Prosecutors Claim Homicide Victim Was Ambushed and Executed

Parties delivered opening statements before a jury in DC Superior Court Judge Jason Park’s courtroom on May 20.

Joshua Allen, 36, is charged with premeditated first-degree murder while armed, assault with intent to kill while armed, aggravated assault knowingly while armed, three counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, unlawful possession of a firearm with a prior crime of violence, and obstruction of justice.

The charges stem from Allen’s alleged involvement in the fatal shooting of 28-year-old Delonte Johnson on the 4600 block of Hillside Road, SE on June, 11, 2021. There was one surviving victim who sustained gunshot wounds. Allen’s also charged with coercing a key witness to give false testimony during grand jury proceedings.

During the hearing, prosecutors claimed Johnson had “no idea he was being hunted” by Allen, who they argued was waiting for Johnson at the location. “He had no idea that the entire time they were being tracked–hunted,” prosecutors insisted.

Prosecutors stated Johnson and the surviving victim had walked over to “the candy lady’s,” where they said the victims purchased loose cigarettes. When they were walking back to an apartment building, prosecutors claimed, “This was the moment [Allen] waited for. And he shot, and shot, and shot,” and “[the victims] didn’t know they were walking into an ambush.”

According to the prosecution, both victims sustained gunshot wounds to their backs, while Johnson sustained additional wounds to his head, execution style.

“He stood no chance,” prosecutors argued, claiming Allen then sped off from the scene in a car, but crashed his silver Mercedes Benz at Bowen and Ridge Roads, SE. There, prosecutors stated, Allen ran from the scene, leaving his phone in the car, which they stated tracked his location throughout the day, ditching the murder weapon and a hoodie throughout his flight path.

As for the key witness, prosecutors stated she had originally agreed to help Allen with the murder, stating she was would guide him to Johnson.

Prosecutors also said after Allen’s arrest, he sent her a letter instructing her to lie at the grand jury. According to the prosecution, one of the key witness’ best friends had been murdered after Johnson’s killing, and Allen instructed her to blame Johnson’s shooting on him.

After the witness allegedly provided false testimony, she found out Allen had known about her best friend “having a hit out for them,” and failed to warn her. Then, prosecutors claimed, is when she changed her mind and told the truth.

“That was the limit,” they argued, and stated they provided her with immunity as long as she told the truth.

“Allen had such faith in his control [on the witness], he never thought she’d sit here telling the truth,” the prosecutor stated.

Sara Kopecki, Allen’s attorney, told jurors she was “sitting here with Mr. Allen,” and would do so until the end of the trial, where the jury would have to find him not guilty. “Be wary of tunnel vision,” she told jurors, claiming the lead detective from the Metropolitan Police Department (MPD) made up his mind before the investigation was over that Allen was the suspect.

According to the defense, the MPD’s investigation “cut corners and hinders on too many assumptions.”

“[Allen] is not guilty, and he will remain not guilty,” Kopecki asserted.

Parties are slated to reconvene on May 21.

Judge Limits Use of Hug as Motive in Homicide Trial

DC Superior Court Judge Rainey Brandt ruled on May 18 that neither party could reference a hug between a homicide victim and a club manager as a potential motive for murder in trial.

Cotey Wynn, 45, is charged with first-degree premeditated murder while armed, three counts of assault with intent to kill while armed, and four counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 31-year-old Blake Bozeman and injuries to three other victims at the CRU Lounge, on the 1300 block of H Street, on Sept. 23, 2023. Bozeman sustained one gunshot wound to the chest and one to the abdomen.

Before the jury arrived, defense attorney Brian McDaniel said the prosecution’s theory that Wynn’s motive for murder was a hug between Bozeman and the female manager of CRU Lounge was unsupported. McDaniel contended that neither Wynn nor Bozeman had a romantic relationship with the club manager, and that Wynn had no motive or intent to harm anyone at the club.

The prosecution countered that the argument was not relevant to the jury, as they don’t have a burden to prove motive. Judge Brandt agreed the issue should not reach the jury, stating that no one could use the hug in any arguments, clarifying she was not precluding testimony, just placing “guardrails” on it.

After the jury arrived, the prosecution called the head of security at CRU Lounge on the night of the shooting, who testified that he supervised three guards, checked in with servers and bartenders, but did not personally conduct pat downs.

The witness told jurors that Wynn was a regular at the club who some people called the “king of H Street.” His role was to bring good business and favors in exchange for bypassing lines. The witness testified that he was familiar with prior incidents involving Wynn, including one that began inside the club and ended outside.

McDaniel objected to portions of the head of security’s testimony about prior incidents, arguing it was inadmissible hearsay, since the witness had not directly seen any of the incidents occur, only heard about them.

The prosecution argued the defense had opened the door through its cross-examination of the club manager and another security guard, who each testified that Wynn could bypass security and pat downs as a privileged regular.

The prosecution contended this left the misleading impression that Wynn’s special treatment at the club was innocuous, and that testimony about prior incidents involving Wynn was necessary to provide context for why he received that treatment and how it bore on the night of the shooting.

Judge Brandt agreed to permit limited testimony, but ordered that the prosecution stop short of eliciting testimony about a prior incident in which a man was kicked out of the club and returned with a gun.

In McDaniel’s cross-examination, the head of security acknowledged that he had no idea how a gun got into the club the night of the shooting and that there was no evidence Wynn assisted in getting a gun inside.

The witness also confirmed that a tent outside the club obscured video of pat downs, that standards for pat downs varied among guards, and that a back employee entrance had no guard stationed on the day of the incident. He further testified that he observed no prolonged stares between Wynn and Bozeman and saw no bad interaction between the two.

The defense then called the case’s lead Metropolitan Police Department (MPD) homicide detective who testified that he initially believed an SUV captured on video was a getaway vehicle Wynn had brought for the shooter. The detective acknowledged that he was originally mistaken, and the video showed the shooter arriving separately in a black SUV, with no involvement from Wynn in either vehicle. The detective also testified that the shooter reached the vehicle 16 seconds before Wynn crossed in front of him.

