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Defendant Pleads Guilty to Metro Station Shooting

A defendant accepted a plea deal in connection to a Metro station shooting before DC Superior Court Judge Andrea Hertzfeld on Aug. 7.

Desean Delaney, 31, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his involvement in a shooting which occurred on April 8 at the 200 block of Florida Avenue, NE within the NoMa-Gallaudet Metro station. 

According to court documents, an individual, later identified as Delaney, got into an altercation with a woman after she didn’t respond to his advances. He allegedly brandished a handgun, before the victim pushed his hand away, which caused the suspect’s gun to fire. No injuries were reported. 

At the hearing, Delaney’s attorney, Elliott Queen, alerted the court of his intent to accept a plea deal, which required him to plead guilty to assault with a dangerous weapon in exchange for the prosecution not seeking an indictment.  

According to the prosecution, had the case gone to trial, they would have been able to prove beyond a reasonable doubt that when Delaney’s advances to the woman were turned down, he brandished a handgun, a struggle ensued and the gun was fired. 

“There are no legal justifications for his actions,” the prosecutor said.

Judge Hertzfeld asked Delaney to comply with interviews for the pre-sentence report so she could get a better understanding of his perspective and any additional details of the case.

Parties are scheduled to reconvene Oct. 11.

He Was A Very Happy Teen Says Family Member of Shooting Victim

A homicide victim’s family member testified the boy was a very happy child in a trial before DC Superior Court Judge Anthony Epstein on Aug. 7. 

Jason Lewis, 42, is charged with second-degree murder while armed, two counts of assault with a dangerous weapon, and three counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 13-year-old Karon Blake on Jan. 7, 2023. The incident occurred on the 1000 block of Quincy Street, NE.

The victim’s grandmother said Blake was very happy and a big jokester, pulled pranks and loved food.

When the prosecution asked how Blake’s mother reacted to the news of his murder she said she “shut down” and was “hurt and lost.”

According to the prosecution, Lewis heard noise outside of his house when he was about to go to bed, grabbed his .40 caliber gun and went to see what was going on. Prosecutors say surveillance footage will prove that Lewis shot at Blake and another young individual, ultimately causing Blake’s death.

The security footage from a PNC bank and a dentist’s office down the street allegedly shows two young people get out of a gray Kia and break into several cars, one of which was Lewis’ gray Audi.

Prosecutors called on a Metropolitan Police Department (MPD) officer, who continued his testimony from Aug. 6. The prosecution asked the officer to recall if Lewis mentioned anyone shooting at him when he was interviewed at the scene. According to the officer, Lewis had not. 

During cross-examination, Lewis’ defense attorney, Edward Ungvarsky, pressed the officer about why he didn’t do CPR on Blake when he arrived at the scene. The officer believed Blake was already dead and did not want to disrupt the bullet wound as evidence in the case.

Footage from his body-worn camera, which was shown in open court, depicts the officer feeling a faint pulse, stating he was unsure, and needing a second opinion from another officer. Ungvarsky went on to ask whether the officer knew of the life-saving efforts that occurred in the ambulance and at the hospital before Blake was pronounced dead.

A forensic scientist with the Department of Forensic Sciences (DFS) who processed the scene described the victim’s clothes including a hoodie, a long-sleeved shirt, pants, and boxer shorts. She testified that they all had a hole. According to the witness, a black ski mask was also found on the victim. 

The forensic scientist also provided testimony on a Kia Sportage, which was located in an alleyway near the incident. When officers and the forensic scientist arrived on the scene, the Kia was still in gear with the driver’s side door open and the passenger’s side door bent in the opposite direction.

Prosecutors also called the owner of a Kia Sportage who said her car was stolen after parking it at a friend’s overnight. When she returned the morning of Jan. 7, 2023, it was gone. 

A witness to the shooting said he had been unable to sleep, when he had heard noises sounding like a metal shovel. A man’s voice was heard saying, “Hey,” followed by gunshots and an engine revving. 

He recalled the first shot being very loud and sounding like a rifle, followed by three-to-five more gunshots. 

He testified he saw two people, who he said appeared to be juveniles, run into the alleyway.  At one point while looking out his window blinds, he called 911.

Once the police arrived, the witness testified, he heard what he thought was the same voice say, “Over here, over here.”

Parties are slated to return on Aug. 8 to continue with trial. 

‘Shooting Was Unprovoked,’ Prosecution Says During Closing Statements in Shooting Trial

A defense attorney said even though his client ran away from police after a shooting, it’s not a sign of guilt in closing arguments before DC Superior Court Judge Rainey Brandt on Aug. 6. 

