Release Denied for Defendant in 2005 Homicide Case

DC Superior Court Judge Jason Park denied a homicide defendant’s request for release in a detention hearing on April 2.

Michael Wells, 53, is charged with first-degree murder, two counts of possession of a firearm during a crime of violence, tampering with physical evidence, and arson. The charges stem from his alleged involvement in the fatal shooting of 23-year-old Makia Mosby on Nov. 24, 2005, on the 1200 block of Valley Avenue, SE.

According to court documents, Wells and Mosby were foster siblings.

In asking for release, Molly Bunke and Hannah Claudio, Wells’ defense attorneys, pointed to the lack of credibility of the witnesses, a dearth of tangible evidence, and an indeterminate motive to commit the crime. The defense argued that the prosecution has nothing more than a finding probable cause, which is not enough to keep Wells detained until trial.

Additionally, Wells has eight kids, many grandchildren, and held two steady jobs before getting arrested. The defense was willing to work with any conditions of release agreed to by the prosecution.

The prosecution disagreed, saying that the witnesses were credible, Wells had both a motive and an opportunity to commit the crime, and the DNA evidence placed Wells on the crime scene.

Earlier prosecution evidence suggested that Wells allegedly killed Mosby in retaliation for her role in murdering a friend of his.

They mentioned Wells’ criminal history including possession of a firearm, robbery, assault, and drug offenses, and that he has previously broken probation and faced bench warrants for his arrest.

Judge Park acknowledged the community that Wells had built, however, agreed with the prosecution that release of Wells would not be appropriate. He mentioned that the nature of the offense weighs towards detention, given that probable cause has been found for a homicide.

After setting trial dates for May of 2026, the defense asked the prosecution to disclose the identities of some witnesses and other persons of interest so they could dive further into their investigation. The prosecution agreed to disclose the persons of interest, but not the witnesses.

Judge Park ruled that he will not force the prosecution to disclose the witnesses at this juncture, emphasizing that it is a premature request for a trial 13 months away.

Parties are slated to reconvene on Aug. 1.

Judge Denies Mistrial in Homicide Case After Juror Flap

DC Superior Court Judge Rainey Brandt denied a request for mistrial after a juror sent a “bizarre” email to chambers and worried other jurors with his behavior on March 31.

Demonte Gibson, 27, and Asani Forte, 27, are charged with first-degree premeditated murder while armed, conspiracy, assault with intent to kill while armed, assault with a dangerous weapon, three counts of possession of a firearm during a crime of violence, and destruction of property for their alleged involvement in the murder of 34-year-old Delonte King on Nov. 3, 2021, on the 2800 block of 14th Street, NW. Gibson is additionally charged with unlawful possession of a firearm with a prior conviction.

The eighth day of a homicide trial began with Judge Brandt separately consulting each juror about the behavior of one, whom she ended up striking from the panel. The removed juror had sent an unsettling email to Brandt’s chambers late Sunday night, saying that some of the witnesses had been doing things to him.

All parties and Brandt agreed that this was a significant concern, and both sets of defense counsels moved to declare a mistrial after learning the juror talked about his feelings with other jurors.

Brandt denied the request for mistrial, emphasizing that there was no indication that the jury had been tainted by his actions. The trial proceeded as scheduled.

The prosecution called a crime scene analyst who showed a PowerPoint on the build, function, and operation of a semi-automatic pistol for his testimony. He walked the jury through how he identifies bullets that come from the same pistol, drawing the conclusion that 17 of the 21 cartridges found on the scene were from the same firearm.

The trial is scheduled to continue on April 1.

Judge Denies Severance for Three of Five Murder Co-Defendants in Mass Shooting, Robbery of Rapper

DC Superior Court Judge Jason Park denied multiple motions for severance requested by three homicide co-defendants in a high profile case on April 2.

