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Public Defender Service Attorneys Abandon Furlough Plans for Now

A planned furlough that would have sidelined attorneys working for the Public Defender Service (PDS) has been canceled but is not off the table, according to sources at the agency that represents indigent defendants.

Earlier this summer, officials at the DC Superior Court were concerned that a work stoppage was imminent based on fears the PDS would run out of money.  Initially, that date was thought to be June 3, then the furloughs were postponed to around July 15, according to Laura Hankins, general counsel for the PDS,  

However, the furloughs are now on hold. 

“For the moment the budget shortfall has been resolved so at least for the remainder of this fiscal year there will be no furloughs for PDS staff,” writes Janet Mitchell, special counsel for the PDS in an email to D.C. Witness.  

Respite from the furlough was also confirmed in an email to D.C. Witness by Rudy Acree, Jr., the agency’s deputy director

The fear was that if PDS attorneys were furloughed for one day a week it would cause delays in an already crowded criminal docket.  Because hearings pile up, Fridays are reserved for the overflow.  So effectively there are only four days available for trials, but a furlough would have reduced that number to just three days.

An online document dated Sept. 30, 2023, details a shutdown plan for the PDS based on a legal requirement for withholding services. “In a lapse of appropriations the agency must…release (or furlough) those staff not excepted by agency heads,” says the report.

The plan acknowledges that in spite of a work action, all staffers who provide legal services will be retained. 

“The courts cannot process criminal cases, and prosecuting authorities cannot perform the part of their law enforcement function that occurs in the courts, without court-appointed counsel for criminal defendants and juvenile respondents,” according to the eight page document. 

The shutdown plan, had it gone into effect, would have limited legal representations to “only those deemed necessary to complement ongoing law enforcement activities and for protection of life and property.”

Friction over a possible furlough was apparent in a hearing before DC Superior Court Robert Okun on May 23. The prosecution pushed the judge to proceed with a murder trial even if Public Defender Madalyn Harvey wouldn’t be present in the courtroom.  

In the prosecutor’s view PDS was suffering from a “self-inflicted wound” as the result of mismanaging their budget.  Harvey laid the blame on Congress for failing to appropriate enough money and that maligning PDS leadership was “unjustified.” 

While a furlough would be a dramatic tactic, PDS staffers have long complained they’re overworked and under budgeted.  According to the 2022 PDS annual report, the net cost of agency operations was $50,458,998 up from $ 45,670,974 the previous year.  PDS employs 275 attorneys and support personnel. 

The PDS pleaded its own case in the 2022 review, “Due to the increase in serious crime in the District, PDS has been inundated with cases, but — staying the course — the staff has also focused on the many underlying issues in the community that affect its clients.”

That included some 2900 trial matters, says the report. 

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Defendants’ Jail Calls About Guns, Police Linked to ‘Crew’ Members

A witness from the DC Department of Corrections (DOC) testified about phone and video recordings of conversations from the DC jail among alleged co-conspirators on July 29 in front of DC Superior Court Judge Robert Okun. 

Mark Price, 29, and Antonio Murchison, 31, are charged with first-degree murder while armed, five counts of assault with intent to kill while armed, aggravated assault knowingly while armed, seven counts of possession of a firearm during a crime of violence, conspiracy, 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 in the Clay Terrace neighborhood. The highly publicized crime left 10-year-old Makiyah Wilson dead and four other individuals with gunshot wounds.

Price is also 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 charges are connected to the fatal shooting of 47-year-old Andre Hakim Young on July 30, 2018, on the 1500 block of 19th Street, NE. 

The third co-defendant, Quanisha Ramsuer, 31, is charged with obstruction of justice in connection to the homicide.

Six other defendants were convicted in 2023 of charges from the incident, including:

During the hearing, the prosecution called on a DOC monitoring specialist to testify about phone and video calls made from the DC jail in 2017 and 2018 by Price and Murchison.

