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Probation Hearing Continued After Defendant Refuses to Go to Court

On Nov. 28, a probation show cause hearing was continued after a defendant refused to get off the bus from the DC Jail. 

Tyquell Fields, 28, is charged with assault with a dangerous weapon and carrying a pistol without a license outside a home or business for his alleged involvement in a non-fatal shooting incident on the 1300 block of Clay Terrace, NE, on March 18, 2020. The shooting left a victim suffering from minor injuries.  

According to court documents, before the shooting, the victim left Clay Terrace and was driving toward Minnesota Avenue, NE. When his car pulled into an alleyway behind a McDonald’s, he and a passenger in the vehicle heard three gunshots and the rear window of their car shatter.

Following the shooting, the witness drove back to Clay Terrace and told police he did not see anyone shooting at him and that he did not have problems with anyone.

When the Metropolitan Police Department (MPD) officers investigated they obtained video from a seafood restaurant that captured Fields walking in front of the restaurant 45 minutes after the shooting, according to court documents. 

Officers used still images taken from the footage and one officer, who is familiar with Minnesota  Avenue, reportedly identified Fields because he frequently saw him loitering in the parking lot of a McDonald’s nearby.  

Additionally, MPD obtained CCTV footage from the McDonald’s, which shows an individual dressed in a blue jacket wearing dark-colored pants and black and white shoes walking to the alleyway behind the McDonald’s with another individual not identified by police. 

Then the victim’s vehicle pulls in and Fields is seen allegedly firing multiple shots at the vehicle and the vehicle drives off through the alleyway. 

When an officer identified Fields through the still images and video, MPD issued an arrest warrant for Fields on the day of the incident. 

At the hearing, Fields’s defense attorney, Steven Polin, told DC Superior Court Judge Michael Ryan that Fields refused to get off the bus, which took him from the DC Jail to the court, without any further explanation.

Due to his absence in court, Judge Ryan rescheduled the hearing.

Parties are expected back on Jan. 9, 2024.

Case Acquitted: ‘I Was Trying To Make Life or Death Decisions’ Says Defendant in Funeral Shooting

This case was acquitted on Dec. 1, 2023.

On Nov. 29, a non-fatal shooting defendant took the stand before DC Superior Court Judge Jason Park. 

Saphire Johnson, 24, is charged with aggravated assault while armed and assault with a dangerous weapon, among other charges, for her alleged involvement in a non-fatal shooting on Sept. 28 at the 4000 block of Alabama Avenue, SE. 

The shooting occurred outside of Johnson’s grandmother’s church funeral after multiple family members got into an altercation. Johnson, along with one other person, were injured by gunshots. 

Defense attorneys, Christen Romero Philips and Varsha Govindaraju, asked Johnson to tell what happened.

Explaining why she brought a gun to the funeral, Johnson remarked on her safety as an African American woman explaining many of her family members had suffered from gun violence. She said, “I’m not as strong as a male. In my experience, it can get deadly”. 

During the verbal altercation between her and her family member, Johnson recalled the family member stated, “I should’ve killed your ass a long time ago,” while patting a bag he had on his chest. Johnson believed this bag contained a gun and felt threatened.

As a result, Johnson jumped a nearby fence and ran out into the street in an attempt to get away.

Then she felt a hard hit from behind and to her shock when she turned discovered another relative had hit her. She stated, “I was terrified. It wasn’t just a verbal disagreement”. 

Johnson saw a third family member running towards her with a hand on his waistband. Johnson believed he was reaching for a gun, and pulled out her own gun in hopes of scaring him off. 

She only shot when the first family member reached for his bag, which she thought contained a gun. She stated, “I was trying to make life or death decisions in 30 seconds”. 

During cross-examination, prosecution alleged Johnson impeded the investigation by informing officers she did not know why she was shot. Johnson rebutted that she did not want to provide any names to the police as she didn’t trust them and wanted to keep her family safe. Johnson stated she was not afraid of other people naming her as the shooter and did not try to intervene with witnesses talking to police. 

