Jury Speedily Acquits Shooting Defendant of All Charges

A jury acquitted a shooting defendant not of all nine charges on Oct. 14, on the same day as closing arguments before DC Superior Court Judge Neal Kravitz.

Daquawn Lubin, 30, was charged with conspiracy, two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury while armed, and four counts of possession of a firearm during a crime of violence, for his alleged involvement in the non-fatal shooting of two victims.

The incident occurred on the 4600 block of Benning Road, SE, on July 24, 2023.

On Oct. 9, Judge Kravitz granted Lubin’s motion for judgment of acquittal in regards to the carrying a pistol outside a home or business and the possession of a prohibited weapon charges.

During closing arguments, the prosecution argued that Lubin and his ex-codefendant Jonathan Young, 35, shot two men in retaliation for being asked to leave an apartment belonging to one of the victim’s now ex-girlfriend.

According to the prosecution, Lubin and Young along with two other guests were hanging out in one of the victim’s ex-girlfriend’s apartment. While they were at the apartment, one of the victims came over to talk to his then-girlfriend about their relationship and kicked out her guests, including Lubin and Young.

The victim claimed that the vibe from the group “threw him off.” In response, the victim called his godfather, who was the other victim in the shooting.

Surveillance footage in the apartment complex showed Lubin, Young, and the two other guests leaving one of the victim’s ex-girlfriend’s apartment around the time the victim came over. The individual that the prosecution claims was Lubin was seen wearing a teal Plant Burger T-shirt and Young was seen wearing a black T-shirt and grey sweatpants.

Surveillance footage also showed Lubin and Young in the apartment complex parking lot circling a red Hyundai, which belonged to Lubin, for a period of time and then driving off, according to the prosecution.

About an hour later, two suspects were caught on surveillance footage in the same parking lot wearing black hoodies and ski masks as they huddled behind vehicles in possession of firearms.

The two suspects fired gunshots at the two victims as they entered the parking lot.

“How do we know Lubin was involved?” the prosecution asked.

The prosecution argued that although the red Hyundai was not in the apartment complex parking lot when the shooting occurred, GPS data showed that it was in the vicinity of the 4600 block of Benning Road and argued that Lubin and Young traveled by foot to the apartment complex.

Additionally, the prosecution argued that although the suspects were wearing black hoodies during the time of the shooting, the shooter was wearing the same distressed jeans and sneakers that Lubin was wearing in the earlier surveillance footage and grey sweatpants that Young was wearing.

Defense attorney Kevin O’Sullivan argued that Lubin had no involvement in the shooting.

First, O’Sullivan argued that Lubin wasn’t upset when told to leave the apartment by one of the victims. In fact, no fight, argument, or eye-communication took place, O’Sullivan emphasized.

Additionally, O’Sullivan stated, “a lot of stuff was missing” in regards to the prosecution’s evidence.

Surveillance footage also showed the two victims leaving the apartment, and they were casually walking, not displaying any signs of fear, concern, or tension, according to O’Sullivan. However, the prosecution did not show this footage in court.

Metropolitan Police Department (MPD) officers spoke with an eyewitness who was able to get a description of the suspects, according to O’Sullivan. The eyewitness said that the suspects had dreadlocks, which Lubin did not have. O’Sullivan explained that the prosecution played this interview in court without any audio.

In reference to Lubin’s clothing, O’Sullivan argued that distressed jeans are commonly worn in DC. He noted that in the surveillance footage which showed Lubin and Young leaving the apartment, Lubin’s jeans had one distressed mark on them. However, the shooter had two distressed marks on their jeans.

O’Sullivan also argued that the prosecution did not mention the point about Lubin’s clothing in their opening statements.

Additionally, when a search warrant was conducted in Lubin’s apartment and vehicle, no black hoodie, ski mask, or firearm was found that could have connected him to the description of the shooters, according to O’Sullivan.

O’Sullivan also noted that the prosecution never called in the lead detective in this case to testify.

The prosecution also never called in the two other guests that were in the apartment with Lubin and Young to testify.

O’Sullivan stated, “the prosecution is just trying to throw whatever they can” against Lubin.

Following closing arguments, the jury was dismissed for deliberations and returned the verdict by the end of the day.

The jury acquitted him of all charges.

No further dates have been set at this time.