Judge Brandt also addressed a defense motion to dismiss the case filed the previous night, which cited the late disclosure of body-worn camera footage not produced until January and the deportation of a witness in the trial: a bouncer working at CRU Lounge the night of the shooting.

The judge declined to grant the dismissal but indicated she wanted to take some action in response, but that would be determined during later proceedings.

The trial is set to resume on May 19.

‘My Strategy is Simple, I’m Innocent,’ Says Vehicular Homicide Defendant Who Wants to Represent Himself

A homicide defendant declared his strategy was his innocence when he asked DC Superior Court Judge Todd Edelman to dismiss his stand-by attorney and allow him to proceed to trial alone in a hearing on May 19.

Kyle Piunti, 37, is charged with second-degree murder while armed and three counts of assault with a dangerous weapon for his alleged involvement in a vehicle crash that resulted in the death of 54-year-old Michael Hamlin. The incident occurred on Jan. 3, 2024 on Highway I-295 southbound around Mile Marker 1.

According to court documents, Piunti was reportedly driving over 100 miles per hour shortly before the crash. The speed limit in the area was 50 miles per hour.

Judge Edelman said he scheduled the hearing to address Piunti’s motion filed on May 5 to dismiss his attorney advisor, Howard McEachern, and proceed without stand-by counsel.

Piunti said McEachern had not spoken with him since his appointment to the case on Feb. 5, despite Piunti’s attempts to reach out to him multiple times. McEachern acted as a “communication barrier” between himself and the prosecutors, argued Piunti.

McEachern agreed that his communication was not at a level that would make Piunti feel comfortable. “My candor to the court,” said McEachern, was that he was on leave for about four weeks and busy with other trials. McEachern said prosecutors sent him evidence that he could deliver to Piunti at the jail in the next week and improve communication.

Judge Edelman understood Piunti’s frustration with stand-by counsel that had not contacted him, but asked whether McEachern’s promise to visit in the next week satisfied Piunti for now, and then parties could revisit the issue if necessary.

Piunti said on prior occasions McEachern did not keep his promise to visit the jail and he preferred if the judge would remove him from the case.

Judge Edelman expressed concern with dismissing McEachern since Piunti’s trial is scheduled to begin on June 29. In addition, the judge said Piunti lost access to computers at the jail because he sent emails to the United States Attorney’s Office (USAO) that violated the Department of Corrections’ (DOC) policies. Without a computer, the judge questioned how Piunti would prepare for trial on his own.

Piunti argued he was “never given rules” with the computers at the jail but the judge said he could not change the situation.

Judge Edelman did not grant Piunti’s motion, asked McEachern to visit the jail and show Piunti the evidence, and said if Piunti’s concerns remain they will schedule a prompt hearing.

“I don’t want him as my attorney,” said Piunti and continued, “I don’t want him anywhere near my case.”

Judge Edelman confirmed with Piunti that he wanted to proceed to trial in about one month without counsel. “The odds are vanishingly small” said Judge Edelman that he could find new stand-by counsel that is available and could prepare for the trial. Judge Edelman emphasized that he had never heard of a defendant in a felony case at trial without an attorney or an advisor next to them. Piunti affirmed his request to proceed alone.

The judge asked the prosecution to voice their position on the issue. The prosecutor requested Judge Edelman order a mental competency screening. To stand trial, Piunti must understand the charges against him and be able to assist in his own defense.

“The guard rails are off” without a defense attorney, asserted the prosecutor and noted Piunti’s attempt to fire his fifth competent attorney, “somewhat erratic behavior,” and “unusual logic” in filings.

Judge Edelman agreed with the prosecutor and said he had his own concerns about Piunti’s mental competency.

“I don’t have to comply in that situation, right,” questioned Piunti. The judge emphasized that if he wants the case to move forward, it’s important for Piunti to comply with the screening. “I’m telling you right now, I’m not going to,” said Piunti.

“My strategy is simple, I’m innocent,” declared Piunti about his trial strategy.

Judge Edelman said Piunti’s repeated interruptions in the hearing and refusal to comply with the competency screening demonstrated why it would be a “disaster” for him to not have an attorney present at trial.

The parties are scheduled to reconvene on May 29 for a mental observation hearing.

‘I Made A Mistake,’ Says Victim About Position of Mass Shooting Suspect

A victim admitted he was mistaken about a murder defendant’s location during a mass shooting after viewing surveillance footage during a trial before DC Superior Court Judge Rainey Brandt on May 14.

Cotey Wynn, 45, is charged with first-degree premeditated murder while armed, three counts of assault with intent to kill while armed, and four counts of possession of a firearm during a crime of violence. The charges stem from his alleged involvement in the fatal shooting of 31-year-old Blake Bozeman and shooting of three surviving victims on Sept. 23, 2023. The incident occurred at CRU Lounge on the 1300 block of H Street, NE.

According to prosecutors, Wynn allegedly aided and abetted the shooter by facilitating his entry into the club with the firearm.

A former security guard at CRU Lounge resumed testimony as a victim in the case. The witness testified that a bullet remains lodged in his chest only centimeters from his carotid artery. He explained doctors advised against surgery because of the risks involved, adding that if his condition worsened, “it’s already too late kind of thing.”

Wynn’s attorney, Brian McDaniel questioned the victim about his role working security at the lounge and his familiarity with Wynn. The witness described Wynn as a “regular” who visited the lounge several times each month and testified they had a “cordial” relationship and never had problems with each other.

McDaniel then focused on the victim’s recollection of the shooting. The victim testified that while wounded on the floor, he looked over his shoulder and initially believed Wynn stood next to the individual in a white cardigan, who the victim said was the shooter.

After viewing surveillance footage, however, the victim acknowledged his recollection was incorrect, “I made a mistake in saying that,” the witness said regarding his prior statement that Wynn stood directly beside the shooter.

