Judge Finds Probable Cause in Spite of Imperfect Self-Defense Claim

DC Superior Court Judge Todd Edelman found probable cause in a shooting homicide on Jan. 21 even though the defense argued there was a limited claim of self-defense.

Tyquan Jennings, 26, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 19-year-old Vonte Martin and injury of another person on the 3000 block of Stanton Road, SE on Aug. 19, 2024.

During the hearing, the prosecution played a cell phone video recovered from an anonymous tip capturing the incident. The lead detective testified that multiple witnesses identified the suspect as Jennings to the Metropolitan Police Department (MPD) and in the video the suspect allegedly exchanged words with the victim–that before he is said to swung at Jennings immediately prior to the shooting.

The detective also testified that Martin was shot twice but police didn’t find a weapon.

Nathaniel Mensah, Jennings’ attorney, argued the incident was an example of imperfect self defense–an honest but unreasonable belief that the defendant was acting in self-defense– adding that a punch from the victim could have been a “one punch case” rendering the Jennings unconscious. Mensah also cited a history of frequent fights between the victim and defendant, and noted that a witness told MPD that Martin always won these fights.

Mensah questioned the truthfulness of information obtained from a witness’ phone in that it had to be obtained by a search warrant instead of provided voluntarily. The detective testified the witness was not necessarily untruthful but “uncooperative”. The defense intends to refile a motion for evidence exculpatory to the defense.

The prosecution argued against Jennings’ release, based on his prior contact with law enforcement including two pending cases, one involving a firearm.

Mensah asked for Jennings’ release on home confinement and GPS monitoring based on his new living situation and that his other cases were self-defense.

Judge Edelman ruled that Jennings probably committed the crime based on his alleged presence in the video and witness identification. The judge acknowledged Mensah’s self-defense argument but stated there is no direct evidence the victim was armed or that there was justifiable motive.

Judge Edelman held Jennings with no bond.

The next hearing is scheduled for Feb. 21.

Judge Issues Warrant For Missing Shooting Defendant

DC Superior Court Judge Jennifer Di Toro issued a bench warrant for a shooting defendant after he failed to appear in court again for a hearing on Jan. 21.

On March 29, 2023, James Young, 56, pleaded guilty to attempted robbery and carrying a pistol without a license for his alleged involvement in a shooting at a WAWA store on the 1200 block of Wisconsin Avenue, NW, on Aug. 30, 2022.

Since his sentencing on June 15, 2023, Young has had multiple probation violations, with Judge Di Toro re-sentencing him on Oct. 18, 2024. His probation was revoked following his arrest in connection to a different incident.

Despite not showing up in court on Dec. 12, 2024, Judge Di Toro granted a defense request to continue the case. The judge ordered the defendant to come to court on Jan. 21 for a probation show cause hearing, to discuss his alleged probation violations.

However, Young did not show up and, as a result, Judge Di Toro issued the warrant. The defendant has been a no-show before after a bench warrant on March 20, 2024.

Parties are slated to reconvene when Young is in custody.

Homicide Defendant ‘Non-Compliant, ‘ Case Delayed

DC Superior Court Judge Todd Edelman again delayed a homicide defendant’s motion hearing after he refused to appear in court on Jan. 22.

Ethan Cunningham, 22, is charged with first-degree murder while armed, three counts of murder while armed felony murder, assault with intent to kill while armed, kidnapping while armed, first-degree burglary while armed, seven counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside the home, and attempted robbery while armed. The defendant was allegedly involved in the fatal shooting of 38-year-old James Curtis on the 2600 block of Stanton Road, SE on May 10, 2022.

Cunningham didn’t show up for the proceeding after arriving at the courthouse. He was referred to as “non-compliant” according to the U.S. Marshal’s office and requested to go back to jail. As a result, his defense attorneys, Thomas Healy and Lisbeth Sapirstein, asked to delay the case until Cunningham agreed to be present.

The prosecution stated that Cunningham has a history of not appearing in court.

Judge Edelman asked what the prosecution wants if the defendant doesn’t appear at the next hearing. The prosecution asked for a warning—if Cunningham continues to not come to court, the case can proceed without him.

