Supervising Prosecutor Intervenes in Contentious Motions Hearing

A supervisor from the United States Attorney’s Office stepped in before DC Superior Court Judge Danya Dayson on Oct. 30 to provide support for two prosecutors unsettled by the court’s handling of potentially incriminating evidence against one of their witnesses.

David Pena, 48, is charged with second-degree murder while armed, possession of a firearm during a crime of violence or dangerous offense, assault with a dangerous weapon, and unlawful possession of a firearm by a convict. The charges stem from his alleged involvement in a fatal shooting on June 12, 2023 on the 3000 block of 30th Street, SE. Maurice Robinson, 24, succumbed to his injuries on June 13 at a local hospital.

The hearing took a turn when prosecutors learned that the court had appointed an attorney for one of their witnesses the week prior. Prosecutors informed Judge Dayson that they had since met with the witness without her attorney, unaware that she had one.

“For our legal and ethical obligations we’ve been sandbagged,” a prosecutor said before calling his supervisor.

Judge Dayson told prosecutors that their witness had been appointed a lawyer for reasons not relevant to the upcoming trial, but defense attorney Dana Page’s contention that she had a potentially incriminating Instagram video of the witness that muddled the issue.

In an earlier hearing, Page argued that an arson at Pena’s apartment was a retaliation for Robinson’s death. During the Oct. 30 hearing, Page indicated that the video, if authentic, could potentially tie the witness to the arson.

Page said that prosecutors had months to investigate the matter and that it was not her duty to inform them whether their witnesses were at risk of incriminating themselves.

“It’s not our responsibility to point out the [prosecution’s] Fifth Amendment issues,” Page said. “The [prosecution] has known about this arson since June 15, 2023.”

A supervisor for the prosecutor’s office said that she had never seen this kind of information withheld by defense attorneys and that she would need the video to determine whether the witness needed immunity.

Page argued that prosecutors did not need the video to secure witness immunity and said that the witness’s attorney, Michelle Lockard, should be provided with the video to act as an intermediary as she saw fit.

“If Ms. Lockard comes in and says ‘this is not my client,’ then we can move forward. If Ms. Page is correct then we need to address this,” the supervisor said. Lockard agreed to meet with the witness the next day and try to resolve the issue.

The parties discussed several other motions throughout the hearing. Judge Dayson found that statements Pena made to officers before he was read his rights were voluntary and ruled to admit them. Judge Dayson noted that, according to body-worn camera footage, officers tried for several minutes to read Pena his rights but that he repeatedly interrupted to make statements.

Judge Dayson also overruled prosecutors’ motion to prevent Page and her co-counsel, Gail Engmann, from arguing that Pena acted in self-defense and in defense of his daughter. Judge Dayson said that she might modify her instructions to the jury about self-defense based on the evidence presented during trial but that the existing evidence did not rule out self-defense.

“Someone who is in that situation, the heat of passion, that it may appear differently to them, so I’m going to allow the self-defense and defense of a third,” Dayson said.

Parties are slated to reconvene Nov. 3.

Judge Says DNA Investigator is ‘Creating Enormous Problems,’ With Delayed Report

DC Superior Court Judge Jason Park sharply criticized a DNA evidence investigator for repeated delays in producing a key case report for a homicide case on Oct. 31, saying the failure to meet deadlines has hindered the defense and prosecution.

Joshua Allen, 35, is charged with first-degree murder premeditated while armed, aggravated assault knowingly while armed, assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior crime of violence, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in the fatal shooting of Delonte Johnson, 28, and non-life-threatening injuries to another person on June 11, 2021 on the 4600 block of Hillside Road, SE.

Prosecution reported they had still not received the case report from a DNA evidence investigator, prompting defense attorneys Sara Kopeki and Janai Reed to confirm that their team also had not received the report in spite of multiple attempts.

The defense attorneys told the court they believe the investigator may still be collecting or testing DNA evidence.

Judge Park noted this was the second missed deadline for the report, saying it had been “blown by again.” He acknowledged that both sides appeared equally frustrated in that Allen may take a plea rather than opt for a trial.

The prosecution said it was unclear whether certain items were being tested a second time or if evidence remained untested.

Judge Park criticized the DNA analyst’s handling of the case, saying the investigator was “creating enormous problems” and “using court funds improperly.” “I am done,” Park said, expressing frustration over the repeated delays.

The prosecution said they could not waive further testing until they received complete information from the defense but emphasized that the prosecution “wants to go to trial either way.”

Judge Park said he was not opposed to issuing another voucher for a new investigator but suggested he might contact the investigator personally. The defense agreed to make another attempt to get in touch before the next hearing.

Allen asked to be moved into protective custody, citing poor jail conditions. Judge Park said he was “painfully aware” of the issues within the jail but denied the request, explaining that such transfers are extremely difficult to grant on short notice.

The parties are slated to reconvene on Nov. 7.

Defense Wants Constitutional Limits on Murder Evidence

Defense attorneys claimed there were two improper search and seizures were executed against a defendant accused of fatally shooting a victim 12 times during a hearing on Oct. 31 before DC Superior Court Judge Todd Edelman.

