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Homicide Defendant Pleads Not Guilty at Arraignment

A homicide defendant was arraigned before DC Superior Court Judge Robert Okun, and pleaded not guilty to all charges in a June 7 hearing. 

Pedro Funes, 34, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of 30-year-old Arnold Humberto Solis. The incident occurred on July 26, 2023, on the 2200 block of Champlain Street, NW. 

According to court documents, the pair had gotten into an argument outside a liquor store in close proximity to the crime scene. Upon exiting the store, Funes allegedly told Solis, “The next time you say that s**t, I’m going to make sure you leak out your f****g brain.” 

The exchange was apparently recorded on video surveillance cameras an hour before Funes is allegedly seen walking with Solis towards the location of the shooting, according to court documents. 

At the hearing, Dana Page, Funes’ defense attorney, alerted the court he pleaded not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial. 

Parties are slated to return Aug. 23. 

Judge Modifies Murder Codefendants’ Release Conditions 

DC Superior Court Judge Robert Okun partially granted two codefendant’s motions to modify their release conditions during a June 7 hearing. 

Ashton Inabinet, 17, and Na’eem Butler, 20, are charged with second-degree murder while armed for their alleged involvement in the fatal shooting of 24-year-old Diamonte Lewis on Oct. 21, 2023, on the 900 block of U Street, NW. 

Inabinet is charged as an adult under Title 16

Kevann Gardner, Butler’s defense attorney, previously filed a motion requesting Judge Okun release Butler from the “home confinement condition and allow him to simply remain on GPS monitoring or, short of that, simply give him a nightly curfew.” 

According to Gardner, Butler has been in home confinement for three months, and has “done very well,” at being compliant with his conditions. He requested the modification in order for Butler to attend aviation maintenance school in Virginia. 

Likewise, Stuart Sears, Inabinet’s defense attorney, orally motioned for Judge Okun to release Inabinet from home confinement, and allow him to work full-time with his parents in an auto body shop in Maryland.  He also requested for Inabinet to be allowed to go into his backyard while he remains at home. 

Judge Okun expressed concern about his inability to use the backyard, arguing it counts as part of the house in home confinement. 

“I am not a monster, they can go in the backyard,” said the prosecutor, adding “I would need a search warrant to get on it, he’s entitled to be on it.”

However, as for the modifications, the prosecutor argued “murder is the crime of all crimes,” and they are released to home confinement because it was the least restrictive condition for release. 

She commended the defendants for wanting to put in the effort to move forward with their lives, but argued the supervision that Sears promises will be available by Inabinet’s parents was in place at the time of the incident. 

Lewis’ mom addressed the court, and told Judge Okun “they should have no more privileges than they already do,” adding “my son isn’t here, but they are.” 

“They should stay in their homes if they can’t be behind bars,” she argued, “that’s fair.” 

“The current conditions are working,” the prosecutor insisted, adding “there is no returning to normal life after what happened.” 

Despite the prosecutor’s arguments, Judge Okun granted Inabinet and Butler permission to attend their desired job and vocational training, but ordered they must be confirmed by the Pretrial Services Agency (PSA) prior to starting. They will be expected to remain in home confinement aside from their participation in the programs. 

Parties are slated to return Oct. 4.

Shooting Defendant Pleads Not Guilty for Arson in His Own Apartment

A shooting defendant pleaded not guilty after being indicted on eight counts before DC Superior Court Judge Jennifer Di Toro on June 7. 

Robert Crowder, 33, is charged with arson, possession of a firearm during crime of violence, destruction of property, unlawful possession of a firearm, endangerment with a firearm, unlawful discharge of a firearm, possession of an unregistered firearm and unlawful possession of ammunition for his alleged involvement in a shooting incident that occurred on Aug. 22, 2023, on the 1000 block of 2nd Place, SE. No injuries were reported. 

According to court documents, Crowder told the 911 dispatcher that he set his couch on fire and “was trying to save people and stop the violence,” leading him to fire the gun.