Judge Edelman said that if Cunningham’s lack of cooperation continues for the rescheduled Jan. 23 motion hearing, the court will take action.

Defendant Pleads Guilty in Non-fatal Shooting

A shooting and assault defendant accepted a plea deal before DC Superior Court Judge Andrea Hertzfeld on Jan. 13.

Stephan Ombolo, 27, is charged with two counts of assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, and carrying of a pistol without license outside of a home or business. The charges stem from his alleged involvement in a non-fatal shooting that occurred on the 400 block of Newton Place, NW, on March 26, 2024. One person sustained injuries during the incident.

During the hearing, Hannah Akintoye, Ombolo’s attorney, alerted the court of his intent to accept a plea deal, which would require him to plead guilty to assault with a dangerous weapon and carrying of a pistol without license outside a home or business, in exchange for dismissal of all other charges.

Parties are slated to reconvene on March 21 for sentencing.

Defendant Waives Right to Independently Test DNA Evidence in Homicide Case

A homicide defendant waived his right to independently test DNA evidence on Jan. 17, in front of DC Superior Court Judge Rainey Brandt at a status hearing.

Demonte Gibson, 27, is charged with premeditated first-degree murder, assault with a dangerous weapon, assault with intent to kill while armed, three counts of possessing a firearm during a crime of violence, conspiracy, and destruction of property for his alleged involvement in the fatal shooting of 34-year-old Delonte King in the 2800 block of 14th Street, NW on Nov. 3, 2021.

Gibson is charged alongside his two co-defendants Tre’quan Nelson, 23, and Asani Forte, 26. Both already waived their right during a hearing on Nov. 1, 2024.

Judge Brandt was satisfied that Gibson’s decision was given freely and voluntarily.

Evidence that can no longer be tested by Gibson includes 25 cartridge casings, a knife, various pieces of clothing, two projectiles, and guns recovered from Gibson’s apartment. From King’s autopsy, they waived their right to test a blood card, fingerprints, and a bullet fragment that was lodged in King’s brain.

Parties are slated to reconvene Feb. 28.

Defendant Sentenced to 13 Years, Six Months, Following Manslaughter Plea

DC Superior Court Judge Rainey Brandt sentenced a defendant to 13-and-a-half years for his involvement in manslaughter on Jan. 17.

On Aug. 2, 2024, Delonte Jackson, 25, pleaded guilty to voluntary manslaughter while armed for his involvement in the fatal shooting of 44-year-old Artavarn Wagner on March 3, 2022, on the 1700 block of Gales Street, NE.

Through the deal, the parties agreed to a sentence of 13-and-a-half years of imprisonment.

Megan Allburn, Jackson’s attorney, argued for leniency based on the Youth Rehabilitation Act (YRA), which allows for a young defendant’s conviction to be sealed if they successfully complete all sentencing requirements. She mentioned Jackson’s troubled childhood and learning challenges, as well as a severe brain injury that came to light after he was arrested.

Allburn stressed that Jackon is a different person than he was when he committed the crime, citing his remorse for the victim and his family. Becoming a parent has also changed his appreciation for human life.

“I’m deeply sorry that we’re even here and that Delonte is on that side of the fence. I could make all these excuses but I do not want to take away from that,” Jackson’s mother stated. “He made a bad decision and that does not determine his future.”

The prosecution called Wagner’s aunt, who raised him since childhood and considered herself his mother, to comment on the sentencing. She argued Jackson had no regard for human life and expressed remorse only after he was caught, pressing Judge Brandt to give him a longer sentence to keep him from killing again.

“[Jackson] thought it was a joke. He thought taking someone’s human life was fun,” Wagner’s aunt said.

The prosecution also asked the court to reject the request for a sentence under the YRA, and take all evidence including the DNA evidence, cameras, and GPS records into account.

Judge Brandt, rejecting the request for the YRA, told Jackson that her sentence would have been much stronger if both parties had not agreed to the specific sentence through the deal. As part of his sentence, Jackson must register as a gun offender.

“Even young children know the difference between right and wrong. No one held a gun to your head and told you to jack a car and then shoot the car’s owner,” Judge Brandt said.

No further dates were set for the case.

