A Montgomery County Circuit Court judge will allow the jury to watch a video on Friday of a Silver Spring man describing his attackers to police minutes after he was shot last year.
Julian Dionte Kelly, who died Sept. 4, 2010, from a severe infection related to one of the four gunshot wounds he suffered the night of Aug. 21, 2010, was alert and responsive when Montgomery County Police Officer Brandon McCloud arrived in the 14000 block of Castle Boulevard that night.
The video was allowed into the record after Assistant State’s Attorneys Kathy Knight and Christina Hughes agreed with defense attorneys Barbara Graham and Gwyn Hoerauf that only select portions of the clip will be shown. Debelius viewed the video in open court after dismissing the jury Wednesday.
In the video, taken from a camera mounted on McCloud’s dashboard, McCloud and several other officers can be seen running off-screen to approach Kelly. The officers can be heard asking Kelly to help responding units determine who his attackers were and where they went.
“Where did they go? That way? Over between those cars?” one officer says in the video, reacting to Kelly’s gestures.
Kelly’s voice is low and hard to make out in the clip. He spoke sparingly, but told officers he did not know who attacked him or why. Kelly also told officers it was a group of four or five black men — including at least one light-skinned black man in a white T-shirt — who attacked him.
“There were three at first, then there were more,” Kelly told police in the video. “I was beating up two of them.”
The clip comprises some of Kelly’s final words. Kisha Kelly, Julian’s older sister, took the stand Thursday morning to tell the jury how she had spoken to her brother just after 11 p.m. that night, just an hour before he was shot.
Kisha was on her way home from school in New York to surprise their mother, she said.
"Initially I didn't want to believe it; I didn't go into a panic mode until I talked to my mother and she told me," she said.
Julian was conscious but unable to speak when Kisha was finally able to see him in an area shock trauma center later on the day he was shot. By the next day, Julian had lost consciousness, and on Sept. 3, 2010, his family decided to take him off life support, Kisha told the jury through tears.
“I stayed with him until the very end,” Kisha said. “So I could say goodbye.”
Lt. Edgar Orellana, who was patrolling a nearby apartment complex on Castle Boulevard the night of the shooting, told the jury he saw one of the defendants, 20-year-old Shamire Moore, hanging out in the complex three times just prior to the shooting. Orellana said he knew Moore by sight as a suspicious person, but he had never been able to serve Moore with an order to leave the complex.
“This was pretty common for Mr. Moore; he would see us coming and immediately leave the property,” Orellana said.
Moore, a light-skinned black man, was wearing a white T-shirt and black shorts all three times Orellana saw him Aug. 20, 2010. Orellana last saw Moore leaving the complex with two other black men at about 11:45 p.m., less than a half hour before the shooting after midnight, Aug. 21, 2010.
Moore and co-defendant Charles Baxter, 24, face charges of first-degree murder and robbery. Police believe a third man, 18-year-old Tyshon Lateek Jones, actually shot Kelly, but prosecutors claim Moore started the fight that led to Kelly’s death and both he and Baxter participated in Kelly’s death.
Graham, Moore’s attorney, and Hoerauf, who represents Baxter, said the blame rests with Jones and another youth, 14-year-old Khalil Rasheed Fields, who multiple witnesses said they saw beating Kelly and robbed him of his backpack, selling Kelly’s shoes to a friend for $20 before discarding the backpack.
Jones remains on the loose with a warrant for his arrest while charges were dropped against Fields in county district court on Oct. 21, 2010, according to court documents.