Prosecution Rests in Murder Trial of Rapper, Guard

The prosecution in the Snoop Doggy Dogg murder trial rested its case Monday, wrapping up with a witness who told jurors that he did not see a gun in Philip Woldemariam’s hands before he was fatally shot in 1993 by the rapper’s bodyguard.

Seeking to discredit a defense theory that the shooting was done in self-defense, prosecutors called Barry Willis, 16, to testify that Woldemariam was empty-handed when he approached the rapper’s black Jeep Cherokee after it stopped alongside a Palms park on the evening of Aug. 25, 1993.

Willis, who was playing basketball at Woodbine Park when the shooting occurred, said he watched as Woldemariam stumbled and then ran away from the Jeep, mortally wounded. Again, he said the man appeared unarmed.

But Willis, like several other prosecution witnesses, acknowledged under cross-examination that he was not sure if Woldemariam reached for his waistband moments before he was shot by the rapper’s bodyguard.

It is a key point of contention.

The defense says Woldemariam went for a weapon and may have fired it, because he was upset that the rapper and his friends had just moved into the territory of Woldemariam’s gang, the By Yerself Hustlers. But the prosecution says Woldemariam was executed--shot in the lower left back and buttocks--after he tried to run from a confrontation with the rapper, whose real name is Calvin Broadus, and his bodyguard McKinley Lee.

Willis was one of 24 prosecution witnesses to take the stand since the trial started in mid-November.

The teenager told the jury that he was watching as Woldemariam talked to the men in the Jeep and that he saw him make a hand gesture, as if pointing to something down the street.

Willis said he then looked away because his basketball team scored. When he looked back, he said, “the back window [of the Jeep] came down and an arm came out holding a gun. I heard shots and I hit the ground.”

“Did [Woldemariam] have anything in his right or left hands after you heard the shots?” Deputy Dist. Atty. Bobby Grace asked Willis. “No,” Willis responded.

So far, no witness has testified to seeing Woldemariam with a gun in his hands before or after the shooting. One of the victim’s friends told jurors that he saw Woldemariam reach for his waistband “at the same time” Lee pulled his gun. But he added that he never saw Woldemariam take out a weapon.

Broadus was at the wheel of the Jeep when the shooting occurred. He and Lee have both been charged with murder and conspiracy to commit assault. Broadus has also been charged with accessory after the fact because prosecutors say he tried to hide the Jeep after the shooting. The two men remain free on bail.

According to prosecution witnesses, the trouble started outside the rapper’s apartment, where a group of Broadus’ friends had gathered.

Woldemariam and two of his friends were driving by when someone in the group apparently threw a gang sign at their car, prosecution witnesses said. Angered, Woldemariam told the gathering that they were on the turf of his gang, the By Yerself Hustlers, and yelled “F--- ya’ll,” witnesses said. Then the chase was on.

Several people jumped into Broadus’ Jeep and followed Woldemariam and his friends Jason London and Dushaun Joseph for several blocks. After the Jeep turned onto a side street, the threesome went to eat takeout Mexican food at Woodbine Park and to meet more of their “homies,” Joseph said. Shortly after they sat down, however, the Jeep drove slowly around the park and stopped.

Key witnesses have offered the jury the following accounts of what happened next:

* London testified that Woldemariam walked up to the vehicle with his hands in the air. He told them, “I’m not trying to sweat y’all. I’m just letting you know where you’re at.” Someone in the Jeep yelled, “You ain’t lettin’ us know nothing, punk,” and Woldemariam responded, “Oh, I’m a punk?” Then the front passenger, identified by London as Lee, yelled out, “What?” Then Lee pulled a gun. London said he dove to the ground as shots rang out.

* Joseph, who was standing farther away, told jurors that he watched Woldemariam argue with someone in the back seat. Then he saw Woldemariam stand up quickly, as if he had “seen something,” and reach for his waistband, where he had tucked a gun. He said he then saw Lee pull out his gun and shoot.

* Trevor Wolfe, 18, told jurors that Woldemariam appeared unarmed and was walking away from the rapper’s Jeep when he was shot. She said he was about 18 feet from the vehicle when he was hit.

But there have been inconsistencies in their stories.

London and Joseph acknowledged under lengthy questioning by the defense that they took a gun off Woldemariam as he lay dying in an attempt to improve the chances that the rapper and his bodyguard would be convicted of murder.

Initially, Joseph told jurors that Woldemariam reached for his waistband at the same time Lee went for his gun. He acknowledged, however, that he had testified in his deposition that Woldemariam reached before Lee pulled out his gun. He tried to explain the discrepancy by saying his memory had improved since the incident. He also said that he felt defense attorneys were trying to twist his words.

During Wolfe’s first day on the stand, she testified that she could not see Woldemariam’s waistband when he was standing in front of the Jeep, and was uncertain if he reached for a gun. But on her second day of testimony, she told jurors that in fact she had a clear view of Woldemariam before the shooting occurred. She said her testimony had been inaccurate the day before because she felt intimidated by defense attorney David Kenner.

Willis, meanwhile, told jurors under cross-examination by defense attorney Donald Re that he did not watch Woldemariam the entire time he was standing at the Jeep.

“If you weren’t looking and the guy who was standing at the Jeep had reached for a gun, you wouldn’t be able to see it?” Re asked. “Yes,” Willis responded.

After the prosecution rested its case, the defense asked the judge out of the presence of the jury to acquit the defendants without sending the case to the jury. The attorneys argued that circumstances surrounding the incident justify their claim of self-defense.

Using Willis’ testimony as an example, Kenner told Los Angeles County Superior Court Judge Paul G. Flynn that there is a “void of observation” among the witnesses in the case.

“[Willis] didn’t see whether Phil was going for a gun or not going for a gun,” Kenner said. “This testimony simply establishes a very clear case of self-defense.”

Added Re: “Lee only went for his gun when Woldemariam first went for his gun.”

But Deputy Dist. Atty. Ed Nison told the judge: “This is not the Wild West, where someone who gets off the first shot can turn around and argue self-defense.”

If Woldemariam did display a gun, Nison said it was to send a message that, “Hey, I know you have a gun. I just want you to know I have a gun.”

Flynn is expected to rule on the defense’s request for acquittal this morning.