Felony Arraignment for One of Two Homicide Co-Defendants Delayed

DC Superior Court Judge Maribeth Raffinan arraigned a homicide defendant on Sept. 13, and delayed another’s arraignment due to miscommunication.

Amarii Fontanelle, 21, and Jahi Rapp, 21, are charged with two counts of first-degree premeditated murder while armed, four counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, and aggravated assault knowingly while armed, for their alleged involvement in the fatal shootings of 19-year-olds Reginald Cooper Jr. and Davonte Berkley on the 1300th Block of Congress St SE, on Oct. 17, 2022.

Rapp is also charged with accessory after the fact to Fontanelle’s crimes in that he allegedly relieved, comforted and assisted Fontanelle knowing that he had committed the crime. According to the prosecution, Rapp also assisted Fontanelle with fleeing the scene which hindered and prevented the apprehension, trial and punishment of Fontanelle.

During the hearing, Kevin Mosley, Fontanelle’s attorney, alerted the court of his intent to plead not guilty to all charges, and asserted his constitutional rights, including the right to a speedy trial.

Judge Raffinan ordered Fontanelle, who had been released in this matter on Aug. 23 and transferred to Prince George’s (PG) County detention, to report to the Pretrial Services Agency (PSA) to get his GPS monitor installed. According to Mosley, Fontanelle was released from PG County’s custody on Sept. 12.

Due to a miscommunication, Rapp did not appear before the court. His attorney, Ferguson Evans, requested he be permitted to attend the hearing remotely, which was denied due to it being an arraignment hearing.

The prosecution requested a bench warrant be issued, which was quickly denied by Judge Raffinan, who argued he had been in compliance with all release conditions.

She granted Ferguson’s request for a continuance to allow Rapp to be present for the arraignment.

Parties for the Rapp matter will reconvene Sept. 16, and Fontanelle will reappear on Oct. 9.

Judge Denies Bench Warrant for Stabbing Defendant With Mental Health Issues

DC Superior Court Judge Judith Pipe denied a prosecutor’s request for a bench warrant against a stabbing defendant who failed to appear in court on Sept. 12.

Sharae Hicks, 51, is charged with assault with a dangerous weapon for her alleged involvement in a stabbing incident on July 29 on the 1400 block of 12th Street, NW. One person was injured.

According to Metropolitan Police Department (MPD) documents, Hicks and the victim were drinking at an apartment when the problem started. The victim told MPD officers that Hicks assaulted him without provocation. However, Hicks told officers that she fought back after the victim began to touch her face.

Hicks, who has been on release since Aug. 2, failed to appear at the Sept. 12 hearing, prompting a prosecutor to request a bench warrant for her arrest, citing multiple notices of non-compliance from the Pretrial Services Agency (PSA).

However, Alvin H. Thomas, Hick’s attorney, revealed that she missed court because she’s hospitalized for mental health issues.

A representative from PSA stated the GPS monitor, which was installed on Hicks at the time of her release, pinpointed her location at a hospital.

Given the situation Judge Pipe decided to allow the treatment to continue and denied the bench warrant motion.

Parties are slated to reconvene Sept. 19.

GPS Evidence Leads to Probable Cause in a Shooting Case

DC Superior Court Judge Renee Raymond ruled the prosecution had sufficient evidence to move a shooting case forward during a preliminary hearing on Sept. 10.

Mekhi Wilkins, 19, is charged with aggravated assault knowingly while armed and possession of a firearm during a crime of violence for his alleged involvement in a shooting that happened on Aug. 20 on the 200 block of 37th Place, SE. One individual sustained a graze wound during the incident.

According to court documents, a vehicle drove up to a police car to tell the officer that a female passenger was shot in the left ankle as she was getting out the car with her child.

During the hearing, prosecutors called an Metropolitan Police Department (MPD) detective who testified the agency’s Real Time Crime Center (RTCC) captured the suspect vehicle, which was identified as a black SUV by the eyewitness, and registered to Wilkins, at Wilkins’ residence. The RTCC officers of its location.

