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Judge Denies Severance Motion in Deadly Mass Shooting Case

DC Superior Court Judge Jason Park denied a defense motion to sever one co-defendant from the other four in a fatal mass shooting case on Feb. 20. 

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 the death of 21-year-old Albert Smith on June 14, 2020 on the 1300 block of Congress Street, SE. Three other individuals sustained injuries during the incident.

During the hearing, Wole Falodun, on behalf of Little, met with the prosecution and Judge Park to discuss the motion he filed to sever Little’s case from his other co-defendants. Falodun argued that the evidence filed in the indictment for Little was significantly less than the other defendants and because he was not physically involved in the assault, a severance was in Little’s best interest.

Judge Park denied the motion. He explained that a defendant is not entitled to severance just because the co-defendants’ evidence may be more substantial.

The judge noted that given the prosecution’s proffer or proof of evidence, Little allegedly was still an active participant in the assault through the conspiracy, even if he did not physically participate. Judge Park said that being a part of the getaway strategy provided clear evidence that the cases are connected.

Parties are slated to reconvene on March 21. 

Judge Grants Defense Motion to Suppress Fight Video in Homicide Case

DC Superior Court Judge Michael Ryan granted a defense motion to suppress video evidence pertaining to a fight preceding a homicide on Feb. 20.  

Daquan Gray, 22, 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 of his 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. 

In court, Dana Page and Olivia Gee, Gray’s attorneys, challenged the prosecution’s attempt to introduce video of a fistfight in a bathroom that occurred hours prior to the incident into evidence. 

The prosecution claimed the fight allegedly involved Gray giving a friendly pat of approval to a witness leaving the bathroom having fought another witness. The prosecution tried to connect Gray and the witness against Wheeler and the other witness involved in the bathroom fight, stating that instigated the homicide. 

The prosecution’s narrative is that two rival group were involved in the incidents. 

Page stated that at best the prosecution proved these kids went to school together. They could not prove Gray was even in the bathroom and none of the prosecution’s own witnesses state that the two incidents have anything to do with each other. 

Judge Ryan agreed with the defense, stating that the prosecution was “asking for leaps to be made” and implying that there was a level of avenging within the crime. He granted the motion to bar the use of footage of the fight as evidence. The prosecution raised concerns about the cooperation of young witnesses testifying without referring to the fight in question. 

In addition, Page and Gee objected to four out of 13 autopsy pictures submitted by the prosecution, stating that they were too graphic, involving close up photos of dissection, organ manipulation, and nudity. She said it was “absolutely unacceptable” for the prosecution to consider them as evidence. 

The prosecution stated they can redact the organs and nudity, however need to show enough of the pictures to demonstrate the relationship between gunshot wounds on the body. Judge Ryan asked the prosecution to make the changes.

Page also objected to a single body worn camera clip of an officer at the incident scene which had no audio. The prosecution argued there were multiple eyewitness testimonies present in that footage, and redacted audio to make the footage less distressing. 

Parties are slated to reconvene Feb. 25. 

Judge Says Shooting is ‘Not a Simple Case,’ in Sentencing Defendant to 3 Years 

DC Superior Court Judge Erroll Arthur sentenced a defendant to three years of incarceration for his involvement in a non-fatal shooting incident, during a Feb. 20 hearing.

On Dec. 13, 2024, Deon Thaxton, 32, pleaded guilty to assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction for his involvement in a shooting incident on Sept. 2, 2024, at the 2100 Block of I Street, NE. No injuries were reported. 

Thaxton will serve out his time in a psychiatric facility due to mental health issues. Before giving the official sentencing, Judge Arthur said that because of Thaxton’s long criminal record since being a juvenile, “this is not a simple case.”

Judge Arthur also acknowledged Thaxton’s ongoing mental health struggles and therefore did not want to see him “locked up in a cage” any more than he needed to be.

Thaxton was sentenced to 36 months of incarceration for the unlawful possession of a firearm with a prior conviction and 36 months for the assault with a dangerous weapon charge, which will be served concurrently, totaling three years of incarceration.

Thaxton is required to pay $200 total to the Victims of Violent Crime Fund and must register as a gun offender.

No further dates were set.

Lawyer Convicted For Fatal Fire and Building Violations 

A jury in DC Superior Court Judge Todd Edelman’s courtroom convicted an individual charged in connection to a fatal fire at a violation-ridden rental property following a multi-week long trial, during a hearing on Feb. 20. 

