Double Homicide Trial Delayed for Want of DC Jail Evidence

DC Superior Court Judge Michael O’Keefe granted a defendant’s request on June 5 for a short continuance in a double homicide trial due to the DC Jail’s alleged failure to give the defendant access to evidence in a hard drive in a timely manner.

Beysean Jones, 29, is charged with two counts of first-degree murder while armed and assault with intent to kill while armed for his alleged involvement in the fatal shootings of Ronald Brown, 19, and Tijuan Wilson, 41. The incident occurred on July 27, 2022 on the 4300 block of 4th Street, SE. Another victim sustained gunshot wounds during the incident, but survived.

Jones’ attorney, Carrie Weletz, requested a brief continuance for the trial, which was slated to begin June 10, since she didn’t have the a hard drive in question until morning of June 5. The hard drive supposedly contains new evidence only developed by the prosecution at the beginning of May.

Weletz stated that she would feel comfortable with one or two extra days for Jones to review the evidence. Judge O’Keefe granted the continuance.

Parties are slated to return June 11.

Shooting Defendant Waives Right to Independent DNA Testing

A homicide defendant voluntarily waived his right to independently test DNA evidence recovered from a crime scene in front of DC Superior Court Judge Maribeth Raffinan on June 5.

Vann Allen, 35, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in a shooting that occurred on Nov. 11, 2023, on the 1400 block on New York Avenue, NE. An individual sustained injuries from the incident.

During the hearing, the prosecutor alerted the court they had gone through with DNA testing of the evidence recovered at the crime scene.

However, Michelle Lockard, Allen’s defense attorney, alerted the court Allen was waiving his right to independently test the evidence.

Judge Raffinan was satisfied with Allen’s voluntary denial of DNA evidence.

Allen has been in compliance with the conditions of his release.

The parties are scheduled to return Oct. 15.

Data Shows Shootings Decreased by Fifty Percent from April to May

D.C. Witness data shows that in May there were 21 non-fatal shooting victims, a 50 percent decrease from April, which reported 42 non-fatal shooting victims in the District, as reported by the Metropolitan Police Department (MPD) .

Homicides decreased by 11 percent, May had 15 homicide victims, and April recording 17 homicides.

Among the non-fatal shootings, MPD officers wounded an individual who was experiencing a mental health crisis and allegedly stabbed a responding officer on May 18.

According to MPD documents in another incident, officers responded to the 2400 block of Virginia Avenue, NW, for a welfare check, and requested assistance from the Behavioral Health’s Community Response Team for an individual in crisis.

The individual, later identified as Jonathan Jefferson, 28, was determined an immediate danger to himself or others, and, as MPD officers attempted to handcuff him, he allegedly pulled a knife and stabbed an officer.

Another officer used a Taser on Jefferson, but it didn’t work. Finally, an officer had to shoot Jefferson to subdue him according to MPD documents.

Jefferson was arrested and charged with four counts of assault on a police officer.

The shooting remains under internal investigation.

On May 4, officers responded to Dunbar High School on the 1200 block of Kirby Street, NW, for the report of a shooting. According to MPD documents, a juvenile girl sustained a graze wound to the head after a stray bullet entered her classroom through the window.

Police arrested Azhari Graves, 18, and Saki Frost, 17, shortly after. Frost is being charged as an adult under Title 16. They are facing two counts of assault with intent to kill while armed, and two counts of assault with a dangerous weapon, for their alleged involvement in the shooting.

MPD is continuing its investigation of the fatal shooting of a toddler that occurred on May 3 on the 2300 block of Hartford Street, SE.

According to MPD documents, officers responded to the sounds of gunshots and a short time later, a three-year-old female was located at a nearby fire station on the 2400 block of Irving Street, SE, suffering from a gunshot wound.

Despite all life-saving efforts, she was pronounced dead. The victim was identified as three-year-old Ty’ah Settles.

MPD is offering a reward to anyone who can provide information that leads to the arrest of conviction of any potential suspects.

