The Metropolitan Police Department (MPD is searching for a suspect involved in a shooting on the 2400 block of Minnesota Avenue, SE on March 22.
Homicide Defendant Who Testified to Self Defense Acquitted of All Charges
On March 20, following a week-long trial, a homicide defendant was acquitted of all charges in DC Superior Court Judge Marisa Demeo’s courtroom.
Tierra Posey, 24, was charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business for her alleged involvement in the fatal shooting of 21-year-old Tia Carey on Jan. 6, 2020, at a gas station on the 3700 block of Minnesota Avenue, NE.
While both parties agreed that Carey was the first aggressor as video surveillance showed, the prosecution attempted to prove Posey’s guilt by arguing that Posey had time to flee, so her use of a firearm was unnecessary.
“Did she need to use deadly force to repel Tia Carey?” the prosecutors asked during their closing argument. “The answer is unequivocally no.” Carey got into a fight with Posey when Carey caught her with her boyfriend.
The prosecutors also showed gas station video surveillance footage of the shooting and called various eyewitnesses to the stand, including the victim’s sister, boyfriend, and niece.
However, Carey’s boyfriend was reluctant to answer many of the prosecutor’s questions, and the other witnesses made contradictory statements about Carey’s and their actions during the incident. One eyewitness testified that Carey only arrived at the gas station to confront her boyfriend, while another testified that Carey happened upon Posey and her boyfriend by surprise. None of the prosecution’s witnesses testified to hearing Carey threaten Posey’s life.
Posey’s defense attorneys, Kevann Gardner and Quiana Harris, pointed out these contradictory statements in their closing argument.
During the trial, they presented evidence of Carey’s past arrests for domestic violence disputes, as well as calling an eyewitness to the stand that was unrelated to Carey. This eyewitness testified to hearing Carey make threatening statements to Posey during their physical altercation, but could not remember the specific words.
Most notably, Posey herself testified to her account of events and how she acted in self-defense. According to Posey, she had experienced a lot of gun violence in her past, and when she was attacked by a stranger who threatened her life, she reacted instantly.
“I was jumped, I was threatened,” Posey testified. “[Carey] said that she was going to kill me, and I believed it.”
Jury deliberations took less than a day, but ultimately, the panel of 12 acquitted Posey of all charges. Posey, who was already out on release, will remain in the community.
No further dates were set.
Homicide Defendant Accepts Wired Plea Deal
On March 21, a defendant pleaded guilty in a 2020 homicide case and a 2023 assault case before DC Superior Court Judge Rainey Brandt.
Jermaine Harris, 22, was originally charged with first-degree murder while armed, two counts of assault with intent to kill while armed, and three counts of possession of a firearm during a crime of violence, among other charges, in connection to the death of 38-year-old Lamar Walters on the 2400 block of Franklin Street, NE, on Jan. 6, 2020.
Court documents explain that Walters walked into the Washington Hospital Center suffering from multiple gunshot wounds on his body. He was later pronounced dead.
Harris is also charged with four additional counts including conspiracy, assault with intent to kill, unlawful possession of contraband into a penal institution, and carrying a dangerous weapon for his involvement in the stabbing of another inmate while being held in DC Jail.
In the wired plea deal with a co-defendant for the assault case, the prosecution offered Harris dismissal of greater remaining charges if he plead guilty to one count of voluntary manslaughter while armed for the shooting and one count of assault with intent to kill for the stabbing.
As a result of the plea, the parties agreed to a sentencing range of seven-to-nine years of imprisonment, after which Harris will be required to register as a gun offender.
The maximum sentence for both charges is 30 years imprisonment each.
Parties are slated to return June 13 for sentencing.
Homicide Defendant Remains on Pretrial Release Following Arraignment
In a March 22 hearing felony arraignment hearing, DC Superior Court Judge Robert Okun allowed a homicide defendant to remain on pretrial release despite alleged violations of his sobriety orders.
