Co-Defendants Accept Plea Deals for Fatal Park Bench Shooting

Two co-defendants accepted plea deals in connection with the fatal shooting of a victim who was sitting on a park bench before DC Superior Court Judge Neal Kravitz on Dec. 17.

Marques Johnson, 43, and Andrew Ellis, 23, were originally charged with first-degree premeditated murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction greater than a year. Ellis was additionally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence.

The charges stem from their involvement in the fatal shooting of 56-year-old Leo Colter on Oct. 1, 2023 in McPherson Square Park on the 900 block of 15th Street, NW.

At the hearing, Johnson’s attorney, Kevin Robertson, and Ellis’ attorney, Carrie Weletz, informed Judge Kravitz that the defendants accepted a wired plea deal extended by prosecutors. The deal required Johnson and Ellis to plead guilty to second-degree murder while armed in exchange for prosecutors dismissing the remaining and greater charges against them.

The prosecutor said if the case proceeded to trial they would have proven beyond a reasonable doubt that on the date of the incident, Colter sat on a park bench in front of a statue in McPherson Square Park. Johnson and Ellis positioned themselves on either side of the statue and shot toward Colter.

Metropolitan Police Department (MPD) officers found Colter slumped forward on the park bench with a gunshot wound to his upper back. The MPD investigation determined two different weapons were fired and indicated the shooting resulted from a conflict between two groups who sell drugs in the area.

Johnson and Ellis did not shoot Colter in self-defense or with any other legal justification.

Judge Kravitz determined there was a factual basis and that both defendant’s entered into the plea knowingly and voluntarily.

As part of the deal, parties agreed to a sentence between 15-and 18-years of imprisonment for each defendant, followed by five years of supervised release. The agreed upon sentence range is subject to approval by Judge Kravitz.

Sentencing is scheduled for March 13, 2026.

Document: Teen Arrested for Two Shootings

The Metropolitan Police Department (MPD) announced the arrest of a 16-year-old male from Northwest, DC, for his alleged involvement in two separate shootings. The incidents occurred on Oct. 10 and Oct. 15, in the Unit block of New York Avenue, NE, and the 1300 block of 5th Street, NW, respectively. The teenager is charged with Endangerment with a Firearm, Assault with a Dangerous Weapon (Gun), and Destruction of Property. No victims were located in either incident.

Document: MPD Arrests Shooting Suspect

The Metropolitan Police Department (MPD) announced the arrest of 33-year-old Shelby Walker, alleged to have been involved in a shooting incident on Dec. 9 in the 2500 block of Naylor Road, SE. Walker is charged with Assault with a Dangerous Weapon (Gun) and Carrying a Pistol Without a License after allegedly firing a shot during an argument, with no injuries reported.

Judge Holds Suspects in Congressional Intern Murder After Contentious Hearing

Lawyers for a trio of defendants accused in a high-profile murder case aggressively questioned the lead detective about apparent inconsistencies in the evidence before DC Superior Court Judge Danya Dayson in a Dec.16 detention hearing.

Naqwan Lucas, 19, his brother Jailen Lucas, 17, and Kelvin Thomas, 17, are charged with conspiracy, first-degree premeditated murder while armed in a drive-by or random shooting, four counts of assault with intent to kill while armed, three counts of aggravated assault knowingly while armed, assault with a dangerous weapon, and nine counts of possession of a firearm during a crime of violence, for their alleged involvement in the fatal shooting of a House of Representatives intern, 21-year-old Eric Tarpinian-Jachym.

The incident occurred on June 30 on the 1200 block of 7th Street, NW. The shooting also injured a woman and a 16-year-old boy.

Naqwan is also charged with first-degree premeditated murder, possession of a firearm during a crime of violence, obstruction of justice, tampering with physical evidence, destruction of property, and second-degree theft for his alleged involvement in the death of 17-year-old Zoey Kelley on July 4 on the 1700 block of Benning Road, NE.

According to court documents, Kelley was Naqwan’s girlfriend. He was arrested on Oct. 29 in Maryland, while his co-defendants were arrested in September.

Kevann Gardner, Thomas’ attorney, detailed what he claimed were inaccuracies in the 66 page police affidavit defended by the lead detective in the investigation.

The detective who said he was the “quarterback of the evidence” struggled at times to respond to Gardner’s questions. Gardner asked the detective if he found any “forensic” evidence from Thomas that police could test. The officer did not.

While the report says there were 30 shell casings found, but only for a .9 mm and .223mm weapons,Gardner raised the possibility there may have been three weapons involved.

