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Prosecution Calls Shooting ‘A Neighborhood Dispute That Went Too Far’

During a jury trial in DC Superior Court Judge Rainey Brandt’s courtroom on Sept. 25, the prosecution labeled a non-fatal shooting as a “neighborhood dispute that went too far.”

Jamal Coleman, 32, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed for his alleged involvement in a non-fatal shooting that injured one victim. The incident occurred on May 4, 2023, on the 4600 block of Polk Street, NE.

The prosecutor noted that the victim was a neighbor of Coleman’s, and that on May 4, 2023, the victim was walking to pick up his kids from school and heard two men say, “We’re gonna light his a** up.”

The prosecution alleged that shortly after this statement, Coleman and an unnamed accomplice drove down an alley and shot at the victim while he was walking. The victim then ran down a Metro station escalator for help.

The prosecution clarified that Coleman was the driver of the car, not the shooter, but that Coleman drove the car to an optimal location for the shooter. The prosecutor said that he was the only one of the men who had issues with the victim. 

He “acted with intent to kill” and “intended to cause serious injury,” the prosecutor said.

The prosecution argued that the victim sustained a serious life-altering injury because he had to have his knuckle replaced, rendering his hand permanently disabled.

The defense the prosecutor’s opening statement nothing more than a “good story.” The defense stated that Coleman didn’t have a gun, didn’t fire a gun, didn’t intend for anyone to get hurt or killed, didn’t have a plan, and wasn’t working with anybody. 

Further, the defense alleged that the victim didn’t mention Coleman until hours later when police suggested him, stating that the victim has “got a lot of stuff. A lot of issues. He has other things going on.” 

“These holes. These missing pieces. They matter… We are asking you to do the only thing that is right and just in this case and that is finding Mr. Coleman not guilty,” Coleman’s defense lawyers told the jury.

The prosecution called the former lead Metropolitan Police Department (MPD) detective on the case who described seeing multiple shell casings in the street and a trail of blood in the Metro station. 

The detective explained how they were able to identify Coleman’s vehicle from videos from the station and that the vehicle was identified later that day outside of Coleman’s residence. 

The prosecution also called the plastic surgeon who operated on the victim’s injuries who testified that the victim had two open wounds in his hand when he originally came to the ER.

X-rays of the victims injuries were admitted into evidence and the doctor showed that the victim had three broken finger bones and others that were missing.

The witness explained that the victim required two surgeries, one to remove debris from the hand and one to do a bone graft and stabilize the hand with plates and screws. 

He stated that the victim would need a lot of physical therapy for his hand and that his hand would not have the same mobility and function it once had.

The trial is slated to resume on Sept. 26.

Stabbing Defendant Acquitted on Self-Defense Grounds

A jury returned a verdict of not guilty in a hearing before DC Superior Court Judge Robert Salerno on Sept. 25.

Amadelia Hernandez, 34, was acquitted of assault with a dangerous weapon for a stabbing incident that occurred on March 29 on the 400 block of Emerson Street, NW. One individual sustained an injury to the lower right side of the back.

According to court documents, Hernandez was alleged to have stabbed the victim after overhearing a conversation between the victim and another individual.

During the trial, Damon Catacalos, Hernandez’s attorney, argued that Hernandez was acting in self-defense, citing multiple incidents in which the victim threatened or assaulted Hernandez prior to the incident. 

The victim’s allegedly excessive drinking supported the defense’s argument. During testimony, the victim admitted telling doctors he went on a five-day drinking binge.

The jury acquitted Hernandez after six days in trial.

No further hearings are scheduled for this case

In Closing, Defendant Claims Stabbing Was in Self-Defense

A stabbing defendant’s attorney insisted to the jury on Sept. 24 that his client acted in self-defense, before DC Superior Court Judge Robert Salerno.

Amadelia Hernandez, 34, is charged with assault with a dangerous weapon for her alleged involvement in a stabbing incident that occurred on March 29 on the 400 block of Emerson Street, NW. One individual sustained an injury to the lower right-part of their back.

According to court documents, when police arrived on the scene, the victim pointed to Hernandez, claiming she had been the one to stab him. She was detained. 

Damon Catacalos, Hernandez’s defense attorney, called her to testify. 

During her testimony, Hernandez claimed that a day before the incident, the victim hit her multiple times, threatening her with a knife by holding it up to her stomach. According to Hernandez, due to that incident, she did not feel safe at her residence, and announced that she tried to look for a new place to live in the midst of working two jobs.

