Carjacking Defendant Deemed Competent, But Motions Delay Trial 

By Lindsay Mutzman [former] , Sonia Vazquez [former] - July 18, 2024
Carjacking | Court | Daily Stories | Suspects |

DC Superior Court Judge Robert Salerno delayed a carjacking defendant’s trial due to multiple outstanding motions but declared him competent during hearings on July 16 and 17. 

Kenneth Phillips, 24, is charged with armed carjacking, aggravated assault knowingly while armed, robbery while armed, burglary two, first-degree theft, unauthorized use of a vehicle during a crime of violence, receiving stolen property of $1,000 or more, and no permit for his alleged involvement in an armed robbery and carjacking on Nov. 15 and 16, 2021 . The incidents occurred on the 2000 block of 4th Street, NE.

According to court documents, on Nov. 15, 2021, Phillips allegedly assaulted an individual as he stole his key ring, which contained keys to two vehicles, a white Nissan and a brown Toyota, before fleeing the scene in the Toyota. 

On Nov. 16, 2021, Phillips was allegedly stopped in the early morning hours in the brown Toyota, after the Metropolitan Police Department (MPD) had broadcasted a lookout for the stolen vehicle. He was allegedly found with the key fob for the white Nissan and a Penn State graduation ring, according to court documents. 

That same morning, according to court documents, the victim’s family member reported to MPD that someone had broken into their house and had stolen multiple items, including a Penn State ring, a television, and four gold chains, among other items.

On July 16, Judge Salerno deemed Phillips competent to stand trial, citing a report received from the Department of Behavioral Health (DBH). 

Jury selection was delayed due to outstanding motions filed by Joseph Yarbough, Phillips’ defense attorney, and the prosecutor.

On June 11, Yarbough filed a motion to sever his charges into three trials, arguing that “the [prosecution] has accused Mr. Phillips in one indictment of committing three separate acts,” therefore, Yarbough said, each incident should receive its own trial. 

However, the prosecution disagreed, stating that the incidents all stemmed from the same victim, and occurred over a few hours. 

Judge Salerno ultimately sided with the prosecution, and denied the defense’s motion to sever. 

Yarbough also filed a motion to suppress statements, physical evidence, and identifications of the suspect, arguing that MPD’s “stop of the vehicle constitutes an unlawful detention” of Phillips because they didn’t have a reasonable suspicion that he had committed a traffic violation. 

According to the motion, filed on June 16, Phillips “requested an attorney multiple times during questioning, but was not provided an attorney.” Yarbough argued that the prosecution should be prohibited from utilizing any statements made by Phillips to the police during said questioning in trial. 

At the hearing, prosecutors called on a detective from MPD that testified he had probable cause to arrest Phillips due to the car matching the lookout that was given by the broadcast, and that Phillips also matched the lookout of the suspect that had assaulted the owner of the vehicle. 

During cross-examination, Yarbough argued that the detective didn’t have any identifiable information against Phillips before arresting him, stating that he didn’t look Phillips up in his system until after he was arrested and placed in a transport vehicle. 

The motion was denied, with Judge Salerno stating the police had lawfully stopped Phillips as there was a lookout for the stolen vehicle. 

The prosecution filed a motion to admit the victim’s 911 call during trial, which was partially granted. Judge Salerno stated they could utilize the call, as long as they redact his “excited utterances.”

On July 17, Phillips waived his right to independent DNA testing of evidence.

The prosecution requested Judge Salerno advise Phillips that if he fails to show up to court during trial, which they claim he has done multiple times due to behavioral issues, the proceedings will continue without him. 

Parties are slated to reconvene July 18.