Judge Grants Defendant’s Request to Remove GPS Monitor

DC Superior Court Judge Robert Salerno granted Sebastian Fonseca-Gomez’s modification request to remove his GPS monitor while released during a Sept. 23 hearing.

Fonseca-Gomez, 26, is charged with assault with a dangerous weapon after allegedly stabbing a victim at the intersection of 7th Street and A Street, NE on May 15. According to court documents, the victim had three stab wounds and described the attack weapon as being identical to a folding knife that Fonseca-Gomez allegedly surrendered to police.

According to court documents, Fonseca-Gomez followed the victim on his bike while she was walking a dog. After following the victim for a few blocks and taunting her, he allegedly pepper sprayed the victim and stabbed her in the buttocks area.

During the hearing, Fonseca-Gomez’s defense attorney John Machado requested GPS tracking be removed as a condition of his release. Judge Salerno granted this request and confirmed that a stay away order remains in place.

Parties are set to return Oct. 24.

Defendant ‘Want[s] Another Opinion’ For Plea Offer And A New Attorney

A shooting defendant told DC Superior Court Judge Michael O’Keefe he wanted a new attorney to give him a second opinion about a plea offer extended by prosecutors on Sept. 24.

Israel Beairs, 40, is charged with assault with intent to kill while armed for his alleged involvement in a non-fatal shooting that occurred on June 4 on the 1800 block of West Virginia Avenue, NE. An adult female sustained life-threatening injuries during the incident.

During the hearing, the prosecution alerted Judge O’Keefe that they had extended a plea deal, which would resolve three of Beairs’ outstanding cases.

According to the prosecution, the offer required Beairs to plead guilty to aggravated assault while armed for his involvement in this shooting incident, assault with a dangerous weapon and unlawful possession of a firearm by a convict in connection to two other gun offenses.

Through the deal, the prosecutor said, they’d agree to not seek an indictment on any of the cases, and would not seek charges in an uncharged shooting incident from April, which also involved the current victim.

When Judge O’Keefe asked Beairs if he was rejecting the plea deal, he said “I want another opinion,” and requested Courtney Vaughan be dismissed as his counsel.

Judge O’Keefe granted the request, and the prosecution agreed to leave the offer available until the next hearing.

Parties are slated to reconvene Oct. 9.

Stabbing Defendant Competent, Pleads Not Guilty

DC Superior Court Judge Judith Pipe ruled a stabbing defendant competent to stand trial, and the defendant pleaded not guilty during an arraignment on Sept. 23.

Izat Petway, 33, is charged with robbery while armed, assault with intent to commit robbery while armed, assault with significant bodily injury while armed, second-degree theft, and GPS tampering (failure to charge), for his alleged role in a stabbing incident that transpired on April 21, on the 1400 block of 9th Street, NW. The incident left one person injured.

During the hearing, Judge Pipe ruled Petway competent to stand trial, in accordance with a report received from the Department of Behavioral Health (DBH).

Petway’s attorney, Kevin Patrick O’Sullivan, announced that his client is pleading not guilty to all charges. Furthermore, he announced that Petway is asserting his constitutional rights, including a speedy trial.

Parties are scheduled to appear in court on Oct. 21.

Closing Arguments Clash Over Motive for Non-Fatal Shooting

Adrian Lee‘s defense attorney, Albert Amissah, said Lee fired a gun in reasonable fear for his life. Meanwhile, the prosecution said he used unjustified deadly force in a verbal altercation. The exchange came during closing arguments before DC Superior Court Judge Rainey Brandt on Sept. 23.

Lee, 49, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, assault with significant bodily injury while armed, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict. The charges stem from his alleged involvement in a non-fatal shooting incident on April 18, 2023, on the 700 block of Gresham Place, NW, that left one person injured.

Parties agreed Lee’s wife got in a car accident with the victim and his fiancée, and called Lee to bring his auto insurance card. They agreed Lee’s wife drove away and Lee ran away from the crash scene while the victim and his fiancée still had Lee’s insurance card which turned out to be expired.

According to the prosecutor, the victim and his fiancée accidentally came upon Lee twice more and tried to return his insurance card. The first time was moments after Lee allegedly ran from the scene of the accident, and the second time was after the victim and his fiancée asked a police officer how to report a hit-and-run accident.

