Defendant Gets Consecutive Sentence After Committing Another Crime

Parties in a 2018 homicide case argued whether a defendant’s new sentence should be served concurrently or consecutively to a previously imposed penalty before DC Superior Court Judge Maribeth Raffinan, in a May 28 hearing.

Bernard McKinney, 23, was initially charged with first-degree murder while armed while committing a robbery, robbery while armed, assault with intent to commit robbery while armed, attempt to commit robbery while armed, and four counts of possession of a firearm during a crime of violence for his involvement in a robbery on June 12, 2018 on the 300 block of 50th Street, NE. One of the victims, 24-year-old Daymond Chicas, was killed by an unidentified person during the incident. According to the prosecution, McKinney had more contact with the surviving victim during the robbery.

McKinney was 17 when the incident occurred.

On Nov. 5, 2020, the defendant accepted a guilty plea for armed robbery in exchange for a dismissal of all other charges.

On May 11, 2021, DC Superior Court Judge Neal Kravitz sentenced McKinney to six years of incarceration and five years of probation after release, along with 90 hours of community service.

He agreed to sentence him under the Youth Rehabilitation Act (YRA), which effectively sealed his case after he successfully completed his sentencing requirements.

During his release on probation, McKinney was charged with two counts of robbery while armed and two counts of possession of a firearm during crime of violence for his involvement in a robbery that occurred on July 4, 2023 on the 900 block of Maine Avenue, SW, leaving one victim with a head injury after being struck with a handgun.

McKinney was also linked to a second armed robbery on July 9, 2023 on the 500 block of Water Street, SW, which left two victims uninjured.

On May 28, McKinney accepted a guilty plea in connection to the 2023 incidents, and was sentenced by DC Superior Court Judge Erik Christian to eight-and-a-half years of incarceration.

Pierce Suen, McKinney’s defense attorney, requested Judge Raffinan allow McKinney’s new sentence be served concurrent with his original sentence from his case in 2018.

McKinney addressed the court saying “I’m sorry. I can do better and I will do better.”

The prosecution requested that the sentences be served consecutively because the defendant “had a chance to put it all behind him” after being released and “yet committed another armed robbery.”

Judge Raffinan ruled that the sentences would run consecutively because it relates to “separate victims and separate charges.”

Mckinney has three years left to serve on his 2018 case.

No further dates were set.

Case Acquitted: Identity Expert Testifies for the Defense in a Homicide Case

Editor’s note: On May 30, a jury acquitted Devonte Brothers of all charges connected to the homicide of Deron Leake. Brothers is still being held on homicide charges in another case.

In a homicide case that relies heavily on eyewitness evidence, an expert in memory, cognition, and perception testified for the defense on May 28 about eyewitness reliability.

The professor of psychology at John Jay College in New York City, reviewed the identification process of the suspect in this case, assisted by various interviews with eyewitnesses, police paperwork, and body camera video.

Davonte Brothers, 29, is charged with first-degree murder while armed, assault with intent to kill while armed, assault with dangerous weapon, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in the fatal shooting of Deron Leake, 27, at an apartment complex on the 4200 block of 6th Street, SE on October 17, 2019. Another victim was injured, but survived from gunshot wounds.

According to the expert witness, in Brothers’ case there were a number of factors at the time of the incident that could limit the ability of an eyewitness to “decode” the suspect.

She referred to the low lighting conditions, length of exposure time to the suspect, and partial disguises, such as the shooter wearing a hoodie, as impediments that could lead to the inaccurate identification of a suspect.

In addition, she mentioned the impact of stress on an eyewitness in the presence of a weapon and being surrounded by multiple people, as opposed to one individual, as distractions that could divert an individual’s attention away from the suspect.

“If you have a long period of time, you have a better shot at [identifying the individual],” said the expert witness. She also stated that the shorter amount of time an event is, the less likely an individual will remember it, and the faster one will forget their recollection about it.

“Attention is a finite resource, you only have so much of it,” she asserted, adding that “If you’re looking at a weapon, you’re not looking at a face.”

Then the prosecution asked if there was one factor that outweighed all the others in hindering an identification of a suspect.

She could not choose one factor, as the process of “encoding” was multifaceted. “It’s all about how much attention [the eyewitness] paid,” she stated.

