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Stabbing Defendant’s Hearing Delayed for Second Day After He Refuses to Attend Court 

On July 17, DC Superior Court Judge Heidi Herrmann announced that a stabbing defendant’s hearing was delayed for the second day in a row due to his refusal to attend court..  

Tyrone Graham, 42, is charged with assault with a deadly weapon for his alleged involvement in a stabbing that took place on July 13 on 12th and U streets in front of a McDonald’s restaurant. One individual sustained injuries during the incident. 

According to court documents, Graham was allegedly standing at the bus stop when he and the victim got into a verbal altercation, when the victim began punching Graham in the face, and Graham allegedly reached into his bag and began stabbing the victim. 

During Graham’s hearing Judge Herrmann announced that he was a “non-compliant scratch,” meaning he refused to attend his hearing. Likewise, on July 16, Graham’s absence was described as a medical issue. .Parties are slated to meet on July 18.

‘You’ve Restored My Faith in Humanity,’ Says Judge After Sister Prays for Man Who Murdered Her Brother

A defendant found guilty of first-degree murder in 2014 pled guilty to the same incident during an emotional July 17 hearing in the courtroom of DC Superior Court Judge Rainey Brandt.

Arik Sims, 36, was originally charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, and misdemeanor offense of carrying a pistol without a license for his alleged involvement in the homicide of 29-year-old Lamar Fonville. The incident occurred on Sept. 30. 2012 on the 7400 block of Georgia Avenue, NW. Fonville sustained one fatal gunshot wound to the back of the head.

Sims was convicted of each charge following a jury trial in June 2014. The case was reopened in 2019 was declared a mistrial on appeal, because of unverified hearsay statements admitted during trial.

During the hearing, Sims accepted a deal, which required him to plead guilty to second-degree murder while armed, in exchange for a dismissal of all other charges. Through the deal, parties agreed to a sentence of 14 years of incarceration. Sims testified that he made the decision to accept the offer willingly and knowingly.

The prosecution offered a plea deal this late in the case because it would be too difficult for all parties to stage another trial with a result that could be appealed again. For example all three detectives that worked on Sims’ case retired from the Metropolitan Police Department (MPD) and would only be able to testify from distant memory.

Judge Brandt decided to proceed with the sentencing.

The prosecution stated that Fonville’s family were “not happy” that the case was reopened. She pointed out that Fonville’s sister, who was present at the hearing, was present every day of the original trial despite being eight-and-a-half months pregnant. According to the attorney, her daughter is now ten years old, and their family deserves closure after 12 years of court proceedings.

Fonville’s sister in a victim impact statement supporting the prosecution’s argument saying, “It’s like I’ve been trying to heal,” she began, “but it’s like ripping the bandaid all over again.”

She wished Sims had “just told the truth from the beginning” and spared her family from the process again. She explained that her family was still suffering from the incident, setting an empty plate at every holiday table. Fonville has three nieces and nephews that will never meet him, she stated, and they will only know about their uncle through pictures and visits to his gravesite. 

She reminded Sims that he and Fonville had been friends at the time of his death, but throughout the original trial, Sims acted “cocky” and like he thought he was going to get away with the murder. However, she then told him, “your eyes seem a little sadder…I do see some type of remorse today.”

She told Sims that she had been praying for him and would continue to pray that he works towards bettering himself and contributing something positive to his community. “I wish you the best in your life and that you make the most of it,” she ended.

Judge Brandt expressed her appreciation that in her family’s grief and pain, Fonville’s sister was able to pass her hope to Sims. “You’ve restored my faith in humanity,” she told her.

Sims’ defense attorney, Dana Page, argued that Sims taking responsibility was indicative of his state of mind and behavior. She shared the sister’s sentiment that Sims has shown signs of change, stating that he is more wise and mature since the case began.

Page also stated Sims has taken advantage of the educational and community outreach programs at the DC Jail and that “he is a star” member. She shared that Sims has been accepted into and will begin the Georgetown University Pivot Program when released to make positive contributions to his family.

