Victim Credibility Questioned During Closing Statements in Shooting Trial

Prosecutors asserted Oct. 1 that a defendant accused of driving a vehicle where shots were fired from is “just as guilty as if he fired the weapon himself,” during closing statements before DC Superior Court Judge Rainey Brandt.

Jamal Coleman, 32, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed for his alleged aiding and abetting role as the driver in a May 4, 2023, shooting on the 4600 block of Polk Street, NE in which one victim was injured.

Parties delivered closing arguments, during which Carrie Weletz, Coleman’s attorney, insisted that the “[victim] was not forthcoming at any point” of the entire investigation.

She added the victim could not make a positive identification that Coleman was the driver of the vehicle bullets sprayed from. Weletz recalled the victim’s testimony in which he stated, “it was dark inside the car, I couldn’t see who was driving” and “I was focused on the gun.”

Weletz claimed the prosecution wants the jury to “make a leap in logic,” to fill what she deems are holes in their theory.

The prosecution acknowledged the defense’s argument that the victim was not forthcoming, but added that in the hours following the shooting “he was in pain … he was trying to answer questions to the best of his ability … his focus … was to get help.”

Following closing statements, Elizabeth Weller, Coleman’s other attorney, filed a motion for judgment of acquittal, stating the prosecution had not submitted enough evidence to determine if Coleman had intent to harm the victim.

Weller also argued Coleman should be acquitted because the victim’s testimony was inconsistent enough to be unable to conclude Coleman was the driver.

Judge Brandt, looking at the evidence in the light most favorable to the prosecution, denied the motion, arguing that when Coleman reported his car missing later on May 4, he told police he was driving around the time of the shooting. That, combined with Coleman’s car GPS showing the vehicle in the vicinity of the shooting at the correct time, establishes that Coleman could have been the driver, which was not a difficult connection to make.

“It’s a reasonable inference,” Judge Brandt said.

Parties are set to reconvene when the jury reaches a verdict.

‘I Am Not Guilty,’ Claims Carjacking Defendant in Trial

On Oct. 2, DC Superior Court Judge Judith Pipe and a jury heard testimony from a carjacking defendant who said he was only trying to help during the incident.

Michael Robinson, 39, is charged with unarmed carjacking and two counts of robbery for his alleged involvement in a carjacking that occurred on May 26 on the 3000 block of Georgia Avenue, NW.

According to court documents, a rideshare driver hit another individual on a bicycle with his vehicle and continued to drive down the street. After stopping the man in the car, the cyclist forced the driver out of his car, before stealing his vehicle with two passengers inside.

According to prior testimony, the man who drove away with the car in surveillance footage was not Robinson. Police have still not been able to identify the individual, but Robinson was present in the video and seems to be shown aiding the driver.

During the hearing, Martin Rosendorf, Robinson’s attorney, called the defendant to testify.

According to Robinson, he was just trying to help intervene between the lyft driver and the individual who had just gotten hit on his bicycle. He testified he saw the incident occur from a nearby bus stop and wanted to make sure nothing escalated between the two and that the individual on the bike received compensation for being hit.

“I never carjacked anyone,” Robinson said he told police at the scene. He testified he was confused as to why he got arrested.

The rideshare driver, and owner of the stolen vehicle, through a language interpreter, recounted what had happened on May 26. The driver said that although he did not know what the individuals were saying after the incident, he could read their tone as “aggressive”.

The driver testified that after he accidentally hit the man on the bicycle, two men approached his car, leading to an escalation of the situation and the eventual theft of his vehicle.

The driver provided an in-court identification of Robinson as one of the men at the scene, but not the individual who drive away with his vehicle. He stated that Robinson did in fact seem to be helping him, but got aggressive with him as well.

Prosecutors also called on an eyewitness to the crime. He was one of the individuals inside the rideshare vehicle as the incident occurred.

According to the witness, one of the men that approached the vehicle told the driver “you just hit my little ‘cuz,” and told the driver he needs to give anything for compensation.

This witness also provided an in-court identification of Robinson being one of the men at the scene, but unlike the victim of the carjacking, he identified him as a suspect.

Trial is set to continue on Oct. 7.

Shooting Defendant Faces Probation Revocation Due to Noncompliance

On Oct. 2, DC Superior Court Judge Judith Pipe delayed a ruling on a shooting defendant’s probation revocation due to his new arrests in two other jurisdictions and a possible outstanding warrant.

