Judge Sentences Shooting Defendant to 48 Months

DC Superior Court Judge Jason Park sentenced a non-fatal shooting defendant to 48 months of incarceration on Jan. 23.

On Nov. 15, 2024, Torrence Wimbish, 21, accepted a plea deal that required him to plead guilty to assault with a dangerous weapon and carrying a pistol without a license outside a home or place of business for his involvement in a non-fatal shooting that occurred on Feb. 11, 2024 on the 1300 block of Alabama Avenue, SE. No injuries were reported.

The prosecution argued that the defendant committed a serious offense shooting into a crowd of unknown bystanders and proposed a 51-month sentence.

Edward Joseph, the defendant’s attorney rebutted the prosecution’s recommendation, suggesting 13 months of incarceration, stating that Wimbish now understands “he needs to act as a grown man.”

“I am remorseful… I am grateful nobody got hurt,” said Wimbish to the Court. According to the defense, Wimbish has a history of mental health problems and cognitive limitations.

Judge Park stressed that the sentence imposed on Wimbish would reflect the severity of the crime. Thus, Wimbish was sentenced to 48 months of incarceration for assault with a dangerous weapon and 12 months for carrying a pistol without a license, which will run concurrently. Along with this sentence, he ordered Wimbish to pay $200 to the victim crime fund and register as a gun offender.

No further dates were set.

DC Courts Face Crisis Waiting For Judicial Appointments, Says Chief Judge and Attorneys

As the new Trump administration takes shape, the District continues to wait anxiously for Congressional action to fill the longstanding void of Superior Court judges.

Meanwhile, in a rare moment of agreement, DC judges, prosecutors and defense lawyers are warning the situation has reached crisis proportions in terms of the effective administration of justice.

“If you are incarcerated and charged with a ‘felony one’ offense, you could be waiting years,” said Todd Baldwin, head of the Superior Court Trial Lawyers Association which handles most indigent client cases that come before the court.

In a November letter to outgoing Senate Majority Leader Chuck Schumer (D) last year, Milton Lee, the new chief judge of the DC Superior Court, called for urgent action to fill current and upcoming vacancies on the bench.

Lee, along with his counterpart on the DC Court of Appeals, Chief Judge Anna Blackburne-Rigsby, noted that even though a full complement of judges on the Superior Court is 62, there are nine vacancies, two pending retirements and two on medical leave.

One slot has been in limbo since 2011. DC Judges have to be appointed by the president and confirmed by the U.S. Senate.

“T]he historically high number of vacancies puts an unsustainable strain on caseloads, disposition times, parties, and the public servants at the heart of the Courts,” wrote Judge Lee.

Judge Lee declined to comment about the impact of the judicial shortfall on court operations as a whole.

While his duties are largely administrative, a post on the official DC Bar website says because of the judicial crisis Judge Lee will continue to hear cases.

Underscoring the problem, Judge Lee was assigned a Jan. 15 hearing on the widely publicized Cydrisse Alvin case. She was convicted in 2013 of stabbing her next door neighbor to death. The matter has dragged on more than a decade through appeals after she was sentenced to 35 years for the crime.

Again in 2024, the DC Superior Court’s urgent calls for more judges went largely unanswered. Ten nominees up for federal approval were left languishing and disappointed DC officials are trying to figure out how to deal with the aftermath.

One criminal defense lawyer said, “Until someone is convinced to address the shortage, it’s going to be a squeeze.” The attorney, who spoke to D.C. Witness on the condition of anonymity, says court delays are “as bad as he’s seen” in more than forty years in practice and “it’s about to get much worse.”

Part of the problem, according to the attorney, is that in a push for more prosecutions many more cases are being “papered,” meaning set for trial.

Meanwhile, D.C. Witness data shows that in 2023 and 2024 most homicide and non-fatal shooting cases that started on Jan.1 or later were unresolved by year’s end.

For 2024:

– NFS: 45 out of 124 cases received a disposition within 1 year (39.5%)

– Homicide: 9 out of 47 cases received a disposition within 1 year(19.1%)

For 2023:

– NFS: 12 out of 94 cases received a disposition within 1 year (12.8%)

– Homicide: 4 out of 102 cases received a disposition within 1 year(3.9%)

Thousands of cases postponed during the pandemic created a significant judicial backlog resulting in the low rate of arraignment to final disposition cases in 2023. Many other factors besides the availability of trial judges affect adjudication and each case is different. Still, the backlog amounting to some 4,000 cases bears witness to what many are calling a crisis on the bench,

“We are seeing the greatest harm in the courtrooms that hear homicide cases where trial dates are being set in late 2025 and throughout 2026, in part because of judicial vacancies,” said the US Attorney’s Office in a statement to D.C. Witness.

