Judge Rules to Exclude Some Prosecution Evidence in Six Year Old Homicide Case

DC Superior Court Judge Danya Dayson ruled to exclude some expert testimony in a long-standing homicide case the defense said was submitted late during a hearing on March 25.

Jamil Whitley, 38, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm with a prior conviction greater than one year. The charges stem from his alleged involvement in the fatal shooting of 32-year-old Kevin Redd on the 4700 block of Jay Street, NE, on June 11, 2020. Redd sustained three gunshot wounds to his shoulder, chest, and forearm.

Judge Dayson preliminarily excluded a portion of an Federal Bureau of Investigation (FBI) Cellular Analysis Survey Team (CAST) report about call location that the allegedly prosecutors disclosed late.

According to the defense’s March 13 motion to exclude, the CAST report, which the prosecution conducted in January and filed Feb. 13, included phone data beginning June 10, 2020. Judge Dayson previously allowed other CAST data as evidence in the case.

Madalyn Harvey, Whitley’s attorney, said the defense wanted another expert to verify the data because it’s possible the prosecution’s expert is “incompetent” or made a mistake. She said the expert the defense used to verify other CAST data is unavailable.

The defense said in the motion to exclude that the prosecution knew about the expert witness and what he would testify since “early in the case.”

A prosecutor said the situation did not constitute failure to disclose because they did not have the new CAST data earlier. They also said admitting the CAST report would allow them to “streamline” their case by providing the same information through one witness instead of three.

“Our strategy was different,” the prosecutor said when asked why they did not disclose the report in a timely fashion.

In another ruling, Judge Dayson allowed prosecutors to introduce two 911 calls made by witnesses as evidence because they speak to the incident and timing of the police response.

Harvey said because the calls occurred after the shooting, the witnesses were recounting past events rather than a present emergency.

The prosecution’s motion to admit the evidence, filed on March 12, said the calls satisfied present sense impression requirements because they were made “very soon” — within two-and-a-half minutes — after the shooting.

Judge Dayson said given the brief time between the shooting and calls and the callers’ intentions to procure medical help for the victim, the calls were admissible.

Additionally, Harvey said Redd’s wife’s family members just informed her that the wife was still alive, contrary to what the prosecution previously asserted.

The prosecutor said they received an email from another prosecutor on May 28, 2024, saying the victim’s wife died in custody in Fairfax County, Virginia. They said the he found out from the United States Marshals and said they will verify this information.

The trial is scheduled to begin on March 30.

Homicide Defendant Rejects Plea Deal, Sets New Trial Date

Parties in a homicide case set a new trial date after the defendant rejected a plea deal before DC Superior Court Judge Michael Ryan on March 26.

Robert Carpenter, 37, 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. The charges stem from his alleged involvement in the fatal shooting of 42-year-old Tremaine Nicholson on the 3400 block of 25th Street, SE on May 7, 2024.

Prior to the hearing, prosecutors extended a deal to Carpenter, in which he would plead guilty to voluntary manslaughter while armed. If the judge were to accept the plea, Carpenter would be sentenced to seven-to-12 years in prison. After discussing the plea offer with his attorneys, Christen Philips and David Knight, Carpenter decided to reject the deal.

Parties went back and forth, attempting to decide when all were available. An agreement to begin trial on Jan. 19, 2027, was eventually reached.

Parties will reconvene on Nov. 6 for a status hearing.

Judge Denies Motion to Sever Charges in a Murder Case

DC Superior Court Judge Danya Dayson denied a motion to sever charges in a murder case in a hearing on March 30.

D’Andre Montgomery, 20, is charged with conspiracy, first-degree premeditated murder while armed, felony murder with aggravating circumstances, assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, attempt to commit robbery while armed, unauthorized use of a vehicle during a crime of violence, and carrying a pistol without a license outside a home or place of business.

These counts stem from his alleged involvement in the fatal shooting of 28-year-old Kenneth Barksdale Jr. on the 1200 block of 44th Place, SE, on Dec. 16, 2023.

Kevin Hider, 20, and Eric Sheffield, 21, also face charges for their alleged involvement in the same incident.

