Judge Finds Probable Cause in Shooting Case

On Oct. 19 DC Superior Court Judge Maribeth Rafinnan found probable cause in a shooting defendant’s case.

Nathaniel Arce-Washington, 28, is charged with two counts of assault with intent to kill while armed and two counts of possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on Oct. 9, on the 1200 block of Queen Street, NE. The incident left two individuals suffering from life-threatening injuries.

The prosecution called a Metropolitan Police Department (MPD) detective who identified Arce-Washington in the court as the suspect. He testified that the shooting occurred in the Trinidad Neighborhood at the intersection of Queen Street and Montello Avenue at approximately 11 p.m.

The prosecution presented footage from two surveillance videos which showed two individuals running, holding black duffel bags, and attempting to enter a moving white van. They appeared to be running from a third individual who fired shots towards them.

The detective identified Washington as the shooter in the video. Surveillance footage shows that one individual was shot and left lying in the street, while the white van drove off. The shooter then appears to approach the individual on the street, and then flees on foot.

In the second surveillance video presented by the prosecution, the alleged shooter was seen lying on the floor while an officer detained the individual. The MPD detective then identified Arce-Washington as the detained individual in the video.

At the scene officers recovered a Glock 26 nine millimeter handgun from the sewer

The MPD officer testified that immediately following the arrest, Arce-Washington stated that he was “robbed and pistol whipped” by the men who he was seen allegedly shooting at in the surveillance video.

After his arrest, Arce-Washington was determined to have a laceration above his right eye that was severely bleeding. The MPD detective testified that there was a blood trail beginning at Queen Street and ending at the 1600 block of Trinidad Ave, NE, the location of the arrest.

The MPD found a firearm on the individual who was shot and was lying in the intersection of Queen Street and Montello Avenue. They also found a magazine casing at the start of the blood trail and the detective testified that the magazine casing matches the firearm found on the victim.

Arce-Washington’s defense counsel, Steven Oglivie, argued that since the magazine casing matches the victim’s firearm, there is a presumption that the magazine casing belonged to the victim. Oglivie stated that Arce-Washington explained to him that he took over the the firearm during the alleged robbery and acted in self-defense.

The MPD detective testified that there were no witnesses found and no additional video footage has been received.

The prosecution requested that Judge Rafinnan find substantial probability that Arce-Washington shot the two victims, stating that one victim suffered from a gunshot wound that left them paralyzed from the neck down and the second victim suffered from a gunshot wound to the abdomen.

The prosecution argued that legal self-defense is not a plausible argument because he was firing at fleeing individuals.

The defense responded by stating that the victims were not “innocent” individuals; they were individuals attempting to rob Arce-Washington.

Oglivie stated that, from the surveillance video presented, it can clearly be seen that the victims are running down the street carrying bags taken from Arce-Washington’s car. He stated that the laceration sustained by Arce-Washington caused blood to obstruct his vision and once he gained control of the firearm, he fired in the direction of the victims because he was “fighting for his life.”

The prosecution asserted that “following someone down the street and shooting a fleeing individual is not case law for self-defense.”

Judge Rafinnan stated that, based on the video, Arce-Washington didn’t show self-defense since the victims are running away from the shooter, but stated that it is an appropriate argument for trial. She didn’t find that the prosecution showed substantial probability, but that they have proven probable cause.

The prosecution requested that Arce-Washington be held because he responded to a situation by firing a firearm, fleeing from police, and disposing of evidence. For these reasons, they posed the defendant as a danger to society.

Oglivie argued that Arce-Washington only used a firearm to fight back and was unarmed at the time of the incident. He stated that the defendant is a father, currently employed, and has no prior criminal history. The defense presented Arce-Washington as an “excellent candidate for pretrial release.”

Judge Rafinnan stated that the injury Arce-Washinton sustained, in part, corroborates his story. She stated that “the evidence weighs in favor of detainment, but personal characteristics show a lack of criminal history, among other factors.” Judge Rafinnan found that the defense rebutted the presumption that there are no conditions or combination of conditions that will ensure the safety of the community.

