Judge Doesn’t Find Probable Cause in Murder, Case Dismissed

DC Superior Court Judge Maribeth Raffinan ruled the prosecution failed to provide sufficient evidence to rule on probable cause, and dismissed the charges against a shooting defendant on Oct. 22.

James Rice, 26, was charged with first-degree murder while armed for his alleged involvement in the fatal shooting of Thomas Carlos Felder, 32. The incident took place on May 1 on the 1300 block of Pennsylvania Avenue, SE.

According to court documents, the shooting was captured on surveillance footage from surrounding buildings.

At a previous hearing, a detective testified that Rice was deemed a suspect after a witness identified him in surveillance footage based on his build and clothes the suspect was wearing.

During the hearing, the prosecution asked Judge Raffinan to find probable cause based on identification from eight witnesses, video evidence, and items seized from the crime scene.

The prosecutor stated the video depicts a Black man wearing a black hoodie shooting Felder, and running toward G Street, which is near where Rice lives. In the video, the suspect is seen wearing white shoes with colorful stripes on the sides.

Out of the eight witnesses, six witnesses say they saw the crime unfold. The six that were there all agree that the suspect was Black and was wearing a black hoodie at the time of the shooting. Furthermore, they all agree that the suspect was running toward G Street.

The seventh witness, according to the prosecutor, was not there at the time of the shooting, but knew of Rice and greeted him before the witness walked away from the scene.

Another witness, who helped the Metropolitan Police Department (MPD) identify Rice as the suspect, told MPD the “be on the lookout” (BOLO) they released showed Rice, and stated he knew him from the area, and saw him walking away from a McDonald’s on the day of the incident.

According to the prosecution, shoes that matched the descriptions provided by witnesses were recovered from Rice’s home during a search warrant. They argued the shoes should play a role in probable cause.

Rice’s defense attorney, Joseph Yarbough, asked Judge Raffinan to not find probable cause, arguing that all eight witnesses do not clearly identify Rice.

Yarbough argued that the witnesses failed to mention that the suspect has either neck or face tattoos, which he argued is extremely important, since Rice has them.

Yarbough contended that the witness who helped MPD identify Rice through the BOLO was unreliable, arguing he had a special interest in Rice’s arrest and the circumstances of his identification.

Additionally, Yarbough argued the witness had a financial interest in ensuring Rice gets arrested and convicted of murdering Felder as he was hoping to get a reward. According to Yarbough, the witness texted the lead detective’s phone requesting money for identifying Rice.

According to the prosecution, a search of Rice’s residence yielded a pair of shoes that looked consistent with the shoes the suspect was wearing in the video. Yarbough argued the shoes do not look alike, saying the shoes taken from Rice were a completely different color and size compared to the black and white shoes shown in the video.

Judge Raffinan found the evidence inconclusive and that there is no probable cause for Rice’s arrest and thus dismissed the case. However, she said the prosecution can file charges again if they obtain more evidence linking the crime to Rice.

There are no future dates set for the matter.

Murder Retrial May Hinge on Recanted Testimony of a Confession

Parties began closing arguments in connection to a 2015 homicide case being retried before DC Superior Court Judge Marisa Demeo on Oct. 22. The outcome could depend on the credibility of recanted testimony.

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 Nov. 14, 2015, fatal shooting of 24-year-old Onyekachi Emmanuel Osuchukwu III on the 2900 block of Second Street, SE.

Burns was convicted of these charges in 2017, but the DC Court of Appeals overturned the verdict in 2020 on a technicality.

Burns and Tyre Allen, 24, are also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of justice for their alleged attempts to persuade a witness—Allen’s brother who is also Burns’ cousin—to redact testimony of an alleged confession to the murder made by Burns to the witness.

During closing arguments, the prosecution stated that Burns planned the murder of Osuchukwu, his best friend, because he felt he wasn’t getting his fair share of the money from their joint drug business. They added that after his conviction in 2017, Burns conspired with Allen to coerce the primary witness, identified as Burns’ cousin and Allen’s brother, to change his testimony.

