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‘This Case is an Assortment of 30 Second Videos,’ Says Prosecutor in Homicide Preliminary Hearing

On March 21, before DC Superior Court Judge Robert Okun, a homicide defendant waived his right to a preliminary hearing. 

Robert Straughter, 26, is charged with second-degree murder while armed for his alleged involvement in the murder of 24-year-old Tyejuan Harkum on the 2600 block of Naylor Road, SE, on Dec. 6, 2023.

According to court documents, Harkum was followed by a green Kia Soul, allegedly driven by Straughter and occupied by two other individuals, from a barber shop to Roaming Rooster, a fast-food restaurant.

As Harkum left the restaurant, a passenger who had gotten out of the Kia, shot him, before returning to the car, which was allegedly a stolen vehicle. 

Straughter’s defense attorney, Michael Bruckheim, advised the court that Straughter made the decision to waive his right to a preliminary hearing. 

Bruckheim asked the court to consider releasing him, arguing that Straughter has only one previous conviction, unlawful possession of an unregistered firearm offense, and has been enrolled in the Pathways Program since the incident occurred. According to the DC Government’s website, the program aims to decrease a person’s involvement in the criminal justice system, and provides training that focuses on life and job skills. 

According to Bruckheim, Straughter’s case manager from the Pathways Program wrote a letter to the court on his behalf saying, “[Straughter] has proven to be a positive asset to his peers.”

The prosecution opposed the defense’s request to release Straughter. 

The prosecution presented video footage of the events leading up to the shooting. “This case is an assortment of 30 second videos,” the prosecutor said. 

The video footage revealed three people, including an individual identified as Straughter, exiting a green Kia Soul and walking into a barbershop. 

Harkum entered the barbershop minutes after the three individuals and was immediately recognized, the prosecution alleged.  

According to the prosecution, after the three individuals exited the barbershop, two of the individuals waited outside of the storefront for Harkum to exit, while Straughter walked to the car. 

The prosecution claimed when Harkum exited the barbershop, the two individuals followed him into a nearby fast-food restaurant.

According to the prosecution, soon after entering the restaurant, the two individuals left and walked back to the car, where the three individuals, including Straughter, parked at a gas station across the street to wait for Harkum. 

“[Straughter] is involved in a patient waiting game of murdering this victim,” the prosecution stated. 

The prosecution argued that Straughter and his alleged accomplices pose “an absolute danger to the community” and strongly urged the court to continue detention. 

Judge Okun ruled in favor of detention, and claimed the weight of the evidence against Straughter is “strong.” He added that Straughter and his accomplices were “clearly following [Harkum].” 

Parties are slated to return on June 17.

Judge Sentences Non-Fatal Shooting Defendant to 17 Years Incarceration

On March 21, DC Superior Court Judge Lynn Leibovitz sentenced a shooting defendant to 17 years of incarceration.

“He’s absolutely unable to control himself or his actions,” said Judge Leibovitz, as she imposed the penalties.

Raekwon Sutton, 26, was charged with two counts of assault with a dangerous weapon offenses committed during release, three counts of possession of a firearm during a crime of violence offenses committed during releases, among other charges, for his involvement in a non-fatal shooting that occurred on the 4800 block of Benning Road, SE, on March 19, 2022. No injuries were reported.  

According to prosecutors, Sutton shot ten times and struck the door to the apartment occupied by Sutton’s partner and another individual twice.  

On Oct. 3, 2023, Sutton was convicted of all charges following a multi-day long trial. 

During the sentencing, the prosecutor made note of the seriousness of Sutton’s actions, stating he was on release in four other cases at the time of the offense. They added he sent threatening texts and voice messages to the victim before and after the shooting.

Sutton’s attorney, Janai Reed, explained that while he took accountability for his actions, the social background in which he grew up and the lack of mental health counseling were also partially responsible for her client’s actions.