Charlotte Gilliland and Sylvia Smith, Montgomery’s attorneys, filed a motion on March 6 to sever his charges because they argue the offenses were aimed at two separate targets. They wanted to sever conspiracy and unauthorized use of a motor vehicle because they aren’t related to the homicide incident.

Judge Dayson denied the motion to sever because “they [Montgomery and codefendants] were carrying out the same thefts they had been, when someone interrupted them, and that was why they murdered him.”

Another defense motion, also filed on March 6, asked to prohibit witnesses from narrating or interpreting videos during their testimonies.

Prosecutors told Judge Dayson that their witnesses would not be narrating the surveillance video, rather, they would be explaining the actions that officers took after the video.

Judge Dayson did not make a clear ruling during the hearing but according to court records, parties decided to resolve the issue as necessary during the trial.

In the same defense motion, they stated that prosecutors also wanted to share Montgomery’s social media as a form of identification because some witnesses reportedly know him from previous interactions and his social media.

Judge Dayson said she would allow the social media to be used as evidence, but not in the presence of the jury, due to possible prejudice against Montgomery.

Smith argued that the prosecutors shouldn’t be able to use Montgomery’s GPS and previous probation time as evidence in court because it would be “more prejudicial than probative.”

Prosecutors said that they would only use the GPS data to show his location in relation with the robberies, they would not be using his probation as evidence.

Smith requested that they don’t use the word “GPS” and rather they use the words “location information” when referring to Montgomery’s whereabouts.

Judge Dayson will allow his GPS to be used as evidence because it will show his whereabouts in accordance with the robberies, but ruled that prosecutors could not say why he was on probation.

Parties are slated to reconvene on April 3 for more motions arguments.

Judge Denies Release For Armed Carjacking Defendant

DC Superior Court Judge Robert Salerno denied release for a carjacking defendant who violated his previous release conditions on March 25.

Antoine Johnson, 36, is charged with armed carjacking, assault with a dangerous weapon, and two counts of possession of a firearm during a crime of violence for his alleged involvement in an incident on the 3300 block of 6th Street, SE on July 22, 2024.

According to court documents, the victim was exiting their vehicle when Johnson reportedly approached them from the rear. Johnson then allegedly pointed a gun at the victim’s face before getting in the vehicle and driving off. No injuries were reported.

During the hearing, Johnson’s attorney, Craig Ricard, notified the court that the prosecution extended a global plea offer to his client, which would resolve this case and an unrelated misdemeanor matter. Judge Salerno granted Ricard’s request for more time to send the prosecution a counter offer.

Ricard also requested Judge Salerno release Johnson. Judge Salerno mentioned Johnson failed to appear in court in December 2025 and after the judge issued a bench warrant, it took three months to get Johnson to appear in court.

A representative from the Pretrial Services Agency (PSA) also noted Johnson’s multiple release condition violations. They said that Johnson previously tested positive for PCP twice, failed to report for drug testing four times, and didn’t attend his substance abuse program.

As a result of Johnson’s multiple release violations, Judge Salerno declined the defense’s request for release.

Parties are slated to reconvene on April 10.

Stabbing Defendant Refuses to Appear at Hearing

A stabbing defendant refused to leave the DC Jail to attend his hearing before DC Superior Court Judge Judith Pipe on March 26.

Manuel Yeager, 41, was sentenced on Jan. 9 to three years imprisonment, all suspended, in favor of one year of probation for assault with a dangerous weapon. The charge stemmed from his involvement in a stabbing that occurred on the 2300 block of Q Street, SE on June 3, 2025. The victim, Yeager’s brother, sustained one stab wound to his right shin.

Judge Pipe informed parties that Yeager failed to appear in court and US Marshals said he refused to leave the DC Jail in the morning.

Yeager is charged with threatening to kidnap or injure a person for an unrelated matter that led to his probation revocation in this case.

At a hearing on March 23, Judge Pipe ordered Yeager undergo a mental health evaluation but parties did not discuss the results given Yeager’s absence. In order to stand trial Yeager must be mentally competent enough to understand the charges against him and be able to help his attorney in his defense.

Parties are set to reconvene on April 20.