The prosecutor reviewed exhibits including text messages Burns sent, calls he placed while in prison, and Google searches including, “Are you capable of killing your best friend?”

According to the prosecution the answer was, “yes,” and that Burns did just that.

Defense attorney Rosemary Szanyi, representing Burns, said that the timeline of the prosecution’s argument doesn’t make any sense. Szanyi showed cell tower records that located Burns’ phone in the general area of a bus stop that was 20 minutes walking distance, eight minutes after the murder.

Szanyi also said that there was unidentified DNA evidence under the fingernails of Osuchukwu, and Burns was shown not to be a likely match.

“The physical evidence [the prosecution] collected points away from Burns,” said Szanyi.

She stated that none of these inconsistencies was investigated by the prosecution.

Burns’ attorney also reviewed the testimony of Burns’ cousin’s ex-girlfriend. Szanyi highlighted that the ex-girlfriend testified she overheard Burns’ cousin say “I’m going to get [Burns] locked up.”

The main argument for both the prosecution and the defense hinges on the testimony of their primary witness, the witness who recanted testimony of Burns’ confession. The prosecution argued that the witness had no reason or motive to lie about Burns confessing to the murder, while the defense argues that there are discrepancies throughout the witness’ actions.

The defense argued that the witness made up Burns’ confession for the reward money offered by the police department, and that the recantation was purely on his own.

“All Eugene wanted was for [the witness] to tell the truth,” said Szanyi. “Wanting someone to tell the truth isn’t an obstruction of justice.”

Due to time constraints, Allen’s attorney, Brandon Burrell, will deliver his closing arguments at the next hearing.

The parties are slated to reconvene Oct. 23.

DOCUMENt: MPD Searching for Suspects and Vehicles in Shooting

The Metropolitan Police Department (MPD) is requesting public assistance in locating two suspects involved in a shooting that took place on Oct. 19, 2024, in the 2500 block of Marion Barry Avenue, SE. There were no reported injuries from the incident, which began as a verbal altercation, escalated when both suspects brandished firearms, and resulted in both suspects fleeing the scene.

Document: MPD Investigating Sixth Street Southeast Homicide

The Metropolitan Police Department (MPD) is investigating the homicide of 22-year-old Asonta Dunmore, which took place on Oct. 23 in the 4200 block of 6th Street, SE. Upon responding to reports of a shooting, officers found the victim suffering from gunshot wounds and he was pronounced dead at the scene.

Judge Denies Shooting Defendant’s Request for Release

DC Superior Court Judge Anthony Epstein denied a defendant’s request for release on Oct. 22, arguing no conditions or evidence have changed.

Deandre Christian, 29, is charged with assault with intent to kill while armed and possession of a firearm during a crime of violence for his alleged involvement in a shooting that occurred on the 200 block of M Street, SW on Sept. 5, 2023.

According to the court documents, Christian and another man were in an apartment when three suspects Keyshawn Lavender, 23, Raymond Mathis, 36 and Deandre Sams, 28, allegedly broke in and shot the victim. Christian allegedly shot back at the three individuals as they ran from the apartment.

Defense attorney Brandi Harden argued that new DNA evidence of the blood in the apartment calls into question the timing of the shooting and that there is no proof that Christian shot at the intruders.

Harden also argued that Christian was shot twice and has no criminal record, which suggests self-defense. She also stated, therefore, he does not pose a danger to the community and should at least be released to home confinement.

Judge Epstein denied the motion, arguing Christian shot back at the robbers with the intent to harm them.

Parties are slated to reconvene on Dec. 12.

Surviving Victims Testify in Homicide, Mass Shooting Trial

Two victims testified on Oct. 22 about their persistent fear and anxiety following a mass shooting, before DC Superior Court Judge Robert Okun.

Juan Peterson, 33, is charged with first-degree murder while armed, three counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, two counts of accessory after the fact while armed, and second-degree cruelty to children.

