Trial Date on Hold For Criminal Responsibility Exam

DC Superior Court Judge Andrea L. Hertzfeld set aside a trial readiness hearing and trial date for a non-fatal shooting to administer a criminal responsibility examination on Feb. 12.

Bryant Russel, 47, is charged with aggravated assault knowingly while armed, possession of an unregistered firearm, possession of a firearm during a crime of violence, and unlawful possession of a firearm due to prior conviction for his alleged involvement in a non-fatal shooting on the 100 block of U Street, NE on May 20, 2021.

According to court documents, the victim suffered a gunshot wound to the right arm.

Russel passed a mental competency on Dec. 2. If he passes the criminal responsibility exam, a new trial date will be set.

The canceled hearing comes after Russel rejected a plea deal extended by prosecution on Dec. 2. The terms were if Russel pleaded guilty to aggravated assault while armed, the prosecution wouldn’t bring any further charges against him, and his sentence would be capped within the bottom third of the sentencing guidelines.

Russel waived his right to independent DNA testing after hearing the biological evidence in this case including a mouth swab and swabs from a firearm and magazine. The prosecution has already done DNA testing in this case.

Parties are slated to reconvene on April 22.

‘Traumatic and Indiscriminate Act of Violence,’ Says Prosecution of Non-Fatal Shooting Suspects

The jury trial for two non-fatal shooting codefendants ended with closing arguments before DC Superior Court Judge Rainey Brandt on Feb. 10.

Chantel Stewart, 33, and Daniel Cary, 30, are charged with two counts of assault with intent to kill while armed, five counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, and threat to kidnap or injure a person for their alleged involvement in a non-fatal shooting that occurred on July 22, 2020 on the 4000 block of 1st Street, SE.

In their closing argument, the prosecution summarized the evidence presented in the case and told the jury that the crime was a “traumatic and indiscriminate act of violence,” during which Cary allegedly shot the victim while in her car and drove to the hospital trying to remain conscious.

The prosecution claimed that although Cary was the one who shot five rounds, Stewart is guilty of aiding and abetting the crime due to driving him to and from the scene.

According to the prosecution, there was a fight between Stewart and the victim earlier that day, prompted by a threat made by Stewart in which she stated that her boyfriend would kill the victim’s boyfriend. The prosecution claimed that the “beef” between the two escalated throughout the day.

Stewart’s attorney, Jesse Winograd, stated that the defendant yelled “move, he’s about to shoot you,” seconds before the gun went off, and argued that this statement was a warning to the victim rather than a threat. Winograd also argued there is no evidence that Stewart knew the shooting would take place until the last second.

According to Winograd, an eyewitness present in the passenger seat of the victim’s car testified that “without that warning, I’d be dead.”

Winograd told the the warning is sufficient evidence to prove that Stewart did not intend injury or death for the victim, and she should be found not guilty on all counts.

Alvin Thomas, Cary’s defense attorney, told the jury that the “devil is in the details,” and this case is one of misidentification. Thomas stated that at the first identification procedure conducted, the victim identified a picture of someone who was not Cary, but the police did not confirm the procedure because the victim did not directly state that he was the shooter.

At the second identification procedure conducted five months after the shooting, the victim identified Cary as the shooter with no hesitation, stating “I see that face every day,” according to Thomas.

Thomas argued that the identification evidence does not add up, and the jury should “not convict Mr. Cary because [they] feel bad someone got shot.”

In their rebuttal, the prosecution argued that Winograd is framing Stewart as a “guardian angel,” but there is direct evidence that points to Stewart’s role in causing the incident.

The prosecution told the jury that there was nothing tainted about the identification procedures conducted, and that the victim directly identified Cary as “the man who put her through hell.”

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

Judge Denies Shooting Defendant’s Request to Modify Release

DC Superior Court Judge Michael Ryan denied a shooting defendant’s request to step down his release conditions on Feb 11.

Vann Allen, 35, is charged with assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, aggravated assault knowingly while armed, and assault with a dangerous weapon for his alleged involvement in a non-fatal shooting on Nov. 11, 2023.

According to police reports, one victim was wounded on the 1400 block of New York Avenue, NE.

In court, Michelle Lockard and Sellano Simmons, Allen’s attorneys, filed a motion to modify Allen’s release conditions in order to give him more freedom to spend time with his children outside of home confinement.

Lockard stated the “restriction of his ability to move around is prohibiting him from living his life.” According to a representative from the Pretrial Services Agency (PSA), Allen is in complete compliance with his conditions and has had no infractions.

The prosecution argued that Allen still poses a danger to the community and that there’s already been plenty of exceptions in the allowance of pretrial release in this case for such a serious crime. Lockard argued these exceptions only stem from weaknesses in the prosecution’s case, justifying her stance on relaxed release conditions.

