Judge Denies Requests to Toughen Release Terms for Homicide Suspects

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The prosecution argued for stricter release conditions for two homicide defendants but DC Superior Court Judge Maribeth Raffinan denied the requests on Oct. 9.

Jahi Rapp, 21, and Amarii Fontanelle, 21, are charged with two counts of premeditated first-degree murder while armed, four counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, and aggravated assault knowingly while armed. These charges stem from their alleged involvement in the fatal shooting of 19-year-olds Reginald Cooper Jr. and Davonte Berkley and injury of another individual in an apartment building on the 1300 block of Congress Street, SE on Oct. 17, 2022. 

At the hearing, the prosecution offered a motion for Rapp, who is released on GPS monitoring, to be ordered to be in home confinement. 

Jesse Winograd, Rapp’s defense attorney, argued that since Rapp was fully compliant with his current release conditions and has a stable job working in a warehouse for UPS there is no need to “step down” to home confinement.

The prosecution modified their request, asking Judge Raffinan to order Rapp provide proof of his employment to his case manager and check in by phone weekly. The prosecution also asked for a curfew to be instituted. 

Winograd once again argued against this request saying a curfew was an “unnecessary imposition” given Rapp’s compliance. 

Judge Raffinan denied the request for curfew but modified Rapp’s release conditions to require him to provide proof of employment to his case manager and check in by phone weekly. Rapp was also issued four new stay-away orders, one being from his co-defendant. 

Fontanelle had reportedly violated his home confinement and one of his stay-away orders at the end of September. Both the prosecution and Pretrial Services Agency (PSA) requested for Fontanelle to be removed from the electronic monitoring program but for his release to be revoked. 

Kevin Mosley, Fontanelle’s defense attorney, informed the court that Fontanelle may have been struggling to comply with home confinement because he is staying with his aunt whose boyfriend dislikes him and forces him out of the premises.

Judge Raffinan denied the request to revoke Fontanelle’s release “today” and asked for PSA to provide a more detailed report on how many times Fontanelle left his home and which specific stay-away orders he violated. A status hearing to discuss the report and Fontanelle’s compliance was scheduled for Oct. 17. Fontanelle was also issued a stay-away order from his co-defendant.

All parties are slated to reconvene on Dec. 3.