On redirect examination, the prosecution asked why the victim previously avoided viewing the surveillance footage. The witness replied, “Stuff is hard to see. It’s hard to see, to sit there and watch yourself.”

The prosecution also called another victim, a postal clerk who testified he was shot twice while at the lounge. The witness stated he underwent security screening before entering the club and did not observe any confrontation before gunfire erupted.

“I remember my body being, I guess, in a state of shock, still not knowing even like what happened or what was really going on,” the witness said.

The victim testified the shooting collapsed his lungs and doctors had to remove his gallbladder and approximately 70 percent of his liver. He said he spent two months hospitalized, was placed in an induced coma, and later had to relear to walk.

The witness also showed the jury scars from his injuries and testified he remains on light duty at the post office.

McDaniel questioned the victim about whether he specifically remembered being patted down that night or relied on his general experiences at the lounge. The witness insisted he distinctly remembered the security check that evening.

The prosecution next called a deputy medical examiner who performed Bozeman’s autopsy on Sept. 24, 2023, and identified two major gunshot wounds to the torso.

According to the expert, one wound entered the right side of the chest, struck the lung and ribs, and left a projectile lodged in Bozeman’s back. A second wound entered above the abdomen and exited through the back after damaging the stomach, pancreas, adrenal gland, aorta–the largest blood vessel in the body–as well as backbones.

While reviewing autopsy photographs and diagrams for the jury, the forensic pathologist testified one gunshot wound showed stippling, in which she described as the kind of the punctate, the little red spots around a gunshot wound which are also referred to as powder tattooing and unburnt gunpowder. She testified that this indicated the shot was fired from close range, potentially within inches, and that the second wound reflected an intermediate firing range of several inches up to approximately three feet.

The analyst concluded the cause of death was multiple gunshot wounds and classified the manner of death as homicide. She explained the injuries caused massive blood loss and “bleeding out.”

The prosecution also called the owner of a nearby smoke shop who testified she had known Wynn for years because he is the father of her cousin.

The business owner identified surveillance footage from inside her business showing her speaking with a man dressed in white, who is the alleged shooter, at 10:48 p. m. According to court documents, the man entered the establishment approximately 62 minutes before the shooting.

According to the witness, the man asked where Wynn was located. Although she was not certain, “either down here or CRU,” she told him, pointing in a direction that included the CRU Lounge and nearby establishments.

Before concluding the day, parties argued over the defense calling the lead detective as a witness.

The prosecution objected to questioning about the detective’s personal “beliefs” about the case during his investigation. They argued that these were subjective theories or speculation about what was happening at a particular “snapshot in time” during his investigation.

The prosecution noted the detective’s initial theories that Wynn arrived at the scene in a specific car and that Wynn was the person who actually had the gun, were irrelevant. “His belief as to that, that’s not relevant,” the prosecution added.

“Their subjective beliefs play no factor in what this jury has to decide,” the prosecution said, adding that “what matters is the facts.”

They contended that unless the defense could prove these beliefs directly led to a specific failure or mistake in the investigation, the detective’s thinking or theory that was then debunked was irrelevant and should not be presented to the jury.

McDaniel argued the defense should be permitted to question the detective about investigative mistakes and the thoroughness of the investigation.

Judge Brandt ruled the defense may question the detective regarding investigative actions and the thoroughness of the case but cautioned both sides to comply with evidentiary rules.

“Do not play fast and loose,” Judge Brandt said.

Parties are scheduled to reconvene on May 18.

One of Two Shooting Co-Defs Rejects ‘Wired’ Plea, Trial Scheduled

Two shooting co-defendants who police say alternated using an assault-style rifle and a Glock Model 30 .45 caliber pistol appeared before DC Superior Court Judge Judith Pipe on May 19 for a pre-trial hearing.

Tyjuan Liggins, 29, is facing a sixteen-count indictment for assault with a dangerous weapon, endangerment with a firearm multiple projectiles, possession of a firearm in a crime of violence, unlawful discharge of a firearm, destruction of property of less than $1,000, unlawful possession of a firearm with a prior conviction of more than one year, two counts of carrying a pistol without a license, two counts of possession of an unregistered firearm and two counts of unlawful possession of ammunition.

Deonte “a.k.a. Baby D” Nolan, 18, is charged in a 15-count indictment for assault with a dangerous weapon,possession of a firearm during a crime of violence, endangerment with a firearm-multiple projectiles, unlawful discharge of a firearm, destruction of property of $1,000 or more, destruction of property of less than $1,000, carrying a pistol without a license, possession of an unregistered firearm and unlawful possession of ammunition.

The pair is accused of shooting at least 13 times in the area of a parking lot on the 1200 block of I Street, SE on Jan. 11. According to a police report,”It was obvious that both subjects know each other and are working together,” based on surveillance footage. The video also purports to show Liggins exchanging fire with occupants of a white Mercedes at the intersection of 12th and I Streets, SE. There were no reports of injuries in the incident.

During the hearing the prosecutor noted that a “wired” plea had been extended to the defendants, meaning that both would have to accept the same terms to resolve the case.

However, Nolan, represented by Diana Yu, declined the offer which would have dropped most of the charges besides assault with a dangerous weapon and carrying a pistol without a license.

Liggins attorney, Matthew Covert, said his client was still interested in a deal and was willing to extend the trial deadline to consider another offer.

Covert argued for Liggins’ release on the grounds that he has family support and would like to attend his five-year-old daughter’s graduation next week. Further, Covert said Liggins could live with his aunt.

Judge Pipe noted that Liggins had a prior gun conviction that was set aside. The prosecutor argued for continued detention given the “concerning nature of the circumstances” and that the shooting occurred outside Liggins home. The judge ruled in favor of detention. Nolan is also being held in the case.