Judge Ryan stated he will review the matter but is denying the request for now.

Parties are slated to reconvene on June 3.

Stabbing Defendant Wants to Rescind Waiver of Preliminary Hearing

A defendant signed away his right to a preliminary hearing and then tried to rescind it after being denied release in front of DC Superior Court Judge Heide Herrmann on Feb. 11.

Ankintola Olowofoyeku, 44, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on a Metro bus on the 5400 block of Georgia Avenue, NW last July 21. The victim suffered cuts to the right hamstring, left forearm, and left middle finger.

At the beginning of the hearing, Olowofoyeku waived his right to a preliminary hearing and Judge Herrmann made sure the action was given freely and voluntarily.

Olowofoyeku’s defense attorney, Santia McLaurin, requested that Olowofoyeku be released on GPS monitoring. She emphasized that Olowofoyeku has a stable job and would lose his home if he was not released.

The prosecutor opposed the request, acknowledging that the defendant has a history of violent convictions, and alerted Judge Herrmann that the nature of the offense called for an extended detention period.

Judge Herrmann denied the defense’s request and expressed her concern, stating “I find by clear and convincing evidence there are no conditions I could set to ensure the safety of the community.”

Then Olowofoyeku told McLaurin that he had changed his mind and wanted to rescind his waiver of a preliminary hearing. Judge Herrmann noted his consent was given knowingly and advised the defense to file a motion for reconsideration.

Parties are slated to reconvene on March 13.

Judge’s Absence Delays Shooting Trial

A shooting trial slated to begin on Feb. 10 was delayed because DC Superior Court Judge Errol Arthur was absent from the courtroom on a personal matter and could only attend the hearing virtually.

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

Jones’ attorney, Agdie O’Bryant, filed a motion to suppress all evidence recovered from Jones because he was illegally stopped, searched, and arrested. O’Bryant claimed that there was no reasonable basis to suspect any criminal activity nor did the officers have any probable cause he committed a crime the day of his arrest.

Both parties were prepared for trial, however it was delayed until later this week to accommodate Judge Arthur’s schedule.

The prosecution advised that a witness would be present virtually for their testimony, O’Bryant and Judge Arthur made no objections.

The trial is scheduled to begin on Feb. 13.

Victim and Witness React Differently to Shooting Suspect Photos

DC Superior Court Judge Rainey Brandt heard prosecution testimony about differences in witness’ testimony regarding the identification of a shooter in an ongoing trial on Feb. 6

Chantel Stewart, 33, and Daniel Cary, 30, are charged with two counts of assault with intent to kill while armed, five counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, and threat to kidnap or injure a person for their alleged involvement in a non-fatal shooting on the 4000 block of 1st Street, SE on July 22, 2020. The victim suffered a collapsed lung.

The victim previously testified she and Stewart “had an okay relationship.” The victim’s sister’s ex-boyfriend had previously dated Stewart.

The lead detective created two different photo- arrays that were shown to the victim and another witness to identify Cary. He explained that general practice is to have a detective unfamiliar with the case conduct the identification portion of the interview to avoid any bias.

During cross-examination, the detective testified the victim identified a person other than Cary in the photo-array. The detective added that she pointed him out in the array a couple of times, and said “It looks like him, but he had dreads.”

This was later corroborated by another detective who testified that after the incident, in the hospital, the victim pointed out a specific suspect, who was not Cary.

However, an eyewitness identified Cary as the shooter.

During cross-examination, the defense attorney for Cary, Alvin Thomas, said the cameras during the interview malfunctioned and didn’t capture the original statement. Another investigator testified that it was not unusual for a camera to fail, and he followed protocol, which is to bring in the lead detective, and redo the procedure.

To underscore the longstanding relationship between Stewart and Cary, the prosecution played phone clips of calls from the DC Jail between the two, expressing their abiding love for one another.

Parties are set to reconvene Feb. 10.

‘Is This a Game to You?’ Defense Asks Detective in Murder Case

A defense attorney questioned the lead detective in a homicide investigation about messages he exchanged with the prosecution suggesting the trial’s outcome was a foregone conclusion. The case, now in jury deliberations, is being heard before DC Superior Court Judge Michael Ryan.

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, at the intersection of Naylor Road and Southern Avenue, SE, on March 17, 2023.

On Feb. 10, Stoney’s defense attorney, Nikki Lotze, suggesting an implicit bias in the case, asked the detective, “Is this a game to you?” referring to a text message he sent to the prosecution saying, “Checkmate on Mr. Stoney, game over” and an email saying, “CHECK AND MATE.”

For his part, the lead detective testified that he filed several subpoenas for surveillance footage from the company where Stoney was employed to see if he was working the day of the crime but the effort has been frustrating.

In other evidence, a 911 caller reporting the shooting at first said a man was dead in his car and then later that he was still moving. The individual stayed on the phone until police arrived.

