Witnesses Link Stolen Vehicle Evidence to 7 Co-Defendants in Carjacking Case

The testimony of experts who collected evidence and photographed several vehicles involved in a carjacking case was heard before DC Superior Court Judge Neal Kravitz on Nov. 5.

Irshaad Ellis-Bey, 20, Isaiah Flowers, 20, Taj Giles, 20, Bryon Gillum, 20, Jahkai Goff, 21, Jaelen Jordan, 20, and Warren Montgomery, 20, are charged with conspiracy, trafficking stolen property, two counts of armed carjacking, two counts of unauthorized use of a vehicle, four counts of possession of a firearm during a crime of violence, and two counts of robbery while armed. These charges stem from the group’s alleged involvement in a series of armed carjackings and the subsequent distribution of the stolen vehicles between February and May of 2023.

One of the carjackings occurred on Feb. 27, 2023 at the intersection of 20th Street and Sunderland Place, NW. Another carjacking took place at the intersection of K and 8th Street, NE, on April 27, 2023.

Additionally, Ellis-Bey, Flowers, Giles, Gillum, Goff, and Jordan are charged with two additional counts of unauthorized use of a vehicle, two counts of possession of a firearm during a crime of violence, armed carjacking of a senior citizen, receiving stolen property of $1000 or more, and robbery of a senior citizen while armed. These charges stem from their alleged involvement in a carjacking that occurred on the 600 block of Butternut Street, NW, on May 16, 2023.

A BMW x6 and a 2013 Porsche Cayenne SUV were the main subjects of questioning for the witnesses.

Prosecutors called an analyst from the Department of Forensic Science (DFS), who testified that she processed the BMV x6 for DNA recovery on April 27, 2025. The vehicle was located on the 2800 block of New York Avenue, NE. According to the witness, she was advised that the vehicle was involved in a carjacking and that there were at least two possible occupants.

Given that information, the witness said she collected photographs that were mainly from the driver and front passenger sides of the vehicle.

Additionally, the forensic scientist testified that she collected mouth swabs from Jordan on Nov. 8, 2023. The witness did not explain why she collected it from Jordan, specifically, or what the results showed.

Prosecutors called in a trooper with the Virginia State Police to testify. The officer testified that he recovered the 2013 Porsche Cayenne after engaging in a high speed pursuit when it drove through a highway camera that alerted it as stolen to the dispatcher.

The dashcam footage from the chase was entered into evidence and the witness stated that the vehicle can be seen driving at speeds upwards of 120 mph. An individual that is not one of the seven defendants was arrested after being stopped by a spike strip.

A crime scene scientist with DFS was called in by prosecutors to testify. He testified to being called to a tow lot to collect evidence from the Porsche SUV recovered after the chase. He stated that he collected photographs, swabbed for DNA, and powdered for fingerprints on the wheel and interior handles of the car.

Upon cross examination, the witness was questioned why he did not collect any items from the car or look for evidence in other areas. He stated that he received instruction from the detective on scene that the items in the car belonged to the owner of the vehicle and thus were not likely to have much probative value.

A special agent from the Federal Bureau of Investigation (FBI) testified that he also photographed the Porsche SUV.

Brian McDaniel, Jordan’s attorney asked the agent if he was present when law enforcement first came in contact with the vehicle. The agent testified that he was not present.

McDaniel then asked the agent if he was aware of any items that may have been removed from the vehicle before he photographed it. The agent testified that there was indication that items had been removed prior to his investigation of the vehicle – he was unsure what the items included.

Additional testimony was provided by a patrol officer from the Metropolitan Police Department (MPD). He explained that he was called to the unit block of K Street, NE, on April 27, 2023, for an armed carjacking.

Once he arrived on scene, the officer testified that he gathered information, from the complaining witness, as to what happened and who was involved. The officer’s body camera footage showed the victim asking the officer and his partner to borrow a cell phone to call his wife.

Upon cross-examination, Daniel Dorsey, Gillum’s attorney, asked the officer, “did the victim tell you that one of the suspects was wearing a white shirt with the letters NIKE on it?” The officer testified that the victim did not.

Parties are slated to reconvene on Nov 6.

Judge Finds Probable Cause in Domestic Shooting Case

DC Superior Court Judge Jason Park found probable cause in a domestic shooting case in a hearing on Nov. 4.

Bruce Lee, 46, is charged with assault with intent to kill while armed and assault with a dangerous weapon for his alleged involvement in a non-fatal shooting that wounded one individual on the 400 block of Douglas Street, NE, on Oct. 16.

During the hearing, a detective who responded to the scene and interviewed the victim’s girlfriend, who witnessed the shooting, testified. According to the detective, the victim’s girlfriend stated Lee had gotten into a “verbal altercation” with the victim, his stepson, which escalated into a physical fight after Lee punched the victim. She told the detective that when the fighting stopped, Lee said, “I got something for you” to the victim, grabbed a gun from his room, and shot the victim in the mid-back. She said that the defendant left the apartment after the shooting.

The detective also discussed interviews that other officers did with the victim and the victim’s mother – Lee’s wife. One officer told the detective that the victim said he “had his back turned” to Lee during the shooting. The victim’s mother corroborated this account in a statement to another officer.

When the prosecution asked about the scene, the detective noted that he found two blood smears in the apartment located to the right and left of the door. He also said that officers recovered shell casings, live rounds, and a handgun magazine found in a black bag containing a photo ID of Lee. When asked about firearms, the detective said that officers had not recovered any during the investigation.

