Two Carjacking Defendants’ Appearance Waived For Cellblock Overcrowding

Multiple defendants were unable to participate in their hearing before DC Superior Court Judge Andrea Hertzfeld on Oct. 23 due to overcrowding at the courthouse cellblock.

John IV Gear,21, Jayquan Johnson,20, Lee Johnson, 20, Marquis Alston, 20 are charged with counts of assault with a dangerous weapon, assault with intent to commit robbery while armed, robbery while armed, robbery, and possession of a firearm during a crime of violence in connection with their alleged involvement in an armed robbery and carjacking on the 1700 block of New Jersey Avenue, NW on April 16.

Judge Hertzfeld waived the appearance of Alston and Lee after US Marshalls told her that a courtroom’s cell block cannot hold more than four defendants at once, therefore, only Gear and Jayquan were present for their hearings.

Defense counsel for Jayquan, Kevann Gardner, and defense counsel for Gear, Alvin Thomas, expressed their interest to negotiate a resolution to the case. Additionally, the prosecution stated that he just received a motion to sever the individual cases and needs time to respond.

All parties are expected to reconvene on Oct. 27 to discuss the motion to sever.

Defense Accuses Judge, Prosecution of Multiple Violations in a Carjacking

D.C. Superior Court Judge Andrea Hertzfeld denied multiple defense motions on Oct. 24, leading to accusations that she violated a suspect’s constitutional rights..

Marcus Tucker, 30, is charged with assault with a dangerous weapon, armed carjacking, robbery while armed, and three counts of possession of a firearm during a crime of violence for his alleged involvement in a carjacking on April 17 on the 2700 block of Hartford Street, SE.

Defense counsel Jason Tulley made a request for US Marshals court security personnel to un-cuff one of Tucker’s hands in order to take notes–Judge Hertzfeld refused based on the Marshal Service policy.

Tulley claimed that this was a violation of Tucker’s constitutional rights to participate in his trial and confer with counsel. Ultimately, the Marshals un-cuffed one of Tucker’s hands.

Tulley moved to recuse Judge Hertzfeld, claiming that she is partial and favoring prosecution.

The prosecution opposed the motion arguing Judge Hertzfeld had been impartial and made rulings in accordance with the law.

Judge Hertzfeld rejected the motion arguing the defense wanted her off the case because they disagreed with her rulings.

Tulley also moved to ask a prosecution’s witness about allegedly violating release conditions for an open strangulation case and suggesting the witness is testifying to “curry favor” with the prosecution.

The prosecution agreed to allow the defense to ask about the maximum sentence but argued Tulley cannot ask about the nature of the crime. Judge Hertzfeld ruled that the defense can ask about the case and sentencing, however, will limit cross examination.

Tulley also complained the prosecution failed to send out correct arrests records of the victim.

Judge Hertzfeld ruled there was nothing improper about relying on the prosecution’s methods to find out arrest records and the prosecution corrected the issue once they were notified.

Tulley moved to exclude screenshots that tracked Tucker’s cellphone location because it was a late discovery. The prosecution claimed it was not late because they sent more information as they received it.

Tulley asked Judge Hertzfeld to sign a subpoena to get access to the metadata on a private phone. Judge Hertzfeld agreed with the prosecution’s argument that this action required a search warrant and refused to sign a subpoena.

Tulley also moved to suppress a suggestive identification by the victim after the witness made an identification based on a police officer’s mistake of not muting their phone.

Both parties disagree about the facts of the incident, therefore, Judge Hertzfeld ordered the officers and complaining witness to an evidentiary hearing to decide on this matter.

The parties are slated to reconvene on Oct. 27.

Carjacking Defendant Acquitted of Shooting Charge Mid-Trial

DC Superior Court Judge Danya Dayson acquitted a carjacking defendant of a shooting charge and heard testimony from additional witnesses on the second day of a trial on Oct. 27.

Bernard King, 41, is charged with unarmed carjacking, and threat to injure or kidnap a person. These charges stem from King’s alleged involvement in the unarmed carjacking and assault on a victim, the mother of his children, on June 7, at the 1900 block of 18th Street, SE.

During the trial, King’s attorney, Karen Minor, motioned for acquittal on all counts. Minor argued that there is no evidence of gunshots as witnesses have not testified to hearing any and there is no evidence that King discharged a firearm. She also stated there is no evidence of carjacking or that King made any threats.

