Defendant’s New Trial Motion In Sex Worker Shooting Denied

A shooting defendant’s motions for a new trial based on undisclosed evidence was denied by DC Superior Court Judge Errol Arthur on March 19.

Jerry Tyree, 46, was found guilty of aggravated assault while armed, possession of a firearm during a crime of violence, two counts of unlawful possession of a firearm with a prior conviction, attempted unlawful possession of liquid PCP, and attempted unlawful possession of a controlled substance. The charges stemmed from a shooting on the 5900 block of Foote Street, NE on Nov. 29, 2023. A female transgender sex worker, sustained injuries to the groin and genitals from the incident.

Judge Arthur read the motion, filed by Tyree’s attorney Sara Kopecki, claiming newly discovered evidence contradicted the victim’s testimony in that on Sept. 10, 2024, the victim testified she was no longer a sex worker. However, on Sept. 23, 2024, the victim filed a police report stating she was threatened while engaging in sex work on Sept. 21.

The prosecution relayed the information on Sept. 25, 2024, one day after Tyree was convicted. The motion claims the prosecution failed to disclose that the victim was still engaged in sex work at the time of trial.

Judge Arthur denied the new trial motion because the new evidence would wouldn’t discredit the victim’s testimony.

According to Judge Arthur, nothing in the record says the victim was engaged in sex work when she testified Therefore, the evidence is “of little to no consequence” and would probably not result in acquittal.

Kopecki responded the prosecution had access to the victim the whole time, and had a duty to determine whether she was performing sex work at the time of her testimony.

Judge Arthur replied that the prosecution does not have an obligation to proactively check up on every witness. However he said, “If this had occurred while the jury was deliberating [and the case was still in progress] we’d be having a different discussion.”

Parties are slated to reconvene April 25.

Homicide Defendant Requests Independent DNA Testing

A homicide defendant chose to do DNA testing on cartridge casings during an IPA Hearing on March 19 guaranteeing his right to an independent analysis of genetic evidence in front of DC Superior Court Judge Jason Park.

Christopher Tyler, 47, is charged with first-degree premeditated murder while armed, possession of a firearm during crime of violence, first-degree burglary while armed, and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of 34-year-old Nolan Edwards at the 4100 block of Ames Street, NE, on July 7, 2023.

One of Tyler’s defense attorneys, Frances D’Antuono, motioned to have evidence from the crime scene independently tested.

According to the prosecution, evidence includes casings found at the arrest location, firearms, blood swabs from the Ames Street address and swabs from an impounded vehicle, a black Ford Explorer, all of which have already been tested by the prosecution.

D’Antuono noted that they will be testing the remaining cartridge casings, and also plan to test the vehicle swabs if possible.

Judge Park approved the defense’s request without objection.

Parties are slated to reconvene Jan. 30.

Document: MPD Investigating Fatal Southeast Shooting

The Metropolitan Police Department (MPD) announced they are investigating a fatal shooting that occurred on March 18. Officers responded to the 3000 block of Martin Luther King Jr Avenue, SE, and found Derrick Howard, 39, of Baltimore, MD, suffering from a life-threatening gunshot wound. Despite efforts to save him, Howard was pronounced deceased. The case remains under investigation.

Document: MPD Arrests Suspect in Unarmed Carjacking in Northeast

The Metropolitan Police Department (MPD) announced the arrest of 22-year-old Derrick Curtis, who was allegedly involved in an unarmed carjacking incident on Dec 30 in the 1600 block of Benning Road, Northeast. Curtis was charged with carjacking after reportedly attacking a victim and fleeing on the victim’s moped, which has since been recovered.

Defendant Hit With Tougher Shooting Charge, Counsel Withdraws

A shooting defendant’s charge was raised to another level in front of DC Superior Court Judge Robert Hildum on March 18.

Michael Alexander, 19, is charged with assault with intent to kill and possession of a firearm during a crime of violence for his alleged involvement in an incident that occurred on the 300 block of S Street, NE, on Feb. 21. One victim suffered a gunshot wound to the ear.

In court, Judge Hildum announced the filing of the amended complaint by the prosecution, to upgrade Alexander’s previous assault with a dangerous weapon charge to an assault with intent to kill count.

