Judge Finds Probable Cause in Stabbing Case, Orders Defendant Detained

DC Superior Court Judge Heide Herrmann found probable cause a suspect committed a stabbing after a Metropolitan Police Department (MPD) officer testified on July 23.

Junae Roberson, 37, is charged with assault with a dangerous weapon and assault with significant bodily injury while armed for her alleged involvement in a stabbing that occurred on July 20 on the 4000 block of 3rd Street, SE. One individual sustained injuries during the incident.

The officer testified that Roberson and the victim had a verbal altercation when the victim called another individual to pick them up from Roberson’s residence. The presence of the other individual aggravated Roberson which allegedly resulted in the stabbing, according to the officer.

The officer added that the victim sustained a stab wound from a butcher knife through her left chest resulting in a punctured lung.

However, the officer testified, Roberson stated that she and the victim got into a physical altercation with another group of women then returning to Roberson’s residence before someone stole her money, leading to a verbal altercation that resulted in the stabbing.

According to the officer, when interviewed by the same detective, the victim and another individual identified Roberson as the perpetrator.

Following the probable cause finding, Judge Herrmann also denied release for Roberson stating that there are no conditions of release that would ensure the safety of the community.

Parties are slated to return July 31.

Carjacking Defendant Found Competent to Stand Trial

DC Superior Court Judge Erik Christian found a carjacking defendant competent to stand trial, citing a report he received from the Department of Behavioral Health (DBH), at a hearing on July 23.

Eligah Hughes, 34, and his co-defendant, Elias Robertson, 29, are charged with unauthorized use of a vehicle and unarmed carjacking for their alleged involvement in a carjacking, which occurred on Feb. 25, on the 1000 block of F Street, NE.

According to court documents, an individual identified as Robertson approached the victim and told her he wanted her keys and had a knife. The police allegedly found the keys to the victim’s stolen vehicle in Hughes’ possession,

The presence of both co-defendants was waived at the hearing. Robertson was not brought from the jail to the courthouse due to an undisclosed medical issue, and Anthony Smith, Hughes’ defense attorney, stated that it was not necessary for Hughes to be there, despite the report Hughes is mentally competent to stand trial.

The parties are scheduled to return to court on July 31.

Defense Says The Wrong Man Is on Trial

Attorneys clashed during opening arguments in a carjacking and burglary trial before DC Superior Court Judge Robert Salerno on July 22.

Kenneth Phillips, 24, is charged with carjacking, aggravated assault knowingly while armed, robbery while armed, burglary two, first-degree theft, unauthorized use of a vehicle during a crime of violence, receiving stolen property of $1,000 or more, and no permit for his alleged involvement in an armed robbery and carjacking on Nov. 15 and 16, 2021. The incidents occurred on the 2000 block of 4th Street, NE.

According to court documents, on Nov. 15, 2021, Phillips allegedly assaulted an individual as he stole his key ring, which contained keys to two vehicles, a white Nissan and a brown Toyota, before fleeing the scene in the Toyota.

On Nov. 16, 2021, Phillips was allegedly stopped in the early morning hours in the brown Toyota, after the Metropolitan Police Department (MPD) broadcast a lookout for a stolen vehicle. He was allegedly found with the key fob for the white Nissan and a Penn State graduation ring.

That same morning, a family member of the victim reported someone broke into their house and stole multiple items, including a Penn State ring, a television, and four gold chains.

“On Nov. 15, 2021 one of the worst things imaginable happened,” the prosecution opened their argument, “a home of 30 years was burglarized and ransacked.”

Prosecuting attorneys stated that when Phillips was stopped “on [Phillips’] person were family heirlooms belonging to the [victim’s] family,” and that on Nov. 16 “no one was permitted to be in the home,” at the time of the burglary.

Phillip’s defense attorney, Joseph Yarbough, opened by asking the jury if they have ever “borrowed a car,” going on to say that during the time of the incident Phillips was hanging out on 4th and W Streets, NE.

