Defense Challenges Fairness of Arrest Videos, Search Warrant Evidence

Defense attorney Gretchen Franklin raised objections to the prosecution’s evidence in a carjacking conspiracy case before DC Superior Court Judge Neal Kravitz on Nov. 12.

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.

Prosecutors called in a detective with the Metropolitan Police Department (MPD) to testify. The detective participated in a search warrant on June 6, 2023, at an apartment on the 4400 block of Connecticut Avenue, NW.

It was not stated whose residence– however, the detective later testified that he went into the apartment to recover items that belonged to Jordan.

The detective’s body-worn camera footage showed him and other investigators as they made entry into the apartment.

In the video, one of the investigators was seen grabbing a Moncler bubble coat from a closet inside one of the bedrooms. The investigator also confiscated two pairs of white Nike Air Force 1 shoes from the same room.

Later in the video, the detective mentioned the name of the victim involved in the May 16, 2023 carjacking as he pulled the victim’s ID card from a shoebox inside the bedroom.

The coat, shoes, and victim’s ID card was brought in as physical evidence in court.

Upon cross-examination, Jordan’s defense attorney, Brian McDaniel, asked the detective if he and the other law enforcement officers tossed around clothes in the apartment, noting that in the video, the place looked ‘neat’ before the search warrant was executed.

The detective said that they were responsible for the place being stripped apart, and explained that it is part of the process to make sure that they do not miss any evidence.

McDaniel also inquired about the coat, pairs of shoes, and victim’s ID card that were recovered from the apartment and asked the detective why those items were specifically confiscated. The detective stated that his case manager guided him and the other investigators on which items to confiscate from the apartment.

Defense attorney Gretchen Franklin, who represents defendant Flowers, raised an objection to the prosecution’s continuing to show home raids footage and arrest videos of the defendants.

“Body-worn cameras of arrests and raids are irrelevant and inflammatory. It just shows videos of police with their guns,” Franklin argued.

The prosecution explained that the admission of home raids and arrest videos shows where the defendants lived in 2023, which they argue will help to connect cell site data. Additionally, the prosecution argued that these videos also give a physical description of how the defendants looked two years ago when they were arrested.

Judge Kravitz agreed with the defense’s argument of relevance. “There is no relevance in showing the defendants being arrested by U.S. Marshals with their guns and handcuffs,” Judge Kravitz argued.

Judge Kravitz ordered the prosecution to show one picture of each defendant to highlight their physical appearances in 2023.

The prosecution explained that they also intended to use the defendants’ booking photographs to show how they looked. Franklin made an objection to this as well, arguing that people tend to look ‘angry’ in their booking photographs and that the prosecution has ‘normal’ photos of the defendants that they could use to show their appearances.

Judge Kravitz stated, “I was told all the trial exhibits were disclosed before trial.”

“The defense needs to notify the prosecution of their objections instead of wasting the jury’s time,” said Judge Kravitz.

Parties are slated to reconvene on Nov. 13.

Carjacked Veteran Testifies in Seven Co-Defendant Conspiracy Trial

An Air Force veteran testified about being carjacked and robbed before DC Superior Court Judge Neal Kravitz on Nov. 12.

The victim in the April 27, 2023 incident stated that he was stopped at the intersection of K and 8th Street, NE in his BMW X6 when a black sedan pulled in front of him and two men in ski masks and armed with guns got out and carjacked him. He stated that he was on his way to work at the time and that a passerby drove him the rest of the way to his office, where she called 911 for him.

The prosecution entered two videos into evidence which the witness stated depicted the incident itself and his interaction with the police immediately after the event. In the former, he stated that he can be seen exiting the vehicle quickly with his hands raised so he did not appear threatening to the suspects. He stated that the men were young, Black, and between 5′ 8 and 5′ 11 but that he could not identify anything else because of their masks.

The victim stated that he had only been living in the area for six months at the time of the incident, and had previously been living in Germany while in the Air Force.

According to the victim, his car and other belongings were returned approximately one week later by police, but iterated that he never found his personal or work phone.

Stephen LoGerfo, attorney for Montgomery, questioned the victim on whether any of the men were wearing gloves, which the victim said they were not.

Christopher Young, representing Giles, confirmed with the witness that none of the assailants had any long guns and were only using pistols.

Brian McDaniel, attorney for Jordan, questioned the victim on how he could tell the height of the men from the brief time he saw them. He stated that he had made a rough approximation but that the entire incident lasted around 15 seconds.

