Judge Orders Prosecution to Turn Over ‘Un-redacted’ Evidence to Defense in Homicide Case

On Oct. 18, DC Superior Court Judge Rainey Brandt stood by her previous order that the prosecution needs to turn over unredacted–that is complete–video evidence to the defense, in a homicide defendant’s case.

Roshella Williams, 49, is charged with second-degree murder, for her alleged involvement in the murder of 64-year-old Derek Hamilton on May 29, on the 3900 block of 4th Street, SE. Hamilton succumbed to his injuries on June 1.

Williams’ defense attorneys, Kevin Mosley and Terrence Austin, requested that unredacted video evidence to be turned over to the defense because they are unable to see the faces of some of the individuals in the videos who are responding to police questions.

Mosley asserted that this matter had already been settled in a previous hearing and that the judge already ordered the change, but the prosecution has yet to comply.

Mosley stated that the redacted information falls under so-called Brady stipulations and therefore must be turned over by the prosecution. Brady stipulations require that any exculpatory or impeaching evidence that favors the defendant, must be turned over to defense counsel.

The prosecution stated that they would like defense counsel to point out specific places in the video evidence needs to be un-redacted in order for them to be able to remove the black boxes covering individuals’ faces. The prosecution also stated that they are unclear as to why they are being required to turn over unredacted information prior to indictment.

Judge Brandt stated that the defense needs to be able to see what people said to police when questioned. She stated that the prosecution should “err on the side of caution for information that is Brady or not Brady, and just turn it over”. Then she stood by her original decision and ordered that the prosecution must turn over un-redacted video footage to the defense.

Mosley also alerted the court that the defense plans to file a motion to request release conditions for Williams, due to her deteriorating health. Mosley stated that Williams has been re-diagnosed with cancer and she needs to be able to receive proper treatment and medical care.

A motions hearing is scheduled for Nov. 9.

Judge Says Murder Defendant Won’t Cooperate with Mental Evaluators

On Oct. 18, DC Superior Court Judge Anthony Epstein rescheduled a mental observation hearing for a homicide defendant unwilling to take part in the evaluation.

Raymond Mathis, 36, along with Deandre Sams, 27, and Keshawn Lavender, 22, are charged with first-degree murder for their alleged involvement in the fatal shooting of 32-year-old Matthew Miller on Sept. 5 in an apartment on the 200 block of M Street, SW.

According to Metropolitan Police Department (MPD) documents, the three defendants attempted to steal drugs and money from those in the apartment. The plan went awry, leading to a shooting that injured five and killed Miller. All three defendants were shot.

At what was supposed to be a mental observation hearing, Judge Epstein described the defendant as “not willing to speak with [the evaluator].” He stressed to Mathis it is important for him to cooperate in order to get the best defense possible since his attorney needs to “be able to work with [him].”

The defense attorney, Carrie Weletz, suggested that Mathis was never transported and not told about the interview. She contends that he now understands the interview process and will meet with the evaluator once the appointment is rescheduled.

According to Judge Epstein, the case is stalled until the issue gets resolved. He rescheduled the appointment and the mental observation hearing, urging Mathis to “help move the case along” by complying with court orders.

The next hearing in the case is scheduled for Oct. 30.

Juvenile Defendant Pleads Guilty to Two Shooting Incidents

On Oct. 18, a juvenile defendant charged in connection to two shootings accepted a plea deal in front of DC Superior Court Judge Robert Salerno.

The juvenile, a 17-year-old male, was arrested on Sept. 15 for his involvement in two separate shooting incidents.

According to prosecutors, the defendant fired a gun into the air on Feb. 22, on the 2200 block of Savannah Terrace, SE. There were no reported injuries. Officers from the Metropolitan Police Department (MPD) were able to identify the juvenile as the shooter from surveillance footage.

On June 9, the defendant fired a gun at a vehicle that was exiting a parking lot on the 2200 block of Alabama Avenue, SE. The driver, a woman, suffered from a life-threatening gunshot wound to her back. MPD officers identified the defendant as the shooter from a still-shot that was recovered from surveillance footage that depicted the incident.

