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Shooting Defendant Maintains Innocence at Sentencing

A shooting defendant’s attorney told DC Superior Court Judge Rainey Brandt her client maintains his innocence and plans to appeal his conviction after he was sentenced to 24 years of imprisonment on Jan. 3. 

On Aug. 7, 2024, Deon Cannon, 30, was convicted of assault with intent to kill while armed, assault with intent to kill while armed of a minor, four counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, assault with a dangerous weapon of a minor, unlawful possession of a firearm by a convict, carrying a pistol without a license, possession of a large capacity ammunition feeding device, a misdemeanor charge of possession of an unregistered firearm, and a misdemeanor charge of unlawful possession of ammunition. 

The charges stemmed from his involvement in a shooting on Sept. 5, 2021 on the 2700 block of Terrace Road, SE, in which prosecutors claim he shot at an individual and his six-year-old son with intent to kill. No injuries were reported during the incident. 

During the hearing, the prosecution requested Judge Brandt sentence Cannon to 30 years of incarceration, arguing that, “it’s a miracle that no one was hurt in this case.” 

“This was a plan,” the prosecutor insisted, adding, “the plan could have caused indiscriminate harm.” According to the prosecution, Cannon and his accomplices waited for the victim and his son to leave a park before “ambushing” them with 25 shots. 

“The timing was not a coincidence – he’s hiding because he wants to ambush [the victim],” the prosecutor told Judge Brandt. 

The prosecutor stated the victim shot back at the assailants, which led to his arrest on charges of illegally possessing a firearm despite having a conviction with a sentence greater than a year. 

“It is truly a blessing no one was hurt,” the prosecutor stated, arguing that Cannon has had multiple opportunities to change. According to the prosecutor, Cannon had only been on release for 36 days after he was convicted and served a sentence in connection to another shooting incident, in which a person was injured. 

Quo Judkins, Cannon’s attorney, alerted Judge Brandt he plans to appeal his conviction, stating that Cannon continues to assert his innocence. However, Judkins asked Judge Brandt to impose a 15 year sentence, suspending all but 10 years, since he asked to get the help he needs while incarcerated. 

Judkins requested Judge Brandt consider the “lack of loss of life,” in the case, arguing she did not aim to diminish the allegations or convictions, but letters of support for Cannon showed he is an individual that’s “on a path to give back to the community.”

“This was an exercise in urban gun violence,” Judge Brandt stated, adding “had any of those bullets actually connected with human flesh – this could have been a higher death toll.” 

“Sprays of bullets flying through a neighborhood,” Judge Brandt said, “I can only imagine what would have happened if [the victim] didn’t have the gun,” stating she did not condone his illegal possession of a weapon, but “[the victim] breaking the law might have saved his and his son’s life.”

She imposed a sentence of 12 years for both assault with intent to kill charges, which will run consecutive to each other – totaling 24 years of incarceration. 

He was also sentenced to five years for each charge of possession of a firearm during a crime of violence, five years for both assault with a dangerous weapon charges, two years for unlawfully possessing a firearm with a prior conviction, two years for carrying a pistol without a license, one year for possessing a large capacity ammunition feeding device, and 180 days for each of the misdemeanor charges. These sentences will run concurrently to the 24 years. 

Cannon was also ordered to pay $1,200 to the Victims of Violent Crime Fund (VVCF), as well as register as a gun offender. 

No further dates were set. 

Stabbing Victim Urges Treatment for Attacker at Sentencing

“If I had died, my blood would be not only on his hands but on the hands of a mental healthcare system that had failed him,” a stabbing victim said about his assailant at a sentencing before DC Superior Court Judge Rainey Brandt on Dec. 20.

On Oct. 15, Cristian Martinez, 19, pleaded guilty to assault with intent to kill for the non-fatal stabbing of one individual on March 13 on the 1700 block of Lamont Street, NW. 

Judge Brandt sentenced Martinez to five years of incarceration but suspended two years of the sentence. She gave him 18 months of probation and a suspended sentence of three years of supervised release. Martinez is required to pay $100 to the Victims of Violent Crime fund.

Addressing the court virtually, Martinez’s victim described how he was attacked while out taking a walk. He said he needed extensive physical therapy in the months after the assault and was told by a doctor he would have died if the angle of the stabbing had been slightly different. 

“My immediate reaction was anger. I felt violated,” said the victim. 

After talking to Martinez and his parents, though, the victim felt much angrier at “the mental healthcare system in our country that is broken.” He learned Martinez had sought treatment but couldn’t afford the medication he needed.