Surveillance footage was shown following a silver Infiniti, identified as the suspect vehicle, and at one point the driver’s side window is visibly open and an arm extended outside.

Prosecutors also called a special agent from the FBI who tracked the defendant’s cell phone chronologically based on information for communication towers. He testified Stoney’s phone was in the general area of the crime, but was unable to pinpoint exactly where.

Parties are slated to reconvene Feb. 11.

Carjacking Suspect in Tears After Judge Denies Release

DC Superior Court Renee Raymond accepted a defendant’s waiver of his right to a preliminary hearing, and denied his release during a Feb. 7 hearing.

Miquel Beasley, 22, is charged with armed carjacking for his alleged involvement in a carjacking that occurred on March 22, 2024 on the 3900 block of 1st Street, SE.

Beasley’s attorney, Lauchland Nicholas, advised Judge Raymond that in addition to waiving the hearing Beasley requested release under 24-hour home confinement.

The prosecution was opposed, highlighting Beasley’s criminal history and the compelling evidence against him including surveillance footage, cell site data allegedly placing him near the incident, and the positive identification of the suspect ostensibly by someone who knows him.

Judge Raymond said Beasley’s criminal history is “very concerning,” ultimately deciding to deny his release. Following the ruling, Beasley grew emotional and began to cry, pleading with his attorney, stating that he needed to return home to care for his one-month-old baby fathered with his girlfriend.

Parties are slated to reconvene on Feb. 28.

Defendant in 2020 Teen Homicide Fails to Appear in Court

DC Superior Court Judge Rainey Brandt held a motion hearing despite the fact the homicide defendant wasn’t present for the Feb. 7 proceeding.

Reginald Steele, 25, is charged with conspiracy, first-degree murder while armed, assault with the intent to kill while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020, on the 600 block of S Street, NW. Another juvenile sustained injuries after suffering a gunshot wound to the leg. Steele is facing a total of 37 counts related to the crime.

Steele also faces charges in connection to additional shootings that occurred on Feb. 22, 2020, on the 700 block of Farragut Street, NW, Feb. 24, 2020 on the 1700 block of 9th Street, NW, and a second shooting on March 1, 2020, on the unit block Channing Street, NE.

According to a US Marshal, Steele refused to get out of the bus from the DC Jail to the courthouse. However, the hearing continued without him present as Steele’s attorney, Megan Allburn, said that they intend to enter a plea agreement at the next hearing.

Parties are slated to reconvene Feb. 13.

Defendant Pleads Guilty to Stabbing Over Ride share Bike

A stabbing defendant pleaded guilty to a stabbing over a ride share bicycle before DC Superior Court Judge Errol Arthur on Feb 11.

Brian Long, 43, pleaded guilty to one count of assault with a dangerous weapon, a knife, for stabbing a male victim on Nov. 23, 2023, on the 4000 block of Minnesota Avenue, NE. The victim sustained injuries.

Based on court documents, Long approached the victim after he observed him touching the ride share bicycle with his bag on the handlebars. The defendant and victim engaged in a verbal altercation, which then escalated after a female accomplice allegedly handed him a knife which he used to stab the victim in the back after chasing him down.

With Long pleading guilty, the prosecution agreed to not seek indictment on remaining or other greater charges having to do with his other cases.

Both parties have agreed on a sentence of 30 months in prison, followed by a period of supervised release.

The sentence is conditional depending on whether Judge Arthur accepts the plea.

Sentencing is scheduled for April 11.

Bench Warrant Issued For No-Show Shooting Defendant

DC Superior Court Judge Carmen McLean issued a bench warrant for a non-fatal shooting defendant on Feb. 7 for allegedly failing to comply with his probation conditions

Taheim Parker, 22, pleaded guilty on Oct. 14, 2021 to unlawful discharge of a firearm and carrying a pistol without a license outside his home or business for his involvement in a non-fatal shooting that occurred on the 100 block of U Street, NE on May 20, 2021. No injuries were reported in connection to the incident.

Judge McLean stated that she was concerned that Parker was not present in court.

Defense attorney Sara Kopecki told the court that she has not heard from Parker recently, noting that she usually contacts him before hearings but apparently forgot to do so this time.

According to a representative from the Court Services and Offender Supervision Agency (CSOSA), Parker has not been reporting to his probation officer. Furthermore, they have no evidence that Parker has completed the domestic violence program required for probation.

As a result, the prosecution requested that Judge McLean issue a bench warrant. They also mentioned that a judge, previously presiding over this case, had amended the judgment and commitment form which extended the length of probation to give Parker more time to complete the program.

Judge McLean announced that she would issue a no-bond bench warrant.

Parties will reconvene when Parker is located.

