Victim’s Identification Questioned in Non-Fatal Shooting Case

On Feb 15, the validity of allegations made by a victim in a non-fatal shooting were questioned before DC Superior Court Judge Michael O’Keefe.

Jamal Coleman, 31, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed, for his alleged involvement in a non-fatal shooting that occurred on May 4, 2023, on the 4600 block of Polk Street, NE. No injuries were reported.

According to Metropolitan Police Department (MPD) documents, Coleman drove a black Chevy sedan westbound on the 4600 block of Polk Street to the intersection of Polk and Olive Street, NE.

Surveillance footage shows the vehicle making a U-turn, slowing down as it approaches the victim, and opening the front passenger window. The victim is seen ducking down, and running away when shots were fired from the car.

The prosecution referred to the victim’s grand jury testimony, where he claimed that he saw Coleman with weapons before the incident.

Coleman’s defense attorneys, Elizabeth Weller and Carrie Weletz, argued that there is no proof that he had any weapons before the incident.

Weletz claimed that the grand jury transcript was confusing and not a good depiction of what actually happened the day of the incident.

The prosecution stated that the victim saw Coleman on the driver’s side of the black Chevy with an unidentified individual in the passenger side. The passenger is alleged to be the shooter, yet the victim can’t exactly describe the passenger.

The prosecution claimed that Coleman had intentions of committing the drive-by shooting, and knew that the passenger was going to fire.

Weletz stated that there is no proof that Coleman had any intentions of committing the shooting and had no idea that the passenger was going to shoot.

The defense asked Judge O’Keefe if Coleman can be put on home confinement, explaining that he has a very limited criminal history.

The prosecution objected to Coleman’s release to home confinement due to the fact that he is being charged with very serious allegations.

The judge will make a ruling from his chambers, and no future dates were set.

Judge Approves Enhancement Request for Sentencing in Fatal Shooting Case

On Feb. 15, parties reconvened in DC Superior Court Judge Marisa Demeo’s courtroom post-verdict in a fatal shooting case.

Delonta Stevenson, 28, was convicted of conspiracy, first-degree murder while armed, three counts of possession of a firearm during a crime of violence, two counts of assault with intent to kill while armed, and two counts of unlawful possession of a firearm with a prior conviction, for his involvement in a fatal shooting of 32-year-old Terrence Allen.

The incident occurred on Jan. 18, 2021, on the 3000 block of Stanton Road, SE, and seriously injured two other victims.

On Feb. 1, Stevenson was found guilty of all charges, and reportedly caused a disruption at the verdict demanding to be dismissed from the courtroom.

Stevenson’s nephew, 25-year-old Vorreze Thomas, was charged as a co-defendant in this case and was found guilty on all charges alongside Stevenson but was not present.

During the hearing, the prosecution motioned for Judge Demeo to add an enhancement of charges for sentencing. They based this on the fact that Stevenson was on release for another case at the time of the shooting.

Stevenson’s defense attorneys, Elizabeth Weller and Stephen LoGerfo, opposed this, citing that the other case was dismissed and should not be considered.

Judge Demeo ruled that the enhancement was applicable on Stevenson’s two charges of possession of a firearm with a prior conviction, regardless whether the case was dismissed.

All parties are slated to return April 19 for sentencing.

Judge Holds Homicide Defendant During Presentments

On Feb. 14, DC Superior Court Judge Renee Raymond decided to hold a homicide defendant during a presentment hearing.

Robert Straughter, 26, is charged with second-degree murder while armed for his alleged involvement in the murder of 24-year-old Tyejuan Harkum on the 2600 block of Naylor Road, SE, on Dec. 6, 2023.

According to court documents, Harkum was followed by a vehicle, allegedly driven by Straughter and occupied by two other individuals, from a take-out place. As Harkum exited the restaurant, the passengers in the vehicle shot him, before getting back in the getaway car, which was allegedly a stolen vehicle.

Judge Raymond found there was enough evidence to determine probable cause that Straughter was the driver, and decided to hold him until his preliminary hearing.

