Defense: Investigators lack evidence to link gun to defendant DJ Tosiuo

Defendant DJ Tosiuo watched as the man who body slammed him to the ground in this June 22 car crash in Dededo testified on the witness stand.

“What were you thinking? What was your concern at that point,” asked Chief Prosecutor Gloria Rudolph.

“I am still a bit irritated by the fact that you almost hit me and my son and you put our life in danger,” said Patrick Uncangco.

Uncangco is the prosecution’s witness and he recalled the day he saw Tosiuo speeding down Macheche Avenue, nearly hitting him and others.

“He hit the pole. The car flipped and I think the right tire flew off,” said Uncangco. “It’s a good thing he hit the pole and not the people because there were people in front of the house that were sitting in front of their house. They actually had the wood and they gave me the wood and I proceeded to break the window.”

Uncangco recounted to the jury how Tosiuo then tried to escape.

“He was running so I just put my hand around his waist, picked him up, took him down, and I put a rear naked choke behind him and I applied it very softly so he can still breathe,” he said. 

Tosiuo is facing charges of possession of a firearm without a firearms ID card, possession of an unregistered firearm, unauthorized use of a motor vehicle, and operating a motor vehicle without a valid driver’s license.

“His [Patrick’s] life was threatened by the way that this person was driving on the road,” said Rudolph. 

Rudolph asked the jury to find the defendant guilty, even showing an image of the gun police found in the stolen car Tosiuo was driving.

“DJ himself said that he was driving alone. He said he was doing so because he was afraid that he was being chased by undercover cops,” said Rudolph. 

But Defense Attorney Tyler Scott called the case ridiculous and a mess.

“They sent this gun to the lab and it’s really not a gun in any real sense. They tested it. It’s inoperable, a broken piece of metal. A shadow of what it once was,” said Scott. 

Defense told the jury police never dusted it for prints, adding there is zero evidence to link Tosiuo to the gun. 

“He’s the one who got hurt here. It’s not the other way around and this case is outrageous,” Scott added. 

During his opening statement, Attorney Scott asked the jury to find Tosiuo not guilty.

Trial is ongoing before Presiding Judge Alberto Lamorena.