Judge Finds Probable Cause After Hearing of Gruesome injuries in Assault With Intent to Kill Case

On Dec. 12, DC Superior Court Judge Marisa Demeo found probable cause that a defendant was the perpetrator in a non-fatal shooting case.

Andrew Black, 50, is charged with assault with intent to kill, aggravated assault while armed, and two counts of possession of a firearm during a crime of violence, for his alleged involvement in a shooting that left an individual suffering from life-threatening injuries on Sept. 9. The incident occurred on the 4600 block of Connecticut Avenue, NW.

Before the preliminary hearing, prosecutors alerted Judge Demeo that they had a pre-preliminary hearing plea offer for Black, which required he plead guilty to aggravated assault while armed and carrying a pistol without a license. If he accepted, the prosecution would not seek an indictment, and if the victim succumbs to his injuries, they would not upgrade the charges to homicide.

Black rejected the plea deal and requested to go through with the preliminary hearing.

Prosecutors called a detective from the Metropolitan Police Department (MPD) to testify.

According to the detective, there is surveillance footage of the hours leading up to the shooting, the shooting, and when Emergency Medical Services (EMS) and police arrived at the scene.

Footage shows that in hours leading up to the incident, an individual identified as Black, an unnamed male identified as suspect two, and a woman were moving furniture into Black’s apartment. Black was seen wearing a purple shirt and dark pants.

Moments later, Black and the unnamed male leave the premises, and return not long afterwards in the same clothing.

A short time later, the victim arrives, gets out of his car, walks towards the entrance, holds the door open for a parcel carrier, and returns to the back side of his vehicle.

Black and the unnamed male exit the building, walk towards the victim’s vehicle, with a gun visible in Black’s right hand, and a muzzle flash and smoke are seen coming from Black’s standing location.

The victim then attempts to run away, and Black and his companion walk the opposite direction.

According to the detective, the victim, who remains in the hospital three months after the incident, sustained at least one gunshot wound to his abdomenal area, and has had extensive surgeries which include a partial removal of vital organs like the spleen and liver.

The detective also stated the victim’s physicians have claimed his expected life-span is only five years, and it is possible he will never be able to walk or leave the hospital again.

An image of the victim, taken by the detective in November, was displayed in court. The victim’s abdomen remains open, and he’s attached to machines that assist him to breathe and speak.

Black’s defense attorney, Quo Mieko Judkins, questioned the detective’s knowledge about an incident between a witness and the victim in the weeks leading up to the shooting. According to the detective, a witness who identified herself as Black’s stepmother told MPD that the victim and Black had never spoken to each other, but she knew Black was upset about the victim allegedly assaulting the witness two weeks before the shooting.

According to the witness, Black, in front of the victim, said, “I have my cousin, we can kill anyone”. The victim heard the statement and did not react.

Prosecutors argued Black’s statement, the close range shooting, and his animosity towards the victim show the intent to kill him. They requested Judge Demeo find probable cause, and continue to hold Black.

Judkins requested Judge Demeo not find probable cause, and requested Black be released on 24 hour home confinement, arguing he has a strong support system and a job.

Judge Demeo found probable cause for all charges, and denied the defense’s request for release, citing Black’s “clear record of dangerousness,” due to his lengthy conviction history, which includes multiple gun, malicious wounding, and assault charges.

Parties are slated to return March 1.

Details of Murder Revealed as Friends of Victim Testify

On Dec. 12, family members and friends of a victim testified in a 2021 murder trial conducted by 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 Villatoro’s sister for testimony. She said that her younger brother was a family person and regularly took care of her son when she was away. According to the sister, her brother had fallen in with a crowd that was a “bad influence.”

Rezene’s defense attorney, Jonathan Zucker, argued that Villatoro,”was running the streets.” Villatoro’s sister argued she was not aware of what her brother was doing.

Then Zucker showed the jury a picture of Villatoro posing with a firearm.

A friend who drove Villatoro to the murder location described the night of the murder saying he picked up Villatoro and four other who were going to a party in Maryland.

But Villatoro said he needed to buy Percocet’s, a prescription drug containing oxycodone, beforehand. The friend parked his car in an alley and Villatoro got out alone. Moments later they heard nearby gun shots and quickly drove away from the area. The friend said he called Villatoro multiple times but did not get an answer.