According to Yarbough, Phillips was walking home on Nov. 15 when he saw an acquaintance in the victim’s car and asked for a ride, “This individual tells him he can borrow the car and meet up in the morning” to return it. Yarbough argued that his client agreed and the next day, while he was driving he was pulled over and arrested.

“The [prosecution] has put the wrong man on trial,” he stated, arguing that the description of the suspect did not match Phillips, and no bite mark was found on him, even though the victim claimed to have bitten the suspect during their struggle.

The “[prosecution] never looked for the right man who committed this crime,” Yarbough said, they “cut corners and skipped steps.”

“His fate doesn’t lie with the [prosecution], it lies with you,” Yarbough told the jury.

Following opening statements, the prosecution called the victim to testify.

He said he “felt a punch to [his] head and [he] fell to the ground,” losing consciousness for a moment. He further stated that “there was a person yelling at [him] ‘I’m going to shoot you, I’m going to shoot you.’”

The victim stated he “placed [himself] in front of the vehicle in an attempt for him to not take it,” when Phillips allegedly pushed him down again and took his “right index finger, put it in [his] mouth and pulled on the right side,” like a fishhook. The victim then bit his finger till he let go.

The witness said that he was pushed down again before the key was taken out of his hand and his brown Toyota was stolen.

The victim described the individual as a Black man, “skinny but not scrawny,” and tall.. He went on to state the suspect was wearing a black jacket with a hood and a mask with lettering on it. The witness said that the mask fell down during the struggle and he didn’t say facial hair on the suspect.

Afterward he called 911 and emergency services responded to the scene.

The stolen car was not returned until February of 2022 and the witness stated that it was a “garbage dump,” saying there were beer bottles and trash in the front and in the back there was a black jacket, mask and baton, he testified. .

The prosecution then asked about the victim’s home after the burglary. Photos of his home after the incident showed all of his drawers opened, multiple boxes pulled out from under his bed and clothes scattered. The victim confirmed that prior to the incident, his room was clean, drawers were all closed and things were in their proper place.

Yarbough questioned the victim if he knew “it was important to be honest with the 911 dispatchers.” The answer was yes.

When asked why he didn’t tell the dispatcher he was hit with a weapon, the victim testified he was “very scared and affected in that moment,” and didn’t tell police “because at that point [he] didn’t see a weapon.”

Yarbough questioned the victim’s description of the suspect, and displayed body camera footage, which showed the victim telling officers that the individual wore a hat and a jacket with a hood on. However, in court he continuously stated that the individual was only wearing the jacket with the hood.

The jury was shown body-worn camera footage that revealed the victim telling paramedics that he did not lose consciousness when he was hit. In the video, the victim told paramedics that he “truly did not remember,” and has “never passed out before so [he doesn’t] know what passing out is.”

The victim reiterated to the prosecution that he was focusing on parking his car and going into his home when he felt a “strong impact on the head and to the ground,” when he realized what was happening he felt “panicked and under attack.”

Following his testimony, the prosecution called the victim’s daughter.

She said before the incident took place her father was at her house visiting his grandchildren. According to the daughter, shortly after he left her home she received a call stating her father’s car had been stolen and “[her] dad had just left in an ambulance.”

The witness confirmed that her class ring from Penn State was in her parents’ room, a television that was still in the box and a black Levi’s jacket that had fur around the hood were all in the house before the burglary on Nov. 16 took place.

During the cross examination, Yarbough asked the victim if there were any “distinct marks or writing on the outside,” of the jacket, to which the witness replied there were not. Yarbough then confirmed that she was not present at the time of the burglary and did not witness anyone enter the home.

When asked about cameras that were visible in front of her parents’ home, the witness testified they were not correctly charged on the day of the incident.

Parties are slated to return on July 23.

Victim’s Sister Describes Her Injuries in Homicide Case

A woman whose sister and mother were victims of a double homicide testified about her serious injuries in a trial before DC Superior Court Judge Maribeth Raffinan on July 22.