Based on surveillance footage, prosecution alleged one of Johnson’s family members picked up the gun after she dropped it, reasoning this may have been one of the reasons police weren’t able to collect the weapon. Johnson firmly denied the allegation. 

Parties are expected to reconvene Nov 30. to present their closing arguments. 

Case Acquitted: Victims Testify Regarding Shooting and Stabbing Incident

This case was acquitted on Dec. 1, 2023.

On Nov. 29, jurors heard emotional testimony from a victim who detailed the day of a shooting and stabbing incident before DC Superior Court Judge Michael Ryan.

Randy Deleon, 46, is charged with three counts of assault with a dangerous weapon and one count of possession of a firearm during a crime of violence for his alleged involvement in a shooting and stabbing incident, which occurred at a family-owned restaurant, at the intersection of Lamont and 17th Street, NW, on Aug. 27. The incident left one victim suffering from a stab wound. No injuries were reported from the shooting.

Prosecutors called the victim who sustained a stab wound to continue his testimony from the previous day. They reminded the witness that he identified Deleon as someone involved in the shooting and stabbing because he saw him engage in an argument with the other victim, his father, the owner of the restaurant, by their cars parked on 17th Street.

Prosecutors confirmed when he ran towards the altercation between his father and Deleon, Deleon fled the scene in a red SUV.

According to the stabbing victim, two days after the incident, he ran into Deleon at his shoe store and called 911.

Metropolitan Police Department (MPD) officers arrived, the victim pointed out a single shell casing found where Deleon allegedly fired the gun.

According to the witness, during the struggle, he was able to remove a knife from Deleon’s pocket.

Peter Odom, Deleon’s defense attorney, in his cross-examination, showed the victim a picture of a tin foil object that his father allegedly used during the fight that could have contained a weapon.

According to the witness, he was solely focused on disarming Deleon. 

The son recalled telling MPD officers that his father was in possession of a stick or a rock during the struggle, but does not recall if he saw his dad using the object.

Further, he didn’t know if Deleon fired directly at his father or if he shot the gun in the air, but does recall hearing the gunshot. 

Following the victim’s testimony, prosecutors called a first-responding officer. 

He was able to identify that the shell casing on the sidewalk came from a .40 caliber Smith and Wesson firearm.  

According to the officer, when he spoke to the father, he said Deleon was responsible for the stabbing and the shooting.

Following the officer’s testimony, prosecutors called the father and owner of the restaurant. 

When asked about their relationship, the father stated he has known Deleon for several years because they own businesses in the same block. 

According to the witness, leading up to the incident, Deleon prevented him from stopping individuals stealing a motorcycle on their block. He recalled Deleon claiming he is the “king of Mount Pleasant” and insulted him. The victim testified that he was scared.

Deleon insulted him and told him to get out of his car so they “could kill each other.” Then, Deleon started aggressively waving a belt and knife at him. He pulled out the tin foil object from the back of his vehicle, and began defending himself against Deleon.  

His son was able to interfere and disarm Deleon as he was on the ground. 

During his testimony, the victim exclaimed “I could’ve killed him,” as Deleon was laying on the ground, stating he didn’t because he “didn’t want to spend the rest of life in prison.”

Following the altercation he told Deleon “You have your family and I have mine,” to which Deleon claimed he would get his gun and kill the victim. 

As he was leaving the area, he watched Deleon walking with a firearm and heard a gunshot. He looked back, and saw Deleon struggling with the firearm. Deleon allegedly shot at him on the 1600 block of Lamont Street, NW. 

In Odom’s cross-examination, he asked the father about the tin foil object and why he had it in his car at the time of the incident. The owner said he used to object to hit rats that make their way into the trash that is stored behind the restaurant.

Odom referred to the tin foil as a “rat killing stick,” which the witness denied, claiming it was not a weapon. 