During the cross-examination, defense attorney Shawn Sukumar asked how much time had passed between the fight and the detective’s arrival on scene, which the detective estimated to be “maybe 30 minutes.” According to the detective, however, the responding officers arrived “fairly soon” after the 911 call was made.

Sukumar also asked if the detective had reviewed the victim’s medical records, which would corroborate his testimony that the victim was shot in his back. The detective said that he had not reviewed any records, but had been told about the victim’s injury by his colleague, who interviewed the victim.

When asked if the detective knew about any conflicts between the witnesses, the detective said he had “heard of prior conflicts” between the victim and his mom, and that there was a “contentious relationship on scene” between the victim’s mom and the girlfriend as well.

The detective also told Sukumar that Lee had come to the police station “of his own accord” after questions about his arrest, but said that Lee may not have known he was being arrested. According to the detective, Lee also waived his Miranda rights and gave a voluntary statement after his arrest.

Sukumar argued against probable cause in the case. He acknowledged that “every single witness” agreed that there was a fight, but argued that the victim’s girlfriend was a biased party with a “strong incentive” to side with her boyfriend, and said that there was “significant conflict” between the victim’s girlfriend, his mother, and Lee.

He also argued that there was a “very strong reason” to question where the victim was shot, given that blood smears were found to the right and left of the door, and not in one spot. He said it was possible the victim was not shot by the door attempting to leave, but may have instead been “closer to Mr. Lee,” which he claimed could be evidence that Lee shot the victim in self-defense.

Judge Park said there is “no dispute that the complainant was shot,” and that it was “quite clear” that Lee was the shooter. Judge Park also noted how Lee allegedly told the victim, “I got something for you,” before shooting him, and that both witnesses claimed the victim was “getting ready to leave” when he was shot.

Judge Park argued that there was little evidence of self-defense and found probable cause.

When asked about potential release, Sukumar argued that the defendant had “an entire lack of criminal violent history” for twenty years, was employed, and had a place to stay upon release. He noted that, while the allegations were serious, they were over a “specific issue with a specific individual,” and there was no other indication that Lee would pose a danger to the community. He asked Judge Park to issue a no-contact order with the victim and release Lee.

The prosecution argued that there is “clear and convincing evidence” that Lee is a danger, citing the nature of the allegations and that Lee was “willing to use a firearm against someone who angered him.” They further noted that the victim was unarmed, shot in the back, and “left for dead.” According to the prosecution, the defendant could not be safely released back into the community.

Judge Park called the ruling a “close call,” given the “many factors” that weighed in the defendant’s favor, including familial support, employment, and minimal criminal history.

However, he ultimately sided with the prosecution and continued to hold Lee, citing the nature of the charges and noting that the weight of the evidence “appears very strong.” Judge Park also said that the case for self-defense is “extraordinarily thin.”

Parties are slated to return on Dec. 8.

Murder Defendant Denied Release Despite Severe Medical Concerns

DC Superior Court Judge Jason Park denied the release of a murder defendant on Nov. 5, despite allegations that the DC Jail is not providing appropriate treatment for his open wounds.

Desmond Barr, 24, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction, for his alleged involvement in the death of Ambria Farmer, 20. The incident occurred on July 13, 2024 on the 3600 block of F Street, SE.

Barr’s defense attorneys, Hannah Claudio and Dominique Winters, continued their arguments with a supplemental motion for Barr’s release after initially filing in October. .

According to Judge Park, to go from Barr’s being detained to being released over inadequate medical treatment is “too large of a jump” and that it “misses many steps” in the process to allow the defendant to be released from custody.

Judge Park continued that court records reflect issues raised by the defense regarding Barr’s treatment and the Department of Correction’s (DoC) failure to understand or comply with the medical alert ordered during the preliminary hearings in this matter.

Claudio and Winters included a new representation that Barr’s physical therapy has been discontinued.

The initial medical alert issued stated Barr is required to have physical therapy while detained to reduce the risk of future blood clotting as a result of a spinal cord injury he suffered from a shooting, as well as mobility issues related to the injury.

Representatives from the Department of Corrections (DOC) and Unity Health were also present to assure Barr is getting adequate treatment and that outside treatment options were available if he needed them to recover.

The representative from Unity Health stated physical therapy is not ordered, so it is not being administered at this time.

The Unity Health representative went on to indicate that their treatment of jail patients is no different that what happens in the outside setting. He also said they are accredited as an organization and that they have all the certifications they need to adequately treat inmates who are detained.

The Unity Health representative also stated that some of the medical responsibility lies with the patient to ask for help when needed.

Examples include changing sleeping posture, not remaining in one position for too long, and notifying infirmary staff if symptoms worsen in regards to wounds or other conditions the defendant is suffering.

As for the risk of infection he claimed that the infirmary was an aseptic space and mitigation efforts reduce the risk of further infection for the defendant. Pictures of Barr’s wounds were submitted in evidence. .

The defense asked the representative about the physical therapy equipment that was available at the jail and he said it was “standard” and anything additionally needed for Barr was available at an off-site location to be used if necessary for recovery.

He also addressed the final concern about Barr’s wheelchair. He indicated that Barr had been issued a wheelchair that was standard at medical facilities, like a hospital, three times already and he had “destroyed” the first two.

Claudio and Winters argued for Barr’s release, citing that the representatives’ claims about the state of the wheelchairs and the degree to which Barr had tampered with them were inaccurate.

They argued that the treatment at the jail is unacceptable. Through medical records, they found out he was classified as a paraplegic instead of a tetraplegic–one suffering almost total paralysis.

