Full Competency Examination Ordered Pending Available Facilities

On Jan .24 , arguments were presented before DC Superior Court Judge Michael O’Keefe regarding a defendant’s mental competency to stand trial.

Deonte Spicer, 38, is charged with first-degree premeditated murder while armed for his alleged involvement in the fatal shooting of 27-year-old Tyvez Monroe on Dec. 26, 2023, on the 600 block of Maryland Avenue SW. The incident occurred at a bus station.

On Jan. 17, Judge O’Keefe ordered a preliminary screening to determine the defendant’s competency, which came back as inconclusive in a Jan. 20 report from the Department of Behavioral Health (DBH).

During the hearing, Spicer was not able to identify himself when asked by the judge.

So parties reached an agreement to give Spicer another evaluation to further assess his condition. The defense further requested that Spicer be hospitalized.

The prosecutors expressed concerns about postponing the case. Judge O’Keefe weighed in drawing attention to limited capacity and waitlist at St. Elizabeth’s a psychiatric hospital where DC houses prisoners with mental issues.

Parties are to reconvene about the matter Feb 26.

Juvenile Homicide Co-Defendant Rejects Plea Deal in Pre-Trial Hearing

On Jan. 23, a homicide defendant, involved in a co-defendant matter, rejected a plea offer extended by the prosecution before DC Superior Court Judge Rainey Brandt.

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 shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW.

According to court documents, the victim and several other friends were walking down the south side of the 600 block of S Street, NW, when a silver compact SUV pulled up beside them and began shooting. The defendants are alleged to be the individuals in the vehicle.

During the motion hearing, the prosecution informed the court that they had offered Jackson a plea agreement, which required him to plead guilty to one count of conspiracy to commit murder, second-degree murder, and two counts of possession of a deadly weapon, in exchange for dismissing the charge of first-degree murder while armed and all other charges.

However, he informed Judge Brandt that he was rejecting the prosecution’s offer, and is ready for trial to begin in the coming weeks.

Meanwhile, Steele is also suspected of a shooting on March 20, 2020, on the 2400 block of Alabama Avenue, that injured a juvenile male.

The prosecution’s first witness, a Metropolitan Police Department (MPD) officer, took the stand to recount the March 1 shooting as depicted in body-worn camera footage showing Steele’s arrest.

The footage showed two individuals, one in light-colored clothing, later allegedly identified as Steele, and another individual in dark attire walking side by side. In the footage, the officer attempts to make contact with the two individuals, however Steele creates distance between himself and the other individual, and tries to run away from the officer.

After Steele was stopped by another officer, the witness stated he performed a pat-down search on him, but did not find a weapon.

In cross-examination, Megan Allburn, Steele’s defense attorney, questioned if the officer had received information connecting Steele to the incident leading to his arrest. The officer stated he had not received information Steele was involved, but wanted to speak with the two individuals who were near the shooting.

He added because of “suspicious posture” as well as an empty satchel, recognizing it as potential way to hide a firearm, he believed it was necessary to stop the pair. His suspicion grew after Steele distanced himself from officers.

Then the prosecution called a gun recovery officer to explain that individuals may carry firearms in a cross-body satchel during warmer weather, rather than containing it in their waistband for access.

Parties are set to return Jan. 24 to continue motions hearings and witness testimony.

Judge Releases Defendant Accused of Second-Degree Murder to Home Confinement

On Jan. 23, DC Superior Court Judge Rainey Brandt presided over a hearing about the well-being of a homicide defendant.

Roshella Williams, 49, is charged with second-degree murder for allegedly setting fire to a vehicle that was occupied by 64-year-old Derek Hamilton and three other individuals, including two underage children. The incident occurred on May 29, 2023, on the 3900 block of 4th Street, SE. Hamilton succumbed to his injuries on June 1.

According to body-worn camera footage, Williams put her hands behind her back and uttered “I did it” after being stopped by an officer as she was walking away from the scene of the incident.

