Search Icon Search site

Search

Judge Transfers Infanticide Defendant to Halfway House

DC Superior Court Judge Todd Edelman denied the defense’s request for an infanticide defendant to be released to home confinement, ordering she be transferred to a halfway house on May 6. 

Christen Borden, 37, is charged with felony murder and first-degree cruelty to children for her alleged involvement in the death of her son, five-month-old Kenneth Walton, on Feb. 11, 2023 at the 4000 block of Massachusetts Avenue, NW. Walton died from multiple blunt force injuries to the head.

During the hearing, the prosecutor stated they opposed the defense’s motion for release, stating Borden was recently charged with a bail reform act charge, for allegedly willfully failing to appear in court and compliance violations during the release.

According to the prosecutor, the conditions set by the court have not deterred Borden in the past, and there are no conditions she will follow, which they argued was evident by more than a year of non-compliance by the defendant. 

Megan Allburn, Borden’s attorney, stated Borden has been battling a severe addiction, has completed a 120-day in-person drug treatment program while at the Department of Corrections (DoC), and has experienced a moment of clarity. 

Allburn argued Borden understands the gravity of an escape charge, should she fail to follow conditions of release, and is looking to be a productive person. 

Allburn also stated Borden has lacked the discipline in the past to move forward, but her certificate of completion shows she has been, and can continue to be, successful. 

Judge Edelman agreed to transfer Borden to a halfway house, while still in custody of the DoC. There, Borden will be required to be monitored by GPS, and must continue to undergo treatment and drug testing. “It is an extremely structured program,” according to Judge Edelman. 

“This is not release, this is custody,” Judge Edelman stated. He argued the alleged crime is “horrific,” but it doesn’t show risk for anyone else in the community. 

Parties are slated to reconvene June 5. 

Judge Ends Probation For Stabbing Defendant Struggling With Addiction

DC Superior Court Judge Rainey Brandt terminated an unsuccessful probation for a stabbing defendant struggling with addiction during a hearing on April 29. 

William Johnson, 42, was sentenced on May 13, 2022 to 66 months in prison, all but 48 suspended, followed by two years of probation for assault with intent to kill. The charge stemmed from his involvement in a domestic violence related stabbing on Dec. 23, 2021, on the 2700 block of Langston Place, SE. The victim, Johnson’s younger brother, sustained a stab wound to his chest and arm.

Johnson was not present in court for the proceedings. His attorney, Wole Falodun informed Judge Brandt that Johnson called him that morning to advise he was at the Psychiatric Institute of Washington (PIW). Falodun noted that Johnson often seeks care at PIW when he is in “crisis mode.” 

Since his release from prison, Judge Brandt noted Johnson has had a serious alcohol problem. A community supervision officer (CSO) from the Court Services and Offender Supervision Agency (CSOSA), reported that although Johnson began an outpatient program on March 30, he tested positive for cocaine on April 3, and had consistent positive tests for alcohol through April 24.

The prosecution argued against terminating Johnson’s probation as unsuccessful, suggesting that additional prison time might serve as the “rock bottom” needed for his sobriety. Falodun countered that Johnson has not incurred any new criminal charges since his release.

Although she had that option, Judge Brandt expressed reluctance to send a defendant back to prison solely for addiction issues. “I can’t help someone who does not want to help themselves,” she said.

“I think it’s time for me to let this little bird fly and see what is going to happen,” Judge Brandt added. 

No further dates were scheduled.

\

Parties Debate Whether Fatal Pedestrian Crash Was Second-Degree Murder in Closing Arguments

The parties disputed whether a fatal pedestrian crash constituted second-degree murder in a homicide trial before DC Superior Court Judge Rainey Brandt on May 5. 

Spiro Stafilatos, 35, is charged with second-degree murder, aggravated assault knowingly grave risk while armed, and fleeing a law enforcement officer for his alleged involvement in a fatal car crash on Dec. 30, 2022 at the intersection of 14th Street and New York Avenue, NW. The incident caused the death of 31-year-old Shuyu Sui, and critically injured another pedestrian, Sui’s wife. 

The prosecution asked jurors to consider the difference between an accident and a crime. They argued that Stafilatos was looking for a way out at every turn, emphasizing his choices versus specific intent to kill. They noted that the focus of the case was on his disregard for public safety, not on premeditation.

