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Judge Denies Request to Ban Pregnant Murder Defendant from Using Marijuana, Alcohol

DC Superior Court Judge Anthony Epstein denied a prosecution request to issue an order preventing a pregnant murder defendant from consuming alcohol or marijuana consumption in a July 19 hearing.

Christen Borden, 35, is charged with first-degree murder – felony murder and first-degree cruelty to children for her alleged involvement in the homicide of her five-month-old infant Kenneth Walton which occurred on Feb. 11, 2023 on the 4000 block of Massachusetts Avenue, NW. 

According to court documents, despite all lifesaving efforts, Walton died on Feb. 16, 2023 at Georgetown University Hospital from injuries that were consistent with inflicted head trauma and had been suffering from non-accidental trauma. 

During the proceeding parties met to discuss potential dates for Borden’s preliminary hearing, and prosecutors requested Judge Epstein order Borden to not consume marijuana or drink alcohol for the remainder of her pregnancy. 

Prosecutors argued Borden admitted to using marijuana, and that she may have been under the influence of other drugs which could have contributed to Walton’s death. 

“I’m not a doctor,” Judge Epstein said denying the request. He said any decision about what should be done for the health of her unborn child is a medical matter.

However, the judge granted the prosecutor’s request to drug test the defendant and ordered the Pretrial Services Agency (PSA) to submit a report within two weeks.

Prosecutors alerted both the court and Borden that the Child and Family Services Agency (CFSA) takes action when babies test positive for marijuana at birth. 

According to court documents, Borden had been diagnosed with postpartum depression based on a short survey she took and a prior diagnosis of depression. 

Borden stated in court documents that she had been under the care of a psychiatrist and had stopped taking prescribed medication before Walton was born. 

Parties are slated to reconvene on Sept. 27 for a preliminary hearing.

Second Competency Exam for Shooting Defendant

DC Superior Court Judge Anthony Epstein ordered a second mental competency exam for a non-fatal shooting defendant at the request of his defense attorney on July 19.

Lamar Fosque, 30, is charged with assault with intent to kill while armed, assault with a dangerous weapon, and possession of a firearm during a crime of violence for his alleged involvement in a shooting on May 11 on the 3600 block of Brothers Place, SE, that left one individual injured.

Camille Wagner, Fosque’s attorney, objected to the doctor’s assessment in Fosque’s first competency exam that “hospitalization is not critically indicated at this time.” She requested Fosque be transferred to St. Elizabeths Hospital for another full exam. 

Judge Epstein ordered Fosque spend 30 to 45 days at St. Elizabeths Hospital. He granted the defense’s request to delay trial pending the results of the second exam. 

Parties are slated to reconvene on Aug. 30. 

Prosecution Confident Despite Suppression of Cell Phone Evidence

The prosecution in a non-fatal shooting case said they could still prove a defendant’s guilt, even though DC Superior Court Judge Rainey Brandt denied a motion to reconsider a ruling suppressing cellphone evidence on July 22.

Deon Cannon, 29, is charged with two counts of assault with intent to kill while armed, two counts of assault with a dangerous weapon, five counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, possession of an unregistered firearm, carrying a pistol without a license outside of a home or business, unlawful possession of ammunition and eight counts of destruction of property of less than $1000. 

These charges stem from his alleged involvement in an incident on Sept. 5, 2021 on the 2700 block of Terrace Road, SE during which two individuals sustained injuries.

According to court documents, video surveillance footage from the scene shows an individual, identified as Cannon, shooting twice at two victims. Metropolitan Police Department (MPD) officers responded to the incident and arrested him.

During the hearing, Judge Brandt upheld DC Superior Court Judge Anthony Epstein’s previous ruling to not allow the prosecution to use evidence found on Cannon’s cell phone. 

According Judge Brandt’s ruling, it was unconstitutional for MPD to seize Cannon’s cell phone because there was no probable cause he was involved in the shooting at the time. 

The prosecution said they have other evidence demonstrating Cannon’s guilt, such as video surveillance footage. 

Parties are set to reconvene July 29. 

Teen Murder Suspect Battles US Marshals in Turbulent Courtroom Session

In a shocking display of courtroom violence, a 13-year-old girl suspected of murder engaged in a fist fight with US Marshals before officers were able to forcefully remove and subdue her.  