He also confirmed that he could not see the driver of the lead vehicle and could not give a description. McDaniel finished his cross examination by asking whether he had ever been asked to identify anyone, which the victim said he had not.

Daniel Dorsey, counsel for Gillum, confirmed with the victim that neither of the two men involved had a large Nike logo on their clothes.

Prosecutors called in a Metropolitan Police Department (MPD) detective to testify. The detective, who said he worked the carjacking taskforce in May of 2023, participated in a search warrant at an apartment on the 1300 block of Florida Avenue, NE, on May 17, 2023.

The residence belonged to Jordan, according to the detective.

The detective testified that the property of the victim in the May 16, 2023 incident was found inside Jordan’s apartment.

The prosecution played the detective’s body camera footage from the search warrant. In the footage, Jordan was seen in handcuffs and at least six other bystanders were seen in the apartment.

Another officer was seen looking through a white trash bag that was on the floor in Jordan’s apartment. In the trash bag, the officer pulled out a DC license plate. The prosecution asked the detective, “whose license plate is that?” to which attorney McDaniel objected.

The name of the victim in the May 16, 2023 incident was heard as the officer recovered a pill bottle, wallet, social security card, and a triple-A card in the name of the victim.

After the video was shown, McDaniel asked the detective if he knew the duration of the search warrant went on before he entered the apartment. The detective testified that he did not know.

McDaniel also inquired about the white trash bag and asked if it had been searched before the detective entered the apartment. The detective also testified that he did not know.

Dorsey asked the detective if he interviewed the others who were present at Jordan’s apartment. The detective testified that he interviewed three individuals. Dorsey then asked if Gillum was one of the people he interviewed. The detective said that Gillum was not one of the people he spoke to.

Prosecutors called an MPD officer that had been involved in the raid on an apartment that recovered multiple firearms allegedly connected to the case. The officer confirmed that a pistol that had been entered into evidence was the one recovered from the raid that day. Cross-examination from McDaniel concerned whether any other officers aside from the witness could have contaminated it before recovery, to which the officer said he was not sure.

Parties are slated to reconvene on Nov. 12.

Mothers in Family Brawl, Fatal Shooting Testify

Two mothers involved in a family brawl turned fatal shooting took the stand on Nov. 10 before DC Superior Court Judge Danya Dayson.

David Pena, 49, is charged with second-degree murder while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm. The charges are in connection to Pena’s alleged involvement in the fatal shooting of 24-year-old Maurice Robinson on the 2900 block of Southern Avenue, SE on June 12, 2023.

Prosecutors called Robinson’s mother to testify. She testified that she and the mother of the other young woman involved in the fight were like sisters. She stated that on the evening of June 12, 2023, she received a call from her to meet up, though she did not know why.

When Robinson’s mother arrived, along with her husband, her husband’s brother, Robinson, and her daughter, she learned that there was a confrontation and her niece was going to fight. She stated that no one in her car had any firearms.

When the fighting began, the witness stated that she maced the mother of Pena’s child because she attempted to join the fight.

When the fight moved into the street, the witness stated that at some point Pena was on the ground, got up, and pulled out a gun. She testified that she saw him reach into his pants, her son told her to move, she heard gunshots and then she ran to her car.

The witness stated that Robinson ran as well, but when they reached the parking lot he collapsed because he had been shot. She stated that she put him in the car and sat in the back with him while her husband drove to the hospital. She noted that Robinson was airlifted to another hospital shortly after. According to the witness, she spoke to law enforcement at the hospital and had never met Pena.

In a cross examination by Pena’s attorney, Dana Page, the witness stated that she was not told over the phone that her niece was going to fight. Page noted that in the witness’ grand jury testimony she testified that she was told her niece was going to fight.

When questioned about having mace, the witness stated that she always carries mace on her keychain which she had with her at the time of the fight. Page noted that she was not using her keys because her husband was driving to which the victim agreed.

The witness stated that she doesn’t remember ever mentioning to law enforcement that she had mace or maced anyone. When Page indicated that the witness maced children during the fight, she stated that that was news to her. According to the witness, she did not mace any children.

Page read transcripts from the grand jury in which she had testified to holding Robinson in the back of the car, bleeding, as they rushed him to the hospital. Her clothes and shoes, she had said, were bloodied.