James Walker, 66, was convicted of two counts of second-degree murder for his  involvement in a fire that caused the deaths of 40-year-old Fitsum Kebede and nine-year-old Yafet Solomen at the 700 block of Kennedy Street, NW, on Aug. 18, 2019. 

Walker was also convicted of 26 building violations, which included failure to obtain a proper certificate of occupancy, eight counts of failure to install a smoke alarm, three counts of failure to provide emergency escape and rescue opening, five counts of unlawful means of egress, two counts of failure to provide ventilation, two counts of unlawful room width, two counts of unlawful room height, unlawful fire partition, failure to provide automatic sprinkler system, unlawful electrical system. 

Throughout the trial, prosecutors provided evidence that the fire, for which a cause was never determined, could have been prevented had Walker gone through the Department of Licensing and Consumer Protection (DLCP) and Department of Consumer and Regulatory Affairs (DCRA) to acquire the correct certificate of occupancy. 

Prosecutors argued that had he done so, DCRA would have not provided him with a certificate until he fixed the violations. 

Walker testified he used to be a lawyer, and focused on the criminal justice for juveniles, childcare and neglect, and landlord-tenant court, but has not practiced law since this case began. 

Once the conviction was announced, Judge Edelman ordered the US Marshals to take Walker, who had been on release since Jan. 15, 2020, into custody pending sentencing. 

Parties are slated to reconvene May 2. 

Opening Statements in Murder Trial Over Sexual Slur

Parties gave opening statements in an insult generated homicide trial before DC Superior Court Judge Jason Park on Feb. 19.

Darrell Moore, 47, is charged with first-degree murder while armed, possession of a firearm during the crime of violence and unlawful possession of a firearm for his alleged involvement in the fatal shooting of Julius Hayes, 37, on April 3, 2021, at the 300 block of 18th Street, NE.

In their opening statements, the prosecution argued that Moore shot Hayes after an argument over rumors that Hayes had spread, alleging that Moore was having sexual relations with men. They claim Moore, “angry, armed, and ready to prove a point,” shot Hayes six times from outside the driver-side door of a black Ford Fusion hybrid.

Brandon Burrell, Moore’s attorney, countered, questioning the evidence and claiming Moore’s phone records show he wasn’t near the crime scene. He also suggested that key witnesses for the prosecution were unreliable, including a convicted felon who might be seeking to curry favor with the prosecution, and who has given inconsistent testimonies.

The prosecution called on Hayes’ father, who gave an emotional testimony about his son’s life, including Moore’s relationship with his other son.

Prosecutors called on a neighbor and eyewitness, who testified to hearing the argument and gunshots, followed by her partner capturing video footage of the car, which shows the vehicle immediately after the shooting, and then later leaving the scene.

Two Metropolitan Police Department (MPD) officers also testified about their responses, including attempting to assist Hayes with medical attention and searching for a weapon, which could not be located.

The officer’s body-worn camera footage was also reviewed in court which corroborates the accuracy of their testimonies.

The prosecution called an additional two eyewitnesses, a neighbor, and her friend who was visiting at the time of the incident. The neighbor and her friend both testified to hearing multiple gunshots.

The friend testified that she ran outside to see if anyone had been injured, and located the victim lying on the ground between two cars. She attempted to administer first aid by applying pressure to his wounds before the police arrived and said she counted two to three bullet holes in his jacket but could not tell exactly where he was shot.

The visiting friend additionally testified that although she distinctly heard the gunshots, she did not see a gun or a shooter, nor the black Ford Fusion allegedly driven by Moore.

The neighbor testified that at the time of the incident, she had two security cameras installed on her front porch. The prosecution reviewed the footage in court, where the shots can clearly be heard, and where a car said to be the black Ford Fusion hybrid Moore allegedly drove is visible.

The prosecution further called another eyewitness and neighbor, who testified to hearing gunshots, and alleged seeing Moore pistol whip Hayes through the upstairs window of her home. She called 911 to report the incident, and the prosecution reviewed the 911 call in court. 

In the call, the neighbor can be heard telling the dispatcher what she had witnessed and alleged that she saw Moore take off running north on 18th Street after Hayes had fallen to the ground.

The prosecution called another neighbor to the witness stand, who was not home at the time of the incident, but had a Nest doorbell camera that captured similar footage. The court reviewed this footage, which shows the vehicle allegedly driven by Moore but not the shooting itself.

The trial is slated to resume on Feb. 20.

Stabbing Defendant Waives Preliminary Hearing, Denied Release

DC Superior Court Judge Heide Herrmann denied a stabbing defendant’s request for release due to substantial evidence presented in the case on Feb. 19–that following his waiving the right to a preliminary hearing.

