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Judge Finds Probable Cause in Homicide Case

On March 13, DC Superior Court Judge Maribeth Raffinan found probable cause that a homicide defendant was the perpetrator in the incident. 

Charles D. Best, 25, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 35-year old Darius Robinson, which occurred on Feb. 18, 2023, on the 1600 block of Rosedale Street, NE.

The prosecutor called the lead Metropolitan Police Department (MPD) detective to the stand to detail evidence in the case.

The prosecutor began by submitting original and supplemental affidavits, written by the detective, which detail officers arriving on scene around three o’clock in the morning. There, the homeowner explained that the suspect [Best] “killed a man [Robinson] for nothing,” before fleeing the crime scene.

The detective then explained that before the shooting had occurred, the host had invited Robinson, Best, and other individuals to a house party, noting that there were multiple tequila and wine bottles found at the scene, and were “having a fun time.”

A witness present at the party earlier in the evening also noted that they had not been happy with the homeowner inviting the defendant. According to the witness and the detective, there had been a physical altercation with the host’s sister on an earlier date, in which the defendant allegedly broke her jaw.

A map showcasing the crime scene, the point of arrest, the point of discarded jacket allegedly belonging to the defendant, and a trash can containing a firearm believed to have been used in the shooting were submitted as well.

The prosecutor then showed five minutes of body-worn camera footage, which showed an officer knocking on the door of the residence, and also showed Robinson’s body, who was found unresponsive.

Additionally, the prosecutor showed photos from different angles and distances of a handgun recovered from a trashcan one block from the crime scene, as well as an empty magazine.

During cross-examination, Megan Allburn, defense counsel for Best, walked the lead detective through the events of the shooting, challenging him to confirm the timeline and the validity of statements made by an allegedly intoxicated witness.

Allburn also asked Judge Raffinan to strike the original police affidavit from the record, as the lead detective himself had not signed it, and she questioned its validity.

When asked whether there was any “beef” present at the houseparty which had ended hours before the shooting, the detective informed the court that he hadn’t talked to witnesses who had left before the shooting, as it didn’t seem relevant at the time.

Allburn questioned the detective about the party that happened before the shooting, noting the liquor and wine bottles found in the kitchen, and questioning whether alcohol had played a role.

Additionally, Allburn asked him how he knew the discarded jacket belonged to the defendant. The detective noted that the primary witness to the shooting had described to him and other officers the clothing the shooter was allegedly wearing. It was also noted that it was mid-twenty degrees on the morning of the investigation, and the defendant was found walking without a jacket, and allegedly ran away upon seeing the patrol car.

The detective also noted that when the suspect fled the crime scene, he allegedly disposed of the jacket down the street, and when officers retraced Best’s flight path after arresting him, the jacket was found in the way.

Given the evidence presented, Judge Raffinan found probable cause in the case, and Best will remain detained.

Parties are set to reconvene on June 28.

Judge Orders Mental Competency Evaluations for Murder Co-Defendants

On March 12, DC Superior Court Judge Robert Okun ordered mental competency evaluations for two juveniles, charged as adults under Title 16, in connection to a homicide. 

Marlan Smith and Anthony Monroe, both 17, are charged with first-degree murder while armed for their alleged involvement in the fatal shooting of 17-year-old Antonio Cunningham on Sept. 11, 2023, on the 2300 block of Washington Place, NE. 

According to court documents, the incident stemmed from a failed robbery attempt and injured a bystander that tried to intervene. 

During the hearing, Stephen LoGerfo, Monroe’s defense attorney, stated Monroe is currently receiving restoration classes at the Department of Youth Rehabilitation Services’ (DYRS) Youth Services Center (YSC), based on the findings of a competency evaluation ordered by another judge in an unrelated matter. 

LoGerfo stated that as of now Monroe is incompetent in the unrelated matter, and would request that the Department of Behavioral Health (DBH) do an mental evaluation on Monroe. 

