Murder Defendant’s Sentencing Delayed

DC Superior Court Judge Michael O’Keefe delayed a homicide defendant’s sentencing on Sept. 6 to allow his attorney to review the prosecution’s sentencing memorandum, which they provided the previous day.

Marvin Lopez, 43, was found guilty by a jury of premeditated first-degree murder and possession of a firearm during a crime of violence for fatally shooting 27-year-old Evelyn Arroyo on Dec. 24, 2014, on the 3900 block of 14th Street, NW.

Throughout the trial, prosecutors provided evidence that Arroyo had stalked and threatened Arroyo, his former girlfriend before killing her.

Judge O’Keefe delayed the hearing to allow both parties to review the relevant documents.

The case will reconvene on Oct. 25.

Judge Denies Murder Co-Defendants’ Motion for Acquittal

DC Superior Court Judge Rainey Brandt denied two defendants’ motions for judgment of acquittal on Sept. 4, arguing that the prosecution met the burden of proof.

Ky’lee Palmer, 25, and Aaron Adgerson, 21 are charged with first-degree murder, assault with intent to kill, and two counts of possession of a firearm during a crime of violence. In addition, Palmer is charged with destruction of property worth $1,000 or more and tampering with physical evidence. All are alleged to be offenses committed during release.

The charges stem from Palmer and Adgerson’s alleged involvement in a drive-by shooting that led to the death of 60-year-old Barron Goodwin on Feb. 12, 2020, inside a residence on the 800 block of 51st Street, SE.

Attorneys for Palmer and Adgerson filed oral motions for judgment of acquittals, arguing that the prosecutors had failed to meet their burden of proof. However, Judge Brandt denied it, stating that a reasonable jury could find both defendants guilty of all charges.

Prior to the oral motions, prosecutors called on a Metropolitan Police Department (MPD) officer, who testified he responded to the scene of a vehicle on fire on Feb 9, 2020, on the 800 block of Chesapeake Street, SE. He testified officers discovered the vehicle had been stolen based on its license plate and they collected spent bullet casings from the interior of the vehicle.

Prosecutors also called on an officer, who testified the lead detective for the homicide was unable to testify due to medical issues. Prosecutors argued his absence was not an attempt to be evasive, as the defense has previously argued.

A doctor from the Office of the Chief Medical Examiner (OCME) also testified and stated that the cause of death was a gunshot wound to the head, and the manner of death was a homicide.

Parties are slated to reconvene Sept. 9.

Hearing Delayed to Accommodate Shooting Defendant’s Witness

A shooting defendant’s preliminary hearing was rescheduled on Sept. 5 to allow a detained defense witness to be present in front of DC Superior Court Judge Renee Raymond.

Donnell Antonio Wells, 35, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that injured three men. The incident occurred on Aug. 1 on the 500 block of Newcomb Street, SE.

According to court documents, Wells was arrested after sustaining gunshot wounds on Aug. 1 on the 3900 block of South Capitol Street, SE, moments after the original shooting occurred.

At the hearing, Brandon Burrell, Wells’ defense attorney, requested a continuance to discuss with the detained witness’ attorney about conditions for the individual to appear in court to testify. The witness is being held at the DC Jail due to a traffic violation, further information is uncertain.

Parties are set to reconvene on Sept. 19 for a preliminary hearing.

Homicide Defendant Deemed Competent to Stand Trial

DC Superior Court Judge Maribeth Raffinan deemed a homicide defendant competent to stand trial on Sept. 5 following a report from the Department of Behavioral Health (DBH).

Spiro Stafilatos, 37, is charged with second-degree murder, assault with a dangerous weapon, and fleeing from a law enforcement officer for an incident that occurred on Dec. 30, 2022 on the 1400 block of New York Avenue, NW. The incident resulted in the death of 31-year-old Shuyu Sui.

According to court documents, Stafilatos sped away from a traffic stop, ran a red light and collided with a car. As a result of the collision, Stafilatos’ vehicle spun into the crosswalk and allegedly hit Sui and another victim while they were crossing the street.

On Aug. 30, Brian McDaniel, Stafilatos’ defense attorney, requested a mental competency screening which Judge Raffinan agreed to.

