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.

‘I Was in a Mode of Survival,’ Defendant Testifies in Shooting Trial

A shooting defendant testified she was only attempting to avoid conflict in a trial before DC Superior Court Judge Carmen Mclean on March 17.

Ni’Jhae Curry, 34, is charged with assault with a dangerous weapon, endangerment with a firearm, possession of a firearm during a crime of violence, two counts of carrying a pistol without a license, and possession of a prohibited weapon for her alleged involvement in a shooting on Oct. 17, 2023 on the 900 block of Sycamore Drive, SE. No injuries were reported.

In her testimony, Curry claimed she had a “very odd initial relationship” with the victim when they first met working at the DC Department of Employment Services (DES), and their feelings toward each other were “very up and down.”

According to Curry, the falling out between the two occurred when Curry was giving the victim a ride home from work. They stopped by a friend of the victim’s to buy marijuana and transaction made her at ease with the victim. Meanwhile, Curry learned that the victim has “blocked” incoming calls from her phone and social media accounts, thereby elevating her concern.

That’s when Curry says the victim started to spread rumors about her at work.

Curry testified that seven months before the shooting, the victim harassed her in their workplace break room to the point that other individuals had to hold her back and cover her mouth. A witness present on that day was called by the defense, and she testified that Curry was standing in the corner and not escalating the situation.

Curry told the jury that she wrote multiple complains to her supervisors at DES, and the victim was finally fired from the job one month before the incident. She stated that the victim “escalated every time she could, she aggressed at me.”

On the date of the incident, Curry and the victim crossed paths in their apartment building. and began to fight in the hallway.

Curry’s neighbor witnessed the fight and was called by the defense. He testified that it was “just a catfight” and that it “didn’t seem serious” to him. He also stated that he didn’t hear mention of any guns during the fight, but Curry claimed that the victim was threatening to shoot her.

Curry stated that after the fight, she went into her apartment despite feeling “unsafe.” She considered calling 911, but decided against it because “they take forever to show up”. Hallway video footage shows Curry leaving her apartment allegedly with a nine millimeter handgun.

She claimed that she was “threatened with bodily harm” and knew the victim would “come back for her.”

When Curry walked out, she allegedly saw the victim “running towards her with something black in her hand,” and fired a “warning” shot into the air. However, the victim did not have a firearm.

Curry stated “I didn’t want to hit her or anything else. I just wanted her to leave”.

During cross-examination, prosecutors inquired as to why Curry did not call the police if she felt extremely in danger. Curry responded by stating “I was in a mode of survival,” and “I never meant to hurt anyone.”

Curry’s testimony will continue March 18.

Non-Fatal Stabbing Defendant Waives Right to Test DNA Evidence

Rubin Holman waived his right to test DNA evidence during a hearing before DC Superior Court Judge Neal Kravitz on March 14.

Holman, 31, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed. The charges stem from his alleged involvement in a non-fatal stabbing that occurred on the 600 block of Pennsylvania Avenue, SE, on Oct. 4, 2022.

According to arrest documents, the victim was a CVS store employee. He told police he was stabbed in the neck by an individual he asked to leave the store after allegedly taking soda and chips without paying.

Holman’s attorney, Jesse Winograd, appeared in court virtually from the DC Jail alongside his client.

Winograd told the court the prosecution isn’t testing any DNA evidence in this case, only fingerprints.

The next hearing is scheduled for Sept. 30.

Defense Challenges DNA Evidence in Murder Case

During a status hearing on March 18 before DC Superior Court Judge Jason Park, the prosecution presented crime scene evidence they say is a close match to the defendant’s DNA profile, prompting the defense to ask for a retest of the genetic samples by their expert.

Jayden Bracey, 23, is charged with first-degree premeditated murder while armed, three counts of possession of a firearm during a crime of violence, two counts of assault with intent to kill while armed, and carrying a pistol without a license outside a home or business. These charges stem from his alleged involvement in the murder of Angela Washington, 42, on Sept. 2, 2021, on the 3300 block of 10th Place, SE.

During the proceeding, the prosecution presented physical evidence including bullet fragments, six casings, nine additional ballistic remnants, and four swabbed casings in their case.

The swabbed casings underwent DNA analysis and fingerprint testing, and one of the casings returned with identification information that is said to implicate Brady, according to the prosecution.

Bracey and his defense attorney, Todd Baldwin, agreed to have one casing retested by their expert.

Parties are slated to reconvene June 6.