Curfew Extension Denied for Jailhouse Stabbing Suspect

DC Superior Court Judge Errol Arthur denied a stabbing defendant’s request to modify his curfew in a June 5 hearing.

Ndiaye Elhadji, 24, Dionte Anderson, 25, Tyrone Hawkins, 22, and Dion Lee, 24, are charged with assault with a dangerous weapon with a sharp object, unlawful possession of contraband in a penal institution, and carrying a dangerous weapon.

According to court documents, the four suspects allegedly stabbed a fellow inmate. A corrections officer was injured trying to break up the melee at the DC Jail on the 1900 block of D Street, SE. The stabbing victim survived.

Marnitta King, Elhadji’s defense attorney, requested his release conditions be modified in order to attend work and night school. Elhadji is currently under GPS monitoring with a curfew.

King asked that the curfew be eliminated altogether while he remains on the GPS device as the four co-defendants await trial.

King argued that her client hasn’t been convicted of a crime since he was a juvenile in 2013, and has been compliant with all conditions imposed by the court.

The prosecution objected to the request, citing the dangerous nature of the offense.

Judge Arthur denied the defense request, but stated that he would “reconsider it at the next hearing.”

All parties are set to return on July 9.

Judge Denies Motion to Release Shooting Defendant

DC Superior Court Judge Erik Christian denied a motion to release a shooting defendant who is considering a plea deal during a June 5 hearing.

Kurtis Hubbard, 23, is charged with assault with a dangerous weapon, robbery, and possession of a firearm during a crime of violence for his alleged involvement in an attempted robbery on May 7 on the 3200 block of 20th Street, NE.

According to court documents, Hubbard and his co-defendant, Brian Richards, allegedly attempted to rob the victim at gunpoint. A struggle ensued, and a firearm was discharged. The victim sustained injuries not related to the shooting, and the suspects fled the scene.

At the hearing, the prosecution alerted Judge Christian they offered Hubbard a deal which would require him to plead guilty to robbery and unlawful possession of a firearm in exchange for a dismissal of all other charges.

Hubbard’s attorney, Charles Haskell, told Judge Christian he needed additional time to discuss the plea deal with the defendant.

Haskell also motioned Hubbard be released to 24 hour home confinement, stating, “No clear evidence exists showing what happened.” He further argued that there were witness inconsistencies, such as who had the firearm.

The prosecution rebutted, stating there was “no change in circumstance” from when Hubbard was arrested.

Judge Christian denied Haskell’s motion for release.

Parties are set to return on July 15.

Juvenile Shooting Case Dismissed Amid Plea Deal in Carjacking

A juvenile defendant accepted a plea deal in connection to a carjacking and associated shooting before DC Superior Court Judge James Crowell on June 4.

The juvenile, a 15-year-old boy, was originally charged with armed carjacking, assault with intent to commit robbery, and robbery for his involvement in a carjacking that occurred on Jan. 12 on the 1900 block of 14th Street, SE.

He was also charged with assault with a dangerous weapon for his alleged involvement in a non-fatal shooting that occurred moments after the carjacking on the 3300 block of Benning Road, SE, which injured one individual.

Prosecutors previously filed to dismiss the shooting charges without prejudice, which would allow the prosecution to refile charges if there were any developments to the case.

During the hearing, the parties alerted the court they had reached a plea deal, which required the juvenile to plead guilty to unauthorized use of a vehicle as a passenger and a misdemeanor charge of receiving stolen property. All other charges would be dismissed.

Parties also agreed to dismiss the shooting charges with prejudice, essentially closing the case.

According to Howard Margulies, the juvenile’s defense attorney, the parties agreed that the juvenile be detained by the Department of Youth Rehabilitation Services (DYRS) for six months in addition to the remaining month he has to serve in connection to four previous convictions.

In scheduling the sentencing, Judge Crowell stated it shouldn’t take long because “he’s been before me for some time,” referencing his previous convictions.

Parties are slated to return June 10 for sentencing.

