Search Icon Search site

Search

Jury Selection in Shooting Defendant’s Trial Delayed Due to Late Evidence

DC Superior Court Judge Danya Dayson granted defense attorneys in a shooting case more time to decide how the prosecution’s late filing will affect their trial strategy on Sept. 30. 

Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, five counts of possession of an unregistered firearm, four counts of possession of a firearm during a crime of violence, destruction of property worth $1,000 or more, and carrying a pistol without a license outside a home or business for his alleged involvement in a non-fatal shooting that occurred on the 2200 block of 13th Street, NE on June 3. 

The case was slated for jury selections and openings on Sept. 30. However, the prosecution introduced new evidence including a gun box, magazine, and ammunition that was allegedly found in the trunk of Ocran’s Tesla on the day of the shooting hours before the hearing. 

It is unclear whether these findings are connected to the 9-millimeter firearm that was used in the shooting. 

According to the prosecution, there is a transcript of the victim saying Ocran threatened to get his gun and proceeded to his trunk where the gun box, magazine, and ammunition were stored. 

Defense attorneys Elizabeth Paige White and Kevann Gardner expressed concern, explaining that the prosecution did not inform them that they were planning to use this evidence, and how this ultimately impacts the defense’s theory. 

Judge Dayson asked the prosecution why this evidence was not shared with the defense earlier.

The prosecution responded, saying the defense was aware of the transcripts from the victim’s testimonies. However, Judge Dayson reiterated that “there is a reason we ask for notice regardless of what is on record.” 

Parties are slated to reconvene and discuss these issues on Oct. 1.

Judge Rejects Tougher Restrictions for Carjacking Defendant

DC Superior Court Judith Pipe denied a prosecutor’s request for stricter supervision of a released carjacking defendant on Sept. 30. 

Shaquille Pittman, 30, and Regina Christmas are charged with assault with a dangerous weapon, armed carjacking, robbery while armed, three counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, unlawful possession of a firearm with a prior conviction, and unlawful possession of ammunition. These charges stem from their alleged involvement in an incident on the 4300 block of Polk Street, NE on July 18, 2020. 

Pittman has been on release since 2021 and during the hearing the prosecution asked Judge Pipe to place Pittman under more restricted supervision. The requested change is because the prosecution believes the severity of the crime and charges warrant the upgrade. The conditions of his current release include reporting to the Pretrial Services Agency (PSA) via phone once per week. He is also not allowed to have firearms or bullets in his possession. 

Pittman’s attorney Daniel Kolver disagreed with the prosecution, arguing Pittman has been compliant with his release conditions and consequently no threat. Judge Pipe sided with the defense, effectively denying the prosecution’s request under the belief that stricter supervision was unnecessary. 

The parties are slated to reconvene on Nov. 7.


Shooting Defendant Acquitted on 10 of 12 Charges

A jury returned a verdict in the case of a man charged with shooting his cousin before DC Superior Court Judge Carmen McLean on Sept. 24. 

Larry Carr, 21, was charged with two counts of assault with a dangerous weapon, assault with intent to kill while armed, aggravated assault knowingly while armed, five counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, and carrying a pistol without a license outside a home/business for allegedly shooting his cousin during a domestic argument. The non-fatal shooting occurred at the 100 block of Ridge Road, SE, on Oct. 22, 2023.

Following less than a day of deliberations, the jury returned a verdict, which found Carr only guilty of possession of an unregistered firearm and carrying a pistol without a license outside a home/business. He was acquitted of all other charges. 

During jury trial, the prosecution argued that Carr wanted revenge on his cousin for exposing himself on FaceTime with the defendant’s minor sister. However, the defense argued that Carr’s cousin allegedly initiated the altercation with Carr on the day of the shooting. 

Parties are slated to reconvene Dec. 12 for sentencing. 

Defense Fails to Suppress Car Charger Jail Calls 

An attorney’s argument that excerpts from a shooting defendant’s recorded jail call should not be submitted as evidence fell flat before DC Superior Court Justice Danya Dayson on Oct 1. 

Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts assault with a dangerous weapon, four counts possession of a firearm during a crime of violence, five counts possession of an unregistered firearm, destruction of property of $1000 or more, and carrying a pistol without a license outside the home. The charges stem from his alleged involvement in a shooting on the 2200 block of 13th Street, NE, on June 3. 

Parties met to discuss several pretrial motions the day before jury selection. Among the requests was an effort by defense attorneys Elizabeth Paige-White and Kevann Gardner to suppress excerpts from recorded jail calls between Ocran, his brother and girlfriend. In the recordings, they allegedly mentioned the shooting and an earlier altercation over a disconnected electric car charger at a Giant grocery store, which prosecutors allege precipitated the shooting. 

Prosecutors also moved to introduce excerpts from an Ocran jail call asking his brother to change his Hotmail password and access videos stored on Ocran’s Tesla. 

Prosecutors claimed that the conversation pointed to Ocran’s consciousness of guilt while White and Gardner argued that changing his email password was a sensible thing for anyone in his situation to do to protect sensitive information, financial and otherwise, during an investigation. 

White added that Ocran’s brother had asked about accessing the email account and Tesla videos at her behest. 

“Part of what I asked for was access to the email to get into the [Tesla] account to access the password,” White said. 

Prosecutors said that if White wanted to testify before the jury about the matter, that she would have to recuse herself from the trial. 

Judge Dayson ruled to admit the evidence and said that a jury would have to determine for themselves whether the conversation indicated consciousness of guilt or not, adding that the moment Ocran shared information with his brother the conversation was no longer protected under attorney client privilege. She also said that White should have gone through her investigator so that the court could call a fact witness to testify about the circumstances of the conversation. 

Parties also discussed whether to admit photographs of a soft gun case and a Smith and Wesson owner’s manual found in Ocran’s home as evidence. Prosecutors informed the court that the physical items could not be located in evidence and moved to submit photographs of the objects instead. Judge Dayson precluded the pictures of the gun case from being entered but allowed the prosecution to enter photographs of the gun manual over objections from the defense. 

“You can cross-[examine] on all the things you just raised,” Dayson told Gardner after overruling his objections. 

Judge Dayson also said she needed more time to consider Gardner’s arguments about impeaching some of the prosecution’s witnesses over their past convictions, though she delivered an instruction on Gardner’s request that his client be referred to by his name and not simply as “the defendant” throughout the trial. 

“I’m going to ask that to the extent that the use of the word ‘defendant’ is relevant or necessary, I’m going to ask that you limit it to that use,” Dayson instructed the court. 

“That’s progress, Judge,” Gardner said. 

Parties are slated to reconvene Oct. 2 for jury selection and opening statements. 

Government Shutdown May Delay Homicide Trial For Want of Jurors

DC Superior Court Judge Rainey Brandt spoke with parties in a homicide trial about the impact of a potential federal government shutdown on the ongoing trial on Sept. 30. 

Reginald Steele, 26, is charged with first-degree murder while armed, conspiracy, 10 counts of assault with intent to kill while armed, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, two counts of tampering with physical evidence, and five counts of possession of an unregistered firearm.

These charges stem from Steele’s alleged involvement in four separate shootings, including the murder of 13-year-old Malachi Lukes and injury of another juvenile on March 1, 2020 on the 600 block of S Street, NW. Steele is accused of a separate shooting the same day on the unit block of Channing Street, NE. There were no reported injuries. 

The other incidents include a non-fatal shooting that injured two individuals on Feb. 22, 2020 on the 700 block of Farragut Street, NW, and a non-fatal shooting that injured three on Feb. 24, 2020 on the 1700 block of 9th Street, NW.

Steele’s trial that began a month ago, was slated to continue this week, but questions arose about the possible impact of a federal government shutdown on the trial after parties received a preemptive note from a juror. The missive informed the court that in the event of a government shutdown the juror may be involved in shutdown procedures for an affected agency. 

A prosecutor said the shutdown procedures may take three-to-four hours, but it’s unclear how much of an impact it would have on the trial. 

