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Document: MPD Makes Arrest in Northwest Fatal Hit and Run Crash

The Metropolitan Police Department (MPD) announced the arrest of 17-year-old Kyree Young, who is alleged to have been involved in a fatal hit and run on May 7 at the intersection of 12th and U Streets, NW. The victim, identified as 55-year-old Donnel Bracket Phillips, was struck by a white Hyundai Santa Fe while in a marked crosswalk and later died from his injuries. Young has been charged as an adult with first-degree murder while armed.

Stabbing Defendant Will Represent Himself Claiming Ineffective Counsel

DC Superior Court Judge Carmen McLean on July 8 reluctantly granted a stabbing defendant’s decision to represent himself

Ovid Gabriel, 20, is charged with assault with a dangerous weapon and assault with significant bodily injury. The charges stem from his alleged involvement in an inmate stabbing inside the DC Jail, on the 1900 block of D Street, SE, on March 28. 

Rashid Shabazz, 35, is charged with tampering with physical evidence for allegedly hiding the shank used during the incident.

Shabazz was not present during the hearing.

According to court documents, Gabriel allegedly used a “shank,” a sharp piece of metal wrapped with gauze, to stab the victim multiple times. The incident was captured by a jail surveillance camera.

During the hearing, Gabriel said  he believed his defense attorney, Anthony Dimillo, had provided ineffective counsel.

Judge McLean okayed Gabriel’s motion to represent himself despite a history of requesting new counsel. She ordered  a standby attorney be appointed before trial. 

Judge McLean afterwards discussed the potential of severing Shabazz and Gabriel’s cases due to Shabazz’s repeated failure to show up for hearings,

Parties are set to reconvene on July 10, 9:30 AM.

Co-Defendants Take Plea in 6-Year-Old Homicide Case

Three homicide co-defendants accepted a prosecution offer, pleading guilty to second degree-murder before DC Superior Court Judge Neal Kravitz during a June 27 hearing. 

Tyler Stringfield, 23, Raymond Avent, 24, and Keith Baham, 26, were originally charged with first-degree murder while armed, possession of a firearm during a crime of violence, two counts of destruction of property $1000 or more, fleeing a law enforcement officer, unauthorized use of a motor vehicle, unlawful entry of a motor vehicle, conspiracy, two counts of possession of an unregistered firearm, two counts of unlawful possession of ammunition, two counts of possession of a large capacity ammunition feeding device, leaving after colliding property damage/injury to animal, destruction of property less than $1000, and two counts of carrying a pistol without a license outside a home or business. 

The charges stem from their involvement in the fatal shooting of 23-year-old Rafiq Hawkins on March 23, 2019, on the 1200 block of Brentwood Road, NE. 

The prosecution offer required them to plead guilty to second-degree murder while armed and carrying a pistol without a license, in exchange for the prosecution’s dismissing all other charges.  

Also through the deal, prosecutors agreed to dismiss Avent’s case in which he is charged with assault with a dangerous weapon for allegedly stabbing another inmate on June 3, 2021 in the DC Jail, and Baham’s other case, in which he is charged with assault with intent to kill for his alleged involvement in another jail stabbing on Feb. 16, 2020.

Parties agreed to a sentence of 11 years for Baham, 12 years for Stringfield, and 16 for Avent. 

Sentencing is slated for Sept. 9. 

Judge Denies Release for Stabbing Defendant in Metro Bus Incident

DC Superior Court Judge Jennifer Di Toro denied a July 2 request to release a stabbing defendant. 

Daniel Williams, 42, is charged with aggravated assault knowingly while armed for his alleged involvement in a stabbing that occurred on May 27 at the Minnesota Avenue Metro bus station on the 4100 block of Minnesota Avenue, NE. 

According to court documents, Williams and the victim exchanged heated words on board the bus before the incident. The victim was stabbed in their shoulder and back, puncturing a lung. 

Williams’ defense attorney, Darryl Daniels, requested that Judge Di Toro reconsider Williams’ release for his positive behavior while he has been detained. 