The outburst occurred in a closed hearing before DC Superior Court Judge Dorsey Jones on July 19 to determine whether there was probable cause that the confrontational teen, along with four other juveniles aged 12-to-15-years-old, were part of a murder conspiracy.  

As the struggle continued, the child’s cries could be heard coming from a secure holding area behind the courtroom and shortly after two other US Marshals ran in to back up their colleagues.

Meanwhile, the child’s distraught mother yelled that her daughter was being kicked and said, “She’s 13-years-old!” 

Later a number of DC emergency responders showed up outside the courtroom although it was not immediately clear if the suspect or anyone else sustained serious injury during the melee.

Prior to the fight with the marshals, the 13-year-old was crinkling a piece of paper in her right hand.  That drew the initial response from the marshals and a rebuke from Judge Jones when she resisted surrendering the paper.

“She’s just a child; she doesn’t understand,” said her mother.

The incident caused Judge Jones to temporarily adjourn the proceedings until order could be restored.  

Meanwhile, the 15-year-old next to her unruly co-defendant sat impassively throughout the hearing.

Prior to the disruption a detective from the Metropolitan Police Department (MPD) initially testified about a series of events that led to the murder of 64-year-old Reggie Brown in what the officer described as a homicide resulting from blunt force trauma to the head.  

The detective said the victim was lying on his back with blood pooled around his body. Brown suffered from many ailments, said the officer, had a metal plate in his head from a previous injury and was missing several fingers on both hands. In the struggle, two pairs of Brown’s pants had been removed. 

The incident occurred in a dark alleyway near the 6200 block of Georgia Avenue, NW on Oct. 17, 2023.  

The 13-year-old, along with another girl, 15, are charged with second-degree murder, assault and conspiracy in the attack.  In May three other teens– two aged 13 and one 12-years-old–were accused of similar charges in Brown’s murder. All of the defendants are being detained at DC’s Youth Services Center (YSC).

The detective who was on the stand for almost the entire six hour hearing said a witness to the murder told him the group “appeared to be jumping someone.”  

The precipitating event, according to the detective, was the appearance of an unidentified male suspect in a blue coat who, as identified in surveillance video, was seen kicking Brown and forcibly “escorting” him across the street toward the alley where the fatal encounter occurred.  

At that point, according to the detective’s account, the five juvenile girls are seen running after the victim, with one of the 13-year-old’s jumping a fence, then altogether fatally “stomp on him,” repeatedly kicking the back of his head.  

According to the detective one defendant is heard asking, “Can I beat him, too?”  The answer was yes. 

The detective noted identifying features of the suspects, including clothing and shoes with “shimmering aspects.” 

However, the most compelling piece of evidence was a 55 second cell phone video purportedly taken by one of the assailants during the murder.  As the camera light follows the action in a darkened alley, Brown’s pants are pulled off and the prosecutor said he was “beaten viciously” and “repeatedly stomped.”  Meanwhile, Brown lay motionless on the ground.  

Afterward, said the prosecutor, the girls allegedly laughed and celebrated the killing.  Although the cell phone audio wasn’t clear, the prosecutor said one of the juveniles said, “He dead?”  Followed by, “We killed him.”  Faces were clearly visible in the video sequence.

According to the prosecution, the video was sent to another of the accused co-conspirators who answered back in an Instagram post, “Tell (one of the defendants) to delete that video.”

“They completed their mission,” said the prosecutor.  “They did what they set out to do.”

For its part the defense pointed out there was only one eyewitness who was able to identify one of the defendants clearly.  Further, at times during his testimony, the detective was less certain about his description of some events than others.  Also, parts of the surveillance footage were blurry. 

The lawyer for the 13-year-old challenged the notion that the crime could have been premeditated.  “What does that look like for a 13-year-old?,” asked the attorney. 

She further disputed the idea that a pair of shoes worn by her client did not meet the threshold of assault with a dangerous weapon.

“Crocs are not a dangerous weapon,” she said.  

Summing up, the prosecutor said the defendants’ actions were deliberate, “callous with the intent to beat this man to death.”

In finding probable cause for the crime, Judge Dorsey said there was no doubt about what happened and that the identities of the suspects were clear.  

