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Case Acquitted: Defense Wants to Probe Victim’s Cell Phone for Exonerating Data

Green was acquitted of murder on Aug. 24, 2023.

On July 31, during a motions hearing DC Superior Court Judge Marisa Demeo heard arguments from defense attorneys concerned about the prosecutors’ inability to access a homicide victim’s phone.

Tamika Green, 37, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license for her alleged involvement in the shooting death of 37-year-old Bryan Tate Jr on the 1600 block of 18th Street, SE on Feb. 20, 2020. 

The homicide allegedly occurred after Tate and Green, who were in a relationship, had a domestic dispute in their apartment that turned fatal.

In court, defense attorney Kevann Gardner raised concerns about the prosecutor’s possession of Tate’s phone because the records could potentially show other suspects.

Prosecutors say they have been attempting to crack the cell phone’s passcode using a machine that inputs different codes until it locates the correct 6-digit number. 

The defense argued that for nearly three-years the prosecutors have had the phone, but they still haven’t managed to extricate the data. 

Defense attorneys said if they had access to the phone earlier their expert could’ve discovered the passcode.

“We were robbed of the opportunity of getting into the phone” Gardner stated in court.

Judge Demeo allowed  the parties to contact their respective experts to determine which one would figure out the passcode fastest. 

Meanwhile, the phone will stay with the prosecution.

Parties are set to meet on August 1, to select a jury.

Judge Excludes Robbery Evidence from Retrial in 2018 Homicide Case

On July 28, D.C. Superior Court Judge Rainey Brandt agreed to remove robbery evidence from a homicide retrial.

Marquette Jordan, 32, is charged with first-degree murder while armed, robbery while armed, threat to kidnap or injure a person, assault with a dangerous weapon, simple assault, and carrying a dangerous weapon outside a home or business by a felon for his alleged involvement in the fatal stabbing of Ivan Lynch ,48, on April 30, 2018, on the 900 block of 5th Street, SE. 

According to the Metropolitan Police Department (MPD) documents, a witness stated Jordan and Lynch were in an “on and off” romantic relationship for a few months. On April 30, 2018 after they picked up two children, they got into an argument and fought with each other. A witness allegedly saw Jordan grab a knife and stab Lynch on the kitchen floor. 

During the trial in March 2022, prosecutors the jury couldn’t reach a verdict on the murder charge and this case proceeded to a retrial. 

At the July 28 hearing, Jordan’s defense attorney, Michael Madden, moved to exclude evidence about Jordan’s possession of Lynch’s cell phone, wallet, and key after the alleged stabbing for the retrial. Madden stated the prosecutors could not provide compelling evidence of Jordan’s alleged robbery. 

Judge Brandt noted previous jury’s decision that Jordan was not guilty of robbery. Judge Brandt then granted the defense to eliminate the robbery evidence from the retrial.

The  trial will begin Aug. 1.

Judge Finds Probable Cause in Shooting with a Firearm and a BB Gun

On July 28, DC Superior Court Judge Heidi Pasichow found probable cause that James Guillory was the perpetrator of a June non-fatal shooting.

Guillory, 23, is charged with two counts of assault with a dangerous weapon and one count of possession of a firearm during a crime of violence for his alleged involvement in a shooting that occurred on June 15 on the 4600 block of Hillside Road SE.

Two people were injured in the shooting. One victim sustained a firearm injury to the thigh and one sustained a BB gun injury to the face.

The prosecution called a Metropolitan Police Department (MPD) detective who confirmed that one victim identified the defendant as the alleged shooter from a photo array, with the victim stating she was “a thousand percent positive” that it was Guillory.

She also testified that the victims stated there had been previous altercations between them and the defendant as well as his family members. 

One of the victims also informed the detective that she had been shot with a BB gun multiple times in the upper body by a female member of Guillory’s family immediately before being shot in the nose with a BB pellet by Guillory himself. 

After MPD officers searched a residence linked to Guillory, the detective testified that they recovered a number of BB gun pellets, CO2 cartridges used in the weapons, and BB gun targets. 

