Homicide Defendant’s Release Conditions Modified

On Jan. 12, a homicide defendant’s release conditions were modified by DC Superior Court Judge Anthony Epstein.

Jason Lewis, 42, is charged with second-degree murder while armed, three counts of possession of a firearm during a crime of violence, and two counts of assault with a dangerous weapon, for his alleged involvement in the fatal shooting of Karon Blake, 13, on Jan. 7, 2023 on the 1000 block of Quincy Street, NE.

In a hearing on Jan. 12, Lewis’s defense attorney, Edward Ungvarsky, asked Judge Epstein for a continuance in order to allow him time to properly investigate who was the initial aggressor in the incident. The defense attorney intends to hire several expert witnesses to consult regarding evidence in the case and to call as witnesses.

The defense alerted the court they plan to assert their rights to test DNA evidence that could potentially be found on a screwdriver, flashlight, and two automobiles recovered from the crime scene.

Judge Epstein granted the continuance and set a new trial date for Aug. 5, 2024

Ungvarsky requested Lewis’ release conditions be amended, citing his full compliance for a year. Judge Epstein granted the request, removing the home confinement requirement, and setting a curfew of 10 p.m. to 6 a.m. with a GPS monitoring device.

Parties are slated to return July 26.

2016 Homicide Defendant Pleads Guilty to Voluntary Manslaughter

On Jan. 12, a 2016 homicide defendant accepted a plea deal before DC Superior Court Judge Michael O’Keefe.

Master Matthew Thomas, 37, was originally charged with felony murder while armed and possession of a firearm during a crime of violence for his involvement in the shooting 59-year-old Chijioke Agbakahion on the 5100 block of Georgia Avenue, NW on Aug. 5, 2016. Thomas is also charged with first and second-degree murder in Prince George’s County, MD.

During the hearing, the prosecution explained that they offered a plea deal to Thomas that would require he plead guilty to voluntary manslaughter, in exchange for a dismissal of all other charges, for this case only.

The prosecution explained that this case is unique due to a variety of factors. They explained there are weaknesses in their prosecution against Thomas if it were to go to trial, including a crucial witness who is deceased. Additionally, they explained that there have been scientific issues with their firearms evidence, and that overall they do not believe they have much of a case against Thomas.

Thomas’ defense attorney, Sellano Simmons, informed the court that Thomas would be accepting this plea deal.

Judge O’Keefe then informed Thomas about what plea deal means and ensured that Thomas wanted to proceed with it. Thomas accepted the plea.

Parties are expected to reconvene on March 22 for sentencing.

Surviving Victim Testifies in Homicide Trial

On Jan. 11, a surviving victim testified regarding the shooting that took his best friend’s life before a jury in DC Superior Court Judge Marisa Demeo’s courtroom.

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 of a vehicle at the scene.

The victim, who stated all he wanted to do was tell his side of the story, became visibly frustrated when prosecutors questioned him about his personal criminal cases. According to the prosecutors, he has a pending case for driving under the influence in North Carolina, and was put on a GPS monitor by the state to ensure he showed up to testify at this trial.

“You worry about what the f**k I’m doing,” the witness said, adding “he [the prosecutor] thinks it’s a f*****g game or something.” The prosecution mentioned his pending case to ensure the jury knows they are not assisting him with any of his cases, and his testimony is purely for him to explain what happened on the day of the incident.

According to the witness, Allen was his childhood best friend, and they spent a lot of time together growing up. Once they got older and both became “working men,” they only saw one another when they could.

The witness testified that, on the day of the incident, he and Allen “were supposed to get a tire.” According to Allen’s friend, when he got into Allen’s white Ford, “he had a lil youngin’ with him,” referring to the other surviving victim.

The witness insisted he didn’t know the other victim that day, and he “still don’t know his name or nothing.”

He explained that when Allen and the other individual picked him up, they drove to the other victim’s mom’s house, who lived at the apartments “we got shot at.” Allen and the two individuals drove the mother to a grocery store down the street, and dropped her back off at Stanton Glenn Apartments.

