Judge Denies Request to Release Homicide Defendants Suspected in ‘Spree of Robberies’

On Nov. 3, DC Superior Court Judge Eric Glover detained homicide defendants as they await further proceedings.

Marlan Smith Jr., 16, and Anthony Monroe, 17, are charged with one count of first-degree felony murder while armed, one count of assault with a dangerous weapon, felony destruction of property, and five counts of robbery, for their alleged involvement in the fatal shooting of 17-year-old Antonio Cunningham on Sept. 11 on the 2300 block of Washington Place, NE, during an alleged armed robbery. The incident also left an adult male suffering from gunshot injuries.

Under Title 16 of the federal law governing DC, the defendants are being charged as adults.

According to surveillance footage collected by the Metropolitan Police Department (MPD), the defendants are seen parking an SUV in front of the 2300 block of Washington Place, NE, where a Jersey Mike’s and a Chipotle are located.

Three suspects wearing masks got out of the vehicle and approached Cunningham and his friend who were standing in front of Jersey Mike’s. Surveillance footage shows one suspect holding a firearm while a second suspect was holding Cunningham against a wall, allegedly attempting to rob him. The suspects removed the shoes that Cunningham’s friend was wearing and he fled the scene in an attempt to get away.

A separate individual with a legally owned gun approached the suspects, while Cunningham was being held against the wall. One suspect fired multiple shots and the separate individual who approached them was shot in the left flank area and middle left chest. Cunningham was struck in the head and fell to the ground. The second victim fled into Chipotle and requested that someone call 911.

The suspects are seen fleeing the scene of the crime and according to court documents, three 911 calls were made after the shooting occurred.

According to court documents, Smith and Monroe were allegedly identified as suspects in the robbery by a Metropolitan Police Officer (MPD) officer who has known the defendants for approximately two-and-a-half years.

Stephen Logerfo, Monroe’s defense attorney, alerted the court his client is pleading not guilty to all charges.

Thomas Key, Smith’s defense attorney, also alerted the court his client pleads not guilty to all charges.

Both attorneys requested Judge Glover not find probable cause, arguing there is not sufficient evidence to connect Monroe and Smith to the scene. According to Key, the alleged victims did not identify Smith as a suspect and the only individual that did was an MPD officer. Key argued that this was not enough evidence to tie the defendant to the robbery.

The prosecution countered saying the defendant’s are alleged to have gone on a “spree [of] robberies” prior to the shooting. In addition, the prosecution argued that the MPD officer provided a “benefit of someone with a familial familiarity,” strengthening his identification of the defendants.

Judge Glover found probable cause for Smith and Monroe’s alleged involvement in the armed robberies and homicide.

Logerfo requested that the court release Monroe as he does not have a prior criminal history, he lives with his mother, and believes that he would be able to follow home confinement orders. Key adopted the same request as Logerfo for Smith.

The prosecution refuted the defense’s claims by stating that neither defendants are “good candidates for release”.

Judge Glover denied the defense’s request for release, stating that he “does not believe that the court could craft any conditions that would ensure the safety of the community,” arguing both defendants were found with firearms in their vehicles upon arrest on Nov 2.

Smith and Monroe are expected to appear before DC Superior Court Judge Robert Okun on Dec. 4 for a preliminary hearing.

Homicide Defendant Waives His Right to DNA Testing

On Nov. 6, a homicide defendant, Matthew Walker, who is connected to two homicide cases, waived his right to independent DNA testing.

Walker, 25, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 32-year-old David Remen on the 1700 block of Hamlin Street, NE, on Feb. 14, 2019.

Walker is also charged with second-degree murder while armed for allegedly fatally stabbing 23-year-old Jamal Green-Lee on the 100 block of Michigan Avenue, NE, on April 29, 2019. Green-Lee died on Nov. 4, 2020, due to his injuries.

The prosecution conducted DNA testing for items recovered from the scenes of the incidents, and shared the results with the defense.

After reviewing the results, defense attorney Stephen Logerfo informed the court that Walker is waiving his right to do their own DNA testing.

