Defense Claims Prosecution’s Handling of Homicide DNA is ‘So Unfair’

The defense representing two fatal shooting co-defendants told DC Superior Court Judge Jason Park they are concerned that the prosecution’s handling of DNA evidence will cause delays, during a hearing on April 7.

Jerome Dukes, 34, and Justin Borum, 35, are 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 crime of violence for their alleged involvement in the fatal shooting of 21-year-old Jayvon Jones on Feb. 21, 2023. The incident occurred on the 1400 block of Saratoga Avenue, NE.

Dukes’ attorney, Brandi Harden, expressed frustration with the prosecution’s time management. She noted that the prosecution just sent evidence for DNA testing last week – a process expected to conclude by June at the earliest, according to Harden. She argued this would not give defense enough time to review and test the evidence independently before the trial, which is scheduled to begin Oct. 14.

Harden called the delay “so unfair,” citing that the prosecution has had the material since September of 2023 and have “just sat on the evidence.” She filed a motion to prevent introduction of the tested evidence as untimely.

Borum’s attorney, Stephen LoGerfo, echoed the frustration, noting that Borum is eager to keep the current trial date.

For their part, prosecutors said they believed the material was previously submitted but with no additional information.

Harden also raised concern about the sole eyewitness’ “inconsistent testimony.” She insisted that his initial phrasing was different than his grand jury testimony.

The prosecutor agreed to share the witness’ name with the defense so they could follow up as necessary. However, for the witness’ safety concerns of the witness, identifying information will not be shared

Parties are slated to reconvene on the pending matters May 13.

Defendant Pleads Guilty to Two Charges in Fatal Shooting

A homicide defendant accepted a plea deal extended by the prosecution before DC Superior Court Judge Jason Park on April 7.

Dawayne Smith, 22, was initially charged with first-degree murder while armed for his involvement in the murder of 44-year-old Antonio Riley on Oct, 23, 2024 on the 2300 block of Pennsylvania Avenue, SE. The shooting left another victim with spinal injuries that paralyzed his legs.

Smith’s attorney, Madalyn Harvey, told the Court that Smith would be entering an agreement with the prosecution, which required him to plead guilty to second-degree murder while armed and aggravated assault.

In exchange, the prosecution dismissed the first-degree murder while armed charge and will not seek an indictment on additional charges.

Parties are slated to reconvene on June 13.

Defense Counsel Withdraws From Homicide Case, Prosecutor Objects

DC Superior Court Judge Michael Ryan granted a defense attorney’s motion to withdraw from a homicide case on April 4.

Sherman Holley, 47, is charged with first-degree premeditated murder while armed, carrying a pistol without a license outside a home/business, arson, destruction of property worth $1,000 or more, resisting arrest, and assault on a police officer. All are offenses allegedly committed during release. The charges stem from his involvement in the fatal stabbing of 53-year-old James Brooks on Jan. 15, 2023, on the 200 block of 37th Street, SE.

During the hearing, Megan Allburn asked Judge Ryan if should could quit as Holley’s attorney. After speaking privately with Holley, Allburn, and Holley’s other defense attorney, Morgan Leigh, Judge Ryan granted this request.

The prosecution opposed the motion, but Judge Ryan said their arguments didn’t address what the defense told him in confidence.

According to court documents, Holley has requested different representation multiple times. Judge Ryan told Holley this is the last new attorney he will receive.

Parties are set to reconvene on April 11.

Homicide Defendant Deemed Incompetent For Trial, Attorney Claims She’s ‘Spiraling’

The attorney for a homicide defendant told DC Superior Court Judge Jason Park on April 7 that he is worried his client is “spiraling” and not receiving proper treatment.

Jafekka Harris, 33, is charged with second-degree murder for her alleged involvement in the fatal beating of 79-year-old Bettie Duke on the 3100 block of Martin Luther King Jr. Avenue, SE on Oct. 5, 2024.

According to Judge Park, the parties received a report from the Department of Behavioral Health (DBH), stating a doctor found Harris mentally incompetent to stand trial and requested further testing to be done.

Harris’ attorney, Kevin Mosley, expressed concerns that Harris has not been receiving the proper treatment from St. Elizabeths Hospital and she appears to be “spiraling” mentally based on Mosley’s recent conversations with her.

