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Detective Testifies about Unconstitutional Search Warrants

A retired Metropolitan Police Department (MPD) detective, who served as the lead investigator in Eugene Burns‘ 2015 homicide case, gave testimony on June 21 about his role in obtaining search warrants that an appeals court later found to be unconstitutional.

Burns, 32, was convicted of first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in 2017. The case was reopened on appeal in 2020.

Burns allegedly shot his best friend, 24-year-old Onyekachi Emmanuel Osuchukwu III, on Nov. 15, 2015, on the 2900 block of Second Street, SE.

During Friday’s hearing,, DC Superior Court Judge Marisa Demeo said Burns’ defense attorneys, Rosemary Szanyi and Jocelyn Wiesner, had filed a motion to dismiss evidence from the case.

In response to that motion, the prosecution called, as a witness, the former lead detective on the case who retired in April of 2020. 

The detective testified that he submitted affidavits to a judge in November of 2015 to obtain search warrants for cell phones the MPD obtained from witnesses at the scene of the incident. According to the detective, the judge signed the warrants ten days after the incident, and MPD officers subsequently extracted information from the phones.

The detective said he questioned additional witnesses after submitting the affidavits but before the judge signed the search warrants.

He said he didn’t revise the affidavits after the interviews because he believed the affidavits provided probable cause for searching the phones.  He said he would have revised them if the judge had declined the warrants.

In cross-examination, Wiesner asked the detective if he had heard, in March of 2020, that an appeals court had ruled the search warrants unconstitutional. 

He replied that he had not.

The detective explained that he was diagnosed with Covid-19 and placed on extended leave until his retirement a month later during that timeframe.

The prosecution announced that they plan to call a current MPD homicide detective who submitted new affidavits to search the cell phones after the first search warrants were deemed unconstitutional. 

Parties are scheduled to reconvene on June 25.

Document: Fatal Northwest Homicide Stabbing Suspect Arrested

The Metropolitan Police Department (MPD) has made an arrest in reference to a homicide that occurred on April 5 on the 1300 block of Peabody Street NW.

Fasil Teklemariam, 53, was found dead due to stab wounds.

On June 21, police arrested 19-year-old Audrey Miller, extraditing her from Hagerstown, Md. She was charged with first-degree murder while armed-felony murder.

Document: Police Arrests Suspect in Shooting Homicide

The Metropolitan Police Department (MPD) has made an arrest in reference to a homicide that occurred on June 20. 

Marcellus Jackson, 21, was found dead on scene due to a gunshot wound on the 4400 block of Hunt Place NE.

On June 20, police arrested 32-year-old Antonio Johnson charging him with second-degree murder while armed.

Defendant Accused of Carjacking FBI Agent Found Competent to Stand Trial

A carjacking defendant was found mentally competent to stand trial based on a report from the Department of Behavioral Health (DBH) received by DC Superior Court Judge Jennifer Di Toro, during a June 21 hearing.

Devonta Lynch, 18, is charged with unarmed carjacking, armed robbery, and possession of a firearm during a crime of violence for his alleged involvement in an incident involving an FBI agent that occurred on Nov. 29, 2023, on the 100 block of 12th Street, NE.

According to court documents, two individuals, one of whom was identified as Lynch, knocked a woman to the ground and demanded her keys and phone while pointing a handgun at her. The victim, unbeknownst to the defendant at the time, is an FBI agent. The victim fought back in the attack and was injured. Along with her phone and keys, ammunition in the back of her car was also stolen. 

At the hearing, Judge Di Toro deemed Lynch competent to stand trial based on a report from DBH dated June 20. 

In light of that finding, defense attorney, Lisbeth Saperstein, requested additional time to discuss other concerns contained in the report, separate from competency, that needed to be addressed with Lynch. 

Lynch declined to make a statement, however Saperstein stated that Lynch had been cooperative while at the jail and was working hard to better himself. Saperstein also pointed out Lynch’s mother was present in court to support him.

