Armed Carjacking Defendant Wants Case Dismissed for Failure to Indict

Quiana Harris, the defense attorney for Tyrone Nicholsom, told DC Superior Court Judge Andrea Hertzfeld on March 10 that she has filed a motion asking for Nicholsom’s case to be dismissed. Harris said Nicholsom has been jailed 95 days without an indictment.

Nicholsom, 24, is charged with armed carjacking and possession of a firearm during a crime of violence for his alleged involvement in a carjacking that occurred in the 3300 block of 14th Street, NW, on Nov. 3, 2024.

The prosecutor said the indictment is not late because certain periods of time since Nicholsom’s arrest don’t count towards the indictment time limit. According to the prosecutor, Nicholsom agreed through his attorney that the limited number of days to indict would be paused between Nov. 6-to-15, 2024. The prosecutor said Nicholsom’s period of release between Nov. 15-to-Dec. 6, 2024, also doesn’t count toward the time limit.

Judge Hertzfeld told the prosecutor to file a response to the motion in writing.

The next hearing is scheduled for March 14.

Defendant Pleads Not Guilty in Fatal Carjacking at a Hospital

Kayla Brown was arraigned and pleaded not guilty in front of DC Superior Court Judge Andrea Hertzfeld on March 10 for allegedly stealing a motor vehicle from a woman whose mother, 55-year-old Leslie Gaines, was still inside the car.

Brown, 24, is charged with unauthorized use of a motor vehicle, carjacking, and negligent homicide for her alleged involvement in an incident on June 3, 2024, at MedStar Washington Hospital Center on the 100 block of Irving Street, NW.

Court documents state that, on the day of the carjacking, Metropolitan Police Department (MPD) officers responded to a 911 call from Brown’s parents, who said Brown had been acting in a crazy manner since taking an unknown drug three days earlier. An officer accompanied Brown in an ambulance to the hospital.

According to court documents, Gaines’ daughter called MPD officers to MedStar Washington Hospital Center approximately an hour and a half later. Gaines’ daughter told them she left her mother in the car with the motor running outside the emergency room while seeking help to bring her mother inside. When she returned, looking for the car, it was gone.

Arrest documents state the stolen vehicle crashed into the US Attorney’s Office on the 600 block of D Street, NW. Gaines was found unresponsive in the car and was pronounced dead at George Washington University Hospital.

Brown’s attorney, Sylvia Smith, alerted Judge Hertzfeld of Brown’s intent to plead not guilty to all charges and asserted her constitutional rights, including the right to a speedy trial.

The next hearing is set for April 11.

Non-Fatal Stabbing Defendant to Take Plea Deal, Requests Drug Treatment

Jonathan Lanyi, the defense attorney for Brenda Blanco, informed DC Superior Court Judge Andrea Hertzfeld on March 10 that his client intends to accept a plea offer from the prosecution. He asked Judge Hertzfeld to refer Blanco to an inpatient drug treatment program.

Blanco, 35, is 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.

According to Lanyi, the offer would require Blanco to plead guilty to attempted assault with a dangerous weapon in exchange for the prosecution not seeking an indictment.

Judge Hertzfeld said she will leave the plea agreement and the drug treatment referral to DC Superior Court Judge Heidi Pasichow, who is overseeing Blanco’s case but was unexpectedly unavailable on March 10.

The next hearing was set for March 11.

Judge Calls Shooting Near School, ‘Disturbing,’ Holds Defendant

A shooting defendant was denied release after he waived his right to a preliminary hearing in front of DC Superior Court Judge Robert Hildum on March 7.

Joe Phoenix, 34, is charged with endangerment with a firearm for his alleged involvement in a shooting that occurred at the intersection of 10th and F Street, NE, on May 2, 2024.

According to court documents, the shooting was in the same block as the Goding Elementary School,
“Additionally at the time of the offense, children were present and outside when the discharge of
the firearm occurred.”

Phoenix’s attorney, Wole Falodun, alerted Judge Hildum of his intent to waive his right to a preliminary hearing and requested Phoenix be released on GPS monitoring, arguing he has had no contact with the criminal justice system other than driving without a license more than a decade ago.

The prosecution objected to the request and played CCTV footage of the shooting provided by the school nearby the incident. They claim no conditions could ensure community safety if Phoenix is released.

Judge Hildum agreed, detaining the defendant and saying the circumstances around this shooting were “really quite disturbing.”

