Search Icon Search site

Search

Attorney’s Concerns of Stereotyping Postpone Non-fatal Shooting Trial

A shooting defendant’s trial was delayed after he requested to appear more presentable before DC Superior Court Judge Errol Arthur on July 18.

Jerry Tyree, 46, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of liquid phencyclidine (PCP), attempted unlawful possession of liquid PCP and two counts of unlawful possession of a firearm. The charges stem from his alleged involvement in a non-fatal shooting on Nov. 29, 2023, on the 5900 block of Foote Street, NE. 

His trial was set to begin on July 18 with jury selection.

However, his defense attorney, Sara Kopecki, requested to postpone the trial, since Tyree’s hair had not been cut. The DC Jail only does haircuts on Thursdays, and due to the hearing, Tyree was unable to get one, according to Kopecki.

When Judge Arthur claimed he thought Tyree looked presentable, Kopecki immediately disagreed, and Tyree shook his head. Kopecki mentioned potential jury stereotyping and requested a continuance. 

Parties agreed on a new trial date of Aug. 26.

Tyree is scheduled for a status hearing on Aug. 6. 

Document: MPD Searching for Suspects in Chinatown Shooting

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying two suspects in a shooting that occurred on July 17 in Chinatown on the 600 block of H Street, NW. One individual sustained injuries during the incident.

‘Numerous Notices of Noncompliances’ Causes Judge To Hold Carjacking Defendant 

A carjacking defendant’s request for release following a seven-year-old bench warrant for a 2017 case was denied July 18 before DC Superior Court Judge Robert Salerno. 

Lakeesa Cambridge, 37, is charged with conspiracy, carjacking, assault with intent to commit robbery, robbery, unauthorized use of a vehicle- crime of violence, and first-degree theft in her alleged involvement in a carjacking incident that occurred on Jan. 28, 2017 on the 100 block of Joliet Street, SW.

According to court documents, the victim met with Cambridge and another person, when the victim was struck on the head multiple times with a handgun inside his car. The victim fled the car seeking help. 

In court, Michael Bruckheim, Cambridge’s defense attorney, brought up that his client has two bench warrants against her in Virginia and North Carolina and claimed she didn’t know she had these against her. 

Bruckheim requested for Cambridge to be released and put on home confinement, to which the prosecution opposed stating Cambridge has “numerous notices of noncompliances.” 

Parties are slated to meet on July 29.

Dept. of Behavioral Health Says Carjacking Defendant is Competent for Trial

A carjacking defendant was deemed competent after an evaluation by the Department of Behavioral Health (DBH), according to DC Superior Court Judge Errol Arthur on July 18.

Javard Harris, 23, Omari Dantignac, 19, and Ion Cooper, 20, are charged with armed carjacking and possession of a firearm during a crime of violence for two carjackings on Dec. 1, 2023. The incidents occurred on the 1700 block of Bay Street, SE and the 900 block of 3rd Street, NE.

During the hearing, Judge Arthur alerted the parties that a report from DBH had found Harris to be competent to stand trial. 

Ralph Robinson, Harris’ defense attorney, and the prosecution did not object to the findings of the report. 

Molly Burke, counsel for Harris’ co-defendant, Dantignac, also negotiated for his release conditions to be modified, citing his perfect compliance report, the completion of his first semester of college and his work with a local school’s football team. 

Bunke mentioned that Dantignac hopes to work a new job and cannot do so under the terms of home confinement. She requested that her client be given a curfew, instead. 

Despite the prosecution’s objection, Judge Errol agreed to impose a curfew of 10 p.m. to 6 a.m.

Parties are slated to return for a status hearing on Sept. 20.

Prosecution Says Defendant ‘Brought a Knife to a Fist Fight,’ During Discussion of Release 

On July 18, a stabbing defendant waived his preliminary hearing before DC Superior Court Judge Heidi Herrman and was denied release.  

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

Graham previously had his preliminary hearing scheduled for July 16 and 17 but was unable to attend both hearings due to a medical scratch on July 16 and a non-compliant scratch on the 17.

