Wrong Defendant Transferred from DC Jail to Courthouse

A defense attorney notified DC Superior Court Judge Micheal Ryan that the wrong defendant was transported from the DC Jail to the courthouse after a mix-up on Nov. 7.

Stephen Rattigan, 49, is charged with six counts of assault with intent to kill while armed, six counts of assault on a police officer while armed, 15 counts of possession of a firearm during a crime of violence, destruction of property worth $1,000 or more, endangerment with a firearm, five counts of unlawful possession of a firearm with a prior conviction and cruelty to animals for his alleged involvement in the shooting of three Metropolitan Police Department (MPD) officers on Feb. 14, 2024 on the 5000 block of Hanna Place, SE.

According to court documents, the shooting occurred following MPD’s arrival at Rattigan’s home with an arrest warrant for animal cruelty. The initial confrontation quickly escalated into a barricaded situation where Rattigan allegedly shot and injured three MPD officers, eventually surrendering after a standoff that lasted several hours.

An MPD report from a later search of his home revealed that Rattigan had 31 dogs, three handguns, two AR-style rifles, two full drum magazines, as well as an additional large-capacity magazine.

On April 4, Rattigan pled not guilty before Judge Ryan, and asserted his rights to a speedy trial.

Rattigan’s defense attorney, Stephen LoGerfo alerted Judge Ryan that another defendant with the last name Rattigan had been brought to the courthouse from DC Jail, instead of his client for a status hearing.

LoGerfo stated that the other defendant was recently detained, and unsure how the mix-up occurred, and Judge Ryan agreed.

Parties are slated to convene Nov. 21.

‘Ran Her Down, Tripped Her, and While She Was Lying on the Ground Helpless, He Thrust A Knife Into Her,’ Say Prosecutors in Murder Case Opening

Parties delivered opening statements in a homicide trial before DC Superior Court Judge Michael Ryan on Nov. 4.

Tywan Morris, 30, is charged with second-degree murder while armed, carrying a dangerous weapon outside a home or business, and two counts of possession of a prohibited weapon for his alleged involvement in the fatal stabbing of 27-year-old Danielle Stuckey, on Oct. 17, 2021, at the 2800 block of Alabama Avenue, SE. The victim suffered a fatal stab wound to her thigh, where her femoral artery was severed.

The prosecution opened stating that the jury was there not only for a woman’s murder but also the defendant’s alleged involvement in influencing a key witness.

On the day of the incident, the victim and her eldest son left their residence and went to the Safeway off of Alabama Avenue, SE. After exiting the store the two headed to a bus stop that was directly in front of the BP gas station, claimed prosecutors. While at the bus stop Morris pulled into the gas station.with his girlfriend and their infant son.

According to the prosecution, Stuckey saw that the defendant had arrived at the gas station and walked over to his vehicle. Prosecutors acknowledged that at the time of the incident the victim’s blood alcohol level (BAC) was over the legal limit.

The prosecution stated that surveillance footage depicts their conversation escalating into an argument, however, the victim was seen walking back to the bus stop, where her son was.

Video surveillance showed another vehicle pulled into the gas station, during the period in which the defendant and victim were arguing, according to the prosecution. The driver of the vehicle and the passenger are both witnesses in the case.

Prosecutors alleged that the individual in the passenger seat had a conversation with the defendant where Morris asked, “Do you got that?” In response, the passenger gave the defendant a knife. Once he had the weapon, Morris walked back over to his car, gave the weapon to his girlfriend, and they both headed towards the bus stop where the victim was with her son, claimed the prosecution.

As the two approached the defendant’s girlfriend took “a couple swipes” at the victim with the knife, as seen on video surveillance from the bus stop. The opening prosecutor argued that the victim’s son tried to protect his mom, but the defendant took the knife and charged the victim. On security video the victim can be seen backpedaling and the defendant allegedly kicks at her, tripping her. As she is on the ground Morris can be seen kicking at her head then stabbing her and fleeing the scene, alleged the prosecution.

“He ran her down, tripped her, and while she was lying on the ground helpless, he he thrust a knife Into Her,’ said the prosecutor.

On Oct. 31, 2023 one of the prosecutors received an email from a witness alleging that the defendant had offered her a sum of money to not appear in court to testify.

Defense attorney Steven Kiersh stated that in order for Morris to be found guilty of second degree murder there must be no mitigating circumstances, factors that can lessen the severity of an action. Attorney Kiersh argued that there were multiple mitigating factors, one of which was a prior incident involving the victim.

On July 18, 2021, a woman filed a police report allegeding that following an argument with the victim she was shoved to the ground and assaulted in a laundromat. He also cited her blood alcohol level and the fact that she was arguing with the defendant while his girlfriend and their infant son were in the car right next to them.

The prosecution called an eyewitness who was the driver of the vehicle in which the passenger gave the defendant the knife, and was offered a sum of money to not come to court to testify.

On the day of the incident she stated that she drove to the BP gas station with the other witness. She was sitting in the car playing games on her phone when she heard a man and a woman arguing. She stated she did not know the woman, but she recognized the man because the other witness in the car knew him and she had seen him before.

The man in the argument came over to the passenger side door and started talking to the witness in the passenger seat, according to the witness. She stated that she heard the man say, “Do you got that”, and the passenger pulled out what she described to be “something sharp, it looked like a knife”, and gave it to the man outside the car.

When asked if she saw anyone with a weapon that day she stated no. She also said that she left the gas station because she did not feel safe, and that she and the passenger never discussed what happened that day.