On Dec 6, the parties will meet in front of DC Superior Court Judge Marisa Demeo for a status hearing.

A bench trial date is set for Jan. 3, yet this may change depending on the status hearing and the court’s schedule.

Co-defendants Arraigned on Separate Charges In a Shooting Case

On Nov. 6, two co-defendants were arraigned before DC Superior Court Judge Errol Arthur.

Shatia Penn, 25, is charged with two counts of assault with a dangerous weapon, possession of a firearm during a crime of violence, and destruction of property, for her alleged involvement in a shooting that occurred on Feb. 2, on the unit block of M Street, NE.

Desmond Barr, 22, is charged with assault and unlawful possession of ammunition for his alleged involvement in the same incident. The shooting left no individuals suffering from injuries.

According to court documents, Penn and Barr are alleged to have approached two victims sitting in a vehicle. An argument ensued and Penn is alleged to have asked one victim to exit the vehicle so they could fight. In response, the other victim began to drive away and Penn is alleged to have shot at the vehicle.

Penn and Barr pleaded not guilty to all charges and asserted their constitutional rights, emphasizing a speedy trial.

Penn and Barr are currently on release under the high intensity supervision program.

Penn’s defense attorney, Martin Rosendorf, and Barr’s defense attorney, Lola Ziadie, requested their clients’ continued release.

The prosecution requested that Penn and Barr agree to protective orders against the victims, which both parties consented to.

Pretrial services (PSA) reported that Penn and Barr are both in compliance with their release conditions.

A trial date is set for April 22, 2024.

Victim’s Boyfriend Testifies About Suspect’s Actions in 2014 Homicide Trial

On Nov. 2, the prosecution called the victim’s boyfriend to testify about her estranged lover in a 2014 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.

Lopez and Arroyo had been in a romantic relationship since 2012, and Arroyo ended that relationship weeks before the murder.

According to her boyfriend, the two had met in the months before Arroyo ended the relationship with Lopez, and she had been staying with the witness after breaking off her relationship with Lopez.

According to the witness, Lopez had seen Arroyo and her boyfriend at a restaurant, allegedly approaching the couple and asking “You having a good time with your new lover?”. This was two-to-three months before the murder.

The witness further testified that he often heard phone calls between Arroyo and Lopez and stated that he had heard Lopez threaten to kill Arroyo over the phone and saw threatening messages Lopez had allegedly sent her on Facebook including he would shoot Arroyo four times. He also stated that Arroyo had shown him bruises on her body, but did not elaborate on what caused them.

When Arroyo ended the relationship, Lopez had reportedly taken her phone and car keys so the witness had been driving Arroyo to work. On Dec. 24, 2014, he said he drove Arroyo and dropped her off at her job as a waitress. As he drove away, Arroyo was allegedly shot by Lopez upon entering her workplace.

The witness learned of a shooting at the restaurant soon after it happened and drove back to the scene, but was stopped as police had closed off the streets. He showed the police his phone, which was still logged into Arroyo’s Facebook as she had been using his after her phone was taken. Upon seeing the phone, police allegedly discovered the threatening messages between Arroyo and Lopez.

During cross-examination, Lopez’s defense attorney, Justin Okezie, questioned the witness regarding the night of the murder. The witness stated he saw Lopez walking near the restaurant after he dropped Arroyo off.

The witness stated that Arroyo did not have a phone with her at the time, and that was the reason he could not get a hold of her after seeing Lopez outside of the restaurant. Okezie questioned him as to why he didn’t instead stop the car, pull over, and inform Arroyo that he had seen Lopez outside. The witness had no immediate answer.

Okezie responded by exclaiming, “You didn’t do that because you never saw Marvin Lopez there outside of the restaurant!”, to which the witness responded by insisting that he had.

Okezie also referenced a previous occasion when the witness when Lopez said to this witness, “You’re doing it right brother!” in reference to Arroyo. Okezie asked if Lopez had ever been aggressive towards the witness. The witness said Lopez had never acted aggressively toward him.

