The stepdaughter of a shooting defendant testified on Nov. 13 before DC Superior Court Judge Danya Dayson that members of the victim’s family attempted to set her apartment building on fire two days after the shooting.
David Pena, 49, is charged with second-degree murder while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm. The charges are in connection to Pena’s alleged involvement in the fatal shooting of 24-year-old Maurice Robinson on the 2900 block of Southern Avenue, SE, on June 12, 2023.
Lawyers for David Pena, Dana Page and Gail Engmann, called his stepdaughter to testify about the brawl that led to Robinson’s death as well as an attempted arson at Pena’s apartment building two days after the fight, which Page and Engmann allege was committed by Robinson’s family.
The witness testified to being home the day that her stepsister, Pena’s daughter, got into a fight with a former friend. She said that the family of the other girl came to their apartment complex and goaded her stepsister into a fight.
“They came to our house and people came to our door and they started banging,” she said.
The witness described a chaotic scene as she went out to retrieve her younger siblings and bring them inside, away from the conflict.
“People were fighting and people were trying to stop the fight as well,” she said. “There were kids that were getting maced and they [Robinson’s family] proceeded to jump her.”
The witness also said that when she tried to intervene and break things up, a man grabbed onto something in his waistband and told her to back off.
“I guess I thought it was a gun,” she said.
During their questioning, prosecutors pointed out that she had not said anything about someone flashing a gun at her until this month despite being interviewed by the police several times. It was not clear during her testimony if the man in question was Robinson.
Page also asked the witness about an attempted arson that took place at the witness’ apartment building two days after the shooting. Prior to his arrest, Pena had also lived in the building, along with some of the witnesses’ family.
The witness said that at around 2 a.m. she heard what sounded like water splashing outside her apartment.
“People came and they poured gasoline around the building,” she said. The witness testified that she saw one person’s face and recognized her as the lady who allegedly maced her young siblings on the day of the brawl. When asked how she could recognize her, the witness said that she was wearing the same shoes at the brawl and the arson.
Prosecutors challenged the witness’ version of events and played the 911 call she made the night of the arson. During the call, the witness said that she did not know and could not identify any of the people committing the arson.
In response to prosecutors’ questioning, the witness described it as a “frantic call.”
Jurors also heard testimony from the lead detective in this case.
The detective interviewed the mother of Pena’s biological daughter, who identified Pena as the shooter, according to the detective.
However, the detective said that no weapon was found in the apartment where Pena lived.
In fact, no murder weapon has been recovered in this case and ballistic evidence was not recovered from the scene of the shooting, according to the detective.
Judge Dayson denied a motion from the defense to discuss the prosecution’s failure to investigate the arson incident in front of the jury.
“This is where the trial within the trial really becomes an issue for me,” Dayson said.
Dayson did, though, allow the defense to reopen cross-examination an earlier witness, Robinson’s mother. Based on testimony from Pena’s stepdaughter, Robinson’s mother allegedly maced children during the brawl and participated in the arson incident.
Parties are slated to reconvene on Nov. 17.
