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Judge Sentences Shooter Who Killed One Victim and Paralyzed Another

DC Superior Court Judge Todd Edelman sentenced a homicide defendant for a shooting that left another victim paralyzed in a sentencing on Nov. 7.

On April 7, Dawayne Smith, 23, pleaded guilty to second-degree murder while armed and aggravated assault knowingly for his involvement in the murder of Antonio Riley, 44, on the 2300 block of Pennsylvania Avenue, SE, on Oct. 23, 2024. Another individual was paralyzed as a result of the shooting.

During the sentencing, two members of Riley’s family gave statements. His mother told Judge Edelman that Riley’s death “has left a devastating mark” on her life. 

“The only way I see my child is if I visit him in the cemetery,” she said. She explained how her whole life changed after the incident, along with the lives of his two kids. She asked Judge Edelman not to give Smith a “slap on the wrist” like other defendants received, which she said was “a slap in the parents’ face.”

Riley’s sister also gave a statement. She explained that she and Riley would talk “every other day.” She told the judge that her nephew was set to graduate this year, and asked who was going to make sure his tie was straight. 

Riley’s sister told Judge Edelman that Smith “destroyed a big family.” Regarding a sentence, Riley’s sister said that Smith “took the breath from me and my brother,” and that she wanted to do the same to him.

The prosecutor called the murder “callous, brazen, and cold-blooded,” and said that it created a “sea of harm” for Riley’s family, as well as the surviving victim of the shooting who was paralyzed. 

He also discussed Smith’s dangerousness, noting how Smith committed the murder months after completing his sentence for a robbery. He claimed that Smith was “repeatedly putting people in danger,” and that it was “what the court can expect” when Smith is released.

The prosecution reprised Riley’s mother and told Judge Edelman that “some folks get a slap on the wrist, and it’s really a slap to the face.” He asked the judge to sentence Smith to 264 months of incarceration for the murder charge and 72 months for the assault charge.

Defense attorney Madalyn Harvey told the court that Smith was “very much aware of the pain he’s caused.” She responded to the prosecution’s allegations by saying that Smith was “neither callous nor cold-blooded.” She claimed that Smith’s upbringing had been difficult and that people are more likely to imitate and engage with the behaviors that they grow up around.

Harvey asked the court to give Smith hope and claimed that the court’s decision could allow him to be “the better person he’s struggled to be.” Harvey asked for the bottom of the “harsh” sentencing range, which was sixteen-and-a-half years of incarceration.

Judge Edelman credited Smith for accepting the early plea offer before his preliminary hearing. He also noted Smith’s age. Smith “just turned twenty-three” and was even younger at the time of the offense. Judge Edelman said that Smith’s actions and the nature of the offense “reflect that immaturity.”

Despite claiming that Smith’s age “weighs on me,” Judge Edelman said that he had to take into account the “violent and destructive nature” of the offense. He called footage of the murder “staggering,” and said that the first words that came to mind were “execution style.”

Judge Edelman said that “incarceration is necessary” for Smith, citing the brutal nature of the offense and his past criminal history as proof of his dangerousness. 

Judge Edelman sentenced Dawayne Smith to 216 months of incarceration and five years of supervised release for second-degree murder while armed, and 72 months of incarceration with three years of supervised release for the aggravated assault charge. The charges are slated to run consecutively to each other, totaling 24 years of incarceration.

No further dates were set. 

Judge Sentences Homicide Defendants in Family Killing

DC Superior Court Judge Todd Edelman sentenced a homicide defendant and his accomplice, who killed his cousin, in a sentencing on Nov. 7.

On June 6, Darius Robertson, 32, and Antonio Hensley, 33, pleaded guilty to voluntary manslaughter for fatally beating Andre Robertson, 33, at the intersection of the 200 block of 53rd Street and the 5300 block of Clay Terrace, NE, on Oct. 1, 2021.

Through the deal, parties agreed that Hensley should be sentenced between six-and-12 years of imprisonment, while Darius’ sentence would be up to the judge based on the DC sentencing guidelines. 

During the hearing, five members of the victim’s family gave statements. Andre’s mother told the judge that Darius was like her own kid. She told the court that, after the incident, her family had been torn apart. 

“I can barely sleep,” Andre’s mom told the court. She asked for Darius to be incarcerated, saying that Andre’s murder proved that he would do the same to her or anyone else, and that he was dangerous. 

