Case Acquitted: Judge Denies Motions in Trial Readiness Hearing for Non-Fatal Shooting Case

This case was acquitted on Dec. 1, 2023.

On Nov. 13. DC Superior Court Judge Jason Park denied defense motions in a trial readiness hearing for a 2023 non-fatal shooting case.

Saphire Johnson, 24, is charged with aggravated assault while armed, two counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, destruction of property $1000 or more while armed, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, and unlawful possession of ammunition, for her alleged involvement in a shooting that took place on the 4100 block of Alabama Avenue, SE on June 28, 2023.

According to court documents the shooting took place outside of a funeral. Family members were gathering when an altercation led to a shooting between two individuals. Two people were shot, including Johnson, and transported to separate hospitals.

The hearing began with the discussion of previously filed motions by the defense to exclude the identification of Johnson by three separate witnesses.

The defense argued that the first witness, an eyewitness, did not have enough time to get an ample look at the shooter to identify them.

The prosecution argued that he had ample time to see the shooter, the witness was present before, during and after the shooting took place.

Judge Park agreed with the prosecutors, and said there was “Ample reason to believe that the identification was reliable.”

The other two witnesses have family ties to Johnson, and Judge Park said the identification of Johnson in court by these two witnesses was warranted.

Next, defense attorney Christen Phillips argued a motion to include implicit bias information which was filed on Nov. 9. Phillips requested that jurors see a video be shown in court about sexuality and views of homosexual women.

According to the motion filed by the defense Johnson identifies as a queer woman. The motion stated that implicit bias against LGBT+ and African Americans is common in the US. The video was meant to, “minimize the role of bias and prejudice during the jury’s deliberations”.

The prosecutor argued that the video was unnecessary. Judge Park agreed and denied the motion.

The parties also discussed a key witness who the defense recently found out has a mental health disorder. The defense is concerned the disorder could affect how the witness remembers and recalls information.

The parties will reconvene Nov. 14.

Judge Denies Motions for Release And Dismissal in 2020 Homicide Case

On Nov. 13, DC Superior Court Judge Maribeth Raffinan denied motions to release a 2020 homicide defendant and dismiss the case.

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.

Walters’ defense attorney, Candace Mitchell, argued Walters constitutional right to a speedy trial had been violated. Mitchell stated Walters’ trial had continuously been pushed back, with the original date of Oct. 30 changed to March 4, 2024–some four years after the murder. In effect, that the case should be dismissed.

Mitchell also stated Walters was the victim of multiple assaults in jail and had a large community who could provide support to him.

Prosecutors countered saying Walters had not demonstrated he could safely enter the community and that his transfer from the Department of Youth Rehabilitation Services (DYRS) to the DC jail was due to an assault he allegedly committed.

Prosecutors stated, “Nothing has changed in his dangerousness since the preliminary hearing,” on Feb. 19, 2021.

Judge Raffinan ruled Walters’ right to a speedy trial had not been violated, and deemed him unfit to safely enter the community, thus denying the defense motions.

Parties are expected to reconvene Nov. 30

Off-Duty Detective Testifies as Victim’s Friend in 2014 Homicide Case

On Nov. 9, more witness testimony, including a friend of the victim, was presented in a 2014 homicide case before DC Superior Court Judge Michael O’Keefe.

Marvin Lopez, 43, is charged with premeditated first-degree murder and possession of a firearm during a crime of violence, for his alleged involvement in the fatal shooting of 27-year-old Evelyn Arroyo on Dec. 24, 2014, at a restaurant on the 3900 block of 14th street, NW.

To conclude their case, the prosecution called a Metropolitan Police Department (MPD) detective who was friends with Arroyo.

The witness was a part-time security guard at the restaurant where Arroyo was killed. The witness said he had been close friends with Arroyo for years and became emotional during testimony. He said Arroyo was a sweet woman who cared deeply for her daughter.

According to the detective, he didn’t know Arroyo’s ex-boyfriend personally, but had seen him various times when he would drop off and pick up Arroyo at the restaurant. In the courtroom, he identified Lopez as the boyfriend.

The witness said he saw a Facebook post allegedly made by Lopez showing guns and bullets and the profile picture was a black rose. The witness said he saw the post around a week before Arroyo was murdered and was worried for Arroyo’s safety and told her that he could arrest Lopez, but she didn’t follow up.

The prosecution also called an (MPD) detective to testify about a search of Lopez’s apartment, the day after he allegedly shot Arroyo.

According to the witness, he saw photos of Arroyo ripped into pieces scattered on a bed. Additionally, the witness explained he found a magazine called “The Complete Book of Guns’” and two expired passports that had belonged to Lopez.

During cross-examination, Lopez’s defense attorney, Rachel McCoy, referenced a database that monitors people on release in the criminal system. According to McCoy, there were three adults and two juveniles in the database near the scene of the shooting the day it occurred.

