Defendant Waives Right to a Preliminary Hearing in Non-Fatal Shooting

On July 26, a defendant waived his right to a preliminary hearing before DC Superior Court Judge Renee Raymond to determine whether or not he was the perpetrator in a non-fatal shooting case.

Avon Burke, 51, is charged with assault with a dangerous weapon for his alleged involvement in a non-fatal shooting following a fight outside of a homeless shelter on July 9, on the 1300 block of New York Avenue, NE.

According to court documents, what started as an altercation between two men escalated into a fight between two groups of Latino and Black men at the shelter. Concrete bricks were hurled and punches were thrown; then three or four gunshots were heard by witnesses.

Two victims were wounded in the incident.

According to the Metropolitan Police Department (MPD), closed circuit TV (CCTV) video shows a victim attacked by multiple individuals throughout the incident. This unknown victim took part in two fights on the same night, with the second fight resulting in Burke’s allegedly firing a weapon.

The footage allegedly depicts Burke with a concealed weapon on his right side. Burke then supposedly points the handgun in the direction of the fight. Seconds later, smoke is seen from the gun barrel.

According to court documents, a special police officer working at the homeless shelter saw Burke holding a firearm after hearing multiple gunshots.

Court documents further reveal that when Burke was interviewed by detectives, he identified himself in an image with a figure holding a gun. He allegedly stated he tried to shoot, but the gun did not fire, though he did hear a single shot.

During the proceeding, Burke waived his right to a preliminary hearing, confirming his decision in front of Judge Raymond.

Waiving the right to a preliminary hearing means that Burke’s defense attorney will not have the opportunity to argue to the court that there is insufficient evidence to prove Burke’s involvement.

A status hearing is slated for Aug. 9.

Judge Grants Non-Fatal Shooting Defendant’s Request for New Counsel

On July 26, D.C. Superior Court Judge Heidi Pasichow granted a non-fatal shooting defendant’s request to change his attorney.

Jamal Coleman, 31, is charged with assault with a dangerous weapon and assault with significant bodily injury while armed for his alleged involvement in a non-fatal shooting that left one individual seriously injured on May 4, on the 4600 block of Polk Street, NE.

According to the Metropolitan Police Department (MPD) documents, Coleman drove a black Chevy sedan westbound on the 4600 block of Polk Street to the intersection of Polk and Olive Street, NE. While Coleman waited in the intersection, the victim walked across the street onto the sidewalk towards the Deanwood Metro station. Then, Coleman approached the victim, rolled down the front passenger window, and allegedly shot him.

At the hearing, Coleman’s attorney, Bryan Bookhard, discussed a motion to withdraw from this case. Bookhard mentioned trust issues between him and Coleman, and requested a change of counsel to better represent Coleman in the upcoming trial.

Judge Pasichow granted the request, and alerted parties she would appoint a new counsel before the next hearing.

The next hearing is scheduled for Aug. 11.

Defendant in Non-Fatal Shooting Found Mentally Competent

On July 26, DC Superior Court Judge Lynn Leibovitz ruled a defendant connected to a non-fatal shooting mentally competent to stand trial.

Tavon Lucas, 23, 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 that occurred on Jan. 14 on the 1100 block of North Capitol Street, NW. A victim sustained a gunshot wound to his right buttock.

According to court documents, the defense sought a medical evaluation for Lucas from a psychologist and the DC Department of Behavioral Health because he was experiencing side effects from his medication that affected his ability to assist and comprehend counsel.

The next hearing is scheduled for Aug. 24.

Judge Finds Probable Cause in Baseball Bat Killing and Orders Defendant Confined at Home

On July 26, DC Superior Court Judge Robert Okun found probable cause that Dwayne Fountain committed murder, and released him to home confinement.

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

Fountain allegedly followed Carey and a witness down Hayes Street for some time, before striking Carey multiple times in the head with a baseball bat. According to Metropolitan Police Department (MPD) documents, Fountain also swung at the other individual, but missed, allowing the witness to get away.

The prosecution asked that Judge Okun find probable cause in this case, and called the lead detective in the case to describe footage from closed circuit surveillance cameras in the area surrounding the crime scene. He identified Carey, the other individual, and Fountain in several of the videos.

One of the videos, which captured a parking lot near the incident, showed a figure in black walking away from the crime scene allegedly holding a bloody baseball bat. The detective testified that the witness at the scene had identified the attacker as Fountain.

Defense attorney Jason Tulley attempted to call into question the accuracy of the witness’s testimony, saying that their “credibility is the crux of this case.” He argued that the eyewitness had at times presented contradicting stories about what occurred that night.

Tulley also probed the detective about why an individual in the videos had been identified as Fountain, stating that some of the figures in the videos did not appear to match, as the detective had previously said.

Fountain was allegedly wearing a distinctive black hat with yellow eyes during the incident, which the detective said allowed him to identify the figure in the videos as Fountain, even though the video quality was inconsistent.

Tulley argued that the diminished quality of the videos made specific identification difficult, even with someone’s wearing something obvious.

Judge Okun ultimately ruled that there was probable cause in this case, as even with doubts about the on-scene witness’ testimony, many of their statements were allegedly corroborated by the video evidence.

