Judge Says Homicide Probable Cause Was a ‘Close Call’

On March 4, the preliminary hearing of two co-defendants concluded in DC Superior Court Judge Okun’s courtroom.

Na’eem Butler, 20, a Pennsylvania State University student, and Ashton Inabinet, 16, are charged with second-degree murder while armed for their alleged involvement in the fatal shooting of 24-year-old Diamonte Lewis. The incident occurred on Oct. 21, 2023, on the 900 block of U Street, NW.

Inabinet is charged as an adult under Title 16.

According to court documents, Butler and Inabinet were with a group of friends when they were confronted by Lewis and his friends. Allegedly, several arguments followed as the antagonists moved down U street as Lewis and a friend followed Butler and Inabinet’s group.

Surveillance footage then captured two individuals, identified as Butler and Inabinet, show firearms and shoot in Lewis’ direction as he falls to the ground. Lewis died at the scene.

The preliminary hearing was a continuation of one that occurred on Feb. 29.

Butler’s defense attorney, Kevann Gardner, began by challenging a detective’s credibility based on her testimony compared to surveillance footage of the incident. Gardner believed the detective had misrepresented the case.

“I think it’s a black-and-white issue that she was dishonest,” Gardner stated. “We must hold detectives to a higher standard.”

Judge Okun ruled the detective’s credibility shouldn’t be challenged in this case, despite the detective’s testimony being “sloppy.”

“No doubt parts of her testimony were inaccurate,” Judge Okun said, but concluded the detective had not knowingly made false statements.

The prosecution then asked the judge to find probable cause for Butler and Inabinet. The prosecutor argued that Butler and Inabinet were the only ones to have discharged firearms, and this escalated the altercation, even if Lewis and his friend had initiated it.

“Were they bullies? Yeah, they were,” the prosecutor said in reference to Lewis and his friend.

The prosecutor also stated that Butler and Inabinet had discharged their firearms into a crowded street.

“The fact that no one else was killed was a miracle,” said the prosecutor. “You can’t bring a gun to a fistfight.”

Further, the prosecutor stated that a witness allegedly heard Butler exclaim, “I caught a body!” after the shooting.

Gardner argued that Butler was acting in self-defense of himself and others. He claimed that Lewis and his friend were acting as the aggressors, and Butler consistently walked away.

He also claimed that eyewitnesses saw Lewis and his friend “grabbing at their waistbands,” to indicate they possessed firearms.

“Butler never, ever pulled out a gun until he believed he was going to die,” Gardner argued.

He claimed that Butler had turned away from the group when Inabinet allegedly fired the first shot. When Butler turned around, he saw Lewis’s friend holding a gun, and assumed he had been the one to fire. Fearing for his life, Butler returned fire.

Surveillance footage then showed Lewis’ friend allegedly leaning over his body after he was shot, then quickly fleeing the scene. Gardner claimed that this showed a “clear opportunity” for the friend to remove a firearm from Lewis. He argued that if Lewis was in possession of a firearm, then Butler had been acting in self-defense because he felt threatened.

Inabinet’s defense attorney, Stuart Sears, also argued that Inabinet was acting in self defense of himself and others.

He alleged that, during one confrontation before the shooting, Lewis and his friend attacked Inabinet, who ran away with his friends at first opportunity.

“They didn’t retaliate,” Sears claimed. “They took their beating, and they tried to go home.”

He agreed with Gardner that Lewis’s friend had an opportunity to take a firearm from him before police arrived.

“He was not giving CPR, I know that,” Sears said.

The prosecution said a marked police car was visible on surveillance footage, so Butler and Inabinet could have approached officers if they felt threatened.

After brief deliberation, Judge Okun found probable cause for second-degree murder while armed, claiming it was a “close call.”

“The evidence is sufficient, but just barely,” he stated in his ruling.

He cited that self-defense did not apply because there was not enough evidence that Lewis and his friend had possessed firearms.

The parties then made arguments for the release of Butler and Inabinet.

Ultimately Judge Okun ordered for the supervised release of both Butler and Inabinet with home confinement and GPS monitoring based on family support.

“Evidence in this case weighs heavily in favor of release,” Judge Okun said.

Parties are slated to reconvene on May 31.

Eyewitness Follows Suspect Vehicle After Fatal Shooting

On March 4, DC Superior Court Judge Rainey Brandt heard witness testimony from an eyewitness who said she followed the suspects after a murder.

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 a gunshot wound to the right leg.

