Homicide Defendant Waives Right to Independent DNA Testing

On Jan. 5, a homicide defendant waived his right to independent DNA testing before DC Superior Court Judge Maribeth Raffinan.

Johnwann Elliott, 30, is charged with first-degree murder while armed, two counts of possession of firearm during crime of violence, assault with intent to kill while armed, unlawful possession of a firearm, and carrying a pistol without a license outside home or business, along with other charges, for his alleged involvement in the fatal shooting of 37-year-old Nikia Young on the 2200 block of Minnesota Avenue, SE, on March 15, 2022.

The prosecution informed the court that physical items discovered in relation to this case included ballistics evidence, clothing, and bags filled with suspected drugs.

They explained that the only testing that was completed were six cartridge casings. They further explained that none of the cartridge casings were suitable for DNA analysis, and therefore no results were found.

Elliotts defense attorney, Kevann Gardner, then informed the court that Elliott would be waiving his right to independently test any of this evidence.

The parties are expected to reconvene on Sep. 20.

Judge Finds Probable Cause in Homicide Case

On Jan. 5, DC Superior Court Judge Robert Okun found probable cause that a defendant was the perpetrator in a fatal shooting.

Jeremiah Evans, 20, is charged with first-degree premeditated murder while armed for his alleged involvement in the fatal shooting of 18-year-old Khalliqo Ford on June 15, 2023, on the 200 block of K Street, SW.

Prosecutors called a Metropolitan Police Department (MPD) sergeant, who was the co-lead detective of the case, to testify about his involvement in the investigation.

According to the sergeant, footage, shown in open court, depicts a blue Dodge Charger arriving at the location’s rear parking lot and two individuals, who he identified as Ford and Evans exit the back passenger seats of the vehicle. The individuals are seen going their separate ways as they exit the vehicle.

In another clip of surveillance footage shown in court, an individual, who the sergeant identified as Evans, is seen entering the camera’s view with a bag, dropping the bag in front of the Charger while removing an item from the bag, and going off camera view to meet another individual.

The two individuals, identified as Ford and Evans, return to the camera’s view, and approach the Charger. As they get to the car, the individual identified as Evans goes to Ford’s side of the vehicle and allegedly begins to push and shove the victim. Ford is seen attempting to walk away from the dispute, as the suspect begins to fire several gunshots at him in close range.

Following the gunshots, an individual seated in the front passenger seat of the vehicle gets out, and Evans gets into the back passenger seat as the vehicle drives away.

In his testimony, the sergeant explained that MPD responded to the location for the report of one shooting victim, and Ford was pronounced deceased at the scene. He explained that MPD spoke to four witnesses on the scene, none of whom saw the shooting. Two of them, he said, stated they heard shots fired, but didn’t see the shooting or anyone leave the scene.

The other two had been in an altercation with Ford moments before the shooting, when an unnamed individual pulled Ford away from the argument. They were unable to tell MPD where Ford and his companion went following their altercation.

MPD was able to identify Evans as the shooter due to a law enforcement officer, who had been conducting an “extensive investigation” into the neighborhood, recognized Evans. According to the sergeant, the officer had been monitoring Evan’s social media and Youtube for more than six months, and reviewing surveillance footage in the area.

During cross examination, Stephen LoGerfo, Evans’ defense attorney, questioned the sergeant about Ford being a suspect in the Nov. 19, 2022 homicide of 18-year-old Akira Wilson.

LoGerfo also stated that one of the witnesses who was involved in the altercation with Ford prior to his shooting was a witness in the Akira Wilson homicide in 2022 and is known to have made false statements to MPD.

LoGerfo went on to argue that a murder weapon for Ford’s death has not been recovered, and the Dodge Charger was never located, identified, or processed for evidence and DNA.

He argued that, because of the lack of physical and biological evidence, Judge Okun should not find probable cause that Evans was the perpetrator. He also argued that it is unknown whether Ford was armed at the time of his death–about which the sergeant testified prior no weapon was recovered from the body.

Prosecutors insisted Judge Okun find probable cause, arguing that a judge had already signed an arrest warrant which ensured the low standard of probable cause was met. They also argued the evidence and testimony establishes that Evans caused Ford’s death, intended to kill him by shooting him multiple times at close range, and the killing was premeditated.