After polling the jury, the court determined that 11 among 18 jurors are federal employees in some capacity. Even though only one juror submitted a note anticipating the government shutdown’s impact on jury attendance, Judge Brandt felt as though there likely will be more personnel disruptions if legislators aren’t able to come to a last minute budget deal.

Commenting on the ambiguous situation, Judge Brandt questioned what “the kindergarteners on the hill” will do. 

Parties are set to resume the trial on Oct. 1, but anticipate delays.

Bus Stop Mass Shooting Defendant Found Guilty

A jury convicted a mass shooting defendant of eight charges before DC Superior Court Judge Danya Dayson on Sept. 26.

Ronell Offutt, 36, was charged with five counts of assault with the intent to kill while armed, and five counts of possession of a firearm during a crime of violence for his involvement in a mass shooting that wounded five people, including a five-year-old, at a Metro bus stop the 2300 block of Pennsylvania Avenue, SE, on Feb. 4, 2019.

Of the ten charges, the jury returned a guilty verdict for eight. Offutt was acquitted of one count of assault with the intent to kill while armed and possession of a firearm during a crime of violence.

Parties are slated to reconvene on Dec. 12 for sentencing.

Alicia Gaines

Probable Cause Found in Stabbing Between Partners

DC Superior Court Judge Eric Glover found probable cause for charges against a stabbing and domestic violence defendant on Sept. 26, and denied her release. 

Michelle Bowman, 35, is charged with assault with a dangerous weapon for her alleged involvement in a non-fatal stabbing of her partner on Sept. 24 on I-295 southbound lanes, near exit four.

During the hearing, the prosecution called to the stand an officer from the Metropolitan Police Department (MPD) who responded to the scene of the crime on Sept. 24. The officer testified the victim was found lying on the ground in a pool of blood, in and out of consciousness. The victim, who is still hospitalized, identified Bowman as the suspect by her full name and birthdate, claiming she was the individual responsible.

The officer also traveled to George Washington University Hospital with the victim and stated the victim was treated for two four-tosix inch cuts, on both her left and right arm. One cut was down to the bone. When interviewed by a detective, the victim relayed she had picked Bowman up from her Maryland home and they instantly began arguing. Bowman requested the victim pull over and allegedly proceeded to throw various items from the car onto the road, including the glasses the victim’s was wearing.

According to the officer, the victim alleged Bowman slashed the back two tires with a knife the victim kept in car. Bowman allegedly swung at the victim with the knife,stabbing her.

When the officer returned to the station to begin filing a report, Bowman was there to allegedly turn herself in and talked to a detective. During the investigation Bowman said the stabbing was unintentional, stating she was merely “swinging” the knife. 

Defense attorney Joseph McCoy argued Bowman was acting in self-defense. Bowman claims that she had attempted to de-escalate the conflict before the stabbing occurred by trying to get out of the car, but was blocked by the victim.

The prosecution argued Bowman seriously endangered the victim knowingly. The judge then ruled there was probable cause for the charges, arguing the harm inflicted meets the “pretty low standards of probable cause”. 

McCoy argued for her release due to her caregiving responsibilities,maintaining her business and limited criminal history. In opposition, the prosecution emphasized the need for continued detention due to the severity of the injury sustained by the victim, Bowman’s history of domestic violence, and her risk to public safety.

The judge sided with the prosecution, citing the severity of the offense and evidence suggesting Bowman’s violent behavior is “escalating” and “concerning.”

The parties are slated to reconvene on Oct. 17.


Sage Arpaia

Defense Says Prosecution Didn’t Preserve Evidence in Stabbing Case

Controversy about a police search of a car that was a crime scene was argued during a motions hearing before DC Superior Court Judge Michael Ryan on Sept. 23.

Jerrell Smith, 33, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and carrying a dangerous weapon outside the home for his alleged involvement in a non-fatal stabbing that took place on June 2, 2023. Court documents are not clear on where the incident occurred but police responded at the United Medical Center on the 1300 block of Southern Ave SE.

The defense, led by Hannah Claudio, raised a failure to preserve motion and stated that the car where the stabbing occurred was not properly processed by the responding officers or crime scene analysts, which could have yielded evidence beneficial to their case.