Joshua Franklin, 40, is charged with first-degree murder while armed, possession of a firearm during crime of violence and unlawful possession of a firearm for his alleged involvement in the fatal shooting of 32-year-old Andrew Session on the 4400 block of 3rd Street, SE, on Jan 21, 2021.

Each of the charges has an enhancement because the offenses were allegedly committed during Franklin’s release for a prior conviction.

According to court documents, Session was found in an apartment building stairwell with 12 bullet wounds on his head, torso and legs.

During the hearing, defense attorney Joseph Yarbough argued that the prosecution did not meet its burden in proving police were legally justified under the Fourth Amendment against illegal search and seziure in Franklin’s traffic stop, subsequent arrest, search of his vehicle, and seizure of his phone from the vehicle was constitutional.

In his testimony, a detective explained that the traffic stop was conducted due to a “be on the look out” (BOLO) notification issued by MPD. The officer testified that he was not personally aware of the BOLO himself and that his colleague later told him when they exited their vehicle that he recognized the vehicle from the BOLO.

Yarbough argued the prosecution has to prove that the BOLO was constitutional. While a BOLO can be used as reasonable suspicion to begin a traffic stop, the prosecution in court must investigate and prove that the BOLO itself was issued with reasonable suspicion.

Yarbough also cited DC Superior Court precedent that says that when the reasonable basis of an action originates from a separate act from an officer, that detective must testify in court.

The prosecution argued that the officers had sufficient reasonable suspicion based on the BOLO itself, which instructed them to pull over a vehicle that had markings like Franklin’s.

Yarbough argued that the seizure of Franklin’s phone from the center console of his vehicle was unconstitutional. He argued that Franklin never granted the officers permission to search his vehicle or seize his phone.

During his testimony, the detective said that Franklin was asking for his “personal property.”

Yarbough emphasized that the search warrant to extract data from Franklin’s phone does not justify the seizure of his phone from the vehicle because it was issued after officers took it.

The prosecution objected to this argument saying that DC Superior Court Judge Anthony Epstein already ruled that the warrant to search his phone was valid. Therefore, the prosecution argued that the defense can no longer call into question the search of his phone.

Yarbough responded that he was not calling into question the search of the phone but instead the search of the vehicle and the seizure of the phone from the vehicle.

The prosecution argued that the BOLO itself is sufficient to justify the search of the vehicle and the seizure of the phone because it instructed officers to extract all technology from the suspect. They also emphasized that the search of the phone only took place after a warrant was issued by the court.

Defense attorney Emma Mlyniec delivered a second constitutional argument that the prosecution conducted an improper search of Franklin’s daughter’s phone.

She called a Public Defender Service Investigator to testify to an interview conducted with Franklin’s daughter. The witness testified that the daughter’s phone was given to her by Franklin and that Franklin pays the phone bills.

Mlyniec argued that Franklin has a privacy interest in the phone because he pays for the phone’s use. She argued that Franklin has a “reasonable expectation of privacy” because parents have control over their children’s belongings, especially when they pay for them. Like a shared car, Mlyneic argued that Franklin was an authorized user of the phone.

The prosecution argued that Franklin’s daughter granted permission to search the phone and that only she uses it. Because there is no evidence that Franklin has control over or access to the phone, it cannot be argued that he is like an “authorized user” simply because he pays for the phone.

Judge Eldenman took the arguments under submission.

During the hearing, Yarbough also accused the prosecution of withholding Brady material, or evidence that could be favorable to the defense. Judge Edelman explained that the prosecution is waiting for a protective order, which would restrict the sharing of the evidence.

Parties are slated to reconvene Feb. 6.

Mom of Four Sentenced to 8 1/2 Years for Killing Would Be Peacemaker

DC Superior Court Judge Todd Edelman sentenced a defendant in a fatal stabbing case to eight-and-a-half years of incarceration during an Oct. 31 hearing.

On Aug. 28, Shaneka Jackson, 42, pleaded guilty to voluntary manslaughter and possession of a prohibited weapon for her involvement in the fatal stabbing of 23-year-old Gray Hall on the 900 block of Division Avenue, NE, on Sept. 1, 2024. Another individual also sustained injuries during the incident.

Through the deal, parties agreed to a sentencing range of four-to-ten years for manslaughter, and one year for possession of a prohibited weapon. It was up to the judge to decide if the sentences would run concurrently or consecutively.

According to court documents, Hall died from a singular stab wound to his back that injured his left lung and rib.

During the hearing, the prosecution laid out the facts of the case, explaining that there was a fist fight between several individuals. Hall was a peacemaker, who tried to break up the fight, according to the prosecution.

The prosecution argued that Jackson escalated the fist fight by bringing a knife, which she held for several minutes before stabbing Hall’s girlfriend twice and Hall once. She did this in front of her children, according to the prosecution.

The prosecution allowed 17 family members to deliver victim impact statements.

A graduate of Hampton University, Hall touched all of the lives around him, according to his family. He went to Africa to plant trees, taught his girlfriend’s son French, and prepared a special birthday song for his great grandmother’s 107th birthday. He was an active member of Jack and Jill of America, providing mentorship for Black families.

