Festival Shooting Defendant’s Sentence Suspended

DC Superior Court Judge Judith Pipe sentenced a non-fatal shooting defendant to one year of probation on Jan. 24.

On Nov. 4, 2024, Devin Finley, 20, pleaded guilty to carrying a pistol without license and endangerment with a firearm for his involvement in a shooting at the 1000 block of U Street, NW on June 9, 2024. No injuries were reported.

In court, the prosecution asked the judge for a sentence of six months on each count. They pointed out the incident occurred during Pride, an outdoor celebration of DC’s LGTBQ+ community, emphasizing the risk to those attending.

Defense attorney Kyle McGonigal stated Finley was celebrating his birthday and allegedly got involved in a group altercation. He mentioned Finley worked full-time and has started taking college courses.

He requested Finley be sentenced under the Youth Rehabilitation Act (YRA), which would seal the defendant’s conviction if he successfully completes all imposed requirements.

Before sentencing, Finley said he was grateful no one was seriously injured and owned up to his mistakes.

Judge Pipe acknowledged Finley’s genuine remorse and efforts to build character. Recognizing Finley’s potential for a brighter future, she granted him YRA status. He was sentenced to 12 months, with all time suspended for each charge, and one year probation for each count to be served concurrently.

Finley is also required to complete community service and register as a gun offender.

No further dates were set.

‘If You Continue to Carry the Weight of It, It Will Consume You,’ Judge Tells Mother Guilty in Her Child’s Death

DC Superior Court Judge Rainey Brandt sentenced Sasha McCoy on Jan. 24 to ten years of incarceration, suspending all but four years, and three years of probation in a residential drug treatment facility for the accidental death of her three-year-old daughter from fentanyl.

McCoy, 28, was originally charged with first-degree murder and first-degree cruelty to children following the death of Journey McCoy on Oct. 18, 2022. The incident took place at their home on the 3400 block of Stanton Road, SE.

On Oct. 15, 2024, McCoy pleaded guilty to voluntary manslaughter in exchange for the prosecution’s not seeking an indictment and dismissing all other charges in the case.

“I am truly sorry for all my actions, and I miss my daughter every day,” McCoy told the court. “I am dedicated to do good all in honor of my beautiful daughter.”

At the sentencing, the prosecution asked Judge Brandt to give McCoy ten years in prison with five years of supervised release.

“While I understand this was an accident, there have to be layers to what ‘accident’ means,” the prosecutor said.

She said the DC Child and Family Services Agency (CFSA) had been involved in McCoy’s family for years before the incident. While investigating a report that one of McCoy’s young children had consumed drugs, CFSA found McCoy’s five-year-old twins watching their one-year-old sibling while McCoy was away taking drugs.

According to the prosecutor, McCoy’s difficult childhood with a drug-addicted mother should have motivated McCoy to avoid drugs.

“She made a conscious decision to use drugs instead of saying, ‘There’s addiction in my family. I shouldn’t do that. I don’t want to do to others what was done to me,'” the prosecutor said.

The prosecutor said CFSA gave McCoy several opportunities to get drug treatment, but she didn’t take them.

“The worst part about it is that a three-year-old died because Ms. McCoy chose drugs over her kids,” said the prosecutor.

McCoy’s attorney, Camille Wagner, asked Judge Brandt to sentence McCoy to eight years in prison with all but four years suspended, a period of probation, and enrollment in the most intensive drug treatment program offered by the Federal Bureau of Prisons (BOP).

Wagner objected to the prosecutor’s assertion that McCoy made a conscious decision to choose drugs over the wellbeing of her children.

“McCoy is an addict. She’s fully addicted to the drugs,” Wagner said. “McCoy’s actions in this case, yes, they were reckless. But they were the results of the addiction that she was a victim of.”

Wagner said McCoy had seen a psychiatrist and participated in drug treatment programs before her arrest, although they were not the programs offered by CFSA. McCoy also took classes in jail.