Additionally, she noted that “no complainants are asking for a hefty penalty,” citing the lack of victim impact statements at the hearing.

Sutton, who was given the chance to address the court prior to the sentence being imposed, told the court “I apologize to the government, I apologize to the victim, I apologize for my actions.”

He will serve 204 months for assault with a dangerous weapon, 60 months for each count of possession of a firearm during a crime of violence, 20 months for each count of threat to kidnap or injure a person, and 36 months for one count of unlawful possession of a firearm. All sentences will run concurrently.

Upon completion of his sentences, Sutton will be required to register as a gun offender, and complete three years of supervised release.

Non-Fatal Shooting Defendant Pleads Not Guilty at Arraignment

On March 21, a non-fatal shooting defendant pleaded not guilty during arraignment before DC Superior Court Judge Anthony Epstein. 

Antron Belk, 17, is charged with assault with intent to murder while armed, assault with intent to kill while armed, and two counts of possession of a firearm during a crime of violence or dangerous offense, for his alleged involvement in a non-fatal shooting that occurred on Feb. 25, 2023, on the 4400 block of Quarles Street, NE. One individual sustained life-threatening injuries. 

Belk is tried as an adult under Title 16. 

According to court documents, the victim was riding a scooter eastbound on the sidewalk area of Quarles Street when an individual, identified as Belk, stopped his vehicle in the middle of the street, exited the vehicle, and opened fire. The victim sustained eight gunshot wounds, two of which were to the face.

During today’s arraignment hearing, defense attorney Christen Romero Philips informed Judge Epstein that Belk is pleading not guilty to all charges. Philips asserted Belk’s constitutional rights, including the right to a speedy trial.

The parties are scheduled to reconvene on May 24.

Document: MPD Makes Swift Arrest of Shooting Suspect

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a shooting that occurred on March 20 on the 3900 block of Minnesota Avenue, NE.

According to MPD documents, the victim was at the location when he had an interaction with the suspect. The suspect brandished a gun, and a physical altercation ensued. During the altercation, the suspect shot the victim and fled the scene in a vehicle.

Officers quickly responded and recovered a firearm on the scene. The victim was transported to a local hospital for treatment of non-life-threatening injuries.

Moments later, officers encountered the suspect fleeing the scene and attempted a traffic stop, which led to a pursuit. The suspect’s vehicle halted on the 1800 block of Bladensburg Road, NE, where officers detained him without incident.

MPD arrested and charged 20-year-old Traquon McCalip with assault with a dangerous weapon, fleeing from law enforcement, and carrying a pistol without a license.

Judge Finds Probable Cause in Homicide Linked to Shake Shack and Wawa Shootings 

On March 20, DC Superior Court Judge Robert Okun found probable cause that a defendant is one of the shooters in a 2023 homicide. 

Marques Johnson, 41, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 56 year-old Leo Colter on Oct. 1, 2023, at the 900 block of 15th Street, NW. 

Johnson and Anthony Ellis, who is detained in another jurisdiction, allegedly shot Colter in McPherson Square Park, and were seen in surveillance footage driving off in what was identified as Johnson’s vehicle. 

“It comes down to the facts,” the prosecution said, adding that “There is a history of… two groups arguing over who can sell drugs where.” According to the prosecutors, the two crews that are known to sell drugs in the area are the Park Crew and the Shake Shack Crew, who they claim sell drugs in the McPherson Square area. 

Prosecutors called on the lead detective from the Metropolitan Police Department (MPD) who identified Johnson in court, directly pointing at him and noting his orange uniform and goatee. The detective said he placed Johnson under arrest on Feb.16, 2024. 

The testimony continued with the prosecution asking the detective about his interview with Ellis’ mother who said he had no connection with the homicide. 

Ellis’ mother also identified Johnson to detectives through Instagram photos, stating that he is roommates with Ellis and the owner of the vehicle that was allegedly used in the crime.

