The defense attorney for a shooting defendant argued that he acted in self-defense during opening statements on Oct. 6, before DC Superior Court Judge Danya Dayson.
Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, five counts of possession of an unregistered firearm, four counts of possession of a firearm during a crime of violence, destruction of property worth $1,000 or more, and carrying a pistol without a license outside a home or business for his alleged involvement in a non-fatal shooting that occurred on the 2200 block of 13th Street, NE, on June 3.
One person was harmed during the incident.
During openings, the prosecution argued that Ocran intended to kill the victim in what started as an argument over an electric vehicle charging station near the Giant supermarket at Rhode Island Place in Northeast, DC.
The prosecution claimed that Ocran unplugged the charger that was in the victim’s red Nissan LEAF. The victim confronted Ocran which led to a physical altercation. The prosecution claimed that the victim was in possession of a golf club but never struck Ocran with it.
The victim claimed he heard Ocran say, “I’m gonna get my gun,” and proceeded to the trunk of his blue Tesla, according to the prosecution. The victim said he kicked at the door of Ocran’s vehicle to prevent him from retrieving his firearm.
The conflict seemingly fizzled out when both men reportedly got into their vehicles and left the parking lot. However, when both vehicles approached each other at 10th Street, NE, the prosecution claimed that Ocran fired four gunshots into the victim’s vehicle. One bullet entered the victim’s shoulder. Another man that was sitting in the passenger’s seat of the victim’s car was not injured. However, the prosecution claimed that Ocran aimed for the victim’s head.
The prosecution argued, “shooting point blank at someone’s head is a deadly force.”
Although there was video footage of the altercation that occurred in the parking lot, no video of the shooting has been found, according to the prosecution.
Defense attorney Kevann Gardner argued that Ocran never fired a gun until he was “hunted down, cornered, and was about to be shot.” Gardner stated that Ocran acted in self-defense.
Gardner claimed that Ocran was charging his vehicle first. Ocran then received an alert on his phone that indicated his vehicle was no longer charging. Gardner claimed Ocran got on his scooter, traveled to the charging station, and saw that the victim had removed the charger from Ocran’s vehicle and plugged it into the victim’s Nissan LEAF.
Gardner claimed that Ocran removed the charger from the victim’s vehicle and plugged it back into his Tesla.
The victim approached Ocran in a gold Jeep Liberty and started yelling at him, according to the defense. Gardner claimed that once his car was parked, the victim approached Ocran, still yelling, and punched Ocran in the face.
Ocran walked back to his vehicle and the victim followed him, claimed Gardner. Moments later, the victim approached Ocran while in possession of a golf club. Gardner argued, “you bring in a golf club to knock someone’s head off.”
Gardner claimed that the victim ran up and kicked Ocran’s vehicle as he drove away.
While driving, Ocran claimed he saw the victim’s Jeep speeding towards him in his rearview mirror, according to Gardner. Ocran then sped through a yellow light. However, Gardner claimed that the victim took an alternate route and met Ocran on 10th Street with both vehicles facing each other.
Gardner claimed that the victim drove toward Ocran’s car and got out while in possession of a firearm. Ocran tried to reverse his vehicle until he no longer could. The victim got back in his vehicle and drove towards Ocran, which is when Ocran got his gun and shot at the victim’s vehicle, Gardner stated.
Gardner claimed that Ocran is innocent for three reasons.
First, Gardner claimed that Ocran was trying to leave the situation, but the victim did not let him.
Second, the victim used anything he could get his hands on as a weapon, which consisted of his fist, a golf club, gun, and a knife that was in his vehicle. Gardner emphasized that Ocran never grabbed his firearm until after the victim drew his gun on Ocran.
Lastly, the prosecution’s inadequate investigation in this case, in which they never collected and preserved key evidence such as the victim’s golf club, gun, and knife.
Additionally, Gardner argued that there were eyewitnesses in the parking lot and on 10th Street, who the prosecution did not ask to testify in court. Instead, the prosecution asked three individuals, who live with Ocran, to testify in court.
Gardner also mentioned that the victim did not go to the hospital or call 9-1-1 after the shooting.
Earlier, the prosecution explained that the victim went to his old neighborhood to look for a gun after the shooting. However, Gardner argued that the victim went to the neighborhood to dispose of the gun, and if the police caught the victim in possession of a firearm, then he would have been sent to prison due to his prior felony convictions.
Prosecutors called in the victim’s girlfriend to testify. The woman said that on June 3, she worked customer service at Home Depot, located in the same parking lot where the altercation occurred.
The victim’s girlfriend confirmed that she was the owner of the red Nissan LEAF and the gold Jeep Liberty.
The victim’s girlfriend could not recall what time her shift ended but said her boyfriend, the victim, dropped her off at home and she told him to go charge her red Nissan LEAF at the Giant charging station.
At the time, only one of two charging stations were operating.
The victim’s girlfriend said that it takes one to two hours to charge the vehicle.
The victim’s girlfriend said she called the victim to check on him. He responded, “he took the car off the charger again.” The victim did not specify who he was talking about.
The victim’s girlfriend said she recalled hearing the victim say, “Can you put my car back on the charger?” While she remained on the phone with the victim, she heard profanity as the confrontation escalated. Eventually, she heard a lot of movement, which she said sounded like tussling.
The victim’s girlfriend testified that she told her daughter, who was in the room next door, “I think dad is fighting,” and sent her to the parking lot.
The victim’s girlfriend said that she was in bed at home but received a ride from a neighbor to the parking lot since the victim had driven her gold Jeep Liberty.
Shortly after, the victim’s girlfriend received a phone call from the victim who said, “come pick me up, I got shot.” The woman she said thought the victim was joking. She explained, “If a person gets shot you would think they would be screaming or something.”
The prosecution asked the victim’s girlfriend why she kept a golf club in her Jeep Liberty. The woman answered, “We live in a rough neighborhood. That’s my protection, I’m sorry.”
In her grand jury testimony, the victim’s girlfriend claimed that there were no weapons inside the Jeep Liberty. However, in addition to the golf club, photographs showed a knife in the pocket of the driver side door.
During defense attorney Elizabeth Paige White’s cross-examination with the victim’s girlfriend, she confirmed that she was not present in the parking lot during the altercation, nor did she see the shooting. The woman said that everything she heard came from the victim, her brother, and her daughter, who also did not see most of the fight or the shooting.
The victim’s girlfriend said that the victim told her that Ocran, who he described as “the other guy,” took the charger out of her car– therefore, the woman believed that the charger was in her car first.
The witness also told Metropolitan Police Department (MPD) officers that she charged the car. The woman explained that there was a lot going on and she was very confused. ”
The man testified that on the day of the incident, he went to the Giant parking lot because his niece, his sister’s older daughter, told him that the victim was involved in a fight.
Upon arrival, the man saw the victim and Ocran “squared up” like they were ready to fight. The man claimed that he did not see anyone swing but confirmed that the victim kicked Ocran’s car and was in possession of a golf club.
Once Ocran drove away, the victim was upset and said he was going to follow Ocran, according to the witness.
The witness offered to ride in the car with the victim and got in the passenger’s seat of the Jeep Liberty. When asked by the prosecution why he decided to ride with the victim, the witness answered “to make sure he was straight.”
The witness claimed that the victim took an alternate route and came face to face with Ocran’s Tesla on 10th Street. According to the witness, the victim pulled in front of Ocran’s vehicle, reversed, and then parked beside it.
Afterwards, Ocran shot at the victim’s car, according to the witness.
The witness said that the bullets flew across his face, and he emphasized, “I could’ve been dead that day.”
Parties are slated to reconvene Oct. 7.