Judge Okun stated he found probable cause, and that there was “no doubt that [Evans] acted with intent to kill.” He added that there’s no evidence of self-defense, and that “the [prosecution] has easily established probable cause”.

Judge Okun ordered Evans continue to be held as he awaits further proceedings, stating there are no conditions of release that would ensure the safety of the community.

Parties are slated to return March 15.

Sentencing Continued in Non-Fatal Shooting

During a Jan. 4 hearing, DC Superior Court Judge Maribeth Raffinan continued sentencing in a non-fatal shooting case due to a dispute over sentencing guidelines.

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.

The prosecution requested that Littlejohn receive a sentence of 130 years for his crimes. They argued that the court should “hold [Littlejohn] accountable and protect the community.”

The prosecution argued that many more people, including an infant, could have been seriously injured or killed as a result of Littlejohn’s actions.

Additionally, the prosecution pointed out that this crime occurred after Littlejohn was released from incarceration as a result of a previous conviction of voluntary manslaughter while armed. They further stated that when Littlejohn was previously released from prison, he “continued on a path of criminality”. They asked the court to “provide a just punishment to protect society”.

Littlejohn’s defense attorney, Lee Smith, requested that the court sentence Littlejohn to the bottom of the sentence guidelines for each count. Smith began by reading a statement to the court on behalf of Littlejohn’s mother. In the letter, Littlejohn’s mother stated, “my biggest fear is that my son will be incarcerated for the rest of my life, and I’ll never see him again”.

She also said, “Travis has a genuine heart” and “he is always thinking of others”. In her letter, the mother explained that Littlejohn has a serious heart condition, and that during his time in incarceration, he has not received proper or adequate treatment. She ended her statement by saying “I am begging and pleading for you to have leniency”.

After reading the statement, Smith exclaimed, “The [prosecutor] is asking for a sentence that requires Littlejohn to die in prison”. He then argued that no one died as a result of the crime, and that the sentence the prosecution is requesting is unacceptable for this case.

Smith emphasized that he believes the court should sentence Littlejohn to the bottom of the guidelines for each count, which would result in 50 years incarceration.

Littlejohn told the court that during his trial, nobody was able to identify him as the shooter and to consider this fact in his sentencing.

Due to a dispute about how to apply the sentencing guidelines, and a need for more time to review, Judge Raffinan continued the sentencing.

Parties are expected to reconvene Jan. 9.

Document: 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.

The victim has not been identified, pending next of kin notification.

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

Document: Arrest Made in Thanksgiving Weekend Homicide

The Metropolitan Police Department (MPD) announced an arrest was made in connection to a shooting that killed a man on Nov. 25, 2023, on the 1300 block of Florida Avenue, NE.

According to MPD documents, officers responded to the location for the report of a shooting victim, where they located a man being treated by DC Fire and Emergency Medical Services (DCFEMS). The victim was transported to a hospital, where he died from his injuries.

During the investigation, it was determined the shooting occurred on the 1700 block of Benning Road, NE.

He was identified as 34-year-old Daniel Lamont Adams.

On Jan. 4, pursuant to an arrest warrant, 40-year-old Andre Hicks was arrested and charged with first-degree premeditated murder while armed.

Document: Wanted Suspect Extradited and Charged for a Northeast Homicide

The Metropolitan Police Department (MPD) announced a wanted suspect has been extradited and charged in connection to a homicide that occurred on Nov. 16, 2023, on the 2200 block of New York 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 transported to a local hospital where he died.

The victim was identified as 38-year-old Carlos Javier-Blanco Fernandez.

On Dec. 4, pursuant to an arrest warrant, 23-year-old Eliexander Lopez-Burgos was arrested in Glendale, Colorado.

On Jan. 4, Lopez-Burgos was returned to the District, and was charged with first-degree murder while armed premeditated.

Prosecution Delivers Opening Statement in Non-Fatal Road Rage Shooting

On Jan. 4, prosecutors delivered opening statements and witness testimony in regards to a non-fatal shooting incident 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.

“On May 19, 2021, the defendant was in a road rage rampage,” said prosecutors in their opening statements. According to the prosecution, Davis was in his custom built dark gray Maserati when an individual attempted to merge into the traffic lane he was in, colliding with his vehicle. They allege that Davis grabbed a gun, got out of his car, and took aim, shooting a woman in a vehicle with her two underaged children, before firing several more shots at other bystanders.