Angela Ramsay, Alexander’s attorney, immediately motioned to withdraw from the case. Judge Hildum explained to the court that Ramsay had to stand down as she was not certified to handle the new, more serious charge.

Alexander was re-arraigned and entered a plea of not guilty. Ramsay asked about modified release conditions for Alexander but the request was denied.

Her motion to withdraw was granted.

Parties are slated to reconvene March 24.

Homicide Defendant Rejects Plea Deal

A murder defendant rejected a plea deal before DC Superior Court Judge Danya Dayson on March 19.

Ravon Slye, 32, is charged with second-degree murder while armed for allegedly fatally stabbing his then-girlfriend, 30-year-old Andrea Bond, on March 7, 2023, on the 1100 Block of D Street, NE.

During the hearing, a plea deal was put on the record that would require Slye to plead guilty to voluntary manslaughter while armed in exchange for the prosecution waiving any enhancement charges. The prosecution stated that an appropriate sentence would be 13-and-a-half years.

Slye rejected the plea offer.

Parties are slated to reconvene May 23.

Six Defendant Trial Again Delayed For Defense Motions on Evidence, Jail Separation

A six co-defendant homicide case from 2021 has been further delayed because of new pre-trial defense motions filed on March 19 including a request to end to a forced separation policy at the DC Jail.

William Johnson-Lee, 22, Erwin Dubose, 30, Kamar Queen, 27, and Damonta Thompson, 28, are charged with conspiracy, two counts of premeditated first-degree murder while armed with aggravating circumstances, two counts of assault with intent to kill while armed, and three counts of assault with significant bodily injury while armed, for their alleged involvement in the mass shooting that claimed the lives of 31-year-old Donnetta Dyson, 24-year-old Keenan Baxter, and 37-year-old Johnny Joyner.

Dubose, Queen, and Johnson-Lee each have nine additional counts of possession of a firearm during a crime of violence. Queen and Thompson each gave one additional count of first-degree murder while armed with aggravating circumstances, and Johnson-lee has two more counts of the same charge. Dubose, Queen, and Thompson also each have an additional charge of one or more counts of assault with intent to kill while armed.

Dubose and Queen are each charged with unlawful possession of a firearm with a prior conviction, as well. Dubose has additional charges of premeditated first-degree murder while armed and tampering with physical evidence. Finally, Queen and Johnson-Lee each have an additional charge of carrying a pistol without a license outside a home or business.

The incident occurred on the 600 block of Longfellow Street, NW on Sept. 4, 2021, and left three others suffering from injuries.

Toyia Johnson, 52, and Mussay Rezene, 32, are charged with accessory after the fact while armed and tampering with physical evidence for their alleged involvement in assisting the other defendants in getting rid of the evidence and avoiding getting caught in connection with the case.

Queen and Dubose’s attorneys filed motions to suppress data pulled from their Instagram accounts. They filed these motions after the deadline, however, Judge Kravitz was willing to consider them in light of “good cause.”

Kravitz emphasized the point of judicial efficiency, reasoning that denying the motions may not be the most expedient approach and could result in a constitutional issue based on ineffective assistance of counsel, an eventual appeal, or even a retrial.

The prosecution has until March 21 to file oppositions, and the defense has until March 23 to respond.

Additionally, defendants Queen and Rezene spoke to the difficult living conditions they are experiencing in the DC Jail due to the defendants’ separation order. Queen mentioned that the separation in the highly confined environment is a strain on their quality of life, mental health, and sleep schedule. They asked Judge Kravitz to lift the order.

Kravitz told the defendants that it’s up to the prosecution to lift the restrictions that they had originally imposed. Legally, the prosecution is not required to disclose the separations’ rationale.

“This courtroom is your turf, your honor,” stated Charles Murdter, Thompson’s defense attorney. Murdter emphasized that the court has jurisdiction in this matter and others that affect the defendants.

Michael Bruckheim, Dubose’s attorney, mentioned that the prosecution issued the separation order, which theoretically opens the doors to litigation on the matter. If the DC Jail imposed the separation, then it would not be a court matter.

Kravitz reasoned that the prosecution likely issued the separation order in good faith, and encouraged the prosecution to review the issue and consider if any of the reasons for the separation could be shared in court.