Likewise, Thomas Key, Smith’s defense attorney, requested a competency evaluation for his client. 

Judge Okun and the prosecutors agreed with the parties, stating that it would be best for DBH to do the evaluation, rather than doctors at DYRS. 

Judge Okun ordered a mental competency evaluation for both defendants. 

The prosecution also alerted the court they had extended a wired plea offer to the defendants, which will be dealt with when their competency issues are resolved. 

According to court documents, the prosecution offered Smith a plea deal that requires him to plead guilty to second-degree murder while armed and assault with a dangerous weapon, in exchange for the prosecution not seeking an indictment, and a dismissal of his current juvenile cases. 

Through the plea deal, parties would agree to a sentencing range of 13-to-18 years of incarceration. 

It is unclear what the offer would entail for Monroe. 

Parties are slated to return May 3. 

 Defendant Charged with Shooting Mother Cradling Baby Rejects Plea Deal

On March 12, a non-fatal shooting defendant rejected a plea offer extended by the prosecution before DC Superior Court Judge Errol Arthur

Darrious Johnson, 22, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal shooting that occurred on May 5, 2023, on the 4500 block of Dix Street, NE. 

According to court documents, Johnson allegedly shot a woman in her left arm while she was cradling her baby. The infant was unharmed, and the victim received treatment for non-life-threatening injuries.

The incident stemmed from a dispute over money with an individual at the residence. Johnson allegedly retrieved a handgun and discharged it, with one witness reporting a total of 13 shots fired.

During the hearing, defense attorney Wole Falodun notified Judge Arthur that he had reviewed the prosecution’s plea offer, and Johnson had opted to reject it. The offer purportedly required Johnson to plead guilty to unlawful use of a firearm and unlawful possession of a firearm, in exchange for the prosecution not seeking an indictment.

 Parties are scheduled to reconvene on June 28.

Eyewitnesses Testify to Non-Fatal Shooting in Connection with Teen Homicide Case

On March 11, two eyewitnesses testified before DC Superior Court Judge Rainey Brandt regarding a pattern of violence surrounding the fatal shooting of a 13-year-old boy. 

Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 22, are three of five individuals charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW.

That shooting also left a second juvenile victim located in the vicinity suffering from an apparent gunshot wound to the right leg.   

During the hearing, the prosecution focused on a shooting that occurred 10 minutes after Lukes was murdered. That incident occurred at the 2400 block of Channing Street, NE, but no injuries were reported.

The prosecution called an eyewitness, who lived in the neighborhood and observed a man fleeing into an alley after the shooting. 

The eyewitness described his neighborhood as a “nice neighborhood” and “generally pretty quiet,” even though the sound of gunfire was familiar.

The witness testified that he had been watching TV when “several shots in rapid succession” startled him. After waiting a few seconds, the witness went outside and saw a man standing next to a white car in the alley that drove away southbound.

Moments later, the witness observed a  familiar looking man run from the crosswalk toward the witness’ home and into the alley.

When asked if he recognized the man, the witness claimed that the man had lived in the neighborhood previously and would often come back to visit residents. 

The prosecution claims the man was the victim of the shooting spree and will testify later in the trial. 

To corroborate his testimony, the prosecution introduced photos that the witness took of the man running into the alley. 

In his cross examination, Brian McDaniel, Jackson’s defense attorney, asked the witness if he had seen or spoken to the fleeing man about the incident since 2020. The witness had not and admitted that he does not recall giving descriptions to the Metropolitan Police Department (MPD) about anyone involved. 

In response, the prosecution presented MPD body-worn footage of the witness showing police the photos he had taken of the former neighbor.

The prosecution then brought a second witness from Channing Street, NE who called 911 and reported the gunshots. 

This witness also testified after hearing the shots, he looked out of his window to see a man running down an alley, as well as a white car at the end of the same alley. 

The witness testified that the man running into the alley was wearing a hoodie, but could not recall the color or design. 

In cross examination, McDaniel asked, “You’re not sure how you know the individual was African American correct?” to which the witness responded “yes”. 

