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Stabbing Defendant Waives Right to Trial, Pleads Guilty to Misdemeanor Charges

A stabbing defendant pleaded guilty to misdemeanor charges in front of DC Superior Judge Erik Christian during a hearing on July 18. 

Gregory Lewis, 57, was originally charged with assault with a dangerous weapon for his involvement in a non-fatal stabbing on the 1400 block of L Street, SE on April 7. A victim suffered multiple stab wounds. 

During the hearing, Gregory Copeland, Lewis’ attorney, told Judge Christian he was ready to accept the plea deal extended by prosecutors. 

The plea offer would reduce Lewis’ charge of a felony assault with a dangerous weapon to two misdemeanor counts of simple assault and possession of a prohibited weapon in exchange for the prosecution not seeking indictment. Lewis is also to pay $250 to the Victims of Violent Crime Fund. 

Copeland requested Lewis be released to begin mental health treatment with Oak Crest Counseling prior to the sentencing hearing.

Prosecution objected to defense’s request, expressing concern that Lewis might re-offend while on release given his criminal history and pending charges. If the Judge granted release, prosecution requested for Lewis to be placed on GPS monitoring. 

Judge Christian granted the defense’s request for Lewis to be released to begin counseling services, stating, “I want to see if you can stay in compliance.”

Parties are set to reconvene on Aug. 1 for sentencing. 

Victim, ‘A Thousand Percent,’ Certain of Identifying Shooting Suspect, Says Detective

DC Superior Court Judge Heidi Pasichow rejected a shooting defendant’s motion to suppress photo identification evidence in a July 17 hearing.

James Guillory, 24, is charged with two counts of assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a license for allegedly shooting and injuring two individuals on June 15, 2023 on the 4600 block of Hillside Road, SE. 

A male victim sustained a firearm injury to the hip, and a female victim sustained a ball bearing (BB) gun injury to the nose.

The prosecution called a detective from the Metropolitan Police Department (MPD) who testified he presented the female victim a photo array of a targeted suspect and random individuals. The woman said recognized the individual to be the shooter.

During the hearing, the prosecution played video footage of the detective conducting the interview with the victim. When the victim identified the shooting suspect, choosing a picture of Guillory, she was asked by the detective the level of confidence in her choice. The victim responded she was, “A thousand percent” sure he was the shooter.

In cross-examination, Guillory’s defense attorney, Varsha Govindaraju, replayed video footage from the interview and pointed out one specific segment in which the victim identified some of the individuals as her friends. The detective then informed the victim that some of the photos of individuals were randomly selected. 

The defense argued this was a violation of protocol as the detective was not supposed to indicate any photos were randomly selected.

In addition, the defense argued there were other factors that could have led to misidentification such as the detective paraphrasing instructions of the interview, the victim’s lack of attention to instructions being on the phone some of the time, and the victim potentially seeing other pages of a photo array that that she should not.

Judge Pasichow rejected the defense’s request to suppress the photo array evidence, arguing there were no circumstances that would have led to misidentification. 

Parties are scheduled to return Aug. 1.

Carjacking Defendant Deemed Competent, But Motions Delay Trial 

DC Superior Court Judge Robert Salerno delayed a carjacking defendant’s trial due to multiple outstanding motions but declared him competent during hearings on July 16 and 17. 

Kenneth Phillips, 24, is charged with armed carjacking, aggravated assault knowingly while armed, robbery while armed, burglary two, first-degree theft, unauthorized use of a vehicle during a crime of violence, receiving stolen property of $1,000 or more, and no permit for his alleged involvement in an armed robbery and carjacking on Nov. 15 and 16, 2021 . The incidents occurred on the 2000 block of 4th Street, NE.

According to court documents, on Nov. 15, 2021, Phillips allegedly assaulted an individual as he stole his key ring, which contained keys to two vehicles, a white Nissan and a brown Toyota, before fleeing the scene in the Toyota. 