Judge Denies Officer Stabbing Defendant’s Motion for Self-Representation

A defense attorney’s impromptu explanation to the court that his client wished to represent himself in a stabbing case got a chilly reception before DC Superior Court Justice Michael Ryan on Oct. 9.

Ovid Gabriel, 20, is charged with assault with intent to kill while armed and assault on a police officer for his alleged involvement in a stabbing at the DC Jail on Aug. 3. One officer was injured during the incident.

According to court documents, Gabriel allegedly stabbed the officer nine times after he was ordered into his cell by the officer.

Reading from folded up notebook papers Gabriel brought with him to court, Gabriel’s defense attorney Raymond Jones announced that Gabriel wished to represent himself. Judge Ryan stopped Jones in his tracks before he could read more from Gabriel’s notes.

“I think that [the motions] will need to come through you Mr. Jones,” Judge Ryan said.

Judge Ryan added that should Gabriel choose to represent himself, the parties must meet in a formal process to go over Gabriel’s rights and review elements of the case. Gabriel is already representing himself for a separate assault on a police officer incident from 2024.

Jones complicated matters further when he informed Judge Ryan that he and prosecutors were working out the final details in a plea agreement.

“We were still discussing plea negotiations and we were at a point where we were almost in agreement,” Jones said.

Judge Ryan informed Gabriel that working out a plea agreement with prosecutors as his own representative posed enormous challenges and urged Jones to speak with Gabriel about the issue. Jones said that he would speak more with Gabriel about the effect self-representation might have on his ability to negotiate a plea deal.

Parties are slated to reconvene Nov. 14.

Defense Calls Prosecution’s Argument, ‘Impressive’ if True

One charge was dropped and a witness was questioned in a trial before DC Superior Court Judge Todd Edelman on Oct. 8.

Maurice Felder, 54, is charged with assault with intent to kill while armed, assault with a dangerous weapon, assault with significant bodily injury while armed and possession of a prohibited weapon for his alleged involvement in a stabbing on the 1900 block of 7th Street, NW on Nov. 10, 2024. One individual suffered a stab to the chest.

Felder was previously charged with aggravated assault knowingly while armed. The prosecution dismissed the charge prior to the jury trial, though they did not state why.

During opening statements, the prosecution described the victim and his group of friends, claiming that the victim was “the smart one.” He stated that while the group was walking home from a night out, they passed by Felder. Someone in the group made an off-handed remark about him, which allegedly prompted Felder to follow them even though they didn’t know each other.

The prosecution claimed that a small fight broke out among Felder and the victim’s friends and that the victim tried to step in to deescalate the conflict, but that Felder didn’t back down. He claimed that Felder swung a knife at the victim, stabbing him in the chest. He argued that the victim’s thick jacket is the only reason he is still alive.

The prosecution also noted that a knife police recovered from Felder upon his arrest most probably had the victim’s DNA on it.

The prosecution said that they had a video of the incident from one of the victim’s friends, and that it would clearly show Felder as the perpetrator.

Matthew Rist, Felder’s attorney, insisted the prosecution’s opening statements would have been impressive “if anything they said was true.” Rist argued that, since the incident occurred on the victim’s 21st birthday, he could have been drunk. He said the victim tested positive for marijuana while in the hospital.

Rist said he was glad the incident was caught on video, as he believed it could depict the incident as an act of self-defense. He argued that, in the video, the victim’s friends provoked Felder repeatedly, urging another friend to join in, and that what the prosecution claimed was the victim telling Felder to “calm down” was, in reality, an “unintelligible high-pitched noise.”

Rist argued that the group was trying to incite Felder and that the things they were saying could’ve sounded threatening. “The force [Felder] used was not greater than the threat he faced that night […] it was three against one.”

Rist also noted that the victim’s jacket was open during the stabbing and that the wound was only one centimeter deep and two wide, which would not be life-threatening as the prosecution made it seem.

The prosecution called the officer who arrested Felder who testified he was patrolling the area near the incident when he was flagged down by a group regarding a stabbing.

At the hospital, the officer said he spoke to the friends of the victim and saw the video they recorded of the incident. He used the video to identify the suspect by his sports-themed hat and scarf. He said he recognized the man in the video as someone he saw while patrolling, and described him to other officers in the area.

The prosecution also showed a photo from the officer’s camera of him and another officer arresting Felder. In the photo, the defendant is wearing a similar hat and scarf that the officer previously identified.

