Case Acquitted: Witness Testifies Argument was ‘Worse Than Fighting Words’ in Funeral shooting

This case was acquitted on Dec. 1, 2023.

On Nov. 28, a witness testified that he does not know where the first gunfire came from in a non-fatal shooting trial in front of DC Superior Court Judge Jason Park.

Saphire Johnson, 24, is charged with aggravated assault while armed and assault with a dangerous weapon, among other charges, for her alleged involvement in a non-fatal shooting that occurred on Sept. 28 at the 4000 block of Alabama Avenue, SE.

The shooting occurred outside in a parking lot of Johnson’s grandmother’s church funeral after a dispute between family members. Two people, including Johnson, sustained non-life-threatening injuries during the incident.

The first witness was Johnson’s younger cousin who was present during the incident. The prosecution began by asking Johnson’s cousin if he had unrelated charges in another case and that he was not promised anything besides immunity for his testimony in this case.

Johnson’s cousin admitted he was under the influence of several drugs the day of the incident and just remembers he was “trying to stop her [Johnson] from causing more harm” when he ran after Johnson in the parking lot and punched her in the back of the head.

.According to the witness, he saw Johnson with the gun pointed towards him and he ran away.

He said he did not see anyone else with a gun that day after the funeral and did not hear Johnson threatened.

During cross-examination, the defense argued the witness was intoxicated and that he didn’t know what the argument was about between Johnson and her family members.

The defense said, “You don’t remember Saphire’s being threatened” and that Johnson’s cousin did not see her holding a gun during the argument in the parking lot.

Varsha Govindaraju and Christen Philips, Johnson’s defense attorneys, asked the witness about his previous charges of carrying a firearm without a license and his pending armed robbery case . The defense followed up that Johnson’s cousin has a reason to get on the good-side of the prosecution.

The defense then questioned the witness about his punching Johnson in the back of the head.

The witness said he does not remember a lot of that day because he “was high” and does not know where the first shots came from.

During redirect, the prosecution asked about the tone of the argument in the parking lot and he said they sounded angry and it sounded “worse than fighting words”. The prosecution also argued that the witness did not signal for anyone to come over to help him after he punched Johnson.

The defense called on two investigators from the Public Defender’s Service (PDS) to recreate the crime scene. The photos from the parking lot were presented to the jury, which prosecutors argue did not show where Johnson parked the day of the incident.

The trial will resume on Nov 29.

Parties in Non-Fatal Shooting Case Can’t Agree on Plea Offer

On Nov. 29, DC Superior Court Judge Lynn Leibovitz continued a non-fatal shooting case after the parties couldn’t agree on a plea offer.

Briana Milam, 33, was arrested and charged with unlawful possession of a firearm, and unlawful discharge of a firearm for her alleged involvement in a non-fatal shooting that occurred on Aug. 21 on the 1500 block of Maryland Avenue, NE. No injuries were reported.

During a status hearing on Nov. 29, a plea offer was presented by the prosecutors, but the parties gave up after three attempts to reach consensus.

Parties are expected to reconvene for a status hearing on Nov. 30.

Judge Continues Murder Trial Date and Warns Defendant to Stay in Release Compliance

On Nov. 28, DC Superior Court Judge Maribeth Raffinan granted defense’s motion to continue a trial date in a homicide case and denied the prosecution’s request to detain the defendant.

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.

Barnes’ defense attorneys, Pierce Suen and Molly Bunke, argued they would not be available for the original trial date of Jan. 30, and needed more time to conduct further DNA evidence testing. Judge Raffinan granted the motion and the new trial is expected to start July 28, 2025.

Prosecution requested Barnes be detained due to his failure to report for drug testing and a substance abuse assessment.

Barnes’ defense attorneys rebutted he had been given multiple dates to attend by the Pretrial Services Agency (PSA) and had alerted them he wasn’t feeling for one of those appointments.

Barnes told the judge he had been showing up on one scheduled day per week and did not know if he was expected to show up on a different day.