Keanan Turner, 35, is charged with two counts of first-degree murder while armed with aggravating circumstances, aggravated assault knowingly while armed, assault with intent to kill while armed, second-degree cruelty to children, first-degree attempted murder against a minor, four counts of possession of a firearm during a crime of violence, destruction of property, carrying a pistol without a license, tampering with physical evidence, and arson. The charges stem from his alleged involvement in the fatal shootings of Wanda Wright, 48, and Ebony Wright, 31, on the 2300 block of Good Hope Court, SE on April 12, 2021.

According to court documents, Turner is the father of Ebony’s child, who was an infant at the time of the shooting. The child survived the incident, as did Ebony’s sister, who was shot in the face.

On the stand she explained that she, Ebony, and their mother Wanda, arranged a meeting with Turner to see his two-month-old child for the first time.

According to the prosecutor, Turner urged Ebony to get an abortion when he learned she was pregnant and told her he didn’t want to be involved in the child’s life.

The group met at Ebony’s apartment, conversed, and ate before Ebony’s sister went into another room to find a change of clothes for the baby, when she heard two gunshots ring out.

According to the witness, Turner then entered the room where she looking for clothing and allegedly shot her. The bullet pierced her cheek and exited her throat. She lost three teeth as a result of the wound.

Before leaving the apartment, she noticed a fire had been started on a workbench in the dining room. She then called 911 and was taken to the hospital.

She also testified that there was no animosity from their family toward Turner because he wasn’t engaged with the child and they believed “support will come from the family whether he’s there or not”.

K. Lawson Wellington, one of Turner’s defense attorneys, pointed out earlier that no DNA evidence from Turner was discovered at the crime scene, even though the prosecution alleged that Turner spent an hour-and-a half-there. Wellington also noted that witness descriptions of the defendant varied significantly.

Parties are slated to return July 23.

Stabbing Defendant Rejects Plea Offer, Opts for Trial

A stabbing defendant rejected a plea offer extended by the prosecution in front of DC Superior Judge Rainey Brandt in a hearing on July 23.

Williams Azocar-Salas, 28, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing on April 7 on the 1300 block of Clifton Street, NW. A victim suffered minor cuts from the incident.

During the hearing, the prosecution extended an offer to Azocar-Salas, requiring him to plead guilty to assault with a dangerous weapon in exchange for them not seeking more serious indictment charges.

Julie Swaney, Azocar-Salas’ attorney, stated her client intended to reject the offer and proceed with a trial.

Judge Brandt, who was standing in for DC Superior Court Judge Jennifer Di Toro, informed parties that she will wait for Judge Di Toro to set the trial date upon her return.

Parties are scheduled to reconvene for a status hearing on Sept. 13.

DC Jail Stabbing Defendant Pleads Not Guilty at Arraignment

A stabbing defendant pleaded not guilty to all charges in front of DC Superior Court Judge Lynn Leibovitz on July 23.

Antonio Nicks, 32, is charged with assault with a dangerous weapon, possession of a prohibited weapon, and simple assault for his alleged involvement in a non-fatal stabbing that injured one individual. The incident occurred on Feb. 16 at the DC Jail on the 1900 block of D Street, SE.

According to court documents, Nicks allegedly attacked the victim as he was standing around a group of inmates. When the victim ran away following the stabbing, Nicks is alleged to have chased after another inmate, though it is unclear if he sustained injuries.

At the hearing, Vernice Holt, Nicks’ newly appointed attorney, alerted the court of his intent to plead not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial.

Parties are slated to reconvene Sept. 4.

Judge Tells Shooting Defendant at Sentencing–Forgive Yourself, Move Forward

A defendant found guilty of carrying a firearm and shooting at a family member’s wake received a suspended sentence of 15 months and 14 months of probation from DC Superior Court Judge Heidi Pasichow on July 19.

Kevin Hardy, 31, was originally charged with unlawful discharge of a firearm, threats to do bodily harm, and carrying a pistol without a license for his involvement in a non-fatal shooting that occurred on Oct. 14, 2023 on the 1700 block of 7th Street, NW.

