Non-Fatal Shooting Defendant Sentenced to 13 Years Was Only Trying to ‘Scare’ Victim

A defendant was sentenced to 13 years of incarceration for the non-fatal shooting of a juvenile, ending his college football career.

Damar Whitley, 46, also known as Delmar Whitley, was originally charged with assault with intent to kill while armed against a minor, two counts of assault with a dangerous weapon against a minor, and aggravated assault knowingly while armed against a minor, among other charges, for his alleged involvement in a non-fatal shooting that left a 17-year-old boy suffering from life-threatening injuries. The incident occurred on Aug. 31, 2022, on the 4700 block of Alabama Avenue, SE.

On March 18, Whitley pleaded guilty to assault with intent to kill while armed and possession of a firearm during a crime of violence, in exchange for a dismissal of all other charges.

On May 17, the prosecution read a letter to the court submitted by the victim’s mother who expressed sadness that her son’s college football career was over due to the serious injuries inflicted by the shooting.

According to the prosecutor, the juvenile victim had a bullet exit his neck after having his teeth and part of his jaw “blown out.” As he tried to run away, the defendant also shot him in the back.

Stephen LoGerfo, Whitley’s defense attorney, stated that the defendant was “not unsympathetic” and asked multiple times if, “the boy was okay.”

LoGerfo affirmed Whitley has accepted responsibility and “saved trauma” from the children that would’ve had to testify as eyewitnesses if the case had gone to trial.

Whitley apologized to the victim and his mother, stating “I wasn’t trying to kill him, only scare him.”

“I didn’t know he really got hit which is why I kept asking my lawyer,” he added.

DC Superior Court Judge Marisa Demeo acknowledged that Whitley took responsibility for his actions, but stated “this went way beyond trying to scare someone.”

Judge Demeo said she was surprised that someone, “would choose this kind of action at age 45.”

“It’s an inexcusable decision by a mature adult,” she added.

Judge Demeo sentenced Whitley to 13 years for the charge of assault with intent to kill while armed and 5 years to the charge of possession of a firearm during a crime of violence, which will be served concurrently.

Upon release, he will serve five years of supervised release, will be required to register as a gun offender in DC, and will pay $200 to the Victims of Violent Crime Fund (VVCF).

No further dates were set.

Defendant and Her Girlfriend Charged in Domestic Shooting incident

Co-defendants in a non-fatal shooting were arraigned on a 10-count indictment on May 17 while one of the defendants is denied release.

Tyshay Moore, 27, and Javonee Jackson, 25, are charged with assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, assault with a dangerous weapon, assault with significant bodily injury while armed, conspiracy, and simple assault in connection to a non-fatal shooting on May 10, 2023, on 700 block of 7th Street, NW. The shooting left one victim suffering from multiple gunshot wounds to the face, arm, and torso.

Jackson is currently released and was previously only charged with simple assault.

According to court documents, Jackson and the victim had a six year relationship and a child in common, with a history of domestic violence.

Additionally, Moore has been identified as Jackson’s girlfriend.

The co-defendants pleaded not guilty to all charges, asserting their constitutional rights, including a speedy trial.

Hannah Claudio, Moore’s defense attorney, requested Moore be released. Claudio stated there have been “significant changes in circumstances” and claimed Moore’s actions were in self-defense.

She added Moore has no criminal history besides a 2017 misdemeanor case in Maryland that has now been resolved.

Claudio also highlighted the “inhumane conditions” of the DC Jail that has damaged Moore’s mental health from multiple reasons in including missed meals and solitary confinement.

The prosecution opposed Claudio’s request by stating that the safety of the community “can’t be ensured.”

DC Superior Court Judge Marisa Demeo stated that these “new developments don’t change the probable cause” that she’s one of the perpetrators and denied Moore’s request for release.

A trial date has been scheduled for April 2025.

Parties are set to return Aug. 2.