“I know that to admit you need help and to seek it out are difficult things, and Cristian has done both,” said the victim. 

The victim said Martinez’s attack was inspired after hearing voices in his head that had been controlled by medication he has been given in DC Jail and St. Elizabeths Hospital. The victim expressed concern Martinez might not continue receiving adequate care if sentenced to the Federal Bureau of Prisons (BoP). 

“I worry about the person Cristian will become after three years in prison,” said the victim. If Martinez’s issues are not addressed, he continued, society may be safer while he’s incarcerated, but not when he gets out. 

The victim asked Judge Brandt to find an alternative to prison so Martinez can get the help he needs. He noted Martinez’s youth and said treatment is most likely to be successful if it occurs early on. 

“You have just blown my mind with your openness, your honesty, your kindness,” said Judge Brandt.

“Here you are, the victim of a stabbing, and you are allocuting for a better system, better treatment for your attacker. You have just given us all a masterclass in this courtroom for what grace is supposed to look like,” Judge Brandt said. “I think, if you were here in this courtroom, I would walk off the bench and just hug you.”

The prosecutor called Martinez’s attack “a gratuitous, wanton act of violence.” She said Martinez cut the victim’s jugular vein, displaying clear intent to kill, since the victim could have bled out and died before he was rescued.

The prosecutor asked Judge Brandt to sentence Martinez to five years in prison. She said Martinez has failed to comply with treatment in the past. If he were released on probation, he might stop treatment and attack someone else, perhaps fatally.

“He wants to get the help. He doesn’t want to be doing the things he has done,” argued Martinez’s attorney, Alvin Thomas, Jr. “He has not made any excuses. He has not talked about how he could get out of this.” 

Thomas asked Judge Brandt to sentence Martinez to the minimum time in prison and to request his placement at a facility where he has access to mental health care. 

“He is going to get out sometime. Without the treatment, without some structure, he might come out worse than he’s going in,” said Thomas.

“I just want [the victim] to know that I’m so sorry for attacking him, and I want you to know that my mental health has been better since I’ve been in jail. The only thing is I feel like I’m starting to get worse while I’m in jail,” Martinez told the court. “I feel like I’m in a spaceship. I don’t feel like I’m in jail. But the voices have stopped.” 

“A lot of kind things have been said about you. A lot of loving things have been written about you from your parents,” Judge Brandt told Martinez. “Knowing as you do that you suffer from mental health issues, you cannot let drugs enter into the equation. You did that to yourself.” 

Judge Brandt said she would recommend Martinez be placed at a federal medical center while in prison so he can receive mental health care. She ordered him to complete a General Education Diploma (GED) during his incarceration.

Judge Brandt ordered the Court Services and Offender Supervision Agency (CSOSA) to develop a treatment plan for Martinez and place him in a supervised mental health unit during his probation. She ordered him to abstain from all drugs, including marijuana. 

Judge Brandt sentenced Martinez under the Youth Rehabilitation Act (YRA), which will allow his conviction to be sealed if he successfully completes his sentence. 

“[The victim] moved me, and so I’m paying it forward,” Judge Brandt told Martinez. “Don’t squander it.”

No further hearings are scheduled in this case.

Is the D.C. Jury Pool Representative?

D.C. Witness discovered in the Tony Mcclam v. United States jury bias case, a convoluted statistical section that raises a core question: Is the Superior Court calling a racially representative sampling of the population to jury duty? 

The original case argues jury verdicts during COVID-19 should be overturned as unconstitutional because juries were racially unrepresentative of the DC population. Specifically, Black jurors were underrepresented relative to the racial makeup of DC.

The brief from the U.S. Attorneys Office (USAO) cites court data, stating of 86,426 new potential jurors sent jury summons, 35.9% are Black in a city that is currently 46.6% Black. According to both the court and the plaintiffs, the Black juror population should be around 44.5%  as noted in the government’s response to a defendant’s motion.

That lower number, 44.5%, means that there is a 8.6% disparity between the percentage of potential jurors who were Black and the number of Black jurors needed to be representative in the District.

D.C. Witness previously reported the Public Defenders Service of the District of Columbia (PDS) commissioned an analysis showing that Black jurors were underrepresented by 10.5 percent relative to the city’s population. 

The numbers are significant because, according to The Center for Juror Studies, most courts have adopted a system where anything over 10% shows de facto systemic discrimination. This questions if the existing DC jury system would qualify as systemically racially biased.  The reduction number from the USAO brings DC under that “systemic” line for discrimination, but the analysis from PDS puts DC over the line. 