Parties are slated to reconvene on March 17.

Murder Defendant’s Step-Down Release Denied

DC Superior Court Judge Danya Dayson denied a homicide defendant’s modified release request on March 7.

Alfred Paulino-Del Rosario, 21, is charged with second-degree murder while armed for his alleged involvement in a shooting that killed 21-year-old Jhonathan Guzman Hernandez on Dec. 30, 2022, on the 1400 block of Clifton Street, NW.

Guzman Hernandez was located at the 2400 block of 15th Street, NW, suffering from multiple gunshot wounds.

Paulino-Del Rosario’s defense attorney, Molly Bunke, motioned to prevent the prosecution from consuming DNA evidence through testing, a request which Judge Dayson said she was “prepared to deny.” However, she said the defense has the opportunity to argue the evidence was consumed in bad faith.

Meanwhile, Bunke requested Paulino-Del Rosario’s release conditions be modified to a curfew from home confinement.

“He is eager to contribute to the household,” added Bunke, in that Paulino-Del Rosario has a family to support. The prosecution strongly opposed the motion, stating that his release was already a benefit, given the charges.

The prosecution stated that Paulino-Del Rosario was not entitled to modified release conditions simply because he is following the court’s orders, as it is expected he do so without expecting other advantages.

Judge Dayson denied the curfew modification, but did agree Paulino-Del Rosario be allowed to look for a job and attend interviews, upon verification and approval from his Pretrial Services Agency (PSA) officer.

Parties are slated to reconvene on June 6.

Judge Denies Acquittal as Shooting Trial Ends

DC Superior Court Judge Errol Arthur heard parties closing arguments and denied acquittal in a nonfatal shooting trial on March 6.

Dupre Jones, 26, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, second-degree cruelty to children, unlawful possession of a firearm with a prior conviction, and unlawful discharge of a firearm for his alleged involvement in a non-fatal shooting on the 4500 block of First Street, NW, on Oct. 11, 2024. No injuries were reported.

Jones’ defense attorney, Adgie O’Bryant, filed a motion for judgment of acquittal, citing the prosecution’s lack of “strong enough” evidence and witnesses.

Judge Arthur denied the motion, stating, “Issues of credibility should be given to the jury, not to the judge,” especially as he believes sufficient evidence has been presented.

Before resting their case, prosecutors called two Metropolitan Police Department (MPD) officers to testify. The first officer described recovering a firearm allegedly from Jones’ pant leg and placing it in an unsealed evidence bag, to submit for forensic analysis. The prosecution later presented the firearm to the jury, which the officer identified based on the evidence bag matching the case information.

The second officer responded to a ShotSpotter alert that turned into a 911 response call. He testified he spoke with the victim, who walked him through the incident, physically around the apartment complex. He and two other officers recovered two bullet casings, one from outside the apartment building, and one from inside the victim’s apartment.

The responding forensic scientist also testified, stating he disengaged the firearm, recovering six cartridges in the magazine and one in the chamber. He also verified the weapon based on its serial number and his handwriting on the evidence bag. The prosecution says the evidence gun is likely the one recovered from Jones.

Both parties then rested their cases before the jury after Jones declined to testify.

Parties are slated to reconvene on March 10.

February Homicide Statistics Show One Arrest And an Officer-Involved Shooting

According to D.C. Witness data, as of March 5, there were seven homicide incidents and nine homicide victims in the District in February. The Metropolitan Police Department (MPD) has announced one arrest made in relation to homicides that occurred during the month.

According to MPD documents, in the evening of Feb. 4, officers responded to a shots fired call inside an apartment complex at the 1000 block of 1st Street, SE. Officers located Darryl Smith, 61, unconscious and not breathing, suffering from gunshot wounds. Smith was transported to a hospital where he succumbed to his injuries and was later pronounced dead.

Officers conducted an investigation where they were able to locate and arrest Smith’s son, De’Anglo Goldston, 37, for his alleged involvement in the fatal shooting, and recovered the suspected firearm. Goldston was charged with second-degree murder while armed.

On Feb. 18, according to MPD documents, there was an officer-involved shooting that occurred at the 3500 block of Georgia Avenue, NW.

Surafel Zerihun, 26, allegedly drove into oncoming traffic, striking a marked MPD cruiser, when he threatened the officer with a knife. A struggle broke out between the suspect when the officer fired his service weapon, fatally wounding Zerihun.

