Probable Cause Found in Teens Double Homicide

DC Superior Court Judge Todd Edelmann found probable cause July 22 in a double homicide of two teen-agers that prosecutors say could be gang-related.

Sean McFadden, 23, and Royale McGlenn Jr, 19, are charged with first-degree murder premeditated while armed for their alleged involvement in a shooting that occurred on May 23 on the 4200 block of 4th Street, SE. Royell Walker, 16, and Jamar Jackson, 19, were found dead along with a 14-year-old surviving victim.

The prosecution called the lead detective to testify who explained that when he arrived on scene, he initially found Walker and Jackson approximately 100 yards away from each other. The surviving victim was already being taken to the hospital to treat his injuries.

According to the detective, several casings of different calibers were found on scene, indicating that three different guns were used. One gun and a 9mm casing were found near Jackson, which the detective said indicates that Jackson was armed at the time.

After reviewing CCTV footage the detective noticed the victims on scooters circling around the area of the shooting. The video shows two individuals on either side of the street waiting for the scooters to reapproach, then suddenly muzzle flashes show indicting shots are fired.

The detective testified that during the investigation family members were shown photos of McGlenn and McFadden and allegedly identified them as the shooters. Additionally, McGlenn is reportedly linked to a shooting that occurred on May 17, where he was wearing nearly identical clothing. The only difference the detective was able to point out were the shoes the shooter was wearing as the May 23 suspect.

Defense attorney Carrie Weletz questioned the detective about McGlenn’s identification, A witness, who claimed to identify McGlenn as the shooter has a criminal history and substance abuse issues.

The detective stated that he had no knowledge of any substance abuse issues and that the witness appeared sober during the interview.

The witness was also very hesitant while answering during the interview, stating several times that the person did not recognize the individual shown and expressing frustration about the relationship with McGlenn, saying “I don’t like that little boy.”

Several neighborhood criminal street gangs or “crews” in the area are “beefing,” according to the detective, including the 4th and 6th Street crews. He also explained that the 4th Street crew is on the north side of the street, while the 6th Street crew refers to the Cascades apartment complex.

Weletz argued that McGlenn was not associated with either crew, although prosecutors clarified that McGlenn’s girlfriend lives in the area. The detective also stated that one does not have to live in a certain neighborhood to be associated with it.

Defense attorney Howard McEachern argued that McFadden is not seen in the video footage at the time of the shooting. The only thing that is seen is a figure dressed in black that is allegedly McGlenn and several muzzle flashes. In CCTV footage, you can see the two shooters jump back as if something startled them.

McEachern stated that ShotSpotter alerted police of 18 shots fired, while there were 16 casings found, insinuating that shots could have been fired from somewhere else.

Judge Edelman explained that the probable cause standard is very low, but family member identifications, testimony from the detective and McGlenn’s potential involvement in another shooting were enough to meet that standard. He found probable cause despite acknowledging that there are several weaknesses in the case, stating “the motive is vague at best.”

Judge Edelman also determined that there are no conditions or combination of conditions of release that would protect the community, even though McGlenn is only 19, working towards his GED and McFadden has a son.

Both defendants are detained pending trial.

Parties are expected to reconvene on Oct. 17.

Judge Finds Probable Cause in Homicide Despite Self-Defense Claim

DC Superior Court Judge Jason Park found probable cause in a preliminary hearing for a fatal shooting defendant in spite of a self-defense claim on July 23.

Maurice Gaskins, 47, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of Deandre Lewis on June 27 on the 4200 block of 4th Street, SE. Lewis was found on the threshold of a building with a bullet in his left temple.

According to court documents, the incident occurred in the hallway of the defendant’s former apartment building. The victim was leaving the building accompanied by the only eyewitness who was carrying the child she shared with Gaskins when the defendant approached with a firearm and allegedly delivered the kill shot.

Defense Attorney Kevin Mosley said the defendant was clearly saying, “stop” as he moved forward.

The lead Metropolitan Police Department (MPD) detective testified that he conducted a three-hour interview with the eyewitness, where she claimed that she heard the Gaskins say, “stop reaching,” as he approached the two individuals allegedly firing outside of the view of surveillance cameras.

In addition to the detective’s testimony, the prosecution also admitted a crime scene photo of Lewis’ body showing a firearm with the gun’s magazine visible above his waistline.

The detective admitted that he did not know if the firearm was moved or if it was found in the same position as it was at the time of the shooting.

One 9mm casing was found on scene but no additional rounds were located.

During the cross examination of the detective, Mosley focused what was not captured by surveillance cameras.

