Non-Fatal Shooting Defendant Waives Right to Preliminary Hearing

On Oct. 18, DC Superior Court Judge Renee Raymond accepted a defendant’s waiver of his right to a preliminary hearing in a non-fatal shooting case.

Manaen Hines, 31, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a shooting that occurred on Aug. 18, on the 3000 block of Martin Luther King Jr. Avenue, SE. One individual was shot and transported to a local hospital for non-life-threatening injuries to their back and abdomen.

With this waiver, Hines agreed to give up his right to cross-examine the prosecutor’s witnesses and hear their evidence against him.

Hine’s defense attorney, Peter Cooper, asked the court to release his client based on his limited criminal history and strong familial support.

The prosecutor argued for detention to be maintained due to this being “a very violent offense, a very serious offense.”

Judge Raymond ruled in favor of the prosecution, saying, “presumption [of detention] has not been rebutted by the defense,” and the court documents show clear and convincing evidence of “probable cause at a minimum”.

The indictment clock will be paused as plea negotiations continue between parties.

The next hearing is set for Oct. 30 in front of Judge Heidi Pasichow.

Judge Denies Request to Release Non-Fatal Shooting Defendant

At an Oct. 18 presentment hearing, DC Superior Court Judge Eric Glover denied a defendant’s request for release.

Ni’Jhae Curry, 33, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for her alleged involvement in a non-fatal shooting at the 900 Block of Sycamore Drive, SE, on Oct. 17. There were no reported injuries.

According to court documents, the Metropolitan Police Department (MPD) arrived at the reported location after being dispatched due to gunshots. The police arrived to find an individual stating that Curry had fought with her and fired one round at her after a dispute between them. Two witnesses attempted to aid the complainant and diffuse the fight.

Judge Glover found probable cause for the case following prosecution’s argument that the complainant identified Curry as the shooter.

Curry’s defense attorney, Page Resnick, motioned for Curry’s released as she awaits further proceedings.

Judge Glover denied the defense’s request for release, deeming Curry a danger to the community.

Parties are expected back for a preliminary hearing on Oct. 20 in front of Judge Erik Christian.

Key Witness Problem delays Non-Fatal Shooting Trial

On Oct. 18, at a hearing that was supposed to be a trial, DC Superior Court Judge Lynn Leibovitz released a defendant charged in a non-fatal shooting incident after a critical witness failed to appear in court.

Marcellus Stewart, 27, is charged with two counts of assault with a dangerous weapon, two counts of assault with significant bodily injury while armed, and four counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in a non-fatal shooting on May 17 on the 4600 block of Hillside Road, SE. The incident left three people suffering from non-life-threatening gunshot wounds.

At a previous hearing on Sept. 29, prosecutors alerted Judge Leibovitz they were having issues contacting one of the key witnesses.

According to prosecutors, their inability to contact and have the witness at court was due to the individual’s detention outside the District’s jurisdiction in an unrelated matter. He was scheduled to have a bond review hearing on Oct. 18, but it is unclear if he was released.

Due to the prosecutors’ inability to guarantee the witness would show up to testify, Stewart’s defense attorney, Camille Wagner, filed a motion to release Stewart citing the prosecution’s inability to be prepared for trial.

In granting the defense’s motion, Judge Leibovitz said Stewart would be restricted to home confinement and would only be allowed to leave home for medical reasons or to go to court.

Parties are expected back for a status hearing on Oct. 24.

Judge Finds Probable Cause in Homicide Case

On Oct. 18, DC Superior Court Judge Robert Okun resumed the preliminary hearing of Pedro Funes, a suspect in a homicide case.

Funes, 33, is charged with first-degree murder while armed for his alleged involvement in the death of 30-year-old Arnold Humberto Solis on the 2200 block of Champlain Street, NW, on July 26.

During the cross-examination of a detective from the Metropolitan Police Department (MPD), the defense focused on the fact there was no footage of the actual shooting. Therefore, the defense says there is no evidence showing who shot Solis and what exact time he was shot.

Funes’ defense attorney, Dana Page, asked the detective if he could prove the picture of a gun Funes had sent in a message to Solis was initially taken on Funes’s phone camera or was a screenshot. The detective said he did not know.

In redirect, a video from a liquor store was presented to the court which allegedly shows Funes threatens Solis. The detective confirmed that it was Funes who made the threat.

The prosecution stressed the close relationship between Funes and Solis. According to the prosecutor, the shooting “occurred between two close friends,” which explains how the shooting was able to happen in close proximity. The prosecution also mentioned the picture of the gun Funes sent to Solis is a nine millemeter caliber. The casing retrieved from the crime scene was also a nine millimeter.

Page agreed that Funes and Solis had a close friendship but argued that there is no evidence explaining why the defendant would shoot the decedent. According to Page, it makes no sense that Funes would kill his friend.

