Co-Defendants Injured in Shooting Plead Not Guilty at Arraignment

Two co-defendants who face charges for a shooting in which they sustained injuries pleaded not guilty during an arraignment before DC Superior Court Judge Jennifer Di Toro on Nov. 7.

Reco Jackson, 27, and Raquan Felder, 33, are charged with assault with intent to kill while armed, two counts of assault with a dangerous weapon, and three counts of possession of a firearm during a crime of violence. Additionally, Jackson is charged with unlawful possession of a firearm with a prior conviction greater than a year and Felder is charged with carrying a pistol without a license outside a home or business.

The counts stem from their alleged involvement in a non-fatal shooting on Jan. 25 on the 4400 block of 19th Place, NE. Jackson sustained a gunshot wound to his left arm and Felder sustained a gunshot wound to his left foot.

According to court documents, a witness told the Metropolitan Police Department (MPD) that Jackson and another individual exchanged an unidentified object for money. During the encounter, Jackson reportedly became agitated, pulled out a gun, and the other individual did as well. Shots were fired as Jackson and Felder reportedly fled the scene in a vehicle.

At the hearing, the court arraigned the defendants on the charges against them. Jackson’s attorney, Kavya Naini, and Felder’s attorney, Darryl Daniels, pleaded not guilty on their behalf and asserted their right to a speedy trial.

Following the arraignment, the prosecutor requested Judge Di Toro detain Jackson and Felder at the DC Jail pending their trial. Judge Di Toro released both defendants on Feb. 12 based on their need for treatment of their gunshot wounds. Naini and Daniels opposed the detention of their clients.

Judge Di Toro told parties to present arguments for detention before the case’s calendar judge, DC Superior Court Judge Rainey Brandt, at the next hearing.

Parties are scheduled to reconvene on Nov. 25.

Judge Accepts Plea Deal in Playground Shooting Case

DC Superior Court Judge Carmen McLean accepted a plea agreement in a shooting case on Nov. 4, which the suspect committed while on release for a separate incident.

Kamari Childs, 20, was originally charged with three counts of assault with a dangerous weapon, endangerment with a firearm in a public place, unlawful discharge of a firearm, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction of more than one year, and destruction of property less than $1000.

These charges stem from a shooting at a playground on Sept. 15 on the 200 block of N Street, SW. No individuals were reported to be injured during the shooting.

At the hearing, Childs accepted a deal extended by the prosecution that required him to plead guilty to three counts of assault with a dangerous weapon and one count of unlawful possession of a firearm with a prior conviction of more than one year. In exchange, all other charges will be dismissed and prosecution will not seek an indictment.

The assault with a dangerous weapon charge can carry a maximum sentence of up to ten years imprisonment in DC and the unlawful possession of a firearm with a prior conviction of more than one year charge carries a mandatory minimum imprisonment of one year and a maximum of ten years.

In addition, Childs will also waive his right to independent DNA testing and register as a gun offender in DC for two years after he’s released.

According to the prosecution, the plea deal reflects the seriousness of the case and notes the incident occurred while Childs was still on probation from another firearm case he was sentenced to earlier in the same month.

Childs had to register as a gun offender in DC as a condition of his probation for the previous case, and his possession of another firearm violated his probation.

He subsequently had his probation in the previous case revoked. His plea only relates to this case, the probation revocation in the previous case will trail this case’s sentencing.

Childs’ defense lawyer Wole Falodun asked for a Youth Rehabilitation Act (YRA) study for the defendant before sentencing went forward, which was granted. The YRA allows a defendant’s conviction to be sealed if they successfully complete all sentencing requirements. It is up to the judge’s discretion to sentence a defendant under the YRA.

The court also ordered a Pre-Sentence Investigation (PSI) prior to sentencing to consider the defendant’s past, probation violation, and details of the second firearm case.

Falodun also motioned for the release of the defendant, which was quickly denied by Judge McLean, citing it had been eight days after his release that he committed this shooting. The defendant remains confined.

Parties are set to reconvene Jan. 30 for sentencing.

Prosecutors Argue Shooting Defendant Was ‘Driven By The Desire of Revenge’

DC Superior Court Judge Rainey Brandt heard closing arguments on Nov. 3 and 4, in a jury trial involving a shooting that killed a 13-year-old boy.

Reginald Steele, 26, is charged with first-degree murder while armed, conspiracy, ten counts of assault with intent to kill while armed, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, two counts of tampering with physical evidence, and five counts of possession of an unregistered firearm.

The charges are in connection to his alleged involvement in four shootings, including the fatal shooting of 13-year-old Malachi Lukes, at the 600 block of S Street NW, on March 1, 2020. Another individual sustained injuries during the incident.

Steele was also allegedly involved in a non-fatal shooting on March 1, 2020 at the unit block of Channing Street, NE, and a non-fatal shooting on Feb. 22, 2020 at the 700 block of Farragut Street, NW, where no individuals sustained injuries.

Prosecutors began their closing arguments with a rap song written by Steele. In the song, Steele referred to himself by his nickname, “Gordo.”

The song contained the lyrics, “I lost my dawg, I’m s****** on all these n***** without a stall, long live Slatt, I wish I hadn’t got that call.”

The prosecution played this song to highlight what they described as a case fueled by “revenge, retaliation, and retribution.” They stated that Steele was “driven by the desire of revenge” for the murder of his friend, Tahlil Byrd, 19. Byrd, a rapper who was publicly known as the “North West Goon” and by his friends as “Slatt,” was fatally shot on Sept. 19, 2019 on the 600 block of S Street, NW.

After Byrd’s death, there were rivalries between the 9th Street neighborhood and the 3500 crews, which started over a rap beef and specifically, who warranted the title as “the real North West Goon,” the prosecution explained.