According to the witness, in approximately 400 wrongful conviction cases, 69 to 70 percent have been wrongful convictions because of mistakes in identifying the suspect. However, the prosecutor pointed out the witness was paid thousands of dollars by the defense and generally testifies on behalf of the accused.

The defense renewed its motion for judgment of acquittal, after previously being denied on May 22.

Defense attorney Molly Bunke argued that based on the expert witness’ testimony, the witnesses at the incident were “unreliable.”

“The primary information in this case is from witnesses,” added Bunke, referring to the amount of evidence based from individuals at the scene.

DC Superior Court Judge Anthony Epstein quickly denied the motion, stating that the sole addition of the expert witness on the defense’s side would not prevent a reasonable jury from believing Brothers committed the crime beyond a reasonable doubt.

The parties are slated to reconvene on May 29 for closing arguments.

Judge Continues Detention for Teen Accused of Fatal Beating

DC Superior Court Judge Kendra Briggs sided with prosecutors and ordered that a 13-year-old murder suspect should remain in the custody of the DC Youth Rehabilitation Services (DYRS) agency until trial.

At a May 29 hearing, the judge said that the adolescent’s defense counsel had failed to show that the child would not be a danger to the community and would appear at future court proceedings.

“At this time the placement [in detention] will continue,” said Judge Briggs.

The 13-year-old, along with another 13-year-old and a 12-year-year-old are all charged with second-degree murder, assault and conspiracy in the fatal beating of 64-year-old Reggie Brown. The incident occurred Oct. 17, 2023, on the 6200 block of Georgia Avenue, NW. A Metropolitan Police Department (MPD) detective previously testified that the victim was disabled with no apparent connection to his assailants.

The 13-year-old girl, dressed in a pink shirt, sat quietly throughout the hearing, occasionally smiling at onlookers in the courtroom.

As part of her argument, the teen’s attorney said she was in danger at the detention center and requested to move the teen to a shelter house.

The lawyer also emphasized the defendant isn’t in school nor is she receiving regular instruction, a particular problem in that she’s been designated as a special needs student. Stepping down her detention to a shelter house would provide more opportunities for study even though the school year is nearly completed, the lawyer said.

“She would receive much more supervision at a shelter than at home,” said her lawyer, suggesting that would increase the likelihood of the teen’s compliance with release conditions.

Judge Briggs acknowledged that the teen’s family was trying to provide support and assist her, but cited a recommendation from the Court Services and Offender Supervision Agency (CSOSA) that the youth remain detained at DYRS.

Speaking outside the courtroom to D.C. Witness an advocate for the teen’s family said they were stressed “as any family would be” in their situation.

The trial for the three defendants is set for June 26 but may extend into September based on the time needed to argue the case and Judge Briggs’ crowded trial docket.

Defendant’s Ex-Girlfriend Testifies About Rocky Relationship with the Suspect

A shooting defendant’s ex-girlfriend, who is alleged to have been with him during the incident, told a jury in DC Superior Court Judge Marisa Demeo’s courtroom that she had never seen her ex-boyfriend with a gun but that he could be a “monster.”

Tyrone Astorias Johnson, 43, is charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, aggravated assault knowingly while armed, assault with a dangerous weapon, and assault with significant bodily injury while armed for allegedly firing multiple shots at an individual. The shooting occurred on Aug. 30, 2022 at a park on the 1500 block of Maryland Avenue, NE.

According to court documents, the victim told a detective that Johnson asked him for a cigarette, but the victim responded he did not have one. Johnson then reportedly removed a firearm from his waistband area and began firing at the victim.

At a previous hearing, surveillance footage showed individuals resembling Johnson and his girlfriend at the time near the scene and entering the park.

On May 29, trial resumed with the testimony of Johnson’s former girlfriend, who was jailed to assure her appearance in court.

She previously testified to hearing at least two shots fired at the park, but claimed to not see the shooter as she was heading in the opposite direction. She also testified that her immediate reaction was to run.

The ex-girlfriend was shown multiple surveillance footage videos by the prosecution, in which she identified herself and Johnson walking into a fenced courtyard area of the Pentacle Apartments, an apartment complex near the scene.

In the footage, the two individuals enter an apartment building together and go separate ways. The defendant’s grandfather is believed to have an apartment in the building, according to the ex-girlfriend.

