Search Icon Search site

Search

Stabbing Defendant Rejects Plea Offer, Opts for Trial

A stabbing defendant rejected a plea offer extended by the prosecution in front of DC Superior Judge Rainey Brandt in a hearing on July 23. 

Williams Azocar-Salas, 28, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing on April 7 on the 1300 block of Clifton Street, NW. A victim suffered minor cuts from the incident. 

During the hearing, the prosecution extended an offer to Azocar-Salas, requiring him to plead guilty to assault with a dangerous weapon in exchange for them not seeking more serious indictment charges.

Julie Swaney, Azocar-Salas’ attorney, stated her client intended to reject the offer and proceed with a trial. 

Judge Brandt, who was standing in for DC Superior Court Judge Jennifer Di Toro, informed parties that she will wait for Judge Di Toro to set the trial date upon her return. 

Parties are scheduled to reconvene for a status hearing on Sept. 13.  

DC Jail Stabbing Defendant Pleads Not Guilty at Arraignment 

A stabbing defendant pleaded not guilty to all charges in front of DC Superior Court Judge Lynn Leibovitz on July 23. 

Antonio Nicks, 32, is charged with assault with a dangerous weapon, possession of a prohibited weapon, and simple assault for his alleged involvement in a non-fatal stabbing that injured one individual. The incident occurred on Feb. 16 at the DC Jail on the 1900 block of D Street, SE. 

According to court documents, Nicks allegedly attacked the victim as he was standing around a group of inmates. When the victim ran away following the stabbing, Nicks is alleged to have chased after another inmate, though it is unclear if he sustained injuries. 

At the hearing, Vernice Holt, Nicks’ newly appointed attorney, alerted the court of his intent to plead not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial. 

Parties are slated to reconvene Sept. 4. 

Judge Tells Shooting Defendant at Sentencing–Forgive Yourself, Move Forward

A defendant found guilty of carrying a firearm and shooting at a family member’s wake received a suspended sentence of 15 months and 14 months of probation from DC Superior Court Judge Heidi Pasichow on July 19. 

Kevin Hardy, 31, was originally charged with unlawful discharge of a firearm, threats to do bodily harm, and carrying a pistol without a license for his involvement in a non-fatal shooting that occurred on Oct. 14, 2023 on the 1700 block of 7th Street, NW. 

According to court documents, Hardy arrived inebriated at the wake of a young child in his family, brought a firearm into the home and made threats before shooting the firearm once. His sister called the police. Hardy says he doesn’t remember anything from the event. 

On May 16, Hardy accepted a deal that required him to plead guilty to carrying a pistol without a license, in exchange for the prosecution not seeking an indictment on greater charges.

At the hearing, the prosecutor said Hardy has taken responsibility for his actions and his family all believe he “really just needs help.” The prosecutor acknowledged the substantial loss Hardy experienced and hoped he can “process that trauma.”

Hardy’s defense attorney, Sharon Weathers, argued he has a minor criminal history and reminded the court this is his first felony offense. She described the incident as a situation that “spiraled out of control.” She also stated Hardy continues to say he did not shoot the firearm, only brandish it in front of his family.

Weathers also said Hardy has stopped drinking entirely, and enjoys his job as a chef. 

Judge Pasichow sentenced Hardy to 15 months suspended, 14 months of probation, and three years of supervised release. If he is unsuccessful in probation, he could be required to serve the suspended sentence. 

In addition, Hardy will also be required to undergo a mental health assessment, receive drug and alcohol testing and treatment, and take an anger management course. 

Hardy agreed and appeared emotional hearing Judge Pasichow’s advice. She told Hardy to “look up” because he has a three-year-old daughter depending on him and move on from his guilt. 

“I’m not patting you on the back, but don’t be so down on yourself . . . I think you have to forgive yourself. You have a lot to live for,” Judge Pasichow said.