The detective stated that Johnson’s vehicle had key identifying characteristics that matched the white truck at the scene, which was caught on surveillance footage. The features included tinted windows, roof racks, and a significant dent in the back right corner of the bumper. Johnson’s truck’s defects appear to match the ones in the surveillance video. 

Upon cross-examination, Johnson’s defense attorney, Kevin Robertson, questioned the credibility of the witness who identified Johnson, and claimed to be present at the time of the crime, in his interview in the days following Johnson’s arrest. MPD later determined the witness was not present at the scene. 

“Isn’t he the one who asked to get a deal with this case?” Robertson asked. “He was arrested after the shooting and was trying to bargain for a favor,” he claimed. 

According to the detective, the witness is detained in connection to a shooting that occurred at the Wawa store on the 1100 block of 19th Street, NW, in the hours leading up to the homicide. 

The witness was not promised any immunity by the detective, but Robertson claimed that there was a pre-existing “beef” between Colter and the witness. The two allegedly held several arguments over who could sell drugs where, as Colter was supposedly from a different crew than the witness. 

“The decedent had ripped off [the witness] in a drug deal,” Robertson said. “The decedent was in debt to a lot of people. If one crew sells drugs in that area, the others stay away.” 

Robertson insisted that Ellis had the spare key to Johnson’s vehicle, suggesting an “alternative explanation” as to who was driving the vehicle. Because there is only one witness’ identification of Johnson, Robertson argues that the footage itself is too unclear for anyone to be sure of who it shows.

“You can’t identify positively it was my client’s face, and nor can [the witness],” Robertson said. “There are suggestions of my client but no specific identification besides that from that witness.” 

The prosecution pointed out the locations of bullet fragments at the scene through photos of a building which had defects on the wall, and the bench where Colter’s body was found. All images held noticeable bullet marks.  

According to the detective, witnesses stated that Johnson closely resembled the suspect’s appearance, both with a tall build, hairstyle and similar sneakers. The prosecution also noted that Johnson admitted to being a known drug dealer in the area, specifically stating he worked by the Shake Shack. 

Arguing for release, Robertson said Johnson’s family appeared in court in support of him, telling the stories of the unconditional support and love he has from his family, and how he will have a place to remain under the prospect of supervised release.  

Nonetheless, Judge Okun found probable cause that Johnson committed first-degree murder while armed and was one of the shooters who killed Colter. 

Judge Okun stated that “the evidence is not overwhelming, but it is sufficient.” 

He found Johnson’s identification by witnesses, his resemblance to the suspect, his vehicle, and his known presence at the crime scene to be the most salient pieces of evidence. 

Finally, Judge Okun denied Johnson’s release emphasizing that “the shooter acted with premeditation and deliberation.”  

Parties are set to reconvene June 7. 

Judge Tells Defendant to Complete Rehab Before Sentencing 

On March 20,DC Superior Court Judge Heidi Pasichow  reminded a shooting defendant she needs to successfully complete drug rehabilitation in order for her plea agreement to be guaranteed.

Dakia Thomas, 43 was originally charged with four counts of assault with a dangerous weapon, and four counts of possession of a firearm during a crime of violence, among other charges, for her involvement in a non-fatal shooting incident that occurred on Dec. 16, 2021, on the 3500 block of Albert Irvin Cassell Place, NE. No injuries were reported. 

According to court documents, Thomas fired multiple times towards two individuals sitting in a vehicle at the location. 

On Feb. 20, Thomas accepted a deal that required she plead guilty to two counts of assault with a dangerous weapon, in exchange for a dismissal of all other charges. 

As part of the plea agreement that the prosecution offered Thomas, she is required to successfully complete a drug rehab program before her sentencing.  

Judge Pasichow reminded Thomas of her requirements, and emphasized that she must meet her obligations.

A sentencing is scheduled for May 3. 