Page showed images from body-worn camera and surveillance footage taken at the hospital showing Robinson’s mother riding in the front passenger seat of the car and, later, talking to officers with no apparent blood on her clothes.

“You can see your pink pajamas in the front seat, right,” Page said. “Ok, I was wrong,” Robinson’s mother replied.

Page further pressed the issue of her reliability as a witness, asking her directly if she hated Pena.

“You hate Mr. Pena don’t you,” Page said. Robinson’s mother responded that she initially hated Pena but no longer did. Page again turned to grand jury transcripts in which she had said that she had no bad feelings against anyone involved in the case.

Finally, Page turned her examination to an attempted arson at the apartment where Pena and his family lived. Robinson’s mother denied any involvement in the attempted arson, which occurred two days after the shooting.

Page played an Instagram Live video Robinson’s mother had made the morning after the attempted arson. In the video, the witness can be heard talking about participating in something illegal the night before.

“I just did some shit last night that I’m supposed to be in jail for now,” she said in the video.

Robinson’s mother denied any connection between her statement and the attempted arson. Judge Dayson instructed the jury to consider the alleged arson incident only insofar as it affected the witnesses’ credibility.

During the hearing, prosecutors also resumed their examination of the mother of Pena’s child, who was present at the scene of the brawl and subsequent shooting.

The witness stated that the first time she spoke to law enforcement she didn’t see who was shooting. She testified that she later told detectives that Pena was the one shooting. According to the witness and prosecutors, in her grand jury testimony she stated that she heard gunshots, but did not see who fired them.

Prosecutors asked whether she saw who fired gunshots to which the witness responded, no. The witness stated that she was initially untruthful because she did not want Pena to get in trouble or be upset with her.

The witness stated that on the date of the incident she saw Pena with a gun as she made her way up the stairs of her apartment after hearing gunshots. She testified that she did not see any other guns or weapons.

In a cross examination by Pena’s orther attorney, Gail Engmann, the witness testified that before the fight she was in the passenger seat of a car located by the sidewalk.

From the car, the witness stated that she could see her daughter get dragged into the street and two men join the fight. She noted that the individual in the car with her was trying to protect her daughter, and Pena was trying to break up the fight.

She stated that she saw someone macing her daughters and, after shots were fired, she and her family ran back inside. The witness testified that when she told detectives that Pena was the shooter she did not mean that she saw him shooting. She stated that she heard gunshots, saw Pena with a gun, and put two-and-two together.

According to the witness, Pena has never been upset with her for telling law enforcement what she knows.

The witness stated that she and Pena were romantically involved, but Pena was out of her life for a period of time. She stated that Pena eventually moved back in with her as she was battling cancer and he later moved across the hall of the apartment building and continued building a relationship with their daughter.

In a redirect by prosecutors, the witness testified that she saw people trying to kick her daughter on the left side of the vehicle she was in and she was out of the car when she heard gunshots.

Prosecutors also called to the stand a forensic pathologist with the Office of the Chief Medical Examiner (OCME) to testify about the injuries Robinson sustained. The witness, who had performed an autopsy on Robinson, explained the nature of the gunshot wounds to Robinson’s back, chest, and arm as prosecutors showed images of wounds to the jury.

The witness said that the four bullets had entered through Robinson’s back and were not fired at an extremely close range.

Prosecutors also entered two of the bullets recovered from Robinson’s body into evidence.

Before parties retired for the day, prosecutors informed the jury that the defense and prosecution had both agreed to the authenticity of several pieces of evidence in the case without needing to call witnesses to testify about them.

The two sides had both agreed to the chain of custody over Robinson’s body and both had agreed that Pena had been convicted of a crime punishable by a term exceeding one year prior to the shooting. Additionally, the parties agreed to the authenticity of several enhanced surveillance videos of the brawl and shooting.

Trial is set to resume Nov. 12.

Stabbing Defendant Released For Want of DNA Evidence

A stabbing defendant was released on Nov. 12 after DC Superior Court Judge Judith Pipe expressed frustration over the prosecution’s delay in obtaining DNA evidence.

Dennis Doleman, 49, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing on the 300 block of H Street, NE on Aug. 7, 2025.

During the incident, Doleman is alleged to have stabbed the victim, who was in a mobility scooter, in the hands, face, neck, and back multiple times, according to court documents.