The trial is slated to resume Nov. 30.

Document: Man Arrested for 2022 Homicide in Southeast

The Metropolitan Police Department (MPD) announce the arrest of a man for the 2022 homicide of 32-year-old Clayton Marshall on April 12, 2022.

According to MPD documents, officers responded to the 2200 block of Savannah Street, SE for the report of a shooting. Upon arrival, they located a man with gunshot wound injuries. He was transported to a local hospital, where he succumbed to his injuries. A second victim, also a man, was located at another local hospital receiving treatment for gunshot wound injuries.

On Nov. 29, MPD arrested 19-year-old Derrico Johnson, who was already in custody at the DC Jail. He was charged with first-degree murder while armed.

Document: Northeast Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch are investigating a shooting that killed a man on Nov. 25, on the 1300 block of Florida Avenue, NE.

According to MPD documents, officers responded to the location for the report of a shooting victim, where they located a man being treated by DC Fire and Emergency Medical Services (EMS). The victim was transported to a local hospital, where he died from his injuries.

During the investigation, it was determined the shooting occurred on the 1700 block of Benning Road, SE.

The victim was identified as 34-year-old Daniel Lamont Adams.

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 in the District.

Case Acquitted: Witnesses Give Details of Shooting and Stabbing Incident

This case was acquitted on Dec. 1, 2023.

On Nov. 28, a witness gave insight into what he experienced on the day of a shooting and robbery incident following opening statements by the parties. 

Randy Deleon, 46, is charged with three counts of assault with a dangerous weapon and one count of possession of a firearm during a crime of violence for his alleged involvement in a shooting and stabbing incident, which occurred at a family-owned restaurant, at the intersection of Lamont and 17th Street, NW, on Aug. 27. The incident left one victim suffering from a stab wound. No injuries were reported from the gunshot.

Before opening statements, the parties addressed two motions filed by the defense on Nov. 16. 

According to court documents, the first motion filed by the defense on Nov. 16 asks that any evidence Deleon wishes to present will not lead into a discussion by the prosecution about his prior convictions of carrying a pistol without license from 2000 and 2001.

Additionally, the second motion filed asks that his prior convictions not be used by prosecutors to suggest that he is not a peaceful person. 

Deleon’s defense attorney, Peter Odom, told DC Superior Court Judge Michael Ryan that it simply doesn’t make sense to bring up his past criminal history for this case and that it would be a violation of Deleon’s First, Fourth, and Sixth Amendment rights. 

Judge Ryan, in making his ruling, said that he doesn’t see any evidentiary value in considering Deleon’s past criminal history, granting the defense’s motion to not have it discussed in detail at the trial. 

However, Judge Ryan said that it is “fair game” for the prosecution to mention that he has a criminal history, but details of his criminal history will not be admitted as evidence during the trial. 

In their opening statements, prosecutors told the jury that, at the beginning of the altercation, Deleon told the owner of a family-owned restaurant,   “You are not the king,” and was armed with a gun and knife. According to prosecutors, the owner of the restaurant was armed with what looked like a piece of tin foil. 

The prosecution said Deleon fired a shot at the owner of the restaurant but it thankfully didn’t hit him.

They closed their statement by saying this case is about jealousy and anger and urged the jury to pay attention to the testimony of the witnesses during the trial and consider a verdict of guilty based on what Deleon did to the victims.

In the defense’s opening statement, Odom argued everything Deleon did on the day of the incident was in self-defense. Odom claimed that a victim swung a weapon at Deleon and the owner of the restaurant assisted in the attack against him. 

According to Odom, Deleon was attempting to settle a dispute with the owner of the restaurant and fled the scene after the altercation, wanting nothing to do with it. 

Odom argued the owner of the restaurant changed his story about his possession of a weapon various times throughout the investigation. Initially, he said he had a piece of tin foil but later mentioned that it was a machete wrapped in tinfoil.