The officer stated that they collected three items from Felder when they arrested him–the hat, the scarf, and a knife. The officer said he sent the knife to be swabbed for DNA to see if anything came up. He reported that DNA matching the victim was probably on the knife.

Due to time constraints, Rist did not cross-examine the officer; however, once he and the jury left, Rist raised concerns regarding outstanding complaints against the officer–the majority related to cases where the officer’s body-worn camera was turned off, and one was for excessive force which, Rist said, was sustained. Another complaint against the policeman was dismissed before trial.

As a result of the issues, Rist challenged the officer’s credibility as a witness.

Judge Edelman chose not to rule on the matter during the hearing

Parties are slated to reconvene Oct. 9.

‘You Have a Big Cheerleader in Me,’ Judge Says While Warning Probation Violator

DC Superior Court Judge Rainey Brandt renewed an order for outpatient substance abuse treatment for a defendant on probation during an Oct. 10 hearing, despite continuously testing positive for alcohol and drug use.

On Feb. 23, 2022, William Johnson, 42, pleaded guilty to assault with intent to kill for his involvement in a stabbing incident on the 2700 block of Langston Place, SE, on Dec. 23, 2021.

He was sentenced to five-and-a-half years of imprisonment, with one-and-a-half of those years suspended, two years of probation and three years of supervised release.

During a hearing discussing his probation status on Oct. 10, a report from the Court Services and Offender Supervision Agency (CSOSA) showed that Johnson violated his probation multiple times due to testing positive for alcohol and drugs, including cocaine. As part of his probation, Johnson was ordered to participate in an out-patient substance abuse program that required abstinence.

A Correctional Safety Officer (CSO) from CSOSA who monitors Johnson’s case testified that Johnson was terminated from the program because of substance use and he would now have to restart the entire out-patient care process.

The CSO also explained that Johnson missed one of his appointments because he chose to report to his place of employment instead.

The prosecution, agreeing with the request of the CSO, asked that Judge Brandt require in-patient treatment, which would commit Johnson to an institution.

At the last hearing, the prosecution emphasized to Johnson that alcohol was prohibited, showing that he was in defiance of the court. The judge also condemned him for not attending his most recent appointment.

“Not coming to the appointment is the wrong choice,” the prosecution said. “Him having alcohol is what puts the community in danger.”

Defense attorney Wole Falodun said Johnson is not dangerous to the community because he has not incurred additional charges and continues to show up to his appointments and court hearings despite his alcohol usage.

“He is working; he is a plus to the community,” Falodun said. “With respect to the missed appointment, he had to choose between the appointment and his livelihood. He has got to feed himself.”

Falodun also argued that Johnson is diagnosed with substance addiction and that he is struggling with his condition. He argued that the court should not view the recovery process as linear.

As Judge Brandt began to deliver her ruling, Johnson began to cry. Judge Brandt comforted Johnson with words of encouragement.

“Lets not cry, I’m not going to, spoil alert, I’m not going to push you back,” Judge Brandt said, referring to in-patient treatment. “You have a big cheerleader in me.”

While she was sympathetic to Johnson’s addiction, Judge Brandt also made sure that this renewal of an out-patient order would be the last.

“But we are going to hit a wall where I’m not going to be able to not send you to in-patient treatment,” Judge Brandt said. “We are hitting the reset button but this is the last reset.”

Parties are slated to reconvene Nov. 21.

Judge Orders Mental Evaluation for Mass Stabbing Defendant

DC Superior Court Judge Rainey Brandt ordered a full mental competency exam for a defendant in a mass stabbing on Oct. 10, after an initial examination came back as inconclusive.

Kevin Andrade, 34, is charged with six counts of assault with intent to kill while armed for his alleged involvement in the mass stabbing of six victims on the 1200 block of Meigs Place, NE, on April 3, 2025.

According to court documents, one of the victims has a prior relationship with the defendant while the others were not acquainted with him. All victims were transferred to a hospital to be treated for their injuries and have since recovered.

During the hearing, Judge Brandt said the results from the initial mental examination were inconclusive. Given the situation, defense attorney Steven Kiersh asked Judge Brandt to order a full evaluation to determine whether Andrade is mentally competent to stand trial–meaning he must understand the charges and be able to help his attorney.

Following the evaluating psychiatrist’s recommendation, Judge Brandt ordered an additional assessment.