Prosecutors asked why she emailed a member of the team on Oct. 31, 2023. She said that she had received a Facebook message from the passenger in the car that day to call her. She alleged that on that call he stated that he ran into Chucky, the defendant, and that there was a “recording of her”. He went on to say that Morris was offering to pay her an undisclosed sum of money to not come to court.

Kiersh emphasized that she did not personally get the message from the defendant, but that all messages about paying her had come through the passenger.

The prosecution clarified that she had emailed them immediately after receiving the message because she feared for her life.

Under cross examination, Kiersh asked if she was able to recognize the man in a still photo taken from the BP gas station’s cameras. The witness asked to zoom in on the man, but could not tell who the man was. When prompted by the defense, the witness said she supposed the man must have been Morris, as he was the only man around. She also was unable to recall if the man in the photograph is the man who came up to the passenger in the car with her.

Prosecutors called the father of the victim’s two youngest children to the stand. On the day of the incident he was at the victim’s apartment with all three of the children and the victim. He said that she left with the eldest to go to the Safeway off of Alabama Avenue, SE to get groceries for dinner.

Around 6pm he received a call from the victim’s oldest child telling him that his mother was hurt, she was stabbed. When asked if he told the witness who stabbed his mother, he said Chucky. The witness stated that he knew Chucky, Tywan Morris, because they grew up in the same neighborhood.

He was asked if he learned about who was in the car with the defendant at the time of the incident, he said he did. When prompted about the nature of his “history” with the individual in the car he said they had a sexual relationship.

He said that he knew how the victim felt about this individual and that she was upset with him. He stated that the victim learned about the two individuals’ relationship a year before the incident occurred.

In cross examination by the defense he was asked what he did after the victim found out about the relationship. He said that he stopped talking to the individual and stopped going around the area where she lived.

Several experts and MPD officers testified throughout the afternoon. An officer with the electronic surveillance unit confirmed that he pulled the footage that was shown in court from the cameras at the BP gas station.

This was the same footage used to create several compilations of the incident. He explained how he stitched the videos together, playing some at the same time to create a better perspective of what happened leading up to the incident. He had added text in the video if he altered it in any way, either by enlarging the video or by panning to keep focus on certain individuals.

Several Metropolitan Police Department (MPD) officers were called to the stand.

One officer testified that on the day of the incident he was on patrol when he received a radio call that there was a woman down in the area.

His body-worn camera footage was played. The victim could be seen lying in a pool of her own blood, trying to sit up while swaying half-conscious. The officer testified that he called for EMS before arriving on scene and applied a tourniquet to the victim’s upper thigh to try and stop the bleeding.

Another officer was part of the team that looked for the green Nissan belonging to Morris. His body-worn camera footage showed the Crime Suppression Team (CST) discovering the vehicle and calling for more units.

A sergeant with the CST also testified, his bodyworn camera footage showing Morris being escorted out of his home by police.

An expert from the Department of Forensic Science (DFS) testified that she had met with two detectives to collect evidence in relation to the case. She took photos of those pieces of evidence and packaged them. These photos were shown in court.

The prosecution also provided her with a box that she had packaged. She opened the box and the four pieces of bagged evidence inside: a long-sleeved shirt, a pair of shorts, a pair of sweatpants, and a pair of shoes.

The lead detective in the case was also called, and will be continuing his testimony when the parties reconvene.

Parties are slated to return on Nov. 5.

Judge Balances Evidence in Four Co-defendant Carjacking Case

DC Superior Court Judge Andrea Hertzfeld ruled on the admissibility of evidence in a four co-defendant carjacking case on Oct. 31.

John Gear, 21, Jayquan Johnson, 20, Lee Johnson, 20, Marquis Alston, 20, are charged with counts of assault with a dangerous weapon, assault with intent to commit robbery while armed, robbery while armed, robbery, and possession of a firearm during a crime of violence in connection with their alleged involvement in an armed robbery and carjacking on the 1700 block of New Jersey Avenue, NW on April 16.

The prosecution said they intend on using a gun allegedly found in Gear’s residence during a search warrant as evidence during the trial. They argued that the gun is instrumental to their case, as this was an armed carjacking.

Alvin Thomas, Gear’s defense attorney, argued that while this gun was found in his client’s residence, there is not enough evidence that it was the gun used in the incident. Jayquan’s attorney, Kevann Gardner, further argued that the gun, which is a black handgun, matches the description of the vast majority of firearms in DC. He argued that admitting the gun into evidence would be prejudicial.

Judge Hertzfeld decided that the gun can be used in trial because a witness will testify about it.

Other evidence the prosecution intends to use was also at issue.

Judge Hertzfeld ruled that two photos of Gear with a gun can be used to connect his gun to the carjacking. Thomas argued that the photos are prejudicial, but the prosecution argued that its value for their case outweighs prejudice.

She also allowed the prosecution to use text messages from Alston where he talked about the cost of a gun because they were sent near the time of the incident.

Judge Hertzfeld did not admit text messages from Jayquan talking about a separate uncharged robbery due to its being potentially prejudicial.

The prosecution also wanted to use Alston’s GPS, which was issued for his release in an unrelated matter, as evidence, arguing that he let his monitor die around the time of the carjacking. Mark Rollins, Alston’s defense attorney, argued that his battery is unrelated to the case. Judge Hertzfeld agreed, saying that the dates in which his monitor was dead are too divergent to use as evidence.

Parties also discussed a wired plea that was previously extended to the defendants, but did specify the terms. In order to accept the plea, all defendants have to agree. According to Thomas, three of the four defendants wanted to take a plea deal and claim responsibility, so none of them will be able to take it.