On Nov. 16, 2021, Phillips was allegedly stopped in the early morning hours in the brown Toyota, after the Metropolitan Police Department (MPD) had broadcasted a lookout for the stolen vehicle. He was allegedly found with the key fob for the white Nissan and a Penn State graduation ring, according to court documents. 

That same morning, according to court documents, the victim’s family member reported to MPD that someone had broken into their house and had stolen multiple items, including a Penn State ring, a television, and four gold chains, among other items.

On July 16, Judge Salerno deemed Phillips competent to stand trial, citing a report received from the Department of Behavioral Health (DBH). 

Jury selection was delayed due to outstanding motions filed by Joseph Yarbough, Phillips’ defense attorney, and the prosecutor.

On June 11, Yarbough filed a motion to sever his charges into three trials, arguing that “the [prosecution] has accused Mr. Phillips in one indictment of committing three separate acts,” therefore, Yarbough said, each incident should receive its own trial. 

However, the prosecution disagreed, stating that the incidents all stemmed from the same victim, and occurred over a few hours. 

Judge Salerno ultimately sided with the prosecution, and denied the defense’s motion to sever. 

Yarbough also filed a motion to suppress statements, physical evidence, and identifications of the suspect, arguing that MPD’s “stop of the vehicle constitutes an unlawful detention” of Phillips because they didn’t have a reasonable suspicion that he had committed a traffic violation. 

According to the motion, filed on June 16, Phillips “requested an attorney multiple times during questioning, but was not provided an attorney.” Yarbough argued that the prosecution should be prohibited from utilizing any statements made by Phillips to the police during said questioning in trial. 

At the hearing, prosecutors called on a detective from MPD that testified he had probable cause to arrest Phillips due to the car matching the lookout that was given by the broadcast, and that Phillips also matched the lookout of the suspect that had assaulted the owner of the vehicle. 

During cross-examination, Yarbough argued that the detective didn’t have any identifiable information against Phillips before arresting him, stating that he didn’t look Phillips up in his system until after he was arrested and placed in a transport vehicle. 

The motion was denied, with Judge Salerno stating the police had lawfully stopped Phillips as there was a lookout for the stolen vehicle. 

The prosecution filed a motion to admit the victim’s 911 call during trial, which was partially granted. Judge Salerno stated they could utilize the call, as long as they redact his “excited utterances.”

On July 17, Phillips waived his right to independent DNA testing of evidence.

The prosecution requested Judge Salerno advise Phillips that if he fails to show up to court during trial, which they claim he has done multiple times due to behavioral issues, the proceedings will continue without him. 

Parties are slated to reconvene July 18. 

Shooting Defendant Waives Right to Independent DNA Testing

A shooting defendant waived his right to independently test DNA evidence recovered from a crime scene before DC Superior Court Judge Robert Salerno on July 17. 

Jonathan Dawkins, 42, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of a firearm by a prior convict, and threat to kidnap or injure a person, for his alleged involvement in a shooting that took place on the 700 block of G Street, SE, on April 24, 2023. No injuries were reported.  

In court, the prosecution alerted the court that, despite recovering multiple items including cartridge casings, a car, and two phones, they would not be conducting any DNA testing.

Likewise, Dominique Winters, Dawkins’ defense attorney, alerted the court of his intent to waive his right to independent DNA testing. 

Parties are slated to return on Dec. 20.

Stabbing Case Delayed After Defendant Fails to Appear in Court

A stabbing defendant’s attorney requested his case be continued a third time, citing his severe injuries sustained in a shooting before DC Superior Court Judge Robert Salerno on July 17. 

Harry Jhin is charged with assault with a dangerous weapon, carrying a dangerous weapon outside of home/business, and assault with significant bodily injury while armed for his alleged involvement in a non-fatal stabbing that occurred on Dec. 12, 2021, on the 1500 block of 17th Street, NW. 

According to court documents, Jhin was escorted out of an establishment for behaving badly by a worker who Jhin allegedly stabbed in the neck. 

On July 16, in what was supposed to be a trial readiness hearing, Jhin failed to appear. Darryl Daniels, Jhin’s attorney, alerted the court he had been unable to appear, citing “immense pain” caused by 12-to-14 gunshot injuries sustained recently, which left him in a wheelchair.