Driving home from church in her black SUV that Sunday, March 1, the prosecution witness explained that she was on the phone with a friend and had pulled over to let another car pass.

“When I looked up, the car was stopped and [two individuals]” get out of the passenger side of a Kia Soul and “shoot into a crowd of boys that were at the end of the alley.”

She described the two shooters as “black or brown” with “male build.”

The witness recalled trying to unlock her phone to take a picture of the license plate, but was unsuccessful.

“Something happened that wasn’t lawful and I wanted to document the vehicle,” the witness said.

She decided to follow behind the Kia Soul.

The witness recalled following the suspect vehicle for a few minutes, and ended up losing sight of it at a red light. The witness then called 911.

The prosecution played the 911 call during the hearing, where the witness is heard describing the suspect vehicle she followed as a “light-colored, four door sedan.”

Freeman’s defense attorney, Andrew Ain, asked the witness the manner of the Kia driving away. The witness explained that the suspect vehicle traveled at “normal speed” after the shooting.

Jackson’s defense attorney, Brian McDaniel, confirmed the witness’ grand jury testimony from April 21, 2020, when she stated the two shooters were “really tall” in relation to the car, which she described as a “clown car” because “they had to fold themselves in.”

In their redirect, the prosecution asked the witness why she was interested in collecting information for the police. She said “because of the job that I do. It’s based on gathering as much detail as possible to help with the investigation.”

Prosecutors also called a Metropolitan Police Department (MPD) officer to testify about aiding the lead detective in collecting surveillance footage from two locations involving the suspect vehicle, a Kia Soul.

According to the officer, on March 11, 2020, he met with homicide detectives and the business manager of a gas station to download footage from the day of the crime.

It showed a Kia drive up to a gas pump. At 12:52 p.m., an individual got out of the front passenger seat and walked into the building. The individual in the driver’s seat followed.

The officer did not identify the individuals.

At 12:55 p.m., they return to the vehicle and drive away.

According to the officer, on March 15 he and homicide detectives met with the manager of an apartment complex 3000 block of 14th Street, NW, to extract footage from March 1 of the lobby and exterior street view of the entrance.

The officer explained that although the footage does not have a visible timestamp, it accurately showed what happened.

The footage shows “two males come into the screen” in the lobby who leave the building. The exterior camera showed what appeared to be “two people standing in front of that building.”

One walking southbound, and the other individual appears to walk to the cars stopped in traffic, “go to the driver’s side” and get into a Kia Soul.

Freeman’s defense attorney, Andrew Ain, asked the witness to identify characteristics of one of the individuals seen in the lobby videos. The officer replied, “He’s wearing glasses.”

Jackson’s defense attorney, Brian McDaniel, asked the officer if he was sure the time stamp was correct for the videos from the gas station. The officer wasn’t sure and did not recall checking if the timestamp was accurate.

McDaniel questioned the authenticity of the edited footage.

Parties are slated to return March 5.

Non-Fatal Shooting Defendant Rejects Plea Deal In Assault Case

On March 5, a non-fatal shooting defendant rejected a plea offer extended by prosecutors before DC Superior Court Judge Michael Ryan.

Davida Johnson, 26, is charged with possession of a firearm during a crime of violence and assault with a significant bodily injury while armed, for her alleged involvement in a shooting incident that occurred on May 8, 2023, on the 900 block of Brentwood Road, NE. The victim sustained two gunshot wounds, one in her left arm and one in her right buttocks.

During the hearing, Rachel Cicurel, who was standing in for Johnson’s attorney, Kavya Naini, informed the judge the prosecution had extended a plea offer to Johnson.

According to Cicurel, it required Johnson to plead guilty to one count of battery while armed in exchange for a dismissal of all other charges and the prosecution not seeking an indictment.

However, Cicurel alerted Judge Ryan that Johnson was rejecting the offer and wanted a trial date set.

The defense also requested the prosecution provide the victim’s medical records, witnesses’ grand jury testimonies, and text messages ahead of the trial.

Currently, there are no indictment charges filed against Johnson, but they are pending.

Parties are scheduled to reconvene on March 15.

Opening Statements Delivered in Non-Fatal Shooting Trial

On March 4, opening statements were delivered in a non-fatal shooting trial before DC Superior Court Judge Maribeth Raffinan.

Kamara Huffler, 32, is charged with assault with intent to kill, aggravated assault knowingly while armed, and multiple unlawful possession of a firearm charges, for his alleged involvement in a non-fatal shooting. The incident occurred on Sept. 19, 2022, on the 800 block of Barnaby Street, SE. One individual sustained non-life-threatening injuries during the incident.