On Dec. 22, Judge Brandt released Williams to a hospice facility in the District, to allow her to receive treatment following a terminal cancer diagnosis.

At the hearing, Williams’ treating physician at Howard University Hospital phoned in to discuss her physical condition. According to the doctor, Williams has weeks or months to live, and he believes she needs to receive hospice care at home because there is no other treatment the hospital can provide for her.

Defense attorneys Terrence Austin and Kevin Mosley requested that Williams be placed in home confinement to receive hospice care.

Despite the prosecution’s opposition, Judge Brandt said “She’s dying, that’s the bottom line,” and granted the request changing Williams’ release conditions to home confinement, except for medical appointments.

Parties are slated to return Feb. 2 to discuss the necessity of a GPS ankle monitoring device and other release conditions.

‘He Got Killed Because of Me.’ Second Surviving Victim Continues Testimony in Homicide Case

On Jan. 23, a second surviving victim who suffered gunshot wounds to his hip, leg and right foot continued his testimony in a murder case before DC Superior Court Judge Marisa Demeo.

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.

The trial resumed with Stevenson’s defense attorney, Elizabeth Weller, continuing her cross examination of the second surviving victim.

She argued that the victim had not wanted to talk to the police, but eventually cooperated in order to receive more favorable treatment for the charge of unlawful possession of a firearm as a felon in this incident.

Additionally, Weller presented a section of the transcript where the victim asked if helping “them” would help him, and afterwards told prosecutors that he went into the interview to help himself, as he did not want to go back to jail.

The defense noted as a result of a plea deal, the victim’s charge was reduced to carrying a pistol without a license with a maximum sentence of three- to-five years.

Weller stated that the victim knew if he offered substantial assistance in this case, his lawyer could ask for a reduced sentence for his other charges, or ask for concurrent sentencing rather than multiple consecutive terms.

Thomas’s defense attorney, Howard McEachern, questioned the victim along the same lines.

Then, the prosecution began their redirect examination where the victim expressed feeling guilty regarding the shooting incident and stated Allen “got killed because of me.”

As a result, the victim explained he eventually cooperated with police because he “felt like the right thing at the time” and also believed that the other surviving victim was cooperating with police and “threw [him] under the bus.”

Trial is scheduled to continue on Jan 24.

Second Surviving Victim Testifies in Homicide Trial

On Jan. 22, a second surviving victim who suffered gunshot wounds to his hip, leg and right foot testified before a jury in DC Superior Court Judge Marisa Demeo’s courtroom.

All three victims were found inside a vehicle at the scene.

The defense continued to question the Department of Forensic Sciences (DFS) crime scene investigator’s about past reprimands for allegedly mishandling or contaminating evidence.

The government in turn said the investigator only came into contact with the evidence once in this case after swabbing the cheeks of both defendants for DNA samples.

Then, the second surviving victim of the shooting was called to the stand by the prosecution. The witness acknowledged he is currently facing charges for allegedly carrying a pistol without a license.

The victim said he met Stevenson while they were both locked up for past, unrelated crimes and described their relationship as being “cool with each other” for a while.

However, following a shooting incident a few months earlier severely injuring Stevenson, the victim felt he was being treated “differently” by Stevenson and others around him because they thought the victim “set up” Stevenson.

Prosecutors then questioned the victim about his recollection of the fatal shooting incident including a review of a large aerial image of the crime scene. He identified Stevenson as allegedly being present during the incident, adding that he knew the suspect’s vehicle, a Volvo SUV, belonged to Thomas.

As the proceeding concluded, the defense began its cross examination by reviewing transcripts of the victim’s interview with the police and grand jury testimony about the incident.

Parties are expected to reconvene Jan. 23.

Parties Give Closing Arguments in Road Rage Shooting Trial

On Jan. 22, parties gave closing arguments in a 2021 non-fatal shooting, road rage trial before DC Superior Court Judge Rainey Brandt.

