Homicide Co-Defendants Request Trial Severance

On March 29, homicide co-defendants filed a motion for severance before DC Superior Court Judge Maribeth Raffinan.

Rafael Stevens, 39, and Jermall Johnson, 40, are charged with premeditated first-degree murder while armed, attempted robbery – felony murder, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm, among other charges, for their alleged involvement in the shooting death of 50-year-old Aniekobo Umoh on Dec. 29, 2022, on the 2700 block of 7th Street, NE.

Johnson’s defense attorney, Stephen LoGerfo, told the court that he filed a motion to sever his client’s case from Stevens’, to be able to use him as a witness in Johnson’s case. He argued that his testimony would be a crucial component to their arguments.

The prosecution argued against the motion to sever, stating that conducting a second trial would put a strain on the “judicial economy” and that it would be difficult to call the same witnesses twice for separate trials.

The prosecution argued that the circumstances of the crime weighed against severance as the evidence is not appropriately exculpatory.

The prosecution alleged that a video captures the two defendants seeing Umoh, leaving the scene, and returning with a firearm, which they claimed to be premeditated first-degree murder.

However, LoGerfo insisted that the evidence was “exculpatory” as it would suggest that there was no premeditation involved.

The prosecution reiterated that the testimony would not be exculpatory, as the video allegedly captures the defendants planning to commit the crime and then following through. The defense stated that the video does not show the whole picture in relation to other activities, such as communication between the defendants, that were not caught on camera.

The prosecution told the defense that if the defendants were kept together, they would drop the felony-murder addendum connected to the attempted robbery charge. The judge postponed a ruling on the matter, pending further information related to the motion to sever.

The parties are expected to return to court on April 9.

Judge Finds Probable Cause Based on ID Evidence in Double Homicide Case

On March 29, DC Superior Court Judge Anthony Epstein found probable cause in a homicide case.

Ronzoni Jackson Jr., 24, is charged with first-degree murder while armed for his alleged involvement in the murders of 28-year-old Octavio Quintano and 35-year-old Osmine Quintano on Dec. 12, 2023 on the 2300 block of 4th Street, NE.

The prosecution called a Metropolitan Police Department (MPD) homicide detective to detail the case against Jackson.

When examining video footage from a liquor store located at the intersection where the homicide occurred, the detective testified that you can “see the defendant’s face clearly.” He also noted that the tattoo on the individual’s neck matched a tattoo identified on Jackson.

According to the detective, Jackson was in the liquor store leading up to the homicide.

The detective also testified that the individual’s haircut as shown in the liquor store video footage was very distinctive, and matched Jackson’s haircut.

The detective then explained that the defendant, who he says was clearly seen in this video, matched the appearance and description of the suspect shown in still-photos of the crime scene, as they were wearing the same “bulky black boots, puffy white jacket, hooded sweatshirt, and light blue or gray ripped jeans.”

During cross examination, Jackson’s defense attorney, Sellano Simmons, focused on a fight that was recorded on street camera footage 13 minutes before the homicide occurred. Upon interviewing one of the witnesses involved in the fight, the detective learned that Jackson was also present.

This fight served as an apparent precursor to the shooting.

Video footage of the homicide, not shown in court, shows a man wearing the same clothing that the detective testified about shooting at both Octavio and Osmine.

The prosecution displayed still-shot images of the suspect to the court.

“The gunfire is observed by muzzle flashes coming from the extended arm of Jackson,” said the detective in an affidavit.

The prosecution asked Judge Epstein to find probable cause based on the presented video evidence, physical evidence and witness testimony.

While the prosecution admits the central issue in this case is identification of the suspect, she argues that the law allows for the reliance “of officer identification when there is sufficient evidence.”

Simmons argued that the shooting was not “premeditated and deliberate,” and that there was no way to tell if it was not an act of self defense.

He emphasized the support that Jackson has, as many of his family members have been present at all proceedings. Then Simmons asked that Jackson be released under house arrest at his father’s home where he would not pose a threat to the community.