Steele and his co-defendants, Aaron Brown, 29, Tyiion Freeman, 26, and Koran Jackson, 25, who were also friends of Byrd and close to his family, started targeting members of the 9th Street neighborhood, according to the prosecution. Brown, Freeman and Jackson were previously convicted for their involvement.

“We had to bring you these other individuals to establish his [Steele’s] guilt beyond a reasonable doubt,” the prosecution explained.

“All four individuals were fueled by revenge,” the prosecution added.

The prosecution argued that on March 1, 2020, Steele and Jackson drove a stolen Kia Soul from the 1800 block of Bruce Place, SE, stopped at a BP gas station, proceeded to pick up Freeman and Brown, then drove to their first targets.

“They opened fire on four teenagers,” said the prosecution. “They killed Malachi Lukes with all his hopes, dreams, and tomorrows.”

The driver in a vehicle behind the Kia Soul, who witnessed the shooting on S Street and dialed 9-1-1, described the shooting as “something out of a movie.”

“The passenger in the backseat had his right hand turned sideways to shoot,” the caller added. The caller also provided a description of the vehicle, and mentioned that it had a Maryland license plate.

Surveillance footage showed Lukes and his friends as they went into a uBreakiFix store and picked up a basketball, then exited the store. Moments later, Lukes was shown lying on the ground, suffering from a single gunshot wound.

“They targeted, they preyed on those young kids,” the prosecution emphasized. The reason that they targeted Lukes and his friends was because they participated in a music video from a 9th Street rapper, according to the prosecution.

Additionally, one of Lukes’ friends testified to having been involved in a text exchange with Byrd’s cousin, who confronted Lukes’ friend about a post he made, which Byrd’s cousin interpreted as an insult to Byrd himself.

Immediately after the shooting on S Street, Steele and his co-defendants drove to Channing Street to target another member of 9th Street, claimed the prosecution.

“They didn’t even want to stop after killing a 13-year-old,” the prosecution stated.

The victim on Channing Street saw the Kia Soul as it approached. He testified that a passenger from the backseat had his right hand turned sideways as he shot at him. The victim also testified that the passenger yelled at him, “I hope your b**** a** dies.” The victim was able to escape as he hid behind parked vehicles.

After the shootings, surveillance footage showed who the prosecution claimed is Steele and his co-defendants as they traveled on the 500 block of Lamont Street, NW, where the Kia Soul was seen abandoned with a flat tire, according to a resident who lived in the neighborhood.

The abandoned vehicle also had a Maryland license plate, as the 9-1-1 caller described from the S Street shooting.

The prosecution was allegedly able to identify Steele among the group of individuals by the outfit he was wearing. The outfit, a dark blue hoodie and dark grey jeans, was seen on an Instagram story the day before the shooting. The story contained a picture of Steele and Jackson together.

Additionally, the footage from the BP gas station that Steele and Jackson allegedly stopped at on March 1 showed the two individuals as they went into the gas station store, with Steele seen wearing the same outfit and Jackson wearing a NASA sweatshirt, which was allegedly recovered during a search warrant on May 29, 2020.

The prosecution also described the shooting that took place on Feb. 22, 2020.

The victim, who lived on the 700 block of Farragut Street, NW, described the shooters having also been driving a Kia Soul. The victim’s girlfriend testified that, “as soon as I came out on my porch I noticed two girls and two boys staring at us from inside the car.”

The victim’s girlfriend further explained that a man in the rear driver seat rolled down his window and asked the victim, “What you say?”

“She testified to how angry the person in the backseat was to the point that one of the girls in the car told him to calm down,” the prosecution explained.

The man, who was wearing a lime green hoodie, proceeded to get out of the car and walk into the middle of the street, along with another man who was sitting in the driver seat.

The individuals fired eleven gunshots at the victims as they ran into their home.

The prosecution argued that the shooters were Steele and Jackson, as Steele was seen wearing the same lime green hoodie in a picture with Jackson, also posted on Instagram.

“They exited the Kia and moved closer to their targets,” the prosecution stated. “It was the defendant who was irate and enraged, who just couldn’t let it go,” the prosecution continued.

The prosecution also mentioned how the firearm, a Glock-19, used in the Feb. 22, 2020 shooting was “consistent with” the same firearm used in the shootings on March 1, 2020, according to a witness who testified on ballistic evidence. The prosecution stated, “perhaps he [the witness] can tell you that.”

Defense attorney Megan Allburn later asked, “Are we convicting people of first-degree murder based on ‘perhaps’?”

Allburn, in her closing argument, stated, “you have heard a lot of information about other people, but I will only talk about Reginald Steele.”

Allburn argued, “no identifying witness came in and said Mr. Steele was one of the shooters” on Feb. 22 or March 1, 2020. She explained that when Lukes’ friend testified in court, he did not testify that he saw the shooters on S Street.

She also argued that there was no evidence of Steele’s having uncontrollable rage in the backseat of the Kia Soul on Farragut Street.

In response to the prosecution’s “revenge, retaliation, and retribution” argument, Allburn asked, “where did that come out from the witnesses on this stand?”

When talking about Steele’s grievance over Byrd’s death, Allburn emphasized, “a young person died and it’s unreasonable for someone to mourn the death of their friend?”

“It’s not a crime to mourn your friend,” she added.

Allburn also argued that there is no video of Steele and his co-defendants exiting the Kia Soul after they abandoned it, despite the surveillance footage that showed the individuals on Lamont Street.

Additionally, she argued that the resident on Lamont Street, who testified, said that there were three or four individuals, and that the prosecution did not refresh his memory to clarify the exact number of individuals he saw walking.

During rebuttal, the prosecution asked, “were we not in the same court room for the last two damn months?”

They added, “Ms. Allburn doesn’t like the evidence because it convicts her client.”