Treatment errors cited included improper monitoring of blood pressure, incorrectly prescribing medication, and relying on Barr to notice changes in symptoms where he has little to no feeling. The defense claims that these lapses ihave put him at risk for strokes.

Their final concern was about the catheters the jail had been using for Barr, stating they had been inconsistent with the number and size of them, leading to numerous urinary tract infections that were recorded on court documents.

Judge Park asked the prosecution about their position in the matter. The prosecution affirmed the position of the two medical representatives that to the best of their ability, the DOC and DC Jail was accommodating Barr and his conditions as best they could.

They also stated they agreed that if more serious issues persist, Barr’s situation would need to change.

The court ruled additional review was needed, which the defense said they would cover with an independent expert.

Meanwhile, the court upheld the denial for release but said Barr’s health issues needed to be considered, noting the defense’s concerns are well-founded.

Judge Park finished by saying that he could intervene, but needed the DOC, Unity Health, and independent experts to provide more information.

Parties are slated to reconvene Nov. 14.

Carjacking Defendant Acquitted of All Charges

A defendant accused of carjacking was found not guilty on all charges before DC Superior Court Judge Andrea Hertzfeld on Nov. 6.

Marcus Tucker, 30, was originally charged with armed carjacking, assault with a dangerous weapon, three counts of possession of a firearm during a crime of violence, and robbery while armed in relation to his alleged involvement in an armed carjacking that occurred April 17 at the intersection of 30th and Hartford Streets, SE.

After one day of jury deliberations, Tucker was acquitted of all counts.

Judge Hertzfeld ordered that Tucker be released from confinement. Additionally, Tucker’s stay- away order has expired.

No further dates have been set.

Silent Shooting Suspect Gets Second Mental Health Eval

A shooting suspect was ordered to undergo an additional mental health assessment after he was initially declared competent to stand trial before DC Superior Court Judge Carmen McLean on Nov. 3.

Roasu Johnson, 35, is charged with unlawful possession of a firearm, carrying a pistol without a license outside home or business, unlawful discarding a firearm or ammunition, possession of an unregistered firearm, and unlawful possession of ammunition. The charges stem from his alleged involvement in a shooting that took place on the 900 block of Kennedy Street, NW, on Aug. 6. No injuries were reported.

Several of the charges carry an aggravated circumstance since the offense occurred during Johnson’s release for a prior conviction.

At the status hearing, Johnson appeared before the court and ignored the judge’s requests to state his name for the record. Nor did he acknowledge the judge during the rest of the hearing.

The court requested an additional assessment based on his behavior. This was after a previous assessment concluded he was competent to stand trial, meaning he understands the charges and can work with his attorney.

Alvin Thomas, Johnson’s attorney, requested to send him to the mental health wing of the jail and the court determined it would be up to the DC Jail if he was to be assessed there or at Saint Elizabeth Hospital for psychiatric patients.

Parties are slated to reconvene Nov. 7

Homicide Defendant Granted Eased Release Conditions

DC Superior Court Judge Micheal Ryan allowed a homicide defendant’s release conditions to be changed from home confinement to a curfew on Nov. 7.

Dwayne Brooks, 26, is charged with first-degree murder, possession of a firearm during a crime of violence, and attempted robbery while armed for his alleged involvement in the fatal shooting of 21-year-old Juwaan Henry, which occurred on Aug. 25, 2022 on the 800 block of 7th Street, NW.

During the hearing, Brooks’ trial date was set for Nov. 30, 2026. Megan Allburn, Brooks’ defense attorney, also requested that his release conditions be revised from home confinement to a set curfew with GPS monitoring given his “near flawless” compliance with the Pretrial Services Agency (PSA) thus far.

Allburn also noted that Brooks is the custodial parent for his sister, and is currently employed.

The prosecution argued that the attempted robbery, which was captured on video surveillance, occurred at dusk on a busy pedestrian street, and that Brooks’ had already been given special parameters to meet the needs of his employer and sister.

Henry’s mother was present via WebEX and addressed Judge Ryan. “It is very unfair to see what is going on and that my son is not here to be with his family,” she said.

Allburn stated that the video footage of the incident shows Henry holding a firearm, and that the center of Brooks’ argument stems from acting in self-defense. Allburn also noted that the last infraction on Brooks’ record occurred following an approved haircut, where Brooks stopped on the way home to buy a pizza.

Judge Ryan congratulated Brooks for his compliance record thus far with PSA, and granted his request for a curfew from 6 a. m.-to-6 p. m. based on work and family obligations.

Parties are slated to convene on Nov. 2, 2026.

Wrong Defendant Transferred from DC Jail to Courthouse

A defense attorney notified DC Superior Court Judge Micheal Ryan that the wrong defendant was transported from the DC Jail to the courthouse after a mix-up on Nov. 7.

Stephen Rattigan, 49, is charged with six counts of assault with intent to kill while armed, six counts of assault on a police officer while armed, 15 counts of possession of a firearm during a crime of violence, destruction of property worth $1,000 or more, endangerment with a firearm, five counts of unlawful possession of a firearm with a prior conviction and cruelty to animals for his alleged involvement in the shooting of three Metropolitan Police Department (MPD) officers on Feb. 14, 2024 on the 5000 block of Hanna Place, SE.

According to court documents, the shooting occurred following MPD’s arrival at Rattigan’s home with an arrest warrant for animal cruelty. The initial confrontation quickly escalated into a barricaded situation where Rattigan allegedly shot and injured three MPD officers, eventually surrendering after a standoff that lasted several hours.