“They were told to go back to the scene, and that’s what they did,” said the prosecutor. “If they were trying to pursue vigilante street justice, why would they ask the police what to do?”

The prosecutor’s argument was based on the victim’s and his fiancée’s limited information about DC as they randomly met up with Lee.

“Why didn’t they just use that fancy GPS in their Tesla?” Amissah asked.

He said although the victim and his fiancée testified they were trying to return to the scene of the accident after speaking to police, they had to pass the scene of the accident to meet up with Lee the second time.

“The officer told them, ‘Go back to the scene and call 911.’ They didn’t do that,” Amissah argued, “They weren’t trying to go home. They weren’t trying to get to the scene of the accident. They were looking for him [Lee].”

Amissah said the accident caused minimal damage, and the victim and his fiancée had no reason to return Lee’s insurance card.

“The fact of following Lee around for three or four blocks with an expired insurance card is threatening in itself,” Amissah said.

“The bottom line is, do you believe that [the victim and his fiancée] had a gun?” the prosecutor told the jury during closing arguments. “There is no evidence that [they] had a gun.”

“It doesn’t matter whether he thought [the victim] had a gun. That’s not the law,” Amissah said. “It’s whether Mr. Lee feared for his life.”

“He brought a gun to a verbal argument, and that is not reasonable,” the prosecutor countered. “The defendant used deadly force. He decided to shoot someone. And the standard under our law for using deadly force, thankfully, is not that you’re a little bit alarmed.”

“We’ve got two stories,” the prosecutor told the jury regarding Lee’s testimony.

Lee said he wasn’t the shooter when he was interviewed by a Metropolitan Police Department (MPD) detective shortly after his arrest, the prosecutor noted, displaying the cover art of Shaggy’s 2000 hit single “It Wasn’t Me” for the jury.

“I could go through this s*** and fight this s***, but I didn’t shoot nobody,” Lee said in surveillance video footage of his interview that the prosecutor played.

“If I was the shooter, wouldn’t I be screaming self-defense?” Lee said to the detective. When asked if he felt threatened at all, he replied, “Not enough to shoot somebody. F*** no.”

“The defendant already told you what he would do when he came up here: he would scream self-defense,” the prosecutor said. She told the jury not to be fooled into buying Lee’s argument.

The prosecutor said the jury should take Lee at his word that he didn’t feel threatened by the victims.

“Self-defense is a complete defense to the charges,” Judge Brandt instructed the jury, “if Adrian Lee actually believed he was in imminent danger of death or serious bodily harm and that belief was reasonable.”

“He may not use any greater force than he actually and reasonably believes to be necessary,” Judge Brandt continued.

Parties will reconvene when the jury reaches a verdict.

Stabbing Defendant’s Release For Treatment Approved

DC Superior Court Judge Errol Arthur approved the release of a stabbing defendant so she could receive bed-to-bed substance treatment during a hearing on Sept. 23.

Helen Harris, 53, is charged with assault with a dangerous weapon for her alleged involvement in an incident that occurred on the 1500 block of F Street, NW, on Aug. 8. The victim claimed that Harris had been drinking, started violently hitting her, then allegedly stabbed her leaving a large cut over her left eyebrow.

Susan Ellis, Harris’ attorney, presented to the court letters written on behalf of the defendant from her current healthcare program, as well as a certificate stating that she’d completed the first phase of care at a community treatment facility.

The prosecution opposed the release, saying that the defendant hasn’t experienced a significant change in her circumstances has multiple bench warrants, as well as other pending cases and convictions, includin assault with a deadly weapon.

Ellis argued that the defendant is highly motivated to participate in outside treatment, and would be compliant following release.

Judge Arthur approved the motion, stating that if the defendant walked away from her placement he would issue a bench warrant. Judge Arthur also issued a stay away order for the 1500 block of F Street, NE.

Parties are slated to reconvene Oct. 8.

Prosecution Calls Defendant’s Testimony, ‘Just Unbelievable,’ in Sex Worker Shooting

The defense and prosecution gave closing statements in the shooting of a transgender sex worker before a jury in DC Superior Judge Errol Arthur’s court on Sept. 23.