At the hearing, Graham’s defense attorney Wole Falodun also requested the defendant’s release, requesting that Judge Herrman place him on electronic monitoring. 

According to court documents, Graham was allegedly standing at a bus stop when he and the victim got into a verbal altercation and the victim began punching Graham in the face. Video footage shows Graham reach into his bag and pull out a knife. He is seen allegedly stabbing the victim. 

Graham was “attacked out of nowhere,” and had no connection to the victim, arguing that video footage revealed that “at no point does Graham fight back,” Falodun said. 

“Just because you have a hammer doesn’t mean everything you see is a nail,” Falodun stated, arguing that though video footage may show Graham stabbing the victim, it was an effort of self defense. Falodun also said the victim had a weapon on him, which is why Graham used a knife.

The prosecuting attorney objected, saying “it is incorrect to blatantly assume the victim was at fault,” and the security camera footage shows Graham following the victim for roughly half a mile. 

The prosecution went on to say that even if Graham was acting in self defense he “brought a knife to a fist fight,” and demonstrated excessive force, highlighting the fact that the victim had a “left kidney and spleen laceration.” 

The prosecution also argued that Graham’s criminal history is extensive, citing several bench warrants, and a prior charge of assault with a deadly weapon that Graham was released for in 2022. 

Judge Herrman denied Falodun’s request for release but acknowledged that “it is going to be a close call,” if it goes to trial and “another judge may look at the video and not think it’s a close call.” 

“This very well could be self defense,” Judge Herrman stated, but said the pretrial report which cited two instances where Graham’s supervised release was revoked is reason enough to hold him. 

“I want to do what [Falodun] is asking, but I cannot,” Judge Herrman stated. 

During his two previous hearings it was announced that Graham requested new counsel, but Falodun stated that he would be staying on the case on July 18.

Parties are slated to meet on July 24.

Judge Orders Recurring Hearings for Released Stabbing Defendant

DC Superior Court Judge Rainey Brandt ordered July 18 a stabbing defendant, who was released from jail in June, to appear before her frequently following a recent positive drug test. 

Dennis Bowler, 56, is charged with assault with intent to kill while armed for his alleged involvement in a stabbing incident on May 24 on the 3000 block of Rodman Street, NW. One individual sustained injuries during the incident.

During the hearing, a representative from the Pretrial Services Agency (PSA) said Bowler has been following through with his release conditions, but did test positive for drugs. She said Bowler is most likely going to test positive for drugs again today and is going to need to receive treatment for drug abuse. 

Judge Brandt ordered Bowler to appear every three weeks for consistency purposes and to check in on how he is doing. 

According to court documents, Bowler and the victim were in an apartment, when Bowler asked the victim if he had crack cocaine. The victim told Bowler he did not have any, causing Bowler to kick the victim out of the residence. However, as the victim attempted to retrieve their belongings, Bowler grabbed a knife and stabbed the victim multiple times in his arms, chest and torso. 

During the fight, the victim grabbed a toilet-tank lid in self-defense before running out of the apartment into the lobby, according to court documents. 

Video footage depicts an individual, identified as Bowler, following the victim to the lobby, before dropping the knife. 

Bowler was arrested on the day of the incident but released on June 21 with an ankle monitor. 

Parties are set to reconvene on Aug. 7. 

Carjacking Defendants’ Motion for Forensic DNA Screening Approved

DC Superior Court Judge Erik Christen granted two co-defendants request for a forensic screening of potential DNA evidence on July 17. 

Eligah Hughes, 34, and Elias Robertson, 29, are charged with unauthorized use of a vehicle and unarmed carjacking. Hughes and Robertson, while armed with a knife and by force and violence, stole the victims car on February 25, on the 1000 block of F Street. 

According to court documents, Robertson approached the victim and told her he wanted her keys and had a knife. The police later found the keys of the victim’s stolen vehicle allegedly in Hughes’ possession.

