A suspect who didn’t pull the trigger is nonetheless being charged in a fatal shooting. His trial opened before DC Superior Court Judge Rainey Brandt on Aug. 4.
Franklin Dorn, 45, is charged with second-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of Antonio Brown, 28, on Aug. 6, 2023 on the 1200 block of North Capitol Street, NW.
The prosecution told the jury that surveillance footage clearly shows the shooting, which occurred after a verbal altercation with the actual shooter whose identity is known but hasn’t been charged.
Dorn allegedly told the shooter to put his weapon, which was in his waistband, so they could fight. When the man refused Dorn allegedly pulled out his weapon and pointed it at the other shooter. However, it malfunctioned and the magazine fell out.
In the fatal exchange, Brown became the unintended shooting victim.
“This isn’t a whodunnit case,” the prosecutor said, claiming Dorn was the instigator although he didn’t fire the kill shot. They pointed out Brown and a witness in the video, labeling them as “peacekeepers” and innocent bystanders during the incident.
Defense attorney Kevin Irving highlighted that Dorn and Brown were close, saying that Dorn was Brown’s “favorite uncle.”
Irving told the jury that Dorn did not want a gunfight and “took every step for reasonable self-defense that day.” He also pointed out that Dorn did not fire the fatal shot; it was the other man.
An eyewitness, a woman who said she was “romantically friends” with Dorn at the time, testified that she arrived at the parking lot in the early morning after a night out with friends. Although she was intoxicated, she said she remembers the other shooter threatening Dorn leading up to the incident.
The witness said Dorn tried to give her his weapon so he could engage in a fist fight with the man, but she did not take it. She also said she does not recall all of the details of the incident, but remembers Dorn looking upset when he drew his weapon.
“It was a blur,” she said.
She also told the jury that the actual shooter bumped into several people that night, body slamming one woman to the ground.
Prosecutors also called a Metropolitan Police Department (MPD) officer to the stand who attempted to interview the mortally wounded Brown in an ambulance. He testified that he asked Brown if he could identify who shot him and he said he did not know.
In court, Dorn appeared to be crying when the footage showed Brown on the ground and in the ambulance.
Another eyewitness purporting to be a Special Police Officer was working security the day of the shooting.
However, his responses were limited following the memory effects of a coma in 2021.
After using the restroom, the security guard said he heard a gunshot. He remembered seeing an individual shot and someone lying on the floor. He immediately went to report it to his supervisor.
Irving focused on the witness’ inability to recall things without assistance and pointed out that the grand jury testimony was almost nine months after the shooting occurred.
Irving also noted that based on video footage, it appeared the witness had AirPods in, which could have affected his hearing. The witness stated they may have accidentally been left in.
Irving challenged the witness saying he was not in a Special Police Officer uniform that day was because he never received his license or completed formal training.
Prosecutors also called the lead detective on the case for MPD to the stand who reviewed CCTV footage of the incident. Several clips of the shooting were played for the jury, showing a group standing in the parking lot appearing to have a normal conversation.
Suddenly, things get heated and you can see a few members of the party arguing. Gunshots hit one person while everyone else scrambles.
During cross examination, Irving ensured that the detective made sure all timestamps of video footage recovered from that day were accurate, which he had.
Parties are slated to reconvene Aug. 5.