He was arrested on Sept. 15 and charged with several counts, including assault with intent to kill.

He accepted a deal that required him to plead guilty to felony assault, two misdemeanor counts of possession of an unregistered firearm, two misdemeanor counts of possession of unregistered ammunition, and two misdemeanor counts of unlawful discharge of a firearm, for his involvement in both incidents. He is required to pay $1,200 in restitution for the June 9 incident.

Prosecutors agreed they would only seek commitment for the charges until he is 19 years old.

Following his guilty plea, the defense attorney requested the defendant be released to a shelter house, stating that his family has enrolled him in a virtual school program, and that his family is “deeply committed in supporting him in the next stage”.

She argued that his release would give him an opportunity to show he can do well in the community and is committed to self-improvement. She requested 24 hour confinement at the shelter and GPS monitoring.

Prosecutors opposed the defense’s request, stating that the matters involved a firearm being shot twice, and he was nowhere to be found for three months between his alleged attempt to turn himself in and his actual arrest date.

The defense attorney argued the juvenile initially tried to surrender but was turned away by police.

The defendant alleged that, before his arrest, he injured his foot by jumping out of a window because MPD officers had arrived to serve a search warrant at a location where he was at the time, and he got scared because he’s “seen what they do to Black kids”.

Judge Salerno denied the defense’s request for release, stating that he admitted his guilt and remains a danger to the community and a flight risk.

The defense attorney asked what Judge Salerno would need to see at the disposition hearing to help the release argument, which Judge Salerno rebuffed saying he’s unable to tell the defendant exactly what to do to be released.

Parties are expected back for a disposition hearing Nov. 17.

Non-Fatal Shooting Defendant Waives Right to Preliminary Hearing

On Oct. 18, DC Superior Court Judge Renee Raymond accepted a defendant’s waiver of his right to a preliminary hearing in a non-fatal shooting case.

Manaen Hines, 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 shooting that occurred on Aug. 18, on the 3000 block of Martin Luther King Jr. Avenue, SE. One individual was shot and transported to a local hospital for non-life-threatening injuries to their back and abdomen.

With this waiver, Hines agreed to give up his right to cross-examine the prosecutor’s witnesses and hear their evidence against him.

Hine’s defense attorney, Peter Cooper, asked the court to release his client based on his limited criminal history and strong familial support.

The prosecutor argued for detention to be maintained due to this being “a very violent offense, a very serious offense.”

Judge Raymond ruled in favor of the prosecution, saying, “presumption [of detention] has not been rebutted by the defense,” and the court documents show clear and convincing evidence of “probable cause at a minimum”.

The indictment clock will be paused as plea negotiations continue between parties.

The next hearing is set for Oct. 30 in front of Judge Heidi Pasichow.

Judge Denies Request to Release Non-Fatal Shooting Defendant

At an Oct. 18 presentment hearing, DC Superior Court Judge Eric Glover denied a defendant’s request for release.

Ni’Jhae Curry, 33, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for her alleged involvement in a non-fatal shooting at the 900 Block of Sycamore Drive, SE, on Oct. 17. There were no reported injuries.

According to court documents, the Metropolitan Police Department (MPD) arrived at the reported location after being dispatched due to gunshots. The police arrived to find an individual stating that Curry had fought with her and fired one round at her after a dispute between them. Two witnesses attempted to aid the complainant and diffuse the fight.

Judge Glover found probable cause for the case following prosecution’s argument that the complainant identified Curry as the shooter.

Curry’s defense attorney, Page Resnick, motioned for Curry’s released as she awaits further proceedings.

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

Parties are expected back for a preliminary hearing on Oct. 20 in front of Judge Erik Christian.

Key Witness Problem delays Non-Fatal Shooting Trial

On Oct. 18, at a hearing that was supposed to be a trial, DC Superior Court Judge Lynn Leibovitz released a defendant charged in a non-fatal shooting incident after a critical witness failed to appear in court.

Marcellus Stewart, 27, is charged with two counts of assault with a dangerous weapon, two counts of assault with significant bodily injury while armed, and four counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in a non-fatal shooting on May 17 on the 4600 block of Hillside Road, SE. The incident left three people suffering from non-life-threatening gunshot wounds.

