Parties Give Closing Arguments in Road Rage Shooting Trial

On Jan. 22, parties gave closing arguments in a 2021 non-fatal shooting, road rage trial before DC Superior Court Judge Rainey Brandt.

Kenneth Davis, 45, is charged with six counts of possession of firearm during a crime of violence, two counts of assault with intent to kill while armed, one count of assault with intent to kill while armed against a minor, one count of assault with a dangerous weapon, and one count of unlawful possession of a firearm, for his alleged involvement in a non-fatal shooting that left an individual suffering from a gunshot wound to the left shoulder. The incident occurred on May 19, 2021, at the 1600 block of Kenilworth Avenue, NE.

In their closing arguments, prosecutors claimed that surveillance footage of the shooting, witness testimony, and the defendant’s actions after the incident, including leaving the country, proved beyond a reasonable doubt that Davis was the shooter.

Although the surveillance footage depicts the actual shooting and allegedly the defendant’s vehicle, it does not reveal the face of the shooter.

Prosecutors highlighted a witness who identified Davis in a photo array.

“It’s him, I remember that nose. It’s 100 percent him,” the witness said.

The prosecution requested the jury convict Davis of all charges.

In response, Marnitta King, Davis’ defense attorney, argued that the prosecution did not prove beyond a reasonable doubt that Davis was the shooter.

King said the person the witness identified as the shooter in the photo array was based on what other witnesses remembered.

The defense also raised doubts about lead detectives’ thoroughness in the investigation, suggesting that other anonymous tips about Maserati owners might have been overlooked due to potential racial bias. Davis is black.

Additionally, King contended that the mysterious Maserati shooter might have been oblivious to the children in the victim’s car due to tinted windows. One child sustained injuries from shattering glass during the crash and trying to escape the gunfire.

According to the Metropolitan Police Department (MPD), Davis was arrested Aug. 5, 2021, by law enforcement officers in Costa Rica. King argued that it was not uncommon for Davis to travel and rent transportation, due to his work in the music industry.

The prosecution’s rebuttal claimed that the witness’ identification was not derived from other witnesses, because she was the only one able to identify a facial feature of the shooter.

The prosecution also insisted that Davis’ travel abroad following the shooting, where authorities were unable to locate him, as well as storing his Maserati in his mother’s garage under a tarp, proves that Davis was the identified shooter.

On Jan. 23, the trial will continue.

Prosecution Calls for Guilty Verdict in Non-Fatal Shooting

On Feb.12, DC Superior Court Judge Michael O’Keefe presided over the testimony of five additional witnesses, each shedding light on their expertise and involvement in a fatal shooting case.

Terrell Poe, 37, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful 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 30-year-old victim, Christopher Washington, on September 23, 2020, on the 400 block of Southern Avenue, SE.

Prosecutors called four witnesses, beginning the trial by calling a forensic DNA analyst to verify the results of DNA swabs taken from a truck suspected to be involved in the shooting.

The analyst testified that most of the evidence was inconclusive, but a phone found in the truck had two distinct DNA profiles on it, adding that one match was unidentified, and one was a certain match for Poe.

During cross-examination, defense attorney Marnitta King probed the analyst regarding the last person to handle the phone. The analyst admitted the impossibility of definitively determining whether Poe or the unidentified DNA profile had last possessed the device.

The next witness called by prosecutors was an investigator for the DC Department of Forensic Sciences (DFS), who testified collecting DNA evidence from the interior of the truck, confirming the presence of DNA. The witness did not establish a link between the DNA found and Poe’s, further enhancing the credibility of a report prepared for the case.

The prosecution then called the Chief Deputy Examiner from the Office of the Chief Medical Examiner’s Office (OCME), who had performed an autopsy on Washington in 2020.

The witness testified that Washington had been shot four times to the chest, buttocks, wrist and left foot. The prosecution showed the jury pictures from the autopsy, a diagram of the injuries, and a sheet that listed projectile fragments recovered from Washington’s body.

The expert witness testified that the multiple gunshot wounds that he sustained caused his death.

