Judge Miffed When Key Witness Again Fails to Appear for a Non-Fatal Shooting Case

At an Oct. 24 status hearing, DC Superior Court Judge Lynn Leibovitz delayed a non-fatal shooting trial for lack of a key witness. However, she made it clear she was unhappy with the situation.

“When you walk out of this court, you get subpoenas in your detective’s hands and you don’t wait until the day of the trial to say you don’t know where your witnesses are,” Judge Leibovitz said to prosecutors.

The defendant, 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, along with 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 Oct. 18, prosecutors told Judge Leibovitz they were having trouble bringing a witness to court due to his incarceration outside the District in an unrelated matter.

Then on Oct. 24, when asked by Judge Leibovitz to explain the problem, prosecutors said the witness had a bond hearing but is still incarcerated.

Camille Wagner, Stewart’s defense attorney, filed another motion to dismiss the case as a result of the prosecution’s failure once again to bring the witness to court.

Judge Leibovitz denied the defense’s request.

Parties are expected back for a trial readiness hearing on Nov. 21.

Judge Finds Murder Defendant Incompetent to Represent Himself at Trial

On Oct. 24, DC Superior Court Judge Robert Okun found a homicide defendant incompetent to represent himself in trial based on a lengthy report from the Department of Behavioral Health (DBH).

Marcus Barringer, 32, is charged with first-degree murder premeditated while armed, assault with a dangerous weapon, possession of a firearm during a crime of violence, and obstruction of justice, among other charges, for his alleged involvement in the death of 32-year-old Rashad Davis on the 2300 block of Nicholson Street, SE, on May 6, 2022.

Based on the DBH’s report Judge Okun ruled that Barringer’s current attorney, Lisbeth Sapirstein, will represent him. However, she said her client objected to the ruling.

Judge Okun also ruled that Barringer undergo another competency evaluation to determine his competency to stand trial.

Sapirstein informed Judge Okun that Barringer wanted to be placed at St. Elizabeths Hospital for psychiatric treatment, rather than stay at the jail.

She argued he has been compliant with the care he is receiving at the DC Jail, but it has not been effective. She said professionals at St. Elizabeth’s hospital would likely provide Barringer with more adequate treatment.

The prosecution opposed this request, stating that the DBH report said all of the treatment Barringer needs is available at the jail.

Judge Okun granted Barringer’s request, and stated that he will receive treatment at St. Elizabeth’s Hospital for an extended period of time.

In response to the decision, a member of Davis’ family responded by saying “Really? No!”, and walked out of the courtroom.

Parties are expected back on Dec. 13.

Document: Woman Arrested in July Homicide

The Metropolitan Police Department’s (MPD) Homicide Branch arrested a woman in connection to a homicide that occurred on July 30 on the 100 block of Farragut Street, NW.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a man suffering from gunshot wounds. He was transported to a local hospital, where despite all life-saving efforts, the victim succumbed to his injuries.

The victim was identified as 46-year-old Donald B. Childs.

On Oct. 24, 29-year-old Iesha Marks was arrested and charged with first-degree murder while armed (premeditated).

Document: Suspects Sought in a Southeast Shooting

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating suspects in connection to a shooting that occurred on Oct. 22 on the 2400 block of Elvans Road, SE.

According to MPD documents, officers responded to the location for the sounds of gunshots. They did not locate any victims. A short time later, an adult female was located at an area hospital receiving treatment for non-life-threatening injuries.

The suspects were captured by surveillance footage and can be seen below.

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

Document: Teen Arrested for a Shooting in Northwest

The Metropolitan Police Department (MPD) announced that a juvenile male was arrested and charged in connection to a shooting that occurred on June 2 on the 1200 block of North Capitol Street, NW.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a juvenile male victim suffering from gunshot wounds. He was transported to a local hospital for treatment.

MPD’s investigation determined a large fight occurred which involved the suspect and the victim. The victim fled from the fight and the suspect chased after him. Video footage captured the suspect pointing and firing the gun at the victim, who was struck by gunfire.

On Oct. 23, MPD arrested a 15-year-old juvenile male and charged him with assault with intent to kill – gun, for his alleged involvement in the incident.

Homicide Defendant Pleads Not Guilty During Arraignment

On Oct. 20, a homicide defendant pleaded not guilty to all charges during an arraignment in front of DC Superior Court Judge Anthony Epstein.

