‘You Know Who Was in The Car,’ Prosecution Says in Carjacking, Burglary Trial

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Parties gave closing statements in a carjacking and burglary case in front of DC Superior Court Judge Robert Salerno on July 26.

Kenneth Phillips, 24, is charged with carjacking, aggravated assault knowingly while armed, robbery while armed, burglary second-degree, first-degree theft, unauthorized use of a vehicle during a crime of violence, receiving stolen property, and driving without a license for his alleged involvement in an armed robbery and carjacking on Nov. 15 and 16, 2021. The incidents occurred on the 2000 block of 4th Street, NE.

According to court documents, on Nov. 15, Phillips allegedly assaulted a victim as he stole his key ring, which contained keys to two vehicles, a white Nissan and a brown Toyota, and the keys to the victim’s home, before fleeing the scene in the Toyota.

On Nov. 16, Phillips was stopped in the early morning hours in the brown Toyota, while the Metropolitan Police Department (MPD) officers were canvassing the area looking for the stolen vehicle. According to court documents, he was allegedly found with the key fob for the white Nissan and a Penn State graduation ring.

A crime scene investigator for the Department of Forensic Science (DFS) testified he was responsible for obtaining photos and a buccal swab from the victim. Defense attorney Joseph Yarbough questioned the lack of pictures of the back of the victim’s head, which was inconsistent with the knowledge that he was hit and injured in that area.

The investigator also collected DNA evidence from the brown Toyota. The items collected were a black face mask, a condom with fluid inside, and a phone. According to the witness, latent ridge detail–the unique pattern of fingerprints–was collected from the phone, but not further investigated.

A staff assistant for the DC Department of Motor Vehicles testified that records showed that Phillps did not have a driver’s license at the time of the incident.

One of the MPD officers who processed the victim’s home for DNA evidence testified. Areas where the culprit may have touched were swabbed for evidence but no fingerprints were collected– highlighted during cross-examination.

An MPD detective who also testified about getting the minivan and arresting Phillips. During cross-examination, Yarbough noted the passenger of the stolen vehicle was free to leave without a more thorough investigation. MPD detectives responded that this was due to the passenger not matching description of the “look out.”

The defense called on an MPD sergeant to testify regarding his investigation into a homicide that took place on Nov. 12, 2021. Yarbough said Phillips provided accurate information to the sergeant about the suspect.

Yarbough also noted this suspect was on GPS monitoring and in the vicinity of the carjacking.

The prosecution pointed out during cross-examination that Phillips was arrested and speaking to the sergeant may benefit him in his arrest. The prosecution also pointed out that the sergeant would only discuss the homicide and nothing else, and that Phillips was the one to raise his carjacking case.

The prosecution also mentioned that the sergeant had no connection with Phillips’ carjacking case and had not spoken with the detectives assigned to the case, so it wasn’t possible Phillips providing information in a homicide case would help him in the current prosecution.

In their closing, the prosecutor claimed that the “worst thing happened,” to the victim was that he has assaulted and injured in the incident.

The victim’s description of a black man with a hood and video footage shows Phillips is the culprit, the prosecutor insisted. The prosecution recalled that Phillips was stopped by police seven hours later “in clothing that belonged to” one of the victim’s daughters. Based on the items found on Phillips and the car, the prosecutor argued, the jury can infer that those were recently stolen items and Phillips is guilty.

The prosecution also asserted that a lot of testimony was given regarding the collection of DNA evidence and the “only one person who didn’t give a buccal swab,” while gesturing to Phillips, “ was that man.”

The prosecution finished by telling the jury “to find the defendant guilty” and “reach the only verdict that is consistent with this case.”

However, Yarbough insisted the prosecution “got the wrong man,” and claimed that Phillips is exhausted from having to wait for justice for almost three years.

Yarbough mentioned the presumption of innocence, that the moment the jury laid eyes on Phillips they were “team Phillips” until proven guilty.

Yarbough brought up the prosecution’s lack of evidence., citing limited video surveillance from the area, no follow-up on a potential suspect, no fingerprint processing, and no digital evidence. He claimed that the prosecution “brought you hocus pocus up here” and deemed the circumstances of the emerald ring being discovered after the initial arrest of Phillips as questionable.

Yarbough also mentioned that during the victim’s testimony, he never pointed out or identified Phillips as the assailant in court.

“The evidence and lack of evidence” show Phillips is not guilty, Yarbough told the jury.

“You do not need those fingerprints, you know who was in that car” the prosecutor told the jury, regarding the lack of DNA evidence.

The prosecution also stated that the defense put a bunch of “red herrings” to distract from the evidence that matters.

Parties are slated to return on July 26 for jury instruction and deliberations.