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Homicide Defendants Plead Not Guilty to More Than 100 Charges During Arraignment

Three homicide co-defendants pleaded not guilty to more than 100 charges at their arraignment before DC Superior Court Judge Michael Ryan on Nov. 14.

Keondre Carroll, 22, Steven Metts, 20, and Jovontae Wallace, 21, are charged with conspiracy, two counts of first-degree premeditated murder while armed, eight counts of assault with intent to kill while armed, 15 counts of assault with a dangerous weapon, four counts of aggravated assault knowingly while armed, five counts of assault with intent to commit robbery while armed, 38 counts of possession of a firearm during a crime of violence, two counts of robbery while armed, attempted robbery while armed, kidnapping while armed, four counts of endangerment with a firearm, four counts of unlawful discharge of a firearm, and three counts of carrying a pistol without a license outside a home or business.

Carroll and Metts are additionally charged with two counts of assault with intent to kill while armed, one count of aggravated assault knowingly while armed, and three counts of assault with a dangerous weapon.

Carroll is also facing eight counts of possession of a firearm during a crime of violence, three counts of endangerment with a firearm, three counts of unlawful discharge of a firearm, first-degree burglary while armed, second-degree cruelty to children, destruction of property, misdemeanor credit card fraud, and an additional count of carrying a pistol without a license outside a home or business.

Meanwhile, Metts is also charged with six counts of possession of a firearm during a crime of violence, two counts of endangerment with a firearm, two counts of unlawful discharge of a firearm, two counts of destruction of property, threatening to kidnap or injure, and four counts of carrying a pistol without a license outside a home or business.

These charges stem from their alleged involvement in the homicide of Raymond Ballard, 59, on Jan. 23, 2024 on the 3000 block of Martin Luther King Jr. Avenue, SE, and the homicide of Malik Gliss on Jan. 24, 2024 on the 4600 block of Livingston Road SE. 

The charges also stem from their alleged involvement in various non-fatal shootings occurring on Dec. 29, on the 3300 block of Wheeler Road, SE, Dec. 30, 2023, on the 2800 block of Hartford Street,SE, Dec. 31, 2023 on the 300 block of 37th Street SE, Jan. 1, 2024, on the 400 block of T Street NW, and Jan. 5., 2024 on the 2800 block of 23rd Place SE. 

During the hearing, Megan Allburn, Wallace’s attorney, Kevin Irving, Metts’ attorney, and Gemma Stevens, Carroll’s attorney, alerted the court of their intent to plead not guilty to all charges, and asserted their rights to a speedy trial. 

Irving and Stevens raised concerns about delays in the discovery process, noting that the defense had initially been told a hard-drive, containing “voluminous” evidence, would be available in August. The prosecution guaranteed that phone evidence would be delivered Nov. 17, and that all other requested materials had already been provided. 

The court also finalized a trial date of May 24, 2027, a timeline Judge Ryan acknowledged took considerable time to arrange, remarking that “consensus is hard to reach these days.”

The parties are slated to reconvene on Jan. 30, 2026.

Injured Witness Delays Stabbing Trial, Suspect Released

DC Superior Court Judge Jennifer Di Toro granted a stabbing defendant’s request for release as the victim recovers from his injuries in a hearing on Nov. 21.

Billy Williams, 69, is charged with assault with a dangerous weapon, assault with significant bodily injury, threat to kidnap or injure a person while armed, and aggressive panhandling for his alleged involvement in a Dec. 7, 2023 stabbing at the intersection of Rock Creek Parkway and Virginia Avenue, NW. One individual sustained injuries during the incident. 

At the hearing, the prosecution informed the court that the victim is recovering from ongoing surgical procedures and has limited mobility and mental endurance. They said the victim is restricted to ten minute phone calls and is not competent to testify at this time.

Williams’ defense attorney, Henry Escoto, requested that Williams be placed on release since the trial was rescheduled from December 2025 to July 2026. Judge Di Toro granted the request and ordered Williams to comply fully with the Pretrial Services Agency (PSA), including mandatory drug testing and all supervision requirements. 

Parties are slated to reconvene on March 11.

Homicide Defendant’s Sister Says He Was in an ‘Irate State’ Before Mom’s Murder 

A homicide defendant’s sister–also the victim’s daughter,–testified the accused was in an “irate state” leading up to the crime, in a trial before DC Superior Court Judge Michael Ryan on Nov. 18

Seth Andrews, 38, has been indicted for first-degree murder, two counts of assault on a police officer, and destruction of property, for his alleged involvement in the death of his mother, 67-year-old Hazel Evans, on the unit block of 35th Street, SE on July 16, 2020. 

