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Alphonso Roberts’ request to attend mother’s funeral denied


In court Tuesday morning, a judge denied Alphonso Roberts’ request to be transported from jail to his mother’s funeral without more information about the jail’s process of releasing and transporting inmates.

Alphonso Roberts, 32, is being charged with second-degree murder while armed of 23-year old Maurico Walker, who was found shot on Feb. 10. Roberts was arrested March 24.

Roberts’ lawyer said in court that Roberts’ sister submitted a request to the jail for his transport and thought the jail needed a release request from the court. Judge Morin said even if the court granted the request, it would not guarantee Roberts’ release.

“Based on the information now, I wouldn’t order the release,” he said. “The court’s sole power is to order the release, but the jail has administrative power to do so or not.”

Roberts’ mother’s funeral is this Friday and he is expected to appear in court again on May 9.

 

Kevin Lee’s case heads to trial after he rejects plea deal

Kevin Lee, the man charged with the shooting death of 31-year old Tenika Fontanelle, rejected the plea deal offered to him in court in Thursday morning morning and instead requested a trial.

Lee, 17, has been charged with second-degree murder while armed, carrying a pistol without a license outside home or business, two counts of unlawful possession of a firearm, two counts of possessing a firearm during a crime of violence and two counts of assault with a dangerous weapon. He pleaded not guilty to all charges.

The prosecutor said the plea deal offered a sentence ranging from 12 to 29 years, if Lee pleaded guilty to second-degree murder while armed and one count of assault with a dangerous weapon. When Judge Liebovitz asked the prosecutor if they could offer a more “narrowed down” sentence, the prosector said no, but this would not be the end of the conversation regarding a plea deal.

Fontanelle was killed on 1300 block of Congress Street in SE on Aug. 18 in her apartment. When police arrived, they found Fontanelle, a male juvenile and Lee with gunshot wounds. According to charging documents, the Fontanelle’s 12-year-old son and Lee two males were engaged in an argument when Fontanelle was shot, allegedly by Lee, inside her home. Lee and the son were also shot during the fight. All three were taken to the hospital. After further investigation, Lee was arrested and police found multiple other guns and ammunition in his room, leading to the additional charges.

Lee told police that he and Fontanelle were fighting and she may have shot herself. He also said the 12-year-old and his group of friends had been taunting him, throwing rocks and sticks while he and another friend were walking which caused him to confront the boy at his house.

Lee’s trial is expected to start in November and he will appear in court on May 24.

Fontanelle’s family has set up a Go Fund Me fundraiser for Fontanelle’s two surviving children, who witnessed her murder.

[documentcloud url=”http://www.documentcloud.org/documents/2809048-Kevin-Lee-charging-docs.html”]

Police investigating shooting death of Matthew Smith


Police are investigating the shooting death of 34-year-old Matthew Edward Smith early Thursday morning.

According to police, Smith was found at around 1:20 a.m. in the 1600 block of 16th Street, SE, by police responding to a call about the sound of gunshots.

Smith was taken to the hospital in critical condition where he died.

Smith is D.C.’s 32nd homicide this year, as compared to 31 at the same time last year.

 

 

Conflict of interest causes delays in Tavon Stewart case


A judge concluded the preliminary hearing in the case against Tavon Stewart, 24, can not yet conclude because of a conflict of interest.

Stewart, accused of fatally shooting Rudolph Garris,29 in the 4200 block of Sixth Street, SE, was arrested and charged with second-degree murder while armed. He is also facing a felony two charge for a misdemeanor in a different case.

In court, D.C. Superior Court Judge Michael Ryan did not disclose what the conflict of interest is. But, he said that the matter needs to be resolved in order to conclude the preliminary hearing.

Stewart’s current defense attorney, Matthew Davies requested to withdraw from this case. Judge Ryan accepted his withdrawal and the defendant’s new attorney, David Maxted, accepted the responsibility of representing his new client.

The preliminary hearing’s conclusion is scheduled for April 29 at 2:30 p.m.

 

Police charge second man with murder of Secret Service Officer

The two men who allegedly shot and killed suspended Secret Service officer Arthur Baldwin, 30, last December did so after they were instructed to rob him, according to documents supporting their arrest. One of the two men charged with first-degree murder has already been charged with the murder of a 15-year-old at the Deanwood metro the day before Easter.