While many may think of the modern DC Superior Court created in 1970 as strictly a venue for criminal proceedings, its responsibilities extend far beyond the courtroom doors into community-wide issues like juvenile delinquency and landlord-tenant disputes.

“It has real impact on both the pace of decision making and resolution of matters that have high significance to the people of the District of Columbia,” said Misty C.Thomas Zaleski, executive director of the Center for Court Excellence, which monitors the court and advocates for a fairer criminal justice system.

Nonetheless, the Senate adjourned in December without a vote on DC’s remaining judicial candidates, meaning the process will have to start all over again when Congress reconvenes.

“It is really at the Senate level, either in committee or deeply at the Senate floor, where our problems lie,” says Thomas Zaleski.

Whatever the reasons for the impasse, frustration at the Superior Court is palpable.

“We have not been this close to really and truly addressing the long-standing judicial vacancy crisis that has plagued the DC Courts for nearly a decade, until now – and to be this close – and not get this done – would be a real travesty,” said DC Superior Court spokesman Doug Buchanan in a statement to D.C. Witness.

Except for the most serious crimes, all other cases must come to trial within 100 days of arrest. Still, there’s no deadline on when they will finish and justice delayed could ultimately amount to justice denied.

Defendant Pleads Guilty in Homicide of 18-Year-Old

A homicide defendant entered a plea of guilty before DC Superior Court Judge Jason Park on Jan. 22.

Dohn Harmon, 25, was originally charged with first-degree murder premeditated while armed, three charges of possession of a firearm during a crime of violence, and two charges of assault with intent to kill while armed, for his involvement in the fatal shooting of 18-year-old Kelvin Goggins. The shooting occurred on July 1, 2020 on the 1800 block of Q street, SE and was said to be retaliation for the murder of Harmon’s friend.

During the hearing, the prosecution alerted Judge Park they had extended a plea deal, which required Harmon to plead guilty to voluntary manslaughter while armed in exchange for a dismissal of all other charges.

The terms of the plea state that Harmon must register as a gun offender in the first 48 hours after release, and pay $100 to Victims of Violent Crimes Fund.

Parties are slated to reconvene for sentencing on March 28.

Attorney Cites Conflict of Interest in Motion to Withdraw from Murder Case

DC Superior Court Judge Neal Kravitz delayed a homicide trial slated to begin on Jan. 22, and requested more information from a defense counsel–that in regards to a motion to withdraw as attorney due to a conflict of interest during a hearing on Jan. 21.

Ernest Cleveland, 31, is charged with first-degree murder while armed, assault with intent to kill, aggravated assault knowingly while armed, three counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in the fatal shooting of 39-year-old Edward Pearson on Nov. 26, 2020. The incident occurred on the 2900 block of Connecticut Avenue, NW.

On Jan. 19, Madelyn Harvey, Cleveland’s attorney, filed a motion to withdraw from the case, stating Laura Hankins, the General Counsel for the DC Public Defender Service (PDS) determined Harvey was in a conflict of interest situation.

During the hearing, Hankins testified about the issue under seal before Judge Kravitz after the courtroom was cleared.

After an extensive consultation, Judge Kravitz alerted the prosecution the trial, previously scheduled for Jan. 22, would be delayed to give Cleveland a chance to decide if he wants to assert or waive the conflict of interest option. Hypothetically, a lawyer representing a client in a related matter might learn information that could affect the outcome of either case. Thus, an unresolvable conflict of interests.

Judge Kravitz appointed Daniel Dorsey as an independent conflict counsel for the case, as the prosecution expressed frustration about the issue emerging so close to the trial date. They deemed the timing suspicious due to multiple opportunities this conflict could have been flagged sooner.

The next hearing is set for Jan 23.

Homicide Defendant Denied Release Pending Retrial

DC Superior Court Judge Todd Edelman denied a homicide defendant’s request for release on Jan. 22.

Rafael Stevens, 40, is charged with voluntary manslaughter and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 50-year-old Aniekobo Umoh on the 2700 block of 7th Street, NE on Dec. 29, 2022.

On Nov. 15, 2024, a jury convicted Stevens of unlawful possession of a firearm, but was unable to reach a conclusion on the homicide charge.

