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.

Acquitted: Defense Alleges MPD Failed to Investigate Leads in 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.

A homicide defendant’s attorney provided evidence to a jury in DC Superior Court Judge Anthony Epstein of other possible suspects, that a detective testified police did not investigate.

Devonte Brothers, 29, is charged with first-degree murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the murder of 27-year-old Deron Leake, also known as “Snoop”, on Oct. 17, 2019, at the Cascade Apartment Complex on the 4200 block of 6th Street, SE. The incident also left one individual with non-life threatening injuries.

On May 23, Dominique Winters, Brothers’ defense attorney, questioned the case’s lead detective from the Metropolitan Police Department (MPD) regarding his involvement in the investigation.

The detective stated he arrived at the scene of the incident to assist in the preliminary investigation and help canvas for evidence and suspects.

Winters questioned his ability to locate surveillance footage that depicted the scene in the moments leading up to, during, and following the shooting.

According to the detective, he and multiple officers canvassed the area for cameras that may have captured the homicide. However, he was unable to obtain one he believes could have captured it.

The detective testified that a woman, who lived across the street from the scene and had a camera facing towards the Cascade Apartment Complex, refused to turn over the footage to MPD.

Winters questioned if he had attempted to acquire it more than once, he testified that he had not.

In an attempt to prove MPD’s failure to fully investigate the incident, Winters displayed body worn camera footage that depicted the detective telling an officer the homeowner “ain’t f***ing with us,” adding, “I’m gonna get a subpoena and get all of her s***.”

However, the detective testified he never got the subpoena and was never able to acquire the video.

Winters also questioned the detective’s ability to find potential suspects with a motive to kill Leake.

According to Winters, an individual whom Leake had shot in 2017 had been released from the Department of Corrections’ custody three months before Leake’s murder.

However, she insisted MPD failed to interview him and find out his whereabouts at the time of Leake’s murder.

Prosecutors argued that was inaccurate, stating that the individual whom Leake had previously shot had been in the community between 2017 and 2018, after Leake had shot him, and had not attempted to kill Leake since.

They also insisted that, during a procedural photo array, the individual was unable to identify Leake as the shooter.

“A lot of times people aren’t willing to identify people that shot them,” Winters responded.

The defense also called on a cell phone forensics and cell tower data expert, who testified that Brothers’ phone was in the area of the incident at the time of the murder, but is unable to pinpoint the exact location of his cell-phone.

Parties are slated to return May 28.

Defense Attacks Identification Evidence in a Murder Trial

DC Superior Court Judge Marisa Demeo postponed rulings on outstanding motions in a fatal shooting incident in a May 22 hearing. Unresolved arguments among the parties led the prosecution to call a detective to the stand to testify about the initial investigation of the defendant.

Aaron Murchison, 28, is charged with second-degree murder while armed, 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 Jamontate Brown, 32, on Oct. 16, 2022. The shooting occurred outside an apartment complex located on the 2500 block of Pomeroy Road, SE.

According to court documents, Brown sustained multiple gunshot wounds and was found on a sidewalk lying on his back with his hands above his head. There was a handgun found on the victim.

There were 80 spent cartridge casings, four live rounds of ammunition, and 22 fragments recovered from the scene, as per court documents.

The documents also stated that detectives located a vehicle believed driven by the victim that had evidence of gunshot damage to the driver’s side.

A set of keys belonging to the vehicle were found on Brown, and when law enforcement arrived at the scene, they reported the vehicle near the victim with its engine running.

Court documents stated that a witness claimed the victim must have fired first and then tried to run, which prompted the defendant to start shooting at him.

On April 3, Kevann Gardner, Murchison’s defense attorney, filed a motion to suppress identification testimony from evidence.

At the hearing, the defense argued for the elimination of information received from a certain witness who allegedly identified Murchison in surveillance footage after detectives presented a photo of him to the witness.

Surveillance footage presented in court shows numerous men, including an individual identified as Murchison, coming in and out of a stairwell in the apartment complex around the time of the shooting.

