Victim and Witness React Differently to Shooting Suspect Photos

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DC Superior Court Judge Rainey Brandt heard prosecution testimony about differences in witness’ testimony regarding the identification of a shooter in an ongoing trial on Feb. 6

Chantel Stewart, 33, and Daniel Cary, 30, are charged with two counts of assault with intent to kill while armed, five counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, and threat to kidnap or injure a person for their alleged involvement in a non-fatal shooting on the 4000 block of 1st Street, SE on July 22, 2020. The victim suffered a collapsed lung.

The victim previously testified she and Stewart “had an okay relationship.”  The victim’s sister’s ex-boyfriend had previously dated Stewart.

The lead detective created two different photo- arrays that were shown to the victim and another witness to identify Cary. He explained that general practice is to have a detective unfamiliar with the case conduct the identification portion of the interview to avoid any bias. 

During cross-examination, the detective testified the victim identified a person other than Cary in the photo-array. The detective added that she pointed him out in the array a couple of times, and said “It looks like him, but he had dreads.”

This was later corroborated by another detective who testified that after the incident, in the hospital, the victim pointed out a specific suspect, who was not Cary.

However, an eyewitness identified Cary as the shooter.

During cross-examination, the defense attorney for Cary, Alvin Thomas, said the cameras during the interview malfunctioned and didn’t capture the original statement. Another investigator testified that it was not unusual for a camera to fail, and he followed protocol, which is to bring in the lead detective, and redo the procedure. 

To underscore the longstanding relationship between Stewart and Cary, the prosecution played phone clips of calls from the DC Jail between the two, expressing their abiding love for one another.

Parties are set to reconvene Feb. 10.