On cross-examination, the prosecution argued Hernandez was infuriated with the victim for acting belligerently.

Moreover, the prosecution tried to prove that the defendant was not acting in self-defense due to the extended time between both attacks, stating the victim allegedly attacked her the night before Hernandez allegedly stabbed him.

The defense also called a tenant that lives at the house where the incident. He testified that the victim gets constantly drunk and tried to pick a fight with him days before the incident.

The prosecution argued that the witness wanted revenge against the victim due to a physical altercation they had which sent the witness to jail. The witness further testified that, despite being mildly upset, he has no real problems with anyone, and his case regarding the victim in this incident has since been dismissed. 

In closing the prosecution argued that Hernandez could not have acted in self-defense because she was not in fear of Javier at the time of the incident. The prosecution argued that Hernandez’ self-defense claim was moot, due to the time between the initial aggression by the victim and her reaction. 

However, Catacalos argued that the victim’s actions escalated over time and further argued that the victim was not credible, citing his tendency to allegedly lie under oath.

Parties are slated to reconvene when the jury reaches a verdict.

‘We Are Here For Accountability,’ Prosecutor Says in Murder Retrial

On Sept. 24, parties delivered opening statements in a homicide and obstruction of justice trial in front of DC Superior Court Judge Marisa Demeo. 

Eugene Burns, 32, is charged with first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence for his alleged involvement in the shooting death of 24-year-old Onyekachi Emmanuel Osuchukwu III, on Nov. 14, 2015, on the 2900 block of Second Street, SE.

Burns was convicted of these charges in 2017, but the conviction was overturned in 2020 when the DC Court of Appeals ruled that the search warrants for cell phones seized as evidence in the case were unconstitutional because they were overly broad.

Burns and Tyre Allen, 24, are also charged with obstructing justice. In 2020, the two allegedly attempted to persuade and intimidate a witness into recanting testimony he gave against Burns in the original murder trial.

Prosecutors in their opening statement said Burns murdered Osuchukwu, who was his best friend, because he wanted a bigger cut of the profits in their drug-dealing business. They said Osuchukwu was visiting DC to work on their business, and Burns allegedly shot him when he arrived at Burns’ mother’s apartment. 

“The defendant was fed up with the terms of his drug partnership,” the prosecutor said. 

According to prosecutors, there is evidence that shows Burns searched online “What does it feel like to murder someone?” days before shooting Osuchukwu. They added he also took a quiz called, “Are you capable of murdering your best friend?” 

Prosecutors claimed Burns texted multiple people about the murder, saying “I’m clapping him today,” on the day Burns thought the victim was coming into town. 

“He was researching not just how to do it, but how it would feel,” the prosecutor said. 

Prosecutors said in prior proceedings, Burns enlisted the help of Allen in pressuring a witness to recant testimony that Burns told him. Prosecutors played recorded jail calls between Burns and Allen discussing them allegedly trying to get a witness to sign an affidavit that Burns did not confess.

“We are here for accountability,” the prosecutor said. 

Jocelyn Wisner, Burns’ attorney, said during her opening statement that there is no physical evidence that links Burns to the crime and that unidentified DNA was found under the victim’s fingernails that points away from Burns as the shooter. 

According to Wisner, Burns left his mother’s apartment before the shooting took place, but investigators neglected to look into other leads because they were set on Burns being the shooter. 

“The [prosecution] saw a simple story that won’t be backed up by the evidence,” Wisner said. 

Wisner argued the witness who claims he was pressured into signing a false affidavit is “unreliable” and “can’t get his story straight.” She said Allen was homeless in 2015 and told the police Burns murdered the victim because he wanted the reward money for providing information. 

Parties will reconvene Sept. 25. 

Motion for Continuance Granted in Stabbing Trial 

DC Superior Court Judge Errol Arthur granted prosecutors motion for continuance on Sept. 24.

Jose Garcia Fuentes, 42, is charged with assault with a dangerous weapon and simple assault for his alleged involvement in a stabbing on the 4400 block of 14th Street, NW, on April 24.  An individual sustained injuries during the incident. 

Before the hearing, the prosecution filed a motion to postpone the trial because the prosecutor is currently in trial for another case. All parties agreed to continue the trial at a later date.

According to court documents, an individual, later identified as Garcia Fuentes, was in a verbal and physical altercation with an individual while intoxicated.