“Why did the police never ask where the owner got the machete? Was it from the restaurant or from his car?” questioned Odom. 

In finishing his statement, Odom blamed a blind police investigation and highlighted the fact that the owner of the restaurant was armed at the time of the incident. He asked the jury to consider a verdict of not guilty once all of the witness testimony has been presented.

After opening statements, prosecutors called their first witness, the son of the owner of the restaurant who was stabbed during the incident.

According to the witness, on the day of the incident, he was down the street from the restaurant standing near a bus stop cutting down flags because Cinco de Mayo had passed. 

He told prosecutors he saw a red SUV pull behind a black car, which belonged to his father. The victim said he saw a man hop out of the red car and walk to the window of the black car.

According to the victim, he saw the two individuals, who he identified as Deleon and his father, get out of their cars and begin to argue. He noted that they eventually made their way in front of the restaurant, where he recalls seeing a knife and a belt or a chain swinging back and forth from Deleon.

The victim told prosecutors he knew it was Deleon because Deleon owns a shoe store across the street. 

According to the witness, when he realized an altercation was occurring, he ran over to where Deleon was and grabbed the belt and wrapped it around his hands and put his foot behind Deleon’s foot, and tripped him up. 

The victim testified that his father grabbed a metal rod from his car and started to hit the hands of Deleon to get the knife out. 

According to the victim, Deleon had another knife in his pocket, which he removed to prevent him from using it.

After the incident was over, according to the victim, as he was walking back to the restaurant a customer came up to him and said he had been stabbed. 

Not long after the customer told him this, a waitress informed him that Deleon was coming back. The victim said that he and the waitress rushed to a nearby bus stop and hid behind it. 

The victim recalls seeing Deleon walk toward his father’s black car and load the firearm. Deleon pointed the firearm at the car as the owner was pulling out of the spot and he said he heard one shot and ran with the waitress into the restaurant.

After Deleon fired the shot, the victim testified that once he was back in the restaurant he put the knives in the kitchen. 

The victim couldn’t confirm the name of Deleon’s shoe store to prosecutors, he said that two days after the incident, he and his brother called the police after seeing Deleon in the shop.

Due to time constraints, the victim was not able to finish his testimony. 

The trial resumes Nov. 29. 

Family Members Argue, Removed from Courtroom During Murder Sentencing

On Nov. 28, a verbal altercation between the families of a homicide victim and the defendant resulted in the removal of both groups during a sentencing in front of DC Superior Court Judge Rainey Brandt.

Alonzo Lewis, 38, was originally charged with two counts of first-degree murder while armed, three counts of possession of a firearm during a crime of violence, assault with intent to kill while armed against a minor, and unlawful possession of firearm, for his involvement in the murder of 40-year-old Jaquon Helm and 35-year-old Venius Badgett on May 26, 2018, on the unit block of Galveston Street, SW. 

On Oct. 6, Lewis accepted a plea deal that required him to plead guilty to two counts of second-degree murder while armed, in exchange for the dismissal of all other charges.

The hearing began with victim impact statements from many of the victims’ family members. who harbored disdain for Lewis, including Helm’s sister, who said “I have no forgiveness for anyone who kills anyone, he needs to never see the daylight again.” 

The family of the victims were also unhappy with Lewis’ body language, with Badgett’s sister saying, “It’s as if we took something from him, the way he looks at us.”

Through the years since the murder in 2018, Badgett’s grandmother found herself finding forgiveness, saying at the sentencing “We need to hold on to the good things,” and “we need to find it in our hearts to forgive.”

Most family members, however, were not able to come to the same conclusion. Many said something along the lines of what Helm’s daughter said, “I will never forgive you.”

Tensions began to rise in the courtroom when Judge Brandt allowed Lewis’ children to speak. His son started by apologizing to the victims, he also said, “My father meant the world to me,” and “Whatever sentence it is we will take it.”

Things began to boil over when Lewis began to speak, he started with, “I want to apologize to the families.” 

