Judge Grants Motions to Introduce Evidence From Prosecution in Co-defendant Murder Trial

On Jan. 29, DC Superior Court Judge Rainey Brandt addressed two motions submitted by prosecution to admit a witness’s 911 call and police body worn camera footage into evidence.

Koran Jackson, 23,Reginald Steele, 24, Tyiion Kyree Freeman, 24, Stephen Nelson, 22, and Aaron Dequan Brown, 27, are charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW.

Steele is also being charged with assault with the intent to kill while armed and possession of a firearm during a crime of violence for his alleged involvement in a second shooting on March 20, which injured a seven-year-old and killed a second victim.

During the hearing, prosecutors played a two-part 911 call from a witness who had told the dispatcher she’d seen the shooting, and described the suspect’s vehicle as “small”, “brown”, and having a Maryland license plate. The witness claimed that she had been following behind the car, but lost sight of it.

The prosecution also submitted three different exhibits of body-worn camera footage from Metropolitan Police Department (MPD) officers. The first exhibit showed officers responding to Malachi Lukes, who died before they arrived at the scene on March 1, 2020. The second and third exhibits showed officers tending to the wounds of the victim of the non-fatal shooting on March 20.

Freeman’s counsel, Shawn Sukumar, objected to entering both audio and visual evidence into the court, on the basis of the statements being “premeditated.” Objections to entering 911 calls centered around the complainant providing a ‘reflective’ statement, and not indicating any stress from the event.

The prosecution responded by stating that the witness immediately called 911 after seeing the incident, and was startled in a manner that shows “excitement.”

There were similar objections raised to introducing the body-worn camera footage. The defense argued that the questions asked by MPD officers indicated that they were “gathering information for a prosecution.” However, the prosecution countered by stating that their actions were understandable “to meet the ongoing emergency,” and that officers acted to keep the victims and community safe.

Judge Brandt first addressed the motion to introduce body-worn camera footage, and stated that the officers’ questions did not violate any rules regarding evidence. The 911 call was similarly accepted, although the judge did underline that it was not an ‘excited utterance’ as is generally required.

Parties are set to reconvene on Jan 31, as Judge Brandt is expected to deliver a ruling on whether evidence relating to a defendant’s phone is admissible into evidence.

Document: MPD Investigating Traffic Fatality in Southeast DC

The Metropolitan Police Department (MPD) is investigating the death of a man after a traffic trash on Jan. 27, on the 600 block of L Street, SE.

According to MPD documents, a pick-up truck was parked at the location when a male pedestrian walked westbound, in the street, towards the truck. As the pedestrian reached the driver’s side door, the pick-u truck began to move and struck the pedestrian.

The pedestrian was transported to a local hospital, where he died from his injuries.

The victim was identified as 37-year-old Torre Desmond Gray Sr.

The driver of the truck fled the scene, but later contacted police.

The preliminary investigation revealed the individuals knew one another.

Anyone with knowledge of the incident should call police.

Document: MPD Searching for Shooting Suspect Vehicle

The Metropolitan Police Department (MPD) is seeking the public’s assistance in locating a suspect vehicle involved in a non-fatal shooting on Jan. 26 on the 1200 block of I Street, SE.

According to MPD documents, officers responded to the location for the report of sounds of gunshots, where they located an 18-year-old male and female suffering from gunshot wounds. They were transported to local hospitals for treatment.

The suspect’s vehicle was described as a white SUV, and was captured by nearby surveillance camera.

Document: MPD Searching for Northeast Shooting Suspect

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect in reference to a non-fatal shooting incident that occurred on Jan. 11 on the 4200 block of East Capitol Street, NE.

According to MPD documents, officers responded to the location for the report of sounds of gunshots, where they located evidence of a shooting, but no victim. Shortly after, a victim was located at a local hospital seeking treatment for critical gunshot wounds.

The suspect was captured by surveillance footage nearby.

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.

