Homicide Defendant in Two Cases Asserts Right to DNA Testing

On March 19, a homicide defendant asserted his right to independent DNA testing before DC Superior Court Judge Robert Okun.

Mark Price, 29, is one of ten defendants charged with conspiracy, first-degree murder while armed, five counts of assault with intent to kill while armed, seven counts of possession of a firearm during a crime of violence and seven counts of criminal street gang affiliation, among other charges, for his alleged involvement in the drive-by shooting of 10-year old Makiyah Wilson. The incident occurred on July 16, 2018 on the 300 block of 53rd Street, NE. Four other individuals sustained gunshot injuries during the incident.

Price is also charged with first-degree murder while armed, four counts of possession of a firearm during a crime of violence and two counts of assault with intent to kill, among other charges, for his alleged involvement in the fatal shooting of 47-year-old Andre Young. The incident occurred on July 30, 2018 on the 1500 block of 19th Street, SE. One other individual suffered non-life threatening injuries.

According to court documents, the shootings are not related to one another.

Last Nov. 27, Price requested new counsel for the Wilson case, but not for the Young case, a change which Judge Okun denied. In January, Price sent a letter to the Chief Judge requesting new counsel for undisclosed reasons.

After a private discussion between Judge Okun, Price, and Price’s defense attorneys, Megan Allburn and Gemma Stevens the judge announced rather than requesting new counsel, Price would like to conduct independent DNA testing of a glove found in a vehicle connected to the Wilson case.

The prosecution had no objections to this request.

Parties are slated to return May 3.

Document: MPD Arrests Three Men for January Homicide

The Metropolitan Police Department (MPD) announced three men were arrested in connection to a fatal shooting that occurred on Jan. 23 on the 3000 block of Martin Luther King Jr. Avenue, SE.

According to MPD documents, officers responded to the location for the report of a shooting. When they arrived, they located 59-year-old Raymond Ballard inside a business with gunshot wound injuries. He was transported to a local hospital where he died from his injuries.

On March 18, pursuant to an arrest warrant from the DC Superior Court, 18-year-old Steven Metts, 19-year-old Jovontae Wallace, and 21-year-old Keondre Carroll were arrested and charged with first-degree murder while armed.

Defense Attorney Alleges Prosecutors Hid Evidence in 2020 Homicide Case

On March 15, a homicide defendant’s attorney argued that her client should be released, alleging that the prosecution withheld exculpatory evidence for years, in a pretrial detention hearing before DC Superior Court Judge Robert Okun.

Ernest Cleveland, 30, is charged with first-degree murder while armed, assault with intent to kill while armed, and aggravated assault knowingly while armed, among other charges, for his alleged involvement in the death of 39-year-old Edward Pearson on Nov. 26, 2020, on the 2900 block of Connecticut Avenue, NW. Another individual sustained non-life-threatening injuries from the incident.

Madalyn Harvey, Cleveland’s defense attorney, asserted that Cleveland might never have been indicted if the full facts in his case had been known earlier. She argued that the weakness of the case against him should be grounds for releasing him on bail.

Harvey alleged that the prosecution hid evidence that suggested the key witness in their case was the true perpetrator. According to Harvey, the prosecution denied having evidence that the witness had threatened Pearson the night before his death, even though they had phone records to corroborate the story. Harvey also claimed that the prosecution concealed from the grand jury multiple reasons to distrust the testimony of this witness.

A Metropolitan Police Department (MPD) officer investigating Pearson’s murder was “complicit” with the prosecution in “hiding Brady material [ exculpatory evidence] for years,” Harvey said.

Harvey alleged that the officer chose not to pursue lines of investigation that might have exonerated Cleveland, and that he responded to Harvey’s questions with evasions and lies. The officer “is not just biased–he is dishonest,” Harvey stated.

The prosecution argued that Cleveland should remain in custody because he is a danger to the community, based on his pleading guilty to robbery charges in Maryland, and based on his outstanding charges, including assault with a dangerous weapon, in another case pending trial in DC in July.

The prosecution requested time to respond in writing to Harvey’s claims of misconduct, objecting that some of her allegations were “personal.”