Lewis then said, “At the end of the day I didn’t go looking for this.” 

Family members of the victims started yelling, with one claiming “Yes you did.” Lewis’ family started responding, arguing and yelling back across the aisle.

As things began to escalate, many individuals were restrained and removed from the courtroom by US Marshals, while Judge Brandt yelled “Excuse me!” and, “This is embarrassing.”

Ultimately, almost all family members on both sides of the aisle were removed, at the instruction of Judge Brandt.

After things calmed down in the courtroom Judge Brandt expressed her disappointment saying, “You’re not gonna have a brawl in my courtroom,” and “I would expect for adults to act like adults.” 

Lewis resumed speaking, “I want to apologize to the family, especially the children.” He wanted the family to understand what he was going through at the time of murder saying, “I thought a man had beat my wife up,” and “I am not a violent person.” 

Lewis ended with, “There’s about 15 children in this situation and all of them were hurt.”

Judge Brandt responded, “I appreciate that [Lewis].” She added that, “Usually on sentencing day [I have] a lot to say; I am for now utterly speechless,” referring to the chaos that had occurred earlier in the hearing.

Judge Brandt imposed a sentence of 15 years for each count, which are required to be run consecutively, with a total requirement of 30 years. Lewis is also required to register as a gun offender and serve five years of supervised release.

As Lewis was being walked out he said, “Have a good rest of your day y’all.”

Judge Sentences Non-Fatal Shooting Defendant to Three Months Behind Bars

On Nov. 29, DC Superior Court Judge Erik Christian sentenced Ivan Holmes to three months in prison and three years under supervised release. 

Holmes, 18, was originally charged with carrying a pistol without a license and unlawful discharge of a firearm for his involvement in a non-fatal shooting on the 1500 block of 1st Street SW on Aug. 18. No injuries were reported. 

On Sept. 25, Holmes agreed to a pre-indictment deal and pleaded guilty to all charges in exchange for prosecutors not seeking an indictment.

Defense counsel, Thomas Healy, spoke on behalf of his client at sentencing saying, “You know children panic, and he is young,” but that his client understands the “stunningly dangerous” aspects of the case. 

Healy asked for supervised release and sentencing under the Youth Rehabilitation Act, a rule that essentially removes the conviction if Holmes is successful with all sentencing requirements. 

Judge Christian interrupted Healy and spoke to the defendant saying, “But you know the difference between right and wrong.” Healy argued it was an in-the-moment “immature” decision with outside pressure from someone he trusted. 

Healy argued Holmes should be given “faith with guardrails” to meet the sentencing criteria while also keeping the community safe. 

In his own behalf, Holmes spoke for a lesser sentence stating his actions were “absurd and careless” and that he learned his lesson and hoped the judge would give him a second chance so he could “become a productive impact on the community.”

The prosecution noted Holmes has no adult criminal history, but as this is “incredibly serious conduct,” they requested a sentence of 12 months with a lengthy period of suspended sentence.  

Judge Christian sentenced Holmes to 24 months total, with all but three suspended. 

Holmes must complete 90 hours of community service within six months of his release, register as a gun offender, and comply with rehabilitation services. 

No follow-up hearing has been scheduled.

Judge Says to Carjack Defendant, ‘You Can Train Pets Not to Bite People’

During a Nov. 29 sentencing hearing, DC Superior Court Judge Erik Christian accepted an 11c1C plea agreement reducing the potential punishment for Basil Thomas, 20, but did not impose a sentence. 

Thomas was originally charged with two counts of armed carjacking, one count of assault with a dangerous weapon, five counts of possession of a firearm during a crime of violence, and one count of carrying a pistol without a license, among other charges, for his involvement in two armed carjackings that left Thomas injured by his own gun on March 3 on the 4400 block of 8th Street, NE, and the 4800 block of North Capitol Street, NE.