Tyriq Williams, 32, is charged with premeditated first-degree murder while armed, and possession of a firearm during a crime of violence for his alleged involvement in the murder of 20-year-old Terry Clark on Jan. 7, on the 1200 block of Half Street, SE.

Williams’ defense attorney, Kevin Mosley, alerted the court that Williams was pleading not guilty to all charges and asserted his constitutional rights, emphasizing the right to a speedy trial.

Mosley also requested an amendment to Williams’ release conditions in light of a trial date not set until 2025, and argued that Williams has no previous criminal history.

Judge Epstein denied the defense’s request and ordered that Williams remain detained.

Parties are expected to return to court on July 26, for a hearing on access to evidence favorable to the defense.

Murder Defendant Subject to Negotiations with El Salvador

On Oct. 20, homicide defendant Marvin Lopez in a trial readiness hearing DC Superior Court Judge Michael O’Keefe addressed rejected plea offers and pending motions.

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

According to prosecutors, the two had been involved in a romantic relationship that had been ended by Arroyo approximately two weeks before the murder.

According to court documents, after the shooting, Lopez fled to El Salvador and remained a fugitive until he was extradited in early 2023.

Negotiations have been underway between the U.S. and El Salvador to extradite Lopez, including an agreement not to impose the death penalty, which is not an option in the District.

Salvadoran officials requested that he receive 20-to-30 years for the murder, matching the sentencing guidelines there. However, Judge O’Keefe expressed he is not obligated to follow the request.

During the hearing, the prosecution alleged Lopez had stolen Arroyo’s car keys and phone shortly before she was killed. They also said he allegedly sent threatening messages to the victim, such as “If you break up with me, I will kill you,” along with posting photos of bullets on his Facebook page.

According to Arroyo’s roommate, she had allegedly hidden Lopez’s gun in order to protect herself.

The prosecution had offered Lopez two separate plea deals, each of which he rejected. The first required he plead guilty to second-degree murder in exchange for a dismissal of all other charges, with an agreed sentencing of 12-to-24 years. They then offered a deal requiring him to plead guilty to second-degree murder in exchange for a dismissal of all other charges, with a maximum sentence of 20 years incarceration, which was also rejected by Lopez.

Defense attorneys Rachel McCoy and Justin Okezie had previously filed multiple motions to suppress evidence, which were addressed in court.

According to defense attorneys, during the investigation, police asked one of the witnesses to identify Lopez, but did not show the witness a picture lineup and instead only asked them to “confirm” Lopez’s identity by showing a single picture of the defendant.

The defendant and the witness had previously worked together at a restaurant, but the defense argued the witness did not know Lopez well enough to identify him based on one photograph. The defense also wanted to suppress a portion of the allegedly threatening messages sent to the victim, claiming that presenting each individual threat as evidence is unnecessary.

Another motion was filed to prevent the testimony of a domestic violence expert, with attorneys claiming it is irrelevant to whether or not Lopez was the one who killed Arroyo. The prosecution argued that the expert was essential to understanding the victim’s mindset and why she continued to stay in the relationship.

Due to time constraints, Judge O’Keefe was unable to decide on the motions, and will make a ruling in the upcoming days.

Lopez’s trial is set to start Oct. 30.

Acquitted: Judge Rules on Motions in Homicide Case

Editor’s note: On May 30, 2024 a jury acquitted Devonte Brothers of all charges connected to the homicide of Deron Leake. Brothers is still being held on homicide charges in another case.

On Oct. 20, DC Superior Court Judge Anthony Epstein addressed several motions submitted by counsel and delivered his rulings in a homicide case.

Davonte Brothers, 29, is charged with first-degree murder while armed and possession of a firearm during a crime of violence, among other charges, for his alleged involvement in the murder of 27-year-old Deron Leake on Oct. 17, 2019, on the 4200 block of 6th Street, SE. The incident also left one individual suffering from non-life threatening injuries.

Judge Epstein denied a motion submitted by the defense to suppress any in-court identifications of the defendant as the suspect during trial. Judge Epstein ordered that he will be allowing in court-identification at trial without further explanation.

The prosecution submitted a motion asking the court to exclude certain evidence that would be used as a self-defense argument for Brothers. Judge Epstein denied this motion with prejudice, meaning that prosecutors cannot file a future motion seeking to exclude the self-defense argument. Judge Epstein stated if the defense makes an argument for self-defense during the trial, he can instruct the jury to disregard their argument if there is no grounds for self-defense.

