Judge Tables Modified Release Decisions for Shooting Co-Defendants

Defense attorney Alvin Thomas asked DC Superior Court Judge Michael O’Keefe to modifyrelease conditions for shooting defendants during a July 16 hearing.

Daniel Cary, 29, and Chantel Stewart, 33, are charged with two counts of assault with intent to kill while armed, five counts of possession of a firearm during a crime of violence, one count of aggravated assault while armed, and two counts of assault with a dangerous weapon for their alleged involvement in a non-fatal shooting that occurred on July 22 on the 4000 block of First Street, SE. One individual sustained injuries during the incident–a gunshot wound to the back which caused a collapsed lung.

Stewart is additionally charged with threatening to kidnap or injure a person. Cary is additionally charged with carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition.

During the hearing, Cary’s defense attorney, Alvin Thomas, requested that Judge O’Keefe modify Cary’s release conditions to allow him to work at a new job.

The prosecution asked Judge O’Keefe to deny the request, citing three instances in which Cary violated his release conditions by going to locations that were not permitted.

Thomas said these violations resulted from Cary’s stopping on the way home from court to pick up food. He then asked that these violations be excused.

Judge O’Keefe said he was “sympathetic” to Cary’s case but needed to table the discussion due to time restraints.

Stewart’s attorney, Jesse Winograd, asked that Stewart’s release conditions be modified so that her check-ins with the Pretrial Services Agency (PSA) be less frequent. Stewart herself was not in court.

Judge O’Keefe asked Winograd to submit a written request to be discussed at the next hearing.

Parties are slated to return July 26 for Judge O’Keefe to decide on the issue.

Severance Motion in Mother-and-Son Homicide Denied

DC Superior Court Judge Maribeth Raffinan denied a motion to sever mother and son homicide co-defendants, during a July 16 hearing.

Jaquell Jackson, 20, and Chakeatia Jackson, 39, are charged with second-degree murder while armed for their alleged involvement in the fatal shooting of 37-year-old Tarshaqua Chappell on Sept. 15, 2021, on the 1300 block of Congress Street, SE.

According to court documents, the murder stemmed from a verbal altercation between Chakeatia and Chappell at Ballou High School on the 3400 block of 4th Street, SE. Following the argument, Chakeatia and Jaquell were allegedly seen pointing at Chappell’s vehicle and shots being fired on the 1300 block of Congress Street, SE.

In court, Tommy Thom, Chakeatia’s defense attorney, filed a motion to separate her trial from Jaquell’s, arguing that his attorney, Brian McDaniel, could act as a second prosecutor towards her. They also argued the evidence against her is limited compared to the case against Jaquell.

Likewise, McDaniel filed a motion to sever, citing prejudice. In the motion, McDaniel argued “Even if Ms. Jackson did not go so far as to allege that her own son committed the offense of his own volition, the mere fact that she is sitting at the trial table with her son… would undoubtedly lead the jury to believe that Mr. Jackson is in fact the person who is seen on the video committing the offense.”

Judge Raffinan ultimately found both defendant’s lacked a basis to sever, and denied the requests.

Parties are slated to return on Sept. 20.

Defendant Sentenced to 15 Years in ‘Absolutely Unnecessary’ Shooting

DC Superior Court Judge Andrea Hertzfeld sentenced a shooting defendant to 15 years of incarceration on July 16.

Marcedes Edmunds, 38, was found guilty of assault with a dangerous weapon, aggravated assault knowingly while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, carrying a shotgun or rifle outside a home or business, destruction of property worth $1,000 or more, possession of an unregistered firearm, and unlawful possession of ammunition, for his involvement in a shooting incident on the 4000 block of Haynes Street, NE, on May 1, 2019. One individual sustained gunshot wounds during the incident.

At the hearing, the prosecution asked the court to give Edmunds a sentence of 15 years, citing the nature and circumstances of the incident.

There was no victim impact statement, but the prosecution stressed this shooting was “absolutely unnecessary” because the victim was trying to get away. The defendant “took a verbal altercation and made it dangerous” to the victim and the community, the prosecution told the court.

Mark Rollins, Edmunds’ defense attorney, told Judge Hertzfeld that “this is literally an anomaly” in his client’s criminal history and he is “almost a first time offender.”

Rollins asked the court for the minimum sentence, which is 120 months for aggravated assault while armed and 60 months for possession of a firearm during a crime of violence. Although, he asked for these sentences to be concurrent instead of consecutive.

