Uber Ride Violates Release Conditions in Non-Fatal Shooting

On Nov. 6, DC Superior Court Judge Maribeth Raffinan allowed a shooting defendant to remain on release following a technical compliance issue.

Delvin Pollard, 29, is being charged with two counts of assault with intent to kill, among other charges, for his alleged involvement in a non-fatal shooting directed at two police officers inside a vehicle. The incident occurred at the 300 block of Hawaii Avenue, NE on Dec. 6, 2019.

According to court documents, there were no injuries reported, but there were bullet fragments recovered from the vehicle.

Pollard has been on release since Oct. 21, 2022. He is under high intensity supervision, which includes a condition that requires him to stay away from the location of the shooting. His curfew was lifted in May, though the other conditions remained in effect.

According to Judge Raffinan, she received notice Pollard was in compliance with his release conditions with the exception of an incident in which, according to the defense, Pollard was traveling in an Uber to work and the driver passed through the location listed on his stay-away order.

Judge Raffinan stated that she did not believe this issue required any action. Prosecution did not object.

The next status hearing is set for Jan. 9. The trial is slated to begin May 13, 2024.

Jury Convicts Non-Fatal Shooting Defendant of Conspiracy

On Nov. 6, a jury found a defendant guilty of three charges in a 2023 non-fatal shooting before DC Superior Court Judge Sean Staples.

Tiaquana Chandler, 42, was convicted of conspiracy, aggravated assault while armed and possession of a firearm during a crime of violence for her involvement in a shooting that took place March 28, in an apartment on the 3400 block of 13th Place, SE. The incident left one individual suffering from a gunshot wound.

Chandler was acquitted of first degree burglary, assault with significant bodily injury while armed, soliciting a violent crime and an additional possession of a firearm during a crime of violence charge.

During the trial two witnesses, including the victim, gave testimony identifying Chandler and her son, Donnell Tucker, 27, as those responsible for the shooting and assault.

According to the victim, there was an argument between him and Chandler. After leaving the apartment, she returned with Tucker and they assaulted and shot the victim. The victim said it was Tucker who shot him and the other witness said she saw Tucker with the weapon.

According to prosecutors, under the law, Chandler was an aider and abetter, and can be found guilty of the actions taken by the shooter. The prosecutor said, “She put a person with a gun in that position,” referring to Tucker.

Chandler’s defense attorney, Thomas Healy, discussed the different levels of proof needed to convict someone of a crime. According to Healy, “This is a conspiracy case without a conspiracy”.

The defense argued that prosecutors did not provide enough evidence to prove that Chandler committed these crimes, “beyond a reasonable doubt”.

Chandler will remain on release as she awaits sentencing which is scheduled for Jan. 12.

Judge Denies Release Request for Non-Fatal Shooting Defendant During Presentments

At a Nov. 6 presentment hearing, DC Superior Court Judge Judith Pipe denied a defendant’s request for release.

Marquez Beasley, 31, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting on the 900th Block of Division Avenue, NE on Aug. 16. There were three individuals with reported injuries.

According to court documents, the Metropolitan Police Department (MPD) arrived at the location after being dispatched due to multiple gunshots. The shooting allegedly occurred after a dispute related to a car accident in which Beasley was involved. He allegedly shot at two of the individuals after they attempted to exchange information with him. The third victim was a bystander.

Judge Pipe found probable cause following prosecution’s argument that the complainants identified Beasley as the shooter.

Beasley’s defense attorney, John Machado, orally motioned for Beasley to be released as he awaits further proceedings.

Judge Pipe denied the defense’s request for release, deeming Beasley a danger to the community.

Parties are expected back for a preliminary hearing on Nov. 9.

Alleged Juvenile Carjacker Sent to Psychiatric Hospital

On Nov. 6, following a forensic evaluation by doctors at the court’s Urgent Care Clinic, DC Superior Court Judge Andrea Hertzfeld ordered a juvenile be detained at a psychiatric hospital in the District.

