Evidence of Gang Affiliation Hangs on Judge’s Ruling in a Homicide

DC Superior Court Judge Maribeth Raffinan delayed her ruling on a motion to allow the prosecution to present evidence connecting a murder defendant to a gang during a hearing on Nov. 4.

Tony Morgan, 31, is charged with first-degree murder while armed with aggravating circumstances, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and conspiracy, for his alleged involvement in a shooting incident on the 3500 Block of Wheeler Road, SE, on Oct. 20, 2018, which resulted in the death of 19-year-old Malik McCloud.

During the hearing, the prosecution filed a motion to introduce evidence that proves Morgan’s involvement in a gang, which Morgan allegedly identified as the Solid Gang on social media.

Prosecutors produced an image of Morgan holding a substantial amount of money and also wording that references robbing an entity and his disdain for law enforcement, including “F*** the cops.” .

The prosecution insisted that the aforementioned image, along with numerous other photos and stills that reference his alleged involvement with the gang and his disdain for police, proves their argument.

Morgan’s defense counsels, Megan Allburn and Steven Kiersh, objected to the motion.

Kiersh stated the text referencing robbing an entity is hearsay due to the fact that Morgan was never charged with robbery. Furthermore, he stated that the text that can be found in all the pictures is far too profane for the jury and heavily prejudicial.

Allburn added the picture in question was not posted with Morgan’s account, but was rather posted by Martinez Raynor, 24, who was previously severed as a co-defendant from Morgan’s case.

Judge Raffiinan stated she will rule on the matter at the next hearing.

The defense also stated that an individual, who was allegedly connected to the firearms used in the murder, is being called as a witness for the defense but there is a potential Fifth Amendment question of self-incrimination that could arise since he is charged with gun crimes used in the killing.

Allburn and Kiersh requested the witness be brought in with his attorney to discuss his potential testimony.

Parties are slated to reconvene on Nov. 6.

Judge Allows Defendant to Split Time Between His Home and His Sister’s

DC Superior Court Judge Maribeth Raffinan allowed a stabbing defendant to split his time on release between his own house and his sister’s in a Nov. 5 hearing.

Herbert Young, 41, is charged with assault with intent to kill while armed of a senior citizen, aggravated assault knowingly while armed of a senior citizen, assault with a dangerous weapon of a senior citizen, and carrying a dangerous weapon outside his home, for his alleged involvement in a non-fatal stabbing that occurred on Feb. 4, 2023, on the 2500 block of N Street, SE.

The victim was hospitalized in critical condition with nine stab wounds, including one to the neck

According to court documents, on the day of the incident, the suspect, later identified as Young, went to the victim’s apartment allegedly to stab him. The victim’s girlfriend said she witnessed the attack and she positively identified Young as the individual who stabbed the victim.

During a hearing on Oct. 22, Hannah Claudio, Young’s attorney, requested Judge Raffinan dismiss Young’s curfew in order to allow him to split his time between his own home and his sister’s house.

Judge Raffinan previously delayed ruling on the motion in order to let a representative from the Pretrial Services Agency (PSA) figure out if it would be possible for PSA to monitor a defendant in two different addresses.

In today’s hearing, PSA stated they are able to do so, as long as Young alerts them where he plans to spend the night 24 hours in advance.

The prosecution opposed the request, arguing they are concerned it will raise the likelihood that the victim and his girlfriend will run into Young in the community. The prosecution stated the victim moved out of the home in which the attack occurred, and now lives in close proximity to Young’s sister.

“It is your obligation to stay away from them,” Judge Raffinan told Young, adding that if he sees them out in the community he is required to walk the opposite direction.

Parties are slated to reconvene Nov. 18.

Witness Testifies Victim Was ‘Being Held Captive,’ by Boyfriend in Stabbing Case

A witness in a stabbing case testified the victim was “being held captive” by her boyfriend in a jury trial before DC Superior Court Judge Rainey Brandt on Nov. 4.

