‘Make it Fair,’ Defense Attorney Motions to Exclude DNA Evidence

A defense attorney motioned to exclude DNA samples involved in a homicide case before DC Superior Court Judge Todd Edelman on March 24.

Kavon Young, 34, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of John Pernell, 66. The incident took place on July 3, 2010, during a robbery at a cookout on the 3000 block of Nelson Place, SE. According to court documents, multiple armed men allegedly assaulted attendees and stole personal belongings.

The only evidence the prosecution has to implicate Young in this case is the DNA, and it’s lost, Mani Golzari, Young’s attorney, said. He repeated, “retest, retest, retest,” implying that’s what he would do if this case had been able to fulfill his clients confrontational rights, then finally ending by pleading with the judge, “Make it fair – nobody gets to use DNA.”

During the hearing, Golzari stated the prosecution lost DNA evidence during the course of the investigation. The evidence in question were allegedly DNA extracts found on Pernell’s fingernail clippings that were tested in 2011. He stated that if these materials were still present, they would be considered exculpatory.

A forensic scientist, who tested the fingernail clippings that linked Young and Pernell, walked the court through multiple different studies involving the retention of DNA extract under fingernails. He surmised that you don’t find DNA under the nails of a good amount of the population. If DNA is present there usually needs to be intimate contact, he said.

Golzari proceeded to question the witness on his method of obtaining this DNA evidence. He stated the expert used outdated technique, citing a National Institute of Standards and Technology (NIST) article explaining why the technique was discontinued. Golzari also brought up the expert’s own testimony in a past case, where he stated the parameters for proper use of the technique. Those parameters were not followed with Young’s case.

The expert responded by stating he was merely using the methodology of the dated technique, applying it in a different way that wasn’t bound to the same parameters.

The expert rebutted the aforementioned status of his technique, stating that NIST agrees with its use as long as it accurately describes the value that the DNA data has in reaching source conclusion. The expert said he believes he fulfilled this requirement when linking Young’s DNA to the evidence found under the fingernails.

Golzari told Judge Edelman that he was confused on whether the expert was going to stand by using the dated technique for his DNA evaluation or insist on only using the methodology.

Judge Edelman agreed with Gozlari, stating that if there was no resolution before trial, that sanctions on the jury have to go beyond just telling them “evidence is lost – make of that what you wish.” At this time though, he is unsure of what those would be and is only focused on moving forward.

Golzari also stated that at every single stage in this case, Young has been denied his right to be confronted with the witnesses against him. He claims the defense has been asking for names of alleged eyewitnesses since the first hearing, and now two of those eyewitnesses are fully incapacitated.

He also claimed the prosecution lost important surveillance video during the case.

Parties are slated to reconvene March 25.

Judge Rules Prosecution Violation Ahead of Murder Trial

During a hearing on March 20, DC Superior Court Judge Jason Park said the prosecution was in violation of not disclosing evidence in a murder trial to the defense. He ordered them to turn over additional evidence.

Keith Williams, 24, 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 death of 17-year-old Brendan Ofori on the 300 block of M Street, SW. The incident occurred on May 28, 2023.

According to court documents, Ofori was shot and killed in a Washington Metropolitan Area Transit Authority (WMATA) train car. His body was recovered at the Navy Yard Metro Station.

Sylvia Smith, one of Williams’ attorneys, argued the prosecution failed to provide evidence the defense needed to review, including the victim’s criminal history and notes from an interview with his mother, before trial. She said these items may be favorable to the defendant whose trial was set to begin on March 24.

Smith stated she filed several motions for evidence regarding Ofori’s prior criminal history, and “it’s not as if I sat on my laurels and did nothing.” According to Smith, the prosecution originally claimed that they did not have the requested information.

The prosecution said there was difficulty obtaining the defendant’s records from Prince George’s County because of Ofori’s juvenile status. According to a prosecutor, information was disclosed as soon as it was available.

Judge Park agreed with Smith’s claims, finding the prosecution in violation of disclosing the criminal history and notes from the victim’s mother’s interview. While the evidence would not have altered the case enough for Judge Park to consider dismissing the charges against Williams, it was favorable towards the defense and could affect their investigation.

To remedy this, Judge Park ordered the prosecution to obtain more information from Prince George’s County for defense counsel, and turn over any notes from the interview of Ofori’s mother.