Defense counsel, Dominique Winters, submitted a motion to bifurcate elements involving prior convictions, meaning to divide the case into two separate elements. Judge Epstein denied this motion and asked both parties to find a stipulation agreeing about previous convictions.

The prosecution requested a modification to the stay away order in place to include law clerks and interns for the defense counsel. They requested that Brothers should not be allowed to access unredacted information that would allow him to identify people by names and faces, due to significant safety concerns.The prosecution also stated that they do not want law clerks or interns to have access to unredacted materials because they are concerned about sharing them with Brothers.

Winters responded by stating that there are no prior claims of her clerks or interns doing anything wrong or violating rules when viewing this information. She also stated that the entire defense team, including Brothers and her clerks and interns, already know who the witnesses are.

Judge Epstein denied this request from the prosecution and ordered that the clerks and interns be allowed to have access to the unredacted material, but are not allowed to share that information with Brothers.

The prosecution emphasized to the court that they “strongly oppose” Brothers being shown unredacted material due to strong safety concerns.

Winters responded by saying that the prosecution already agreed to allow for unredacted material to be shown to Brothers in the grand jury stipulation. She stated that the stipulation asserts that “once both parties agree they are ready for trial, the defense will get unredacted material to confer with their client on, because there is a constitutional right to that.”

Judge Epstein stated that he does not find significant evidence to modify the protective order, he only orders that the defense is not allowed to leave any materials at the jail.

Additional motions will be discussed at a continued trial readiness hearing.

Parties are set to return on Oct. 27.

Judge Finds Probable Cause in Non-Fatal Shooting Case

On Oct. 23, DC Superior Court Judge Marisa Demeo found probable cause in a preliminary hearing for a non-fatal shooting case.

Jonathan Young, 33, 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 incident that occurred on July 24, on the 4600 block of Benning Road, SE. The incident left two individuals suffering from non-life-threatening injuries.

In a previous hearing, Judge Rainey Brandt found probable cause that Young’s co-defendant, Daquawn Lubin, 27, was the other shooter.

The prosecution called a detective from the Metropolitan Police Department (MPD) to testify regarding his involvement in the case.

The MPD detective identified Young as the suspect in court. He testified that during the arrest and search of Young’s residence, Young kicked out a window to discard a bag the MPD recovered and allegedly discovered there was a nine millimeter handgun inside.

Surveillance footage presented by the prosecution displayed footage of two individuals entering an apartment at the location where the shooting took place. A second video was presented showing the incident where two individuals in black hoodies crouch down between two cars, lie in wait for the victims, and begin shooting at the victims.

The MPD detective identified Young as one of the shooters by his clothing, specifically gray sweatpants, white socks, and black shoes. The MPD detective stated that the clothing, in addition to the way it was worn by the defendant, matches one of the individuals entering an apartment at the location of the incident earlier in the day. This suspect is identified as Young, as his face is allegedly visible in the video footage.

Young’s defense attorney, Chris Langello, wanted to call one of the victims to testify as he asserted that the victim would testify one of the shooters was not Young.

Judge Demeo denied the request citing two different case laws, Edwards vs. United States and Tyler vs. United States. She stated that the only way for a victim to be able to be called as a witness for the defense, is if the defense argued exactly how their testimony would negate a probable cause or substantial probability finding.

Judge Demeo asserted that the defense’s proffer was not specific enough, and it was pure speculation that the victim would identify someone else as the shooter when they have already been interviewed twice by police and have not yet done so. Based on all these factors, Judge Demeo denied the defense’s request.

Langello argued that probable cause cannot be found because there is no physical evidence against Young, such as DNA, fingerprints, or eyewitnesses, and there is no real motive for the shooting.

Judge Demeo responded by stating there was a confrontation that happened prior to the incident, in which Young and another individual were thrown out of an apartment earlier that evening, which is enough motive for the crime.

She added that the clothing and the way it was worn was distinctive and is the same as Young’s. Demeo also stated “all evidence is pointing towards Young coming back with a firearm and shooting at someone,” and found probable cause.

The prosecution requested Young be held because there is a presumption of danger to the community due to the nature of the charge and previous criminal history. The prosecution stated that the shooters fired 40 rounds in 16 seconds and the shooting was “cold-hearted.”

