Judge Orders Mental Competency Screening For Shooting Defendant

DC Superior Court Judge Neal Kravitz granted a defense counsel’s request for a mental competency evaluation of a non-fatal shooting defendant during a hearing on Aug. 19. Before standing trial a defendant must be mentally competent enough to understand the charges against him and help his lawyer mount a defense.

Mario Kirksey, 35, is charged with assault with intent to kill while armed, assault with significant bodily injury while armed, assault with a dangerous weapon, three counts of possession of a firearm during a crime of violence, and one of unauthorized use of a vehicle. This is in connection to his alleged involvement in a non-fatal shooting that took place at the 1300 block of Okie Street NE on Feb. 28, 2024.

According to the Metropolitan Police Department (MPD) website, Kirksey allegedly demanded property from the victim, but the victim refused and attempted to run away, when Kirksey reportedly shot him.

During the hearing, Kirksey’s attorney, Terrence Austin, asked Judge Kravitz to order a preliminary forensic screening to determine Kirksey’s competency. Austin said he made the request based on his interactions with Kirksey. No objections were made and the evaluation was granted.

Austin also put on the record that he was currently looking for new defense counsel to represent Kirksey, but did not elaborate on why.

Parties are slated to reconvene Aug. 25 for a mental observation hearing.

Shooting Co-Defendants Plead Not Guilty at Arraignment

Two co-defendants accused of a shooting that left a victim in critical condition pleaded not guilty during an arraignment before DC Superior Court Judge Jason Park on Aug. 15.

Vance McIlwain, 33, and Kenneth Johnson, 32, are charged with conspiracy, assault with intent to kill while armed, aggravated assault knowingly while armed, endangerment with a firearm in a public place, two counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, and unlawful possession of ammunition. Johnson is additionally charged with unlawful possession of a firearm with a prior conviction greater than a year.

The charges stem from their alleged involvement in a shooting on Nov. 8, 2024 on the 700 block of Chesapeake Street, SE that injured one individual. The victim was transported to Howard University Hospital in critical but stable condition and suffered from five gunshot wounds–one to his chest, two to his abdomen, one to his left arm, and one to his right ear.

According to court documents, McIlwain is the alleged shooter while Johnson is accused of aiding and abetting the offense.

At the arraignment, McIlwain’s attorney, Lisbeth Sapirstein, and Johnson’s attorney, Matthew Davies informed Judge Park of both defendants’ intention to plead not guilty to all charges and asserted their rights to a speedy trial.

Parties scheduled a trial for November 2026. However, Sapirstein indicated that McIlwain does not expect the case to go to trial, despite there being no current plea offer. The prosecution said they will extend a plea offer for the defendants to consider before the next hearing.

Parties are scheduled to reconvene on Sept. 30.

Judge Condemns Shooting as an ‘American Nightmare’ in Sentencing

DC Superior Court Judge Rainey Brandt sentenced a shooting defendant to 13 years concurrently for what she described as actions that caused what most would consider a nightmare on Aug. 15.

Santos Duarte, 25, pleaded guilty on April 24 to aggravated assault knowingly while armed, assault with a dangerous weapon, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of home or business. The charges stem from his involvement in a non-fatal shooting that occurred on July 5, 2024, at a restaurant and bar on the 3500 block of 14th Street NW. One victim, the restaurant owner, suffered a gunshot wound to the leg.

The prosecution requested that Duarte receive a combined sentence of 15 years of confinement with five years of supervised release. They played CCTV footage of the restaurant shooting for Judge Brandt restricted to the bench since young children were in the courtroom.

Prosecutors stated that the video “spoke for itself” and expressed concern that, despite accidentally shooting himself in the groin area, Duarte chose to re-enter the building and continue shooting.

Duarte previously stated he felt trapped, but prosecutors argued that, based on the facts, the claim was not credible. Although Duarte does not have an extensive criminal history, prosecutors emphasized the violent nature of this charge and as well as a previous conviction.

Defense attorney Camille Wagner requested Duarte be sentenced to nine years of confinement with credit for time served and for the judge to consider imposing the Youth Rehabilitation Act (YRA).