Kravitz then ordered Queen and Dubose’s attorneys to have the specifics of their motions to suppress Instagram evidence and everything derived from the Instagram warrant completely laid out by the end of the day on March 19.

Parties are scheduled to reconvene on March 24 to review the motions.

Prosecutors Say Victim Was ‘A Sitting Duck’ For Target Practice During Closings

The prosecution described the victim in a non-fatal shooting trial as, “A sitting duck [the defendant] used as target practice” during closing arguments before DC Superior Court Judge Carmen McLean on March 18.

Ni’Jhae Curry, 34, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, endangerment with a firearm, two counts of carrying a pistol without a license outside a home/business, and possession of a prohibited weapon for her alleged involvement in a non-fatal shooting on Oct. 17, 2023, on the 900 block of Sycamore Drive, SE. The victim suffered from small lacerations to her face but no gunshot injuries.

During closing arguments, Curry’s defense attorney, Jonathan Love, argued that Curry fired in self defense. Love claimed the victim told Curry she was getting her gun and coming back to kill her, subsequently, Curry returned with a firearm because she believed the victim would already have one. Love maintained that Curry shot up instead of at the victim because she had, “Good self-defense presence of mind.”

The prosecution rebutted “This is not a case of self defense…[Curry] started this, escalated this, and shot.” They pointed to a 911 call from the victim and argued “Why would [victim’s name] be on the phone with 911 if she was planning on coming back and killing the defendant.” They claimed the call is proof Curry did not act in self defense because the victim was the one who called the police, not Curry.

Love asserted that “[Victim’s name] tried to dismiss, deflect, and minimize her involvement.” He claimed the victim was angry at Curry because a previous encounter with Curry at work caused the victim’s unemployment.

Prosecutors said “The victim had put the beef behind her” and maintained that Curry acted out of anger not fear and “anger doesn’t justify self defense.”

Parties will reconvene when the jury reaches a verdict.

Jury Convicts Shooter of Manslaughter at Gender Reveal Party

A jury found a homicide defendant guilty in a killing before DC Superior Court Judge Jason Park on March 19.

Nyjell Outler, 22, was originally charged with first-degree premeditated murder while armed, assault with intent to kill while armed, aggravated assault knowingly while armed, assault with a dangerous weapon, and four counts of possession of a firearm during a crime of violence, for his involvement in the murder of Demetris Johnson, 21, on March 20, 2021 on the unit block of Madison Street, NE at a gender reveal party.

The incident also left another victim injured in both legs. All charges face an aggravating factor of allegedly being committed during Outler’s release for another matter.

Following three days of deliberations, Outler was found guilty of voluntary manslaughter while armed, two counts of possession of a firearm during a crime of violence, and aggravated assault while armed.

During the trial, the prosecution argued that Outler’s actions on the night of the incident were deliberate, unprovoked, and planned. Gemma Stevens and Thomas Key, Outler’s defense attorneys, claimed that he acted in self-defense and was lawfully entitled to meet deadly force with deadly force.

Parties are slated to reconvene May 30 for sentencing.

Non-Fatal Stabbing Defendant Accepts Plea Deal

A non-fatal stabbing defendant accepted a plea deal before DC Superior Court Judge Andrea Hertzfeld on March 19.

Brenda Blanco, 36, was originally charged with assault with a dangerous weapon for her alleged involvement in a stabbing on Feb. 17 on the 3600 block of 14th Street, NW. One person sustained injuries to the face as a result of the incident.

Blanco pled guilty to attempted assault with a dangerous weapon, which carries five years of imprisonment and/or a $12,500 fine. As part of her agreement, Blanco will face no sentencing enhancements or other charges arising from this case.

Judge Hertzfeld presided for DC Superior Court Judge Heidi Pasichow, who is overseeing Blanco’s case but was unexpectedly absent for the proceeding.

Sentencing was set for May 16.

Carjacking Defendant Enters Guilty Plea

DC Superior Court Judge Heidi M. Pasichow heard a defendant’s decision to accept a plea agreement regarding a carjacking during a hearing on March 18.

Mikhail Ashby, 18, pleaded guilty to armed carjacking and possession of a firearm during a crime of violence for his alleged involvement in a carjacking on Sept. 21, 2024, at a parking lot on the 800 block of Southern Avenue, SE.