Judge Pipe showed little patience with the prosecution from the outset of the hearing. She initially denied a prosecutor’s request to speak with her under seal, telling the prosecutor that anything to do with DNA testing should not be discussed in private.

Judge Pipe later relented and spoke with the prosecution under seal, though she quickly pressed the prosecution about DNA testing after the sealed conversation had ended.

“Why have you not submitted anything for testing,” Judge Pipe said.

At Judge Pipe’s urging, the prosecution agreed to release the hold on Doleman as they continue work on DNA evidence.

“You want nine months to do your investigation, great. All you need to do is release the hold,” Judge Pipe said after the prosecution agreed to release Doleman.

Doleman’s attorney, Todd Baldwin, had unsuccessfully petitioned for his release in two previous hearings, arguing that Doleman acted in self-defense and did not pose a threat to the community.

Doleman will be required to report regularly for drug testing and stay away from the victim. Prosecutors did not ask for Doleman to be fit with a GPS ankle monitor or maintain a curfew.

Parties are slated to reconvene Jan. 23.

Defendant Pleads Guilty to Voluntary Manslaughter in Shooting

A homicide defendant accepted a plea deal extended by prosecutors on Nov. 12, before DC Superior Court Judge Todd Edelman

Keshawn Lavender, 24, was originally charged with first-degree murder while armed, assault with intent to kill while armed, attempted robbery while armed, possession of a firearm during a crime of violence, and conspiracy while armed for his alleged involvement in a robbery and shooting that resulted in the death of Matthew Miller, 32, on the 200 block of M Street, SW on Sep. 6, 2023.

Lavender agreed to plead guilty to voluntary manslaughter while armed in exchange for the prosecution’s dismissing all other charges. Through the deal, parties agreed to a sentence of seven years in prison.

De’Andre Sams, 29, and Raymond Mathis, 38, have also been charged in connection to the shooting. Sams pleaded guilty to voluntary manslaughter while armed on Aug. 14 and was sentenced to 132 months imprisonment on Oct. 17. Mathis is scheduled to begin trial on Jan. 25, 2027.

The prosecution stated that surveillance footage of Lavender entering and exiting the apartment building, as well as traces that were likely his DNA at the site of the shooting, would have proven his guilt had the case gone to trial. They stated that 100 pounds of marijuana were in the apartment the men were attempting to rob.

Judge Edelman accepted Lavender’s guilty plea, but stated that he will determine whether the agreed sentence is appropriate.

Sentencing has been set for Jan. 23, 2026.

Carjacking Defendant Arraigned, Co-Defendant Late to Court

A carjacking co-defendant was arraigned and pleaded not guilty before DC Superior Court Judge Deborah Israel on Nov. 10.

Damien Waller, 23, Martrail Cunningham, 27, and Wayne Brown, 22, are charged with armed carjacking, armed robbery, and two counts of possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on the 1300 block of Wallach Place, NW, on Aug. 4, 2024.

Cunningham is also charged with an additional count of carjacking, two counts of possession of a firearm during a crime of violence, armed robbery, and unlawful possession of a firearm by a convict for his alleged involvement in an incident that occurred at the 1300 block of Jasper Place, SE on Aug. 25, 2024.

During the arraignment, Joseph Fay, Waller’s defense attorney, pleaded not guilty and asserted Waller’s rights to a speedy trial and requested evidence favorable to the defense from the prosecution.

Brown recently was appointed a new defense attorney, Brandon Burrell, on Oct. 27, although, according to court records, Brown failed to appear on time for his ascertainment of counsel hearing.

Cunningham’s defense attorney, Darryl Daniels, also told the prosecution that he was open to a new plea deal. Cunningham previously rejected a deal on July 14 that would have required him to plead guilty to two counts of unarmed carjacking and one count of unlawful possession of a firearm in exchange for the prosecution not seeking an indictment.

Parties are slated to reconvene on Feb. 2, 2026.

Stabbing Defendant Acquitted on All Charges

A jury acquitted a man facing three charges for a weapons offense before DC Superior Court Judge Jennifer Di Toro on Nov. 10.

Williams Azocar-Salas, 29, was originally charged with assault with a dangerous weapon and carrying a dangerous weapon for his alleged involvement in a stabbing on April 7, 2024 on the 1300 block of Clifton Street, NW. One victim suffered minor cuts from the incident.

Throughout the trial, Julie Swaney, Azocar-Salas’ defense attorney argued that the encounter between him and the victim, his former roommate, was inconsistent with the prosecution’s argument.