As they were leaving the complex, the witness said, he got in the passenger seat, Allen in the driver’s seat, and “lil youngin” in the back seat. “If it wasn’t for the lil youngin, Terrance would still be here,” he claimed, adding that “motherf*****g sh*t started hitting the car,” referencing the bullets. He stated he didn’t see where the shots were coming from, but was shot three times on his shoulder as he was ducked in the vehicle.

When prosecutors asked how many shots were fired, the witness, clearly frustrated, stated he didn’t know, but there were definitely a few shots, adding “you’ve seen the car”.

According to the witness, he still has bullet fragments in his shoulder from the incident. Prosecutors displayed images of the witness at the hospital, one portraying his shoulder injuries with a bloody bandage.

When discussing who sustained injuries in the vehicle, the witness stated “I was right there beside [Allen]… if it wasn’t for the lil youngin in the car, he’d still be here”. All three individuals were shot, he added, saying he tried to help his best friend before Emergency Medical Services (EMS) arrived.

He added that neither he or Allen had any beefs with anyone, and he was upset that a Special Police Officer (SPO) at the scene had put him in handcuffs before officers from the Metropolitan Police Department (MPD) showed up.

Prosecutors also called up a MPD officer who responded to the scene.

According to the officer, he arrived at the scene with two other officers who he was training, and assisted with preserving the life of the victims, the scene, and evidence.

When asked to describe the scene, the officer stated it was a “chaotic, busy, active scene,” adding that there were several people from the complex watching it all unfold.

Prosecutors displayed the officer’s body-worn camera, which depicts him and his trainees arriving at the scene. In the footage, the two surviving victims can be seen in handcuffs, one against the hood of the white Ford, and the other on the curb. Allen’s body can be seen lying next to the vehicle.

The officer stated that Allen was not showing signs of life, and was suffering from gunshot wounds, adding that the attempts to preserve his life were unsuccessful, and he died at the scene.

One of the surviving victims, he said, was arrested and charged for carrying a pistol without a license, after MPD recovered a firearm from the vehicle.

Parties are slated to return Jan. 16.

Jury Convicts Murder Defendant

On Jan. 11, following a weeks-long trial and deliberation, a jury delivered a verdict for a homicide case in front of DC Superior Court Judge Robert Okun.

Mussye Rezene, 31, was convicted of first-degree premeditated murder while armed for his involvement in the death of 17-year-old Brayan Villatoro on Sept. 18, 2021, on the 1300 block of Nicholson Street, NW. Rezene was acquitted of possession of a firearm during a crime of violence and unlawful possession of a firearm by a prior convict.

Throughout the trial, prosecutors argued that Rezene lured Villatoro to his death by setting him up a in a drug deal.

According to the prosecutors, Rezene used a burner phone to contact Villatoro in the weeks leading up to his death, and immediately stopped using the phone the night of the shooting.

The evidence included conversations between the two where they discussed drugs, guns and meet ups; Rezene’s social media, and cell site data all put Rezene in the surrounding area of the homicide at the time of the shooting. Prosecutors insist the evidence proved his intent to kill, premeditation, deliberation, and willingness to ensure Villatoro’s death.

Prosecutors insisted that, on the night of the murder, Rezene and his close friend and co-defendant in another homicide matter posted images on Instagram bragging about the killing, with both individuals including songs on their stories.

One was titled Murder, and the other had the words “rest in peace to all the opps, f**k them”. In Rezene’s post, which was displayed to the jury, the defendant added “you’re better off fu***n round wit Aids and cancer”.

Throughout the jury’s deliberations, parties received multiple notes stating they were deadlocked, and couldn’t unanimously agree on verdicts for each charge. Judge Okun instructed the jury to continue deliberating and attempt to reach consensus.

Rezene was ultimately convicted of the murder, and acquitted of all other charges.

Parties are slated to return for sentencing March 22.

2014 Homicide Defendant’s Charge Reduced to Second-Degree Murder While Armed

On Jan. 11, DC Superior Court Judge Maribeth Raffinan granted a joint motion to accuse a homicide defendant of a lesser charge, and impose a lesser sentence.

