Judge Denies Shooting Defendant’s Release

DC Superior Court Judge Robert Hildum denied a carjacking defendant’s request for release after he waived a preliminary hearing on Nov. 6.

Bruce Hart, 30, is charged with endangerment with a firearm in a public place, carrying a pistol without a license- outside home/business, unlawful possession of a firearm by a convict, and unlawful possession of a firearm- tampering with a serial number, for his alleged involvement in a shooting incident that occurred on the 1800 block of Wiltberger Street, NW on Oct. 26.

According to court documents, Shot Spotter detected a bullet’s being fired, while officers received calls reporting sounds of gunfire at the crime scene.

During the hearing, Hart’s defense attorney, Howard McEachern, filed a waiver for the preliminary hearing to determine if there’s enough information to evidence to charge a defendant . The judge accepted, and filed an additional request for Hart to be released as he awaits further proceedings.

McEachern argued that Hart has been a lifelong resident of DC for the past 30 years. Despite the severity of the crime, there are safe conditions that can keep the community protected and enable him to report to court.

The prosecution argued against release based on failed opportunities on reporting to court in another matter, the weight of evidence, and the severity of the crime.

Judge Hildum agreed with the prosecution, explaining based on Hart’s history of not reporting to court when being on release, there are no conditions he could impose that would keep the community safe and enable Hart to report to court.

Parties are set to reconvene on Nov. 15.

Document: Police Arrest 2 Suspects for Shooting on Chesapeake Street, SE

The Metropolitan Police Department (MPD) announced the arrest of 32-year-old Vance McIlwain and 31-year-old Kenneth Johnson, who are charged with assault with the intent to kill for a shooting that took place on Nov. 8 on the 700 block of Chesapeake Street, SE. 

Upon responding to reports of a shooting, officers discovered a male victim who was injured with gunshot wounds and is now in a stable condition at a local hospital.

Convicted Murderer Sentenced to Six Years for DC Jail Stabbing

DC Superior Court Judge Heidi Pasichow sentenced a stabbing defendant to six years in prison to be served concurrently with his previous sentence on Nov. 8.

On Sept. 12, James Mayfield, 25, pleaded guilty to assault with a dangerous weapon in relation to a stabbing incident that took place in the DC Jail on June 3, 2021.

According to court documents, three individuals including Mayfield were arguing in one of the common areas. Mayfield struck first, assaulting one of the other inmates with a homemade knife. Mayfield was also injured in the altercation and fled the scene while the other two inmates continued fighting.

Veronice Holt, Mayfield’s attorney, argued that Mayfield is seriously troubled and his time incarcerated has not helped him. Mayfield was severely injured in jail previously, so much so that the family was allowed into the hospital to say goodbye.

Holt noted that Mayfield already has a lengthy 50 year sentence for the 2017 murder of 17-year-old Jamahri Sydnor

Mayfield also spoke on his own behalf, stating that his “goal is to return back to the community” and “start a family.”

Judge Pasichow said of Mayfield’s actions that “this violence is so unnecessary” and admonished him stating that, “What goes around comes around and you’ve got to stop the cycle.”

Judge Pasichow sentenced Mayfield to six years of incarceration to be served concurrently with the 50 year sentence he is already serving and three years of supervised release. Additionally, Judge Pasichow recommended Mayfield undergo mental health and violence reduction treatment.

No further hearings are scheduled in this case.

Stabbing Defendant Acquitted on All Charges

A stabbing defendant was acquitted on all counts after jury deliberations on Nov. 7 in a trial before DC Superior Court Judith Pipe.

Samuel Robinson, 44, was found not guilty of assault with intent to kill, and possession of a prohibited weapon for his alleged involvement in a Feb. 6 stabbing incident on the 700 block of M Street, NW.

According to court documents, a Metro Transit Police Department (MTPD) officer on a Green Line train arriving at the Mount Vernon Square station heard a commotion coming from the train platform. The officer exited the train and learned by speaking with an Allied Special Police Officer (SPO) officer the scene that Robinson had allegedly stabbed another man in the back of the head.

During the trial, Robinson testified that his actions were in self-defense, claiming that the victim assaulted him while waiting for the train, pushing Robinson into an elevator and swinging at him.

