Document: MPD Searching for Vehicle Involved in Shooting

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a vehicle involved in a shooting on Jan. 14.

According to MPD documents, officers responded to the 600 block of Malcolm X Avenue, SE, for the report of a gunshot wound victim, where they located the victim who stated he was shot on the 3000 block of Martin Luther King Jr. Avenue, SE. He was transported to a 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: Teen Arrested for Carjacking and Shooting

The Metropolitan Police Department (MPD) arrested a teenager after he was involved in a carjacking and shooting on Jan. 12 on the 1900 block of 14th Street, SE.

According to MPD documents, the victim was sitting in his vehicle at the location when three suspects approached him, assaulted him, and robbed him at gunpoint. Two of the suspects then took the victim’s vehicle.

Shortly after, one of the two suspects in the carjacked vehicle began exchanging gunfire with an unknown person on the 3300 block of Benning Road, NE. The unknown person returned fire, striking the suspect. Responding officers located the injured suspect and the carjacked vehicle.

On Jan. 12, a 15-year-old juvenile male was arrested and charged with armed carjacking, assault with intent to commit robbery, robbery, and assault with a dangerous (gun).

This incident remains under investigation, and 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.

Non-Fatal Shooting Defendant Sentenced to 11 Years

On Jan.12, a non-fatal shooting defendant was sentenced to 11 years incarceration by DC Superior Court Judge Michael O’Keefe.

Vincent James, 39, was convicted by a jury of aggravated assault knowingly 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 a non-fatal shooting that occurred at a liquor store on the 3900 block of South Capitol Street, SE, on July 30, 2020. One individual sustained non-life-threatening injuries in the incident.

The prosecution began by arguing that James should be sentenced to the top of the guidelines for his crimes, which would be 11 years. They explained that the surveillance video of the shooting was shown multiple times in trial, and it is clearly James on the video. The prosecution stated that James is not “18, 19, or 20 years old and trying to find the ways of the world, he is a grown man”.

The prosecution also argued that James has twenty years of arrests, dating back to 2004. In addition to this, the prosecution referenced the arrests that James picked up while this case was still pending, saying he was convicted of a DUI during this time. They also referenced a close link that James has between alcohol and violent behavior, saying “the defendant hasn’t fully appreciated and learned what’s going on with his admitted anger and alcohol problem”.

The prosecution closed their argument by stating that James has yet to accept any responsibility for his actions in this case, and requested that the court give him the highest of the guidelines, 11 years, for his sentencing.

James’ defense attorney, Susan Ellis, argued to the court that James should receive the lower end of the sentencing guidelines, which would be five years. Ellis emphasized that the full story of what happened during the shooting will never be known. She also referenced the abundance of trauma that James has experienced in his life, including the murder of his brother and stepmom, abusive foster care experience, and being bullied as a child.

Ellis insisted that James has been steadily employed for most of his adult life, and that he will have a very strong family support system upon his release from incarceration. She further argued that five years is a sufficient sentence for James, and requested to the court that it be the sentence they impose.

Judge O’Keefe then described James as a “very mild mannered, quiet, and serious person”. He explained that “even though it’s clearly you on that video, you took it to trial, and made the prosecution jump through all the hoops”. He then stated that he has “no basis to cut [James] a break”.

After making these statements, Judge O’Keefe sentenced James to 11 years, with five years of supervised release, for the charge of aggravated assault knowingly while armed. As well as eight years, with three years of supervised release, for the charge of possession of a firearm during a crime of violence. Lastly, he sentenced James to three and a half years, with three years of supervised release, for the charge of unlawful possession of a firearm by a prior convict. All of these charges will run concurrently.

Judge O’Keefe then explained that upon release from incarceration, James will have to comply with certain release conditions, such as GPS monitoring and substance abuse testing, as well as registering as a gun offender.

No further dates are set in this case.

Judge Denies Murder Defendant’s Request for Release

On Jan. 12, DC Superior Court Judge Marisa Demeo denied a murder defendant’s request to be released as he awaits further proceedings.