Prosecutors claimed Davis shot 13 times, aiming at five people at least in three different vehicles, injuring one.

“The evidence will prove beyond a reasonable doubt that he is the Maserati shooter,” insisted the prosecutor, pointing at Davis in the courtroom. He alerted the jury they would see and hear things that relate him to his guilt.

The mother and two kids were “just going about their day, having done nothing wrong,” stated the prosecution, before Davis fired at them at close range.

According to prosecutors, the evidence, including cell site records which put Davis’ cell phone at the location of the incident at the time of the shooting, will prove his guilt.

“The only verdict which is consistent with the evidence and demanded by the law is guilty on all counts,” concluded the prosecution.

Marnitta King, Davis’ defense attorney, reserved an opening statement.

Prosecutors called on an eyewitness from the incident. According to the individual, she was driving on Eastern Avenue behind a black car when a Maserati, which was the car in front of the black car, was involved in a commotion with a Lexus.

The witness told the jury that following the commotion, the driver of the Maserati exited his vehicle, tapped the Lexus with his hand, and began shooting at the Lexus multiple times.

According to the witness, as the driver of the Maserati was walking back to his car, he shot at the vehicles in her direction, which caused the black car in front of her to reverse into her car as they tried to get away from the scene.

In surveillance footage displayed in court, the black car can be seen reversing down Eastern Avenue as the Maserati follows close behind it, before each car goes their separate ways.

The witness told the court she called 911 after she composed herself. During the call, which was played in open court, the witness can be heard telling the dispatcher, “Oh my god… a man started shooting at everybody.” In shock, she says, she told the dispatcher the wrong location of the incident, but was able to tell them the shooter drove off in a Maserati.

“I don’t know how I didn’t get hit by a bullet,” the witness could be heard telling the dispatcher.

“This whole situation has changed my life,” she told the court during cross examination, when King questioned her about her involvement in the incident. According to the witness, she was not injured by gunshots on the day of the incident, but did endure back and neck pain in the following days, as well as severe anxiety, which made her previously diagnosed post-traumatic stress disorder (PTSD) worse.

Prosecutors then called on another eyewitness to testify regarding the incident, who stated she has “a lot of anxiety” following the situation.

The witness stated she was stopped at a red light, on the opposite side than the Maserati on Eastern Avenue, when she saw someone get out of their car while she was at the stop light. The individual walked up toward another vehicle and began to shoot. She ducked as he began to walk back to his vehicle, before she heard more gunshots being fired.

The witness testified that a Lexus, which was the shooting target, was engaged in a fender bender with her vehicle as they tried to avoid being shot again. Because of the shooting, she said, she carried the boy who was in the vehicle that was shot to a building, as they awaited for police to arrive.

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

Testimony is slated to continue Jan. 5.

Judge Accepts Doctor’s Competency Finding for Homicide Defendant

On Jan. 4, DC Superior Court Judge Rainey Brandt alerted parties she was accepting a doctor’s findings that a homicide defendant was competent to withstand trial.

Idrissa Fall, 37, is charged with first degree murder premeditated while armed, a bias-related crime, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction in connection to the murder of Dara Northern, 29, on the 6100 block of 4th Street, NW, on July 18, 2021.

Parties and the court received a report from a doctor at the Department of Behavioral Health (DBH) on Dec. 13, which stated doctors found Fall competent to stand trial.

Kevin Mosley, Fall’s defense attorney, alerted the court he was not planning to contest or object to the findings, and is ready for trial to begin on May 6.

Prosecutors told Judge Brandt they also agree with the report and are ready to proceed.

Parties are slated to return on Feb. 27 for a trial readiness hearing.

Angry Outburst Leads to Postponed Sentencing in Non-Fatal Shooting Case

On Jan. 3, DC Superior Court Judge Maribeth Raffinan continued a sentencing hearing in a non-fatal shooting case due to a defendant’s outburst.

Dominic Copeland, 33, was convicted of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, and unlawful possession of a firearm for his involvement in a non-fatal shooting that left one individual injured on the unit block of N Street, NW, on April 26, 2019. He was acquitted of robbery while armed and one count of possession of a firearm.

