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Defense Questions Sobriety Tests in Vehicular Homicide Case

Defense counsel questioned whether a blood alcohol test was taken without a murder defendant’s consent during a July 26 trial before DC Superior Court Judge Robert Okun.

Nakita Walker, 44, is charged with three counts of second-degree murder for allegedly crashing into a car occupied by Mohamed Kamara, 43, Johnathan Alberto Cabrera Mendez, 23, and Olvin Josue Torres Velasquez, 22, on March 15, 2023, on Rock Creek Parkway near the intersection of 26th Street and P Street, NW. Walker is also charged with assault with a dangerous weapon and fleeing from an officer.

Albert Amissah, Walker’s attorney, requested asked to consult an expert on how Walker’s blood was handled in testing. 

Judge Okun said technical hearings would be required to determine how the specimens were taken and whether to exclude blood alcohol results.

According to court documents, Walker was originally stopped by a police officer for recklessly driving on Rock Creek Parkway, before she allegedly fled a police stop when confronted for allegedly possessing illegal substances. She then allegedly crashed into the vehicle occupied by the victims. Walker’s blood alcohol level was reported to be well beyond the legal limit. 

Walker’s passenger, her estranged husband, told an investigator at the hospital that she wasn’t drinking because she was already “lit” and that she gets tipsy quickly, according to court documents.

Investigators found three prior arrests for Walker driving under the influence within DC.

The trial is estimated to last for six days starting Aug. 12.

Murder Defendant Considers Prosecution’s Plea Offer

A fatal shooting defendant was extended a plea offer before DC Superior Court Judge Robert Okun in a July 26 hearing. 

Antwain Ulmer, 19, is charged with premeditated first-degree murder while armed for his alleged involvement in the fatal shooting of 30-year-old Charles Sullivan on July 9, 2023, on the 700 block of Kenilworth Avenue, NE. 

The deal requires the defendant to plead guilty to premeditated murder while armed, assault with intent to kill while armed, possession of a firearm during the crime of violence, and carrying a pistol without a license outside of his home or business. He would spend 18 years in prison and one year of supervised release.

In exchange, the prosecution would dismiss all other charges.

Parties are set to reconvene on Jan. 10.

Witness’ Mental State an Issue in Decades-Old Murder Case

Counsel questioned whether a witness diagnosed with dementia could testify in a murder trial from three decades old.  Complicating matters, the witness is out of state and counsel will need to travel to be present for the interview.

Sheila Brown, 66, is charged with second-degree murder and obstruction of justice in the shooting of Noman Rich, 34. The homicide took place on March 28, 1990, on the 500 block of M Street, NE. According to court documents, the killing was domestic in nature.

Brown was taken into custody in Annapolis, Md. by local police and the US Marshal’s service on March 27, just one day short of the 34 anniversary of Rich’s death.

DC Superior Court Judge Robert Okun issued an order for a new deposition date while a doctor determined how to support the mentally impaired witness.

During the hearing, the parties asked Judge Okun if they would “fall in a legal hole” by trying to refresh the memory of another witness to Rich’s autopsy from 34 years ago.

The prosecution and doctor assigned to the case said they don’t know the exact rate of mental and physical decline for the impaired witness. However, they said they do know that she has now been diagnosed with the condition since April.

Brown’s defense attorney, Thomas Healy, said he found it “inappropriate” that the prosecution was asking for another date for the pending deposition after extensive discussion of the matter. 

“It’s a shame” said Healy that the prosecution didn’t extend the courtesy of letting him know since he already scheduled travel dates for the deposition.

The judge is slated to issue an order outlining available timeline for necessary travel.

The next hearing is scheduled for Oct. 18.

Lack of Plea Offer Leaves Defense ‘Bewildered’

The prosecution told the court they wanted to give a murder victim’s family more time to discuss a plea offer after the defense counsel requested a reason for the delay.

Jaime Macedo, 23, is charged with felony murder while armed, robbery while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his involvement in the fatal shooting of Maxwell Emerson, 25, on July 5, 2023. The incident occurred at Catholic University, located on the 600 block of Alumni Lane, NE.

At the hearing, Macedo’s defense attorney, Jessica Willis, said she was “bewildered” that a plea offer hasn’t been extended to her client.

Willis also asked for additional information about why an order for DNA evidence given to the assigned detective “didn’t seem prioritized.”

The prosecution said the ten day order wasn’t long enough for the detective to do the job.

DC Superior Court Judge Robert Okun reissued an order for a 20 day extension including language to allow the defense to be present during collection. 

Parties are slated to reconvene on Nov. 22.

Document: MPD Investigating Fatal Crash in Southeast

The Metropolitan Police Department (MPD) is investigating a fatal crash, that led to the death of 34-year-old Taneisha Parker, which occurred on July 28 on the 5200 block of East Capitol Street, SE.