Based on the evidence and recommendations by DC probation officials, he ordered the juveniles detained.  Judge Dorsey said he was “so troubled” that the victim was apparently picked at random, and unknown to the defendants.

The other three defendants in the case appeared before DC Superior Court Judge Kendra Briggs earlier in the afternoon.  They will all remain detained and a stay away order was imposed to keep the newly charged defendants from being in contact with those originally accused. 

The next hearing in the case is set for July 26.

Double Murder Defendant Rejects Plea Deal, Moves Toward Trial

Through his attorney, Joseph Yarbrough, a double homicide defendant rejected a plea offer from the prosecution and requested a trial date before DC Superior Court Judge Anthony Epstein on July 19.

Jermiah Jordan, 33, is charged with two counts of first-degree murder premeditated while armed, two counts of possession of a firearm during a crime of violence while armed, and unlawful possession of a firearm with a prior conviction of over one year for allegedly shooting 29-year-old Luke Whitaker and 19-year-old Zion Hollingsworth-Hayes on July 22, 2023, on the 1400 block of Girard Street, NW.

According to Metropolitan Police Department (MPD) documents, officers responded to the shooting location, where they located Whitaker. Shortly after, they found Hollingsworth-Hayes on the 1400 block of Fairmont Street, NW. Both victims were dead.

The plea deal would have required Jordan to plead guilty to two counts of second-degree murder while armed with concurrent sentencing ranging from 22-to0-26 years in prison.

Prosecutors predicted a two-week long trial that will include DNA evidence. Yarbrough said he only expects to need up to two days to present his arguments.

The trial has been scheduled for March 2026. 

Parties are slated to reconvene on May 16, 2025.

Shooter Asks for Sentencing Delay to Complete Diploma

DC Superior Court Judge Maribeth Raffinan delayed sentencing a shooting defendant on July 19 to determine how he will continue his education while incarcerated.

On Feb. 9, Eric Lemus, 20, accepted an agreement extended by the prosecution, which required him to plead guilty to assault with intent to kill while armed and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting incident, which injured two on March 22, 2023, on the 1000 block of Park Road, NW.

According to court documents, both victims were riding bikes.

One victim was not injured while the other sustained three gunshot wounds to the chest, right arm and thigh. He was transported to the hospital where he received treatment and later recovered, as per court documents. 

When Metropolitan Police Department (MPD) officers arrived on scene, Lemus told them the two victims tried to rob him but three other witnesses contradicted his statements. MPD officers arrested Lemus at the scene.

During the hearing, Lemus’ defense attorneys, Steven Ogilvie and Shawn Sukumar, requested Lemus stay at the DC jail after sentencing so he can earn his diploma. 

They said Lemus is part of the School Justice Project which allows defendants with special education needs to continue their education. They said if Lemus is moved to another prison he would lose all of his credits. 

The attorneys also said Lemus is on track to finish by the fall of 2025 and requested members of the School Justice Project be appointed to the case as well.

The prosecution objected arguing the victims deserve closure. 

Judge Raffinan ruled to continue the sentencing and hear additional arguments from the defense and prosecution regarding Lemus’ education status. 

Parties will reconvene on Aug. 21.

Murder Defendant Denies Involvement at Arraignment

A defendant pleaded not guilty during an arraignment before DC Superior Court Judge Anthony Epstein on July 19.

Randolph Thomas, 41, is charged with first-degree murder while armed, assault with intent to kill while armed, assault with a dangerous weapon,  five counts of possession of a firearm during a crime of violence, robbery while armed, and first-degree burglary while armed, for his alleged involvement in the fatal shooting of 19-year-old Emmanuel Durant Jr. on Dec. 31, 2009 on the 200 block of Webster Street, NW. 

Thomas was arrested and charged in connection to the murder in October 2023.

During the hearing, Tammy Thom, Thomas’ defense attorney, alerted the court of his intent to plead not guilty to all charges, and asserted his constitutional rights, including the right to a speedy trial. 

Thomas’ attorney requested that parties move toward trial preparation and set a date for trial in August 2025.

Parties are slated to reconvene on Oct. 18 for a status hearing.

Defendant Deemed Competent for Trial In Domestic Shooting

Citing a report from the Department of Behavioral Health (DBH), DC Superior Court Judge Anthony Epstein deemed a shooting defendant competent to stand trial on July 19.