Defense Requests Release of Homicide Defendant in Five-Year-Old Case

Defense attorney Mani Golzari renewed a motion for release on behalf of his client on May 17, arguing that with a trial date set in April of 2025, the defendant should be granted the opportunity to, “move forward with his life.”

Kavon Young, 33, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of John Pernell, 66, on July 3, 2010. The incident occurred at a cookout near the 3000 block of Nelson Place, SE.

Young, who was charged with the killing in 2019, was 19-years-old at the time of the incident.

At the hearing on May 17, Golzari responded to the prosecution’s claim that Young poses a danger to the community, stating his client has a supportive family with no physical or mental health issues.

DC Superior Court Judge Anthony Epstein stated, “I have not made my mind yet,” adding he needed more time to think about the motion, despite recognizing the strength of the prosecution’s evidence.

Golzari believed it was “quite clear” how the court would rule. In the previous hearing, Judge Epstein denied the same motion.

“I have my faults, but I don’t kick cans down the road,” said Judge Epstein.

According to the Judge, he will schedule an immediate hearing once he’s made up his mind.

Acquitted: ‘I’m Ready to Fight,’ Says Frustrated Homicide Victim’s Friend at Trial

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 best friend gave emotional testimony about events leading up to a murder before a jury in DC Superior Court Judge Anthony Epstein’s courtroom on May 16.

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.

Leake’s friend, who identified Leake as his brother, stating they were part of an organization of four men known as the “blood brothers,” testified he was with Leake when he was shot to death.

During his testimony, the witness became visibly emotional and irate with prosecutors, stating multiple times, “I don’t want to be here,” and “this s**t hurts, man,” adding that his relationship with Leake was so close, “his mom is my mom.”

“It was just us. Everywhere we went, it was just us,” he explained about the group, emphasizing, “We all was close to Snoop.”

Throughout the prosecution’s questions, the witness told them “get straight to the point, man… y’all gotta stop playing with me,” as he grew more frustrated, stating they needed to “stop beating around the bush,” and ask direct questions.

According to the witness, the “blood brothers” were hanging out on the day of Leake’s murder, having gone to visit Leake’s mother and one of their friends’ “old hoods,” before arriving at the Cascade Apartment Complex, where Leake grew up.

The witness said they entered a building where a group of six to eight men were congregating. He testified that Leake had “dapped them up,” before getting into a disagreement with one of the individuals.

“Him [Leake] and one dude got into a little conversation,” the witness told the jury, adding he heard them involved in a “disrespectful conversation.”

According to the witness, when he realized things were heating up between the groups, he told the blood brothers “let’s get the f**k outta here,” before exiting the building.

As they attempted to walk toward the car, the witness testified, two individuals intercepted them.

“I seen one man come around the corner and another hand him a gun… I ran away,” he claimed, adding “I was getting the f**k out of the way,” as shots were fired.

“I knew motherf****r was dead based on the number of shots,” the witness cried.

According to the witness, he was the one to call Leake’s mom to tell her of his passing. “I couldn’t f*****g talk to her, man… I was choked up, I was f*****g scared,” he told the jury.

During the investigation, the witness testified, detectives from the Metropolitan Police Department (MPD) talked to him about what he saw and had him participate in an photo array identification procedure. However, he was unable to identify the shooter.

As tensions flared between the prosecutor and the witness, the witness told the prosecutor “Now you got me ready to fight,” and threatened to walk out.

During cross examination, the witness told Molly Bunke, Brothers’ defense attorney, he “told [MPD] a lot,” during their investigation, adding, “I didn’t kill. I’m gonna tell them the good, the bad, and the ugly,” about the incident.

However, as Bunke attempted to review his answers from the prosecution’s questioning, the witness told her “I’m about to walk out on your a** too, ma’am,” adding, “Y’all don’t understand this is traumatizing.”

“Y’all might not know, but I’m ready to fight,” the witness told the parties.