After calling for assistance and exiting the cruiser to attempt lifesaving measures, the suspect picked up the knife, threatening the officer again. After refusing verbal commands, the officer shot the suspect again, and he was pronounced dead on the scene.

As of Feb. 19, the officer was placed on administrative leave pending an official investigation, including a review of his body-worn camera footage.

Police have not made any arrests for the remaining six homicide incidents. MPD is currently offering a reward for information on the unsolved cases.

Stabbing Defendant Sentenced to 30 Months Jail Time

A stabbing defendant was sentenced by DC Superior Court Judge Jason Park on March 6 following several postponements

Alexis Gray, 38, pleaded guilty on Nov. 8, 2024 to assault with a dangerous weapon for her involvement in a nonfatal stabbing that left two victims with lacerations to multiple body parts including the face and Gray herself with injuries to the thigh. The incident took place on the 800 block of Chesapeake Street, SE on Sept. 5, 2024.

Gray was sentenced to 30 months of incarceration. After the completion of that time served, she will be under three years of supervised release.

A no contact order was granted for the victims.

Judge Grants Some Release Modifications for Nonfatal Shooting Co-Defendants

DC Superior Court Judge Neal Kravitz considered release modifications for non-fatal shooting co-defendants on March 7.

Donte Bennett, 26, and DeMarco Hayes, 22, are 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 their alleged involvement in a non-fatal shooting where one victim sustained critical injuries at the intersection of Marion Barry Avenue and 18th Street, SE on July 24, 2024.

Bennett’s defense attorney, Steven Kiersh, requested a temporary release from 24-hour home confinement to attend his brother’s funeral. Judge Kravitz advised both defense parties to consult with the prosecutors for special event requests. The prosecution agreed to allow Bennett to attend under GPS monitoring, provided event details are shared in advance.

Hayes’ defense attorney, Molly Bunke, filed a motion to modify release conditions from 24-hour home confinement to a curfew GPS monitoring, plus the same release conditions to attend the funeral with Bennett. The prosecution opposed, noting the nature of the crime was “very serious and violent,” and DC Superior Court Judge Robert Okun previously disagreed with any type of release for the co-defendants.

Bunke argued that Hayes has been making efforts to find a job and attend programs, but 24-hour home confinement has proven to be a hardship since most job opportunities are hard to find remotely.

Judge Kravitz asked Bunke and Hayes follow-up questions about his job search and ultimately granted the modification, so long as the defense submitted job-related details in advance.

Hayes will be released on GPS monitoring from 1 to 5 p.m. Monday through Friday, with an additional Friday noon release in March for Ramadan observance.

Parties for Hayes are slated to reconvene on May 9 for a status hearing on release.

All parties are slated to reconvene on June 6.

Shooting Defendant Reneges on Motion to Withdraw Guilty Plea

DC Superior Court Judge Neal Kravitz heard a defendant in a non-fatal shooting case abandon his previous motion to withdraw a guilty plea on March 7.

On Oct. 18, 2024, Alante Parlow, 29, pleaded guilty to two counts of aggravated assault knowingly while armed and possession of a firearm during a crime of violence for his involvement in the non-fatal shooting of an adult and five-year-old victim on April 23, 2024, on the 4800 block of North Capitol Street, NE.

On Jan. 17, Parlow requested to withdraw his guilty plea following his change in attorneys.

DC Superior Court Judge Robert Okun heard the original plea agreement, and Judge Kravitz said Okun would likely hear the plea agreement again and settle the sentencing.

The date for sentencing was not scheduled, but Judge Kravitz advised the parties to confer with Judge Okun about the best day.

Parties are slated to reconvene before Judge Kravitz on March 14, with the intention the matter will be rescheduled for sentencing in Judge Okun’s calendar.

Despite Violations, Murder Defendant Remains on Release

A murder defendant appeared before DC Superior Court Judge Todd Edelman on March 7, accused of violating his pre-trial release conditions.

Charles Jeter, 39, and Kevin Sewell, 33, are charged with two counts of first-degree murder while armed, conspiracy, burglary while armed, and three counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 46-year-old Kevin Robinson on Nov. 30, 2014, on the 600 block of Edgewood Street, NE. Robinson was Sewell’s father.

According to a representative from the Pretrial Services Agency (PSA), last month Jeter violated his release conditions, prompting the court to set probation show cause hearing.