In court, defense attorney Anthony Smith stated a forensic screening motion regarding an analysis biological evidence was filed in the previous hearing and he is awaiting the result.

Parties are scheduled to return on July 23 with information.

Case Acquitted: Judge Rules Cell Phone Data Warrant Had Probable Cause in Murder Case

Editor’s note: On Aug. 1, a jury acquitted Jarvis Jackson of all charges connected to the homicide of Deont’e Minor. 

DC Superior Court Judge Anthony Epstein ruled on July 18 that a warrant to obtain cell phone data from a shooting defendant was legal, over defense attorney objections.

Jarvis Jackson, 42, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm due to a prior conviction for allegedly shooting Deont’e Minor, 23, on March 20, 2021, on the 1200 block of Southern Avenue, SE.

According to Judge Epstein, two warrants had previously been issued for cell phone data after probable cause was found by another judge. Then, one was ruled insufficient for probable cause without immediate explanation.

The prosecution recently obtained new information and added it to the dismissed warrant before re-filing. 

Defense attorney, Madhuri Swarna, argued that allowing the prosecution to re-file the warrant with new information would amount to prejudice against Jackson. 

Judge Epstein dismissed this argument, stating the prosecution did not use any illegally obtained information in the new warrant.

Swarna also argued that the new warrant still did not meet the requirement for probable cause. 

She claimed the prosecution is relying on a weak motive. The prosecution alleges that six months prior to the shooting, Jackson robbed Minor. But, Swarna said that the prosecution has not made any effort to find any evidence other than one witness. 

Swarna said that there is no evidence that Jackson wanted to find Minor and hurt him and there is no reason to believe he knew where Minor was the day of the incident. 

The defense also claimed that there is no evidence to support that Jackson had access to firearms, including an interview with his ex-wife during which she repeatedly denied that Jackson had any guns.

Additionally, Swarna said there are many people identified by witnesses that had motive to kill Minor over money issues, specifically an incident one-and-a-half months prior to the murder when Minor was the target of a shooting. 

Swarna also said that the prosecution relies on a “white Chevy Cruze” that the an individual identified as Jackson entered. One of Jackson’s love interests has a similar vehicle, but allegedly only lets him use it when she’s in the car.

The defense claimed the two cars are different.

Judge Epstein told the parties “I still believe…that the warrant established probable cause” for the cell phone warrant. 

Additionally, the defense asked the prosecution to send them the immunity letter from prosecution that was given to one of the witnesses.

The prosecution said that they lost the letter but will do their best to find it. 

The parties are set to meet again on July 19.

Homicide Defendant Pleads Not Guilty During Arraignment

A homicide defendant pleaded not guilty to three charges during his arraignment in front of DC Superior Court Judge Rainey Brandt on July 18.

George Sutton, 44, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict for his alleged involvement in the murder of John Coleman, 34, on May 1, 2023, on the 2000 block of M Street, NE. 

According to court documents, Sutton was driving his car and Coleman was riding a bike when they met each other and got into a verbal altercation. Sutton allegedly shot Coleman three times in the knee, thigh and neck. 

Sutton’s defense attorney alerted the court of his intent to plead not guilty to all three counts and asserted his right to a fair and speedy trial. 

The prosecution voiced concerns regarding a change of schedule, which pushed the hearing from 2 p. m. to 9:30 a. m., stating Coleman’s family had wanted to participate in all hearings and were unable to due to the change in schedule. 

Parties are expected to reconvene on Aug. 23.

Stabbing Defendant Waives Right to Trial, Pleads Guilty to Misdemeanor Charges

A stabbing defendant pleaded guilty to misdemeanor charges in front of DC Superior Judge Erik Christian during a hearing on July 18. 

Gregory Lewis, 57, was originally charged with assault with a dangerous weapon for his involvement in a non-fatal stabbing on the 1400 block of L Street, SE on April 7. A victim suffered multiple stab wounds. 

During the hearing, Gregory Copeland, Lewis’ attorney, told Judge Christian he was ready to accept the plea deal extended by prosecutors. 

