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Judge Allows Murder Defendant to Use a Self-Defense Claim in Trial

DC Superior Court Judge Anthony Epstein denied the prosecution’s attempt to block the defense from using a self-defense claim in murder trial on July 17. 

Jason Lewis, 42, is charged with second-degree murder while armed, two counts of assault with a dangerous weapon, and three counts of possession of a firearm during a crime of violence for his alleged involvement in the shooting of Karon Blake, 13, on Jan. 7 on the 1000 block of Quincy Street, NE.

The prosecutor “vehemently” disagrees that there is a self-defense claim to be made in this case. 

In surveillance footage, the prosecution pointed out there are two figures, suggesting that one  is Blake,- who are presumably breaking into cars on the street outside the defendant’s home. 

The prosecutor claimed that after Lewis came out of his house, armed with a gun, stepped outside his property line, thus giving up his right to claim self-defense. 

The prosecution stated that one of Blake’s associates who was outside the car with him, had started running toward the “getaway car” when Lewis fired his first shot, which allegedly hit the car. 

That is when Blake started running in the general direction of the defendant, when Lewis admits he shot him. 

Lewis’ defense attorney, Edward Ungvarsky, clarified saying that Blake ran “at” Lewis, not in the general direction of the defendant.

The prosecution says the video shows Blake running past Lewis.

Judge Epstein told counsel that the jury can come to its own conclusion on that point.  Ungvarsky said he is still looking into the property lines of Lewis’ home to see if he was inside the boundaries during the incident.

Judge Epstein told the prosecution that it would be “inconceivable” that Lewis does not have a self-defense claim in blocking the request.

Also in question was the defense’s motion to compel evidence of Blake’s previous violent acts as a source of potential witnesses. Judge Epstein told the defense that they are right that prior acts of violence are relevant in murder cases, although not sufficient to prove self-defense. 

The prosecution said they have not tried to get this information because Blake was a juvenile when the incidents occurred and the information is protected. 

Judge Epstein gave the prosecution until July 18 to file a response to the defense request.

Additionally, the defense filed a motion to suppress statements made to the officers at the scene right after the incident as a violation of Lewis’ constitutional rights to be protected against illegal search and search seizure and from making self-incriminating statements.

Ungvarsky argued holding Lewis was illegal because he told police he acted in self-defense, called 911 and performed CPR on Blake.

The prosecution said Lewis was not detained as he had not been handcuffed. 

Judge Epstein addressed the defense’s motion to dismiss or stay the case until resolving whether a fair jury can be selected from the community is decided.

Ungvarsky asserted that the legality of the jury must be resolved before trial, as the prosecution has two civilian witnesses from the community testifying. 

“I don’t think delaying this trial is warranted,” Judge Epstein told Ungvarsky, the prosecution has a “legitimate interest in a speedy trial” because the victim was a minor. 

The parties are set to reconvene Aug. 5.

Judge Denies Prosecution Request to Revoke Murder Defendant’s Release

DC Superior Court Judge Robert Okun stated on July 16 there was “no basis to revoke release status” for a homicide defendant, despite the DC Pretrial Services Agency (PSA) requesting the action.

Dwayne Fountain, 44, is charged with first-degree murder premeditated while armed, carrying a dangerous weapon outside a home or place of business with a prior felony conviction, and possession of a prohibited weapon for his alleged involvement in the homicide of 47-year-old Marcus Carey that occurred on May 4, 2023, on the 3500 block of Hayes Street, NE.

According to court documents, on June 18, Judge Okun and both parties received a report from PSA, which stated Fountain was not compliant with his release conditions, in that he hasn’t kept his GPS monitor charged, and he’s accused of “water loading’ a drug test. That involves drinking two-or-three large glasses of water before the test to in an effort to dilute a urine sample so the result will be negative.

At the status hearing Fountain’s attorney, Jason Tulley, stated that since June 18 Fountain has been largely compliant with his release conditions, and has been routinely testing negative for drugs.

A stand-in prosecutor stated the assigned regular prosecutor requested the revocation, but would ultimately abide by Judge Okun’s decision. 

He dismissed further pretrial show cause hearings and allowed Fountain to remain on release because he found Fountain had overall been compliant.

Tulley also stated that plea offer negotiations with the prosecution would continue and a decision about how the case will proceed should be determined at the next hearing. 