Daniels noted that Williams has no criminal history, and that Williams’ detention has had a negative impact on Williams’ ability to work. 

Daniels said Williams has “done a lot to elevate his life.”

However, the prosecution disagreed, stating Williams’ detention would ensure the safety of the community. They cited that the victim was a stranger to Williams, and the attack was unprovoked. 

Judge Di Toro agreed with the prosecution, adding, “these are serious charges” that are levied against Williams, and the crime is too recent to comment on any positive growth in Williams’ life.

Ultimately, Judge Di Toro denied Daniels requests for release. 

Parties are slated to reconvene on Aug. 11. 

Judge Allows Non-Fatal Shooter’s Probation Despite Condition’s Breach

DC Superior Court Judge Jennifer Di Toro allowed a shooting defendant to remain on probation in a hearing on July 1, after he violated a rule for possession of an open container of alcohol in a vehicle. 

Antonio Harrison, 49, was sentenced to two years of confinement with all time suspended and three years of supervised release for carrying a pistol without a license outside a home or business and attempted assault with a dangerous weapon. The charges stem from his involvement in a shooting on the 700 block of 18th Street, NE, on July 17, 2023. No injuries were reported. 

The prosecution and a representative from the Court Services and Offender Supervision Agency (CSOSA) asked Judge Di Toro to revoke Harrison’s probation for possession of an open container of alcohol in a vehicle. 

Harrison’s defense attorney, Kavya Naini, argued Harrison has kept in close contact with his probation officer, is not a danger to the community, and is employed. She also highlighted that Harrison was not driving the car at the time of the arrest, but was stopped on the side of the road where he was listening to the radio.

Judge Di Toro agreed with the prosecution that Harrison clearly has an issue with alcohol and potentially other substances that needs to be addressed, however, she discharged the hearing and allowed Harrison to continue his probation so he can get appropriate treatment.

There are no further court dates set for this case.

Judge Extends Indictment in Non-Fatal Shooting

DC Superior Court Judge Todd Edelman granted a 45-day indictment extension to the prosecution in a shooting case during a hearing on July 3.  

Demetry Ferguson, 31, is charged with assault with intent to kill while armed and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on Sept. 8, 2024, on the 4400 block of E Street, NW.

According to court documents, the victim was romantically involved with the mother of Ferguson’s child. The victim sustained eight gunshot wounds: two to his left arm, two to his left leg, one to his right leg, and three to his abdomen.

Ferguson is currently on release and his nine-month indictment deadline expired in June. At the hearing, the prosecution requested an extension to the deadline for reasons discussed at the bench under seal.

Judge Edelman granted prosecutors’ request and extended the indictment deadline for 45 days. If prosecutors fail to indict Ferguson before the new deadline then they must drop the case.

Parties are set to reconvene on Aug. 1. 

Judge Issues Bench Warrant for Missing Defendant

DC Super Courts Judge Michael Ryan issued a bench warrant for a no-show defendant on July 2.

Kaevon Sutton, 24, was originally charged with the fatal shooting of 22-year-old Aujee Tyler on March 19, 2018 on the 3500 block of Stanton Road, SE. On March 23, 2023, Sutton was acquitted by a jury of first-degree murder while armed and possession of a firearm during a crime of violence. However, Sutton was convicted of carrying a pistol without a license outside a home or business. 

Judge Ryan sentenced Sutton on Aug. 9, 2023 to four-years-and-11 months with three years of supervised release.

Sutton’s probation officer reported him as non-compliant because he lost contact on June 13. After failing to appear at the hearing, Judge Ryan issued a bench warrant for the defendant.

Parties will reconvene when Sutton is taken into custody. 

Judge Halts Double Murder Plea Amid Claims of Inadequate Counsel

D.C. Superior Court Judge Micheal Ryan declined to proceed with a plea disposition for a double homicide defendant during a July 3 status hearing. 

Kevin Foster, 20, is charged with conspiracy while armed, first-degree murder while armed, second-degree murder while armed, assault with intent to kill while armed, and three counts of possession of a firearm during a crime of violence.