The prosecution then called Arroyo and Lopez’s roommate, who had been living with the couple a few months prior to the murder. She testified that she could often hear them fighting through the walls. “They were just fighting all the time. Several times I heard him tell her if she wasn’t for him, she wasn’t for anyone,” the witness said. She also testified to hearing Lopez say that if she left him, he would kill her and then himself.

The roommate said that she often saw bruises on Arroyo’s neck and arms, and once saw Lopez holding Arroyo by the neck for five-to-six minutes. She also testified that she saw Lopez throw Arroyo onto the bed the couple shared. Police had reportedly been to the house responding to domestic assault calls.

According to the roommate, Arroyo had shown her Lopez’s gun, a small black pistol. Allegedly, Arroyo hid the gun in the trunk of her car for fear of Lopez two-to-three weeks before the murder.

The roommate then testified on the night of the murder she saw Lopez pacing around the apartment, looking agitated. He was wearing a red shirt and light-colored pants, which matches the description of a man allegedly seen running from the scene of the shooting. She said she saw Lopez leave at approximately 5 p.m., shortly before Arroyo was shot.

The defense will cross-examine the witness when the trial resumes.

This trial is expected to resume on Nov. 7.

Multiple Co-Defendants Waive Rights to Independently Test DNA for 2021 Mass Shooting

On Nov. 3, a status hearing was held in front of DC Superior Court Judge Robert Okun, in which multiple co-defendants waived their rights to independently test DNA evidence.

William Johnson-Lee, 21, Erwin Dubose, 29, Kamar Queen, 26, and Damonta Thompson, 26, are four of six individuals charged in relation to a mass shooting that occurred on the 600 block of Longfellow Street, NW on Sept. 4, 2021.

The defendants are charged with conspiracy, first-degree murder while armed, and assault with intent to kill, among other charges, for their involvement in the fatal shooting of 31- year-old Donnetta Dyson, 24-year-old Keenan Braxton, 37- year-old Johnny Joyner. The incident also left three individuals suffering from gunshot injuries.

Johnson-Lee’s defense attorney, Peter Fayne, announced that Johnson-Lee decided to waive his appearance for the Nov. 3 hearing, as prosecutors are still awaiting test results that could potentially connect Johnson-Lee’s DNA to evidence found at the scene of the incident.

Prosecutors stated they received DNA results for Dubose, Queen, and Thompson and tested cartridge casings found at the scene as well as multiple pieces of evidence recovered from a car referenced as the “suspect vehicle” in court documents; they included a gas can, a charging cord, and various bottles containing unspecified liquids.

In reference to the cartridge casings, gas can and charger, Dubose, Queen, and Thompson were excluded as possible sources based on their DNA profiles.

Regarding the interior rim of a bottle, Dubose’s DNA was positively matched as one of two contributors; the other was not provided. None of the other defendants were connected to the genetic evidence.

Dubose, Queen, and Thompson chose to waive their rights to independently DNA test the evidence collected.

Other evidence recovered but not tested were cartridge casings, a black medical mask, projectiles, and two firearms not apparently connected to the defendants.

Parties will reconvene Dec. 19 for a felony status conference.

Document: Southeast Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Nov. 4, on the 1400 block of L Street, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a man suffering from gunshot wound injuries. DC Fire and Emergency Medical Services was called to the scene, and after all life-saving efforts failed, the man was pronounced dead.

The victim was identified as 22-year-old Charles Towles.

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

Document: Northwest Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Nov. 2 on the 3400 block of 14th Street, NW.

According to MPD documents, officers responded to the location for the report of a shooting. Upon arrival, officers located two men with gunshot wound injuries. Both victims were transported to local hospitals.

On Nov. 4, one of the victims succumbed to his injuries. He has been identified as 29-year-old Johansel Encarnacion.

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

Document: Southeast Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating the death of a man that occurred on Nov. 4 on the 3500 block of A Street, SE.

According to MPD documents, officers responded to the location for the report of a person down, where they located a man suffering from an apparent gunshot wound. DC Fire and Emergency Medical Services responded to the scene, and, after all lifesaving efforts failed, the victim was pronounced dead.