Parties are slated to return Oct. 18.

Carjacking Defendant Waives Right to Preliminary Hearing 

DC Superior Court Judge Heide Herrmann granted a carjacking defendant’s motion to waive his preliminary hearing on July 16.

Larry Fisher, 31, is charged with armed carjacking for his alleged involvement in a carjacking that took place on Feb. 27 on the 1500 block of Pennsylvania Avenue, SE. 

According to court documents, Fisher and another individual struck a DoorDash driver in the face and brandished a gun while he was on his moped picking up an order from McDonald’s. The other individual then got onto the bike and fled the scene. 

Fisher fled on foot, as per court documents. 

During the hearing, Fisher’s defense attorney, John Sample, alerted the court of his intent to waive his preliminary hearing. 

Judge Herrmann accepted the waiver. 

Sample did not request release as Fisher is currently serving a “pretty lengthy sentence,” of three years for unauthorized use of a vehicle, as detailed in court documents which also indicate around the time of the carjacking he was on supervised release. 

Parties will reconvene on Aug. 1.

Judge Holds Non-Fatal Shooting Defendant on an ‘Obviously Very Dangerous,’ Offense 

A non-fatal shooting defendant waived his preliminary hearing and was denied release before DC Superior Court Judge Heidi Herrman on July 16.

Abdoulie Jawneh, 23, is charged with assault with a dangerous weapon for his alleged involvement in a shooting that took place on May 1 on the 2700 block of Wade Road, SE. No injuries were reported. 

According to court documents, Jawneh’s older brother advised detectives that Jawneh was the individual who shot at him and his girlfriend. 

The report says Jawneh’s older brother explained that he and his girlfriend were driving around when they saw Jawneh. The couple pulled over to talk with Jawneh. An altercation began when the older brother explained to Jawneh that their mother was concerned about Jawneh’s possible dangerous activities in the neighborhood. 

The defendant reportedly became irritated and engaged in a physical altercation with his older brother. Afterward, the older brother and his girlfriend returned to their truck. The defendant then allegedly approached from behind with a pistol and fired multiple shots, striking their vehicle, according to court documents. 

At the hearing, Richard Holliday, alerted the court of Jawneh’s intent to waive his right to a preliminary hearing. Judge Herrman accepted, finding his waiver “knowing, intelligent and voluntary.”

Holliday asked for Jawneh to be released to home confinement.

He argued Jawneh should be released based on his lifelong residency in the DC area, his ability to live with his father in Delaware and only come to DC for trial procedures, gainful employment, and prior compliance with release conditions. 

The prosecution objected to the motion, arguing that Jawneh committed an “extremely dangerous offense,” and there are “no conditions,” that could ensure the safety of the community.  

Prosecuting attorneys mentioned that Jawneh has two prior firearms convictions in other jurisdictions and, when he was arrested on May 1, he was awaiting sentencing for his most recent offense. 

Judge Herrman agreed with the prosecution stating that the incident was “obviously very dangerous,” and that his prior convictions “add considerably,” in her decision to hold Jawneh. 

Parties are set to meet on July 25. 

Stabbing Defendant’s Preliminary Hearing Delayed Due to Medical Issues 

On July 16, a stabbing defendant’s hearing was delayed after undisclosed medical issues prevented his appearance before DC Superior Court Judge Heidi Herrman. 

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 street in front of McDonald’s. One individual sustained injuries during the incident. 

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

Wole Falodun, Graham’s defense attorney, waived his presence at the hearing, following US Marshals’ alerting the court Graham had not been transferred to the courthouse due to a medical issue.

Falodun told the court that Graham had requested new counsel going forth, but Judge Herrman stated that Graham needed to be present in order to discuss his request. 

Parties are reconvening on July 17. 

Judge Orders Carjacking Defendant Transferred to Saint Elizabeths for Mental Health Treatment

DC Superior Court Judge Heidi Pasichow  granted a request to send a carjacking defendant to Saint Elizabeths Hospital for mental health treatment based on a report by the Department of Behavioral Health (DBH) in a July 16 hearing.

Kayla Brown, 22, is charged with unarmed carjacking for an incident that occurred on June 3 at Washington Hospital Center on the 100 block of Irving Street, NW. Brown allegedly stole a motor vehicle from a woman whose mother, 55-year-old Leslie Gaines, was still inside the car. 