The prosecution pointed to Stafilatos’s four prior convictions, including two DUIs and a hit-and-run, as evidence that he understood the danger of impaired driving. They argued his varying accounts of when he consumed cocaine were undermined by toxicology showing it was in his system, and that his decision to enter the intersection despite cross traffic demonstrated conscious disregard. The prosecution further contended that his lack of a valid license, which predated the traffic stop, was itself evidence of knowing disregard.

The prosecution also argued, regarding Stafilatos’ post-traumatic stress disorder (PTSD), that triggering must be measured against a reasonable person standard, not a reasonable person with PTSD. They noted that while both the expert clinical psychologist witnesses agreed on the diagnosis, they disagreed on how and when it manifested, and cautioned jurors they were not required to defer to expert opinion. 

Stafilatos says he suffered PTSD as a result of a beating he sustained from police while he was in custody in Montgomery County, Maryland which left him in fear of the authorities.

The prosecutors alleged there were several inconsistencies in Stafilatos’ testimony, including claims about his ability to see pedestrians, his suicide attempts, and what he had to drink. They encouraged jurors to use their common sense in evaluating his credibility.

Continuing the prosecution addressed each charge in turn, arguing that a car can act as a dangerous weapon through its misuse, and that Stafilatos’ injuries to Sui’s wife, who would not have survived without surgery, satisfied the threshold for serious bodilyy injury. Regarding the fleeing charge, they argued that law enforcement signals were clear, that Stafilatos sped away voluntarily and recklessly and that driving his vehicle into traffic made death inevitable. 

The prosecutors displayed a photo of the victims and asked jurors to hold Stafilatos accountable for the expected consequences of his choices.They closed by reminding jurors that driving is a privilege, not a right, and asked them not to give him a way out. 

In his closing argument, Stafilatos’ attorney, Brian McDaniel asked jurors to consider the context of the incident. He emphasized that Stafilatos’s PTSD diagnosis was not self-reported, it was confirmed by two paid experts from both sides who agreed, which he described as unusual. McDaniel noted that records showed Stafilatos was still in fear of law enforcement as recently as Dec. 21, 2022, just eight-to-nine days before the incident, and that his continued medication further corroborated the diagnosis.

McDaniel argued that the prosecution overcharged Stafilatos, contending that the evidence supported vehicular negligent homicide, not second-degree murder. He questioned why if the prosecution was sure about the cocaine in Stafilatos’ system, Stafilatos was not charged with a DUI. McDaniel concluded the prosecution was simply out to charge someone for the sad nature of the case at hand. 

He also told jurors that the car accident unfolded in three seconds, and that it was unfair to analyze the video footage in a sterile courtroom environment rather than from Stafilatos’ perspective at the time. McDaniel asked jurors to consider Stafilatos’ mindset that he could make the gap in traffic and that, had he done so, no one would have died. McDaniel cited this as evidence that Stafilatos did not have an intent to kill.

Regarding the PTSD defense, McDaniel argued that its effects on Stafilatos’ thinking were uncontested, and that the prosecutor’s own expert acknowledged in her own words that PTSD can produce a “startled response.” He contended that the officer’s hand movements during the traffic stop led Stafilatos to believe he was about to be killed, and that his subsequent actions were not a normal response, and Stafilatos was not a normal person. 

McDaniel also reminded jurors that Stafilatos was confronted with all of his prior convictions openly, that many predated his diagnosis, and that the 2009 incident the prosecution relied on was not independently recalled by the officer who testified about it.

McDaniel argued that, even if jurors believed Stafilatos bore some responsibility, the question was not guilt in the abstract but whether the evidence proved the specific charges beyond a reasonable doubt, and that the answer was no.

In the prosecution’s rebuttal, they pushed back on McDaniel’s reading of the law, arguing he cited two legal doctrines as one. They contended that the video of Stafilatos’ leaving the scene was the best evidence of calm, deliberate planning, not a PTSD episode. Prosecutors told jurors that the case came down to credibility, asked them to review the footage, and argued that a finding of guilt on second-degree murder was supported by the evidence.

Judge Brandt then excused the jurors to begin deliberation and parties will reconvene when the jury reaches a verdict. 