When asked by the prosecution how he felt about having to testify, the witness said “I didn’t wanna relive what I’m living right now… It hurt badly.”

Prior to the witness’ testimony, the prosecution called a photographer for the Office of the Chief Medical Examiner (OCME) who testified to taking the autopsy photographs for this case on Oct. 18, 2019.

According to the photographer, Leake experienced a shot that entered through his left side of the head, and exited through the right side, a bit behind the ear.

Parties are slated to reconvene May 20.

Victim’s Family Taunts and Prays for Homicide Defendant at Sentencing

“I know my son wouldn’t hate you because I know his heart,” Antwon Duncan‘s mother said to Diamante Butler in a victim impact statement. She made the remarks at Butler’s sentencing for Duncan’s murder.

“You were friends once,” she said.

Duncan was shot to death at the age of 20 in the middle of the day on June 28, 2020, on the sidewalk in the 2600 block of Birney Place, SE.

Butler, now age 23, was arrested for the shooting within a few weeks and charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside home or business.

Butler pleaded guilty to second-degree murder while armed on Nov. 20, 2023, as part of a plea deal in which the prosecution agreed to drop all other charges stemming from the incident.

While the voluntary sentencing guidelines call for a person with Butler’s criminal history to receive between 12-to-24 years incarceration, the prosecution requested 14-to-16 years imprisonment and five years supervised release.

“You killed him for literally no reason,” one of Duncan’s aunts castigated Butler in her victim impact statement. “You could have fought him like a man, but you killed him like a coward.”

“You were scared. You couldn’t face Antwon. You know this,” Duncan’s young female cousin taunted Butler. Then she began repeating, “I pray you come home, bro. I really pray you come home, bro.”

DC Superior Court Judge Michael O’Keefe, admonished her to address him rather than Butler.

“Vengeance belongs to the Lord,” said Duncan’s godmother. “We ask for justice, and hopefully his mother finds peace.”

“I pray you find peace,” Duncan’s mother told Butler when she took her turn to speak. “It’s sad to see my son gone, but it’s sad to see another young Black man sitting in jail.”

She testified she formerly worked with young people to improve their lives, but she no longer could because she was overwhelmed by the number of tragic outcomes.

“I’m broken. My life is broken,” Duncan’s mother admitted, yet she told Butler, “I still pray for you. Every time I pray, I pray for you.”

She urged him to use his time in prison to get the help he needed, saying, “Do good. Don’t let this second chance pass you by.”

“Amen to what my sister said,” another of Duncan’s aunts stated after Duncan’s mother, “but–I pray God forgive me–I want your family to feel the pain we feel. I hope you die in prison.”

Judge O’Keefe sentenced Butler to 16 years’ incarceration and five years’ supervised release. He ordered that Butler remain at the DC Jail until Aug. 31 to finish his high school diploma before being transferred to prison.

In Spite of Lawyer’s Fears, Juvenile Murder Suspect Remains in Custody

Defense lawyer Will Howell argued that a 16-year-old juvenile murder suspect currently in detention was,“not a danger. He’s in danger.”

Howell’s concerns were raised before DC Superior Court Judge Kendra Briggs during a May 17 hearing before she ruled the youth should remain detained.

He’s accused of fatally shooting 14-year-old Avion Evans on April 4 during a fight between two groups at the Brookland Metro Station on the 800 block of Monroe Street, NE. Flanked by his lawyers, the defendant appeared at the hearing wearing a purple shirt.

The adolescent is formally charged with second-degree murder while armed, assault with intent to kill while armed, two counts of assault with a dangerous weapon, endangerment with a firearm, carrying a pistol without a license, possession of an unregistered firearm and possession of unregistered ammunition.

The prosecutor opposed release on the grounds that the shooting was in “broad daylight” and posed a threat to the public.

Arguing for release, Howell pointed out conditions at the DC Youth Services Center (YSC) pose “grave concerns” based on reports of assaults there and that the narcotic fentanyl is present in the facility.