Thomas and Gardner argued for the pleas to be separated so their clients can plead guilty and avoid trial. The prosecution said that they will only offer a wired plea.

Judge Hertzfeld agreed with the prosecution’s decision.

“When you commit an armed carjacking with other people, you run the risk of going to trial with those people,” she said.

The trial is set for Dec. 1.

Parties are slated to reconvene on Nov. 20.

Shooting Defendant Rejects Prosecution’s Plea Offer

A shooting defendant rejected a plea deal extended by prosecutors before DC Superior Court Judge Judith Pipe on Nov. 4.

Alonzo Hinton, 39, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and possession of a prohibited weapon for his alleged involvement in a non-fatal shooting on Sept. 20 on the 100 block of Atlantic Street, SE.

During the hearing, prosecutors alerted Judge Pipe they had extended a plea offer, which would require Hinton to plead guilty to assault with a dangerous weapon and carrying a pistol without a license. If accepted, the prosecution would agree to dismiss other charges, and not seek an indictment.

Hinton’s defense attorney, Ferguson Evans, alerted the court of his intent to reject the offer.

Evans requested Hinton’s release, stating he has significant support from the community and stable employment, proving that he would be successful in supervised release.

Judge Pipe denied Hinton’s request for release, stating the circumstances have not changed. .

The parties are slated to reconvene on Feb. 2.

Parties Question Victim’s Account, Police Investigation in Carjacking

Parties questioned a carjacking victim’s sobriety and if officers followed proper investigative procedures in a trial before DC Superior Court Judge Andrea Hertzfeld on Oct. 30.

Marcus Tucker, 30, is charged with armed carjacking with two prior felony convictions, assault with a dangerous weapon with two prior felony convictions, armed robbery with two prior felony convictions, and three counts of possession of a firearm during a crime of violence with two prior felony convictions for his alleged involvement in a carjacking at the intersection of Hartford and 30th Streets, SE, on April 17.

During the trial, a sergeant with the Metropolitan Police Department (MPD) testified to picking up the victim from his house and bringing him to a “show up” identification to identify a potential suspect.

The prosecution asked the detective if he provided instructions to the victim about the identification before he arrived, and the detective said that he had.

When asked why, the detective explained that he wanted to ensure that the witness understood what was happening and knew that “just because we’re showing him someone” didn’t mean that they were the suspect.

The detective said he wanted to make sure they got “the right person.” The detective told the victim that they would continue investigating regardless of the victim’s answer, and that being uncertain was “not the end of the world.”

According to the detective, he turned off his lights so that the cruiser’s lights wouldn’t impair or distort the victim’s vision. The detective also explained how he referred to the suspect as the “stopped individual” so that he wouldn’t “lead” the victim to believe that the person was involved.

Pulling up to Tucker, the victim said that he “was the individual with the gun.” The victim said that “he had the exact same clothing on” and was “one-hundred percent” confident that it was the same person.

Tucker was in handcuffs during the identification, which, according to the detective, was protocol because the defendant was stopped in relation to a violent crime.

After the identification, the detective said that he took the victim from the scene and didn’t discuss the case. He also said he had not taken any notes during the procedure, and didn’t write any reports except for an email he sent to his supervisor.

Another officer testified to speaking with the victim, who had been arrested a few hours prior for possessing an open container of alcohol. The officer said that the victim did not appear intoxicated and that he had not seen him consuming any alcohol on the scene.

Tulley asked if the crime scene was located near a liquor store, which the officer said it was, and then showed a video of the witness walking near a set of stairs that would lead to a plaza with a liquor store. The officer stated that he was unsure where the witness was before the incident, and hadn’t checked nearby cameras to find out.

A third officer tracked the victim’s phone to an alleyway with two cars, and found Tucker next to one of them. He described Tucker as “pretty friendly,” and wearing all white except for a black coat, which he said he had put on because it was cold.

The officer detainedTucker, making him aware that he was stopped as part of an active investigation. Items such as keys and a phone belonging to Tucker were recovered.

During a cross-examination by Laura Roman, Tucker’s other attorney, the officer testified that Tucker did not try to flee. Not when the officer’s car drove by him twice, and not when he was approached.

Roman also noted that Tucker asked permission from officers before doing anything. The officer also testified that during a show-up identification procedure, conducted at about three in the morning, the patrol car’s headlights were on and the red and blue lights were flashing. Roman also noted that Tucker was the only person shown to the victim.

Prosecutors called an MPD detective who testified to responding to a report of an armed carjacking. He stated that he spoke to a responding officer and the victim, who seemed agitated and angry based on his demeanor.

When Tulley talked about the eyewitness identification rules to promote “accuracy and reliability,” he asked if the detective documented the victim’s facial expressions during the identification procedure, or if he had obtained a description of the perpetrator from the victim before the identification. The detective said that he did not.

The detective also testified to police instructions saying that the individual should be presented in the least suggestive manner noting that the suspect was wearing handcuffs. .

In a redirect by prosecutors, the detective testified that he had not been reading off of a 19 page general order during the identification procedure and that his main goal was to give the instructions to the best of his knowledge so that the victim would go into the procedure neutral.

When asked by prosecutors, the detective stated that the victim did not appear to be under the influence.

The detective also stated that there was a license plate reader hit for the victim’s car and the tag scene in the photo was the tag given to officers. There were no other hits that night, according to the officer.

Prosecutors noted that any footage related to the case is missing.

He also stated that he talked to an officer over the phone who had stopped the suspect, and he asked if the suspect matched the description given by the victim, to which the officer responded yes.

The detective stated that he could not do the identification procedure because he was dealing with another incident, so he had another detective do it for him.

