Defendant Pleads Not Guilty to Murder During Arraignment

On Dec. 14, a defendant pleaded not guilty in front of DC Superior Court Judge Robert Okun during a formal reading of the charges against him.

Malik Seltzer, 23, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged role in the killing of 37-year-old Paris Odemns on Sept. 15, 2021, on the 4000 Block of 1st Street, SE.

Seltzer pleaded not guilty on all counts during the arraignment.

According to the court documents, Seltzer was filmed by CCTV cameras on the day of the shooting wearing “distinctive shorts.” He then leaves a convenience store and interacts with Odemns.

The footage depicts the two together 11 minutes before the murder. Seltzer runs away from the location holding something close to his side.

Trial is slated to begin Jan. 29, 2024.

Shooting Defendant Rescinds Motion to Withdraw Guilty Plea

On Dec. 15, a shooting defendant alerted DC Superior Court Judge Michael O’Keefe that he was rescinding his request to withdraw his guilty plea.

Tyrone Hawkins, 22, was originally charged with assault with intent to kill while armed, assault with a dangerous weapon, possession of an unregistered firearm, among other charges, for his involvement in a non-fatal shooting that occurred on Sept. 23, 2021, on the 400 block of Valley Avenue SE. One individual sustained non-life-threatening injuries from the incident.

On Sept. 22, Hawkins accepted a deal which required him to plead guilty to assault with intent to kill and possession of a firearm during a crime of violence in exchange for dropping the rest of the charges.

On Nov. 13, Hawkins filed a motion to withdraw his plea, claiming he didn’t fully understand the plea, and arguing that his previous attorney did not adequately explain it to him.

Todd Baldwin, Hawkins’ new attorney, alerted the court he had been able to discuss the case and the plea with his client, and he had decided to rescind his request to withdraw the guilty plea.

Parties are slated to return March 1, 2024 for sentencing.

Shooting Defendant Sentenced to Two Years

On Dec. 15, DC Superior Court Judge Anthony Epstein sentenced a defendant to two years imprisonment for his connection to a shooting.

Kevon Robinson, 23, was originally charged with assault with intent to kill while armed for his involvement in a non-fatal shooting incident that left one individual suffering from non-life-threatening injuries. The incident occurred on May 25 on the 700 block of 20th Street, NE.

Video footage referenced in Metropolitan Police Department (MPD) documents indicates that Robinson and another individual were traveling toward the victim on bicycles, and got off when a car passed by.

According to court documents, the two individuals then noticed the victim, who had been talking briefly to the individuals in the car. Once they approached the victim, Robinson allegedly pulled out a firearm and fired multiple times, hitting the victim twice in the leg.

On July 21, Robinson accepted a plea deal which required him to plead guilty to assault with a dangerous weapon in exchange for the prosecution not seeking an indictment.

During the sentencing, prosecutors requested Judge Epstein sentence Robinson to 39 months of incarceration, arguing that surveillance footage shows him willingly shooting at the victim.

Johnathan Armstrong, Robinson’s defense attorney, argued Robinson perceived a danger from the vehicle near the victim. He argued that Robinson learned his lesson during his six month incarceration, claiming he “has had a sobering and hellish experience” at the DC Jail.

According to Armstrong, Robinson has demonstrated his ability to be successful in the community and on probation, and has substantial support in the community, including family support.

He requested Judge Epstein sentence Robinson to a short-split sentence of 12 months. According to the D.C. Sentencing Commission, a short-split is “ within the applicable prison range, suspends execution of all but six months or less (but not all) of it, and places the defendant on probation up to five years.”

Robinson told the court “I’m sorry for what I did to the victim,” and told Judge Epstein he’s ready to be a better person in the community.

Judge Epstein stated “this is a very serious crime,” citing the seven gunshots fired by Robinson at the victim, and argued that fear does not justify his actions, especially when “gun violence is ticking in our community now.”

Judge Epstein sentenced Robinson under the Youth Rehabilitation Act (YRA), which gives the court greater flexibility when sentencing defendants under the age of 25. If Robinson is successful with his sentencing requirements, his conviction will be set aside.

Armstrong voiced his opposition to the two year sentence, arguing he’s worried of the impact the time in prison will have on Robinson, claiming he’s worried he will deal with Post Traumatic Stress Disorder (PTSD).

“Lots of young men in our community experience similar things as [Robinson], but they don’t go shooting at someone seven or eight times,” said Judge Epstein.

“You did a bad thing that day, and the consequences should be the ones I said,” he stated.

