Defendant Acquitted of Murder, Convicted of Firearm Charge

A jury reached a partial acquittal verdict in a fatal-shooting case before DC Superior Court Judge Todd Edelman on March 7.

Daquan Gray, 23, was originally charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license for his alleged involvement in the murder of 15-year-old Jaylyn Wheeler on May 16, 2018 on the 600 block of Alabama Avenue, SE.

The defense painted Wheeler as the aggressor and claimed Gray acted in self-defense.

Gray was acquitted of first-degree murder and possession of a firearm during a crime of violence charges. However, he was found guilty of carrying a pistol without a license

Parties are slated to reconvene on May 7.

Parties Dispute Eyewitness, DNA Evidence in Murder Closing

The prosecution and the defense had different interpretations of evidence presented in an ongoing homicide trial before DC Superior Court Judge Michael Ryan on March 5.

Jerome Israel, 21, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, unlawful discharge of a firearm, two charges of unauthorized use of a vehicle, three counts of carrying a pistol without a license, and two counts of destruction of property for his alleged involvement in the murder of ChaQuan Barbett, 24, on Aug. 23, 2022 on the 2300 block of Minnesota Ave, SE.

A DNA expert testified his analysis of a genetic sample taken from Barbett’s pants the night of the incident confirmed that one of the foreign DNA profiles found was more likely to be from Israel than not.

When asked by defense attorney Lisbeth Sapirstein about the likelihood ratio of Israel’s DNA being on Barbett’s pants, the witness stated he wouldn’t trust that the likelihood ratio as it is so close to one–in other words, meaning it could go either way.

However, the witness also stated that Israel could not be excluded as a contributor to DNA profiles in the sample. The witness agreed the six percent contributor profile attributed to Israel on an airbag was “very low” but emphasized the likelihood ruled in favor of inclusion.

Another analyst confirmed that different laboratory protocols can lead to different DNA interpretations.

In closing, prosecutors argued Israel chased down and murdered Barbett and then returned to the scene in the early hours of Aug. 25, 2022, firing the same gun 14 times before fleeing in a stolen suspect vehicle, which crashed shortly thereafter.

According to the prosecution, surveillance footage showed Israel waiting in an alley before pursuing Barbett, firing multiple shots, and leaving him to die. Eyewitnesses witnessed the attack after hearing gunshots, with one witness describing seeing the shooter kick Barbett after he was shot.

Traffic camera footage captured the stolen vehicle’s license plate moments after the shooting, and the same vehicle was allegedly involved in another shooting at the same location, just over 32 hours after Barbett’s death.

Shortly after, responding officers saw an individual running from a Dodge Charger, which then fled the area. Officers pursued the vehicle, which eventually crashed at the intersection of Alabama Avenue and Branch Avenue, according to the prosecution.

When officers arrived, they found a firearm next to the driver’s side door and an open juice bottle. DNA testing likely linked Israel to both items, and the firearm was likely matched to shell casings from both shootings. Additional DNA evidence on the driver’s side airbag suggested Israel had been inside the vehicle before the crash.

The prosecution argued the crime was premeditated, stating intent could form “as quick as the thought itself.”

In the defense closing, Sapirstein acknowledged Barbett’s murder, but contended that the evidence did not conclusively link Israel to the crime.

Sapirstein challenged the credibility of the only person to identify Israel in that he faced criminal charges, and could get a financial reward for his testimony. Sapirstein contended his in-court identification carried little weight since there was no other likely option.

The defense raised doubts about the forensic evidence, arguing that although DNA on a juice bottle likely placed Israel inside the stolen vehicle, it did not prove he was the one driving or present during the shootings. Further, the DNA on the gun suggested others possible suspects.

As for the suspect vehicle, it had tinted windows making impossible to see who was inside during the incidents or who was the driver.

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

Parties Deliver Closing Statements in 2020 Fatal Shooting Trial

DC Superior Court Judge Danya Dayson oversaw the closing statements from parties in a fatal shooting trial on March 6.

Guy Johnson, 57, is charged with first-degree murder premeditated while armed, assault with intent to kill while armed, two counts of 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 murder of 28-year-old Kriston Robinson on March 25, 2020, on the 1600 block of 19th Street, SE.