The friend said he did not know who Rezene was and had not seen him before.

In cross examination, Zucker cast doubt on the friend’s story because he was an admitted drug user which could have affected his memory. He also questioned the friend’s motives, arguing he immediately left the scene without checking on Villatoro. The friend said he was scared for Villatoro but also feared for his own life.

The prosecution called another friend of Villatoro’s who was in the car, but reluctant to testify. saying “if I don’t show up y’all come looking for me.”

Prosecutors showed text messages between the friend and Villatoro on the day of the murder. In the messages they discussed meeting. The witness texted Villatoro, “Do I bring the shells for Chico or naw?,” Villatoro responded, “Yea.”

Prosecutors questioned what Villatoro said in the car before he got out and the witness said, “He said he was about to meet Moose and would be right back.”

In cross examination, Zucker brought up numerous differences between the witness’ testimony in court and his previous testimony to the grand jury.

Zucker said, “How is anyone supposed to know when you’re telling the truth?” The witness responded, “I took the oath.”

The witness said he had heard the name Moose around the neighborhood, and that Moose was a local rapper and had seen him before. He also said that he knew Moose knew Villatoro.

In redirect, prosecutors questioned why the witness kept looking at Rezene throughout his testimony. He said, “I think I seen everyone.” He proceeded to say, “That’s moose,” gesturing towards Rezene.

Parties will reconvene Dec 13.

Probable Cause Ruling Delayed in Mother and Son Homicide Case

On Dec. 11, DC Superior Court Judge Rainey Brandt continued a homicide defendant’s preliminary hearing to review evidence before making a probable cause ruling.

Emerita Garcia, 45, is charged with first-degree murder while armed for her alleged involvement in the death of 27-year-old Larry Thomas on Aug. 24, on the 3600 block of 16th Street, NW.

Prosecutors argue Garcia aided and abetted her son, who is identified as Suspect-1 by the Metropolitan Police Department (MPD), by providing the gun used to kill Thomas, and ensuring he had a clear flight path following the shooting. He has yet to be arrested.

During the preliminary hearing, prosecutors called on MPD’s lead detective in Thomas’ homicide who said there are several surveillance videos that show the moments leading up to the shooting, and after the shooting.

In surveillance footage displayed in open court, Thomas and Garcia’s son can be seen outside an apartment building at the location interacting with one another. According to the lead detective, Garcia’s son can be seen yelling something towards his mom’s apartment.

Thomas tries to go into the building, but doesn’t have a key fob. Thomas walks away from the suspect, and Garcia appears at the door with a bag. Her son is seen removing an object from the bag, and begins walking in Thomas’ direction.

According to the detective, as Garcia’s son walks away, a gun is visible in his hand. Moments after her son walks in the direction of Thomas, Garcia follows behind and the first shot is visible in the footage.

The video does not show Thomas or the shooter, but a muzzle flash and the sound of a gunshot are observable. The detective said Thomas was shot two or three times, but that due to technical issues only the one shot was heard and seen.

Prosecutors claimed that Garcia created a clear flight path for her son, arguing that propping open a gate and a door with a moped and a bottle, which cannot be opened from the outside, shows she knew what was occurring and deliberately helped her son.

Jason Tulley, Garcia’s defense attorney, argued she did not have the intent to kill Thomas. Tulley claimed Garcia may not have been aware that the gun was in the bag she took to her son, and argued she was facing the other way when he removed it.

As for the prosecutor’s claim that Garcia secured a clear path for her son, Tulley argued the door to the building needs a key fob to go in, and she could have forgotten it and propped it open for herself. Likewise, for the gate, Tulley claimed the gate can’t be opened from the outside, and Garcia wanted to make sure she could get back home.

Following parties’ arguments, Judge Brandt requested additional time to review all evidence presented to the court.

Parties are slated to return Dec. 13 for a probable cause ruling.

Probable Cause Ruling Delayed in Homicide Case

On Dec. 11, DC Superior Court Judge Rainey Brandt continued a homicide defendant’s preliminary hearing to review evidence before making a probable cause ruling.

Emerita Garcia, 45, is charged with first-degree murder while armed for her alleged involvement in the death of 27-year-old Larry Thomas on Aug. 24, on the 3600 block of 16th Street, NW.

