A D.C. Superior Court jury on Sept. 24 found a D.C. man guilty of aggravated assault while armed and four additional gun related charges for the Nov. 29, 2023, shooting of a female transgender sex worker in a Northeast Washington apartment building.

Following a four-week trial, the jury found Jerry Tyree, 46, guilty of one count of aggravated assault while armed, one count of possession of a firearm during a crime of violence, two counts of felony possession of a firearm, and one count of attempted possession of liquid PCP.

The jury found him not guilty of a single count of attempted unlawful possession of a controlled substance.

Superior Court Judge Errol Arthur scheduled a sentencing hearing for Dec. 13, 2024. Under the D.C. criminal code, Tyree faces a possible maximum sentence of 10 to 30 years in prison.

Testimony by key prosecution witnesses, including D.C. police investigators and Kayla Fowler, the victim in the case, Tyree and Fowler first met at the intersection of Eastern Ave., N.E., and Foote St., N.E., shortly before 2:00 p.m. on Nov. 29, 2023. Witnesses pointed out that the area is well known as a gathering place for female transgender sex workers.

“After negotiating a price for oral sex, the defendant and the victim walked together into a nearby apartment building, where the victim performed oral sex on the defendant,” according to a statement released after the verdict by the Office of the U.S. Attorney for D.C.  

“The defendant then accused the victim of robbing him, and when she denied doing so, the defendant pulled out a small silver handgun and shot the victim directly in the penis before leaving the scene,” the statement says. “Police were called by a neighbor and the victim was transported to the hospital, where she underwent multiple surgeries,” it says.

Evidence presented by police and the two lead prosecutors in the case, Assistant U.S. Attorneys Anthony Cocuzza and Daniel Bromwich, showed that on Dec. 30, 2023, a month after the shooting, police arrested Tyree after finding him in possession of a gun that was found to be the same small silver handgun that was used to shoot Fowler.

Police witnesses testified that at the time Tyree was arrested for possession of the handgun at a location less than a mile from where he allegedly shot Fowler on a staircase in the apartment building at 5920 Foote St., N.E., he was also found to be in possession of several glass vials, including one partially filled with suspected PCP.  

Police and the two lead prosecutors presented ballistic and DNA evidence at the trial obtained by investigators that they argued proved “beyond a reasonable doubt” that Tyree used the gun in question to shoot Fowler at the apartment building following his claim that she stole money from his pants pocket while performing oral sex on him.

When questioned by his lead attorney, Sara Kopecki, Tyree testified at the trial that it was Fowler who had the gun and pulled it out after he accused her of stealing about $80 in cash from his pants pocket. Tyree told the jury, in response to questions from Kopecki, that he became alarmed and shocked when he saw Fowler pull out the gun, and he attempted to grab the gun from her, which led to a struggle during which the gun fired, and Fowler was struck by a single bullet.

Tyree testified that following the struggle and the firing of the gun, and after witnessing Fowler screaming in pain after being shot, he took the gun that he said had fallen on the floor, and left the apartment building out of fear that if he left the gun with Fowler, she might chase after him and shoot him.

Under questioning from prosecutors, Tyree acknowledged that he kept the gun for a full month until the time police found him to be in possession of it and that he never called police or dialed 911 for an ambulance to help Fowler after she was shot.

Defense attorney Kopecki argued before the jury that police and prosecutors were falsely claiming that Tylee owned the gun based, in part, by his past criminal record of being arrested on gun related charges.

At one point during questioning from one of the prosecutors, who asked Tyree if he knew that Fowler was a transwoman, he replied, “I’m not a homosexual. I don’t mess with men.”

Under questioning from his own attorney, Kopecki, Tyree began crying uncontrollably when asked about his past interaction with police. He told of being mistreated by police in the past and suggested that was why he did not call police immediately after the shooting on Nov. 29, 2923.

“You don’t trust the police?” Kopecki asked. “No,” he replied.

Cocuzza and Bromwich argued that Tyree has a past arrest record with prior gun related charges and that the evidence in this case proved beyond a reasonable doubt that Tyree chose not to call police because he intentionally shot Fowler after falsely accusing her of stealing money from him.

The prosecutors also pointed to Fowler’s testimony that the dispute between her and Tyree appeared to have started when she requested that he wear a condom when she performed oral sex on him. She testified that during oral sex Tyree backed away from her, removed the condom, and masturbated until he ejaculated on the staircase landing where they had their sexual encounter.

Police testimony at the trial showed that investigators obtained a sample of Tylee’s semen from the scene of the shooting and used DNC testing to link the semen to him.

The jury handed down its verdict after Arthur had twice instructed them that they should not render a verdict of guilt unless they believe prosecutors have proved their case against Tyree beyond a reasonable doubt.

In a phone interview Tuesday evening several hours after the jury handed down its guilty verdict, Fowler told the Washington Blade she did not attend the trial following her testimony under court rules that don’t allow witnesses to attend a trial in which they testify. She said she learned about the verdict from the U.S. Attorney’s Office.

“I was relieved, for one thing, and kind of happy that justice was served,” she said. She said she was living in the area near where the shooting took place at the time it happened, but she has since moved to Baltimore.

“I left the area because it was harsh for me to live in the area after what happened to me. I was scared for my life.” She added, “I had to undergo two major surgeries. I had to wear a colostomy bag for three and a half months to let me urinate.”

At this time, she said, she has mostly fully healed. Asked what message she may have for the community, including the LGBTQ community, she said, “I would like them to be aware of their surroundings. Don’t’ trust everyone. Just be yourself and just be careful about what others may do to you because of the life we live.”