An MPD report from a later search of his home revealed that Rattigan had 31 dogs, three handguns, two AR-style rifles, two full drum magazines, as well as an additional large-capacity magazine.

On April 4, Rattigan pled not guilty before Judge Ryan, and asserted his rights to a speedy trial.

Rattigan’s defense attorney, Stephen LoGerfo alerted Judge Ryan that another defendant with the last name Rattigan had been brought to the courthouse from DC Jail, instead of his client for a status hearing.

LoGerfo stated that the other defendant was recently detained, and unsure how the mix-up occurred, and Judge Ryan agreed.

Parties are slated to convene Nov. 21.

‘Ran Her Down, Tripped Her, and While She Was Lying on the Ground Helpless, He Thrust A Knife Into Her,’ Say Prosecutors in Murder Case Opening

Parties delivered opening statements in a homicide trial before DC Superior Court Judge Michael Ryan on Nov. 4.

Tywan Morris, 30, is charged with second-degree murder while armed, carrying a dangerous weapon outside a home or business, and two counts of possession of a prohibited weapon for his alleged involvement in the fatal stabbing of 27-year-old Danielle Stuckey, on Oct. 17, 2021, at the 2800 block of Alabama Avenue, SE. The victim suffered a fatal stab wound to her thigh, where her femoral artery was severed.

The prosecution opened stating that the jury was there not only for a woman’s murder but also the defendant’s alleged involvement in influencing a key witness.

On the day of the incident, the victim and her eldest son left their residence and went to the Safeway off of Alabama Avenue, SE. After exiting the store the two headed to a bus stop that was directly in front of the BP gas station, claimed prosecutors. While at the bus stop Morris pulled into the gas station.with his girlfriend and their infant son.

According to the prosecution, Stuckey saw that the defendant had arrived at the gas station and walked over to his vehicle. Prosecutors acknowledged that at the time of the incident the victim’s blood alcohol level (BAC) was over the legal limit.

The prosecution stated that surveillance footage depicts their conversation escalating into an argument, however, the victim was seen walking back to the bus stop, where her son was.

Video surveillance showed another vehicle pulled into the gas station, during the period in which the defendant and victim were arguing, according to the prosecution. The driver of the vehicle and the passenger are both witnesses in the case.

Prosecutors alleged that the individual in the passenger seat had a conversation with the defendant where Morris asked, “Do you got that?” In response, the passenger gave the defendant a knife. Once he had the weapon, Morris walked back over to his car, gave the weapon to his girlfriend, and they both headed towards the bus stop where the victim was with her son, claimed the prosecution.

As the two approached the defendant’s girlfriend took “a couple swipes” at the victim with the knife, as seen on video surveillance from the bus stop. The opening prosecutor argued that the victim’s son tried to protect his mom, but the defendant took the knife and charged the victim. On security video the victim can be seen backpedaling and the defendant allegedly kicks at her, tripping her. As she is on the ground Morris can be seen kicking at her head then stabbing her and fleeing the scene, alleged the prosecution.

“He ran her down, tripped her, and while she was lying on the ground helpless, he he thrust a knife Into Her,’ said the prosecutor.

On Oct. 31, 2023 one of the prosecutors received an email from a witness alleging that the defendant had offered her a sum of money to not appear in court to testify.

Defense attorney Steven Kiersh stated that in order for Morris to be found guilty of second degree murder there must be no mitigating circumstances, factors that can lessen the severity of an action. Attorney Kiersh argued that there were multiple mitigating factors, one of which was a prior incident involving the victim.

On July 18, 2021, a woman filed a police report allegeding that following an argument with the victim she was shoved to the ground and assaulted in a laundromat. He also cited her blood alcohol level and the fact that she was arguing with the defendant while his girlfriend and their infant son were in the car right next to them.

The prosecution called an eyewitness who was the driver of the vehicle in which the passenger gave the defendant the knife, and was offered a sum of money to not come to court to testify.

On the day of the incident she stated that she drove to the BP gas station with the other witness. She was sitting in the car playing games on her phone when she heard a man and a woman arguing. She stated she did not know the woman, but she recognized the man because the other witness in the car knew him and she had seen him before.

The man in the argument came over to the passenger side door and started talking to the witness in the passenger seat, according to the witness. She stated that she heard the man say, “Do you got that”, and the passenger pulled out what she described to be “something sharp, it looked like a knife”, and gave it to the man outside the car.

When asked if she saw anyone with a weapon that day she stated no. She also said that she left the gas station because she did not feel safe, and that she and the passenger never discussed what happened that day.

Prosecutors asked why she emailed a member of the team on Oct. 31, 2023. She said that she had received a Facebook message from the passenger in the car that day to call her. She alleged that on that call he stated that he ran into Chucky, the defendant, and that there was a “recording of her”. He went on to say that Morris was offering to pay her an undisclosed sum of money to not come to court.

Kiersh emphasized that she did not personally get the message from the defendant, but that all messages about paying her had come through the passenger.

The prosecution clarified that she had emailed them immediately after receiving the message because she feared for her life.

Under cross examination, Kiersh asked if she was able to recognize the man in a still photo taken from the BP gas station’s cameras. The witness asked to zoom in on the man, but could not tell who the man was. When prompted by the defense, the witness said she supposed the man must have been Morris, as he was the only man around. She also was unable to recall if the man in the photograph is the man who came up to the passenger in the car with her.