Parties are slated to reconvene March 24.

Prosecution Witnesses Detail Homicide Linked to Car Accident

DC Superior Court Judge Michael Ryan heard details of a shooting-related car accident as the second day of a four-year-old homicide trial continued on March 20.

Deonte Patterson, 29, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and obstructing justice, with influence or delay of a witness or officer, for his alleged involvement in the fatal shooting of Ali Jamil Al-Mahdi, 32, on Aug. 23, 2021, at the 1800 block of 9th Street, NW.

The prosecution called a DC Department of Forensic Science (DFS) crime scene analyst who investigated the car accident at the intersection of 9th Street and Massachusetts Avenue, NW, the night of the alleged shooting. The accident involved Patterson with two other witnesses in one vehicle and two different cars. The investigator took photos of the wreckage and recovered a firearm on the scene, which he rendered unusable. He submitted a bullet that was in the chamber and a magazine as evidence but did not test anything for DNA.

He took photos of Patterson and another victim at the MedStar Washington Hospital Center. He said that Patterson had injuries to his neck and left arm, and the second victim, minor injuries to his hands, but after taking a couple of pictures of the second victim, he was asked to stop, and he complied.

The prosecution called another DFS analyst, who photographed Patterson’s wrecked car. He testified that there were two bullet holes on the passenger side, one in the back and the other at the passenger side door. Based on trajectory rods placed in the bullet holes, he was able to determine the shots likely came from behind the car, but he couldn’t estimate how close the shooter was and what caliber bullets were used.

A specialist from the DC Office of the Chief Medical Examiner (OCME) who performed Al-Mahdi’s autopsy said Al-Mahdi sustained two gunshot wounds and blunt force trauma to the legs, wounds consistent with Al-Mahdi turning away from the firearm before falling.

However, under cross-examination, she clarified that while the injuries suggested a certain trajectory, the exact position of the victim at the time of death could not be determined.

She deemed the cause of death as gunshot wounds, and the manner of death a homicide.

Parties are slated to reconvene on March 24.

Judge Delays Plea Deal As Homicide Defendant Wavers

DC Superior Court Judge Neal Kravitz told parties, “I don’t think I can accept this plea under these circumstances,” during a hearing on March 20. The defendant appeared to vacillate between acknowledging guilt and making a claim of self-defense in a homicide.

Antwain Ulmer, 20, is charged with first-degree premeditated murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and carrying a pistol without a license, for his alleged involvement in the fatal shooting of 30-year-old Charles Sullivan, and the injury of another individual. The shooting occurred on July 9, 2023 on the 700 block of Kenilworth Avenue, NE.

During the hearing, parties alerted Judge Kravitz that Ulmer was accepting a plea deal which would require him to plead guilty to voluntary manslaughter while armed and assault with a dangerous weapon in exchange for a dismissal of all other charges. Through the deal, parties would agree to a sentencing range of ten-to-16 years of incarceration.

According to the prosecution, if the case goes to trial, they would prove beyond a reasonable doubt that on the day of the incident, Ulmer was at the Circle 7 Express with three associates, when Sullivan arrived with a friend. The prosecution stated as Sullivan walked into the store, Ulmer, who was standing by the door, pulled out a handgun and began shooting, striking Sullivan multiple times. Sullivan, who was armed, attempted to remove his firearm from his waistband, say prosecutors, but was unable to fully extend it.

The prosecutor insisted Ulmer acted knowingly and voluntarily, and did not act in self-defense.

“Is it true that you took a firearm out of your waistband,” Judge Kravitz asked Ulmer, who replied “Yes, sir.”

“What was your thinking when you fired the shots,” asked Judge Kravitz. “I was afraid. I didn’t want none to happen to me… I knew [Sullivan] was a dangerous man,” Ulmer stated.

“Mr. Ulmer was in genuine fear, but he was the first aggressor,” Frances D’Antuono, Ulmer’s attorney, stated.

“I don’t think I can accept this plea under these circumstances,” Judge Kravitz said, adding Ulmer’s statements did not match the prosecutor’s proffer of facts.

“I can’t accept it until he admits to the facts of the crimes,” Judge Kravitz alerted the parties.

Judge Kravitz advised D’Antuono and Thomas Healy, Ulmer’s other attorney, to meet with him and review the terms of the plea agreement before the next hearing.

