Text Messages Involving Drugs and Guns Revealed in Homicide Trial

On Dec. 19, more witness testimony was provided in a murder trial before DC Superior Court Judge Robert Okun.

Mussye Rezene, 31, is charged with first-degree premeditated murder 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 death of 17-year-old Brayan Villatoro on Sept. 18, 2021, on the 1300 block of Nicholson Street, NW.

The prosecution called the Metropolitan Police Department’s (MPD) lead detective on this case to testify about records obtained from Rezene and Villatoro’s cell phones. The detective explained that direct messages on Instagram revealed that Rezene had lost his cell phone, and gotten a new number. In direct messages between Rezene and Villatoro, which were shown in open court, the two individuals were speaking about an alleged drug exchange.

In the exchanges, Rezene asks Villatoro if he has access to any weapons, while Villatoro allegedly asks Rezene about his drug supply. Rezene also asks Villatoro to swap one large weapon, in exchange for two handguns.

During cross-examination, Rezene’s defense attorney, Jonathan Zucker, questioned the detective about the night of the murder, and more specifically, the other people in the car with Villatoro that night.

According to Zucker, there were five other people in the van Villatoro drove the night of the murder. Further, Zucker pointed out that all of these individuals were interviewed by the detective except for one, and during these interviews none said they saw the shooting or anyone exit a suspect vehicle.

In addition, Zucker pointed out when gunshots went off, the van full of Villatoro’s friends immediately left without checking on him. He explained that instead of taking the fastest route possible, the van followed the suspect vehicle. “Doesn’t that seem unusual to you?” Zucker exclaimed to the detective. “It certainly doesn’t seem like they were fearful of anything”, he insisted.

Further, Zucker mentioned that in order to leave the area, the individuals in the van would have had to pass and notice “their friend laying dead”. The detective explained that these individuals claimed they hadn’t noticed Villatoro’s body, to which Zucker responded, “Do you believe them?”.

Also during cross-examination, Zucker argued the DNA recovered could not be confirmed as Rezene’s, and he was excluded from one shell casing as a match.

Then the prosecution called another MPD officer to explain an interaction he observed outside of the courtroom that occurred the previous week. The detective said while he was in the hallway, he observed a witness waiting to be called by the prosecutors respond with a smile and a nod to a “thumbs up” sign from one of Rezene’s supporters before testifying.

Once on the stand, the witness was uncooperative.

During cross-examination by Zucker the officer explained he had no knowledge outside of what he observed. Zucker specifically asked, “What were they talking about?” ; “Were they just greeting each other?”; and “Do you know what was meant by the gesture?”

This officer replied that he was unsure.

During the redirect, the prosecution asked why the officer brought the interaction to light? He explained that he did so because of transparency, and he “wanted them to be aware of what was going on.”

Parties are expected to reconvene Dec. 20.

Homicide Defendant Re-Sentenced to 12 Years Following Appeal

During a Dec. 18 hearing, DC Superior Court Judge Robert Okun sentenced a first-degree murder defendant to 12 years in prison.

Stanley Moghalu, 36, was charged with 9 counts, including first-degree murder while armed, assault with intent to kill while armed, and possession of a firearm during a crime of violence, for his involvement in the fatal shooting of 27-year-old Ronald Smith. The incident occured on Nov. 14, 2011, on the 1000 Block of 21st Street, NE.

Moghalu was originally sentenced to 75 years for his crimes, but the conviction was sent to the Court of Appeals for review. The appellate court concluded that if the defense had an opportunity to be more aggressive during their cross-examination, the jury likely would have reached a different conclusion.

As a result of the finding, an offer was extended by the prosecution for Moghalu to plead guilty to second-degree murder, in exchange for his sentence being reduced to 12 years.

The prosecution emphasized the Court of Appeals’ decision is the reason for offering the deal, and that they strongly oppose the ruling. They say the original sentence of 75 years was appropriate for the horrific nature of the crime, and that 12 years is especially inappropriate. The prosecution further explained that the family of the decedent has paid a “high price in terms of loss”.

Lastly, the prosecution said Moghalu was “receiving a lucky break”.