For unknown reasons Andrade was not transported from the DC Jail to the courtroom for the hearing.

Kiersh waived the defendant’s right to appear with the condition that scheduling additional pre-trial hearings be a primary topic for consideration.

Parties are slated to reconvene on Nov. 13.

Judge Won’t Let Unescorted Homicide Defendant Attend Mother’s Funeral

DC Superior Court Judge Danya Dayson denied a homicide defendant’s release to attend his mother’s funeral in an Oct. 9 hearing because he wouldn’t have an escort.

Stephen Herring, 25, is charged with first-degree premeditated murder while armed and carrying a dangerous weapon outside of a home or business for his alleged involvement in the fatal stabbing of 30-year-old Marcus Thurman on the 100 block of M Street, NE, on Aug. 22, 2023.

During the hearing, the defense notified the court that Herring’s mother had passed away and requested that Herring be temporarily released so that he could attend the funeral.

Judge Dayson denied the motion, stating that she wasn’t prepared to release the defendant without an escort, given the nature of the charges and his history of not following court orders.

When defense attorney Joseph Yarbough asked why the Department of Corrections (DoC) wouldn’t provide a transport option, given that the funeral was for Herring’s mother, Judge Dayson told Yarbough that the DOC was experiencing staffing issues.

She noted that they had been experiencing shortages in the past few years, and that the “hiring freeze” in the last budget cycle was also impacting DoC staffing.

A DoC officer, appearing online, agreed that the DoC has “critically low staffing numbers” and is struggling to provide escorts to hospitals, let alone funerals. He told Yarbough that they would likely be able to set up remote access to the funeral.

Parties are set to reconvene on Oct. 24.

Judge Declares Defendant Mentally Competent, Remains Detained

A shooting defendant was found mentally competent to stand trial on Oct. 8 before DC Superior Judge Carmen McClean.

Roasu Johnson, 35, is charged with endangerment with a firearm in a public place, unlawful possession of a firearm with a prior conviction greater than a year, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in a shooting that took place on the 900 block of Kennedy Street, NW, on Aug. 6. No injuries were reported.

At the arraignment, the court addressed the results of a mental health observation for Johnson. The defense confirmed it had reviewed the behavioral health documents and raised no objections. The judge ruled that Johnson is competent to stand trial, consistent with findings in three other related cases involving similar evaluations.

in order to stand trial, the law requires that a suspect understand the charges he faces and be able to help his attorney.

Johnson pleaded not guilty to all charges.

The defense requested his release, proposing GPS monitoring and home confinement. The prosecution opposed, citing prior convictions for robbery and firearms offenses, a prior bench warrant, and mental health concerns raised in 2023. The judge sided with the prosecution, ordering continued detention on the grounds of ensuring Johnson’s appearance in court and protecting community safety.

Additionally, the defense inquired about a transfer to the jail’s Correctional Treatment Facility (CTF) from the Central Detention Facility (CDF). The judge responded that the jail would conduct an assessment, and any determination would be made later.

The defense requested a status hearing to discuss the plea offer that was extended by the prosecution and to review newly received evidence through discovery with Johnson. The specific terms of the plea offer were not stated in court.

Parties are slated to reconvene on Nov. 3 at 9:30 am.

Counsel Deliver Conflicting Stories During Final Arguments

During closing arguments on Oct. 14, counsel delivered conflicting statements on who was the initial aggressor in a midnight stabbing.

Maurice Felder, 53, is charged with assault with intent to kill while armed, aggravated assault-grave risk while armed, assault with a dangerous weapon, assault with significant bodily injury while armed and possession of a prohibited weapon. This stems from his alleged involvement in a stabbing incident on the 1900 block of 7th Street, NW on Nov. 10. One individual sustained a stab wound to their chest.

On Oct. 8, the prosecution dismissed the aggravated assault charge.

In their closing arguments, the prosecution sought to cast Felder as the “first aggressor,” a legal distinction that would void any claim of self-defense.

The prosecution referenced a recording from the incident in which Felder allegedly asked the victim, “Do you want to die?”. This is “a terrifying phrase to hear,” a prosecutor said.

The prosecution argued that Felder acted out of anger and unnecessarily escalated the conflict by brandishing a knife. The prosecutor said Felder held the weapon long before the stabbing occurred and ignored multiple opportunities to walk away.

Video evidence shown in court included a witness saying, “Unc on that shit. Unc’s about to get him,” moments before the stabbing.