Pre-Trial Motions Continue in Homicide Case of 13-Year-Old Boy

On Jan. 25, DC Superior Court Judge Rainey Brandt heard testimony to rule on a defendant’s motion to suppress autopsy photographs of the victim.

Koran Jackson, 23, Reginald Steele, 24, Tyiion Kyree Freeman, 24, Stephen Nelson, 22 and Aaron Dequan Brown, 27, are charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW. The incident also left a seven-year-old boy suffering from gunshot wound injuries.

Steele’s defense attorney, Megan Allburn, cross examined the prosecution’s witness, a Metropolitan Police Department (MPD) officer, who testified that upon responding to the 911 call about a seven-year-old who was shot, the officer encountered the juvenile’s mother.

According to the officer, the mother first explained the juvenile was shot outside. After other officers searched, they could not find evidence of an injured juvenile around the building. When the officer asked the mother again, “her demeanor shifted” and she explained that the incident happened inside. The officer left to respond to a different call.

Prosecution then called an MPD detective to testify, who reviewed body-worn camera footage from multiple officers at the scene. In one video, the seven-year-old is seen with paramedics on a stretcher. This footage also reveals officers discovering a handgun in a pack-and-play crib inside the residence.

Another video focuses on a hallway, where Lukes, who had also been shot, was discovered. The detective stated he had no information on possible suspects at the time MPD was at the scene.

During cross examination from Allburn, the detective stated no video surveillance footage was collected from the building in which the incident took place.

After the detective’s testimony, Judge Brandt heard the defense’s motion to suppress autopsy photos of Lukes. Shawn Sukumar, Freeman’s defense attorney, argued that “the risk of prejudice is just far too great.”

Prosecution responded by saying that these photos are “not unfairly prejudicial because at the end of the day, this is what we are dealing with.”

While Judge Brandt has not made her final ruling on the motion, she noted that “homicides in their very nature are not pretty,” and that the prejudice surrounding the photos does not outweigh the probative value.

Prosecution then called the lead detective on the case, a member of MPD’s Special Victims Unit, to testify. The lead detective said this was a “complex investigation” as not only did it take place during the beginning of the COVID-19 pandemic, but there were also very few witnesses, a significant amount of surveillance video footage to review, and he had to compare the GPS data from the car that the suspects were driving to the video footage.

The lead detective further testified that a fellow police officer identified Steele from a still taken from one of the surveillance videos, without further discussing how the officer knew Steele. A search warrant was subsequently obtained for Steele’s phone as the lead detective believed it contained evidence in connection to the shooting.

Parties are slated to return Jan. 29.

‘I’ve Never Been the Same Since I Lost the Love of My Life,’ Victim’s Fiancé Says at Homicide Sentencing

On Jan 26, a homicide defendant was sentenced to 12 years of incarceration by DC Superior Court Judge Maribeth Raffinan.

Michael Caldwell, 29, was originally charged with second-degree murder while armed for his involvement in the fatal stabbing of Damien Thompson, 45, on June 4, 2023, on the 4300 block of Halley Terrace, SE.

According to court documents, the incident was instigated by Thompson arguing about Caldwell’s grandfather. Eyewitnesses told officers from the Metropolitan Police Department (MPD) that both individuals had been under the influence of alcohol. The conversation escalated and Thompson hit Caldwell in the head with a glass bottle. Caldwell retaliated stabbing Thompson with a knife approximately nine times.

On July 10, 2023, Caldwell accepted a deal which required him to plead guilty to one count of voluntary manslaughter while armed, in exchange for the prosecution not seeking an indictment.

During the sentencing, the prosecution invited three members of the Thompson family to deliver victim impact statements, expressing their pain.

“I can’t sleep at night,” Thompson’s fiancé said. “I’ve never been the same since I lost the love of my life.”

Despite her sadness, Thompson’s mother focused on the importance of forgiveness and told Caldwell that he can change for the better.

“Michael, you can change,” Thompson’s mother said, adding “Take the wrong and make it right.”

“I forgive you, but I pray that you remember what you’ve done to Damien and everyone who loved him,” she said.

