Commonwealth v. D.W.; September 2009

Commonwealth v. D.W.; September 2009

Outcome: Not guilty of gunpoint robbery following a jury trial. D.W. was facing a mandatory minimum of 5-10 years of state incarceration and likely would have received a greater sentence. He received no penalty following his acquittal on all charges.

Description: A white male was jogging in the park when he was accosted by two young black males. One defendant had a firearm and they proceeded to rob the victim. The victim immediately reported the crime to police and provided a description of the perpetrators. D.W. was arrested with the co-defendant near the scene of the crime and identified as one of the perpetrators. The other male arrested had proceeds from the crime on him at the time of his arrest. Mr. Fishman successfully cross-examined the victim as to his ability to truly observe D.W. while the other male had a gun pointed at him. Mr. Fishman created reasonable doubt by calling into question the cross-racial identification of D.W. and the jury found him “not guilty” of all charges.