The detective said a microscopic exam had not been conducted but an outside expert said there was evidence of three guns.

As for the fatal wound, the detective admitted he didn’t know the order or whether the victim was turned around or in what position he was facing the shooter.

Gardner was also critical about how the 79 cartridge casings at the scene were collected, suggesting they could have been contaminated with other DNA, or weren’t “sterile.”.

“You say the best way to collect them is sterile?” “That’s what you said in your report,” said Gardner.

The detective said he didn’t know if sterile collection was the best method. Although detectable DNA doesn’t always have to come from a perfectly clean sample, it is preferred.

Gardner’s inquisition continued regarding a witness statement that there was a lone gunman.

“That was incorrect,” said the detective.

The detective also struggled to recall the personnel involved in the investigation from other agencies.

“You have me confused,” said the officer.

Gardner was particularly critical of a procedure to identify Thomas by a special police officer who was initially presented with an image of Thomas, then advised to search for a match at a specific location in surveillance footage.

“When he identified Thomas was a picture sitting in front of him?” asked Gardner.

The detective said he didn’t know.

Terrence Austin, Jailen Lucas’ attorney, suggested the crime resulted from gang rivalry. Austin said a witness claimed that Thomas was involved in a crew that had beef with other neighborhood groups that may have been involved in the shooting.

Austin saida witness at a bus stop who was wounded in the shooting said he saw possible assailants on bikes and in a car raising a possible self-defense claim.

He also said a black Acura said to be used in the attack was located in Prince George’s County, but didn’t contain any of Lucas’ fingerprints.

The detective said GPS cell data put Lucas near the site of the shooting, but no text messages were recovered. In terms of identification,he said the shooters were wearing black pants. One had Jordan 1 tennis shoes. Further, he said Lucas had a distinctive tattoo on his left forearm.

“We have so much video, it’s unbelieveable,” said the detective.

In closing, Steven Kiersh, Naqwan Lewis’ attorney said, there’s no DNA evidence, no fingerprints, no ballistics or cell site data. “What this case is based on is identification…All we are left with is biased witnesses making identification,” he said.

Arguing for release to home confinement, Gardner said that Thomas has a strong support system and helps his three younger siblings and his mom. Further, he received the highest grades while incarcerated at the Youth Services Center (YSC).

Austin maintained his client has done nothing that suggests a crime of violence, and that the case against him is circumstantial based on misidentification.

In contrast, the prosecution argued for continued detention saying, “an innocent bystander lost his life in downtown DC.” He noted that probable cause had already been found, and claimed the identification of the defendants was solid.

In finding for detention, Judge Dayson said the prosecution had made its case and the crime “ended in one person’s loss of life…and frankly putting quite a few people at risk.”

The next hearing in the case is scheduled for April 10.

Judge Sentences ‘Pretty Brutal’ Stabbing Suspect to 45 Months

In a crime DC Superior Court Judge Todd Edelman described as “pretty brutal,” Keimontay Holston, 22, was sentenced to 45 months for a non-fatal stabbing of a fellow inmate at the DC jail while the victim was sleeping.

According to court documents, on Jan. 2, Holston entered a cell at the jail on the 1900 block of D Street, SE and repeatedly stabbed the victim. The man, says the police report, suffered from ten stab wounds to the head, left abdomen, front left shoulder, twice in the left elbow, right forearm, back of both shoulders, scapula area, and middle of the spine The report indicates that the victim had blood running down his back.

Holston pleaded guilty to one count of assault with a dangerous weapon.

In his argument for a 45-month sentence at a hearing on Dec. 11, the prosecutor said, “The jail is a dangerous and violent place because of conduct like we’re considering right now.”

Defense attorney Camille Wagner said she wasn’t trying to make excuses for what happened but Holston was held in a maximum security part of the jail she termed, “a complete disaster” where people “eat or be eaten.”

The victim chose not to make an impact statement at the hearing.

Judge Edelman noted that while Hoston did accept responsibility, he rejected an earlier plea deal. The stabbing, he said, followed a conviction for possessing a machine gun in September and subsequent sentencing to 24 months, with 12 months suspended for time served.

Wagner, in contrast, characterized Holston as a very smart man who should be given a chance to succeed and he wants to do better.

“I accept full responsibility for my actions,” Holston said.

Even so, said the judge, “You haven’t made that step forward.” He denied applying the Youth Rehabilitation Act which would seal the defendant’s record.

