Motion to Dismiss Shooting Case For Lack of Evidence Denied

A suspect in the non-fatal shooting of a teen was denied requests for release and case dismissal during a hearing before DC Superior Court Judge Maribeth Raffinan on Nov. 25.

Anthony Goncalves, 51, is charged with assault with intent to kill while armed against a minor, aggravated assault knowingly while armed against a minor, two counts possession of a firearm during a crime of violence and unlawful possession of a firearm for his alleged involvement in the non-fatal shooting of a juvenile on the 3900 block of Minnesota Avenue NE, on Nov. 29, 2023.

Goncalve submitted a motion to dismiss his charges on the basis that the prosecution has insufficient evidence connecting him to the incident. Judge Raffinan denied the request.

Goncalves also submitted a motion requesting released, claiming, “the prosecution has failed to establish probable cause.” Judge Raffinan turned down the motion.

Parties are scheduled to reconvene on Feb. 4, 2025.

Shooting Defendant Accepts Plea Deal For Two Incidents

A shooting defendant accepted a plea deal that dismissed one of his cases entirely before DC Superior Court Judge Park on Nov. 22.

Mekhi Wilkins, 19, was charged with aggravated assault knowingly while armed and possession of a firearm during a crime of violence. These charges stem from his involvement in a shooting that occurred at the 200 block of 37th Place, SE on Aug. 20. One individual sustained injuries during the incident.

In a separate case, Wilkins was charged with carrying a pistol without a license outside a home or business, unlawful discharge of a firearm, possession of an unregistered firearm, and unlawful possession of ammunition. These counts stem from his alleged involvement in shootings that occurred on the 1100 block of Holbrook Terrace, NE and the 1600 block of West Virginia Avenue, NE on Jan. 20. No one was injured as a result.

As part of the plea agreement, Wilkins pleaded guilty to aggravated assault knowingly while armed and possession of a firearm during a crime of violence, stemming from the incident on Aug. 20. Pleading guilty to these two charges dismissed all four charges from the incident on Jan. 20.

In addition to dismissing the charges from Jan. 20, the plea agreement states the prosecution will not indict for greater charges for the case from the Aug. 20 matter.

Through the deal, parties agreed to a sentence of 60 months of incarceration followed by three years of supervised release.

Parties are set to reconvene on Feb. 7 for sentencing.

Shooting Defendant Not Guilty in Five of Nine Charges

Before DC Superior Court Judge Jason Park on Nov. 22, a jury found a shooting defendant not guilty for five out of nine charges.

Demonte Gibson, 26, was charged with assault with intent to commit robbery while armed, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, two counts of unlawful possession of a firearm by a convict, two counts of possession of a large capacity ammunition feeding device, and obstruction of justice for his involvement in a non-fatal shooting on the 1400 block of Fairmont Street, NW on Dec. 7, 2021. One individual suffered non-life-threatening injuries to their leg.

The jury found Gibson not guilty of assault with intent to commit robbery while armed, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, and obstruction of justice. Gibson was convicted of two counts of possession of a firearm by a person previously convicted of a crime, and two counts of possession of a large capacity ammunition feeding device.

Gibson is currently set to begin another jury trial on Mar. 17, 2025, for a homicide case.

Parties will reconvene on Dec. 4 for a status hearing to confirm a sentencing date, which is tentatively scheduled for Jan. 25, 2025.

Shooting Suspect Denied Supervised Release, Dismissal of Charges

DC Superior Court Judge Maribeth Raffinan denied requests for supervised release and case dismissal for a homicide suspect during a hearing on Nov. 25.

Wonell Jones Jr., 37, is charged with first-degree murder while armed, two counts of unlawful possession of a firearm by a convict and possession of a firearm during a crime of violence for his alleged involvement in a the fatal shooting of 33-year-old Audora Williams – the mother of his children – on the 2000 block of Knox Place SE, on July 19, 2023.

Jones Jr. submitted a motion requesting supervised release from incarceration, claiming that he is not a flight risk. The prosecution opposed the request, stating that nothing has changed in his situation since the initial indictment.

Judge Raffinan denied this motion, agreeing with the prosecution that nothing has changed since the initial indictment, and concluded he remains a danger to the community.

Jones Jr. also submitted a motion requesting that his case be dismissed, arguing that his right to a speedy trial was violated due to delays in filing the indictment and scheduling a trial date.