The witness admitted that he had seen the man for around eight seconds maximum before calling the police.

McDaniel concluded by asking the witness if he had seen anyone get into the white car or if he could give a facial description of the man running to the alley. The witness replied “no” to both questions. 

In redirect, the prosecution asked the witness how close the shots had been. When the witness told the court that the shots were very near, the prosecution asked if anything had obstructed his view from the window. The witness testified that he was able to see most of the alley. 

The prosecution also called an officer of the (MPD) who had responded to Channing Street, NE, for reported gunshots. 

He said he found a black Toyota Prius with an apparent bullet hole in the windshield and shell casings while canvassing the crime scene. 

Prosecution asked the witness to show on a map how to get from the area of the fatal shooting to Channing Street, NE. When the witness was shown a video of a gray Kia Soul on the day of both shootings, he affirmed that it was heading in the direction of Channing Street, NE. 

Additionally, the officer stated that he interviewed two witnesses to the shooting, including a  resident of Channing Street, NE, who had taken photos of a man running into a nearby alley shortly after the shooting.

According to the officer’s police report, he also interviewed a teenage boy who had called 911 after hearing the shots.

Following the officer’s testimony, the prosecution brought in another MPD officer who testified that the shell casings were consistent with nine millimeter firearms. 

Parties are slated to return March 12.

Document: MPD Arrests Gunman Who Shot at MPD Officers

The Metropolitan Police Department (MPD) announced they arrested a man who allegedly shot at officers on Nov. 3, 2023, on the 3400 block of 13th Place, SE.

According to MPD documents, three officers responded to the location for the sounds of gunshots. When they arrived, the suspect fired several shots at them. The officers returned fire as the suspect fled the scene. There were no injuries reported.

On March 10, officers arrested and charged 32-year-old Walter Harrison with aggravated assault on a police officer while armed.

 ‘I’m Just Trying to go Home,’ Says Victim of Non-Fatal Shooting Linked to 2020 Homicide Trial

On March 12, the victim of a non-fatal shooting, allegedly connected to a 2020 homicide case, took the stand before DC Superior Court Judge Rainey Brandt.  

Koran Jackson, 23, Tyiion Kyree Freeman, 24, and Stephen Nelson, 22, are three of five individuals charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the fatal shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW. The shooting also left a second juvenile victim located in the vicinity suffering from an apparent gunshot wound to the right leg.  

During the hearing, the prosecution focused on a shooting, allegedly committed by the defendants, that occurred 10 minutes after Lukes was killed. 

The incident occurred at the 2400 block of Channing Street, NE. No injuries were reported from the incident.  

The victim began his testimony describing March 1, 2020 as “just a regular day”. 

Early in his testimony, the victim exclaimed “I told you I don’t want to testify… I moved on with my life”. 

As the prosecution continued, he became exasperated and exclaimed “That was the first time in my life I’ve been shot at, it was traumatic… I’m trying to go home”. 

Judge Rainey Brandt had to admonish the victim several times for cursing and speaking out of turn in the courtroom. 

The judge reminded the victim that, “I have the power to lock you up” for noncompliance. 

Despite this, the prosecution pressed on asking the victim what he saw the day of the shooting. He testified he had been near a corner store on Channing Street, NE, when he noticed a gray Kia Soul with a very dark tint driving through the alley.

When the prosecution asked the victim about the speed of the Kia Soul, he testified that the car was moving at a “regular speed”. 

To refresh the victim’s memory, the prosecution read statements from the victim’s 2022 grand jury testimony revealing the victim’s saying the Kia Soul was moving slowly. 

The victim testified he had followed the car into the alley “because I[the victim] was curious” and because he had never seen the car in the neighborhood. 

He said the Kia Soul stopped and two men got out. Both were armed, according to the victim. 

He described one of the men as dark skinned and one as light skinned. 

The victim said when the two men begin to fire, he ran away immediately. When asked about what else the shooters could have hit, the victim exclaimed  “All I worry about is myself”. 