Edmunds told Judge Hertzfeld, saying this is “from the heart.”

“If I had anything to do with this charge I would own up to it,” he told the court, maintaining his innocence.

Edmunds asked the court for leniency saying, “Nobody is perfect. I am not perfect.”

In response, Judge Hertzfeld said, “You have every right, Mr. Edmunds, to maintain your innocence” but “the evidence in this case is overwhelming.”

Judge Hertzfeld sentenced Edmunds to 120 months for aggravated assault while armed and 60 months for possession of a firearm during a crime of violence which will run consecutively, totaling 15 years.

Edmunds will also serve 66 months for assault with a dangerous weapon, 28 months for unlawful possession of a firearm, 28 months for carrying a firearm outside a home or business, 12 months for possession of an unregistered firearm, and 12 months for unlawful possession of ammunition, all of which will run concurrently.

Edmunds is also ordered to register as a firearm offender and pay a minimum of $100 per felony charge and $50 per misdemeanor charge to the Victims of Violent Crimes Fund.

Defense Disagrees With Stabbing Defendant’s Competency Finding

DC Superior Court Judge Andrea Hertzfeld granted a defense motion on July 16 to continue a stabbing defendant’s mental observation hearing until they can get a second opinion.

Lenare Leath, 21, is charged with assault with intent to commit robbery for his alleged involvement in a stabbing that occurred on May 2 on the 1200 block of W Street, NW. One individual sustained injuries during the incident.

At the hearing, parties discussed a report by the Department of Behavioral Health (DBH), in which Leath was found to have acute psychiatric issues but is competent to stand trial.

Quiana Harris, Leath’s defense attorney, did not agree with the findings and asked the court to continue to matter until she can acquire a second opinion.

The prosecution agreed with the DBH’s findings, but did not object to the defense obtaining a second opinion.

The parties will reconvene Aug. 16.

Stabbing Defendant Rejects Plea Offer He Doesn’t Understand

DC Superior Court Judge Errol Arthur heard a defendant reject a plea deal for a stabbing because of a language barrier during a July 16 hearing.

Jose Garcia Fuentes, 44, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on the 4400 block of 14th Street, NW on April 24. One individual sustained injuries.

During the hearing, attorney, Henry Escoto, alerted the court his client was not prepared to make a decision on the deal because he can’t speak English.

According to court documents, Fuentes didn’t understand his Miranda Rights against self-incrimination even though they were read in Spanish.

During a June hearing, a detective with the Metropolitan Police Department (MPD) said he watched surveillance footage in which he allegedly saw Fuentes stab a victim with a knife.

Escoto filed a motion to reopen a preliminary hearing because the prosecutor “did not provide the surveillance footage prior to the detention hearing” despite having it. The motion to reopen the hearing was denied by Judge Arthur cited DC Superior Court Judge Renee Raymond’s ruling that the prosecution’s evidence was strong.

The prosecutor said the video evidence provided on detective orders has been disclosed to the court and defense counsel.

According to court documents, Fuentes was the subject of two previous police reports.

The parties are scheduled to reconvene Sept. 13.

Judge Rules on Witness Credibility Issue in a Shooting Trial

DC Superior Court Judge Jason Park ruled on a witness’ credibility issue in a shooting trial and considered pending motions during a July 12 hearing.

Cordell Lesene, 38, is charged with aggravated assault knowingly while armed, three counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, unlawful possession of a firearm because of a prior conviction, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, and unlawful possession of ammunition, for his alleged involvement in a non-fatal shooting on the 100 block of 57th Place SE, on February 6, 2022. One person was injured and sustained injuries from the shooting.

According to court documents, the dispute arose as a result of a drug deal.

Judge Park denied motions by the defense regarding the potential “corruption bias” of a prosecution witness who told another person not to repeat anything he knew about the case. The defense questioned the witnesses’ credibility because they say he might be willing to lie.

He was described as a “poly substance user.” However, Judge Park said the witness would be allowed to testify in that the notion of potential “corruption bias” would have limited application for the jury.

Andrew Ain, Lesene’s attorney, initially objected to a proposed six-day continuance, arguing it is “unrealistic” to rule on pending motions. However, Judge Park said there is good cause for the continuance and does not hold either party accountable for the trial’s ongoing delays.

Jury trial is slated for Aug. 20.

Murder Defendant Rejects Plea Offer, Weighs DNA Testing

A murder defendant informed DC Superior Court Judge Maribeth Raffinan on July 15 that he intended to reject a plea offer and is awaiting word from an expert concerning DNA evidence, during a July 15 hearing.