Gardner stood firm in his argument, stating that the identification was suggestive as opposed to spontaneous, arguing that there was no probative value to the identification made by the witness.

“We don’t believe that happened,” Gardner asserted, referencing the defense’s disbelief that the witness who allegedly identified his client “spontaneously spoke up.”

Gardner insisted on further examination of the information for reliability.

In response, the prosecution presented a detective from the Metropolitan Police Department (MPD) who assisted the lead detective in the investigation.

The detective was called to the crime scene and assisted in canvassing shell casings on scene and locating a vehicle believed to be related to the incident.

However, the detective was not present for the initial showing of video surveillance footage to the witness, which he said occurred in the leasing office at the apartment complex, and was not involved or present during the photo identification procedure with the witness.

He later joined in reviewing surveillance footage at the apartment complex and was in the room with the witness and other detectives.

During his testimony, the detective could not recall details such as who was in the footage review room with him, how big the room was, and whether the surveillance footage was played on a computer screen or a television monitor.

“You don’t know because it was a year and a half ago?” asked Gardner multiple times throughout the testimony, to which the detective concurred.

Gardner also questioned the detective on his knowledge of the photo identification procedure and if he knew what was said between the detectives and the witness. Gardner raised hypotheticals about what the detectives in the room could have told the witness.

“Because anything could have happened in that room?” asked Gardner, eliciting a chuckle from the detective.

Additionally, Gardner alluded to MPD’s possible prejudice towards the Murchison family.

Prior to the detective’s testimony, Gardner stated that the U.S. Attorney’s Office is very familiar with the defendant’s family as Aaron Murchison’s brothers Antonio Murchison, 31, and Isaiah Murchison, 24, have been prosecuted for murder in DC.

When questioned about the number of suspects in the incident, the detective stated that Aaron Murchison was the only person whose name was mentioned as a suspect in an MPD debrief meeting that was held in October 2022.

Gardner inquired about why there was originally only one photograph presented to the witness who allegedly identified Aaron Murchison, as opposed to showing a photo array.

The defense attorney stated all three of the Murchison brothers could have been shown to the witness as it would have been consistent with the witness’ knowledge of the individual identified in the surveillance footage.

“I’m not sure why [the detectives] didn’t show multiple photos,” stated the detective.

The detective stated that the exact photo that was shown to the witness for identification was a photo that came from an email sent from a criminal research specialist. The email was shown in court with parts redacted, but included identifying information related to the defendant. Its subject line read, “Relatives for [defendant’s mother] and Photo of her Possible Son.”

At the end of his testimony, the detective stated that he did not believe he was aware that the defendant’s mother had three sons, but later found out that two of the sons were incarcerated at the time of the incident.

Judge Demeo postponed the previously scheduled trial to June 6, due to outstanding motions.

The defense was adamant in starting trial as soon as possible, but requested that a motions hearing be held at least a week in advance of the start date of the trial.

Judge Demeo will rule on the motions on May 29.

Judge Releases One Defendant in 2022 Homicide to BoP

During a hearing, DC Superior Court Judge Michael O’Keefe decided to release one defendant while holding another. Both defendants are charged with the 2022 murder of Brian Buxton.

Aaron Walker, 19, and Dasani Dawson, 19, are charged with first-degree murder while armed for allegedly shooting 20-year-old Buxton on Aug. 9, 2022, on the 100 block of Irvington Street, SW. Braxton sustained, what a physician termed as as “unsurvivable brain injury” after being shot in the head.

During the May 23 hearing, Dawson’s defense attorney, Elisabeth Sapirstein, requested her client’s release after the prosecution requested a 30-day extension to produce an indictment in the case.

According to the prosecution, an extra 30 days was needed to secure one last witness, who is “essential” to present to the Grand Jury.

Walker’s attorney, Brandi Harden, debated the indictment extension, saying the requested time was over the 20-days allowed according to the statute. She also moved to dismiss the case against her client.

The prosecutor told Judge O’Keefe that a 20-day extension was enough time to secure the indictment. The prosecutor expects to have an indictment by June 12.