Two of the charges require jurors to determine beyond a reasonable doubt that Felder intended to kill the victim and inflicted serious bodily harm. Prosecutors drew on the trauma surgeon’s testimony and video footage to argue that Felder’s strike demonstrated both intent and potential lethality.

“You saw how much force the defendant used when he swung his arm,” one prosecutor said, miming a stabbing motion.

Defense attorney Matthew Rist countered that prosecutors were trying to “have it both ways” by crediting the victim for holding Felder back while faulting Felder for not leaving the scene.

He emphasized that Felder suffers from PTSD, anxiety, and bipolar disorder, arguing that fear for one’s life is a subjective standard. Surrounded by the victim and eight of the victim’s friends, Rist said, Felder reasonably believed he was in danger.

Rist also pointed out inconsistencies in the victim’s testimony, including that the prosecution had impeached its own witness during trial.

The defense attorney noted that a trauma surgeon from Howard University Hospital testified that the victim’s blood alcohol level was 0.138, almost double the legal limit.

In his closing argument Rist also focused on the surgeon’s earlier description of the wound, calling it small and superficial.

The wound proves that Felder’s intent was not to kill but to defend himself, the prosecutor said.

“Mr. Felder is surrounded,” Rist told the jury. “He didn’t kill anyone, and he didn’t seriously injure anyone.”

Before closing arguments, the surgeon told the jury that the wound was one-centimeter. The injury did not enter the chest cavity, the doctor said, and the victim was medically stable, coherent, and communicative.

The treatment included wound cleaning, one stitch, immunizations, antibiotics, and IV fluids for dehydration, the surgeon said.

However, the surgeon testified that the wound was close to the victim’s heart and that, if it had penetrated just a few millimeters deeper, it could have caused life-threatening internal bleeding and compromised lung function.

During cross-examination, the doctor clarified that the victim did not report pain and that the chest cavity is protected by layers of skin, fat, and pectoral muscle. The victim was discharged the same night and advised to return to work after two weeks.

Jurors also heard from an officer from the Metropolitan Police Department (MPD), who testified that he was on duty during the midnight shift. He said he was patrolling an area known for its nightlife activity.

Shortly after 1 a. m., the officer said he responded to a dispatch call reporting a stabbing near 7th and T Streets, NW. The dispatcher described the suspect as a Black male wearing a Capitals cap and scarf.

Within minutes, the officers located an individual matching that description. The officer testified that he approached the man—later identified as Felder—tactfully, forming a perimeter to prevent escape. Body-worn camera footage showed Felder identifying himself and complying with police instructions.

Officers recovered a knife at the scene, which the officer confirmed in court was the same weapon seized from Felder, noting its identifiable black grips. Prosecutors also presented a Capitals beanie and scarf as evidence, items the suspect was seen wearing in a video of the stabbing.

During cross-examination, Rist questioned the accuracy of the suspect’s description, noting that the dispatcher had said “cap,” not “beanie.” The officer responded that the scarf was the key identifying factor.

Rist presented a still image of the crime scene showing nearby construction, which the officer acknowledged could have obstructed visibility.

Rist also questioned the MPD officer’s disciplinary history, which included violations related to misuse of body cameras and unauthorized pursuits. The MPD officer admitted to feeling some pressure to remain in good standing with the US Attorney’s Office (USAO), but clarified that this stemmed from his cadet training and was not connected to his standing as a police officer.

Jurors began deliberations on Oct. 14. Deliberations are expected to continue on Oct. 15.

Defendant Accused of Killing Senior Citizen, Mental Competency Challenged

A murder defendant was arraigned in connection to the fatal beating of a senior citizen before DC Superior Court Judge Rainey Brandt during an Oct. 3 hearing.

Jafekka Harris, 34, is charged with second-degree murder of a senior citizen for her alleged involvement in the fatal beating of 79-year-old Betty Duke on the 3100 block of Martin Luther King Jr. Avenue, SE on Oct. 5, 2024.

According to court documents, Harris allegedly struck Duke several times in the head. A medical examiner conducted an autopsy and concluded Duke died as a result of blunt force trauma.

Judge Brandt ordered a new competency examination from the Department of Behavioral Health (DBH) based on representations from defense attorneys Kevin Mosley and Emma Mlyniec. Previous DBH analysis deemed Harris mentally incompetent to stand trial, but the prosecution objected to the finding on Sept. 11 and was granted time to finalize its own behavioral expert to evaluate Harris.