According to the ex-girlfriend, she never entered an apartment and has no knowledge of whether Johnson entered one or what he would have done inside one.

Shortly after leaving the building, someone resembling the ex-girlfriend is seen walking alone on video surveillance in the direction of her apartment building. The ex-girlfriend then confirmed that Johnson later arrived at her apartment.

When questioned by the prosecution about what she did when she went home, when Johnson arrived at the apartment, and what they talked about, the witness stated she could not remember.

The prosecution presented a jail call between the ex-girlfriend and Johnson where they were having an argument on Sept. 23, 2022.

In the call, the ex-girlfriend shouts at Johnson, “You don’t give a f*ck [about me].” The ex-girlfriend testified that it was possible the argument was about the victim of the park shooting.

The prosecution then brought up an incident that occurred a week before the park shooting on Aug. 23, 2022, during which the ex-girlfriend called 911 because she got into an argument with an individual believed to be Johnson over not receiving her apartment keys who ended up firing shots.

Despite being shown part of the 911 call and video surveillance where Johnson’s voice is identified and shots are heard, she testified “I don’t remember physically seeing him shooting.”

“I was distraught, is all I remember,” stated the ex-girlfriend. She quietly muttered “that man is a monster,” in reference to Johnson.

Throughout her testimony, the ex-girlfriend was shown transcripts of her grand jury testimonies from Oct. 24, 2022 and Nov. 2, 2022 by the prosecution to refresh her memory. At times, the ex-girlfriend was uncooperative looking in the opposite direction or not reading along.

“I don’t need you to show me anything. You can read it,” she said to the prosecutor, as he attempted to refresh her recollection.

While being questioned by Joseph Fay, Johnson’s defense attorney, the ex-girlfriend broke down in tears, asserting “It’s been so traumatic with losing my apartment and [the rights to] my son.” In her earlier testimony on May 23, she stated she lost her special needs son and apartment because of the August 30 incident, mentioning how she is now homeless.

She mentioned that she takes medication for medical conditions which interfere with her memory, leading Fay to ask if her grand jury testimonies were more accurate, to which the witness agreed.

Fay also alluded to the ex-girlfriend that she and Johnson entered the Pentacles building after the park shooting because it was a sturdy brick building, ideal for safety.

Additionally, the ex-girlfriend admitted that there “could have been more than two people in the park,” although she previously testified that she only saw two males.

Once the ex-girlfriend’s testimony finished, she was very emotional leaving the courtroom, wiping tears from her eyes. “I get to go home,” she exclaimed, after being detained for multiple days due to her previous refusal to appear as a witness.

Following the ex-girlfriend’s testimony, the prosecution called on a Metropolitan Police Department (MPD) detective who was involved in the photo array identification process of the suspect.

According to the detective, he presented the victim with a photo array which included nine images of men with similar features. One of the images, he testified, was of Johnson.

Furthermore, the detective mentioned that on the day of the incident, a search warrant was performed in the ex-girlfriend’s apartment, which is where Johnson resided and was arrested prior to the search. A Nike shirt and blue Jordan brand shoes were displayed as evidence in the courtroom, which the defendant was reported to be wearing at the time of the incident.

Trial is slated to resume May 30.

Judge Sentences Remorseful Homicide Defendant to 20 Years

DC Superior Court Judge Marisa Demeo sentenced a homicide defendant to 20 years for his involvement in a 2022 murder, during a hearing on May 29.

Travon Diggs, 30, was originally charged with premeditated first-degree murder and possession of a firearm during a crime of violence for his involvement in the fatal shooting of Junior Lee Johnson, 45, on May 2, 2022, on the 1600 block of Benning Road, NE.

Diggs shot Johnson multiple times when he was walking away from him on the street. Shortly after, Diggs sped home in a rental car.

On March 19, Diggs accepted a plea deal, which required him to plead guilty to second-degree murder while armed in exchange for a dismissal of all other charges. Through the deal, parties agreed to a sentencing range of 14-to-20 years of imprisonment.

At the hearing, Johnson’s son, older sister, and niece delivered impact statements. They addressed the effect that Johnson’s death has had on their family, as well as the unanswered questions they have been left to wonder.

“I just want to know why?” said his sister, adding “My brother was a good brother, he was a good person.”

“We just want justice, that’s all,” Johnson’s sister told Judge Demeo.