The YRA allows those younger than 25 convicted of certain crimes to have their convictions sealed or cleared if they successfully complete their sentence. The measure also gives the judge flexibility in sentencing.

Wagner argued that on the night of the shooting, Duarte felt mentally trapped. Duarte has admitted to having substance abuse issues and was under the influence that night. He was shot, angry, and emotional, but he understands that re-entering the restaurant was wrong, asserted Wagner.

Wagner described her client as a “family man” who is heartbroken for his own family and the victim. She stated, “We don’t judge someone for what could happen, only what did,” and noted that thankfully no one was fatally injured and the victim has fully recovered.

Wagner urged Judge Brandt to consider every factor while sentencing Duarte and referenced another case of a defendant sentenced to seve-and-a-half years for killing their best friend. She highlighted Duarte’s artistic talent and aspiration to become a tattoo artist.

In a letter read by Wagner, Duarte apologized to his community, stating he “turned it into a war zone.” He thanked his family for their continued support and apologized to the court and prosecutors for his behavior.

Despite stage fright, Duarte spoke briefly after the letter was read, once again apologizing and stating, “I’m standing here before you to accept my consequences.”

Judge Brandt commended Duarte for his dedication and effort to use DC Jail resources positively, though she noted one disciplinary infraction.

She explained that comparing cases is a slippery slope because each case is unique and assessed differently. She ultimately denied Duarte sentencing under the YRA due to the disciplinary infraction, risk of re-arrest, and the recommendation that he complete both substance abuse and anger management treatment.

Wagner argued that the disciplinary infraction, making prison wine, reflects Duarte’s substance abuse issues. Judge Brandt stated there were other reasons detailed in the jail report that she would not discuss to protect Duarte’s privacy.

Judge Brandt described the shooting as similar to an active shooter situation, saying for most people it would be an “American nightmare” to hear gunshots while eating out with friends. She added that, as perverse as it sounds, she was thankful the shooting was targeted and not random.

Judge Brandt ultimately sentenced Duarte to eight years of confinement for aggravated assault knowingly while armed, concurrent with a five year sentence for possession of a firearm during a crime of violence, and five years of confinement for assault with a dangerous weapon, concurrent with one year for carrying a pistol without a license outside of home or business.

Duarte was sentenced to a total of 13 years of incarceration with five years of supervised release. He will also be required to complete substance abuse and anger management programs and register as a gun offender in DC upon his release.

No further dates were set.

‘Domestic Violence Doesn’t Happen Overnight,’ Says Judge Allowing Past Incident Reports

DC Superior Court Judge Rainey Brandt ruled that prosecutors could introduce evidence of a defendant’s past crimes in a domestic violence related stabbing case during a motions hearing on Aug. 15.

James Callen, 41, is charged with assault with intent to kill while armed, assault with a dangerous weapon, aggravated assault knowingly while armed, assault with significant bodily injury while armed, and four counts of felony contempt. The charges stem from his alleged involvement in a domestic violence related non-fatal stabbing that injured one person on July 13, 2024 on the 1600 block of Morris Road, SE.

The contempt charges are in connection to Callen’s alleged violation of the court’s stay-away order by calling the victim four separate times. All charges face an aggravating factor of allegedly being committed during Callen’s release for another matter.

Prior to the hearing, the prosecution filed a motion to present evidence of Callen’s prior crimes during the trial. The evidence prosecutors want to introduce is allegedly past instances of domestic violence against the same victim in this case. Defense attorney Alvin Thomas opposed the request and argued the evidence was irrelevant to the current trial because it occurred months before Callen’s arrest and shared no similarity with the current case.

Thomas asserted that allowing the evidence would unfairly imply, “[Callen’s] done this on other occasions so he’s done it on this occasion.” According to Thomas, no police reports exist regarding the earlier allegations of domestic violence, and prosecutors would rely solely on accounts from the victim and her mother.

Prosecutors argued that the Court of Appeals has consistently ruled prior assaultive behavior relevant in such cases.

The prosecution pointed to two past incidents in which police were called by the victim and noted that one incident generated a formal report, which they already shared with the defense. They added that they were uncertain whether body-worn camera footage of the past crimes exists, but if located, it would be turned over to the defense.

