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Judge Grants Second Indictment Extension in Co-Defendant Homicide Case

DC Superior Court Judge Michael O’Keefe granted the prosecution’s request to extend the nine-month indictment deadline in a homicide case, a second time.  

Aaron Walker, 20, and Dasani Dawson, 19, are charged with first-degree murder while armed for allegedly shooting 20-year-old Brian Buxton on Aug. 9, 2022, on the 100 block of Irvington Street, SW. 

According to court documents, Buxton sustained what a physician termed as an “unsurvivable brain injury” after being shot in the head.

During the June 13 hearing, Judge O’Keefe granted the prosecutors’ request to extend the indictment window despite protest from the defense counsel for both Walker and Dawson. 

The original indictment deadline was set for May 23, but an essential witness was unable to testify resulting in a 20-day extension, moving the deadline to June 13. 

However, the prosecution reached out on June 12 alerting the Court, Lisbeth Stapirstein, Dawson’s attorney, and Brandi Harden, Walker’s attorney, that the problem persisted.

Stapirstein and Harden argued that prosecutors have had more than enough time to produce an indictment and should dismiss the case. Harden stated that it is prejudicial to have a looming murder charge over Walker for such a long time. 

Walker is currently in DC Jail due to a separate ongoing case that is moving towards trial. 

Walker’s defense attorney argues that if the case is dismissed Walker will still be in jail, if prosecutors wish to retry this case in the future. Therefore, there is no reason to continue extending the indictment deadline, she insisted.  

Judge O’Keefe was in agreement with prosecutors in that each extension has been warranted due to special circumstances. 

Prosecutors stated they are “ready” for indictment and just need the extension to accommodate essential witness testimony. 

Court is slated to reconvene on June 28 to check in on the indictment progress. 

Judge Deems Shooting Defendant ‘A Menace’ in Sentencing

DC Superior Court Judge Andrea Hertzfeld sentenced a defendant who pleaded guilty for a shooting to three years of incarceration. The judge addressed him prior to sentencing on June 13, asserting “for some period of your life, you’ve been a menace.”

Kevon Austin, 30, was originally charged with assault with a dangerous weapon and carrying a pistol without a license for his involvement in a shooting that occurred on Feb. 21 on the unit block of M Street, NE. The detectives’ investigation revealed the individuals involved were shooting at each other.

According to court documents, officers responded to the location for the report of a shooting, where they located an adult male victim suffering from gunshot wounds. Austin and another shooter at the incident, Donte Brown, were injured and received treatment. Brown was shot on right side of his abdomen and buttocks, while Austin suffered wounds to his abdomen on the left as well as his right thigh, which resulted in a fracture of the bone.

Brown, 24, was originally charged with assault with a dangerous weapon, carrying a pistol without a license, and possession with intent to distribute marijuana for the shooting incident. On May 21, he entered a guilty plea for assault with a dangerous weapon. He awaits his sentencing on August 6.

On March 29, Austin previously accepted a deal, which required him to plead guilty to attempted assault with a dangerous weapon, in exchange for the prosecution not seeking an indictment. Through the deal, parties agreed to a sentencing range of 18-to-36 months. 

At the hearing, the prosecution argued that Austin serve the maximum sentence given the “pretty favorable plea agreement” he accepted. He highlighted the serious nature of the offense and the defendant’s criminal history, adding that Austin nearly stabbed an inmate to death at the DC jail on Dec. 20, 2014.

Gregory Copeland, Austin’s defense attorney, acknowledged the consistent presence of his client’s family members at every hearing. Austin’s twin sister, girlfriend, son, and nephew were pointed out by Copeland, among others.

Copeland stated his client has essentially been incarcerated for about ten years as he was convicted in 2014 as a 20-year-old for offenses related to firearms and drugs. He urged Judge Hertzfeld to consider suspending a portion of Austin’s sentence.

Copeland stated that Austin’s sentence “has to be just,” and claimed his client “is a different person” compared to his younger incarcerated self. “I can’t put my finger on it, I just like this guy,” said Copeland. 

Despite this, Copeland also contended that “the punishment alone is not sufficient to stop his behavior,” to which Judge Hertzfeld immediately replied, “What is?”

According to Copeland, Austin’s emotional resources were lacking because he did not have adequate rehabilitation assistance or receive appropriate treatment. He also stated that his client should have access to resources for job training and the ability to obtain his GED.

When given the opportunity to speak on his behalf, Austin described himself as “a young man who made a mistake.” He stated he did not think a prison would help him re-enter society, adding that he knows he needs help to “better myself” and “actually rehabilitate myself as a man.”

