Defendant Accepts Plea Deal In Fatal Shooting Case

On Feb 9, D.C. Superior Court Judge Marisa J. Demeo accepted a plea agreement for a murder defendant.

Brandon Smith, 38, was originally charged with second-degree murder while armed for his involvement in the fatal shooting of 44-year old Charles Stanton on July 4, 2023. The incident occurred on the unit block of Patterson Street, NE.

According to court documents, Smith shot Stanton from his car while Stanton was riding his bike. Detectives later found the murder weapon inside a toilet tank, and the shirt Smith was wearing at the time of the shooting in his residence.

At the hearing, Smith accepted a deal from prosecutors which required he plead guilty to second-degree murder while armed, in exchange for the prosecution not seeking an indictment. In the agreement, parties agreed to a sentencing range of 18-to-22 years of incarceration. According to the DC Code the maximum penalty is 40 years.

According to the prosecution, had the case gone to trial, they would have proved beyond a reasonable doubt that Smith intentionally shot and killed Stanton while armed with a gun, and was not acting in self-defense.

Sentencing is scheduled to occur on April 26.

Defendant Receives Eight Year Sentence in Non-Fatal Shooting

On Feb. 9, D.C Superior Court Judge Robert Okun sentenced a defendant for his involvement in a non-fatal shooting incident in 2019.

Kenneth Gray, 24, was originally charged with two counts of assault with intent to kill while armed and three counts of possession of a firearm during a crime of violence, among other charges, for his involvement in a non-fatal shooting incident that took place on May 27, 2019, on the 1300 block of Brentwood Road, NE. The violence left an individual suffering from life-threatening injuries.

On Nov. 30, 2022, Gray accepted a deal that required him to plead guilty to assault with a dangerous weapon and possession of a firearm during a crime of violence, in reference to the shooting incident, and simple assault and possession of a prohibited weapon in reference to an unrelated matter.

The parties agreed to a sentencing range of six-to-eight years incarceration, with all the sentences running concurrently.

During sentencing, the prosecution requested Judge Okun sentence Gray to eight years. .

According to the prosecution, Gray fired more than 20 bullets in a crowded block. Prosecutors described Gray’s actions as having “all the hallmarks of the kind of gun violence plaguing the city.”

The prosecution also mentioned Gray’s history of unlawful gun possession, violent offenses, and violence during his incarceration. While serving time in prison, Gray accumulated 15 disciplinary reports for incidents such as assault, fighting, threatening staff, and possession of weapons.

Even so, prosecutors say he earned his high school degree in prison; however, they argued that should affect on his sentencing.

Gray’s defense attorney, Michael Madden, asked Judge Okun to take into consideration that Gray has completed his high school education and will be able to lean on support from his mother due to her consistent involvement in the case.

Since Gray was 20 at the time of the incident, Madden also requested he be sentenced under the Youth Rehabilitation Act (YRA), which allows a defendant’s conviction be effectively sealed if he successfully completes sentencing requirements.

Judge Okun denied the request to sentence him under YRA, citing the nature of the crime and Gray’s role in it.

Before sentencing, the judge stated that it was “fortunate that no one died” in the incident. He further described Gray’s conduct in prison as “abysmal.”

The judge concluded that a “sentence at the maximum [of the guideline] is appropriate.”

Judge Okun sentenced Gray to 72 months for the assault charge, 96 months for the firearm related charges, 180 days for a second assault charge and 1 year for a weapons charge. The sentences will be served concurrently, which means Gray is expected to serve eight years of incarceration.

Judge Okun stated that he will recommend the parole board perform a mental health evaluation, a substance abuse evaluation, and that Gray find employment upon his release.

No further dates will be set for this case.

Non-Fatal Shooting Defendant Rejects Plea Agreement

On Feb. 9, a non-fatal shooting defendant rejected a plea offer extended by prosecutors in front of DC Superior Court Judge Heidi Pasichow.

James Guillory, 23, is charged with two counts of assault with a dangerous weapon and one count of possession of a firearm during a crime of violence for his alleged involvement in a shooting that occurred on June 15, 2023, on the 4600 block of Hillside Road SE. Two people were injured in the incident.

According to court documents, one victim was shot in the thigh and another sustained a BB gun injury to the face.

