Judge Postpones Probable Cause Decision to Consider New Evidence

In a Jan. 19 hearing before DC Superior Court Judge Michael O’Keefe the prosecution argued that a co-defendant in a homicide case googled for information about “how to take apart a Glock 19” on the day of the crime.

Aaron Walker, 19, and Dasani Dawson, 19, are charged with first-degree murder for their alleged involvement in the fatal shooting of 20-year-old Brian Buxton. The incident occurred on Aug. 9, 2022 on the 100 block of Irvington Street, SW.

The prosecution called the lead detective from the Metropolitan Police Department (MPD) who introduced three new surveillance videos allegedly allegedly connecting the defendants to an earlier carjacking incident on the day of the fatal shooting. The officer identified the defendants in court as those in the videos.

Walker’s defense attorney, Brandi Harden, argued that these videos are inadmissible because they were introduced too late since the prosecution didn’t initially intend to use them, but Judge O’Keefe overruled her and she proceeded to cross-examined the detective asking what exactly he had seen in the videos, and what made him think it was Walker in the car.

The lead detective stated the individual in the video was the same height as Walker and was seen in numerous videos wearing a black sweatshirt with red lettering and going in and out of Walker’s house.

Harden responded that many black men in DC are the same height as Walker, and could have been wearing a similar sweatshirt. So she said the lead detective’s testimony shouldn’t admitted because he had no evidence the individual in the videos was Walker.

When Judge O’Keefe overruled her objection, she responded, “It’s improper information for not only the prosecution to do it, but for the court to receive it”

The prosecution said that it’s only common sense the material could be used to connect the individuals in the videos to the defendants, and then presented a timeline of the crime including evidence Dawson had allegedly googled “how to take apart a Glock 19” on the same day that Braxton died after being shot with that same type of weapon.

As the proceeding concluded, Judge O’Keefe decided to postpone his probable cause ruling to review all the evidence.

A follow up preliminary hearing is scheduled for Jan. 25.

Document: MPD Searching for Blue Hyundai Involved in a Shooting

The Metropolitan Police Department (MPD) is seeking the community’s assistance in identifying and locating a blue Hyundai Tucson that was involved in a shooting on Jan. 20 on the 3400 block of 13th Street, SE.

According to MPD documents, the victim was shot at the location. After the shooting, the suspect fled the scene in a vehicle described as a blue Hyundai Tucson with DC tags JB9372. The victim sought treatment at a hospital for non-life-threatening injuries.

The suspect vehicle was captured by surveillance footage.

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

Document: MPD Investigates Traffic Fatality in Southwest

The Metropolitan Police Department (MPD) is investigating the death of a man after a traffic crash on Nov. 29, 2023, on the 4300 block of Martin Luther King Jr. Avenue, SW.

According to MPD documents, a pickup truck was traveling northbound at the location when the truck crossed into the southbound lane to avoid driving over a milled section of the roadway. A motorcycle was traveling southbound at the location at a high rate of speed.

The driver of the truck attempted to swerve left to avoid the collision, but the motorcycle sideswiped the truck, causing the motorcyclist to be ejected. DC Fire and Emergency Medical Services (EMS) responded to the scene and transported the driver of the motorcycle to a local hospital for treatment of life-threatening injuries.

On Jan. 20, the operator of the motorcycle succumbed to his injuries.

He was identified as 50-year-old Jamil David.

Anyone with knowledge of the incident should call MPD.

Judge Sentences Shooting Defendant to 40 Months Incarceration

On Jan. 22, DC Superior Court Judge Heidi Pasichow sentenced a non-fatal shooting defendant to a total of 40 months incarceration.

Manaen Hines, 31, was originally charged with assault with a dangerous weapon and carrying a pistol without a license outside a home or business for his involvement in a shooting on Aug. 18, 2023, 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 the abdomen.