The juvenile is charged in connection to a carjacking that ended in the death of 13-year-old Vernard Toney Jr., on Oct. 28, on the 600 block of D Street, NW.

According to a Metropolitan Police Department (MPD) press release, the two juveniles were allegedly attempting to carjack an off-duty security officer. The officer was carrying a legally owned firearm, and shot Toney Jr. The defendant is alleged to have fled the scene.

During the Nov. 6 hearing, the juvenile’s defense attorney alerted Judge Hertzfeld that his client is still in the intake center at the Department of Youth Rehabilitation Services (DYRS) and has been bullied by 17- and 18-year-olds. The defense attorney requested Judge Hertzfeld order DYRS to make sure the juvenile is safe.

He also requested the juvenile be released to his mother, who, the defense attorney argued is diligent, can supervise him and keep a “strict, watchful eye” on the child, insisting that his detention at the DYRS’ Youth Services Center (YSC) puts him at risk. According to the defense attorney, the juvenile has been at the intake center since his arrest on Oct. 31.

A representative for the court’s Social Services recommended the defendant remain detained until he’s evaluated. The defendant allegedly defecated on the shower floor and smeared the feces throughout the facility. Social Services argued the juvenile’s outbursts pose a safety risk to others in the YSC.

Judge Hertzfeld ordered an emergency forensic evaluation of the boy’s mental status. A doctor at the court’s Urgent Care Clinic recommended the juvenile be hospitalized due to their clinical findings.

In response, Judge Hertzfeld also ordered the juvenile be held under DYRS custody at a psychiatric facility in the District and undergo tests, mental evaluations, and personal and group therapy for 21 days. Previously, the defendant was diagnosed with mental health complications and prescribed medication, however he refused to take it.

The judge reminded the juvenile he must cooperate with doctors and other staff at the hospital to ensure his case moves forward.

Judge Hertzfield said she will also appoint a Court Appointed Special Advocate (CASA) or mentor for the juvenile.

In addition, she ordered the juvenile be transported to the hospital on Nov. 6, telling the defense attorney to reach out to her if DYRS fails to act accordingly.

“Excuse me, can I give him a hug,” asked the juvenile’s mother as he was escorted out of the courtroom. Her request was denied by the judge, who stated that is not allowed.

Parties are expected back on Nov. 20 for a status hearing.

Case Acquitted: Judge Says Detective’s Conflicting Testimony in Homicide Trial Is ‘Concerning’

This case was acquitted on Nov. 15, 2023.

On Nov. 6, DC Superior Court Judge Anthony Epstein said a detective’s apparently contradictory testimony in a murder trial is “concerning.”

Michael Austin, 28, is charged with first-degree 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 26-year-old Kayvon Kinney in a parking lot near an apartment complex on the 1800 block of Gainesville Street, SE, on May 24, 2020.

Defense attorney, Jason Tulley, argued the lead Metropolitan Police Department (MPD) detective had an eyewitness’s phone number “on day two” of the investigation, yet did not interview him until roughly four months later.

The detective agreed–however, he said he had no contact information for the witness during Austin’s preliminary hearing in September 2020.

“Your initial testimony was not correct,” said Tulley given the detective’s previous claim that there were no eyewitnesses. The detective didn’t elaborate saying only he gave a different version to the grand jury.

“His testimony at the preliminary hearing is concerning,” said Judge Epstein in relation to the apparent change from the detective’s earlier account.

Tulley also questioned the detective’s account of one witness’s testimony and said another witness was turned up by accident.

According to the defense, there were fingerprints found near the incident, as well as an individual who was reportedly near the scene wearing a GPS ordered monitor. The detective did not follow up on either lead.

Meanwhile, the detective said shell casings recovered from this incident were a potential match to another incident in July 2021 where Austin was not a suspect.

The detective also said there was no forensic testing done on the shell casings, but he said in the grand jury hearing that testing was done and it was inconclusive–another apparent contradiction.

Another detective from the Metropolitan Police Department (MPD) continued his testimony from Nov. 2.

