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Homicide Defendant Waives Right for DNA Testing

On Feb. 27, a homicide defendant waived his right to independently test DNA evidence in front of  DC Superior Judge Michael O’Keefe.

Jadohn Bracey, 24, is 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 for his alleged involvement in the fatal shooting of 41-year-old Angela Washington at the 3300 block of 10th Place, SE, on Sept. 21, 2021.

According to court documents, the Metropolitan Police Department (MPD) responded to a shooting, where they found a woman with gunshot wounds to the head. Officers attempted multiple life saving efforts, but were unsuccessful and she was pronounced dead at the crime scene. 

During the hearing, the prosecution alerted the court they had concluded their testing of evidence, but did not elaborate which items of evidence.

Pierce Suen, Bracey’s defense attorney, alerted the court he was waiving his right to independently test the evidence recovered from the crime scene.

Judge O’Keefe reminded Bracey that if he changes his mind in the future, he may not be able to test the evidence before his trial.  

Parties are slated to return May 28. 

More Prosecution Testimony in 2020 Teen Homicide Trial

On Feb. 26, DC Superior Court Judge Rainey Brandt heard testimony from responding officers, a detective, a crime scene forensic scientist, and a deputy medical examiner, in connection to a 2020 homicide case.

Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 22, 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. 

Prosecution called a Metropolitan Police Department (MPD) homicide detective to testify and authenticate video surveillance footage collected from fixed-cameras near the scene of the shooting. 

The detective explained that in the footage, at the time ShotSpotter went off, she noticed “as traffic starts to move, you’ll see the silver SUV drive” and a black SUV behind the suspect vehicle at a stoplight.

Lukes and friends are seen walking on the sidewalk. The “suspect vehicle”, a silver Kia Soul, passed the group, and the detective confirms that the vehicle made a U-Turn into the alley, where Lukes’ body was discovered. 

In reviewing surveillance footage from another building, the detective “watched the group run into an alley.” Luke’s falls to the ground, one juvenile picks Lukes up and drags him out of the middle of the alley. Shortly after, an officer responds and aids Lukes. Three juveniles then run down the alley. There is no footage available of a Kia Soul driving into the alley, or individuals getting out of the vehicle and shooting at Lukes and his friends.

Following the detective’s testimony, the prosecution called another MPD officer to testify about Ring camera footage collected from a homeowner near the scene. In the footage, 11 gunshots are heard. The Kia Soul drives past the home first, then the black SUV, and finally a white Toyota that drives out from a separate alley.

From his experience, the officer says he was able to recognize New Jersey tags on the Toyota from coloring and lettering of the state tags. However, the officer was unable to decipher tag information for the Kia Soul or black SUV solely from the Ring footage.

Prosecution called a an additional MPD officer who responded to where Lukes’ friends were eventually stopped at the end of the alley to be detained for questioning. 

According to the officer, when he arrived at the “heightened scene,” the three juvenile’s faces were familiar from his patrol duty in the neighborhood. While trying to figure out what was going on, the officer tried to calm the scene and spoke to one of the juveniles. who was shot in the upper right leg.

Seen in the officer’s body-worn camera footage, the officer applied a tourniquet to the individual’s leg in the case of internal bleeding and called for paramedics. The juvenile was transported to the hospital and received treatment for his injuries.

Following the officer’s testimony, the prosecution called a scientist from the Department of Forensic Science (DFS) who responded to the hospital to collect evidence following the shooting including clothes and photos from Lukes as well as another victim of the shooting.

MPD body worn camera footage from the hospital revealed the surviving victim crying “is Mal okay?” in reference to Lukes. 

The scientist testified to taking photos of Lukes’ clothing and one of his shoes at the hospital. The prosecution introduced Lukes’ sweatpants, which he was wearing during  the shooting, and the scientist pointed out that there were no stains or tears. 

The prosecution also introduced the other victim’s clothes, showing stains and tears in the fabric of the victim’s pants from the shooting. 

In his cross examination, Andrew Ain, Freeman’s defense attorney, asked the scientist about the chain of custody for DFS evidence. The scientist admitted that she was not sure as to when the clothing had been sealed and opened prior to appearing in court. 

Ain also asked about the scientist’s discretion in collecting the photos and clothing as evidence for DFS. The scientist affirmed that DFS collects evidence “even if the slightest question of relevance” arises. 

Prosecution’s next witness was an investigator with the Office of the Chief Medical Examiner(OCME) who specializes in forensic pathology. The medical examiner had been the one to perform the internal and external examination during Lukes’ autopsy.  

The conclusion was that Lukes’ cause of death was “a gunshot wound to his chest,” ruling the death a homicide. 

The medical examiner affirmed that Lukes’ gunshot wound hit vital organs and that he “could not have run far given the injury.” 