MPD announced the arrest of 39-year-old Terrance Gordan, who is charged with leaving after colliding and unlawful entry. Additional charges are pending further investigation.

Shooting Defendant’s Sentencing Delayed a Second Time

DC Superior Court Judge Errol Arthur continued a sentencing for a shooting defendant following an issue with the pre-sentencing report on July 29. 

David Walls, 38, pleaded guilty to kidnapping while armed and two counts of assault with a dangerous weapon for his involvement in a shooting incident on April 10 and 13 on the 2700 block of 30th Street, SE. No injuries were reported. 

According to court documents, Walls was involved in an incident on April 10 where he hit a victim, identified as his ex-girlfriend in the face while holding a gun, and attempted to abduct her. 

Walls allegedly returned on April 13 to shoot his ex-girlfriend and her boyfriend, missing them but striking the front door to a building, according to court documents. 

During the hearing, Judge Arthur raised an issue with the pre-sentencing report, in which Walls said he did not attempt to shoot at the victim despite having previously pled guilty in court. 

Under oath, Walls told Judge Arthur he was responsible for the incident and wanted to proceed with the sentencing. 

Due to Walls’ defense attorney, Marnitta King’s working on another trial Judge Arthur continued the hearing.

According to court documents, this is the second time Walls’ sentencing has been continued. The last occurred on July 22 also because King was unable to attend due to a scheduling conflict.

Parties are expected to reconvene July 30 for sentencing.   

Jury Convicts Man for Murdering His Child’s Mother

A jury in DC Superior Court Judge Maribeth Raffinan‘s courtroom convicted a homicide defendant of all charges in connection to his child’s mother’s murder on July 26. 

Keanan Turner, 35, was convicted of two counts of first-degree murder while armed with aggravating circumstances, aggravated assault knowingly while armed, assault with intent to kill while armed, second-degree cruelty to children, first-degree attempted murder against a minor, four counts of possession of a firearm during a crime of violence, destruction of property, carrying a pistol without a license, and arson. 

He was acquitted of tampering with physical evidence. 

The charges relate to his involvement in the fatal shooting of Ebony Wright, 31, and her mother, Wanda Wright, 48, on the 2300 block of Good Hope Court, SE on April 12, 2021. 

According to court documents, Turner is the father of Ebony’s child, who was an infant at the time of the shooting. The child survived the incident.

Through the trial, prosecutors utilized evidence, including a surviving victim’s testimony and surveillance footage, to show the jury Turner’s involvement in the incident. 

Most notably, prosecutors called on Ebony’s sister, who identified Turner as the shooter, and gave insight into the motive behind the shooting. According to the sister, Turner had gone over to Ebony’s apartment to meet their child for the first time, despite having told Ebony to get an abortion while she was pregnant. 

Before Turner fled the scene, Ebony’s sister told the jury, he set a pile of documents on fire. 

The jury delivered a guilty verdict hours after deliberations began. 

Parties are slated to reconvene Oct. 18 for sentencing. 

Homicide Defendant Sentenced to 12 Years in Prison

A homicide defendant decided to take a plea deal on July 27. He was sentenced to 12 years in prison after already serving nine years.

George Edwards, 34, was charged with first-degree murder while armed, four counts of assault with intent to kill while armed, and five counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 28-year-old Reginald Perry on Nov. 7, 2015, on the 1700 block of 8th Street, NW. 

Nearly nine years ago, Edwards initially accepted a deal in which he pleaded guilty to second-degree murder while armed, in exchange for a dismissal of all other charges. At the time Edwards was sentenced to 24 years of incarceration with five years of supervised release.

 In 2016, Edwards motioned to withdraw his guilty plea.  In 2023, the DC Court of Appeals ruled that Edwards had the right to do so.

After spending nearly nine years in prison, the case was scheduled to be retired. However, Edwards decided to accept another plea deal for voluntary manslaughter while armed. The maximum sentence for the charge was 15 years in prison. 

At sentencing, Perry’s mother read her victim impact statement via WebEX to DC Superior Court Judge Michael O’Keefe. She said Edwards should receive the maximum sentence and Edwards was “flexing hard [when he committed the murder] and now [he was] running scared because [he was] facing extra time.” 

She said Edwads was behaving like “such a punk and a sissy” for not being able to do the time. Perry’s mother told Edwards he was “not all that and a bag of chips, [he was] a menace to society.” 

“Judge, I know it may not be easy for you, but it is to me. So please sentence George Edwards to the maximum time as he gave Reginald the maximum,” Perry’s mother said.

Perry’s wife wrote a letter in which she described the regret she feels for not letting their son attend Perry’s funeral as she didn’t want that to the last memory of his father.