Jerry Tyree, 46, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, two counts unlawful possession of a firearm, unlawful possession of liquid PCP and attempted unlawful possession of liquid PCP for his alleged involvement in a shooting that occurred on the 5900 block of Foote Street, NE on Nov. 29, 2023. A transgender woman sustained injuries to her groin and genitals as a result of the incident resulting from a sex transaction that turned into a shooting.

During the prosecution’s closing statement, the prosecutor brought up multiple reasons why the defendant’s testimony was “just unbelievable,” including that it only came after he had seen all the evidence against him, that it didn’t match testimony from the victim, as well as a witness and video surveillance footage.

The prosecution also mentioned that tool marks found on a bullet, which was recovered from the victim, were very likely like the patterns found on test shots made from the gun the defendant was allegedly carrying at the time of his arrest.

During the defense’s closing statements, Sara Kopecki, Tyree’s attorney, countered that there is “no doubt about it” when it comes to inconsistencies in the defendant’s testimony, saying the fact that his testimony diverges from surveillance video footage speaks to his credibility as a witness.

Kopecki said the gun more likely to belonged to the victim, due to the dangers of her being a sex worker. Kopecki also said that the victim’s story about where the gun came from did not add up. She questioned why the victim would say the gun came from the defendant’s back pocket even though he had a backpack and jacket with him at the time of the incident.

There are multiple reasons why the gun didn’t belonged to the victim, the prosecutor rebutted.

“Forgive her for not knowing which pocket the gun that shot her came out of,” the prosecution said regarding the victim’s inconsistent statements about the location of the gun.

The trial is slated to reconvene Sept. 24.

Defendant in Kidnapping and Carjacking Case Pleads Not Guilty

A carjacking and kidnapping defendant pleaded not guilty to seven charges during a hearing Sept. 23.

Winston Timoteo, 26, is charged with armed carjacking, kidnapping while armed, three counts possession of a firearm during a crime of violence, assault with attempt to commit robbery while armed and first-degree theft for his alleged involvement in an incident that occurred on the 100 block of 6th Street, NE on Dec. 26.

According to court documents, Timoteo was pulled over for driving in the wrong direction on a one-way road. A carjacking victim later told police that an individual, later said a person identified as Timoteo, had stolen his car. He also alleged that the defendant had a gun and that he allegedly fled on foot after being approached by an officer.

Terrence Austin, Timoteo’s attorney, requested an additional week to continue conferring with a DNA expert. DC Superior Court Judge Errol Arthur approved the request.

Prosecution requested that the defendant be subject to a grand jury and a personal protective order, which Judge Arthur also approved.

Parties are slated to reconvene Oct. 8.

Homicide Defendant Asks to Represent Himself

After being found competent to stand trial on July 19, a stabbing defendant requested on Sept. 24 that DC Superior Court Judge Marisa Demeo let him defend himself in court.

Matthew Walker, 25, is charged with first-degree murder while armed for allegedly stabbing 23-year-old Jamal Green-Lee on the 100 block of Michigan Avenue, NE on April 29, 2019. Green-Lee died on Nov. 4, 2020, due to his injuries.

Walker was also found guilty in a non-jury trial of first-degree murder while armed, assault with intent to kill, and possession of a firearm during a crime of violence among other charges for his involvement in the fatal shooting of David Remen, 32, on Feb. 14, 2019, on the 1700 block Hamlin Street, NE. One other individual sustained severe injuries in the attack.

Stephen Lofergo, Walker’s attorney, said he and his client had the opportunity to review a report filed by the DC Department of Behavioral Health and had no objections to it. He said Walker wanted to resolve this matter without going to trial and wished to represent himself in future proceedings with Lofergo as his advisor.

Judge Demeo said she will need to discuss Walker’s rights including waiving his right to an attorney.

Parties are scheduled to reconvene on Oct. 4.

Defendant Stabbed in a Fight Accepts Plea Deal

A defendant accepted a plea agreement extended by prosecutors in connection to a fight and a stabbing in a hearing on Sept. 23 before DC Superior Court Judge Heidi Pasichow.