In his cross examination, Brian McDaniels, Jackson’s defense attorney, pointed out that the medical examiner had not been involved in evidence collection. Furthermore, McDaniels asked the medical examiner if she knew what position Lukes was in when he was shot, demonstrating several possible positions consistent with the path of the bullet . The examiner could not be sure of the victim’s position during the shooting. 

In the prosecution’s redirect, the medical examiner affirmed that the lack of gunshot residue on the Lukes’ skin indicates shot from a distance.

Trial is set to resume Feb. 27.

Judge Issues Bench Warrant for Shooting Defendant

 

On Feb. 27, DC Superior Court Judge Eric Glover issued a bench warrant for a shooting defendant after failing to appear in court. 

Brandon Tyson, 37, is charged with unlawful discharge of a firearm for his alleged involvement in a non-fatal shooting that occurred on July 17, 2022. The incident occurred at an apartment complex located on the 2900 block of Knox Place, SE. 

According to court documents, Tyson allegedly fired multiple shots at the entryway of the apartment complex. No injuries were reported. 

On Feb. 5, Tyson was released during a presentment hearing and ordered to return on Feb. 27 for his preliminary hearing, for which he failed to appear. 

Tyson’s defense attorney, Thomas Healy, informed Judge Glover that he was informed by the Pretrial Services Agency (PSA) that Tyson was held in another jurisdiction for unknown reasons.

The prosecution requested a bench warrant be issued without bond, which the judge granted.

Parties will return when Tyson is taken into custody by the District.

Homicide Defendant Accepts Plea Deal

On Feb. 27, a homicide defendant accepted a plea deal extended by prosecutors in DC Superior Court Judge Marisa Demeo’s courtroom.

Andre Hicks, 40, was originally charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 34-year-old Daniel Adams on Nov. 25, 2023, on the 1700 block of Benning Road NE. 

Hicks’ defense attorney, Steven Kiersh, told the court that Hicks would like to accept the prosecution’s plea offer, which required him to plead guilty to one count of second-degree murder while armed, in exchange for the prosecution not seeking an indictment.

The prosecution claimed if the case had gone to trial, the evidence would have proven beyond a reasonable doubt that Hicks was the perpetrator in Adams’ death. 

After confirming that Hicks understood the terms of his plea, Judge Demeo ordered a pre-sentence report.

Parties are slated to return for sentencing on May 3.

Judge Denies Motion to Release Shooting Defendant

On Feb. 27, DC Superior Court Judge Jennifer Di Toro rejected a shooting defendant’s request for release. 

Donte Evans, 36, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal shooting incident on April 23, 2023, on the 3500 block of Stanton Road, SE. 

According to court documents, Evans allegedly shot at a Lyft driver after he refused to stop at a gas station. The victim sustained a gunshot wound. 

During the hearing, Evans’ lawyer, Howard McEachern,  requested Evans be released. He cited concerns about Evans’ mental and emotional health and requested that he be released for “a short duration”. 

He stated that he could be released to home confinement, or restricted to a specific location.

The judge acknowledged the defendant had family-related issues and stated that she was “sorry for (his) loss” and that he was in a “tough situation”. 

However, Judge Di Toro rejected the defense’s motion for release, emphasizing that Evans has “detainers” in Maryland which prevent the DC Superior Court from releasing him.

The judge stated that “even if she were to grant permission for two hours”, referring to Evans attending a “function”, he would be extradited if released.

Parties are set to reconvene on March 6.

Judge Finds Probable Cause in Non-Fatal Shooting Case

On Feb. 27, DC Superior Court Judge Marisa Demeo found probable cause a suspect committed a non-fatal shooting case.

Deangelo Wooten, 26, is charged with assault with intent to kill while armed, assault with a dangerous weapon, and possession of a firearm during a crime of violence for allegedly shooting his 16-year-old girlfriend on the 3400 Block of 13th Street, SE, on Jan. 20. The victim sustained serious injuries. 

During the hearing, the lead detective from the Metropolitan Police Department (MPD) testified that the victim and an eyewitness identified Wooten as the shooter, and that Wooten had sent the victim threatening text messages prior to the shooting.

In cross examination, Wooten’s defense attorney, Todd Baldwin, pointed out that the victim of the shooting initially named someone else as the shooter. He also stated that no DNA evidence currently linked Wooten to the incident, and that the threatening messages were sent from a phone number not associated with Wooten’s.

“You can indict a ham sandwich if you want, because a ham sandwich has meat,” Baldwin said. “This case has no meat.”

The prosecution responded saying the victim initially identified someone else as the shooter out of fear of violent retaliation because Wooten is allegedly part of a criminal crew–a neighborhood gang. 

“The weight of evidence is strong,” Judge Demeo said. 