Deonte Patterson, 28, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and obstruction of justice for his alleged involvement in the fatal shooting of 32-year-old Ali Jamil Al-Mahdi on Aug. 23, 2021. The incident occurred on the 1800 block of 9th Street, NW.

According to court documents, Patterson allegedly shot and killed Al-Mahdi before driving away in a car with his girlfriend and godbrother. Al-Mahdi sustained multiple gunshot wounds to the left arm and chest areas. The suspect vehicle was found later that day after a car accident, where all three passengers survived but sustained injuries.

Reportedly, Patterson’s girlfriend was additionally a witness to an incident on Jan. 19, 2019 where Al-Mahdi allegedly shot at Patterson. Al-Mahdi was arrested for assault with intent to kill.

During the July 15 hearing, Patterson declined the prosecution’s offer to plead guilty to voluntary manslaughter, with a sentencing range of seven-and-a-half-to-fifteen years. All other charges would have been dropped.

Defense attorney Cheryl Stein stated there were previous issues that affected her ability to do independent DNA evidence testing in that the previous expert had “disappeared” and that she could no longer get in contact with them.

Stein explained that in order to move forward with the case, she wanted to get a DNA expert to inform her if testing is necessary or not. However, she could not clarify how long it would take to get that information, stating, “we will cross that bridge when we get there.”

In response, the prosecution stated that there was already a hearing pertaining to independent DNA testing scheduled for October, but there is still no progress.

They are concerned that initiating testing in September would further delay the trial date, which is scheduled for March 2025. Judge Raffinan agreed, saying that the defense was being too vague, and the prosecution deserves clarity.

Judge Raffinan set a deadline for July 29 for defense to render whether they were going to use results from an independent DNA test. She advised that counsel “exercise due diligence,” and that they don’t need more delays for a matter like this that should yield a “basic answer.”

Parties are slated to return Aug. 22 to discuss motions.

Competency Exam Ordered for Murder Defendant Who Wants New Lawyer

DC Superior Court Judge Maribeth Raffinan withheld ruling on a murder defendant’s request for new defense counsel on July 15 and order he complete a competency exam.

Kevin Foster, 20, is charged with two counts of first-degree murder while armed for his alleged involvement in the fatal shootings of Dana Faulkner, 23, and Abdul Fuller, 15 on March 7, 2023.

According to court documents, Faulkner was found unresponsive in a courtyard on the 2700 block of Bruce Place, SE. Life-saving efforts were unsuccessful. Fuller was found unconscious and barely breathing near Mississippi Avenue and Wheeler Road, SE. He was transported to MedStar Trauma Center and succumbed to his injuries on March 9. Both victims sustained a single gunshot wound to the back of the head.

At the July 15 hearing, parties discussed defense attorney Matthew Davies’ motion to withdraw as Foster’s attorney, citing “irreconcilable differences.”

The prosecution responded that Foster already had one attorney, Julie Swaney, be replaced with Davies and feared that this might be an attempt by Foster to “play games” and delay court proceedings. “Ms. Swaney and Mr. Davies are two of the best attorneys in this courthouse,” according to the prosecution.

They further argued that under the Supreme Court ruling Wheat v. United States (1988) that although a defendant has the right to comprehensive and effective counsel, it does not mean that they have unrestricted the right to choose that counsel.

Judge Raffinan stated that she would be holding all motions in abeyance.

She instead ordered that Foster complete an initial competency exam before the next scheduled meeting.

Parties are scheduled to return July 19 to discuss the results of the exam.

Non-Fatal Shooting Defendant Gets More Time to Consider Plea Offer

A shooting defendant was extended a plea offer before DC Superior Court Judge Lynn Leibovitz during a July 15 hearing.

Dominick Jackson, 38, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in a domestic squabble that resulted in a non-fatal shooting.

The incident occurred on Nov. 20, 2022, on the 700 block of 12th Street, NE, and left one adult male victim suffering from gunshot wounds.

According to court documents, eight gunshots were heard and four shell casings were discovered at the scene. Responding officers from the Metropolitan Police Department (MPD) noticed damage to a vehicle, and learned that a victim, who is identified as Jackson’s childrens’ stepfather, was transported to a local hospital for the treatment of non-life-threatening injuries.

At the hospital, the victim allegedly identified the shooter as Jackson to MPD officers, as per court documents.

