‘There is Far More Than Probable Cause,’ Says Judge as Rules in Homicide Case

On April 9, DC Superior Court Judge Anthony Epstein found probable cause to bring co-defendants’ homicide cases to trial.

Dallas McKinney, 19, and Charles Owens, 24, are charged with first-degree murder while armed for their alleged involvement in the death of 10-year-old Arianna Davis on the 3700 block of Hayes Street, NE, on May 14, 2023.

According to court documents, Davis was in a vehicle with her family as they drove past a shootout when a stray bullet struck her. She was taken a hospital where she died on May 17.

In the hearing, the prosecution introduced a detective from the Metropolitan Police Department (MPD), who acted as the lead detective of this case, as a witness.

The detective used Instagram records received from. the Meta social media company, regarding an account that is allegedly connected to McKinney.

The prosecution then showed a video of McKinney that was archived from the day of the shooting apparently wearing the same clothes that one of the shooters was seen wearing in surveillance footage of the incident.

During cross examination, McKinney’s defense attorney, Rachel McCoy, confirmed with the detective that the only evidence identifying McKinney as one of the shooters was his clothes. She noted that these are common articles of clothing with nothing distinctive about them–a blue shirt, ripped jeans, and white shoes.

She stated that pictures and videos can be taken a certain day and later posted on Instagram with that date instead.

Owens’ defense attorney, Stephen LoGerfo used the affidavit written by the detective to support his argument that witnesses at the scene never identified Owens as one of the shooters.

Both defense attorneys asked Judge Epstein not to find probable cause, arguing the individuals identified as the defendants were wearing common clothing, as shown on poor quality surveillance footage. They also voiced that the “only connection is assumption.”

However, Judge Epstein stated “There is far more than probable cause.”

Judge Epstein agreed with McCoy when she argued that there was nothing distinctive about the clothing items the individual identified as McKinney was wearing, noting that none of the items are distinctive by themselves, but argued that they are distinctive when they are worn together.

McCoy requested McKinney be released, stating he has ample support in the community and the DC Jail does not provide him resources he needs as he awaits his trial. She requested he be released to home confinement.

Judge Epstein denied the release, following the prosecution’s opposition in which they deemed McKinney a danger to the community.

LoGerfo did not make arguments for Owens’ release.

Parties are set to return June 21.

Document: MPD Makes Two Arrests and Seeks Additional Suspects in a Northeast Shooting

The Metropolitan Police Department (MPD) announced two suspects were arrested in connection to a shooting that occurred on April 8 on the 1500 block of North Capitol Street, NE. MPD seeks the public’s assistance in locating additional suspects.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult female shooting victim, who had been occupying a stolen vehicle when she was shot. She was transported to a local hospital for treatment of non-life-threatening injuries. An additional adult female was treated at a local hospital and receiving treatment for non-life-threatening injuries.

The investigation revealed that two suspects were involved in an argument that escalated when they both brandished firearms and shot at each other.

The occupants of the stolen vehicle, 23-year-old Sydney Johnson, and 19-year-old Makayla Robinson were arrested and charged with unauthorized use of a vehicle.

MPD is seeking to identify the suspect, captured by surveillance footage, that was involved in the shooting.

Document: MPD Arrests Man Wanted for Southeast Shooting

The Metropolitan Police Department (MPD) announced the arrest of an individual in connection to a non-fatal shooting that occurred on April 5 on the 1700 block of Fairlawn Avenue, SE.

According to MPD documents, officers responded to the location for the report of a shooting. They located an adult female shooting victim, who was transported to a local hospital for treatment of non-life-threatening injuries.

On April 9, 47-year-old Michael Osuwu-Sakyi was arrested and charged with assault with a dangerous weapon.

Document: MPD Arrests 16-Year-Old in Brookland Metro Station Homicide

The Metropolitan Police Department (MPD) announced a juvenile was arrested and charged in connection to the Brookland Metro Station shooting that killed 14-year-old Avion Evans on April 4 on the 800 block of Monroe Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting. They located Evans suffering from a gunshot wound. Despite all life saving efforts, he succumbed to his injuries at the scene.

As a result of the detectives’ investigation and a DC Superior Court custody order, a 16-year-old male was arrested and charged with second-degree murder while armed.

Document: MPD Makes an Arrest and Seeks Additional Suspects in Southwest Shooting

The Metropolitan Police Department (MPD) announced a man was arrested in connection to a non-fatal shooting that occurred on April 7 on the 4400 block of Martin Luther King Jr. Avenue, SW.

