Defense Attorney ‘Encumbered’ Amid Rise in Surge Arrests

A defense attorney in a murder told DC Superior Court Judge Michael Ryan that he is overwhelmed with recent cases after failing to file an expert notice on Nov. 21. Statistics compiled from the Metropolitan Police Department (MPD) show a 31 percent increase in arrests during early phase of the federally ordered troop surge starting in August.

Khalid Claggett, 41, is charged with first-degree murder while armed, possession of a firearm during crime of violence and unlawful possession of a firearm by a convict for his alleged involvement in the fatal shooting of 30-year-old Isaac Aull Jr. on June 11, 2021 on the 1600 block of Franklin Street, NE.

All of Claggett’s charges have an aggravating circumstance of allegedly being committed during release on another matter.

According to defense attorney Howard McEachern, Claggett intends to argue that he suffers from post-traumatic stress disorder (PTSD) and acted in self-defense.

However, the prosecution said, McEachern failed to file the notice for an expert witness who would testify that he is not criminally responsible by the deadline. They said that the trial, which is set to begin Jan. 28, has been moved several times due to the expert’s availability.

McEachern admitted that he did not file the notice because he has picked up 65-to-70 new cases since the end of August and is overwhelmed as lawyers have picked up the large numbers of clients have during the federally mandated surge. He requested that a second attorney be appointed for this case, saying he wants “someone who’s less encumbered.”

McEachern also requested a new filing date.

“I absolutely cannot be the reason that he can’t use his defense,” McEachern said.

The prosecution argued that Claggett should not be allowed to use self-defense during trial if McEachern fails to file the expert notice by Dec. 1. Judge Ryan was hesitant to preclude the defense.

“It’s not clear to me that I have the authority to do that,” Judge Ryan said.

Parties are slated to reconvene on Jan. 5.

Recreational Center Murder Defendant Pleads Not Guilty to Killing 14-Year-Old

Parties in a murder case pushed the trial to 2027 after the defendant pleaded not guilty at his arraignment before DC Superior Court Judge Michael Ryan on Nov. 21.

Andre Chillous, 19, is charged with first-degree premeditated murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence and carrying a pistol without a license for his alleged involvement in the fatal shooting of 14-year-old David Bailey at the Lamond Recreational Center on the unit block of Tuckerman Street, NE, on Aug. 1, 2024. Another juvenile sustained life-threatening injuries during the incident, but survived.

Chillous, who was 17 at the time of the incident, is charged as an adult–an option for serious offenses under Title 16.

Defense attorney Madalyn Harvey informed the court that Chillous wished to plead not guilty to the indictment charges, asserted his speedy trial rights and requested discovery evidence from the prosecution.

Judge Ryan insisted that the trial be set in 2026, however the prosecutor informed the court that their trial schedule next year was unavailable for this case. Judge Ryan said pushing back trials so far is not fair to defendants.

“We have to do a better job,” Judge Ryan said.

Parties tentatively scheduled the trial for March 1, 2027.

Parties are slated to reconvene on March 13.

Judge Waits for Legal Confirmation Before Ruling on Shooting Evidence

DC Superior Court Judge Michael Ryan decided to wait until he had legal confirmation before suppressing nearly all evidence in a nonfatal shooting case on Nov. 21.

Anthony Goncalves, 53, is charged with assault with intent to kill while armed against a minor, aggravated assault knowingly while armed against a minor, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. The charges stem from his alleged involvement in a non-fatal shooting on Nov. 29, 2023 on the 3900 block of Minnesota Avenue, NE. A 14-year-old boy sustained nine gunshot wounds.

Goncalves appeared via Webex during the hearing.

Defense attorney James Brockway argued that all evidence should be suppressed due to an August DC Court of Appeals ruling.

