Defense Asks to Dismiss Non-Fatal Shooting Case, Alleging ‘Vindictive Prosecution’

Molly Bunke, Amonte Moody‘s defense attorney, argued Moody’s case should be dismissed because of prosecutorial misconduct. The argument took place during Moody’s arraignment before DC Superior Court Judge Anthony Epstein on Oct. 4.

Moody, 18, is charged with four counts of assault with intent to kill while armed, four counts of assault with a dangerous weapon, and eight counts of possession of a firearm during a crime of violence for his alleged involvement in a shooting on April 22 on the 1700 block of Independence Avenue, SE. No injuries were reported.

Court documents state surveillance video footage showed an individual identified as Moody shooting at a black SUV as it drove away. Metropolitan Police Department (MPD) officers reported finding 26 shell casings at the scene.

Moody pleaded not guilty to all charges, and Bunke asserted his constitutional rights, including the right to a speedy trial.

Bunke said the prosecutor misled her during a phone call on Aug. 8 in which they discussed the charges the prosecution would bring against Moody if he didn’t accept the plea deal that was being offered at the time.

D.C. Witness previously reported the deal would have required Moody plead guilty to four counts of assault with a dangerous weapon and carrying a pistol without a license in return for the prosecution’s not seeking an indictment on greater charges.

According to Bunke, she told the prosecutor she would need to advise Moody on the plea deal if there was a possibility he would be indicted with assault with intent to kill (AWIK) because her co-counsel, Kavya Naini, wasn’t certified by the Public Defender Service (PDS) for advising clients on that charge.

If an AWIK charge was possible, the deadline for accepting or rejecting the plea offer would need to be extended, Bunke said she told the prosecutor, because she didn’t have time to visit Moody at DC Jail before the existing deadline.

“Did Ms. Bunke make clear that she would need to go to the jail if there was even a possibility of AWIK charges?” Judge Epstein asked the prosecutor.

“I think that’s a fair interpretation of what Ms. Bunke said,” the prosecutor replied.

Judge Epstein asked the prosecutor what he told Bunke would happen if Moody rejected the plea deal.

“That we would be indicting on ADW [assault with a deadly weapon] and PFCOV [possession of a firearm during a crime of violence],” the prosecutor said.

“Did you say, ‘Not AWIK’?” Judge Epstein asked.

“Yes,” said the prosecutor.

“Why didn’t you say, ‘It’s ADW and PFCOV, but there’s a possibility of AWIK?” Judge Epstein asked.

“I thought there was already an understanding baked into the conversation about how this process works,” the prosecutor said. He said Bunke should have known from past experience that the supervisors in the US Attorney’s Office (USAO), not the prosecutors who appear in the courtroom, have final authority over deciding what the charges will be.

“[Moody] says he detrimentally relied on the [prosecution’s] promise.” Judge Epstein said to Bunke. “Does that mean that, if Mr. Moody had known AWIKs were on the table, he would have accepted the [prosecution’s] offer?”

Bunke said she didn’t know the answer “because that conversation didn’t occur.”

Judge Epstein asked if it would be an adequate remedy for the prosecution to extend the same plea offer to Moody now, but Bunke said no.

“That would not be offering any kind of deterrence and would really be giving them a win,” Bunke said. “There’s vindictive prosecution here,” she said arguing for dismissal.

Bunke asked for an evidentiary hearing so the court could scrutinize the prosecution’s statements in phone calls, emails and written filings.

“This is not a unique instance of misrepresentation. This is one of many,” Bunke said.

Even if everything Bunke alleged was true, Judge Epstein said, “It’s not clear to me that the [prosecution] would be precluded from saying, ‘We’ve changed our minds.'”

Judge Epstein gave Bunke until Oct. 18 to submit a supplemental filing addressing that issue.

“I think the odds are very low that I would dismiss the case as a whole,” Judge Epstein said. “If there is a remedy, I think I would dismiss the AWIK charges, at the most.”

Judge Epstein noted Bunke had filed motions to release Moody and to suppress evidence the prosecution planned to present in trial. The prosecution had filed oppositions to those motions.

Judge Epstein gave Bunke additional time to reply in writing to the prosecution’s arguments.

Bunke asked Judge Epstein to hold an evidentiary hearing, requiring the prosecution to call witnesses to defend their claim that a single search warrant authorized multiple searches of Moody’s property.