Homicide Defendant Accepts Plea Deal Following Mistrial

A homicide defendant accepted a plea deal extended by prosecutors before DC Superior Court Judge Todd Edelman on May 6. 

Jakiem Miller, 28, was originally charged with first-degree premeditated murder while armed, two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, assault with a dangerous weapon while armed, five counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with prior crime of violence, and obstructing justice for his involvement in the fatal shooting of 30-year-old Avon Perkins on the 2400 block of 18th Street, NW, on Dec. 17, 2022. A woman sustained injuries during the incident, but survived. 

On Feb. 13, Judge Edelman granted the defendant’s motion for a mistrial due to a defense attorney’s personal emergency. 

During the hearing, Megan Allburn alerted Judge Edelman of Miller’s intent to accept an agreement which required him to plead guilty to voluntary manslaughter while armed and assault with a dangerous weapon in exchange for a dismissal of all other charges. 

According to the prosecution, had they re-tried the case, they would have proven beyond a reasonable doubt that after an incident at a bar, Miller and Perkins got into a discussion on the street, during which Perkins punched Miller on the face. As Perkins attempted to leave the area, Miller shot at him multiple times, striking him twice, and injuring the woman who was leaving a pizza shop next door. 

The prosecution argued Miller did not act in self-defense, and had no legal justification for his actions. 

Parties are slated to reconvene July 10. 

April Homicides Make 2026’s Deadliest Month to Date

According to D.C. Witness data, there were 15 reported homicide incidents in April, accounting for 17 victims, making it DC’s deadliest month so far in 2026. By comparison, there were three reported homicide incidents in January, 10 in February, and five in March.

As of May 7, of the 15 incidents in April, the Metropolitan Police Department (MPD) has identified three suspects.

According to MPD, in an apparent murder-suicide, 44-year-old Terrell Cross fatally shot 42-year-old Robert Stokes, and then shot and killed himself on April 9 on the 5200 block of 44th Street, NW. 

Niko Lancaster, 26, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 29-year-old Levon Livingston on April 12 on the 1200 block of Valley Avenue, SE. 

According to court documents, Livingston and his wife had ongoing domestic violence issues. Livingston reportedly arrived at his wife’s home, broke through her bedroom window, and she told him to leave because she had company, which was Lancaster. The wife reported that she believed Livingston had left when she heard a “pop.” Lancaster’s preliminary hearing is scheduled for June 25.

Hakeem Jones, 28, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 25-year-old Jamillah Gales on April 21 on the 600 block of Kenyon Street, NW. 

MPD has not identified suspects for the remaining 12 homicide incidents.

According to MPD, on April 29, members of the National Guard observed a group of men fighting on the 400 block of I Street, SW. Keon Jones, 29, sustained a fatal injury to his abdomen.

MPD responded to the 700 block of Kenilworth Avenue, NE for a reported shooting on April 14. Upon arrival, officers located 14-year-old Tyale Coates and 12-year-old Mhilo Young. Coates died at the scene and Young succumbed to his injuries at a nearby hospital.  

MPD is currently offering a reward for information on the unsolved cases.

Parties Delay Trial For Fatal Arson Defendant Amid Mental Competency Dispute

DC Superior Court Judge Neal Kravitz vacated a trial date for a fatal arson defendant on May 1 after the defense expressed their intention to contest his mental competency.

Dayshawn Nolan, 23, is charged with second-degree murder while armed for his alleged involvement in an arson that killed Antoinette Davis on July 3, 2022 on the 400 block of Condon Terrace, SE. Davis succumbed to her injuries on July 17, 2022. 

To be competent to stand trial, Nolan must understand the charges against him and be able to assist his attorney in his defense. According to court records, Judge Kravitz found Nolan incompetent on May 16, 2025 and ordered inpatient restoration at Saint Elizabeths Hospital. Judge Kravitz subsequently found Nolan competent on Nov. 11, 2025. 

At the hearing, Christen Philips, Nolan’s attorney, said the defense intends to contest the most recent report from the Department of Behavioral Health (DBH) filed on April 30 that found Nolan competent. Philips anticipated the defense expert would complete their report by the end of the month.

As a result, the prosecutor expressed his belief that parties could not maintain the trial date of July 20.