When asked about that disparity, the court responded with its new plan for improving the jury selection process. 

Homicide Defendant Denied Youth Consideration in 12 Year Sentence

A homicide defendant accepted a plea deal extended by prosecutors before DC Superior Court Judge Michael O’Keefe on Oct. 10 and received a 12 year sentence on Dec 13. 

On Oct. 10, Trevon Devore, 24, pleaded guilty to voluntary manslaughter while armed for his involvement in the fatal shooting of 27-year-old Daqual Covington who was wounded eleven times on May 17, 2021, on the unit block of O Street, SW. 

Devore also pleaded guilty to carrying a pistol without a license for an unrelated 2020 incident. 

During the hearing, Covington’s aunt spoke to the court stating that not only was he “kind, dependable, and well thought of by his peers,” but “no parent should have to bury their child.”

Defense attorney Veronice Holt stated that “both Daqual and Trevon had guns, and the fact remains that they shouldn’t have.” She explained that although Devore was frightened, he should have never fired the gun.  

“We are living in a society where many young men, especially minority men, who feel that they are championed by the use of a gun without thinking about the freedom that they would be giving up in exchange,” Holt said.  

She requested that Devore be sentenced under the Youth Rehabilitation Act (YRA), which would seal the defendant’s conviction if he successfully completes all sentencing requirements. However court social services reported that Trevon was in a state of “pre-contemplation state of change.. In other words he still doesn’t get it, and he is still in the same condition he was in when he committed the crime… as it stands, anyone on that street could have been in the same predicament,” and declined the defense’s request for the YRA given the nature of the offense.  

Devore was sentenced to 144 months incarceration with five years of supervised release for the manslaughter, and for the count of carrying a pistol without a license he was sentenced to 24 months with three years supervised probation. He will receive credit for time already served and sentences are to run consecutive to each other while the release will run concurrent with each other. 

Murder Victim’s Family Angry With Plea, Wants ‘Devil’ Defendant Sentenced to Life

Despite the objections of the victim’s family, a second-degree murder defendant agreed to a plea deal that would send him to prison for 15 years in a Dec.19 hearing before DC Superior Court Judge Robert Okun.

Shannon Updike, 21, is charged with the fatal shooting of Chidzie Njoku, 23, on the 4000 block of Minnesota Avenue, NE on May 27.

According to an affidavit, Metropolitan Police Department (MPD) officers responded to a 911 call of a shooting and found Njoku’s body in the dirt outside of a large apartment building. 

Witnesses provided a description of the shooter based in part on photos taken of the incident, and officers tracked an individual identified as Updike into a nearby alley where he surrendered without resistance. 

During the investigation police recovered a gym bag containing one black and purple Delton 5.6mm rifle with one round in the chamber and twenty four more rounds in the weapon’s magazine.

The precipitating event, say police, was a dispute among family members.  Young children were present during the altercation.

Updike was upset because he believed his brother-in-law’s sister was being abused by her boyfriend, Njoku.  When Updike confronted Njuko with a gun he reportedly said, “Shoot me, mother f*****!”. 

Judge Okun reviewed the plea with Updike and his attorney Stephen LoGerfo who agreed to the terms and conditions including waiving his right to a trial.  

Speaking over a video link, Njoku’s uncle expressed his family’s anger over the agreement.  

The uncle who declined to identify himself out of fear of retaliation, said his nephew had never been in any trouble and he was simply dropping off his girlfriend who could have been in danger. 

“I was the last person he called,” said the uncle, his voice breaking. 

Bemoaning the fact that DC does not have a death penalty, he asked for harsher punishment for Updike. 

“Please for the sake of Chidzie’s life that was taken, we want this devil sentenced to life without parole,” 

While Judge Okun said he conditionally accepted the plea he had not yet made a final decision.

Sentencing is set for April 4, 2025

Court’s Security Systems Edge Closer to Failure

The District of Columbia Courts face a mounting security crisis as its two-decade-old surveillance and fire alarm systems edges closer to complete failure, according to court documents.

Tucked deep in the court’s 2023 budget justification is security information that can potentially impact all those entering the building, including visitors, attorneys, and defendants. 

According to the budget, the courts’ current fire and security alarm systems were installed in 2004 and by 2025 would have “aged beyond its useful life.”   

The court building’s security cameras and fire alarms are so old they could stop working any day and since the parts aren’t made anymore, they can’t be fixed when they fail. 

The problem stems from the fact that the superannuated systems haven’t been replaced. The budget states that the court’s video management system is its initial line of defense, enabling the management of real-time threats, providing incident responses, and documenting criminal activities in the court building.