The DBH report declared Brown mentally incompetent to stand trial in that she’s unable to understand the charges against her and participate in her own defense.

According to court documents, officers chased down the stolen vehicle, which crashed into the US Attorney’s Office on the 600 block of D Street, NW. Gaines was found in the car, unresponsive. She succumbed to her injuries at a hospital.

During the hearing, Sylvia Smith, Brown’s defense attorney, argued that Brown be released or be moved to St. Elizabeths Hospital because of the incompetency finding. 

Judge Pasichow granted the request, stating that “[Brown’s] time is better spent in the hospital right now so that the doctors can further observe her.” 

Parties are slated to return on Aug. 16.

Disputed Plea Offer Delays Shooting Case

A preliminary hearing in a shooting case was delayed in a dispute over the details of a plea offer before DC Superior Court Judge Marisa Demeo on July 16. 

Damari McLaughlin, 17, is charged with aggravated assault knowingly while armed for his alleged involvement in a non-fatal shooting on the 1000 block of Valley Avenue, SE on March 18, 2023. A victim suffered life-threatening injuries. 

McLaughlin is charged as an adult under Title 16. 

During the hearing, Daniel Dorsey, McLaughlin’s attorney, told Judge Demeo he was prepared to accept a deal extended by prosecutors, which required McLaughlin to plead guilty to aggravated assault knowingly while armed, in exchange for the prosecution not seeking an indictment. Through the deal, parties would agree to a 90 month imprisonment.

Tensions were high between McLaughlin and Dorsey as McLaughlin told Judge Demeo he was unsure of what the plea entailed. 

McLaughlin said he did not fully understand the terms of the agreement and requested more time to discuss the deal with Dorsey. 

Following a brief break, McLaughlin requested a new attorney, stating he is not satisfied with Dorsey’s services.

According to the prosecution the plea offer cannot be extended past today. 

Felony status conference set for July 30.

Judge Tables Modified Release Decisions for Shooting Co-Defendants

Defense attorney Alvin Thomas asked DC Superior Court Judge Michael O’Keefe to modifyrelease conditions for shooting defendants during a July 16 hearing.

Daniel Cary, 29, and Chantel Stewart, 33, are charged with two counts of assault with intent to kill while armed, five counts of possession of a firearm during a crime of violence, one count of aggravated assault while armed, and two counts of assault with a dangerous weapon for their alleged involvement in a non-fatal shooting that occurred on July 22 on the 4000 block of First Street, SE. One individual sustained injuries during the incident–a gunshot wound to the back which caused a collapsed lung.

Stewart is additionally charged with threatening to kidnap or injure a person. Cary is additionally charged with carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition.

During the hearing, Cary’s defense attorney, Alvin Thomas, requested that Judge O’Keefe modify Cary’s release conditions to allow him to work at a new job.

The prosecution asked Judge O’Keefe to deny the request, citing three instances in which Cary violated his release conditions by going to locations that were not permitted. 

Thomas said these violations resulted from Cary’s stopping on the way home from court to pick up food. He then asked that these violations be excused.

Judge O’Keefe said he was “sympathetic” to Cary’s case but needed to table the discussion due to time restraints.

Stewart’s attorney, Jesse Winograd, asked that Stewart’s release conditions be modified so that her check-ins with the Pretrial Services Agency (PSA) be less frequent. Stewart herself was not in court. 

Judge O’Keefe asked Winograd to submit a written request to be discussed at the next hearing.

Parties are slated to return July 26 for Judge O’Keefe to decide on the issue.

Severance Motion in Mother-and-Son Homicide Denied 

DC Superior Court Judge Maribeth Raffinan denied a motion to sever mother and son homicide co-defendants, during a July 16 hearing.

Jaquell Jackson, 20, and Chakeatia Jackson, 39, are charged with second-degree murder while armed for their alleged involvement in the fatal shooting of 37-year-old Tarshaqua Chappell on Sept. 15, 2021, on the 1300 block of Congress Street, SE. 

According to court documents, the murder stemmed from a verbal altercation between Chakeatia and Chappell at Ballou High School on the 3400 block of 4th Street, SE. Following the argument, Chakeatia and Jaquell were allegedly seen pointing at Chappell’s vehicle and shots being fired on the 1300 block of Congress Street, SE.  

