Trial Delayed for Outstanding DNA Sample

DC Superior Court Judge Judith Pipe delayed a shooting trial, slated to begin on Oct. 7, in order to ensure the service of a buccal swab warrant to gather DNA evidence from a sample taken inside of a person’s cheek. The move came during a hearing on Sept. 30.

Demann Shelton, 31, is charged with assault with a dangerous weapon for his alleged involvement in a shooting that injured one individual on Nov. 9, 2020 on the 3000 block of 14th Street, NW.

The defense attorney, Emily Sufrin, also argued that the indictment with a deadline 90 days after Shelton’s April 3 arrest, should already ave already been delivered. They further argued that the prosecution delayed the buccal swab warrant by 72 days.

According to the prosecution, the buccal swab was delayed due to a previous prosecutor’s dealing with personal emergencies.

Judge Pipe reordered the buccal swab after a conversation with the prosecutor.

Parties are slated to reconvene Jan. 7.

Document: MPD Investigating a Homicide After the Death of a Man in a 2005 Shooting

The Metropolitan Police Department (MPD) is investigating the death of 55-year-old Rodney Dixon, who succumbed to injuries from a 2005 southeast shooting incident. The incident that led to Dixon’s death occurred on July 18, 2005, on the 100 block of Wayne Place, SE.

He succumbed to his injuries on Oct. 3, 2023, and the Office of the Chief Medical Examiner in Maryland (OCME) determined the cause of death to be complications from gunshot injuries. They ruled the manner of death a homicide.

Defendant Sentenced to Probation For Non-Fatal Shooting

In a sentencing on Sept. 30, DC Superior Court Judge Jennifer Di Toro sentenced a shooter to one year probation.

On Feb. 17, Antonio Harrison, 48, accepted an agreement which required him to plead guilty to attempted assault with a dangerous weapon and carrying a pistol without a license outside a home or business for his involvement in a shooting at the 900 block of 21st Street, NE, on July 17. No injuries were reported.

In a recent hearing, Harrison was sentenced after firing a gun during a family altercation. Both parties agreed to a split sentence, a sentence under which the defendant serves up to half of his term of imprisonment outside of prison.

The prosecution requested 28 months for the split, emphasizing the recklessness of firing five bullets into the air, though no one was harmed. They acknowledged mitigating factors, including Harrison’s personal losses, and credited him for taking responsibility.

Defense attorney Kavya Naini sought a 10-month sentence, highlighting Harrison’s remorse and rehabilitation. Naini described the incident as out of character, noting his efforts to overcome substance abuse and rebuild his life, especially for his children. Harrison spoke about his regret, calling it the “worst mistake of my life,” and committed to staying sober and supporting his family.

Judge Di Toro emphasized sobriety as key to his continued recovery. Recognizing Harrison’s remorse, she sentenced him to 24 months on the attempted assault charge, with 24 months time suspended, one year probation and another 24 months on the carrying a pistol charge, with 24 months time suspended, and one year probation to be served concurrently with each other.

No further dates were set.

Homicide Defendant Balked at Questions, Officers Testify

Two Metropolitan Police Department (MPD) officers testified about interviewing Eugene Burns with similar questions until he refused to say any more. That they say was on the day his mother reported finding the dead body of his friend in her apartment.

The testimony was presented during the trial of Burns and his co-defendant, Tyre Allen, before DC Superior Court Judge Marisa Demeo on Sept. 30.

Burns, 32, is charged with first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence for his alleged involvement in the shooting death of 24-year-old Onyekachi Emmanuel Osuchukwu III, on Nov. 14, 2015, on the 2900 block of Second Street, SE.

Burns was convicted of the charges in 2017, but the verdict was overturned in 2020 and the DC Court of Appeals returned the case to DC Superior Court.

Along with Allen, 24, Burns is also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of the due administration of justice. The charges stem from their alleged attempts in 2020 to persuade and intimidate a witness into recanting testimony he gave against Burns in the original murder trial.

The prosecution called as witnesses two MPD officers who responded to the scene of the incident when Burns’ mother called 911 to report the homicide.