Straughter will remain detained as he awaits further proceedings.
A preliminary hearing is set for March 14, in front of DC Superior Court Judge Robert Okun.

Case Acquitted: Defendant Takes the Stand in 2023 Non-Fatal Shooting Case Before Closings

Jose Zuniga was acquitted of all charges on Feb. 15, 2024.

On Feb. 14, parties completed a detective’s cross examination and the defendant testified in a non-fatal shooting trial before DC Superior Court Judge Lynn Leibovitz.

Jose Zuniga, 28, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and simple assault, for his alleged involvement in a non-fatal shooting incident which occurred on Nov. 11, 2023, at a shelter on the 400 block of 2nd Street, NW. There were no injuries reported.

According to Metropolitan Police Department (MPD) documents, two men were involved in an argument while inside a shelter. During the argument, the suspect shot at the victim and fled the scene.

The prosecution questioned an MPD detective who was at the scene 10 minutes after the shooting and took photos of the defendant the same day of the attack. They allegedly show that Zuniga was wearing the same clothes in the photos as in video surveillance of the shelter immediately following the shooting.

According to the detective, he utilized an MPD phone to record surveillance video of the shelter. In the footage, Zuniga is allegedly seen in a Mickey Mouse shirt running across the lobby following the shooting. The detective testified that he showed the footage to the victim and his brother.

In cross examination, Joseph Molina, Zuniga’s defense attorney, asked about the initial description of the shooter that MPD officers were told to check. Molina asked how it went from a Latino male with a white jacket, neck tattoo, and gloves to MPD officers arresting Zuniga, who did not match the description.

The detective responded that MPD had received calls from shelter staff claiming the shooter had come back to the shelter and that the victim had identified Zuniga by a photo.

According to the detective, he took Zuniga into custody when MPD responded to the shelter’s staff’s call. Molina also asked the detective if Zuniga had gloves in any video surveillance of the shelter, and the detective responded no.

Following the detective’s testimony, Molina motioned for acquittal, citing contradictory testimony from the prosecution’s witnesses.

Judge Leibovitz stated that the victim’s testimony was “unclear”, but that she “is constrained to send this to the jury.” The court denied the motion since the victim identified Zuniga as his assailant.

In an unexpected development, Zuniga decided to testify on his own behalf, thus opening himself to cross examination.

Zuniga said although he had acted aggressively in the initial interaction with thosw in the bathroom, he tried to leave because he “was scared of getting punched.”

According to Zuniga, as he attempted to leave, he was challenged to a fight “outside” by the victim. Zuniga accepted but as he was heading outside, he and the victim got into a “struggle” in the hallway allowing Zuniga to escape and seek help.

While Zuniga admitted to threatening the victim’s brother with a drill, he ran from the second altercation when he saw a knife in the hand of the victim’s brother. According to Zuniga, he heard the first gunshot as he was running to hide.

Zuniga claims the weapon was fired by an individual in a white puffer coat known as “El Mecanico,” who he saw during the second and third shot. Zuniga claims the phone video of him running across the shelter lobby was him “escaping.”

In cross examination of Zuniga, the prosecution asked him about the swarm of men following him to the shooting. Zuniga said he only told one friend to come with him, the rest followed because of rumors of a fight.

Toward the end of Zuniga’s cross examination, the prosecution asked him why he told the detective that he did not know who had the gun when he had just testified the opposite. Zuniga responded that he did not want to reveal El Mecanico’s identity at the time because he “never thought it [the incident] was this serious”.

During closing arguments, the prosecution said that the incident occurred because Zuniga “was denied access to a bathroom at the particular time he wanted to. Instead, he goes ballistic.” After exiting the building and returning with a crowd, the prosecution argues that it was Zuniga’s “extreme overreaction that ultimately motivates Zuniga to point the gun at [the victim] and pull the trigger.”

After hearing testimony from multiple witnesses, the prosecution requested the jury to focus on the victim’s testimony and identification of Zuniga, seen from a responding officer’s body-worn camera footage. The prosecution stated that the victim “knows the face of the person who assaulted him.”