Police on Tuesday announced the arrest of Charles Sims, 29, and on Wednesday announced Maurice Bellamy’s arrest. Bellamy, 17, is already being held without bail for allegedly shooting 15-year-old Davonte Washington while he stood on a metro platform with his mom on the way to get a haircut for Easter. Bellamy is being tried as an adult in both cases, police said.

Interviews with witnesses suggest Baldwin’s murder was the result of a four-man robbery operation gone awry.

According to witness reports, three black men approached Baldwin’s gray Nissan Altima on December 15 of last year. A person who accompanied Sims and Bellamy, said a fourth person told the three of them to rob Baldwin, alleging the suspended secret service agent was in the area to buy a large quantity of drugs from a known dealer in the area. In the documents, police say their investigation led them to believe Baldwin was in the area to visit a friend, not to purchase drugs. The three men were driven to the scene by the man giving the instruction. The third man, who is not named in the document, said Sims and Bellamy were armed with pistols. This account was consistent with other witness interviews, and the autopsy report which concluded Baldwin died after being shot five times by at least two different pistols, according to the documents.

According to Sims’ and Bellamy’s companion, Bellamy knocked on Baldwin’s passenger side window, and “asked him what time it was and then pointed a .38 caliber pistol at him.” Sims opened the driver side door, while the third person rifled through the trunk. According to that witness, Baldwin tried to get out of the car, and pushed Bellamy. Bellamy then shot him. Sims, standing on the passenger side, also shot the victim. Baldwin’s wallet and iPad were taken, but no money drugs or weapons were found, the witness said. When Bellamy saw the wallet had no money in it, he tossed it down a street drain, according to that witness. When police responded to 911 calls of a shooting, they found Baldwin across the street from his car without his wallet, with a silver watch on the ground nearby.

The witness told police the identities of the two suspects, which matched the descriptions provided by other witnesses at the scene. An additional witness interviewed by police said they heard Bellamy and Sims speaking in their apartment hallway about reports of a secret service officer killed. Sims, according to that witness, said he had fired at Baldwin during the course of a robbery. This witness said the fourth man, who drove the three would-be robbers to the scene then tried to sell them Baldwin’s stolen iPad.

Another person interviewed by police said they were present for a conversation had by Sims and Bellamy about the murder, in which Sims asked Bellamy why he shot Baldwin. Sims said he did it because Baldwin tried to “buck on him and take his pistol.” When Bellamy asked the same question, Sims said Bellamy was struggling with Baldwin, and once Bellamy had already shot Baldwin, he couldn’t be left there alive.

The third robber, and the person who was offered the iPad both told police Sims had texted them a few days prior to his arrest to tell them he had buried the guns used in the murder near a creek bed near the homicide, and had marked the location by tying a blue ribbon around a branch. Though police searched the area, they did not recover the weapons.

Sims was presented in D.C. Superior Court Tuesday and is being held without bail. Bellamy, is already being held without bail for his prior murder case. Sims is due back in court May 11, and Bellamy will be presented in court Thursday afternoon. He is due in court for the first murder on Friday.

According to the Washington Post, Baldwin had been on leave from the Secret Service for charges stemming from a domestic incident.

[documentcloud url=”http://www.documentcloud.org/documents/2806399-Charles-Sims-charging-docs.html”]

Arrest made in murder of suspended Secret Service officer


Police on Tuesday announced the arrest of Charles Sims, arrested for the alleged murder of an suspended Secret Service officer last December.

According to police, Arthur Baldwin, 30, was found with gunshot wounds at around 2:51 p.m. in the 4700 block of 1st Street, SW. Sims has been charged with first-degree murder while armed. According to court documents, Sims was presented in D.C. Superior Court Tuesday afternoon and is being held without bail. His next court date is May 11.

According to the Washington Post, police believe the shooting may have stemmed from an attempted robbery. The paper also reports Baldwin was on leave from the Secret Service after he was charged in a domestic incident.

Man fatally stabbed in residence Friday


The man who was fatally stabbed in the 4400 block of Livingston Road, SE, was identified as Paul Ivey, 37.

Police responded to a report of an aggravated assault in a residence at 1:29 a.m. Friday. The victim, later identified as Ivey, was suffering from stab wounds when the police arrived. He was transported to the hospital, where he was later pronounced dead.