Moghalu’s attorney, Jonathan Zucker, encouraged the court to accept this plea, explaining that the principal shooter in this crime was not Moghalu, and that individual received an even lighter sentence than 12 years. He added that 12 years should be sufficient noting Moghalu has been incarcerated for the crime since 2015, and that this should count towards his sentence.

Then, Moghalu said he would like to get a second chance at life. Specifically saying, “I had a lot of time to reflect” and “I wanna do my part to be positive in the community”.

Judge Okun informed the court that he was accepting the plea to sentence Moghalu to 12 years, with five years of supervised release. The judge stated that he doesn’t want the plea to minimize what occurred, and that “what happened was pretty awful”.

Moghalu is also required to register as a gun offender upon release.

Judge Okun further told Moghalu, “You’re getting an opportunity” and “for your sake, for your family’s sake, and the community’s sake, I hope you make the most of this opportunity”.

No further dates are set in this case.

Suspect in Shooting After Nightclub Argument Gets Trial Date

In a hearing before DC Superior Judge Sean Staples on Dec. 20, shooting defendant Vann Allen, 25, received a trial date after earlier rejecting a plea offer.

Allen is charged with aggravated assault while armed for his alleged involvement in a shooting incident near the Throw Social club on the 1400 block of Oakie Street, NE on Nov. 11. One man was seriously wounded from a bullet to the abdomen, and he was taken to Medstar Washington Hospital Center for treatment.

According to a report from the Metropolitan Police Department (MPD), the victim and his brother had just left the club when a physical argument broke out between the victim’s ex-girlfriend and a woman accompanying the victim. As the victim and his brother were walking away toward a parking garage, they were allegedly confronted by Allen who witnessed the fight.

In the police account, the victim called Allen a “bitch ass” and the pair exchanged words. That’s when Allen stepped back, pulled out a gun and allegedly fired one round striking the victim.

Witnesses flagged down responding officers and they arrested Allen for allegedly carrying a pistol without a license, unlawful possession of ammunition and possession of an unregistered firearm.

During their investigation police recovered a Glock 23 handgun.

While details of the rejected plea offer were not disclosed, Allen’s attorney Michelle Lockard texted D.C. Witness the proposal was rejected prior to the defendant’s preliminary hearing on Nov. 14. The US Attorney’s Office doesn’t confirm plea deals until they are formally accepted.

Meanwhile, Judge Staples set a trial date for the case of March 5, 2024

Judge Grants Homicide Defendant’s Motion for Competency Screening

On Dec. 12, DC Superior Court Judge Robert Okun granted a motion for a competency screening for a defendant in a stabbing case.

Lewis Jones, 27, is charged with first-degree murder while armed, felony murder and second-degree murder while armed, for his alleged involvement in the fatal stabbing of 42-year-old Anthony Jordan on Aug. 4, on the 2500 Block of Pomeroy Road, SE.

The defense requested the competency screening.

Jones is accused of stabbing, killing and disposing of Jordan with co defendant, Nichelle Thomas, 27. The two are alleged to have stabbed Jordan to death and disposed of his body in a dumpster, hiding it in a suitcase. An eyewitness watched the event and said the suitcase was, “dripping with blood.”

Thomas has been released from jail and is currently taking part in a 60 day rehabilitation program.

Probable cause was found for both defendants by Judge Okun on Oct. 17.

Jones will partake in the competency screening and parties will reconvene Jan. 20.

Judge Releases Homicide Defendant Despite Witnesses Worried for Their Safety

On Dec. 19, DC Superior Court Judge Anthony Epstein released a homicide defendant from DC Jail, despite prosecutor’s sharing witnesses’ written statements opposing it.

Jose Ramos, 36, is charged with second-degree murder while armed for his alleged involvement in the fatal beating of 58-year-old Eduardo Cruz on Jan. 25, 2022, on the 3700 block of Georgia Avenue, NW.

Rachel McCoy, Ramos’ defense attorney, motioned for Judge Epstein to release Ramos, arguing he has ample support in the community, has a job opportunity in construction, and can remain in home confinement otherwise.

