Search Icon Search site

Search

Motion for Continuance Granted in Stabbing Trial 

DC Superior Court Judge Errol Arthur granted prosecutors motion for continuance on Sept. 24.

Jose Garcia Fuentes, 42, is charged with assault with a dangerous weapon and simple assault for his alleged involvement in a stabbing on the 4400 block of 14th Street, NW, on April 24.  An individual sustained injuries during the incident. 

Before the hearing, the prosecution filed a motion to postpone the trial because the prosecutor is currently in trial for another case. All parties agreed to continue the trial at a later date.

According to court documents, an individual, later identified as Garcia Fuentes, was in a verbal and physical altercation with an individual while intoxicated.

Parties are slated to reconvene for trial on Oct. 1

‘I Wish You The Best of Luck,’ Says Judge at Shooter’s Sentencing

A shooting defendant in a robbery-turned-shooting case was sentenced by DC Superior Court Judge Errol Arthur on Sept. 24. 

Kevin Bailey, 24, was initially charged with conspiracy while armed, robbery while armed, possession of a firearm during a crime of violence while armed, assault with significant bodily injury while armed, assault with a dangerous weapon, and four counts of possession of a firearm during a crime of violence for his alleged involvement in an armed robbery and shooting involving two male victims inside a car on April 14, 2020, at the intersection of Gallaudet Street and Central Place, NE. One of the victims was treated at a hospital for gunshot wounds to his right shoulder. 

Bailey was sentenced under the Youth Rehabilitation Act (YRA) on three charges, including carrying a pistol without a license, assault with a dangerous weapon, and robbery. The defendant received no immediate jail time, and all confinement periods were suspended. He was placed on YRA probation for two years for each charge and must serve 180 hours of community service. 

The Judge made a point to say this was a special case, and charges like these usually require time served.  Under the act, if Bailey successfully completes his sentence, the record of his conviction will be confidential.

He made a final warning to Bailey about the seriousness of his probation, saying, “If you want to test me, go for it and see what happens because I will give you ten years.” 

According to court documents, one victim stated he organized a transaction through Instagram to sell marijuana. He stated that when two men arrived to make the deal, one of them attempted to take the marijuana without paying, while the second man pulled a gun on him. He told police he tried to flee but heard two or three gunshots and realized he had been hit. 

At the hearing, the prosecution read a victim impact statement, asking for Bailey to receive jail time for the shooting. The prosecution asked for a short split, meaning Bailey would get a lesser sentence unless he violated the terms in which case he have to serve the total time. The defense said that the time since the crime shows his promise as an adult and that he’s changed for the better

In the past four years, Bailey said he has become a caregiver for his ill grandmother, takes his six-year-old sister to and from school, and has become the primary caregiver for his cousin, who was disabled and paralyzed in a drive-by shooting. He said he did all this while working full-time and supporting his family. 

“The person who stands before me is not the person who committed these acts.” Judge Arthur said before he began his sentencing. 

“I wish you the best of luck. You’ve raised the bar very high for yourself, but you can do it.” 

Stabbing Defendant Referred to Inpatient Program 

A stabbing defendant requested placement in an inpatient drug treatment program in front of DC Superior Court Judge Errol Arthur at a status hearing on Sept. 24.  He agreed to the request.

On Feb. 29, Tina Calhoun, 65, pleaded guilty to attempted assault with a dangerous weapon for her involvement in a stabbing incident that occurred on Nov. 7, 2023, on the 2300 block of 4th Street, NE. One individual sustained injuries during the incident. 

She was sentenced to a year of probation, with a 12-month incarceration sentence suspended on April 30. 

A bench warrant was issued after Calhoun’s failure to appear at a status hearing on Aug. 29. 

At a status hearing held on Sept. 17, Calhoun’s defense attorney Bryan Bookhard requested that Calhoun be put in an inpatient program. Judge Arthur ordered Calhoun detained and screened to see if she is a candidate for inpatient residential bed-to-bed intensive treatment for substance abuse and addiction.

The next hearing is scheduled for Oct. 1 to ensure she has been placed. 

Defendant Stabbed by His Victim Accepts Plea For Firearms Charges

Even though Michael Robinson was stabbed by the victim, he accepted a plea deal in a firearms case in a hearing before DC Superior Court Judge Jennifer Di Toro on Sept. 25.