Frustrated by Jhin’s failure to appear, Judge Salerno stated, “Last I checked, you can get to court in a wheelchair.” Judge Salerno told Daniels to ensure Jhin was present on July 17, or a bench warrant would be issued. 

On July 17, with Jhin present, Daniels requested the trial, previously scheduled for July 29, be continued due to the severity of Jhin’s injuries. 

However, the prosecution opposed the request, stating they have yet to receive any medical records or documents that state his condition or treatment plan.

Despite Judge Salerno arguing the case is “fairly old,” since it occurred in 2021, he granted the request for a continuation. A new trial date was scheduled for Nov. 19. 

Parties are slated to reconvene on Aug. 1.

Judge Calls Evidence a, ‘Well Put Together Puzzle,’ During Preliminary Hearing 

On July 17, DC Superior Court Judge Heidi Herrmann found probable cause during an armed carjacking defendant’s preliminary hearing. 

Lamontee Fowler, 21, is charged with three counts of armed carjacking and three counts of possession of a firearm during a crime of violence for his alleged involvement in three carjackings. The incidents occurred on April 27 on the 4400 Block of Texas Avenue, SE, May 2 on the 4500 Block of Texas Avenue, SE and  May 8 on the 4300 Block of G Street, SE. 

He is also charged in connection to a non-fatal shooting that occurred on May 10 on the 4400 block of B Street, SE. 

According to court documents, on April 27, Fowler is alleged to have fired two shots at a man, then demanded his car keys and money. However, the victim had no money but gave the suspect his car keys. The suspect then got into the car and drove away. No injuries were reported. 

Likewise, on May 2, an individual, identified as Fowler, pointed a gun at a victim and demanded the car keys, the victim handed over the keys and Fowler fled the scene. No shots were fired. 

On May 3, a license plate reader pinged the stolen vehicle from the day before. According to court documents the vehicle was seen pulling into a Giant grocery store lot and security footage was able to capture an image of an individual, identified as Fowler, driving the car and going into the store.  

As per court documents, an individual, identified as Fowler, brandished a handgun and demanded a victim’s keys, before fleeing the scene in the victim’s vehicle.

On May 10 police responded to a single shot fired on 4400 Block of B Street SE, no injuries were reported. According to court documents a witness identified the shooter as Fowler and a shell casing recovered matched with the two shell casings found during the first carjacking. The witness told police that Fowler allegedly fled the scene but left behind a car, the vehicle had been stolen on May 8. 

During the hearing a detective from the Metropolitan Police Department (MPD) identified Fowler in court as the individual who was arrested in connection to all the incidents. 

The witness then shared that on May 24, police issued a search warrant for Fowler’s home and at the door his grandmother gave a positive identification of Fowler from the Giant security camera footage. 

According to the detective, during the search they allegedly found a loaded firearm in Fowler’s room along with credit cards in other people’s names, cell phones and multiple car keys. He testified that the firearm found in Fowler’s room was consistent with the three shell casings that had been recovered. 

During the cross examination, Fowler’s defense attorney, Hannah Akintoye, asked the witness about the description each victim gave, the first victim stated that Flower was a “Six feet, black male, medium complexion and thin build” and the second described a “black male, 17-18 years of age and thin build.” The witness could not recall what the third victim’s description was.

Akintoye then asked about the footage that was used for the photo identification of Fowler taken from the Giant security footage. The detective said that the footage was clear enough to make out Fowler’s “build, clothing and hairstyle,” but that “from the vantage point you can’t make out any clear distinctions.” 

According to his testimony, the footage revealed Fowler was wearing a long sleeve Nike shirt, shorts, his hair in an afro and black glasses. 

When asked about the vehicle recovered on May 10, the witness stated that there was no tangible identification of Fowler in the vehicle.  The witness also confirmed that none of the cell phones, credit cards or keys found in Fowler’s room belonged to any of the victims. 