According to the detective, he recovered text messages and internet search history from Austin’s girlfriend’s phone. The search history contained phases like “shooting on Gainesville Street” from soon after Kinney’s murder.

During cross-examination, the detective testified that he did not see a photo of what Austin was wearing the day of the incident, and the defense argued that he did not follow-up on surveillance video of a black vehicle leaving the scene soon after the shooting.

A deputy medical examiner testified Kinney died from “several fatal wounds”

Before resting their case, the prosecution called a graphics specialist from the U.S. Attorney’s Office who confirmed surveillance clips depict a group gathered in the front of the crime scene. A few seconds later, gunshots are heard, and a car leaves. In another clip, a vehicle a similar vehicle arrives at Austin’s mother’s complex.

The lead detective’s testimony will continue on Nov 7.

2021 Domestic Violence Defendant Requests Another Competency Screening

On Nov. 7, a mental observation hearing was held before DC Superior Court Judge Lynn Leibovitz to consider whether a domestic violence defendant should get a new doctor to determine if he’s competent to stand trial.

Kevin Settles, 36, is charged with one count of armed carjacking, assault on a police officer while armed, assault with a dangerous weapon, unlawful possession of ammunition, attempted unarmed carjacking, possession of an unregistered firearm, unlawful discharge of a firearm, carrying a pistol outside a home or business, unlawful possession of a firearm, and four counts of possession of a firearm during a crime of violence, for his alleged involvement in a domestic violence shooting that occurred on the 100 block of Ridge Road, SE, on Feb. 23, 2021. No one was injured in the shooting.

According to court documents, Settles was in the passenger seat of a vehicle when he became agitated and allegedly pointed a firearm at his girlfriend, telling her to exit the car. Settles allegedly ran down the street and shot into the air multiple times, eventually entering the driver’s seat of a Metropolitan Police Department’s (MPD) truancy van before being disarmed by officers.

Settles’ defense attorney, Brian McDaniel, requested that Settles receive another mental evaluation because he says the previous doctor wrote an incomplete report.

Judge Leibovitz said she could approve a voucher for expert services on the issue of competency, but needed approval from supervisors before making a final decision given the additional cost.

Parties are expected to reconvene Feb. 6 to further discuss Settles’ mental observation results.

Jury Convicts Co-Defendants On One Charge Then Acquits on Others

On Nov. 6, a jury found co-defendants in an April 2020 shooting and robbery case guilty on one count and acquitted them of all other charges.

Anthony Owens and George Belk, both 44, were convicted of assault with intent to commit any other offense while armed but were acquitted on two counts of possession of a firearm during a crime of violence and assault with intent to commit robbery while armed. The charges were in relation to their involvement in a shooting and robbery incident that occurred on the 1300 block of Good Hope Road, SE, on April 15, 2020. The incident left Owens and Belk with minor injuries.

Throughout the week-long trial, jurors heard from members of the Metropolitan Police Department (MPD) and the victim, who gave insight into what happened on the day of the incident.

At a hearing on Nov. 2, a detective from the Metropolitan Police Department (MPD)testified a surveillance camera at the intersection of 14th Street and T Street, SE, shows the robbery victim getting out of his car and walking across the street towards a restaurant on Good Hope Road while Owens’ van pulls away and moves toward T Street.

According to court documents, Owens and Belk walked back toward the restaurant while the victim was still inside the establishment. When the victim returned to his vehicle, Owens and Belk approached him on the sidewalk.

The detective identified Owens and Belk in surveillance footage running behind the victim as he is opening the front door of his car apparently attempting to rob him. According to the detective, no weapon was found on the victim.

Later in the footage, an individual identified as “Mr. B” walked to the right of the victim’s vehicle and fired shots at Belk and Owens, hitting them both before fleeing into an alleyway.

“Mr. B” and the victim know each other, according to court documents.

Defense attorneys for Owens and Belk, Bruce Cooper and Everald Thompson, argued that the prosecutors had failed to prove their client’s involvement “beyond a reasonable doubt,” and requested the jury find them not guilty.