The defense requested Young be released due to his family support and employment. Langello stated that “Young has no previous criminal history of shooting individuals in cold blood,” He also acknowledged that the co-defendant has been released and therefore he requests the same be given to Young.

Judge Demeo stated she’s unaware of the co-defendant’s situation and therefore cannot comment on that matter. She stated that there is a presumption of danger with her probable cause finding and that the alleged incident as well as prior convictions are “extremely serious crimes”. Additionally, Young was on supervised release for an unrelated matter, at the time of this incident.

In consideration of these matters, Judge Demeo ordered Young be held as she states “he would be an extreme risk of danger to the community and of not returning to court.”

A status hearing is scheduled for Nov. 27.

Convicted Murderers Sentenced to More Than 30 Years for Death of 10-Year-Old Girl

On Oct. 20, DC Superior Court Judge Robert Okun sentenced four of six defendants to more than 30 years incarceration for their involvement in the mass shooting that killed a 10-year-old girl in 2018.

On June 13, 28-year-old Gregory Taylor, 25-year-old Qujuan Thomas, and 24-year-old Darrise Jeffers were convicted of first-degree murder while armed, conspiracy, four counts of assault with intent to kill, aggravated assault while armed, six counts of possession of a firearm during a crime of violence, and six counts of criminal gang affiliation, for their involvement in the murder of 10-year-old Makiyah Wilson on July 16, 2018, at the 300 block of 53rd Street, NE. The incident left four other individuals suffering from extensive gunshot injuries.

Another defendant, 26-year-old Quentin Michals was convicted of all charges, except the six counts of possession of a firearm.

According to prosecutors, the defendants belong to what’s known as the Wellington Park Crew, which they argue is a criminal street gang and are responsible for crimes throughout the District.

Several members of Makiyah’s family delivered impact statements. Her mother described her as “an angel on earth,” and said Makiyah would brighten up any room she walked into. She deemed July 16 “the worst day of [her] life,” stating that the defendants ruined her life.

“I want them to know what they took away,” she said, arguing that she will never be the same. She told Judge Okun, “You could give them a million years, it won’t bring Makiyah back”.

In a letter read by prosecutors, Makiyah’s father stated the family is experiencing “everlasting sorrow, pain, and trauma,” and “losing Makiyah was losing a light in [his] life”.

Likewise, Makiyah’s grandmother said, “These young men are out here killing and hurting people in honor of Shy Glizzy,” who prosecutors argue is the individual leading the Wellington Park Crew in gang-related activities.

“My baby is gone… for what?” she insisted. “What you took from me can never be replaced,” she said.

Many of the individuals who delivered statements emphasized the defendants’ upbeat mood and lack of remorse during the months-long trials, saying, “We watched you laugh”.

One of the individuals, who identified herself as “Makiyah’s honorary aunt,” stated, “Today we get justice, today y’all’s a***s get sentenced,” insisting it’s been a long time coming.

Following the family’s victim impact statements, prosecutors made requests for each defendant’s sentence.

Prosecutors said Jeffers was not a shooter, but was the individual that provided the assault rifle that killed Makiyah, obliterating her torso. Due to his involvement in the planning and his involvement in bringing the deadly weapon to his co-conspirators, prosecutors requested Judge Okun impose consecutive sentences for the murder and conspiracy charges, with all other counts running concurrently. They requested 60 months for the conspiracy and 400 months for the murder, totaling a little over 38 years.

“Had he not brought the assault rifle, Makiyah may as well be alive,” prosecutors insisted. They stated that Jeffers had opportunities to better himself and had a mentor who wanted him to succeed, but still pledged allegiance to the group that killed and hurt others, and bought, sold, and armored guns for the group. They requested the 38 year sentence to “ensure he never does this again”.

For Taylor’s sentencing, prosecutors requested the four counts of assault with intent to kill, the conspiracy, and the murder sentences run consecutively and everything else concurrently stating that he has previous criminal history which should be taken into consideration, and he played a significant role in all of the events for the conspiracy and in Makiyah’s killing. Because of that, they requested he be sentenced to a total of 82.5 years, with 72 months for the conspiracy, 480 months for the murder, 132 months for one of the assaults with intent to kill, and 102 months for each of the other three assaults with intent to kill.

