Judge Won’t Let Unescorted Homicide Defendant Attend Mother’s Funeral

DC Superior Court Judge Danya Dayson denied a homicide defendant’s release to attend his mother’s funeral in an Oct. 9 hearing because he wouldn’t have an escort.

Stephen Herring, 25, is charged with first-degree premeditated murder while armed and carrying a dangerous weapon outside of a home or business for his alleged involvement in the fatal stabbing of 30-year-old Marcus Thurman on the 100 block of M Street, NE, on Aug. 22, 2023.

During the hearing, the defense notified the court that Herring’s mother had passed away and requested that Herring be temporarily released so that he could attend the funeral.

Judge Dayson denied the motion, stating that she wasn’t prepared to release the defendant without an escort, given the nature of the charges and his history of not following court orders.

When defense attorney Joseph Yarbough asked why the Department of Corrections (DoC) wouldn’t provide a transport option, given that the funeral was for Herring’s mother, Judge Dayson told Yarbough that the DOC was experiencing staffing issues.

She noted that they had been experiencing shortages in the past few years, and that the “hiring freeze” in the last budget cycle was also impacting DoC staffing.

A DoC officer, appearing online, agreed that the DoC has “critically low staffing numbers” and is struggling to provide escorts to hospitals, let alone funerals. He told Yarbough that they would likely be able to set up remote access to the funeral.

Parties are set to reconvene on Oct. 24.

Judge Declares Defendant Mentally Competent, Remains Detained

A shooting defendant was found mentally competent to stand trial on Oct. 8 before DC Superior Judge Carmen McClean.

Roasu Johnson, 35, is charged with endangerment with a firearm in a public place, unlawful possession of a firearm with a prior conviction greater than a year, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in a shooting that took place on the 900 block of Kennedy Street, NW, on Aug. 6. No injuries were reported.

At the arraignment, the court addressed the results of a mental health observation for Johnson. The defense confirmed it had reviewed the behavioral health documents and raised no objections. The judge ruled that Johnson is competent to stand trial, consistent with findings in three other related cases involving similar evaluations.

in order to stand trial, the law requires that a suspect understand the charges he faces and be able to help his attorney.

Johnson pleaded not guilty to all charges.

The defense requested his release, proposing GPS monitoring and home confinement. The prosecution opposed, citing prior convictions for robbery and firearms offenses, a prior bench warrant, and mental health concerns raised in 2023. The judge sided with the prosecution, ordering continued detention on the grounds of ensuring Johnson’s appearance in court and protecting community safety.

Additionally, the defense inquired about a transfer to the jail’s Correctional Treatment Facility (CTF) from the Central Detention Facility (CDF). The judge responded that the jail would conduct an assessment, and any determination would be made later.

The defense requested a status hearing to discuss the plea offer that was extended by the prosecution and to review newly received evidence through discovery with Johnson. The specific terms of the plea offer were not stated in court.

Parties are slated to reconvene on Nov. 3 at 9:30 am.

Counsel Deliver Conflicting Stories During Final Arguments

During closing arguments on Oct. 14, counsel delivered conflicting statements on who was the initial aggressor in a midnight stabbing.

Maurice Felder, 53, is charged with assault with intent to kill while armed, aggravated assault-grave risk while armed, assault with a dangerous weapon, assault with significant bodily injury while armed and possession of a prohibited weapon. This stems from his alleged involvement in a stabbing incident on the 1900 block of 7th Street, NW on Nov. 10. One individual sustained a stab wound to their chest.

On Oct. 8, the prosecution dismissed the aggravated assault charge.

In their closing arguments, the prosecution sought to cast Felder as the “first aggressor,” a legal distinction that would void any claim of self-defense.

The prosecution referenced a recording from the incident in which Felder allegedly asked the victim, “Do you want to die?”. This is “a terrifying phrase to hear,” a prosecutor said.

The prosecution argued that Felder acted out of anger and unnecessarily escalated the conflict by brandishing a knife. The prosecutor said Felder held the weapon long before the stabbing occurred and ignored multiple opportunities to walk away.

Video evidence shown in court included a witness saying, “Unc on that shit. Unc’s about to get him,” moments before the stabbing.