Prosecutors argued that, even though DNA evidence was not taken from the crime scene, two witnesses were able to place a person identified as Smith in the vehicle at the time of the incident.

The detective stated that he was given verbal consent to search the vehicle by its owner, but that the owner was anxious to go home and did not want the car taken away. Because of this, a cursory search was done which involved photographing the contents of the vehicle but not swabbing for prints or DNA. 

Cross examination of the witness revealed conflicting information about the nature of the assault. The two witnesses in the car told the Metropolitan Police Department( MPD) that the assault had taken place in the vehicle and that they had driven the victim to the hospital, where police responded to the call. The victim, however, had told the officer that he was stabbed outside a Metro station and walked to the hospital.

Judge Ryan stated that he will need time to decide whether the case should be dismissed over this failure to preserve motion and said he would like to see how the evidence develops first.

Parties are set to reconvene on Sept. 24


Judge Says He’s ‘Stunned’ at Prosecution’s Handling of Serious Cases

DC Superior Court Judge Neal Kravitz was sympathetic to some arguments from defense attorney Kevin O’Sullivan about the validity of evidence gathered against a shooting defendant on Sept. 29. However, the judge also had some harsh words for the prosecution.

Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy while armed, two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, unlawful possession of a firearm, carrying a pistol without a license outside a home or business, assault with significant bodily injury while armed, three counts of possession of a firearm during a crime of violence while armed.

Lubin is also charged with possession of a prohibited weapon. These charges are in connection to their alleged involvement in a non-fatal shooting that injured two individuals on the 4600 block of Benning Road, SE, on July 24, 2023.

On Aug. 12, Judge Kravitz ruled that Young and Lubin would be granted separate trials, after Young’s defense attorney requested severance from Lubin. 

During the Sept. 29 hearing, parties addressed several motions concerning the admissibility of key evidence, related to physical and digital evidence obtained by detectives during the investigation in 2023. 

Defense attorney Kevin O’Sullivan first argued for the suppression of GPS data from Lubin’s car, which was originally obtained in a search without a warrant in July of 2023. O’Sullivan said the prosecution did not obtain a relevant search warrant until two years later, granted by DC Superior Court Judge Dayna Dayson on Aug. 7, 2025.

Judge Kravitz found that the detective who led the investigation understood the importance of the GPS data in connection to the shooting, and would have sought a valid search warrant regardless. He said the evidence that was obtained without a warrant did not lead to any new information or investigative breakthroughs. 

Judge Kravitz therefore ruled that the evidence that was originally obtained from an unlawful search to be admitted in court if it was later obtained in a separate, lawful process.

With that, the defense’s motion to suppress the GPS data from Lubin’s car was denied.

The defense also highlighted concerns with the physical evidence taken from Lubin’s car, a red Hyundai, and filed a motion to suppress this evidence as well. When the court asked the defense about this filing, O’Sullivan stated that he was prepared to rest on the argument.

The defense had previously argued that the detective had not received consent from the car dealership where the red Hyundai was registered. 

The prosecution then presented an email chain to Judge Kravitz from the general manager of the dealership and the detective. In the email chain, the manager of the dealership explicitly stated his consent for the detective to search the vehicle, and confirmed the Vehicle Identification Number (VIN) of the red Hyundai.

Judge Kravitz ruled that it was undeniable that the detective had received consent, and denied the defense’s motion to suppress the physical evidence from Lubin’s car. 

The prosecution also argued that a teal shirt had been recovered from the car during the search, which allegedly matched the description of the shirt that the shooter was seen wearing on CCTV footage from before the shooting.

Additionally, the defense had also filed a motion to suppress the physical evidence that had been found during the search of Lubin’s home. This motion also requested for a Frank’s hearing to be held, where the validity of a search warrant by arguing that it contained false statements or statements made with reckless disregard for the truth would be challenged.

O’Sullivan claimed that the warrant affidavit did contain false and inaccurate statements, which included the claim that Lubin’s car remained at his residence the night of the shooting, and the fact that Lubin’s car was parked on the same block of the shooting when the shooting occurred.