Judge Epstein said he may hold an evidentiary hearing next time parties convene, depending on what he reads in the written filings for that motion.

The next hearing in this case is scheduled for Nov. 25.

Stabbing Defendant Receives Non-Compliance Warning

A non-fatal stabbing defendant was warned about non-compliance with her release requirements before DC Superior Court Judge Heidi Pasichow on Oct. 4.

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

During the hearing, a representative from Pretrial Services Agency (PSA) informed the court that Norris was not complying with their treatment and release conditions. According to the representative, the defendant missed the whole month of September in her treatment program.

The representative also alerted Judge Pasichow that Norris continuously tested positive for drugs, including methamphetamines and cocaine.

Norris’ attorney, Claudine Harrison, told the courts about a medication that could have potentially marked her drug tests as positive — no proof of prescription was provided.

Norris’ caseworker was also present, and said Norris will be attending a residential treatment program which should last around 30 days.

Judge Pasichow stated that excuses can’t be tolerated and that residential treatment is the last resort.

Trial to begin on Oct. 22.

Homicides Rise in DC From August to September

According to D.C. Witness data, as of Oct. 2, there were 17 homicide incidents and 19 homicide victims in the District in September. The Metropolitan Police Department (MPD) has announced one arrest made in relation to homicides that occurred during the month.

D.C. Witness found that there was a 55 percent increase in homicides compared to August, which had 11 homicide incidents.

There also was an increase in shooting victims, although not as significant. Compared to the 15 victims in August, there is a 27 percent increase.

According to the MPD, Bryant Nelson, 32, was arrested on Sept. 11, and charged with first-degree murder while armed for his alleged involvement in the Sept. 2 homicide of Townsend Reginald Sowell, 46. The incident occurred on the 2800 block of 7th Street NE.

Of the reported cases, there was one officer-involved shooting that occurred on the 2500 block of Marion Barry Avenue, SE on Sept. 1. According to MPD documents, the incident occurred at the scene of a car accident after an injured individual allegedly pulled his gun on officers and ignored instructions to put the weapon down.

Officers shot the suspect, 26-year-old Justin Robinson, who died from his injuries.

Police have not made any arrests for the remaining 15 homicide incidents. The MPD is offering a reward for information on any unsolved cases.

Judge Denies Defendant’s Release After Accepting Plea Deal

A stabbing defendant accepted a plea deal extended by prosecutors on Oct. 3, before DC Superior Court Judge Heidi Pasichow.

Junae Roberson, 37, was originally charged with assault with a dangerous weapon and assault with significant bodily injury while armed for her involvement in a stabbing on the 4000 block of 3rd Street, SE that occurred on July 20. One individual, Roberson’s sister, sustained injuries.

According to court documents, Roberson and the victim were in a dispute that led to the stabbing.

However, Roberson contends that a verbal argument ensued with a group of women down the street, and it was one of those women who actually stabbed the victim. After they returned home, Roberson began to dress the victim’s wound, but an argument ensued over money that Roberson had taken from the victim’s pocket. It was during that confrontation that the victim left the house and called the police.

During the hearing, Matthew Davies, Roberson’s attorney, alerted the court of her intent to accept a plea offer extended by the prosecution. The deal, according to Davies, required Roberson to plead guilty to assault with a dangerous weapon, in exchange for the prosecution’s not seeking an indictment.

Davies requested Roberson’s release, noting that she had a safe place to stay with her family if granted.

The prosecution countered by highlighting the violent nature of the crime, revealing that the victim was her sister, and that it was potentially unsafe to release her.

Judge Pasichow agreed and denied the request.

Parties are slated to reconvene on Oct. 21.

Stabbing Defendant Accepts Plea Deal

A defendant accepted a plea deal before DC Superior Court Judge Heidi Pasichow on Oct. 4.

William Brock, 33, was originally charged with assault with a dangerous weapon for his involvement in stabbing an inmate at the DC Jail on March 30 on the 1900 block of D Street SE.

During the hearing, Terrence Austin, Brock’s attorney, informed the court Brock would be pleading guilty to simple assault in exchange for the prosecution’s not seeking an indictment.

Brock also pled guilty to unlawful possession of a contraband — for possessing a sharp metal object at the DC Jail.

Parties will reconvene on Nov. 12 for sentencing.

