Judge Allows ID Evidence in Stabbing Case

DC Superior Court Judge Heidi Pasichow denied a motion to suppress evidence in a stabbing defendant’s case at an Oct. 2 motion hearing.

Warnell Reams, 57, is charged with assault with a dangerous weapon and obstruction of justice for his alleged involvement in a stabbing on June 5 on the 200 block of Vine Street, NW. One person sustained injuries.

According to court documents, Reams allegedly met the victim to get drugs. He returned sometime later to the scene because believed he was not given all the drugs he paid for. After an argument, Reams allegedly stabbed the victim twice in his left arm and once in the left side of his abdomen.

Metropolitan Police Department (MPD) officers went to the hospital so that the victim could identify the suspect. They used a photo array consisting of nine individuals. The victim picked out an individual he identified as the suspect, and called him by his nickname and legal name.

During the motion hearing, Reams’ defense attorney, Michelle Lockard, requested to suppress the identification on the grounds of due process, citing the procedures conducted by MPD were unnecessarily suggestive and unreliable.

According to Lockard, it was suggestive because, as the officer was holding the photo array, he had his thumb next to the suspect.

She also said it was unreliable because the officer ad-libbed the instructions he gave to the victim about the procedure as opposed to precisely explaining it. She also argued the officer refused to let the victim look at the photo array again after identifying the suspect.

The prosecution objected arguing the approach was not unduly suggestive because the officer only rejected the request to see the photo array after the victim positively identified the suspect twice.

The prosecutor further argued that it would have been impossible for the detective to point the victim toward a certain individual because Reams was not believed to be the suspect at the time.

Judge Pasichow denied the motion, arguing the line up is reliable due to the knowledge the victim had about the individual he picked out. Judge Pasichow also stated that there was nothing unduly suggestive about the process as a whole.

Parties are expected to return to court on Oct. 3.

Probation Officer Says Non-Fatal Shooting Defendant Violates Release Terms

An officer with the Pretrial Services Agency told DC Superior Court Judge Erik Christian that a non-fatal shooting defendant had allegedly violated his probation terms. The complaints came in an Oct. 3 hearing.

Ivan Holmes, 19, was convicted of carrying a pistol without a license and unlawful discharge of a firearm for his involvement in a non-fatal shooting on the 1500 block of 1st Street SW on Aug. 18, 2023. No injuries were reported.

Holmes pleaded guilty to all charges on Nov. 29, 2023 and was sentenced to 24 months of incarceration, with 21 suspended, two years of probation, and three years of supervised release.

On Sept. 20, a Community Supervision Officer (CSO) entered an order to show cause due to possible violations of Holmes’ probation.

During the hearing, the officer said that the defendant had been at a location where the Metropolitan Police Department (MPD) allegedly found weapons which had not been disclosed to the probation officer. Furthermore, the representative also said that Holmes had been seen with an individual who was in possession of a weapon.

The representative added that these violations are serious and they come with potential consequences.

CSO also added that there was a failure in reporting for drug testing, but that Holmes has started with his required community service hours.

Holmes’ attorney, Thomas Healy, informed Judge Christian that Holmes has been compliant with drug testing.

Judge Christian reminded Holmes of the importance of complying with all his probation terms.

No follow-up hearing has been scheduled.

Shooting Defendant Waives Right to Independent DNA Testing

A shooting defendant waived the right to independently test DNA evidence recovered at the crime scene before DC Superior Court Judge Erik Christian on Oct. 3.

Larry Carr, 20, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, five counts of possession of firearm during crime of violence, possession of unregistered firearm, and carrying pistol without a license outside home or business, for his alleged involvement in a shooting on Oct. 22, 2023, on the 100 block of Riggs Road, SW. One individual was injured.

At the hearing, the prosecution told the court about evidence that was collected from the crime scene, including a shell casing and a gun shaped skull knife. The prosecution stated no DNA testing has been done.