However, during the hearing, Jeter’s defense attorney, Carrie Weletz, argued that he has complied with since the last hearing on Feb. 20. She also stated that the violations were minor as he had not gone far beyond his approved locations and only did so for a few minutes.

The court accepted Jeter’s explanation of compliance and he was able to stay released.

Parties are slated to reconvene on May 9.

Defendant Acquitted of Murder, Convicted of Firearm Charge

A jury reached a partial acquittal verdict in a fatal-shooting case before DC Superior Court Judge Todd Edelman on March 7.

Daquan Gray, 23, was originally charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license for his alleged involvement in the murder of 15-year-old Jaylyn Wheeler on May 16, 2018 on the 600 block of Alabama Avenue, SE.

The defense painted Wheeler as the aggressor and claimed Gray acted in self-defense.

Gray was acquitted of first-degree murder and possession of a firearm during a crime of violence charges. However, he was found guilty of carrying a pistol without a license

Parties are slated to reconvene on May 7.

Parties Dispute Eyewitness, DNA Evidence in Murder Closing

The prosecution and the defense had different interpretations of evidence presented in an ongoing homicide trial before DC Superior Court Judge Michael Ryan on March 5.

Jerome Israel, 21, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, unlawful discharge of a firearm, two charges of unauthorized use of a vehicle, three counts of carrying a pistol without a license, and two counts of destruction of property for his alleged involvement in the murder of ChaQuan Barbett, 24, on Aug. 23, 2022 on the 2300 block of Minnesota Ave, SE.

A DNA expert testified his analysis of a genetic sample taken from Barbett’s pants the night of the incident confirmed that one of the foreign DNA profiles found was more likely to be from Israel than not.

When asked by defense attorney Lisbeth Sapirstein about the likelihood ratio of Israel’s DNA being on Barbett’s pants, the witness stated he wouldn’t trust that the likelihood ratio as it is so close to one–in other words, meaning it could go either way.

However, the witness also stated that Israel could not be excluded as a contributor to DNA profiles in the sample. The witness agreed the six percent contributor profile attributed to Israel on an airbag was “very low” but emphasized the likelihood ruled in favor of inclusion.

Another analyst confirmed that different laboratory protocols can lead to different DNA interpretations.

In closing, prosecutors argued Israel chased down and murdered Barbett and then returned to the scene in the early hours of Aug. 25, 2022, firing the same gun 14 times before fleeing in a stolen suspect vehicle, which crashed shortly thereafter.

According to the prosecution, surveillance footage showed Israel waiting in an alley before pursuing Barbett, firing multiple shots, and leaving him to die. Eyewitnesses witnessed the attack after hearing gunshots, with one witness describing seeing the shooter kick Barbett after he was shot.

Traffic camera footage captured the stolen vehicle’s license plate moments after the shooting, and the same vehicle was allegedly involved in another shooting at the same location, just over 32 hours after Barbett’s death.

Shortly after, responding officers saw an individual running from a Dodge Charger, which then fled the area. Officers pursued the vehicle, which eventually crashed at the intersection of Alabama Avenue and Branch Avenue, according to the prosecution.

When officers arrived, they found a firearm next to the driver’s side door and an open juice bottle. DNA testing likely linked Israel to both items, and the firearm was likely matched to shell casings from both shootings. Additional DNA evidence on the driver’s side airbag suggested Israel had been inside the vehicle before the crash.

The prosecution argued the crime was premeditated, stating intent could form “as quick as the thought itself.”

In the defense closing, Sapirstein acknowledged Barbett’s murder, but contended that the evidence did not conclusively link Israel to the crime.

Sapirstein challenged the credibility of the only person to identify Israel in that he faced criminal charges, and could get a financial reward for his testimony. Sapirstein contended his in-court identification carried little weight since there was no other likely option.

The defense raised doubts about the forensic evidence, arguing that although DNA on a juice bottle likely placed Israel inside the stolen vehicle, it did not prove he was the one driving or present during the shootings. Further, the DNA on the gun suggested others possible suspects.

As for the suspect vehicle, it had tinted windows making impossible to see who was inside during the incidents or who was the driver.

Parties are slated to reconvene when the jury reaches a verdict.

Parties Deliver Closing Statements in 2020 Fatal Shooting Trial

DC Superior Court Judge Danya Dayson oversaw the closing statements from parties in a fatal shooting trial on March 6.