According to court documents, Huffler allegedly attempted to enter an apartment and was involved in a verbal altercation with the individual who lived there. It escalated into a shootout, and the victim sustained a gunshot wound to his knee.

The prosecution claimed that the apartment Huffler was trying to enter forcibly was occupied by a woman and her children. According to the prosecution, at three a.m. the woman was awakened by knocking at the front door. When she looked through the peephole, she saw a woman wrapped in a blanket.

After going back to bed, the woman inside heard more knocking, again looked through the peephole, and noticed that the woman outside was joined by a man, who was later identified as Huffler. The prosecution claimed that the woman continued to ignore the knocking, but grew worried as the knocking became more aggressive.

According to the prosecution, the woman called her boyfriend, the victim of the shooting, who immediately left work to check on her. Upon his arrival, he saw Huffler and the other woman were still at the apartment. The victim tried to make Huffler leave, but he remained resistant, the prosecution alleged.

The prosecution claimed that the victim followed Huffler to the parking lot to ensure he was leaving the premises, and that’s when he allegedly drew his gun and began to shoot.

In the defense’s opening statements, Huffler’s attorney, Jamison Koehler, argued that the night of the incident was “a terrible mistake” and that Huffler had to act in self-defense.

Koehler claimed that Huffler was out partying, “having a good time”, and wanted to continue his “night of fun” by going to his friend’s apartment.

According to Koehler, Huffler mixed up the apartment numbers and accidentally ended up at the wrong door. Huffler even called his friend, letting him know that no one was answering the door, who advised him to keep knocking, Koehler stated.

Koehler alleged that the shooting victim showed a gun to Huffler who fired in self-defense.

“Keep an open mind until we tell you our side of the story,” Koehler said.

Parties are slated to return March 5 to resume trial.

Case Acquitted: Judge Grants Two Motions During Trial Readiness Hearing

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

On March 5, DC Superior Court Judge Marisa Demeo granted two motions filed by the prosecution to admit various segments of surveillance footage and a majority of the audio which was recorded in the moments leading up to the incident and afterwards in a homicide case trial.

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.

The prosecution presented a video captured by a Metropolitan Police Department (MPD) officer’s body-worn camera of Carey’s body on the ground after the incident. At the end of the video, the camera moves closer to the side of Carey’s head which appeared to be covered in blood.

Posey’s defense attorneys, Kevann Gardner and Quiana Harris, requested that the court cut out the video before the camera moves closer to Carey’s head since it lacks relevancy and is graphic in nature.

The prosecution countered that the video corroborates the testimony they believe witnesses will give at the trial, saying Carey was shot in the head.

Judge Demeo ruled in favor of the prosecution and the video will be played by the jury.

The prosecution then presented four videos captured by surveillance cameras at the gas station, which recorded the crime as it occurred.

All videos allegedly depict Posey in her vehicle leading up to the shooting with audio of gunshots, including one sequence taken by a bystander showing the chaotic scene

Gardner and Harris objected to all of the videos arguing that none capture Posey’s demeanor before, during or after the crime, which was the prosecution’s reasoning behind using the videos. Harris added that the videos are cumulative as they all establish the same facts by capturing the same series of events.

Judge Demeo said that the videos are highly relevant because they were taken while the crime was being committed. She also mentioned that the videos recorded different angles of the crime so they are not cumulative.

Gardner and Harris then requested that some “inappropriate” audio be removed from the bystander’s recording, as the bystander can be heard laughing and talking.

Judge Demeo agreed with the defense and ruled that the prosecution must remove the audio of the recording where the bystander was making statements such as, “Y’all better get the f**k on!”

Parties are expected to return to court on March 11 for the trial.

Non-Fatal Shooting Defendant Rejects Plea Offer

On March 5, a non-fatal shooting defendant rejected a plea deal in front of DC Superior Court Judge Jennifer Di Toro.

Gerald Day, 32, and Paul Poston, 30, are charged with assault with a dangerous weapon, for their alleged involvement in a non-fatal shooting that occurred on October 29, 2023, at the intersection of O St SW and Carrollsburg Place SW. There were no injuries reported.

According to court documents, Day and Poston shot at the victim’s car when a fight broke out after a party. Day is accused of threatening the victim, stating, “I’ll blow your ass up,” before allegedly firing multiple rounds as the victim sped away.