Carr’s defense attorney, Teresa Kleiman, informed the court that Carr decided to waive his right to independent DNA testing.

Parties will reconvene on Nov. 21.

Carjacking Defendant Pleads Guilty to Kidnapping

A carjacking defendant accepted a plea deal before DC Superior Court Judge Erik Christian on Oct. 3rd.

Kevin Weaver Jr., 32, was originally charged with unarmed carjacking of a taxicab driver, kidnapping of a senior citizen, and threat to kidnap or injure a person for his involvement in a carjacking that occurred on Sept. 10, 2023, at the intersection of 7th and Monroe Streets, NE. No individuals were harmed.

During the hearing, Weaver’s defense attorney, Jay Mykytiuk, informed the court that Weaver would plead guilty to kidnapping and threat to kidnap or injure a person, in exchange for a dismissal of all other charges.

Parties are scheduled to reconvene on Dec. 10 for sentencing.

Bullet Casing Evidence Questioned In A Jury Trial

During witness testimony Oct. 2 parties clashed on bullet casing location with the defense questioning if the evidence pertains to the shooting.

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

Chase allegedly shot Orr and drove to Maryland where he attempted to hide and burn the suspected vehicle on private property. Eyewitness testimony proved Chase tried to break into a house in Maryland and hid evidence in their shed.

A police officer previously testified that Chase was taken into custody in Maryland due to two outstanding warrants.

Testimony was heard from a forensic scientist who collected the physical evidence from the shooting – including glass debris, the bullet and its fragments, suspected blood, and bullet casings. Imaging of the crime scene was also presented to the jury.

During the cross-examination, defense attorney Julie Swaney questioned the witness regarding a bullet casing, which was found across the street from all the other evidence in the intersection of the crime.

Swaney argued that the casing was likely not a part of this crime scene because it was located across the street from the crime scene and was not squished by a vehicle.

This is plausible especially as the murder weapon was never recovered, Swaney said.

After the shooting, Chase allegedly drove the car into the woods in Maryland.

A police officer, who was the first to report the vehicle, also testified in court. The prosecutors displayed photographic evidence of the vehicle in the woods.

The officer testified that when he located the vehicle, he ran the plate and found it was owned by a rental car company. In communication with them, he found that it was rented by Chase in the days leading to the shooting. Nothing valuable was found inside the vehicle.

After Chase abandoned the car, the officer testified, he allegedly trespassed onto private property.

A 911 phone call was played for the jury of the homeowner reporting Chase. The homeowner said Chase exhibited erratic behavior– walking without purpose and dancing in the cold.

The homeowner later called investigators a couple of days later when he found Chase’s belongings on his property.

Parties are set to reconvene on Oct. 7.

Shooting Defendant Accepts Plea Deal

A shooting defendant accepted a plea offer extended by prosecutors before DC Superior Court Judge Robert Okun on Oct. 2.

Reginald Hughes, 29, was originally charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and carrying a pistol without a license for his involvement in a shooting that left a victim paralyzed. The incident occurred on Jan. 26, 2022, on the 700 block of Bonini Road, SE.

During the hearing, Molly Bunke, Hughes’ attorney, said he was accepting the deal, which required him to plead guilty to aggravated assault knowingly while armed in exchange for a dismissal of all other charges.

Through the deal, parties agreed to a sentence of 10 years of incarceration.

The parties are set to reconvene Jan. 10, 2025.

Shooting Defendant Rejects Plea Offer

A shooting defendant declined a plea offer during a hearing on Oct. 3 before DC Superior Court Judge Jason Park.

Demarco Bates, 19, is charged with two counts of assault with a dangerous weapon and two counts of unlawful possession of a firearm for his alleged involvement in a non-fatal shooting that occurred on April 10 on the 2700 block of Langston Place, SE. Two individuals sustained injuries during the incident.