During the hearing, the prosecutor alerted the court they had extended a plea offer to the defense, which required Guillory to plead guilty to one count of assault with a dangerous weapon causing significant bodily injury, and one count of possession of a firearm during a crime of violence, in exchange for them not seeking an indictment.

Guillory rejected the plea offer, instead requesting to go to trial.

Parties are expected to reconvene for trial June 20.

‘You Terrorized Your Own Neighborhood,’ Judge Tells Defendant at Sentencing

On Feb. 8, DC Superior Court Judge Erik Christian sentenced a defendant to ten years imprisonment for his involvement in a series of armed carjackings.

Darrin Bailey, 21, was originally charged with one count of armed carjacking, one count of unlawful possession of firearm, and one count of possession of a firearm during crime of violence or dangerous offense, for his involvement in a shooting that occurred on the 2400 block of Elvans Road, SE, on March 21, 2023.

“This situation has created agony in her life,” the prosecution stated of one victim.

According to court documents, several individuals allegedly opened fire at each other in the street. Bailey allegedly returned fire before fleeing the scene and was shortly after arrested by Metropolitan Police Department (MPD) officers. He was detained after it was discovered there was a warrant for his arrest for two prior carjackings that allegedly took place in 2022 in the same neighborhood.

On October 13, 2023, Bailey accepted a deal to plead guilty to one count of armed carjacking, one count of unlawful possession of a firearm, one count of unauthorized use of a vehicle, and one count of assault with intent to commit robbery. He was not charged for his alleged involvement in the shooting.

Defense attorney Albert Amissah asked the judge to sentence Bailey to 96 months with three years of supervised release, citing the defendant’s age and his desired pursuit of a GED. When given a moment to speak, Bailey also reiterated his commitment to change and become a “better man” for his child.

During sentencing, prosecution read out several statements from the carjacking victims, describing Bailey’s conduct as a “wake of violence,” that caused them significant emotional distress.

After hearing both parties, Judge Christian stated the plea deal was “substantially too light” of a sentence. “You terrorized your own neighborhood,” he said in reference to Elvans Road.

However, he accepted the initial plea agreement, concluding that he was hopeful the defendant would reenter society at the end of his sentence with a different perspective on life and property.

Bailey was sentenced to ten years incarceration with five years supervised release.

No further dates were set.

Trial Date Vacated and Release Denied in Juvenile Shooting Case

On Feb. 8, DC Superior Court Judge Andrea Hertzfeld granted the parties’ request to vacate a juvenile’s trial date to allow plea negotiations to continue. Judge Hertzfield also denied the defense’s request for release.

The juvenile, a 15-year-old boy, is charged with armed carjacking, assault with intent to commit robbery, robbery, and assault with a dangerous weapon for his alleged involvement in a carjacking and non-fatal shooting incident on Jan. 12.

According to Metropolitan Police Department (MPD) documents, a victim was sitting in his vehicle on the 1900 block of 14th Street, SE, when three suspects approached him, assaulted him, and robbed him at gunpoint. Two of the suspects took the victim’s vehicle.

Shortly after, one of the two suspects in the vehicle began to exchange gunfire with an unknown person on the 3300 block of Benning Road, NE, before being struck by gunfire.

During the hearing, Judge Hertzfeld discussed a motion, filed by the prosecution, which requested a continuance for the trial slated to begin Feb. 12.

According to the parties, the prosecution extended a plea deal on Feb. 6 and the defense needs additional time to discuss the deal with the juvenile and the Department of Youth Rehabilitation Services (DYRS).

Judge Hertzfeld granted the request for a continuance.

The juvenile’s defense attorney also requested he be released as he awaits further proceedings, even though he is required to remain in the custody of DYRS until July for his conviction in two other incidents.

Judge Hertzfeld denied the request for release.

Parties are slated to return Feb. 26.

Document: MPD Seeking Suspect in a Northwest Homicide

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect involved in a homicide that occurred on the 1100 block of 15th Street, NW on Feb. 2.

According to MPD documents, officers responded to the location for the report of an assault, where they located an adult male suffering from life-threatening injuries as a result from an assault. He was transported to a local hospital for treatment.

