Judge Denies Prosecution Request to Revoke Homicide Defendant’s Release Despite compliance Issues

On April 26, DC Superior Court Judge Robert Okun denied the prosecution’s request to revoke a defendant’s release after multiple positive drug tests for phencyclidine (PCP).

Dwayne Fountain, 44, is charged with first-degree murder premeditated while armed, carrying a dangerous weapon outside a home or place of business with a prior felony conviction, and possession of a prohibited weapon for his alleged involvement in a homicide of 47-year-old Marcus Carey that occurred on May 4, 2023, on the 3500 block of Hayes Street, NE.

Jason Tulley, Fountain’s defense attorney, stated that “Fountain has done very well,” even though “he has not been perfect.”

Tulley pointed out that Fountain has spent several months in home confinement without any violation of stay-away orders, violence, or arrests.

Prosecutors argued the seriousness of noncompliance by noting that this is a homicide case in which PCP may have been involved.

“Fountain has been fairly compliant,” said Judge Okun as he denied the prosecution’s request. However, Judge Okun warned Fountain that “It becomes more and more likely that I would revoke the conditions of release if you continue to test positive for PCP.”

Judge Okun ordered Fountain to report to the Pretrial Services Agency of the District of Columbia (PSA) weekly for drug testing.

Parties are slated to return May 23.

Judge Denies Homicide Defendant’s Request to Revoke Stay Away Order from Pregnant Daughter

On April 26, DC Superior Court Judge Robert Okun denied a defendant’s request to dismiss the stay away order from her daughter, who is pregnant.

Lewis Jones, 28, is charged with first-degree murder while armed and second-degree murder while armed for his alleged involvement in the fatal stabbing of 42-year-old Anthony Jordan on Aug. 4, 2023, on the 2500 Block of Pomeroy Road, SE. His co-defendant, Nichelle Thomas, 36, is charged with first-degree murder while armed, accessory after the fact, and obstructing justice for her alleged involvement in the incident.

Prosecutors argued that Thomas, who has been on release for six months, should be incarcerated because she has failed to appear for her last two drug tests, and the previous tests showed continuous alcohol use.

Alvin Thomas Jr., Thomas’ defense attorney, noted that for the most part Thomas has been in compliance with the conditions of her release, and that she has no violations other than the drug testing.

Judge Okun denied the prosecution’s request under the condition that Thomas gets drug tested today and that she meets with the Pretrial Services Agency of the District of Columbia (PSA) for enhanced treatment.

Thomas Jr. then requested that the stay away order from Thomas’ daughter be revoked because the daughter is pregnant.

Prosecutors argued that the daughter is a minor, to which Thomas Jr. responded by noting that she will be 18-years-old in less than a month.

Prosecutors further argued that “the circumstances in this case warrant a stay away order,” especially because they plan to call the daughter as a witness.

Judge Okun denied the request to revoke the stay away. However, he said he would be willing to reconsider as the daughter gets closer to the baby’s due date.

Parties are slated to return June 17.

Jury Hears Jail Calls About Firearm Allegedly Used in 2020 Homicide

Text messages between a defendant and an alleged co-conspirator were reviewed, along with jail call recordings, regarding a firearm allegedly linked to a 2020 homicide, 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 suffering from an apparent gunshot wound to the right leg.

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

On April 24, the prosecution re-called an Metropolitan Police Department (MPD) investigator, who was not assigned to the case, but used his 20 years of experience to discuss slang terminology, such as “dog” or “slide” used in text messages between Steele and Nelson.

The investigator stated that it’s possible for terms to have multiple meanings depending on the context.

The investigator interpreted “I lost my man I can never chill,” which was a message Steele allegedly sent on the evening of March 1, 2020, plotting revenge for the death of Tahlil Byrd, 19, a rapper known as “Northwest Goon” who was shot on the 600 block of S Street, NW, Sept. 9, 2019.

Nelson allegedly replied, “think better, move better.”

The investigator emphasized that the text messages from Nelson tell Steele to be cautious with his actions, rather than take no action.

Two jail calls were also played for the jury. One made by an associate of Freeman’s who was arrested in Virginia on Aug. 1 on separate charges, talks about the use of a firearm.

The associate continued the call by stating he wasn’t going to be charged for Lukes’ murder since he was detained when it happened, but was concerned about the effect it might have on his bond.