Dwayne Fountain, 44, is charged with premeditated first-degree murder while armed, possession of a prohibited weapon, and carrying a dangerous weapon outside a home or business by a prior convict, for his alleged involvement in the fatal beating of 47-year-old Marcus Carey that occurred on May 4, 2023 on the 3500 block of Hayes Street, NE.
During the hearing, a representative from pretrial services informed the court that Fountain tested positive for Phencyclidine (PCP) on March 7, in violation of his pretrial release conditions. In response, Judge Okun ordered intensive outpatient treatment for the defendant.
Fountain’s defense attorney, Jason Tulley, stated that Fountain was reasserting his plea of not guilty, and wants to go to trial.
All parties stated their intention to set a date for trial at the next status hearing on April 26.
Homicide Defendant Accepts Plea Deal
In a March 22 hearing, DC Superior Court Judge Robert Okun accepted a guilty plea from homicide defendant Antoine Lynch.
Lynch, 37, is charged with second-degree murder while armed for his involvement in the shooting of Devonte Maxwell, 30, on the 2300 block of Pennsylvania Avenue, SE.
During the hearing, Lynch’s defense attorney, Gemma Stevens, alerted the court they had come to an agreement with the prosecution. The plea deal required Lynch plead guilty to second-degree murder while armed, in exchange for the prosecution not seeking an indictment.
Sentencing for this matter is scheduled to take place on June 7.
Judge Denies Motion to Suppress Witness Testimony
On March 22, DC Superior Court Judge Anthony Epstein denied a motion to suppress the testimony of six witnesses in a homicide trial.
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 the shooting of his 49-year-old father Stephen Magruder on Sept. 11, 2020, on the 700 block of 51st Street, NE.
Jason Tulley and Kavya Naini, Williams’ defense attorneys, claimed that five of the witnesses would testify that they saw “violent acts” by Magruder towards Williams, Williams’ brother, and William’s mother while Williams was a child.
The prosecution argued that one witness’ testimony is hearsay or speculative because they did not know Williams’ state of mind and claimed he was hiding out of fear. However, Tulley noted that witnesses frequently mention people looking scared.
The prosecution also argued that the evidence is “more prejudicial than probative” when referencing the fact that Williams was not present during the incident in which his mother allegedly received a black eye.
However, the defense argued that Williams’ awareness of the situation speaks to his state of mind.
Judge Epstein noted that the testimony shows “evidence of Williams’ fearfulness”.
The last witness was Magruder’s wife at the time of his death. Niani stated that this witness would testify that she was a victim of domestic violence caused by Magruder and there are police reports to support this claim.
The prosecution’s main argument was that almost all of the abuse that Williams experienced happened before he turned 18. “There was a 10-year cooling off period,” said prosecutors as they pointed out that Williams was 29 years old at the time of the shooting.
The prosecutors further argued that Williams did not experience a “reasonable state of fear” because the abuse happened so long ago.
Tulley argued that although most of the abuse against Williams happened long ago, Magruder’s wife was being abused shortly before Magruder was shot showing a pattern of violence.
Tulley further noted that Magruder “physically struck” Williams shortly before the shooting, which triggered a flashback that resulted in Williams’ “imminent fear of death or serious bodily injury”.
“I don’t think that the prejudicial effect outweighs the probative value,” said Judge Epstein as he denied the prosecution’s motion and allowed the defense witnesses to testify.
Parties are slated to return April 1 for trial.
Young Defendant Sentenced to 10 Years on Homicide Charge
On March 22, 18-year-old Eugene Williams, was sentenced by DC Superior Court Judge Maribeth Raffinan to 10 years in prison for his involvement in a homicide.
The shooting incident occurred on Feb. 8, 2022 on the unit block of Chesapeake Street, SE. According to Metropolitan Police Department (MPD) documents, 16-year-old DeShawn Francis was found alive with a gunshot wound to the head but succumbed to his injuries on Feb. 11, 2022. The shooting occurred following a disputed marijuana deal of $200.