Akintoye wanted to know how the detective knew he was in Fowler’s room, he responded “his belongings were in there.” Akintoye asked if Fowler’s belongings were anywhere else in the house and witnesses stated that they were. 

Akintoye argued that Fowler’svbeing in the room during the time of the search and some belongings being in there could not reasonably assure that the room or firearm belonged to him. 

Akintoye asked Judge Herrman not to find probable cause, arguing that though “[Fowler] is a black male,” the descriptions of the suspect provided were all too vague. 

“Maybe [probable cause for] possession of a firearm but that requires it to be outside the home or business,” Akintoye acknowledged, adding that there was “nothing specific other than the fact that he was in the bedroom,” for the detective to link him to it.

The prosecuting attorney argued that there is a “generally consistent description,” of Fowler and that he was identified by a witness on May 10. 

Judge Herrmann found probable cause in the case, stating that the evidence presented was “quite a well put together puzzle,” and strong. 

Parties are slated to return on July 30. 

Judge Orders Full Competency Evaluation for Stabbing Defendant

DC Superior Court Judge Robert Salerno ordered a stabbing defendant undergo a full mental competency evaluation on July 17.

William Clark, 44, is charged with two counts of assault with a dangerous weapon and two counts of carrying a dangerous weapon for his alleged involvement in a non-fatal stabbing that occurred on Sept. 5, 2023, on the 1600 block of Connecticut Avenue, NW. One individual sustained injuries during the incident. 

According to court documents, Clark parked his E-bike in front of a convenience store, where the two victims were standing. An altercation ensued as Clark said they were standing too close to the bike. He then allegedly brandished a knife, one victim managed to run away and the other sustained an injury to the left side of the abdomen.

On July 15, the Department of Behavioral Health (DBH) sent Judge Salerno a report recommending Clark undergo a full competency evaluation. At the hearing, parties agreed.

Judge Salerno ordered Clark transferred to St. Elizabeths Hospital for the psychiatric exam to be completed in 30 days.

Parties are slated to meet on Aug. 16.

Teen Violates Home Confinement Due to Eviction  

DC Superior Court Judge Erik Christian granted modification of carjacking defendant’s release terms July 17 after he failed to abide by his condition of home confinement because his family was evicted.  

Richard Bates, 17, is being charged as an adult with possession of a firearm during a crime of violence and unarmed carjacking on Sept. 13, 2023, on the 1600 block of Frankford Street. According to a release from the Metropolitan Police Department (MPD), two suspects demanded a victim’s vehicle at gunpoint. Bates was later apprehended allegedly with the victim’s vehicle. Police have not arrested the second individual. 

Richard’s defense attorney, Christen Romero Philips, said the teenager only violated the terms of his home confinement because his family lost housing and moved to a shelter. 

Phillips suggested that Richard could work a summer job at a recreational center, where he could stay, and would have adult mentors who would supervise him at all times, everyday of the week. 

The prosecution noted that despite eviction, Bates was taking advantage of his family’s situation. His locations were not consistent, the prosecutor said. He stated eviction was not an opportunity to “hang around the block.” 

“I think there is some truth to all of this,” Judge Christian said, referring to the eviction and the prosecution’s allegations.

However, Judge Christian decided to give Bates the benefit of the doubt because of his age. He allowed the defendant to attend his interview at the recreation center on July 18. 

Parties are scheduled to reconvene to see the status of his work situation on July 19.

Stabbing Defendant’s Hearing Delayed for Second Day After He Refuses to Attend Court 

On July 17, DC Superior Court Judge Heidi Herrmann announced that a stabbing defendant’s hearing was delayed for the second day in a row due to his refusal to attend court..  

Tyrone Graham, 42, is charged with assault with a deadly weapon for his alleged involvement in a stabbing that took place on July 13 on 12th and U streets in front of a McDonald’s restaurant. One individual sustained injuries during the incident. 

According to court documents, Graham was allegedly standing at the bus stop when he and the victim got into a verbal altercation, when the victim began punching Graham in the face, and Graham allegedly reached into his bag and began stabbing the victim. 