In the second call, the girlfriend of Freeman’s associate says, “They sold us a bad gun and that’s what it was.” Prosecution alleges the associate’s girlfriend is referencing Freeman.

The prosecution alleges that because the girlfriend of Freeman’s associate is also the sister of a close friend of Freeman’s, she would have knowledge of Freeman’s intentions in selling a “bad gun” to his associate through her brother.

The parties stipulated that the calls were valid and that the data to obtain the jail calls was accurately depicted in court and identical to records drawn from the Bureau of Alcohol, Tobacco, and Firearms (ATF).

DC Superior Court Judge Rainey Brandt said that while the jury was not allowed to consider statements in the first call as truth, statements made in the second call about a “bad gun” could be considered a statement of truth.

The jury had heard testimony from an Arlington Police Department (APD) officer who had been the one to arrest Freeman’s associate. After allegedly finding a firearm on Freeman’s associate, the officer traced the serial number of the gun back to Lukes’ homicide.

Past testimony from a forensic firearms analyst corroborated the APD officer’s suspicion and affirmed that the firearm found on Freeman’s associate was used in Lukes’ homicide.

More prosecution testimony is expected in the case.

Shooting Defendant who Previously Confessed Accepts Plea Deal

A shooting defendant, who previously confessed to participating in an incident, accepted a plea deal before DC Superior Court Judge Anthony Epstein while family members were escorted out.

Kamaree Robinson, 20, was originally charged with assault with intent to kill while armed and possession of a firearm during a crime of violence, for his involvement in a non-fatal shooting incident that injured one individual. The incident occurred on Aug. 23, 2023, outside a Subway sandwich shop on the 3900 block of Minnesota Avenue, NE.

Court documents allege that Robinson confessed to the incident soon after it had occurred through a text message. Following earlier hearings, both parties agreed regarding global plea negotiations.

On April 26, Robinson’s defense attorney, Wole Falodun, stated that Robinson would plead guilty to one charge of assault with intent to kill and one count of unlawful possession of a firearm during a crime of violence for this incident, and second-degree burglary in connection to an unrelated matter.

Through the deal, parties agreed to follow the sentencing guidelines, which require Robinson to serve between five-and-15 years of incarceration.

Judge Epstein then enquired to the defendant’s willingness to plea, to which Robinson affirmed that he is knowingly waiving his rights and pleading guilty.

Family members and friends of Robinson were present at the hearing, and some were seen taking photos and laughing . Two of them were asked by US Marshals to stop communicating with Robinson, and were later escorted out of the courtroom.

Sentencing is scheduled for July 12.

Attorney Claims There Was a ‘Failure to Investigate’ Fatal Shooting at Preliminary Hearing

Parties argued for probable cause in a fatal shooting that killed one teenager and seriously injured another in an April 25 hearing.

Tyree Bratcher, 17, is charged with second-degree murder while armed for his alleged involvement in the death of 18-year-old Tyreek Moore on Jan. 22 on the 4600 block of Minnesota Avenue, NE. One other individual received non-life threatening injuries.

Bratcher is tried as an adult under Title 16, which allows the US Attorney’s Office to prosecute juveniles as adults for serious crimes, such as murder and severe shootings.

According to court documents, Moore and several other individuals were on a “joyride” through their neighborhood when they were pursued by a vehicle allegedly driven by Bratcher. Video surveillance showed an unidentified individual hanging out the rear passenger window of Bratcher’s vehicle with their arm pointed at Moore’s vehicle. After both vehicles drive out of sight, three shots are captured by surveillance audio.

The lead detective on the case from the Metropolitan Police Department (MPD) testified that video surveillance also showed an individual identified as Bratcher allegedly speaking to the driver of a black BMW after leaving school. A few minutes later, an individual believed to be the shooter exits the BMW and enters Bratcher’s car moments before the shooting.

The shooter in this case has yet to be identified by MPD.

Bratcher’s defense attorney, Sylvia Smith, argued that there was not enough evidence to prove Bratcher had any idea a shooting was going to occur. Specifically, the detective was not able to provide any evidence of Bratcher and Moore interacting before the shooting or provide a definitive motive for Bratcher’s involvement in the incident.

