Judge Grants Other Carjacking Defendant’s Request for Release

A carjacking defendant’s request for release was granted by DC Superior Court Judge Jennifer Di Toro on Oct. 8.

Darryl Butler, 19, and Julan Byrd, 17, are charged with armed carjacking and possession of a firearm during a crime of violence for their alleged involvement in a carjacking on Sept. 1 on the 5500 block of Jay Street, NE.

Byrd also faces a robbery while armed charge in connection to the incident. He is charged as an adult under Title 16.

Butler’s attorney, Wole Falodun, filed a motion for a bond review requesting Butler be released to home confinement and GPS monitoring, like Byrd. According to Falodun, Butler’s lack of a criminal record, and his desire to continue his studies, suggest he should be released to the community as he awaits further proceedings.

Byrd was granted release to home confinement and monitoring on Oct. 4. Judge Di Toro also granted Butler’s request to be in 24 hour home confinement with GPS monitoring.

Parties will reconvene on Nov. 13.

DNA Links Homicide Victim’s Blood in Rental Car to Defendant

An expert in DNA analysis testified that blood found in a rental car linked to a homicide defendant is very likely to belong to the victim during a jury trial before DC Superior Court Judge Robert Okun on Oct. 7.

Dennis Chase, 31, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm while armed, for his alleged involvement in the fatal shooting of 30-year-old Anthony Orr. The incident occurred on Dec. 7, 2020, on the 400 block of Xenia Street, SE.

The prosecution called a forensic DNA analyst as a witness who testified about the results of the DNA tests on items recovered from the incident.

Swabs of blood recovered from a red Kia K5 rental car linked to Chase were tested and the swabs had an extremely high likelihood of belonging to Orr.

The DNA recovered from a water bottle found in the car was found to likely belong to Chase.

Further swabs from different areas of the car found that there’s a high likelihood that Chase was in contact with the driver’s side of the car and Orr was in contact with the passenger side of the car.

The prosecution also called the medical examiner who performed the autopsy on Orr.

She testified that Orr sustained a gunshot wound to the head and that the gun was a few inches to a foot from Orr’s head when it was fired.

She also found fractures to the teeth and scratches on the head and hands, which are consistent with terminal collapse or rapid heart failure.

The medical examiner confirmed that it was possible that the gunshot wound was consistent with someone in the driver’s seat shooting Orr, and that the injuries to the teeth and body could have been from being pushed out of a car.

Trial will resume on Oct. 8.

Relative Testifies Homicide Defendant Confessed to The Crime

A homicide defendant’s relative testified that he heard one suspect in the case confess that he shot the victim in a trial before DC Superior Court Judge Marisa Demeo on Oct. 4.

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. The court ruled that investigators had searched beyond what was legally allowed.

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 to redact testimony from Burns’ first trial.

According to the prosecution, Burns and Allen are cousins.

A witness, who testified he is Allen’s brother and Burns’ cousin, said he had spent time with Burns around the time of the incident, alleging that Burns told him he shot Osuchukwu less than a day after the killing.

The witness testified that Burns helped Osuchukwu deliver drugs, resulting in an argument because Osuchukwu did not “give him [Burns] his cut.”

A week before the shooting the witness said he spoke with Burns, asking Burns not to harm the victim and to talk to him before doing anything. The witness testified that Burns said he would speak with Osuchukwu.

The witness testified that, on Nov. 15, Burns told him he shot Osuchukwu after the victim charged at him. According to the witness, Burns also revealed that Osuchukwu had pleaded with him, saying, “Don’t do it!”

Describing Burns’ behavior after the shooting, the witness testified that Burns was “mentally messed up” in the days following, carrying a gun with him at all times.

The prosecution also called a detective who was with the homicide unit at the time of the incident.

The detective testified that on Nov. 19, he received an anonymous phone call on the department’s homicide line, during which a male voice alleged that Burns had shot Osuchukwu. The detective testified the phone call helped lead to Burns becoming a suspect.

Parties are slated to reconvene Oct. 8.

Defendant Challenges Mental Incompetence Finding, Requests Outside Opinion

Michael Burke, 45, through his attorney Thomas Healy, told the court on Oct.7 he wants to challenge a finding of incompetency and hire outside experts to prove he is mentally competent to stand trial.

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.

Healy told DC Superior Court Judge Jason Park he finds Burke to be competent and engaged in helping with his case. Healy has contacted four experts to schedule a new evaluation.