Lorinzo Thompson, 18, is charged with second-degree murder while armed, for his alleged involvement in the fatal shooting of a 14-year old Niko Estep on the 2600 block of 14th Street NW, on Nov. 3, 2023. The incident left another juvenile male suffering from gunshot wounds.

Thompson, who was 17 at the time of the incident, is being tried as an adult under Title 16, which allows prosecutors to charge juveniles as adults for crimes like murder.

On Jan. 8, Judge Demeo found probable cause that Thompson was the perpetrator in Estep’s shooting.

On Jan. 12, prosecutors argued that due to new law passed in 2023, there is a rebuttable presumption that Thompson’s release would be unsafe to the community, adding that the defense has failed and will not be able to rebut the presumption.

“This is one of the most serious offenses that can be committed in the District,” said the prosecutor, adding that Thompson is accused of killing a 14-year-old and injuring another juvenile in a public gas station. They added that, during the preliminary hearing, Judge Demeo ruled there was no proof of self-defense.

The prosecution argued further that, although he has no convictions, his pending cases in juvenile court are extremely concerning, including the fact that he was on release at the time of the shooting.

According to the prosecution, Thompson fired 12 or more gunshots in a public place, and continued to fire the gun until his magazine was empty. They added that, although the surviving victim was found to be in possession of an extended magazine, Thompson did as well, and he made sure he shot as many times as possible.

The prosecution added there are “serious concerns for the safety of the community,” arguing that there’s clear evidence Thompson’s mother was present at the time of the shooting and did not attempt to prevent it from occurring.

They also referenced letters of support sent in by Thompson’s family, where they stated they had missed the defendant through the holidays. “His family missed [him] during the holidays, but Estep’s family did too, and they will continue to miss him for the rest of their lives,” prosecutors insisted.

Due to the evidence, the nature and circumstances of the crime, prosecutors insisted no combination of conditions can ensure the safety of the community if Thompson is released.

Joseph Yarbough, Thompson’s defense attorney, noted that some of the victims could have had firearms on them at the time of the incident.

Yarbough added that a defendant’s history is the most important factor for the court to consider when discussing release, and Thompson has no convictions or adjudications, even if he has pending cases.

He argued Thompson has strong family support, and if released he will re-engage in boxing and plans to go to church, adding that Thompson wants to ensure he finishes his schooling, but is having difficulty doing so at the Correctional Treatment Facility (CTF).

“His family is clearly surrounding him with love and support,” argued Yarbough, although no family members were present at the hearing.

He requested Judge Demeo release Thompson to home confinement or a curfew with GPS monitoring that would allow him to go to school and work.

Judge Demeo denied the request, stating there are “extremely troubling set of circumstances” in this case, adding that the weight of the evidence is strong.

“The mother seems to be complicit with what happened,” she stated, adding that his extended family members who sent letters of support may not be fully aware of what Thompson is involved in.

She agreed the prosecution had met their high burden that the safety of the community cannot be guaranteed if Thompson is released, therefore ordering he be detained pending further proceedings.

Parties are slated to return March 15.

Homicide Defendant’s Release Conditions Modified

On Jan. 12, a homicide defendant’s release conditions were modified by DC Superior Court Judge Anthony Epstein.

Jason Lewis, 42, is charged with second-degree murder while armed, three counts of possession of a firearm during a crime of violence, and two counts of assault with a dangerous weapon, for his alleged involvement in the fatal shooting of Karon Blake, 13, on Jan. 7, 2023 on the 1000 block of Quincy Street, NE.

In a hearing on Jan. 12, Lewis’s defense attorney, Edward Ungvarsky, asked Judge Epstein for a continuance in order to allow him time to properly investigate who was the initial aggressor in the incident. The defense attorney intends to hire several expert witnesses to consult regarding evidence in the case and to call as witnesses.

The defense alerted the court they plan to assert their rights to test DNA evidence that could potentially be found on a screwdriver, flashlight, and two automobiles recovered from the crime scene.