On Oct. 22, 2021, Cesar Morales, 29, was convicted of assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of a firearm, prisoner escape and possession of an unregistered firearm/unlawful possession of firearm or destructive device. These charges stem from his alleged involvement in a non-fatal shooting on the 3000 block of 14th Street, NW on Aug. 25, 2017.

During the hearing, the prosecution requested for the original sentence to be imposed because of the numerous re-arrests and a long history of criminal activity. They cited his probation officer’s statements that he has pending cases and an outstanding warrant in two other jurisdictions.

Bruce Cooper, Morales’ attorney, requested his probation be terminated and deemed unsuccessful.

Judge Pipe ordered a continuance of this hearing in order to gather more information on the cases outside of this jurisdiction before making any concrete decisions.

A bench warrant, issued by DC Superior Court Judge Lynn Leibovitz on May 15, was executed on Oct. 1 for Morales as he had failed to appear for his probable show cause hearing.

Parties are set to reconvene on Oct. 9.

Judge Reinstates Defendant’s Original Sentence For Homicide Committed During Probation

DC Superior Court Judge Errol Arthur reinstated a shooting defendant’s original sentence during a hearing on Oct.1.

On March 4, 2019, Tyiion Freeman, 22, was convicted of assault with significant bodily injury for his involvement in a shooting on the 600 block of Park Road, NW on Dec. 20, 2017.

He was sentenced to 18 months, with all of it suspended under a Youth Rehabilitation Act (YRA). As part of the sentencing, he was required to successfully complete 24 months of probation in order to have the conviction sealed under the YRA.

However, he failed to comply with the conditions of probation. He was charged in connection to a conspiracy and murder case for the death of 13-year-old Malachi Lukes on March 1, 2020.

He was recently convicted and sentenced to 108 years of incarceration for the murder.

During the re-sentencing in the non-fatal shooting case, Judge Arthur revoked his probation due to violations and imposed his original sentence of 18 months to run consecutively to other sentences. He is also required to serve three years on supervised release.

No further dates were set.

Shooting Defendant Requests Judge Reconsider Release

DC Superior Court Judge Rainey Brandt delayed a ruling regarding a defendant’s motion for release to allow the prosecution time to respond in writing on Oct. 2.

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. One victim, the owner of the establishment, suffered a gunshot wound to the leg.

During the hearing, Judge Brandt alerted Jonathan Lanyi, Duarte’s defense attorney, that he needs to file his motion for reconsideration of release in writing, and allow the prosecution time to respond.

Lanyi also requested more time to discuss the details of a plea deal that was extended by the prosecution with Duarte.

According to Lanyi, the plea would require Duarte 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.

Parties are slated to reconvene Nov. 8.

Attorney Requests Armed Carjacking, Shooting Defendant’s Release

DC Superior Court Judge Judith Pipe rescheduled an Oct. 2 status hearing amongst miscommunication over the defense’s filing of a motion for a bond review.

Kevin Settles, 37, is charged with two counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, armed carjacking, attempted unarmed carjacking, assault on a police officer while armed, unlawful discharge of a firearm, possession of an unregistered firearm, and carrying a pistol without a license outside of his home or business.

These charges stem from his alleged involvement in a non-fatal shooting on the 3000 block of B Street, SE, and also the 100th block of Ridge Road, SE, where he allegedly also shot at police.

Settles’ defense attorney, Brian McDaniel, requested Judge Pipe release Settles, stating he filed a written motion in September.

However, Judge Pipe and the prosecution said the motion was never filed.

McDaniel stated he would file another as soon as possible.

Judge Pipe ruled she would not make any decision on the request before seeing the motion. Settles’ release would be discussed at another hearing date.

Court is set to reconvene on Oct. 16.

Carjacking Trial Begins with Conflicting Narratives

The victim in an armed carjacking case testified before DC Superior Court Judge Errol Arthur on Oct. 1 that one of the co-defendants was trying to help him.

Gregory Patterson, 41, and Jimmy Johnson, 43, are charged with armed carjacking, three counts of possession of a firearm during a crime of violence, and robbery while armed for their alleged involvement in a carjacking incident that occurred on the 1600 block of Kenilworth Avenue, NE on July 11, 2023.

Patterson is also charged with armed robbery in connection to the incident.

Johnson also faces charges of unlawful possession of a firearm by a convict, possession of an unregistered firearm, and unlawful possession of ammunition. The additional charges stem from his alleged possession of the items during his arrest on March 28 on the 4000 block of Ponds Street, NE.