Ultimately, Judge Edelman sentenced Holston to 45 months, suspending 15 months for time served. Holston must also get a mental health assessment and pay $100 to the Victims of Violent Crimes Fund.

Murder Suspect Takes a Plea, Co-Def to Stand Trial

One co-defendant pleaded guilty to manslaughter while his co-defendant agreed to a trial in a hearing before DC Superior Court Judge Rainey Brandt on Dec. 12.

Roy Jordan, 22, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, two counts of possession of a firearm by a convict, and possession of a large capacity ammunition feeding device, for his alleged involvement in the fatal shooting of 29-year-old Gary Lavon Love III on the 4600 block of South Capitol Street, SW, on Nov. 20, 2023.

Donell Thomas, 33, is charged with accessory after the fact for assault with intent to kill while armed for his alleged involvement in helping Jordan avoid prosecution.

Jordan’s defense attorney, Antoini Jones, alerted Judge Brandt that his client agreed to plead guilty to voluntary manslaughter while armed for the crime which carries a maximum sentence of 30 years in prison.

The prosecutor said that had the case gone to trial, Jordan would have been found guilty of Love’s fatal shooting in what amounted to a gun battle. However, the prosecutor said Jordan did not fire in self-defense and that he was “the aggressor” in the incident.

Judge Brandt detailed the rights that Jordan was waiving with his plea including a jury trial and an appeal of his case if convicted. When Jordan acknowledged the terms, Judge Brandt said, “I find him guilty.” In return for the guilty plea, the prosecutor agreed to drop the remaining charges against Jordan.

Meanwhile, Jordan and Thomas had been offered a “wired” plea meaning that both defendants would have to accept the terms for the agreement to be valid. However, during negotiations, the pleas became “unwired”.

Now Thomas is scheduled to stand trial as an accessory after the fact on May 26, 2026. He is represented by Jesse Winograd.

Judge Praises Murder Suspect’s ‘Remarkable Evolution’

DC Superior Court Judge Rainey Brandt lavished praise on murder suspect Howard Fritts, 59, in a hearing on Dec. 12.

“I’m so proud of you,” said the judge to Fritts, lauding his employment as a contract worker and congratulating him for getting married.

His attorney, Jessica Willis, said her client is “doing phenomenally.”

Fritts is charged with first-degree murder for his alleged involvement in a violent argument with Charlie Miller, 46, on May 29, 2022, on the 900 block of 9th Street, NW.

According to court documents, Fritts allegedly shot Miller in the head after inflicting injuries to his elbows, knees and face and cutting his forehead. When Fritts spoke with Metropolitan Police Department (MPD) officers after his arrest on June 1, 2022, he said he got into a physical fight after he asked Miller to stop recording him on his phone.

Fritts denied shooting Miller, saying he had never “shot a gun a day in his life.”

Miller was released under high intensity supervision (HISP) in July, 2022. In October of that year the court granted Fritts permission to travel to help his family, due to his total compliance with release conditions.

Another court report said Fritts had been in full compliance with his release conditions in May of 2023. Other than a minor slip up in January 2024, Fritts has continued to abide by his release terms.

Meanwhile, the case against him is proceeding. The prosecutor said she plans to call as many as 20 witnesses in a trial that could last a week-and-a-half. Fritts appeared remotely wearing a buttoned up blue shirt but remained silent throughout the hearing.

Judge Brandt said the defendant is not the same person who appeared before her initially. “His evolution is remarkable.”

Fritts jury trial is set for Oct. 28, 2026.

Document: MPD Makes Arrest in Bladensburg Road Shooting

The Metropolitan Police Department (MPD) announced the arrest of 19-year-old Langston Wedge in connection with a shooting on Nov. 2 on Bladensburg Road, NE, which injured five people. Wedge was charged with two counts of Aggravated Assault While Armed and two counts of Possession of a Firearm During a Crime of Violence. The victims, three adult females and two adult males, sustained non-life-threatening injuries.

Lawyers For National Guard Shooting Suspect Claim Lack of Evidence

Lawyers for Rahmanullah Lakanwal, 29, the accused killer of a National Guard soldier and grievous wounding of another trooper, filed a motion on Dec. 16 to compel prosecutors to provide evidence to back up their claims that the crime was a “targeted attack” and an “ambush.”

“Despite these characterizations, the government has proffered no motive evidence for the charged offenses. Instead, all the known evidence of Mr. Lakanwal’s allegiances show his solidarity with U.S. military personnel,” says the motion filed by his defense team Edward Ungvarsky and Jessica Willis.

