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Dwayne Dillard murder trial vacated less than two weeks before it was set to begin

Among discussion over a key witness in connection to a possible conflict of interest in the Dwayne Dillard murder case, Judge Jose Lopez insisted on “damage control” and ruled to throw out the current trial date.

According to the prosecution, the witness was the complainant in a burglary case last year and was represented by the Public Defender’s Service. As a result, the prosecution says they are investigating a possible conflict of interest, though they didn’t specify what the conflict was.

In turn, Judge Lopez insisted on pausing all proceedings in an effort not to “taint any rulings.”

In the wake of this decision the set trial date was vacated and no new trial date was set. However, all parties are scheduled to meet later in the month in order to assess pending issues in order to fix any new conflicts that arise.

Before all proceedings were paused, major discussion centered on the “Urban gun battle” theory. The theory states that if a defendant is involved in a shoot out when a bystander is killed the defendant can be found guilty if there’s proof that the defendant or one of the other people involved in the shootout fired the fatal shot, according to the D.C. Public Defenders Service criminal law blog.

When the case eventually goes to trial, the prosecution plans to use the theory as the bulk of their case in proving that James Coffield, and co-defendant Shakim Lyons, Jonathan Taylor, and Harry James Herbert are guilty for their alleged participation in Dillard’s shooting death.

Multiple members of the defense team found issue with the theory on the premise of heresy. One lawyer made his case on the belief that anyone in the neighborhood could say they saw his client that area during the time of the shoot out and claim that he was a part of the shooting. The point being that the parameters of this theory would be based on what people in the area saw and not tangible evidence.

Another lawyer found issue with the “gang-style fight” basis of the theory: one group of people battling another. In this portion of the argument, the defense agreed that it was prejudicial and one lawyer in particular noted,”I have problems with that.”

The prosecution defended the theory and stated there would be no mentionings of gangs. Instead, they would prove that the shooting took place over a feud between two neighborhoods: Oxford Manor and Wash View. In order to assert their argument, they would have witnesses testify to identify if the defendants are from a particular neighborhood.

Another defense attorney made a motion to dismiss the theory entirely on the basis that it is unconstitutional.

Judge Jose Lopez refused to determine the constitutionality of the theory and instead said he would rely on the Court of Appeals previous decision and abide by the ruling that the theory is constitutional. Overall the judge ruled in favor of the prosecution and stated, “the government may proceed on that theory.”

Collectively, Coffield, Taylor, Lyons and Herbert are being held without bond as they face second-degree murder while armed.

All four defendants are expected in court April 24 for a status hearing.

For a second time, man charged with murder of Corrina Mehiel ordered held

On the second day of a detention hearing for 28-year-old El Hadji Alpha Madiou Toure, defense attorney Jacqueline Cadman made her argument in favor of the release of her client, though her efforts failed when the judge ruled in favor of the prosecution.

Picking up in her cross examination where she left off on Tuesday, Cadman asked Detective Sergeant Keith Batton multiple questions concerning the credibility of the evidence in this case.

According to police, Toure is responsible for entering 34-year-old Corrina Mehiel’s apartment on March 20 and stabbing her to death. Following the police’s narrative, Toure was seen driving Mehiel’s car and at multiple ATM machines using Mehiel’s bank card and credit card.

Cadman pointed out that the narrative suggests a robbery. However, there were items of value including a tablet and Macbook Pro in plain view in Mehiel’s apartment that went untouched.

The defense also noted there is a lack of tangible evidence placing her client at the scene of the crime. Toure’s DNA was not found in Meheil’s apartment or car and therefore Cadman said her client could not be linked to the murder.

During her line of questioning other possible suspects were mentioned and it came to light that Mehiel’s boyfriend was investigated.

According to Cadman, when police notified Mehiel’s boyfriend of her murder he was “nonchalant”. However, officers found that Mehiel’s boyfriend’s cell site location placed him nowhere near the crime scene so the investigation into him came to a hault.

The person who called in the tip to police about Toure’s alleged involvement was also a topic of discussion. According to Batton’s testimony, the witness lied to police on numerous occasions about when they allegedly came into contact with Toure, and the circumstances surrounding the conversation that Toure had explaining his alleged involvement in Meheil’s murder.

Overall, Cadman said the prosecution had a “weak case.” However, Judge Lynn Leibovitz disagreed.

In her ruling Leibovitz, found there was probable cause in this case and cause to hold Toure.

Leibovitz said the evidence was circumstantial, but consistent in that it portrayed someone who matched Toure’s description repeatedly through surveillance footage in the area of Mehiel’s house, in her car and at multiple ATM machines. Toure’s consistent work history was also factor, because after the alleged murder he no longer attended work, which Leibovitz said showed he no longer needed money.