The report done by DBH indicates that Stafilatos is competent to stand trial. It also stated that he might benefit from being moved from the DC Jail to the lower security Correctional Treatment Facility (CTF) for more mental health support.

Judge Raffinan stated she can’t order he be transferred, but can suggest the Department of Corrections (DoC) move him.

A motions hearing is scheduled for Nov. 15.

Judge Denies Motion To Suppress Juvenile Statements to Police, Deems Them Voluntary

DC Superior Court Judge Kendra Briggs denied a juvenile’s motion to suppress statements made to the police in a non-custodial interview–that after her attorneys claimed she had been illegally detained and not read her Miranda Rights, during a hearing on Sept. 4.

The juveniles, a 13-and 14-year-old, are two of five girls aged 12-to-15-years-old charged for their alleged involvement in the fatal beating of 64-year-old Reggie Brown. The incident occurred on Oct. 17, 2023, on the 6200 block of Georgia Avenue, NW.

Charlotte Gilliland and Victoria Clark, the 14-year-old’s attorneys, and prosecutors provided multiple witness testimonies to further their arguments of the motions, which included a motion to suppress statements made by the girl to the police before her arrest and three motions to suppress identification of the girl by three individuals, including the lead homicide detective, a woman who worked at a middle school that the girl frequented, and a co-defendant.

According to Judge Briggs, evidence shows that the detective conducted the interview on Nov. 6, 2023, as a non-custodial interview. The detective previously testified that he had treated the girl as a witness while she willingly provided information that corroborated evidence already in the Metropolitan Police Department’s (MPD) possession, which included surveillance footage from the murder scene and a cell-phone video provided by the girl’s caregiver.

She also ruled that the detective had not illegally seized her as a violation of her Fourth Amendment rights, and she had willingly and voluntarily provided him with information about her involvement in Brown’s murder. Judge Briggs added that, during the interview, the girl had “attempted to minimize her role in the homicide.”

However, she granted the defendant’s motion to suppress the in-court identification of the girl by the lead detective, arguing the detective, who testified he only ever interacted with the girl for a few hours during the interview, did not have “the substantial or intimate knowledge” of the girl to be able to identify her.

Judge Briggs also granted the motion to suppress the co-defendant’s identification of the girl, stating that, during the co-defendant’s interview after her arrest she stated multiple times she did not know the defendant’s name, and only identified her to the detective after an “unduly suggestive” interaction in which the detective confirmed that the one he was hoping she would identify using a nickname he asked her about was the girl.

“This suggestive identification procedure has tainted any future identifications,” Gilliland told Judge Briggs. The judge ruled the co-defendant will not be able to identify her as the nickname provided by the detective, and reiterated that the ruling does not preclude the information she provided to the detective about who was with the group and what she was wearing.

As for the motion to suppress the identification of the girl by a woman who worked at a middle school that the girl frequented but did not attend, Judge Briggs denied it. Gilliland argued the woman did not have an intimate or substantial knowledge of the girl, and her identification procedure was unreliable and duly suggestive by the detective.

Judge Briggs argued that the woman told detectives that she had met the girl in the fall of 2023, when they interacted for 20 minutes, and had another multi-hour long interaction in January, which was followed with interactions once-or-twice a week “at a school that she [the girl] did not attend.” Judge Briggs reiterated the fact that when the girl interacted with the woman in January, she specifically went to the school and asked for her by name.

“It may mean that [the girl] was told who to ask for,” Gilliland insisted. “And then she saw her one-to-two times a week at the school she didn’t attend,” Judge Briggs reiterated.

She ruled that the woman’s identification was valid in trial due to her frequent interactions with the girl.

Following the rulings, the 13-year-old’s attorney filed a motion to sever the defendants’ cases.

It was quickly denied by Judge Briggs.

Parties are slated to reconvene Sept. 5 for trial.

Document: MPD Investigating Fatal Northeast Shooting

The Metropolitan Police Department (MPD) announced it is investigating a fatal shooting that occurred in Northeast on Monday, Sept. 2.

The incident occurred at approximately 1:19 a.m. when officers responded to reports of gunshots in the 2800 block of 7th Street, Northeast. Upon arrival at the scene, officers discovered a male victim with gunshot wounds who was subsequently pronounced dead.