The next hearing is scheduled for Nov. 12.

2010 Homicide Defendant Requests Release to Resolve Maryland Charges

Defense attorney Mani Golzari asked DC Superior Court Judge Anthony Epstein on Oct. 7 to release his client, Kavon Young, from DC Jail so Young can address a fugitive case pending against him in Maryland.

Young, 34, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of John Pernell, 66, on July 3, 2010, on the 3000 block of Nelson Place, SE.

Golzari suggested Judge Epstein could order Young back into custody a month before his trial, which is scheduled for April 7, 2025, but the prosecutor objected.

“[Young] will be in custody of a separate sovereign and we can’t necessarily get him back,” the prosecutor said.

Judge Epstein said it should be possible for Young to resolve the Maryland charges against him while waiting for trial, since he has succeeded in addressing federal charges against him during his time in DC custody.

“There is another mechanism to do this, which is for Maryland to submit a writ,” the prosecutor said. “The court wouldn’t have to release the hold in that case.”

Golzari said the defense is willing to accept any pathway to addressing the Maryland case.

“Our goal in all this is just for Mr. Young to put this all behind him,” Golzari said.

Judge Epstein asked parties to submit written motions explaining how they propose to deal with Young’s Maryland charges.

Golzari said he has subpoenaed evidence relevant to Young’s case from the Federal Bureau of Investigation (FBI), which has two weeks to decide whether to turn over the materials or oppose the subpoena in federal court.

Judge Epstein set a hearing in a month for Golzari to update him on how that process is going. He said he’ll move the hearing date up if Golzari has progress to report sooner.

According to court documents, witnesses of Pernell’s murder said three-to-five men with guns stole wallets and phones from attendees at a cookout and pistol-whipped at least one of them. A witness said Pernell was shot after trying to take a gun away from one of the robbers.

Young was 19 years old at the time of the incident. More than nine years went by before police charged him with the murder after a DNA test linked him to biological evidence from the victim’s autopsy.

Parties are next scheduled to convene on Oct. 16.

Good Samaritan or Accomplice? Closings Clash in a Carjacking Trial

The prosecution argued Michael V. Robinson conspired to aid a carjacking, while the defense claimed he was merely trying to help during closing arguments before DC Superior Court Judge Judith Pipe on Oct. 7.

Robinson, 39, is charged with unarmed carjacking and two counts of robbery for his alleged involvement in a carjacking on May 26, 2024, on the 3000 block of Georgia Avenue NW.

After a driver hit a cyclist, court documents state, Robinson intervened, saying he was trying to help the cyclist. The cyclist, still unidentified, attacked the driver and drove off with his vehicle.

Robinson admitted during cross-examination that he previously pleaded guilty to charges of destruction of property, attempted theft, prison breach, and distributing liquid PCP.

The prosecution argued the defendant and the cyclist knew each other and created the incident to steal the victim’s car. The prosecutor cited a statement the victim alleged Robinson made during the incident, saying, “You can’t hit my little cousin.”

Robinson said he and the biker are not actually blood related.

The prosecution showed video footage from a bus behind the carjacking to demonstrate there was no dispute a violent robbery occurred and Robinson was there.

Robinson’s defense attorney, Martin V. Rosendorf, argued Robinson’s intentions were to check on the cyclist and mediate the situation.

Robinson said on the stand that he opened the victim’s car door to ask about insurance information.

Rosendorf added that there were no fighting gestures and Robinson did not expect the cyclist to steal the automobile.

Rosendorf said the prosecution’s whole case is based on the existence of an unsupported conspiracy.

Parties will reconvene when a verdict is reached.

Judge to Rule on Suppression of ‘Poisonous Tree’ Evidence in First-Degree Murder Case

DC Superior Court Judge Robert Okun delayed ruling on a motion to suppress evidence in a murder case on Oct. 4.

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.

At the motion hearing, defense attorney Daniel Kovler argued to suppress an interview conducted by the lead detective on the case, and information from Peterson’s phone from trial, claiming the detective violated Peterson’s Miranda rights.for failing to inform Peterson of his right to an attorney and remain silent to avoid self-incrimination.

The prosecution called the lead detective in Peterson’s case as the main witness to show that Peterson was not in custody, and therefore no Miranda rights were violated.

Attorney Kovler cross examined the detective, stating that the conditions of the interview created an environment that led Peterson to believe he was in custody including that the detective was holding on to his car, and that the detective told Peterson he needed to speak with the police to get his car back.