Molina submitted that prosecution has not met the burden of proof beyond a reasonable doubt, due to contradictory testimony from witnesses. Molina stated that Zuniga had “consciousness of innocence” the day of the incident. That’s why Zuniga remained in the area after being denied access back into the building.

“A guilty man would run for the hills folks,” Molina said.

The jury is set to deliberate Feb. 15.

Document: MPD Arrests Gunman After Hours-Long Barricade

The Metropolitan Police Department’s (MPD) Emergency Response Team negotiated the surrender of a gunman who shot three officers, initiating an hours-long barricade on Feb. 14, on the 5000 block of Hanna Place, SE.

According to MPD documents, officers from the MPD Criminal Apprehension Unit responded to the location to serve an arrest warrant on a suspect who was wanted for cruelty to animals. While officers were outside the door to the residence, the suspect fired multiple shots through the door, striking three officers. A fourth officer sustained injuries that were not gunshot related.

The suspect then barricaded himself inside his residence and continued shooting sporadically throughout the standoff.

Members of the Emergency Response Team arrived on the scene and made contact with the suspect by phone. After several hours of negotiation, the suspect surrendered.

MPD arrested and charged 46-year-old Julius James with cruelty to animals. Additional charges for the assault on the officers are pending.

The four injured officers are all in stable condition and expected to recover.

‘Rely on Your Recollection,’ Judge Tells Jury Following Closing Statements

On Feb. 13, DC Superior Court Judge Michael O’Keefe heard closing statements from parties, regarding a fatal shooting case and offered some last minute advice.

Terrell Poe, 37, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and possession of a firearm by a prior convict, for his alleged involvement in the fatal shooting of 30-year-old Christopher Washington on Sept. 23, 2020, on the 400 block of Southern Avenue, SE.

In their closing statement, the prosecution asked the jury to find Poe guilty of all charges. They retold the alleged sequence of events on the day of the shooting. This included Poe supposedly preparing for the murder by putting on gloves, shoe coverings, and switching vehicles.

“He had one intention: to cover his tracks,” prosecutors said. “He didn’t think anyone was watching him. He was wrong.”

They presented surveillance footage that showed an individual, identified as Poe, driving a white truck that stalked the victim before shooting at him while he waited at a crowded bus stop. The suspect fired eight shots, four of which struck Washington and killed him.

“He stood no chance,” the prosecution told the jury, regarding Washington. “No chance.”

The surveillance footage then showed the individual identified as the defendant getting back into the white truck after stumbling and dropping a phone. The prosecution reminded the jury that this phone was collected by the Metropolitan Police Department (MPD) and belonged to Poe, allegedly proven by a linked iCloud account, Poe’s phone number, the presence of his DNA, and several selfies of the defendant in a photo album on the phone.

The phone also contained pictures of a gun found to be a near match for bullet fragments found in Washington’s autopsy.

The prosecution also reminded the jury of witness testimony that identified Poe in a photo array and claimed to see Poe driving a white truck the day of the shooting. This witness also felt threatened by interactions they had with Poe after the shooting, which prosecutors claimed was because, “if [Poe] is tied to that truck, he is tied to the murder.”

The prosecution requested the jury deliver a guilty verdict for all charges.

In her closing statement, Poe’s defense attorney, Marnitta King, told the jury there was information that the prosecution did not present as evidence, and for good reason.

“They want you to ignore all signs that this was not Poe,” she said.

She reminded the jury of inconsistencies in the witness testimony that contradicted the surveillance footage, implying that perhaps the witness was more involved in the shooting than they testified.

According to their testimony, the witness waited nine days after the shooting to reach out to police, and only after a reward flier for information had been posted by MPD.

She also stated that eyewitness descriptions of the shooter did not match Poe.

Furthermore, she questioned why the prosecution did not present information from the Telematic Control Module, a device inside vehicles that gathers data such as its location and speed. She claimed that this would have verified witness testimony that saw Poe driving the truck.

