Judge Detains Shooting Defendant

On April 11, DC Superior Court Judge Eric Glover found probable cause that a defendant was the perpetrator in a shooting and ordered him detained during initial presentments.

Jason Dyer, 26, is charged with aggravated assault while armed, unlawful possession of a firearm by a convict, and possession of a firearm during a crime of violence, for his alleged involvement in a non-fatal shooting that occurred on April 7, on the 4400 block of Martin Luther King Jr. Avenue, SW.

According to court documents, Dyer allegedly fired multiple shots at a candlelight vigil that several individuals were attending, wounding three people in the process. He was located by police wounded in a vehicle–which had been reported carjacked the previous day–allegedly in possession of two firearms.

Due to the defendant not being present as a result of being in the hospital, a continuance was issued and a preliminary hearing was scheduled.
Parties are slated to return April 15 before DC Superior Court Judge Lloyd Nolan Jr.

Judge Puts Homicide Defendant on Pretrial Release, Detains Shooting Defendant

On April 12, DC Superior Court Judge Eric Glover limited the number of hours a vehicular homicide defendant could drive during pretrial release, and ordered a non-fatal shooting defendant be detained.

Olivia Ayong, 49, is charged with negligent homicide for her alleged involvement in the death of 72-year-old Ralph Williams on the 900 block of K Street, NE, on Nov. 25, 2022.

According to documents from the Metropolitan Police Department (MPD), Williams was standing behind his vehicle at the location when Ayong, who was driving a Ford Explorer, ran into the back of William’s vehicle, causing him to be pinned between the two cars. He was transported to a hospital, where he succumbed to his injuries.

During the hearing, the prosecution argued for probable cause stating that surveillance footage showed no visible evidence of her attempting to avoid the crash. They added that, although they weren’t requesting she be detained, they were requesting Ayong be prohibited to drive as she awaits further proceedings, arguing that the accident occurred while she was working.

Errin Scialpi, Ayong’s defense attorney, argued for her ability to drive, stating that she works as a healthcare provider and has to drive for her work.

After hearing arguments from both parties, the judge found probable cause and placed Ayong on pretrial release. Reasoning that Ayong had no prior criminal history, Judge Glover allowed for Ayong to drive during working hours.

Parties are slated to return May 3 before DC Superior Court Judge Rainey Brandt.

Kevin Snead, 41, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on April 3 on the 1500 block of Independence Avenue, SE.

According to court documents, Snead, who was working as a security guard at a Safeway, saw several teenagers stealing items from the store and fleeing the scene.

Hours later, Snead allegedly saw them at the 7-Eleven in the area and pursued them, allegedly opening fire at the teenagers, shooting times.

Following the presentation of evidence by the prosecution, Judge Glover ordered Snead be detained as he awaits further proceedings.

Parties are slated to return April 24 for a preliminary hearing.

Judge Hears Arguments from Defense to Sever Co-Defendants in Homicide Case

On April 12, DC Superior Court Judge Michael O’Keefe heard arguments from both defense attorney about severing two co-defendants’ cases in a murder trial.

Maurice Williams, 20, and Seaun McDowney, 19, are charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, attempt to commit robbery while armed, and conspiracy for their alleged involvement in the fatal shooting of 20-year-old Marquette White on Jan. 21, 2022, on the 3800 block of Commodore Joshua Barney Drive, NE.

“These are real and live issues,” said Williams’ defense attorney, Brian McDaniel, while stating that the two defendants have conflicting stories.

McDaniel further argued that trying the defendants together places an extra burden on the defense because they “not only have to meet the [prosecution’s] argument but also the co-defendant’s argument.”

“If these cases are not tried together, we would present the exact same case twice,” responded prosecutors.

According to court documents, the conspiracy charge is based on a conversation through text message between Williams and his girlfriend that allegedly outlined what the defendants planned to do on the day of the murder.