Recovering from injuries sustained in what authorities describe as a brazen, broad daylight attack on two National Guard members Lakanwal, pleaded innocent through an Arabic interpreter in a brief court appearance on Dec. 2.

One soldier, Sarah Beckstrom, 20, died from gunfire. A 24-year-old, the male guardsman is still recovering from the shooting on Nov. 26 near the Farragut West Metro stop blocks from the White House They had been deployed from West Virginia to DC in response to President Trump’s declaration of a “crime emergency” in the city.

The proceeding before DC Superior Court Magistrate Judge Renee Raymond was conducted virtually so Lakanwal could attend from his hospital bed. The bearded suspect is charged in the District with first-degree murder, assault with intent to kill, possession of a firearm during a crime of violence after driving to DC from Washington State, prosecutors say, with murderous intent .

Enhanced federal charges from the Department of Justice are likely, including a death penalty count but no confirmation from the U.S. Attorney’s Office in DC as of Dec. 11.

According to the DC police affidavit, the victims were engaged in a conversation with another soldier that was abruptly punctuated by gunfire, then, “Beckstrom and [the other victim] fall to the ground while [the other soldier] simultaneously seeing the defendant…shooting a gun and screaming, ‘Allahu Akbar.’–Arabic for “God is great.”

At that point, the Guardman responded with his service weapon. “During the subsequent gunfight, the defendant was shot and fell to the ground.” Both of his victims were unresponsive, says the report. They were shot in the head.

Prior to the shooting, surveillance video from several nearby locations show an individual identified as Lakanwal near the Metro stop when he starts running “with his hands raised in a firing stance.”

According to US Attorney Jeanine Pirro, Lakanwal, an Afghan, entered the United States under [former President] Biden’s Operation Allies Welcome, a program to assist those who helped the U.S. Military before its “disastrous withdrawal from Afghanistan.”

It has been widely reported that Lakanwal was granted asylum in April by the Trump administration.

“Our nation’s capital should not be and must not be a place where evil comes to commit violence whatever their cause or motive should be,” said Pirro at a news conference on Nov. 27.

Lakanwal’s lawyers objected that he was not charged within the 72 legal requirement. However, given that Lakanwal seemed dimly aware of the hearing, and was barely able to communicate five days after the incident from his hospital bed, Judge Raymond disregarded the argument.

Further the defense claimed it could rebut the prosumption that Lakanwal posed a danger to the community because he had no prior criminal record and that he could be safely released pending trial.

However, in her ruling there was sufficient probable cause for Lakwanwal to be detained, Judge Raymond described the magnitude of the incident and “its innate terror.

The next hearing in the case is set for Jan. 2.

Prosecutors Argue Defendant ‘Patiently And Diligently Hunted Down’ Murder Victim

The prosecution argued a defendant hunted down the victim during closing arguments in a murder trial before DC Superior Court Judge Rainey Brandt on Dec. 10.

George Sutton, 46, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction greater than a year. The charges stem from his alleged involvement in the fatal shooting of 34-year-old John Coleman on May 1, 2023 on the 2000 block of M Street, NE. Coleman suffered from three gunshot wounds to his neck, knee, and thigh.

Sutton’s attorney, Steven Kirsh, called Coleman’s mother to testify about a conversation she overheard two days before her son’s murder. She testified that she was at home with her window open when she heard her son arguing with a man outside, during which the man threatened to kill Coleman.

Coleman’s mother told prosecutors during cross-examination that she did not see anyone outside other than her son and the other individual who she described as an associate of his. The prosecution confirmed Coleman’s mother had no knowledge of her son’s murder other than the evidence presented at trial.

Kiersh rested the defense case and the prosecution recalled the lead Metropolitan Police Department (MPD) detective for their rebuttal case. The detective said during his investigation, Coleman’s mother told him the name of the man she heard threaten him. However, the detective said the man was not a suspect because the investigation focused on the gold sedan the shots originated from and there was no evidence that connected him to a gold vehicle.

The prosecution also introduced video evidence of the man on a bike at 12:40 p. m. the day of the murder at the intersection of 18th and M Streets, NE. Kiersh confirmed with the detective during cross-examination that the man’s bike traveled towards the crime scene. The detective clarified that he biked towards the crime scene after the shots were fired.

After the prosecution concluded their rebuttal case, parties presented closing arguments.

The prosecutors asserted Sutton had “a gun, a car, and the vengeance to see it through,” but did not anticipate the “unbiased, hard data.” They claimed video footage, cell phone data, and an eyewitness incriminated Sutton.