Judge Rafinnan ordered that Arce-Washington be released on home confinement and remain on GPS monitoring.

Arce-Washington must report to pretrial services as directed and is scheduled for a 30-day court check-in.

Judge Rafinnan also ordered stay away orders from both victims and the location of the 1200 block of Queen Street, NE.

A status hearing is scheduled for Nov. 20.

Lead Detective Testifies in 2020 Non-Fatal Shooting Case

On Oct 19, prosecutors called the lead detective to testify in a 2020 non-fatal shooting trial in front of DC Superior Court Judge Michael O’Keefe.

Vincent James, 39, is charged with 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 alleged involvement in a non-fatal shooting that took place at a liquor store on the 3900 block of South Capitol Street, SE, on July 30, 2020. One individual sustained non-life-threatening injuries.

The prosecution called a Metropolitan Police Department (MPD) detective to testify.

The detective was the lead investigator and gathered security camera footage from the AutoZone and adjacent liquor store, where the incident took place. The footage portrays what occurred leading up to the shooting.

Prosecutors showed surveillance footage, who the detective identified as James, purchasing items at the Autozone hours before the shooting.

In the footage from the liquor store, a shirtless man is seen pacing around moments before the shooting. The detective identified the man as the victim.

Prosecutors also showed footage from another angle that shows the victim interacting with two men in the parking lot of the liquor store. A car pulls up and two other men approach the men interacting with the victim.

The prosecution highlighted the video segment where one of the men, who was originally talking to the group, pulled out a gun and started firing at the victim. The group then disperses and the victim runs down the street.

The detective said that he identified James as the suspect by inquiring about a transaction at the AutoZone. According to the detective, James’ reward number was linked to a purchase at the AutoZone at the same time as the suspect was seen in the video.

The detective used the videos to identify similar features between individuals portrayed in the footage, specifically, the fact that the clothing the individual wore in the AutoZone was the same clothing the gunman wore during the shooting.

According to the detective, he interviewed James voluntarily before any arrest was made. Around a month later, James denied being the man in the video. The detective also identified a tattoo on James’ right forearm that can be seen in the video at the AutoZone and noticed it during the interview.

When asked by the prosecution, the detective noted that the gunman fired with his left hand. He also mentioned that James used his left hand when filling out paperwork at the police station.

The detective’s testimony supports the prosecutors’ argument that James is the individual portrayed in both videos and responsible for the shooting.

Then prosecutors called a doctor who treated the victim at MedStar Washington Hospital Trauma Center following the shooting.

According to the doctor, the victim was treated for gunshot wounds in the front and back of his left shoulder, and stated that x-rays showed signs of a collapsed lung, which if left untreated could’ve caused the victim’s death.

Trial is expected to continue Oct 23.

Shooting Defendant Pleads Not Guilty During Arraignment

On Oct. 20, a non-fatal shooting defendant pleaded not guilty to all charges in front of DC Superior Court Judge Robert Okun.

Tejan Bah, 33, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury, and two counts of assault with a dangerous weapon, among other charges, for his alleged involvement in a non-fatal shooting that occurred on Nov. 27, 2021 on the 2200 block of 25th Place, NE. The incident left an individual suffering from a gunshot wound to his chest and a stab wound to his shoulder.

Gemma Stevens, Bah’s defense attorney, alerted the court Bah was pleading not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial.

Parties are expected to return to court Nov. 28.

Judge Orders Seal of ‘Pro Se’ Motions Submitted By Defendant

On Oct. 18, DC Superior Court Judge Rainey Brandt ordered that recent motions filed by a shooting defendant on his own behalf, or pro se, must be placed under seal.

Kenneth Davis, 45, is charged with two counts of assault with intent to kill while armed, two counts of assault with intent to kill against a minor while armed, and six counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in a shooting on May 19, 2021, on the 1600 block of Eastern Avenue, NE. The incident left one individual suffering from non-life threatening injuries.

Among the motions submitted by the defendant was a request to suppress the identification of the defendant as the suspect. Attached to the motions were medical records of the victims and a report submitted by a special agent.