The prosecution said 16 years in prison would be most appropriate for this case. Although Caldwell suffered childhood trauma, prosecutors argued it is not an excuse for what he did to Thompson.

Caldwell’s two older sisters also gave statements, offering their condolences to the victim’s family while extending their support to Caldwell. They said that this is the first time “something serious” has happened to him and that Caldwell is a good person.

Caldwell’s attorney, Todd Baldwin believed that Caldwell has post-traumatic stress disorder from his childhood which caused him to behave the way he did during the incident. According to Baldwin, Caldwell was molested as a child by someone in his household and would hear gunshots every night.

As a result, Baldwin requested a sentence of 102 months.

Judge Raffinan sentenced Caldwell to 12 years in prison with five years of supervised release. During incarceration, Caldwell must comply with an intervention plan that consists of mental health treatment, drug treatment assessments and treatment if necessary, and a life skills program. Caldwell owes $100 to the victims fund, which is due a year after his release.

No further dates were set for this matter.

Homicide Defendant Sentenced to 11 Years in Prison

On Jan. 26, DC Superior Court Judge Michael O’Keefe accepted a guilty plea deal for a homicide defendant and sentenced him to the recommended 11 years in prison.

Dreaun Young, 19, was originally charged with second-degree murder while armed for his involvement in the shooting of 26-year-old Michael Brittingham on Aug. 6, 2020, on the 600 block of 46th Street, SE.

The Los Angeles Police Department (LAPD) located and arrested Young in Hollywood, California for an ongoing rape case, before later finding out that he was wanted for a murder charge in the District. He was extradited to DC on Sept. 20, 2022.

According to court documents, Young and Brittingham knew each other from around the neighborhood, and had become friends. According to witnesses from the night of the incident, there was a dispute between them about money. Brittingham allegedly sold drugs in the area and Young owed him money. According to the documents, the shooting occurred outside of an ice cream truck, in a public place.

On Aug. 21, 2023, Young accepted a plea offer extended by prosecutors, which required he plead guilty to one count of voluntary manslaughter while armed in exchange for a dismissal of all other charges in connection to the killing. The parties agreed on a sentencing range of seven-and-a-half to 11 years incarceration.

Initially, on January 5, Judge O’Keefe denied Young’s plea agreement and claimed that due to his long history of crimes and violent behavior, he needed a stronger sentence that would be more proportional to his record.

However, after reviewing the evidence, Judge O’Keefe decided to accept the plea offer. He stated that due to the lack of willingness from the prosecution’s witnesses, it had been difficult to try Young. Additionally, he stated that he took the defendant’s age, life experiences and acceptance of accountability into consideration when determining his sentence.

Judge O’Keefe sentenced Young to 11 years imprisonment plus an additional 5 years supervised release. Joseph Yarbough, Young’s defense attorney, requested that his client be sentenced under the Youth Act, however this request was ultimately denied by the judge, stating that the defendant must serve his time in prison and show he is worthy of being considered for the Youth Act.

The Youth Act gives youth offenders charged with a crime the ability to have their case effectively sealed after successfully completing the required mandates.

In addition to his sentence, Youth must register as a gun offender, attend anger management courses, grief counseling, and complete his GED. $100 will also be paid to the Violent Crime Fund through the defense.

Digital Records at Issue in Homicide Case

On Jan. 26, during a detention hearing for Ernest Cleveland, prosecutors presented evidence showing the alleged murder suspect’s digital records which included text messages and screenshots before DC Superior Court Judge Robert Okun.

Cleveland, 30, is charged with seven counts including first-degree murder while armed, assault with intent to kill and possession of a gun during a crime of violence, for his alleged involvement in the shooting death of 39-year-old Edward Pearson and the wounding of another individual on Nov. 26, 2020, on the 2900 block of Connecticut Avenue, NW.

The hearing continued with the defense recalling a witness from the Public Defender Service (PDS) who was unable to testify because of several technical difficulties in the presentation.