The prosecution called Andrews’ older sister. She described her relationship with Andrews as a “normal sibling relationship” and that she and her mom were on good terms. However, she testified that in the days leading up to Evans’ death, she was upset and worried about Andrews, who told his sister that his girlfriend was cheating on him. 

On the day of Evans’ death, Andrews’ sister received a call from Andrews saying their mother was dead. She stated she was in disbelief and inconsolable and saw Andrews crying when she arrived at her mother’s apartment. She also testified she asked Andrews twice if he had killed her. When prosecutors asked why, she claimed that he was in an “irate state” before her death. 

Andrews’ sister claimed that Andrews said he put Evans in a chokehold because he believed that his sister was more of a “mother figure” than Evans. His sister testified that Evans struggled with severe addiction affected Andrews during their childhood that may have prompted him to allegedly strangle his mother.

The prosecution also heard from the victim’s friend and roommate who testified that he lived with Evans for about a year when he worked in Silver Spring on weekdays while her son, Andrews, often stayed in the apartment during the week. 

On the morning of Evans’ death, the witness noticed her bedroom light on, Andrews sitting on the couch, and possibly talking faintly. As he left for work around 5 a. m., Andrews remarked, “I know you don’t feel like going to work.” 

Hours later, the witness learned from a neighbor that Evans had died. Afterward, the witness claimed Andrews kicked in the apartment’s top lock. The witness later encountered Evans’ daughter, who told him she believed Andrews killed her mother. The witness said Andrews later confronted him and accused him of “snitching.”

The witness described Evans and Andrews’ relationship as largely normal, noting Evans once defended her son and that Andrews felt comfortable in the home, though he sometimes entered the witness’ room without knocking. 

The witness saw no conflict between them before Evans’ death. 

He testified he heard no disturbances around the time the crime was committed and previously told investigators his limited sight and hearing due were an issue.

During cross-examination, the witness denied entering Evans’ room, knowing anything about a safe, or being aware of missing money, despite a statement suggesting the safe had been opened. The witness said he generally got along with Andrews, who once jokingly referred to him as a stepdad, though he refused Evans’ request to “handle her son,” saying he didn’t want to intervene in family matters.

The prosecution called a DNA analyst who studied evidence including four samples of blood and fingernail clippings. During the prosecution’s direct examination, she explained three out of the four samples more than likely contained Andrews’ DNA.

On cross examination, defense counsel, Kevin Irving, argued that since she used all the fingernails to extract DNA, no other lab could extract DNA. 

Moreover, since she tested all the fingernails together, Irving claimed the analysis could not determine why another DNA profile was present on the fingernail or if another person’s DNA came from a specific fingernail.

Irving stated it’s possible secondary transfer of DNA from one person to another if both people touch a common object, could be a possible reason for Andrews’ DNA to appear on Evan’s body.  

The parties are slated to reconvene on Nov. 19.

Armed Carjacking Defendant Accepts Plea Deal

A defendant in an armed carjacking case accepted a plea deal extended by prosecutors in a hearing before DC Superior Court Judge Errol Arthur on Nov. 18.

Winston Timoteo, 27, was originally charged with armed carjacking, assault with the intent to commit armed robbery, armed kidnapping, three counts of firearm possession during a crime of violence, and first-degree theft for his involvement in an armed carjacking on the 1300 block of 4th Street, NE on Dec. 26, 2023.

During the hearing, defense attorney Claudine Harrison read a plea deal onto the record, which would have Timoteo plead guilty to armed robbery and carrying a pistol without a license. In exchange, the prosecution would dismiss all other charges and would agree that the sentences for both charges would run concurrently.

Judge Kravitz noted that the armed robbery charge came with a mandatory minimum of five years of incarceration, which he would have to impose, and that Timoteo would also have to register as a gun offender upon his release.

Timoteo accepted the plea deal and pleaded guilty to armed robbery and carrying a pistol without a license.

Parties are set to return for sentencing on Feb. 2.

Homicide, Kidnapping Defendant Denied Release

DC Superior Court Jason Park denied a homicide defendant’s request for release on Nov. 18, citing lack of evidence to ensure the safety of the community.

Lashawn Washington, 34, is charged with first-degree murder, kidnapping, and obstruction of justice for her alleged involvement in the abduction and murder of 25-year-old Chyna Crawford on Oct. 24, 2023. Crawford was last seen on the 4000 block of South Capitol Street, SW.