Kenneth Davis, 45, is charged with six counts of possession of firearm during a crime of violence, two counts of assault with intent to kill while armed, one count of assault with intent to kill while armed against a minor, one count of assault with a dangerous weapon, and one count of unlawful possession of a firearm, for his alleged involvement in a non-fatal shooting that left an individual suffering from a gunshot wound to the left shoulder. The incident occurred on May 19, 2021, at the 1600 block of Kenilworth Avenue, NE.

In their closing arguments, prosecutors claimed that surveillance footage of the shooting, witness testimony, and the defendant’s actions after the incident, including leaving the country, proved beyond a reasonable doubt that Davis was the shooter.

Although the surveillance footage depicts the actual shooting and allegedly the defendant’s vehicle, it does not reveal the face of the shooter.

Prosecutors highlighted a witness who identified Davis in a photo array.

“It’s him, I remember that nose. It’s 100 percent him,” the witness said.

The prosecution requested the jury convict Davis of all charges.

In response, Marnitta King, Davis’ defense attorney, argued that the prosecution did not prove beyond a reasonable doubt that Davis was the shooter.

King said the person the witness identified as the shooter in the photo array was based on what other witnesses remembered.

The defense also raised doubts about lead detectives’ thoroughness in the investigation, suggesting that other anonymous tips about Maserati owners might have been overlooked due to potential racial bias. Davis is black.

Additionally, King contended that the mysterious Maserati shooter might have been oblivious to the children in the victim’s car due to tinted windows. One child sustained injuries from shattering glass during the crash and trying to escape the gunfire.

According to the Metropolitan Police Department (MPD), Davis was arrested Aug. 5, 2021, by law enforcement officers in Costa Rica. King argued that it was not uncommon for Davis to travel and rent transportation, due to his work in the music industry.

The prosecution’s rebuttal claimed that the witness’ identification was not derived from other witnesses, because she was the only one able to identify a facial feature of the shooter.

The prosecution also insisted that Davis’ travel abroad following the shooting, where authorities were unable to locate him, as well as storing his Maserati in his mother’s garage under a tarp, proves that Davis was the identified shooter.

On Jan. 23, the trial will continue.

Prosecution Calls for Guilty Verdict in Non-Fatal Shooting

On Feb.12, DC Superior Court Judge Michael O’Keefe presided over the testimony of five additional witnesses, each shedding light on their expertise and involvement in a fatal shooting case.

Terrell Poe, 37, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful 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 fatal shooting of 30-year-old victim, Christopher Washington, on September 23, 2020, on the 400 block of Southern Avenue, SE.

Prosecutors called four witnesses, beginning the trial by calling a forensic DNA analyst to verify the results of DNA swabs taken from a truck suspected to be involved in the shooting.

The analyst testified that most of the evidence was inconclusive, but a phone found in the truck had two distinct DNA profiles on it, adding that one match was unidentified, and one was a certain match for Poe.

During cross-examination, defense attorney Marnitta King probed the analyst regarding the last person to handle the phone. The analyst admitted the impossibility of definitively determining whether Poe or the unidentified DNA profile had last possessed the device.

The next witness called by prosecutors was an investigator for the DC Department of Forensic Sciences (DFS), who testified collecting DNA evidence from the interior of the truck, confirming the presence of DNA. The witness did not establish a link between the DNA found and Poe’s, further enhancing the credibility of a report prepared for the case.

The prosecution then called the Chief Deputy Examiner from the Office of the Chief Medical Examiner’s Office (OCME), who had performed an autopsy on Washington in 2020.

The witness testified that Washington had been shot four times to the chest, buttocks, wrist and left foot. The prosecution showed the jury pictures from the autopsy, a diagram of the injuries, and a sheet that listed projectile fragments recovered from Washington’s body.

The expert witness testified that the multiple gunshot wounds that he sustained caused his death.

Following the examiner’s testimony, prosecutors proceeded to call an officer of the Metropolitan Police Department (MPD).

The officer testified to being the one to pull Poe over for his alleged involvement in the shooting.