The eyewitness described a gold sedan and a bike when she heard shots and saw the victim on the ground, recounted the prosecution. They added that the Metropolitan Police Department (MPD) investigated her description and determined through a license plate reader that the vehicle was registered to Sutton at Quarles Street.

Through video footage, the prosecution detailed the path they alleged Sutton took in his gold Infiniti, beginning at 11:47 a. m. on 21st Street, NE, when Coleman threw an object at his car. According to prosecutors, Sutton then drove to his home on Quarles Street, NE, where he remained for about eleven minutes, before returning to the “exact location where John Coleman dared to throw something at his car.” Prosecutors claimed Sutton drove around the neighborhood multiple times searching for Coleman before he fatally shot him at 12:26 p. m.

The prosecution argued cell phone data corroborated the video. “The timing works perfectly,” stated the prosecutor.

The prosecution added that during an interview with MPD, Sutton identified himself in the initial video footage of Coleman throwing an object at his car. “The defendant’s admission is the cherry on top of this case,” said prosecutors but argued Sutton did “olympic sized backflips” to later change his story.

“Coleman was biking, listening to music, and headed to his death,” said prosecutors, while Sutton “patiently and diligently hunted down Coleman and killed him.”

The prosecution asked the jury to convict Sutton for “the calculated ambush that ended Coleman’s life on that quiet neighborhood curbside.”

In defense closing, Kiersh reminded the jury their recollection of evidence should control the verdict. He said evidence and facts cannot be invented to fit a theory and the prosecutors had the burden.

“There are many doubts,” said Kiersh and noted the prosecution’s case lacked DNA, firearm, fingerprint, and identification evidence. Kiersh emphasized that no witness testimony said Sutton murdered Coleman.

“The car is not on trial,” Kiersh accused the prosecutors of merging the defendant with the vehicle. “We have proven that’s the defendant’s gold sedan,” prosecutors later asserted during their rebuttal argument.

Kiersh told the jury that Sutton lived in the area and therefore it was not unusual for him to be there. Prosecutors disputed this claim, arguing Sutton did not live in the neighborhood and had no legitimate reason to be circling it.

Kiersh also pointed to Coleman’s mother’s testimony as evidence of a reasonable possibility someone else murdered him.

Finally, Kiersh asked the jury to “make this a fair fight” and return a verdict of not guilty for Sutton.

Parties will reconvene when the jury reaches a verdict.

Co-Defendants in an Armed Robbery Murder Case Plead Not Guilty at Arraignment

Two co-defendants accused of fatally shooting a victim during a robbery attempt pleaded not guilty during an arraignment before DC Superior Court Judge Jason Park on Dec. 17.

Antoin Whitehead, 24, and Damari Brown, 23, are charged with conspiracy, first-degree felony murder while armed, attempt to commit robbery while armed, and two counts of possession of a firearm during a crime of violence for their alleged involvement in the fatal shooting of 35-year-old Henry Crutchfield on May 27 on the 1600 block of 14th Street, NW, in front of Barcelona Wine Bar. Crutchfield suffered from a single gunshot wound to his chest.

According to court documents, Whitehead and Brown allegedly committed the murder during a robbery attempt. Crutchfield died next to his white Chevrolet Corvette wearing a flashy watch, bracelet, necklace, and earrings. A forensic investigator from the DC Office of the Chief Medical Examiner (OCME) reportedly recognized Crutchfield as someone who worked with the OCME.

At the hearing, the court arraigned the defendants on the indictment charges against them. Whitehead’s attorney, Elizabeth Weller, and Brown’s attorney, Madalyn Harvey, entered a plea of not guilty on behalf of their clients and asserted their right to a speedy trial.

Parties are scheduled to reconvene for a detention hearing on Feb. 20.

Parties Present Conflicting Stories Shared in Carjacking Trial

Parties delivered opening statements and two carjacking victims testified before a jury in DC Superior Court Judge Michael Ryan’s courtroom on Dec. 16.

Jerrell Smith, 33, is charged with armed carjacking, assault with a dangerous weapon, threaten to injure or kidnap a person, and carrying a dangerous weapon, for his alleged involvement in a carjacking on June 7, 2023 at the intersection of South Capitol Street and Martin Luther King Jr. Avenue, SE. One individual sustained injuries during the incident.

In their opening statements, prosecutors claimed that Smith, who was allegedly armed with a knife, carjacked his cousin and her boyfriend while riding in the car.