The first officer confirmed the accuracy of her body-worn camera footage showing her questioning an individual identified as Burns on the stairwell outside his mother’s apartment. The questions included who the victim was, why he was there, what his phone number was, when Burns was last in contact with him, what Burns’ phone number was, and where Burns lived.

The officer told the jury that Burns named the victim, said he was a friend visiting from California, gave both their phone numbers, and said they last texted each other the previous night at 7:00 or 7:30. He said he split his time living with his mother, his grandmother and a cousin.

The second officer to testify said he asked Burns similar questions in the courtyard outside Burns’ mother’s apartment building. He then took Burns to the police station, intending to conduct a more extensive interview.

The prosecution showed surveillance video the second officer identified as being from his interview with Burns at the station. When the officer began asking questions, the individual identified as Burns objected that he had already answered twice and asked if he was being charged.

“If you were being charged with anything, you’d be here,” the officer said, striking the metal chair positioned between the two upholstered office chairs he and Burns were sitting in. “With this on your ankle,” the officer added, shaking a metal restraint bolted to the floor.

The individual identified as Burns asked for a lawyer.

“Why don’t you want to talk about your friend’s murder?” the officer asked.

“I’m done talking,” the individual identified as Burns said.

The officer testified he ended the interview at that point and let Burns leave.

During cross-examination, Rosemary Szanyi, Burns’ defense attorney, confirmed with the officer that he interviewed Burns in a room where people under arrest are interviewed.

On redirect examination, the prosecutor clarified that the same room is used to interview suspects under arrest and witnesses not under suspicion.

The officer said it is standard practice to interview witnesses at the police station because they will often give more information there than in a public place where others can see them speaking to police.

While the jury was out of the room Judge Demeo heard parties’ arguments over evidence the prosecution wanted to present that the defense objected to.

Szanyi argued that a recording of a jail call the prosecution wanted to play in court was not relevant. Although the prosecution said the call was about the witness Burns and Allen were accused of trying to subvert, Szanyi argued the call was about a different witness.

Judge Demeo ruled the recording of the jail call inadmissible.

Jocelyn Wisner, another defense attorney representing Burns, argued that the records of text messages the prosecution planned to present to the jury were hearsay and therefore inadmissible in court if the prosecution didn’t call as witnesses the owners of the phones from which the texts were extracted.

The hearsay rule says no statement intended to prove the truth can be admitted as evidence unless the person who made the statement is available for cross-examination.

Judge Demeo said the records of text messages weren’t intended to prove the truth of what they asserted. She said they were evidence of actions taken by the owners of the phones, such as erasing messages or requesting an alibi.

Judge Demeo ruled the records of text messages admissible.

Wisner objected to the prosecution’s showing the jury cell phone records from the morning after the murder indicating Burns repeatedly searched the internet for “Rico Paid in Full.”

The prosecution claimed the searches are relevant because Paid in Full is a movie in which the drug dealer Rico kills his partner. Burns is accused of killing Osuchukwu over the profits from their shared drug deals.

Wisner said the prosecution plans to ask a detective to give his subjective account of the movie, but the movie is complex and Burns could have many reasons for searching for it.

Judge Demeo ruled the record of searches for “Rico Paid in Full” admissible.

If the defense wants to challenge the detective’s account, Judge Demeo said, they can cross-examine him or call another witness to give a different view.

The trial will resume on Oct. 1.

Judge Limits Victim’s Testimony In Shooting Trial

DC Superior Court Judge Rainey Brandt limited the scope of a non-fatal shooting victim’s testimony on Sept. 30 due to late disclosures by the prosecution and instructed that the jury consider the impact of the delays.

Jamal Coleman, 32, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed for his alleged involvement in a shooting that injured one victim. The incident occurred on May 4, 2023, on the 4600 block of Polk Street, NE.

The late disclosures concerned the victim’s making contradictory statements about the incident during meetings with the prosecution. Judge Brandt ruled that only information about the day of the incident is admissible despite history between the victim and Coleman.

It was noted during trial, but not in presence of the jury, that Coleman and the victim have had previous physical altercations and shared mutual animosity.

