Lawyers Argue About Scheduling a Murder Trial Pending Furloughs by Public Defenders

The impact of an upcoming furlough in the DC Public Defender’s office weighed heavily during a hearing for a murder defendant before DC Superior Court Judge Robert Okun on May 23.

The question was when would Tyree Irving’s trial begin since it appeared Irving’s attorney, Madalyn Harvey, would not be available on the proposed start date of Aug. 19.

Irving, 27, is charged with first-degree murder murder while armed for allegedly shooting 22-year-old Davane Williams on Jan. 25, 2019, on the 1200 block of North Capitol Street, NW.

While a Public Defender work stoppage hasn’t been officially announced, a source at Superior Court tells D.C. Witness, it’s been widely mentioned by several Public Defense lawyers as well as prosecutors. The plan as described would be for the lawyers to avoid any trial or client work for one day a week.

The furlough situation has “prompted this hearing,” according to the prosecutor. If the furlough turns out to be on Mondays, that would reduce available trial days to three-a-week since Fridays are reserved for hearings.

“Essential trials must continue for the court to function,” said the prosecutor concerned about the large number of cases scheduled on the docket. He mentioned that there is a plan in place to provide resources during a government shutdown.

“That’s a government shutdown. This is a furlough,” said Harvey. She alerted the court that the situation is “out of control” and, “That’s where we are.”

Judge Okun said if Harvey were precluded from being in court as a result of the furlough, Irving couldn’t appear without representation. While the prosecutor insisted Irving’s trial should start on a Monday, Judge Okun said he was “not convinced.”

The prosecutor continued to press his case saying, “This is a new problem but the court has an obligation to move forward to trial.” He chided the public defenders’ plan to reduce their work schedule as “unprecedented,” that they should be expected to spend extended hours and suggested bringing in part-time defense lawyers on a special panel to fill the void.

As to the staffing problem, the prosecutor said it was “a self-inflicted wound” for not properly managing the agency’s money

“It was a mistake on behalf of Congress,” said Harvey and rejected any attempt to malign executives in her office as “unjustified.” According to a 2023 National Public Defense Workload Study, “Public defenders face extremely heavy workloads that prevent them from providing effective legal representation to people accused of crimes.”

Judge Okun said he wouldn’t issue an order compelling Public Defenders to work on Mondays because it “might be unlawful.”

Ultimately, Irving’s trial was supposed to start on Monday, Aug. 19 but was pushed back one day, setting up a three-day-a-week proceeding.

D.C. Witness made multiple attempts to contact the Public Defender’s Office for comment but have not heard back.

Another issue in the hearing was a defense motion to compel all information about a prosecution witness, who is currently incarcerated and could testify in exchange for a significantly reduced sentence.

Harvey characterized the witness as a “cooperator” who is out to “help himself.” Further, she claimed he has a bias and is desperate to curry favor. She said she wanted disclosures about the witness’s past efforts to help law enforcement in murder, extortion and robbery matters in Maryland.

“This man has been trying for a decade to get his sentence reduced,” said Harvey. “There’s no reason the government can’t provide specifics about witness 11,” she argued.

The prosecutor contended that his office has provided everything that’s necessary. “They’re not entitled to every case in which he’s been a cooperator,” he said. “We’re not trying to hide the ball.”

While denying the defense motion to compel, Judge Okun agreed that the prosecution should turn over information about the witness’ efforts to provide prosecution evidence, as long as his safety wasn’t compromised by releasing the material.

Judge Denies Convicted Murderer’s Motion for a New Trial

DC Superior Court Judge Michael O’Keefe turned down Marvin Lopez’s bid for a new day in court following his murder conviction last Nov. 14.

The basis for the appeal by his new attorney, John Machado, is that an individual identified as Lopez’s uncle wasn’t called to testify at trial, even though he was designated as a prosecution witness.

Lopez, 43, was found guilty by a jury of premeditated first-degree murder and possession of a firearm during a crime of violence for fatally shooting 27-year-old Evelyn Arroyo on Dec. 24, 2014, on the 3900 block of 14th Street, NW. Arroyo was Lopez’s former girlfriend.