Judge Raffinan also denied this motion, stating that the delays were due to the defendant’s repeated requests for new counsel and refusal to cooperate.

Parties are scheduled to reconvene on Jan. 8, 2025.

‘The Prosecution Took an Incredible Accusation And Closed The Case,’ Says Defense in Closing

The jury trial for a shooting defendant ended with closing arguments in front of DC Superior Court Judge Erik Christian on Nov. 22.

Nathaniel Daniel, 34, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence in a gun free zone, unlawful possession of a firearm in a gun free zone, carrying a pistol without a license, unlawful discharge of a firearm, possession of an unregistered firearm in a gun-free zone, and unlawful possession of ammunition. The charges stem from his alleged involvement in an April 2 incident on the 10 block of N Street, NW. No one was injured.

In their closing argument, the prosecution argued that Daniel and his friend had been hiding under the complaining witness’ stairs, and when she had asked Daniel and his friend to leave, he threatened her with a gun through a glass door. She pretended to call 911 in an attempt to make them leave, then actually called 911 identifying Daniel wearing a “Simpson’s hoodie.”

Daniel and his friend were later identified by the police walking down North Capitol Street NE, and when approached by the police, Daniel allegedlyran. The police then engaged in a foot pursuit of Daniel.

The prosecution argued that while he was running, Daniel stashed the gun in a black liquor store back and threw it away in a trash can. Body camera footage taken from Daniel’s flight path, they argued, shows him with the bag, then seconds later without it.

Defense attorney Emma Mlyniec painted a different picture of the event in her closing argument. She argued that the complaining witness lied about Daniel having a gun. Mlyniec argued that the witness didn’t like her neighborhood, and that when she was assaulted previously, the prosecution helped her find a new apartment.

She stated, was that there was no physical evidence tying Daniel to the gun. There were no DNA tests or fingerprint tests conducted by the prosecution on the gun or the bag that contained it. The gun was found in a generic and common liquor store bag, and the police opened it multiple times before finding the gun in their investigation, according to Mlyniec.

There is no evidence provided by the prosecution of what was in the bag Daniel was carrying. The prosecution, Mlyniec said, is asking for the jury to rely on one phone call.

“The [prosecution] took an incredible accusation and closed the case,” she stated.

Mlyniec argued that when the police approached Daniel, he was getting pizza, and didn’t want to talk to the police. They kept pursuing him, and that’s when Daniel ran.

“Daniel didn’t run until he was starting to be chased,” Mlyniec stated.

The parties will reconvene when the jury has reached a verdict.

Domestic Stabbing Defendant Pleads Guilty to Felony Contempt

The prosecution dropped the charges of violent crime against Chackell Anderson in a domestic violence case, in exchange for Anderson’s pleading guilty to a felony charge of contempt before DC Superior Court Judge Jason Park on Nov. 25.

Anderson, 40, was originally charged with assault with a dangerous weapon, robbery, and robbery while armed for his alleged involvement in a non-fatal stabbing on Sept. 2 on the 1900 block of 17th Street, SE.

Court documents report two victims from the incident, Anderson’s former girlfriend and a man who was staying at her house at the time.

In the plea offer Anderson accepted, the prosecution agreed to dismiss all other charges if Anderson pleaded guilty to contempt for violating a court order to stay away from his former girlfriend.

Russell Hairston, Anderson’s attorney, told the court there is no statutory cap on the sentence for felony contempt. The parties didn’t agree on a sentence but plan to make their requests to Judge Park at sentencing.

According to the prosecutor, Anderson called his former girlfriend from jail multiple times and accepted visits from her between Sept. 4 and Sept. 30. The prosecutor said recordings of their calls contain discussions of what Anderson’s former girlfriend would say in her testimony about the stabbing.

Hairston said Anderson’s former girlfriend insisted Anderson stay in touch with her while in jail and accused him of being in a relationship with someone else when he tried to avoid contact.

Parties will next convene on Jan. 24, 2025.

Mass Shooting Defendant to Reject Plea Offer That ‘Won’t Get Any Better’

A mass shooting defendant indicated his intention to reject a plea offer in a Nov. 22 hearing before DC Superior Court Judge Rainey Brandt

Aaron Brown, 28, is charged with first-degree murder, four counts of assault with intent to kill while armed, five counts of possession of a firearm during a crime of violence, carrying a pistol without a license, unlawful possession of a firearm, and conspiracy.