Judge Demeo ultimately found probable cause there was sufficient evidence Wooten committed the crime given the facts, Wooten’s criminal record, and other pending cases. 

As a result, no conditions of release would ensure the safety of the community, according to Judge Demeo, and Wooten was detained. .

Parties are expected to return to court on May 8.

Document: MPD Seeks a Suspect in a Northeast Fatal Stabbing

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect involved in a fatal stabbing that occurred on Feb. 24 at the intersection of Maryland Avenue and Bladensburg Road, NE.

According to MPD documents, officers responded to the report of a stabbing at the location. When they arrived, they found a man suffering from a stab wound. The victim was transported to a local hospital, where after all life-saving efforts, he succumbed to his injuries.

The victim was identified as 53-year-old Christopher King.

The suspect 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.

Defense Motions to Sever Charges in Homicide Case

On Feb. 26, a motion to sever certain charges in a homicide case was discussed in the courtroom of DC Superior Court Judge Maribeth Raffinan

James Lewis, 46, is charged with kidnapping while armed, felony murder while armed, first-degree sexual abuse, assault with a dangerous weapon, possession of a prohibited weapon, and three counts of felony contempt, for his alleged involvement in the fatal-stabbing of 30-year-old Brenea Franklin. The incident occurred on the 1100 block of Bellevue Street, SE, on Jan. 31, 2021. 

In the hearing, Lewis’ attorneys, Mani Golzari and Prescott Loveland, requested that Lewis’ contempt charges be dismissed. 

The prosecution opposed this, claiming that Lewis violated his stay away order by allegedly calling a witness while being held at DC Jail. The calls went unanswered by the witness in question, but the call was traced to Lewis’ unique pin number.

Golzari argued that there is no clear evidence that proves Lewis was the one who made the phone call, and even if he did, Lewis was unaware that there was a stay away order in the first place. 

When the prosecution was able to prove that Lewis was present in the courtroom when the stay away order was placed, Glozari argued that Lewis had “cognitive limitations” that impacted his understanding of the stay away order.

Further, Golzari argued that the first-degree sexual assault charge and any associated charges should be severed from the homicide charges.

He explained that the sexual assault charge referred to an incident that took place months before Franklin’s homicide. The victim of this alleged assault came forward only after another witness reported it to the police in connection to the murder. 

For this reason, Golzari claimed that the victim of the alleged sexual assault was not credible. He cited other instances where the victim allegedly made “false allegations” to the police in relation to claims of sexual assault. He argued that these allegations could be the result of a mental health crisis.

The prosecution opposed these claims, stating that someone experiencing a mental health crisis did not make them discreditable, and there were many reasons a sexual assault victim would give varying accounts of their assault and not want to report it to the police. 

Golzari disagreed, and pointed to grand jury testimony where the victim testified that they had never been assaulted prior to Lewis’ alleged sexual assault. 

After both parties concluded their arguments, Judge Raffinan informed the court she would make a ruling on the motions from chambers. 

All parties are slated to return April 26.  

‘Disproportionately Harsh,’ Judge Says in Sentencing Homicide Defendant

On Feb. 23, DC Superior Court Judge Neal Kravitz reluctantly sentenced a co-defendant to 30 years in prison for his involvement in a 2017 homicide.

On July 26, 2021, Malik Hewitt, 43, was convicted of conspiracy, attempted robbery while armed, and felony murder while armed, for his involvement in the murder of 37-year-old Christopher Heard during an attempted robbery on April 27, 2017, at the 2300 block of Ainger Place, SE. 

Hewitt’s co-defendant, Nyekemia Everett, 38, was convicted of first-degree murder while armed, conspiracy, attempted robbery while armed, and possession of a firearm during a crime of violence, among other charges, for his involvement in the incident. 

The new sentence comes after a post-conviction appeal filed by Everett’s defense attorney Michael Madden and Hewitt’s defense attorney Nikki Lotze over a prior sentencing, which occurred on Oct. 19, 2021.  

At the Feb, 23 hearing, Judge Kravitz vacated Hewitt’s charge for attempted robbery while armed, but denied his request to dismiss the charge for felony murder, citing precedent that prevented him from eliminating specific charges that were returned to him for consideration.

According to Judge Kravitz, if he had the authority, he would have delivered a different verdict for Hewitt, adding that the sentencing is “disproportionately harsh” to the crime. He also argued that it seems Hewitt did not intend to kill anyone on the day of the incident, and that Hewitt was “less culpable” than Everett. 

He added that he hoped Hewitt would consider appealing to the DC Court of Appeals, saying that his appeal could help provide clarity as to whether a trial judge has discretion on which felony counts should be vacated.