Walter Goodman, 31, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred inside the DC Jail on the 1900 Block of D Street, SE on Dec. 15, 2024. Two victims were injured during the incident and one was taken to a nearby hospital. 

In court, Everald Thompson, Goodman’s attorney, alerted the court of his intent to waive his right to a preliminary hearing and asked for Goodman’s release on bond, stating that it’s the prosecution’s responsibility to rebut the presumption of innocence. 

The prosecution responded by stating that they had security footage from the jail that showed Goodman allegedly tucked a sharp object in his waistband before entering a shower where the stabbing occurred. They also mentioned that Goodman is currently being held for a gun trafficking case as well. 

Judge Herrmann considered her options but ultimately decided that there were no conditions of release that could ensure the safety of the community. 

Parties are slated to reconvene March 17. 

Teen Defendants in High School Shooting Plead Not Guilty

Two co-defendants pleaded not guilty in a shooting case before DC Superior Court Judge Michael Ryan on Feb. 20.

Saki Frost, 18, and Azhari Graves, 18, are charged with six counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault knowingly while armed, six counts of assault with a dangerous weapon, 16 counts of possession of a firearm during crime of violence, carrying a pistol without a license, and two counts of endangerment with a firearm. The charges stem from their alleged involvement in a shooting on May 3, 2024, at the intersection of Kirby and N Streets, NW, near Dunbar High School. 

Frost is additionally charged with six counts of assault with intent to murder while armed and six counts of possession of a firearm during a crime of violence. Graves is additionally charged with possession of a machine gun. All crimes were allegedly committed in violation of a gun free zone. carrying a pistol without a license, and two counts of endangerment with a firearm. 

According to court documents, the co-defendants allegedly fired at a Chevy Cruze during a shootout. Some of the bullets pierced a classroom window at Dunbar High School, striking a female juvenile student in the head who survived the injury. 

In court, John Iweanoge, Saki’s attorney, and Hannah Claudio, Graves’ attorney, stated they were both entering a plea of not guilty, asserted their constitutional rights, and were prepared to set trial dates. 

Parties are slated to reconvene May 29.

Despite Defense Pleas, Shooting Suspect Detained

A shooting defendant’s attorney requested his release at a hearing on Feb. 18, before DC Superior Court Judge Heide Herrmann, after waiving of his right to a preliminary hearing. 

Rashard Grant, 35, is charged with unlawful possession of a firearm by a convict, carrying a pistol without a license outside a home or business, and unlawful discarding of a firearm or ammunition for his alleged involvement in a shooting that occurred on Jan. 10 on the 2200 block of Savannah Place, SE. 

According to court documents, officers heard a gunshot at the scene, and located an individual, identified as Grant, holding another person by the neck while holding a gun in his other hand. 

During the hearing, Grant’s defense attorney, Gail Engmann, alerted the court of his intent to waive his right to a preliminary hearing. She requested Grant be released pending further proceedings, arguing that Grant held a clean record for ten years, highlighting his role as a husband and father of four. 

“These kids are lost without Mr. Grant, and he’s lost without them. He’s an asset to the community—not a danger to the community,” Engmann said.

Engmann also argued that the prosecution’s evidence is insufficient, stating that officers failed to contact witnesses at the scene.

The prosecution claimed surveillance footage captured Grant’s actions, including his easy access to firearms after learning that, on Jan. 1, officers removed a firearm from the defendant, and another on Jan. 10 when he was allegedly found unconscious in a vehicle owned by his mother.

Prosecutors highlighted the defendant’s prior convictions, involving a 2015 arrest, a 2016 guilty plea for PCP possession, and a probation violation followed by his supervision termination in 2020.

Judge Herrmann stated she is concerned about Grant’s access to firearms and denied his request for release. 

Engmann told Judge Herrmann parties continue to be in global plea negotiations. 

Parties are slated to reconvene on March 3.

Carjacking and Robbery Defendant Receives 18 Months in Prison

DC Superior Court Judge Jennifer Di Toro sentenced Marquise Butts on Feb. 21 to four years in prison for unarmed carjacking, with all but 18 months suspended, and two years in prison for robbery, with all but 18 months suspended. The sentences will run concurrently.

Butts, 18, was originally charged with armed carjacking and possession of a firearm during a crime of violence for his involvement in a carjacking on June 20, 2024, on the 1800 block of 9th Street, NW. 

The prosecutor said Butts was one of five young men who intimidated a woman alone on the street late at night into turning over her keys to them. Butts was identified from surveillance video and from the GPS device he was wearing because he was under court supervision for a previous conviction.