Prosecutors Blame Homicide Trial Delays on Public Defender Attorneys

Prosecutors asked DC Superior Court Judge Todd Edelman to remove the Public Defender Service (PDS) from a homicide case after they asked to reschedule the trial again on March 20.

Joshua Franklin, 40, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior crime of violence. These charges stem from Franklin’s alleged involvement in the fatal shooting of 27-year-old Andrew Session on Jan. 21, 2021 on the 4400 block of 3rd Street, SE. Session sustained 12 gunshot wounds.

All charges carry an aggravating factor for crimes allegedly committed during Franklin’s release for a prior offense.

According to Judge Edelman, he received a letter from Franklin in early March that expressed his desire for a delay in the trial, to obtain new counsel, and that he did not wish to engage in plea negotiations.

Judge Edelman talked with Terrance Austin and Emma Mlyniec, Franklin’s attorneys, along with Dominique Winters, a representative from PDS about the letter and Franklin’s current position.

According to Winters, Franklin did not receive proper advice from his previous attorneys leading to multiple delays in the trial. In court, Austin asked to delay the trial for more time to advise Franklin about the case.

The prosecution noted that Judge Edelman denied the defense request to delay the trial at a hearing on Feb. 12 and they argued his ruling should stand. PDS has been on the case for the last three years, the prosecution stated, and should have had their investigation done by now.

Prosecutors also raised concerns with Franklin’s letter asking for new counsel and lack of interest in a plea deal. According to prosecutors, Franklin’s letter was written before plea negotiations started between parties in early March.

According to the prosecutor, they offered Franklin a deal that would require him to plead guilty to second-degree murder while armed. As part of the agreement, parties would agree to a sentence between 16-to-24 years or 17-to-23 years, subject to the judge’s approval at sentencing. The prosecutor withdrew the plea offer at the end of the hearing.

After a discussion under seal, Judge Edelman stated that Franklin no longer wanted new counsel and withdrew his request.

The prosecution asked that Judge Edelman either make Austin and Mylneic proceed with the scheduled trial in April or that Judge Edelman take PDS and the current counsels off the case. The recommendation from prosecutors was that PDS should be replaced by a Criminal Justice Act (CJA) panel attorney, who cannot readily drop the case.

Judge Edelman inquired whether Winters could assure him that PDS and Austin and Mylniec would remain on the case for the trial in a couple of months.

Winters responded that she could not ensure that Austin and Mylneic would still be with PDS in a couple of months, but she assigned them to the case due to their flexible trial schedules.

Despite the prosecutor’s objection, Judge Edelman vacated the trial date in April, converting it to a status hearing to determine where Austin and Mylneic stand in the defense investigation and counseling of Franklin. In addition, at that hearing, parties will discuss the more than 20 outstanding motions in the case, Judge Edelman said.

The next hearing is set for April 10.

Double-Homicide Co-Defendants Plead Not Guilty at Arraignment

In a felony arraignment hearing before DC Superior Court Judge Todd Edelman on March 26, two co-defendants in a homicide case plead not guilty to all of their charges.

Royale McGlenn, 19, and Sean McFadden, 24, are charged with two counts of first-degree murder while armed, assault with intent to kill while armed, aggravated assault knowingly while armed, and four counts of possession of a firearm during a crime of violence. The charges stem from their alleged involvement in the fatal shooting of Royell Walker, 16, and Jamar Jackson, 19, on the 4200 block of 4th Street, SE on May 23, 2025.

After charges were read to both defendants, McGlenn’s attorney, Carrie Weletz, said that her client was entering a plea of not guilty and requested that a trial date be set for the case. McFadden’s attorneys, Howard McEachern and Charles Murdter, said the same for McFadden.

The prosecution said that they had begun the evidence testing process and also asked to set a trial date, in addition to a status hearing to provide updates on testing.

Judge Edelman worked with both parties to find a suitable date for trial and the court decided on June 21, 2027 for a jury trial for the case.

Parties are slated to reconvene on July 8.

‘It was a Dumb Decision,’ to Have a Gun Says Defendant Acquitted in Metro Shooting

DC Superior Court Judge Deborah Israel sentenced a defendant who was acquitted of shooting charges by a jury but convicted on related possession offenses to three years of probation on March 27.