In his statement to the court, Sims thanked Fonville’s sister for her prayers and apologized to her and her family. He stated that he is a different person because of his experiences and expressed remorse for all of his actions.

Sims was sentenced to 14 years of incarceration and five years of supervisory release with credit for time already served. Sims will also be registered as a gun offender for up to two years after his release.

Homicide Defendant Waives Right to Independent Testing of DNA Evidence

A homicide defendant waived his right to independent testing of DNA evidence recovered from a crime scene, before DC Superior Court Judge Maribeth Raffinan on July 17.

Franklin Dorn, 44, is charged with second-degree 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 shooting of 28-year-old Antonio Brown. The incident occurred on Aug. 6, 2023, on the 1200 block of North Capitol Street, NW.  

At the hearing, the prosecution went over the physical evidence that was recovered from the scene and had tested, including a firearm, a magazine for the firearm, a bloodstained shirt allegedly worn during the incident and clothes recovered from Brown during the autopsy.

Parties are scheduled to reconvene Jan. 9.

Carjacking Defendant Accepts Plea Deal

A defendant involved in a carjacking accepted a plea deal before DC Superior Court Judge Heidi Pasichow on July 17.

Guilbert Rojas Villarroel, 40, is charged with carjacking, robbery while armed, first-degree theft, and threats to injure or kidnap a person, for his involvement in a carjacking incident that occurred Sept. 9, 2023 on the 2100 block of K Street, NW. No injuries were reported.

According to court documents, a driver was picking up an Uber Eats order when the defendant took over the driver’s seat with the owner’s brother in the passenger seat. Then, the defendant allegedly made threats to kill the car owner’s brother if he were to try and contact emergency services or the authorities.

During the hearing, Villarroel and his defense attorney, Christopher Mutimer, alerted the court of his intent to accept a plea offer from the prosecution.

The deal requires Villarroel to plead guilty to robbery, threats to kidnap or injure a person, and first-degree theft, in exchange for a dismissal of all other charges. 

Parties are slated to return on Sept. 25.

Carjacking Defendant Rejects Plea Offer

A carjacking defendant rejected a plea offer in front of DC Superior Court Judge Erik Christian in a July 17 hearing. Details of the agreement were not immediately available.

Lamar Stephens, 37, is charged with unarmed carjacking, five counts of robbery while armed, unlawful possession of a firearm, and five counts of possession of a firearm during a crime of violence for his alleged involvement in a carjacking incident that occurred on the 1600 block of V Street, SE on May 26.

According to court documents, a group of five individuals had been robbed at gunpoint by two suspects, who fled in the victims’ parked rental car. During the incident, a phone and a wallet containing credit cards were also stolen. A black handgun was allegedly brandished, but never fired. 

Officers were able to track the defendant’s location through the stolen phone. He was later detained after a brief foot pursuit, court documents stated

Parties are slated to return on Oct. 3.

Parties Debate Evidence in a Shooting Case

DC Superior Court Judge Heidi Pasichow denied a shooting defendant’s motion to suppress evidence recovered during a search warrant in a July 16 hearing. 

James Guillory, 24, is charged with two counts of assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a license for allegedly shooting and injuring two individuals on June 15, 2023 on the 4600 block of Hillside Road, SE. 

A male victim sustained a firearm injury to the hip, and a female victim sustained a ball bearing (BB) gun injury to the nose.

In what was supposed to be Guillory’s trial date, the parties discussed a motion to suppress tangible evidence, which caused a delay in a jury being picked. 

The prosecution called a detective from the Metropolitan Police Department (MPD) who testified that the suspect’s identification came from one of the victims, who had been shot on the hip. According to the detective, the victim told the police the suspect could be found in a specific apartment in the building where the shooting occurred. 

He said she saw the individual run into the apartment after opening fire. He also testified that during the search of the residence, officers did not open or look through any boxes, suitcases, or beds.