The charges stem from his alleged involvement in two fatal shootings on March 7, 2023, on the 2700 block of Bruce Place, SE, which claimed the lives of 23-year-old Dana Faulkner, and 15-year-old Abdul Fuller, who was shot and killed at the intersection of Mississippi Avenue and Wheeler Road, SE. There was one surviving victim from the shooting on the 2700 block of Bruce Place.

Foster appeared in court with his attorney, Matthew Davies. During the hearing, Judge Ryan was preparing to file a plea rejection from Foster, until Foster expressed dissatisfaction with his attorney’s representation. This prompted Judge Ryan to say he could not find that the defendant had knowingly and voluntarily rejected the prosecution’s offer.

The deal would have required Foster to plead guilty to second-degree murder while armed and assault with a dangerous weapon. In return, the prosecution would have dropped all remaining charges, including first-degree murder and conspiracy, and parties would agree to a sentencing range of 12-to-18 years in prison. 

Prosecutors tried to push the plea rejection, stating that Foster’s dissatisfaction was inconsequential since the plea offer would be taken back regardless. However, Judge Ryan stated that his priority was finding out the reason for Foster’s claims of insufficient counsel.

Foster has since requested a new attorney. 

The case is scheduled for a status hearing on August 15.

MURDER CASE INSANITY DEFENSE WAIVED – FOR NOW

A homicide defendant will not seek an insanity defense as he was found to be mentally competent to stand trial, defense attorney, Steven Kiersh told DC Superior Court Judge Neal Kravitz at a hearing on June 20. 

Gerald Brevard, 33, is charged with first-degree murder premeditated while armed, five counts of possession of a firearm during a crime of violence, three counts of carrying a pistol without a license outside a home or business, two counts of unlawful possession of a firearm by a convict, two counts of assault with intent to kill, aggravated assault, mayhem, unlawful possession of a firearm with prior conviction for a crime of violence, and destruction of property worth less than $1,000 due to his alleged involvement in three incidents. 

The charges stem from his alleged involvement in a shooting and stabbing of 54-year-old Morgan Holmes on March 9, 2022 on the 400 block of New York Avenue, NE, committing a drive-by shooting on March 3, 2022 on the 900 block of Mount Olivet Street, NE which left one person injured, and a shooting on March 8, 2022, at the intersection of 17th and H Streets, NE which left another person wounded.

Judge Kravitz told the parties he plans to undertake a Frendak Inquiry at a future hearing. Both parties agreed to the inquiry. A Frendak Inquiry is a procedure in which a judge decides whether to enforce an insanity defense whether the defendant wants it or not.

Parties are slated to return Oct. 25.

‘This Isn’t How I Want to Live’ – shooting defendant asks for leniency

DC Superior Court Judge Danya Dayson imposed a partially suspended sentence for a shooting defendant on June 27.

On March 14, Marcus Cunningham, 20, pled guilty to assault with intent to commit robbery and carrying a pistol without a license for his involvement in a shooting that occurred in Meridian Hill Park on 17th and Euclid Street, NW on April 23, 2024.

During sentencing, the prosecution described the crime as a “drug deal” gone wrong, adding that the situation could have gone much worse and Cunningham posed a danger to the community. The prosecution stated, “He should’ve never been there in the first place. The victims are probably going to be looking over their shoulder for the rest of their lives.” 

Cunningham’s attorney, Tammy Thom, rebutted the prosecution’s claim that he was a danger to the public. Thom argued that Cunningham had taken measures toward personal advancement by enrolling in a paralegal course at the University of the District of Columbia, seeking treatment for his substance abuse issues, participating in a cosmetology course, and painters course. 

Thom also pointed out that if released, Cunningham would have an abundance of family support, pointing to them in the audience.

“My family has always been my biggest source of support and motivation,” Cunningham told Judge Dayson, pleading to be able to return home. Cunningham also expressed remorse for his actions, stating, “This isn’t how I want to live. I made a mistake at 19.”

Judge Dayson acknowledged that Cunningham had taken responsibility for his actions and tried to use his detention in a productive manner. Additionally, she noted that Cunningham was 19 at the time of the incident and was not the shooter or “architect” in the robbery. 