On Oct. 30, Hines accepted a deal that required him to plead guilty to assault with a dangerous weapon and carrying a pistol without a license, in exchange for the prosecution not seeking an indictment. Due to his criminal history, the sentencing ranges were between 18 and 60 months for the assault with a dangerous weapon charge, and six to 24 months for the possession charge.

During the sentencing, prosecutors requested Judge Pasichow sentence him to the higher end of the range, arguing it was a “very serious case, and a very generous plea deal,” adding that he was clearly seen in surveillance footage shooting someone as they were walking away, and, “This could have resulted in greater tragedy.”

“There is no question that this situation could have been a lot worse,” said Peter Cooper, Hines’ defense attorney, adding “he knows he was in the wrong.” He requested Hines be sentenced at the bottom of the guidelines with a split sentence, meaning he serves part of it incarcerated and part of it out in the community.

“I am not a violent person, that day I was feeling like a monster,” said Hines to Judge Pasichow, adding “I don’t ever want to be in this place again.” He requested an opportunity to prove he belongs in the community.

Judge Pasichow denied Cooper’s request for a short-split sentence, imposing a 40 month sentence for the assault with a dangerous weapon charge, to run concurrent to 15 months for the carrying charge.

Hines is required to register as a gun offender, go through vocational training, and have no contact with the victim.

No further dates were set for this matter.

Judge Releases Homicide Defendant to Home Confinement

On Jan. 22, DC Superior Court Judge Robert Okun granted a homicide defendant’s request for release.

Lamar Wright, 20, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 27-year-old Derrick Thomas on May 2, 2023, on the 400 block of Condon Terrace, SE.

Sylivia Smith, Wright’s defense attorney, filed for his release on Oct. 30, which was granted by Judge Okun. He remained detained in another unrelated matter.

According to Smith, Wright is expected to be released from the other matter on Jan. 25. Smith’s mission in court was to determine the defendant’s eligibility for home confinement with unsupervised release in connection to this case. In her request, Smith asked that the defendant be allowed to leave home confinement for legal visits as long as he coordinates with the Pretrial Services Agency (PSA) beforehand.

PSA deemed Wright eligible for release, with the confirmation of an address, which was provided in court by a family member. Wright will be soon released from the DC Jail and must report to Pretrial Services to install a GPS monitoring device.

Parties will reconvene May 31.

Judge Issues Bench Warrant During Sentencing Hearing

On Jan. 22, in what was supposed to be a sentencing, DC Superior Court Judge Andrea Hertzfeld issued a bench warrant in a longstanding shooting case, due to the defendant’s failure to appear.

Leroy B. Headspeth, 80, has been charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a prior convict, among other charges, for his involvement in a shooting that occurred on Oct. 3, 2019, on the 700 block of H Street, NE. Headspeth injured himself during the incident.

On Sept. 22, 2023, Headspeth accepted a deal extended by prosecutors to plead guilty to unlawful possession of a firearm by a prior convict in exchange for a dismissal of all other felony charges. Prosecutors also agreed to dismiss a misdemeanor case against Headspeth.

According to court documents, officers from the Metropolitan Police Department (MPD) found Headspeth injured in an alley with a bullet in his upper left leg with a revolver next to him. He later claimed he bought the gun from a third party he met prior to his injury. Surveillance footage depicts Headspeth discharging a weapon near a park bench after an altercation with the person who allegedly sold him the revolver.

Headspeth was released to the Pretrial Services Agency (PSA) with limitations on Oct. 7, 2019. After failing to appear at sentencing, Judge Hertzfeld issued a bench warrant for his arrest.

A new sentencing date will be scheduled once the US Marshals detain Headspeth.

Document: MPD Arrests Man Involved in Shooting

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a non-fatal shooting that occurred on Jan. 19 at the intersection of A Street and 16th Street, SE.

According to MPD documents, the victim was approached by two suspects at the location. One of the suspects brandished a handgun and shot the victim. The suspects went through the victim’s pockets and fled the scene. The victim was transported to a local hospital for treatment.