The court will reconvene on Aug. 13.

Shooting Defendants Reject Wired Plea Offer 

Shooting co-defendants rejected a wired plea deal extended by prosecutors before DC Superior Court Judge Robert Okun during a June 21 hearing. 

Daquawn Lubin, 29, and Jonathan Young, 34, are charged with conspiracy, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault while armed, and four counts of possession of a firearm during a crime of violence, for their alleged involvement in a non-fatal shooting that injured two individuals. The incident occurred on July 24, 2023 on the 4600 block of Benning Road, SE.

At the hearing, the prosecutor alerted Judge Okun they had extended a wired plea deal, which required both defendants to agree to the terms for it to be valid. According to the prosecutor, the plea deal required Lubin and Young to plead guilty to aggravated assault while armed, assault with intent to kill while armed, and two counts of possession of a firearm during a crime of violence, in exchange for a dismissal of all other charges. 

Kevin O’Sullivan, Lubin’s defense attorney, and Cheryl Stein, Young’s attorney, told Judge Okun they were both rejecting the plea deal. 

Parties are slated to reconvene Oct. 18. 

Judge Sentences Homicide Defendant to 135 Months 

DC Superior Court Judge Robert Okun sentenced a homicide defendant to 135 months of incarceration, as agreed upon through a plea deal, on June 21. 

Anthony Lewis, 25, was originally charged with first-degree murder while armed for his involvement in the fatal shooting of 19-year-old Cameron Clemons. The incident occurred on the 600 block of Otis Place, NW, on May 18, 2022.

Clemons died of fungal pneumonia on June 4, 2022, as a result of the gunshot wound.

On Jan. 18, Lewis accepted a deal which required him to plead guilty to voluntary manslaughter while armed in exchange for the prosecution not seeking an indictment. 

During the hearing, prosecutors and Lewis’ defense attorney, Julie Swaney, requested Judge Okun accept the agreement they had reached, stating 11 years and three months of incarceration was sufficient for Lewis based on his criminal history and the nature and circumstances of the event. 

The prosecution read a short statement from Clemons’ mom, in which she told the court, “I look forward to death as a result of this nightmare,” stating the loss of her son had been too much to handle. 

Likewise, Clemons’ grandmother stated that Lewis, “would never understand what it’s like to birth your baby and watch your child die.” She added Lewis is unaware of the “devastation and destruction” he imposed on their family and community. 

According to the prosecution, Clemons was a by-stander in a shootout that occurred between Lewis and a group of individuals at the location, and was merely “caught in the crossfire.”

The prosecution told Judge Okun that, of the 40 shots fired during the incident, 10 were fired by Lewis. However, she commended him for taking responsibility and admitting to overreacting in the situation. 

“His fear did not justify his actions,” said the prosecutor, stating that Lewis, who was on probation for a prior gun conviction at the time of the incident, believed to be in danger as he conversed with a group of individuals.

“He didn’t learn his lesson,” stated the prosecutor, insisting that, although he got rid of the murder weapon, there was a firearm in his grandmother’s house at the time of his arrest. 

They requested he not be sentenced under the Youth Rehabilitation Act (YRA), which seals a young defendant’s conviction when and if they successfully complete all sentencing requirements. 

However, Swaney asked Judge Okun to grant the sentence under the YRA, stating he has no felony convictions, and “really did want to take responsibility” for his actions. 

According to Swaney, the conversation with the group stemmed from a prior negative interaction between an individual in the group and Lewis’ sister. “He acted in an attempt to protect his sister,” Swaney claimed. 

“He is still developing,” Swaney said regarding the YRA, adding that everyone who knows Lewis “see[s] a lot of potential in him.”

She argued it would be beneficial, for Lewis and the community, if he is sentenced under the YRA to ensure he has a better chance of employment and life. “YRA [sentence] is not something you just get, you earn it,” claimed Swaney, arguing Lewis had put in the effort and work to earn a sentence under it. 