According to Smith, there was a “lack of motive, lack of reason to carry out the shooting” for Bratcher’s involvement based on the evidence.

Smith also claimed there had been a “failure to investigate” by the MPD because several witnesses were identified by MPD but were never interviewed.

In Bratcher’s interview with the police, he admitted he did know the shooter was armed, but maintained he had no idea a shooting was going to occur. Smith also pointed out that, at the time of the shooting, Bratcher’s view of the firearm was obscured as the shooter leaned out of the window.

“Bratcher is not the shooter,” concluded Smith. “He did not know the shooter was going to shoot.”

The prosecution refuted Smith’s claims, pointing out Bratcher’s car was identified on video surveillance, Bratcher admitted to being the driver in the vehicle, and he knew the shooter was armed.

According to the prosecutor, it was Bratcher’s decision to continue pursuing Moore’s vehicle knowing the shooter possessed a firearm, which made him culpable for the shooting.

“To suggest he didn’t know that goes against the evidence and facts of the case,” said the prosecutor.

Due to time constraints, parties will reconvene on April 26.“There are some additional matters to address,” said DC Superior Court Judge Maribeth Raffinan.

Homicide Victim’s Friend Testifies He Returned Fire Against Alleged Juvenile Killer

A homicide victim’s “close friend,” told DC Superior Court Judge James Crowell he shot back at his friend’s killer as the suspect fled the scene.

The juvenile, a 16-year-old boy, is charged with first-and-second-degree murder while armed, assault with intent to murder, assault with intent to kill, carrying a pistol without a license, possession of an unregistered firearm, and possession of ammunition, for his alleged involvement in the fatal shooting of 27-year-old Jihad Darden. The incident occurred on Dec. 18, 2023, on the 5400 block of Illinois Avenue, NW.

On April 25, the prosecution called Darden’s best friend, who said he knew him “basically my whole life,” and was with him at the time of the murder, to testify regarding his experience.

According to the friend, he and Darden had gone to the Lucky Corner Store on the 5400 block of Georgia Avenue, NW, to “buy some stuff,” before going to get food.

As the two left the store, Darden stopped to speak with multiple people before heading back to their car, which was parked on Illinois Avenue, the witness said.

As they made their way to the car, an individual ran up behind them, shot at Darden multiple times, before running the opposite way on Georgia Avenue. The witness testified that, after Darden was shot, he returned fire at the suspect as he ran away. The witness’ testimony was corroborated by surveillance footage presented by prosecutors.

“He looked at me,” said the witness, stating that Darden was on the ground, but still alive.

When asked how his relationship with Darden was, the witness stated he was a “good friend of mines… he’s like fam.”

According to the witness, people in the area helped him load Darden in his vehicle as officers from the Metropolitan Police Department (MPD) arrived. He testified to seeing “holes in his back,” when they loaded Darden in the vehicle.

He told officers he “had to take him to the hospital quick,” said the witness.

“Everything was blurry to me,” he said, continuously stating he had to act fast.

The first-responding officer from MPD said he was in the area of the incident when he heard gunshots. He and his partner began to canvass the area, before ShotSpotter alerted the shots had been at Kennedy Street and Illinois Avenue, NW.

The officer told Judge Crowell that multiple people led them to the vehicle where Darden was lying in the back seat.

He testified that he let the friend rush him to the hospital and sent out a lookout for the vehicle, which was later found at Howard Hospital.

According to the officer’s body-worn camera, which was displayed to the court, the officer arrived at the scene, approached the vehicle, opened the back door, causing Darden’s legs to fall out of the vehicle, before shutting it and sending the car on its way.

According to the officer, he went to the Lucky Corner Store to request access to their cameras to review what had occurred. The surveillance footage, which has been presented in court multiple times, showed the shooter run up to the victim and his friend, open fire, and run away.

Prosecutors also called an assistant principal from Prince George’s County, MD Public School System, who interacted with the defendant on multiple occasions throughout this school year, including multiple disciplinary issues.

According to the witness, the defendant’s attendance records showed he was absent from Dec. 15 to Dec. 18. As of now, the defendant is no longer enrolled in school.

Surveillance footage from one of the school’s staircases, in the weeks leading up to the murder, showed an individual, who the witness identified as the defendant, walking up and towards a hallway.

