Murder and Conspiracy Defendant Requests Plea Deal, Fights Disputed Evidence in Retrial

Accused of killing his best friend and conspiring to intimidate a witness, Eugene Burns asked the prosecution to extend a plea offer and argued through his defense attorneys, Rosemary Szanyi and Jocelyn Wisner, to deny the admission of certain evidence before DC Superior Court Judge Marisa Demeo on Sept. 6.

Burns, 32, was convicted of first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in 2017 for his alleged involvement in the shooting death of 24-year-old Onyekachi Emmanuel Osuchukwu III, on Nov. 15, 2015, on the 2900 block of Second Street, SE.

The convictions were overturned in 2020, when the DC Court of Appeals ruled that the search warrants for cell phones seized as evidence in the case were unconstitutional because they were overbroad.

In 2022, prosecutors updated the charges of first-degree murder, carrying a pistol without a license, and possession of a firearm during a crime of violence against Burns and added charges of conspiracy and two counts of obstructing justice. His 24-year-old co-defendant, Tyre Allen, 24, was also charged with obstructing justice. The two allegedly attempted in 2020 to persuade and intimidate a witness into recanting testimony he gave against Burns in the original murder trial.

The prosecution extended a deal that required Burns to plead guilty to second-degree murder while armed, attempting to obstruct justice, and obstructing justice, and Allen to plead guilty to obstructing justice, in return for the dismissal of all other charges. The offer was wired, meaning it would be valid only if both co-defendants accepted it.

Allen rejected the offer. The prosecution is considering offering an un-wired plea deal after Burns requested his attorneys petition for an un-wired plea agreement.

The prosecution asked Judge Demeo to admit as evidence the testimony of a witness who said Burns told him about the murder before and after it happened.

According to the rules of evidence, repeating another person’s out-of-court statements is hearsay and therefore inadmissible. An exception to the rule against hearsay allows a witness to repeat a defendant’s statement confessing a crime, as long as the defendant is available in court for cross-examination about the statement.

Judge Demeo provisionally granted the motion, on condition that the prosecution demonstrates Burns’ statements to the witness can rightly be viewed as a confession. She invited the defense to object to the testimony later if they believe the prosecution has not met that requirement.

The prosecution asked Judge Demeo to admit evidence of bad actions for which Burns wasn’t charged. These included ownership of a handgun compatible with the bullets found in and around Osuchukwu’s body, a joint drug-selling operation with Osuchukwu, threats to kill Osuchukwu for not sharing the drug profits fairly, and threatening a witness who testified against him for Osuchukwu’s murder.

The Federal Rules of Evidence state that the evidence of other crimes is not admissible simply to show a defendant’s propensity to commit a charged crime, but it is admissible if it helps prove the defendant’s guilt for the charged crime or provides necessary context for understanding the crime.

Judge Demeo granted most of the motion but refused to admit evidence that Burns threatened a witness in 2015. She rejected the evidence on grounds of the double jeopardy clause that prevents a person from being tried twice for the same crime. In Burns’ first trial, he was charged with obstructing justice and threatening to kidnap or injure a person, partly based on that evidence, but was acquitted.

In response to a motion filed by the prosecution to admit evidence of Burns and Allen’s conspiracy to obstruct justice, Judge Demeo objected that the motion was very broad in what it asked to include.

“It seems way out of proportion to the effect you’re trying to achieve,” Judge Demeo said.

She gave the prosecution until Sept. 13 to file the specific excerpts of prior statements they want to admit as evidence and the reasons for each one.

Parties are scheduled to reconvene on Sept. 18.

Document: MPD Investigating Fatal Southeast Stabbing

The Metropolitan Police Department (MPD) announced it is investigating a homicide in Southeast Washington, D.C. The incident occurred in the early morning hours of Tuesday, September 10, 2024. Officers responded to a call concerning a traffic accident on the 4600 block of Livingston Road, Southeast around 3:40 a.m.

Upon arrival, officers discovered an unoccupied vehicle on the sidewalk. Nearby, a man was found in the roadway with stab wound injuries. The man, identified by police as 70-year-old Johnathan Reeves of Upper Marlboro, MD, was pronounced dead at the scene.

MPD is urging anyone with information about the incident to either call police at (202) 727-9099 or text their tip to the Department’s TEXT TIP LINE at 50411. The department is offering a reward of up to $25,000 for information leading to the arrest and conviction of the individual or individuals responsible for the crime.

Shooting Defendant’s Release Conditions Modified

DC Superior Court Judge Di Toro modified a shooting defendant’s release conditions on Sept. 9, citing his compliance.