No victims came forth to give an impact statement. 

Ultimately, Judge Hertzfeld sentenced Austin to 36 months of incarceration, followed by three years of supervised release. 

Following her ruling on the sentencing, Judge Hertzfeld appreciated Austin’s relatives in the audience, stating he has “more family here then almost anyone I’ve seen in this courtroom.” In reference to this, she told him, “you have a lot of reasons out there to turn it around,” pointing to his family.

Judge Hertzfeld also advised Austin to take advantage of his time in prison “to get [himself] straight.”

“You don’t want to waste your whole life locked up,” stated Judge Hertzfeld to Austin.

No further dates were set.

Judge Pushes Parties to Agree on Murder Trial Calendar

A homicide defendant’s lawyer informed DC Superior Court Judge Rainey Brandt he will file a motion for a speedy trial, as both parties struggle to agree on a date for the proceeding. 

Admonishing both parties in a June 13 hearing, the judge said “This is not a slam dunk case.”

Emerita Garcia, 45, is charged with second-degree murder for her alleged involvement in assisting her son in the fatal shooting of Larry Thomas, 27, on Aug. 24, 2023, on the 3600 block of 16th Street, NW. 

Garcia is also facing deportation charges filed by the Immigration and Customs Enforcement (ICE) agency in Georgia. 

Judge Brandt told the parties “I was hot yesterday” as she informed them of what she termed an inappropriate letter she received from defense attorney Jason Tulley. 

Judge Brandt hinted that the letter was political and pertained to Garcia’s deportation issue with ICE. 

That letter, “should never cross into the judicial branch… and should never be politicized,” Judge Brandt added. 

Judge Brandt also pushed for the parties to establish a trial date, stating that it was a disservice to both the victim’s family and Garcia to delay.

The prosecution requested the trial start January 2025 due the time required for DNA test results. 

Tulley entered a motion against the prosecution’s consumption of DNA evidence, arguing it is excessive and limits the defense.

Tulley and Judge Brandt both asked the prosecution to see if expedited testing was possible and stated their desire to set a trial for September or October 2024. 

The court will reconvene on June 18 to discuss the possibility of expedited testing and to set a trial date. 

Judge Finds Probable Cause in Stabbing Case, Orders Defendant Detained

DC Superior Court Judge Renee Raymond found probable cause in a stabbing case on June 13 and denied the defense’s request for release.

Hollyman McQueen, 59, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on May 8 at the Washington Nursing Facility on the 2400 block of 25th Street, SE.

According to court documents, McQueen was allegedly upset he got a roommate at the facility. The two got into a disagreement about the lighting in the room, and McQueen pushed the victim on his bed and stabbed him in the back of the knee. 

At the hearing, the prosecution called an officer from the Metropolitan Police Department (MPD) who responded to the scene.

According to the officer, when she spoke to McQueen at the scene he claimed the victim had stabbed him. However, his statement was contradicted by multiple witnesses to the incident.

She also testified the knife McQueen allegedly used to stab the victim was a kitchen knife with a brass handle and silver blade. This knife was later found by detectives on the victim’s bed.

McQueen’s defense attorney, Henry Escoto, argued there was no probable cause that McQueen was the perpetrator. He said the victim bigger and stronger than McQueen, to which the officer agreed on cross examination. Escoto insisted McQueen acted in self-defense.

Judge Raymond disagreed and concluded there was probable cause that McQueen stabbed the victim with a knife.

Escoto then requested McQueen be released as he lives in the nursing facility, where he is actively receiving treatment for mental health issues. The prosecution disagreed, requesting McQueen be held in jail.

Judge Raymond denied Escoto’s request for release, citing McQueen’s prior convictions, which include multiple misdemeanor charges, sex abuse, indecent exposure and lewd acts. Judge Raymond deemed him a danger to the community. 

Parties are set to reconvene on June 20 with DC Superior Court Judge Andrea Hertzfeld.

Document: MPD Seeks a Southeast Stabbing Suspect

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating an individual involved in a stabbing that occurred on June 11 on the 2400 block of Martin Luther King Jr. Avenue, SE. An individual sustained non-life-threatening injuries during the incident.

Carjacking Case Moves Forward Amidst Competency Concerns

DC Superior Court Judge Heidi Pasichow asserted that she will need to consider all information before moving forward to either order or deny a full mental competency examination, on June 13. 

