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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

Shooting Defendant Pleads Guilty to Second-Degree Murder

A defendant pleaded guilty to second-degree murder while armed in front of DC Superior Court Judge Raffinan on Oct. 4. 

Martinez Raynor, 24, was originally charged with conspiracy, felony murder while armed with aggravating circumstances, two counts of possession of a firearm during a crime of violence, two counts of carrying a pistol without a license and possession with intent to distribute a controlled substance while armed. These charges stem from his involvement in a shooting that occurred on Oct. 20, 2018 on the 3500 block of Wheeler Road, SE, which resulted in the death of 19-year-old Malik McCloud. 

According to David Knight, Raynor’s attorney, the agreement required Raynor to plead guilty to second-degree murder while armed in exchange for the dismissal of all other charges, as well as a dismissal of a case in which Raynor is charged with simple assault for attacking an officer at the DC Jail. 

Through the deal, the parties agreed that the appropriate sentencing range is 14-to-20 years of incarceration.

The potential maximum sentence for this charge is 40 years imprisonment and/or a $250,000 charge with a term of supervised release of not more than five years. 

His sentencing is scheduled for Feb. 7.

Shooting Co-Defendants Plead Not Guilty at Arraignment

During a felony arraignment on Oct.3, both co-defendants in a shooting case pleaded not guilty on all charges in front of DC Superior Court Judge Marisa Demeo. 

Marcell Cradle,19, and Marcus Cunningham,19, are charged with aggravated assault knowingly while armed, assault with intent to kill while armed, assault with a dangerous weapon, assault with intent to commit robbery while armed, conspiracy, and four counts of possession of a firearm during a crime of violence. The charges stem from their alleged involvement in a shooting incident that injured one individual on April 25 at the intersection of 16th and Euclid Streets, NW.

Cunningham is also charged with carrying a pistol without a license, possession of a machine gun, endangerment with a firearm, and unlawful discarding of a firearm, in connection to the same incident. 

According to court documents, the shooting may have stemmed from a drug exchange that turned into a robbery at Meridian Hill Park. 

The prosecution asked that Cradle be put on GPS monitoring as a condition for his release, which Cradle’s attorney, Sellano Simmons, said was unnecessary since he has been compliant with the Pretrial Services Agency (PSA) and showed up to all his hearings. 

Cunningham’s defense attorney, Tammy Thom, asked that he be released to strict home confinement so that he could spend time with his family. 

Judge Demeo ruled that since the nature of the charges were severe and a grand jury had found probable cause, she was going to put Cradle on GPS monitoring and deny Cunningham’s release. 

Parties will reconvene on Nov. 12. 

Judge Again Denies Carjacking Defendant’s Release Request

Following a previous ruling, a carjacking defendant was denied release by DC Superior Court Judge Jennifer Di Toro on Oct 4.

Kendall Joiner, 21, is charged with  unarmed carjacking and possession of a firearm during a crime of violence for his alleged involvement in a carjacking incident on the 2000 block of Savannah Street, SE on May 30. 

Joiner and his co-defendant, Rickey Lindsey, allegedly pointed firearms at a victim in the passenger’s seat, forcing him out of the car, assaulting the victim, and then proceeding to steal the car.

Joiner’s defense attorney, Sellano Simmons, requested Joiner be released, arguing he does not pose a flight risk, has family, is a native of the area and suggested alternative conditions including GPS monitoring, and home confinement.

The prosecution opposed the release and argued that the circumstances have not changed since Judge Di Toro denied the request back in August. 

Given the seriousness of the felony offense, Judge Di Toro denied motion for release and continued confinement conditions.

A felony status conference was set for Dec 2. 

Defense Claims ‘Egregious Misconduct,’ but Judge Won’t Dismiss Armed Carjacking Case

DC Superior Court Judge Errol Arthur denied two carjacking defendants’ motion to dismiss the case against them after the prosecution elicited inadmissible evidence while questioning a witness. The ruling came in a hearing on Oct. 3. 

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. 

Patterson is also charged with armed robbery in connection to the incident. 

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 the items during his arrest on March 28 on the 4000 block of Ponds Street, NE. 

Judge Arthur heard arguments from the parties after a detective testified on Oct. 2 about evidence that had previously been ruled inadmissible. 

Johnson’s defense attorney, Joseph McCoy, argued in his motion to dismiss with prejudice that this was “egregious misconduct” by the prosecution. He said the only explanation is that “ a very experienced trial attorney seeing a case that’s disintegrating, cornered a detective under oath and elicited testimony to deliver a mistrial.”   

The prosecution denied it, saying there was no bad faith and that he didn’t expect the witness to divulge the fact that Patterson was on probation at the time of the incident.

“Generally, prosecutors can’t use evidence of prior convictions to prove a defendant’s guilt or tendency to commit crimes, but they can sometimes use them to question the truthfulness or credibility of the defendant’s testimony,’ according to the Nolo legal advice site.

