Search Icon Search site

Search

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.

Stabbing Defendant’s Release For Treatment Approved

DC Superior Court Judge Errol Arthur approved the release of a stabbing defendant so she could receive bed-to-bed substance treatment during a hearing on Sept. 23. 

Helen Harris, 53, is charged with assault with a dangerous weapon for her alleged involvement in an incident that occurred on the 1500 block of F Street, NW, on Aug. 8.  The victim claimed that Harris had been drinking, started violently hitting her, then allegedly stabbed her leaving a large cut over her left eyebrow.

Susan Ellis, Harris’ attorney, presented to the court letters written on behalf of the defendant from her current healthcare program, as well as a certificate stating that she’d completed the first phase of care at a community treatment facility.

The prosecution opposed the release, saying that the defendant hasn’t experienced a significant change in her circumstances has multiple bench warrants, as well as other pending cases and convictions, includin assault with a deadly weapon.

Ellis argued that the defendant is highly motivated to participate in outside treatment, and would be compliant following release. 

Judge Arthur approved the motion, stating that if the defendant walked away from her placement he would issue a bench warrant. Judge Arthur also issued a stay away order for the 1500 block of F Street, NE. 

Parties are slated to reconvene Oct. 8.

Prosecution Calls Defendant’s Testimony, ‘Just Unbelievable,’ in Sex Worker Shooting

The defense and prosecution gave closing statements in the shooting of a transgender sex worker before a jury in DC Superior Judge Errol Arthur’s court on Sept. 23. 

Jerry Tyree, 46, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, two counts unlawful possession of a firearm, unlawful possession of liquid PCP and attempted unlawful possession of liquid PCP for his alleged involvement in a shooting that occurred on the 5900 block of Foote Street, NE on Nov. 29, 2023. A transgender woman sustained injuries to her groin and genitals as a result of the incident resulting from a sex transaction that turned into a shooting.

During the prosecution’s closing statement, the prosecutor brought up multiple reasons why the defendant’s testimony was “just unbelievable,” including that it only came after he had seen all the evidence against him, that it didn’t match testimony from the victim, as well as a witness and video surveillance footage. 

The prosecution also mentioned that tool marks found on a bullet, which was recovered from the victim, were very likely like the patterns found on test shots made from the gun the defendant was allegedly carrying at the time of his arrest. 

During the defense’s closing statements, Sara Kopecki, Tyree’s attorney, countered that there is “no doubt about it” when it comes to inconsistencies in the defendant’s testimony, saying the fact that his testimony diverges from surveillance video footage speaks to his credibility as a witness. 

Kopecki said the gun more likely to belonged to the victim, due to the dangers of her being a sex worker. Kopecki also said that the victim’s story about where the gun came from did not add up. She questioned why the victim would say the gun came from the defendant’s back pocket even though he had a backpack and jacket with him at the time of the incident. 

There are multiple reasons why the gun didn’t belonged to the victim, the prosecutor rebutted.

“Forgive her for not knowing which pocket the gun that shot her came out of,” the prosecution said regarding the victim’s inconsistent statements about the location of the gun.

The trial is slated to reconvene Sept. 24. 

Defendant in Kidnapping and Carjacking Case Pleads Not Guilty

A carjacking and kidnapping defendant pleaded not guilty to seven charges during a hearing Sept. 23. 

Winston Timoteo, 26, is charged with armed carjacking, kidnapping while armed, three counts possession of a firearm during a crime of violence, assault with attempt to commit robbery while armed and first-degree theft for his alleged involvement in an incident that occurred on the 100 block of 6th Street, NE on Dec. 26. 

According to court documents, Timoteo was pulled over for driving in the wrong direction on a one-way road. A carjacking victim later told police that an individual, later said a person identified as Timoteo, had stolen his car. He also alleged that the defendant had a gun and that he allegedly fled on foot after being approached by an officer. 

Terrence Austin, Timoteo’s attorney, requested an additional week to continue conferring with a DNA expert. DC Superior Court Judge Errol Arthur approved the request. 

Prosecution requested that the defendant be subject to a grand jury and a personal protective order, which Judge Arthur also approved. 