Judge Brandt stated that medical records and special agent reports are completely inappropriate to be presented as public records. She stated that the motions violate laws protecting the victims’ privacy laws and must be sealed immediately.

Judge Brandt also warned defense counsel, Marnitta King, that all future filings must only be sent in by counsel.

Another motions hearing is scheduled for Nov. 3.

Parties Give Opening Statements in a Non-Fatal Shooting Trial

On Oct 18, parties gave opening statements in a 2020 non-fatal shooting trial before DC Superior Court Judge Michael O’Keefe.

Vincent James, 39, is charged with 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 alleged involvement in a non-fatal shooting that took place at a liquor store on the 3900 block of South Capitol St, SE, on July 30, 2020. One individual sustained non-life-threatening injuries.

According to court documents, there were ten shots fired during the incident. The victim was found conscious with there gunshot wounds to the upper body.

During opening statements, a prosecutor told the jury while, “There will be some things that you will wonder about at the end of this trial…one thing you are not going to wonder is who shot the victim, it was [James]”

According to prosecutors, surveillance footage proves that James committed the shooting.

They say hours before the shooting, James used a credit card with his name on it at an AutoZone car parts store around the corner from the incident. They also cite surveillance footage from Autozone and security camera footage from outside the liquor store showing a man prosecutors identified as James wearing similar clothes in both videos.

The prosecution called the former owner of the liquor store who stated he recognized James as a customer who would come in every so often, but he was not there on the day of the shooting.

In her opening statements, James’ defense attorney, Susan Ellis, said, “[the prosecutor] has failed to put the pieces together,” adding, “[James] sits here as an innocent man”.

According to the defense, there is no DNA evidence or eyewitness testimony tying the suspect to the crime.

Ellis argued the evidence is not enough to prove that James shot the victim.

Parties will reconvene Oct 19.

Document: Male Arrested and Charged with Twenty Violent Crimes

The Metropolitan Police Department announced a man was arrested for multiple violent offenses throughout the city.

On Oct. 19, MPD officers executed a search warrant on the 2000 block of 1st Street, NW. As a result of the warrant, a man was arrested and a firearm recovered from the home. 18-year-old Malique Tyrone Outland was arrested and charged with armed carjacking (gun), for an incident that occurred on Sept. 3 on the 1500 block of Spring Place, NW. He’s also charged with possession of an unregistered firearm, possession of unregistered ammunition, and possession of a large capacity ammunition feeding device, for his alleged involvement in multiple incidents.

He faces an assault with a dangerous weapon charge for his alleged involvement in a non-fatal shooting incident that occurred on Aug. 16, on the 200 block of 37th Place, SE. It is unclear if anyone sustained injuries from the shooting.

Document: Victim Identified Man Dead After Shooting in Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Oct. 18 on the 700 block of 15th 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 succumbed to his injuries at the scene.

The victim was identified as 37-year-old Daniel Hansford.

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

Co-Defendants Arraigned in Homicide Case

On Oct. 19, two homicide defendants were arraigned before DC Superior Court Judge Maribeth Raffinan.

Rafael Stevens, 38, and Jermall Johnson, 40, are charged with premeditated first-degree murder, first-degree felony murder, five counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, attempted robbery, and two counts of assault with a deadly weapon, for their alleged involvement in the shooting death of 50-year-old Aniekobo Umoh on Dec. 29, 2022, on the 2700 block of 7th Street, NE.

Stevens and Johnson pleaded not guilty to all charges and asserted their constitutional rights, including the right to a speedy trial.

Attorney Stephen Logerfo is representing Johnson with attorney Jason Tulley representing Rafael Stevens. The defense announced their intent to file a motion for severance, which would allow the defendants to hold separate trials.

The defense also motioned to modify a protective order to allow witness videos to be shown to the defendants, however, the motion was denied.

Parties will reconvene on Dec. 13.

The trial is set to begin Nov. 4, 2024.

Technical Issue Prevents Defendant from DNA Testing

On Oct. 19, a homicide defendant stated he wants to assert his rights to independently test DNA evidence but is unable to due to a shortage of essential materials used to test the evidence.