Prosecutors noted that their request would mean a life sentence for Taylor, and stated the US Attorney’s Office does not make that request lightly, stating that “several lives were changed forever in Clay Terrace, and had it not been that neighborhood, it would’ve been another community”. They also stated that Taylor had several chances to choose another path in his life, arguing that his mother had done everything in her power to get him to change direction.

“He chose the streets and beefs and senseless violence,” prosecutors said, claiming that he encouraged others to be a part of it and celebrated when they were involved in shootings. “That crew robbed [the Clay Terrace community] of the sense of safety,” they insisted, arguing Taylor played a big role in the crew’s leadership.

Likewise, for Michals, prosecutors requested Judge Okun impose consecutive sentences for the assaults with intent to kill, the conspiracy, and the murder, stating that, although he was not one of the shooters because he was experiencing a gunshot injury, he played an integral part in the conspiracy. Prosecutors also argued that the crew’s beef specifically stemmed from Michals’ personal issues with individuals from other neighborhoods. Unlike the others charged, they stated Michals didn’t have the same opportunities to change, and had become more entrenched in gang warfare.

Prosecutors requested Judge Okun impose a sentence of 72 months for the conspiracy charge, 400 months for the murder, 120 months for one of the assaults with intent to kill, and 90 months for each of the other three assaults with intent to kill, with all other charges running concurrently, totaling just under 72 years.

Similarly, prosecutors requested Thomas be given a sentence that required him to serve the assaults with intent to kill, murder, and conspiracy charges consecutively, with all other charges running concurrently. They argued he played a significant role as a shooter, and had “plenty of second chances,” following many run-ins with law enforcement. He was previously convicted of an armed robbery, for which he was on release during the time of the murder.

They requested Thomas be sentenced to 60 months for conspiracy, 480 months for the murder, 132 months for one assault, and 114 months for each of the three other assaults, arguing that, on the day of the murder, he was meeting with his probation officer while alerting his co-conspirators that he was in possession of a 100 round drum for his AR pistol, which was used during the mass shooting. Prosecutors stated their request for 84.5 years incarceration was not made lightly, but took into account his lack of compliance and his refusal to improve.

Defense attorneys for all defendants requested lighter sentences that run concurrent to one another, arguing that any consecutive sentence would likely result in a life sentence for their clients. “How much punishment is enough… what are we trying to accomplish?” asked Taylor’s, Michals’, and Thomas’ defense attorneys, arguing that life sentences won’t help.

Joseph Caleb, Jeffers’ defense attorney stated that sentences that run concurrently at the bottom of the guidelines would be justified and supported by the evidence of Jeffers’ involvement at the trial. He claimed that Jeffers was not the one to provide the assault rifle, but rather gave a ride to the individual that provided it for the rest of the group. According to Caleb, everything prosecutors brought against Jeffers are “allegations” at best.

Jonathan Zucker, Taylor’s defense attorney, requested Judge Okun sentence him and allow him to serve the time with the hope of the opportunity that as an elder he will get out of prison and can see his children in their 40s.

Errin Scialpi, Michals’ defense attorney, requested a total of 30 years, stating that Michals had experienced violence personally, having been shot twice and almost dying in one of the incidents. She claimed that Michals sustained trauma for which he had not been treated nor ever recovered.

Likewise, Julie Swaney, Thomas’ defense attorney, stated that Clay Terrace, where Makiyah’s murder occurred, was not the only community affected by the incident, arguing that the Wellington Park community had lost these six defendants to incarceration. “A life sentence is a severe and excessive punishment,” she said, refuting the prosecutor’s request.

“We are all much more than the worst thing we’ve ever done,” said Swaney, stating that Thomas was leaving behind a six-year-old daughter who would be unable to grow up with a father. “Three decades is enough to serve justice,” she insisted.

There were no statements made by any of the defendants.

Before imposing the sentences, Judge Okun expressed his sorrow for the loss and pain Makiyah’s family and surviving victims suffered.

He said District law requires that if there are multiple crimes of violence for which an individual needs to be sentenced, at least one sentence must run consecutive to another. However, there is an exception if a judge believes the lengths of the sentences would be manifestly unjust.

He stated that Thomas and Taylor would serve consecutive sentences for the murder and assaults with intent to kill due to the seriousness of the crime and because it was proven that they were two of the four shooters. “Concurrent sentences would minimize the pain and suffering experienced by the victims and their families,” he said. All other charges, including the conspiracy charge, will be served concurrently.