McCoy also asked the witness if the car that was found in relation to this case was examined for DNA. The witness yes, but they could not make any conclusions based on the information they received.

The witness also explained the DNA would have to be compared with DNA from Lopez’s body. Due to Lopez’s disappearance after the shooting, the witness said they were unable to make any comparisons.

During redirect, the prosecution asked the witness to explain the meaning of the individuals from the database being “low hits”. The witness explained that “low hits” meant these individuals were too far away from the location of the crime to be considered suspects.

The prosecution also called a witness who had been in the restaurant at the time of the shooting.

According to the witness, he was a regular patron and knew Arroyo as a waitress. The witness then explained that, while Arroyo was walking towards the restaurant, he saw someone approach her, struggle with her, and then push her against a wall. The witness said he saw Arroyo trying to get away.

According to the witness, he had previously seen the individual at the restaurant, with Arroyo, but was unable to identify him conclusively.

Closing arguments will be presented on Nov. 13.

Judge Grants Continuance Due to Defendant’s Health

On Nov. 9, DC Superior Court Judge Heidi Pasichow granted a defendant’s motion to continue a non-fatal shooting case because of health concerns.

Dakia Thomas, 43, is charged with four counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, unlawful possession of ammunition, and possession of an unregistered firearm, for her alleged involvement in shooting at a vehicle on the 3500 block of Albert Irvin Cassell Place, NE, on Dec. 16, 2021. There were no injuries reported.

According to court documents, on the day of the incident, the victims told the Metropolitan Police (MPD) that Thomas left her residence in Albert Cassell Place and allegedly shot at them while they were inside their vehicle.

Following the shooting, officers went to Thomas’s residence but she told them that she couldn’t breathe.

Eventually, Thomas did open the door and one of the victims sitting in an MPD Police car, identified Thomas as the shooter yelling, “That’s the lady right there!” and “That’s her a*s!”

At the hearing on Nov. 9, Thomas appeared virtually due to her health. Thomas’s defense attorney, Brandon Burrell, filed a motion to continue the trial because of concerns surrounding her well-being.

According to Burrell, Thomas has been dealing with breast cancer. According to a motion for continuance filed on Oct. 30, Thomas’ breast cancer symptoms and signs seemed to have improved earlier this year.

However, a week after the motion was filed, Thomas allegedly informed Burell that her doctor saw something that could be lung cancer in addition to breast cancer.

Due to the new discovery, Thomas’ doctor requested she be excused from all court appearances. According to the motion filed by Burrell, it would be “exceptionally” difficult to proceed with the trial while she is in chemotherapy or any other cancer treatment.

Judge Pasichow granted the request for continuance, without any objection from prosecutors. She requested Thomas provide medical documentation to the court as soon as possible, to determine when she will is expected to return.

A new trial date was set for Feb. 15.

Document: Man Arrested in a Northeast Shooting

The Metropolitan Police Department (MPD) have arrested a man after a shooting that left one injured on Nov. 11 on the 1400 block of New York Avenue, NE.

According to MPD documents, the suspect and the victim were arguing at the location. During the argument, the suspect shot the victim and fled the scene. He was apprehended by responding officers and a handgun was recovered. The victim was transported to a local hospital for treatment.

MPD arrested and charged 34-year-old Vann Allen with assault with a dangerous weapon, carrying a pistol without a license, possession of an unregistered firearm, and possession of unregistered ammunition.

Document: Arrest Made in a Northeast Fatal Shooting

The Metropolitan Police Department’s (MPD) Homicide Branch announced an arrest has been made in connection to a shooting that killed a man on Nov. 12 on the 700 block of 16th Street, NE.

According to MPD documents, officers were responding to a report of the sounds of gunshots, when they were flagged down and directed to the rear of the location. They located an adult male shooting victim inside of a vehicle. The victim succumbed to his injuries at the scene.

The victim was identified as 41-year-old Kelvin Hamlett.

During the on-scene investigation, a suspect was developed, and a lookout was broadcasted. MPD located and apprehended the suspect, who was found to be in possession of a handgun.

The suspect, identified as 46-year-old John Dickens II, was arrested and charged with second-degree murder while armed.

Document: Southeast Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Nov. 11 on the 3500 block of Stanton Road, SE.

According to MPD documents, officers responded to the location for the report of a shooting. Upon arrival, officers located an adult male with gunshot wound injuries. The victim succumbed to his injuries at the scene.

He was identified as 38-year-old James Deale.

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

Document: Teen Arrested for a Homicide

The Metropolitan Police Department’s (MPD) Homicide Branch announced a 17-year-old male was arrested for a homicide that occurred on Nov. 3 on the corner of 14th Street and Fairmont Street, NW.

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

He was identified as 14-year-old Niko Estep.