Philips wants to resolve the competency matter and keep the trial date in place. Although, Philips said she understood if her request was impractical from a scheduling standpoint.

Judge Kravitz said it was unrealistic to think the competency dispute would be resolved before the scheduled trial since the defense expert would not have a report before the end of the month, and then the prosecutor would need time to respond.

The parties are scheduled to reconvene on June 26 and Judge Kravitz vacated the July trial date.

Shooting Defendant Wants New Lawyer 1 Month Before Trial

The trial date of a suspected shooter who exchanged hostile words with a victim  was put in doubt when the defendant requested new counsel in a hearing before DC Superior Court Judge Carmen McLean on May 5.

Dante Carthens, 45, is charged with aggravated assault knowingly-grave risk while armed and possession of a firearm in crime of violence.  

According to court documents, the incident occurred at a get together on the 700 block of 51st Street, NE on March 21, 2025, when the victim was grazed in the head by a bullet.  He told responding officers that Carthens, a stranger, made a derogatory remark about a woman attending the event. 

Taking offense at the comment, the victim moved the argument outside where Cathens called him a “bitch.”  At which point, Cauthens allegedly pulled out a gun and the pair began to struggle over the weapon. In the melee, Cathens allegedly shot the victim, then pointed the gun at him again. 

During the hearing, Cauthens indicated he wanted to replace his current attorney, Victoria Bethel, for personal reasons with little more than a month before the scheduled June 16 trial.

“I’m concerned with his time in detention, nearing 100 days,” said Judge McLean, referring to DC’s mandatory deadline for bringing a suspect going to trial within the stipulated date.

She said she would reach out to other attorneys including the legal panel that handles the Public Defenders Service cases when their attorneys are not available.  According to court records, Janai Reed has been appointed to represent Cauthens going forward.

A trial readiness hearing has been set for June 4.  

Judge Denies Modified Release For Homicide Defendant

DC Superior Court Judge Danya Dayson denied a request to modify release conditions for a homicide defendant during a status hearing on May 1.

Alfred Paulino-Del Rosario, 23, is charged with conspiracy, first-degree murder while armed, armed carjacking, and two counts of possession of a firearm during a crime of violencefor his alleged involvement in the fatal shooting of Jhonatan Guzman Hernandez, 21, on Dec. 30, 2022, on the 2400 block of 15th Street, NW. 

Paulino-Del Rosario’s attorney, Molly Bunke, asked Judge Dayson to extend her client’s weekly three-hour release block, which was previously granted for job searching. Bunke stated that Paulino-Del Rosario has maintained “perfect compliance” and has used his time “very productively.”

Bunke informed Judge Dayson that the defendant has applied to multiple McDonald’s locations, a Chuck-E-Cheese restaurant, and various construction jobs. “He has more than shown that he can be fully compliant with any amount of conditions that the court sets and he is going to use that time not only to apply to jobs but also again to provide childcare for his young child,” Bunke said.

The prosecution objected to any changes, arguing that the current three-hour window has been “adequate” for the defendant to apply for jobs and secure an interview. The prosecutor noted that Paulino-Del Rosario’s existing conditions already allow him to leave his home for confirmed interviews or employment.

Judge Dayson declined to modify the release conditions at this time but expressed satisfaction with the defendant’s efforts. “I am glad to hear that he’s using that time well and that it’s leading to some fruitful endeavors,” Judge Dayson said.

Parties are slated to reconvene on Aug. 28.

In Prosecution Video, Vehicular Homicide Defendant Says He Doesn’t Care if Victims Died

The prosecution played a video of a vehicular homicide defendant apparently telling a detective he did not care whether the victims survived the accident in a trial before DC Superior Court Judge Rainey Brandt on May 4.

Spiro Stafilatos, 35, is charged with second-degree murder, assault with a dangerous weapon, and fleeing a law enforcement officer for his alleged involvement in a fatal car accident on Dec. 30, 2022 at the intersection of 14th Street and New York Avenue, NW. The incident caused the death of 31-year-old Shuyu Sui, and critically injured another pedestrian, Sui’s wife. 

The prosecution continued their cross-examination of Stafilatos. They walked him through surveillance footage of the moments before impact, pointing to multiple red lights, pedestrians visible in the crosswalk, and extended stretches without brake lights engaged on Stafilatos’ vehicle. 