Judge Okun gave the prosecution until April 15 to submit their response, stating that he will write his own response after considering theirs.

The next hearing is set for June 7.

Shooting Defendant Rejects Plea Deal

On March 18, a non-fatal shooting defendant rejected a plea offer extended by prosecutors before DC Superior Court Judge Andrea Hertzfeld.

Angela Milhouse, 58, is charged with assault with a dangerous weapon, carrying a pistol without a license outside a home or business, possessing a firearm during a crime of violence, and unlawful discharge of a firearm, for her alleged involvement in a shooting incident that occurred on October 6, 2023, on the 5000 block of Astor Place, SE. No injuries were reported.

According to court documents, Milhouse allegedly shot at a sliding glass door of an apartment’s balcony, causing it to shatter. The complainant stated that she wasn’t home when her sliding glass door was damaged, but she returned in response to a phone call from her fiance. He told police that he had heard a gunshot while seated in the living room, then the sliding glass door broke.

The complainant stated that, on her way back to the apartment, she observed a car she believed to belong to Milhouse, whom she had known for years. The complainant said that Milhouse allegedly exited the driver seat of the vehicle, saying, “ B***h you got me wrong,” before assaulting her.

The prosecution made their plea offer on Feb. 5. Milhouse’s previous defense attorney, Alvin Thomas, requested a two-week continuance to discuss the agreement with her, as she was confused about the conditions.

According to the prosecution, the offer would have required Milhouse to plead guilty to one count of assault with a deadly weapon and one count of carrying a pistol without a license. In exchange, the prosecution would decline to indict Milhouse for any charges related to this incident, and neither side would have made requests regarding sentencing.

Milhouse’s new attorney, Ferguson Evans, informed Judge Hertzfeld that Milhouse declined the plea offer and requested a trial date to be scheduled.

Parties are set to reconvene April 5 for a status hearing.

Non-Fatal Shooting Defendant Waives Right to Test DNA Evidence

On March 15, a non-fatal shooting defendant waived his right to conduct DNA testing on physical evidence before DC Superior Court Judge Robert Okun.

Anthony Coleman, 32, is 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 his alleged involvement in a non-fatal shooting incident that occurred on Dec. 7, 2022, on the 100 block of Galveston Place, SW. One individual sustained non-life-threatening injuries from the incident.

The prosecution provided the defense with all discovery related to collected evidence. According to the prosecution, they have not conducted any DNA testing and they do not plan to.

Likewise, Alvin Thomas, Coleman’s defense attorney, alerted the court he was waiving his right to test the evidence.

A trial readiness hearing will take place on Nov. 1.

Homicide Defendant Accepts Plea Offer

On March 15, before DC Superior Court Robert Okun, a homicide defendant accepted a plea offer extended by the prosecution.

Raymond Avent, 24, is one of three individuals charged with conspiracy, first-degree murder while armed, and possession of a firearm during a crime of violence, among other charges, for his involvement in the fatal shooting of 23-year-old Rafiq Hawkins on March 23, 2019, on the 1200 Block of Brentwood, NE.

Elizabeth Weller, Avent’s defense attorney, alerted the court that Avent was accepting a plea offer extended by prosecutors, which required him to plead guilty to second-degree murder while armed and carrying a pistol without a license, in exchange for a dismissal of all other charges.

The offer also included the dismissal of a 2021 case, in which Avent was charged with one count of assault with intent to kill and one count of assault with a dangerous weapon, among other charges.

Through the plea offer, the parties agreed to a 16-year sentence.

The prosecution says that Avent’s remaining charges will be dismissed at the time of sentencing.

Judge Okun says he needs time to decide if he is going to accept the plea, however, he stated he is conditionally accepting the plea at this time.

Parties will reconvene for sentencing on June 14.

Case Acquitted: ‘Her Body Language Was Heating Up,’ Says Witness During Homicide Testimony

Tierra Posey was acquitted of all charges on March 20, 2024.

On March 15, three witnesses linked to a defendant in a 2020 homicide case testified in front of a jury in DC Superior Court Judge Marisa Demeo’s courtroom.

Tierra Posey, 24, is 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.