The prosecution argued that the defendant should not be granted even more “leniency” in sentencing, given that he accepted an already generous plea deal.

Additionally, the prosecution stated that the incident occurred over a “trivial family dispute” and Diggs purposely looked for Johnson, shooting him “in point blank range.”

“It’s just a terrible, terrible crime. The worst one can commit in the city,” stated the prosecution.

However, Errin Scialpi, Diggs’ defense attorney, said her client has had “a very difficult time” processing the incident and “does not have the coping mechanisms” necessary to do so. She emphasized Diggs’ traumatic family dynamic and untreated mental health problems, including bipolar disorder, ADHD, depression, and anxiety.

Scialpi claimed that a significant influence on her client has been the presence of “fear and paranoia that he has experienced his whole life.”

Furthermore, Scialpi admitted the incident “is tragic for [Johnson’s] family,” but asserted, “it is tragic for Mr. Diggs that he has had a difficult upbringing.”

She read an apology letter written by Diggs, in which he wrote “I don’t know how to express how I feel about this situation because someone lost their life.” He admitted his regrets about what happened that day and took responsibility for his actions.

In response, Johnson’s niece expressed on WebEx, “He’s not sorry. He can read his own letter.”

Ultimately, Judge Demeo cited the serious and violent nature of the crime, Diggs’ mental health diagnoses, and the defendant’s criminal record in deciding Diggs’ sentencing term.

A “significant jail sentence is appropriate,” stated Judge Demeo, as she imposed the 20 year sentence, also highlighting that the sentence should reflect just punishment and adequate deterrence.

Judge Demeo ordered Johnson to participate in substance abuse and mental health treatment, as well as anger management.

Document: Man Arrested for Fatal U Street Shooting

The Metropolitan Police Department (MPD) announced the arrest of an individual in connection to a fatal shooting that occurred on April 27 inside a restaurant on the 1300 block of U Street, NW.

According to MPD documents, officers in the area heard the sounds of gunshots and responded to the restaurant, where they located a man with gunshot wounds. Despite all life-saving efforts, he succumbed to his injuries.

The victim was identified as 43-year-old Kenneth Goins.

On May 22, 40-year-old Robert Lowe was arrested and charged with second-degree murder while armed.

Document: Suspects Apprehended for Shooting at Off Duty MPD Member

The Metropolitan Police Department (MPD) announced two suspects were apprehended in connection to a shooting that injured an off-duty MPD captain on May 20 on the 5800 block of 7th Street, NW.

According to MPD documents, officers received a call for a shooting at the location, as the off-duty MPD captain was driving his personal vehicle to work. He spotted a vehicle driving erratically in front of him. The car stopped, one suspect got out, and shot at the captain’s vehicle.

The captain was injured and drove his vehicle to a station for assistance, where he was transported to a hospital for treatment of injuries.

The captain was able to note part of the suspect vehicle’s license plate, which was relayed to the Real Time Crime Center (RTCC). They located the vehicle near in NE, and alerted officers from the Fifth District, who pursued the vehicle into Landover, MD, where the vehicle was involved in a single-vehicle crash. Two suspects were taken into custody by PG County Police Department.

Rasheed Thorne and William Walker, both 21, are wanted and will go through the extradition process for assault with a dangerous weapon (gun).

Page 1 of 5.21.24 Suspects Apprehended for Shooting at Off Duty MPD Member Captain 5800 block of 7th Street, NW CCN 24075639

Contributed to DocumentCloud by LaTrina Antoine (D.C. Witness) • View document or read text

Document: MPD Arrests Suspect in Northeast Shooting

The Metropolitan Police Department (MPD) announced the arrest of an individual in connection to a shooting that occurred on May 5 on the 3800 block of Jay Street, 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. The man was taken to a hospital for treatment of non-life-threatening injuries.

On May 19, MPD arrested and charged 46-year-old Antonio Lucas with assault with a dangerous weapon (gun).

Document: MPD Investigating Northwest Homicide

The Metropolitan Police Department (MPD) is investigating a fatal shooting that occurred on May 20 on the 7300 block of Blair Road, NW.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a man suffering from gunshot injuries, with no signs consistent with life. He was pronounced dead at the scene. The victim was identified as 21-year-old Rashaud Johnson.

