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Shooting Defendant Pleads Not Guilty at Arraignment

A shooting defendant pleaded not guilty to seven charges before DC Superior Court Judge Robert Salerno on Oct. 17. 

Kevin Johnson, 40, is charged with unlawful discharge of a firearm, endangerment with a firearm, unlawful possession of a firearm by a convict, carrying a pistol without a license, possession of a prohibited weapon, possession of an unregistered firearm, and unlawful possession of ammunition. The charges stem from his alleged involvement in a shooting incident that occurred on July 7 on the 300 block of Anacostia Road, SE. No injuries were reported. 

According to court documents, officers responded to the scene after hearing the sounds of three gunshots, and located three shell casings at the location. Johnson was arrested following the officers receiving an image of the suspect who was seen firing the gun matching his description. 

During the hearing, William Howell, Johnson’s attorney, alerted the court of his intent to plead not guilty to all charges and asserted his constitutional rights. 

Judge Salerno and the parties discussed a motion filed by Howell on Oct. 16 to delay the trial, which was previously scheduled for Oct. 24. In the motion, Howell stated the defense needs to seek expert witnesses in relation to forensic issues. 

Judge Salerno questioned if it had anything to do with concerns for Johnson’s competency, but Howell and Judge Salerno discussed the issue under seal. 

It is unclear if Judge Salerno granted the request for a continuance. 

Parties are slated to reconvene Oct. 24 for a status hearing.

Defendant Found Guilty on All Charges in Scooter Carjacking

A jury convicted a carjacking defendant of all charges following a trial before DC Superior Court Judge Judith Pipe on Oct. 11.

Daquan Jackson, 28, was convicted of unarmed carjacking and possession of a firearm during a crime of violence. The charges stemmed from a March 3 incident on the 1000 block of H Street NE, where Jackson attempted to take a scooter from the victim.

During the trial, Jackson’s defense attorney, Sara Kopecki, argued that Jackson did not gain complete control of the scooter, claiming the victim maintained possession of it throughout the altercation. The defense also argued that Jackson believed the scooter was his.

Prosecutors contended that Jackson’s actions demonstrated his intent to steal the vehicle, likening the situation to taking control of a car by grabbing the steering wheel.

Sentencing is scheduled for Dec. 20.

Shooter Expresses Remorse During Sentencing

DC Superior Court Judge Jason Park sentenced a shooting defendant to 45 months of incarceration during an Oct. 15 sentencing hearing.

On Aug. 15, Cordell Lesene, 38, pleaded guilty to assault with a dangerous weapon for his involvement in a non-fatal shooting on the 100 block of 57th Place SE, on Feb. 6, 2022. One person sustained injuries to his right calf.

According to court documents, the victim crossed paths with Lesene and requested five dollars that was allegedly loaned to Lesene for drugs. A verbal and physical altercation ensued.

During the sentencing hearing, the prosecution requested 45 months of incarceration followed by three years of supervised release, in accordance with the plea agreement. The prosecutor also commented on the victim’s agreement with the sentence.

Lesene’s defense attorney, Andrew Ain, did not object to the prosecution’s request. Furthermore, he stated Lesene is continuing to better himself by distancing himself from negative influences. 

Lesene said he is “very remorseful” and has made new friends to help him avoid negative influences.

Judge Park sentenced Lesene to 45 months of incarceration and three years of supervised release. Lesene must also pay $100 to the Victim of Violent Crime Fund and register as a gun offender. 

No further dates were set. 

Judge Finds Probable Cause in Stabbing Case 

DC Superior Court Judge Anthony Epstein found probable cause that a  stabbing defendant was the perpetrator on Oct. 15.

Travis Haney, 37, is charged with assault with intent to kill for a stabbing that occurred at the DC Jail on the 1900th block of D Street, SE on Sept. 14. One person was injured. 

According to documents, the stabbing occurred inside the jail, and the victim suffered from 12 stab wounds to his hands, face and neck. 

The prosecution called a Metropolitan Police Department (MPD) detective who identified Haney as the only individual present with the victim at the time of the stabbing, according to the investigation. 

Under cross, Haney’s defense attorney, Carrie Weletz, pointed out that there were no cameras inside the cell where the stabbing took place, and therefore no video surveillance of the incident.