“You killed an angel,” a friend of the family said, referring to Jackson. “He was light, joy, and laughter. He was the heartbeat of his family and you stole him from us.”

Hall’s loved ones were left to grieve the wonderful man he was. His girlfriend, a victim of the stabbing, can no longer sleep without medication and her son asks everyday for his dad to come back from heaven.

His great-grandmother reflected on their time together in her statement, from reading children’s books in the back of her granddaughter’s car to sitting on the patio together on warm days.

Three weeks before his death, the family celebrated her birthday, and he embraced her saying “I’m going to see you real soon Memaw.” She said she grieves the loss of her eldest great-grandson everyday, devastated that she outlived him.

In a statement for the court, Hall’s brother shared his devastation and a feeling of deep responsibility as his parents’ last living son. His sister has dreams of inventing time travel to say ‘I love you” one more time to her brother. She cherishes memories of him putting her on his shoulders during a music festival and taking photos with her high school diploma.

Each family member argued that Jackson should serve the maximum sentence of 11 years. They shared that anything less would not be representative of the loss the community suffered.

“Show the community that a young Black life has value under the law,” a friend of the family said. “Justice must be served fully and without compromise.”

The family shared their disappointment that Hall was killed by someone nearly twice his age, who they argue should have been more emotionally mature. As a mother, they hoped Jackson would have the best interest of her children and other mothers’ children in mind.

Upon mention of Jackson by Hall’s family, members of Jackson’s family began to exit the courtroom.

The prosecution requested the maximum sentence of 11 years, explaining that the average sentence for voluntary manslaughter is 10 years in DC. When asked by Judge Edelman why they extended a plea agreement, the prosecution explained that they were not willing to risk an acquittal as it would be devastating for the family.

Defense attorney Joseph Yarbough explained that Jackson has experienced difficult circumstances. She was forced to move into the house where the incident occurred because her public housing had no running water and heat.

Yarbough also explained that Jackson has a long history of drug abuse, stemming from her parents’ detention for the use of drugs when she was a child. During the incident, Jackson had synthetic marijuana, also known as K2, and Molly–MDMA– in her system.

Yarbough explained that the defendant was attacked by Hall’s girlfriend, backing her into a corner. She armed herself with a knife to ward off future attacks, according to the defense.

Yarbough explained that Jackson was diagnosed with Post Traumatic Stress Disorder (PTSD) due to the many assaults she experienced. She lost two of her romantic partners and fathers of her children due to homicide. Jackson is a single mom of four children, including one child with a disability and twin adolescent boys, and she had no time to take care of her trauma.

When her boyfriend rushed into the fight, Yarbough explained that her PTSD was triggered. Yarbough argued that PTSD is associated with hyper-vigilance and impulsive actions, which led her to perceive danger and engage in the fight to save him.

Yarbough argued that Jackson had no intention to kill Hall and only was trying to stop him, demonstrated by the fact that she only stabbed him once.

Yarbough explained that Jackson experienced sufficient punishment. She hopes to never be separated from her children again.

Yarbough argued that Jackson has worked on rehabilitating since day one. She has received treatment for her PTSD and completed the Residential Substance Abuse Treatment (RSAT) program, where she is now a mentor for other participants. Jackson has taken several courses such as anger management and parenting.

Yarbough argued for the minimum sentence of four years, with the sentences running concurrently, and explained that Jackson would have the support of her family and organizations such as the Hope Foundation for the rehabilitation process.

Judge Edelman sentenced Jackson to eight-and-a-half years for the voluntary manslaughter charge and one year for the weapons charge. The charges will run concurrent to one another.

Judge Edelman said that four years would not be enough time for the damage Jackson caused. Simultaneously, he was issued a set of facts in the plea deal that Jackson had acted in “imperfect self-defense” and that her fear was unreasonable but present.

Judge Edelman also took into consideration that Jackson has no prior conviction or history of violent offenses.

“This is the worst thing that she’s ever done but it doesn’t define her,” Edelman said. “But she also must be held accountable for it.”

When exiting the court room, Jackson’s family announced their support for their loved one.

“We love you, free you. Your boys need you,” Jackson’s loved one said.

Parties are not slated to reconvene.

Body’s Recent Discovery Complicates Original Shooting Case

DC Superior Court Judge Rainey Brandt expressed concern on Oct. 29 about a shooting trial complicated by potential homicide charges related to the ongoing investigation of a body found in the defendant’s attic.

Christopher Wise, 34, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury while armed, assault with a dangerous weapon, unlawful possession of a firearm, carrying a pistol without a license outside home or business, possession of an unregistered firearm, unlawful possession of ammunition, and four counts of possession of a firearm during a crime of violence. These charges are in relation to his alleged involvement in a non-fatal shooting on the 4100 block of Hayes Street, NE, that occurred on June 10, 2024. One person was injured in the incident.

Wise’s recently appointed defense attorney, Darryl Daniels, requested more time to go through the evidence in the case beyond the originally planned July date.

That angered Wise who complained in open court that they kept pushing the trial back.