Judge Waives Prelim Hearing, Denies Release in ‘Incredibly Disturbing’ Incident

DC Superior Court Judge Renee Raymond accepted a stabbing defendant’s waiver of his right to a preliminary hearing, and denied his release during a Jan. 21 hearing.

Michael Hudley, 56, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that injured one individual on Jan. 15 at the 3000 block of Martin Luther King Jr. Avenue, SE. The victim sustained injuries to their lower back.

Hudley’s attorney, Carrie Weletz, alerted Judge Raymond that Hudley wished to waive his right to a preliminary hearing, and requested his release, emphasizing his non-violent nature and severe medical issue that confine him to a wheelchair.

The prosecution opposed the request, highlighting Hudley’s previous criminal charges including carrying a pistol without a license and a misdemeanor drug case.

Judge Raymond described the incident stemming from a disagreement “over five dollars” as “incredibly disturbing”, ultimately deciding that the presumption for detention had not been rebutted and denying Hudley’s release.
Hudley’s next hearing is scheduled to appear before DC Superior Court Judge Heidi Pasichow for February 18.

Prosecutors Dismiss Stabbing Case

The prosecutor filed a motion to dismiss a case against a stabbing defendant on Jan. 20, before DC Superior Court Judge Judith Pipe.

Micheal Fenwick, 34, was charged with two counts of assault with a dangerous weapon, and possession of a firearm during criminal violence for his alleged involvement in an Aug. 21, 2023, stabbing on the 4400 block of Quarles Street, NE, where a victim sustained cuts to the back of her head, swollen hands, and a cut on her left thigh.

Prosecutors filed a nolle prosequi motion, or a “not to wish to prosecute,” motion, which allows the prosecution to re-charge a defendant if they produce sufficient evidence to move ahead with the case.

The motion followed Fenwick’s attorney, Elizabeth White, orally motioning on Jan. 10 to dismiss the case. Judge Pipe granted the joint request.

No further dates were set.

Defendant Shot Murder Victim ‘In Cold Blood,’ Prosecution Says in Closing

The jury trial for a shooting defendant ended with closing arguments before DC Superior Court Judge Rainey Brandt on Jan. 21.

Idrissa Fall, 38, also known as Idy, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict for his alleged involvement in the shooting of 29-year-old Dara Northern on July 18, 2021. The incident took place on the 6100 block of 4th Street, NW.

Northern was located inside her best friend’s vehicle on the 6800 block of 5th Street, NW.

During the prosecution’s closing, they argued that Fall had followed Northern to her best friend’s vehicle before shooting her through the passenger-side window. Fall and Northern were in a relationship but had gotten into several fights over Fall’s concern with Northern’s sexual orientation and alleged infidelity.

The prosecution argued that the shooting was premeditated, deliberate, and motivated. A few days before the shooting, Fall and Northern ended their relationship, causing Northern’s mother to force Fall out of their house. The prosecution also said that he acquired a gun and easily disabled security cameras before following Northern out of the house.

The prosecution played a recording of a 911 phone call during which Northern’s best friend pleaded for help and told the operator that Fall shot Northern.

“Idy shot her. He shot her through the window of my car,” the prosecution quoted.

They also presented surveillance footage which allegedly featured Fall running from the vehicle after the shooting. They argued that this evidence was consistent with Northern’s mother’s testimony, that she woke up and looked out the window to see Fall fleeing the scene.

Several days later, Fall allegedly told Northern’s mother that he was going to turn himself in.

“It was Idy who shot Dara Northern in cold blood,” the prosecution said.

Wole Falodun, Fall’s attorney, reminded the jury of the presumption of innocence and the burden the prosecution bears to prove guilt beyond a reasonable doubt. He argued that there were several unanswered questions and gray areas.

“If you have any unresolved questions, don’t look to Mr. Fall,” Falodun said. “Look to the [prosecution].”

The defense also argued that the expert witness testimonials failed to provide information about potential physical evidence by responding to questions with “I don’t know” and “I don’t recall”.

“As you sit here today, do you know if soot was found? You don’t know the answer to that question,” Falodun said.

Falodun ended by urging the jury to make a decision based on the facts.

“I submit to you that the [prosecution] has failed to [meet its burden],” Falodun said. “Find [Fall] not guilty.”