Johnny Wilkins, 34, Marcel Gavin, 37, Kharee Jackson, 31, Earl Robinson, 32, and Darryl Little, 30, are charged with three counts of first-degree murder while armed, premeditated first-degree murder while armed, assault with intent to kill, assault with significant bodily injury while armed, three counts of robbery while armed, nine counts of possession of a firearm during a crime of violence, and conspiracy for their alleged involvement in a mass shooting that resulted in the death of 21-year-old Albert Smith, Jr. on June 14, 2020 on the 1300 block of Congress Street, SE. Three other individuals sustained injuries during the incident. Smith, a Tennessee rap artist, was on a visit to DC when he was attacked.

“Smith was killed, another member of his group was also shot, and two more victims were pistol whipped and robbed by the four other defendants and other members of the Congress Park Group, robbing each of them of approximately $20,000,” according to a 2023 release from the US Attorney’s Office.

Gavin, Little, and Robinson requested severance due to alleged violations of a speedy trial. Judge Park emphasized that the investigation is going to be lengthy and complex, and the trial is expected to last a month. The delays cannot be fully blamed on the prosecution, according to Judge Park.

Judge Park denied severance for the defendants, and furthered the matter towards trial, tentatively set for August of 2026.

Parties are slated to reconvene April 18.

Shooting Defendant Accepts Plea Deal

A non-fatal shooting defendant accepted a plea deal extended by prosecutors before DC Superior Court Judge Judith Pipe on April 2.

Antuan Myles, 19, was originally charged with carrying a pistol without a license outside of a home or business, unlawful discarding of a firearm or ammunition, unlawful discharge of a firearm, endangerment with a firearm in a public place, possession of an unregistered firearm, and unlawful possession of ammunition.

The charges stem from his involvement in a non-fatal shooting that occurred on Dec. 19, 2024, on the 5200 block of Blaine Street, NE. Nobody was injured.

According to court documents, Myles discarded the firearm after the shooting took place.

Myles pleaded guilty to carrying a pistol without a license, unlawful discharging of a firearm, and unlawful discarding of a firearm or ammunition. In exchange, the prosecution will dismiss the remaining charges and waive any enhancement papers.

Parties are slated to reconvene for sentencing July 11.

Shooting Defendant on Probation Charged With Threatening Assault

A non-fatal shooting defendant was rearrested and brought before DC Superior Court Judge Judith Pipe on April 2.

Dakia Thomas, 43, was originally charged with four counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, possession of an unregistered firearm/unlawful possession of a firearm or destructive device, and unlawful possession of ammunition.

These charges stemmed from her involvement in a non-fatal shooting on Dec. 16, 2021, on the 3500 block of Albert Irvin Cassell Place, NE. No injuries were reported.

On Feb. 20, Thomas accepted an agreement to plead guilty to assault with a dangerous weapon in exchange for the dismissal of all other charges. On Aug. 9, 2024, she was sentenced to 60 months, with all of it suspended, three years of supervised release and five years of probation.

During the hearing, the prosecutor stated that while on probation, Thomas was rearrested and charged with simple assault for sending multiple threatening text messages.

Matthew Davies, Thomas’ defense attorney, argued that Thomas should be released given the non-violent nature of the offense.

Judge Pipe stated that she is not inclined to release Thomas, and that her two previous charges are cause for concern. When the hearing concluded, Thomas shouted, “This is bulls**t.”

Parties are slated to reconvene April 17.

‘You’re Not a Mind Reader, Are You?’ Asks Defense Lawyer in Homicide Trial

Defense attorneys attempted to undermine the testimony of two Metropolitan Police Department (MPD) detectives in a murder trial before DC Superior Court Judge Rainey Brandt on April 1.

Demonte Gibson, 27, and Asani Forte, 27, are charged with first-degree premeditated murder while armed, conspiracy, assault with intent to kill while armed, assault with a dangerous weapon, three counts of possession of a firearm during a crime of violence, and destruction of property for their alleged involvement in the murder of Delonte King, 34, on Nov. 3, 2021, on the 2800 block of 14th Street, NW. Gibson is additionally charged with unlawful possession of a firearm with a prior conviction.

