Shooting Defendant With Priors Denied Release

A defense counsel’s motion for a shooting defendant’s bond review was denied before DC Superior Court Judge Carmen McLean on Dec. 3.

Hakim Johnson, 35, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal shooting on the 3700 block of Minnesota Avenue, NE, on April 5. One individual sustained injuries.

Prior to the hearing William Howell, Johnson’s attorney, filed a motion for bond review but the prosecution opposed this motion.

They argued that there has been no new information to prove he’d be a good candidate for release, and Johnson is alleged to have used a firearm. The prosecutors stated that Johnson’s criminal history is substantial and he was aware he wasn’t allowed to possess a firearm.

Prosecutors also noted that an identification of Johnson was made by someone who had been in a prior relationship with him.

Howell argued that there has been no identification by anyone who was present at the shooting, as the one who made the identification did so from a photo. He argued that the weight of the evidence is not strong.

Regarding Johnson’s criminal history, Howell stated that his prior convictions, although they’re serious offenses, are more than ten years old. He also noted Johnson’s ability to comply with release conditions based on probation from a separate incident.

Howell stated that the court could impose conditions of release that will ensure the safety of the community.

Judge McLean denied the defense’s motion as the presumption of dangerousness had not been rebutted, Johnson remains held.

Prosecutors noted that a global plea offer remains open until Dec. 19. The terms were not stated for the record.

Parties are slated to reconvene on Dec. 22.

Document: MPD Arrests Second Suspect in Fatal Shooting in Northwest

The Metropolitan Police Department (MPD) announced the arrest of a second suspect in connection with a fatal shooting that occurred on June 30, 2024 on the 700 block of Missouri Avenue, NW. The victim, identified as 18-year-old Raymond Washington, was found with gunshot wounds and later pronounced dead. Byron Sneed, 40, was previously arrested and charged with first-degree murder while armed. On Dec. 8, Treshawn Herndon, 18, was also arrested and charged with the same offense.

Judge Grants Shooting Defendant’s Motion to Dismiss Case For Suppressed Evidence

DC Superior Court Judge Michael Ryan granted a shooting defendant’s motion to dismiss his case on Dec. 8, after the prosecution failed to meet multiple deadlines.

Anthony Goncalves, 53, was charged with assault with intent to kill while armed against a minor, aggravated assault knowingly while armed against a minor, two counts of possession of a firearm and unlawful possession of a firearm by a convict for his alleged involvement in a shooting on Nov. 29, 2023 on the 3900 block of Minnesota Avenue, NE. A 14-year-old boy sustained nine gunshot wounds.

James Brockway, Goncalves’ attorney, originally filed a motion on Sept. 11 to suppress tangible evidence, which he claimed was illegally obtained by the prosecution. According to Brockway, the evidence was acquired from electronic monitoring of Goncalves by the Court Services and Offender Supervision Agency (CSOSA) at the time of the shooting.

Brockway argued that CSOSA ordered Goncalves to wear a GPS monitor without legal authority, and the Metropolitan Police Department (MPD) used GPS data from CSOSA to designate him a suspect in the incident.

Judge Ryan had allowed the prosecution to submit a written response by Sept. 26, and further granted them an extension for Nov. 10.

On Nov. 26, Brockway filed an additional request to treat the motion to suppress evidence as conceded by the prosecution, insisting that the motion to suppress is “a terminal motion,” which the prosecution failed to respond to in a timely manner. Therefore, “Goncalves further respectfully requests that the case be dismissed for want of prosecution,” Brockway argued.

During the Dec. 8 hearing, the prosecution alerted Judge Ryan that due to the suppression issue, the prosecution would not have sufficient evidence to proceed with the case, despite knowing that Goncalves “factually shot a child nine times in the back.”

The prosecution filed a motion to dismiss the case without prejudice, which would allow them to reopen the case if they are able to produce admissible evidence. However, Brockway argued it should be dismissed with prejudice.

Judge Ryan agreed with the parties, and dismissed the case without prejudice.

Judge Ryan ordered Goncalves be released from the DC Jail.

No further dates were set.

Prosecution’s Handling of DNA Evidence Imperils December Trial Date

A motion before DC Superior Court Judge Todd Edelman on Dec. 1 to exclude DNA evidence obtained by prosecutors could delay a homicide defendant’s trial for the fourth time.

Joseph Smith, 67, is charged with second-degree murder for his alleged involvement in the fatal stabbing of his 62-year-old brother, Arnold Smith, in their family home on the 600 block of Galveston Place, SE on April 9, 2019.

