Non-Fatal Shooting Defendant Accepts Plea Offer

On Feb. 9, a shooting defendant accepted an offer to plead guilty to two counts related to a non-fatal shooting incident before DC Superior Court Judge Maribeth Raffinan.

Eric Lemus, 20, was originally charged with assault with intent to kill while armed against a minor, aggravated assault knowingly while armed against a minor, and possession of a firearm during a crime of violence, in addition to other counts, for his involvement in an incident that occurred on March 22, 2023, on the 1000 block of Park Road, NW.

During the hearing, Lemus accepted an offer, which required him to plead guilty to one count of assault with intent to kill while armed and one count of possession of a firearm during a crime of violence, in exchange for a dismissal of all other charges.

According to the prosecution, had the case gone to trial, they would have proved beyond a reasonable doubt that, on the day of the incident, Lemus was the individual responsible for the non-fatal shooting, citing they would have presented several witnesses who identified Lemus as the shooter.

While both parties were scheduling a sentence hearing, Lemus’ defense attorneys, Steven Ogilvie and Shawn Sukumar, asked to delay the hearing by two or three months because they would like the court to receive and consider reports on Lemus’ education and a second evaluation regarding PTSD and trauma.

The prosecution had no objections, however, expressed plans to proceed with scheduling a sentence hearing in the standard eight weeks.

The prosecution reasoned that they would like to bring closure to the victims, stating, “We understand that the defendant is young, but the victims are even younger.”

Judge Raffinan ultimately decided to delay Lemus’ sentencing hearing to July.

Next hearing is scheduled for April 12.

Judge Denies Motion to Amend Shooting Defendant’s Release Conditions

On Feb. 8, DC Superior Court Judge Erik Christian denied a shooting defendant’s request to amend her release conditions.

Ni’jhae Curry, 33, was charged with one count of assault with a dangerous weapon and one count of possession of a firearm during a crime of violence, for her alleged involvement in a non-fatal shooting incident on Oct. 17, 2023, on the 900 block of Sycamore Drive, SE. No injuries were reported.

According to court documents, Curry confessed to assaulting an individual and firing a gun at them. Curry stated she and the victim had a history of arguments that culminated in the shooting.

She was released on Oct. 23, 2023, with an electronic monitoring device and a stay away order.

During the hearing on Feb. 8, Curry’s defense attorney, Jonathan Love, motioned for the removal of Curry’s ankle bracelet that monitors her location, citing its appearance was causing her difficulties in obtaining housing and employment.

Prosecutors opposed the motion, claiming that the GPS monitoring device provided protection for the victim against further violence from Curry.

“There has been no escalation. There has been a peace of sorts,” the prosecution said, citing Curry’s tracking.

Love argued that the device did not protect against chance encounters with the victim, or from the victim seeking Curry out.

He claimed that this occurred on one instance where the victim came to Curry’s house while she was moving out. Instead of engaging, Curry went to stand by police officers until the victim left.

Love argued that Curry proved to be compliant with the court’s orders and has given no indication of a change in behavior if the monitor is removed.

Regardless, Judge Christian rejected the motion, stating that they would reconvene in 60 days to reevaluate.

The next conference is set for April 11.

Judge Accepts Plea Deal and Sentences Murder Co-Defendants

On Feb. 9, DC Superior Court Judge Anthony Epstein sentenced two co-defendants for their involvement in a homicide.

Gabriel Brown, 34, was originally charged with first-degree murder while armed, first- degree murder while committing or attempting to commit robbery, conspiracy while armed, robbery while armed, four counts of possession of a firearm during crime of violence, armed carjacking,, and unauthorized use of a vehicle for his involvement in the death of Tyrone Johnson, 24, on March 10, 2017, on the 2300 block of Pennsylvania Avenue SE.

Antonio Upshaw, 34, was originally charged with first-degree murder while committing or attempting to commit a robbery, armed carjacking, first-degree murder while armed, robbery while armed, four counts possession of firearm during crime of violence, carrying a pistol without a license outside the home, and unauthorized use of a vehicle, for his involvement in Johnson’s death.

On Dec. 6, 2023, Upshaw and Brown accepted a plea deal extended by prosecutors.