According to MPD documents, officers responded to the location for the report of a shooting, where they located evidence of the shooting but no victims. A short time later, four adult gunshot wound victims were located. All victims were treated at local hospitals for non-life-threatening injuries.

The detectives’ investigation determined that one of the victims was one of the shooting suspects. Jason Dyer, 23, was arrested and charged with assault with intent to kill.

Five firearms were recovered from the scene.

One of the suspects’ vehicles, described as a four-door white Dodge Charger with unknown tags, was captured by nearby surveillance camera.

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.

Judge Cites ‘Judicial Economy’ in Ruling Against Severance in a Murder Case

On April 9, DC Superior Court Judge Maribeth Raffinan denied a homicide defendant’s request to sever his case from a co-defendant.

Rafeal Stevens, 39, and Jermall Johnson, 40, are charged with premeditated first-degree murder while armed, attempted robbery – felony murder, five counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm, among other charges, for their alleged involvement in the shooting death of 50-year-old Aniekobo Umoh on Dec. 29, 2022, on the 2700 block of 7th Street, NE.

Johnson’s attorney, Stephen LoGerfo, previously filed a motion to sever, alleging that Stevens could present exculpatory evidence through testimony, in relation to the felony murder charge. LoGerfo and Stevens’ attorney, Jason Tulley, both made private representations to Judge Raffinan in relation to the prospective testimony.

The court found the testimony for the felony murder charge to be exculpatory and stated that the proffer provided by both attorneys displayed sufficient evidence regarding Johnson’s state of mind during the alleged robbery.

However, the judge did not find Stevens’ testimony exculpatory regarding Johnson’s state of mind about the first-degree murder charge. Judge Raffinan stated that the motion to sever was denied for the first-degree murder charge.

Judge Raffinan also stressed the impact a separate trial would have on the “judicial economy”, in relation to recalling witnesses, a separate jury, and space on the calendar.

Following the ruling, the prosecution alerted the court of their plans to dismiss the addendum of felony murder attached to the robbery charge, to enable Johnson and Stevens to be tried together for first-degree murder.

The prosecution stated that they intend to try both defendants together, and the trial will move as planned in November.

A status hearing is scheduled for July 12.

Judge Denies Request to Sever Homicide Co-Defendants’ Case

On April 9, DC Superior Court Judge Anthony Epstein denied release and refused to sever a murder suspect’s case from his co-defendant’s.

Darius Robertson, 29, and Antonio Hensley, 30, are charged with second-degree murder while armed for their alleged involvement in the death of 33-year-old Andre Robertson. The incident occurred on the 5300 block of Clay Terrace, NE on Oct. 1, 2021.

According to court documents, Darius and Andre are cousins.

Michael Madden, Robertson’s defense attorney, filed two motions to sever the cases, in which he stated that Robertson would like to call Hensley as a witness, arguing that “the co-defendant [Hensley] would offer testimony that would be exculpatory” regarding Robertson.

The motion continued also said, “[T] he defendant [Robertson] has a good faith basis to believe [Hensley’s] testimony would contradict the [prosecution’s] expected evidence…”

Madden also filed a motion stating they should be severed due to Hensley’s attorneys, Kevann Gardner and Terrence Austin, withdrawing from the case, causing the trial scheduled for April 22 to be delayed.

Madden argued against delaying the trial, and stated if Judge Epstein delayed it Robertson should be released.

The prosecution opposed the request for release, deeming Robertson a “danger to any community.”

Judge Epstein denied the motion to sever, deeming it unnecessary to use the same evidence being presented in both cases. Additionally, he argued Hensley would have to go to trial first, delaying Robertson’s trial by years.

Judge Epstein also denied the motion for release, citing Judge Milton Lee’s previous ruling, which stated there were no conditions of release that would guarantee the community’s safety with Robertson’s release.

Parties are set to return April 26.

Document: MPD Seeking Man Wanted for Southeast Shooting

The Metropolitan Police Department (MPD) is seeking the public’s assistance in location 47-year-old Michael Owusu-Sakyi in connection to a non-fatal shooting that occurred on April 5 on the 1700 block of Fairlawn Avenue, SE.

The suspect was identified as Owusu-Sakyi, and he is wanted on a DC Superior Court arrest warrant charging him with assault with a dangerous weapon.

A photo of the suspect can be seen in the document below.

Anyone with knowledge of his whereabouts should contact police.

Document: MPD Arrests a Teen in a Southeast Shooting

The Metropolitan Police Department (MPD) announced they arrested a juvenile in connection to a shooting that occurred on April 5 on the 500 block of 13th Street, SE.

