Judge Denies Defense Request to Dismiss Carjacking Charges For Lack of Evidence

DC Superior Court Judge Andrea Hertzfeld denied a carjacking defendant’s motion to dismiss charges on Oct. 23 after the defense complained they didn’t receive all the evidence.

Orlin Lemus-Cruz, 21, and Julio Villafranco, 21, are charged with armed carjacking, two counts of assault with a dangerous weapon, two counts of robbery while armed, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction greater than a year. These charges stem from their alleged involvement in an incident on March 26 on the 3100 block of Hiatt Place, NW.

Defense counsel for Lemus-Cruz, Quianna Harris, motioned to dismiss the case because she claimed the prosecution never sent additional evidence that’s “integral to Lemus-Cruz’s” involvement.

Harris claimed that Lemus-Cruz was detained without sufficient evidence and asked for his release. She added that without examining the evidence, she has no information about Villafranco’s alleged involvement and noted she might file a motion to sever the cases.

The prosecution admitted that they should have sent the additional grand jury transcripts, records of the complaints against the involved officers, and body-worn camera footage after Villafranco joined the case.

Judge Hertzfeld claimed that the defendant’s cases were properly joined and therefore, according to the law, the government is entitled to a 45-day continuance to provide the evidence.

Additionally, Judge Hertzfeld vacated the previously scheduled trial date, ordered the prosecution to provide the defense with the new evidence, denied the motion to dismiss the case, and rejected Harris’ request to release Lemus-Cruz.

At the same hearing, Villafranco was arraigned and his attorney, Camille Wagner, informed parties that he pleaded not guilty to all charges against him. Wagner also asked the court for more time to go through evidence and potentially negotiate a plea deal.

The parties are slated to reconvene on Nov. 20.

Homicide Defendant Considers Another Plea Offer

A homicide defendant rejected a plea offer before DC Superior Court Judge Todd Edelman on Oct. 24, but is considering a counter offer.

Lamar Odoms, 24, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business for his alleged involvement in the fatal shooting of Mark Odoms, 25, on the 1800 block of Tubman Road, SE on Dec. 5, 2024.

During the hearing, the court discussed a plea offer that the prosecution extended in a prior hearing. If accepted, Odoms would plead guilty to voluntary manslaughter while armed, and the prosecution would agree to dismiss all other charges.

Defense attorney Gemma Stevens told the court that she had extended a counter offer and that she believes both parties are “on a realistic path to resolve things.” The new offer was not discussed in open court.

Parties are set to return on Nov. 14.

Judge Allows Suspect in Fatal Beating to Stay on Release

DC Superior Court Judge Todd Edelman determined that a homicide defendant did not violate his release on Oct. 30.

Jose Ramos, 38, is charged with second-degree muder while armed for his alleged involvement in the fatal beating of Eduardo Cruz, 58, on the 3700 block of Georgia Avenue, NW, on Jan. 25, 2022.

A notice of non compliance with Ramos’ conditions of release was filed by the Pretrial Service Agency (PSA) on Oct. 14.

According to Judge Edelman, Ramos violated his conditions of release. On Oct. 11, Ramos traveled to Falls Church, VA, to attend an alcoholic anonymous (AA) meeting, which Judge Edelman granted under the conditions Ramos abide by 24-hour home confinement, along with the opportunity for him to attend work, a religious class, and care for his aging father.

However, Ramos was unaware that he was prohibited from traveling to VA to attend AA meetings, according to his defense attorney Wole O. Falodun.

Judge Edelman requested verification that Ramos, in fact, attended the AA meeting.

Ramos’s Pretrial Service Agency (PSA) representative confirmed the existence of a picture Ramos sent to show he attended the meeting and was there for a little over an hour.

After Judge Edelman received verification, he said he was satisfied.

Additionally, Judge Edelman said that Ramos had been compliant with electronic monitoring and the other conditions of his release.

