DC Superior Court Judge Danya Dayson heard dramatic testimony from witnesses on Oct. 6 in the jury trial of a non-fatal shooting defendant.
Ato Ocran, 46, is indicted on charges of assault with intent to kill while armed, aggravated assault knowingly while armed, four counts of possession of a firearm during a crime of violence, two counts of assault with a dangerous weapon, destruction of property $1,000 or more, carrying a pistol without a license outside a home or business, and 4 counts of possession of an unregistered firearm.
These charges stem from Ocran’s alleged involvement in a non-fatal shooting of a victim on June 3, at the 2000 block of 13th Street NE. The victim was shot once in the left shoulder in a dispute about an unplugged vehicle charger that quickly escalated into violence.
The prosecution recalled an eyewitness who was in the vehicle with the victim when shots were fired.
He told the jury that as he and the victim were driving down 10th Street when a blue Tesla pulled up beside their car and he heard “pow, pow, pow”. When asked how many gunshots he heard he said “like four”. He went on to say that a bullet flew right in front of his face and he “thought I was going to die that day”.
According to the witness, after the shots rang out the victim said “I got shot”. When asked about his relationship with the victim he said that was his sister’s boyfriend and that they lived together.
The prosecution asked if he had a gun on him that day, he stated “no ma’am”. The prosecution also asked the witness if he was the same individual who had pleaded guilty to multiple cases of possession of drugs with intent to distribute, and he agreed.
In cross examination Ocran’s attorney, Elizabeth White, asked the witness if in 2024 he pled guilty for attempting to distribute the drug PCP (Phencyclidine). He said he was.
He stated that on June 3, the day of the incident, he was using PCP, crack cocaine and drinking alcohol.
The witness stated that when he arrived at the Giant grocery store where the defendant and victim were having an argument, the victim was angry. When asked if the victim told the witness he was going to follow the blue Tesla, the defendant’s vehicle, he said yes.
He said that after the shooting, the victim continued driving and pulled over at 15th Street where the witness got out. The witness said that the victim drove off and he remained on 15th Street talking to the victim’s family.
White asked if it was correct that he did not see the victim when he arrived at his sister’s house after exiting the vehicle on 15th Street. He stated that the victim was there when he arrived. He was then approached with his grand jury transcript where he had stated that the victim was “pulling up” to the house, not already on scene. He stood by his original statement in which he said the victim was already at his sister’s house.
In redirect the witness altered his testimony about the use of drugs during the day of the incident. He said that he got mixed up with the days and did not know that June 3 was the day that the victim was shot. He went on to say on the day of the shooting he was not on any drugs.
The prosecution called another eyewitness, the victim’s daughter.
She said that on the day of the shooting she had returned home from an interview and was taking a nap when she woke up to her mother on the phone with her father yelling “fight, fight”.
She testified she walked the five minutes from her house to the Giant supermarket parking lot where she saw her father and another man. According to the witness, when she arrived, the victim and another man were not physically fighting, but were yelling at each other. .
According to the witness, the other man got into his blue Tesla and said something to the effect of “stay right there I have something for you” and then drove off. She stayed at the parking lot for approximately ten more minutes while waiting for her mother to pick up her vehicle from the parking lot.
During this time, the witness testified, the victim and the witness’ uncle drove off in the gold Jeep. While the witness and her mother were in the parking lot, her mother received a call from the victim that he had been shot.
The witness testified that she immediately called 911 and started running towards her house – she stated she could track her dad’s location and saw he was heading home.
The 911 call was played in court in which the witness could be heard stating the incident address and asking for an ambulance.
She testified that she went with her father to the hospital.
After the incident, she was shown a photo array of individuals where she identified and circled one individual based on the fact that she had seen this man arguing with her father in the Giant parking lot.
In the defense’s cross examination, the witness told Kevann Gardner, Ocran’s attorney, that her father had been nice to the other man. She stated the victim told her he would be picking up his other children from school as he left the parking lot.
The witness stated that she did not see an altercation, a golf club, a gun, or the shooting. The defense then played the 911 call that the witness placed.
In the call the witness and her mother could be heard trying to get her father to stop driving and wait for an ambulance after he had been shot.
In the prosecution’s redirect, the witness reasserted that she heard the man say something about a gun. She recalled hearing “stay right here, I got something for you” as well as seeing the man “digging in his back seat” leading her to believe he had a gun.
The prosecution also called a Metropolitan Police Department (MPD) officer who responded to the 911 call and took part in the preliminary investigation. The officer made contact with the victim, testifying he arrived on scene and witnessed a male in a white shirt bleeding from his left shoulder. He identified this individual as the victim.
On stand he identified the gold Jeep as having bullet holes in the driver side and blood on the interior. He stated that the Department of Forensic Services (DFS) were called to the scene later to take pictures of the vehicle. Those photos were used as prosecution evidence for the witness to identify.
He stated no one on scene had a gun.
In cross examination by White, the officer was asked if he received information about a witness that said that they saw gunfire coming from the gold Jeep. He said he could not recall and was shown his body worn camera footage, in response he said that the information about this possible witness was relayed to another officer.
Judge Dayson instructed the jury that the question and answer may not be taken as evidence that the victim had a gun and can only be used to weigh the effectiveness of the investigation by MPD.
In the same line of questioning the officer was asked if to his knowledge no officers followed up on the witness that allegedly saw gunfire coming from the victim’s car. He stated he did not know.
When asked if to his knowledge officers did not get a search warrant for the victims house or search the victims hours, he did not know.
The prosecution presented more DFS photos to the officer where he was questioned if he knew that there was a knife in the victim’s car, he stated that he did not know that there was.
In redirect the prosecution asked if to his knowledge any officers followed up with the witness, he stated he did not and that it was up to the lead detective.
Prosecutors called an MPD detective who testified to showing the victim’s daughter a photo array of different individuals after the incident. The detective used the double-blind photo identification procedure, meaning that the detective is unaware if the suspect is among the photos.
Gardner, in a cross examination, noted that the detective does not know what happened that day and whether or not self-defense was a factor.
Another MPD officer was called by the prosecution who testified to searching Ocran’s home. During the search the officer located and recovered an instruction manual for a firearm and a cellphone.
The prosecution called an MPD sergeant with the firearms registration branch of the records division. The sergeant testified that on the day of the incident, Ocran had no firearm registration or concealed carry permit.
In the defense’s cross, the sergeant told Gardner that they do not know what happened that day and whether or not self-defense was a factor.
After the jury was excused, parties discussed the victims mental health and the use of his mental health records. Judge Dayson noted that case law surrounding this topic is specific.
The defense characterized the victim’s behavior as “bizarre” and noted that during an emergency room visit, he was referred to the community resource team for people with mental health crises. Elizabeth White, Ocran’s attorney, stated that the victim was suffering from a mental health episode.
Prosecutors argued that the defense cannot use the records while the defense stated that they would only be used if they’re allowed and if the witness denies a history of mental health issues.
A ruling on the matter was not made.
Parties are slated to reconvene on Oct. 8.
Olivia Swaney and Skye Faison