Daquan Toland, 25, was convicted by a jury on Oct. 1, 2025 on charges of carrying a weapon outside a home or business, possession of an unregistered firearm, and unlawful possession of ammunition. Charges are in connection with a non-fatal shooting incident that occurred at the intersection of M and 4th Streets, SW, Waterfront Metro Station on June 2, 2025. A victim was shot in the shoulder during the incident.

The prosecution asked Judge Israel to impose a sentence of two years imprisonment and three years supervised release for all charges. A stay away-order from the victim, along with the Waterfront Metro station was requested by prosecutors.

Judge Israel granted the stay-away order for the victim, but declined for the Metro station. The only grocery store in the area, Judge Israel stated, was near the Metro station.

Prosecutors stated that the injured victim was scared for their life during the shooting. According to prosecutors, a witness and her child have since moved out of the community after hearing the gun shots while playing in the park.

The prosecution stated that a second witness and her child were passed by Toland on an escalator in which he stated, “Don’t worry I’m not going to shoot you,” to the child.

The prosecution described the community as “a miserable place to live for some people.”

A sentence under the Youth Rehabilitation Act (YRA), was opposed by prosecution, which allows people under 25 who are convicted of certain crimes to have their convictions sealed after they successfully complete their sentence and potentially offers a sentence under the mandatory minimum.

Jessica Willis, a stand-in attorney for Toland, alleged that Toland was robbed and shot at first during the incident. Willis continued by stating that the shooting was “frightening for everyone involved.”

According to Willis, Toland has done everything the court has asked him to do pending sentencing, including having a stable workplace and housing. Judge Israel released Toland on Oct. 2, 2025, the day after the jury returned their verdict.

Willis used Judge Israel’s words from a previous hearing for another case that day in her argument stating, “If we put this person in jail now we are disrupting their progress.”

Willis argued for a total of six months incarceration, all suspended in favor of one year’s probation. In addition, Willis asked for a sentencing under the YRA.

“It was a dumb decision,” Toland stated during his apology for the incident. Toland stated that he now has a two-month-old son that he cares for.

Judge Israel sentenced Toland to two years imprisonment for carrying a pistol without a license outside a home or business, six months for possession of an unregistered firearm, and one year imprisonment for unlawful possession of ammunition. All time suspended, in favor of three years supervised probation. All sentences are to run concurrently.

Judge Israel noted that Toland always looked “concerned” during the trial and was taking the trial seriously.

Judge Israel did not sentence Toland under the YRA, due to a previous conviction under YRA before and this incident was deemed an escalation of seriousness by her.

Toland must register as a gun offender following his probation.

No further dates have been set in this case.

Victims ‘Deserved to Go Home That Night,’ Prosecutors Say In 1997 Double-Homicide Trial Closings

Prosecutors argued before DC Superior Court Judge Todd Edelman on March 24 that victims in a 1997 homicide trial deserved to go home the night they were fatally shot.

Oscar Diaz-Romero, 47, is charged with two counts of second-degree murder for his alleged involvement in the fatal shooting of Jose Noel Coreas-Carcaro, 22, and Jose Molina, 27, in a restaurant on the 2400 block of 18th Street, NW, on Aug. 9, 1997. After the shooting, Diaz-Romero left the United States and traveled to El Salvador, where he was extradited from in January 2025.

Prosecutors argued Diaz-Romero brought a revolver to a fist fight between two rival gangs and shot two individuals. Diaz-Romero made the decision to use a revolver and kill these two young men, prosecutors said.

“Whatever their faults, whatever their imperfections, they deserved to go home that night,” stated prosecutors.

Prosecutors reiterated the witness testimony, highlighting the statements from three other members of the defendant’s gang who were present at the bar when the shooting occurred. Their testimony placed Diaz-Romero at the scene and as the shooter, prosecutors argued.

Prosecutors reviewed handwriting in letters, bullet fragments, and identifying tattoos that they alleged connected Diaz-Romero to the crime. They emphasized that Diaz-Romero fled to El Salvador after the crime and changed his name from Oscar Salguero to Oscar Diaz-Romero as consciousness of guilt.