The prosecution focused heavily on details from the victim that Azocar-Salas made an advance and later grazed the victim’s stomach with a knife he was been carrying, in addition to previously sending threatening messages.

According to the victim’s testimony, the two men had been family friends and were from the same town. The victim also testified that Azocar-Salas helped him win an account in his work with the food delivery service, DoorDash.

At the time of the incident, Azocar-Salas recently moved out of their shared home, and was in a a dispute with the victim over money.

The victim testified that the encounter became violent after he stepped backward. and landed on top of Azocar-Salas after he tripped on his moped. There was no prior mention of either man carrying a weapon.

The prosecution, however, said that Azocar-Salas made an advance, contrary to the victim’s testimony. Once the two men were on top of each other, the victim testified he attempted to grab the knife, which resulted in minor cuts sustained during the incident.

Following a day of deliberations, the jury returned a not guilty verdict.

Judge Di Toro ordered Azocar-Salas be released from the jail.

No further dates were set.

Jail Stabbing Co-Defendants Plead Not Guilty at Arraignment

Two co-defendants accused of stabbing another inmate at the DC Jail pleaded not guilty during an arraignment before DC Superior Court Judge Errol Arthur on Nov. 6.

Melvin Morris, 27, and Malik Terrell, 23, are charged with assault with intent to kill while armed, assault with a dangerous weapon, and unlawful possession of contraband into a penal institution. The charges stem from their alleged involvement in a non-fatal stabbing at the DC Jail on the 1900 block of D Street, SE on Aug. 17.

The victim, a homicide defendant sentenced on Oct. 17 for his involvement in the death of 32-year-old Matthew Miller, sustained eight wounds to his torso, head, face, back, and neck.

At the hearing, the court arraigned Morris and Terrell on the charges against them. Morris’ attorney, Megan Allburn, and Terrell’s attorney, Lauckland Nicholas, pleaded not guilty on their behalf and asserted their right to a speedy trial.

The prosecutor indicated they extended a plea deal but did not discuss the terms in court.

Parties are scheduled to reconvene on Dec. 11 to determine if the case will proceed to trial.

Judge Denies Prosecutor’s Request to Revoke Release for Murder Defendant

DC Superior Court Judge Danya Dayson denied the prosecution’s request for revocation of release for a murder defendant on Nov. 7.

Jeremiah Simms, 26, is charged with first-degree premeditated murder while armed, felony murder while armed, assault with intent to kill while armed, four counts of possession of a firearm during crime of violence, attempted robbery while armed, carrying a pistol without license, and destruction of property $1000 or more. The charges are in connection to his alleged involvement in the fatal shooting of 44-year-old Erik Mewborn, on Sept. 14, 2024, on the 2200 block of Adams Place, NE.

According to court documents, Simms was released on Jan. 15. On July 30, a grand jury indicted him and the prosecution requested he be placed back in jail in light of the new charges, which augmented his original charge of second-degree murder.

Judge Dayson decided to not revoke Simms’ release, saying it would not be appropriate at this point, since he has been compliant with his release conditions.

Defense attorney Mani Golzari also requested evidence from the prosecution to prepare for trial, which is set for Sept. 21, 2026.

Golzari also requested information about the criminal history of the victim.

Parties are set to reconvene on Feb. 6 to discuss this evidence.

Judge Sentences Murder, Jail Stabbing Defendant to Nine Years in Three Cases

DC Superior Court Judge Danya Dayson sentenced a defendant to just over nine years in prison for three cases on Nov. 7.

On March 28, Chad Hawthorne, 44, pleaded guilty to voluntary manslaughter while armed for the fatal shooting of 35-year-old Antonio Bassett on May 22, 2017 on the 3900 block of Pennsylvania Avenue, NE.

Hawthorne also pleaded guilty to simple assault for his participation in a jail stabbing on June 20, 2018 at the DC Jail on the 1900 block of D Street, SE.

Hawthorne previously went to trial for Bassett’s death, which, according to court documents, resulted in a mistrial due to two crucial witnesses dying pretrial. The prosecution agreed to downgrade the charges to voluntary manslaughter to achieve a plea deal.

At the sentencing on Nov. 7, he also pleaded guilty to simple assault and possession of a prohibited weapon for another stabbing at the DC Jail on July 25, 2025.

