DC Superior Court Robert Hildum found probable cause a defendant was involved in a carjacking and robbery after his co-defendant waived his preliminary hearing on Nov. 6.
Anthony Taylor, 18, and Laurence Cotton-Powell, 19, are each charged with three counts of robbery, three counts of assault with intent to commit robbery, and one count of attempted carjacking for their alleged involvement in two separate incidents that occurred on Aug. 3.
The first was a robbery that occurred at 2:50 a. m. at the Sunoco gas station on the 1400 block of U Street, NW. The second was an unarmed carjacking that occurred at 3 a. m. at the 1400 block of Swann Street, NW.
During the hearing, Cotton-Powell’s attorney, David Akulian, alerted the court that his client waived his right to a preliminary hearing. Judge Hildum accepted the waiver and excused Cotton-Powell’s presence for the remainder of the hearing.
Taylor’s attorney, Kevann Gardner, alerted the court that Taylor would be proceeding with his hearing.
The prosecutor called the Metropolitan Police Department (MPD) detective who wrote the arrest warrant to testify. He presented a series of surveillance videos and Google Map photos the detective gathered during his investigation.
The first clip showed a group of 10-to-15 individuals. According to the detective, Taylor and Cotton-Powell identified themselves in the video. This group approached a smaller group of individuals who were smoking near a Sunoco gas sign. The detective said witnesses told him the larger group demanded items from the smaller group, saying, “Come here, give me everything,” and assaulted them.
During the assault, the footage showed one individual who was knocked to the ground. When the person tried to stand back up, an individual alleged to be Cotton-Powell stomped on the victim’s head, knocking the individual down.
Several in the courtroom gasped at seeing the violence.
The video subsequently showed suspects stealing the victim’s watch and one shoe during this assault. The detective testified that the victim had to go to the hospital for stitches on his lip.
After the altercation near the Sunoco gas station, other footage showed the large group of individuals walking towards Swann Street, NW.
According to the detective, the group approached two individuals, demanded their keys, and said “give me your car, give me your keys.” The detective testified that Taylor threw the first punch towards one of the individuals, knocking them to the ground. Taylor then allegedly punched and kicked the individual while they were on the ground, said the detective.
The detective then described a third incident the defendants were not currently charged with that happened around 6 a. m. on Aug. 3. According to the detective, the group assaulted another individual, robbed them of their watch, phone, and Jordans’ tennis shoes. The detective said the stolen Jordans were allegedly found in Taylor’s backpack.
The detective said MPD stopped the group and arrested Cotton-Powell and Taylor shortly after the third incident.
The detective added that MPD officers also retrieved the shoes Taylor wore on the night of the incidents with what seemed to be dried blood. Although the blood was not tested for DNA, Taylor did not receive any injuries from the night of the altercation, according to the detective.
During cross-examination, Gardner first focused on the larger group Taylor was a part of said to consist of African Americans and Hispanics from 15- to- 18 years old. As opposed to the smaller group of all white, adult males who were coming from a bar, according to Gardner.
According to the detective, Taylor revealed during a custodial interview with MPD indicating the smaller group initially interacted with Taylor’s group asking for a lighter. Taylor also told the detective that when Taylor’s group refused because, the smaller group responded by calling them “a bunch of n******.” That’s when the fight started, according to Taylor’s interview.
Gardner also mentionedit was uncertain who among the group stole the watch and the shoe from the first victim.
Regarding the second incident, the attempted carjacking, Gardner said it was uncertain who started the interaction. Gardner said no keys were taken, no weapons were used, and no one entered the car. Additionally, Gardner argued that, when the victims were first talking to police about the incident, they did not mention an attempt to take their keys or car, therefore it was not an attempted carjacking.
Gardner also mentioned that Taylor was compliant with the investigation, voluntarily spoke to the detective, and waived his Miranda rights.
Gardner focused on Taylor’s robbery charge and asserted there was no evidence of Taylor taking part in or planning the first robbery.
He noted that a group was involved in the incidents and they should not just be attributed to Taylor. Gardner asserted that the prosecutor did not have the evidence to file an assault with intent to commit robbery charge, but acknowledged it might be different if it was a simple assault charge..
Judge Hildum was impressed by Gardner’s argument, stating that he “did a pretty amazing job” presenting the case, but simply did not agree. Judge Hildum stated that he found probable cause in all three cases.
Parties then presented arguments regarding Taylor’s release or detention pending trial.
Gardner mentioned that Taylor had no prior offenses, had stable employment, and not a flight risk because his family lived in the area. Gardner noted Taylor’s mother was present online for the hearing. Furthermore, Gardner said Taylor needed to support his family and keeping putting him in the DC Jail would strain on his family.
The prosecution argued that Taylor was charged with multiple counts so he should remain detained. They asserted that since there were three incidents, Taylor had two chances to stop, but decided not to. Furthermore, the prosecutor alleged Taylor led the group, and was not only a mindless follower.
According to the prosecutor, the victims from each incident implicated Taylor strongly in each case through identification as opposed to their ambivalent reaction to photos of other individuals in the group.
Judge Hildum agreed with the prosecution, focusing particularly on how this case involved multiple counts. “Based on the nature of the offense, offenses, one after another,” Judge Hildum ordered Taylor to remain held at the DC Jail.
Parties are slated to reconvene on Dec. 11.