Two of the charges require jurors to determine beyond a reasonable doubt that Felder intended to kill the victim and inflicted serious bodily harm. Prosecutors drew on the trauma surgeon’s testimony and video footage to argue that Felder’s strike demonstrated both intent and potential lethality.

“You saw how much force the defendant used when he swung his arm,” one prosecutor said, miming a stabbing motion.

Defense attorney Matthew Rist countered that prosecutors were trying to “have it both ways” by crediting the victim for holding Felder back while faulting Felder for not leaving the scene.

He emphasized that Felder suffers from PTSD, anxiety, and bipolar disorder, arguing that fear for one’s life is a subjective standard. Surrounded by the victim and eight of the victim’s friends, Rist said, Felder reasonably believed he was in danger.

Rist also pointed out inconsistencies in the victim’s testimony, including that the prosecution had impeached its own witness during trial.

The defense attorney noted that a trauma surgeon from Howard University Hospital testified that the victim’s blood alcohol level was 0.138, almost double the legal limit.

In his closing argument Rist also focused on the surgeon’s earlier description of the wound, calling it small and superficial.

The wound proves that Felder’s intent was not to kill but to defend himself, the prosecutor said.

“Mr. Felder is surrounded,” Rist told the jury. “He didn’t kill anyone, and he didn’t seriously injure anyone.”

Before closing arguments, the surgeon told the jury that the wound was one-centimeter. The injury did not enter the chest cavity, the doctor said, and the victim was medically stable, coherent, and communicative.

The treatment included wound cleaning, one stitch, immunizations, antibiotics, and IV fluids for dehydration, the surgeon said.

However, the surgeon testified that the wound was close to the victim’s heart and that, if it had penetrated just a few millimeters deeper, it could have caused life-threatening internal bleeding and compromised lung function.

During cross-examination, the doctor clarified that the victim did not report pain and that the chest cavity is protected by layers of skin, fat, and pectoral muscle. The victim was discharged the same night and advised to return to work after two weeks.

Jurors also heard from an officer from the Metropolitan Police Department (MPD), who testified that he was on duty during the midnight shift. He said he was patrolling an area known for its nightlife activity.

Shortly after 1 a. m., the officer said he responded to a dispatch call reporting a stabbing near 7th and T Streets, NW. The dispatcher described the suspect as a Black male wearing a Capitals cap and scarf.

Within minutes, the officers located an individual matching that description. The officer testified that he approached the man—later identified as Felder—tactfully, forming a perimeter to prevent escape. Body-worn camera footage showed Felder identifying himself and complying with police instructions.

Officers recovered a knife at the scene, which the officer confirmed in court was the same weapon seized from Felder, noting its identifiable black grips. Prosecutors also presented a Capitals beanie and scarf as evidence, items the suspect was seen wearing in a video of the stabbing.

During cross-examination, Rist questioned the accuracy of the suspect’s description, noting that the dispatcher had said “cap,” not “beanie.” The officer responded that the scarf was the key identifying factor.

Rist presented a still image of the crime scene showing nearby construction, which the officer acknowledged could have obstructed visibility.

Rist also questioned the MPD officer’s disciplinary history, which included violations related to misuse of body cameras and unauthorized pursuits. The MPD officer admitted to feeling some pressure to remain in good standing with the US Attorney’s Office (USAO), but clarified that this stemmed from his cadet training and was not connected to his standing as a police officer.

Jurors began deliberations on Oct. 14. Deliberations are expected to continue on Oct. 15.

Defendant Accused of Killing Senior Citizen, Mental Competency Challenged

A murder defendant was arraigned in connection to the fatal beating of a senior citizen before DC Superior Court Judge Rainey Brandt during an Oct. 3 hearing.

Jafekka Harris, 34, is charged with second-degree murder of a senior citizen for her alleged involvement in the fatal beating of 79-year-old Betty Duke on the 3100 block of Martin Luther King Jr. Avenue, SE on Oct. 5, 2024.

According to court documents, Harris allegedly struck Duke several times in the head. A medical examiner conducted an autopsy and concluded Duke died as a result of blunt force trauma.

Judge Brandt ordered a new competency examination from the Department of Behavioral Health (DBH) based on representations from defense attorneys Kevin Mosley and Emma Mlyniec. Previous DBH analysis deemed Harris mentally incompetent to stand trial, but the prosecution objected to the finding on Sept. 11 and was granted time to finalize its own behavioral expert to evaluate Harris.