Police arrested Dani Hilliard, 26, for Ivey’s death. Hilliard is awaiting presentment in D.C. courts for a charge of second-degree murder while armed.

Defendants in murder case decline to have DNA tested


Derrick Carter and Tyrale Johnson waived their right to have material found at the scene of their alleged crime tested for DNA, as the murder case against them moves forward.

Carter, 27, and Johnson, 21, have been charged with second-degree murder while armed for the alleged shooting of 31-year old Melvin Williams. Williams was found shot by an assault rifle in Southeast D.C. on July 28, 2015. Carter was first arrested in August and Johnson was later arrested in November.

Evidence recovered from the crime scene include shell casings, bullet fragments and clothing with blood, believed to be that of Williams, the prosecutor speculated. The prosecutor has chosen not to test the evidence for Carter or Johnson’s DNA.

In court, Judge Pan told Carter and Johnson that DNA testing could either prove their guilt or innocence. The results could also come back as “insufficient evidence,” she said.

After speaking with their lawyers while on the stand, Carter and Johnson both chose not to test the evidence.

Both are scheduled to next appear in court May 23.

David Harvey held for ‘substantial probability’ of involvement in January murder


David Davalier Nehemiah Harvey was ordered to remain held without bail this week for the alleged murder of 37-year-old Matthew Shelvin.

Harvey, 18, was arrested Jan. 28 and is being charged with first-degree murder while armed.

Although the prosecutor said the case is still being investigated, Judge Ryan found “substantial probability” Harvey was involved in the shooting of Shelvin. Ryan said he has not heard of anything that has changed that opinion since Harvey’s last court date in February.

Harvey is expected to appear in court again on June 16.

 

Jovante Hall ordered held without bail


A judge has ordered Jovante Hall without bail after finding probable cause for his arrest in court on Tuesday afternoon.

Hall, 18, has been charged with second-degree murder while armed for the death of of John Rufus Evans III, who was stabbed at the Deanwood metro station Monday morning. Hall was already out on bail for unlawful entry, assault and destruction of property.

According to charging documents, detectives reviewed metro center video surveillance where Hall and Evans were seen traveling on separate metro cars of the same train. Hall was walking ahead of Evans as they both got off at the Deanwood station and Hall waited for Evans to catch up after tapping out of the turnstiles.

An altercation broke out between the two and both had their hands up in the surveillance. Shortly after, Hall fled the metro station with an “unknown item” in his hand and Evans is seen clutching his neck where he was bleeding from.

Shortly after police released still photos of Hall from the video surveillance to the public, investigators began receiving tips through anonymous phone calls, text messages and social media identifying Hall.

A witness said they saw Evans punched Hall first and Hall swung back, but they did not realize he had a knife in his hand.

In court, Hall’s lawyer argued he used self defense to react to Evans’ aggression, but the judge said this was not Hall’s first run-in with the criminal justice system. In 2015, he was charged for assaulting a police officer and possessing a weapon.

Hall is expected to appear in court on April 22.

Harold Marshall’s trial date set for February 2017

 The man accused of fatally stabbing Tyrone Moore, 32, in March 2015 now has a trial date set for February of next year.

Harold Marshall, 38, was arrested and charged with first-degree murder while armed. Marshall was in court Tuesday, but has been allowed out of prison as part of the court’s the high intensity supervision program.

On March 22 of last year, police responded to the report of a stabbing in the 1600 block of F Street, NE. The victim, later identified as Moore, was transported to the hospital where he was later pronounced dead.

In court, pre-trial services representative said that Marshall had been compliant with the program’s rules, up until last week, when he violated the rules and did not charge his GPS tracker and allowed it to die for about five hours.

Marshall’s defense attorney, David Knight, told the courts that his client did not go to work the morning the tracker died and forgot to charge it because he was asleep. He said it was a “minor hiccup” and it will not happen again.

“I will overlook it,” said D.C. superior court Judge Jose Lopez. He told Knight the program is a privilege and to be emphatic on how strict the program is to his client.

Marshall’s next scheduled appearance in court is May 13 for a status hearing.

Police announce arrest in Monday’s Deanwood metro stabbing


Police on Tuesday announced an arrest had been made in the prior day’s stabbing of a teenager at the Deanwood metro station, in what police said was a “petty dispute with weapons.”