Kayla Kenisha Brown, 22, is charged with unarmed carjacking for allegedly stealing a motor vehicle from a woman with the woman’s mother, 55-year-old Leslie Gaines, inside the vehicle on June 3 at the MedStar Washington Hospital Center on the 100 block of Irving Street, NW. 

According to court documents, Brown attempted to make her way away from the scene while holding the car’s keys after crashing the vehicle into the US Attorney’s Office on the 600 block of D Street, NW. After the crash, she was apprehended by a Metropolitan Police Department (MPD) officer and taken into custody. 

Gaines, who had multiple sclerosis, was taken to a nearby hospital where she eventually passed away from her injuries after being discovered dazed and unresponsive at the scene of the automobile accident, according to court documents.

During the hearing,  defense attorney Silvia Smith argued to move Brown to St. Elizabeths hospital because of her mental health and prison conditions which she called, “atrocious and inhumane.”

Smith alerted the court that she opposed the inconclusive findings of the initial report from the Department of Behavioral Health (DBH) because the doctor was not aware of the conditions Brown encountered in the Department of Corrections.

Parties requested further competency evaluation citing mental health concerns. 

Parties are slated to return June 17.

Document: MPD Searching for Driver in Fatal Pedestrian Hit and Run

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a driver connected to a hit and run crash that killed 62-year-old Alton Kelly and injured his wife on June 12 at the intersection of Naylor Road and Alabama Avenue, SE.

The vehicle was described as a white Ford Taurus, and was located later by MPD. The driver has yet to be located.

Defense Attorney Says His Client is, ‘Motivated to Turn His Life Around,’ During Sentencing

DC Superior Court Judge Erik Christian sentenced a defendant to 13 years of incarceration for his involvement in a carjacking, armed robbery, and theft incident.  The ruling came in a June 13 hearing.

Ricardo Washington, 33, was involved in a series of carjackings between Sept. 27 and Nov. 29 ,2023. He was charged with unarmed carjacking when he stole a car after demanding keys from a complainant on Sept. 27 in the Union Station parking garage. 

Washington was also charged with armed robbery for threatening another individual with a screwdriver when stealing a vehicle at the same location on Oct. 28. 

He was charged with first-degree theft on Nov. 29 after being caught looking through the trunk of a reportedly stolen vehicle on the 1200 block of Gallatin Street, NE.

In a deal accepted by Washington on March 29, he pleaded guilty to unarmed carjacking, armed robbery and first-degree theft, in exchange for the prosecution not seeking an indictment and dismissing all other charges. . 

Clarence Powell, Washington’s defense attorney, said that Washington was not in the right state of mind due to drug addiction during these incidents. 

“The drug use got the best of him and contributed to his homelessness and poor decisions,” claimed Powell.

Throughout the legal process, Powell said, Washington’s family has been present and have described Washington’s actions as out of character from his kind, loving and hardworking nature. They agree that Washington could benefit from substance abuse and mental health treatment completed without a prison sentence.

“I believe Mr. Washington is motivated, if given a chance, to turn his life around. He just needs help,” Powell said.

According to Powell,  Washington has made clear in their meetings that he misses his children deeply and is remorseful.

When Judge Christian asked Washington what gave him the right to steal property, Washington responded saying, “I’m sorry for what I did Judge. I’m sorry.”

Judge Christian worried about the wellbeing of the victims and the lifelong fear he believed they would experience, choosing the final sentencing based on that finding.

“What these victims have been through must have been terrifying,” Judge Christian said.

The prosecution agreed, citing the mental trauma suffered by the victims due to Washington’s actions.

“It wasn’t just a vehicle or scooters that were taken but also their sense of safety and peace,” the prosecution said.

Prosecutors also argued that the nature of the crimes being consecutive offenses warranted a higher sentence and would never have ended without police intervention.

“It’s likely it would not have stopped if the defendant had not been arrested,” the prosecution said.

In agreement Judge Christian sentenced Washington to consecutive sentences, totaling 13 years of incarceration. He is also required to participate in drug and mental health treatment, and serve five years of supervised release. 

No further dates were set. 

Carjacking Defendant Waives Right to Independent DNA Testing

A carjacking defendant voluntarily waived his right to independently test DNA evidence recovered from a crime scene in front of a DC Superior Court Judge Erik Christian on June 13. 

Dontrell Harrison, 48, is charged with assault with a dangerous weapon and assault with significant bodily injury for his alleged involvement in a stabbing on April 22 at 300 Livingston Terrace, SE. One individual sustained injuries during the incident.