His co-defendant, 31-year-old Artie Byrd, was acquitted of accessory after the fact for allegedly helping Copeland flee the scene in a white Toyota Camry soon after the shooting.

Before the sentencing, Copeland in an angry outburst said, “This case wasn’t even triable.”

‘You are insulting my intelligence by saying that was an honest guilty verdict”, and then shouted “b**ch” at Judge Raffinan.

As a result, Copeland was taken out of the courtroom, and the sentencing was postponed briefly.

Copeland’s appearance was waived for the duration of the proceeding. His defense attorney, Michael Madden, explained to the court that Copeland’s family feels he would be in a much better position if there was a more recent mental health diagnosis and evaluation done on him.

However, Madden explained that Copeland hasn’t agreed to an interview with a psychologist. Madden further stated that the only person that Copeland will listen to is his father, and that he needed time for Copeland to speak with him.

Madden explained that Copeland’s father has agreed to meet with him at the DC jail to convince him to get an updated diagnosis. So, Madden requested a continuance for the sentencing.

The prosecution informed the court that they did not object.

Judge Raffinan granted the request.

Parties are expected to reconvene on March 22.

Data Shows 22 Homicides in December Ending The District’s Deadliest Year in Decades

D.C. Witness data shows that in December 2023 there were seven non-fatal shootings and 22 homicides in the District.

Of those 22 homicides, three were stabbings and the rest shootings.

Most notably, 85-year-old Steven Schwartz was charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of his 81-year-old wife, Sharron Hilda Schwartz. The incident occurred in their residence on Dec. 10, on the 1300 block of Corcoran Street, NW.

According to documents from the Metropolitan Police Department (MPD), officers responded to the location, where they located the woman with stab wounds and the man with self-inflicted wounds. Both were transported to a local hospital, where Sharron succumbed to her injuries.

D.C. Witness reported on one mass shooting in December, which left two individuals dead and two injured.

According to MPD documents, on Dec. 21, officers responded to the 1300 block of Half Street, SW, after receiving a report of a shooting, where they located three men and a woman with gunshot wounds.

The woman succumbed to her injuries at the scene, and the men were all transported to a local hospital, where one remains in treatment, one was released, and another one succumbed to his injuries.

The victims were identified as 35-year-old Patricia Harris and 24-year-old Tyrone Jacobs.

MPD is still searching for the individual or individuals responsible for the shooting.

December put an end to the District’s deadliest year in decades. According to D.C. Witness data, there were 278 homicides for the year, a jump from the 219 homicides recorded in 2022, and the 177 homicides recorded in 2015.

The graphs show that over 250 homicides occurred in DC in 2023, less than 100 individuals were arrested in connection to the incidents, and less than 50 were convicted.

Judge Says Homicide is ‘Not a Strong Case at All,’ But Finds Probable Cause

On Jan. 3, DC Superior Court Judge Rainey Brandt said prosecutors did not have sufficient evidence to charge a defendant with first-degree murder while armed, but stated they met the low standard of probable cause for second-degree murder.

Emerita Garcia, 45, is charged with second-degree murder while armed for allegedly aiding and abetting her son in the fatal shooting of 27-year-old Larry Thomas on Aug. 24, on the 3600 block of 16th Street, NW. Her son hasn’t been apprehended.

She allegedly provided the gun used to kill Thomas, and ensured her son had a clear flight path following the shooting.

She was originally charged with first-degree murder while armed, but Judge Brandt argued that there is not sufficient evidence to meet the low standard for the charge.

Jason Tulley, Garcia’s defense attorney argued that the prosecution’s case was based solely on inferences that don’t add up to aiding and abetting, stating that the prosecution must prove that Garcia had knowledge that the shooting was going to occur and had a conscious disregard about the risk of grave injury or death, but they failed to do so.

According to Tulley, the surveillance footage which depicts the moments leading up to the shooting shows what “seems like two guys hanging out amicably.” He insisted there are no facts that support Garcia knew of the shooting prior to her bringing a bag that had a gun down to her son.

Prosecutors insisted there was sufficient evidence to prove probable cause, arguing Garcia knew the gun was in the bag and she took it to her son after he asked her to by yelling towards her apartment window. They argued she facilitated her son’s actions, and knew what she was doing.