Andre’s father also gave a statement, where he told the judge that “no father should ever have to bury his son.” 

He stated that Andre was a loving father, brother, and son, and that Darius killed him “without any regard” for “the family that loved him beyond words.” He told the court that when someone kills someone, they “take a piece of everyone who loves them.” The father asked the judge to deliver justice for his family.

Andre’s aunt told Judge Edelman that she wanted to “share the deep pain” with the court, and that the loss of her nephew was “unbearable.” She told the judge how difficult his loss was on the family, and explained that his parents had lost their firstborn son, and that her nephew would “never walk his daughters down the aisle.”

Andre’s older sister told the court how their mom “kept” Darius and his siblings from going into the system after their mom passed, and how her family “looked at them like siblings.” 

Andre’s younger sister explained how difficult it was for the same cousin who told her he loved her to kill her brother, and how she looks at family differently now.

The prosecution, after listening to the family’s statements, called the murder “haunting.” The prosecutor claimed that it was the result of both defendants’ extensive criminal history involving a “horrific mix of PCP, guns, and violence.” He noted that Hensley had a drug history and “assaultive conduct” that stretched back several years, and that Darius was similarly involved with PCP and was involved in a violent stabbing a few years prior.

The prosecution acknowledged that both the victim and the defendants were antagonizing each other during the incident, but claimed it was Darius who turned the fight “from verbal to physical.” The prosecutor described how Hensley stomped on the victim’s head and how Darius “struck him repeatedly” as Andre was motionless and “defenseless.” 

The prosecution argued that one of the goals of sentencing was to impose a “just punishment,” and asked that, in light of the family’s statements and the nature of the murder, the judge sentence Hensley to 12 years of incarceration and Robertson to 13 years. The prosecution claimed that there was “no sentence” but the top of the sentencing range that was appropriate.

Defense attorney Michael Madden, on behalf of Darius, claimed that the prosecution had given the court a “very wrong impression of what happened.” 

He argued that Darius had not “had it out” for his cousin, but that there had been 20 minutes leading up to the murder in which Darius had “attempted to extricate himself” and Andre had “pursued him.” He argued that the prosecutor’s claim that Darius threw the first punch was “misleading.”

Madden also described Darius’ repeated assault on the victim, claiming that when the defendant saw the victim on the ground after Hensley struck him, in Darius’ mind, the victim was “still a threat.” Madden asked Judge Edelman to impose  72 months of incarceration for Darius.

Defense attorney Kevin Robertson, on behalf of Hensley, said that Hensley had “no intent” for the murder to happen. “He participated in some ways,” he said, but claimed that there were multiple times where video footage of the murder captured Hensley “standing in the background.”

Kevin asked Judge Edelman to give Hensley a split sentence, where Hensley would serve six years of incarceration and finish the rest of the sentence outside of prison. “The person sitting in front of you is not a murderer,” the attorney said, and Hensley “lives with the trauma of being involved.” 

When prompted by Judge Edelman, Darius addressed the court. He apologized to the court and to his family, and said that he wished his family could forgive him. “I know you’re still healing from the loss,” he explained, but he claimed that he was too.  “I lost a cousin that night,” he said. 

Hensley also gave his “deepest condolences” to the family. He said that he “had no hard feelings” for the victim, and that the incident was an accident.

Judge Edelman described video footage of the murder as “brutal to watch,” and said that it was “even more difficult” knowing that the victim and the defendant were relatives. 

He acknowledged that there was an “element of mutual combat” before the victim’s death, but said that  there was “no mutuality” when the victim was on the ground, and that “both defendants went beyond what could possibly be justified.”

The judge noted that Darius and Hensley pleaded guilty, and were “entitled to some credit for accepting responsibility,” but still held that there was no excuse for the defendants’ actions.

Judge Edelman sentenced Darius to 126 months of incarceration and five years of supervised release, and Hensley to 96 months of incarceration with five years of supervised release for his “lesser role” in the incident and smaller criminal record. 

No further dates were set.

Document: MPD Searching for Southeast Shooting Suspect

The Metropolitan Police Department (MPD) announced they are seeking assistance in identifying a suspect involved in a shooting incident on Oct. 18 in the 3400 block of 15th Street, SE. The suspect fired a handgun at a victim, who was not struck. Surveillance footage of the suspect is available, and the community is urged to provide any information to the police.