Deon Cannon, 29, is charged with two counts of assault with intent to kill while armed, two counts of assault with a dangerous weapon, five counts of possession of a firearm during a crime of violence, conspiracy, unlawful possession of a firearm by a convict, possession of an unregistered firearm, carrying a pistol without a license outside of a home or business, unlawful possession of ammunition and eight counts of destruction of property of less than $1000.

The charges stem from his alleged involvement in an incident on Sept. 5, 2021, on the 2700 block of Terrace Road, SE. There were no reported injuries.

According to court documents, video surveillance footage from the scene shows an individual, later identified as Cannon, shooting multiple times at two victims, an adult male and his nine-year-old son, but missing them. Metropolitan Police Department (MPD) officers responded to the scene and arrested him.

“Twenty-nine feet,” prosecutors stated, is how far away Cannon was from the victims when he shot at them. They recapped the nine-year-old’s testimony, in which he said he was walking to his grandmother’s home with his dad when an individual shot at them. He recalled he may have been hit by gunfire, mentioning a scar on his ankle, “that was not there before.”

The prosecution argued the surveillance video suggests Cannon was waiting for his victims to walk past before he started shooting. According to the prosecution, the victim shot back at Cannon, and something “a little more subtle” can be seen in the footage, which they identified as a second gunman also shooting toward the victim. 

Cannon is “not worried about friendly fire,” the prosecutors claimed, adding he is not shown hiding from this second gunman but only from the victim’s line of fire. 

The prosecution went on to say this was not a conflict, as “shooting was unprovoked.” There was “disregard” for the victim’s son’s presence, and insisted that Cannon “fired those rounds regardless.”

“The intention was to kill that day,” the prosecution insisted, adding that Cannon ran towards the victims with his gun. 

The prosecution argued trials are like puzzles, stating in this case,  “It is clear what the picture shows and that is [guilt].”

However, Jonathan Lanyi, Cannon’s defense attorney, argued the prosecution has “nothing to prove” that Cannon was the perpetrator.

Lanyi acknowledged Cannon ran away from the scene because he did not want to be considered a suspect. However, Lanyi stated, when officers told Cannon to stop, he did. 

Lanyi pointed out Cannon wasn’t clearly identified, so no one can say he was the shooter, and the nine-year-old couldn’t say what the shooter was wearing.

The lawyer argued that since there are questions about Cannon’s whereabouts during the shooting as well as a lack of credible identification, the jury should conclude there is reasonable doubt Cannon committed the crime.

The jury will begin deliberations on Aug.7.

Murder Trial Halted A Second Day Due to Jury Illness 

DC Superior Court Judge Robert Okun delayed an ongoing murder trial for the second day on Aug. 6 because a juror is sick. 

Antonio Murchison, 31, and his co-defendant Mark Price, 29, are charged with first-degree murder while armed, five counts of assault with intent to kill while armed, aggravated assault knowingly while armed, seven counts of possession of a firearm during a crime of violence, conspiracy, and seven counts of criminal gang affiliation. 

The charges stem from their alleged involvement in a mass shooting on July 16, 2018, on the 5300 block of 53rd Street, NE in the Clay Terrace neighborhood. The highly publicized crime left ten-year-old Makiyah Wilson dead and four other individuals with gunshot wounds.

Judge Okun postponed the proceeding until Aug. 7, in hopes the ill juror will be able to return to court and testimony can resume.

The prosecution alerted the court of a potential matter involving the Public Defender Service (PDS). Namely, a key witness may be asserting his Fifth Amendment right to remain silent. Judge Okun ordered a status hearing with PDS for Aug. 7 to reach a determination.

Parties are scheduled to reconvene Aug. 7.

Shooting Defendant Requests Dismissal, Alleges Evidence Violation

A shooting defendant’s attorney filed a motion to dismiss his case due to alleged evidence violations before DC Superior Court Judge Errol Arthur on Aug. 7. 

Keith Walker, 30, is charged with assault with a dangerous weapon for his alleged involvement in a shooting in which an individual sustained an injury to the ankle. The incident occurred on March 7, on the 3100 block of Buena Vista Terrace, SE. 

On Aug. 6, Tamara Jones and James King, Walker’s defense attorneys, filed a motion requesting his case be dismissed or the prosecution be forced to comply with Brady rule, which obligates the prosecution to provide evidence favorable to the defense.

In the motion, the defense cites the prosecution’s alleged failure to divulge contradictory statements made by the victim and witnesses to the grand jury, which they need to accurately investigate and build their case.

King stated the prosecution told the defense they are unable to disclose the information since it involves an ongoing investigation. However, King says that puts Walker’s case at an unfair disadvantage.