The detective testified that Wilkins was on release for another case at the time of the shooting, and the court-ordered GPS monitor he was wearing put him at the crime scene during the shooting. The prosecution requested Judge Raymond find probable cause due to the GPS monitor pinging Wilkins’ location at the crime scene.

Madhuri Swarna, Wilkins’ attorney, questioned if MPD located anyone at the scene that could identify Wilkins as the shooter. The detective said no.

Swarna disagreed, stating that although the GPS monitor showed him in the vicinity of the scene, it does not prove he is the shooter. According to Swarna, the shooter was seen wearing a very common outfit, and no one was able to identify the individual by name.

Judge Raymond found probable cause, citing the GPS monitor as evidence Wilkins was at the location and the suspect SUV’s being recovered from his residence.

Swarna asked that Wilkins be released to home confinement so that he could continue his education and career as a rapper. She added he is preparing to be a father.

However, the prosecution argued he poses a threat to the community, and requested he be released.

Judge Raymond agreed with the prosecution, and ordered Wilkins remain detained.

Parties are slated to reconvene on Sept. 25.

Probable Cause Ruling Delayed for Homicide Defendant

DC Superior Court Judge Maribeth Raffinan delayed a probable cause ruling for a homicide defendant on Sept. 12.

Jaylen Suggs, 18, is charged with first-degree murder while armed – felony murder, for his alleged involvement in the fatal shooting of 38-year-old Ricky Canty. The incident occurred on April 25 on the 4500 block of Sheriff Road, NE.

Suggs, who was a juvenile at the time of the incident, is charged as an adult under Title 16.

According to court documents, Suggs is alleged to have participated in a shootout that took place outside of the Deanwood Deli. Witnesses claim that four armed suspects wearing gloves and masks exited a reportedly stolen vehicle, and approached multiple witnesses in what is assumed to be an attempted robbery. Shortly after, shots are fired, leading to Canty’s death.

The prosecution displayed surveillance footage from the incident and the lead detective on the case identified the suspect as Suggs, allegedly getting out of the suspect vehicle and running through an alley after the shooting had taken place. The other suspects have yet to be identified.

According to an investigator, a phone that was registered to Suggs was recovered from the suspect vehicle at the scene. Texts and images found on his phone place Suggs inside of the business from where the car was stole on March 19.

Suggs’ defense attorney, Kevann Gardner, argued that if this case were car theft then “maybe that information would be relevant,” but insisted the prosecution failed to provide evidence that proves Suggs was involved in a shooting, or in Canty’s death.

Gardner claimed that the only reason the prosecution believes Suggs was in the suspect vehicle at the scene of the crime is because of his phone and the small stature of the individual seen in the vehicle.

As for the lead detective identifying the defendant by his height, Gardner claims, “There’s nothing more nonsensical I’ve heard in my life.” Gardner insisted there are a million people who are the same height as the defendant, standing at five feet and five inches tall.

Gardner added that it is common for vehicles stolen by young people in the city to be passed around, and claimed dozens of kids could have been in and out of that car. The lead detective agreed it is possible.

The prosecutor referenced images found on the defendant’s phone that allegedly show Suggs with guns consistent with those described by witnesses, as well as specific ammunition found at the scene that likely matches that used in that particular gun.

Given all that and Sugg’s phone ostensibly found in the suspect vehicle, the prosecution argued that there is, “absolutely probable cause to believe felony murder occurred.”

Gardner responded that the prosecution referenced burglary and car theft but in this specific case the defendant is only charged with homicide, and the evidence they provided is not sufficient for a homicide case. The defense claims that the only reason Suggs is charged is because the investigation has been going on for almost four months and the detectives are going with the best person they could find.

“The [prosecution] is asking the court to make bold and wild assumptions,” says Gardner.

Parties will reconvene Sept. 12 for the judge’s rulings.

Homicide Co-Defendant Waives Right to Independent DNA Testing

One of two homicide co-defendants waived his rights to independently test DNA evidence recovered from a crime scene based on two search warrants before DC Superior Court Judge Maribeth Raffinan a Sept. 12 hearing.