At the sentencing hearing, the victim’s stepfather said that although Williams demonstrated an eagerness to right his wrongs, “My son doesn’t get a chance to better himself. There are no second chances for us,” he said with tears in his eyes.
The prosecution said it is “almost more scary” that Williams had no prior criminal history because it highlights the abruptness of the act, emphasizing that, “Society deserves to be protected.”
The defense characterized Williams as a “wonderful man” who committed a “horrific act” due to his circumstances noting that, “If he was given the opportunities that other children had, he would not be before the court today.”
Williams’ attorney argued that he was neglected and abused and lacked resources growing up as mitigating factors.
Williams also wrote a letter to the court expressing remorse.
Judge Raffinan set a hearing in 30 days to start Williams’s sentencing, so he could pass one more test to obtain his GED.
She pointed to the defendant’s age, the fact that there was no previous criminal history, and the nature of the crime as factors behind her decision.
Next hearing date is scheduled for April 22.
Homicide Defendant Waives Right for DNA Testing
On March 22, homicide defendant Myron Hickson waived his right to independent DNA testing before DC Superior Court Judge Robert Okun.
Hickson, 36, is charged with second-degree murder while armed for his alleged involvement in the homicide of 38-year-old Maurice Frazier, which occurred on Oct. 28, 2022, on the 900 block of Bellevue Street, SE.
During the hearing, prosecution stated that they are not seeking any DNA testing for this matter.
Likewise, defense attorney Dana Page informed the court that the defendant was waiving his right to independent DNA testing.
Parties will reconvene on Aug. 23 for a pretrial status hearing.
2016 Murder Trial Again Delayed Over Mental Competency Issue
In a March 22 hearing before DC Superior Court Judge Robert Okun, a murder defendant’s trial was delayed.
Brandon Byrd‘s homicide trial was pushed to March of 2025 due to his inpatient status at St. Elizabeths psychiatric hospital, which was extended in early March.
Byrd, 28, faces second-degree murder charges for his alleged involvement in the killing of his father, Otis Byrd, 44, in a stabbing that took place Aug. 10, 2016, on the 100 block of Michigan Avenue, NW.
Byrd has been held for mental examinations since Nov. 4, 2016, and has been declared incompetent to stand trial since July 2017.
During the hearing, Byrd’s defense attorney, Craig Hickein, requested a motion to dismiss the case, which was adamently denied by Judge Okun for the second year in a row.
A status hearing is scheduled to take place on March 21, 2025, following the conclusion of the defendant’s renewed psychiatric inpatient status.
Prosecutors Deem Homicide Defendant a ‘Vicious, Violent Man’ at Sentencing
On March 22, DC Superior Court Judge Robert Okun sentenced a homicide defendant to 45 years of incarceration.
Mussye Rezene, 31, was convicted of first-degree premeditated murder while armed for his involvement in the death of 17-year-old Brayan Villatoro on Sept. 18, 2021, on the 1300 block of Nicholson Street, NW. Rezene was acquitted of possession of a firearm during a crime of violence and unlawful possession of a firearm by a prior convict.
According to prosecutors, Rezene lured Villatoro to an alley for his execution during a drug deal gone wrong.
During the sentencing hearing, prosecutors discussed Rezene’s violent past, stating that his intensely violent actions began in 2010 and have continued during his incarceration.
According to prosecutors, Rezene has multiple violent outstanding cases, which include charges of accessory after the fact and tampering with evidence in a multi-homicide case, and a first-degree murder charge for his alleged involvement in the fatal stabbing of an inmate at the DC Jail in October of 2023, among others.
His criminal history includes a 2017 stabbing of another inmate at the DC Jail. However, Jonathan Zucker, Rezene’s defense attorney, argued that conviction had been reversed by the Court of Appeals and downgraded to a misdemeanor.