Responding officers found “baggies” that included a “green weed-like substance” and a “white rock-like substance” wrapped in a paper towel, where the defendant was sitting during police transport, according to court documents. The white rock-like substance allegedly tested positive for cocaine  

After multiple mental competency exams, Crowder was ultimately found competent to stand trial on April 1. He is currently held at St. Elizabeths Hospital for prisoners with mental health issues.

John Sample, Crowder’s defense attorney, pleaded not guilty on behalf of his client to all charges and asserted his constitutional rights, including the right to a speedy trial.

Parties are set to return June 12 to discuss a plea offer. 

Defense Attacks Witness’ Credibility in Jail Stabbing Trial

The prosecution and the defense argued a case of jailhouse violence before DC Superior Court Judge Jennifer Di Toro on June 6.

Antoine Donvell Johnson, 28, is 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.

According to the prosecution, video footage from the DC Jail depicts 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 throughout his body, and was taken to the infirmary.

The prosecution called four correctional officers and an intensive care physician who treated the victim at MedStar Hospital Center corroborating the multiple stab wounds found on the victim’s body, and the details of the fight.

One of the officers, a corporal assigned to the quadrant of the jail where Johnson and the victim were held, testified that at the time of the incident, he was making rounds around the floor as “something wasn’t right.”

When he heard the fight break out, the witness testified, he attempted to use pepper spray against Johnson and the victim to “gain control of the situation.” However, fans blew the pepper spray back into his face. The witness was temporarily blinded and called for backup.

According to the witness, after clearing his vision, he returned to the scene to administer pepper spray a second time, when he allegedly saw Johnson with a knife, stabbing the victim. The witness identified Johnson in the courtroom.

During cross examination, the witness stated that the victim had spoken with another inmate in an “angry tone” before confronting Johnson “in an aggressive manner.” Additionally, he stated that the third inmate – with whom the victim was previously arguing – approached the fight.

It was after the third inmate walked away that the witness saw the knife.

Prosecutors also called on an officer with the tactical response unit (TRU) of the DC Jail, who testified to the video footage from his body-worn camera at the time of the incident. 

The footage, which was shown in court, showed the witness responding to an “all available” call, and arriving at the scene when the fight was happening. The witness pepper sprayed both the suspect and the victim before removing the victim from the situation.

The officer described the victim as appearing “distressed and disoriented.” He said he did not handcuff the victim because he was afraid he would pass out from losing so much blood. He then took the victim to the infirmary, who was later transferred to MedStar, according to the officer.

During cross-examination, defense attorney Matthew Rist raised questions about the officer’s credibility.

The officer stated that he did not recall talking to the Metropolitan Police Department (MPD) about the incident. This statement apparently contradicted his previous testimony given to a grand jury in January, where he confirmed that such a conversation had indeed taken place.

Another is an alleged phone call reporting charges of abuse against the officer by his signficant other. The officer said he was not informed about the report.

Judge Di Toro stated that Rist had the right to question the officer on his knowledge of the report at the time of Johnson’s investigation.

Parties are slated to reconvene June 10.

Defense Attorney Asks Jurors ‘to Kick the Tires,’ in Murder, Conspiracy Case

During closing arguments in a co-defendant murder and conspiracy trial defense lawyers say the prosecution failed to connect the dots by linking the defendants to a deadly crime spree. The pleadings were heard before DC Superior Court Judge Rainey Brandt on June 6. 

Stephen Nelson, 33, Koran Jackson, 23, and Tyiion Kyree Freeman, 24, are three out of five individuals charged with first-degree murder while armed, multiple counts of conspiracy, assault with intent to kill while armed, carrying a pistol without a license and possession of a firearm during a crime of violence, in connection to the fatal shooting of Malachi Lukes, 13, on March 1, 2020. The incident occurred on the 600 block of S Street, NW. Another juvenile sustained injuries after suffering a gunshot wound to the leg. 

The incident also allegedly involved 24-year-old Reginald Steele and 27-year-old Aaron Brown.