In United States v. Wells, judges ruled that GPS monitoring does not have a “good faith exception,” meaning that it can be excluded as evidence when obtained in a manner that violated the Fourth Amendment protection against unreasonable search and seizures. In Wells, the decision was based on the fact that the Court Services and Offender Supervision Agency (CSOSA) is a law enforcement agency, and thus does not have authority to impose GPS monitoring without authorization from a judge.

According to court documents, Goncalves was on parole at the time of the incident. A defense motion to suppress evidence says the Metropolitan Police Department (MPD) identified Goncalves as a suspect because of GPS monitoring that was imposed by CSOSA without judicial authorization.

The prosecution in Goncalves’ case agreed that based on this ruling, the “vast majority” of evidence should be suppressed. This would lead to the case no longer being prosecuted.

Judge Ryan said he did not know if he could rule on this case yet because he had not seen a mandate from Wells that would make it law.

“If indeed Wells is the law right now, then I would just rule on this case now,” he said.

Brockway argued that it does not matter if there is a mandate. Judge Ryan disagreed and gave parties time to figure out if he can rule on this case based on Wells.

Parties are set to reconvene on Dec. 8.

Shooting Defendant Accepts Plea Deal, Denied Release Pending Sentencing

A shooting defendant was denied release after he accepted a plea deal before DC Superior Court Deborah Israel on Nov. 20.

Jaquan Proctor, 23, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his involvement in a shooting aimed at his mother and brother on the 5500 block of Illinois Avenue, NW on July 30.

Judge Israel noted that a report from the Department of Behavioral Health (DBH) indicated Proctor mentally competent to proceed with the case. She also mentioned that she received a waiver of indictment, waiver of DNA testing, and plea agreement.

Proctor’s attorney, Karen Minor, told the court that Proctor would be pleading guilty to one count of assault with a dangerous weapon in exchange for prosecution not seeking an indictment on any remaining or greater charges and keeping the sentence at the bottom one-third of the sentencing guideline.

The prosecutor stated that their evidence would’ve proven beyond a reasonable doubt that on July 30, Proctor was arguing with his mother when his brother intervened, shifting Proctor’s aggressions towards his brother. Proctor threatened to grab his pistol, which led to his mother and brother hiding in their bedroom and shutting the door. Proctor wedged his pistol between the door, before the door fully shut, shooting a round into the bedroom.

Minor requested Proctor be released pending his sentencing on the basis that he realized the seriousness of the crime, is participating in anger management classes, and had a place to stay with his aunt and grandma, away from his mother and brother. Minor also mentioned that Proctor was extremely introspective and was focused on becoming a good father for his daughter.

The defendant spoke before Judge Israel, stating that he had time to think and wanted to become a better man and father for his daughter by getting medication and therapy to improve his mental health.

The prosecutor requested Proctor stay jailed as the only fact that has changed from the previous hearing was that he accepted the guilty plea. They highlighted that Proctor could have easily been charged with two counts of assault with a dangerous weapon, one against his brother and the other against his mother. They also mentioned how this incident was particularly concerning because it could have caused serious damage.

Judge Israel denied the motion for release, explaining that defense did not provide clear and convincing evidence to ensure the safety of the community.

Judge Israel ordered for a pre-sentencing report and Youth Rehabilitation Act (YRA) report to more fully understand the defendant. The YRA allows for younger defendants’ convictions to be sealed if they successfully complete all sentencing requirements and gives judges flexibility in sentencing. Judge Israel explained to Minor that while she was denying release, she was still open to having arguments on sentencing with the YRA in consideration after receiving these reports.

Parties are slated to reconvene on Feb. 6 for sentencing.

Shooting Defendant Accepts Plea Deal

A shooting defendant accepted a plea deal before DC Superior Court Deborah Israel on Nov. 20.

Martez Robinson, 29, was originally charged with assault with a dangerous weapon for his involvement in a shooting on the 3400 block of 15th Street, SE on June 8. No injuries were reported.

Robinson’s attorney, Elliott Queen, alerted the court of Robinson’s intent to accept a plea deal extended by prosecutors.