However, Gail Engmann, Guillory’s defense attorney, displayed multiple clips of body-worn cam footage in which a witness tells officers she did not know where the individual went after the shooting. Another clip, also played in open court, showed officers looking through boxes, suitcases, and under the bed an apparent contradiction to the officer’s earlier testimony.

According to the detective, during the search of the residence, BB guns, two sealed cartridges, and a District of Columbia identification card with Guillory’s information were found. 

According to Engmann, the detective “cannot establish that the search was lawful,” insisting he should have gotten a search warrant. Video footage from the defense shows several officers entering the residence where the victim indicated the shooter was located.

The prosecutors argued “the defense is mixing issues at this point,” insisting that the search was lawful and the evidence recovered during it can be used at trial. 

Judge Pasichow agreed with the prosecution, and denied the defense’s motion to suppress the evidence. 

Parties are scheduled to reconvene July 17.

Judge Allows Murder Defendant to Use a Self-Defense Claim in Trial

DC Superior Court Judge Anthony Epstein denied the prosecution’s attempt to block the defense from using a self-defense claim in murder trial on July 17. 

Jason Lewis, 42, is charged with second-degree murder while armed, two counts of assault with a dangerous weapon, and three counts of possession of a firearm during a crime of violence for his alleged involvement in the shooting of Karon Blake, 13, on Jan. 7 on the 1000 block of Quincy Street, NE.

The prosecutor “vehemently” disagrees that there is a self-defense claim to be made in this case. 

In surveillance footage, the prosecution pointed out there are two figures, suggesting that one  is Blake,- who are presumably breaking into cars on the street outside the defendant’s home. 

The prosecutor claimed that after Lewis came out of his house, armed with a gun, stepped outside his property line, thus giving up his right to claim self-defense. 

The prosecution stated that one of Blake’s associates who was outside the car with him, had started running toward the “getaway car” when Lewis fired his first shot, which allegedly hit the car. 

That is when Blake started running in the general direction of the defendant, when Lewis admits he shot him. 

Lewis’ defense attorney, Edward Ungvarsky, clarified saying that Blake ran “at” Lewis, not in the general direction of the defendant.

The prosecution says the video shows Blake running past Lewis.

Judge Epstein told counsel that the jury can come to its own conclusion on that point.  Ungvarsky said he is still looking into the property lines of Lewis’ home to see if he was inside the boundaries during the incident.

Judge Epstein told the prosecution that it would be “inconceivable” that Lewis does not have a self-defense claim in blocking the request.

Also in question was the defense’s motion to compel evidence of Blake’s previous violent acts as a source of potential witnesses. Judge Epstein told the defense that they are right that prior acts of violence are relevant in murder cases, although not sufficient to prove self-defense. 

The prosecution said they have not tried to get this information because Blake was a juvenile when the incidents occurred and the information is protected. 

Judge Epstein gave the prosecution until July 18 to file a response to the defense request.

Additionally, the defense filed a motion to suppress statements made to the officers at the scene right after the incident as a violation of Lewis’ constitutional rights to be protected against illegal search and search seizure and from making self-incriminating statements.

Ungvarsky argued holding Lewis was illegal because he told police he acted in self-defense, called 911 and performed CPR on Blake.

The prosecution said Lewis was not detained as he had not been handcuffed. 

Judge Epstein addressed the defense’s motion to dismiss or stay the case until resolving whether a fair jury can be selected from the community is decided.

Ungvarsky asserted that the legality of the jury must be resolved before trial, as the prosecution has two civilian witnesses from the community testifying. 

“I don’t think delaying this trial is warranted,” Judge Epstein told Ungvarsky, the prosecution has a “legitimate interest in a speedy trial” because the victim was a minor. 

The parties are set to reconvene Aug. 5.

Judge Denies Prosecution Request to Revoke Murder Defendant’s Release

DC Superior Court Judge Robert Okun stated on July 16 there was “no basis to revoke release status” for a homicide defendant, despite the DC Pretrial Services Agency (PSA) requesting the action.

