Document: Arrest Made in a Northeast Fatal Shooting

The Metropolitan Police Department’s (MPD) Homicide Branch announced an arrest has been made in connection to a shooting that killed a man on Nov. 12 on the 700 block of 16th Street, NE.

According to MPD documents, officers were responding to a report of the sounds of gunshots, when they were flagged down and directed to the rear of the location. They located an adult male shooting victim inside of a vehicle. The victim succumbed to his injuries at the scene.

The victim was identified as 41-year-old Kelvin Hamlett.

During the on-scene investigation, a suspect was developed, and a lookout was broadcasted. MPD located and apprehended the suspect, who was found to be in possession of a handgun.

The suspect, identified as 46-year-old John Dickens II, was arrested and charged with second-degree murder while armed.

Document: Southeast Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Nov. 11 on the 3500 block of Stanton Road, SE.

According to MPD documents, officers responded to the location for the report of a shooting. Upon arrival, officers located an adult male with gunshot wound injuries. The victim succumbed to his injuries at the scene.

He was identified as 38-year-old James Deale.

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 that occurs in the District.

Document: Teen Arrested for a Homicide

The Metropolitan Police Department’s (MPD) Homicide Branch announced a 17-year-old male was arrested for a homicide that occurred on Nov. 3 on the corner of 14th Street and Fairmont Street, NW.

According to MPD documents, officers responded to the location for the report of sounds of gunshots. Upon arrival, they located a juvenile male with gunshot wound injuries. He was transported to a local hospital, where he succumbed to his injuries.

He was identified as 14-year-old Niko Estep.

A second juvenile victim was located on the 1400 block of Fairmont Street, NW, conscious and breathing. He was transported to an area hospital with non-life-threatening injuries.

On Nov. 9, MPD arrested and charged 17-year-old Lorenzo Thompson with second-degree murder. Thompson is being charged as an adult under Title 16.

Document: Teen Arrested for Southwest Shooting

The Metropolitan Police Department (MPD) announced an arrest in connection to a shooting that occurred on Oct. 2, on the 2100 block of Second Street, SW.

According to MPD documents, officers were responding to a call for service when they heard gunshots in the area. Upon arrival, they located two men and a juvenile with gunshot wound injuries. They were transported to local hospitals for treatment. The investigation determined that two parties exchanged gunfire.

On Nov. 8, a 17-year-old male was arrested and charged with assault with a deadly weapon (gun) for his alleged involvement in the shooting. He was also charged with armed carjacking in connection to a May 30 incident.

This is the second arrest made in connection to the shooting.

Defendant Accepts Plea Agreement in a 2015 Shooting Case

On Nov. 9, a defendant accepted a plea offer before DC Superior Court Judge Anthony Epstein.

Timothy Dugger, 37, was originally charged with assault with intent to kill, possession of a firearm during a crime of violence, and aggravated assault knowingly while armed for his alleged involvement in a shooting that occurred on Sept. 11, 2015. The incident left one individual suffering from life-threatening injuries.

Dugger accepted an offer that required him to plead guilty to aggravated assault knowingly while armed, in exchange for the dismissal of all other charges and a sentence of 108 months in prison.

According to the prosecution, had the case gone to trial, there would be evidence to prove beyond a reasonable doubt that Dugger shot the victim.

The prosecution submitted a proffer of the crime as they believe it occurred which stated Dugger picked up the victim, his fiance, and a child from a Metro station. He dropped off the victim at a residence and when the victim attempted to re-approach the vehicle, the defendant pulled out a gun and shot at the victim three times.

Judge Epstein confirmed that he was satisfied with the defendant’s understanding of his terms and he accepted the guilty plea as it was “knowingly and voluntary”.

Dugger’s defense attorney, Dana Page, asked the court to accept the 108 month sentence that was outlined in the plea agreement. Page stated that Dugger received his GED and some college while incarcerated. She stated Dugger has made significant changes to his life while being incarcerated for eight years and two months in this case and has received multiple certificates in HVAC training and creative writing.

Page also stated that Dugger has multiple letters from individuals advocating on his behalf, one specifically from a man whose life was saved by Dugger. According to the letter, in an incident while incarcerated, Dugger provided life-saving care that stopped major bleeding from this individual, which ultimately saved his life.

A second letter shared with the court was from an individual who stated they are willing to employ Dugger upon his release as a porter, where he would work as a groundskeeper and trash collector at a specific location. Based on these circumstances, Page asked the court to accept the 108 month sentence that would be served concurrently to a previous sentence in a separate case and would get credit for time served.