Parties are slated to reconvene for trial on Oct. 1

‘I Wish You The Best of Luck,’ Says Judge at Shooter’s Sentencing

A shooting defendant in a robbery-turned-shooting case was sentenced by DC Superior Court Judge Errol Arthur on Sept. 24. 

Kevin Bailey, 24, was initially charged with conspiracy while armed, robbery while armed, possession of a firearm during a crime of violence while armed, assault with significant bodily injury while armed, assault with a dangerous weapon, and four counts of possession of a firearm during a crime of violence for his alleged involvement in an armed robbery and shooting involving two male victims inside a car on April 14, 2020, at the intersection of Gallaudet Street and Central Place, NE. One of the victims was treated at a hospital for gunshot wounds to his right shoulder. 

Bailey was sentenced under the Youth Rehabilitation Act (YRA) on three charges, including carrying a pistol without a license, assault with a dangerous weapon, and robbery. The defendant received no immediate jail time, and all confinement periods were suspended. He was placed on YRA probation for two years for each charge and must serve 180 hours of community service. 

The Judge made a point to say this was a special case, and charges like these usually require time served.  Under the act, if Bailey successfully completes his sentence, the record of his conviction will be confidential.

He made a final warning to Bailey about the seriousness of his probation, saying, “If you want to test me, go for it and see what happens because I will give you ten years.” 

According to court documents, one victim stated he organized a transaction through Instagram to sell marijuana. He stated that when two men arrived to make the deal, one of them attempted to take the marijuana without paying, while the second man pulled a gun on him. He told police he tried to flee but heard two or three gunshots and realized he had been hit. 

At the hearing, the prosecution read a victim impact statement, asking for Bailey to receive jail time for the shooting. The prosecution asked for a short split, meaning Bailey would get a lesser sentence unless he violated the terms in which case he have to serve the total time. The defense said that the time since the crime shows his promise as an adult and that he’s changed for the better

In the past four years, Bailey said he has become a caregiver for his ill grandmother, takes his six-year-old sister to and from school, and has become the primary caregiver for his cousin, who was disabled and paralyzed in a drive-by shooting. He said he did all this while working full-time and supporting his family. 

“The person who stands before me is not the person who committed these acts.” Judge Arthur said before he began his sentencing. 

“I wish you the best of luck. You’ve raised the bar very high for yourself, but you can do it.” 

Stabbing Defendant Referred to Inpatient Program 

A stabbing defendant requested placement in an inpatient drug treatment program in front of DC Superior Court Judge Errol Arthur at a status hearing on Sept. 24.  He agreed to the request.

On Feb. 29, Tina Calhoun, 65, pleaded guilty to attempted assault with a dangerous weapon for her involvement in a stabbing incident that occurred on Nov. 7, 2023, on the 2300 block of 4th Street, NE. One individual sustained injuries during the incident. 

She was sentenced to a year of probation, with a 12-month incarceration sentence suspended on April 30. 

A bench warrant was issued after Calhoun’s failure to appear at a status hearing on Aug. 29. 

At a status hearing held on Sept. 17, Calhoun’s defense attorney Bryan Bookhard requested that Calhoun be put in an inpatient program. Judge Arthur ordered Calhoun detained and screened to see if she is a candidate for inpatient residential bed-to-bed intensive treatment for substance abuse and addiction.

The next hearing is scheduled for Oct. 1 to ensure she has been placed. 

Defendant Stabbed by His Victim Accepts Plea For Firearms Charges

Even though Michael Robinson was stabbed by the victim, he accepted a plea deal in a firearms case in a hearing before DC Superior Court Judge Jennifer Di Toro on Sept. 25.

Robinson, 25, was charged with assault with a dangerous weapon, threat to kidnap or injure a person while armed, carrying a pistol without license, possession of unregistered firearm, unlawful possession of ammunition, and civil protection order violation. The charges stem from his involvement in a stabbing incident on the 4500 block of Dix Street, NE on April 19, 2023. One individual sustained injuries.

According to court documents, a conflict escalated after Robinson and his girlfriend argued about a contaminated fish sandwich purchased at a McDonald’s. When the couple arrived home, tensions rose, leading Robinson to brandish a gun and threaten to kill the victim who was pregnant. In response, the victim stabbed Robinson in the hand according to court documents.

Madhuri Swarna, Robinson’s attorney, informed the court that his client accepted a plea deal. In return for pleading guilty to carrying a pistol without a license outside a home or business, the prosecution would waive bringing more serious charges.

Swarna also requested a modification of Robinson’s release conditions. Previously, he was prohibited from contacting the victim, unless through a third party, due to safety concerns. 

