Judge Sentences Shooting Defendant Despite Father’s Plea For Leniency

DC Superior Court Judge Robert Salerno sentenced a shooting defendant to 32 months in jail after she accepted a plea on Feb. 20.

Octavia Howard, 34, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for her involvement in a shooting on the 700 block of Yuma Street, SE. One individual sustained injuries in the incident.

Howard accepted a deal on Dec. 19, 2024, pleading guilty to assault with a dangerous weapon while dismissing her other charge.

During the sentencing hearing, Howard’s father took the stand in his daughter’s defense. He discussed his own substance abuse problem, and how it affected Octavia Howard’s childhood. Howard’s father told Judge Salerno a judge had given him a second chance, and now he is 25 years sober.

Howard’s father stated “I know she wouldn’t have did that under normal circumstances,” bringing up Howard’s intoxication during the crime.

Howard’s attorney, Adam Harris, highlighted Howard’s involvement in the community and drug programs she completed while incarcerated.

However, Judge Salerno stated that Howard’s actions amount to “incredibly serious conduct.” Howard was sentenced to 60 months, with all but 32 months suspended and required to pay $100 to the Victims of Violent Crime Fund.

Howard will be on probation for two years once released, and will be required to register as a gun offender in DC and participate in a drug treatment program.

No further dates were set.

After Appeal, Prosecutors Dismiss Firearm Charge in Domestic Homicide

Prosecutors filed a motion to dismiss the remaining charge in a homicide case against a woman who claimed she acted in self-defense in a hearing on Feb. 21 before DC Superior Court Judge Danya Dayson.

Tamika Green, 37, was originally charged with second-degree murder while armed, possession of a firearm during a crime of violence and carrying a pistol without a license outside home or business for her alleged involvement in the death of 37-year-old Bryan Tate Jr. on Feb. 20, 2020 in an apartment on the 1600 block of 18th Street, SE.

Green’s attorney, Kevann Gardner, successfully argued during a three-week trial that Green, as well as other women, had been abused by Tate with whom she was in a domestic relationship, and that she shot him in self-defense.

On Aug, 24, 2024 Green was acquitted of murder and possession of a firearm during a crime of violence. However, Green was found guilty of carrying a pistol without a license and sentenced to 24 months.

Then on Jan. 31, the Court of Appeals reversed the conviction, and stated, “This matter is remanded for a new trial on the charge of carrying a pistol without a license.”

During the Feb. 21 hearing, the prosecution requested to dismiss the charge without prejudice meaning the case can be reopened at a future date.

Judge Dayson granted the request.

No further dates were set.

Missing Co-Defendant Delays Stabbing Trial

During a hearing on Feb. 21, DC Superior Court Judge Carmen McLean vacated the trial date in a stabbing case and released co-defendant Josue Yanez-Diaz after prosecutors confirmed his co-defendant Vidal Marlon remains missing.

Yanez-Diaz, 25, and Marlon, 38, are charged with assault with intent to commit robbery while armed, assault with a dangerous weapon, assault with significant bodily injury while armed, and simple assault for their alleged involvement in a stabbing that occurred on June 9, 2024, at 801 Rhode Island Ave, NE.

Prosecutors updated Judge McLean on efforts to locate Marlon, whose whereabouts have yet to be determined either via lawyers or the Pretrial Services Agency (PSA) since June of 2024. As a result a bench warrant was issued for Marlon.

Despite both parties stating they would be ready on the set trial date, the prosecution wants to try both defendants together and requested an additional good-cause continuance. Judge McLean gave the parties 60 days to try to locate Marlon.

Joseph Molina, Yanez-Diaz’s attorney, requested his case be dismissed, stating his client’s constitutional right to a speedy trial has been violated looking for Marlon. Instead, Judge McLean ordered Yanez-Diaz placed on limited release.

Judge McLean granted the prosecution’s request to install a GPS ankle monitoring device on the defendant, despite the defense counsel’s concerns about charging the tracking device given that Yanez-Diaz is homeless and will be staying in a shelter.

Judge McLean made note of the special circumstances in case of future non-compliance alerts.

Yanez-Diaz was instructed to attend an orientation with PSA on Feb. 24.

Marlon remains the subject of an active bench warrant.

Parties are slated to reconvene on April 23.

