Commonwealth v. D.W.

A man claimed that he was in a parking lot in Fairmount Park at 1AM when D.W. got out of his car and displayed a gun to him. The “victim” then allegedly drove away and D.W, followed in pursuit. The “victim” then stopped the car and D.W. allegedly produced the same gun and pointed at the victim’s head. After driving away, the victim got behind him and called police on his cell phone, giving a description of D.W.’s car. Police ultimately stopped the car and arrested D.W. in the passenger seat as well as his girlfriend, who was driving. In the trunk of the car was a gun that matched the description of the gun given by the victim. At a preliminary hearing, the victim’s version of events was attacked by the defense on cross examination. Ultimately, the judge appeared convinced by the defense’s argument that the victim was preparing to rob D.W. and his girlfriend (in addition to an incredible version of events, the victim was on probation for robbery). Without a credible eyewitness, the Commonwealth was unable to prove that D.W. possessed the gun that was found in the trunk by police to make this a firearm offense in Philadelphia.