The charges stem from his alleged involvement in the fatal shooting of 28-year-old Lester Howard on May 15, 2021, that left three others injured on the 3900 block of Minnesota Avenue, NE.

According to court documents, Peterson allegedly aided and abetted in a shooting as the getaway driver and provided the shooter with the firearm. The shooter remains unidentified and police are still searching for them.

During their opening, the prosecution argued that Peterson knew the “trigger man,” asserting that “Peterson followed the plan… he arrives, he provides, he drives” as the shooter was allegedly waiting for Peterson to arrive at the scene to commit the crime.

They stated that Peterson’s car “stop(ped) not at the light” but instead as close as possible to the shooter to obtain the weapon from the glovebox of the suspect vehicle. The prosecution claimed the passenger side door was left unlocked for the shooter to get in, and Peterson pulled away without any hesitation.

During his opening statements, Peterson’s attorney, Daniel Kovler, claimed Peterson knew the shooter and his violent reputation, thus the defendant feared if he did not participate, he would be killed.

According to Kovler, Peterson was doing “what any reasonable person would do” to live another day. Kovler insisted to jurors that Peterson is “innocent of every charge he is facing” regardless of his previous convictions of dealing marijuana and selling firearms.

One of the victims took the stand and described her experience in the shooting, stating she “fell to the ground… couldn’t get back up.” She described how she still endures pain and post-traumatic stress disorder (PTSD) symptoms from the incident.

Another victim, seen on security footage with her then one-year-old child, appeared reluctant to remove her face mask before testifying, she screamed adamantly that she “don’t remember nothing from that day.”

During cross-examination, Kovler asked the witness if she were anxious about her testimony’s being viewed as cooperating with law enforcement. The victim could not provide a direct answer.

The first police officer to respond also testified, stating they were stationed nearby to provide “high visibility” due to the high crime rate in the area.

The prosecution played body-worn camera footage which depicted the officer rushing to Howard before turning to provide first aid to another victim. The officer testified Howard had already passed when he arrived.

Another eyewitness testified that while driving the behind the suspect vehicle, it “seem(ed) to stop short of the traffic light”, and that the passenger side door of the car appeared to be unlocked as the shooter got in. The witness also confirmed making a 911 call where providing an Ohio license plate number to police.

The prosecution presented stipulated photos of the suspect vehicle when it was found and searched about ten days after the incident. The vehicle had a Delaware temporary tag displayed, but an Ohio license plate only one digit different from the plate provided in the 911 call that was found in the trunk.

Trial is set to continue on Oct. 23.

Judge Considers Stabbing Defendant’s Release Terms

DC Superior Court Judge Maribeth Raffinan delayed her final ruling on a motion to modify a stabbing defendant’s release conditions on Oct. 22, allowing the Pretrial Services Agency (PSA) to develop a release plan.

Herbert Young, 41, is charged with assault with intent to kill while armed of a senior citizen, aggravated assault knowingly while armed of a senior citizen, assault with a dangerous weapon of a senior citizen, and carrying a dangerous weapon outside a home or business, for his alleged involvement in a stabbing incident on the 2500 block of N Street, SE on February 4, 2023. One person sustained multiple stab wounds.

According to court documents, on the day of the incident, the suspect, later identified as Young, went to the victim’s apartment allegedly to stab him. The victim’s girlfriend witnessed the attack and she positively identified Young as the individual who stabbed the victim.

During the status hearing, Young’s defense counsel, Hannah Claudio, made a motion to alter Young’s release conditions, lifting the current curfew, which is set for 7:00 p. m. to 6:00 a. m.

Claudio emphasized that Young is fully compliant with release conditions, and is in the process of changing apartments, where he will be living by himself for the first time in recent years.

Furthermore, Claudio claimed if his release conditions are modified he would be able to rely on his sister, and the rest of his family, as he is transitioning to single living. Young’s sister’s home and the apartment where he is moving are not near the victim’s residence.

The prosecution commended Young on his compliance, but objected to the motion, citing how anxiety-inducing it would be for the victim and his girlfriend to bump into Young accidentally he doesn’t continue to have a curfew.