Parties are slated to reconvene March 28.

Data Shows Five Mass Shootings in DC in 2024

D.C. Witness recorded a total of five mass shootings in 2024, with 23 total victims.

Of those victims, four were homicide victims and 19 were non-fatal shootings victims.

The first one occurred on April 10 on the 1100 block of 21st Street, NE, and left four victims injured and one victim deceased. The victim was identified as 29-year-old Aubrey McLeod of Largo, MD, pronounced dead on the scene. According to Metropolitan Police Department (MPD) documents, no arrests have been made.

The next incident took place on April 26 on 1200 block of Connecticut Ave, NW. Six victims sustained life-threatening injuries. The suspect, 29-year-old Rennwel Mantock, was arrested and charged with assault with intent to kill, possession of unregistered Ammunition, and possession of an unregistered firearm.

On July 8 around 8 p. m., a shooting occurred on the 1200 block of Potomac Avenue, SE. Four victims sustained injuries, but no one was killed. Photos of the suspects’ vehicle were publicized but no arrests have been made.

The series of shootings continued with an incident on Aug. 3, near M Street, NE, killing two and injuring two. The homicide victims were identified as 33-year-old Antonio Williams and 18-year-old Terrell Osbourne Jr. The suspects’ vehicle was captured by a nearby surveillance camera, but no arrests have been made in the matter.

The last recorded mass shooting of 2024 took place on Sept. 28 on the 2700 block of Langston Place, SE. Three suffered injuries, and one victim was killed–27-year-old Dee Monte Pernell Chase. No arrests have been made.

Prosecutor’s Opening Statement Paints Homicide as Payback

In their opening statement prosecutors say a homicide was an act fueled by retribution in a trial before DC Superior Court Judge Michael Ryan on March 19.

Deonte Patterson, 28, is charged with premeditated first-degree murder while armed, possession of a firearm during a crime of violence, and obstruction of justice for his alleged involvement in the fatal shooting of 32-year-old, Ali Jamil Al-Mahdi, on Aug. 23, 2021 on the 1800 block of 9th Street, NW.

Prosecutors argue Patterson shot and killed Al-Mahdi as payback for a confrontation the two had two years prior during which Al-Mahdi shot Patterson in the leg. Patterson never got over it, and when the opportunity presented itself, he got his revenge, according to the prosecutor.

The prosecution alleged that on the night of the incident, Patterson left a club with his girlfriend and another friend. As they were walking to their car, Patterson allegedly spotted Al-Mahdi in the crosswalk and ambushed him. The prosecution told the jury that they would see “bullet holes all across [Al-Mahid’s] car as he tried to avoid the defendant’s shots.”

The prosecution emphasized that the jury can expect to hear five different kinds of evidence: eyewitness testimony, surveillance videos, firearm and ballistic evidence, crime scene reconstruction analysis, and DNA analysis.

When the ballistics analyst took the stand, he presented evidence consistent with the prosecution’s opening statement that there were defects across a car, possibly caused by bullets. He also specifically noted that there were several pieces of physical evidence that pointed to the shooting like shell casings and projectile fragments as well as a bullet recovered from underneath the car.

Parties are slated to reconvene March 20.

Prosecution Motions to Subpoena Witness’ Medical Records

The prosecution in a shooting case motioned to have a witness’ medical records subpoenaed before DC Superior Court Judge Judith Pipe on March 20. So far the material has not been forthcoming.

Donnell Wells, 36, is charged with two counts of aggravated assault knowingly while armed, five counts of possession of a firearm during a crime of violence, three counts of assault with a dangerous weapon, and two counts of unlawful possession of a firearm with a prior conviction for his alleged involvement in a shooting on the 500 block of Newcomb Street, SE. The incident occurred on Aug. 1, 2024 and two individuals suffered from gunshot wounds.

In court, Judge Pipe asked the prosecution to explain their position, and they stated that securing a release form from the hospital has been difficult and the matter has been pending for a month.

Judge Pipe stated she would notify Sara Kopecki, Wells’ council, of the subpoena. Kopecki has 14 days to object. In a release order filed on Feb. 28, Judge Pipe declared, “Confidential Information includes all protective medical and mental health records, treatment, health information, medications and any information relating to [the witness’] medical or mental health status during the relevant time period,
beginning on August 1, 2024.”

Parties are slated to reconvene April 3.

