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Carjacking Defendant Waives Right to Independent DNA Testing

A carjacking defendant voluntarily waived his right to independently test DNA evidence recovered from a crime scene in front of a DC Superior Court Judge Erik Christian on June 13. 

Dontrell Harrison, 48, is charged with assault with a dangerous weapon and assault with significant bodily injury for his alleged involvement in a stabbing on April 22 at 300 Livingston Terrace, SE. One individual sustained injuries during the incident.

During the hearing, the prosecutor alerted the court they were going through with DNA testing of the evidence recovered at the scene, specifically blood on a knife. The knife is the only physical evidence being tested by the prosecution.

Camille Wagner, Harrison’s defense attorney, alerted the court Harrison was waiving his right to independently test the evidence. 

Judge Christian was satisfied with Harrison’s voluntary waiving of his rights. 

Parties are slated to return July 11 for trial readiness hearing.

Competency Evaluation Ordered for Shooting Defendant, Preliminary Hearing Delayed

A shooting defendant’s attorney requested her client’s competency be evaluated, in what was supposed to be a preliminary hearing before DC Superior Court Judge Anthony Epstein on June 13.

Lamar Fosque, 30, is charged with assault with intent to kill while armed, assault with a dangerous weapon, and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on May 11, on the 3600 block of Brother Place, SE. One individual sustained injuries during the incident. 

According to court documents, the defendant allegedly fired a single shot directly at one of the victims, striking the right arm. The defendant then pursued the victim firing the gun again. The second victim, who was unharmed, called 911 and identified the alleged shooter as Fosque.

Officer’s canvassing the area saw a male that matched the description of Fosque get onto a bus. A traffic stop was conducted leading to the defendant’s arrest.

During the hearing, Camille Wagner, Fosque’s attorney, requested a mental competency evaluation be ordered for Fosque before going through with the preliminary hearing. 

Parties also alerted the court that they are in plea negotiations, and will most likely make a decision before the next hearing. 

Judge Epstein granted the request for mental evaluations. 

Parties are slated to return on June 18. 

Carjacking Defendant Pleads Not Guilty 

Defendant pleads not guilty to carjacking case involving threats to kidnap before DC Superior Court Judge Heidi Pasichow

Guilbert Rojas Villarroel, 40, is charged with armed carjacking, robbery while armed, first-degree theft, and threats to injure or kidnap a person, for his alleged involvement in a carjacking incident that occurred Sept. 9, 2023 on the 2100 block of K Street, NW. No injuries were reported. 

According to court documents, this incident involved a driver who was picking up an Uber Eats order when the defendant occupied the driver’s seat with the owner’s brother in the passenger seat. Following this action, the defendant allegedly made threats to kill the car owner’s brother if he were to try and contact emergency services or the authorities. 

On June 13, Rojas Villarroel and his defense attorney, Christopher Mutimer, alerted the court he was pleading not guilty to all charges. 

Parties are slated to return on July 17. 

Judge Grants Request for Delay for Competency Evaluation

DC Superior Court Judge Maribeth Raffinan granted a defense attorney’s motion to delay sentencing in a homicide case, voicing concern for his clients’ mental competency, during a June 13 hearing. 

Jamari Payne, 22, was originally charged with second-degree murder while armed for the shooting of 57-year-old Bacilio Villatoro on Sept. 22, 2022 on the 3000 block of Adams Street, NE. 

According to court documents, the murder took place in an alleyway where Payne was seen snooping around a tree company truck where Villatoro worked. Payne approached Villatoro and a physical altercation occurred resulting in Payne allegedly shooting him.

On Jan. 5, Payne accepted an offer, which required him to plead guilty to second-degree murder while armed and robbery, in exchange for the prosecution’s not seeking an indictment. Through the deal, parties agreed to a ten-to-22 year sentence range.

Payne’s defense attorney, Jason Tulley, filed a motion for ineffective assistance after the prosecution’s plea deal stated that there would be further mental health testing for Payne could take place, but hasn’t taken place.

Tulley requested a continuance so that Payne can get tested by a neuropsychologist, to potentially reduce his sentence based on diminished capacity.

The prosecution asked the court to not postpone sentencing so the family can have closure.