The specialist explained that each person has a unique identification number that is tracked when making calls and video chatting with someone. 

Further, jail call video records indicate that convicted co-defendant Gregory Taylor called alleged Wellington Park Crew members who were not incarcerated at the time.

DOC records also indicated that Price made numerous video and call requests to speak with an individual who allegedly is strongly associated with the Wellington Park Crew.

Murchison’s records indicate that he was continually having calls and video calls with a female friend whom he mentioned “standing outside with guns and sh**.”

An MPD detective testified regarding body camera footage from Wellington Park in the 2500 Pomeroy Road, SE area. The footage showed multiple MPD officers walking around the front of an apartment building. 

Evidence was also presented about Instagram posts from 2018 and messages between Taylor and an account that the prosecution alleges is Price.   In one of the messages between them Price’s alleged account wrote, “can’t really say too much on here 12 [the police] can see that sh*t.” 

Another MPD officer testified about body worn camera footage from July 17, 2018 were Ramsuer is allegedly atop a picnic table on the 2500 block of Pomeroy Road, SE yelling, “f*ck 12 [the police], f*ck 13 too” to officers who were working around the area around her. 

Parties are slated to return on July 30. 

Stabbing Defendant to Represent Himself in Court

DC Superior Court Judge Errol Arthur allowed a stabbing defendant to represent himself with an attorney advisor in court on July 30. 

Brian Long, 42, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing incident on Nov. 23, 2023, on the 4000 block of Minnesota Avenue, NE. One individual sustained life-threatening injuries. 

According to court documents, Long allegedly stabbed the victim in the right shoulder blade with a knife after he touched a ride share bike Long allegedly owned. Long was allegedly handed the knife by a female accomplice. The victim sustained injuries which required surgery. 

During the hearing, Judge Arthur allowed Long to represent himself in court with the help of Howard McEachern as his attorney advisor. 

Long previously had two different attorneys, Sharon Weathers and Randy McDonald, before dismissing them both, per court documents. 

Long also filed a motion requesting he be allowed to request an attorney later in proceedings if he so wishes. 

Parties are set to reconvene on Aug. 8.  

Victim’s Girlfriend Refuses to Testify in Homicide Trial

DC Superior Court Judge Michael O’Keefe ordered a homicide victim’s girlfriend arrested and charged with contempt of court because she refused to testify on July 29.

Bernard Matthews, 44, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and carrying a pistol without a license for his alleged involvement in the shooting of 22-year-old Diamonte Green. The incident occurred on Feb. 16, 2021, on the 300 block of 33rd Street, SE.

Green’s girlfriend, who is also Matthews’ son’s cousin, was intended as a witness for the prosecution. However, she refused to be placed under oath, and ignored the judge. 

Judge O’Keefe had the jury leave the courtroom and gave her another chance to cooperate. When she didn’t, he held her in contempt of court and had her arrested. 

The woman’s mother was in the gallery and told the prosecutor that she could not make her daughter testify because she is an adult and can make her own choices in spite of the legal sanctions.

Following Green’s girlfriend’s refusal, the prosecution called the mother of Matthews’ son.

On the day of the incident, Matthews came over to the witness’ apartment to talk about his son’s having trouble in school, according to the witness. 

The witness’ sister and her children, one of which was Green’s girlfriend, lived in the apartment downstairs. On surveillance video, the witness, Matthews, and his son are all seen walking back and forth from her apartment to the mother’s sister’s apartment a few times. 

At one point, according to the witness, Matthews left the apartment building. The witness claimed that she thought he was going to the bus stop to go home. 

However, the prosecution stated he left his phone at her apartment. 

Defense attorney Marnitta King said that he could have been going outside to walk around the block to smoke, since it isn’t allowed on the building’s property. 

The witness said that Matthews does smoke and often goes outside too, but she doesn’t know what he did the day of the incident. 