Weletz also stated that during the questioning of the victim, he stated that he was asleep during the incident and therefore unable to know what had happened. 

Weletz said it is important to know if an inmate was defending themselves during that stabbing, suggesting that Haney could have been acting out of self defense. 

However the prosecutor said probable cause has been established because at the time of the stabbing. At the time, only the victim and the defendant were present in the cell. It is reasonable to infer that the victim did not stab himself, the prosecutor said. The prosecutor said the number of stab wounds suggest that the assault was done with intent to kill. 

Parties are slated to reconvene May 23. 

Judge Orders Mental Competency Evaluation for Teen Accused of Multiple Carjackings

DC Superior Court Judge Robert Salerno ordered a mental competency evaluation for a carjacking defendant during an Oct. 16 hearing.

Dontrell Davis, 17, is charged with multiple offenses, including theft of a vehicle, armed robbery, and armed carjacking for his alleged involvement in multiple incidents that occurred in September 2023.

According to court documents, these incidents include the theft of a vehicle on Sept. 1 at the 1900 block of 2nd Street, NE; an armed robbery on Sept. 3 at the 3800 block of 9th Street, SE; an armed robbery on Sept. 10 at the intersection of 18th and Erie Streets, SE; an armed robbery on Sept. 11 at the 1200 block of Savannah Street, SE; and two armed carjackings on Sept. 11 at the 3300 block of 4th Street, SE and the 2900 block of Erie Street, SE.

A preliminary mental competency evaluation was requested during the Oct. 16 hearing, as both parties expressed concerns about Davis’ ability to understand court proceedings and assist in his defense due to his age. Davis is being tried as an adult under Title 16. 

Judge Salerno noted that a complete evaluation was necessary.

Parties are slated to reconvene Oct. 22.

Armed Carjacking, Shooting Defendant Accepts Plea Agreement, Denied Release

An armed carjacking and shooting defendant accepted a plea agreement extended by the prosecution before DC Superior Court Judge Judith Pipe on Oct. 16. 

Kevin Settles, 37, was originally charged with armed carjacking, four counts of possession of a firearm during a crime of violence, two counts of assault with a dangerous weapon, assault on a police officer while armed, attempted unarmed carjacking, unlawful possession of a firearm by a convict, carrying a pistol without a license outside of his home or business, unlawful discharge of a firearm, possession of a unregistered firearm, and unlawful possession of ammunition.

These charges stem from his alleged involvement in a non-fatal shooting and armed carjacking on the 3000 block of B Street, SE and another non-fatal shooting where he allegedly shot at the police on the 100 block of Ridge Road, SE. Both incidents occurred on Feb. 23, 2021. 

According to court documents, Settles was in the passenger seat of his girlfriend’s vehicle when he “became irate” and pointed a gun at her head, forcing her to get out of the car. When she exited the vehicle and hid behind a parked car, Settles sat in the driver’s seat and then a short time later exited the vehicle and ran down the street, firing the gun into the air. 

Two Metropolitan Police Department (MPD) officers were attending to a medical emergency on a Metro Bus on B Street when they heard shots being fired and observed Settles running toward them, according to court documents. Settles allegedly fired at the officers who returned gunfire. He then entered the drivers side of a parked MPD Truancy Van and had to be physically removed by the officers. 

At the hearing, Settles accepted the prosecution’s plea agreement and pleaded guilty to assault with a dangerous weapon, possession of a firearm during a crime of violence, and assault on a police officer while armed, in exchange for a dismissal of all other charges. 

Brian McDaniel, Settles’ defense attorney, said Settles had been contemplating this agreement for a while and this was a “long time coming.” 

Through the deal, the prosecution agreed to not ask for more than ten years imprisonment for Settles at sentencing. Judge Pipe found factual basis for the plea offer and accepted Settles’ plea of guilty. 

McDaniel then addressed his motion for Settles to be released from DC Jail while he awaits sentencing. McDaniel argued that the incident was a result of mental health struggles, and Settles is now taking medication and participating in programs which should prevent another crime from occurring. 

McDaniel said Settles has a sick mother who he would like to spend time with and a four-year-old child that he would like to see. 