Russell Hairston, Forte’s attorney, continued his previous day’s questioning of one detective about how he approached Forte for questioning after the homicide. He asked whether the detective used the phrase ,“We’d like to talk to you” or, “We need to talk to you,” implying that the latter was much more of a demand. The detective couldn’t recall.

Hairston stated the detective approached Forte, asking if he knew about a homicide and Forte said he didn’t know what the detective was talking about. Hairston noted that the detective had not given a specific date of the homicide; the detective testified he assumed Forte knew what he was talking about at the time of their interaction.

“You’re not a mind reader are you? I ask you not to perceive what my client is thinking,” Hairston told the detective.

According to the detective, Forte had initially denied any involvement in the homicide but went along with the interview once the detective told him they had video footage of someone wearing similar clothes to Forte’s at the scene.

Kevann Gardner, Gibson’s attorney, continued his earlier questioning of another detective over the appropriateness of the interrogation room, Gibson’s detention with shackles, and the detective’s alleged failure to read Gibson his Miranda rights before his questioning.

After repeated prosecution objections, Judge Brandt informed the jury they should assume Gibson’s interview conformed to MPD standards. “

“The last thing I’m gonna do is referee the bickering,” Judge Brandt scolded the parties once the jury left the room.

Gardner and Hairston questioned the second detective’s knowledge regarding possible communications between Gibson and Forte leading up to and after the shooting. According to the detective, MPD was unable to verify any.

Prosecutors insisted co-conspirators don’t need to rely on texting or social media to carry out their plans.

Gardner also asked the second detective if, during the investigation, he was aware of several random stabbings King had allegedly committed prior to the homicide including one at a park across the street from the crime scene. The detective stated he was not aware, and is not assigned to that case. Further, a homicide suspect isn’t treated differently even if he is a victim.

Gardner questioned the detective’s knowledge about statements made by an eyewitness to MPD about waiting at a crosswalk for a light to change with two individuals.

Using surveillance footage, Gardner showed the jury and the detective that her testimony was inconsistent because other people weren’t visible at the crosswalk when the shooting occurred.

Parties are slated to reconvene April 2.

Footage Said to Show Shooting Victim Crying For Help

Prosecutors presented evidence in a shooting trial on March 31 including body-worn camera footage of the victim calling for his mother, saying he was shot in the back by a large man in a mask.

DC Superior Court Judge Danya A. Dayson ruled the remark was admissible as an “excited utterance.” meaning it is considered a spontaneous statement of a stressful moment.

Roger Jones, 42, is charged with aggravated assault knowingly while armed, two counts of possession of a firearm during crime of violence, assault with a dangerous weapon, fleeing a law enforcement officer, carrying a pistol without a license outside a home or business with a prior felony, threat to injure or kidnap a person, unauthorized use of a vehicle, and simple assault for his alleged involvement in shooting that occurred on Jan. 22, 2022, on the 1400 Block of Oakie Street, NE.

A Metropolitan Police Department (MPD) officer who was at the scene of the shooting testified that he spoke with the victim and additional witnesses regarding a domestic situation involving Jones earlier in the night.

Two sisters, one of whom had a relationship with co-defendant Riley Benjamin at the time of the crime, shared the title to a silver Ford reportedly connected to this case. Benjamin ostensibly borrowed the car from his romantic partner at the time and she was allegedly able to identify Benjamin on surveillance footage at the crime scene from a shooting that occurred on Feb. 19, 2022. Both sisters testified that before this case, they had never met or heard of Jones.

There was also testimony about a shooting on Feb. 19, 2022, that caused the death of 31-year-old Maurice McRae two months later. Benjamin pleaded guilty to his involvement in both of these shootings on Aug. 30, 2024, and was sentenced to 15 years in jail.