Judge Raffinan warned Barnes he was at risk of detention if he did not show up for his next substance abuse assessment that is scheduled for Nov. 29.

Parties are expected to reconvene Jan. 10 to continue the motions hearing.

Imposing Sentence Judge Says to Murder Defendant, ‘You Have to Start by Forgiving yourself’

On Nov. 27, Darquise Montgomery was sentenced to 12 years in prison by DC Superior Court Judge Rainey Brandt in an emotional hearing.

Montgomery, 20, was originally charged with first-degree murder, two counts possession of a firearm during a crime of violence, assault with intent to kill while armed, and carrying a pistol without a license for his involvement in the murder of 25-year-old Anthony Lee on Sept. 26, 2020, on the 2900 block of Martin Luther King Jr. Avenue, SE.

On July 6, Montgomery accepted a plea deal that lessened his charge to second-degree murder while armed, and dismissed all other counts.

Before the sentencing, Lee’s mother gave a victim impact statement, stating “I want to let this young man know he gets a second chance and my son is not going to get a second chance.” She also said, “If you have kids, you’ll be a father, something you took away from my son.”

Lee’s mother mentioned the uptick in violence saying, “I’m 64 now, it’s just too much, somewhere along the line we dropped the ball.”

Judge Brandt acknowledged the problem plaguing the community saying, “If Martin Luther King was alive today he would be woefully embarrassed.”

Following the victim impact statement, Montgomery gave an emotional response, “I apologize to the family of Anthony Lee and my family,” adding, “I was blind and thought I was the product of my environment.”

Montgomery expressed remorse for his actions and did not want Lee to have died in vain. He said, “I’ll be an advocate to show that people can change.” He wants people in his community to know that there are other ways out, ways to avoid the path he took.

Judge Brandt responded, “I’m not mad at you.” She added, “You know and only you know what you’ve endured and had to live with.” She said, “I am going to accept your apology on behalf of the citizens of the District of Columbia.”

Judge Brandt said of his character, “I don’t see that in a lot of young people sitting where you’re sitting,” adding, “You have to start by forgiving yourself.” She said what he has shown the court affected the weight of the sentence.

Kyrie Wells, 21, a co-defendant, was sentenced to 14 years for the same murder. Judge Brandt said, “You are not Kyrie Wells.”

She sentenced Montgomery to 12 years in prison as well as 5 years of supervised release. As a part of his sentence, he is required to get his General Education Diploma (GED) and register as a gun offender.

Before being taken back by US Marshals, Montgomery made a request to hold his baby son, Judge Brandt stated that it was up to the Marshals to make the decision, without a response. Montgomery waved goodbye to his son and his family and said, “I love you.”

Eyewitness Testifies About Stabbing in 2018 Murder Trial

On Nov. 28, an eye witness testified in a 2018 murder trial in front of DC Superior Court Judge Rainey Brandt.

Marquette Jordan, 32, is charged with second-degree murder while armed, assault, and carrying a dangerous weapon outside of a home or business with a prior felony, for his alleged connection to the fatal stabbing of 40-year-old Ivan Lynch on April 30, 2018 at the 900 block of 5th Street, SE.

According to the witness he had known Lynch and Jordan for a similar amount of time.

He said he was at a barbecue with his son, Lynch and Lynch’s kids during the day. Later, they dropped the kids off and went to pick up Jordan, a girl and her children to bring them to the witness’ mother’s apartment. He said the car ride was going fine until Jordan and Lynch began arguing, but the witness ignored it.

The witness said when they arrived at the apartment, Jordan got angry with the girl and said he would “whoop her a**.” In his testimony, the witness said Jordan swung at the girl and then Lynch approached trying to intervene. He saw Jordan and Lynch start fighting in the apartment and was yelling at Jordan to stop because he was the alleged aggressor.

According to the witness, he saw Jordan grab a knife and swing it three to four times at Lynch.

