Pr. George's Ex-Official Convicted In Shooting
Self-Defense Claim Is Rebuffed by Jury

By Ruben Castaneda
Washington Post Staff Writer
Tuesday, February 26, 2008

A jury yesterday rejected a former Prince George's County homeland security official's claim that he acted in self-defense when he opened fire on two unarmed furniture deliverymen, finding him guilty of involuntary manslaughter and other crimes in the shooting at his home in Accokeek last year.

The outcome was a stunning defeat for Keith A. Washington, a former county police corporal and onetime political ally of County Executive Jack B. Johnson (D). With little conclusive physical evidence, the trial pitted Washington's credibility against that of the surviving deliveryman, who said Washington attacked without provocation.

"It certainly demonstrates that anybody can be held accountable, no matter how high an official they may be," State's Attorney Glenn F. Ivey said at a news conference outside Circuit Court in Upper Marlboro.

Washington, 46, was acquitted of the most serious charges he faced -- second-degree murder and attempted second-degree murder -- but was convicted of two counts of using a handgun in a crime of violence, each of which carries a five-year minimum sentence, and two counts of first-degree assault.

Marilynn Clark, the mother of the man who was killed, told reporters she was gratified by the outcome. "I don't understand all those second-degree, first-degree murder" charges, she said. "I just know my son is dead, so I just look for him to get locked up."

Washington did not react visibly as the jury foreman announced the verdict, which was reached after more than 11 hours of deliberations over two days. As he was led from the courtroom in handcuffs, Washington looked over one shoulder and mouthed, "I love you," to his wife, Stacey, who was seated in the front row. She appeared to mouth, "I love you," back.

Stacey Washington did not respond to reporters' questions as she left the courthouse. Vincent H. Cohen Jr., one of Washington's attorneys, said, "We're disappointed with the verdict."

During the trial, Washington testified that he fired blindly Jan. 24, 2007, as the two much-larger men attacked him while delivering a set of Marlo Furniture bed rails. Robert White, 37, who was severely injured, testified that Washington fired without provocation after angrily ordering the men from his home. Brandon Clark, 22, died nine days after the shooting.

The case has drawn wide attention in part because of past abuse allegations against Washington and in part because of his ties to Johnson. Washington was a driver for Johnson during the 2002 campaign, and Johnson named him deputy director of homeland security two years later. The two are members of the same college fraternity, Omega Psi Phi.

After the shooting, Johnson distanced himself from his former ally. "We are not friends," he said at one point. He also said that he "never promoted" Washington, despite having given him the homeland security position.

After the verdict was announced, John Erzen, a spokesman for Johnson, said: "We don't have any comment. That's been decided by a court and a jury."

During the eight-day trial, Washington testified that he led the deliverymen upstairs to the master bedroom, then turned and saw Clark but not White. When he asked Clark where White was, Clark said, "I got him, Shorty; I got him," Washington testified.

Washington said Clark backhanded him in the chest. Washington said he saw White emerge from his 6-year-old daughter's bedroom -- she was not there -- and became uneasy, telling Clark and White three times to leave before they suddenly started punching him in the head.

Fearing for his life, he said, he pulled out his gun and fired.

White, meanwhile, testified that Washington was combative from the moment the deliverymen arrived. White said Washington became enraged in the master bedroom, where they expected to swap the bed rails for a set that Washington said was defective. When Clark asked why the original set wasn't dismantled, Washington replied, "[Expletive], you telling me what to do in my house?" White testified.

White said Washington pushed Clark three times, prompting White to suggest that he and Clark leave. White testified that Washington said, "I know how to get you the [expletive] out of my house," and then opened fire.

Convictions of Prince George's police officers in state court are rare; Washington's case was unusual because he was off duty. Since taking office in 2002, Ivey has attempted to prosecute five police officers. He has obtained four indictments and two convictions.

Johnson, who preceded Ivey as state's attorney, indicted and prosecuted 11 police officers on charges of excessive force and other types of misconduct during his eight years in office; none of the cases ended in convictions.

Yesterday, the jurors were escorted away from the courtroom. Judge Michael P. Whalen had not decided by the end of the day whether to grant a request from The Washington Post that he release the names of the jurors.

Ivey said he thought that key pieces of the prosecution's evidence included photos of Washington taken on the night of the shooting, which showed no apparent injuries, and testimony from a doctor and a nurse who said he did not appear to have been injured.

Ivey said that a recording of a 911 call made by Stacey Washington, a conversation Keith Washington later joined, also was important. "He didn't tell the dispatcher for a while these were two people bringing furniture into his house," Ivey said. "To me, that's evasive."

In the background of the recording, the anguished moans of Clark and White could be heard. Ivey said he believed that those sounds had "emotional impact" for the jury.

First-degree assault carries a maximum sentence of 25 years in prison, and the maximum sentence for involuntary manslaughter is 10 years. Unlike the gun charges, however, neither carries a mandatory minimum term. Washington is scheduled to be sentenced April 23.

Although the jury heard nothing about it, Washington has been indicted on separate assault charges for allegedly brandishing a gun at a real estate appraiser who said he knocked on Washington's door by mistake. Police Chief Melvin C. High confiscated Washington's police-issued gun and stripped him of his police powers after the April incident, citing a concern for public safety. That trial is scheduled to begin in June.

Washington was granted medical disability from the police force several months ago. Before that, he left his county homeland security post.

The jury did not hear about four instances in which Washington was accused of using excessive force or otherwise abusing his authority as a police officer. Authorities said police conducted internal investigations and did not uphold any of the accusations. Although they could not use it at trial, prosecutors will be able to present information about Washington's background at his sentencing.

Staff writer Rosalind S. Helderman contributed to this report.