Critically, Judge Edelman must rule whether more DNA evidence legally obtained by prosecutors after the fact may enter the trial, given that prosecutors knew the results of the first, illegal DNA testing.

In a November 25 hearing, defense attory, Joseph Yarbough, played body-worn-camera footage showing that Smith told a detective he would allow the detective to swab his cheeks for evidence only if his brother were alive. The detective led Smith to believe that his brother was still alive, though he had been pronounced dead at the hospital nearly two hours earlier.

Judge Edelman told parties during the Nov. 25 hearing that he would rule on the issue before the next hearing, though prosecutors got a warrant for new DNA evidence and re-ran the tests ahead of Edelman’s decision to exclude the original DNA results.

During the Dec. 1 hearing, Yarbough argued that though the prosecution had used legal methods to re-obtain Smith’s DNA, their intention in seeking the warrant was inherently tainted by their knowledge of the results in the first test and thus could not be entered into evidence.

“It would be beyond a leap of faith to say that nothing they learned affected their decision to seek a warrant,” Yarbough said.

He pointed to the lengths that prosecutors went to quickly re-test Smith’s DNA, which cost $10,000 and required them to fly in an expert witness from Africa to present the results to the jury, according to Yarbough.

Prosecutors argued that it is standard practice to present DNA evidence to the jury regardless of whether it implicates the defendant because juries like to see that the prosecution pursued all leads. They also said that proving a counterfactual — that their knowledge of the first test did not affect their decision to seek a warrant for the second test — was extremely difficult.

Prosecutors pointed to examples of phone searches, where information is often obtained through successive warrants and said that the reason for the outsize expense in this case was out of concern for maintaining the Dec. 1 trial date.

“The reason for the cost and the quick turnaround was to preserve our trial date,” a prosecutor said.

Judge Edelman said that he would give a ruling on the matter on Dec. 10, when the parties reconvene.

If Judge Edelman overrules the defense motion to suppress the evidence, then that may further delay the trial so that Yarbough and Bunke can have their own expert review the results of the new test.

Yarbough said that he felt ethically and constitutionally bound to review the results but that it could be possible to review them quickly.

“There’s a world in which this doesn’t take super long,” Yarbough said.

Yarbough and Bunke also filed a motion to sanction the prosecution for their failure to preserve body-worn camera footage from the crime scene, Smith’s home, while a search warrant was executed. According to Yarbough, the officer mislabeled the footage and failed to classify it as related to a murder, leading to its premature deletion.

Yarbough contended that because the officer would have been at the crime scene at the same time as several key witnesses and could have talked to them, the negligence around the handling of his body camera could have resulted in a major violation of the prosecution’s requirement to share statements made by witnesses with the defense.

If it comes out that the witnesses did talk to the officer, they could be barred from testifying in the trial.

Judge Edelman agreed to Yarbough’s request that the matter be investigated and asked the prosecution to bring the witnesses and the officer to the next hearing so that they could testify under oath about any statements that may have passed between them.

In a separate motion about one of the witnesses, Smith’s sister, Bunke successfully petitioned the court to appoint her an attorney, arguing that there were legitimate concerns that she could incriminate herself while testifying.

Prosecutors argued that she did not need a lawyer because the statute of limitations for her potential criminal behavior, falsifying documents related to the defendant, had passed.

Judge Edelman decided to have a lawyer appointed to her.

“I do think it’s appropriate for her to have counsel on this,” Judge Edelman said.

Prior to the conclusion of the hearing, parties also settled on an issue about whether to redact a dish cloth from a picture of the knife used in the murder. The image depicts the knife in the sink next to a dishcloth with reddish brown stains.

Bunke argued that the dish cloth was never tested for the presence of blood and said that the stains could have come from something else.

“The government has wrongfully speculated about other stains in the house,” Bunke said.

Judge Edelman met both parties half-way. He did not require prosecutors to edit the dishcloth out of the picture but instructed them not to speculate before the jury about what Smith may have done with the dishcloth.

Parties are slated to reconvene Dec. 10.

Three Witnesses Testify Against Defendant in Murder Trial

Three witnesses testified against the defendant in a homicide trial before DC Superior Court Judge Rainey Brandt on Dec. 3.

George Sutton, 46, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in the fatal shooting of John Coleman, 34, on May 1, 2023, on the 2000 block of M Street, NE.

