DC Superior Court Judge Dayna Dayson found probable cause for second-degree murder while armed in a fatal stabbing case and denied the defendant’s release on Aug. 4.
Cadoza Simms, 50, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of 45-year-old Marvin Urquhart, on May 2, on the 1100 block of 1st Street, NE. Urquhart sustained one stab wound to the chest and multiple superficial wounds to his arms.
According to court documents, the incident occurred outside of Wunder Garten, a beer garden in the NoMa neighborhood. Urquhart, a security employee at the bar, allegedly denied Simms entry to the establishment and the two engaged in a physical altercation. Simms was reportedly denied entry by Urquhart to the same bar two weeks prior to the incident, due to intoxication and trying to get in after closing.
At Simms’ preliminary hearing of the evidence against him, the prosecution called the lead Metropolitan Police Department (MPD) detective to testify regarding her involvement in the case.
The prosecutor presented three screenshots taken from video footage of the incident. In all of the photos, three men are depicted standing outside the bar, two are face to face, while another man is observing them in the entryway.
According to the detective, the two men standing close together were reportedly Simms and Urquhart. She explained that the third man was another employee of Wunder Garten and a key witness who placed the original 911 call.
“The witness observed Mr. Simms with a knife,” the detective said.
All of the images displayed in court showed the individual the detective identified as Simms holding a small switchblade knife.
In cross-examination, Simms’ attorney, Hannah Claudio, had the detective clarify the events that led up to the incident.
“This incident started as a verbal argument,” Claudio said.
The detective explained that the physical altercation reportedly initiated when Simms pushed Urquhart, then Urquhart hit Simms to the ground. Claudio also confirmed that throughout the detective’s investigation, she did not find evidence that Simms threatened or announced that he had a weapon during the verbal altercation.
Claudio highlighted that after the altercation, Simms was transported to Howard University Hospital for leg surgery.
According to a witness the detective interviewed, after the altercation, Urquhart stood up and walked back into the bar. The detective said that the witness believed Urquhart did not know he had been stabbed. In addition, the detective confirmed that there was no blood trail from where the fight occurred into the establishment.
“Its unclear of when [Urquhart] was stabbed,” the detective said.
The prosecution presented a video of the incident before Judge Dayson ruled on probable cause.
The video started with an appearent verbal altercation between Simms and Urquhart. After approximately five minutes, the two are chest to chest and Simms appears to have a knife in his right hand held down by his leg. Simms pushed the victim with his left hand, Urquhart tackled Simms to the ground, and continuously hit him. After about two minutes, Urquhart stood up and walked away while Simms remained on the ground.
“This was a back-and-forth argument that escalated to a physical fight,” Claudio said and asked the court not to find probable cause.
Claudio argued that Simms acted in self-defense and highlighted that in the video, “Simms was trapped on the ground,” because Urquhart was on top of him.
“The aggressor, clear by the video, clear by the facts, was Mr. Simms,” the prosecutor said.
The prosecution argued for probable cause, emphasizing that Simms presented his knife during the verbal altercation and proceeded to push Urquhart.
Judge Dayson found probable cause for second-degree murder while armed. The judge explained that the prosecution demonstrated Simms did not act in self-defense because he was already armed when he initiated physical contact with Urquhart.
Claudio requested the court release Simms to home confinement.
“By all accounts, those who know Mr. Simms describe him as a very respected person,” Claudio said.
Claudio presented the court with multiple letters of support from community members and highlighted Simms’ stable employment history. She explained that if Simms were to be released, he would live with his fiancée.
The prosecution requested a continued hold of Simms, arguing that there are no combination of release conditions that would ensure the safety of the community.
“This was Mr. Simms going to a business and not taking no for an answer, which ultimately led to the death of an employee,” the prosecutor said.
The prosecution also highlighted Simms’ criminal history. Simms allegedly committed the offense while on parole for a 1996 voluntary manslaughter conviction. In addition, he has two unrelated priors for assault on a police officer and simple assault.
Judge Dayson denied Simms’ release, explaining that she believes, “when Mr. Simms feels that he is in a position, he will engage in unreasonable force… to meet [an] issue.”
Parties are scheduled to reconvene before the case’s calendar judge, DC Superior Court Judge Neal Kravitz on Nov. 13.