D’Montre Gay, 28, is charged with unlawful discharge of a firearm, unlawful possession of a firearm by a convict, endangerment with a firearm, possession of an unregistered firearm, unlawful possession of ammunition, carrying a pistol without a license, and destruction of property less than 1,000 dollars. The charges stem from his alleged involvement in a shooting that occurred on Dec. 16, 2023 on the 700 block of Maine Avenue, SW.

According to court documents, while Metropolitan Police Department (MPD) officers patrolled the area, they believed to have heard the sound of gunshots. After further investigation, they apprehended two suspects including Gay, who was standing near the sound of where the gunshots originated. A gun was allegedly recovered from Gay at the time of his arrest.

Marnitta King, Gay’s attorney, requested his release conditions be modified, requesting his GPS monitor be removed.

Judge Di Toro granted the request.

Parties are slated to reconvene March 14, 2025.

Document: MPD Arrests Suspect in Southeast Shooting

The Metropolitan Police Department (MPD) announced the arrest of a suspect involved in a Southeast shooting. The suspect is 64-year-old Charles Brown, and was detained on September 7, 2024 following an investigation carried out by detectives surrounding the case.

The incident took place on Wednesday, September 4, 2024, when officers were alerted to a shooting victim that had walked into a local hospital. The male victim disclosed that he had been shot at a gas station located in the 2500 block of Pennsylvania Avenue, Southeast, earlier that same day. Currently, the victim is being treated for his injuries at a local hospital where he remains in stable condition.

Charles Brown is now facing charges of Assault with a Dangerous Weapon (Gun) in connection with this incident. It is important to highlight that the combined efforts of MPD’s detectives and officers were instrumental in promptly identifying and arresting the suspect.

Vehicular Homicide Defendant Pleads Guilty

DC Superior Court Judge Robert Okun accepted a homicide defendant’s guilty plea on Sept. 9.

Andre Johnson, 31, was originally charged with second-degree murder for his involvement in a hit and run that caused the death of Madison Jones, 18.

During the hearing, Johnson’s attorney, Kevann Gardner, alerted Judge Okun of his intent to accept a plea deal, which required him to plead guilty to involuntary manslaughter, assault with a dangerous weapon, and attempted assault with a dangerous weapon, in exchange for the prosecution’s not seeking an indictment.

According to the prosecution, Johnson was driving without a valid permit at a speed of 50-to-60 miles per hour on a street with a speed limit of 25. He then ran a red light and struck the car Jones was a passenger in, ejecting her from the car and killing her at the scene.

The prosecutor added that Johnson fled the scene and did not render aid for Jones and the surviving victims.

According to court documents, at the time of the incident, Johnson was on release in two cases, in which he was charged with driving without a permit.

Parties are slated to reconvene for sentencing on Nov. 15.

Document: MPD Searching for Southwest Shooting Suspect

The Metropolitan Police Department (MPD) announced their appeal for community assistance in locating a suspect involved in a southwest shooting. The incident took place on Saturday, September 8, 2024, at the 4600 block of Martin Luther King, Jr., Avenue, Southwest at 10:36 p.m. MPD officers responded to a report of a shooting, where they found an adult male and female suffering from gunshot wounds upon arrival.

The victims were subsequently transported to a local hospital for treatment. The suspect, who was captured on a surveillance camera, can be seen in the accompanying photos provided by MPD.

The MPD urges anyone who can identify the suspect or has knowledge of this incident to contact the police at (202) 727-9099 or text a tip to the Department’s TEXT TIP LINE at 50411. The MPD is offering a reward of up to $10,000 for any information that results in the arrest and conviction of the individuals responsible for this violent crime in the District of Columbia. The case number for this incident is CCN: 24138346.

Document: MPD Investigating Fatal Northwest Shooting

The Metropolitan Police Department (MPD) announced an ongoing investigation into a homicide that occurred in Northwest, Washington DC.

On the evening of Friday, September 6, 2024, at around 10:33 PM, MPD officers responded to a report of gunfire on the 1000 block of Spring Road, Northwest. Upon arrival, the officers discovered a distressed man and woman inside a residential building, both of whom had sustained gunshot wounds.

DC Fire and EMS were summoned to the scene, and the male victim was transported to a local area hospital for treatment. Despite immediate intervention, the female was found with no signs of life and was consequently pronounced dead on the scene.

The deceased female has been identified as 33-year-old Tanisha Morris of Northwest.

MPD encouraged those with information about the crime to contact police at (202) 727-9099 or send a tip to the Department’s TEXT TIP LINE at 50411. The department is currently offering a reward of up to $25,000 for information leading to the arrest and conviction of the individual(s) responsible for the homicide.