Prosecutors summarized the evidence presented to the jury throughout the trial, highlighting how crucial it was in identifying Johnson as the responsible party in the murder of Robinson.

With recovered bullet fragments, personal and expert witness testimonies, and camera footage from the night of the incident, prosecutors claimed they provided extensive evidence to prove Johnson’s guilt. “Johnson intended to kill Kriston… find him guilty on all charges,” urged the prosecution.

Johnson’s defense attorney, Kevin Mosley, claimed that the prosecution concocted a story and failed to present credible substantive evidence which proved Johnson responsible for the murder of Robinson.

“Not one person identified Johnson as the shooter,” said Mosley, referring to the witness testimonies the prosecution presented during the extent of the trial.

Additionally, he reiterated that the witnesses were not at the actual scene of the incident when the shooting occurred, questioning the validity of their testimonies.

Mosley urged the jury to not speculate or draw their own conclusions based on the prosecution’s argument, and to ultimately find Johnson not guilty on all charges.

During the rebuttal, the prosecution disagreed with Mosley’s stance, mentioning that Johnson had the motive and means to perform the shooting. The motive was a recording of Johnson stating “that guys on my line,” which a witness defined as “trouble is coming.”

The means was then proved to be the shell casings found at the location of the incident, which prosecutors demonstrated as evidence for their stance.

Judge Dayson ordered the jury to deliberate and parties are slated to reconvene when a verdict is reached.

‘He Had a Choice, React or Die,’ Says Defense Attorney in Closing Statements

Parties delivered closing arguments in a homicide case before DC Superior Court Judge Todd Edelman on March 6.

Daquan Gray, 23, 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 for his alleged involvement in the murder of 15-year-old Jaylyn Wheeler, on the 600 block of Alabama Avenue, SE, on May 16, 2018.

“Jaylyn Wheeler tried to catch a bus and never ever made it home,” said the prosecution.

The prosecutors referred to an eyewitness transcript that stated Wheeler allegedly called out Gray during an alleyway fight, “If you got your dog [gun], use it b****.” The prosecution argued Gray’s actions were not self defense, it was of someone who got “mad and embarrassed.”

According to the prosecution, no one saw Wheeler with a gun that day, and the only evidence the defense had was of text messages and pictures. The text messages included Wheeler telling his friend, “I carry guns to school… I left the bullets in my bag and the clip.”

The prosecution asserted this was only to “brag” and the evidence was introduced to make the jury think he was a bad kid.

Dana Page, Gray’s attorney, said “When Jaylyn Wheeler got mad, aggressive, and reached for his waistband, Daquan Gray reacted. He reacted the way law allows. He had a choice, react or die.”

She said the text messages “corroborate the fact that Jaylyn had a gun during the incident.” Page also argued another individual took evidence from the crime scene, including Wheeler’s backpack and possibly his gun.

Page presented two pictures showing Wheeler posing with a gun, stating, “That is the Jaylyn Wheeler Daquan saw in the alley that day.”

In reference to Wheeler’s statement to Gray in the alley, she explained Gray was not angry, he thought it was “unfair.” Page asserted Wheeler was the one that got aggressive.

Page urged the jury to consider the reasonableness of self defense through Gray’s view At the time of the shooting he was a 16-year-old who was terrified and had been surrounded by gun violence.

She claimed the prosecution spent a majority of the trial identifying Gray through witnesses, “All they cared about was who, not why.” Page continued to assert the prosecution “not only ignored evidence of self defense, they suppressed it.”

Page concluded by telling the jury, “Daquan Gray has been waiting for you for seven years. That’s almost a third of his life.”

During their rebuttal, the prosecution said Gray did not know about Wheeler’s texts and pictures with the gun. He also countered it would be “risky” for Wheeler’s friends to come back to the crime scene after allegedly hiding his gun.

“Jaylyn may have been 15, he was not stupid,” said the prosecution. He asserted one mistake Wheeler made was thinking the defendant was bluffing. “Jaylyn was wrong. It cost him his life.”

“Just as it is important to consider Gray’s future, consider what happened to Jaylyn. Never forget that,” the prosecutor said.