Scheduling Conflict Delays Sentencing for Shooting Defendant

DC Superior Court Judge Errol Arthur delayed sentencing for a non-fatal shooting defendant since his attorney couldn’t attend the hearing.

David Walls, 38, is charged with kidnapping while armed and four counts of assault with a dangerous weapon for his alleged involvement in an abduction on April 10, and a non-fatal shooting on April 13. Both incidents took place on the 2700 block of 30th Street, SE.

According to court documents, one male and one female victim reported Walls pointed a firearm at them and forced the woman to get into his vehicle. They described the firearm as a brownish camouflage-colored handgun.

On April 13, the same two people reported that Walls shot at them while they were entering their apartment building.

On May 21, Walls pleaded guilty to two counts of assault with a dangerous weapon and carrying a pistol without a license, in exchange for the prosecution’s not seeking an indictment on greater charges.

Marnitta King, Walls’ defense attorney, was unable to attend the proceeding because of a scheduling conflict, so Judge Arthur continued the sentencing hearing until July 29.

Walls’ family was present at the hearing and were informed of the date change.

Prosecution to Murder Defendant–Plea Offer ‘Won’t Get Any Better’

A plea offer will remain open after back-and-forth negotiations led a homicide defendant to ask for new legal representation during a July 19 hearing before DC Superior Court Judge Anthony Epstein.

Kyree Hairston, 24, is charged with second-degree murder while armed for his alleged involvement in the shooting of 51-year-old David Coe on Feb. 4 on the 1200 block of Southern Avenue, SE. 

Through his defense attorney, Jason Clark, Hairston requested additional time to consider the plea deal offered by the prosecution. 

“The plea offer won’t get any better than that,” a prosecutor replied.

The deal would require Hairston to plead guilty to voluntary manslaughter while armed and receive a sentence in the higher range of the sentencing guidelines. In return, the prosecution wouldn’t indict on additional or greater charges. 

“There is a reason I appointed you a lawyer,” Judge Epstein told Hairston when he asked what could be done about the offer.

Judge Epstein said he could not provide any legal advice to Hairston other than to use the attorney he was appointed.

When the prosecution refused to allow more time to negotiate the plea deal, Hairston asked for a new attorney. Judge Epstein granted the request.

The prosecution then said the plea offer would remain open during the transition of defense counsel.

Parties are set to reconvene Aug. 9. 

Defense Wants Delay in 2021 Murder Case Due to Absent Witness

On what was supposed to be the first day of Bernard Matthews‘ murder trial, July 22, his defense attorney asked DC Superior Court Judge Michael O’Keefe to delay the case because the prosecution isn’t calling a witness she wanted to cross-examine.

Matthews, 44, is charged with first-degree premeditated murder while armed, 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 alleged involvement in the shooting of 22-year-old Diamonte Green. The incident occurred on Feb. 16, 2021, on the 300 block of 33rd Street, SE.

According to court documents, an alleged threat made by Green to a relative of Matthews was the motive for the shooting. Green was found unresponsive and not breathing with eight gunshot wounds to the torso, extremities, neck, and head. 

Before jury selection began, Matthews’ attorney, Marnitta King, alleged a prosecutorial error made delay necessary.

According to King, the prosecution had filed a notice the previous day they would not be calling a records expert to testify about relevant Instagram messages. King said the defense’s case relied on cross-examining that witness.

“The Instagram messages are the most important part of this case,” King said. She intended to question the witness to prevent the jury from concluding the dates and times on the message records were accurate.

King told Judge O’Keefe she would need time to adapt her case if he allowed the records to be brought into evidence without a so-called custodian.

The prosecution argued the custodian could testify only to the existence of records, not to any discrepancies with dates and times. They said the documents are already authenticated and shared with the defense months ago, and they plan for another witness to authenticate them during trial.

King responded that, because the notice was filed the previous day, she did not have reasonable time to review it and prepare changes to Matthews’ defense.