The plea offer would reduce Lewis’ charge of a felony assault with a dangerous weapon to two misdemeanor counts of simple assault and possession of a prohibited weapon in exchange for the prosecution not seeking indictment. Lewis is also to pay $250 to the Victims of Violent Crime Fund. 

Copeland requested Lewis be released to begin mental health treatment with Oak Crest Counseling prior to the sentencing hearing.

Prosecution objected to defense’s request, expressing concern that Lewis might re-offend while on release given his criminal history and pending charges. If the Judge granted release, prosecution requested for Lewis to be placed on GPS monitoring. 

Judge Christian granted the defense’s request for Lewis to be released to begin counseling services, stating, “I want to see if you can stay in compliance.”

Parties are set to reconvene on Aug. 1 for sentencing. 

Victim, ‘A Thousand Percent,’ Certain of Identifying Shooting Suspect, Says Detective

DC Superior Court Judge Heidi Pasichow rejected a shooting defendant’s motion to suppress photo identification evidence in a July 17 hearing.

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

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

The prosecution called a detective from the Metropolitan Police Department (MPD) who testified he presented the female victim a photo array of a targeted suspect and random individuals. The woman said recognized the individual to be the shooter.

During the hearing, the prosecution played video footage of the detective conducting the interview with the victim. When the victim identified the shooting suspect, choosing a picture of Guillory, she was asked by the detective the level of confidence in her choice. The victim responded she was, “A thousand percent” sure he was the shooter.

In cross-examination, Guillory’s defense attorney, Varsha Govindaraju, replayed video footage from the interview and pointed out one specific segment in which the victim identified some of the individuals as her friends. The detective then informed the victim that some of the photos of individuals were randomly selected. 

The defense argued this was a violation of protocol as the detective was not supposed to indicate any photos were randomly selected.

In addition, the defense argued there were other factors that could have led to misidentification such as the detective paraphrasing instructions of the interview, the victim’s lack of attention to instructions being on the phone some of the time, and the victim potentially seeing other pages of a photo array that that she should not.

Judge Pasichow rejected the defense’s request to suppress the photo array evidence, arguing there were no circumstances that would have led to misidentification. 

Parties are scheduled to return Aug. 1.

Carjacking Defendant Deemed Competent, But Motions Delay Trial 

DC Superior Court Judge Robert Salerno delayed a carjacking defendant’s trial due to multiple outstanding motions but declared him competent during hearings on July 16 and 17. 

Kenneth Phillips, 24, is charged with armed carjacking, aggravated assault knowingly while armed, robbery while armed, burglary two, first-degree theft, unauthorized use of a vehicle during a crime of violence, receiving stolen property of $1,000 or more, and no permit for his alleged involvement in an armed robbery and carjacking on Nov. 15 and 16, 2021 . The incidents occurred on the 2000 block of 4th Street, NE.

According to court documents, on Nov. 15, 2021, Phillips allegedly assaulted an individual as he stole his key ring, which contained keys to two vehicles, a white Nissan and a brown Toyota, before fleeing the scene in the Toyota. 

On Nov. 16, 2021, Phillips was allegedly stopped in the early morning hours in the brown Toyota, after the Metropolitan Police Department (MPD) had broadcasted a lookout for the stolen vehicle. He was allegedly found with the key fob for the white Nissan and a Penn State graduation ring, according to court documents. 

That same morning, according to court documents, the victim’s family member reported to MPD that someone had broken into their house and had stolen multiple items, including a Penn State ring, a television, and four gold chains, among other items.

On July 16, Judge Salerno deemed Phillips competent to stand trial, citing a report received from the Department of Behavioral Health (DBH). 

Jury selection was delayed due to outstanding motions filed by Joseph Yarbough, Phillips’ defense attorney, and the prosecutor.

On June 11, Yarbough filed a motion to sever his charges into three trials, arguing that “the [prosecution] has accused Mr. Phillips in one indictment of committing three separate acts,” therefore, Yarbough said, each incident should receive its own trial. 