Throughout the trial, the prosecution has attempted to connect Jackson, Freeman, and Nelson to additional shootings that occurred on Feb. 22, 2020; Feb. 24, 2020 and a second shooting on March 1, 2020. The prosecution alleges a firearm conspiracy among the defendants in which they aimed to obtain and use specific weapons in Lukes’ homicide.

Defense attorney Andrew Ain said Freeman was not a part of the conspiracy to possess firearms calling into question the extent of Freeman’s relationship with Steele. According to Ain, there is no record of firearms transactions conversations between the two.

The defense lawyer poked holes in the DNA evidence saying Freeman’s was virtually excluded from the sample tested.

Ain also claimed the police had mislabeled key evidence and urged the jury to “kick the tires” and dig deeper into all evidence they were presented with. 

On Nelson’s behalf, defense attorney Lisbeth Sapirstein argued that the prosecution was overreaching by “trying to blend Mr. Nelson into the Malachi Lukes case” with overly broad legal theories.

She emphasized to the jury that Nelson should only be held accountable for what is proven, not any involvement in Lukes’ death. She disputed the prosecution’s theory that Nelson was at the “top of the pyramid” of the alleged conspiracy, instead pointing the finger at Steele. 

In rebuttal, the prosecutor urged the jury to consider the evidence as a whole disputing arguments about misleading evidence and contradictory witness statements given the memories of four-year-old incidents.

The prosecutor also highlighted the relationship between Nelson and Jackson, disputing Ain’s claim that the three co-defendants were not closely tied. They played a jailhouse phone call, in which Jackson allegedly referred to Nelson as “Uncle Boog,” and saying, “That’s my man.”

In response to Sapirstein, the prosecutor noted the power of the conspiracy allegations is indicated by how eager the defendants are to distance themselves from collective actions.

In conclusion, the prosecutor pointed at Nelson saying, “He put the guns in their hands… he is on the hook for everything.”

The jury will begin deliberations on June 10.

Defense Attacks Notion Murder Suspects Engaged in Conspiracy

DC Superior Court Judge Rainey Brandt denied three co-defendant’s motions for a mistrial following the prosecution’s closing arguments during a June 5 hearing, before defense attorneys began closing arguments. 

Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 33, are three of five individuals charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020, on the 600 Block of S Street, NW. The shooting also left a second juvenile victim located in the vicinity suffering from an apparent gunshot wound to the right leg.  

Throughout the trial, the prosecution has attempted to connect Jackson, Freeman, and Nelson to additional shootings that occurred on Feb. 22, 2020 on the 700 block of Farragut Street, NW; Feb. 24, 2020 on the 1700 block of 9th Street, NW, and a second shooting on March 1, 2020 at Channing Street, NE. The prosecution alleges a firearm conspiracy of the defendants, in which they aimed to obtain and use specific weapons in all shootings. 

The case also involves alleged co-conspirators Reginald Steele, 24, and Aaron Brown, 27.

On June 4, Andrew Ain, Freeman’s defense attorney, filed a motion for a mistrial after the prosecutor used the term “felon” multiple times during closing arguments, and cited the defendants’ prior convictions. Defense attorneys for Jackson and Nelson joined in on the motion.

During the June 5 hearing, Shawn Sukumar, Freeman’s other defense attorney, argued that the jury could use the prosecution’s conviction statements  as “foreseeability that there will be additional crimes.” 

The prosecution stated that due to Freeman’s and Nelson’s prior convictions, they are “more likely to commit greater crimes,” and upholds the current charge of unlawful possession of a firearm.

Judge Brandt ultimately denied the motion stating “the jury is simply not going to remember” the amount of times the word ‘felon’ was used. 

She will again instruct the jury that the mention of the defendant’s prior convictions does not mean they are guilty of a current crime and will reiterate that closing arguments should not be taken as evidence.  

The prosecution buttressed their closing argument by providing evidence of texts, phone calls, and search history of information about Lukes as well as the Metropolitan Police Department ‘s (MPD) investigation of evidence from Steele’s phone. 