“We need this information as soon as possible so [we] can investigate properly,” King told Judge Arthur. 

Judge Arthur granted the prosecution a week to respond to the motion in writing, and stated they would discuss the issue on Aug. 20. 

The defense also filed a motion to reconsider Walker’s detention, with King claiming, “This is an unlawful detention of [Walker].” 

According to the defense, Walker should be released because DC Superior Court Judge Eric Glover and the prosecution failed to provide findings of fact during his preliminary hearing on May 15 that would prove detention is necessary. 

Jones argued Judge Glover stated Walker could be considered dangerous, but never discussed the less restrictive conditions that are available to guarantee the community’s safety.

Jones also claimed Walter has been illegally detained for three months. 

Judge Arthur stated he would listen to the recording of the May 17 hearing, and reach out to Judge Glover to hear his arguments about why Walker must remain detained, before he makes a ruling.

Furthermore, Walker asserted his right to independently test DNA evidence recovered at the crime scene. According to the prosecution, they recovered three cartridge casings that will not be tested.

Because Walker has chosen to do his own evidence testing, King stated the trial, which was previously scheduled for Aug. 20, will need to be delayed in order for a lab to analyze the samples before trial. 

The prosecution requested they hold off on setting a new trial date in order to check witness availability. 

King was also concerned the prosecution has yet to indict the case, and stated they could fail to meet the Aug. 15 deadline. However, the prosecution assured Judge Arthur that they will have an indictment in the next few days. 

Parties are slated to reconvene Aug. 20 to discuss the outstanding motions. 

Jury Convicts Shooting Defendant  

A jury found a shooting defendant guilty of 13 charges before DC Superior Court Judge Rainey Brandt on Aug. 5.

Deon Cannon, 29, was charged with assault with intent to kill while armed, assault with intent to kill while armed against a minor, assault with a dangerous weapon, assault with a dangerous weapon against a minor, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, possession of an unregistered firearm, carrying a pistol without a license, possession of a large capacity ammunition feeding device, and unlawful possession of ammunition.

The charges stem from his involvement in a shooting on Sept. 5, 2021, on the 2700 block of Terrace Road, SE. Serious injuries were reported for two victims, an adult male and his child. 

The jury convicted Cannon of all charges. 

During the trial the prosecution called on a nine-year-old victim to testify stating he was walking from the playground to his grandmother’s house when he and his father experienced gunfire with his father shooting back as they ran away.

“The intention was to kill that day,” the prosecution insisted, adding that Cannon ran towards the victims with his gun. 

In response, Jonathan Lanyi, Cannon’s defense attorney, stated that Cannon was not the shooter and only attempted to run away from the scene because he was afraid of being falsely accused. He insisted they arrested the wrong suspect.

Sentencing is set for Dec 18. 

Suspect Claims Self-Defense For Fatally Shooting 13-Year-Old 

Parties delivered opening statements in a homicide the defendant says was self-defense before DC Superior Court Judge Anthony Epstein’s courtroom on Aug. 6. 

Jason Lewis, 42, is charged with second-degree murder while armed, two counts of assault with a dangerous weapon and three counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 13-year-old Karon Blake on Jan. 7, 2023. The incident occurred on the 1000 block of Quincy Street, NE.

“Please no! I’m a kid! I’m only 13!,” prosecutors claim Blake said as he suffered a bullet wound to his right side torso area, and another to his hip. 

According to the prosecution, Lewis heard noise outside of his house when he was about to go to bed, grabbed his .40 caliber gun and went to see what was going on. Prosecutors say surveillance footage will prove that Lewis shot at Blake and another young individual, ultimately causing Blake’s death.

The security footage from a PNC bank and a dentist’s office down the street allegedly shows two young people get out of a gray Kia and break into several cars, one of which was Lewis’ gray Audi.

According to the prosecution, a person identified as Lewis is seen coming out of his house shooting at one of the individuals running back to the Kia. Blake, prosecutors say, stayed still standing behind Lewis’ car for several moments, before running directly towards Lewis as he fired.

However, the defense believes Lewis’ actions were justified.

“Jason was defending his life and his family,” Julie Swaney, Lewis’ attorney, stated, adding that Lewis has a wife and four children.

Swaney claimed Lewis heard someone trying to break into his house, and was shot at by two people from a car, before shooting back. She argued this incident arose out of self-defense. 

According to Swaney, Blake ran at Lewis in a threatening manner, which led to Lewis shooting and killing the 13-year-old.