The detective’s testimony will resume at a later time.

Parties are set to reconvene on Oct. 31.

Judge Denies Motion To Suppress DNA Probe In Homicide Case

DC Superior Court Judge Jason Park denied a motion to suppress a mouth swab used to obtain a defendant’s DNA on Nov. 10.

Samuel Mack, 59, 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 in connection with his alleged involvement in the fatal shooting of 35-year-old Erica Ward on Dec. 30, 2020, on the 4700 Block of Benning Rd, SE.

A search warrant for DNA testing was executed, and the defense attorney, Joseph Yarbough, stated that they intended to question that warrant.

Prior to the ruling, the prosecution emailed the court inquiring about potentially testing the recovered firearm for DNA.

The defense argued against further testing, stating that there was sufficient evidence to identify and arrest the defendant, prompting their motion to deny the prosecutor’s request for buccal or mouth swab testing to get a sample for DNA analysis.

The court denied the defense’s motion to suppress the swab, since the probe complied with lawful procedures and did not violate the defendant’s Fourth Amendment rights against unreasonable search and seizures.

The trial has been continued to 2026.

Parties are slated to reconvene on Feb. 13, 2026.

Releasing Murder Suspect, Judge Says, ‘One of the More Difficult Decisions I’ve Made’

DC Superior Court Judge Michael Ryan made a “difficult decision” to release a murder defendant from incarceration on Nov. 5.

Jordan Battle, 24, is charged with first-degree premeditated murder while armed, second-degree cruelty to children grave risk while armed, two counts of possession of a firearm during a crime of violence and obstructing justice.

The charges are in connection to his alleged involvement in the murder of 18-year-old Terrell Oliver at the 2600 block of Stanton Road, SE on Dec. 18, 2024. The defendant’s alleged actions also posed a grave risk of bodily injury to a three-year-old.

“I’ve found it to be one of the more difficult decisions I’ve made,” Judge Ryan stated in court that Battle would be released from jail.

Judge Ryan noted that one of the primary reasons was the nature of the defendant’s relationship with the victim. Safety of the community is an important consideration whether to release a defendant, and Judge Ryan explained that since the defendant and victim knew each other, there was a reduced likelihood for the Battle to commit a random shooting upon his release.

Judge Ryan stated that one of the other key factors that swayed his decision was the “relatively fabulous” release package put together by defense attorney Kevin O’Sullivan.

The conditions outlined that Battle will have to adhere to home confinement with GPS monitoring, and a stay away order from the DC area and, specifically, the Washington View neighborhood. The only reasons Battle can enter DC are to satisfy his Pretrial Services Agency (PSA) requirements, or to meet with O’Sullivan for trial related matters. Battle will also be permitted to attend church on Sundays with the family he will be staying with.

“You should understand it’s very difficult to release someone with the severity of these charges,” Judge Ryan spoke directly to Battle. “It’s very important that you comply with these conditions of release”.

Parties are set to reconvene on Dec. 11.

‘I’m Reminded Every Morning of Your Cruelty,’ Victim Tells Killers at Sentencing

DC Superior Court Judge Robert Okun sentenced two teen murderers to 18 years on Nov. 7 in a crime that started as a robbery over a pair of tennis shoes.

On Oct. 28, 2024, Anthony Monroe, 19, and Marlan Smith, 18, pleaded guilty to second-degree murder while armed and assault with a dangerous weapon for their involvement in the murder of 17-year-old Antonio Cunningham, and the shooting of another individual, on Sept. 11, 2023, on the 2300 block of Washington Place, NE.

The defendants, who were juveniles at the time of the incident, were charged as adults under Title 16. Through the deal, parties agreed to a sentencing range of 13-to-18 years of imprisonment.

According to the prosecution, the defendants were on a robbery spree the day of the incident, and attempted to rob Cunningham of his Balenciaga sneakers, when a legally armed samaritan intervened for Cunningham. Monroe and Smith shot Cunningham and the samaritan multiple times.

“To the murderers that stand before us today,” the surviving victim stated, “You shot me, and I’ve lived with this mental and physical hell ever since.”

“I’m reminded every morning of your cruelty, when I see myself in the mirror,” the victim said, adding he constantly lives in fear when he sees a group of young Black men.

“In my opinion, you are not worthy of freedom… You robbed Antonio and his family of the opportunity to live a long life. You brutally shot him in the head. I watched his lifeless body fall back as you brutally killed him,” he stated.

The victim continued, “Not only do you deserve the maximum sentence without parole, I ask that you spend the rest of your life in jail… Antonio will never have the opportunity to walk this earth again, so why should you?”

“Sept. 11, 2023 changed my life forever,” Cunningham’s dad stated, “That was the day that my son, Antonio Cunningham, was taken from us at only 17.” He deemed Cunningham “a young man, full of life, joy and dreams.”

Cunningham’s dad said he was more than just his son, recalling he was the family’s light. “He had a spirit that drew people in and lifted them up,” he cried. According to his family, Cunningham was playful, kind, and ambitious – he was killed on his way to work at Jersey Mike’s.

His dad told Judge Okun he walked across the stage in June to receive his high school diploma on his behalf. “He should’ve been there, walking that stage, smiling and proud of his accomplishments.”

“Since losing my son, life has been a living hell,” he insisted, adding that the family’s pain never leaves.

“To both of you, who took him. You destroyed something precious, something pure,” the dad continued. “You took a man who had so much to give. You deserve to feel the weight of what you’ve done.”

“I hope [your parents] understand the pain I live with every day,” Cunningham’s dad told Monroe and Smith.