Judge Pipe said there is no evidence that Settles will be compliant with mental health medication and programs if he was released into the community. Judge Pipe also said the facts of the case were “extremely concerning.”  

Judge Pipe denied the defense’s request for Settles to be released prior to his sentencing. 

The parties are slated to reconvene on Feb. 7.

Defense Motion for Release Denied Again Despite Delays in Prosecution’s Case

A stabbing defendant’s attorney requested DC Superior Court Judge Jason Park release his client on Oct. 16, after the prosecution experienced another delay in beginning the DNA testing process.

Chackell Anderson, 40, is charged with assault with a dangerous weapon, robbery, and robbery while armed for his alleged involvement in a stabbing on Sept. 3 on the 1900 block of 17th Street, SE. There were two victims, one who sustained stab wounds, and another who was assaulted. 

Anderson’s case is currently waiting on DNA testing before the trial date on Dec. 12. The prosecution stated in court that they have not completed a contract with Bode Technologies for DNA testing, and do not have a return date on when the results will be complete. The prosecutor estimated that they’ll have a date by the end of the week, and estimated results by Nov. 18.

Anderson’s defense attorney Russell Hairston renewed a previous motion for release in response. Defense attorney Thomas Healy had previously made the motion on Sept. 20 because the victim of the incident recanted their statement that was used for probable cause in Anderson’s case. Hairston restated this to Judge Park, saying he had the statement with him for the court to review. 

Hairston also stated that he should be released because the delay in DNA testing may push the trial back farther than Dec. 12, and it is prejudicial to Anderson. He added the defense needs time to request their own DNA testing in response to the prosecution’s results.

Judge Park denied the motion for release. He said it seems like the prosecution would be ready before trial, and that this is a typical timeline for DNA testing before trial. 

Judge Park also ordered the prosecution to communicate when they have the DNA contract and the return date for the results. 

The next hearing is scheduled for Nov. 22. 

Non-fatal Shooting Defendant Pleads Not Guilty During Felony Arraignment

Gerald Day pleaded not guilty to all charges during a felony arraignment held before DC Superior Court Judge Jennifer Di Toro on Oct. 16.

Day, 33, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, accessory after the fact, threat to kidnap or injure a person, and carrying a pistol without a license, for his alleged involvement in a shooting that occurred on the intersection of O Street and Carrollsburg Place, SW on Oct. 29, 2023.

Defense attorney, Steven G Polin, stated that the case has been pending for 9 months and therefore was ready to set a trial date.

Judge Di Toro set a trial date for April 7 and consent to all protective orders were granted. 

Parties are slated to reconvene April 4. 

Judge Delays Ruling on Modification of Release Conditions for Shooting Defendant 

A shooting defendant must wait another week to hear a ruling from DC Superior Court Judge Maribeth Raffinan on whether his release conditions will be modified to accommodate his work schedule.

Vann Allen, 35, is charged with assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, aggravated assault knowingly while armed, and assault with a dangerous weapon for his alleged involvement in a non-fatal shooting on Nov. 11, 2023.According to police reports, one victim was wounded on the 1400 block of New York Avenue, NE.

On Oct. 15, Michelle Lockard, Allen’s attorney, argued for Allen’s release conditions to be modified to allow him to work more flexible hours at his restaurant management job. 

The prosecution argued against modifying Allen’s release conditions, asserting that current conditions were successful and therefore shouldn’t be changed.

Judge Raffinan said she would rule on the matter when parties reconvene on Oct. 23

Judge Further Delays Ruling on Motion to Dismiss Homicide Case

A homicide defendant will have to wait two more weeks to hear DC Superior Court Judge Maribeth Raffinan’s decision on a motion to dismiss his case.

Antonio Jackson, 38, is charged with first-degree murder while armed and carrying a dangerous weapon outside a home or place of business, for his alleged involvement in the fatal stabbing of Maria Evans, 59, on the 500 block of Oakwood Street, SE on March 29, 2018. 

Jackson’s attorney, Jessica Willis, filed a motion to dismiss Jackson’s case on June 20, citing five different instances in which the prosecution failed to share potentially useful information with the defense in a timely manner.

Judge Raffinan stated in court during an Oct. 15 hearing that she would need more time before making her final ruling on Jackson’s motion to dismiss.