During Graham’s hearing Judge Herrmann announced that he was a “non-compliant scratch,” meaning he refused to attend his hearing. Likewise, on July 16, Graham’s absence was described as a medical issue. .Parties are slated to meet on July 18.

‘You’ve Restored My Faith in Humanity,’ Says Judge After Sister Prays for Man Who Murdered Her Brother

A defendant found guilty of first-degree murder in 2014 pled guilty to the same incident during an emotional July 17 hearing in the courtroom of DC Superior Court Judge Rainey Brandt.

Arik Sims, 36, was originally charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, and misdemeanor offense of carrying a pistol without a license for his alleged involvement in the homicide of 29-year-old Lamar Fonville. The incident occurred on Sept. 30. 2012 on the 7400 block of Georgia Avenue, NW. Fonville sustained one fatal gunshot wound to the back of the head.

Sims was convicted of each charge following a jury trial in June 2014. The case was reopened in 2019 was declared a mistrial on appeal, because of unverified hearsay statements admitted during trial.

During the hearing, Sims accepted a deal, which required him to plead guilty to second-degree murder while armed, in exchange for a dismissal of all other charges. Through the deal, parties agreed to a sentence of 14 years of incarceration. Sims testified that he made the decision to accept the offer willingly and knowingly.

The prosecution offered a plea deal this late in the case because it would be too difficult for all parties to stage another trial with a result that could be appealed again. For example all three detectives that worked on Sims’ case retired from the Metropolitan Police Department (MPD) and would only be able to testify from distant memory.

Judge Brandt decided to proceed with the sentencing.

The prosecution stated that Fonville’s family were “not happy” that the case was reopened. She pointed out that Fonville’s sister, who was present at the hearing, was present every day of the original trial despite being eight-and-a-half months pregnant. According to the attorney, her daughter is now ten years old, and their family deserves closure after 12 years of court proceedings.

Fonville’s sister in a victim impact statement supporting the prosecution’s argument saying, “It’s like I’ve been trying to heal,” she began, “but it’s like ripping the bandaid all over again.”

She wished Sims had “just told the truth from the beginning” and spared her family from the process again. She explained that her family was still suffering from the incident, setting an empty plate at every holiday table. Fonville has three nieces and nephews that will never meet him, she stated, and they will only know about their uncle through pictures and visits to his gravesite. 

She reminded Sims that he and Fonville had been friends at the time of his death, but throughout the original trial, Sims acted “cocky” and like he thought he was going to get away with the murder. However, she then told him, “your eyes seem a little sadder…I do see some type of remorse today.”

She told Sims that she had been praying for him and would continue to pray that he works towards bettering himself and contributing something positive to his community. “I wish you the best in your life and that you make the most of it,” she ended.

Judge Brandt expressed her appreciation that in her family’s grief and pain, Fonville’s sister was able to pass her hope to Sims. “You’ve restored my faith in humanity,” she told her.

Sims’ defense attorney, Dana Page, argued that Sims taking responsibility was indicative of his state of mind and behavior. She shared the sister’s sentiment that Sims has shown signs of change, stating that he is more wise and mature since the case began.

Page also stated Sims has taken advantage of the educational and community outreach programs at the DC Jail and that “he is a star” member. She shared that Sims has been accepted into and will begin the Georgetown University Pivot Program when released to make positive contributions to his family.

In his statement to the court, Sims thanked Fonville’s sister for her prayers and apologized to her and her family. He stated that he is a different person because of his experiences and expressed remorse for all of his actions.

Sims was sentenced to 14 years of incarceration and five years of supervisory release with credit for time already served. Sims will also be registered as a gun offender for up to two years after his release.

Homicide Defendant Waives Right to Independent Testing of DNA Evidence

A homicide defendant waived his right to independent testing of DNA evidence recovered from a crime scene, before DC Superior Court Judge Maribeth Raffinan on July 17.

Franklin Dorn, 44, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the shooting of 28-year-old Antonio Brown. The incident occurred on Aug. 6, 2023, on the 1200 block of North Capitol Street, NW.  