‘Three Firearms Bring Terror Down on the DC Community,’ Says Prosecutor in Three Co-Defendant Homicide Case

Prosecution presented closing arguments before DC Superior Court Judge Rainey Brandt on June 4, which led to a mistrial motion in a murder conspiracy case.

Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 33, are three of five individuals charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020, on the 600 Block of S Street, NW. The shooting also left a second juvenile victim located in the vicinity suffering from an apparent gunshot wound to the right leg.

The case also involves alleged co-conspirators Reginald Steele, 24, and Aaron Brown, 27.

“Do guns kill or do people kill?” the prosecutor asked the jury as they began their closing arguments. According to the prosecution, over the course of an eight-day period one victim was killed, 10 more assaulted, seven cars damaged, and four communities terrorized by the use of three unregistered firearms by the defendants.

“Three firearms bring terror down on the DC community,” the prosecution added.

Throughout the trial, the prosecution has attempted to connect Jackson, Freeman, and Nelson to additional shootings that occurred on Feb. 22, 2020 on the 700 block of Farragut Street, NW; Feb. 24, 2020 on the 1700 block of 9th Street, NW, and a second shooting on March 1, 2020 at Channing Street, NE. The prosecution alleges a firearm conspiracy of the defendants, in which they aimed to obtain and use specific weapons in all shootings.

The prosecution described all of the incidents in detail, referring back to text messages, cell site records, security footage and Metropolitan Police Department (MPD) body cam footage to contextualize the order of events and corroborate witness statements. Much of the prosecution’s closing statement revolved around proving a planned conspiracy.

The prosecution alleges the motive for Lukes’ death was due to “rap beef.” They believe the feud from two groups from different DC neighborhoods over who was the true “Northwest Goon” rapper culminated in the death of rapper and close friend of the three co-defendants, Tahlil Byrd, 19.

Lukes had appeared in a music video made by “Slimegoon9”, who was alleged to be Byrd’s rival. Lukes’ cousin also appeared in the music video and was a victim of the Feb. 24, 2020 shooting.

The prosecutor, speaking on Luke’s death, said, “He tried to run, he couldn’t hide,” after receiving a gunshot wound to his back.

The prosecutor highlighted Nelson’s and Freeman’s criminal history, stating that they are “convicted felons” for firearm offenses leading Andrew Ain, Freeman’s defense attorney to request a mistrial. The defense attorneys on behalf of Jackson and Nelson also joined Ain’s motion to file for a mistrial.

Judge Brandt will rule on the matter during the next court hearing.

Due to time constraints, the prosecution was unable to conclude their closing arguments.

Parties are set to return June 5.

Homicide Defendant Pleads Not Guilty to Murder Charges

A homicide defendant pleaded not guilty during an arraignment in front of DC Superior Court Judge Robert Okun in a June 4 hearing.

Korriek Akinwale Akinola, 22, is charged with premeditated first-degree murder and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of Joshua White on June 6, 2023 on the 4700 block of South Capitol Street, SE.

According to court documents, the defendant allegedly shot the victim at a Shell gas station out of the front passenger window of a black sedan.

Defense attorney Kevin Mosley informed the court that Akinola was pleading not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial.

Mosley also alerted Judge Okun that all discovery has been received and requested to set additional hearings.

Parties are slated to reconvene July 19.

Judge Denies Shooting Defendant’s Request for Release as Preliminary Hearing is Continued

DC Superior Court Judge Renee Raymond denied a defendant in a non-fatal shooting release from jail during a June 4 preliminary hearing.

Markus Raynon Hodges, 27, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on May 27 on the 3400 block of Baker Street, NE.

According to court documents, Hodges and his father were in an argument that allegedly resulted in Hodges pointing a gun at his father and shooting at him seven times. However, no injuries were reported.

Hodges’ father identified him as the shooter to police.

During the hearing, Hodges’ defense attorney Jalil Dozier motioned for a continuation of the case.

Dozier also requested for Hodges to be released from jail with GPS tracking, which was quickly denied by Judge Raymond due to the severity of the case. The prosecution further stated that they did not consent to a waive or the release of Hodges.