According to court documents, Hardy arrived inebriated at the wake of a young child in his family, brought a firearm into the home and made threats before shooting the firearm once. His sister called the police. Hardy says he doesn’t remember anything from the event.

On May 16, Hardy accepted a deal that required him to plead guilty to carrying a pistol without a license, in exchange for the prosecution not seeking an indictment on greater charges.

At the hearing, the prosecutor said Hardy has taken responsibility for his actions and his family all believe he “really just needs help.” The prosecutor acknowledged the substantial loss Hardy experienced and hoped he can “process that trauma.”

Hardy’s defense attorney, Sharon Weathers, argued he has a minor criminal history and reminded the court this is his first felony offense. She described the incident as a situation that “spiraled out of control.” She also stated Hardy continues to say he did not shoot the firearm, only brandish it in front of his family.

Weathers also said Hardy has stopped drinking entirely, and enjoys his job as a chef.

Judge Pasichow sentenced Hardy to 15 months suspended, 14 months of probation, and three years of supervised release. If he is unsuccessful in probation, he could be required to serve the suspended sentence.

In addition, Hardy will also be required to undergo a mental health assessment, receive drug and alcohol testing and treatment, and take an anger management course.

Hardy agreed and appeared emotional hearing Judge Pasichow’s advice. She told Hardy to “look up” because he has a three-year-old daughter depending on him and move on from his guilt.

“I’m not patting you on the back, but don’t be so down on yourself . . . I think you have to forgive yourself. You have a lot to live for,” Judge Pasichow said.

Scheduling Conflict Delays Sentencing for Shooting Defendant

DC Superior Court Judge Errol Arthur delayed sentencing for a non-fatal shooting defendant since his attorney couldn’t attend the hearing.

David Walls, 38, is charged with kidnapping while armed and four counts of assault with a dangerous weapon for his alleged involvement in an abduction on April 10, and a non-fatal shooting on April 13. Both incidents took place on the 2700 block of 30th Street, SE.

According to court documents, one male and one female victim reported Walls pointed a firearm at them and forced the woman to get into his vehicle. They described the firearm as a brownish camouflage-colored handgun.

On April 13, the same two people reported that Walls shot at them while they were entering their apartment building.

On May 21, Walls pleaded guilty to two counts of assault with a dangerous weapon and carrying a pistol without a license, in exchange for the prosecution’s not seeking an indictment on greater charges.

Marnitta King, Walls’ defense attorney, was unable to attend the proceeding because of a scheduling conflict, so Judge Arthur continued the sentencing hearing until July 29.

Walls’ family was present at the hearing and were informed of the date change.

Prosecution to Murder Defendant–Plea Offer ‘Won’t Get Any Better’

A plea offer will remain open after back-and-forth negotiations led a homicide defendant to ask for new legal representation during a July 19 hearing before DC Superior Court Judge Anthony Epstein.

Kyree Hairston, 24, is charged with second-degree murder while armed for his alleged involvement in the shooting of 51-year-old David Coe on Feb. 4 on the 1200 block of Southern Avenue, SE.

Through his defense attorney, Jason Clark, Hairston requested additional time to consider the plea deal offered by the prosecution.

“The plea offer won’t get any better than that,” a prosecutor replied.

The deal would require Hairston to plead guilty to voluntary manslaughter while armed and receive a sentence in the higher range of the sentencing guidelines. In return, the prosecution wouldn’t indict on additional or greater charges.

“There is a reason I appointed you a lawyer,” Judge Epstein told Hairston when he asked what could be done about the offer.

Judge Epstein said he could not provide any legal advice to Hairston other than to use the attorney he was appointed.

When the prosecution refused to allow more time to negotiate the plea deal, Hairston asked for a new attorney. Judge Epstein granted the request.

The prosecution then said the plea offer would remain open during the transition of defense counsel.

Parties are set to reconvene Aug. 9.

