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Defense Debunks Evidence Prosecutor Says ID’s Shooter in a Homicide

A jury in DC Superior Court Judge Michael O’Keefe’s courtroom heard conflicting views of evidence said to identify the shooter in a 2021 homicide

Eric Davis, 60, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the murder of 41-year-old Theodore Riley on the 1600 block of Gales Street, SE on July 19, 2021.

During a previous hearing, a Metropolitan Police Officer (MPD) testified that the crime scene is known is a hang out for drug use and dealing. That could explain how Davis and Riley knew one another even though a specific motive has yet to be established for the killing. 

In their opening on April 17, the prosecutions said Riley and Davis were walking together when they entered an alley in the neighborhood. 

“Less than 30 seconds after he [Riley] went into the alley, he was shot in the temple from three feet away,” the prosecution said. “The defendant then left the body in the alley surrounded by discarded trash.” 

Using the surveillance footage from several nearby locations, the prosecution said the video shows both Riley and Davis entering the alley together. However, only Davis is seen leaving. 

“You don’t see anyone enter or leave the alley, except the defendant,” the prosecution said. 

The prosecution detailed how the surveillance footage also shows an individual identified as Davis covering his face with a wool mask and changing into a long-sleeved shirt before entering the alley. The prosecution noted the warm weather on the day of the incident.  

“The defendant.. is the one who took the extra steps to change his appearance,” said the prosecutor. 

However, Davis’ defense attorney, Howard McEachern, saw the facts differently. 

“The prosecution’s lack of a case is pretty clear,” McEachern said. “You’re not going to hear about video evidence of a shooting and you’re not going to hear about a weapon connected to Davis by DNA evidence.” 

McEachern concluded that there is not enough “hard evidence” in this case to find any other verdict but not guilty. 

“You are left with an incomplete investigation by police and an incomplete case,” McEachern said. 

The prosecution later called a Metropolitan Police Department officer who was responding to a call reporting gunshot sounds in the area. He said he was approached by an individual from the neighborhood who had noticed a body in the alleyway. 

“There was a man lying face down in the alley,” the officer said. “So I acted to preserve the crime scene right away.” 

During cross-examination, the defense mentioned the possibility of someone leaving the alley and exiting through someone’s backyard so as not to be seen on camera. 

“Parallel to the alley is 16th Street, NW,” McEachern said. “As you’re walking down that alley, you’re seeing those backyards. So, instead of there only being one way to exit the alleyway, all of a sudden there are multiple.”  

The officer said this was possible but not likely because those homes are “blocked off” by fences.

The prosecution also called a forensic scientist to testify about the lack of DNA evidence found on a napkin that was collected from the scene.

The specialist said, although no DNA found on the napkin, this does not mean that Davis and Riley were not present at the scene. 

“I only was able to test a small part of the napkin,” the specialist said.

Riley’s wife also testified at the hearing and she was asked to remember what she could about the morning of the incident. 

“He told me he loved me and that he would see me again that evening,” the witness said. 

Parties are slated to return on April 18. 

Judge Continues Sentenced Shooting Defendant’s Probation

A defense attorney pleaded for DC Superior Court Judge Jennifer Di Toro to continue a defendant’s probation despite violations for trying to stay with his mother.

James Young, 55, was previously sentenced for attempted robbery and carrying a pistol without a license outside home or place of business, in connection to an armed robbery and shooting incident that occurred at a WAWA on the 1200 block of Wisconsin Avenue, NW, on Aug. 30, 2022.

On June 15, 2023, Young pled guilty, and was transferred to his home state of Kentucky on probation after serving 24 months.

In an April 18 hearing, Young’s defense attorney, Joseph Fax, stated that Young was “in a persistent psychotic state” during the WAWA incident, since he was off his medications at the time.

Fax argued that the probation violations are due to Young attempting to sleep at his mother’s home in a retirement facility, but his criminal history was considered a safety issue.

Young is “bouncing between being homeless and sleeping where he’s not supposed to,” Fax said.

Fax added that Young is currently taking medication for his mental condition.

The prosecution argued that Young absconded from supervision, despite being aware of the seriousness of the crime, during which he was “walking around the street, and firing multiple times, while trying to grab as many cigarettes he could hold in his hands.”

While sympathizing with his mother’s situation, the prosecution requested that Young’s probation be revoked.

Judge Di Toro ruled that Young’s compliance with keeping up with mental health treatment is “the key to keeping him and the community safe.”

Judge Di Toro ruled to not revoke Young’s probation.

No further dates were scheduled. 