He also noted there was a tip texted to a woman by her boyfriend saying that he was the Brookland shooter. Howell stressed there were many other boys at the crime scene in an attempt to “bag” their rivals. In the chaos, said Howell, it’s hard to determine the direction of the shooting.

On procedural grounds, Howell said any further delay would push the trial start day beyond the 45 day statutory limit.

Judge Briggs said there was “good cause” to delay the trial to accommodate a prosecution motion to wait for the autopsy report. “We saw that coming,” she said.

Meanwhile, the prosecutor said the report was received yesterday and would be provided to the defense.

Judge Briggs set the trial date for July 5 and the proceeding could take eight days spread out over the summer culminating around Labor Day.

Document: MPD Arrests Suspect for Fatal Shooting in Southeast

The Metropolitan Police Department (MPD) announced the arrest of a man involved in a fatal shooting that occurred on March 22 on the 2900 block of Gainesville Street, SE.

According to MPD documents, officers responded to the location for the report of sounds of gunshots. Officers located an adult male shooting victim who was unconscious and not breathing in the 2800 block of Hartford Street, SE. He died at the scene.

The victim was identified as 29-year-old Dimitrious Brown.

On May 16, 21-year-old Monteze Morton was arrested and charged with first-degree murder while armed.

Document: Decedent Identified MPD Investigating Southeast Homicide

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on May 15 on the 3300 block of D Street, SE.

According to MPD documents, officers responded to the location for the report of a shooting inside of a residence. There, they found three victims with gunshot wounds. Two of the victims were transported to a hospital for treatment. One of them, an adult male, succumbed to his injuries at the scene despite all life saving efforts. The third victim was treated at the scene for minor injuries.

The victim was identified as 48-year-old Detrick Ealy.

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 Arrests a Man for a Shooting in Southeast

The Metropolitan Police Department (MPD) announced the arrest of a man for a shooting that occurred on March 7 on the 3100 block of Buena Vista Terrace, SE.

According to MPD documents, the suspect and the victim were arguing at the location, when the suspect threatened the victim, brandished a handgun and shot him. The suspect fled the scene, and the victim was transported to a local hospital for treatment of non-life-threatening injuries.

On May 15, 30-year-old Keith Walker turned himself in and was arrested and charged with assault with a dangerous weapon.

Document: MPD Investigating Southeast Homicide

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on May 15 on the 3300 block of D Street, SE.

The victim’s identity is being withheld pending next of kin notification.

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 Arrests 14-Year-Old for Shooting Another Teen

The Metropolitan Police Department (MPD) announced the arrest of a 14-year-old in connection to a shooting that injured a 16-year-old on April 26 on the 1500 block of Alabama Avenue, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a 16-year-old with gunshot wounds. He was transported to a local hospital for treatment of non-life-threatening injuries.

On May 12, the 14-year-old boy turned himself in, and was charged with assault with intent to commit murder.

Based on ‘Totality of Evidence’ Judge Denies Acquittal for Three Co-Defendants in Murder, Conspiracy Case

In an ongoing three co-defendant murder, conspiracy case, DC Superior Court Judge Rainey Brandt denied a defense motion to acquit the trio. It was the second time in a week the judge failed to dismiss the case.

On May 15, before jurors entered the courtroom, the defense argued that all counts against the defendants be dismissed.

Defense attorneys Andrew Ain, Brian McDaniel, and Lisbeth Sapirstein – representing Freeman, Jackson, and Nelson, respectively – went through all the charges and, ultimately, argued that the prosecution presented insufficient proof for conviction of any crime.

There’s “no evidence of putting a firearm on Freeman’s hand,” said Ain.

However, in her ruling, the judge said based on the “totality of evidence” she reasonably inferred that the defendants intentionally joined a conspiracy and committed a dangerous and violent crime.

Judge Brandt went on to recapitulate the abundance of prosecution evidence including 101 witnesses, photographs, videos and clothing descriptions linked to the suspects.

