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Homicide Defendant Sentenced to Eight-and-a-Half Years

On Oct. 27, DC Superior Court Judge Maribeth Raffinan sentenced a homicide defendant to eight-and-a-half years incarceration.

Demarcus Barnett, 20, was originally charged with second-degree murder while armed for his involvement in the shooting death of 62-year-old Lasanta McGill on June 8 on the 1900 block of 7th Street, NW. 

During an Aug. 28 hearing, Barnett accepted a plea agreement that lessened the second-degree murder charge to voluntary manslaughter while armed. 

According to prosecutors, the pro,e occurred after Barnett had been robbed by two individuals in a building. He followed them out, and as they walked down a sidewalk, fired at them at least eight times, with one of the bullets hitting McGill. 

“McGill was an innocent bystander in the incident,” said the prosecutor. The two robbers shot back at Barnett, when McGill was no longer in the direct line of fire as he was hiding between two parked vehicles. 

Barnett sustained injuries from the crossfire, and sought aid at a local hospital where he was placed under arrest. 

Judge Raffinan imposed a sentence of 102 months for Barnett’s involvement in McGill’s death, and is required to serve a mandatory minimum of five years incarceration. He is also required to serve five years of supervised release, and register as a gun offender. 

Judge Raffinan sentenced Barnett under the Youth Rehabilitation Act (YRA), which would effectively seal his case after he completes his requirements. 

Case Acquitted: Witness Testimony Continues in Murder Trial

This case was acquitted on Nov. 15, 2023.

On Oct. 26, more prosecution testimony was presented in a 2020 Homicide trial before DC Superior Court Judge Anthony Epstein

Michael Austin, 28, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of 26-year-old Kayvon Kinney on the 1800 block of Gainesville Street, SE, on May 24, 2020.

During the prosecution’s opening statements they said Austin was seen by multiple eyewitnesses, “running away because he killed Kayvon Kinney” 

To build their case, the prosecution called a witness to describe the early morning hours of the shooting. She explained she had been driving for Uber that night and early morning, and while sitting in the car on the phone, she heard about five gunshots. Then she saw a man run to a vehicle that was parked directly in front of her car, get inside, and drive away. 

The witness described the individual as a “young Black man in his 20’s,” wearing black jeans and a shirt, with something unidentifiable in his hand. She described this man as sprinting frantically to a car, and driving extremely fast, not even stopping for a traffic signal.

According to the witness, she felt the man was suspicious; therefore she wrote down the information about his car in her phone and reached out to the detective on this case. 

The prosecution continued by calling a witness from the apartment complex where the incident occurred, who claimed to have seen the shooting from his bedroom window. The witness stated he was playing video games next to a window when he heard two gunshots. Then he looked out the window and saw a man standing over another man, with a gun apparently in his left hand, firing at the individual on the ground. 

The witness stated that he could see light coming out of the gun so he knew the individual was shooting. According to the witness, there were only two individuals in the parking lot at the time of the shooting and described the shooter as a black individual, wearing blue jean shorts, and a white T-shirt. The witness stated he saw the individual shoot the man on the floor, and then flee on foot to the left of the parking lot, sprinting past a green Chevy truck.

Parties are set to return on Oct. 30 to resume testimony.

Homicide Defendant Claims Guard at DC Jail Denies Him Food, Judge Concerned

On Oct. 27, attorneys for a homicide defendant alerted DC Superior Court Judge Michael O’Keefe that a specific unnamed guard is allegedly denying their client food as he’s detained at the DC Jail. 

Jordan Jones, 23, is charged with premeditated first-degree murder while armed, 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 shooting of 18-year-old Noel Nicol on Oct. 11, 2021, on the 2000 block of Savannah Place, SE.

According to prosecutors, officers for the Metropolitan Police Department (MPD) located Nicol’s body in a vehicle three days after his murder. 

Todd Baldwin, Jones’ new defense attorney, alerted the court that Jones said he’s being denied food by a specific guard at the DC Jail. According to Baldwin, the guard has something against Jones, and wanted the court to be aware. He stated he plans to contact Superior Court attorneys and the DC Jail’s General Counsel. 

“If they are denying him food, it is not okay,” said Judge O’Keefe. He told Baldwin to alert the General Counsel, and he will intervene if it continues to happen. 

Parties are expected back Dec. 5 for a status hearing. 

Defendant Sentenced 16 Years for Friend’s Death

On Oct. 27, DC Superior Court Judge Michael O’Keefe sentenced homicide defendant, Andre White, to 16 years incarceration for involvement in his friend’s death. 