A forensic service manager of ShotSpotter technology, which records the audio of gunshots, testified that data retrieved from sensors in the area of the incident from May 1, 2023 recorded 10 gunshots. The audio was played in court.

A DNA expert testified that eight firearm cartridges were tested for DNA by their lab. They testified that the results came back as having either insufficient DNA or as having inconclusive results. Two of the cartridges did not have enough DNA to run identifying testing but the expert determined that the DNA present was likely a mixture of two people’s DNA.

During cross examination from defense attorney Steven Kiersh, the DNA expert explained that the first round of testing failed but that they were confident that every procedure was done correctly.

A Metropolitan Police Department (MPD) lieutenant testified that Sutton’s car was allegedly captured by license plate reader cameras. The photo was entered into evidence by the prosecution. It is unclear where or when the camera captured the vehicle.

Parties are slated to reconvene Dec 8.

Judge Says Defendant in ‘Brutal’ Stabbing Stays Jailed

A stabbing defendant was denied release by DC Superior Court Eric Glover on Dec. 2, after she allegedly confessed to two police officers.

Cheyenne Brewington, 33, is charged with assault with a dangerous weapon for her alleged involvement in a non-fatal stabbing that occurred on the 1500 block of Young Street, SE on Nov. 28.

Brewington, visibly emotional upon entering the courtroom, appeared to be crying and sniffing before proceeding with her case. Defense attorney Lauckland Nicholas alerted the court of her intent to waive her right to a preliminary hearing, and requested that Brewington be released.

Nicholas noted that Brewington had suffered injuries herself, specifically to her left hand, and argued that she had family support nearby. He pointed out that Brewington’s sister was present in the courtroom and that the defendant lives far from the victim.

Nicholas also emphasized that Brewington had a history of attending court hearings in her previous cases and expressed her willingness to abide by any conditions set by the court, including supervision by the Pretrial Services Agency (PSA).

The prosecution opposed the request for release, arguing for a continued hold. They described the stabbing as “brutal” and “violent,” noting that Brewington had allegedly stabbed the victim multiple times. The prosecutor also referenced Brewington’s criminal record, which includes two prior misdemeanor cases and one pending assault charge.

The prosecution argued that the nature of the crime and the defendant’s history made it impossible to ensure the safety of the community if Brewington were released. The prosecution also highlighted that Brewington had admitted to her involvement in the stabbing to two police officers. The knife used in the assault was reportedly found in her purse.

According to court documents, Brewington told officers she committed the stabbing because the victim would not allow her daughter to leave an apartment.

The prosecution pointed out that Brewington’s actions represented an “escalation of negative behavior”.

Judge Glover sided with the prosecution, ordering to continue Brewington’s detention. He cited the serious nature of the offense, the multiple witnesses, including family members, and the fact that Brewington had admitted her involvement. The judge also referenced the knife found in her possession as significant evidence.

Glover told Brewington that “history is working against her,” referring to her prior legal issues and the escalation of violent behavior in this case. The judge concluded that the presumption of detention had not been rebutted, given the circumstances of the case.

The parties are slated to reconvene on Dec. 16.

Document: MPD Makes Arrest in Kenilworth Avenue Assault

The Metropolitan Police Department (MPD) announced an arrest in an assault with a dangerous weapon incident that occurred on Dec. 6 on the 1500 block of Kenilworth Ave, NE. Alexis Rivera, 21, was arrested after allegedly attempting to steal merchandise and injuring an employee with a knife during a struggle. Rivera was charged with assault with a dangerous weapon.

Document: MPD Investigating Morse Street Homicide

The Metropolitan Police Department (MPD) announced they are investigating a homicide that occurred on Dec. 5 on the 300 block of Morse Street, NE. The victim, identified as 20-year-old Roy Lee Bennett Jr., was found with gunshot wounds and pronounced dead at the scene.

Document: MPD Seeking Suspect in Northwest Stabbing

The Metropolitan Police Department (MPD) announced they are seeking assistance in identifying a suspect involved in a stabbing on Nov 21. According to documents, a victim was stabbed following an argument with an unknown suspect on the 300 block of V Street, NW. The victim sustained non-life-threatening injuries and received treatment at a local hospital. The suspect fled the scene and was captured on surveillance video.

Defendant in Fatal Shooting Accepts Plea Deal

A defendant nearing a trial date accepted a plea deal before DC Superior Court Judge Danya Dayson on Dec. 2.

