‘Rely on Your Recollection,’ Judge Tells Jury Following Closing Statements

By Audrey Staudacher , Maria Andrea Morales - February 14, 2024
Homicides | Shooting | Suspects | Victims |

On Feb. 13, DC Superior Court Judge Michael O’Keefe heard closing statements from parties, regarding a fatal shooting case and offered some last minute advice.

Terrell Poe, 37, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and possession of a firearm by a prior convict, for his alleged involvement in the fatal shooting of 30-year-old Christopher Washington on Sept. 23, 2020, on the 400 block of Southern Avenue, SE. 

In their closing statement, the prosecution asked the jury to find Poe guilty of all charges. They retold the alleged sequence of events on the day of the shooting. This included Poe supposedly preparing for the murder by putting on gloves, shoe coverings, and switching vehicles.

“He had one intention: to cover his tracks,” prosecutors said. “He didn’t think anyone was watching him. He was wrong.”

They presented surveillance footage that showed an individual, identified as Poe, driving a white truck that stalked the victim before shooting at him while he waited at a crowded bus stop. The suspect fired eight shots, four of which struck Washington and killed him.

“He stood no chance,” the prosecution told the jury, regarding Washington. “No chance.”

The surveillance footage then showed the individual identified as the defendant getting back into the white truck after stumbling and dropping a phone. The prosecution reminded the jury that this phone was collected by the Metropolitan Police Department (MPD) and belonged to Poe, allegedly proven by a linked iCloud account, Poe’s phone number, the presence of his DNA, and several selfies of the defendant in a photo album on the phone.

The phone also contained pictures of a gun found to be a near match for bullet fragments found in Washington’s autopsy.

The prosecution also reminded the jury of witness testimony that identified Poe in a photo array and claimed to see Poe driving a white truck the day of the shooting. This witness also felt threatened by interactions they had with Poe after the shooting, which prosecutors claimed was because, “if [Poe] is tied to that truck, he is tied to the murder.” 

The prosecution requested the jury deliver a guilty verdict for all charges. 

In her closing statement, Poe’s defense attorney, Marnitta King, told the jury there was information that the prosecution did not present as evidence, and for good reason.

“They want you to ignore all signs that this was not Poe,” she said.

She reminded the jury of inconsistencies in the witness testimony that contradicted the surveillance footage, implying that perhaps the witness was more involved in the shooting than they testified. 

According to their testimony, the witness waited nine days after the shooting to reach out to police, and only after a reward flier for information had been posted by MPD.

She also stated that eyewitness descriptions of the shooter did not match Poe.

Furthermore, she questioned why the prosecution did not present information from the Telematic Control Module, a device inside vehicles that gathers data such as its location and speed. She claimed that this would have verified witness testimony that saw Poe driving the truck.

King also argued that there was no evidence that Poe possessed his phone at the time of the shooting. Nine days later, at his arrest, a different phone was confiscated from Poe. She questioned why the prosecution did not present any evidence from this other phone to verify their argument.

“He is, in fact, innocent,” King concluded, requesting the jury acquit Poe of all charges.

On the prosecutors’ rebuttal, they told the jury that King’s argument was meant “to distract [the jury] from the case,” and that only relevant evidence was presented.

Furthermore, they reminded the jury that it is not important when a witness came forward, only that they did eventually come forward despite their reluctance to testify.

“[The witness] was afraid,” prosecutors said. “And that was human.”

Prosecutors concluded with a plea to the jury to “do the right thing” by convicting Terrell Poe, stating that for the shooter to be anyone else, “[Poe] would have to be the unluckiest person in the world.”

After closing statements, Judge O’Keefe reminded the jury to “rely on their recollection” of court proceedings and witness testimony. 

The jury was sent to deliberate a verdict.