During the hearing, the prosecutor alerted the court they were going through with DNA testing of the evidence recovered at the scene, specifically blood on a knife. The knife is the only physical evidence being tested by the prosecution.

Camille Wagner, Harrison’s defense attorney, alerted the court Harrison was waiving his right to independently test the evidence. 

Judge Christian was satisfied with Harrison’s voluntary waiving of his rights. 

Parties are slated to return July 11 for trial readiness hearing.

Competency Evaluation Ordered for Shooting Defendant, Preliminary Hearing Delayed

A shooting defendant’s attorney requested her client’s competency be evaluated, in what was supposed to be a preliminary hearing before DC Superior Court Judge Anthony Epstein on June 13.

Lamar Fosque, 30, is charged with assault with intent to kill while armed, assault with a dangerous weapon, and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on May 11, on the 3600 block of Brother Place, SE. One individual sustained injuries during the incident. 

According to court documents, the defendant allegedly fired a single shot directly at one of the victims, striking the right arm. The defendant then pursued the victim firing the gun again. The second victim, who was unharmed, called 911 and identified the alleged shooter as Fosque.

Officer’s canvassing the area saw a male that matched the description of Fosque get onto a bus. A traffic stop was conducted leading to the defendant’s arrest.

During the hearing, Camille Wagner, Fosque’s attorney, requested a mental competency evaluation be ordered for Fosque before going through with the preliminary hearing. 

Parties also alerted the court that they are in plea negotiations, and will most likely make a decision before the next hearing. 

Judge Epstein granted the request for mental evaluations. 

Parties are slated to return on June 18. 

Carjacking Defendant Pleads Not Guilty 

Defendant pleads not guilty to carjacking case involving threats to kidnap before DC Superior Court Judge Heidi Pasichow. 

Guilbert Rojas Villarroel, 40, is charged with armed carjacking, robbery while armed, first-degree theft, and threats to injure or kidnap a person, for his alleged involvement in a carjacking incident that occurred Sept. 9, 2023 on the 2100 block of K Street, NW. No injuries were reported. 

According to court documents, this incident involved a driver who was picking up an Uber Eats order when the defendant occupied the driver’s seat with the owner’s brother in the passenger seat. Following this action, the defendant allegedly made threats to kill the car owner’s brother if he were to try and contact emergency services or the authorities. 

On June 13, Rojas Villarroel and his defense attorney, Christopher Mutimer, alerted the court he was pleading not guilty to all charges. 

Parties are slated to return on July 17. 

Judge Grants Request for Delay for Competency Evaluation

DC Superior Court Judge Maribeth Raffinan granted a defense attorney’s motion to delay sentencing in a homicide case, voicing concern for his clients’ mental competency, during a June 13 hearing. 

Jamari Payne, 22, was originally charged with second-degree murder while armed for the shooting of 57-year-old Bacilio Villatoro on Sept. 22, 2022 on the 3000 block of Adams Street, NE. 

According to court documents, the murder took place in an alleyway where Payne was seen snooping around a tree company truck where Villatoro worked. Payne approached Villatoro and a physical altercation occurred resulting in Payne allegedly shooting him.

On Jan. 5, Payne accepted an offer, which required him to plead guilty to second-degree murder while armed and robbery, in exchange for the prosecution’s not seeking an indictment. Through the deal, parties agreed to a ten-to-22 year sentence range.

Payne’s defense attorney, Jason Tulley, filed a motion for ineffective assistance after the prosecution’s plea deal stated that there would be further mental health testing for Payne could take place, but hasn’t taken place.

Tulley requested a continuance so that Payne can get tested by a neuropsychologist, to potentially reduce his sentence based on diminished capacity.

The prosecution asked the court to not postpone sentencing so the family can have closure.

The defense argued for delay due to a widely anticipated Public Defender Service’s (PDS) furlough during which agency lawyers would only work four day weeks which could slow down court proceedings.

Judge Raffinan found that the defense had “good cause” for the continuance, and granted the request. 

Parties are slated to return Oct. 25. 

Defense Argues Defendant’s Statements to Police Were Unconstitutional

In a co-defendant homicide case in front of DC Superior Court Judge Robert Okun on June 12, one defense team argued against admitting statements made by their client in an interview with a detective.

Mark Price, 29, and Antonio Murchison, 31, are charged with conspiracy, first-degree murder while armed, five counts of assault with intent to kill while armed, aggravated assault while armed, seven counts of possession of a firearm during a crime of violence, 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. The incident left 10-year-old Makiyah Wilson dead and four other individuals with gunshot wounds. 

