Commonwealth v. D.W.

Police arrested D.W. for homicide relating to a shooting death near 13th and Olney Ave after two relatives of the decedent identified D.W. One witness told police that she observed D.W. talking to the decedent for 10-15 minutes prior to the shooting and that an argument ensued after she went back inside. She then allegedly heard gunshots, ran outside and chased D.W. into a waiting car which then fled. Another witness claimed he was outside when the shooting happened and saw D.W., who he had known for 20 years, commit the shooting. At trial, the defense utilized video surveillance tapes to contradict both witnesses statements as to where they were and what they could have seen. The defense also called a witness located by defense investigators who described a shooter with a different build than D.W. Additionally, the defense attacked the detectives’ lackluster investigation on cross examination- specifically their failure to investigate a suspect that the defense discovered based on cell phone records of the decedent. A jury deliberated for 2 hours after a week-long jury trial before finding D.W. not guilty of all charges.