Prosecutors argue Garcia aided and abetted her son, who is identified as suspect-1 by the Metropolitan Police Department (MPD) by providing the gun used to kill Thomas, and ensuring he had a clear flight path following the shooting. He has yet to be arrested.

During the preliminary hearing, prosecutors called on MPD’s lead detective for Thomas’ homicide to narrate surveillance footage videos that show the moments leading up to the shooting, and after the shooting.

In the footage played in open court, Thomas and Garcia’s son are interacting outside an apartment building at the crime scene. According to the lead detective, Garcia’s son is yelling something unintelligible towards his mom’s apartment.

Thomas tries to go into the building, but is unable to without a key fob. He walks away from the suspect, and Garcia appears at the entrance with a bag. Her son is seen removing an object from the bag, and begins walking in Thomas’ direction.

According to the detective, as Garcia’s son walks away, a gun is visible in his hand. Moments after her son walks in Thomas’s direction Garcia follows behind and the first shot is visible. The video does not show Thomas or the shooter, but the video depicts a muzzle flash and the sound of a gunshot.

The detective said Thomas was shot two or three times, but due to issues with surveillance cameras only the one was recorded.

Prosecutors say Garcia created a clear flight path for her son, arguing she knew what she was doing when she propped open a gate locked from the outside with a moped and a bottle.

Jason Tulley, Garcia’s defense attorney, claimed she may have not been aware that the gun was in the bag she took to her son, and argued she was facing the other way when he removed the item from the bag.

As for the prosecutor’s claim that Garcia secured a clear path for her son, Tulley argued the door to the building is unlocked by a key fob, and she could’ve forgotten it and propped it open for herself. Likewise, for the locked exterior gate.

Following parties’ arguments, Judge Brandt requested additional time to review all evidence presented to the court.

Parties are slated to return Dec. 13 for a probable cause ruling.

More Witnesses Testify in 2021 Murder Trial

On Dec. 11, witnesses testified in a 2021 murder trial before DC Superior Court Judge Robert Okun.

Prosecutors called a Metropolitan Police Department(MPD) officer who testified he and other officers heard gunfire as he was leaving a police station. They ultimately found Villatoro fatally wounded.

The officer noticed dark red blood pooling around the victim, and Villatoro was pronounced dead at the scene. Prosecutors showed body worn camera footage of the officer detaining three individuals who were later released.

According to the officer he was instructed to retrieve surveillance camera footage from homes and businesses around the area but only found recordings of the sound of gunfire, and a car leaving the area.

Rezene’s defense attorney, Jonathan Zucker, said there was a blood stain on the pants of one the individuals who was detained but the officer said he was not aware if it was tested for DNA.

Next, prosecutors called the medical examiner who performed the autopsy. She explained Villatoro was shot eight times total, in the chest, arm and neck.

According to the medical examiner Villatoro was hit in the carotid artery in his neck and both lungs, those wounds being potentially lethal.

In cross examination, Zucker argued that there was no soot or powder tattooing on Villatoro’s corpse. The medical examiner agreed there was no way of knowing how close the shooter was to Villatoro.

Next, a crime scene technician was called for testimony about evidence at the scene including shell casings and bullet fragments as well as a bloody $50 bill that Villatoro was holding when he was murdered.

The prosecution showed photos of eight shell casings that were strewn up and down the alley where the murder took place. They also recovered a gun from Villatoro’s body.

According to the technician, the bullets used in the murder were .45 caliber and the gun in Villatoro’s possession was .40 caliber.

In cross examination, Zucker argued the shooter would have been approaching or walking away from the victim, based on the location of the shell casings. The technician said casings can bounce in many different ways, and there’s no way to know for sure how the shooter was moving during the homicide.

Parties will reconvene Dec. 12.

Manslaughter Defendant Sentenced After Plea to 10 Years in ‘Nefarious’ Stabbing

Cynthia Battle, 54 was sentenced to 10 years in prison for voluntary manslaughter in a hearing before DC Superior Court Judge Michael O’Keefe on Dec. 12.

Battle was originally charged with second-degree murder in the stabbing death of 59-year-old Raymond Johnson on Jan. 16 on the 1500 block of 19th Street, SE in an argument fueled by drugs and alcohol.

In September, Battle accepted a plea offer from the prosecution agreeing to the voluntary manslaughter charge.