Rafeal Stevens, 39, and Jermall Johnson, 40, are charged with premeditated first-degree murder while armed, attempted robbery – felony murder, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm, assault with a dangerous weapon for their alleged involvement in the shooting death of 50-year-old Aniekobo Umoh on Dec. 29, 2022, on the 2700 block of 7th Street, NE.

According to court documents, two individuals, later identified as Johnson and Stevens, are seen on surveillance footage approaching the Umoh while armed. An attempted robbery unfolded, resulting in Umoh’s death.

Stevens, represented by Jason Tulley, waived his rights to independently test DNA evidence recovered by the prosecution on biological material collected including three shell casings and items from Umoh.

Johnson’s defense attorney, Stephen LoGerfo, does not anticipate independently testing DNA evidence and predicts Johnson will also waive his rights when parties return to court on Oct. 18.

The prosecution was ordered to turn over any additional evidence, and the defense is to file any objections by Sept. 20.

Parties are set to return on Oct. 18.

Expert Witness Links Bullet to Shooting Defendant’s Gun

A firearm expert witness in a non-fatal shooting trial testified that spent casings at the scene closely matched the markings of a defendant’s gun in DC Superior Court Judge Errol Arthur’s court room on Sept. 12.

Jerry Tyree, 46, is charged with assault with a dangerous weapon, unlawful possession of a firearm by a convicted felon, possession of a firearm during a crime of violence, unlawful possession of liquid PCP, and unlawful possession of a firearm during a crime of violence for his alleged role in a Nov. 29, 2023, shooting on the 5900 block of Foote Street, NE. A transgender woman sustained grievous injuries to her penis and groin during the incident which may have resulted from a sex transaction gone wrong.

The firearm’s analyst testified that he examined a spent bullet, a spent casing from the crime scene, and the firearm recovered from Tyree upon his arrest.

According to the witness, the bullet and the casing were the same caliber as Tyree’s gun and the markings on the bullet indicated it was more than likely fired by Tyree’s gun. He said the markings on the casing were inconclusive, so he could not determine if it also came from Tyree’s gun.

Under cross examination, the witness said his conclusion were based on his expert judgment and not a computer program or vetted technology. He also said that he is paid by the prosecution. On redirect, the expert testified he’s not paid to give a specific conclusion nor does a fee affect his judgement.

Defense attorney Sara Kopecki also cross examined an officer with the Metropolitan Police Department (MPD) who testified on Wednesday about arresting Tyree.

Kopecki asked the officer if he saw Tyree talking to another individual prior to making contact , and the officer said he thought he had but was not sure. She also asked him if they did any drug tests on the substances they collected at the scene that the officer said smelled like PCP. The officer said they did not test the substances because MPD does not test drugs in their liquid form.

Parties are set to reconvene Sept. 16.

‘Uncooperative’ Shooting Defendant Fails to Appear in Court

DC Superior Court Judge Errol Arthur delayed a case following a shooting defendant’s refusal to leave his cell at the DC Jail on Sept. 12.

Desmond Barr, 23, is charged with assault with a dangerous weapon and unlawful possession of ammunition for his alleged involvement in a shooting on Feb. 6, 2023 on the unit block of M Street, NE. No injuries were reported.

According to court documents, Barr and 25-year-old Shatia Penn, allegedly approached two victims sitting in a vehicle. An argument ensued and Penn is alleged to have asked one victim to exit the vehicle so they could fight. In response, the other victim began to drive away and Penn is alleged to have shot at the vehicle.

Penn and Barr were arraigned on seperate charges and both pleaded not guilty and asserted their constitutional rights, emphasizing a speedy trial.

Judge Arthur said Barr was “uncooperative” and refused to leave the jail to appear in court. The judge also denied defense attorney Lola Ziadie’s request for a nominal bond because the defendant picked up another charge while on release, which led to his detainment at the jail.

Parties are set to reconvene on Sept. 19.

Judge Finds Probable After Murder Victim Stabbed 15 Times

DC Superior Court Judge Michael O’Keefe found probable cause that a defendant was the perpetrator in a homicide matter on Sept. 11.