White, 50, was originally charged with premeditated first-degree murder in the fatal shooting of 38-year-old Darnell Bernard Shaw Jr., also known as DJ, on Nov. 9, 2022, on the 1300 block of Savannah Street, SE. 

On Aug. 25, White accepted a plea offer extended by prosecutors that required he plead guilty to one count of voluntary manslaughter in exchange for a guarantee that the prosecutors would not indict the case. 

Shaw’s family members at the hearing were unhappy with the plea agreement and proposed sentences, arguing that it was not enough to provide justice and closure for their family. 

Shaw’s brother stated “We’re here due to a flawed system,” arguing that it doesn’t make sense that an individual who takes another person’s life can only serve between eight-and-a-half-to -16 years incarceration. “My brother’s gone, we can’t change that,” he said, telling White that he left his forgiveness up to Shaw’s mom and God. 

According to his brother, Shaw “wasn’t a perfect man, but he was loyal… he didn’t have much, but would give [to others] what he could”. 

Shaw’s aunt said, “You don’t just hurt their victim, you hurt their family and others,” arguing that their family has experienced a great loss since Shaw’s life was taken. “He’s dead, do you feel better? Does it make you more of a man? No, you’re a murderer,” she insisted. 

Shaw’s other brother said to White “I’m sorry you have to go through this situation by yourself,” referring to the fact that no one has shown up to support White in any hearing. He continued by saying “I hope this court gives you what you deserve”. 

Shaw’s mother mentioned Shaw’s and White’s six-year friendship, stating that when she had to go to work at 4 a.m. White would be the one to walk her to the bus stop. “Andre, you have denied me holidays and birthdays with him,” Shaw’s mom said. 

“You were spiteful,” she said, insisting that he strategically planned the killing by her sister’s house. According to Shaw’s mom, during an earlier altercation on Nov. 2, 2022, White told Shaw he was going to kill him. 

“You had to shoot him in the back four times, like a coward,” she insisted. Shaw’s mom told White she forgives him, but “had the opportunity been different, I’d be in your seat, and you’d be a dead man… but that wouldn’t do justice to my family”. 

“I loved you like I love my son,” Shaw’s mother proclaimed. “You will suffer… Andre, DJ will visit you tonight,” she said, to which White replied “He visits me every night.”

Prosecutors argued that there is “no question that it was first-degree murder,” but they offered the voluntary manslaughter agreement because they were unsure if a DC jury would see it that way based on the defense’s arguments. 

Prosecutors claimed that White had taken “reluctant, half-hearted accountability,” stating that he did not take full responsibility for his actions, but rather blamed the victim during his pre-sentence report.

As part of their allocution, prosecutors displayed a video made as a tribute to Shaw by his brother. 

Quo Mieko Judkins, White’s defense attorney, acknowledged the tragedy the Shaw family is experiencing, and stated that “White wishes he could go back in time,” and “apologizes to [Shaw’s] loved ones”. 

Judkins argued that this case is an example of imperfect self-defense. Justia, a website specializing in legal information, explains imperfect self defense argues that “while the defendant’s actions were unjustified, they did not have the malice element that is required to get a murder conviction”. 

According to Judkins, during a Nov. 2, 2022 altercation, Shaw broke White’s arm with a baseball bat, which required two surgeries to repair while he’s been incarcerated. She claims that the altercation stemmed from a dispute about drugs and name-calling, in which they called one another “crackheads” and White called Shaw a “sorry-a** drug dealer”. 

During the altercation, White told Shaw “you better not hit me with that bat. If you hit me I’ll fu****g kill you”. 

According to Judkins, White believed that Shaw was going to do something to him on Nov. 9, 2022, and that’s why he shot him. She argued he’s accepted responsibility, and 16 years behind bars for someone with the health issues White deals with is a “death sentence”.

White was diagnosed with Lupus, Multiple Sclerosis (MS), and Sickle Cell Syndrome, according to Judkins. He also deals with trauma from his childhood, and is a survivor of 14 gunshots. Has a longstanding addiction to drugs, and “regrets that this happened”.

Judkins requested Judge O’Keefe impose a sentence of eight-and-a-half years given his difficult life experience.

After expressing condolences to the family, Judge O’Keefe imposed a 16 year sentence. White is required to serve five years of supervised release, register as a gun offender, receive anger management, mental health, and substance abuse assessments and treatments, as well as participate in Cognitive Behavioral therapy. 