In 2017, a jury found Johnathan Taylor, 33 guilty of first-degree murder while armed for the death of 25-year-old Dexter Motley on the unit block of 46th Place, NE on Aug. 14, 2014. Taylor was also found guilty of possessing a firearm during a crime of violence, assault with the intent to kill while armed, unlawful possession of a firearm and obstruction of violence. Taylor was sentenced to 40 years in prison in 2017.

At the Jan. 11 hearing, the prosecution and Taylor’s defense attorney, Andrew Ain, discussed a joint motion filed from both parties.

The motion requested Judge Raffinan to dismiss the first-degree murder while armed charge that Taylor was originally charged with, and change it to second-degree murder while armed. By granting this motion, Taylor’s sentence would therefore be reduced.

The reasoning for an agreement is a stipulated disposition of the defendant’s direct appeal. In sum, this means that both parties have agreed to the factual nature of this case weighing in favor of lessening Taylor’s charge and sentence, therefore saving the time and expense of further investigation.

Judge Raffinan granted the motion by both parties, therefore reducing Taylor’s first-degree murder while armed charge to second-degree murder while armed, and therefore eventually shortening his sentence.

Parties are expected to reconvene on March 15.

Final Arguments Heard in a Homicide Defendant’s Motion for Dismissal

On Jan.11, arguments in a motion hearing for the dismissal of a homicide case were heard by DC Superior Court Judge Maribeth Raffinan.

Terrance Barnes, 34, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the death of 57-year-old Barry Holmes, on April 17, 2019. The incident occurred on the 5100 block of Southern Avenue, SE.

The motion to dismiss the case is based on the defense’s assertion the prosecution failed to preserve evidence.

According to the written filing by Barnes’ attorneys, the prosecution consumed potentially exculpatory DNA evidence. The motion also explains that there was contamination during the DNA testing process, as well as failure by the prosecution to preserve discoverable evidence, stating that Barnes has a constitutional right to test the evidence, and asserted his rights in a previous hearing.

Barnes’ defense attorney, Pierce Suen, explained that the basic facts in this motion are undisputed. Namely, after the shooting gloves were recovered as evidence, and the DC Department of Forensic Science (DFS) sampled the evidence using a swab. During this sampling, biological material was removed from the gloves.

Then, the United States Attorney’s Office retested the materials in relation to another case, including the gloves swabs and the reagent blanks used during testing. They are a control mechanism in DNA testing to ensure that there has been no contamination in the process.

According to Suen, during the additional testing, DFS “completely batched the evidence”, and the reagent blanks in this case were totally consumed. Suen further elaborated the exculpatory evidence was crucial.

Suen further argued that the results from the DNA testing could have shown information regarding physical contact between Barnes and Holmes prior to the shooting.

According to Suen, although a witness testified that further testing can be done without a reagent blank, he argued that this is actually not true. He also said the Federal Bureau of Investigation quality assurance standards require DNA testing to be done with a reagent blank.

He explained that due to the destruction of the reagent blanks, they can’t verify any DNA testing in this case, and therefore no accredited laboratories will agree to test the samples. Suen explained that the witness was from another country, and so may not have been familiar with DNA testing in the United States.

Based on the DNA testing issues, Suen argued the case should be dismissed.

The prosecution emphasized that a non-accredited or international laboratory could perform further DNA testing for the defense. They further explained that the absence of a reagent blank doesn’t necessarily mean that no further testing can be performed, it just may be more difficult.

The prosecution then explained that in a motion for dismissal, bad faith has to be present, and that in this case there was none. They further argued that there is no basis for dismissal just because the process was not done in the most exacting fashion.

In response, Suen argued that he is not alleging that there was nefarious conduct in this case, but that the alleged recklessness of DFS and the U.S Attorney’s Office during the DNA testing rises to a level of bad faith.

Judge Raffinan questioned the prosecution in regards the consumption of the reagent blanks. She also asked for more clarification as to what was said by the prosecution in a previous hearing, about their knowledge of DNA testing misconduct.

