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Judge Pushes Convicted Shooter’s Sentencing Back

On March 25, a sentencing hearing was pushed back because a man, who was convicted of a non-fatal shooting was late to his court hearing. 

Marcus Morris, 27 , pleaded guilty to unlawful possession of a firearm with a prior conviction on Jan. 24. He was originally charged with unlawful possession of a firearm with a prior conviction, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, unlawful possession of ammunition, and unlawful entry of private property for a nonfatal shooting that occurred on the 100 block of Darrington Street, SW on April 18. 

Morris’s tardiness conflicted with counsels’ schedules, so both parties needed to reschedule his sentencing hearing. Morris, who is being held at the DC Jail, told DC Superior Court Judge Robert E Morin that he arrived late because his bus was late. 

According to court documents, officers from the Metropolitan Police Department (MPD) responded to sounds of gunshots in an alleyway, where they located Morris and another subject who tried to flee the scene.

Parties agreed to set a new full report and sentencing hearing for April 25. 

Non-Fatal Shooting Defendant Released on Personal Recognizance

On March 25,  DC Superior Court Judge Lynn Leibovitz continued the probation of a felon convicted of a non-fatal shooting.

In 2018 Cesar Morales, 29, was convicted and sentenced for assault with a dangerous weapon and possession of a firearm during a crime of violence, for his involvement in the non-fatal shooting on the 3300 block of 16th Street, NW on Aug. 25, 2017.

Judge Leibovitz outlined Morales’s recent legal entanglements, which included a new case in Maryland for traffic offenses and another in Fairfax for driving without a license. Despite these issues, Morales was noted to be following his probation requirements.

Judge Leibovitz decided to maintain Morales’s current probation status. She said she would like to see if probable cause would be found in the new cases.

Parties are slated to meet again on June 10 to discuss the status of Morales’s probation.

Judge Finds Homicide Defendant Competent to Stand Trial

On March 22, DC Superior Court Judge Michael O’Keefe found a homicide defendant competent to stand trial during a status hearing.

Joseph Melton, 54, is charged with first-degree murder while armed, assault with intent to kill, assault with a dangerous weapon, carrying a dangerous weapon outside a home or business, and possession of a prohibited weapon for his alleged involvement in a stabbing that claimed 48-year-old Kevin Chamberlain’s life. The incident occurred on Jan. 14, 2020, on the 700 block of 24th Street, NW. Melton is also charged with assault with intent to kill for his alleged involvement in a stabbing incident that injured one individual on Jan. 14, 2020, on the 800 block of Vermont Ave, NW.

Melton expressed interest in a plea agreement, which would lower his murder charge from first-degree murder while armed to second-degree murder while armed. Prosecutors also agreed to drop the assault with a deadly weapon and assault with intent to kill charges if Melton chose to accept the deal.

For the time being, Melton will remain at St. Elizabeth’s Hospital, DC’s psychiatric institution, until his next hearing despite being found competent.

Parties are set to reconvene for a status hearing on March 25 to give the prosecution time to provide paperwork for a plea agreement to defense counsel.

If a plea is not accepted, Melton’s jury trial is scheduled to begin on April 29. 

Judge Grants Request For Homicide Defendant to Be Evaluated By New Psychologist

On March 22, DC Superior Court Judge Michael O’Keefe heard arguments for the mental competency of a murder defendant.

Bobby Jordan, also known as Hilman Ray Jordan, 46, is charged with first-degree murder while armed, possession of a firearm during a crime of violence and carrying a pistol without a license in connection to the murder of Jawaid Bhutto, 64, on March 1, 2019, on the 2600 block of Wade Road, SE.

Dana Page, Jordan’s defense attorney, objected to further testing by an expert witness that the prosecutor used to evaluate Jordan in the past. She said the witness had racial biases, manipulated data, and was no longer being used by the prosecution as an expert witness.

Page requested that her own expert witness be permitted to evaluate her client for competency before he is to stand trial, which is expected to take place in early 2026.

Judge O’Keefe granted Page’s request, asking for an evaluation brief from the new psychologist to be prepared by mid-April.

