Psychologist Declares Shooting Defendant Competent Despite Learning Disability

During a mental observation hearing before DC Superior Court Judge Judith Pipe on March 7, a forensic psychologist testified that a shooting defendant is mentally competent, despite the defense presenting evidence of the defendant’s learning disability.

Kevin Harrison, 23, is charged with carrying a pistol without a license outside a home or business, possession of an unregistered firearm, unlawful discharge of a firearm, unlawful possession of ammunition, and possession of a large capacity ammunition feeding device, for his alleged involvement in a nonfatal shooting on June 26, 2023, on the 2100 block of Georgia Avenue, NW.

During the hearing, the prosecution questioned the forensic psychologist who conducted the competency report to testify.

After having spoken with Harrison’s defense attorney, Patrick Nowak, the psychologist testified she looked at screening measures and Harrison’s DC Education records, which helped her conclude that the defendant is competent and may be purposefully suppressing his legal knowledge of the case.

Throughout her interactions with Harrison, she claimed there were times the defendant seemed to know what his case consisted of, but then there would be other times he would respond to questions with “I don’t know” or be muffled.

She noted she understood that Harrison has a learning disability, but it’s minimal evidence of his incompetence as well as minimal relevance on whether or not he can proceed with his case.

According to the psychologist, Harrison’s learning disability doesn’t impede his verbal comprehension, meaning with a little help he would be able to communicate with his attorney and understand the details of his case.

Due to time constraints, the psychologist was unable to conclude her testimony.

Parties are slated to reconvene on March 19.

Shooting Defendant Sentenced to 72 Months of Incarceration

A non-fatal shooting defendant was sentenced to 72 months as a repeat offender before DC Superior Court Judge Jason Park on March 7.

On Nov. 22, 2024, Demonte Gibson, 27, was found guilty by jurors for two counts of possession of a firearm with a prior conviction, possession of a large capacity ammunition feeding device, and obstruction of justice, for his involvement in an armed robbery turned shooting on Dec. 7, 2021, on the 1400 block of Fairmont St NW, where one individual sustained non-life threatening injuries.

Gibson was acquitted of assault with a dangerous weapon, assault with intent to commit robbery while armed, and two counts of possession of a firearm during a crime of violence.

The prosecution opposed sentencing under the Youth Rehabilitation Act (YRA), which would seal his conviction if he successfully completes all sentencing requirements, citing a history of non-compliance in a previous YRA case. Prosecutors argued that Gibson’s repeated firearm possessions reflected a pattern of reckless criminal behavior followed by acts of non-compliance.

Defense attorney Kevann Gardner countered that Gibson had only one prior conviction from nine years ago when he was still a minor. He argued that Gibson’s firearm possession stemmed from his trauma, as he had survived three separate shootings and was fearful for his life.

Gardner emphasized Gibson’s efforts at rehabilitation, noting that he had been incarcerated for two years and was now pursuing careers in barbering and firefighting, and requested the least amount of time possible.

Judge Park ruled that the YRA would not apply, stating that the incidents for which Gibson was found guilty were nearly a year apart and warranted consecutive sentencing. The defense’s claim that the same firearm may have been involved in both cases was dismissed due to the number of weapons recovered.

Gibson was sentenced to 36 months of incarceration for each firearm possession charge, served consecutively, with concurrent 12-month sentences for possession of large-capacity magazines, for a total of 72 months of incarceration. He must also register as a gun offender and pay $300 to the Victims of Violent Crime fund.

No further dates were set.

Stabbing Defendant Competent to Stand Trial

A stabbing defendant faced a mental observation hearing on March 10 before DC Superior Court Judge Andrea Hertzfeld, and was ruled mentally competent to stand trial.

Kelly Williams, 52, is charged with assault with a dangerous weapon for her alleged involvement in a stabbing that occurred at the intersection of Independence Avenue and L’Enfant Plaza, SW on Jan. 12. One victim was harmed during the incident.

A plea offer was extended by the prosecution in January, in which Williams would plead guilty to one count of aggravated assault while armed. Darryl Daniels, Williams’ attorney, stated they needed additional time to review the deal.

Parties are slated to reconvene on March 27 for a preliminary hearing.

Witness Says Defendant’s, Giving Her, ‘A Hostile Look,’ in Shooting Trial

A testifying witness told a shooting defendant not to “stare at [her],” to “get out of [her] face.” That prompted DC Superior Court Judge Deborah Israel to remind the witness to remain professional in the courtroom on March 6, but the witness responded she knows when someone is looking at her “with a hostile look.”

Diamond Early, 32, is charged with assault with significant bodily injury while armed, assault with a dangerous weapon, simple assault, two counts of possession of a firearm during a crime of violence, carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition for her alleged involvement in a non-fatal shooting that left one victim injured in the leg on July 31, 2023 on the 4000 block of Kansas Avenue, NW.

As an eyewitness to the shooting, the victim’s sister testified she and her sister confronted Early after hearing that she may have “put her hands on three of the kids” while she and the victim were at a grocery store nearby.

After confronting Early about hitting the children, the victim’s sister testified that Early laughed the situation off “like it was all a joke.” After that, she claimed that Early pulled out a gun and shot her sister in the leg.

After the witness got off the stand, the prosecution displayed security footage for the jury that depicted several children running, some screams, and inaudible conversations.

Parties are slated to reconvene March 10.

Armed Carjacking Defendant Wants Case Dismissed for Failure to Indict

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

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

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

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

The next hearing is scheduled for March 14.

Defendant Pleads Not Guilty in Fatal Carjacking at a Hospital

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

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

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

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

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

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

The next hearing is set for April 11.

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

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

Blanco, 35, is charged with assault with a dangerous weapon for her alleged involvement in a stabbing on Feb. 17 on the 3600 block of 14th Street, NW. One person sustained injuries to the face as a result of the incident.

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

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

The next hearing was set for March 11.

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

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

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

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

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

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

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

Parties are slated to reconvene on March 17.

Murder Defendant’s Step-Down Release Denied

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

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

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

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

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

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

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

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

Parties are slated to reconvene on June 6.

Judge Denies Acquittal as Shooting Trial Ends

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

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

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

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

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

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

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

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

Parties are slated to reconvene on March 10.

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

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

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

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

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

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

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

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

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

Stabbing Defendant Sentenced to 30 Months Jail Time

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

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

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

A no contact order was granted for the victims.

Judge Grants Some Release Modifications for Nonfatal Shooting Co-Defendants

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

Donte Bennett, 26, and DeMarco Hayes, 22, are charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence for their alleged involvement in a non-fatal shooting where one victim sustained critical injuries at the intersection of Marion Barry Avenue and 18th Street, SE on July 24, 2024.

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

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

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

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

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

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

All parties are slated to reconvene on June 6.

Shooting Defendant Reneges on Motion to Withdraw Guilty Plea

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

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

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

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

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

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

Despite Violations, Murder Defendant Remains on Release

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

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

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

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

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

Parties are slated to reconvene on May 9.

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