Defense Wants Delay in 2021 Murder Case Due to Absent Witness

On what was supposed to be the first day of Bernard Matthews‘ murder trial, July 22, his defense attorney asked DC Superior Court Judge Michael O’Keefe to delay the case because the prosecution isn’t calling a witness she wanted to cross-examine.

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

According to court documents, an alleged threat made by Green to a relative of Matthews was the motive for the shooting. Green was found unresponsive and not breathing with eight gunshot wounds to the torso, extremities, neck, and head.

Before jury selection began, Matthews’ attorney, Marnitta King, alleged a prosecutorial error made delay necessary.

According to King, the prosecution had filed a notice the previous day they would not be calling a records expert to testify about relevant Instagram messages. King said the defense’s case relied on cross-examining that witness.

“The Instagram messages are the most important part of this case,” King said. She intended to question the witness to prevent the jury from concluding the dates and times on the message records were accurate.

King told Judge O’Keefe she would need time to adapt her case if he allowed the records to be brought into evidence without a so-called custodian.

The prosecution argued the custodian could testify only to the existence of records, not to any discrepancies with dates and times. They said the documents are already authenticated and shared with the defense months ago, and they plan for another witness to authenticate them during trial.

King responded that, because the notice was filed the previous day, she did not have reasonable time to review it and prepare changes to Matthews’ defense.

Judge O’Keefe agreed with the prosecution that the custodian would not be able to testify to any matters outside of when and how the record was created. He pointed out King was informed on June 25 that a custodian might not be called, and she chose not to stipulate to that fact on July 18. Instead, he noted, she waited until the first day of trial to make a motion on it.

Judge O’Keefe asked the prosecution to determine by the next day whether a custodian is available to testify in the next couple of weeks. He wants that information before ruling on whether to admit the Instagram messages as evidence.

According to Judge O’Keefe, if the trial were to be delayed, it couldn’t be rescheduled in less than a year, due to scheduling constraints.

Parties are slated to return July 23.

Stabbing Defendant Found Competent to Stand Trial

Following a report from the DC Department of Behavioral Health (DBH) received by DC Superior Court Judge Heidi Pasichow, stabbing defendant Nahum Posner was found competent to stand trial at a hearing on July 19th.

Posner, 55, is charged with assault with a deadly weapon for allegedly stabbing a woman while she was standing by the trunk of her car on Oct. 22, 2020, at the 3000 block of 30th Street, SE.

According to court documents, a witness heard the attack and helped fight Posner off with a hammer.

After his arrest the defense argued that Posner has schizophrenia and was off his medication at the time of the alleged incident. Posner is currently being held at St. Elizabeths psychiatric hospital.

Parties agreed to set a trial date of Oct. 30.

Defendant in Multiple Carjacking Case Found Competent, Scheduled for Trial

DC Superior Court Judge Lynn Leibovitz found Taysean Hawkins competent to stand trial, based on a report from the DC Department of Behavioral Health (DBH), and scheduled the proceeding for Jan. 29, 2025, at a hearing held on July 22.

Hawkins, 21, is charged with conspiracy, two counts of armed carjacking, four counts of possession of a firearm during a crime of violence, unauthorized use of a vehicle, and fleeing a law enforcement officer. The charges stem from multiple carjackings that occurred on Jan. 11 and 12, 2021, on the 1500 block of 30th Street, NW; the 4700 block of Alton Place, NW; the 4300 block of Alton Place, NW; and the 2600 block of Benning Road, NE.

According to court documents, the crime spree ended in a high-speed car chase between Metropolitan Police Department (MPD) officers and two defendants, Hawkins and James Borum, 21. The carjacked vehicle collided with a utility pole, and Borum was detained while attempting to flee on foot. Hawkins was removed from the driver’s seat and taken to a hospital for treatment.

At the hearing, Michael Madden accepted an appointment to serve as Hawkins’ defense attorney. Hawkins’ previous attorney withdrew from the case in June due to a conflict of interest.

Judge Leibovitz discussed DBH’s findings with the parties that Hawkins was mentally competent, with no objection from either side.