In their arguments, prosecutors deemed Rezene an “unrepentant criminal,” adding that he lacks remorse and is a “vicious, violent man.”
They played multiple videos in court, which depicted an individual identified as Rezene stabbing 34-year-old Darrow Johnson multiple times on the head, in a physical therapy room at the jail. Johnson, who was accused of a murder, succumbed to his injuries days after the attack.
Another video, which portrayed a Metropolitan Police Department (MPD) officer’s body-worn camera footage from one of Rezene’s arrests, depicted an individual identified as Rezene pushing a young child out of his way as he attempted to elude officers. A wooden door crushed the child’s hand as Rezene slammed the door.
Prosecutors insisted Judge Okun “take him out of society and keep him out of [it],” stating that he sees criminal activity as a “game,” and does anything to ensure he and his associates “remain above the law.”
The prosecution also delivered a statement written by Villatoro’s sister, who stated Rezene’s actions changed her family’s lives forever, adding “you took away our pride and joy”.
Through her statement, the sister requested Judge Okun sentence Rezene to the maximum penalty, stating that Villatoro was “still a child with so much life left in him.”
“Deep down, I wish you nothing but the worst,” she added.
The prosecutors argued Rezene is part of a group of associates who “glorify violence” and pledge allegiance to “The Drop Squad “(DS) “Tuff Real Understanding” (TRU), and “Real Money Getters” (RMG).
“Violence is the way of their lives,” they insisted, adding that his rap lyrics prove he’s a dangerous individual and brags of his violent activities.
Lyrics such as “You want a headshot, but I aim at the neck,” “You ain’t Drop Squad if you ain’t a killer,” and, “When I’m back from the pen I’m back in the mix,” were displayed to the court. Prosecutors argued the lyrics support a rumor that Rezene is a contract killer.
“Punish him for it,” said prosecutors, as they asked Judge Okun to impose a 50 year sentence.
However, Zucker requested Judge Okun sentence him for the crime he was convicted of, not the allegations, arguing the “[prosecution] tried to infect this case consistently” with rumors.
Zucker also argued that, in most of what the prosecution claims were violent acts, Rezene was acting in self-defense.
He asked for 30 years of incarceration, stating that when Rezene gets out in his 60s he “won’t be violent.”
Zucker also added that Rezene maintains his innocence in this case.
Judge Okun stated, “There is no doubt that this was premeditated, calculated, and extremely cold blooded.”
He added that it is “clear as day,” that Rezene killed Johnson in jail, stating he has seen Rezene involved in multiple cases and violent acts.
“He really, really is a dangerous and violent person,” Judge Okun insisted. He imposed a sentence of 45 years of incarceration, with five years of supervised release.
No further dates were set in this matter.
Defense Questions Evidence Submitted in 2020 Homicide Trial
On March 21, parties spared over expert testimony including from the District’s discredited Department of Forensic Sciences in a murder trial before DC Superior Court Judge Rainey Brandt.
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.
Throughout the trial, the prosecution has attempted to connect Jackson, Freeman, and Nelson to additional shootings that occurred on Feb. 22, Feb. 24, and a second shooting on March 1, 2020. The prosecution alleges a firearm conspiracy by the defendants, in which they aimed to obtain and use specific weapons in Lukes’ homicide .
In an attempt to prove the conspiracy, the prosecution claims all firearms involved in the shooting are the “calling cards” of the defendants and intends to introduce the firearms allegedly used by the defendants to the court.
The prosecution called a former District of Columbia Department of Forensic Sciences (DFS) evidence analyst to complete cross examination regarding authentication of 12 pieces of blue duct tape recovered from a suspect vehicle on March 6, 2020, and a Glock 17 recovered on March 24, 2020 in connection to the homicide.