The trial is set for July 7 and the next hearing is scheduled for June 26

Judge Sentences Three Carjacking, Robbery Defendants–Two to Jail, the Third Gets Probation

DC Superior Court Judge Andrea Hertzfeld gave two defendants in a carjacking, robbery case 64 month concurrent sentences but reluctantly released the third suspect on probation in a May 20 hearing.

“I don’t know what I’m supposed to do here,”said Judge Hertzfeld as she considered the fate of Jalen Dyson, 25, convicted with the two others in a crime the judge described as “horrible” and horrendous.”

Dyson was originally charged with robbery while armed. His two co-defendants, Yahshaiyah Enoch, 23, faced a count of armed robbery and Xavier Wall was accused of conspiracy, armed carjacking, possession of a firearm in a crime of violence, robbery while armed, assault to commit robbery while armed and first-degree theft.

According to a police report, on June 23, 2023, officers responded to a robbery call at the Ivy City Motel on the 1600 Block of New York Avenue, NE. The victim said he was following up an Instagram connection he made with a woman the previous day suggesting they meet for a tryst at the motel and sent the woman $120 on a cash app.

However, once in the motel room two men appeared, one pointing a gun at the victim and pistol whipping him in what turned out to be a robbery and a carjacking.

What happened next, said the prosecutor, is that the victim was beaten, stripped naked, hog-tied and $200 was stolen from his wallet. “This could have gone even worse,” she said.

The prosecutor noted this is Wall’s 18th arrest and fifth conviction. “He was the most important cog in the machine,” said the prosecutor. Wall was on probation when the robbery occurred. Surveillance helped police identify the suspects.

The victim didn’t appear but the prosecutor said he felt the perpetrators should face severe punishment for their actions.

Considering their records, the sentencing guidelines for Wall and Enoch were up to 72 months and 32 months, respectively. Dyson could have gone to jail for 28 months.

In contrast to the prosecution’s narrative, Dyson’s attorney, Terrence Austin, said his client was deeply remorseful and was fighting to escape from a troubled background and mental health challenges.

When DC Superior Court Judge Eric Glover found no probable cause that Dyson committed the crime in Nov. of 2023, his case was dismissed.

At that point Dyson went back to school. “That shows recognition. I have agency and the ability to speak for myself,” said Austin on behalf of his client..

An advocate for Dyson addressed the court saying, “The last three years have been a time of transformation.”

However, the case was reopened and in March a Grand Jury indicted Dyson on armed carjacking, robbery and related charges. All three defendants then accepted a prosecution offer to plead guilty.

Fighting back tears, Dyson apologized and said, “I’m not the same person I was in 2023.” He currently works at Frontline Community Services, an agency that provides care to patients with intellectual and developmental disabilities. “They absolutely adore Jalen,” says Austin, who argued for probation.

Wall’s attorney, Carrie Waletz, said his previous arrests were not as serious as the current charges and he doesn’t have a violent record. Citing Wall’s troubled upbringing, she said he wants to be a better father for his five-year-old child. In the DC jail he’s nearing completion of his GED and is learning to be a commercial painter.

Wall also apologized for his actions.

Enoch’s lawyer, John Harvey, said the victim wasn’t lured to the motel. “Unfortunately, the victim thought she met that description.” Harvey described Enoch’s actions as a “cry for help” based on her history of mental illness. He emphasized she’s also working on her GED and wants “to be worthy of the love that now exists in the family.”

In Enoch’s soft-spoken apology, she said she “dreamed to be a better person.”

Acknowledging the challenges facing the defendants, Judge Hertzfeld nonetheless scolded them for committing a “calculated, premeditated [and] horrible offense” against the victim and said the plea deal from the prosecution carried significant benefits.

During the hearing she sentenced Wall and Enoch to 44 months for the robbery charge, a concurrent 20 months for carrying a pistol without a license and three years supervised release..

Judge Hertzfeld rejected a defense effort to invoke the Youth Rehabilitation Act (YRA) which would have given her more flexibility in sentencing and sealed the offenders’ records if they were successful in prison.

Clearly, the judge was struggling to thread the sentencing needle for Dyson. “I don’t doubt for a second you didn’t know what was going to happen,” she mused in considering the 10-to-28 month guideline for Dyson’s offense of attempted conspiracy to commit an act of violence.

“On the other hand, I see the progress you’ve made and the progress you’ve achieved to start over,” said the judge.

Her offer was either do the ten month sentence and be done with it. Or take 28 months suspended and three years supervised release. That’s with the understanding that he will remain employed and seek mental health counseling.

“Talk it over with your lawyer,” said Judge Hertzfeld. After a brief consultation, Dyson took the release option.

“I’m giving you a break, so take advantage of it,” said Judge Hertzfeld. The judge also delayed formally entering Wall’s sentence until he finished his GED at the DC Jail.

No further proceedings were scheduled in the cases.

Homicide Defendant Extradited to DC for 2023 Murder

DC Superior Court Judge Michael Ryan presided over a homicide defendant’s bench warrant return hearing on May 19, during which the suspect was arraigned for a 2023 murder.

Jasson Vasquez Pineda, 29, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 27-year-old Larry Thomas on Aug. 24, 2023 on the 3600 block of 16th Street, NW.

Vasquez Pineda’s mom, Emerita Garcia, 47, was previously charged with first-degree murder while armed for her alleged involvement in the same incident. Prosecutors claimed she helped Vasquez Pineda commit the crime by bringing him a bag, which they argued had the gun which was used to shoot Thomas.

Her case was dismissed without prejudice by the prosecution in the summer of 2024, but it is unclear if they’ll re-open the matter..

Vasquez Pineda was extradited to DC from Georgia, where he was arrested in late April on a bench warrant that was issued in March.

During Vasquez Pineda’s hearing, Camille Wagner, his 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.

Wagner also requested Vasquez Pineda be released, or the court to schedule a detention hearing for parties to argue release.

Judge Ryan and the prosecution stated they did not currently have sufficient information on the case to consider arguments for release.

Parties are slated to reconvene June 10.