Prosecutors called the father of the victim’s two youngest children to the stand. On the day of the incident he was at the victim’s apartment with all three of the children and the victim. He said that she left with the eldest to go to the Safeway off of Alabama Avenue, SE to get groceries for dinner.

Around 6pm he received a call from the victim’s oldest child telling him that his mother was hurt, she was stabbed. When asked if he told the witness who stabbed his mother, he said Chucky. The witness stated that he knew Chucky, Tywan Morris, because they grew up in the same neighborhood.

He was asked if he learned about who was in the car with the defendant at the time of the incident, he said he did. When prompted about the nature of his “history” with the individual in the car he said they had a sexual relationship.

He said that he knew how the victim felt about this individual and that she was upset with him. He stated that the victim learned about the two individuals’ relationship a year before the incident occurred.

In cross examination by the defense he was asked what he did after the victim found out about the relationship. He said that he stopped talking to the individual and stopped going around the area where she lived.

Several experts and MPD officers testified throughout the afternoon. An officer with the electronic surveillance unit confirmed that he pulled the footage that was shown in court from the cameras at the BP gas station.

This was the same footage used to create several compilations of the incident. He explained how he stitched the videos together, playing some at the same time to create a better perspective of what happened leading up to the incident. He had added text in the video if he altered it in any way, either by enlarging the video or by panning to keep focus on certain individuals.

Several Metropolitan Police Department (MPD) officers were called to the stand.

One officer testified that on the day of the incident he was on patrol when he received a radio call that there was a woman down in the area.

His body-worn camera footage was played. The victim could be seen lying in a pool of her own blood, trying to sit up while swaying half-conscious. The officer testified that he called for EMS before arriving on scene and applied a tourniquet to the victim’s upper thigh to try and stop the bleeding.

Another officer was part of the team that looked for the green Nissan belonging to Morris. His body-worn camera footage showed the Crime Suppression Team (CST) discovering the vehicle and calling for more units.

A sergeant with the CST also testified, his bodyworn camera footage showing Morris being escorted out of his home by police.

An expert from the Department of Forensic Science (DFS) testified that she had met with two detectives to collect evidence in relation to the case. She took photos of those pieces of evidence and packaged them. These photos were shown in court.

The prosecution also provided her with a box that she had packaged. She opened the box and the four pieces of bagged evidence inside: a long-sleeved shirt, a pair of shorts, a pair of sweatpants, and a pair of shoes.

The lead detective in the case was also called, and will be continuing his testimony when the parties reconvene.

Parties are slated to return on Nov. 5.

Judge Balances Evidence in Four Co-defendant Carjacking Case

DC Superior Court Judge Andrea Hertzfeld ruled on the admissibility of evidence in a four co-defendant carjacking case on Oct. 31.

John Gear, 21, Jayquan Johnson, 20, Lee Johnson, 20, Marquis Alston, 20, are charged with counts of assault with a dangerous weapon, assault with intent to commit robbery while armed, robbery while armed, robbery, and possession of a firearm during a crime of violence in connection with their alleged involvement in an armed robbery and carjacking on the 1700 block of New Jersey Avenue, NW on April 16.

The prosecution said they intend on using a gun allegedly found in Gear’s residence during a search warrant as evidence during the trial. They argued that the gun is instrumental to their case, as this was an armed carjacking.

Alvin Thomas, Gear’s defense attorney, argued that while this gun was found in his client’s residence, there is not enough evidence that it was the gun used in the incident. Jayquan’s attorney, Kevann Gardner, further argued that the gun, which is a black handgun, matches the description of the vast majority of firearms in DC. He argued that admitting the gun into evidence would be prejudicial.

Judge Hertzfeld decided that the gun can be used in trial because a witness will testify about it.

Other evidence the prosecution intends to use was also at issue.

Judge Hertzfeld ruled that two photos of Gear with a gun can be used to connect his gun to the carjacking. Thomas argued that the photos are prejudicial, but the prosecution argued that its value for their case outweighs prejudice.

She also allowed the prosecution to use text messages from Alston where he talked about the cost of a gun because they were sent near the time of the incident.

Judge Hertzfeld did not admit text messages from Jayquan talking about a separate uncharged robbery due to its being potentially prejudicial.

The prosecution also wanted to use Alston’s GPS, which was issued for his release in an unrelated matter, as evidence, arguing that he let his monitor die around the time of the carjacking. Mark Rollins, Alston’s defense attorney, argued that his battery is unrelated to the case. Judge Hertzfeld agreed, saying that the dates in which his monitor was dead are too divergent to use as evidence.

Parties also discussed a wired plea that was previously extended to the defendants, but did specify the terms. In order to accept the plea, all defendants have to agree. According to Thomas, three of the four defendants wanted to take a plea deal and claim responsibility, so none of them will be able to take it.

Thomas and Gardner argued for the pleas to be separated so their clients can plead guilty and avoid trial. The prosecution said that they will only offer a wired plea.

Judge Hertzfeld agreed with the prosecution’s decision.

“When you commit an armed carjacking with other people, you run the risk of going to trial with those people,” she said.

The trial is set for Dec. 1.

Parties are slated to reconvene on Nov. 20.

Shooting Defendant Rejects Prosecution’s Plea Offer

A shooting defendant rejected a plea deal extended by prosecutors before DC Superior Court Judge Judith Pipe on Nov. 4.

Alonzo Hinton, 39, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and possession of a prohibited weapon for his alleged involvement in a non-fatal shooting on Sept. 20 on the 100 block of Atlantic Street, SE.