Leibovitz ordered Toure held without bond based on the details of the case, the danger he presents to the community and his extensive criminal history which included multiple counts of burglary and assault in Tennessee and terrorist activity in Georgia.

Toure faces one count of first-degree murder while armed.

He is expected in court July 6 for a status hearing.

Man who allegedly murdered Tricia McCauley drove around with her body for hours, documents say

After Duane Johnson allegedly killed Tricia McCauley, he drove around Washington in her car, with her body hidden in the back.

According to police, Tricia McCauley went missing last year on Christmas. She was supposed to attend a Christmas Party and texted friends saying she was on her way, but she never arrived.

McCauley was reported missing the following day at which point police found a witness that said they saw McCauley getting into her car around the time the text messages were sent.

During their investigation, police learned of a robbery in which a 25-30 year-old black male, wearing black pants, black tennis shoes, a dark colored shirt and a black jacket stole 15 Dove soaps from a nearby CVS and fled the scene in McCauley’s car.

In the following days police released information about the case to the public. Soon after someone called in a tip stating they saw several black men in McCauley’s car at a CVS on M Street, NW.

Once on the scene police placed Johnson, 29, in handcuffs. Johnson immediately asked for a lawyer, but eventually spoke with police.

When asked about the woman who owned the car, he said they had sex.

Police noted that Johnson “spontaneously” asked, “If someone is suicidal and gives you all their stuff is that illegal?”

Officers later found McCauley in the backseat of her car wedged between the rear and the front seat. According to police, she was unconscious, unresponsive and “cold to the touch.” McCauley was pronounced dead on the scene.

Upon inspection, a medical examiner noted her legs were tied together at the calves with a seat belt, she had on black stockings torn above the knees to her waist as well as torn underwear.

McCauley had blunt force trauma to her back, ligature marks on her neck, bruising to her left hand, both legs as well as vaginal and anal tearing.

Her cause of death was ruled strangulation, blunt force trauma and multiple contusions.
Johnson told police he met McCauley while he was walking on the street. McCauley allegedly offered him a ride and then offered to have sex with him, Johnson said. They had sex, though Johnson could not say where specifically but it was at a “curb somewhere.”

According to Johnson after they had sex, McCauley became emotional and began to act like she was suicidal and eventually hung herself while Johnson was outside the car, though he couldn’t say what she hung herself with.

Johnson told police he then got in the car and proceeded to drive to different stores using McCauley’s credit cards. Along the way he also picked up a prostitute who drove around with him, all the while McCauley was in the backseat.

When asked why he drove around with McCauley in the backseat, Johnson said he “thought she was sleeping and might wake up.” He also told police that before killing herself McCauley told him he could have all of her belongings.

Johnson is being held without bond as he faces first-degree murder charges.

The defendant is expected in court August 8.

Second man charged in Adam Barker murder

After a change in jurisdictions, Traveous Lamont Brown, 27, was presented in court Wednesday, facing charges for his alleged role in the shooting death of a 21-year-old man.

Brown was previously being held in Virginia.

Police say Brown, co-defendant Paul Swann and another unnamed person are responsible for murdering Barker “purposefully and with deliberate premeditated malice” in March 2016.

Brown stood before the court in a FairFax county green jumpsuit as the court clerk read aloud the four counts he and Swann, 24, are charged with.

According to court documents, Brown and Swann are charged with one count of premeditated first-degree murder, possession of a firearm during a crime of violence or dangerous offence, unlawful possession of a firearm with a prior conviction and unlawful possession of ammunition.

In turn, Brown and Swann pleaded not guilty on all counts. The duo are scheduled to go to trial Feb. 28, 2018. By which time, the prosecution said Brown’s ongoing cases in Virginia should be sentenced.

Brown and Swann are expected in court July 14 for a status hearing.

Judge allows government to investigate letters written by murder suspect Andre Joyner

The judge allowed the government to move forward with an investigation of letters written by murder suspect Andre Joyner, in his connection with Jamie Washington’s death.

In court on Thursday, the government told the judge it “will not” use the letters against Joyner, but did not specify why it chose to investigate letters he wrote.

When asked about the evidence of Joyner using drugs and alcohol, the defense told the judge it is not against the law in the District of Columbia to drink alcohol or smoke marijuana.

The judge said the use of evidence will “only relate” to the case. According to the judge, Joyner used ecstasy pills.

In November 2014, police responded to a call on the 700 block of 18th Street, NE, where they found Washington,31, suffering from multiple stab wounds.