According to court documents, a physical altercation allegedly occurred between Posey and Carey in which Posey allegedly produced a firearm and fired two shots. Carey was severely injured and, despite quick medical intervention, succumbed to her injuries.

Previous witness testimony claimed that Carey and Posey’s confrontation stemmed from Carey catching Posey with Carey’s boyfriend at the crime scene.

Prosecutors called Carey’s niece to the stand to explain what she saw at the scene of the crime.

The witness, who was 14 at the time of the shooting, began by explaining the nature of her relationship to Carey. She explained that she would see her “very often, almost every week.”.

She then testified that she observed an argument between Carey and Posey, in which it was clear “her [Carey’s] body language was heating up.” She explained that a fight broke out, after which she heard shots, ran to investigate, and found Carey on the ground with “blood on the back of her head.”

“It’s depressing,” said the witness, as she explained the difficulty she’s endured since the shooting. When asked by prosecutors if she wanted to be testifying, she said “No, because there’s too many people here.”

During her cross examination by Quiana Harris, one of Posey’s defense attorneys, the witness was asked if Carey was ever rough with others, to which she explained that she had never seen violent behavior of any type beyond “gentle taps.”

The prosecution also called a Metropolitan Police Department (MPD) homicide detective who described taking photographs of Posey following her arrest. The photos, which were displayed in court, showed cuts and bruises on Posey that were alleged to have occurred during the altercation between her and Carey leading up to the shooting.

When asked why such detailed photos were taken, the detective explained that “generally, we [detectives] take photos of injuries and clothing for identification purposes.”

The final witness, an employee of the US Attorney’s Office, began his testimony by explaining that as a litigation technology specialist, he was responsible for merging audio and video evidence together from multiple sources and angles at the crime scene.

During his testimony, surveillance camera and cell-phone videos were submitted as evidence, showing different angles of the shooting. The surveillance camera did not contain audio, hence the witness described synchronizing the audio from the cell-phone video to line up with the surveillance video.

When asked during cross-examination if he had any connection to the case, the witness replied “No, I do not know anybody involved personally.”

Parties are set to continue the trial on March 18.

Shooting Defendant Accepts Plea Deal

On March 15, a shooting defendant accepted a plea agreement extended by prosecutors in front of DC Superior Court Judge Marisa Demeo.

Damar Whitley, 46, also known as Delmar Whitley, was originally charged with assault with intent to kill while armed against a minor, two counts of assault with a dangerous weapon against a minor, and aggravated assault knowingly while armed against a minor, among other charges, for his alleged involvement in a non-fatal shooting that left a juvenile suffering from life-threatening injuries. The incident occurred on Aug. 31, 2022, on the 4700 block of Alabama Avenue, SE.

Stephen LoGerfo, Whitley’s defense attorney, alerted the court he was accepting the plea deal offered by prosecutors.

The deal required Whitley to plead guilty to assault with intent to kill while armed and possession of a firearm during a crime of violence, in exchange for a dismissal of all other charges.

Through the deal, the parties agreed to a sentencing range of 10-to-13 years of incarceration.

Judge Demeo found that Whitley was knowingly and voluntarily accepting the agreement.

Parties will reconvene for sentencing on May 17.

Judge Amends Homicide Defendant’s Release Conditions

On March 15, DC Superior Court Judge Michael O’Keefe dismissed a homicide defendant’s drug testing requirements while on release awaiting trial.

Huey Bandy, 53, is charged with first-degree murder while armed for his alleged involvement in the fatal stabbing of 60 -year-old Orlando Murphy at the 3600 block of Brothers Place, SE, on June 7, 2022.

According to court documents, an individual identified as Bandy approached Murphy while he was in his car and stabbed him four times.

At the hearing, Bandy’s defense attorney, Sylvia Smith, requested the court lift alcohol testing from Bandy’s drug testing, arguing that there was no basis to monitor alcohol intake as requirement. Smith added that her client has had zero violations and has been compliant.

The prosecution objected to the defense’s request, stating that alcohol intake was a relevant factor, as it could affect Bandy’s competency to stand trial. Past court records show Bandy was found incompetent to stand trial on May 15, 2023 based on a report from the Department of Behavioral Health.