Best Friend Identifies Suspect in Murder and Conspiracy Trial

On March 19, a witness identified a defendant in several phone calls and a photo in connection to a 2020 homicide 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 tried 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 called in a longtime friend of Nelson’s to identify the suspect in phone calls and a photo. 

The witness acknowledged that she had been Nelson’s best friend for 22 years and also shared his child.

The prosecution asked her to confirm Sprint records of a phone she bought for Nelson’s brother in 2019. The prosecution alleges the phone had been used to send photos of Nelson and Steele to Steele’s phone on Feb. 28, 2020.

The prosecution had the witness do an identification of Nelson as a defendant in the courtroom, and pinpoint him as one of the men in a photo sent to Steele’s phone. The photo allegedly depicted Nelson standing in a kitchen with Steele while both men held firearms. 

Lisbeth Saperstein, Nelson’s defense attorney, objected to the “prejudicial” element of showing the photo, to which the prosecution replied they believed the photo is relevant because it speaks to the firearm conspiracy charge against Nelson. 

Judge Brandt allowed the prosecution to display one of the images sent to Steele’s phone to the jury. The witness identified Nelson in the image. 

The prosecution also asked the witness about her phone number in 2020 to show they remained in communication following the incidents. Later, the prosecution confirmed with another witness from the Department of Corrections that jail call records Nelson made to the witness.

To authenticate the DC Department of Corrections records who confirmed that Nelson, Freeman, and Jackson, as well as co-conspirators Steele and Brown, each have telephone accounts at the DC jail.

In review of a subpoenaed recorded jail phone call from Nelson’s account in April 2021, a female voice, identified as Nelson’s best friend, is heard saying “Hey Boogie.” 

From that the prosecution was able to establish Nelson’s nickname as “Boogie”, which is allegedly Nelson’s contact name in Steele’s phone records obtained by the court. Prosecution alleges that the “Boogie” contact is Nelson, and the information will be used later to point toward a conspiracy.

Parties are slated to reconvene March 20.

Judge Says Homicide Defendant is Not the Shooter in Bond Hearing

On March 19, DC Superior Court Judge Rainey Brandt granted a defendant’s pretrial release in a 2023 homicide. 
Emerita Garcia, 45, is charged with second-degree murder while armed for allegedly aiding and abetting her son in the fatal shooting of 27-year old Larry Thomas on Aug. 4, 2023, on the 3600 block of 16th Street, NW.  

Garcia is currently being held in DC Jail. 

Garcia’s defense attorney, Jason Tulley, asked the judge to release Garcia. Tulley pointed out that Garcia had been compliant in her pretrial release conditions prior to being rearrested for a pending deportation. 

Tulley also insisted there was “no legal basis to hold Garcia,” arguing her lack of criminal background, extensive work history, and family support in DC are enough suspicions of Garcia’s being a threat to the public or a flight risk. 

The prosecution revealed that Garcia is facing active deportation hearings in Georgia, and claimed Garcia should be held. 

In addition, the prosecution argued that Garcia was a threat to the public due to her arrest in 2021 for allegedly smuggling multiple undocumented migrants from El Salvador to Alabama. 

The prosecution concluded by bringing up text messages that the defendant had sent urging him to turn off the tracking on his phone. Additionally, the prosecution alleges Garcia had sent her son a text asking if anyone knew about “the cameras.”

In response, Judge Brandt declared that “[Immigration and Customs Enforcement (ICE)] has got nothing to do with this court’s jurisdiction”. 

Siding with defense, Judge Brandt, stated that “Garcia is not the shooter in this case,” and granted the defendant’s release under pretrial conditions, including GPS monitoring with a curfew, drug testing.

Before concluding, the judge responded to a motion made by Tulley to seal the next hearing due to the court’s mention of Garcia’s ongoing deportation proceedings. The judge denied Tulley’s motion.

Parties are set to return to court May 31.

Case Acquitted: ‘She Was Reaching for a Lifeline,’ Says Defense Attorney in Closing Statements

Tierra Posey was acquitted of all charges on March 20, 2024.

