Judge Holds 2 of 19 Defendants During Initial Hearings

By D.C. Witness Staff - October 27, 2020
Featured | Homicides | Suspects |

On Oct. 27, DC Superior Court Judge Errol Arthur released 17 defendants, holding one in DC Jail and one in the Department of Youth Rehabilitation Services’ (DYRS) custody during their initial hearings. 

Judge Arthur held one juvenile defendant charged with armed robbery.

The defendant allegedly stole a car by threatening the driver with a pistol. The defendant took the car with a co-defendant who has also been arrested. The two then allegedly drove the car around Northeast DC before leaving the car. Later, they took another car and crashed into several other vehicles on the 2700 block of New York Avenue, NE, on Oct. 24.

Defense attorney Rachel Cicurel asked for the defendant’s release under the High Intensity Supervision Program (HISP), or on 24-hour home confinement. She argued for release due to the defendant having no criminal history and a supportive family.

Judge Arthur pointed to the concerning facts of the case, including the defendant allegedly having a firearm and fleeing after a crash. Based on this information, Judge Arthur held the defendant under DYRS’ custody because he posed a danger to the community. 

Judge Arthur also held a defendant who is charged with assault with a dangerous weapon. 

Joel Mcpherson, 26, is charged with assault with a dangerous weapon for allegedly punching a man and pointing a handgun at him after a traffic accident on the 200 block of I Street, NE on Aug. 20. After the accident, the victim continued to argue with the defendant resulting in the defendant producing a handgun and pointing it at the victim, according to court documents.

The defendant was riding a moped scooter and the victim was on a bicycle when the two collided.

Mcpherson’s attorney, Colleen Archer, asked for her client to be released. She said the defendant was using a BB gun instead of an actual pistol and pointed to his limited criminal history. Mcpherson has one prior conviction for burglary in Maryland with his probation set to expire in November. 

“This was an armed offense…He is also on probation for first-degree burglary in Maryland,” Judge Arthur said. 

Judge Arthur released one defendant who was charged with simple assault and threats to do bodily harm. However, the defendant was held on an outstanding federal warrant. 

Barbara Francis, 58, is charged with simple assault and threats for allegedly getting in a verbal argument with a bus operator on the 100 block of Florida Avenue, NW on Oct. 26. The defendant supposedly berated the bus operator and tried to spit on a passenger who was attempting to de-escalate the situation. 

Defense attorney, Colleen Archer, asked for Francis to be released. Judge Arthur granted the request and released the defendant with a no harassing, assaults, threats or Stalking (HATS) order. While the defendant was released in this case, she was held on an unrelated federal arrest warrant. 

Judge Arthur released a felony sex abuse defendant on HISP.

The defendant is charged with first-degree child sex abuse. In addition to putting the defendant on HISP, Judge Arthur issued a stay away order for the victim and the victim’s family, school, and home. 

Judge Arthur released two domestic violence defendants.

One defendant is charged with simple assault and was released with a stay away order.

The second defendant is charged with simple assault and attempted threats to do bodily harm. Judge Arthur issued a stay away order from the victim and her residence.

During the hearing, the defendant was visibly shaken by the news and broke down in tears. The defendant’s attorney asked for the order to be modified to let the defendant continue to live in his apartment and contact the victim to arrange visits with his children. 

Judge Arthur explained that an existing Temporary Protective Order (TPO) made it impossible for him to remove the conditions. The defendant was ordered to vacate his residence until the victim moves and arrange visitation through a third party. 

Judge Arthur released seven defendants charged with various misdemeanors. The charges include theft, a bench warrant, operating a vehicle after revocation, driving without a permit, destruction of property less than $1,000, attempted threats to do bodily harm, unlawful possession of ammunition and unlawful entry on private property. 

Hearings for two defendants were continued because they are in the hospital. One is charged with being a fugitive from Virginia, the other defendant is charged with destruction of property less than $1,000. 

Four defendants who are charged with being fugitives from justice from Maryland and Virginia were released to resolve their outstanding warrants in their respective states. They face underlying charges of assault and failure to appear at a traffic hearing.