Lopez attended the May 24 hearing and listened to the proceedings with the assistance of a Spanish language translator.

Judge O’Keefe wondered what new information the witness would be able to provide given that the prosecutors decided not to put him on the stand initially to support their argument that Lopez was guilty.

Machado said the witness was “exasperated with the government” after waiting all day to be called and “became uncooperative.”

The prosecutor said she was “a little at a loss, here,” why Lopez’s defense was “ineffective” simply because someone on the prosecution’s witness list didn’t testify on the defendant’s behalf. She said whatever his testimony might be, it is likely irrelevant and it “wouldn’t have moved the needle.”

“I don’t know that becomes grounds for a new trial,” said Judge O’Keefe. “Based on a witness that we don’t know anything about,” would he offer exculpatory testimony, asked O’Keefe?

Machado admitted he didn’t know what the uncle, who was also described as Lopez’s friend, would say. However, he said that the prosecutors had “poisoned the waters” by aggravating the individual and making him uncooperative. Further, he was “hidden” and kept apart.

The prosecutor said the witness didn’t have relevant information and that’s why he was released.

To backup defense claims that the witness might have value, Machado told the court one of Lopez’s former lawyers, Rachel McCoy, was outside the courtroom and prepared to say what she knew.

The defense decided not to call her after determining she wouldn’t be able to shed new light on the matter.

In the end, Judge O’Keefe said that since neither the prosecution nor the defense had called the witness the motion for a new trial was denied.

To prepare for Lopez’s July 12 sentencing, Machado wanted to review the trial transcript to “have a better understanding” of what happened.

Judge O’Keefe said that the court wasn’t going to relitigate the case and that the mandatory minimum for the crime is 30 years imprisonment.

Judge Detains Shooting Defendant Following Multiple Failures to Appear

DC Superior Court Judge Robert Okun ordered Tejan Bah detained following multiple failures to appear and loss of contact during his release for a shooting incident.

Bah, 34, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury, and two counts of assault with a dangerous weapon, among other charges, for his alleged involvement in a non-fatal shooting that occurred on Nov. 27, 2021, on the 2200 block of 25th Place, NE.

Judge Okun previously issued two bench warrants due to his failure to appear in multiple proceedings.

On May 24, Bah was present for the first time in months, prompting Judge Okun to dismiss the warrant for his arrest.

Gemma Stevens, Bah’s defense attorney, reported to Judge Okun that he is experiencing homelessness and medical issues that have caused difficulty in communicating with her and the Pretrial Services Agency (PSA), that was supervising his release.

Stevens requested Bah continue to be released, citing an attack he endured at the jail, which caused him to lose his vision, and has had a “very profound impact on his functioning,” including his cognitive abilities.

“He would be ultra vulnerable at the jail,” Stevens insisted.

“This is a very hard decision,” said Judge Okun, stating “it’s not just one time when he’s failed to show up,” referring to his multiple failures to appear.

Judge Okun insisted the community’s safety is not a concern, but rather his ability to return to court is.

Due to his failure to appear, Judge Okun revoked his release conditions and ordered he be detained pending future proceedings.

“Sorry about that, Mr. Bah,” said Judge Okun.

Parties are slated to return June 28.

‘I Want Justice for My Son,’ Says Victim’s Mother During Homicide Sentencing

DC Superior Court Judge Robert Okun sentenced a homicide defendant to 23 years of incarceration before more than 20 of the victim’s family and friends.

James Jackson, 30, was originally charged with first-degree murder while armed – felony murder for his involvement in the fatal shooting of 29-year-old Christian Gabriel Monje on May 30, 2022, on the 1700 block of Rhode Island Avenue, NW.

Monje was on the steps of a church when Jackson approached and engaged him in a struggle. Jackson shot Monje once in the head, before fleeing the scene.

Monje succumbed to his injuries June 16, 2022.

On Feb. 14, Jackson accepted a plea deal that required him to plead guilty to second-degree murder while armed, in exchange for the prosecution not seeking an indictment. Through the deal, parties agreed to a 19-to-23 year sentencing range.

“I want justice for my son,” said Monje’s mother during her victim impact statement on May 24, adding “Christian is more than photos, letters, and videos,” which they previously shared with Judge Okun.