In court,  Tommy Thom, Chakeatia’s defense attorney, filed a motion to separate her trial from Jaquell’s, arguing that his attorney, Brian McDaniel,  could act as a second prosecutor towards her. They also argued the evidence against her is limited compared to the case against Jaquell. 

Likewise, McDaniel filed a motion to sever, citing prejudice. In the motion, McDaniel argued “Even if Ms. Jackson did not go so far as to allege that her own son committed the offense of his own volition, the mere fact that she is sitting at the trial table with her son… would undoubtedly lead the jury to believe that Mr. Jackson is in fact the person who is seen on the video committing the offense.” 

Judge Raffinan ultimately found both defendant’s lacked a basis to sever, and denied the requests. 

Parties are slated to return on Sept. 20.

Defendant Sentenced to 15 Years in ‘Absolutely Unnecessary’ Shooting

DC Superior Court Judge Andrea Hertzfeld sentenced a shooting defendant to 15 years of incarceration on July 16. 

Marcedes Edmunds, 38, was found guilty of assault with a dangerous weapon, aggravated assault knowingly while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, carrying a shotgun or rifle outside a home or business, destruction of property worth $1,000 or more, possession of an unregistered firearm, and unlawful possession of ammunition, for his involvement in a shooting incident on the 4000 block of Haynes Street, NE, on May 1, 2019. One individual sustained gunshot wounds during the incident.

At the hearing, the prosecution asked the court to give Edmunds a sentence of 15 years, citing the nature and circumstances of the incident. 

There was no victim impact statement, but the prosecution stressed this shooting was “absolutely unnecessary” because the victim was trying to get away. The defendant “took a verbal altercation and made it dangerous” to the victim and the community, the prosecution told the court. 

Mark Rollins, Edmunds’ defense attorney, told Judge Hertzfeld that “this is literally an anomaly” in his client’s criminal history and he is “almost a first time offender.”

Rollins asked the court for the minimum sentence, which is 120 months for aggravated assault while armed and 60 months for possession of a firearm during a crime of violence. Although, he asked for these sentences to be concurrent instead of consecutive. 

Edmunds told Judge Hertzfeld, saying this is “from the heart.” 

“If I had anything to do with this charge I would own up to it,” he told the court, maintaining his innocence. 

Edmunds asked the court for leniency saying, “Nobody is perfect. I am not perfect.”

In response, Judge Hertzfeld said, “You have every right, Mr. Edmunds, to maintain your innocence” but “the evidence in this case is overwhelming.”

Judge Hertzfeld sentenced Edmunds to 120 months for aggravated assault while armed and 60 months for possession of a firearm during a crime of violence which will run consecutively, totaling 15 years. 

Edmunds will also serve 66 months for assault with a dangerous weapon, 28 months for unlawful possession of a firearm, 28 months for carrying a firearm outside a home or business, 12 months for possession of an unregistered firearm, and 12 months for unlawful possession of ammunition, all of which will run concurrently. 

Edmunds is also ordered to register as a firearm offender and pay a minimum of $100 per felony charge and $50 per misdemeanor charge to the Victims of Violent Crimes Fund. 

Defense Disagrees With Stabbing Defendant’s Competency Finding

DC Superior Court Judge Andrea Hertzfeld granted a defense motion on July 16 to continue a stabbing defendant’s mental observation hearing until they can get a second opinion.

Lenare Leath, 21, is charged with assault with intent to commit robbery for his alleged involvement in a stabbing that occurred on May 2 on the 1200 block of W Street, NW. One individual sustained injuries during the incident. 

At the hearing, parties discussed a  report by the Department of Behavioral Health (DBH), in which Leath was found to have acute psychiatric issues but is competent to stand trial.

Quiana Harris, Leath’s defense attorney, did not agree with the findings and asked the court to continue to matter until she can acquire a second opinion. 

The prosecution agreed with the DBH’s findings, but did not object to the defense obtaining a second opinion. 

The parties will reconvene Aug. 16.

Stabbing Defendant Rejects Plea Offer He Doesn’t Understand

DC Superior Court Judge Errol Arthur heard a defendant reject a plea deal for a stabbing because of a language barrier during a July 16 hearing.

Jose Garcia Fuentes, 44, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on the 4400 block of 14th Street, NW on April 24. One individual sustained injuries.