Maleek Thomas, 22, was originally charged with first-degree murder while armed, felony murder while armed, assault with the intent to kill while armed, three counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in the fatal shooting of Melvin Dock Jr., 23, on Oct. 30, 2023, on the 4300 block of Halley Terrace, SE. A second victim was injured in the shooting.

During the incident, the defendant met with one of the victims in a vehicle. Dock approached the car, and shortly after he and Thomas attempted to carjack the vehicle. Thomas began to shoot and hit both victims.

At the hearing, parties had originally planned to discuss their readiness heading into trial, which was slated to begin on Jan. 20. However, defense attorney Howard McEachern informed Judge Dayson that Thomas would be accepting a plea deal.

The terms of the deal required Thomas to plead guilty to second-degree murder while armed and assault with a dangerous weapon, in return for all remaining counts to be dismissed. He would also be required to register as a gun offender. Through the deal, the prosecution agreed to limit their sentencing request to 25 years of imprisonment.

Thomas spoke to his lawyer shortly after the terms were given. McEachern explained that Thomas had explicitly asked him to argue for a lesser sentence during sentencing.

Judge Dayson accepted his guilty plea after determining Thomas did so knowingly.

Parties are slated to reconvene Feb. 20.

Stabbing Defendants Release Revoked For Compliance Violation

DC Superior Court Judge Robert Hildum revoked a stabbing defendant’s release on Dec 2.

On May 25, 2022 Gabriel Esquina, 23, pleaded guilty to aggravated assault knowingly for his involvement in the stabbing of his child’s mother that occurred on Dec. 29, 2021 on the 2800 block of Myrtle Avenue NE.

Esquina was recently re-arrested after allegedly violating a stay-away order imposed by the court.

The defense, Henry Escoto, argued for Esquina’s release, citing his compliance with the Pretrial Services Agency (PSA), including checking in twice a week. Escoto explained that the violation of the stay-away order occurred after Esquina’s parents invited him back to their home.

He emphasized that his parents had only contacted the police because they felt they needed legal intervention. Escoto added that they are now concerned about Esquina’s mental health and have expressed support for his continued treatment.

Furthermore, Escoto pointed out that Esquina had expressed a willingness to participate in release conditions, including anger management and mental health classes. He proposed the option of electronic monitoring as a means to ensure compliance with any further conditions.

In response, the prosecution argued against Esquina’s release. Simpson noted that Esquina’s charge of felony contempt was serious and emphasized the violation of the stay-away order. The prosecution also highlighted Esquina’s ongoing legal supervision for various other serious offenses and pointed to a history of “spotty compliance” with pre-trial conditions.

The prosecution argued that these factors warranted the continued detention of Esquina. Escoto countered by reiterating that the stay-away violation was not intentional but rather a result of family intervention.

Judge Hildum, however, expressed concern over Esquina’s prior history, mentioning allegations from other cases that he found “concerning.” While agreeing with the prosecution’s position on the seriousness of the case, Judge Hildum noted that Esquina’s mental health concerns and his willingness to participate in treatment were factors to consider.

Ultimately, Judge Hildum revoked Esquina’s release.

The parties are slated to reconvene on Dec. 10.

‘Unusual Circumstances’ Lead to Release of Stabbing Defendant

DC Superior Court Judge Robert Hildum granted the release of a stabbing defendant due to “unusual circumstances” after she waived her right to a preliminary hearing on Dec. 2.

Antoinette Smith. 31, is charged with assault with a dangerous weapon for her alleged involvement in a non-fatal stabbing that occurred on the 5600 block of 13th Street, NW on July 15. One individual sustained injuries.

Derrick Page, Smith’s attorney, alerted the court of Smith’s intent to waive her right to a preliminary hearing.

Page also argued for Smith’s release. He argued that Smith had no criminal history before 2025 and highlighted that she had been a lifelong resident of DC. Page also pointed out that Smith’s arrest occurred months after the alleged crime was committed.

The victim reportedly told officers that they would be unable to identify any of the suspects involved in the incident. Page argued that this inconsistency was significant, noting the victim’s uncertainty.

Page suggested that Smith could be placed under 24-hour home confinement, allowing her to maintain family responsibilities for her two children.

The prosecution contended that Smith should remain detained. They argued that the victim had positively identified Smith, and that all of Smith’s pending cases were assaultive in nature.

The judge, while acknowledging the prosecution’s concerns, ultimately ruled in favor of Smith’s release. He noted that Smith had shown compliance with legal procedures and expressed a clear intention to pursue mental health care. Judge Hildum also pointed out the delayed nature of the arrest warrant.