“There’s nothing worse than drowning in tears,” she said. 

The prosecution argued for the maximum sentence, describing Perry as a victim of “an awful, earth shattering crime.” 

The prosecutor said the  gun violence that took Perry’s life is common in the District of Columbia, and the court needed to send a clear message it won’t be tolerated. 

Edwards’ defense attorney, Michael Bruckheim, acknowledged Edwards actions were based “on an obviously misguided belief of protecting his family. But, Edwards “was wrong. And he knows his actions have devastated the Perry family.” 

Bruckheim argued for 12 years since during the past nine years Edwards has had no disciplinary issues with the remaining three years suspended and supervised release. 

Bruckheim emphasized that Edwards used the time he had already spent incarcerated wisely to better himself. 

Bruckheim said Edwards has employment and a home waiting for him once he is released and that he plans to work at a non-profit that works to prevent the same type of violence and mistakes that Edwards made. 

Edwards told Judge O’Keefe that  “as [he] sat down for the past nine years, [he] began to reflect on [him]self.”

“A smart man learns from his mistakes, a wise man learns from the mistakes of others,” Edwards told Judge O’Keefe, explaining that he wanted to use his own mistakes as a guide for others to learn from. 

Along with his remaining three years, Edwards will also serve five years of supervised release. I “hope that this brings some peace for everybody,” Judge O’Keefe said.

Phone Records Evidence Delays Homicide Trial

DC Superior Court Judge Marisa Demeo delayed a homicide trial by a day due to the prosecution’s last minute submission of evidence, during a July 29 hearing. 

Darius Anderson, 23, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and two counts of carrying a pistol without a license for his alleged involvement in the fatal shooting of Israel Mattocks, 30, on June 15, 2022, on the 3900 block of Minnesota Avenue, NE. 

In what was supposed to be the start of jury selection, Wole Falodun, Anderson’s defense attorney, alerted the court that the prosecution had presented more than 60,000 pages of telephone communications from the two phones found on the victim and two phones allegedly on Anderson during his arrest less than 24 hours before trial was supposed to begin.

According to the prosecution the evidence has been in their possession since last year, but they had yet to disclose it. Therefore, Falodun argued for a mistrial, stating that the prosecutors could have provided the evidence months ago, and failed to do so.

Judge Demeo denied the motion for a mistrial, but granted a one day continuance for Falodun to review the documents and finalize preparations for trial. 

Parties are slated to return on July 30.

Shooting Defendant Requests Dismissal for Missed Indictment, Despite Agreeing to Delay

A shooting defendant requested DC Superior Court Judge Errol Arthur dismiss an indictment on July 29, citing the prosecution’s failure to meet the nine-month deadline despite previously agreeing to extend the date.

Marvin Smith, 31, is charged with aggravated assault knowingly while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict for his alleged involvement in a shooting incident on March 22, 2022, on the 2400 block of Elvans Road, SE. One individual sustained life-threatening injuries.  

According to court documents, an individual identified as Smith shot the victim three times, once in the left knee and twice in the right lower leg who later recovered at the hospital. The victim told the police he was in the wrong place at the wrong time. 

During the hearing, Smith’s defense attorney, Janai Reed, said Marvin requested dismissal because he was indicted 14 months after the incident occurred. Under DC law, most cases must be indicted within nine months of the defendant’s arrest. However, the time frame can be extended if the parties agree.

She called this indictment “insufficient” because it took so long to come through.  

The prosecution said Smith has been “tolling” time, stating he requested many postponements during previous hearings and agreed to delay the deadline.  

Judge Arthur instructed Reed to file a motion in writing. 

The prosecution also said they had extended an offer to Smith, which requires him to plead guilty to assault with a dangerous weapon, possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict, in exchange for a dismissal of the aggravated assault knowingly while armed charge. 

Reed alerted the court she needed additional time to discuss the offer with Smith. 

Parties are set to reconvene on Aug. 23. 

‘You Cannot Get Yourself Under Control,’ Judge Says to Stabbing Defendant

DC Superior Court Judge Heidi Pasichow sentenced a stabbing defendant to four years in prison on July 26.

On May 13, Carlton Warren, 59, accepted an offer from the prosecution, which required him to  plead guilty to aggravated assault knowingly while armed for his involvement in a stabbing on Oct. 24, 2023, at the intersection of 34th Street and Wisconsin Avenue, NW, while on a Metro bus. One victim sustained life-threatening injuries during the incident. 

In exchange for his guilty plea, the prosecution agreed to not seek an indictment on greater charges. 

According to court documents, Warren stabbed the victim after getting into a verbal argument leading to a punctured lung, punctured diaphragm and a laceration to his spleen which required emergency surgery.