Devan Green, 30, is charged with assault with intent to kill while armed, kidnapping while armed, kidnapping while armed against a minor, aggravated assault knowingly while armed, assault with a dangerous weapon and simple assault for his alleged involvement in a domestic stabbing incident that occurred on Sept. 19, 2023 on the 500 block of 58th Street, NE.

One individual sustained severe injuries throughout her body during the attack.

Prosecutors called a family friend of the victim who testified that he saw Green try to snatch the victim’s phone from her hand during a FaceTime call the victim made to her sister, who was at her parent’s house, while the family friend was in the room. Subsequently, when he arrived at the victim’s apartment and was unable to get inside he began calling 911.

There were six total 911 calls made during the incident.

During the third call, the family friend said that the victim was “being held captive” by her boyfriend.

Prosecutors then called the victim’s sister who arrived at the apartment after receiving a FaceTime call from the victim. The family member testified that she saw the victim at a window before watching the Green allegedly grab her forcefully by the arm and drag her away.

The sister testified that she heard the victim say “He’s got a weapon,” and saw a knife with a red handle on the lawn outside the victim’s apartment window.

Prosecutors called the victim’s father, who testified that he wanted to “solve this before we get the police involved.” He testified after Green refused to open the apartment door he attempted to kick the door down.

He testified that the victim was in the hospital for one to two weeks following the incident, and could not walk without assistance after being discharged.

Parties are slated to reconvene on Nov. 5.

Document: MPD Arrests Juveniles in Armed Carjackings

The Metropolitan Police Department (MPD) announced the arrest of 16-year-old Antonio Gaither and 17-year-old Derrick West, who are charged with multiple counts of armed carjackings for incidents that occurred between Sept. 17 and September 30 in various blocks around the district. Additionally, 31-year-old Malcolm Demus is charged with unauthorized use of a vehicle and credit card fraud.

Document: MPD Investigating Savannah Terrace Homicide

The Metropolitan Police Department (MPD) is investigating the fatal shooting of 25-year-old Lorenzo Campbell Jr. that took place on Nov. 3, on the 2100 block of Savannah Terrace, SE. Upon responding to reports of gunshots, officers discovered Campbell, who was transported to the hospital where he was pronounced dead.

Jury Acquits Shooting Defendant on All Charges

A jury delivered a not-guilty verdict on all 11 charges in a mass shooting case that resulted in one death and three injuries before DC Superior Court Judge Robert Okun on Oct. 30.

Juan Peterson, 34, was charged with first-degree murder while armed, three counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, two counts of accessory after the fact while armed, and second-degree cruelty to children.

The charges related to Peterson’s alleged involvement in a May 15, 2021 mass shooting, on the 3900 block of Minnesota Avenue, NE, that killed 28-year-old Lester Howard, and injured three other individuals.

Throughout the trial, the prosecution argued that Peterson was driving his car down Minnesota Avenue and stopped short of a red light. The shooter ran up to the passenger side of the vehicle, reached in to grab Peterson’s firearm, and opened fire on the sidewalk, killing Howard and injuring three other victims. The shooter then returned to the car, got in, and Peterson drove away.

According to Peterson, during his testimony, he had no knowledge or intention in the shooting and believed that he was going to make a drug deal with the individual he stopped to meet with. The shooter grabbed Peterson’s gun from the passenger seat allegedly without his permission, and he drove away from the scene under duress, fearful he would be killed by the shooter unless he complied.

The jury acquitted Peterson following a day of deliberations. Judge Okun ordered Peterson be released from DC Jail following the verdict.

There are no further hearings scheduled.

‘I Hope You Conquer This,’ Says Judge in Sentencing For Drug-Induced Stabbing

A stabbing defendant was sentenced to 18 months by DC Superior Court Judge Jennifer Di Toro on Nov. 1.

A’Quino Boyd, 36, was originally charged with assault with a dangerous weapon for his involvement in a non-fatal stabbing that occurred on the 1800 block of Benning Road, NE, on Aug. 11. One individual sustained a chest wound.

The prosecutor said this incident was premeditated by the defendant. Boyd and the victim had gotten into an altercation the night before, when Boyd loaned the victim five dollars.