The witness became frightened and kicked everyone out of his apartment and called 911. He said, “I called 911 to make sure [Lynch] was ok.”

The prosecution showed body-worn camera footage from the police who arrived on the scene. Initially police officers handcuffed the witness but later released him.

After the canvassing of the scene, the witness was taken to the police station and said he initially didn’t tell the truth to detectives because he did not want to be involved with the case.

According to the witness, detectives mentioned his son’s murder, which occurred earlier in the year. The detectives compared his situation to that of Lynch’s family, and asked whether he would want to know who killed his son. That compelled him to tell detectives what happened.

The prosecution showed video footage from the interview with the witness saying he saw Jordan with the knife and that he made stabbing motions towards Lynch.

The prosecution asked if there is any doubt in the witnesses mind that Jordan killed Lynch and he responded, “no.”

Due to time constraints, the witness was unable to finish his testimony and will continue at the next date.

Parties will reconvene Nov. 29.

Judge Grants Motion to Modify Release Conditions for Homicide Defendant

On Nov. 28, DC Superior Court Judge Maribeth Raffinan modified the release conditions of a homicide defendant so he could get a job.

Dwayne Maurice Brooks, 25, is charged with first-degree felony murder in connection to a shooting that occurred on Aug. 25, 2022 on the 800 block of 7th Street, NW. The shooting resulted in the death of 21-year-old Juwaan Henry.

Brooks’ defense attorney, Megan Allburn, argued Brooks was couldn’t be employed due to his home confinement. Allburn asked the court to modify his release conditions, representing that Brooks had been in full compliance and would still have his GPS monitor to track his whereabouts.

Prosecution rebutted the court had found probable cause for Brooks’ involvement in a homicide, and argued he should not be able to be in public and had voluntarily quit his previous job.

Judge Raffinan ruled Brooks would be able to leave his home for interviews with prior permission. In addition, he will be allowed to leave his house for a couple of hours a day on Tuesdays and Thursdays to search for jobs.

Parties are expected to reconvene Dec. 15 for a status hearing.

Prosecutor’s Request to Revoke Homicide Defendant’s Release Denied

On Nov. 28, DC Superior Court Judge Robert Okun denied a prosecutor’s request to revoke a homicide defendant’s release.

Dwayne Fountain, 43, is charged with second-degree murder while armed for his alleged involvement in the fatal beating of 47-year-old Marcus Carey that occurred on May 4 on the 3500 block of Hayes Street, NE.

According to court documents, Fountain allegedly beat Carey to death with a bat.

During the hearing, the prosecution explained that there had been alleged violations of Fountain’s release, including his home confinement and weekly spot drug testing requirements. The prosecution said these violations could indicate Fountain is using drugs and that his release should be revoked.

In response, Fountain’s defense attorney, Jason Tulley argued that the two alleged violations of home confinement were not accurate–one being only four minutes and the other being twenty minutes. Tulley emphasized that Fountain barely left his home to go to the laundry room in his apartment complex, much less left for extended periods. Tulley argued that the GPS monitoring system for home confinement is extremely vague, and could have been inaccurate.

According to Tulley, Fountain did not appear for his weekly drug test on Nov. 23 because of Thanksgiving, and the courts being closed. In response the prosecution said that his testing was actually supposed to be on Nov. 22, and that Fountain did not appear.

Tulley argued that Fountain was confused by this change in his testing schedule, and that he tested this week to make up the requirement.

In response to Fountain’s missing his testing last, Judge Okun exclaimed, “I am completely persuaded by the defense’s explanation as to why he didn’t report last week”.

Judge Okun then denied the prosecution’s request to revoke Fountain’s release, explaining that these alleged violations do not deem Fountain a danger to public safety.

The parties are expected to return Jan. 12.

Case Acquitted: Witness Who Wounded Non-Fatal Shooting Defendant Testifies About Funeral Melee

This case was acquitted on Dec. 1, 2023.

