Trial for 2013 Homicide Gets Underway 

By Adriana Marroquin - June 1, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

On May 31, DC Superior Court Judge Michael Ryan heard opening arguments from attorneys in a 2013 homicide case. 

Victor Coley, 60, is charged with first-degree murder while armed premeditated, assault with intent to kill, aggravated assault knowingly while armed, possession of a firearm during a crime of violence for his alleged involvement in a shooting that left four individuals injured on Nov. 6, 2013, on the 3900 block of Minnesota Avenue, NE. 

On Dec. 3, 2021, 65-year-old Dennis Foster, one of the victims from the shooting, succumbed to his injuries. 

According to prosecutors, Foster was a well-known individual in the area of the shooting, with many locals calling him “Pops” or “Old Timer”. 

“This man, defendant Victor Coley, walked up to two men and shot them, point blank,” said prosecutors. 

Two bystanders were struck by gunfire, as one of the original victims ran away from the shooter. One of them suffered a shot to the leg, and the other to the hand.

All four individuals originally survived the shooting, but had to deal with its aftermath for years. Complications from his injuries led to Foster’s death. The other three have since passed away from other causes.

“You will know beyond a reasonable doubt that Victor Coley was the gunman,” prosecutors insisted, arguing the evidence would prove Coley to be guilty. 

“You will know he’s guilty beyond a reasonable doubt, and that’s when we’ll ask you to hold him responsible” they said.

However, defense attorneys insisted the prosecutors were wrong. 

“Coley is not guilty,” said Jesse Winograd, defense attorney for Coley. 

He argued that the only evidence that can be proved beyond a reasonable doubt is that Coley was in northeast DC on the day of the incident, and he was wrongfully arrested. 

“[Witnesses] saw different things… no one actually saw Coley do the shooting,” he insisted.

According to defense attorneys, Coley didn’t have any guns or drugs on him at the time of the arrest, and the two guns recovered from an apartment did not have his fingerprints or DNA on it. 

Winograd insisted that Foster’s death was not from complications with his injuries from the shooting, but rather other issues, and insisted that the prosecutors were just trying to put the blame on Coley.

“The only verdict deserved for their incomplete story is not guilty,” he concluded.

Following opening arguments, prosecutors called the Metropolitan Police Department (MPD) first responding officer of the shooting to the stand. 

According to the officer, he was familiar with the area of the shooting because he patrolled it for many years, and got to know a lot of the locals.

He came across the shooting after he had been dispatched to another incident, and realized it was urgent. 

When he arrived at the scene, he saw Foster laying face down with a gunshot wound to his back. 

Two other individuals approached him to tell him they had been injured while another officer checked on the second victim. 

Several eyewitnesses directed him to a building on the 3500 block of Clay Place, NE, right behind the original scene, into which they said the shooter had run. 

As he headed over to the building, he saw an individual who fit the suspect description exit the building. Various eye witnesses said “that’s him,” which led the officer to detain the suspect, later identified as Coley. 

Prosecutors also had a K-9 officer testify about his involvement in the investigation of the crime scene.

According to the officer, he and his dog were dispatched to the scene with requests to locate any gun evidence. 

They went into the apartment building that Coley allegedly exited, and searched an apartment, and located two handguns hidden in a wall that had access to plumber fixtures. 

Trial is slated to resume June 1.