The prosecutor indicated she had not filed a motion for an independent expert meeting without the defense present because she figured the defense counsel would object.

“Spoiler alert: this has to be doctor-patient,” Judge Brandt remarked.

“This is the first I’m hearing of this,” Mosley said, not understanding why the prosecutor thought he would oppose the motion.

The prosecution said she assumed the defense would object based on previous experience.

Judge Brandt assigned both parties deadlines for submitting their expert witness reports and confirmed she would request another report from the DBH.

The prosecutor said she recruited an expert to examine Harris but had not yet received the medical records and did not know when the expert would be available to meet with Harris. The prosecutor said she is willing to set a tentative date.

Judge Brandt agreed and scheduled a deadline for Dec. 1.

“This [deadline] may have to move depending on what we hear,” Judge Brant said.

She also set a mental observation hearing and a Dec. 3 deadline for the defense to submit their findings from the DBH examination. She noted she would prefer to receive the report even earlier.

“That way we’ll really be able to clean up and see what we have and don’t have,” Judge Brandt said.

The prosecution said the defense counsel will likely ask for sentence reductions if the DBH relies on any new medical reports.

Parties are slated to reconvene for Dec. 3.

Judge Denies Carjacking Defendant’s Release

DC Superior Court Judge Heide Herrmann denied a carjacking defendant’s request for release and postponed a preliminary hearingon Oct. 15.

Kavon Phillips, 27, is charged with unarmed carjacking for his alleged involvement in an incident on the 1900 block of 8th Street, NW on June 29.

According to court documents, the victim was parked with his moped when Phillips allegedly shoved him off of it and drove away.

Phillips’ defense attorney, Patrick Nowak, requested a nominal bond for Phillips, who is detained on a parole matter. Nowak said he wanted to ensure the defendant would not be transported to a different jurisdiction.

Judge Herrmann denied this request she has no knowledge of the case.

“I don’t do that … in my experience [that’s how cases] get lost,” said Judge Herrmann.

Judge Herrmann suggested that Nowak request the trial judge in the pending case set a nominal bond.

The prosecution missed the Oct. 15 hearing, and Nowak requested a continuance. Judge Herrmann granted the request and set a new preliminary date.

Parties are slated to reconvene for Oct. 29.

Defense Suggests Possible Witness Intimidation in Car Charger Shooting

Parties argued over whether or not a shooting victim could be questioned about potential harassment and past criminal history in a trial held before DC Superior Court Judge Danya Dayson on Oct. 9.

Ato Ocran, 46, is charged with assault with the intent to kill while armed, aggravated assault while armed, two counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, five counts of possession of an unregistered firearm, carrying a pistol without a licence outside of a home or business, and destruction of property worth $1000 or more for his alleged involvement in a non-fatal shooting on the 2600 block of 10th Street, NE on June 3. One individual was injured during the incident.

In a motions hearing before the trial, the defense requested to cross-examine the victim about an incident that occurred outside the courthouse. According to defense attorney Kevann Gardner, the victim followed the defendant’s sister out of the courtroom after one of the hearings and allegedly harassed her as she walked down the street.

When she called the defense counsel for help, Gardner claimed, the victim told the attorneys to “tell your boy to stop being weird.” Gardner claimed that this interaction was an attempt by the victim to intimidate the defendant through a third party and “prevent Mr. Ocran from testifying.”

The prosecution argued the line of questioning was “highly speculative” because it presupposed the victim knew Ocran’s sister’s identity. Gardner explained she had been present in the courtroom near the defense counsel on multiple occasions and had spoken with them in and out of the courtroom. He argued that the victim knowing Ocran’s sister was “common sense” and that the victim had no reason to follow her without knowing who she was.

Judge Dayson called the relevance of the questioning “attenuated,” but agreed to look into the matter after defense counsel provided case law to support the testimony’s admissibility, in spite of rulings against the practice.

Following the discussion, prosecutors recalled the victim to complete questioning, where he walked through the shooting for the court. He explained he had initially been in an altercation with the defendant after the defendant allegedly unplugged the victim’s electric vehicle from the charging station.