Guy Johnson, 57, is charged with first-degree murder premeditated while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in the murder of 28-year-old Kriston Robinson on March 25, 2020, on the 1600 block of 19th Street, SE.

Prosecutors summarized the evidence presented to the jury throughout the trial, highlighting how crucial it was in identifying Johnson as the responsible party in the murder of Robinson.

With recovered bullet fragments, personal and expert witness testimonies, and camera footage from the night of the incident, prosecutors claimed they provided extensive evidence to prove Johnson’s guilt. “Johnson intended to kill Kriston… find him guilty on all charges,” urged the prosecution.

Johnson’s defense attorney, Kevin Mosley, claimed that the prosecution concocted a story and failed to present credible substantive evidence which proved Johnson responsible for the murder of Robinson.

“Not one person identified Johnson as the shooter,” said Mosley, referring to the witness testimonies the prosecution presented during the extent of the trial.

Additionally, he reiterated that the witnesses were not at the actual scene of the incident when the shooting occurred, questioning the validity of their testimonies.

Mosley urged the jury to not speculate or draw their own conclusions based on the prosecution’s argument, and to ultimately find Johnson not guilty on all charges.

During the rebuttal, the prosecution disagreed with Mosley’s stance, mentioning that Johnson had the motive and means to perform the shooting. The motive was a recording of Johnson stating “that guys on my line,” which a witness defined as “trouble is coming.”

The means was then proved to be the shell casings found at the location of the incident, which prosecutors demonstrated as evidence for their stance.

Judge Dayson ordered the jury to deliberate and parties are slated to reconvene when a verdict is reached.

‘He Had a Choice, React or Die,’ Says Defense Attorney in Closing Statements

Parties delivered closing arguments in a homicide case before DC Superior Court Judge Todd Edelman on March 6.

Daquan Gray, 23, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business for his alleged involvement in the murder of 15-year-old Jaylyn Wheeler, on the 600 block of Alabama Avenue, SE, on May 16, 2018.

“Jaylyn Wheeler tried to catch a bus and never ever made it home,” said the prosecution.

The prosecutors referred to an eyewitness transcript that stated Wheeler allegedly called out Gray during an alleyway fight, “If you got your dog [gun], use it b****.” The prosecution argued Gray’s actions were not self defense, it was of someone who got “mad and embarrassed.”

According to the prosecution, no one saw Wheeler with a gun that day, and the only evidence the defense had was of text messages and pictures. The text messages included Wheeler telling his friend, “I carry guns to school… I left the bullets in my bag and the clip.”

The prosecution asserted this was only to “brag” and the evidence was introduced to make the jury think he was a bad kid.

Dana Page, Gray’s attorney, said “When Jaylyn Wheeler got mad, aggressive, and reached for his waistband, Daquan Gray reacted. He reacted the way law allows. He had a choice, react or die.”

She said the text messages “corroborate the fact that Jaylyn had a gun during the incident.” Page also argued another individual took evidence from the crime scene, including Wheeler’s backpack and possibly his gun.

Page presented two pictures showing Wheeler posing with a gun, stating, “That is the Jaylyn Wheeler Daquan saw in the alley that day.”

In reference to Wheeler’s statement to Gray in the alley, she explained Gray was not angry, he thought it was “unfair.” Page asserted Wheeler was the one that got aggressive.

Page urged the jury to consider the reasonableness of self defense through Gray’s view At the time of the shooting he was a 16-year-old who was terrified and had been surrounded by gun violence.

She claimed the prosecution spent a majority of the trial identifying Gray through witnesses, “All they cared about was who, not why.” Page continued to assert the prosecution “not only ignored evidence of self defense, they suppressed it.”

Page concluded by telling the jury, “Daquan Gray has been waiting for you for seven years. That’s almost a third of his life.”

During their rebuttal, the prosecution said Gray did not know about Wheeler’s texts and pictures with the gun. He also countered it would be “risky” for Wheeler’s friends to come back to the crime scene after allegedly hiding his gun.

“Jaylyn may have been 15, he was not stupid,” said the prosecution. He asserted one mistake Wheeler made was thinking the defendant was bluffing. “Jaylyn was wrong. It cost him his life.”

“Just as it is important to consider Gray’s future, consider what happened to Jaylyn. Never forget that,” the prosecutor said.

Parties are slated to reconvene when the jury reaches a verdict.

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