A second juvenile victim was located on the 1400 block of Fairmont Street, NW, conscious and breathing. He was transported to an area hospital with non-life-threatening injuries.

On Nov. 9, MPD arrested and charged 17-year-old Lorenzo Thompson with second-degree murder. Thompson is being charged as an adult under Title 16.

Document: Teen Arrested for Southwest Shooting

The Metropolitan Police Department (MPD) announced an arrest in connection to a shooting that occurred on Oct. 2, on the 2100 block of Second Street, SW.

According to MPD documents, officers were responding to a call for service when they heard gunshots in the area. Upon arrival, they located two men and a juvenile with gunshot wound injuries. They were transported to local hospitals for treatment. The investigation determined that two parties exchanged gunfire.

On Nov. 8, a 17-year-old male was arrested and charged with assault with a deadly weapon (gun) for his alleged involvement in the shooting. He was also charged with armed carjacking in connection to a May 30 incident.

This is the second arrest made in connection to the shooting.

Defendant Accepts Plea Agreement in a 2015 Shooting Case

On Nov. 9, a defendant accepted a plea offer before DC Superior Court Judge Anthony Epstein.

Timothy Dugger, 37, was originally charged with assault with intent to kill, possession of a firearm during a crime of violence, and aggravated assault knowingly while armed for his alleged involvement in a shooting that occurred on Sept. 11, 2015. The incident left one individual suffering from life-threatening injuries.

Dugger accepted an offer that required him to plead guilty to aggravated assault knowingly while armed, in exchange for the dismissal of all other charges and a sentence of 108 months in prison.

According to the prosecution, had the case gone to trial, there would be evidence to prove beyond a reasonable doubt that Dugger shot the victim.

The prosecution submitted a proffer of the crime as they believe it occurred which stated Dugger picked up the victim, his fiance, and a child from a Metro station. He dropped off the victim at a residence and when the victim attempted to re-approach the vehicle, the defendant pulled out a gun and shot at the victim three times.

Judge Epstein confirmed that he was satisfied with the defendant’s understanding of his terms and he accepted the guilty plea as it was “knowingly and voluntary”.

Dugger’s defense attorney, Dana Page, asked the court to accept the 108 month sentence that was outlined in the plea agreement. Page stated that Dugger received his GED and some college while incarcerated. She stated Dugger has made significant changes to his life while being incarcerated for eight years and two months in this case and has received multiple certificates in HVAC training and creative writing.

Page also stated that Dugger has multiple letters from individuals advocating on his behalf, one specifically from a man whose life was saved by Dugger. According to the letter, in an incident while incarcerated, Dugger provided life-saving care that stopped major bleeding from this individual, which ultimately saved his life.

A second letter shared with the court was from an individual who stated they are willing to employ Dugger upon his release as a porter, where he would work as a groundskeeper and trash collector at a specific location. Based on these circumstances, Page asked the court to accept the 108 month sentence that would be served concurrently to a previous sentence in a separate case and would get credit for time served.

Dugger addressed the court himself and stated that he has “big remorse” for what he did, and “I feel like I have been rehabilitated and I am trying to get back home and do the right thing.”

Judge Epstein accepted the sentence outlined in the plea agreement and imposed the nine year sentence. Epstein ordered for the sentence to run concurrent with his other sentence. He is also required to register as a gun offender, and must pay $100 to the victim’s fund within five years.

Dugger currently has 10 months left to serve and he will remain on supervised release for a total of five years once released.

Non-Fatal Shooting Convict Motions for New Trial

On Nov. 9, Joshua Hemphill motioned for a new trial after a witness allegedly testified while intoxicated.

On June 7, Hemphill was found guilty of 22 counts, including assault with intent to kill, assault with a dangerous weapon, and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting where, according to court documents, he broke into his ex-girlfriend’s apartment and shot her in the head. The incident occurred on Sept. 21, 2018, on the 2400 block of Wagner Place SE.

According to Jason Clark, Hemphill’s defense attorney, the victim was uncooperative during her testimony and claimed not to remember much of the event due to her injuries.

A motion, which was filed by Clark on June 14, describes her as “generally unruly,” listing behavior such as calling the prosecutor a “fool”. When asked if she wanted to be there, the victim responded “f**k no.” She also left the stand at one point during her testimony.

Clark claims that the victim was intoxicated at the time of testimony.

Court documents state that she was acting in a way consistent with intoxication, and that she had told prosecution she would be drunk when taking the stand.

Judge Lynn Leibovitz is set to rule on the motion on Feb. 2.

If the motion is denied, she will sentence Hemphill that day.

Judge Orders Drug Testing for Homicide Defendant

On Nov 9, DC Superior Court Judge Okun ordered homicide defendant Dwayne Fountain to perform weekly drug testing.