According to the witness, Matthews eventually came back to the apartment shortly after and grabbed his phone and a backpack. The witness then walked him downstairs and drove him home. 

The prosecution asked if they were walking “more quickly” than earlier. The witness said that that is what it looks like on the video. 

According to the witness, Matthews had participated in the “Stop the Violence” campaign in the neighborhood. 

The prosecution also called on a doctor from the Office of the Chief Medical Examiner (OCME) who confirmed that Green suffered from eight bullet wounds, which was his cause of death. She said that no one could have survived from the injuries, and deemed the manner of death a homicide.

Parties are slated to reconvene July 30. 

Case Acquitted: Homicide Defendant’s Ex-Wife Testifies He Never Asked for an Alibi

Editor’s note: On Aug. 1, a jury acquitted Jarvis Jackson of all charges connected to the homicide of Deont’e Minor. 

A murder defendant’s ex-wife testified about discussions they had after a fatal shooting, before DC Superior Court Judge Anthony Epstein on July 29.

Jarvis Jackson, 42, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm due to a prior conviction for allegedly fatally shooting Deont’e Minor, 23, on March 20, 2021, on the 1200 block of Southern Avenue, SE.

According to court documents, Minor was in an Uber ride when he was shot in the backseat as the Uber was waiting to make a turn. The Uber driver previously testified he took the victim to a nearby hospital immediately after the shooting. Minor later succumbed to his injuries.  

During the hearing, Jackson’s ex-wife testified she did not see Jackson on the day of the incident as the two separated a few years prior. However, she testified that during their arguments, Jackson insisted they had been together on the day of the incident. 

The witness also testified that she and Jackson argued after she found out that Jackson was a suspect in a murder, and had allegedly been driving around with women regardless of their relationship status.

However, Jackson’s ex-wife claimed he never directly asked her for an alibi or to lie for him.

The witness, however, said she believed Jackson committed the crime.

Meanwhile, a Metropolitan Police Department (MPD) detective testified about surveillance videos of the area surrounding the incident.

In the footage, a white Chevy Cruze was seen with a screenshot image of the possible suspect in the vehicle. The videos also included a figure, later identified as Jackson, approaching the Uber that Minor was in while waiting for a turn and approximately six gunshots going off after the individual approached the vehicle. The same figure was seen running away from the scene after the shooting.

A medical examiner, who performed the autopsy on Minor, testified the cause of death was multiple gunshot wounds and the manner of death was homicide.

Parties will reconvene on July 30.

At Sentencing Victim Says His Life Was ‘Shattered’ by Shooting

DC Superior Court Judge Maribeth Raffinan sentenced a defendant to nine years’ imprisonment for his involvement in a shooting at a store at a July 26 hearing.

Eric Davis, 36, was initially charged with assault with intent to kill while armed for the incident that occurred on the 1400 block of H Street, NE on May 30, 2023. One individual sustained injuries.

“This conduct is some of the most serious I can see in this courtroom,” Judge Raffinan said.

According to court documents, a witness entered the store with Davis, a former employee of the establishment. The victim, who was working and seemed to recognize the defendant, threw an item at Davis and he threw it back at the victim. The defendant then drew his gun and shot the victim.

The prosecution read a victim impact statement as the victim attended via Webex with a Spanish interpreter for help. 

The victim described that it “not only shattered my life” but that he is no longer able to financially support his wife and 11 year-old daughter due to his physical and mental state. The victim detailed how the incident cost him his eye and now he must use a colostomy bag, a condition that may be permanent.

“I am not a bad person, and neither I nor my family deserved this suffering,” the victim wrote in his statement.

The prosecution showed footage of the altercation. According to court documents, Davis was already told that he wasn’t allowed back in the establishment after being fired from his job.

The judge slightly eased the defendant’s sentence charging him with aggravated assault knowingly instead of assault with intent to kill.

