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Judge Delays Murder Trial for PTSD Evaluation of Defendant

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stewart’s next hearing is scheduled for June 18.

Document: MPD Investigating Southern Avenue Hit and Run Crash

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

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

Document: MPD Investigating Fatal Shooting in Southeast

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

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

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

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide in the District.

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

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

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

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

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

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

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

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

Document: MPD Seeking Suspect in Kansas Avenue Northwest Shooting

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect in connection to a shooting that occurred on June 11 on the 4000 block of Kansas Avenue, NW.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male suffering from gunshot wounds. The victim was transported to a local hospital for treatment of life-threatening injuries.

The suspect was captured by nearby surveillance cameras.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each violent crime in the District.

Document: MPD Searching for Vehicle in Northeast Shooting

The Metropolitan Police Department (MPD) is seeking the public’s assistance in locating a suspect vehicle involved in a shooting on June 10 on the 600 block of 24th Street, NE.

According to MPD documents, the victims were at the location when the suspect began discharging a firearm towards them. An adult male and female were struck by gunfire and transported to local hospitals for treatment.

Surveillance footage captured the suspect vehicle.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each violent crime in the District.

Document: Wanted Suspect Apprehended in Fatal Northwest Stabbing

The Metropolitan Police Department (MPD) announced the arrest of 19-year-old Audrey Miller for her alleged involvement in the fatal stabbing of 53-year-old Fasil Teklemariam, which occurred on April 5 on the 1300 block of Peabody Street, NW.

Miller was charged with first-degree murder while armed – felony murder.

Judge Denies Defendant’s Request for Competency Hearing

DC Superior Court Judge Robert Salerno denied a defendant’s request to have an evidentiary hearing to discuss his competency finding during a June 14 hearing. 

Lawrence Cummings, 31, is charged with unarmed carjacking, two counts of robbery, simple assault, threat to kidnap or injure a person, and unlawful entry of a motor vehicle, for his alleged involvement in a carjacking on Feb. 19 on the 300 block of 51st Street NE.

Cummings had allegedly forced an individual out of his Toyota Prius and drove off with it. No individuals sustained injuries during the incident.

Cummings’s attorney, Joseph Yarbough, argued that an insanity plea would be warranted due to Cummings’ history of mental health issues. In a motion filed on May 28, Yarbough requested to have a competency hearing “concerning Mr. Cummings’ lack of memory of the incident.” 

Judge Salerno denied the motion arguing that, “There have been six competency evaluations in this case, each one saying he was competent.” He added that there is “nothing to be achieved by another competency evaluation.”

“Drug use was a factor in their analysis,” the prosecution stated, regarding the doctors’ evaluations of Cummings’ competency.

However, the prosecution added that although all drug tests were negative, “drug use cannot be ruled out” as tests may not “capture all drugs or results may be distorted as a result of water loading.”

Water loading is a method used to “defeat” drug tests in that drinking large amounts of water can dilute a urine sample.

Yarbough argued that Cummings was not trying to defeat the drug test and added that before being tested, “He got one small cup of water, and that’s it.”

He insisted expert opinion can be unreliable, stating that “This evidence is solely trying to get the jury to speculate that he was trying to defeat the drug test.”

However, Judge Salerno wanted to include expert opinion stating that, “I’m not a mental health professional, I don’t give opinions on whether or not someone was sane at the time of an event.” 

Parties are slated to reconvene July 19.

Defendant Who Allegedly Put Murder Victim in Dumpster, Pleads Not Guilty

Through his defense attorney, David Knight, Lewis Jones pleaded not guilty to all indictment charges in front of DC Superior Court Judge Robert Okun at an arraignment hearing on June 17.

Jones, 28, was arraigned on charges of first-degree premeditated murder while armed, possession of a prohibited weapon, six counts of tampering with physical evidence, and obstructing justice for allegedly stabbing 42-year-old Anthony Jordan to death. The incident occurred on the 2500 block of Pomeroy Road, SE on Aug. 4, 2023. 

Court documents state that Jordan’s friends and relatives reported him missing to members of the Metropolitan Police Department (MPD) on Aug. 8, 2023. MPD officers obtained records from Jordan’s cell phone, which showed all outgoing calls ceasing after Aug. 3, 2023.