On Feb. 7, the victim succumbed to his injuries. He was identified as 41-year-old Vivek Taneja.

The suspect was captured by 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.

Document: MPD Arrests South Capitol Street Shooting Suspect

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a shooting that occurred on Feb. 7 on the 3900 block of South Capitol Street, SW.

According to MPD documents, the suspect shot at two victims sitting inside a car at the location. One of the victims was struck and transported to an area hospital for treatment of non-life-threatening injuries.

An officer on patrol in the area witness the offense and called for backup. After the responding officers gave numerous commands to drop the guns, the suspect complied and was placed under arrest. Two firearms were recovered.

MPD arrested and charged 25-year-old Jordan Thurman with assault with a dangerous weapon and carrying a pistol without a license.

Judge Holds Penn State Student as Homicide Defendant

On Feb. 7, DC Superior Court Judge Renee Raymond held a Penn State student who is suspected in a homicide. Na’eem Butler, 20, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 24-year-old Diamonte Lewis on Oct. 21, 2023, on the 900 block of U Street, NW.

According to court documents officers from the Metropolitan Police Department (MPD) responded to the sounds of gunfire at the location around 3:30 a.m. When they arrived they discovered Lewis mortally wounded from six gunshots.

The killing was the apparent result of a confrontation between two groups in DC’s busy U Street corridor. Lewis was reportedly going to Nellie’s nightclub when he got into a fight that he won, but was shot in retaliation.

According to prosecutors, there’s video that shows Butler, and two other suspects, in the moments leading up to and during the shooting. However, the defense argued for Butler’s release saying he had no criminal record, was student at Penn State University and many of his family members attended the proceeding in support.

Judge Raymond ruled that Butler was aware of actions and that there is enough evidence to provide probable cause. Butler’s next hearing set for Feb. 29 with DC Superior Court Judge Robert Okun.

Case Acquitted: Non-Fatal Shooting Defendant Pleads Not Guilty

Jose Zuniga was acquitted of all charges on Feb. 15, 2024.

On Feb. 8, a non-fatal shooting defendant pleaded not guilty to his charges before DC Superior Court Judge Lynn Leibovitz.

Jose Zuniga, 28, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and simple assault, for his alleged involvement in a non-fatal shooting. The incident occurred on November 11, 2023, on the 400 block of 2nd Street, NW. There were no injuries reported.

According to MPD documents, two men were involved in an argument while inside a building. During the argument, the suspect shot at the victim and fled the scene. The victim was not injured. The suspect was apprehended by responding officers.

Joseph Molina, Zuniga’s attorney, informed the court that Zuniga pleaded not guilty to all three of his charges, and asserted his constitutional rights, including a speedy trial.

Parties alerted the court that they are prepared to go to trial on Feb. 12.

Document: MPD Arrests Teenager for December Homicide

The Metropolitan Police Department (MPD) announced a juvenile was arrested in connection to a homicide that occurred on Dec. 18, 2023, on the 5400 block of Illinois Avenue, NW.

According to MPD documents, officers were at the intersection of Georgia Avenue and Kennedy Street, NW, when they heard gunshots. They responded to the 5400 block of Illinois Avenue, NW, where they located a man with gunshot wound injuries. A private vehicle took him to a hospital, where he died.

The victim was identified as 27-year-old Jihad Darden.

On Feb. 7, pursuant to a DC Superior Court custody order, a 15-year-old juvenile male, from Bowie, MD, was arrested. Once he’s extradited to DC, he will be charged with first-degree murder while armed.

Defense Asks About Possible Gang Connection to 2020 Homicide

On Feb. 7, DC Superior Court Judge Michael O’Keefe resumed the trial of a 2020 fatal shooting case with questions raised about a possible link to a criminal gang.

Terrell Poe, 38, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict for his alleged involvement in the fatal shooting of Christopher Washington, 30, on Sept. 23, 2020, on the 400 block of Southern Avenue, SE.

Prosecutors called an individual who claimed his white truck had been stolen in July 2020. The prosecution presented photographs of the truck, which he identified as his. He also identified stickers on the truck present when it was stolen.

Prosecutors alleged that Poe stole the witness’ truck and that the vehicle was used to carry out the crime.