Parties are slated to reconvene on Oct. 31.

Homicide Defendant Renews Motion to Sever Amid Potential Trial Delays

One defendant in a fatal shooting case filed a motion to continue trial during an Oct. 15 hearing before DC Superior Court Judge Maribeth Raffinan. In response, his co-defendant asked to renew their motion to sever.

Jermall Johnson, 40, and Rafael Stevens, 39, are each charged with two counts of premeditated first-degree murder, two counts of assault with a dangerous weapon and five counts of possession of a firearm during a crime of violence for their alleged involvement in the fatal shooting of Aniekobo Umoh, 50, on Dec. 29, 2022, on the 2700 block of 7th Street, NE.

During the hearing, Johnson’s attorney, Steven LoGerfo, argued for a trial to be delayed so that independent DNA testing could be conducted and to wait for the issue of having a jury that is representative of the community to be resolved.

Regarding the jury issue, Judge Raffinan agreed with the prosecution’s opposing argument, finding it not sufficient grounds for a continuance.

LoGerfo and the prosecution then made arguments on whether Johnson had the right to do independent DNA testing on the bullet casings at the scene.

The prosecution argued that one casing had been tested already and the other was used in ballistics tests and may have been contaminated. Additionally, any DNA findings on either casing would not have evidentiary value significant enough to warrant waiting for test results.

LoGerfo disagreed, stating evidence related to a gun allegedly used in any case should have sufficient evidentiary value to warrant a continuance.

Judge Raffinan decided that she would rule on the motion to continue and the potentially resulting motion to sever when parties reconvene on Oct. 18. 

Prosecutor Says Jail Instagram Messages Linked to Homicide Defendant

A homicide defendant’s communications during jail calsl came under scrutiny during a trial before DC Superior Court Judge Marisa Demeo on Oct. 17.

Eugene Burns, 32, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license for his alleged involvement in the fatal shooting of Onyekachi Emmanuel Osuchukwu III on Nov 14, 2015 on the 2900 block of Second Street, SE.

Burns was convicted of these charges in 2017, but were later overturned in 2020 due to a search that was beyond what was legally allowed.

Burns and co-defendant Tyre Allen, 24, are being charged with obstruction of justice by trying to influence/delay a witness or officer, conspiracy, and obstruction of the due administration of justice for their alleged involvement in intimidating a witness who had testified at Burns original trial in 2017.

As trial resumed, a witness, from the Metropolitan Police Department (MPD) testified he reviewed two Instagram accounts authorized by search warrants— one allegedly confirmed to belong to Burns — that was active a month after the murder took place.

Various posts were captioned with “#itallforyouO” under a short video made in New York City on Nov. 22, 2015, “Back at it again, #allforyoubro” under a picture behind the wheel of a car on Dec. 8, 2015, and “Its personal. #blood” with a post of two people, unidentified, posing in front of a car on Dec. 1,7 2015.

Another post was made on Dec 18, 2015 captioned “#takenotes” with a video of what appeared to be Burns getting out of a car and speaking to the camera.

Multiple jail calls from Sept. 2020 between Burns and Allen were played during the trial, which revealed the Instagram account belonged to Burns.

The prosecution also showed web history to the witness, who read aloud multiple searches regarding the keywords “Rico” and “Paid in Full,” which is a movie that prosecutors have previously claimed allegedly guided Burns in his actions in Osuchukwu’s murder. 

In the movie one of the characters, Rico, fatally shot another character, Mitch, due to a narcotics dispute. Prosecutors claimed Osuchukwu’s murder stemmed from a dispute with Burns about their alleged narcotics business. 

During cross-examination, Burns’ attorney, Jocelyn Wisner, asked the witness about other parts of the film that were not related to the shooting.

Wisner then asked the witness if he recalled Allen’s claiming that Burns told him about another man who was present during the incident in 2015.

The witness did not recall but was later shown a document which confirmed the claim made by Allen.

According to Allen, the man was in the bathroom of the residence where the incident occurred.

Parties will reconvene on Oct. 18.