Additionally, the records show Jordan’s last communication with location data, which reports his phone utilizing a cell tower nearly one mile from the scene of the incident.

According to court records, MPD officers interviewed a witness on Aug. 11 and 12, 2023, who testified to seeing Jones stab Jordan to death. 

The witness said Jones and his girlfriend, Nichelle Thomas, put Jordan’s body in a suitcase, which they deposited in a dumpster, along with objects stained with blood from the incident.

Thomas, 36, is a co-defendant for the incident, facing charges of accessory after the fact for first-degree murder while armed, six counts of tampering with physical evidence, three counts of credit card fraud, two counts of threatening to kidnap or injure a person, and four counts of obstructing justice.

According to court documents, the witness who gave evidence to the police feared violent reprisals from the defendants for testifying. The witness alleged receiving death threats from Thomas.

Court records reveal that Thomas previously pleaded guilty to assault with a dangerous weapon for stabbing Jordan in 2016. They also state that Jones has a medical history of schizophrenia, and that Jordan was reported by his housemate to suffer from mental illness.

Arrest records show that Jordan’s body had still not been recovered as of Sept. 16, 2023, when warrants were issued for Jones’ and Thomas’ arrests.

Parties are slated to return on Oct. 4.

Shooting Defendant Waives Right to Preliminary Hearing, Granted Release

An 18-year-old defendant in a shooting case waived his rights to a preliminary hearing and was released by DC Superior Court Judge Renee Raymond on June 17.

Owen Mendez, 18, is charged with assault with a dangerous weapon for his alleged involvement in a shooting that occurred on Dec. 17, 2023 at a parking garage on the 1600 block of L Street, NW. No individuals were injured during the incident.

According to court documents, officers responded to a phone call from the garage, in which an individual reported a gunshot that hit their vehicle. A garage attendant stated that he heard a gunshot in the garage and officers requested video footage from the time of the incident. 

Court documents state that the footage showed two male individuals, the complainant and an individual identified as Mendez, arguing before breaking out into a fight. 

The complainant apparently brought Mendez to the ground and kicked him in the face. Mendez allegedly returned a few moments later with a gun, pointing and firing at the complainant, but missing him and hitting the caller’s car.

During the hearing, Mendez waived his right to a preliminary hearing and requested release from the DC Jail.

Defense attorney Kibria Nabeel argued that Mendez had no criminal record and he had acted out of fear of being “jumped” by a larger group. 

Nabeel also stated that Mendez was the sole provider for his family and children. Mendez’s entire family – including parents, siblings, aunts, uncles, and cousins – was present in court to show their support.

The prosecution argued against release, stating the nature of the charges indicate that Mendez has impulsive behavior that would endanger the community if he were to be released.

Judge Raymond granted conditional release under electronic monitoring.

Parties are slated to return Aug. 1.

Despite Clean Record, Judge Denies 21-Year-Old Homicide Defendant’s Release

DC Superior Court Judge Robert Okun denied a 21-year-old homicide defendant’s request for pretrial release on June 17, despite his lack of a prior criminal history.

Shannon Updike is charged with second-degree murder while armed for allegedly shooting Chidozie Njoku, 23, to death at the 4000 block of Minnesota Avenue, NE on May 27. 

According to documents from the Metropolitan Police Department (MPD) the victim was shot in his face and chest, and found unconscious when officers responded to the scene.

Updike reportedly told a MPD detective that there was an altercation between Njoku and his girlfriend. Updike stated he only met Njoku once, but knew the boyfriend was abusive toward his girlfriend. 

Police documentation states that a witness to the incident took photos of the shooter, allegedly identified by MPD officers as the defendant, as he left the scene.

At the hearing on June 17, Updike waived his right to a preliminary hearing. His defense attorney, Stuart Johnson, requested Updike’s release under high intensity supervision and GPS electronic monitoring.

Johnson acknowledged the seriousness of the case but argued for his client’s release, noting that he does not have a criminal record and has never been arrested. Johnson said Updike would reside with a family member in Largo, Maryland, and find employment.

Referring to the charge against Updike, Johnson stated, “My client went to the assistance of a woman who was allegedly being beaten by the decedent.”