The defense argued for delay due to a widely anticipated Public Defender Service’s (PDS) furlough during which agency lawyers would only work four day weeks which could slow down court proceedings.

Judge Raffinan found that the defense had “good cause” for the continuance, and granted the request. 

Parties are slated to return Oct. 25. 

Defense Argues Defendant’s Statements to Police Were Unconstitutional

In a co-defendant homicide case in front of DC Superior Court Judge Robert Okun on June 12, one defense team argued against admitting statements made by their client in an interview with a detective.

Mark Price, 29, and Antonio Murchison, 31, are charged with conspiracy, first-degree murder while armed, five counts of assault with intent to kill while armed, aggravated assault while armed, seven counts of possession of a firearm during a crime of violence, and seven counts of criminal gang affiliation. The charges stem from their alleged involvement in a mass shooting on July 16, 2018 on the 5300 block of 53rd Street, NE. The incident left 10-year-old Makiyah Wilson dead and four other individuals with gunshot wounds. 

Additionally, Price is charged with first-degree murder while armed, two counts of assault with intent to kill while armed, threat to injure or kidnap a person, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict and first-degree burglary while armed. These separate charges come from his alleged involvement in the fatal shooting of 47-year-old Andre Hakim Young on July 30, 2018 on the 1500 block of 19th Street, NE. 

At the hearing, Judge Okun heard a motion to suppress statements and evidence filed by Murchison’s defense on May 1. Michael Bruckheim, Murchison’s defense attorney, argued that his client’s Fourth Amendment rights were violated because of an illegal arrest and seizure on Aug. 2, 2018. 

According to Bruckheim, detectives from the Metropolitan Police Department (MPD) did not follow protocol when questioning Murchison regarding the homicide at the same time he was administered a DNA buccal swab for a stolen vehicle. 

Prosecutors called on a detective from MPD to the stand, to testify regarding the interview with Murchison on Aug. 2 and 28, 2018.

According to the detective, Murchison was brought to the police station because a judge issued a search warrant for Murchison, which required a buccal swab. The detective confirmed that testing is a very quick procedure and is only supposed to take a few minutes. 

The detective testified that once the buccal swab was obtained, the search warrant was fully executed. 

Despite this, when questioned by Bruckheim, he admitted that detectives wanted to interview Murchison regarding the homicide, despite his not being arrested in connection to the incident.

As well, the detective confirmed that after completing the buccal swab, Murchison was brought to an interrogation room and his Miranda rights against self-incrimination were not presented.

Rather they were allegedly read to him after being in the room for almost two hours. At some point, though, according to the detective, Murchison was alerted that he was the suspect in two homicide cases. 

As per Bruckheim, Murchison was held in an interrogation room for multiple hours, and placed in handcuffs and escorted to the bathroom, despite not being told he was under arrest. 

The detective testified that he would not have handcuffed Murchison given that there was no arrest warrant, but said he was unsure what the detective who handcuffed him knew about the situation.

According to the detective, at least two other suspects for the murder were being interrogated in separate rooms at the time of Murchison’s interrogation. 

Bruckheim contended that MPD officials “collectively designed to elicit incriminating” evidence from his client by illegally interrogating him.

Furthermore, Bruckheim argued that Murchison would not have voluntarily participated in the interview had he known, and been clearly told by detectives, it was not mandatory.

He stated that at no point was Murchison told he was “free to go,” but instead was held in an interrogation room for almost two hours before being told his Miranda rights and that he was subject of the investigation. 

He also emphasized his client’s “uncertainty” of the situation, stating Murchison did not know what was going on. “It appears that he was never given an option or choice that he could leave,” said Bruckheim.

Bruckheim also asserted that MPD officials “had no justification, no legal reason to keep him there.”

Conversely, the prosecution objected to defense arguments, saying that there was no violation of Murchison’s Miranda rights and no basis that Murchison was under arrest. They also added that “there is zero evidence of interrogation.”

Judge Okun needed more time acknowledging that it is “not a frivolous motion.”

Asides from the motion to suppress evidence, Judge Okun heard arguments and denied the motions to dismiss the conspiracy charge for Price, and to preclude autopsy photographs and body worn camera footage from trial.