In addition, the judge cited surveillance footage as well as text messages, fingerprints, Instagram and Facebook records and DNA on bullet remnants.

Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 33, are three of five individuals charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020, on the 600 block of S Street, NW. The shooting also left a second juvenile victim located in the vicinity suffering from an apparent gunshot wound to the right leg.

Throughout the trial, the prosecution has attempted to connect Jackson, Freeman, and Nelson to additional shootings that occurred on Feb. 22, 2020, Feb. 24, 2020, and a second shooting on March 1, 2020. The prosecution alleges a firearm conspiracy among the defendants in which they aimed to obtain and use specific weapons in Lukes’ homicide.

The case also involves alleged co-conspirators Reginald Steele, 24, and Aaron Brown, 27.

After Judge Brandt denied the acquittal motion, Freeman’s defense brought in its only witness, a friend of his who has previously testified.

When questioned by the prosecution, the witness referenced his relationship with Freeman, saying, “He’s like my little bro.”

Ain presented an Instagram post that included the witness’ sister’s ex-boyfriend pictured with alleged co-conspirator Steele, also known as “Gordo.”

According to previous testimony, the witness sold the firearm used in Lukes’ murder to his sister’s then boyfriend, who has claimed to have no knowledge of the March 1 incident.

The witness stated that he did not have much of a relationship with Steele or his sister’s boyfriend at the time.

“I don’t deal with them guys. I don’t mess with them like that”, stated the witness.

Freeman’s defense rested their case. He asserted his right to not testify on May 14.

McDaniel rested his case, after Jackson confirmed he did not want to testify.

Meanwhile, Nelson’s defense will call one witness. Nelson will decide whether or not he wants to testify in the coming days.

Proceedings resume on May 16.

In Fatal Stabbing, Judge Upholds Premeditation Charge Despite Self-Defense Claim

A jury heard testimony about an interaction between a homicide victim and a friend hours before his murder, after defense attorneys argued unsuccessfully to dismiss a premeditated charge in a fatal stabbing trial.

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

Jackson’s defense attorney, Wole Faludun, motioned to dismiss the premeditated first-degree murder while armed charge after the prosecution rested its case on May 15.

Falodun argued that Jackson didn’t have enough time for his actions to be premeditated. He stated the defendant was seeing his family and “didn’t know Gill was going to be there.”

Falodun has previously stated Jackson acted in self-defense out of fear based on alleged prior altercations between him and Gill–one of which left the defendant in the hospital with three gunshot wounds in 2016.

“Premeditation can take place in a second or two,” the prosecution argued in response.

DC Superior Court Judge Micheal O’Keefe stated “the nature and deepness of the wounds show there was intent to kill.”

The prosecution has previously stated Gill sustained nine stab wounds to his face, back, and torso. One of these lacerations were three inches deep and caused his “intestines to spill out.”

The medical examiner previously testified that any of the stab wounds could have caused “death by itself.”

Judge O’Keefe denied the request to dismiss the charge based on the possibility premeditation was involved and that decision is ultimately up to the jury.

The defense later called a friend of Gill’s as their first witness.

The witness affirmed the last time she saw Gill was at a shopping mall parking lot on June 24, 2021, hours before his murder.

She confirmed that as she hugged Gill to greet him, she “felt something hard on his waistband.”

The witness stated Gill pulled up his shirt and revealed part of a firearm.

The defense has alleged Jackson saw Gill with a firearm on his waistband the day of the incident and his actions that followed were intended to protect his life.

The witness added she has no type of relationship with Jackson and had never heard about him at the time of the murder.

Falodun confirmed Jackson will be testifying on his own next time the court is in session.

Parties are set to return on May 20.

Acquitted: Federal Agent Says Surveillance Network Video Captured Homicide Scene

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 Drug Enforcement Administration (DEA) agent testified about a national network of surveillance cameras that prosecutors say captured a 2019 fatal shooting incident in the District. The trial testimony was presented before DC Superior Court Judge Anthony Epstein on May 15.