Over the prosecution’s objections, Judge O’Keefe found that Bandy had a consistent history of testing negative for drug tests, and ruled to dismiss the drug testing requirements of Bandy’s release conditions.

Parties are slated to return May 16.

Homicide Defendant Waives Right To Preliminary Hearing

On March 15, a homicide defendant waived his right to a preliminary hearing in DC Superior Court Judge Michael O’Keefe’s courtroom.

Christopher Tyler, 46, is charged with first degree murder while armed for his alleged involvement in the fatal shooting of 34-year-old Nolan Edwards at the 4100 block of Ames Street, NE, on July 7, 2023.

According to court documents, Tyler allegedly attempted to rob Edwards in his apartment before shooting him multiple times and fleeing in a gray Ford Explorer.

During the hearing, Tyler’s defense attorneys, Thomas Healy and Frances D’Antuono, alerted the court he was waiving his right to a preliminary hearing.

Parties are slated to return May 8.

‘You Need to Listen More and Talk Less,’ Judge Says to Homicide Defendant

On March 15, before DC Superior Court Judge Michael O’Keefe, a homicide defendant argued to represent himself in a homicide case.

Darrell Moore, 47, is charged with first-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm, for his alleged involvement in the murder of 37-year-old Julius Hayes at the 300 block of 18th Street NE on April 3, 2021.

According to court documents, an individual, identified as Moore, allegedly followed Hayes down a residential street in a black Ford Fusion, got into a verbal altercation with Hayes and shot him six times.

At the hearing, Moore told Judge O’Keefe that he wished to fire defense attorney Brandon Burrell and represent himself for his hearings, as he wanted to negotiate his own trial date and file his own motions that his previous attorneys refused to pursue.

Court records show Moore previously filed a motion to dismiss his indictment, suppress witness identification and request a hearing over ineffective counsel.

“I just want a fair trial. I want my motions,” Moore said.

Judge O’Keefe advised him that if Moore’s motions did not make sense at the time, then Moore’s defense attorney would have had to have made a decision that he thought was best. He also advised Moore that he needed an attorney to negotiate his trial date for him.

Burell stated that some individuals get along better with particular attorneys and that he and Moore got off to a “bad start.”

The prosecution objected to Moore’s request to fire his defense attorney, arguing that Moore was only trying to put things off without any good reason.

They added that Moore had previously fired three other Public Defenders, and stated that although Moore has the right to an attorney, he does not have the right to an attorney he can “get a beer with.”

Moore claimed he had no time to talk to Burell, who was assigned to his case a month ago.

According to Moore, he wasn’t trying to cause trouble, but insisted the rest of his life was at stake. “You‘ve gotta give people a chance,” Moore said.

Judge O’Keefe replied that Moore should “listen more and talk less,” and set a tentative trial date for Sept. 23.

Due to the uncertainty over whether Moore would retain his counsel, the judge granted Moore’s counsel more time to work things out and discuss the case.

Parties are slated to return March 29.

Defense Raises Concerns about Race Bias in Witness Identification

On March 14, DC Superior Court Judge Robert Okun granted a defendant’s motion to delay his trial and suppress a key witness’ testimony, following a multi-day long proceeding.

Robert Green, 30, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 43-year-old Andre Junior. The incident occurred on the 1500 block of Park Road, NW, on March 15, 2018.

According to court documents, the suspect, who was later identified as Green, allegedly fled from the crime scene after the shooting. Ammunition that was recovered at the crime scene reportedly matched ammunition found at the defendant’s residence, which was collected when a search warrant was executed.

During the hearing on March 13, Green’s defense attorney, Mani Golzari, argued a motion to suppress the prosecution’s key witness who identified Green, saying the prosecution withheld important information obtained from the witness’ interview with the Metropolitan Police Department (MPD).

Golzari said cross-racial bias–the mis-identification by a witness of a person of a different race– led to naming Green as the suspect, citing a specific line from the transcript where the responding officer said: “Yeah, all Black people look the same.”

Golzari alleged the prosecution obfuscated parts of the Spanish to English translations of the body-worn camera footage that would have made the interview seem less reliable with a potential racial bias.