During trial Tuesday, prosecutors called on the victim, who provided an in-court identification of Patterson as one of the individuals who attacked him and attempted to carjack his vehicle during the incident. However, the victim testified Johnson was not one of the assailants and was attempting to stop the group from ambushing him.

“Any time I heard Johnson’s voice, he was helping me,” the victim told the jury. Surveillance footage presented in court also showed Johnson assisting the victim. The footage showed him assisting the victim back to his car and having conversations with the attackers, allegedly telling them to leave the victim alone.

The victim testified that Johnson said, “He’s not going like that, respect my bro,” implying that the victim would die fighting rather than give in.

The victim also clarified earlier claims that Johnson was telling the assailants what to do to the victim, saying, “It wasn’t him that said that” and “It wasn’t his voice.”

The victim expressed fear of retaliation, saying, “I worry now about going to visit my daughter in that neighborhood because I fear possible retaliation due to this trial.”

He also said he gave the car to his son and quit his job as a professional model because he no longer felt safe.

As counsel began the trial, the defense focused on Johnson’s actions during the incident, saying “Johnson didn’t rob, didn’t carjack, and didn’t have a gun” at the time of the crime. McCoy argued that Johnson was trying to help the victim.

However, the prosecution argued that there were four suspects who attempted to carjack and attack the victim. Initially, it was an individual identified as Patterson and two masked individuals who confronted the victim and were seen in surveillance footage.

The prosecutor showed a video of the event, saying a gun was pointed at the victim as the assailants demanded his jewelry. According to the prosecutor, the individual, identified as Patterson, punched the victim, who was missing an arm.

The individual, identified as Johnson, was seen arriving on the scene as the group of men attacked the victim, said the prosecutor. The prosecution insisted that he was involved and guided the assailants on what to do.

The attempted carjacking was unsuccessful, but the victim’s ring and necklaces were stolen.

According to the prosecutor, the jury will be able to convict the defendants based on footage and images of the victim’s injuries.

Alvin Thomas, Patterson’s attorney, told the jury Patterson didn’t have a gun, did not rob the victim, and did not try to steal his car. Thomas argued that the masked individuals were responsible for that, claiming that Patterson and Johnson tried to stop the masked individuals from stealing the car.

The trial is set to continue on Oct. 2.

Dispute Between Friends May Have Triggered A Homicide

A trial for a homicide that may have stemmed from a dispute between two old friends got underway with opening arguments on Oct. 1 before DC Superior Court Judge Robert Okun.

Dennis Chase, 32, is charged with first-degree murder, possession of a firearm while armed, and unlawful possession of a firearm with a prior violent crime for the fatal shooting of Anthony Orr, 30.

The incident occurred on Dec. 7, 2020, on the 400 block of Xenia Street, SE.

During their opening argument, the prosecution stated that Chase’s actions were premeditated and that after Chase allegedly shot Orr, he drove to Maryland.

A Maryland officer testified he arrested Chase on the day of the incident as he attempted to break into a private residence. According to the officer, Chase acted erratically and seemed to not understand what was happening.

The officer also testified he recovered a suspect vehicle linked to Chase by car rental records.

Prosecutors argued evidence from the rental car, testimony, and surveillance footage will prove Chase’s guilt beyond a reasonable doubt.

Julie Swaney, Chase’s defense attorney argued he acted in self-defense suggesting drug use might be involved.

Prosecutors called the victim’s mother, who said Chase and Orr were childhood friends who reconnected in the months before the victim’s death.

Megan Allburn, a second defense attorney, cross-examined the witness about Orr’s girlfriend who had requested several restraining orders against him. At the time, he was incarcerated for driving without a license.

Prosecutors also called a witness who saw the victim’s body being pushed out of a vehicle, and while he summoned first responders they were unable to prevent Orr’s death.

The parties are set to reconvene on Oct. 2.

Document: MPD Investigating Northeast Homicide

The Metropolitan Police Department (MPD) is investigating a fatal shooting incident that took place on Oct. 1, on the 900 block of Eastern Avenue, NE. Upon responding to reports of a shooting, officers discovered an unidentified adult female victim inside a vehicle, who was pronounced dead at the scene after suffering from gunshot wounds.