More witness testimony is anticipated.

Judge Delays Murder Hearing to Review Sentencing Question

DC Superior Court Judge Jason Park delayed a preliminary hearing on March 28 to consider correcting or reducing a sentence in a homicide case with a pending plea deal.

Dawayne Smith, 22, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 44-year-old Antonio Riley on Oct. 23, 2024 on the 2300 block of Pennsylvania Avenue, SE.

Judge Park notified the parties that he had received information that Smith was waiving a jury trial along with accepting a plea agreement. He questioned Smith to ensure he understood he was surrendering his rights, that his decision was voluntary and he understood the consequences. Details of the deal were not presented in open court.

Smith’s defense attorney, Madalyn Harvey, brought up an addendum to the agreement that Smith was not waiving his right to file a Rule 35 motion which allows a judge to change or correct an illegally imposed sentence.

The prosecution said this was a surprise and needed time to discuss it before moving forward with the plea agreement.

Judge Park continued the hearing, and parties are expected to reconvene on April 7.

Carjacker Pleads Guilty

A carjacking defendant accepted a plea deal extended by prosecutors before DC Superior Court Judge Andrea Hertzfeld on April 1.

Auzsa Beatty, 29, was originally charged with armed carjacking and possession of a firearm during a crime of violence for her involvement in an incident on the 4800 block of Lee Street, NE on March 11, 2024.

Beatty’s attorney, Lauckland Nicholas, acknowledged they would be entering a plea agreement with the prosecution.

As such, Beatty pleaded guilty to unarmed carjacking, in exchange of the prosecution not seeking an indictment and dismissing all other charges. The prosecution also agreed to cap their sentencing request at seven years of incarceration.

Parties are slated to reconvene on June 23.

Mental Hearing For Convicted Killer Delayed

A shooting defendant’s lawyer said the Department of Behavior and Health (DBH) requested an additional 15 days to complete his client’s mental competency evaluation in a hearing before DC Superior Court Judge Rainey Brandt on March 28.

Ky’lee Palmer, 25, was convicted of second-degree murder while armed, possession of a firearm during a crime of violence, malicious destruction of property, and tampering with physical evidence. The charges stemmed from his involvement in a shooting that killed Barron Goodwin, 60, on the 800 block of 51st Street SE. This incident occurred on Feb. 12, 2020.

To stand trial, a defendant must be mentally able to understand the charges against him and participate in his own defense.

At the hearing, Palmer’s lawyer, David Akulian, said the doctor from DBH doing Palmer’s evaluation needed an extra 15 days. The prosecution agreed but noted that Palmer is presumed competent under the law and should be prepared for sentencing.

Judge Brandt granted the request but stated that Palmer can’t avoid the evaluation in any way because she did not want this matter further postponed.

Parties are slated to reconvene on May 2.

Defendant in a Stabbing Accepts Plea Deal

A stabbing defendant accepted the prosecution’s plea offer in front of DC Superior Court Judge Rainey Brandt on March 28.

James Petticolas, 40, was originally charged with assault with a dangerous weapon for his involvement in stabbing a male victim in the back on the 1400 block of North Capitol Street, NW on May 10, 2024.

At the hearing, Petticolas’ lawyer, Marnitta King, announced his decision to accept the prosecution’s plea deal. The deal required Petticolas to plead guilty to assault with a dangerous weapon and possession of a prohibited weapon in exchange for the prosecution not seeking an indictment.

Parties are slated to reconvene on May 28.

Defense Claims Paralyzed Shooting Victim Uses Drugs, Has Mental Issues

The defense in a shooting of a paralyzed victim raised the victim’s history of substance use as an issue before DC Superior Court Judge Rainey Brandt on March 28.

Damon Bradford, 27, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence, for his alleged involvement in a shooting that paralyzed an individual on Oct. 2 at the 1200 block of North Capitol Street, NW.