During the hearing, prosecutors alerted Judge Pipe they had extended a plea offer, which would require Hinton to plead guilty to assault with a dangerous weapon and carrying a pistol without a license. If accepted, the prosecution would agree to dismiss other charges, and not seek an indictment.

Hinton’s defense attorney, Ferguson Evans, alerted the court of his intent to reject the offer.

Evans requested Hinton’s release, stating he has significant support from the community and stable employment, proving that he would be successful in supervised release.

Judge Pipe denied Hinton’s request for release, stating the circumstances have not changed. .

The parties are slated to reconvene on Feb. 2.

Parties Question Victim’s Account, Police Investigation in Carjacking

Parties questioned a carjacking victim’s sobriety and if officers followed proper investigative procedures in a trial before DC Superior Court Judge Andrea Hertzfeld on Oct. 30.

Marcus Tucker, 30, is charged with armed carjacking with two prior felony convictions, assault with a dangerous weapon with two prior felony convictions, armed robbery with two prior felony convictions, and three counts of possession of a firearm during a crime of violence with two prior felony convictions for his alleged involvement in a carjacking at the intersection of Hartford and 30th Streets, SE, on April 17.

During the trial, a sergeant with the Metropolitan Police Department (MPD) testified to picking up the victim from his house and bringing him to a “show up” identification to identify a potential suspect.

The prosecution asked the detective if he provided instructions to the victim about the identification before he arrived, and the detective said that he had.

When asked why, the detective explained that he wanted to ensure that the witness understood what was happening and knew that “just because we’re showing him someone” didn’t mean that they were the suspect.

The detective said he wanted to make sure they got “the right person.” The detective told the victim that they would continue investigating regardless of the victim’s answer, and that being uncertain was “not the end of the world.”

According to the detective, he turned off his lights so that the cruiser’s lights wouldn’t impair or distort the victim’s vision. The detective also explained how he referred to the suspect as the “stopped individual” so that he wouldn’t “lead” the victim to believe that the person was involved.

Pulling up to Tucker, the victim said that he “was the individual with the gun.” The victim said that “he had the exact same clothing on” and was “one-hundred percent” confident that it was the same person.

Tucker was in handcuffs during the identification, which, according to the detective, was protocol because the defendant was stopped in relation to a violent crime.

After the identification, the detective said that he took the victim from the scene and didn’t discuss the case. He also said he had not taken any notes during the procedure, and didn’t write any reports except for an email he sent to his supervisor.

Another officer testified to speaking with the victim, who had been arrested a few hours prior for possessing an open container of alcohol. The officer said that the victim did not appear intoxicated and that he had not seen him consuming any alcohol on the scene.

Tulley asked if the crime scene was located near a liquor store, which the officer said it was, and then showed a video of the witness walking near a set of stairs that would lead to a plaza with a liquor store. The officer stated that he was unsure where the witness was before the incident, and hadn’t checked nearby cameras to find out.

A third officer tracked the victim’s phone to an alleyway with two cars, and found Tucker next to one of them. He described Tucker as “pretty friendly,” and wearing all white except for a black coat, which he said he had put on because it was cold.

The officer detainedTucker, making him aware that he was stopped as part of an active investigation. Items such as keys and a phone belonging to Tucker were recovered.

During a cross-examination by Laura Roman, Tucker’s other attorney, the officer testified that Tucker did not try to flee. Not when the officer’s car drove by him twice, and not when he was approached.

Roman also noted that Tucker asked permission from officers before doing anything. The officer also testified that during a show-up identification procedure, conducted at about three in the morning, the patrol car’s headlights were on and the red and blue lights were flashing. Roman also noted that Tucker was the only person shown to the victim.

Prosecutors called an MPD detective who testified to responding to a report of an armed carjacking. He stated that he spoke to a responding officer and the victim, who seemed agitated and angry based on his demeanor.

When Tulley talked about the eyewitness identification rules to promote “accuracy and reliability,” he asked if the detective documented the victim’s facial expressions during the identification procedure, or if he had obtained a description of the perpetrator from the victim before the identification. The detective said that he did not.

The detective also testified to police instructions saying that the individual should be presented in the least suggestive manner noting that the suspect was wearing handcuffs. .

In a redirect by prosecutors, the detective testified that he had not been reading off of a 19 page general order during the identification procedure and that his main goal was to give the instructions to the best of his knowledge so that the victim would go into the procedure neutral.

When asked by prosecutors, the detective stated that the victim did not appear to be under the influence.

The detective also stated that there was a license plate reader hit for the victim’s car and the tag scene in the photo was the tag given to officers. There were no other hits that night, according to the officer.

Prosecutors noted that any footage related to the case is missing.

He also stated that he talked to an officer over the phone who had stopped the suspect, and he asked if the suspect matched the description given by the victim, to which the officer responded yes.

The detective stated that he could not do the identification procedure because he was dealing with another incident, so he had another detective do it for him.

The detective’s testimony will resume at a later time.

Parties are set to reconvene on Oct. 31.

Judge Denies Motion To Suppress DNA Probe In Homicide Case

DC Superior Court Judge Jason Park denied a motion to suppress a mouth swab used to obtain a defendant’s DNA on Nov. 10.

Samuel Mack, 59, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business in connection with his alleged involvement in the fatal shooting of 35-year-old Erica Ward on Dec. 30, 2020, on the 4700 Block of Benning Rd, SE.

A search warrant for DNA testing was executed, and the defense attorney, Joseph Yarbough, stated that they intended to question that warrant.

Prior to the ruling, the prosecution emailed the court inquiring about potentially testing the recovered firearm for DNA.