During emotional proceedings, the victim’s sister addressed the court from a wheelchair saying, “What we don’t have anymore is my brother.” She said Johnson’s mother cried many tears because of her son’s death.

“No one should get away with a heinous crime, “ said the sister. She said Battle came to DC to buy crack cocaine.

Battle was arrested in North Carolina in March and extradited to the District.

“She certainly is not getting away and she will be punished today,” said Judge O’Keefe.

The prosecutor argued for the maximum sentence saying that Battle had already benefited from the plea agreement which reduced the charge from second-degree murder carrying a maximum penalty of 24 years in jail.

The goal of the sentence, she said, is “to serve the ends of justice and act as a deterrent.”

Johnson’s death, said the prosecutor, has “enveloped the family in darkness.”

To bolster its case, the prosecutor showed surveillance camera footage that captured the crime scene.

It shows an individual identified as Battle congregating with other people including Johnson under street lights around the intersection of 19th and Q Street, SE. As the interaction progresses, Battle walks across the street toward Johnson and strikes him with a “jab in the chest.”

This was an intentional crime in that there was “no heat of passion,” said the prosecutor.

Battle’s attorney, Kevin Mosley, read a statement to the court on his client’s behalf in which she apologized to the family and said she was “extremely remorseful” for her actions. Still, Battle acknowledged, there is no excuse for what happened.

However, Mosley says Battle felt disrespected and didn’t intend to kill Johnson, just “hurt him a little”—put him in his place.

She said her nine months in jail had strengthened her character and, “I’m not the person I was at the time of my arrest.”

Battle claimed during the incident she was suffering from bipolar disorder and experiencing severe psychosis. Now however, she knows how to control the disease and will stay away from drugs.

The prosecutor said the facts show otherwise in that Battle denied her illness and didn’t

take medications to control her condition.

In passing the 120 month sentence, the maximum allowed under the guidelines, Judge O’Keefe noted, “Stabbing someone in the chest is in the more nefarious range of conduct”

In addition to jail time Battle will have to pay $100 to the Victims of Violent Crime Fund and be on supervised parole for five years when she’s released.

Document: 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’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.

Document: Two Men Killed in Northeast Shooting

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed two men on Dec. 12 on the 2300 block of 4th Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located two men in the roadway with gunshot wound injuries. They died at the scene.

The victims have been identified as 28-year-old Octavio Quintano and 35-year-old Osmine Quintano.

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: Man Dies After Traffic Crash

The Metropolitan Police Department’s (MPD) Major Crash Investigations Unit is investigating a traffic incident that killed a man on Oct. 3 on the on the 3700 block of Ely Place, SE.

According to MPD documents, a Nissan Rogue driven by a man was traveling eastbound at the location, when it struck a parked vehicle causing it to roll over. DC Fire and Emergency Medical Services responded to the scene and transported the driver to a local hospital for treatment.

On Nov. 20, while still under medical care at the hospital, the driver died.

The Office of the Chief Medical Examiner determined the cause of death was due to medical complications sustained from the injuries sustained in the crash.

The driver was identified as 64-year-old Steven Padgett.

Anyone who has knowledge of the incident should call MPD.

Document: 85-Year-Old Man Arrested After Killing

The Metropolitan Police Department (MPD) announced an arrest has been made in connection to the death of an 81-year-old woman on Dec. 10 on the 1300 block of Corcoran Street, NW.

According to MPD documents, officers responded to the location for the report of a stabbing, where they located a woman in an apartment with injuries. A man was also located in the residence with self-inflicted injuries. They were transported to local hospitals, where the woman succumbed to her injuries.

The victim was identified as 81-year-old Sharron Hilda Schwartz.

MPD arrested and charged 85-year-old Steven Schwartz with second-degree murder while armed.

Homicide Defendant Waives Rights to Independently Test DNA Evidence

On Dec. 11, a homicide defendant alerted DC Superior Court Judge Rainey Brandt that he waives his rights to independently test DNA evidence recovered from a crime scene.

Karlos Bibb, 23, is charged with second-degree murder for his alleged involvement in a high-speed car chase that led to the death of 20-year-old Jamya Williams at the intersection of 14th and K Street, NW, on July 3, 2021.