Robinson, 25, was charged with assault with a dangerous weapon, threat to kidnap or injure a person while armed, carrying a pistol without license, possession of unregistered firearm, unlawful possession of ammunition, and civil protection order violation. The charges stem from his involvement in a stabbing incident on the 4500 block of Dix Street, NE on April 19, 2023. One individual sustained injuries.

According to court documents, a conflict escalated after Robinson and his girlfriend argued about a contaminated fish sandwich purchased at a McDonald’s. When the couple arrived home, tensions rose, leading Robinson to brandish a gun and threaten to kill the victim who was pregnant. In response, the victim stabbed Robinson in the hand according to court documents.

Madhuri Swarna, Robinson’s attorney, informed the court that his client accepted a plea deal. In return for pleading guilty to carrying a pistol without a license outside a home or business, the prosecution would waive bringing more serious charges.

Swarna also requested a modification of Robinson’s release conditions. Previously, he was prohibited from contacting the victim, unless through a third party, due to safety concerns. 

Swarna asked Judge Di Toro that Robinson be allowed to communicate directly with the victim solely for the purpose of coordinating child custody.

Prosecution countered, arguing for a suitable third party alternative based on safety concerns.

Judge Di Toro requested briefs from both parties before making a decision.

Parties are slated to reconvene Jan. 16.

Murder Suspect Wants Relaxed Release Terms

DC Superior Court Judge Maribeth Raffinan, at a Sept. 24 hearing, denied the defense’s oral request to give a defendant a curfew rather than restricting him to home and work. Instead, she told the defense to submit the motion in writing by the end of the week.

Dwayne Brooks, 26, the defendant in the August 25, 2022 murder of Juwaan Henry, 21, on the 800 block of 7th Street NW, is charged with first degree murder, attempted armed robbery, and possession of a firearm during an act of violence. Brooks has been on release under GPS monitoring since May 12, 2023, only permitted to leave home to go to and from work. 

Defense attorney, Megan Allburn, asked the court for Brooks to be given a curfew given that the defendant has maintained two jobs, recently acquired his own apartment, and received custody of his teenage sister. 

Judge Raffinan set a deadline for the prosecution’s arguments against the motion to be made in writing by Oct. 11. 

Parties are set to return to court Jan. 24. 

Trial Rescheduled Due to Evidence Contamination 

At a trial readiness hearing,DC Superior Court Judge Andrea L Hertzfeld decided on Sept. 24 to reschedule a non-fatal shooting defendant’s trial after firearm evidence was contaminated in the DNA testing process.

Deon L Jenkins, 46, is charged with carrying a pistol without a license and allegedly firing shots at a car on the 1800 block of M Street NE on June 5, 2023. 

The trial was originally scheduled to begin on Oct. 1. In addition to the contamination issue, the prosecution also said results from DNA testing would not be available until October. 

For the trial, the prosecution plans to bring in 22 witnesses, including three DNA analysts and three firearm experts.

Judge Hertzfeld rescheduled the trial for Oct .22 to ensure all parties and witnesses could be present, and the DNA results would be ready. 

Defense May Take Plea Deal in A Stabbing Case

On Sept. 24, a defendant indicated he is considering a plea deal for his alleged involvement in a robbery that turned into a stabbing.

Andre Joyner, 34, is charged with assault with a dangerous weapon for a stabbing on the 1900 block of D Street, SE which occurred on Aug. 3. One individual sustained injuries.

According to court documents, the victim was playing basketball when he was approached by Joyner. Joyner told the victim, “I am going to rob you,” and, “I’ll smack the s*** out of you and take all your s***,” before allegedly stabbing the victim with a knife.

Michael Madden, Joyner’s attorney, told DC Superior Court Judge Renee Raymond that there was significant negotiation with the prosecutor and they are expected to reach a deal soon, although details of the agreement were not disclosed.

Judge Raymond allowed the parties to continue to try and resolve the matter.

Parties are slated to reconvene Oct. 9.

Juvenile Accused in Metro Station Murder Declared ‘Incompetent’ to Stand Trial

DC Superior Court Judge Kendra Briggs declared that a juvenile murder suspect was currently “not competent to stand trial” in a brief hearing on Sept. 25.  The determination was based on a behavioral report from the Child Guidance Clinic, a part of the DC Court Social Services Division (CSS).

