The prosecution alleged a defendant was the six-foot-tall suspect dressed in all black who committed three shootings against unhoused victims in a trial before DC Superior Court Judge Neal Kravitz on Sept. 16.
Gerald Brevard, 35, is charged with premeditated first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, carrying a pistol without a license outside a home or business, and destruction of property worth less than $1,000. The charges stem from his alleged involvement in the fatal shooting of 54-year-old Morgan Holmes on March 9, 2022 on the 400 block of New York Avenue, NE.
In addition, Brevard is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, mayhem while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a license outside a home or business. These charges stem from his alleged involvement in a non-fatal shooting on March 8, 2022 on the 1700 block of H Street, NE. The victim sustained gunshot wounds to his head, face, chest, thigh, buttock, and hand.
Brevard is also charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a licence for his alleged involvement in a shooting on March 3, 2022 on the 1000 block of New York Avenue, NE. The victim sustained two gunshot wounds to his lower back and a graze wound to his right shoulder.
All violent charges carry an aggravating factor of a bias-related hate crime, because Brevard allegedly targeted unhoused victims.
Before the jury entered the courtroom, Judge Kravitz informed parties about a situation the previous day. According to the judge, a juror was outside the courtroom when he reportedly overheard Brevard’s father mention “New York Avenue shootings” and other information about the case.
The judge then asked each juror individually whether or not they had heard any statements about the case outside of the courtroom. After the inquiry, only one juror was excused because of the errant remarks. The other fifteen jurors returned for preliminary instructions from Judge Kravitz.
In their opening statements, prosecutors told jurors that in all three shootings, the suspect was described as a male, dressed in all black, wearing reflective sneakers, and approximately six feet tall. They added that the same type of .22 caliber bullet casings were found at all three scenes, which they later referred to as the “calling card.”
According to prosecutors, the victim of the March 8, 2022 shooting pleaded “please, please, please don’t shoot me,” before he was shot five additional times.
Throughout the trial, the prosecutor explained the evidence would include photographs and surveillance videos, forensic evidence, expert testimony, eyewitness accounts, as well as Brevard’s cell phone and bank records.
The prosecutor claimed that in Brevard’s home, investigators found black clothing and reflective sneakers that likely matched the suspect’s description. She also claimed that Brevard’s cell phone revealed a photo of a box of .22 caliber ammunition, as well as location data in close proximity to where the offenses occurred.
Brevard’s attorney, Steven Kiersh, asked the jury to consider these three shootings as three separate incidents and decide the case’s factual disputes.
Kiersh noted that Brevard worked in the area which explained why his cell phone was in proximity to the shooting scenes.
After opening statements, the prosecution called a former information technology employee of City Winery DC, where Brevard was also employed. The prosecution showed a file of documents, with one the witness read as a “payroll for employee Gerald Brevard.”
As a chief information officer, the witness was asked to pull camera footage from the interior and exterior of the establishment. The prosecution played for the jury video clips that show an individual dressed in all black clothing walking on Okie Street, NE in Ivy City from March 3, 9, and 13, 2022.
As the March 13 video footage progressed, a man who had walked outside filled out a document inside the lobby of City Winery DC. He handed the paper to another individual in the room and limped as he exited the building.
Two other witnesses the prosecution called to testify were a Metropolitan Police Department (MPD) officer and sergeant who responded to the March 3, 2022 shooting victim. The officer responded at the scene and the sergeant interviewed the victim at the hospital.
The officer testified that he was the first from MPD to respond to a shooting near the intersection of 9th Street and New York Avenue, NE. There, the officer said he found a victim who survived six gunshots.
“I was about five minutes away. I approximately got there at 6:00 a.m,” said the MPD officer. He recalled that it was dark outside, but the street lights were on.
“He was in pain and upset. His lower back had a gunshot wound with tape all over it,” said the MPD officer about the victim.
In cross-examination, Kiersh questioned the type of firearm the MPD officer carries. The MPD officer confirmed he carries a “Glock 16.”
“So you’re not trained to carry a .22?” asked Kiersh. The MPD officer confirmed he is not trained to carry a .22 caliber firearm.
The officer called for an ambulance and the victim was taken to the George Washington University Hospital, where the victim was further questioned by an MPD sergeant.
When prosecutors asked about the shooting suspect in an interview, the victim “described the man as a Black male, 30-to-32, six feet tall, medium build, with a black hood and suit,” said the MPD sergeant.
Brevard’s other attorney, Megan Allburn, questioned the MPD sergeant about the time of day that he visited the victim at the hospital. The MPD sergeant confirmed he arrived in the late morning and that time had passed between the shooting and when he interviewed the victim at the hospital.
The jury is expected to hear testimony from the March 3, 2022 victim when the trial resumes on Sept. 17.