King also argued that there was no evidence that Poe possessed his phone at the time of the shooting. Nine days later, at his arrest, a different phone was confiscated from Poe. She questioned why the prosecution did not present any evidence from this other phone to verify their argument.

“He is, in fact, innocent,” King concluded, requesting the jury acquit Poe of all charges.

On the prosecutors’ rebuttal, they told the jury that King’s argument was meant “to distract [the jury] from the case,” and that only relevant evidence was presented.

Furthermore, they reminded the jury that it is not important when a witness came forward, only that they did eventually come forward despite their reluctance to testify.

“[The witness] was afraid,” prosecutors said. “And that was human.”

Prosecutors concluded with a plea to the jury to “do the right thing” by convicting Terrell Poe, stating that for the shooter to be anyone else, “[Poe] would have to be the unluckiest person in the world.”

After closing statements, Judge O’Keefe reminded the jury to “rely on their recollection” of court proceedings and witness testimony.

The jury was sent to deliberate a verdict.

Homicide Defendant Competent to Stand Trial

On Feb. 13, a homicide defendant was found competent to proceed to trial before DC Superior Court Judge Michael O’Keefe.

Julius Worthy, 39, is charged with second-degree murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, for his alleged involvement in the fatal stabbing and shooting of 36-year-old Orlando Galloway on April 2, 2023, on the 200 block of 14th Street, SE. An adult female victim was also found in the apartment suffering from multiple stab wounds, but survived.

At a previous hearing, Michael Bruckheim, Worthy’s defense attorney, challenged the mental competency of the defendant following a Department of Behavioral Health (DBH) report that stated he was competent to stand trial, so a new competency evaluation was requested.

The most recent report deemed that the defendant’s “factual and rational understanding of the facts of the case has only improved,” Judge O’Keefe read.

The defense accepted the findings of the report.

Worthy was arraigned and pleaded not guilty to all charges, and asserted his constitutional rights, including the right to a speedy trial.

All parties are slated to return April 12.

Defense Says Evidence Withheld in Murder Case

On Feb. 14, defense attorneys in a non-fatal shooting case claimed the prosecution withheld information regarding grand jury findings before DC Superior Court Judge Robert Okun, and requested the defendant be released.

Ernest Cleveland, 30, is charged with seven counts including first-degree murder while armed, assault with intent to kill while armed, and multiple counts of possession of a firearm during a crime of violence, for his alleged involvement in the shooting death of 39-year-old Edward Pearson and the wounding of another individual on Nov. 26, 2020, on the 2900 block of Connecticut Avenue, NW.

Cleveland’s defense attorneys previously filed to dismiss the case, alleging that a Metropolitan Police Department (MPD) officer had committed perjury. While the request was denied, the judge chose to review the defendant’s bond.

The defense opened by stating that the prosecution “cannot exclude exculpatory evidence”, claiming it had not been turned over to them in a timely manner.

Furthermore, the defense alleged that the evidence had a significant impact given that it wasn’t available to the grand jury before it issued an indictment.

The defense said that a “ten-thousand page document dump” arrived only after a previous hearing, and that it put an unfair burden on defense counsel.

The defense underlined the severity of the issue, stating that this was “contrary to what [U.S Attorney’s Office] stands for.”

The prosecution labeled these accusations “personal attacks” and asked to respond in writing.

According to the defense, the lead detective “disregarded evidence” and “did not investigate” information that “pointed away from the defendant.”

The defense cited a witness who they allege had changed testimony numerous times. They presented video footage of the detective interrogating a witness, arguing that his actions showed him trying to “elicit a story.”

In addition, the defense also pointed to a second suspect, who they argue was neglected by MPD investigators. The defense attorney, Madalyn Harvey, alleged that these improprieties in handling the case warranted bond for the defendant.

Owing to time constraints, the prosecution was not able to respond.

Parties are set to resume this matter Feb. 21.

Judge Finds Probable Cause in New Year’s Day Homicide

On Feb. 14, at a preliminary hearing, DC Superior Court Judge Michael O’Keefe found probable cause that a defendant was the perpetrator in a homicide.