“Evidence presented by the [prosecution] does establish probable cause,” said Judge Epstein. He cited the strength of the evidence that Jackson was “clearly identifiable based on facial characteristics and that there is a strong resemblance between the clothing of the shooting and the clothing that Jackson was wearing [in the liquor store footage].”

The prosecution asked for Jackson to be held citing the danger he poses to the community and the seriousness of the offense. The prosecutor emphasized Jackson’s three prior convictions, including an unauthorized use of a vehicle, his lack of employment, and history of recent drug use as reasons to support the need for his detainment.

Judge Epstein ordered the defendant held pending trial. He maintained Jackson’s family connections are not sufficient, and that house arrest would not protect the community well enough.

Parties are slated to return on Sept. 13.

Prosecutors Extend Plea Agreement to Non-Fatal Shooting Defendant

On April 1, prosecutors extended a global plea agreement to a non-fatal shooting defendant in front of DC Superior Court Judge Lynn Leibovitz.

Cornellius Ruffin, 40, is charged with assault with significant bodily injury while armed, assault with a dangerous weapon, and two counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in a non-fatal shooting that left one victim injured on April 12, 2021, on the 200 block of Bates Street, NW.

Ruffin is also being charged in a separate case for unlawful use of a vehicle.

Ruffin’s attorney, Stephen LoGerfo, was not present, with Karen Minor representing him as a stand-in.

The prosecution placed a plea deal on the record, which stated that if Ruffin pleads guilty to assault with a dangerous weapon and possession of a firearm during a crime of violence, as well as the unlawful use of a vehicle charge in his second case, that all other charges will be dropped.

Minor requested additional time to discuss the plea with Ruffin, which was granted by Judge Leibovitz.

Parties are set to reconvene on April 22.

Pretrial Services Request to Revoke Homicide Defendant’s Release Denied

On April 1, DC Superior Court Judge Robert Okun denied an agency’s request to revoke a homicide defendant’s pretrial release.

Christian Johnson, 33, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the fatal shooting of 25-year-old Lavonte McCould on Nov. 25, 2021, on the 1600 block of Kenilworth Avenue, NE.

A representative from DC’s Pretrial Services Agency (PSA) raised concerns regarding Johnson’s ability to follow release conditions, and requested the revocation of personal recognizance and electronic monitoring for Johnson. This request followed alleged infractions where Johnson didn’t follow mandated home confinement for five minutes on two separate days.

In response, Johnson’s defense attorney, Dominique Winters, explained that his absence from home was due to his grandmother’s injury, preventing her from walking the family’s dog. Johnson, said Winters, had to assist his grandmother, which led to his temporary absence from home.

The defense shared that the issue had been addressed with Johnson’s case manager, and the dog was relocated to another family member’s home.

The prosecution made no arguments or requests.

Judge Robert Okun decided not to revoke Johnson’s release, since the issue was resolved.

Parties will meet again for a status hearing on April 12.

Judge Partially Grants Motion to Admit On-Scene Witness Statements

On April 11, DC Superior Court Judge Robert Okun addressed the prosecution’s motion to admit the victim’s girlfriend’s on-scene statements into evidence.

Marcus Walker, 23, is charged with first-degree murder premeditated while armed, assault with a deadly weapon, assault with a deadly weapon against a minor, second-degree cruelty to children, three counts of possession of a firearm during a crime of violence, and possession of a large capacity ammunition feeding device for his alleged involvement in the killing of 28-year-old Erik King on Oct. 11, 2022 at the 800 Block of 21st Street, NE.

Judge Okun first wanted to address the issue of a second witness, a six-year-old, who can be heard in the responding officer’s body-worn camera footage.

Walker’s defense attorney, Jesse Winograd, noted that because the witness is not testifying in court, the statements should not be allowed.

Prosecutors argued that the statements made should be considered an “excited utterance”, which would make them admissible.

Judge Okun ordered that the juvenile witness’ testimony be redacted.