Eric Maurice Smith, 24, is charged with first-degree murder while armed in a drive-by or random shooting, two counts of assault with intent to kill, and five counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in the shooting death of Rondell Wills, 38, on the 200 block of 50th Street, NE on May 3, 2018.

According to court documents, witnesses stated Smith was the driver of the vehicle the shots were fired from.

At the recent status hearing, the prosecution reported that two swabs taken from the shooters’ car were consistent with Smith’s DNA. Smith waived his right to test the rest of the evidence but declared his intent to retest the samples that prosecution had said allegedly matched him.

However, Smith’s defense attorney, Anthony Matthews, said that Smith had been unable to test the samples because of a shortage of reagents in the testing agencies. Reagents are used in chemical analysis and are an essential component of DNA testing –thus no agency has been willing to test the samples.

If the defendant is still unable to test by Nov. 9, he will decline his right to testing and the case will continue without it.

Parties are set to reconvene for a status hearing Feb. 13.

Homicide Defendant Refuses to Get off the Bus

On Oct. 19, a felony arraignment for a homicide defendant was rescheduled after he refused to get off the bus at DC Superior Court.

Jerome Israel, 19, is charged with premeditated first-degree murder, two counts of carrying a pistol without a license, two counts of unauthorized use of a vehicle, unlawful discharge of a firearm, and two counts of destruction of property, for his alleged involvement in the death of ChaQuan Barbett, 24, on Aug. 23, 2022. The incident occurred on the 2300 block of Minnesota Avenue, SE.

Israel’s defense attorney, Janai Reed, had no explanation why Israel would refuse to attend his hearing.

Israel was ultimately transported back to the jail.
He is scheduled to return Oct. 26 and arraigned before DC Superior Court Judge Maribeth Raffinan.

Document: Woman Killed in Northwest DC

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating the death of a woman on Oct. 14 on the 900 block of U Street, NW.

According to MPD documents, officers were flagged down in front of the location for a person on the roadway. Officers were advised the victim was assaulted and then struck by a vehicle. She was transported to a hospital where she succumbed to her injuries.

The driver of the vehicle remained on the scene and was not involved in the initial assault.

During the investigation, it was determined that the victim ended up in the roadway due to the assault.

The Office of the Chief Medical Examiner conducted an autopsy and ruled the cause of death to be multiple blunt force injuries and the manner of death a homicide.

The victim was identified as 30-year-old Anee Roberson.

MPD is working to identify the suspects who assaulted Roberson resulting in her death.

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

Document: Man Dies After Shooting in Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Oct. 18 on the 700 block of 15th Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a man with a gunshot wound. He succumbed to his injuries at the scene.

The victim’s identity is being withheld pending next of kin notification.

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

Judge Orders Prosecution to Turn Over ‘Un-redacted’ Evidence to Defense in Homicide Case

On Oct. 18, DC Superior Court Judge Rainey Brandt stood by her previous order that the prosecution needs to turn over unredacted–that is complete–video evidence to the defense, in a homicide defendant’s case.

Roshella Williams, 49, is charged with second-degree murder, for her alleged involvement in the murder of 64-year-old Derek Hamilton on May 29, on the 3900 block of 4th Street, SE. Hamilton succumbed to his injuries on June 1.

Williams’ defense attorneys, Kevin Mosley and Terrence Austin, requested that unredacted video evidence to be turned over to the defense because they are unable to see the faces of some of the individuals in the videos who are responding to police questions.

Mosley asserted that this matter had already been settled in a previous hearing and that the judge already ordered the change, but the prosecution has yet to comply.

Mosley stated that the redacted information falls under so-called Brady stipulations and therefore must be turned over by the prosecution. Brady stipulations require that any exculpatory or impeaching evidence that favors the defendant, must be turned over to defense counsel.

The prosecution stated that they would like defense counsel to point out specific places in the video evidence needs to be un-redacted in order for them to be able to remove the black boxes covering individuals’ faces. The prosecution also stated that they are unclear as to why they are being required to turn over unredacted information prior to indictment.