D.C. Witness previously reported that Judge O’Keefe found probable cause that Walker and Dawson were the perpetrators in Buxton’s death, and the prosecution has enough evidence to move the case to trial.

The judge refused to dismiss the case, saying he was prepared to release the defendants. Harden withdrew her request for Walker’s release.

Judge O’Keefe released Dawson, who is slated to transfer to the Bureau of Prison’s (BOP) custody to begin an eight-year prison sentence, for an unrelated crime. She pleaded guilty in April of 2023 to aggravated assault knowingly while armed and possession of a firearm during a crime of violence for a shooting that occurred on Aug. 4, 2022, on the 800 block of Chesapeake Street, SE.

Walker is also being held in another case for his alleged involvement in a domestic violence-related shooting on August 2, 2022, on the 1600 block of Fort Dupont Street, SE. According to court documents, Walker allegedly shot an ex-romantic partner’s boyfriend.

In the domestic violence case, Walker has been indicted on seven charges, including possession of a firearm during a crime of violence, aggravated assault knowingly against a minor while armed, assault with intent to kill while armed against a minor, threat to kidnap or injure a person and assault with a dangerous weapon.

A felony status conference is scheduled for Dawson and Walker on June 13.

Jury Convicts Homicide Defendant in Stabbing of Lifelong Friend

A jury found a homicide defendant, charged with the murder of his lifelong friend, guilty of all charges before DC Superior Court Judge Michael O’Keefe on May 22.

Aaron Jackson, 30, is charged with first-degree premeditated murder while armed and a felony of carrying a dangerous weapon for his involvement in the fatal stabbing of Damohn Gill, 27, on June 24, 2021 on the 3600 block of 22nd Street, SE.

Throughout the trial, prosecutors presented evidence, including surveillance footage and witness testimony, that depicted Jackson’s involvement in the incident.

Most notably, Jackson’s mother testified to being at the scene and attempting to prevent Jackson from attacking Gill. However, she testified, she failed to do so and stepped away when Jackson demanded “Get the f*** off me,” right before lunging at Gill.

According to a doctor from the Office of the Chief Medical Examiner (OCME), Gill sustained nine stab wounds, multiple of which could have caused his death.

However, Jackson and his attorneys, Alvin Thomas and Wole Falodun, claimed Jackson acted in self defense, alleging that he was nervous and worried for his safety when confronted by Gill regarding him going to his mom’s neighborhood.

During his testimony, Jackson told the jury he was a victim of two shootings, in which he sustained multiple gunshot wounds, that were allegedly committed by Gill.

When asked by prosecutors why he didn’t report Gill as the shooter, Jackson told them there were consequences to snitching.

Jackson also testified he had stabbed Gill, but insisted he was defending himself.

According to Falodun, Gill had forbidden Jackson from going to his childhood neighborhood following his brother’s involvement as a witness in Gill’s previous criminal case.

On the day of the incident, Falodun claims, Gill asked Jackson “What the f*** are you doing here?” as he visited his mother.

Jackson, Falodun said, asked Gill for a pass to be back in the neighborhood. However, Gill allegedly responded “There are no passes. You’re about to die.”

Despite the argument of self-defense, the jury believed that prosecutors had proved beyond a reasonable doubt that Jackson had premeditated and deliberately murdered Gill.

Parties are slated to return Aug. 9 for sentencing.

Acquitted: Judge Denies Homicide Defendant’s Judgment of Acquittal Motion

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.

A homicide defendant’s request for DC Superior Court Judge Anthony Epstein to acquit him of all charges following the prosecution’s presentation of evidence was denied in a May 22 hearing.

According to witness testimony, the shooting stemmed from an argument between Leake and the suspect regarding Leake “dapping up” the shooter without having a close relationship. Dapping is slang for a friendly handshake.

Dominique Winters, Brothers’ defense attorney, motioned for acquittal, insisting that the prosecution had failed to prove beyond a reasonable doubt that Brothers was the perpetrator in Leake’s murder.

