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Sentencing in Carjacking Case Delayed for Educational Purposes

DC Superior Court Judge Sean Staples granted a carjacking defendant’s request to delay sentencing to allow him to finish his education at the DC Jail during a June 18 hearing.

Marquis Funderburk, 21, pleaded guilty to carjacking on Dec. 15, 2023. He was originally charged with armed carjacking, three counts of possession of a firearm during crime of violence or dangerous offense, robbery while armed, and assault with a dangerous weapon, for his alleged involvement in an armed carjacking. The incident occurred on May 16, 2022, on the 2400 block of 9th Street, NW.

According to court documents, Funderburk robbed the victim at gunpoint and took his car, phone, and other valuables. 

At the sentencing hearing, Albert Amissah, Funderburk’s attorney, requested an educational hold on Funderburk’s sentencing. He urged Judge Staples to allow the defendant to remain in DC Jail to complete an educational program at Georgetown University that is scheduled to end in December.

The prosecution did not oppose this request, but mentioned they were unaware of how the court could move forward with this request as it is usually granted in juvenile cases.

Judge Staples requested additional time to investigate how to logically proceed with allowing the defendant to continue his education while in DC Jail, despite his case’s requirement for him to be sent to the Bureau of Prisons (BOP). 

Parties are slated to reconvene July 31. 

Judge Finds Probable Cause for Second-Degree Murder Suspect

DC Superior Court Judge Anthony Epstein ruled that the prosecution’s evidence showed a defendant was the probable perpetrator in a homicide case, during a June 18 hearing.

Robert Lowe, 40, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of Kenneth Goins, 43, during a bar fight on the 1300 block of U Street, NW on April 27. He was arrested on May 20. 

During the hearing, the prosecution called a detective from the Metropolitan Police Department (MPD) to testify on his involvement in the investigation, which ultimately led to Lowe’s arrest. 

According to the detective, witnesses told MPD Lowe initiated a fight with Goins at a bar, and they ended up on the floor. Multiple gunshots were then heard and the victim died on the scene. 

Metropolitan police officers later conducted a double blind photo array–neither party knowing which is a suspect–with a witness, who identified Lowe as the one involved in the fight with Goins. 

Lowe’s defense attorney, Lisbeth Sapirstein, questioned MPD’s knowledge of a backpack recovered at the scene.

According to Sapirstein, a backpack, which included a revolver, marijuana, “white powder”, and pills, was located shortly after the incident. She questioned how MPD identified its owner, arguing it was difficult to prove to whom it belonged.

According to court documents, the revolver, found in the backpack, had a missing bullet, with a leftover casing. Saperstein questioned when the gun was fired, what that specific bullet hit, and if the shot could have come from Lowe.

She argued that when a revolver is fired, the casing of the bullet is not expelled from the firearm like in a semi-automatic handgun, which would explain why no casings were recovered from the scene. 

Saperstein wondered how Lowe could have shot Goins, if he was on the floor under Goins and a friend, who joined the fight as Lowe and Goins tussled.

According to the detective, a witness, who was identified as the bar’s bouncer, told MPD the situation “was crazy, I never saw a gun, I patted him down”, when talking about the suspect. 

However, an eyewitness told MPD they saw Lowe stand up and allegedly fire a revolver-like gun. 

According to the detective, other witnesses confirmed they didn’t see a gun or watch the shooting, but stated they heard shots fired as Lowe and Goins were tussling on the ground. 

Judge Epstein concluded that he found the evidence to be suggestive that Lowe was the initial provocateur, he was the shooter, and there was no indication of self-defense for Lowe.

Parties will reconvene on Feb. 14, 2025. 

Probable Cause Found in Stabbing Case

DC Superior Court Judge Rainey Brandt found that the prosecution presented sufficient evidence to prove that a stabbing defendant may have been the perpetrator, during a June 18 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. 