As for Michals and Jeffers, because they were not shooters, he believed that imposing all consecutive sentences would be excessive, but that the conspiracy charge would run consecutively to the murder charge due to the facts of the case.

“I recognize these sentences are very long,” Judge Okun said, arguing that the nature of the crimes made the sentences justifiable and warranted.

Judge Okun sentenced Jeffers to 60 months for the conspiracy charge, and 360 months for the murder charge, which he will be required to serve consecutively, but concurrent to all other charges, totaling 35 years incarceration. He was sentenced to 60 months for each of the possession charges,12 months for each of the gang affiliation charges, 90 months for each of the assaults with intent to kill, and 60 months for aggravated assault, which will run concurrently. He’s also required to serve 5 years of supervised release, register as a gun offender, and pay a total of $1900 to the Victims of Violent Crime Fund (VVCF).

Michals was sentenced to 60 months for the conspiracy and 420 months for the murder, which will run consecutively to one another. He was also sentenced to 12 months for each of the six gang affiliation charges, 90 months for each of the four assaults with intent to kill, and 60 months for the aggravated assault charge, which will run concurrent to one another and to the conspiracy and murder sentences, totaling 40 years of incarceration. He’s also required to serve 5 years of supervised release, register as a gun offender, and pay a total of $1300 to the compensation fund.

Moreover, Judge Okun sentenced Taylor to 420 months for the murder and 90 months for each of the four assaults with intent to kill, which will run consecutive to one another, totaling 65 years of incarceration. He was also sentenced to 60 months for the conspiracy, 60 months for each of the possession charges, 60 months for the aggravated assault, and 12 months for each of the criminal gang affiliation charges, which will run concurrent to all charges. He’s also required to serve 5 years of supervised release, register as a gun offender, and pay a total of $1900 as compensation.

As Judge Okun imposed the sentence, Taylor was observed silently mouthing “f**k you” to Makiyah’s family, that was sitting in the courtroom. Later, Taylor’s family members denied that happened.

Lastly, Thomas was sentenced to the longest time due to his criminal history. He’s required to serve 360 months for the murder and 114 months for each of the assaults with intent to kill charges, which will run consecutively to one another, totaling 68 years of incarceration. He was also sentenced to 60 months for the conspiracy, 60 months for each of the six possession charges, 72 months for the aggravated assault, and 14 months for each of the gang affiliation charges, which will run concurrently to all charges. He’s also required to serve 5 years of supervised release, register as a gun offender, and pay a total of $1900 to the crime fund.

As each defendant was escorted out of the courtroom, Judge Okun wished them luck.

Two other co-defendants, 24-year-old Isaiah Murchison and 21-year-old Marquell Cobbs, were previously sentenced on Oct. 6 for their involvement in the incident. Cobbs was acquitted of all charges, except conspiracy, and was sentenced to 6 years of incarceration. Murchison was convicted of all charges, and was sentenced to 60 years incarceration.

All defendants will get credit for time served.

Defendant Waives Right to Preliminary Hearing and is Released

On Oct. 23, a non-fatal shooting defendant waived her right to a preliminary hearing.

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.

The Public Defenders Services (PDS) withdrew from the case due to Curry’s retaining attorney, Johnathan Love.

With the waiver, Curry gave up her right to cross-examine the prosecution’s witnesses and hear the evidence against her.

Love asked the court to release Curry under supervision. He argued she has no criminal history and is not a danger to the community. The prosecution argued the crime is serious and the alleged victim is “terrified.”

DC Superior Court Judge Renee Raymond, released Curry on GPS monitoring, stating she has a stable support system and she does not see her as a danger to the community.

Judge Raymond ordered Curry to stay away from the complainant and the 900 block of Sycamore Drive, SE. The stay away includes no contact with the complainant in person and online.

A felony status conference is scheduled for Dec 1.

Judge Vacates Homicide Defendant’s Sentence

On Oct. 23, DC Superior Court Judge Robert Okun vacated a homicide defendant’s sentence following the Federal Bureau of Prisons (BoP) deeming it unlawful.

Rasheed Young, 45, was originally charged with first-degree murder while armed for his involvement in the fatal shooting of 26-year-old Cedric Rogers on June 11, 1996, on the 300 block of Franklin Street, NE.