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

Non-Fatal Shooting Defendant Pleads Guilty to Reduced Charges

Anthony Gary accepted a plea offer from the prosecution and pleaded guilty to assault with a dangerous weapon and unlawful possession of a firearm by a convict during a hearing before DC Superior Court Judge Errol Arthur on March 7.

Gary, 35, was originally charged with aggravated assault knowingly while armed and possession of a firearm during a crime of violence. The charges stemmed from a non-fatal shooting on the 3700 block of Jay Street, NE, on March 22, 2024, that left one person injured.

In return for Gary’s guilty pleas, the prosecution agreed not to indict any other charges arising from the facts of the case and to cap their request for a sentence at the midpoint of the sentencing guidelines.

Gary’s attorney, Raymond Jones, told the court that assault with a dangerous weapon carries a maximum charge of 10 years in prison and/or a $25,000 fine. Unlawful possession of a firearm by a convict carries a maximum charge of 15 years in prison and/or a fine of $37,500.

Judge Arthur said the charges also require him to impose a period of supervised release following the prison sentence and a payment of between $100-and-$5,000 to the Victims of Violent Crimes Fund. Gary will have to register as a gun offender and pay court costs.

According to the prosecution, the victim was visiting the mother of his daughter when he was shot by Gary, who is the mother’s cousin. The victim identified Gary from a photo array conducted by police.

Through his attorney, Gary waived his rights to an indictment and to independently test DNA evidence in the case.

The sentencing is scheduled for May 30.

Judge Finds Probable Cause in ‘Very Well Thought Out’ Double Homicide

DC Superior Court Judge Michael Ryan found probable cause that a defendant was the getaway driver in a double homicide incident during a hearing on March 6.

Andre Greene, 25, was originally charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 29-year-old Lamont Street and 50-year-old Jermaine Proctor, which occurred on July 18, 2024 at the Alabama Convenience Store on the 2200 block of Alabama Avenue SE. A two-year-old also sustained injuries during the incident.

Judge Ryan found probable cause for second-degree murder while armed following a detective’s testimony during hearings on Feb. 21 and Feb. 28.

During the hearing, prosecutors asked Judge Ryan to find probable cause for first-degree murder while armed as an aider and abetter, which means the individual helped another commit a crime. Prosecutors claimed that Greene, who they argue was the getaway driver in the incident, was “the means by which [the suspects] were originally able to evade law enforcement.”

According to the prosecution, on the day of the incident, Greene, who was employed by Hertz in Alexandria at the time, had someone clock in for him at 9:40 a. m., was seen in Hertz’s parking lot making a u-turn at 9:55 a. m., and left three minutes later towards the Henson Ridge apartments – located on the 1800 block of Alabama Avenue, SE, where he allegedly picked up the four shooting suspects.

Prosecutors also claimed Greene, who owned a blue Dodge Charger, allegedly drove the four suspects to the homicide vehicle, which was identified as a white car. They also said evidence shows Greene parked his vehicle across the street from the shooting incident and trailed the shooting vehicle to the location where it was discarded on the 1500 block of Congress Place, SE.

Prosecutors stated after dropping off the suspects, Greene allegedly returned to Hertz, where he quickly left after the Metropolitan Police Department (MPD) issued a be on the lookout (BOLO) for his Dodge Charger. The prosecution said Greene drove the vehicle to College Park, Maryland, where he burned it.

The prosecutor argued that Greene showed consciousness of guilt by burning the vehicle, and by telling a friend who messaged him asking what he was doing with the car to unsend the message. According to the prosecution, Greene also received messages asking if he needed a lawyer or if there was a warrant out for his arrest, to which he allegedly replied he had already spoken with an attorney.

Prosecutors insisted they have evidence that Greene is involved with the Get Back Gang (GBG) which is allegedly associated with Henson Ridge. “This is a part of a consistent effort from people from Henson Ridge to attack Alabama Avenue,” the prosecutor said.

“You have overwhelming evidence at this point,” the prosecutor claimed, adding “this is a classic getaway driver scenario.”

“The whole purpose of shooting a rifle in the direction of a crowd in broad daylight is with the intent to kill,” the prosecution stated, “there’s back and forth between the two neighborhoods.”

Shawn Sukumar, Greene’s attorney, insisted Greene was not a shooter and was not with the shooters at the time of the homicides. He argued that the prosecution needs to prove what Greene knew before, during and after the shooting to prove he was an aider and abetter.