Washington’s attorneys, Sara Kopecki and Janai Reed, submitted a bond review motion to release Washington.

According to Kopecki, Washington had been held since March 2024, which will mean she will  have been held more than two years and a trial date has yet to be set.

Kopecki also raised concerns for Washington’s safety at the detention center.

Judge Park stated that the defendant was indicted for murder, which favors detention. He emphasized that he had not received any evidence to prove Washington’s lack of dangerousness.

Furthermore, even if he were, Judge Park made it clear that Washington’s history of convictions and the prosecution’s significant though circumstantial evidence was enough to deny any release options.

Kopecki stated that she wished to challenge the strength of the evidence, but Judge Park and advised her to file a motion if she wished to proceed.

Judge Park also recognized the importance of Washington’s safety, stating that he would consider transferring her if the Department of Corrections (DOC) recommended it.

Prosecution alerted the parties that they would be filing a superseding indictment in January with additional charges including multiple counts of obstruction of justice, larger conspiracy, and aggravated assault.

Parties are slated to reconvene on Dec. 17.

Judge Frets About Legal ‘Heartburn’ in Conflict of Interest Claim in Homicide Trial

The prosecution said a defense attorney has a potential conflict of interest in a homicide case before DC Superior Court Judge Rainey Brandt during a Nov. 21 hearing. 

Tyrone Spencer, 44, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 36-year-old Francois Adkins, which occurred on Sept. 1 on the 2300 block of 14th Street, NE. 

According to court documents, Adkins died from four gunshot wounds.

During the Nov. 21 hearing, Judge Brandt raised concerns about the motions filed by both the prosecution and the defense about defense attorney Kevin O’Sullivan having’ ‘s a potential conflict of interest, which would force him to transfer the case to another attorney. 

The prosecution argued that the Public Defender Service (PDS), who O’Sullivan works for, has represented Adkins in a past misdemeanor case, in which he was charged with carrying a pistol without a license. They explained that if the homicide case leads the defense to cross examine witnesses about Adkins’ past violent history, they could have prior knowledge from working with Adkins in the past.    

Defense attorney Claire Roth represented PDS’ interests in the matter. She argued that the conflict of interest only pertains to conversations about the charges Adkins was convicted of, which in this case was a misdemeanor, and should not be considered a significant violent crime to warrant a conflict. 

Roth also argued that the attorney that represented Adkins no longer works at PDS. She explained that there is no evidence that Adkins’ attorney had conversations with co-workers about the case and that Judge Brandt should not speculate that these conversations happened. Instead, the court should focus on the fact that conversations about Adkins’ past could not happen now, according to Roth. 

Judge Brandt ordered both parties to write an additional set of motions on this issue and insisted that they cite more decisions from prior cases to make their arguments. 

“I don’t think this is as cut and dry as both sides are making it,” Brandt said. “This issue gives the court heartburn. We need more information to decide the ultimate question. Flesh out this tension for me.” 

Judge Brandt agreed with the prosecution that if self-defense is used as an argument, there might be a conflict that arises from having unfair knowledge of his potential violent history. 

“Mr. Spencer deserves an attorney who doesn’t have to hold back on cross if they have to cross on violent history,” Brandt said. 

Parties are slated to reconvene on Dec. 22.

Jury Convicts Homicide Defendant in Gas Station Stabbing

After a day of deliberation, the jury for a homicide defendant returned with a guilty verdict on all charges before DC Superior Court Michael Ryan on Nov. 12.

Tywan Morris, 30, was found guilty of second-degree murder while armed, carrying a dangerous weapon outside a home or business, andh z two counts of possession of a prohibited weapon for his involvement in the fatal stabbing of 27-year-old Danielle Stuckey, on Oct. 17, 2021, at the 2800 block of Alabama Avenue, SE. The victim suffered a fatal wound to her thigh, where her femoral artery was severed.

On the day of the incident, the victim and her eldest son went to a bus stop that was directly in front of a BP gas station. Meanwhile, Morris pulled into the gas station with his girlfriend and co-defendant, Key Juan Sinclair, 28, and their infant son. Sinclair conceded guilt in a plea agreement with the prosecution last year.

Stuckey’s son testified that an argument between his mom and Morris turned violent, and Morris stabbed her as Stuckey’s son hit Morris on the head with a cooler.

Following a day of deliberation, the jury convicted Morris of all charges.

Parties are slated to reconvene on March 6 for sentencing.

