A victim in a shooting trial was granted immunity by prosecutors before giving a questionable testimony that left out key details of the shooting before DC Superior Court Judge Judith Pipe on Oct. 6.
Dominick Jackson, 41, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in a shooting that occurred on Nov. 20, 2022, on the 700 block of 12th Street, NE. One person was injured during the incident.
At the beginning of the hearing, prosecutors disclosed that the victim had been granted immunity, protecting him from criminal prosecution in a separate drug possession and distribution case, if questioned about it.
Judge Pipe criticized prosecutors for springing the victim’s immunity on defense attorney Kevin Robertson the morning the victim was set to testify, saying that they had ample time over the weekend to share the information. Despite the last-minute notice, Judge Pipe allowed the victim to testify under immunity.
Continuing with cross-examination, the defense referenced the last conversation before the trial was paused. They discussed previous charges, penalties, and locations, questioning how those issues could be addressed now that the victim said that he had received immunity in a prior 2024 case and downplayed concerns about going to jail.
Robertson argued the victim’s testimony was motivated by self-interest and highlighted gaps in the victim’s memory, which the victim attributed to drugs and hospital medication. The victim couldn’t recall key details of the shooting or who shot him during his testimony, though he previously identified the defendant to police and in grand jury testimony.
Prosecutors called to the stand the trauma surgeon who treated the victim immediately after the shooting. He confirmed the victim arrived in critical condition with a gunshot wound, underwent emergency surgery, and later treatment revealed a serious pelvic injury. He testified that medications could have caused confusion or memory loss. Robertson used the doctor’s statements about confusion and memory loss to question the reliability of the victim’s statements.
Judge Pipe expressed frustration with the prosecution’s approach, questioning why the trial was proceeding at all if the prosecution had failed to conduct a thorough investigation, particularly given the possibility that other individuals, including known enemies of the victim, could have been responsible for the shooting.
She emphasized that the prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt and suggested that neglecting to pursue alternative suspects undermined that obligation.
A forensic expert also testified, confirming shell casings were collected from the scene but not swabbed for DNA, a point of contention.
Robertson brought to the stand a victim advocate who testified to comments made by the defendant’s ex-girlfriend on Oct. 1 during a break in her own testimony. The victim advocate testified to hearing her say, “If I were to tell the real truth, I would be six feet under.”
These comments add to the uncertainty of the key witness in the trial who has shared details on the shooting and the relationship between Jackson and the victim.
Throughout the trial, her reliability has been in question, particularly because prosecutors allege that Jackson has sought to intimidate her. Earlier in the trial, prosecutors played a voice message in which Jackson can allegedly be heard saying, “snitches get stitches, bitches end up in ditches.” The witness said earlier that testifying in court has made her feel threatened.
The trial is set to continue Oct. 7.