Day was offered a deal by the prosecution, which required him to plead guilty to assault with a dangerous weapon, in exchange of the prosecution not seeking an indictment.

He rejected the plea, and Steven Polin, Day’s defense attorney reminded the court of Day’s right to a speedy trial. He is slated to return for an interim status hearing on April 25.

Poston’s defense attorney, Peter Odom, stated they haven’t reached a resolution but they are sure that they will accept a plea deal, once it’s finalized.

Poston is slated to return for a felony status conference on March 19.

Data Shows Significant Increase in Homicide and Non-Fatal Shooting Rates from January to February

According to D.C. Witness data, there was a 77 percent increase in homicides and 69 percent increase in non-fatal shootings in February when compared to numbers from January.

As of March 5, February had 16 homicide victims and 22 non-fatal shooting victims, with 75 percent of homicides this month being shooting-related.

January had nine homicides and 13 non-fatal shootings.

On the evening of Feb. 10, officers were flagged down at an intersection by Brittany Gaylor, who allegedly said she stabbed a man inside a residence at the 1600 block of 6th Street, NW.

He was identified as her father, 70-year-old James Gaylor, who was transported to a nearby hospital for treatment of life-threatening injuries but died on Feb. 11.

On Feb 10, Brittany, 32, was arrested and charged with assault with intent to kill while armed for her alleged involvement in James’ stabbing. The charges were upgraded to second-degree murder while armed after his death.

On the morning of Feb. 14, Metropolitan Police Department (MPD) officers responded to the 5000 block of Hanna Place, SE, to serve an arrest warrant on a suspect who was wanted for cruelty to animals.

While police were outside, the suspect allegedly fired multiple gunshots through the door, wounding three officers.

He then barricaded himself for hours until MPD successfully negotiated his surrender.

The gunman was eventually identified as 48-year-old Stephen Claude Rattigan. He was arrested pursuant to the arrest warrant for animal cruelty.

He was also charged with assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence and two counts of assault on a police officer while armed.

That same night, MPD officers responded to a report of an unconscious person at the 5000 block of Jay Street, NE, where they located two women and a man dead from apparent gunshot wound injuries inside an apartment.

The victims were identified as 58-year-old Renee Bigelow, 40-year-old Kimberly Stevens, and 59-year-old Leon Harper.

MPD has yet to arrest anyone in connection to the case.

D.C. Witness data ultimately shows, as of Feb. 29, at least 19 incidents reported in February do not have named suspects or arrests in connection with their cases.

Document: Victim Identified MPD Investigating Fatal Shooting in Southeast DC

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on March 3 on the 2700 block of Jasper Street, SE.

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

The victim was identified as 31-year-old William Hargrove.

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.

Shooting Defendant Stays on Probation After Compliance Report

On March 4, DC Superior Court Judge Errol Arthur maintained a shooting defendant’s probation since he’s in compliance with release conditions.

Robert Brown, 23, is charged with assault with a dangerous weapon and carrying a pistol without a license outside of a home or place of business, for his alleged involvement in a non-fatal shooting that occurred on Jan. 17, 2020, on the 900 block of Wahler Place, SE. The shooting injured two victims in addition to a one-year-old pit bull.

Brown faced a possible revocation of his probation because of his alleged failure to comply with the terms. In the hearing, however, Brown’s Community Supervision Officer (CSO), reported that he has been fully cooperative since his last hearing on Jan. 4.

Brown tested negative for illegal drugs and is currently working on his GED.

The prosecution had no further objection to the findings.llHowever, they stated that, because the victims were minors, their families still had safety concerns.

Brown’s probation is set to end on Nov. 27, 2024 and no further hearings are scheduled.

Judge Denies Homicide Defendant’s Request for Release

On Feb. 29, DC Superior Court Judge Michael O’Keefe denied a homicide defendant’s request for release.

Brittany Gaylor, 32, is charged with second-degree murder while armed and assault with intent to kill while armed for her alleged involvement in the murder of her father, 70-year-old James Gaylor. The incident occurred on the 1600 block of 6th Street, NW, on Feb. 10. James succumbed to his injuries on Feb. 11.

After undergoing a psychological evaluation, Gaylor was declared mentally competent to stand trial.

The prosecution presented two body-worn camera videos from Metropolitan Police Department (MPD) officers detailing the incident.

The first, from Feb. 8, shows James Gaylor talking to a police officer and claiming that his daughter had allegedly stood over his bed holding a knife, saying, “I’m going to kill you before you get the chance to kill me.”