Prosecutors admitted footage of King walking towards a house allegedly stating something along the lines of, “You’re gonna die.” They also stated that the victim said she heard two loud bangs and it was her assumption that those were gunshots.

The prosecution claimed that testimony from an eyewitness is in line with carjacking and the victim stated that at the time of the incident, King did not have permission to use the vehicle.

Judge Dayson acquitted King on the charge of unlawful discharge of a firearm, stating that there was not enough evidence to prove that King fired a shot.

Prosecutors called the victim to the stand–the mother of the defendant’s children.

She testified that on the day of the incident she was at Good Hope Deli, a corner store where the incident started. Through surveillance footage the victim can be seen walking towards her vehicle when a black Jaguar comes into frame and pulls directly behind her.

When asked who was driving that black Jaguar, she stated it was King. As the footage continued, the two could be seen arguing. When asked what the two were arguing about, the victim stated that it was because she had the defendant’s phone.

The video ended with the defendant driving off first, and the victim pulling out in the same direction shortly after. She said as she was driving home she saw the car parked on 18th street and heard two loud noises. She said she sped off because she was scared.

According to the victim, she did not know where the noises came from. Prosecutors asked why she went to an officer’s house. She said that King was allegedly chasing her and she thought if she went for help he would stop.

In cross-examination by Minor, the victim was asked what the nature of her relationship was with the defendant. She said they were co-parents that were living together. She added that they had not had a romantic relationship in “quite some time”.

According to the witness, when she pulled out of the Good Hope Deli parking lot she was not trying to get away from the defendant. She stated that she was trying to go home at the time she pulled out of the parking lot.

The victim testified she didn’t call the police during the incident, and stated that she never saw King with a gun or pointing a gun at her on the day of the incident.

The defense called King to testify. He testified that he and the victim live together with their children. On June 7, he stated that he had not seen the victim for a few days, they had been going through ups and downs while coparenting.

Prior, King stated that the last time he saw the victim was June 5 when she supposedly took electronics from the home including an iPad and King’s phone. On the day of the incident, King claimed, he canvassed the neighborhood for her after one of their children notified him that they had seen her.

He went looking for her in her Jaguar which he stated he had used multiple times with permission fand the same goes for a BMW. He stated that neither of them needed to ask permission to use either of their cars.

King stated that when he located her in a corner store market he was trying to get his phone back, but was unsuccessful. After that, he stated, he left the market first believing she was going home and when she did not, he followed her to the intersection of 23rd and S Street, SE.

He claimed that the victim looked intoxicated because she was irate, loud, her eyes were droopy, and she was swerving while driving. Ultimately, he parked with BMW and took the Jaguar.

The prosecution also called an eyewitness who lived near the incident. The witness testified to seeing the incident occur through her window. She stated that she heard “angry” and “forceful” yelling from a deep voice.

According to the witness, she saw a man she did not recognize next to a black Jaguar pulling on the door handle of the BMW and banging on the window.

She stated that once the door opened, a woman was ripped out of the driver’s seat and thrown onto the pavement.

The witness claimed that the man then got into the BMW and the woman ran down S Street towards a police car. The BMW drove in the opposite direction, but the witness was unable to see how far.

The witness said that the woman was frantic and visibly upset. According to the witness, her neighbor, an off-duty officer, eventually came outside and assisted the woman.

She stated that after she got off the phone with the police the Jaguar was gone and she did not know what happened to it.

In cross examination, Minor noted that the witness was on the second floor of her building. The witness stated that from her window, flush with the front door of the building, she would be about 50 feet from the street where the incident happened. She also stated that she did not hear any words that were said.

She stated that at first she thought there might have been another carjacker because at some point the Jaguar was gone. She testified that she did not see any weapon in the suspect’s hands and did not hear gunshots.

In a redirect by prosecutors, the witness stated that nothing was obstructing her view that day.

The prosecution called an off duty Metropolitan Police Department (MPD) officer who was an eyewitness to the incident. The officer testified she was attempting to take a nap in her residence when she heard “frantic banging” at her door. She looked out her window and saw a Black male in a black sweatshirt walking down the street, pointing his arm at her house with a finger gun symbol.