“He fled because he knew he did something wrong,” said prosecutors.

Prosecutors urged the jury to “do the only thing that justice demands,” and reach a guilty verdict on both counts.

Julie Swaney, Diaz-Romero’s attorney, urged the jury to acquit her client, arguing the prosecution failed to prove guilt beyond a reasonable doubt. She questioned the credibility of key witnesses, highlighting inconsistencies in testimony, including differences in the fight leading up to the shooting and the gun used.

Given the inconsistencies, Swaney asked the jury how they could find the witnesses credible?

According to Swaney, the only part of the incident the three eyewitnesses agreed on was identifying Diaz-Romero as the shooter, because they needed to pin it on someone else. Since the eyewitnesses were suspects, it made sense for them to all accuse Diaz-Romero and shift blame away from themselves, Swaney claimed.

She highlighted the lack of physical evidence, including a gun, clothing, fingerprints, or DNA, connecting Diaz-Romero to the crime.

Swaney also addressed the prosecution’s claim that Diaz-Romero escaped to El Salvador and changed his name to hide from authorities. According to Swaney, Spanish last names usually consist of one name from the mother and one name from the father.

Diaz-Romero’s parents’ names respectively include “Diaz” and “Romero,” and when Diaz-Romero picked his last name when returning to El Salvador, he was adopting his family’s names, explained Swaney.

According to Swaney, Diaz-Romero was 14-years-old when he was brought to the US and was likely not the person who filled out Salguero as his last name on his immigration documents.

She told the jury to keep in mind the “reasonable doubt all over this case” when deliberating and asked them to find Diaz-Romero not guilty on both counts.

The prosecution acknowledged that inconsistencies were expected given the event occurred 28 years ago and argued that the evidence still pointed to Diaz-Romero.

Prosecutors rejected Swaney’s suggestion that they haven’t proved beyond a reasonable doubt that Diaz-Romero was the shooter. The witnesses only needed to testify to who shot and killed the victims. Despite inconsistencies in their testimonies, no one was inconsistent with identifying Diaz-Romero as the shooter.

Parties are slated to reconvene when the jury reaches a verdict.

After Ruling Probable Cause, Judge Releases Bus Stop Stabbing Defendant

DC Superior Court Judge Robert Hildum released a stabbing defendant to home confinement after finding probable cause in a hearing on March 26.

Ricky Wright, 41, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing at a bus stop at the intersection of Georgia Avenue and Upshur Street, NW on March 21. One victim sustained lacerations to the nose and forehead.

Prosecutors informed the judge that they had a preliminary plea offer extended to defense that would require Wright to plead guilty to attempted assault with a dangerous weapon and they would not indict him on any further charges. If he continued with his hearing today that offer would expire.

Victoria Bethel, Wright’s attorney, told Judge Hildum that Wright wanted to proceed.

Prosecutors called a Metropolitan Transit Police Department (MTPD) officer who testified that he received a call on the day of the incident around seven p. m. responding to a bus fight. Once at the scene, Wright had already been detained, and the police officer noticed the victim with blood all over his face.

The officer asked the victim what had happened, but the victim did not want to elaborate. According to the police officer, detectives found video footage that the men who were “mutually combating” on the bus before stepping off. During the investigation, they allegedly found a knife handle on Wright, but no blade.

Bethel cross-examined the officer asking if the bus driver was the one who called the police, to which he answered yes. She also asked whether the bus driver’s full attention was on the fight or the road. The officer told her that the driver had stopped at the bus stop and called the police about the fight.

Bethel argued that Judge Hildum should not determine probable cause because the only eyewitness was the bus driver who was focused on driving and not the fight, just a handle of a knife was found, and there is no proof of who the initial aggressor was.

Prosecutors argued the opposite because the bus was at a complete stop when the fight happened, the handle of a knife was found, and the bloody wounds that the officers witnessed on the victim.

“Although we don’t know who started it, we know who got the worst of it,” asserted Judge Hildum as he found probable cause against Wright.