“You ruined two lives here, ruined your life and took [Shaw’s] life,” Judge O’Keefe said. “You’re essentially stuck with the consequences. Good luck, sir”.  

Two of Three Homicide Co-Defendants Waive Right to Independent DNA Testing

On Oct. 27, two of three co-defendants in a homicide matter alerted DC Superior Court Judge Michael O’Keefe that they were waiving their rights to independently test DNA evidence recovered from the crime scene. 

Daivion Williams, 25, Dijon Williams, 24, and Steven Washington, 24, are charged with first-degree murder while armed with aggravating circumstances, conspiracy, attempt to commit robbery while armed, carrying a pistol without a license, and two counts of possession of a firearm during a crime of violence, for their alleged involvement in the death of 30-year-old Nurudeen Thomas on the 1400 block of 14th Street, NW, on July 21, 2020. 

Prosecutors alerted the court they are not planning to test any evidence for DNA evidence, but that they had collected several items from the crime scene, including but not limited to two firearms, ammunition, a key fob, drug paraphernalia, and swabs from an Infiniti automobile. 

Pierce Suen and David Knight, Dijon’s defense attorneys, alerted the court they were planning to test certain items, but were unable to list them during the hearing. They stated they would send a proposed order to Judge O’Keefe’s chambers in the coming weeks. 

Davion and Washington waived their rights to independently test DNA evidence, and understood that they would not be able to request it be tested again.

Andrew Ain and Errin Scialpi, attorneys for Daivion, requested he be released under home confinement, stating that he has learned a “harsh lesson for his prior non-compliance” while he was previously released and living in Georgia. Ain requested he be placed under home confinement due to his presumption of innocence, which was quickly contradicted by Judge O’Keefe, who stated “presumption of innocence has nothing to do with release”.

Judge O’Keefe argued Daivion had been released in 2020 due to the pandemic, and had “violated his conditions time and time again,” even before he was assigned to Judge O’Keefe’s calendar. According to Judge O’Keefe, Brandt revoked Daivion’s release in July of 2022. 

Daivion was deemed a danger to the community by Judge O’Keefe, and will continue to be detained as he awaits trial, which is scheduled for April 22, 2024. Daivion’s mother, who appeared remotely, requested to speak to Judge O’Keefe, but was denied.

Washington remains on release, and Dijon continues to be held at Dodge State Prison in Georgia, where he’s serving a sentence for an unrelated matter that occurred in another jurisdiction.

Parties are expected back in court on April 5, 2024 for a trial readiness hearing. 

Preliminary Hearing Continued After Defendant Stabbed in DC Jail

At an Oct. 26 preliminary hearing, a non-fatal shooting defendant’s case was continued because he was hospitalized after being stabbed at the DC Jail.

Malique Outland,18, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a drive-by shooting that occurred on August 16 on the 200 block of 37th place, SE. One person was injured.

Outland’s defense attorney, Greg Baron, requested the case be continued as Outland couldn’t come to the courthouse because of the attack.

“The incident is currently under investigation by the Metropolitan Police Department (MPD) and the Department of Corrections (DOC) Office of Investigative Services,” the DOC Public Information Office said in an email about the stabbing on Oct. 25.

When DC Superior Court Judge Renee Raymond asked Baron what the extent of Outland’s injuries, he didn’t reveal their exact nature. Judge Raymond rescheduled the preliminary hearing for Nov. 1st.

‘A Lot to Unpack’: Preliminary Hearing in Murder Case Continues in November

On Oct. 27, DC Superior Court Judge Anthony Epstein reluctantly continued a lengthy preliminary hearing until mid-November in a double homicide case.

On Sept. 8, the Metropolitan Police Department (MPD) arrested and charged 33-year-old Jeremiah Jordan with first-degree murder while armed for his alleged involvement in the fatal shooting of 29-year-old Luke Whitaker and 19-year-old Zion Hollingsworth-Hayes.

According to MPD documents, officers responded on July 22 to the 1400 block of Girard Street, NW, for a shooting, where they located Whitaker. Shortly after, they found Hollingsworth-Hayes on the 1400 block of Fairmont Street, NW. Both victims were dead.

The prosecution called the lead MPD homicide detective who confirmed, as he wrote in the arrest warrant affidavit, that nine cartridge casings were recovered from the scene as well as a firearm found at from Jordan’s girlfriend’s house. However, the caliber of that gun didn’t match the collected cartridges.

Defense attorney Joseph Yarbough then cross-examined the detective regarding surveillance video allegedly showing Whitaker shoved Jordan before Jordan touched him, suggesting Jordan was afraid of getting hurt. Yarbough said the point is clearer when Jordan then puts his hands up.