According to the officer, when she went to open the door a woman was walking away. She called her into her home and radioed the incident in. She radioed because the woman told her that her children’s father had “fired off two rounds at her”.

She was asked if she heard or saw any gun shots, to which she said she did not.

Her residence had four security cameras, three of which were working on the day of the incident. Through surveillance from those cameras the majority of the incident could be seen. On video the victim could be seen running to the officer’s home and repeatedly ringing her doorbell. The victim was heard saying “you on camera” as the male came into frame then ran off.

In cross examination by defense, the officer was asked if at the time she was observing the incident if she ever heard or saw any gun shots. The officer testified she did not.

A ShotSpotter analyst was called to the stand to explain how the system collects and records the sounds of gunshots, then alerts police.

The specialist testified that on the day of the incident at 10:40am an alert was triggered to a single round on the 1900 block of 18th street.

In cross-examination he was asked how accurate the software was at giving the location of where the shot was fired. He stated that generally there is an 82 foot radius.

During the trial King asked to remove Minor as his attorney. He stated that he did not receive all of the discovery in his case and felt as though he was “being railroaded”.

Minor asked to withdraw herself, but Judge Dayson denied the withdrawal. She stated that there was no good reason for Minor to withdraw or be removed.

The prosecution called an MPD officer who testified to be called in to do paperwork regarding an individual who turned himself in. The officer identified the individual as King.

Parties are set to reconvene Oct. 28.

Judge Grants Motion to Delay Teen Carjacker’s Sentencing Until Graduation

DC Superior Court Judge Judge Robert Salerno granted parties’ motions in a carjacking case to continue sentencing on Oct. 24, but he denied the defense’s request to delay it until 2027.

On June 30, Eric Woods, 18, pleaded guilty to armed carjacking and possession of a firearm during a crime of violence for his involvement in three carjacking incidents on Oct. 11. The incident occurred at the intersection of Hanover Place and North Capitol Street, NW. .

Gregg Baron, Woods’ defense attorney, asked the court to delay sentencing until 2027, a request which the prosecution opposed and Judge Salerno denied. Baron argued Woods is in the process of getting his high school diploma, and wants to ensure he could graduate before being transferred to the Bureau of Prisons (BoP).

“We believe that’s just far too long. There are victims who are asking for closure,” the prosecutor said, objecting to the request.

“We just want Mr. Woods to get his high school diploma,” Baron said.

In support of his request, Baron said that recidivism rates decline when convicts receive their high school diploma, “according to studies.”

Further, Baron said that the BoP does not offer programs allowing inmates to get their high school diploma and does not implement Individualized Learning Program conditions such as one-on-one sessions to receive help on assignments and help breaking down tasks into smaller parts.

“I don’t think anyone is disagreeing with what you said,” Judge Salerno responded. He said he and the prosecution disagree with the amount of time the defense asked to delay sentencing.

“This is way too far into the future,” Jude Salerno said.

Judge Salerno granted a continuance to allow parties to discuss a new sentencing date.

Parties are slated to reconvene Dec. 12.

DC Woman Receives Suspended Sentence For Bus Stabbing

DC Superior Court Judge Robert Salerno heard from the victim of a stabbing incident before sentencing the defendant to all but time served suspended on Oct. 22.

On Aug. 15, Tywanna Johnson, 33, pleaded guilty to attempted assault with a dangerous weapon for her alleged involvement in a stabbing that occurred aboard a WMATA bus on the 400 block of 15th Street, NE on Jan. 23. The victim suffered an abdominal injury.

Before hearing arguments, the victim shared an impact statement describing the physical, psychological and social consequences of this incident, expressing he “does not enjoy things anymore.”

According to the victim, he did not agree with the terms of the plea deal, sharing he “[did] not feel safe” with Johnson being released to the community.

Prosecutors requested 15 months of incarceration, three years of supervised release, restitution of $4,500 for medical expenses, and stay-away orders, noting the defendant needs help as this was a “stranger-on-stranger” crime.

Defense counsel, Derrick Page, emphasized Johnson’s traumatic history with unaddressed psychiatric conditions, substance abuse, and housing instability. Page shared “none of that is to take away from the pain [the victim] feels” and that Johnson is “greatly remorseful and apologetic.” Johnson briefly apologized to the victim in court.