Parties are set to reconvene in mid-July.

After Disrupting Hearing, A Convicted Felon Receives 11 Year Sentence

On March 22, a non-fatal shooting defendant was sentenced to 132 months of incarceration before DC Superior Court Judge Maribeth Raffinan. 

Dominic Copeland, 33, was convicted of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, and unlawful possession of a firearm for his involvement in a non-fatal shooting on the unit block of N Street NW, on April 26, 2019. One individual was injured during the incident. Copeland was acquitted of robbery while armed and one count of possession of a firearm.

During the sentencing hearing on March 22, the prosecution requested the maximum sentence for Copeland and said that Copeland had intent behind his actions. The prosecutor also began to address Copeland’s involvement in a previous case. 

However, Copeland interrupted the prosecutor with an angry outburst.

“The attorney keeps on saying fabrications,” Copeland said. “You’re still allowing him to insult my intelligence.”

Judge Raffinan reminded Copeland that he would get an opportunity to speak but would need to stay quiet while the prosecutor was speaking. 

After another outburst by Copeland, he was taken out of the courtroom, and Judge Raffinan ordered a temporary recess. This is not the first time Copeland has interrupted proceedings with an outburst. On Jan. 3, Judge Raffinan continued a sentencing hearing after Copeland had an angry outburst and was taken out of the courtroom. 

When the parties returned to court, the prosecution said that Copeland’s criminal history had been accumulating to a dangerous level. 

Copeland’s defense attorney, Michael Madden, requested the minimum sentence as Copeland has been struggling with mental health issues and would receive treatment during incarceration. Madden also said that Copeland has a support system he can return to after incarceration.

When Judge Raffinan gave Copeland an opportunity to speak, Copeland explained that he didn’t believe the verdict was fair and attributed the decision to prejudice and racism. 

“I really don’t understand how the jury came up with a guilty verdict,” Copeland said. “It’s laughable. I’m laughing inside.”

Judge Raffinan took into consideration Copeland’s criminal history and mental health issues. She sentenced Copeland to 11 years of incarceration and five years of supervised release. Copeland must also register as a gun offender. 

Judge Excuses Homicide Defendant Out of Courtroom 

A murder defendant was kicked out of a courtroom March 22 after continuously interrupting DC Superior Court Judge Michael O’Keefe during his case’s proceeding. 

Darryl Tompkins, 34, is charged with first-degree murder while armed for his alleged involvement in the deaths of 29-year-old Edward Roberts Jr. and 23-year-old Tyler McEachern. Roberts was fatally shot on the 3500 block of 14th Street, NW, on July 30, 2016. McEarchern was killed on the 3100 block of Buena Vista Terrace, SE, on Aug. 29, 2016. 

In the hearing, Tompkins, who is also known as Daryl Thompson, expressed his frustration, regarding the continuance of the case, to Judge O’Keefe. Tompskins attempted to give handwritten copies of his frustrations to the parties, but Judge O’Keefe rejected them. 

According to Tompkins defense attorneys, Dana Page and Pierce Suen, a mental health evaluation ruled he was competent. Page and Suen also expressed frustrations regarding the life-span of the case. 

Both parties agreed on having “up-to-date” competency evaluations for Tompkins. 

“All hearings like this go on for years,” Judge O’Keefe stated. “I’m frustrated too.”

Tompkins continuously interrupted Judge O’Keefe and counsel, so Judge O’Keefe instructed a court marshal to escort him out of the courtroom. 

Parties are slated to return on Sept. 9. 

Homicide Defendant Who Testified to Self Defense Acquitted of All Charges

On March 20, following a week-long trial, a homicide defendant was acquitted of all charges in DC Superior Court Judge Marisa Demeo’s courtroom.

Tierra Posey, 24, was charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business for her alleged involvement in the fatal shooting of 21-year-old Tia Carey on Jan. 6, 2020, at a gas station on the 3700 block of Minnesota Avenue, NE. 