At the hearing, a detective from the Metropolitan Police Department (MPD) testified he interviewed Bowler at the scene of the crime where Bowler said the victim had hit him on the head with a toilet tank cover. 

The witness recalled his interview with the victim at a hospital, in which the victim said he hit Bowler in self defense because he was being stabbed. 

According to the detective, he obtained video footage from the lobby of the apartment building which showed the victim bleeding as he walked out of the building and Bowler dropping the knife in the lobby after coming down the stairs.

Based on the evidence, Judge Brandt ruled that the prosecution’s evidence presented the mandatory minimum to meet the probable cause ruling, adding that this case is an “elevated version of the classic he said, he said,” as the statements from the victim and Bowler were contradictory. 

Judge Brandt said she inferred the intent to kill from the differing injuries sustained between Bowler and the victim, with the victim’s having multiple stab wounds and two collapsed lungs while Bowler had an injury to the head.

According to Judge Brandt, “Up close and personal force” was used by Bowler during the incident, arguing his actions may not have been in self-defense. 

Jason Clark, Bowler’s defense attorney, requested he be released as he awaits further proceedings. However, Judge Brandt requested additional time to review all evidence and review the guidelines that apply to the case.  

Parties are slated to reconvene June 21. 

Judge Denies Shooting Defendant’s Request to Reinstate Release

DC Superior Court Judge Errol Arthur denied a defendant’s request for release for the second time on June 18, despite the defense adamantly asserting, “Every single thing you say to him, he will follow.”

Amonte Moody, 18, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for allegedly firing multiple gunshots at a car driving away on a public street at the 1700 block of Independence Avenue, SE on April 22. There were no injuries or property damage reported. 

According to court documents, Moody allegedly disassembled his firearm and hid it in a ceiling following the shooting. 

Moody was previously granted release by DC Superior Court Judge Lloyd Urban Nolan, Jr. on May 3, requiring the defendant to be under electronic monitoring and subject to home confinement.

Three days after Judge Nolan’s ruling, the prosecution filed an emergency motion for review of a magistrate judge’s order granting the defendant’s pretrial release and request for an emergency hearing, in which they argue that “defendants charged with these offenses pose special risks of dangerousness.” 

An emergency hearing was held on May 22, and Judge Arthur overturned Judge Nolan’s decision to release Moody, effectively ordering Moody’s detainment.

On June 18, Molly Bunke and Kavya Naini, Moody’s defense attorneys, requested Judge Arthur to reconsider Moody’s release, arguing for strict conditions, a 24-hour curfew, and a stay away order from DC – all while under electronic monitoring and home confinement. 

Bunke highlighted her client’s lack of a criminal history, and additional family ties that would further assure his release with strict conditions would not be an issue.  

“There will not be a threat to the community, there will not be any mistakes or missteps,” Bunke said in reference to Moody’s previous conduct in release agreements. 

Bunke also added that Moody “went above and beyond” during his short time on release, stating he connected with a mentor and enrolled in online classes.

“There will not be any mistakes. We know he can comply,” contended Bunke.

“The jail is an extremely dangerous place,” stated Bunke, emphasizing that young men like Moody are routinely exposed to drugs and violence. She stated it took multiple weeks to move her client from the DC Jail to the Correctional Treatment Facility (CTF), and added that there have been five deaths reported at the jail recently.

She added that Moody would only have the ability to receive a GED, as opposed to his high school diploma, if he were to remain in detainment.

Ultimately, Judge Arthur opposed the defense’s argument and denied Moody’s request for release. 

He mentioned that the argument was “identical” to the defense’s previous argument, which occurred prior to Bunke being assigned to the case..

Parties are slated to return on July 26.

Judge Holds Shooting Defendant During Presentments 

DC Superior Court Judge Heide Herrman ordered a shooting defendant be detained during a presentment hearing on June 17.  

Derval Nettles, 31, is charged with assault with intent to kill while armed for his alleged involvement in a non-fatal shooting that took place on the 2700 block of Langston Place SE on June 15. No injuries were reported.