The prosecutor indicated she had not filed a motion for an independent expert meeting without the defense present because she figured the defense counsel would object.

“Spoiler alert: this has to be doctor-patient,” Judge Brandt remarked.

“This is the first I’m hearing of this,” Mosley said, not understanding why the prosecutor thought he would oppose the motion.

The prosecution said she assumed the defense would object based on previous experience.

Judge Brandt assigned both parties deadlines for submitting their expert witness reports and confirmed she would request another report from the DBH.

The prosecutor said she recruited an expert to examine Harris but had not yet received the medical records and did not know when the expert would be available to meet with Harris. The prosecutor said she is willing to set a tentative date.

Judge Brandt agreed and scheduled a deadline for Dec. 1.

“This [deadline] may have to move depending on what we hear,” Judge Brant said.

She also set a mental observation hearing and a Dec. 3 deadline for the defense to submit their findings from the DBH examination. She noted she would prefer to receive the report even earlier.

“That way we’ll really be able to clean up and see what we have and don’t have,” Judge Brandt said.

The prosecution said the defense counsel will likely ask for sentence reductions if the DBH relies on any new medical reports.

Parties are slated to reconvene for Dec. 3.

Judge Denies Carjacking Defendant’s Release

DC Superior Court Judge Heide Herrmann denied a carjacking defendant’s request for release and postponed a preliminary hearingon Oct. 15.

Kavon Phillips, 27, is charged with unarmed carjacking for his alleged involvement in an incident on the 1900 block of 8th Street, NW on June 29.

According to court documents, the victim was parked with his moped when Phillips allegedly shoved him off of it and drove away.

Phillips’ defense attorney, Patrick Nowak, requested a nominal bond for Phillips, who is detained on a parole matter. Nowak said he wanted to ensure the defendant would not be transported to a different jurisdiction.

Judge Herrmann denied this request she has no knowledge of the case.

“I don’t do that … in my experience [that’s how cases] get lost,” said Judge Herrmann.

Judge Herrmann suggested that Nowak request the trial judge in the pending case set a nominal bond.

The prosecution missed the Oct. 15 hearing, and Nowak requested a continuance. Judge Herrmann granted the request and set a new preliminary date.

Parties are slated to reconvene for Oct. 29.

Defense Suggests Possible Witness Intimidation in Car Charger Shooting

Parties argued over whether or not a shooting victim could be questioned about potential harassment and past criminal history in a trial held before DC Superior Court Judge Danya Dayson on Oct. 9.

Ato Ocran, 46, is charged with assault with the intent to kill while armed, aggravated assault while armed, two counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, five counts of possession of an unregistered firearm, carrying a pistol without a licence outside of a home or business, and destruction of property worth $1000 or more for his alleged involvement in a non-fatal shooting on the 2600 block of 10th Street, NE on June 3. One individual was injured during the incident.

In a motions hearing before the trial, the defense requested to cross-examine the victim about an incident that occurred outside the courthouse. According to defense attorney Kevann Gardner, the victim followed the defendant’s sister out of the courtroom after one of the hearings and allegedly harassed her as she walked down the street.

When she called the defense counsel for help, Gardner claimed, the victim told the attorneys to “tell your boy to stop being weird.” Gardner claimed that this interaction was an attempt by the victim to intimidate the defendant through a third party and “prevent Mr. Ocran from testifying.”

The prosecution argued the line of questioning was “highly speculative” because it presupposed the victim knew Ocran’s sister’s identity. Gardner explained she had been present in the courtroom near the defense counsel on multiple occasions and had spoken with them in and out of the courtroom. He argued that the victim knowing Ocran’s sister was “common sense” and that the victim had no reason to follow her without knowing who she was.

Judge Dayson called the relevance of the questioning “attenuated,” but agreed to look into the matter after defense counsel provided case law to support the testimony’s admissibility, in spite of rulings against the practice.

Following the discussion, prosecutors recalled the victim to complete questioning, where he walked through the shooting for the court. He explained he had initially been in an altercation with the defendant after the defendant allegedly unplugged the victim’s electric vehicle from the charging station.

