Judge Denies Acquittal Motion For Stabbing Defendant

DC Superior Court Judge Andrea Hertzfeld denied a motion of acquittal in a stabbing defendant’s trial on Oct 3.

Jose Garcia Fuentes, 43, is charged with assault with a dangerous weapon and simple assault, for his alleged role in a stabbing incident that transpired on April 24 on the 4400 block of 14th Street, NW. One person sustained lacerations to their hand and face.

According to court documents, an individual identified as Fuentes entered a restaurant and started an unprovoked fight with another patron. After the suspect kicked the patron, the complainant stepped in to defuse the situation. As events unfolded, the suspect produced a knife and allegedly slashed the victim’s face and hand. After a struggle, the suspect escaped.

During the hearing, Henry Escoto, Fuentes’ attorney, filed a motion for judgment of acquittal, arguing the prosecution failed to meet their burden of proof.

Judge Hertzfeld sided with the prosecution, stating that a reasonable individual could find Fuestes guilty beyond a reasonable doubt.

The prosecutor also called a detective from the Metropolitan Police Department(MPD) to the stand, who testified that he located the knife that was used in the attack.

The MPD detective stated that no DNA evidence was obtained from the knife, which was 18 inches in length. He said that the knife could have been anyone’s, and no evidence necessarily pointed to Fuentes.

After the prosecution rested, the defense called on Fuentes’ co-worker, who was present during the incident, but testified she didn’t watch or hear it happen because she was not nearby.

She added that, following the incident, Fuentes had black eyes and missed work for four days.

During closing arguments, the prosecution insisted that the surveillance footage showed all the facts of the case. They argued that Fuentes acted with malicious intent, and urged the jury to convict him of both charges.

However, Escoto argued that there is no evidence that the knife used was Fuentes’, and claimed that, because the incident occurred inside of a restaurant, the jury could infer that the knife was from the establishment.

Escoto further argued Fuentes acted in self-defense, saying he thought his life was in danger and only pulled the knife after being shoved and beaten.

Parties are set to return when the jury renders a verdict.

Mental Eval Delays Sentencing For Teen High School Shooter

DC Superior Court Judge Errol Arthur accepted a motion to continue the sentencing of a shooting defendant to allow for further evaluation regarding his mental health during a hearing on Oct. 4.

On June 21, Jonathan Johnson, 20, pleaded guilty to assault with a dangerous weapon, carrying a pistol without a license outside a home or business, and unauthorized use of a motor vehicle for his involvement in a shooting that occurred on May 17, 2023 at Woodson High School at the 5300 block of Nannie Helen Burroughs Avenue, NE. The incident caused a fellow Woodson student to suffer non-life threatening injuries.

Johnson’s attorney, Edward Gain, alerted the court that Johnson was recently approved to work with a social worker following mental health evaluations. While Johnson was found competent and is not disputing his competency, it was noted that further evaluation with a social worker was necessary to provide information relevant to sentencing.

The prosecution did not object to the defense’s request for continuance, and Judge Arthur granted the motion.

Parties are set to reconvene on Feb. 7.

Defendant Rejects Global Plea in Homicide, Conspiracy Case

On Oct. 4, a homicide defendant rejected a global plea deal that would have required him to serve 56 years in prison, before DC Superior Court Judge Rainey Brandt.

Reginald Steele, 24, and 27-year-old Aaron Brown are two of five individuals charged with conspiracy, first-degree murder while armed, assault with the intent to kill while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020, on the 600 block of S Street, NW. Another juvenile sustained injuries after suffering a gunshot wound to the leg.

The incident also involved Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 22. Judge Brandt sentenced the individuals to 164 years, 108 years, and 108.5 years of incarceration, respectively, on Sept. 13 and Sept. 19.

The rejected global plea offer would resolve three of Steele’s cases and would have required him to plead guilty to second-degree murder while armed, assault with intent to kill while armed, and two counts of assault with a dangerous weapon for the Lukes’ incident.

In 2021, Steele was also allegedly involved in a jail stabbing. If he accepted the plea, he would have been required to plead guilty to assault with a deadly weapon in connection to the stabbing. All other charges for other incidents would have been dismissed.

Megan Allburn, the defense attorney for Steele, informed Judge Brandt that Steele was rejecting the deal, and asserted his right to a speedy trial.

The prosecution made a motion to recombine the trial for Steele and Brown, who were previously severed.

However, the motion was decided, as parties in the Brown case are still in plea negotiations. Brown will be required to make a decision on the plea deal at his next hearing.

Parties set a trial date in February 2025 for Steele’s stabbing case.

All parties will reconvene on Oct. 15.