Jelani Cousin, 18, is being charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 18-year-old Ashlei Hinds on Jan. 1 at a hotel on the 4000 block of Military Road, NW.

According to court documents, Cousin, also known as ‘Tall,’ allegedly showed up with six of his friends at a hotel room after being invited by one of the six girls who was staying there with Hinds.

The group, all of whom were underage, was reportedly drinking.

Later a fight occurred between Cousin and one of the female witnesses, after he allegedly tried to engage in sex with an unconscious girl in the hotel room. Cousin was asked to leave, and allegedly returned shortly thereafter with a handgun firing the two shots that killed Hinds.

During the hearing, prosecutors called the lead detective from the Metropolitan Police Department (MPD) to testify. The prosecution began by asking the detective to elaborate on the source of the fight between Cousin and an eyewitness, the woman he allegedly assaulted.

“Witness One said defendant Cousin was trying to have sex with Witness Four who was highly intoxicated,” the detective said while referring to his notes from an interview with Witness One.

According to the detective, the witnesses told MPD that, following the argument, they had “pushed” Cousin and his male friends out of the hotel room. Cousin then left the scene and returned later on, according to the detective.

“Witness Two was in the hallway and observed the defendant and another male witness pull out a firearm and allegedly fire two shots at the door,” the detective said, which struck Hinds, who had been standing near the door, and she ran to the bedroom bleeding.

The defendant was allegedly identified by witnesses as the shooter in surveillance footage, where he was seen wearing a black jacket with white lettering.

He was also identified by a family member, who had seen a post with a picture of him from the surveillance footage stating that he was wanted for homicide. His family member then brought the defendant to the police station to surrender.

In the cross-examination of the detective, Cousin’s defense attorney, Kevin Mosley, questioned the detective on whether or not Witness Four was truly uncomfortable with Cousin’s presence in the bedroom.

“[Witness four] said ‘Tall’ had a gun which made her feel uneasy about him being there,” the detective said.

Mosley argued that what occurred in this hotel room was a result of a “party” that had gotten out of hand. This was a “cordial gathering” that included a group of young friends “enjoying each other’s company,” according to Mosley.

“These young women were hanging out for a long period of time that escalated later on,” Mosley asserted. “This is not the picture the [prosecution] is trying to paint.”

When Mosley asked the detective why the witnesses had waited to call the police in the minutes after Hinds was shot, the detective responded they were “petrified” and had not known what to do or how to help their friend.

Judge O’Keefe stated that there was “sufficient and ample evidence” to rule that there was probable cause for Cousin’s second-degree murder charge.

The prosecution stated that they would not be offering any kind of plea deal to the defendant.

Parties reserved their right to argue for Cousin’s release. He will remain detained as he awaits further proceedings.

Parties are slated to return for a felony status conference on May 31.

Homicide Defendant Accepts Plea Offer

On Feb. 14, a homicide defendant accepted a plea offer extended by prosecutors before DC Superior Court Judge Robert Okun..

James Jackson, 30, was originally charged with first-degree murder while armed, robbery while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, for his involvement in the death of 29-year-old Christian Monje. The incident occurred on May 30, 2022, on the 1700 block of Rhode Island Avenue, NW.

According to court documents, the incident stemmed from a dispute between the two individuals, when Jackson brandished a firearm and allegedly shot Monje in the head. He was found unresponsive and transferred to a hospital, where he succumbed to his injuries on June 16, 2022.

During the hearing, Jackson’s defense attorneys, Jeremy Feldman and Richard Finci, alerted the court that the parties had come to an agreement. It required Jackson to plead guilty to second-degree murder while armed, in exchange for a dismissal of all other charges. Through the plea agreement, parties agreed to a sentencing range of 19-to-23 years of incarceration, with five years of supervised release.

The prosecution stated that, had the case gone to trial, they would have proven beyond a reasonable doubt that Jackson shot Monje in the head, before fleeing. They would have also shown DNA evidence linking the murder weapon to Jackson, and shown cell site data to the same effect. The prosecution stated they would have also proved there was no case of self-defense in Jackson’s actions.