Parties will reconvene when the jury has reached a verdict.

Judge Denies Homicide Defendant’s Motion For Dismissal

DC Superior Court Judge Neal Kravitz denied motions filed by a homicide defendant, including one to dismiss the case, during a hearing on Jan. 17.

Tommy Whack, 25, is charged with felony murder while armed for his alleged involvement in the fatal stabbing of 53-year-old Fasil Teklemariam on the 1300 block of Peabody Street, NW on April 5, 2024.

Whack’s attorney, Kevin Patrick O’Sullivan filed a motion to dismiss and a motion for reconsideration of the probable cause finding on Jan. 3, claiming false or misleading testimony by the lead detective. Sullivan argued the prosecution has an obligation to correct or disclose false testimony as his rationale for dismissal.

The prosecution reacted strongly that there was no basis for the motion.

Judge Kravitz stated Sullivan’s motions carried an accusatory tone when there is no evidence to support them. Judge Kravitz believed the most important aspect of the testimony was the ability of the detective to allegedly identify Whack and found no evidence suggesting the identification is unreliable.

Judge Kravitz denied the motions, arguing it had no legal basis.

The next hearing is scheduled for April 4.

Judge Denies Release For Sisters Accused in Metro Bus Stabbing

DC Superior Court Judge Neal Kravitz denied release for two sisters accused in a stabbing during a hearing on Jan. 17.

Donea Williams, 30, and Ashley Brown, 26, are charged with assault with intent to kill while armed for their alleged involvement in a non-fatal stabbing on Dec. 8, 2024 in a DC metro bus at the intersection of Minnesota Avenue and 28th Street, SE.

During a hearing on Jan. 10, Williams and Brown waived their rights to a preliminary hearing, and their defense attorneys requested they be released as they await further proceedings.

During their bond review hearing on Jan. 17, the prosecutor played video surveillance from inside and outside the bus capturing the incident. The prosecutor also showed images taken at the hospital of the victims’ stab wound on the left side of the face and multiple wounds on the back.

During their argument against release, the prosecution told Judge Kravitz this was a planned and coordinated attack. According to the prosecution, Brown, who was already on the bus with the victim, called Williams to meet her at the bus stop for the assault.

Peter Cooper, Brown’s attorney, argued that it wasn’t a planned attack, stating “she’s going to meet her sister. Plain and simple.”

The prosecution rebutted this argument by showing video footage from outside the bus that allegedly shows Williams holding a knife before attacking the victim.

After reviewing the footage and images, and hearing arguments, Judge Kravitz reminded defendants they waived their right to a preliminary hearing where probable cause could have been argued. Judge Kravitz denied both defendants’ motions to reconsider release after stating it was an “incredibly violent and dangerous incident.”

The next hearing in this case is scheduled for Feb. 14.

Judge Orders Mental Assessment for Homicide Defendant

DC Superior Court Judge Neal Kravitz ordered a mental health evaluation for a homicide defendant, following his defense attorney’s request during a Jan. 17 hearing.

Gerald Brevard, 33, is charged with first-degree premeditated murder while armed, five counts of possession of firearm during crime of violence, three counts of carry pistol without license outside a home or business, two counts of unlawful possession of a firearm by a convict, two counts of assault with intent to kill, aggravated assault, mayhem, unlawful possession of a firearm with prior conviction for a crime of violence, and destruction of property less than $1,000.

The charges stem from his alleged involvement in three incidents, including the death of 54-year-old Morgan Holmes by shooting and stabbing on March 9, 2022, on the 400 block of New York Avenue, NE. Brevard is also accused of a drive-by shooting on March 3, 2022, on the 900 block of Mount Olivet Street, NE, that left one person injured, and a shooting on March 8, 2022, at the intersection of 17th and H Streets, NE, that left one person injured.

During the hearing, Steven Kiersh, Brevard’s attorney, requested Judge Kravitz order a competency evaluation, stating they believe Brevard may not be mentally competent to stand trial by participating in his own defense.

The prosecution did not object, but asked Judge Kravitz to implement a deadline for the defense to file a motion for not guilty by reason of insanity.

Judge Kravitz granted the defense’s request for a competency evaluation.

Parties are slated to reconvene Jan. 24.