Document: MPD Arrests Four in Northeast Shooting

The Metropolitan Police Department (MPD) announced the arrest of four individuals, 18-year-old Andrew Williams, two 16-year-old males, and 18-year-old Anardo Little, for their alleged involvement in a shooting and attempted carjacking that took place on Oct. 16, on the 1200 block of H Street, NE. They are all charged with assault with a dangerous weapon, armed carjacking, carrying a pistol without a license, possession of an unregistered firearm, possession of unregistered ammunition, possession of a high capacity feeding device, unauthorized use of a motor vehicle and unlawful entry.

Teen Says She And Other Juveniles Took Part in Fatal Beating of a Senior

A 15-year-old girl described her part in kicking and beating an elderly man to death in testimony before DC Superior Court Judge Kendra Briggs on Oct. 15.  And she identified her alleged co-conspirators as willing participants. 

The teen is one of five co-defendants, girls aged 12-to-15 at the time of the crime, charged with first-degree murder and assault with a dangerous weapon for their alleged involvement in the fatal beating of 64-year-old Reggie Brown. 

The incident occurred late at night on Oct. 17, 2023, on the 6200 block of Georgia Avenue, NW. 

As the prosecution’s lead witness the teen claimed she suggested that a group of her girl acquaintances “find someone to beat up,” because they were bored. Then the juvenile said she along with her four co-defendants encountered Brown on Georgia Avenue and chased him down a back alley where she admitted, “I kicked him,” on the leg and in the torso.  

While she acknowledged that the prosecution didn’t promise her immunity, the juvenile had previously signed a plea agreement with undisclosed terms.

Wearing a black hooded scarf and testifying with an emotional support dog at her side, the teen answered many prosecutorial questions with just a “yes” or a “no,” avoiding eye contact with two co-defendants who were being tried.  

However, the most chilling moments of her hours on the witness stand came in narrating a cell phone video the prosecution says was taken by one of the suspects in the beating. 

As the prosecutor moved through the video the witness told of the group’s meeting up with an unknown man on Georgia Avenue in a blue jacket who was already in the process of beating Brown and suggested they join the attack.

“Can we help?” asked the witness of the man.

As the crime unfolded, two of the suspects hopped over a fence and allegedly jumped on Brown in his futile efforts to escape. The video depicts s a flurry of boots assailing Brown’s bloody head while he lies motionless on the ground.  In particular, the witness identified the shoes of one of the attackers she knew as “silvery and glittering”   

Prompted by the prosecutor she named her co-defendants as visible in the video taking part in the attack.

At that point, the witness said she knew something was wrong.  “I stepped back,” she said, unhappy with what was happening. However, the onslaught continued with squeals and laughs audible in the background and when it was over, two girls, identified as suspects, are seen in the frame appearing to celebrate.  

The witness realized that Brown was dead, “He stopped talking,” she said.  Brown was described as a man with multiple medical conditions who was missing several fingers.  None of the defendants apparently knew the victim. His family members excused themselves from the courtroom before the video was played.

In cross examination, Geoffrey Harris, who’s representing the 13-year-old defendant, argued that getting into a fight didn’t mean killing someone.

“That thought that somebody was going to die, that thought never crossed your mind,” said Harris. “Nobody was getting seriously hurt; no one was getting killed,” he continued, and the witness agreed. 

Earlier in the proceeding Charlotte Gilliland, who represents a 14-year-old defendant, argued unsuccessfully against admitting a series of text messages and social media posts as inadmissible hearsay. The prosecution says the information links the five suspects to the crime.

Among the electronic conversations is the question, “You want us to beat the s*** out of him?,  then “We going to jail.”  Another post presented to the court read, “We jumped SB but killed him accidentally.”

“There’s no mention of an incident…There’s no mention of committing a crime,” said Giilland.  

Gilliland also asked Judge Briggs to recuse herself from the case for a potential bias after having hearing evidence that culminated in plea deals for two of the defendants Gililland says is prejudicial to her client.

“In this set of circumstances, a reasonable person could conclude that there is an appearance of partiality,” said Gilliland referring to “prejudicial and criminalizing information,” presented to the judge.

Rejecting Gililland’s claim Judge Briggs said, “You knew that prior to making your opening statement.” 

Quoting precedent, Judge Briggs said, the judge will have presumed to rely on the admissible evidence.

The prosecution is slated to continue questioning the juvenile in future proceedings. The trial is scheduled to resume on Oct. 16.