The offer extended by the prosecution would require Jackson to plead guilty to assault with a dangerous weapon with felony possession and threats (misdemeanor), in exchange for a dismissal of all other charges.

In court, Judge Leibovitz stated if two weeks go by with no resolution, the prosecution can revoke Jackson’s plea offer.

Defense attorney Kevin Robertson asked the court to lift the curfew for his client’s release conditions, but maintain the GPS tracker. The prosecution objected to this request.

Judge Leibovitz denied the request, and maintained the curfew, stating these were the least restricted conditions for defendant Jackson.

A new trial date has been set for Jan. 14, 2025 with a trial readiness hearing on Jan. 7.

Judge Grants Request to Join Shooting Co-Defendants’ Cases

DC Superior Court Judge Jennifer Di Toro granted a prosecutor’s request to join a shooting defendant’s case with that of his alleged accomplice during a July 16 hearing.

Rasheed Thorne, 21, is charged with assault with a dangerous weapon and possession of a firearm during crime of violence for his alleged involvement in a non-fatal shooting that occurred on May 20 on the 600 block of Oglethorpe Street, NW. An off-duty police officer sustained injuries during the incident.

According to court documents, the officer was driving to work when he spotted a vehicle driving erratically. The car stopped, one suspect got out, and allegedly shot at the officer’s vehicle who was injured and transported to a hospital for treatment.

Prosecutors requested Thorne’s case to be joined with that of his co-defendant, William Walker, 21. They were arrested moments after the incident.

Judge Di Toro said she would join the cases, alerting DC Superior Court Judge Robert Salerno who is currently hearing Walker’s case.

Janai Reed, Thorne’s defense attorney, made clear she would file a motion to sever the the cases as the trial date for Walker is Sept. 19 and that will be too soon to prepare Thorne’s case for trial.

Parties are set to appear before Judge Salerno on Aug. 1.

Carjacking Defendant’s Preliminary Hearing Continued Fourth Time

A carjacking defendant’s preliminary hearing was continued until September in front of DC Superior Court Judge Heide Herrmann on July 15.

She’ri Bell, 18, is charged with unarmed carjacking, possession of a firearm during a crime of violence and carrying a pistol without a license outside a home or business for his alleged involvement in an incident on May 15 on the 200 block of Kenilworth Avenue, NE.

According to court documents, Bell met his victim through Facebook Marketplace, then allegedly pointed a gun at the victim and then drove off with her car. The victim confirmed with Metropolitan Police Department (MPD) officers Bell was the one who allegedly stole her car identifying him through Facebook photos.

On June 4, MPD officers performed a traffic stop on Bell and arrested him for misuse of tags and operating a vehicle without a driver’s permit. When performing a vehicle search, MPD officers allegedly found a handgun.

During the hearing, Bell’s attorney, Thomas Lester, requested a continuance for the preliminary hearing with a specific explanation.

This is the fourth time Bell’s preliminary hearing has been continued.

Parties are set to reconvene on Sept. 5 for a preliminary hearing.

‘His Generosity Ultimately Led to His Demise,’ Says Prosecutor at Murder Sentencing

A homicide defendant was sentenced by DC Superior Court Judge Michael O’Keefe on July 12, to 10 years in prison with five years of supervised release for the murder of her father.

Brittany Gaylor, 32, pleaded guilty to voluntary manslaughter while armed for her involvement in the fatal stabbing of her 70-year-old father, James Gaylor. The incident occurred on the 1600 block of 6th Street, NW, on Feb. 10. James succumbed to his injuries on Feb. 11.

According to court documents, James was able to tell officers from the Metropolitan Police Department (MPD) that Brittany had been the one to stab him, before succumbing to his injuries.

At the hearing, the prosecution requested that Gaylor be sentenced above the minimum sentencing guideline of 90 months. The prosecutor acknowledged that mental health played a large part in Gaylor’s actions towards James.

James’ niece offered a written victim impact statement that was read aloud by the prosecutor. She stated that she had been “devastated and in complete turmoil” since the death of her uncle.

“For him [James] to be taken by the hands of his own daughter is something that haunts me,” wrote James’ niece in her letter.

The prosecutor, in his request to Judge O’Keefe, highlighted that Gaylor had threatened James with a knife before, stating that James’ “generosity [in letting Gaylor continue to stay with him] ultimately led to his demise.”

Gaylor’s attorney, Todd Baldwin, requested that Gaylor be sentenced to 90 months, emphasizing the clear mental health struggles that Gaylor was experiencing at the time.