According to his grand jury testimony, the victim said a bullet from the shooters hit a nearby car. 

Then he dived between two cars to avoid gunfire and minutes later, he saw the gray Kia Soul driving on North Capitol Street past the corner store. 

The victim claimed that both passenger side windows were rolled down and that one of the men was yelling profanities.

In his previous grand jury testimony, the victim specified that the shooter who had yelled out of the car was the “light skin dude with glasses” who said “I hope you all die.”

At the start of proceeding, Jackson, who is the only light skin of the three defendants, was wearing glasses but later removed his glasses. 

The victim made it clear from the start of his testimony that he knew none of the shooters and had never previously interacted with them.

Although the victim admitted to having family who lived on 9th Street, he stated, “I am not affiliated with a group” and refused to name the family member in court. 

Lukes’ murder was allegedly caused by a “rap beef” between two rival street groups.

In a brief cross examination, Tyiion Freeman’s defense attorney, Shawn Sukumar, revisited the victim’s grand jury testimony to confirm that in 2022, the victim believed the man he saw stick his head out of the car after the shooting was light skinned. 

Following, Jackson’s defense attorney, Brian McDaniel, asked the victim if it was accurate to say his view of the shooters “was limited to a second” because the victim had to run.

McDaniel concluded cross examination by asking the witness if MPD officers had ever asked the victim to identify the shooters in a photo array procedure. The victim responded that MPD had not had him look at photos. 

Prosecution then called a shift supervisor from the Department of Forensic Sciences (DFS) who had responded to the scene of the Lukes shooting. 

According to the witness, evidence collected at the scene included 11 cartridge casings, seven fragments of bullets, one projectile, blood, and some clothing. The prosecution then introduced this evidence and showed it to the jury.

The prosecution also introduced a tank top, t-shirt, and coat, all potentially belonging to Lukes according to the witness. 

The witness explained that markings on the coat presented in court were to indicate where defects, or holes were found. 

According to the witness, these defects may indicate the trajectory of the bullet that had killed Lukes. 

Due to time constraints, the witness was unable to conclude her testimony. 

Trial is set to resume March 13.

Judge Finds Probable Cause in Preliminary Hearing for Homicide Case

On March 7, DC Superior Court Judge Robert Okun found probable cause for second-degree murder in a preliminary hearing.

Dayshawn Nolan, 21, is charged with second-degree murder for his alleged involvement in the death of Antoinette Davis on July 3, 2022. The incident occurred on the 400 block of Condon Terrace, SE.  

According to court documents, on the night of the incident, an apartment at the listed location caught on fire. Davis, who inside, sustained multiple first, second, and third-degree burns and was taken to a nearby hospital for treatment. On July 17, 2022, Davis succumbed to her injuries.  

During the hearing, the prosecution called a detective from the Metropolitan Police Department (MPD) to testify about Nolan’s alleged involvement in the fire that caused Davis’ death. 

The detective interviewed Nolan multiple times throughout the investigation. According to the prosecution, Nolan relayed different information at these interviews. 

According to the detective, at the last interview, Nolan gave a different recollection of what happened during the night of the incident. 

During the interview, Nolan explained to the detective how he and a friend were playing with roman candles inside the apartment building where Davis and her partner lived. According to Nolan, his friend shot a roman candle in his direction, near the Davis’ apartment. Afterwards, they left the building. 

According to the detective, this was different than past interviews where Nolan stated he and a friend were outside playing with roman candles. 

The detective concluded that the incident was not premeditated. 

During cross examination, Nolan’s defense attorney, Pierce Suen, played snippets of his interview with the detective, where Nolan explained that he was standing at the top of the staircase leading up to Davis’ apartment and was facing down towards his friend, opposite direction of Davis’ apartment, when Nolan shot the roman candles. 

Suen also mentioned that none of the witnesses identified Nolan as shooting fireworks at the night of the incident.