The defense also argued that the detective was acting on a gut feeling when drafting the affidavit, and did not have enough information to properly identify Lubin as the shooter. 

O’Sullivan showed a PowerPoint presentation to the court that explained the lack of concrete evidence the detective had while drafting the affidavit, as well as at the time of Lubin’s arrest. The PowerPoint referenced the detective’s prior testimony, and also featured videos of Lubin and the detective in the interrogation room prior to Lubin being taken into custody in 2023.

“It is the detective’s instinct to say something to nullify any constitutional objection when confronted with something he did that was an error,” O’Sullivan said.

The defense also argued that the detective was matching broad descriptions of the shooting suspect’s clothing, such as ripped jeans, a teal shirt, a teal hat, and gray sneakers that were not distinct enough to identify a suspect.

The court agreed that the phrasing in certain parts of the affidavit were misleading, specifically when describing “suspect 2” and “the shooter” as the same person. 

However, Judge Kravitz argued that the visible and distinct white markings made the identifying evidence strong, given the distinct white marks on the shooter’s jeans, as well as a similar build, shoes, and belt, in addition to the fact that the individual was with the same person before and after the shooting.

Judge Kravitz excised these statements from the affidavit, but still found probable cause nonetheless. He then ruled to deny the motion to suppress the physical evidence from Lubin’s home, as well as a Frank’s hearing. 

Tension heightened over the prosecution’s proposed expert witness, a special agent that is part of the FBI Cellular Analysis Survey Team (CAST), to testify about cell-site data from Lubin’s phone the night of the shooting.

The defense claimed that the prosecution failed to comply with Rule 16 requirements, which require the government to disclose certain information to the defendant upon request, in order to ensure fairness between both parties.

The rule 16 obligates the prosecution to provide a disclosure with the expert witnesses’ prior publications, qualifications, prior testimony, and signature. The defense stated that they had only been given the expert’s CV, and received a notice that did not contain the expert’s signature.

Judge Kravitz similarly expressed concern with the missing expert background information, but gave the prosecution additional time to reach out to their witness to clarify what information was missing.

“My expectation here is that there would not be a Rule 16 violation,” Judge Kravitz said. “I repeatedly find myself stunned at the way things are in the matter of prosecutors handling serious cases like this.”

The defense also addressed requests for messages between witnesses and victim advocates, as well as records related to a witness’ prior arrest. The defense argued that this could constitute Brady material, which refers to any evidence in possession of the prosecution that is favorable to the defense and could affect the outcome of trial. 

According to O’Sullivan, if the witness was arrested and recorded on bodycam footage disclosing their involvement as a government witness, it could cast doubt on the witness’s credibility, which also constitutes Brady material.

The prosecution agreed to review and respond.

Parties are slated to convene Sept. 30.

——————————————————————————————————–Luci Garza

Judge Removes Stabbing Defendant’s GPS Tracker

DC Superior Court Judge Robert Salerno granted a defense motion for a stabbing suspect to be taken off GPS monitoring on Sept. 23.

Roshawn Petway, 40, was charged with assault with a dangerous weapon and aggravated assault knowingly while armed for allegedly stabbing a woman on 3300 block of 10th Place, SE on April 22. 

Defense counsel Lisbeth Sapirstein asked Judge Salerno to “step her[Petway] down” since Petway hadn’t violated any conditions of her stay away order and the indictment deadline isn’t until February 2026. 

The prosecution argued that due to two alleged violations where the victim claimed Petway came to the property without a police escort and the serious pending charges, they’re against taking her off the monitor. 

However, the Pretrial Services Agency (PSA) found no violations of the stay away order. 

Judge Salerno granted the defense’s motion to be taken off of GPS, however, the rest of the stay away order would remain. 

The parties are slated to reconvene Feb. 3. 

Counsel Argue Over Who Threatened Who

During opening arguments Sept. 29, counsel disputed whether the shootings between a defendant and victim occurred over a woman.