Judge Raffinan stated that she would not lift the curfew, however, she is willing to create a schedule for Young that would dictate what nights could be spent with his sister and what nights would be spent in his apartment.

Judge Raffinan asked a PSA agent to determine the policy regarding a defendant’x being able to go back and forth between two residences.

Parties are slated to convene on Nov. 5.

Defendant Accepts Plea Deal in Stabbing Case

A stabbing defendant accepted a plea deal before DC Superior Court Judge Judith Pipe on Oct. 21, agreeing to plead guilty on two of five charges.

Izat Petway, 33, was originally charged with robbery while armed, assault with intent to commit robbery while armed, assault with significant bodily injury while armed, GPS tampering, and second-degree theft, for his involvement in a stabbing and attempted bike theft on April 21, on the 1400 block of 9th Street, NW.

According to court documents, Petway saw the victim walking a bike on the sidewalk and struck the individual in the head with a knife. Petway took the bike and ran towards a nearby alley where he left the bicycle and continued to flee.

During the hearing Kevin O’Sullivan, Petway’s attorney, affirmed Petway would be accepting a plea offer which required Petway to plead guilty to assault with significant bodily injury while armed and attempted robbery in exchange for dismissal of all other charges and no argument against concurrent sentences during sentencing.

Parties agreed to reconvene for sentencing on Dec. 20.

Judge Grants Shooting Prelim Reopening

Attorneys representing a shooting defendant filed a successful motion to reopen a preliminary hearing on Oct. 22 before DC Superior Court Judge Robert Okun.

Demarco Hayes, 21, and Donte Bennett, 26, are charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence for their alleged involvement in a July 24 shooting on the 1800 block of Marion Berry Avenue, SE.

According to court documents, the driver of the suspect’s vehicle attempted to block the victim’s car while it was stopped at a stop sign. Two individuals, later identified as Bennett and Hayes, exited the vehicle and approached the victim’s car. The victim attempted to escape by driving away, hitting and carrying Bennet some distance on the hood of the vehicle before it crashed into a retaining wall. Hayes and Bennett allegedly began shooting at the vehicle, striking the victim in the back of the neck.

Hayes’ attorney, Mani Golzari filed a motion to reopen Hayes’ preliminary hearing, which occurred on Sept. 11, but was quickly opposed by the prosecutor who asked Judge Okun for time to provide a written opinion.

Orally, the prosecution speculated that the defense had not looked through all of the evidence prior to the preliminary hearing, and only recently found something that may have been useful.

Golzari insisted that the prosecution had no idea what was behind the motion’s reasoning was and claimed that the preliminary hearing was just after Golzari was assigned the case. However, the court’s schedule pressured him into a preliminary hearing sooner than desired.

Judge Okun ruled in favor of the defense allowing the preliminary hearing to be reopened.

Hayes is scheduled to return to court Oct. 25.

Bennett’s first preliminary hearing is scheduled for Oct. 28.

Parties Debate Recanted Testimony in Murder Case Closings

Closing trial arguments were delivered before DC Superior Court Judge Marisa Demeo on Oct. 23 with the defense claiming there is no evidence that the co-defendants influenced or coerced a witness to recant his testimony.

Burns was convicted of these charges in 2017, but the DC Court of Appeals overturned the verdict on a technical issue in 2020.

Burns and Tyre Allen, 24, are also charged with conspiracy, obstruction of justice by influencing or delaying a witness or officer, and obstruction of justice for their alleged involvement in persuading a witness, identified as Allen’s brother and Burns’ cousin, to retract his testimony from Burns’ 2017 trial.

The prosecution argued that Allen played a crucial role in the conspiracy to undermine the witness’ original testimony, contributing to Burns’ initial conviction. Allen’s defense attorney, Brandon Burrell, contends that he was merely advising his brother to speak the truth and that no coercion was involved.

During his closing arguments, Burrell claimed there was no evidence, witness, or proof that Allen bribed, threatened, or persuaded anyone.