According to the budget justification, in the event of a system malfunction, “neither tech support nor replacement parts are available, rendering the system inoperable.” They have been salvaging analog parts for repairs, but as of 2022, all tech support for the system ended. 

The courts must fund the replacement to avoid a system-wide failure. 

The court plans to replace its outdated security cameras with a modern digital system that uses internet technology. This will allow security staff to monitor the entire courthouse with clearer video quality and better storage capabilities. 

“In addition to security systems, the D.C. Court is mandated by both Federal and local regulations to provide fire protection systems that reduce the risk of loss of assets and enhance the safety of occupants and visitors. Many of the components of the Courts’ fire protection systems are at the end of useful life and many are failing. It is imperative that these systems be kept in working condition with quality parts and components.” the budget states. 

The court budget has been requesting $3.73 million for these repairs and upgrades for multiple years. It was first mentioned in 2021 after a Facilities Condition Assessment that identified the potential problems.

Murder Defendant’s Attorney Says He Acted in Self-Defense During ‘Home Invasion’

Parties delivered closing arguments during a hearing on Dec. 18, before a jury in DC Superior Court Judge Rainey Brandt’s courtroom. 

Amard Jefferson, 25, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, carrying a pistol without a license outside his home or business, and obstruction of justice. The charges stem from his alleged involvement in the fatal shooting of 20-year-old Kendall Brown on the 3000 block of Nelson Place, SE, on Aug. 7, 2021.

“On Aug. 7, 2021, Amard Jefferson shot and killed Kendall Brown, after he involved himself in a disagreement between former roommates,” the prosecutor told the jury. 

According to the prosecution, the shooting stemmed from a disagreement between Jefferson’s then-girlfriend and three women, including Brown, who allegedly confronted Jefferson’s girlfriend at her home about her former roommate’s belongings. 

“It’s at that point that the defendant takes it to a whole new level,” the prosecutor insisted, arguing that the group of women were just attempting to grab their belongings when Jefferson reached for a gun. According to the prosecutor, one of the women questioned Jefferson about what he was attempting to do.

The prosecutor told the jury that following the shooting, the two women who had arrived with Brown left the apartment, thinking Brown was following them. However, they quickly realized she had been shot and was stuck inside the apartment, and the door was locked after they left. 

The prosecution added that there is no evidence to prove that there was a struggle over the gun between Jefferson and Brown. 

“It took seven minutes for [the Metropolitan Police Department (MPD)] to break down the door, as the defendant left through the back door with his girlfriend and her son, cut through the neighborhood, and disposed of the gun in a drain pipe,” the prosecutor said. 

“You know that this is the gun that killed Kendall Brown, and the defendant is the one to pull the trigger” the prosecutor stated as she displayed the firearm recovered from the drain pipe. According to a DNA expert, Jefferson’s DNA was highly likely to be on the firearm.

“You don’t shoot someone unless you intend to kill them or seriously injure them,” the prosecutor insisted, adding Jefferson acted in conscious disregard for Brown’s life. “He left her inside to die alone.”

“There is no way that when the defendant shot the gun he was acting in self-defense, defense of a third party, or defense of property,” the prosecutor insisted, adding “mere words, no matter how offensive, are never adequate provocation.”

The prosecution also argued Jefferson attempted to get his then-girlfriend to take the fall for him, providing text messages and jail calls in which he gave her instructions on what to tell MPD in order for her to get arrested and he be released. 

Messages included “you need to go tell them people I didn’t do that s**t,” and “self-defense, that’s all I want you to say.” 

“He knew then what you know now – that he murdered Kendall Brown,” the prosecutor claimed. 

“Hold him accountable. Find him guilty,” she pleaded with the jury. 

“Could this have been an unintentional discharge of the weapon?” Jason Clark, Jefferson’s attorney, asked the jury. 

He reminded the jury their job is to determine whether the prosecution’s evidence ruled out all reasonable doubt, and stated that “a lack of evidence is a reason to doubt.” 

“Mr. Jefferson was at home minding his business,” Clark argued, stating that Brown and her companions were “invaders” in Jefferson’s home, and it was a “very heated and intense situation.”

“If [the women] went with good intentions they wouldn’t have had to agree to not do anything in front of her kids,” Clark insisted, showing the jury an interview clip in which one of Brown’s friends told MPD that they had agreed not to beat Jefferson’s girlfriend up if her kid was in the room. 

“If they saw a gun, why did they not leave? – that’s all they had to do,” Clark said, adding it is not unreasonable to arm yourself when someone forces themselves into your home. 