Judge Dayson granted Cunningham’s request to be sentenced under the Youth Rehabilitation Act (YRA), which allows a young defendant’s conviction to be sealed if they successfully fulfill all sentencing requirements. 

Cunningham was sentenced to 36 months of incarceration with all but 18 months suspended for assault with the intent to commit robbery. In addition, Cunningham was sentenced to 12 months of incarceration, suspended in its entirety, for carrying a pistol without a license. 

Judge Dayson also imposed three years of supervised release suspended in its entirety and 24 months of probation for both charge. Cunningham was ordered to pay $200 to the Victims of Violent Crime fund.

Further, Judge Dayson told the court that Cunningham’s problems stemmed from not keeping himself occupied. She ordered that Cunningham enroll in full-time employment, vocational training, or educational coursework, stating, “You don’t need time on your hands, you need to be busy.”

No further dates were set. 

Judge Denies Motions to Suppress Evidence in Upcoming Shooting Trial

DC Superior Court Judge Jason Park denied multiple defense motions that would suppress the prosecution’s accumulation of evidence leading up to a three co-defendant trial on June 27.

Purnell Jackson, 38, Charles Turner, 38, and Kharee Jackson, 32, are charged with conspiracy, eight counts of assault with intent to kill while armed, three counts of aggravated assault knowingly while armed, unarmed carjacking, nine counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, unlawful possession of ammunition, carrying a rifle or shotgun outside a home or place of business, second-degree burglary, two counts of carrying a pistol without a license outside a home or business, and possession of an unregistered firearm.

The charges stem from their alleged involvement in a non-fatal shooting that occurred on Aug. 24, 2022 on the unit block of Quincy Place, NE that injured three people.

According to court documents, the defendants stopped and exited a vehicle at the intersection of Quincy Place and Lincoln Road, fired at a group of people, and immediately fled the area.

A motion to exclude online evidence from the defendants’ Instagram and Youtube accounts was denied after Judge Park found the accounts contain pictures of the defendants in jewelry and clothing worn during the incident as well as records of messages between the defendants. 

Judge Park stated there appeared to be no issue of relevance in this case given the contents of the evidence. The prosecution will still have to make an argument for the evidence to be admitted at trial.

Turner’s defense attorney, Lauren Morehouse, filed a separate motion for the prosecution to turn over admitted jail call records to the defense. The motion was denied for now as the prosecution may admit further records prior to the trial, which is still a year and a half away. Judge Park indicated he is open to revisiting the motion citing that the efficiency of trial will be helped if the prosecution turns over its records.

A third motion was raised to suppress the search warrants that allowed authorities to collect evidence from the defendant’s personal social media accounts. Defense claimed the warrants were over broad and did not specify the timeframe and contents of evidence sought. Judge Park denied the motion, stating that Purnell Jackson’s accounts provided sufficient probable cause to justify the search warrants as they include evidence of a motive for the attack and for possession of a firearm. He also stated the search warrant requests satisfied the court’s particularity condition.

Parties are set to reconvene on Oct. 17.

2 Defendants, 2 Trials, and Many Lawyers = A Scheduling Nightmare.

DC Superior Court Judge Carmen McLean on June 25 heard a request to sever a joint trial for two men charged with carjacking because of scheduling issues.

Derrick Coltrane, 40, and Ira Shaw-Bates, 22, are charged with unarmed carjacking for their alleged involvement in an incident on June 6 on the 300 block of N Street, NE. 

According to court documents, the victim was standing outside the front passenger door of his car when Coltrane allegedly approached demanding his phone. Shaw-Bates then allegedly approached as well and Coltrane demanded the victim’s car keys while physically searching him. Coltrane and Shaw-Bates allegedly then drove off in the victims car with his wallet and keys.

During the hearing, scheduling conflicts were raised. Initially the issue was that Shaw-Bates was scheduled for trial in another case. The prosecution and Shaw-Bates’ defense attorneys, Damayanti Desai and Varsha Govindaraju, then had availability issues that prevented Judge McLean from scheduling a joint trial with the two co-defendants.