“These are people who grew up and live in the same neighborhood,” Sukumar said about the group in Henson Ridge, adding that the prosecution has no evidence that Greene intended to aid and abet the suspects.

He argued Greene could not have known he was driving the suspects to a vehicle – “there’s nothing on the car that showed Greene the white car would be used in a homicide.”

As for Greene’s alleged presence a block away from the shooting, Sukumar questioned “does he actually know who’s doing the shooting and who’s being shot at? He wasn’t in a position to see.”

“He reacts in a way out of fear, not out of consciousness of guilt,” Sukumar said about Greene allegedly burning his vehicle, requesting Judge Ryan not find probable cause.

“This is a very interesting case because there’s an awful lot going on,” Judge Ryan stated, adding “the result of these actions are quite horrible – the death of two people and the injury of an innocent child.”

Judge Ryan claimed there were “careful and apparently strategic movements” by Greene caught on surveillance cameras, stating “so much of this is on camera that it doesn’t take much to infer.”

He said Greene was “clearly within ear shot, especially with the number of bullets fired,” at the scene, adding the group had a “coordination that is implicative of the intent to do the shooting.”

However, Judge Ryan said Greene’s premeditation and deliberation were not clear, so he could only find probable cause for second-degree murder while armed.

Elizabeth Paige White, Greene’s attorney, requested he be released on home confinement and GPS monitoring pending further proceedings, arguing he lacks a significant role in the offense.

She requested Judge Ryan release Greene to live with his sister in Maryland in order to work a remote job and be able to raise his two kids.

The prosecution opposed the request, stating Greene has three convictions for carrying a pistol without a license, for which he was sentenced under the Youth Rehabilitation Act (YRA), which allows a defendant’s convictions to be sealed if they successfully complete all sentencing requirements.

However, the prosecution told Judge Ryan, DC Superior Court Judge James Crowell recently revoked the sentences under the YRA.

The prosecutor added that Greene allegedly had three guns stashed in his couch, which were recovered during a search warrant, and hid ammunition in his daughter’s Minnie Mouse lunchbox.

“This is an overwhelmingly strong case that will just continue to get stronger,” the prosecution stated.

Proctor’s family wrote a statement to Judge Ryan saying, “we believe Mr. Greene should remain in custody until the court decides his fate,” which was agreed to by Street’s family.

Judge Ryan denied the request for release, stating Greene poses a danger to the community, adding there is “very significant evidence which documents his movements meticulously in a very well thought out plan.”

Parties are set to reconvene Sept. 5.

‘I Was Paranoid, I Was Irritated, I Wasn’t on My Meds,’ Says Stabbing Defendant at Sentencing

DC Superior Court Judge Rainey Brandt sentenced a stabbing defendant to 10 years in prison on March 6.

On Jan. 10, Kenneth Garner, 34, pleaded guilty to aggravated assault while armed for his involvement in the stabbing of an individual on Jan. 17, 2023, inside an apartment complex on the 700 block of Brandywine Street, SE. One individual sustained life-threatening injuries during the incident, and Garner sustained an injury to his hand.

During the hearing, prosecutors requested Judge Brandt sentence Garner to 13 years in prison, citing the seriousness of the offense and the severity of the victims injuries. According to the prosecution, the victim sustained 10 stab wounds, including damage to internal organs.

Prosecutors deemed this incident “a particularly disturbing and violent attack, seemingly done without provocation.” In surveillance footage shown to the court, Garner can be seen speaking to the victim, at an apartment door, before he stabs him with an overhead motion multiple times. Prosecutors insisted the victim attempted to walk away from the situation, but Garner followed, chasing him out of the building.

“It is very fortunate that the victim is still alive,” the prosecutor exclaimed.

He told Judge Brandt the crime is concerning, but what is more concerning is Garner’s criminal history, which includes multiple assaultive convictions, including a manslaughter conviction in 2015 and an assault conviction for which he was released 10 days before the stabbing occurred.

According to the prosecution, this incident was “another instance where someone could have lost their life,” adding throughout the case, parties have had concerns with Garner’s extensive competency evaluations as well as his mental health and substance abuse issues.