Judge Brand ruled that Callen’s prior instances of domestic abuse could be admitted into evidence to demonstrate motive and intent. “Domestic violence doesn’t happen overnight,” emphasized Judge Brandt.

The judge added that to prevent unfair bias, jurors would receive specific instructions on how to evaluate each charge and the evidence presented.

Parties are scheduled to reconvene on Aug. 22.

Shooter Sentenced to 180 Months For ‘Night of Terror’ Killing

DC Superior Court Judge Danya Dayson sentenced a confessed murder defendant to 180 months, amounting to 15 years in prison, during a hearing on Aug. 15.

Bobby Gupton pleaded guilty to second-degree murder while armed. He and co-defendant James Outland, both 27, had originally committed to a wired plea, meaning both would have to agree to the terms for the deal to be valid.

However, Outland has since asked to withdraw his plea, which the prosecution argued should logically have delayed Gupton’s sentencing. However, Gupton’s lawyers filed a counter-motion.

“The government’s request contradicts the plea agreement’s language. A plea agreement is a contract,” argued the motion.

Though Outland’s case is pending, Judge Dayson agreed and proceeded with Gupton’s sentencing.

Both defendants were charged with the fatal shooting of 54-year-old Tavonayna Glenn on June 28, 2023, on the 700 block of 19th Street, NE. However, the prosecutor painted a much darker picture of what could have happened.

She described the shooting in which some 30 rounds were fired indiscriminately as “horrific.”

“This transformed what should have been a pleasant summer night into a night of terror,” she said.

In reiterating what the prosecutor described as a very strong case, she presented footage of a street scene in which terrified pedestrians were seen fleeing for their lives as the shooters raced down the block with guns blazing.

“We could have been faced with 30 decedents that night,” said the prosecutor. Further, she noted that Gupton was arrested the following day with a different gun than the one used in the murder.

Given the severity of the crime, the prosecutor requested a sentence of 24 years at the top of the DC guidelines.

“The only person he has to blame for this is himself,” said the prosecutor of Gupton’s actions.

Gupton’s attorney, Gregory Lipper, said his client acknowledged the seriousness of his offense but made the right decision to plead guilty and has not wavered. Lipper told the court that despite the murder, Gupton is “more than that.”

He cited Gupton’s commitment to his children and diabetic mother, all the while taking on a demanding job at an Amazon warehouse. Meanwhile, Lipper pointed out that Gupton had a troubled family life with an absent father.

Growing up, Gupton struggled with a learning disability and a speech impediment that hindered his academic performance. Further, he has untreated mental disorders, including ADHD.

While incarcerated, Gupton has taken academic and practical courses at the DC Jail.

“I’d like to apologize for my actions. I’d like to apologize to the victim’s family as well,” Gupton told the court. No victim impact statements were presented during the proceeding.

In passing sentence, Judge Dayson credited Gupton for taking responsibility but said had the case gone to trial with a conviction the sentence could have been much stiffer.

“This type of offense is particularly concerning because it puts so many people at risk,” she said.

For the charge of second-degree murder while armed, she sentenced Gupton to 180 months jail time with five years supervised release. In addition, he must register as a gun offender and pay $100 to the Victims of Violent Crime Fund.

He will be credited for time already served.

Outland’s motion to withdraw will be heard on Oct. 10.

Jail Stabbing Defendant’s Case Dismissed

DC Superior Court Judge Todd Edelman granted a jail stabbing defendant’s motion to dismiss his case during a hearing on Aug.14. Still, the prosecution may not be over.

Travis Haney, 37, was originally charged with assault with intent to kill while armed for his alleged involvement in a stabbing that occurred at the DC Jail on the 1900 block of D Street, SE on Sept. 14, 2024. One person was injured.

Charges were originally brought against Haney on Sept. 26, 2024, and the nine-month deadline to indict has since passed. An indictment is a formal accusation by a grand jury indicating there’s enough evidence to go to trial.

Judge Edelman granted prosecutors a 30-day extension of the indictment deadline on July 11.