Dwayne Fountain, 44, is charged with first-degree murder premeditated while armed, carrying a dangerous weapon outside a home or place of business with a prior felony conviction, and possession of a prohibited weapon for his alleged involvement in the homicide of 47-year-old Marcus Carey that occurred on May 4, 2023, on the 3500 block of Hayes Street, NE.

According to court documents, on June 18, Judge Okun and both parties received a report from PSA, which stated Fountain was not compliant with his release conditions, in that he hasn’t kept his GPS monitor charged, and he’s accused of “water loading’ a drug test. That involves drinking two-or-three large glasses of water before the test to in an effort to dilute a urine sample so the result will be negative.

At the status hearing Fountain’s attorney, Jason Tulley, stated that since June 18 Fountain has been largely compliant with his release conditions, and has been routinely testing negative for drugs.

A stand-in prosecutor stated the assigned regular prosecutor requested the revocation, but would ultimately abide by Judge Okun’s decision. 

He dismissed further pretrial show cause hearings and allowed Fountain to remain on release because he found Fountain had overall been compliant.

Tulley also stated that plea offer negotiations with the prosecution would continue and a decision about how the case will proceed should be determined at the next hearing. 

Parties are slated to return Oct. 18.

Carjacking Defendant Waives Right to Preliminary Hearing 

DC Superior Court Judge Heide Herrmann granted a carjacking defendant’s motion to waive his preliminary hearing on July 16.

Larry Fisher, 31, is charged with armed carjacking for his alleged involvement in a carjacking that took place on Feb. 27 on the 1500 block of Pennsylvania Avenue, SE. 

According to court documents, Fisher and another individual struck a DoorDash driver in the face and brandished a gun while he was on his moped picking up an order from McDonald’s. The other individual then got onto the bike and fled the scene. 

Fisher fled on foot, as per court documents. 

During the hearing, Fisher’s defense attorney, John Sample, alerted the court of his intent to waive his preliminary hearing. 

Judge Herrmann accepted the waiver. 

Sample did not request release as Fisher is currently serving a “pretty lengthy sentence,” of three years for unauthorized use of a vehicle, as detailed in court documents which also indicate around the time of the carjacking he was on supervised release. 

Parties will reconvene on Aug. 1.

Judge Holds Non-Fatal Shooting Defendant on an ‘Obviously Very Dangerous,’ Offense 

A non-fatal shooting defendant waived his preliminary hearing and was denied release before DC Superior Court Judge Heidi Herrman on July 16.

Abdoulie Jawneh, 23, is charged with assault with a dangerous weapon for his alleged involvement in a shooting that took place on May 1 on the 2700 block of Wade Road, SE. No injuries were reported. 

According to court documents, Jawneh’s older brother advised detectives that Jawneh was the individual who shot at him and his girlfriend. 

The report says Jawneh’s older brother explained that he and his girlfriend were driving around when they saw Jawneh. The couple pulled over to talk with Jawneh. An altercation began when the older brother explained to Jawneh that their mother was concerned about Jawneh’s possible dangerous activities in the neighborhood. 

The defendant reportedly became irritated and engaged in a physical altercation with his older brother. Afterward, the older brother and his girlfriend returned to their truck. The defendant then allegedly approached from behind with a pistol and fired multiple shots, striking their vehicle, according to court documents. 

At the hearing, Richard Holliday, alerted the court of Jawneh’s intent to waive his right to a preliminary hearing. Judge Herrman accepted, finding his waiver “knowing, intelligent and voluntary.”

Holliday asked for Jawneh to be released to home confinement.

He argued Jawneh should be released based on his lifelong residency in the DC area, his ability to live with his father in Delaware and only come to DC for trial procedures, gainful employment, and prior compliance with release conditions. 

The prosecution objected to the motion, arguing that Jawneh committed an “extremely dangerous offense,” and there are “no conditions,” that could ensure the safety of the community.  