Document: MPD Searching for Shooting Suspect

The Metropolitan Police Department (MPD) announced that it is actively seeking public assistance in locating a suspect involved in a shooting incident in Southeast. This event took place on Sept. 4. A walk-in shooting victim at a local hospital reported the incident, stating he was attacked at a gas station on the 2500 block of Pennsylvania Avenue, Southeast at around 4:47 p.m.

MPD is treating this case as an ‘Assault with Intent to Kill’ due to the severity of the shooting. As of now, the victim is receiving treatment at an area hospital and their condition is reported as stable.

The investigators secured an image of the suspect, captured by a surveillance camera at the shooting location. The MPD has requested that anyone with information related to this case to either call police at (202) 727-9099 or text your tip to the Department’s TEXT TIP LINE at 50411. Moreover, any information leading to the arrest and conviction of the person or people responsible for this violent crime may receive a reward of up to $10,000 from the MPD.

This incident is part of an ongoing concern within the District of Columbia to curb violent crime. The case number for reference is CCN: 24136675.

Shooting Defendant Pleads Not Guilty, Questions Investigator’s Credibility

A shooting defendant pleaded not guilty to all charges before DC Superior Court Judge Maribeth Raffinan on Sept. 9, as she ordered the prosecution to turn ov r all discovery, including a document that could impeach the lead detective’s testimony.

Anthony Goncalves, 51, is charged with assault with intent to kill while armed against a minor, aggravated assault knowingly while armed against a minor, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in a non-fatal shooting that occurred on Nov. 29, 2023, on the 3900 block of Minnesota Avenue, NE. A 14-year-old boy sustained life-threatening injuries from the incident.

Christen Philips, Goncalves’ 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.

She requested all Brady material, meaning evidence that can potentially exonerate the defendant, be turned over, including a Giglio form, which may establish that a police offer’s testimony lacks credibility

According to Philips, a potential for bias exists resulting from “racially insensitive memes” allegedly posted by the lead detective.

Parties are slated to reconvene Nov. 19.

Shooting Defendant Pleads Guilty, Claiming Imperfect Self-Defense

A shooting defendant accepted a plea offer extended by prosecutors before DC Superior Court Judge Robert Okun on Sept. 9.

Daniel Mendoza, 23, was originally charged with four counts of assault with intent to kill while armed, twelve counts of possession of a firearm during a crime of violence, two counts of aggravated assault knowingly while armed, four counts of assault with a dangerous weapon, assault with significant bodily injury while armed, carrying a pistol without a license outside home or place of business, possession of unregistered firearm, and unlawful possession of ammunition while armed.

The charges stem from his involvement in a shooting that injured three individuals on June 27, 2023, on the 3100 block of 16th Street, NW.

During the hearing, Marc Eisenstein, Mendoza’s attorney, alerted the court of his intent to accept a deal, which required him to plead guilty to aggravated assault while armed and assault with a dangerous weapon, in exchange for dismissal of all other charges.

According to the prosecution, Mendoza fired seven shots creating a substantial risk of death and then fled on a bicycle. He did not act in self-defense when firing these shots say prosecutors.

Eisenstein said Mendoza believes he acted in fear and does not seek that legal justification but will argue for imperfect self-defense at sentencing.

Mendoza agreed that his use of force was excessive despite being in fear.

Eisenstein requested Mendoza be sentenced under the Youth Rehabilitation Act (YRA), which seals a young defendant’s conviction if they successfully complete all sentencing requirements.

The parties are slated to reconvene on Jan. 31.

Homicide Co-Defendant Pleads Guilty

A homicide defendant accepted a plea deal extended by the prosecution before DC Superior Court Judge Michael O’Keefe in an Aug. 23 hearing.

Maurice Williams, 22, was originally charged with conspiracy, first-degree murder while armed, attempt to commit a robbery while armed, and two counts of possession of a firearm for his alleged involvement in a robbery and fatal shooting of 20-year-old Marquette White on Jan. 21, 2022 at the 3800 block of Commodore Joshua Barney Drive, NE.

Williams was also accompanied by Seaun McDowney, 20, that day and met with him to smoke weed. He previously accepted a plea deal.

According to the prosecution, they had planned to rob White of his gun and, on the night of the shooting, and McDowney watched as Williams dragged White out of a vehicle and shot him.

Through his defense attorney, Brian McDaniel, Williams accepted an offer that required him to plead guilty to second-degree murder and possession of a firearm during a crime of violence, in exchange for a dismissal of all other charges.

Through the deal, the parties agreed to a sentencing range of 13-to-20 years of incarceration.