“I don’t need your permission or anyone else’s permission to change a hearing on my calendar,” Judge Brandt said in response while acknowledging that Wise has been waiting for his day in court in jail.

He continued to complain loudly, but she told him to stop talking: “Don’t say anything about anything, because anything you say can and will be used against you.”

Between Wise’s outbursts, the prosecutor reminded the judge of a body found in the attic of the vacant property where the victim was shot and Wise was found by police. Judge Brandt asked if it was still being investigated, and the prosecutor said she would check.

Judge Brandt worried about a superseding indictment for the potential homicide interrupting the trial for the charges Wise currently faces.

The parties decided to set a new status hearing when more information is available. As they picked a date in November, Wise once again grew agitated and began to mutter under his breath. He gradually grew louder, cussing openly in court. “You need to watch your mouth in this courtroom,” Judge Brandt said.

Wise apologized but continued talking over the attorneys. He complained about previous attorneys not providing adequate counsel and insisted that the prosecution has not sent over all the videos in the case: “Tell her we need to see all the evidence, we haven’t seen all the evidence.”

The prosecutor noted that she had sent over all of the video she has, as well as the grand jury transcript, which Wise also claimed wasn’t disclosed. Daniels told Wise he would speak to him about these issues after the hearing.

Parties are slated to reconvene Nov. 24.

Document: MPD Investigating Southeast Homicide

The Metropolitan Police Department (MPD) announced they are investigating a homicide that occurred on Nov. 4 in Southeast, Washington, D.C. The victim, identified as 40-year-old Lowell Trueheart, was found with gunshot wounds on the 3500 block of Minnesota Avenue and pronounced dead at the scene.

Judge Finds Probable Cause in Co-Defendant Attempted Carjacking, Robbery Case

DC Superior Court Robert Hildum found probable cause a defendant was involved in a carjacking and robbery after his co-defendant waived his preliminary hearing on Nov. 6.

Anthony Taylor, 18, and Laurence Cotton-Powell, 19, are each charged with three counts of robbery, three counts of assault with intent to commit robbery, and one count of attempted carjacking for their alleged involvement in two separate incidents that occurred on Aug. 3.

The first was a robbery that occurred at 2:50 a. m. at the Sunoco gas station on the 1400 block of U Street, NW. The second was an unarmed carjacking that occurred at 3 a. m. at the 1400 block of Swann Street, NW.

During the hearing, Cotton-Powell’s attorney, David Akulian, alerted the court that his client waived his right to a preliminary hearing. Judge Hildum accepted the waiver and excused Cotton-Powell’s presence for the remainder of the hearing.

Taylor’s attorney, Kevann Gardner, alerted the court that Taylor would be proceeding with his hearing.

The prosecutor called the Metropolitan Police Department (MPD) detective who wrote the arrest warrant to testify. He presented a series of surveillance videos and Google Map photos the detective gathered during his investigation.

The first clip showed a group of 10-to-15 individuals. According to the detective, Taylor and Cotton-Powell identified themselves in the video. This group approached a smaller group of individuals who were smoking near a Sunoco gas sign. The detective said witnesses told him the larger group demanded items from the smaller group, saying, “Come here, give me everything,” and assaulted them.

During the assault, the footage showed one individual who was knocked to the ground. When the person tried to stand back up, an individual alleged to be Cotton-Powell stomped on the victim’s head, knocking the individual down.

Several in the courtroom gasped at seeing the violence.

The video subsequently showed suspects stealing the victim’s watch and one shoe during this assault. The detective testified that the victim had to go to the hospital for stitches on his lip.

After the altercation near the Sunoco gas station, other footage showed the large group of individuals walking towards Swann Street, NW.

According to the detective, the group approached two individuals, demanded their keys, and said “give me your car, give me your keys.” The detective testified that Taylor threw the first punch towards one of the individuals, knocking them to the ground. Taylor then allegedly punched and kicked the individual while they were on the ground, said the detective.

The detective then described a third incident the defendants were not currently charged with that happened around 6 a. m. on Aug. 3. According to the detective, the group assaulted another individual, robbed them of their watch, phone, and Jordans’ tennis shoes. The detective said the stolen Jordans were allegedly found in Taylor’s backpack.

The detective said MPD stopped the group and arrested Cotton-Powell and Taylor shortly after the third incident.

The detective added that MPD officers also retrieved the shoes Taylor wore on the night of the incidents with what seemed to be dried blood. Although the blood was not tested for DNA, Taylor did not receive any injuries from the night of the altercation, according to the detective.

During cross-examination, Gardner first focused on the larger group Taylor was a part of said to consist of African Americans and Hispanics from 15- to- 18 years old. As opposed to the smaller group of all white, adult males who were coming from a bar, according to Gardner.

According to the detective, Taylor revealed during a custodial interview with MPD indicating the smaller group initially interacted with Taylor’s group asking for a lighter. Taylor also told the detective that when Taylor’s group refused because, the smaller group responded by calling them “a bunch of n******.” That’s when the fight started, according to Taylor’s interview.

Gardner also mentionedit was uncertain who among the group stole the watch and the shoe from the first victim.