At a previous hearing on Sept. 29, prosecutors alerted Judge Leibovitz they were having issues contacting one of the key witnesses.

According to prosecutors, their inability to contact and have the witness at court was due to the individual’s detention outside the District’s jurisdiction in an unrelated matter. He was scheduled to have a bond review hearing on Oct. 18, but it is unclear if he was released.

Due to the prosecutors’ inability to guarantee the witness would show up to testify, Stewart’s defense attorney, Camille Wagner, filed a motion to release Stewart citing the prosecution’s inability to be prepared for trial.

In granting the defense’s motion, Judge Leibovitz said Stewart would be restricted to home confinement and would only be allowed to leave home for medical reasons or to go to court.

Parties are expected back for a status hearing on Oct. 24.

Judge Finds Probable Cause in Homicide Case

On Oct. 18, DC Superior Court Judge Robert Okun resumed the preliminary hearing of Pedro Funes, a suspect in a homicide case.

Funes, 33, is charged with first-degree murder while armed for his alleged involvement in the death of 30-year-old Arnold Humberto Solis on the 2200 block of Champlain Street, NW, on July 26.

During the cross-examination of a detective from the Metropolitan Police Department (MPD), the defense focused on the fact there was no footage of the actual shooting. Therefore, the defense says there is no evidence showing who shot Solis and what exact time he was shot.

Funes’ defense attorney, Dana Page, asked the detective if he could prove the picture of a gun Funes had sent in a message to Solis was initially taken on Funes’s phone camera or was a screenshot. The detective said he did not know.

In redirect, a video from a liquor store was presented to the court which allegedly shows Funes threatens Solis. The detective confirmed that it was Funes who made the threat.

The prosecution stressed the close relationship between Funes and Solis. According to the prosecutor, the shooting “occurred between two close friends,” which explains how the shooting was able to happen in close proximity. The prosecution also mentioned the picture of the gun Funes sent to Solis is a nine millemeter caliber. The casing retrieved from the crime scene was also a nine millimeter.

Page agreed that Funes and Solis had a close friendship but argued that there is no evidence explaining why the defendant would shoot the decedent. According to Page, it makes no sense that Funes would kill his friend.

Judge Okun said, “I am going to find probable cause.” He concluded there was enough evidence from the threat and the picture of the gun matching the casings. He ruled the defendant would be held until his trial because he allegedly shot Solis when he was on supervised release for an unrelated matter.

A status hearing will be held on Dec. 6.

Document: Man Dead After Shooting in Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Oct. 17 on the 4100 block of East Capitol Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a man with gunshot wounds. He succumbed to his injuries at the scene.

The victim was identified as 24-year-old Raequan Williamson.

MPD is offering a reward to anyone that provides information which leads to an arrest and conviction of the person or persons responsible for each homicide.

Document: Woman Arrested in Shooting in Southeast

The Metropolitan Police Department (MPD) announced a woman was arrested in a shooting that occurred on Oct. 17 on the 900 block of Sycamore Drive, SE.

According to MPD documents, the woman assaulted a victim at the location. During the assault, the woman produced a handgun and fired at the victim before fleeing the scene. The victim was not injured, and the woman was arrested, with two firearms recovered by responding officers.

The woman, 32-year-old Ni’jhae Curry, was arrested and charged with assault with a dangerous weapon (gun), carrying a pistol without a license, endangerment with a firearm, carrying a rifle without a license, two counts of possession of an unregistered firearm, two counts of possession of unregistered ammunition, simple assault, and national firearms act.

Document: Northeast Shooting Leaves Man Dead, Another Injured

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man and left another injured on Oct. 16, on the 300 block of Tennessee Avenue, NE.

According to MPD documents, officers responded to the location for the report of sounds of gunshots, where they located two men with gunshot injuries. One succumbed to his injuries at the scene, and the other was transported to a local hospital for treatment of non-life-threatening injuries.

The victim’s identity is being withheld pending next of kin notification.

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

Homicide Defendant Waives Right to Independent DNA Testing

On Oct. 18, DC Superior Court Judge Rainey Brandt accepted a defendant’s waiver of his right to independent DNA testing.

