Judge Grants Shooting Defendant’s Release

DC Superior Court Judge Jennifer Di Toro granted a non-fatal shooting defendant’s request for release on Oct. 15.

Cornell Smith, 22, is charged with aggravated assault knowingly while armed and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting. The incident occurred on the 2200 block of Minnesota Avenue, SE, on Aug. 16. One individual sustained injuries.

During the hearing Smith’s attorney, Sean McCliggott, made arguments for Smith’s release from custody. McCliggott noted that Smith’s clothing was different from that of the shooter’s as seen in CCTV footage.

He also argued that mere presence at the scene is not enough to hold Smith who he insisted is not one of the shooters.

Prosecutors argued that there were three people in the suspect vehicle and an hour passed between the time of the offense and when they were stopped. They stated a lot can happen in an hour. Prosecutors also noted that the CCTV footage is grainy and hard to see.

McCliggott claimed that when Smith was stopped by police he was compliant and wearing the same attire he had been the whole day and not facing 15 years for something he didn’t do.

The prosecution also brought up Smith’s criminal history as a reason for Smith to remain held. McCliggott stated that he doesn’t deny that Smith made mistakes as a young man, but that doesn’t mean he committed this crime.

Taking the arguments into consideration, Judge Di Toro ordered that Smith be released to 24 hour home confinement.

Parties are slated to reconvene on Oct. 21.

Mutual Friend of Homicide Defendant, Victim Discusses Neighborhood Rivalries

A witness, identified as both a friend of the victim’s and the defendant’s, testified about an ongoing feud between rival neighborhoods that may have inspired a murder and a series of shootings before DC Superior Court Judge Rainey Brandt on Oct. 16.

Reginald Steele, 26, is charged with first-degree murder while armed, conspiracy, ten counts of assault with intent to kill while armed, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, two counts of tampering with physical evidence, and five counts of possession of an unregistered firearm for allegedly fatally shooting Malachi Lukes ,13, with co defendants Aaron Brown, Tyiion Freeman, and Koran Jackson on March 1, 2020 on the 600 block of S Street, NW.

Steele is also facing charges for his alleged involvement in nonfatal shootings on March 1, 2020 at the unit block of Channing Street, NE, and a non-fatal shooting on Feb. 22, 2020 at the 700 block of Farragut Street, NW. Steele also faces charges for his alleged involvement in a non-fatal shooting on Feb. 24, 2020, on the 1700 block of Ninth Street NW. During this incident, three individuals were injured.

Prosecutors called a witness, who identified herself as Lukes’ and Steele’s friend. She testified that, on the day of the incident, Steele and Jackson dropped her off at home in a white Kia Soul. According to the witness, once she was inside, she heard shots fired.

Prosecutors have repeatedly identified a rented Kia Soul as the suspect vehicle in the shootings.

The witness included Steele, Jackson, and Lukes, among her friends and that she met the defendants and the victim through her child’s father. Additionally, she stated that all three of her friends were from rival neighborhoods and couldn’t hang out with each other because of an ongoing feud that began after the murder of Tahlil Byrd, 19. Byrd, a rapper who was known by the disputed title as the “North West Goon,” was shot on September 19, 2019 on the 600 block of S Street, NW.

Prosecutors recalled the senior officer responding to the scene on Feb. 22, who testified about maps and video footage that he compiled as part of his investigation. During his testimony, prosecutors played footage showing the suspect’s vehicle driving up to 7th Place, NW, stopping with hazard lights on, occupants exiting the vehicle and walking to Farragut Street, NW. The video cut to a popping sound and the occupants were seen running back to the car and driving away.

During cross examination, defense counsel Megan Allburn clarified that the geographic representations of the car’s route during the video were taken from witness accounts and video, not GPS tracking of the suspect’s car.

In rebuttal, the prosecution called a detective who identified Steele in body-worn camera footage and several music videos. On cross examination, Allburn pointed out, and the witness confirmed, the firearm that Steele was holding in the music video he didn’t fire the gun, and it is unclear if it was a real or prop gun.