The deal required Robinson to plead guilty to the assault with a dangerous weapon charge and carrying a pistol without a license in exchange for the prosecution not seeking an indictment on any remaining or greater charges and keeping the sentence at the bottom one-third of the sentencing guideline.

The prosecutor stated that their evidence would’ve proven beyond a reasonable doubt that on June 8, Robinson was upset upon entering the apartment and retrieved a gun from a room. When the victim and apartment owner tried to calm Robinson, he aimed the gun at the victim’s head. Robinson then left the apartment and shot two bullets randomly.

Judge Israel accepted the guilty plea and ordered a pre-sentence report be submitted.

Parties are slated to reconvene on Feb. 6 for sentencing.

Frustrated Homicide Defendant Gets New Attorney

A homicide defendant addressed concerns and frustration about past rulings and unaddressed motions on Nov. 21, before DC Superior Court Judge Jason Park.

Deonte Spicer, 39, 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 convict, for his alleged involvement in the fatal shooting of Tyvez Monroe, 27, on Dec. 26, 2023, on the 600 block of Maryland Avenue, SW.

Defense attorneys Sara Kopecki and Janai Reed, who previously represented Spicer, were permitted to withdraw from the case, with only Kopecki present for the hearing. Judge Park appointed Daniel Dorsey as Spicer’s new attorney. The prosecution noted that this is the fifth time Spicer has been assigned new counsel.

At the start of the hearing, Spicer asked to speak directly with the judge. Judge Park allowed him to raise his concerns. Spicer questioned the finding of probable cause from an earlier hearing, asserting that he spent a year in jail “when [he] could have been home.” He also alleged that motions previously filed at the preliminary stage were not handled properly, stating that Kopecki was expected to refile them but never did.

Judge Park told Spicer that Dorsey could refile any necessary motions and that the court would review his concerns once those filings were submitted.

Spicer also said he was confused about the cancellation of his trial date, which had been scheduled for February 2026. The judge said he did not know the reason but encouraged Spicer to remain patient as his newly appointed counsel became familiar with the case.

The prosecution requested that the trial date, which was scheduled for July of 2026, be moved earlier, estimating the trial would last about one week. Both the defense and the judge agreed to adjust the schedule, with new dates to be set after Dorsay reviews the case file.

The parties are slated to reconvene on Dec. 19.

Document: MPD Makes Arrest in Northeast Stabbing

The Metropolitan Police Department (MPD) announced the arrest of 49-year-old Gerard Fitzgerald Roseby in connection with a stabbing incident that occurred on Nov. 26 on the 1600 block of Kenilworth Ave, NE. The suspect allegedly intervened in an argument and stabbed an adult male victim, who was treated for non-life-threatening injuries. Roseby was charged with Assault with a Dangerous Weapon (Knife) after being apprehended on Nov. 28.

Defendant’s Transfer to Local Jurisdiction Approved in Rapper’s Homicide Case

DC Superior Court Judge Jason Park approved a request to transfer a homicide defendant back to the District and hold him at the DC Jail on Nov. 21.

John Wilkins, 36, Marcel Gavin, 38, Darryl Little, 32, Kharee Jackson, 32, and Earl Robinson, 33, are charged with three counts of first-degree murder while armed, premeditated first-degree murder while armed, assault with intent to kill, assault with significant bodily injury while armed, three counts of robbery while armed, nine counts of possession of a firearm during a crime of violence, and conspiracy. The charges stem from their alleged involvement in a mass shooting that resulted in the death of 21-year-old Albert Smith, Jr., a Tennessee rap artist, on June 14, 2020 on the 1300 block of Congress Street, SE. Another individual sustained injuries during the incident.

Kevin Irving, representing Robinson, requested that Robinson be returned to the District and held specifically at the DC Jail, noting concerns that he would otherwise be housed “in the Northern Neck” jail in Virginia. Judge Park granted the request.