“She has now changed. She is dedicated to working on herself and her sobriety,” Wagner said.

Wagner compared this case to another involving the death of a child, in which Judge Brandt gave a sentence of seven years with all but three years suspended. Wagner said intentional shootings often carry sentences of seven years, so ten years is inappropriate for McCoy, who had no intention to kill or harm the victim.

“She is living with the reality of her actions, and that’s a greater punishment than any the court can impose,” Judge Brandt said about McCoy.

According to Judge Brandt, McCoy’s low criminal history score indicates she should receive a sentence at the bottom of the guideline of four-to-ten years in prison.

“What the court is grappling with is why CFSA didn’t, after the first or second incident, just take those kids away from her. CFSA let those kids down. I don’t put that on Ms. McCoy because she is a self-confessed drug addict,” Judge Brandt said.

Judge Brandt told McCoy she will need to learn to forgive herself in order to have the strength to overcome her addiction and provide what her children need.

“It was a tragic mistake, but it was still a mistake. You were not in your right mind because of the drugs,” Judge Brandt said to McCoy. “If you continue to carry the weight of it, it will consume you.”

Judge Brandt said she would ask BOP to place McCoy in a facility that offers the Residential Drug Abuse Program (RDAP). She ordered McCoy to participate in grief counseling, complete the General Education Diploma (GED), and pay $100 to the Victims of Violent Crime Fund.

Judge Brandt ordered McCoy to have no contact with children under the age of 14 without supervision.

“I’m not saying you can’t see your kids, but you can’t see your kids without a competent adult supervising,” Judge Brandt said. “Right now, you are a safety hazard to your kids.”

No further hearings are scheduled in this case.

Man Pleads Guilty in Mass Shooting that Injured Seven

A mass shooting defendant accepted a plea deal extended by prosecutors before DC Superior Court Judge Danya Dayson on Jan. 22.

Jaylaun Brown, 22, was originally charged with seven counts of assault with intent to kill while armed, eight counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, and unlawful possession of a firearm, for his involvement in a mass shooting that occurred on Jan. 21, 2023, on the 1400 block of 9th Street, NW that left seven people injured.

During the hearing, the prosecution alerted Judge Dayson they had extended a plea deal, which required Brown to plead guilty to assault with significant bodily injury and unlawful possession of a firearm by a convict, in exchange for a dismissal of all other charges.

Through the deal, parties agreed that an appropriate sentence for Brown is three years of incarceration followed by three years of supervised release.

Brown’s sentencing is scheduled for April 14.

‘What Kind of Man Shoots at His Own Kids?’ Asks Victim at Sentencing

DC Superior Court Judge Carmen McLean sentenced non-fatal shooting defendant, George Thomas III, to 42 months of incarceration on Jan. 24.

On Oct. 24, 2024, Thomas pleaded guilty to assault with a dangerous weapon for his involvement in shooting at a car that was occupied by his children and their aunt on the 600 block of Maryland Avenue, NE on June 23, 2024. No injuries were reported.

“I am never going to be the same person I was before the shooting,” said the children’s aunt. Still dealing with the effects, she emphasized the emotional and mental impact the incident has had on her and their family.

She said the defendant had ample time and opportunity to walk away from the situation but chose violence. Traumatized by the domestic violence incident, the victim was in disbelief asking the judge, “What kind of man shoots at his own kids?”

Thomas’ family members were in the courtroom and registered their obvious displeasure with the victim’s account. Judge McLean warned them to keep silent during the hearing.

The prosecution requested that, despite Thomas’ having no significant criminal record, the judge sentence him to 42 months of incarceration.

The term was justified, they said, given the emotional toll on the family and the fact that the defendant chose to escalate the situation.

Elizabeth White, Thomas’ attorney, reiterated the defendant accepted responsibility for his actions and understands the severity of the crime.