“These are strange circumstances,” the judge remarked, referring to the unusual timeline and the victim’s conflicting statements. He said he would have been more concerned about Smith’s situation had she not been actively pursuing treatment for her mental health, which he considered a positive step.

Smith will now be required to comply with conditions set forth by the Pretrial Services Agency(PSA), which include avoiding contact with the victim, and refraining from going near the crime location. The judge also noted that Smith had not committed any offenses since July.

Page emphasized that they were in the process of filing a motion to designate him as the primary attorney representing Smith in her various legal matters.

The parties are slated to reconvene on Dec. 16.

Murder Defendant Pleads Guilty to Lesser Charge

A murder defendant pleaded guilty to a lesser charge before DC Superior Court Judge Michael Ryan on Nov. 21.

Jermall Johnson, 42, was originally charged with first-degree murder, two counts of assault with a dangerous weapon, three counts of possession of a firearm during a crime of violence and unlawful possession of a firearm for his involvement in the fatal shooting of 50-year-old Aniekboo Umoh on Dec. 29, 2022 on the 2700 block of 7th Street, NE.

According to court records, Johnson was codefendants with Rafeal Stevens, 40, until his case was severed on Oct. 28, 2024. Stevens has since pleaded guilty to voluntary manslaughter.

Johnson pleaded guilty to assault with a dangerous weapon in exchange for all remaining and greater charges being dismissed, including the first-degree murder charge. He faces a maximum sentence of ten years in prison.

The prosecution said that Johnson fired a 9mm gun at Umoh intentionally and without legal justification.

Parties are set to reconvene on Feb. 6 for sentencing.

‘I’m Going to Trust You,’ Judge Tells Probation Defendant

A recently released defendant appeared before DC Superior Court Judge Jennifer Di Toro on Dec. 1 for an offense uncovered before he could start probation.

Brandon McClanahan, 20, is charged with carrying a dangerous weapon outside of a home or business and unlawful discharge of a firearm for his alleged involvement in an accidental shooting that occurred Nov. 24, 2024 on the 3000 block of 30th Street, SE. McClanahan himself was the only victim in the incident.

Just last week, Judge Di Toro adjudicated a separate case, where McClanahan was convicted of carrying a pistol outside of a home or business, unlawful possession of a firearm, and unlawful possession of ammunition in relation to an incident that occurred Sept. 6, 2024. He received three years of supervised release for probation with the Youth Rehabilitation Act (YRA). The YRA allows a young defendant’s conviction to be sealed if they successfully complete all sentencing requirements.

He was in the process of leaving the jail to begin his probation when a warrant from January related to the accidental shooting was flagged and he was held. He has not yet started his probation.

The prosecution argued to continue holding McClanahan in this shooting, due to his conduct and his history of firearm offenses. However, defense attorney Anthony Cade argued that his criminal history has not changed since the case the judge already granted probation under the youth act.

Cade also claimed the accidental shooting had slipped between the cracks of the system. He said the shooting happened during the process of the initial case and would have been resolved if the court had realized it was outstanding. He protested punishing McClanahan for the court’s mistake.

“I want to give you that chance,” Judge Di Toro said to McClanahan, referring to his probation. “I’m really betting on you.”

She decided to release McClanahan on probation, but asked him to adhere to the rules to avoid further issues, especially now that there is another case. She reminded him that a hold could be invoked at any time.

“I’m going to trust you,” she said to him, due to getting to know each other during the last case.

Parties are slated to reconvene Jan. 8.

Fratricide Defendant Accepts Plea Deal

A homicide defendant who killed his brother accepted a plea deal before DC Superior Court Judge Todd Edelman on Nov 21.

Lamar Odoms, 24, was originally charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business for his alleged involvement in the fatal shooting of his 25-year-old brother, Mark Odoms. The incident occurred on the 1800 block of Tubman Road, SE, on SE on Dec. 5, 2024.

At the hearing, Lamar accepted a plea deal, which required him to plead guilty to voluntary manslaughter while armed in exchange for the prosecution dismissing all other charges and an agreement to limit their request to the midpoint of the sentencing guidelines.

The prosecution stated that their evidence would have proven that Lamar and Mark entered an altercation before the defendant shot his brother and fled the scene. Mark was transferred to the George Washington Hospital, but died shortly thereafter from his gunshot wounds.

Lamar’s defense attorney, Gemma Stevens, also requested a youth act study to be done before sentencing, which Judge Edelman granted.

Parties are slated to reconvene for sentencing on Jan. 16, 2026.

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