Adrian Morgan, 64, is charged with second-degree murder for allegedly killing 42-year-old Tiffany Parker on the 3800 block of South Capitol Street, SE.

According to court documents, Morgan told police Parker had pulled out a knife on him after an argument about money. Morgan was able to take the knife away and proceeded to stab Parker allegedly in self-defense.

During the hearing, the lead detective for the case from the Metropolitan Police Department (MPD) testified about an interview with Morgan. In the conversation, according to the detective, Morgan admitted to being under the influence during the incident and stated he did not remember much of the event.

The detective also testified about the findings from the Office of the Chief Medical Examiner (OCME), who found that the victim sustained 15 stab wounds and ruled her death a homicide.

According to the detective, officers located an unwrapped and unrolled condom in Morgan’s apartment when they responded to the scene and collected evidence. The prosecution argues that the incident occurred because of a sexual transaction that went wrong.

Elizabeth Weller, Morgan’s attorney, argued that the detective had seen a few knicks and cuts on Morgan’s hands which indicated he was defending himself from the victim, but the detective did not remember seeing the injuries.

Following the detective’s testimony, Weller argued Morgan acted in self-defense, and argued if he is facing charges it should be voluntary manslaughter.

However, the prosecution reiterated the stabbing stemmed from an argument regarding sexual favors, which could incentivize Morgan to tell a different story.

“It is too early to rely on a self-serving statement of someone who was intoxicated,” Judge O’Keefe stated, arguing that the self-defense claim can be made at a later time.

While Weller argued for Morgan’s release to home confinement with a GPS tracking device, the prosecution listed a lengthy criminal history. Judge O’Keefe denied bail because of Morgan’s “significant violent history,” and the nature and circumstances of the incident.

Judge O’Keefe recommended the Department of Corrections (DoC) place Morgan at the medium security Central Treatment Facility (CTF) due to his age.

Parties are slated to reconvene on Dec. 4.

‘Disheartened’Judge Re-Sentences Probation Violator in Shooting Case

DC Superior Court Judge Michael O’Keefe sentenced a shooting defendant to an additional seven-and-a-half years of imprisonment due to multiple probation violations on Sept. 12.

On Jan. 29, 2021, Jordan Therman, 26, pleaded guilty to aggravated assault and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting incident between two groups that occurred on May 2, 2019, at a gas station on the 4700 block of South Capitol Street, SE.

On April 6, 2021, Therman was sentenced to 30 months, with six months suspended, for aggravated assault and 60 months, with 12 months suspended, for possession of a firearm during a crime of violence.

Therman was also sentenced to a 30 month probation period.

During the Sept. 12 hearing, the prosecution requested Therman be sentenced to the previously imposed term with credit for time served. They argued his inability to comply with probation conditions required the sentence be served in full.

Addressing the court, Therman expressed a desire to start his own business but revealed that he is currently homeless and struggling with mental health issues. He admitted his struggles led him down a path he now regrets, stating he “wish[es] it didn’t happen” and that he is seeking help.

Judge O’Keefe, referencing Therman’s statements from his original sentencing, expressed disappointment at seeing him back in court after previously claiming he had “learned a lot” from the case. The judge noted that he was “disheartened” by Therman’s return under such circumstances.

He was ordered to serve 30 months for the aggravated assault charge and 60 months for the possession charge, with the sentences running concurrently.

No further dates were set.

During Trial Officer Says Shooting Victim Screamed in ‘Pain and Agony’

A responding officer recalled the victim’s suffering to a jury on Sept. 11, before DC Superior Court Judge Errol Arthur.

The prosecution called the first officer to respond to the scene on the day of the incident and his body cam footage was shown to the jury.

According to the officer, when he arrived at the apartment building the door was locked but he stated that he “could hear someone inside screaming in pain and agony.”

Once inside, the officer testified, he saw the victim sitting on the steps screaming and grabbing her groin area. He noted seeing a lot of blood around the pelvic area and heard the victim say “I got shot in the dick.”