In questioning from Freeman’s defense attorney, Andrew Ain, the witness confirmed that she was aware of the DFS losing their accreditation due to alleged mishandling of evidence, and alleged covering up of their misconduct.
The court acknowledged the controversy over DFS and had ruled that while the defense was allowed to bring up the “scandal” of the DFS office occuring at the time Lukes’ homicide, they were not allowed to imply misconduct of any individual witness testifying on the behalf of DFS.
To introduce another firearm advancing previous testimony, the prosecution brought in a former DSF forensic scientist to testify. The witness had assisted with evidence collection at the scene where the firearm was recovered and was able to identify the model of the gun as a Glock 26 based on her experience.
In his cross examination, Jackson’s defense attorney, Brian McDaniel, asked about details of the firearm’s collection. The witness admitted that she had not recovered the weapon, rather she had received the firearm from a Metropolitan Police Department (MPD) officer on the scene and was unsure of the date of the firearm’s recovery.
In their redirect, prosecution used the case file of the weapon’s recovery to affirm that the firearm had been recovered April 22, 2020. The firearm was allegedly discovered during a traffic stop of two unidentified females, which also took place April 22.
The prosecution then called a captain of the District of Columbia’s Department of Corrections to certify DC Jail records about Nelson’s housing in the jail.
The witness authenticated an audit of housing records that reported Nelson and Steele were cell mates in May 2019 for a period of 17 days.
To connect the defendants further, the prosecution brought in a data specialist of Meta Platforms Inc. records to authenticate Facebook and Instagram records.
These records allegedly reveal that Instagram and Facebook accounts alleged to belong to all three defendants and the two co-conspirators all had followed each other prior to March 2020.
Due to time constraints, the witness was unable to finish her testimony.
Finally, the court presented a pre-recorded cross examination of a latent fingerprints expert who had previously testified about 27 total prints he had been sent to analyze. The witness had identified a correlation to Jackson’s fingerprints with varying strengths in confidence.
In his cross examination, McDaniel asked the witness about factors that could affect the integrity of a fingerprint in collecting it. The witness identified several ways including smearing, smudging, and overpowering upon collecting the fingerprint.
McDaniel then asked if the witness had been involved in the collection of the latent fingerprints. The witness admitted he was not and had only been sent the fingerprints digitally with no knowledge of where the prints came from or how they were collected.
McDaniels concluded his cross by asking if one could tell how long a fingerprint was present before being found. The doctor testified that it was not.
During cross examination, Ain asked the doctor if any of the fingerprints he had analyzed in his report were consistent with Freeman’s to any extent. The witness admitted that while a separate report done by another latent fingerprint analyst found some support for Freeman’s prints, his own report did not.
The witness told Nelson’s attorney, Lisbeth Saperstein, “I was unaware of the existence of a Mr. Nelson” as he testified that Nelson did not appear in his report at all.
In redirect, the witness affirmed that not knowing where the fingerprints had come from did not affect his report. He concluded that elements of a fingerprint could make it “robust” and able to last for days without affecting its accuracy in testing.
Parties are slated to return March 25.
Judge Finds Probable Cause in Non-Fatal Shooting Case
On March 22, DC Superior Court Judge Renee Raymond found probable cause in a non-fatal shooting case.
De’Aungelo Savage, 36, is charged with unlawful discharge of a firearm for his alleged involvement in a non-fatal shooting on the 1350 block of Barnaby Terrace, SE on May 20, 2023. No injuries were reported.
The prosecution called a Metropolitan Police Department (MPD) detective on the case as their witness.
The detective recounted responding to a “shots fired call” when an individual on the scene reported that Savage, whom he identified to the detective, was firing into the air. The officer recalled recovering 10 shell cases from the scene.
As part of his testimony, the detective did an in-court identification of Savage as the suspect from the incident.
In cross-examination, the defense questioned the credibility of the witnesses. Pointing out that an eyewitness and another individual never shared the nature of the relationship they had with the defendant.