Document: MPD Searching for Armed Carjacking Suspect

The Metropolitan Police Department (MPD) is requesting the public’s assistance in identifying a suspect allegedly involved in multiple armed carjackings that took place on Sept. 2, Sept. 13, and Sept. 17, on the unit block of K Street, NE, the unit block of Pierce Street, NE, and 1100 block of 1st Street, NW, respectively. The victims, whose identities were not released, were approached by the suspect who displayed a handgun and demanded their mopeds.

Document: MPD Searching for Northwest Shooting Suspect

The Metropolitan Police Department (MPD) is requesting the public’s assistance in identifying a suspect involved in a shooting that took place on Sept. 30 on the 5900 block of Georgia Avenue, NW.

Upon responding to reports of a shooting, officers discovered the victim, a juvenile male, who was injured and transported to a hospital with non-life-threatening injuries.

Defense Contests Homicide Defendant’s Competency Finding

A defense attorney challenged DC Superior Court Judge Anthony Epstein’s ruling that a homicide suspect is mentally competent to stand trial during a hearing on Oct. 2.

Asmerom Ghebrekidan, 53, is charged with second-degree murder and two counts of assault with a dangerous weapon for his alleged involvement in the death of 41-year-old Fitsum Mamo and the assault of another individual on May 25, 2023 at the 1900 block of 14th Street, SE.

According to court documents, Ghebrekidan allegedly stabbed Mamo in the head and arm with a pickaxe and hit another individual with the handle of the pickaxe before witnesses were able to restrain him in an alleyway. Mamo succumbed to his injuries two days later.

At the hearing, Judge Epstein deemed Ghebrekidan competent to stand trial based on a report from the Department of Behavioral Health (DBH), and ordered that he be transferred from Saint Elizabeths Hospital to the DC Jail.

Laura Rose, Ghebrekidan’s defense attorney, contested the decision and said she was working on getting an expert to evaluate Ghebrekidan. She argued that Judge Epstein should reconsider Ghebrekidan’s transfer to the jail because there is “no meaningful argument” that says he won’t revert to an incompetent state at the jail.

Rose said Ghebrekidan should be evaluated by the defense expert under the same or similar circumstances as the DBH competency report. Therefore, he should not be moved to the DC Jail until the evaluation is complete. Rose claims Saint Elizabeths tries to free up beds by finding people competent and returning them to the jail.

“The policy influences opinion,” Rose said but Judge Epstein disagreed.

“In my experience, Saint Elizabeth’s is not looking to send people back to the jail as quickly as possible,” he said.

Judge Epstein said he understood the risk of Ghebrekidan’s reverting to mental incompetence once back in jail but he has already made the decision.

Rose asked for Ghebrekidan to be placed in the mental health unit of the jail.

The judge said it is generally up to the jail to decide where people are placed and that he was not going to tell the Department of Corrections (DOC) how to run the facility.

Judge Epstein agreed to make a recommendation to the DOC for Ghebrekidan to be placed in a medium security Central Treatment Facility (CTF).

Parties are slated to reconvene on Oct. 25.

Homicide Defendant Released For Lack of Probable Cause

After reviewing the evidence, DC Superior Court Judge Maribeth Raffinan ruled against probable cause in homicide case on Oct. 2, ordered the matter dismissed and the defendant released.

Lawrence Bradshaw, Jr., 18, was charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 38-year-old Ricky Canty on the 400 Block of Sheriff Road, NE, on April 24.

According to court documents, Metropolitan Police Department (MPD) officers responded to reports of a shooting where they found the victim conscious and breathing, suffering from gunshot wounds. Officers transported the victim to Medstar-Washington Hospital Center, where he was pronounced dead.

On Sept. 30, the lead detective testified that eyewitnesses and surveillance cameras captured four masked individuals, some armed, getting out of a car and approaching a deli. One eyewitness recalled one of the suspects approaching him and saying, “You know what time it is?”

Canty was shot outside of the deli, and the suspect vehicle, which was recovered in a car accident as it fled the murder scene, had a phone registered to Bradshaw’s father but used by Bradshaw himself, as well as 18-year-old Jaylen Suggs’ cell phone. Suggs is a co-defendant whose case is proceeding.

The prosecutor said people are always with their phones, so Bradshaw’s phone being in the car places him in the car at the time of the crime.

Judge Raffinan stated that although Bradshaw’s phone places him in the car at some point, it is unclear if he had the phone at the time of the shooting, or if he had previously left his phone in the car.

There is also no evidence that Bradshaw was using his phone at any point close to the time of the murder, or even on the day of the murder, Judge Raffiinan concluded. There are also no eyewitnesses that identify Bradshaw as the shooter or as any of the four people who got out of the car at the scene of the crime.