Carjacking Defendant Gets Mandatory 14 Year Sentence

A carjacking defendant spoke to DC Superior Court Judge Andrea Hertzfeld at his sentencing on Nov. 18, asking for a second chance and admitting his wrongdoing. Still, the judge imposed the mandatory minimum sentence for the crime.

On June 23, Malik Kearney, 20, pled guilty to two counts of unarmed carjacking and two counts of possession of a firearm for his involvement in an incident on the 6100 block of Eastern Avenue, NE, on Dec. 28, 2024, and on the 4200 block of Nannie Helen Burroughs Avenue, NE, on Jan. 3.

Judge Hertzfeld reviewed several pre-sentencing reports. One recommended incarceration for Kearney, which neither party disputed.

The prosecutor asked for the mandatory minimum sentence of seven years for each of the carjacking counts in the case, for a total of 14 years. He emphasized that the accepted plea offer generously downgraded his charges from armed to unarmed carjacking. Given the seriousness of the original charges, he claimed the mandatory minimum sentence would be necessary to Kearney to atone for his mistakes.

He also claimed that Kearney was incredibly “lucky” considering that the victim had a firearm of his own and was prepared to use to defend himself and his property. However, his gun jammed when the victim tried to shoot Kearney.

Defense attorney Carrie Weletz argued against the use of the mandatory minimum, stating that they are ineffective as a deterrent. She also said that Kearney was well aware of his wrongdoing and had made that clear by accepting the plea deal and admitting his guilt.

Weletz asked Judge Hertzfeld to consider Kearney’s young daughter, stating that he should not be taken from her for 14 years when he had acted recklessly as a teenager. He was 19 at the time of the carjacking.

She also made note of another plea deal made in the DC Superior Court for homicide co-defendants, who received only seven years only half Kearney’s proposed sentence.

Kearney read a letter to the judge. “I take full responsibility for what I did,” he said. “Every night I sit in my cell thinking about my actions, wishing I could take them back.” He also expressed that all he wants from now on is to be “a father my daughter can depend on.”

Judge Hertzfeld emphasized accountability in this case. She told Kearney she was relieved he had his daughter to hold himself accountable for, but was not willing to sentence him to less time than the mandatory minimum.

The judge sentenced Kearney to seven years for both carjacking counts, which will run consecutively, and to five years for both counts of possession of a firearm, which will run concurrently to the carjackings. The total fourteen years in prison will be followed by three years of supervised release for each count.

No other hearings were scheduled.

Judge Clears Prosecution of Wrongdoing in Emergency Motion Hearing 

DC Superior Court Judge Carmen McLean found that the DC United States Attorneys Office fo (USAO) had not used false testimony in their prosecution of a carjacking defendant on Nov. 18.  

Markell Woodings, 18, is charged with armed carjacking and possession of a firearm during a crime of violence for his alleged involvement in a carjacking on the 4000 block of Douglas Street, NE on Sept. 21, 2025. 

During the incident, Woodings is alleged to have flashed a pistol and stolen a moped from the victim after the victim let him ride it, according to court documents. Officers did not recover a weapon from Woodings during his arrest or at the scene of the crime, where Woodings allegedly left it behind, according to court documents. 

Woodings’ attorney, Lauren Morehouse, called the emergency motion hearing out of a concern that the prosecution had used false statements at some point in previous hearings. If true, the misuse would violate the Napue rule, which requires prosecutors to disclose to the defense any false statements made by witnesses.

The specifics of the potential Napue violation in Woodings’ case are unclear because previous discussions between parties in his case have occurred under seal. During the Nov. 18 hearing, Judge McLean hinted that the issue stemmed from witness statements about allegations that Woodings’ lifted his shirt and flashed a pistol at the victim

Judge McLean ultimately found that the prosecution had not used any false statements in their preliminary efforts to prosecute the case. 

“There is nothing definitive to say that the [prosecution] allowed false testimony to be a part of the hearings thus far,” Judge McLean said. 

In her ruling, Judge McLean noted that officers are allowed to incorporate hearsay, or out-of-court statements, in their testimony during probable cause hearings. Judge McLean also instructed the prosecution to be very careful of Napue violations during trial.

She also ordered the prosecution to comply with a Nov. 25 deadline to turn over any relevant information to Morehouse. Judge McLean took issue with a prosecutor’s statement that they would comply with the order but might continue to find evidence after the deadline as they continued to investigate the case. 

“I find that that is problematic for the defense,” Judge McLean said, though she recognized that the prosecution had a right to investigate the case up until trial. 