Parties are slated to reconvene on April 29.

Judge Denies Stabbing Defendant’s New Trial Request As ‘Manipulation’

DC Superior Court Judge Judith Pipe denied a stabbing defendant’s motion for a new trial on March 25, as an attempt to manipulate the system.

On Sept. 17, 2024, Tanade Warsame, 33, was convicted by a jury of assault with significant bodily injury while armed for his alleged involvement in a stabbing on May 4, 2024 on the 600 block of I street, NW.

On Jan. 28, Warsame, through his new attorney Andrew Ain, motioned for another trial in that he didn’t have adequate representation for the initial proceeding.

Ain and Warsame claimed Warsame’s prior attorney, Brandon Burrell, failed to explain a plea offer extended by prosecutors, didn’t prepare him to testify, nor object when required at trial.

During the hearing, the prosecution played a two-minute segment of a jail call video between Warsame and a pre-sentence report writer as evidence of Warsame’s continued “manipulation’ of the criminal justice system. Warsame expressed his frustration, stating he always participated in trial and believed that Burell was working against him. According to Warsame, he requested Burrell file a motion to dismiss his case or be released, but he failed to do so.

In effect, the prosecution suggested these complaints arose at the eleventh hour before sentencing as a way to disrupt the process.

Ain claimed that the call was not in the context of getting legal advice which the report writer was not competent to provide. However, Ain said that Warsame’s remarks highlight his concerns about the quality and availability of legal guidance he received and his request for a new attorney.

Ain explained that Warsame is unfiltered, makes bad decisions at times, and may have psychological problems irrespective of his new trial request.

The prosecution contended that Warsame was always aware of the plea offer as he constantly rejected it over jail calls.

“He is absolutely manipulating the system here today,” the prosecution insisted.

They say Warsame knows how the criminal justice system’s operations, but acts as though he’s unaware of past convictions.

Warsame’s outburst in a previous hearing, say prosecutors, was a response to his failed tactics, including asking for a new lawyer and rejecting a plea.

“He was never going to take it,” the prosecutor told Judge Pipe.

Judge Pipe agreed with prosecutors that Warsame’s actions were an intentional attempt to manipulate the system and denied his new trial motion.

Parties are slated to reconvene June 6.

Judge Orders Homicide Defendant Transferred From St. Elizabeths to Jail

DC Superior Court Judge Michael Ryan ordered a homicide defendant be transferred from mental treatment at St. Elizabeths Hospital to the DC Jail on April 4.

John Woods, 67, is charged with first-degree premeditated murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 60-year-old Geno Freeman on the 6000 Block of Chillum Place, NE on Feb. 19.

Judge Ryan said that the Department of Behavioral Health (DBH) filed a motion arguing that there’s no reason for Woods to continue at Saint Elizabeths Hospital, as in-patient hospitalization is no longer appropriate due to their finding that Woods is competent.

Woods’ defense attorney, Kevin Mosley, argued that Woods’ competency would deteriorate if returned to jail. He said Woods experienced an acute psychiatric event when he was sent to the jail and was in that state for some time after being hospitalized. Mosley added that Woods is able to participate in group counseling programs at the hospital and the environment is overall more appropriate.

Judge Ryan acknowledged that it would be more convenient and less stressful for Woods to stay at the hospital. However, he said he does not have the authority to do so given that Woods has been declared competent.

Mosley requested to delay the decision for time to create a plan for Woods return to jail. He said that he has grave concerns about Woods’ mental fragility and would like the case to stay on track for trial.

Judge Ryan, again, denied this request and added that the relevant legislative statute does not give him the authority to keep Woods at the hospital.

Lastly, Mosley requested that Judge Ryan make a recommendation for hold at the Central Treatment Facility (CTF), instead of the high security Central Detention Facility (CDF), due to Woods’ mobility and medical concerns. Judge Ryan granted this request.

Parties are expected to return on May 30.

Judge Takes Carjacking Defendant’s Special Needs Into Consideration at Sentencing

DC Superior Court Judge Jason Park sentenced a carjacking defendant to 84 months, with 12 months suspended, during an April 1 hearing.