A representative from the Pretrial Services Agency (PSA) shared that though Johnson had “rough start” since her release in July with a few positive drug tests, she has been largely compliant. He cited a string of negative drug screenings and connecting with outpatient support.

Judge Salerno expressed concern about the combination of mental illness and illicit drug use, calling it a “deadly mix,” and found that probation alone would not guarantee Johnson’s stability and health.

He ultimately sentenced Johnson to 24 months suspended, except time already served and days it takes until Johnson can be placed into a residential dual-diagnosis program. She is also required to serve three years of supervised release, suspended, and two years of probation.

Judge Salerno ordered Johnson to comply with drug testing and treatment recommendations upon her discharge from the residential program, and imposed stay-away orders for areas the victim regularly frequents in DC.

Judge Salerno also directed the prosecution to share any medical receipts related to the case with Page so that arguments could be heard later in November before making a final decision on ordering restitution.

Parties are slated to reconvene on Nov. 7.

Judge Denies Motion to Dismiss 2020 Murder Case

DC Superior Court Judge Danya Dayson denied a murder defendant’s motion to dismiss his case on Oct. 24.

Jamil Whitley, 36, is charged with first-degree murder while armed, possession of firearm during a crime of violence, carrying a dangerous weapon outside home or business, and unlawful possession of a firearm by a convict for his alleged involvement in the shooting death of 32-year-old Kevin Redd on June 11, 2020, on the 4000 block of Jay Street, NE.

According to court records, Madalyn Harvey, Whitley’s defense attorney, motioned to dismiss based on evidence from the interview of the victim’s wife, who is also now deceased.

Harvey said that this witness would have helped Whitley’s case, as she could have testified that Redd was selling marijuana around the time of his murder.

Harvey also argued that the wife would have been able to help them locate witnesses, such as Whitley’s co-worker, with whom he allegedly clashed. She said the prosecution failed to turn over that evidence before her death.

The prosecution argued that the statements from the wife’s interview were conjecture and would not have necessarily helped Whitley’s case.

Judge Dayson denied Harvey’s motion, saying that Harvey can still locate and talk to other potential witnesses, even though Redd’s wife is deceased.

Judge Dayson also granted the prosecution’s motion to reconsider a previous ruling about data from a photograph.

According to a ruling, prosecutors violated Whitley’s right to evidence when it did not turn over data from the victim’s phone.

Per Rule 16, a defendant is entitled access to document evidence such as photographs from the prosecution when the evidence is material. In other words, the evidence must have significance to creating a defense.

Prosecutors argued that Harvey did not prove the data from Redd’s phone was significant enough and that the court made a mistake when they ruled that they violated Rule 16 by not providing the source of a photo.

Judge Dayson also told parties that the identification of Whitley by a witness would have to be argued during the March trial, not through pretrial motions.

Parties are set to reconvene on Jan. 13.

Document: MPD Makes Second Arrest in Martin Luther King Jr Avenue Shooting

The Metropolitan Police Department (MPD) announced the arrest of a second suspect in connection with a shooting that occurred on Aug. 18 on the 2700 block of Martin Luther King Jr. Avenue, SE. A juvenile male, who was conscious and breathing, self-transported to a hospital after sustaining gunshot wounds. A 16-year-old male was previously arrested on Sep 16, and another 16-year-old male was arrested on Oct 5, both charged with assault with a dangerous weapon (gun).

Document: MPD Makes an Arrest in Brookland Homicide

The Metropolitan Police Department (MPD) announced the Oct. 28 arrest of 32-year-old Darryn Bynum Jr. for his alleged involvement in the fatal shooting of Mignon Brown-Massey, 36. The incident occurred on Aug. 13 on the 3300 block of 15th Street, NE, where Brown-Massey was found with gunshot wounds and later pronounced dead. Bynum was apprehended in Germantown, MD, and charged with second-degree murder while armed.

Defendant Found Mentally Competent, Pleads Guilty to Roommate Stabbing

A jury trial was waived on Oct. 27, a week after it started, following a stabbing defendant’s acceptance of a plea deal in assaulting his roommate before DC Superior Court Judge Jennifer Di Toro.

Christopher Samuels, 28, was originally charged with assault with a dangerous weapon for his involvement in the non-fatal stabbing of his roommate which occurred on the 200 block of Valley Avenue, SE, on Sept. 3, 2023.