A short time later, another victim was located on the 800 block of Fern Street, NW, and was transported to a hospital for treatment of non-life-threatening injuries.

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 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.

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.

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.

Lawyers Argue About Scheduling a Murder Trial Pending Furloughs by Public Defenders

The impact of an upcoming furlough in the DC Public Defender’s office weighed heavily during a hearing for a murder defendant before DC Superior Court Judge Robert Okun on May 23.

The question was when would Tyree Irving’s trial begin since it appeared Irving’s attorney, Madalyn Harvey, would not be available on the proposed start date of Aug. 19.

Irving, 27, is charged with first-degree murder murder while armed for allegedly shooting 22-year-old Davane Williams on Jan. 25, 2019, on the 1200 block of North Capitol Street, NW.

While a Public Defender work stoppage hasn’t been officially announced, a source at Superior Court tells D.C. Witness, it’s been widely mentioned by several Public Defense lawyers as well as prosecutors. The plan as described would be for the lawyers to avoid any trial or client work for one day a week.

The furlough situation has “prompted this hearing,” according to the prosecutor. If the furlough turns out to be on Mondays, that would reduce available trial days to three-a-week since Fridays are reserved for hearings.

“Essential trials must continue for the court to function,” said the prosecutor concerned about the large number of cases scheduled on the docket. He mentioned that there is a plan in place to provide resources during a government shutdown.

“That’s a government shutdown. This is a furlough,” said Harvey. She alerted the court that the situation is “out of control” and, “That’s where we are.”

Judge Okun said if Harvey were precluded from being in court as a result of the furlough, Irving couldn’t appear without representation. While the prosecutor insisted Irving’s trial should start on a Monday, Judge Okun said he was “not convinced.”

The prosecutor continued to press his case saying, “This is a new problem but the court has an obligation to move forward to trial.” He chided the public defenders’ plan to reduce their work schedule as “unprecedented,” that they should be expected to spend extended hours and suggested bringing in part-time defense lawyers on a special panel to fill the void.

As to the staffing problem, the prosecutor said it was “a self-inflicted wound” for not properly managing the agency’s money

“It was a mistake on behalf of Congress,” said Harvey and rejected any attempt to malign executives in her office as “unjustified.” According to a 2023 National Public Defense Workload Study, “Public defenders face extremely heavy workloads that prevent them from providing effective legal representation to people accused of crimes.”

Judge Okun said he wouldn’t issue an order compelling Public Defenders to work on Mondays because it “might be unlawful.”

Ultimately, Irving’s trial was supposed to start on Monday, Aug. 19 but was pushed back one day, setting up a three-day-a-week proceeding.

D.C. Witness made multiple attempts to contact the Public Defender’s Office for comment but have not heard back.

Another issue in the hearing was a defense motion to compel all information about a prosecution witness, who is currently incarcerated and could testify in exchange for a significantly reduced sentence.

Harvey characterized the witness as a “cooperator” who is out to “help himself.” Further, she claimed he has a bias and is desperate to curry favor. She said she wanted disclosures about the witness’s past efforts to help law enforcement in murder, extortion and robbery matters in Maryland.

“This man has been trying for a decade to get his sentence reduced,” said Harvey. “There’s no reason the government can’t provide specifics about witness 11,” she argued.

The prosecutor contended that his office has provided everything that’s necessary. “They’re not entitled to every case in which he’s been a cooperator,” he said. “We’re not trying to hide the ball.”

While denying the defense motion to compel, Judge Okun agreed that the prosecution should turn over information about the witness’ efforts to provide prosecution evidence, as long as his safety wasn’t compromised by releasing the material.

Judge Denies Convicted Murderer’s Motion for a New Trial

DC Superior Court Judge Michael O’Keefe turned down Marvin Lopez’s bid for a new day in court following his murder conviction last Nov. 14.

The basis for the appeal by his new attorney, John Machado, is that an individual identified as Lopez’s uncle wasn’t called to testify at trial, even though he was designated as a prosecution witness.

Lopez, 43, was found guilty by a jury of premeditated first-degree murder and possession of a firearm during a crime of violence for fatally shooting 27-year-old Evelyn Arroyo on Dec. 24, 2014, on the 3900 block of 14th Street, NW. Arroyo was Lopez’s former girlfriend.

Lopez attended the May 24 hearing and listened to the proceedings with the assistance of a Spanish language translator.