Claiming that he “is extremely and extraordinarily remorseful,” White argued for six months incarceration, given that he has not spoken to his children in six months and the mother of Thomas’ children was arrested for allegedly assaulting them shortly after the incident.

Thomas apologized to the victim, claiming he had a “bad day” and is now wanting to “put himself on the right path.”

Judge McLean was apparently not convinced by Thomas’ “bad day” explanation and given the severity of the crime, sentenced him to jail for 42 month.

No further dates were set.

Shooting Defendant Sentenced to 156 Months Claims, ‘I Ain’t Get A Fair Trial’

DC Superior Court Judge Erik Christian sentenced a shooting defendant to 156 months of incarceration during a hearing on Jan. 24, as the defendant claimed the court was biased against him.

On Sept. 24, following a week-long trial, a jury convicted Calvon Brown, 31, of aggravated assault knowingly while armed, unlawful possession of a firearm by a convict, possession of a firearm during a crime of violence, and carrying a pistol without a license. The charges stemmed from his involvement in a shooting that injured an individual on March 22, 2024, on the 2600 block of Bowen Road, SE.

Following his conviction, Tammy Thom, Brown’s attorney, filed a motion to withdraw as counsel and delay the sentencing, stating their communications have deteriorated, and they face irreconcilable differences.

Brown also filed a motion for a new judge to review the case and for a new trial, arguing there was judicial bias from the court that influenced the verdict and fairness of the case.

“I ain’t get a fair case,” Brown said while detailing examples from trial he felt demonstrated hostility from the court. Brown cited issues when setting the trial date, explaining that the court’s date was not compatible with the defense counsel’s availability based on her representing another case.

Brown also complained that the victim, who is detained in an unrelated matter, was allowed to change into civilian clothing for his testimony when other inmate witnesses typically have to stay in their jumpsuits.

Additionally, Brown alluded to a hostile environment leading to a rushed and coerced verdict by the jury.

The prosecution had no response to the defense counsel’s motion to withdraw, but stated the prosecution felt the trial proceeded in a fair manner and the verdict was supported with evidence.

Judge Christian denied the claims of hostility as well as the defendant’s motions for new counsel, a new judge, and a new trial, stating that there was ample evidence to support the guilty verdict.

Furthermore, Judge Christian sentenced Brown to 132 months for aggravated assault while armed with five years supervised release that is set to run consecutively with 24 months and three years supervised release for unlawful possession of a firearm with a prior conviction.

For possession of a firearm during a crime of violence, Brown is sentenced to 108 months with three years supervised release and 32 months and three years supervised release he received for the charge of carrying a pistol without a license outside a home/business. These sentences are set to run concurrent to one another and any other sentence.

Brown will be required to register as a gun offender and pay a total of $400 to the Victim of Violent Crime Compensation fund in addition to the standing total of 156 months in confinement.

Thom said Brown would file an appeal today after the hearing.

No further dates were set.

Judge Denies Motion to Reconsider Release for Homicide Defendant

DC Superior Court Judge Jason Park denied a homicide defendant’s motion to reconsider release during a hearing on Jan 23.

Robert Carpenter, 36, is charged with voluntary manslaughter while armed for his alleged involvement in the fatal shooting of 42-year-old Tremaine Nicholson. The incident occurred on the 3400 block of 25th Street, SE on May 7, 2024.

Carpenters defense attorney, Christen Philips, submitted a motion for reconsideration of release on Jan. 16. The request outlined the defense contention that “there is no legal basis to hold him,” because the judge failed to find probable cause for second-degree murder while armed, which was the original charger. However, he found probable cause for voluntary manslaughter while armed.

Moreover, the memorandum mentions that the prosecution’s request to hold Carpenter in detention is “no longer justified” because of the Bail Reform Act, which states the judge can release a defendant if they find that sufficient conditions can be imposed to ensure the safety of the community.

Judge Park denied the motion, on the grounds it was unreasonable.