Judge Okun said, “I am going to find probable cause.” He concluded there was enough evidence from the threat and the picture of the gun matching the casings. He ruled the defendant would be held until his trial because he allegedly shot Solis when he was on supervised release for an unrelated matter.

A status hearing will be held on Dec. 6.

Document: Man Dead After Shooting in Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Oct. 17 on the 4100 block of East Capitol Street, NE.

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

The victim was identified as 24-year-old Raequan Williamson.

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

Document: Woman Arrested in Shooting in Southeast

The Metropolitan Police Department (MPD) announced a woman was arrested in a shooting that occurred on Oct. 17 on the 900 block of Sycamore Drive, SE.

According to MPD documents, the woman assaulted a victim at the location. During the assault, the woman produced a handgun and fired at the victim before fleeing the scene. The victim was not injured, and the woman was arrested, with two firearms recovered by responding officers.

The woman, 32-year-old Ni’jhae Curry, was arrested and charged with assault with a dangerous weapon (gun), carrying a pistol without a license, endangerment with a firearm, carrying a rifle without a license, two counts of possession of an unregistered firearm, two counts of possession of unregistered ammunition, simple assault, and national firearms act.

Document: Northeast Shooting Leaves Man Dead, Another Injured

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man and left another injured on Oct. 16, on the 300 block of Tennessee Avenue, NE.

According to MPD documents, officers responded to the location for the report of sounds of gunshots, where they located two men with gunshot injuries. One succumbed to his injuries at the scene, and the other was transported to a local hospital for treatment of non-life-threatening injuries.

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

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 in the District.

Homicide Defendant Waives Right to Independent DNA Testing

On Oct. 18, DC Superior Court Judge Rainey Brandt accepted a defendant’s waiver of his right to independent DNA testing.

Delonte Jackson, 24, is charged with first-degree murder while armed, three counts of possession of a firearm during a crime of violence, and two counts of unlawful possession of a firearm, among other charges, for his alleged involvement in the murder of 44-year-old Artavarn Wagner on March 3, 2022, on the 1700 block of Gales Street, NE.

The prosecution stated that its testing has been conducted on cartridge casings found at the scene and swabs from a vehicle–as well as a firearm allegedly recovered by police, which the prosecution states it also intends to test.

The prosecution also has autopsy evidence including fingernail clippings, which they do not intend to test at this time.

Jackson’s defense attorney, Megan Allburn, stated that Jackson understands his right to test evidence and chooses to waive his right.

A status hearing is scheduled for Feb. 22.

Prosecution Calls Detective in Motions Hearing for 2020 Homicide Case

On Oct. 18, the motions hearing in a 2020 fatal shooting case continued with the prosecution calling an investigating detective to testify before DC Superior Court Judge Maribeth Raffinan.

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

During the third day of hearings, the prosecution called a Metropolitan Police Department (MPD) detective to testify about Walters’ arrest and detainment. According to the detective, he discovered multiple .40 caliber shell casings near the scene and recalled the area looking like an altercation had occurred because the dirt was unsettled.

The prosecution displayed a T-Mobile phone bill with Walters listed as the subscriber. The detective testified Daniels’ last outgoing phone call was to Walters’ phone. Court documents allege Daniels’ was attempting to purchase a handgun from Walters.

During cross examination, defense attorney Sylvia Smith presented body-worn camera footage of Walters’ arrest suggesting the police may have gone too far. Police officers can be heard stating, “We have you in the area surrounded,” outside of his home. In a separate screenshot, Walters is shown detained in the back of a police car.

In another clip from the body-worn camera footage, the detective is heard telling officers Walters had probable cause to commit a homicide.

Smith said the detective had no grounds to make the probable cause claim without submitting the required paperwork.

The detective was not able to finish his testimony due to time constraints and will complete it on Oct. 24.

As a result, the outstanding motions will be ruled on at a later date.

Judge Raffinan vacated the original trial date of Oct. 30, and rescheduled it for Nov. 6.

Parties will reconvene on Oct. 24 for a continuation of the motions hearing.

Judge Denies Homicide Defendant’s Request For Release

On Oct. 17, DC Superior Court Judge Maribeth Raffinan denied a request for the release of a 2021 homicide defendant.

Deonte Patterson, 27, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and obstruction of justice for his alleged involvement in the fatal shooting of 32-year-old Ali Jamil Al-Mahdi. The incident occurred on Aug. 23, 2021, on the 1800 block of 9th Street, NW.

On Oct. 5, defense attorney Cheryl Stein filed a motion for Patterson’s supervised release.