Judge O’Keefe agreed with the prosecution that the custodian would not be able to testify to any matters outside of when and how the record was created. He pointed out King was informed on June 25 that a custodian might not be called, and she chose not to stipulate to that fact on July 18. Instead, he noted, she waited until the first day of trial to make a motion on it.

Judge O’Keefe asked the prosecution to determine by the next day whether a custodian is available to testify in the next couple of weeks. He wants that information before ruling on whether to admit the Instagram messages as evidence.

According to Judge O’Keefe, if the trial were to be delayed, it couldn’t be rescheduled in less than a year, due to scheduling constraints.

Parties are slated to return July 23.

Stabbing Defendant Found Competent to Stand Trial 

Following a report from the DC Department of Behavioral Health (DBH) received by DC Superior Court Judge Heidi Pasichow, stabbing defendant Nahum Posner was found competent to stand trial at a hearing on July 19th.

Posner, 55, is charged with assault with a deadly weapon for allegedly stabbing a woman while she was standing by the trunk of her car on Oct. 22, 2020, at the 3000 block of 30th Street, SE. 

According to court documents, a witness heard the attack and helped fight Posner off with a hammer.

After his arrest the defense argued that Posner has schizophrenia and was off his medication at the time of the alleged incident. Posner is currently being held at St. Elizabeths psychiatric hospital. 

Parties agreed to set a trial date of Oct. 30. 

Defendant in Multiple Carjacking Case Found Competent, Scheduled for Trial

DC Superior Court Judge Lynn Leibovitz found Taysean Hawkins competent to stand trial, based on a report from the DC Department of Behavioral Health (DBH), and scheduled the proceeding for Jan. 29, 2025, at a hearing held on July 22. 

Hawkins, 21, is charged with conspiracy, two counts of armed carjacking, four counts of possession of a firearm during a crime of violence, unauthorized use of a vehicle, and fleeing a law enforcement officer. The charges stem from multiple carjackings that occurred on Jan. 11 and 12, 2021, on the 1500 block of 30th Street, NW; the 4700 block of Alton Place, NW; the 4300 block of Alton Place, NW; and the 2600 block of Benning Road, NE.

According to court documents, the crime spree ended in a high-speed car chase between Metropolitan Police Department (MPD) officers and two defendants, Hawkins and James Borum, 21. The carjacked vehicle collided with a utility pole, and Borum was detained while attempting to flee on foot. Hawkins was removed from the driver’s seat and taken to a hospital for treatment.

At the hearing, Michael Madden accepted an appointment to serve as Hawkins’ defense attorney. Hawkins’ previous attorney withdrew from the case in June due to a conflict of interest.

Judge Leibovitz discussed DBH’s findings with the parties that Hawkins was mentally competent, with no objection from either side. 

The prosecution informed the court that they have extended a plea offer to Hawkins which would require he plead guilty to carjacking in exchange for all other charges being dropped. 

Madden requested two weeks to acquaint himself with the facts of the case and discuss the plea offer with Hawkins. The prosecution set a deadline of Aug. 5 for Hawkins to make a decision on the offer. 

The next hearing in this case is scheduled for Aug. 5.

Judge Denies Request to Ban Pregnant Murder Defendant from Using Marijuana, Alcohol

DC Superior Court Judge Anthony Epstein denied a prosecution request to issue an order preventing a pregnant murder defendant from consuming alcohol or marijuana consumption in a July 19 hearing.

Christen Borden, 35, is charged with first-degree murder – felony murder and first-degree cruelty to children for her alleged involvement in the homicide of her five-month-old infant Kenneth Walton which occurred on Feb. 11, 2023 on the 4000 block of Massachusetts Avenue, NW. 

According to court documents, despite all lifesaving efforts, Walton died on Feb. 16, 2023 at Georgetown University Hospital from injuries that were consistent with inflicted head trauma and had been suffering from non-accidental trauma. 