The next hearing is set for April 4.

Murder Defendant Found Competent to Stand Trial

A homicide defendant was found to be mentally competent before DC Superior Court Judge Neal Kravitz on Jan. 24.

Gerald Brevard, 33, is charged with first-degree murder premeditated while armed, five counts of possession of a firearm during a crime of violence, three counts of carrying a pistol without a license outside a home or business, two counts of unlawful possession of a firearm by a convict, two counts of assault with intent to kill, aggravated assault, mayhem, unlawful possession of a firearm with prior conviction for a crime of violence, and destruction of property worth less than $1,000 due to his alleged involvement in three incidents,

He is accused of allegedly shooting and stabbing 54-year-old Morgan Holmes on March 9, 2022 on the 400 block of New York Avenue, NE, committing a drive-by shooting on March 3, 2022 on the 900 block of Mount Olivet Street, NE which left one person injured, and a shooting on March 8, 2022, at the intersection of 17th and H Streets, NE which left one person injured.

On Jan. 21, Judge Kravitz ordered a competency evaluation for Brevard per the request of Brevard’s defense attorney, Stephen Kiersh.

During the hearing on Jan. 24, Judge Kravitz stated that the results of the screening from the Department of Behavioral Health (DBH) found Brevard mental;; competent to stand trial.

3Kiersh told the Court that they have decided not to pursue an exam for criminal responsibility and will move forward with the case.

Parties are expected to reconvene on June 20.

‘I Don’t Wanna be Labeled as a Criminal,’ Carjacking Defendant Says at Sentencing

DC Superior Court Judge Sean Staples sentenced a carjacking defendant to 84 months, with all but 60 suspended, on Jan. 23.

On Dec. 15, 2023, Marquis Funderburk, 22, pleaded guilty to unarmed carjacking for his involvement in an incident at the 2400 block of 9th Street, NW, on May 16, 2022.

During the hearing, the prosecution noted Funderburk’s GPS monitoring from a robbery case for which he was on release at the time of the incident, and his failure to identify the alleged co-conspirator as reasons to impose a consecutive sentence with his robbery conviction.

Albert Amissah, Funderburk’s attorney, introduced evidence of Funderburk’s growth and development through inmate programs. He requested Funderburk be sentenced under the Youth Rehabilitation Act (YRA), which allows a defendant’s conviction to be sealed if they successfully complete all sentencing requirements, making his time served concurrent with his previous case. He further argued that Funderburk felt threatened not to implicate his alleged co-conspirator while incarcerated.

Funderburk said he wanted to be “sentenced as the man he was today and not the man he was at [his] arrest.” He wants to be a role model for his younger brother and he asked that the judge acknowledge his ability to “stay on the right path – I don’t want to be labeled as a criminal.”

Judge Staples granted the YRA, suspending all but 60 months of his 84 month sentence. However, he did not grant Funderburk’s request to serve his sentences concurrently. He cited refusing to implicate his alleged co-conspirator as the primary reason.

No further dates were set.

Homicide Victim’s Close Friend Testifies in Trial

A homicide victim’s best friend testified about their plans on the day of his death before a jury in DC Superior Court Judge Jason Park’s courtroom on Jan. 23.

Ronald Wallace, 48, and DeAngelo Glover, 30, are charged with first-degree murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm, for their alleged involvement in the fatal shooting of 34-year-old Tyrone Wright on Jan. 19, 2021 on the 3700 block of Hayes Street, NE.

Wallace is additionally charged with carrying a pistol outside of home or business.

During the hearing, prosecutors called on Wright’s friend, who had spent part of the day with him, and testified Wright was “like a brother to me.”

The witness said Wright was a close childhood friend, that they were known to hangout in the neighborhood where the homicide occurred. He testified Wright’s loss has impacted him and their community.

The witness testified he and Wright were in his car when Wright stepped out to take a call. According to the witness, he heard “a few gun shots,” but didn’t see who shot them or where they came from.