During the hearing, attorney, Henry Escoto, alerted the court his client was not prepared to make a decision on the deal because he can’t speak English. 

According to court documents, Fuentes didn’t understand his Miranda Rights against self-incrimination even though they were read in Spanish. 

During a June hearing, a detective with the Metropolitan Police Department (MPD) said he watched surveillance footage in which he allegedly saw Fuentes stab a victim with a knife.

Escoto filed a motion to reopen a preliminary hearing because the prosecutor “did not provide the surveillance footage prior to the detention hearing” despite having it. The motion to reopen the hearing was denied by Judge Arthur cited DC Superior Court Judge Renee Raymond’s ruling that the prosecution’s evidence was strong.

The prosecutor said the video evidence provided on detective orders has been disclosed to the court and defense counsel.

According to court documents, Fuentes was the subject of two previous police reports. 

The parties are scheduled to reconvene Sept. 13.

Judge Rules on Witness Credibility Issue in a Shooting Trial

DC Superior Court Judge Jason Park ruled on a witness’ credibility issue in a shooting trial and considered pending motions during a July 12 hearing.

Cordell Lesene, 38, is charged with aggravated assault knowingly while armed, three counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, unlawful possession of a firearm because of a prior conviction, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, and unlawful possession of ammunition, for his alleged involvement in a non-fatal shooting on the 100 block of 57th Place SE, on February 6, 2022. One person was injured and sustained injuries from the shooting.

According to court documents, the dispute arose as a result of a drug deal.

Judge Park denied motions by the defense regarding the potential “corruption bias” of a prosecution witness who told another person not to repeat anything he knew about the case. The defense questioned the witnesses’ credibility because they say he might be willing to lie.

He was described as a “poly substance user.” However, Judge Park said the witness would be allowed to testify in that the notion of potential “corruption bias” would have limited application for the jury.

Andrew Ain, Lesene’s attorney, initially objected to a proposed six-day continuance, arguing it is “unrealistic” to rule on pending motions. However, Judge Park said there is good cause for the continuance and does not hold either party accountable for the trial’s ongoing delays.

Jury trial is slated for Aug. 20.

Murder Defendant Rejects Plea Offer, Weighs DNA Testing

A murder defendant informed DC Superior Court Judge Maribeth Raffinan on July 15 that he intended to reject a plea offer and is awaiting word from an expert concerning DNA evidence, during a July 15 hearing.

Deonte Patterson, 28, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and obstruction of justice for his alleged involvement in the fatal shooting of 32-year-old Ali Jamil Al-Mahdi on Aug. 23, 2021. The incident occurred on the 1800 block of 9th Street, NW.

According to court documents, Patterson allegedly shot and killed Al-Mahdi before driving away in a car with his girlfriend and godbrother. Al-Mahdi sustained multiple gunshot wounds to the left arm and chest areas. The suspect vehicle was found later that day after a car accident, where all three passengers survived but sustained injuries.

Reportedly, Patterson’s girlfriend was additionally a witness to an incident on Jan. 19, 2019 where Al-Mahdi allegedly shot at Patterson. Al-Mahdi was arrested for assault with intent to kill.

During the July 15 hearing, Patterson declined the prosecution’s offer to plead guilty to voluntary manslaughter, with a sentencing range of seven-and-a-half-to-fifteen years. All other charges would have been dropped. 

Defense attorney Cheryl Stein stated there were previous issues that affected her ability to do independent DNA evidence testing in that the previous expert had “disappeared” and that she could no longer get in contact with them.

Stein explained that in order to move forward with the case, she wanted to get a DNA expert to inform her if testing is necessary or not. However, she could not clarify how long it would take to get that information, stating, “we will cross that bridge when we get there.” 

In response, the prosecution stated that there was already a hearing pertaining to independent DNA testing scheduled for October, but there is still no progress.

They are concerned that initiating testing in September would further delay the trial date, which is scheduled for March 2025. Judge Raffinan agreed, saying that the defense was being too vague, and the prosecution deserves clarity.

Judge Raffinan set a deadline for July 29 for defense to render whether they were going to use results from an independent DNA test. She advised that counsel “exercise due diligence,” and that they don’t need more delays for a matter like this that should yield a “basic answer.”

Parties are slated to return Aug. 22 to discuss motions.