Stafilatos frequently said he could not recall specific details, citing brain damage from a prior incident. When prosecutors asked if his car spun and hit the two victims, Stafilatos first responded that he didn’t know the answer, then said he didn’t want to respond to the prosecutor anymore. Judge Brandt sharply reminded Stafilatos he would not be permitted to address an officer of the court in that manner, and directed him to respond.

Stafilatos refused to watch crash footage played by the prosecution, prompting the judge to intervene and instruct the prosecutor to move on. The prosecution then played footage of Stafilatos being interrogated by a Metropolitan Police Department (MPD) detective. The detective did not ask Stafilatos any questions about the incident, as Stafilatos began describing the incident from his perspective, without being prompted. The recording ended after Stafilatos made a statement that he did not care whether the victims were dead. 

Stafilatos’ attorney, Brian McDaniel, remarked that, while the prosecution spent two hours going through the incident’s video frame-by-frame, this was not a fair representation about how fast these events actually occurred. McDaniel played the video at full speed one time, and noted because the incident unfolded within a few seconds of Stafilatos allegedly fleeing officers, it is reasonable to conclude that he did not see the pedestrians in the crosswalk, and that he had no intention of harming anyone. 

McDaniel asked about the recorded statement played by the prosecution, Stafilatos said he was impaired from consuming an entire bottle of pills after the accident, and that he was regretful over what occurred. 

Stafilatos apologized to the victims’ families, and reiterated that he had no intention of hurting anyone, and when he realized he had, he attempted to take his own life. 

The prosecution then presented their rebuttal by calling a retired corporal from the Arlington County Police Department who testified about a 2009 hit-and-run incident where Stafilatos was in an accident on the highway, and did not pull over upon hitting another vehicle.

After the police were alerted, Stafilatos complied and was pulled over. He testified that Stafilatos failed all field sobriety tests and denied taking more than one drink. The corporal acknowledged he had no clear recollection of the encounter and based his testimony entirely on contemporaneous reports.

On cross-examination, McDaniel noted that the corporal conducted hundreds of sobriety exams over his career, and it was not uncommon for someone to underestimate the amount of drinks they had. He also emphasized that the corporal had no independent recollection of the encounter.

On redirect, the prosecution established that the notes and paperwork filed following the hit-and-run incident were accurate and detailed. They said that this suggests that the corporal’s testimony was still reliable, regardless of his personal recollection of the incident.   

The prosecution then called an MPD detective who testified about his post-arrest interview with Stafilatos, presenting an aerial map of the incident area and footage from the interview itself. He noted that Stafilatos voluntarily spoke with him for 30-to-40 minutes after being read his Miranda rights. The detective mentioned that Stafilatos did not indicate experiencing suicidal ideation, and if he had, the detective would have been required to report it.

McDaniel highlighted that the detective sat back and allowed Stafilatos to speak at length even after he raised mental health concerns, and confirmed that Stafilatos raised his post-traumatic stress disorder (PTSD) during the interview.

The prosecution’s final rebuttal witness, an MPD patrol officer, testified that he accompanied Stafilatos in the ambulance to the hospital following the crash, wearing the same standard uniform and firearm he had on at the scene. The prosecution noted that Stafilatos seemed calm, even in the presence of the officer.

McDaniel established that the officer had no recollection reaching for a gun, which would’ve been a triggering act for Stafilatos’ PTSD. McDaniel said that the officer’s sole purpose was to ensure Stafilatos received medical care, and that he had no knowledge of the accident itself.

The prosecution then rested its rebuttal case, and Judge Brandt began her instructions to the jury.

The parties are scheduled to reconvene for closing arguments on May 5.

Parties Reschedule Stabbing Defendant’s Sentencing Acknowledging She Didn’t Act in Self-Defense

DC Superior Court Judge Neal Kravitz rescheduled a stabbing defendant’s sentencing after he confirmed she did not act in self-defense in a hearing on May 1. 

Daniyah Dailey, 36, pleaded guilty on Feb. 6 to two counts of assault with a dangerous weapon for her involvement in a stabbing on Nov. 27, 2021 on the 2200 block of 25th Place, NE. The victim sustained wounds to their neck and forehead.