“I take full responsibility for my actions,” Lewis told Judge Okun, adding “what happened to [Clemons] is very unfortunate.”

“An innocent person lost his life,” insisted Judge Okun, adding that Clemons was merely a bystander in the incident. However, he stated, he agreed “a sentencing at the middle of the range is appropriate,” and would approve the parties’ proposed sentence. 

Lewis was sentenced to 135 months of incarceration, and was ordered to register as a gun offender, and participate in anger management, mental health and substance abuse assessments and treatment.

“This is a very serious offense,” Judge Okun said, adding “but I see some real potential in you… I hope you can turn things around.”

No further dates were set.

Stabbing Defendant Released, Despite Probable Cause Finding

DC Superior Court Judge Rainey Brandt released a stabbing defendant as he awaits further proceedings, during a June 21 hearing. 

Dennis James Bowler, 56, is charged with assault with intent to kill while armed for his alleged involvement in a stabbing on May 24 at his apartment on the 3000 block of Rodman Street, NW. One individual sustained injuries during the incident.

According to court documents, Bowler asked the victim if he had drugs and the victim said no, causing Bowler to ask him to leave. The victim then tried to retrieve a drug tablet in the apartment, which led to an altercation in which the victim allegedly hit Bowler in the head with a toilet tank cover. Bowler then allegedly stabbed the victim multiple times and the victim attempted to leave but the door was jammed. Eventually both left the apartment building. 

On June 18, Judge Brandt found that the prosecution presented sufficient evidence establishing probable cause the defendant may be the perpetrator. 

At the hearing, parties discussed whether or not to release the defendant as he awaits further proceedings.

Defense attorney Jason Clark laid out a release plan that included the defendant’s being released into a specialization unit at Pathways, which is a transitional employment program, and getting in contact with Veteran Affairs (VA) for mental health help, and finding new housing as the incident took place at his apartment. 

Additionally, Clark pointed out that Bowler has been compliant thus far with Pathways’ home visits. 

In response, the prosecution argued that Bowler was already receiving help from Pathways at the time of the incident and that did not stop it from occurring, citing his previous conviction in a non-fatal stabbing in 2018. 

The prosecution claimed that the circumstances involving the 2018 case and the current case are “disturbingly similar.” Both involved the victim being invited into the defendant’s home and getting stabbed over a “perceived slight.” 

Additionally, Bowler has had many misdemeanor cases and a few assault cases in the early 2000’s, according to the prosecution. They argued that no accommodations can be made to keep the community safe. 

In response, Judge Brandt said that Bowler’s prior criminal history has the common factor of alcohol, and she will not judge him based on convictions over the past 30 years. 

“This case is lukewarm,” Judge Brandt said, citing law enforcement’s lacking investigation in the past month.

Judge Brandt argued parties failed to provide sufficient information or evidence to help on her decision.

Ultimately, Judge Brandt decided that Bowler will be released on strict conditions, including complying with his Pathways mental health regimen, going to the VA for additional mental health programs, wearing a GPS ankle monitor, and checking in with the Specialized Supervision Treatment program (SST) at the Pretrial Services Agency (PSA). 

Additionally, Bowler is ordered not to take drugs or drink alcohol.

Parties will meet again July 11 to ensure Bowler is following his release conditions.

Judge Denies Stabbing Defendant’s Request For Release

DC Superior Court Judge Anthony Epstein denied a stabbing defendant’s request for release, after his re-arrest on a bench warrant due to his failure to appear, during a June 18 hearing.

Curtis Dupree, 35, is charged with assault with intent to kill while armed for his alleged involvement in a stabbing that occurred on Nov. 4, 2022 on the 3100 block of 16th Street, NW. 

According to court documents, the incident involved a dispute between an individual, identified as Dupree, and the victim that ended with the defendant’s allegedly stabbing the victim and then fleeing the scene. The two individuals involved were romantically involved and had known each other for approximately 18 months. The victim was able to recover after hospitalization.