Johnson also pointed to the large number of family members present in the courtroom to support Updike.

“They’re also shocked at the allegations,” Johnson said.

Moreover, he attested to Updike’s character, stating he does not use “hard drugs,” and described him as a “polite, calm, respectful, [and] well-spoken” young man.

Meanwhile, the prosecution argued that the defendant should remain in detention, emphasizing the strength of the evidence in the case and Updike’s “way overreaction” to the incident.

“This situation could arise at any time. He could see an altercation and think he’s doing the right thing,” the prosecutor maintained, arguing that Updike would be a danger to the community if released.

The prosecutor described the defendant as “extremely dangerous,” having no “strong ties to the community.” He claimed that the defendant built his own rifle, the alleged weapon, and that the incident was caught on video surveillance.

Judge Okun described the three conditions he must look for when considering release: the nature of the offense, weight of the evidence, and the personal qualities and criminal history of the defendant. 

Referring to the case’s evidence, Judge Okun stated that a purple firearm was found in a black bag, believed to be the defendant’s, which has been consistent with witness statements and video surveillance footage.

“The nature of the offense weighs in favor of detention, and the nature of the evidence does, too,” Judge Okun stated, despite admitting that the defendant’s personal qualities and criminal history weighed in favor of release.

Ultimately, Judge Okun ordered that Updike remain in detention, asserting he could not find any release conditions that would protect the safety of the community. 

At Johnson’s request, Judge Okun assigned Updike to the Correctional Treatment Facility (CTF) rather than the DC Jail due to his age and lack of prior criminal history.

Parties reconvene on July 26.

Preliminary Hearing for Murder Defendant Delayed for Competency Test

DC Superior Court Judge Anthony Epstein granted a defense attorney’s request to evaluate a homicide defendant’s mental competency in what was supposed to be a preliminary hearing on June 17. 

Ted Brown, 54,  is charged with second-degree murder while armed for his  alleged involvement in the fatal stabbing of Tommy Hudson, 58. The incident occurred on May 26 on the 500 block of Harvard Street, NW. 

According to court documents, Brown allegedly killed Hudson by stabbing him with a knife on his right shoulder then dragging the knife down and hitting an artery, on the porch of his home. 

During the hearing, Brown’s attorney, Todd Baldwin, requested the preliminary hearing be continued and a competency test for Brown, citing concerns for his mental status and apparent inability to understand the legal proceedings against him. Judge Epstein granted the request. 

Parties are set to reconvene on July 11 for a rescheduled preliminary hearing.  

Probable Cause Found in Homicide Case

DC Superior Court Judge Michael O’Keefe found probable cause that the defendant in a homicide case is the perpetrator during a June 14 hearing. 

Trenton Collins, 21, is charged with first-degree murder while armed – felony murder for his alleged involvement in a robbery turned homicide that resulted in the death of 41-year-old Philip Prendergast on March 27 on the 5100 block of Georgia Avenue, NW. 

The prosecution brought forth the lead Metropolitan Police Department (MPD) officer who recounted the search of Collin’s home and evidence collected. 

The officer described finding clothing in Collins’ and his roommate’s bedroom that appeared to match the clothing that the assailants were wearing during the robbery.  Most identifiable were a pair of white Air Force 1’s that were found in Collins’ bedroom that appear to match one of the assailants based on video footage of the robbery. 

According to the witness, MPD officers found a black ski mask, latex gloves, and a handgun with a magazine and ammunition within Collins’ bedroom. 

As per the officer, MPD reviewed video footage that documented the robbery and showed the alleged assailants leaving the scene of the crime and returning to Collins’ residence.   

Prosecutors asserted that with the evidence found at Collins’ residence and the video footage MPD reviewed that probable cause was apparent.  

Collin’s attorney, David Akulian, argued that the evidence the prosecution presented was circumstantial, and that when interviewing a witness who saw another unknown individual other than Collins, police did not gather any identifying information other than short hair. 

Akulian said that based on what the prosecution presented the assailant could have easily been someone else. 

After hearing both sides, Judge O’Keefe found probable cause Collins is the perpetrator.

Court is set to reconvene on Sept. 13.