On March 19, in DC Superior Court Judge Marisa Demeo’s courtroom, a murder defendant concluded her testimony saying she had to shoot the victim to survive.

Tierra Posey, 24, is 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. 

According to court documents, a physical altercation allegedly occurred between Posey and Carey at a gas station. The altercation escalated into a shooting, in which Posey allegedly produced a gun and fired two shots. Carey was severely injured and, despite quick medical intervention, succumbed to her injuries. 

According to Posey, she was confronted by Carey repeatedly with threats of violence while she was in Carey’s boyfriend’s car. Posey only emerged from the vehicle after Carey got into the backseat and allegedly spit in her face and punched her in the back of the head.

“I got out to try and stop her from hurting me,” said Posey when asked why she got out of the car. “I tried to fight her off me.”

She described the fight as “a commotion” in which she could not see who was attacking her as her hair was pulled and her head was punched.

“I could only see the ground, feet, legs,” she said. “I was all by myself, so I felt trapped.”

She said Carey said, “B***h, I’mma kill you,” which caused Posey to fear for her life.

“I got away for a second,” she said, referring to the fight. “I reached into the car and I grabbed the gun and I just fired it.”

Posey then testified to her experience in a 2018 shooting that killed 18-year-old Chicano Phillips, who, according to Posey, “[Phillips] was like my best friend. We were really close.”

Tearfully, Posey explained that an unknown gunman broke into an apartment she and a group of people were visiting and opened fire. Posey hid in a back room until the gunfire stopped, and emerged to find that everyone had fled, except for Phillips, who had been shot in the head.

“I was traumatized,” she said. “That’s not something someone should be around, or see.”

On cross examination, the prosecution asked if Posey was “afraid of gun violence,” after her experience in two violent shootings. When she agreed, prosecutors pointed out that she was the one to introduce a firearm to the dispute at the gas station and she never tried to run away or ask for help. They also pointed out Posey did not threaten Carey with the gun or fire into the air, and instead aimed for her head.

“Everything was moving so fast,” Posey said. “I just picked up the gun and fired. I didn’t think about where I was aiming. I didn’t have time to ask for help.”

On redirect, Posey’s defense attorney, Kevin Gardner, asked her to repeat what Carey said right before Posey picked up the gun.

“She said that she was going to kill me,” said Posey. “And I believed it.”

In their closing statement, the prosecution argued Posey had not been acting in self-defense when she shot Carey in the side of the head because she was “clearly not in imminent danger.”

“The fight was over. [Posey] took true and steady aim at her head,” the prosecution said. “Carey never even saw it coming.”

The prosecution argued that, despite Carey being the instigator of the fight, Posey’s use of deadly force was unnecessary. They showed the video surveillance footage of the gas station in which Posey and Carey were separated for “at least four seconds,” before Posey fired. 

“You should watch the video, and you should assess: was this necessary?” the prosecutors said to the jury.

Posey was also the only one to testify about hearing Carey threatening her life. The prosecution argued that Posey’s motive for firing was not fear but rather embarrassment over being confronted.

“The only injury [Posey] had was a bruised ego,” the prosecutors argued. “She wanted to send a clear, unequivocal 40-caliber message to Tia Carey’s head: ‘That’s why you don’t mess with me.’”

The prosecution asked the jury to find Posey guilty of all charges. 

For the defense’s closing, Gardner stated Posey’s previous experience with violent altercations led her to act defensively when confronted by Carey.

“She was not reaching for a gun,” he said. “She was reaching for a lifeline.”

Further, Gardner directly criticized the prosecution’s actions towards Carey’s boyfriend, who took a plea deal in connection with this case after spending 11 months in jail. Gardner argued that the boyfriend gave false testimony to prosecutors to get out of jail and referred to the plea deal as “blackmail.”