Non-Compliance Sparks Pre-Trial Warning for Shooting Defendant

DC Superior Court Judge Carmen McLean warned a shooting defendant to remain in compliance with stay away orders as part of her release conditions during a hearing on Feb. 21.

Ni’jhae Curry, 34, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, endangerment with a firearm, two counts of carrying a pistol without a license, and possession of a prohibited weapon, for her alleged involvement in a non-fatal shooting on Oct. 17, 2023, on the 900 block of Sycamore Drive, SE.

The court reviewed notices against the defendant, including a GPS close proximity alert from Curry’s ankle monitor, which pinged her in the general location of the shooting incident against whom she has a stay-away order, as well as contact between Curry and the victim via social media.

Defense attorney Jonathan Love clarified the stay-away order was issued for a location half a mile away from Curry’s father’s store–her destination when the alert was triggered. He also argued the victim posted an image of Curry on social media in an antagonistic manner, prompting the alleged contact.

Judge McLean reminded Curry of her release conditions, which include a stay-away order prohibiting physical and social media interaction with the victim. The judge also warned that any future non-compliance could be considered in a sentencing decision.

Parties are slated to reconvene March 11.

Jailed Witness Testifies, ‘I Never Agreed To None Of This,’ in Murder Trial

An incarcerated witness in a homicide trial refused to answer questions and faced the threat of being held in contempt of court before DC Superior Court Judge Jason Park on Feb. 24.

Darrell Moore, 47, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in the fatal shooting of Julius Hayes, 37, on April 3, 2021, at the 300 block of 18th Street, NE.

The jailed witness testified he knew Moore and Hayes, and allegedly was on the scene of the shooting. However, the witness initially refused to answer questions asked by the prosecution.

Calling the trial unfair, the witness said, “I never agreed to none of this.” After speaking with his attorney about the consequences of being held in contempt of court, the witness complied.

The prosecution talked the witness through an interview in April of 2021 with the lead detective on the case. The witness testified that he remembers the interview, but admitted to lying throughout much of it to protect his family. When asked about many of the events of April 3, 2021 in court, the witness stated he did not remember.

During the interview the witness allegedly said that Moore “was out there that day” and identified him from a photo array.

“I lied, man. I lied,” confessed the witness in testimony listening to a series of clips from the interview detailing the afternoon of the homicide.

The witness said he remembers so little from that day, revealing his drug addiction problem and saying he only does things ,“to get to his next hit.”

Due to time constraints, the defense will conduct their cross-examination of the witness on the next trial date.

The prosecution also called a forensic pathologist from the Office of the Chief Medical Examiner (OCME) who identified the five gunshot wounds that resulted in Hayes’ death highlighting the lethality of each shot. One bullet in particular entered and exited the right side of Hayes’ torso, injuring the liver and the main artery of the heart resulting in massive blood loss.

The witness ruled the cause of death of Hayes to be multiple gunshot wounds from a homicidal shooting.

Trial is scheduled to continue on Feb. 25.

Family Emergency Delays Stabbing Defendant’s Sentencing a Third Time

DC Superior Court Judge Jason Park continued the sentencing of a defendant in a stabbing incident on Feb. 21, following a family emergency.

On Nov. 8, 2024, Alexis Gray, 34, pleaded guilty to assault with a dangerous weapon for her involvement in a non-fatal stabbing of two victims on Sept. 5, 2024, at the 800 block of Chesapeake Street, SE. During this incident, Gray sustained injuries as well.

Defense attorney, Edward Gain, requested Gray’s sentencing to be continued to a later date, as they were notified that her family was in a car accident on the way to the courthouse.

The prosecution did not object but said they would object to further postponement if this happens again, as this is the defense’s second time asking to reschedule.

Parties are set to return for a sentencing hearing on March 6.

Shooting Defendant Waives Preliminary Hearing, Denied Release

A shooting defendant waived his right to a preliminary hearing and requested pre-trial release on Feb. 18, before DC Superior Court Judge Heide Herrmann.

Alexander Evans, 40, is charged with assault with a dangerous weapon his alleged involvement in two shootings – one on Dec. 9, 2024, on the 4400 block of Gault Place, NE, and another on Jan. 13 on the 2000 block of Benning Road, NE.