Price’s defense attorney, Megan Allburn, requested the dismissal of her client’s conspiracy charge, but Judge Okun said there “is sufficient basis,” adding that Price was already indicted on that charge.

The prosecution stated their evidence proves Price and other co-defendants conspired for a shooting and that Price committed six overt acts in the conspiracy. 

Additionally, all parties addressed the motion to preclude autopsy photographs and body worn camera footage, but Judge Okun ruled that the evidence was relevant and necessary to show jurors, despite defense attorneys for Price and Murchison requesting the autopsy photos not be used in trial against their clients. 

The autopsy photos depicted Wilson’s front entrance and back exit wound, while the body camera footage showed an officer arriving at the crime scene with a crowd of people, including Wilson, who soon received CPR. 

The defense stated the evidence is very emotional and prejudicial, adding that the body camera footage, at the very least, should have the victim blurred. 

The prosecution stated, “It’s very difficult to watch,” adding that “the jury should see that [Wilson’s] shirt is soaked in blood.” 

“The [prosecution] does not have to hide that from the jury,” stated the prosecutor. She also argued that the video was relevant for location purposes.

Due to time constraints, Judge Okun deferred rulings for other outstanding motions, which will be discussed as trial occurs. 

Parties are slated to reconvene June 13.

Homicide Defendant Pleads Not Guilty in Arraignment

A homicide defendant pleaded not guilty during an arraignment in DC Superior Court Judge Robert Okun’s courtroom on June 13.

Jeremiah Evans, 20, is charged with first-degree premeditated murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 18-year-old Khalliqo Ford on June 15, 2023, on the 200 block of K Street, SW.

Stephen LoGerfo, Evans’ defense attorney, alerted the court he was pleading not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial.  

Parties scheduled a trial for Aug. 25, 2025. 

However, the duration remains uncertain, as the prosecution has not yet provided an estimate of how long their case might take.

The judge inquired about the status of the DNA testing of evidence recovered at the scene. 

The prosecution acknowledged that the full DNA test results are not yet available, but indicated that they expect to receive them from the lab within the next 60 days. Once the results are received, they will be promptly turned over to the defense.

The next court date is scheduled for Aug. 16 for a status hearing. 

Prison Stabbing Defendant Acquitted of All Charges

Deliberations concluded on June 12 after closing arguments in a prison stabbing case, with the jury in DC Superior Court Judge Jennifer Di Toro’s courtroom acquitting the defendant of all charges.

Antoine Donvell Johnson, 28, was originally charged with assault with a dangerous weapon, assault with significant bodily injury, and unlawful possession of contraband in a penal institution, for his alleged involvement in a stabbing that occurred at the DC Jail on the 1900 block of D Street, SE, on Jan. 15. One individual sustained injuries from the incident. 

According to the prosecution, multiple video footage perspectives from the DC Jail depict an individual, identified as Johnson, in a physical fight with the victim. Officers went to the scene and used pepper spray to calm the situation. The victim was found with multiple stab wounds and was treated for severe injuries.

The prosecution further argued that the amount of force Johnson used against the victim was not reasonable, denying Johnson’s self-defense claim. They stated that Johnson was the aggressor and held the knife, so any other information– such as where the knife came from or what the victim said to Johnson –was a “distraction” to the facts of the case.

Johnson’s defense attorney, Matthew Rist, argued that the prosecution’s case was a “misinterpretation” of the incident. He said Johnson acted in self-defense, believing he was in imminent danger.

“I punched myself out of what I thought was going to be a four-on-one situation,” Johnson had stated. Rist asked the jury to consider Johnson’s unique circumstances as an inmate, that appearing fearful or weak would put him in more danger. 

Following a day of deliberations, the jury found that the prosecution had failed to prove beyond a reasonable doubt that Johnson was the perpetrator in the incident.

Johnson has been released from custody for this case, but remains detained as he awaits future proceedings in a shooting matter.

Document: MPD Investigating Navy Yard Fatal Shooting

The Metropolitan Police Department (MPD) is asking anyone with information regarding the fatal shooting of 31-year-old Michael Sebastian, which occurred on June 12 on the unit block of K Street, SE, to reach out to them.