McDowney’s defense attorney, Kevin Mosley, argued that “[these texts] alone could not prevail the conspiracy charge” and are therefore not admissible against McDowney.

Additionally, Mosley noted that McDowney was not aware of this “pillow talk” conversation and that these statements are “no different than Williams writing a diary to himself.”

“How are any of the statements furtherance of the conspiracy?” argued Mosley.

Prosecutors answered that “white-collar crime is where you have signed documents” and that “what you have here is circumstantial evidence.”

Judge O’Keefe acknowledged that the primary issue was “what constitutes a co-conspirator statement when [the statement] is not between the co-conspirators.”

Mosley’s motion to sever is based on the fact that Williams will not be testifying in court, which could hinder McDowney’s case.

Mosley believes that Williams could provide exculpatory evidence for McDowney because, if subpoenaed, Williams could speak to the fact that he told his girlfriend that McDowney did “nothing.”

Prosecutors argued that “McDowney’s participation is much more insidious. He was the inside eyes.”

Mosley concluded his argument by stating that it is imperative that “the defense has the ability to present their own defense. We have an absolute right.”

Parties are slated to return June 14.

Lead Detective Testifies at Preliminary Hearing for 2023 Homicide Case

On April 11, DC Superior Court Judge Robert Okun heard testimony from a Metropolitan Police Department (MPD) lead detective during a preliminary hearing to determine probable cause in an apparent revenge murder.

Eliexander Lopez-Burgos, 24, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 38-year-old Carlos Javier Blanco Fernandez. The incident occurred on Nov.16, 2023 on the 2200 block of New York Avenue, NE.

The prosecution called the lead MPD homicide detective who said on Nov. 14, 2023, Lopez-Burgos was involved in an altercation with an unidentified group of people.

“We learned that the defendant threatened that group,” the detective said. “And stated that he would kill them.” Later that day, Lopez-Burgos was inside his minivan along with his girlfriend and children when someone approached and shot him in the leg in a McDonald’s parking lot.

The detective stated CCTV video footage from two days later shows a suspect in a minivan fatally shooting Blanco Fernandez. The footage was not presented in court.

On Dec. 4, 2023, Lopez-Burgos was arrested in Glendale, Colorado and extradited to the District on Jan. 4.

During cross examination, the detective testified that none of the witnesses saw Lopez-Burgos allegedly shooting Blanco Fernandez. One of the witnesses saw a “dark-colored arm” extended from the suspect vehicle, but they could not see who the person was, and they were not holding a gun.

The detective then testified that another witness said she saw Lopez-Burgos running towards the same McDonald’s shortly after the shooting.

Defense attorney Roderick Thompson said the basis for the prosecution’s case is that Lopez-Burgos shot Blanco Fernandez as revenge for the Nov. 14 incident. He argued that this is not a valid conclusion because Blanco Fernandez was ruled out as a suspect in the Nov. 14 shooting.

Parties are slated to return May 3.

Judge Questions Handcuffing Murder Defendant During ‘Terry Stop’

On April 12, DC Superior Court Judge Michael O’Keefe heard arguments on the prosecution’s motion to admit unspecified statements made by a murder defendant to Metropolitan Police Department (MPD) officers.

Eric Davis, 60, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the murder of 41-year-old Theodore Riley on the 1600 block of Gales Street, SE on July 19, 2021.

According to court documents, Riley suffered from a gunshot wound to the head and was pronounced dead at the scene.

Prosecutors argued that on Sept. 13, 2021, MPD officers conducted a “Terry stop,”which allows police officers to briefly detain someone based on reasonable suspicion of involvement in a crime, and placed Davis in handcuffs.

During the stop, they tried to determine if Davis was in violation of a stay away order for an unrelated case where Davis was charged with possession with intent to distribute a controlled substance.

The handcuffs were later removed when MPD officers concluded that Davis was not subject to a stay away order.