While both parties agreed that Carey was the first aggressor as video surveillance showed, the prosecution attempted to prove Posey’s guilt by arguing that Posey had time to flee, so her use of a firearm was unnecessary.

“Did she need to use deadly force to repel Tia Carey?” the prosecutors asked during their closing argument. “The answer is unequivocally no.” Carey got into a fight with Posey when Carey caught her with her boyfriend.

The prosecutors also showed gas station video surveillance footage of the shooting and called various eyewitnesses to the stand, including the victim’s sister, boyfriend, and niece. 

However, Carey’s boyfriend was reluctant to answer many of the prosecutor’s questions, and the other witnesses made contradictory statements about Carey’s and their actions during the incident. One eyewitness testified that Carey only arrived at the gas station to confront her boyfriend, while another testified that Carey happened upon Posey and her boyfriend by surprise. None of the prosecution’s witnesses testified to hearing Carey threaten Posey’s life.

Posey’s defense attorneys, Kevann Gardner and Quiana Harris, pointed out these contradictory statements in their closing argument. 

During the trial, they presented evidence of Carey’s past arrests for domestic violence disputes, as well as calling an eyewitness to the stand that was unrelated to Carey. This eyewitness testified to hearing Carey make threatening statements to Posey during their physical altercation, but could not remember the specific words.

Most notably, Posey herself testified to her account of events and how she acted in self-defense. According to Posey, she had experienced a lot of gun violence in her past, and when she was attacked by a stranger who threatened her life, she reacted instantly.

“I was jumped, I was threatened,” Posey testified. “[Carey] said that she was going to kill me, and I believed it.”

Jury deliberations took less than a day, but ultimately, the panel of 12 acquitted Posey of all charges. Posey, who was already out on release, will remain in the community.

No further dates were set.

Homicide Defendant Accepts Wired Plea Deal

On March 21, a defendant pleaded guilty in a 2020 homicide case and a 2023 assault case before DC Superior Court Judge Rainey Brandt. 

Jermaine Harris, 22, was originally charged with first-degree murder while armed, two counts of assault with intent to kill while armed, and three counts of possession of a firearm during a crime of violence, among other charges, in connection to the death of 38-year-old Lamar Walters on the 2400 block of Franklin Street, NE, on Jan. 6, 2020. 

Court documents explain that Walters walked into the Washington Hospital Center suffering from multiple gunshot wounds on his body. He was later pronounced dead. 

Harris is also charged with four additional counts including conspiracy, assault with intent to kill, unlawful possession of contraband into a penal institution, and carrying a dangerous weapon for his involvement in the stabbing of another inmate while being held in DC Jail.  

In the wired plea deal with a co-defendant for the assault case, the prosecution offered Harris dismissal of greater remaining charges if he plead guilty to one count of voluntary manslaughter while armed for the shooting and one count of assault with intent to kill for the stabbing.

As a result of the plea, the parties agreed to a sentencing range of  seven-to-nine years of imprisonment, after which Harris will be required to register as a gun offender.  

The maximum sentence for both charges is 30 years imprisonment each.

Parties are slated to return June 13 for sentencing.

Homicide Defendant Remains on Pretrial Release Following Arraignment

In a March 22 hearing felony arraignment hearing, DC Superior Court Judge Robert Okun allowed a homicide defendant to remain on pretrial release despite alleged violations of his sobriety orders. 

Dwayne Fountain, 44, is charged with premeditated first-degree murder while armed, possession of a prohibited weapon, and carrying a dangerous weapon outside a home or business by a prior convict, for his alleged involvement in the fatal beating of 47-year-old Marcus Carey that occurred on May 4, 2023 on the 3500 block of Hayes Street, NE.

During the hearing, a representative from pretrial services informed the court that Fountain tested positive for Phencyclidine (PCP) on March 7, in violation of his pretrial release conditions. In response, Judge Okun ordered intensive outpatient treatment for the defendant. 

Fountain’s defense attorney, Jason Tulley, stated that Fountain was reasserting his plea of not guilty, and wants to go to trial. 

All parties stated their intention to set a date for trial at the next status hearing on April 26.