Steven Spencer, 28, was originally charged with assault with a dangerous weapon for his involvement in a stabbing on July 7, at the intersection of E and 8th Street, SE.

According to court documents, Spencer and another individual were on the X2 bus when Spencer went to the back and yelled at the victim for sitting in his seat.

According to the prosecutor, the victim produced a folding knife and stabbed the Spencer three times in the abdomen. Then after an ensuing argument Spencer got off the bus and allegedly hit the victim in the head with a wine bottle.

Spencer sustained injuries to his abdomen, and the victim suffered a head laceration that later developed into a brain bleed, according to the prosecution.

At the hearing, Jamison Koehler, Spencer’s attorney, alerted the court of his intent to accept a deal, which required him to plead guilty to attempted assault with a dangerous weapon in exchange for the prosecution not filing greater charges.

Additionally, Koehler filed a motion for Spencer’s release, stating that he accepted “responsibility for an offense for which he was the initial victim,” and argued he does not pose a risk of flight danger to the community.

Judge Pasichow denied the request.

Parties slated to reconvene on Nov. 15.

Judge Revokes Probation for Shooting Defendant

DC Superior Court Judge Anthony Epstein revoked a shooting defendant’s probation on Sept. 18, following his failure to appear at a Sept. 6 hearing and multiple probation violations.

Davon Easton, 31, pleaded guilty to attempted assault with a dangerous weapon and unlawful possession of a firearm by a convict on Dec. 20, 2022, for his involvement in the shooting of a Metropolitan Police Department (MPD) officer on the 1300 block of Spring Road, NW. The officer sustained a graze wound to his forehead.

On Sept. 6, DC Superior Court Judge Robert Okun issued a bench warrant for Easton due to his failure to appear in court for a probation show cause hearing.

In an order issued on Aug. 27, Judge Okun stated he had received an “alleged violation report” from Easton’s probation officer, which stated Easton had “failed to drug test and to report as directed.”

During the Sept. 18 hearing, Easton’s defense attorney, Kevin O’Sullivan, requested Judge Epstein, who was standing in for Judge Okun, release Easton back into the community and give him a chance to complete his probation requirements.

According to O’Sullivan, Easton is new to the District, has a job, and is pursuing a relationship with a teenage son he recently discovered. O’Sullivan added that Easton is his parents’ caregiver as they confront illness.

The prosecution objected stating that Easton’s actions reflect his inability to better himself, citing a criminal history.

Judge Epstein revoked Easton’s probation, noting the broken rules and that his current circumstances were not a motivation for self-improvement.

Parties are expected to return to court on Oct. 4.

Judge Denies Carjacking Defendant’s Release

DC Superior Court Judge Renee Raymond denied a carjacking defendant’s release after he waived his right to a preliminary hearing on Sept. 23.

Martrail Cunningham, 26, is charged with two counts of armed carjacking and two counts of possession of a firearm during a crime of violence from his alleged involvement in multiple incidents, which occurred on Aug. 4 at the 1300 block of Wallach Place, NW, and on Aug. 25 at the 1300 block of Jasper Place, SE.

Cunningham was allegedly involved in two other charged armed carjacking incidents for which he is yet to charged with that took place on Aug. 17 at the 1000 block of Perry Street, NW, and on Aug. 14 at the 700 block of Newton Place, NW.

Cunningham’s lawyer, Susan Borecki, alerted the court that Cunningham was waiving his right to a preliminary hearing and requested Cunningham be released with GPS monitoring, arguing that has a stable living situation, three children, a job working in landscaping, and no prior history of failing to appear in scourt.

The prosecution disagreed arguing Cunningham would be a danger to society if released.

The prosecution noted that although Cunningham is only accused in connection to two incidents he’s facing additional charges. They also stated that during one incident a firearm was allegedly brandished and that in another a weapon discharged.

Additionally, the prosecution stated that the stolen vehicles were found at an address linked to Cunningham and that identifying materials were found in one of the vehicles as well as a handgun and ammunition.

The prosecution noted that Cunningham has a pending case in Maryland for robbery and a prior robbery case.

Judge Raymond ruled that Cunningham would continue to be held at the jail, finding that there were no conditions or combination of conditions of release that would ensure the safety of society.