“The community is not safe with the defendant in it,” the prosecutor told Judge Brandt, asking her to order the Bureau of Prisons (BoP) to provide resources that would help Garner rejoin the community when released.

However, the prosecution stated, “he did not avail himself to those services,” in the past. “The [prosecution] has an interest in the defendant receiving treatment,” he said.

Janai Reed, Garner’s defense attorney, agreed with the prosecution that “the safety of the community is a paramount concern,” requesting Judge Brandt to sentence Garner to 84 months of incarceration. Reed said she believes the BoP will be unable to provide the level of treatment Garner needs.

“Garner is a totally different person when he’s in a facility that affords him treatment,” Reed argued, stating the 84 months would be “a significant amount of time.”

Reed stated Garner’s condition when not taken care of is “not what we want in a civilized society, but we also don’t want to lock away people with mental illnesses.”

“I’d like for Mr. Garner to have the benefit of receiving treatment and becoming the best Kenneth Garner he can be,” Reed told Judge Brandt.

“I just wanna say I apologize for my actions or whatever,” Garner said, adding “I was paranoid, I was irritated, and I wasn’t on my meds.”

“I’ll take my meds and do my best,” he told Judge Brandt.

“Had Mr. Garner been on his medications there wouldn’t have been an incident,” Judge Brandt stated, adding that “a prison is not a conducive atmosphere for people with illnesses of his kind.”

“This is a matter of public safety,” Judge Brandt insisted. “Every time he’s in the community something happens that puts him back in the system and leaves a victim.”

Judge Brandt also ordered that when Garner is released he must go through the Reentry and Sanctions Center (RSC), participate in mental health and psychiatric evaluations to maintain his current regime, and pay $100 dollars to the Victims of Violent Crime Fund (VVCF).

“Good luck Mr. Garner… take your meds though,” Judge Brandt said.

No further dates were set.

Judge Finds Probable Cause Defendant Kidnapped and Stabbed Girlfriend

DC Superior Court Judge Robert Hildum found probable cause in a kidnapping case involving a man and his girlfriend on March 5. The judge denied the defendant’s pre-trial release.

Walter Romero-Ventura, 31, is charged with kidnapping while armed and assault with a dangerous weapon for his alleged involvement in the abduction and stabbing of his girlfriend on May 6, 2024, on the 1300 block of 15th Street NW.

The prosecutors extended a plea offer which would require Romero-Ventura to plead guilty to kidnapping in exchange for the prosecution dismissing the assault charge and not seeking an indictment. He rejected the offer.

According to court documents, after the complainant got off work, Romero-Ventura showed up, grabbed her by the arm and neck and shoved her into his car in which he proceeded to stab her with a box cutter.

During the hearing defense attorney, Henry Escoto, argued that the video footage showed Romero-Ventura pulling the complainant towards him and guiding her to his car without using force. The defense also argued that the defendant drove to CVS and went inside without her and yet she did not attempt to flee or call the police.

The prosecution countered, highlighting the fact that the video footage showed the defendant interrupting the complainant’s path and forcefully leading her to the car, where the stabbing allegedly occurred.

The prosecutor also brought up the fact that the day after the assault, the victim’s coworkers noticed her injuries and asked what had happened. The complainant claimed that Romero-Ventura instructed her to tell anyone who asked about her injuries that she had been attacked on the metro.

Escoto requested Romero-Ventura’s release, noting that he had no prior criminal history, and was willing to comply with any release conditions set by the court.

The prosecution opposed release, arguing that no conditions could ensure the safety of the community. The prosecutor pointed to serious allegations against the defendant, including, previous use of a bat against the victim, threats to burn her clothes, threats to kill her and harm her children, as well as an ongoing case in Maryland involving the same victim, which allegedly involved a gun.

Parties are set to reconvene on April 7.

Defendant Rejects Plea Offer, Judge Finds Probable Cause in Stabbing

A defendant rejected a plea offer during a hearing before DC Superior Court Judge Robert Hildum on March 5.

Keimontay Holston, 21, is charged with assault with a dangerous weapon for his alleged involvement in stabbing of an inmate at DC Department of Correction Central Detention Facility, located at the 1900 block of D Street SE, on Jan. 20.