According to the detective, the eyewitness never mentioned feeling threatened by Savage.
Savage’s defense attorney, Gail Engmann, delved into the detective’s past disciplinary actions, focusing on an alleged incident involving inappropriate text messages sent to the prosecutor’s office, which resulted in an initial demotion before being reinstated.
Engmann argued that there is insufficient evidence to prove probable cause, because the witnesses lacked credibility. She shared with Judge Raymond four letters of support from Savage’s family and job.
Regardless, Judge Raymond found probable cause, but granted release with conditions of electronic monitoring (GPS).Parties will meet again on April 24, before DC Superior Court Judge Jennifer Di Toro.
Homicide Defendant Pleads Not Guilty at Arraignment
On March 21, a homicide defendant was arraigned in front of DC Superior Court Judge Rainey Brandt.
David Pena, 47, is charged with second-degree murder while armed, assault with a dangerous weapon, and two possession of a firearm during a crime of violence, among other charges, for his alleged involvement in the fatal shooting of Maurice Robinson, 24, on June 12, 2023, on the 3000 block of 30th Street, SE.
On June 13, Robinson succumbed to his injuries at a local hospital.
During the hearing, Dana Page, Pena’s defense attorney, alerted the court he was pleading not guilty to all charges, and asserted his constitutional rights, including the right to a speedy trial.
Parties are slated to return on May 16.
Document: MPD Arrests Suspect in a 2022 Homicide
The Metropolitan Police Department (MPD) announced an arrest was made in connection to a homicide that occurred on Dec. 17, 2022, on the 2400 block of 18th Street, NW.
According to MPD documents, officers responded to the location for the report of the sounds of gunshots. When they arrived, they located a man and a woman suffering from gunshot wounds. After finding the man with no signs consistent with life, he was pronounced dead. The woman was transported to a local hospital for treatment of non-life-threatening injuries.
The victim was identified as 30-year-old Avon Perkins.
On March 21, Jakeim Miller, 25, was arrested and charged with premeditated first-degree murder while armed.
Judge Sentences Non-Fatal Shooting Defendant to Eight-and-a-Half Years of Incarceration
On March 21, DC Superior Court Judge Lynn Leibovitz sentenced a defendant to 102 months in prison for his involvement in a non-fatal shooting.
Ernest Conyeir, 34, was originally charged with assault with a dangerous weapon for his involvement in a shooting on Oct. 18, 2023, on the 1500 block of Alabama Avenue, SE. The incident left one individual suffering from gunshot wounds.
According to court documents, the shooting stemmed from a verbal altercation between Conyeir and the victim. The victim was shot in their right forearm and left shin, and walked to a medical center where he received treatment.
On January 16, Conyeir accepted a plea deal that required him to plead guilty to assault with a dangerous weapon and possession of a firearm during a crime of violence, in exchange for the prosecution not seeking an indictment.
Through the agreement, Conyeir also pleaded guilty to robbery in connection to an unrelated matter.
During the hearing, the prosecution argued that the court should give the defendant a nine year sentence, and he should pay restitution to help make the victims whole.
The prosecutor ended by noting that the defendant has a high criminal history score of four, and suggested his sentence should be lengthier due to his record.
The defense argued that the seven-and-a-half years was enough time since he was taking full responsibility for his actions, further noting that Conyeir also suffers from Post Traumatic Stress Disorder (PTSD) that developed from his childhood growing up in a rough neighborhood.
However, Judge Leibovitz indicated his lack of remorse, as she imposed a sentence.
He will serve 60 months for possession of a firearm during a crime of violence, 36 months for assault with a dangerous weapon, and 66 months for robbery. The sentences for assault with a dangerous weapon and robbery will run consecutive to one another, and the sentence for possession of a firearm will run concurrently.
Additionally, Conyeir will be required to register as a gun offender upon completion of his sentence.
No further dates were set.