The victim’s identity is being withheld pending a positive identification and next of kin notification.

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

Document: Northwest Shooting Leaves Teen Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a teenager 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, where they located a juvenile male with gunshot wound injuries. He was transported to a local hospital, where he succumbed to his injuries.

A second juvenile male 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.

The homicide victim was identified as 14-year-old Niko Estep.

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

Document: Suspect Arrested in a Homicide in Northeast

The Metropolitan Police Department (MPD) announced an arrest in connection to a homicide that occurred on Aug. 19, on the 2100 block of H Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male shooting victim with no signs consistent with life.

The victim was identified as 34-year-old Kevin McDowell.

On Nov. 3, MPD arrested DaJohn Blunt and charged him with first-degree murder while armed – premeditated.

Document: Gunman Sought After Shooting at MPD Officers

The Metropolitan Police Department’s (MPD) Force Investigation Team is investigating an MPD officer-involved shooting that occurred on Nov. 3 on the 3400 block of 13th Place, SE.

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

The officers involved have been placed on administrative leave, due to MPD policy. Body worn camera footage is under review.

The suspect was captured by a nearby public safety camera.

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

Case Acquitted: State Troopers Stop Homicide Defendant on Night of a Murder

This case was acquitted on Nov. 15, 2023.

On Nov. 1 prosecutors called more witnesses in a 2020 homicide case before DC Superior Court Judge Anthony Epstein.

Michael Austin, 28, 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.

The prosecution began by calling Austin’s romantic partner who explained on the night of the incident there was an altercation between Austin and Kinney but Austin was not the aggressor and continued to move away from Kinney every time Kinney came towards him.

She stated that at the end of the argument she went into the house with her mother and Austin did not follow her. She explained that five-to- ten minutes after entering the house she heard gunshots. She told prosecutors she has known Austin for five-to six- years and has never seen him with a gun or known him to own one.

She said she assumed that Austin went home as he normally did.

When questioned by defense counsel, Jason Tulley, she was asked how Austin normally acts around guns. The witness stated that Austin was sensitive to loud noises and never reacted well to gunshots. She stated, “Gunshots freak him out,” therefore she did not think Austin could be involved when she heard the gunshots that night.

The prosecution also called a Maryland State Trooper who stopped Austin on Interstate- 270 north for speeding after the shooting had occurred. The witness stated that Austin was going 75 miles-per-hour, 25 miles-per-hour over the posted speed limit. The trooper issued Austin a citation.

Subsequently, a Pennsylvania State Trooper testified he conducted a traffic stop on Austin on Road 234 at 4:30a. m. for not turning off his high beams when another car was approaching.

The trooper searched the car but didn’t find a gun.

Austin’s vehicle was impounded by the Pennsylvania State Police and picked up by the Metropolitan Police Department (MPD) months after the incident and after Austin’s arrest.

The final prosecution witness was an MPD detective testifying about the argument that led to the shooting.

The detective says that surveillance video shows when Austin and Kinney were arguing, Austin was wearing an orange hoodie and an individual fleeing the scene was carrying what appears to be an orange article of clothing.

During cross examination, Austin’s attorney, William Alley, pointed out that right after the gun shots, a black vehicle is seen leaving the scene from a different side of the street where the shooting took place.

The detective stated that he failed to note that vehicle in his initial report of the surveillance footage.

Trial is set to resume Nov. 2.

Homicide Defendant Pleads Not Guilty During Arraignment

On Nov. 3, a homicide defendant was arraigned before DC Superior Court Judge Anthony Epstein and pleaded not guilty to all charges.

Diamond Stevenson, 28, is charged with second-degree murder while armed and possession of a firearm during crime of violence for her alleged involvement in the fatal shooting of 32-year-old Gregory Wilkins, on Feb. 4, at the 1100 block of Maryland Avenue, NW.

Matthew Davies, Stevenson’s defense attorney, alerted the court that Stevenson was pleading not guilty, asserting her right to a speedy trial.

Parties are expected back on Jan. 19, 2024, for a status hearing.