The prosecution argued, “she [Allburn] had the chance to cross-examine the witness and asked how many individuals he saw, but she didn’t.”

Allburn requested a motion for a mistrial, arguing that the prosecution’s statement was inappropriate and ‘burden shifting’- a legal concept that changes who is responsible for proving or disproving a key fact in a case.

Judge Brandt denied Allburn’s request for a mistrial, arguing that the prosecution’s statement was not burden shifting because “it’s a correct statement.” The defense had the chance to ask the witness those questions and did not,” Judge Brandt stated.

In regards to DNA evidence, an expert previously testified that Steele’s likely DNA was found on the door handle of the Kia Soul on March 1, 2020, the prosecution stated.

Allburn rebutted, “DNA on the door handle does not say he [Steele] was in the car during the shooting.” She explained that the DNA expert also testified that ‘DNA does not tell time,’ and that when a person touches something, their DNA is permanently on it.

Allburn emphasized, “there is no credible evidence showing Mr. Steele assisted anyone in the shooting on March, 1, 2020. There is no credible evidence showing Mr. Steele entered into a conspiracy on March 1, 2020.”

However, the prosecution rebutted, “there is no doubt that on March 1, 2020, there was an agreement to kill members of 9th Street.”

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

Stabbing Defendant Takes Plea, Receives Suspended Sentence in Phone Squabble

DC Superior Court Andrea Hertzfeld accepted a stabbing defendant’s plea deal and imposed a suspended sentence on Nov. 4.

Miyanna Parker, 31, was originally charged with assault with a dangerous weapon for her involvement in the stabbing of her partner on the 4500 block of 3rd Street, SE, on Oct. 9.

The assault allegedly occurred while Parker and the victim were at their apartment together. Parker allegedly became irate due to the victim’s being on their phone and attacked the victim. The encounter escalated as Parker allegedly grabbed a knife from the kitchen and stabbed the victim right before they retreated to the bathroom. Both the victim and defendant sustained cuts.

Defense attorney David Akulian alerted the court of Parker’s intent to accept the prosecution’s plea deal, which required her to plead guilty to simple assault in exchange for the prosecution not seeking an indictment.

Akulian clarified that by pleading guilty Parker was not declining the notion that her wound was indicative of self-defense.

The conditions of Parker’s sentence include 180 days in jail, suspended. She will be required to serve one year of probation. Parker will have to pay a $100 fee to the Victim of Violent Crime Fund. Judge Hertzfeld ordered that she engage in a domestic violence intervention program affiliated with her one year of probation.

The stay away order imposed on Parker was dropped. Parker’s partner wants Parker to be involved in their children’s lives and wants Parker to be physically present.

The parties are not slated to reconvene.

Witnesses’ Shooting Recollections Change from Previous Testimony

Two eyewitnesses who appeared before DC Superior Court Judge Danya Dayson on Nov. 6 were challenged repeatedly during their testimonies regarding the events leading up to a fatal shooting.

David Pena, 48, is charged with second-degree murder while armed, possession of a firearm during a crime of violence or dangerous offense, assault with a dangerous weapon, and unlawful possession of a firearm with a prior conviction, for his alleged involvement in the fatal shooting of Maurice Robinson, 24. The incident occurred on June 12, 2023, on the 3000 block of 30th Street, SE.

The defendant’s daughter took the stand and explained her side of the story about the fight that occurred before the shooting. She explained that the mother of her best friend had been goading her over texting in the hours before the fight, complaining about the girls verbally fighting and making rude commentary about the witness’ infant son.

As a new mother at the time, the witness grew defensive in the light of the comments, which included an accusation that the infant had Down syndrome. The witness denied that when asked by the prosecution.

The contents of the text messages required the use of the grand jury transcript, as the witness said she could no longer remember exactly what most of the messages said.

After the text messages became intense, the witness testified, she blocked her friend’s mother. Shortly after, a group of people gathered outside of the witness’ home and called for her to come outside and fight.

The witness went outside with the intention of fighting and settling whatever it was between herself and her friend, and then moving on. She later said that she wished she hadn’t.

The fight itself was brief, the witness said. It started on the sidewalk outside of the witness’ house, until she fell and was dragged into the street. Mace was sprayed into her eyes when she fell and she could not see who was attacking her.

The witness’ stepfather got on top of the witness to cover her from the assault from the group of people. At the beginning of the fight, she had heard him say “Nobody jumping in” as he got out of his car.

At one point while she was on the ground, she was aware of a man trying to stomp on her head and her erstwhile friend pulling her hair, but her stepfather was able to intercept the kicks.

She heard a gunshot, which stopped the fight. She was quick to get herself and her sisters into the house and tried to get the Mace out of her eyes.

Under cross examination, she clarified that she had not personally seen the shooting and did not know who had been shot or who had shot. She had initially assumed that the people who had come with her friend’s family had shot until she learned later that Robinson had been shot through Instagram.

Defense attorney Dana Page asked the witness about a prior incident involving Robinson, where she had gotten into a physical fight with one of his family members, had been Maced by his mother, and Robinson had chased her. A dark object had been visible in his waistband, and the witness explained she believed it was a gun.

The prosecution asked further questions and the witness explained that it was dark when that incident had occurred, sometime in the fall of 2020. She had not called the police for this incident.

However, she was questioned multiple times about the accuracy of her statements. Using the transcript of her grand jury testimony and her interview with police, the prosecution had to remind her of statements previously made under oath when she did not accurately recall them while testifying.

In court, the witness had claimed she did not know of any disagreements between herself and her friend. However, in the grand jury, she testified that there had been a disagreement regarding a message the friend had received from the father of the witness’ baby. The message had been sent in April, but the witness had only found out about it in June, and her friend had not been willing to explain what was in the message.