Prosecutors extended a plea offer, which would require Holston to plead guilty to the charge of assault with a dangerous weapon in exchange for the prosecution not seeking an indictment. Holston rejected the offer.

A detective testified that he questioned a witness, a correction officer at the facility, who identified Holston through video footage. According to the witness, he only saw fists being thrown initially and observed no weapons. He reported that the victim was lying in bed when the suspect entered the cell and punched him.

Another witness who also works at the facility identified Holston as the alleged suspect and similarly stated that they did not see Holston with a weapon.

The defense argued againstg probable cause highlighting the fact that no one directly witnessed Holston entering the cell with a weapon, the events inside were not recorded and that the shank could have already been in the cell prior to Holston’s entry.

The prosecution countered, emphasizing the fact that the surveillance footage captured Holston walking into the cell with a sharp object, depicts Holston fighting in the hallway, running away and removing his sweatshirt which contained a metal shank. Prosecutors also stressed the fact that both witnesses identified Holston as the person who attacked the complainant.

The judge ultimately found probable cause.

Parties are set to reconvene March 27.

Homicide Defendant Said He Carried Gun in School Because, ‘It’s Dangerous’

The defendant in a fatal-shooting case became emotional during his testimony before a jury in DC Superior Court Judge Todd Edelman’s courtroom on March 5.

Daquan Gray, 23, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license for his alleged involvement in the murder of 15-year-old Jaylyn Wheeler on May 16, 2018 on the 600 block of Alabama Avenue, SE.

Gray’s attorney, Dana Page, called Gray as a witness. He explained that he had left school with a friend when they bumped into one of his childhood friends. That friend had expressed interest in fighting another kid they knew, so a group of around 10 people went to watch the fight.

During the fight, Wheeler allegedly said to Gray, “B**** if you got your [gun], you’d better use it,” while reaching for his waistband. Gray testified he panicked, fearing what would happen to him, and shot at Wheeler. He had no knowledge if the shots hit Wheeler and never intended to kill Wheeler, he cried.

In their cross, the prosecution questioned if Gray and Wheeler had ever had any issues, but he stated they barely knew each other and Gray had never seen Wheeler with a firearm. During the fight, Wheeler allegedly grabbed Gray’s friend and involved himself in the melee. Gray claimed he pushed him away, which was when Wheeler reached into his waistband.

When asked about the gun, Gray explained he got it from a random man because “it’s dangerous” to live in the city. He testified he would take it with him to school, where he’d hide it in a nearby dumpster until the schoolday ended. When he shot the gun at Wheeler, he didn’t even know if the gun would work as he’d never shot it before. While fleeing, Gray dropped the gun under a tarp in a nearby yard.

Gray’s other attorney, Hanna Perry, then called a witness who had extracted Wheeler’s phone after he died. According to her record, Wheeler had five photos between Jan. 25 and April 10, 2018 showing him with various firearms. There were also multiple text messages Wheeler had sent implying his possession of guns.

Parties are slated to reconvene on March 6.

Judge Allows 911 Call in Opening Statements for Homicide Trial

DC Superior Court Judge Jason Park ruled in a March 5 hearing that prosecutors in a fatal shooting trial can play a 911 call during their opening statements. The judge also allowed the caller to testify at a later date.

Nyjell Outler, 22, is charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, and assault with a dangerous weapon for his alleged involvement in the fatal shooting of Demetrius Johnson, 21, on March 20, 2021, at a gender reveal party on the unit block of Madison Street, NE.

Prosecutors requested permission to play a 911 call in which the caller allegedly identifies Outler chasing another man with a “long gun”. They also stated their intent to call the 911 caller as a witness later in the trial.

Outler’s defense attorney, Gemma Stevens, objected to playing the call during opening statements, arguing the caller only described the men by the color of their sweatshirts. She also stated that presenting the call so early in the trial could unfairly influence the jury and “set the tone” for the trial from day one.

Judge Park ruled in favor of the prosecutors, allowing them to play the 911 call as long as they provided the defense with the selected portions beforehand. He also approved the caller as a witness, with the prosecution determining the testimony date in the meantime.

Parties are slated to reconvene on March 6.