According to MPD documents, the suspect approached the victim at the location, shot them, and fled the scene in a vehicle. The victim was transported to a local hospital for the treatment of non-life-threatening injuries.

On April 8, a 16-year-old male turned himself in. He was arrested pursuant to a DC Superior Court custody order, and charged with assault with a dangerous weapon.

The detectives’ investigation revealed the victim and suspect were known to one another.

Document: MPD Arrests Two Teens for Discharging a Firearm

The Metropolitan Police Department (MPD) announced two juveniles were arrested for their alleged involvement in a non-fatal shooting that occurred on April 7 on the 300 block of Delafield Place, NW.

According to MPD documents, officers responded to the location for the report of a burglary and sounds of gunshots. They encountered two male juveniles, one of which was in possession of a shotgun. Officers safely placed both teens under arrest. The investigation revealed the shotgun had been fired.

No one was injured.

Two 14-year-old males were arrested. One was charged with unlawful discharge of a firearm and the other with possession of an unregistered firearm.

One of them was also charged with robbery in connection to an offense that occurred on Feb. 27 on the 6300 block of 5th Street, NW.

Prosecutors to Add a Co-Defendant After Homicide Suspect’s Arraignment

On April 9, before DC Superior Court Judge Micheal O’Keefe, a homicide defendant pleaded not guilty during arraignment, and prosecutors claimed a co-defendant will be added to the case.

Jadohn Bracey, 24, is charged with first-degree murder while armed premeditated, three counts of possession of firearm during crime of violence, two counts of assault with intent to kill while armed, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the fatal shooting of 41-year-old Angela Washington, who was on-duty as a special police officer. The incident occurred on Sept. 21, 2021 at 3300 block of 10th Place, SE.

Bracey’s attorney, Pierce Suen, alerted the court he was pleading not guilty and asserted Bracey’s rights, including his constitutional right to a speedy trial.

During the hearing, the prosecution alerted the judge and the defense that they are awaiting the transfer of another suspect from Prince George’s County, who will be added to the case as a co-defendant.

The prosecution intends on having the co-defendant transferred to the DC Jail by next week.

Parties are slated to return Oct. 18.

Guilty Verdict for Alleged Gang Member in Highway Homicide Case

On April 8, following a two-week trial, an alleged member of the Mara Salvatrucha (MS-13) gang, was found guilty of two counts of murder before DC Superior Court Judge Maribeth Raffinan.

Oscar Ramos, 34, was originally charged with first-degree murder while armed, assault with intent to kill while armed, and two counts of possession of a firearm during a crime of violence, for his involvement in the fatal shooting of 50-year-old Pedro Alvarado Melendez.

The incident occurred on May 28, 2015, on Interstate 295 North at Exit One, in Southwest DC and left another individual suffering from non-life-threatening injuries.

Throughout the trial, the prosecution presented the jury with evidence from several sources, including representatives from the Department of Justice Computer Crime Section, alleged gang members and acquaintances of Ramos, intelligence analysts, police departments from the greater the metropolitan area, and forensic analysts, in an attempt to prove beyond a reasonable doubt Ramos committed the crime.

Prosecutors argued that Ramos lured Alvarado to his death by creating a Facebook page, in which he portrayed a woman named Rosa Lopez. They claimed Ramos used the Lopez account to stalk Alvarado in the weeks leading to his murder.

According to the prosecution, the woman who had her identity stolen by “Rosa Lopez” confronted the account user about using her photos. The Lopez account responded, “okay sorry” and then blocked the woman’s Facebook account.

“Rosa Lopez is Oscar Ramos,” the prosecution insisted.

Prosecutors suggested revenge as a possible motive in that Alvarado was suspected of killing Ramos’ father.

During the trial, Ramos’ defense attorneys, Rachel McCoy and Camille Wagner, doubted the credibility of the witnesses presented by the prosecution.

“[The jury] can’t credit the testimonies made by the informants in this case,” McCoy stated, highlighting the prosecutors’ use of past gang members who were recruited by the Federal Bureau of Investigations (FBI) to assist in investigations into MS-13.

McCoy claimed the witnesses who testified in favor of the prosecution were given “thousands of dollars” and “immigration benefits.”

Following a day-and-a-half of deliberations, the jury unanimously found Ramos guilty of first-degree murder while armed and assault with intent to kill while armed, but acquitted him of the two possession of a firearm charges.

A sentencing is scheduled for July 12.