On Dec. 13, Jason Tulley and Varsha Govindaraju, Stevens’ attorneys, filed a motion for bond review, arguing that because Stevens has no prior violent convictions, was acquitted of the most serious charges against him, and was well-supported by the community, he should be placed on house arrest pending his next trial.

Judge Edelman denied the request because Stevens’ current charges occurred while he was on supervision for a prior felony conviction. The judge stated he believes that the defendant’s record works against him.

Judge Edelman set a further felony status conference for Jan. 31.

Judge Chides Parties For ‘History of Dragging’ in Stabbing Case

Following new discoveries being shared between parties, DC Superior Court Judge Heidi Pasichow expressed disappointment in both parties’ repeated failure to comply with the scheduling for the trial after the jury trial had to be rescheduled on Jan. 21.

Christopher Cary, 36, is charged with aggravated assault knowingly while armed, assault with a dangerous weapon, and threat to kidnap or injure a person. These charges are related to his alleged involvement in the stabbing of an individual on Feb. 29, 2024 at the 3600 block of 16th Street, NW. The victim sustained lower back injuries during the incident.

Cary’s attorney, Janai Reed, filed a motion the day before trial to suppress evidence relating to Cary’s identification forcing the prosecution to respond in time for the trial date.

During the hearing, Reed argued she filed the motion late because the prosecution had failed to provide key evidence until the day before trial following a pattern of limiting document access. However, the prosecution insisted that all documents had been provided to the defense as quickly as possible, charging the defense of a last minute filing.

Judge Pasichow insisted on a firm trial date warning both parties they have “history of dragging,” following multiple vacated hearings and issues with evidence. She ordered that the prosecution must provide their opposition to the motion to suppress identification by Jan. 24, with each party promising nothing else will be filed.

The prosecution also requested a Spanish interpreter for a witness.

Parties are slated to reconvene Feb. 3.

Errant Prisoner Transfer to Kentucky Delays Homicide Case

DC Superior Court Judge Neal Kravitz was surprised to learn that a homicide defendant was in Kentucky due to an error in judicial scheduling during a hearing on Jan. 21.

Erin Sheffey, 28, is charged with second-degree murder while armed, three counts of possession of a firearm during a crime of violence, and two counts of assault with a dangerous weapon for his alleged involvement in the shooting of Kwiyon Maddox, 32, on Aug. 15 2021. The incident occurred on the 2100 block of 16th Street, SE.

Sheffey was sentenced last week in connection to a separate federal matter and released to the Bureau of Prisons (BoP) to be transferred instead of being returned to the DC Jail to await further proceedings in connection to the local charges

The prosecution stated it was expecting to soon share a pending plea offer that would be a concurrent sentence with the defendant’s federal sentence. Prosecution stated it will leave the plea offer open to the defense for 90 days to have time for the defendant to be extradited back to DC.

The parties are slated to reconvene on April 18.

Defendant Rejects Plea Deal in Jail Stabbing

A stabbing defendant rejected a plea deal extended by prosecutors before DC Superior Court Judge Errol Arthur on Jan. 22.

Bernard Eddy, 25, is charged with assault with a dangerous weapon, unlawful possession of contraband into a penal institution, and carrying a dangerous weapon, for allegedly stabbing another inmate at the DC Jail, on the 1900 block of D Street, SE, on March 29, 2023.

According to court documents, the victim was treated for non-fatal injuries at Howard University Hospital. Video surveillance evidence shows an individual, identified as Eddy, and the victim when the victim appears to strike Eddy, and a fight ensued. During the altercation, Eddy allegedly pulled a sharp metal object from his waistband and slashed the victim.

During the hearing, the prosecution alerted Judge Arthur they had extended a plea deal, which required Eddy to plead guilty to assault with a dangerous weapon in exchange for a dismissal of all other charges.

Eddy rejected the deal and pleaded not guilty.

A trial date was set for June 30.

Judge Finds Probable Cause in Spite of Imperfect Self-Defense Claim

DC Superior Court Judge Todd Edelman found probable cause in a shooting homicide on Jan. 21 even though the defense argued there was a limited claim of self-defense.

Tyquan Jennings, 26, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 19-year-old Vonte Martin and injury of another person on the 3000 block of Stanton Road, SE on Aug. 19, 2024.