On Dec. 17, 2024, Jacorri Stroman, 19, and Austin Marion, 18, pleaded guilty to carjacking for their involvement in an incident on July 1, 2024 on the 1100 block of Independence Avenue, SE. According to court documents, two cars were stolen.

Marion’s sentencing date was postponed to April 11 due to Russel Hairston’s, Marion’s attorney, schedule.

During the hearing, prosecutors displayed surveillance footage that depicted Stroman approaching the victim, who was on a scooter, with a BB gun, causing the victim to crash into a tree. Stroman proceeded to drive off with the victim’s scooter.

At the time Stroman was on probation for an assault case. Thus, the prosecution requested that Stroman be sentenced to the mandatory minimum of 84 months.

Stroman’s defense attorney, Janai Reed, asked for sentencing under the Youth Rehabilitation Act (YRA), which allows a defendant’s conviction to be sealed if all the requirements are successfully completed. Reed argued that the seven-year mandatory minimum sentence would not be fair since the defendant meets the YRA’s conditions, is seeking better education, has accessed treatment programs and is looking forward to a crime free life.

As a mitigating circumstance, Reed mentioned that DC schools were closed during COVID and that Stroman hasn’t had to opportunity to achieve his full potential, turning to crime as an alternative.

Judge Park took into consideration not only the additional injuries the victim could have suffered but also Stroman’s difficult past and his special needs. As a result, the judge decided to place the defendant in a specialized Federal Medical Center (FMC) operated by the US Bureau of Prisons for psychological treatment and sentenced Stroman to 72 months under the Youth Act, followed by three years of supervised release.

No further dates were set.

Judge Tells Stabbing Defendant He Committed an ‘Extraordinarily Serious Offense’

DC Superior Court Judge Jason Park sentenced a stabbing defendant to 10 years in jail and three years of supervised release on April 4.

On Jan. 27, Aron Williams, 33, pleaded guilty to assault with intent to kill for his involvement in a domestic violence stabbing that occurred on Feb. 24, 2024, on the 300 block of 37th Street, SE. The victim, Williams’ romantic partner, suffered life-threatening injuries from 10 stab wounds to her mouth, arms, and legs.

At the sentencing hearing, the victim’s child gave a statement, telling the court he panicked when he found his mother on the ground, calling 911. He noted he “used to think [Williams] could be someone [he] could trust.”

According to the prosecution, Williams stabbed the victim over and over again as she begged him to stop. She pleaded for her life, asking him to call 911 and saying she would not tell authorities he was the one who hurt her, according to prosecutors.

The victim had also filed several civil protection orders, and the prosecution pointed out that indicates she was always fearful of Williams. The prosecution asked that Williams get the maximum sentence of 10 years in jail and three years of supervised release.

Williams’ lawyer, Hannah Claudio, asked that Williams get 72 months in jail along with three years of supervised release, asserting that he was under the influence of multiple hard drugs the night of the incident, which drastically changed his personality.

Williams stated he “takes full responsibility” and has sought help, while abandoning drugs.

Judge Park sentenced Williams to 120 months of incarceration and three years of supervised release. He also issued a stay away and no contact order from the victim and her children. Judge Park said he appreciated that Williams sought help for drug us but justice was required for this “extraordinarily serious offense.”

No further dates have been set for this case.

March Statistics Show Four Homicides With One Arrest

According to D.C. Witness data, as of April 7, there were four homicide incidents and four homicide victims in the District in March. The Metropolitan Police Department (MPD) has announced one arrest made in relation to the murders that occurred during the month.

According to MPD documents, the evening of March 13, officers responded to an establishment located in the 5000 block of Benning Road, SE, for the report of a shooting. Upon arrival, officers located 33-year-old Darius Young inside, suffering from gunshot wounds. Young was transported to a hospital where he succumbed to his injuries and was later pronounced dead.

Officers conducted an investigation where they were able to locate and arrest 37-year-old Cornell Day for his alleged involvement in Young’s death. Day is charged with first-degree murder premeditated while armed.

MPD also reported that another homicide occurred on March 16, with officers responding to the 1100 block of Chaplin Street, SE, for a report of a shooting. Upon arrival, officers located Marcus Kelly, 42, suffering from a life-threatening gunshot wound. Kelly was pronounced dead on scene despite life-saving efforts. According to MPD documents, no arrests have been made.