According to police, 15-year-old John Rufus Evans III was stabbed in the neck at the metro station just after 11 a.m. Monday morning. Police announced Tuesday that Jovante Hall, 18, has been charged with second-degree murder.

Assistant Chief of Police Peter Newsham said at a press conference that Evans and Hall knew each other and had an ongoing dispute. The two met on the same train traveling in the same direction by chance, and Newsham described the incident as a “petty dispute with weapons” resulting in violence.

This is the second homicide where a 15-year-old has been killed at the Deanwood metro station by another teenager in the past two weeks. On March 26, Davonte Washington was fatally shot while traveling to get a haircut with his mom and sisters. Maurice Bellamy has been charged with his murder.

Newsham said community members were instrumental in providing tips to police so an arrest could have been made within hours of the homicide. Police said they will be stepping up patrol at metro stations to ensure riders feel safe.

presser 412Mayor Muriel Bowser stressed at the press conference that perpetrators of incidents like these will be caught and brought to justice because of metro station cameras. Following the homicide Monday morning, police circulated photos of a person of interest, later identified as Hall.

“We were all shocked and saddened by the events of yesterday. What we want to be sure of is that we are telling young people that to resolve conflict is not to engage in these very significant altercations, because that can resolve in one of them being dead and one of them going to jail,” Bowser said. “These are not school yard incidents. These are real life altercations that have led to this homicide.”

Police investigating homicide at Deanwood Metro

Police are investigating a fatal stabbing at the Deanwood metro station, the second homicide at that location in a little over two weeks.

The name and age of the victim were not immediately available. Police had been investigating a stabbing at the metro station Monday morning, but announced on Twitter it had turned to a homicide investigation after the victim died.

On March 26, Davonte Washington was killed on the metro platform while traveling with his mom and sisters to get a haircut for Easter. Police arrested a 17-year-old for his murder.

 

 

Robert Smith sentenced to eight years for killing infant son

Robert Smith Sr., the man who admitted to squeezing his five-month-old son to death, was sentenced to eight years in prison Friday, according to the U.S. Attorney’s Office.

Smith had entered a guilty plea of voluntary manslaughter in exchange for a maximum 30-year sentence.

According to his charging documents, Smith admitted to squeezing his baby, Robert Smith Jr., on multiple occasions inside his Petworth home.

Smith Sr. initially denied causing his son’s death, but later told police “I did it,” according to the documents. He told the detective that he squeezed the child to stop him from crying and that he had done this multiple times before.

“Like you squeeze a roll of toothpaste,” Smith Sr. said.

Attorney for Tavon Stewart suggests self defense in homicide case

The attorney for Tavon Stewart, charged with the murder of Rudolph Garris in March, questioned a lead detective in the case Tuesday, suggesting his client acted in self defense.

According to Det. Robbie Warren, who was relaying witness accounts given to him, Stewart, 23, also known as “Juice” got into an argument with 25-year-old Rudolph Garris. The entire incident took place on March 1, in the 4200 block of 6th Street, SE, outside a car where a woman sat in the driver’s seat, and a 7-year-old child in the back. The woman told police, according to Warren, that Garris took off his jacket when he was confronted by Stewart, and was in a stance to fight. Warren believes, according to witness interviews that “Juice” is the man who approached the car, and said “You’re gonna stop disrespecting me…” This, Warren gathered, was referring to a prior incident two weeks ago when Garris was allegedly talking about Stewart to other people in the neighborhood. The woman told police she exited the car and stepped in between the two men and pushed Garris into the passenger seat to diffuse the situation. Warren told the court the woman said, “Juice reached over her and shot [Garris] in the chest,” police said. The woman drove Garris to the hospital after the shooting, but he was pronounced dead. Stewart was arrested on March 24.

Stewart’s attorney questioned the detective about a hammer found 12-15 inches from the curb where the incident occurred. Warren said the hammer belonged to the female witness and was used to keep the hood of her car up. Lawyers on both sides of the case said the witness accounts are inconsistent if Garris used the hammer as a weapon or not.

The 7-year-old witness in the back seat during the incident said Garris had the hammer in his hand, but the woman told police she had not seen Garris with a hammer during the entire interaction.

Stewart’s attorney argued the use of a weapon by Garris is enough of a threat to show that any action against him would be self defense.

The hearing will reconvene on April 8.