However, the prosecution disagreed, stating that the incidents all stemmed from the same victim, and occurred over a few hours. 

Judge Salerno ultimately sided with the prosecution, and denied the defense’s motion to sever. 

Yarbough also filed a motion to suppress statements, physical evidence, and identifications of the suspect, arguing that MPD’s “stop of the vehicle constitutes an unlawful detention” of Phillips because they didn’t have a reasonable suspicion that he had committed a traffic violation. 

According to the motion, filed on June 16, Phillips “requested an attorney multiple times during questioning, but was not provided an attorney.” Yarbough argued that the prosecution should be prohibited from utilizing any statements made by Phillips to the police during said questioning in trial. 

At the hearing, prosecutors called on a detective from MPD that testified he had probable cause to arrest Phillips due to the car matching the lookout that was given by the broadcast, and that Phillips also matched the lookout of the suspect that had assaulted the owner of the vehicle. 

During cross-examination, Yarbough argued that the detective didn’t have any identifiable information against Phillips before arresting him, stating that he didn’t look Phillips up in his system until after he was arrested and placed in a transport vehicle. 

The motion was denied, with Judge Salerno stating the police had lawfully stopped Phillips as there was a lookout for the stolen vehicle. 

The prosecution filed a motion to admit the victim’s 911 call during trial, which was partially granted. Judge Salerno stated they could utilize the call, as long as they redact his “excited utterances.”

On July 17, Phillips waived his right to independent DNA testing of evidence.

The prosecution requested Judge Salerno advise Phillips that if he fails to show up to court during trial, which they claim he has done multiple times due to behavioral issues, the proceedings will continue without him. 

Parties are slated to reconvene July 18. 

Shooting Defendant Waives Right to Independent DNA Testing

A shooting defendant waived his right to independently test DNA evidence recovered from a crime scene before DC Superior Court Judge Robert Salerno on July 17. 

Jonathan Dawkins, 42, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of a firearm by a prior convict, and threat to kidnap or injure a person, for his alleged involvement in a shooting that took place on the 700 block of G Street, SE, on April 24, 2023. No injuries were reported.  

In court, the prosecution alerted the court that, despite recovering multiple items including cartridge casings, a car, and two phones, they would not be conducting any DNA testing.

Likewise, Dominique Winters, Dawkins’ defense attorney, alerted the court of his intent to waive his right to independent DNA testing. 

Parties are slated to return on Dec. 20.

Stabbing Case Delayed After Defendant Fails to Appear in Court

A stabbing defendant’s attorney requested his case be continued a third time, citing his severe injuries sustained in a shooting before DC Superior Court Judge Robert Salerno on July 17. 

Harry Jhin is charged with assault with a dangerous weapon, carrying a dangerous weapon outside of home/business, and assault with significant bodily injury while armed for his alleged involvement in a non-fatal stabbing that occurred on Dec. 12, 2021, on the 1500 block of 17th Street, NW. 

According to court documents, Jhin was escorted out of an establishment for behaving badly by a worker who Jhin allegedly stabbed in the neck. 

On July 16, in what was supposed to be a trial readiness hearing, Jhin failed to appear. Darryl Daniels, Jhin’s attorney, alerted the court he had been unable to appear, citing “immense pain” caused by 12-to-14 gunshot injuries sustained recently, which left him in a wheelchair.

Frustrated by Jhin’s failure to appear, Judge Salerno stated, “Last I checked, you can get to court in a wheelchair.” Judge Salerno told Daniels to ensure Jhin was present on July 17, or a bench warrant would be issued. 

On July 17, with Jhin present, Daniels requested the trial, previously scheduled for July 29, be continued due to the severity of Jhin’s injuries. 

However, the prosecution opposed the request, stating they have yet to receive any medical records or documents that state his condition or treatment plan.

Despite Judge Salerno arguing the case is “fairly old,” since it occurred in 2021, he granted the request for a continuation. A new trial date was scheduled for Nov. 19. 

Parties are slated to reconvene on Aug. 1.