The detective stated that a male member of Guillory’s family confessed to the crime; however, inconsistencies in his statement and his behavior while being interviewed convinced her that he was not the shooter. 

Defense attorney Varsha Govindaraju argued that the mere existence of another person who had confessed to the crime negated the justification for probable cause. 

She also pointed to various inconsistencies in the two victims’ identifications of the suspect, saying they “undermine each other’s version of events.”

Govindaraju also insisted Guillory attacked in self-defense, asking the detective to testify to threats made by the victims towards Guillory and his family both before and after the incident. 

Ultimately, Judge Pasichow found probable cause in the case and ordered the defendant held as he awaits trial. 

Parties are set to return on Aug. 4.

Case Acquitted: Judge Denies Home Confinement for Funeral Shooting Suspect

This case was acquitted on Dec. 1, 2023.

On July 28, DC Superior Court Judge Andrea Hertzfeld reaffirmed probable cause and denied the defense’s request to modify Saphire Johnson‘s release conditions. 

Johnson, 24, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for her alleged involvement in a shooting that left one individual injured on the 4100 of Alabama Avenue SE on June 28. 

Surveillance footage allegedly shows Johnson pulling the trigger and hitting a bystander in the lower left jaw. The incident took place in a church parking lot after a family member’s funeral. 

Defense counsel Varsha Govindaraju hoped new enhanced surveillance footage of the incident would strengthen Johnson’s claim of self-defense. Even so, Judge Hertzfeld ruled in favor of the prosecution, maintaining the probable cause status from a previous preliminary hearing. 

Defense counsel requested home confinement, offering character references from leaders in the community, information on Johnson’s academic successes and a plan prepared for rehabilitation services. 

Although Johnson does not have a criminal history and is not considered to be a flight risk, Judge Hertzfeld denied the request based on the nature of the crime stating, “It is remarkable no one is dead,” emphasizing Johnson’s allegedly bringing a loaded gun to a funeral. 

The next hearing is set for Aug 7. 

Shooter Hit by Gunfire Pleads Not Guilty to Weapons Charges

On July 28, Deon Jenkins pleaded not guilty to all charges connected to shooting at a moving car. 

The incident occurred on June 5 on the 1700 block of M St, NE. No injuries were reported to those inside the vehicle.

Jenkins, 45, was indicted on one count of unlawful discharge of a firearm, one count of felony possession of a firearm, one count of carrying a dangerous weapon outside the home or business, one count of unlawful possession of ammunition, and one count of possession of a destructive device. 

Jenkins was located on the scene by the Metropolitan Police Department (MPD) with multiple gunshot wounds to his legs and hand. It is unknown how the altercation began or how Jenkins was wounded.

According to court documents, Jenkins is seen on surveillance footage injured and running through an alleyway before shooting at a vehicle speeding toward him. MPD officers on the scene confirmed Jenkins as the individual allegedly in the footage. 

During the arraignment, defense counsel Lauren Morehouse requested the prosecution turn over all police reports, notes, and forensic evidence collected from the scene. 

The next hearing is set for Sept. 28. 

Document: Suspect Sought in an Assault with a Dangerous Weapon (Gun) Offense: 2200 Block of Wade Road, Southeast

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect connected to a non-fatal shooting that occurred on July 27 on the 2200 block of Wade Road, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they locate an adult male shooting victim. He was transported to a local hospital for the treatment of non-life-threatening injuries.

Murder Defendant Withdraws Guilty Plea; Case Involves Argument About Shoes

On July 28, homicide defendant Darius Anderson withdrew his guilty plea before DC Superior Court Judge Marisa Demeo.

Anderson, 22, is charged with first-degree murder while armed for his alleged involvement in the death of 30-year-old Israel Mattocks. The incident occurred on the 3900 block of Minnesota Avenue, NE, on June 15, 2022.

According to court documents, Mattocks sustained seven gunshot wounds before succumbing to his injuries. The incident was described as an argument over a shoe purchase.