While one video appears to capture the defendant walking toward the victim and the witness, there is nothing that shows what Lewis was doing when he was the shot saying he acted in self-defense of his family.

Lewis was allegedly standing next to Gaskins’ son and the child’s mother, while reaching for something in the waistband of his pants. The defendant sprung to action, according to Mosely, to protect his family.

The prosecution argued Gaskins should be charged with second-degree murder while armed in that the evidence does not support mitigating circumstances or self-defense, noting that there was no apparent argument or dispute that led to the shooting.

Mosley focused on Lewis’s possession of a weapon and Gaskins was telling Lewis to “stop reaching.” He stated that a person does not have to wait for a gun to be out to be acting in self-defense.

Judge Park found probable cause ruling that while there is some evidence to support the notion of self defense, the weight of evidence indicates a jury is likely to convict Gaskins of the crime.

Judge Park ruled Gaskins will remain detained.

Parties are slated to reconvene Oct. 17.

Elderly Defendant Re-Released After Flaunting Court Conditions

A defendant with a long substance abuse history was released again on July 23, following execution of a bench warrant for multiple missed hearings.

Billy Williams, 68, is charged with assault with a dangerous weapon, assault with significant bodily injury, threat to kidnap or injure a person while armed, and panhandling-aggressive for his alleged involvement in a stabbing that injured one individual on Dec. 7, 2023. The incident occurred at the intersection of Rock Creek Parkway and Virginia Avenue, NW.

Williams has a history of avoiding court appearances particularly skirting drug monitoring as part of his pre-trial release requirements.

“I am not going to stop using,” he said at the last hearing he attended.

The prosecution had asked for a step-back on Williams’ previous conditions, with a return to custody prior to trial. But, the defense said that Williams’ age and underlying health conditions were grounds for his release.

DC Superior Court Judge Judith Pipe made the decision to grant Williams’ continued release, after being held without bond for less than 24 hours. She cited Williams’ scant criminal history with only one notable prior offense that dated back to 1973.

However, she made sure Williams understood that prior conditions on his release would still be imposed, including GPS monitoring.

“You need to be aware of your release conditions,” said Judge Pipe.

Judge Pipe returned the case to DC Superior Court Jennifer Di Toro, whose cases she had been handling on a stand in basis.

“I am not going to do any running, you can find me,” said Willimas as he was escorted by marshals and helped up the stairs to the holding area outside of the courtroom.

Parties are set to reconvene on Aug 6.

Defense Wins Effort To Exclude Evidence in a Shooting Case

Two defense motions that could influence the outcome of a non-fatal shooting case were granted by DC Superior Court Judge Neal Kravitz on July 23.

Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault while armed, four counts of 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 with a prior crime of violence.

Lubin is also charged with possession of a prohibited weapon. These counts stem from their alleged involvement in a non-fatal shooting that injured two on the 4000 block of Benning Road, SE, on July 24, 2023.

Both motions, filed by Kevin O’Sullivan, Lubin’s attorney, asked for the exclusion of evidence and witness testimony.

The first motion involved Lubin’s supposed flight from detectives a few days after the shooting was granted with no argument from the prosecution. According to the motion, Lubin was not aware that he was a suspect for the July 24 shooting when detectives followed him in an unmarked car.

The detectives also did not approach Lubin at the time.

The other motion to strike witness opinion testimony was also granted. The defense claims the officers, who received the 911 phone call in response to the incident weren’t familiar enough with Lubin’s appearance to reliably identify him.

The defense supported the claim with surveillance footage that showed the “suspect’s appearance in the video is so hopelessly obscure”.

The prosecution is planning to call an expert witness to testify about cell site location and GPS data from the day of the shooting which has been subject to delay.

Parties are slated to reconvene on July 28.

North Capitol Murder Defendant Rejects Plea Offer

A murder defendant scheduled for trial before DC Superior Court Judge Rainey Brandt at the end of the month rejected a plea deal on July 23.

Franklin Dorn, 45, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of Antonio Brown, 28, on Aug. 6, 2023 on the 1200 block of North Capitol Street, NW.

According to court documents, surveillance footage shows an individual, who prosecutors claim is Dorn, and another unidentified suspect getting in a physical altercation.

In the footage, the individual identified as Dorn pulls out a gun and attempts to hit the other suspect. The suspect falls on the ground and pulls out a gun. The footage shows Brown behind Dorn, the other suspect shooting in their direction, and Brown falling backwards. Dorn, the other suspect, and witnesses run away.

During the hearing, the prosecution placed a plea offer on the record for voluntary manslaughter. Dorn’s defense attorney, Kevin Irving, rejected the plea offer, stating the defense has a counter offer which was not specified in court.