Prosecuting attorneys mentioned that Jawneh has two prior firearms convictions in other jurisdictions and, when he was arrested on May 1, he was awaiting sentencing for his most recent offense. 

Judge Herrman agreed with the prosecution stating that the incident was “obviously very dangerous,” and that his prior convictions “add considerably,” in her decision to hold Jawneh. 

Parties are set to meet on July 25. 

Stabbing Defendant’s Preliminary Hearing Delayed Due to Medical Issues 

On July 16, a stabbing defendant’s hearing was delayed after undisclosed medical issues prevented his appearance before DC Superior Court Judge Heidi Herrman. 

Tyrone Graham, 42, is charged with assault with a deadly weapon for his alleged involvement in a stabbing that took place on July 13 on 12th and U street in front of McDonald’s. One individual sustained injuries during the incident. 

According to court documents, Graham was allegedly standing at a bus stop when he and the victim got into a verbal altercation and the victim began punching Graham in the face. Then Graham reached into his bag, pulled out a knife, and allegedly began stabbing the victim. 

Wole Falodun, Graham’s defense attorney, waived his presence at the hearing, following US Marshals’ alerting the court Graham had not been transferred to the courthouse due to a medical issue.

Falodun told the court that Graham had requested new counsel going forth, but Judge Herrman stated that Graham needed to be present in order to discuss his request. 

Parties are reconvening on July 17. 

Judge Orders Carjacking Defendant Transferred to Saint Elizabeths for Mental Health Treatment

DC Superior Court Judge Heidi Pasichow  granted a request to send a carjacking defendant to Saint Elizabeths Hospital for mental health treatment based on a report by the Department of Behavioral Health (DBH) in a July 16 hearing.

Kayla Brown, 22, is charged with unarmed carjacking for an incident that occurred on June 3 at Washington Hospital Center on the 100 block of Irving Street, NW. Brown allegedly stole a motor vehicle from a woman whose mother, 55-year-old Leslie Gaines, was still inside the car. 

The DBH report declared Brown mentally incompetent to stand trial in that she’s unable to understand the charges against her and participate in her own defense.

According to court documents, officers chased down the stolen vehicle, which crashed into the US Attorney’s Office on the 600 block of D Street, NW. Gaines was found in the car, unresponsive. She succumbed to her injuries at a hospital.

During the hearing, Sylvia Smith, Brown’s defense attorney, argued that Brown be released or be moved to St. Elizabeths Hospital because of the incompetency finding. 

Judge Pasichow granted the request, stating that “[Brown’s] time is better spent in the hospital right now so that the doctors can further observe her.” 

Parties are slated to return on Aug. 16.

Disputed Plea Offer Delays Shooting Case

A preliminary hearing in a shooting case was delayed in a dispute over the details of a plea offer before DC Superior Court Judge Marisa Demeo on July 16. 

Damari McLaughlin, 17, is charged with aggravated assault knowingly while armed for his alleged involvement in a non-fatal shooting on the 1000 block of Valley Avenue, SE on March 18, 2023. A victim suffered life-threatening injuries. 

McLaughlin is charged as an adult under Title 16. 

During the hearing, Daniel Dorsey, McLaughlin’s attorney, told Judge Demeo he was prepared to accept a deal extended by prosecutors, which required McLaughlin to plead guilty to aggravated assault knowingly while armed, in exchange for the prosecution not seeking an indictment. Through the deal, parties would agree to a 90 month imprisonment.

Tensions were high between McLaughlin and Dorsey as McLaughlin told Judge Demeo he was unsure of what the plea entailed. 

McLaughlin said he did not fully understand the terms of the agreement and requested more time to discuss the deal with Dorsey. 

Following a brief break, McLaughlin requested a new attorney, stating he is not satisfied with Dorsey’s services.

According to the prosecution the plea offer cannot be extended past today. 

Felony status conference set for July 30.