Likewise, on March 18, according to MPD documents, 39-year-old Derrick Howard was shot and killed in the 3000 block of Martin Luther King, Jr. Avenue, SE. This case also remains under investigation.

According to MPD documents, on March 29, officers responded to the 3300 block of 10th Place, SE, for a report of a shooting. 18-year-old Jose Walters was taken to the hospital and pronounced dead. No arrests have been made.

MPD is currently offering a reward for information on the unsolved cases.

Defendant Accused of Wounding Police in a Standoff Pleads Not Guilty

A defendant accused of shooting police officers pleaded not guilty and was denied release by DC Superior Court Judge Michael Ryan on April 4.

Stephen Rattigan, 49, is charged with six counts of assault with intent to kill while armed, six counts of assault on a police officer while armed, 15 counts of possession of a firearm during a crime of violence, destruction of property worth $1,000 or more, endangerment with a firearm, five counts of unlawful possession of a firearm by a convict, and cruelty to animals for his alleged involvement in the shooting of three Metropolitan Police Department (MPD) officers on Feb. 14, 2024 on the 5000 block of Hanna Place, SE.

According to court documents, the shooting stemmed from a barricaded situation following MPD’s arrival at Rattigan’s home with an arrest warrant for animal cruelty. During the confrontation, Rattigan allegedly shot and injured three MPD officers but surrendered after a standoff lasting several hours.

“After Rattigan was arrested, MPD executed a court-authorized search warrant inside the home. Inside, Rattigan had thirty-one dogs, three handguns, two AR-style rifles, two full drum magazines, and additional large-capacity magazines,” according to an April 4 release from the US Attorney’s Office..

During the hearing, Stephen LoGerfo, Rattigan’s attorney, informed the court of his decision to plead not guilty and asserted his right to a speedy trial.

LoGerfo also requested release, insisting that Rattigan has almost no criminal history, can stay with family in the community, and is amenable to any release conditions. He added that the concept of “intent to kill” was not present as MPD forced entry, and it’s possible that Rattigan was unaware of what was happening.

The prosecution objected and reasoned that, due to the nature of the charges, release was not warranted. They also challenged LoGerfo’s characterization of the offense and said that MPD made their presence obvious.

Furthermore, the prosecution said that even after an hours-long standoff, Rattigan allegedly fired three shots through the door indicating Rattigan was unwilling to cooperate with police orders–and they are concerned that he won’t abide by release conditions.

Judge Ryan said the facts depict a troubling series of events over a stretch of time. He added that, although each alone might not be sufficient for hold, the combination of all the acts is concerning. Judge Ryan denied LoGerfo’s request for release and said that he can’t find any combination of conditions that would ensure the safety of the community.

Parties are expected to return to court on July 11.

Rights Will Be ‘Exercised for Him,’ Judge Says After Murder Defendant’s Seventh No Show

DC Superior Court Judge Michael Ryan ordered the defense to test DNA evidence after a homicide defendant refused to appear for the seventh time on April 4.

Marquis Bullocks, 31, is charged with two counts of first-degree premeditated murder while armed, three counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, two counts of unlawful possession of a firearm, threat to kidnap or injure a person, and obstruction of justice for his alleged involvement in the fatal shooting of 31-year-old Michael Pate and 28-year-old Djuan Proctor on the 2200 block of Savannah Terrace, SE on Sept. 18, 2021.

During the hearing, Judge Ryan notified the parties that Bullocks’ refused to get off the bus and was sent back to the DC Jail. According to Judge Ryan, this is the seventh consecutive time Bullocks has refused to be at court.

Judge Ryan said that the most pressing issue is that Bullocks is not present to make a decision regarding his right to independently test DNA evidence.

Bullocks’ defense attorney, David Akulian, said he needs to talk to his client about this matter but Bullocks is refusing to see him as well.

Judge Ryan said he was concerned about Bullocks’ competence and ordered a mental screening at the last hearing. He stated that the doctor said that Bullocks’ behavior is goal-oriented in trying to delay the case. Judge Ryan concluded the easiest choice would be to order the defense to conduct DNA evidence testing so that Bullocks doesn’t give up any rights.

“He doesn’t need to waive any rights because they’re going to be exercised for him,” Judge Ryan said.

Parties are expected to reconvene on June 20.