These charges are tied to multiple shootings between Feb. 26 and March 1, 2020 resulting in eleven victims, including the murder of 13 year-old Malachi Lukes. The shootings took place on the 700 block of Farragut street NW, the 1700 block of ninth street NW, the 600 block of S street NW, and the unit block of Channing Street NE.

During the hearing, Brown indicated that he intended to formally reject a plea offer from the prosecution that would require Brown plead guilty to assault with intent to kill in exchange for dismissal of all other charges and a sentencing cap at 18 years.

After discussing Brown’s intention, his attorney, Joseph Yarbough, asked the court to recuse himself as Brown’s counsel. Yarbough stated that communications between the two had simply “broken down,” and added that the trial date was far enough away that new counsel would not create undue delay.

Judge Brandt posited that three of Brown’s original co-defendants had just received sentences longer than 100 years, and that rejection of this plea deal essentially guaranteed Brown would be going to trial.

Judge Brandt, in response to Yarbough’s recusal request stated that it would take time to find an available attorney given how many were already involved in an “eleven victim … case that took five months to try”

Yarbough asked the prosecution to keep the plea offer open for any potential new counsel to discuss with Brown to which they agreed but affirmed “it won’t get any better.”

Judge Brandt agreed to begin looking for new counsel.

Parties are slated to reconvene on Dec. 17.

Defense Claims Mental Health Issues Behind Shooting Incident

DC Superior Court Judge Judith Pipe sentenced a defendant to six months incarceration and one year of supervised release for shooting a gun into the air during a Nov. 22 hearing.

Deonte Driver, 34, pleaded guilty to endangerment with a firearm for his involvement in the matter on Sept. 20. The incident occurred on July 27 at the 2200 block of Nicholas Street, SE.

According to court documents, police received a report for a man shooting a gun into the air from a rooftop and arrested Driver for his involvement in the incident.

The prosecution requested that Driver be sentenced to six months of incarceration because they do not believe he will comply with probation, citing that this offense occurred after a prior gun charge in Maryland. The prosecution argued Driver “did not learn” from this prior charge.

Driver’s defense attorney, Kyle McGonical, asked that any further incarceration be suspended, as Driver has already been incarcerated for four months, and that he be allowed to take advantage of mental health services while on probation.

McGonical stated that by Driver’s own admission, he was not in a “good place” and had been self-medicating with alcohol while struggling with anxiety, depression and post-traumatic stress disorder (PTSD). According to McGonical, Driver suffered from the loss of two brothers as part of a tumultuous upbringing.

McGonical said Driver was “crying out” for treatment and has participated in multiple self-improvement programs while incarcerated. He said that after four months of incarceration Driver, “looks, sounds, and feels much better.” He described Driver as “very intelligent and engaging” and someone who has the potential to take full advantage of opportunities and treatment.

Driver addressed the court and stated that although this is a “negative incident,” he plans on “bettering his life.”

Judge Pipe sentenced Driver to six months of incarceration with credit for time served and one year of supervised release. She stated that she did not believe probation was appropriate in this case because “he was released on a gun charge and immediately armed himself again,” in reference to Driver’s past charge in Maryland.

There are no further dates set.

Judge Grants Defendant’s Request to Attend Church Under Curfew

DC Superior Court Judge Jennifer Di Toro granted a defendant’s curfew request to attend church on the weekends in a hearing on Nov. 22.

Julan Byrd, 17, is charged with possession of a firearm during a crime of violence, robbery while armed, and unarmed carjacking for his alleged involvement in a carjacking incident that occurred on Sept. 1 on the 5500 block of Jay Street, NE with two other suspects.

Darryl Butler, 19, is also charged with armed carjacking and possession of a firearm during a crime of violence, but not the additional robbery while armed charge.

According to court documents, police officers responded to the scene to a report of a carjacking. The victim said he was surrounded and robbed by three suspects at gunpoint. One of the suspects pulled out a firearm and said, “give me the keys,” which the victim surrounded.

Judge Di Toro granted a new curfew for Byrd to attend church.

During the hearing, Varsha Govindaraju, Byrd’s attorney, explained the that Byrd wanted to attend weekend church meetings with his family and he needed to step down home confinement to include church events.

Court Services & Offender Supervision Agency (CSOSA) revealed that Byrd has been compliant, and a curfew would make things easier than filing individual exceptions to his release conditions.

Judge Di Toro agreed to set Byrd’s curfew from 7 p.m. to 6 a.m. so he can attend the meetings. Byrd will continue with electronic monitoring.