On Sept. 6, Thomas, 21,  agreed and pleaded guilty to carjacking, possession of a firearm during a crime of violence, robbery, and unlawful possession of a firearm as a crime of violence with a prior conviction.

Security cameras from nearby areas capture the carjackings and show two suspects fleeing the scene after the victim fights back and gets access to Thomas’ gun. Thomas was shot once in the thigh and was later identified at the National Children’s Medical Center by the victim. 

Defense counsel for Thomas, Hannah Claudio, stated her client feels extremely remorseful and “at his core, he wants to do well.” As she continued, Judge Christian cut her off, saying, “It’s just one year after the next,” emphasizing these actions are “more than mistakes” and instead “intentional depraved heart acts.”

Judge Christian went further by stating this agreement is “very lenient” for a “close to a throwaway the key case” and does not think it is warranted. 

Claudio stressed that she was not saying anything to justify or excuse her client’s actions but rather to explain better how his upbringing impacted his life course. 

An official from Rehabilitation Services and a special education representative spoke regarding the importance of structure, support, and the specialized instruction Thomas has been getting at the DC Jail.

When arguing that Thomas’ background shaped his behavior today, Judge Christian responded, “I mean, you can train pets not to bite people.”

Imposing the sentence would require Thomas move to the Bureau of Prisons, where these educational opportunities are unavailable, and he would not be able to attain his GED. Thomas is set to graduate in February 2025. 

The prosecution did not oppose the request to stay in DC, as long as the court agreed to impose the sentence if there is future non-compliance. 

Judge Christian decided not to impose the sentence and set a follow-up hearing to discuss Thomas’ progress in school. At that hearing, a list of individuals who visit Thomas and a copy of his report card will be required. 

Parties are set to return to court on June 28th, 2024.

Case Acquitted: Witness Testifies Argument was ‘Worse Than Fighting Words’ in Funeral shooting

This case was acquitted on Dec. 1, 2023.

On Nov. 28, a witness testified that he does not know where the first gunfire came from in a non-fatal shooting trial in front of DC Superior Court Judge Jason Park. 

Saphire Johnson, 24, is charged with aggravated assault while armed and assault with a dangerous weapon, among other charges, for her alleged involvement in a non-fatal shooting that occurred on Sept. 28 at the 4000 block of Alabama Avenue, SE.

The shooting occurred outside in a parking lot of Johnson’s grandmother’s church funeral after a dispute between family members. Two people, including Johnson, sustained non-life-threatening injuries during the incident. 

The first witness was Johnson’s younger cousin who was present during the incident. The prosecution began by asking Johnson’s cousin if he had unrelated charges in another case and that he was not promised anything besides immunity for his testimony in this case.

Johnson’s cousin admitted he was under the influence of several drugs the day of the incident and just remembers he was “trying to stop her [Johnson] from causing more harm” when he ran after Johnson in the parking lot and punched her in the back of the head.

.According to the witness, he saw Johnson with the gun pointed towards him and he ran away.

He said he did not see anyone else with a gun that day after the funeral and did not hear Johnson threatened.

During cross-examination, the defense argued the witness was intoxicated and that he didn’t know what the argument was about between Johnson and her family members. 

The defense said, “You don’t remember Saphire’s being threatened” and that Johnson’s cousin did not see her holding a gun during the argument in the parking lot.

Varsha Govindaraju and Christen Philips, Johnson’s defense attorneys, asked the witness about his previous charges of carrying a firearm without a license and his pending armed robbery case . The defense followed up that Johnson’s cousin has a reason to get on the good-side of the prosecution.

The defense then questioned the witness about his punching Johnson in the back of the head.

The witness said he does not remember a lot of that day because he “was high” and does not know where the first shots came from.

During redirect, the prosecution asked about the tone of the argument in the parking lot and he said they sounded angry and it sounded “worse than fighting words”. The prosecution also argued that the witness did not signal for anyone to come over to help him after he punched Johnson.