Jackson will be sentenced based on the court’s acceptance or denial of the plea and his criminal history score.

Monje’s family told D.C Witness that they “were looking for justice” and that proceedings have been “going on for too long”. They emphasized that the process has been “stressful for the family.”

Sentencing is set for May 31.

Judge Says ‘No Question’ Juvenile Suspect Should Be Held in Homicide Case

DC Superior Court Judge Dorsey Jones ruled that a 15-year-old murder suspect should be detained, saying, “No question about it…the intent was to kill. That’s what happened.”

During the Feb. 13 hearing, the prosecution summarized evidence from surveillance cameras, cell phone records and Uber location data as well as recovered clothing in an effort to prove the juvenile committed a fatal shooting.

The youth was charged with first-and-second degree murder, assault with intent to kill, carrying a pistol without a license with an extended magazine and unlawful discharge of a firearm related to the killing of J ihad Darden, 27, on the 5400 block of Illinois Avenue, NW on Dec. 18, 2023.

Shell casings from a .40 caliber weapon as well as a 9 mm gun were found at the scene.

Speaking on her client’s behalf, the defense attorney entered a not guilty plea and asked for the defendant to be released to his mother’s custody. The teenager’s mother and grandmother were in the courtroom.

According to a release from the Metropolitan Police Department (MPD), the teen was located in Bowie, Md. with the assistance of Prince George’s County police and arrested on Feb. 7. On Feb. 12, the suspect was extradited to DC to face criminal prosecution.

The lead homicide detective in the case presented a chronological account of the crime beginning with the shooting itself. According to the officer, police were alerted to gunfire by the ShotSpotter system at 11:46 a.m. the day of the crime.

A witness, who was walking with Darden, said a suspect came from behind and shot multiple times, mortally wounding him. The companion, who had a licensed handgun, returned fire, ducking behind a car.

The assailant was described as a light-skinned little boy in a face mask carrying a book bag and wearing a green hoodie with distinctive markings, a black coat, along with red and white Jordan tennis shoes.

Darden was driven in a private vehicle to Howard University Hospital where he was pronounced dead.

While surveillance footage of the incident was not shown in the courtroom, the detective said he observed a suspect in the video matching that description headed toward an apartment building not far from the shooting, then he entered a side door and departed approximately 25 minutes later.

From there the suspect took an Uber ride, and according to information subpoenaed from the ride-share service, was dropped off in Bowie.

Based on a review of the footage and interviews with people in the neighborhood where the shooting occurred, the detective said the suspect allegedly hung out in the area for a number of years and was a high school student.

In addition, according to the detective, records retrieved from a stolen cell phone follow the flight path of the suspect from the murder scene to Bowie. In addition, police were able to recover clothing similar to that used in the crime.

Under questioning from the defense, the detective acknowledged that there was no direct identification of the juvenile as the shooter at the scene.

The juvenile’s lawyer said the shooting was possibly related to a longstanding beef between the defendant’s brother and the victim. An avenue the defense said the police should have pursued.

“The evidence here is all circumstantial at best,” the juvenile’s lawyer told Judge Jones, emphasizing that there was no connection between Darden and the suspect.

“Police simply didn’t try very hard,” the defense lawyer said.

In asking for release, counsel said the juvenile is not a danger to the community, helps out at home and has had no significant contact with authorities.

His mother said she would prefer that he be with her rather than in jail.

After finding probable cause, Judge Jones said the prosecution made a “very strong case.” Had this not been such a serious crime, he said he would have considered a shelter for the teenager. However, in light of the facts, the judge ordered detention by the Department of Youth and Rehabilitation Services (DYRS).

The next hearing in the case is scheduled for Feb. 21.

Case Acquitted: One Witness Says Defendant Was Not the Suspect in Non-Fatal Shooting Trial

Jose Zuniga was acquitted of all charges on Feb. 15, 2024.

On Feb. 13, an eyewitness in a non-fatal shooting trial before DC Superior Court Judge Lynn Leibovitz testified that the man holding the gun at the crime scene was not the defendant.