According to court documents, during the Dec. 9 incident, Evans allegedly fired a gun into the air twelve times after an argument with an individual, and during the Jan. 13 incident, Evans allegedly shot an individual on the hand.

During the hearing, Evans’ defense attorney, Sellano Simmons, alerted the court of his intent to waive his right to a preliminary hearing, and requested Evans be released pending further proceedings, stating that Evans earned his GED, was studying to be a nurse, and had been employed before his arrest.

Simmons requested that Evans be released to his mother’s home in Maryland.

However, prosecutors argued that Evans had previously been given opportunities for probation and doubted that he would follow release conditions.

Judge Herrmann voiced her concerns about Evans’ prior felony conviction and a firearm possession charge in Maryland, and denied the request for release. Meanwhile, Evans faces a possible indictment for the new charges.

Parties are scheduled to reconvene March 6.

Stabbing Defendant Requests Cases be Tried Together

A stabbing defendant requested that his charges from different cases be tried together before DC Superior Court Judge Heidi Herrmann on Feb. 19.

William Brock, 34, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred at the DC Jail on the 1900 Block of D Street SE on Jan. 22. One victim suffered lacerations and was transported to a nearby hospital.

In court, Atiq Ahmed, Brock’s attorney, stated Brock intended to waive his right to a preliminary hearing, and added they were not seeking release.

Ahmed requested that Goodman’s stabbing charge be heard at the same time as a pending bank robbery incident that occurred on Nov. 15, 2021. Judge Herrmann stated that could be possible and made sure to schedule a hearing for Goodman’s stabbing case before the trial in his robbery case.

Parties are slated to reconvene Feb. 24.

Carjacking, Stabbing Defendant Waives Right to Test DNA Evidence

A carjacking defendant waived the right to independently test DNA evidence before DC Superior Court Judge Michael Ryan on Feb. 20

Jerrell Smith, 32, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of carrying a dangerous weapon, and two counts of armed carjacking for his alleged involvement in a carjacking turned stabbing incident on June 7, 2023 at the intersection of South Capitol Street and Martin Luther King Jr. Avenue, SE. One individual sustained injuries.

During the hearing, the prosecution told Judge Ryan they collected evidence which they are not testing including a tank top, jersey, knife and buckle swab.

Hannah Claudio, Smith’s defense attorney, told the court he has decided to waive his rights to independent DNA testing and to go ahead and set trial dates.

Parties are slated to reconvene Aug. 27.

Judge Denies Homicide Defendant’s Release After Mistrial

A homicide defendant’s request for release was denied by DC Superior Court Judge Michael Ryan on Feb 20.

Terrance Stoney, 31, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in the fatal shooting of Donte Tiller, 43. The shooting occurred at the intersection of Naylor Road and Southern Avenue, SE, on March 17, 2023.

On Feb. 19, the jury, which had been deliberating for a week, alerted Judge Ryan they were unable to reach a unanimous verdict, and Judge Ryan granted a mistrial. A new trial date was set for Sept. 22, 2026.

During the hearing, Nikki Lotze, Stoney’s attorney, requested for Stoney to be released, citing that conditions have changed since the last bond hearing. She stated his family his family had been present in court everyday and they behaved respectfully suggesting that Stoney had a stable home life.

Judge Ryan denied the motion, citing trial testimony indicating Stoney’s dangerous behavior.

Parties are slated to reconvene Oct. 17.

Judge Denies Severance Motion in Deadly Mass Shooting Case

DC Superior Court Judge Jason Park denied a defense motion to sever one co-defendant from the other four in a fatal mass shooting case on Feb. 20.

Johnny Wilkins, 34, Marcel Gavin, 37, Kharee Jackson, 31, Earl Robinson, 32, and Darryl Little, 30, are charged with three counts of first-degree murder while armed, premeditated first-degree murder while armed, assault with intent to kill, assault with significant bodily injury while armed, three counts of robbery while armed, nine counts of possession of a firearm during a crime of violence, and conspiracy for their alleged involvement in the death of 21-year-old Albert Smith on June 14, 2020 on the 1300 block of Congress Street, SE. Three other individuals sustained injuries during the incident.

During the hearing, Wole Falodun, on behalf of Little, met with the prosecution and Judge Park to discuss the motion he filed to sever Little’s case from his other co-defendants. Falodun argued that the evidence filed in the indictment for Little was significantly less than the other defendants and because he was not physically involved in the assault, a severance was in Little’s best interest.