“You took away my first born, my pride, my joy, and in doing so, you took a piece of me that I’ll never get back,” Cunningham’s mom cried. “You took away a future that was filled with promise… every moment is a reminder of what we lost, because of you.”

“I want you to feel the pain, emptiness, guilt and loss that we feel every day – you took our lives and you turned them upside down,” Cunningham’s mom said to the defendants.

The prosecution displayed pictures of Cunningham, surrounded by his family, to the court. “This light, and this wonderful kid, who is so dedicated to his family and doing the right thing… all of that is gone because of [Balenciaga sneakers],” the prosecutor told Judge Okun.

“That life was taken over tennis shoes – ugly tennis shoes,” she stated, adding that Monroe and Smith had been on a robbery spree in the hours leading up to the shooting, and “this happened because it was the predictable outcome.”

According to the prosecution, Monroe and Smith robbed multiple people in a stolen car with illegal guns.

“[Cunningham] was going to work to pay for nice things, which these two did not do because they were taking them from other people,” the prosecutor insisted.

Through the deal, prosecutors agreed to not seek additional charges for the robberies committed leading up to Cunningham’s murder, and multiple robberies that the defendants allegedly committed during the summer of 2023.

Prosecutors also agreed to dismiss two assault cases that the defendants accrued while awaiting a resolution in this case. “They couldn’t even get right while they were locked up,” the prosecutor said.

“Due to the enormity of their actions leading up to this, they have lost the right to walk among the community,” the prosecutor argued, requesting that Judge Okun impose an 18 year sentence. She cited the “brutality and viciousness” of their actions.

Stephen LoGerfo, Monroe’s attorney, stated that “this is a tremendous tragedy” for which Monroe has felt terribly about during his incarceration.

According to LoGerfo, Monroe endured a lot of trauma leading up to the incident, including his father tragically passing away in a car accident, and Monroe being shot twice months before Cunningham’s murder.

“He was in a very difficult place in life,” LoGerfo argued, stating Monroe had experienced post-traumatic stress disorder and the difficulty of adjusting medically and mentally to his circumstances.

“He had a single mom who tried her best,” LoGerfo stated, highlighting Monroe’s difficult upbringing, adding that he had “very very significant limitations,” at school due to his diagnosis of ADHD that went untreated.

LoGerfo requested Judge Okun impose a 13 year sentence, arguing that is more than enough time for Monroe to think about what he wants to do with his life and come back to the community a productive individual.

“I truly apologize for what happened that day,” Monroe said, adding “I never meant for it to go that way.”

“No doubt, Marlan was doing things he shouldn’t have been doing,” Thomas Key, Smith’s attorney, said.

According to Key and Rachel Goodman, Smith’s other attorney, had the surviving victim not been armed, the incident would have remained a robbery. He stated that a concerned citizen, who was carrying a gun, intervened in Cunningham’s robbery and approached them with his gun out.

The prosecution quickly disagreed with Key, stating that the surviving victim had his gun at his side, not pointed at the defendants when he approached them.

“In that second, it went from a robbery where they wanted the shoes, and turned it into a gun fight,” Key argued. “It’s not that he went out to kill somebody. Unfortunately, it was a consequence.”

Key requested Smith be sentenced to 13 years, arguing that “regardless of the time, it should be about thinking of what he did,” which he argued Smith does every day. “He is remorseful.”

“What is he going to do with those years,” Key questioned, requesting that Smith’s judgment and commitment order, which tells the DC Jail he can be transferred to serve his sentence at the Bureau of Prisons (BoP) be deferred until he finishes his high school diploma at Maya Angelou in the DC Jail.

According to Key, if Smith is able to get his high school diploma it’ll make him eligible to participate in most programs at the BoP.

“Instead of rotting like a potato in prison, is he going to be a person who, because he completed the diploma, is eligible to do additional schooling, learn a trade?” Key stated.

“Without that credential, he will be excluded from the opportunities he needs,” Goodman added, insisting that “Education is the foundation for rehabilitation.”

Key insisted delaying Smith’s sentencing order would benefit the community, stating “When he comes out, it would be best for everyone if he has learned a trade, if he is employable, so he doesn’t come back and get into this lifestyle.”

“I take full responsibility for what I did,” Smith told Judge Okun. “I was doing something I wasn’t supposed to be doing, I know that’s on me. I regret it every day.”

“I hope one day in the future you might be able to forgive me,” Smith said to Cunningham’s parents and the surviving victim, “I know I don’t deserve that right now, but I want to work every day to become someone better.”

Cunningham’s mom opposed the delay, while the surviving victim and Cunningham’s dad agreed to it to ensure he could get his education.

Judge Okun agreed to delay the order, as long as Smith remains compliant in the jail and does not accrue more disciplinary actions.

“In my mind, given the just awful nature of the crimes in this case, and the really significant number of crimes they were committing leading up to the case,” justified a higher sentenced, he said. ƒ

Judge Okun imposed an 18 year sentence for both defendants on the murder charge, and 66 months for the assault with a dangerous weapon, which will be served concurrently.

Both defendants will be required to register as gun offenders when released.

“You are really young, there’s no doubt,” Judge Okun said, “You’re still going to be young when you get out. For your sake, and the community’s sake, I hope you can both do well when you’re incarcerated.”

Smith is expected to return to court in August of 2026.

Shooting Defendant’s Hearing Delayed Due to Illness

DC Superior Court Judge Robert Hildum rescheduled a shooting defendant’s hearing after he missed court due to illness on Nov. 5.