Judge Epstein granted the continuance and set a new trial date for Aug. 5, 2024

Ungvarsky requested Lewis’ release conditions be amended, citing his full compliance for a year. Judge Epstein granted the request, removing the home confinement requirement, and setting a curfew of 10 p.m. to 6 a.m. with a GPS monitoring device.

Parties are slated to return July 26.

2016 Homicide Defendant Pleads Guilty to Voluntary Manslaughter

On Jan. 12, a 2016 homicide defendant accepted a plea deal before DC Superior Court Judge Michael O’Keefe.

Master Matthew Thomas, 37, was originally charged with felony murder while armed and possession of a firearm during a crime of violence for his involvement in the shooting 59-year-old Chijioke Agbakahion on the 5100 block of Georgia Avenue, NW on Aug. 5, 2016. Thomas is also charged with first and second-degree murder in Prince George’s County, MD.

During the hearing, the prosecution explained that they offered a plea deal to Thomas that would require he plead guilty to voluntary manslaughter, in exchange for a dismissal of all other charges, for this case only.

The prosecution explained that this case is unique due to a variety of factors. They explained there are weaknesses in their prosecution against Thomas if it were to go to trial, including a crucial witness who is deceased. Additionally, they explained that there have been scientific issues with their firearms evidence, and that overall they do not believe they have much of a case against Thomas.

Thomas’ defense attorney, Sellano Simmons, informed the court that Thomas would be accepting this plea deal.

Judge O’Keefe then informed Thomas about what plea deal means and ensured that Thomas wanted to proceed with it. Thomas accepted the plea.

Parties are expected to reconvene on March 22 for sentencing.

Surviving Victim Testifies in Homicide Trial

On Jan. 11, a surviving victim testified regarding the shooting that took his best friend’s life before a jury in DC Superior Court Judge Marisa Demeo’s courtroom.

Vorreze Thomas, 25, and his uncle Delonta Stevenson, 28, are charged with conspiracy, first-degree murder while armed, and two counts of assault with intent to kill, among other charges, for their alleged involvement in the fatal shooting of 32-year-old Terrance Allen. The incident occurred on Jan. 18, 2021, on the 3000 block of Stanton Road, SE, and left two other individuals suffering from gunshot wounds. All three victims were found inside of a vehicle at the scene.

The victim, who stated all he wanted to do was tell his side of the story, became visibly frustrated when prosecutors questioned him about his personal criminal cases. According to the prosecutors, he has a pending case for driving under the influence in North Carolina, and was put on a GPS monitor by the state to ensure he showed up to testify at this trial.

“You worry about what the f**k I’m doing,” the witness said, adding “he [the prosecutor] thinks it’s a f*****g game or something.” The prosecution mentioned his pending case to ensure the jury knows they are not assisting him with any of his cases, and his testimony is purely for him to explain what happened on the day of the incident.

According to the witness, Allen was his childhood best friend, and they spent a lot of time together growing up. Once they got older and both became “working men,” they only saw one another when they could.

The witness testified that, on the day of the incident, he and Allen “were supposed to get a tire.” According to Allen’s friend, when he got into Allen’s white Ford, “he had a lil youngin’ with him,” referring to the other surviving victim.

The witness insisted he didn’t know the other victim that day, and he “still don’t know his name or nothing.”

He explained that when Allen and the other individual picked him up, they drove to the other victim’s mom’s house, who lived at the apartments “we got shot at.” Allen and the two individuals drove the mother to a grocery store down the street, and dropped her back off at Stanton Glenn Apartments.

As they were leaving the complex, the witness said, he got in the passenger seat, Allen in the driver’s seat, and “lil youngin” in the back seat. “If it wasn’t for the lil youngin, Terrance would still be here,” he claimed, adding that “motherf*****g sh*t started hitting the car,” referencing the bullets. He stated he didn’t see where the shots were coming from, but was shot three times on his shoulder as he was ducked in the vehicle.

When prosecutors asked how many shots were fired, the witness, clearly frustrated, stated he didn’t know, but there were definitely a few shots, adding “you’ve seen the car”.