Kovler noted the detective didn’t let Peterson leave, but said he could be late to an appointment at 1 p.m., telling him that he’ll write an excuse note.

Kovler also said that Peterson’s phone, which was taken to be searched during the interview, is not allowed to be used in court, because the unlawful interview led to the searching of his phone.

“It’s the fruit of the poisonous tree,” Kovler stated.

Judge Okun said that he will rule on the motion and issue a written order by the end of the next week.

Peterson’s trial is scheduled for Oct. 21.

Judge Tells Absent Carjacking Suspect, ‘That’s Why You Have Two Feet,’ Urging Appearance For Drug Testing

DC Superior Court Judge Erik Christian gave a defendant a strict reminder to attend drug tests as part of his conditions of pretrial release in an Oct. 7 hearing.

Richard Bates, 17, is charged with armed carjacking, robbery while armed, assault with a dangerous weapon, and three counts of possession of firearm during crime of violence while armed. The charges stem from his alleged involvement in a carjacking on the 1600 block of Frankford Street, SE, which occurred on Sept. 13, 2023. One individual sustained injuries to the head.

According to court documents, the carjacking occurred while the victim was retrieving items from his car. Two armed suspects exited a white sedan and demanded the victim’s belongings. One suspect allegedly struck the victim on the head with a firearm. As the victim walked away, one suspect re-entered their vehicle, while the other fled in the victim’s car.

Christen Philips, Bates’ attorney, informed the court that the prosecution was in a position to extend a plea offer. She sent the prosecution a proposal for their consideration and asked for more time to try to resolve the case.

The prosecution alerted the court of Bates’ notices of non-compliance, specifically regarding missed drug tests.

Bates explained his absences were due to illness and transportation issues. On one occasion, he said he was turned down when he tried to reschedule.

“That’s why you have two feet,” Judge Christian responded to Bates. He emphasized the importance of attending even if it meant walking to the facility.

Parties are slated to reconvene Oct. 28.

Judge Rules on Trial Motions to Dismiss Carjacking Charges

During a hearing on Oct. 4, DC Superior Court Judge Errol Arthur initially ruled on motions for acquittal of several charges facing two armed carjacking defendants.

Gregory Patterson, 41, and Jimmy Johnson, 43, are charged with armed carjacking, three counts of possession of a firearm during a crime of violence, and robbery while armed for their alleged involvement in a carjacking that occurred on the 1600 block of Kenilworth Avenue, NE on July 11, 2023.

Johnson faces additional charges of unlawful possession of a firearm by a convict, possession of an unregistered firearm, and unlawful possession of ammunition. The enhanced charges stem from his alleged possession of these items during his arrest on March 28 on the 4000 block of Ponds Street, NE.

Judge Arthur’s ruling pertains to the charges of armed carjacking, three counts of possession of a firearm during a crime of violence, and robbery while armed.

Judge Arthur denied the motion to dismiss charges for Patterson but granted the motion to dismiss counts for Johnson.

Regarding Patterson, Judge Arthur cited the victim’s testimony during trial and on CCTV footage, which the judge said corroborated that Patterson struck the victim and pointed a firearm at him.

Judge Arthur found Johnson did not strike the victim. During trial, the victim testified that Johnson did not strike him and that Johnson attempted to get the other suspects to stop.

The prosecution asked that Judge Arthur reconsider his ruling and let the jury decide whether Johnson is guilty. They cited a portion of the video where a man wearing similar shoes to Johnson’s appears to strike the victim.

The prosecution argued that while Johnson tried to prevent the robbery from turning into a homicide he did not try to prevent the robbery or assault.

Judge Arthur decided to take another look at the video and decide whether to confirm his ruling or not.

Parties will reconvene on Oct. 7.

Document: MPD Arrests Northeast Stabbing Suspect

The Metropolitan Police Department (MPD) announced the arrest of 38-year-old Jeremiah Hall, who is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that took place on Oct. 6 on the 1500 block of Benning Road, NE.

Upon responding to the reports of the stabbing, officers discovered the victim who was suffering from non-life-threatening stab wounds and was subsequently transported to a local hospital for treatment.

Inpatient Treatment OK’d For Non-Compliant Stabbing Defendant

DC Superior Court Judge Jennifer Di Toro filed a bed-to-bed order to admit a stabbing defendant to mandatory inpatient drug treatment after he was found non-compliant with the conditions of his release on Oct. 7.