Dugger addressed the court himself and stated that he has “big remorse” for what he did, and “I feel like I have been rehabilitated and I am trying to get back home and do the right thing.”

Judge Epstein accepted the sentence outlined in the plea agreement and imposed the nine year sentence. Epstein ordered for the sentence to run concurrent with his other sentence. He is also required to register as a gun offender, and must pay $100 to the victim’s fund within five years.

Dugger currently has 10 months left to serve and he will remain on supervised release for a total of five years once released.

Non-Fatal Shooting Convict Motions for New Trial

On Nov. 9, Joshua Hemphill motioned for a new trial after a witness allegedly testified while intoxicated.

On June 7, Hemphill was found guilty of 22 counts, including assault with intent to kill, assault with a dangerous weapon, and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting where, according to court documents, he broke into his ex-girlfriend’s apartment and shot her in the head. The incident occurred on Sept. 21, 2018, on the 2400 block of Wagner Place SE.

According to Jason Clark, Hemphill’s defense attorney, the victim was uncooperative during her testimony and claimed not to remember much of the event due to her injuries.

A motion, which was filed by Clark on June 14, describes her as “generally unruly,” listing behavior such as calling the prosecutor a “fool”. When asked if she wanted to be there, the victim responded “f**k no.” She also left the stand at one point during her testimony.

Clark claims that the victim was intoxicated at the time of testimony.

Court documents state that she was acting in a way consistent with intoxication, and that she had told prosecution she would be drunk when taking the stand.

Judge Lynn Leibovitz is set to rule on the motion on Feb. 2.

If the motion is denied, she will sentence Hemphill that day.

Judge Orders Drug Testing for Homicide Defendant

On Nov 9, DC Superior Court Judge Okun ordered homicide defendant Dwayne Fountain to perform weekly drug testing.

Fountain, 43, is charged with second-degree murder while armed for his alleged involvement in a homicide of 47-year-old Marcus Carey that occurred on May 4 on the 3500 block of Hayes Street, NE.

A Pretrial Services Agency (PSA) representative informed Judge Okun that Fountain had left his home without permission on multiple occasions, which is a violation of his home confinement release condition. However, these were mostly for short periods. Judge Okun referred to this offense as minor.

Defense attorney Jason Tulley asked for Fountain to stay on release because he has been on house arrest for four months and only recently has had minor violations.

According to Tulley, some of the infractions stemmed from Fountain’s taking out garbage.

The prosecutor requested that Fountain be detained for his violation of home confinement. According to the prosecutor, Fountain’s alleged involvement in the homicide is a serious crime and he may pose a danger to the community.

According to the prosecution, Fountain has only been tested for drugs once, when he was first put on release back in July, and requested he be required to take a spot test to identify drug use once a week.

Judge Okun denied the request to revoke Fountain’s release conditions, arguing that many violations were minor. However, he did grant the prosecution’s request for weekly spot testing.

The parties will reconvene on Nov. 28 to check if Fountain follows the terms of his home arrest.

Judge Sends Homicide Defendant to Treatment Program

On Nov 9, DC Superior Court Judge Robert Okun ordered homicide defendant Nichelle Thomas to complete a bed-to-bed treatment plan.

Thomas, 35, is charged with first-degree murder while armed, two counts of accessory after the fact, and three counts of obstructing justice, for her alleged involvement in the fatal stabbing of 42-year-old Anthony Jordan, which occurred on Aug. 4, on the 2500 block of Pomeroy Road, SE.

Thomas, who was on release as she awaited further proceedings, failed to appear in a Nov. 1 hearing. Due to her absence, Judge Okun issued a bench warrant.

A bench warrant return hearing was held on Nov 7, during which Judge Okun asked the Pretrial Services Agency (PSA) to screen Thomas to see if she would be eligible to do a rehabilitation program.

PSA conducted a screening of Thomas, and deemed her eligible for a 90 day bed-to-bed treatment plan.

Judge Okun ordered Thomas to complete the 90 day program, for which she will be placed as soon as there is an opening.

There is a felony status conference scheduled for Dec 12 to check in on Thomas’ progress.

Homicide Defendant’s Motion for Due Process Release Continued

On Nov. 9, the defense presented a motion to release the defendant in a 2020 homicide case. The request was continued by DC Superior Court Judge Maribeth Raffinan for time to review the request.

Deon Walters, 20, is charged with first-degree murder while armed, attempt to commit robbery while armed, possession of firearm during crime of violence, possession of firearm during crime of violence, and unlawful possession of a firearm, for his alleged involvement in the fatal shooting of 42-year-old Arthur Daniels IV on Oct. 1, 2020, on the 6000 block of 8th Street, NW.