Parties are scheduled to reconvene on July 31.

Bench Warrant Returns Carjacking Defendant to Court, Denied Release

A carjacking defendant was denied release following probation violations in front of DC Superior Court Judge Deborah Israel on July 23.

Asia Barber, 30, pleaded guilty on Feb 23, 2024, to robbery and unauthorized use of a motor vehicle. The charges stem from her involvement in a carjacking incident that took place on the 4000 Block of Wisconsin Avenue, NW on June 19, 2023.

Barber’s defense attorney, Colin Dunham, requested that Barber be released on GPS monitoring due to recent health issues so she could take part in drug treatment.

However, Judge Israel rejected the defense argument, noting Barber was not in contact with her probation officer, was the subject of a bench warrant, and was only in court because she was rearrested.

“Straight release in the community isn’t gonna fly” Judge Israel stated.

Judge Israel also said the defense must come up with a plan for inpatient drug treatment that was acceptable to court officials.

Parties are slated to reconvene Aug. 21.

Attorney Wants Minimum Sentence for Carjacking Defendant

A defense attorney requested the minimum sentence for a carjacking defendant carjacking during a sentencing hearing before D.C. Superior Court Judge Judith Pipe on July 18.

Daquan Jackson, 28, was convicted of unarmed carjacking and possession of a firearm during a crime of violence. The charges stemmed from a March 3 incident on the 1000 block of H Street NE, in which Jackson attempted to take a scooter from the victim.

The prosecution requested that Jackson receive 36 months of incarceration with three years of supervised release. They stated that police were stopped at a red light when the incident occurred and were able to intervene before the carjacking was completed.

Prosecutors also said Jackson has not been compliant with conditions of release in the past. In 2018, he was charged with escaping federal custody in U.S. District Court for refusing to return to a halfway house while on probation.

Jackson’s defense attorney, Sarah Kopecki, asked Judge Pipe to impose the minimum sentence of 18 months of incarceration with three years of supervised release. She said Jackson lacked parental care during his upbringing and recently witnessed the killing of a close childhood friend, but the combination of this case and other charges has struck a chord with him.

Kopecki argued that, if Jackson were released, she believed he would abide by his conditions of release. She cited his cooperation with the court in another case, in which he testified before the grand jury, and the support he receives from his fiancée, who was present in the courtroom.

Jackson apologized for his actions and thanked his fiancée for her support.

Judge Pipe stated that this was not the worst case she had presided over, noting that the victim was never fully pushed off the scooter. However, she expressed concern over Jackson’s extensive criminal history. She sentenced him to 24 months of incarceration with three years of supervised release and ordered him to pay $100 to the Victims of Violent Crimes Fund.

Defense Fights Prosecution Video in Metro Shooting Case

Defense attorneys objected to the prosecution’s editing of surveillance video footage and their late disclosure of evidence during a trial before DC Superior Court Judge Danya Dayson on July 17.

Demann Shelton, 32, is charged with three counts of assault with intent to kill while armed, assault with significant bodily injury while armed, three counts of assault with a dangerous weapon, seven counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. The charges stem from an incident in which the suspect allegedly aimed a gun at a group of five people, then opened fire, injuring one victim, on Nov. 9, 2020, near the busy Columbia Heights Metro Station on the 3000 block of 14th Street, NW.

Shelton’s defense attorneys, Emma Mlyniec and Emily Sufrin, argued that the surveillance video footage shared by the prosecution on July 16 should have been turned over months earlier, when the defense first requested available video. The footage purportedly showed that the Metropolitan Police Department (MPD) officer who testified he was looking at the defendant when the first shot was fired had actually been looking the other way.

The prosecution argued they were not aware then that the footage had been preserved. They also claimed that only one video captured the shooting, while Mlyniec and Sufrin claimed multiple videos existed and accused the prosecution of misrepresenting the footage. They requested the judge issue a jury instruction addressing the apparent failure to preserve evidence and disclose all available video.

When the jury returned, Judge Dayson informed them the prosecution failed to disclose all the footage as was legally required. Additional footage submitted by the defense was admitted into evidence.

Sufrin asked Judge Dayson to reject the prosecution’s argument that the defendant acted with both intent to frighten and intent to injure. She argued that one victim could not see the shooting and thus could not be a target.

Judge Dayson maintained that pointing a gun alone could show intent to frighten. Disagreeing with Sufrin’s arguments, she ruled that both charges were appropriate.

The prosecution introduced a compilation of footage, connecting the surveillance footage to an officer’s cell phone footage of the scene. They noted the cell footage had a frame rate that was double the frame rate of the surveillance footage.