During the victim’s testimony, he stated he knew Coleman as his neighbor that lived below him for two or three years.

When asked if he disliked Coleman, the victim stated, “I don’t care about him.” There were multiple times during his testimony where the victim began talking about his past with Coleman in greater depth but was stopped due to objections based on Judge Brandt’s ruling.

The victim provided details about the incident and described seeing Coleman that day with a man he recognized as one of Coleman’s friends that was a frequent visitor.

He described him as “some fat dark skinned n*****.” He was often referred to as “the big guy” during trial.

The victim stated that Coleman and the big guy were sitting in Coleman’s car with the doors open when he left his apartment that day. He heard the two men say, “we’re gonna light his a** up,” but continued with his plans to walk to a Metro station because he was picking up his kids.

Shortly after, the victim stated, he noticed Coleman in the driver’s seat and the big guy in the passenger seat.

The victim said the car tried to cut him off when he was approaching the street where the Metro station is located and then stopped parallel to him. He said the window was rolled down and the big guy made threats towards him.

The victim said he and the big guy engaged in a “back and forth,” and then the big guy allegedly pulled out a gun.

At this point, the victim recalled fearing for his safety and hearing about five gunshots before running into the Metro station for help.

The victim’s hand was shot during the incident. “I can’t operate my left hand like I used to,” he told the jury. He explained that he was a trained “sous chef,” so the injury impairs his work.

The defense questioned the victim’s vague statements when first talking about the incident to police immediately after it occurred. According to the defense, the victim told police at the hospital that he didn’t know who shot him and that he didn’t have problems with anyone.

The victim responded by stating, “I was on medication and in a lot of pain” and unable to tell the full story at the time.

The victim stated that he identified the suspect car as a black Chevy Impala at the hospital and that he knew Coleman drove a similar vehicle. He also clarified that he recognized both Coleman and his friend but that he didn’t specifically know the friend’s name who was the alleged shooter.

The victim stated that he did not see Coleman with a firearm on the day of the incident and did not see Coleman fire at him.

Trial will resume on Oct 1.

Non-Fatal Shooting Defendant Pleads Not Guilty, Requests New Attorney

Andrew Black pleaded not guilty to all charges and asked DC Superior Court Judge Marisa Demeo to appoint a new defense attorney for him at his arraignment on Sept. 30.

Black, 51, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with a dangerous weapon, three counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, unlawful possession of a firearm by a convict, unlawful possession of ammunition, and carrying a pistol without a license outside a home or business.

The charges stem from Black’s alleged involvement in a shooting that left an individual suffering from life-threatening injuries on Sept. 9, 2023, on the 4600 block of Connecticut Avenue, NW.

Quo Mieko Judkins, Black’s defense attorney, asserted his constitutional rights, including the right to a speedy trial.

Black explained his reasons for requesting a new attorney privately to Judge Demeo, who agreed to grant his request.

Parties are set to reconvene on Oct. 25.

Defendant Sentenced to 108 Months in Prison For Shooting Two Juveniles

In a sentencing hearing on Sept. 27, DC Superior Court Judge Maribeth Raffinan sentenced a shooter to 147 months, with 39 months suspended for his involvement in the shooting of two juveniles.

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 that injured two juveniles, a 15-and a 17-year-old, on March 22, 2023, on the 1000 block of Park Road, NW.

During the hearing, prosecutors presented video evidence capturing the sound of four gunshots, and added that 13 bullet casings were recovered from the scene. They argued Lemus presents a danger to the community.

The victims, who did not attend the hearing due to safety concerns, submitted statements detailing their physical and emotional pain. Prosecutors sought a prison term of 219 months, citing the nature and circumstances of the incident.

Lemus’ defense attorney, Shawn Sukumar, requested a reduced sentence of 102 months for the assault charge and 60 for the possession charge to be served concurrently, citing Lemus’ age at the time of the crime, his traumatic upbringing, and his success in rehabilitation programs.

Sukumar mentioned Lemus’ constant state of fear living in his community and the trauma this incident has caused. According to Sukumar, Lemus has shown maturity and self awareness and dedication to completing his education.