Nigel Pulliam, 32, is charged with two counts of assault with intent to kill while armed, assault with intent to commit robbery while armed, four counts of possession of a firearm during a crime of violence, two counts of unlawful possession of a firearm, two counts of possession of an unregistered firearm, two counts of carrying a dangerous weapon outside of a home or business, and two counts of unlawful possession of ammunition.

The charges are in connection to two cases. In one case, Pulliam is alleged to be involved in a non-fatal shooting on Aug. 29, 2022, on the 2000 block of Benning Road, NE. Pulliam is also alleged to have been involved in a non-fatal shooting on May 29, 2022.

The prosecution asserted that the shootings occurred over a woman Pulliam allegedly had a romantic relationship with. According to the prosecution, the woman began developing a relationship with the victim at the same time.

The prosecution said Pulliam tried to kill the victim twice, first in May and again in August.

In May, according to the prosecution, was during a meeting was held at a house owned by someone both the defendant and victim knew as a motherly figure. Pulliam allegedly became enraged, flashed a gun, and ordered the victim to get out of the house.

Prosecutors said the victim tried to escape in a car, but Pulliam followed him and shot into his car, injuring the victim’s left wrist.

Footage of another shooting in Aug. 29 depicted an individual, believed to be Pulliam, exiting a store and firing at a vehicle. The victim was not injured in this incident.

During the opening argument, the prosecutor said their case would show that shell casings left at the scene of the crime were consistent with a firearm that was recovered.

The prosecution argued the defendant made several threats toward the victim, which were recorded either by voice calls, text messages, or video footage.

Pulliam’s defense attorney, Sara Kopecki, argued that the incidents did not occur over a woman, but over drug dealing.

Kopecki also said Pulliam is not guilty of trying to kill the victim, explaining that Pulliam was threatened by the victim.

The victim is a drug dealer who was trying to expand their turf, Kopecki said. She also insisted that the victim was working with the cops to set Pulliam up.

The defense urged the jury to look at the surveillance footage closely, noting that Pulliam did not immediately follow the victim out of the store and did not directly fire at the car.

Kopecki stated that the footage represents an attempt to send a strong message like, “enough”.

Following the jury’s dismissal, the prosecution stated that they did not agree with the assertion that the victim was a drug dealer.

Counsel also argued over the admissibility of drugs found near the defendant when he was stopped by police.

The defense said the drugs were not attributable to Pulliam, while the prosecution said they were. A ruling about the admission of the drugs as evidence was not made.

Parties are slated to reconvene on Sept. 30 before DC Superior Court Judge Todd Edelman.

Stabbing Defendant Wants Mental Health Plan

DC Superior Court Andrea Hertzfeld ordered Saint Elizabeths Hospital to provide a psychiatric treatment plan for a stabbing defendant hoping to win release during a hearing on Sept. 23. 

Devyn Cyphers, 27, is charged with assault with a dangerous weapon for her alleged involvement in the stabbing of her best friend at the 300 block of Maryland Avenue, NE, on July 31.

According to court documents, the incident stemmed from a verbal disagreement between the two and Cyphers allegedly stabbed her in the neck. 


During the mental observation hearing, Cyphers’s attorney, Peter Odom revealed that Cyphers was too paranoid to see him when she was first charged. However, he says, Cyphers has since received responded to treatment at Saint Elizabeths Hospital.

Odom subsequently requested Cyphers be released to her parents, who live in Texas. Odom argued Cyphers lost her house and her job in the District, and if she’s sent back to the DC Jail she would relapse for lack of mental health treatment. 

However, the prosecutor countered there was no solid release plan for Cyphers and that she was completely mentally stable lacking a specific diagnosis. Thus, in the prosecutor’s view, Cyphers release factors posed potential danger to the community.

Cyphers’ mother proposed a treatment facility near their home in Texas which the prosecution said was insufficient.

Odom proposed to go back to Saint Elizabeths Hospital for a discharge and treatment plan in Texas. However, the prosecution responded, stating that “to be clear, a discharge plan of recommendation is not a plan.”

Judge Hertzfeld determined that she would need to see hospital records before making a decision on the release.

After a short recess, Judge Hertzfeld the hearing be resumed on Sept. 25.