Therefore, Judge Raffinan ruled the prosecution has not established probable cause and dismissed the case without prejudice meaning it can be tried again if prosecutors gather additional evidence.

Unidentified DNA Found Under Victim’s Fingernails in Homicide Case

A DNA expert witness testified that DNA not belonging to the suspect was found under the victim’s fingernails in a homicide case in front of DC Superior Court Judge Marisa Demeo on Oct. 1.

Eugene Burns, 32, is charged with first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence for his alleged involvement in the shooting death of 24-year-old Onyekachi Emmanuel Osuchukwu III, on Nov. 14, 2015, on the 2900 block of Second Street, SE.

Burns was convicted of the charges in 2017, but the verdict was overturned in 2020 because of an overly broad search warrant and the DC Court of Appeals returned the case to DC Superior Court.

Along with Tyre Allen, 24, Burns is also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of the due administration of justice. The charges stem from their alleged attempts in 2020 to persuade and intimidate a witness into recanting testimony he gave against Burns in the original murder trial.

The prosecution called a DNA expert witness who tested the victim’s fingernails and found a DNA profile not belonging to the victim or Burns.

On cross examination, the witness said the DNA could have been left there because of a struggle, but not necessarily so. The witness said prolonged contact was more likely to leave DNA under a person’s fingernails.

The witness also testified that a mix of DNA from at least three contributors was found on an empty solo cup from the crime scene. According to the witness, it is more likely than not that Burns’ DNA was included in the mixture.

The victim’s cousin also testified that she knew Burns and the victim were friends in high school, and she questioned Burns after the shooting via Instagram messages. According to the witness, she asked why he was not with the victim at the time of the incident if he was shot at Burns’ house?

The prosecution showed screenshots in which Burns allegedly responded saying the victim would often come over to his house when he wasn’t there and then asked the witness, “WHAT EXACTLY ARE YOU SAYING?”

“He was trying to be defensive,” the witness testified.

The witness also testified that Burns did not attend the victim’s funeral.

A friend of Burns’ testified that Burns was “like a nephew to him,” and lived in his house for an extended period of time at the end of 2015. The witness said Burns had gotten into an altercation with his mother’s boyfriend’s son — not the victim — and spoke to the witness about it.

The witness said he heard about Burns getting a gun around that time, but could not remember the source of the information. Attorneys read testimony the witness gave in prior proceedings of this case saying Burns told him he wanted to get a gun to protect himself and retaliate due to the altercation.

The witness described Burns’ behavior at the end of 2015 as “jumpy.”

Parties will reconvene Oct. 2.

‘I Hope You Rot in Hell for This,’ Says Victim’s Sister as Homicide Defendant OK’d For Las Vegas Trip

DC Superior Court Judge Maribeth Raffinan granted a homicide defendant’s request to leave the District on a personal trip, despite the victim’s family members expressing frustration over the decision in an Oct. 2 hearing.

Desmond Gaskin, 38, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, tampering with physical evidence, first-degree theft, and destruction of property less than 1000 dollars. The charges stem from his alleged involvement in the fatal shooting of 40-year-old William Whittington Jr. on July 19, 2022 on the 400 block of Burbank Street, NE.

During the hearing, Jason Tulley, Gaskin’s defense attorney, addressed a motion that he filed on Sept. 5 requesting that Gaskin be granted permission to travel to Las Vegas for his girlfriend’s birthday celebration. Gaskin is currently released on personal recognizance with 24-hour GPS monitoring, which prohibits his leaving the jurisdiction without permission.

Gaskin’s supervised release officer stated that he had been compliant with all of the terms of his release and there have been no issues.

“It helps psychologically for someone who has been working as hard as he has to take a break,” said Tulley.

The prosecution stated that allowing him to travel creates an unnecessary risk, especially to Las Vegas considering it is a city of “excess.”

“You took something I can never get back,” Whittington’s sister, who was present remotely, stated. She added, “I hope you rot in hell for this. I know you did it, you know you did it, my brother knows you did it.”

The prosecution added that the victim’s family is frustrated that Gaskin is on release in the first place, much less allowing him to travel.

Judge Raffinan ruled that because Gaskin has been in substantial compliance with his release, he will be permitted to make the trip. Gaskin is required to submit all travel information to the court, keep his GPS monitoring on, and drug test upon his return to the DC area.

Parties will reconvene on Feb. 11.