The 17-year-old boy is charged with second-degree murder while armed, assault with intent to kill while armed, two counts of assault with a dangerous weapon, endangerment with a firearm, carrying a pistol without a license, possession of an unregistered firearm, and possession of unregistered ammunition for his alleged involvement in the fatal shooting of 14-year-old Avion Evans on April 4.  

The incident occurred at the Brookland Metro Station on the 800 block of Monroe Street, NE.  

During Wednesday’s hearing a CSS representative said the suspect will be required to take a six-week program through the clinic to restore his mental competency so he can understand what’s happening in court and assist in his own defense. Until that time he can’t stand trial.  

According to the clinic’s website, they treat “an array of cognitive, emotional and interpersonal problems in both community and secure settings.”  Among the services are court ordered mental health evaluations.

Meanwhile, the teen is maintaining “the highest level of compliance” while he remains in the custody of the DC Department of Youth Rehabilitation Services (DYRS), according to the CSS representative. 

He said the competency classes are scheduled to begin next week and the clinic is to submit a final report to Judge Briggs.  

The competency hearing is set for Nov. 26

Stabbing Defendants’ Case Postponed to Consider Plea 

Four stabbing defendants were granted a continuance by DC Superior Court Judge Errol Arthur Sept. 24 so they could discuss a plea deal from the prosecution. 

Ndiaye Elhadji, 24, Dionte Anderson, 25, Tyrone Hawkins, 22, and Dion Lee, 24, are charged with assault with a dangerous weapon with a sharp object, unlawful possession of contraband in a penal institution, and carrying a dangerous weapon. According to court documents, the four suspects allegedly stabbed another inmate. A corrections officer, who tried to intervene, was also injured in the melee.

Hawkins defense attorney Todd Baldwin requested the postponement on behalf of all four parties, although details of the prosecution’s offer weren’t immediately available. He also questioned why a separation order was imposed among the suspects but the court had no immediate answer.

Hawkins is currently held at the DC jail and wants a transfer to the medium security Correctional Treatment Facility (CTF) where he can begin taking college courses. Baldwin told Judge Arthur that Hawkins has earned his high school diploma and is eager to continue his education.

Judge Arthur agreed to request a transfer. 

Elhadji’s defense attorney, Marnitta King, informed the judge that her client would like to travel to Liberia with his mother. Elhadji is the only one of the four defendants who is on release but must wear a GPS monitor.

“The request is understandable, but I can’t make that decision right now,” Judge Arthur said, noting that as a defendant, he is considered a flight risk. 

Parties slated to reconvene Nov 1.

‘I Had Never Felt So Panicked in My Life,’ Stabbing Defendant Testifies 

A stabbing suspect took the stand as the defense’s first witness in a trial before DC Superior Court Judge Robert Salerno on Sept. 23. 

Amadelia Hernandez, 34, is charged with assault with a deadly weapon for her alleged involvement in a stabbing incident that occurred on March 29 on the 400 block of Emerson Street, NW. One individual sustained injuries during the incident. 

Hernandez testified that the day before the stabbing, on March 28,  she called the police after the victim allegedly waved a knife at her stomach. She stated that she had previously called the police two other times, but at no point was the victim ever arrested. 

On the day of the stabbing, she was walking by the victim when he slapped her and allegedly hit her with a bottle. Later that night, she said she was in her boyfriend’s room, who was also a tenant at the residence on the 400 block of Emerson Street, NW. The victim began kicking on the door, and when she opened it she said he swung a knife towards her. 

“I just reacted to defend myself because he was going to kill me,” Hernandez told the jury. “I just tried to defend myself because he was going to kill me. I had never felt so panicked in my life, my body began to tremble, I didn’t know what to do, my mind was blank, I just reacted.”

The victim was present in court for cross examination from Damon Catacalos, Hernandez’s attorney. 

During cross-examinationfrom Damon Catacalos, the defense asked the victim about his drinking problem, which the victim denied.  However, he agreed he had been drinking “in an increasing fashion”. Catacalos then asked the victim if it was true that he told doctors he went on a five-day drinking binge, to which the victim replied that it could be true, but he could not remember.