On May 28, Dupree was picked up on a bench warrant that was issued for him when he missed a scheduled court date in October of 2023. 

During the hearing, Dupree’s defense attorney, Christen Romero, told the court that Dupree had been in the hospital and needed hand surgery, but was worried about losing his housing at the Christ House shelter, if he had to stay overnight at the hospital. 

Dupree admitted to being overwhelmed by the decision and said that is why he did not show up to court. 

Romero requested Dupree be released to live with his mother as he awaits trial, arguing that he has not committed crimes while released, and insisting he would comply with all conditions.

Additionally, Romero said the prosecution has not yet filed an indictment, despite being past the nine month deadline. She argued Dupree should be released until an indictment is filed.

The prosecution responded that since he was on a bench warrant, the nine month indictment clock stopped and they were no longer held to that commitment. 

Judge Epstein sided with the prosecution and denied Dupree’s request for release. 

Parties will reconvene July 12.

Defendant Pleads Guilty in Marijuana Robbery Turned Shooting

A defendant accused in a robbery-turned-shooting case that was expected to go to trial accepted a plea deal before DC Superior Court Judge Errol Arthur on June 20.

Kevin Bailey, 24, was originally charged with conspiracy while armed, robbery while armed, possession of a firearm during a crime of violence while armed, assault with significant bodily injury while armed, assault with a dangerous weapon, and four counts of possession of a firearm during a crime of violence for his alleged involvement in an armed robbery and shooting involving two male victims inside of a car on April 14, 2020.

The incident occurred at the intersection of Gallaudet Street and Central Place, NE. One of the victims was treated at a hospital for gunshot wounds to his right shoulder. 

According to a police report, one victim stated he organized a transaction through Instagram to sell marijuana, and would meet up with two Black males. He stated one of the men attempted to take the marijuana without paying, while the second man pulled a gun on him. He told police he attempted to flee, but heard two or three gunshots and realized he had been hit. 

Despite a hearing held on June 7, where the defense stated they were ready for trial and Judge Arthur denied their motion to dismiss, defense attorney Daniel Dorsey stated that Bailey had agreed to enter a guilty plea.

The prosecution stated they would have proven beyond a reasonable doubt that Bailey stole marijuana and intended to steal, used physical force, and tried to injure and assault with a firearm an individual driving a car, in addition to the robbery and the shooting.

The deal required Bailey to plead guilty to robbery, assault with a dangerous weapon, and carrying a pistol without a license, dismissing all of the remaining counts of his indictment.

Judge Arthur read Bailey his rights to enter a plea agreement and reaffirmed that he could stay on release prior to sentencing as he remained in compliance with his conditions.

Parties are scheduled to return for sentencing on Aug. 20.

Document: MPD Searching for Shooting Suspect Vehicle

The Metropolitan Police Department (MPD) is seeking the public’s assistance in locating a suspect vehicle involved in a shooting that injured one individual on June 20 at the 1900 block of 18th Street, SE.

Juvenile’s Sentencing Delayed for Lack of Placement 

DC Superior Court Judge James Crowell granted the parties’ request to postpone sentencing for a juvenile found guilty of murder while authorities search for a suitable place the child can serve his sentence. 

Officials from the DC Department of Youth Rehabilitation Services (DYRS) told both parties they needed additional time to complete a pre-sentencing report and recommendation, in a June 20 hearing. 

On May 21, the juvenile, a 16-year-old boy, was convicted of  first-and-second-degree murder while armed, assault with intent to murder while armed, assault with intent to kill while armed, possession of an unregistered firearm, unlawful possession of ammunition, and unlawful discharge of a firearm, for his involvement in the fatal shooting of 27-year-old Jihad Darden. The incident occurred on Dec. 18, 2023, on the 5400 block of Illinois Avenue, NW. 

The boy was acquitted of carrying a pistol without a license. 

Amanda Epstein, the boy’s attorney, and the prosecution alerted Judge Crowell that DYRS had failed to complete a pre-commitment report, in which they typically recommend a place to serve the sentence, and a violence risk assessment.