After clearing the prosecution of any Napue violations, Judge McLean denied a motion to release Woodings. Judge McLean argued that the defense had not overcome the presumption that Woodings posed a danger to the community. 

Before the conclusion of the hearing, Woodings surprised the court by requesting a new attorney.

Judge McLean denied the request. 

“I’m not going to grant the request at this time,” Judge McLean said. 

Parties are slated to reconvene Dec. 18. 

Carjacking Defendant Sentenced to Mandatory Minimum Following Guilty Plea

A defendant was sentenced to seven years in prison in an unarmed carjacking case before DC Superior Court Judge Robert Salerno on Nov. 18.

Jarrell Gayden, 33, pleaded guilty to unarmed carjacking on Sep.18 for his involvement in an incident that took place on the 800 block of 7th Street, NW on April 25.

Gayden was on supervised release following a 2024 conviction for unauthorized use of a vehicle when the carjacking occurred. 

Judge Salerno stuck to the mandatory minimum guidelines and sentenced Gayden to seven years for the carjacking, which is set to run consecutively with an additional 18 months for violation of the terms of his supervised release. He will also be required to complete three years of supervised release.

The prosecution highlighted Gayden’s extensive criminal history and the need for a strong deterrent to prevent him from committing similar acts in the future. They stated that he has four felony convictions consisting of robbery, unauthorized use of a vehicle, and firearm possession charges.

Gayden’s attorney Sarah Kopecki focused on his willingness to admit his guilt early and stated that he is regretful of his actions. She conceded that he will have to serve time due to mandatory minimum guidelines but requested that all time be concurrent to the unarmed carjacking, believing that seven years was more than enough to act as a deterrent.

There are no more hearings scheduled in this case. 

After The Incident, Homicide Victim’s Neighbor Says She Heard ‘For The Love of God, Somebody Help Me’

A witness testified about the day a brutal murder occurred next door before DC Superior Court Jason Park on Nov. 18.

Julius Worthy, 39, is charged with second-degree murder 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 by a prior convict, for his alleged involvement in the fatal stabbing and shooting of 36-year-old Orlando Galloway on April 2, 2023, on the 200 block of 14th Street, SE. Galloway’s girlfriend was also found in the apartment suffering from multiple stab wounds, but survived.

Prosecutors called in a witness who lived on the 200 block of 14th Street, SE, with her husband during the time of the incident.

The prosecution asked the witness to describe some of her relationships with her neighbors

The woman said she only knew a few of her neighbors. One neighbor, in particular, was a man who lived with his wife on the second floor of a red brick apartment building next to her. The witness described the man as a “character,” explaining he was always noisy, hosted lots of parties, would put a boom box in his window, and yelled at random people walking by the apartment. 

The witness also claimed that the man and his wife would argue a lot, and whenever they did, the witness and her husband would hear them. In fact, the witness testified that she and her husband once complained to the man about the noise. “He grew agitated and got in our faces,” the witness stated.

The witness also spoke about another man, whom she said was a “regular” in the neighborhood, and rode a red bicycle. “He would ask us for money to buy food, and we would give it to him,” the witness testified about the man with the bike. Prosecutors previously alleged the person on the bike is Worthy. 

The prosecution inquired about the day of the murder and asked the witness to describe it as she remembered it.

On April 2, 2023 at approximately 5:45 p. m., the witness said she was gardening in her front yard while her husband was attending a baseball game. 

The witness said at some point, the man with the red bike approached and asked her for money. “I told him I did not have any money, and he rode away,” the witness testified. 

The witness’ husband came home between 6:15 and 6:30 p. m., and got on a work call. Shortly after, the witness said she heard three loud bangs coming from the apartment building next door.

“It sounded like someone pounded on the window. It startled me,” the witness testified. The witness said she thought it was her neighbor who made a lot of noise. 

Shortly after hearing the three loud bangs, the witness said she heard a man and a woman arguing. She did not think it was her neighbor who made a lot of noise and his wife because they had “distinct voices.” 

The witness testified, “I then heard a man’s voice scream, ‘For the love of God, somebody help me!’ and then it got quiet.” 

The witness said she did not call 9-1-1 because she thought it could have been her neighbor just being noisy. “We were not sure if it was the right decision,” she said. 

Around 7:15 p. m., the witness saw her neighbor who made a lot of noise and his wife dropped off at their apartment building. The witness then knew it was not the couple she heard arguing earlier. 

“They entered their apartment, and immediately after, I heard loud screams,” the witness stated.