Delonte Jackson, 24, is charged with first-degree murder while armed, three counts of possession of a firearm during a crime of violence, and two counts of unlawful possession of a firearm, among other charges, for his alleged involvement in the murder of 44-year-old Artavarn Wagner on March 3, 2022, on the 1700 block of Gales Street, NE.

The prosecution stated that its testing has been conducted on cartridge casings found at the scene and swabs from a vehicle–as well as a firearm allegedly recovered by police, which the prosecution states it also intends to test.

The prosecution also has autopsy evidence including fingernail clippings, which they do not intend to test at this time.

Jackson’s defense attorney, Megan Allburn, stated that Jackson understands his right to test evidence and chooses to waive his right.

A status hearing is scheduled for Feb. 22.

Prosecution Calls Detective in Motions Hearing for 2020 Homicide Case

On Oct. 18, the motions hearing in a 2020 fatal shooting case continued with the prosecution calling an investigating detective to testify before DC Superior Court Judge Maribeth Raffinan.

Deon Walters, 20, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, 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. The incident occurred on the 6000 block of 8th Street, NW.

During the third day of hearings, the prosecution called a Metropolitan Police Department (MPD) detective to testify about Walters’ arrest and detainment. According to the detective, he discovered multiple .40 caliber shell casings near the scene and recalled the area looking like an altercation had occurred because the dirt was unsettled.

The prosecution displayed a T-Mobile phone bill with Walters listed as the subscriber. The detective testified Daniels’ last outgoing phone call was to Walters’ phone. Court documents allege Daniels’ was attempting to purchase a handgun from Walters.

During cross examination, defense attorney Sylvia Smith presented body-worn camera footage of Walters’ arrest suggesting the police may have gone too far. Police officers can be heard stating, “We have you in the area surrounded,” outside of his home. In a separate screenshot, Walters is shown detained in the back of a police car.

In another clip from the body-worn camera footage, the detective is heard telling officers Walters had probable cause to commit a homicide.

Smith said the detective had no grounds to make the probable cause claim without submitting the required paperwork.

The detective was not able to finish his testimony due to time constraints and will complete it on Oct. 24.

As a result, the outstanding motions will be ruled on at a later date.

Judge Raffinan vacated the original trial date of Oct. 30, and rescheduled it for Nov. 6.

Parties will reconvene on Oct. 24 for a continuation of the motions hearing.

Judge Denies Homicide Defendant’s Request For Release

On Oct. 17, DC Superior Court Judge Maribeth Raffinan denied a request for the release of a 2021 homicide defendant.

Deonte Patterson, 27, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and obstruction of justice for his alleged involvement in the fatal shooting of 32-year-old Ali Jamil Al-Mahdi. The incident occurred on Aug. 23, 2021, on the 1800 block of 9th Street, NW.

On Oct. 5, defense attorney Cheryl Stein filed a motion for Patterson’s supervised release.

In the motion, Stein argued Patterson’s detainment was based on emergency legislation that is set to expire on Oct. 18. According to court documents, this legislation finds that the “presumption of dangerousness is now triggered whenever the court finds that there is probable cause that the person committed any of the foregoing offenses while armed with or having readily available a pistol…” Under this legislation, the court found probable cause at Patterson’s detention hearing.

Prosecution argued Patterson was a “flight risk,” and expressed he should remain in detainment.

Judge Raffinan acknowledged the emergency legislation will be in effect for at least another 90 days and denied the motion for his release.

Parties are expected to reconvene Feb. 7 for an hearing about defense access to evidence in the case.

Experts Testify About Validity of Homicide Suspect’s Statements to Police

On Oct. 16 and 17, two expert witnesses testified in a motions hearing before DC Superior Court Judge Maribeth Raffinan about whether a murder suspect fully understood what he told police.

The expert testimonies were conducted to inform Judge Raffinan’s decision on the defense’s motion to suppress any statements Walters provided to Metropolitan Police Department (MPD) officers while waiving his Miranda rights against self-incrimination.

In the motion filed by Sylvia Smith, Walters’ defense attorney, she argued Walters did not waive his rights voluntarily, as the “circumstances surrounding his waiver were manipulative and coercive.”

