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Document: Two Men Arrested for Carrying Illegal Firearms in Southwest

The Metropolitan Police Department (MPD) announced two men were arrested for carrying illegal firearms on Dec. 17 on the 700 block of Maine Avenue, SW.

According to MPD documents, officers were in the area when they heard the sounds of gunshots. When they arrived on the scene to investigate, a security officer who also heard the shots provided a lookout for two men who fled the scene. The officers were able to apprehend both men and both were found to be in possession of a handgun.

D’Montre Gay, 28, and Micah Cosby, 42, were arrested for carrying a pistol without a license, possession of an unregistered firearm, and possession of unregistered ammunition. Gay was additionally charged with destruction of property and unlawful discharge of a firearm.

Document: Man Dies After Traffic Crash

The Metropolitan Police Department’s (MPD) Major Crash Investigations Unit are investigating a traffic crash that killed a man on Dec. 14 on the 2500 block of Benning Road, NE.

According to MPD documents, an unknown vehicle, traveling westbound at the location, struck a pedestrian who was standing in the middle of the block. The vehicle fled the scene.

DC Fire and Emergency Medical Services (EMS) responded to the scene and determined there were no signs consistent with life.

The pedestrian has been identified as 54-year-old Maurice Oliver.

MPD requests that anyone with information call them.

Document: Man Killed in Northeast Shooting

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Dec. 15 on the 600 block of Hamlin Street, NE.

According to MPD documents, officers responded to the location for the report of an unconscious person. Upon arrival, officers located a man with gunshot wound injuries. He died at the scene.

The victim’s identity is being withheld 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: Man Arrested for Assault with a Dangerous Weapon

The Metropolitan Police Department (MPD) announced an arrest has been made in connection to a shooting that occurred on Aug. 22, on the 500 block of Taylor Street, NW.

According to MPD documents, the suspect assaulted three victims attending a social event after being confronted by them. The suspect then walked towards the front of the residence and unlawfully discharged a firearm before fleeing the location in a vehicle, which belonged to another victim.

On Dec. 14, 27-year-old Tyequan Taylor was arrested and charged with assault with a dangerous weapon, and leaving after colliding. The offense was deemed domestic in nature.

Document: Man Arrested for a Shooting in Northeast

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a shooting that occurred on the 5800 block of Nannie Helen Burroughs Avenue, NE, on Sept. 20.

According to MPD documents, the victim attempted to confront the suspect about running a stop sign, when the suspect exited his vehicle with a gun. The victim fled, and the suspect followed them, once again exited his vehicle, and shot at the victim. The victim was not injured, but his vehicle sustained damage from the gunshots.

On Dec. 13, an 18-year-old male was arrested and charged with assault with a dangerous weapon. He was a juvenile at the time of the offense.

Defendant Pleads Not Guilty to Murder During Arraignment

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

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

Seltzer pleaded not guilty on all counts during the arraignment.

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

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

Trial is slated to begin Jan. 29, 2024.

Shooting Defendant Rescinds Motion to Withdraw Guilty Plea 

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

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

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

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

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

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

Shooting Defendant Sentenced to Two Years

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Co-Defendants in Shooting Incident Accept Plea Offer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Parties are slated to return June 28, 2024.

Homicide Victim’s Brother Among Trial Witnesses

On Dec. 14, witnesses near the shooting and the victim’s brother testified in a 2021 murder trial in front of DC Superior Court Judge Robert Okun.

Mussye Rezene, 31, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the death of 17-year-old Brayan Villatoro on the 1300 block of Nicholson Street, NW. 

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

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

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

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

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

Prosecutors then called Villatoro’s brother to testify. 

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

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

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

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

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

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

Parties will reconvene Dec. 18.

Homicide Co-Defendants Waive Right to Independently Test DNA Evidence 

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

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

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

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

Parties are slated to return Sept. 13, 2024. 

Homicide Defendant Rejects Plea Offer

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

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

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

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

His trial is scheduled for Feb. 5, 2024. 

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

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

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

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

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

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

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

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

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

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

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

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

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

Homicide Defendant Withdraws Guilty Plea

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

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

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

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

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

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

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

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