Judge Edelman discharged the notice of non-compliance and reiterated to Ramos that he is not allowed to travel out of DC for AA meetings.

Parties are slated to reconvene on Dec. 19.

Stabbing Defendant Ordered to Mental Health Treatment

DC Superior Court Judge Deborah Israel accepted a Pretrial Services Agency (PSA) request to give to stabbing defendant more mental health guidance on Oct. 28.

Ellen Williams, 59, is charged with assault with a dangerous weapon and threat to kidnap or injure a person for allegedly assaulting her sister with a knife on Sept. 28 on the 1300 block of Congress Street, SE.

At the hearing, defense counsel for Williams, Claudine Harrison, informed Judge Israel that she is working on a plea deal in mental health court and requested more time. DC Superior Court Mental Health Community Court (MHCC) is a specialized unit focused on criminal defendants diagnosed with mental illnesses.

According to MHCC guidelines, if a defendant successfully completes the ordered treatment within the plea agreement, the prosecution can reduce or drop charges against them.

Judge Israel stated she received a request from PSA for Williams to get mental health services and ordered Williams to comply with treatment.

As Harrison and Judge Israel were discussing mental health treatment, Williams mumbled a series of statements, at the end stating “I don’t trust nobody”.

The parties are slated to reconvene on Nov. 19.

Judge Releases Shooting Defendant to GPS Monitoring, Home Confinement

DC Superior Court Judge Deborah Israel released a non-fatal shooting defendant after the defense argued the suspect has a stable job and no criminal history on Oct. 28.

Delon King,19, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that injured three individuals including a 17-year-old boy on May 11 on the 900 block of U Street, NW.

King is co-defeqqndants with Davian Raines, 20, who is also charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement.

Defense counsel for Delon King, Quo Meiko Judkins, requested King’s release and claimed he has family support from his mother and uncle, is working a full-time job, and has no criminal history.

Based on this, Judkins believed Judge Israel could impose release conditions such as GPS monitoring, home confinement, and family supervision that would ensure the safety of the community.

The prosecution argued that this is “more than a gun possession case.” Prosecutors asserted that this incident involved multiple shooters who shot innocent people. They alleged that jail calls between the defendants prove their guilt and a ghost gun was also reportedly recovered from King’s possession.

Judge Israel stated that both charges carry the “presumption that no release conditions exist to ensure the safety of the community,” however, the defense fulfilled the burden to prove that there are release conditions to ensure public safety.

Judge Israel believed King is eligible for release because King has no criminal history, his lock-up drug test was negative, he has a stable full time job, and noted that Raines was also released on personal recognizance.

King was released with GPS monitoring, a curfew from 8 a.m.-to -7 p. m. Monday through Friday, home confinement for times not included in the curfew, and drug testing. Judge Israel will allow King to discontinue drug testing once he tests negative twice.

A Pretrial Services Agency (PSA) representative recommended adding no possession of firearms and parts of firearms to which Judge Israel agreed.

The judge ordered King to be released from the DC Jail following the hearing.

The parties are slated to reconvene on Nov. 14.

DC Jail Stabbing Defendant Pleads Not Guilty at Arraignment, Homicide Case Pending

A defendant pleaded not guilty to all charges in connection to a DC Jail stabbing before DC Superior Court Judge Andrea Hertzfeld on Oct. 23.

Dallas McKinney, 21, is charged with assault with a dangerous weapon, assault with significant bodily injury, unlawful possession of contraband into a penal institution, possession of a prohibited weapon and tampering with physical evidence, for his alleged involvement in the stabbing of an inmate at the DC Jail on the 1900 block of D Street SE on Dec. 26, 2024.

According to court documents, the victim sustained stab wounds to the chest, left shoulder and arm.

During the hearing, Steven Kiersh, McKinney’s attorney, alerted the court of his intent to plead not guilty, and asserted his constitutional rights. Kirsh stated that McKinney is also charged in a pending homicide trial and intends to negotiate a global plea.

The parties are slated to reconvene on Dec. 17.