Two years of his nine-year sentence were suspended, leaving him with seven years to serve and two years of probation. The judge sentence sentence Davis under the District’s Youth Rehabilitation Act, which seals the conviction if the defendant successfully completes the term.

Davis must also register as a gun offender in DC and stay away from the victim and location of the incident.

One of Two Murder Defendants Found Incompetent

DC Superior Court Judge Robert Okun continued a murder case involving two defendants to determine the next steps in a July 26 hearing.

Marlan Smith and Anthony Monroe, both 17, are charged with first-degree murder while armed for their alleged involvement in the fatal shooting of 17-year-old Antonio Cunningham on Sept. 11, 2023, on the 2300 block of Washington Place, NE.

Smith was found mentally incompetent after a full examination.

The case has been paused for parties to negotiate up to 45 days since both defendants are involved in other cases.

Parties are scheduled to reconvene on Sept. 6.

Defense Questions Sobriety Tests in Vehicular Homicide Case

Defense counsel questioned whether a blood alcohol test was taken without a murder defendant’s consent during a July 26 trial before DC Superior Court Judge Robert Okun.

Nakita Walker, 44, is charged with three counts of second-degree murder for allegedly crashing into a car occupied by Mohamed Kamara, 43, Johnathan Alberto Cabrera Mendez, 23, and Olvin Josue Torres Velasquez, 22, on March 15, 2023, on Rock Creek Parkway near the intersection of 26th Street and P Street, NW. Walker is also charged with assault with a dangerous weapon and fleeing from an officer.

Albert Amissah, Walker’s attorney, requested asked to consult an expert on how Walker’s blood was handled in testing. 

Judge Okun said technical hearings would be required to determine how the specimens were taken and whether to exclude blood alcohol results.

According to court documents, Walker was originally stopped by a police officer for recklessly driving on Rock Creek Parkway, before she allegedly fled a police stop when confronted for allegedly possessing illegal substances. She then allegedly crashed into the vehicle occupied by the victims. Walker’s blood alcohol level was reported to be well beyond the legal limit. 

Walker’s passenger, her estranged husband, told an investigator at the hospital that she wasn’t drinking because she was already “lit” and that she gets tipsy quickly, according to court documents.

Investigators found three prior arrests for Walker driving under the influence within DC.

The trial is estimated to last for six days starting Aug. 12.

Murder Defendant Considers Prosecution’s Plea Offer

A fatal shooting defendant was extended a plea offer before DC Superior Court Judge Robert Okun in a July 26 hearing. 

Antwain Ulmer, 19, is charged with premeditated first-degree murder while armed for his alleged involvement in the fatal shooting of 30-year-old Charles Sullivan on July 9, 2023, on the 700 block of Kenilworth Avenue, NE. 

The deal requires the defendant to plead guilty to premeditated murder while armed, assault with intent to kill while armed, possession of a firearm during the crime of violence, and carrying a pistol without a license outside of his home or business. He would spend 18 years in prison and one year of supervised release.

In exchange, the prosecution would dismiss all other charges.

Parties are set to reconvene on Jan. 10.

Witness’ Mental State an Issue in Decades-Old Murder Case

Counsel questioned whether a witness diagnosed with dementia could testify in a murder trial from three decades old.  Complicating matters, the witness is out of state and counsel will need to travel to be present for the interview.

Sheila Brown, 66, is charged with second-degree murder and obstruction of justice in the shooting of Noman Rich, 34. The homicide took place on March 28, 1990, on the 500 block of M Street, NE. According to court documents, the killing was domestic in nature.

Brown was taken into custody in Annapolis, Md. by local police and the US Marshal’s service on March 27, just one day short of the 34 anniversary of Rich’s death.

DC Superior Court Judge Robert Okun issued an order for a new deposition date while a doctor determined how to support the mentally impaired witness.

During the hearing, the parties asked Judge Okun if they would “fall in a legal hole” by trying to refresh the memory of another witness to Rich’s autopsy from 34 years ago.