Billy M.Williams, 68, is charged with assault with a dangerous weapon, assault with significant bodily injury, threat to kidnap or injure a person, and aggressive panhandling. These charges are in connection to a stabbing on Dec. 7, 2023, at Rock Creek and Potomac Parkway, NW, and Virginia Avenue, NW. He was released on Jan. 9, 2024, on condition that he check in with the court weekly.

Williams was issued a bench warrant on Jan. 16, 2024, on charges of failure to appear for a felony arraignment hearing and assault with a dangerous weapon. On July 12, 2024, his release conditions were changed, requiring weekly urinalysis check-ins and consistent group sessions.

A second warrant was issued on Sept. 24 for failure to appear for a pretrial show cause hearing and assault with a dangerous weapon (knife), and an added charge of assault with a significant bodily injury.

On Oct. 7, Pretrial Services Agency (PSA) recommended revocation of release. PSA said Williams has been non-compliant with drug tests, phone check-ins, and his curfew of 5:00 pm to 6:00 am.

Defense attorney Henry Escoto requested inpatient treatment for Williams, and PSA recommended 60 days of placement.

Judge Di Toro granted a bed-to-bed order requiring Williams to return to jail to be handed to residential services and placed back on GPS monitoring.

Parties are scheduled to reconvene on Oct. 18.

Document: MPD Investigating Fatal Crash in Northwest

The Metropolitan Police Department (MPD) announced the arrest of 27-year-old Nicholas Williams, who is charged with driving under the influence and no permit, for his alleged involvement in a fatal crash that caused the death of 18-year-old Devin Clark. The incident took place on Sept. 29 on the intersection of 13th and R Street, NW. Upon responding to reports of a fatal crash, officers discovered Clark, who was pronounced dead on the scene.

Non-Fatal Stabbing Defendant Waives DNA Testing

A defendant waived his right to independently test DNA evidence recovered at the crime scene in his non-fatal stabbing case before DC Superior Court Judge Rainey Brandt on Oct. 7.

Jeremiah Smalls, 31, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed and assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on the 1700 block of T Street, SE, on April 7, 2023.

According to court documents, Smalls was let into the victim’s home before allegedly pushing the victim against a wall and threatening to stab and kill him. He then took the victim into a back bedroom before running out of the apartment.

At the hearing, the prosecution alerted Judge Brandt that they plan to test evidence found at the crime scene, including a blood-stained t-shirt.

Terrence Austin, Smalls’ attorney, alerted the court that the defense does not plan to test the evidence, and the defendant waived his right to test.

Austin requested an additional week to file motions regarding additional evidence. Judge Brandt approved this request, granting the defense until Oct. 15.

Parties are expected to reconvene Nov. 8 for a motions hearing.

Prosecution Pulls Plea Offer in Stabbing Case

In a preliminary hearing before DC Superior Court Judge Renee Raymond on Oct. 7, the prosecution revoked its plea offer to Daquan Session when his defense attorney, Bryan Bookhard, refused to “toll,” or extend a filing deadline for the prosecution.

Session, 30, is charged with assault with a dangerous weapon for his alleged involvement in an April 29 stabbing that occurred on the 1300 block of 7th Street, NW. The victim was located on the 600 block of M St, NW.

Bookhard argued for Session to be released and have a stay-away order from the victim rescinded. Bookhard cited Session’s limited criminal history and the multiple months before his arrest in October when Session and the victim were able to interact without issue.

The prosecution opposed the request, saying the victim had reported violence from Session prior to the stabbing incident.

“If he is released, this victim would not be safe,” the prosecutor said.

Judge Raymond denied release and invoked the stay away order.

When Bookhard requested a status hearing in two weeks, the prosecution asked if he would be “tolling,” that is, giving the prosecution more time to indict Session. Bookhard answered no, despite the prosecution’s intent to rescind the pending plea offer.

The offer would have required Session to plead guilty to assault with a dangerous weapon in return for the prosecution’s dismissing any other charges, not indicting on additional charges, and a cap on the sentence at the bottom third of guidelines.

Parties are set to reconvene on Oct. 21.

Document: MPD Investigating Northwest Homicide

The Metropolitan Police Department (MPD) is investigating the fatal shooting of 43-year-old Tiara Thompson, which occurred on Oct. 2, on the 700 block of N Street, NW. Despite immediate assistance and transportation to an area hospital, Thompson succumbed to her injuries on Oct. 5.

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