Keith Robinson, 58, is charged with assault with intent to kill while armed for his alleged involvement in a domestic non-fatal shooting that occurred on May 23, on the 3000 block of B Street, SE. The shooting left the victim, his girlfriend, with four gunshot wounds in the chest and four gunshot wounds to the arm. 

At the hearing no objections were made by either party and a two-week continuance was requested by defense to go over recently received information.

According to court documents, on May 24, Robinson was at a mental health treatment facility and allegedly told his social worker he shot his girlfriend and wished to surrender to the authorities.

Court documents state that Metropolitan Police Department (MPD) officers received a call to meet Robinson and he was arrested without incident. 

Court is set for a preliminary hearing and status conference on Aug. 16.

Prosecution, Defense Exchange Barbs During Murder Case Hearing

Attorneys for both sides asked DC Superior Court Judge Robert Okun to penalize opposing counsel for their actions during a motions hearing in a fatal shooting case on July 19.

Tyree Irving, 27, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and two counts of obstruction of justice. The charges stem from his alleged involvement in the death of Davane Williams, 22, on Jan. 15, 2019, on the 1200 block of North Capitol Street, NW. 

The motions hearing originally scheduled for 11:00 a.m. was delayed until noon by Madalyn Harvey’s absence, one of Irving’s defense attorneys. 

The prosecution alleged that Harvey caused the delay by double-booking the motions hearing to coincide with the sentencing of another client. They asked Judge Okun to require Harvey to finish her cross-examination of their witness by 1:00 p.m., since he needed to leave for a childcare issue.

Harvey alleged the prosecution had kept her from preparing for cross-examination by withholding information about past misconduct by the witness until after close of business on the day before the hearing. As a result, she asked Judge Okun to sanction the prosecution. 

“Stop. This is not the way. The court reporter needs to take down people speaking one at a time,” Judge Okun instructed the attorneys as they interrupted each other’s arguments.

Denying the requests of both parties, Judge Okun ordered the prosecution to conduct direct examination of the witness immediately. He scheduled Harvey’s cross-examination for Aug. 8.

The witness, a Metropolitan Police Department (MPD) detective, had previously conducted a photo array with a witness who identified Irving as the perpetrator.

“I seen him walk up and shoot multiple times,” the detective reported the witness saying when he saw Irving’s picture in the photo array.

Harvey argued in support of a motion to require the prosecution to turn over all communications with a cooperating witness whom Harvey earlier said could be seeking advantage in return for providing testimony.

The prosecution said that the defense is entitled to receive only false or inconsistent information provided by the witness.

Harvey alleged that the witness is desperate after having cooperated with prosecutors for 11 years without receiving a reduction in his 63-year prison sentence for unspecified charges.

Harvey said the communications she’s requesting are necessary to show his state of mind and what he might resort to.

“I feel our office wastes a lot of time fighting for evidence that should just be turned over,” Harvey said. “I think we’re at a point in the law where the appeals court is saying this is no longer acceptable.”

Judge Okun said he would review both parties’ written arguments before ruling on the motion.

The prosecution argued in support of a motion to admit recordings of phone calls between the defendant and his girlfriend as evidence. The phone calls were made on the day preceding and the day of the girlfriend’s testimony before the grand jury.

The prosecution alleged that the defendant was trying to persuade his girlfriend not to cooperate with prosecutors.

Harvey argued that the phone calls were merely attempts to work out relationship issues.

Judge Okun said he would issue a ruling after listening to the recordings more carefully.

Parties are scheduled to reconvene on July 26.

Murder Defendant Sentenced to 20 Years for ‘War Zone’ Shooting

DC Superior Court Judge Marisa Demeo sentenced a homicide defendant to 20 years’ incarceration on July 19 for gunning down a bike rider.

Brandon Smith, 38, was originally charged with second-degree murder while armed for his involvement in the shooting of 44-year old Charles Stanton on July 4, 2023. The incident occurred on the unit block of Patterson Street, NE.

According to court documents, Smith shot Stanton from his car while Stanton was riding his bike. Detectives later found the murder weapon inside a toilet tank, and the shirt Smith was wearing at the time of the shooting in his residence.

