Preliminary Hearing Rescheduled Because Homicide Co-Defendant Faces other Charges

On Oct. 31, a preliminary hearing held in front of DC Superior Court Judge Marisa Demeo was rescheduled when defense attorneys discovered one of the co-defendants was being charged with another homicide.

Aaron Walker, 19, and Dasani Dawson, 19, are charged with first-degree murder for their alleged involvement in the fatal shooting of 20-year-old Brian Buxton. The incident occurred on Aug. 9, 2022 on the 100 block of Irvington Street, SW.

Walker’s defense attorney, Brandi Harden, stated she was informed by prosecution that Walker would be charged in another homicide minutes before the proceeding was set to begin.

The details of the case were not specified.

Harden explained she needed more time to prepare for the preliminary hearing given this new information.

Parties will reconvene Dec. 14 for the rescheduled preliminary hearing.

Defendants Plead Guilty in Homicide Case

On Oct 30, DC Superior Court Judge Robert Okun conditionally accepted Malachi McFarland and Andre Smith‘s guilty pleas for their involvement in a homicide case.

McFarland, 23, and Smith, 26, are charged with first-degree murder while armed, possession of a firearm during crime of violence, and unlawful possession of a firearm with a prior conviction, for their suspected involvement in the fatal shooting of 29-year-old Kerry Odoms on April 15, 2021, on the 3300 block of 10th Place, SE.

McFarland and Smith agreed to plead guilty to second-degree murder while armed. Both waived their rights to a jury trial.

Judge Okun conditionally accepted the guilty plea of the defendants, pending further review of the plea offer.

Scheduling is set for Jan 12.

Judge Orders Full Competency Exam for Homicide Defendant

On Oct. 30, DC Superior Court Judge Anthony Epstein ordered a full mental competency exam for a homicide defendant.

Raymond Mathis, 36, along with Deandre Sams, 27, and Keshawn Lavender, 22, are charged with first-degree murder for their alleged involvement in the fatal shooting of 32-year-old Matthew Miller on Sept. 5 in an apartment on the 200 block of M Street, SW.

According to the police report, all three defendants attempted to steal drugs and money from the victims. The incident led to a shooting that injured five and killed Miller. All three defendants were shot.

A doctor from the DC Department of Behavioral Health (DBH) recommended a full exam to determine Mathis’ mental competency. During the hearing the prosecution and defense agreed and Judge Epstein ordered the screen be done before the next hearing.

The next hearing is Dec. 1.

Homicide Defendant Pleads Not Guilty In Arraignment

On Oct. 31, a homicide defendant pleaded not guilty to ten indictment charges in connection to a homicide before DC Superior Court Judge Maribeth Raffinan.

Jerome Israel, 19, is charged with premeditated first-degree murder while armed, possession of a firearm during a crime of violence, and three counts of carrying a pistol without a license outside of a home or business, among other charges, for his alleged involvement in the fatal shooting of 24-year-old ChaQuan Barbett. The incident occurred on Aug. 23, 2022, on the 2300 block of Minnesota Avenue, SE.

According to prosecutors, Israel is also charged in another case with conspiracy, six counts of unauthorized use of a vehicle, and six counts of possession of a firearm during a crime of violence, for his alleged involvement in a string of carjackings that occurred between Aug. 20 and Aug. 29, 2022.

Lisbeth Saperstein, Israel’s defense attorney, alerted the court Israel is pleading not guilty to all charges in connection to the murder and asserted his constitutional rights, including the right to a speedy trial.

When setting trial dates, prosecutors told Judge Raffinan that they may combine the trials for both cases, but that it’s not yet guaranteed.

Judge Raffinan ordered prosecutors to alert defense attorneys and the court by May 1, 2024 whether or not they’re planning to combine the cases.

A trial date was set for February 2025.

Parties are expected back Jan. 9, 2024 for a status hearing.

Defense Motions Likely Delay 2020 Homicide Case

On Oct. 25, the defense presented a series of complicated motions that all but certainly delayed a 2020 fatal shooting trial before DC Superior Court Judge Maribeth Raffinan.

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

The pending defense motions include a request to dismiss the indictment due to so-called Brady violations meaning the prosecution failed to turn over potentially exonerating evidence.

The defense is also asking the court to suppress GPS tracking data regarding the suspect’s movements, as well as a motion to suppress evidence from the search of Walters’ girlfriend’s home. In addition, the defense is challenging statements Walters made while waiving his rights along with physical evidence collected in the case.