Parties are slated to reconvene Jan. 17, 2025.

Judge Denies Dismissal of Charges in Murder, Mass Shooting

DC Superior Court Judge Maribeth Raffinan denied a motion to dismiss a shooting defendant’s most serious charge on Nov. 22.

Isaiah Trotman, 32, is charged with first-degree murder while armed under aggravating circumstances, 25 counts of possession of a firearm during a crime of violence, 13 counts of assault with a dangerous weapon, and 13 counts of kidnapping while armed for his alleged involvement in a mass shooting on Feb. 1, 2023 on the 1400 block of Potomac Avenue, SE.

The shooting killed 64-year-old Robert Cunningham, and injured three others.

During the hearing, Trotman’s attorney, Joseph Yarbough, informed the court of a motion to dismiss select charges from Trotman’s indictment including kidnapping, and first-degree murder.

Yarbough argued that the prosecution didn’t give the grand jury the facts. He argued for an individual to be charged with kidnapping, the duration of the illegal hold needs to be more than 30 minutes, not less than ten minutes as is the allegation against Trotman.

The prosecution argued there was still an intent to kidnap and that the grand jury saw there were the elements for kidnapping.

Judge Raffinan denied the defense motion.

Parties are set to reconvene on Feb. 28, 2025.

Stabbing Suspect Pleads Guilty, Faces Up To 40 Years

A suspect in a stabbing case will face up to 40 years in prison after taking a plea deal before DC Superior Court Judge Maribeth Raffinan on Nov. 25.

Antonio Jackson, 38, was charged with first-degree murder while armed and carrying a dangerous weapon for his involvement in the fatal stabbing of Maria Evans, 59, on the 500 block of Oakwood Street SE, on March 29, 2018.

In exchange for pleading guilty to second-degree murder while armed, the prosecution will drop all other indictment charges and recommend a sentence of 17-to-21 years.

Maximum penalty for second-degree murder while armed is 40 years, a $250,000 fine, or both. Judge Raffinan is required to sentence Jackson with supervised release of at least five years, and a $100 fine to the Crime Victims Compensation Fund.

Parties will reconvene for sentencing on March 28, 2025.

Shooter in Off-Duty Officer Incident Sentenced

DC Superior Court Judge Robert Salerno sentenced a 22-year-old defendant to 11 months of incarceration for wounding a police office in a Nov. 22 hearing.

William Walker, 22, pleaded guilty to fleeing a law enforcement officer in connection to a shooting that injured an off-duty police officer on the 620 block of Oglethorpe Street, NW on May 20. This incident was allegedly committed with codefendant 21-year-old Rasheed Thorne who was charged with possession during a crime of violence.

Walker previously accepted a plea deal to the charge of fleeing a law enforcement officer in return for the dismissal of an assault with a dangerous weapon charge. Parties agreed on a sentencing guideline of six-to-24 months of incarceration.

During the hearing, the prosecution requested that Walker receive 12 months with three years of supervised release because they believe that a split sentence with probation was not appropriate in this case. They cited Walker’s multiple probation violations, and argued that the impact on the victim has been severe enough to permanently affect his vision and his ability to return to work.

Defense attorney Howard McEachern requested that a Youth Rehabilitation Act (YRA) sentence be invoked, arguing that jail has given him time to mature and think about his decisions. The YRA allows for a young defendant’s conviction to be sealed if they successfully complete all sentencing requirements. Walker stated he wants to return to college and finish his degree.

McEachern asked the judge to consider his factor of youth and responsibility and either give Walker the YRA sentence with a short split with probation or if a straight sentence is imposed to give the bottom of the sentencing guidelines of six months.

Judge Salerno denied the YRA sentencing request since the defendant has three prior gun offenses, previous probation violations, and a warrant for failure to appear. The judge stated these actions show that the defendant is not ready for probation alone.

The judge sentenced Walker to 11 months of incarceration with one year of supervised release.

No further dates are set.

GPS Monitor Removed to Ease Defendant’s Pregnancy Discomfort

A non-fatal shooting defendant was granted permission to remove her GPS ankle bracelet to ease her discomfort during pregnancy discomfort on Nov 20.

Diamond Early, 32, is charged for unlawful possession of ammunition, carrying a pistol without license outside home or business, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, assault with significant bodily injury while armed, and possession of unregistered firearm for her alleged involvement in a non-fatal shooting incident that occurred on the 4000 block of Kansas Avenue, NW on July 31, 2023. One person sustained injuries.