Judge Okun alerted the parties that, after reviewing the evidence and testimony, he found probable cause that Nolan’s actions caused the death of Davis. 

Judge Okun described the incident as a “tragic accident,” and added that Nolan acted in conscious disregard of human life, but he did not intend to kill or hurt anyone. 

Parties did not argue for Nolan’s release, due to his detention in another matter. 

Parties are slated to return May 30.

Defendant in Shooting Case Rejects Plea Offer

On March 11, before DC Superior Judge Michael O’Keefe, a defendant in a shooting case rejected a plea offer from the prosecution.

Daniel Cary, 29, and Chantel Stewart, 32, are charged with two counts of assault with intent to kill while armed, two counts of assault with a dangerous weapon, aggravated assault knowingly while armed, and possession of a firearm during a crime of violence, among other charges, for their alleged involvement in a non-fatal shooting incident that occurred on July 22, 2020, on the 4000 block of First Street, SE. 

Cary’s defense attorney, Alvin Thomas, alerted the court that the prosecution had extended an offer to Cary, which required he plead guilty to assault with a dangerous weapon and possession of a firearm during a crime of violence, in exchange for a dismissal of all other charges. 

Through the agreement, parties would have agreed to a seven year sentence.

However, Cary rejected the offer. 

Thomas also alerted the court that he and his client had extended a counteroffer to the prosecutor, and were waiting on a response.

Parties are expected to reconvene for the beginning of Cary’s and Stewart’s trial on March 25.

Judge Denies Shooting Defendant’s Request for Release

On March 11, DC Superior Court Judge Lynn Leibovitz denied a non-fatal shooting defendant’s request for release.

Cornellius Ruffin, 40, is charged with assault with significant bodily injury while armed, assault with a dangerous weapon, and possession of a firearm during a crime of violence, among other charges, for his alleged involvement in a non-fatal shooting that left one victim injured on April 12, 2021, on the 200 block of Bates Street, NW.

Natalie Stokes, 33, is charged with accessory after the fact for her alleged involvement in the incident. 

Ruffin’s defense attorney, Stephen LoGerfo, requested Ruffin to be released from confinement, arguing that he wishes to resolve pending court matters in Virginia. 

The prosecution argued against Ruffin’s release due to the level of dangerousness and risk of not returning to court, citing Ruffin’s failure to appear to court on two previous cases in Virginia, which have outstanding warrants.

The prosecution added that Ruffin was on ankle monitoring from another case in Virginia when the non-fatal shooting took place.

Judge Leibovitz ruled in favor of the prosecution, and denied LoGerfo’s request for release based on Ruffin’s history of failures to appear at court. 

LoGerfo also mentioned he is waiting on a global plea offer from the prosecution and will need additional time to receive and review the offer with Ruffin. 

Parties are slated to return on April 1. 

Document: MPD Seeking Vehicle in Northwest Shooting

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect vehicle, in connection to a shooting that occurred March 9 on the 500 block of H Street, NW.

According to MPD documents, the victim was exiting a vehicle at the location, when he was approached by two suspects. The suspects produced a gun, demanding the victim’s property. Once the victim handed over his property, an altercation ensued between the suspects and the victim, resulting in the victim getting shot.

He was transported to a local hospital for the treatment of non-life-threatening injuries.

The vehicle of interest was captured by surveillance footage.

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

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Contributed to DocumentCloud by LaTrina Antoine (D.C. Witness) • View document or read text

Document: MPD Investigating Fatal Shooting in Southeast DC

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on March 8 on the 1400 block of Ridge Place, SE.

According to MPD documents, officers responded to the location for the report of a shooting. When they arrived, they found a man with gunshot wounds in the roadway. He died at the scene.

The victim was identified as 45-year-old Adam Dove.

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.

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Document: Arrest Made in a Fatal Shooting in Northeast

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a homicide that occurred on March 8 on the 1200 block of Mount Olivet Road, NE.