The prosecution said that if they had gone to trial, they would have proven that Hawthorne possessed a shank, approached the victim at the jail and stabbed him twice. Hawthorne objected to the word “stabbing,” saying that he rather “cut” the victim.

During sentencing, Bassett’s sisters spoke via Webex.

One sister called Hawthorne a “merciless fool.”

“You took a whole life with no remorse, with no feelings behind it,” she said.

She also reiterated that her family has not been the same since Bassett’s death.

Another sister said Antonio was killed on her birthday and that she has not been able to celebrate since. She also said that “at the end of the day, everybody has to answer to God.”

As part of his plea agreement, parties agreed to a specific sentence of 102 months for Bassett’s death.

During sentencing, the prosecution restated the brutality of the killing – Bassett was sleeping when he was shot.

“I can tell you this was first-degree murder every day, all day long,” the prosecutor said. “He ought to do every day possible.”

The prosecutor also asked for the maximum sentence for the 2025 jail stabbing, which would have been one year for possession of a prohibited weapon and 180 days for simple assault.

Defense attorney Tammy Thom argued that the prosecution’s statements were “ingenuous.” She explained that Hawthorne committed his crimes out of fear and that the jail is a violent place.

“He did that because he had been threatened,” Thom said.

Hawthorne also decided to speak during his sentencing.

“I apologize to the court,” he said. “I apologize to the victim’s family, to my family.”

Hawthorne also said that at the time of the shooting, he was living in a trap house, where he said he was surrounded by drug dealers and felt unsafe. He also alleged that corrections officers at the jail were not protecting him from other inmates, which led to the stabbings.

Additionally, he told Judge Dayson that he is participating in anger management and employment and housing assistance programs to help him when he is released.

“I just want another chance at life,” Hawthorne said.

Judge Dayson sentenced Hawthorne to 102 months imprisonment and five years of supervised release for the death of Bassett, 120 days for the 2018 simple assault. She also sentenced him to 120 days per count for the 2025 jail stabbing, with those sentences to run concurrently.

Each case’s sentence will run consecutive to one another, with a combined sentence of 102 months and 240 days, or just over nine years in prison.

No further dates were set.

Fatal Stabbing Defendant Pleads Guilty

A murder defendant pleaded guilty before DC Superior Court Judge Danya Dayson on Nov. 7.

Stephen Herring, 25, was originally charged with first-degree premeditated murder while armed and carrying a dangerous weapon outside of a home or business for his alleged involvement in the fatal stabbing of 30-year-old Marcus Thurman on the 100 block of M Street, NE, on Aug. 22, 2023.

According to court documents, his charges changed several times. He was initially charged with assault with intent to kill, which was upgraded to first-degree murder and carrying a dangerous weapon after Thurman died from his injuries on Sept. 4, 2023.

During the hearing, Herring said he may have difficulty understanding the proceedings due to comprehension issues. He consulted with defense attorneys Joseph Yarbough and Hannah Claudio several times in order to knowingly enter the plea.

Herring pleaded guilty to second-degree murder while armed in exchange for the greater charges being dropped. Through the deal, parties agreed to a sentencing range of 18-to-22 years in prison.

Parties are set to reconvene for sentencing on Jan. 30.

Defense in Congressional Intern Killing Asks Judge to Admonish US Attorney’s Remarks

A defense attorney asked DC Superior Court Judge Danya Dayson to “admonish” DC’s United States Attorney Jeanine Pirro for statements during a press conference that he labeled as “bullying” on Nov 7.

Naqwan Lucas, 18, his brother Jailen Lucas, 17, and Kelvin Thomas, 17, 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 USAO, Kelley was Naqwan’s girlfriend. He was arrested on Oct. 29 in Maryland, while his co-defendants were arrested in September.

Before discussing motions regarding evidence, Thomas’ defense attorney, Kevann Gardner, said he wanted Judge Dayson to address statements made by DC US Attorney Jeanine Pirro during a press conference on Oct. 30 announcing Naqwan’s arrest.

Gardner said that during the press conference, Pirro repeatedly referred to the defendants as “punks.” He said this “name-calling” showed a “lack of professionalism” from the USAO.

“It appears to almost be bullying,” he said.

Gardner also asked Judge Dayson to admonish the prosecution because Pirro said that the defendants were “known to the juvenile court.” He said that this is unlawful, since juvenile records are confidential under DC code.

“They clearly ignored the rules,” he argued.