Following the jury’s verdict, DC Superior Court Judge Michael Ryan sentenced Owens and Belk to time served for their conviction and alerted them that they had 30 days to appeal.

Owens and Belk were released and ordered to pay $50 each to the Victims of Violent Crime Fund.

No further dates were scheduled.

Document: Suspect Sought in a Shooting and Vehicle Theft

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect in connection to a shooting and vehicle theft that occurred on Nov. 3 at the unit block of 14th Street, NE.

According to MPD documents, the victim was delivering food at the location, when he was approached by the suspect. The suspect brandished a handgun and demanded the victim’s keys. The victim complied and the suspect entered the victim’s vehicle. When the victim stated he was going to call the police, the suspect fired his gun, striking the victim.

The victim was taken to an area hospital for the treatment of non-life-threatening injuries.

The suspect was captured by surveillance footage and can be seen in the video attached below.

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

Document: Two Men Dead After Traffic Crash

The Metropolitan Police Department’s (MPD) Major Crash Investigations Unit is investigating a traffic fatality that killed two men on Nov. 5, on the 3200 block of Bladensburg Road, NE.

According to MPD documents, a 2013 Chevrolet Malibu was traveling northeast on the 3200 block of Bladensburg Road, NE. The Malibu turned left into a gas station located in the block, and, at the same time, a 2018 Chevrolet Camaro was traveling in a southwest direction on Bladensburg Road, NE. The Malibu struck the front driver’s side of the Camaro, causing the Camaro to strike a utility pole.

Both occupants of the Camaro were pronounced dead on the scene. They’ve been identified as 28-year-old Thaddeus Nelson and 34-ear-old Ivan Young, Jr.

The driver of the Malibu remained on the scene and is cooperating with the investigation.

Anyone with any knowledge of the incident should call police.

Document: Victim Identified Southeast Shooting Leaves Man Dead

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating the death of a man that occurred on Nov. 4 on the 3500 block of A Street, SE.

According to MPD documents, officers responded to the location for the report of a person down, where they located a man suffering from an apparent gunshot wound. DC Fire and Emergency Medical Services responded to the scene, and, after all lifesaving efforts failed, the victim was pronounced dead.

The victim was identified as 23-year-old Michael Delvaughn Hall.

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

Document: Man Arrested in Road-Rage Shooting That Injured Three

The Metropolitan Police Department (MPD) arrested and charged a man in connection to a road rage shooting that left three adults injured on Aug. 16, on the 900 block of Division Avenue, NE.

According to MPD documents, two of the victims were driving in the 900 block of Division Avenue, NE, when they were involved in a traffic crash with the suspect. When the victims attempted to exchange insurance information with the suspect, the suspect struck the first victim in the head with a firearm. The suspect then began firing rounds off, striking the second victim. A third victim, who was not involved in the traffic crash, was also struck by the gunfire.

On Nov. 6, MPD arrested and charged 31-year-old Marquez Delonte Beasley with assault with a dangerous weapon (gun).

Judge Denies Request to Release Homicide Defendants Suspected in ‘Spree of Robberies’

On Nov. 3, DC Superior Court Judge Eric Glover detained homicide defendants as they await further proceedings.

Marlan Smith Jr., 16, and Anthony Monroe, 17, are charged with one count of first-degree felony murder while armed, one count of assault with a dangerous weapon, felony destruction of property, and five counts of robbery, for their alleged involvement in the fatal shooting of 17-year-old Antonio Cunningham on Sept. 11 on the 2300 block of Washington Place, NE, during an alleged armed robbery. The incident also left an adult male suffering from gunshot injuries.

Under Title 16 of the federal law governing DC, the defendants are being charged as adults.

According to surveillance footage collected by the Metropolitan Police Department (MPD), the defendants are seen parking an SUV in front of the 2300 block of Washington Place, NE, where a Jersey Mike’s and a Chipotle are located.