Judge Park denied the motion. He explained that a defendant is not entitled to severance just because the co-defendants’ evidence may be more substantial.

The judge noted that given the prosecution’s proffer or proof of evidence, Little allegedly was still an active participant in the assault through the conspiracy, even if he did not physically participate. Judge Park said that being a part of the getaway strategy provided clear evidence that the cases are connected.

Parties are slated to reconvene on March 21.

Judge Grants Defense Motion to Suppress Fight Video in Homicide Case

DC Superior Court Judge Michael Ryan granted a defense motion to suppress video evidence pertaining to a fight preceding a homicide on Feb. 20.

Daquan Gray, 22, is charged with first-degree murder while armed, possession of a firearm during a crime of violence and carrying a pistol without a license outside of his home or business for his alleged involvement in the murder of 15-year-old Jaylyn Wheeler, on the 600 block of Alabama Avenue, SE, on May 16, 2018.

In court, Dana Page and Olivia Gee, Gray’s attorneys, challenged the prosecution’s attempt to introduce video of a fistfight in a bathroom that occurred hours prior to the incident into evidence.

The prosecution claimed the fight allegedly involved Gray giving a friendly pat of approval to a witness leaving the bathroom having fought another witness. The prosecution tried to connect Gray and the witness against Wheeler and the other witness involved in the bathroom fight, stating that instigated the homicide.

The prosecution’s narrative is that two rival group were involved in the incidents.

Page stated that at best the prosecution proved these kids went to school together. They could not prove Gray was even in the bathroom and none of the prosecution’s own witnesses state that the two incidents have anything to do with each other.

Judge Ryan agreed with the defense, stating that the prosecution was “asking for leaps to be made” and implying that there was a level of avenging within the crime. He granted the motion to bar the use of footage of the fight as evidence. The prosecution raised concerns about the cooperation of young witnesses testifying without referring to the fight in question.

In addition, Page and Gee objected to four out of 13 autopsy pictures submitted by the prosecution, stating that they were too graphic, involving close up photos of dissection, organ manipulation, and nudity. She said it was “absolutely unacceptable” for the prosecution to consider them as evidence.

The prosecution stated they can redact the organs and nudity, however need to show enough of the pictures to demonstrate the relationship between gunshot wounds on the body. Judge Ryan asked the prosecution to make the changes.

Page also objected to a single body worn camera clip of an officer at the incident scene which had no audio. The prosecution argued there were multiple eyewitness testimonies present in that footage, and redacted audio to make the footage less distressing.

Parties are slated to reconvene Feb. 25.

Judge Says Shooting is ‘Not a Simple Case,’ in Sentencing Defendant to 3 Years

DC Superior Court Judge Erroll Arthur sentenced a defendant to three years of incarceration for his involvement in a non-fatal shooting incident, during a Feb. 20 hearing.

On Dec. 13, 2024, Deon Thaxton, 32, pleaded guilty to assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction for his involvement in a shooting incident on Sept. 2, 2024, at the 2100 Block of I Street, NE. No injuries were reported.

Thaxton will serve out his time in a psychiatric facility due to mental health issues. Before giving the official sentencing, Judge Arthur said that because of Thaxton’s long criminal record since being a juvenile, “this is not a simple case.”

Judge Arthur also acknowledged Thaxton’s ongoing mental health struggles and therefore did not want to see him “locked up in a cage” any more than he needed to be.

Thaxton was sentenced to 36 months of incarceration for the unlawful possession of a firearm with a prior conviction and 36 months for the assault with a dangerous weapon charge, which will be served concurrently, totaling three years of incarceration.

Thaxton is required to pay $200 total to the Victims of Violent Crime Fund and must register as a gun offender.

No further dates were set.

Lawyer Convicted For Fatal Fire and Building Violations

A jury in DC Superior Court Judge Todd Edelman’s courtroom convicted an individual charged in connection to a fatal fire at a violation-ridden rental property following a multi-week long trial, during a hearing on Feb. 20.

James Walker, 66, was convicted of two counts of second-degree murder for his involvement in a fire that caused the deaths of 40-year-old Fitsum Kebede and nine-year-old Yafet Solomen at the 700 block of Kennedy Street, NW, on Aug. 18, 2019.