When discussing the statements made by King’s girlfriend, Winograd stated that the on-scene identification of Walker is “a classic example of an out-of-court identification,” and therefore less objectionable. However, there are portions of the clip he further objected to.

“She is a naked gunshot victim with her dead boyfriend in the next room,” said the prosecutor when arguing that all the statements made should be considered an excited utterance.

Winograd responded by saying that the witness’ change in demeanor needs to be considered when determining if a statement should be considered an excited utterance. He noted that there was a considerable difference between the beginning of the footage when the witness is hysterical and later in the footage when the witness has had time to calm down.

“This is a woman who just saw her then-boyfriend shot dead in front of her,” said Judge Okun while acknowledging that she was in a state of “nervous excitement.” However, he recognized that at a certain point in the footage “she has calmed down, and largely remains calm.”

Judge Okun partially granted the motion as he ruled that portions of the body-worn camera footage are admissible.

Parties are slated to return April 24.

Document: MPD Investigating Fatal Indoor Shooting in Navy Yard Neighborhood

The Metropolitan Police Department (MPD) is investigating a homicide that occurred inside a residence building on the 1100 block of 2nd Place, SE, on March 31.

According to MPD documents, officers responded to the location for the report of gunshots inside a building. When they arrived, they located a man with gunshot wounds. He died at the scene.

The victim was identified as 44-year-old Michael James Quander Jr.

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

Document: MPD Investigating Fatal Crash on I-295

The Metropolitan Police Department (MPD) is investigating a traffic crash that killed a driver and sent five people to the hospital on March 29 on I-295 Northbound, approaching the Nannie Helen Burroughs Avenue exit.

According to MPD documents, a Dodge Ram 1500 pick-up truck was traveling northbound, approaching the exit, when the crash occurred. According to witnesses, the truck was driving at a high rate of speed.

The preliminary investigation determined the truck drove onto the right shoulder of the roadway and struck the guard rail. As the Dodge attempted to merge back into the travel lane, it lost control and veered to the left of the roadway, striking the cement jersey wall.

The truck then climbed the jersey wall, striking a southbound Toyota Camry, before coming to a stop on top of the jersey wall and bursting into flames. The driver of the truck was trapped in the vehicle and died at the scene. The passenger was pulled from the truck by an officer and transported to a local hospital in critical condition.

The driver of the Toyota Camry was not injured.

When the jersey wall was pushed outward into the southbound lanes of I-295, a Dodge Ram 3500 was unable to avoid the jersey wall and struck it. The driver and three passengers were taken to local hospitals with non-life-threatening injuries.

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

Anyone with information regarding the incident should call police.

Document: MPD Arrests Three Teens in Northwest Homicide

The Metropolitan Police Department (MPD) announced three teens were arrested in connection to a homicide that occurred on Oct. 17, 2023, on the 6200 block of Georgia Avenue, NW.

According to MPD documents, officers responded to the location for the report of a man down, where they located a man consisted with trauma consistent with that of an assault. He died at the scene.

The victim was identified as 64-year-old Reggie Brown.

On March 28, pursuant to a custody order from the DC Superior Court, MPD arrested and charged a 13-year-old girl with second-degree murder.

Likewise, on March 29, MPD arrested and charged another 13-year-old girl and a 12-year-old girl with second-degree murder.

The case remains under investigation.

Non-Fatal Shooting and Carjacking Defendant Sentenced to Seven Years

On March 29, DC Superior Court Judge Jason Park sentenced a non-fatal shooting and carjacking defendant to seven years of incarceration.

Antwann Carter, 26, was originally charged with assault with a dangerous weapon, aggravated assault knowingly while armed, and three counts of possession of a firearm during a crime of violence, for his involvement in a carjacking and shooting incident on the 2700 block of 22nd Street, NE, on July 21, 2019. Two individuals sustained non-life-threatening injuries.

According to Metropolitan Police Department (MPD) documents, Carter attempted to forcibly enter multiple vehicles, assaulting and shooting individuals who confronted him.