Prosecutors alerted Judge Brandt that they had 39 items recovered from the scene, including four vehicles, swabs of a substance believed to be blood, and a buccal or mouth swab from Bibb, which was taken in connection to another case.

Bibb notified Brandt he waived his rights to test the evidence.

A trial readiness hearing was scheduled for March 1, 2024.

Homicide Defendant Rejects Plea Offer

On Dec. 11, a homicide defendant rejected a plea offer extended by prosecutors in front of DC Superior Court Judge Rainey Brandt.

David Peña, 47, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 24-year-old Maurice Robinson on June 12, on the 2900 block of Southern Avenue, SE. On June 13, Robinson succumbed to his injuries at a local hospital.

According to documents from the Metropolitan Police Department (MPD), which were adopted as testimony by a detective in an Aug. 16 hearing, the shooting was a result of a “street-brawl” that ensued when one group showed up at the crime scene allegedly looking to start a fight with Peña’s family member. The two groups were seen fighting one another.

Prosecutors alerted Judge Brandt they had extended an offer in August, which would require Peña plead guilty to one count of voluntary manslaughter while armed in exchange for the prosecutors not seeking an indictment.

Dana Page, Peña’s defense attorney, alerted the court he would be rejecting the plea offer, but is not opposed to continuing negotiations.

Parties are slated to return Jan. 26, 2024.

Shooter Violates DC Probation, Arrested on Maryland Murder Charges

Alli Diabi, 21, failed to appear for a probation hearing before DC Superior Court Judge Maribeth Raffinan on Dec. 11, because he was arrested on second degree murder charges in Montgomery County, Maryland.

Diabi was originally charged with assault with intent to kill and possession of a firearm in connection to an incident on Chancellors Way, NE on Jan. 12, 2022. According to a report from the Metropolitan Police Department (MDP) Diambi was involved in a drug deal that turned into a robbery. In the police account, a witness says Diambi shot his victim twice, once in the arm, the other bullet hit the shoulder.

Police were alerted when the victim showed up at Howard University Hospital for treatment of gunshot wounds. An x-ray of his shoulder wound shows the bullet can’t be removed without risking paralysis. Leaving a bullet in place can lead to a number of serious medical and emotional consequences for survivors, including lead poisoning according to research in the National Library of Medicine database.

According to documents from the DC Superior Court, Diabi accepted a plea offer on Sept. 1, 2022 for the lesser charge of assault with significant bodily injury as well as one-count of carrying a pistol without a license.

In return Diambi was sentenced to 12 months and one day for each count to be served concurrently. He was given credit for time served and put on probation under the Youth Rehabilitation Act which partially shields information about a past conviction.

In Monday’s hearing Judge Raffinan noted that Diabi is in violation of his parole terms as of Dec. 6 in DC for non-compliance with drug testing.

Meanwhile, Diambi’s DC parole officer says he has overall been “barely compliant,” and that the suspect now stands accused of second-degree murder using a Glock handgun in Montgomery Country, Maryland where he is currently detained.

Going forward, the prosecution will argue for revocation of Diabi’s parole.

Judge Raffinan continued the probation show cause hearing until Jan. 3, 2024.

Document: Arrest Made in Southeast Stabbing

The Metropolitan Police Department (MPD) announced a woman was arrested in connection to a fatal stabbing that occurred on the 900 block of 5th Street, SE, on Dec. 5.

According to MPD documents, officers responded to the report of a stabbing at the location. They located an adult male victim suffering from stab wounds. He was transported to a local hospital, where he succumbed to his injuries on Dec. 9.

The victim was identified as 71-year-old Charmaine Smith.

On Dec. 5, 60-year-old Linda Archie was arrested and charged with assault with intent to kill. Detectives are working with the United States Attorney’s Office to upgrade the charges.

Document: Arrest Made in Southwest Shooting

The Metropolitan Police Department (MPD) announced an arrest has been made in connection to a shooting that killed a man on Aug. 1 on the unit block of Forrester Street, SW.

According to MPD documents, officers responded to the location for the sounds of gunshots, where they located an adult male shooting victim with no signs consistent with life.

The victim was identified as 26-year-old Darnell Gibson.

On Dec. 8, pursuant to an arrest warrant from DC Superior Court, 33-year-old Irv Duff Jr. was arrested and charged with first-degree murder while armed.

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