Stabbing Defendant’s Whereabouts Unknown As Sentencing Approaches

A stabbing defendant has disappeared and lost contact with her attorney and the court, raising concerns about her whereabouts before sentencing. DC Superior Court Judge Robert Salerno on Oct. 30.

Denise Warren, 58, pleaded guilty on Sept. 18 to attempted assault with a dangerous weapon for her involvement in a domestic violence-related stabbing that occurred on Sept. 1 at the 3500 Block of East Capitol Street, NE. Warren’s daughter sustained a laceration to her leg.

Warren was not present in court, and her defense attorney, Susan Borecki, informed Judge Salerno that she has been lost to contact, raising concern among the parties. Borecki said she had not spoken to Warren since the last hearing on Sept. 18.

According to a representative from The Court Services and Offender Supervision Agency (CSOSA), Warren called their office on Sept. 22 to check in, and officers attempted to reach Warren again by using a phone number on file, but those efforts went unanswered.

On Oct. 6, CSOSA received a voicemail from Warren that said she had undergone surgery at Inova Hospital in Fairfax, Virginia, and expected to move to a rehabilitation center afterward. However, after Oct. 14, all communication stopped once again, leaving her current status uncertain.

In response, the prosecution reserved their right to request a bench warrant for Warren’s arrest if she continues missing. CSOSA said they are still working on verifying whether she is, in fact, at the medical facility mentioned in the voicemail or elsewhere.

Judge Salerno did not issue a bench warrant for Warren, and parties are slated to reconvene on the scheduled sentencing date on Nov. 19.

Stabbing Defendant Waives Preliminary Hearing, Release Continues

DC Superior Court Judge Heide Herrmann accepted a non-fatal stabbing defendant’s preliminary hearing waiver and allowed his release to continue on Oct. 29.

Leon Clark, 51, is charged with assault with a dangerous weapon and possession of a controlled substance for his alleged involvement in an incident that injured one individual on the 800 Block of 10th Street, NE on Oct. 4. The victim sustained seven stab wounds to his forearm, hand, back, two to his torso, and two to his armpit.

According to court documents, Clark reportedly called the Metropolitan Police Department (MPD) after the incident and confessed to the stabbing. Clark told MPD that the victim was allegedly threatening and assaulting him when Clark stabbed him in self-defense.

Defense attorney Lauckland Nicholas informed the parties that Clark signed a waiver of his right to a preliminary hearing of the evidence against him, which was accepted by Judge Herrmann. The judge took a moment to explain the waiver to Clark, and he confirmed his understanding.

Clark was released on Oct. 4, and the Pretrial Services Agency (PSA), present on Webex, confirmed his compliance with the conditions of his release.

Parties are slated to reconvene on Dec. 19.

Teen Charged with Two Homicides Pleads Not Guilty

A teen, charged with killing his girlfriend and a House of Representatives intern, pleaded not guilty to all charges before DC Superior Court Judge Danya Dayson on Oct. 30.

Naqwan Lucas, 18, his brother Jailen Lucas, 16, and Kelvin Thomas, 16, are charged with conspiracy, first-degree premeditated murder while armed in a drive-by or random shooting, four counts of assault with intent to kill while armed, three counts of aggravated assault knowingly while armed, assault with a dangerous weapon, and nine counts of possession of a firearm during a crime of violence, for his alleged involvement in the fatal shooting of a House of Representatives intern, 21-year-old Eric Tarpinian-Jachym.

The incident occurred on June 30 on the 1200 block of 7th Street, NW, and injured a woman and a 16-year-old boy.

Naqwan is also charged with first-degree premeditated murder, possession of a firearm during a crime of violence, obstruction of justice, tampering with physical evidence, destruction of property, and second-degree theft for his alleged involvement in the death of 17-year-old Zoey Kelley on July 4 on the 1700 block of Benning Road, NE.