Before Dailey’s scheduled sentencing, Judge Kravitz said the prosecutor contacted his chambers with a concern about Dailey’s statements to the pre-sentence report writers. Judge Kravitz said it appeared Dailey indicated that she stabbed the victim in self-defense or in defense of her former boyfriend. 

“I want to keep my guilty plea,” affirmed Dailey. When Judge Kravitz asked whether Dailey was comfortable with her decision she responded,“I am your honor.” 

The prosecutor thanked parties for scheduling the hearing. He explained that the victim and their caretaker’s travel required approval and he wanted to ensure the sentencing would be held when they are present.

The parties started to discuss a sentencing date in June when Dailey asked “Your honor, please, can we schedule something sooner. I don’t want to wait until June if possible.”

Dailey’s new sentencing date is scheduled for May 29.

Judge Kravitz told Dailey to “hang in there.”

Experts Describe Vehicular Homicide Suspect’s Actions Related to PTSD

DC Superior Court Judge Rainey Brandt presided over testimony from a homicide defendant and clinical psychologists claiming the suspect has post-traumatic stress disorder (PTSD) in a trial on April 30.

Spiro Stafilatos, 35, is charged with second-degree murder, assault with a dangerous weapon, and fleeing a law enforcement officer for his alleged involvement in a fatal car accident on December 30, 2022 at the intersection of 14th Street and New York Avenue, NW. The incident caused the death of 31-year-old Shuyu Sui, and critically injured another pedestrian.  

Brian McDaniel, the defense attorney, called Stalilatos to testify on his own behalf. 

He began by acknowledging his prior convictions for robbery, reckless driving, unauthorized use of a vehicle, violation of a protective order, and carrying a firearm. Stafilatos testified that in April 2020, while serving time in Maryland’s Montgomery County Jail, correctional officers assaulted him, leaving him with a broken nose, two broken eye sockets, and a broken cheekbone. He said that these events triggered PTSD around police officers and brain damage requiring medical treatment.

Stafilatos testified that on the day of the incident, he took his mother’s car without her knowledge to pick up her heart medication and dropped off a female friend at work. The vehicle was apparently without a front license tage and missing a registration sticker on the back plate. He said the sight of an officer dismounting a bike triggered his PTSD, and that he stepped on the accelerator for fear of being shot when the officer reached toward him three times. He maintained he did not see pedestrians on the crosswalk, did not intend to harm anyone, and consumed a full bottle of Klonopin, a medication used to treat panic disorders, to kill himself after realizing someone was hurt.

On cross-examination, the prosecution focused on Stafilatos’ alleged use of cocaine before the incident. Stafilatos maintained that he did not have any cocaine the day of the incident, and that anything in his system was left over from prior use. 

Stafilatos said he could not recall how much cocaine he had used, attributing memory loss to the police damaging his brain. He said he did not remember where he picked up the woman, where she lived, or where he picked up the car.

McDaniel also called a clinical neuropsychologist and associate professor, who testified that the defendant met the diagnostic criteria for PTSD with the April 2020 assault as the source of trauma. The expert said PTSD causes fear-driven parts of the brain to run unchecked, which allegedly distorted Stafilatos’ sense of reality and made him act impulsively in the moment and causing him to flee law enforcement. 

On cross-examination, the expert acknowledged he could not rule out a motive to escape or cocaine use as other potential factors. The prosecution noted that the expert did not know if Stafilatos was on medications at the times that the witness met with Stafilatos during his original diagnosis. The expert responded that he was judging Stafilatos’ behavior as a study of probabilities, and that the pattern of symptoms made it highly probable PTSD was at play.

The prosecution then called its own clinical psychologist, who concurred that the defendant met PTSD diagnostic criteria, but characterized his behavior after the crash as “goal-directed.” She testified that bodyworn camera footage from the ambulance did not show the defendant appearing fearful of police, and assuming his PTSD was triggered, it would not have caused him to flee as he did. The expert said she could not rule out cocaine use as an alternative explanation.

On cross-examination, the expert agreed PTSD can cloud judgment and contribute to decision-making. McDaniel mentioned that her own reports after meeting with Stafilatos stated the relevant factors could have been reasonably caused by PTSD. She agreed with the defense expert that the source of the defendant’s PTSD was the April 2020 assault.

Parties are slated to reconvene on May 4.