According to the witness, he still has bullet fragments in his shoulder from the incident. Prosecutors displayed images of the witness at the hospital, one portraying his shoulder injuries with a bloody bandage.

When discussing who sustained injuries in the vehicle, the witness stated “I was right there beside [Allen]… if it wasn’t for the lil youngin in the car, he’d still be here”. All three individuals were shot, he added, saying he tried to help his best friend before Emergency Medical Services (EMS) arrived.

He added that neither he or Allen had any beefs with anyone, and he was upset that a Special Police Officer (SPO) at the scene had put him in handcuffs before officers from the Metropolitan Police Department (MPD) showed up.

Prosecutors also called up a MPD officer who responded to the scene.

According to the officer, he arrived at the scene with two other officers who he was training, and assisted with preserving the life of the victims, the scene, and evidence.

When asked to describe the scene, the officer stated it was a “chaotic, busy, active scene,” adding that there were several people from the complex watching it all unfold.

Prosecutors displayed the officer’s body-worn camera, which depicts him and his trainees arriving at the scene. In the footage, the two surviving victims can be seen in handcuffs, one against the hood of the white Ford, and the other on the curb. Allen’s body can be seen lying next to the vehicle.

The officer stated that Allen was not showing signs of life, and was suffering from gunshot wounds, adding that the attempts to preserve his life were unsuccessful, and he died at the scene.

One of the surviving victims, he said, was arrested and charged for carrying a pistol without a license, after MPD recovered a firearm from the vehicle.

Parties are slated to return Jan. 16.

Jury Convicts Murder Defendant

On Jan. 11, following a weeks-long trial and deliberation, a jury delivered a verdict for a homicide case in front of DC Superior Court Judge Robert Okun.

Mussye Rezene, 31, was convicted of first-degree premeditated murder while armed for his involvement in the death of 17-year-old Brayan Villatoro on Sept. 18, 2021, on the 1300 block of Nicholson Street, NW. Rezene was acquitted of possession of a firearm during a crime of violence and unlawful possession of a firearm by a prior convict.

Throughout the trial, prosecutors argued that Rezene lured Villatoro to his death by setting him up a in a drug deal.

According to the prosecutors, Rezene used a burner phone to contact Villatoro in the weeks leading up to his death, and immediately stopped using the phone the night of the shooting.

The evidence included conversations between the two where they discussed drugs, guns and meet ups; Rezene’s social media, and cell site data all put Rezene in the surrounding area of the homicide at the time of the shooting. Prosecutors insist the evidence proved his intent to kill, premeditation, deliberation, and willingness to ensure Villatoro’s death.

Prosecutors insisted that, on the night of the murder, Rezene and his close friend and co-defendant in another homicide matter posted images on Instagram bragging about the killing, with both individuals including songs on their stories.

One was titled Murder, and the other had the words “rest in peace to all the opps, f**k them”. In Rezene’s post, which was displayed to the jury, the defendant added “you’re better off fu***n round wit Aids and cancer”.

Throughout the jury’s deliberations, parties received multiple notes stating they were deadlocked, and couldn’t unanimously agree on verdicts for each charge. Judge Okun instructed the jury to continue deliberating and attempt to reach consensus.

Rezene was ultimately convicted of the murder, and acquitted of all other charges.

Parties are slated to return for sentencing March 22.

2014 Homicide Defendant’s Charge Reduced to Second-Degree Murder While Armed

On Jan. 11, DC Superior Court Judge Maribeth Raffinan granted a joint motion to accuse a homicide defendant of a lesser charge, and impose a lesser sentence.

In 2017, a jury found Johnathan Taylor, 33 guilty of first-degree murder while armed for the death of 25-year-old Dexter Motley on the unit block of 46th Place, NE on Aug. 14, 2014. Taylor was also found guilty of possessing a firearm during a crime of violence, assault with the intent to kill while armed, unlawful possession of a firearm and obstruction of violence. Taylor was sentenced to 40 years in prison in 2017.