Prosecutors also called a detective from the Metropolitan Police Department (MPD), who testified about the recovery of “a phone and key fob” at the scene.

They utilized surveillance footage to corroborate the detective’s testimony. One of the videos showed the white truck at the scene of the crime, with an individual leaving the vehicle. Moments later, a shooting occurred at a bus stop next to where the truck was parked.

“Based on the videos, we followed either the decedent or the suspect video from one location to the next,” the detective said.

According to the detective, a compilation created with footage from local businesses presented “a fair and accurate” representation of events that day.

A white pickup truck was spotted across different location including a convenience store and a church. The detective alleged it was the same truck that had been stolen months before the shooting.

Prosecutors say Poe first drove the vehicle from a parking lot near a church to the scene of the shooting. After the shooting, they say, Poe drove it back to the church parking lot.

During cross-examination, Poe’s defense attorney, Marnitta King, questioned the detective about a comment made by his partner in several reports about a “Duffy gang-gang crew,” a gang which is believed to congregate in the neighborhood where the crime occurred.

Although the detective could not recall gathering information about the group, he affirmed that detectives are advised to make note of which neighborhood where crews operate.

“It could garner more investigative leads as to whether a particular crew is having a feud in that area,” the detective confirmed.

During King’s cross-examination of the detective, he acknowledged the timing of the surveillance footage from the nearby church was slightly off.

“If you don’t know that [the exact time], then how would you be able to place it in a timeline?” King questioned.

To compensate, the detective said he used a witness statement from Washington’s best friend to determine how the footage fit chronologically.

The prosecution called their next witness, a friend of Washington’s who lived across the street from the church connected to the crime scene.

According to the witness, on the day of the incident, he, his friend, and both their daughters were in the church parking lot riding bikes. The witness said he saw Poe pull into the parking lot driving a white pick-up truck, immediately able to sense something wasn’t right.

“He pulled in very aggressively,” the witness recalled, adding, “Being a parent, I knew something was wrong. I just got a bad vibe.”

The witness said he and his group left the parking lot to go to the gas station nearby. Returning to his apartment, the witness said he could hear a gun firing.

“I heard some shots,” the witness said. “Not knowing it was my friend [who was shot].”

The prosecution proceeded by presenting several text messages between the witness and a number that he believed belonged to Poe. The texts reached out to the witness after the incident saying that he had money to give him. The unknown number repeatedly used the nickname “Fat Boy,” which the witness indicated refers to Poe.

“I only know one ‘Fat Boy’ who hangs around them,” the witness said. “It threw a red flag, and I was confused on what was going on.”

In the days following the incident, the witness said he noticed Poe and his friends outside his apartment. The witness alleged they were “looking for (my) red BMW” to exchange the money they previously promised.

In King’s cross-examination, she raised the witness’s criminal history along with his possible involvement in the “Duffy gang-gang crew.” King pointed to records that indicated the witness was convicted of selling drugs more than 10 years ago. However, the witness claimed he was no longer involved in drug sales and had never been involved in any “gang” in his area.

King continued by questioning the witness’s recollection of the events that occurred on the incident date.

The witness returned to his original testimony that said he and his daughter were in the lot together riding bikes, as footage of them shows only that he was present in the parking lot.

King emphasized the contradictions between his testimony at trial and his prior testimony in front of the grand jury.

“You said to the Grand Jury that you were concerned at that time because your daughter was in the lot with you and now you’re testifying that she was in the house,” King said.

The witness reiterated that he and his daughter were riding bikes in the parking lot that day, and the exact timing of each event was no longer as clear in his mind as it was when he testified before the grand jury.

“That video [his original testimony] was right after the crime,” the witness said. “Now it’s been years since it happened.”

Due to time constraints, King did not get to conclude her cross-examination of the witness.

Parties are slated to return on Feb. 8.

Non-Fatal Shooting Defendant Accepts Plea Deal

In a Feb. 7 hearing, a non-fatal shooting defendant accepted a plea deal extended by prosecutors in DC Superior Court Judge Erik Christian’s courtroom.

Chanel Clinton, 27, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for her involvement in a non-fatal shooting on January 18, outside of a 7-Eleven on the 4800 block of Nannie Helen Burroughs Avenue, NE. The incident left one individual suffering from gunshot wounds.