Remorseful Shooting Defendant Must Serve Jail Time On Weekends

DC Superior Court Judge Maribeth Raffinan sentenced a non-fatal shooting defendant to 39 months of jail, with all but six months suspended, which will all be served on weekends, during a hearing on April 3.

On Dec. 17, 2024, Davida Johnson, 27, pled guilty to assault with a dangerous weapon for her involvement in a shooting on May 8, 2023, on the 900 block of Brentwood Road, NE. The victim sustained two gunshot wounds, one in her left arm and one in her right buttocks, during the incident.

According to the prosecution, Johnson showed up at the victim’s place of work and shot her twice in front of the victim’s two daughters. The prosecution added that there had been ongoing hostility between the two women, but the victim was unarmed at the time of the shooting.

The victim “suffered a horrendous amount of trauma and mental anguish,” after the incident, and required “multiple surgeries,” the prosecution stated.

Kavya Naini, Johnson’s defense attorney, requested Judge Raffinan sentence Johnson to 18 months, all suspended, and one year of supervised probation. Naini stated that Johnson is the sole caretaker of four young children, and has already been evicted from her home due to home confinement and her inability to work.

Naini stated that Johnson “regrets her actions with every fiber of her being,” and is “the glue that holds her family together.” According to Naini, Johnson was pregnant at the time of the incident and “acted truly out of genuine fear after being threatened.”

“Any sentence that takes her away from her children is a net loss for them and the community as a whole,” Naini argued.

“I feel so sorry for the pain I caused [the victim] and her family,” Johnson stated when given the opportunity to speak by Judge Raffinan.

“I feel like I failed my children, I know the type of pain I caused,” Johnson said, adding that she grew up with her parents in the system and was left “traumatized.” She also told Judge Raffinan that she “doesn’t believe any period of incarceration is necessary.”

Judge Raffinan stated that “the facts and injuries of this case do not warrant the sentence requested by the defense,” and sentenced Johnson to 39 months of incarceration, with all but six months suspended. Johnson will also be placed on probation for one year, complete an intervention plan, and contribute 100 dollars to the Victims of Violent Crime fund.

Naini then requested that Johnson serve her sentence on the weekends, allowing her to work and provide for her family. The prosecution did not oppose, and Judge Raffinan accepted citing Johnson’s compliance with current probation conditions.

Johnson will serve her sentence from Friday nights to Sunday mornings for six months.

No further dates were set.

Carjacking Defendant Accepts Plea Deal

A carjacking defendant accepted a plea deal extended by prosecutors before DC Superior Court Judge Jennifer Di Toro on April 3.

Donovan Adams, 30, was originally charged with robbery while armed, unarmed carjacking, and possession of a firearm during a crime of violence, for an incident that transpired on Sept. 27. The carjacking took place on the 2300 block of Pennsylvania Avenue, SE, and there were no injuries.

Through the deal, parties agreed Adams would plead guilty to all three charges in exchange for the prosecution not seeking an indictment.

Parties are slated to reconvene June 5.

Stabbing Defendant’s Release Denied

A defense attorney requested his client’s release due to health issues, but the motion was denied by DC Superior court Judge Heidi Pasichow on March 11.

Brenda Blanco, 35, is charged with assault with a dangerous weapon for her alleged involvement in a stabbing that occurred on Feb. 17 on the 3600 block of 14th Street, NW.

Blanco’s attorney, Jonathan Lanyi, alerted Judge Pasichow about his client’s hospitalizations for a variety of conditions including heart disease as reason enough to approve Blanco’s release.

The prosecution countered that surveillance footage of the stabbing and alleged identification of the defendant by officers warranted detention. Prosecution also stated that the defendant previously tested positive for fentanyl and synthetic cannabinoids in jail.

Judge Pasichow denied Blanco’s request for her release and ordered a medical alert instead to facilitate her treatment while at the DC Jail.

Parties are slated to reconvene March 19.

Homicide Defendants Accused of ‘Turning a Block Into a Battlefield’ in Deadly Mass Shooting Trial

Prosecutors accused co-defendants of “turning a block into a battlefield” in a deadly mass shooting trial that began on April 8 before DC Superior Court Judge Neal Kravitz.