Co-Defendants in Shooting Incident Accept Plea Offer

On Dec. 15, two non-fatal shooting co-defendants accepted plea offers extended by prosecutors in front of DC Superior Court Judge Michael O’Keefe.

Earl Robinson, 31, and Keith Robinson, 32, were originally charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of possession of a firearm during a crime of violence, among other charges, for their involvement in a non-fatal shooting incident, which left an individual suffering from life-threatening injuries and paralyzed. The incident occurred on Oct. 19, 2021, on the 3400 block of 13th Place, SE.

Prosecutors alerted the court they had extended a plea offer which required both defendants plead guilty to aggravated assault while armed, in exchange for a dismissal of all other charges. Prosecutors stated they will request a sentence between 60 and 90 months for Keith, and 72 and 120 months for Earl.

According to prosecutors, had the case gone to trial, they would have proved beyond a reasonable doubt that, on the day of the incident, the victim walked up to a group of individuals and after greeting everyone, Keith, Earl, and a third unnamed individual all shot at the victim in close range.

The Robinsons ran from the location, got in a vehicle, and attempted to flee, with officers stopping them shortly after the incident. During the stop, officers recovered two firearms which were reportedly used to shoot the victim. Both defendants agreed they did not act in self-defense, and committed the offenses voluntarily and on purpose.

According to the prosecutor, the victim is paralyzed from the waist down, and has endured extensive surgeries.

Parties are returning for a sentencing hearing on Feb. 23, 2024.

Homicide Co-Defendants Alert Court They’re Not Independently Testing DNA Evidence

On Dec. 15, two co-defendants in a homicide case alerted DC Superior Court Judge Michael O’Keefe they’re waiving their right to independently test DNA evidence recovered at the crime scene.

Deangelo Glover, 32, and Roland Wallace, 50, are charged with first-degree premeditated murder while armed and assault with intent to kill while armed, among other charges, for their alleged involvement in the fatal shooting of 32-year-old Tyrone Wright on Jan. 19, 2021, on the 3800 block of Hayes Street, NE.

Prosecutors alerted the court that they have not and do not intend to test any of the evidence recovered from the crime scene.

Glover and Wallace, through counsel, alerted the court they do not intend to test the evidence either.

Michael Bruckheim, Wallace’s defense attorney, requested his release conditions be modified so that he no longer checks in with the Pretrial Services Agency (PSA) weekly, but rather once a month.

Prosecutors opposed the request, stating that his conditions of release are at the lowest standard for an individual who is charged with committing the offenses he committed.

Judge O’Keefe partially granted the request, ordering Wallace to check in with PSA twice a month moving forward.

Parties are slated to return June 28, 2024.

Homicide Victim’s Brother Among Trial Witnesses

On Dec. 14, witnesses near the shooting and the victim’s brother testified in a 2021 murder trial in front of 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 the 1300 block of Nicholson Street, NW.

Prosecutors called a witness who lives near the location of the murder. The witness said she was in her bathroom and heard around five gunshots that night. She said after the shots she looked out of her window and saw three men running away from the scene.

Prosecutors showed a picture of three men who were detained by police near the shooting. The witness was shown the picture of the men, who were Hispanic, and said they were not the men she saw running from the shooting. Police later released the suspects. The witness said she believed the men were black but was not sure.

In cross examination, the witness said she did not see any of the men with a weapon.

Another witness who lived near the shooting also gave testimony. She was startled when she heard between seven and eight gunshots on the night of the murder. She went to her window and saw one person run and get into a dark blue or black sedan. She said she did not know the person’s race or gender.

In cross examination, the witness said she could not see the shooting and was not aware if the person she saw running was armed. She also said she did not know why the person was running.

Prosecutors then called Villatoro’s brother to testify.

The witness was clearly displeased with having to testify, saying, “I’m here because they came to get me.”

According to the brother, the night of the murder was hazy because he had been drinking. He said he had spoken to his brother that day, and had made plans for Villatoro to go to his house to drink. He told the court that his cousin, a witness who testified Dec. 12, called him and told him that the murder had happened.

Prosecutors showed his cell phone records from the night of the murder. The witness said he could not remember many of the phone calls he had made that day due to his drinking..

Prosecutors also brought up the witness’ Instagram records, which showed that an account linked to the witness, had made a video call to an account called “_moosetru”. Moose is an alleged nickname for Rezene. The witness denied that he made these calls.

During cross examination, the witness said he knew of Rezene from the neighborhood but was not friends with him.