Parties are slated to return June 10.

Lost Evidence Dismissal Sanction Argued in Murder Case

A status hearing on June 3 before DC Superior Court Judge Michael O’Keefe was extended to debate a proposed sanction on lost video evidence used in the investigation of a murder case.

Ronnie Melson, 43, is charged with first-degree murder while armed for his alleged involvement in the homicide of 41-year-old Demetrius Jones. The incident occurred Nov. 6, 2020 on the 1700 block of Gales Street, NE.

According to eyewitness testimony, Jones was seen being followed by the suspect, later identified as Melson. Jones was later seen lying unconscious on the sidewalk while the individual identified as Melson stood over him, extending his arm holding an object that looked like a firearm. Police responded to the scene and found that Jones had suffered sixteen gunshots.

The hearing convened to discuss various discovery items and evidentiary issues, most notably a specific piece of video footage. The video evidence allegedly contained footage of the suspect’s car parked in the area of the incident with Melson exiting the vehicle. However, this evidence was reportedly lost by the Metropolitan Police Department (MPD).

At the hearing, defense attorney Jason Tulley requested a sanction of dismissal on the grounds of gross negligence based on the lost video footage not being available for discussion during trial.

The prosecution called the lead homicide detective on the case from MPD to testify on the lost footage. The detective stated that at the time, all video footage had been kept on various thumb drives and hard drives. The detective stated that he reviewed the footage but was not the detective that gathered the footage.

According to the detective’s testimony, MPD searched diligently for the lost footage but was unable to find it. Additionally, MPD attempted multiple times to retrieve the video footage from the original camera source, a church in the area, but was unsuccessful.

The detective also testified during cross-examination that the footage was of poor quality and investigators would be unable to see specifics such as a license plate or clear identification. They could, however, see figures.

Tulley also inquired about the video retention policies of MPD. The detective stated that at the time of the murder, MPD had no policy for what would happen to videos after review. However, MPD has now changed their policy due to the lost footage in this case.

Tulley emphasized the video footage was lost as a result of gross negligence of MPD. He argued that at the time, there were no policies, practices, or rules in place for the retention of video evidence.

However, prosecutors argued that the loss of evidence was an accidental loss. They stated that while the system was not centralized, MPD had systems in place for video retention. The detective had multiple cases at the time and was constrained by COVID-19 limitations.

Judge O’Keefe requested additional time to review the evidence before making a ruling on the sanction.

Parties are slated to return June 4.

Judge Orders Competency Exam for Homicide Defendant to Represent Himself

DC Superior Court Judge Maribeth Raffinan reissued an order during a May 29 hearing for a murder defendant to complete a competency test as a condition to represent himself.

Wonell Jones Jr., 37, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 33-year-old Audora Williams on July 19, 2022, on the 2900 block of Knox Place, SE. The victim had 52 gunshot wounds to her entire body.

According to court documents, Williams and Jones had a history of domestic violence disputes. Williams made multiple statements to police and was granted several protective orders against Jones, the most recent of which was requested less than a month prior to the incident.

The parties previously met on April 25 during which Judge Raffinan ordered Jones undergo two mental competency exams before granting his motion to represent himself–due to a past report that determined Jones was incompetent to stand trial. She also cited this was a requirement of all those wishing to represent themselves.

Jones failed to comply with the Department of Behavioral Health (DBH) efforts and he remained silent during screenings and interviews.

On May 29, Judge Raffinan stated she would rule on his motion once a mental competency exam conducted by the DBH.

Parties are set to return June 26.

Despite ‘Racial Disparity’ Argument Judge Denies Defense Motion to Delay Trial

DC Superior Court Judge Marisa Demeo denied a motion to delay a July trial after the defense challenged the DC jury selection process, arguing there are “stark racial disparities” in grand juries and trial panels, during a June 3 hearing.