Bethel argued for release of because Wright has medical issues that are not being properly addressed at the DC Jail, including his ostomy bag to collect bodily waste and lower back pain. Wright’s father told Bethel that he also is diagnosed with post traumatic stress disorder (PTSD), bipolar disorder, and paranoid schizophrenia. Bethel believed that he would be more functional if he was back in the community.

Prosecutors argued that he be held because he stabbed someone at a bus stop, which is a busy location he is a danger to the community, particularly with his prior criminal history including assault.

Judge Hildum released Wright on 24-hour home confinement with exceptions to receive medical care and to go to court. Judge Hildum told Wright, “I will not reconsider this under any circumstances” if he violates the conditions of release.

Parties are slated to reconvene on May 5.

Judge Orders Compliance For Mental Health Stabbing Suspect

DC Superior Court Judge Deborah Israel ordered a stabbing defendant to comply with mental health release requirements in a hearing on March 24.

Edward Cox, 55, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal stabbing that occurred on the 2200 block of Savannah Terrace, SE on Dec. 2, 2025.

According to court documents, Cox allegedly stabbed his romantic partner with a box cutter while under the influence of alcohol and marijuana, accusing the victim of being unfaithful. The victim sustained one stab wound to the wrist.

Judge Israel asked Joseph McCoy, Cox’s attorney, if he had been compliant in managing his mental health, which was a requirement placed on him when he was released on Dec. 5, 2025. Cox was told to comply with any mental health recommendations from the Pretrial Services Agency (PSA).

The judge stated she received a notice of non-compliance in late January, which McCoy did not address.

Judge Israel ordered Cox to connect with urgent care for mandated mental health management. McCoy said that he would walk Cox down to the PSA in the courthouse to ensure he follows through.

Parties are scheduled to reconvene on Sept. 10.

Judge Severs Charges For Carjacking Defendant

DC Superior Court Judge Judith Pipe severed charges into two separate trials for a carjacking defendant on March 27.

Kwesi Pyne, 20, is charged with armed carjacking, assault with intent to commit robbery while armed, five counts of robbery while armed, seven counts of possession of a firearm during a crime of violence, two counts of carrying a pistol without license outside a home or business, possession of unregistered firearm, unlawful possession of ammunition, first-degree theft, second-degree theft, destruction of property less than 1,000 dollars, unlawful entry of a vehicle, unauthorized use of a vehicle during a crime of violence, and misdemeanor receiving stolen property.

The charges stem from Pyne’s alleged involvement in the following incidents:

Armed carjacking at the 900 block of Randolph Street, NW on Oct. 30, 2023,
Assault with intent to rob at the 3100 block of Mount Pleasant Street, NW on Feb. 7, 2024,
Armed robbery at the 3600 block of 16th Street, NW on Feb. 7, 2024,
Theft from auto with gun stolen on Feb. 10, 2024,
Theft on Feb. 12, 2024,
Armed robbery at the 3200 block of Mount Pleasant Street, NW on Feb. 12, 2024.

Pyne’s attorney, Bryan Bookhard, filed a motion to sever counts on Sept. 22, 2025. He argued that each incident is not related to each other, as the charges are not based on the same act or connected together. Therefore, they should not be tried under the same case.

In court, Judge Pipe said that the armed carjacking charge was very different from the others and asked the prosecutor about the weight of evidence connecting Pyne to the incident. The prosecutor said that the vehicle that was carjacked was found in the parking lot of Pyne’s apartment building.

Judge Pipe noted that Pyne lived in an apartment building and the vehicle in the parking lot did not necessarily link to his unit. Based on this, Judge Pipe felt that severance was warranted for the armed carjacking, two counts of possession of firearm during a crime of violence, and robbery while armed. Parties set a trial date for Sept. 9 for these charges.

Judge Pipe asked the parties about the evidence relating to the remaining incidents. The prosecutor said that he has stronger identity evidence for the other incidents because the description of the clothes of the perpetrator and Ring camera footage matches up.

Pyne’s attorney, Bryan Bookhard, argued that “Everybody wears Nike” in the community, so it could have been someone else on camera.

Judge Pipe decided to try the rest of the incidents under one trial because they were interconnected, because it appears that the same firearm was used for several of the incidents.

Parties are slated to reconvene on April 10.