Through the deal, parties agreed the prosecution would not seek an indictment, and agreed to limit their sentencing request to the bottom of the guidelines based on Ashby’s criminal history score, or the mandatory minimum sentence, whichever is higher.

Ashby’s defense attorney, Lisbeth Sapirstein, requested that the client be sentenced under the Youth Rehabilitation Act (YRA). This act allows a young defendant’s sentence to be sealed if they complete all sentencing requirements successfully. Judge Pasichow ordered a YRA study before sentencing.

Sentencing is slated for June 6.

Shooting Defendant Gets Home Confinement Despite Gun Charges

A shooting defendant was granted home confinement release by DC Superior Court Judge Robert Hildum on March 18, despite past firearm infractions.

Onterrio Wilkinson, 19, is charged with endangerment with a firearm in a public place and unlawful discharge of a firearm for his alleged participation in a crime that occurred on the 1900 block of Half Street, SW on Sept. 28, 2024. The incident allegedly involved multiple parties with guns and left one victim injured.

In court, the prosecution called a Metropolitan Police Department (MPD) detective who demonstrated how discovered Wilkinson was the lead suspect. The detective explained Wilkinson was allegedly at a party two hours prior to the incident wearing a gray sweater, gray pants, and lighter shoes. He compared this to surveillance footage allegedly showing the perpetrator had a build like Wilkinson’s and was wearing similar clothing.

To place Wilkinson at the party, the detective followed a tip from an administrator at Wilkinson’s high school, who after seeing footage of Wilkinson at the party, identified a suspect said to be him to the detective.

Erica Arensmen, Wilkinson’s attorney, argued that the prosecution lacked probable cause. She claimed there were issues with identification, as the detective’s testimony never mentioned the “very obvious” neck tattoo on Wilkinson. She stated that the detective’s comparison of the clothing from the two pieces of footage was “incredibly general and non-specific.” Lastly, she stated that the administrator who gave the tip did not see footage from the shooting, rather from an unconnected party that took place two hours earlier.

Arensmen also implied that Wilkinson could have been acting in self defense, as the detective’s testimony stated that Wilkinson reacted to other gunshots. The prosecution argued that Wilkinson provoked the shooting by allegedly brandishing his firearm.

Judge Hildum credited the testimony of the detective and stated there was adequate identification. He also disagreed with the notion of self-defense, stating that a 19-year-old with an illegal firearm cannot claim self-defense. He found probable cause for both charges.

As for pretrial release, Arensmen told the court that Wilkinson is a senior on track to graduate and is incredibly involved in his community. She asked that he be put on 24-hour home confinement at his home in Hyattsville, Maryland.

The prosecution rebutted, stating that the bail sheet indicates Wilkinson had been charged with possession of a firearm as a minor. Wilkinson’s probation had recently expired just a few months before the incident. Finally, they claimed that another firearm was recovered at the time of the arrest in this case.

Nonetheless, Judge Hildum granted release to Wilkinson on 24-hour home confinement with GPS monitoring at all times. Wilkinson is also not to enter DC or possess a firearm of any kind.

Parties are slated to reconvene March 28.

‘This is What You Left Me,’ Says Victim’s Mother Holding Her Son’s Ashes

A homicide defendant was sentenced to 17 years in prison before DC Superior Court Judge Michael O’Keefe on March 18.

Antonio Johnson, 32, was originally charged with second-degree murder while armed for his involvement in the fatal shooting of 21-year-old Marcellus Jackson on June 20, 2024 on the 4400 block of Hunt Place, NE.

He accepted a deal in which he pleaded guilty to voluntary manslaughter while armed in exchange for the prosecution not seeking an indictment.

The prosecution pushed for the maximum sentence of 17 years, emphasizing that Johnson has five other cases against him and the criminal justice system has continuously failed him. Kevin Mosley, Johnson’s attorney, asked Judge O’Keefe to consider the fact that Johnson accepted responsibility very quickly and showed great remorse.

Jackson’s family attended the sentencing hearing, and his mother, twin sister, and brother attested to the trauma and grief they were going through.