The transcript of her interview with detectives gave a clearer insight to the nature of her relationship with her biological father, Pena. She testified in court that they were “tight” and had become closer than they were. In her interview with police, she had said that she was closer to her stepfather than she was to Pena, and that “my real dad is only my father.” When police asked what she knew specifically about her biological father, she had answered, “to be honest with you, nothing.”

The mother of the previous witness and Pena’s ex-wife testified as an eyewitness to the fight. She had been sitting in the car with her husband, who is her daughter’s stepfather, when the fight began. She saw Pena’s other children come out of the house and also saw her daughter come out, but she does not remember if her daughter came out before or after the other children.

She was challenged with her grand jury transcript, where she had stated that her daughter came out first, followed by her four siblings: two of them the witness’ daughter with Pena, and the other two were Pena’s children with another woman.

The witness stated that she saw part of the fight from the passenger window of the car. It started on the sidewalk and moved into the street. She lost sight of the fight as it moved to the driver’s side of the car. She also testified that at one point she put her head down in fear and did not see a portion of the fight for this reason.

Her husband got out of the car to cover her daughter while the group of people was kicking her in the street. Toward the end of the fight, the witness said she heard yelling and raised voices, but “that’s about it.” She did not mention a gunshot, though the prosecution will continue with this line of questioning when the trial continues.

The mother’s recollection of the fight differed slightly from her daughter’s. While the daughter was very clear she had heard her stepfather say “Nobody jumping in” during the fight, the mother recalls her daughter saying “I don’t want nobody jumping me” and that her stepfather did not say anything.

Similarly to her daughter, the witness was contradicted a number of times. Her testimony changed regarding who she saw in the windows of one of the apartments in their building, as she had originally testified she saw two of Pena’s daughters and now believed she had seen one of the sons, whose name she could not recall.

Parties are slated to reconvene Nov. 10.

Shooting Defendant Accepts Plea Deal

A shooting defendant accepted a plea deal before DC Superior Court Judge Judith Pipe on Nov. 3.

Thurman Williams, 55, was originally charged with assault with a dangerous weapon, possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict for his involvement in a shooting that took place at the 1100 block of New Jersey Avenue, NW on Oct. 17. No injuries were reported.

Williams accepted a deal, which required him to plead guilty to attempted assault with a dangerous weapon and unlawful possession of a firearm. In exchange, the prosecution agreed to dismiss all other charges and not seek an indictment.

The prosecution argued that, if the case went to trial, they could prove beyond a reasonable doubt that Williams fired a silver gun near the victim unprovoked and knowingly, and that he was aware he was not allowed to own a gun due to a prior conviction.

Camille Wagner, Williams’ defense attorney, pushed for Williams’ release. She argued he needed to “get some affairs in order” between the Nov. 3 hearing and sentencing. She specifically pointed to Williams’ elderly mother, whom he had been financially supporting for a few years and a business he started that he would need to dismantle.

Judge Pipe denied the request for release. While she acknowledged that Williams’ prior conviction was manslaughter as opposed to murder, she argued Williams still knew he was not allowed to possess the firearm, and that he still fired it near someone.

Williams is held until sentencing.

Parties are slated to reconvene on Jan. 9.

Supervising Prosecutor Intervenes in Contentious Motions Hearing

A supervisor from the United States Attorney’s Office stepped in before DC Superior Court Judge Danya Dayson on Oct. 30 to provide support for two prosecutors unsettled by the court’s handling of potentially incriminating evidence against one of their witnesses.

David Pena, 48, is charged with second-degree murder while armed, possession of a firearm during a crime of violence or dangerous offense, assault with a dangerous weapon, and unlawful possession of a firearm by a convict. The charges stem from his alleged involvement in a fatal shooting on June 12, 2023 on the 3000 block of 30th Street, SE. Maurice Robinson, 24, succumbed to his injuries on June 13 at a local hospital.

The hearing took a turn when prosecutors learned that the court had appointed an attorney for one of their witnesses the week prior. Prosecutors informed Judge Dayson that they had since met with the witness without her attorney, unaware that she had one.

“For our legal and ethical obligations we’ve been sandbagged,” a prosecutor said before calling his supervisor.

Judge Dayson told prosecutors that their witness had been appointed a lawyer for reasons not relevant to the upcoming trial, but defense attorney Dana Page’s contention that she had a potentially incriminating Instagram video of the witness that muddled the issue.

In an earlier hearing, Page argued that an arson at Pena’s apartment was a retaliation for Robinson’s death. During the Oct. 30 hearing, Page indicated that the video, if authentic, could potentially tie the witness to the arson.

Page said that prosecutors had months to investigate the matter and that it was not her duty to inform them whether their witnesses were at risk of incriminating themselves.

“It’s not our responsibility to point out the [prosecution’s] Fifth Amendment issues,” Page said. “The [prosecution] has known about this arson since June 15, 2023.”

A supervisor for the prosecutor’s office said that she had never seen this kind of information withheld by defense attorneys and that she would need the video to determine whether the witness needed immunity.

Page argued that prosecutors did not need the video to secure witness immunity and said that the witness’s attorney, Michelle Lockard, should be provided with the video to act as an intermediary as she saw fit.

“If Ms. Lockard comes in and says ‘this is not my client,’ then we can move forward. If Ms. Page is correct then we need to address this,” the supervisor said. Lockard agreed to meet with the witness the next day and try to resolve the issue.

The parties discussed several other motions throughout the hearing. Judge Dayson found that statements Pena made to officers before he was read his rights were voluntary and ruled to admit them. Judge Dayson noted that, according to body-worn camera footage, officers tried for several minutes to read Pena his rights but that he repeatedly interrupted to make statements.