Specifically, Winters argued that all charges should be dismissed based on identification grounds, arguing that only one individual was able to identify Brothers as the shooter in a photo array with detectives of the Metropolitan Police Department (MPD).

However, she claimed that he was only able to do so a year after the murder, and she insinuated he received a legal benefit for it, arguing the assigned prosecutor dismissed a case against him.

Winters also argued that the witness failed to identify Brothers as the killer in court when asked by prosecutors if the shooter was in the room. She also insisted because he was intoxicated at the time of the incident, it could have played a role in what he saw and what he remembers.

During her oral motion, Winters claimed the shooter was outnumbered two-to-one during the incident, citing the recovery of two firearms from Leake and the surviving victim.

She also argued against the intent to kill aggregate in the assault charge, insisting there was “no outrageous amount of shots fired.” She added that the shooter could have acted in self-defense, since the surviving victim testified he also fired his gun.

Despite her arguments, Judge Epstein denied the motion, stating that the individual who identified the shooter in the array “was 100 percent confident,” and insisted that Winters’ arguments “go to the weight [of the evidence].”

As for the intent to kill aggregate, Judge Epstein argued “there was time to develop the intent to kill after the argument.”

Parties are slated to reconvene May 23.

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 to prevent being overloaded.

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 Murder Suspect’s Fourth Request for a New Attorney

In a contentious hearing on May 22, DC Superior Court Judge Maribeth Raffinan denied murder defendant Sherman Holley’s request for a new attorney. Had the judge agreed, it would have been his fourth lawyer on this case.

In response, Holley accused the judge of “bias towards me and denying my constitutional rights.”

Holley, 46, is charged with second-degree murder while armed for his alleged involvement in the death of 53-year-old James Brooks Jr. The incident occurred on Jan. 15, 2023, on the 200 block of 37th Street, SE.

According to court documents, surveillance footage shows an individual approaching and “lunging” at the victim, who was then stabbed in the chest, shoulder and back areas.

At the beginning of the hearing, Holley refused to identify himself for the record as Judge Raffinan requested. Then his current attorney, Megan Allburn, said Holley wants yet another attorney on the grounds that she’s not immediately available to go to trial as Holley demanded.

Judge Raffinan ordered a criminal responsibility evaluation last month to determine if Holley is mentally competent to stand trial. The judge pointed out that Allburn is Holley’s third attorney and that he “doesn’t have a right to a specific attorney.”

Holley objected, saying that his second attorney, Andrew Ain, resigned and that he “removed” Jesse Winograd as legal counsel.

Judge Raffinan denied Holley’s hand-written “pro se” motion in April requesting the appointment of a new prosecutor in his case as well as turning down his request to dismiss the charges against him. Holley claimed his “Fourth, Fifth, Sixth, and Fourteenth Amendment” rights were being violated in the document.

However, the judge ordered Allburn to continue representing Holley.

Given the parties scheduling conflicts, Judge Raffinan set Holley’s trial date “as soon as possible” for Feb. 17, 2026. To which, Holley complained he’d already been waiting 17 months. He has another felony matter trailing this case.

A status hearing in the case is set for August 1.

Acquitted: Homicide Victim’s ‘Brother’ Describes How He Became a Witness Instead of a Suspect

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.

A homicide victim’s “brother,” testified about his involvement in the investigation of a fatal shooting before a jury in DC Superior Court Judge Anthony Epstein’s courtroom on May 21.

Leake’s friend, who identified himself as part of a “blood brother” group to which he, Leake, and two other individuals belonged, testified he had spent time with Leake leading up to his murder.

The witness identified Leake as his “big brother,” adding that their relationship was so close, he called Leake’s mom his mom.

According to the witness, on the day of the incident, the group of four friends met up at Leake’s house to hangout, before heading to another friend’s neighborhood, where they drank and smoked weed.

At some point, Leake told them they should go to the Cascade Apartment Complex, where he grew up, the witness testified.

As the friends made their way into one of the buildings in the complex, “Snoop dapped everyone up,” stating there was a group of individuals hanging out in the hallway making friendly handshake gestures.