In response prosecutors asked for the Nov. 6 trial date to be moved so the court could resolve the outstanding matters.

Also during the proceeding, a Metropolitan Police Department (MPD) detective finished his account of Walter’s arrest, warrants filed, and evidence uncovered. He acknowledged the Department of Youth Rehabilitation Services (DYRS) was actually monitoring Walter’s whereabouts by GPS at the time of the shooting.

Displaying a draft of a search warrant affidavit, defense attorney Sylvia Smith notes Daniels as saying words to the effect of, “You are going to let him hit me,” suggesting another person could have been at the incident.

The detective testified the statements were recovered from an audio recording but could not recall if he left out that remark in the final version of the warrant.

Following the detective’s testimony, Smith called an investigative specialist from the DC Public Defenders Service (PDS). The specialist spoke with another MPD detective who wrote a search warrant to track a T-mobile phone number that is allegedly linked to Walters but had no knowledge of the case at that point.

According to the investigator, the detective didn’t speak to witnesses or other law enforcement officers and wasn’t conducting any “on the ground work.”

Meanwhile, Smith alleged the prosecutors were attempting to stall the trial but presuming the outstanding issues are resolved, “We’re ready to go, prosecution should be too.”

Judge Raffinan asked that the prosecution file a motion for continuance effectively delaying the trial date.

Parties are expected to reconvene on Oct. 30 to resume the motions hearing.

Document: Updated with Photo MPD Investigating Death of Juvenile Male After Carjacking

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating the death of a 13-year-old male on Oct. 28 on the 600 block of D Street, NW, after he was shot by a man he carjacked.

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

The investigation found that the carjacking victim was sitting in his car when he was approached by two juveniles. They demanded he get out of his car, with one holding his hand in his front waistband pocket as if he had a handgun. As the victim was getting out, he produced a handgun and shot one of the suspects. The other suspect fled the scene.

The decedent has been identified as 13-year-old Vernard Toney Jr.

The victim of the carjacking was an off-duty federal security officer who was waiting in his vehicle for his shift to begin. He had a legally owned firearm and is cooperating with the investigation.

Detectives are searching for the second suspect involved in the carjacking, who was captured by a surveillance camera and can be seen in a photo below.

MPD is offering a reward to anyone that provides information that leads to the arrest and conviction of the person or persons involved in violent crimes in the District.

Trial Date Pushed to Next Year as Motions Hearing Continues in 2020 Homicide Case

On Oct. 30, a lengthy motions hearing for a 2020 fatal shooting continued before DC Superior Court Judge Maribeth Raffinan.

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

On July 13, defense attorneys filed a motion to release so-called Brady information, on the grounds the prosecution failed to disclose all potentially exculpatory evidence against Walters. It would also require both parties to share the evidence and witnesses they plan to use during trial.

Walter’s defense attorney, Sylvia Smith, argued someone in jail contacted the prosecution with key information about the homicide and those involved. The unnamed person allegedly denied Walter’s involvement in the shooting. Smith stated, “There is evidence of other people committing this crime.”

However, the prosecution argued the previous prosecuting attorney attempted to set up a meeting with the witness, but was unsuccessful due to Covid regulations. A disclosure letter was not sent until much later, when the current prosecutor was assigned to the case.

Since then that individual has died, leading Smith to argue key information had been deleted.

Smith stated, “This is the type of Brady information that results in dismissal.”

Responding to Smith’s motion to suppress statements Walters provided while waiving his Miranda rights, prosecutors argued Walters was “knowing and aware” of his situation discussing the matter with police.

“There is clear understanding on both sides,” said the prosecution.

Smith said Walters was never told he could withhold consent at any time. She stated detectives started asking questions before they had read him his rights.

She also said Walters was sleep deprived, hungry, and had been “held outside in the cold for over an hour…He wasn’t provided adequate food, he was given water and chips”. Smith said there were multiple times where Walters said he did not want to speak to police.

Judge Raffinan expressed concern with the motions’ timeline and did not believe she could rule on all of the requests before the scheduled Nov. 6 trial.

The new trial date is set for March 4.

Parties are expected to reconvene Oct. 31 for a continued motions hearing.