The prosecution called on a Metropolitan Police Department (MPD) officer who responded to the scene seconds after the incident occurred. Body-camera footage, shown in court, depicts the officer walking up to the residence as Lewis was rendering aid to Blake.

The officer stated Blake was, “Dead. Wasn’t breathing, no life. He was gone.”  According to the officer, he did not find any weapons on Blake’s body when he searched it at the scene.

The officer testified that Blake was taken to the hospital but could not be revived.

According to the officer, when he talked to Lewis at the scene, he didn’t say other individuals were involved or shots were fired at him. However, the officer testified, Lewis did tell him about a nearby but did not give a precise description.

The officer also testified that Lewis told him Blake ran at him in a threatening manner leading to the shooting. He was able to provide MPD with his home’s security footage. 

Parties are set to return Aug.7.

Document: MPD Makes Arrest in Northeast Shooting

The Metropolitan Police Department (MPD) announced the arrest of 34-year-old Anthony Gary, who is charged with assault with a dangerous weapon for his alleged involvement in a shooting that injured one individual on March 22 on the 1300 block of Rhode Island Avenue, NE.

Document: MPD Searching for Suspects in Northwest Shooting

The Metropolitan Police Department (MPD) is asking the public’s assistance in identifying and locating suspects involved in a shooting that occurred on Aug. 2 on the 1100 block of Euclid Street, NW. An adult male was found suffering from multiple gunshot wounds.

Motion for Acquittal Denied in Homicide Trial 

DC Superior Court Judge Michael O’Keefe denied a homicide defendant’s motion for judgment of acquittal during a hearing on Aug. 6.

Bernard Matthews, 44, is charged with first-degree, premeditated murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and carrying a pistol without a license for his alleged involvement in the shooting of 22-year-old Diamonte Green. The incident occurred on Feb. 16, 2021, on the 300 block of 33rd Street, SE.

Following the prosecution’s case, Marnitta King, Matthews’ attorney, filed an oral motion for a judgment of acquittal claiming that it failed to meet its burden to prove Matthews was involved in the incident.

The prosecution countered, stating that a reasonable jury could find him guilty of all charges based on the evidence and witness testimony they’ve presented. 

Judge O’Keefe agreed with the prosecution and denied the motion, stating that the jury could see that Matthews was caught by surveillance footage in the moments before and after the shooting, and traveling to and from the scene of the crime.

Judge O’Keefe then asked Matthews if he planned to testify, and he asserted his right to take the stand, although it is unclear when.

King called forth an officer from the Metropolitan Police Department (MPD) who testified she was off-duty in the vicinity of the incident when cruisers began to arrive at the scene. 

According to the officer, as she was in her personal vehicle preparing to leave the area, she witnessed an individual exit from a walkway behind the building where Green’s body was located and get into a white Cadillac Escalade, before leaving the scene.

In body-worn camera footage shown to the court, the witness can be heard telling officers she watched the individual “walking fast and holding it,” relating to his waistband.

King questioned if, based on her training as an officer, she took that as a sign of his concealing a weapon. The witness agreed.

However, the witness testified, she never saw the Escalade again and does not know if anything ever came of her observation.

Parties are slated to reconvene Aug. 7.

Witnesses Testify About Hostile Instagram Messages in Murder Trial

The parties in a homicide trial questioned witnesses about the accuracy and completeness of key evidence before DC Superior Court Judge Michael O’Keefe on Aug. 5.

Bernard Matthews, 45, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in the shooting death of 22-year-old Diamonte Green on Feb. 16, 2021, on the 300 block of 33rd St., SE. 

The landlord of Green’s girlfriend testified that he had provided the police with the surveillance video footage shown to the jury earlier in the trial. According to court documents, the footage showed Matthews’ movements before and after the shooting, except for the fifteen minutes immediately preceding the 911 call reporting Green had been shot. 

A Metropolitan Police Department (MPD) officer testified to downloading the video footage from the apartment building’s security cameras a week after the incident. He said the video was jerky because he wasn’t able to access the proprietary software that would make it play smoothly.

Matthews’ defense attorney, Marnitta King, asked the officer if he had told his supervisors that they needed to obtain the proprietary software. He said he hadn’t because he had other software capable of playing the video, although jerkily.

The officer said that the security camera was reporting a time that was approximately 44 minutes later than the actual time, so he downloaded footage that was timestamped 44 minutes later than the time he was looking for.

King asked the officer if he had any way of verifying that the video footage was actually taken at the day and time he was looking for. He said he didn’t.

A custodian of records from the Meta media company took the witness stand to certify the authenticity of Instagram messages the prosecutors had previously shown to the jury. Among these were a barrage of hostile messages Green sent Matthews’ son up until two minutes before the 911 call. 

