Witness Presents Disputed Testimony in Homicide Trial

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On Jan.25, the defense claimed there were discrepancies in witness testimony in a homicide trial before DC Superior Court Judge Anthony Epstein,

Elhadji Ndiaye, 24, is facing charges of first-degree murder while armed, possession of a firearm during a crime of violence, robbery while armed, tampering with physical evidence, destruction of property, and obstruction of justice. These charges result from his alleged involvement in the fatal shooting of Travis Ruth, 21, on January 19, 2019, on the 2700 block of Jasper Street, NE.

During cross-examination of the witness who made the 911 call about the incident, Ndiaye’s defense attorney, Nikki Lotze, said he initially told the police and the 911 dispatcher that he did not know the victim, despite their being friends and being together on the day of the incident.

To reinforce her argument, Lotze played the 911 call for the jury, where the witness purportedly said, “Somebody just shot a man,” and added, “I am not trying to go near the person, just come.”

Lotze also presented police video in which the witness allegedly says he did not know the victim. She also said the witness claimed to have the victim’s phone, to which he responded, “I had two phones that day, an android and an iPhone. I never had his phone.”

Lotze said the witness previously told the victim’s family he had his phone, but then admitted to lying to the family.

Then, Lotze read a transcript of the police interview with the witness where he stated, “There is no type of justice.”

Lotze contended the witness made the statement only after the police had threatened to charge him with murder, suggesting he wanted to avoid prosecution.

Next, prosecutors called the deputy medical examiner from the DC Office of the Chief Medical Examiner (OCME), who performed the Ruth’s autopsy and showed images of gunshot wounds to his head, neck, thigh, and hand.

Prosecutors then called an individual who was friends with Ndiaye and Ruth, but had a closer relationship with Ruth.

“He was a people person,” said the witness, as he described Ruth.

The prosecution cited responses from prior grand jury transcript and police interview where the witness stated the defendant shot Ruth in response to his calling Ndiaye by his official name instead of his preferred, Boosie, provoking anger.

Due to time constraints, the witness was unable to finish his testimony.

Parties are slated to return Jan. 29.

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