The defense called on two investigators from the Public Defender’s Service (PDS) to recreate the crime scene. The photos from the parking lot were presented to the jury, which prosecutors argue did not show where Johnson parked the day of the incident.

The trial will resume on Nov 29.

Parties in Non-Fatal Shooting Case Can’t Agree on Plea Offer

On Nov. 29, DC Superior Court Judge Lynn Leibovitz continued a non-fatal shooting case after the parties couldn’t agree on a plea offer. 

Briana Milam, 33, was arrested and charged with unlawful possession of a firearm, and unlawful discharge of a firearm for her alleged involvement in a non-fatal shooting that occurred on Aug. 21 on the 1500 block of Maryland Avenue, NE. No injuries were reported. 

During a status hearing on Nov. 29, a plea offer was presented by the prosecutors, but the parties gave up after three attempts to reach consensus.

Parties are expected to reconvene for a status hearing on Nov. 30. 

Judge Continues Murder Trial Date and Warns Defendant to Stay in Release Compliance

On Nov. 28, DC Superior Court Judge Maribeth Raffinan granted defense’s motion to continue a trial date in a homicide case and denied the prosecution’s request to detain the defendant. 

Terrance Barnes, 34, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the death of 57-year-old Barry Holmes, on April 17, 2019. The incident occurred on the 5100 block of Southern Avenue, SE.

Barnes’ defense attorneys, Pierce Suen and Molly Bunke, argued they would not be available for the original trial date of Jan. 30, and needed more time to conduct further DNA evidence testing. Judge Raffinan granted the motion and the new trial is expected to start July 28, 2025. 

Prosecution requested Barnes be detained due to his failure to report for drug testing and a substance abuse assessment. 

Barnes’ defense attorneys rebutted he had been given multiple dates to attend by the Pretrial Services Agency (PSA) and had alerted them he wasn’t feeling for one of those appointments.

Barnes told the judge he had been showing up on one scheduled day per week and did not know if he was expected to show up on a different day. 

Judge Raffinan warned Barnes he was at risk of detention if he did not show up for his next substance abuse assessment that is scheduled for Nov. 29. 

Parties are expected to reconvene Jan. 10 to continue the motions hearing. 

Imposing Sentence Judge Says to Murder Defendant, ‘You Have to Start by Forgiving yourself’

On Nov. 27, Darquise Montgomery was sentenced to 12 years in prison by DC Superior Court Judge Rainey Brandt in an emotional hearing.

Montgomery, 20, was originally charged with first-degree murder, two counts 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 murder of 25-year-old Anthony Lee on Sept. 26, 2020, on the 2900 block of Martin Luther King Jr. Avenue, SE.

On July 6, Montgomery accepted a plea deal that lessened his charge to second-degree murder while armed, and dismissed all other counts.

Before the sentencing, Lee’s mother gave a victim impact statement, stating “I want to let this young man know he gets a second chance and my son is not going to get a second chance.” She also said, “If you have kids, you’ll be a father, something you took away from my son.”

Lee’s mother mentioned the uptick in violence saying, “I’m 64 now, it’s just too much, somewhere along the line we dropped the ball.”

Judge Brandt acknowledged the problem plaguing the community saying, “If Martin Luther King was alive today he would be woefully embarrassed.”

Following the victim impact statement, Montgomery gave an emotional response, “I apologize to the family of Anthony Lee and my family,” adding, “I was blind and thought I was the product of my environment.”

Montgomery expressed remorse for his actions and did not want Lee to have died in vain. He said, “I’ll be an advocate to show that people can change.” He wants people in his community to know that there are other ways out, ways to avoid the path he took.

Judge Brandt responded, “I’m not mad at you.” She added, “You know and only you know what you’ve endured and had to live with.” She said, “I am going to accept your apology on behalf of the citizens of the District of Columbia.” 