During the proceeding parties met to discuss potential dates for Borden’s preliminary hearing, and prosecutors requested Judge Epstein order Borden to not consume marijuana or drink alcohol for the remainder of her pregnancy. 

Prosecutors argued Borden admitted to using marijuana, and that she may have been under the influence of other drugs which could have contributed to Walton’s death. 

“I’m not a doctor,” Judge Epstein said denying the request. He said any decision about what should be done for the health of her unborn child is a medical matter.

However, the judge granted the prosecutor’s request to drug test the defendant and ordered the Pretrial Services Agency (PSA) to submit a report within two weeks.

Prosecutors alerted both the court and Borden that the Child and Family Services Agency (CFSA) takes action when babies test positive for marijuana at birth. 

According to court documents, Borden had been diagnosed with postpartum depression based on a short survey she took and a prior diagnosis of depression. 

Borden stated in court documents that she had been under the care of a psychiatrist and had stopped taking prescribed medication before Walton was born. 

Parties are slated to reconvene on Sept. 27 for a preliminary hearing.

Second Competency Exam for Shooting Defendant

DC Superior Court Judge Anthony Epstein ordered a second mental competency exam for a non-fatal shooting defendant at the request of his defense attorney on July 19.

Lamar Fosque, 30, is charged with assault with intent to kill while armed, assault with a dangerous weapon, and possession of a firearm during a crime of violence for his alleged involvement in a shooting on May 11 on the 3600 block of Brothers Place, SE, that left one individual injured.

Camille Wagner, Fosque’s attorney, objected to the doctor’s assessment in Fosque’s first competency exam that “hospitalization is not critically indicated at this time.” She requested Fosque be transferred to St. Elizabeths Hospital for another full exam. 

Judge Epstein ordered Fosque spend 30 to 45 days at St. Elizabeths Hospital. He granted the defense’s request to delay trial pending the results of the second exam. 

Parties are slated to reconvene on Aug. 30. 

Prosecution Confident Despite Suppression of Cell Phone Evidence

The prosecution in a non-fatal shooting case said they could still prove a defendant’s guilt, even though DC Superior Court Judge Rainey Brandt denied a motion to reconsider a ruling suppressing cellphone evidence on July 22.

Deon Cannon, 29, is charged with two counts of assault with intent to kill while armed, two counts of assault with a dangerous weapon, five counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, possession of an unregistered firearm, carrying a pistol without a license outside of a home or business, unlawful possession of ammunition and eight counts of destruction of property of less than $1000. 

These charges stem from his alleged involvement in an incident on Sept. 5, 2021 on the 2700 block of Terrace Road, SE during which two individuals sustained injuries.

According to court documents, video surveillance footage from the scene shows an individual, identified as Cannon, shooting twice at two victims. Metropolitan Police Department (MPD) officers responded to the incident and arrested him.

During the hearing, Judge Brandt upheld DC Superior Court Judge Anthony Epstein’s previous ruling to not allow the prosecution to use evidence found on Cannon’s cell phone. 

According Judge Brandt’s ruling, it was unconstitutional for MPD to seize Cannon’s cell phone because there was no probable cause he was involved in the shooting at the time. 

The prosecution said they have other evidence demonstrating Cannon’s guilt, such as video surveillance footage. 

Parties are set to reconvene July 29. 

Teen Murder Suspect Battles US Marshals in Turbulent Courtroom Session

In a shocking display of courtroom violence, a 13-year-old girl suspected of murder engaged in a fist fight with US Marshals before officers were able to forcefully remove and subdue her.  

The outburst occurred in a closed hearing before DC Superior Court Judge Dorsey Jones on July 19 to determine whether there was probable cause that the confrontational teen, along with four other juveniles aged 12-to-15-years-old, were part of a murder conspiracy.  

As the struggle continued, the child’s cries could be heard coming from a secure holding area behind the courtroom and shortly after two other US Marshals ran in to back up their colleagues.

Meanwhile, the child’s distraught mother yelled that her daughter was being kicked and said, “She’s 13-years-old!” 