“I was so proud of him,” she stated, claiming he was flourishing in the months leading up to his murder.

“Christian was going to be good, but his life was shattered,” said his mom.

As for the plea, the mother said, the defendant asked for multiple continuances to think about it, “but he didn’t think before he shot.”

“He took a life. My family is not complete,” she argued.

“I begged God to save [Christian],” she stated. However, she said, after watching him suffer, she “Begged God to take him.”

“I told him how much I love him, how much I’ll miss him,” she said about her final conversation with him. “The day he died, I whispered in his ear ‘I will be happy in your honor’.”

“From the time my son was born, he was a fighter,” cried Monje’s dad.

“I have to go every night to the cemetery to say goodnight to my son. I don’t think that’s right,” he proclaimed.

He too, asked for justice.

The prosecutor displayed a video, created by his family, which depicted images of his life and said “Recordando a nuestro amado Christian Gabriel. Viviras por siempre en nuestros corazones” – translated to remembering our beloved Christian Gabriel. You’ll live in our hearts forever.

Prosecutors insisted Jackson is a danger to the community, recalling his previous convictions, which included the stabbing of a victim on the chest.

“Christian was minding his own business,” said the prosecutor, adding Jackson confronted him on the church steps, shot him on the head and ran away with his bag.

Prosecutors credit the Combined DNA Index System (CODIS) for matching Jackson’s DNA from a Maryland case to Monje’s murder scene.

Had the match not been made, the prosecutor claimed, this case would have been “one of the many unresolved homicide cases in the District.”

According to the prosecutor, Jackson had been given multiple opportunities by judges in two Maryland jurisdictions, but he “kept reoffending and reoffending, until Memorial Day in DC, when he murdered Monje.”

“He saw someone who was vulnerable and took advantage of him,” the prosecution insisted.

He asked Judge Okun to not give him more chances, adding “we are asking this for the safety of the public.”

“The only thing that works is keeping him in prison,” said the prosecutor as he requested Judge Okun sentence him to 23 years.

“Jackson never meant for this to happen,” insisted Richard Finci, his defense attorney, adding “he has expressed extreme remorse.”

Finci discussed Jackson’s long standing substance abuse issues, adding he has previously attempted suicide, or overdosed, twice.

“He intends to come out a changed and better person,” Fici said, insisting Jackson will focus on becoming a better person to ensure he’s able to parent his twin children when he’s released.

Jackson corroborated Finci’s arguments, stating “I feel remorse daily,” adding that he was “an addiction fueled time bomb,” when the incident occurred.

“I would like to take accountability for my actions and ask for forgiveness,” he told Judge Okun.

“It’s obvious he meant a lot to a lot of people, and it’s obvious that he will be sorely missed,” said Judge Okun about Monje.

However, he stated, no sentence that he imposed would bring Monje back to his loved ones, or fill the hole his loss has left on their lives.

Judge Okun deemed the incident a “completely random, unjustified crime… the killing of a person,” stating that he considered the seriousness of the crime and Jackson’s criminal history for his sentencing.

“There is no doubt in my mind that a sentence at the top of the guidelines is necessary,” said Judge Okun, as he imposed a 23 year sentence.

Jackson will be required to serve a supervised release period of five years, register as a gun offender, and receive substance abuse and mental health assessments and treatments.

“For your sake, for your kids’ sake, and for the community’s sake, I hope that when you get out you can be a good member of society and not come back to Superior Court,” Judge Okun told Jackson.

No further dates were set.

Murder Defendant’s Sentencing Rescheduled Again

Once again, the sentencing hearing for a murder defendant was postponed due to a family emergency affecting defense counsel in a May 24 proceeding.

David Botchway, 21, pleaded guilty to second-degree murder while armed with a firearm for shooting 19-year-old Andre Baker on Aug. 5, 2023, on the 1200 block of U Street, NW.

There have been six rescheduled dates/ times for Botchway’s sentencing hearing since its initial scheduling on March 8.

D.C. Witness previously reported that Botchway killed Baker by shooting him in the head and torso. According to the prosecution, Baker and two friends, one with whom he was arguing, were at a bus stop on U Street when Botchway approached them and shot Baker.