Kenneth Wayne Stewart, 62, is charged with first-degree murder while armed and assault with a dangerous weapon for allegedly stabbing 54-year-old Courtney Jones to death on July 23, 2020 at the 2300 block of Pennsylvania Avenue, SE.

According to court documents, the defendant allegedly stabbed the victim in a van after an argument. Stewart was found by police walking on a highway allegedly in possession of bloody knife and with pieces of flesh on his body.

At the hearing, defense attorney Dominique Winters argued Stewart is willing to jeopardize a trial date and remain behind bars based on what’s known as “the fair cross section” jury issue.

“I’m here fighting for a Black man,” said Winters, emphasizing Stewart’s race and desire for a representative jury.

Winters said her client is unwavering in asserting his constitutional rights and sent a letter on Feb. 29 to the Grand Jury Commissioner, requesting information related to the racial composition of his grand jury panel.

Winters complained juries were “severely lacking in African Americans” in the last two trials she litigated adding in one jury pool there were only 11 out of 80 Black jurors.

The case dates back to 2022 when Jason Tulley, the lead Public Defender, filed a motion,“to grant discovery of information relating to the selection of jurors during the COVID-19 pandemic to ensure that…jurors have been selected from a fair cross-section of the D.C. community.”

Depending on the outcome, dozens of convictions could be overturned on the grounds that the defendants were denied their Sixth Amendment rights to be tried by a jury of their peers.

The DC Superior Court says it has made an unbiased effort to recruit a representative cross-section of jurors and has provided the evidence to the Public Defenders Service.

Winters also addressed Stewart’s trial dates being postponed multiple times, asserting it was “due to no fault at all” of her client. She mentioned Stewart was indicted two years after the alleged incident, and trial has been delayed largely to the 2020 pandemic.

In response the prosecution clarified, “At no point in time, has the [prosecution] had a delay on this case.”

Additionally, although the defense stated that the prosecution has “taken conflicting positions,” the prosecution argued that they have been “updating” their position as more evidence has been discovered.

Ultimately, Judge Demeo was not convinced by the defense argument about alleged defects in the jury system and denied the motion for continuance.

She stated that although the defense could move to the Court of Appeals, she could not find significant prejudice in a grand or trial jury panels.

As well, Judge Demeo argued that delaying the trial again would serve public interest by assuring a timely trial.

The court is “supposed to resolve felony one cases within 24 months and it’s been five years now,” acknowledged Judge Demeo.

The parties are slated to return on June 14.

Prosecution Calls Shooting Defendant a ‘Danger to the Community,’ as Judge Re-sentences Him to Two Years

A defendant, who was on probation for a non-fatal shooting, was re-sentenced on June 3 by DC Superior Court Judge Rainey Brandt following his arrest for violating his probation conditions.

Stephan Harper, 24, was originally charged with assault with a dangerous weapon for his involvement in a non-fatal shooting that left one individual with a wound to his foot. The incident occurred on Sept. 15, 2019, on the 3900 block of Martin Luther King Jr. Avenue, SW.

Harper accepted a guilty plea that would reduce his charges to attempted assault with a dangerous weapon and carrying a pistol without a license outside home or place of business on July 27, 2020.

He was sentenced to two years, all suspended, under the Youth Rehabilitation Act (YRA), which would have sealed his case after he successfully completed his requirements. However, due to his arrest during probation, the sentencing under the YRA is now moot.

In July 2022, the court received a violation report which read Harper was in possession of a weapon in Chesapeake, Maryland and in Arlington, Virginia, and had two outstanding warrants for his arrests because of obstruction of justice and failing to appear in court.

Harper’s defense attorney, Sellano Simmons, said the reason Harper failed to appear in court was because he was detained in a District matter.

The prosecution asked Brandt to sentence Harper to the two years remaining in his suspended sentence, with three years of supervised release, as they deemed the defendant “a danger to the community.”

The prosecution also requested this sentence run consecutively with the future sentencing in Maryland.

Judge Brandt denied the request and said she could not rule on whether the terms can run consecutively because the defendant has not yet been sentenced in Maryland.

