Case Acquitted: ‘You’re Aware You’re Under Oath, Right?’ Defense Asks Murder witness

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Tierra Posey was acquitted of all charges on March 20, 2024.

On March 13, eyewitness testimony from the victim’s sister continued in DC Superior Court Judge Marisa Demeo’s courtroom in the case of a fatal shooting caught on video surveillance footage.

Tierra Posey, 24, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business for her alleged involvement in the fatal shooting of 21-year-old Tia Carey on Jan. 6, 2020, at a gas station on the 3700 block of Minnesota Avenue, NE. 

According to court documents, a physical altercation allegedly occurred between Posey and Carey at a gas station. The altercation escalated into a shooting, in which Posey allegedly produced a firearm and fired two shots. Carey was severely injured and, despite quick medical intervention, succumbed to her injuries. 

Posey’s defense attorney, Kevann Gardner began his cross-examination of Carey’s sister by pointing out the witness’ previous testimony contradicted statements she made to a detective on the day of the incident. 

In the police interview, the witness claimed that Posey had threatened Carey with physical violence and instigated the fight. The witness also claimed that she had tried to stop the fight, which contradicted video of the incident that showed her attempting to hit Posey and egging Carey on.

“You encouraged your sister to attack Posey,” Gardner said. “You told your sister to ‘Crush her!’ seven times! Even though she did nothing to you.” 

“I just witnessed my sister on the ground, killed,” the witness said, in reference to her statements to the police. “A lot was going on.” 

She then went on to admit she “may have assumed” some of Posey’s actions in her statements to detectives.

Gardner then asked if the witness remembered striking Posey after the incident. Despite initial denial, the witness changed her answer after Gardner played video surveillance footage from moments after the shooting, which showed two individuals, identified as the witness and Posey, in an altercation in the front seat of the vehicle.

When asked again if she had struck Posey, the witness exclaimed, “Yes, because I was upset! She was trying to get away.”

Further, Gardner asked if she was aware of Carey’s previous arrests. He stated that Carey had previously been arrested twice for allegedly assaulting the father of her children, and once for allegedly assaulting her mother. 

The witness denied knowledge of these incidents, to the defense attorney’s disbelief.

“You’re aware you’re under oath, right?” Gardner asked. The witness maintained she had no recollection of Carey’s arrests.

On the prosecution’s redirect, the witness spoke about her emotional state now four years after her sister’s death. 

“It’s still fresh,” she said. “And going through all of this has made it even fresher.”

Parties are slated to reconvene March 14.

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