In the motion, Stein argued Patterson’s detainment was based on emergency legislation that is set to expire on Oct. 18. According to court documents, this legislation finds that the “presumption of dangerousness is now triggered whenever the court finds that there is probable cause that the person committed any of the foregoing offenses while armed with or having readily available a pistol…” Under this legislation, the court found probable cause at Patterson’s detention hearing.

Prosecution argued Patterson was a “flight risk,” and expressed he should remain in detainment.

Judge Raffinan acknowledged the emergency legislation will be in effect for at least another 90 days and denied the motion for his release.

Parties are expected to reconvene Feb. 7 for an hearing about defense access to evidence in the case.

Experts Testify About Validity of Homicide Suspect’s Statements to Police

On Oct. 16 and 17, two expert witnesses testified in a motions hearing before DC Superior Court Judge Maribeth Raffinan about whether a murder suspect fully understood what he told police.

The expert testimonies were conducted to inform Judge Raffinan’s decision on the defense’s motion to suppress any statements Walters provided to Metropolitan Police Department (MPD) officers while waiving his Miranda rights against self-incrimination.

In the motion filed by Sylvia Smith, Walters’ defense attorney, she argued Walters did not waive his rights voluntarily, as the “circumstances surrounding his waiver were manipulative and coercive.”

Smith called a forensic clinical psychologist to testify about Walters’ interrogation.

In a video clip of the interrogation, Walters says, “My stomach hurts and I haven’t eaten all day”. The psychologist claimed these factors could have an impact on Walters’ understanding of the Miranda waiver and stated, “Your physical state will impact your thinking.”

In addition, she argued Walters’ low IQ, combined with his under developed prefrontal cortex, could lead to a lack of verbal comprehension, thus making it difficult to understand what the officers were telling him.

Smith focused on how fast Walters’ Miranda rights were read to him, arguing how difficult it would be for Walters to understand what was being said. She argued the conditions of the room being cold, and having to wait four hours before the interrogation, would also impact Walters’ ability to provide voluntary statements.

Meanwhile, prosecutors called a former psychology professor and executive director at the Center for Law, Brain, and Behavior to testify his findings on the interrogation of Walters.

From viewing the interrogation video, the doctor didn’t expect Walters to have trouble with oral fluency and comprehension, given he was in a familiar environment since he had previously undergone an interrogation.

In describing the interrogation, the doctor stated, “It was almost like a chess game, in terms of what do they know and what do I have to give up.”

Based on the video, the doctor acknowledged Walters appeared to be fully engaged in the conversation and did not look under duress.

During the cross-examination, Smith argued a person’s IQ can impact their understanding of their Miranda rights. The doctor agreed that youth between the ages of 15-to 17-with a low IQ would perform poorly given a Miranda warning.

There were no rulings at the hearing as a key detective is expected to testify Oct. 18, and the remaining motions will be decided at a later date.

They include the defense motions to dismiss the indictment due to withholding of excupatory evidence, as well as suppress evidence from the search of Walters’ girlfriend’s home.

Because of the pending motions, the trial is expected to be pushed back to November.

Parties are expected to reconvene Oct. 18 in order to continue the motions hearing.

Defendant’s Sentence Suspended in 2022 Non-Fatal Shooting at Police

On Oct. 17, a defendant was given a suspended sentenced in a 2022 non-fatal shooting case in a hearing before DC Superior Court Judge Errol Arthur.

Lamiko Wheeler, 45, was originally charged with assault of a law enforcement officer while armed, assault with a dangerous weapon, and two counts of possession of a firearm during a crime of violence, for his alleged involvement in a non-fatal shooting that occurred on the 400 block of Oakwood St, SE, on Feb. 26, 2022. The incident left two individuals, including Wheeler, suffering from non-life-threatening injuries.

According to court documents, officers responded to the location for the report of a shooting, where they located a victim suffering from gunshot wounds. Wheeler was ordered by Metropolitan Police Department (MPD) officers to drop his firearm, and did not comply. Two officers discharged their service weapons, striking Wheeler, at the same time as he discharged his weapon. No officers were injured during the incident.

On Aug. 24, Wheeler accepted an offer extended by prosecutors to plead guilty to one count of assault on a police officer and assault with a dangerous weapon in exchange for a dismissal of all other charges. In the agreement, prosecutors also stated they would not seek an indictment.

During the sentencing hearing, Wheeler said, “I want to take full responsibility as a man,” adding, “it wasn’t me.”

Judge Arthur responded, “I understand that it’s not you, but the consequences could have been grave.”

The defense noted Wheeler and others had taken some drugs before the incident leading to his actions.

According to prosecutors and Jesse Winograd, Wheeler’s defense attorney, he has no criminal history. Jesse Winograd said, “He is not a person who requires incarceration.”

The prosecutor acknowledged that Wheeler has, “been a very upstanding citizen.”

Since his release in late 2022 Wheeler has complied with his release conditions and there have been no issues.