The defendant’s family appeared before the court to show support.

Judge Raffinan imposed a sentence under the Youth Rehabilitation Act (YRA), with supervised release and an intervention plan. The YRA allows a defendant’s conviction to be sealed if the individual successfully completes all sentencing requirements.

Judge Raffinan imposed a sentence of 108 months for the assault with intent to kill while armed charge, and 60 months for the possession charge, which will run concurrently. The court also granted a stay-away order from the area where the shooting took place and from the victims.

No further dates were set.

Robbery Convict Resentenced After Release Violations

Jerome L Jackson appeared in DC Superior Court Judge Robert Salerno’s courtroom on Sept. 26 for a resentencing hearing.

Jackson, 20, also known as Daman Hudson, pleaded guilty to two counts of attempted robbery on Feb. 4, 2022. Then he was sentenced by DC Superior Court Judge Sean Staples to 12 and 14 months concurrently on the charges, granted six months credit for time served for each, with three years supervised release under the Youth Rehabilitation Act (YRA). The law effectively seals a youthful offender’s conviction if he successfully completes the term.

On Aug. 6, 2022, Judge Staples amended his sentence to 12 months supervised probation under the YRA. Six months later Jackson was declared noncompliant with his release conditions including failure to submit drug tests, failure to attend violent acts program, failed alcohol testing, non compliant with GPS tracking, missed phone calls with the Court Services and Offender Supervision Agency (CSOSA), and failure to complete 90 hours of community service.

On Oct. 23, 2023, he was taken into custody after several more notices of noncompliance were filed.

At Thursday’s hearing, the prosecution argued that Jackson’s record shows his past convictions have not deterred him from committing similar offenses. The prosecutor asked for Jackson to serve his full sentence and it be consecutive with any other convictions imposed.

In response, defense counsel, Andrew Ain, argued Jackson is a product of his environment growing up in a dangerous community. Further, he is already being punished for transgressions and has shown efforts of good faith by pleading guilty.

After deliberation and statements from both parties, Judge Salerno ruled that Jackson would serve his original sentence, plus additional time any on other charges.

Defendant Waives Preliminary Hearing, Judge Orders Detention

DC Superior Court Judge Renee Raymond ruled to keep a defendant in custody on Sept. 30 because of safety concerns after he waived his rights to a preliminary hearing.

Danta Forter. 47, is charged with aggravated assault knowingly while armed for his alleged involvement in a stabbing at the Metro Center Station on the 600 block of 11th Street, NW that occurred on July 1. The victim was injured to the extent his intestines were protruding from a stab wound to his lower abdomen.

According to court documents, a video camera captured the stabbing as an individual, later identified as Foster, followed the victim off a train car. The two were engaged in a verbal argument when the suspect approached and stabbed the victim.

Quo Judkins, Foster’s attorney, informed the court that the defendant waived his rights to a preliminary hearing. She requested that Foster be released, noting that DC Superior Court Judge Jennifer Di Toro had previously agreed to release Foster to a mandatory inpatient drug treatment in a separate case.

“The incident was a very violent stabbing,” countered the prosecution. She emphasized that the stabbing was unprovoked and Foster did not know the victim. The prosecution also pointed out that Foster had two undisclosed pending cases and a probation in Maryland at the time of the stabbing.

The prosecution asked for Foster to be held due to the violent nature of his actions and his criminal history.

Judge Raymond believed there were no reasonable conditions that could be applied to the defendant to keep the community safe and she ruled to keep Foster held.

Parties are slated to reconvene Sept. 29.

Judge Denies Motion to Dismiss Stabbing Case

DC Superior Court Judge Errol Arthur denied a defense motion to dismiss charges after the prosecution requested a trial postponement to the unavailability of a key witness during a hearing on Sept. 30.

Darin Anthony, 58, is charged with two counts of assault with a dangerous weapon and carrying a dangerous weapon outside a home or business for his alleged involvement in a stabbing that occurred on the 400 block of W Street, NW, on Sept. 11, 2023. One victim was injured in the incident.