Motion to Modify Release Granted for Homicide Defendant

A homicide defendant was granted new conditions for his pretrial his release on March 5 before DC Superior court Judge Neal Kravitz.

Jahi Settles, 23, is charged with attempted robbery, felony murder while armed, three counts of possession of a firearm during a crime of violence, premeditated first-degree murder while armed, and second-degree murder while armed for his alleged involvement in the fatal shooting of Langston Sharps, 33, on July 3, 2023 on the 2800 block of Hartford Street, SE.

Settles was previously on 24 hour home confinement, but requested to move in with his sister in Fort Washington, Maryland, under a curfew from 10 a. m. to 6 p. m. in order to proactively find a job.

The prosecution opposed the curfew, stating that it would be risky to let him wander around looking for work, especially given that most jobs today have online applications.

Settles’ sister confirmed that he is allowed to move in with her.

Judge Kravitz was not inclined to release Settles for a certain amount of time each day, however, ruled that Settles is permitted to leave his sister’s residence for job interviews and medical appointments, as approved by his case manager at the Pretrial Services Agency (PSA).

Parties are scheduled to reconvene on Sept. 19.

MPD Officers Testify in Shooting Case

Officers from the Metropolitan Police Department (MPD) who were at the scene when a shooting defendant was arrested testified in a jury trial in front of DC Superior Court Judge Errol Arthur on March 5.

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.

Prosecutors called on an expert in the field of firearm and toolmark examination. The witness examined a firearm, its magazine, and one shell casing evidence in this case. The firearm was allegedly found in the defendant’s pant leg when arrested on the day of the incident.

After comparing the shell casing with casings fired from the suspect gun, he concluded that the shell casing found at the scene was very likely fired from the gun on Jones’ body during his arrest. His findings were peer reviewed by another examiner who reached the same conclusion.

An MPD officer who was the first to approach Jones at the scene also testified.

According to the officer, he got a ShotSpotter notification, a software that locates the sound of gunshots and reports them to MPD, and radio message about the alert that led him to the location on First Street. He subsequently received a description of the suspect given by a 911 caller. The suspect was described as a Black man in blue pants and a white t-shirt.

After encountering Jones who matched the description of the suspect, the officer handcuffed him and saw what appeared to be a firearm in his pant leg. Another MPD officer at the scene is said to removed a firearm from his pant leg before he was arrested.

The other MPD officer who was there when Jones was arrested corroborated the events that led to identifying Jones as the suspect and his arrest made by the second witness.

Parties are slated to reconvene on March 6.

Witness Balks in Teen Homicide Trial

Parties played audio from an uncooperative witness’ grand jury testimony in a homicide trial before DC Superior Court Judge Todd Edelman on March 4.

Daquan Gray, 23, 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 for his alleged involvement in the fatal shooting of 15-year-old Jaylyn Wheeler, on the 600 block of Alabama Avenue, SE, on May 16, 2018.

A previously missing witness, a former Ballou High School student, who the prosecution and defense claim is an eyewitness to the incident, finished his testimony after Judge Edelman issued a warrant for his arrest. Prosecutors asked the witness if he remembered testifying in front of a grand jury on Jan. 30, 2019 and he repeatedly answered “I don’t recall.” The prosecution and defense previously discussed discrediting the witness’ testimony.

Prosecutors played extensive audio from a grand jury testimony they claim is the prosecution questioning the witness about the case. The witness repeatedly said the audio “doesn’t sound familiar” and did not identify either voice.

The prosecution asked, “Hearing my voice today you can’t tell that is my voice in the grand jury audio?” The witness was agitated and responded “I have mental health issues, short term memory issues, and a lot of other issues” and continued “Next question, next question…you ask me the same question three times, I’m going to give you the same answer.”

The prosecution continued to interrogate the witness concerning the incident and showed several surveillance videos from Ballou High School, the bus stop in the area near the scene, and DC Metrobus footage but he could not recognize anyone. Prosecutors played grand jury audio in which the witness identified Wheeler as the victim, Gray as the shooter, and himself at the scene where the incident occurred.

During questioning by Gray’s attorney, Dana Page, the witness identified Wheeler on bus video and confirmed there was a fight the day of the incident. Page argued Wheeler pointed out Gray, acted like he had a gun, told Gray if he had a gun he should use it, and then Gray shot Wheeler. The witness answered he was unsure.