The prosecutor claims the three co-defendants tampered with evidence by trying to sell and trade the guns used in the shootings. Text messages were presented of Steele telling Nelson that “17 gotta go,” allegedly referring to a Glock 17 connected to the homicide.

“Do guns kill, or people kill? In this case they kill, these people kill,” the prosecutor stated.

The prosecution proclaimed they have “proven its case beyond a reasonable doubt” as they ended their closing arguments, pleading with the jury to “find them guilty.”

Brian McDaniel, Jackson’s defense attorney, insisted Jackson is “presumed innocent until the government proves otherwise beyond a reasonable doubt.”

“Eighty-five percent of this case is about Mr. Steele, not about Jackson or his association with Mr. Steele,” McDaniel stated. “He should be treated as if he was being tried by himself. Much of the evidence didn’t include Jackson,” he added.  

“There is no conspiracy between these gentlemen,” McDaniel said as he went on to argue that there have been no texts between Jackson and Freeman, or Jackson and Nelson, who “barely knew each other.”

McDaniel insisted no witness ever identified Jackson as a shooter or the driver of the suspect vehicle during Lukes’ murder.

McDaniel acknowledged that Jackson’s fingerprints were on the Kia Soul and that it didn’t come as a surprise since there is surveillance footage of Jackson at a BP gas station the day of the murder with the same car. 

However, he insisted that Jackson was not involved in the shooting and had gotten out of the car at his grandmother’s house, as the GPS tracking implies. 

​​The prosecution, along with multiple witnesses, have previously identified a 2016 Kia Soul as the suspect vehicle for most of the shootings. The vehicle has been specifically tracked to the alley of Luke’s homicide by surveillance footage and GPS tracking.   

“Finish the job,” McDaniel told the jury, adding  “Mr. Jackson asks you to find him not guilty, even if you don’t want to.”

Following McDaniel’s closing statement, Ain averred, “Freeman is innocent,” highlighting  his absence during the Feb. 22, 2020 incident on the 700 block of Farragut Street, NW, according to witness testimony.

As for one of the suspect vehicles the prosecution has attempted to connect to the co-defendants, Ain stated that, although there are messages between Freeman’s Instagram account and an account named “HL.Trey” about purchasing a stolen Mazda, there is no evidence that proves the transaction was completed. 

A white Mazda SUV has been previously introduced as a suspect vehicle for the Feb. 24, 2020 on the 1700 block of 9th Street, NW, shooting by the prosecution. 

Due to time constraints, Ain wasn’t able to conclude his closing arguments.

Parties are set to return June 6.

Stabbing Defendant Sentenced to 24 Months, All but Three Suspended

A stabbing defendant has been sentenced to 24 months with all but 3 months suspended by DC Superior Court Judge Robert Okun on June 6.   

Raeshell Lanier, 24, was originally charged with assault with intent to kill while armed for her involvement in a stabbing that occured on July, 15, 2023, on 1900 block of 9th Street, NW. Two individuals sustained injuries from the incident, with one victim being stabbed more than a dozen times and another being slashed across the face.

On March 8, Lanier accepted a plea offer that required she plead guilty to assault with a dangerous weapon, in exchange for the prosecution not seeking an indictment.  

At sentencing, the prosecution requested Judge Okun sentence her to 18 months of incarceration, followed by a year of probation. 

Lanier’s attorney, Stephen LoGerfo, asked Judge Okun for a probationary sentence, citing her young age and lack of criminal history. He added that she was provoked and scared during the incident. 

Judge Okun admitted difficulty in passing sentence, stating that “a certain level of self defense was warranted,” but the number of times the victim was stabbed was not .

“Incarceration would be deeply detrimental to Ms. Lanier,” said LoGerfo, adding that “she is going to lose everything, her job and her home.”

However, Judge Okun said that a completely probationary sentence would be inappropriate given the severity of the crime, and imposed the 24 month sentence, with all but three months suspended.  