Coltrane’s defense attorney, Lisbeth Sapirstein, then stated her own availability issues that would further delay a joint trial. Coltrane stated that he was not interested in changing his attorney which might have allowed for a trial date to be set.

Citing her defendant’s right to a speedy trail, Sapirstein said she plans to request severance of the Coltrane and Shaw-Bates’ trials. The prosecution responded that they intend to argue to keep a joint trial for the co-defendants.

Parties are scheduled to reconvene on July 15.

Judge faces “catch 22” in stabbing case evidence.

DC Superior Court Judge Carmen McLean questioned her legal authority to release a defendant’s medical records for expert review during a hearing on July 30.

Shawn Dyson, 45, is charged with assault with a dangerous weapon and assault with significant bodily injury for his alleged involvement in a stabbing that took place on the 1400 block of Park Road, NW on Aug. 29, 2023.  

According to court documents, Dyson allegedly got into an argument with the victim. As the argument escalated, Dyson allegedly chased the victim down the street brandishing a knife, then slashing the victim’s left arm, leaving a large wound. 

Dyson’s sister had previously disclosed her brother’s struggles with schizophrenia and Dyson’s defense attorney, Sharon Weathers, raised concerns about her client’s mental health.

As part of the defense, Weathers had arranged for an expert to review Dyson’s mental health records in order to determine their relevance to the case.

This, however, created a challenging issue for Judge McLean because releasing records for external review before their relevance is established is beyond the authority of a Superior Court Judge. At the same time, Judge McLean admitted she is uncertain she can accurately interpret the records and established their relevance without such expert assistance

It’s a situation Judge McLean is familiar with, admitting that she is often required to make decisions without the benefit of expertise. “That’s the situation I’m in now,” she said.

Weathers offered that there was legal precedence for a judge to seek expert counsel in order to determine relevance and Judge McLean suggested possibly briefing the issue, which Weathers is prepared to consider.

Parties are slated to reconvene on July 28. 

Stabbing Defendant Granted Modified Release Conditions

DC Superior Court Judge Maribeth Raffinan granted a stabbing defendant’s request for changes in release in a July 1 hearing.

Lawrence Twisdale, 49, was sentenced to two counts of assault with a dangerous weapon in January 2024 for his involvement in a stabbing that injured two people. This stems from an incident that occurred on Aug. 29, 2021 on the 400 block of P Street, NW.

Twisdale was recently released into the community on June 6, serving two years of probation.

During the hearing, Kavya Naini, Twisdale’s attorney, requested a reduction of Twisdale’s ninety community service hours to ten hours and the removal of GPS monitoring. The request was based on several factors, including reports that Twisdale had been doing well in jail, taking GED classes, going to rehab, and complying with all probation requirements. He also had no violations during his two years on GPS monitoring before sentencing.

Naini explained that Twisdale is seeking employment and is concerned excessive community service might interfere with his job search.

The prosecution had no objection to the proposed changes and deferred to the court’s decision.

Judge Raffinan ruled that while Twisdale had shown improvement, the offense was still significant, and probation condition guidelines were set on the assumption that Twisdale would not face jail time. However, while not granting the full reduction in community service hours, Judge Raffinan ordered a reduction to 30 hours of community service over the two-year probation period, along with the removal of GPS monitoring.

No further dates were set.

Judge Deems Murder Defendant Incompetent To Stand Trial

DC Superior Court Judge Jason Park found a murder defendant incompetent to stand trial on July 2. 

Walter Parker, 48, is charged with first-degree murder for his alleged involvement in the fatal beating of 77-year-old Bernard Williams on April 23 on the 400 block of M Street, SE.

The Department of Behavioral Health (DBH) reported to Judge Park that it evaluated Parker to be incompetent to stand trial on the charge of aggravated assault, unaware the charge had been increased to first-degree murder while armed.

Judge Park ordered Parker transferred to St. Elizabeth’s hospital for a full mental examination and restoration,

Parties are slated to reconvene Aug. 15.