On Nov. 27, the man who admitted wounding non-fatal shooting defendant Saphire Johnson after a funeral testified before DC Superior Court Judge Jason Park.

Johnson, 24, is charged with aggravated assault while armed and assault with a dangerous weapon, among other charges, for her alleged involvement in a non-fatal shooting on Sept. 28 at the 4000 block of Alabama Avenue, SE.

The shooting occurred outside of Johnson’s grandmother’s church funeral after a dispute between family members. Two people, including Johnson, sustained non-life-threatening injuries during the incident.

The prosecution called Johnson’s cousin, who shot Johnson, and was granted full immunity by the prosecution for his testimony.

According to the witness, he had not been involved in the original dispute. He stated that he saw bullets fly and Johnson firing, which prompted him to pull out his own gun and fire a shot at Johnson, striking her leg.

When the prosecution asked why he was carrying a gun that day, he said “We live in DC, you can’t go to amusement parks, you can’t go to a zoo. You can’t go anywhere without their being a shooting.” The firearm was illegally owned, but he will not be prosecuted as part of the deal.

The witness said that he did not see a man approach Johnson with a gun as the defense claims. However, he did say he feared for his life, stating “I feel like if I didn’t do what I did, I could’ve been dead that day.”

Defense attorneys Varsha Govindaraju and Christen Phillips revealed after the incident, the witness threw the gun into the woods. Six weeks later, he was arrested on charges relating to a second illegally owned firearm, but those charges were subsequently dropped by prosecutors irrespective of his immunity in this case.

Defense then claimed that the witness had been drunk and high the day of the shooting. He admitted to having taken a few shots before the funeral, but said he was “just tipsy, not drunk”.

According to the defense, the man who had been attacking Johnson told her “I should’ve killed your ass a long time ago,” but the witness said he did not hear that. The witness also stated that he “blacked out” during the shooting and could not remember many details.

One witness who began her testimony on Nov. 21 identified herself as the aunt of the man who allegedly attacked Johnson. She had been in the middle of the argument that sparked Johnson’s shooting.

According to the defense, the man had been threatening his daughter before approaching Johnson with his hand over his shoulder as if reaching for a gun. However, the witness said that she did not hear threats or see him reaching for a gun.

According to her, she grabbed the alleged attacker’s arm and pulled him away from the argument. However, this is apparently inconsistent with surveillance footage but she said “I can’t explain that. I can only tell you what I experienced.”

The witness testified after Johnson began shooting, she drove away and did not see either Johnson or the victim get shot.

TThe trial will continue to Nov 28.

Homicide Defendant’s Sentencing Postponed a Second Time

On Nov. 28, DC Superior Court Judge Robert Okun continued a homicide defendant’s sentencing for discussion of a pending plea agreement. The decision followed an annulment of his original ruling which the Federal Bureau of Prisons (BoP) deemed unlawful.

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

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

On Oct. 23, following a report from the BoP, which stated the sentence previously imposed by Judge Okun didn’t meet the agency’s guidelines, he vacated it.

Once the sentence was vacated, Young’s attorney, Kevin Mosley, requested Young be transferred back from the BoP to DC Jail, to better communicate with his client for next steps. Judge Okun agreed ordering Young placed in the DC Jail as he awaits further proceedings.

Mosley explained that he needs significant time to discuss the pending plea agreement with Young, and requested the sentencing be continued–a request the judge granted.

Under the agreement Young would plead guilty to two counts of second degree murder while armed, in exchange for a dismissal of all other charges.

This is the second time that Young’s sentencing has been postponed, as parties continue to discuss how to move forward.

Parties are expected back on Dec. 19.

Help Bring Accountability to our Criminal Justice System

“Everyone has a plan until they get punched in the face,” Mike Tyson said.

DC is getting punched in the face. Homicides are up. Shootings are up. Carjackings are up.

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A vital part of reducing our city’s crime, and paradoxically reducing the number of people incarcerated, is for the criminal justice system to work properly. But the system is designed to prevent you, the DC resident, from really knowing what is going on and therefore hold our officials and systems accountable.