During the hearing, Samuels pleaded guilty to one count of assault with a dangerous weapon.

This came after the Department of Behavioral Health (DBH) conducted a preliminary screening to determine Samuels’ competency to stand trial. The results showed that Samuels was in fact competent, in that he understood the charges and coudl aid in his defense, according to Judge Di Toro.

Samuels, who had previously requested to represent himself in trial, now wished to enter a guilty plea, waiving a jury trial.

The prosecution stated that, had Samuels proceeded with trial, they would have proven beyond a reasonable doubt that he assaulted his roommate with a knife in their apartment. Samuels, who was upset at his victim for not keeping their bathroom clean, threw a bucket at the victim’s bedroom door and an altercation ensued. Both men sustained injuries after they grabbed at the knife used in the stabbing, according to the prosecution.

The parties, including Samuels’s defense attorney Brandon Burrell and the prosecution, agreed to a sentencing of 24 months of confinement, with two years of supervised release.

Additionally, Samuels waived his right to have any additional DNA testing of the evidence.

Parties are slated to reconvene for sentencing on Jan. 16.

Judge Finds Murder Defendant Mentally Competent to Stand Trial

DC Superior Court Judge Danya Dayson found a murder defendant mentally competent enough to stand trial following an evaluation on Oct. 24.

Jordan Therman, 26, is charged with first-degree premeditated murder while armed, first-degree murder while armed, two counts of possession of a firearm during a crime of violence, robbery, and the unlawful possession of a firearm with a prior conviction for his alleged involvement in the shooting death of 33-year-old Denzel Greenwood on the 1900 block of 13th Street, NW, on Aug. 4, 2023.

He is also charged with two counts of assault with the intent to kill while armed, aggravated assault while armed, four counts of possession of a firearm during a crime of violence, endangerment with a firearm in a public place, armed carjacking, and possession of a firearm with a prior conviction for his alleged involvement in a shooting that wounded one individual on the 3900 block of Martin Luther King Jr. Avenue, SW, on Feb. 7, 2024.

Judge Dayson said that Therman previously appeared uncooperative with his attorney, Nathaniel Mensah, prompting her to order a forensic examination. Before standing trial, a defendant must demonstrate that he understands his charges and can work with his attorney.

According to a report from the Department of Behavioral Health (DBH), Therman was malingering – or exaggerating – symptoms, such as saying he experienced loud auditory hallucinations. The report said a brain scan was inconsistent with schizophrenia or schizo-affective disorder with delusional beliefs and intense mood swings. .

Judge Dayson added that in previous cases, evaluations resulted in the same malingering determination. Given his history and the new report, she found Therman competent to stand trial.

Parties are set to reconvene on Nov. 21.

Mother, Son Co-Defendants Sentenced For Murder

Mother and son co-defendants were sentenced for the murder of a woman driving a vehicle with a baby onboard and in stabbing a man in the DC Jail during a hearing on Oct. 24. The motive for the crime was retribution after a high school fistfight.

Jaquell Jackson, 22, entered an agreement and pleaded guilty to second degree murder while armed for his involvement in the fatal shooting of 37-year-old Tarshaqua Chappell on the 1300 block of Congress Street, NE, on Sept 15, 2021.

Chakeatia Jackson, 41, also entered a plea agreement and pleaded guilty to assault with a dangerous weapon for her involvement in the fatal shooting.

Jaquell also pleaded guilty as part of the plea agreement to assault with a dangerous weapon for his alleged involvement in the repeated stabbing of a man in the DC Jail, on the 1900 block of D Street, SE, on Feb. 4.

According to the facts that the defendants acknoweldged, Jaquell knowingly shot Chappell after his mother, Chakeatia, pointed out the vehicle she was driving with the knowledge that he would harm her. This occurred after a fight among students at Anacostia High School that led to Chakeatia’s saying she would bring her son to the fight.

The prosecution welcomed 11 family members and loved ones to deliver victim impact statements to the court. All speakers explained the devastating effect Chappell’s passing is having on them and requested the maximum sentence for the defendants.

Chappell’s father passed away from prior health issues and grief as a result of his daughter’s passing. Her mother’s health continues to deteriorate as well from the grief, according to the family. Her former fiance has been unable to enter his house or car because of memories of times there.