The prosecution and doctor assigned to the case said they don’t know the exact rate of mental and physical decline for the impaired witness. However, they said they do know that she has now been diagnosed with the condition since April.

Brown’s defense attorney, Thomas Healy, said he found it “inappropriate” that the prosecution was asking for another date for the pending deposition after extensive discussion of the matter. 

“It’s a shame” said Healy that the prosecution didn’t extend the courtesy of letting him know since he already scheduled travel dates for the deposition.

The judge is slated to issue an order outlining available timeline for necessary travel.

The next hearing is scheduled for Oct. 18.

Lack of Plea Offer Leaves Defense ‘Bewildered’

The prosecution told the court they wanted to give a murder victim’s family more time to discuss a plea offer after the defense counsel requested a reason for the delay.

Jaime Macedo, 23, is charged with felony murder while armed, robbery while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his involvement in the fatal shooting of Maxwell Emerson, 25, on July 5, 2023. The incident occurred at Catholic University, located on the 600 block of Alumni Lane, NE.

At the hearing, Macedo’s defense attorney, Jessica Willis, said she was “bewildered” that a plea offer hasn’t been extended to her client.

Willis also asked for additional information about why an order for DNA evidence given to the assigned detective “didn’t seem prioritized.”

The prosecution said the ten day order wasn’t long enough for the detective to do the job.

DC Superior Court Judge Robert Okun reissued an order for a 20 day extension including language to allow the defense to be present during collection. 

Parties are slated to reconvene on Nov. 22.

Document: MPD Investigating Fatal Crash in Southeast

The Metropolitan Police Department (MPD) is investigating a fatal crash, that led to the death of 34-year-old Taneisha Parker, which occurred on July 28 on the 5200 block of East Capitol Street, SE.

MPD announced the arrest of 39-year-old Terrance Gordan, who is charged with leaving after colliding and unlawful entry. Additional charges are pending further investigation.

Shooting Defendant’s Sentencing Delayed a Second Time

DC Superior Court Judge Errol Arthur continued a sentencing for a shooting defendant following an issue with the pre-sentencing report on July 29. 

David Walls, 38, pleaded guilty to kidnapping while armed and two counts of assault with a dangerous weapon for his involvement in a shooting incident on April 10 and 13 on the 2700 block of 30th Street, SE. No injuries were reported. 

According to court documents, Walls was involved in an incident on April 10 where he hit a victim, identified as his ex-girlfriend in the face while holding a gun, and attempted to abduct her. 

Walls allegedly returned on April 13 to shoot his ex-girlfriend and her boyfriend, missing them but striking the front door to a building, according to court documents. 

During the hearing, Judge Arthur raised an issue with the pre-sentencing report, in which Walls said he did not attempt to shoot at the victim despite having previously pled guilty in court. 

Under oath, Walls told Judge Arthur he was responsible for the incident and wanted to proceed with the sentencing. 

Due to Walls’ defense attorney, Marnitta King’s working on another trial Judge Arthur continued the hearing.

According to court documents, this is the second time Walls’ sentencing has been continued. The last occurred on July 22 also because King was unable to attend due to a scheduling conflict.

Parties are expected to reconvene July 30 for sentencing.   

Jury Convicts Man for Murdering His Child’s Mother

A jury in DC Superior Court Judge Maribeth Raffinan‘s courtroom convicted a homicide defendant of all charges in connection to his child’s mother’s murder on July 26. 

Keanan Turner, 35, was convicted of two counts of first-degree murder while armed with aggravating circumstances, aggravated assault knowingly while armed, assault with intent to kill while armed, second-degree cruelty to children, first-degree attempted murder against a minor, four counts of possession of a firearm during a crime of violence, destruction of property, carrying a pistol without a license, and arson. 

He was acquitted of tampering with physical evidence. 

The charges relate to his involvement in the fatal shooting of Ebony Wright, 31, and her mother, Wanda Wright, 48, on the 2300 block of Good Hope Court, SE on April 12, 2021. 