Prosecutors argued for Fountain to be detained saying that the “nature of the crime is horrific” and the force with which Carey’s “head was caved in” meant that the community would be in danger if Fountain was released.

Tulley then argued for Fountain to be released to home confinement, stating that his lack of significant criminal history and abundance of family support indicated he would not be a danger to the community.

Judge Okun concurred with Tulley’s point, saying that Fountain’s violence “seems fairly directed at that one individual.” He said that while the violent nature of the crime weighted towards detention, his personal history favored release.

Ultimately, Judge Okun released Fountain to home confinement, ordering that he stay away from the scene of the incident and several key witnesses.

Parties are slated to return Oct. 13.

Judge Hears Arguments on Protective Order and Dismissal Motions

On July 24, DC Superior Court Judge Maribeth Raffinan heard arguments from the defense and the prosecution on the defense’s motion to modify a protective order and to dismiss the case for homicide defendant Deon Walters.

Walters, 19, is charged with first-degree murder while armed and attempt to commit robbery while armed, among other charges, for his alleged involvement in the Oct. 1, 2020 death of 42-year-old Arthur Daniels IV.

Daniels was found in the front yard of a residence on the 6200 block of 8th Street, NW, suffering from multiple gunshot wounds. According to court documents, the shooting occurred during an attempted robbery.

During the hearing, prosecutors and defense attorneys argued a motion filed by defense to have a protective order redacted to give them more information about witnesses in the case. Judge Raffinan partially granted the order, allowing for identification of certain witnesses based on the nature and content of their testimony.

Judge Raffinan then heard arguments over a defense motion to dismiss the case. Defense attorneys argued that, when the case was moved from family court to criminal court under Title 16, Walters’ constitutional rights were violated.

Walters was 17 at the time of the murder. He was initially charged as a child in family court, and is now being charged as an adult as stipulated under DC Code Title 16.

Defense attorneys argued that Title 16 was a violation of defendant’s due process rights as it allowed for the prosecutors to make the decision to try a defendant as an adult without any opportunity for appeal or even a hearing.

The prosecuting attorney argued that this is how power was delegated by Congress, and that laws like Title 16 have been upheld by various courts.

Judge Raffinan is expected to make a ruling on the issue in the near future.

Parties will return on Aug. 31.

Document: Arrest Made in a Homicide: 4700 Block of South Capitol Street, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch arrested and charged 22-year-old Korriek Akinola with first-degree murder premeditated while armed for his alleged involvement in a fatal shooting that occurred on June 6 on the 4700 block of South Capitol Street, SE.

According to MPD documents, officers responded to the area for the sounds of gunshots, where they located an adult male shooting victim with no signs consistent with life.

The victim was identified as 29-year-old Joshua White.

Case Acquitted: Judge Ruled On Multiple Motions in 2020 Homicide Case

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

On July 21, DC Superior Court Judge Marisa Demeo ruled on multiple motions in a lengthy hearing for homicide defendant Tamika Green.

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 death of 37-year-old Bryan Tate Jr. The incident occurred on Feb. 20, 2020, on the 1600 block of 18th Street, SE. The incident was described as a domestic dispute.

According to court documents, Tate was shot three times – once on his left shoulder, once in the left hip area, and once in his left forearm – before succumbing to his injuries.

Prior to the hearing, defense attorneys for Green filed motions to suppress certain evidence, including ammunition, digital data, and statements allegedly made by Green to police. Prosecutors filed their opposition to these motions.

Prosecutors plan to use information from Green’s phone, which includes tens of thousands of records.

The defense claimed that, without knowing what evidence prosecutors will pull from these phone records, their whole theory could be affected.

“Green will be adversely affected,” said the defense regarding the issue with the evidence.

Prosecutors brought upon a witness, a detective sergeant from the Metropolitan Police Department (MPD), for questioning regarding Green’s communications with detectives over the phone before they interviewed her.

According to the witness, Green had messaged detectives claiming that she did not feel safe and didn’t know who to trust. After many text messages from detectives asking to speak with her, Green requested a ride to the MPD Homicide Branch.

The witness asserted that Green did not appear intimidated, fearful, or uncomfortable during the ride to the station.

Prosecutors showed various clips of the interview between Green and the detectives. In one clip, Green can be heard saying she is there because she wants justice. In another clip, detectives briefly mentioned to Green that the ammunition in her purse was the same as the weapon used in Tate’s murder.

Prosecutors argued that they have a right to search any physical evidence and use Green’s statements given at the interview because she was there on her own accord.

“She was free to terminate the interview at any time,” said prosecutors.

The defense argued that her responses were involuntary as detectives constantly conveyed that they needed to speak with her, leaving her with no choice but to comply.

“A reasonable person in [Green’s] position would feel like they didn’t have a right,” said the defense.

Regarding the use of the ammunition found in Green’s purse, the defense argued that there is no forensic evidence linking her to the murder weapon.

After considering both parties’ arguments, Judge Demeo denied the motions to suppress ammunition evidence and Green’s statements to MPD detectives. The court reserved its ruling on the phone matter.

