There Are ‘No Witnesses to This Case,’ Defense Argues During Trial

By Maria Andrea Morales , Audrey Staudacher - April 21, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

A homicide defendant’s attorney claimed, “There are no witnesses to this case,” arguing his client is not guilty because no one saw him commit the crime.

Eric Davis, 60, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the murder of 41-year-old Theodore Riley on the 1600 block of Gales Street, SE on July 19, 2021.

According to prosecutors, video surveillance footage shows Davis and Riley walking through a residential neighborhood together before walking into an alley between two houses. The alley, which was not captured by surveillance footage, was lined with fences, gates, and walls bordering private property on either side.

A nearby camera recorded audio of a loud noise, followed by footage of Davis running out of the alley. Riley was pronounced dead from a gunshot wound at the scene.

On April 18, The prosecution called a deputy medical examiner from the Office of the Chief Medical Examiner (OCME) to explain Riley’s autopsy results. 

The medical examiner collected a DNA blood card and bullet fragments from the victim’s body. Photographs taken during the autopsy of the entrance and exit wounds on his head caused by a bullet were shown to the jury. 

The autopsy also identified skin abrasions on the left side of Riley’s head and face and on the left knee. The medical examiner testified it was possible these abrasions were injuries from falling to the ground.

The medical examiner determined that the manner of death was a homicide from a gunshot wound. 

According to the examiner, the cause of death was ruled not suicide due to to stippling around the entrance wound, meaning Riley was shot from an intermediate range, which was inconsistent with suicide.

The prosecution’s next witness was the lead detective from the Metropolitan Police Department (MPD) who testified about the two main entrance and exit points of the alley, adding that all other possible entrances lead into backyards of the residents of the area and were secured with locks.

He also said the noise heard on video surveillance footage was consistent with the sound of a gunshot. 

On cross examination, Davis’ defense attorney, Howard McEachern, pointed out that no video surveillance of the shooting itself was recovered, and that no physical altercation or aggressive behavior occurred between Riley and Davis before they entered the alley.

McEachern also argued the fences and gates lining the alley could’ve been climbed, even if they were locked.

The detective agreed, stating, “It’s not impossible.”

After the conclusion of the detective’s testimony, the prosecution rested their case.

Parties are slated to return on April 22.