On Oct. 25, 2023, Carter accepted an agreement in which he pleaded guilty to carjacking and possession of a firearm during a crime of violence.

Carter’s attorney, Joe Yarbough, also asked the judge to allow a Youth Rehabilitation Act (YRA) study to be conducted on his client. The YRA allows a defendant’s conviction to be sealed if they successfully complete all sentencing requirements.

Carter was already granted a YRA sentencing for a previous misdemeanor case, but Yarbough stated that “what he received it for is very different from what he is receiving it for now.”

Judge Park accepted the addendum, but stated that “given the seriousness of the offense,” a YRA sentencing wasn’t appropriate in this circumstance.

“The crimes of stealing cars are crimes of poverty,” said Yarbough. “He has expressed sincere remorse for what he’s done.”

Yarbough also mentioned that Carter has a five-year-old son, whose life he wants to be a part of. “He has family who are behind him all the way,” said Yarbough gesturing to four individuals in the courtroom who were present in support.

Before his sentencing, Carter explained to Judge Park that he “takes full responsibility for his actions,” adding ,“I am a better man, and I want to be a part of my son’s life.”

Judge Park sentenced Carter to seven years of incarceration for the carjacking charge and five years for the possession charge, which will run concurrently. He is also required to serve three years of supervised release.
Carter is also required to register as a gun offender.

No further dates were set.

Victim Testifies in Non-Fatal Shooting Incident Started by a Milk Crate

On March 28, prosecutors called three witnesses to testify against a non-fatal shooting defendant in front of DC Superior Court Judge Andrea Hertzfeld.

Diandre Caesar, 29, is charged with three counts of assault with a dangerous weapon, second-degree cruelty to children, and two counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in a non-fatal shooting incident that occurred on June 28, 2022, on the 2200 block of New York Avenue, NE. No injuries were reported.

According to court documents, the incident stemmed from a disagreement regarding a milk crate in a parking lot, which led to the suspect shooting at the victim’s vehicle.

During the hearing, prosecutors called one of the victims to the stand, who was present during an alleged altercation between her boyfriend and the defendant.

According to the witness, she and her boyfriend were in their car with their one-year-old son at a McDonald’s drive-through when they were blocked by a milk crate left on the ground.

Dash cam footage, which was shown in open court, allegedly shows the witness’ boyfriend throwing the milk crate over the fence and into a Salvation Army parking lot. The footage then showed a man, identified as Caesar, running through the Salvation Army parking lot and throwing the crate back over the fence, hitting the victims’ car.

The boyfriend and the other man got into a verbal altercation with another. The boyfriend then got back into the car and made an attempt to leave, but when the car was stopped, the defendant allegedly kicked the rear passenger car door, at which point the witness can be heard saying “run him over.”

She said her “momma bear instincts kicked in” and that she was worried for her son’s safety.

They then sped off as the man allegedly shot at their car.

The witness testified that after a few minutes, the boyfriend pulled the car over at a gas station to make sure that the dash cam footage was saved. They also inspected the car and saw four bullet holes in the rear bumper and trunk.

Following the victim’s testimony, prosecutors called on a bus driver, who works for Coach USA, and testified that while driving his bus on New York Avenue, he heard “loud commotion” coming from his left-hand side.

The witness said he saw two people inside a car by the fence of the Salvation Army and a male outside the car who seemed to be involved in an argument with each other.

According to the witness, an “individual pulled out what I thought was maybe a handgun and started firing at the car.”

He then testified that he heard two gunshots and saw muzzle flashes. The witness identified the shooter as an African American male.

Prosecutors also called upon a Metropolitan Police Department (MPD) detective who arrived at the scene shortly after the incident.

The detective testified that she was able to recover video footage from the Salvation Army that allegedly showed the altercation between the victims and the defendant.

Parties are slated to return April 1.

Judge Sentences Non-fatal Shooting Defendant to Five Years

On March 29, DC Superior Court Judge Errol Arthur sentenced a non-fatal shooting defendant to five years of incarceration for his involvement in a traffic incident that resulted in a victim suffering from a gunshot wound.