Judge Releases One Defendant and Holds Co-Defendant in Homicide Preliminary Hearing

On April 8, DC Superior Court Judge Robert Okun released defendant Jayvon Thomas but held co-defendant Lavar Hunter in a preliminary hearing for their homicide case.

Hunter, 19, and Thomas, 20, are charged with first-degree murder while armed for the shooting of 24-year old Anwar Wingate. The incident occurred in a parking garage on the 2100 block of 8th Street, NW, on November 19, 2021.

The prosecution argued there was probable cause to hold both defendants for first-degree murder, citing that the shooting was planned as part of a robbery attempt on Wingate.

According to prosecutors, Hunter and Thomas allegedly robbed Wingate for his firearm, due to the fact that Wingate was captured on surveillance video posing with a firearm. However, officers found no weapons on his body.

There was also surveillance footage of Thomas allegedly taking the firearm from Wingate’s waistband after he had been shot.

Prosecutors argued that surveillance footage shows Hunter and Thomas planning the robbery moments before it took place. They claim the two defendants preyed on a vulnerable person, given that Wingate was highly intoxicated at the time of the shooting.

Thomas’ defense attorney, Sylvia Smith, argued against probable cause because Hunter was allegedly the one to shoot Wingate, not Thomas. According to Smith, Thomas had no intention of killing Wingate and did not know Hunter was armed. She argued that video surveillance showed Thomas “in harm’s way,” when Hunter fired.

Hunter’s defense attorney, Lisbeth Saperstein, argued that probable cause did not apply because Hunter was attempting to protect Thomas, who was in a physical altercation with Wingate at the time of the shooting.

“His conduct was consistent with self-defense of another,” said Saperstein.

The prosecution responded by that Thomas would not have attempted to rob Wingate if he did not know Hunter was armed.

While deliberating terms of release for the two defendants, prosecution and defense attorneys both cited concerns about safety of the witnesses and well as the defendants.

The prosecution argued that the witnesses were well known to Thomas and Hunter, and could be in danger of retaliation if the two were released. However, Smith and Saperstein argued that it would actually put the defendants at risk, since the witnesses and victim’s family had spoken out against them in interviews.

Smith read letters of support from Thomas’ family, including one from his mother, who called him “a present and devoted father,” to his two young children.

Defense attorneys also pointed out that neither of the defendants had previous felony charges.

However, Judge Okun remarked that this family support and lack of criminal history did not stop the shooting from taking place.

Judge Okun ultimately detained Hunter as he was allegedly the one to shoot Wingate, but released Thomas to home confinement and electronic monitoring.

Parties are slated to reconvene June 8.

Murder Defendant Waives Right to Independently Test DNA Evidence

On April 8, a defendant in a 2021 homicide case waived his right to independent DNA testing before DC Superior Court Judge Rainey Brandt.

Idrissa Fall, 37, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the murder of Dara Northern, 29, on the 6100 block of 4th Street, NW, on July 18, 2021.

During the hearing, Falls’ defense attorney, Wole Falodun, alerted the judge that Fall has decided to waive his right to independent testing of any evidence the prosecution plans to collect.

Prosecution indicated to the judge that they were able to obtain DNA from a witness’ vehicle, in which the victim died, as well test a projectile and cartridge casing found at the scene. The prosecution plans to introduce Northern’s autopsy as well.

Fall voluntarily waived his rights to conduct DNA testing. Judge Brandt explained he won’t be able to test evidence if he changes his mind during the trial.

Fall said he understood.

“I am confident that Mr. Fall’s decision to waive DNA testing was made voluntarily and of his own accord,” she stated.

Parties will return April 17.

Defendant Accepts Plea Deal in Shooting Case

On April 8, DC Superior Court Judge Errol Arthur accepted a guilty plea from a non-fatal shooting defendant.

Amontae McCalvin,19, was originally charged with one count of aggravated assault knowingly while armed for his involvement in a non-fatal shooting on the 400 block of Condon Terrace, SE, on Sept. 8, 2023. One individual sustained injuries.

McCalvin accepted a plea deal extended by prosecutors, which required him to plead guilty to one count of assault with a dangerous weapon and one count of possession of a firearm without a license, in exchange for the prosecution not seeking an indictment.

According to the terms of the plea deal, the prosecution agreed not to request a sentence exceeding 48-66 months.

Judge Arthur notified McCalvin he will have to register as a gun offender in the District for two years after he serves his sentence. Additionally, he will eventually have to pay a fine to the Victims of Violent Crimes Fund (VVCF).

The parties are set to return on August 2 for McCalvin’s sentencing.

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