Regarding the second incident, the attempted carjacking, Gardner said it was uncertain who started the interaction. Gardner said no keys were taken, no weapons were used, and no one entered the car. Additionally, Gardner argued that, when the victims were first talking to police about the incident, they did not mention an attempt to take their keys or car, therefore it was not an attempted carjacking.

Gardner also mentioned that Taylor was compliant with the investigation, voluntarily spoke to the detective, and waived his Miranda rights.

Gardner focused on Taylor’s robbery charge and asserted there was no evidence of Taylor taking part in or planning the first robbery.

He noted that a group was involved in the incidents and they should not just be attributed to Taylor. Gardner asserted that the prosecutor did not have the evidence to file an assault with intent to commit robbery charge, but acknowledged it might be different if it was a simple assault charge..

Judge Hildum was impressed by Gardner’s argument, stating that he “did a pretty amazing job” presenting the case, but simply did not agree. Judge Hildum stated that he found probable cause in all three cases.

Parties then presented arguments regarding Taylor’s release or detention pending trial.

Gardner mentioned that Taylor had no prior offenses, had stable employment, and not a flight risk because his family lived in the area. Gardner noted Taylor’s mother was present online for the hearing. Furthermore, Gardner said Taylor needed to support his family and keeping putting him in the DC Jail would strain on his family.

The prosecution argued that Taylor was charged with multiple counts so he should remain detained. They asserted that since there were three incidents, Taylor had two chances to stop, but decided not to. Furthermore, the prosecutor alleged Taylor led the group, and was not only a mindless follower.

According to the prosecutor, the victims from each incident implicated Taylor strongly in each case through identification as opposed to their ambivalent reaction to photos of other individuals in the group.

Judge Hildum agreed with the prosecution, focusing particularly on how this case involved multiple counts. “Based on the nature of the offense, offenses, one after another,” Judge Hildum ordered Taylor to remain held at the DC Jail.

Parties are slated to reconvene on Dec. 11.

Judge Denies Release For Co-Defendants in Shooting Case

DC Superior Court Judge Robert Salerno denied motions to release two co-defendants charged in a gun-related assault case during a hearing on Nov. 5.

Zion Greely, 19, Lorenzo Covington, 20, are charged with assault with a dangerous weapon for their alleged involvement in a non-fatal shooting on the 700 block of N Street, NW, on Oct. 14.

According to court documents, Greely, Covington, and another individual were captured on surveillance video firing handguns at a victim following a verbal dispute near 7th and O Streets, NW. Responding officers recovered 27 shell casings and two bullet fragments from the scene.

Investigators later identified Covington through a Metropolitan Police Department (MPD) Be on the Lookout (BOLO) flyer and confirmation by his Court Services and Offender Supervision Agency (CSOSA) case manager. Covington was on release for another case at the time of the incident.

During the hearing, Greely’s defense counsel, Diana Yu, requested his release, arguing there is no clear evidence he poses a danger to the community. Yu said Greely is enrolled in school, on track to graduate, and engaged in mental health services.

The prosecution opposed release, arguing that Greely armed himself and participated in a violent confrontation. Prosecutors said no combination of conditions would ensure community safety.

Covington’s defense counsel, Claudine Harrison, also sought his release, acknowledging his criminal history but noting that he is involved in youth programming and an apprenticeship. Harrison said Covington’s mother was willing to supervise him under home confinement. The prosecution opposed release on the same grounds.

Judge Salerno denied both motions.

The parties are scheduled to return for trial readiness on Jan. 2, 2026.

‘I’m Not a Relationship Therapist,’ Judge Says During Probation Hearing in Shooting

DC Superior Court Judge Danya Dayson said that she could not allow a cycle of violence between a defendant and her “ex”to continue during a probation hearing on Oct. 30.

In the spring, Javonee Jackson, 25, accepted a sealed plea agreement for her involvement in the shooting of her baby’s father on May 10, 2023 at the 700 block of 7th Street, NW. She was originally charged with assault with intent to kill, and the terms of the plea are not accessible.

The victim, Keanu Scott, sustained injuries to the face, arm, and torso.

Scott faces charges for his alleged involvement in shooting at Jackson on Aug. 21, on the 800 block of Dahlia Street, NW. During the hearing, Judge Dayson stressed the significance of a violation of Jackson’s protective order against Scott, which states she cannot reach out to him, and the importance of her work with mental health services.

Jackson and her attorney, Alvin Thomas, asked for the show-cause to be dismissed given the nature of her contact with Scott. Jackson said that she had messaged him only because of the threat he posed to her and her son. Jackson also argued that some of her difficulties in complying with her probationary measures were a result of the shooting.

“The seven days I missed the mental health exam I was shot in my leg,” Jackson said. “I’m doing what I’m supposed to do.” According to court documents, it is unclear if her injury was from a gunshot or shrapnel.

Dayson told Jackson that she understood the difficulty of her situation and recognized that it was not her job to police Jackson’s personal life. Dayson noted, though, that any contact between Jackson and Scott could have lethal consequences for other people.

“There is a cycle of violence between the two of them and no disengagement,” Dayson said. “I’m not a relationship therapist,” Dayson added.