The prosecution played a video of the incident, showing Boyd running up to the victim when his back was turned and stabbing him in the chest.

According to the prosecutor, the victim heard Boyd say, “You’re gone now.”

The prosecutor said the victim thought he had been stabbed in the heart because so much blood poured out of his chest. He required emergency surgery and extensive medical care.

The prosecutor asked for 20 months incarceration, saying the community cannot be safe unless Boyd is incarcerated.

Defense attorney Sara Kopecki said, when she met with the defendant, he seemed visibly upset by his actions captured on surveillance video. Kopecki said Boyd was under the influence of PCP at the time of the incident and has a significant drug problem that needs to be addressed. She recommended Boyd participate in a drug abuse treatment program in prison.

“My client has a family who loves him, but [they] cannot deal with the drugs anymore,” Kopecki said.

Kopecki asked Judge Di Toro to sentence Boyd to 18 months. She said that was what Boyd thought his sentence should be.

“I apologize to the victim, and I take full responsibility for my actions,” Boyd told the court.

Judge Di Toro said the incident did not seem like an act of impulse but more like a premeditated event.

The judge agreed with Kopecki about the severe nature of Boyd’s drug abuse and said she recognized PCP played a significant role in the incident.

In addition to 18 months in prison, Judge Di Toro sentenced Boyd to three years of supervised release. Boyd is required to enroll in a drug program, receive a mental health assessment, participate in vocational job training, and obtain transitional housing upon his release.

“Mr. Boyd, I hope you conquer this,” Judge Di Toro said as she ended the hearing.

No further dates have been set.

Judge Won’t Exclude Medical Examiner’s Testimony in Murder Trial

DC Superior Court Judge Maribeth Raffinan denied a defendant’s request to exclude, or limit, the medical examiner’s testimony during trial in a Nov. 1 hearing.

Rafeal Stevens, 39, is charged with first-degree premeditated murder, first-degree premeditated murder while armed, two counts of assault with a dangerous weapon, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict for his alleged involvement in the shooting death of Aniekobo Umoh, 50, on Dec. 29, 2022, on the 2700 block of 7th Street, NE.

During the hearing, defense attorney Jason Tulley, explained a motion filed to exclude the testimony of the doctor that performed the autopsy for Umoh based on an alleged violation o Rule 16, requiring the prosecution to provide relevant evidence relevant to the defense. In this case, the report was said to be filed late and incomplete.

Meanwhile, body-worn camera footage shows a person identified as the victim stumbling and then collapsing. The prosecutor said the expert’s testimony will explain why this occurred and how it is related to the shooting, but not the cause of death.

Tulley argued the material is prejudicial and will wrongfully influence jury. Tulley further argued that the victim’s head injuries are not relevant because they were not the cause of death and no photos were taken to document the extent of the injuries.

The prosecution countered that initial report was filed on time and the amendment was filed after the new findings developed, referencing the head injuries.

Tulley argued the prosecution should have provided a “complete” report and not be able to submit documents whenever they want.

Judge Raffinan denied the motion stating the filing was not a rule 16 violation, and that sufficient notice by the prosecution was provided in that it contained the initial testimony about the autopsy and later added information as it came up.

Tulley also filed a motion to compel against a detective involved in the case. The motion would require that prosecution ask the detective if Umoh had been involved in drug transactions between 2021 and 2022. Judge Raffinan denied this motion.

The trial is scheduled to begin Nov. 4.

Judge Won’t Release Shooting Defendant

DC Superior Court Judge Heide Herrmann denied the release request of a shooting defendant on Nov. 1, claiming he committed an “extremely dangerous offense” that makes him a potential threat to the community.

Roland Brewer, 19, is charged with aggravated assault knowingly while armed, possession of a firearm during a crime of violence, and first-degree burglary for his alleged involvement in a shooting that occurred on July 21. This incident occurred on the 500 block of 50th Place, NE and injured one individual.

During the hearing, Brewer’s defense attorney, Lauckland Nicholas, requested release with home confinement after Brewer waived his rights to a preliminary hearing.