Document: MPD Makes an Arrest in Northeast Shooting

The Metropolitan Police Department (MPD) announced the arrest of 35-year-old Hakim Johnson, of District Heights, MD, in connection with a shooting on April 5 on Minnesota Ave, NE. Johnson is alleged to have shot an adult male, who survived and was treated at a local hospital. He faces charges of Assault with a Dangerous Weapon (Gun), Carrying a Pistol Without a License, and Felon in Possession.

Judge Terminates Probation for Defendant Without Housing 

DC Superior Court Judge Carmen McLean terminated an unhoused defendant’s probation despite its being unsuccessful during a Nov. 12 hearing. 

On Nov. 15, 2024, Amare Admasu, 32, entered a plea agreement and was convicted of attempted assault with a dangerous weapon for his involvement in a non-fatal stabbing on the 100 block of Gallatin Street, NE, on May 3, 2022. 

According to court documents, the victim was physically assaulted by Admasu while walking on a National Park Service trail.  

During the hearing, defense attorney Steven Polin argued for the termination of his probation. Judge McLean agreed to terminate the probation as unsuccessful because Admasu served his full sentence regardless of his loss of contact with Court Services and Offender Supervision Agency (CSOSA). 

Admasu was not present during the hearing. Polin waived his client’s right to be present at the hearing. Polin explained that the defendant was living in Maryland without housing and in the midst of a mental health crisis. 

Parties are not slated to reconvene.  

Document: MPD Investigating Reservoir Road Officer-Involved Shooting

The Metropolitan Police Department (MPD) announced an investigation into an officer-involved shooting on Nov. 14 in Northwest D.C. Officers responded to a residential alarm on Reservoir Road, where they encountered 41-year-old Kevin Booker, who was subject to a Civil Protection Order. After Booker allegedly lunged at officers with a knife and screwdriver, an officer discharged his firearm, resulting in Booker’s death. The incident is under investigation by the Internal Affairs Bureau, and involved officers have been placed on administrative leave.

Document: MPD Arrests Suspect in Shooting near Howard University

The Metropolitan Police Department (MPD) announced the arrest of 17-year-old Kaevaughn Dudley, alleged to be involved in a shooting near Howard University on Oct. 24. The incident, which occurred after the Yard Fest event, resulted in injuries to five individuals, including three adult males, one adult female, and one juvenile male. Dudley was charged with Assault with Intent to Kill (Gun) after being identified through extensive surveillance footage analysis.

Undercover Cop Testifies Again in 7 Co-Defendant Conspiracy Case

An undercover officer, who previously testified in a carjacking case, was called in to be cross-examined by defense counsels before DC Superior Court Judge Neal Kravitz on Nov. 17. 

Irshaad Ellis-Bey, 20, Isaiah Flowers, 20, Taj Giles, 20, Bryon Gillum, 20, Jahkai Goff, 21, Jaelen Jordan, 20, and Warren Montgomery, 20, are charged with conspiracy, trafficking stolen property, two counts of armed carjacking, two counts of unauthorized use of a vehicle, four counts of possession of a firearm during a crime of violence, and two counts of robbery while armed. These charges stem from the group’s alleged involvement in a series of armed carjackings and the subsequent distribution of the stolen vehicles between February and May of 2023.

One of the carjackings occurred on Feb. 27, 2023 at the intersection of 20th Street and Sunderland Place, NW. Another carjacking took place at the intersection of K and 8th Street, NE, on April 27, 2023. 

Additionally, Ellis-Bey, Flowers, Giles, Gillum, Goff, and Jordan are charged with two additional counts of unauthorized use of a vehicle, two counts of possession of a firearm during a crime of violence, armed carjacking of a senior citizen, receiving stolen property of $1000 or more, and robbery of a senior citizen while armed. These charges stem from their alleged involvement in a carjacking that occurred on the 600 block of Butternut Street, NW, on May 16, 2023.

Judge Kravitz asked defense counsels whether they planned to raise an argument of entrapment when cross-examining an undercover officer called to testify. Meaning the officer tricked or pressured any of them to commit a crime they otherwise would not have committed. 

Brian McDaniel, the attorney for Jordan, was the focus of this question as his client allegedly sold a stolen vehicle to the undercover officer. The prosecution stated that if he tried to argue that Jordan had been entrapped, they would be forced to rebut it by filing a motion containing evidence of other offenses committed by Jordan. 