Murder Suspect’s Release Bid Denied Despite Good Conduct Report

DC Superior Court Judge Todd Edelman denied a murder defendant’s motions, including an emergency release from jail, during a hearing on Jan. 17.

Corde Fitzhugh, 25, is charged with two counts of premeditated first-degree murder, five counts of unlawful possession of a firearm, two counts of attempted robbery, robbery while armed, and two counts of carrying a pistol without a license, for his alleged involvement in the shootings of Muntsier Sharfi, 24, on July 8, 2021 and Zekariya Elmi, 26, on April 25, 2022.

According to court documents Sharfi and Elmi, were intending to meet a potential marijuana buyer. They were shot and killed at the suspected delivery locations, the 3300 block of Erie Avenue, SE and 1200 block of Farragut Place, NE.

During the hearing, Fitzhugh’s attorney, Erin Griffard, highlighted Fitzhugh’s conduct in jail, as she requested he be released pending further proceedings. She said the defendant participated in the Georgetown Prison Scholars Program and received a letter of support from a corporal at the DC jail.

Despite Judge Edelman’s acknowledging Fitzhugh’s efforts, he denied the motion, stating findings noting the seriousness of the offenses. Though he appreciated the defendant’s good conduct, Judge Edelman was not convinced a detention modification would ensure the safety of the community.

In rejecting the defendant’s emergency motion for release based on jail conditions, Judge Edelman considered precedent and practicality. As Judge Edelman noted, “Every prisoner would need to be released” if jail conditions alone could justify it, effectively dismantling the entire pretrial detention system.

Judge Edelman emphasized that these circumstances closely resembled standard grievances about detention conditions rather than an unprecedented emergency. Crucially, the court determined that the appropriate venue for addressing concerns about jail conditions lies in civil litigation, not within criminal proceedings.

Judge Edelman denied both motions.

Parties are slated to reconvene June 13.

Murder Suspect’s Release Modified For Employment

DC Superior Court Judge Todd Edelman granted a murder defendant’s request to modify his release conditions during a Jan. 17 hearing.

Karim Ibrahim, 21, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 23-year-old Javonni Coleman on Jan. 16, 2024 on the 2400 block of S Street, SE.

Court documents show Ibrahim has been under home confinement since September 2024, and his defense attorney, Kevin Mosley, told Judge Edelman there were no violations during the period, in spite of delays in his mental health evaluation.

A representative from the Pretrial Services Agency (PSA) verified Ibrahim’s compliance with the required conditions and plans to complete the pending mental health assessment through court services.

During the hearing, Mosley requested Judge Edelman modify Ibrahim’s release conditions so he is able to work. Judge Edelman granted the request, but issued a curfew, which requires Ibrahim to be in his home from 7 p. m. to 8:30 a. m.

Prosecutors did not object to the modified conditions, provided Ibrahim provided he abides by the terms and they said that an indictment in in progress.

Parties are slated to reconvene April 4.

Stabbing Suspect Considers Plea Deal

DC Superior Court Judge Robert Salerno granted a stabbing defendant’s motion for additional time to consider a plea offer that would downgrade his case from a felony to a misdemeanor, during a hearing on Jan. 21.

Sebastian Fonseca-Gomez, 26, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing and assault that occurred at the intersection of 7th Street and A Streets NE, on May 15, 2024. The incident left one victim with three stab wounds to the buttocks.

According to court documents, Fonseca-Gomez had allegedly gotten into an argument with the victim over a past grievance involving a dog walking business. During the argument, Fonseca-Gomez allegedly was following the victim on his bike for several blocks before pepper spraying him, initiating a struggle during which the victim being stabbed. The weapon was recovered at the scene and Fonseca-Gomez was placed under arrest.

During the hearing, Susan Ellis, Fonseca-Gomez’ attorney, requested an extension to the acceptance of the plea offer set out by the prosecution, stating Fonseca-Gomez needs additional time to consider his options.

The plea would reduce Fonseca-Gomez’ felony charge of assault with a dangerous weapon to misdemeanor simple assault and possession of a prohibited weapon.

Judge Salerno granted an extension to the offer until the next hearing.

Parties are slated to reconvene on Jan 26.

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