The witness then described Leake ‘s getting into an argument with one of the individuals, before one of their other friends urged them to leave.

However, during cross examination, Dominique Winters, Brothers’ defense attorney, reminded him of previous testimony in which he stated he felt he was watching a movie and was having an out of body experience while intoxicated.

“Your legs started to feel heavy, right?” Winters asked, adding “You felt like you weren’t in your body.”

The witness had previously testified that on the day of the incident he felt “like I was there, but I wasn’t. Even though I was there.”

According to the witness, the “blood brothers” exited the hallway to leave the neighborhood before being intercepted by two individuals outside, one of whom handed the shooter a gun. The witness stated he was standing next to Leake when he was shot.

“Things happened quickly… the shooting came out of nowhere,” claimed the witness.

The witness testified he was taken into custody at the scene, which was corroborated in previously presented body-worn camera footage.

Prosecutors showed body-worn camera video of the witness telling an officer at the scene that the suspect was a light-skinned man, with a beard and short hair.

During the course of the investigation, the witness stated, he met with detectives from the Metropolitan Police Department (MPD) multiple times to give them the information he knew about the incident. However, he was unable to identify a shooter until a year after the incident.

Winters displayed footage, showing the witness and a MPD detective after the witness’ arrest in 2020. In the clip, the witness asks the detective how to get less or no time for the crime.

“If you have information on a violent crime, like a homicide, that might help,” the detective told the witness. Immediately, the witness told the detective he had information, “on my brother’s murder, for Deron Leake.”

Days later, he identified Brothers as the shooter in a photo array. When asked by a detective, he stated he was “100 percent sure, [the individual] is the shooter.”

According to Winters, the witness’ case was dismissed by one of the prosecutors in the murder case after the witness identified Brothers as the killer. Based on the court schedule the prosecutor that dismissed the case against the witness did not join the murder investigation until June of 2023.

However, the witness claimed he had no knowledge why the case was dismissed, insisting “they no-papers me,” indicating his case wasn’t referred for prosecution.

Parties are slated to reconvene May 22.

Closing Statements in Homicide Trial Present Conflicting Narratives of Deadly Stabbing Video

Even though Aaron Jackson‘s alleged fatal stabbing of Damohn Gill was captured on surveillance video, the prosecution and defense offered contradictory explanations of what the jury saw take place before their eyes during closing arguments in DC Superior Court Judge Michael O’Keefe‘s courtroom on May 21.

Jackson, 30, is charged with premeditated first-degree murder while armed and carrying a dangerous weapon for his alleged involvement in the death of 27-year-old Gill on June 24, 2021, on the 3600 block of 22nd Street, SE.

The prosecution began its closing statement by replaying a video of the stabbing that had been presented as evidence earlier in the trial. The video showed individuals identified as Jackson and Gill encountering each other on the sidewalk near Jackson’s mother’s home.

“Immediately the defendant is in the [victim’s] face,” the prosecutor narrated for the jury as the video played. The prosecutor asserted that Jackson pushed Gill backwards and boxed him in with threatening movements while Gill tried to de-escalate by looking at his phone.

“His body language is consistent with someone who is calm, who is detached from whatever Aaron Jackson is trying to do,” the prosecutor said about Gill.

According to the prosecutor, Jackson’s mother saw the knife he was carrying and tried to pull him back from Gill.

“Get the f*** off me,” the prosecutor quoted Jackson as saying to his mother, based on her testimony. “His own mother–he almost stabs her, pushing her away.”

The prosecutor claimed it demonstrated premeditation and deliberation, which the charge requires–thus a key element in the case.

“There’s a point in the video where the defendant deliberates, and that’s when his mother pulls him away,” the prosecutor stated. “In this moment, he decides to kill Damohn [Gill].”

The prosecution also pointed to this moment as evidence that Jackson was not acting in self defense, based on the behavior of his mother.

“She didn’t go between Damohn [Gill] and her son,” the prosecutor observed. “She went around, which shows she thought only her son was acting unreasonably, was acting aggressively.”