At the hearing, the prosecution went over the physical evidence that was recovered from the scene and had tested, including a firearm, a magazine for the firearm, a bloodstained shirt allegedly worn during the incident and clothes recovered from Brown during the autopsy.

Parties are scheduled to reconvene Jan. 9.

Carjacking Defendant Accepts Plea Deal

A defendant involved in a carjacking accepted a plea deal before DC Superior Court Judge Heidi Pasichow on July 17.

Guilbert Rojas Villarroel, 40, is charged with carjacking, robbery while armed, first-degree theft, and threats to injure or kidnap a person, for his involvement in a carjacking incident that occurred Sept. 9, 2023 on the 2100 block of K Street, NW. No injuries were reported.

According to court documents, a driver was picking up an Uber Eats order when the defendant took over the driver’s seat with the owner’s brother in the passenger seat. Then, the defendant allegedly made threats to kill the car owner’s brother if he were to try and contact emergency services or the authorities.

During the hearing, Villarroel and his defense attorney, Christopher Mutimer, alerted the court of his intent to accept a plea offer from the prosecution.

The deal requires Villarroel to plead guilty to robbery, threats to kidnap or injure a person, and first-degree theft, in exchange for a dismissal of all other charges. 

Parties are slated to return on Sept. 25.

Carjacking Defendant Rejects Plea Offer

A carjacking defendant rejected a plea offer in front of DC Superior Court Judge Erik Christian in a July 17 hearing. Details of the agreement were not immediately available.

Lamar Stephens, 37, is charged with unarmed carjacking, five counts of robbery while armed, unlawful possession of a firearm, and five counts of possession of a firearm during a crime of violence for his alleged involvement in a carjacking incident that occurred on the 1600 block of V Street, SE on May 26.

According to court documents, a group of five individuals had been robbed at gunpoint by two suspects, who fled in the victims’ parked rental car. During the incident, a phone and a wallet containing credit cards were also stolen. A black handgun was allegedly brandished, but never fired. 

Officers were able to track the defendant’s location through the stolen phone. He was later detained after a brief foot pursuit, court documents stated

Parties are slated to return on Oct. 3.

Parties Debate Evidence in a Shooting Case

DC Superior Court Judge Heidi Pasichow denied a shooting defendant’s motion to suppress evidence recovered during a search warrant in a July 16 hearing. 

James Guillory, 24, is charged with two counts of assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a license for allegedly shooting and injuring two individuals on June 15, 2023 on the 4600 block of Hillside Road, SE. 

A male victim sustained a firearm injury to the hip, and a female victim sustained a ball bearing (BB) gun injury to the nose.

In what was supposed to be Guillory’s trial date, the parties discussed a motion to suppress tangible evidence, which caused a delay in a jury being picked. 

The prosecution called a detective from the Metropolitan Police Department (MPD) who testified that the suspect’s identification came from one of the victims, who had been shot on the hip. According to the detective, the victim told the police the suspect could be found in a specific apartment in the building where the shooting occurred. 

He said she saw the individual run into the apartment after opening fire. He also testified that during the search of the residence, officers did not open or look through any boxes, suitcases, or beds.

However, Gail Engmann, Guillory’s defense attorney, displayed multiple clips of body-worn cam footage in which a witness tells officers she did not know where the individual went after the shooting. Another clip, also played in open court, showed officers looking through boxes, suitcases, and under the bed an apparent contradiction to the officer’s earlier testimony.

According to the detective, during the search of the residence, BB guns, two sealed cartridges, and a District of Columbia identification card with Guillory’s information were found. 

According to Engmann, the detective “cannot establish that the search was lawful,” insisting he should have gotten a search warrant. Video footage from the defense shows several officers entering the residence where the victim indicated the shooter was located.

The prosecutors argued “the defense is mixing issues at this point,” insisting that the search was lawful and the evidence recovered during it can be used at trial. 

Judge Pasichow agreed with the prosecution, and denied the defense’s motion to suppress the evidence. 

Parties are scheduled to reconvene July 17.