Judge Denies Acquittal Motion For Stabbing Defendant

DC Superior Court Judge Andrea Hertzfeld denied a motion of acquittal in a stabbing defendant’s trial on Oct 3.

Jose Garcia Fuentes, 43, is charged with assault with a dangerous weapon and simple assault, for his alleged role in a stabbing incident that transpired on April 24 on the 4400 block of 14th Street, NW. One person sustained lacerations to their hand and face.

According to court documents, an individual identified as Fuentes entered a restaurant and started an unprovoked fight with another patron. After the suspect kicked the patron, the complainant stepped in to defuse the situation. As events unfolded, the suspect produced a knife and allegedly slashed the victim’s face and hand. After a struggle, the suspect escaped.

During the hearing, Henry Escoto, Fuentes’ attorney, filed a motion for judgment of acquittal, arguing the prosecution failed to meet their burden of proof.

Judge Hertzfeld sided with the prosecution, stating that a reasonable individual could find Fuestes guilty beyond a reasonable doubt.

The prosecutor also called a detective from the Metropolitan Police Department(MPD) to the stand, who testified that he located the knife that was used in the attack.

The MPD detective stated that no DNA evidence was obtained from the knife, which was 18 inches in length. He said that the knife could have been anyone’s, and no evidence necessarily pointed to Fuentes.

After the prosecution rested, the defense called on Fuentes’ co-worker, who was present during the incident, but testified she didn’t watch or hear it happen because she was not nearby.

She added that, following the incident, Fuentes had black eyes and missed work for four days.

During closing arguments, the prosecution insisted that the surveillance footage showed all the facts of the case. They argued that Fuentes acted with malicious intent, and urged the jury to convict him of both charges.

However, Escoto argued that there is no evidence that the knife used was Fuentes’, and claimed that, because the incident occurred inside of a restaurant, the jury could infer that the knife was from the establishment.

Escoto further argued Fuentes acted in self-defense, saying he thought his life was in danger and only pulled the knife after being shoved and beaten.

Parties are set to return when the jury renders a verdict.

Mental Eval Delays Sentencing For Teen High School Shooter

DC Superior Court Judge Errol Arthur accepted a motion to continue the sentencing of a shooting defendant to allow for further evaluation regarding his mental health during a hearing on Oct. 4.

On June 21, Jonathan Johnson, 20, pleaded guilty to assault with a dangerous weapon, carrying a pistol without a license outside a home or business, and unauthorized use of a motor vehicle for his involvement in a shooting that occurred on May 17, 2023 at Woodson High School at the 5300 block of Nannie Helen Burroughs Avenue, NE. The incident caused a fellow Woodson student to suffer non-life threatening injuries.

Johnson’s attorney, Edward Gain, alerted the court that Johnson was recently approved to work with a social worker following mental health evaluations. While Johnson was found competent and is not disputing his competency, it was noted that further evaluation with a social worker was necessary to provide information relevant to sentencing.

The prosecution did not object to the defense’s request for continuance, and Judge Arthur granted the motion.

Parties are set to reconvene on Feb. 7.

Defendant Rejects Global Plea in Homicide, Conspiracy Case

On Oct. 4, a homicide defendant rejected a global plea deal that would have required him to serve 56 years in prison, before DC Superior Court Judge Rainey Brandt.

Reginald Steele, 24, and 27-year-old Aaron Brown are two of five individuals charged with conspiracy, first-degree murder while armed, assault with the intent to kill while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020, on the 600 block of S Street, NW. Another juvenile sustained injuries after suffering a gunshot wound to the leg.

The incident also involved Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 22. Judge Brandt sentenced the individuals to 164 years, 108 years, and 108.5 years of incarceration, respectively, on Sept. 13 and Sept. 19.

The rejected global plea offer would resolve three of Steele’s cases and would have required him to plead guilty to second-degree murder while armed, assault with intent to kill while armed, and two counts of assault with a dangerous weapon for the Lukes’ incident.

In 2021, Steele was also allegedly involved in a jail stabbing. If he accepted the plea, he would have been required to plead guilty to assault with a deadly weapon in connection to the stabbing. All other charges for other incidents would have been dismissed.

Megan Allburn, the defense attorney for Steele, informed Judge Brandt that Steele was rejecting the deal, and asserted his right to a speedy trial.