Officers with the Metropolitan Police Department (MPD) saw the suspect run away from the area of the incident, and engaged in a foot chase. The suspect was arrested shortly after, and a .40 caliber Glock 22 handgun was recovered in his possession.

According to the prosecutors, the shooting was unprovoked, and Botchway did so with malice and conscious disregard for Baker’s life.

DC Superior Court Judge Rainey Brandt rescheduled Botchway’s sentencing for May 31 at 2pm.

Acquitted: Defense Alleges MPD Failed to Investigate Leads in Homicide Case

Editor’s note: On May 30, a jury acquitted Devonte Brothers of all charges connected to the homicide of Deron Leake. Brothers is still being held on homicide charges in another case.

A homicide defendant’s attorney provided evidence to a jury in DC Superior Court Judge Anthony Epstein of other possible suspects, that a detective testified police did not investigate.

Devonte Brothers, 29, is charged with first-degree murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the murder of 27-year-old Deron Leake, also known as “Snoop”, on Oct. 17, 2019, at the Cascade Apartment Complex on the 4200 block of 6th Street, SE. The incident also left one individual with non-life threatening injuries.

On May 23, Dominique Winters, Brothers’ defense attorney, questioned the case’s lead detective from the Metropolitan Police Department (MPD) regarding his involvement in the investigation.

The detective stated he arrived at the scene of the incident to assist in the preliminary investigation and help canvas for evidence and suspects.

Winters questioned his ability to locate surveillance footage that depicted the scene in the moments leading up to, during, and following the shooting.

According to the detective, he and multiple officers canvassed the area for cameras that may have captured the homicide. However, he was unable to obtain one he believes could have captured it.

The detective testified that a woman, who lived across the street from the scene and had a camera facing towards the Cascade Apartment Complex, refused to turn over the footage to MPD.

Winters questioned if he had attempted to acquire it more than once, he testified that he had not.

In an attempt to prove MPD’s failure to fully investigate the incident, Winters displayed body worn camera footage that depicted the detective telling an officer the homeowner “ain’t f***ing with us,” adding, “I’m gonna get a subpoena and get all of her s***.”

However, the detective testified he never got the subpoena and was never able to acquire the video.

Winters also questioned the detective’s ability to find potential suspects with a motive to kill Leake.

According to Winters, an individual whom Leake had shot in 2017 had been released from the Department of Corrections’ custody three months before Leake’s murder.

However, she insisted MPD failed to interview him and find out his whereabouts at the time of Leake’s murder.

Prosecutors argued that was inaccurate, stating that the individual whom Leake had previously shot had been in the community between 2017 and 2018, after Leake had shot him, and had not attempted to kill Leake since.

They also insisted that, during a procedural photo array, the individual was unable to identify Leake as the shooter.

“A lot of times people aren’t willing to identify people that shot them,” Winters responded.

The defense also called on a cell phone forensics and cell tower data expert, who testified that Brothers’ phone was in the area of the incident at the time of the murder, but is unable to pinpoint the exact location of his cell-phone.

Parties are slated to return May 28.

Defense Attacks Identification Evidence in a Murder Trial

DC Superior Court Judge Marisa Demeo postponed rulings on outstanding motions in a fatal shooting incident in a May 22 hearing. Unresolved arguments among the parties led the prosecution to call a detective to the stand to testify about the initial investigation of the defendant.

Aaron Murchison, 28, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction, for his alleged involvement in the fatal shooting of Jamontate Brown, 32, on Oct. 16, 2022. The shooting occurred outside an apartment complex located on the 2500 block of Pomeroy Road, SE.

According to court documents, Brown sustained multiple gunshot wounds and was found on a sidewalk lying on his back with his hands above his head. There was a handgun found on the victim.

There were 80 spent cartridge casings, four live rounds of ammunition, and 22 fragments recovered from the scene, as per court documents.

The documents also stated that detectives located a vehicle believed driven by the victim that had evidence of gunshot damage to the driver’s side.

A set of keys belonging to the vehicle were found on Brown, and when law enforcement arrived at the scene, they reported the vehicle near the victim with its engine running.