“For 11 months he did not tell the prosecution what they wanted to hear,” Gardner said. “[The prosecution] dangled it in front of him and said, ‘Do you want to get out of jail or not?’ That’s something that should trouble all of us!”

He argued the boyfriend’s reluctance to testify while on the stand was out of fear of perjuring himself if he made statements contradicting his plea deal. Specifically, Gardner argued that the boyfriend testified to not hearing Carey threaten Posey because it was in his plea.

“You know he wanted to tell the truth,” Gardner said. “He had no choice but to agree with whatever they said.”

He then asked the jury to question why the prosecutors only called witnesses who were related to Carey when there were multiple other witnesses to the incident. He argued the prosecution did not meet their burden of proof to claim Posey wasn’t acting in self-defense.

“Posey did not grab the firearm until she thought her life was in danger,” Gardner argued. “If there was a stick in there, she would’ve grabbed a stick!”

He asked the jury to “judge Posey by the person you saw on the witness stand,” and find her not guilty on all charges.

The jury is slated to begin deliberations March 20.

Prosecutors Caution Homicide Defendants Regarding Jail Calls 

On March 20, DC Superior Court Judge Maribeth Raffinan heard arguments regarding phone conversations being used as evidence. 

Steven Metts, 18, Jovontae Wallace, 19, and Keondre Carroll, 21, are all charged with first-degree murder while armed, robbery while armed, and kidnapping while armed, for their alleged involvement in the shooting death of 59-year old Raymond Ballard on the 3000 block of Martin Luther King Jr. Avenue, SE.

Parties met to discuss scheduling future proceedings with Judge Raffinan. During the hearing, the prosecutor requested Judge Raffinan remind the defendants that all phone calls they make from the jail are recorded, and can be used against them.

She added that they can be charged with obstruction of justice if they continue to use their calls the way they have. 

The prosecution did not go into detail about the content of the calls. 

A detention hearing is scheduled for June 3.

Judge Issues Bench Warrant for Absconding Defendant

On March 20, DC Superior Court Judge Jennifer Di Toro issued a bench warrant with no bond for a non-fatal shooting defendant after failing to appear in court. 

James Young, 55, was previously sentenced for attempted robbery and carrying a pistol without a license outside home or place of business charges, 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. 

Young’s defense attorney, Joseph Fay, informed Judge Di Toro that Young was arrested in Kentucky, but is unaware if he is still detained. 

The prosecution requested a bench warrant be issued, arguing that Young had violated his probation requirements, which prohibited him from committing other crimes. 

Judge Di Toro agreed, and issued a bench warrant for Young.

Parties will reconvene when he’s returned to DC.

Judge Limits Mention of Gang Connection in Murder Trial

On March 19, DC Superior Court Judge Maribeth Raffinan granted a motion that prohibited the prosecution from specifically mentioning the defendant’s alleged involvement in a gang.

Oscar Ramos, 34, is charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, and assault with intent to kill while armed, for his alleged involvement in the fatal shooting of 50-year-old Pedro Alvarado on May 28, 2015, on Interstate 295 North at exit one, in Southwest DC. The incident left another individual suffering from non-life-threatening injuries. 

The defense argued to exclude all references in the trial to Mara Salvatrucha 13 (MS-13), a notorious criminal gang. The defendant is alleged to be affiliated, and have a tattoo representing MS-13. He is said to have joined the gang in El Salvador. 

Following lengthy arguments, Judge Raffinan found that such references would be “highly prejudicial” and that it was “not necessary” to acknowledge his affiliation. 

As a result, the judge said that prosecution may refer to his as well as witnesses’ affiliation with MS-13 and other gangs as being part of a “neighborhood”. A gang expert can’t testify about “MS-13” tattoos the defendant is alleged to have.

The prosecution intended to use Facebook posts to compare the tattoos displayed on the account and tattoos on the defendant. 

Rachel McCoy and Camille Wagner, Ramos’ defense attorneys, continued arguments for their motion to suppress an in-court identification of the defendant. The motion was regarding a Federal Bureau of Investigation (FBI) agent’s identification procedure with a murder witness.