The prosecution made a motion to recombine the trial for Steele and Brown, who were previously severed.

However, the motion was decided, as parties in the Brown case are still in plea negotiations. Brown will be required to make a decision on the plea deal at his next hearing.

Parties set a trial date in February 2025 for Steele’s stabbing case.

All parties will reconvene on Oct. 15.

Mental Exam Ordered For Possible Insanity Plea in Shooting

On Oct. 4, DC Superior Court Judge Raffinan ordered a criminal responsibility exam for a stabbing defendant regarding a possible insanity defense.

Sherman Holley, 46, is charged with premeditated first-degree murder while armed, carrying a pistol without a license outside a home or business, arson, destruction of property of $1000 or or more, resisting arrest and assault on a police officer, all offenses committed during release, for his alleged involvement in the fatal shooting of 53-year-old James Brooks. The incident occurred on Jan. 15, 2023 on the 200 block of 37th Street, SE.

Defense attorney, Megan Allburn, alerted the court she wants a criminal responsibility exam to determine if Holley understood his actions and whether they were morally acceptable as relates to the charge of arson, but she is also looking to sever the arson charge from the homicide count.

Court is set to reconvene Dec. 17.

Court Delays Stabbing Indictment

On Oct.4, DC Superior Court Judge Raffinan granted a prosecutor’s request to extend the indictment deadline for a stabbing case.

Marquita Holloman, 35, is charged with assault with intent to kill while armed and assault with a dangerous weapon for her alleged involvement in a stabbing incident that occurred on Sept. 13, 2023 on the 2400 block of Martin Luther King Jr. Avenue, SE. The incident injured two individuals, one losing an eye.

During the hearing, the prosecution filed a motion to extend the indictment deadline because the key witness was unavailable. According to the prosecutor, the witness was present during the assault and is a friend of the defendant’s.

Susan Ellis, Holloman’s attorney, argued against the motion stating that the prosecution’s had enough to produce the witness.

Nonetheless, Judge Raffinan granted the prosecution’s request.

Ellis also requested to remove Holloman’s GPS monitor. Judge Raffinan denied the request, citing the nature of the crime.

Court is set to reconvene on Nov. 7.

Judge Denies Shooting Defendant’s Request for Release

On Sept. 30, DC Superior Court Judge Jason Park denied a motion for release extended by the defense in a shooting incident.

Tyquan Wiggins, 19, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a shooting on May 30, 2023, on the 400 block of N Street, NW. An individual sustained a gunshot wound.

Destiny Fullwood-Singh, Wiggins’ former defense attorney filed a motion for a bond review on Sept. 23, requesting he be released to home confinement at his mother’s residence. In the motion, Fullwood-Singh cited Wiggins’ community ties, family, and employment history as reasons he should be released.

The prosecution opposed this, arguing surveillance footage depicts Wiggins’ involvement in a serious crime, and the danger he poses to the community. According to the prosecution, the videos show Wiggins inside a market with a firearm, a closeup video that identifies an individual said to be the defendant, and outside of the market where the shooting took place.

Judge Park sided with the prosecution, and denied the release motion, citing the safety of the community.

Parties are scheduled to return on Oct. 18.

Shooting Defendant Rejects Plea Offer

On Oct. 4, a shooting defendant rejected a plea deal before DC Superior Court Judge Raffinan.

Nathaniel Arce-Washington, 29, is charged with two counts of assault with intent to kill while armed, eight counts of possession of a firearm during a crime of violence, two counts of aggravated assault knowingly while armed, two counts of assault with significant bodily injury while armed, two counts of assault with a dangerous weapon and carrying a pistol without a license. The counts stem from his alleged involvement in a shooting that occurred on Oct. 9, 2023, in the 1200 block of Queen Street, NE.

According to court documents, an individual, later identified as Arce-Washington, shot ten times, seriously wounding two individuals. One of these individuals is paralyzed from the neck down due to the injuries they sustained.

The prosecution said if the defendant pleaded guilty to one count of aggravated assault while armed, carrying a pistol without a license, and aggravated assault, other charges would be dismissed.

The defendant rejected the plea deal. The defense had previously presented a counter offer of misdemeanor charges, but the prosecution had rejected it.

Court is set to reconvene on Feb. 11.