Judge Dayson also overruled prosecutors’ motion to prevent Page and her co-counsel, Gail Engmann, from arguing that Pena acted in self-defense and in defense of his daughter. Judge Dayson said that she might modify her instructions to the jury about self-defense based on the evidence presented during trial but that the existing evidence did not rule out self-defense.

“Someone who is in that situation, the heat of passion, that it may appear differently to them, so I’m going to allow the self-defense and defense of a third,” Dayson said.

Parties are slated to reconvene Nov. 3.

Judge Says DNA Investigator is ‘Creating Enormous Problems,’ With Delayed Report

DC Superior Court Judge Jason Park sharply criticized a DNA evidence investigator for repeated delays in producing a key case report for a homicide case on Oct. 31, saying the failure to meet deadlines has hindered the defense and prosecution.

Joshua Allen, 35, is charged with first-degree murder premeditated while armed, aggravated assault knowingly while armed, assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior crime of violence, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in the fatal shooting of Delonte Johnson, 28, and non-life-threatening injuries to another person on June 11, 2021 on the 4600 block of Hillside Road, SE.

Prosecution reported they had still not received the case report from a DNA evidence investigator, prompting defense attorneys Sara Kopeki and Janai Reed to confirm that their team also had not received the report in spite of multiple attempts.

The defense attorneys told the court they believe the investigator may still be collecting or testing DNA evidence.

Judge Park noted this was the second missed deadline for the report, saying it had been “blown by again.” He acknowledged that both sides appeared equally frustrated in that Allen may take a plea rather than opt for a trial.

The prosecution said it was unclear whether certain items were being tested a second time or if evidence remained untested.

Judge Park criticized the DNA analyst’s handling of the case, saying the investigator was “creating enormous problems” and “using court funds improperly.” “I am done,” Park said, expressing frustration over the repeated delays.

The prosecution said they could not waive further testing until they received complete information from the defense but emphasized that the prosecution “wants to go to trial either way.”

Judge Park said he was not opposed to issuing another voucher for a new investigator but suggested he might contact the investigator personally. The defense agreed to make another attempt to get in touch before the next hearing.

Allen asked to be moved into protective custody, citing poor jail conditions. Judge Park said he was “painfully aware” of the issues within the jail but denied the request, explaining that such transfers are extremely difficult to grant on short notice.

The parties are slated to reconvene on Nov. 7.

Defense Wants Constitutional Limits on Murder Evidence

Defense attorneys claimed there were two improper search and seizures were executed against a defendant accused of fatally shooting a victim 12 times during a hearing on Oct. 31 before DC Superior Court Judge Todd Edelman.

Joshua Franklin, 40, is charged with first-degree murder while armed, possession of a firearm during crime of violence and unlawful possession of a firearm for his alleged involvement in the fatal shooting of 32-year-old Andrew Session on the 4400 block of 3rd Street, SE, on Jan 21, 2021.

Each of the charges has an enhancement because the offenses were allegedly committed during Franklin’s release for a prior conviction.

According to court documents, Session was found in an apartment building stairwell with 12 bullet wounds on his head, torso and legs.

During the hearing, defense attorney Joseph Yarbough argued that the prosecution did not meet its burden in proving police were legally justified under the Fourth Amendment against illegal search and seziure in Franklin’s traffic stop, subsequent arrest, search of his vehicle, and seizure of his phone from the vehicle was constitutional.

In his testimony, a detective explained that the traffic stop was conducted due to a “be on the look out” (BOLO) notification issued by MPD. The officer testified that he was not personally aware of the BOLO himself and that his colleague later told him when they exited their vehicle that he recognized the vehicle from the BOLO.

Yarbough argued the prosecution has to prove that the BOLO was constitutional. While a BOLO can be used as reasonable suspicion to begin a traffic stop, the prosecution in court must investigate and prove that the BOLO itself was issued with reasonable suspicion.

Yarbough also cited DC Superior Court precedent that says that when the reasonable basis of an action originates from a separate act from an officer, that detective must testify in court.

The prosecution argued that the officers had sufficient reasonable suspicion based on the BOLO itself, which instructed them to pull over a vehicle that had markings like Franklin’s.

Yarbough argued that the seizure of Franklin’s phone from the center console of his vehicle was unconstitutional. He argued that Franklin never granted the officers permission to search his vehicle or seize his phone.

During his testimony, the detective said that Franklin was asking for his “personal property.”

Yarbough emphasized that the search warrant to extract data from Franklin’s phone does not justify the seizure of his phone from the vehicle because it was issued after officers took it.

The prosecution objected to this argument saying that DC Superior Court Judge Anthony Epstein already ruled that the warrant to search his phone was valid. Therefore, the prosecution argued that the defense can no longer call into question the search of his phone.

Yarbough responded that he was not calling into question the search of the phone but instead the search of the vehicle and the seizure of the phone from the vehicle.

The prosecution argued that the BOLO itself is sufficient to justify the search of the vehicle and the seizure of the phone because it instructed officers to extract all technology from the suspect. They also emphasized that the search of the phone only took place after a warrant was issued by the court.

Defense attorney Emma Mlyniec delivered a second constitutional argument that the prosecution conducted an improper search of Franklin’s daughter’s phone.

She called a Public Defender Service Investigator to testify to an interview conducted with Franklin’s daughter. The witness testified that the daughter’s phone was given to her by Franklin and that Franklin pays the phone bills.

Mlyniec argued that Franklin has a privacy interest in the phone because he pays for the phone’s use. She argued that Franklin has a “reasonable expectation of privacy” because parents have control over their children’s belongings, especially when they pay for them. Like a shared car, Mlyneic argued that Franklin was an authorized user of the phone.

The prosecution argued that Franklin’s daughter granted permission to search the phone and that only she uses it. Because there is no evidence that Franklin has control over or access to the phone, it cannot be argued that he is like an “authorized user” simply because he pays for the phone.