The MPD formally identified the victim as 46-year-old Townsend Reginald Sowell of Northeast.

In their call for assistance from the public, MPD urged anyone with information regarding the shooting to contact them at (202) 727-9099 or text a tip to the department at 50411. The MPD currently offers a reward of up to $25,000 for information, provided it leads to the arrest and conviction of the person or persons responsible for any homicide committed in the District of Columbia.

Homicide Defendant Accepts Plea Deal for Voluntary Manslaughter

A homicide defendant accepted a plea deal from prosecutors during a Sept. 3 preliminary hearing before D.C. Superior Court Judge Michael O’Keefe.

Damon Clark, 27, was originally charged with second-degree murder while armed for the March 8 death of Jimmy Thomas Jr., 46, following an altercation on the 1200 block of Mount Olivet Road, NE.

According to court documents, witnesses testified that Clark and Thomas continued an earlier argument that led to the shooting.

Clark pleaded guilty to voluntary manslaughter while armed in exchange for the prosecution’s not seeking an indictment. The deal includes a sentencing range of seven-and-a-half-to-11-and-a-half years.

According to the prosecution, Thomas’ family plans to attend the sentencing hearing on Nov. 8 to oppose the plea offer.

Murder Defendants Denied Release

DC Superior Court Judge Marisa Demeo found probable cause that two co-defendants were the perpetrators in a homicide during a preliminary hearing, and denied their request for release on Sept. 4.

D’andre Montgomery, 18, and Eric Sheffield, 19, are charged with felony murder while armed and robbery – felony murder for their alleged involvement in the fatal shooting of 28-year-old Kenneth Barskdale. The incident occurred on Dec. 16, 2023, on the 1200 block of 44th Place, SE.

According to court documents, two individuals, identified as Montgomery and Sheffield, attempted to steal Barksdale’s Ford Thunderbird, which was parked at the location. When he refused the suspects shot at Barksdale multiple times, killing him.

Montgomery’s attorney, Sylvia Smith, argued that although the underlying felony is a robbery, no robbery occurred, therefore felony murder is not supported. Sheffield’s attorney, Nathaniel Mensah, supported this claim.

Smith also questioned the line between theft and robbery, but the court decided that although the defendant’s initial goal was to commit theft, it became a robbery when the victim came outside, arguing it became a crime against a person not a crime against property.

Following the finding of probable cause, Mensah and Smith asked that their clients be released on home confinement, as they both have strong school and familial support. Mensah also raised Sheffield’s physical limitations, as he has epilepsy. He had previously been hospitalized for the condition for lack of treatment at the DC Jail.

The prosecution objected, and requested continued detention due to the “truly senseless violence used against Mr. Barksdale.” They also noted that the accused allegedly kept shooting even as the victim began to run back towards his house, and pointed out that at the time there was a toddler inside.

Judge Demeo ultimately deemed the pair a danger to the community if released on home confinement due to prior violations of release conditions and other convictions.

Judge Demeo granted the prosecution’s request for continued detention, but reiterated the need for the Department of Corrections (DoC) to monitor Sheffield’s medical needs.

A felony status conference will be held on Nov. 1.

Shooting Defendant Offered Plea Agreement, Denied Release

A shooting defendant requested additional time on Aug. 30 to review a plea agreement before DC Superior Court Judge Rainey Brandt.

Santos Duarte, 24, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on July 5 at a restaurant and bar on the 3500 block of 14th Street, NW. The victim, the owner of the establishment, suffered a gunshot wound to the leg.

During the hearing, defense attorney Jonathan Lanyi requested more time to discuss the details of a plea deal that was extended by the prosecution.

According to Lanyi, the plea would require Duarte to plead guilty to aggravated assault while armed, possession of a firearm during a crime of violence, and assault with intent to kill, in exchange for the prosecution not seeking an indictment.

At the hearing, Lanyi also requested Duarte be released, stating that “his family was waiting” and that he “has ample support from the community,” pointing out that friends and family were present for the hearing. Lanyi emphasized that due to some trauma during his childhood he’s “gone through quite a bit,” and was working to support his wife and his young child prior to his arrest.