The prosecution said that Pirro mentioned previous contact with the criminal justice system. Judge Dayson quickly corrected them, saying the statements were about the delinquency system rather than the criminal justice system, which is for adult defendants.

Judge Dayson called out the unlawful statements.

“One is subject to statutory confidentiality rules,” she said.

According to court records, Gardner also filed a motion to compel prosecution to send them the name and contact information of a witness who was close by at the time of the shooting.

The prosecution argued that they are not obligated to share that information with the defense and said that it would cause safety concerns among broader considerations.

“It can have a chilling effect on how we prosecute cases in Washington, DC,” the prosecutor said.

However, Gardner argued that the witness has made conflicting statements about the events leading up to the incident, so he wants to question the witness himself. He also said that the witness may have information crucial to the defense, namely whether or not one of the surviving victims had a gun at the time.

“It’s no coincidence that his story gets better and better for the government each time he meets with him,” Gardner said.

Terrence Austin, Jailen Lucas’ attorney, joined the motion, saying that disclosure of the witness’ information cannot be based on safety concerns, because safety will always be a concern.

Judge Dayson said that while this information is not required, inconsistencies in the witness’ story may make it necessary for the defense to have the information eventually. She denied the motion, but told the prosecution to anticipate disclosing the information closer to trial with a strict protective order.

Parties set the trial for February 2027.

Additionally, parties for Naqwan’s case in Kelley’s death set the trial for November 2026.

Parties are slated to reconvene on Dec. 16.

Unruly Defendant Sentenced to 72 Months For Police Officer Stabbing at Metro Station

An unruly stabbing defendant was sentenced to 72 months for his involvement in an attack on a transit officer before DC Superior Court Judge Robert Salerno on Nov. 10.

Erik Schleehauf, 43, was convicted of assault on a police officer while armed, assault with a dangerous weapon, and assault with significant bodily injury for his involvement in a stabbing incident with a nail that occurred on April 15 at the Navy Yard Metro station on the 1100 block of New Jersey Avenue, SE.

According to court documents the officer was stabbed multiple times in the face with a five inch long nail that had been filed into a sharp point.

During sentencing, the prosecution asked for the defendant to receive 72 months, just shy of the maximum guideline, for assault on a police officer while armed.

The officer, who was the victim, was in court and appeared on a pre-recorded video that the prosecution displayed as a victim impact statement. The video included a testament to the emotional and physical damage he sustained from the incident. He also noted that he is an officer who takes the “protect and serve” portion of his job seriously and tries to approach anyone calmly to have a discourse before any situation escalates.

In the final portion of the video he stated he “has no respect” left for Schleehauf after he was attacked and was disrespectful to the victim during the trial by covering his ears. The victim deemed Schleehauf “violent” and a “coward” for attacking him over what would’ve amounted to a civil offense.

The prosecution argued the incident could have killed the victim and the defendant knowingly armed himself with a homemade weapon that he chose to conceal on on that day. The prosecution argued further that the sentence, for the sake of the community, needs to reflect this is a serious offense.

The defense for Schleehauf, Henry Druschel, asked for a sentence that meets the minimum guideline range for the crime, which was not specified in court. Druschel claimed that the defendant had a difficult future ahead of him and that despite what the prosecution and victim claim about the defendant, he is remorseful.

Druschel also claimed that the defendant has been focused on ending the struggle he has been facing since before the offense including losing his job.

Druschel finished by suggesting to the judge that the court has the power to make the defendant’s life more difficult in the future or to give him a chance at success after the time he serves.

Schleehauf then was given a chance to say anything he wished the court to hear before sentencing and stated “I regret everyone I ever knew” including his “friends and family” in the sentiment.

Judge Salerno noted that the defendant covered his ears for the victim impact statement, victim testimony in trial, and at a number of other points, which he continued doing during the final remarks of sentencing from Judge Salerno. The judge called it “the most disrespectful thing” he had seen over the course of the trial.

The defendant then stood up and started to yell at the judge about altered evidence during the trial and had to be forcefully restrained by the US Marshals in his seat before Judge Salerno threatened to have him removed from the courtroom entirely so sentencing could proceed.

Judge Salerno sentenced Schleehauf to 72 months for assault on a police officer while armed, 60 months for assault with a dangerous weapon, and 24 months for assault with significant bodily injury. The sentences will run concurrently and the defendant will get credit for time served.