Clinton accepted an offer which required her to plead guilty to assault with a dangerous weapon, in exchange for the prosecution’s not indicting her on other charges.

Clinton’s attorney, John Sample, alerted the judge and prosecutor that Clinton has no criminal history, graduated from a military school, and was working as an armed security guard at the time of the incident.

Sample requested Clinton be placed on 24-hour house arrest, and gestured towards her family members in the gallery, who agreed to house her for the duration of her supervised release.

The prosecutor reiterated that, despite the defendant’s educational achievements and career, it didn’t justify the irresponsible use of her duty firearm against the victim.

Prosecutors displayed body-worn camera footage, which showed the officer who made contact with Clinton attempting to break up the argument between Clinton and the victim. The defendant then drew her firearm and shot the victim, striking her in the shoulder.

Judge Christian denied the request, citing the severity of the offense, and the irresponsible use of her work-provided firearm.

Parties are expected to reconvene on April 22 for sentencing.

Judge Orders Prosecution to Give Defense Some Body-Worn Camera Footage

On Feb. 7, DC Superior Court Judge Robert Okun ordered the prosecution to provide the defense with body-worn camera footage of a homicide defendant at the scene of the crime.

Juan Guerra, 31, is charged with second-degree murder for his alleged involvement in the fatal beating of 31-year-old Peter Miller, which occurred on Oct. 6, 2023, on the 900 block of Maine Avenue, SW.

According to court documents, officers responded to the location for the report of an unconscious person, where they located Miller inside of a residence. He was transported to a local hospital, where he was admitted in critical condition. On Oct. 11, he succumbed to his injuries. The Office of the Chief Medical Examiner (OCME) ruled Miller’s death a homicide, and the cause of death to be from blunt force trauma.

In Guerra’s preliminary hearing, defense attorney Kevin Mosley requested certain pieces of evidence in the prosecution’s possession be turned over to defense counsel.

Including body-worn camera footage of Metro Police Department (MPD) officers speaking with Guerra at the scene, as well as footage of the search of the residence where Miller was found.

According to court documents and the prosecution, Guerra appeared to be moving objects in the residence when MPD arrived.

The prosecution responded that the defense is not entitled to the footage because it was four hours long, and that Guerra was only visible in portions of it. They stated that they had already provided the defense with the facts of what had occurred in the video, so sending them the video would be unnecessary.

Additionally, the prosecution argued several witnesses are present in the video, and they could be endangered risk if the footage was released.

Mosley argued he was entitled to the footage because he needed to confirm the prosecution’s summary of events, and could not simply accept their version as fact. Further, all of the witnesses were already known to Guerra and had been his former friends, so the footage should not pose any safety risk,

Mosley also stated that he would need the footage in order to see any potential injuries Guerra might have that could indicate that he was acting in self defense. Mosley stated that since there had been no eyewitnesses to the crime, this footage could be useful in determining what had actually happened.

Judge Okun ruled that the defense does not need the full four-hour video, but the prosecution has to provide them clips of the footage where the defendant can be seen or heard speaking.

The prosecution agreed to do this, but stated that it would take them around a week to edit the footage and address safety concerns regarding any witnesses visible in the clips.

Judge Okun issued a continuance for the preliminary hearing and scheduled it for Feb. 27 with a different judge, as he would be unable to preside on that date.

Document: MPD Investigating Fatal Southeast Shooting

The Metropolitan Police Department (MPD) is investigating a fatal shooting that occurred on Feb. 6 on the 3200 block of Pennsylvania Avenue, SE.

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

The victim was identified as 48-year-old Rufus Brown.

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 Makes Second Arrest in Northwest Homicide

The Metropolitan Police Department (MPD) announced a second arrest was made in connection to a fatal shooting that occurred on Oct. 21, 2023, on the 900 block of U Street, NW.

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

The victim was identified as 24-year-old Diamonte Lewis.

On Dec. 5, a 16-year-old male from Virginia was arrested and charged as an adult with second-degree murder while armed.

On Feb. 6, pursuant to a DC Superior Court arrest warrant, 20-year-old Na’eem Butler was arrested after he was extradited from State College, PA. He was charged with second-degree murder while armed.

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