According to the judge, the agent used a “single photo confirmation procedure,” which was “unduly suggestive.” The judge held the motion in abeyance, pending testimony from the witness. 

The defense presented another motion to exclude statements made by Ramos in 2021. 

According to the filing, the statements were made at an Immigration and Customs Enforcement (ICE) facility, where the defense alleged coercive tactics as Ramos’ leg was chained to a table during the interrogation. 

McCoy and Wagner said Ramos feared he would be deported to El Salvador if he failed to answer questions. 

The judge determined that Ramos “expressed understanding,” and had signed forms waving his Miranda rights that were presented to him in a language he understood. 

Finally, the prosecution brought forward a matter relating to a witness expected to testify at trial. 

According to the prosecution, the witness is currently held at an ICE facility, awaiting deportation to El Salvador. The prosecution stated that ICE has honored a writ for him to appear at trial, but that the deportation process has still been carried out.

The prosecution requested that a pre-recorded deposition of the witness be used at trial as evidence. 

The defense alleged that “the [prosecution] is hoping [the witness] is deported.”

The judge stated that a ruling will be issued depending on whether the witness is deported or available to testify at trial. 

The trial is expected to start March 25. 

Document: MPD Investigating Southeast Homicide

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on March 19 on the 5000 block of C Street, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located two men with gunshot wounds. The first victim died at the scene. The other was transported to a local hospital for treatment of non-life-threatening injuries.

The victim was identified as 25-year-old Rasheem Bankins.

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.

Friend Testifies about Jailhouse Conversations with Homicide Defendant

On March 18, the close friend of a defendant finished his testimony before DC Superior Court Judge Rainey Brandt in connection to a 2020 homicide case.

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

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

During the hearing, the prosecution recalled a family friend of Freeman’s to finish his testimony from March 14.

The prosecution questioned the witness about segments from a recorded jail phone call conversation between himself and Freeman on May 16, 2020, which discussed the relationship between Freeman and one of his associates.

Prosecution believed the witness had received a firearm from Freeman after the shooting and then sold it to Freeman’s associate. The firearm was allegedly used in the murder of Lukes. 

During the hearing, the witness initially stated that he was unaware of the relationship between Freeman and his associate. When the prosecution asked about Freeman’s feelings towards the associate, the witness replied “I’d rather not talk about it.”

However, in the recorded jail phone call Freeman told the witness “don’t trust [the associate].” The witness responded to Freeman saying “nobody is worried about him.” The phone call took place before the associate was incarcerated for an unrelated matter in another jurisdiction, and after Freeman was charged and arrested for this case.

The witness stated that he had later learned from a family member that the associate was incarcerated in another state for a firearms charge. However, the firearm involved in the associate’s case turned out to be connected to the homicide of Lukes.

The prosecution questioned the credibility of the witness due to prior statements in his grand jury testimony about making representations about being Freeman’s employer. 

However, the witness clarified that he made efforts to hire Freeman for a commercial cleaning business, but was unsuccessful in onboarding because Freeman was “hard to get a hold of” on multiple occasions.

The prosecution asked the witness if he had made the false representation about being Freeman’s employer in order for Freeman to be released from detention. The witness denied doing so, and said, “I wasn’t thinking about that.” 

The witness made no mention of any of the defendants besides Freeman and denied knowing Brown when asked by the prosecution. The witness admitted being acquainted with Steele. 

Similarly, in cross examination, the witness stated that he does not “really socialize with his[Freeman’s] friends,” citing the age gap between himself and Freeman’s friends as reason to Andrew Ain, Freeman’s defense attorney. 

Ain addressed the prosecution’s use of the witness’ grand jury statement to undermine the witness’ credibility by asking the witness why he had made statements like, “I’m ready to go home now” during his grand jury testimony. 