A short time later, officers were notified of an adult male who had walked into a hospital suffering from a self-inflicted gunshot wound. As a result of the investigation, the male was identified as one of the suspects.

On Jan. 19, 19-year-old Christ Tchakounte was arrested and charged with assault with intent to rob while armed.

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

Document: MPD Investigating Southeast Homicide

The Metropolitan Police Department (MPD) is investigating a homicide that killed a man on Jan. 18 on the 4000 block of Pennsylvania Avenue, SE.

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

The victim was identified as 66-year-old Sherman Bunch.

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.

Document: MPD Investigating Northeast Homicide

The Metropolitan Police Department (MPD) is investigating a shooting that killed a man on Jan. 18 on the 5000 block of South Dakota Avenue, NE.

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

He was identified as 23-year-old Ryan Realbuto.

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.

Judge Issues Bench Warrant for Homicide Defendant After Failure to Appear

On Jan. 18, DC Superior Court Judge Rainey Brandt issued a no bond bench warrant for a homicide defendant after failing to appear.

Joseph Ballard, 59, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of 33-year-old Monte Daniels on July 28 on the 1600 block of Benning Road, NE.

On Sept. 18, Judge Brandt released Ballard, with objection from the prosecution, to participate in a court-ordered drug treatment.

The court and Ballard’s attorney, Pierce Suen, have not had contact with him since December.

Due to his failure to appear, the prosecution’s request for a bench warrant was granted.

”Do your best to try and find him,” said Judge Brandt to Rachel Cicurel, who was standing in for Suen.

Parties will return once the US Marshals have detained Ballard.

Judge Denies Murder Defendant’s Request for Release

On Jan. 19, DC Superior Court Judge Marisa Demeo denied a murder defendant’s request to be released as he awaits further proceedings.

Tremon Jackson, 20, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 20-year-old Charles Towles on the 1400 block of L Street, SE, on Nov. 4, 2023.

On Jan. 16, DC Superior Court Judge Anthony Epstein found probable cause that Jackson was one of two perpetrators in Towles’ shooting.

Although he has no prior convictions, the prosecution argued that there is a presumption that Jackson’s release would be unsafe to the community.

According to the prosecution, in addition to the incident he is facing charges for, Jackson was previously found at the 1600 block of W St, SE, at a public park, in possession of a firearm. He was also allegedly seen later on the same block, in a music video he posted on YouTube, holding a firearm.

On Jan. 19, the prosecutor further argued that due to a pattern of firearm possession in public areas and because the other perpetrator has not been caught, Jackson’s release would pose a danger to the community.

Prosecutors insisted no combination of conditions can ensure the safety of the community if Jackson is released.

Russell Hairston, Jackson’s defense attorney, noted that he has ample family support and that Jackson’s girlfriend and his girlfriend’s mother had applied to several jobs on behalf of Jackson.

Hairston added that there was no way to know if the firearm in the YouTube video was real, as other artists have used fake firearms in their music videos.

Additionally, he argued that in the video of the shooting used as the primary evidence for the preliminary hearing, Jackson’s firearm was pointed away from the victim, and that the muzzle flashes came from the other perpetrator’s firearm.

Hairston argued there is no combination of factors that warrant pre-trial detention.

Judge Demeo denied the release request, stating that the nature and circumstances of the offense are “very troubling”, adding that the weight of evidence is very strong.

She agreed that the prosecution had met their high burden of providing “clear and convincing evidence that there are no conditions or combination of conditions that would reasonably ensure the safety of the community,” and therefore ordered Jackson be detained pending further proceedings.

Parties are slated to return on April 5.

Judge Denies Defense Motions to Reduce Charges in a Shooting

On Jan. 18, DC Superior Court Judge Lynn Leibovitz denied two motions, presented by the defense for Charles A. Whitney, to remove endangerment with a firearm and destruction of property from his charges.

Whitney, 24, is charged with unlawful possession of a firearm, unlawful discharge of a firearm and destruction of property, among other charges, for his alleged involvement in a non-fatal shooting on the 1500 block of Birney Place, SE, which occurred on Oct. 10, 2023.