Because of the delay, parties requested a 30 day continuance.

Parties are slated to reconvene July 30. 

Plea Deal Questioned in Shooting Case, Suspect Denied Release

In a hearing before DC Superior Court Judge Errol Arthur, the lawyer for a shooting defendant discussed the status of a plea offer, and the suspect’s denied release on June 20.

Keith Walker, 30, is charged with assault with a dangerous weapon for allegedly shooting a male victim on March 7 at an apartment complex located near the 3100 block of Buena Vista Terrace, SE. 

According to a police report, the victim stated he got into a verbal altercation with Walker because he did not want Walker to speak with the victim’s daughter. The victim stated Walker was dating his daughter’s mother, who lives with the victim.

Despite the shooter’s wearing a black ski mask, the victim allegedly identified him as Walker in a photo array presented by a detective. The victim stated he recognized Walker’s voice, noticed his dreads, and recalled that his eyes were red, which he claimed was a common occurrence, according to court documents.

Tamara Jones, Walker’s defense attorney, alerted the court he was rejecting an offer extended by the prosecution, which required Walker to plead guilty to assault with a dangerous weapon and carrying a pistol without a license, in exchange for the prosecution not seeking an indictment.

Jones stated they needed more time to consider the plea offer, adding this is Walker’s first time being incarcerated, and inexperienced with the legal system.

The prosecutor, meanwhile, stated the plea offer had expired, amidst Judge Arthur’s confusion that the offer was still open.

“I don’t mean to beat the dead horse here,” said the prosecutor, stating the prosecution would not be required to offer another plea deal because the defense had requested a trial date during the hearing.

Prior to addressing the plea offer, Jones requested her client’s release, claiming Walker is willing to comply with any conditions Judge Arthur would impose in order to mitigate the potential danger he may present to the community – for example, GPS monitoring and stay away orders from any witnesses.

She stated Walker had no criminal history or mental health problems, and highlighted his “deep family ties” and the fact that he was a “devoted employee.” She reminded Judge Arthur that a firearm has yet to be recovered. 

Additionally, Jones referred to the victim, as an “unreliable witness.” She claimed he was under the influence of marijuana at the time of the incident and “changed his story several times.” She also added that the victim has been “known to be jealous of his ex-girlfriend.”

The prosecutor stated the defendant fired at an individual in close range, presented himself as a dangerous threat, and caused significant injury to the victim. 

According to the prosecutor, the victim broken bones in his lower leg, underwent surgery, and has been receiving physical therapy. 

The prosecutor told Judge Arthur, the victim is in fear of returning to his home in DC because of possible acts of retaliation from Walker’s family or friends.

Judge Arthur denied the defense’s motion for release, stating that given “the nature of the allegations” there would be no conditions “that would assume the safety of the community.”

Parties are set to reconvene Aug. 2.

Stabbing Defendant Released, Waives Preliminary Hearing  

A stabbing defendant waived her rights to a preliminary hearing in front of  DC Superior Court Judge Renne Raymond during a June 18 hearing. 

Yolanda Denise Miles, 51, is charged with assault with a dangerous weapon and assault with significant bodily injury for her alleged involvement in a stabbing that occurred on the 800 block of 19th Street, NE, on June 14. One individual sustained injuries from the incident. 

According to court documents, officers responded to the defendant’s apartment after receiving a call from Miles, in which she stated  she had stabbed the victim in the chest. At the apartment, officers found Miles and the victim hunched over on the hallway floor. A red handle knife that was folded up was retrieved from the scene. 

Miles’ defense attorney, Raymond Jones, alerted the court she was waiving her right to a preliminary hearing, and requested that Miles be released, without objection from the prosecution.

Judge Raymond granted the request for release, ordering Miles to check in with the Pretrial Services Agency (PSA) biweekly. She is also prohibited from harassing, stalking, or assaulting the victim or any witness.

Parties are scheduled to meet on July 29.