During the hearing, the prosecutor requested additional time to issue an indictment, amounting to an 11-month span since the charges were originally filed.

As a result, defense attorney Carrie Weletz motioned dismissal with prejudice, meaning the prosecution cannot retry the case.

Judge Edelman denied the request to dismiss with prejudice meaning the case can be reopened by prosecutors in the future.

No further dates were set.

Murder Defendant Pleads Not Guilty at Arraignment, Trial Pushed to 2027

A homicide defendant pleaded not guilty and asserted his right to a jury trial during an arraignment before DC Superior Court Judge Jason Park on Aug. 15.

Tyquan Jennings, 26, is charged with second-degree murder while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, and carrying a pistol without a license. The charges stem from his alleged involvement in the fatal shooting of 19-year-old Vonte Martin and injury of a second victim on Aug. 19, 2024 on the 3000 block of Stanton Road, SE. Martin sustained two gunshot wounds to his left arm and one to his chest. The second victim suffered from a gunshot wound to the right shin.

During the hearing, Jennings’ attorney, Eliza Buergenthal, informed the court of Jennings’ intent to plead not guilty to all charges and asserted his right to a speedy trial.

Due to scheduling conflicts among prosecutors, defense attorneys, and the court calendar, parties scheduled the jury trial for April 5, 2027. Judge Park expressed hope to advance the trial date if there are opportunities.

Parties are scheduled to reconvene on Sept. 25.

Murder Defendant Pleads Not Guilty to Indictment Charges

A murder defendant pleaded not guilty during his arraignment before DC Superior Court Judge Michael Ryan on Aug. 14.

Darvin Banks, 43, is charged with first-degree murder while armed, five counts of assault with intent to kill while armed, six counts of possession of a firearm during a crime of violence, unlawful possession of a firearm and carrying a pistol without a license outside of a home or business for his alleged involvement in the fatal shooting of William Spriggs, 35. The incident took place on May 22, 2024 on the 4800 block of Alabama Avenue, SE. Spriggs was pronounced dead at the scene.

According to court documents, Banks was indicted on these charges on Aug. 6. He pleaded not guilty to all of the counts.

The prosecution said they are expecting to receive DNA test results in November and asked for a hearing in April of next year to discuss whether or not Banks wishes to do independent testing.

The trial is set to begin in October 2026.

Parties are slated to reconvene on April 3, 2026.

Man Who Stabbed Girlfriend Sentenced to 84 Months

DC Superior Court Judge Jason Park sentenced a man who stabbed his girlfriend in the neck and violated his no contact court order to 84 months on Aug. 13.

Anthony Mason, 57, pleaded guilty on May 15 to assault with a dangerous weapon for his involvement in a domestic violence stabbing on Jan. 26 on the 1100 block of Columbia Road, NW. Mason’s girlfriend at the time sustained injuries during the incident.

During the hearing, Mason pleaded guilty to an additional charge of contempt for violating conditions of his release. Mason wrote a letter to the victim in June despite stay-away and no contact orders filed in January and April.

The prosecution requested Mason be sentenced to the top of the guidelines, which recommended 36-to-78 months of incarceration, based on the violent nature of the crime and his extensive history of violence.

“This is far from an isolated incident,” the prosecutor said.

According to court records, Mason has several cases dating back to 2008, one of which he was convicted for aggravated assault and sentenced to 100 months. That case was also a domestic violence incident.

Prosecutors noted the injuries the victim sustained, saying that one laceration on her neck was severe enough that she had to be sent to a trauma center. According to the prosecutor, the victim still experiences chronic pain from nerve damage sustained during the incident.

The prosecution also asked for a sentence of 180 days for the contempt charge to run concurrently with the assault with a dangerous weapon sentence. They said the victim was scared when she received the letter, worried that Mason was still tracking her.

The defense asked for a sentence of 37 months – notably unusual, defense attorney Darryl Daniels said. He explained, asking that Park impose a sentence of 36 months for the assault charge and a consecutive 30 days for contempt.

Daniels said that in the letter Mason sent the victim, he apologized and said he loves her. He also argued that the victim had a firearm at the time of the incident, which was a reason for Mason’s actions, but not an excuse. Mason repeatedly affirmed to the court that he did not wish to claim self-defense.