The prosecutor slowed the video for that scene, but then returned it to normal speed for the stabbing itself, in which Jackson allegedly inflicted nine wounds on Gill.

“A murder in a storm of daggers,” the prosecutor called it.

Jackson’s attorney, Wole Falodun, gave a starkly antithetical account of the same events.

“What we have here is not murder,” Falodun stated. “It’s not manslaughter. What Mr. Jackson did on June 24, 2021, he was allowed by law to do.”

Falodun recalled Jackson’s testimony from May 20, in which Jackson stated that Gill had allegedly shot him in two separate instances years ago and then forbidden Jackson to return to the neighborhood where Jackson’s mother lived.

“What happened on that day did not start on June 24, 2021,” Falodun argued. “It started in 2013, and all those things were going through Mr. Jackson’s mind at that time.”

Instead of viewing Jackson as the aggressor from the start, Falodun interpreted their interactions upon meeting in the video as signs of Gill threatening Jackson.

“Mr. Jackson extends his hand,” Falodun narrated to the jury, “but Mr. Gill doesn’t respond. He leaves him hanging.”

Falodun pointed out that the surveillance video contained no audio. Drawing from Jackson’s testimony, Falodun claimed that Gill’s first words on seeing Jackson were, “What the f*** are you doing here?”

According to Falodun, based on Jackson’s testimony, Jackson then asked Gill for a pass to be back in the neighborhood, but Gill responded, “There are no passes. You’re about to die.”

“Mr. Jackson saw Mr. Gill going for his waist,” Falodun asserted, “and he pushed his mother away because he thought Mr. Gill was reaching for his gun.”

On account of the two previous shootings that Jackson allegedly suffered at the hands of Gill, Jackson saw no alternative but to defend himself against Gill with his knife, Falodun claimed.

“Mr. Jackson follows Gill because, as he told you, he knows that he cannot outrun a bullet,” Falodun explained to the jury.

“So you say, ‘Where’s the gun?'” Falodun asked the jurors. “We know people surrounded Mr. Gill after he was stabbed. We know he was a very popular person in that neighborhood. Is it possible they took the gun off Mr. Gill because they didn’t want a gun found on Mr. Gill when the police arrived?”

To decide which version of events was accurate, the prosecution urged the jury to consider the credibility of the witnesses, particularly Jackson’s mother, who testified earlier in the trial that she hadn’t seen a gun on Gill.

“It would be totally understandable if she refused to talk, if she tried to protect her son, but she didn’t. She testified because it was the right thing to do,” the prosecutor asserted. “She holds all the credibility in the world.”

Falodun, on the other hand, focused on the possibility that the jury had not received all the relevant information. He pointed out, for example, that one of the eyewitnesses had not been called to testify in the trial.

“Would he have told you that Mr. Gill was in fact threatening Mr. Jackson?” Falodun suggested to the jury.

Falodun argued that the prosecution had not met the burden of proof required for conviction–beyond a reasonable doubt–because they hadn’t proved that Gill didn’t have a gun and hadn’t threatened Jackson.

In their rebuttal, the prosecution retorted, “A reasonable doubt is based on reason. It is not based on speculation or guesswork.”

Jury deliberation began immediately after closing statements and rebuttal.

Parties will reconvene when the jury makes a ruling.

Trial Postponed to Locate Defendant’s Girlfriend as Witness

DC Superior Court Judge Marisa Demeo granted the prosecution’s May 22 request for a one day continuance for a homicide trial, in order to locate an important witness – the defendant’s girlfriend.

On August 30, 2022, Tyrone Astorias Johnson, 43, allegedly fired multiple shots at a male victim in a non-fatal incident. The shooting occurred in the early morning at a park on the 1500 block of Maryland Avenue, NE.

Johnson 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.

Surveillance footage shows individuals resembling Johnson and his girlfriend near the scene and entering the park.

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 from about 10 feet away.

According to court documents, the victim sustained eight gunshot wounds to the lower body, including four to the left thigh, two to the right thigh, and two to the genitalia.