“The weight of the evidence is exceedingly strong,” Judge Raymond said, adding that his employment is “erased by fairly consistent and nominally dangerous behavior during the month of August.”

Parties are set to reconvene on Oct. 17.

Stabbing Defendant Pleads Not Guilty at Arraignment

A stabbing defendant pleaded not guilty during an arraignment on Sept. 23 in front of DC Superior Court Judge Judith Pipe.

Samuel Robinson, 44, is charged with assault with a dangerous weapon and possession of a prohibited weapon, allegedly committed during release from another criminal matter, for his alleged role in a stabbing at the Mount Vernon Square Metro Station on the 700 block of M Street, NW, on Feb. 6. One person sustained a stab wound to the back of the head.

According to court documents, two individuals, one later identified as Robinson, were in a physical altercation, which led to the stabbing.

At the hearing, Michelle Lockard, Robinson’s defense attorney, announced that he is pleading not guilty to all of the charges and that he asserts his constitutional rights, including the right to a speedy trial.

Moreover, Lockard asked the court to release Robinson, citing he is taking medication to treat his mental health issues. Judge Pipe denied the request, stating that he should still be detained to ensure he is able to take his prescription medication.

The parties are scheduled to reconvene on Nov. 1.

Carjacking Defendant Accepts Plea Deal

On Sept. 20, a carjacking defendant accepted a plea deal in front of Superior Court Judge Jason Park.

Tony Walker, 28, was originally charged with possession of a firearm during a crime of violence, unauthorized use of a vehicle, first-degree theft, and unarmed carjacking for his involvement in a theft and carjacking incident on the 400 block of Marietta Place, NW on Jan. 10.

During the hearing, Terrence Austin, Walker’s defense attorney, alerted the court of Walker’s intent to accept a deal which required Walker to plead guilty to unarmed carjacking and possession of a firearm during a crime of violence, in exchange of the prosecution not seeking an indictment.

Parties are expected to reconvene for sentencing on Oct. 4.

Stabbing Case Continued Over Venue For Competency Treatment

On Sep. 20 DC Superior Court Judge Jason Park ordered a postponement to determine treatment options for competency restoration for a stabbing defendant currently in Massachusetts.

Michael Burke, 45, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal stabbing during a street fight on the 1700 block of Rhode Island Avenue, NE on April 16.

According to court documents, the victim suffered a cut to the left side of his left jaw and was transported to the hospital with the blade still lodged inside his mouth.

Burke was released in April, and returned to his home in Massachusetts, with the condition that he would seek mental health assessments and competency evaluation.

When discussing the results of the examination and release status, defense attorney Thomas Healy stated that the doctor concluded Burke should continue competency restoration in Massachusetts.

The prosecution requested that Burke receive “local restoration” within DC, because that’s where he allegedly committed the crime.

Burke, who attended the hearing remotely, requested to speak with the judge, inquiring if he ordered officers to follow him, and expressed that he had “issues with the competency treatment” and was “going to complain to the FBI” alleging unfair treatment.

Judge Park responded that Massachusetts “wasn’t his [the judge’s] jurisdiction,” and ordered a continuance to allow Healy to determine Burke’s options for receiving competency restoration services in Massachusetts or other options than in DC.

Parties are expected to reconvene on Oct. 7.

Mental Competency Exam Requested for Shooting Defendant

DC Superior Court Judge Renee Raymond ordered a shooting defendant’s transfer to St. Elizabeths Hospital to receive a full mental competency examination during a hearing on Sept. 23.

Bryant Russell, 47, is charged with aggravated assault knowingly while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict for his alleged involvement in a non-fatal shooting that occurred on June 6, 2024 on the 5000 block of Just Street, NE. One individual sustained injuries during the incident.

A mental competency exam for Russell was previously requested on Aug. 14.

During the hearing, Judge Raymond revealed that the results of the exam were inconclusive and that it was recommended that Russell be transferred to St. Elizabeths for a full mental competency exam.

Judge Raymond ordered the transfer that said the court would wait 40 days to receive the results of the next evaluation.

Parties are set to reconvene on Nov. 4.

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