The parties are slated to reconvene on Oct. 29.

Judge Allows Stabbing Defendant a Brief Release

DC Superior Court Judge Robert Salerno heard arguments for a stabbing defendant’s brief release request on Oct. 22.

Rhonda Fleming, 58, is charged with assault with a dangerous weapon for her alleged involvement in an incident that occurred on Oct. 2 on the 1500 block of Benning Rd, NE, which left one person injured.

Fleming appeared before Judge Salerno on Oct. 20 and requested release to attend to family matters. She had a bench warrant issued on Oct. 21 after she reported to the wrong courtroom – Judge Salerno quashed the warrant based on arguments from Fleming’s defense attorney, Howard McEachern.

Though Fleming was initially going to turn herself in, she asked to confer with McEachern before US Marshals escorted her to the jail. Judge Salerno permitted the conversation to take place outside the courtroom.

The case was recalled after Fleming requested an additional extension to allow her to complete paperwork for rental, food assistance and utility assistance with Preventive Measures, a community-based mental health program. She brought the documents to the court and presented them to Judge Salerno.

The prosecution opposed Fleming’s second release, citing her previous criminal record.

Judge Salerno noted these incidents were old and tied to mental health issues that have been addressed. He ultimately granted Fleming another release until Oct. 27, under the condition she completes orientation with the Pretrial Services Agency (PSA) and returns without further issues.

The defendant also brought forth a potential witness who had not been previously questioned by police.

After speaking with both parties in private, Judge Salerno found the new witness issue “premature” given that the defense had only just met him and the prosecution would need sufficient time to respond to this matter.

Parties are slated to reconvene on Oct. 27.

Stabbing Defendant Acquitted of Assault with Intent to Kill

A jury in DC Superior Court Judge Todd Edelman‘s courtroom partially convicted a stabbing defendant on Oct. 15.

Maurice Felder, 54, was charged with assault with intent to kill while armed, assault with a dangerous weapon, assault with significant bodily injury while armed, and possession of a prohibited weapon for his involvement in a stabbing on Nov. 10, 2024, at the 1900 block of 7th Street, NW.

Prior to the trial, prosecutors dismissed an aggravated assault while armed charge. The jury acquitted Felder of assault with intent to kill while armed.

He was convicted of assault with significant bodily injury while armed, assault with a dangerous weapon, and possession of a prohibited weapon.

Sentencing is scheduled for Dec. 12.

Stabbing and Armed Robbery Defendant Accepts Plea Deal

A stabbing and armed robbery defendant accepted a plea deal before DC Superior Court Jennifer Di Toro on Oct. 2.

Kevin Allen, 37, was originally charged with assault with a dangerous weapon and robbery while armed for his alleged involvement in a robbery that led to the stabbing of an individual on the 1500 block of Benning Road, NE on July. 18, 2023.

While on release, Allen was arrested and charged with assault with a dangerous weapon for his alleged involvement in a stabbing that left an individual with multiple injuries in the neck and shoulder area on the 800 block of Bladensburg Road, NE, on April 9.

During the hearing, Janai C. Reed, Allen’s attorney, alerted Judge Di Toro that Allen planned 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 for the April incident, and dropping charges for his alleged involvement in the 2023 incident.

The maximum sentence for assault with a dangerous weapon is 10 years of imprisonment and/or $25,000 fine.

The prosecutor stated that their evidence would’ve proven beyond a reasonable doubt that officers responded to a report of a stabbing in progress. Once on location, they discovered an individual bleeding from multiple stab wounds. According to the proffer of fact, officers recovered a flip knife from Allen, with blood smearing.

Reed requested Allen be released from custody pending his sentencing hearing on the basis that he was connected with mental health services in his community and seemed to have improvements in his temperament.

Judge Di Toro denied this request due to the violent nature of the crime, Allen’s history of violating release orders, and because the stabbing happened while he was on release for his alleged involvement in another stabbing and robbery.