Following the witness’ testimony, Judge Edelman categorized the evidence parties had presented into three categories: witness testimony, texts about the incident, and camera footage showing Wheeler near the scene; a text on Wheeler’s phone was presented from someone’s allegedly asking him to retrieve a gun they left outside; and pictures of Wheeler posing with guns.

Gray’s other defense attorney, Hanna Perry, referenced the images of Wheeler with guns and stated that all the circumstantial evidence led to Wheeler’s having a gun and being the aggressor in the incident, insisting Gray acted in self-defense.

Judge Edelman said the images only proved Wheeler had access to firearms but nothing with propensity. The prosecution added that the firearms from the images were all different, adding that just because Wheeler had guns in images, it didn’t mean he had one at the scene.

Judge Edelman also mentioned a school report from Wheeler, which indicated he was caught with ammunition and live rounds at school while also texting friends about this behavior.

The prosecution quickly argued the report was not evidence indicating he had a gun at school, it was speculation since Wheeler was only found with three cartridges.

The defense followed, saying the reason Wheeler wasn’t found with a firearm in possession was that he “got away with it,” as she directed the courts’ attention to text messages between Wheeler and his friends.

The prosecution claimed the text messages were something kids do, bragging.

The trial will reconvene on March 5.

‘I Want to Apologize to The Victim, My Soon to Be Wife,’ Says Stabbing Defendant at Sentencing

DC Superior Court Judge Anthony Epstein sentenced a domestic stabbing defendant to 60 months of incarceration on March 5.

On Nov. 20, 2024, Kaelin Johnson, 29, pleaded guilty to assault with a dangerous weapon for his involvement in a stabbing that occurred on Oct. 1, 2024, on the 800 block of Chesapeake Street, SE. One individual sustained multiple stab wounds during the incident.

During the hearing, prosecutors provided video, which they deemed “harrowing,” that depicted the stabbing. According to the prosecution, the video shows Johnson repeatedly attack the victim by attempting to, and stabbing her, multiple times. Prosecutors claimed Johnson could be seen “raising his hand over and over again.”

Prosecutors added that multiple individuals attempted to stop the attack, until one successfully deescalated the incident and walked Johnson away from the car.

According to the prosecution, the stabbing stemmed from a disagreement between Johnson, and his then-ex-girlfriend and now-fiancee, when she refused to get back together with him after breaking up.

Prosecutors requested Judge Epstein sentence Johnson to 60 months of incarceration, citing his “lengthy” criminal history, which include past domestic violence cases and a pending case in which he’s charged with tampering with his GPS monitor, and the fact he was on parole for two incidents at the time of the stabbing.

However, Carrie Weletz, Johnson’s attorney, asked Judge Epstein to sentence Johnson to 42 months, saying “the criminal history is the criminal history… it is what it is,” insisting that Johnson has spent his time since he was arrested for the stabbing “figuring out what he wants to do moving forward.”

According to Weletz, Johnson, who deals with untreated mental health issues, spent most of his formative years on the streets with no parental or role models. However, she argued, he took full responsibility for his actions early in the case.

Weletz stated she was requesting a lower sentence because Johnson is likely going to be re-sentenced to additional time in the cases for which he was on parole at the time of the stabbing.

“I want to apologize to the victim, my soon to be wife,” Johnson stated, adding “I had time to think about how my actions impact others.”

Johnson pleaded with Judge Epstein, “I ask for a chance to be a productive member of society.”

Judge Epstein stated the victim “may have been lucky to be alive,” following stab wounds all throughout her body – adding a pre-sentence report from the Court Services and Offender Supervision Agency (CSOSA) stated Johnson poses a “high risk for recidivism.”

“I agree,” Judge Epstein said, arguing Johnson is “struggling to find his way.” Judge Epstein highlighted Johnson’s rough upbringing, recalling him being shot twice and sustaining a stab wound as a teenager.

“I hope, Mr. Johnson, you’ll take advantage of the services,” Judge Epstein told Johnson as he imposed a 60 month sentence. Johnson is also required to serve three years of supervised release and pay $100 to the Victims of Violent Crime Fund (VVCF).

No further dates were set.

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