Prosecutors alerted Judge Arthur they needed to delay the trial due to a key witness’ unavailability to testify. As a result, Jamison Koehler, Anthony’s attorney, requested the judge dismiss the case.

According to Koehler, this is not the first time the prosecution has faced witness availability issues.

Judge Arthur denied the motion, but stated if the issue continues he would be entertain a motion to dismiss.

The next hearing is scheduled for Nov. 12, 2024.

Defendant Accepts Plea Deal in Shooting Case

On Sept. 30, a non-fatal shooting defendant accepted a pre-indictment plea offer extended by the prosecutor before DC Superior Court Judge Errol Arthur.

Koby Ham, 25, is charged with endangerment with a firearm, two counts of assault with a dangerous weapon, and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting that occurred on June 2 on the 1300 block of Savannah Street, SE.

There were two victims involved, but no injuries were reported from the shooting.

Ham pled guilty to all charges, and in exchange, the prosecution agreed not to seek an indictment.

The sentencing hearing will take place on Dec. 16.

Defense Asks to End Separation to Get Defendant Out of ‘The Hole’

Three co-defendants were arraigned on a 26 count indictment and pleaded not guilty before DC Superior Court Judge Maribeth Raffinan on Sept. 27, before a defendant’s attorney requested their separation order be vacated.

Derricko Johnson, 20, Ronald Henderson, 19, and Daveon Robinson, 17, are all charged with a total of 13 counts of possession of a firearm and 12 counts of assault with intent to kill. Johnson and Henderson are also charged with first-degree premeditated murder and a total of six counts of carrying a pistol without a license. Additionally, Henderson and Robinson are charged with conspiracy.

According to court documents, these charges stem from the co-defendants alleged involvement in the fatal shooting of 16-year-old Justin Johnson at the 2000 block of Savannah Terrace, SE on May 26, 2022.

At the hearing, all three co-defendants waived their right to formal reading of their charges, pleaded not guilty, and submitted a request for release. Judge Raffinan asked for Johnson’s and Henderson’s attorneys to submit their request for release in writing. The matter of Robinson’s release will be addressed at an Oct. 16 hearing.

Lisbeth Sapristein, Henderson’s attorney, asked Judge Raffinan to remove the separation order that the Department of Corrections (DOC) had implemented between Henderson and Robinson. Sapristein said Henderson is being held in solitary confinement to abide by the separation order and it is unfair to “restrain his liberty” until Henderson’s August 2025 trial date.

Saperstein said Henderson had been in this situation before and was released from solitary confinement. She argued that because Henderson was not “in the hole” because of disciplinary action, the separation order should be lifted and he should be free to move about the jail.

The prosecution said they were against the lifting of the separation order due to the conspiracy charges filed against Henderson and Robinson. The prosecuting attorney said when Henderson was released from solitary confinement in the past, he was involved in a jail stabbing.

Judge Raffinan said she has no authority to lift a separation order that was requested by the prosecution and imposed by the DOC. Henderson’s original release from solitary confinement was a result of the prosecution’s withdrawing its request with the DOC, not the court ordering Henderson to be released, Judge Raffinan said.

Judge Raffinan asked Saperstein to file something in writing or speak to the prosecution about withdrawing its request for separation.

All parties are slated to reconvene on Nov. 22.

Shooting Video ‘Spoke for Itself,’ Judge Says, Finding Probable Cause

DC Superior Court Judge Rainey Brandt found there was enough evidence to take a shooting case to trial on Sept. 27 because of video footage of the defendant allegedly shooting the victim.

Marcus Martin, 28, is charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. The charges stem from his alleged involvement in a shooting on the 4200 block of East Capitol Street, NE, on Jan. 11.

The prosecution called the lead detective in the case to testify about the investigation and video footage of the shooting.

The detective said Martin’s Community Supervision Officer (CSO) identified him as the shooter in the video.

The footage showed an individual identified as Martin arriving at an apartment entrance as the victim’s car pulled up. On seeing the car, the individual shook his head and walked out of view of the camera. After some time, the individual came back into view and waited for the victim to leave his car before shooting him. The victim was able to run away from his attacker and get help.