Following the examiner’s testimony, prosecutors proceeded to call an officer of the Metropolitan Police Department (MPD).

The officer testified to being the one to pull Poe over for his alleged involvement in the shooting.

The prosecution presented the officer’s body camera footage, showing Poe identifying himself to officers. After he was identified, Poe was arrested and taken into the precinct for questioning.

On cross examination, King presented the officer with a photo from the body camera footage and asked him to testify to Poe’s height and weight, and if it was accurate to Poe’s current appearance. The officer hesitantly testified that it appeared the defendant had lost weight in the four years since his arrest.

On redirect, prosecutors were quick to clarify that the body camera footage had a fish-eye lens. The officer agreed and testified that the round lens tends to distort the footage, creating an image that is slightly inconsistent with the actual view.

Following the officer’s testimony, the prosecution rested their case.

The defense then called their first and only witness, a former lead detective on the case. He testified to receiving information about Poe allegedly standing outside a witness’ house a few days after the shooting.

King emphasized the absence of this information in the detective’s reports, casting doubt on the coherence of his testimony. King argued that the detective had meticulously documented all conversations with witnesses and fellow officers during that period but had inexplicably omitted this particular piece of information.

“None of the notes that you turned over, or in the 140 pages from your report, states that you received this information,” King asserted.

Following the detective’s testimony, the defense rested their case.

Parties are slated to return Feb. 13 for their closing arguments.

Homicide Defendant Accepts Plea Deal

On Jan. 22, a homicide defendant accepted a plea agreement in front of DC Superior Court Judge Maribeth Raffinan. John J. McRae, 46, 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 involvement in the shooting death of 22-year-old Marty McMillan on March 23, 2017. The incident occurred on the 1900 block of 13th Street, SE.

According to court documents, McMillan, and the woman McRae was in a relationship with, were having sex at his apartment. McRae walked into the apartment and caught the pair in the act. McMillan and the woman met on Plenty of Fish (pof.com), a dating website.

During the hearing, McRae accepted a deal extended by prosecutors, which required him to plead guilty to voluntary manslaughter while armed and tampering with physical evidence. The parties agreed to a sixteen year sentence with a five-year supervised release period.

The prosecutors stated they believe had they gone to trial, they would have proved McRae’s guilt beyond a reasonable doubt.

McMillan’s grandmother requested Judge Raffinan consider the pain of her family, and stated they, “looked for [McMillan’s] remains for nine months”. She reminded the court that McMillan “did not get an opportunity to plead his case.”

Parties are slated to return for sentencing May 3.

Preliminary Hearing Resumes Against Co-Defendants Charged With Homicide

On Jan. 22, DC Superior Court Judge Maribeth Raffinan continued a preliminary hearing for two co-defendants charged with two homicides.

Deangelo Opey, 31, is charged with second-degree murder while armed for his alleged involvement in the death of Anthony Weathers, 25, on the 300 block of V Street, NE. Weathers was found by responding officers on the 2000 block of 4th Street, NE, on Oct. 31, 2012.

Gregory Smithwick, 31, is charged with first-degree murder while armed for his alleged involvement in the death of Vernon Davis, 34, on the 1900 block of 3rd Street, NE, on Sept 13, 2013.

Opey and Smithwick are co-defendants because prosecutors believe that Smithwick killed Davis because he was potentially a witness in a case against Opey.

In this continued preliminary hearing, the lead detective in the case from the Metropolitan Police Department (MPD) returned to the stand. His involvement began in 2019 after the previous lead detective retired.

The current lead detective testified that, while many witnesses initially came forward with information regarding the shooting, there was only one who claimed to be an eyewitness. The detective also testified that another witness was deceased, and that two other witnesses had allegedly lied in front of a jury.

Opey’s defense attorney, Roderick Thompson, and Smithwick’s defense attorney, James King, both claim that there is insufficient evidence to prove either defendant’s involvement in the homicides.

In reference to witnesses who allegedly committed perjury, Thompson said their evidence consisted of speculation and rumor. He questioned why the original detectives had not tested the eyewitnesses’ phone records to prove they were in the area at the time of the shooting.