“The [police] statement is admissible at trial,” Judge Demeo ruled.

Parties are expected to return on July 31 for a continued motions hearing.

Case Acquitted: Judge Finds Probable Cause and Orders Defendant Held in Non-Fatal Shooting Case

This case was acquitted on Dec. 1, 2023.

On July 21, DC Superior Court Judge Renee Raymond found probable cause in a case against defendant Saphire Johnson.

Johnson, 23, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for her alleged connection to a non-fatal shooting that occurred on June 28 on the 4100 block of Alabama Avenue, SE.

According to court documents, shots were fired from multiple guns outside a church following the funeral of one of Johnson’s family members. Johnson was injured, along with another victim, the complaining witness in this case.

The other shooter, who injured Johnson, has not been identified.

The prosecution called a Metropolitan Police Department (MPD) detective to the witness stand, who testified to her knowledge of the events that day. She said that a family altercation occurred, after which the shots were fired.

Defense attorney Varsha Govindaraju highlighted the fact that multiple people were said to be aggressive toward Johnson and arguing outside of the church before the shooting.

Govindaraju argued that there is no probable cause in this case by reason of self-defense.

Judge Raymond agreed that there is a possibility the shooting was done in self-defense, but was not willing to rule that there was no probable cause because she said the evidence presented was not clear enough.

Parties argued whether Johnson should be held awaiting her trial. Govindaraju detailed Johnson’s extensive volunteering, as well as 26 support letters from her family and members of the community.

Ultimately, Judge Raymond decided to hold Johnson given the violent nature of the crime.

Parties are expected to return on July 25.

Homicide Defendants Plead Not Guilty and Prepare for Jury Trial

On July 24, two homicide defendants pleaded not guilty and parties set trial dates for later this year.

Malachi McFarland, 23, and co-defendant Andre Smith are charged with first-degree murder while armed, possession of a firearm during crime of violence, and unlawful possession of a firearm with a prior conviction for their alleged involvement in the fatal shooting of 29-year-old Kerry Odoms on April 15, 2021, on the 3300 block of 10th Place, SE.

At the hearing, both defendants pleaded not guilty to all charges. McFarland is already detained completing a sentence in an unrelated matter.

McFarland’s attorney, Christen Phillips, confirmed McFarland is waiving his right to independently test evidence for DNA. Phillips then requested the prosecutor to provide evidence in the case.

The prosecution stated it had done two rounds of DNA evidence testing on McFarland’s jacket, water bottle, vehicle, and other objects recovered from the scene, and to compared Smith’s DNA with the collected evidence.

D.C. Superior Court Judge Robert Okun set a status hearing for September 15.

Document: Arrest Made in an Assault with Intent to Kill (Gun) Offense: 500 Block of Oklahoma Avenue, Northeast

The Metropolitan Police Department (MPD) arrested and charged 36-year-old Tyrone Taylor with assault with intent to kill (gun) and carrying a pistol without a license for his alleged involvement in a non-fatal shooting that occurred on July 22 on the 500 block of Oklahoma Avenue, NE.

According to MPD documents, officers responded to the location for the report of an armed individual, where they located and arrested Taylor. Officers also located an adult male shooting victim, whom was transported to a local hospital for treatment of non-life-threatening injuries. A firearm was recovered from Taylor.

Document: Suspect Sought in an Assault with a Dangerous Weapon (Gun) Offense: 1500 Block of 7th Street, Northwest

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 23 on the 1500 block of 7th 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 inside an establishment. He was transported to a local hospital for treatment of non-life threatening injuries.

Document: Homicide: 1400 Block of Girard 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 22 on the 1400 block of Girard 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. A second shooting victim was located at the 1400 block of Fairmont Street, NW. Both victims were located with no signs consistent with life.

The victims have been identified as 29-year-old Luke Whitaker and 19-year-old Zion Hollingsworth-Hayes.

Document: Homicide: 600 Block of 46th Place, SoutheasT

The Metropolitan Police Department’s (MPD) Homicide Branch is seeking the public’s assistance with the investigation of a homicide that occurred on July 21, on the 600 block of 46th Place, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male shooting victim with no signs consistent with life, in the hallway of a residential building.

The victim was identified as 27-year-old Malik Haggans.

Document: Homicide: 2300 Block of L’Enfant Square, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch is seeking the public’s assistance with information regarding a homicide that occurred on July 22 on the 2300 block of L’Enfant Square, SE.

According to MPD documents, officers responded to the location for the report of a man down, where they located an adult male stabbing victim with no signs consistent with life.

The victim was identified as 43-year-old Antoine Ealey.

Document: Arrest Made in an Assault with a Dangerous Weapon (Gun) Offense: I-695 Bridge Southbound Near Exit 2B

The Metropolitan Police Department (MPD) arrested and charged 27-year-old Antoine Johnson with assault with a dangerous weapon (gun) for his alleged involvement in a non-fatal shooting that occurred on May 21 on the I-695 Bridge Southbound near exit 2B.

According to MPD documents, Johnson and a victim were traveling in separate vehicles at the location, when Johnson discharged a gun at the victim’s vehicle causing damage. No injuries were reported.

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