Court documents stated that a witness claimed the victim must have fired first and then tried to run, which prompted the defendant to start shooting at him.

On April 3, Kevann Gardner, Murchison’s defense attorney, filed a motion to suppress identification testimony from evidence.

At the hearing, the defense argued for the elimination of information received from a certain witness who allegedly identified Murchison in surveillance footage after detectives presented a photo of him to the witness.

Surveillance footage presented in court shows numerous men, including an individual identified as Murchison, coming in and out of a stairwell in the apartment complex around the time of the shooting.

Gardner stood firm in his argument, stating that the identification was suggestive as opposed to spontaneous, arguing that there was no probative value to the identification made by the witness.

“We don’t believe that happened,” Gardner asserted, referencing the defense’s disbelief that the witness who allegedly identified his client “spontaneously spoke up.”

Gardner insisted on further examination of the information for reliability.

In response, the prosecution presented a detective from the Metropolitan Police Department (MPD) who assisted the lead detective in the investigation.

The detective was called to the crime scene and assisted in canvassing shell casings on scene and locating a vehicle believed to be related to the incident.

However, the detective was not present for the initial showing of video surveillance footage to the witness, which he said occurred in the leasing office at the apartment complex, and was not involved or present during the photo identification procedure with the witness.

He later joined in reviewing surveillance footage at the apartment complex and was in the room with the witness and other detectives.

During his testimony, the detective could not recall details such as who was in the footage review room with him, how big the room was, and whether the surveillance footage was played on a computer screen or a television monitor.

“You don’t know because it was a year and a half ago?” asked Gardner multiple times throughout the testimony, to which the detective concurred.

Gardner also questioned the detective on his knowledge of the photo identification procedure and if he knew what was said between the detectives and the witness. Gardner raised hypotheticals about what the detectives in the room could have told the witness.

“Because anything could have happened in that room?” asked Gardner, eliciting a chuckle from the detective.

Additionally, Gardner alluded to MPD’s possible prejudice towards the Murchison family.

Prior to the detective’s testimony, Gardner stated that the U.S. Attorney’s Office is very familiar with the defendant’s family as Aaron Murchison’s brothers Antonio Murchison, 31, and Isaiah Murchison, 24, have been prosecuted for murder in DC.

When questioned about the number of suspects in the incident, the detective stated that Aaron Murchison was the only person whose name was mentioned as a suspect in an MPD debrief meeting that was held in October 2022.

Gardner inquired about why there was originally only one photograph presented to the witness who allegedly identified Aaron Murchison, as opposed to showing a photo array.

The defense attorney stated all three of the Murchison brothers could have been shown to the witness as it would have been consistent with the witness’ knowledge of the individual identified in the surveillance footage.

“I’m not sure why [the detectives] didn’t show multiple photos,” stated the detective.

The detective stated that the exact photo that was shown to the witness for identification was a photo that came from an email sent from a criminal research specialist. The email was shown in court with parts redacted, but included identifying information related to the defendant. Its subject line read, “Relatives for [defendant’s mother] and Photo of her Possible Son.”

At the end of his testimony, the detective stated that he did not believe he was aware that the defendant’s mother had three sons, but later found out that two of the sons were incarcerated at the time of the incident.

Judge Demeo postponed the previously scheduled trial to June 6, due to outstanding motions.

The defense was adamant in starting trial as soon as possible, but requested that a motions hearing be held at least a week in advance of the start date of the trial.

Judge Demeo will rule on the motions on May 29.

Judge Releases One Defendant in 2022 Homicide to BoP

During a hearing, DC Superior Court Judge Michael O’Keefe decided to release one defendant while holding another. Both defendants are charged with the 2022 murder of Brian Buxton.

Aaron Walker, 19, and Dasani Dawson, 19, are charged with first-degree murder while armed for allegedly shooting 20-year-old Buxton on Aug. 9, 2022, on the 100 block of Irvington Street, SW. Braxton sustained, what a physician termed as as “unsurvivable brain injury” after being shot in the head.

During the May 23 hearing, Dawson’s defense attorney, Elisabeth Sapirstein, requested her client’s release after the prosecution requested a 30-day extension to produce an indictment in the case.