During the hearing, the prosecution played a cell phone video recovered from an anonymous tip capturing the incident. The lead detective testified that multiple witnesses identified the suspect as Jennings to the Metropolitan Police Department (MPD) and in the video the suspect allegedly exchanged words with the victim–that before he is said to swung at Jennings immediately prior to the shooting.

The detective also testified that Martin was shot twice but police didn’t find a weapon.

Nathaniel Mensah, Jennings’ attorney, argued the incident was an example of imperfect self defense–an honest but unreasonable belief that the defendant was acting in self-defense– adding that a punch from the victim could have been a “one punch case” rendering the Jennings unconscious. Mensah also cited a history of frequent fights between the victim and defendant, and noted that a witness told MPD that Martin always won these fights.

Mensah questioned the truthfulness of information obtained from a witness’ phone in that it had to be obtained by a search warrant instead of provided voluntarily. The detective testified the witness was not necessarily untruthful but “uncooperative”. The defense intends to refile a motion for evidence exculpatory to the defense.

The prosecution argued against Jennings’ release, based on his prior contact with law enforcement including two pending cases, one involving a firearm.

Mensah asked for Jennings’ release on home confinement and GPS monitoring based on his new living situation and that his other cases were self-defense.

Judge Edelman ruled that Jennings probably committed the crime based on his alleged presence in the video and witness identification. The judge acknowledged Mensah’s self-defense argument but stated there is no direct evidence the victim was armed or that there was justifiable motive.

Judge Edelman held Jennings with no bond.

The next hearing is scheduled for Feb. 21.

Judge Issues Warrant For Missing Shooting Defendant

DC Superior Court Judge Jennifer Di Toro issued a bench warrant for a shooting defendant after he failed to appear in court again for a hearing on Jan. 21.

On March 29, 2023, James Young, 56, pleaded guilty to attempted robbery and carrying a pistol without a license for his alleged involvement in a shooting at a WAWA store on the 1200 block of Wisconsin Avenue, NW, on Aug. 30, 2022.

Since his sentencing on June 15, 2023, Young has had multiple probation violations, with Judge Di Toro re-sentencing him on Oct. 18, 2024. His probation was revoked following his arrest in connection to a different incident.

Despite not showing up in court on Dec. 12, 2024, Judge Di Toro granted a defense request to continue the case. The judge ordered the defendant to come to court on Jan. 21 for a probation show cause hearing, to discuss his alleged probation violations.

However, Young did not show up and, as a result, Judge Di Toro issued the warrant. The defendant has been a no-show before after a bench warrant on March 20, 2024.

Parties are slated to reconvene when Young is in custody.

Homicide Defendant ‘Non-Compliant, ‘ Case Delayed

DC Superior Court Judge Todd Edelman again delayed a homicide defendant’s motion hearing after he refused to appear in court on Jan. 22.

Ethan Cunningham, 22, is charged with first-degree murder while armed, three counts of murder while armed felony murder, assault with intent to kill while armed, kidnapping while armed, first-degree burglary while armed, seven counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside the home, and attempted robbery while armed. The defendant was allegedly involved in the fatal shooting of 38-year-old James Curtis on the 2600 block of Stanton Road, SE on May 10, 2022.

Cunningham didn’t show up for the proceeding after arriving at the courthouse. He was referred to as “non-compliant” according to the U.S. Marshal’s office and requested to go back to jail. As a result, his defense attorneys, Thomas Healy and Lisbeth Sapirstein, asked to delay the case until Cunningham agreed to be present.

The prosecution stated that Cunningham has a history of not appearing in court.

Judge Edelman asked what the prosecution wants if the defendant doesn’t appear at the next hearing. The prosecution asked for a warning—if Cunningham continues to not come to court, the case can proceed without him.

Judge Edelman said that if Cunningham’s lack of cooperation continues for the rescheduled Jan. 23 motion hearing, the court will take action.

Defendant Pleads Guilty in Non-fatal Shooting

A shooting and assault defendant accepted a plea deal before DC Superior Court Judge Andrea Hertzfeld on Jan. 13.

Stephan Ombolo, 27, is charged with two counts of assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, and carrying of a pistol without license outside of a home or business. The charges stem from his alleged involvement in a non-fatal shooting that occurred on the 400 block of Newton Place, NW, on March 26, 2024. One person sustained injuries during the incident.

During the hearing, Hannah Akintoye, Ombolo’s attorney, alerted the court of his intent to accept a plea deal, which would require him to plead guilty to assault with a dangerous weapon and carrying of a pistol without license outside a home or business, in exchange for dismissal of all other charges.