Judge Eldenman took the arguments under submission.

During the hearing, Yarbough also accused the prosecution of withholding Brady material, or evidence that could be favorable to the defense. Judge Edelman explained that the prosecution is waiting for a protective order, which would restrict the sharing of the evidence.

Parties are slated to reconvene Feb. 6.

Mom of Four Sentenced to 8 1/2 Years for Killing Would Be Peacemaker

DC Superior Court Judge Todd Edelman sentenced a defendant in a fatal stabbing case to eight-and-a-half years of incarceration during an Oct. 31 hearing.

On Aug. 28, Shaneka Jackson, 42, pleaded guilty to voluntary manslaughter and possession of a prohibited weapon for her involvement in the fatal stabbing of 23-year-old Gray Hall on the 900 block of Division Avenue, NE, on Sept. 1, 2024. Another individual also sustained injuries during the incident.

Through the deal, parties agreed to a sentencing range of four-to-ten years for manslaughter, and one year for possession of a prohibited weapon. It was up to the judge to decide if the sentences would run concurrently or consecutively.

According to court documents, Hall died from a singular stab wound to his back that injured his left lung and rib.

During the hearing, the prosecution laid out the facts of the case, explaining that there was a fist fight between several individuals. Hall was a peacemaker, who tried to break up the fight, according to the prosecution.

The prosecution argued that Jackson escalated the fist fight by bringing a knife, which she held for several minutes before stabbing Hall’s girlfriend twice and Hall once. She did this in front of her children, according to the prosecution.

The prosecution allowed 17 family members to deliver victim impact statements.

A graduate of Hampton University, Hall touched all of the lives around him, according to his family. He went to Africa to plant trees, taught his girlfriend’s son French, and prepared a special birthday song for his great grandmother’s 107th birthday. He was an active member of Jack and Jill of America, providing mentorship for Black families.

“You killed an angel,” a friend of the family said, referring to Jackson. “He was light, joy, and laughter. He was the heartbeat of his family and you stole him from us.”

Hall’s loved ones were left to grieve the wonderful man he was. His girlfriend, a victim of the stabbing, can no longer sleep without medication and her son asks everyday for his dad to come back from heaven.

His great-grandmother reflected on their time together in her statement, from reading children’s books in the back of her granddaughter’s car to sitting on the patio together on warm days.

Three weeks before his death, the family celebrated her birthday, and he embraced her saying “I’m going to see you real soon Memaw.” She said she grieves the loss of her eldest great-grandson everyday, devastated that she outlived him.

In a statement for the court, Hall’s brother shared his devastation and a feeling of deep responsibility as his parents’ last living son. His sister has dreams of inventing time travel to say ‘I love you” one more time to her brother. She cherishes memories of him putting her on his shoulders during a music festival and taking photos with her high school diploma.

Each family member argued that Jackson should serve the maximum sentence of 11 years. They shared that anything less would not be representative of the loss the community suffered.

“Show the community that a young Black life has value under the law,” a friend of the family said. “Justice must be served fully and without compromise.”

The family shared their disappointment that Hall was killed by someone nearly twice his age, who they argue should have been more emotionally mature. As a mother, they hoped Jackson would have the best interest of her children and other mothers’ children in mind.

Upon mention of Jackson by Hall’s family, members of Jackson’s family began to exit the courtroom.

The prosecution requested the maximum sentence of 11 years, explaining that the average sentence for voluntary manslaughter is 10 years in DC. When asked by Judge Edelman why they extended a plea agreement, the prosecution explained that they were not willing to risk an acquittal as it would be devastating for the family.

Defense attorney Joseph Yarbough explained that Jackson has experienced difficult circumstances. She was forced to move into the house where the incident occurred because her public housing had no running water and heat.

Yarbough also explained that Jackson has a long history of drug abuse, stemming from her parents’ detention for the use of drugs when she was a child. During the incident, Jackson had synthetic marijuana, also known as K2, and Molly–MDMA– in her system.

Yarbough explained that the defendant was attacked by Hall’s girlfriend, backing her into a corner. She armed herself with a knife to ward off future attacks, according to the defense.

Yarbough explained that Jackson was diagnosed with Post Traumatic Stress Disorder (PTSD) due to the many assaults she experienced. She lost two of her romantic partners and fathers of her children due to homicide. Jackson is a single mom of four children, including one child with a disability and twin adolescent boys, and she had no time to take care of her trauma.

When her boyfriend rushed into the fight, Yarbough explained that her PTSD was triggered. Yarbough argued that PTSD is associated with hyper-vigilance and impulsive actions, which led her to perceive danger and engage in the fight to save him.

Yarbough argued that Jackson had no intention to kill Hall and only was trying to stop him, demonstrated by the fact that she only stabbed him once.

Yarbough explained that Jackson experienced sufficient punishment. She hopes to never be separated from her children again.

Yarbough argued that Jackson has worked on rehabilitating since day one. She has received treatment for her PTSD and completed the Residential Substance Abuse Treatment (RSAT) program, where she is now a mentor for other participants. Jackson has taken several courses such as anger management and parenting.

Yarbough argued for the minimum sentence of four years, with the sentences running concurrently, and explained that Jackson would have the support of her family and organizations such as the Hope Foundation for the rehabilitation process.

Judge Edelman sentenced Jackson to eight-and-a-half years for the voluntary manslaughter charge and one year for the weapons charge. The charges will run concurrent to one another.

Judge Edelman said that four years would not be enough time for the damage Jackson caused. Simultaneously, he was issued a set of facts in the plea deal that Jackson had acted in “imperfect self-defense” and that her fear was unreasonable but present.

Judge Edelman also took into consideration that Jackson has no prior conviction or history of violent offenses.