The prosecution presented the officer’s body camera footage, showing Poe identifying himself to officers. After he was identified, Poe was arrested and taken into the precinct for questioning.

On cross examination, King presented the officer with a photo from the body camera footage and asked him to testify to Poe’s height and weight, and if it was accurate to Poe’s current appearance. The officer hesitantly testified that it appeared the defendant had lost weight in the four years since his arrest.

On redirect, prosecutors were quick to clarify that the body camera footage had a fish-eye lens. The officer agreed and testified that the round lens tends to distort the footage, creating an image that is slightly inconsistent with the actual view.

Following the officer’s testimony, the prosecution rested their case.

The defense then called their first and only witness, a former lead detective on the case. He testified to receiving information about Poe allegedly standing outside a witness’ house a few days after the shooting.

King emphasized the absence of this information in the detective’s reports, casting doubt on the coherence of his testimony. King argued that the detective had meticulously documented all conversations with witnesses and fellow officers during that period but had inexplicably omitted this particular piece of information.

“None of the notes that you turned over, or in the 140 pages from your report, states that you received this information,” King asserted.

Following the detective’s testimony, the defense rested their case.

Parties are slated to return Feb. 13 for their closing arguments.

Homicide Defendant Accepts Plea Deal

On Jan. 22, a homicide defendant accepted a plea agreement in front of DC Superior Court Judge Maribeth Raffinan. John J. McRae, 46, is charged with first-degree murder 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 the shooting death of 22-year-old Marty McMillan on March 23, 2017. The incident occurred on the 1900 block of 13th Street, SE.

According to court documents, McMillan, and the woman McRae was in a relationship with, were having sex at his apartment. McRae walked into the apartment and caught the pair in the act. McMillan and the woman met on Plenty of Fish (pof.com), a dating website.

During the hearing, McRae accepted a deal extended by prosecutors, which required him to plead guilty to voluntary manslaughter while armed and tampering with physical evidence. The parties agreed to a sixteen year sentence with a five-year supervised release period.

The prosecutors stated they believe had they gone to trial, they would have proved McRae’s guilt beyond a reasonable doubt.

McMillan’s grandmother requested Judge Raffinan consider the pain of her family, and stated they, “looked for [McMillan’s] remains for nine months”. She reminded the court that McMillan “did not get an opportunity to plead his case.”

Parties are slated to return for sentencing May 3.

Preliminary Hearing Resumes Against Co-Defendants Charged With Homicide

On Jan. 22, DC Superior Court Judge Maribeth Raffinan continued a preliminary hearing for two co-defendants charged with two homicides.

Deangelo Opey, 31, is charged with second-degree murder while armed for his alleged involvement in the death of Anthony Weathers, 25, on the 300 block of V Street, NE. Weathers was found by responding officers on the 2000 block of 4th Street, NE, on Oct. 31, 2012.

Gregory Smithwick, 31, is charged with first-degree murder while armed for his alleged involvement in the death of Vernon Davis, 34, on the 1900 block of 3rd Street, NE, on Sept 13, 2013.

Opey and Smithwick are co-defendants because prosecutors believe that Smithwick killed Davis because he was potentially a witness in a case against Opey.

In this continued preliminary hearing, the lead detective in the case from the Metropolitan Police Department (MPD) returned to the stand. His involvement began in 2019 after the previous lead detective retired.

The current lead detective testified that, while many witnesses initially came forward with information regarding the shooting, there was only one who claimed to be an eyewitness. The detective also testified that another witness was deceased, and that two other witnesses had allegedly lied in front of a jury.

Opey’s defense attorney, Roderick Thompson, and Smithwick’s defense attorney, James King, both claim that there is insufficient evidence to prove either defendant’s involvement in the homicides.

In reference to witnesses who allegedly committed perjury, Thompson said their evidence consisted of speculation and rumor. He questioned why the original detectives had not tested the eyewitnesses’ phone records to prove they were in the area at the time of the shooting.