Parties are slated to reconvene on March 21 for sentencing.

Defendant Waives Right to Independently Test DNA Evidence in Homicide Case

A homicide defendant waived his right to independently test DNA evidence on Jan. 17, in front of DC Superior Court Judge Rainey Brandt at a status hearing.

Demonte Gibson, 27, is charged with premeditated first-degree murder, assault with a dangerous weapon, assault with intent to kill while armed, three counts of possessing a firearm during a crime of violence, conspiracy, and destruction of property for his alleged involvement in the fatal shooting of 34-year-old Delonte King in the 2800 block of 14th Street, NW on Nov. 3, 2021.

Gibson is charged alongside his two co-defendants Tre’quan Nelson, 23, and Asani Forte, 26. Both already waived their right during a hearing on Nov. 1, 2024.

Judge Brandt was satisfied that Gibson’s decision was given freely and voluntarily.

Evidence that can no longer be tested by Gibson includes 25 cartridge casings, a knife, various pieces of clothing, two projectiles, and guns recovered from Gibson’s apartment. From King’s autopsy, they waived their right to test a blood card, fingerprints, and a bullet fragment that was lodged in King’s brain.

Parties are slated to reconvene Feb. 28.

Defendant Sentenced to 13 Years, Six Months, Following Manslaughter Plea

DC Superior Court Judge Rainey Brandt sentenced a defendant to 13-and-a-half years for his involvement in manslaughter on Jan. 17.

On Aug. 2, 2024, Delonte Jackson, 25, pleaded guilty to voluntary manslaughter while armed for his involvement in the fatal shooting of 44-year-old Artavarn Wagner on March 3, 2022, on the 1700 block of Gales Street, NE.

Through the deal, the parties agreed to a sentence of 13-and-a-half years of imprisonment.

Megan Allburn, Jackson’s attorney, argued for leniency based on the Youth Rehabilitation Act (YRA), which allows for a young defendant’s conviction to be sealed if they successfully complete all sentencing requirements. She mentioned Jackson’s troubled childhood and learning challenges, as well as a severe brain injury that came to light after he was arrested.

Allburn stressed that Jackon is a different person than he was when he committed the crime, citing his remorse for the victim and his family. Becoming a parent has also changed his appreciation for human life.

“I’m deeply sorry that we’re even here and that Delonte is on that side of the fence. I could make all these excuses but I do not want to take away from that,” Jackson’s mother stated. “He made a bad decision and that does not determine his future.”

The prosecution called Wagner’s aunt, who raised him since childhood and considered herself his mother, to comment on the sentencing. She argued Jackson had no regard for human life and expressed remorse only after he was caught, pressing Judge Brandt to give him a longer sentence to keep him from killing again.

“[Jackson] thought it was a joke. He thought taking someone’s human life was fun,” Wagner’s aunt said.

The prosecution also asked the court to reject the request for a sentence under the YRA, and take all evidence including the DNA evidence, cameras, and GPS records into account.

Judge Brandt, rejecting the request for the YRA, told Jackson that her sentence would have been much stronger if both parties had not agreed to the specific sentence through the deal. As part of his sentence, Jackson must register as a gun offender.

“Even young children know the difference between right and wrong. No one held a gun to your head and told you to jack a car and then shoot the car’s owner,” Judge Brandt said.

No further dates were set for the case.

Judge Waives Prelim Hearing, Denies Release in ‘Incredibly Disturbing’ Incident

DC Superior Court Judge Renee Raymond accepted a stabbing defendant’s waiver of his right to a preliminary hearing, and denied his release during a Jan. 21 hearing.

Michael Hudley, 56, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that injured one individual on Jan. 15 at the 3000 block of Martin Luther King Jr. Avenue, SE. The victim sustained injuries to their lower back.

Hudley’s attorney, Carrie Weletz, alerted Judge Raymond that Hudley wished to waive his right to a preliminary hearing, and requested his release, emphasizing his non-violent nature and severe medical issue that confine him to a wheelchair.

The prosecution opposed the request, highlighting Hudley’s previous criminal charges including carrying a pistol without a license and a misdemeanor drug case.

Judge Raymond described the incident stemming from a disagreement “over five dollars” as “incredibly disturbing”, ultimately deciding that the presumption for detention had not been rebutted and denying Hudley’s release.
Hudley’s next hearing is scheduled to appear before DC Superior Court Judge Heidi Pasichow for February 18.

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