According to court documents, four individuals drove to an apartment complex and fired multiple shots before someone fired back. Video footage captured an individual alleged to be Nettles fleeing the scene and dropping a gun in a nearby trash can.  

Police documents state they found Nettles near the trash can with a gunshot wound to the abdomen. He was transported to a hospital, where he is still receiving treatment.  

During Nettles’ presentment hearing, the prosecuting attorney stated the incident was “premeditated.”  

Judge Herrman decided there was enough evidence that showed probable involvement in the incident, and denied Nettles’ release.  

Parties are set to return on July 1.  

Defendant Accepts Plea Deal for a Murder and a Non-Fatal Shooting Committed a Month Apart

A homicide defendant accepted the prosecution’s plea offer for his involvement in two crimes before DC Superior Court Michael O’Keefe on June 14. 

Riley Benjamin, 32, was originally charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his involvement in the murder of 31-year-old Maurice McRae on Feb. 19, 2022, on the 3000 block of Bladensburg Road, NE.

Benjamin was also charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, aggravated assault while armed, assault with a dangerous weapon, unlawful possession of a firearm, carrying a pistol without a license, threatening to injure or kidnap a person, unauthorized use of a vehicle, and fleeing a law enforcement officer for his involvement in a non-fatal shooting that occurred on Jan. 22, 2022, on the 1400 block of Okie Street, NE. 

At the hearing, Julie Swaney, Benjamin’s attorney, alerted the court he was accepting a global plea deal extended by the prosecution, which required Benjamin to plead guilty to voluntary manslaughter while armed and assault with intent to kill, in exchange for a dismissal of all other charges. 

Through the deal, the parties agreed to a sentencing of 15 years for manslaughter and a sentence within his applicable sentencing guidelines for the assault charge. The sentences will be served concurrently.  

The court will reconvene for sentencing on Aug. 30. 

Homicide Defendant’s Case Dismissed

Prosecutors in a homicide case alerted DC Superior Court Judge Rainey Brandt during a June 18 hearing. they were dismissing a case against a defendant who allegedly aided and abetted her son.

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

Garcia is also facing deportation charges from the Immigration and Customs Enforcement (ICE) agency in Georgia.

Originally scheduled to be a status hearing regarding the trial dates and the possibility of expedited DNA testing for trial, the prosecution surprised the court with its request for dismissal of Garcia’s indictment without prejudice, meaning the prosecution can re-indict Garcia at a later date.

Garcia, emotionally embraced defense attorney Amanda Epstein, as Judge Brandt said, “Ms. Garcia, you are free to go ma’am.” 

No further dates were set. 

Judge Delays Murder Trial for PTSD Evaluation of Defendant

The murder trial of Kenneth Stewart will be delayed to allow an expert in post-traumatic stress disorder (PTSD) to evaluate him, DC Superior Court Judge Marisa Demeo ruled on June 16.

Stewart, 62, is charged with first-degree murder while armed and assault with a dangerous weapon for his alleged involvement in the fatal stabbing of Courtney Jones, 54. The incident took place on July 23, 2020, on DC 295 southbound, just prior to the Pennsylvania Avenue exit.

According to court documents, Stewart and Jones were riding home from a visit to National Harbor with two other men, when Stewart began taking swings at Jones, forcing the driver of the vehicle to pull over.

The driver of the vehicle told police that Jones, seeing Stewart pull a knife, struck Stewart on the head with a glass bottle. The driver said Stewart went to Jones’ side of the vehicle and stabbed him multiple times before the driver could pull away and leave Stewart behind.

Stewart’s defense attorney, Dominique Winters, argued before Judge Demeo at a hearing on June 14 that Stewart should be personally evaluated for PTSD because an expert who has reviewed Stewart’s records believes his experiences suggest a strong likelihood of the disorder. 