Judge Amends Release Conditions For Shooting Defendant

On Oct. 2, DC Superior Court Judge Andrea Hertzfeld amended release conditions to give a shooting defendant an opportunity to find a job.

Edwin Sorto, 32, is charged with two counts of robbery while armed and two counts of possession of a firearm during a crime of violence for his alleged involvement in an armed robbery-turned shooting on Sept. 26, 2023, on the 2800 block of Robinson Place, SE.

According to court documents, an individual identified as Sorto threatened the victim, who was in a car, to lower the windows or he would kill him. After the victim complied, the suspect allegedly attempted to hit him with the bottom of a gun, and warned him again he would kill him if went to the police. Feeling threatened, the victim sped off, and the suspect allegedly fired multiple gun shots that hit the victim’s rearview mirror.

During the hearing, Sortos’ defense attorney, Patrick Nowak, requested the judge amend the defendant’s release conditions. Based on Sorto’s new job as an Uber Eats driver, Nowak argued he needed more flexible hours to be able to work.

Additionally, Nowak argued Sorto had been abiding by other release conditions and working with mental health consultants.

Judge Hertzfeld granted the request, and amended his release conditions.

Parties will reconvene on April 7.

Judge Gives Shooter Suspended Sentence

On Oct. 3, DC Superior Court Judge Heidi Pasichow sentenced a shooting defendant to 12 months, with all of it suspended, and a year of probation.

On Aug. 1, Keith Green, 43, pleaded guilty to endangerment with a firearm, for his involvement in a shooting on March 26 on the 4100 block of Alabama Avenue, SE.

According to court documents, Green fired multiple shots at an individual who was allegedly trying to break into his car. No injuries were reported.

During sentencing, the prosecution asked for a 12 month sentence, with one year of probation, and three years of supervised release. They argued this was the necessary sentence based on the severity of the firearm discharge, and the possibility of people being injured during the incident.

Chantal Jean-Baptiste, Green’s attorney, requested a one month sentence, arguing Green is an upstanding citizen, and has many community ties including a family, and employment as a business owner.

Additionally, Jean-Baptiste thought a probationary period would also be appropriate.

Judge Pasichow sided with the prosecution on the term, and sentenced Green to 12 months, however, with all of it suspended, and one year of probation. Additionally, she ordered a mental health screening centering around Green’s anger issues.

No further dates were set in this case.

Stabbing Victim Testifies He Was Trying to Protect Others

A jury in DC Superior Court Judge Andrea Hertzfeld’s courtroom heard opening statements and testimony from a stabbing victim on Oct. 2.

Jose Garcia Fuentes, 43, is charged with assault with a dangerous weapon and simple assault for his alleged role in a stabbing incident that transpired on April 24 on the 4400 block of 14th Street, NW. One person sustained cuts to the hand and face.

According to court documents, an individual identified as Fuentes entered a restaurant and started an unprovoked fight with another patron. After the suspect kicked the patron, the victim, who was the owner of the establishment, stepped in to defuse the situation. As events unfolded, the suspect produced a knife and allegedly slashed the victim’s face and hand. After a struggle, the suspect escaped.

During opening statements; the prosecution argued that the victim was trying to protect his customers from the defendant who posed a threat after assaulting a customer. Furthermore, the prosecution stated they will bring in different officers and witnesses to testify, who will prove the defendant’s guilt.

Henry Escoto, Garcia Fuentes’ attorney, argued that the prosecution has this case backwards, and Garcia used self-defense to protect himself from the victim who used brute force to kick him out the restaurant.

Following opening statements, the prosecution called on the victim of the stabbing incident. The victim explained he had never seen Garcia in his restaurant before, and wanted to escort him out to protect his customers as he was becoming aggressive. Additionally, he was able to allegedly dentify Fuenetes in court.

Some of the customers, alongside the victim, helped push Garcia out of the building, which led to a physical altercation where Garcia pulled out a knife and stabbed the victim in the eyebrow, and in the right hand, the victim testified. He added that he never made any threats or said anything threatening to Garcia before this incident occurred.

During cross-examination, Escoto showed different exhibits of surveillance footage from inside the restaurant, and questioned the victim on whether or not he was working or drinking during the time of the incident. Additionally, he questioned whether or not the victim made threats or physically forced Garcia out of the building after the first incident.

Parties will continue proceedings on Oct. 3

Search