Judge O’Keefe wondered what new information the witness would be able to provide given that the prosecutors decided not to put him on the stand initially to support their argument that Lopez was guilty.

Machado said the witness was “exasperated with the government” after waiting all day to be called and “became uncooperative.”

The prosecutor said she was “a little at a loss, here,” why Lopez’s defense was “ineffective” simply because someone on the prosecution’s witness list didn’t testify on the defendant’s behalf. She said whatever his testimony might be, it is likely irrelevant and it “wouldn’t have moved the needle.”

“I don’t know that becomes grounds for a new trial,” said Judge O’Keefe. “Based on a witness that we don’t know anything about,” would he offer exculpatory testimony, asked O’Keefe?

Machado admitted he didn’t know what the uncle, who was also described as Lopez’s friend, would say. However, he said that the prosecutors had “poisoned the waters” by aggravating the individual and making him uncooperative. Further, he was “hidden” and kept apart.

The prosecutor said the witness didn’t have relevant information and that’s why he was released.

To backup defense claims that the witness might have value, Machado told the court one of Lopez’s former lawyers, Rachel McCoy, was outside the courtroom and prepared to say what she knew.

The defense decided not to call her after determining she wouldn’t be able to shed new light on the matter.

In the end, Judge O’Keefe said that since neither the prosecution nor the defense had called the witness the motion for a new trial was denied.

To prepare for Lopez’s July 12 sentencing, Machado wanted to review the trial transcript to “have a better understanding” of what happened.

Judge O’Keefe said that the court wasn’t going to relitigate the case and that the mandatory minimum for the crime is 30 years imprisonment.

Judge Detains Shooting Defendant Following Multiple Failures to Appear

DC Superior Court Judge Robert Okun ordered Tejan Bah detained following multiple failures to appear and loss of contact during his release for a shooting incident.

Bah, 34, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury, and two counts of assault with a dangerous weapon, among other charges, for his alleged involvement in a non-fatal shooting that occurred on Nov. 27, 2021, on the 2200 block of 25th Place, NE.

Judge Okun previously issued two bench warrants due to his failure to appear in multiple proceedings.

On May 24, Bah was present for the first time in months, prompting Judge Okun to dismiss the warrant for his arrest.

Gemma Stevens, Bah’s defense attorney, reported to Judge Okun that he is experiencing homelessness and medical issues that have caused difficulty in communicating with her and the Pretrial Services Agency (PSA), that was supervising his release.

Stevens requested Bah continue to be released, citing an attack he endured at the jail, which caused him to lose his vision, and has had a “very profound impact on his functioning,” including his cognitive abilities.

“He would be ultra vulnerable at the jail,” Stevens insisted.

“This is a very hard decision,” said Judge Okun, stating “it’s not just one time when he’s failed to show up,” referring to his multiple failures to appear.

Judge Okun insisted the community’s safety is not a concern, but rather his ability to return to court is.

Due to his failure to appear, Judge Okun revoked his release conditions and ordered he be detained pending future proceedings.

“Sorry about that, Mr. Bah,” said Judge Okun.

Parties are slated to return June 28.

‘I Want Justice for My Son,’ Says Victim’s Mother During Homicide Sentencing

DC Superior Court Judge Robert Okun sentenced a homicide defendant to 23 years of incarceration before more than 20 of the victim’s family and friends.

James Jackson, 30, was originally charged with first-degree murder while armed – felony murder for his involvement in the fatal shooting of 29-year-old Christian Gabriel Monje on May 30, 2022, on the 1700 block of Rhode Island Avenue, NW.

Monje was on the steps of a church when Jackson approached and engaged him in a struggle. Jackson shot Monje once in the head, before fleeing the scene.

Monje succumbed to his injuries June 16, 2022.

On Feb. 14, Jackson accepted a plea deal that required him to plead guilty to second-degree murder while armed, in exchange for the prosecution not seeking an indictment. Through the deal, parties agreed to a 19-to-23 year sentencing range.

“I want justice for my son,” said Monje’s mother during her victim impact statement on May 24, adding “Christian is more than photos, letters, and videos,” which they previously shared with Judge Okun.

“I was so proud of him,” she stated, claiming he was flourishing in the months leading up to his murder.

“Christian was going to be good, but his life was shattered,” said his mom.

