Judge denies defense request to suppress evidence in non-fatal shooting case

By Ben Dickson and Emily Reed – July 2, 2024
Court | Daily Stories | Non-fatal Shooting | Shooting | Suspects | Victims |

District of Columbia Superior Court Judge Errol Arthur ruled against two motions to suppress evidence during a July 1 hearing in a shooting that injured a sex worker.

Jerry Tyree, 46, is charged with assault with a dangerous weapon, possession of a firearm during a violent crime, unlawful possession of liquid phencyclidine (PCP), attempted unlawful possession of liquid PCP and two counts of unlawful possession of a firearm. The charges stem from his alleged involvement in a non-fatal shooting that occurred on Nov. 29, 2023, in the 5900 block of Foote Street, NE.

According to court documents, Tyree was smoking a PCP cigarette while engaging in sexual acts with the victim when he accused her of stealing his money. Tyree allegedly shot her in the groin and then fled the area on foot.

The first motion to suppress evidence concerned testimony from a Metropolitan Police Department (MPD) officer regarding Tyree's arrest and the seizure of his alleged firearm.

DC Witness previously reported that an officer spotted Tyree leaning in front of him while he was patrolling the 5200 block of Sheriff Road, NE. The officer said his “spider” senses led him to make contact.

Tyree took off running. After handcuffing Tyree, officers allegedly recovered a handgun and suspected phencyclidine (PCP) from him.

The area the officers were patrolling was considered a high-crime area by the MPD. Judge Arthur said that statistic, combined with Tyree's demeanor when he saw the officers, gave them reasonable and explainable suspicion to stop him and a legal basis to search him.

The second motion concerned a series of nine photos and the reliability of the victim's identification of Tyree.

Judge Arthur found that the victim had correctly identified Tyree. “He looks exactly like him,” Judge Arthur said.

Both motions to suppress the evidence were denied.

The parties are expected to return on July 18 to begin the trial, but it could be set for July 22 due to scheduling conflicts for Tyree's defense attorney, Sara Kopecki.

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