Judge Curbs Testimony From FBI Location Expert in Homicide Trial

DC Superior Court Judge Michael Ryan struck some testimony from a Federal Bureau of Investigations (FBI) special agent on May 14 that prosecutors allege tracked a defendant’s whereabouts at the time of a homicide.

D’Andre Montgomery, 20, is charged with conspiracy, premeditated first-degree murder while armed, felony murder while armed with aggravating circumstances, four counts of possession of a firearm during a crime of violence, attempt to commit robbery while armed, assault with intent to kill while armed, unauthorized use of a vehicle during a crime of violence, and carrying a pistol without a license outside a home or business for his alleged involvement in the fatal shooting of 28-year-old Kenneth Barksdale Jr. on Dec. 16, 2023 at the 1200 block of 44th Place, SE. Barksdale sustained multiple gunshot wounds to the abdomen and arms.

Kevin Hider, 20, and Eric Sheffield, 21, also face charges for their alleged involvement in Barksdale’s death but will face separate trials.

The prosecution called a FBI Special Agent and member of the Cellular Analysis Survey Team (CAST), whom the court qualified as an expert in cell site analysis. The agent explained to jurors that cell sites are locations used by carriers to provide service, that call detail records show the date, time, and identifier of a cell site used during a call, and that a phone does not always connect to the closest tower, but rather to the one giving the best signal.

The agent testified that he analyzed records associated with the phone number of Hider and Montgomery’s GPS data provided by the prosecution. Using mapping software, he walked jurors through a series of locations from Dec. 15 and 16, 2023, including Hider’s reported residence, a restaurant called Sarney’s, and the area near the homicide scene. He described instances in which Montgomery’s GPS and Hider’s phone connected to the same cell site, repeatedly using the term “colocated.”

Montgomery’s attorney, Charlotte Gilliland, objected, arguing the testimony was misleading and revisited an earlier ruling from DC Superior Court Judge Judge Dayson that the limitations of cell site analysis needs to be clear. Judge Ryan agreed that the testimony was problematic, finding that the level of accuracy in cell site analysis does not allow for that degree of location specificity.

Instead, Judge Ryan ordered the prosecution to use the language: “the GPS data is within the tower’s cover data, where the phone is most likely to be found.”

When the jury returned, Judge Ryan instructed them that the word “colocation” was stricken from the record, and the testimony that accompanied it should be disregarded.

Direct examination continued with the agent describing additional plot points near the homicide location at 8:06 and 8:07 p. m. on Dec. 16. According to court records, the murder allegedly occurred at 8:08 p. m. on Dec. 16. A series of five calls also connected between 10:01 p. m. and 12:01 a. m. on Dec. 16 and 17, which was consistent with the Montgomery GPS and Hider’s phone being close to one another.

In Gilliland’s cross-examination, the CAST agent acknowledged that he had only reviewed Hider’s phone records, not Montgomery’s, and that cell site analysis connects a phone to a tower rather than a specific address. Gilliland emphasized that the prosecution had provided all of Montgomery’s GPS data to the FBI.

Gilliland also confirmed with the agent that there was a lack of representation of cell tower reach in the prosecution’s exhibits and that there were many other overlapping cell sites in the regions they were found. He also testified that no cell site information suggested Montgomery’s phone was present when a Chevy Malibu was stolen from the 3200 block of O Street, SE on Dec. 15, 2023, the vehicle prosecutors allege the defendants drove to the homicide scene the following night.

According to court documents, ballistics casings recovered from inside the stolen Malibu were later linked to casings from the homicide scene, and Montgomery’s GPS ankle monitor allegedly placed him near the site of the theft at the time it occurred.

On redirect, the agent told jurors that the absence of data does not mean a phone was not in a given location, and that it is common for the prosecution to provide the locations he plots.

The prosecution also called a patrol officer from the Metropolitan Police Department (MPD), who was recalled to testify about firearms recovered during the investigation. The officer told jurors that five firearms were located in connection with the case, and that three people were arrested on the night of the shooting.

On cross-examination, Gilliland emphasized that the prosecution had not asked the officer about the firearms during her previous testimony, and had not informed her that she would be recalled.

The prosecution then established that all of the evidence the officer testified about existed before her prior appearance, and that they were not attempting to hide evidence.

The trial is set to resume on May 18.

Judge Finds Probable Cause That Teen Fatally Shot Friend After Stolen Gun Dispute

DC Superior Court Judge Todd Edelman found probable cause and denied release on May 13 for a defendant accused of fatally shooting his friend because of a stolen gun.

Treshawn Herndon, 18, is charged with first-degree premeditated murder while armed for his alleged involvement in the fatal shooting of 18-year-old Raymond Washington on June 30, 2024 on the 700 block of Marietta Place, NW. Washington died from a gunshot wound to his back.

Byron Sneed, 41, is charged with first-degree murder while armed in a drive-by or random shooting for his alleged involvement as the getaway driver.

At Herndon’s preliminary hearing, the prosecution called the lead Metropolitan Police Department (MPD) detective on the case and played video footage. The first video, the detective said, showed Herndon, Washington, an unidentified juvenile suspect, and an eyewitness in the hallway inside Herndon’s residence at the time, on the 5500 block of Illinois Avenue, NW.

The detective said he learned in his investigation that the video showed a fight between Herndon and Washington, reportedly over a gun. Herndon’s relative told the detective that Herndon called them and said Washington stole his gun.

Then, the detective said, the video showed Washington allegedly run down the hallway and Herndon run after him, followed by the juvenile suspect and eyewitness. A short time later, the detective said video showed Herndon and the juvenile suspect returning to Herndon’s residence.

In another video, the detective said Herndon and the juvenile suspect entered the suspect vehicle, allegedly driven by Sneed. According to the detective, both suspects reportedly sat on the passenger side, Herndon in the front seat and the juvenile in the back.

The detective noted that in multiple videos, the eyewitness walked several steps ahead of Washington prior to the shooting, significant because Washington sustained a single gunshot wound to his back.