Prosecutors rebutted this idea, showing video footage of the incident and asserting that Robinson’s actions were motivated by revenge rather than self-defense. Clarifying that while the victim did attack first, the response was what could reasonably be considered self-defense.

No further hearings are scheduled.

Remorseful Carjacking Defendant Sentenced to Six Months

On Nov. 13 DC Superior Court Judge Heidi Pasichow sentenced a defendant to six months incarceration, with 18 months probation transferred to Virginia.

Guilbert Rojas Villarroel, 40, on July 17, 2024 accepted a guilty plea to robbery, first-degree theft and threatening to kidnap or injure a person for his alleged involvement in a carjacking incident that occurred on the 2000 block of L Street NW on Sept. 9, 2023.

Prosecution in their sentencing requests stated that due to the nature of the crime, the danger to society and the impact on the victims punishment was warranted. They recommended 28 months all but six suspended for robbery and ten months time suspended for both threats to kidnap, and harm to an individual and first-degree theft.

Prosecutors say one of the victims no longer goes to the District of Columbia anymore because of the incident. As a result he is losing income because DC was the most lucrative market for his food delivery services.

Defense attorney Christopher Mutimer asked for a suspended sentence. While Villarroel realizes that there is no way to justify his actions he has no criminal history.

Furthermore, he has strong family support is a business owner in Virginia attesting that he is not a danger to society. Mutimer said his client made a mistake under the influence and is facing the consequences.

Rojas Villarroel is remorseful and he acknowledged that in letters that he wrote to both victims. Since the incident he has taken concrete steps to pull his life together through substance abuse programs, according to his attorney.

The defendant’s family members say they would suffer if Rojas Villarroel was jailed because he has two children to raise. The family asked the judge for leniency so Rojas Villarroel can continue in his car business in Virginia.

Judge Heidi Pasichow acknowledged this incident has been a huge wake up call for Rojas Villarroel and she takes into account his family support, personal growth and compliance with release conditions. However, she has to consider there is no proof that he was intoxicated on the night of the incident and that his threats to the hijack victim were highly dangerous.

Given the need for deterrence and that Rojas Villarroel does have some traffic and vehicle registration offenses some jail time is in order, she said.

Therefore, Judge Pasichow sentenced Rojas Villarroel for robbery to 28 months with 22 suspended–ultimately being six months confinement–with the three years of supervised release being suspended to 18 months.

For the other two charges of first degree theft and threatening to kidnap or injure a person, the term is reduced to are time served along with the 18 months probation. The sentences are concurrent.

No further hearings were scheduled in the case.

Defendant Waives Right For DNA Firearms’ Testing in Shooting Case

A defendant waived his rights to have four weapons tested for his DNA before DC Superior Court Judge Marisa Demeo on Nov. 8.

Jordan Therman, 25, is charged with two counts of assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, unlawful possession of a firearm (prior conviction), and endangerment with a firearm. These charges stem from his alleged involvement in a shooting on Feb. 7 on the 3900 block of Martin Luther King Jr. Avenue, SW. One person was shot.

According to court documents, an officer allegedly saw Therman approaching multiple cars and engaging in arguments ultimately firing shots at the victim. The officer was able to detain Therman and noted that he appeared to be under the influence of an unknown substance.

During the hearing, the prosecution informed the court of the DNA results on multiple firearms. According to the prosecutor, the results indicated that it was probable that the DNA on the evidence came from Therman. They also listed various items that were untested.

Judge Demeo informed the parties that it was still Therman’s right under the Innocence Protection Act (IPA) to have the evidence tested independently if requested.

Lisbeth Sapirstein, Therman’s attorney, informed the court that Therman did not want any additional evidence tested and he was waiving his rights under IPA.

Parties are slated to reconvene Jan. 10, 2025.

Homicides Rise in DC From September to October

As of Nov. 7, D.C. Witness data reports that in October there were 20 homicide incidents and 25 homicide victims in the District. The Metropolitan Police Department (MPD) has arrested three suspects in relation to the homicides, two of whom were in connection to domestic violence incidents.

This data represents an 18 percent increase in homicides compared to September, during which D.C. Witness reported 17 homicide incidents.

There was also a 32 percent increase in homicide victims, with 19 victims reported in September, compared to October.

Ward 8 — which includes neighborhoods like Anacostia and Congress Heights — had the highest number of homicide incidents, with seven reported in the month of October.