“They want you to think that Amard is a bad person,” Clark argued, stating “there was a home invasion, overpowered at the door, they fled the apartment,” regarding Jefferson and his girlfriend fleeing the scene and going to Maryland. 

“Every person’s got a right to defend their home, you have to find him not guilty,” Clark ended. 

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

‘It’s a Hoax,’ Says Shooting Defendant During Court Outburst

A shooting defendant was removed from the courtroom after multiple disruptive and obscene outbursts before DC Superior Court Judge Rainey Brandt on Dec. 13.

Joseph Evans, 57, is charged with kidnapping while armed, first-degree sexual abuse while armed and assault with a dangerous weapon for his alleged involvement in a kidnapping and sexual assault on Sept. 23, 2012 on the unit block of K Street, NE. 

According to court documents, a gun was discharged during the incident. 

“I was fabricated into this case, it’s a hoax,” said Evans. In addition to his intrusive remarks Evans made sexually explicit gestures during the proceeding.

The defendant is being held at Saint Elizabeths Hospital for mental patients in anticipation of his trial in February. 

During the hearing, Evans repeatedly stated that he hadn’t committed a crime, and that he was “unlawfully detained and taken advantage of.”

Evans stated he wanted his own witnesses, regardless of what the defense scheduled. Evans’ defense attorney, Andrew Ain, warned him about on the record conversations that could be held against him.

As the outbursts continued, Judge Brandt warned Evans about his language and to let his lawyers do their job. 

Judge Brandt then informed the court that another judge will be sitting for the trial.

The defense requested Evans be referred to the Department of Behavioral Health (DBH) given his mental state during trial. The judge agreed, to “keep this [trial] from falling off the rails.” The prosecution reminded the court that Evans was previously found competent to stand trial.

Judge Brandt stated that she would request another mental competency evaluation if it was determined Evans was not on his medication. The prosecution said his outbursts aren’t a basis for a mistrial because he would be “creating a mistrial for himself.”

Ultimately, Evans was removed from the courtroom by US Marshals  

Judge Brandt stated that “Today something was off, I can’t put my finger on it,” maintaining that she will consider another competency hearing when she hears back from DBH.

Parties are set to reconvene on Feb. 18.

Homicide Co-Defendants Consider Plea Deal 

Two homicide defendants told DC Superior Court Judge Robert Okun they are considering a plea deal extended by prosecutors during a Dec. 16 hearing. 

Ashton Inabinet, 17, and Na’eem Butler, 21, are charged with second degree murder while armed and possession of a firearm during a crime of violence for their alleged involvement in the fatal shooting of 24-year-old Diamonte Lewis on Oct. 21, 2023 on the 900 block of U Street, NW. 

During the hearing, Kevann Gardner, Butler’s attorney, requested Judge Okun give the defendants additional time to decide on the plea deal, stating Butler deserves a chance to speak with his new attorney, as Gardner prepares to leave the Public Defender Services (PDS). 

According to the prosecution, the wired plea deal, which requires both defendants to accept it in order to be valid, would require Inabinet and Butler to plead guilty to voluntary manslaughter while armed, in exchange for a dismissal of all other charges. 

Through the deal, parties would agree to the voluntary sentencing guidelines, which puts both defendants at a range of 90-to-180 months of incarceration. 

The prosecution agreed to allow the defendants to continue considering the plea deal, stating Butler and Inabinet should not be penalized due to Gardner’s departure. 

Parties are slated to reconvene Jan. 31. 

Homicide Defendant Pleads Guilty

A homicide defendant pleaded guilty before DC Superior Court Judge Michael O’Keefe on Dec. 17.

Antonio Johnson, 32, was originally charged with second-degree murder while armed for his involvement in the fatal shooting of 21-year-old Marcellus Jackson on June 20 on the 4400 block of Hunt Place, NE. 

According to court documents, the shooting stemmed from a verbal dispute between Jackson and Johnson. Johnson’s child’s mother told the Metropolitan Police Department (MPD) that, following the shooting, Johnson ran into her apartment and took her car keys to flee the scene. 

During the hearing, Kevin Mosley, Johnson’s attorney, alerted Judge O’Keefe he planned to accept the plea deal extended by prosecutors, which required him to plead guilty to voluntary manslaughter while armed in exchange for the prosecution not seeking an indictment. 

Parties are slated to reconvene March 18 for sentencing. 