Yarbough also directed the detective’s attention to an interview he did with a witness on a bike who rode past Jordan and Whitaker just before the incident. The witness heard an argument with the individuals saying, “This is my block!” and “I run this neighborhood!” followed by gunshots.

According to court documents, the witness allegedly saw Jordan use a black pistol with an extended magazine.

Yarbough said that Whitaker, the victim, may have had stronger connections to the neighborhood than Jordan, suggesting Whitaker, not Jordan, made the threats.

While MPD did not recover a weapon from or near Whitaker’s body, the detective’s search warrant affidavit describes the strong likelihood that Whitaker had contraband. In court, he cited Whitaker’s previous conviction for unlawful possession of a firearm and possession with intent to distribute narcotics in 2019.

The second victim, Hollingsworth-Hayes, ran after shots were fired. MPD recovered a knife and a gun from his path. Yarbough is expected to resume his line of questioning in mid-November. 

Judge Epstein seemed exasperated by Yarbough’s lengthy, almost repetitive questions, cutting in with “asked and answered” multiple times during the hearing. Yarbough’s says his extensive questions are organized in “chapter[s],” and he told Judge Epstein he needs about another hour because there is “a lot to unpack.”

The preliminary hearing is scheduled to continue on Nov. 13.

Defense Plans to Contest Mental Competency Finding in Homicide Case

On Oct. 27, defense attorneys for a homicide defendant alerted DC Superior Court Judge Michael O’Keefe they are planning to contest a mental competency finding submitted by the Department of Behavioral Health (DBH).

Julius Worthy, 39, is charged with one count of second-degree murder while armed for his alleged involvement in the fatal stabbing and shooting of 36-year-old Orlando Galloway on April 2 on the 200 block of 14th Street, SE. An adult female victim was found in the apartment suffering from multiple stab wounds, but survived. 

According to Christen Romero Phillips, Worthy’s attorney, the defense disagrees with the DBH report that found Worthy mentally competent to stand trial. She requested the court grant the defense time to find their own expert to evaluate Worthy. Judge O’Keefe reminded Phillips that contesting a competency finding must be filed promptly. 

Phillips also requested Worthy be released from the DC Jail, stating that the Department of Corrections (DoC) had not granted Judge O’Keefe’s request for Worthy to be placed in the Correctional Treatment Facility (CTF), a lower security environment, due to age and health issues. Phillips argued Worthy has family and community support, and would comply with any release conditions the court may impose. 

Prosecutors strongly opposed the request, stating that Worthy remains a danger to the community including the surviving victim. 

Judge O’Keefe denied the defense’s request for release, citing the circumstances of the case and the presumption that Worthy poses a danger to the community. 

Parties are expected back Jan. 5, 2024.

Document: Correction Northeast Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Oct. 25 on the 100 block of 35th Street, SE.

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

The victim was identified as 67-year-old Anthony Stewart.

MPD is offering a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for homicides committed in the District.

Judge Detains Convicted Non-Fatal Shooter as He Awaits Sentencing

On Oct. 26, DC Superior Court Judge Michael O’Keefe detained Vincent James as he awaits sentencing. 

On Oct. 24, James, 39, was convicted by a jury of aggravated assault knowingly while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, for his involvement in a non-fatal shooting that occurred at a liquor store on the 3900 block of South Capitol Street, SE, on July 30, 2020. One individual sustained non-life-threatening injuries in the incident. 

Once the verdict was delivered by the jury on Oct. 24, prosecutors requested Judge O’Keefe detain James stating he was convicted of a violent crime and needed to be held as he awaits sentencing. 

During the Oct. 26 hearing, Susan Ellis, James’ defense attorney, requested he be allowed to remain on release as he awaits sentencing, stating he has been in compliance with his release conditions since 2020. 

A Pretrial Services Agency (PSA) representative stated that Ellis is correct about James’ compliance. 

Prosecutors argued James has been picked up other charges during his release, including driving while intoxicated in June, which is pending. 

According to prosecutors, James has a lengthy record of prior violent crimes, including an arrest in Prince George’s County, Maryland in 2022 for an incident in which he shot at his romantic partner. He accepted a plea deal in the summer of 2022, and is on probation for the offense. 

Prosecutors also argued that alcohol played a role in many of James’ incidents, including the shooting in July 2020, and he “continues to endanger people.”

Judge O’Keefe stated that Prince George’s County offense occurred while James was on release for the shooting in July 2020, and that had it not been for the pandemic, he would have been detained. 