Walters’ defense attorneys, Candace Mitchell and Sylvia Smith, filed a motion to release Walters on personal recognizance as they allege that his due process rights to a speedy trial have been violated.

They presented the so-called Barker Factor in their motion, which argues that “four factors [length of the delay, reason for the delay, prejudice to the defendant, and defendant’s assertion of the right to a speedy trial] must be balanced in determining whether the right to speedy trial has been violated,” which caused discussion among the parties since the defense did not specifically mention a dismissal in their motion.

The prosecution argued that Walters continues to pose a danger to the community, but they need to review the Barker Factors in this case.

Judge Raffinan agreed with the prosecution that the defense did not indicate “that they ask for dismissal under Barker” and the word “dismissal [was not] included but the Barker Factors were” in the motion regarding release.

The defense explained that the motion contains an “emphasis on release based on due process.”

Ultimately, Judge Raffinan concluded that the hearing will be continued until Nov. 13 to give the prosecution more time to fully brief the Barker Factors, in addition to allow both parties time to assert their arguments.

Homicide Defendant Rejects Plea Offer

On Nov. 9, a homicide defendant rejected a plea offer extended by the prosecution.

Johnwann Elliott, 30, is charged with first degree murder while armed, two counts of possession of firearm during crime of violence, assault with intent to kill while armed, unlawful possession of a firearm, and carrying a pistol without a license outside home or business, along with charges, for his alleged involvement in the fatal shooting of 37-year-old Nikia Young on the 2200 block of Minnesota Avenue, SE, on March 15, 2022.

According to court documents, witnesses stated that Elliott allegedly sought Young out regarding a stolen firearm prior to the crime.

According to court documents, surveillance footage recovered by the Metropolitan Police Department (MPD) displays an individual, identified as Elliott, boarding and exiting a Metrobus to allegedly shoot Young. He is later shown fleeing the scene.

Elliott rejected an agreement that would require him to plead guilty to second-degree murder while armed and carrying a pistol without a license, in exchange for a dismissal of all other charges, and an 18-month sentence on his carrying charge.

DC Superior Court Judge Maribeth Raffinan confirmed that she was satisfied with the defendant’s rejection of the plea offer.

Elliott is expected to appear before Judge Rafinnan on Nov. 13 for a jury trial.

Homicide Defendant Plans to Withdraw Guilty Plea

On Nov. 9, DC Superior Court Judge Rainey Brandt discussed a homicide defendant’s wish to withdraw a guilty plea with parties.

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 wants to withdraw his guilty plea.

Marnitta King, Hall’s defense attorney, alerted the court she had met with Hall to discuss the request, and had found out the CSOSA claims were true. She also alerted the court she is in the midst of drafting a motion to withdraw the plea.

Judge Brandt stated that, under Rule 11, a judge may grant the defendant’s request to withdraw a guilty plea if they prove a “fair and just reason” for their request.

King will file a motion by Nov. 20, and the prosecutors will respond by Dec. 8.

Judge Brandt vacated his Nov. 27 sentencing hearing, and scheduled a motions hearing for Dec. 14.

Case Acquitted: ‘Use Your Common Sense’ Prosecutors State, as Parties Deliver Closing Arguments in 2020 Homicide Case

This case was acquitted on Nov. 15, 2023.

On Nov. 8, parties provided closing statements for a 2020 homicide case in front of DC Superior Court Judge Anthony Epstein.

Michael Austin, 29, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the murder of 26-year-old Kayvon Kinney on May 24, 2020, on the 1800 block of Gainesville Street, SE.

Starting their closing arguments, prosecutors told the jury, “We’re asking you to use your common sense about what happened in this case”.

Prosecutors displayed a video of the argument between Austin and Kinney, where an unidentified person can be heard stating, “Mikey, no! Stop.” They argued the video footage, along with the testimony of multiple witnesses, were the key pieces of evidence in this case.

Displaying another video, prosecutors showed Austin arriving at a retirement home where his mother worked, alleging she was helping him in the aftermath of the shooting. Prosecutors narrated the video, displaying Austin leaving the building while his mom exited a different way as she went to unlock her car.

Prosecutors alleged Austin’s mom was attempting to hide the license plate of the car from cameras by angling it away from them. They also argued she appeared to conceal a firearm in a plastic bag before getting back into the car.

Austin’s defense attorney, Jason Tulley, argued there is a complete lack of evidence showing that Austin was the shooter.