Defendant Pleads Guilty in Non-Fatal Shooting

On Oct. 30, DC Superior Court Judge Heidi Pasichow accepted a non-fatal shooting defendant’s guilty plea.

Manaen Hines, 31, was originally charged with assault with a dangerous weapon and carrying a pistol without a license outside a home or business for his involvement in a shooting on Aug. 18, on the 3000 block of Martin Luther King Jr. Avenue, SE. One individual was shot and transported to a local hospital for non-life-threatening injuries to their abdomen.

Hines agreed to plead guilty to assault with a dangerous weapon and carrying a pistol without a license, to avoid an indictment. Under oath, he waived his right to trial and request independent DNA evidence testing.

The prosecution agreed to disregard certain factors that could lead to a harsher sentence. They also discussed the evidence they would have presented had the case gone to trial. They claimed that on Aug. 18, witnesses saw Manaen shooting a victim in the back, then leaving the scene.

Sentencing is scheduled for Jan. 5, 2024

Defense Counsel Surprised by Pre-Preliminary Plea Deal

On Oct. 30, DC Superior Court Judge Jason Park presided over a status hearing during which a non-fatal shooting defendant rejected a plea deal.

Deon Jenkins, 45, is charged with unlawful discharge of a firearm, felony possession of a firearm, carrying a dangerous weapon outside the home or business with a prior felony, unlawful possession of ammunition, and possession of a destructive device for his alleged involvement in an exchange of gunfire on June 5 on the 1200 block of 18th Place, NE.

Jenkins is allegedly seen on surveillance footage running through an alleyway before shooting at a vehicle the defendant claims was driving towards him.

According to court documents, Jenkins was later located by the Metropolitan Police Department (MPD) with gunshot wounds to both legs and right hand on the 1700 block of M Street, NE. No injuries were reported.

When asked by Judge Park if a plea offer was ever on the table, defense counsel Lauren Morehouse said she did not believe so, but the prosecution disagreed.

The prosecution said they’d made an offer before the preliminary hearing that would have allowed Jenkins to plead guilty to felony unlawful possession of a firearm with all other indictment charges being dismissed.

Morehouse discussed the plea offer with her client, but Jenkins quickly rejected it, standing by the alleged self-defense aspects of this case.

Morehouse requested extensive so-called Brady materials to be disclosed, specifically the information regarding Jenkins’ shooting. This kind of information includes material evidence that is often favorable for the defense.

A trial date is set for April 2024.

Parties are expected to return on April 5 for a trial readiness hearing.

Data Shows Three Mass Shootings Occurred in DC in September

D.C. Witness recorded a total of 43 non-fatal shooting and homicide victims for the month of September, in 25 different incidents.

Of those victims, 23 were homicide victims and 20 were non-fatal shootings victims. All the homicides stemmed from shootings.

There were three mass shootings in the District in September. The first, which occurred on Sept. 5 in an apartment on the 200 block of M Street, SW, left five individuals suffering from non-life-threatening injuries but took the life of 32-year-old Matthew Miller.

According to Metropolitan Police Department (MPD) documents, three suspects attempted to steal drugs and money from those in the apartment. The plan went awry, leading to the mass shooting.

Keshawn Lavender, 22, Deandre Sams, 27, and Raymond Mathis, 36, were arrested and charged with first-degree murder while armed and felony murder for their alleged involvement in the incident.

On Sept. 23, a mass shooting occurred at a nightclub on the 1300 block of H Street, NE which left three individuals suffering from non-life-threatening injuries but killed 31-year-old Blake Bozeman.

MPD is still searching for the individual or individuals responsible.

Likewise, on Sept. 27, MPD officers responded to the 2500 block of 14th Street, NE, following the report of a shooting, where they located 41-year-old Nathaniel Limes and 46-year-old James Cooper Jr. suffering from gunshot wounds. They both succumbed to their injuries at the scene.

A third victim was located with gunshot wounds, and was transported to a local hospital for treatment of non-life-threatening injuries. Two additional victims were located at other hospitals receiving treatment for non-life-threatening injuries.

MPD is still searching for the individual or individuals responsible for that shooting.

MPD has arrested and charged individuals in connection to three out of the 25 incidents through the District in September.

Homicide Defendant to Be Released Next Year

On Oct 30, DC Superior Court Judge Robert Okun granted a homicide defendant’s delayed request for release.

Lamar Wright, 19, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 27-year-old Derrick Thomas on May 2 on the 400 block of Condon Terrace, SE.

