Murder Defendant Considering Plea Offer

Damon L. Clark’s attorney, Quo Mieko Judkins, asked DC Superior Court Judge Michael O’Keefe on May 31 for more time to consider a pre-indictment plea deal offered by the prosecution.

Clark, 27, is charged with second-degree murder while armed for allegedly shooting and killing 46-year-old Jimmy Thomas, Jr., the 1200 block of Mount Olivet Road, NE during a verbal altercation on March 8.

The plea deal would require Clark to plead guilty to voluntary manslaughter while armed, which would carry a sentence of seven-and-a-half-to-15 years’ incarceration. In exchange, the prosecutor would not seek indictment on any greater charges stemming from the facts of the case.

Parties are slated to meet again on July 23.

‘There’s Two Families Whose Lives Have Been Impacted by This,’ Says Defense Attorney in Homicide Sentencing

DC Superior Court Judge Rainey Brandt ordered a WebEx streaming of a sentencing to end due to a victim’s family’s “disrespectful” comments, as she sentenced a homicide defendant to 18 years of incarceration.

David Botchway, 21, pleaded guilty to second-degree murder while armed for his involvement in the fatal shooting of 19-year-old Andre Baker on Aug. 5, 2023, on the 1200 block of U Street, NW.

Through the plea deal, parties agreed to a sentencing range of 16-to-20-years of incarceration.

During the sentencing, which had previously been rescheduled six times, prosecutors displayed surveillance footage and an Uber driver’s dash cam footage that depicted the incident. The dash cam portrayed 13 shots fired, as surveillance footage detailed Botchway approaching Baker at a bus station and shooting him multiple times.

“This is just an execution style murder,” said the prosecutor, adding, “If I had a penny for every time we say this is a tragic case… this is a tragic case.”

“He was just shooting all over the place,” the prosecution insisted, stating “this is not a war zone, this is Washington, D.C.”

As for the shooting, the prosecutor argued “it could have taken many more lives,” citing the multiple individuals who were in the vicinity of the incident.

“[Baker] was just begging for his life… the circumstances, the crime itself, what he inflicted is absurd,” the prosecutor cried.

“[Botchway] is young enough to spend some time [in prison] and come home to make something of himself. We can’t say that about Baker,” the prosecution insisted.

“It’s really hard for anyone to spend a day in jail,” he argued, but was firm that Botchway had “benefited” from the plea deal, despite his criminal history being “not good.”

The prosecution told Judge Brandt that Baker’s family was “vehemently against” the plea deal, as they requested a 20 year sentence.

“There’s two families whose lives have been impacted by this,” said Kevin Mosley, Botchway’s defense attorney.

“This is a terrible decision that he made… he is the most devastated young man I’ve had to visit at the jail,” he claimed, stating Botchway is “emotionally torn up about what he did.”

“The thing he feared the most he perpetrated,” Mosley insisted, arguing that Botchway had been a victim of gun violence and had always worried about becoming a homicide victim.

“What he did is terrible,” Mosley said, citing that untreated trauma, drinking, and machismo played a part in Botchway’s decision making.

“He’s a sweet young man. He’s trying to be something that he’s not,” he stated, requesting Judge Brandt order “the trauma treatment he is in such desperate need of,” as he asked her to impose a 16 year sentence.

“I’m responsible for taking another person’s life… I don’t expect forgiveness,” Botchway told Judge Brandt, adding he’s dedicated to his recovery.

Following Botchway’s statement, Baker’s family member stated “The family won’t and don’t forgive him,” adding they considered his actions an execution because “that was an overkill.”

“He should struggle,” she proclaimed, adding “What he did was wrong.”

“In sentencing days, no one wins,” said Judge Brandt, expressing her sorrow for Baker and Botchway’s mothers, adding “one lost a son to the grave, and one that is losing her son to prison… neither expected that.”

“I can sympathize, and I can even empathize,” she told the parties, however, “ I can’t make a decision based on emotion.”

“This was not like you, to do something like this,” Judge Brandt told Botchway, citing his family’s letters to the court in which they expressed shock and confusion for his actions.

“In your young years, you’ve walked through some trauma… more than people your age,” she added, stating “the videos are worth a thousand words. You walked up to that bus stop and unloaded a gun.”