Wright’s friend told the jury he sped away from the scene, and realized Wright had been injured when he returned later in the day.

The friend testified he had seen “Ronnie,” who he identified as Wallace in the courtroom, at the scene, but had not seen who shot Wright.

The trial is set to reconvene on Jan. 27.

Judge Grants Trial Delay For Defense Competency Evaluation

Waiting for a defendant’s competency evaluation and its results, DC Superior Court Judge Rainey Brandt granted a defense’s motion to delay a trial date on January 23.

James Petticolas, 40, is charged with assault with intent to kill while armed, two counts of assault with a dangerous weapon, second-degree burglary while armed and destruction of property less than $1000 for allegedly stabbing a male victim in the back on the 1400 block of North Capitol Street, NW on May 10, 2024.

According to court documents, an individual, identified as Petticolas, entered a store and got into an argument with the victim, who was a cashier. He allegedly left and returned with a knife, chasing the victim around the store and stabbing him in the back before attempting to flee.

At the hearing, Marnitta King, Petticolas’ defense attorney, stated an expert witness is assessing Petticolas for competency and criminal liability. King requested more time to receive results, as not guilty by reason of insanity is being considered as a possible defense.

Parties will reconvene on Feb. 6 to receive updates from defense counsel.

Opening Statements, First Witnesses Testify in Shooting Case

Parties delivered opening statements in a homicide before DC Superior Court Judge Jason Park, on Jan. 22.

Ronald Wallace, 48, and DeAngelo Glover, 30, are charged with first-degree murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm, for their alleged involvement in the fatal shooting of 34-year-old Tyrone Wright. Wallace is additionally charged with carrying a pistol outside of home or business. The incident occurred in an apartment complex on the 3700 Block of Hayes Street, NE, on Jan. 19, 2021.

During opening statements, the prosecution showed surveillance footage from cameras in the apartment complex to the jury. The prosecutor claimed that this case was an act of retaliation. Wallace allegedly believed that Wright was responsible for the death of Wallace’s brother, Marcus Wallace, in November 2020.

Furthermore, the prosecution alleged that Wallace shot Wright first, followed by Glover coming out from the apartment complex to fire more shots.

Camille Wagner, representing Wallace, claimed that the prosecution has “zero credible evidence” that Wallace was the shooter. Out of the witnesses only one was present during the shooting. This witness merely places Wallace at the scene, Wagner insisted.

Wagner further cited that an individual was charged in the murder of Marcus Wallace other than Wright, which undermines retaliation as a motive.

Christen Philips, representing Glover, stated that Glover had no idea that someone was about to shoot Wright, claiming that Glover remained in the apartment complex and only went out of the building once shots were fired to check on where he last saw family and friends.

Philips alleged that Glover came upon the shooter, firing several shots as the individual ran away.

The prosecution called an expert witness to review the use of ShotSpotter technology in this case. MPD utilizes this system to identify possible gunshots in the DC area. They played several audio recordings collected by ShotSpotter in the vicinity of the shooting for the witness to examine.

The trial will resume on Jan. 23.

Judge Denies Stabbing Defendant’s Transfer to St. Elizabeths Mental Hospital

DC Superior Court Judge Andrea Hertzfeld denied defense attorney Seth Schrager’s request for a stabbing defendant to be transferred to St. Elizabeths Hospital for observation on Jan. 22.

Davon Hodge, 28, is charged with aggravated assault knowingly, carrying a pistol without a license outside of a home or business, and unlawful possession of contraband into a penal institution for his alleged involvement in the stabbing of an incarcerated individual at the DC Jail on the 1900 block of D Street, SE on Jan. 18, 2023.

During the hearing, Schrager requested a transfer for Hodge to St. Elizabeths Hospital for psychiatric treatment, arguing that further evaluation was necessary to know if Hodge was mentally competent to stand trial.