According to the United States Attorney’s Office (USAO), Kelley was Naqwan’s girlfriend. He was arrested on Oct. 29 in Maryland, while his co-defendants were arrested in September.

During the hearing, Michelle Lockard, who stood-in for Naqwan’s attorney, Steven Kiersh, alerted the court of his intent to plead not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial.

Lockard also requested Naqwan be released. The prosecution quickly objected, and stated parties should set a detention hearing in order to have witnesses testify to aid the parties’ arguments.

Parties are slated to reconvene Nov. 7.

1993 Murder Defendant Stays on Conditional Release Despite Violations

DC Superior Court Judge Michael Ryan maintained the release order of a murder defendant, adding drug testing to the conditions of release on Oct. 21. The case is now in its third decade

William Ransford, 62, is charged with first-and-second-degree murder for his alleged involvement in the fatal strangulation of Debra McManus, 39, on the 400 block of Trenton Street, SE on Oct. 23, 1993.

The probationary show cause hearing focused on Ransford’s release from the DC jail to 24-hour home confinement.

The prosecution objected to the release due to the severity of the charges filed against the defendant, the defendant’s criminal history, and the feelings of the victim’s family about the defendant being free while awaiting trial on a serious murder charge.

Defense attorney Molly Bunke claimed that due to the defendant’s serious medical and mental health issues, being released was in the best interest of maintaining his health so he could start substance abuse treatment and receive adequate medical care before his upcoming trial in January 2027.

In September, Ransford checked into Federal City Recovery Services for treatment, but GPS monitoring issues persisted. Judge Ryan noted Ransford had been on probation in Maryland and the probation had been terminated in September.

There was some confusion as to why the Court Services and Offender Supervision Agency (CSOSA) had noted he is not eligible for intensive outpatient treatment after being released from Federal City.

A Pretrial Services Agency (PSA) representative and his case worker had to be called to the hearing to clarify which caused a significant delay in the proceedings of the day.

They clarified he was initially ineligible for a step-down program, but that was inaccurate and there would be a possibility for outpatient treatment and transitional housing while he was released through the Pathways Program.

The prosecution argued Ransford still had some issues adhering to the release conditions since he had violated his home confinement order by leaving for multiple hours during the day and seeking unverified medical treatment.

Bunke argued he was seeking medical care on his own since he had no cell phone to call for help. Bunke also claimed once he was able to find medical treatment he had been transferred to a new facility and had no way to reach his brother since he was living with him during his release.

His case worker still recommended the revocation of release for violation of the terms. .

Ransford is said to have a narcotic relapse while in a medical treatment facility, which would also be a violation.

For these reasons, the prosecution maintained their objection to his release and highlighted because of his relapse, if he was to stay released, he should be ordered by the court to be drug tested. She asked for him to be returned to custody of the Bureau of Prisons.

Judge Ryan said “this is a complex case,” and so far the failure to adhere to the conditions of his release “has not resulted in community safety issues.”

The court ruled his release order will be upheld as long as Ransford complies with the medical, mental health, and monitoring conditions imposed.

Drug testing was added as a release due to the relapse Ransford history and any positive tests will be a violation of the release order.

Parties are slated to reconvene for a probation show cause hearing on Dec. 12.

Judge Denies Release For Defendant Accused of Shooting Near School

DC Superior Court Judge Renee Raymond denied the release of a defendant accused of a non-fatal shooting near residences, a school, and a church during a preliminary hearing on Oct. 27.

Wilson Dodson, 44, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and carrying a pistol without a license while outside a home or business for his alleged involvement in a non-fatal shooting. The incident took place on May 22 on the unit block of Peabody Street, NE, near Sela Public Charter School. No injuries were reported.

Defense attorney Charles Haskell alerted the court of Dodson’s intent to waive his right to a preliminary hearing which Judge Raymond accepted.

The prosecution requested Dodson remain held at the DC Jail while he awaits trial due to the shooting in a residential area with a nearby school where parents were picking up their children at the time of the incident. They went on to call the shooting “reckless” since it endangered multiple bystanders, one of whom ran into the school to call 911.