Baldwin argued that during her pretrial sentencing evaluation, Gaylor spoke of hearing voices and that those voices told her to harm her father. Baldwin stated that Gaylor felt a tremendous amount of guilt and “everyday that [went] by [Gaylor] miss[ed] her father.”

Judge O’Keefe insisted there is a legitimate concern that Gaylor could attack another individual in the future, as there was no clear explanation as to why it happened on Feb. 10.

He sentenced Gaylor to ten years incarceration with five years of supervised probation under the supervision of the mental health unit.

Gaylor must take part in multiple mental health programs.

Judge Orders Additional Mental Competency Exam for Shooting Defendant

DC Superior Court Judge Lynn Leibovitz ordered a shooting defendant receive additional examination of his mental competence based on a report from the Department of Behavioral Health (DBH), on July 16.

Kevin Harrison, 23, is charged with unlawful discharge of a firearm and carrying a pistol without a license outside a home or place of business for his alleged involvement in a shooting incident on June 26, 2023, on the 2200 block of 10th Street, NW. No injuries were reported.

According to court documents, Harrison is charged alongside Christopher Hinton, 18, was found in possession of a firearm when Metropolitan Police Department (MPD) officers patted them down after the incident.

Both defendants were arrested on scene, but later released.

During the hearing, parties agreed Harrison needs additional evaluation, citing a report from DBH that stated they were unable to determine his competency. Judge Leibovitz told Harrison he would need to continue online classes supporting his mental health.

Parties are set to reconvene on Aug. 16.

‘I Don’t Think You Went in Thinking You Were Going To Kill Your Friend,’ Says Judge at Sentencing

DC Superior Court Judge Michael O’Keefe sentenced a homicide defendant to 13 years with five years of supervised release at a July 12 hearing.

Jordan Jones, 23, was originally charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his involvement in the fatal shooting of 18-year-old Noel Nicol on Oct. 11, 2021, on the 2000 block of Savannah Place, SE.

On Dec. 5, 2023, Jones accepted an offer that required him to plead guilty to voluntary manslaughter while armed, in exchange for a dismissal of all other charges. Through the deal, parties agreed to a sentencing range of ten-to-13 years of imprisonment.

At the hearing, Jones provided a statement before Judge O’Keefe in which he took full responsibility for his actions and said he was sorry.

The prosecution requested a sentence of 13 years, due to Jones’ admission and the nature of the incident.

Jones’ attorney, Todd Baldwin, requested that the court sentence Jones to ten years. Baldwin read a message of support from a longtime friend emphasizing that Jones “had a long hard life, yet kept” goodness “bound to his soul.”

The friend urged the shorter sentence, stressing that Jones dealt with severe difficulties growing up, writing that he had been shuffled among 51 foster homes.

Judge O’Keefe noted that the plea was extremely favorable and he was smart to take it. After hearing both sides Judge O’Keefe remarked that the “way this reads to me, and I was a defense attorney for a long time, was like a robbery gone bad someone ended up dead.”

Judge O’Keefe told Jones, “I don’t think you went in thinking you were going to kill your friend,” but “you took another person’s life because you wanted to rob them.”

Jones was sentenced to 13 years of imprisonment, with five years of supervised release and the additional requirement that Jones register as a gun offender.

Judge Sentences Defendant for ‘Egregious’ Shooting

DC Superior Court Judge Jason Park sentenced a shooting defendant to 42 months in prison and three years of supervised release on July 12.

Andre Harvey, 29, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his involvement in a shooting on the 2700 block of Martin Luther King Jr. Avenue, SE, on Dec. 2, 2022. An individual sustained injuries during the incident and later died due to unrelated causes.

On April 1, Harvey accepted an offer to plead guilty to assault with a dangerous weapon in exchange for the prosecution’s not seeking an indictment.

The parties also agreed the prosecution would not seek a sentence longer than 42 months.

At the hearing, the prosecutor requested Harvey serve a fully executed 42 months to satisfy the safety of the community and provide “appropriate” accountability based partly on previous assault convictions.

In turn, Harvey’s attorney Gail Engmann requested that Harvey be sentenced to 24 months on the basis of past life trauma as a mitigating factor; but Judge Park said that was too low given Harvey could have de-escalated the altercation.

Judge Park described it as an “egregious” shooting with the evidence showing Harvey enticed the victim to come back.

On release, Harvey will be required to register as a gun offender.

Search