The witness explained that he had been held for four hours and had become agitated and felt disrespected by rhetorical questions. When Ain asked if the witness had reached a point where he said anything to end the tedious questioning in his grand jury statement, the witness agreed. 

The witness also testified that Freeman’s reason for distrusting his associate was due to the associate’s most recent alleged aggressive criminal activity. The witness did not specify what action.

The witness affirmed that he did not “deal with” the associate when Ain asked if they had any connection. 

In redirect, the prosecution focused back in on the witness’ grand jury testimony asking the witness why Freeman’s onboarding never went through. The witness admitted that he “couldn’t get him up on time” on several occasions. 

When asked why the witness had lied about Freeman’s employment, he reiterated that he was “just tired” and felt disrespected by the questions the police and prosecutors were repeatedly asking him. 

The prosecution angrily pointed out that the grand jury session was trying to get cooperative responses from the witness “sort of like I had to do with you to get a response”. The judge admonished the prosecution and had the statement stricken from the court’s record. 

Prosecution also called an officer from the Metropolitan Police Department (MPD) to corroborate body worn camera footage presented to the jury. The footage showed the officer interacting with Brown in March 2020. 

The officer testified that he was instructed by detectives to stop Brown and find his phone. The witness testified that he had done this and following the video, he had obtained Brown’s phone. The prosecution affirmed the witness’ testimony by introducing Brown’s phone to the jury as evidence. 

There were no cross examination questions from any of the defense parties.

The prosecution also called back a witness who was from the Department of Forensic Sciences (DFS) to finish her testimony from March 12. 

The witness affirmed several pieces of evidence introduced to the jury from the scene of Lukes’ homicide including a hoodie, face mask, and a shoe. 

Prosecution then asked the witness to observe the physical evidence in court.

The witness also corroborated photos taken from the crime scene that had been used to create a LEICA scan and document the crime scene. A LEICA scan is a 360 degree video of a crime scene using photos from the scene edited together. 

In addition to clothes, the witness testified that other forms of evidence appearing in the photos presented in court were also found on the scene, including bullet fragments, shell cartridges, bullet projectiles, and potential blood stains of the decedent or other victim of the shooting. 

In his cross examination, Ain called into question the accuracy of a diagram the prosecution had presented previously in court which had mapped out the crime scene and the evidence discovered by DFS. 

Ain then asked the witness to compare the diagram presented by the prosecution to a hand sketch she had made. The witness admitted that her sketch would be a more accurate representation of the crime scene than the prosecution’s diagram. 

Ain also began to question DFS collection and preservation of evidence by asking the witness if she had taken the photos presented in court. The witness admitted that she had not and also testified that she had arrived on the scene later than the lead DFS member who had taken the photos. 

The witness also admitted to Ain that the mistake DFS made in mislabeling a bullet casing as a shoe in evidence notation were “fixable” and that the system DFS used to keep track of evidence in 2020 could be “quite vague” and was “unacceptable” at the time. 

Due to time constraints, the DFS representative was unable to conclude their testimony.  

Parties are slated to return March 19.

Document: MPD Seeking a Vehicle in Fatal Northwest Shooting

The Metropolitan Police Department (MPD) continues to investigate a fatal shooting that occurred March 17 on the intersection of 7th and P Streets, NW, and seeks the public’s assistance in identifying and locating a suspect vehicle.

According to MPD documents, officers responded to the location for the report of a shooting. When they arrived, they located three men and two women in the 600 block of P Street, NW, all suffering from gunshot wounds. All five victims were transported to local hospitals for the treatment of their injuries. Two additional men were located with gunshot wounds. They died at the scene.

The motive for the shooting is still under investigation, but the preliminary investigation suggests that one or more suspects intentionally discharged a firearm at the victims.

The victims were identified as 32-year-old Anthony Brown and 32-year-old Jay Lucks.

A vehicle of interest, believed to be a black Infiniti, was captured by nearby 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 homicide in the District.