Trial Pushed Back in 2015 Homicide Case

On Nov. 3, DC Superior Court Judge Marisa Demeo granted a prosecutor’s motion to delay a homicide trial in connection to a 2015 incident.

Eugene Burns, 31, was convicted of first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in 2017. The case was reopened on appeal in 2020.

Burns allegedly shot his best friend, 24-year-old Onyekachi Emmanuel Osuchukwu III, on Nov. 15, 2015, on the 2900 block of Second Street, SE. Burns is alleged to have committed the crime while he was on release for fleeing a law enforcement agent.

In 2022, prosecutors indicted Burns for conspiracy and obstruction of justice for allegedly getting his co-defendant, Tyre Allen, to coerce a witness into giving the court false statements regarding the incident.

According to court documents, Burns and Allen “planned and plotted over a course of months to corruptly influence a witness to swear to an affidavit recanting grand jury and trial testimony that the witness had previously provided against Burns in the murder case”.

On Sept. 25, prosecutors filed a motion to continue the trial date, which was previously set for Feb. 5, 2024, stating that they need additional time to “obtain essential evidence for the [prosecutors] to meet its burden at trial and because of the unavailability of [prosecutorial] counsel”.

Burns’ defense attorney, Mary Kennedy, asserted his right to a speedy trial, and argued if the trial is pushed back from the February date, Burns deserves to be released to home confinement as he awaits the new trial date.

Judge Demeo granted the prosecutor’s motion to continue the trial date, stating they had “good cause” for the request, and they continue to work in a manner that ensures the case moves forward. A new trial date was set for September 2024.

Kennedy requested Burns be released until trial, arguing that the Pretrial Services Agency (PSA) had screened him and found him eligible for home confinement. According to Kennedy, prosecutors will not be ready for the September trial date, and it is “unfair for [Burns] to continue to be held”.

Kennedy argued that “it’s going to be a long time before this goes to trial,” and insisted Burns has not exhibited obstructive behavior since 2020.

Prosecutors quickly opposed the motion for release, arguing he remains a danger to the community. They explained that he’s charged with murder for allegedly killing his best friend over drug money, and was convicted and sentenced for the incident in 2017.

Prosecutors also argued that Burns googled “how does it feel to kill someone for the first time” and “where to shoot for it to be deadly” prior to the murder.

According to prosecutors, while the trial was ongoing, he coerced Allen and a witness into giving false statements to the court.

Judge Demeo stated Burns actions were “taken to corrupt the process,” and is known to have fled law enforcement prior to the murder.

Although PSA deemed him eligible for home confinement, said Judge Demeo, he continues to pose a danger to the community. Due to this, she denied Burns’ request for release.

Parties are expected back on Feb. 9, 2024.

Defendant Accepts Plea Deal in Domestic Shooting Case

On Nov. 2, non-fatal shooting defendant Tevon Stackhouse accepted a plea deal extended by prosecutors before DC Superior Court Judge Lynn Leibovitz

Stackhouse, 33, was originally charged with second-degree cruelty to children, carrying a pistol without a license, assault with a dangerous weapon, possession of a firearm during a crime of violence, and endangerment with a firearm, for his involvement in a non-fatal shooting that occurred on Oct. 1 on the 1000 block of Savannah Street, SE. No injuries were reported.

According to prosecutors, Stackhouse fired 17 gunshots at the victim’s vehicle from his own vehicle. The defendant and the victim have a child who was in the defendant’s vehicle at the time of the incident. The prosecutors said that the defendant’s child repeatedly asked the defendant to stop shooting.

While no one was wounded, prosecutors noted the victim’s vehicle was inoperable.

Stackhouse accepted a deal that required him to plead guilty to one count of attempted assault with a dangerous weapon and one count of carrying a pistol without a license in exchange for prosecutors not seeking an indictment.

Following the guilty plea, Stackhouse’s defense attorney, Kevin Kassees, requested a motion for release pending sentencing. However, the motion was denied. Judge Leibovitz expressed her concern for the safety of the community, deeming Stackhouse a dangerous threat.

Parties are expected back for a full report and sentencing on Jan. 12, 2024.

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