McDaniel stated he did not believe the foundation for entrapment was sufficient, and would simply be questioning the witness about inconsistencies in his testimony.

The witness reiterated under cross-examination that he purchased a BMW and a Toyota from Jordan using pre-recorded funds, a tool for investigators to be able to track the money used by undercover officers. The witness stated that he believed the vehicles were stolen, but that he was not present when Jordan was arrested for the sale.

Prosecutors also called an specialist in geo-location data analysis to testify about cell site data related to the co-defendants’ phones. The witness stated that he collected call detail records and data session records for the case. 

The special agent provided a visual representation of his analysis, which consisted of thirty-seven pages of cell site data. Shown in the exhibits were each defendants’ name, their home addresses, as well as a map connecting cell towers to the defendants’ phones. 

The first event was a carjacking that occurred on the 6200 block of Allentown Road in Temple Hills, MD, on Feb. 26, 2023 at approximately midnight. 

A cell site tower site near Camp Springs, MD, depicted activity from one of the defendants’ cell phones between 11:05 and 11:09 p. m., which showed that they were in Camp Springs, Maryland at that time. It was unclear which defendant was using the phone.

The special agent’s testimony will resume on Nov. 18. 

Stabbing Defendant Pleads Not Guilty at Arraignment

A stabbing defendant pleaded not guilty during an arraignment before DC Superior Court Judge Neal Kravitz on Nov. 12. 

Corey Bridges, 31, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury while armed, assault with a dangerous weapon, tampering with physical evidence, and threatening to kidnap or injure a person. The charges stem from his alleged involvement in a non-fatal stabbing on June 7 on the 1400 block of Morse Street, NE. The victim sustained a stab wound to his neck that caused life-threatening damage to an artery. 

According to court documents, Bridges reportedly stabbed the victim with a kitchen knife at a transitional home where they both resided. 

The court arraigned Bridges on the charges against him and his attorney, Molly Bunke, pleaded not guilty on his behalf and asserted his right to a speedy trial.

Parties are scheduled to reconvene on Dec. 19.

Defense Challenges Fairness of Arrest Videos, Search Warrant Evidence

Defense attorney Gretchen Franklin raised objections to the prosecution’s evidence in a carjacking conspiracy case before DC Superior Court Judge Neal Kravitz on Nov. 12. 

Irshaad Ellis-Bey, 20, Isaiah Flowers, 20, Taj Giles, 20, Bryon Gillum, 20, Jahkai Goff, 21, Jaelen Jordan, 20, and Warren Montgomery, 20, are charged with conspiracy, trafficking stolen property, two counts of armed carjacking, two counts of unauthorized use of a vehicle, four counts of possession of a firearm during a crime of violence, and two counts of robbery while armed. These charges stem from the group’s alleged involvement in a series of armed carjackings and the subsequent distribution of the stolen vehicles between February and May of 2023.

One of the carjackings occurred on Feb. 27, 2023 at the intersection of 20th Street and Sunderland Place, NW. Another carjacking took place at the intersection of K and 8th Street, NE, on April 27, 2023. 

Additionally, Ellis-Bey, Flowers, Giles, Gillum, Goff, and Jordan are charged with two additional counts of unauthorized use of a vehicle, two counts of possession of a firearm during a crime of violence, armed carjacking of a senior citizen, receiving stolen property of $1000 or more, and robbery of a senior citizen while armed. These charges stem from their alleged involvement in a carjacking that occurred on the 600 block of Butternut Street, NW, on May 16, 2023.

Prosecutors called in a detective with the Metropolitan Police Department (MPD) to testify. The detective participated in a search warrant on June 6, 2023, at an apartment on the 4400 block of Connecticut Avenue, NW.

It was not stated whose residence– however, the detective later testified that he went into the apartment to recover items that belonged to Jordan. 

The detective’s body-worn camera footage showed him and other investigators as they made entry into the apartment. 

In the video, one of the investigators was seen grabbing a Moncler bubble coat from a closet inside one of the bedrooms. The investigator also confiscated two pairs of white Nike Air Force 1 shoes from the same room. 

Later in the video, the detective mentioned the name of the victim involved in the May 16, 2023 carjacking as he pulled the victim’s ID card from a shoebox inside the bedroom. 