Her family shared that Chappell was a wonderful aunt, cousin, daughter, and fiance. She always prioritized her loved ones’ health and happiness, and would drop everything to take care of her sick mother.

Chappell was the youngest sibling in her family. Her older siblings shared their impact of the baby of the family forever lost.

Chappell was born and raised in the district, attending DC Public Schools and living just blocks from where she was murdered. She went to culinary school as cooking was her passion, and became a personal chef, earning her the nickname “Chef Chic.”

The prosecution argued that Jaquell was not “simply the arm of his mother.” She explained that Jaquell was on release for a firearm possession charge, demonstrating his capacity for violent crime.

The prosecution also explained that Jaquell has not demonstrated remorse for the victim’s family. Her loved ones claimed that Jaquell verbally attacked Chappell’s family at court hearings.

The prosecution also pointed to the stabbing he committed while in the DC Jail to show his lack of remorse and rehabilitation. After writing his pre-sentence report, the interviewerer said that Jaquell “acts without regard.”

Jaquell’s lawyer, defense attorney Megan Allburn, argued that Jaquell was only 17-years-old at the time of the murder and was heavily influenced by his mother while he was a minor. She explained that Jaquell’s father was sent to federal prison when he was 13-years-old, which affected his upbringing.

Allburn claimed that Jaquell did very well in high school, completing Advance Placement (AP) courses and playing sports. He graduated from high school just months before the shooting.

Allburn also argued that Jaquell had almost no criminal record. His single possession charge was from carrying a weapon because his childhood friends had died from gun violence and possessing a gun was the only way “he knew how to protect himself.”

Allburn claimed that she was never made aware that Jaquell participated in a pre-sentence report interview. She argued that he did not know that what he said would be used in court and that this was his opportunity to express his remorse for the victim’s family and accept responsibility.

Instead, Jaquell wrote a letter to the court. Jaquell explained his regret and apologized to Chappell’s family.

“Please look at me as the man I am becoming and not the boy I was,” Jaquell said.

Allburn offered the court seven certifications Jaquell received as a result of completing various leadership and educational programs offered by the DC Jail. She argued that this demonstrated his effort towards rehabilitation.

She also argued that there is intense eviolence in the DC Jail, and that Jaquell’s stabbing case was a product of that dangerous environment.

The prosecution placed blame on Chakeatia too. She emphasized Chakeatia’s role as Jaquell’s mother and the influence she had on him.

“When teenage girls are in a fist fight, they look to adults in the room,” the prosecution said. “Instead she pointed her son to a car with four unarmed people, including a baby.”

Chakeatia’s lawyer, Kevin Irving, claimed that the fist fight at the high school involved her niece, who Chakeatia was trying to protect. Chakeatia was allegedly forced to call the Metropolitan Police Department (MPD) to escort her to her car because angry parents were following her.

Irving argued that Chakeatia assumed her son would “make a threatening act”, not that he would try to kill someone.

Irving explained to the court that Chakeatia has a very limited criminal history, with only one misdemeanor from ten years ago. According to Irving, she works as a Metro janitor to care for her five children.

In her statement to the court, Chakeatia expressed her remorse to the family, and explained that she now thinks through her actions because she understands things can turn deadly quickly.

DC Superior Court Judge Michael Ryan sentenced Jaquell to the maximum sentence under the plea agreement of 15 years for the murder of Chappell. He sentenced Jaquell to the maximum sentence of five years in prison for the stabbing of the victim in the DC Jail.

The sentences will run concurrently, meaning he will serve 15 years total. Jackson was sentenced using the Youth Rehabilitation Act (YRA), which allows for a young defendant’s conviction to be sealed if they successfully complete all sentencing requirements.

Judge Ryan explained that the motivation behind his sentencing decision stemmed from the violence of the crime. The individual stabbed in DC Jail is a party in one of Judge Ryan’s cases and he is aware of the impact the stabbing has had on the life of the victim.

“The crimes are very serious,” Judge Ryan said. “He simply goes and shoots a person in a car, it’s inexplicable violence.”

Chakeatia was sentenced to three years in prison with one year suspended. Judge Ryan cited Chakeatia as the motivating force of the crime and shared the prosecution’s outrage that she pushed her young son to commit violence.