Sufrin objected to the compilation, arguing that the edited footage created new evidence. She argue that disparities caused by the different frame rates could mislead the jury.

Judge Dayson acknowledged the difficulty of interpreting the footage frame by frame but said both sides had tried to align video clips. The prosecution agreed to instruct the jury about how to view the videos.

Sufrin asked the court to exclude some footage that she argued was outside the scope of the case. The prosecution agreed to shorten the compilation.

A US Attorney’s Office litigation technology specialist, called as a prosecution witness, testified that he created the video compilation for the prosecution. Sufrin asked for all emails related to his editing of the footage, which he turned over immediately for review.

The trial is set to resume for closing arguments on July 18.

Judge Weighs Fateful Motions in Shooting Case

DC Superior Court Judge Neal Kravitz ruled on key motions that could determine the fate of two shooting defendants previously convicted of other crimes in a hearing on July 22.

During the hearing, Lubin’s attorney Kevin O’Sullivan moved to exclude testimony from a witness who is a car rental employee. He argued the information—that Lubin rented the vehicle—was not disputed and therefore irrelevant.

Prosecutors countered, saying the witness also identified Lubin in surveillance footage from the day of the shooting, which they said was crucial for establishing identity.

Judge Kravitz postponed a decision on the motion, citing the need to first address whether someone who didn’t witness the crime can reliably identify a suspect in surveillance footage, particularly when their prior interaction with the individual was brief. The rental employee had only met Lubin once, and wasn’t shown the footage until three weeks later.

O’Sullivan also moved to suppress information about children being in the area just before the shooting suggesting they were in danger at the time.

The prosecution did not object, clarifying the video was being used solely to establish the defendants’ intent to target the alleged victims. Judge Kravitz granted the defense motion.

Judge Kravitz also granted a motion that would exclude mention of the defendants’ previous conviction for unlawful possession of a firearm.

In an unusual circumstance, Judge Kravitz said if the jury finds the defendants’ guilty of the firearms charge, then he has the option of informing the jury of the previous convictions. If any of the jurors wanted to then consider a verdict on the more serious charge they could.

The hearing concluded with a motion to exclude expert testimony, which the defense argued was untimely.

The prosecution attempted to obtain reports on cell site data used to determine phone locations for the defendants but had not been able to get the information.

Judge Kravitz granted the defense motion but would reconsider if the reports are obtained and the prosecution files a new motion.

Parties are set to reconvene July 23.

Stabbing, Kidnapping Defendant Pleads Guilty After Violating Stay Away Order

During a felony status conference on July 21, a domestic violence defendant pleaded guilty before DC Superior Court Judge Judith Pipe after an additional charge was added for breaking a stay-away order.

Walter Romero-Ventura, 32, was originally charged with kidnapping while armed and assault with a dangerous weapon for his involvement in a kidnapping and stabbing on May 6, 2024, on the 1300 block of 15th Street, NW. Romero was arrested on May 20, 2024,

According to court documents, after the victim got off work, Romero, her boyfriend at the time, approached her at a metro station and grabbed her by the hand and neck. Romero then attempted to force her into a vehicle. When the victim resisted, Romero used a box cutter and stabbed her, threatening to kill her if she didn’t get into the vehicle.

A contempt charge was added to the plea deal in March after Romero called the victim, violating the stay-away order.

After initially refusing the plea offer, Romero’s attorney, Henry Escoto, convinced Romero to accept the deal. Romero pleaded guilty to one count of simple assault and one count of felony contempt. The prosecution will not seek indictment on greater charges but will reserve a sentencing recommendation.

However, Judge Pipe made it clear that given the extreme circumstances of the original case, she could have imposed a life sentence, even though felony contempt is a lesser charge. Under the plea the maximum sentence would be 180 days imprisonment and/or a $1,000 fine for his guilty plea

Judge Pipe ordered that the probation department do a pre-sentence report.

Parties are set to reconvene for sentencing on Sept. 26.

After Initial Detention, Judge Grants Carjacking Suspect’s Release

DC Superior Court Judge Carmen McLean granted pre-trial release to a carjacking defendant on July 10 based on claims that his detention was unjustified by the facts.

Zyon Prince, 18, is charged with unarmed carjacking for allegedly stealing a moped, a motorized bicycle, on March 24 on the 1100 block of T Street, NW.

According to court documents, two suspects assaulted the victim and stole his scooter, which was tracked and recovered using a hidden Apple Airtag. Prince was found in the vicinity of the incident, wearing clothing similar to the description an eyewitness gave police. The identity of the second suspect is still unknown to law enforcement.