Parties are slated to reconvene on Sept. 25.

Stabbing Defendant Wants to Attend Workers’ Compensation Hearing

A stabbing defendant requested release with bond during a felony status hearing before DC Superior Court Andrea Hertzfeld on Sept. 23 in order to attend a workers’ compensation hearing.

Robert Lance Harris, 59, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that took place on the 3700 block of Minnesota Avenue, NE, on July 1.

During the hearing, counsel for Harris, Adgie O’ Bryant, said that it was very important for Harris to attend the hearing.

Scheduled for Sept. 25, the defense’s position is that Harris’ absence could result in his claim’s being dismissed or the outcome biased toward his employer. Thus, could Harris potentially lose medical coverage, wage replacement, or permanent disability compensation.

The prosecution opposed the request, wanting the chance to submit a written response. Judge Hertzfeld ordered the argument be submitted by Sept. 30, after the hearing, leaving Harris’ appearance in doubt.

The parties are slated to reconvene on Oct. 1.

‘Larry Had to Think Fast to Save His Life,’ Defense Says of Family Shooting

Parties gave their closing statements regarding a family shooting before a jury and DC Superior Court Judge Carmen McLean on Sept. 23.

Larry Carr, 21, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, five counts possession of a firearm during a crime of violence, possession of an unregistered firearms, and carrying pistol without a license outside home/business for allegedly shooting his cousin during a domestic argument. The incident occurred on Oct. 22, 2023 at the 100 block of Ridge Road, SE.  

In their closing statements, prosecutors cast Carr as the aggressor, trying to undermine any claims that he acted in self-defense in shooting his cousin. Prosecutors brought up the troubled history between Carr and the victim, who exposed himself to Carr’s young sister and assaulted another child months before the shooting, claiming that Carr was waiting for the opportunity to take revenge. 

“Ladies and gentlemen, this is all about anger and how the defendant just couldn’t let it go,” prosecutors said.

Prosecutors argued that Carr was trying to take the law into his own hands and punish the victim himself instead of letting the prosecution’s investigation play out. The victim has since been charged in both the exposure incident as well as the assault on a disabled minor. Carr reportedly confronted the victim over the phone and on Instagram live for both of these incidents weeks before the shooting.

In their description of the shooting, prosecutors focused on the fact that Carr’s other cousin had stepped between him and the victim, who was brandishing a knife, and that Carr could have fled out of the back door if he truly felt that his life was in danger.

“Everybody was trying to get him to put that firearm down,” prosecutors said, adding, “[Carr] just wanted him gone.” 

In addition to their verbal arguments, prosecutors also showed the jury body camera footage of the victim lying in a pool of his own blood, screaming “help” and played a recorded 911 call in which the victim’s sister can be heard screaming for help and saying that her cousin just shot her brother. 

Prosecutors insisted Carr was the instigator.

“You know that the defendant jumped off the couch and pointed a firearm at [the victim] before anything else happened,” prosecutors said.

Where prosecutors portrayed Carr as vindictive, his defense attorney portrayed him as a young man fearing for his life in a confrontation with a known abuser. Carr awoke to find the victim standing in the entranceway, knife in hand, according to Carr’s defence attorney, Teresa Kleiman. 

She argued the victim’s history of abuse to minors and the deteriorating relationship between him and Carr, who had vocally denounced him months prior.

“He wanted to get the kid who outed him on Instagram,” Kleiman said about the victim. 

Kleiman used witness testimony from family members who were in the house on the day of the shooting to argue that Carr put the gun down at one point in the confrontation but that the victim never put his knife away. Kleiman also established the timeline of the shooting to argue that Carr was thrust into the situation and forced to act quickly. 

Kleiman said that the victim entered the home where Carr was staying at 11:22 a. m. and that two minutes elapsed before the shooting occurred, according to witness testimony from a Metropolitan Police Department (MPD) officer and CCTV footage. 

“Larry had to think fast to save his life. In two minutes [the victim] caused another fracture in this family,” Kleiman said. 