Lanier was sentenced under the Youth Rehabilitation Act (YRA), which seals a young individual’s conviction once they have successfully completed all sentencing requirements. 

No further dates were set. 

Stabbing Defendant Rejects Plea Offer

A defendant in a stabbing case rejected a plea offer extended by the prosecution before DC Superior Court Judge Andrea Hertzfeld on June 6.

Victor Mejia, 52, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on Oct. 13, 2023 on the 4000 block of Cathedral Avenue, NW.

According to court documents, an individual identified as Mejia and a coworker were involved in an argument as co-workers in a restaurant kitchen. An individual identified as Mejia threatened the victim saying, “This is the day I stab you,” before swinging the knife and allegedly injuring the victim. The victim sustained a back injury.  

During the hearing, Mejia’s defense attorney, Henry Escoto, told Judge Hertzfeld Mejia was rejecting a deal, which required him to plead guilty to assault with a dangerous weapon, in exchange for the prosecution not seeking an indictment that could include other charges. 

Parties are slated to reconvene Feb. 3. 

Judge Denies Shooting Defendant’s Request for Modified Release

DC Superior Court Judge Jason Park denied modifications for a shooting defendant’s existing curfew during a June 6 hearing.  

Mekhi Wilkins, 18, is charged with unlawful possession of an unregistered firearm, unlawful discharge of a firearm, unlawful possession of ammunition, and carrying a pistol without a license outside a home or business, for his alleged involvement in a shooting that took place on Jan. 20 on the 1100 block of Holbrook Terrace, NE. No injuries were reported.

According to court documents, 14 shots were detected at the location, and an officer allegedly observed Wilkins, who was apprehended as he fled the scene, discarding a firearm. 

Madhuri Swarna, Wilkins’ defense attorney, requested Judge Park modify Wilkins’ existing curfew so that he can comply with work obligations.

Prosecutors objected to the request, citing the nature and circumstances of the incident. 

DC Superior Judge Jason Park denied the request to modify his release conditions.

Swarna insisted the case was based on  “constructive possession,” to which Judge Park responded, “Yeah, it’s a gun toss case.” 

Parties are slated to reconvene Oct. 11.

Homicide Defendant Asserts Right to Independently Test DNA Evidence

Before DC Superior Court Judge Marisa Demeo on June 6, a homicide defendant asserted his right to independently test DNA evidence recovered from a crime scene.

Kevin Singletary, 46, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of 31-year-old Delonte Hazel on Sept. 10, 2021 on the 100 block of Kennedy Street, NW.

According to court documents, Metropolitan Police Department (MPD) officers responded to a report of gunshots. Hazel was found by officers on the ground of a parking lot near a vehicle, wearing a ballistic vest and bearing a handgun in his waistband. He sustained ten gunshot wounds, including nine to his head and neck. 

At the hearing, the prosecution stated that out of the ten cartridge casings recovered from the crime scene, they tested four of the casings for DNA results and provided the results to the defense. However, the results were not disclosed in court.

The prosecution also added that they do not intend to test other evidence.

Defense attorney Howard McEachern stated his client would like test one cartridge casing that the prosecution tested and a surgical mask. 

Parties are scheduled to return on Oct. 4.

‘I Won’t Get Convicted,’ Stabbing Defendant Says in Court

A stabbing defendant waived his right to independently test DNA evidence recovered from a crime scene, claiming “I won’t get convicted,” before DC Superior Court Judge Lynn Leibovitz, on June 6.

Samuel Robinson, 44, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred at the Mount Vernon Square Metro Station on the 700 block of M Street, NW, on Feb. 6. 

According to court documents, an individual who was later identified as Robinson was in a physical altercation with the victim on the Metro platform who sustained a stab wound to the head.

Robinson received a cut finger in the fracas and both individuals were transported to a hospital.

Parties are slated to return Aug. 26. 