For eight years D.C. Witness has gone beyond headlines, to tell readers what is actually happening, without agenda or bias. In 2023 we introduced the D.C. Witness Victim Notification System that allows DC residents to follow cases in real time. That is something the city should do, but it does not.

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Case Acquitted: Prosecution Delivers Closing Statements in Non-Fatal Shooting Trial

This case was acquitted on Dec. 1, 2023.

On Nov. 27, the prosecution in the non-fatal shooting case of Saphire Johnson presented closing arguments in front of DC Superior Court Judge Jason Park.

Johnson, 24, is charged with aggravated assault while armed and assault with a dangerous weapon, among other charges, for her alleged involvement in a non-fatal shooting that occurred on Sept. 28 at the 4000 block of Alabama Avenue, SE.

According to the defense, Johnson was acting in self-defense after being attacked by three men, and began shooting after she perceived one of the men to be reaching for a gun. The prosecution argues that Johnson instigated the incident and that the men who attacked her were not carrying guns.

In their closing arguments, prosecutors explained the meaning of self-defense, saying that Johnson’s actions were not reasonable in comparison to the perceived threat. They also insist that the man she saw reaching for a gun did not have a gun.

The prosecution disputed that two men involved in the melee had motives to attack Johnson which caused her to shoot first. Defense attorneys said the men exchanged a pair of gloves as a signal to attack Johnson. The prosecution presented video surveillance footage the moment the gloves were exchanged showing there was “no planning” and there was “no signal.”

The prosecution argued, “If this was pre-orchestrated, then where was the signal?”

They also focused on the moment that Johnson was punched in the back of the head by one of the men. According to prosecutors, the attack was an attempt to stop Johnson, who was already instigating the incident.

Prosecution relied on surveillance footage of the incident, which they claim shows that Johnson was angry through her body language. They also point to the fact that the attackers appear to of have a gun, but the defense argues that a gun was about to be pulled when the attacker was obscured from the camera.

“How do you expect an 18-year-old to react to something he perceived would cause more death at a funeral?” they asked, discussing the man who is seen punching Johnson in surveillance footage.

Johnson was shot herself and the prosecution displayed video of various family members “scrambling frantically” to Johnson during the incident. According to the prosecution, this proves Johnson was the threat because those surrounding her were focused on stopping her, not the alleged attackers, because they “knew she was the real danger.”

They stated that Johnson “instigated and escalated” the incident and was the first person to reach for a gun that day, and they alleged that Johnson was not “adequately provoked to shoot at the victims.”

Prosecution said that even if Johnson did feel threatened, her reaction was unreasonable. “You don’t get to use deadly force on a possible threat,” the prosecution argued. They played surveillance footage that showed the moment Johnson began shooting, declaring that she had been angry and using “fighting words”.

“You can’t say you saw a 300-pound-tiger and it turns out to be an eight-pound-cat,” they argued.

Prosecution asked that Johnson be found guilty on all charges.

Judge Releases Defendant After Waiving Preliminary Hearing

At a Nov. 27 preliminary hearing, DC Superior Court Judge Eric Glover released a defendant charged in a non-fatal shooting case after considering his criminal history.

Anthony Calvin, 52, is charged with unlawful discharge of a firearm for his alleged involvement in a shooting incident that occurred in an alleyway on Nov. 9 on the unit block of Quincy Place, NW. No injuries were reported.

According to court documents, on the day of the incident, camera footage provided to the Metropolitan Police Department (MPD) by a witness shows Calvin walking into an alleyway at the location and firing a round from what appeared to be a handgun.

The witness told police that they were inside their residence when they heard a gunshot and they saw Calvin outside their window holding a silver firearm.

According to court documents, as MPD was processing the scene, Calvin walked out of his residence and was stopped by responding officers because he resembled the individual captured in surveillance footage. When stopped, Calvin told officers he didn’t hurt anyone, but that he had shot a fake gun.