The defense also argued that the victim had repeatedly made Hernandez feel uncomfortable while they were both tenants in the same house. Hernandez said the victim had slapped her once, shoved her several times during encounters, and tried to get into her room late at night–all of which the victim denied.

On redirect, the prosecution asked the victim if he was ashamed about his drinking habits. He responded, “Nobody’s perfect, are you perfect?”

The prosecution also called two Metropolitan Police Department (MPD) officers who responded to the scene of the crime. Both officers identified physical evidence, including a knife, a shirt, and a jacket, all of which contained the victim’s blood. 

The prosecution called the owner of the residence, where the stabbing took place, who was also present at the scene of the crime. 

He had previously told the police that he saw Hernandez allegedly stab the victim, but now testified that he could not recall making that statement and did not actually see the incident.

Under cross examination, the witness said the victim has a drinking problem although he could not say exactly how many drinks the victim would consume on an average day. 

Catacalos argued that the victim’s testimony was “incoherent, contradictory and nonsensical,” claiming that the victim was possibly intoxicated in court. The victim repeatedly responded “I don’t know”, “I can’t remember” and “that could be true” to Catacalos’s questioning. 

Considering the prosecution’s case relies on the victim’s testimony, Catacalos filed a motion for acquittal.

Judge Salerno denied the motion, saying the victim was stabbed by someone and DNA evidence strongly suggests Hernandez’s hand is at the end of the knife. 

Parties are slated to reconvene on Sep. 24.

Judge Grants Defendant’s Request to Remove GPS Monitor

DC Superior Court Judge Robert Salerno granted Sebastian Fonseca-Gomez’s modification request to remove his GPS monitor while released during a Sept. 23 hearing.

Fonseca-Gomez, 26, is charged with assault with a dangerous weapon after allegedly stabbing a victim at the intersection of 7th Street and A Street, NE on May 15. According to court documents, the victim had three stab wounds and described the attack weapon as being identical to a folding knife that Fonseca-Gomez allegedly surrendered to police.

According to court documents, Fonseca-Gomez followed the victim on his bike while she was walking a dog. After following the victim for a few blocks and taunting her, he allegedly pepper sprayed the victim and stabbed her in the buttocks area.   

During the hearing, Fonseca-Gomez’s defense attorney John Machado requested GPS tracking be removed as a condition of his release. Judge Salerno granted this request and confirmed that a stay away order remains in place. 

Parties are set to return Oct. 24. 

Defendant ‘Want[s] Another Opinion’ For Plea Offer And A New Attorney 

A shooting defendant told DC Superior Court Judge Michael O’Keefe he wanted a new attorney to give him a second opinion about a plea offer extended by prosecutors on Sept. 24. 

Israel Beairs, 40, is charged with assault with intent to kill while armed for his alleged involvement in a non-fatal shooting that occurred on June 4 on the 1800 block of West Virginia Avenue, NE. An adult female sustained life-threatening injuries during the incident. 

During the hearing, the prosecution alerted Judge O’Keefe that they had extended a plea deal, which would resolve three of Beairs’ outstanding cases. 

According to the prosecution, the offer required Beairs to plead guilty to aggravated assault while armed for his involvement in this shooting incident, assault with a dangerous weapon and unlawful possession of a firearm by a convict in connection to two other gun offenses. 

Through the deal, the prosecutor said, they’d agree to not seek an indictment on any of the cases, and would not seek charges in an uncharged shooting incident from April, which also involved the current victim.

When Judge O’Keefe asked Beairs if he was rejecting the plea deal, he said “I want another opinion,” and requested Courtney Vaughan be dismissed as his counsel. 

Judge O’Keefe granted the request, and the prosecution agreed to leave the offer available until the next hearing. 

Parties are slated to reconvene Oct. 9. 

Stabbing Defendant Competent, Pleads Not Guilty

DC Superior Court Judge Judith Pipe ruled a stabbing defendant competent to stand trial, and the defendant pleaded not guilty during an arraignment on Sept. 23.

Izat Petway, 33, is charged with robbery while armed, assault with intent to commit robbery while armed, assault with significant bodily injury while armed, second-degree theft, and GPS tampering (failure to charge), for his alleged role in a stabbing incident that transpired on April 21, on the 1400 block of 9th Street, NW. The incident left one person injured.