William Johnson-Lee, 22, Erwin Dubose, 30, Kamar Queen, 27, and Damonta Thompson, 28, are charged with conspiracy, two counts of premeditated first-degree murder while armed with aggravating circumstances, two counts of assault with intent to kill while armed, and three counts of assault with significant bodily injury while armed, for their alleged involvement in the mass shooting that claimed the lives of 31-year-old Donnetta Dyson, 24-year-old Keenan Baxter, and 37-year-old Johnny Joyner.

Dubose, Queen, and Johnson-Lee each have nine additional counts of possession of a firearm during a crime of violence. Queen and Thompson each gave one additional count of first-degree murder while armed with aggravating circumstances, and Johnson-lee has two more counts of the same charge. Dubose, Queen, and Thompson also each have an additional charge of one or more counts of assault with intent to kill while armed.

Dubose and Queen are each charged with unlawful possession of a firearm with a prior conviction, as well. Dubose has additional charges of premeditated first-degree murder while armed and tampering with physical evidence. Finally, Queen and Johnson-Lee each have an additional charge of carrying a pistol without a license outside a home or business.

The incident occurred on the 600 block of Longfellow Street, NW on Sept. 4, 2021, and left three others suffering from injuries.

Toyia Johnson, 52, and Mussay Rezene, 32, are charged with accessory after the fact while armed and tampering with physical evidence for their alleged involvement in assisting the other defendants in getting rid of the evidence and avoiding getting caught in connection with the case.

During their opening statement, the prosecution emphasized that each defendant had a role in the mass shooting and in covering it up. They explained the rap alliance among the defendants, which they identified as Drop Squad (DS), Tough Real Understanding (TRU), and Real Money Getters (RMG). According to the prosecution, their group was “beefing” with another group from Kennedy Street, known as KDY.

According to the prosecution, the mass shooting was retaliation for another shooting, which occurred two hours earlier, during which Queen and a group of friends were targeted, with one person injured. The shooting occurred at Queen’s godmother’s house on the 800 block of Oglethorpe Road, NE.

The prosecution argued that shortly after Queen and his friends attacked, he brought their group together to retaliate, arguing they immediately blamed KDY for the shooting.

According to the prosecution, the defendants planned and executed the shooting using a Black Honda, allegedly rented by Dubose’s lover, Johnson. They claimed Thompson acted as the getaway driver, and Dubose, Queen and Johnson-Lee were the shooters, identified specifically by the clothing they were wearing before, during and after the shooting. They added that Rezene was intended to be a shooter, but did not make it in time to the scene, stating that he attempted to reach out to the group multiple times, but was unable to due to their phones not working.

Prosecutors further stated that Johnson and Rezene assisted the group after the shooting, with Johnson lying to the police about the car’s being stolen and Rezene helping Dubose burn it in an alleyway.

“The sound of cicadas were replaced by bullets,” the prosecution warned, as they played camera footage of the incident caught on a Ring doorbell.

“Roads? Where we’re going we don’t need roads,” Michael Bruckheim, Dubose’s attorney, quoted from Back to the Future. According to Bruckheim, the quote is not true in this trial, insisting that it is the prosecution’s responsibility to create a complete “road” of evidence for the jury to follow to a reasonable conclusion.

Camille Wagner, Rezene’s attorney, Peter Fayne, Johnson-Lee’s attorney, and Brian McDaniel, Queen’s attorney, echoed Bruckheim’s sentiments on reasonable doubt, stressing the lack of reliable identification of their clients. Fayne pulled out a miniature Constitution from his pocket, emphasizing that the role of a jury is to prevent injustice.

David Akulian, Johnson’s attorney, stressed that this case was about love and tragedy, highlighting a romantic relationship between Johnson and Dubose. He also stated that there’s no evidence that Johnson willingly assisted anyone with the shooting, emphasizing her “complete lack of knowledge.” `

Following opening statements, the prosecution called on a Metropolitan Police Department (MPD) officer who responded to the scene of the crime. He stated he was stationed at the intersection of 7th and Kennedy Street NW, when he heard around 20 gunshots. He stated he encountered multiple victims on the sidewalk outside of a house. He testified he saw a black vehicle drive away from the scene, and radioed it into MPD to send out a be on the lookout.

Parties are slated to reconvene April 9.

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