Defendant in Metro Shooting Waives Preliminary Hearing

A defendant in a Metro shooting waived his right to a preliminary hearing before DC Superior Court Judge Lloyd Nolan Jr. on April 17.

Jaleel Fowler, 26, also known as “White Boy”, 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 at the Georgia Ave-Petworth Metro Station on the 3700 block of Georgia Avenue NW Washington, D.C., on Dec. 8, 2023. One victim, a teenage boy, was injured and sent to the hospital.

According to the prosecution, Fowler can be seen on surveillance footage following the victim before shooting him.

Fowler was identified as the suspected “Metro shooter” by a victim of a later armed robbery incident that occurred on Dec.16. 

During that incident, along with another suspect, Fowler is accused of pointing a pistol and demanding the victim “give that s**t up,” which included his wallet and one hundred dollars.

In a phone call with the detective on his case, the victim acknowledged recognizing Fowler from seeing him on the news in connection with the Georgia Ave-Petworth Metro Station shooting.

During the hearing, Fowler’s defense attorney, Raymond Jones, alerted the court he was waiving his right to a preliminary hearing.

Parties are slated to return on June 4.

Judge Says All Defendants Involved in Some Capacity, Denying Severance in Mass Shooting

DC Superior Court Judge Robert Okun denied a motion to sever the cases of multiple homicide co-defendants in a mass shooting, indicating they were all involved in some capacity. 

Erwin Dubose, 30, Kamar Queen, 27, William Johnson-Lee, 21, and Damonta

Thompson, 21, are four of six individuals charged with conspiracy, first-degree murder while armed, and assault with intent to kill, among other charges, for their involvement in the mass shooting that claimed the lives of 31-year-old Donnetta Dyson, 24-year-old Keenan Baxter, and 37-year-old Johnny Joyner.  

The incident occurred on the 600 block of Longfellow Street, NW on Sept. 4, 2021, and left three others suffering from injuries. 

According to prosecutors, the defendants are part of the TRU Crew, which is also known as the “Tuff Real Understanding” Crew. Prosecutors claimed the crew is a street gang who are believed to commit crimes throughout the city. 

On April 12, the prosecution described Dubose, Queen, and 31-year-old Mussye Rezene, who is charged in connection to this incident with accessory after the fact, as being the “ring leaders” of the alleged conspiracy. Rezene was previously convicted of killing a teenager in 2021.

Multiple defendants, through counsel, filed motions to sever their cases from the group. 

Peter Fayne, Johnson-Lee’s defense attorney, claimed the prosecution is only charging him because he appeared in Dubose and Queen’s rap videos, insisting there is no evidence that proves he was part of the shooting. 

Likewise, Elizabeth Weller, Thompson’s defense attorney, argued there is little evidence mentioned against him in the case, adding he doesn’t appear in any of the other defendants’ rap videos. 

However, the prosecution objected to the request, stating that the accumulated evidence they will present at trial proves the defendants acted together and were aware of each other’s actions in the incident.  

Judge Okun denied the request for severance, stating he has no doubt they were each involved in some capacity in the crime.

Multiple follow-up court appearances were scheduled for the defendants. 

Judge Cites ‘Seriousness’ of Shooting in Maintaining Release Conditions

DC Superior Court Judge Jason Park denied a shooting defendant’s request to modify her release conditions based on the “seriousness” of the offense.

Diamond Early, 31, is charged with one count of assault while armed and one count of possession of a firearm during a crime of violence for her alleged involvement in a shooting which took place on July 31, 2023 on the 400 block of Kansas Avenue, NW.  

According to court documents, the victim told the Metropolitan Police Department (MPD) that Early had “pushed her 6-year-old nephew hard in the face” as a response to a physical altercation between Early’s children and her own.

According to MPD’s report, the victim felt Early’s actions were “out of line” and confronted her. At that point Early allegedly shot and injured the victim. 

In an April 18 hearing, Early’s attorney, Antoni Jones, asked the court to remove Early’s GPS monitor, arguing she has been compliant since it was attached in November 2023. 

The prosecution stated that even though Early has been compliant, the monitor should stay on in the interest of public safety concerns. 

Judge Park denied the defendant’s request,  “Because of the seriousness of this case; that’s as far as I will go.”

During the hearing, parties alerted Judge Park they have been discussing plea negotiations since December 2023.

According to prosecution, the defense had made its latest counter offer to the plea the morning of the hearing.

As a result, the prosecution asked Judge Park for a continuance so they can review the proposal. 

“That’s fine, but let’s be done with this,” said Judge Park and he urged parties to come to a consensus for the next hearing.