At the Jan. 11 hearing, the prosecution and Taylor’s defense attorney, Andrew Ain, discussed a joint motion filed from both parties.

The motion requested Judge Raffinan to dismiss the first-degree murder while armed charge that Taylor was originally charged with, and change it to second-degree murder while armed. By granting this motion, Taylor’s sentence would therefore be reduced.

The reasoning for an agreement is a stipulated disposition of the defendant’s direct appeal. In sum, this means that both parties have agreed to the factual nature of this case weighing in favor of lessening Taylor’s charge and sentence, therefore saving the time and expense of further investigation.

Judge Raffinan granted the motion by both parties, therefore reducing Taylor’s first-degree murder while armed charge to second-degree murder while armed, and therefore eventually shortening his sentence.

Parties are expected to reconvene on March 15.

Final Arguments Heard in a Homicide Defendant’s Motion for Dismissal

On Jan.11, arguments in a motion hearing for the dismissal of a homicide case were heard by DC Superior Court Judge Maribeth Raffinan.

Terrance Barnes, 34, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the death of 57-year-old Barry Holmes, on April 17, 2019. The incident occurred on the 5100 block of Southern Avenue, SE.

The motion to dismiss the case is based on the defense’s assertion the prosecution failed to preserve evidence.

According to the written filing by Barnes’ attorneys, the prosecution consumed potentially exculpatory DNA evidence. The motion also explains that there was contamination during the DNA testing process, as well as failure by the prosecution to preserve discoverable evidence, stating that Barnes has a constitutional right to test the evidence, and asserted his rights in a previous hearing.

Barnes’ defense attorney, Pierce Suen, explained that the basic facts in this motion are undisputed. Namely, after the shooting gloves were recovered as evidence, and the DC Department of Forensic Science (DFS) sampled the evidence using a swab. During this sampling, biological material was removed from the gloves.

Then, the United States Attorney’s Office retested the materials in relation to another case, including the gloves swabs and the reagent blanks used during testing. They are a control mechanism in DNA testing to ensure that there has been no contamination in the process.

According to Suen, during the additional testing, DFS “completely batched the evidence”, and the reagent blanks in this case were totally consumed. Suen further elaborated the exculpatory evidence was crucial.

Suen further argued that the results from the DNA testing could have shown information regarding physical contact between Barnes and Holmes prior to the shooting.

According to Suen, although a witness testified that further testing can be done without a reagent blank, he argued that this is actually not true. He also said the Federal Bureau of Investigation quality assurance standards require DNA testing to be done with a reagent blank.

He explained that due to the destruction of the reagent blanks, they can’t verify any DNA testing in this case, and therefore no accredited laboratories will agree to test the samples. Suen explained that the witness was from another country, and so may not have been familiar with DNA testing in the United States.

Based on the DNA testing issues, Suen argued the case should be dismissed.

The prosecution emphasized that a non-accredited or international laboratory could perform further DNA testing for the defense. They further explained that the absence of a reagent blank doesn’t necessarily mean that no further testing can be performed, it just may be more difficult.

The prosecution then explained that in a motion for dismissal, bad faith has to be present, and that in this case there was none. They further argued that there is no basis for dismissal just because the process was not done in the most exacting fashion.

In response, Suen argued that he is not alleging that there was nefarious conduct in this case, but that the alleged recklessness of DFS and the U.S Attorney’s Office during the DNA testing rises to a level of bad faith.

Judge Raffinan questioned the prosecution in regards the consumption of the reagent blanks. She also asked for more clarification as to what was said by the prosecution in a previous hearing, about their knowledge of DNA testing misconduct.

The prosecution will have to make a written reply before the questions can be discussed in court.

Parties are expected to reconvene on April 26.

Document: Man Arrested for a Traffic Fatality: 11th Street and Pennsylvania Avenue, Southeast

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a traffic fatality that occurred on Jun 8, 2023, at the intersection of 11th Street and Pennsylvania Avenue, SE.