Winters explained that she can’t ethically call her client to the stand to testify on his own behalf, due to his prior criminal history. Thus, the testimony of a PTSD expert is the only way to inform the jury of Stewart’s history of trauma and its effect on how Stewart perceives danger, which is crucial to Stewart’s claim to self-defense.

According to Winters, Stewart was once hospitalized for two weeks after being shot in the back, and on another occasion he was stabbed in the back. Winters asserted that the blow from the glass bottle that Stewart suffered during the altercation with Jones was to the back of the head, recalling the trauma of his previous assaults from behind.

The prosecution opposed the motion to delay Stewart’s trial on the grounds that the case is already four years old and that a PTSD evaluation couldn’t help Stewart’s defense.

“This is the kind of case that exacerbates the public’s disillusion with the justice system and our ability to hold violent offenders accountable or, conversely, to allow someone who is innocent to be acquitted and be released,” the prosecutor said in protest against the length of time the case is taking.

“At the trial, we believe the evidence will clearly show that the defendant has forfeited his claim to self-defense on both provocation and first aggressor grounds,” the prosecutor stated. 

According to court documents, the driver of the vehicle carrying Stewart and Jones on the day of the incident told police that Stewart had been trying to provoke Jones all day, but Jones had been trying to avoid a fight.

The prosecutor maintained that a PTSD diagnosis would not be admissible as evidence to support a claim of self-defense because it would constitute a diminished capacity defense, which isn’t legal in DC.  As opposed to pleading insanity which means a person can’t distinguish between right and wrong, a diminished capacity defense means a suspect is mentally incapable of intentionally committing a crime.

Winters responded that attorneys from the Public Defender Service for the District of Columbia (PDSDC) had called PTSD experts to testify in previous trials.

Judge Demeo postponed making a ruling on the defense’s motion at the hearing, saying she needed time to read the case law on the admissibility of PTSD evidence. 

On June 16, Judge Demeo granted the motion to delay the trial for a PTSD evaluation.

Stewart’s next hearing is scheduled for June 18.

Document: MPD Investigating Southern Avenue Hit and Run Crash

The Metropolitan Police Department (MPD) is investigating a fatal crash, where an involved driver fled the scene after striking 43-year-old Damien Dempsey’s vehicle on June 17 on the 5700 block of Southern Avenue, SE.

Dempsey was transported to a local hospital, where he succumbed to his injuries.

Document: MPD Investigating Fatal Shooting in Southeast

The Metropolitan Police Department (MPD) is investigating a fatal shooting that occurred on June 9 on the 1900 block of 18h Street, SE.

According to MPD documents, officers responded to the location for the report of sounds of gunshots, where they located a an with gunshot wounds. He died at the scene.

The individual was identified as 18-year-old Dionte Alexander.

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: Second Suspect Apprehended in Florida for March 2023 Double Fatal Shooting

The Metropolitan Police Department (MPD) announced a second suspect was arrested in connection to a March 7 shooting that killed two people and left another injured on the 2700 block of Bruce Place, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located two men suffering from apparent gunshot wounds. DC Fire and Emergency Medical Services (EMS) responded to the scene, and after finding no signs consistent with life, one of the men was pronounced dead. The second victim was transported to an area hospital for treatment.

The adult male decedent was identified as 23-year-old Dana Faulkner.

Shortly after, officers responded to the intersection of Wheeler Road and Mississippi Avenue, SE, for the report of an unconscious person, where they located a juvenile male suffering from an apparent gunshot wound. The victim was transported to a hospital for treatment of critical injuries. Detectives’ investigation revealed the victim was at the shooting location at the time of the incident.

On March 9, the juvenile male succumbed to his injuries and was pronounced dead. He was identified as 15-year-old Abdul Fuller.

On June 11, a 17-year-old male was arrested in Florida and charged with first-degree premeditated murder while armed. He will go through the extradition process.

Previously, on Dec. 21, a 19-year-old male was arrested and charged with first-degree premeditated murder while armed.