The prosecution opposed this request, given that prior reports repeatedly showed competency. Judge Hertzfeld alerted the parties that she had reviewed a report submitted by a psychologist from St. Elizabeths Hospital, in which Hodge was found to be competent, and no further treatment from St. Elizabeths is necessary.

Based on that information, Judge Hertzfeld denied the transfer.

The next hearing is set for April 3.

Carjacking Defendant Requests Release Modification

DC Superior Court Judge Andrea Hertzfeld ordered a defense attorney to file a request for their client’s release in writing during a hearing on Jan. 22.

Dale Benjamin, 37, is charged with armed carjacking and possession of a firearm during crime of violence for his alleged involvement in a carjacking on the 4400 block of Bennington Road, SE at 2:30 am on Sept. 15, 2024.

Clarence Powell, Benjamin’s attorney, claimed that the stigma of having to wear a GPS monitor has hindered Benjamin’s ability to hold steady employment.

Judge Hertzfeld requested that the defense file the motion in writing by Jan. 28, with the prosecution having until Feb. 10 to submit their response.

While this process is underway, plea negotiations amongst the parties will continue. No plea offer has been extended, but the prosecution does anticipate the extension of an offer.

All parties are to reconvene on March 11.

Defense Attorney Claims ‘Critical’ Evidence Could Dismiss Stabbing Case

A stabbing defendant’s attorney told DC Superior Court Judge Renee Raymond she had knowledge of “critical information” that could lead to a dismissal of the case, during a preliminary hearing on Jan. 22.

Crevante Holt, 54, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing incident that injured him on the 1400 block of Fairmont St, NW, on Sept. 20, 2024.

According to court documents, police arrived on the scene and found Holt unarmed and bleeding from a stab wound. Initially, he was thought to be the victim, but that was later changed when a witness reported hearing the actual victim say “This guy is trying to stab me!” as he fled the scene.

Holt’s defense attorney, Lisbeth Sapirstein, hinted at new evidence that could exonerate her client. “He never had the knife,” she said.

Judge Raymond delayed the preliminary hearing, allowing the prosecution to ensure their witness could make it to the hearing. Sapirstein said she would disclose the evidence at the hearing.

Parties are slated to reconvene Feb. 5.

Judge Finds Probable Cause in Murder Case, Grants Defendant Release

DC Superior Court Judge Danya Dayson found probable cause that a defendant was the perpetrator in a homicide during a Jan. 22 hearing but released him conditionally.

Alfred Paulino-Del Rosario, 21, is charged with second-degree murder while armed for his alleged involvement in a shooting that killed 21-year-old Jhonathan Guzman Hernandez on Dec. 30, 2022 on the 1400 block of Clifton Street, NW.

Guzman Hernandez was located at the 2400 block of 15th Street, NW, suffering from multiple gunshot wounds.

Prosecutors contended that Paulino-Del Rosario partnered with another suspect during the incident, suggesting a conspiracy between the two.

While it remains unclear who delivered the fatal shot, prosecutors sustained that Paulino-Del Rosario actively participated in the victim’s death, and demonstrated clear intent to kill the victim. Prosecution played and reviewed video footage of the incident to assist her argument and stressed the fact that Paulino-Del Rosario fired the first shot.

However, defense attorney Molly Bunke, asserted that Paulino-Del Rosario’s mental state must align with that of the second suspect for him to be considered guilty of second-degree murder. Bunke emphasized the fact that there is no evidence that suggests that Paulino-Del Rosario shared the same intent to kill or inflict serious bodily injury as the other suspect.

After a lengthy debate, the judge ultimately ruled that there was sufficient probable cause to move the case forward. Following the ruling, Bunke requested Paulino-Del Rosario’s release, which the court granted under the conditions that he remains in 24-hour home confinement and follows a stay away-no contact order prohibiting contact with witnesses.

Parties are slated to reconvene March 7.

Search