Parties are slated to reconvene Oct. 8.

Homicide Defendant Asks to Represent Himself

After being found competent to stand trial on July 19, a stabbing defendant requested on Sept. 24 that DC Superior Court Judge Marisa Demeo let him defend himself in court.

Matthew Walker, 25, is charged with first-degree murder while armed for allegedly stabbing 23-year-old Jamal Green-Lee on the 100 block of Michigan Avenue, NE on April 29, 2019. Green-Lee died on Nov. 4, 2020, due to his injuries.

Walker was also found guilty in a non-jury trial of first-degree murder while armed, assault with intent to kill, and possession of a firearm during a crime of violence among other charges for his involvement in the fatal shooting of David Remen, 32, on Feb. 14, 2019, on the 1700 block Hamlin Street, NE. One other individual sustained severe injuries in the attack. 

Stephen Lofergo, Walker’s attorney, said he and his client had the opportunity to review a report filed by the DC Department of Behavioral Health and had no objections to it. He said Walker wanted to resolve this matter without going to trial and wished to represent himself in future proceedings with Lofergo as his advisor. 

Judge Demeo said she will need to discuss Walker’s rights including waiving his right to an attorney.

Parties are scheduled to reconvene on Oct. 4.

Defendant Stabbed in a Fight Accepts Plea Deal

A defendant accepted a plea agreement extended by prosecutors in connection to a fight and a stabbing in a hearing on Sept. 23 before DC Superior Court Judge Heidi Pasichow.

Steven Spencer, 28, was originally charged with assault with a dangerous weapon for his involvement in a stabbing on July 7, at the intersection of E and 8th Street, SE.

According to court documents, Spencer and another individual were on the X2 bus when Spencer went to the back and yelled at the victim for sitting in his seat.

According to the prosecutor, the victim produced a folding knife and stabbed the Spencer three times in the abdomen. Then after an ensuing argument Spencer got off the bus and allegedly hit the victim in the head with a wine bottle.

Spencer sustained injuries to his abdomen, and the victim suffered a head laceration that later developed into a brain bleed, according to the prosecution.

At the hearing, Jamison Koehler, Spencer’s attorney, alerted the court of his intent to accept a deal, which required him to plead guilty to attempted assault with a dangerous weapon in exchange for the prosecution not filing greater charges.

Additionally, Koehler filed a motion for Spencer’s release, stating that he accepted “responsibility for an offense for which he was the initial victim,” and argued he does not pose a risk of flight danger to the community.

Judge Pasichow denied the request.

Parties slated to reconvene on Nov. 15.

Judge Revokes Probation for Shooting Defendant

DC Superior Court Judge Anthony Epstein revoked a shooting defendant’s probation on Sept. 18, following his failure to appear at a Sept. 6 hearing and multiple probation violations.  

Davon Easton, 31, pleaded guilty to attempted assault with a dangerous weapon and unlawful possession of a firearm by a convict on Dec. 20, 2022, for his involvement in the shooting of a Metropolitan Police Department (MPD) officer on the 1300 block of Spring Road, NW. The officer sustained a graze wound to his forehead. 

On Sept. 6, DC Superior Court Judge Robert Okun issued a bench warrant for Easton due to his failure to appear in court for a probation show cause hearing. 

In an order issued on Aug. 27, Judge Okun stated he had received an “alleged violation report” from Easton’s probation officer, which stated Easton had “failed to drug test and to report as directed.”

During the Sept. 18 hearing, Easton’s defense attorney, Kevin O’Sullivan, requested Judge Epstein, who was standing in for Judge Okun, release Easton back into the community and give him a chance to complete his probation requirements. 

According to O’Sullivan, Easton is new to the District, has a job, and is pursuing a relationship with a teenage son he recently discovered. O’Sullivan added that Easton is his parents’ caregiver as they confront illness.

The prosecution objected stating that Easton’s actions reflect his inability to better himself, citing a criminal history. 

Judge Epstein revoked Easton’s probation, noting the broken rules and that his current circumstances were not a motivation for self-improvement.

Parties are expected to return to court on Oct. 4.