Rezene’s defense attorney, Jonathan Zucker, showed a photo of the witness with his brother and various other men. Zucker pointed out a man in the picture holding a wad of cash, which he claimed was the same man who was in a picture with Villatoro when Villatoro was holding a weapon. The witness said he had never seen the man before.

Parties will reconvene Dec. 18.

Homicide Co-Defendants Waive Right to Independently Test DNA Evidence

On Dec. 15, homicide co-defendants waived their right to independently test DNA evidence recovered from a crime scene in front of DC Superior Court Judge Michael O’Keefe.

Maurice Williams, 20, and Seaun McDowney, 19, are charged with conspiracy, first-degree murder while armed, two counts of possession of a firearm during a crime of violence, and attempt to commit robbery while armed, for their alleged involvement in the fatal shooting of 20-year-old Marquette White on Jan. 21, 2022, on the 3800 block of Commodore Joshua Barney Drive, NE.

During the hearing, prosecutors alerted the court they had tested some evidence recovered from the scene, which were all connected to White’s DNA, and they do not intend to test any other evidence.

Williams and McDowney waived their rights to independently test DNA evidence.

Parties are slated to return Sept. 13, 2024.

Homicide Defendant Rejects Plea Offer

On Dec. 15, a homicide defendant rejected a plea offer extended by prosecutors in front of DC Superior Court Judge Michael O’Keefe.

Terrell Poe, 37, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and possession of a firearm by a prior convict, for his alleged involvement in the fatal shooting of 30-year-old Christopher Washington on Sept. 23, 2020, on the 400 block of Southern Avenue, SE.

During the hearing, prosecutors alerted Judge O’Keefe that they had extended an offer which required Poe plead guilty to second-degree murder while armed, in exchange for a dismissal of all other charges. Prosecutors agreed to cap their sentencing request to a range of 14 to 17 years.

Poe, through his counsel Marnitta King, alerted the court he was rejecting the offer and was ready for trial.

His trial is scheduled for Feb. 5, 2024.

Lawyers Representing 76 Clients Want More Information About ‘Fair’ Jury Selection During COVID

The question of how much information about DC jury selection is enough was heatedly debated before DC Superior Court Judge Marisa Demeo in a Dec. 15 hearing.

“There is a severe and desperate underrepresentation of black people” on DC juries, said Jason Tulley, the lead lawyer in a case that pits the DC Public Defenders Service against the DC Superior Court that manages the jury selection process.

In response, DC Assistant Attorney General Richard Sobiecki denied “the idea there is a conspiracy to suppress black juries.”

An underlying question is whether a disparity in itself is unconstitutional. According to Sobiecki, the answer is no. Tulley, meanwhile, emphatically says the question is significant.

Judge Demeo told the parties that they will have adequate opportunity to present their “passionate arguments” as the lengthy litigation unfolds.

The resolution could affect the outcomes of 76 cases the DC Public Defenders Service says may have been adversely affected during COVID because those jury panels weren’t racially balanced. The argument is that since nearly half of the DC population is black, juries should reflect that.

The Sixth Amendment to the Constitution guarantees juries should fairly reflect the community. If the Public Defenders prevail all of the convictions in the consolidated COVID cases could be overturned.

During the proceeding, Judge Demeo painstakingly ruled on some 22 “interrogatories” the Public Defenders want answered. Some of the key issues include the response rate for jury summonses, the racial make-up of the jury master list the District uses to develop jury pools and whether the list was properly updated in 2022 as the pandemic continued.

For many of the questions, Judge Demeo agreed the District had done enough.

“We’re not hiding the ball,” said Sobiecki. Adding later, “We were not envisioning we’d be involved in this litigation.” Sobiecki said repeatedly he has responded with the requested information and that the matter should have been concluded.

Tulley pointed out the disparity issue continues in that there were instances when only 14.8 percent of black people were vetted for jury participation.

Judge Demeo set the next hearing for pending motions on Jan. 25, 2024,

Homicide Defendant Withdraws Guilty Plea

On Dec. 14, DC Superior Court Judge Rainey Brandt granted a homicide defendant’s motion to withdraw a guilty plea.

Niko Hall, 32, was originally charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, and carrying a pistol without a license, for his involvement in the fatal shooting of 25-year-old Anthony Lee on Sept. 26, 2020, on the 2900 block of Martin Luther King Jr. Avenue, SE.

On Oct. 3, in what was supposed to be the beginning of his trial, Hall accepted a plea offer that required he plead guilty to second-degree murder while armed in exchange for a dismissal of all other charges.