Simmons requested Judge Brandt sentence Harper to six months.

“He’s been committed of yet another firearms offense,” Judge Brandt said, denying his request.

Judge Brandt resentenced Harper to two years in prison and three years of supervised release.

Harper is also required to register as a gun offender in the District, and pay 200 dollars to the Victims of Violent Crimes Fund (VVCF).

No additional dates were set.

Defendant’s Refusal to be in Court Threatens Delay in Shooting Trial

A June 2 trial in DC Superior Court Judge Marisa Demeo’s courtroom was delayed after the defendant originally refused to attend court due to an illness. However, he was transported back to court by a judge’s order.

Tyrone Astorias Johnson, 43, is charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, aggravated assault knowingly while armed, assault with a dangerous weapon, and assault with significant bodily injury while armed for allegedly firing multiple shots at an individual. The shooting occurred on Aug. 30, 2022 at a park on the 1500 block of Maryland Avenue, NE.

According to the victim’s testimony, a Black male, later allegedly identified as Johnson, asked him for a cigarette, but the victim stated he did not have one. Consequently, the individual identified as Johnson began firing at the victim.

At the hearing, prior to jurors entering the courtroom, Judge Demeo addressed the parties with an update concerning the defendant. That morning, Johnson refused to get out of the bus that takes prisoners from the jail to the courthouse.

Judge Demeo ordered Johnson could not return to jail before meeting with his attorneys to discuss a voluntary absence from court. Johnson then cooperated,

Johnson’s defense attorney, Joseph Fay, expressed his surprise about the problem, stating that his client has always been “more pleasant to work with” than many of his other clients.

Fay stated that Johnson had a stomach bug the night before, had reportedly gone to the infirmary and not eaten since the night of May 30. A trash basket was placed next to Johnson and Judge Demeo told him that if he became too ill to continue, court would end for the day.

As the proceedings continued, a services manager for ShotSpotter, which monitors public safety with devices that detect “impulse sounds,” such as gunshots, was called to the stand.

The prosecution played audio recordings from four different sensors catching impulse sounds of what is believed to be gunshots on Aug. 23 and Aug. 30, 2020.

In a previous hearing, the prosecution presented a 911 call from the defendant’s ex-girlfriend that occurred on Aug. 23, 2020. In the call, she’s heard telling a dispatcher that Johnson fired shots at her. However, when the ex-girlfriend testified, she stated she was never injured and never saw Johnson shoot a gun.

Prosecutors also called on a trauma surgeon at MedStar Washington Hospital Center, who testified to the injuries sustained by the victim and the subsequent treatment that followed.

According to the surgeon’s report notes as shown by the prosecution, the victim suffered two gunshot wounds to the genitalia, two to the left groin, two to the outer right thigh, and two to the outer left thigh.

Additionally, the surgeon stated that she was concerned for the possibility of internal injury or bleeding, so the victim underwent chest and pelvic x-rays, as well as a CAT-scan, but no signs of hemorrhaging were found.

When asked about her interaction with the victim, the surgeon stated she had spoken with him while he was awake and discussed his pain scale. She did not recall how he felt, but testified that the victim “must have been in pain” because he was prescribed pain medications.

Parties will reconvene June 3.

Defendant Pleads Not Guilty During Homicide Arraignment

Jaleil Jones pleaded not guilty in front of DC Superior Court Judge Maribeth Raffinan in a felony arraignment on June 3.

Jones, 19, is charged with first-degree murder while armed, conspiracy, robbery and two counts of possession of a firearm for his alleged involvement in the fatal shooting and robbery of 44-year-old Robert Lavender. The incident took place on the 600 block of Monroe Street, NE on July 17, 2023.

Jones’ attorney, Kevann Gardner, alerted the court he was pleading not guilty and asserted Jones’ constitutional rights, including the right to a speedy trial.

Gardner also stated that the prosecution has extended a plea offer, and requested additional time to discuss the motion with Jones.

A status hearing is scheduled for June 27.

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