Following three tense hearings, Judge Brandt ruled that the prosecution had not met the low standard of probable cause for first-degree murder while armed, arguing that only four things in the case are guaranteed facts, that Thomas died from a gunshot wound, Garcia’s son had a gun, the son got the gun from a bag that was being worn by Garcia, and that shortly after he retrieved the firearm, there were gunshots in the direction that Thomas had gone. Brandt insisted that everything else is inferences.

She argued it was clear that Thomas and Garcia’s son were both under the influence having been drinking at a bar for an extended period of time before the incident, and that their body language in the surveillance footage doesn’t prove a fight was brewing.

Judge Brandt stated that one can make a reasonable inference that Garcia’s son was speaking out loud, and it could’ve been directed at Garcia, but that no one knows what was actually said.

She argued that a logical inference could be made that Garcia’s son yelled something that caused her to bring him the bag, and a weak inference could be made that the bag was hers and she’s responsible for its contents, especially because she continued to wear the bag after the gun was taken from it.

Judge Brandt stated that based on the evidence and the inferences she found weak probable cause for second-degree murder while armed, but that this is “not a strong case at all against [Garcia].”

Tulley requested to return at a later date to argue Garcia’s release conditions, and requested the writ that has held Garcia to this point be extended without further explanation. The parties discussed the request under seal, and a continuation of the preliminary hearing was set.

Parties are slated to return March 29.

Graphic Video Evidence Along with Emotional Testimony Presented in Murder Trial

In a bench trial before DC Superior Court Judge Marisa Demeo on Jan. 3, prosecutors presented dramatic video evidence and emotional witness testimony in an attempt to show that Matthew Walker, 25, murdered 32-year-old David Remen and grievously wounded another man.

Walker is charged with first-degree murder while armed along with seven other counts including assault with intent to kill and possessing a firearm during a crime of violence for his alleged connection to an incident on the 1700 block of Hamlin Street, NE, on Feb. 14, 2019.

Walker is also charged with second-degree murder while armed for allegedly stabbing 23-year-old Jamal Green-Lee to death on the 100 block of Michigan Avenue, NE on April 29, 2019. Green-Lee died on Nov. 4, 2020, due to his injuries.

In opening remarks, the prosecutor said he would prove that recovered items including, “The gun, a hoodie with red and white stripes, and a mask” all link Walker to the Hamlin Street crime.

Surveillance cameras captured the Valentine’s Day shooting at the office of Trojan Labor, a DC business, now renamed Hire Quest Direct, that specializes in placing low-skilled laborers. Prosecutors say that around 6 a.m., the day of the murder, Walker is seen wearing a hooded sweatshirt and a mask, using a Glock 19 semi-automatic pistol allegedly to kill Remen and shoot a company manager six times.

Body-worn surveillance camera footage from a responding Metropolitan Police Department (MPD) officer shows the chaos after the shooting. Emergency workers are seen frantically trying to revive Remen while counting out repeated efforts of chest compression to get a pulse started in his lifeless body.

Cries of “David…Come on, David…Stay with me, David” punctuate the video, which goes on for several minutes until the rescuers reluctantly give up. A voice is heard saying, “He’s gone!”

Prosecutors brought in David’s father from Wisconsin to testify about his son. With a picture of David projected in the courtroom, his father said David was a “great kid,” had a big family and “everybody loved him.” His father described David as hard-working but loved to play pool.

“He was no gang member,” added David’s father.

While the primary charge in the case is homicide, prosecutors questioned the widow of the surviving victim who died some three years after the initial assault. She tearfully described her husband as full of life, an ardent golfer and sports fan–someone who “loved to make people happy.”

In recalling the event, she said she received a frantic call from her husband saying that he’d been shot and that the gunman was shooting at others.

“I screamed,” she said. Her husband told her he was panicking and “hiding at his desk.”

As prosecutors led her through the incident, she said tearfully, “I was freaking out. I didn’t know what was going on.”

Ultimately, her husband was taken to Howard Hospital where surgeons told her it was a miracle that he survived. Prosecutors showed graphic photos of the damage caused by repeated gunfire. His wife said that he had a hard time emotionally and physically recovering from the ordeal, and needed physical therapy and counseling. She said he was afraid to come back to work in the District.

Many members of the victims’ families were in the courtroom. One person close to the surviving victim said he was “tormented” by what happened and his death at 57 was prematurely caused by Walker’s actions.