Sara Kopecki, representing Jackson, and Bernadette Armand, representing Wilkins, told the court that their clients have struggled to access a computer at the jail, despite having permission to do so. Judge Park acknowledged the resource limitations at the DC Department of Corrections (DoC) and said he would contact DoC officials to attempt to secure guaranteed laptop access for the defendants.

The court confirmed that trial for Robinson, Jackson, and related co-defendants will begin Aug. 17, 2026, and is expected to run through approximately Sept. 18, 2026. The prosecution estimated the trial would take six weeks to encompass all cases, and the defense agreed.

The parties are slated to reconvene on June 24, 2026.

Judge Drops Two Charges as Co-Defendant Refuses Transport Exit

DC Superior Court Judge Jason Park dismissed two charges for a non-fatal shooting defendant and waived the appearance of his co-defendant who refused to get off transport on Nov. 21.

Nikia Cunningham, 31, and Bernard Vance, 31, are charged with robbery while armed, five counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, unlawful possession of a firearm, second degree cruelty to children, carrying a pistol without a license outside a home/business, and unlawful possession of ammunition. This stems from their alleged involvement in a non-fatal shooting on the 300 block of Franklin Street, NE, on March 28, 2023. One individual sustained gunshot wounds during the incident.

Cunningham is additionally charged with aggravated assault knowingly while armed, assault with a dangerous weapon, and possession of an unregistered firearm.

Vance is additionally charged with another count of carrying a pistol without a license outside a home/business and tampering with physical evidence.

Cunningham’s attorneys, Jesse Winograd and Carrie Weletz, told the court that her appearance had been waived after a Marshal reported that she refused to get off the transport bus upon arriving at the courthouse. Winograd said the behavior was unusual for his client, and the judge responded that he would not draw conclusions if it was an isolated incident.

The prosecution also stated that they intended to dismiss the carrying a rifle or shotgun outside a home or business and possession of a large capacity ammunition feeding device charges against Vance with prejudice. This decision means both charges have been dropped, and the prosecution is now legally barred from filing the same claim again.

Winograd indicated that the defense intended to discuss limiting the prosecution’s references to Cunningham’s prior convictions. However, Wole Falodun, representing Vance, said most pending motions were “not pressing” and could be resolved directly with the prosecution. The prosecution and Winograd agreed that outstanding evidentiary questions could be handled collaboratively or addressed during trial.

The parties are slated to reconvene on Dec. 8 for jury trial.

Murder Defendant Sentenced, Co-defendant’s Sentence Suspended

Two individuals involved in a fatal shooting were sentenced by DC Superior Court Judge Todd Edelman on Nov. 21.

On June 18, Antoine Tucker, 31, pleaded guilty to voluntary manslaughter while armed for his involvement in the fatal shooting of 36-year-old Vernon Harrison on June 22, 2022 on the 2800 block of Alabama Avenue, SE. Through the deal, parties agreed to a sentencing range of nine-and-a-half years-to-12 years.

Nakia Pearson, 32, pleaded guilty to attempting to carry a pistol without a license for her involvement in assisting Tucker with his crime.

At the hearing, the prosecution argued that Tucker receive the maximum sentence of 12 years, given that the incident caused the death of a bystander and the defendant’s substantial prior record, indicated that Tucker needed to “learn his lesson”.

Tucker’s defense attorney, Terrance Austin, argued that Tucker experienced a difficult upbringing, and requested the minimum sentencing guidelines. Austin offered Judge Edelman insight into Tucker’s early childhood memories about his mother’s substance abuse with heroin, and his experience with teenage homelessness– arguing that while his youth influenced what happened, Tucker has since shown remorse.

“Antoine Tucker is not a monster,” Austin said. “He is not a person without values or morals, or deserves to be locked up in a prison for the rest of his life.”