“I’m either right about everything, or wrong about everything,” said Judge Kravitz, asserting that though he believed there were inconsistencies between the precedents preventing him from vacating the charge, he also believed that his assessment would not be a “harmless error” if he was wrong.

Judge Kravitz sentenced Hewitt to 30 years in prison with five years of supervised release for felony murder while armed, and two years in prison with three years of supervised release for conspiracy. The sentences will be served concurrently with credit for time served.

Everett was not present at the hearing due to his relocation to a new Bureau of Prisons (BoP) facility.

Everett’s sentencing date is set for April 12.

Document: Man Apprehended for a Homicide in Northwest DC

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a homicide that occurred on Feb. 12, on the 900 block of Shepherd Street, NW.

According to MPD documents, officers responded to the location for the report of sounds of gunshots, where they located a man with gunshot wound injuries. He died at the scene.

The victim was identified as 32-year-old Jeremy Dewayne Johnson.

On Feb. 24, pursuant to a DC Superior Court arrest warrant, 37-year-old Kyle Britton was arrested in Millbrae, California. He is charged with second-degree murder while armed.

He will go through the extradition process and will be returned to DC, where he will face charges.

Document: MPD Investigating Fatal Stabbing

The Metropolitan Police Department (MPD) is investigating a fatal stabbing that left one man dead on Feb. 24, on the intersection of Maryland Avenue and Bladensburg Road, NE.

According to MPD documents, officers responded to the location for the report of a stabbing. When they arrived, they found a man suffering from a stab wound. The victim was transported to a local hospital, where, after all life-saving efforts failed, he was pronounced dead.

The victim was identified as 53-year-old Christopher King.

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

Document: MPD Investigating Fatal Shooting

The Metropolitan Police Department (MPD) is investigating a fatal shooting that left one man dead and another injured on Feb. 23, on the 6200 block of Dix Street, NE.

According to MPD documents, officers responded to the location for the sounds of gunshots. When they arrived, they located a man who had been shot. He died at the scene.

The victim was identified as 35-year-old Ronald Clark.

At the same time, additional officers responded to the 300 block of 63rd Street, NE, for the report of a shooting victim. When they arrived, they found another man with gunshot wounds. He was taken to a local hospital for treatment of his injuries.

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

Document: MPD Arrests Man for Northeast Homicide

The Metropolitan Police Department (MPD) announced a man has been arrested in connection to a homicide that occurred on Feb. 23, on the 1600 block of New York Avenue, NE.

According to MPD documents, officers responded to the report of an unconscious person at the location. When they arrived, they located a woman, inside a hotel room, suffering from apparent trauma to the body. The victim was pronounced dead on the scene.

The victim was identified as 36-year-old Romaine Maddox.

On Feb. 23, as a result of the detectives’ investigation, 69-year-old William Barrett was arrested and charged with first-degree murder. The detectives’ investigation also suggests that the victim and the suspect were known to each other.

Document: Arrest Made in a Southeast Shooting that Left One Man Dead, Another Injured

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a shooting that left one man dead and another injured on Oct. 30, 2023, on the 4300 block of Halley Terrace, SE.

According to MPD documents, officers responded to the location for the report of a shooting. While responding to the scene, officers were flagged down on Martin Luther King Jr. Avenue by a man with gunshot wound injuries. He was transported to a local hospital and admitted in stable condition. During the investigation, officers were notified of a walk-in shooting victim at a local hospital, who later died.

The victim was identified as 23-year-old Melvin Dock Jr.

On Feb. 22, 21-year-old Maleek Thomas was arrested and charged with first-degree murder while armed.

Judge Issues Bench Warrant for Defendant in Non-Fatal Shooting Case

On Feb. 23, D.C Superior Court Judge Robert Okun issued a bench warrant for a defendant after successive failures to appear.

Tejan Bah, 33, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury, and two counts of assault with a dangerous weapon, among other charges, for his alleged involvement in a non-fatal shooting that occurred on Nov. 27, 2021 on the 2200 block of 25th Place, NE. The incident left an individual suffering from a gunshot wound to his chest and a stab wound to his shoulder.

Bah failed to appear in court today, after being released from D.C Jail on Aug. 24.

The judge opened by noting the defendant’s failure to appear at a previous hearing on Jan.19. He reserved the right to issue a bench warrant at the time, stating that he would do so if Bah failed to appear.

The prosecution referenced a Pretrial Services Agency (PSA) report that stated that Bah was last in contact with them on Feb. 6, stating that he failed to appear on Feb. 12 and in two other required appearances.

Gemma Stevens, Bah’s defense attorney, stated that there is “no indication he is doing anything violent or dangerous”, pointing out that he has had no arrests or “incidents with law enforcement.”

The judge stated that his failure to appear represented a problem for the case, and issued a bench warrant. The matter was continued. 

Parties are set to reconvene on March 11.