Prosecutors also detailed how a tip led them to recover the suspected firearm–a Glock 19– hidden between a house under construction and a retaining wall near the crime scene. Investigators also found discarded clothing in neighborhood trash bins that they say matched what the suspect was wearing during the crime.

A specialist with the DC Department of Forensic Science (DFS) presented evidence showing 10 bullet casings and multiple “defects” or areas of suspected shooting damage in the office. The expert said the casings were consistent with the recovered weapon.

The prosecution still plans to question a firearm expert and introduce DNA evidence to build its case against Walker.

At the end of the proceeding, Stephen Logerfo, Walker’s attorney said his client might take the stand to testify in his defense on Jan. 4.

Even though the case is nearly five years old, family members tell D.C. Witness they still don’t know what inspired the shootings and aren’t aware of a specific motive.

Parties indicated the trial could conclude by week’s end.

Probable Cause Ruling Continued in Juvenile Homicide Case

On Jan. 2, DC Superior Court Judge Marisa Demeo has yet to rule there’s probable cause in a homicide case to go to trial.

Lorinzo Thompson, 17, is charged with second-degree murder while armed, for his alleged involvement in the fatal shooting of a 14-year old Niko Estep on the 2600 block of 14th Street NW, on Nov. 3. Thompson is being charged as an adult under the so-called Title 16 rule.

According to court documents, Estep sustained a fatal gunshot wound to the torso. An additional juvenile victim had three gunshot wounds, but survived.

During the cross-examination of the lead detective, Thompson’s defense attorney, Joseph Yarbough, asked about the interview with the second victim in this case, who had been severely injured and was hospitalized.

Yarbough pointed out the victim was under the influence of a high dose of fentanyl, and kept “nodding off” while being interviewed. Further, the victim was never able to provide a description of the shooter, nor identify a suspect.

According to Yarbough, several items of the victim’s clothing were found near the scene, and all of them were covered in blood. In addition, a discarded firearm magazine was found near the scene as well, after being discarded by the victim.

Yarbough said when Estep collapsed after being injured, there were three women that came to help him and flag down officers for assistance.

However, there was also an unknown individual standing near Estep. As shown in the surveillance footage, before the police arrived, Estep is seen handing an unidentified object to the unknown individual, and then the individual proceeds to walk away with a suspicious demeanor. The detective stated that the unidentified object was a firearm.

The detective further stated that although the women were present at the time of this suspicious encounter, none of them have been identified or interviewed in this case.

According to Yarbough, Estep had been previously arrested, and was involved in a pending case regarding carrying a pistol without a license at the time of the shooting.

The detective said Estep had been affiliated with a crew or gang, but was unsure about the other victim.

During redirect, the prosecution questioned the detective about Thompson’s affiliation with a crew. The detective explained he was informed that Thomspon was affiliated with a crew, and one that was allegedly in conflict with Estep’s.

The prosecution also explained that there was a video on social media that depicts Thompson bragging about the crime along with other surveillance footage.

Yarbough explained that in the footage, the suspect is wearing a black ski mask where only the eyes can be seen, making an identification impossible.

Further, Yarbough explained that Thompson should not have been identified as the suspect on the basis the officers were aware the woman the suspect was with at the time was Thompson’s mother.

Due to scheduling conflicts, Judge Demeo continued her ruling.

Parties are expected to reconvene on Jan. 5.

Judge Finds Probable Cause in Domestic Violence Homicide

On Jan. 3, DC Superior Court Judge Rainey Brandt found probable cause that a defendant was the perpetrator in a homicide.

Desmond Thurston, 46, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 52-year-old Patricia Johnson on Oct. 1, 2023, on the 4000 block of 13th Street, SE. Johnson and Thurston were involved in a romantic relationship.

Prosecutors called the lead detective from the Metropolitan Police Department (MPD) to testify regarding his involvement in the investigation.

According to the detective, officers from MPD were dispatched several times to the incident address the day before and in the hours leading up to the shooting for reports of domestic disturbances between Thurston and Johnson.

Prosecutors played a recording of the 911 call made by an eyewitness, who was a young family member of Johnson’s. In the recording, the child can be heard saying “My auntie, she’s on the floor; I think she’s dead,” and “Her ex-boyfriend came in here and killed her.”