Prosecutors Offer Wired Plea in Shooting After a Robbery Gone Wrong

Prosecutors alerted  DC Superior Court Judge Lynn Leibovitz they’ve offered a wired plea deal to shooting defendant Marcus Cunningham and his co-defendant. 

Cunningham, 19, is charged with assault with a dangerous weapon and carrying of a pistol without a license outside a home or business, for his alleged involvement in a shooting that occurred on the intersection of 17th and Euclid Streets, NW, on April 25. One individual sustained injuries during the incident. 

According to court documents, the shooting stemmed from a drug exchange and shoe transaction that went wrong.

Cunningham allegedly threw a gun on the ground after the shooting, and attempted to flee the scene before he was detained by officers from the Metropolitan Police Department (MPD) after running west on Euclid. 

During the hearing, the prosecution alerted Judge Leibovitz they extended a plea offer which required Cunningham to plead guilty to assault with intent to kill while armed, in exchange for the prosecution not seeking an indictment. Through the deal, parties would agree to a sentencing range of 36-to-84 months. 

Defense attorney Tammy Thom was unable to speak to her client about the plea offer prior to the hearing and requested a continuance. 

The plea offer is wired to Cunningham’s co-defendant, Marcell Cradle. Prosecutors agreed to keep the offer which must be agreed to by both parties open until the next hearing.

The defense agreed to toll the indictment time, which allows the prosecution an extension to the indictment deadline for the amount of time the defense tolls.

Parties are scheduled to reconvene on June 26.

Shooting Defendant Waives Right to Preliminary Hearing, Remains Detained

A shooting defendant waived his right to a preliminary hearing before DC Superior Court Judge Renee Raymond, on June 6. 

Koby Ham, 25, is charged with endangerment with a firearm, assault with a dangerous weapon, and possession of a firearm during a crime of violence, for his alleged involvement in a non-fatal shooting. The incident occurred on June 2 on the 1300 block of Savannah Street, SE. 

Prosecutors displayed surveillance footage of the incident, which depicted two individuals, one identified as Ham,  shooting at a blue truck, occupied by two individuals ten times. No injuries were reported, but the truck sustained damage from five gunshots.

According to the prosecutor, at the time of his arrest, Ham was in possession of two firearms. 

During the hearing, Charles Haskell, Ham’s defense attorney, alerted Judge Raymond he waived his right to a preliminary hearing. 

Haskell requested Ham be released to his mother, claiming “he has never been in any trouble in his life.” 

Haskell also highlighted his client had no violent history and being in jail was an “eye-opening experience.”

His lawyer wanted Ham released under GPS surveillance, pointing to his mom and sister who were in the court, and stated they are willing to assist him.

The prosecution argued the nature and circumstances of the shooting proves Ham poses a threat to the community. They said the shooting was a “random act of violence,” and Ham should not be released. 

Judge Raymond denied the request stating she “agrees with the prosecution,” and there are “no conditions or combination of conditions [she] can order, which satisfies the safety of the community.” 

Judge Raymond stated it was “fortuitous” no one in the vehicle was injured or killed during the shooting and found probable cause he shot at the victims. 

Parties are set to reconvene on June 27 in front of DC Superior Court Judge Arthur Errol.

Jury Finds Shooting Defendant Guilty on Most Charges

Jurors in DC Superior Court Judge Marisa Demeo’s courtroom reached a verdict on June 5 in a non-fatal shooting incident finding the defendant guilty on ten-out-of-12 charges. Ultimately, jurors acquitted Johnson of assault with intent to kill while armed and one possession charge, while convicting him of all others.

Tyrone Astorias Johnson, 43, was originally charged with assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, aggravated assault while armed, assault with a dangerous weapon, assault with significant bodily injury while armed, possession of a firearm by a convict,, carrying a pistol without a license, possession of an unregistered firearm, and possession of ammunition, for his involvement in a shooting that injured one individual. The incident occurred on Aug. 30, 2022, at the Starburst Plaza Park, a busy public space, on the 1500 block of Maryland Avenue, NE.