Jose Zuniga, 28, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and simple assault, for his alleged involvement in a non-fatal shooting incident. The incident occurred on November 11, 2023, at a shelter on the 400 block of 2nd Street, NW. There were no injuries reported.

According to Metropolitan Police Department MPD documents, two men were involved in an argument while inside a shelter. During the argument, the suspect shot at the victim and fled the scene. The victim was not injured. The suspect was apprehended by responding officers.

The prosecution began by calling the victim to continue his testimony. He testified that, after the man he had argued with left a bathroom, the individual returned with around 12 people, who began hitting him with tools that he had been using.

He stated that he tried to defend himself by confronting his attackers in the hallway when he heard around five gunshots. His brother then pushed him back into the bathroom, and they were able to call 911. The attackers then quickly left, and one man stayed behind allegedly to pick up the shell casings.

The victim testified that the shooter had been wearing a white shirt with a cartoon character on it, and had a scar on his face. He stated that he had identified the shooter as the defendant during a police lineup, and that he was “absolutely sure” he identified the right person.

During cross examination, Zuniga’s defense attorney, Joseph Molina, asked the witness if he had spoken aggressively to the suspect or insulted him when he had asked him to leave the bathroom. The witness responded that he had spoken to the suspect calmly because “he was a professional” and had never spoken to him in an aggressive way.

The victim also stated that he did not pick up any weapons or tools to use against the attackers in self-defense, and had only tried to “push and punch” his way out of the bathroom and into the hallway.

Molina asked the victim what exactly happened after his brother pushed him into the bathroom. According to the victim, it all happened very quickly, but he remembers speaking to the police very briefly on the phone before they showed up. Molina then asked the victim why there was no record of him calling 911, but the witness had no answer.

The victim confirmed that he had not been injured, and had not received treatment for any injuries after the crime.

Following the victim’s testimony, the prosecution called the victim’s brother to testify, as he was working with the victim during the shooting. His testimony differed from the victim’s.

The victim’s brother testified that the victim never left the bathroom during the shooting, stating that he had pushed himself and his brother to the floor to avoid the bullets of the assailant.

During cross examination, Molina asked if the victim’s brother had actually seen the bullets fired when he tackled his brother to the ground. Though he was confident Zuniga was the assailant who had fired, the eyewitness admitted that he had never actually seen shots being fired.

Next, the prosecution called up another family member who had been working in the bathroom during the offense.

According to the witness, he had seen a man in a white puffer coat point a gun at his uncle, but had been unable to see much due to how crowded the hallway had been. He added that he heard two or three gunshots coming from the doorway of the bathroom.

During cross examination, Molina asked the witness if the defendant was the man he had seen in the white puffer coat and holding the gun. The witness responded that he was not.

Next, the prosecution called another family member who had witnessed the crime. He stated that a man wearing a white puffer jacket, and with a neck tattoo, had pushed him and his cousin down the hallway, and pulled out a gun as he approached the bathroom. He stated that he didn’t see anything that happened after, but heard three or four gunshots.

During cross examination, Molina also asked this witness if the man in the puffer coat was the defendant, to which the witness responded that he was not.

Then the prosecution called an employee of the shelter who was cleaning in the bathroom at the time of the attack. The eyewitness saw a man she called “Mickey Mouse” with a drill moments before shots were fired.

She calls the man “Mickey Mouse” because of a sweater he often wore with the cartoon character around the shelter. The eyewitness believed that Zuniga was “Mickey Mouse,” and he was seen holding an active drill with both hands.

Despite testifying to hearing gunshots, the eyewitness never saw a gun. In cross examination, Molina affirmed the last thing the witness saw before leaving was Mickey Mouse with the drill in his hands.

The witness testified there was another individual allegedly involved in the shooting who was known as “El Mecanico,” and she saw him in the doorway of the bathroom at the time of the incident. According to the witness, he was wearing a white jacket.

In redirect, the eyewitness affirmed to prosecution that she only heard gunshots after she had left the shelter.