“He is NOT the victim,” one of Baker’s family members told the court through the WebEx chat.

“I’m struggling,” Judge Brandt said, stating the range “might as well be the same number to me… taking away the liberty is the punishment.”

“On behalf of the citizens of the District of Columbia, I accept your apology,” Judge Brandt told Botchway, before ordering her courtroom clerk to shut down the WebEx streaming due to “disrespectful comments flooding in,” which included comments such as “this is bulls***.”

“You will not be disrespectful in a courtroom,” Judge Brandt told people in the gallery.

“Good luck,” she told Botchway as he was escorted out by Marshals.

Murder Defendant’s Attorney Files Motion for His Release

Defense attorney Kevin Mosley argued in a motion filed on May 30 that his client, Jelani Cousin, could be released from jail to stay with his mother pending trial without risk of flight or danger to the community.

Cousin, 18, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 18-year-old Ashlei Hinds on Jan. 1 at a hotel on the 4000 block of Military Road, NW.

According to arrest documents, Cousin was attending a party in a hotel room with several other young people when an altercation took place. Cousin allegedly fired a handgun at the hotel room door from the outside, striking and killing Hinds on the opposite side of the door.

In his motion to modify Cousin’s release conditions, Mosley stated that Cousin has lived in DC his entire life and has many family and community members willing to attest to his character.

Mosley pointed out that Cousin’s mother, who has offered to house him with electronic monitoring, originally brought Cousin to the police station so that he could turn himself in two days after the incident for which he is being charged.

During a hearing on May 31, the prosecution asked DC Superior Court Judge Michael O’Keefe for more time to respond to the motion.

Mosley told Judge O’Keefe that one of the US Marshals who usually transports Cousin between the DC Jail and the DC Superior Court habitually harasses Cousin and calls him “the New Year’s Guy,” based on the date of the shooting for which Cousin is charged. Judge O’Keefe expressed willingness to end the harassment.

The next hearing is scheduled for June 28.

Convicted Murderer Refused to Get Off the Bus for Sentencing

After being found guilty of murder, Terrell Poe failed to appear for his sentencing hearing before DC Superior Court Judge Michael O’Keefe on May 31.

Poe, 37, was convicted by a jury on Feb. 15 of first-degree murder while armed, possession of a firearm during a crime of violence, and illegal possession of a firearm with a prior conviction greater than one year for his involvement in the fatal shooting of 30-year-old Christopher Washington on Sept. 23, 2020, on the 400 block of Southern Avenue, SE.

On the morning of the sentencing, Poe took the bus from the jail to court, but a US Marshal reported that “[he] refused to get off the bus.”

Poe’s attorney, Marnitta King, told Judge O’Keefe that Poe was also refusing to meet with her.

King stated that Poe’s family had been receiving threats, and that hostile individuals had found Poe’s Presentence Investigation (PSI) report publicly available online and posted it to Poe’s Instagram account.

At King’s request, Judge O’Keefe agreed to seal Poe’s PSI report.

The prosecution argued that Poe should be assigned a criminal history score of five, based on prior convictions for burglary and conspiracy to commit armed robbery. King told Judge O’Keefe that she plans to respond to the prosecution’s argument in writing.

The parties are slated to meet again on June 14. If Poe does not show up to this sentencing hearing, they will have to push the date back again.

Murder Suspect Wants Trial Delayed Over Fair Jury Concerns

Before DC Superior Court Judge Marisa Demeo, defense attorney Dominique Winters filed a motion on May 30 to reschedule a July 20 trial because her client didn’t think a racially balanced jury would hear his case.

Kenneth Wayne Stewart, 62, is charged with first-degree murder while armed and assault with a dangerous weapon for allegedly stabbing 54-year-old Courtney Jones to death on July 23, 2020 at the 2300 block of Pennsylvania Avenue, SE.

According to court documents, the defendant allegedly assaulted the victim in a van after an argument. Police found Stewart walking on a highway allegedly with a bloody knife that had pieces of flesh on it.

At the hearing, Winters stated that her client wanted a jury that represented a fair cross section of the community as guaranteed by the Sixth Amendment, even if it meant postponing the trial date until next year and being detained for longer than anticipated.