The defense quoted allegedly threatening statements the victim had made to Carr over the phone weeks before the shooting saying he would “turn up” on Carr when he saw him and telling Carr, “give me the address Larry, I’ll be right there.”

In her final appeal to the jury, Kleiman argued that Carr might not be alive in the courtroom if he had not pulled out a gun and that the accounts provided by the prosecution’s own witnesses showed that Carr acted in self-defense.

“Ladies and gentlemen, there are still some good laws in DC and one of them is you can defend yourself,” Kleiman told the jury. 

Finally, prosecutors argued that there were other ways for Carr to resolve the situation and said that the victim was backing up towards the front door when the shooting happened. 

“They were supposed to be a family. They were supposed to talk about things, get through things,” prosecutors said. 

Parties are slated to reconvene when the jury reaches a verdict. 

Defense Challenges Prosecution’s, ‘Larger Than Life Conspiracy,’ in Teen’s Homicide

A murder defendant’s attorney didn’t want the jury to see controversial music videos in a trial before DC Superior Court Judge Rainey Brandt on Sept. 24, contending that the evidence is prejudicial to her client.

Reginald Steele, 26, is charged with conspiracy, first-degree murder, ten counts of assault with intent to kill while armed, assault with a dangerous weapon, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, five counts of possession of an unregistered firearm, and two counts of tampering with physical evidence. 

These charges stem from Steele’s alleged involvement in four separate shootings, including the murder of 13-year-old Malachi Lukes and injury of another juvenile on March 1, 2020 on the 600 block of S Street, NW. Steele is accused of a separate shooting the same day on the unit block of Channing Street, NE. There were no reported injuries. 

The other incidents include a non-fatal shooting that injured two individuals on Feb. 22, 2020 on the 700 block of Farragut Street, NW, and a non-fatal shooting that injured three on Feb. 24, 2020 on the 1700 block of 9th Street, NW.

According to court documents, Steele and his co-defendants killed Lukes to retaliate against the fatal shooting of fellow “3500” crew member Tahlil Byrd.  

Defense attorney Megan Allburn said one particular music video the prosecution wanted to show the jury is “completely” inadmissible, arguing prosecutors would unjustly interpret and use the lyrics to advance their argument.

Allburn maintained that Steele neither produced the music video nor appeared in it, and the prosecution was attempting to raise a complicated issue beyond the scope of the proceeding. Allburn said the prosecution is operating on a “larger than life conspiracy.”

Meanwhile, prosecutors contended that the evidence is relevant to the trial, because one witness testified he was unaware of the rivalry between the 3500 and the “9th Street” neighborhood crews. They argued he must be aware of the conflict because he appears in the video.

The prosecution asserted the clip conveys how upset the defendants were with Byrd’s killers because there was a reference to Byrd “at every turn.”

“This man was larger than life,” the prosecution said. 

Prosecutors said their goal is for the witness to concede he is aware of the rivalry and admit who is involved. They clarified they do not only aim to discredit his testimony but prompt him to admit what he knows.

Judge Brandt denied the defense’s objection. She maintained that presenting the video and hearing the witness’ response will help determine how relevant it is to the case. She also said the defense line of argument demonstrates they not want to be left with problems that may arise from the witness’ additional testimony. 

The prosecution argued another music video is relevant to the case because Byrd raps about how he was known as “NW Goon.” 

Meanwhile, Allburn argued that the clip should be muted until Byrd utters “NW Goon” because everything else is irrelevant and incredibly prejudicial to “a man sitting here [in a] white shirt and black tie.”

Prosecutors maintained it is relevant and non-prejudicial, so they should be allowed to present their position regardless of the defense’s desires.

Judge Brandt agreed to the defense’s request that they can comment to the jury after the clip plays, and the prosecution did not object. 

Further, the prosecution sought to include another music video because it features a witness and relevant locations, prompting Allburn to ask the judge to give the jury limiting instructions.

Judge Brandt agreed to instruct the jury but would not isolate pieces of evidence because the jurors are the “fact-finders,” not her. She said she should tell them what to disregard from the video, not which conclusions to draw from it. 

Parties are slated to reconvene Sept. 25.