Judge Notes ‘Communications Breakdown’ with Murder Defendant’s Lawyers

DC Superior Court Judge Todd Edelman presided over an ascertainment of counsel hearing for 20-year– old homicide defendant Dallas McKinney, who had reportedly been refusing visits from his lawyer in jail. l and communications from his defense counsel

McKinney is charged with first degree murder for his alleged involvement in the death of ten-year old Arianna Davis on the 3700 block of Hayes Street, NE, on May 14, 2023.

According to court documents, Davis was in a vehicle with her family as they drove past a shootout when a stray bullet struck her. She was taken to a hospital where she died on May 17.

At McKinney’s hearing, defense attorneys Rebecca Desta, Joseph Fay, and Edward Gain requested a second investigation into their client’s case and that matter is pending.

Judge Edelman acknowledged a “communications breakdown” between McKinney and his defense team. According to the records, McKinney refused visits in jail and communications from his legal counsel making it more difficult for his case to proceed.

His next court appearance, an ascertainment of council, will be on Feb 21 at 11am.

Judge Agrees to Hold Extradited Defendant in ‘One of a Kind’ Case

DC Superior Court Judge Todd Edelman granted the prosecution’s request to detain a defendant after being extradited to the U.S. for his alleged involvement in two shooting murders in 1997, during a hearing on Feb. 7.

Oscar Diaz-Romero, 46, is charged with second-degree murder for his alleged involvement in the fatal shooting of Jose Noel Coreas-Carcaro, 22, and Jose Molina, 27. The incident occurred on the 2400 block of 18th Street, NW, on Aug. 9, 1997. The prosecution claimed that Diaz-Romero fled to El Salvador shortly after the fatal shooting and that an undisclosed witness saw Diaz-Romero at a party there on Nov 8, 1997.

After an arrest in El Salvador, Diaz-Romero was extradited back to the United States for the current legal proceedings. The prosecution emphasized that Diaz-Romero is in the U.S. solely for the current detention hearing and potential future proceedings.

Julie Swaney, Diaz-Romero’s attorney, argued that he has matured since the incident – Romero was 19 at the time of the shooting. Swaney added that he understands the seriousness of the charges, along with his lack of criminal record since the incident, means he would not be a danger to the community if released.

Judge Edelman stressed concern about the defendant’s weak ties to the DC area compared to his strong connections in El Salvador. Judge Edelman concluded that Diaz-Romero’s “incentive to flee is large… and no conditions can change that.”

Judge Edelman finally stated that “This is a one-of-a-kind case,” granting the prosecution’s request for detention in the matter stretching into its third decade.

A status hearing is scheduled for April 4.

Judge Amends Release Terms For Compliant Defendant

DC Superior Court Judge Rainey Brandt modified the release conditions for a defendant in a shooting case on Feb. 7.

William Davenport, 30, and his mother Violet Davenport, 53, are charged with first-degree murder while armed and possessing a firearm during a crime of violence for their alleged involvement in the May 14, 2021, homicide of 27-year-old Leonard Turner. The incident occurred near a shelter on the 400 block of Second Street, NW.

William has been on release since Aug. 12, 2022, while Violet has been released since Feb. 20, 2024. A representative from the Pretrial Services Agency (PSA) stated both have been compliant with all conditions so far. William is under electronic monitoring and drug testing while Violet is required to report weekly.

Violet’s attorneys, Carrie Weletz and Camille Wagner, requested that her conditions be modified from weekly check-ins to monthly check-ins as she suffers from many health issues, citing her diligence and consistency as reasons to ease up on conditions.

Judge Brandt agreed, ruling that Violet checks in once a month by phone.

Parties are slated to reconvene on April 24, 2025.

Judge Denies Stabbing Defendant’s Release Given His ‘History of Severe Violence’

A domestic violence defendant’s release was denied by DC Superior Court Judge Jason Park on Feb. 10 following the prosecution’s report of his violent criminal record.

Anthony Mason, 56, is charged with assault with intent to kill while armed and assault with a dangerous weapon for his alleged involvement in a domestic violence stabbing on Jan. 26 on the 1100 block of Columbia Road, NW. One individual sustained injuries during the incident.

Mason’s attorney Darryl Daniels alerted Judge Park of his intent to waive his right to a preliminary hearing, and orally motioned for Mason to be released from custody, which caused the prosecution to object.

They cited the “exceptionally serious” conditions of this incident, including beating the victim to the point of her eye remaining shut for a day and needing transfer to a second hospital with better trauma care. They also noted Mason’s “history of severe violence” that included several domestic assault charges.

Daniels argued that Mason’s children and grandchildren rely on him financially and that Mason had successfully completed his previous supervision probation. The prosecution disagreed, highlighting that he was actively on supervision for three other cases at the time of the incident.

Judge Park denied the motion, highlighting the weight of the evidence against Mason, and his criminal history.

Parties will reconvene on March 19.

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