The parties are slated to reconvene for sentencing on Dec. 3.

DC Jail Staffing Shortage Keeps Co-Defendant from Plea Hearing

A staffing shortage at the DC Jail kept a shooting co-defendant from appearing in court to accept or reject a plea deal before DC Superior Court Judge Jason Park on Oct. 16.

Charles Turner, 38, and Kharee Jackson, 32, are charged with conspiracy, eight counts of assault with intent to kill while armed, three counts of aggravated assault knowingly while armed, unarmed carjacking, nine counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, unlawful possession of ammunition, carrying a rifle or shotgun outside a home or place of business, second-degree burglary, two counts of carrying a pistol without a license outside a home or business, and possession of an unregistered firearm.

The charges stem from their alleged involvement in a non-fatal shooting that occurred on Aug. 24, 2022, on the unit block of Quincy Place, NE, that injured three people.

Jackson was not present in court. He was among approximately 40 defendants who could not be transported to the courthouse by 10:30 a.m. due to insufficient staffing.

As a result, defense attorney Sara Kopecki formally waived Jackson’s presence for the hearing. The court acknowledged the logistical issue and proceeded without him.

Kopecki also addressed matters related to the ongoing plea negotiations. She said the prosecution was willing to offer an extension on the plea deal deadline, but only if the defense agreed to move a previously scheduled motion hearing.

Despite this potential extension, Turner’s defense attorney made it clear that Turner had already made a decision and intended to reject the plea offer.

The plea offer involved pleading guilty to two counts of assault with intent to kill while armed in exchange for the prosecution dismissing all other charges. The proposed sentencing range was between 21-and-36 years.

Parties are slated to reconvene Oct. 23.

Federal Government Shutdown Delays DNA Testing in Murder Case

Defense counsel for a murder defendant said DNA testing will be delayed due to funding issues amid the federal government shutdown before DC Superior Court Judge Neal Kravitz on Oct. 10.

Morris Jones, 41, is charged with conspiracy, first-degree murder, six counts of possession of a firearm during a crime of violence, five counts of assault with intent to kill while armed, four counts of unlawful possession of a firearm and destruction of property. His charges stem from his alleged involvement in the fatal shooting of Tiffany Wiggins, 38, which occurred on the 3800 block of Minnesota Avenue, NE, on April 17, 2022.

Jones’ trial is set for March 2026, but parties are concerned about being ready due to delays with DNA testing.

The prosecution said they are still waiting for ballistics evidence to be tested but will send the materials to the defense once funding issues are resolved.

Defense attorney Mani Golzari voiced similar concerns, saying that with the government shutdown, it is “much more cumbersome to get the funding” to get testing done.

He said that some labs are willing to be paid later for holding the evidence, but whether or not they will actually test the materials without immediate payment is more complicated.

Parties agreed to wait for another week, hoping that the shutdown will be over so funding for testing can resume.

Parties are set to reconvene on Nov. 14.

Delay in Mental Eval Leads to Argument Between Prosecution and Judge

DC Superior Court Judge Michael Ryan and a prosecutor got into a heated exchange Oct. 15 over allowing a defense attorney additional time to get a mental evaluation done.

Isaiah Trotman, 34, is charged with first-degree murder while armed, 27 counts of possession of a firearm during a crime of violence, 13 counts of assault with a dangerous weapon, and 13 counts of kidnapping while armed.

The charges stem from his alleged involvement in a mass shooting at the Potomac Avenue Metro Station, located on the 1400 block of Potomac Avenue, SE on Feb. 1, 2023. The shooting fatally injured 64-year-old Robert Cunningham, and left three others with life-threatening injuries.

Before the hearing, the defense’s mental evaluation expert requested a 60-day extension for the mental evaluation on Trotman. The original due date for the report was Oct. 24. A prior 60-day extension was granted with no opposition from the prosecution.

The prosecution opposed the second extension, arguing that, if the report was sent late, they would not have time to review the evidence before the trial, which is slated to begin Jan. 12, 2026.

