Long v. United States

687 A.2d 1331, 1996 D.C. App. LEXIS 234, 1996 WL 626249
CourtDistrict of Columbia Court of Appeals
DecidedOctober 28, 1996
Docket94-CF-699
StatusPublished
Cited by16 cases

This text of 687 A.2d 1331 (Long v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Long v. United States, 687 A.2d 1331, 1996 D.C. App. LEXIS 234, 1996 WL 626249 (D.C. 1996).

Opinions

FERREN, Associate Judge:

A jury found appellant, Damian Long, guilty of assault with intent to rob three victims while armed, D.C.Code §§ 22-601 & -3202 (1996 Repl.), on September 8, 1992, at about 10:30 p.m., at 12th and Orren Streets, N.E. He also was found guilty of attempted robbery while armed, id. §§ 22-2902, -3202, and felony murder while armed, id. §§ 22-2401, -3202, of another victim several minutes later on Trinidad Avenue, N.E., a block away from the first crime.1

Long cites four grounds for appeal. First, he contends the police conducted an unduly suggestive pretrial identification procedure for the Orren Street victims, creating a substantial likelihood of misidentifying Long as the assailant — and thus tainting irreparably the victims’ subsequent in-court identifications of Long as the armed man who assaulted them. Second, he says the trial court erroneously joined the Orren Street and Trinidad Avenue offenses for trial and then abused its discretion in denying the defense motion for severance. Third, Long argues that the prosecution failed to present sufficient evidence at trial to support the jury’s findings, implicit in the verdict, that (1) Long had been attempting to rob all three of the Orren Street victims when he pointed a pistol at them, and that (2) several minutes later on the same evening, Long had been attempting to rob the murder victim on Trinidad Avenue — the felony underlying his murder conviction. Finally, he maintains the Trinidad Avenue attempted robbery merged with the felony murder conviction. We affirm in part, reverse in part, and remand for reconsideration of Long’s severance motion.

I.

The prosecution presented at trial a series of witnesses who testified that the following events occurred on September 8, 1992. Sometime around 6:30 to 6:00 p.m., appellant Long left the apartment of Seholethia Monk, located at Holbrook Terrace, N.E., where he had been spending time with Ms. Monk, her brother (David), and Kimberly Bridgeford. Long was dressed in a black suede jacket with fringe, a black shirt, black jeans, black boots, and a black silk-stocking skull cap. The Holbrook Terrace apartment was only a few blocks from the area where the Orren Street and Trinidad Avenue incidents at issue here took place.

Several hours later, at about 10:30 p.m., a man dressed in a black fringed jacket, black pants, and black shoes — later identified as [1334]*1334Damian Long — approached the three Orren Street victims, Sabrina Fox, Carla Davis, and Guy Foster, who were standing in the street on the driver’s side of the car that was parked against the curb in front of Fox’s home. They were attempting to open the door and window of the car with a coat hanger because they had inadvertently locked the keys inside. Long crossed over to them from the opposite side of the street, pointed a revolver at them, and said something to the two women that sounded like “get the fuck out of here.” He then pressed the pistol against Foster’s head and demanded his money. When Foster protested that he had none, Long put his hand in Foster’s pants pockets and satisfied himself that this was true. Long then ordered Foster to crawl under the car, and Long walked away in the direction of Trinidad Avenue.

Fox and Davis had fled in the same direction. They feared that their assailant was following them, so they hid in an alleyway a few blocks away from where the car was parked. Fox and Davis then heard gunshots and unsuccessfully tried to flag down a passing police cruiser. They hailed a taxi and went to a nearby police precinct where they told their story and gave a description of the perpetrator.

In the meantime, Fox’s mother, Penelope Boyd-Fox, who had witnessed the assault on the three from the porch of her home on Orren Street, had immediately telephoned “911” for help. While she was still on the phone to the police department emergency number, she heard gunshots nearby. At about the same time, Foster came out from under the car and fled to his home on Orren Street. He telephoned the police to report the crime. While on the phone with the police, he heard gunshots and reported that as well.

Deborah Alford, a neighbor of Louis Johnson from Trinidad Avenue, was sitting on her front porch with several family members at approximately 10:30 p.m. the same night. A few minutes earlier, she had seen Johnson park his Suzuki sports vehicle on the street and enter his home several doors away. Apparently returning home from work, Johnson had been wearing his Army uniform. Shortly thereafter, Alford saw Johnson walking from his home, dressed in his bathrobe, and returning to his Suzuki. At this moment, Alford saw a man dressed in a black jacket (“I didn’t know it had suede fringes on it”), black pants, and a black skull cap walking in Trinidad Street alongside the parked cars. Alford saw the man in black, after he had passed by Johnson, take out a pistol from his jacket and turn back toward Johnson as Johnson put the keys into the car’s doorlock. Alford next saw the man in black and her neighbor “tussling.” Frightened by the sight of the pistol, she and the others fled into their home. A few seconds later, Alford heard a series of gunshots. Johnson was later pronounced dead of gunshot wounds.

Kimberly Bridgeford testified that at around 5:00 p.m. on September 8, 1992, she and her boyfriend, David Monk, had gone with Damian Long to David’s sister’s, Scho-lethia Monk’s, apartment on Holbrook Terrace. After awhile, Long left the apartment and, shortly thereafter, Bridgeford and David Monk left to go the store. On the way to the store, Bridgeford heard gunshots, saw an ambulance, and walked by the Trinidad Avenue murder scene where she saw Johnson lying on the street with blood all over him. Bridgeford and David Monk then returned to the Holbrook Terrace apartment and found Long on the front porch. Long told Bridgeford that he had “shot a man on Trinidad Avenue because the man tried to rob him with a knife.”

Seholethia Monk testified that Long returned later to her Holbrook Terrace apartment on September 8, 1992 “panicking and sweating.” Long had told Monk that “two dudes” had tried to rob him on Trinidad Avenue and that he had just shot one of them. There was blood on Long’s face, he no longer wore a skull cap, and he was carrying a pistol. Long put the gun under a couch. Monk told Long to get his pistol out of her apartment. He then wrapped it in a plastic bag and took it outside. Ten days [1335]*1335later, the police recovered a gun from under the seat of the car where Long’s close friend, Monk’s brother, had been sitting just before they found the gun. A ballistics expert was “positive” that a bullet recovered from the scene of the murder on Trinidad Avenue had been fired by that pistol.

Homicide detective Willie Toland investigated the Trinidad Avenue case. When he arrived at the scene, he noticed a black skull cap seven feet from the place where Johnson had been shot, and Johnson’s keys were still in the Suzuki’s passenger door lock. As Toland investigated the crime scene, Foster arrived and informed Toland of what had happened earlier on Orren Street. Toland spoke with Davis and Fox later the same night and a few days later conducted a video lineup in which they identified Long as their attacker.

II.

Long first argues that an impermissibly suggestive out-of-court identification procedure violated his right to due process. Manson v.

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Bluebook (online)
687 A.2d 1331, 1996 D.C. App. LEXIS 234, 1996 WL 626249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-united-states-dc-1996.