Brandon Rawlings, 32, was initially charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and carrying a pistol without a license for his involvement in a non-fatal shooting that occurred on Sept. 7, 2023, on the 3700 block of 9th Street, SE. One individual sustained non-life-threatening injuries.

In addition, 28-year-old Lynette Davis was charged with carrying a pistol without a license, for her involvement in the incident. She was previously sentenced to a suspended sentence of nine months.

According to court documents, the shooting occurred following an altercation that resulted from a traffic accident between the vehicle occupied by Rawlings and Davis, and the vehicle occupied by the victim of the shooting.

On Nov. 20, 2023, Rawlings accepted an offer that required him to plead guilty to assault with a dangerous weapon and unlawful possession of a firearm by a prior convict, in exchange for the prosecution not seeking an indictment.

At the hearing, the prosecution shared a video depicting Rawlings chasing after the victim after the crash, and firing multiple gunshots in their direction.

Rawlings’ defense attorney, Gregg Baron, responded by stating how Rawlings admits his guilt and takes full responsibility and ownership for his actions.

The defense established a motive for the incident claiming that Rawlings was trying to protect his family, however, Rawlings admitted that he overreacted in the moment during his statement to the court.

The defense mentioned the progress Rawlings made while incarcerated, such as taking a CPR class and regularly attending anger management classes twice a week.

Rawlings also started a group in jail where he and other inmates share their stories and reflect on how they could’ve handled certain situations more productively. According to Baron, the jail has even set aside time for Rawlings’s group to meet twice weekly.

In addition, Rawlings has earned a job cutting hair while incarcerated and his defense attorney stated, “He’s making the most of his situation.”

Rawlings prepared a letter to read before Judge Arthur and the courtroom. In his letter, Rawlings apologized to the victim and expressed penitence over his actions, adding that he accepted the plea deal as a way to take full responsibility for his actions.

“He could have lost his life, I just welcomed my firstborn, and having them made me realize my irresponsibility,” Rawlings said.

Judge Arthur stated that he hoped Rawling’s statements were heartfelt and believed him to be sincere, but said that Rawling took himself away from what mattered most to him because of what he did, adding that what transpired could have been avoided.

“The video shows you firing shots at a person. It’s only by grace that you are here. I don’t know what led up to that besides what the [prosecution] has represented, but what appears to be a reaction that occurred in less than a minute is going to affect you and your family for much longer,” Judge Arthur said.

Judge Arthur imposed a sentence of five years for the assault with a dangerous weapon charge, and four years for the possession charge, which will be served concurrently. He also imposed a requirement of three years of supervised release and mandated Rawlings to register as a gun offender.

No further dates were set.

Judge Allows Prosecutors to Display Tattoos Identifying Homicide Defendant

On March 29, DC Superior Court Judge Maribeth Raffinan ruled on defense motions to exclude photo and text evidence from a homicide defendant’s trial.

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.

Ramos’ defense attorney, Rachel McCoy, started arguments on the issue of presenting photos of Ramos which allegedly contain his tattoos and can help witnesses identify him. Whilst the court has previously stated that any tattoos with gang-related evidence may not be explained, McCoy stated that the redactions would cause the jury to speculate.

The prosecution argued that the photos are probative and relevant as they connect Ramos to his Facebook account which exists under the name Oscar Rodriguez. They also said they don’t plan to reference his gang affiliation, but rather will use it to show photos that depict Ramos in interactions with law enforcement and showed tattoos on his chest.

Judge Raffinan ruled six of the ten photos of his tattoos to be admissible, and the others to be inadmissible due to their cumulative nature.

McCoy requested that Judge Raffinan give jury instructions when the evidence is admitted to prevent any speculation by the jury.

Judge Raffinan denied McCoy’s request and said that she will give instructions in regard to the redactions at the end of the trial, but not when the photos are presented.