Anderson previously pleaded guilty to second-degree murder while armed on Nov. 28, 2022, but withdrew his guilty plea at the most recent hearing. 

Judge Demeo granted his request with no opposition from the prosecution.

Parties are scheduled to return on Sept. 15 for a status hearing.

Judge Sentences Defendant with Criminal Past to Mandatory Minimum Term

On July 27, DC Superior Court Judge Errol Arthur sentenced Clement Austin to 36-months in prison for the unlawful discharge of a firearm and other firearm offenses. 

Austin, 38, was found guilty by a jury on the charges of carrying a pistol without a license, possession of unregistered ammunition, unlawful discharge of a firearm, and possession of an unregistered firearm in connection to a non-fatal shooting on February 9, 2020 on the 5800 block of Foote Street, NE. No injuries were reported from the discharge of the firearm.

The prosecution requested a sentence of 48-months due to the defendant’s prior charges and convictions, stating that he was arrested for an incident involving a firearm earlier this year.

The defense requested that their client be given the mandatory minimum of three years, due to the progress that he had made in the past three years. 

Austin’s case manager from a mental health facility spoke on his behalf and described him as a caring and positive person. 

After taking everything into consideration, Judge Arthur imposed the mandatory minimum of 36- months on the charge of unlawful discharge of a firearm. He then sentenced Arthur to 18-months for the charge of carrying a pistol without a license and to 180- days for each of the possession charges, which will run concurrent to the 36-months.

Austin is also required to make a payment of $200 to the Crime Victims’ Compensation Fund.

Defendant Pleads Not Guilty in Juvenile Shooting

On July 27, Cedric Brockington pleaded not guilty to all charges connected to the non-fatal shooting of a juvenile male.

The shooting, which left the juvenile in critical condition, occurred on the 1200 block of 5th Street NW on Nov. 15, 2022. 

Brockington, 18, was indicted on one count of assault with intent to murder while armed, one count of assault with intent to kill while armed, one count of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, one count of unlawful possession of ammunition, one count of possession of an unregistered firearm, and one count of carrying a dangerous weapon during a felony charge. 

The juvenile victim was located on the scene with a singular gunshot wound to the arm and transported to MedStar Washington Hospital Center for treatment. Closed circuit surveillance footage collected from the area produced a “be-on-the-lookout” (BOLO) alert for the suspect, later identified as Brockington by family members. 

During the arraignment, defense counsel Joseph Yarbough requested access to all discovery evidence under Brockington’s Sixth Amendment rights. 

The next hearing is set for Sept. 19. 

Defendant Acting as Attorney Angrily Pleads Not Guilty to Murder

On July 27, DC Superior Court Judge Robert Okun arraigned defendant Marcus Barringer on 18 charges. He pleaded not guilty to all during a stormy proceeding.

Barringer, 32, is charged with first-degree murder premeditated while armed among other serious charges for his alleged involvement in the death of Rashad Davis

Davis, 32, was shot and killed on May 6, 2022, on the 2300 block of Nicholson Street, SE.

Barringer is representing himself in court, and in periodic outbursts through the hearing, claimed his innocence and accused various court officials of perjury.  

Given the defendant’s erratic behavior, Judge Okun ordered a competency evaluation to ensure Barringer is capable of representing himself. 

The result of this evaluation will be discussed at a hearing on Aug. 29.

Defendant Pleads Not Guilty and Waives Right to DNA Testing

On July 27, defendant Adrian Wade pleaded not guilty to all charges against him, including assault with intent to kill.

Wade, 28, is charged for his alleged connection to the shooting of an individual, which occurred on the 200 block of K street, SW on April 27, 2022. 

Before DC Superior Court Judge Robert Okun, Wade asserted his 6th Amendment rights to a speedy trial. Wade also waived his right to independently test DNA evidence in his case.

Parties are expected to return on Oct. 11.

Trial Date Set for Homicide Defendant

On July 27, DC Superior Court Judge Robert Okun arraigned Anthony Lewis on murder charges.