The prosecution will have to make a written reply before the questions can be discussed in court.

Parties are expected to reconvene on April 26.

Document: Man Arrested for a Traffic Fatality: 11th Street and Pennsylvania Avenue, Southeast

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a traffic fatality that occurred on Jun 8, 2023, at the intersection of 11th Street and Pennsylvania Avenue, SE.

According to MPD documents, the investigation revealed that a 2005 Ford Focus was traveling northbound on 11th Street, SE, and entered the intersection with a green signal light. At the same time, a 2017 Mercedes C300 was traveling eastbound on Pennsylvania Avenue and entered the intersection at 11th Street with a red signal light. The Mercedes struck the driver’s side of the Ford, causing an adult female rear seat passenger on the driver’s side of the Ford to be ejected. The two occupants of the Mercedes fled the scene on foot.

DC Fire and Emergency Medical Services (EMS) responded to the scene, and after finding no signs consistent with life, the adult female victim was pronounced dead. Two other occupants of the Ford were treated for minor injuries and released from hospitals.

The victim was identified as 19-year-old Madison Jones.

On Jan. 11, pursuant to an arrest warrant, 30-year-old Andre Johnson was arrested and charged with second-degree murder while armed.

Anyone with knowledge of the incident should contact MPD.

Document: Decedent Identified Man Killed in Southwest DC

The Metropolitan Police Department (MPD) is investigating the death of a man that occurred on Jan. 3, on the 1400 block of Canal Street, SW.

According to MPD documents, officers responded to the location for the report of found human remains, where they located adult human remains inside of a trash can. The Office of the Chief Medical Examiner (OCME) conducted an autopsy and ruled the manner of death a homicide, and the cause of death a gunshot wound.

The victim was identified as 42-year-old Harry Keels, who had been reported missing Nov. 6, 2023.

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.

After Opening Statements Homicide Victim’s Mom Testifies in Co-Defendant Homicide Trial

On Jan. 10, DC Superior Court Judge Marisa Demeo and jurors heard parties give opening statements and a victim’s mother testify in a co-defendant homicide matter.

“Thirty-four. That’s the number of times Delonta Stevenson fired a rifle into the car on Jan. 18, 2021,” said prosecutors in their opening statements, adding that Stevenson was “sitting in the passenger seat of a Volvo XC90 driven by his nephew, Vorreze Thomas,” when he shot at a white Ford Crown Victoria with the three victims inside.

“All of this evidence will prove the guilt of Thomas and Stevenson beyond a reasonable doubt,” insisted the prosecution.

According to prosecutors, one of the surviving victims had reached out to Allen for a ride to visit his mother at the Stanton Glenn Apartments after hearing of an alleged assault against her, which was a miscommunication. On their way to the apartment complex, Allen picked up the other surviving victim.

As the surviving victim spoke to his mother, Stevenson’s girlfriend received a text message and voice message stating the surviving victim was at the complex. The victim was blamed for shooting Stevenson in November of 2020.

The victim’s mother requested he drive her to the grocery store, and he asked Allen to drive them.

Once Stevenson’s girlfriend alerted Stevenson and Thomas, the three meet at the complex, which only has one entry and exit way and a looped parking lot, and they are seen waiting for the victims’ vehicle to return from running errands. Prosecutors claim that, as shown in surveillance footage, Thomas removes a rifle from the back seat of the Volvo, and Stevenson a pistol from his waistband.

After dropping the victim’s mother back home, the Crown Victoria can be seen making a u-turn to head towards the entrance. Prosecutors say Thomas and Stevenson get in the Volvo, with Thomas as the driver, and go the opposite direction to meet them at the entrance.

Surveillance footage shows that as the Crown Victoria gets to the exit, those in the Volvo begin to shoot at them multiple times, causing the Crown Victoria to crash against a post.

The Volvo then speeds away , and was later recovered by Metropolitan Police Department (MPD) officers at 29th Street and Erie Street, SE, where it had crashed into several parked cars.

According to the prosecution, two eyewitnesses saw two individuals run away from the Volvo, and MPD recovered a rifle from their flight path, which was tested for DNA evidence, and is considered highly likely to have been used in the murder.