He testified to leaving the scene, claiming that he “ain’t feel safe,” and turning down 10th Street to see the defendant’s car pull out of a side street near him. He claimed that the driver of the car raised a gun out of the driver’s side window and fired at his car multiple times. The incident, according to the victim, was “real quick,” and lasted for about ninety seconds total. According to the victim, he was shot in his left arm and bruised by debris on his side.

After driving away from the scene, the victim explained he began driving home rather than calling the police. When asked why, he said that he was worried for his passenger—his girlfriend’s brother—but more importantly, that he knew the police’s “way of doing things,” and that he had been involved in a previous shooting incident where the “person who got shot was mistreated” by officers.

Arriving home the victim told the court that he drove past to a nearby recreational center. He said he wanted to get a weapon and that he “wanted revenge.” He asked if anyone at the center had a firearm, but the suggestion was greeted with laughter. He left without a weapon and returned to his house, where he was eventually transported to the hospital for treatment and police questioning.

Following a break, the parties had a lengthy disagreement regarding the defense’s questioning of the victim’s being a known drug dealer. The judge disallowed it since there was no proof, such as a conviction, and the defense’s claims were mostly based on what others supposedly said, which is hearsay. The judge also reminded both sides that they could not bring in previously excluded information about character.

There was also a discussion about the witness’s immunity and whether he could be asked questions about drug distribution. The judge pointed out that the immunity letter didn’t cover those topics and warned the defense to wait for a ruling before asking anything. The defense said an officer had told them the witness was known for dealing drugs, but the prosecution argued this wasn’t a valid reason to keep bringing it up. The judge agreed and said there was no good faith basis to allow those questions.

The victim was put back on the stand and was also questioned about past crimes and inconsistencies in his statements. He admitted to having a criminal history but said he is a different person now. The defense played body camera and hospital footage showing that the witness didn’t tell police the full story. He claimed he didn’t mention certain things, like hearing sirens, because the police never asked, but this was the first time he brought that up in four months.

Parking lot video footage depicted the defendant’s kicking the victim’s car, even though the victim said that didn’t happen. More footage showed the victim apparently chasing the defendant’s car, though he denied it. When pressed about these details, the witness pushed back and even interrupted the defense’s questioning at one point.

Due to time constraints, the victim was unable to conclude his testimony.

A Tesla employee testified remotely as a technical witness. He explained how Tesla cameras and storage systems work. He said that video clips can’t be deleted from the Tesla app and can only be removed directly from the car’s screen or by taking out the USB drive. This was meant to help clarify whether video evidence from the defendant’s car could have been deleted.

Parties are slated to return on Oct. 14.

Ailing Homicide Defendant Motions for Bond Review

A homicide defendant in failing health asked for a bond review to reconsider his current detention in a hearing before DC Superior Court Judge Michael Ryan on Oct. 8.

Byron Sneed, 40, has been charged with first-degree murder while armed for his alleged involvement in the shooting death of Raymond Washington, 18, that took place on the 700 block of Marietta Place, NW on June 30, 2024.

Sneed appeared before the court wearing a medical mask and carrying a satchel over his shoulder that his attorney, Destiny Fullwood-Singh, called a kind of “catheter”. He was visibly tired and responded quietly to questions from Judge Ryan.

Sneed had previously rejected a plea deal which was not discussed in open court.

Fullwood-Singh requested a change in release conditions in light of Sneed’s health problems, which they stated have gotten worse as the case moves toward trial.

The prosecution stated that they will need time to review the medical records provided by Howard University Medical Center to determine their position on the matter.

Court is set to reconvene on Oct. 22.

Defendant Accepts Guilt for Ex-Lover’s Gruesome Murder

A domestic violence related homicide defendant accepted a plea deal before DC Superior Court Judge Michael Ryan on Oct. 7.

Richard Dyson, 58, was originally charged with second-degree murder for his involvement in the death of 62-year-old Donella Bryan on April 15 on the 300 block of N Street NE. Bryan died from blunt force trauma and asphyxiation.

According to court documents, officers from the Metropolitan Police Department (MPD) found Bryan’s body on April 19, inside a trash dumpster on the 1500 block of Benning Road, NE, more than a mile from the crime scene.

According to court documents, Dyson and Bryan were romantically involved previously and still lived together.