During the hearing, Bates’ defense attorney, Alvin Thomas, affirmed his client’s decision to reject the prosecution’s plea offer during the hearing. If accepted, Bates would have pleaded guilty to the assault and firearm possession charges in exchange for the prosecution not seeking an indictment.

According to the prosecution, they are seeking more serious charges, including assault with intent to kill while armed, which would transfer the case from the Felony 3 calendar to the Felony 1 calendar, which may impact the previously scheduled trial date for January.

A status hearing is scheduled for Nov. 14.

Murder Defendant Request for Release Denied

DC Superior Court Judge Marisa Demeo denied a homicide defendant’s request to be released under location monitoring on Oct. 2.

Tremon Jackson, 21, is charged with second-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the murder of 20-year-old Charles Towles on the 1400 block of L Street, SE that occurred on Nov. 4, 2023.

According to court documents, video footage reveals Towles waiting outside a building when two suspects arrive. While footage does not clearly capture the actions of one of the suspects, it shows Towles engaging in a physical altercation with one of them. Moments later, the second suspect shot Towles before both suspects fled the scene.

Russell Hairston, Jackson’s attorney, requested that Jackson be released under global positioning system (GPS) monitoring.

However, the prosecution rebutted, referencing a prior hearing in which Judge Demeo ruled to maintain Jackson in custody.

Citing the lack of changed circumstances since that hearing, Judge Demeo denied the request.

Parties are set trial in January 2026.

They are slated to reconvene for the next hearing on Jan. 10, 2025.

Defendant’s Phone Activity Examined During Murder Trial

Prosecutors presented a homicide defendant’s internet searches from days leading up to a murder before DC Superior Court Judge Marisa Demeo on Oct. 2.

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

Burns and Tyre Allen, 24, are also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of the due administration of justice. The charges stem from their alleged involvement in persuading and intimidating a witness who gave their testimony in Burns’ original trial.

The prosecution recalled a special agent to the stand to testify about Burns’ phone activity leading up to the shooting.

According to the agent, days before the murder, Burns conducted web searches including, “Are you capable of killing your best friend?”, “What does it feel like to kill someone?”, and “what does the Bible say about killing?”

A couple of days later, the agent testified, Burns also conducted searches including, “How much is PCP and is it worth it?” and “Two men sentenced to prison for PCP ring.”

On the day of the murder, the agent testified, Burns conducted a search for a movie titled “Paid in Full,” which is about a group of friends who become involved in the drug trade.

“When I do what I’m going to do I’ll explain later. Just don’t think of me different,” he texted a family member right before the murder, according to the agent.

The prosecution has previously claimed that the evidence is relevant because Paid In Full is a movie in which a drug dealer kills his partner over a drug money related conflict. Burns is being accused of killing Osuchukwu over the profits of their shared drug deals.

Parties are slated to reconvene on Oct. 3.

Co-Defendants in Shooting Case Accept Plea Deals

Two co-defendants accepted plea deals extended by the prosecution in front of DC Superior Court Judge Robert Salerno on Oct. 3.

Rasheed Thorne, 21, and William Walker, 22, were originally charged with assault with a dangerous weapon for their involvement in a shooting that injured an off-duty police officer on May 20 on the 600 block of Oglethorpe Street, NW.

Thorne was also charged with possession of a firearm during a crime of violence, while Walker faced charges for fleeing law enforcement.

According to court documents, Walker was driving a vehicle which reportedly began driving erratically in front of the off-duty police officer. The victim, turned on the dash cam and began recording the defendant’s vehicle before pulling into an alley.

Thorne emerged from the car and fired at the victim, shattering the victim’s windshield and sending shards of glass into the victim’s eyes and forehead, according to court documents and prosecutors. The victim reported what happened to police, who located the vehicle, which was still on the road. Officers pursued the vehicle, which began driving recklessly and eventually crashing.