Robert Simpson, 56, is being charged with arson and felony murder for his alleged involvement in an arson that killed 85-year old Margaret McKinnon, 64-year old Ronald McKinnon, and 34-year old Jessica Cunningham on Oct. 6 on the 3400 block of 23rd Street, SE.

The MPD investigation revealed that Cunningham, who had previously been in a romantic relationship with Simpson, had alerted MPD of multiple domestic disputes in the past.

Wyatt Michelin Swan, 48, is being charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 53-year-old Teresa Francisco on Oct. 1, on the 900 block of Eastern Avenue, NE. Further investigation by MPD revealed the victim and the defendant were in a relationship together.

Police have not made any arrests for the remaining twelve homicides.

Judge Won’t Sanction Prosecution for Evidence in Homicide Case

DC Superior Court Judge Marisa Demeo denied a defendant’s motion to place sanctions on the prosecution for losing evidence in a homicide case on Nov. 8.

Warren Tyson, 54, is charged with second-degree murder while armed, carrying a dangerous weapon, and enticing a child for his alleged involvement in the fatal stabbing of Michael Johnson on Oct. 22, 2021 on the 4900 block of East Capitol Street, SE.

According to court documents, the stabbing followed an altercation about Tyson’s allegedly sending inappropriate material to a minor.

Michelle Lockard, Tyson’s attorney, previously filed motions requesting sanctions, claiming that the prosecution did not provide the defense with a SIM card from a lavender iPhone involved in the case. This was following the last hearing focused on suppressing some of Tyson’s text messages.

The prosecution called a special agent who testified about the contents of the SIM card which excluded messages and pictures contained in the phone. He explained that the contents could also be provided by unlocking the iPhone and searching in the settings.

The prosecution acknowledged that they had the physical SIM card after an arrest and warrant for the lavender iPhone, but informed the court that a SIM card does not contain messages or pictures from the phone’s memory.

Lockard acknowledged that the SIM card may not have had important information, but believed that there was still negligence on the prosecution’s part by not making it available.

Judge Demeo emphasized that there are established protocols for handling and storing evidence, and that the missing SIM card did not contain information that would significantly impact the defense’s ability to mount a case.

The prosecution, the judge noted, was slightly negligent in handling the SIM card properly, but they photographed it, and tried following proper chain-of-custody procedures. She denied the motion for sanctions explaining that there was no indication of bad faith on the part of the prosecutor.

Parties are slated for trial on Nov. 14.

Stabbing Defendant’s Sentence Postponed For Apprenticeship

On Nov. 13, DC Superior Court Judge Rainey Brandt allowed a stabbing defendant’s sentencing to be pushed to April, 2025 to allow him to finish a painting apprentice program at the DC Jail.

Jeremiah Smalls, 31, was originally charged with aggravated assault knowingly while armed, assault with intent to kill while armed, and assault with a dangerous weapon for his involvement in a stabbing in the 1700 block of S Street, SE on April 7, 2023 that left one person injured.

Smalls accepted a deal and pleaded guilty to assault with intent to kill while armed in exchange for all other charges to be dropped on Oct. 28.

At the Nov. 13 hearing, Terrance Austin, Smalls’ defense attorney, requested that Smalls’ sentencing be delayed until April 2025 to allow Smalls to complete the painting apprenticeship. Austin said the program would certify Smalls in professional painting, making him more employable when he is released.

The prosecution opposed any postponement and said they had spoken to the victim and witnesses and they would like for this case to be resolved as soon as possible so that they can have closure. The prosecution requested sentencing in January or February of 2025.

Judge Brandt said she understands the family’s need for closure but thinks it is equally important that Smalls gets a trade to be better prepared to return to society.

She said the fact that Smalls took responsibility via a plea agreement should help the family begin the closure process. She accepted Austin’s request.

Parties are slated to reconvene on April 11, 2025.

Document: Police Arrest Suspect in Double Shooting

The Metropolitan Police Department (MPD) arrested 20-year-old Bernard Matthews on Nov. 12.

Mathews is charged with assault with a dangerous weapon, carrying a pistol without a license, possession of a large capacity ammunition feeding device, and receiving stolen property. 

The charges stem from a double shooting incident that took place on Nov. 8 on the 600 block of Mellon Street, SE. Officers responding to the reports of shooting and discovered a teenage male and an adult male, both injured with gunshot wounds.They received treatment at a local hospital.