The prosecution argued that because Brewer had a motive and two key witnesses and the victim were still out in the community and known to Brewer, their safety may be at risk if he was released.

In addition, one of the three suspects is not in custody and could be in contact with Brewer if he is not held. The prosecution recapitulated Brewer’s criminal record, including seven arrests in DC.

Judge Herrmann considered both arguments but deemed the offense too dangerous for Brewer’s release, and ordered him held.

Parties are set to reconvene on Nov. 12.

Non-Fatal Stabbing Defendant Successfully Completes Sentence

A defendant completed the final requirement of his sentence for a probation show cause hearing, successfully resolving the case before DC Superior Court Judge Tanya Jones Bosier on Nov. 4.

William Staggs, 54, pleaded guilty on Oct. 10, 2023, to simple assault and attempted possession of a prohibited weapon for his involvement in a nonfatal stabbing in the 1100 block of Owen Place, NE, that injured one person.

Staggs paid $100, and $50 for each charge, to the Victims of Violent Crime Fund, the final requirement of his punishment.

The probation officer present at the hearing said that Staggs had completed all other obligations including the completion of anger management courses. The probation show cause was dismissed, and the case was closed.

Judge Jones Bosier said that she hopes she does not see Staggs again.

No other dates were set.

Defendant Sentenced to Three Years for Non-Fatal Drive-By Shooting

DC Superior Court Judge Andrea Hertzfeld sentenced Angela Milhouse to three years in prison on Nov. 1 for a drive-by shooting after the defendant pleaded guilty to five out of eleven charges.

Milhouse, 59, was originally charged with assault with a dangerous weapon, endangerment with a firearm, two counts of possession of a firearm during a crime of violence, destruction of property worth $1,000 or more, simple assault, carrying a pistol without a license outside her home or business, two counts of possession of a prohibited weapon, possession of an unregistered firearm, and unlawful possession of ammunition. The charges stemmed from her involvement in a non-fatal shooting incident that occurred on Oct. 6, 2023, on the 5000 block of Astor Place, SE. No one was injured.

Milhouse accepted a plea deal on Aug. 22 acknowledging assault with a dangerous weapon, endangerment with a firearm, carrying a pistol without a license, and two counts of possession of a prohibited weapon. In return, the prosecution agreed to dismiss all other charges and cap their sentencing request at the midpoint of the sentencing guidelines.

Through the deal, parties agreed to a sentencing range of 18-to-60 months of incarceration.

The prosecution showed the court surveillance video of the incident. During the drive-by shooting into a house, Milhouse first targeted an unintended victim. Then attempted to shoot her intended target,

“I take full responsibility for everything I did, Your honor,” Milhouse told the court. “God, please forgive me.”

She continued, “I thank God every night I didn’t hurt nobody,” Milhouse said, “It could’ve been so much worse, and it tears me apart.”

The prosecution said Milhouse described how there have been “long-standing issues not addressed” even without any criminal history. They requested 42 months of incarceration with 36 months suspended, and 36 months of supervised release.

Defense attorney Quo Mieko Judkins said Milhouse had a different upbringing than most and still suffers from trauma, even with strong family support now. Judkins suggested 36 months of incarceration with part of the sentence suspended so the defendant could get help for substance abuse and mental health, along with her chronic conditions and recent brain aneurysm.

“I can’t imagine what provoked this,” said Judge Hertzfeld. She said it is evident the defendant doesn’t know either, but she will have time to figure it out.

“You will never ever… hear my name in this court ever again,” promised the defendant before hearing the verdict.

Judge Hertzfeld sentenced Milhouse to 30 months for the charge of assault with a dangerous weapon, with six months suspended. That sentence will run concurrently with a sentence of 24 months for the charge of endangerment with a firearm. Both sentences carry with them 6 months of probation and 3 years of supervised release.

These sentences will run consecutively with the sentences for the three firearm charges, which run concurrently for 12 months.

In addition, Milhouse will have to register as a gun offender for two years after her release and pay $350 to the Victims of Violent Crime Fund.