According to the prosecution, the cousin’s boyfriend was driving the group to pick someone up, when they arrived at the intersection where the incident occurred. Smith, who they claimed was in the back seat of the car, allegedly put a knife to the victim’s neck, cutting his finger, and carjacked the vehicle. The prosecution insisted once he was able to get his cousin’s boyfriend out of the driver’s seat and the cousin had gotten out of the passenger seat, Smith climbed over the center console, got in the driver’s seat and left the scene with his cousin’s vehicle.

“There were no arguments. Nothing’s happening,” the prosecutor said, stating the victims would testify that there were no disagreements between the group leading up to the carjacking.

However, Emma Mlyennic, Smith’s attorney, disagreed. “What do you do when you find yourself in the middle of an aggressive argument that you’re not part of? You get away from it,” Mlyennic said, stating that’s what Smith did.

Mlyennic argued that the complainants were the passengers of the vehicle which Smith was driving, and got into an argument that spilled into the street when they reached the incident location. “He drove off to get out of it,” Mlyennic said.

“Jerrell Smith is not guilty,” Mlyennic insisted, stating that he pulled over when they were arguing, asked her cousin to get back in the car, and when she refused he drove off.

According to Mlyennic, the complainants were upset that he left them stranded, and gave the police a story that blamed Smith. Mlyennic argued the cousin’s boyfriend was on probation in Maryland at the time of the incident, and wanted to avoid getting in trouble, which would violate his conditions.

“An innocent man is on trial for a crime he did not commit,” Mlyennic insisted. She argued that Smith had ample opportunities throughout the day to carjack his cousin, who he previously reached out for a place to stay, but didn’t do it.

Mlyennic stated Smith did not try to abandon or sell the car, and instead parked at a shopping center near a police station.

“Why on earth would you drive yourself to a police station if you committed an armed carjacking?” Mlyennic said.

“The story the complainants are giving you is not true,” she insisted.

Prosecutors called on Smith’s cousin, who claimed she was riding in the passenger seat when the incident occurred.

According to Smith’s cousin, Smith called her earlier in the day to ask for a place to stay, and she agreed to let him stay at her apartment. She picked him up from Southern Avenue Metro Station in the early afternoon and had him hang out with her and her boyfriend until she had to go to work.

After work, she agreed to pick him up from an undisclosed location and drove home. Her boyfriend’s sister asked them to pick her up, and they asked Smith if he wanted to join.

On their drive to get her boyfriend’s sister, the cousin stated, the three were listening to music and just riding along. At the intersection, she testified, Smith tried to slice or stab her boyfriend from the back seat. “He had a blade towards his neck,” she recalled.

She testified she panicked, and ordered Smith to stop, before jumping out of the passenger seat. She testified that the car started to go backwards down a hill and knocked her over. Once she got up, she saw her boyfriend running down the street and Smith in the driver’s seat.

She stated she had her best friend track her vehicle, which was located at the Eastover Shopping Center in Oxon Hill, MD, and did not call 911 until a while later.

“My first thing was to get off the street,” when questioned why she hadn’t immediately called 911.

Likewise, Smith’s cousin’s then-boyfriend was called to testify. He stated he had met Smith once before the day of the incident, and had never had any problems with him.

According to the witness, they hung out together and watched TV while his girlfriend was working. Once she returned from work, with Smith, they agreed to go pick his friend’s sister up — which is conflicting with his then-girlfriend’s testimony.

Smith decided to ride along with them, according to the witness, and everything was fine until they reached the intersection where the incident occurred.

According to the witness, he felt a hand pull his forehead back into the driver’s seat’s head rest, and a knife to his neck. In an attempt to prevent an injury to the throat, the witness testified he put his hand between his neck and the knife, causing a laceration to his middle finger that needed six stitches.

He stated that he and the defendant ensued in a struggle, during which he was dragged from the driver’s seat to the back of the car. He claimed he exited the vehicle through the back passenger door, and saw the car drive away as he ran away from the scene.

He testified he didn’t call 911 because he didn’t have his phone.

Hannah Claudio, Smith’s other attorney, questioned the witness’ credibility, stating that he switched the story up to benefit himself in order to not get in trouble with his probation in Maryland.

Claudio questioned his statement to his probation officer, which noted he told her a stranger approached the car with a knife and carjacked him. “I definitely didn’t tell her that,” the witness insisted.

Claudio also highlighted that the witness had been arrested by US Marshals on Dec. 13, and a DC Judge told him if he didn’t show up to testify in trial he would be arrested.

In redirect, the witness assured prosecutors his testimony was truthful.