Young was also charged with second-degree murder while armed for his involvement in the fatal shooting of 39-year-old Ronald Richardson on May 20, 2018, on the 2300 block of 4th Street, NE.

According to documents from the Metropolitan Police Department (MPD), “Young has numerous prior arrests” connected to various violent crimes.

On Oct. 10, 2022, Young accepted a plea offer extended by prosecutors that required him to plead guilty to two counts of second-degree murder, in exchange for not indicting the cases, with an agreed sentence of six to nine years incarceration for both cases.

On Oct. 28, 2022, Judge Okun sentenced Young to nine years for each count, with the sentences running concurrently.

According to Judge Okun, in November 2022, the BoP deemed his sentence unlawful, stating that the sentence did not go within the lawful sentencing guidelines for the charge.

Kevin Mosley, Young’s defense attorney, requested Young be transferred back to the DC Jail from Northern Neck, VA, stating he needs to be closer to his client to be able to figure out what the next steps should be.

Prosecutors did not oppose the request, stating it may be easier for Young to be in the area to move the matter faster.

In response to the motion, Judge Okun vacated the sentence he had imposed in 2022, and scheduled a sentencing hearing for Nov. 28, where parties will discuss a new plea agreement or a new sentence.

Non-Fatal Shooting Defendant Waives Preliminary Hearing

On Oct. 23, DC Superior Court Judge Renee Raymond accepted a defendant’s waiver of his right to a preliminary hearing for his alleged involvement in a non-fatal shooting case.

Tyrone Taylor, 37, is charged with assault with intent to kill and carrying a pistol without a license for his alleged involvement in a non-fatal shooting on July 22 on the 500 block of Oklahoma Avenue, NE. The incident left one individual suffering from gunshot injuries.

Taylor forfeited his right to cross-examine the prosecutor’s witnesses and hear the evidence against him by waiving his preliminary hearing.

His defense attorney, Carrie Weletz, asked the judge to release Taylor under supervision. The prosecutor argued against this and asked for him to remain being held, arguing that he remains a danger to the community.

Judge Raymond ruled in favor of the prosecution for the reason that the presumption of detention was not being rebutted by the defense.

A plea offer is being worked on and sent to the defense for review.

The parties will reconvene Nov. 9 for a felony status hearing.

Case Acquitted: Homicide Defendant Sentenced to 24 Months For Illegal Carry of a Pistol

Green was acquitted of the murder charge on Aug. 24, 2023.

On Oct. 20, DC Superior Court Judge Marisa Demeo sentenced a homicide defendant to 24 months in connection to a 2020 shooting.

Tamika Green, 37, was acquitted of second-degree murder and possession of a firearm during a crime of violence for the death of 37-year-old Bryan Tate Jr. on Feb. 20, 2020 in an apartment on the 1600 block of 18th Street, SE. However, Green was found guilty of carrying a pistol without a license.

The prosecution requested the higher end of the sentencing guidelines, which would have the court enact a harsher penalty than what is typically recommended. According to the DC Sentencing Commission’s 2019 annual report,” “[T]he median sentence for Carrying a Pistol without a License was 10 months and probation was imposed in more than half the sentences.” However, almost all felons convicted on gun crimes did jail time, according to the report.

Prosecutors argued Green’s possession of a firearm resulted in the loss of someone’s life stating, “There are five children who are now going to grow up without their father.”

Green’s defense attorneys, Kevann Gardner and Hannah Claudio, countered saying this was the first time Green had been convicted of a crime.

Gardner said, “Probation is the only appropriate sentence in this case,” stating that Green has been detained since her arrest on Sept. 10, 2021.

Green declined to address the court.

Prior to sentencing, Judge Demeo acknowledged she was considering Green’s previous arrests and pending charges of simple assault and attempted possession of a prohibited weapon in an unrelated matter.

Judge Demeo sentenced Green to 24 months, with credit for time served while she remains in custody.

In addition, Green must serve three years on supervised release, register as a gun offender, and pay $100 to the Victims of Violent Crime Fund.

Judge Demeo recommended Green receive mental health and substance abuse treatment as well as grief and anger management counseling.

Document: Man Dies After Shooting in Northwest

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Oct. 21, at the 900 block of U Street, NW.

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 was identified as 24-year-old Diamonte Lewis.

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.

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