The coat, shoes, and victim’s ID card was brought in as physical evidence in court. 

Upon cross-examination, Jordan’s defense attorney, Brian McDaniel, asked the detective if he and the other law enforcement officers tossed around clothes in the apartment, noting that in the video, the place looked ‘neat’ before the search warrant was executed. 

The detective said that they were responsible for the place being stripped apart, and explained that it is part of the process to make sure that they do not miss any evidence. 

McDaniel also inquired about the coat, pairs of shoes, and victim’s ID card that were recovered from the apartment and asked the detective why those items were specifically confiscated. The detective stated that his case manager guided him and the other investigators on which items to confiscate from the apartment. 

Defense attorney Gretchen Franklin, who represents defendant Flowers, raised an objection to the prosecution’s continuing to show home raids footage and arrest videos of the defendants. 

“Body-worn cameras of arrests and raids are irrelevant and inflammatory. It just shows videos of police with their guns,” Franklin argued. 

The prosecution explained that the admission of home raids and arrest videos shows where the defendants lived in 2023, which they argue will help to connect cell site data. Additionally, the prosecution argued that these videos also give a physical description of how the defendants looked two years ago when they were arrested. 

Judge Kravitz agreed with the defense’s argument of relevance. “There is no relevance in showing the defendants being arrested by U.S. Marshals with their guns and handcuffs,” Judge Kravitz argued.

Judge Kravitz ordered the prosecution to show one picture of each defendant to highlight their physical appearances in 2023. 

The prosecution explained that they also intended to use the defendants’ booking photographs to show how they looked. Franklin made an objection to this as well, arguing that people tend to look ‘angry’ in their booking photographs and that the prosecution has ‘normal’ photos of the defendants that they could use to show their appearances. 

Judge Kravitz stated, “I was told all the trial exhibits were disclosed before trial.” 

“The defense needs to notify the prosecution of their objections instead of wasting the jury’s time,” said Judge Kravitz.

Parties are slated to reconvene on Nov. 13.

Carjacked Veteran Testifies in Seven Co-Defendant Conspiracy Trial

An Air Force veteran testified about being carjacked and robbed before DC Superior Court Judge Neal Kravitz on Nov. 12.

Irshaad Ellis-Bey, 20, Isaiah Flowers, 20, Taj Giles, 20, Bryon Gillum, 20, Jahkai Goff, 21, Jaelen Jordan, 20, and Warren Montgomery, 20, are charged with conspiracy, trafficking stolen property, two counts of armed carjacking, two counts of unauthorized use of a vehicle, four counts of possession of a firearm during a crime of violence, and two counts of robbery while armed. These charges stem from the group’s alleged involvement in a series of armed carjackings and the subsequent distribution of the stolen vehicles between February and May of 2023.

One of the carjackings occurred on Feb. 27, 2023 at the intersection of 20th Street and Sunderland Place, NW. Another carjacking took place at the intersection of K and 8th Street, NE, on April 27, 2023. 

Additionally, Ellis-Bey, Flowers, Giles, Gillum, Goff, and Jordan are charged with two additional counts of unauthorized use of a vehicle, two counts of possession of a firearm during a crime of violence, armed carjacking of a senior citizen, receiving stolen property of $1000 or more, and robbery of a senior citizen while armed. These charges stem from their alleged involvement in a carjacking that occurred on the 600 block of Butternut Street, NW, on May 16, 2023.

The victim in the April 27, 2023 incident stated that he was stopped at the intersection of K and 8th Street, NE in his BMW X6 when a black sedan pulled in front of him and two men in ski masks and armed with guns got out and carjacked him. He stated that he was on his way to work at the time and that a passerby drove him the rest of the way to his office, where she called 911 for him. 

The prosecution entered two videos into evidence which the witness stated depicted the incident itself and his interaction with the police immediately after the event. In the former, he stated that he can be seen exiting the vehicle quickly with his hands raised so he did not appear threatening to the suspects. He stated that the men were young, Black, and between 5′ 8 and 5′ 11 but that he could not identify anything else because of their masks.

The victim stated that he had only been living in the area for six months at the time of the incident, and had previously been living in Germany while in the Air Force.

According to the victim, his car and other belongings were returned approximately one week later by police, but iterated that he never found his personal or work phone.