Walker was also convicted of 26 building violations, which included failure to obtain a proper certificate of occupancy, eight counts of failure to install a smoke alarm, three counts of failure to provide emergency escape and rescue opening, five counts of unlawful means of egress, two counts of failure to provide ventilation, two counts of unlawful room width, two counts of unlawful room height, unlawful fire partition, failure to provide automatic sprinkler system, unlawful electrical system.

Throughout the trial, prosecutors provided evidence that the fire, for which a cause was never determined, could have been prevented had Walker gone through the Department of Licensing and Consumer Protection (DLCP) and Department of Consumer and Regulatory Affairs (DCRA) to acquire the correct certificate of occupancy.

Prosecutors argued that had he done so, DCRA would have not provided him with a certificate until he fixed the violations.

Walker testified he used to be a lawyer, and focused on the criminal justice for juveniles, childcare and neglect, and landlord-tenant court, but has not practiced law since this case began.

Once the conviction was announced, Judge Edelman ordered the US Marshals to take Walker, who had been on release since Jan. 15, 2020, into custody pending sentencing.

Parties are slated to reconvene May 2.

Opening Statements in Murder Trial Over Sexual Slur

Parties gave opening statements in an insult generated homicide trial before DC Superior Court Judge Jason Park on Feb. 19.

Darrell Moore, 47, is charged with first-degree murder while armed, possession of a firearm during the crime of violence and unlawful possession of a firearm for his alleged involvement in the fatal shooting of Julius Hayes, 37, on April 3, 2021, at the 300 block of 18th Street, NE.

In their opening statements, the prosecution argued that Moore shot Hayes after an argument over rumors that Hayes had spread, alleging that Moore was having sexual relations with men. They claim Moore, “angry, armed, and ready to prove a point,” shot Hayes six times from outside the driver-side door of a black Ford Fusion hybrid.

Brandon Burrell, Moore’s attorney, countered, questioning the evidence and claiming Moore’s phone records show he wasn’t near the crime scene. He also suggested that key witnesses for the prosecution were unreliable, including a convicted felon who might be seeking to curry favor with the prosecution, and who has given inconsistent testimonies.

The prosecution called on Hayes’ father, who gave an emotional testimony about his son’s life, including Moore’s relationship with his other son.

Prosecutors called on a neighbor and eyewitness, who testified to hearing the argument and gunshots, followed by her partner capturing video footage of the car, which shows the vehicle immediately after the shooting, and then later leaving the scene.

Two Metropolitan Police Department (MPD) officers also testified about their responses, including attempting to assist Hayes with medical attention and searching for a weapon, which could not be located.

The officer’s body-worn camera footage was also reviewed in court which corroborates the accuracy of their testimonies.

The prosecution called an additional two eyewitnesses, a neighbor, and her friend who was visiting at the time of the incident. The neighbor and her friend both testified to hearing multiple gunshots.

The friend testified that she ran outside to see if anyone had been injured, and located the victim lying on the ground between two cars. She attempted to administer first aid by applying pressure to his wounds before the police arrived and said she counted two to three bullet holes in his jacket but could not tell exactly where he was shot.

The visiting friend additionally testified that although she distinctly heard the gunshots, she did not see a gun or a shooter, nor the black Ford Fusion allegedly driven by Moore.

The neighbor testified that at the time of the incident, she had two security cameras installed on her front porch. The prosecution reviewed the footage in court, where the shots can clearly be heard, and where a car said to be the black Ford Fusion hybrid Moore allegedly drove is visible.

The prosecution further called another eyewitness and neighbor, who testified to hearing gunshots, and alleged seeing Moore pistol whip Hayes through the upstairs window of her home. She called 911 to report the incident, and the prosecution reviewed the 911 call in court.

In the call, the neighbor can be heard telling the dispatcher what she had witnessed and alleged that she saw Moore take off running north on 18th Street after Hayes had fallen to the ground.

The prosecution called another neighbor to the witness stand, who was not home at the time of the incident, but had a Nest doorbell camera that captured similar footage. The court reviewed this footage, which shows the vehicle allegedly driven by Moore but not the shooting itself.

The trial is slated to resume on Feb. 20.

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