During the hearing, Judge Pipe ruled Petway competent to stand trial, in accordance with a report received from the Department of Behavioral Health (DBH).

Petway’s attorney, Kevin Patrick O’Sullivan, announced that his client is pleading not guilty to all charges. Furthermore, he announced that Petway is asserting his constitutional rights, including a speedy trial.

Parties are scheduled to appear in court on Oct. 21.

Closing Arguments Clash Over Motive for Non-Fatal Shooting

Adrian Lee‘s defense attorney, Albert Amissah, said Lee fired a gun in reasonable fear for his life. Meanwhile, the prosecution said he used unjustified deadly force in a verbal altercation. The exchange came during closing arguments before DC Superior Court Judge Rainey Brandt on Sept. 23.

Lee, 49, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, assault with significant bodily injury while armed, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict. The charges stem from his alleged involvement in a non-fatal shooting incident on April 18, 2023, on the 700 block of Gresham Place, NW, that left one person injured.

Parties agreed Lee’s wife got in a car accident with the victim and his fiancée, and called Lee to bring his auto insurance card. They agreed Lee’s wife drove away and Lee ran away from the crash scene while the victim and his fiancée still had Lee’s insurance card which turned out to be expired.

According to the prosecutor, the victim and his fiancée accidentally came upon Lee twice more and tried to return his insurance card. The first time was moments after Lee allegedly ran from the scene of the accident, and the second time was after the victim and his fiancée asked a police officer how to report a hit-and-run accident.

“They were told to go back to the scene, and that’s what they did,” said the prosecutor. “If they were trying to pursue vigilante street justice, why would they ask the police what to do?”

The prosecutor’s argument was based on the victim’s and his fiancée’s limited information about DC as they randomly met up with Lee.

“Why didn’t they just use that fancy GPS in their Tesla?” Amissah asked.

He said although the victim and his fiancée testified they were trying to return to the scene of the accident after speaking to police, they had to pass the scene of the accident to meet up with Lee the second time.

“The officer told them, ‘Go back to the scene and call 911.’ They didn’t do that,” Amissah argued, “They weren’t trying to go home. They weren’t trying to get to the scene of the accident. They were looking for him [Lee].”

Amissah said the accident caused minimal damage, and the victim and his fiancée had no reason to return Lee’s insurance card. 

“The fact of following Lee around for three or four blocks with an expired insurance card is threatening in itself,” Amissah said.

“The bottom line is, do you believe that [the victim and his fiancée] had a gun?” the prosecutor told the jury during closing arguments. “There is no evidence that [they] had a gun.”

“It doesn’t matter whether he thought [the victim] had a gun. That’s not the law,” Amissah said. “It’s whether Mr. Lee feared for his life.”

“He brought a gun to a verbal argument, and that is not reasonable,” the prosecutor countered. “The defendant used deadly force. He decided to shoot someone. And the standard under our law for using deadly force, thankfully, is not that you’re a little bit alarmed.”

“We’ve got two stories,” the prosecutor told the jury regarding Lee’s testimony.

Lee said he wasn’t the shooter when he was interviewed by a Metropolitan Police Department (MPD) detective shortly after his arrest, the prosecutor noted, displaying the cover art of Shaggy’s 2000 hit single “It Wasn’t Me” for the jury.

“I could go through this s*** and fight this s***, but I didn’t shoot nobody,” Lee said in surveillance video footage of his interview that the prosecutor played.

“If I was the shooter, wouldn’t I be screaming self-defense?” Lee said to the detective. When asked if he felt threatened at all, he replied, “Not enough to shoot somebody. F*** no.”

“The defendant already told you what he would do when he came up here: he would scream self-defense,” the prosecutor said. She told the jury not to be fooled into buying Lee’s argument.

The prosecutor said the jury should take Lee at his word that he didn’t feel threatened by the victims.

“Self-defense is a complete defense to the charges,” Judge Brandt instructed the jury, “if Adrian Lee actually believed he was in imminent danger of death or serious bodily harm and that belief was reasonable.”

“He may not use any greater force than he actually and reasonably believes to be necessary,” Judge Brandt continued.

Parties will reconvene when the jury reaches a verdict.