Stephen LoGerfo, attorney for Montgomery, questioned the victim on whether any of the men were wearing gloves, which the victim said they were not.

Christopher Young, representing Giles, confirmed with the witness that none of the assailants had any long guns and were only using pistols.

Brian McDaniel, attorney for Jordan, questioned the victim on how he could tell the height of the men from the brief time he saw them. He stated that he had made a rough approximation but that the entire incident lasted around 15 seconds. 

He also confirmed that he could not see the driver of the lead vehicle and could not give a description. McDaniel finished his cross examination by asking whether he had ever been asked to identify anyone, which the victim said he had not. 

Daniel Dorsey, counsel for Gillum, confirmed with the victim that neither of the two men involved had a large Nike logo on their clothes.

Prosecutors called in a Metropolitan Police Department (MPD) detective to testify. The detective, who said he worked the carjacking taskforce in May of 2023, participated in a search warrant at an apartment on the 1300 block of Florida Avenue, NE, on May 17, 2023.

The residence belonged to Jordan, according to the detective. 

The detective testified that the property of the victim in the May 16, 2023 incident was found inside Jordan’s apartment. 

The prosecution played the detective’s body camera footage from the search warrant. In the footage, Jordan was seen in handcuffs and at least six other bystanders were seen in the apartment. 

Another officer was seen looking through a white trash bag that was on the floor in Jordan’s apartment. In the trash bag, the officer pulled out a DC license plate. The prosecution asked the detective, “whose license plate is that?” to which attorney McDaniel objected. 

The name of the victim in the May 16, 2023 incident was heard as the officer recovered a pill bottle, wallet, social security card, and a triple-A card in the name of the victim. 

After the video was shown, McDaniel asked the detective if he knew the duration of the search warrant went on before he entered the apartment. The detective testified that he did not know. 

McDaniel also inquired about the white trash bag and asked if it had been searched before the detective entered the apartment. The detective also testified that he did not know. 

Dorsey asked the detective if he interviewed the others who were present at Jordan’s apartment. The detective testified that he interviewed three individuals. Dorsey then asked if Gillum was one of the people he interviewed. The detective said that Gillum was not one of the people he spoke to. 

Prosecutors called an MPD officer that had been involved in the raid on an apartment that recovered multiple firearms allegedly connected to the case. The officer confirmed that a pistol that had been entered into evidence was the one recovered from the raid that day. Cross-examination from McDaniel concerned whether any other officers aside from the witness could have contaminated it before recovery, to which the officer said he was not sure.

Parties are slated to reconvene on Nov. 12.  

Mothers in Family Brawl, Fatal Shooting Testify

Two mothers involved in a family brawl turned fatal shooting took the stand on Nov. 10 before DC Superior Court Judge Danya Dayson.

David Pena, 49, 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 unlawful possession of a firearm. The charges are in connection to Pena’s alleged involvement in the fatal shooting of 24-year-old Maurice Robinson on the 2900 block of Southern Avenue, SE on June 12, 2023.

Prosecutors called Robinson’s mother to testify. She testified that she and the mother of the other young woman involved in the fight were like sisters. She stated that on the evening of June 12, 2023, she received a call from her to meet up, though she did not know why.

When Robinson’s mother arrived, along with her husband, her husband’s brother, Robinson, and her daughter, she learned that there was a confrontation and her niece was going to fight. She stated that no one in her car had any firearms.

When the fighting began, the witness stated that she maced the mother of Pena’s child because she attempted to join the fight.

When the fight moved into the street, the witness stated that at some point Pena was on the ground, got up, and pulled out a gun. She testified that she saw him reach into his pants, her son told her to move, she heard gunshots and then she ran to her car.

The witness stated that Robinson ran as well, but when they reached the parking lot he collapsed because he had been shot. She stated that she put him in the car and sat in the back with him while her husband drove to the hospital. She noted that Robinson was airlifted to another hospital shortly after. According to the witness, she spoke to law enforcement at the hospital and had never met Pena.

In a cross examination by Pena’s attorney, Dana Page, the witness stated that she was not told over the phone that her niece was going to fight. Page noted that in the witness’ grand jury testimony she testified that she was told her niece was going to fight.

When questioned about having mace, the witness stated that she always carries mace on her keychain which she had with her at the time of the fight. Page noted that she was not using her keys because her husband was driving to which the victim agreed.