Dayson insisted that she could not discharge the probation hearing and needed to make sure Jackson followed through on all of her obligations to the court.

Parties are slated to reconvene Dec. 12.

Accessory to Murder Defendant Must Wear GPS Monitor

DC Superior Court Judge Neal Kravitz denied a defendant’s request to end GPS monitoring as part of her release conditions on Oct. 31.

Nichelle Thomas, 26, is charged with accessory after the fact to second-degree murder while armed, six counts of tampering with physical evidence, three counts of misdemeanor credit card fraud, threat to kidnap or injure a person, threat to injure a person, and four counts of obstruction of justice for her alleged involvement in assisting her boyfriend in an attempt to get away with the murder of 42-year-old Anthony Jordan. The incident occurred on the 2500 block of Pomeroy Road, SE, on Aug. 4, 2023.

Thomas’ boyfriend, 28-year-old Lewis Jones, is awaiting sentencing after pleading guilty to voluntary manslaughter while armed and obstruction of justice as part of a plea deal on July 11 for his role in stabbing Jordan.

Thomas’ defense attorney, Alvin Thomas, requested that Thomas’ GPS monitor be removed, given her current compliance with the terms of her release. The defense had made a similar argument on July 11, which Judge Kravitz denied.

The prosecution argued that given the severity of Thomas’ charges, and her history with substance abuse, as well as noncompliance issues in the past, she was not an ideal candidate to be released from GPS monitoring.

The prosecution also noted that Thomas currently has stay-away orders from her sister, as well as the Wellington Park area in DC, which are constantly enforced by GPS monitoring.

Judge Kravitz denied Thomas’ current motion, although he said he was open to reconsider his decision in the future.

Thomas is set to go to trial before Judge Kravitz on Oct. 26, 2026.

Parties are slated to reconvene on Jan. 30, 2026.

Stabbing Defendant Rejects Plea Offer, Asks for Trial

A stabbing defendant rejected a plea offer and asked the court to set a trial date in a hearing before DC Superior Court Judge Andrea Hertzfeld on Oct. 30.

Dawud Blair, 51, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing at the intersection of 8th and H Street, NE, on Aug. 16. One individual was wounded as a result.

The prosecution’s offer would have had Blair plead guilty to assault with a dangerous weapon, and in exchange, not receive face greater indictment charges. Defense attorney Alvin Thomas noted that he had proposed a counter offer, but the prosecution rejected it.

Blair told Judge Hertzfeld that he wanted to go to trial and rejected the plea offer. Judge Hertzfeld set the trial date for Feb. 4.

Parties are set to reconvene on Jan. 30.

Stabbing Defendant With Priors Waives Prelim, Detained

DC Superior Court Judge Robert Hildum accepted a non-fatal stabbing defendant’s preliminary hearing waiver but kept him in jail, in part because of past crimes on Nov. 5.

Chauncey Liverpool, 32, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal stabbing that wounded his girlfriend on the 4000 block of 3rd Street, SE, on Sept. 9.

Liverpool appeared in court and signed a waiver of his preliminary hearing. Judge Hildum confirmed that Liverpool had discussed his rights with his attorney and reviewed those rights, and formally accepted the waiver.

During the release argument, Howard McEachern, Liverpool’s attorney, emphasized that Liverpool is 32 and a lifelong resident of DC. He tested negative for drugs while in lockup, and noted that his prior criminal history consisted only of misdemeanors, and he has been under supervision in connection with some of those cases.

McEachern requested that Liverpool be released under supervision pending trial.

The prosecution opposed release, arguing that the defense had not rebutted the basis for detention. The prosecutor stated that Liverpool intentionally stabbed his girlfriend in the arm with scissors, and multiple witnesses saw and heard the altercation before calling 911. The prosecution asserted that the evidence is strong, including physical evidence from the victim’s injuries and multiple eyewitness accounts.

The prosecution further noted Liverpool’s criminal history, including a prior armed robbery conviction for which he was sentenced to eight years, with four years suspended and five years of supervised release, and several violations of that supervision. Liverpool also has a conviction for second-degree assault and remains on probation for that offense, as well as two domestic violence cases. Based on this history and the current allegations, the prosecutors requested that he remain detained.

Judge Hildum found that the weight of the evidence is strong and cited concerns about Liverpool’s supervision violations, failures to appear in prior cases, and the seriousness of the alleged offense, which occurred while he was under supervision.

The judge ruled that no set of conditions would responsibly assure community safety or Liverpool’s appearance in court, and therefore ordered him held.

Parties are slated to reconvene on Nov. 12.

‘The Devil Made Me Do It,’ Says 7-Eleven Killer Sentenced to 24 Years

DC Superior Court Judge Rainey Brandt sentenced a homicide defendant to 24 years of incarceration on Oct. 31.

On April 4, Terry Thompson, 33, pleaded guilty to second-degree murder while armed for his involvement in the fatal shooting of Christopher Callahan, 64, at a 7-Eleven store on the Avenue, SW, on May 15, 2023.

Through the deal, parties agreed to a sentencing range of 19-to-24 years of incarceration.

The victim’s daughter asked for the maximum sentence of 24 years, telling Thompson that she would never forgive him for taking her dad from her.