Police arrested Joyner in January 2015 and charged him with second-degree murder.

Joyner rejected the government’s plea deal offer last week on one count of voluntary manslaughter for a lower sentencing, and is due back in court for a status hearing on April 26.

Judge denies defense’s request to release murder suspect

The judge denied the defense’s request to release Leonard Smith, who is currently being held for 25-year old Leonte Butler’s alleged murder.

In court Tuesday, Smith’s lawyer Anthony Matthews requested that his client be released because it should have been another person arrested and “not his client.”

According to the government, the first 20 pages of the affidavit indicate that a person included in the warrant, identified as the “third witness” saw Smith stabbing Butler.

Matthews argued this person was on “the scene” when the incident occurred and there was “weak probable cause” in the affidavit to hold Smith. He also said the affidavit does not explain what the third witness was doing.

The judge denied Matthews’ request to release Smith and argued that there is no “condition of release” that would “assure the safety of the community.”

Smith has prior convictions including. According to the judge, Smith has a “number of charges” including threats and has been “issued” a bench warrant at least “four times” the judge said in court Tuesday.

When police arrived on the 4000 block of South Capitol St. SE last month, they found Butler fighting for his life as he suffered from multiple stab wounds. He died at the scene.

Smith is being held without bond and has been charged with second-degree murder while armed. He is expected back in court on April 21.

Court schedules status hearing for Murder Suspect Duane Johnson


The case against the  man charged with the murder of 46-year old Tricia McCauley moved forward Wednesday, and a status hearing has been scheduled for later this year.

Murder suspect Adrian Duane Johnson was not present in court Wednesday, but he is being held without bond.

According to police, McCauley went missing on Christmas day.  Johnson was arrested in connection with McCauley’s death last December and was charged with first-degree murder.

Johnson is due to appear in court on August 8.

Man charged with murder for alleged involvement in an eight year missing persons’ case

Police announced an arrest in the murder of 47-year-old Pamela Butler, eight years after she went missing and was presumed dead.

According to police, Butler was reported missing in February 2009 and her family was later granted a death certificate in July 2016, after she had been missing for seven years.

Police arrested and charged  51-year-old Jose Rodriguez-Cruz with premeditated first-degree murder Saturday.

Cruz is being held without bond and is expected in court April 25 for a preliminary hearing.

Leonard Smith arrested and charged with Leonte Butler murder

Police located and arrested 30-year-old Leonard Martino Smith less than a week after announcing a warrant for his arrest for his involvement in a 26-year-old man’s murder.

According to police, Smith is responsible for fatally stabbing Leonte Butler on March 11. Officers who responded to the scene, the 4000 block of South Capitol St., SE found Butler unresponsive and unconscious. He was pronounced dead on the scene.

Smith was arrested and charged with second-degree murder while armed on Monday.

He will be presented in court for an arraignment hearing Tuesday afternoon.

Co-defendants’ hearing for murder of Robinson Pal rescheduled


Co-defendants Antoine Byrd and Devonte Johnson who were arrested last January in connection with Robinson’s Pal’s death, have been scheduled for a status hearing for later this year.

The government was not present during the hearing Tuesday, therefore the judge decided that no updates can be discussed in court until “all parties” are “present.”

When police arrived at the 1100 block of 17th St. NW last January, they found Pal suffering from stab wounds. He was taken to a hospital and later died from his injuries.

Johnson and Byrd were charged with first-degree murder while armed last February, and are currently being held without bond as they wait for their trial to begin in September.

Byrd and Johnson are expected back in court on June 15th.

Preliminary hearing for man accused of killing his father rescheduled for end of the month


The man who claimed to have killed his father by accident, is scheduled for another court hearing at the end of this month.

The government told the judge Monday, murder suspect Bernard Coleman III had other pending cases and asked that those cases be heard  the same day.

In addition to being charged with second-degree murder while armed for the death of his father Coleman III’s other charges include armed robbery.

The judge denied the government’s request due to a scheduling conflict, but moved the murder case.

Coleman III is being held without bond and due back in court on April 26.

Government requests murder suspect undergo evaluation


Brandon Franklin, the man accused of killing Marvin Stewart, will undergo a mental evaluation before his trial.

Prosecutors told the judge on Monday a the doctor would need at least three months to complete the evaluation.

The defense attorneys argued that they “don’t see” how the evaluation would be relevant to the case. The defense also asked the government to provide information on which test the doctor would perform.

Prosecutors said it “shouldn’t” be forced to show other tests.

Stewart was found by police suffering from stab wounds in January of 2015 on the 700 block of 19th ST. NE.