The witness stated that she doesn’t remember ever mentioning to law enforcement that she had mace or maced anyone. When Page indicated that the witness maced children during the fight, she stated that that was news to her. According to the witness, she did not mace any children.

Page read transcripts from the grand jury in which she had testified to holding Robinson in the back of the car, bleeding, as they rushed him to the hospital. Her clothes and shoes, she had said, were bloodied. 

Page showed images from body-worn camera and surveillance footage taken at the hospital showing Robinson’s mother riding in the front passenger seat of the car and, later, talking to officers with no apparent blood on her clothes. 

“You can see your pink pajamas in the front seat, right,” Page said. “Ok, I was wrong,” Robinson’s mother replied. 

Page further pressed the issue of her reliability as a witness, asking her directly if she hated Pena. 

“You hate Mr. Pena don’t you,” Page said. Robinson’s mother responded that she initially hated Pena but no longer did. Page again turned to grand jury transcripts in which she had said that she had no bad feelings against anyone involved in the case.

Finally, Page turned her examination to an attempted arson at the apartment where Pena and his family lived. Robinson’s mother denied any involvement in the attempted arson, which occurred two days after the shooting. 

Page played an Instagram Live video Robinson’s mother had made the morning after the attempted arson. In the video, the witness can be heard talking about participating in something illegal the night before. 

“I just did some shit last night that I’m supposed to be in jail for now,” she said in the video.

Robinson’s mother denied any connection between her statement and the attempted arson. Judge Dayson instructed the jury to consider the alleged arson incident only insofar as it affected the witnesses’ credibility.

During the hearing, prosecutors also resumed their examination of the mother of Pena’s child, who was present at the scene of the brawl and subsequent shooting.

The witness stated that the first time she spoke to law enforcement she didn’t see who was shooting. She testified that she later told detectives that Pena was the one shooting. According to the witness and prosecutors, in her grand jury testimony she stated that she heard gunshots, but did not see who fired them.

Prosecutors asked whether she saw who fired gunshots to which the witness responded, no. The witness stated that she was initially untruthful because she did not want Pena to get in trouble or be upset with her.

The witness stated that on the date of the incident she saw Pena with a gun as she made her way up the stairs of her apartment after hearing gunshots. She testified that she did not see any other guns or weapons.

In a cross examination by Pena’s orther attorney, Gail Engmann, the witness testified that before the fight she was in the passenger seat of a car located by the sidewalk.

From the car, the witness stated that she could see her daughter get dragged into the street and two men join the fight. She noted that the individual in the car with her was trying to protect her daughter, and Pena was trying to break up the fight.

She stated that she saw someone macing her daughters and, after shots were fired, she and her family ran back inside. The witness testified that when she told detectives that Pena was the shooter she did not mean that she saw him shooting. She stated that she heard gunshots, saw Pena with a gun, and put two-and-two together.

According to the witness, Pena has never been upset with her for telling law enforcement what she knows.

The witness stated that she and Pena were romantically involved, but Pena was out of her life for a period of time. She stated that Pena eventually moved back in with her as she was battling cancer and he later moved across the hall of the apartment building and continued building a relationship with their daughter.

In a redirect by prosecutors, the witness testified that she saw people trying to kick her daughter on the left side of the vehicle she was in and she was out of the car when she heard gunshots.

Prosecutors also called to the stand a forensic pathologist with the Office of the Chief Medical Examiner (OCME) to testify about the injuries Robinson sustained. The witness, who had performed an autopsy on Robinson, explained the nature of the gunshot wounds to Robinson’s back, chest, and arm as prosecutors showed images of wounds to the jury. 

The witness said that the four bullets had entered through Robinson’s back and were not fired at an extremely close range.

Prosecutors also entered two of the bullets recovered from Robinson’s body into evidence.

Before parties retired for the day, prosecutors informed the jury that the defense and prosecution had both agreed to the authenticity of several pieces of evidence in the case without needing to call witnesses to testify about them. 

The two sides had both agreed to the chain of custody over Robinson’s body and both had agreed that Pena had been convicted of a crime punishable by a term exceeding one year prior to the shooting. Additionally, the parties agreed to the authenticity of several enhanced surveillance videos of the brawl and shooting. 

Trial is set to resume Nov. 12.