King said even though cell phone towers allegedly placed Smithwick in the area at the time of the homicide, this was an area the defendant frequented. Moreover, this was the only evidence presented against his client outside of witness testimony.

Finally, the prosecution presented new evidence in the form of an affidavit that allegedly showed a previous instance in which a witness suspected of perjury had given accurate testimony.

Due to this new evidence, Judge Raffinan scheduled a continuation of the preliminary hearing for a probable cause ruling.

Parties are slated to reconvene Jan. 30.

Judge Postpones Probable Cause Decision to Consider New Evidence

In a Jan. 19 hearing before DC Superior Court Judge Michael O’Keefe the prosecution argued that a co-defendant in a homicide case googled for information about “how to take apart a Glock 19” on the day of the crime.

Aaron Walker, 19, and Dasani Dawson, 19, are charged with first-degree murder for their alleged involvement in the fatal shooting of 20-year-old Brian Buxton. The incident occurred on Aug. 9, 2022 on the 100 block of Irvington Street, SW.

The prosecution called the lead detective from the Metropolitan Police Department (MPD) who introduced three new surveillance videos allegedly allegedly connecting the defendants to an earlier carjacking incident on the day of the fatal shooting. The officer identified the defendants in court as those in the videos.

Walker’s defense attorney, Brandi Harden, argued that these videos are inadmissible because they were introduced too late since the prosecution didn’t initially intend to use them, but Judge O’Keefe overruled her and she proceeded to cross-examined the detective asking what exactly he had seen in the videos, and what made him think it was Walker in the car.

The lead detective stated the individual in the video was the same height as Walker and was seen in numerous videos wearing a black sweatshirt with red lettering and going in and out of Walker’s house.

Harden responded that many black men in DC are the same height as Walker, and could have been wearing a similar sweatshirt. So she said the lead detective’s testimony shouldn’t admitted because he had no evidence the individual in the videos was Walker.

When Judge O’Keefe overruled her objection, she responded, “It’s improper information for not only the prosecution to do it, but for the court to receive it”

The prosecution said that it’s only common sense the material could be used to connect the individuals in the videos to the defendants, and then presented a timeline of the crime including evidence Dawson had allegedly googled “how to take apart a Glock 19” on the same day that Braxton died after being shot with that same type of weapon.

As the proceeding concluded, Judge O’Keefe decided to postpone his probable cause ruling to review all the evidence.

A follow up preliminary hearing is scheduled for Jan. 25.

Document: MPD Searching for Blue Hyundai Involved in a Shooting

The Metropolitan Police Department (MPD) is seeking the community’s assistance in identifying and locating a blue Hyundai Tucson that was involved in a shooting on Jan. 20 on the 3400 block of 13th Street, SE.

According to MPD documents, the victim was shot at the location. After the shooting, the suspect fled the scene in a vehicle described as a blue Hyundai Tucson with DC tags JB9372. The victim sought treatment at a hospital for non-life-threatening injuries.

The suspect vehicle 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 violent crime in the District.

Document: MPD Investigates Traffic Fatality in Southwest

The Metropolitan Police Department (MPD) is investigating the death of a man after a traffic crash on Nov. 29, 2023, on the 4300 block of Martin Luther King Jr. Avenue, SW.

According to MPD documents, a pickup truck was traveling northbound at the location when the truck crossed into the southbound lane to avoid driving over a milled section of the roadway. A motorcycle was traveling southbound at the location at a high rate of speed.

The driver of the truck attempted to swerve left to avoid the collision, but the motorcycle sideswiped the truck, causing the motorcyclist to be ejected. DC Fire and Emergency Medical Services (EMS) responded to the scene and transported the driver of the motorcycle to a local hospital for treatment of life-threatening injuries.

On Jan. 20, the operator of the motorcycle succumbed to his injuries.

He was identified as 50-year-old Jamil David.

Anyone with knowledge of the incident should call MPD.