The details of the plea offer were not specified during the hearing.

Parties are slated to return on May 8.

Defendant Testifies He Was ‘Afraid for My Life,’ In Homicide Trial

“I was afraid for my life,” said a homicide defendant during a jury trial on April 17 before DC Superior Court Judge Anthony Epstein’s courtroom. 

Stephon Williams, 32, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol outside a home or business for his alleged involvement in shooting his 49-year-old father Stephen Magruder on Sept. 11, 2020, on the 700 block of 51st Street, NE.

According to previous testimony by Magruder’s widow, the shooting was the likely result of a disputed five dollar marijuana transaction.

Jason Tulley, Williams’ defense attorney, called him to testify regarding his childhood and the events leading up to the shooting. Williams repeatedly stated his father “punched [him] at will,” and that he often used a “three-piece,” a reference to three punches delivered in sequence. He added that his father also punished him with a jump rope, belt, and stick.

“Every time he hit me I would cry as a kid, ”he said

Williams stated his mother was unaware that Magruder beat him repeatedly even though Magruder was accused of abusing her.

During his testimony, Williams said Magruder bragged about his involvement in beating a man with a chain.

Regarding the shooting, Williams stated after he got marijuana from Magruder. They got into a confrontation about five dollars and Magruder began punching Williams repeatedly. 

“He said he was gonna hurt me and kill me,” Williams told the court.

As Magruder was beating him, Williams said “I love you and I’m your son.” However, Magruder continued to punch him. Williams testified that, during the struggle, Magruder tugged at a fanny pack that Williams was wearing, causing a gun used to fall out of it.

Both men reached for the gun as Williams retrieved it. 

“I thought he was going to kill me,” testified Williams, adding that “everything happened so quick” and he “didn’t want to shoot [Magruder].” 

According to Williams, after the incident, he “left the area” and dumped the gun in a trash can. 

“I wish it never happened,” insisted Williams, expressing that he still misses his father. 

On cross-examination, the prosecution asked Williams about the time he spent with Magruder when he was a child. 

Williams said he met him occasionally as a child and sometimes spent weekends with his father, but they never lived together. He added that, as an adult, he occasionally spent time with Magruder at a recreational center. 

When asked what would cause his father to beat him, Williams shared that Magruder, “hit me even when I never argued.”  

According to Williams, during the killing he told Magruder he had the money. However, Magruder kept punching him. 

Following Williams’ testimony, Tulley called previous victim of a traffic assault by Magruder. 

According to the victim, in 2017, while cycling in the District of Columbia, he was assaulted by a man driving a silver SUV.

While waiting at a red light, the silver SUV “clipped” his bike and cut him off while yelling profanities at him.

The victim testified he continued biking, and at the next block the man driving the silver SUV pulled over and exited his vehicle. The driver grabbed a motorcycle chain from his trunk and started “swinging” at him.

According to the victim, the driver was, “just really angry.” 

He testified that, after being hit multiple times by the driver, he was able to get away. He photographed the license plate of the vehicle and called 911 as the driver left.

The victim testified that he suffered from severe bruising and internal bleeding due to the incident. 

He identified the suspect, who was prosecuted and pleaded guilty, as Magruder.

Parties will meet again for trial on April 18.

Defendant Rejects Two Plea Offers in 2021 Homicide Case

On April 17, a defendant rejected two plea offers relating to a 2021 homicide case before DC Superior Court Judge Rainey Brandt 

Idrissa Fall, 37, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the murder of Dara Northern, 29, on the 6100 block of 4th Street, NW, on July 18, 2021.

According to court documents, Fall is alleged to have shot Northern as she was sitting in the passenger seat of the vehicle of one of her friends. A witness statement explained that the two “appeared to have just had an argument.” 

According to court documents, another witness who lived with the two had stated that the argument had allegedly spawned from the defendant’s “paranoia because the decedent had gay friends.”

The witness had also identified Fall as the victim’s ex-boyfriend.

At a previous trial readiness hearing on April 8, Fall had requested a week to consider two plea offers that had been previously extended to him by the prosecution.

Both plea offers would have Fall plead guilty to second-degree murder while armed.

As part of the first plea offer, Fall would also plead guilty to unlawful possession of a firearm.In exchange, all other charges against Fall in this case as well as a separate case would be dismissed.

The second plea offer would also have Fall plead guilty to second-degree murder while are, resulting in 19 years of incarceration. In exchange, the prosecution would agree to dismiss additional charges, and remove the hate crime element being pursued in this case.