King said even though cell phone towers allegedly placed Smithwick in the area at the time of the homicide, this was an area the defendant frequented. Moreover, this was the only evidence presented against his client outside of witness testimony.

Finally, the prosecution presented new evidence in the form of an affidavit that allegedly showed a previous instance in which a witness suspected of perjury had given accurate testimony.

Due to this new evidence, Judge Raffinan scheduled a continuation of the preliminary hearing for a probable cause ruling.

Parties are slated to reconvene Jan. 30.

Judge Postpones Probable Cause Decision to Consider New Evidence

In a Jan. 19 hearing before DC Superior Court Judge Michael O’Keefe the prosecution argued that a co-defendant in a homicide case googled for information about “how to take apart a Glock 19” on the day of the crime.

Aaron Walker, 19, and Dasani Dawson, 19, are charged with first-degree murder for their alleged involvement in the fatal shooting of 20-year-old Brian Buxton. The incident occurred on Aug. 9, 2022 on the 100 block of Irvington Street, SW.

The prosecution called the lead detective from the Metropolitan Police Department (MPD) who introduced three new surveillance videos allegedly allegedly connecting the defendants to an earlier carjacking incident on the day of the fatal shooting. The officer identified the defendants in court as those in the videos.

Walker’s defense attorney, Brandi Harden, argued that these videos are inadmissible because they were introduced too late since the prosecution didn’t initially intend to use them, but Judge O’Keefe overruled her and she proceeded to cross-examined the detective asking what exactly he had seen in the videos, and what made him think it was Walker in the car.

The lead detective stated the individual in the video was the same height as Walker and was seen in numerous videos wearing a black sweatshirt with red lettering and going in and out of Walker’s house.

Harden responded that many black men in DC are the same height as Walker, and could have been wearing a similar sweatshirt. So she said the lead detective’s testimony shouldn’t admitted because he had no evidence the individual in the videos was Walker.

When Judge O’Keefe overruled her objection, she responded, “It’s improper information for not only the prosecution to do it, but for the court to receive it”

The prosecution said that it’s only common sense the material could be used to connect the individuals in the videos to the defendants, and then presented a timeline of the crime including evidence Dawson had allegedly googled “how to take apart a Glock 19” on the same day that Braxton died after being shot with that same type of weapon.

As the proceeding concluded, Judge O’Keefe decided to postpone his probable cause ruling to review all the evidence.

A follow up preliminary hearing is scheduled for Jan. 25.

Document: MPD Searching for Blue Hyundai Involved in a Shooting

The Metropolitan Police Department (MPD) is seeking the community’s assistance in identifying and locating a blue Hyundai Tucson that was involved in a shooting on Jan. 20 on the 3400 block of 13th Street, SE.

According to MPD documents, the victim was shot at the location. After the shooting, the suspect fled the scene in a vehicle described as a blue Hyundai Tucson with DC tags JB9372. The victim sought treatment at a hospital for non-life-threatening injuries.

The suspect 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 Investigates Traffic Fatality in Southwest

The Metropolitan Police Department (MPD) is investigating the death of a man after a traffic crash on Nov. 29, 2023, on the 4300 block of Martin Luther King Jr. Avenue, SW.

According to MPD documents, a pickup truck was traveling northbound at the location when the truck crossed into the southbound lane to avoid driving over a milled section of the roadway. A motorcycle was traveling southbound at the location at a high rate of speed.

The driver of the truck attempted to swerve left to avoid the collision, but the motorcycle sideswiped the truck, causing the motorcyclist to be ejected. DC Fire and Emergency Medical Services (EMS) responded to the scene and transported the driver of the motorcycle to a local hospital for treatment of life-threatening injuries.

On Jan. 20, the operator of the motorcycle succumbed to his injuries.

He was identified as 50-year-old Jamil David.

Anyone with knowledge of the incident should call MPD.

Judge Sentences Shooting Defendant to 40 Months Incarceration

On Jan. 22, DC Superior Court Judge Heidi Pasichow sentenced a non-fatal shooting defendant to a total of 40 months incarceration.