The witness said lots of police arrived and started to cordon off the apartment building. 

During cross-examination, Worthy’s defense attorney, Michael Bruckheim, asked the witness if she had encountered the man on the red bike after he asked her for money. The witness said she did not encounter him. 

Prosecutors brought to the stand the medical examiner who performed the autopsy of Galloway. The examiner testified that Galloway suffered from seven stab wounds, six gunshot wounds, and “extensive” blunt force injuries including contusions, lacerations, and abrasions spanning over his entire face.

According to the examiner, particularly detrimental were two stab wounds in Galloway’s neck that each penetrated the carotid artery and jugular vein.

The examiner also explained that Galloway was shot in the left hip and groin, which each resulted in swelling and hemorrhaging.

Through her examination, the examiner concluded that the cause of death was a combination of multiple gunshot wounds, sharp force injuries, and blunt force wounds. None of the injuries could be isolated as the single cause of death. The manner of death was determined to be homicide.

A former member of the Metropolitan Police Department (MPD) Digital Evidence Unit (DEU) was then called to testify on digital extractions he performed on the iPhone the prosecutors alleged was Worthy’s.

The expert performed a full file system extraction on the iPhone, which involved the full content of the iPhone being extracted using a forensic tool. This data included information such as contacts and text messages.

A series of text messages was highlighted by the prosecutor, including an interaction between the owner of the iPhone and another person.

“I killed two people,” said the owner of the iPhone.

Seemingly confused by the sudden claim, the other person responded saying, “Julius, what the hell do you mean you killed two people?”

In response, the owner of the iPhone said, “Yes, they stole from me today.”

“Julius, I can’t do this with you, I cannot,” responded the other person.

“I was just tryna get rich,” said the owner of the iPhone.

During the cross-examination, Worthy’s attorney, Steven Ogilvie, attempted to challenge the accuracy of the data extraction.

Ogilvie questioned the expert about how the data extraction was verified, to which the expert explained that number values unique to the file were cross-referenced with forensic tools to ensure the accuracy and reliability of the data. The expert had no concern that the information extracted was at all corrupted.

Parties are slated to reconvene on Nov. 19.

Fatal Stabbing Defendant Found Mentally Competent

A fatal stabbing defendant was found mentally competent to stand trial during a hearing before DC Superior Court Judge Rainey Brandt on Nov. 18.

Kevin Johnson, 39, is charged with felony murder while armed, first-degree premeditated murder while armed and robbery while armed for his alleged involvement in the fatal stabbing of 44-year-old Antonio Woody. The incident occurred on the 1700 block of Lincoln Road, NE, on Oct. 6, 2024.

Judge Brandt reviewed the competency evaluation from the Department of Behavioral Health (DBH) , which concluded Johnson is competent to stand trial. Neither Johnson’s defense attorney, Elizabeth Weller, nor the prosecution raised any objections, and the court formally adopted the report.

To stand trial a defendant must establish he’s mentally competent enough to understand the charges and help his lawyer represent the case.

With competency established, Johnson’s case will head to trial in the upcoming year.

Parties are slated to reconvene March 4, 2026.

Murder Trial Closes With Dispute Over Self -Defense

Parties delivered closing statements focused on self-defense claims in a homicide trial before DC Superior Court Judge Danya Dayson on Nov. 17. 

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 with a prior conviction, for his alleged involvement in the fatal shooting of Maurice Robinson, 24. The incident occurred on June 12, 2023, on the 3000 block of 30th Street, SE.

Before the parties made closing remarks, the defense called the victim’s mother briefly back to the stand. Dana Page, Pena’s attorney, asked about a request that the witness had made to the Crime Victims Compensation Program. The witness testified that her request was denied because her son had a weapon. 

However, when asked by the prosecution, she added that she had appealed the initial denial. In her appeal, she had told the program that her son did not have a weapon and that he was not the aggressor in the incident. She also clarified that she never received funds.

During their closing, the prosecution showed a picture of the victim saying “This photo is here instead of Maurice Robinson.” They claimed Pena shot the victim six times after getting involved in an unrelated fight, and that Pena “made that choice.” They also showed photos of Robinson’s bloodstained shirt and his wounds.

According to the prosecution, Pena alleged he heard someone say “blow his ass up, Moe,” which spurred him to pull a gun out. They argued, however, that some of Pena’s other statements are contradictory. In addition, there was no evidence that confirmed someone said that and even if true, words are never adequate provocation, according to the prosecution.