The prosecution pushed to have the report by the end of the day on Oct. 15.

Judge Ryan noted that the reason the defense had not yet submitted a notice of their expert witness was that, depending on the report of the mental exam, the defense would not need to bring the witness to trial to testify and would rely only on the report.

Judge Ryan instructed the prosecution to file a motion for what they felt they were missing.

However, the prosecution believed that a motion would not get them what they wanted quickly enough. The prosecution and Judge Ryan argued back and forth about filing a motion and spoke over each other repeatedly.

Judge Ryan agreed that the report was taking a long time, and gave the expert a deadline of Nov. 24 for their report and the defense a deadline of Dec. 5 for their response to the report.

Judge Ryan did not grant the prosecution anything, but assured that they could file a motion to get what they needed.

The trial is still scheduled for Jan. 12.

Parties are slated to reconvene Dec. 1.

Judge Denies Release for Non-Fatal Stabbing Defendant

DC Superior Court Judge Neal Kravitz denied release for a non-fatal stabbing defendant who waived his right to a preliminary hearing on Oct. 10.

Randy Brown, 33, is charged with assault with intent to kill while armed for his alleged involvement in a stabbing that occurred on Aug. 13 on the 1100 block of 7th Street, NW. One individual sustained injuries to the neck during the incident.

Brown’s defense attorney, Nicole McClain Walton, alerted the court of his intent to waive his right to a preliminary hearing, arguing for Brown to be released pre-trial.

Walton said the victim did not identify Brown as the suspect.

The added that he is a lifelong DC resident and has support from his partner and sister, who were present at the hearing.

Walton also said that Brown successfully completed home confinement in 2021 for an unrelated case.

However, she explained that he has previously been unsuccessful in complying with the terms of his supervised release. Walton said Brown was the victim of a stabbing, which made it difficult for him to comply with the terms.

The prosecution argued that there is CCTV footage of the stabbing that shows Brown and the victim getting in a “scuffle,” followed by the stabbing. The prosecution said a family member identified Brown from the video.

According to the prosecution, Brown also has an extensive history of contempt, failing to appear in court and prison breach.

Judge Kravitz denied the motion to release Brown because of his record, saying he could be a danger to the community if released. He also said that while the victim did not identify Brown, there was enough evidence otherwise to believe Brown could be a danger.

Parties are set to reconvene on Nov. 21.

Judge Releases Non-Fatal Shooting Defendant Pretrial

DC Superior Court Judge Neal Kravitz granted release for a woman charged in connection to a non-fatal shooting after finding there is insufficient evidence to support incarceration on Oct. 10.

Meyona Rorie, 25, is charged with assault with intent to kill while armed and aggravated assault while armed for her alleged involvement in a non-fatal shooting on Aug. 20, on the 3600 block of Ames Street, NE.

She is not accused of pulling the trigger, however the prosecution alleged Rorie told an unidentified person to shoot the victim. One person sustained a gunshot wound to the arm.

According to court records, defense attorney Michael Lawlor filed a motion for pretrial release. He argued that only one person – the victim – identified Rorie as the person who pointed out the victim to the shooter prior to the incident.

Lawlor also told Judge Kravitz that, after their own investigation, they do not believe the person in surveillance footage is Rorie.

“That doesn’t mean anything to me,” Judge Kravitz said.

Lawlor further argued that Rorie had been in an altercation with the victim’s sister, saying that animosity could be a motive for false identification.

The prosecution argued that, while only one person identified Rorie, it was the victim, who had encountered her several times.

Judge Kravitz said that, while Rorie is accused of encouraging the shooting, she was not the actual shooter, which he gave great weight. He also said that the strength of evidence is hard to assess.

“I think this is a close case,” Judge Kravitz said. “We just have the word of a single witness.”

Judge Kravitz ruled to release Rorie into home confinement due to her lack of a criminal record. He said he thinks she will abide by conditions of release and would not be a danger to the community.

Rorie’s children and mother will live with her during release and she will be on GPS monitoring.