Parties are slated to reconvene on Dec. 17.

Shooting Suspect Pleads Guilty to Firearms Violation

In a brief hearing before DC Superior Court Judge Todd Edelman on Dec. 15, Keanu Scott, 26, pleaded guilty to unlawful possession of a firearm with a previous conviction.

The defendant was originally charged with assault with a dangerous weapon and assault with intent to kill in connection to a non-fatal shooting on the 800 block of Dahlia Street, NW on Aug. 21.

Judge Edelman explained that by accepting the plea Scott would be giving up his right to a jury trial, as well as to test any DNA evidence in the case. Further, he would not be able to appeal if he were convicted.

In return, the prosecution agreed to waive filing an indictment or bring any greater charges against Scott.

As Judge Edelman reviewed the terms of the plea agreement, Scott affirmed that he understood the document and accepted the disposition of the case. He is represented by Michelle Lockard who told the court that Scott was also willing to forgo a preliminary hearing of the evidence against him.

If the case had gone to trial, the prosecution would have been able to prove beyond a reasonable doubt that Scott illegally possessed a firearm despite a previous firearm conviction in 2015.

“I do accept Mr. Scott’s guilty plea,” said Judge Edelman.

The judge said the maximum penalty for the charge is 15 years in prison and a fine of $37,500. Nonetheless, Edelman noted that the mandatory minimum for the crime is three years imprisonment. Further, Scott could be required to pay up to $5,000 to the Victims of Violent Crimes Fund and must register as a gun offender whenon released.

Sentencing in the case is set for Feb. 13

Defendant Accepts Plea Deal for Fatal Stabbing, Despite Family’s Objections

A homicide defendant accepted a plea deal on Dec. 12 before DC Superior Court Judge Michael Ryan.

Frank Rooks, 56, also known as Frank Flythe, was originally charged with second-degree murder while armed for his involvement in the fatal stabbing of 31-year-old Vance Contee on Nov. 16, 2024 on the 4000 block of Kansas Avenue, NW.

In what was supposed to be a preliminary hearing, Rooks accepted a deal extended by prosecutors, which required him to plead guilty to voluntary manslaughter in exchange for the prosecution not seeking an indictment.

Through the deal, parties agreed to a sentence of eight years of incarceration.

According to the prosecution, had the case gone to trial, they would have proven beyond a reasonable doubt that on the day of the incident, Rooks and Contee were inside an apartment with a group of people who accused Contee of stealing drugs.

In an ensuring argument as Contee attempted to leave, Rooks pushed Contee and a fight occurred. Rooks stabbed Contee twice, fatally wounding him in the chest. Rooks fled the scene and did not act in self-defense or with legal justification, according to the prosecutor.

Contee’s family disapproved of the plea deal, insisting that Contee’s “life mattered,” adding that his book titled I am Alive for a Reason “stands as written proof of his growth, his accountability and his belief in redemption.”

Contee’s sister told Judge Ryan, “A plea deal that reduces killing to manslaughter, and eight years of confinement, sends a message that the permanent taking of life, a life of service, mentorship and love can be minimalized for convenience.”

“Justice is merely a resolution, it must reflect truth, proportionality and public safety,” Contee’s sister continued.

Despite the pleadings, Judge Ryan conditionally approved the plea deal.

Parties are slated to reconvene March 6 for sentencing.

Defense Challenges Accuracy of Phone Location Data in Murder Case

DC Superior Court Judge Rainey Brandt allowed testimony from a cellular analysis expert during a murder trial despite defense concerns of reliability on Dec. 9.

Steven Kiersh, Sutton’s attorney, challenged the reliability of an expert witness the prosecution planned to call to testify during the trial. Judge Brandt held a Daubert hearing, without the jury present, to determine the admissibility of the expert’s testimony.

At the Daubert hearing, the cellular expert testified–an FBI special agent with the Cellular Analysis Survey Team (CAST). The agent said he used timing advance evidence data, a type of digital forensics evidence provided by cellular networks.

According to the agent, timing advance was not created for law enforcement to use, but for phone carriers to improve users’ experience. The agent explained that cell towers emit radio frequency to estimate how far a phone is from the tower.

The agent said he received T-Mobile records from the lead detective in the case, reviewed the data, and used software to create a map. Then, the agent ensured the records aligned with the tower list generated by T-Mobile. Finally, his report was peer reviewed to ensure accuracy.

Judge Brandt asked how the agent determined the tower list was reliable and the agent said the list updated when changes occurred and he contacted T-Mobile if he had concerns.