At the hearing, Calvin waived his right to a preliminary hearing which was granted by Judge Glover.

Calvin’s defense attorney, Joseph Fay, requested Judge Glover release Calvin as he awaits further proceedings, stating he had not been charged with any other felony other than the current one and he was a handyman before his arrest.

Prosecutors, in asking that Calvin be held, said that he has an extensive criminal history dating back to the 1980s, without further explanation.

In considering both arguments, Judge Glover released the defendant on the condition that he is obligated to verify his home address with the Pretrial Services Agency (PSA) and is ordered to drug test with PSA due to a previous positive drug test for cocaine and PCP.

Parties are expected back for a felony status conference on Dec. 6.

Judge Denies Defendant’s Request For Change of Counsel in Makiyah Wilson Homicide

On Nov. 27, DC Superior Court Judge Robert Okun denied a homicide defendant’s request for a change of counsel.

Mark Price, 29, and Antonio Murchison, 30, are two of ten defendants charged with conspiracy, first-degree murder drive by or random shooting when the victim was especially vulnerable due to age or physical infirmity while armed, seven counts of possession of a firearm during a crime of violence, and seven counts of criminal street gang affiliation, among other charges, for their alleged involvement in a drive-by shooting that resulted in the murder of 10-year-old Makiyah Wilson on July 16, 2018 on the 300 block of 53rd Street, NE.

Price, Murchison, and other defendants are alleged to be part of the Wellington Park Crew, which prosecutors argue is a criminal gang. All other defendants have been convicted for their involvement, and sentenced to time in prison.

Murchison’s presence was waived for this hearing.

Price is also charged with first-degree murder while armed, four counts of possession of a firearm during a crime of violence, and two counts of assault with intent to kill, among other charged, for his alleged involvement in a separate shooting that occurred on July 30, 2018 on the 1500 block of 19th Street, SE, that resulted in the death of 47-year-old Andre Young. The incident left one additional individual suffering from non-life threatening injuries.

Through defense counsel, Megan Allburn, Price requested new counsel for the Wilson case, but not for the Young case. Reasoning behind the change of counsel request is being kept under seal. Allburn explained to the court that Price is aware that a change of counsel would most likely result in further delay of his trial, which he accepts. His trial for the Wilson murder was originally scheduled for June of this year, but was delayed twice until 2024.

The prosecution responded by stating that Price is already on his second attorney and if he is arguing a change of counsel based on the handling of certain DNA evidence, both cases have the same DNA evidence from Price’s vehicle. Considering this, she asked “Why do you want a change in counsel in one case and not the other?”

The prosecution continued by stating that they have concern because it is a 2018 case and the family of the victim has rights. She further explained that there is “no basis for Allburn to be replaced,” as she has been prepping for this case diligently and even attended the other Wellington Park trial.

Prosecutors also added that they do not want these cases severed, so if new counsel was granted, co-defendant Murchinson would also be forced to stay in jail longer as well.

Judge Okun stated that he will be denying the request for change of counsel as he has no concern over Allburn’s ability to provide effective counsel. He stated that he actually finds the opposite true and explained that, “I am concerned that if new counsel was appointed it would not be adequate.”

Okun also stated that “it would be prejudicial to victims, family, and the administration of justice to delay the trial or sever the cases.” He concluded by stating that he has “no concerns about her representing him effectively.”

Parties are set to return Jan. 11 for a status hearing.

Judge Detains Previously Released Homicide Defendant for Non-Compliance

On Nov. 21, DC Superior Court Judge Maribeth Raffinan granted a prosecutor’s request to revoke a homicide defendant’s release conditions due to non-compliance and newly charged offenses.

Tywan Morris, 28, is charged with second-degree murder while armed, carrying a dangerous weapon outside a home or business, and two counts of possession of a prohibited weapon for his alleged involvement in the fatal stabbing of Danielle Stuckey, 27, on Oct. 17, 2021, on the 2800 block of Alabama Avenue, SE.