Judge Brandt said of his character, “I don’t see that in a lot of young people sitting where you’re sitting,” adding, “You have to start by forgiving yourself.” She said what he has shown the court affected the weight of the sentence.

Kyrie Wells, 21, a co-defendant, was sentenced to 14 years for the same murder. Judge Brandt said, “You are not Kyrie Wells.”

She sentenced Montgomery to 12 years in prison as well as 5 years of supervised release. As a part of his sentence, he is required to get his General Education Diploma (GED) and register as a gun offender.

Before being taken back by US Marshals, Montgomery made a request to hold his baby son, Judge Brandt stated that it was up to the Marshals to make the decision, without a response. Montgomery waved goodbye to his son and his family and said, “I love you.”

Eyewitness Testifies About Stabbing in 2018 Murder Trial

On Nov. 28, an eye witness testified in a 2018 murder trial in front of DC Superior Court Judge Rainey Brandt.

Marquette Jordan, 32, is charged with second-degree murder while armed, assault, and carrying a dangerous weapon outside of a home or business with a prior felony, for his alleged connection to the fatal stabbing of 40-year-old Ivan Lynch on April 30, 2018 at the 900 block of 5th Street, SE.

According to the witness he had known Lynch and Jordan for a similar amount of time.

He said he was at a barbecue with his son, Lynch and Lynch’s kids during the day. Later, they dropped the kids off and went to pick up Jordan, a girl and her children to bring them to the witness’ mother’s apartment. He said the car ride was going fine until Jordan and Lynch began arguing, but the witness ignored it.

The witness said when they arrived at the apartment, Jordan got angry with the girl and said he would “whoop her a**.” In his testimony, the witness said Jordan swung at the girl and then Lynch approached trying to intervene. He saw Jordan and Lynch start fighting in the apartment and was yelling at Jordan to stop because he was the alleged aggressor.

According to the witness, he saw Jordan grab a knife and swing it three to four times at Lynch.

The witness became frightened and kicked everyone out of his apartment and called 911. He said, “I called 911 to make sure [Lynch] was ok.”

The prosecution showed body-worn camera footage from the police who arrived on the scene. Initially police officers handcuffed the witness but later released him.

After the canvassing of the scene, the witness was taken to the police station and said he initially didn’t tell the truth to detectives because he did not want to be involved with the case.

According to the witness, detectives mentioned his son’s murder, which occurred earlier in the year. The detectives compared his situation to that of Lynch’s family, and asked whether he would want to know who killed his son. That compelled him to tell detectives what happened. 

The prosecution showed video footage from the interview with the witness saying he saw Jordan with the knife and that he made stabbing motions towards Lynch. 

The prosecution asked if there is any doubt in the witnesses mind that Jordan killed Lynch and he responded, “no.”

Due to time constraints, the witness was unable to finish his testimony and will continue at the next date. 

Parties will reconvene Nov. 29.

Judge Grants Motion to Modify Release Conditions for Homicide Defendant 

On Nov. 28, DC Superior Court Judge Maribeth Raffinan modified the release conditions of a homicide defendant so he could get a job. 

Dwayne Maurice Brooks, 25, is charged with first-degree felony murder in connection to a shooting that occurred on Aug. 25, 2022 on the 800 block of 7th Street, NW. The shooting resulted in the death of 21-year-old Juwaan Henry. 

Brooks’ defense attorney, Megan Allburn, argued Brooks was couldn’t be employed due to his home confinement. Allburn asked the court to modify his release conditions, representing that Brooks had been in full compliance and would still have his GPS monitor to track his whereabouts. 

Prosecution rebutted the court had found probable cause for Brooks’ involvement in a homicide, and argued he should not be able to be in public and had voluntarily quit his previous job.

Judge Raffinan ruled Brooks would be able to leave his home for interviews with prior permission. In addition, he will be allowed to leave his house for a couple of hours a day on Tuesdays and Thursdays to search for jobs.  

Parties are expected to reconvene Dec. 15 for a status hearing.