Prosecutors claimed that MPD also recovered an iPhone associated with Thomas from the Volvo.

“The only just verdict for this case is guilty on all counts,” insisted prosecutors.

Stephen LoGerfo, Stevenson’s defense attorney, insisted that “Delonta Stevenson is not guilty… he did not shoot Terrance Allen, and the [prosecution] will not prove beyond a reasonable doubt that Stevenson is guilty.”

LoGerfo argued Stevenson is a lifelong DC resident, a devoted father and family man, who “still has a bullet lodged in his brain,” from an unrelated incident.

He claimed that one of the surviving victims was assisted by the prosecution to relocate to Texas following the shooting, where he was arrested again. He argued because the witness is indebted to the prosecution, he will testify saying what they want him to say.

“The only verdict consistent with the lack of evidence is not guilty,” insisted LoGerfo.

“What [LoGerfo] said, ‘me too’,” said Charles Murdter, Thomas’ defense attorney, adding “Thomas sits before you an innocent man.”

He argued the prosecution has the burden to prove beyond a reasonable doubt that Thomas is guilty.

“The only just verdict in this case is not guilty,” Murdter said.

Following opening statements, prosecutors called Allen’s mother to the stand. She testified that Allen was working at the Pentagon and was a “family man,” stating he had two kids, and an unborn child on the way.

“Him and I were close,” said the mother, adding he “was always coming to check on me.”

“I miss watching him walk through the door,” she said.

Parties are slated to return Jan. 11.

Shooting Defendant Files Motion to Dismiss Case

On Jan. 11, DC Superior Court Judge Marisa Demeo was alerted that a shooting defendant had filed a motion to dismiss due to a NAPUE violation.

Tyshay Moore, 26, is charged with assault with intent to kill, possession of an unregistered firearm, and possession of a large capacity ammunition feeding device for her alleged involvement in a non-fatal shooting on May 10, on the 800 block of 7th Street, NW.

On Jan. 10, Hannah Claudio, Moore’s defense attorney, filed a motion to dismiss due to so-called Napue and Jencks violations. According to Justia Law, a Napue violation is the knowing use of false testimony by prosecutors, including testimony affecting only the credibility of witnesses and does not directly touch on the innocence or guilt of a defendant, violates the due process clause of the Fourteenth Amendment guaranteeing fair treatment.

In the written motion filed with the court, Claudio claims that during a preliminary hearing, prosecutors allowed a detective to give false testimony.

Judge Demeo told the parties she had been unable to review the motion, and argued that the prosecution should have time to respond to the motion in writing.

Prosecutors must respond in writing by Jan. 25.

Parties are slated to return to discuss the motion on Feb. 2.

Motion for Dismissal in Homicide Case Continued

On Jan.10, a motion hearing regarding the dismissal of a homicide case was continued before DC Superior Court Judge Maribeth Raffinan.

The defense motion to dismiss this case is a result, they say, of the prosecution’s failure to preserve evidence.

According to court documents, the prosecution’s testing consumed potentially exculpatory DNA evidence in this case. The motion further alleges contamination during the DNA testing process, as well as a failure of the prosecution to preserve discoverable evidence, stating that Barnes has a constitutional right to test this evidence if he chooses.

The prosecution began by calling a DNA forensics expert who explained that in this case, the DNA profile of the evidence, specifically a pair of gloves, showed no indication of contamination. The expert also explained the evidence was later tested in relation to a different case, and showed no indication of contamination.

During cross-examination, Barnes’ defense counsel, Molly Bunke and Pierce Suen, questioned the expert about the right glove, saying it was never sampled for DNA. The expert claimed that she was unaware of that, and was unable to recall any information regarding the right glove.

Then, the defense called another DNA expert who explained the use of a reagent blank in DNA testing, saying it is used as a control sample to avoid contamination. The expert emphasized that a reagent blank must accompany samples during DNA analysis and that DNA evidence is not typically accepted if a reagent blank was not used.