As Chakeatia was handcuffed by US Marshals, her young children were rushed out of the court room. Chakeatia begged for them to be brought back so she could say goodbye.

Irving requested that Chakeatia be given one week to arrange childcare and that she be allowed to hug her children. Judge Ryan denied both requests.

Chakeatia told her children she loved them as they cried watching their mother be escorted out of the courtroom in handcuffs.

Parties are not slated to reconvene.

Judge Denies Severance for Co-Defendants, Considers Delaying Murder Trial

DC Superior Court Judge Danya Dayson denied a murder defendant’s motion to sever from his codefendant and set a new trial date on Oct. 24.

Eric Sheffield, 20, and D’Andre Montgomery, 19, are charged with conspiracy, first-degree murder while armed, felony murder with aggravating circumstances, assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, attempt to commit robbery while armed, unauthorized use of a vehicle during a crime of violence, and carrying a pistol without a license outside a home or place of business.

The charges stem from their alleged involvement in the fatal shooting of 28-year-old Kenneth Barksdale Jr., on Dec. 16, 2023, on the 1200 block of 44th Place, SE. Another individual sustained life-threatening injuries, but survived.

According to court records, Sheffield’s defense attorney, Nathaniel Mensah, motioned for continuance of the trial for paternity leave. Due to scheduling conflicts, the trial was pushed to August 2027.

Sylvia Smith, Montgomery’s defense attorney, motioned for severance, arguing that the continuance violates her client’s speedy trial rights. Smith also argued that the two defendants’ cases are different and it would be unfair to Montgomery to be tried at the same time as Sheffield.

The prosecution voiced that they want to try the defendants together for efficiency.

Judge Dayson agreed, saying that the current lack of judicial resources makes efficiency a top priority. She also said that the trial has been delayed for reasons other than the continuance, so Smith’s argument for severance is not enough.

Judge Dayson denied the severance, but kept the April 2026 date open so Smith can file another severance motion with a stronger argument.

Parties are set to reconvene on Dec. 12.

Judge Acquits Accessory Charge For Mass Shooting Defendant

DC Superior Court Judge Neal Kravitz partially granted a motion for acquittal of an accessory charge for a woman convicted in a mass shooting on Oct. 24.

Toyia Johnson, 53, was convicted of accessory after the fact and tampering with physical evidence for her involvement in assisting other defendants in discarding evidence and avoiding arrest following a mass shooting that occurred on the 600 block of Longfellow Street, NW, on Sept. 4, 2021.

The shooting killed Donnetta Dyson, 31, Keenan Braxton, 24, and Johnny Joyner, 37, and three others were additionally injured.

Mussay Rezene, 32, was convicted on the same charges as Johnson.

Erwin Dubose, 31, Kamar Queen, 28, Damonta Thompson, 28, and William Johnson-Lee, 23, were convicted of conspiracy, premeditated first-degree murder while armed, assault with intent to kill while armed, assault with significant bodily injury while armed, among other charges for their involvement in the mass shooting.

Prosecutors argued throughout Johnson’s trial that she provided the shooters with the car that was used in the shooting, and reported it stolen when Dubose told her to.

According to court documents, Johnson’s defense attorney, David Akulian, first filed a motion for judgment of acquittal in June for both charges, prior to her conviction.

Akulian’s argument revolved around the fact that prosecutors did not have sufficient evidence to support Johnson acted as an accessory to the assault with intent to kill charge against Dubose. He also argued that there is not enough evidence that she actually assisted with the crime and tried to hinder Dubose’s arrest, trial or punishment for that charge.

In a motion hearing on Oct. 3, Judge Kravitz denied the motion for acquittal in regards to the tampering charge, but requested both parties to file briefs for their arguments relating to the accessory charge before making a ruling.

As both parties returned to the courtroom, Judge Kravitz said that he had time to review both briefs, and concluded that the defense had the better argument in regards to the accessory charge.

Judge Kravitz stated that a conversation with a Metropolitan Police Department (MPD) officer from body-worn camera footage when she first reported that the car was stolen was a significant piece of evidence from his decision. The footage captured the officer telling Johnson that the suspected black Honda was used in a “triple murder”, and was the center of Johnson’s motion of acquittal.

Judge Kravitz also said that evidence of telephone conversations between Johnson and Dubose, and MPD press releases and news stories were not sufficient beyond reasonable doubt and speculation.