The defense argued against further testing, stating that there was sufficient evidence to identify and arrest the defendant, prompting their motion to deny the prosecutor’s request for buccal or mouth swab testing to get a sample for DNA analysis.

The court denied the defense’s motion to suppress the swab, since the probe complied with lawful procedures and did not violate the defendant’s Fourth Amendment rights against unreasonable search and seizures.

The trial has been continued to 2026.

Parties are slated to reconvene on Feb. 13, 2026.

Releasing Murder Suspect, Judge Says, ‘One of the More Difficult Decisions I’ve Made’

DC Superior Court Judge Michael Ryan made a “difficult decision” to release a murder defendant from incarceration on Nov. 5.

Jordan Battle, 24, is charged with first-degree premeditated murder while armed, second-degree cruelty to children grave risk while armed, two counts of possession of a firearm during a crime of violence and obstructing justice.

The charges are in connection to his alleged involvement in the murder of 18-year-old Terrell Oliver at the 2600 block of Stanton Road, SE on Dec. 18, 2024. The defendant’s alleged actions also posed a grave risk of bodily injury to a three-year-old.

“I’ve found it to be one of the more difficult decisions I’ve made,” Judge Ryan stated in court that Battle would be released from jail.

Judge Ryan noted that one of the primary reasons was the nature of the defendant’s relationship with the victim. Safety of the community is an important consideration whether to release a defendant, and Judge Ryan explained that since the defendant and victim knew each other, there was a reduced likelihood for the Battle to commit a random shooting upon his release.

Judge Ryan stated that one of the other key factors that swayed his decision was the “relatively fabulous” release package put together by defense attorney Kevin O’Sullivan.

The conditions outlined that Battle will have to adhere to home confinement with GPS monitoring, and a stay away order from the DC area and, specifically, the Washington View neighborhood. The only reasons Battle can enter DC are to satisfy his Pretrial Services Agency (PSA) requirements, or to meet with O’Sullivan for trial related matters. Battle will also be permitted to attend church on Sundays with the family he will be staying with.

“You should understand it’s very difficult to release someone with the severity of these charges,” Judge Ryan spoke directly to Battle. “It’s very important that you comply with these conditions of release”.

Parties are set to reconvene on Dec. 11.

‘I’m Reminded Every Morning of Your Cruelty,’ Victim Tells Killers at Sentencing

DC Superior Court Judge Robert Okun sentenced two teen murderers to 18 years on Nov. 7 in a crime that started as a robbery over a pair of tennis shoes.

On Oct. 28, 2024, Anthony Monroe, 19, and Marlan Smith, 18, pleaded guilty to second-degree murder while armed and assault with a dangerous weapon for their involvement in the murder of 17-year-old Antonio Cunningham, and the shooting of another individual, on Sept. 11, 2023, on the 2300 block of Washington Place, NE.

The defendants, who were juveniles at the time of the incident, were charged as adults under Title 16. Through the deal, parties agreed to a sentencing range of 13-to-18 years of imprisonment.

According to the prosecution, the defendants were on a robbery spree the day of the incident, and attempted to rob Cunningham of his Balenciaga sneakers, when a legally armed samaritan intervened for Cunningham. Monroe and Smith shot Cunningham and the samaritan multiple times.

“To the murderers that stand before us today,” the surviving victim stated, “You shot me, and I’ve lived with this mental and physical hell ever since.”

“I’m reminded every morning of your cruelty, when I see myself in the mirror,” the victim said, adding he constantly lives in fear when he sees a group of young Black men.

“In my opinion, you are not worthy of freedom… You robbed Antonio and his family of the opportunity to live a long life. You brutally shot him in the head. I watched his lifeless body fall back as you brutally killed him,” he stated.

The victim continued, “Not only do you deserve the maximum sentence without parole, I ask that you spend the rest of your life in jail… Antonio will never have the opportunity to walk this earth again, so why should you?”

“Sept. 11, 2023 changed my life forever,” Cunningham’s dad stated, “That was the day that my son, Antonio Cunningham, was taken from us at only 17.” He deemed Cunningham “a young man, full of life, joy and dreams.”

Cunningham’s dad said he was more than just his son, recalling he was the family’s light. “He had a spirit that drew people in and lifted them up,” he cried. According to his family, Cunningham was playful, kind, and ambitious – he was killed on his way to work at Jersey Mike’s.

His dad told Judge Okun he walked across the stage in June to receive his high school diploma on his behalf. “He should’ve been there, walking that stage, smiling and proud of his accomplishments.”

“Since losing my son, life has been a living hell,” he insisted, adding that the family’s pain never leaves.

“To both of you, who took him. You destroyed something precious, something pure,” the dad continued. “You took a man who had so much to give. You deserve to feel the weight of what you’ve done.”

“I hope [your parents] understand the pain I live with every day,” Cunningham’s dad told Monroe and Smith.

“You took away my first born, my pride, my joy, and in doing so, you took a piece of me that I’ll never get back,” Cunningham’s mom cried. “You took away a future that was filled with promise… every moment is a reminder of what we lost, because of you.”

“I want you to feel the pain, emptiness, guilt and loss that we feel every day – you took our lives and you turned them upside down,” Cunningham’s mom said to the defendants.

The prosecution displayed pictures of Cunningham, surrounded by his family, to the court. “This light, and this wonderful kid, who is so dedicated to his family and doing the right thing… all of that is gone because of [Balenciaga sneakers],” the prosecutor told Judge Okun.