The footage also showed the victim describing her assailant as a short light-skinned male with dreads dressed in a black jacket and that he had a silver pocket gun.

The victim also indicated that the incident took place above her on the stairs. During cross-examination, the victim said while she was screaming and in extreme pain she was able to give information to the police.

The prosecution called a forensic scientist from the Department of Forensic Sciences (DFS), who testified he took photographs and recovered evidence from the crime scene on the day of the shooting.

He testified that he saw drops of blood in the hallway, blood on the stairs, a clear liquid on the floor, a cigarette dipped in a substance on the floor, and a cartridge on the floor.

After collecting evidence at the scene, the witness went to the hospital to see the victim and observed a small circular hole around her groin as well as holes and blood on the victim’s underpants and pants. Pictures of the attack’s aftermath were shown to the jury as well a bullet collected at the scene.

The officer that arrested Tyree on Dec. 30, 2023 testified he attempted to run away on the 5200 block of Sheriff Road, NE..

The officer said a firearm, two empty vials, one vial suspected to be PCP, and two cigarettes dipped in a substance were allegedly recovered from Tyree. Body cam footage of the arrest was shown to the court and the officer noted that Tyree was resistant and that all items had to be recovered forcefully.

The trial will continue on Sept. 12.

Bullet-Riddled Target is Evidence in Shooting Case, Suspect Held

DC Superior Court Judge Robert Okun found there was enough evidence for the prosecution to proceed with appears to be a targeted shooting during a preliminary hearing on Sept 11.

Demarco Hayes, 18, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence, for his alleged involvement in a shooting that took place on July 24 at the intersection of 18th Street and Marion Barry Avenue, SE. One individual sustained life-threatening injuries during the incident.

According to court documents, officers from the Metropolitan Police Department (MPD) responded to the location and were advised that an individual driving a Hyundai Sonata was shot in the neck.

Prosecutors called on a detective from MPD who assisted the lead detective in the investigation.

Footage obtained from the Anacostia Library and shown in court depicted a blue Saturn speeding up to the victim’s car, blocking the intersection, someone inside shooting at the victim, and driving off. The prosecutor says the victim remains in critical condition.

According to the detective, the blue Saturn was registered to Hayes, and led to his arrest.

The detective testified she was present when Hayes’ residence was searched, when he was arrested, and discussed photos taken from Real Time Crime Center (RTCC), which shows the suspect vehicle at the scene.

According to the detective, the evidence seized from Hayes’ residence consisted of a 9mm firearm, two shooting targets with bullet holes labeled “Marco”, eight white round pills wrapped in cellophane, and 125 grams of green plant material. According to the detective, the casings recovered at the scene were likely 9mm casings.

Hayes’ attorney, Mani Golzari, cross-examined the MPD detective and insisted that sections of the affidavit, which was written by the lead detective, were inaccurate.

Golzari disagreed with the affidavit stating Hayes had his vehicle spray-painted after the shooting, claiming that there is footage of a witness telling MPD someone else was responsible

Golzari also argued it is difficult to substantiate that Hayes’ Saturn is the one depicted in the footage of the incident, since multiple people in the neighborhood own similar vehicles.

Judge Okun ruled that probable cause exists to go forward with the prosecution, given the evidence obtained from the search of Hayes’ residence.

Golzari requested Hayes be released, arguing he does not pose a threat to the community and the court can impose release conditions that ensure he will return as required. Golzari requested Hayes be given the chance to continue school, and seek mental health and substance abuse treatment.

Judge Okun denied the request, stating that although the defendant has a lot going for him, the nature and circumstances of the offense proves he poses a danger to the community.

Parties are scheduled to reconvene on Oct. 10.

Judge Finds Probable Cause in Stabbing Case, Defendant Detained

DC Superior Court Judge Renee Raymond found probable cause that a defendant was the perpetrator in a stabbing incident witnessed by police during a Sept. 10 hearing.