Winters stated that “Black jurors were severely underrepresented” in recent trials at the DC Superior Court, pointing out two trials where 13.7 percent and 20 percent of the jury pool were black. The DC Public Defenders commissioned an analysis showing that black jurors were underrepresented by 10.5 percent relative to the city’s population.

Dozens of felony cases during COVID were decided by panels with too few black members say the defendants. Legal action has been pending for two years to get the outcomes reconsidered. Meanwhile, the DC Superior Court says its jury selection process is effective and unbiased.

According to Winters, the issue is something her client “feels strongly about” and is “not willing to waive.”

“I understand it’s an important issue for him,” acknowledged Judge Demeo.

The prosecution opposed the motion, expressing a desire to start trial right away since the next potential trial date is November 2025 and the defense could always appeal the case.

Judge Demeo ordered the parties to file written briefs and will rule on the motion of continuance next week.

The parties are slated to return on June 3.

Prosecutors Extend a Plea Offer to a Homicide Defendant

Prosecutors alerted DC Superior Court Judge Anthony Epstein that they extended a plea offer to a homicide defendant during a May 31 hearing.

John Dickens, 46, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 41-year-old Kelvin Hamlett, who was left in his burning car, on the 1500 block of Gales Street, NE, on Nov. 12.

According to the prosecution, they extended a plea deal to cap charges at second-degree murder while armed in exchange for not seeking an indictment. Through the plea, parties would agree to a sentencing at the bottom of the sentencing guidelines.

If the deal is not accepted the prosecution will be seeking to indict Dickens on first-degree murder while armed among other charges.

Dickens’ has yet to accept or decline the plea offer due to a recent change in attorneys.

Parties are slated to return June 28.

Defendant Enters Not Guilty Plea in Fatal Stabbing of Romantic Partner

A homicide defendant pleaded not guilty before DC Superior Court Judge Anthony Epstein, during a May 31 hearing.

Reginald Jones, 66, is charged with first-degree murder while armed for his alleged involvement in the fatal stabbing of his romantic partner, Regina Morris, 52. The incident occurred on May 28, 2023, at the unit block of Potomac Avenue, SE. Morris succumbed to her injuries May 29, 2023.

During the arraignment, Jones’ attorney Madalyn Harvey, alerted the court Jones was pleading not guilty to the charges and asserted his constitutional rights, including a speedy trial.

Harvey also requested property seized during Jones’ arrest be returned to him. Judge Epstein granted the motion, and ordered the prosecution to return a necklace and a wedding ring that Jones was wearing at the time of arrest.

The court is set to reconvene on Oct. 11 for a status hearing. The current trial date is set to be in April 2026.

Murder Defendant Awaits Federal Release Before DC Murder Trial

A homicide defendant’s lawyer told DC Superior Court Judge Rainey Brandt on May 31 his client is set to be released from Immigration and Customs Enforcement (ICE) custody and returned to the District in the coming days. She was previously released from the DC Jail.

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

Garcia’s attorney, Jason Tulley, asked the judge to release Garcia pointing out that she had been compliant prior to being rearrested for a pending deportation.

“We have no control over when she’s going to be released,” Judge Brandt reminded the parties, adding it is the immigration court’s decision and not hers.

The prosecution said they are hoping for an indictment sometime next week.

“You’re giving me something to dream about,” Judge Brandt said.

Tulley added Garcia will be under supervision when released from a federal facility in Georgia.

Regarding a future trial date, Judge Brandt requested parties agree before coming to court.

Parties are set to reconvene for what Judge Brandt called a “more robust conversation” and Garcia’s possible arraignment on June 7.

Document: UPDATE MPD Investigating Northwest Homicide

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on May 18 on the 1200 block of V Street, NW, and is seeking the public’s assistance in locating and identifying the suspect.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a juvenile male suffering from gunshot wounds. He was transported to a hospital for treatment.

On May 20, the victim succumbed to his injuries. He was identified as 16-year-old Devon Sharp.

The suspect was captured by surveillance footage.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide in the District.

Document: MPD Searching for Suspect in a Northeast Assault with a Dangerous Weapon

The Metropolitan Police Department (MPD) is requesting the community’s assistance in identifying a suspect in connection to a non-fatal shooting that occurred on May 28 on the 4300 block of Nannie Helen Burroughs Avenue, NE.