Prosecutors opposed the request, arguing Ramos remains a danger to the community. They read statements from two witnesses, which stated their strong opposition to his release. Both mentioned their safety concerns, specifically stating they worry about retaliation if Ramos is released.

“I can hear the victim’s pleas for help to this day,” said one of the statements read in court. “I believe Ramos would be vengeful,” it continued.

The other witness stated they have had to completely restart their lives in that they don’t feel safe anywhere and feel the need to always be aware of their surroundings.

A representative from the Pretrial Services Agency (PSA) alerted Judge Epstein that the agency found Ramos eligible for release, stating they would follow any conditions that the judge implements.

Judge Epstein granted the motion for release, stating that Ramos has been enrolled in programs at the jail, and they have changed his security level from maximum to medium security. He argued he believed there were a combination of conditions that can ensure the safety of the community, and ensure Ramos’ success in his pretrial release.

He released Ramos to home confinement, with GPS monitoring and that he needs mandatory permission to leave for work. He’s also required to drug test, receive treatment if necessary, and stay away from the incident location and witnesses.

Parties are expected back for a trial readiness hearing on Aug. 2, 2024.

Homicide Defendant Sentenced to Eight Years

On Dec. 19, DC Superior Court Judge Milton Lee sentenced a homicide defendant to eight years for his involvement in a fatal shooting in 2019.

Diquan Lucas, 27, was originally charged with first-degree murder while armed, possession of a firearm during a crime of violence, first-degree burglary while armed, and unlawful possession of a firearm by a prior convict, for his involvement in the fatal shooting of 33-year-old Brian Butler. The incident occurred on Nov. 21, 2019, on the 2300 block of Ainger Place, SE.

On March 11, 2022, Lucas accepted a deal which required him to plead guilty to voluntary manslaughter while armed, in exchange for a dismissal of all other charges. Parties agreed on an eight year sentence.

Various of Butler’s family members gave impact statements, all of them sharing the same sentiment, the agreed upon eight year sentence is not enough for Lucas’ actions.

Butler’s niece stated “Do you know how it feels to be robbed of a loved one?”, adding that Butler had helped raise her and became her paternal figure following her father’s passing. According to his niece, Butler was enabled her to “transform from a caterpillar to a butterfly.”

His mom added “I feel that eight years is not enough, cause I can still feel the pain,” adding “[Lucas] needs to understand that life is not a game.”

All family members deemed Butler a “humble, caring, loving individual,” who reportedly left behind nine children. All of whom two of his kids’ mothers say, continue to struggle with the loss of their father. One of them stated her kids think Butler died from an illness, because she doesn’t want them to know he was senselessly killed.

Butler’s sister stated, “Today, every day, we live with the fact that my brother is gone and is never coming back,” and “to give Lucas eight years is insane. It’s crazy.” She added “he tortured me, your honor.”

Kevin Irving, Lucas’ defense attorney, stated Lucas heard Butler’s family, sees their pain, and takes it to the heart. According to Irving, Lucas accepted the plea deal to prevent the family from having to deal with a trial.

Irving requested Lucas be sentenced under the Youth Rehabilitation Act (YRA), which allows defendants, who committed a crime if they were younger than age 25, to have their convictions set aside. Irving argued Lucas deserves another opportunity.

Prosecutors opposed the YRA sentencing, citing the nature of the crime. They argued the only reason they agreed to the eight year sentence is because there is no surveillance footage that depicts the incident, furthermore,Lucas claimed self-defense, and Butler had a previous conviction for carrying a pistol without a license.

Prosecutors added they’re concerned about Lucas’ arrest history and previous convictions, which include juvenile incidents that were not discussed in open court.

“You can’t just kill someone, claim self defense, and get away with it,” exclaimed the prosecutor, adding, “There are consequences to your actions.”

In his statement to the court, Lucas apologized for the pain he inflicted on Butler’s family, stating “I know how it feels to lose someone you love,” adding “what you don’t see in the open is that I sat in jail for four years, and I lost so many people.”

Before imposing his sentence, Judge Lee told Lucas, “if you’re really remorseful, you’ll think of what to do to not put yourself in this situation again, and make another family deal with the pain the [Butler] family is dealing with.”

Judge Lee denied the request for the sentence to be categorized as a YRA sentence, stating “You are not a kid anymore.”