Road Rage Shooting Defendant Sentenced to 60 Months

A defendant responsible for shooting 11 rounds at a victim for a fender bender was sentenced by DC Superior Court Judge Rainey Brandt on May 1 to 60 months of confinement. 

On Feb. 10, Earl Harris, 45, pleaded guilty to assault with a dangerous weapon and unlawful possession of a firearm by a convict for his involvement in a shooting that occurred at the intersection of 23rd and R Streets, SE on Aug. 21, 2025. No injuries were reported. 

The incident, a fender bender gone awry, was a response in anger, according to Harris’ attorney Rachel Cicurel. She said Harris shot 11 times into the air, not to hurt anyone, but to warn the victim to “leave [him] alone.” She argued Harris would not have shot into the air if he intended to harm anyone. 

Harris reportedly had not possessed a gun in more than 20 years. Cicurel said that in the time just before the incident, he became paranoid due to his existing mental health issues and spiraled downward, feeling he needed to protect himself. Cicurel argued for a lighter sentence, saying Harris has learned that any time he possesses a weapon either he or others get harmed. 

Cicurel addressed Harris’ criminal history, saying it “wreaks of drug abuse” and emotional issues due to an unresolved traumatic experience as a child. 

According to Cicurel, Harris’ mother was shot and killed by her boyfriend when Harris was just five-years-old. Cicurel claimed Harris’ grief went untreated, and said it is common for developmental issues to arise in people with a similar loss. She informed the court Harris was diagnosed with manic depression, post-traumatic stress disorder (PTSD), and schizophrenia, and went untreated until he was 30-years-old. 

Cicurel stated Harris began abusing substances at the age of 13 and has since struggled with substance abuse.

Additionally, Harris was involved in a romantic relationship with a woman who was reportedly a source of stress and toxicity. Judge Brandt acknowledged the relationship, telling the parties Harris’ partner appeared before her on a bench warrant. 

Cicurel argued for a year of confinement and for both charges to run concurrently. She also requested Harris be sent to FCI-Allenwood, a prison in Pennsylvania that has a Residential Drug Abuse Program (RDAP).

Harris apologized to the court and thanked DC Jail for the substance abuse treatment they have provided him. Harris said he was addicted to fentanyl and cocaine. 

“The day I was arrested was the day I was going nwhere fast,” Harris said. 

Since then, Harris has worked toward sobriety and joined a Jehovah’s Witness Bible study group which has changed his life. When he is released, Harris intends to create a program for unhoused addicts to “keep them from going down the path I have.” 

Harris thanked his father for his continued support given that at age 72, “he needs my support more than I need his.” 

The prosecution presented two videos of the incident for Judge Brandt. The videos depicted the accident, Harris escalating the situation, shooting at the victim, and subsequently pursuing the victim as they drove away. 

The prosecution emphasized their concern about the severity of Harris’ actions, informing the court the shooting was near a school where teachers were preparing for the children’s arrival. They argued the 11 shots fired were certainly with the intent to kill.

The prosecution suggested a sentence of 78 months of confinement.

Judge Brandt, after hearing the parties’ arguments, expressed sympathy to Harris for the loss of his mother. However, she stated, “I see the situation you found yourself in a different way.” 

“It’s not about why you had the gun, but about what you did with the gun,” she said. Judge Brandt continued, saying shooting a handgun 11 times is not right and “not how adult humans settle their differences.” She said bystanders could have been put in harm’s way.

She acknowledged Harris’ effort and considered that in her sentencing. “I both see and hear you. I am proud of the fact that instead of just sitting in jail and not doing anything, you have made progress in turning your life around,” Judge Brandt said.

Judge Brandt imposed a 36 months sentence for the unlawful possession of a firearm charge, and 60 months for the assault charge, which will be served concurrently. Harris is also required to serve five years of supervised release, and must register as a gun offender. 

No further dates were set.

Homicide Defendant Rejects Plea Deal, Requests Transfer to Treatment Center

A homicide defendant rejected a plea deal and requested he be transferred to a treatment center before DC Superior Court Judge Rainey Brandt on May 1.

Richard Holmes, 36, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 31-year-old Franck Foute Mohdjiom at the 300 block of Anacostia Road, SE on Aug. 26, 2025. 

