Two key witnesses testified they did not recognize a defendant as the shooter during a trial for a 2009 homicide before DC Superior Court Judge Todd Edelman on May 28.
Randolph Thomas, 43, is charged with felony murder while armed, assault with intent to kill while armed, assault with a dangerous weapon, first-degree burglary while armed, robbery while armed, and five counts of possession of a firearm during a crime of violence. These charges stem from his alleged involvement in the fatal shooting of 19-year-old Emmanuel Durant Jr. on Dec. 31, 2009, on the 200 block of Webster Street, NE.
The trial continued as the prosecution called family members, former Metropolitan Police Department (MPD) officers, and forensic experts to testify about the home invasion and shooting that left Durant dead nearly 17 years ago.
At the start of the hearing, parties discussed a potential witness with a prior conviction for obstruction of justice. The prosecution argued that if the defense attacked the witness’ character for truthfulness, they should be permitted to reveal he lied to a grand jury reportedly to protect Thomas.
Judge Edelman ruled that the prosecution could respond with this information under the doctrine of curative admissibility to show bias if the witness’ credibility was questioned.
The prosecution resumed its case by calling Durant’s brother to continue his testimony, focusing on the context of his initial statements to investigators. During direct examination, he clarified that when he told detectives in 2009 he would recognize the masked perpetrators, he did not necessarily mean he could do so 17 years later.
Thomas’ attorney Pierce Suen, highlighted the witness’ inability to identify Thomas in court. Suen elaborated that the eyewitness had been asked to look around the courtroom the previous day of trial and did not recognize Thomas as one of the shooters. The eyewitness confirmed he did not see either of the two people who were in the house that night present in the room.
Durant’s sister also testified, describing the “tussle” and “pop noise” she heard from her upstairs bedroom. She said that Durant ran up the stairs and pushed her back, yelling for her to get out of the house because someone was trying to rob them. The prosecution played a recording of her 911 call, where she could be heard screaming for help and stating, “He told me to get my son out of the house.”
In Suen’s cross-examination, Durant’s sister admitted she never actually saw the individuals who committed the robbery or the shooting. She further testified that while Thomas looked familiar when she saw him on a small computer screen during previous online proceedings, seeing him in person left her uncertain. “I’m not sure now,” she said when asked if the defendant was the man she had seen.
A crime scene supervisor from the Department of Forensic Sciences (DFS) testified regarding the evidence collected outside the residence. The prosecution presented evidence of a blood trail leading away from the scene which the supervisor documented from the house to the 200 block of Hawaii Avenue, NE. At the end of the trail, the supervisor said he recovered a pair of blue jeans that were covered in dry, flaky blood and contained a $5 bill.
On cross-examination, the supervisor noted that the scene was quiet when he arrived around 2 a. m. He confirmed to Suen that he did not enter the residence on the night of the incident because the police were still awaiting a search warrant.
A former MPD officer, who was the first to arrive on the scene at 12:45 a. m., testified about finding Durant. He followed the blood trail to an alley behind the 200 block of Webster Street, NE, where he found Durant leaning against a trash can with a gunshot wound.
During cross-examination, Suen used the officer’s 2009 notes to show that a witness had described one suspect as six feet tall with a thin build. The officer noted he could not remember the specific details of the report, asking, “Do you think I would memorize something that I haven’t seen since 2009?”
A second former MPD officer testified about her role in preserving the crime scene and documented descriptions for two suspects. According to the officer’s notes, the first suspect was 5 feet 7 inches tall and 160 pounds with a medium complexion and short hair, wearing slim-fit clothes. The second suspect was 6 feet tall and 160-to-170 pounds with a thin build and was seen with a black handgun.
She was later instructed by detectives to drive family members to the homicide branch without telling them that Durant had died.
Suen pointed out during cross-examination that the officer’s notes identified the first suspect as the one who fired the shot. The report also mentioned the use of a handgun with a red laser. Like the previous officer, she stated she did not have the decades-old report memorized.
A former mobile crime officer from MPD testified regarding the ballistics and physical evidence recovered inside the Durant home after a search warrant was executed. He identified a .40 caliber shell casing found in the kitchen hallway and a bullet strike on the floor near a sofa. He also photographed a round hole in a wall near a mini-fridge and a stuffed Garfield cat where he recovered another bullet.
On cross-examination, the officer admitted to Suen that MPD technicians in 2009 were generally not trained to collect DNA from cartridge casings. Suen highlighted the lack of DNA evidence as the officer confirmed that he used a pen or pencil to scoop evidence into bags rather than more contemporary preservation methods.
Parties are scheduled to reconvene for trial on June 2.