Judge Brandt stated that the defense needs to be able to see what people said to police when questioned. She stated that the prosecution should “err on the side of caution for information that is Brady or not Brady, and just turn it over”. Then she stood by her original decision and ordered that the prosecution must turn over un-redacted video footage to the defense.

Mosley also alerted the court that the defense plans to file a motion to request release conditions for Williams, due to her deteriorating health. Mosley stated that Williams has been re-diagnosed with cancer and she needs to be able to receive proper treatment and medical care.

A motions hearing is scheduled for Nov. 9.

Judge Says Murder Defendant Won’t Cooperate with Mental Evaluators

On Oct. 18, DC Superior Court Judge Anthony Epstein rescheduled a mental observation hearing for a homicide defendant unwilling to take part in the evaluation.

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 Metropolitan Police Department (MPD) documents, the three defendants attempted to steal drugs and money from those in the apartment. The plan went awry, leading to a shooting that injured five and killed Miller. All three defendants were shot.

At what was supposed to be a mental observation hearing, Judge Epstein described the defendant as “not willing to speak with [the evaluator].” He stressed to Mathis it is important for him to cooperate in order to get the best defense possible since his attorney needs to “be able to work with [him].”

The defense attorney, Carrie Weletz, suggested that Mathis was never transported and not told about the interview. She contends that he now understands the interview process and will meet with the evaluator once the appointment is rescheduled.

According to Judge Epstein, the case is stalled until the issue gets resolved. He rescheduled the appointment and the mental observation hearing, urging Mathis to “help move the case along” by complying with court orders.

The next hearing in the case is scheduled for Oct. 30.

Juvenile Defendant Pleads Guilty to Two Shooting Incidents

On Oct. 18, a juvenile defendant charged in connection to two shootings accepted a plea deal in front of DC Superior Court Judge Robert Salerno.

The juvenile, a 17-year-old male, was arrested on Sept. 15 for his involvement in two separate shooting incidents.

According to prosecutors, the defendant fired a gun into the air on Feb. 22, on the 2200 block of Savannah Terrace, SE. There were no reported injuries. Officers from the Metropolitan Police Department (MPD) were able to identify the juvenile as the shooter from surveillance footage.

On June 9, the defendant fired a gun at a vehicle that was exiting a parking lot on the 2200 block of Alabama Avenue, SE. The driver, a woman, suffered from a life-threatening gunshot wound to her back. MPD officers identified the defendant as the shooter from a still-shot that was recovered from surveillance footage that depicted the incident.

He was arrested on Sept. 15 and charged with several counts, including assault with intent to kill.

He accepted a deal that required him to plead guilty to felony assault, two misdemeanor counts of possession of an unregistered firearm, two misdemeanor counts of possession of unregistered ammunition, and two misdemeanor counts of unlawful discharge of a firearm, for his involvement in both incidents. He is required to pay $1,200 in restitution for the June 9 incident.

Prosecutors agreed they would only seek commitment for the charges until he is 19 years old.

Following his guilty plea, the defense attorney requested the defendant be released to a shelter house, stating that his family has enrolled him in a virtual school program, and that his family is “deeply committed in supporting him in the next stage”.

She argued that his release would give him an opportunity to show he can do well in the community and is committed to self-improvement. She requested 24 hour confinement at the shelter and GPS monitoring.

Prosecutors opposed the defense’s request, stating that the matters involved a firearm being shot twice, and he was nowhere to be found for three months between his alleged attempt to turn himself in and his actual arrest date.

The defense attorney argued the juvenile initially tried to surrender but was turned away by police.

The defendant alleged that, before his arrest, he injured his foot by jumping out of a window because MPD officers had arrived to serve a search warrant at a location where he was at the time, and he got scared because he’s “seen what they do to Black kids”.

Judge Salerno denied the defense’s request for release, stating that he admitted his guilt and remains a danger to the community and a flight risk.

The defense attorney asked what Judge Salerno would need to see at the disposition hearing to help the release argument, which Judge Salerno rebuffed saying he’s unable to tell the defendant exactly what to do to be released.

Parties are expected back for a disposition hearing Nov. 17.

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