He testified to leaving the scene, claiming that he “ain’t feel safe,” and turning down 10th Street to see the defendant’s car pull out of a side street near him. He claimed that the driver of the car raised a gun out of the driver’s side window and fired at his car multiple times. The incident, according to the victim, was “real quick,” and lasted for about ninety seconds total. According to the victim, he was shot in his left arm and bruised by debris on his side.

After driving away from the scene, the victim explained he began driving home rather than calling the police. When asked why, he said that he was worried for his passenger—his girlfriend’s brother—but more importantly, that he knew the police’s “way of doing things,” and that he had been involved in a previous shooting incident where the “person who got shot was mistreated” by officers.

Arriving home the victim told the court that he drove past to a nearby recreational center. He said he wanted to get a weapon and that he “wanted revenge.” He asked if anyone at the center had a firearm, but the suggestion was greeted with laughter. He left without a weapon and returned to his house, where he was eventually transported to the hospital for treatment and police questioning.

Following a break, the parties had a lengthy disagreement regarding the defense’s questioning of the victim’s being a known drug dealer. The judge disallowed it since there was no proof, such as a conviction, and the defense’s claims were mostly based on what others supposedly said, which is hearsay. The judge also reminded both sides that they could not bring in previously excluded information about character.

There was also a discussion about the witness’s immunity and whether he could be asked questions about drug distribution. The judge pointed out that the immunity letter didn’t cover those topics and warned the defense to wait for a ruling before asking anything. The defense said an officer had told them the witness was known for dealing drugs, but the prosecution argued this wasn’t a valid reason to keep bringing it up. The judge agreed and said there was no good faith basis to allow those questions.

The victim was put back on the stand and was also questioned about past crimes and inconsistencies in his statements. He admitted to having a criminal history but said he is a different person now. The defense played body camera and hospital footage showing that the witness didn’t tell police the full story. He claimed he didn’t mention certain things, like hearing sirens, because the police never asked, but this was the first time he brought that up in four months.

Parking lot video footage depicted the defendant’s kicking the victim’s car, even though the victim said that didn’t happen. More footage showed the victim apparently chasing the defendant’s car, though he denied it. When pressed about these details, the witness pushed back and even interrupted the defense’s questioning at one point.

Due to time constraints, the victim was unable to conclude his testimony.

A Tesla employee testified remotely as a technical witness. He explained how Tesla cameras and storage systems work. He said that video clips can’t be deleted from the Tesla app and can only be removed directly from the car’s screen or by taking out the USB drive. This was meant to help clarify whether video evidence from the defendant’s car could have been deleted.

Parties are slated to return on Oct. 14.

Ailing Homicide Defendant Motions for Bond Review

A homicide defendant in failing health asked for a bond review to reconsider his current detention in a hearing before DC Superior Court Judge Michael Ryan on Oct. 8.

Byron Sneed, 40, has been charged with first-degree murder while armed for his alleged involvement in the shooting death of Raymond Washington, 18, that took place on the 700 block of Marietta Place, NW on June 30, 2024.

Sneed appeared before the court wearing a medical mask and carrying a satchel over his shoulder that his attorney, Destiny Fullwood-Singh, called a kind of “catheter”. He was visibly tired and responded quietly to questions from Judge Ryan.

Sneed had previously rejected a plea deal which was not discussed in open court.

Fullwood-Singh requested a change in release conditions in light of Sneed’s health problems, which they stated have gotten worse as the case moves toward trial.

The prosecution stated that they will need time to review the medical records provided by Howard University Medical Center to determine their position on the matter.

Court is set to reconvene on Oct. 22.

Defendant Accepts Guilt for Ex-Lover’s Gruesome Murder

A domestic violence related homicide defendant accepted a plea deal before DC Superior Court Judge Michael Ryan on Oct. 7.

Richard Dyson, 58, was originally charged with second-degree murder for his involvement in the death of 62-year-old Donella Bryan on April 15 on the 300 block of N Street NE. Bryan died from blunt force trauma and asphyxiation.

According to court documents, officers from the Metropolitan Police Department (MPD) found Bryan’s body on April 19, inside a trash dumpster on the 1500 block of Benning Road, NE, more than a mile from the crime scene.

According to court documents, Dyson and Bryan were romantically involved previously and still lived together.

Defense attorney Wole Falodun informed the court that Dyson accepted an offer extended by prosecutors that required him to plead guilty to second-degree murder. As part of the plea agreement, the prosecution agreed to not pursue an indictment on additional charges related to the case and limit their sentence request to 24 years of imprisonment.