Defense attorney, Sylvia Smith, requested Wright’s release acknowledging that he will be detained until Jan. 25, 2024 but without further delay.

The prosecution motioned for Wright’s detention, because the victim’s family feels he is a danger to the community and they find the whole situation is “traumatic and painful.”

Judge Okun decided not to detain Wright beyond the current release date because his case,” just barely made probable cause.” Currently, Wright is currently ineligible for supervised release resulting from a sentence for possessing a firearm, which is related to this case.

The court will meet on Jan. 22 to confirm the specifics of Wright’s supervised release in the new case.

Case Acquitted: Judge Grants Defense Motion to Sever Shooting Case

Donnell Tucker was acquitted of all charges on Jan. 31, 2024.

On Oct. 30, DC Superior Court Judge Sean Staples granted several motions, including a motion to sever co-defendants’ cases, in a non-fatal-shooting.

Tiaquana Chandler, 42, and Donnell Tucker, 27, are charged with conspiracy, first-degree burglary while armed, and two counts of possession of a firearm during a crime of violence, among other charges, for their alleged involvement in a shooting that occurred on March 28, on the 3400 block of 13th Place, SE. The incident left one individual suffering from non-life threatening injuries.

Chandler’s defense counsel, Thomas Healy, filed a motion to suppress statements that Chandler made to police in an interview. Healy claimed that the detective that read Chandler her Miranda Rights did not do so appropriately and “charmed” her into talking to them about the incident.

The prosecution called a detective from the Metropolitan Police Department (MPD) that interviewed Chandler to testify. The detective stated that he read her Miranda Rights to her exactly as stated on the document and watched her sign and verbally agree.

According to the detective, he told her she did not have to talk to him if she did not want and that he “could not do anything about it” if she refused to speak to him.

Judge Staples stated that from the video of the interview that was shown in court, in addition to the detective’s testimony, it clearly shows her Miranda Rights were read appropriately. He therefore found that her statements to police were voluntary and denied the defense’s motion to suppress statements.

The prosecution filed a motion to admit statements made by Chandler from jail calls. The prosecution reviewed numerous statements made by Chandler from many jail phone calls, requesting that the judge deem them admissible for trial. Statements such as “The [n-word] choked me,” “S*** is snitching on me,” and “call him, he needs to stay the f**k away from [inaudible]” were discussed and admitted by the court.

Judge Staples allowed statements that went against penal interest, which allows for statements that would usually be hearsay and inadmissible, to be admissible in court.

Judge Staples allowed statements that go to Chandler’s state of mind at the time, such as “He must stay the f**k in Maryland,” Any statements that Judge Staples classified as “blame-shifting” were denied and not found admissible to be used in trial.

Healy and Tucker’s defense attorney, Marnitta King, filed motions for severance for their clients that asked the court to try both defendants independently. King stated that Tucker would like the cases to be separate because he wants to call Chandler to testify at his trial. King says Chandler will testify that Tucker was not present at the time of the incident.

Judge Staples cited case law from Rollerson v. United States, and stated that in order to consider severance the court must find that there is an exculpatory nature to the testimony, the defendant has a desire to testify, and the defendant has a willingness to testify.

Healy says that Chandler wants her trial to finish first since she’s less likely to make self-incriminating statements than if the two cases were tried together.

Healy and King argued since Chandler’s testimony is crucial to Tucker’s defense, severing the case and trying Chandler first is the best decision.

Judge Staples stated that he found all three requirements necessary and that there is “a good-faith basis that she will testify” and granted the severance.

Chandler’s trial is set to go forward on Oct. 31 and Tucker’s trial will proceed based on the outcome of this trial.

Document: MPD Investigating Death of Juvenile Male After Carjacking

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating the death of a 13-year-old male on Oct. 28 on the 600 block of D Street, NW, after he was shot by a man he carjacked.

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

The investigation found that the carjacking victim was sitting in his car when he was approached by two juveniles. They demanded he get out of his car, with one holding his hand in his front waistband pocket as if he had a handgun. As the victim was getting out, he produced a handgun and shot one of the suspects. The other suspect fled the scene.

The decedent has been identified as 13-year-old Vernard Toney Jr.

The victim of the carjacking was an off-duty federal security officer who was waiting in his vehicle for his shift to begin. He had a legally owned firearm and is cooperating with the investigation.