Later a number of DC emergency responders showed up outside the courtroom although it was not immediately clear if the suspect or anyone else sustained serious injury during the melee.

Prior to the fight with the marshals, the 13-year-old was crinkling a piece of paper in her right hand.  That drew the initial response from the marshals and a rebuke from Judge Jones when she resisted surrendering the paper.

“She’s just a child; she doesn’t understand,” said her mother.

The incident caused Judge Jones to temporarily adjourn the proceedings until order could be restored.  

Meanwhile, the 15-year-old next to her unruly co-defendant sat impassively throughout the hearing.

Prior to the disruption a detective from the Metropolitan Police Department (MPD) initially testified about a series of events that led to the murder of 64-year-old Reggie Brown in what the officer described as a homicide resulting from blunt force trauma to the head.  

The detective said the victim was lying on his back with blood pooled around his body. Brown suffered from many ailments, said the officer, had a metal plate in his head from a previous injury and was missing several fingers on both hands. In the struggle, two pairs of Brown’s pants had been removed. 

The incident occurred in a dark alleyway near the 6200 block of Georgia Avenue, NW on Oct. 17, 2023.  

The 13-year-old, along with another girl, 15, are charged with second-degree murder, assault and conspiracy in the attack.  In May three other teens– two aged 13 and one 12-years-old–were accused of similar charges in Brown’s murder. All of the defendants are being detained at DC’s Youth Services Center (YSC).

The detective who was on the stand for almost the entire six hour hearing said a witness to the murder told him the group “appeared to be jumping someone.”  

The precipitating event, according to the detective, was the appearance of an unidentified male suspect in a blue coat who, as identified in surveillance video, was seen kicking Brown and forcibly “escorting” him across the street toward the alley where the fatal encounter occurred.  

At that point, according to the detective’s account, the five juvenile girls are seen running after the victim, with one of the 13-year-old’s jumping a fence, then altogether fatally “stomp on him,” repeatedly kicking the back of his head.  

According to the detective one defendant is heard asking, “Can I beat him, too?”  The answer was yes. 

The detective noted identifying features of the suspects, including clothing and shoes with “shimmering aspects.” 

However, the most compelling piece of evidence was a 55 second cell phone video purportedly taken by one of the assailants during the murder.  As the camera light follows the action in a darkened alley, Brown’s pants are pulled off and the prosecutor said he was “beaten viciously” and “repeatedly stomped.”  Meanwhile, Brown lay motionless on the ground.  

Afterward, said the prosecutor, the girls allegedly laughed and celebrated the killing.  Although the cell phone audio wasn’t clear, the prosecutor said one of the juveniles said, “He dead?”  Followed by, “We killed him.”  Faces were clearly visible in the video sequence.

According to the prosecution, the video was sent to another of the accused co-conspirators who answered back in an Instagram post, “Tell (one of the defendants) to delete that video.”

“They completed their mission,” said the prosecutor.  “They did what they set out to do.”

For its part the defense pointed out there was only one eyewitness who was able to identify one of the defendants clearly.  Further, at times during his testimony, the detective was less certain about his description of some events than others.  Also, parts of the surveillance footage were blurry. 

The lawyer for the 13-year-old challenged the notion that the crime could have been premeditated.  “What does that look like for a 13-year-old?,” asked the attorney. 

She further disputed the idea that a pair of shoes worn by her client did not meet the threshold of assault with a dangerous weapon.

“Crocs are not a dangerous weapon,” she said.  

Summing up, the prosecutor said the defendants’ actions were deliberate, “callous with the intent to beat this man to death.”

In finding probable cause for the crime, Judge Dorsey said there was no doubt about what happened and that the identities of the suspects were clear.  

Based on the evidence and recommendations by DC probation officials, he ordered the juveniles detained.  Judge Dorsey said he was “so troubled” that the victim was apparently picked at random, and unknown to the defendants.