During the hearing, Janai Reed, Thorne’s attorney, alerted Judge Salerno that Thorne was accepting a deal that required him to plead guilty to assault with a dangerous weapon and possession of a firearm during a crime of violence in exchange for the prosecution not seeking an indictment.

Likewise, Howard McEachern, Walker’s attorney, said his client would be accepting a plea deal that required him to plead guilty to fleeing law enforcement in exchange for the prosecution not seeking an indictment.

Reed and McEachern also asked Judge Salerno to consider release conditions pending sentencing. Judge Salerno denied the requests given that both defendant’s actions are on the extreme end of the charges brought against them.

Parties are set to reconvene for sentencing on Nov. 22 for Walker, and Dec. 9 for Thorne

Victim Credibility Questioned During Closing Statements in Shooting Trial

Prosecutors asserted Oct. 1 that a defendant accused of driving a vehicle where shots were fired from is “just as guilty as if he fired the weapon himself,” during closing statements before DC Superior Court Judge Rainey Brandt.

Jamal Coleman, 32, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed for his alleged aiding and abetting role as the driver in a May 4, 2023, shooting on the 4600 block of Polk Street, NE in which one victim was injured.

Parties delivered closing arguments, during which Carrie Weletz, Coleman’s attorney, insisted that the “[victim] was not forthcoming at any point” of the entire investigation.

She added the victim could not make a positive identification that Coleman was the driver of the vehicle bullets sprayed from. Weletz recalled the victim’s testimony in which he stated, “it was dark inside the car, I couldn’t see who was driving” and “I was focused on the gun.”

Weletz claimed the prosecution wants the jury to “make a leap in logic,” to fill what she deems are holes in their theory.

The prosecution acknowledged the defense’s argument that the victim was not forthcoming, but added that in the hours following the shooting “he was in pain … he was trying to answer questions to the best of his ability … his focus … was to get help.”

Following closing statements, Elizabeth Weller, Coleman’s other attorney, filed a motion for judgment of acquittal, stating the prosecution had not submitted enough evidence to determine if Coleman had intent to harm the victim.

Weller also argued Coleman should be acquitted because the victim’s testimony was inconsistent enough to be unable to conclude Coleman was the driver.

Judge Brandt, looking at the evidence in the light most favorable to the prosecution, denied the motion, arguing that when Coleman reported his car missing later on May 4, he told police he was driving around the time of the shooting. That, combined with Coleman’s car GPS showing the vehicle in the vicinity of the shooting at the correct time, establishes that Coleman could have been the driver, which was not a difficult connection to make.

“It’s a reasonable inference,” Judge Brandt said.

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

‘I Am Not Guilty,’ Claims Carjacking Defendant in Trial

On Oct. 2, DC Superior Court Judge Judith Pipe and a jury heard testimony from a carjacking defendant who said he was only trying to help during the incident.

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

According to court documents, a rideshare driver hit another individual on a bicycle with his vehicle and continued to drive down the street. After stopping the man in the car, the cyclist forced the driver out of his car, before stealing his vehicle with two passengers inside.

According to prior testimony, the man who drove away with the car in surveillance footage was not Robinson. Police have still not been able to identify the individual, but Robinson was present in the video and seems to be shown aiding the driver.

During the hearing, Martin Rosendorf, Robinson’s attorney, called the defendant to testify.

According to Robinson, he was just trying to help intervene between the lyft driver and the individual who had just gotten hit on his bicycle. He testified he saw the incident occur from a nearby bus stop and wanted to make sure nothing escalated between the two and that the individual on the bike received compensation for being hit.

“I never carjacked anyone,” Robinson said he told police at the scene. He testified he was confused as to why he got arrested.

The rideshare driver, and owner of the stolen vehicle, through a language interpreter, recounted what had happened on May 26. The driver said that although he did not know what the individuals were saying after the incident, he could read their tone as “aggressive”.

The driver testified that after he accidentally hit the man on the bicycle, two men approached his car, leading to an escalation of the situation and the eventual theft of his vehicle.