Holmes’ attorney, Michael Bruckheim, alerted Judge Brandt of Holmes’ intent to reject a plea deal extended by prosecutors, which would require Holmes plead guilty to second-degree murder while armed. In exchange, the prosecution would agree to not seek additional charges, and parties would agree to an 18 years sentence. 

Bruckheim also requested Judge Brandt make a recommendation to the Department of Corrections (DOC) that Holmes return to the Correctional Treatment Facility (CTF), as opposed to detention in the DC Jail. According to Bruckheim, they do not know why he was transferred, but Holmes would like to return to CTF in order to continue receiving mental health treatment and attending cosmetology classes.

Judge Brandt agreed but reminded Bruckheim DOC does not have to follow her recommendation.

Parties are slated to reconvene July 21.

Judge Warns Probationer– it’s Drug Treatment or ‘Shake, Rattle and Roll’ on Cell Floor

DC Superior Court Judge Deborah Israel bluntly warned a stabbing probationer to get mandatory drug treatment or “shake, rattle and roll” on the jail floor.  Doctors have used the phrase to indicate the potential severity of withdrawal symptoms. 

Lenare Leath, 22, pleaded guilty in February 2025 to assault with intent to commit robbery. He was originally charged with that crime as well as a stabbing that occurred on May 2, 2025 on the 1200 block of W Street, NW. One individual sustained injuries during the incident. 

In August, Leath was sentenced to 36 months with all time suspended under the Youth Rehabilitation Act (YRA)  which allows judges some discretion in sentencing and seals information about the defendant’s record when completed successfully. 

In addition, Leath was ordered to serve three years of supervised release and two years on probation under the condition of regular drug testing supervised by the Court Services and Offender Supervision Agency (CSOSA).  

During the proceeding, a CSOSA representative alerted Judge Israel that Leath had tested positive for fentanyl as an outpatient and was having trouble abstaining from drugs. 

“That doesn’t shock me one iota,” said Judge Israel who said she was in favor of moving Leath to in-patient status. 

“The reality is actually I’m worried we’re going to lose you,” said the judge.

Leath’s attorney, Quiana Harris, said she had located a treatment facility willing to take Leath as a patient.

However, Judge Israel ordered Leath to in-patient treatment at the Psychiatric Institute of Washington (PIW) and said she expected to hear back on May 4 that Leath complied.

“I know it doesn’t sound like it, but your judge cares very much about you,” said Judge Israel.

According to court records, a CSOSA officer confirmed as of May 4 Leath is an in-patient at PIW.

Leath’s next probation hearing is scheduled for May 26. 

Judge Delays Sentencing Stabbing Defendant After Defense Makes Improper Request

DC Superior Court Judge Neal Kravitz delayed sentencing for a stabbing defendant on May 1 to allow his attorney time to request a sentence allowed under the plea agreement.

Christopher Moore, 32, pleaded guilty on March 5 to aggravated assault knowingly while armed and assault with a dangerous weapon for his involvement in a stabbing on March 1, 2024 on the 1900 block of I Street, NE. The victim sustained life-threatening lacerations that required treatment at a hospital. 

At Moore’s scheduled sentencing, Judge Kravitz noted the victim reportedly killed Moore’s father.

Judge Kravitz explained that Moore’s recommended sentence based on the guidelines and his criminal history score was 48-to-120 months for aggravated assault and 18-to-60 months for assault with a dangerous weapon. 

The prosecution requested Moore serve a total of 102 months in prison, 84 months for aggravated assault and 18 months for assault with a dangerous weapon. Judge Kravitz said the request from Moore’s attorney, Sellano Simmons, was unclear. 

Simmons said, “We’re asking that Moore not serve another day in jail.”

Judge Kravitz said he could sentence Moore as requested, but Simmons did not have the authority to ask for the outcome. As part of the plea deal, the parties agreed to not seek an upward or downward decision outside of Moore’s guideline range. 

“The court still has discretion and I’ll leave it at that,” said Simmons, but acknowledged Judge Kravitz was correct about the plea deal requirements.

Judge Kravitz granted the prosecutor’s request to strike Simmons’ request from the record.

As a result, Judge Kravitz delayed sentencing to allow Simmons to file a request that’s permissible under the agreement.

Moore’s new sentencing date is scheduled for June 26.