In a different video, Washington and the eyewitness run into view, followed by the suspect vehicle. The detective noted the vehicle’s front passenger window was down and the rear passenger window was up. Although there’s no video footage of the shooting itself, according to the detective’s theory of the case, Herndon allegedly fired the fatal shot from the front passenger window.

Video footage then showed the eyewitness run down the street and jump over bushes into a yard on the 5700 block of 7th Street, NW.

The detective described video footage of the suspect vehicle driving down 7th Street, making a U-turn, and heading back towards where Washington’s body was found. The suspect vehicle stopped on the video, the juvenile suspect exited the vehicle, went in the direction of Washington’s body, and then returned to the vehicle. The footage then showed the vehicle drop the suspects off and then they returned to Herndon’s reported residence.

In cross-examination, Herndon’s attorney, Carrie Weletz, confirmed with the detective that there was no video of the actual shooting and witness accounts of what occurred varied. Weletz noted two witnesses told the detective Washington was injured and then pushed out of the vehicle and two said Washington was chased. In addition, one witness also said they saw someone standing over Washington with a gun.

The eyewitness was the only person who said shots were fired out of a car, noted Weletz, and emphasized that he fled the shooting and jumped over a bush, had open criminal cases, and was forthcoming with information. The detective clarified that the eyewitness was comfortable relating the narrative of events but not naming the suspects.

Weletz also noted that Herndon and Washington were friends and the detective had no information about fights between them prior to the day of the shooting. In addition, no firearm was recovered.

The prosecutor clarified with the detective that there was no evidence to suggest Washington was dropped from the vehicle and no indication of anyone chasing him.

After the detective finished his testimony, Weletz argued there was no probable cause and claimed the detective’s testimony synthesized the holes in the evidence. The video footage had a blindspot when the actual shooting occurred and there was no forensic, video, or witness that identified Herndon as the person in the car who shot from the passenger seat.

Weletz emphasized the witnesses “wildly different accounts” of what occurred and said no witness, including the eyewitness, identified Herndon as the shooter or said he was involved. Weletz argued it was “wild assumptions” to believe Herndon was in the suspect vehicle and shot out of it.

Judge Edelman noted the low standard and found probable cause for the charge against Herndon. The judge noted the significant evidence of a fight between Herndon and Washington a short time prior at Herndon’s residence.

Judge Edelman said, “The video [in Herndon’s residence] is enough to establish his identity.” Herndon entered the suspect vehicle and a shooting occurred shortly after with the only window down where he was seated. The bullets found in the vehicle likely matched the ones used in the shooting.

Although Judge Edelman agreed with Weletz that the evidence was inferential, he concluded the only way the shooting could have happened was from that car. The other witness accounts are contradicted by video footage, not corroborated, said the judge.

Weletz then asked for Herndon’s release on home confinement with an exception for him to attend and complete high school. According to Weletz, Herndon would live with his godmother, had no adult criminal history, and the prosecution overstated their case. The case lacked physical evidence, was purely circumstantial, and had varying witness accounts, argued Weletz.

The prosecutor requested Herndon remain held because “If you’re willing to kill a friend,” then there is significant risk to the community at large. The case showed Herndon’s easy access to firearms, argued the prosecutor, because his gun was stolen and he quickly retrieved another one used in the murder. They added that the firearm used in the case was not recovered and potentially still accessible to Herndon.

Judge Edelman denied Herndon’s release because of the nature and circumstances of the incident. Herndon apparently had property taken from him and his response was violent and deadly, said the judge. It was “entirely premeditated,” said Judge Edelman, and although the case is circumstantial and inferential, it is fairly strong.

The parties are scheduled to reconvene on Sept. 11 before DC Superior Court Judge Michael Ryan.

Jury Convicts Homicide Defendant of Alley Shooting After 1-Month Trial

A jury convicted a homicide defendant on a lesser-included offense of second-degree murder before DC Superior Court Judge Danya Dayson on May 12.

Jamil Whitley, 38, was initially charged with first-degree murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm with a prior conviction greater than a year for his involvement in the fatal shooting of 32-year-old Kevin Redd on June 11, 2020 on the 4700 block of Jay Street, NE. Redd sustained three gunshot wounds to his shoulder, chest, and forearm.

After approximately eight days of deliberations, the jury unanimously found Whitley not guilty of first-degree murder, but guilty of second-degree murder while armed. The jury also found Whitley guilty of the remaining three counts.

Whitley’s trial began on April 2. Throughout, the prosecution attempted to prove that Whitley and Redd met at a Shell gas station on the 4300 block of Nannie Helen Burroughs Avenue, NE. The prosecution claimed Whitley returned minutes later in a different car, with a mask on, and alone. Redd entered Whitley’s car and they drove to a nearby alley, where Whitley shot and killed Redd.

Whitley’s attorneys, Madalyn Harvey and James Brockway, argued their client was not guilty but that he sold Redd marijuana, dropped him off, and then heard gunshots. The defense also noted investigators did not collect sufficient evidence from the crime scene and the lead detective failed to follow up with potential witnesses.

Whitley’s sentencing is scheduled for July 17.

Court of Appeals Requires Judge to Reconsider Shooting Defendant’s Motion to Withdraw Guilty Plea

The prosecution told DC Superior Court Judge Todd Edelman on May 19 that they will not oppose a shooting defendant’s withdrawal of his guilty plea following a mandate from the DC Court of Appeals.

Alvin Jackson, 32, was initially charged with conspiracy while armed, three counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, and three counts of criminal street gang affiliation for his alleged involvement in a non-fatal shooting that injured three people on May 2, 2020 on the 5000 block of H Street, SE.

In a separate case, Jackson was charged with aggravated assault knowingly while armed for his alleged involvement in a stabbing at the DC Jail on the 1900 block of D Street, SE on Aug. 5, 2022.