According to Tulley, eyewitness testimony described the shooter as wearing “blue jean shorts, not wearing a hat, had a short fade, and was clean shaven”. Tulley displayed a picture of Austin at the time of the incident and explained that Austin had a beard, glasses, and hair that did not resemble a fade.

Tulley also emphasized that the investigation was poorly conducted by the Metropolitan Police Department (MPD), specifically emphasizing that Austin was arrested before any description of the shooter was actually given to detectives.

According to Tulley, “leads were ignored, and not followed.” He stated that eyewitnesses of the shooting were not found until four months after the incident, with one individual found by accident two years later, whose description didn’t match Austin’s physical appearance.

Tulley argued that the video showing Austin running to his car after the gunshots does not make him guilty, insisting he was attempting to flee for his own safety.

Lastly, Tulley described the National Integrated Ballistic Information Network (NIBIN) report that was given to detectives during the investigation, which stated that there was a “significant potential that the firearm used in this shooting was involved in another shooting,” which is alleged to have occurred after Kinney’s death. According to Tulley, the report indicated the probability was substantial and “an investigation is warranted”.

Despite the information received in the NIBIN report, detectives failed to investigate the lead any further, even though Austin was known to be nowhere near the second incident that potentially involved the same gun.

Tulley advised the jury, “Don’t be fooled,” claiming that Austin left the scene because there was a shooting and there is no evidence that actually places Austin in the back parking lot, where the shooting occurred.

Tulley requested the jury find Austin not guilty of all charges.

During their rebuttal, prosecutors argued a witness had testified the shooter appeared to be left-handed, and remarked that Austin had been writing with his left hand for the entirety of the trial, and signed MPD documents with his left hand during his interviews.

In reference to the defense’s argument that Austin’s mom was an alcoholic and was concealing alcohol in her car rather than a gun, prosecutors argued the defense was, “throwing her under the bus”.

Prosecution also pointed out that surveillance footage displays Austin’s mom wearing a mask and gloves after her son arrives, which she wasn’t wearing previously. Prosecutors argued this would correlate to her wrapping up a gun rather than concealing alcohol.

Closing their argument, prosecutors stated “Kinney, at the age of 26, was shot eight times for an argument”.

The jury has started their deliberations and are expected to continue for the next few days.

Witness Could Face Deportation in a Murder Trial

At a Nov. 8 status hearing before DC Superior Court Judge Maribeth Raffinan prosecutors and defense attorneys sparred about whether a murder witness facing deportation can testify in a deposition.

Oscar Ramos, 34, is charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, and assault with intent to kill while armed, for his alleged involvement in the fatal shooting of 50-year-old Pedro Alvarado on May 28, 2015, on Interstate 295 North at exit one, SW. The incident left another individual suffering from non-life-threatening injuries.

Ramos was indicted on Sept. 30, 2021, six years after the shooting occurred and arrested on April 20, 2022.

According to court documents, the prosecution filed a motion on Nov. 2 to allow a witness to give a deposition at trial on March 18, 2024. The sworn statement would be in lieu of an in person appearance.

The prosecution stated in the motion that they want the witness’s testimony since the individual was inside Alvarado’s car, which was allegedly shot at multiple times by Ramos.

According to prosecutors, the witness’ testimony is important because he will detail statements allegedly made by Ramos during the shooting as well as seeing Ramos destroy evidence about the shooting sometime after the shooting happened.

When the witness was served with a subpoena by prosecutors, a United States Immigration Judge ordered that the person deported since he is not a U.S. citizen. The ruling was affirmed on appeal.

Prosecutors argued in the motion that there is not a DC Court of Appeals precedent that addresses a witness’s likely deportation or eventual removal from the U.S. before a trial; therefore, a pretrial deposition would be “in the interest of justice.”

The witness, who had been held by U.S. Immigration and Customs Enforcement (ICE), is now being held by the DC Department of Corrections, on an order requiring the person to testify in the trial.

The prosecution stated that when the U.S. Marshal Service initiated the transfer of custody, the witness was already held in the custody of ICE, and was scheduled to be put back on a flight to their country of origin.

DC law permits a material witness to testify in a deposition if further detention isn’t necessary “to prevent failure of justice.”

According to the prosecution, if the witness is released, the U.S. Marshal Service is compelled to return him to ICE, who will remove him from the country. They also argued that, if released, it is “substantially likely he won’t appear” in the trial.

Camille Wagner, Ramos’ defense attorney, stated they will file an opposition to the prosecutor’s motion by Nov. 9

Judge Raffinan scheduled a hearing to address the motions.

Parties will reconvene Nov. 17.