On Oct. 23, Judge Brandt received a report from Court Services and Offender Supervision Agency (CSOSA) which stated that, during his pre-sentencing report interview, Hall was not interested in participating because he wanted to withdraw his guilty plea.

During the hearing, prosecutors opposed Hall’s desire to withdraw his guilty plea, stating that it would be a prejudice to the prosecution due to his last minute acceptance during his trial. They argued it would be unfair to them because they had already prepared for trial and were ready to proceed when he decided to plead guilty.

Judge Brandt granted the motion, arguing that Hall’s prior attorney seemed to influence his decision making, stating she went back and forth with him the morning of trial until he finally came to a decision.

A trial date was set for Dec. 2, 2024.

Parties are slated to return on Feb. 2, 2024 for a status hearing.

Judge Denies Homicide Defendant’s Request for Release

On Dec. 14, DC Superior Court Judge Rainey Brandt denied a homicide defendant’s request for release.

Asani Forte, 26, was originally charged with accessory after the fact for his alleged involvement in assisting 23-year-old Tre’Quan Nelson and 26-year-old Demonte Gibson with their alleged involvement in the fatal shooting of 34-year-old Delonte King on Nov. 3, 2021, on the 2800 block of 14th Street, NW. One other individual sustained life-threatening injuries.

Forte, Nelson, and Gibson were all indicted with conspiracy, first-degree murder while armed, and assault with intent to kill, among other charges, for their alleged involvement in the incident.

Prosecutors called the Metropolitan Police Department’s (MPD) lead detective for the incident to testify. According to the detective, Forte, who identified himself to the detective in surveillance footage that displays him moments after the shooting, helped plan the shooting and guided Nelson and Gibson on what to do.

In surveillance footage shown in court, Forte is seen walking behind two individuals who were identified as Nelson and Gibson on their way to the shooting. During the crime, Forte hid behind a pillar, and yelled “stay, stay, stay, go the other way,” as a marked cruiser made their way to the scene following the shots fired.

Forte is also alleged to have picked up a coat belonging to one of the shooters, and met them at an apartment building, where he’s alleged to have helped them dispose of masks and other items used to prevent their identification.

Susan Ellis, Forte’s defense attorney, argued he was at most an accessory after the fact, claiming he never possessed a firearm and is not believed to be one of the shooters.

However, prosecutors claim that he facilitated their participation in the shooting, guiding them on what to do while they hunted down King, and ensuring they had a clear flight path and ways to dispose incriminating evidence once the shooting was over. They stated that, because of his participation, he remains a danger to the community.

Ellis argued otherwise, stating that Forte has strong family ties in the community and was in the midst of interviewing for jobs when Judge Brandt detained him following the indictment. She argued that had he been an important member of the conspiracy, he would have been arrested earlier than February 2023, as his co-defendants were.

Judge Brandt agreed with the prosecution that he remains a danger to the community, and ordered he continue to be detained as he awaits further proceedings.

Parties are slated to return March 8, 2024.

A Mother’s View

Last week I sat through a conference focused on shootings in the United States. It was held by the Center for American Progress and featured, over several days, mothers of victims killed by gunfire.

For almost six years, I have been the managing editor at American Witness, supervising writers, editors and other staff as they have worked to provide better transparency of criminal justice surrounding homicide and non-fatal shooting incidents in Washington, DC and Baltimore, Md. My heart has always been connected to the families of the victims, but this year, as a new mother, the stories each mother told hit closer to home.

All I could do, while listening to their stories, memories, was think about my infant. At one point it was hard to breathe because of this sudden sense of worry and anxiety that swept over me. I don’t know how these mothers have continued to be so strong and deal with so much anguish.

The scariest thing of all, listening to these mother’s stories, hearing how they lost their children, was that the focus of violence has turned into a political talking point, used by politicians to divert focus away from the severity of the crimes that are occurring on our streets.

As of December 13, there have been 262 homicides in DC, 52 more than the same time last year. Even though homicides in Baltimore decreased from 330 in 2022 to 244 homicides in 2023. The overall perception remains that the city is a very violent place where people, especially juveniles are not being held accountable.

This year, in DC, 26 individuals under the age of 18 died from fatal shootings. In Baltimore, a city that has seen a decrease in homicides, as of December 13, 131 youth have been shot with 16 dying. The incidents show an ever present gun culture on our streets.