Marcus Tate, 31, is charged with aggravated assault, knowingly while armed, and possession of a firearm during a crime of violence for his alleged involvement in a shooting that injured one individual on the 2300 Block of Pennsylvania Avenue, SE on July 7. The victim sustained a gunshot wound to the right hand and right bicep area.

Tate did not appear in court during the hearing, with U.S Marshals confirming that he was ill.

The defense attorney, Albert Amissah, requested that a new date be scheduled before the calendar judge, Judge Pipe.

Amissah also informed the court that discussions are ongoing with the prosecution regarding a potential plea offer, though no details were disclosed.

Parties are slated to reconvene on Dec. 12.

Defendant Accused of Stabbing his Brother Accepts Plea Offer

A defendant who is accused of stabbing his brother in the leg accepted a plea offer before DC Superior Court Judge Judith Pipe on Nov. 3.

Manuel Yeager, 41, was originally charged with assault with a dangerous weapon and assault with significant bodily injury while armed for his involvement in a stabbing that took place at the 2300 block of Q Street, SE on June 3. One individual, Yeager’s brother, suffered a stab to his leg.

Yeager signed and accepted a plea offer that required him to plead guilty to the assault with a dangerous weapon charge in exchange for the prosecution not seeking an indictment.

Judge Pipe asked the prosecution about a “victim impact statement” note in the offer. The prosecution noted that it was not required, but that the victim had the right to provide one should he choose to.

The prosecution stated that, if the case had gone to trial, they would have proven beyond a reasonable doubt that the victim, Yeager’s brother, was stabbed in his shin, and that the victim’s report that Yeager was the perpetrator was accurate.

Daniel Kovler, Yeager’s defense attorney, argued for Yeager’s release. He stated that he had a very limited criminal history and that he could be safely released to his grandmother’s home, where he would be separated from his brother. He claimed Yeager admitted he was at fault to police early in their investigation.

Kovler also mentioned that there was no intent to stab his brother as he did. He said that a fight broke out between the two, and the victim only got stabbed when he tried to kick Yeager.

The prosecution argued that, intended or not, Yeager stabbed his brother in the shin, and that the victim was almost bleeding out when police found him. Judge Pipe agreed.

The prosecution also mentioned a another case of Yeager’s assaulting his brother.

Judge Pipe denied the request for release, and Yeager will be held until sentencing.

Parties are slated to reconvene on Jan. 9.

Judge Cites ‘Modest Release Conditions,’ Given the Charges

DC Superior Court Judge Michael Ryan admonished a murder defendant to comply with release conditions during a hearing on Nov. 4.

James Rice, 26, is charged with premeditated first-degree murder while armed and possession of a firearm during a crime of violence while armed, for his alleged involvement in the fatal shooting of 32-year-old Thomas Felder on May 1, 2024, at the 1300 block of Pennsylvania Avenue, SE.

A representative from the Pretrial Services Agency (PSA) asked the court for judicial admonishment, a formal warning or reprimand given by the judge, of the defendant. Rice is on release while awaiting trial but has failed to report for four- out-of-five required drug tests.

Defense attorney Joseph Yarbough argued that the defendant has intellectual and mental health issues that affect his memory. Additionally, the defendant tested negative for all prohibited substances multiple times, even during the initial lock up.

Yarbough stated that the case did not involve drugs and there were no drug use concerns in Rice’s history. The defendant has only ever tested positive for marijuana, which is legal in DC.

The judge commented that the defendant had “modest release conditions” for someone with charges such as these.

The prosecution stated that they are not seeking arrest at this time, but if the defendant cannot be compliant with all elements of his release then they would seek detention next time.

Parties are slated to reconvene on March 20.

Carjacking Defendant Requests Step Down From Home Confinement

DC Superior Court Judge Andrea Hertzfeld requested a written motion following an oral request for an individual to step down to less restrictive terms from his two-and-a-half year home confinement period on Nov. 3.

Alvin Halmon-Daniels, 20, is charged with robbery while armed, armed carjacking, and two counts of possession of a firearm during a crime of violence for his alleged involvement in a carjacking on the 200 block of 13th Street, NE, on June 16, 2023.

On June 20, 2023, Halmon-Daniels was released into home confinement, where he remains. According to court documents, Halmon-Daniels has continued to stay compliant with his release conditions.

Halmon-Daniels’ defense attorney, Rachel Cicurel, informed Judge Hertzfeld that they were currently awaiting a response from the prosecution in terms of negotiating a plea deal. Cicurel also requested that given the defendant’s compliance, his release conditions should be stepped down.

Judge Hertzfeld requested the motion in order to give the prosecution time to respond, and stated she would rule after the motion had been filed.

Parties are slated to convene on Dec. 3.

Fatal Stabbing Trial Closes With Clash Over Key Evidence

A fatal stabbing defendant’s trial wound up before DC Superior Court Judge Michael Ryan on Nov. 10.

Morris is also charged with four counts of obstruction of justice for a different incident where Morris allegedly offered to pay a grand jury witness to not testify. He is being tried for both cases at the same time.

Prosecutors called a forensics expert to testify about DNA evidence gathered at the scene.

She said her laboratory received five items but only tested and created a report on two. Overall, there were swabs of suspected blood from the exterior driver side door of the defendant’s car, a black shirt, black pants, black shorts, and a blood card from the victim.

She stated that she analyzed the swabs from the driver side door and the black shorts. From the swabs of the driver side were identified as coming from a woman. The DNA profile of the swabs likely matched the victim. As for the shorts, the sample was said to come from a man. The victim was excluded as a possible contributor.