The prosecution resumed their review of specific sections of Cleveland’s digital cell phone records.

The information included screenshots of a Cash App mobile payment transaction involving a second presumed suspect in the shooting as well as potentially incriminating internet searches which included “suspects sight in Connecticut Ave” and “double shooting Connecticut Ave NW”.

Cleveland’s defense attorney, Madalyn Harvey, followed with a redirect during which the witness acknowledged that Cleveland did not have Cash App downloaded nor were any payments of his detected.

The next hearing is scheduled for Feb. 14.

Case Acquitted: Contradictory Witness Statements Given in Mother-Son Shooting Trial

Donnell Tucker was acquitted of all charges on Jan. 31, 2024.

On Jan. 25, several witnesses testified regarding their knowledge of a non-fatal shooting incident in DC Superior Court Judge Robert Salerno’s courtroom.

Donnell Tucker, 27, is charged with one count of aggravated assault knowingly while armed, one count of burglary while armed, two counts of possession of a firearm during a crime of violence, one count of threatening to kidnap or injure a person, and one count of conspiracy for his alleged involvement in a non-fatal shooting that occurred on March 28, 2023, on the 3400 block of 13th Place, SE.

On Nov. 6, 2023, Tucker’s mother, Tiaquana Chandler, 42, was convicted in connection to the shooting. She was convicted of conspiracy, but was acquitted of first-degree burglary, assault with significant bodily injury while armed, soliciting a violent crime, and additional possession of a firearm during a crime of violence charges.

Marnitta King, Tucker’s defense attorney, had a chance to cross-examine an eyewitness who had previously testified on Jan. 24. The defense focused on the eyewitness’ previous claim that the man responsible for the shooting was not the defendant, but rather another man sitting in the courtroom.

King once again asked the eyewitness if they had seen “Who [they] believe to be Donnell” walk out of the court. The eyewitness reaffirmed they had.

Between Jan. 24 and Jan. 25, the eyewitness’ testimony apparently varied on several important details. On Jan. 24, the witness was asked to give a description of Tucker and recalled a tattoo on the back of his neck. However, on Jan. 25, the witness claimed they “do not remember” previous statements regarding the defendant’s appearance.

Additionally discrepancies appeared when the victim of the shooting took the stand who said he opened the door for Chandler and the Tucker the night of the attack. This contrasted with the claim of being at the door when it was forced open.

The eyewitness and the victim also disagreed over whether the assailant was wearing a mask during the attack and how many times Chandler returned to the apartment before allegedly returning with Tucker.

The eyewitness also reaffirmed observing violence between the victim and Tucker’s mother on several occasions. The victim testified that he had never had a physical altercation with Tucker’s mother. Instead, the victim described Chandler as an “associate,” when asked if they were friendly.

In her cross examination of the victim, King asked, “You, on occasion, would beat the [eyewitness], correct?” The victim denied any criminal action against the eyewitness, and also denied claims of drug use the night of the attack, contradicting the eyewitness’ testimony.

Metropolitan Police Department (MPD) body worn camera footage revealed the victim’s interview at George Washington Hospital the night of the attack, in which the victim told officers, “it was Tiaquana and her son.”

Despite this, King pointed out that the victim, according to their previous testimony at a grand jury, had never met Chandler’s son.

The prosecution pointed out that the victim received medication and psychological treatment for his injuries and they may affect memory.

Following the victim’s testimony, prosecutors called a detective who was present the night of the attack. She testified to the validity of mail evidence found at a residence near the incident location that belonged to Chandler and Tucker.

Lastly, King directly asked the detective about sanctions against her in the past for failing to wear a body camera on several instances. The detective acknowledged the disciplinary actions.

Before leaving the stand, King asked how many gun shots the detective heard from the video presented in court. The detective testified to hearing one shot, which apparently contradicted a previous eyewitness testimony saying they saw five shots fired.

Trial is slated to resume Jan. 29.

