DC Superior Court Judge Michael Ryan denied the release of a double-homicide defendant on Aug. 13, in part because of he avoidd a bench warrant for five months when he was last on release.
Amarii Fontanelle, 23, is charged with two counts of premeditated first-degree murder while armed, assault with intent to kill while armed, aggravated assault knowingly while armed, and four counts of possession of a firearm during a crime of violence while armed. The charges stem from his alleged involvement in the fatal shooting of 19-year-old Davonte Berkley and 19-year-old Reginald Cooper Jr., on Oct. 17, 2022 on the 1300 block of Congress Street, SE.
Fontanelle’s co-defendant, 23-year-old Jahi Rapp, faces the same charges for his alleged involvement in the same incident, but is currently on release.
At a hearing on July 31, Judge Ryan pushed back the co-defendants trial from Sept. 3 to Feb. 1, 2027, due to the unavailability of the medical examiner. She was set to testify about the autopsies she performed on both victims. Fontanelle and Rapp’s trial had already been delayed prior so the prosecution could complete more DNA testing.
Because of the delay, Fontanelle’s attorney, Kevin Mosley, filed a motion asking for Fontanelle to be released from the DC Jail.
Mosley said Fontanelle has already been at the jail for 17 months for this case. “Any time spent at the DC Jail, in my view, is a large [amount of] time,” Mosley said.
Mosley, alongside a representative from the DC Public Defender Service Office of Rehabilitation and Development, argued that Fontanelle would succeed if he was released into the community because of his growth in jail.
According to Mosley, Fontanelle has taken advantage of the services provided in jail, through various programs, earning his GED, and taking college courses.
“He’s not the same young man who was arrested years ago,” Mosley said.
Mosley also detailed Fontanelle’s traumatic childhood, including when he witnessed his mother’s murder, and well as the efforts Fontanelle has recently undertaken to improve his mental health.
The prosecution opposed Fontanelle’s release due to his non-compliance during a prior release period for this case.
During Fontanelle’s release, from August 2024 to June 2025, he cut off his ankle monitor and was completely non-compliant with his release conditions, according to court officials.
A bench warrant for his arrest was issued in January 2025. According to Mosley, Fontanelle was “on the run,” and out of communication with his attorneys and the Court Services and Offender Supervision Agency (CSOSA) for five months.
The prosecution argued no set of release conditions would ensure both community safety and Fontanelle’s return to court.
The prosecution also read a letter from one of the victim’s mothers. She was present virtually at the hearing, but, according to the prosecution, didn’t think she would be able to make the statement herself.
“We’ve already suffered and are still suffering,” the mother wrote on behalf of her family.
The mother asked that Fontanelle stay at the DC Jail due to his past violations, and the fear his release would instill in her family.
Judge Ryan commended Fontanelle’s success in jail chronicled by the defense, but ultimately agreed with the prosecution.
After the bench warrant was issued, in the five months Fontanelle evaded arrest, Judge Ryan also noted that the court could not know his actions and whether he was a danger to the community then.
The judge said the allegations in the case are serious and the evidence against Fontanelle is strong. He said it was problematic that Fontanelle was released unde strict conditions, yet was completely non-compliant.
Parties are set to reconvene on Jan. 8, 2027, for a trial readiness hearing.