Parties are set to reconvene on Nov. 14.

Jail Stabbing Defendant Accepts Plea Deal

A stabbing defendant accepted a plea deal before DC Superior Court Judge Todd Edelman on Oct. 3.

Keimontay Holston, 22, was originally charged with assault with intent to kill while armed and first-degree burglary while armed for his involvement in a stabbing that took place at the DC Jail on the 1900 block of D Street SE, on Jan. 2.

During the hearing, Holston’s attorney, Camille Wagner, alerted Judge Edelman of his intent to accept a deal, which required him to plead guilty to assault with a dangerous weapon in exchange for dismissal of other charges.

Through the deal, the prosecution agreed to limit their sentencing request to the midpoint of the sentencing guidelines. The maximum sentence for assault with a dangerous weapon is 10 years.

Following his plea, the prosecution said they could have proven without reasonable doubt that Holston used a shank to stab one of his cellmates.

According to court documents, Holston was caught on prison surveillance entering the victim’s cell as the door opened. He was identified as the person repeatedly stabbing the victim as two other individuals excited the cell. Afterwards, Holston fled the cell, and took his shirt off before being chased by corrections officers.

According to court documents, Holston had previously rejected three plea deals from the prosecution.

Wagner requested that Holston undergo an evaluation to see if he would be eligible to be sentenced under the Youth Rehabilitation Act (YRA), which allows a young defendant’s conviction to be sealed if they successfully complete all sentencing requirements.

Judge Edelman ordered a study be done for Holston.

Parties will reconvene for sentencing on Dec. 12.

——————————————————————————————————–Luci Garza

Judge Wishes Grieving Family Good Luck Following Defendant’s Sentencing

An apologetic homicide defendant received a suspended sentence from DC Superior Court Judge Rainey Brandt on Oct. 15.

Franklin Dorn, 45, was originally charged with second-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction for his alleged involvement in the fatal shooting of his 28-year-old nephew, Antonio Brown, on the 1200 block of North Capitol Street, NW, on Aug. 6, 2023.

On Aug. 11, a jury acquitted him of all charges, except unlawful possession of a firearm with a prior conviction.

The prosecution, who was more than half an hour late to the hearing, argued for the maximum sentence of 32 months.

He argued that Dorn had only been home for a few days for this prior conviction when the incident occurred and that Dorn was well aware he could not possess a firearm.

Kevin Irving, Dorn’s attorney, argued that Dorn had acted in self-defense, as the jury had found. He said the defendant would succeed on probation. According to Irving, Dorn is looking for employment and physical therapy, and he has an interview scheduled to get housing.

“I’m just sorry for that,” Dorn said, apologizing for his actions. “I’m here today, and that’s all.”

Judge Brandt spoke directly to Brown’s mother, who was present in the courtroom. “I can also imagine the weight that’s been lifted off your shoulders knowing the jury found your brother not guilty.”

The mother had written two statements that had been submitted as part of the defense’s sentencing memorandum. It is unclear what is in these statements because they were not shared in open court.

Judge Brandt sentenced Dorn to 32 months, all suspended. She also suspended the three years of supervised release and gave him one year on probation.

“Go. Live your life,” Judge Brandt said to Dorn and his sister, wishing them good luck.

No further dates were set.

Judge Chides Prosecutor For Testing Delays

DC Superior Court Judge Judith Pipe reprimanded a prosecutor on Oct. 14 for delays in DNA testing during a shooting case.

Malik Stone, 28, is charged with assault with a dangerous weapon, possession of a firearm during crime of violence, and two counts of unlawful possession of a firearm for his alleged involvement in a shooting that occurred July 30 on the 2100 block of R Street, SE.

The prosecutor had reached out to the Department of Forensic Sciences (DFS) to set a date when the DNA testing would be complete. He told the court during the hearing that the latest was at the end of January and asked for a new trial date in early February. The trial is scheduled to begin Dec. 3.