Judge Lee sentenced Lucas to eight years incarceration, five years of supervised release, and required him to register as a gun offender once he’s released from prison.

No further dates were set in this matter.

Jury Convicts Murder Defendant on All Charges

On Dec. 19, following a week-long deliberation, a jury found a homicide defendant guilty of all charges in front of DC Superior Court Judge Rainey Brandt.

Marquette Jordan, 32, was charged with second-degree murder while armed, assault, and carrying a dangerous weapon outside of a home or business with a prior felony, for his connection to the fatal stabbing of 48-year-old Ivan Lynch on April 30, 2018 at the 900 block of 5th Street, SE.

Throughout the trial the prosecution centered their case around two eyewitnesses who said they saw Jordan stab Lynch.

Prosecutors stated that, on the day of the murder, Lynch and his friend went to a barbeque for Lynch’s birthday. They then went back to his friend’s mother’s apartment, and on the way they stopped to pick up the aforementioned witness, her children, Jordan and Jordan’s friend.

According to prosecutors, an argument broke out between Jordan and Lynch on the drive over to the friend’s apartment.

Once at the apartment, Jordan became very angry and started berating his ex-partner, threatening to hurt her. Prosecutors argue that’s when Lynch stepped in, and a fight broke out between him and Jordan. The fight resulted in Jordan’s stabbing Lynch fatally, prosecutors said. The events were corroborated by two eyewitnesses who were in the apartment when the murder took place.

The pair, an ex-partner and a friend, both testified in court and gave similar stories.

Throughout the trial, the eyewitnesses’ testimony was refuted by the defense. However, prosecutors explained that, “if they wanted to lie, they would lie about everything.” They told the jury, “[the witnesses] are just telling you what they saw.”

Jordan’s defense attorney, Michael Bruckheim, rebutted the prosecution saying, “[the prosecutors] have failed to provide sufficient evidence to convict in this trial.”

Bruckheim also said, “If you have any doubts about [the witnesses’] testimony it should be rejected.” Bruckheim centered his argument around the two witnesses who identified Jordan as the killer.

Bruckheim, in his closing arguments, picked apart the testimony by Jordan’s ex-partner. He claimed the story she gave “makes no logical sense whatsoever.”

In her testimony the witness said she was so scared for her safety she ran out, leaving her children in the apartment. Bruckheim said, “You don’t leave your kids behind with a killer.” He also questioned how long it took her to return to the apartment to find her children, she said she fell asleep under a car returning later in the morning.

Following the conviction, a sentencing hearing was scheduled for March 1, 2024.

Document: Woman Killed in Northwest Stabbing

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a stabbing that killed a woman on Dec. 19 on the 1200 block of 11th Street, NW.

According to MPD documents, officers responded to the location for the report of a domestic disturbance, where they located a woman inside of a residence with stab wound injuries. She died at the scene.

The victim was identified as 31-year-old Reyna Garcia-Lopez.

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 committed in the District.

Document: MPD Investigating Officer Involved Shooting in Northwest

The Force Investigation Team at the Metropolitan Police Department’s (MPD) Internal Affairs Bureau is investigating an MPD officer involved shooting that occurred on Dec. 18 on the 900 block of F Street, NW.

According to MPD documents, officers working a proactive high visibility patrol detail attempted to conduct an investigatory stop on a man at the location. As officers exited their vehicle and attempted to stop the man, he took off running. Officers ran after the individual, and, while running, the man displayed a firearm.

One officer discharged a round, striking the individual. Medics were immediately called to the scene and officers provided medical aid until paramedics from DC Fire and Emergency Medical Services (EMS) arrived.

The man was identified as 27-year-old Corey Darnell Branch, and was transported to a local hospital for treatment of non-life-threatening injuries.

He was later arrested and charged with assault on a police officer, possession of a controlled substance, and six additional firearms related charges, including unlawful possession and carrying a pistol without a license.

The MPD member involved has been placed on administrative leave, and body-worn camera footage will be released.

Document: Man Killed in Southeast Shooting

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Dec. 18 on the 400 block of Brandywine Street, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a man inside of a residence with gunshot wound injuries. He died at the scene.