She told Thompson that, because of him, she would never see her dad’s smile again, or hear his voice, and that she would listen to her dad’s voice on her mom’s phone.

She explained how difficult it was to tell her son that his grandfather wouldn’t come back. “I miss everything about my dad,” she told Judge Brandt, adding that she wouldn’t wish what happened to her on anybody.

She asked Thompson why he had done it, to which Thompson replied that “The devil made me do it.”

The prosecuting attorney agreed with the 24-year maximum sentence proposed by the victim’s daughter, claiming that “all actions have consequences, but certain actions have irreparable consequences.” He said that the victim was sitting in a walker with “no ability to defend himself.”

The prosecution also argued that there may not have been a “genuineness” to Thompson’s behavior plagued by mental health difficulties. During a video of the shooting, Thompson was shown to use a rifle to shoot the victim and “calmly” walk away.

The prosecuting attorney claimed that a rifle went beyond the “typical handgun” that many people carry for self-defense, and that a rifle had to be concealed, which demonstrated that Thompson made “a choice” to “arm himself.” The prosecurtor described the shooting and preparation as a series of “thoughtful actions” by a “competent” and a “fully-developed adult.”

He said that the prosecution was “not just a hammer that sees the entire world as nails,” but that actions have consequences, and that the victim was a “real man who was murdered.” He asked for 24 years of incarceration, which he called a “harsh but fair” consequence.

Defense attorney Patrick O’Sullivan asked for the minimum sentence of 19 years of incarceration.

He agreed that there was “no question” the incident was “traumatic.” However, he argued that the murder wasn’t calculated like the prosecution claimed, but rather, a “random act” that Thompson made while experiencing “psychotic symptoms.”

He claimed that the defense was trying to “get to the root” of Thompson’s problems, and said that Thompson had suffered from mental illness his entire life and had been treated.

He said that the prosecution acknowledged that Thompson’s behavior on the day of the crime was “odd” and “inexplicable,” even if the prosecution wouldn’t acknowledge Thompson’s mental illness.

He described the shooting, where Thompson didn’t try to “get away” from the crime like many other shooters, but walked away “calmly.” O’Sullivan explained that Thompson then returned to the body in front of a crowd of witnesses, and he was found in the area the following day, wearing the same clothes.

O’Sullivan argued that “someone in their right state of mind” would not display these behaviors, and that they demonstrate a “lack of full understanding” on Thompson’s part.

He called Thompson a “different person” since starting anti-psychotic medication, and that his medication and treatment are cause for “optimism” because “he’s never had that.”

O’Sullivan argued that deterrence, like incarceration, is “only effective if someone is thinking rationally.” He said that the difference between 19 and 24 years wouldn’t matter because Thompson needed mental health support. He asked for 19 years so that Thompson could be released back into the community and have a chance to make amends.

Judge Brandt called the killing an “eerily calm killing of an older man” who couldn’t defend himself. She told Thompson that she was happy he was receiving treatment and trying to reach a place of stability, but that he needed to “think about getting on that path to get better” because he would be “released from prison one day” and needed to be able to function in society.

Judge Brandt sentenced Thompson to 24 years of incarceration with five years of supervised release.

Parties are not slated to reconvene.

Prosecutors Say Murder Defendant, ‘Brought an Illegal Gun to a Teen-age Fistfight’

Defense attorneys and prosecutors delivered opening statements on a family sanctioned fistfight between two teen-age girls, formerly best friends, that escalated into a brawl and fatal shooting before DC Superior Court Judge Danya Dayson on Nov. 5.

David Pena, 49, is charged with second-degree murder while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm. The charges are in connection to Pena’s alleged involvement in the fatal shooting of 24-year-old Maurice Robinson on the 2900 block of Southern Avenue, SE, on June 12, 2023.

Both parties described a fraught scene in their opening statements, explaining to the jury how a souring relationship between two former best friends devolved into a street brawl between their families that left Robinson dead.

Prosecutors explained that as the relationship between the teen-age girls broke down, their families had agreed to let them settle their differences by having a sanctioned fist-fight at a parking lot in Southern Avenue, SE. Pena, the father of one of the girls involved, raised the stakes by bringing a firearm with him to the brawl, prosecutors said.

“In this case, the defendant brought an illegal gun to a teenage fist-fight, and the victim ended up dead,” a prosecutor said.

Prosecutors argued that as the fight between the two girls broke down and evolved into a scrum between the families, Pena fired on Robinson reportedly out of malice as Robinson ran away from him, hitting him in the back four times.

“He’s advancing on a man who’s running away from him,” a prosecutor said.

Pena’s defense attorney, Gail Engmann, painted a starkly different image of the events that led to Robinson’s death. Engmann argued that Pena did what he needed to do to protect his own and the life of his daughter. Engmann highlighted a key detail in her opening statements that did not appear in prosecutors’ version of events – that someone had told Robinson to shoot Pena while he was on the ground.

“As [Pena] tries to get away, someone says ‘blow his a** up Mo,’” Engmann said. A witness later testified that Robinson often went by Mo.