Jackson pleaded guilty on April 20, 2023 to assault with intent to kill while armed in the shooting case and assault with a dangerous weapon in the stabbing case. Then, on Dec. 19, 2023, DC Superior Court Judge Anthony Epstein sentenced Jackson to a total of 12 years of imprisonment for both charges, followed by five years of supervised release.

A mandate from the DC Court of Appeals filed on March 13, vacated Judge Epstein’s prior ruling and ordered the trial court to reassess whether Jackson could withdraw his plea.

According to the Court of Appeals ruling, Jackson’s former attorney, Euphus Belu-John, incorrectly said he could talk the judge down to an eight-year sentence, despite the plea agreement requiring a 12-year sentence. The mandate stated that Judge Epstein found Belu-John made these statements but denied the motion because Jackson did not demonstrate the incorrect advice caused him to accept the plea offer.

However, the appellate court declared Judge Epstein misinterpreted the factors considered in a motion to withdraw a guilty plea. The law does not require Jackson to demonstrate that his ineffective counsel prompted his guilty plea.

At the hearing, the prosecutor said they will not oppose Jackson’s withdrawal of his guilty plea.

Steven Kiersh, Jackson’s current attorney, informed parties that Jackson was not present because he was in custody of the Federal Bureau of Prisons (BOP). As a result, parties scheduled a new hearing to allow time for Jackson’s transfer back to DC.

The parties are scheduled to reconvene on July 17.

‘This is a Total Joke,’ Says Judge of Delayed Prosecution for Shooting

DC Superior Court Judge Judith Pipe scolded the prosecution for its handling of a case that has ricocheted among three judges since last September. The judge seemed incredulous that prosecutors still hadn’t figured out if they wanted to try the defendant on May 18.

“This is a total joke,” said Pipe.

Alonzo Hinton, 39, is charged with simple assault and possession of a prohibited weapon for his alleged involvement in a non-fatal shooting on Sept. 20, 2025 on the 100 block of Atlantic Street, SE. No injuries were reported. The issue arose from an argument over payment for a pair of pants.

“This case has gotten kicked around,” said Judge Pipe and she said prosecutors were close to violating Hinton’s right to a speedy trial. “It seems like someone dropped the ball,” she continued, insisting the prosecution clarify its intent in a case that’s now been downgraded to a misdemeanor from an original felony charge.

“This is very demandable,” said Judge Pipe regarding a jury trial. Ultimately, the prosecutor agreed to a date of Aug. 13 without explaining why the case had been in limbo.

However, the prosecutor was opposed to Hinton’s continued pre-trial release. He said that Hinton had failed to comply with reporting requirements.

Defense attorney Ferguson Evans argued that HInton should stay on release since the issue was a stay-away order and work out the terms with his case manager.

Judge Pipe agreed to continue Hinton’s release and she had some final harsh words for the prosecutor.

“If the government is not ready, I will dismiss the case,” said Judge Pipe.

The next hearing on the case is scheduled for July 10.

‘Miraculous That I Made it Out’ of Deadly Mass Shooting, Says Wounded Victim

A surviving victim described his “miraculous” survival after being shot four times in his testimony during a homicide trial before DC Superior Court Judge Rainey Brandt on May 13.

Cotey Wynn, 45, is charged with first-degree premeditated murder while armed, three counts of assault with intent to kill while armed, and four counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 31-year-old Blake Bozeman and as well as three surviving victims. The incident occurred on Sept. 23, 2023, at CRU Lounge on the 1300 block of H Street, NE.

According to prosecutors, Wynn allegedly aided and abetted the shooter by facilitating his entry into the club with a firearm.

At trial, the prosecution presented testimony from a surviving victim, former CRU Lounge employees, a security guard, and a first-responding Metropolitan Police Department (MPD) officer in an effort to establish the events leading up to the shooting and its aftermath.

A surviving victim and a security guard at CRU, testified he was preparing to leave the club to pick up his girlfriend from the airport when he saw a “flash” and felt multiple gunshots. He described the shooter as wearing “an open white cardigan,” and detailing “off-white cream, eggshell, some shade of white.”

He testified that he sustained injuries to his spine, a broken scapula, and a broken elbow. The witness said a bullet remained lodged in his neck because doctors determined removal would be too dangerous.

During testimony about the aftermath of the shooting, the surviving victim described lying on the floor while hearing another victim scream. He testified that he saw what appeared to be a “lifeless body” nearby and heard a young woman say she had been shot in the neck.

The witness described the scene after the shooting as “just chaos.”

The surviving victim described the physical and financial toll of his injuries. “I was shot four times and it’s miraculous that I made it out,” the surviving victim said. He testified that he returned to work approximately two weeks after the shooting because he feared his car would be repossessed.

The surviving victim also testified that he discharged himself from the hospital on the third day because he could not afford the medical expenses associated with a longer stay.

“It’s a cold world, but it’s always going to keep spinning,” the victim said.

The witness also recalled thinking, “He’s just going to shoot me while I’m down,” after collapsing to the floor as gunfire continued.

Due to time constraints, the victim’s testimony will resume the next day of trial.

Before witness testimony began, parties discussed the limits of witness testimony related to surveillance footage shown to jurors. Judge Brandt emphasized that security guards should not narrate videos or speculate on what was in someone else’s mind. “None of you should be narrating videos about things that you weren’t there to participate in,” Judge Brandt said.

Then, the prosecution called a former lounge manager who testified about the layout of the establishment and Wynn’s status as a regular patron. The witness said Wynn frequently arranged reservations through staff and was accommodated even when the club was full.

Wynn’s attorney, Brian McDaniel questioned the former lounge manager about her dual role at the establishment, confirming she worked both as a general manager and in IT. McDaniel also asked whether the establishment was considered a more intimate lounge or a high-energy club, to which the witness responded, “that’s still in the air.”

McDaniel showed surveillance footage from the night of the shooting and highlighted that Wynn was seated beside the former lounge manager smoking from a hookah. The witness also confirmed that Wynn flirted with her, but she testified she rejected his advances. McDaniel further pointed out a security guard shown in the footage, which the witness confirmed was one of the surviving victims who was shot that night.