The victim’s identity is being withheld pending a positive identification and next of kin notification.

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 committed in the District.

Juvenile Sentenced to Restricted Commitment for Two Shooting Incidents

Despite a youth defendant pleading for another chance, DC Superior Court Judge Robert Salerno sentenced the juvenile to two years in the custody of the District’s Department of Youth and Rehabilitative Services (DYRS).

The action in a Dec. 15 hearing means the agency must detain the juvenile for the entire sentence.

“When young people make a decision to carry a firearm, people get hurt,” said Judge Salerno in a courtroom crowded with multi-generational members of the defendant’s family.

A key factor in the sentence, said the judge, was that the juvenile pleaded guilty to two shooting incidents. The judge continued saying “the only way to make [rehabilitation] happen is commitment.”

According to prosecutors, the defendant fired a gun into the air on Feb. 22, on the 2200 block of Savannah Terrace, SE. There were no reported injuries. Officers from the Metropolitan Police Department (MPD) were able to identify the juvenile as the shooter from surveillance footage.

Also, on June 9, the defendant fired at a vehicle on the 2200 block of Alabama Avenue, SE. The driver, a woman, suffered a life-threatening gunshot wound to her back. MPD officers identified the defendant as the shooter from a still-shot that was recovered from surveillance footage that depicted the incident.

He was arrested on Sept. 15 and charged with several counts, including assault with intent to kill.

He accepted a deal that required him to plead guilty to felony assault, two misdemeanor counts of possession of an unregistered firearm, two misdemeanor counts of possession of unregistered ammunition, and two misdemeanor counts of unlawful discharge of a firearm, for his involvement in both incidents. He is required to pay $1,200 in restitution for the June 9 incident.

In arguing for commitment, the prosecutor said the victim suffered lifelong physical and acute mental injuries including PTSD, flashbacks and abiding fear. An aggravating factor is that a small child was in the car and just missed the line of fire.

In the prosecution’s view, commitment until the youth’s nineteenth birthday would provide the kind of intensive help enabling the young man to “turn his life around.”

Speaking on the youth’s behalf, his attorney said his family is “deeply, deeply, deeply committed” to the boy. She described him as bright and enthusiastic in spite of a troubled childhood. The best path to recovery said his lawyer was to return the youth to school where he is doing well and provide adequate support services.

“He wants to show the court you can trust him,” said his lawyer.

Speaking on his own behalf, the juvenile said he was “so, so sorry.” He talked about plans to join the AirForce, start a business and pursue his musical passion. He added he wants to spend the holidays with his family.

After the judge’s ruling, one young woman sitting with the family was overcome with emotion and left the courtroom.

Judge Sentences Drive-By Shooting Defendant to 12 Years

On Dec. 19, DC Superior Court Judge Anthony Epstein sentenced an individual involved in a drive-by shooting and a stabbing attack at the DC Jail to 12 years incarceration.

Alvin Jackson, 29, was originally charged with conspiracy, three counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, and three counts of criminal street gang affiliation, for his involvement in a May 2, 2020 drive-by shooting that injured three individuals on the 5000 block of H Street, SE. Jackson was one of seven individuals charged in connection to the incident.

Prosecutors alleged Jackson is part of the Simple City Crew, which they argue is a criminal street gang and responsible for crimes throughout the District. Though Judge Epstein stated there is not sufficient evidence to prove his involvement in the crew.

Jackson was also charged with aggravated assault while armed for his involvement in a stabbing of another inmate at the DC Jail on Aug. 5, 2022, at the 1900 block of D Street, SE.

On April 20, Jackson accepted a plea deal for both cases, which required he plead guilty to one count of assault with intent to kill while armed for the shooting, and assault with a dangerous weapon for the stabbing case, in exchange for a dismissal of all other charges.

On June 11, Jackson filed a motion to withdraw his guilty plea, arguing his previous defense attorney failed to fully ensure he understood the plea.

Judge Epstein denied the motion through a written order, which states “the court denies [Jackson’s] motion to withdraw his guilty plea because he does not contend that he is innocent of the two crimes to which he pled guilty.”