“If he was in my calendar, I would’ve stepped him back immediately,” Judge O’Keefe said. 

Ellis requested James be put on home confinement, which Judge O’Keefe denied, stating that his probation in Maryland will likely be revoked and establishes him as a flight risk. He stated he “can’t find him not a danger”. 

Marshals detained James following the hearing.

A sentencing hearing is set for Jan. 12.

Court Waits for DNA Testing Results in 1992 Homicide Case

On Oct. 26, prosecutors alerted DC Superior Court Judge Michael O’keefe they are experiencing delays getting DNA testing results, and will continue to investigate other suspects for possible involvement in a 1992 homicide.

Ron Wright, 48, is charged with first-degree murder premeditated and felony murder for his alleged involvement in the death of 19-year-old Ricardo Burbano on March 30, 1992, at the 100 block of Q Street, NW. 

The prosecution said DNA testing was temporarily halted a couple weeks ago. However, it has resumed, and results should come in towards the end of the year. 

Prosecutors also alerted Judge O’Keefe they had begun to share evidence obtained during discovery with the defense, but that some pieces of evidence were being withheld as the investigation into other suspects is ongoing. 

David Benowitz, Wright’s defense attorney, requested prosecutors share the discovery under a protective order so they can begin to properly investigate and prepare for the case. 

Prosecutors alerted Judge O’Keefe they would discuss with their supervisors if they could share discovery under a protective order under some limits.

The parties are waiting to set a date for a jury trial until they have DNA testing results. 

A status hearing is scheduled for Feb 14.

Trial Delayed in First-Degree Murder Case

On Oct. 26, DC Superior Court Judge Marisa Demeo continued a jury trial in a first-degree murder case for two co-defendants. 

Delonta Stevenson, 28, and Vorreze Thomas, 25 are both charged with first-degree murder while armed for their alleged involvement in the fatal shooting of 32-year-old Terrance Allen on the 3000 block of Stanton Road, SE, on Jan. 18, 2021.

Howard McEachern, Thomas’ defense attorney, requested a continuance for the trial date based on health issues and gave his regrets saying he’s, “unable to give him the representation he needs right now.” 

Before ruling, the judge asked the other parties in the court to comment. The prosecution explained they were “ready to move forward today, but defer to the court on the next steps.” 

Thomas spoke directly to the judge and explained that he “was ready” for trial and that he is “tired” of waiting. After resting his head on the table, he exclaimed in frustration that he is “just sitting over in DC jail”. 

Before making the decision, Judge Demeo explained how “there are circumstances that come up” and it will be a “better trial in terms of just results if everyone is in good health”. 

Parties are expected back for a continued motions hearing on Nov. 8.

A trial date was set for January 2024. 

Judge Holds Homicide Defendant 

On Oct. 25 DC Superior Court Judge Eric Glover decided to hold a homicide defendant during a presentment hearing.

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

According to the prosecution, footage from her home surveillance shows Marks in a white shirt and blue shorts a few hours before the shooting. Marks also had a picture on her phone of a gun in a woman’s lap.

According to prosecutors, when Marks talked to law enforcement she confirmed she was at the location of the shooting, yet denied shooting Childs. 

Judge Glover said there is enough evidence to find probable cause. He noted the clothing the suspect is wearing is similar if not identical to what Marks was wearing the day of the incident. He said she was by her “own admission…being at the location.” 

The defense requested Marks’ release, but Judge Glover denied the motion on the grounds she could be a danger to the community.

A preliminary hearing is set for Nov. 8 in front of Judge Marisa Demeo.

Document: Northeast Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Oct. 25 on the 100 block of 35th Street, NE.

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

The victim was identified as 67-year-old Anthony Stewart.

MPD is offering a reward to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for homicides committed in the District.

Document: Bicyclist Dies After Being Struck by a Car

The Metropolitan Police Department’s (MPD) Major Crash Investigations Unit is investigating a traffic fatality that killed a man on Oct. 17 on the 1700 block of L Street, NW.

According to MPD documents, the investigation revealed that a man was riding a bicycle eastbound on the 1700 block of L Street, NW in the bicycle lane. As the cyclist crossed Connecticut Avenue, NW, he was struck by a silver 2014 Toyota Camry that was traveling northbound on Connecticut Avenue, NW. The bicyclist was ejected from his bike.

The victim was transported to a local hospital where he died from his injuries on Oct. 21. He was identified as 24-year-old Nijad Huseynov.

The driver of the Toyota Camry stayed on the scene.