Witness Balks in Teen Homicide Trial

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Parties played audio from an uncooperative witness’ grand jury testimony in a homicide trial before DC Superior Court Judge Todd Edelman on March 4.

Daquan Gray, 23, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business for his alleged involvement in the fatal shooting of 15-year-old Jaylyn Wheeler, on the 600 block of Alabama Avenue, SE, on May 16, 2018.

A previously missing witness, a former Ballou High School student, who the prosecution and defense claim is an eyewitness to the incident, finished his testimony after Judge Edelman issued a warrant for his arrest. Prosecutors asked the witness if he remembered testifying in front of a grand jury on Jan. 30, 2019 and he repeatedly answered “I don’t recall.” The prosecution and defense previously discussed discrediting the witness’ testimony.

Prosecutors played extensive audio from a grand jury testimony they claim is the prosecution questioning the witness about the case. The witness repeatedly said the audio “doesn’t sound familiar” and did not identify either voice.

The prosecution asked, “Hearing my voice today you can’t tell that is my voice in the grand jury audio?” The witness was agitated and responded “I have mental health issues, short term memory issues, and a lot of other issues” and continued “Next question, next question…you ask me the same question three times, I’m going to give you the same answer.”

The prosecution continued to interrogate the witness concerning the incident and showed several surveillance videos from Ballou High School, the bus stop in the area near the scene, and DC Metrobus footage but he could not recognize anyone. Prosecutors played grand jury audio in which the witness identified Wheeler as the victim, Gray as the shooter, and himself at the scene where the incident occurred.

During questioning by Gray’s attorney, Dana Page, the witness identified Wheeler on bus video and confirmed there was a fight the day of the incident. Page argued Wheeler pointed out Gray, acted like he had a gun, told Gray if he had a gun he should use it, and then Gray shot Wheeler. The witness answered he was unsure.

Following the witness’ testimony, Judge Edelman categorized the evidence parties had presented into three categories: witness testimony, texts about the incident, and camera footage showing Wheeler near the scene; a text on Wheeler’s phone was presented from someone’s allegedly asking him to retrieve a gun they left outside; and pictures of Wheeler posing with guns.

Gray’s other defense attorney, Hanna Perry, referenced the images of Wheeler with guns and stated that all the circumstantial evidence led to Wheeler’s having a gun and being the aggressor in the incident, insisting Gray acted in self-defense.

Judge Edelman said the images only proved Wheeler had access to firearms but nothing with propensity. The prosecution added that the firearms from the images were all different, adding that just because Wheeler had guns in images, it didn’t mean he had one at the scene.

Judge Edelman also mentioned a school report from Wheeler, which indicated he was caught with ammunition and live rounds at school while also texting friends about this behavior.

The prosecution quickly argued the report was not evidence indicating he had a gun at school, it was speculation since Wheeler was only found with three cartridges.

The defense followed, saying the reason Wheeler wasn’t found with a firearm in possession was that he “got away with it,” as she directed the courts’ attention to text messages between Wheeler and his friends.

The prosecution claimed the text messages were something kids do, bragging.

The trial will reconvene on March 5.