The driver provided an in-court identification of Robinson as one of the men at the scene, but not the individual who drive away with his vehicle. He stated that Robinson did in fact seem to be helping him, but got aggressive with him as well.

Prosecutors also called on an eyewitness to the crime. He was one of the individuals inside the rideshare vehicle as the incident occurred.

According to the witness, one of the men that approached the vehicle told the driver “you just hit my little ‘cuz,” and told the driver he needs to give anything for compensation.

This witness also provided an in-court identification of Robinson being one of the men at the scene, but unlike the victim of the carjacking, he identified him as a suspect.

Trial is set to continue on Oct. 7.

Shooting Defendant Faces Probation Revocation Due to Noncompliance

On Oct. 2, DC Superior Court Judge Judith Pipe delayed a ruling on a shooting defendant’s probation revocation due to his new arrests in two other jurisdictions and a possible outstanding warrant.

On Oct. 22, 2021, Cesar Morales, 29, was convicted of assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of a firearm, prisoner escape and possession of an unregistered firearm/unlawful possession of firearm or destructive device. These charges stem from his alleged involvement in a non-fatal shooting on the 3000 block of 14th Street, NW on Aug. 25, 2017.

During the hearing, the prosecution requested for the original sentence to be imposed because of the numerous re-arrests and a long history of criminal activity. They cited his probation officer’s statements that he has pending cases and an outstanding warrant in two other jurisdictions.

Bruce Cooper, Morales’ attorney, requested his probation be terminated and deemed unsuccessful.

Judge Pipe ordered a continuance of this hearing in order to gather more information on the cases outside of this jurisdiction before making any concrete decisions.

A bench warrant, issued by DC Superior Court Judge Lynn Leibovitz on May 15, was executed on Oct. 1 for Morales as he had failed to appear for his probable show cause hearing.

Parties are set to reconvene on Oct. 9.

Judge Reinstates Defendant’s Original Sentence For Homicide Committed During Probation

DC Superior Court Judge Errol Arthur reinstated a shooting defendant’s original sentence during a hearing on Oct.1.

On March 4, 2019, Tyiion Freeman, 22, was convicted of assault with significant bodily injury for his involvement in a shooting on the 600 block of Park Road, NW on Dec. 20, 2017.

He was sentenced to 18 months, with all of it suspended under a Youth Rehabilitation Act (YRA). As part of the sentencing, he was required to successfully complete 24 months of probation in order to have the conviction sealed under the YRA.

However, he failed to comply with the conditions of probation. He was charged in connection to a conspiracy and murder case for the death of 13-year-old Malachi Lukes on March 1, 2020.

He was recently convicted and sentenced to 108 years of incarceration for the murder.

During the re-sentencing in the non-fatal shooting case, Judge Arthur revoked his probation due to violations and imposed his original sentence of 18 months to run consecutively to other sentences. He is also required to serve three years on supervised release.

No further dates were set.

Shooting Defendant Requests Judge Reconsider Release

DC Superior Court Judge Rainey Brandt delayed a ruling regarding a defendant’s motion for release to allow the prosecution time to respond in writing on Oct. 2.

Santos Duarte, 24, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on July 5 at a restaurant and bar on the 3500 block of 14th Street, NW. One victim, the owner of the establishment, suffered a gunshot wound to the leg.

During the hearing, Judge Brandt alerted Jonathan Lanyi, Duarte’s defense attorney, that he needs to file his motion for reconsideration of release in writing, and allow the prosecution time to respond.

Lanyi also requested more time to discuss the details of a plea deal that was extended by the prosecution with Duarte.

According to Lanyi, the plea would require Duarte plead guilty to aggravated assault while armed, possession of a firearm during a crime of violence, and assault with intent to kill, in exchange for the prosecution not seeking an indictment.

Parties are slated to reconvene Nov. 8.

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