Davis’ defense attorney, Howard McEachern, argued that it wasn’t a Terry stop because officers apparently wanted to talk to Davis about the homicide and that “the stay away is a ruse.”

“There is no valid reason for them to have put him in handcuffs for 30 minutes,” said McEachern.

McEachern further argued that Davis is heard in body-worn camera footage saying that he will talk to the MPD officers because he does not want “this” to happen again. McEachern explained that the “this” being referred to is Davis being placed in handcuffs.

Judge O’Keefe agreed that the MPD officers should not have placed Davis in handcuffs, while noting that the key issue is whether being placed in handcuffs affected whether Davis’ statements were voluntary.

According to McEachern, the statements are “something you can’t justify as being voluntary” because they cannot separate his statements by saying that some are voluntary and some are not.

Prosecutors argued that removing the handcuffs “sufficiently changed the circumstance. It puts [Davis] out of custody for Miranda purposes,” meaning that Davis’ rights to speak with an attorney weren’t violated.

Parties are slated to return April 15 for a ruling on the motion and trial.

Judge Finds ‘Significant Circumstantial Evidence,’ Holds Homicide Suspect

Before finding probable cause in a murder case, DC Superior Court Judge Michael O’Keefe reviewed surveillance footage, as well as text and phone call logs from the defendant’s cellphone.

Rico Antjuan Parker, 42, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of Jabari Malloy, 17, in an alleyway on the 700 block of Lamont Street, NW on Feb. 25, 2024.

In the footage, displayed in an April 12 hearing, an individual identified as Malloy is allegedly seen giving Parker his phone, moments before the incident occurred.

According to court documents, officers were dispatched to the location due to a ShotSpotter alert for two gunshots. When they arrived, they found Malloy unconscious at the rear of an alley behind Lamont Street, NW. They began CPR until DC Fire and EMS arrived, and despite all life saving efforts, he succumbed to his injuries.

Documents state two gunshots were fired at 7:32 p.m. The surveillance footage showed someone, allegedly Parker, leaving the alleyway with Malloy’s phone and fleeing in his car. No other person was seen entering or exiting the alleyway.

Additionally, Malloy’s cell phone showed a call to Parker’s phone, hours after the murder occurred.

Parker’s defense attorney, David Akulian, brought to the court’s attention that there could have been a different suspect that entered the alleyway out of the video frame.

“There is significant circumstantial evidence,” Judge O’Keefe said, finding probable cause to bring Parker to trial.

After the finding of probable cause, Akulian requested that Parker be released.

Prosecutors argued that Parker was previously found guilty of aggravated assault and therefore he could be a danger to society.

Akulian argued that Parker had successfully completed his parole for the previous charge, and that the incident had occurred 25 years ago.

Judge O’Keefe noted that while there is no clear motive in this case, there is sufficient evidence to consider Parker a danger to society.

There is “no condition that could be put in place that could protect the community from that type of behavior,” said Judge O’Keefe as he denied the release request.

Parties are slated to return June 14.

Document: MPD Searching for NE Shooting Suspect’s Vehicle

The Metropolitan Police Department (MPD) are seeking the public’s help in identifying and locating a suspect vehicle involved in a shooting that occurred on April 13 on the 1200 block of Raum Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting. When they arrived, they located a man with gunshot wounds. He was transported to a local hospital for treatment.

The suspect’s 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 Investigating Shooting Death of 15-Year-Old Girl

The Metropolitan Police Department (MPD) is investigating the fatal shooting of 15-year-old girl that occurred on April 14 on the 2400 block of Elvans Road, SE.

According to MPD documents, officers were in the area when they heard gunshots. While investigating, they found a teenage girl with gunshot wound injuries inside an apartment building. She died at the scene.

The victim was identified as 15-year-old Niomi Russell.

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 Southeast Homicide

The Metropolitan Police Department (MPD) is investigating a fatal shooting that occurred on April 13 at the intersection of Stanton Road and Mississippi Avenue, SE.