Stone’s defense attorney, Henry Druschel, opposed moving the date. He argued that even though the prosecution had not originally known if they were going to do DNA testing, they had plenty of time to begin testing. He argued that half of the speedy trial clock had passed by the time testing was requested.

Druschel asked the judge to either deny a new trial date or release Stone until his trial begins if the date is moved.

The testing includes two firearms and their magazines recovered on the day of the arrest and two mouth l swabs taken from the defendant and his brother. Judge Pipe told the prosecution that he should have done testing much sooner.

When the prosecutor explained that the delay was caused by his participation in anothe trial, Judge Pipe acknowledged the conflict. However, she said, “But you’re also the U.S. Attorney’s Office (USAO), and there need to be failsafes in place” in order to manage his other cases.

In response, the prosecution said that he faced multiple levels of approval to get expedited testing. Still, Judge Pipe told him that he needed to work around that in that issue and that currently his actions aren’t in good faith.

She denied the request to move the trial date and told the prosecution to expedite the testing or see if the USAO would object to releasing Stone until the trial.

Parties are slated to reconvene Oct. 21.

Judge Denies Carjacking Defendant’s Request for Release Despite Partial Acquittal

A carjacking defendant’s request for release was denied by DC Superior Court Judge Michael Ryan on Oct. 15.

Jerrell Smith, 33, is charged with three counts of armed carjacking for his alleged involvement in a carjacking incident at the intersection of South Capitol Street and Martin Luther King Jr. Avenue, SE, on June 7, 2023. One individual suffered a stab wound.

Smith was previously charged with assault with intent to kill, aggravated assault knowingly while armed, and carrying a dangerous weapon outside home or place of business, for his alleged involvement in the stabbing.

The assault with intent to kill charge was dropped shortly before trial, and he was acquitted of the rest. Despite the acquittal, Smith is still being held for the carjacking charges.

Hannah Claudio, Smith’s defense attorney, filed a motion to release Smith. During the hearing, Claudio argued that the armed carjacking charges aren’t as severe as the other charges, and that there are conditions that could be set to safely release Smith.

The prosecution made no arguments on the safety of Smith’s release.

Judge Ryan denied the request.

Parties are slated to reconvene Oct. 24.

Repeat Homicide Offender Accepts Plea Deal

A repeat homicide offender accepted a plea deal before DC Superior Court Judge Neal Kravitz on Oct. 17.

Mussay Rezene, 32, was originally charged with first-degree murder while armed for his involvement in the fatal stabbing of 34-year-old Darrow Johnson on Aug. 17, 2023 at the Central Treatment Facility (CTF) of the DC Jail located on the 1900 block of E Street, SE. Johnson succumbed to his injuries on Aug. 19, 2023.

During the hearing, Camille Wagner, Rezene’s attorney, alerted the court of his intent to accept a plea deal extended by prosecutors. According to Wagner, the deal required Rezene to plead guilty to second-degree murder while armed in exchange for a dismissal of all other charges.

Through the deal, parties agreed to a sentencing range of 15-to-20 years of imprisonment.

According to the prosecution, had the case gone to trial, the prosecution would have proven beyond a reasonable doubt that on Aug. 17, 2023, Rezene repeatedly stabbed Johnson as they walked into a physical therapy room at the CTF. The incident was caught on surveillance footage, and Rezene hid the “home-made” shank that was used.

The prosecution claimed that Rezene attempted to flush the shank down a toilet, but officers were able to recover it and immediately detained Rezene for the attack.

Parties agreed that the sentence for this matter will run consecutively to all other sentences that Rezene faces or has received, including a 45-year sentence in connection to 17-year-old Brayan Villatoro’s murder on Sept. 18, 2021, and an upcoming sentence for his involvement in a Sept. 4, 2021 deadly mass shooting that killed 31-year-old Donnetta Dyson, 24-year-old Keenan Braxton, and 37-year-old Johnny Joyner, and injured three others.

According to the parties, Rezene also faces a federal case for gun trafficking.

Parties are slated to reconvene for sentencing on Oct. 30.

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