Davonte Brothers, 29, is charged with first-degree murder while armed and possession of a firearm during a crime of violence, among other charges, for his alleged involvement in the murder of 27-year-old Deron Leake, also known as “Snoop”, on Oct. 17, 2019, on the 4200 block of 6th Street, SE. The incident also left one individual with non-life threatening injuries.

The witness explained the DEA has telephone pole-mounted cameras that watch neighborhoods throughout the United States where there is suspected drug-related crime.

He said the DEA had a camera facing the area where the shooting occurred, and that Metropolitan Police Department (MPD) detectives wanted to review footage around the time of the incident.

Prosecutors played the footage in court which allegedly shows Brothers and the victim in the courtyard of an apartment complex, before what prosecutors say is Brothers fleeing the scene and jumping into a car.

According to prosecutors, Leake and three of his closest friends, who all claimed to be “blood brothers,” were hanging out on the day of the incident, before ending up at the Cascade Park Apartments and getting into an argument.

Leake and his group left the area following the dispute in an attempt to go back to their vehicle. However, prosecutors claim Brothers shot Leake in the head, killing him instantly, then shot one of his friends twice in the legs.

Prosecutors claim Brothers fled to Maryland.

Prosecutors also showcased multiple pieces of evidence recovered from the scene by MPD and the DC Department of Forensic Sciences (DCDFS), including two firearms, one of which was found in the victim’s hand, as well as numerous cartridge casings, and discarded clothing.

Parties will return for further witness testimony on May 16.

Metro Bus Footage Captures Fatal Stabbing During Tussle

Prosecutors presented Metro bus video surveillance footage allegedly showing a suspect chasing, then fatally confronting a murder victim. The testimony came in a May 15 hearing before DC Superior Court Judge Maribeth Raffinan who found probable cause in the case.

Christian Wilkerson, 21, is charged with second-degree murder while armed in connection with the Nov. 11, 2022, stabbing death of twenty-year-old Rashawn Phifer on the 500 block of Riggs Road, NE.

Under questioning from the prosecutor, the lead detective on the case from the Metropolitan Police (MPD) detailed the chronology of the assault, highlighting video surveillance footage from different angles of a moving Metro bus near the Riggs LaSalle recreation center in Northeast Washington, DC.

The video, played in court, shows an altercation among a group of three people on the sidewalk. Then the victim runs across Nicholson Street, NE with a suspect, identified as Wilkerson, wearing a red-hooded sweatshirt in pursuit. When the suspect catches up with Phifer, he pins him to a fence; the victim breaks away, then collapses though the stabbing is not seen on camera.

According to court documents, one of the witnesses told Wilkerson, “Bruh, you just stabbed my man!”

The detective said two witnesses identified Wilkerson as the perpetrator.

A police report claims Wilkerson later boasted about the killing online.

The lead detective said along with eyewitness accounts, they were able to trace Wilkerson through his cell phone number with records subpoenaed from T-Mobile.

During cross examination, defense attorney Joseph Caleb pointed out that the suspect was wearing a Sheisty mask covering the face except for the eyes, but the mask dropped off during the melee.

“I can’t recall the first time [the witnesses] saw the suspect’s face,” said the detective. Nor could the detective identify the origin of the altercation though, he said, it may have stemmed from an earlier attempt to buy shoes from Wilkerson.

“Did Wilkerson have a beef with the defendant?” asked Caleb. The detective said he was not aware of any conflict between the two.

However, Caleb pointed out that Phifer stole Wilkerson’s phone during the incident. The detective acknowledged that the video shows an object on the ground thought to be a cellphone. Further, he said there was an Instagram post indicating an attempt to steal the defendant’s phone.

In her finding of probable cause, Judge Raffinan released Wilkerson to home confinement and GPS monitoring.

A felony status conference was scheduled for July 2.

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