According to the prosecution, an extra 30 days was needed to secure one last witness, who is “essential” to present to the Grand Jury.

Walker’s attorney, Brandi Harden, debated the indictment extension, saying the requested time was over the 20-days allowed according to the statute. She also moved to dismiss the case against her client.

The prosecutor told Judge O’Keefe that a 20-day extension was enough time to secure the indictment. The prosecutor expects to have an indictment by June 12.

D.C. Witness previously reported that Judge O’Keefe found probable cause that Walker and Dawson were the perpetrators in Buxton’s death, and the prosecution has enough evidence to move the case to trial.

The judge refused to dismiss the case, saying he was prepared to release the defendants. Harden withdrew her request for Walker’s release.

Judge O’Keefe released Dawson, who is slated to transfer to the Bureau of Prison’s (BOP) custody to begin an eight-year prison sentence, for an unrelated crime. She pleaded guilty in April of 2023 to aggravated assault knowingly while armed and possession of a firearm during a crime of violence for a shooting that occurred on Aug. 4, 2022, on the 800 block of Chesapeake Street, SE.

Walker is also being held in another case for his alleged involvement in a domestic violence-related shooting on August 2, 2022, on the 1600 block of Fort Dupont Street, SE. According to court documents, Walker allegedly shot an ex-romantic partner’s boyfriend.

In the domestic violence case, Walker has been indicted on seven charges, including possession of a firearm during a crime of violence, aggravated assault knowingly against a minor while armed, assault with intent to kill while armed against a minor, threat to kidnap or injure a person and assault with a dangerous weapon.

A felony status conference is scheduled for Dawson and Walker on June 13.

Jury Convicts Homicide Defendant in Stabbing of Lifelong Friend

A jury found a homicide defendant, charged with the murder of his lifelong friend, guilty of all charges before DC Superior Court Judge Michael O’Keefe on May 22.

Aaron Jackson, 30, is charged with first-degree premeditated murder while armed and a felony of carrying a dangerous weapon for his involvement in the fatal stabbing of Damohn Gill, 27, on June 24, 2021 on the 3600 block of 22nd Street, SE.

Throughout the trial, prosecutors presented evidence, including surveillance footage and witness testimony, that depicted Jackson’s involvement in the incident.

Most notably, Jackson’s mother testified to being at the scene and attempting to prevent Jackson from attacking Gill. However, she testified, she failed to do so and stepped away when Jackson demanded “Get the f*** off me,” right before lunging at Gill.

According to a doctor from the Office of the Chief Medical Examiner (OCME), Gill sustained nine stab wounds, multiple of which could have caused his death.

However, Jackson and his attorneys, Alvin Thomas and Wole Falodun, claimed Jackson acted in self defense, alleging that he was nervous and worried for his safety when confronted by Gill regarding him going to his mom’s neighborhood.

During his testimony, Jackson told the jury he was a victim of two shootings, in which he sustained multiple gunshot wounds, that were allegedly committed by Gill.

When asked by prosecutors why he didn’t report Gill as the shooter, Jackson told them there were consequences to snitching.

Jackson also testified he had stabbed Gill, but insisted he was defending himself.

According to Falodun, Gill had forbidden Jackson from going to his childhood neighborhood following his brother’s involvement as a witness in Gill’s previous criminal case.

On the day of the incident, Falodun claims, Gill asked Jackson “What the f*** are you doing here?” as he visited his mother.

Jackson, Falodun said, asked Gill for a pass to be back in the neighborhood. However, Gill allegedly responded “There are no passes. You’re about to die.”

Despite the argument of self-defense, the jury believed that prosecutors had proved beyond a reasonable doubt that Jackson had premeditated and deliberately murdered Gill.

Parties are slated to return Aug. 9 for sentencing.

Acquitted: Judge Denies Homicide Defendant’s Judgment of Acquittal Motion

Editor’s note: On May 30, a jury acquitted Devonte Brothers of all charges connected to the homicide of Deron Leake. Brothers is still being held on homicide charges in another case.

A homicide defendant’s request for DC Superior Court Judge Anthony Epstein to acquit him of all charges following the prosecution’s presentation of evidence was denied in a May 22 hearing.