Investigator Denies Knowing Homicide Evidence Was Destroyed

A forensic scientist who responded to the scene of a fatal shooting testified that she was not aware that evidence was destroyed during trial before DC Superior Court Judge Neal Kravitz on March 26.

Jaime Macedo, 24, is charged with first-degree felony murder while armed, two counts of possession of a firearm during a crime of violence, attempt to commit robbery while armed, and unlawful possession of a firearm with a prior conviction for his alleged involvement in a July 5, 2023 fatal shooting of 25-year-old Maxwell Emerson on the 600 block of Alumni Lane, NE on the Catholic University of America campus. Emerson sustained one gunshot wound to the abdomen.

The investigator, who works at the Department of Forensic Science (DFS), continued her testimony from the previous day. On cross-examination, she testified that she and the Metropolitan Police Department (MPD) lead detective in the case collaboratively chose to designate a laptop, Airpod case, and wallet as personal property in the case, not evidence. The lead detective has been the subject of an internal MPD sexual misconduct investigation.

Macedo’s attorney, Rachel Cicurel, asked the investigator whether she knew that the case would be investigated as a robbery when she decided to classify the items as personal. The investigator denied knowing this. Cicurel also asked whether she knew that the three items were ultimately destroyed by MPD, to which she had no knowledge.

A lieutenant and investigator for Catholic University’s Department of Public Safety said he provided surveillance video to MPD when they requested it. The prosecution asked the lieutenant to identify the geographical location of a variety of video clips that depict Macedo and Emerson walking together. Footage begins tracking Macedo and Emerson outside of the Brookland-CUA Metro station at 7:32 a. m. The pair then walked on Michigan Avenue, NE and arrived on Catholic University’s campus adjacent to Gibbons Hall just after 7:50 a. m.

Prosecutors also played a video clip that depicts Emerson tackling Macedo after which Emerson falls to the ground and Macedo allegedly flees the scene at 7:59 a. m.

On cross-examination, Macedo’s other attorney, Jessica Willis, asked the lieutenant whether there was any footage that he did not provide to MPD. The witness said that he only provided MPD with the footage from the time and location they requested.

The first responding MPD officer testified his body-worn camera was activated and working properly when he arrived at the scene. The prosecution played a clip of the officer’s arrival in which he is heard telling someone over the phone that the victim was being loaded into an ambulance.

Willis confirmed that there were campus police officers already on scene when the MPD officer arrived.

An analyst for the US Secret Service testified to extracting data from Emerson’s phone using specialized data collection software. The prosecution presented select pages of the extraction report to the jury. The analyst confirmed that each item pointed out had the unique identification number of the phone in question.

During cross-examination, Willis confirmed with the analyst that the phone records included a Starbucks receipt from the day prior to the shooting. The defense previously questioned Emerson’s mother about whether he went to Starbucks and left their group on this day.

The prosecution called four separate witnesses that manage surveillance camera footage for establishments around Catholic University. All of them provided MPD with requested footage.

One of the witnesses, who works at the Dominican House of Studies, identified footage that shows the parking lot of the building. In a clip played for the jury, a person said to be Macedo can be seen running into this lot.

In other clips played for the jury, Macedo walked towards the Brooklyn Metro station around 7:40 a. m. the morning of the incident. In all these clips Macedo was allegedly identifiable by the bright red Crocs shoes he was wearing.

Parties are slated to reconvene on March 30.

Defendant Accused of Killing Wife Waives Right to DNA Testing

A man charged for allegedly killing his wife waived his right to independent DNA testing before DC Superior Court Judge Danya Dayson on March 26.

Charles Terry Jr., 61, is charged with first-degree murder for allegedly strangling and beating his wife, 39-year-old Lennette Clark, in their home while their two children were present. The incident occurred on Jan. 30, 2023 on the 1500 Block of Anacostia Avenue, NE.

Judge Dayson asked prosecutors to list physical evidence that could be tested for DNA. According to the prosecution, the Department of Forensic Sciences (DFS) issued a collection report and the Crime Scene Services unit (CSS) produced evidence logs.