The prosecution showed a surveillance camera video of the incident. Several people can be seen crowded by a car, but the prosecution added arrows to the footage to highlight Pena and Robinson. The part where someone pulled out a gun and fired was highlighted.

The prosecution claimed Robinson put his hands up and started to run, arguing that should have been enough for Pena, but that he shot anyway. Pena was allegedly the only person to have a gun during the incident.

Pena once stated that when he got involved in the fight, he was pushed down twice, but he didn’t know who pulled him down. He also didn’t know who said what he heard. The prosecution said he shot at the first person he saw and called it “beyond unreasonable.” They also claimed he only shot six times because he didn’t have more bullets.

The prosecution reiterated that Pena was the only person armed and that everyone at the incident scattered when Pena drew the gun. They claimed that if anyone else had a gun, they would have pulled it out in response. 

The prosecution stated Pena called his testimony “his truth,” suggesting h was not being entirely truthful. They claimed Pena said exactly what he needed to say on the witness stand and not the complete truth.

Page claimed Pena was trying to stop a fight between his daughter and a different group of seven individuals, including Robinson. She argued for self-defense, claiming Pena was pushed down twice and overheard someone say “Blow his a** up,” without knowing who did what.

According to Page, the group of seven arrived at Pena and his daughter’s home and were calling for her to come out and fight one of them. Pena allegedly tried to stop her, but was unsuccessful, and struggled how to stop the fight once it began. Once Pena’s daughter was pulled into the street, he tried to physically get in the way of the attackers. 

During this confrontation, Pena was hit and knocked down from behind, so he couldn’t know who hit him. He only heard the “blow him up” line and saw someone approach him with a hand reaching for something at his hip—which Page claimed was the same place Pena had his gun. 

Page argued the incident was chaotic and fast, stating the whole fight, from when Pena’s daughter joined to when Pena shot was 44 seconds. She played a recording from ShotSpotter monitoring system of the gunshots alongside a timer she recorded to show how quickly all the shots were fired. The recording was four seconds, but all gunshots can be heard within a one-and-a-half second span. Page claimed this was too fast for Pena to react to Robinson running away.

Page argued one of the witnesses, Robinson’s mother, was not credible. She claimed her testimony tried to “minimize her involvement” in the incident. Specifically, Robinson’s mother tried to say Pena’s daughter was the instigator of the group fight when evidence was presented that the whole group was seen and heard outside their house trying to get her to join a fight.

Page also presented a social media video of Robinson’s mother apparently threatening Pena’s daughter. According to the defense, Robinson’s mother alluded to her alleged role in an arson incident and said she would “do ten times worse to you” to Pena’s daughter in the video.

Page further argued for self-defense, saying that the prosecution never conducted a search to see if anyone else at the incident had a weapon. She pointed to some woods near the incident that someone could have thrown something into to hide, but that no one searched to see if there were any. She also stated that Pena did not have to be right for the self-defense claim to be reasonable.

Page concluded by saying “if there is any uncertainty, you must find him not guilty.”

The prosecution rebutted by saying their job was to prove the events of the incident, not answer any and all questions. They assured there was no evidence of anyone other than Pena being armed. 

The prosecution explained self-defense, saying there are multiple parts to it and all have to be true for self defense to be established. If they could disprove any, then there would be no argument for it. They followed up by saying Pena “brought a gun to a fistfight.”

“Actions speak louder than words,” the prosecution said, and claimed none of Pena’s movements during the incident suggested fear or danger. They also argued that, since Pena did not know who pushed him, it was not reasonable to shoot at the first person he saw.

The prosecution concluded by saying that, regardless of the events, Pena was not allowed to own a gun anyway due to a prior conviction.

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

Surprise Grand Jury Tapes in 1997 Double Homicide Delay Trial

DC Superior Court Judge Todd Edelman paused a double homicide case after prosecutors revealed new evidence from the grand jury minutes before parties were slated to pick a jury on Nov. 17.

Oscar Diaz-Romero, 47, is charged with two counts of second-degree murder for his alleged involvement in the fatal shooting of Jose Noel Coreas-Carcaro, 22, and Jose Molina, 27, on the 2400 block of 18th Street, NW, on Aug. 9, 1997. 

In what was supposed to be the beginning of the trial, prosecutors informed the court that new issues had arisen regarding discovery, initially characterizing the matter as a Jencks issue, which requires the prosecution to provide the defense with statements made by witnesses after they’ve testified.