“This is markedly different from his prior cases,” Daniels said.

Mason gave a statement to the court, saying that on the day of the incident, he and the victim had been drinking alcohol and taking drugs. He also said he was not on his medication, which helps him calm down. Mason asked to be sent to mental health and substance abuse treatment facilities for part of his sentence.

Judge Park said that considering the severity of the incident and his prior cases, he imposed a sentence at the top of the guidelines for assault with a dangerous weapon, which is 78 months. For the contempt charge, Judge Park also imposed a 180-day sentence to be served consecutively. Mason was also sentenced to three years of supervised release, during which he will be required to comply with drug testing and mental health treatment.

No further dates were set.

Parties in Non-Fatal Shooting Still Bickering over Trial Evidence

A Metropolitan Police department (MPD) Detective continued to testify on Aug. 12 before DC Superior Court Judge Neal Kravitz after questions were raised about whether GPS evidence gathered against two shooting co-defendants was obtained legally.

Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy while armed, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault knowingly while armed, four counts of possession of a firearm during a crime of violence while armed, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm with a prior crime of violence.

Lubin is additionally charged with possession of a prohibited weapon. These counts stem from their alleged involvement in a non-fatal shooting that injured two individuals on the 4600 block of Benning Road, SE, on July 24, 2023.

Judge Kravitz granted Lubin and Young’s motion for severance on Aug. 7 and Young was not present during the hearing.

Initially, the question was whether the GPS information could be taken without a timely warrant. While the judge said that wasn’t legal, the prosecution said they would seek a warrant that would remedy the problem. The judge said he would take the matter under submission.

Lubin’s attorney, Kevin O’Sullivan, questioned a Metropolitan Police Department (MPD) about why the search warrant for Lubin’s cellphone was issued over a month after the phone was originally seized during his arrest. The detective responded that a different detective took care of the search warrant due to his being on vacation.

O’Sullivan also questioned the detective regarding his previous testimony when he said Lubin’s car traveled to Maryland after the shooting and stayed there the rest of the night. O’Sullivan said that’s inaccurate and GPS data showed the car did not stay in Maryland the entire night.

The detective defended his statement and said that the GPS data he received showed the car in Maryland all night until the early hours of the next morning. The detective noted he received the GPS data from the Pohanka Hyundai dealership, where Lubin rented the car that prosecutors allege he used during the incident.

O’Sullivan used Logitrac’s GPS data, a software company in Texas, while the detective’s GPS data was from the Hyundai dealer. The detective said he was not aware of inconsistencies between the two sets of data.

O’Sullivan also questioned the detective about holding Lubin in the interrogation room. He displayed video evidence of Lubin and the detective in the room and noted that the detective left the room for ten minutes and when he returned he arrested Lubin. O’Sullivan argued that the detective was reviewing the evidence to find probable cause to arrest Lubin.

The detective asserted that he already had probable cause and could not recall what he was doing during the ten minutes prior to Lubin’s arrest.

Additionally, the prosecution showed the court video footage from several locations that they allege confirms the suspects descriptions and involvement in the shooting.

The detective noted specific details of the suspect that prosecutors claim is Lubin that are consistent in different videos, including that he wore a blue shirt and matching hat, gray New Balance sneakers, a brown belt, and white markings above his knees that indicate tears in the jeans. The detective also reviewed video footage that showed an individual wearing the same clothes in the front passenger seat of a red Hyundai involved in the incident, tying it to Lubin.

Lubin was said to be renting the red Hyundai at the time of the incident, per the rental agreement provided by Hyundai and prosecution argued video footage from several locations indicate he was the driver of the vehicle. The vehicle is allegedly seen at the location of the shooting before the incident occurred.

O’Sullivan also called an investigative intern from the Public Defender Service (PDS) who worked on plotting the GPS data from the car to the stand. The intern confirmed that based on the data plotted from 11:36 p. m. to 2:30 a. m., Lubin departed Maryland to go to DC and remained around the area until 2:30 a.m. The PDS intern debunked as inaccurate the claim that the Huyndai stayed in Maryland all night.