Burrell argued that the prosecution failed to provide a script of Allen’s phone or other platforms, in which they claimed he obstructed justice, or influenced a witness.

A transcript from a phone call between Burns and Allen was presented with a conversation about allegedly getting rid of a physical phone. Allen had asked, “Somebody else joint?” and Burns replied, “Get that joint a.s.a.p,” the joint supposedly meaning a phone.

The prosecution claimed that Allen knew precisely what he was doing when he got rid of his physical phone, knowing that deleted messages could be retrieved if it was collected as evidence.

A phone call was played during closing arguments between Allen and his brother, during which Allen stated, “If you want to tell the truth, then tell the truth…you making a choice that you feel is the right choice on your behalf, and that’s the only way I want it.”

Burrell stressed that there is no evidence Allen ever told any witness to lie. Burrell claimed the intention during the phone call was not to influence the witness, so the defense asked, “Where is the obstruction?”

The prosecution rebutted that Allen’s brother had lied during testimony and had a motive to recant because MPD paid him 12,500 dollars and granted him immunity by making him a prosecution witness in the case.

His credibility was questioned because he admitted to lying by recanting his original testimony, and both parties instructed the jury to scrutinize everything he said with caution.

Testimony Begins for Shooting Deemed a ‘Brazen Attack’

Prosecutors deemed an April shooting a “brazen attack,” during opening statements on Oct. 21, before DC Superior Court Judge Judith Pipe.

Cornellius Ruffin, 41, is charged with assault with significant bodily injury while armed, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, unlawful possession of a firearm with a prior offense, carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition for his alleged involvement in a non-fatal shooting on April 12 on the 200 block of Bates Street, NW.

During opening statements the prosecution called the incident “a brazen attack in the middle of the day” describing how Ruffin allegedly fired multiple shots, hitting one victim in the leg, before placing the gun in a woman’s handbag and “casually bik[ing] away.”

Stephen LoGerfo, on behalf of Ruffin, asserted that his client “is not guilty” and that “no one is going to identify Mr. Ruffin as the shooter.”

Following opening statements, prosecutors called on multiple eyewitness who recalled hearing three or four shots, and described the shooter to be a man wearing a “black bomber jacket” with some sort of colorful design or embroidery on the back.

Additionally, the witness stated the shooter “casually got on the bike” before riding west on Q Street. When speaking with police at the scene, the witness also helped canvas the area in an attempt to positively identify the shooter.

Another eyewitness testified they also heard the shots, and provided a similar description of the suspect. They added that, on the day of the incident, they provided the Metropolitan Police Department (MPD) with images of the suspect as they rode away from the scene.

An additional eyewitness stated the suspect “didn’t seem that hurried.” Furthermore, the witness was able to describe a female, later identified as Natalie Stokes, 33, who they alleged the suspect handed the firearm to after the shooting. The witness described Stokes as an African American woman wearing a pink hoodie around her waist.

Prosecutors also called on an officer who displayed body-worn camera footage of conversations between the officer and the witnesses. In the footage, the officer can be heard providing a description of the two suspects over the radio to all officers in the area.

Trial is set to continue Oct. 22

Judge Partially Restricts Autopsy Photos in Homicide Trial

DC Superior Court Judge Robert Okun partially granted a homicide defendant’s request to limit the display of graphic autopsy images during a trial on Oct. 21.

Juan Peterson, 33, is charged with first-degree murder while armed, three counts of assault with intent to kill while armed offenses committed during release, three counts of possession of a firearm during a crime of violence committed during release, two counts of accessory after the fact while armed committed during release, and second-degree cruelty to children committed during release. He is being charged for his alleged involvement in the shooting of four individuals on May 15, 2021, on the 3900 block of Minnesota Avenue, NE.

One of the victims, later identified as 28-year-old Lester Howard, succumbed to his injuries.

Peterson’s defense attorney, Jonathan Klover, introduced a motion to suppress evidence, taking issue with the presentation of autopsy photographs and officer body worn camera that shows Howard after his death. Klover claims that video of a man dying on the street are not appropriate for the courtroom.