Domestic Violence Expert Testifies in 2014 Homicide Trial

On Nov. 8, the prosecution called a domestic violence expert to testify in a homicide trial before DC Superior Court Judge Michael O’Keefe.

Marvin Lopez, 43, is charged with premeditated first-degree murder and possession of a firearm during a crime of violence, for his alleged involvement in the fatal shooting of 27-year-old Evelyn Arroyo on Dec. 24, 2014, on the 3900 block of 14th street, NW.

According to the witness, domestic violence occurs when one partner harms the other using physical violence, aggression, or emotional and psychological abuse. She further explained that coercive control is used by a perpetrator to commit these acts of violence.

According to the witness, the tactics are “intimidation, isolation, manipulation, micro-regulation, degradation, deprivation, surveillance, and sexual coercion”. The witness further stated that most abusive relationships are continuous, characterized by an act of violence, followed by apologies and remorse.

The prosecution asked about victims being arrested as a result of striking back against their abusers. The witness said that in many cases, the victim will strike first if they believe they are in danger, and it is likely that the victim will be arrested.

Additionally, the prosecution questioned the expert regarding common myths about domestic violence. The witness explained that a common myth is that the abuse comes to an end if the victim were to leave the relationship. She said it is actually the opposite, and that in most cases, the abuse escalates as a result of the victim leaving the relationship.

During cross-examination, Marvin Lopez’s defense attorney, Justin Okezie, asked, “You’re not testifying about [Lopez] at all, right? You have never met him?”, to which the witness replied she has never met Lopez.

The witness then reemphasized that she has not reviewed any evidence in this case, and is testifying based on her overall knowledge of domestic violence. Okezie argued that the witness therefore could not state if Lopez had ever used any method of coercive control against Arroyo.

When asked if perpetrators of domestic violence can be females, the witness stated that there are women who commit violence against men, but that it is less likely.

“What about a woman pulling out a knife, unprovoked. Is this abuse?”, said Okezie, in reference to a previous incident between Lopez and Arroyo where Arroyo is alleged to have taken out a knife. The witness replied that she would need more facts about the case to make a determination, to which Okezie replied, “Is this justified because she’s a woman?”

The witness then reiterated that she would need more information to make any conclusions.

Okezie also questioned the credibility of domestic violence research, arguing that “You don’t have an actual scientific way to define it, do you?”, in reference to research on coercive control.

The witness replied she does have a scientific method, but said she would need more context and information about the specific case to make any determinations.

According to Okezie, what the witness was saying was “completely abstract”, and “there are so many things that people do in their daily lives that fall into controlling behavior”.

During redirect, the prosecution responded to the defense’s question about the hypothetical knife incident. The prosecution asked if one moment in time was enough to make a judgment of a relationship, to which the witness replied that it was not.

Parties are expected to reconvene Nov. 9.

Judge Considers Murder Evidence in Preliminary Hearing

On Nov. 8, DC Superior Court Judge Rainey Brandt heard evidence to determine if a homicide case could move to trial.

Iesha Marks, 29, is charged with first-degree murder while armed for her alleged involvement in the fatal shooting of 46-year-old Donald Childs on July 23 on the 100 block of Farragut Street, NW.

The prosecution called the Metropolitan Police Department (MPD) lead detective, who identified Marks as the suspect.

The detective explained that before the shooting occurred, there was a dispute in an alleyway near the intersection of Farragut Street, NW, and New Hampshire, NW. This resulted in an individual, who he identified as Marks, entering a black Toyota Camry passenger side and the car driving away.

According to the detective, about 20 minutes later, the car came back, and the person on the passenger side stuck their hand out and fatally shot Childs. The detective’s explanation was backed by surveillance footage presented in court.

According to the prosecution, probable cause is appropriate for Marks because, “she went to this alley for a planned fight”.

Dana Page, Marks’ defense attorney, said he “came to the area to fight one woman,” when she was met by several other individuals in the alley.

According to Page, the individuals in the alley, “were armed, and that’s a scary thing,” implying that they could’ve hurt Marks. Page said their alleged possession of a weapon is the reason Marks left the alley.

According to Page, no one can be certain who shot the gun because the surveillance footage does not show the individual in the passenger seat. She also argued that, because Marks wasn’t the driver of the vehicle, she didn’t get to decide whether or not she wanted to remain in the area.

Page argued Judge Brandt should not find probable cause because there’s no evidence that Marks was the aggressor.

Judge Brandt said she handled an unrelated shooting case involving Marks in 2021, so she knows her background.

Judge Brandt alerted the parties she needed additional time to review the evidence before making a ruling.

Parties are scheduled to reconvene on Nov. 14.

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