Three suspects wearing masks got out of the vehicle and approached Cunningham and his friend who were standing in front of Jersey Mike’s. Surveillance footage shows one suspect holding a firearm while a second suspect was holding Cunningham against a wall, allegedly attempting to rob him. The suspects removed the shoes that Cunningham’s friend was wearing and he fled the scene in an attempt to get away.

A separate individual with a legally owned gun approached the suspects, while Cunningham was being held against the wall. One suspect fired multiple shots and the separate individual who approached them was shot in the left flank area and middle left chest. Cunningham was struck in the head and fell to the ground. The second victim fled into Chipotle and requested that someone call 911.

The suspects are seen fleeing the scene of the crime and according to court documents, three 911 calls were made after the shooting occurred.

According to court documents, Smith and Monroe were allegedly identified as suspects in the robbery by a Metropolitan Police Officer (MPD) officer who has known the defendants for approximately two-and-a-half years.

Stephen Logerfo, Monroe’s defense attorney, alerted the court his client is pleading not guilty to all charges.

Thomas Key, Smith’s defense attorney, also alerted the court his client pleads not guilty to all charges.

Both attorneys requested Judge Glover not find probable cause, arguing there is not sufficient evidence to connect Monroe and Smith to the scene. According to Key, the alleged victims did not identify Smith as a suspect and the only individual that did was an MPD officer. Key argued that this was not enough evidence to tie the defendant to the robbery.

The prosecution countered saying the defendant’s are alleged to have gone on a “spree [of] robberies” prior to the shooting. In addition, the prosecution argued that the MPD officer provided a “benefit of someone with a familial familiarity,” strengthening his identification of the defendants.

Judge Glover found probable cause for Smith and Monroe’s alleged involvement in the armed robberies and homicide.

Logerfo requested that the court release Monroe as he does not have a prior criminal history, he lives with his mother, and believes that he would be able to follow home confinement orders. Key adopted the same request as Logerfo for Smith.

The prosecution refuted the defense’s claims by stating that neither defendants are “good candidates for release”.

Judge Glover denied the defense’s request for release, stating that he “does not believe that the court could craft any conditions that would ensure the safety of the community,” arguing both defendants were found with firearms in their vehicles upon arrest on Nov 2.

Smith and Monroe are expected to appear before DC Superior Court Judge Robert Okun on Dec. 4 for a preliminary hearing.

Homicide Defendant Waives His Right to DNA Testing

On Nov. 6, a homicide defendant, Matthew Walker, who is connected to two homicide cases, waived his right to independent DNA testing.

Walker, 25, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 32-year-old David Remen on the 1700 block of Hamlin Street, NE, on Feb. 14, 2019.

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

The prosecution conducted DNA testing for items recovered from the scenes of the incidents, and shared the results with the defense.

After reviewing the results, defense attorney Stephen Logerfo informed the court that Walker is waiving his right to do their own DNA testing.

On Dec 6, the parties will meet in front of DC Superior Court Judge Marisa Demeo for a status hearing.

A bench trial date is set for Jan. 3, yet this may change depending on the status hearing and the court’s schedule.

Co-defendants Arraigned on Separate Charges In a Shooting Case

On Nov. 6, two co-defendants were arraigned before DC Superior Court Judge Errol Arthur.

Shatia Penn, 25, is charged with two counts of assault with a dangerous weapon, possession of a firearm during a crime of violence, and destruction of property, for her alleged involvement in a shooting that occurred on Feb. 2, on the unit block of M Street, NE.

Desmond Barr, 22, is charged with assault and unlawful possession of ammunition for his alleged involvement in the same incident. The shooting left no individuals suffering from injuries.

According to court documents, Penn and Barr are alleged to have approached two victims sitting in a vehicle. An argument ensued and Penn is alleged to have asked one victim to exit the vehicle so they could fight. In response, the other victim began to drive away and Penn is alleged to have shot at the vehicle.

Penn and Barr pleaded not guilty to all charges and asserted their constitutional rights, emphasizing a speedy trial.

Penn and Barr are currently on release under the high intensity supervision program.

Penn’s defense attorney, Martin Rosendorf, and Barr’s defense attorney, Lola Ziadie, requested their clients’ continued release.