Haskell requested the defendant to be released with any conditions the court wanted to impose, citing Dodson has a limited criminal history, with only two misdemeanors that are more than a decade old. The defense then claimed Dodson has an extensive family in the area that could support him if he was released.

The prosecution rebutted the argument, claiming the defendant’s family aided Dodson when he fled the crime scene by allegedly lying to police about his whereabouts and therefore would be unlikely to cooperate with law enforcement if he was released.

Judge Raymond ruled no conditions could ensure the safety of the community if Dodson were released and ordered Dodson’s continued detention. The judge noted in her decision that the defendant fled, an arrest warrant had to be issued, and he was arrested more than a month after the incident during a traffic stop.

The prosecution then stated that a plea deal had been extended to Dodson which will expire after the next hearing, however none of the details were disclosed in court.

Parties are slated to reconvene on Nov. 7.

Defense Claims Police Suggested Carjacking Victim’s ID of Suspect

The defense moved to suppress identification testimony of an armed carjacking victim who claimed to recognize the defendant before DC Superior Court Judge Andrea Hertzfeld on Oct. 27.

Marcus Tucker, 30, is charged with armed carjacking, possession of a firearm during a crime of violence, robbery while armed, and assault with a dangerous weapon in relation to his alleged involvement in an armed carjacking that occurred April 17 on the intersection of 30th and Hartford Streets, SE.

Before trial, the victim spoke to defense attorney Jason Tulley regarding phone calls in the early morning of April 18 with Metropolitan Police Department (MPD) officers investigating the carjacking. He testified that he did not remember much of the call, as he had made many calls that day.

Body-worn camera footage of one of the officers contained clips of one of those phone calls. The detective could be heard telling the officer not to let the man she had pulled over go, as he matched the extremely detailed description of the suspect provided by the victim. At the same time, the officer was on the phone with the victim.

The officer could be heard giving a physical description of what the suspect was wearing, confirmed by the victim saying “Oh, that’s him” and “yeah, that’s him, that’s him” over the phone. The detective brought the victim to the scene to see the suspect and personally identify him in what is known as a “show-up identification.”

Tulley claimed that this phone call and the subsequent show-up identification were suggestive, and he claimed that “unfair” show-up violates due process. He frequently compared the case to the previous findings of Patrick v. United States (2025) to draw parallels between the two show-ups.

In Patrick v. United States, the DC Court of Appeals reversed the original ruling based on prejudicial evidence that was admitted in the trial.

Tully argued that the victim had identified Tucker only by the clothing description provided by the officer, rather than facial features that would make for a more reliable identification. He argued that the victim had been focused on the guns, as in Patrick.

But the prosecution claimed that the victim was able to provide an incredibly detailed description of his assailants before the officer’s description of Tucker was given to him. She argued that he had been focused on the two men carjacking him, not their guns, and that he would have expected police to stop someone who was a match.

She also argued that the show-up was legal and reliable, as the detective clearly instructed the victim that the assailant may not be the man they had stopped.

The prosecution argued that the victim could not have heard what the detective told the officer – they were not part of the same phone call and the detective’s voice was quiet in the bodyworn camera footage, making it improbable that what he said was audible to the victim.

Judge Hertzfeld agreed that it is unlikely that the victim heard the conversation between the detective and the officer. She also did not find the show-up to be unduly suggestive.

Parties are slated to reconvene Oct. 28.

Stabbing Defendant Restored to Mental Competence Denied Release

DC Superior Court Judge Judith Pipe refused to release a stabbing defendant with mental health issues out of concern for public safety on Oct. 28.

Tamara Francis, 36, is charged with assault with a dangerous weapon for her alleged involvement in a stabbing that occurred on Sept. 15, at the 1400 block of Belmont Street, NW. One individual sustained injuries during the incident.