Austin also told Judge Edelman that Tucker’s time in the DC Jail has led to rehabilitation services for his mental health, as well as medication to help regulate his behavior. Austin emphasized that Tucker was determined to complete his GED and expand his skillset in order to maintain permanent employment to support his own family.

Austin also read a letter from Tucker’s wife to the court, that stated that she was the first person in Tucker’s life to say she was proud of him.

“[Tucker] has potential,” Austin said. “He has always had potential. He has just never had the platform to use it before.”

Judge Edelman acknowledged that a much longer sentence would normally be considered for the incident, and raised concern about Tucker’s record, which contained a number of violent offenses, gun offenses, and misdemeanors since 2014 across both DC and Maryland.

Ultimately, Judge Edelman agreed with the prosecution and stated that the defense’s argument for the minimum sentence, as well as Tucker’s history with his wife would be more mitigating if Tucker was younger.

Tucker was therefore sentenced to 11-and-a-half years of incarceration with five years of supervised release where Tucker must maintain employment and vocational training. Judge Edelman also ordered that upon his release, Tucker must complete a mental health assessment, maintain a stay-away order, and register as a firearm offender.

Judge Edelman also ordered that Tucker must be placed within 180 miles of Washington D.C. and complete his GED while incarcerated.

Pearson’s defense attorney, Peter Odom, stated that Pearson did not know anything about the crime, and would continue to refuse to plead guilty to anything that relates her directly to the homicide.

Odom stated that there was nothing in Pearson’s past that showed that she would hide or plan the “heinous crime” that took place, and therefore requested a sentence of probation. Odom also spoke highly of Pearson, saying that, “In many ways she is a success story, and she is an incredible mom.”

Pearson was sentenced to 120 days of incarceration, all of which was suspended, and six months of probation without supervision, with the condition of a stay-away order.

Judge Edelman acknowledged that Pearson had remained on release for more than two-and-a-half years and maintained perfect compliance, and stated that he does not believe that she requires further supervision.

No further dates were set.

Document: MPD Arrests Juvenile for Two Northeast Shootings

The Metropolitan Police Department (MPD) announced the arrest of a 17-year-old juvenile male for involvement in two separate shootings in Northeast. On Oct. 31, a teenage male victim was shot on the 1300 block of 49th Street, and on Nov. 11, an adult male victim was shot on the 1600 block of Kenilworth Avenue. Both victims survived with non-life-threatening injuries. The juvenile suspect has been charged with Assault with a Dangerous Weapon (Gun) for both incidents.

Defendant Accused of Committing First Murder of 2024 Rejects Plea Deal

A murder defendant, accused of committing the first murder of 2024, rejected a plea offer before DC Superior Court Judge Jason Park on Nov. 19.

Jelani Cousin, 20, is charged with first-degree premeditated murder while armed, second-degree murder while armed, two counts of assault with intent to kill while armed, two counts of assault with a dangerous weapon, six counts of possession of a firearm during a crime of violence, two counts of threat to kidnap or injure a person, and attempted second degree sex abuse–incompetent for his alleged involvement in the fatal shooting of 18-year-old Ashlei Hinds on Jan. 1, 2024. This incident occurred at a hotel on the 4000 block of Military Road, NW. The incident occurred at 1:18 a. m.

Cousin’s defense attorney, Kevin Mosley, told the court that he intended to reject a plea offer extended by prosecutors. The deal required Cousin to plead guilty to second-degree murder, aggravated assault, and assault with intent to kill, in exchange for the other charges being dismissed. If he accepted, the parties would agree to a sentencing range of 19-to-24 years of imprisonment.

Due to his rejection parties scheduled a trial for March 2027.

Parties are slated to reconvene on Feb. 5, 2026.

Stabbing Defendant Pleads Guilty

A suspect involved in a non-fatal stabbing accepted a plea deal before DC Superior Court Judge Todd Edelman Nov. 21.