Document: MPD Arrests Man for a Shooting in Northeast

The Metropolitan Police Department (MPD) announced the arrest of 34-year-old Christopher Wise in connection to a shooting that occurred on June 10 on the 4100 block of Minnesota Avenue, NE. One individual sustained non-life-threatening injuries.

Wise is charged with assault with a dangerous weapon.

Shooting Defendant Accepts Plea Deal

A defendant in a shooting case accepted a plea deal extended by prosecutors in the courtroom of DC Superior Court Judge Robert Salerno on June 12.

Alonte Miller, 21, was originally charged with two counts of assault with a dangerous weapon for his involvement in a non-fatal shooting incident that occurred on April 20 on the 3000 block of Stanton Road, SE.

According to the prosecution, Miller struck two female victims on the head with his firearm. The first victim received a laceration on the head and the second victim’s face experienced swelling due to the hit. The gun went off once, but nobody was shot.

During the hearing, defense attorney Stephen LoGerfo alerted Judge Salerno that Miller was accepting a deal which required him to plead guilty to one count of assault with a dangerous weapon. In return, the government would not seek indictment or greater charges, as well as waive any enhancement charges.

Miller pled guilty and waived his rights to DNA testing, indictment, and a trial.

Per the plea agreement, both parties recognized a maximum sentence of ten years for Miller. Logerfo requested that parties consider Miller’s release because he has a significant leg injury and will need surgery in the near future.

Judge Salerno asked for time to consider Logerfo’s request who also filed for a Youth Rehabilitation Act Study Commitment which allows flexibility in sentencing youthful offenders.

Parties will return Aug. 16 for sentencing.

Concern Over Mental Competence Delays Co-Defendant Trial

DC Superior Court Judge Lynn Leibovitz delayed a trial in a shooting incident to grant additional time for mental evaluations for one of two defendants, during a June 12 hearing. 

Kevin Harrison, 23, and Christopher Hinton, 18, are charged with carrying a pistol without a license outside home or place of business and unlawful discharge of a firearm for their alleged involvement in an incident where shots were fired near Howard University Hospital on June 26, 2023 at the 2200 block of 10th Street, NW. 

According to court documents, Hinton and Harrison were stopped by officers and patted down in which allegedly yielded a concealed firearm on Hinton. A firearm, allegedly thrown by Hinton under a nearby parked vehicle during the chase, was also recovered by officers.

The previously scheduled trial date of June 18, was vacated to allow time for Harrison’s mental competence to be evaluated. 

The other defendant, Hinton, who remains on release, requested through his lawyer, Andrew Ain, to reduce his reporting requirements to the Pretrial Services Agency (PSA). 

Judge Leibovitz granted the request, ordering Hinton to check in once a week.

The new date for trial is scheduled for October 8 after Harrison’s mental competency has been determined.

Carjacking Defendant Waives Right to Independent DNA Testing

A carjacking defendant voluntarily waived his right to independently test DNA evidence recovered from a crime scene in front of DC Superior Court Judge Lynn Lebovitz on June 12. 

Hanif Brown, 18, is charged with two counts of robbery while armed, unarmed carjacking, and possession of a firearm during a crime of violence, for his alleged involvement in a carjacking and two armed robberies on April 9, 2023 at the 2700 block of 9th Street NW, 1100 block of U street NW, and the intersection of 11th Street and Wallach Place, NW.

During the hearing, the prosecution alerted the court they had gone through with DNA testing of the evidence recovered at the scene. 

However, Andrew Ain, Brown’s defense attorney, told the court Brown was waiving his right to independently test the evidence. 

Judge Lebovitz was satisfied with Brown’s voluntary decision.

Parties are slated to return July 25. 

 

Shooting Defendant Waives Right to Preliminary Hearing, Ordered Detained

A shooting defendant waived the right to a preliminary hearing before DC Superior Court Judge Renee Raymond on June 12. 

Demarco Darrell Bates, 27, is charged with assault with a dangerous weapon, possession of firearm during crime of violence, and unlawful possession of a firearm for his alleged involvement in a shooting incident that occurred on April 10 on the 2700 block of Langston Place, SE. Two individuals sustained injuries from the incident. 

According to court documents, a bullet went through an apartment building, grazing a woman’s ankle, and another struck a Metro bus’ windshield, causing broken glass to imbed in the driver’s ear.