Defense attorney Wole Falodun informed the court that Dyson accepted an offer extended by prosecutors that required him to plead guilty to second-degree murder. As part of the plea agreement, the prosecution agreed to not pursue an indictment on additional charges related to the case and limit their sentence request to 24 years of imprisonment.

The prosecutor said if the case proceeded to trial the evidence would have proved that Dyson murdered Bryan by striking her in the head and suffocating her with a sock.

Dyson is scheduled for sentencing on Dec. 12.

Gun-Related Homicides Decrease in September

According to D.C. Witness data, among the seven reported homicide incidents and victims in September, three resulted from gun violence. A significant difference from August, when all five homicide incidents were fatal shootings.

As of Oct. 15, of the seven incidents, The Metropolitan Police Department (MPD) has identified one suspect.

Ricardo Botts, 37, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of his mother, 66-year-old Pamela Botts on Sept. 21 on the 2100 block of 32nd Place, SE.

According to court documents, Ricardo’s grandmother reportedly heard a verbal argument and witnessed Ricardo standing over Pamela. The case is pending a preliminary hearing.

MPD has not identified suspects for the remaining six homicides.

According to MPD, one incident resulted from a large fight that occurred on Sept. 13 on the 2000 block of 14th Street, NW. In addition to the fatal stabbing of 34-year-old Jermaine Foster Jr., three victims sustained wounds during the fight.

MPD also reported an officer-involved shooting that resulted in the death of 31-year-old Jonathan Boruch on the 5100 block of Sherier Place, NW on Sept. 16.

According to MPD, officers responded to a reported domestic disturbance where Bourch reportedly charged at the officers while armed with two knives. MPD officers reportedly fired one shot that fatally injured Boruch. The involved officers are on administrative leave and MPD’s Internal Affairs Bureau is investigating the incident.

MPD is also investigating a fatal pedestrian crash that killed 40-year-old Angela Boston on Sept. 6 on the 1100 block of Eastern Avenue, NE. The black SUV that struck Boston immediately fled the scene.

MPD is currently offering a reward for information on the unsolved cases.

Shooting Suspect Waives Preliminary Hearing, Judge Denies Release

DC Superior Court Judge Heide Herrmann denied a shooting defendant’s request for release after he waived his right to a preliminary hearing on Oct. 15.

Xavier Anderson, 23, is charged with aggravated assault knowingly while armed and possession of a firearm during a crime of violence for his alleged involvement in a shooting that injured one on the 600 block of Galveston Street, SE on July 11.

Thomas Lester, Anderson’s defense attorney, alerted the court of his intent to waive the preliminary hearing.

Lester also requested for Anderson to be released with GPS monitoring, arguing that the GPS condition would allow the court to track his location. He said that because Anderson is homeless, he could stay at a local men’s shelter.

The prosecution objected, arguing that Anderson should remain detained for the safety of the community.

The prosecutor said footage of the shooting negates the argument that Anderson acted in self-defense, saying the weight of the evidence is strong.

The prosecution highlighted Anderson’s past, noting he has a “pretty serious” misdemeanor case, violated a previous stay-away order, was convicted for a robbery in 2021, and has two bench warrants.

Lester contended that the actual information of the incident “doesn’t align with the [prosecution’s] argument.”

He said the cartridges that officers recovered from the incident did not match Anderson’s gun, instead matching the firearm of another individual allegedly involved.

Lester added that there was a verbal altercation minutes prior to the shooting

“There’s a greater question here than what the [prosecution] is indicating to the court,” Lester said.

He refuted the prosecution’s point about the stay-away order, saying previous prosecutors withdrew their hold upon discovering Anderson was not in the banned location. He maintained the prosecutor brought up the stay-away order to try to argue Anderson would not comply with any imposed release conditions.

Lester said there is no evidence Anderson brandished a weapon and contended that he was compliant while being arrested.

He argued that there were dissimilarities in describing the shooter because other witnesses detailed a person different than Anderson. He suggested that the complaining witness might have been overwhelmed by the incident and, therefore, pointed out the wrong person.

Lester paraphrased what the other witnesses told officers, saying, “He didn’t do anything. He’s a different guy. He was just confused.”

Judge Herrmann remained concerned by the fact that Anderson illegally possessed a firearm, despite being prohibited, saying the weight of the case is “very strong.”