According to MPD documents, officers discovered a vehicle partially parked on the sidewalk at the location. The officer approached the vehicle and discovered an unconscious adult male who was not breathing, suffering from gunshot wounds. He died at the scene.

The victim was identified as 35-year-old Christian Elsberry.

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 Considers Homicide Defendant’s Child Visitation Request

On April 12, DC Superior Court Judge Robert Okun reviewed a defense motion to modify a homicide defendant’s release conditions for family reasons.

Christian Johnson, 33, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the fatal shooting of 25-year-old Lavonte McCould on Nov. 25, 2021, on the 1600 block of Kenilworth Avenue, NE.

Johnson’s defense team requested that his current stay-away order be lifted so that family court can decide on an arrangement that will allow Johnson to visit his child.

A representative of DC’s Pretrial Services Agency (PSA) was also present during the hearing and alerted the court that Johnson has been in full compliance with his release conditions as of March 27.

The prosecution doesn’t believe that Johnson qualifies for reasonable conditions of release, citing that he “couldn’t maintain an evening job at Target due to behavioral issues.”

The prosecution also opposed Johnson’s modification of release conditions in the interest of keeping the witnesses in the case safe as well as the community.

Parties are set to reconvene for trial readiness on Aug. 4.

Homicide Defendant Enters Not Guilty Plea on Five Indictment Charges

On April 12, a homicide defendant was arraigned and in response entered a not guilty plea for a five-count indictment before DC Superior Court Judge Robert Okun.

Jaime Macedo, 22, is charged with first-degree murder while armed for his involvement in the fatal shooting of Maxwell Emerson, 25, on July 5, 2023, on the 600 block of Alumni Lane, NE.

Macedo was indicted on five charges, including one count of robbery while armed, two counts of possession of a firearm during a crime of violence, one count of felony murder while armed, and one count of unlawful possession of a firearm with a prior conviction.

Due to the defense having limited discovery of evidence, a status hearing is set for May 29.

Homicide Defendant Rejects Plea Offer and Waives Right to DNA Testing

On April 12, a homicide defendant rejected a plea offer and waived his right to DNA testing during a hearing before DC Superior Court Judge Robert Okun.

Jajuan Gripper, 21, is charged with conspiracy, first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business, for his alleged involvement in the death of 34-year-old Rynell Bradford. The incident occurred on the 1500 block of Anacostia Avenue, NE on Dec. 20, 2022.

During the hearing, the prosecutor alerted the court that Gripper had rejected a plea offer. The offer, if accepted, would have resulted in Gripper being sentenced to 20-to-24 years of incarceration. In exchange, the prosecution agreed to waive sentence enhancements, reserve step backs for parole violations, and reserve allocution statements to impact sentencing.

Gripper’s attorney, Kevin Irving, said his client wanted to waive his right to further DNA testing, followed by the prosecution laying out the physical evidence that had been and could be tested in the future.

The evidence included the defendant’s DNA on shell casings, among other items, but the prosecution noted that no additional items had been tested. Ski masks, a jacket, and multiple handguns, were recovered as well.

Judge Okun ended the hearing by granting a continuance for the trial due to scheduling conflicts. A new trial was set for Aug. 4, 2025.

Parties are set to reconvene July 19.

Judge Orders Teen Homicide Defendant Remain Detained, ‘To Guarantee Safety for the Community’

On April 12, DC Superior Court Judge Kendra Briggs denied a teenage defendant’s request for release and ordered multiple forensic evaluations.

The 16-year-old boy is charged with second-degree murder while armed, assault with intent to kill while armed, two counts of assault with a dangerous weapon, endangerment with a firearm, carrying a pistol without a license, possession of an unregistered firearm, and possession of unregistered ammunition for his alleged involvement in the fatal shooting of 14-year-old Avion Evans on April 4 at the Brookland Metro Station on the 800 block of Monroe Street, NE.