“This is the worst thing that she’s ever done but it doesn’t define her,” Edelman said. “But she also must be held accountable for it.”

When exiting the court room, Jackson’s family announced their support for their loved one.

“We love you, free you. Your boys need you,” Jackson’s loved one said.

Parties are not slated to reconvene.

Body’s Recent Discovery Complicates Original Shooting Case

DC Superior Court Judge Rainey Brandt expressed concern on Oct. 29 about a shooting trial complicated by potential homicide charges related to the ongoing investigation of a body found in the defendant’s attic.

Christopher Wise, 34, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury while armed, assault with a dangerous weapon, unlawful possession of a firearm, carrying a pistol without a license outside home or business, possession of an unregistered firearm, unlawful possession of ammunition, and four counts of possession of a firearm during a crime of violence. These charges are in relation to his alleged involvement in a non-fatal shooting on the 4100 block of Hayes Street, NE, that occurred on June 10, 2024. One person was injured in the incident.

Wise’s recently appointed defense attorney, Darryl Daniels, requested more time to go through the evidence in the case beyond the originally planned July date.

That angered Wise who complained in open court that they kept pushing the trial back.

“I don’t need your permission or anyone else’s permission to change a hearing on my calendar,” Judge Brandt said in response while acknowledging that Wise has been waiting for his day in court in jail.

He continued to complain loudly, but she told him to stop talking: “Don’t say anything about anything, because anything you say can and will be used against you.”

Between Wise’s outbursts, the prosecutor reminded the judge of a body found in the attic of the vacant property where the victim was shot and Wise was found by police. Judge Brandt asked if it was still being investigated, and the prosecutor said she would check.

Judge Brandt worried about a superseding indictment for the potential homicide interrupting the trial for the charges Wise currently faces.

The parties decided to set a new status hearing when more information is available. As they picked a date in November, Wise once again grew agitated and began to mutter under his breath. He gradually grew louder, cussing openly in court. “You need to watch your mouth in this courtroom,” Judge Brandt said.

Wise apologized but continued talking over the attorneys. He complained about previous attorneys not providing adequate counsel and insisted that the prosecution has not sent over all the videos in the case: “Tell her we need to see all the evidence, we haven’t seen all the evidence.”

The prosecutor noted that she had sent over all of the video she has, as well as the grand jury transcript, which Wise also claimed wasn’t disclosed. Daniels told Wise he would speak to him about these issues after the hearing.

Parties are slated to reconvene Nov. 24.

Document: MPD Investigating Southeast Homicide

The Metropolitan Police Department (MPD) announced they are investigating a homicide that occurred on Nov. 4 in Southeast, Washington, D.C. The victim, identified as 40-year-old Lowell Trueheart, was found with gunshot wounds on the 3500 block of Minnesota Avenue and pronounced dead at the scene.

Judge Finds Probable Cause in Co-Defendant Attempted Carjacking, Robbery Case

DC Superior Court Robert Hildum found probable cause a defendant was involved in a carjacking and robbery after his co-defendant waived his preliminary hearing on Nov. 6.

Anthony Taylor, 18, and Laurence Cotton-Powell, 19, are each charged with three counts of robbery, three counts of assault with intent to commit robbery, and one count of attempted carjacking for their alleged involvement in two separate incidents that occurred on Aug. 3.

The first was a robbery that occurred at 2:50 a. m. at the Sunoco gas station on the 1400 block of U Street, NW. The second was an unarmed carjacking that occurred at 3 a. m. at the 1400 block of Swann Street, NW.

During the hearing, Cotton-Powell’s attorney, David Akulian, alerted the court that his client waived his right to a preliminary hearing. Judge Hildum accepted the waiver and excused Cotton-Powell’s presence for the remainder of the hearing.

Taylor’s attorney, Kevann Gardner, alerted the court that Taylor would be proceeding with his hearing.

The prosecutor called the Metropolitan Police Department (MPD) detective who wrote the arrest warrant to testify. He presented a series of surveillance videos and Google Map photos the detective gathered during his investigation.

The first clip showed a group of 10-to-15 individuals. According to the detective, Taylor and Cotton-Powell identified themselves in the video. This group approached a smaller group of individuals who were smoking near a Sunoco gas sign. The detective said witnesses told him the larger group demanded items from the smaller group, saying, “Come here, give me everything,” and assaulted them.

During the assault, the footage showed one individual who was knocked to the ground. When the person tried to stand back up, an individual alleged to be Cotton-Powell stomped on the victim’s head, knocking the individual down.

Several in the courtroom gasped at seeing the violence.

The video subsequently showed suspects stealing the victim’s watch and one shoe during this assault. The detective testified that the victim had to go to the hospital for stitches on his lip.

After the altercation near the Sunoco gas station, other footage showed the large group of individuals walking towards Swann Street, NW.

According to the detective, the group approached two individuals, demanded their keys, and said “give me your car, give me your keys.” The detective testified that Taylor threw the first punch towards one of the individuals, knocking them to the ground. Taylor then allegedly punched and kicked the individual while they were on the ground, said the detective.

The detective then described a third incident the defendants were not currently charged with that happened around 6 a. m. on Aug. 3. According to the detective, the group assaulted another individual, robbed them of their watch, phone, and Jordans’ tennis shoes. The detective said the stolen Jordans were allegedly found in Taylor’s backpack.

The detective said MPD stopped the group and arrested Cotton-Powell and Taylor shortly after the third incident.

The detective added that MPD officers also retrieved the shoes Taylor wore on the night of the incidents with what seemed to be dried blood. Although the blood was not tested for DNA, Taylor did not receive any injuries from the night of the altercation, according to the detective.

During cross-examination, Gardner first focused on the larger group Taylor was a part of said to consist of African Americans and Hispanics from 15- to- 18 years old. As opposed to the smaller group of all white, adult males who were coming from a bar, according to Gardner.