Judge Herrmann said that, even if the shooting did not happen, he would still be detained because of Anderson’s unlawful possession of a firearm. Therefore, she said she cannot ensure the safety of the community if he was released and he will thus remain detained.

Parties are slated to reconvene Nov. 13.

Defense Claims Prosecution’s Shooting Case Has,’ a Flawed Foundation’

DC Superior Court Judge Neal Kravitz heard openings and witness testimony–including a victim–on the first day of a jury trial, Oct. 9, for a non-fatal shooting defendant.

Daquawn Lubin, 30, is charged with with conspiracy while armed, two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, unlawful possession of a firearm, carrying a pistol without a license outside home or business, assault with significant bodily injury while armed, and three counts of possession of a firearm during a crime of violence while armed and possession of a prohibited weapon for his alleged involvement in the non-fatal shooting of two victims.

The incident occurred on the 4600 block of Benning Road, SE on July 24, 2023.

In their opening, the prosecution claimed Lubin is one of two individuals responsible for shooting the victims, whose “lives changed forever”.

According to the prosecution, Lubin and his ex-codefendant Johnathan Young, 35, were invited to an apartment complex by one of the victim’s now ex-girlfriends friends on July 24. The men were in the apartment for approximately 30 minutes before one of the victims arrived at the apartment and kicked the pair out.

Consequently, the suspects returned allegedly armed, according to the prosecution. The shooters “unloaded” their magazines on the two victims after lying in wait in the parking lot of an apartment complex on Benning Road, alleged the prosecution.

In his opening the prosecutor admitted that he did not have any physical or forensic evidence to connect Lubin to the shootings. He went on to advise the jury that there is not just a single piece of evidence or witness that makes the case, it is “like a puzzle”.

Defense attorney Kevin O’Sullivan insisted, “A structure built on a flawed foundation cannot stand”. He said that there are three reasons why Lubin should be found innocent, mainly that the prosecution failed to do a thorough investigation.

According to O’Sullivan, Lubin does not fit the description of the shooter. He stated that there were two eyewitnesses who will not be called by the prosecution and not talked to by the lead detective in the case who identified the shooters as both having dreads. Lubin allegedly had short hair at the time of the incident.

O’Sullivan alleged that the victims lied to police in original statements. One of the victims stated that the shooting was a result of a robbery gone wrong, when that was not the cause for the incident. Additionally, one of the victims was said to be carrying a weapon, violating the terms of his parole, but threw the weapon away on scene in order to not be found in possession of it by police on scene.

Finally, O’Sullivan argued that the prosecution will not provide “one shred” of physical or forensic evidence connecting the defendant to this shooting. When a search warrant was executed on Lubin’s home, the clothing matching what the shooter was wearing was not recovered.

Additionally, a magazine and shell casings were found on scene. However, the defense says the shooter’s DNA would have been found on that magazine and the casings because the individual would have had to load the bullets. Lubin’s DNA was not found on any of these items, according to O’Sullivan.

The prosecution called one of the victims to testify. He used to date an individual who lived at the apartment complex–the violence occurred in the building’s parking lot.

He testified that on the day of the incident, he spoke to his girlfriend multiple times over the phone and felt something was wrong, so he visited her late in the afternoon. Upon arriving, he saw his girlfriend and four other guests, two of which were men.

He said he had a private conversation with his girlfriend, which led to him forcefully telling the other guests to leave. He noted that they took some time to gather things, but that everyone left without complaint.

The victim said he invited his godfather to moderate the conversation with his girlfriend. Once the conversation concluded, he and his godfather left.

When the two got to the parking lot, the victim claimed he heard gunshots, but couldn’t tell how far away they were. He recalled a sharp sting in his “lower half” before not being able to feel anything. He also remembered bleeding. Sometime after, he testified, he woke up in a hospital bed, reporting that he had numerous stitches and staples down his leg.

While in the hospital, the victim spoke with detectives. They showed him an array of suspects and asked him if he recognized any. He highlighted one with long dreadlocks and no others. The man he identified was not Lubin.

The prosecution showed three different pieces of police footage to verify events with the victim. First, they showed him an image of him being found with blood-soaked clothing by a van. The victim confirmed that he was the man in the image.

Next, they showed two short videos of questions the police asked the victim when treating him. One was the police asking if he knew who shot him, and he said he didn’t. In the other, he stated that his family members were around. He clarified that the family he was referring to was his godfather and cousin.