Prosecution introduced the autopsy photographs they planned to show the jury, and argued that the photos are needed to show the location of the injuries and to show that this was not self defense. The prosecutor insisted that photos of this nature are important for the jury to see to understand the reality of a homicide case.

After reviewing the photos, Judge Okun granted the defense’s motion in part, stating that the prosecution should avoid duplicates and narrow down the number of photos they plan to use. He stated that there is a balance between probative value and introducing potential prejudicial material.

Judge Okun will review officer worn body camera footage of Howard before trial resumes on Oct. 22.

Error in Competency Order Delays Stabbing Hearing

A stabbing defendant’s preliminary hearing on Oct. 22 was delayed once again following an error in a mental observation order created by DC Superior Court Judge Heidi Herrmann.

Dayon Pratt, 31, is charged with aggravated assault knowingly while armed for his alleged involvement in a stabbing on Oct. 16 on the 4600 block of Nannie Helen Burroughs Avenue, NE.

According to court documents, Pratt, while staying at a relative’s home, allegedly stabbed his relative’s significant other after displaying erratic behavior.

Judge Herrmann acknowledged an error with the date for the forensic order, which led defense attorney Darryl Daniels II to request a new mental competency hearing.

The mental competency hearing is now set for Oct. 25.

Shooting Defendant Sentenced to 14 Months

DC Superior Court Judge Heidi Pasichow sentenced a shooting defendant to 14 months on Oct. 22.

On Aug. 6, James Guillory, 24, pleaded guilty to assault with significant bodily injury and carrying a pistol without a license outside of their home or business for his involvement in a shooting on the 4600 block of Hillside Road, SE on June 15, 2023. Two individuals sustained injuries.

According to court documents, Guillory shot a male in the right thigh and a female on her nose. Both individuals were neighbors of Guillory.

Guillory’s attorney, Vasha Govindaraju, claimed that one of the victims approached one of Guillory’s family members with a knife, prompting Guillory to react violently.

Prosecution asked for a 14 month sentence for both charges and that they run concurrently. They also requested he be sentenced to three years of supervised release.

Govindaraju asked for a short-split sentence, meaning he would spend more time on probation than in jail, as Guillory had previously served a 24 month sentence to a prior case. His attorney spoke about his childhood and how it was traumatic, leading Guillory to be in a state of hypervigilance and to have post-traumatic stress disorder (PTSD).

Govindaraju mentioned that once Guillory is released, he will begin individual trauma therapy, according to a representative from the Office of Rehabilitation Services.

Guillory gave a brief statement in which he apologized to his family, the victims, and his community. He said “…given another chance, I guarantee the court will never see me again.”

Judge Pasichow spoke about his past criminal history, making it a concern to the Court. Guillory has had prior charges involving weapons, domestic violence, and assault.

Guillory was sentenced to 14 months for both charges to run concurrent, three years of supervised release. He will need to register as a gun offender for an additional two years and maintain employment, refrain from substances, and stay away from the victims and victims’ families.

Stabbing Trial Delayed After Witness Fails to Appear

A stabbing defendant’s trial was delayed due to a witness’ not appearing before DC Superior Court Judge Heidi Pasichow on Oct. 22.

Charlotte Norris, 40, is charged with second-degree burglary and assault with a dangerous weapon for her alleged involvement in a stabbing on the 2100 block of 1st Street, SW on Aug. 18, 2023. One person sustained injuries.

Trial was set for opening statements on Oct. 22, but once called, the prosecution stated they needed to speak to Judge Pasichow privately.

After the discussion, the prosecution stated that they were not ready to proceed with the trial due to a key witness not appearing at the designated time. That may lead to a subpoena.

Norris’ attorney, Claudine Harrison, motioned for the case to be dismissed, but the request was quickly denied by Judge Pasichow. She stated they could discuss the motion at a later date if the witness issue continues.

Parties will reconvene on Oct. 23.