According to MPD documents, officers responded to the location for the report of the sounds of gunshots. Upon their arrival, officers located a man who had been shot. He died at the scene.

The victim was identified as 46-year-old Jimmy Thomas Jr.

As a result of the detectives’ investigation, 27-year-old Damon Clark was arrested and charged with second-degree murder while armed.

Two of Three Homicide Co-Defendants Waive Right for DNA Testing

On March 8, two homicide co-defendants waived their right to independently test DNA evidence while the third asserted his option before DC Superior Court Judge Maribeth Raffinan

Mark Fletcher III, 23, 22-year-old Malik Bynum, and 22-year-old Larry White are charged with conspiracy, first-degree murder while armed and possession of a firearm during a crime of violence, among other charges, for their alleged involvement in the fatal shooting of 21-year-old Rosendo Miller, 21. The incident occurred on the 1300 block of Brentwood Road, NE, on July 2, 2021. 

Fletcher’s defense attorneys, Thomas Healy and Gretchen Franklin, and White’s defense attorney, Lisbeth Sapirstein, told the court that their clients were prepared to waive their right to DNA testing. 

However, Pierce Suen, Bynum’s defense attorney, alerted the court Bynum decided to assert his right to test DNA evidence.

During the hearing, the prosecution said they had recovered two firearms from a nearby vehicle, cartridge casings, Miller’s clothing and clothing that allegedly belonged to the defendant from the scene. 

According to the prosecution, they had tested the evidence and shared the results with the parties. 

Judge Raffinan told Fletcher and White that they would not be able to test DNA evidence if they change their minds in the future. 

Parties are expected to return to court on June 14.

Judge Finds Probable Cause in Non-Fatal Shooting Case

On March 8, DC Superior Court Judge Renee Raymond found probable cause in a non-fatal shooting case.

Andre Harvey, 28, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on the 2700 block of Martin Luther King Jr. Avenue, SE on Dec. 2, 2022. One individual sustained non-life-threatening injuries during the incident. 

The prosecution called the lead Metropolitan Police Department (MPD) detective on the case who recounted seeing the aftermath of the shooting, talking with individuals at the scene, and reviewing video evidence including two surveillance clips that captured the shooting, allegedly showing the suspect and the victim. 

The officer also identified the defendant from previous interactions with him and his grandfather, and stated he knows him by the alias “DeAndre.” 

According to the detective, the footage shows Harvey allegedly pulling out a weapon and shooting the victim before fleeing the scene. He stated the shooting stemmed from an argument between the two individuals, although he didn’t state the nature of the dispute.

Defense attorney, Gail Engmann, argues that there is insufficient evidence to prove probable cause, and that there is evidence suggesting the shooting was in self-defense. 

In cross-examination, the defense challenged the detective’s account in that he did not see anything first hand, and can’t recall what the argument was about. 

Judge Raymond agreed that while there could be indications of self-defense, it is not proven in video footage. 

Judge Raymond found probable cause that Harvey was the shooter, and denied his release, citing a history of probation violations and the severity of the charges.

Parties will meet again on March 13, before DC Superior Court Judge Jason Park

Homicide Defendant Pleads Not Guilty at Arraignment 

On March 8, a homicide defendant was arraigned in the courtroom of DC Superior Court Judge Michael O’Keefe

Keith Williams, 23, is charged with first-degree premeditated murder while armed and possession of a firearm during a crime of violence, for his alleged involvement in the death of 17-year-old Brendan Ofori on the 300 block of M Street, SW. The incident occurred on May 28, 2023. 

According to court documents, Ofori was shot and killed in a Washington Metropolitan Area Transit Authority (WMATA) train car, and his body was recovered at the Navy Yard Metro Station. Williams’ defense attorney, Sylvia Smith, alerted the court he was pleading not guilty to all charges, and asserted Williams’ constitutional rights, which include a speedy trial with legal representation.

Smith requested that the prosecution produce discovery evidence, which the judge ordered them to complete within 30 days. 

A status hearing is set for April 5.