Judge Arthur denied the motion to dismiss with prejudice–meaning the case couldn’t be retried– and will instruct the jury to disregard the testimony, including all evidence introduced, saying it was “more than an innocent mistake.” 

Then Alvin Thomas, Patterson’s defense attorney, made a motion for judgment of acquittal, arguing the prosecution has not provided sufficient evidence to prove the defendants’ guilt. 

McCoy joined Thomas’ motion. 

They argued that the prosecution’s only evidence was the victim’s testimony and CCTV surveillance footage. Since the footage has no sound, the only way to provide context is through the victim’s explanation. 

Thompson argued the victim has testified that he does not remember any details from the incident, including Patterson’s activity. There was no evidence of armed robbery or carjacking, and there was no testimony that Patterson caused significant injury, Thomas argued. 

McCoy opined that Johnson had only been identified as a person who was there, and the victim testified that Johnson had helped him, not attacked him.  

McCoy insisted that to credit the video evidence, you have to discredit the victim’s testimony. Thompson argued that to give credit to the witness, you have to discredit the video. 

Judge Arthur will deliver his ruling when the parties reconvene on Oct. 4. 

Judge Postpones Sentencing For Mental Observation Hearing

A shooter’s sentencing hearing was postponed for a preliminary mental observation hearing before DC Superior Court Judge Jason Park in an Oct. 4 hearing.

On March 31, 2023, Romeo Brown, 21, pleaded guilty to assault with a dangerous weapon, carrying a pistol without a license outside one’s home or business and unlawful discharge of a firearm, for his involvement in a nonfatal shooting on the 2600 block of Douglass Road, SE, on March 7, 2022. 

Brown’s original sentence was imposed on June 9, 2023; however, probation services said Brown was not in compliance with his release terms resulting in his re-arrest and this new sentencing hearing. 

At the hearing, Tammy Thom, Brown’s attorney, and the prosecution approached the bench, whereafter Judge Park postponed Brown’s sentencing until the completion of a preliminary screening to determine Brown’s mental competency. 

If the preliminary screening for the mental observation hearing finds Brown competent, he will be sentenced as scheduled.

Parties are slated to reconvene on Oct. 11. 

Prosecution Says, ‘Are You Capable of Killing Your Best Friend?’ Quiz on Suspect’s Phone

A witness testified that a homicide suspect was allegedly taking quizzes on his phone about murdering his best friend in a trial in front of DC Superior Court Judge Marisa Demeo on Oct. 3. 

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

Burns was convicted of the charges in 2017, but the verdict was overturned in 2020 for an overly broad search and the DC Court of Appeals returned the case to DC Superior Court.

Along with Tyre Allen, 24, Burns is also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of the due administration of justice. The charges stem from their alleged attempts in 2020 to persuade and intimidate a witness into recanting testimony he gave against Burns in the original murder trial.

A witness who performed an extraction on two of Burns’ phones presented web browsing history data that allegedly showed the user visiting the site “gotoquiz.com” and the quiz “Are you capable of killing your best friend?” in the search history a week before the murder. 

On cross examination from Burns’ attorney Jocelyn Wisner, the witness testified that he cannot tell how long the user was on any given site and that the website has links that can take you to different pages. 

The witness also testified that hundreds of text messages and calls were deleted from both phones. He presented texts between the victim and Burns on the day of the murder showing Burns messaged Osuchukwuhe “I’m leaving the door open for you” at 8:01 p.m., approximately an hour before the murder. 

A forensic pathologist from the Office of the Chief Medical Examiner (OCME) said there were four gunshot wounds on the victim, including one on the left cheek, left shoulder, lower left abdomen, and lower right side of the back.

The medical examiner explained the lethal gunshot wounds that traversed the victim’s body, hitting vital blood vessels and the pumping chambers of the hearts well as the bowels. Because of the vital organs involved, the pathologist testified, the gunshot wounds were not survivable.

During the cross examination, the witness explained there were no signs of bruises, cuts, or scrapes found during the autopsy, showing no signs of struggle.

Parties are set to reconvene on Oct. 7.

Defendant Pleads Guilty to March Shooting

A shooting defendant accepted a plea deal before DC Superior Court Judge Heidi Pasichow on Oct. 2. 

Taiyon Suggs, 50, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his involvement in a shooting incident on March 25 on the 3700 block of 10th Street, NW. One person sustained a gunshot wound.

During the hearing, Suggs’ defense attorney, Jeremy Feldman, announced that his client would accept the plea offer, which required him to plead guilty to assault with a dangerous weapon and possession of a firearm during a crime of violence, in exchange for the prosecution not seeking an indictment. 

Through the deal, the prosecution agreed to limit their sentencing request to five years of incarceration. 

Parties are slated to return on Dec. 10 for sentencing.

Stabbing Defendant Accepts Plea Deal 

A stabbing defendant accepted a plea deal extended by prosecutors before DC Superior Court Judge Andrea Hertzfeld on Sept. 23.

Le Count Briscoe, 52, was originally charged with assault with a dangerous weapon for his involvement in a stabbing incident on July 7 at the intersection of 8th and E Street, SE.