These documents list the physical evidence from the crime scene that could be tested for DNA. The items listed include a blood card, nail clippings, sexual assault kit, vehicle, vehicle parts, keys, cards, shorts, other clothing items, wet and dry swabs from vehicle parts, and parts of a knife.

As of the hearing, prosecutors had not tested any of the evidence but said they might. Under the Innocence Protection Act (IPA), defendants have the right to independently test DNA. Judge Dayson accepted Terry’s waiver of these rights.

Parties are slated to reconvene on May 29.

‘He Was Not Just a Cousin, But a Brother,’ Victim’s Cousin Testifies on First Day of Trial

Family members and a friend of three fatal crash victims testified during the first day of trial before DC Superior Court Judge Rainey Brandt on March 24.

Nakita Walker, 46, is charged with three counts of second-degree-murder, assault with a dangerous weapon, and fleeing a law enforcement officer for her alleged involvement in a March 15, 2023 car crash that fatally injured 43-year-old Mohamed Kamara, 23-year-old Jonathan Alberto Cabrera Mendez, and 22-year-old Olvin Josue Torres Velasquez on Rock Creek Parkway.

Velasquez’s first cousin was called as a witness, emotionally describing him as a “hardworking man” who took care of her and the rest of his family.

“He was not just a cousin, but a brother,” she said.

A close friend of Kamara’s represented him as “hardworking and just persistent,” chronicling how Kamara left Sierra Leone for the US to financially support his young daughter, wife, and nine siblings. The night of the crash, Kamara was driving for a ride share service, while Mendez and Velasquez were passengers.

Menendez’s mother described her son as her “right hand” in taking care of their family. She explained that he and Velasquez were friends whose families lived in the same building.

Walker and members of the jury were visibly emotional during the testimonies from the victims’ families.

In the prosecution’s opening statement, they characterized the crash which “broke [the victims’] bodies” as the consequence of Walker’s alleged intake of alcohol and marijuana, as well as the car’s high rate of speed.

“The death of these three people is the consequence of this choice – these choices,” the prosecution said.

In contrast, Walker’s attorney, Albert Amissah, said the crash was “an accident” that was neither “malicious” nor “intentional.” In his opening statement, Amissah focused on discrediting a key prosecution witness, Walker’s ex-boyfriend and passenger in her vehicle during the crash. Amissah called him “not reliable, not credible, and not trustworthy,” alleged that he had a firearm on him, and questioned why he ran from the scene of the crash.

“Why leave if you’re innocent,” Amissah said.

The prosecution called a US Park Police officer, who said he stopped Walker’s black Lexus around a minute before the crash for driving “faster than highway speed” and not stopping at a red light. The officer testified that he observed what appeared to be alcohol in the vehicle when conducting the traffic stop. Amissah asserted the alcohol was solely being consumed by the other passenger. The officer also retrieved marijuana from the passenger.

The Park Police officer testified that Walker told him she had been speeding to get home to her 10-year-old son who was home alone. However, as he asked for both Walker and the passenger’s IDs for the second time, Walker drove off. The officer testified that due to policy, he was not able to chase after the vehicle.

The Park Police officer said that between 47-seconds-to-one-minute after, he received a call for a crash and responded to the scene, identifying Walker as the driver.

On cross-examination, Amissah questioned the officer about his process in locating the other passenger and asked why he fled the scene. The officer explained that he issued a lookout for the passenger at the crash scene and after the individual was located by another officer, he identified him. The passenger, Walker’s ex-boyfriend, was detained but never placed under arrest.

Amissah also asked the officer whether there was a Modelo beer bottle found in the vehicle the victims were in, which the officer confirmed.

Another witness who works for the US Park Police was designated as an expert in crash reconstruction. The expert used model cars to recreate what he believed to be the direction of the crash. He based his analysis on pavement marks on the scene and debris on the Lexus’ tires.

While Amissah asked the expert if gouges in the pavement could be caused by the driver breaking, the expert ultimately said this was “very unlikely.”

The prosecution also called a Metropolitan Police Department (MPD) officer who responded to the crash scene. The prosecution showed the jury his body-worn camera footage that showed him assessing the Honda that the victims were in. In the video, the officer noted that the victims appeared to have already succumbed to their injuries.

Parties are slated to reconvene on March 25.

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