As for the plea, the mother said, the defendant asked for multiple continuances to think about it, “but he didn’t think before he shot.”

“He took a life. My family is not complete,” she argued.

“I begged God to save [Christian],” she stated. However, she said, after watching him suffer, she “Begged God to take him.”

“I told him how much I love him, how much I’ll miss him,” she said about her final conversation with him. “The day he died, I whispered in his ear ‘I will be happy in your honor’.”

“From the time my son was born, he was a fighter,” cried Monje’s dad.

“I have to go every night to the cemetery to say goodnight to my son. I don’t think that’s right,” he proclaimed.

He too, asked for justice.

The prosecutor displayed a video, created by his family, which depicted images of his life and said “Recordando a nuestro amado Christian Gabriel. Viviras por siempre en nuestros corazones” – translated to remembering our beloved Christian Gabriel. You’ll live in our hearts forever.

Prosecutors insisted Jackson is a danger to the community, recalling his previous convictions, which included the stabbing of a victim on the chest.

“Christian was minding his own business,” said the prosecutor, adding Jackson confronted him on the church steps, shot him on the head and ran away with his bag.

Prosecutors credit the Combined DNA Index System (CODIS) for matching Jackson’s DNA from a Maryland case to Monje’s murder scene.

Had the match not been made, the prosecutor claimed, this case would have been “one of the many unresolved homicide cases in the District.”

According to the prosecutor, Jackson had been given multiple opportunities by judges in two Maryland jurisdictions, but he “kept reoffending and reoffending, until Memorial Day in DC, when he murdered Monje.”

“He saw someone who was vulnerable and took advantage of him,” the prosecution insisted.

He asked Judge Okun to not give him more chances, adding “we are asking this for the safety of the public.”

“The only thing that works is keeping him in prison,” said the prosecutor as he requested Judge Okun sentence him to 23 years.

“Jackson never meant for this to happen,” insisted Richard Finci, his defense attorney, adding “he has expressed extreme remorse.”

Finci discussed Jackson’s long standing substance abuse issues, adding he has previously attempted suicide, or overdosed, twice.

“He intends to come out a changed and better person,” Fici said, insisting Jackson will focus on becoming a better person to ensure he’s able to parent his twin children when he’s released.

Jackson corroborated Finci’s arguments, stating “I feel remorse daily,” adding that he was “an addiction fueled time bomb,” when the incident occurred.

“I would like to take accountability for my actions and ask for forgiveness,” he told Judge Okun.

“It’s obvious he meant a lot to a lot of people, and it’s obvious that he will be sorely missed,” said Judge Okun about Monje.

However, he stated, no sentence that he imposed would bring Monje back to his loved ones, or fill the hole his loss has left on their lives.

Judge Okun deemed the incident a “completely random, unjustified crime… the killing of a person,” stating that he considered the seriousness of the crime and Jackson’s criminal history for his sentencing.

“There is no doubt in my mind that a sentence at the top of the guidelines is necessary,” said Judge Okun, as he imposed a 23 year sentence.

Jackson will be required to serve a supervised release period of five years, register as a gun offender, and receive substance abuse and mental health assessments and treatments.

“For your sake, for your kids’ sake, and for the community’s sake, I hope that when you get out you can be a good member of society and not come back to Superior Court,” Judge Okun told Jackson.

No further dates were set.

Murder Defendant’s Sentencing Rescheduled Again

Once again, the sentencing hearing for a murder defendant was postponed due to a family emergency affecting defense counsel in a May 24 proceeding.

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

There have been six rescheduled dates/ times for Botchway’s sentencing hearing since its initial scheduling on March 8.

D.C. Witness previously reported that Botchway killed Baker by shooting him in the head and torso. According to the prosecution, Baker and two friends, one with whom he was arguing, were at a bus stop on U Street when Botchway approached them and shot Baker.

Officers with the Metropolitan Police Department (MPD) saw the suspect run away from the area of the incident, and engaged in a foot chase. The suspect was arrested shortly after, and a .40 caliber Glock 22 handgun was recovered in his possession.

According to the prosecutors, the shooting was unprovoked, and Botchway did so with malice and conscious disregard for Baker’s life.

DC Superior Court Judge Rainey Brandt rescheduled Botchway’s sentencing for May 31 at 2pm.

Search