Butts accepted a plea deal on Nov. 19, 2024, pleading guilty to unarmed carjacking and robbery. In exchange, the prosecution agreed to dismiss all other charges in the case and request concurrent sentences for the two charges.

The prosecutor asked Judge Di Toro to impose the maximum sentence indicated by the sentencing guidelines, based on Butts’ criminal history score of one–96 months’ imprisonment for carjacking and 66 months for robbery.

According to the prosecutor, Butts had two previous convictions for gun possession and admitted a gun was involved in the carjacking.

“Court supervision is no deterrent,” the prosecutor said. “The defendant has gone from merely defending himself to out-and-out attacking people.”

Richard Holliday, Jr., Butts’ attorney, disagreed that Butts admitted a gun was involved in the carjacking.

When Butts was interviewed for the presentence report, he said, “I didn’t pull no gun on nobody, but I was with the person who did it.” According to Holliday, Butts meant he was with the person who committed the carjacking.

Holliday also objected to the prosecutor’s description of Butts’ childhood. Holliday said the prosecutor made it sound like Butts didn’t face any unusual challenges, even though he was diagnosed with PTSD for being shot when he was 15. 

“I have never gone through anything as difficult in my life as being shot 11 times as a 15-year-old,” Holliday said. 

An education attorney asked Judge Di Toro to give Butts the minimum sentence possible under the Youth Rehabilitation Act (YRA), which allows a young defendant’s conviction to be sealed if they successfully complete all sentencing requirements. She said the physical and psychological trauma Butts experienced affected his development.

“What comes next? What can interrupt that cycle?” Judge Di Toro asked.

The education attorney said young people can get back on course if they receive appropriate therapy.

“Prison is the least appropriate setting for that healing to happen and can actually entrench maladaptive behaviors,” she said.

The education attorney displayed a photo of Butts’ graduation from high school a week earlier. According to Holliday, Butts wants to attend college and become a chef.

Judge Di Toro sentenced Butts under the YRA, which allowed her to impose a sentence below the mandatory minimum of seven years for unarmed carjacking. 

In addition to his prison sentence, Judge Di Toro gave Butts 18 months of probation and a suspended sentence of three years of supervised release. She required him to pay $200 to the Victims of Violent Crime fund and register as a gun offender. Butts must complete 90 hours of community service, receive a mental health assessment and participate in any recommended treatment, and engage in vocational training or higher education.

No further dates were set.

Murder Defendant Rejects Plea Deal, Goes To Trial

A murder defendant rejected a plea deal from prosecutors in DC Superior Court Judge Todd Edelman‘s courtroom on Feb. 21.

Cory Heard, 23, is charged with first-degree premeditated murder while armed, second-degree murder while armed, two counts of possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business, for his alleged involvement in a shooting that resulted in the death of 35-year-old Rodney Snead. The shooting occurred on Nov. 20, 2023, on the 4200 block of 4th Street, SE.

Heard’s defense attorney, Quo Mieko Judkins, alerted Judge Edelman that Heard would be rejecting the plea deal offered by the prosecution. If accepted Heard would be required to plead guilty to second-degree murder while armed in exchange for a dismissal of all other charges. Through the deal, parties would have agreed to a sentencing range of 18-to-22 years of incarceration.

Both parties also rescheduled the trial date for conflicting hearings and set a new date for March 16, 2026.

Parties are slated to reconvene July 24.

Co-Defendants in Stabbing Case Claim They Have Never Met

Two defendants charged in connection to the same incident claimed they’ve never before during a hearing on Feb. 10 with DC Superior Court Judge Jennifer Di Toro

Kevin Allen, 37, is charged with robbery while armed offenses committed during release, assault with a dangerous weapon while armed offenses committed during release, robbery while armed offenses committed during release, and assault with a dangerous weapon offenses committed during release, for his alleged involvement in a stabbing that occurred on July 18 2023, near the 1500 block of Benning Road, NE. 

Catherine Rondeau, 52, is charged with conspiracy, assault with intent to commit robbery, and second-degree theft for her alleged involvement in the stabbing incident on July 18, 2023.

During the hearing, both Allen and Rondeau asserted that they do not know each other and alleged the case is built on false information. The trial had previously been scheduled for Allen, but was postponed to ensure all indictment charges could be tried together.

Judge Di Toro granted a 45-day continuance to allow Allen and Rondeau time to meet with new defense counsel.

Parties are slated to reconvene on Apr. 14 for an additional status hearing.