Alexis Gray, 34, is charged with two counts of assault with a dangerous weapon, for her alleged involvement in a stabbing on Sept. 5 on the 800 block of Chesapeake Street, SE. Two individuals sustained injuries during the incident.

According to court documents, the victims, who were Gray’s ex-husband and his new girlfriend, identified the assailant as Gray to police officers who responded to the scene.

During the preliminary hearing, the prosecution called a Metropolitan Police Department (MPD) officer, who testified he allegedly saw Gray stab the woman when he responded to the scene. He also told Judge Raymond that Gray confessed to stabbing both of the victims at the scene.

Edward Gain, Gray’s attorney, agreed there was sufficient evidence for probable cause.

Judge Raymond ruled that the evidence, Gray’s confession, and the detective’s testimony proved that Gray was the perpetrator in the incident.

Gain requested that Gray be released as she awaits further proceedings. According to Gain, Gray has multiple children, whom she wants to continue to parent.

The prosecution objected to the request, citing the nature and circumstances of the offense.

DC Superior Court Judge Renee Raymond ruled in favor of the prosecution and ordered Gray remain detained.

Parties are set to return for a status hearing on Sept. 25.

Carjacking Defendant Waives Right to Preliminary Hearing

A carjacking defendant waived his rights to a preliminary hearing on Sept. 10, before DC Superior Court Judge Renee Raymond.

Antoine Lee Johnson, 34, is charged with armed carjacking and possession of a firearm during a crime of violence, for his alleged involvement in an incident that occurred on July 22 on the 3300 block of 6th Street, SE.

According to court documents, the victim reported to police that the suspect, who was later identified as Johnson, put a gun to the victim’s head and forced him to leave the scene. The victim’s vehicle was located moments later, and Johnson was arrested.

During the hearing, Anthony Smith, Johnson’s attorney, alerted the court of his intent to waive his right to a preliminary hearing. Smith further argued that Johnson’s mental health played a role in his actions.

Smith requested Johnson be released with GPS monitoring as he awaits further proceedings, stating Johnson would be willing to seek mental health assessments and treatment as necessary.

However, the prosecution objected to the request, citing the nature and circumstances of the incident.

Judge Raymond agreed with the prosecution, and denied Smith’s request for Johnson’s release.

The parties are slated to continue plea negotiations.

Parties are set to return on Sept. 30.

Judge Allows Stabbing Defendant to Complete Probation, Despite Non-Compliance

DC Superior Court Judge Jason Park allowed a stabbing defendant to complete probation on Sept. 12, despite multiple non-compliance reports.

On Sept. 8, 2022, Chantel Thomas, 28, pleaded guilty to attempted assault with a dangerous weapon for her involvement in a stabbing on the 5000 block of Queens Stroll Place, SE, that occurred on March 21, 2021.

On Feb. 8, 2023, she was sentenced to 15 months, with 12 months suspended. Judge Park also sentenced her to 18 months of probation, with three years of supervised release.

During the hearing, Judge Park noted Thomas was arrested for non-compliance in late August.

Charles Haskill, Thomas’ attorney, argued Thomas had been fully compliant with all of her probation requirements before her re-arrest. However, a report from her probation officer stated she had tested positive for alcohol , failed to show up for further testing, and failed to pay court-ordered fees.

All parties agreed an admonition was sufficient, and requested she continue on probation.

Judge Park reminded Thomas that she only had a few weeks left on probation and ordered her to comply with the conditions.

No further dates were set.

Judge Orders Competency Screen for Shooting Defendant

DC Superior Court Judge Maribeth Raffinan issued an order to undertake a mental competency evaluation to for a shooting defendant on Sept. 10.

Daveon Robinson, 17, is charged with conspiracy, four counts of assault with intent to murder while armed, four counts of possession of a firearm during crime of violence, for his alleged involvement in a shooting incident that occurred on Jan. 2, 2023, on the 2200 block of Alabama Avenue, SE. Two individuals sustained injuries.

Defense attorney Elizabeth Weller requested a mental health screening of the defendant, to which the prosecution had no objection.

Parties are scheduled to reconvene on Sept 19 for a mental observation hearing.

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