Judge Holds 5 Defendants, Releases 20

By D.C. Witness Staff - December 1, 2020
Featured | Homicides | Suspects |

On Nov. 30, DC Superior Court Judge Errol Arthur held five defendants in DC Jail and released 20 defendants during initial hearings. 

Judge Arthur held Darius Tyson on an armed carjacking charge. 

Tyson, 25, and two other juvenile defendants are accused of three armed carjacking offenses. The prosecution cited witness statements and the serious nature of the crime as reasons to hold him. 

However, defense attorney Elizabeth Weller argued that the witness statements were vague and did not prove her client is the person who committed the crime. The prosecutor responded that the Metropolitan Police Department (MPD) knew who the other suspects are and, through a process of elimination, were able to determine that Tyson was involved in these offenses. 

Judge Arthur decided to hold Tyson given the serious nature of the offense. Tyson’s next court date is scheduled for Dec. 21.

Richard McCain, Jr. is a fugitive from Maryland, where he is wanted for an armed carjacking charge. 

Acting defense attorney Weller argued for his release, citing a relatively successful pretrial release record. 

However, the prosecutor pointed out that there were two separate warrants out for McCain’s arrest. 

Judge Arthur gave McCain two choices, either post a $5,000 cash bond or be held. McCain decided to be held and waived his right to an extradition hearing . He opted to wait for Maryland authorities to pick him up within three business days. 

McCain also told Judge Arthur that he needed medical treatment for high blood pressure since he had been held since the weekend. Judge Arthur issued a medical alert on his behalf. 

Jahil Dailey was held for failure to appear at three show cause hearings in October. Dailey has yet to check in with the Pretrial Services Agency (PSA). 

Judge Arthur deemed Dailey a flight risk based on his inability to appear in court. 

Dailey, 37, alleged that he was in the hospital for medical treatment and was unaware he was supposed to be in court. He promised Judge Arthur that he would return to court if he was released.

However, Judge Arthur decided to hold him until his next hearing on Dec. 15. 

Derek Eddy was held on three accounts of robbery. 

Eddy, 21, is also facing a warrant for his arrest from Virginia for the exact same charge.

His next court date is scheduled for Dec. 21.  

Brandon Atwater, 27, was held on charges of simple assault, destruction of property of less than $1000, assault of a police officer and attempted second-degree theft. This arrest marks Atwater’s second arrest within two weeks. 

The prosecution described Atwater’s behavior as assaultive and argued it resulted in a damaged police vehicle as well as demonstrated violence towards law enforcement.

After Judge Arthur decided to hold him, Atwater attempted to make a case for his release himself, but the judge did not change his mind. 

Atwater’s next court date will be Dec. 15.  

Of the 20 defendants who were released, nine are charged with misdemeanors. The charges include attempted threats to do bodily harm, destruction of property, second-degree theft, possession of drug paraphernalia, fleeing law enforcement, unlawful entry of a motor vehicle, second-degree theft, possession of a controlled substance and simple assault. Six of the defendants were given stay-away orders while the rest were ordered to report to PSA.

Judge Arthur released six defendants charged with felonies. Three of the defendants have drug charges involving cocaine while the other three have weapons charges. All of the defendants were ordered to report to PSA, and one of the defendants was also ordered to wear a GPS monitor.

Additionally, Judge Arthur released two defendants charged with traffic offenses, one defendant charged in a domestic violence case and two defendants who were brought in on bench warrants for failing to appear at their hearings.

A defendant charged in a domestic violence case had his case dismissed by the prosecution.

Maria Marzullo and Krystin Roehl wrote this article.