Additionally, Price is charged with first-degree murder while armed, two counts of assault with intent to kill while armed, threat to injure or kidnap a person, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict and first-degree burglary while armed. These separate charges come from his alleged involvement in the fatal shooting of 47-year-old Andre Hakim Young on July 30, 2018 on the 1500 block of 19th Street, NE. 

At the hearing, Judge Okun heard a motion to suppress statements and evidence filed by Murchison’s defense on May 1. Michael Bruckheim, Murchison’s defense attorney, argued that his client’s Fourth Amendment rights were violated because of an illegal arrest and seizure on Aug. 2, 2018. 

According to Bruckheim, detectives from the Metropolitan Police Department (MPD) did not follow protocol when questioning Murchison regarding the homicide at the same time he was administered a DNA buccal swab for a stolen vehicle. 

Prosecutors called on a detective from MPD to the stand, to testify regarding the interview with Murchison on Aug. 2 and 28, 2018.

According to the detective, Murchison was brought to the police station because a judge issued a search warrant for Murchison, which required a buccal swab. The detective confirmed that testing is a very quick procedure and is only supposed to take a few minutes. 

The detective testified that once the buccal swab was obtained, the search warrant was fully executed. 

Despite this, when questioned by Bruckheim, he admitted that detectives wanted to interview Murchison regarding the homicide, despite his not being arrested in connection to the incident.

As well, the detective confirmed that after completing the buccal swab, Murchison was brought to an interrogation room and his Miranda rights against self-incrimination were not presented.

Rather they were allegedly read to him after being in the room for almost two hours. At some point, though, according to the detective, Murchison was alerted that he was the suspect in two homicide cases. 

As per Bruckheim, Murchison was held in an interrogation room for multiple hours, and placed in handcuffs and escorted to the bathroom, despite not being told he was under arrest. 

The detective testified that he would not have handcuffed Murchison given that there was no arrest warrant, but said he was unsure what the detective who handcuffed him knew about the situation.

According to the detective, at least two other suspects for the murder were being interrogated in separate rooms at the time of Murchison’s interrogation. 

Bruckheim contended that MPD officials “collectively designed to elicit incriminating” evidence from his client by illegally interrogating him.

Furthermore, Bruckheim argued that Murchison would not have voluntarily participated in the interview had he known, and been clearly told by detectives, it was not mandatory.

He stated that at no point was Murchison told he was “free to go,” but instead was held in an interrogation room for almost two hours before being told his Miranda rights and that he was subject of the investigation. 

He also emphasized his client’s “uncertainty” of the situation, stating Murchison did not know what was going on. “It appears that he was never given an option or choice that he could leave,” said Bruckheim.

Bruckheim also asserted that MPD officials “had no justification, no legal reason to keep him there.”

Conversely, the prosecution objected to defense arguments, saying that there was no violation of Murchison’s Miranda rights and no basis that Murchison was under arrest. They also added that “there is zero evidence of interrogation.”

Judge Okun needed more time acknowledging that it is “not a frivolous motion.”

Asides from the motion to suppress evidence, Judge Okun heard arguments and denied the motions to dismiss the conspiracy charge for Price, and to preclude autopsy photographs and body worn camera footage from trial.

Price’s defense attorney, Megan Allburn, requested the dismissal of her client’s conspiracy charge, but Judge Okun said there “is sufficient basis,” adding that Price was already indicted on that charge.

The prosecution stated their evidence proves Price and other co-defendants conspired for a shooting and that Price committed six overt acts in the conspiracy. 

Additionally, all parties addressed the motion to preclude autopsy photographs and body worn camera footage, but Judge Okun ruled that the evidence was relevant and necessary to show jurors, despite defense attorneys for Price and Murchison requesting the autopsy photos not be used in trial against their clients. 

The autopsy photos depicted Wilson’s front entrance and back exit wound, while the body camera footage showed an officer arriving at the crime scene with a crowd of people, including Wilson, who soon received CPR. 

The defense stated the evidence is very emotional and prejudicial, adding that the body camera footage, at the very least, should have the victim blurred. 

The prosecution stated, “It’s very difficult to watch,” adding that “the jury should see that [Wilson’s] shirt is soaked in blood.” 

“The [prosecution] does not have to hide that from the jury,” stated the prosecutor. She also argued that the video was relevant for location purposes.

Due to time constraints, Judge Okun deferred rulings for other outstanding motions, which will be discussed as trial occurs. 

Parties are slated to reconvene June 13.