According to court documents, Turner is the father of Ebony’s child, who was an infant at the time of the shooting. The child survived the incident.

Through the trial, prosecutors utilized evidence, including a surviving victim’s testimony and surveillance footage, to show the jury Turner’s involvement in the incident. 

Most notably, prosecutors called on Ebony’s sister, who identified Turner as the shooter, and gave insight into the motive behind the shooting. According to the sister, Turner had gone over to Ebony’s apartment to meet their child for the first time, despite having told Ebony to get an abortion while she was pregnant. 

Before Turner fled the scene, Ebony’s sister told the jury, he set a pile of documents on fire. 

The jury delivered a guilty verdict hours after deliberations began. 

Parties are slated to reconvene Oct. 18 for sentencing. 

Homicide Defendant Sentenced to 12 Years in Prison

A homicide defendant decided to take a plea deal on July 27. He was sentenced to 12 years in prison after already serving nine years.

George Edwards, 34, was charged with first-degree murder while armed, four counts of assault with intent to kill while armed, and five counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 28-year-old Reginald Perry on Nov. 7, 2015, on the 1700 block of 8th Street, NW. 

Nearly nine years ago, Edwards initially accepted a deal in which he pleaded guilty to second-degree murder while armed, in exchange for a dismissal of all other charges. At the time Edwards was sentenced to 24 years of incarceration with five years of supervised release.

 In 2016, Edwards motioned to withdraw his guilty plea.  In 2023, the DC Court of Appeals ruled that Edwards had the right to do so.

After spending nearly nine years in prison, the case was scheduled to be retired. However, Edwards decided to accept another plea deal for voluntary manslaughter while armed. The maximum sentence for the charge was 15 years in prison. 

At sentencing, Perry’s mother read her victim impact statement via WebEX to DC Superior Court Judge Michael O’Keefe. She said Edwards should receive the maximum sentence and Edwards was “flexing hard [when he committed the murder] and now [he was] running scared because [he was] facing extra time.” 

She said Edwads was behaving like “such a punk and a sissy” for not being able to do the time. Perry’s mother told Edwards he was “not all that and a bag of chips, [he was] a menace to society.” 

“Judge, I know it may not be easy for you, but it is to me. So please sentence George Edwards to the maximum time as he gave Reginald the maximum,” Perry’s mother said.

Perry’s wife wrote a letter in which she described the regret she feels for not letting their son attend Perry’s funeral as she didn’t want that to the last memory of his father.

“There’s nothing worse than drowning in tears,” she said. 

The prosecution argued for the maximum sentence, describing Perry as a victim of “an awful, earth shattering crime.” 

The prosecutor said the  gun violence that took Perry’s life is common in the District of Columbia, and the court needed to send a clear message it won’t be tolerated. 

Edwards’ defense attorney, Michael Bruckheim, acknowledged Edwards actions were based “on an obviously misguided belief of protecting his family. But, Edwards “was wrong. And he knows his actions have devastated the Perry family.” 

Bruckheim argued for 12 years since during the past nine years Edwards has had no disciplinary issues with the remaining three years suspended and supervised release. 

Bruckheim emphasized that Edwards used the time he had already spent incarcerated wisely to better himself. 

Bruckheim said Edwards has employment and a home waiting for him once he is released and that he plans to work at a non-profit that works to prevent the same type of violence and mistakes that Edwards made. 

Edwards told Judge O’Keefe that  “as [he] sat down for the past nine years, [he] began to reflect on [him]self.”

“A smart man learns from his mistakes, a wise man learns from the mistakes of others,” Edwards told Judge O’Keefe, explaining that he wanted to use his own mistakes as a guide for others to learn from. 

Along with his remaining three years, Edwards will also serve five years of supervised release. I “hope that this brings some peace for everybody,” Judge O’Keefe said.