No further dates were set.

Carjacking Defendant Deemed Competent, Release Denied

DC Superior Court Judge Heidi Pasichow deemed a carjacking defendant competent to stand trial, and denied his request for release on Nov. 4.

Xavier Ellis, 32, is charged with carjacking and kidnapping for his alleged involvement for an incident that occurred on the unit block of New York Avenue, NE, on Oct. 26, 2023.

According to court documents, an individual, later identified as Ellis, allegedly stole a vehicle in DC while its owner slept in the passenger seat, before driving to Maryland.

During the hearing, Ellis’ defense attorney, Susan Ellis reported the Department of Behavioral Health (DBH) found Ellis competent for trial, and all the parties agreed. His lawyer asked for the hearing to be continued in order to give her time to explain the plea offer.

Susan Ellis also requested Xavier be released as he awaits further procedure arguing that he does not pose a threat to the community.

The prosecution argued against release based on the severity of the crime, and a similar incident with his misdemeanor matter. Judge Pasichow agreed with the prosecution explaining no conditions could keep the community safe, denying the defense’s request for release.

Parties are set to reconvene on Nov. 21.

‘We Ain’t Playing Anymore,’ Judge Says, Releasing Carjacking Defendant

DC Superior Court Judge Erik Christian issued stern warnings to Richard Bates on Nov. 4 while giving him a second chance at home confinement pending trial.

Bates, 18, is charged with armed carjacking, robbery while armed, assault with a dangerous weapon, and three counts of possession of a firearm during crime of violence. The charges stem from his alleged involvement in a carjacking on the 1600 block of Frankford Street, SE, on Sept. 13, 2023. One individual sustained injuries to the head from the incident.

Bates was originally granted pretrial home confinement on Sept. 19, 2023, six days after his arrest. Court documents list 23 notices of Bates’ failures to comply with the conditions of his release before Judge Christian ordered him returned to detention on Oct. 28.

Christen Romero Philips, Bates’ defense attorney, told the court that Bates’ first detention, in September of 2023, took place at the Youth Services Center (YSC) because Bates was then a minor. Bates has since turned 18, so his detention this past week was at the DC Jail.

“That has opened his eyes to the two paths open to him,” Philips said. She asked Judge Christian to give Bates a second chance at home confinement, arguing Philips now recognizes the importance of following release conditions.

Philips gave a letter written by Bates to Judge Christian, who read it privately.

“He seems more vigilant and more aware and awake, so this [jail] seems like a better place for him,” said Judge Christian.

“I don’t think it means it’s a better place for him,” Philips replied. “I think it means he has realized the gravity of every decision he makes.”

“I think it has to be impressed on the defendant that he has to comply,” the prosecutor said. “His attitude to pretrial compliance has been very nonchalant.”

Judge Christian told the prosecutor that Bates’ attitude had been changed by his brief experience of DC Jail.

He ordered Bates released but told him to stay inside his home at all times, attending school and court hearings virtually and reporting by telephone to the Pretrial Services Agency (PSA) each week.

Judge Christian asked Bates’ mother about the residence where Bates would be living, “Is this a house? Does it have a front door? Back door? Windows?”

He told Bates, “Stick your hand out the window, it’s back to jail.”

Philips asked if Bates could attend job interviews if he informed PSA of the time and location in advance.

“He needs to do it in writing. An employer has to provide confirmation of a job interview,” Judge Christian said.

Philips asked if Bates would need to leave the house to appear at PSA in person for drug testing.

Judge Christian said he was not ordering scheduled drug testing but would allow PSA to require Bates to appear for random testing.

“So don’t get any ideas. Don’t get creative,” Judge Christian told Bates. “If it comes into the house and goes into your body, night-night. You get what I’m saying?”

Judge Christian told Bates not to leave home without explicit court permission except in a true emergency, such as the house burning down around him.

“You see how thick this file is?” Judge Christian said, holding up a manila folder filled with documents. “No violations. We ain’t playing anymore.”

The next hearing in this case is scheduled for Nov. 25.