Two Armed Carjacking Co-Defendants Denied Stepped-Down Release

DC Superior Court Judge Jennifer Di Toro denied one carjacking co-defendant’s release and a second co-defendant’s release modification on March 18.

Antonio Kent, 19, is charged with armed carjacking for his alleged involvement in a carjacking incident that occurred on Sept. 1, 2024 on the 5500 block of Jay Street, NE.

Darryl Butler, 19, and Julan Byrd, 17, are charged with armed carjacking and possession of a firearm during a crime of violence for alleged involvement in the same incident. Byrd is additionally charged with robbery while armed.

During the hearing, Kent’s defense attorney, Alvin Thomas Jr., asked the Court to put Kent on GPS ankle monitoring. He added that this change would allow Kent to participate in a program to receive his driver’s license.

The prosecution argued that there is no combination of release conditions that would ensure the safety of the community as Kent currently has a pending firearm case. As a result, Judge Di Toro denied the defense’s request for release.

Byrd’s defense attorney, Varsha Govindaraju, requested that the Court amend Byrd’s stay away order, a release condition that prevents him from entering Washington, DC. Govindaraju told the Court that Byrd goes to school close to the DC border, and is often rerouted into the city. He recently violated the stay away order as a result.

The prosecution said this modification would not work logistically. Judge Di Toro denied the defense’s request but said she would assess any notices of non-compliances as they arise.

Parties are expected to reconvene on April 18.

Judge Quashes Some Prosecution Evidence in Triple-Homicide Trial

More than three weeks after a jury trial was slated to begin, the final motions for a six co-defendant homicide case were decided by DC Superior Court Judge Neal Kravitz on March 17, giving the defense a partial victory on constitutional grounds.

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 on 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.

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

The defense’s motion to suppress the evidence found from the search warrant for Thompson’s Instagram account was sustained by Judge Kravitz, ruling that the search violated the Fourth Amendment protection against illegal search and seizure. The defense then pushed to suppress the T-Mobile phone records, as the records were found through the now invalid Instagram warrant information.

Judge Kravitz applied the “inevitable discovery doctrine,” which is the exception to illegally obtained evidence. He reasoned that the T-Mobile records would have likely been obtained if law enforcement had continued their search separate from the Instagram account.

Similarly, the defense filed a motion to suppress evidence obtained through a search of Thompson’s home. Thompson’s defense attorney, Elizabeth Weller, argued that the probe was tainted by the poisonous fruits of the Instagram warrant, making it unlawfully obtained evidence.

Kravitz disagreed, saying that prosecutors presented significant evidence Thompson was a suspect, and the motion to suppress obtained from the home search was denied.

Finally, the prosecution sought to admit evidence obtained in a search warrant for Rezene’s Instagram account that was conducted in relation to another one of his cases. Rezene’s defense objected, saying that this evidence was disclosed far too late into the process and the defense received no prior notice of introduction from the prosecution.

Judge Kravitz is allowing the prosecution to admit this into evidence, but also allowing Rezene’s counsel to challenge it on Fourth Amendment grounds. The prosecution has until 5 p. m. on March 17 to decide if they want to follow through with this evidence, risking a further delay in jury selection while additional oral arguments are conducted.

Jury selection is scheduled to begin on March 19.

Detective Outlines Multiple Wounds Sustained by Homicide Victim

A Metropolitan Police Department (MPD) detective outlined the injuries sustained by a homicide victim in front of DC Superior Court Judge Danya Dayson on March 13.

Quateze Moore, 46, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of Martinez Robinson, 25, on August 23, 2024, on the 1300 block of Girard Street, NW. Robinson suffered multiple gunshot wounds, succumbing to his wounds at a local hospital.

In court, the prosecution had the detective watch and explain surveillance footage from outside the park where the homicide occurred. This included MPD crime cameras that showed the entrance to the park.

Madalyn Harvey, Moore’s attorney, questioned the detective on the location of the gunshot wounds on Robinson, pertaining to a potential self-defense claim. The detective stated that all four of the gunshot wounds were on the front side of the victim’s body. Harvey also mentioned that the victim had prior convictions for gun arrests, which was corroborated by MPD.

Harvey also asked the detective questions addressing Robinson’s undergarments, as a gun was found “in his briefs.” According to the detective, the gun found at the scene was possessed illegally, had a laser scope, an extended magazine, and a ‘giggleswitch’, which changes the pistol from semi-automatic to automatic.

Due to time constraints, parties were unable to conclude the detective’s questioning.

Parties are slated to reconvene April 4.

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