Through the plea, Upshaw was required to plead guilty to one count of accessory after the fact to second-degree murder, in exchange for a dismissal of all other charges. Parties agreed on a sentencing of credit for time served, which was four years, nine months and 15 days.

Brown was required to plead guilty to one count of second-degree murder, in exchange for a dismissal of all other charges. Parties agreed on a sentence of 14 years incarceration.

During the sentencing, prosecutors read Johnson’s mother’s statement to the court. His daughter also delivered a victim impact statement, detailing the impact his death has had on them.

“The weight of this tragedy is so profound that sometimes I can’t get out of bed,” the prosecutor read from Johnson’s mother’s statement.

Johnson’s daughter stood before the court as she gave her statement.

“My father will never be there to see my high school graduation, to see me go to college or even to walk me down the aisle,” she said.

Judge Epstein sentenced Brown to the agreed 14 years of imprisonment, with credit for time served. However, he was previously sentenced to life in prison for his involvement in a federal case. Judge Epstein ordered the sentences be served concurrently. If released, Judge Epstein ordered Brown be required to register as a gun offender and serve five years of supervised release.

“My heart goes out to the family”, Judge Epstein expressed as he was sentencing Brown. Brown took full responsibility and pleaded guilty for the murder of Johnson, which allowed Judge Epstein to rule for a lower sentence.

Meanwhile, Upshaw’s sentence includes three years of supervised release and credit for time served.

Judge Epstein reasoned that Upshaw had a more limited role in the incident, and that he has done well since his release in October 2023. Judge Epstein also approved the prosecution’s request for Upshaw to register as a gun offender.

No further dates were set.

Homicide Defendant Rejects Plea Deal

On Feb. 9, a homicide defendant rejected a plea deal extended by prosecutors before DC Superior Court Judge Michael O’Keefe.

Huey Bandy, 52, is charged with first-degree murder while armed for his alleged involvement in the stabbing death of 60-year-old Orlando Murphy. Allegedly, Bandy stabbed Murphy after being shown a video of Murphy sexually assaulting Bandy’s 18-year-old daughter. The incident occurred on June 7, 2022, at the 3600 block of Brothers Place, SE.

According to court documents, immediately following the stabbing, Bandy realized what he had done and turned himself in to the police. Not once but twice: the first time being rejected, then another time after making an appointment with the lead detective to come back in.

Christen Romero Philips, Bandy’s attorney, informed the court that Bandy was rejecting the prosecution’s plea offer of one count of voluntary manslaughter. He also asserted his constitutional rights, including the right to a speedy trial.

Parties alerted the court that they are prepared to go to trial on June 3, 2025.

Judge Accepts Plea Deal and Sentences Non-Fatal Shooting Defendant

During a Feb. 9 hearing, D.C. Superior Court Judge Lynn Leibovitz accepted a plea deal for a non-fatal shooting defendant and sentenced her to 18 months of incarceration.

Briana Milam, 34, was originally charged with unlawful discharge of a firearm, unlawful possession of a firearm by a prior convict, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, and unlawful possession of ammunition, for her involvement in a non-fatal shooting. The incident occurred on Aug. 21, on the 1500 block of Benning Road, NE. No injuries were reported.

On Nov. 30, 2023, Milam accepted an offer extended by prosecutors, which required her to plead guilty to unlawful discharge of a firearm and unlawful possession of a firearm, in exchange for a dismissal of other charges. In addition, Milam was also required to plead guilty to assault, in connection to a domestic violence incident that occurred on April 22, 2023.

During the hearing, the prosecution argued that Milam’s actions were “incredibly dangerous and reckless, and they show a complete disregard for human life.”

Theodore Shaw, Milam’s defense attorney, argued that “this arrest was a cry for help” and that what Milam really needs is access to mental health treatment.

When sentencing the defendant, Judge Leibovitz said that “firing a gun in broad daylight in a public space is extraordinarily dangerous” and that it was clear that Milam has a number of issues she is facing.

Judge Leibovitz accepted the plea deal, sentencing the defendant to 18 months of incarceration for unlawful possession of a firearm, 12 months of incarceration for unlawful possession of ammunition and 180 days of incarceration for assault in connection with the previously mentioned domestic violence incident. All sentences will be served concurrently.

She is also required to register as a gun offender.

No further dates were set for this matter.

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.

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