According to the witness, officers from MPD met with him at the school and had him identify an individual in two images. He told Judge Crowell the individual in both images was the defendant, and identified him in court.

Parties are slated to return May 6.

Defendant Accused of Shooting Ex-Girlfriend 52 Times Wants To Represent Himself

A homicide defendant dismissed his counsel after informing the court he wished to represent himself in his upcoming trial in DC Superior Court Judge Maribeth Raffinan’s courtroom.

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. No other injuries were reported.

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

At the time of the shooting, Williams’ and Jones’ two children were inside the apartment, along with three other children.

Jones allegedly called the police after fleeing the scene, identifying himself as the shooter and asking the police if Williams was still alive. Jones and Williams’ son, who was present for the shooting, also identified his father as the shooter to the police.

Jones motioned to dismiss his counsel and represent himself in his trial. No reason was given in front of the court.

His current defense attorney, Carrie Weletz, however, did not oppose this. “I would ask to be excused,”Weletz said, if Judge Raffinan were to approve the motion.

Judge Raffinan ordered Jones to undergo two more mental competency exams before granting his motion due to a past report that determined Jones incompetent to stand trial. She also cited this was a requirement of all those wishing to represent themselves.

“My suggestion to you is to have Ms. Weletz continue to represent you,” said Judge Raffinan in the April 25 hearing.

Jones maintained his desire to represent himself.

Parties are slated to reconvene May 29.

Judge Grants Homicide Defendant Modified Release Conditions

DC Superior Court Judge Marisa Demeo agreed to modify the release conditions of a homicide defendant from home confinement in an April 26 hearing.

Gregory Smithwick, 32, is charged with first-degree murder for his alleged involvement in the fatal shooting of Vernon Davis, 34, on Sept. 13, 2013, near the 1900 block of Third Street, NE.

Smithwick’s defense attorney, James King, motioned to modify Smithwick’s release conditions so he could attend work for a landscaping company. King is requesting Smithwick to be allowed to travel to designated job locations from Monday through Saturday from 8 a. m. to 6 p. m.

According to the Pretrial Services Agency (PSA), Smithwick has been compliant with his release conditions and has been regularly reporting to his PSA officer since Jan. 30.

Of note, according to PSA, Smithwick has other cases against him in Maryland, however, the details of those charges were not specified during the proceeding.

According to Smithwick’s Maryland probation officer, he has been compliant with his supervised release conditions. Smithwick’s PSA representative did not request or recommend any changes to his conditions.

The prosecution also did not oppose the modification of Smithwick’s release conditions.

Judge Demeo granted the modification of release conditions and Smithwick is permitted to leave his residence to attend work at the designated list of locations.

Parties are slated to return on June 6.

Shooting Defendant Pleads Not Guilty to 12 Count Indictment

A shooting defendant pleaded not guilty and asserted her constitutional rights during an arraignment before DC Superior Court Judge Andrea Hertzfeld.

Angela Milhouse, 58, is charged with assault with a dangerous weapon, endangerment with a firearm, two counts of carrying a pistol without a license, two counts of possession of a prohibited weapon, possession of a firearm during a crime of violence, simple assault, possession of an unregistered firearm, unlawful possession of ammunition, and destruction of property, for her alleged involvement in a non-fatal shooting incident that occurred on Dec. 13, 2023, on the 5000 block of Astor Place, SE. No injuries were reported.

According to court documents, Milhouse allegedly shot at a sliding glass door of an apartment’s balcony, causing it to shatter. The complainant stated that she wasn’t home when her sliding glass door was shot out, but she returned in response to a phone call from her fiance. He told police that he had heard a gunshot while seated in the living room, before the sliding glass door broke.

On April 26, Milhouse’s defense attorney, Ferguson Evans, alerted the court she was pleading not guilty to all charges and asserting her constitutional rights, including the right to a speedy trial.

The prosecution told Judge Hertzfeld they had sent over a plea offer, but the defense needed additional time to review it.

Parties are slated to return May 8.

Shooting Defendant Pleads Not Guilty to Five Indictment Charges

A defendant, charged in connection to a 2017 shooting, was arraigned in front of DC Superior Court Judge Errol Arthur, following the conclusion of a sentence in Montgomery County, MD.