Fall’s defense attorney, Wole Falodun, indicated that Fall intends to maintain his current trial date of Nov. 18, thereby rejecting both plea offers.

In response, the prosecution stated that the plea offers had expired with Fall’s rejection. Parties discussed dates for a motion hearing.
Parties are expected to reconvene on Oct. 1 for a motions hearing, and Fallis expected back in court on April 24 for a separate case with DC Superior Court Judge Andrea Hertzfeld.

Homicide Defendant Scheduled For Trial After Nine Years

On April 12, a homicide defendant whose case has been in adjudication for nearly nine years, received his trial date. 

George Edwards, 34, was charged with first-degree murder while armed, four counts of assault with intent to kill while armed, and five counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 28-year-old Reginald Perry on Nov. 7, 2015, on the 1700 block of 8th Street, NW. 

On Sept. 8 2016, Edwards initially accepted a plea deal in which he pleaded guilty to second-degree murder while armed, in exchange for a dismissal of all other charges. However, in November 2016, he filed a motion to withdraw the plea. 

Edwards was ultimately sentenced to 24 years incarceration and five years supervised release on Nov. 16, 2017. 

However, the DC Court of Appeals ruled last year that Edwards had the right to withdraw his original guilty plea.    

On Friday, the prosecution said Edward’s DNA was a likely match for samples found on several of the items tested, including two pistols, two magazines, blood in the vehicle, and blood on a baseball cap.

According to court documents, multiple firearms and other pieces of evidence were recovered from the scene and have been tested. 

Edwards waived his right to independently test these items before DC Superior Court Judge Michael O’Keefe. 

After almost nine years, the case is scheduled to be re-tried in October.

Parties are slated to return on Oct. 11 for a trial readiness hearing.

Homicide Defendant Rejects Plea Offer To Reduce Maximum Sentencing  

On April 17, DC Superior Court Judge Michael O’Keefe heard a first-degree murder defendant reject the prosecution’s plea deal. 

Da’John Blunt, 23, is charged with first-degree murder while armed for his alleged involvement in the shooting of 34-year-old Kevin McDowell on the 2100 block of H Street, NE, on Aug. 19, 2023. 

The maximum sentence for Blunt’s charge of first-degree murder is 30 years in prison. The plea deal originally extended by the prosecution would lower the maximum sentence from 10-to -15 years, and stated the prosecution would not seek an indictment, but Blunt declined.  

Blunt confirmed he’d reviewed the offer with his defense attorney, Kevin Mosley, prior to the hearing. 

“I’ve had enough time to think about the offer,” Blunt said. 

Parties are slated to return on Aug. 2. 

Judge Orders Homicide Defendant Transferred From St. Elizabeths to DC Jail After Rejecting Plea

On April 17, a homicide defendant rejected a plea offer from prosecutors and was transferred from St. Elizabeths Hospital to the DC Jail.

Terry Thompson, 32, is charged with premeditated first-degree 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 fatal shooting of 64-year-old Christopher Callahan on May 15, 2023 outside a 7-Eleven on the 3900 block of Martin Luther King Jr. Avenue, SW.

Thompson was at St. Elizabeths for mental observation.

According to court documents and surveillance video, which was not shown in court, a verbal altercation ensued, after which an individual, identified as Thompson, struck Callahan over the head with a duffle bag while Callahan was sitting on his walker. 

Thompson then pointed the duffle bag, which contained a rifle, at Callahan’s head, before allegedly shooting and striking him. The individual, identified as Thompson, was seen walking away, coming back to the scene, and pointing the bag at Callahan’s head again as he laid on the ground, before fleeing the scene.

The prosecution told before DC Superior Court Judge Rainey Brandt that they had offered Thompson two plea deals prior to the hearing. 

Both plea offers would require Thompson to plead guilty to second-degree murder in exchange for a dismissal of all other charges.

According to prosecutors, had he accepted the first offer, parties would have agreed to a sentencing of  18-to-22 years of incarceration. 

Similarly for the second plea offer, parties would have agreed to a sentencing range of 14-to-26 years of incarceration. 

In exchange for both plea offers, the prosecution would drop all other charges and waive enhancements.

Pierce Suen, Thompson’s defense attorney, alerted the court he was rejecting both offers and requested a trial date.

After Thompson rejected the offers, the prosecution highlighted a report at the Department of Behavioral Health (DBH) indicating Thompson mentally competent to stand trial. They stated, “The defendant does not need to be at St. Elizabeths moving forward.”