The second clip, from Feb. 10, shows police officers administering aid to James after he was stabbed in the head, back, stomach, and arms. When officers asked James who did it, he allegedly replied “my daughter.”

“Everything he feared came to fruition,” said the prosecutor.

“Despite the horrific, graphic incident, there is no risk for anyone else,” said Todd Baldwin, Brittany’s defense attorney, who argued that she had never been violent toward anyone and she believed her life was in danger.

To support the claim, Baldwin presented a text message that Brittany sent to a friend on Feb. 6 saying if she was to mysteriously die, an autopsy should be done because her father was the one who killed her.

Judge O’Keefe noted although she was afraid, it does not prove Brittany was in any danger since she could have experienced hallucinations. He added that the texts sound like someone who “is experiencing a psychotic break.”

Judge O’Keefe denied the defense’s request for release, stating that “everybody is in danger if either words or an imaginary threat lead to this type of violence.”

Parties are slated to return Mar. 28.

Shooting Defendant Pleads Not Guilty at Arraignment

On March 4, a non-fatal shooting defendant was arraigned before DC Superior Court Judge Robert Salerno.

Vann D. Allen, 25, is charged with assault with intent to kill while armed, five counts of possession of a firearm during crime of violence, and two counts of assault with a dangerous weapon for his alleged involvement in a shooting incident on the 1400 block of Okie Street, NE, on Nov. 11, 2023. One individual sustained non-life-threatening injuries.

At the hearing, Allen’s defense attorney, Michelle Lockard, notified the court that he is pleading not guilty to all charges, and is asserting his constitutional rights, including a speedy trial.

Allen’s case has been transferred to DC Superior Court Judge Maribeth Raffinan for further action.

Parties are set to return on March 14.

Document: MPD Investigating Fatal Shooting in Southeast DC

The Metropolitan Police Department (MPD) is investigating a fatal shooting that occurred March 3 on the 2700 block of Jasper Street, SE.

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

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

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: Man Apprehended for a Homicide in Northeast DC

The Metropolitan Police Department (MPD) announced a man has been arrested in connection to a fatal stabbing that occurred on Nov. 11, 2022, on the 500 block of Riggs Road, NE.

According to MPD documents, officers responded to the location for the report of a stabbing, where they located a man suffering from apparent stab wounds. He died at the scene.

The victim was identified as 20-year-old Rashawn Phifer.

On March 1, 2024, pursuant to a DC Superior Court arrest warrant, 21-year-old Christian Wilkerson was arrested and charged with second-degree murder while armed. He will go through the extradition process.

Document: MPD Arrests Teen in Killing of Rideshare Driver

The Metropolitan Police Department (MPD) announced an arrest has been made in connection to the killing of a rideshare driver on July 3, 2023, on the 400 block of 11th Street, NE.

According to MPD documents, officers responded to the location for the report of an unconscious person. They located an adult male shooting victim inside of a vehicle. He was taken to an area hospital, where he died.

The victim was identified as 31-year-old Nasrat Ahmad Yar.

On March 1, MPD arrested and charged a 15-year-old boy with first-degree murder while armed.

This case remains under investigation. 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 D.C. Housing Authority Officer-Involved Shooting

The Metropolitan Police Department’s (MPD) Force Investigations Team from their Internal Affairs Bureau is investigating a DC Housing Authority Police (DCHAP) officer-involved shooting that occurred on Feb. 29 on the 400 block of M Street, SE.

According to MPD documents, DCHAP responded to the location for the report of an unlawful entry. Officers located two suspects inside the property, and, as the officers attempted to stop one of the suspects, a struggle ensued which eventually led to an exchange of gunfire between an officer and the suspect. As a result, one of the DCHAP officers was struck.

The suspect then fled into a neighboring building. A barricade was declared and members of MPD’s Emergency Response Team were called to the scene to assist.

MPD located the suspect on the roof of that building a short time later and placed him under arrest. The suspect’s gun was recovered from a trash can inside of the building.

MPD arrested 40-year-old Victor Terrill, and charged him with assault with intent to kill, assault on a police officer, felon in possession of a firearm, and unlawful entry. They also arrested and charged 37-year-old Teyona Tolson with unlawful entry.

The injured DCHAP officer was transported to a hospital for the treatment of non-life-threatening injuries.

The officer-involved shooting remains under investigation.

Anyone with information about this case is asked to call police.

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