Mental Exam Ordered For Possible Insanity Plea in Shooting

On Oct. 4, DC Superior Court Judge Raffinan ordered a criminal responsibility exam for a stabbing defendant regarding a possible insanity defense.

Sherman Holley, 46, is charged with premeditated first-degree murder while armed, carrying a pistol without a license outside a home or business, arson, destruction of property of $1000 or or more, resisting arrest and assault on a police officer, all offenses committed during release, for his alleged involvement in the fatal shooting of 53-year-old James Brooks. The incident occurred on Jan. 15, 2023 on the 200 block of 37th Street, SE.

Defense attorney, Megan Allburn, alerted the court she wants a criminal responsibility exam to determine if Holley understood his actions and whether they were morally acceptable as relates to the charge of arson, but she is also looking to sever the arson charge from the homicide count.

Court is set to reconvene Dec. 17.

Court Delays Stabbing Indictment

On Oct.4, DC Superior Court Judge Raffinan granted a prosecutor’s request to extend the indictment deadline for a stabbing case.

Marquita Holloman, 35, is charged with assault with intent to kill while armed and assault with a dangerous weapon for her alleged involvement in a stabbing incident that occurred on Sept. 13, 2023 on the 2400 block of Martin Luther King Jr. Avenue, SE. The incident injured two individuals, one losing an eye.

During the hearing, the prosecution filed a motion to extend the indictment deadline because the key witness was unavailable. According to the prosecutor, the witness was present during the assault and is a friend of the defendant’s.

Susan Ellis, Holloman’s attorney, argued against the motion stating that the prosecution’s had enough to produce the witness.

Nonetheless, Judge Raffinan granted the prosecution’s request.

Ellis also requested to remove Holloman’s GPS monitor. Judge Raffinan denied the request, citing the nature of the crime.

Court is set to reconvene on Nov. 7.

Judge Denies Shooting Defendant’s Request for Release

On Sept. 30, DC Superior Court Judge Jason Park denied a motion for release extended by the defense in a shooting incident.

Tyquan Wiggins, 19, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a shooting on May 30, 2023, on the 400 block of N Street, NW. An individual sustained a gunshot wound.

Destiny Fullwood-Singh, Wiggins’ former defense attorney filed a motion for a bond review on Sept. 23, requesting he be released to home confinement at his mother’s residence. In the motion, Fullwood-Singh cited Wiggins’ community ties, family, and employment history as reasons he should be released.

The prosecution opposed this, arguing surveillance footage depicts Wiggins’ involvement in a serious crime, and the danger he poses to the community. According to the prosecution, the videos show Wiggins inside a market with a firearm, a closeup video that identifies an individual said to be the defendant, and outside of the market where the shooting took place.

Judge Park sided with the prosecution, and denied the release motion, citing the safety of the community.

Parties are scheduled to return on Oct. 18.

Shooting Defendant Rejects Plea Offer

On Oct. 4, a shooting defendant rejected a plea deal before DC Superior Court Judge Raffinan.

Nathaniel Arce-Washington, 29, is charged with two counts of assault with intent to kill while armed, eight counts of possession of a firearm during a crime of violence, two counts of aggravated assault knowingly while armed, two counts of assault with significant bodily injury while armed, two counts of assault with a dangerous weapon and carrying a pistol without a license. The counts stem from his alleged involvement in a shooting that occurred on Oct. 9, 2023, in the 1200 block of Queen Street, NE.

According to court documents, an individual, later identified as Arce-Washington, shot ten times, seriously wounding two individuals. One of these individuals is paralyzed from the neck down due to the injuries they sustained.

The prosecution said if the defendant pleaded guilty to one count of aggravated assault while armed, carrying a pistol without a license, and aggravated assault, other charges would be dismissed.

The defendant rejected the plea deal. The defense had previously presented a counter offer of misdemeanor charges, but the prosecution had rejected it.

Court is set to reconvene on Feb. 11.

Judge Amends Release Conditions For Shooting Defendant

On Oct. 2, DC Superior Court Judge Andrea Hertzfeld amended release conditions to give a shooting defendant an opportunity to find a job.

Edwin Sorto, 32, is charged with two counts of robbery while armed and two counts of possession of a firearm during a crime of violence for his alleged involvement in an armed robbery-turned shooting on Sept. 26, 2023, on the 2800 block of Robinson Place, SE.

According to court documents, an individual identified as Sorto threatened the victim, who was in a car, to lower the windows or he would kill him. After the victim complied, the suspect allegedly attempted to hit him with the bottom of a gun, and warned him again he would kill him if went to the police. Feeling threatened, the victim sped off, and the suspect allegedly fired multiple gun shots that hit the victim’s rearview mirror.