Judge Finds Wheelchair-Bound Suspect Probably Murdered Former Lover 

While the defense tried to portray 23-year-old Desmond Barr as a victim during a five-day preliminary hearing from Dec. 13 to Dec. 18, DC Superior Court Judge Michael O’Keefe ruled he probably murdered his one-time girlfriend.  

Barr, paralyzed and confined to a wheelchair, is charged with second-degree murder while armed in connection to the death of Ambria Farmer, 20, on July 13. Her body was found in Fort DuPont Park, located near the 3600 block of F Street, SE, suffering from multiple gunshot wounds.

On Dec. 18, Judge O’Keefe ruled to keep Barr confined at the Central Treatment Facility (CTF) of the DC Jail despite requests from his defense attorney Domonique Winters to release him on home confinement. 

Winters said that, although Barr has had several violations, his history shows no violations while under home confinement. She said home confinement would be the least restrictive option the court could use, adding the defense could go to court for quarterly, monthly or weekly check-ins. 

However, Judge O’Keefe said he was not convinced Barr would not be a danger to society if released, citing a misdemeanor case in which Barr assaulted another romantic partner, not related to the murder case, while he was in his home.  

“I do think Mr. Barr is dangerous, there’s no doubt about it,” Judge O’Keefe said. “He has a violent past and the pattern of violence continues. I don’t trust him in the community,”

During the hearing on Dec. 13, video surveillance footage allegedly showed Farmer getting into a white 2019 Kia Stinger, identified as Barr’s vehicle, as well as a trail of Instagram messages detailing how the meeting, an hour before the murder, was arranged. 

Among the prosecution witnesses, one individual, “heard a woman crying for help before the sound of gunshots.”  

An analyst from the DC Medical Examiner’s Office testified that a bullet was lodged between the front of a car– said to be the suspect’s vehicle– and the passenger’s side which corresponds to someone in the driver’s seat shooting into the passenger seat.

Farmer was found shot three times in the face, chest and back. 

According to the prosecution, Barr identified himself on the scene as the man who owns the suspected vehicle  Further, he allegedly attempted to hide the evidence by disposing of the victim’s shoes, handbag and phone.  The murder weapon has not been found.

Barr’s other attorney, Hannah Claudio, argued that Barr was more the victim than the offender. Claudio said Farmer’s behavior was “erratic and getting worse” and Barr was trying his best to stay away. Still, Winters said she would “sit and wait at his home and workplace” and eventually threw a brick through his windshield and slashed his tires.

Although Barr got a temporary restraining order, it didn’t stop Farmer from pretending to be a witness in an effort to meet up with him, said Winters. 

The defense also pointed out discrepancies in some of the physical evidence, including a witness misidentifying the suspected vehicle as a two-door instead of a four-door model.  Further, Claudio said the video surveillance was blurry. 

Prosecutors attempted to leverage Barr’s prior criminal history against him, pointing out he was sentenced to ten years for strangling another romantic partner among other charges, and that he committed this crime while on release.

The defense asked the judge to differentiate between crimes Barr committed before being paralyzed and the charges of which he’s currently accused. 

“His condition should give the court comfort that he wouldn’t be able to do the things a more able person might be able to do,” said Claudio.

In his probable cause ruling Judge O’Keefe said that Barr was being “deceptive” when he claimed not to have seen Farmer.  Further, if he felt he were being threatened, “Even though she jumped in his car, he didn’t drive to a police station.” 

Further, his distinctive model Kia was identified by a witness who is also a car dealer.  The evidence predisposed Judge O’Keefe to conclude that Barr drove Farmer to the murder scene, shot her, dumped her body and tried to dispose of the evidence. 

Barr is scheduled for a status hearing on Jan. 31, 2025. 

In Spite of Claiming to Defend His Wife, Probable Cause Found for Homicide Defendant

DC Superior Court Judge Robert Okun ruled that the prosecution had sufficient evidence to prove that a defendant was the shooter in a homicide during a Dec. 16 hearing. 

Maurice Jackson, 62, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 24-year-old Olivia Graves on Nov. 7, on the 700 block of Atlantic Street, SE. 

The lead detective from the Metropolitan Police Department’s (MPD) homicide branch testified that six eyewitnesses stated the shooting stemmed from an altercation between Jackson’s wife and her grandson, who was accompanied by Graves. 

According to the detective, Jackson’s wife confronted her grandson after he allegedly stole her money. During the altercation, which the detective claims got physical, Graves allegedly intervened and asked Jackson’s wife to stop the fight as her young nephew was watching.

The detective testified that multiple witnesses told MPD that Graves brandished pepper spray and threatened Jackson’s wife she would use it if she didn’t stand down. 