Stabbing Defendant Released For Want of DNA Evidence

A stabbing defendant was released on Nov. 12 after DC Superior Court Judge Judith Pipe expressed frustration over the prosecution’s delay in obtaining DNA evidence. 

Dennis Doleman, 49, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing on the 300 block of H Street, NE on Aug. 7, 2025. 

During the incident, Doleman is alleged to have stabbed the victim, who was in a mobility scooter, in the hands, face, neck, and back multiple times, according to court documents. 

Judge Pipe showed little patience with the prosecution from the outset of the hearing. She initially denied a prosecutor’s request to speak with her under seal, telling the prosecutor that anything to do with DNA testing should not be discussed in private. 

Judge Pipe later relented and spoke with the prosecution under seal, though she quickly pressed the prosecution about DNA testing after the sealed conversation had ended. 

“Why have you not submitted anything for testing,” Judge Pipe said.

At Judge Pipe’s urging, the prosecution agreed to release the hold on Doleman as they continue work on DNA evidence. 

“You want nine months to do your investigation, great. All you need to do is release the hold,” Judge Pipe said after the prosecution agreed to release Doleman. 

Doleman’s attorney, Todd Baldwin, had unsuccessfully petitioned for his release in two previous hearings, arguing that Doleman acted in self-defense and did not pose a threat to the community. 

Doleman will be required to report regularly for drug testing and stay away from the victim. Prosecutors did not ask for Doleman to be fit with a GPS ankle monitor or maintain a curfew. 

Parties are slated to reconvene Jan. 23.

Defendant Pleads Guilty to Voluntary Manslaughter in Shooting

A homicide defendant accepted a plea deal extended by prosecutors on Nov. 12, before DC Superior Court Judge Todd Edelman 

Keshawn Lavender, 24, was originally charged with first-degree murder while armed, assault with intent to kill while armed, attempted robbery while armed, possession of a firearm during a crime of violence, and conspiracy while armed for his alleged involvement in a robbery and shooting that resulted in the death of Matthew Miller, 32, on the 200 block of M Street, SW on Sep. 6, 2023.

Lavender agreed to plead guilty to voluntary manslaughter while armed in exchange for the prosecution’s dismissing all other charges. Through the deal, parties agreed to a sentence of seven years in prison.

De’Andre Sams, 29, and Raymond Mathis, 38, have also been charged in connection to the shooting. Sams pleaded guilty to voluntary manslaughter while armed on Aug. 14 and was sentenced to 132 months imprisonment on Oct. 17. Mathis is scheduled to begin trial on Jan. 25, 2027.

The prosecution stated that surveillance footage of Lavender entering and exiting the apartment building, as well as traces that were likely his DNA at the site of the shooting, would have proven his guilt had the case gone to trial. They stated that 100 pounds of marijuana were in the apartment the men were attempting to rob.

Judge Edelman accepted Lavender’s guilty plea, but stated that he will determine whether the agreed sentence is appropriate.

Sentencing has been set for Jan. 23, 2026. 

Carjacking Defendant Arraigned, Co-Defendant Late to Court

A carjacking co-defendant was arraigned and pleaded not guilty before DC Superior Court Judge Deborah Israel on Nov. 10. 

Damien Waller, 23, Martrail Cunningham, 27, and Wayne Brown, 22, are charged with armed carjacking, armed robbery, and two counts of possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on the 1300 block of Wallach Place, NW, on Aug. 4, 2024.

Cunningham is also charged with an additional count of carjacking, two counts of possession of a firearm during a crime of violence, armed robbery, and unlawful possession of a firearm by a convict for his alleged involvement in an incident that occurred at the 1300 block of Jasper Place, SE on Aug. 25, 2024. 

During the arraignment, Joseph Fay, Waller’s defense attorney,  pleaded not guilty and asserted Waller’s rights to a speedy trial and requested evidence favorable to the defense from the prosecution. 

Brown recently was appointed a new defense attorney, Brandon Burrell, on Oct. 27, although, according to court records, Brown failed to appear on time for his ascertainment of counsel hearing.

Cunningham’s defense attorney, Darryl Daniels, also told the prosecution that he was open to a new plea deal. Cunningham previously rejected a deal on July 14 that would have required him to plead guilty to two counts of unarmed carjacking and one count of unlawful possession of a firearm in exchange for the prosecution not seeking an indictment. 

Parties are slated to reconvene on Feb. 2, 2026.