On Feb. 9, Smith accepted a deal to plead guilty to second-degree murder while armed in exchange for the prosecution’s not seeking an indictment. Parties agreed to a sentencing range of 18-to-22 years’ incarceration. 

At the sentencing, prosecutors asked Judge Demeo for the maximum of 22 years in prison saying Stanton “was gunned down like a war zone.” They also requested Smith get the maximum supervised release of five years. 

According to the prosecution, Stanton’s family is looking for justice and they insist punishment is the only way.

Madalyn Harvey, Smith’s defense attorney, requested the minimum sentence of 18 years, stating he took responsibility for the crime early on, and “he’s a good person.” 

Harvey said during the incident Smith was under the influence of drugs and wasn’t aware of the awful crimes he was committing. She argued he’s “not some cold calculated person.” 

Smith’s mother spoke before the court, apologizing on her son’s behalf to the victim’s family. She acknowledged her son needs help. 

Judge Demeo sentenced Smith to 20 years with five years supervised release. She also ordered Smith to register as a gun offender and pay $100 to the Victims of Violent Crime Fund. 

Smith must also participate in substance abuse and mental health treatment, as well as grief counseling. 

There are no further dates set.

Shooting Defendant Accepts Plea for Girlfriend’s Shooting

A defendant accepted a plea deal in connection to wounding a teen-ager before DC Superior Court Judge Marisa Demeo on July 19. 

Deangelo Wooten, 27, was originally charged with assault with intent to kill while armed, assault with a dangerous weapon, and possession of a firearm during a crime of violence for shooting his 16-year-old girlfriend on the 3400 block of 13th Street, SE, on Jan. 20. The victim sustained serious injuries. 

In court, Todd Baldwin, Wooten’s defense attorney, mentioned that his client has agreed to the terms.

According to Baldwin, the plea deal requires Wooten to plead guilty to aggravated assault while armed and possession of a firearm during a crime of violence, in exchange for the prosecution not seeking an indictment.

Parties are slated to reconvene on Oct 4. 

Judge Orders Mental Competency Exam for Double Homicide Defendant

DC Superior Court Judge Maribeth Raffinan ruled more information is needed to determine whether a homicide defendant is mentally competent to stand trial on July 19. 

Kevin Foster, 20, is charged with two counts of first-degree murder for his alleged involvement in two homicides that occurred on March 7, 2023. 

According to court documents, Foster allegedly shot 23-year-old Dana Faulkner on the 2700 block of Bruce Place, SE. He succumbed to his injuries at the scene. Foster is also alleged to have shot and killed 15-year-old Abdul Fuller at the intersection of Mississippi Avenue and Wheeler Road, SE. He died at a hospital on March 9, 2023. 

Metropolitan Police Department (MPD) officers later arrested Foster on Dec. 22, 2023, after allegedly identifying him through video surveillance footage. 

During the hearing Judge Raffinan said the Department of Behavioral Health (DBH) does not have enough information to determine Foster’s competency to stand trial. She ordered Foster receive a full mental competency exam before proceeding with the case.

Parties are set to reconvene on Aug. 30. 

Body Cam Footage Shows Defendant Near Suspected Vehicle

On July 18, an officer from the Metropolitan Police Department testified about body camera footage that showed one of the defendants of a mass shooting near the suspected crime vehicle.

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 incident 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:

On Thursday, the officer said footage from his body-worn camera included a black Infiniti with a missing bumper, the suspected vehicle used in the mass shooting, and Murchison. 

The officer said he was taking new officers to the 2500 block of Pomeroy Road, SE on July 15, 2018, to practice different training and investigative skills. While there the officer’s body-worn camera captured the Infiniti parked in a lot on the block. An individual, who the officer identified as Murchison, was also seen near the Infiniti. 

On July 16, the prosecution called on an expert in cellular data history to testify about phone records that belong to Taylor, Thomas, Michals and what the prosecution alleges to belong to Price.

The records showed the individuals’ phones were in the general location of the shooting at the time of the incident. 

The expert also said, according to the records, Price was in the same general area as the convicted defendants in the days leading up to Wilson’s murder, but that he was unable to provide an exact location.

Parties are set to return on July 22, before DC Superior Court Judge Robert Okun.