Smith called a forensic clinical psychologist to testify about Walters’ interrogation.

In a video clip of the interrogation, Walters says, “My stomach hurts and I haven’t eaten all day”. The psychologist claimed these factors could have an impact on Walters’ understanding of the Miranda waiver and stated, “Your physical state will impact your thinking.”

In addition, she argued Walters’ low IQ, combined with his under developed prefrontal cortex, could lead to a lack of verbal comprehension, thus making it difficult to understand what the officers were telling him.

Smith focused on how fast Walters’ Miranda rights were read to him, arguing how difficult it would be for Walters to understand what was being said. She argued the conditions of the room being cold, and having to wait four hours before the interrogation, would also impact Walters’ ability to provide voluntary statements.

Meanwhile, prosecutors called a former psychology professor and executive director at the Center for Law, Brain, and Behavior to testify his findings on the interrogation of Walters.

From viewing the interrogation video, the doctor didn’t expect Walters to have trouble with oral fluency and comprehension, given he was in a familiar environment since he had previously undergone an interrogation.

In describing the interrogation, the doctor stated, “It was almost like a chess game, in terms of what do they know and what do I have to give up.”

Based on the video, the doctor acknowledged Walters appeared to be fully engaged in the conversation and did not look under duress.

During the cross-examination, Smith argued a person’s IQ can impact their understanding of their Miranda rights. The doctor agreed that youth between the ages of 15-to 17-with a low IQ would perform poorly given a Miranda warning.

There were no rulings at the hearing as a key detective is expected to testify Oct. 18, and the remaining motions will be decided at a later date.

They include the defense motions to dismiss the indictment due to withholding of excupatory evidence, as well as suppress evidence from the search of Walters’ girlfriend’s home.

Because of the pending motions, the trial is expected to be pushed back to November.

Parties are expected to reconvene Oct. 18 in order to continue the motions hearing.

Defendant’s Sentence Suspended in 2022 Non-Fatal Shooting at Police

On Oct. 17, a defendant was given a suspended sentenced in a 2022 non-fatal shooting case in a hearing before DC Superior Court Judge Errol Arthur.

Lamiko Wheeler, 45, was originally charged with assault of a law enforcement officer while armed, assault with a dangerous weapon, and two counts of possession of a firearm during a crime of violence, for his alleged involvement in a non-fatal shooting that occurred on the 400 block of Oakwood St, SE, on Feb. 26, 2022. The incident left two individuals, including Wheeler, suffering from non-life-threatening injuries.

According to court documents, officers responded to the location for the report of a shooting, where they located a victim suffering from gunshot wounds. Wheeler was ordered by Metropolitan Police Department (MPD) officers to drop his firearm, and did not comply. Two officers discharged their service weapons, striking Wheeler, at the same time as he discharged his weapon. No officers were injured during the incident.

On Aug. 24, Wheeler accepted an offer extended by prosecutors to plead guilty to one count of assault on a police officer and assault with a dangerous weapon in exchange for a dismissal of all other charges. In the agreement, prosecutors also stated they would not seek an indictment.

During the sentencing hearing, Wheeler said, “I want to take full responsibility as a man,” adding, “it wasn’t me.”

Judge Arthur responded, “I understand that it’s not you, but the consequences could have been grave.”

The defense noted Wheeler and others had taken some drugs before the incident leading to his actions.

According to prosecutors and Jesse Winograd, Wheeler’s defense attorney, he has no criminal history. Jesse Winograd said, “He is not a person who requires incarceration.”

The prosecutor acknowledged that Wheeler has, “been a very upstanding citizen.”

Since his release in late 2022 Wheeler has complied with his release conditions and there have been no issues.

Judge Arthur sentenced Wheeler to 18 months for assault on a police officer while armed, and 12 months for assault with a dangerous weapon. However, both sentences were suspended, meaning Wheeler will not have to serve time.

As part of his sentence, Judge Arthur imposed two years of probation for each charge, which will run concurrent.

Wheeler has to register as a gun offender and pay $200 to the Victims of Violent Crime Fund.

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