Non-Fatal Shooting Convict Motions for New Trial

By Justine Stuber [former] - November 11, 2023
Court | Daily Stories | Domestic Violence | Shooting | Suspects | Victims |

On Nov. 9, Joshua Hemphill motioned for a new trial after a witness allegedly testified while intoxicated. 

On June 7, Hemphill was found guilty of 22 counts, including assault with intent to kill, assault with a dangerous weapon, and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting where, according to court documents, he broke into his ex-girlfriend’s apartment and shot her in the head. The incident occurred on Sept. 21, 2018, on the 2400 block of Wagner Place SE.

According to Jason Clark, Hemphill’s defense attorney, the victim was uncooperative during her testimony and claimed not to remember much of the event due to her injuries. 

A motion, which was filed by Clark on June 14, describes her as “generally unruly,” listing behavior such as calling the prosecutor a “fool”. When asked if she wanted to be there, the victim responded “f**k no.” She also left the stand at one point during her testimony. 

Clark claims that the victim was intoxicated at the time of testimony. 

Court documents state that she was acting in a way consistent with intoxication, and that she had told prosecution she would be drunk when taking the stand. 

Judge Lynn Leibovitz is set to rule on the motion on Feb. 2. 

If the motion is denied, she will sentence Hemphill that day.