The victim claimed that only one officer found him at the scene, but that his body and mind were still in shock, and that he remembered little of his interactions with the officer.

The victim noted that he had a gun during the incident. He stated he carries one for his protection, but that he wasn’t able to fire it during this incident and that he wished he did. He thought the incident may have gone differently if he could’ve used it. He said it “fell” and didn’t fire.

O’Sullivan asked the victim to confirm that he is a convicted felon and on probation for a case in Maryland. The victim confirmed, and clarified that he did not hide this when police found him.

O’Sullivan asked if he was aware of the consequences if he were to be charged for having the gun. He said that he knew he wasn’t supposed to have it, but wasn’t aware of the exact consequences.

The victim was granted statutory immunity for this case, but was warned of the charges he could face should the prosecution so desire including unlawful possession of a weapon, which, paired with the probation could result in his being sent to a federal prison.

During a short break, O’Sullivan highlighted a ballistics report from the incident, in which three shell casings were found around the victim and his car. Police also found a firearm nearby. Judge Kravitz agreed that the victim’s testimony was unclear, and that it seemed like the victim was not being completely truthful.

O’Sullivan highlighted the discrepancy in the victim’s testimony in court and to the grand jury. While in court, he claimed that he didn’t fire and lost the gun, but he told the grand jury that he threw it away, which O’Sullivan presumed was due to his felony status.

The victim did not clarify one way or the other, but noted that his primary thought during the incident was to get out of the area. He also assured that his godfather was not the one who shot the gun.

O’Sullivan asked if the victim yelled or threatened the other guests to get them to leave. He said he recalled saying “get the hell out,” but did not raise his voice or brandish the gun. He noted that the guests didn’t push to stay either, and that they left without confrontation.

The prosecution also called the victim’s now ex-girlfriend to testify.

The witness identified, through prosecution’s exhibits, Lubin and Young as the men in security footage seen entering her apartment on July 24, 2023. She also testified that before this date she did not know Lubin, had not seen him before, and this was his first time entering her residence.

When asked about the demeanor of the victim when he arrived at her apartment and kicked out the guests, she stated he was angry. She testified that although he was angry, she did not hear any profanity. yelling, and no one brandished a weapon. According to the witness, everyone left without issues.

She testified that she heard gunshots as she attempted to leave her apartment.

In cross examination by O’Sullivan, she stated that she did not see the shooters or the shooting occur. Furthermore, she did not see the injuries inflicted on either victim.

The witness also stated that Lubin did not refuse or retaliate when he was kicked out of the apartment.

Parties are slated to reconvene on Oct. 7.

Eyewitness Testifies ‘Bullets Started Flying’ in Homicide, Serial Shooting Trial

A witness recounted the day she was under fire in front of a murder trial jury before DC Superior Court Judge Rainey Brandt on Oct. 14.

Reginald Steele, 26, is charged with first-degree murder while armed, conspiracy, 10 counts of assault with intent to kill while armed, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, two counts of tampering with physical evidence, and five counts of possession of an unregistered firearm.

The charges are in connection to his alleged involvement in four shootings, including the fatal shooting of 13-year-old Malachi Lukes, at the 600 block of S Street, NW, on March 1, 2020. Another individual sustained injuries during the incident.

Steele is also linked to a non-fatal shooting on March 1, 2020 at the unit block of Channing Street, NE, and a non-fatal shooting on Feb. 24, 2020 at the 1700 block of Ninth Street, NW. No individuals were injured on Channing Street, and three individuals were injured on Ninth Street.

Additionally, Steele faces charges for his alleged involvement in a non-fatal shooting on Feb. 22, 2020 at the 700 block of Farragut Street, NW. No individuals sustained injuries.

A witness who was present at the Farragut Street shooting explained her experience, and the moments leading up to the shooting.

The witness stated that she had been sitting on the front porch of her mother’s home with her boyfriend and a friend–it was her grandmother’s birthday and she was home to celebrate.

The witness recounted seeing a gray Kia pull up to the front of the house. She found it odd that there were young people in the car, as they didn’t typically frequent the area.

Referring to previous grand jury testimony given, she described the car as having two men and two women inside, with one of the men yelling in an aggressive tone before hurriedly driving away.