“Your motion is granted in part, and denied in part,” Judge Kravitz said, as he agreed that her underlying accessory charge would be changed from assault with intent to kill to assault with a dangerous weapon.

Parties are set to reconvene for sentencing on Oct. 30.

Judge Sentences Gas Station Murderer to 22 Years in Prison

DC Superior Court Judge Danya Dayson sentenced a man convicted of murder to 22 years in prison on Oct. 24.

Damon McQuarters, 44, pleaded guilty to second-degree murder on May 30 for his involvement in the fatal shooting of Michael Simpson, 49, that occurred on Aug. 24, 2024 on the 3800 block of Minnesota Avenue, NW, at a gas station.

A family member, who said Simpson was like a brother to her, remembered him fondly.

“If anyone needed something, they would call him first,” she said during the hearing. “That peace of mind is no longer available.”

She also recalled McQuarters’ attitude during hearings.

“He looked each one of us in the face and smirked at every hearing,” she said. “But not today.”

Simpson’s sister said she wrote a statement, but wanted to “speak from the heart” during the sentencing. She spoke about Simpson’s character and the impact his death has had on her since last year. She said she feels numb and has not been able to recover since McQuarters’ actions.

“He took my life too,” she said.

Simpson’s aunt, on whose birthday the murder occurred, said Simpson was never able to wish her a happy birthday that day. She said McQuarters is the reason she cannot celebrate her birthday in the same way again.

In a particularly emotional impact statement, Simpson’s youngest sibling spoke to the court briefly, before breaking down. Another family member stood beside her as he finished reading her written statement.

She recounted watching him dance and joking about the rivalry between the Dallas Cowboys and the Washington Commanders.

“I miss those silly little moments,” her statement read.

The prosecutor asked for the harshed sentence allowed by the plea deal, which was 25 years in prison. She argued that even though McQuarters accepted responsibility, the circumstances of the murder warrant a high sentence.

“It was just a blatant execution in broad daylight,” she said.

Defense attorney Madalyn Harvey agreed that McQuarters caused harm, but that his value as a human being justifies a lower sentence. She also said that the loss of his mother at a young age led to hyper vigilance and paranoia, which contributed to the murder.

“This was not a cold-blooded act,” Harvey said.

She recommended 21 years, the low end of the sentencing range, and that he be placed in programs and treatment to address his substance use and trauma.

McQuarters did not give a statement during his sentencing.

Judge Dayson said she was concerned about how serious the case is.

“His criminal history does show an escalating pattern of behavior,” she said.

Taking this and the fact that he took responsibility, Judge Dayson sentenced McQuarters to 22 years in prison with five years of supervised release.

No further dates were set.

More Mental Competence Delays in 2019 Fatal Stabbing Trial

DC Superior Court Judge Michael Ryan further delayed a defendant’s trial during a hearing on Oct. 24, due to her ongoing mental competency issues.

Alisa Randall, 37, is charged with second-degree murder while armed for her alleged involvement in the fatal stabbing of 59-year-old Ronald Payne on the 1300 block of Euclid Street, NE, on July 15, 2019.

According to court documents, Payne died from a stab wound to his upper chest, which fractured a rib and hit his aorta.

Randall has been deemed “incompetent to stand trial”, meaning she cannot participate in a trial due her lock of understanding of the charges or how to help her lawyer. Randall was first deemed incompetent by the court in August of 2019.

During the hearing, Judge Ryan sympathized with the defense and prosecution’s perspectives–while he wanted to prioritize public safety issues, there was no way to move forward beyond reevaluation of competency to stand trial.

Judge Ryan emphasized that while it is rare for cases to “trail off”, he wanted to prioritize competency, saying “we need to be adults and lawyers about this.”

Defense attorney Dana Page informed the court that Randall is currently experiencing cognitive deficits and negative symptoms. The defendant is also not in DC and did not call into the hearing as instructed.

The prosecution suggested that the court use the first doctor to diagnose Randall that conducted an evaluation virtually to move forward with the case. Page agreed that this doctor was best suited to evaluate Randall because of his prior knowledge.

Judge Ryan asked that counsel decide how to proceed for the next hearing. He agreed that a virtual visit with her prior psychologist would be “sensible.”

Parties are slated to reconvene Nov. 17.

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