The prosecution questioned the PDS intern about specific data points, including that the car moved in the direction of the incident address that night around the time of the shooting.

The parties are slated to reconvene on Aug. 25 to continue discussing motions.

Women Charged in Metro Bus Stabbing Counter Prosecution’s Plea Offer

Two stabbing co-defendants are negotiating a potential plea offer before DC Superior Court Judge Neal Kravitz on Aug. 15.

Donea Williams, 31, and Ashley Brown, 27, are charged with assault with intent to kill while armed for their alleged involvement in a non-fatal stabbing on Dec. 8 2024 at the intersection of Minnesota Avenue and 28th Street, SE while aboard a Metro bus. One person was stabbed several times in the head and back resulting in serious injuries.

The prosecution offered a deal where Williams and Brown would both have to plead guilty to assault with a dangerous weapon in exchange for not being indicted on greater charges. The sentencing range for the charge would be 40-to-60 months.

Defense attorneys Peter Cooper and Russell Hairston countered the offer, asking for the prosecution to agree to a sentencing range beginning at 18 months. The prosecution said they will consider the counter offer, but need to discuss it further with their supervisor.

Parties are set to reconvene on Aug. 22.

Trial For 4-Year-Old Murder Pushed to May 2026

Parties in a four-year-old murder case resolved to postpone the trial to May 2026 after disagreements between the defense and prosecution before DC Superior Court Judge Jason Park on Aug. 13.

Joshua Allen, 35, is charged with first-degree murder premeditated while armed, aggravated assault knowingly while armed, assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior crime of violence, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in the fatal shooting of Delonte Johnson, 28, and non-life-threatening injuries to another person on June 11, 2021 on the 4600 block of Hillside Road, SE.

Defense attorney Sara Kopecki informed Judge Park that she intended to file a motion to dismiss the indictment and was not ready to proceed to trial after the prosecution sent her the draft of a video exhibit. Kopecki said the video, which was a compilation of surveillance footage, had the wrong times stamps of the shooting.

Kopecki said the video “egregiously misrepresents” the events, reiterating her request to delay the trial.

She said the error prompted the defense team to review evidence for discovery again and they would not be ready for jury selection, which was scheduled for Aug. 14.

Allen’s trial was originally scheduled to begin in May 2024, according to court records, but has been continued several times since then due to readiness issues and delayed DNA testing reports.

The prosecution argued that the video at the center of Kopecki’s motion was a draft and labeled as such when it was sent to the defense. They said that the error would be corrected before being admitted into evidence.

Judge Park said he did not understand how this issue would affect the defense’s readiness and found no good cause to further postpone the trial, but was sympathetic toward Allen’s request to review evidence again in light of the timing error.

Due to scheduling conflicts of all parties, the trial was pushed to begin in May 2026.

Parties are set to reconvene on Oct. 8.

Document: Police Arrest Suspect in Non-fatal Shooting in Northeast DC

The Metropolitan Police Department (MPD) announced the arrest of 24-year-old Nebiy Boreshe, of Silver Spring, MD, in connection with an assault that occurred on May 12 on the 1900 block of Bennett Place, NE.

Boreshe allegedly discharged a firearm at victims following a dispute, though no injuries were reported. He was apprehended on Aug. 12 and charged with assault with a dangerous weapon (Gun).

Document: Police Arrest Suspect for Non-fatal Shooting in Southeast DC

The Metropolitan Police Department (MPD) announced the arrest of 29-year-old Martez Robinson, who was allegedly involved in a shooting incident on Jun. 6 on the 3400 block of 15th Street, SE.

Robinson is charged with assault with a dangerous weapon (Gun) after allegedly brandishing a handgun at a victim inside a residence and firing towards an unknown group before fleeing the scene.

Document: Police Investigate Fatal Shooting in Northeast DC

The Metropolitan Police Department (MPD) announced they are investigating a homicide that occurred on Aug. 13 on the 3300 block of 15th Street, NE.

The victim, identified as 36-year-old Mignon Massey from Northeast, DC, was found with gunshot wounds and later pronounced dead at a hospital. The case remains under investigation.

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