“At any time did you threaten the people in the car?,” the prosecutor asked. “Did anyone else threaten people in the car? Did anyone point a weapon at them?,” prosecutors continued. The witness answered no to all three questions.

The witness thought the incident was over, so the group continued to gather on the front porch, with the witness describing the environment as “chill and quiet”.

However, as the witness stated that about five minutes later, she saw two men approaching on foot, wearing the same colored shirts that she saw the men in the car wearing– gray and green.

The witness said she thought they were coming to fight. She described turning to her boyfriend, who testified on Oct. 9 about the same incident, and telling him not to fight the men.

Then, “bullets started flying toward us,” the witness stated. “I didn’t see it, but I heard it”.

The witness believed one of the females in the car was her neighbor, who she described as having had a previous altercation with the witness’ younger sister. The witness wasn’t entirely certain it was her, but felt fairly confident it was.

Defense attorney Gemma Stevens asked the witness if there were any injuries sustained, or medical attention needed– the witness said there wasn’t.

A supervisor in the firearm registration branch at the Metropolitan Police Department (MPD) was called to the stand. Prosecutors confirmed with the witness that Steele had no conceal carry license, or any firearms registered in his name at the time of the incidents.

Trial is set to reconvene on Oct. 15.

Probable Cause Found in Sneaker Store Homicide

Detective testimony and surveillance footage provided evidence of probable cause in a homicide case before DC Superior Court Judge Michael Ryan on Oct. 8.

Andre Townsend, 31, is charged with second-degree murder while armed for his alleged involvement in the shooting death of Derrick Howard, 39, on the 3000 block of Martin Luther King Jr. Avenue, SE on March 18.

The prosecution called the investigating detective to testify about surveillance footage he collected of the incident. He stated that a man he identified as Townsend can be seen sticking his arm up as shots are heard and the victim is seen falling to the ground. The men were gathered outside a shoe store for a release of a new item new item, and a dispute between a group including the victim and a group involving the defendant ensued, according to the detective.

The witness claimed that he identified the shooter by presenting a photo array and showing Instagram pictures to witnesses. He stated that three different people independently identified Townsend as the shooter. He also said that he interviewed the defendant twice, both before and after his arrest, about the shooting and his answers were not consistent each time.

Cross examination confirmed that Townsend could not be identified from the video directly. He also revealed, as was also in the arrest warrant, that one of the witnesses admitted to the detective that he had a firearm as well at the time of the incident but did not fire it.

Judge Ryan ultimately decided that there was probable cause to move forward on the charge of second-degree while armed because of the testimony of the witness, the identification of the shooter by multiple witnesses, and cell site data putting Townsend in the area of the shooting.

Court is set to reconvene for a felony status conference Nov. 21 before Judge Rainey Brandt

Jury Acquits Shooting Suspect on Most Charges

A jury rendered a not guilty verdict for the primary charges in a non-fatal shooting before DC Superior Court Judge Judith Pipe on Oct. 8.

Dominick Jackson, 41, was originally charged with assault with a dangerous weapon, assault with significant bodily injury while armed, aggravated assault knowingly while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm in an intrafamily offense, and obstructing justice for his alleged involvement in a shooting that occurred on Nov. 20, 2022, on the 700 block of 12th Street, NE.

However, the jury acquitted Jackson of all charges, except obstructing justice.

In light of the verdict, Judge Pipe allowed Jackson’s GPS monitor to be removed.

Parties are slated to reconvene to see if the prosecution decides to refile the case on Dec. 12.

Stabbing Defendant Waives Right to Preliminary Hearing

A stabbing defendant waived his right to a preliminary hearing on Oct. 8 before DC Superior Court Judge Heide Herrmann.

Chad Hawthorne, 44, is charged with assault with a dangerous weapon for his alleged involvement in the stabbing of an inmate on July 25 at the DC Jail on the 1900 block of D Street, SE.

According to court documents, video surveillance and body camera footage showed an individual, identified as Hawthorne, approach the victim, who was being escorted by an officer, and stab him several times with a sharp metal object. The victim sustained several stab wounds.

Tammy Thom, Hawthorne’s attorney, alerted the court of his intent to waive the preliminary hearing of the evidence in the case.

The court ruled Hawthorne should remain detained.

Parties are slated to reconvene Nov. 7.

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