Green’s texts to Matthews’ son included, “u ah b**** cuh. Ah b**** come all the way down here to call your bluff u a b**** I’m see u out here” and, “u ain’t safe bullets ain’t got no name slim.”

An investigative analyst for the US Attorney’s Office (USAO) laid out in chronological order the messages among Green, Green’s girlfriend, Matthews, Matthews’ son, and the mother of Matthews’ son in the hours before Green’s death.

“An accurate representation of the communications of a person would include all their communications, correct?” King asked the analyst. He assented.

King pointed out that the records from Meta showed Green sending hostile messages to another individual who was identified only by their Instagram username. Although those messages were sent during the time period covered by the analyst’s report, they didn’t appear in the report.

The prosecution noted that Green stopped messaging that individual more than an hour and a half before the 911 call. During that time, Green sent approximately 32 messages to Matthews’ son.

The trial is scheduled to resume on Aug. 6.

Prosecutor Won’t Link Drive-by Shooting to Neighborhood Gang

The prosecutor in a homicide case told DC Superior Court Judge Michael O’Keefe on Aug. 5 that he no longer plans to present evidence connecting the incident to a neighborhood crew in Anacostia and Barry Farm known as For Da Money Gang or 4DMG.

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 $1000 or more and tampering with physical evidence. All are alleged to be offenses committed during release. The charges stem from Palmer’s 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, on the 800 block of 51st Street, SE. 

The prosecutor said instead he will argue at trial that Palmer’s motive in the shooting was to threaten Palmer’s girlfriend and her brother, since the house that was targeted was their family home. 

The prosecutor said he no longer plans to argue that Adgerson’s motive was to curry favor with a gang. He will argue that Adgerson was acting out of loyalty to an older friend he admired, since Adgerson was 16 at the time of the incident and Palmer was 20.

The prosecutor asked Judge O’Keefe to allow into evidence still shots from Adgerson’s Instagram videos that are said to show him dancing to music with Palmer and displaying guns. 

Palmer’s defense attorney, David Akulian, pointed out that Palmer isn’t holding any of the guns in Adgerson’s videos. He objected to the prosecution’s claim that those guns are consistent with the murder weapon. 

Judge O’Keefe promised to hear more arguments on the issue at the next hearing.

The prosecutor asked to use evidence of Palmer’s prior acts of alleged domestic violence in the trial, arguing that the shooting was an extension of that pattern of behavior. 

Akulian said the shooting grew out of a dispute between Palmer and his girlfriend’s brother, not out of Palmer’s purportedly violent behavior towards his girlfriend. 

Judge O’Keefe agreed to allow the evidence of domestic violence because shooting at the shared home of the girlfriend and her brother could be interpreted as directed at either of them. 

The prosecutor asked to present evidence that Palmer stole a vehicle and his girlfriend’s phone prior to the incident. 

Judge O’Keefe gave permission for evidence of the phone theft because it was central to the prosecution’s account of the conflict that led to the shooting.

The judge said the prosecutor could offer evidence that Palmer was driving a stolen vehicle at the shooting. Regarding the car, the prosecution said cell phone location data suggested Palmer was in the vicinity of the vehicle when it was taken.

The next hearing in this case is scheduled for Aug. 8.

Preliminary Hearing in Vehicular Homicide Delayed Amid Plea Negotiations

A defendant accused in a traffic fatality alerted DC Superior Court Judge Rainey Brandt of her plans to accept a plea deal at a preliminary hearing on Aug. 6.

Olivia Ayong, 49, is charged with negligent homicide for her alleged involvement in the fatal car crash that claimed the life of 72-year-old Ralph Williams on Nov. 25, 2022, on the 900 block of K Street, NE. 

According to court documents, Williams had his car double-parked with the blinkers on and was unloading groceries from a truck when he was struck and pinned between Ayong’s and his vehicle. He was transported to MedStar hospital where he was pronounced dead from blunt force trauma to his legs and pelvis. 

Also according to court documents, Ayong, who works as a home healthcare provider, was transporting a patient at the time of the incident. She tested negative for alcohol and drug use, and the patient in her vehicle said Ayong was not using her phone at the time.

A plea offer was discussed between parties, but not disclosed in court, and defense attorney John Harvey said Ayong is “inclined to accept.” 

The final deal has yet to be consummated. The prosecution mentioned the victim’s family has objections and wants to be present when Ayong agrees to the terms. 

Judge Brandt requested that only one person speak on behalf of the family during the hearing, as she will not tolerate any disrespectful behavior. 

Parties are slated to return on Aug. 30.