During the hearing, Cedric  Miller, Bates’ defense attorney, alerted Judge Raymond he waived his right to a preliminary hearing.  Miller also requested that Bates be released to home confinement, stating he wants to raise his children.

However, the prosecution objected to the request, stating that the nature and circumstances of the event prove he continues to be a danger to the community.  

Judge Raymond denied the request for release, finding that Bates is an “overwhelming danger” to the community and will be held without bond. She also issued a stay-away order from the victims. 

Parties are slated to return July 18.

Stabbing Defendant on Probation Transferred to Inpatient Treatment

DC Superior Court Judge Robert Salerno ordered that a stabbing defendant on probation be moved to inpatient drug and alcohol treatment for concerns about further noncompliance, during a June 12 hearing.

Alphonso Thorne, 39, was originally charged with assault with a dangerous weapon for his involvement in a stabbing that occurred on Dec. 2, 2023 on the 2300 block of Pennsylvania Avenue, SE.

According to court documents, the victim was stabbed in the arm after attempting to stop an argument that turned into a physical fight between Thorne and a third individual. 

On Feb. 2, Thorne pleaded guilty to attempted assault with a dangerous weapon, and was sentenced to 18 months, with all suspended. 

During the hearing a representative from the Court Services and Offender Supervision Agency (CSOSA) informed the court that Thorne’s overall compliance with probation services was poor. 

According to the CSOSA representative, Thorne had multiple positive tests for PCP and alcohol, failed to report for testing, and was failing to appear for probationary meetings.

The CSOSA representative recommended that Thorne be transferred to an inpatient rehabilitation facility instead for closer supervision. 

Thorne’s defense attorney, Darryl Daniels II, requested he remain in outpatient care. However, the prosecution requested a revocation, and insisted that Judge Salerno impose Miller’s original sentence.

Daniels explained that Thorne “had a bit of a spiral” in the last month, and needed more time to get back on his feet. 

According to Daniels, Thorne had recently re-secured permanent housing and obtained required identification to find a new job. Daniels expressed concern that Thorne’s progress would be lost if he was transferred to an inpatient facility.

Judge Salerno responded that Thorne was “immediately noncompliant” with probation and that the progress that had been made was “only downhill.” He stated that he was not willing to continue Thorne’s sentence as it was and ordered he be transferred to the Re-Entry and Sanctions Center (RSC).

Parties are slated to return Aug. 6 to check in on his process.

Judge Sentences Manslaughter Defendant to Seven-and-a-Half Years

DC Superior Court Judge Anthony Epstein sentenced a defendant to seven-and-a-half years for his involvement in a homicide during a June 12 hearing.

Clarence McKnight, 22, was originally charged with second-degree murder while armed for his involvement in the fatal shooting of 23-year-old Brandon Lewis. The incident occurred on the 900 block of Rhode Island Avenue, NE.

On Feb. 2, McKnight accepted a deal that required him to plead guilty to unarmed voluntary manslaughter and possession of a firearm during a crime of violence, in exchange for the prosecution not seeking an indictment.  

Through the deal, parties agreed to a sentencing range of six-to-12 years of incarceration. 

On June 12, prosecutors read letters written by Lewis’ mother and brother, in which they expressed disdain for the plea offer made by the prosecution. 

“There are so many young people killing and its plea offers like this that do not help,” the mother said. 

Prosecutors requested Judge Epstein sentence McKnight to 12 years, arguing that the plea deal was beneficial and lenient to McKnight. 

Joseph McCoy, McKnight’s defense attorney, requested Judge Epstein sentence McKnight to six years, arguing he takes full responsibility for his actions and “regrets the pain he caused to the people that loved him and he loved in return.”

The case was sentenced under the Youth Rehabilitation Act (YRA), which seals young defendant’s convictions once they successfully complete all legal requirements. 

Judge Epstein deemed the shooting a  “senseless killing, the kind we see all too often in our community,” telling the family that imposing sentences are “the hardest job judges have.”

McKnight was sentenced to seven-and-a-half years for manslaughter, with a concurrent sentence of five years for possession of a firearm during a crime of violence. McKnight will also be required to serve five years of supervised release, and register as a gun offender. 

No further dates were set.