Document: MPD Investigating Southeast Homicide

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on Jan. 25, 3500 block of 6th Street, SE.

According to MPD documents, officers responded to the location for the report of an unconscious person, and located a man with gunshot wound injuries inside of an apartment. He was pronounced dead at the scene.

The victim was identified as 31-year-old Malik Gliss.

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: Two Men Arrested for a Homicide

The Metropolitan Police Department (MPD) announced two men have been arrested for a shooting that killed a man on Nov. 19, 2023, on the 2100 block of 8th Street, NW.

According to MPD documents, officers responded to the location for the report of an unconscious person inside a parking garage, where they located an adult male suffering from a gunshot wound. He died at the scene.

The victim was identified as 24-year-old Anwar Wingate.

On Jan. 24, 20-year-old Jayvon Thomas and 19-year-old Lavar Hunter were arrested and charged first-degree murder while armed (felony murder).

Expert Testimony Featured in Homicide Trial

On Jan. 25, before DC Superior Court Judge Marisa Demeo, prosecutors called upon several witnesses to testify and share their expertise regarding collected evidence in a fatal shooting case.

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 a vehicle at the scene.

Thomas’ defense attorney, Howard McEachern, questioned a forensics specialist witness regarding information from DNA testing. The witness said you can’t estimate how long or when a person contacted DNA or skin cells collected as evidence, although it takes some time for the material to degrade.

The prosecutors followed with a redirect examination where the witness explained the degradation process of DNA or skin cells and how the process takes a while.

Prosecutors called a witness from the Metropolitan Police Department’s (MPD) who retrieves digital surveillance footage and detailed the area surrounding the street and sidewalk near the crime scene noting timestamps along the locations..

Stevenson’s defense attorney, Elizabeth Weller, followed stating, “I’m not trying to trick you,”

However, he disclosed the footage is not from MPD, but is actually from security cameras around the area and in stores.

The prosecution then an FBI agent who explained that cell phones could be tracked and located based on the cell phone service tower that they automatically connect to. The witness stated that the defendants’ cell phones were in the general area of where the homicide occurred.

Weller asked if he could identify the exact cell phones’ location during the crime, to which he responded he could only identify the general area.

The prosecution then called an MPD homicide detective to testify regarding a woman he interviewed in connection to the defendants. The surveillance footage allegedly shows the woman speaking to the defendants prior to the shooting and then being called in for questioning.

The officer testified that, although the witness had originally given the officer a fake name, he later searched her phone and found her real name. He also found images of Stevenson in her phone alongside his name and contact information. The officer that this helped identify Stevenson as a suspect.

The detective also shared numerous clips from security camera footage that showed two individuals near the scene of the crime. These clips included two individuals walking in a neighborhood, a car crashing into a street object and two individuals leaving the driver and passenger’s seats and fleeing the scene. The prosecution’s implication is that these individuals were Stevenson and Thomas.

Trial is scheduled to continue on Jan. 29.

Witness Presents Disputed Testimony in Homicide Trial

On Jan.25, the defense claimed there were discrepancies in witness testimony in a homicide trial before DC Superior Court Judge Anthony Epstein,

Elhadji Ndiaye, 24, is facing charges of first-degree murder while armed, possession of a firearm during a crime of violence, robbery while armed, tampering with physical evidence, destruction of property, and obstruction of justice. These charges result from his alleged involvement in the fatal shooting of Travis Ruth, 21, on January 19, 2019, on the 2700 block of Jasper Street, NE.

During cross-examination of the witness who made the 911 call about the incident, Ndiaye’s defense attorney, Nikki Lotze, said he initially told the police and the 911 dispatcher that he did not know the victim, despite their being friends and being together on the day of the incident.

To reinforce her argument, Lotze played the 911 call for the jury, where the witness purportedly said, “Somebody just shot a man,” and added, “I am not trying to go near the person, just come.”

Lotze also presented police video in which the witness allegedly says he did not know the victim. She also said the witness claimed to have the victim’s phone, to which he responded, “I had two phones that day, an android and an iPhone. I never had his phone.”