Manaen Hines, 31, was originally charged with assault with a dangerous weapon and carrying a pistol without a license outside a home or business for his involvement in a shooting on Aug. 18, 2023, on the 3000 block of Martin Luther King Jr. Avenue, SE. One individual was shot and transported to a local hospital for non-life-threatening injuries to the abdomen.

On Oct. 30, Hines accepted a deal that required him to plead guilty to assault with a dangerous weapon and carrying a pistol without a license, in exchange for the prosecution not seeking an indictment. Due to his criminal history, the sentencing ranges were between 18 and 60 months for the assault with a dangerous weapon charge, and six to 24 months for the possession charge.

During the sentencing, prosecutors requested Judge Pasichow sentence him to the higher end of the range, arguing it was a “very serious case, and a very generous plea deal,” adding that he was clearly seen in surveillance footage shooting someone as they were walking away, and, “This could have resulted in greater tragedy.”

“There is no question that this situation could have been a lot worse,” said Peter Cooper, Hines’ defense attorney, adding “he knows he was in the wrong.” He requested Hines be sentenced at the bottom of the guidelines with a split sentence, meaning he serves part of it incarcerated and part of it out in the community.

“I am not a violent person, that day I was feeling like a monster,” said Hines to Judge Pasichow, adding “I don’t ever want to be in this place again.” He requested an opportunity to prove he belongs in the community.

Judge Pasichow denied Cooper’s request for a short-split sentence, imposing a 40 month sentence for the assault with a dangerous weapon charge, to run concurrent to 15 months for the carrying charge.

Hines is required to register as a gun offender, go through vocational training, and have no contact with the victim.

No further dates were set for this matter.

Judge Releases Homicide Defendant to Home Confinement

On Jan. 22, DC Superior Court Judge Robert Okun granted a homicide defendant’s request for release.

Lamar Wright, 20, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 27-year-old Derrick Thomas on May 2, 2023, on the 400 block of Condon Terrace, SE.

Sylivia Smith, Wright’s defense attorney, filed for his release on Oct. 30, which was granted by Judge Okun. He remained detained in another unrelated matter.

According to Smith, Wright is expected to be released from the other matter on Jan. 25. Smith’s mission in court was to determine the defendant’s eligibility for home confinement with unsupervised release in connection to this case. In her request, Smith asked that the defendant be allowed to leave home confinement for legal visits as long as he coordinates with the Pretrial Services Agency (PSA) beforehand.

PSA deemed Wright eligible for release, with the confirmation of an address, which was provided in court by a family member. Wright will be soon released from the DC Jail and must report to Pretrial Services to install a GPS monitoring device.

Parties will reconvene May 31.

Judge Issues Bench Warrant During Sentencing Hearing

On Jan. 22, in what was supposed to be a sentencing, DC Superior Court Judge Andrea Hertzfeld issued a bench warrant in a longstanding shooting case, due to the defendant’s failure to appear.

Leroy B. Headspeth, 80, has been charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, among other charges, for his involvement in a shooting that occurred on Oct. 3, 2019, on the 700 block of H Street, NE. Headspeth injured himself during the incident.

On Sept. 22, 2023, Headspeth accepted a deal extended by prosecutors to plead guilty to unlawful possession of a firearm by a prior convict in exchange for a dismissal of all other felony charges. Prosecutors also agreed to dismiss a misdemeanor case against Headspeth.

According to court documents, officers from the Metropolitan Police Department (MPD) found Headspeth injured in an alley with a bullet in his upper left leg with a revolver next to him. He later claimed he bought the gun from a third party he met prior to his injury. Surveillance footage depicts Headspeth discharging a weapon near a park bench after an altercation with the person who allegedly sold him the revolver.

Headspeth was released to the Pretrial Services Agency (PSA) with limitations on Oct. 7, 2019. After failing to appear at sentencing, Judge Hertzfeld issued a bench warrant for his arrest.

A new sentencing date will be scheduled once the US Marshals detain Headspeth.