“That life was taken over tennis shoes – ugly tennis shoes,” she stated, adding that Monroe and Smith had been on a robbery spree in the hours leading up to the shooting, and “this happened because it was the predictable outcome.”

According to the prosecution, Monroe and Smith robbed multiple people in a stolen car with illegal guns.

“[Cunningham] was going to work to pay for nice things, which these two did not do because they were taking them from other people,” the prosecutor insisted.

Through the deal, prosecutors agreed to not seek additional charges for the robberies committed leading up to Cunningham’s murder, and multiple robberies that the defendants allegedly committed during the summer of 2023.

Prosecutors also agreed to dismiss two assault cases that the defendants accrued while awaiting a resolution in this case. “They couldn’t even get right while they were locked up,” the prosecutor said.

“Due to the enormity of their actions leading up to this, they have lost the right to walk among the community,” the prosecutor argued, requesting that Judge Okun impose an 18 year sentence. She cited the “brutality and viciousness” of their actions.

Stephen LoGerfo, Monroe’s attorney, stated that “this is a tremendous tragedy” for which Monroe has felt terribly about during his incarceration.

According to LoGerfo, Monroe endured a lot of trauma leading up to the incident, including his father tragically passing away in a car accident, and Monroe being shot twice months before Cunningham’s murder.

“He was in a very difficult place in life,” LoGerfo argued, stating Monroe had experienced post-traumatic stress disorder and the difficulty of adjusting medically and mentally to his circumstances.

“He had a single mom who tried her best,” LoGerfo stated, highlighting Monroe’s difficult upbringing, adding that he had “very very significant limitations,” at school due to his diagnosis of ADHD that went untreated.

LoGerfo requested Judge Okun impose a 13 year sentence, arguing that is more than enough time for Monroe to think about what he wants to do with his life and come back to the community a productive individual.

“I truly apologize for what happened that day,” Monroe said, adding “I never meant for it to go that way.”

“No doubt, Marlan was doing things he shouldn’t have been doing,” Thomas Key, Smith’s attorney, said.

According to Key and Rachel Goodman, Smith’s other attorney, had the surviving victim not been armed, the incident would have remained a robbery. He stated that a concerned citizen, who was carrying a gun, intervened in Cunningham’s robbery and approached them with his gun out.

The prosecution quickly disagreed with Key, stating that the surviving victim had his gun at his side, not pointed at the defendants when he approached them.

“In that second, it went from a robbery where they wanted the shoes, and turned it into a gun fight,” Key argued. “It’s not that he went out to kill somebody. Unfortunately, it was a consequence.”

Key requested Smith be sentenced to 13 years, arguing that “regardless of the time, it should be about thinking of what he did,” which he argued Smith does every day. “He is remorseful.”

“What is he going to do with those years,” Key questioned, requesting that Smith’s judgment and commitment order, which tells the DC Jail he can be transferred to serve his sentence at the Bureau of Prisons (BoP) be deferred until he finishes his high school diploma at Maya Angelou in the DC Jail.

According to Key, if Smith is able to get his high school diploma it’ll make him eligible to participate in most programs at the BoP.

“Instead of rotting like a potato in prison, is he going to be a person who, because he completed the diploma, is eligible to do additional schooling, learn a trade?” Key stated.

“Without that credential, he will be excluded from the opportunities he needs,” Goodman added, insisting that “Education is the foundation for rehabilitation.”

Key insisted delaying Smith’s sentencing order would benefit the community, stating “When he comes out, it would be best for everyone if he has learned a trade, if he is employable, so he doesn’t come back and get into this lifestyle.”

“I take full responsibility for what I did,” Smith told Judge Okun. “I was doing something I wasn’t supposed to be doing, I know that’s on me. I regret it every day.”

“I hope one day in the future you might be able to forgive me,” Smith said to Cunningham’s parents and the surviving victim, “I know I don’t deserve that right now, but I want to work every day to become someone better.”

Cunningham’s mom opposed the delay, while the surviving victim and Cunningham’s dad agreed to it to ensure he could get his education.

Judge Okun agreed to delay the order, as long as Smith remains compliant in the jail and does not accrue more disciplinary actions.

“In my mind, given the just awful nature of the crimes in this case, and the really significant number of crimes they were committing leading up to the case,” justified a higher sentenced, he said. ƒ

Judge Okun imposed an 18 year sentence for both defendants on the murder charge, and 66 months for the assault with a dangerous weapon, which will be served concurrently.

Both defendants will be required to register as gun offenders when released.

“You are really young, there’s no doubt,” Judge Okun said, “You’re still going to be young when you get out. For your sake, and the community’s sake, I hope you can both do well when you’re incarcerated.”

Smith is expected to return to court in August of 2026.

Shooting Defendant’s Hearing Delayed Due to Illness

DC Superior Court Judge Robert Hildum rescheduled a shooting defendant’s hearing after he missed court due to illness on Nov. 5.

Marcus Tate, 31, is charged with aggravated assault, knowingly while armed, and possession of a firearm during a crime of violence for his alleged involvement in a shooting that injured one individual on the 2300 Block of Pennsylvania Avenue, SE on July 7. The victim sustained a gunshot wound to the right hand and right bicep area.

Tate did not appear in court during the hearing, with U.S Marshals confirming that he was ill.

The defense attorney, Albert Amissah, requested that a new date be scheduled before the calendar judge, Judge Pipe.

Amissah also informed the court that discussions are ongoing with the prosecution regarding a potential plea offer, though no details were disclosed.

Parties are slated to reconvene on Dec. 12.

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