Parties are slated to reconvene Nov. 22 for sentencing.

Carjacking Defendant Deemed Competent to Stand Trial

DC Superior Court Judge Erik Christian deemed a carjacking defendant mentally competent to stand trial on Sept. 5, following a report from the DC Department of Behavioral Health (DBH).

Kevin Weaver, 32, is charged with unarmed carjacking of a taxicab driver, kidnapping of a senior citizen, and threat to kidnap or injure a person, for his alleged involvement in a carjacking. The incident occurred on Sept. 10, 2023, at the intersection of 7th and Monroe Streets, NE. No individuals were harmed.

Neither party contested the competency finding, but Jay Mykytiuk, Weaver’s attorney, requested additional time to prepare for the next hearing.

Parties are scheduled to reconvene Sept. 26.

Document: MPD Investigating Fatal Crash Involving a Pedestrian in Northwest

The Metropolitan Police Department (MPD) announced an ongoing investigation into a fatal hit-and-run accident involving a pedestrian in Northwest DC.

The initial findings from the investigation, conducted by MPD, determined the incident occurred on Sept. 1 at around 2:19 a.m. The victim, walking westbound on the north sidewalk in the 900 block of U Street, Northwest, had reportedly entered the crosswalk at Vermont Avenue, Northwest against the do not walk signal. He was struck by an unknown vehicle which failed to remain at the scene and continued northbound on Vermont Avenue, Northwest.

The victim was pronounced dead on the scene. Further information released by MPD identified the victim as 26-year-old Myles Kevin Mcewen of Northwest, DC.

For the final update, MPD has made a public request for any information related to the incident. Individuals with knowledge of the hit-and-run is urged to call the police at (202) 727 -9099 or text their tip to the Department’s TEXT TIP LINE at 50411.

Judge Denies Probation, Revokes Youth Sentencing For Stabbing Defendant

DC Superior Court Judge Maribeth Raffinan denied a stabbing defendant’s request for release and disallowed sentencing under the Youth Rehabilitation Act (YRA) on Sept. 9.

On Jan. 30, 2023, Johnny Gutierrez Borrome, 22, pleaded guilty to assault with significant bodily injury for his involvement in a stabbing that injured one person and occurred on Jan. 4, 2023 on the 1800 block of Adams Mill Road, NW.

According to court documents, an altercation occurred between two men at a coffee shop, during which Gutierrez Borrome stabbed the other individual in the back, resulting in hospitalization.

On April 7, 2023, Gutierrez Borrome was found guilty of assault with significant bodily injury and sentenced to 15 months incarceration and 18 months supervised release.

On March 29 Gutierrez Borrome failed to appear for a scheduled probation show cause hearing which led to a bench warrant’s being issued by Judge Raffinan.

Gutierrez Borrome was rearrested in Colorado on July 12, and extradited to DC in August.

During the hearing, the prosecution asked Judge Raffinan to revoke probation and for his original sentence to be upheld for lack of compliance. The prosecutor noted Gutierrez Borrome was lost to contact, failed to submit drug tests, and was convicted of undisclosed charges in Colorado.

John Machado, Gutierrez Borrome’s defense attorney, asked for the court to allow him to return to probation, or for a shorter sentence to be imposed, citing his prior detainment..

Judge Raffinan acknowledged Gutierrez Borrome failed to submit drug tests, and tested positive for marijuana while being non compliant.

“I don’t see that Mr. Borrome has taken his probation seriously based on his conduct,” said Judge Raffinan.

Judge Raffinan imposed a sentence of 15 months of incarceration and three years of supervised release. She added that the Youth Rehabilitation Act (YRA) sentence would also be revoked. It would have allowed his conviction to be sealed if he successfully completed all sentencing requirements. He will receive credit for time served.

No further dates were set.

Document: MPD Investigating Fatal Crash Involving Pedestrian in Southeast

The Metropolitan Police Department (MPD) announced that they are currently investigating a fatal traffic crash involving a pedestrian that took place on Sept. 4 at approximately 8:58pm on the 2100 block of Minnesota Avenue, SE.

The MPD further reported that a pedestrian was lying down in the northbound travel lane of the area when an unknown gray SUV traveling north ran over the pedestrian and fled the scene. The SUV continued through 22nd Street, Southeast, without the driver rendering aid or revealing their identity.

The MPD confirmed the male pedestrian was pronounced dead at the scene. The victim has been identified as 29-year-old Kurt Donnelle Morgan.

The MPD is urging anyone with information regarding this incident to come forward and is asking for them to call the police at (202) 727-9099 or submit their tip via the Department’s TEXT TIP LINE at 50411.