Defense attorney Raymond Jones asked Judge McLean to release Prince based on a March motion contesting statements from a Pretrial Services Agency (PSA) representative at Prince’s preliminary hearing. The PSA representative said Prince failed to complete a Deferred Sentencing Agreement (DSA) and had been removed from supervision, but Jones said Prince had reportedly completed the DSA.

According to Jones, the prosecution ignored his motion and made inaccurate representations to DC Superior Court Judge Robert Hildum that led him to detain Prince.

The prosecution opposed Prince’s release, arguing that the carjacking was a violent act against a complete stranger, and releasing Prince was a risk to public safety.

Jones rebutted, claiming the prosecution was exaggerating key evidence.

“The government’s case is not as strong as they’d like to believe,” said Jones.

Jones argued that nothing shows Prince took the moped. He said police body-worn camera footage merely showed Prince walking past the moped multiple times, and claimed the prosecution was charging Prince for having been nearby. .

Judge McLean interrupted Jones’ arguments to say she was granting the motion for release, having been sufficiently persuaded.

Prince was released with GPS monitoring, on the condition that he stay away from the victim and the location where the offense occurred.

Parties are slated to reconvene August 25.

Document: MPD Arrests Suspect in Southeast Shooting

The Metropolitan Police Department (MPD) announced the arrest of 28-year-old Marquis Jenkins, who was allegedly involved in a shooting on July 3 in the 3700 block of 9th Street, SE. The incident resulted in 1 surviving victim who sustained a non-life-threatening gunshot wound and was treated at a hospital. Jenkins was charged with Assault with A Dangerous Weapon.

Document: MPD Investigating Southern Avenue Fatal Crash

The Metropolitan Police Department (MPD) announced they are investigating a fatal motorcycle crash that occurred on July 20 at the intersection of 51st Street and Southern Avenue, SE. The incident involved a fatal collision between a 2004 Suzuki motorcycle and a pickup truck. The motorcyclist, identified as 50-year-old Billy Earl Canty, was pronounced dead after being transported to a hospital, while the second vehicle fled the scene.

Shooting Defendant Shot On Probation, Misses Hearing

A defendant in an assault case missed his probation hearing in front of DC Superior Court Judge Jennifer Di Toro on Jul. 18 after being shot while on release.

Joseph Washington, 23, was convicted of assault with a dangerous weapon and carrying a pistol without a license for his involvement in a shooting that injured two individuals on Oct. 8, 2022, on the 5000 block of Astor Place, SE.

After the scheduled time of Washington’s hearing, a representative from the Pretrial Services Agency (PSA) informed the court that Washington’s absence was due to being hospitalized for gunshot wounds.

There is currently no further information surrounding the incident.

Parties are slated to reconvene Aug. 20.

Murder Co-Defendant Considers Withdrawing Guilty Plea at Sentencing

DC Superior Court Judge Danya Dayson delayed co-defendants’ sentencings on July 11 for one of them to consider withdrawing his guilty plea.

Bobby Gupton and James Outland, both 27, accepted a prosecution offer on April 4, pleading to second-degree murder while armed. Their charges stemmed from the fatal shooting of 54-year-old Tavonayna Glenn on June 28, 2023, on the 700 block of 19th Street, NE.

Outland’s defense attorney, Howard McEachern, asked for a continuance in the case following discussions with Outland regarding a potential withdrawal of his guilty plea.

The prosecution noted that the plea deal taken by the co-defendants is wired, meaning the validity of its conditions relies on all parties accepting the offer. Thus, they argued that if Outland were to withdraw his guilty plea, the prosecution would also have to withdraw Gupton’s offer.

Gupton’s defense attorney, Lisbeth Sapirstein, argued that according to her reading of the plea document, Gupton could still go through with sentencing so long as his sentencing were to occur prior to Outland’s successful plea withdrawal, noting that this reflected the reality of the situation at present. McEachern, acknowledging he was not there to represent Gupton, agreed with Sapirstein’s reading.

The prosecution objected arguing that every element of the co-defendants’ pleadings are connected, reiterating that Gupton cannot be sentenced to the lesser plea charge if Outland withdraws.

Judge Dayson affirmed that she would not proceed with any sentencing during the July 11 hearing. She indicated that she was prepared to set a sentencing date for Gupton but was also willing to hear arguments from both parties prior to that date.

Judge Dayson asked Sapirstein to submit a pleading with her request that the court continue with Gupton’s sentencing. Referring to the prosecution’s intention to withdraw Gupton’s plea if Outland withdraws his own, she said “I’m not sure the language of the agreement precludes what they are asking.”

Parties are set to reconvene for each case separately on Aug. 15, Gupton for sentencing and Outland for a status hearing.

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