During the hearing, the prosecution requested Judge Pasichow sentence Warren to five years in prison to reflect the “seriousness” of his crime. They also argued there is a “need to protect the community” since Warren did not know the victim before the incident. 

Warren’s defense attorney, Howard McEachern, said Warren attacked the victim after he called him the “n-word” and was defending himself. McEachern requested Warren serve two years in prison.  

In his statement to the court, Warren apologized to the victim, and stated he was homeless from 1998-to- 1999 which greatly affected his life. He said for the past eight years he has had his own apartment and moved from Southeast to Northeast Washington, D.C., to try to get away from the violence. 

Nonetheless, Judge Pasichow sentenced Warren to four years in prison.

“You cannot get yourself under control,” Judge Pasichow said referencing the violent nature of Warren’s offenses.

Upon release, she said Warren will be required to serve three years of supervised release and attend an anger management program. 

No further dates were set. 

‘The Punishment Does Have to Fit the Crime,’ Judge Says During Carjacking, Shooting Sentencing

DC Superior Court Judge Heidi Pasichow sentenced a carjacking and shooting defendant to 18 years in prison on July 26. 

Tavon Owens, 31, was found guilty by a jury of assault with significant body injury while armed, armed carjacking, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, carrying a pistol without a license and unauthorized use of a vehicle for a carjacking and shooting. The incident  occurred on Dec. 12, 2022, on the 1400 block of Newton Street, NW. There was one victim who sustained non-life threatening injuries. 

According to court documents, Owens shot a woman in the leg before stealing her car and driving it across the city to the 1400 block of Bangor Street, SE, where he was arrested. 

During the hearing, the victim said her injuries limit her ability to stand for long periods of time.

She also said she suffers from post-traumatic stress disorder because of Owens’ actions. 

“I hope he has to think about me as much as I have to think about him,” the victim said during her statement. 

The prosecution stated Owens’ pre-sentence interview showed “no remorse” for his actions. They said they recommend Owens be given the maximum sentence of 18 years in prison. 

Owens’ defense attorney, Steven Polin, said the prosecution’s arguments regarding remorse should not be taken into consideration because Owens has maintained his innocence and therefore does not have a reason to be remorseful. 

He also said Owens’ biological father abandoned his family when he was child which made Owens feel angry. He said this led Owens to suffer from mental health issues, including bipolar disorder and schizophrenia. 

Agreeing with the prosecution, Judge Pasichow sentenced Owens to a total of 18 years in prison with the counts running concurrently, including 10 years for the two count of possession of a firearm during a crime of violence, six-and-a-half years for assault with significant bodily injury, and three years each for unlawful possession of a firearm under a prior conviction, carrying a pistol without a license and unauthorized use of a vehicle. 

“The punishment does have to fit the crime,” Judge Pasichow said in reference to the victim’s impact statement.

Judge Pasichow also ordered Owens to serve five years of supervised release and register as a gun offender on release.

No further dates were set. 

Five Teen Girls Accused of Murder Make First Joint Court Appearance

Five juvenile girls accused of murder appeared in a hearing before DC Superior Court Judge Kendra Briggs on July 26 in a courtroom crowded with US Marshals, probation officials and the suspects’ family members.

Judge Briggs ordered that all the girls should remain in custody at the DC Youth Services Center (YSC) pending trial.  It is currently scheduled to begin on Aug. 20, though the judge acknowledged it would be a “tight window” given the complexity of the case. 

All the adolescents, 12-to-15 years old, have pleaded not guilty to charges of second-degree murder, assault with a dangerous weapon,  conspiracy as well as other counts, in the death of 64-year-old Reggie Brown.  The severely disabled man was allegedly stomped to death, say prosecutors, by the teens on Oct. 17, 2023 in a dark alley near the 6200 block of Georgia Avenue, NW,  

Three of the juveniles were arrested in March. Their trial date is set.  The other two, 13-and-15 years old, appeared in court for the first time on July 19 when DC Superior Court Judge Dorsey Jones found probable cause they conspired to commit the crime. 

That hearing was punctuated by violence shortly after prosecutors played a 55-second cell phone video which they say depicts the defendants repeatedly kicking Brown as he lay defenseless on the ground.  The girls, say the prosecution, appear to be celebrating and laughing during the assault.  

As testimony continued, the 13-year-old engaged in a spontaneous fistfight with a US Marshal.  The defendant was subdued with the help of other security personnel who removed her screaming from the courtroom. 

On July 26, at least six US Marshals were arrayed strategically around the courtroom as a precaution; however no disruptions occurred. 

As the hearing ended, the judge imposed a protective order for prosecution witnesses, admonished the defendants against discussing the case and imposed a stay away order forbidding the three original defendants from contacting the other two at the YSC. 

“Are we clear?” said Judge Briggs.

The next hearing in the case for the newest two defendants is scheduled for Aug. 1.