Engmann also pointed out that Pena’s daughter had lost the fight and was being kicked on the ground, meanwhile someone had maced some of Pena’s other children.

Prosecutors called a witness who testified that she was best friends with a person prosecutors believe to be Pena’s daughter and that they met in middle school and hung out often. Before June 12, 2023 the two had never physically fought, according to the witness.

The witness stated that on June 12 the two had an argument over texts that led to the witness’ mother becoming involved. She testified that her mother and her former friend began exchanging disrespectful messages.

According to the witness, her mother told her that they were going to a prom send-off that day, but they ended up in a parking lot by her former friend’s building. She stated that someone she considers an aunt and two people she considers cousins, including Robinson, were also there.

Prosecutors showed footage of the witness, her aunt, her cousins, her aunt’s husband, and a man she doesn’t know walking to 30th Street. The witness said she eventually ended up in front of her former friend’s building and began having a verbal altercation with individuals through a window. Her former friend eventually came outside with her two sisters, according to the witness.

After she came outside, the two fought and it was discussed beforehand that no one else would be involved in the fight, the witness stated. According to the witness, her former friend’s two sisters tried to become involved and were maced. She stated that she did not know by whom, but she suspected it was her aunt as she was the closest to her.

Eventually, the witness’ former friend ended up on the ground and the fight ended up in the street at which point others became involved. She stated that her former friend’s father and step-father were in the street along with a car, which someone may have edited.

At some point during the fight, the witness stated that she was touched aggressively and she doesn’t know by who, but it felt like a man. She stated that she could hear the person behind her get hit and then she heard gunshots.

She testified that she began running along with Robinson and when they made it back to the car she was holding his gunshot wounds. She put him in the car with his mother and got in the car with hers and they went to a hospital where she told officers what she knew.

The witness testified that she did not want to fight but her former friend kept antagonizing and threatening her siblings. She stated that at some point the young woman sent people to the witness’ house while her siblings were present.

In a cross examination by Pena’s attorney, Dana Page, the witness testified that when her mother became involved in the argument she believed she was going to calm the situation down. When Page suggested that the witness’ mother ramped the situation up, the witness stated that she did not.

Page noted that when the witness spoke to officers, detectives, and a grand jury relating to this case, she never mentioned that her former friend sent people to her home, to which the witness agreed. Page also noted that the witness was not home when this occurred so she did not see or hear anyone come to her house.

Page played footage of the witness and the people she was there with prior to the physical fight standing at the corner across the street from the witness’ former friend’s apartment. The witness stated that people were yelling to come over but she was not. Eventually, the individuals went across the street.

According to Page and the witness, her aunt brought her husband, her two cousins, and a man she did not know. The witness also testified that her former friend’s siblings were younger than the two.

Page noted that the witness was winning the fight, to which the witness agreed. When the fight ended up in the street, the witness stated that her female cousin joined the fight by kicking the other young woman once. The witness stated that at some point she could feel someone trying to pull her off of the young woman.

The witness’ testimony will resume at a later time.

During the hearing, the jury also heard testimony from a Metropolitan Police Department (MPD) officer who interviewed Robinson’s mother at United Medical Center where his family had rushed him immediately after the shooting.

The officer got a witness description from Robinson’s mother, who had “tears streaming down the face.” Engmann tried to ask the officer about whether she had detected any mace in the car Robinson’s mother drove him to the hospital in, but her responses were successfully stricken by prosecutors’ objections.

Prosecutors also brought to the stand a witness who works with Shot Spotter. The witness testified that the company operates devices throughout DC, and picks up and records gunshots. A device near the 3000 block of 30th Street, SE recorded the sounds of six gunshots around the time of the shooting.

Jurors also heard testimony from an officer with the Department of Forensic Sciences

(DFS) who photographed Robinson’s blood-soaked tank top and blood marks at the crime scene.

Trial is set to resume Nov. 6.

Stabbing Defendant Found Competent to Stand Trial After Missing Court Dates

DC Superior Court Judge Robert Salerno concluded that a stabbing defendant was competent to proceed to trial after parties reviewed results from a mental health evaluation Nov. 5.

Rhonda Fleming, 58, is charged with assault with a dangerous weapon for her alleged involvement in a non-fatal stabbing on the 1500 block of Benning Road, NE, on Oct. 2. The victim sustained stab wounds to his shoulder.

According to court documents, the victim and Fleming were reportedly engaged in a verbal dispute regarding money. Fleming then allegedly stabbed the victim in the left shoulder.

Judge Salerno granted Fleming a temporary release from the DC Jail on Oct. 20 with electronic monitoring so she could visit a family member in the hospital. Fleming failed to return to court as required twice and Judge Salerno issued two separate bench warrants.

At an Oct. 30 hearing, Fleming’s defense counsel Howard McEachern, raised concerns regarding her mental competency, and the court ordered a forensic mental health evaluation.

At the hearing, Judge Salerno stated that the Department of Behavioral Health (DBH) evaluation concluded Fleming was competent to proceed, meaning she understands the nature of the charges against her and can assist her attorney in her defense. Parties did not dispute the DBH finding.

The parties are scheduled to reconvene on Nov. 20.

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