“This is what you left me,” said the mother of the victim, holding up the urn containing her son’s ashes. “I want you to have that same pain.”

No further dates were set.

In Rejecting Plea, Counsel Debates Homicide Defendant’s Mental State at Trial

Dominique Winters, the defense attorney for Christian Johnson, told DC Superior Court Judge Neal Kravitz on March 14 that her client had rejected a plea deal offered by the prosecution and plans to file for dismissal on based on the prosecutor’s conduct.

Johnson, 34, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm by a convict. The charges stem from his alleged involvement in the fatal shooting of 25-year-old Lavonte McCould on Nov. 25, 2021, on the 1600 block of Kenilworth Avenue, NE.

Winters said the prosecution offered Johnson an agreement to plead guilty to second-degree murder while armed. In return, the prosecution would dismiss all other charges in the case and request a sentence of no more than 20-to-25 years in prison.

To support Johnson’s self-defense claim at trial, Winters plans to have a doctor testify about the effects of PTSD, violence and trauma on people’s perceptions of danger.

The prosecution filed a motion to preclude the testimony on the grounds that it isn’t relevant because Johnson hasn’t been examined by the doctor or diagnosed with a trauma disorder.

The prosecution also argued the testimony supports a claim that the defendant suffered from diminished capacity, or mental impairment, which isn’t permitted defense in the DC jurisdiction.

Winters told Judge Kravitz that the case Lalchan v. United States offers precedent for her use of the doctor’s testimony. In Lalchan, a doctor testified about battered woman syndrome without having examined the defendant, who had killed her abusive partner.

The prosecutor argued the Lalchan precedent isn’t applicable to Johnson’s case because Lalchan experienced violence from the person she killed, but any violence Johnson experienced came from someone other than McCloud.

Winters also cited a case in which an appeals court ruled that claiming the defendant suffered from trauma is not a claim that the defendant suffered diminished capacity. Instead, the court found, it’s an argument that self-defense was reasonable to the defendant under the circumstances.

The prosecution objected that Winters hadn’t shown a connection between the doctor’s testimony and her client. Winters said she will, but she doesn’t want to reveal her self-defense strategy to the prosecution in advance.

Judge Kravitz said he would leave the prosecution’s motion to exclude the doctor’s testimony pending until the trial. Winters will be allowed to make a self-defense claim in her opening statement, but failing to support the claim during the trial could have consequences. The judge might not instruct the jury to consider the possibility that Johnson acted in self-defense, and the prosecution might be allowed to comment on her failure during closing arguments.

Winters told the court she plans to file a motion to dismiss the case on the grounds that the prosecution failed to share evidence with the defense. Winters said the charging documents stated Johnson belongs to a criminal organization known as the Kenilworth crew, but the documents supporting that statement have been destroyed.

The prosecutor said the documents were deleted in compliance with a federal regulation requiring the destruction of documents after a certain length of time.

The next hearing in this case is set for March 28.

Judge Says Stabbing Defendant Can Seek Out His Witnesses

DC Superior Court Judge Neal Kravitz approved defense attorney Sara Kopecki’s request for her client, Oliver Gomes, to accompany her investigator in looking for potential witnesses for his trial in a March 14 hearing.

Gomes, 55, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed for his alleged involvement in a non-fatal stabbing that occurred at the intersection of 11th and L Streets, SE, on Oct. 14, 2022.

Gomes is currently on home confinement pending his trial. A representative from the Pretrial Services Agency (PSA) told the court he is compliant with release conditions.

Kopecki told Judge Kravitz her investigator is having trouble locating potential witnesses because Gomes doesn’t know their legal names or contact information, but he knows them by sight.

The prosecutor objected to changing the conditions of Gomes’ release, saying there are other ways to contact witnesses. When Judge Kravitz asked for specific suggestions, the prosecutor mentioned phone or video.

Judge Kravitz instructed Kopecki to get PSA’s approval of the investigator who would accompany Gomes and the times when they would be working together. He said he expected the objective could be accomplished in approximately three trips.

“This is not meant to be a modification of his release conditions. It is meant to be a discrete opportunity or discrete set of opportunities for him to assist in the preparation of his defense,” Judge Kravitz said about Gomes.

Parties are scheduled to reconvene on July 11.

Search