Appeals from the Superior Court of the District of Columbia; (Hon. Steffen W. Graae, Trial Judge)
Before Rogers, Chief Judge, Ferren, Associate Judge, and Belson, Senior Judge.*
The opinion of the court was delivered by: Belson
BELSON, Senior Judge: A jury found appellant Willie E. Luchie guilty of one count of second-degree murder while armed, D.C. Code §§ 22-2403, -3202 (1989). Luchie contends (1) that he was prejudiced by his trial counsel's ineffectiveness; (2) that the trial court abused its discretion in allowing the government to impeach Luchie with other crimes evidence; and (3) that he was denied his Sixth Amendment right to a speedy trial. Having evaluated Luchie's first two arguments in the context of the overwhelming evidence against him, we conclude that he has failed to establish that he was prejudiced by his counsel's shortcomings and that if evidence of other bad acts was erroneously admitted any such error was harmless. As we also reject Luchie's speedy trial argument, we affirm. *fn1
We will recount the evidence in some detail because it is the strength of the government's case that defeats Luchie's principal arguments. In commencing to do so, we call attention to the dilemma in which Luchie necessarily found himself in defending against the charge of second-degree murder while armed. If he did not take the stand in his own defense, the government's virtually unrebutted case would be almost certain to prevail. If he did take the stand, he would be met with the highly incriminating statement that he made to the police shortly after the killing.
At approximately 4:00 a.m. on November 6, 1986, appellant Willie E. Luchie returned home to an apartment occupied by his common-law wife Dorothy Williamson, her four sons, and her brother Melvin Davis. Williamson testified that after she heard Luchie knock and shake the door, she ran from the bedroom and opened the door for him. Once inside the apartment, Luchie began an argument with Williamson which continued in their bedroom for approximately fifteen minutes. Although Williamson smelled alcohol on Luchie, she could understand him and noted that he had no trouble walking. Luchie then left the bedroom and went into the kitchen to get something to eat. Luchie returned to the bedroom and told Williamson that there was not enough food. Williamson accompanied Luchie back into the kitchen to show him the food she had left for him. The argument between Luchie and Williamson escalated. Luchie left the kitchen, went into the bedroom, and returned to the kitchen with one-half of a broomstick.
Nathaniel Williamson, Williamson's nineteen-year-old son, was asleep on the living room couch and eventually was awakened by the noisy argument. Nathaniel went into the kitchen when Luchie threatened to hit Williamson with the broomstick. According to Williamson, Nathaniel told Luchie "you're not going to hit my mother with that stick," and pushed Williamson out of the kitchen to stop the argument between his mother and Luchie.
Luchie and Nathaniel then began arguing. Luchie displayed a pocket knife and swung the blade toward the neck of the unarmed Nathaniel. Nathaniel jumped back. Luchie then left the kitchen, went into the bedroom, and closed the bedroom door, yet continued to argue with Nathaniel. Williamson tried to get her brother, Melvin Davis, up off the couch in the living room to intervene between Nathaniel and Luchie, while the argument between Luchie and Nathaniel went on for several minutes. While Williamson had her back to the bedroom door for a second, she heard a shot fire. She turned around, saw Nathaniel lying in the middle of the hall with a gunshot wound to his head, and Luchie holding a sawed-off shotgun with which she had previously seen him on thirty to forty occasions. She never saw a weapon in her son's hand at any time during the altercation.
Williamson's brother, Melvin Davis, was also awakened by the argument that broke out after Luchie's 4:00 a.m. arrival. *fn2 Davis testified that he eventually got up and knelt on the living room couch where he had been sleeping. He saw Luchie go into the bedroom, and was talking to his sister when Luchie came out with the gun. As Luchie and Nathaniel stood two or three feet apart in the hallway, Nathaniel said "get the gun out of my face, man." Luchie was not "aiming" the gun at Nathaniel, but had it pointed at him. Nathaniel had no weapon in his hand. All of a sudden the gun went off. After Luchie shot his nephew, Davis grabbed a butcher knife to attack Luchie, but decided not to, he said, and threw it down near where his nephew had fallen.
Several other witnesses testified for the government. Most significant was the testimony of Silvia Comparini, a deputy medical examiner with the Office of the Chief Medical Examiner for the District of Columbia. Dr. Comparini testified as an expert in the fields of forensic pathology, toxicology, and the effect of drugs on human behavior. It was she who had performed the autopsy on decedent. She testified that the physical evidence led her to opine that the tip of the muzzle of the shotgun was three to four feet from decedent's face when the gun was fired, and that decedent's forearms and hands were not in the vicinity of the muzzle of the gun when it was fired.
Testifying in his own behalf, Luchie stated at trial that he returned home on November 6, 1986, at approximately 4:00 a.m., and that although he had consumed three half-pints of rum, he did not think that he was drunk. *fn3 Luchie stated that as Williamson heated what was left of his dinner for him, he raised his voice at her for not keeping the food where her sons could not eat it. According to Luchie, Nathaniel entered the kitchen for a drink of water and told Luchie not to argue with Nathaniel's mother. Nathaniel then grinned at Luchie and pulled a knife out of the drawer, at which time Luchie took his food into the bedroom.
Luchie then stated that while inside the bedroom, he took the shotgun out of the closet and loaded it with one shell. Luchie knew that the shotgun did not have a safety, trigger guard, or stock. Luchie stated that when he stepped out of the bedroom Nathaniel was facing him. He acknowledged that when he came out of the bedroom he did not see any weapon in Nathaniel's hands. He took two steps backwards to get away from Nathaniel, and then the gun went off. He thought something had hit the gun.
In addition to three character witnesses, the defense also called Officer Joseph Masson, Jr., a technician assigned to the Metropolitan Police Department's firearms examination section. Masson qualified as an expert in firearm identification and operation. He testified that the weapon will not fire unless the trigger is moved to the rear, and that five pounds of pressure must be applied to the trigger to make the weapon discharge. He also opined that the muzzle of the firearm had to have been three feet from the decedent's head in order for it to cause a wound of the size suffered by decedent.
Following sentencing, Luchie filed a motion under D.C. Code § 23-110 (1989), through newly appointed counsel, in which he alleged that he had received ineffective assistance of counsel. After an evidentiary hearing, the trial Judge took the matter under advisement and subsequently issued a memorandum order in which he concluded that Luchie had demonstrated his trial counsel's ineffective representation, ...