On May 21, the prosecution stated they have been making numerous efforts to locate the defendant’s girlfriend with assistance from US Marshals who have “commenced canvassing.”

Defense attorney Joseph Fay was not opposed to the one day continuance, but requested that they “need to be more aware” of the situation about locating the witness because they also plan on questioning her.

“I do understand, defense, it’s hard for you to argue,” said Judge Demeo in reference to the defense’s lack of knowledge of the situation.

Judge Demeo approved the trial delay.

Parties are slated to reconvene May 22.

Convicted Murderer Pleads Not Guilty in Prison Stabbing

Thirty-one-year-old Mussay Rezene was back in court on May 21 in front of DC Superior Court Judge Robert Okun, where he pleaded not guilty to a fatal stabbing incident at the DC Jail.

Rezene was allegedly involved in an altercation on Aug. 17, 2023, with fellow inmate Darrow Johnson, 30. Security footage reportedly shows Rezene acting aggressively towards the victim during a confrontation in which the victim ran and tried to defend himself.

As a result, Rezene faces two charges of premeditated first-degree murder while armed and assault with intent to kill while armed.

On March 22, he was convicted of fatally shooting a 17-year-old boy on Sept. 18, 2021, and sentenced to 45 years in prison.

The stabbing victim died as a result of multiple wounds, including to his head. According to doctors at Washington Hospital Center, the victim suffered a “non-survivable brain injury.”

The incident occurred in the physical therapy room of a DC Jail’s Central Treatment Facility located near the 1900 block of E Street, SE.

Defense attorney Kevin Robertson alerted the court that Rezene will be pleading not guilty and asserted his constitutional rights, including his right to a speedy trial. The prosecution is currently in the process of collecting evidence in this case.

The next court date is July 31.

Defendant Accused of Stabbing Woman Found Not Guilty by Reason of Insanity

DC Superior Court Judge Robert Okun accepted a homicide defendant’s plea of not guilty by reason of insanity in a May 21 hearing.

Eliyas Aregahedne, 29, is charged with second-degree murder while armed for stabbing 27-year-old Margery Magill while she was walking a dog on the 400 block of Irving Street, NW, on Aug. 27, 2019.

A report from the Department of Behavioral Health from July 2023 found Aregahedne incompetent to stand trial and recommended a full evaluation and treatment for him.

In October 2021, DC Superior Court Judge Marisa Demeo transferred Aregahedne to St. Elizabeths Hospital, DC’s psychiatric institution, for treatment. She also ordered a full competency examination.

During the May 21 hearing, Aregahedne waived his right to a trial and entered a plea of not guilty by reason of insanity plea.

Judge Okun asked Aregahedne several questions ensuring he was aware of what could happen if he accepted the plea.

Judge Okun pointed out that Aregahedne could potentially serve a longer sentence at St. Elizabeth’s Hospital than if he went to trial and was convicted and transferred to the Bureau of Prisons (BoP). Aregahedne said he understood.

In the courtroom, the prosecution read off the evidence they would have presented in trial, including blood trailing to Aregahedne’s apartment, a bloody white T-shirt, and bloody sneakers.

Afterward, Judge Okun opened the floor to the victim’s family to deliver impact statements. Magill’s father stated that his only concern was that, “We move ahead and get some closure”.

Judge Okun accepted the plea and discussed scheduling a Bolten evaluation, a comprehensive assessment of an individual’s mental health, behavior, and emotional functioning.

Parties will reconvene on May 29.

Juvenile Charged With Multiple Carjackings Indicted, Arraigned, Gets Plea Offer

A 17-year-old boy charged as an adult in a series of carjackings was arraigned before DC Superior Court Judge Lynn Leibovitz on May 21.

According to a release from the DC US Attorney’s office, on May 16, Montello Washington was indicted on one count of armed carjacking, two counts of armed robbery, two counts of assault with a dangerous weapon, unauthorized use of a vehicle in order to commit crimes of violence, and possession of a firearm during crimes of violence.