In addition to the time served, Schleehauf will have three years of supervised release that will include a mental health observation, mental health treatment if needed, and a $100 payment to the Victims of Violent Crime fund. Judge Salerno ordered the payment to be taken out of his prison funds, which Druschel objected to.

Druschel argued Schleehauf would sustain increased hardship because of that and asked for it to be paid after he was released, to which the judge said “absolutely not.” Judge Salerno’s reasoning was that he had “no confidence” the defendant would pay it if it wasn’t ordered from him while in detention.

Schleehauf was escorted out of the courtroom by both Marshals holding his arms and shirt and the sentencing hearing was adjourned.

No further dates were set.

‘I’m Taking Accountability For My Actions,’ Shooter Says During Sentencing

A shooting defendant shared a few words as he was sentenced before DC Superior Court Judge Danya Dayson on Nov. 6.

On Oct. 15, Demann Shelton, 32, pleaded guilty to two counts of assault with a dangerous weapon and one count of unlawful possession of a firearm with a prior conviction of more than one year.

The charges are related to his involvement in a non-fatal shooting near the Columbia Heights Metro station on the 3000 block of 14th Street, NW, on Nov. 9, 2020. One individual sustained injuries.

At sentencing, Judge Dayson stated that Shelton has a criminal history score of 3.75–at the top of the scale.

The prosecution argued, “this score seems to mark an escalation in the defendant being a threat to the community.” “He fired a gun at one of the busiest Metro stations in the city,” the prosecution continued.

Shelton’s defense attorney, Emily Sufrin argued, “Mr. Shelton was going through a lot at the time. We were in the middle of the pandemic.”

Sufrin continued, “Mr. Shelton has an incredibly supportive family. His family visits him, makes phone calls, and sends him money.” She explained that this is important when considering public safety. “His family will help stay on the right track,” Sufrin stated.

Judge Dayson told Shelton that he could state a few words, but did not have to.

Shelton stated, “I don’t wanna say too much. Just know that I’m taking accountability for my actions. I’m accepting this plea, so I can move forward with my life.”

Judge Dayson explained that the offenses are very serious. “People were injured. Firing into a crowd during rush hour is very reckless behavior,” she stated.

“This is not so much an escalation, but a culmination of risky and dangerous behavior,” Judge Dayson argued.

Judge Dayson sentenced Shelton to three years of imprisonment with three years of supervised release. All sentences and supervised releases will run concurrent to each other.

Additionally, Judge Dayson ordered Shelton to register as a gun offender.

No further dates have been set.

Missing Defendant Delays Mass Shooting Case

Since one of four co-defendants in a mass shooting case is still mising in court due to his detention in Maryland, DC Superior Court Judge Michael Ryan instructed the prosecution to a subpoena his presence on Nov. 6.

Dionzai Parker, 21, Andre Greene, 25, Marquis Middleton, 18, and Jorden McClaine, 17, are charged with conspiracy, two counts of first-degree premeditated murder while armed, and two counts assault with intent to kill, for their alleged involvement in a four victim shooting that killed Lamont Street, 29, and Jermaine Proctor, 50, on July 18, 2024 on the 2200 block of Alabama Avenue, SE. Two others were injured but survived ,

Middleton, McClaine, and Parker are all charged with additional counts of possession of a firearm during a crime of violence. Greene faces three counts of unlawful possession of a firearm due to a prior felony conviction.

The progression of the cases against the four defendants has been delayed due to Middleton’s being detained in Prince Georges County, Maryland, thus not being able to to appear in DC court alongside his co-defendants.

In addition to being detained in Maryland, Middleton still has yet to be appointed counsel in the DC shooting case. The prosecution and court noted they would be following through to make that happen soon.

Middleton is expected in the DC Superior Court base on a one-day writ subpoena from Maryland to appear at a status hearing for all four co-defendants.

The defense counsel for Parker, Karen Minor, requested that a trial date be set on Parker’s behalf. All parties in court agreed to this, however Judge Ryan said he was “prudent” to set the date due to the numerous times hearings have been scheduled then vacated because of Middleton not being present in the courtroom.

Prosecution indicated that the writ order for Middleton would be made for the next scheduled date to determine if the parties were ready for trial and to not infringe upon the defendant’s constitutional right to a speedy trial.

The case was continued at the conclusion of this hearing.

Parties are slated to reconvene on Jan. 30, 2026.