Defense Wants Transfer of Stabbing Case to Different Judge

A defendant accused of stabbing a child has undergone multiple mental health evaluations with conflicting results. Awaiting the latest competency results, the defense requested DC Superior Court Judge Jason Park transfer the case to another judge on Feb. 18.

Devonte Wright, 26, is charged with assault with intent to kill while armed against a minor, cruelty to children, assault with a dangerous weapon against a minor, and carrying a dangerous weapon. The charges stem from Wright’s alleged involvement in the stabbing of a two-year-old on May 27, 2020, on the 1700 block of Benning Road, NE.

Initially, Wright had been ruled as incompetent with the possibility of restoration, but that conclusion was changed to competent after the prosecution claimed there was a lack of effort from the defendant in achieving restoration so he could stand trial. 

Laura Rose, Wright’s attorney, continues to contest his competency finding and motioned the case to be transferred to Judge Neal Kravitz, arguing that since Judge Kravitz is familiar with Wright due to another matter, he could provide a valuable comparison between the cases.

The prosecution objected to the transfer. Judge Park stated the transfer would probably not happen. 

Parties are slated to reconvene May 22.

Homicide Defendant Withdraws Guilty Plea

A homicide co-defendant’s request to withdraw a guilty plea was granted by DC Superior Court Judge Neal Kravitz on Feb. 14.

Raymond Avent, 24, Keith Baham, 25, and Tyler Stringfield, 26, are charged with first-degree murder while armed, conspiracy, possession of a firearm during a crime of violence, two counts of carrying a pistol without a license outside a home or business, two counts of possession of a large capacity ammunition feeding device, two counts of possession of an unregistered firearm and two counts of unlawful possession of ammunition. These charges stem from their alleged involvement in the death of 23-year-old Rafiq Hawkins in the 1200 block of Brentwood Road, NE on March 23, 2019.

Additionally, Avent is also charged with assault with intent to kill while armed, assault with a dangerous weapon, assault knowingly while armed, unlawful possession of contraband in a penal institution, and conspiracy, for his alleged involvement in a DC Jail stabbing on June 3, 2021, on the block of D Street SE.

According to court documents, video footage showed three suspects exiting a vehicle, pointing guns at Hawkins, and firing multiple rounds before they re-entered the vehicle and fled the scene. When Metropolitan Police Department (MPD) officers arrived at the scene, they found 34 shell casings.

During the hearing, Elizabeth Weller, Avent’s attorney, motioned to withdraw Avent’s guilty plea which he’d accepted back on March 15 and previously attempted to withdraw on Aug. 29. Judge Kravitz granted the request.

Avent and Baham are slated to return to court on March 14.

Stringfield is slated to return on March 6.

Homicide Trial Delayed Due to Missing Key Witness

The prosecution requested a six-day continuance in a homicide trial after they couldn’t locate one of their key witnesses on Feb. 18 in front of DC Superior Court Judge Michael Ryan

Jerome Israel, 19, is charged with premeditated first-degree murder while armed, two counts of carrying a pistol without a license, two counts of unauthorized use of a vehicle, unlawful discharge of a firearm, and two counts of destruction of property, for his alleged involvement in the death of ChaQuan Barbett, 24, on Aug. 23, 2022. The incident occurred on the 2300 block of Minnesota Avenue, SE.

The prosecution requested to delay the jury trial as they claimed this witness was essential. The witness’ relationship to the case has not been disclosed. 

Israel’s attorneys, Janai Reed and Lisbeth Saperstein, agreed to the delay stating that they did “not really have a leg to stand on to object.” Judge Ryan granted the prosecution’s request. 

Parties are slated to reconvene on Feb. 24. 

Judge Declares Mistrial in Homicide Case Over Jury Bickering

DC Superior Court Judge Michael Ryan granted a mistrial for a homicide trial after the jury was unable to reach a unanimous verdict on Feb. 19.

Terrance Stoney, 31, is charged with second-degree murder while armed, 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 fatal shooting of Donte Tiller, 43. The shooting occurred at the intersection of Naylor Road and Southern Avenue, SE, on March 17, 2023. 

The judge received a note from a juror saying the deliberation room was an “unproductive and unethical” environment. Jurors claimed that one juror said, “he looks like a killer” and “if he were innocent, he would have testified” during deliberations. 

Jurors also allegedly discussed the case outside of deliberations even when told not to, according to Judge Ryan.

After questioning each juror individually, Judge Ryan noted that he was concerned the jury would not proceed as fair and impartial, and it was clear to him that the jury was hung, leading to his declaration of a mistrial. 

Parties are slated to reconvene Feb. 20.