“They gloss over the body worn translations from because they know it’s a problem,” said Golzari.

When the defense cross examined the detective who reviewed the footage, the detective stated that only certain parts of the body-worn camera conversation were translated.

Golzari asked the detective whether they knew that the witness said in the transcript, “I don’t want to be here, no I would not recognize the suspect because he is Black.” The detective responded that she was not aware.

“I adamantly deny that this was coaching,” the prosecution said, adding that it was not their intention to mislead the court, that they were not a certified interpreter and that the defense had the transcript longer than the prosecution had it.

“Either way I’m in the wrong because I know the language.” the prosecution added.

Golzari also argued for the trial date to be delayed, saying that he needed more time to investigate a second suspect allegedly involved in the shooting.

Golzari added that the prosecution had only recently published a photo lineup, insinuating that the prosecution was likely hoping it would “fly under the radar.”

“I’m not going to waste my time requesting discovery, if the prosecution is going to be like ‘we’ll give it to you when we give it to you,’” Golzari said, adding that they had been asking for discovery since 2021.

The prosecution stated that the photo array was never shown to other bystanders or officers that could have potentially identified the second suspect. They added that the array was more of a “hunch” rather than a targeted effort and the detective said proper procedures were followed in the identification process.

The prosecution also asked the detective why the witness stated why she might not be able to recognize the suspects if shown a second time. The detective responded that the witness was afraid that one of the suspects had seen her at the time of the incident and was concerned about her safety.

Golzari argued that in addition to the racial bias issue the witness’ description and the surveillance footage of the suspect did not match what Green was wearing when he was arrested.

Ultimately, Judge Okun granted both motions filed by the defense on March 14.

“On no more than six different occasions the officer told the witness that they had arrested the shooter,” Judge Okun said.

According to Judge Okun, had the prosecution not obtained the transcript of the body worn camera footage, the end result could have been very different and could have caused an incorrect ruling. The judge stated that the witness would not be admitted for an in-court identification and scheduled the trial date for December 2.

Parties are slated to return April 1.

Document: Updated MPD Investigating a Fatal Shooting in Northwest D.C.

The Metropolitan Police Department (MPD) is investigating a fatal shooting that occurred on March 17 on the intersection of 7th and P Streets, NW.

According to MPD documents, officers responded to the location for the report of a shooting. When they arrived, they found two men with gunshot wounds, who died at the scene. Four additional adult victims, all suffering from gunshot wounds, were also located at the scene. They were transported to local hospitals for treatment of their injuries. An additional victim walked into a hospital seeking treatment for a gunshot wound.

The motive for the shooting remains under investigation. The preliminary detectives’ investigation suggests that one or more suspects intentionally discharged their firearms at the victims.

The victims were identified as 32-year-old Anthony Brown and 32-year-old Jay Lucks.

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 in the District.

Document: MPD Investigating a Fatal Shooting in Northwest DC

The Metropolitan Police Department (MPD) is investigating a fatal shooting that occurred on March 17 on the intersection of 7th and P Streets, NW.

The motive for the shooting remains under investigation. The preliminary detectives’ investigation suggests that one or more suspects intentionally discharged their firearms at the victims.

The victims’ identities are being withheld pending 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 in the District.

Document: MPD Makes Three Arrests Related to Gunshots in Northwest

The Metropolitan Police Department (MPD) announced a man was arrested for endangerment with a firearm while investigating the sound of gunshots on March 14 on the intersection of Florida Avenue and W Street, NW.

According to MPD documents, officers heard the sounds of gunshots at the intersection. No one was injured as a result of the gunshots.

The preliminary investigation at the scene provided the description of the suspect’s car, and the MPD’s helicopter Falcon was able to locate the vehicle and relay its location to responding officers.

Officers stopped the vehicle on the 1500 block of First Street, NW, and detained three occupants. During a search of the car, officers located numerous open containers of alcohol and a gun. As a result, the occupants were arrested.

Avery Knight, 21, was charged with endangerment with a firearm, unlawful discharge of a firearm, and carrying a pistol without a license, among other charges.

Teron Collins-Tucker, 26, and 24-year-old Logan Dupree were charged with possession of an open container of alcohol.

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