After previously being found incompetent to stand trial, a report from the Department of Behavioral Health (DBH) declared Francis is now competent. The defense, Chantal Jean-Baptiste, requested that Francis be released at this time.

Jean-Baptiste cited that Francis was provoked by the victim, her boyfriend at the time. She stated that, in her own investigation, the victim said he knew that Francis was suffering a mental health crisis at the time of the incident and that he did not wish to pursue the case. She also noted that the victim works with people suffering from mental health issues.

The defense argued that the victim acknowledged his role in the incident and that he previously had told the prosecution that he did not fear for his life. Francis also claimed that their relationship was toxic in nature, as he had power over her while she was vulnerable and he had previously boiled her phone, so she had no phone at the time of the incident.

Jean-Baptiste said that, according to the victim, he provoked her by taking her three-year-old child into his bedroom where she had no access, at which point she began stabbing through the door and accidentally stabbed the victim in the side of the head.

Judge Pipe brought up her concern that the child could have been hurt in this incident, as Francis could not see where the child was in the room during the stabbing.

The defense cited the DBH report, which found that Francis reacts to stressors and asked Judge Pipe to release her into a situation that would be free of stressors.

“That is not the world anyone lives with,” said Judge Pipe. She reminded the defense that the “facts of the case are extremely concerning” and that Francis had a very strong reaction.

Judge Pipe also noted that Francis has a prior assault charge and she also did not drop the weapon when police arrived.

“I cannot fashion conditions that would ensure the safety of the community,” the judge said in light of these details.

In spite of protests from Jean-Baptiste, Judge Pipe reminded her that the victim’s story had changed several times, as the narrative he provided her was not the same as what he had previously said to police or to the prosecution.

Regardless of what provocation there was, Francis’ reaction was extreme enough to endanger her child and the community as a whole, Judge Pipe insisted.

Parties are slated to reconvene Oct. 30.

Social Media Evidence Reviewed in 7 Co-Defendant Carjacking Case

DC Superior Court Judge Neal Kravitz reviewed social media evidence in a carjacking conspiracy case with seven co-defendants before jury selection on Oct. 29.

Irshaad Ellis-Bey, 20, Isaiah Flowers, 20, Taj Giles, 20, Bryon Gillum, 20, Jahkai Goff, 21, Jaelen Jordan, 20, and Warren Montgomery, 20, are charged with conspiracy, trafficking stolen property, two counts of armed carjacking, two counts of unauthorized use of a vehicle, four counts of possession of a firearm during a crime of violence, and two counts of robbery while armed. These charges stem from the group’s alleged involvement in a series of armed carjackings and the subsequent distribution of the stolen vehicles between February and May of 2023.

One of the carjackings occurred on Feb. 27, 2023 at the intersection of 20th Street and Sunderland Place, NW. Another carjacking took place at the intersection of K and 8th Street, NE, on April 27, 2023.

Additionally, Ellis-Bey, Flowers, Giles, Gillum, Goff, and Jordan are charged with two additional counts of unauthorized use of a vehicle, two counts of possession of a firearm during a crime of violence, armed carjacking of a senior citizen, receiving stolen property of $1000 or more, and robbery of a senior citizen while armed. These charges stem from their alleged involvement in a carjacking that occurred on the 600 block of Butternut Street, NW, on May 16, 2023.

During the hearing, parties discussed motions regarding Instagram messages among the defendants that the prosecutors want to introduce during trial. Goff, Gillum and their defense attorneys, Donna Beasley and Janai Reed, opposed admitting the messages into evidence.

Judge Kravitz noted some specific messages that, to him, seemed irrelevant or missing context. One read “Aye, Geet, I need…” The prosecution claimed that “Geet” is a nickname for Giles that the other defendants used and the message would connect Giles to the alleged conspiracy.

Judge Kavitz asked why part of the message was redacted? The prosecution stated that the part they excluded was someone asking for marijuana. They stated the relevance of the message was Giles’ nickname and not the request, but the redacted message still included part of it with the phrase “I need…” Judge Kravitz asked them to remove that part of the message.