And low conviction rates aren’t helping to reduce that culture. According to Baltimore Witness data, only 63 murder suspects have been arrested in 2023 as of December 13.

And the follow through in court is even more staggering. Thus far in 2023, 139 cases received a guilty verdict by plea or jury trial in DC and 247 in Baltimore. This is out of the more than 3400 cases in DC and nearly 1500 cases in Baltimore.

Just as those mothers show, the world doesn’t make sense without my child. And just like those mothers, I have to acknowledge that I can’t protect her forever. She will start to walk, need to go to school to learn, and be exposed to a culture outside of our home. My work has always felt important but now even more so. Now I feel an urgency, that the evidence-based transparency we bring, has to help change the gun culture defining our streets. As a new mother, it has to.

Document: Decedent Identified Man Killed in Northwest Shooting

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Dec. 12 on the 1400 block of Buchanan Street, NW.

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

The victim was identified as 49-year-old Neil Clark.

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.

Judge Grants Partial Request to Turn Over Evidence in a Cold Murder Case

Under an order filed Dec.14 by DC Superior Court Judge Anthony Epstein the prosecution must turn over much of the potentially exculpatory evidence the defense wanted in a long-delayed murder case.

Kavon Young, 33, is accused of first-degree murder while armed during a robbery at a cookout on July 3, 2010. According to a report from the Metropolitan Police Department (MPD), Young was one of three-to-five suspects that swooped down on the pre-holiday event on the 3200 block of Nelson Place, SE, pistol-whipping at least one victim and demanding money from others.

As the struggle unfolded, police say that Young shot John Purnell, 66, multiple times even though he may not have been the intended target.

Acknowledging in his ruling that ,”The murder occurred in 2010, making the trail cold”, Judge Epstein said prosecutors must turn over any remaining evidence regarding fingerprints, firearms used in the crime, and a stolen vehicle that was recovered.

Judge Epstein also concluded, ”If the government has any additional documents containing the tracking data it previously provided, it should provide it as soon as practicable.”

More broadly, Judge Epstein’s ruling opens the door for a review of evidence in the case.

“Although Mr. Young did not explicitly make this argument his motion, the argument in his reply that deficiencies in a police investigation can create a reasonable doubt is correct,” opined Judge Epstein.

“Even if the police did not list or otherwise document the investigative steps that were not done or forgotten, Mr. Young appears to have a right to this information,” writes Judge Epstein and the prosecution should turn it over as soon as possible.

The ruling denied defense requests to have more information about witnesses and only allows the release of redacted information that isn’t identifiable.

In court proceedings on Thursday, Young’s defense team renewed the request for additional material that they believe could exonerate Young saying they are “at the prosecution’s mercy.”

Judge Epstein set the next hearing in this case for Jan. 8, 2024 during which expert witnesses for both parties are expected to testify for two days.

Homicide Defendant Waives Right to Preliminary Hearing and Pleads Guilty

On Dec. 13, a homicide defendant waived his right to a preliminary hearing and accepted a plea agreement extended by prosecutors in DC Superior Court Judge Rainey Brandt‘s courtroom.

David Botchway, 20, was originally charged with second-degree murder while armed for his involvement in the fatal shooting of 19-year-old Andre Baker on Aug. 5, on the 1200 block of U Street, NW.

During the hearing, Kevin Mosley, Botchway’s defense attorney, alerted the court he was waiving his right to a preliminary hearing and accepting a plea offer.

According to Mosley, the offer required Botchway plead guilty to second-degree murder while armed in exchange for the prosecution not seeking an indictment in the case. Parties agreed to a sentencing range between 16-and-20 years imprisonment, with five years of supervised release.

Judge Brandt reminded Botchway that in the District there is a maximum sentence of 40 years for second-degree murder.

Prosecutors argued that, had the case gone to trial, they would’ve proved beyond a reasonable doubt that on the day of the incident Botchway shot and killed Baker by shooting him in the head and torso. According to the prosecutor, Baker and two friends, one with whom he was arguing, were at a bus stop on U Street when Botchway approached them and shot Baker.

Officers with the Metropolitan Police Department (MPD) saw the suspect run away from the area of the incident, and engaged in a foot chase with Botchway. He was arrested shortly after, and a gun was recovered in his possession.

According to the prosecutors, the shooting was unprovoked, and Botchway did so with malice and conscious disregard for Baker’s life.

Botchway agreed to the proffer, but argued that the backstory leading to the incident was not discussed. There were no further representations on the backstory.

A sentencing hearing is scheduled for March 8, 2024.

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