Devonte Brothers, 29, is charged with first-degree murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the murder of 27-year-old Deron Leake, also known as “Snoop”, on Oct. 17, 2019, at the Cascade Apartment Complex on the 4200 block of 6th Street, SE. The incident also left one individual with non-life threatening injuries.

According to witness testimony, the shooting stemmed from an argument between Leake and the suspect regarding Leake “dapping up” the shooter without having a close relationship. Dapping is slang for a friendly handshake.

Dominique Winters, Brothers’ defense attorney, motioned for acquittal, insisting that the prosecution had failed to prove beyond a reasonable doubt that Brothers was the perpetrator in Leake’s murder.

Specifically, Winters argued that all charges should be dismissed based on identification grounds, arguing that only one individual was able to identify Brothers as the shooter in a photo array with detectives of the Metropolitan Police Department (MPD).

However, she claimed that he was only able to do so a year after the murder, and she insinuated he received a legal benefit for it, arguing the assigned prosecutor dismissed a case against him.

Winters also argued that the witness failed to identify Brothers as the killer in court when asked by prosecutors if the shooter was in the room. She also insisted because he was intoxicated at the time of the incident, it could have played a role in what he saw and what he remembers.

During her oral motion, Winters claimed the shooter was outnumbered two-to-one during the incident, citing the recovery of two firearms from Leake and the surviving victim.

She also argued against the intent to kill aggregate in the assault charge, insisting there was “no outrageous amount of shots fired.” She added that the shooter could have acted in self-defense, since the surviving victim testified he also fired his gun.

Despite her arguments, Judge Epstein denied the motion, stating that the individual who identified the shooter in the array “was 100 percent confident,” and insisted that Winters’ arguments “go to the weight [of the evidence].”

As for the intent to kill aggregate, Judge Epstein argued “there was time to develop the intent to kill after the argument.”

Parties are slated to reconvene May 23.

Lawyers Argue About Scheduling a Murder Trial Pending Furloughs by Public Defenders

The impact of an upcoming furlough in the DC Public Defender’s office weighed heavily during a hearing for a murder defendant before DC Superior Court Judge Robert Okun on May 23.

The question was when would Tyree Irving’s trial begin since it appeared Irving’s attorney, Madalyn Harvey, would not be available on the proposed start date of Aug. 19.

Irving, 27, is charged with first-degree murder murder while armed for allegedly shooting 22-year-old Davane Williams on Jan. 25, 2019, on the 1200 block of North Capitol Street, NW.

While a Public Defender work stoppage hasn’t been officially announced, a source at Superior Court tells D.C. Witness, it’s been widely mentioned by several Public Defense lawyers as well as prosecutors. The plan as described would be for the lawyers to avoid any trial or client work for one day a week to prevent being overloaded.

The furlough situation has “prompted this hearing,” according to the prosecutor. If the furlough turns out to be on Mondays, that would reduce available trial days to three-a-week since Fridays are reserved for hearings.

“Essential trials must continue for the court to function,” said the prosecutor concerned about the large number of cases scheduled on the docket. He mentioned that there is a plan in place to provide resources during a government shutdown.

“That’s a government shutdown. This is a furlough,” said Harvey. She alerted the court that the situation is “out of control” and, “That’s where we are.”

Judge Okun said if Harvey were precluded from being in court as a result of the furlough, Irving couldn’t appear without representation. While the prosecutor insisted Irving’s trial should start on a Monday, Judge Okun said he was “not convinced.”

The prosecutor continued to press his case saying, “This is a new problem but the court has an obligation to move forward to trial.” He chided the public defenders’ plan to reduce their work schedule as “unprecedented,” that they should be expected to spend extended hours and suggested bringing in part-time defense lawyers on a special panel to fill the void.

As to the staffing problem, the prosecutor said it was “a self-inflicted wound” for not properly managing the agency’s money.

“It was a mistake on behalf of Congress,” said Harvey and rejected any attempt to malign executives in her office as “unjustified.” According to a 2023 National Public Defense Workload Study, ““Public defenders face extremely heavy workloads that prevent them from providing effective legal representation to people accused of crimes.”