A witness who works with electronic monitoring systems testified that his company handles GPS monitors placed on individuals on release or parole. When asked what kind of data is collected by these devices, he said timestamped latitude and longitude of where the individual wearing the device is located. He stated that the accuracy of the devices is within a 50 foot radius.

The relevant data related to the GPS information from an eyewitness who allegedly gave the weapon to the defendant. Additionally, this individual also allegedly contacted another eyewitness on behalf of the defendant, to offer her a sum of money to not appear in court.

A demonstrative shown to the jury displayed an animated map that tracked the movements of this individual on Oct. 31, 2023 on Benning Road, NE.

A litigation technology specialist at the US Attorney’s Office testified about a review data from Oct. 31, 2023 for the GPS data for Morris and the individual allegedly giving him a weapon and trying to pay off a witness.

The analyst stated that he was given spreadsheets by the prosecutors in the case and used the GPS data given to him to create an animated map that tracked the defendant and the other individual’s location on Oct. 31, 2023. The map showing the defendant and the other individual being in close proximity on Oct. 31, 2023 around Benning Road, NE.

The prosecution rested their case.

Defense attorney Steven Kiersh motioned for acquittal of the case. Specifically, on the charge of second-degree murder while armed he argued that the prosecution did not meet their burden of proving that there were no mitigating circumstances such as threats of violence.

He added that mitigating circumstances can extend beyond the “heat of passion”, and claimed that the victim’s blood alcohol content (BAC), and her being the alleged aggressor in an argument with the defendant outside his vehicle where his girlfriend and child were inside, are mitigating circumstances.

The prosecution argued that mitigating circumstances are incredibly limited and only applicable in the two situations outlined in the jury instructions. They went on to state that the standards for mitigation are inward looking, describing the state of mind of the defendant as a mitigating circumstance rather than external factors.

The judge denied the motion for acquittal on the basis of the prosecution’s meeting their burden for second-degree murder while armed. He said that in this case there is a person who had ample opportunity to act in a number of ways, and chose to act how he did, causing the death.

The prosecution closed by urging the jury to carefully rewatch the surveillance footage, arguing it would point to no other option than Morris’ being guilty. They claimed Morris turned a verbal argument into a “violent murder,” and that Morris tripped, kicked and stabbed Stuckey in a short span of time. They also claimed the incident happened in front of Stuckey’s 12-year-old son.

The prosecution showed key parts of their evidence to support their claim, including parts of the surveillance footage that showed the attack, identifying alleged photos of Morris, cell tower data placing Morris at the incident location and the wound Stuckey suffered.

The prosecution highlighted several of Morris’ movements in the security footage, arguing his body language did not depict fear or that he felt he was in danger. They also noted that, while Stuckey may have raised her voice or acted unpleasantly, “mere words, no matter how offensive, are not adequate provocation” of self defense.

The prosecution also showed evidence for the obstruction of justice charges, arguing that after Morris heard testimony that a witness gave the grand jury, he attempted to offer the witness money through another individual they both knew. They said this individual contacted the witness that night about Morris’ offer.

In other evidence, the prosecution showed GPS data of Morris and the suspected intermediary which close together on the day of the incident. They also showed Facebook Messenger posts between the witness and the other individual from that same date.

The witness did not accept the offer, but the prosecution explained that the attempt was enough for Morris to be found guilty of the charges.

During Kiersh’s closing arguments, he told the jury “Evidence is what’s presented to you, not what the prosecution says about it.” He encouraged the jury to review the entirety of the surveillance footage, claiming there were parts the prosecution was intentionally omitting.

Kiersh argued Morris was not at a gas station for “criminal intent,” stating parts of the surveillance footage showed him calmly getting and paying for gas.

He also argued part of the footage showed Stuckey slamming Morris’ car door shut, and that some of her DNA was located on the car’s handle. He claimed this could suggest she was trying to get into Morris’ car, where his infant child was located, and that Morris subsequently feared for his child’s safety.

Kiersh called the incident “total chaos,” claiming no one in the area was acting rationally. He claimed Stuckey was mildly drunk when she approached Morris and that she provoked him.

In regards to the obstruction of justice charges, Kiersh argued there was no evidence that proved the incident occurred. He claimed the only evidence the prosecution had was a report from the grand jury witness, noting that they didn’t show a message between them and the alleged go-between, only the call history.

The prosecution rebutted, claiming the part of the footage Kiersh was referring to didn’t exist. They showed a clip where Stuckey can be seen pushing past Morris’ car door without trying to close it.

The prosecution reiterated that DNA said to be Stuckey’s was on Morris’ car, not on the handle, but was a small patch of blood on the space between the front and back doors.

The prosecution concluded by claiming Morris was the physical aggressor from start to finish and said Stuckey was only ever armed with her words. They asked the jury to “trust their eyes, ears and common sense” when coming to a verdict.

Parties are slated to reconvene Nov. 12, where deliberation will begin.

Prosecution Wants ABC News Interview Said to Contain Murder 1997 Confession

As a trial for two 1997 murders approaches, attorneys argued before DC Superior Court Judge Todd Edelman using an interview from an ABC television news program as evidence during an Oct. 31 hearing.

Oscar Diaz-Romero, 47, is charged with two counts of second-degree murder for his alleged involvement in the fatal shooting of Jose Noel Coreas-Carcaro, 22, and Jose Molina, 27, on the 2400 block of 18th Street, NW, on Aug. 9, 1997.

After an arrest in El Salvador, Diaz-Romero was extradited back to the United States for the current legal proceedings.

During the Oct. 31 hearing, the prosecution explained their intention to use a 45-second video clip from a “20/20” ABC News program in El Salvador. The prosecution found this video clip after conversations with a detective who remembered working on the case years ago.