During the call, the child can be heard telling the dispatcher that the individual who broke into the house and shot at Johnson allegedly was Thurston, and he drove away from the location in a black truck. The child also alerted the dispatcher that Johnson had filed for a civil protection order against Thurston, and he broke through a chain on the front door of the residence.

Prosecutors corroborated the juvenile witness’ statement about Johnson filing for a protective order against Thurston by presenting the filing in court.

According to the detective, Thurston turned himself in to police while they were still processing the crime scene, waived his Miranda Rights, and confessed to shooting Johnson.

In body worn camera footage shown in court from hours before the homicide, Thurston can be seen trying to get into Johnson’s residence to retrieve his items, and telling officers that the MPD had been there earlier, and Johnson had him locked out of the house.

Brian McDaniel, Thurston’s defense attorney, submitted to the record that there is probable cause in the case.

Prosecutors stated that, had the law not changed last year, they would be requesting Judge Brandt find substantial probability.

Judge Brandt alerted the parties she found probable cause based on the evidence, the testimony, and Thurston’s confession to police.

McDaniel requested Thurston be released to the community under a high intensity supervision, with GPS monitoring and 24 hour confinement, arguing that he does not pose a threat to the community and Thurston’s only recent contact with the legal system stemmed from the relationship with Johnson. He insisted Thurston could do well in the community, claiming his old employer would welcome him back.

Prosecutors opposed the release, arguing he was on probation for drug related crimes, had a prior assault conviction, and had a previous protection order for another individual which was dismissed due to the individual’s inability to show up to court. They also argued he has seriously traumatized the eye-witness, who remains in the community.

Judge Brandt stated she cannot find that a condition or combination of conditions would ensure the safety of the community, stating that the case was a “homicide born from a domestic violence incident,” which occurred in front of a child.

According to Judge Brandt, the previous threats by Thurston to Johnson, the weight of the evidence, and his confession prove that he must be detained.

Parties are expected to return Feb. 7.

Parties Deliver Closing Arguments in Homicide Trial

On Jan. 2, parties delivered closing arguments following a multi-week trial in front of DC Superior Court Judge Robert Okun.

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

In their closing arguments, prosecutors claimed that the evidence they presented throughout the trial proved beyond a reasonable doubt that Rezene was the perpetrator of Villatoro’s death.

They specifically argued their evidence, which 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 proves his intent to kill, premeditation, deliberation, and willingness to ensure Villatoro’s death.

Although surveillance footage does not depict the shooting, or the face of the shooter, they argued that clothes recovered from Rezene’s residence during the execution of a search warrant match those of the shooter, claiming that Rezene’s Balenciaga sneakers match the black shoes with white laces seen in surveillance footage.

Prosecutors discussed what many witnesses stated in their testimony, including Villatoro’s friends who they deemed as uncooperative, claiming one of them went as far as stating “there are consequences for testifying”.

They also claimed that one of Rezene’s friends, who has attended the trial regularly, communicated with the uncooperative witnesses, giving one of them a thumbs up. “They feared for their lives, and they showed us that in their testimony,” prosecutors said.

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”.

“The evidence shows he’s guilty and demands you find him guilty,” ended prosecutors.

To the contrary, Jonathan Zucker, Rezene’s defense attorney, argued the prosecution had failed to meet their burden of proof, and their evidence did not prove beyond a reasonable doubt that Rezene was the shooter.

“Mussye Rezene is looking to you for a fair verdict in this case,” said Zucker, adding “The only verdict that justice allows in this case is not guilty.”

Zucker also argued that it was only by happenstance that the shooting was not recorded by cameras in the area, and insisted that the prosecutors’ arguments are “misleading”.

“This is a case of somebody seeing what they want to see,” he claimed, stating that the prosecution was asking the jury to draw inferences from things that don’t make sense in the case.

“Police make mistakes, prosecutors present those cases, and sometimes people who are not guilty get convicted,” said Zucker, requesting they don’t convict a man who he claims is innocent, adding “Somebody’s life is at stake here,” and “you have a duty to find him not guilty.”

In their rebuttal, prosecutors insisted to the jury, stating “find him guilty of murdering Brayan Villatoro.”

The jury is slated to begin deliberations Jan. 3.

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