During the hearing, Jesse Winograd, Briscoe’s attorney, alerted the court of his intention to accept a deal that required him to plead guilty to attempted assault with a dangerous weapon in exchange for the prosecution’s not seeking an indictment. 

Attempted assault with a dangerous weapon carries a penalty of up to five years in prison in addition to a $12,500 fine, along with three years of supervised release.

Judge Hertzfeld scheduled sentencing for Dec. 9.

Shooting Defendant Held Without Bond

DC Superior Court Judge Renee Raymond decided to keep a defendant in custody on Oct. 3 after reading through his criminal record. The defendant also waived his rights to a preliminary hearing.

Charles Brown, 64, 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 that took place on Sept. 4 at a gas station located on the 2500 block of Pennsylvania Avenue, SE that left one person injured. 

Brown’s defense attorney, Charles Haskell, alerted the court of his intent to waive his right to a preliminary hearing. 

Haskell noted that Brown has previously completed 10 months of sobriety and drug treatment, proving that he is committed to changing the direction of his life, and requested he be released as he awaits further proceedings. 

However, the prosecution noted his “lengthy criminal record” which included two counts of assault and battery on a family member and grand theft auto in Virginia. They also stated that their aim is not to discredit his sobriety, “which the [prosecution] always commends”, but rather to ensure the safety of the community. 

Judge Raymond ruled to hold Brown without bond. 

Parties will reconvene on Oct. 23. 

Judge Postpones Release Ruling For Previously Tried Defendant

DC Superior Court Judge Errol Arthur delayed a decision on Sept. 19 regarding a request to release a defendant awaiting trial on aggravated assault charges.

Anthony Gary, 27, is charged with aggravated assault while armed and possession of a firearm during a crime of violence for his alleged involvement in a shooting incident that occurred on Aug. 4 near the 3700 block of Jay St. NE. 

His defense attorney, Raymond Jones, submitted a motion asking the court to reconsider Gary’s detention, presenting 14 letters from supporters advocating for his release.

During the hearing, Judge Arthur, who had previously convicted Gary on drug possession charges earlier this year, commented, “The last thing Mr. Gary needed was to be in front of me on a new case after I just tried him on another matter.”

The prosecution was granted additional time to respond to the defense’s motion. Judge Arthur will review the submitted letters before making a final decision.

Gary will remain in custody until his next felony status hearing, scheduled for Oct. 15.

Judge Sentences Defendant to 54 Months for Shooting, Strangulation Incident

DC Superior Court Judge Errol Arthur sentenced a man on Sept. 19 for his involvement in an altercation that left one of three victims injured by a gunshot.

Joshua Goodwin, 34, pleaded guilty to assault with a dangerous weapon and felony strangulation for an incident that occurred on Feb. 24 near the 4600 block of Hillside Road, SE. 

According to court documents, the confrontation escalated into violence, with Goodwin discharging a firearm during a drunken argument.

Goodwin was sentenced to 40 months for assault with a dangerous weapon and 14 months for felony strangulation, with the sentences to be served consecutively. After completion, he will be in supervised release, and must register as a gun offender for two years.

Goodwin expressed a desire to reform, stating, “I am not a product of my environment… For me, my community, and my son, I will be a productive returning citizen.” He detailed his participation in a GED program, tutoring fellow inmates, and completing a Georgetown University course as part of his rehabilitation efforts.

Judge Arthur emphasized the seriousness of Goodwin’s decision to use a firearm during the altercation. “The choice to pull out a firearm and discharge it is of grave concern for me,” Judge Arthur remarked, rejecting the defense’s argument that the victims’ intoxication lessened Goodwin’s responsibility.

The court also granted a stay-away and no-contact order for all three victims, as requested by the prosecution.

No further dates were set. 

Judge Issues Bench Warrant For Stabbing Defendant

DC Superior Court Judge Jennifer Di Toro issued a bench warrant for the arrest of a stabbing defendant on Oct. 3, after his failure to appear in court. 

Billy Williams, 68, is charged with assault with a dangerous weapon, assault with significant bodily injury, threat to kidnap or injure a person while armed, and panhandling-aggressive. The charges stem from his alleged involvement in a stabbing incident on Dec. 7, 2023 that injured one individual. The incident occurred at the intersection of Rock Creek and Virginia Avenue, NW.

According to court documents, Williams called 911, and told responding officers he was approached by a white man on a scooter who physically hit and threatened him, resulting in Williams’ stabbing the individual. Williams allegedly confessed that he stabbed the victim in his upper neck.

On Sept. 24, Judge Di Toro issued a bench warrant for Williams, due to his failure to appear in court. The warrant was executed on Oct. 2, and Williams was released with the proviso that he attend the Oct. 3 hearing with his attorney. 

During the hearing, Judge Di Toro reissued a bench warrant due to Williams’ continuous failure to appear. 

A trial readiness hearing is scheduled for Oct. 18, 2024, and the jury trial is scheduled for Oct. 30, 2024.

Parties will reconvene when the bench warrant has been served.