In the interview conducted by a journalist with ABC News, Diaz-Romero is asked, “Did you kill a man?” and Diaz-Romero responded, “Yes I did.” In the segment, the journalist explains the broader context of the remark, including their discussion of the murder as self-defense.

The prosecution subpoenaed ABC News to retrieve all additional video footage including Diaz-Romero. ABC News lawyers responded that they will not provide the footage because journalists are protected against disclosure of confidential sources or presenting unpublished information in court under so-called Shield Laws.

The prosecution explained that the next option was contacting the Department of Justice (DoJ) for follow-up.

The prosecution explained that they would like to move the 45-second clip into evidence as it is currently available. They would only admit the direct quotes from Diaz-Romero, excluding all additional statements made by the journalist. The prosecution argued that the additional context is journalistic interpretation of an interview and should not be perceived as testimony from Diaz-Romero.

Judge Edelman raised concerns about this evidence. Primarily, he explained that the interview was conducted in English and Diaz-Romero requires Spanish translation in court.

Judge Edelman also explained that admitting simply Diaz-Romero’s direct quotes without the journalist’s additional context may be more prejudicial than probative. The evidence may unfairly influence the jury.

Judge Edelman explained that there is a possibility that Diaz-Romero made statements that proved he was not guilty during the full interview with the journalist.

Defense attorney Julie Swaney argued that the prosecution has not requested support from the DoJ and therefore, has not done sufficient work to move this 45-second clip into evidence.

Judge Edelman told the prosecution to pursue additional means of acquiring the footage. He will officially rule on the issue of admitting the 45-second clip if the court cannot retrieve the full interview footage from ABC News.

Swaney also argued that the prosecution has not provided the defense with the materials to prepare for trial, which is in nearly two weeks. The prosecution has yet to send the defense an unredacted affidavit with the names of all of the witnesses in the police report, according to Swaney.

Judge Edelman ordered the prosecution to provide unredacted affidavits by Nov. 3.

Swaney argued that the prosecution should not be allowed to bring a tattoo removal expert to testify during the trial. She explained that the prosecution has not filed a motion to explain what the expert will testify to or the name of the witness as required. The prosecution has given the defense no time to investigate the expert, prepare for cross-examination of the expert or find their own witness to provide a second opinion, said Swaney.

The prosecution explained that they filed a general motion notifying the court that they intended to bring a tattoo expert witness, who will look at photos of Diaz-Romero’s arm to determine if he had tattoos removed.

He said he will rule on this issue once the prosecution files an expert witness motion with more information.

Parties are slated to reconvene Nov. 7.

Carjacking Case Dismissed After Defense Questions Victim’s “False Information”

A carjacking suspect’s case was dismissed without a probable cause finding before DC Superior Court Judge Robert Hildum on Nov. 4 after a defense attorney showed that the victim gave false statements.

Kavon Phillips, 27, was initially charged with unarmed carjacking for his alleged involvement in a carjacking on the 1900 block of 8th Street NW on June 29, 2025.

Phillips was alleged to have wrested control of a moped by pushing the driver off and driving away, according to court documents. He was alleged to have crashed a short time later at the intersection of 9th and P Streets, NW while being pursued by several other moped drivers, before fleeing the scene on foot, according to court documents.

At the start of the hearing, Phillips and his defense attorney, Patrick Nowak, declined a plea agreement. Among other terms, the plea would have downgraded the charge from carjacking – which requires a person to steal a motor vehicle by force or violence – to theft.

After Phillips rejected the plea, the prosecution worked to prove to Judge Hildum that there was enough evidence to move ahead with the case. To substantiate the probable cause argument, the prosecution brought the Metropolitan Police Department (MPD) detective assigned to the case to testify.

The officer testified that he did not conduct interviews on scene but that the victim had told a responding officer that the suspect, who prosecutors allege is Phillips, pushed him off his scooter while he was sitting on it and drove away.

The prosecution played security footage allegedly showing the suspect’s crashing the moped at the intersection of 9th and P Streets, NW as several other people on mopeds followed close behind him. The prosecution then played a video of the suspect running down a nearby alley.

The detective, who participated in Phillips’ arrest and later interviewed him, said that Philips denied committing the carjacking but had admitted to fearing the other moped riders following him. The detective also said Phillips admitted to being under the influence on the day of the carjacking.

Phillips’ attorney, Patrick Nowak, focused on the sources of evidence that the prosecution and detective had brought to the case. Nowak confirmed that the detective had no evidence, besides the victim’s testimony, proving that Phillips pushed the victim off the scooter. Nowak then produced his own security footage which showed the scene of the alleged carjacking.

In the footage, the victim can be seen leaving his running moped unattended and entering a building. Shortly after entering the building, the suspect can be seen hopping on the moped and driving away.

“The complainant was in the building, right,” Nowak said. “The complainant wasn’t pushed from the moped,” Nowak asked.

After watching the video, the prosecution maintained that the new evidence supported his claims that the defendant had committed the carjackings.

“It frankly supports probable cause,” the prosecutor said.

Nowak pushed back against the prosecution’s assertion that the video strengthened their case. Nowak argued that carjacking charges required that the defendant physically wrest control of the vehicle from the victim, and that the footage clearly showed that there was no struggle for the moped.

“It’s not consistent with the law, and they’ve brought forth charges that are inappropriate,” Nowak said. “The basis of this case is objectively false information that was provided to the government.”

Judge Hildum sided with Nowak.

“I find it very difficult, under these circumstances, to find probable cause for carjacking,” Judge Hildum said before dismissing the case.

No further dates were set.

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