Document: Officers Find 18-Year-Old Dead on Dunbar Road, SE

The Metropolitan Police Department (MPD) is investigating the homicide of 18-year-old Alexander Pavon-Rios, which took place on Nov. 9 on the 2600 block of Dunbar Road, SE. 

Upon responding to reports of the discovery of human remains, officers found the victim, who was pronounced dead at the scene from gunshot wounds.

Court Won’t Change Defendant’s Release in 30-Year-Old Homicide Case

Despite a homicide defendant’s complying with release conditions, DC Superior Court Judge Michael O’Keefe declined to modify them in a Nov. 8 hearing.

Ron Wright, 49, is charged with first-degree murder and felony murder for his alleged involvement in the death of 19-year-old Ricardo Burbano at the 100 block of Q Street, NW, on March, 31, 1992.

According to court documents, Burbano had multiple wounds and abrasions on his body, including the recent loss of three teeth and the tip of a middle finger had been “crudely” amputated.

Wright, who currently lives in Florida and is on release with GPS monitor tracking, through his attorneys, requested to change release status to no GPS monitoring because Wright has been in compliance with release conditions.

David Benowitz, one of Wright’s attorneys, said that Wright has “always been cooperative” and that there is no evidence Wright intends to hide. Benowitz also argued that Wright’s work has been impacted by the GPS ankle monitor because his work requires him to be partially submerged in water.

The prosecution argued that Wright’s release conditions are already lenient in considering the case is a homicide, and the prosecutor said releasing with no conditions is “not fair to [Burbano].”

Judge O’Keefe did not change bond conditions because he said that the GPS monitoring is the least restrictive condition in a homicide case.

The hearing was originally meant to determine if Wright wanted to waive his right to independently test DNA evidence, yet the prosecution said they are going to do additional testing–thus, delaying a decision by the defense.

Parties are slated to reconvene Feb. 28.

Defendant Deemed Competent to Stand Trial

A homicide defendant was deemed mentally competent to stand trial at a Nov. 8 hearing before DC Superior Court Judge Michael O’Keefe.

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

Swan’s attorney, Todd Baldwin, requested a mental competency evaluation on Nov. 4, leading to this hearing during which a Department of Behavioral Health (DBH) report said Swan was competent to stand trial.

However, Baldwin hoped Swan would get an evaluation of his past mental health diagnoses.

Judge O’Keefe, agreed Swan will still receive an evaluation of his past mental health diagnoses through the services of an independent expert.

Baldwin also said he discovered Swan had not been receiving his medication at the DC Jail for weeks, so a medical alert to get Swan his medication would be issued.

Parties are slated to reconvene Dec. 12.

Fatal Stabbing Defendant Pleads Guilty, Victim’s Son Delivers Impact Statement

After a defendant in a fatal stabbing case pleaded guilty in front of DC Superior Court Judge Maribeth Raffinan on Nov. 7, the stabbing victim’s son delivered an impact statement.

Keyjuana Sinclair, 27, was originally charged with assault with a dangerous weapon, carrying a dangerous weapon outside her home or business, and two counts of possession of a prohibited weapon for her involvement in the lethal stabbing of Danielle Stuckey on Oct. 17, 2021, on the 2800 block of Alabama Avenue, SE.

Sinclair pleaded guilty to carrying a dangerous weapon and simple assault as part of a plea agreement, in return for the prosecution’s dismissing the remaining charges in the case.

Tywan Morris, 29, is charged with second-degree murder while armed, carrying a dangerous weapon outside his home or business, and two counts of possession of a prohibited weapon for his alleged involvement in the same incident. He has pleaded not guilty in the matter.

According to court documents, Metropolitan Police Department (MPD) officers arrived at the scene to discover Stuckey suffering from a stab wound. She was taken to a hospital where she succumbed to her injuries.

Arrest documents report Stuckey’s death resulted from a verbal altercation that turned physical when Sinclair swung a knife at Stuckey. Stuckey’s 12-year-old son attempted to help his mother until Sinclair lunged at him with the knife. Morris kicked Stuckey, causing her to fall on her back, then kicked her head and stabbed her in the left side. Morris fled after Stucky’s son hit him with a piece of luggage.