Fountain, 43, is charged with second-degree murder while armed for his alleged involvement in a homicide of 47-year-old Marcus Carey that occurred on May 4 on the 3500 block of Hayes Street, NE.

A Pretrial Services Agency (PSA) representative informed Judge Okun that Fountain had left his home without permission on multiple occasions, which is a violation of his home confinement release condition. However, these were mostly for short periods. Judge Okun referred to this offense as minor.

Defense attorney Jason Tulley asked for Fountain to stay on release because he has been on house arrest for four months and only recently has had minor violations.

According to Tulley, some of the infractions stemmed from Fountain’s taking out garbage.

The prosecutor requested that Fountain be detained for his violation of home confinement. According to the prosecutor, Fountain’s alleged involvement in the homicide is a serious crime and he may pose a danger to the community.

According to the prosecution, Fountain has only been tested for drugs once, when he was first put on release back in July, and requested he be required to take a spot test to identify drug use once a week.

Judge Okun denied the request to revoke Fountain’s release conditions, arguing that many violations were minor. However, he did grant the prosecution’s request for weekly spot testing.

The parties will reconvene on Nov. 28 to check if Fountain follows the terms of his home arrest.

Judge Sends Homicide Defendant to Treatment Program

On Nov 9, DC Superior Court Judge Robert Okun ordered homicide defendant Nichelle Thomas to complete a bed-to-bed treatment plan.

Thomas, 35, is charged with first-degree murder while armed, two counts of accessory after the fact, and three counts of obstructing justice, for her alleged involvement in the fatal stabbing of 42-year-old Anthony Jordan, which occurred on Aug. 4, on the 2500 block of Pomeroy Road, SE.

Thomas, who was on release as she awaited further proceedings, failed to appear in a Nov. 1 hearing. Due to her absence, Judge Okun issued a bench warrant.

A bench warrant return hearing was held on Nov 7, during which Judge Okun asked the Pretrial Services Agency (PSA) to screen Thomas to see if she would be eligible to do a rehabilitation program.

PSA conducted a screening of Thomas, and deemed her eligible for a 90 day bed-to-bed treatment plan.

Judge Okun ordered Thomas to complete the 90 day program, for which she will be placed as soon as there is an opening.

There is a felony status conference scheduled for Dec 12 to check in on Thomas’ progress.

Homicide Defendant’s Motion for Due Process Release Continued

On Nov. 9, the defense presented a motion to release the defendant in a 2020 homicide case. The request was continued by DC Superior Court Judge Maribeth Raffinan for time to review the request.

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

Walters’ defense attorneys, Candace Mitchell and Sylvia Smith, filed a motion to release Walters on personal recognizance as they allege that his due process rights to a speedy trial have been violated.

They presented the so-called Barker Factor in their motion, which argues that “four factors [length of the delay, reason for the delay, prejudice to the defendant, and defendant’s assertion of the right to a speedy trial] must be balanced in determining whether the right to speedy trial has been violated,” which caused discussion among the parties since the defense did not specifically mention a dismissal in their motion.

The prosecution argued that Walters continues to pose a danger to the community, but they need to review the Barker Factors in this case.

Judge Raffinan agreed with the prosecution that the defense did not indicate “that they ask for dismissal under Barker” and the word “dismissal [was not] included but the Barker Factors were” in the motion regarding release.

The defense explained that the motion contains an “emphasis on release based on due process.”

Ultimately, Judge Raffinan concluded that the hearing will be continued until Nov. 13 to give the prosecution more time to fully brief the Barker Factors, in addition to allow both parties time to assert their arguments.

Homicide Defendant Rejects Plea Offer

On Nov. 9, a homicide defendant rejected a plea offer extended by the prosecution.

Johnwann Elliott, 30, is charged with first degree murder while armed, two counts of possession of firearm during crime of violence, assault with intent to kill while armed, unlawful possession of a firearm, and carrying a pistol without a license outside home or business, along with charges, for his alleged involvement in the fatal shooting of 37-year-old Nikia Young on the 2200 block of Minnesota Avenue, SE, on March 15, 2022.

According to court documents, witnesses stated that Elliott allegedly sought Young out regarding a stolen firearm prior to the crime.

According to court documents, surveillance footage recovered by the Metropolitan Police Department (MPD) displays an individual, identified as Elliott, boarding and exiting a Metrobus to allegedly shoot Young. He is later shown fleeing the scene.

Elliott rejected an agreement that would require him to plead guilty to second-degree murder while armed and carrying a pistol without a license, in exchange for a dismissal of all other charges, and an 18-month sentence on his carrying charge.

DC Superior Court Judge Maribeth Raffinan confirmed that she was satisfied with the defendant’s rejection of the plea offer.

Elliott is expected to appear before Judge Rafinnan on Nov. 13 for a jury trial.

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