Defendant’s New Trial Motion In Sex Worker Shooting Denied

A shooting defendant’s motions for a new trial based on undisclosed evidence was denied by DC Superior Court Judge Errol Arthur on March 19.

Jerry Tyree, 46, was found guilty of aggravated assault while armed, possession of a firearm during a crime of violence, two counts of unlawful possession of a firearm with a prior conviction, attempted unlawful possession of liquid PCP, and attempted unlawful possession of a controlled substance. The charges stemmed from a shooting on the 5900 block of Foote Street, NE on Nov. 29, 2023. A female transgender sex worker, sustained injuries to the groin and genitals from the incident.

Judge Arthur read the motion, filed by Tyree’s attorney Sara Kopecki, claiming newly discovered evidence contradicted the victim’s testimony in that on Sept. 10, 2024, the victim testified she was no longer a sex worker. However, on Sept. 23, 2024, the victim filed a police report stating she was threatened while engaging in sex work on Sept. 21.

The prosecution relayed the information on Sept. 25, 2024, one day after Tyree was convicted. The motion claims the prosecution failed to disclose that the victim was still engaged in sex work at the time of trial.

Judge Arthur denied the new trial motion because the new evidence would wouldn’t discredit the victim’s testimony.

According to Judge Arthur, nothing in the record says the victim was engaged in sex work when she testified Therefore, the evidence is “of little to no consequence” and would probably not result in acquittal.

Kopecki responded the prosecution had access to the victim the whole time, and had a duty to determine whether she was performing sex work at the time of her testimony.

Judge Arthur replied that the prosecution does not have an obligation to proactively check up on every witness. However he said, “If this had occurred while the jury was deliberating [and the case was still in progress] we’d be having a different discussion.”

Parties are slated to reconvene April 25.

Homicide Defendant Requests Independent DNA Testing

A homicide defendant chose to do DNA testing on cartridge casings during an IPA Hearing on March 19 guaranteeing his right to an independent analysis of genetic evidence in front of DC Superior Court Judge Jason Park.

Christopher Tyler, 47, is charged with first-degree premeditated murder while armed, possession of a firearm during crime of violence, first-degree burglary while armed, and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of 34-year-old Nolan Edwards at the 4100 block of Ames Street, NE, on July 7, 2023.

One of Tyler’s defense attorneys, Frances D’Antuono, motioned to have evidence from the crime scene independently tested.

According to the prosecution, evidence includes casings found at the arrest location, firearms, blood swabs from the Ames Street address and swabs from an impounded vehicle, a black Ford Explorer, all of which have already been tested by the prosecution.

D’Antuono noted that they will be testing the remaining cartridge casings, and also plan to test the vehicle swabs if possible.

Judge Park approved the defense’s request without objection.

Parties are slated to reconvene Jan. 30.

Document: MPD Investigating Fatal Southeast Shooting

The Metropolitan Police Department (MPD) announced they are investigating a fatal shooting that occurred on March 18. Officers responded to the 3000 block of Martin Luther King Jr Avenue, SE, and found Derrick Howard, 39, of Baltimore, MD, suffering from a life-threatening gunshot wound. Despite efforts to save him, Howard was pronounced deceased. The case remains under investigation.

Document: MPD Arrests Suspect in Unarmed Carjacking in Northeast

The Metropolitan Police Department (MPD) announced the arrest of 22-year-old Derrick Curtis, who was allegedly involved in an unarmed carjacking incident on Dec 30 in the 1600 block of Benning Road, Northeast. Curtis was charged with carjacking after reportedly attacking a victim and fleeing on the victim’s moped, which has since been recovered.

Defendant Hit With Tougher Shooting Charge, Counsel Withdraws

A shooting defendant’s charge was raised to another level in front of DC Superior Court Judge Robert Hildum on March 18.

Michael Alexander, 19, is charged with assault with intent to kill and possession of a firearm during a crime of violence for his alleged involvement in an incident that occurred on the 300 block of S Street, NE, on Feb. 21. One victim suffered a gunshot wound to the ear.

In court, Judge Hildum announced the filing of the amended complaint by the prosecution, to upgrade Alexander’s previous assault with a dangerous weapon charge to an assault with intent to kill count.

Angela Ramsay, Alexander’s attorney, immediately motioned to withdraw from the case. Judge Hildum explained to the court that Ramsay had to stand down as she was not certified to handle the new, more serious charge.