Swarna asked Judge Di Toro that Robinson be allowed to communicate directly with the victim solely for the purpose of coordinating child custody.

Prosecution countered, arguing for a suitable third party alternative based on safety concerns.

Judge Di Toro requested briefs from both parties before making a decision.

Parties are slated to reconvene Jan. 16.

Murder Suspect Wants Relaxed Release Terms

DC Superior Court Judge Maribeth Raffinan, at a Sept. 24 hearing, denied the defense’s oral request to give a defendant a curfew rather than restricting him to home and work. Instead, she told the defense to submit the motion in writing by the end of the week.

Dwayne Brooks, 26, the defendant in the August 25, 2022 murder of Juwaan Henry, 21, on the 800 block of 7th Street NW, is charged with first degree murder, attempted armed robbery, and possession of a firearm during an act of violence. Brooks has been on release under GPS monitoring since May 12, 2023, only permitted to leave home to go to and from work. 

Defense attorney, Megan Allburn, asked the court for Brooks to be given a curfew given that the defendant has maintained two jobs, recently acquired his own apartment, and received custody of his teenage sister. 

Judge Raffinan set a deadline for the prosecution’s arguments against the motion to be made in writing by Oct. 11. 

Parties are set to return to court Jan. 24. 

Trial Rescheduled Due to Evidence Contamination 

At a trial readiness hearing,DC Superior Court Judge Andrea L Hertzfeld decided on Sept. 24 to reschedule a non-fatal shooting defendant’s trial after firearm evidence was contaminated in the DNA testing process.

Deon L Jenkins, 46, is charged with carrying a pistol without a license and allegedly firing shots at a car on the 1800 block of M Street NE on June 5, 2023. 

The trial was originally scheduled to begin on Oct. 1. In addition to the contamination issue, the prosecution also said results from DNA testing would not be available until October. 

For the trial, the prosecution plans to bring in 22 witnesses, including three DNA analysts and three firearm experts.

Judge Hertzfeld rescheduled the trial for Oct .22 to ensure all parties and witnesses could be present, and the DNA results would be ready. 

Defense May Take Plea Deal in A Stabbing Case

On Sept. 24, a defendant indicated he is considering a plea deal for his alleged involvement in a robbery that turned into a stabbing.

Andre Joyner, 34, is charged with assault with a dangerous weapon for a stabbing on the 1900 block of D Street, SE which occurred on Aug. 3. One individual sustained injuries.

According to court documents, the victim was playing basketball when he was approached by Joyner. Joyner told the victim, “I am going to rob you,” and, “I’ll smack the s*** out of you and take all your s***,” before allegedly stabbing the victim with a knife.

Michael Madden, Joyner’s attorney, told DC Superior Court Judge Renee Raymond that there was significant negotiation with the prosecutor and they are expected to reach a deal soon, although details of the agreement were not disclosed.

Judge Raymond allowed the parties to continue to try and resolve the matter.

Parties are slated to reconvene Oct. 9.

Juvenile Accused in Metro Station Murder Declared ‘Incompetent’ to Stand Trial

DC Superior Court Judge Kendra Briggs declared that a juvenile murder suspect was currently “not competent to stand trial” in a brief hearing on Sept. 25.  The determination was based on a behavioral report from the Child Guidance Clinic, a part of the DC Court Social Services Division (CSS).

The 17-year-old boy is charged with second-degree murder while armed, assault with intent to kill while armed, two counts of assault with a dangerous weapon, endangerment with a firearm, carrying a pistol without a license, possession of an unregistered firearm, and possession of unregistered ammunition for his alleged involvement in the fatal shooting of 14-year-old Avion Evans on April 4.  

The incident occurred at the Brookland Metro Station on the 800 block of Monroe Street, NE.  

During Wednesday’s hearing a CSS representative said the suspect will be required to take a six-week program through the clinic to restore his mental competency so he can understand what’s happening in court and assist in his own defense. Until that time he can’t stand trial.  

According to the clinic’s website, they treat “an array of cognitive, emotional and interpersonal problems in both community and secure settings.”  Among the services are court ordered mental health evaluations.

Meanwhile, the teen is maintaining “the highest level of compliance” while he remains in the custody of the DC Department of Youth Rehabilitation Services (DYRS), according to the CSS representative. 

He said the competency classes are scheduled to begin next week and the clinic is to submit a final report to Judge Briggs.  