According to MPD documents, the investigation revealed that a 2005 Ford Focus was traveling northbound on 11th Street, SE, and entered the intersection with a green signal light. At the same time, a 2017 Mercedes C300 was traveling eastbound on Pennsylvania Avenue and entered the intersection at 11th Street with a red signal light. The Mercedes struck the driver’s side of the Ford, causing an adult female rear seat passenger on the driver’s side of the Ford to be ejected. The two occupants of the Mercedes fled the scene on foot.

DC Fire and Emergency Medical Services (EMS) responded to the scene, and after finding no signs consistent with life, the adult female victim was pronounced dead. Two other occupants of the Ford were treated for minor injuries and released from hospitals.

The victim was identified as 19-year-old Madison Jones.

On Jan. 11, pursuant to an arrest warrant, 30-year-old Andre Johnson was arrested and charged with second-degree murder while armed.

Anyone with knowledge of the incident should contact MPD.

Document: Decedent Identified Man Killed in Southwest DC

The Metropolitan Police Department (MPD) is investigating the death of a man that occurred on Jan. 3, on the 1400 block of Canal Street, SW.

According to MPD documents, officers responded to the location for the report of found human remains, where they located adult human remains inside of a trash can. The Office of the Chief Medical Examiner (OCME) conducted an autopsy and ruled the manner of death a homicide, and the cause of death a gunshot wound.

The victim was identified as 42-year-old Harry Keels, who had been reported missing Nov. 6, 2023.

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.

After Opening Statements Homicide Victim’s Mom Testifies in Co-Defendant Homicide Trial

On Jan. 10, DC Superior Court Judge Marisa Demeo and jurors heard parties give opening statements and a victim’s mother testify in a co-defendant homicide matter.

“Thirty-four. That’s the number of times Delonta Stevenson fired a rifle into the car on Jan. 18, 2021,” said prosecutors in their opening statements, adding that Stevenson was “sitting in the passenger seat of a Volvo XC90 driven by his nephew, Vorreze Thomas,” when he shot at a white Ford Crown Victoria with the three victims inside.

“All of this evidence will prove the guilt of Thomas and Stevenson beyond a reasonable doubt,” insisted the prosecution.

According to prosecutors, one of the surviving victims had reached out to Allen for a ride to visit his mother at the Stanton Glenn Apartments after hearing of an alleged assault against her, which was a miscommunication. On their way to the apartment complex, Allen picked up the other surviving victim.

As the surviving victim spoke to his mother, Stevenson’s girlfriend received a text message and voice message stating the surviving victim was at the complex. The victim was blamed for shooting Stevenson in November of 2020.

The victim’s mother requested he drive her to the grocery store, and he asked Allen to drive them.

Once Stevenson’s girlfriend alerted Stevenson and Thomas, the three meet at the complex, which only has one entry and exit way and a looped parking lot, and they are seen waiting for the victims’ vehicle to return from running errands. Prosecutors claim that, as shown in surveillance footage, Thomas removes a rifle from the back seat of the Volvo, and Stevenson a pistol from his waistband.

After dropping the victim’s mother back home, the Crown Victoria can be seen making a u-turn to head towards the entrance. Prosecutors say Thomas and Stevenson get in the Volvo, with Thomas as the driver, and go the opposite direction to meet them at the entrance.

Surveillance footage shows that as the Crown Victoria gets to the exit, those in the Volvo begin to shoot at them multiple times, causing the Crown Victoria to crash against a post.

The Volvo then speeds away , and was later recovered by Metropolitan Police Department (MPD) officers at 29th Street and Erie Street, SE, where it had crashed into several parked cars.

According to the prosecution, two eyewitnesses saw two individuals run away from the Volvo, and MPD recovered a rifle from their flight path, which was tested for DNA evidence, and is considered highly likely to have been used in the murder.

Prosecutors claimed that MPD also recovered an iPhone associated with Thomas from the Volvo.

“The only just verdict for this case is guilty on all counts,” insisted prosecutors.