During the hearing, Sortos’ defense attorney, Patrick Nowak, requested the judge amend the defendant’s release conditions. Based on Sorto’s new job as an Uber Eats driver, Nowak argued he needed more flexible hours to be able to work.

Additionally, Nowak argued Sorto had been abiding by other release conditions and working with mental health consultants.

Judge Hertzfeld granted the request, and amended his release conditions.

Parties will reconvene on April 7.

Judge Gives Shooter Suspended Sentence

On Oct. 3, DC Superior Court Judge Heidi Pasichow sentenced a shooting defendant to 12 months, with all of it suspended, and a year of probation.

On Aug. 1, Keith Green, 43, pleaded guilty to endangerment with a firearm, for his involvement in a shooting on March 26 on the 4100 block of Alabama Avenue, SE.

According to court documents, Green fired multiple shots at an individual who was allegedly trying to break into his car. No injuries were reported.

During sentencing, the prosecution asked for a 12 month sentence, with one year of probation, and three years of supervised release. They argued this was the necessary sentence based on the severity of the firearm discharge, and the possibility of people being injured during the incident.

Chantal Jean-Baptiste, Green’s attorney, requested a one month sentence, arguing Green is an upstanding citizen, and has many community ties including a family, and employment as a business owner.

Additionally, Jean-Baptiste thought a probationary period would also be appropriate.

Judge Pasichow sided with the prosecution on the term, and sentenced Green to 12 months, however, with all of it suspended, and one year of probation. Additionally, she ordered a mental health screening centering around Green’s anger issues.

No further dates were set in this case.

Stabbing Victim Testifies He Was Trying to Protect Others

A jury in DC Superior Court Judge Andrea Hertzfeld’s courtroom heard opening statements and testimony from a stabbing victim on Oct. 2.

Jose Garcia Fuentes, 43, is charged with assault with a dangerous weapon and simple assault for his alleged role in a stabbing incident that transpired on April 24 on the 4400 block of 14th Street, NW. One person sustained cuts to the hand and face.

According to court documents, an individual identified as Fuentes entered a restaurant and started an unprovoked fight with another patron. After the suspect kicked the patron, the victim, who was the owner of the establishment, stepped in to defuse the situation. As events unfolded, the suspect produced a knife and allegedly slashed the victim’s face and hand. After a struggle, the suspect escaped.

During opening statements; the prosecution argued that the victim was trying to protect his customers from the defendant who posed a threat after assaulting a customer. Furthermore, the prosecution stated they will bring in different officers and witnesses to testify, who will prove the defendant’s guilt.

Henry Escoto, Garcia Fuentes’ attorney, argued that the prosecution has this case backwards, and Garcia used self-defense to protect himself from the victim who used brute force to kick him out the restaurant.

Following opening statements, the prosecution called on the victim of the stabbing incident. The victim explained he had never seen Garcia in his restaurant before, and wanted to escort him out to protect his customers as he was becoming aggressive. Additionally, he was able to allegedly dentify Fuenetes in court.

Some of the customers, alongside the victim, helped push Garcia out of the building, which led to a physical altercation where Garcia pulled out a knife and stabbed the victim in the eyebrow, and in the right hand, the victim testified. He added that he never made any threats or said anything threatening to Garcia before this incident occurred.

During cross-examination, Escoto showed different exhibits of surveillance footage from inside the restaurant, and questioned the victim on whether or not he was working or drinking during the time of the incident. Additionally, he questioned whether or not the victim made threats or physically forced Garcia out of the building after the first incident.

Parties will continue proceedings on Oct. 3

Shooting Defendant Pleads Guilty to Second-Degree Murder

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

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

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

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

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

His sentencing is scheduled for Feb. 7.

Shooting Co-Defendants Plead Not Guilty at Arraignment

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

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

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

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

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

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

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

Parties will reconvene on Nov. 12.

Judge Again Denies Carjacking Defendant’s Release Request

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

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

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

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

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

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

A felony status conference was set for Dec 2.

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

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

Gregory Patterson, 41, and Jimmy Johnson, 43, are charged with armed carjacking, three counts of possession of a firearm during a crime of violence, and robbery while armed for their alleged involvement in a carjacking that occurred on the 1600 block of Kenilworth Avenue, NE on July 11, 2023.

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

Johnson faces additional charges of unlawful possession of a firearm by a convict, possession of an unregistered firearm, and unlawful possession of ammunition. The enhanced charges stem from his alleged possession of the items during his arrest on March 28 on the 4000 block of Ponds Street, NE.

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

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

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

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

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

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

McCoy joined Thomas’ motion.

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

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

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

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

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

Judge Postpones Sentencing For Mental Observation Hearing

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

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

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

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

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

Parties are slated to reconvene on Oct. 11.

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