Oscar Salgado-Aquilar, 51, was originally charged with two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, three counts of assault with a dangerous weapon, two counts of assault with significant bodily injury while armed, assault with significant bodily injury, two counts of threat to kidnap or injure a person, and two counts of robbery.

The charges stem from his alleged involvement in a stabbing that occurred on the 1400 block of T Street NW on Dec. 5, 2020. Salgado-Aquilar’s wife and stepdaughter sustained injuries during the incident.

At the hearing, Salgado-Aquilar accepted a deal that required him to plead guilty to aggravated assault and assault with a dangerous weapon, in exchange for the prosecution dismissing all other charges.

According to the prosecution, had the case gone to trial, they would have proven beyond a reasonable doubt that Salgado-Aquilar was arguing with his wife at home, in front of their children, and stabbed her numerous times. The victim’s daughter–Salgado-Aquilar’s stepdaughter– attempted to stop him from attacking her mother, and suffered stab wounds on her hand and finger.

The prosecution also asked to tighten Salgado-Aquilar’s release conditions prior to sentencing. Kevin O’Sullivan, Salgado-Aquilar’s defense attorney, argued that he has been on release for the last five years and has remained in perfect compliance, additionally stating that he had recently received a promotion at his job.

Judge Edelman said he believed that Salgado-Aquilar did not indicate any signs of flight-risk or pose a danger to the community, and therefore denied the prosecution’s request for stepped back release.

Parties are slated to reconvene for sentencing on Feb. 20, 2026.

Near-Fatal Shooting Defendant Pleads Not Guilty at Arraignment

A defendant allegedly involved in a near-fatal shooting pleaded not guilty before DC Superior Court Todd Edelman on Nov 21.

Ke’Shaun Farmer, 26, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, malicious disfigurement while armed, assault with a dangerous weapon, endangerment with a firearm, threat to kidnap or injure a person, five counts of possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or a business. The charges stem from his alleged involvement in a shooting incident that occurred on Feb. 18 on the 3700 block of Jamison Street, NE.

During the hearing, Farmer pleaded not guilty to all charges. Farmer’s defense attorney, Bernadette Armand, alerted Judge Edelman that the defendant was having difficulty accessing evidence discovered prior to his trial date, which is set for April 20, 2026.

Judge Edelman stated that he would reach out to the Department of Corrections (DOC) to allow Farmer to gain access to a computer to view discovery.

Parties are slated to reconvene on Dec. 18.

Judge Questions Shooting Defendant’s Release Compliance

DC Superior Court Judge Todd Edelman raised a concern for judicial action for a shooting defendant’s ability to maintain a permanent address on Nov. 21.

Demetry Ferguson, 31, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, assault with a dangerous weapon, three counts of possession of a firearm of ammunition, possession with intent to distribute a controlled substance, and possession of an unregistered firearm.

The charges stem from his alleged involvement in a non-fatal shooting on Sept. 8, 2024 on the 4400 block of E Street, NW.

According to court documents, the victim was Ferguson’s baby’s mother’s new boyfriend.

On Oct. 10, 2024, DC Superior Court Judge Anthony Epstein released Ferguson with GPS monitoring, as well as stay-away orders and a curfew between 10 p. m. and 6 a. m.

Judge Edelman also granted that Ferguson could spend up to three days a week at his grandmother’s home to assist in her care on Feb. 20.

During the hearing, Judge Edelman raised a concern with Ferguson’s defense attorney Steven Kiersh, regarding a report from the Pretrial Services Agency (PSA) noting Ferguson’s inability to keep a permanent address to maintain his release conditions. Kiersh told Judge Edelman that he was planning to file a motion to terminate his release that will allow him to stay at an alternative address with a curfew.

The prosecution also put a plea offer on the record, that if Ferguson pleaded guilty to aggravated assault while armed, all other charges would be dismissed. Kiersh requested more time to speak with his client about the offer.

Parties are slated to reconvene on Dec. 22.

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