Lotze said the witness previously told the victim’s family he had his phone, but then admitted to lying to the family.

Then, Lotze read a transcript of the police interview with the witness where he stated, “There is no type of justice.”

Lotze contended the witness made the statement only after the police had threatened to charge him with murder, suggesting he wanted to avoid prosecution.

Next, prosecutors called the deputy medical examiner from the DC Office of the Chief Medical Examiner (OCME), who performed the Ruth’s autopsy and showed images of gunshot wounds to his head, neck, thigh, and hand.

Prosecutors then called an individual who was friends with Ndiaye and Ruth, but had a closer relationship with Ruth.

“He was a people person,” said the witness, as he described Ruth.

The prosecution cited responses from prior grand jury transcript and police interview where the witness stated the defendant shot Ruth in response to his calling Ndiaye by his official name instead of his preferred, Boosie, provoking anger.

Due to time constraints, the witness was unable to finish his testimony.

Parties are slated to return Jan. 29.

Opening Statements and Testimony in 2023 Homicide Trial

On Jan. 23, opening statements and witness testimony was presented in a homicide trial before DC Superior Court Judge Anthony Epstein.

Elhadji Ndiaye, 24, is charged with first-degree murder while armed, possession of a firearm during crime of violence, tampering with physical evidence, robbery while armed, destruction of property less than $1,000, and obstruction of justice for his alleged involvement in the fatal shooting of Travis Ruth, 21, on the 2700 block of Jasper Street, NE, on Jan. 18, 2019.

According to the prosecution, Ndiaye allegedly told an eyewitness to keep his mouth shut about the incident.

The prosecution’s opening statement focused on the night of the crime when a group of friends, including Ndiaye and Ruth, were hanging out, drinking, and listening to music in an alley,

The prosecution alleged that Ruth told the defendant he was going live on Instagram. Then Ndiaye asked Ruth if he had funnel, which is tobacco to mix with marijuana, and Ruth responded, “nah Elijah.” Prosecutors claim that Ruth calling Ndiaye “Elijah” may have led to the shooting, possibly because he preferred to be called by his nickname, “Boosie.”

During the defense’s opening statement, Ndiaye’s attorney, Nikki Lotze, claimed there is no evidence to prove he was on the scene at the time of the incident. Instead, the defense claims Ndiaye was home and was trying to get in contact with his friends who were still at the alley.

Trial is set to resume Jan. 24.

Document: MPD Investigating Officer-Involved Shooting

The Metropolitan Police Department’s (MPD) Internal Affairs Bureau are investigating an MPD officer-involved shooting that occurred on Jan. 24 on the 1300 block of North Capitol Street, NW.

According to MPD documents, officers responded to the 2500 block of Benning Road, NE, for a man experiencing a mental health crisis. Over the next few hours, the responding officers spoke with the man, successfully deescalating the situation. DC Fire and EMS then began transporting the man to an area hospital for additional treatment, and the responding officers followed behind the ambulance.

During the transport, the man became combative and attacked the firefighter/paramedic who was riding with him, pinning her against the inside wall of the ambulance. She was able to slip out the side door of the ambulance and flee, and the man followed her outside.

The officers that were following the ambulance went to stop the man, who lunged at and grabbed one of them. The officer attempted to stop the assaultive behavior by deploying OC spray and giving verbal commands. The OC spray did not take effect, and the man fled into traffic. The officer requested that additional units and an official respond to the scene to assist them. The man then crawled underneath a nearby truck and emerged with a metal object clenched in his right hand.

The officer directed the man to drop the metal object, but he refused and moved towards him with the object raised. The officer retreated backwards and again directed the man to drop the metal object. The man charged towards the officer, grabbed at him, and swung the metal object at him. At that time, the officer discharged his firearm, striking the man.

The ambulance crew that was on scene attempted life-saving measures. After all efforts failed, the man was pronounced dead. He has been identified as 41-year-old Clifford Brooks.