Victim’s Girlfriend Refuses to Testify in Homicide Trial

By Lily Engel [former] - July 30, 2024
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

DC Superior Court Judge Michael O’Keefe ordered a homicide victim’s girlfriend arrested and charged with contempt of court because she refused to testify on July 29.

Bernard Matthews, 44, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and carrying a pistol without a license for his alleged involvement in the shooting of 22-year-old Diamonte Green. The incident occurred on Feb. 16, 2021, on the 300 block of 33rd Street, SE.

Green’s girlfriend, who is also Matthews’ son’s cousin, was intended as a witness for the prosecution. However, she refused to be placed under oath, and ignored the judge. 

Judge O’Keefe had the jury leave the courtroom and gave her another chance to cooperate. When she didn’t, he held her in contempt of court and had her arrested. 

The woman’s mother was in the gallery and told the prosecutor that she could not make her daughter testify because she is an adult and can make her own choices in spite of the legal sanctions.

Following Green’s girlfriend’s refusal, the prosecution called the mother of Matthews’ son.

On the day of the incident, Matthews came over to the witness’ apartment to talk about his son’s having trouble in school, according to the witness. 

The witness’ sister and her children, one of which was Green’s girlfriend, lived in the apartment downstairs. On surveillance video, the witness, Matthews, and his son are all seen walking back and forth from her apartment to the mother’s sister’s apartment a few times. 

At one point, according to the witness, Matthews left the apartment building. The witness claimed that she thought he was going to the bus stop to go home. 

However, the prosecution stated he left his phone at her apartment. 

Defense attorney Marnitta King said that he could have been going outside to walk around the block to smoke, since it isn’t allowed on the building’s property. 

The witness said that Matthews does smoke and often goes outside too, but she doesn’t know what he did the day of the incident. 

According to the witness, Matthews eventually came back to the apartment shortly after and grabbed his phone and a backpack. The witness then walked him downstairs and drove him home. 

The prosecution asked if they were walking “more quickly” than earlier. The witness said that that is what it looks like on the video. 

According to the witness, Matthews had participated in the “Stop the Violence” campaign in the neighborhood. 

The prosecution also called on a doctor from the Office of the Chief Medical Examiner (OCME) who confirmed that Green suffered from eight bullet wounds, which was his cause of death. She said that no one could have survived from the injuries, and deemed the manner of death a homicide.

Parties are slated to reconvene July 30.