The prosecution requested that Penn and Barr agree to protective orders against the victims, which both parties consented to.

Pretrial services (PSA) reported that Penn and Barr are both in compliance with their release conditions.

A trial date is set for April 22, 2024.

Victim’s Boyfriend Testifies About Suspect’s Actions in 2014 Homicide Trial

On Nov. 2, the prosecution called the victim’s boyfriend to testify about her estranged lover in a 2014 homicide trial before DC Superior Court Judge Michael O’Keefe.

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

Lopez and Arroyo had been in a romantic relationship since 2012, and Arroyo ended that relationship weeks before the murder.

According to her boyfriend, the two had met in the months before Arroyo ended the relationship with Lopez, and she had been staying with the witness after breaking off her relationship with Lopez.

According to the witness, Lopez had seen Arroyo and her boyfriend at a restaurant, allegedly approaching the couple and asking “You having a good time with your new lover?”. This was two-to-three months before the murder.

The witness further testified that he often heard phone calls between Arroyo and Lopez and stated that he had heard Lopez threaten to kill Arroyo over the phone and saw threatening messages Lopez had allegedly sent her on Facebook including he would shoot Arroyo four times. He also stated that Arroyo had shown him bruises on her body, but did not elaborate on what caused them.

When Arroyo ended the relationship, Lopez had reportedly taken her phone and car keys so the witness had been driving Arroyo to work. On Dec. 24, 2014, he said he drove Arroyo and dropped her off at her job as a waitress. As he drove away, Arroyo was allegedly shot by Lopez upon entering her workplace.

The witness learned of a shooting at the restaurant soon after it happened and drove back to the scene, but was stopped as police had closed off the streets. He showed the police his phone, which was still logged into Arroyo’s Facebook as she had been using his after her phone was taken. Upon seeing the phone, police allegedly discovered the threatening messages between Arroyo and Lopez.

During cross-examination, Lopez’s defense attorney, Justin Okezie, questioned the witness regarding the night of the murder. The witness stated he saw Lopez walking near the restaurant after he dropped Arroyo off.

The witness stated that Arroyo did not have a phone with her at the time, and that was the reason he could not get a hold of her after seeing Lopez outside of the restaurant. Okezie questioned him as to why he didn’t instead stop the car, pull over, and inform Arroyo that he had seen Lopez outside. The witness had no immediate answer.

Okezie responded by exclaiming, “You didn’t do that because you never saw Marvin Lopez there outside of the restaurant!”, to which the witness responded by insisting that he had.

Okezie also referenced a previous occasion when the witness when Lopez said to this witness, “You’re doing it right brother!” in reference to Arroyo. Okezie asked if Lopez had ever been aggressive towards the witness. The witness said Lopez had never acted aggressively toward him.

The prosecution then called Arroyo and Lopez’s roommate, who had been living with the couple a few months prior to the murder. She testified that she could often hear them fighting through the walls. “They were just fighting all the time. Several times I heard him tell her if she wasn’t for him, she wasn’t for anyone,” the witness said. She also testified to hearing Lopez say that if she left him, he would kill her and then himself.

The roommate said that she often saw bruises on Arroyo’s neck and arms, and once saw Lopez holding Arroyo by the neck for five-to-six minutes. She also testified that she saw Lopez throw Arroyo onto the bed the couple shared. Police had reportedly been to the house responding to domestic assault calls.

According to the roommate, Arroyo had shown her Lopez’s gun, a small black pistol. Allegedly, Arroyo hid the gun in the trunk of her car for fear of Lopez two-to-three weeks before the murder.

The roommate then testified on the night of the murder she saw Lopez pacing around the apartment, looking agitated. He was wearing a red shirt and light-colored pants, which matches the description of a man allegedly seen running from the scene of the shooting. She said she saw Lopez leave at approximately 5 p.m., shortly before Arroyo was shot.

The defense will cross-examine the witness when the trial resumes.

This trial is expected to resume on Nov. 7.

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