Judge Brandt denied the request, citing the nature and circumstances of the crime, in which he allegedly shot into a crowded public place. She found that there are no combination of conditions that would ensure the safety of the community.

However, she told the defense they could file a written request for release, which would allow the prosecution to respond in writing.

Parties are expected to reconvene on Sept. 27.

Carjacking Defendant’s Request for Release Denied

DC Superior Court Judge Maribeth Rafinnan in an Aug. 30 hearing denied a defendant’s request to be released under home confinement and GPS monitoring after a trial delay due to a hospitalized witness.

Daquan Jackson, 28, is charged with unarmed carjacking for his alleged involvement in an incident on March 3 on the 1000 block of H Street, NE.

On Aug. 26, the prosecution alerted the court of their essential witness’s unexpected hospitalization, and requested trial be delayed until they can guarantee the person’s availability.

On Aug. 29, Sara Kopecki, Jackson’s attorney, filed a motion requesting that Jackson be released under home confinement and GPS monitoring because Jackson’s right to a speedy trial was compromised. She argued he does not have a history of avoiding court procedures.

During the hearing, the prosecution objected, stating Jackson was on parole for violent offenses when he allegedly committed the crime. They also argued he was convicted of escaping from prison in 2018, and are worried that he would not return to court if released and would be a danger to society.

According to the prosecution, the witness remains in the hospital, and reinstated their request for trial to be delayed.

Judge Raffinan granted the motion to delay the trial, and denied Kopecki’s motion to release Jackson due to his criminal history and the nature and circumstances of the offense.

Parties are slated to reconvene Oct. 2.

Double Homicide Defendant Deemed Competent to Stand Trial

DC Superior Court Judge Maribeth Raffinan ruled that a double homicide defendant is mentally competent to stand trial on Aug. 30.

Kevin Foster, 20, is charged with two counts of first-degree murder for his alleged involvement in the homicides of 23-year-old Dana Faulkner and 15-year-old Abdul Fuller that occurred on March 7, 2023. Faulkner was shot and killed on the 2700 block of Bruce Place, SE, and Fuller was shot and killed at the intersection of Mississippi Avenue and Wheeler Road, SE.

On July 16, Judge Raffinan ordered that Foster receive a full mental competency exam. A report written by a Department of Behavioral Health (DBH) doctor, dated Aug. 27, deemed Foster competent to stand trial.

Due to neither party having an objection to the finding, Judge Raffinan imposed the ruling and deemed him competent.

Parties are slated to reconvene Sept. 20.

2020 Homicide Trial Delayed Until 2026

A homicide defendant’s motion to delay his trial and allow the defense further time to review evidence was granted by DC Superior Court Judge Maribeth Raffinan on Aug. 30.

Antoine Turner, 30, is charged with first-degree murder while armed with aggravating circumstances, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and carrying a pistol without a license. The charges stem from his alleged involvement in the fatal shooting of 34-year-old Demetrius Benson on Nov. 3, 2020 on the 3900 block of Minnesota Avenue, NE, and 23-year-old Demeitri Anderson on Nov. 29, 2020 on the 4500 block of Benning Road, SE.

Madalyn Harvey, Turner’s defense attorney, filed an unopposed motion to continue trial on Aug. 9. Within the motion, the defense said they had begun downloading new evidence on June 28 and as of July 1, the materials were still in the process of being assembled.

According to the parties, the evidence provided is important for the trial, and Harvey argued she wouldn’t have sufficient time to prepare if the trial date was not delayed.

During the hearing, Judge Raffinan granted the request for a continuance.

Turner’s new trial was scheduled for May 18, 2026 – more than a year-and-a-half later than his original date.

Parties are slated to reconvene Nov. 22.

Homicide Defendant Rejects Plea Deal, Judge Orders Competency Screening

A homicide defendant rejected a plea offer from the prosecution and requested a jury trial before DC Superior Court Judge Maribeth Raffinan on Aug. 30.

Spiro Stafilatos, 36, is charged with second-degree murder, assault with a dangerous weapon, and fleeing a law enforcement officer for his alleged involvement in a car crash on the 1400 block of New York Avenue, NW that occurred on Dec. 30, 2022. The incident resulted in the death of 31-year-old Shuyu Sui.