Appearing in court with his attorney, Thomas Key, Washington pleaded not guilty and asserted his constitutional rights going forward.

Prosecutors say late in the evening of Aug. 15, 2023, starting on the 1300 block of Tewkesbury Place, NW, Washington and several accomplices robbed a man at gunpoint while the victim was on his way to work.

As events continued to unfold, into the early morning on Aug. 16, 2023, according to the release, Washington and his accomplices committed a series of armed robberies, armed assaults, in which they fired gunshots at two victims, and an armed carjacking.

In a brief hearing on Tuesday, the prosecutor said there was an offer on the table for Washington. It would require him to enter a guilty plea for armed carjacking and armed robbery in return for dropping the indictment but reserving allocution, or a final sentencing recommendation, for 20 years of incarceration.

According to court documents, plea negotiations are underway. Meanwhile, the defendant is held without bond.

The DC Sentencing Commission says that between 2016 and 2020, the average term for all armed carjackings was 180 months, or 15 years in prison.

In detailing the arrest, the Department of Justice says, later in the evening on Aug. 16 after MPD officers saw the stolen car allegedly used to commit these offenses in Southeast DC, and attempted to stop it.

Subsequently, the driver allegedly led MPD on a pursuit through the District, into Maryland–then back into the District before three people eventually bailed out of the car.

Police apprehended Washington and another person after they fled from the vehicle.

According to a release from the Metropolitan Police Department (MPD), 18-year-old Amon Ward, of Northwest, DC, was also arrested and charged with ten counts in the crime spree including armed robbery, car theft and carrying a pistol without a license.

Out of 2,227 total carjacking offenses documented by the Metropolitan Police Department (MPD) from 2020 through 2023, 607 or just 27 percent end with an arrest or are closed for other reasons, according to a D.C. Witness investigation.

Washington next’s court appearance is on June 12 for a status hearing.

Judge Says Juvenile ‘is the Person Who Killed Jihad Darden’

DC Superior Court Judge James Crowell pronounced a juvenile defendant guilty of seven charges in connection to a homicide at a May 21 hearing.

“This killing was nothing short of an assassination,” Judge Crowell proclaimed, adding “the shooter returned seemingly to ensure [the victim] was dead,” as depicted in surveillance footage.

The juvenile, a 16-year-old boy who was 15 at the time of the incident, was originally charged with first-and-second-degree murder while armed, assault with intent to murder while armed, assault with intent to kill while armed, carrying a pistol without a license, possession of an unregistered firearm, unlawful possession of ammunition, and unlawful discharge of a firearm.

He was charged in connection to the fatal shooting of 27-year-old Jihad Darden on Dec. 18, 2023, on the 5400 block of Illinois Avenue, NW.

Throughout the trial, prosecutors presented surveillance footage that depicted the shooter’s whereabouts leading up to and following the shooting, witness testimony that identified the juvenile’s actions in the week leading up to the murder, and cell site data that ultimately honed in on the juvenile’s location at the time of the incident.

However, Judge Crowell warned the parties he had not considered the cell site data for the finding of facts ruling, stating that the prosecution had failed to present an expert witness that could verify the locations to be accurate.

Judge Crowell also explained he considered the defense’s argument that the juvenile’s friend or brother could be the shooter, but ruled that it was not possible based on the shooter’s description. “The young age of the shooter,” the judge claimed, was visible in multiple surveillance videos.

According to Judge Crowell, the shooter’s distinctive clothing, which was partially recovered from the defendant’s home, and he was seen wearing at school in the week leading up to the murder, shows “the person who was seen fleeing the scene is clearly [the defendant].”

Judge Crowell recalled a Prince George’s County Assistant Principal’s testimony, in which he told the court that the juvenile had been absent on the day of the incident, as well as multiple days the prior week.

“[The defendant] is the person who killed Jihad Darden,” Judge Crowell ruled, finding him guilty of all charges, except carrying a pistol without a license.

As part of the conviction, the court ordered psychiatric and psychoeducational evaluations, as well as a violence risk assessment, to assist in the sentencing.

Parties are slated to return June 20.

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