The judge also addressed a motion to exclude Facebook messages involved with another Facebook account, which the defense deemed hearsay.

Ramos allegedly operated a second Facebook account under the alias Rosa Lopez and used the photo of a different individual in the account’s profile.

The prosecution has submitted interactions of the Rosa Lopez account with Alvarado and the individual whose photo was used.

The defense stated that these messages amount to hearsay as they are not relevant to interactions with Alvarado. The prosecution counter that the messages are necessary as they support factual claims about the ownership of the account.

Judge Raffinan found the messages to be admissible as the prosecution intends to call a digital analyst to testify that both accounts came from the same source.

The court addressed one final matter relating to a witness currently in the custody of Immigration and Customs Enforcement (ICE).

Prosecutors stated that the witness in question had a request for stay denied by ICE, and is hence unable to testify in person.

Judge Raffinan stated that the pre-recorded deposition will be used for the purposes of testimony.

Defense attorneys requested that the deposition be subject to redaction before it is presented in front of the jury.

The trial is slated to continue April 1.

Judge Delays Ruling on Severance Motion in Co-Defendant Shooting Case

On March 29, Dc Superior Court Judge Michael O’Keefe requested more time to consider a shooting defendant’s motion to sever from his co-defendant.

Jonah Harris, 47, and Gerald Jones-Hall, 24, are charged with conspiracy to rob, two counts of assault with intent to kill while armed, and assault with intent to commit robbery while armed, among other charges, after allegedly participating in the shooting and attempted robbery of two victims at the 1300 block of Good Hope Road, SE, on July 10, 2023. Both victims sustained non-life-threatening injuries.

Harris’ defense attorney, Christen Romero, motioned to sever the co-defendants’ cases on the basis that Harris and Jones-Hall cases were improperly joined in the first place.

Romero claimed that the “weight of the evidence” for both defendants varies and it would be prejudicial to Harris to be tried at the same time as Jones-Hall.

According to Jones-Hall’s defense attorney, Janai Reed, evidence from Harris’ case will prejudice Jones-Hall in the event that the case is not severed.

Romero argued that the jury will infer that Jones-Harris was involved simply by assuming he is “guilty by association.”

“I have faith in DC juries,” Judge O’Keefe stated. “They’ll have no problem acquitting one and not the other.”

The prosecution argued that the weight of the evidence thus far was identical on both defendants.

Of the two defendants’ 19 charges, 15 were shared between Harris and Jones-Hall. The prosecution played footage of an altercation captured by a DC Metro bus, and stated that, in the prosecution’s opinion, Harris and Jones-Hall were both depicted allegedly assaulting the victims.

Judge O’Keefe told parties that he needed time for further research about a potential severance.

In the event that the defendants are tried together, a tentative date is set for April 28, 2025.

Parties will reconvene for a status hearing on April 10.

Defense Questions Handling of Evidence in 2020 Homicide Trial

On March 28, DC Superior Court Judge Rainey Brandt heard testimony from a forensic analyst and a firearms expert about evidence related 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 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.

The prosecution called a Department of Forensic Sciences (DFS) crime scene scientist to authenticate items recovered during a March 29, 2020 search warrant at an address associated with defendant Steele.

The scientist stated that he catalogued a pair of multicolored Balenciaga running shoes, a Glock with an extended magazine, and two phones that investigators requested in their investigation.

In cross-examination, Freeman’s defense attorney, Shawn Sukumar, raised questions about the witness’ credibility based on a petition before the Supreme Court of Virginia about alleged discrepancies in evidence he presented in a blood spatter case

The scientist explained that the discrepancies were due to improper bookkeeping by different agencies and hasn’t affected his ability to testify since 2013.

Sukumar introduced body-worn camera footage of one of the officers from the search warrant pointing out a discrepancy between the time the officer arrived on the scene versus the time stamp on the footage.

Sukumar also asked the witness about a two-day suspension from DFS in May of 2023 for “lolly gagging”, to get overtime pay.

In adamant disagreement the witness replied, “I thought I was doing what was asked of me.”