Homicide Defendant Faces in Court Ambush, Mental Evaluations Ordered

A homicide defendant was nearly ambushed in court by an unidentified individual as DC Superior Court Judge Michael O’Keefe ordered a mental competency evaluation on Nov. 4.

Wyatt Swan, 48, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 53-year-old Teresa Francisco on Oct. 1 on the 900 block of Eastern Avenue, NE.

According to documents from the Metropolitan Police Department (MPD), Swan and Francisco were in a romantic relationship.

During what was supposed to be a preliminary hearing, Todd Baldwin, Swan’s attorney, requested to delay the preliminary hearing in order to get mental evaluations for Swan’s current and prior mental health diagnoses.

Baldwin specified he is not seeking to evaluate his competency to stand trial. Judge O’Keefe granted the request.

Following Baldwin’s request, an unidentified man charged at Swan from the audience. US Marshals were able to stop the him and remove the would-be attacker from the courtroom.

Parties are slated to reconvene Nov. 8.

‘I Felt the Pressure on Me,’ Says Carjacking Defendant Sentenced to Ten Years

DC Superior Court Judge Andrea Hertzfeld sentenced a carjacking defendant to 10 years in prison on Nov. 4.

On Aug. 30, Larry Fisher, 31, pleaded guilty to carjacking for his involvement in an incident that took place on Feb. 27 on the 1500 block of Pennsylvania Avenue, SE.

According to court documents, Fisher and another unidentified individual robbed a DoorDash driver while he was on his moped picking up an order from McDonald’s.

In CCTV footage played in open court, Fisher is seen striking the victim with a hard object—the prosecution alleges the object is a gun—and the other individual is seen pushing him off the moped. The other individual then got onto the bike and fled the scene, and Fisher is seen walking away on foot.

The pre-sentence report provided to the court recommended a sentencing range of 72-to-120 months based on the facts of the case, the defendant’s criminal history, and comparison to other cases of similar nature.

The prosecution asked for the top of the guidelines: a sentence of 120 months, with three years of supervised release. The prosecutor argued that this would be the defendant’s fourth felony conviction, and that he has shown a pattern of increased violence within his criminal history.

The victim appeared in court and spoke on his own behalf, stating that the incident led to a tough time for the victim, as the moped the defendant stole was critical to his job as a delivery driver. Without the moped, the victim couldn’t work, and because he had just gotten back from vacation, he was having financial difficulties.

Defense attorney John Sample stated that he saw Fisher show genuine remorse for his actions, and he acknowledges the fear and difficulty that he caused. He has taken accountability, and pleaded guilty to the offense.

Sample said that he can’t sidestep the criminal history of the defendant, but clearly Fisher is making an effort to get better.

The defendant’s biggest regret, according to Sample, is that he won’t be able to see his daughter. She is currently staying with his sister, which he thought was best for her.

Sample and Fisher also denied that the defendant was holding a gun during the offense. Fisher claims he was holding a speaker box, and Sample stated that the prosecution did not do any work to enhance the video to confirm whether the defendant was in fact, holding a gun during the offense.

Fisher apologized to the victim, stating that he knew what he had put him through financially. Fisher also discussed how his mother passed, and how he was alone and basically homeless at the time of the offense. Fisher claimed his actions were to help feed and take care of his daughter.

“I felt the pressure on me,” Fisher stated.

The victim, still present in the courtroom, took the opportunity to respond to the defendant, stating that after Fisher stole the scooter, the victim still had to make the payments for it, adding an additional financial burden.

Fisher responded saying that he understands where the victim is coming from, and that he’s been in that position before and knows what he put the victim through. Fisher acknowledged that he took his financial support, and he said he was, “truly sorry.”

Judge Hertzfeld questioned how it’s okay for Fisher to take that out on a person he doesn’t know.

Hertzfeld stated that Fisher disrupted the victim’s life, and that he is already benefiting from the plea deal, which lowered the charge against him from armed to unarmed carjacking.

Judge Hertzfeld sentenced Fisher to ten years, with three years supervised release.

No further dates have been set.

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