Prosecution then called an expert forensic scientist to testify.

Finally, the prosecution called a detective from the MPD to testify regarding footage he collected from three cameras around the building where the crime occurred.

He stated that he had come in contact with Zuniga before, and had seen him wearing the same clothes as he appeared to be wearing in the security camera footage. He stated that Zuniga was “facing the camera in a Mickey Mouse long sleeve shirt.”

Parties are slated to return Feb. 14.

Document: MPD Investigates a Traffic Fatality in Northwest

The Metropolitan Police Department (MPD) is investigating a single-vehicle crash that resulted in the death of a man on Feb. 12, on the 6100 block of 3rd Street, NW.

According to MPD documents, a vehicle driven by a man was traveling southbound at the location, when he crossed into the northbound lane and struck an unoccupied parked vehicle. After the initial crash, the vehicle struck another unoccupied vehicle. The vehicle came to a rest in the northbound lane facing west.

The sole occupant and driver of the vehicle died on the scene from the injuries sustained in the crash.

The man was identified as 27-year-old Francisco Efrain Sorto Mendez.

Anyone with any knowledge about the incident should contact police.

Document: MPD Arrests Man for Southeast Homicide

The Metropolitan Police Department (MPD) announced the arrest of a man in connection to a fatal shooting that occurred on Dec. 6 on the 2600 block of Naylor Road, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male suffering from a gunshot wound. The victim was transported to a local hospital, where he died from his injuries.

The victim has been identified as 24-year-old Tyejuan Harkum.

On Feb. 13, pursuant to a DC Superior Court arrest warrant, MPD arrested and charged 26-year-old Robert Straughter with second-degree murder.

Judge Sentences Non-Fatal Shooting Defendant to 30 Months Confinement

On Feb. 13, DC Superior Court Judge Erik Christian sentenced a non-fatal shooting defendant to 30 months of incarceration.

Marquett Brown, 35, was initially charged with assault on a police officer while armed, unlawful possession of ammunition, unlawful discharge of a firearm, possession of an unregistered firearm, possession of a firearm during a crime of violence, and carrying a firearm outside of a home or business for his involvement in a non- fatal shooting that took place on Feb. 11, 2022, at the 4500 block of Benning Road, SE.

According to court documents, the incident stemmed from an altercation that occurred between Brown and an officer, after the defendant refused to wear an appropriate COVID-19 mask required at the time in a Department of Motor Vehicle (DMV) location.

During the altercation, the firearm fell from the officer’s belt, Brown picked it up and proceeded to discharge said firearm in the DMV. There were no injuries reported.

On Oct. 20, 2023, Brown accepted a plea deal extended by prosecutors, which required him to plead guilty to attempted aggravated assault knowingly, unlawful discharge of a firearm, and unlawful possession of a firearm by a prior convict, in exchange for a dismissal of all other charges.

At the sentencing, Brown’s defense attorney, Adgie O’Bryant, implored the judge for leniency, pointing out that the event was caused by Brown not being medicated for his anxiety and depression. He insisted that he could be strictly monitored by a supervision agency and would have a place to live with his grandmother. Brown however, did not have any family present at the hearing.

The prosecution pointed out that Brown had already accepted responsibility for pretrial conditions and then broke those conditions. They also pointed out that Brown had two prior convictions of robbery.

Judge Christian expressed concern over the potential people who could have been harmed when the shooting occurred, the chaos that tends to ensue when Brown is on release, and how Brown might commit a crime of a similar nature again.

Due to the nature and circumstances of the offense, Judge Christian sentenced Brown to 24 months for the attempted aggravated assault and unlawful possession of a firearm by a prior convict, which will run concurrent to each other. He also sentenced Brown to six months for the unlawful discharge of a firearm charge, which will run consecutive to the other charges.

Additionally, Brown will be required to serve a three year supervised release, and must register as a gun offender.

“You are where you are because of what you were doing,” said Judge Chistian.

“I respect your opinion, your honor but-,” replied Brown.

“It’s not an opinion, it’s a fact,” said Judge Christian.

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