The prosecution explained that although they provided nearly all the discovery to the defense in January, they were unaware of any grand jury testimony. During their final stages of investigation, they learned that one eyewitness recalled testifying before a grand jury. After questioning additional witnesses, they discovered a second witness who also remembered testifying, yet neither the prosecution nor the defense team had previously known a grand jury had been summoned. They received this information only about 15 minutes before the hearing.

The judge expressed concern and noted he had never encountered a situation like this. He questioned the prosecution about when they first learned of a grand jury and why they had not reviewed its materials, especially since the prosecutors had control of the grand jury proceedings from the start.

The prosecution stated they became aware on Nov. 7. The judge further asked how the prosecution could be certain that the existing cassette tapes, recorded 30 years ago, contained the full grand jury record if no one had listened to them.

The defense, Destiny Fullwood-Singh and Julie Swaney, emphasized that they had never been told a grand jury transcript existed. After prosecutors notified them of the tapes, the defense uncovered a memo from a Metropolitan Police Department (MPD) officer referencing an arrest warrant and confirming a grand jury had been empaneled. 

At least two witnesses now recall testifying, supporting the argument that Jencks material exists, though no one knows whether additional witnesses testified.

The judge expressed uncertainty about how to proceed, noting the defendant had been extradited from El Salvador and had not committed a crime in more than 30 years. He ordered the prosecution to listen to and transcribe all grand jury tapes and identify the former prosecutor who handled the case in 1997 and locate his notes. 

The prosecution reported contacting the former prosecutor of the 1997 case, who attempted to locate records but found they had been destroyed. Court Report Services likewise had no transcripts, but an off-site facility in Philadelphia held a physical box from which the current prosecutors recovered two cassette tapes and one eyewitness statement dated Aug. 21, 1997.

To keep the case on track, the judge asked the prosecutors whether they could have an update by the afternoon or if they would need more time and reconvene on another day.

The defense requested an order requiring the prosecution to produce various Fairfax County source documents and raised concerns about a witness with violations or complaints, arguing that this constitutes Brady material, which is any evidence that could be exculpatory to the defense. The judge agreed with the defense and ordered disclosure.

After reconvening in the afternoon, the defense moved to dismiss the case. The court held the motion in abeyance and continued the matter until Thursday to allow the prosecution time to figure out how to proceed.

Parties slated to reconvene on Nov. 20

Judge Allows Homicide Defendant to Finish School Before Sentencing

DC Superior Court Judge Neal Kravitz delayed imposing a homicide defendant’s sentence in order to allow him to earn his high school diploma on Nov. 14.

On April 24, Caleb Padilla, 20, pleaded guilty to voluntary manslaughter for his involvement in the fatal shooting of 31-year-old Damion Hill. The incident occurred on Dec. 30, 2024 on the 1800 block of Benning Road NE.

Through the deal, parties agreed to a sentencing range of ten-to-12 years of imprisonment. 

At the hearing, the prosecution recommended a sentence of 12 years of imprisonment, as well as five years of supervised release. Padilla’s defense attorney, Molly Bunke, presented three separate sentencing plans to the court that would allow for Padilla to graduate high school and be sentenced under the Youth Rehabilitation Act (YRA) before being transferred to the federal prison system for the rest of his sentence.

The YRA allows a young defendant’s conviction to be sealed if they successfully complete all sentencing requirements. 

The prosecution opposed all three offers, and raised concerns that without an imposed sentence, Padilla could later revoke his plea of guilty. The prosecution also stated that the purpose of Padilla’s plea was to expedite “swift justice and a quick resolution”. 

Bunke argued that Padilla wished to resolve the issue at his first hearing, and is the reason he accepted his plea deal. The defense also noted that one of their sentencing plans allowed for Padilla to have a sentence imposed at the hearing, but would delay its execution until after earning his diploma.

Judge Kravitz believed that the defense’s suggested plan addressed legal issues highlighted by the prosecution, but asked Padilla if he would go on the record to further alleviate worries from the prosecution.

“I don’t want to withdraw my plea, I do want to graduate high school so my daughter can see I’m doing something with my life,” Padilla said. “ I plead guilty because I am guilty and I want to make my actions right and apologize to the family.”

Judge Kravitz accepted Padilla’s request, and said that he would not impose a sentence at the hearing. He also noted that Padilla’s ability to earn a high school diploma would demonstrate rehabilitation potential that would allow him to be sentenced under the YRA.

Instead, Judge Kravitz proposed that Padilla’s progress in school be monitored in court every 60 days until his graduation, or lack thereof, before his sentence would be imposed. 

Parties are slated to reconvene Jan. 16, 2026.