During cross examination, the detective said the victim could be seen reaching into his jacket pocket right before Martin shot him. He said the victim lied about the incident when police first interviewed him.

The prosecution argued there was enough evidence to find probable cause for assault with intent to kill while armed and the other charges. They said the identification of Martin as the shooter was strong and Martin’s self-defense claim was debatable because the victim said he was reaching for a phone.

Quo Judkins, Martin’s attorney, argued there was insufficient evidence to go to trial. She said the victim’s initial dishonesty with police meant the victim’s reason for appearing at the apartments was still a question.

Judkins said the victim’s reaching into his pocket right before the incident supported a potential self-defense argument.

Judge Brandt said the video “spoke for itself,” and a reasonable inference of intent could be drawn from Martin’s actions in the video.

Judkins asked the court to release Martin to home confinement with global positioning system (GPS) tracking. She argued that he had a wife and children to take care of and would comply with release conditions.

The prosecutor argued the offense was dangerous and Martin had already been identified as the shooter. He asked the court to keep Martin in detention.

Judge Brandt denied Martin’s release.

Parties are slated to reconvene Nov. 22.

Judge Tells Defendant ‘You’re Attracted to Guns,’ Sentences Him to 30 Months

On Sept. 27, DC Superior Court Judge Heidi Pasichow sentenced a defendant to 30 months in prison for a non-fatal shooting, stating, “It’s not like you’re attracted to football. You’re attracted to guns.”

Tyequan Taylor, 28, pleaded guilty to assault with a dangerous weapon and unlawful discharge of a firearm for his involvement in a non-fatal shooting on Aug. 22, 2023, on the 500 block of Taylor Street, NW. No injuries were reported.

The prosecution requested Judge Pasichow sentence Taylor to 30 months because of the “callous nature” of the crime. They argued that Taylor brandished a firearm following an altercation at a crowded house party and fired three shots into the air on the front lawn.

They noted that Taylor has two previous firearm-related convictions in Maryland.

The defense attorney, Tammy Thom, requested a sentence of 24 months.

Taylor addressed the court and apologized to his best friend who threw the party and his girlfriend who was involved in the altercation. He stated, “I’m not a violent person. It was the drugs and alcohol that caused it.”

He expressed a desire to comply with whatever sentence is imposed and to return to his life of working and being a good father.

Judge Pasichow stated that although the defendant is taking responsibility, the impact of his actions on others is not erased. She expressed that she did not trust probation would prevent Taylor from picking up another charge, citing that this is his third firearm-related charge.

Judge Pasichow ultimately sentenced Taylor to 30 months with credit for time served and three years of supervised release for assault with a dangerous weapon, and 180 days for unlawful discharge of a firearm, which will be served concurrently. She also asked for mental health, substance abuse, and anger management evaluations.

Addressing the defendant, Judge Pasichow explained that he was alienating people and damaging the community and those he cared about.

Judge Pasichow concluded, telling Taylor, “You have the rest of your life ahead of you.”

No further dates were set.

Judge Postpones Carjacking Hearing

On Sept. 26, DC Superior Court Judge Heidi Pasichow postponed a robbery defendant’s felony status conference hearing after his attorney requested extra time for the judge to review a motion to sever charges.

Christian Ware, 25, is being charged with robbery while armed, possible firearm during a crime of violence and three counts of unarmed carjacking for his involvement in an incident that occurred in June. 19, on the 4000 block of Minnesota Avenue NE.

According to court documents, the victim was driving his friend’s 2016 black Audi, when he stopped at a Popeyes’ restaurant to pick up an order. Subsequently, he noticed one suspect walk towards his car, and attempt to get in. The victim pulled the suspect out of the car which led to a physical altercation, then a second suspect appeared and threatened to shoot the victim.

During the hearing, Ware’s attorney, Varsha Govindaraju filed a motion to sever counts of armed and unarmed carjacking in that they should not be included in the same indictment. Additionally, she requested extra time for the prosecution to respond to their counter offer to a plea deal. Details of the agreement were unspecified.

Parties are set to reconvene on Oct. 22.

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