Judge Arthur sentenced Wheeler to 18 months for assault on a police officer while armed, and 12 months for assault with a dangerous weapon. However, both sentences were suspended, meaning Wheeler will not have to serve time.

As part of his sentence, Judge Arthur imposed two years of probation for each charge, which will run concurrent.

Wheeler has to register as a gun offender and pay $200 to the Victims of Violent Crime Fund.

Parties Argue Probable Cause Evidence in a Murder Case

On Oct. 17, during the third day of a homicide preliminary hearing, DC Superior Court Judge Rainey Brandt heard parties make their final arguments regarding probable cause.

Jaleil Jones, 18, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 44-year-old Robert Lavender that occurred on July 17 on the 600 block of Monroe Street, NE.

On Oct. 17, Kevann Gardner, Jones’ defense counsel, resumed his cross-examination of the lead detective from the Metropolitan Police Department (MPD).

According to the detective, there was a witness that allegedly saw Lavender being “beat-up” by an individual while another individual watched, and that there was surveillance footage allegedly showing Jones and the unidentified individual walking to and away from the shooting location.

The defense argued that the MPD report and the detective’s testimony both state that no witnesses saw the shooting or someone holding a firearm near the scene.

During final arguments, the prosecutor’s argument focused on the video footage and witness testimony that allegedly described and showed two men, identified as Jones and his companion, in the same clothes at several locations around Lavender. The prosecutor said, “they were the aggressors,” and “They cannot argue that they were the victims.”

In Gardner’s final arguments he said, “all that the MPD knew was that there were gunshots and that someone ran away from gunshots,” and “there is no weapon, there is no gun, there is no robbery”. Gardner also argued that the prosecution does not have enough evidence to support the homicide charges against Jones.

Judge Brandt requested additional time to thoroughly review all evidence admitted during the preliminary hearings.

Parties are expected to return for the court’s ruling on Oct. 18.

Probable Cause Found in Co-Defendant Stabbing Homicide

On Oct. 17, DC Superior Court Judge Robert Okun found that a homicide case against two co-defendants has enough evidence to go to trial.

Lewis Jones, 27, is charged with first-degree murder while armed, felony murder and second-degree murder while armed, along with his co-defendant Nichelle Thomas, 27, who is charged with felony murder while armed, obstructing justice of a witness or officer, and accessory after the fact, for their alleged involvement in the fatal stabbing of 42-year-old Anthony Jordan on Aug. 4, on the 2500 Block of Pomeroy Road, SE.

The prosecution began by calling the lead Metropolitan Police Department (MPD) detective who testified there were blood droplets in several areas in the bedroom of the apartment where the murder occurred. Also, he said he recovered clothing from the scene similar to the clothing worn by the defendants when they allegedly disposed of Jordan’s body.

To support their argument, the prosecution played surveillance footage showing Jones and Thomas allegedly carrying a suitcase with Jordan’s body in it down the steps of their apartment building, and dropping it next to a dumpster. The detective testified that an eyewitness, who lived in the apartment at the time, explained the suitcase appeared to be “dripping with blood”.

According to the detective, the witness said that after the stabbing, Thomas was attempting to persuade her what to tell police, and coerce her to draw attention away from the defendants. The witness was reportedly in the bedroom with Jordan when Jones allegedly stabbed him.

The detective admitted the crime scene was not secured during the initial investigation. Roderick Thompson, Jones’ defense attorney, asked the detective about who had access to the crime scene at that time.

The detective explained that Jordan’s family had been there briefly in between the search warrants, which were roughly two hours apart. When Thompson asked if the authenticity of the blood that was found on the scene was tested, the detective said not to his knowledge.

During additional cross examination, Thomas’ defense attorney, Alvin Thomas, questioned the detective about his interviews with the defendants. The detective testified that the defendants told him that the witness had asked Jones to beat Jordan up earlier that same day.

According to the detective, there had been previous altercations between the witness and Jordan, and Alvin Thomas said the defendants may have been trying to assist the witness,

Judge Okun ruled that, for Jones’ case, there is probable cause for second degree murder while armed, but not for felony murder while armed.

He further ruled that there is sufficient probable cause in Thomas’ case for obstruction of justice and accessory after the fact, but not for felony murder while armed.

Following the probable cause ruling, counsel for both defendants asked if their clients could be released pending trial.

Judge Okun detained Jones. The judge stated that “the nature of the offense is pretty horrific” and that Jordan was “disposed of like trash”.

Judge Okun decided to release Thomas under home confinement, saying that “the nature of her offense weighs in favor of release”.

Parties are expected back on Dec. 12.

Document: Northeast Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Oct. 16 on the 1500 block of Maryland Avenue, NE.

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

The victim was identified as 28-year-old Davon Fuller.

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.

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