During the sentencing, prosecutors and Steven Kiersh, Jackson’s defense attorney, stated they had no additional arguments to make, and requested the judge take their sentencing memorandums, which are not public, as their arguments.

Judge Epstein stated that a “drive-by shooting is a serious crime, and it may be a miracle that nobody died,” and that, although Jackson was not a shooter, he played a significant role in the conspiracy.

He continued that the pre-sentence report writer stated Jackson “expressed minimal remorse,” and that he could not fully understand what that meant.

Judge Epstein imposed a sentence of 120 months for the shooting and 24 months for the stabbing, which are required to be served consecutively for a total of 12 years. Jackson is also required to serve a supervised release term of five years, and register as a gun offender.

No further dates were set.

Homicide Defendant’s Mother Testifies in 2021 Murder Trial

On Dec. 18, more witness testimony, including from a murder defendant’s mother was presented before DC Superior Court Judge Robert Okun.

Mussye Rezene, 31, is charged with first-degree premeditated murder 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 death of 17-year-old Brayan Villatoro on Sep. 18, 2021, on the 1300 block of Nicholson Street, NW.

The prosecution questioned a Metropolitan Police Department (MPD) detective about the outfit worn by the suspect compared to Rezene’s attire. On the night of the murder, the person last seen with Villatoro on surveillance cameras was wearing gray jeans, a light colored top, and shoes with light colored laces.

In the surveillance footage, the suspect goes into an alley with Villatoro, and then eventually gunshots are fired.

According to the prosecution, Rezene’s appearance in social media posts after the crime matches the description of the suspect’s clothing including the type of shoe he was wearing.

Next, the prosecution called Rezene’s mother to offer specific identifications of her son. She also said she’s frequently in contact with her son over the phone.

Under cross-examination by Rezene’s attorney, Jonathan Zucker, Rezene’s mother explained that the phone number her son had in 2021 is the same as it has always been. She explained in limited English that she and Rezene have always been on the same phone plan, meaning she was well aware of his phone number and to her knowledge, this was the only number her son had ever had.

Following her testimony, Rezene’s mother asked permission to say hello to her son, going over and planting a kiss on his hand.

Lastly, the prosecution called up an MPD sergeant who was responsible for crime scene management the night of the murder. He explained there was a lot of physical evidence, such as shell casings from the shooting.

The prosecution asked if he found any weapons on Villatoro that night. The sergeant explained that he doesn’t recall finding one on the scene, but later learned Villatoro did, in fact, have a weapon on him at the time of his death.

Additionally, the sergeant said he did not see any cameras in the alleyway where Villatoro was shot. However, he saw tire tracks imprinted with blood. The sergeant explained that there had to have been a good amount of blood pooled on the ground for a long time, in order to stain tire tracks.

During cross-examination, Zucker, questioned the sergeant about the lighting in the alleyway. The sergeant said the alley was well lit, and is not considered to be a “dark alley”.

The parties are expected to reconvene Dec. 19.

Motion to Continue Trial Granted in First-Degree Homicide

On Dec. 14, DC Superior Court Judge Michael O’Keefe continued a jury trial date in a homicide case.

Rashon Hall, 27, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in connection to the murder of Joseph Simmons, 22, on Jan. 3, 2021, on the 2800 block of Alabama Avenue SE.

Dana Page, Hall’s defense attorney, requested a later trial date based on the prosecution’s delay in providing evidence developed in the discovery process. She explained the delay is “not fair to Hall” and informed Judge O’Keefe that the defense is “just asking for time.”

Prosecution argued that the discovery is “really not as much material as it seems” and that the trial date should not be pushed back.

Judge O’Keefe granted the motion to continue. Parties are expected back in January for a motions hearing.

Document: Man Killed in Northwest Shooting

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Dec. 18 on the 5400 block of Illinois Avenue, NW.

According to MPD documents, officers responded to the location, where they located a man with gunshot wound injuries. A private vehicle took him to a hospital, where he succumbed to his injuries.

The victim was identified as 27-year-old Jihad Darden.

MPD offers a reward to anyone that provides information that leads to the arrest and conviction of the person or persons responsible for each homicide committed in the District.

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