Police arrested Franklin in connection with the murder and charged him with second-degree murder in January of 2015. Franklin is currently being held without bond and scheduled for a status hearing on May 1.

Prosecution and defense go head to head arguing probable cause in El Toure’s arrest

The man charged with murdering 34-year-old Corrina Mehiel was presented in court Tuesday, for the first time since his arraignment last month.

Tuesday’s detention hearing was devoted to determining probable cause in El Hadji Alpha Madiou Toure’s involvement in fatally stabbing Mehiel in March.

The prosecution called Detective Sergeant Keith Batton to the stand to provide details of the murder discuss Toure’s alleged responsibility in the murder.

While being questioned Batton, who supervised the detectives placed on Mehiel’s case, went through the information provided in Toure’s arrest warrant and provided insight on pieces of the investigation that were left out.

As mentioned in the warrant, officers responded to Mehiel’s apartment on 600 block of 14th St., NE on reports of an unconscious woman. Upon their arrival, police found Mehiel’s lifeless body with apparent stab wounds.

Upon further investigation, Batton pointed out that police found Metrobus surveillance footage from March 20, the day police believe Mehiel was murdered. The footage showed Mehiel loading the trunk of her car in preparation for her journey to her home in North Carolina.

Other surveillance footage from the neighborhood, showed a black male wearing a black shirt, black backpack and ripped light colored jeans heading in the direction of Mehiel’s apartment building.

Almost two hours later, a person in ripped light colored jeans is seen driving Mehiel’s car.

While on the stand, Batton noted that the lead detective on the case said that he believed it was a black male driving the car. However, Batton told the court that he was unable to specify the gender or race of the driver, he could only note that the driver was wearing ripped light colored jeans.

Later the same day, the black male as described previously was seen at a 7-Eleven attempting to withdraw money from an ATM using Mehiel’s bandcard.

In previous documents, police reported that the suspect was able to withdraw five-hundred dollars. However, in court Tuesday the prosecution made a correction and said the suspect was unable to withdraw money, though he didn’t explain why.

With regard to Toure, the detective said Toure was constantly accounted for until the day of the alleged murder, March 20.

According to the detective, Toure consistently stayed at a shelter sponsored by the Catholic Charity program until March 20. Toure was also a dependable worker, until March 20 when he didn’t show up for work for an entire week. Toure returned on March 27, they day of his arrest.

After the prosecution finished with his line of questioning, the defense began their cross-examination.

Defense attorney Jacqueline Cadaman asked the defense whether there was forced entry into the apartment, to which Batton said no.

When asked if there were any reports of a struggle or loud noise, Batton replied that there were not any reports other than that of an unconscious woman.

Cadman also asked if the apartment was in disarray when police arrived, to which Batton replied “no, not really.”

The time of death was another uncertainty brought up in Cadman’s cross. According to the detective, police based Mehiel’s time of death on gap of time between Mehiel being seen loading her car and the person in ripped light jeans driving her car. The medical examiner did not rule on the time of death, according to Batton.

Among other things, Batton mentioned that there was reason to believe there was a clean-up of evidence, which could explain why there was so little blood on the scene.

Cadman also tried to establish that there was a lack of tangible evidence that linked her client to the murder. However, her line of questioning was cut short as Judge Leibovitz had another matter to deal with on her docket.

Leibovitz granted a continuance in the case and rescheduled the hearing to continue on April 13.

Toure is being held without bond and is expected back in court Thursday.

Government refuses to identify key witness as defense grows frustrated in Dwayne Dillard murder case

Defense attorneys for co-defendants Shakim Lyon, Harry Herbert and Jonathan Taylor said they are frustrated with prosecutor’s refusal to identify a witness they believe could prove their clients’ innocence.

In court on Monday, Lyon’s lawyer, Natalie Lawson, requested  the government identify the witness who, according to Lawson, is a person other than “any of the suspects” currently charged with the murder of Dwayne Gene Dillard.

The government refuted the defense’s argument, and said that characterization was “false,” that the witness never said who the shooter was, and they will protect the individual’s identity.

Defense attorneys told the judge they it wants the government to provide “more information” to make sure there isn’t any information “being hidden from the defense in favor of the suspects.”

The defense also requested that one of the witnesses be dismissed from the case because their testimony is “irrelevant,” which the government denied.

Lawson requested her client’s prior conviction not be mentioned to “avoid prejudice” for the jury. Lawson does not want the jury thinking if “he’s been bad before” he’ll be “bad again.” she said of her client.

The judge said he will decide what to rule on if  “it reaches that point.”

All three suspects are being held without bond and due back in court on Wednesday.