DC Superior Court Judge Todd Edelman presided over a jury trial on April 28 for a homicide defendant charged with an attacking a victim at a U Street bar.
Robert Lowe, 42, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction greater than a year for his alleged involvement in the fatal shooting of 43-year-old Kenneth Goins inside Desperados Burgers & Bar, on the 1300 block of U Street, NW on April 27, 2024. Goins sustained one gunshot wound to the abdomen.
In opening statements, prosecutors described the night as a friendly outing that ended in violence. They detailed a dinner and night out among friends, with Goins socializing at the bar before a fight broke out. According to prosecutors, Goins was attacked with a bottle to the back of his head, after which punches were thrown and bystanders attempted to intervene.
The prosecution pointed to Lowe and argued that he started and finished the fatal altercation, and that he alone was responsible for escalating the encounter into a deadly one.
Prosecutors said the jury would hear from Goins’ friends, the women he was conversing with at the bar, the bartender, the bouncer, and law enforcement present at the scene. They added that DNA evidence would corroborate witness testimony confirming Lowe’s guilt.
Although Goins did have a gun on him that night, prosecutors noted he never had the chance to reach it, as it was too difficult for him to access in the bottom of his backpack. Prosecutors concluded that the fight started with a fist and ended with a gun, and the only appropriate verdict was guilty.
Lowe’s attorney, Lisbeth Sapirstein, described a different version of events, where she explained that Lowe did not have a gun that night, and that it was Lowe who was being beaten, not the aggressor. Sapirstein told the jury that the only gun recovered on scene was found in Goins’ backpack, not on Lowe, and that Goins’ backpack also contained a significant quantity of drugs and cash.
Sapirstein argued that the witnesses lacked credibility, and that there was no video footage of the fight or the shooting itself. Sapirstein also pointed out that police pursued multiple other potential suspects that night, that there were no incriminating texts, and that one bullet from Goins’ revolver was missing. Sapirstein concluded the jury must find Lowe not guilty.
The prosecution called the bar manager at Desperados on the night of the shooting who said she knew Goins as a regular at the bar and provided a detailed eyewitness account of the night, testifying that she observed a man on the floor with a pistol in his hand before firing two shots at Goins.
The bar manager elaborated that she was close enough that she felt the wind from the gunfire, then said the shooter left with someone as everyone scattered. When the prosecution asked if the shooter was in the courtroom, the bar manager confirmed, and pointed to Lowe.
On cross-examination, Sapirstein highlighted significant inconsistencies between her testimony, her statements to detectives on body-worn camera footage, and her prior grand jury testimony. In particular, Sapirstein discussed that prior to her testimony in trial, the bar manager never mentioned the kind of gun the shooter used, the intensity of the shots she felt, or the amount of shots that were fired. The defense also pointed to a $25,000 dollar reward offered for information about the incident.
The prosecution played footage showing the bar manager visibly distraught on the night of the incident, and she maintained she was truthful throughout her statements.
The prosecution also called a Field Training Officer (FTO) with the Metropolitan Police Department (MPD) who was stationed across from the incident site that night. The officer testified that after hearing six-to-seven gunshots, he observed two individuals walking calmly while everyone else fled, and recognized one of them to be Lowe from prior encounters on U Street and at a nearby restaurant.
The prosecution also showed footage from outside a nearby restaurant, days before the shooting, in which the officer identified Lowe among a group of motorcyclists.
On cross-examination, Sapirstein challenged the officer’s identification, noting that he had broadcast a “light skin” description of the suspect over the radio, a term the officer confirmed refers to Black individuals, not White individuals like Lowe.
The prosecution then called another MPD officer who testified that she entered the bar after hearing shots and found Goins shot in the abdomen on the stairs. She and a fellow officer attempted life-saving measures until EMS arrived approximately five minutes later, but Goins was pronounced dead on scene.
Sapirstein noted that the officer heard only three shots, that other pedestrians near the bar also appeared calm in video footage, and that she did not interview anyone that night.
The prosecution also called the primary forensic scientist from DFS who conducted the on-scene investigation. The forensic scientist testified that he took pictures of the bar, collected evidence like beer bottles, and processed Goins’ backpack, which contained the revolver and around 700 dollars in cash discovered on Goins, said the forensic scientist.
After examining the evidence, there was no time for the defense to cross-examine this witness during the proceeding.
The prosecution also called a forensic scientist from DFS who arrived on the scene the night of the shooting. The analyst testified that he used a three-dimensional laser scanner to document the scene upon arriving at 2:10 a. m., with scans showing the victim, clothing on the ground, and a backpack under a table.
Sapirstein confirmed with the forensic scientist that the revolver recovered from the backpack contained one spent shell casing and five full cartridges, and that no additional casings or bullet holes were found inside the bar.
The prosecution called Goins’ mother to testify, who described her son as a loving, devoted family man and military veteran who had four children. Goins’ mother emphasized that he was her only child, and that they had a very close relationship.
Parties are set to reconvene to resume trial on April 29.