Alexander was re-arraigned and entered a plea of not guilty. Ramsay asked about modified release conditions for Alexander but the request was denied.

Her motion to withdraw was granted.

Parties are slated to reconvene March 24.

Homicide Defendant Rejects Plea Deal

A murder defendant rejected a plea deal before DC Superior Court Judge Danya Dayson on March 19.

Ravon Slye, 32, is charged with second-degree murder while armed for allegedly fatally stabbing his then-girlfriend, 30-year-old Andrea Bond, on March 7, 2023, on the 1100 Block of D Street, NE.

During the hearing, a plea deal was put on the record that would require Slye to plead guilty to voluntary manslaughter while armed in exchange for the prosecution waiving any enhancement charges. The prosecution stated that an appropriate sentence would be 13-and-a-half years.

Slye rejected the plea offer.

Parties are slated to reconvene May 23.

Six Defendant Trial Again Delayed For Defense Motions on Evidence, Jail Separation

A six co-defendant homicide case from 2021 has been further delayed because of new pre-trial defense motions filed on March 19 including a request to end to a forced separation policy at the DC Jail.

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.

Queen and Dubose’s attorneys filed motions to suppress data pulled from their Instagram accounts. They filed these motions after the deadline, however, Judge Kravitz was willing to consider them in light of “good cause.”

Kravitz emphasized the point of judicial efficiency, reasoning that denying the motions may not be the most expedient approach and could result in a constitutional issue based on ineffective assistance of counsel, an eventual appeal, or even a retrial.

The prosecution has until March 21 to file oppositions, and the defense has until March 23 to respond.

Additionally, defendants Queen and Rezene spoke to the difficult living conditions they are experiencing in the DC Jail due to the defendants’ separation order. Queen mentioned that the separation in the highly confined environment is a strain on their quality of life, mental health, and sleep schedule. They asked Judge Kravitz to lift the order.

Kravitz told the defendants that it’s up to the prosecution to lift the restrictions that they had originally imposed. Legally, the prosecution is not required to disclose the separations’ rationale.

“This courtroom is your turf, your honor,” stated Charles Murdter, Thompson’s defense attorney. Murdter emphasized that the court has jurisdiction in this matter and others that affect the defendants.

Michael Bruckheim, Dubose’s attorney, mentioned that the prosecution issued the separation order, which theoretically opens the doors to litigation on the matter. If the DC Jail imposed the separation, then it would not be a court matter.

Kravitz reasoned that the prosecution likely issued the separation order in good faith, and encouraged the prosecution to review the issue and consider if any of the reasons for the separation could be shared in court.

Kravitz then ordered Queen and Dubose’s attorneys to have the specifics of their motions to suppress Instagram evidence and everything derived from the Instagram warrant completely laid out by the end of the day on March 19.

Parties are scheduled to reconvene on March 24 to review the motions.

Prosecutors Say Victim Was ‘A Sitting Duck’ For Target Practice During Closings

The prosecution described the victim in a non-fatal shooting trial as, “A sitting duck [the defendant] used as target practice” during closing arguments before DC Superior Court Judge Carmen McLean on March 18.

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 outside a home/business, 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 victim suffered from small lacerations to her face but no gunshot injuries.

During closing arguments, Curry’s defense attorney, Jonathan Love, argued that Curry fired in self defense. Love claimed the victim told Curry she was getting her gun and coming back to kill her, subsequently, Curry returned with a firearm because she believed the victim would already have one. Love maintained that Curry shot up instead of at the victim because she had, “Good self-defense presence of mind.”

The prosecution rebutted “This is not a case of self defense…[Curry] started this, escalated this, and shot.” They pointed to a 911 call from the victim and argued “Why would [victim’s name] be on the phone with 911 if she was planning on coming back and killing the defendant.” They claimed the call is proof Curry did not act in self defense because the victim was the one who called the police, not Curry.

Love asserted that “[Victim’s name] tried to dismiss, deflect, and minimize her involvement.” He claimed the victim was angry at Curry because a previous encounter with Curry at work caused the victim’s unemployment.

Prosecutors said “The victim had put the beef behind her” and maintained that Curry acted out of anger not fear and “anger doesn’t justify self defense.”

Parties will reconvene when the jury reaches a verdict.

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