The competency hearing is set for Nov. 26

Stabbing Defendants’ Case Postponed to Consider Plea 

Four stabbing defendants were granted a continuance by DC Superior Court Judge Errol Arthur Sept. 24 so they could discuss a plea deal from the prosecution. 

Ndiaye Elhadji, 24, Dionte Anderson, 25, Tyrone Hawkins, 22, and Dion Lee, 24, are charged with assault with a dangerous weapon with a sharp object, unlawful possession of contraband in a penal institution, and carrying a dangerous weapon. According to court documents, the four suspects allegedly stabbed another inmate. A corrections officer, who tried to intervene, was also injured in the melee.

Hawkins defense attorney Todd Baldwin requested the postponement on behalf of all four parties, although details of the prosecution’s offer weren’t immediately available. He also questioned why a separation order was imposed among the suspects but the court had no immediate answer.

Hawkins is currently held at the DC jail and wants a transfer to the medium security Correctional Treatment Facility (CTF) where he can begin taking college courses. Baldwin told Judge Arthur that Hawkins has earned his high school diploma and is eager to continue his education.

Judge Arthur agreed to request a transfer. 

Elhadji’s defense attorney, Marnitta King, informed the judge that her client would like to travel to Liberia with his mother. Elhadji is the only one of the four defendants who is on release but must wear a GPS monitor.

“The request is understandable, but I can’t make that decision right now,” Judge Arthur said, noting that as a defendant, he is considered a flight risk. 

Parties slated to reconvene Nov 1.

‘I Had Never Felt So Panicked in My Life,’ Stabbing Defendant Testifies 

A stabbing suspect took the stand as the defense’s first witness in a trial before DC Superior Court Judge Robert Salerno on Sept. 23. 

Amadelia Hernandez, 34, is charged with assault with a deadly weapon for her alleged involvement in a stabbing incident that occurred on March 29 on the 400 block of Emerson Street, NW. One individual sustained injuries during the incident. 

Hernandez testified that the day before the stabbing, on March 28,  she called the police after the victim allegedly waved a knife at her stomach. She stated that she had previously called the police two other times, but at no point was the victim ever arrested. 

On the day of the stabbing, she was walking by the victim when he slapped her and allegedly hit her with a bottle. Later that night, she said she was in her boyfriend’s room, who was also a tenant at the residence on the 400 block of Emerson Street, NW. The victim began kicking on the door, and when she opened it she said he swung a knife towards her. 

“I just reacted to defend myself because he was going to kill me,” Hernandez told the jury. “I just tried to defend myself because he was going to kill me. I had never felt so panicked in my life, my body began to tremble, I didn’t know what to do, my mind was blank, I just reacted.”

The victim was present in court for cross examination from Damon Catacalos, Hernandez’s attorney. 

During cross-examinationfrom Damon Catacalos, the defense asked the victim about his drinking problem, which the victim denied.  However, he agreed he had been drinking “in an increasing fashion”. Catacalos then asked the victim if it was true that he told doctors he went on a five-day drinking binge, to which the victim replied that it could be true, but he could not remember.

The defense also argued that the victim had repeatedly made Hernandez feel uncomfortable while they were both tenants in the same house. Hernandez said the victim had slapped her once, shoved her several times during encounters, and tried to get into her room late at night–all of which the victim denied.

On redirect, the prosecution asked the victim if he was ashamed about his drinking habits. He responded, “Nobody’s perfect, are you perfect?”

The prosecution also called two Metropolitan Police Department (MPD) officers who responded to the scene of the crime. Both officers identified physical evidence, including a knife, a shirt, and a jacket, all of which contained the victim’s blood. 

The prosecution called the owner of the residence, where the stabbing took place, who was also present at the scene of the crime. 

He had previously told the police that he saw Hernandez allegedly stab the victim, but now testified that he could not recall making that statement and did not actually see the incident.

Under cross examination, the witness said the victim has a drinking problem although he could not say exactly how many drinks the victim would consume on an average day. 

Catacalos argued that the victim’s testimony was “incoherent, contradictory and nonsensical,” claiming that the victim was possibly intoxicated in court. The victim repeatedly responded “I don’t know”, “I can’t remember” and “that could be true” to Catacalos’s questioning. 

Considering the prosecution’s case relies on the victim’s testimony, Catacalos filed a motion for acquittal.

Judge Salerno denied the motion, saying the victim was stabbed by someone and DNA evidence strongly suggests Hernandez’s hand is at the end of the knife. 

Parties are slated to reconvene on Sep. 24.