Defense attorney, Antoini Jones, that emergency medical technicians initiated the request in response to the defendant’s distress. . The prosecution opposed the step down in release because of the seriousness of the shooting allegations.

Early has been fully compliant and reports weekly by phone, according to a representative from the Pretrial Services Agency (PSA). She has no criminal history and is employed. DC Superior Court Judge Jason Park granted the request for the removal.

While the ankle monitor is being removed, all other conditions, including the stay-away order, are to stay the same.

Parties are set to reconvene on Jan 24, 2025 for trial readiness.

Shooting Defendant Denied Acquittal

DC Superior Court Judge Jason Park denied a shooting defendant’s request for judgment of acquittal on Nov. 20.

Demonte Gibson, 26, is charged with assault with intent to commit robbery while armed, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, two counts of unlawful possession of a firearm, and obstruction of justice for his alleged involvement in a non-fatal shooting that occurred on the 1400 block of Fairmont Street, NW on Dec 7, 2021. One person sustained injuries.

A witness, working for the Metropolitan Police Department (MPD), continued testimony about firearms she recovered during a search warrant executed for Sep 29. Recovered physical evidence was presented including cartridges that were found on the balcony and in a Nike box between the bed and closet in the apartment.

It was clarified that she did not know if Gibson was there, did not know how long the firearms were there or who brought them, and did not know if Gibson intended to possess guns in his apartment.

Prosecutors also called a neighbor, who testified she located Gibson and the victim in a stairwell. She testified that a “pow” had woken her up in the middle of the night, which she said sounded like a gunshot, but she did not actually see the victim injured. In a\ previous testimony from 2021, she had stated that she saw Gibson grabbing money while she approached them.

The witness testified the victim asked her for water, so the witness left and came back to the stairwell with water to find the victim still there, but Gibson was gone. The victim has since recovered and lives with the witness.

The witness was shown a Twitter account that contained threatening posts.. She identified the profile’s picture as Gibson. However, she was unable to identify an individual pictured in the profile’s banner.

Defense attorney Rachel Cicurel motioned for a judgment of acquittal on all counts. She argued the prosecution had failed to prove beyond a reasonable doubt that Gibson was the perpetrator, and argued that their case was purely based on speculation.

Judge Park denied the motion, arguing that a reasonable jury could convict him of all charges with the evidence provided by the prosecution.

A defense witness, who claimed to be very close with Gibson, stated that he frequently saw people going in and out of Gibson’s apartment throughout the years, sometimes with him, sometimes without him. During his testimony, he attested to Gibson’s social life by saying “he’s a cool dude”, as to why people would often be at his apartment.

When shown the Twitter account, the witness stated “I don’t know who this person is”. When asked if the banner picture looked like Gibson, the witness stated “not even”.

Another witness was called in who was able to identify the man in the Twitter banner as “Junior” and recalled he had passed away a couple years ago—but the image was not Gibson.

The witness, Gibson’s neighbor, testified seeing people frequently go in and out of his apartment, sometimes he was not with them. They were young men in their 20s, or teenagers, wearing ski masks but she never reported them because she never felt afraid, threatened or uncomfortable. She testified there was never any trouble, it was just usually noisy in Gibson’s apartment, even after he had been arrested, the people would still go in and out of his apartment.

The trial is set to resume on Nov 21.

Murder Defendant Accepts Plea Deal

A murder defendant accepted a plea deal in front of DC Superior Court Judge Michael O’Keefe on Nov 22.

Rashon Hall, 28, was originally charged with first-degree murder while armed , an offense committed during release, and possession of a firearm during a crime of violence offense during release for his involvement in the fatal shooting of 22-year old Joseph Simmons on the 2800 block of Alabama Ave, SE on Jan 3, 2021.

During the hearing, Hall accepted a deal, which required him to plead guilty to second-degree murder while armed in exchange for dismissal of all other charges.

Through the deal, parties agreed to a sentencing range of 13-to-18 years of incarceration.

According to the prosecution, had the case gone to trial, they would have proved beyond a reasonable doubt that Hall caused the death of Simmons by shooting at a bus stop four times intending to kill Simmons. They added he did these acts voluntarily, on purpose, and not as self-defense. Hall agreed these facts were true and accurate.

Parties are set to reconvene on Jan 10.

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