Following the verbal dispute between Graves and Jackson’s wife, who at some point retrieved a baton from her vehicle, Jackson is alleged to have appeared with a gun and stated “I’ll kill all of y’all if you don’t leave my wife alone.” 

According to the detective, witnesses stated Jackson shot Graves soon after then fled.

The gun has not been recovered the detective told Judge Okun. Terrence Austin, Jackson’s attorney, emphasized that, aside from the pepper spray, MPD recovered a knife from Graves’ purse, which witnesses claimed was inside of her purse in a vehicle during the dispute. 

According to court documents, which the detective adopted as part of his testimony, as MPD was talking to Jackson’s wife at the scene, Maurice Jackson returned and told officers he was the shooter. He was arrested at the scene. 

Austin argued Jackson acted to defend his wife, and Judge Okun should not find probable cause. 

However, the Judge ruled that there’s sufficient evidence to prove Jackson’s involvement, and stated the deadly force was not necessary. He ordered Jackson remain detained as he awaits further proceedings. 

Parties are slated to reconvene Feb. 21, 2025. 

Murder Trial Witness Admits Lies, Hallucinations, False Memories

During cross examination, a defense attorney for a murder defendant extracted confessions of lying to police from a key witness in a murder trial. The witness also told Clark she suffers from hallucinations and false memories during cross-examination before DC Superior Court Judge Rainey Brandt on Dec. 16.

Amard Jefferson, , 25, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, carrying a pistol without a license outside his home or business, and obstruction of justice. The charges stem from his alleged involvement in the fatal shooting of 20-year-old Kendall Brown on the 3000 block of Nelson Place, SE, on Aug. 7, 2021.

The prosecutor called a friend of Brown’s who was present at Jefferson’s girlfriend’s apartment when Jefferson allegedly shot the victim. The witness testified that she and Brown had gone to the apartment, unarmed, to try to recover some bottles of liquor that a mutual friend had left there.

“Did you plan to beat up [Jefferson’s girlfriend]? Did you plan to hurt her children? Did you plan to hurt her boyfriend?” the prosecutor asked. The witness answered no to all three questions.

The witness said Jefferson’s girlfriend initially didn’t want to allow them into the apartment, but she eventually stepped back from the door and allowed them to enter. The witness made a video of the encounter with her phone, but she stopped before the shooting occurred. 

“We’re females. We’re females,” the witness could be heard saying in the video. She told the prosecutor she said this because she saw the shape of a gun in Jefferson’s pocket and noticed him reaching for it.

The witness said Brown and Jefferson were shouting at each other, but she didn’t observe Brown touching Jefferson or displaying any weapon. The witness testified to seeing a flash of light and then hearing Brown say, “I think he shot you. I think he shot me.” 

According to the witness, she and Brown both ran for the exit, but when the witness got outside, she noticed Brown wasn’t there. She tried to get back into the apartment, but it was locked, so she called 911 and told police she thought Brown was trapped in there, wounded. 

According to court documents, officers forced the door open and found Brown suffering from a single gunshot to the torso. She was transported to a local hospital, where she was pronounced deceased.

While cross-examining the witness, Jason Clark, the defense attorney for Jefferson, replayed the portion of her video in which she and Brown were attempting to enter Jefferson’s girlfriend’s apartment. Clark pointed out that the witness and Brown prevented Jefferson’s girlfriend from closing the door by placing their feet in the way. 

“You knew at that point that [Jefferson’s girlfriend] wanted to close the door,” Clark said. “But you didn’t leave then.” The witness agreed. 

On the video, voices could be heard, including Jefferson’s girlfriend saying, “Come help me close the door. What the f***.” 

“Who said, ‘Call backup?'” Clark asked.

“That was me,” said the witness.

“So, rather than leave, you were going to call more people over?” Clark asked.

Clark played video footage from the witness’ interview with a Metropolitan Police Department (MPD) detective at the police station after the incident. The detective asked the witness what Jefferson and Brown were arguing about before Jefferson allegedly shot Brown.

“I really don’t remember. I have a lot of disorders and stuff, and I black out, so I don’t remember anything,” the witness said in the video.

In court, the witness said she didn’t black out until after the shooting, when she was running out of the apartment in panic. 

“So you admit you lied to [the detective]?” Clark asked. 

“No, I didn’t lie. I was just in a state of shock, but now, looking back, things are coming to light,” the witness said. 

“So, many years later, your memory is better?” Clark asked. 

“When you’re in a state of shock, it’s called dissociative amnesia, so when something happens, you can’t remember it right then,” the witness said. 