According to Metropolitan Police Department (MPD) documents, Stafilatos fled a traffic stop in his vehicle and collided with another vehicle at the intersection of 14th Street and New York Avenue, NW. As a result of the collision, Stafilatos’ vehicle spun into the crosswalk and hit Sui and another victim while they were crossing the street.

The deal would have required Stafilatos to plead guilty to assault with a dangerous weapon and involuntary manslaughter, in exchange for a dismissal of all other charges.

After rejecting the prosecution’s offer, Stafilatos informed Brian McDaniel, his defense attorney, that he was getting help for his mental health issues in jail. As a result, McDaniel asked for a mental competency screening which Judge Raffinan agreed to.

A hearing to review the results of the competency evaluation is scheduled for Sept. 5.

Witnesses Detail Inconclusive DNA, Phone Evidence In Homicide Trial

A DNA expert witness testified that all the DNA evidence in a homicide trial was inconclusive in DC Superior Court Judge Rainey Brandt’s courtroom on Sept. 3.

Ky’lee Palmer, 25, and Aaron Adgerson, 21, are charged with first-degree murder while armed, assault with intent to kill while armed, and two counts of possession of a firearm during a crime of violence. In addition, Palmer is charged with destruction of property worth $1,000 or more and tampering with physical evidence. All are alleged to be offenses committed during release.

Prosecutors called a DNA expert witness, who testified that their lab received DNA swabs from the exterior of a vehicle, two cigarillo packages, three cheek swabs from known individuals, and a known DNA profile of Palmer.

Prosecutors previously presented evidence of a black Nissan, which they claimed Palmer stole on Feb. 9, 2020. In it, a witness from the Department of Forensic Sciences (DFS) testified, they recovered the tested items, and were only able to partially swab the vehicle which was burned.

According to the DNA expert, none of the swabs were able to be compared with the known DNA profiles because the samples were not clear enough.

The defense also cross-examined the FBI special agent regarding cell phone data in the area of the crime scene and the area where the car involved in the shooting had been burned.

According to the witness, Palmer’s cell phone connected to cell towers around the area where the burned car was found.

The witness said during cross examination by David Akulian, Palmer’s attorney, that one cannot know an individual’s exact location based on data from cell phone towers and that Palmer’s phone did not connect to any towers around the crime scene at the time of the homicide.

He had previously testified that Sprint, who has since merged with T-Mobile, only enabled phones to connect to towers when they made a call, and there was a one hour gap around the time of the murder in which Palmer’s phone didn’t connect to towers.

The witness said in redirect that based on the location of phone calls made in succession, one could narrow down the area where Palmer’s phone was and that the movement was consistent with moving quickly down Southern Avenue in Southeastern DC.

Parties are set to reconvene on Sept. 4.

Homicide Co-Defendant’s Motion to Sever Granted

DC Superior Court Judge Anthony Epstein, at an Aug. 30 hearing, granted a homicide defendant’s request to sever from her co-defendant in order to have him testify in her trial.

Tamera Brown, 28, and Robert Baskerville, 31, are charged with first-degree murder while armed for their alleged involvement in the fatal shooting of 28-year-old Darron Holmes II, which occurred on April 16, 2022 at 1236 Southern Avenue, SE.

Brown also faces two counts of threat to kidnap or injure a person, assault with intent to kill while armed, and obstruction of justice. Baskerville also faces conspiracy, possession of a firearm during a crime of violence and carrying a pistol without a license.

During the hearing, Judge Epstein denied Baskerville’s pending motion to sever on the grounds that a jury would naturally separate evidence and charges against the defendants while separate trials would only extend the process.

After confirming denial of the original motion to sever, however, Brown’s attorney, Brian McDaniel, filed their own motion to sever, arguing that they would like Brown’s trial to be after Baskerville’s so that Baskerville would be available as a witness.

Judge Epstein asked both defense teams to discuss the implications of granting Brown’s motion over headset, out of earshot from the prosecution and the rest of the court, and afterwards granted the motion with the caveat that Baskerville, even if convicted, would testify in Brown’s trial.

Brown is expected to return Oct. 25.

Baskerville’s trial is slated to begin Sept. 17.

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