According to previous testimony by the lead detective from the Metropolitan Police Department (MPD), video footage of the incident shows two groups of kids, which included Evans and the shooter’s two friends, fighting. As the two groups merged into one, the shooter, who was standing away from the melee, pulled out a gun from his waistband, pointed it at Evans, who was the closest in proximity, and fired.

According to Judge Briggs, a report written by a probation officer from the Court Services and Offender Supervision Agency (CSOSA) recommended the juvenile continue to be detained as he awaits further proceedings, and requested psychiatric, psychoeducational, and psychological evaluations, as well as a substance abuse and risk assessment.

However, defense attorney William Howell suggested the evaluations be delayed as the prosecution and MPD continue to investigate the incident.

Judge Briggs partially granted the request, but ordered a psychiatric and psychoeducational evaluation.

Howell filed a motion to amend the juvenile’s detainment, requesting he be released to his parents. Howell deemed the case a “spontaneous incident,” and added that the juvenile has “very strong family support.”

Judge Briggs denied the motion, stating she “needs to guarantee safety for the community.”

Parties are slated to return May 17.

Judge Postpones Sentencing After Shooting Defendant Recants Plea

On April 12, DC Superior Court Judge Michael Ryan postponed sentencing for a defendant due to statements he made in a pre-sentence report, denying all involvement in the offense for which he had already pleaded guilty.

Arnold Lawrance, 33, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting that left one victim injured. The incident occurred on Nov. 25, 2023, on the 1400 block of W Street, NW.

On Jan. 30, Lawrance pleaded guilty to one count of armed robbery in exchange for the dismissal of all other charges related to this case and the prosecution’s commitment not to seek a sentence in excess of 30 years, the maximum penalty for this offense.

In Lawrance’s sentencing hearing, Judge Ryan read portions of Lawrance’s statement from the pre-sentence report, in which Lawrance claimed that he had no knowledge of the robbery until police arrested him on the basis of his resemblance to the suspect in the case.

Judge Ryan reported “consternation” at reading the pre-sentence report, since it contradicted sworn statements Lawrance had made before him when entering his guilty plea.

Lawrance’s attorney, Wole Falodun, was unable to explain the contradiction in his client’s statements. Falodun reported that Lawrance did not intend to withdraw his guilty plea and apologized to the court for any confusion he may have caused.

“A complete denial is unusual in my experience, and makes me uncomfortable,” Judge Ryan responded. “I don’t like the record as it stands now, with someone denying the charges they pleaded guilty to.”

He refused to sentence Lawrance without further clarification, especially since sentencing guidelines would place Lawrence’s sentence in the range of 48-to-96 months.

Judge Ryan directed that Lawrence and his lawyers rethink their defense strategy.

He acknowledged that it could be difficult to withdraw the guilty plea, in light of what Lawrance had admitted under oath, but he required Lawrance to take responsibility for his words and actions

Parties are set to reconvene on May 3.

Homicide Defendant Won’t Test Nail Clippings for DNA in 2010 Murder

On April 12, a defendant waived his right to test an additional piece of evidence for DNA in front of DC Superior Court Judge Anthony Epstein.

Kavon Young, 32, is charged with first-degree murder while armed for allegedly shooting John Pernell, 66, on July 3, 2010, on the 3000 block of Nelson Place, SE. Young was not arrested until 2019.

The prosecution stated that the only existing piece of evidence left to test was a set of unspecified nail clippings collected by law enforcement.

Kavon’s defense attorney, Mani Gozari, repeatedly questioned the purpose of testing remaining nail clippings as pieces of evidence, and stated that 14 years had passed since the incident. In addition, he stated that the findings would likely be inconclusive.

Judge Epstein concurred, and asked the defendant if he wished to waive his rights to DNA testing. The defendant formally waived his rights.

A trial readiness hearing is scheduled for May 7.