Lewis, 24, 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 Camero Clemons

Clemons, 19, was shot on May 28, 2022, on the 600 block of Otis Place, NW. He died on June 4, 2022 from his gunshot wounds. 

After pleading not guilty, Lewis asserted his Sixth Amendment right to a speedy trial. Parties set the trial date as Oct. 21, 2024.

The case is set to return on Oct. 4.

Judge Detains Defendant Accused in Domestic Homicide

On July 27, DC Superior Court Judge Marisa Demeo detained a defendant accused of murder in a domestic violence case. 

Charles Terry Jr., 59, is charged with first-degree murder for allegedly strangling and beating his wife, 39-year-old Lennette Clark, while his two children were in the home. The incident occurred on Jan. 30 on the 1500 Block of Anacostia Avenue, NE. 

Defense attorneys called the lead homicide detective from the Metropolitan Police Department (MPD) who said Terry and Clark had a history of engaging in violent disputes.

According to the detective, Clark’s family and friends, as well as records from the DC Child and Family Services agency, indicate Clark had a history of PCP use. An autopsy indicated that PCP was in her system at the time of her death. 

The MPD detective said the drug can make someone combative and cause them to have hallucinations. 

After the incident the detective said there were scratches on Terry’s arms.

Defense attorney Joseph Yarbough said there was no indication Terry started the dispute between him and Clark. He also said it was possible Clark started the altercation because of her frequent erratic behavior in the past. 

According to the MPD detective, when he arrived at the scene he noticed obvious trauma to Clark’s head and blood spattered on the floor and walls, indicating her death was not due to natural causes. 

He noted the defendant did not sustain life threatening injuries. 

Prosecutors called the murder “brutal” and “horrific,” and they asked for Terry’s detention because one of Terry and Clark’s children testified before a grand jury that they heard their mother begging for her life during an argument right before she died.

According to prosecutors, Terry left the scene and their children found Clark dead the next morning. 

Prosecutors also brought up Terry’s criminal history for burglary and driving under the influence which dated back to the 1980s. 

Yarbough asked for Terry to be released under a high intensity supervision program because of his age and because his previous criminal history was for non-violent crimes. 

Judge Demeo said there is sufficient evidence which points to his alleged actions being premeditated. She determined he poses a “serious risk” and there are no appropriate release conditions which can be put in place to guarantee the community’s safety. 

Demeo ruled for Terry’s continued arrested.

Parties are scheduled to return to court on Oct. 6. 

Document: Homicide: 2200 Champlain Street, Northwest

The Metropolitan Police Department’s (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a homicide that occurred on July 26 on the 2200 block of Champlain Street, NW.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male shooting victim. The individual was found with no signs consistent with life.

The victim was identified as 30-year-old Arnold Humberto Solis.

Non-Fatal Shooting Defendant’s Six-Month Sentence Suspended

In a July 26 hearing, DC Superior Court Judge Errol Arthur initially sentenced defendant Bryan Turner to six months for his involvement in a 2023 non-fatal shooting. 

Turner, 21, was charged with one count of carrying a dangerous weapon outside of a home or business in connection to a non-fatal shooting on April 24 on the 1300 block of Congress Street, SE. The incident left Turner and another victim suffering from non-life-threatening injuries.

He pled guilty to the charge in a May 31 hearing. 

Prior to the sentencing, defense attorney Howard X. McEachern emphasized Turner’s minimal criminal history and young age. McEachern requested a sentencing under the Youth Rehabilitation Act, a DC statute that grants judges more latitude than the normal sentencing guidelines in cases involving defendants under the age of 25. 

When asked by the judge if there was anything he’d like to say before the sentencing decision, Turner simply said, “I’ve been locked up for three months. I don’t want to go back.”

Judge Arthur suspended the entirety of the six-month sentence and imposed one-year of supervised probation in its place. Turner will be required to register as a gun offender, pay $100 to the Crime Victims’ Fund, and complete 90 hours of community service.