“So you suffer from amnesia?” Clark asked.

“No, but when something traumatic happens, I can’t remember it right away,” the witness said. 

She also said she has experienced hallucinations, such as thinking she saw blood when she was running out of the apartment after the gunshot. Since the incident, she has sometimes taken a drink and thought she was drinking blood. 

“So sometimes your memory is false?” Clark asked, and the witness agreed.

Clark played a recording of the witness’ 911 call, in which the witness told the dispatcher she had heard a gunshot in her housing complex. He pointed out that it was not her housing complex, since she didn’t live there, and the witness agreed.

Clark also played body-worn camera footage of the witness telling the police officers who arrived on the scene that she wasn’t the one who called 911. The witness admitted that she lied three times to police about making the 911 call.

“I just wanted them to come and help [Brown],” the witness said.

Clark brought up a statement the witness made during direct examination, when she told the prosecutor that the long faux locs she wore on the day of the incident showed she didn’t plan to fight Jefferson’s girlfriend.

“If you had intended to go there to fight her, you wouldn’t have worn long hair?” Clark asked.

“I don’t think anybody goes into a fight with long hair,” the witness said.

 “Have you ever been in a fight with long hair?” Clark asked. 

“I don’t recall,” said the witness. 

“You were recently featured in a local tv program,” Clark said. The prosecutor objected, and Judge Brandt didn’t allow Clark to continue. 

After the witness and the jury had left the courtroom, Clark showed Judge Brandt and the prosecutor the program he had been referencing. The witness appeared on an online subscription entertainment channel, fighting another woman. Both of them had long hair.

The trial is scheduled to resume on Dec. 17.

Sentencing Delayed in Homicide Case 

DC Superior Court Judge Michael O’Keefe indefinitely delayed a homicide defendant’s sentencing pending the appointment of a new attorney on Dec. 17. 

On Oct. 11, Chanos Monroe, 43, pleaded guilty to voluntary manslaughter while armed for his involvement in the fatal shooting of 52-year-old Keith Sistare on July 27, 2022 on the 4400 block of Benning Road, NE. 

Shawn Sukumar, Monroe’s attorney, filed a motion on Dec. 16 to withdraw as defense counsel, stating it was Monroe’s request to get a new attorney. Due to the request, Sukumar asked Judge O’Keefe to grant his withdrawal, and appoint a new attorney. 

During the hearing, Judge O’Keefe granted Sukumar’s request, questioning if that meant Monroe is reconsidering his decision to plead guilty. 

Although Sukumar was unable to answer, he stated Monroe wanted a chance to speak with a new attorney and figure out how to move forward with the case. 

Parties are slated to reconvene on Jan. 24. 

Judge Denies Defendant’s Motion for Release

A DC Superior Court judge denied Dec. 17 a defendant’s request for release even though the crime was his first infraction.

Christ Tchakounte, 19, is charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, aggravated assault while armed, and carrying a pistol without a license. These charges relate to a non-fatal shooting that occurred on Jan. 19 at the intersection of A Street and 16th Street, SE. A 15-year-old teenager sustained injuries during the incident. 

According to the Metropolitan Police Department (MPD) documents, two suspects approached a victim at the scene, and one suspect shot the victim before both searched the victim’s pockets and fled.

During the bail hearing, Judge Anthony Epstein said that over the course of 11 months, the time Tchakounte has been in jail, there has not been enough change in the case to ensure any conditions of release would be safe for the community.

Judge Epstein said facts of the case are still very serious, including a 15-year-old being shot during a robbery attempt, the defendant being identified as the shooter and the prosecution’s assertion that there is stronger evidence in the case since the probable cause finding during the defendant’s preliminary hearing in May.

According to Tchakounte’s defense attorney, Rachel Circurel, Tchakounte is taking advantage of several programs offered at the Central Treatment Facility (CTF) of the DC Jail. She presented eight letters from staff at the CTF that spoke about the who Tchakounte was be coming and the effort he put in the programs.

She said the defendant was able to form a supportive network of individuals who have programs in the community who could support Tchakounte with job training and in other ways. The defendant also has support from his family who were present in the courtroom.

Without release, Judge Epstein moved to set additional dates in the case, including deadlines for expert notices and other materials. Additional hearing dates were also set, including:

  • A hearing to discuss independent DNA testing was set for July 25, 2025,
  • Trial Readiness Hearing was set for Nov. 21, 2025, and
  • A trial date was set for Dec. 1, 2025.

Judge Epstein also let parties know DC Superior Court Judge Todd E. Edelman would take over the calendar in the new year.