Morris was originally arrested on the day of the incident, and remained detained until a judge released him on the High-Intensity Supervision Program (HISP) on Nov. 15, 2021. HISP is a program run by the Pretrial Services Agency (PSA), which requires the defendant to check in frequently and follow other release conditions.

On Nov. 21, prosecutors asked for a revocation of Morris’ release conditions due to his alleged tampering with a witness in the case.

Prosecutors, citing from an arrest warrant signed on Nov. 17, told Judge Raffinan that, on Oct. 31, Morris allegedly paid one of the witnesses not show up to court.

Prosecutors said the payments were near where the homicide took place.

Steven Kiersh, Morris’ defense attorney, said these allegations are untested, and argued that as part of his release conditions, Morris is on a GPS monitor. He said it makes sense he pinged in the location, because he lives nearby.

Additionally, prosecutors said that in the arrest warrant, Thomas allegedly made threats to an individual not involved in the homicide in February.

According to prosecutors, there were several instances where Thomas threatened to “slap them” as well as make other threatening gestures towards the individual.

Kiersh said this person needs to come in and be cross-examined about these allegations.

Prosecutors in asking to revoke Morris’ release conditions, asked Judge Raffinan to combine his alleged tampering with a witness offense and his 2021 indicted homicide case.

Additionally, prosecutors said Morris’s criminal history means he is a threat to the community.

Judge Raffinan granted the prosecutor’s request to hold Morris as he awaits further proceedings, arguing there are inconsistencies with his compliance while on release, and took into consideration the new charge of witness tampering.

Parties are expected to reconvene on Dec. 12 for a status hearing.

Detective Testifies in Preliminary Hearing Detailing Two Homicides in 2012, 2013

On Nov. 21, DC Superior Court Judge Maribeth Raffinan heard a detective from the Metropolitan Police Department’s (MPD) testimony regarding his involvement in the investigation of two homicides. .

Deangelo Opey, 31, is charged with second-degree murder while armed for his alleged involvement in the death of Anthony Weathers, 25, on the 300 block of V Street, NE. Weathers was found by responding officers on the 2000 block of 4th Street, NE, on Oct. 31, 2012.

Gregory Smithwick, 31, is charged with first-degree murder while armed for his alleged involvement in the death of Vernon Davis, 34, on the 1900 block of 3rd Street, NE, on Sept 13, 2013.

According to prosecutors, Opey and Smithwick are being treated as co-defendants because Smithwick is alleged to have killed Davis due to his involvement as a witness in an unrelated case against Opey.

The detective had been assigned the cases in 2019 after another officer who had investigated it in 2013 retired. According to the detective, because of the city’s crime rate, some cases get pushed aside after a while if they haven’t been solved and may get investigated again at a future date.

When asked about Smithwick and Davis’s relationship to one another, the detective testified that Smithwick and Davis allegedly knew each other in some capacity but he could not speak on the specifics of their relationship.

The prosecution then turned to ask the detective about Smithwick’s alleged confession.

The detective confirmed to prosecutors that Smithwick allegedly told a witness that he killed Davis when they allegedly picked him up at a shopping center days after the incident.

The detective told prosecutors that the witness, whom Smithwick confessed to, never told police what Smithwick’s motive for killing Davis was during the initial investigation.

Roderick Thompson, Opey’s defense attorney, in trying to get a sense of what the crime scene looked like, asked the detective about the 911 call that a witness made following the Davis murder.

The detective said he never got a chance to listen to the call or review any notes about what the scene looked like. According to the detective, there was no bodycam footage from other officers at the scene either.

Additionally, the detective said there was no forensic evidence linking Smithwick or Opey to the homicides.

According to the detective, there’s no footage of either incident, and MPD’s attempts at acquiring footage from a gas station near Davis’ murder scene were unsuccessful.

Due to scheduling conflicts, the detective is expected to resume his testimony on Dec. 1.

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