According to the detective, Taylor revealed during a custodial interview with MPD indicating the smaller group initially interacted with Taylor’s group asking for a lighter. Taylor also told the detective that when Taylor’s group refused because, the smaller group responded by calling them “a bunch of n******.” That’s when the fight started, according to Taylor’s interview.

Gardner also mentionedit was uncertain who among the group stole the watch and the shoe from the first victim.

Regarding the second incident, the attempted carjacking, Gardner said it was uncertain who started the interaction. Gardner said no keys were taken, no weapons were used, and no one entered the car. Additionally, Gardner argued that, when the victims were first talking to police about the incident, they did not mention an attempt to take their keys or car, therefore it was not an attempted carjacking.

Gardner also mentioned that Taylor was compliant with the investigation, voluntarily spoke to the detective, and waived his Miranda rights.

Gardner focused on Taylor’s robbery charge and asserted there was no evidence of Taylor taking part in or planning the first robbery.

He noted that a group was involved in the incidents and they should not just be attributed to Taylor. Gardner asserted that the prosecutor did not have the evidence to file an assault with intent to commit robbery charge, but acknowledged it might be different if it was a simple assault charge..

Judge Hildum was impressed by Gardner’s argument, stating that he “did a pretty amazing job” presenting the case, but simply did not agree. Judge Hildum stated that he found probable cause in all three cases.

Parties then presented arguments regarding Taylor’s release or detention pending trial.

Gardner mentioned that Taylor had no prior offenses, had stable employment, and not a flight risk because his family lived in the area. Gardner noted Taylor’s mother was present online for the hearing. Furthermore, Gardner said Taylor needed to support his family and keeping putting him in the DC Jail would strain on his family.

The prosecution argued that Taylor was charged with multiple counts so he should remain detained. They asserted that since there were three incidents, Taylor had two chances to stop, but decided not to. Furthermore, the prosecutor alleged Taylor led the group, and was not only a mindless follower.

According to the prosecutor, the victims from each incident implicated Taylor strongly in each case through identification as opposed to their ambivalent reaction to photos of other individuals in the group.

Judge Hildum agreed with the prosecution, focusing particularly on how this case involved multiple counts. “Based on the nature of the offense, offenses, one after another,” Judge Hildum ordered Taylor to remain held at the DC Jail.

Parties are slated to reconvene on Dec. 11.

Judge Denies Release For Co-Defendants in Shooting Case

DC Superior Court Judge Robert Salerno denied motions to release two co-defendants charged in a gun-related assault case during a hearing on Nov. 5.

Zion Greely, 19, Lorenzo Covington, 20, are charged with assault with a dangerous weapon for their alleged involvement in a non-fatal shooting on the 700 block of N Street, NW, on Oct. 14.

According to court documents, Greely, Covington, and another individual were captured on surveillance video firing handguns at a victim following a verbal dispute near 7th and O Streets, NW. Responding officers recovered 27 shell casings and two bullet fragments from the scene.

Investigators later identified Covington through a Metropolitan Police Department (MPD) Be on the Lookout (BOLO) flyer and confirmation by his Court Services and Offender Supervision Agency (CSOSA) case manager. Covington was on release for another case at the time of the incident.

During the hearing, Greely’s defense counsel, Diana Yu, requested his release, arguing there is no clear evidence he poses a danger to the community. Yu said Greely is enrolled in school, on track to graduate, and engaged in mental health services.

The prosecution opposed release, arguing that Greely armed himself and participated in a violent confrontation. Prosecutors said no combination of conditions would ensure community safety.

Covington’s defense counsel, Claudine Harrison, also sought his release, acknowledging his criminal history but noting that he is involved in youth programming and an apprenticeship. Harrison said Covington’s mother was willing to supervise him under home confinement. The prosecution opposed release on the same grounds.

Judge Salerno denied both motions.

The parties are scheduled to return for trial readiness on Jan. 2, 2026.

‘I’m Not a Relationship Therapist,’ Judge Says During Probation Hearing in Shooting

DC Superior Court Judge Danya Dayson said that she could not allow a cycle of violence between a defendant and her “ex”to continue during a probation hearing on Oct. 30.

In the spring, Javonee Jackson, 25, accepted a sealed plea agreement for her involvement in the shooting of her baby’s father on May 10, 2023 at the 700 block of 7th Street, NW. She was originally charged with assault with intent to kill, and the terms of the plea are not accessible.

The victim, Keanu Scott, sustained injuries to the face, arm, and torso.

Scott faces charges for his alleged involvement in shooting at Jackson on Aug. 21, on the 800 block of Dahlia Street, NW. During the hearing, Judge Dayson stressed the significance of a violation of Jackson’s protective order against Scott, which states she cannot reach out to him, and the importance of her work with mental health services.

Jackson and her attorney, Alvin Thomas, asked for the show-cause to be dismissed given the nature of her contact with Scott. Jackson said that she had messaged him only because of the threat he posed to her and her son. Jackson also argued that some of her difficulties in complying with her probationary measures were a result of the shooting.

“The seven days I missed the mental health exam I was shot in my leg,” Jackson said. “I’m doing what I’m supposed to do.” According to court documents, it is unclear if her injury was from a gunshot or shrapnel.

Dayson told Jackson that she understood the difficulty of her situation and recognized that it was not her job to police Jackson’s personal life. Dayson noted, though, that any contact between Jackson and Scott could have lethal consequences for other people.

“There is a cycle of violence between the two of them and no disengagement,” Dayson said. “I’m not a relationship therapist,” Dayson added.

Dayson insisted that she could not discharge the probation hearing and needed to make sure Jackson followed through on all of her obligations to the court.

Parties are slated to reconvene Dec. 12.

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