“He was acting recklessly at the time,” said Leibovitz, citing evidence that Whitney stood in a location and fired a gun in the direction of the victim’s apartment and damaged the property.

The prosecution called on the victim, whose property was destroyed. The witness stated they she was sleeping in her apartment when she awoke to the sound of a gunshot, which went through their apartment and damaged their window and several walls.

The witness was worried about getting shot following the incident, stating that she did not know whether the shooter was still outside her apartment.

The prosecution also called the police officer who detained Whitney following the shooting who made an in-court identification of the suspect.

Whitney’s defense attorney, Quiana Harris, argued that there was no evidence of Whitney possessing a gun when he was detained by a Metropolitan Police Department (MPD) officer.

The prosecution additionally called an evidence specialist who reviewed and documented the audio of the incident’s gunshots.

The defense claimed there could be an inaccuracy in the recording audio due to the location of the recording devices, and the possibility of two guns firing at the same time, suggesting the possibility of a second shooter.

As the proceeding concluded, Judge Leibovitz stated to the parties that the jury will likely find proof beyond a reasonable doubt that Whitney fired the bullet and damaged property.

The trial is set to continue Jan. 22.

Delay in Sentencing of Non-Fatal Shooting and Armed Carjacking Defendant

On Jan. 19, DC Superior Court Judge Jason Park accepted the defense’s request to delay the sentencing of a shooting defendant.

Antwann Carter, 25, was originally charged with assault with a dangerous weapon, aggravated assault knowingly while armed, and three counts of possession of a firearm during a crime of violence, with the offenses committed during release, for his involvement in an incident on the 2700 block of 22nd Street, NE, on July 21, 2019.

Metropolitan Police Department (MPD) documents state that Carter attempted forced entry to multiple vehicles, assaulting and shooting individuals who confronted him. Two victims sustained injuries, which were not life-threatening.

On Oct. 25, Carter pled guilty to charges of possession of a firearm during a crime of violence and carjacking, in exchange for a dismissal of all other charges.

Upon Carter’s plea, the prosecution agreed to limit sentencing to five years for possession of a firearm during a crime of violence and seven years for carjacking. During the hearing, defense attorney Johnathan Armstrong requested a delayed sentencing, due to issues of communication with the Bureau of Prisons (BOP).

Both defense and prosecution indicated they understood Carter’s time served while awaiting sentencing would be credited in his plea deal, but BOP indicated to Armstrong that this was not the case.

Prosecution suggested that because Carter accepted the deal believing that his time served would reduce his sentence, the court should appoint a new attorney for Carter on the grounds of Armstrong’s “ineffectiveness.”

Judge Park requested a written status update outlining stances on the matter with BOP from both parties by Feb. 23. Park agreed to appoint a new attorney for Carter if Armstrong misrepresented sentencing information to the defendant.

The case will reconvene for a new, and ostensibly final, sentencing hearing on March 1.

Defense Challenges Video Identification During Preliminary Hearing in Triple Homicide Case

On Jan.18, video evidence and witness testimony was presented before DC Superior Court Judge Robert Okun to assess whether a homicide case can proceed to trial.

Jalonte Nathaniel Thompkins, 32, and Renza Bryant, 37, are charged with first-degree murder while armed for their alleged involvement in the shooting of James Morgan, 34, his brother Jamal Morgan, 30, and 42-year-old Vincent Martin, and two surviving victims. The incident occurred on the 2500 block of Ontario Road, NW on Aug. 5, 2023.

During the preliminary hearing, a detective with the Metropolitan Police Department (MPD) testified about Thompkins and Bryant’s alleged involvements in the shooting. The detective was questioned regarding surveillance footage that allegedly captured the defendants near the crime scene.

The video showed a black male with a heavy build, light colored t-shirt, short hair and black shoes walking toward the 1700 block of Euclid Street, NW, 13 seconds before the shooting. Shortly after, two black males, one wearing shorts and a black-sleeves shirt and the other wearing a black shirt and black pants, were seen walking towards Euclid.