The other three defendants in the case appeared before DC Superior Court Judge Kendra Briggs earlier in the afternoon.  They will all remain detained and a stay away order was imposed to keep the newly charged defendants from being in contact with those originally accused. 

The next hearing in the case is set for July 26.

Double Murder Defendant Rejects Plea Deal, Moves Toward Trial

Through his attorney, Joseph Yarbrough, a double homicide defendant rejected a plea offer from the prosecution and requested a trial date before DC Superior Court Judge Anthony Epstein on July 19.

Jermiah Jordan, 33, is charged with two counts of first-degree murder premeditated while armed, two counts of possession of a firearm during a crime of violence while armed, and unlawful possession of a firearm with a prior conviction of over one year for allegedly shooting 29-year-old Luke Whitaker and 19-year-old Zion Hollingsworth-Hayes on July 22, 2023, on the 1400 block of Girard Street, NW.

According to Metropolitan Police Department (MPD) documents, officers responded to the shooting location, where they located Whitaker. Shortly after, they found Hollingsworth-Hayes on the 1400 block of Fairmont Street, NW. Both victims were dead.

The plea deal would have required Jordan to plead guilty to two counts of second-degree murder while armed with concurrent sentencing ranging from 22-to0-26 years in prison.

Prosecutors predicted a two-week long trial that will include DNA evidence. Yarbrough said he only expects to need up to two days to present his arguments.

The trial has been scheduled for March 2026. 

Parties are slated to reconvene on May 16, 2025.

Shooter Asks for Sentencing Delay to Complete Diploma

DC Superior Court Judge Maribeth Raffinan delayed sentencing a shooting defendant on July 19 to determine how he will continue his education while incarcerated.

On Feb. 9, Eric Lemus, 20, accepted an agreement extended by the prosecution, which required him to plead guilty to assault with intent to kill while armed and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting incident, which injured two on March 22, 2023, on the 1000 block of Park Road, NW.

According to court documents, both victims were riding bikes.

One victim was not injured while the other sustained three gunshot wounds to the chest, right arm and thigh. He was transported to the hospital where he received treatment and later recovered, as per court documents. 

When Metropolitan Police Department (MPD) officers arrived on scene, Lemus told them the two victims tried to rob him but three other witnesses contradicted his statements. MPD officers arrested Lemus at the scene.

During the hearing, Lemus’ defense attorneys, Steven Ogilvie and Shawn Sukumar, requested Lemus stay at the DC jail after sentencing so he can earn his diploma. 

They said Lemus is part of the School Justice Project which allows defendants with special education needs to continue their education. They said if Lemus is moved to another prison he would lose all of his credits. 

The attorneys also said Lemus is on track to finish by the fall of 2025 and requested members of the School Justice Project be appointed to the case as well.

The prosecution objected arguing the victims deserve closure. 

Judge Raffinan ruled to continue the sentencing and hear additional arguments from the defense and prosecution regarding Lemus’ education status. 

Parties will reconvene on Aug. 21.

Murder Defendant Denies Involvement at Arraignment

A defendant pleaded not guilty during an arraignment before DC Superior Court Judge Anthony Epstein on July 19.

Randolph Thomas, 41, is charged with first-degree murder while armed, assault with intent to kill while armed, assault with a dangerous weapon,  five counts of possession of a firearm during a crime of violence, robbery while armed, and first-degree burglary while armed, for his alleged involvement in the fatal shooting of 19-year-old Emmanuel Durant Jr. on Dec. 31, 2009 on the 200 block of Webster Street, NW. 

Thomas was arrested and charged in connection to the murder in October 2023.

During the hearing, Tammy Thom, Thomas’ defense attorney, alerted the court of his intent to plead not guilty to all charges, and asserted his constitutional rights, including the right to a speedy trial. 

Thomas’ attorney requested that parties move toward trial preparation and set a date for trial in August 2025.

Parties are slated to reconvene on Oct. 18 for a status hearing.