The prosecutor said if the case proceeded to trial the evidence would have proved that Dyson murdered Bryan by striking her in the head and suffocating her with a sock.

Dyson is scheduled for sentencing on Dec. 12.

Gun-Related Homicides Decrease in September

According to D.C. Witness data, among the seven reported homicide incidents and victims in September, three resulted from gun violence. A significant difference from August, when all five homicide incidents were fatal shootings.

As of Oct. 15, of the seven incidents, The Metropolitan Police Department (MPD) has identified one suspect.

Ricardo Botts, 37, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of his mother, 66-year-old Pamela Botts on Sept. 21 on the 2100 block of 32nd Place, SE.

According to court documents, Ricardo’s grandmother reportedly heard a verbal argument and witnessed Ricardo standing over Pamela. The case is pending a preliminary hearing.

MPD has not identified suspects for the remaining six homicides.

According to MPD, one incident resulted from a large fight that occurred on Sept. 13 on the 2000 block of 14th Street, NW. In addition to the fatal stabbing of 34-year-old Jermaine Foster Jr., three victims sustained wounds during the fight.

MPD also reported an officer-involved shooting that resulted in the death of 31-year-old Jonathan Boruch on the 5100 block of Sherier Place, NW on Sept. 16.

According to MPD, officers responded to a reported domestic disturbance where Bourch reportedly charged at the officers while armed with two knives. MPD officers reportedly fired one shot that fatally injured Boruch. The involved officers are on administrative leave and MPD’s Internal Affairs Bureau is investigating the incident.

MPD is also investigating a fatal pedestrian crash that killed 40-year-old Angela Boston on Sept. 6 on the 1100 block of Eastern Avenue, NE. The black SUV that struck Boston immediately fled the scene.

MPD is currently offering a reward for information on the unsolved cases.

Shooting Suspect Waives Preliminary Hearing, Judge Denies Release

DC Superior Court Judge Heide Herrmann denied a shooting defendant’s request for release after he waived his right to a preliminary hearing on Oct. 15.

Xavier Anderson, 23, is charged with aggravated assault knowingly while armed and possession of a firearm during a crime of violence for his alleged involvement in a shooting that injured one on the 600 block of Galveston Street, SE on July 11.

Thomas Lester, Anderson’s defense attorney, alerted the court of his intent to waive the preliminary hearing.

Lester also requested for Anderson to be released with GPS monitoring, arguing that the GPS condition would allow the court to track his location. He said that because Anderson is homeless, he could stay at a local men’s shelter.

The prosecution objected, arguing that Anderson should remain detained for the safety of the community.

The prosecutor said footage of the shooting negates the argument that Anderson acted in self-defense, saying the weight of the evidence is strong.

The prosecution highlighted Anderson’s past, noting he has a “pretty serious” misdemeanor case, violated a previous stay-away order, was convicted for a robbery in 2021, and has two bench warrants.

Lester contended that the actual information of the incident “doesn’t align with the [prosecution’s] argument.”

He said the cartridges that officers recovered from the incident did not match Anderson’s gun, instead matching the firearm of another individual allegedly involved.

Lester added that there was a verbal altercation minutes prior to the shooting

“There’s a greater question here than what the [prosecution] is indicating to the court,” Lester said.

He refuted the prosecution’s point about the stay-away order, saying previous prosecutors withdrew their hold upon discovering Anderson was not in the banned location. He maintained the prosecutor brought up the stay-away order to try to argue Anderson would not comply with any imposed release conditions.

Lester said there is no evidence Anderson brandished a weapon and contended that he was compliant while being arrested.

He argued that there were dissimilarities in describing the shooter because other witnesses detailed a person different than Anderson. He suggested that the complaining witness might have been overwhelmed by the incident and, therefore, pointed out the wrong person.

Lester paraphrased what the other witnesses told officers, saying, “He didn’t do anything. He’s a different guy. He was just confused.”

Judge Herrmann remained concerned by the fact that Anderson illegally possessed a firearm, despite being prohibited, saying the weight of the case is “very strong.”

Judge Herrmann said that, even if the shooting did not happen, he would still be detained because of Anderson’s unlawful possession of a firearm. Therefore, she said she cannot ensure the safety of the community if he was released and he will thus remain detained.

Parties are slated to reconvene Nov. 13.

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