McDaniel also asked whether the witness was aware of any conflict between Wynn and the security guard who was shot. She testified she was not aware of any problems between them and further mentioned she was not responsible for security staffing the night of the shooting.

The prosecution then presented testimony from a former bottle server who identified Wynn in surveillance footage from the night of the shooting. The witness testified that Wynn regularly contacted her personal cell phone to arrange reservations and often received discounts on bottles with management approval.

McDaniel questioned the witness about Wynn’s frequent visits to the club and confirmed that Wynn regularly contacted her directly to arrange accommodations. The former server testified she earned approximately 18 percent gratuity on bottle sales and stated premium bottles ranged between 300 and 400 dollars.

The witness also testified she frequently served Wynn and confirmed he never skipped out on any debt. She additionally said Wynn often received discounts on bottles, but management or ownership approval was required before discounts were applied.

As testimony continued, another security guard described the shooting as a “traumatic experience” and demonstrated the club’s pat-down procedures for jurors. The witness testified that security personnel were not instructed to conduct pat-downs on Wynn or his associates because he was widely accepted at the establishment.

McDaniel queried the security guard about the trauma he experienced following the shooting and whether it affected his memory. The witness acknowledged he had “patches” in his memory and confirmed surveillance footage was used to refresh his recollection during prior grand jury testimony in October 2025.

McDaniel also asked about Wynn’s status as a regular customer at the club. The witness agreed it was common for security staff to greet Wynn with handshakes when he arrived. McDaniel further questioned whether security procedures became “less thorough” when regular patrons briefly left and reentered the club. The witness agreed that searches of regular patrons could be less thorough upon reentry.

The security guard also confirmed he never saw Wynn return to the club with anyone visibly carrying a firearm.

The prosecution also called a first-responding Metropolitan Police Department (MPD) officer who testified about arriving at the lounge and securing the second floor after the shooting. In body-worn camera footage presented to jurors, the officer signaled for three ambulances with his fingers after locating three victims upstairs, according to his testimony.

During cross-examination, McDaniel asked the officer about his response upon reaching the second floor of the lounge.

The officer testified that his first command was “everybody out,” which was heard in a body-worn camera video shown to the jurors. The officer explained that he cleared the area for safety purposes and to allow emergency personnel to provide medical treatment.

Parties are scheduled to reconvene on May 14 to resume the trial.

Domestic Violence Stabbing Defendant Receives Suspended Sentence

DC Superior Court Judge Andrea Hertzfeld imposed a suspended and probationary sentence on a defendant who stabbed his child’s mother, on May 18.

On March 17, Mark Henry, 38, pleaded guilty to attempted assault with a dangerous weapon for his involvement in the stabbing of his daughter’s mother on Nov. 10, 2025 at the intersection of Sycamore and Oak Drives, SE. The woman sustained injuries to her under arm.

During the hearing, the victim told Judge Hertzfeld “he doesn’t need the maximum [sentence],” stating the aftermath of the incident has affected their daughter more than anything. She requested Judge Hertzfeld be lenient on Henry.

The victim added she wants Henry to understand the trauma he’s put them through.

The prosecution asked for a sentence of 16 months, with all but 10 months suspended, and probation. They also requested he be ordered to undergo a domestic violence intervention program and anger management, and stay away from the victim.

Henry’s attorney, Tonya Harris, stated he recognizes the seriousness of his conduct and the injuries he caused. According to Harris, the thing he’s most concerned about is the impact this will have on their daughter in the long term.

Harris requested Judge Hertzfeld impose a 24 month sentence, with all but six months suspended. Harris stated they had established a plan for him to participate in drug rehabilitation, vocational training in a sterile processing technician program, and psychiatric work to improve his mental health issues. Harris stated Henry hopes to start rebuilding his relationship with his daughter.

Henry stated he was sorry for injuring “the love of my life for 16 years,” and negatively impacting his daughter. He expressed regret for missing her first year of high school.

“Wow, she’s at a time where she really needs you,” Judge Hertzfeld stated.

“I’m just heartbroken that I broke every woman in my family’s heart.” He added the mistake was “unquantifiable.”

Judge Hertzfeld told Henry “it’s going to take some time to fix some of what you’ve done,” adding, “you aren’t doing your family any good sitting here in front of me. It’s not too late to make a change.”

She imposed a 24 month sentence, suspended as to all but six months, with credit for time served. She also imposed 18 months of probation, during which she will consistently check on him.

She ordered him to be on home confinement and GPS monitoring for the first three months, allowing him to leave for treatment and court. He must undergo all the programs the defense requested.

“You’ve got 18 months hanging over your head,” Judge Hertzfeld told Henry, stating he should view it as an incentive to ensure he stays in compliance with the release plan.

Parties are returning Aug. 17 to check in on Henry’s progress in probation.

Judge Re-Orders Mental Evaluation for Stabbing Defendant

DC Superior Court Judge Andrea Hertzfeld re-ordered mental health evaluation for a stabbing defendant on May 18.

Edward Cowser, 46, is charged with assault with significant bodily injury while armed and assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on May 8 at a gas station on the 3000 block of Martin Luther King Jr. Avenue, SE. One individual sustained injuries during the incident.

During the hearing, Judge Hertzfeld alerted the parties she had received a report from the Department of Behavioral Health (DBH) stating Cowser had refused to participate in the evaluation DC Superior Court Judge Dorsey Jones had ordered on May 12.

Anthony Dimillo, Cowser’s attorney, alerted Judge Hertzfeld his refusal had been a miscommunication between correctional officers and Cowser.

Judge Hertzfeld reminded Cowser it is important for him to participate in the evaluation in order for the case to progress. In order for a defendant to stand trial, he must be mentally compentent enough to understand the charges against him and assist his attorney.

She re-ordered the evaluation.

Parties are slated to reconvene May 21.

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