Detectives are searching for the second suspect involved in the carjacking.

Document: One Teen Dead and Another Arrested After Traffic Crash

The Metropolitan Police Department’s (MPD) Major Crash Investigations Unit is investigating a traffic fatality that killed a teen on Oct. 26, on the 1300 block of Bryant Street, NE.

According to MPD documents, a teenage girl was driving a Honda Pilot at a high rate of speed and failed to navigate the traffic circle at Brentwood Road and Bryant Street, NE. The vehicle struck a utility pole turning the vehicle onto its roof, and then struck another vehicle before coming to a stop.

A Toyota Camry, also being operated at a high rate of speed, failed to navigate the same traffic circle. The operator lost control and collided with the retaining wall at the same location. Three occupants of the Camry exited the vehicle and two of the suspects fled the scene. A 15-year-old juvenile female who was a passenger in the Camry, remained on the scene and was arrested for unauthorized use of a vehicle.

The operator of the Honda Pilot, 16-year-old Kendra Outlaw, died at the scene.

The Pilot was carjacked on Oct. 26 on the 3700 block of Southern Avenue, SE, and the Camry was carjacked on Oct. 25 in Prince George’s County, MD.

MPD is requesting anyone who has knowledge of the incident to call them.

Judge Finds Probable Cause in Homicide Case–Just Barely

On Oct. 26 DC Superior Court Judge Robert Okun found probable cause in a homicide defendant’s case.

Lamar Wright, 19, is charged with one count of first-degree murder while armed for allegedly shooting 27-year-old Derrick Thomas on May 2 on the 400 block of Condon Terrace, SE.

According to Metropolitan Police Department (MPD) documents, when officers arrived at the scene of the crime, they found that Thomas’ brother was with him, also suffering from a gunshot wound to the leg, but survived.

The prosecution called the lead MPD detective to testify, and he identified Wright as the suspect. He testified that the shooting occurred at the intersection of Condon Terrace and Yuma Street at approximately 7:24 p.m.

According to the detective, an MPD officer who was responding to a separate case nearby heard gunshots and explained to the detective that he saw a white sedan pull away from the crime scene. He noted that the only description of the alleged suspects was that they were “all Black” and wearing “masks.”

The prosecution provided 28 segments of surveillance footage depicting the day before the shooting occurred and the day of the shooting. In the footage, men are seen entering and exiting an apartment building. On the day of the shooting, one man is seen attempting to conceal the camera in front of the door to their apartment.

Others are visible entering and exiting a white sedan multiple times. Wright is alleged to have been in the front passenger seat of the vehicle.

The MPD detective testified two witnesses gave statements to MPD officers explaining they saw two men wearing masks get out of the back of the vehicle, shoot at Thomas and the surviving victim, then get back into the vehicle and flee the scene of the crime.

Wright’s defense attorney, Sylvia Smith, argued that Wright is not the alleged shooter as surveillance footage shows him entering and exiting the front passenger seat, rather than the back of the vehicle. When the white sedan arrives back at the apartment, Wright is seen getting out of the front passenger seat again. Smith asserted that the defendant was never a suspect until MPD came upon the video of the defendant at the apartment.

In addition, Smith found that Wright and Thomas “seemed friendly” with the two appearing in a YouTube video together.

The prosecution acknowledged there is a 19-minute gap in the footage after the crime occurred. Therefore, they think Wright could have been one of the two alleged shooters, regardless of his being in the front passenger seat in the white sedan.

The prosecution argued that the defendant could have “easily gone to the front” of the vehicle after the shooting during the missing footage before he’s seen exiting the front passenger seat when the white sedan arrives back at the apartment.

Judge Okun decided there were grounds for probable cause. He said it was close and decided by, “the skin of the teeth.”

He agreed with Smith that the evidence presented, “required speculation,” however he believed the video showing Wright entering and exiting the car allegedly involved in the homicide was enough for probable cause.

After the ruling Smith argued that the defendant should be released on personal recognizance and be placed on home confinement. Wright’s mother could house him and Smith argued that he is not a present danger and does not pose a flight risk. She cited that he has no previous criminal past and has been cooperative with authorities.

Judge Okun agreed, however Wright does not qualify for release because he has a pending hearing on Oct. 27 for possession of a firearm related to this case.

The parties are set for the next hearing on Oct. 30

Search