During the hearing, Bradford’s attorney, Joseph Yarbrough, stated he had concerns about witnesses in the case, especially the victim, whom they allege uses drugs. Yarbrough also asserted that the victim has a history of psychotic disorders, but an official diagnosis was not been disclosed. Yarbrough requested that the prosecution disclose all evidence and information regarding the witnesses.

Parties are slated to reconvene on Aug. 8.

Judge Grants Stabbing Defendant’s Release Request

DC Superior Court Judge Rainey Brandt agreed to release a stabbing defendant on March 28 after revoking his release in September, 2024.

Dennis Bowler, 56, is charged with assault with intent to kill while armed for his alleged involvement in a stabbing incident on May 24, 2024, on the 3000 block of Rodman Street, NW. One individual sustained injuries during the incident.

During the hearing, Judge Brandt reversed her decision made on Sept. 6, 2024 when she revoked Bowler’s release. Originally, she issued a bench warrant after Bowler failed to appear in court and was accused by the Pretrial Services Agency (PSA) of tampering with his GPS monitor.

However, during this hearing, Judge Brandt ordered Bowler’s release on GPS, stating he must report to PSA, and issued a stay away order from the victim. Judge Brandt made this decision after speaking to both parties under seal.

Parties are slated to reconvene on April 30.

Arraigned on Multiple Shooting Counts, Defendant Claims Innocence

A shooting defendant entered a not-guilty plea in front of DC Superior Court Judge Rainey Brandt on March 28.

Christopher Wise, 34, 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, unlawful possession of a firearm, carrying a pistol without a license outside home or business, possession of an unregistered firearm, unlawful possession of ammunition, and four counts of possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on June 10, 2024, on the 4100 block of Hayes Street, NE. The incident left one person injured.

Wise’s attorney, Janai Reed, alerted Judge Brandt Wise was pleading not guilty and asserted his constitutional right to a speedy trial. Reed also requested that the prosecution provide all outstanding evidence to the defense.

Parties are slated to reconvene on April 22.

‘Nosy Neighbor’ Testifies About Shooting

Witnesses, including a neighbor, testified before a jury evaluating a shooting in DC Superior Court Judge Jennifer Di Toro’s courtroom on April 2.

Lawrence Murphy, 52, is charged with aggravated assault knowingly while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, possession of an unregistered firearm, and unlawful possession of ammunition for his alleged in a shooting that left one victim injured to the wrist on March 31, 2020 on the 1300 block of Queen Street, NE.

A self-proclaimed “nosy neighbor” was called by the prosecution to testify about what she witnessed during a shooting, as she was at home near the incident.

According to the witness, she heard a “pop” from outside her house and went to look through the window, as it “didn’t quite sound like a gunshot, but pretty similar.” The prosecution says the victim was blowing away leaves as part of his lawn care business, when he was shot in the right wrist by Murphy.

She testified she saw a man on Murphy’s porch interacting with another man for a minute in a nearby alleyway. Later that day, she witnessed that man on the porch arrested by officers monitoring the area.

Murphy’s attorney, Alvin Thomas, questioned if the witness had seen that the two men fighting, and she did not interpret their interaction as an argument.

The prosecution also called on a surgeon who worked on the victim after being admitted to the hospital. He confirmed that the victim had multiple fractures in his right wrist, and although it was not a major injury the recovery took four-to-six weeks.

A detective with the Metropolitan Police Department (MPD) testified Murphy was open to answering questions without an attorney during the interview after the arrest.

During the questioning, the detective stated, Murphy was shown surveillance footage from the area at the time of the crime and he identified himself as the man in the video. However, Murphy allegedly told the detective he was at a friend’s house the entire day, making the detective question the statement’s accuracy.

Thomas, in his cross examination clarified that Murphy was extremely confident no firearms or ammunition were in his home.

Parties are slated to reconvene on April 3.

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