According to MPD documents, the victim reported being parked in the area when a suspect approached her and pointed a firearm at her. As she drove away, the suspect discharged the gun in her direction. No injuries were reported.

A photo of the suspect was provided.

Document: MPD Makes Swift Arrest in Minnesota Ave NE Homicide

The Metropolitan Police Department (MPD) announced an arrest in connection to a fatal shooting that occurred on May 27 on the 4000 block of Minnesota Avenue, NE.

According to MPD documents, officers responded to the location for the report of a shooting. There, they located an adult male suffering from multiple gunshot wounds. He died at the scene.

The victim was identified as 23-year-old Chidozie Njoku.

Officers at the scene observed a man matching the suspect description fleeing the scene. They followed him and placed him under arrest. A firearm was recovered.

Shannon Updike, 20, was arrested and charged with first-degree murder while armed.

Document: MPD Investigating Homicide in Northwest

The Metropolitan Police Department (MPD) is investigating a fatal stabbing that occurred on May 26 on the 500 block of Harvard Street, NW.

According to MPD documents, officers responded to a call for a stabbing at the location, where they located an adult male suffering from multiple stab wounds.

He was transported to a local hospital, where he succumbed to his injuries. MPD’s investigation suggests the offense occurred inside a residence in the block where the victim was located.

He was identified as 58-year-old Tommy Hudson.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide in the District.

Document: MPD Makes Quick Arrest in Northwest Shooting

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a shooting that occurred on May 26 on the 1800 block of M Street, NW.

According to MPD documents, officers responded to the location for the report of a shooting. They located an adult male suffering from gunshot wound injuries, and he was transported to a local hospital for treatment.

Moments later, MPD officers located and arrested the suspect in the shooting, and recovered his firearm.

Based on the investigation, 39-year-old Donte Francis Scott was arrested and charged with assault with intent to kill.

Document: MPD Seeks Suspect in Shooting Near Union Station

The Metropolitan Police Department (MPD) is seeking the public’s assistance in locating and identifying a suspect involved in a shooting that occurred on May 25 on the unit block of Massachusetts Avenue, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male suffering from a gunshot wound. He was transported to a local hospital for treatment of non-life-threatening injuries.

The suspect was captured by surveillance footage.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each violent crime in the District.

Judge Hears Testimony About Random Shooting That Injured Girl at Dunbar High School

A lead detective’s testimony continued on May 29 before DC Superior Court Judge Maribeth Raffinan about a stray bullet fired at Dunbar High School that seriously injured a girl inside the building.

Saki Frost, 17, is charged with two counts of assault with intent to commit any other crime while armed, two counts of assault with intent to kill while armed, two counts of assault with a dangerous weapon and six counts of possession of a firearm during a crime of violence.

Azhari Graves, 18, is facing eight charges including two counts of assault to kill while armed, two counts of assault with a dangerous weapon and four counts of passion of a firearm during a crime of violence for their alleged involvement in a shooting at the school on the 1200 block of Kirby Street, NW, on May 4.

Frost is charged as an adult under Title 16 giving prosecutors latitude in how they try minors accused of serious crimes.

According to court documents, a juvenile girl survived a grazing head wound when a bullet pierced a classroom window. A witness said blood was pouring from the victim’s head and the injury that was deep enough to see her skull. The incident drew a massive response of emergency personnel and Metropolitan Police Department (MPD) officers to the scene.

Hannah Claudio, Grave’s defense attorney cross examined the lead detective on the case, asking about other shooting victims who were in a nearby Chevy Cruze which was also the object of gunfire.

Claudio noted the vehicle was reported stolen and that two of the five individuals in the car, who are listed as victims in this case, are also suspects in a carjacking.

The defense argued since the Chevy Cruze was being driven erratically those inside the vehicle may have had ulterior motives for being in the area and that Graves and Frost may have been acting in self-defense against a perceived threat.

Claudio questioned the victims’ credibility pointing out multiple inconsistencies in their interviews.

According to one victim’s statement, there were two males and two females in the Chevy Cruze. However, surveillance footage revealed that five individuals fled the scene.

A preliminary hearing in the case is schedule for June 20.