Another message stated “Haven’t ran into none of them yet.” The prosecution argued this was referring to the police. Judge Kravitz noted that it was sent 30 minutes after the carjacking on Feb. 27, 2023 and allowed the message into evidence.

Judge Kravitz excluded a message that read “craziest night of my life.” He stated it was not sent the day of the incident and could refer to any night on its own.

The prosecution argued to admit a message that read “nahfr love y’all almost took a couple life’s” for two different reasons. They stated that “love y’all” was admissible as a state of mind statement and that “almost took a couple life’s” exposed the defendant’s criminal behavior.

The motion discussion was interrupted, as the final stage of jury selection needed to begin.

Parties are slated to reconvene to conclude motions on Oct. 30.

‘As We All Know, Competency is Fleeting,’ Says Judge in Carjacking Case

A prosecutor told DC Superior Court Judge Robert Salerno on Oct. 24 that the Department of Behavioral Health (DBH) denied a carjacking defendant mental health services meant to keep him mentally competent enough to stand trial.

Dontrell Davis, 18, is charged with conspiracy, four counts of armed carjacking, eight counts of robbery while armed, unarmed carjacking, three counts of unauthorized use of a vehicle during a crime of violence, 12 counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, unlawful possession of ammunition, and two counts of misdemeanor receiving stolen property. These charges stem from his alleged involvement in five incidents that occurred in September 2023.

According to court documents, the five incidents include:

Theft of a vehicle on Sept. 1 on the 1900 block of 2nd Street, NE
Armed robbery on Sept. 3 on the 3800 block of 9th Street, SE
Armed robbery on Sept. 10 at the intersection of 18th and Erie Streets, SE
Armed robbery on Sept. 11 on the 1200 block of Savannah Street, SE
Two armed carjackings on Sept. 11 on the 3300 block of 4th Street, SE, and the 2900 block of Erie Street, SE

The DBH deemed Davis competent to stand trial in Dec. 2024, so they denied him mental restoration services in 2025 on the grounds they were unnecessary. Judge Salerno wanted to know whether they would provide competency maintenance instead.

The prosecution said that DBH declined either because they never considered Davis incompetent, arguing the decision would not make logical sense.

“If there was no barrier to competency in the first place, there are no sources to continue,” the DBH wrote in their email to the prosecutor.

Therefore, Davis will not receive in or out-patient mental health services— to help him maintain sufficient mental competency to stand trial–meaning he has to understand the charges and help his lawyer defend the case.

Judge Salerno disagreed with the DBH’s literal application of the word “maintain.”

“I hear the position [but] we’re putting way too much emphasis on labels,” Judge Salerno said.

Earlier in the hearing, Judge Salerno explained his request for competency maintenance, saying that someone initially found competent may not remain so.

“As we all know, competency is fleeting,” Judge Salerno said.

He asked the prosecution to follow up and ask if they would provide these services if they were court-ordered.

Further, prosecutors called on a neurophysiologist who does evaluations for the court and a DBH clinical and forensic psychologist, both of whom evaluated Davis.

The neurophysiologist deemed Davis incompetent to stand trial but would be restorable if he was provided the necessary help.

“I don’t think that’s above and beyond what the [low bar] for competency [requires],” the witness said.

The DBH clinical and forensic psychologist conducted two evaluations– an initial screening and a follow-up interview.

In contrast, she determined that Davis was competent to stand trial, but noted that his ability to retain information was an issue.

According to the psychologist, she did not receive records from the Department of Youth Rehabilitation Services (DYRS), where Davis was held, or any other records before conducting the initial evaluation, which made defense attorney Erin Griffard question the validity of the witness’ evaluation.

Upon viewing her evaluation in court, the witness believed there were missing pages – Judge Salerno stopped the proceedings to ensure the witness could ensure her testimony was accurate.

Parties are slated to reconvene Nov. 14.

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