In redirect, the prosecution pointed out that the alleged “mischaracterizations” by the witness were ruled unfounded by the court.

The prosecution also pointed out that despite his suspension, the witness still currently serves as a DFS supervisor.

Throughout the trial, the defense has wanted to cross-examine DFS witnesses about the lab’s loss of accreditation in 2021 official due to mishandling evidence and not fully acknowledging mistakes.

Judge Brandt said the defense is only allowed to mention DFS’ loss of accreditation as it relates to this specific case.

Continuing with scientific testimony, the prosecutor asked a firearms expert about his analysis of several guns allegedly used by the defendants between February and March of 2020. The witness said distinctive markings found on shell casings collected at the scene of Lukes’ homicide “were consistent” with a Smith and Wesson semi-automatic handgun that had been found in the possession of an unnamed associate of Freeman’s in August of 2020.

Additionally, the witness confirmed that four more bullet casings found at the scene of Lukes’ homicide were consistent with Polymer 80, semi-automatic handgun. The firearm had previously been introduced to the court as a “ghost gun” collected by DFS at a traffic stop on Rhode Island Avenue, NE, in March of 2020.

The witness also affirmed that one additional cartridge casing discovered at another shooting on Channing Street, NE, which occurred on March 1, 2020, was also consistent with the ghost gun.

That shooting happened right after Lukes’ murder and is alleged to have been committed by Freeman and Jackson.

The witness also identified seven additional cartridge casings from the shooting on Channing Street as consistent with a Glock 26 firearm with a laser sight. The court had previously heard testimony from a DFS technician who had recovered the firearm from a crime scene in April of 2020.

Additionally, the prosecution had introduced a photo allegedly of Nelson and Steele with guns equipped with laser sights.

In cross examination, Freeman’s defense attorney, Andrew Ain, said, “You can’t say what happens to items before you review them, correct?” asked Ain. The witness concurred. He also acknowledged that since the DFS lab has lost its accreditation, his company had gotten more prosecution business.

Under defense questioning, the witness confirmed he had been sent a Glock 26 which was labeled a Glock 32. The witness testified he saw the mix up as “a typo” when Ain asked if the error gave the witness “confidence that that evidence has been properly handled”.

In the prosecution’s redirect, the witness testified that the mislabeled evidence did not affect his testing of the firearms and that there were several characteristics he had used to connect certain cartridges to firearms.

Parties are slated to return April 1.

Homicide and Non-Fatal Stabbing Defendant Accepts Plea Agreement

On March 25, a homicide defendant accepted a plea agreement in a homicide extended by prosecutors in front of DC Superior Court Judge Michael O’Keefe.

Joseph Melton, 54, was originally charged with carrying a dangerous weapon outside a home or business, and possession of a prohibited weapon for his alleged involvement in a stabbing that claimed 48-year-old Kevin Chamberlain’s life. The incident occurred on Jan. 14, 2020, on the 700 block of 24th Street, NW.

Melton was also charged with assault with intent to kill for his alleged involvement in another stabbing incident that injured one on the same day on the 800 block of Vermont Ave, NW.

After a stay at St. Elizabeths mental hospital, Melton was declared competent to stand trial by O’Keefe on March 22, and was originally expected to go to trial April 29 before accepting the plea agreement.

After the prosecutor finished reading the proffer of facts, Melton explained to Judge O’Keefe that, “A lot of it is not correct.”

“What about the stabbing part,” O’Keefe asked? “Did you stab him?” Melton responded “Yes.”

“Are you claiming you acted in self-defense,” O’Keefe asked? Melton responded no.

By accepting the plea agreement, Melton’s first-degree murder charge was downgraded to second-degree murder. He also pleaded guilty to assault with a dangerous weapon. The prosecutor agreed to drop all additional charges and reserve a final allocution recapping the facts in the case at sentencing.

Melton could be sentenced to between 12-and-a-half and 29 years in prison.

Parties are set to reconvene for sentencing in mid-June.

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