The officer identified both individuals in the footage as Thompkins and Bryant.

Bryant’s defense attorney, Sylvia Smith, argued against identifying Bryant based on the video, emphasizing that no one could definitively say who it was. She highlighted that no eyewitness had described his appearance as the alleged shooter.

The detective mentioned Thompkins running in the video, holding his waistband as if holding a firearm. Smith countered by noting the video showed at least five individuals doing the same, challenging the specificity of the officer’s reports.

The detective reported the discovery of three types of shell casings at the crime scene, including 9mm, 40 caliber, and 45 caliber cartridge casings. He asserted that Thompkins’ DNA was found in several of the gun casings.

The direction of the shell casings at the crime scene showed the suspects’ flight path, which led MPD’s investigation to an apartment building on Ontario Road. A surveillance video from the apartment building revealed that, an individual identified as Bryant, spent about five minutes in the apartment, where, the detective argues, he changed his pants, shirt, and hat before exiting.

According to the detective, MPD conducted various searches in multiple properties connected to the defendants. He claims that at the Ontario Road address where Bryant was allegedly seen, and another undisclosed address, no firearms were recovered. However, at Thompkin’s address, multiple firearms were allegedly recovered. The addresses were confirmed based on mail matter and prescription bottles addressed to the defendants.

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

The preliminary hearing will continue Jan. 26.

Defense Asks Expert Witness About $35,000 Consulting Fee in Murder Trial

On Jan. 18, a defense attorney in a homicide trial before DC Superior Court Judge Marisa Demeo asked an expert witness about his $35,000 consulting fee earned for testifying on behalf of the prosecution.

Vorreze Thomas, 25, and his uncle Delonta Stevenson, 28, are charged with conspiracy, first-degree murder while armed, and two counts of assault with intent to kill, among other charges, for their alleged involvement in the fatal shooting of 32-year-old Terrance Allen. The incident occurred on Jan. 18, 2021, on the 3000 block of Stanton Road, SE, and left two other individuals suffering from gunshot wounds.

All three victims were found inside a vehicle at the scene.

The prosecution called a firearms expert to testify regarding four guns that were collected from the crime scene.

He explained how he examines “random characteristics” that show damage to a fired bullet, such as grooves and scratches, to determine whether the marks are associated with a particular gun. He claimed that the guns found at the crime scene closely matched the bullet evidence collected during the investigation.

During cross-examination, Stevenson’s defense attorney, Elizabeth Weller asked whether there was a precise scientific standard the expert used when determining if a gun and bullet are a match, or if the process was subjective.

He responded there was not a completely scientific process in that it had to do with his subjective examination by looking closely at ballistic evidence and making comparisons.

Weller then stated that in many courts, expert witness testimony like this would “not be allowed” as inconclusive.

Weller then asked the witness if he profited financially from testifying for the prosecution, to which he responded he made $35,000 working on this case.

In a redirect by the prosecution, the witness clarified that he was being paid for his knowledge and expertise in reviewing the guns and ballistic evidence from the crime scene, not to influence his testimony.

He also stated that he was not instructed by the prosecution to testify one way or another, and was not given any information about the case before his investigation.

The prosecution then called a Department of Forensic Sciences (DFS) crime scene investigator who presented pictures she took of a vehicle allegedly used by the defendants, and pictures of guns, bullet fragments, and cartridges she had recovered. The prosecution handed her one of the guns from the crime scene to identify and hold up for the jurors to see, followed by a case of cartridges.

Lastly, the prosecution called up another DFS crime scene investigator. She stated that she had swabbed the cheeks of both defendants for DNA testing. During a cross examination, Weller questioned the witness regarding instances in the past where she had been reprimanded by her supervisors for mishandling or contaminating evidence.

Due to time constraints, the witness was unable to finish her testimony.

Parties are slated to return Jan. 22.