Marcus Nicholson, 35, is charged with unlawful possession of a firearm, carrying a pistol without a license, unlawful discharge of a firearm, possession of an unregistered firearm, and unlawful possession of ammunition for his alleged involvement on March 11, 2017, in a non-fatal shooting that occurred on the 800 block of Barnaby Street, SE. No injuries were reported.

According to court documents, detectives from the Metropolitan Police Department (MPD) arrived on the scene after a ShotSpotter monitoring device reported the sounds of eight gunshots.

Nicholson was allegedly sitting inside a Ford Ranger pickup truck located in the parking lot. Detectives searched the vehicle and reportedly found several shell casings and a black and silver covered semi-automatic in plain view.

On April 26, Elizabeth Weller, Nicholson’s attorney, alerted the court he was pleading not guilty to all five charges in the indictment and asserted his constitutional rights, including a speedy trial.

The trial is set for Oct.15.

Homicide Case Delayed Due to Defendant’s Refusal to Appear in Court

DC Superior Court Judge Marisa Demeo continued the case of a homicide defendant following his refusal to appear in court in an April 26 hearing.

Darius Anderson, 23, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and two counts of carrying a pistol without a license for his alleged involvement in the fatal shooting of 30-year-old Israel Mattocks. The incident occurred on June 15, 2022, on the rear of the 3900 block of Minnesota Ave., NE.

According to Anderson’s defense attorney, Wole O. Falodun, Anderson decided not to appear in court. Falodun didn’t specify why Anderson refuse.

Due to his failure to appear, the case was delayed.

Parties are slated to return on May 17.

Non-fatal Shooting Defendant Granted Time to Consider Plea

A non-fatal shooting defendant was granted additional time to consider a plea deal by DC Superior Court Judge Erik Christian.

Jordan Therman, 25, is charged with unlawful possession of a firearm and assault with a dangerous weapon, for his alleged involvement in a non-fatal shooting that injured two individuals on Feb. 7 on the 3900 block of Martin Luther King Jr. Avenue, SW.

During an April 25 hearing, defense attorney Claudine Harrison informed the judge that a plea deal was offered by the prosecution; however, Therman has not made up his mind because need more time to understand the terms.

If Therman pleads guilty to one count of possession of a firearm during a crime of violence all other charges would be dismissed.

According to court documents, the complainants entered a 7-Eleven store to make a purchase. As they were leaving the store, they allegedly spotted Therman wearing a ski mask but didn’t feel threatened as they spotted a Metropolitan Police Department ( MPD) cruiser near the parking lot.

As they entered the vehicle, Therman allegedly said “I’ll kill everybody in that car,” before shooting.

Harrison also told Judge Christian that she wanted to withdraw from this case due to the lack of communication with her client. She said she believes that another defense attorney would be able to explain the terms of the plea to make it easier for Therman to understand.

Judge Christian denied Harrison’s request to withdraw from the case and granted Therman additional time to consider the plea.

Parties are set to reconvene May 20 for a status hearing.

Document: MPD Investigating Fatal Shooting in Northwest

The Metropolitan Police Department (MPD) is investigating a fatal shooting that occurred on April 25 on the intersection of 10th and Spring Road, NW.

According to MPD documents, officers responded to the location for the sounds of gunshots, where they located three victims. An adult male was found suffering from multiple gunshot wounds, and after all lifesaving efforts failed, he was pronounced dead. An adult female and a teenage male were transported to a local hospital for treatment.

The victim’s identity is being withheld pending next of kin notification.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide in the District.

Document: MPD Investigating Fatal Shooting in Southeast

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on April 24 on the 2300 block of Ainger Place, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a male teenager suffering from multiple gunshot wounds. He was transported to a local hospital, where he succumbed to his injuries.

He was identified as 17-year-old Quentin Brown.

MPD offers a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide in the District.

Document: MPD Seeking Man Wanted for Northeast Shooting

The Metropolitan Police Department (MPD) is seeking the public’s assistance in locating a wanted suspect in connection to a shooting that occurred on April 23 on the 4800 block of North Capitol Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male and a five-year-old girl suffering from gunshot wounds. They were transported to a local hospital for treatment of their injuries.

The suspect was identified as 29-year-old Alante Partlow, and he has an arrest warrant charging him with aggravated assault while armed.

The investigation revealed Partlow and the victims were known to one another.

His photo can be seen below.

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