According to court documents and witness testimony, the victim suffered injuries to his legs and genitalia. He was wheelchair bound for a month and had to relearn how to walk again. 

On June 3 in closing arguments, the prosecution stated it was a “grave misfortune” the victim encountered the defendant that morning.

The victim testified he went through the park because he was going home after seeking hospital treatment for an unrelated matter.

According to the victim he noticed a man sleeping on a bench and asked if he needed help.

During the encounter, the victim testified Johnson came along asked him for a cigarette but he declined saying he didn’t have any which triggered the shooting.

“I was trying to help someone and then I got shot,” said the victim.

Throughout the trial, the prosecution presented a large amount of video surveillance and body camera footage to jurors.

Body camera footage minutes after the shooting shows the victim saying a Black man, accompanied by a White female with blonde hair, shot him. In the footage, he can be heard telling officers  he saw the Black man and White woman take off towards the Pentacle Apartments, which was corroborated by surveillance footage.

Despite being presented a photo, the victim never identified Johnson as the shooter, according to a detective’s testimony. The photo array was shown to the victim by the detective less than three hours after the shooting as the victim lay in a hospital bed.

Johnson’s ex-girlfriend’s was largely uncooperative during testimony

She said, “I’ve tried to block this out of my brain and move on,” stating lost her son and is homeless because of the incident.

In openings, defense attorney Joseph Fay claimed the only reason Johnson was at the park to begin with was because his girlfriend at the time, although trying to quit smoking, wanted a loose cigarette.

Fay said the ex-girlfriend suffers from memory loss. When asked by the prosecutor if she could see and locate Johnson, she stated, “I don’t see him at all.”  “No sir, he’s not in this courtroom,” she said.

In video surveillance, the ex-girlfriend is identified with an individual said to beJohnson before, during, and after the shooting. She testified to having never seen Johnson with a gun, and claimed she had her back turned away from Johnson when she heard the sound of gunshots at the park.

In his closing remarks, Fay reminded the jury that Johnson was “in the wrong place at the wrong time,” emphasizing that a gun was never recovered in connection to the incident. 

Fay also claimed that there was insufficient evidence to prove that Johnson had an intent to kill the victim. Conversely, the prosecution cited the gruesome injuries suffered by the victim.

Parties are slated to reconvene for sentencing Sept. 6.

Defense Says Jail Stabbing Defendant ‘Cloaked in Innocence’ During Trial Opening

In opening arguments before a jury in DC Superior Court Judge Jennifer Di Toro’s courtroom on June 5 the defense claimed a stabbing suspect is “cloaked in innocence.”

Antoine Donvell Johnson, 28, is 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. The incident occurred on Jan. 15.

Both parties agreed that the victim would not be testifying in the trial and they would instead rely on eyewitness testimony and the video footage.

According to the prosecution, video footage from the DC Jail depicts an individual, identified as Johnson, in a physical fight with the victim with Johnson throwing the first punch. Officers went to the scene and used pepper spray to control the situation. The victim was found with multiple stab wounds, in his arms, stomach, face and sustained very large gash on his head. He was treated in the jail infirmary.

Both parties agreed that the victim would not be testifying in the trial and they would instead rely on eyewitness testimony and the video footage,

The prosecution stated that throughout the trial, the jury will see video footage of the fight, a knife thrown, and officers running to the scene as well as the victim’s blood “spilling onto the floor,” and covering his clothes.

Matthew Rist, Johnson’s defense attorney, reminded jurors that “the Constitution cloaks [Johnson] in innocence” even when incarcerated and that he will hold the jury to its promise of impartiality.

He requested that the jury pay attention to the body language of the victim who made a “visible gesture” when Johnson entered the hallway and “aggressively confronts him” before the fight occurs.

Rist also described a third inmate that approached Johnson and the victim while fighting who looked like he was “holding something in his pocket.”

Finally, Rist stated that Johnson had no motive to harm the victim and only acted in self-defense.

Parties will return June 6 to begin presenting evidence and witness testimony.