Judge Brandt agreed, stating that due to Thompson’s competency, he would be required to be transferred to the DC Jail immediately.

“I’ve got no legal basis to keep him at St. Elizabeths at this point,” she said.

Pierce Suen alerted the court of his wish to withdraw from the case, requesting two months for the Public Defender Services (PDS) to find Thompson a replacement.

The prosecution opposed the request, exclaiming “This case needs to be set for trial,” noting that Thompson’s case has been delayed for nearly a year despite a timely indictment.

Judge Brandt ruled she would give the defense no more than 30 days to transfer the case to a new defense attorney.

A status hearing to set a trial date is scheduled for May 17.

Defendant Accepts Plea Deal for Shooting at Party

On April 17, a non-fatal shooting defendant accepted a plea deal in DC Superior Court Judge Heidi Pasichow’s  courtroom.

Tyequan Taylor, 27, was originally charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business for his involvement in a non-fatal shooting on August 22, 2023, on the 500 block of Taylor Street, NW. No injuries were reported. 

According to prosecutors, Taylor assaulted three victims attending a social event after they confronted him about a brewing physical altercation with his girlfriend. Taylor then walked towards the front of the residence and shot a firearm in the air, before fleeing in a vehicle belonging to one of the individuals who confronted him.

Taylor accepted a plea offer extended by the prosecution, which required he plead guilty to one count of assault with a dangerous weapon and one count of unlawful discharge of a firearm, in exchange for the prosecution not seeking an indictment. 

Judge Pasichow found Taylors’ plea to be “knowingly and voluntary” in accepting it.

Sentencing is set for July 11. 

Judge Continues Preliminary Hearing for Co-Defendants in Shooting Case

On April 17, DC Superior Court Judge Robert Okun continued a preliminary hearing for an assault with intent to kill case, agreeing to a defense request for additional time to prepare.

Nahvarj Mills, 31, and his co-defendant Devin Roberts, 30, are both charged with two counts of assault with intent to kill while armed with a firearm, two counts of assault with a dangerous weapon, and contempt for violating a stay away order from the victim, for their alleged involvement in an attempt to shoot Mills’ ex-girlfriend on January 21 and January 23, at her home on the 700 block of 51st Street, SE.

During the hearing, Mill’s defense attorney, Brian McDaniel, requested more time to prepare for the preliminary hearing. Additionally, McDaniel requested Mills be released to home confinement and be monitored by a global positioning system (GPS).

The prosecution opposed the request due to Mills’ history of stalking, and disregard for the safety of the victim, Mills’ family, and the community.

Judge Okun denied Mills’ request for release and ordered he be held pending further proceedings.

Parties are slated to return May 24.

Suspect Accused in Wife’s Killing Rejects Two Plea Offers 

On April 17, a man accused of killing his wife rejected two plea offers extended by prosecutors before DC Superior Court Judge Marisa Demeo.

Charles Terry Jr., 59, is charged with first-degree murder for allegedly strangling and beating his wife, 39-year-old Lennette Clark, in their home while their two children were present. The incident occurred on Jan. 30, 2023 on the 1500 Block of Anacostia Avenue, NE. 

The prosecution informed the court that they had previously extended two plea offers to Terry, which he rejected. 

According to the prosecution, the first plea would have resulted in Terry’s pleading guilty to second-degree murder with a sentence of 18 years of incarceration, in exchange for a dismissal of all other charges. 

Likewise, the second plea offer extended would have resulted in Terry pleading guilty to second-degree murder with a sentencing range of 14-to-22 years. 

Joseph Yarbough, Terry’s defense attorney, acknowledged the prosecution’s representations. 

The defense expressed interest in proceeding with trial in November 2025. 

Parties are slated to return July 19.  

Document: MPD Searching for Suspect’s Vehicle in Brightwood Shooting

The Metropolitan Police Department (MPD) is seeking the public’s safety in the search of a vehicle involved in a shooting on April 15 on the 6200 block of 13th Street, NW.

According to MPD documents, the suspect was traveling in a gray Toyota Camry at the location when they began shooting from their vehicle at a driver and passenger on a moped.

The occupants of the moped were both struck by gunfire, causing them to crash. Officers located the shooting victims and the moped, which had previously been reported stolen, at the location.

A firearm was recovered from the female victim. They were both transported to a local hospital for treatment of non-life-threatening injuries. Both were placed under arrest.

The shooting suspect fled the scene in a gray four-door 2016 Toyota Camry with Maryland tag 7DD0282. It’s rear bumper is damaged and hanging off the right side.

The vehicle was captured by surveillance footage.

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