Stephen LoGerfo, Stevenson’s defense attorney, insisted that “Delonta Stevenson is not guilty… he did not shoot Terrance Allen, and the [prosecution] will not prove beyond a reasonable doubt that Stevenson is guilty.”

LoGerfo argued Stevenson is a lifelong DC resident, a devoted father and family man, who “still has a bullet lodged in his brain,” from an unrelated incident.

He claimed that one of the surviving victims was assisted by the prosecution to relocate to Texas following the shooting, where he was arrested again. He argued because the witness is indebted to the prosecution, he will testify saying what they want him to say.

“The only verdict consistent with the lack of evidence is not guilty,” insisted LoGerfo.

“What [LoGerfo] said, ‘me too’,” said Charles Murdter, Thomas’ defense attorney, adding “Thomas sits before you an innocent man.”

He argued the prosecution has the burden to prove beyond a reasonable doubt that Thomas is guilty.

“The only just verdict in this case is not guilty,” Murdter said.

Following opening statements, prosecutors called Allen’s mother to the stand. She testified that Allen was working at the Pentagon and was a “family man,” stating he had two kids, and an unborn child on the way.

“Him and I were close,” said the mother, adding he “was always coming to check on me.”

“I miss watching him walk through the door,” she said.

Parties are slated to return Jan. 11.

Shooting Defendant Files Motion to Dismiss Case

On Jan. 11, DC Superior Court Judge Marisa Demeo was alerted that a shooting defendant had filed a motion to dismiss due to a NAPUE violation.

Tyshay Moore, 26, is charged with assault with intent to kill, possession of an unregistered firearm, and possession of a large capacity ammunition feeding device for her alleged involvement in a non-fatal shooting on May 10, on the 800 block of 7th Street, NW.

On Jan. 10, Hannah Claudio, Moore’s defense attorney, filed a motion to dismiss due to so-called Napue and Jencks violations. According to Justia Law, a Napue violation is the knowing use of false testimony by prosecutors, including testimony affecting only the credibility of witnesses and does not directly touch on the innocence or guilt of a defendant, violates the due process clause of the Fourteenth Amendment guaranteeing fair treatment.

In the written motion filed with the court, Claudio claims that during a preliminary hearing, prosecutors allowed a detective to give false testimony.

Judge Demeo told the parties she had been unable to review the motion, and argued that the prosecution should have time to respond to the motion in writing.

Prosecutors must respond in writing by Jan. 25.

Parties are slated to return to discuss the motion on Feb. 2.

Motion for Dismissal in Homicide Case Continued

On Jan.10, a motion hearing regarding the dismissal of a homicide case was continued before DC Superior Court Judge Maribeth Raffinan.

The defense motion to dismiss this case is a result, they say, of the prosecution’s failure to preserve evidence.

According to court documents, the prosecution’s testing consumed potentially exculpatory DNA evidence in this case. The motion further alleges contamination during the DNA testing process, as well as a failure of the prosecution to preserve discoverable evidence, stating that Barnes has a constitutional right to test this evidence if he chooses.

The prosecution began by calling a DNA forensics expert who explained that in this case, the DNA profile of the evidence, specifically a pair of gloves, showed no indication of contamination. The expert also explained the evidence was later tested in relation to a different case, and showed no indication of contamination.

During cross-examination, Barnes’ defense counsel, Molly Bunke and Pierce Suen, questioned the expert about the right glove, saying it was never sampled for DNA. The expert claimed that she was unaware of that, and was unable to recall any information regarding the right glove.

Then, the defense called another DNA expert who explained the use of a reagent blank in DNA testing, saying it is used as a control sample to avoid contamination. The expert emphasized that a reagent blank must accompany samples during DNA analysis and that DNA evidence is not typically accepted if a reagent blank was not used.

According to court documents and the defense, during a second round of DNA testing by the prosecution , the reagent blank that would have been vital for the defense was completely consumed. Therefore, the defense in this case is not able to do any additional testing.

Due to scheduling issues, this hearing will continue on Jan. 11.