Judge Sentences Shooting Defendant to 40 Months Incarceration

On Jan. 22, DC Superior Court Judge Heidi Pasichow sentenced a non-fatal shooting defendant to a total of 40 months incarceration.

Manaen Hines, 31, was originally charged with assault with a dangerous weapon and carrying a pistol without a license outside a home or business for his involvement in a shooting on Aug. 18, 2023, on the 3000 block of Martin Luther King Jr. Avenue, SE. One individual was shot and transported to a local hospital for non-life-threatening injuries to the abdomen.

On Oct. 30, Hines accepted a deal that required him to plead guilty to assault with a dangerous weapon and carrying a pistol without a license, in exchange for the prosecution not seeking an indictment. Due to his criminal history, the sentencing ranges were between 18 and 60 months for the assault with a dangerous weapon charge, and six to 24 months for the possession charge.

During the sentencing, prosecutors requested Judge Pasichow sentence him to the higher end of the range, arguing it was a “very serious case, and a very generous plea deal,” adding that he was clearly seen in surveillance footage shooting someone as they were walking away, and, “This could have resulted in greater tragedy.”

“There is no question that this situation could have been a lot worse,” said Peter Cooper, Hines’ defense attorney, adding “he knows he was in the wrong.” He requested Hines be sentenced at the bottom of the guidelines with a split sentence, meaning he serves part of it incarcerated and part of it out in the community.

“I am not a violent person, that day I was feeling like a monster,” said Hines to Judge Pasichow, adding “I don’t ever want to be in this place again.” He requested an opportunity to prove he belongs in the community.

Judge Pasichow denied Cooper’s request for a short-split sentence, imposing a 40 month sentence for the assault with a dangerous weapon charge, to run concurrent to 15 months for the carrying charge.

Hines is required to register as a gun offender, go through vocational training, and have no contact with the victim.

No further dates were set for this matter.

Judge Releases Homicide Defendant to Home Confinement

On Jan. 22, DC Superior Court Judge Robert Okun granted a homicide defendant’s request for release.

Lamar Wright, 20, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 27-year-old Derrick Thomas on May 2, 2023, on the 400 block of Condon Terrace, SE.

Sylivia Smith, Wright’s defense attorney, filed for his release on Oct. 30, which was granted by Judge Okun. He remained detained in another unrelated matter.

According to Smith, Wright is expected to be released from the other matter on Jan. 25. Smith’s mission in court was to determine the defendant’s eligibility for home confinement with unsupervised release in connection to this case. In her request, Smith asked that the defendant be allowed to leave home confinement for legal visits as long as he coordinates with the Pretrial Services Agency (PSA) beforehand.

PSA deemed Wright eligible for release, with the confirmation of an address, which was provided in court by a family member. Wright will be soon released from the DC Jail and must report to Pretrial Services to install a GPS monitoring device.

Parties will reconvene May 31.

Judge Issues Bench Warrant During Sentencing Hearing

On Jan. 22, in what was supposed to be a sentencing, DC Superior Court Judge Andrea Hertzfeld issued a bench warrant in a longstanding shooting case, due to the defendant’s failure to appear.

Leroy B. Headspeth, 80, has been charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, among other charges, for his involvement in a shooting that occurred on Oct. 3, 2019, on the 700 block of H Street, NE. Headspeth injured himself during the incident.

On Sept. 22, 2023, Headspeth accepted a deal extended by prosecutors to plead guilty to unlawful possession of a firearm by a prior convict in exchange for a dismissal of all other felony charges. Prosecutors also agreed to dismiss a misdemeanor case against Headspeth.

According to court documents, officers from the Metropolitan Police Department (MPD) found Headspeth injured in an alley with a bullet in his upper left leg with a revolver next to him. He later claimed he bought the gun from a third party he met prior to his injury. Surveillance footage depicts Headspeth discharging a weapon near a park bench after an altercation with the person who allegedly sold him the revolver.

Headspeth was released to the Pretrial Services Agency (PSA) with limitations on Oct. 7, 2019. After failing to appear at sentencing, Judge Hertzfeld issued a bench warrant for his arrest.