Sinclair’s attorney, Peter Cooper, told the court Sinclair’s plea deal also encompassed a misdemeanor case. Sinclair was pleading guilty to attempted possession of a prohibited weapon in return for the prosecution’s dismissing all other charges in that case.

Sinclair was originally charged with attempted threats to do bodily harm and attempted possession of a prohibited weapon for her involvement in an incident on the 3300 block of Wheeler Road, SE, on May 4. No injuries were reported.

According to court documents, Sinclair walked up to a group of juveniles and yelled, “I will stab you.”

An officer from the Pretrial Services Agency (PSA) alerted Judge Raffinan that Sinclair has a notice of noncompliance against her. Sinclair violated her conditions of release by leaving home confinement to go to the store.

The prosecution asked Judge Raffinan to revoke Sinclair’s release, arguing she is a habitual offender and has pleaded guilty to a serious crime.

Cooper asked Judge Raffinan to modify Sinclair’s conditions of release, allowing her to go to the store so she can provide for her children.

Stuckey’s son gave an impact statement to the court, saying the plea deal and conditions of release are very lenient and the case has gone on for a long time. He reminded the court that he was twelve at the time of his mother’s murder, and he stood before them now as a fifteen-year-old boy.

“Defendants have kids. So did my mother,” Stucky’s son said, suggesting the court should remember how Sinclair deprived him of a mother’s support when weighing Sinclair’s desire to support her children.

Judge Raffinan announced she would take his speech into consideration. She did not modify or revoke Sinclair’s bond, but reminded Sinclair she can only leave home to pick up or drop off her kids at school.

Parties in the Morris matter are slated to reconvene on Jan. 14, 2025.

Parties in the Sinclair matter are slated to reconvene on March 7, 2025.

Manslaughter Defendant Sentenced to 11-and-a-Half Years

Three family members of a victim spoke and read letters at the sentencing of a homicide defendant Nov. 8 before DC Superior Court Judge Michael O’Keefe.

Damon Clark, 27, pleaded guilty on Sept. 3 to voluntary manslaughter while armed for the fatal shooting of 46-year-old Jimmy Thomas Jr. on March, 28, 2024, following an argument on the 1200 block of Mount Olivet Road, NE.

The prosecution brought three of Thomas’ family members to speak, including Thomas’ mother and two of Thomas’ sisters. One of Thomas’ sisters also read a note from Thomas’ oldest daughter.

Thomas’ mother said that Thomas was a “good son, a happy son” who was involved in church life. Thomas’ mother said that there is no sentencing which would “bring my son back” because Thomas’ life had been “taken from us.”

Thomas’ oldest sister, tearfully, read a letter that Thomas’ daughter had written for the court. In the letter, Thomas’ daughter wrote that “there isn’t one day or perhaps a minute that goes by where I’m not brought back.”

“I’m truly traumatized,” Thomas’ daughter added, saying that “things just haven’t been the same since.”

“I have questioned many things in my life, but have never questioned his love,” Thomas’ daughter wrote in the letter. Thomas’ daughter was eight months pregnant at the time of Thomas’ death, and, according to Thomas’ oldest sister, Thomas had looked forward to becoming a grandfather.

Thomas’ oldest sister said, learning of Thomas’ death, that she experiences the same pain because she “never gets through it.”

Thomas’ other sister said Thomas “did not deserve to die” because he was “a friend to many.”

The sister told Clark that she has “no hate in my heart” and hopes that Clark serves a sentence to the fullest extent possible and “comes out a changed man.”

After Thomas’ family spoke, the prosecution played a surveillance video that, according to the prosecutor, showed the defendant, Clark, shooting Thomas after the argument.

In considering the recommended sentence, the prosecution said that Clark did turn himself into the police and cooperated with law enforcement. The prosecution asked for 11-and-a-half years.

Clark’s defense attorney, Quo Judkins, said that Clark takes full responsibility and has remorse for his actions, asking for a sentence of 90 months. Clark spoke to the court, apologizing to the Thomas family and his own.

Judge O’Keefe said that he applauds Clark for turning himself in to the police, yet caused pain to the Thomas family and his own. “Just saying sorry is not enough,” Judge O’Keefe said.

Judge O’Keefe’s sentenced Clark to 11-and-a-half years with five years of supervised release once he serves his time.

No further dates were set.

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