According to the agent, the data was reliable because cell networks relied on the information. Additionally, he said the FBI recovered people based on their last known connection to a cell tower. The agent said the FBI first used timing advance in 2009 to locate a missing child in Maryland and since then, law enforcement and the military frequently used the methodology.

The method was limited, said the agent, because the data generated an arc with a device’s possible location but could not determine a specific location on the arc. However, overlapping arcs created more precision.

The agent testified during cross-examination by Kiersh that he was involved in the case since early August 2023, but did not know the number of towers in the area he reviewed. The agent told Kiersh he did not inquire if any changes in tower coverage occurred in the three months between the incident and his involvement.

Kiersh asked if a drive test was conducted during the investigation, when someone is on foot with a radio scanner measuring the strength of the closest tower. The agent said there was no drive test in the case because the timing advance method was superior and provided narrower results.

The agent told Kiersh there was no rate of error for timing advance because the measurement occurred with network activity. Kiersh asked if the method was perfect and the agent said not perfect but one of the best tools. The agent acknowledged a lack of human knowledge or understanding of the data and method could result in errors.

After the agent testified, the prosecution argued they met the Daubert standard to qualify the agent’s expert as reliable. They said the agent received the records from the detective, reviewed them for abnormalities, and there was a peer review of his report.

Kiersh disputed the reliability of the agent and said “I found his testimony troubling.” Kiersh argued the agent unilaterally decided to not conduct a drive test or determine if there were any changes in the cell towers. Kiersh asserted a drive test was the “gold standard” of CAST and the report did not indicate timing advance superseded the method.

Additionally, Kiersh claimed there was a lack of specificity in the method and no rate of error which he asserted an expert was required to establish. The prosecution responded that the rate of error was encompassed in the science itself with the arc of possible locations.

Judge Brandt found the prosecutors satisfied Daubert and allowed the agent to testify as a cellular analysis expert before the jury. The judge said both parties’ arguments ignored a key aspect of the agent’s testimony, that timing advance must be reliable or the networks would fail.

Kiersh then argued to exclude the agent’s testimony because it would be more prejudicial than probative. Judge Brandt denied Kiersh’s request because there was nothing substantially prejudicial and it added to the identity of who prosecutor’s claim drove the suspect vehicle.

After explaining his qualifications to the jury, the agent testified about his report on cell tower data collected in this case.

The prosecutors highlighted two addresses on various maps of cell tower connections. The first location was the address of the shooting, and the second location was labeled as “other.” The agent testified that was the only classification he was given and he was not aware of any relevance to the case.

The first map showed tower connections to a phone prosecutors previously tied to Sutton before noon on the day of the shooting. Two towers near the incident address were highlighted with arcs of possible locations of the phone.

A zoomed in view was displayed of the tower closest to the incident with overlapping arcs less than a block away from the incident.

The prosecution also showed a call record chart of Sutton’s phone and mentioned numbers he contacted around the time of the incident, but did not specify who they belonged to.

The agent noted there was a gap in cell tower data between 11:50 a. m. and 12 p. m. He said that while phones were always searching and connecting to towers, the providers do not always store everything.

Another page from the agent’s report was displayed with several new towers further away from the incident but near the “other” address, showing movement of the device.

A final map was displayed, with more than ten towers highlighted. The agent added a few arcs on the map to show the phone’s movement. The agent concluded the only way the phone could connect to all the towers in the time frame presented would be with a motor vehicle.

During cross-examination, Kiersh asked about the limitations of this type of data. The agent clarified that it was not an exact science, even with timing advance increasing accuracy. The arcs on the maps are a range of where the phone could be and the agent’s report noted “possible location” in his explanation.

The agent further clarified that phones don’t always connect to the closest tower if a further one offers a stronger connection. He concluded that, while cell tower data can’t pinpoint where a phone and its owner are, it can eliminate places it can’t be and suggest possible locations for it.

The Metropolitan Police Department (MPD) lead detective for the case also resumed his testimony with cross-examination from Kiersh. Although the detective did not collect the shell casings from the scene, he confirmed the .45 and 9mm caliber casings could not originate from the same firearm without modification.

The detective confirmed that throughout his interview at the police station, Sutton maintained he did not murder Coleman.

The prosecution also called a litigation technology specialist with the United States Attorney Office (USAO) to testify about a video compilation he created for the case. The prosecutors played the eight minute long video of a car icon moving through a map with surveillance cameras showing the car at various locations.

The trial is scheduled to resume on Dec. 10.

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