A new sentencing date will be scheduled once the US Marshals detain Headspeth.

Document: MPD Arrests Man Involved in Shooting

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a non-fatal shooting that occurred on Jan. 19 at the intersection of A Street and 16th Street, SE.

According to MPD documents, the victim was approached by two suspects at the location. One of the suspects brandished a handgun and shot the victim. The suspects went through the victim’s pockets and fled the scene. The victim was transported to a local hospital for treatment.

A short time later, officers were notified of an adult male who had walked into a hospital suffering from a self-inflicted gunshot wound. As a result of the investigation, the male was identified as one of the suspects.

On Jan. 19, 19-year-old Christ Tchakounte was arrested and charged with assault with intent to rob while armed.

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 Investigating Southeast Homicide

The Metropolitan Police Department (MPD) is investigating a homicide that killed a man on Jan. 18 on the 4000 block of Pennsylvania Avenue, SE.

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

The victim was identified as 66-year-old Sherman Bunch.

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 Northeast Homicide

The Metropolitan Police Department (MPD) is investigating a shooting that killed a man on Jan. 18 on the 5000 block of South Dakota Avenue, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a man with gunshot wound injuries. He was taken to a hospital, where he died.

He was identified as 23-year-old Ryan Realbuto.

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.

Judge Issues Bench Warrant for Homicide Defendant After Failure to Appear

On Jan. 18, DC Superior Court Judge Rainey Brandt issued a no bond bench warrant for a homicide defendant after failing to appear.

Joseph Ballard, 59, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of 33-year-old Monte Daniels on July 28 on the 1600 block of Benning Road, NE.

On Sept. 18, Judge Brandt released Ballard, with objection from the prosecution, to participate in a court-ordered drug treatment.

The court and Ballard’s attorney, Pierce Suen, have not had contact with him since December.

Due to his failure to appear, the prosecution’s request for a bench warrant was granted.

”Do your best to try and find him,” said Judge Brandt to Rachel Cicurel, who was standing in for Suen.

Parties will return once the US Marshals have detained Ballard.

Judge Denies Murder Defendant’s Request for Release

On Jan. 19, DC Superior Court Judge Marisa Demeo denied a murder defendant’s request to be released as he awaits further proceedings.

Tremon Jackson, 20, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 20-year-old Charles Towles on the 1400 block of L Street, SE, on Nov. 4, 2023.

On Jan. 16, DC Superior Court Judge Anthony Epstein found probable cause that Jackson was one of two perpetrators in Towles’ shooting.

Although he has no prior convictions, the prosecution argued that there is a presumption that Jackson’s release would be unsafe to the community.

According to the prosecution, in addition to the incident he is facing charges for, Jackson was previously found at the 1600 block of W St, SE, at a public park, in possession of a firearm. He was also allegedly seen later on the same block, in a music video he posted on YouTube, holding a firearm.

On Jan. 19, the prosecutor further argued that due to a pattern of firearm possession in public areas and because the other perpetrator has not been caught, Jackson’s release would pose a danger to the community.

Prosecutors insisted no combination of conditions can ensure the safety of the community if Jackson is released.

Russell Hairston, Jackson’s defense attorney, noted that he has ample family support and that Jackson’s girlfriend and his girlfriend’s mother had applied to several jobs on behalf of Jackson.

Hairston added that there was no way to know if the firearm in the YouTube video was real, as other artists have used fake firearms in their music videos.

Additionally, he argued that in the video of the shooting used as the primary evidence for the preliminary hearing, Jackson’s firearm was pointed away from the victim, and that the muzzle flashes came from the other perpetrator’s firearm.

Hairston argued there is no combination of factors that warrant pre-trial detention.

Judge Demeo denied the release request, stating that the nature and circumstances of the offense are “very troubling”, adding that the weight of evidence is very strong.

She agreed that the prosecution had met their high burden of providing “clear and convincing evidence that there are no conditions or combination of conditions that would reasonably ensure the safety of the community,” and therefore ordered Jackson be detained pending further proceedings.

Parties are slated to return on April 5.