The prosecution informed the court that they have extended a plea offer to Hawkins which would require he plead guilty to carjacking in exchange for all other charges being dropped.

Madden requested two weeks to acquaint himself with the facts of the case and discuss the plea offer with Hawkins. The prosecution set a deadline of Aug. 5 for Hawkins to make a decision on the offer.

The next hearing in this case is scheduled for Aug. 5.

Judge Denies Request to Ban Pregnant Murder Defendant from Using Marijuana, Alcohol

DC Superior Court Judge Anthony Epstein denied a prosecution request to issue an order preventing a pregnant murder defendant from consuming alcohol or marijuana consumption in a July 19 hearing.

Christen Borden, 35, is charged with first-degree murder – felony murder and first-degree cruelty to children for her alleged involvement in the homicide of her five-month-old infant Kenneth Walton which occurred on Feb. 11, 2023 on the 4000 block of Massachusetts Avenue, NW.

According to court documents, despite all lifesaving efforts, Walton died on Feb. 16, 2023 at Georgetown University Hospital from injuries that were consistent with inflicted head trauma and had been suffering from non-accidental trauma.

During the proceeding parties met to discuss potential dates for Borden’s preliminary hearing, and prosecutors requested Judge Epstein order Borden to not consume marijuana or drink alcohol for the remainder of her pregnancy.

Prosecutors argued Borden admitted to using marijuana, and that she may have been under the influence of other drugs which could have contributed to Walton’s death.

“I’m not a doctor,” Judge Epstein said denying the request. He said any decision about what should be done for the health of her unborn child is a medical matter.

However, the judge granted the prosecutor’s request to drug test the defendant and ordered the Pretrial Services Agency (PSA) to submit a report within two weeks.

Prosecutors alerted both the court and Borden that the Child and Family Services Agency (CFSA) takes action when babies test positive for marijuana at birth.

According to court documents, Borden had been diagnosed with postpartum depression based on a short survey she took and a prior diagnosis of depression.

Borden stated in court documents that she had been under the care of a psychiatrist and had stopped taking prescribed medication before Walton was born.

Parties are slated to reconvene on Sept. 27 for a preliminary hearing.

Second Competency Exam for Shooting Defendant

DC Superior Court Judge Anthony Epstein ordered a second mental competency exam for a non-fatal shooting defendant at the request of his defense attorney on July 19.

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 shooting on May 11 on the 3600 block of Brothers Place, SE, that left one individual injured.

Camille Wagner, Fosque’s attorney, objected to the doctor’s assessment in Fosque’s first competency exam that “hospitalization is not critically indicated at this time.” She requested Fosque be transferred to St. Elizabeths Hospital for another full exam.

Judge Epstein ordered Fosque spend 30 to 45 days at St. Elizabeths Hospital. He granted the defense’s request to delay trial pending the results of the second exam.

Parties are slated to reconvene on Aug. 30.

Prosecution Confident Despite Suppression of Cell Phone Evidence

The prosecution in a non-fatal shooting case said they could still prove a defendant’s guilt, even though DC Superior Court Judge Rainey Brandt denied a motion to reconsider a ruling suppressing cellphone evidence on July 22.

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

These charges stem from his alleged involvement in an incident on Sept. 5, 2021 on the 2700 block of Terrace Road, SE during which two individuals sustained injuries.

According to court documents, video surveillance footage from the scene shows an individual, identified as Cannon, shooting twice at two victims. Metropolitan Police Department (MPD) officers responded to the incident and arrested him.

During the hearing, Judge Brandt upheld DC Superior Court Judge Anthony Epstein’s previous ruling to not allow the prosecution to use evidence found on Cannon’s cell phone.

According Judge Brandt’s ruling, it was unconstitutional for MPD to seize Cannon’s cell phone because there was no probable cause he was involved in the shooting at the time.

The prosecution said they have other evidence demonstrating Cannon’s guilt, such as video surveillance footage.

Parties are set to reconvene July 29.

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