According to court documents and the defense, during a second round of DNA testing by the prosecution , the reagent blank that would have been vital for the defense was completely consumed. Therefore, the defense in this case is not able to do any additional testing.

Due to scheduling issues, this hearing will continue on Jan. 11.

Non-Fatal Shooting Defendant Sentenced to 40 Years

During a Jan. 10 hearing, DC Superior Court Judge Maribeth Raffinan sentenced a non-fatal shooting defendant to 40 years of incarceration, with five years of supervised release.

Travis Littlejohn, 38, was found guilty on four charges of assault with intent to kill while armed, one count of aggravated assault while armed, and multiple counts of possession of a firearm during a crime of violence for his involvement in a mass shooting that occurred on the 3800 block of Minnesota Avenue, NE, on July 5, 2019.

According to court documents, four victims sustained non-life threatening wounds as a result of an altercation at a Shell gas station.

Judge Raffinan said that Littlejohn was found guilty on all 28 counts during his trial. She also explained that when deciding Littlejohn’s sentence, she considered the facts of his case, his education, employment status and criminal history.

That includes a previous charge of voluntary manslaughter while armed, as well as abuse and neglect of a child.

Judge Raffinan imposed a sentence of 10 years for all four of Littlejohn’s assault with intent to kill charges, running consecutively, totaling 40 years. Judge Raffinan then imposed a sentence of six years for every other charge, running concurrently with the other four charges. In addition, Littlejohn will face five years of supervised release, and must register as a gun offender. .

There are no further dates set in this case.

document: MPD Searching for Shooting Suspect

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying a suspect involved in a Jan. 4 shooting on the 1600 block of Butler Street, SE.

According to MPD documents, the victim was driving at the location, when the suspect intentionally shot at his vehicle. The victim was not injured, but his vehicle was damaged. The suspect then fled the scene.

The suspect was captured by a surveillance camera.

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.

Cell Site Expert Testifies Shooting Defendant’s Phone was in General Area at Time of Incident

On Jan. 10, a cell site expert testified that a cell phone associated with a shooting defendant was in the general area of the incident at the time of the offense in DC Superior Court Judge Rainey Brandt’s courtroom.

Kenneth Davis, 45, is charged with assault with intent to kill while armed, unlawful possession of a firearm by a prior convict, two counts of assault with intent to kill against a minor while armed, assault with a dangerous weapon, and six counts of possession of a firearm during a crime of violence, for his alleged involvement in a non-fatal shooting that injured one individual on May 19, 2021, on the 1600 block of Eastern Avenue, NE.

Prosecutors called on a Federal Bureau of Investigations (FBI) special agent, who specializes on historical cell site data, to testify about a phone’s location, associated with Davis, on the day of the incident.

Judge Brandt accepted the agent as a qualified specialized witness.

In his testimony, the agent discussed how he was able to map the general location of the cellular device based on the towers it was connected to. According to the witness, a “cell phone is constantly scanning its surroundings looking for the best or strongest signal,” however, it does not mean the phone will connect to the closest tower.

He further explained that through his investigation, he found that the phone number, which the prosecution had shared with him, had been in the “general area” of the incident, and that there is no way for him to tell the cell phone’s exact location.

Parties are slated to return Jan. 11 for more testimony.

Homicide Defendant Waives Right to Independent DNA Testing

On Jan. 10, a homicide defendant waived his right to independent DNA testing of evidence recovered at a crime scene before DC Superior Court Judge Maribeth Raffinan.

Bernard Eddy, 23, is charged with first-degree murder, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business for his alleged involvement in a shooting on Sept. 10, 2019 on the 3000 block of 24th Place, SE, resulting in the death of 16-year-old Steffen Brathwaite.

The prosecution informed the court that biological materials were found in relation to this case, but that they did not test any of these materials for DNA.

Eddy’s defense attorney, Julie Swaney, informed the court that Eddy has chosen to waive his right to independently test DNA in his case.

Judge Raffinan explained to Eddy that he has a right to independently test the DNA found in this case if he chooses, but Eddy continued to waive his right.

Parties are expected to reconvene Sep. 12.