Defense Wants Homicide Defendant Moved to DC Before Trial

On July 18, during a status hearing defense attorneys requested that a homicide defendant be brought back to the DC area while awaiting trial to work better with his attorneys.

Derryck Decuir, 31, is charged with assault with intent to kill while armed, first-degree murder while armed against a minor, attempt to commit robbery while armed against a minor, two counts of possession of a firearm during crime of violence, unlawful possession of a firearm from a prior conviction, carrying a pistol without a license, obstruction of justice, and tampering with physical evidence, for his alleged involvement in the shooting death of Malek Mercer, 15, around the 2800 block of 28th Street SE, on June 9, 2015.

At the hearing, defense attorney Dana Page discussed communication challenges at the Virginia facility where Decuir is currently being held. She said that the jail has not been giving Decuir documents relevant to his case.

Page also said meetings with Decuir over legal matters have not been kept confidential and complained about having to pay for phone calls with her client.

DC Superior Court Judge Maribeth Raffinan told the parties that she does not have the authority to move Decuir and that it must be decided by the U.S. Marshals Service.

Defense attorneys have previously requested that a U.S. Marshal be present in hearings to decide on transferring Decuir to the DC area.

Parties are set to discuss the matter with a U.S. Marshal representative on Aug. 15.

Judge Grants Request to Reopen Preliminary Hearing Following New Evidence

On July 18, D.C. Superior Court Judge Maribeth Raffinan granted a defense request to reopen a preliminary hearing after new witnesses were located.

Jermall Johnson, 39, is charged with second-degree murder while armed while co-defendant Rafeal Stevens, 28, is charged with first-degree murder while armed for their alleged involvement in the shooting death of 50-year-old Aniekobo Umoh around the 2700 block of 7th Street, NE, on December 29, 2022.

During the hearing, Steven’s defense attorney, Jason Tulley, made a request to reopen the preliminary hearing as he said new evidence would show that there is no probable cause in the case.

Tulley argued that two new witnesses who were not known at the time would show that Stevens and Johnson acted in self-defense with Umoh’s being the aggressor.

The prosecutor objected, arguing that the defense did not notify them about the new evidence. Further, the evidence would be insufficient or untrustworthy unless the defense revealed what information the witnesses would present in court.

The prosecutor reviewed the evidence found at the scene. They argue Johnson, Stevens, and Umoh allegedly got into an argument at a liquor store; Stevens shot the victim in the chest and that Johnson and Stevens were the initial aggressors.

Tulley countered saying the video presented at the previous hearing did not have audio. According to the defense, the new witnesses believe Umoh was acting in a threatening manner that initiated the conflict.

Parties are set for a second preliminary hearing before Judge Raffinan on Aug. 21, to hear from the new witnesses.

Judge Weighs Release Arguments for Homicide Defendant

On July 18, D.C. Superior Court Judge Maribeth Raffinan listened to arguments about the alleged dangerousness of a homicide defendant.

Derricko Johnson, 19, is charged with first-degree murder while armed, three counts of possession of firearm during crime of violence, and two counts of assault with intent to kill while armed for his alleged involvement in the shooting death of 16-year-old Justin Johnson on the 2200 block of Savannah Terrace, SE on May 26, 2022.

After being released into the high intensity supervision program (HISP) on July 18, 2022, Johnson was arrested on April 10 for failing to comply with the terms of his release.

A prosecutor opposed release argued that during Johnson’s release he was selling marijuana while wielding firearms in homemade music videos.

Defense attorney Kevann Gardner requested pretrial release stating that the prosecutors have “weak evidence” to keep Johnson in custody and that the there’s no proof the guns in the videos are real.

Following the arguments Judge Raffinan requested time to review the matter and will render her decision at a July 21 hearing.

Parties are set to hear Judge Raffinans decision on July 21.

Homicide Defendant Sentenced After Plea Deal at Emotional Hearing

On July 18, family members of a homicide victim gave emotional impact statements following the defendant’s acceptance of a plea agreement.

Jean Paul Kearney, 36, was sentenced to 20-years for his involvement in the shooting death of 33-year-old Dontra Harris. Harris, who was a lifelong friend of Kearney, was fatally shot near the 1800 block of 24th Street, NE on April 4, 2021.

Kearney was originally charged with first-degree murder while armed, assault on a police officer while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, possession of a large capacity ammunition feeding device, and obstruction of justice, for his involvement in the April 2021 homicide, and the shooting that occurred outside his residence on May 13, 2021 when officers were serving a search warrant.

On April 27, Kearney pleaded guilty to second-degree murder, following a mistrial that found him guilty of all counts except first-degree murder, as the jury was unable to reach a unanimous decision. All sentences will run concurrently.

During sentencing, Harris’ family members gave victim impact statements targeting Kearney, claiming that his actions were cowardly.

“A mother should not bury her children, it should be the other way around,” Harris’ mother tearfully stated.

Harris’ father angrily stared at the defendant stating “I feel like coming across the table.”

After victim impact statements, the prosecutor discussed how the Metropolitan Police Department (MPD) had to implement new tactics for executing search warrants as a result of this case. When officers attempted to enter Kearney’s home, he opened fire striking a brick wall next to officers at the front door.

Defense attorney Michael Madden requested that Kearney be placed in a facility that will care for his mental health needs. Madden referred to Kearney’s actions as having a “nonsensical motive,” as he only had two prior convictions for drugs and that this crime was a result of poor mental health.

DC Superior Court Judge Maribeth Raffinan considered a recommendation to have Kearney placed in a mental health treatment facility during his incarceration to help with anxiety and depression.

Then Judge Raffinan sentenced Kearney to 20-years for second-degree murder with all other counts running concurrently.

In an interview with D.C. Witness Harris’ mother stated there should be “a life for a life,” unsatisfied with the 20-year sentence imposed on Kearney.

When asking the father about the sentence he stated, “He didn’t get the time that he needed.”

Document: Homicide: 600 Block of Monroe Street, Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on July 17 on the 600 block of Monroe Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male shooting victim. He was transported to a local hospital, where he succumbed to his injuries.

The victim was identified as 44-year-old Robert Lavender.

Expert Witness Says Double-Homicide Victims Died from Gunfire

On July 18, the fourth day of a 2021 double-homicide trial, there was more testimony about the shooting.

Jalen Browne, 21, is charged with two counts of first-degree murder while armed, four counts of assault with intent to kill, and six counts of possession of a firearm during a crime of violence for his alleged involvement in a fatal shooting on the 100th block of Q Street, NW, on July 25, 2021.

Of the six victims at the scene, three were uninjured. Jovan Hill Jr, 22, and Tariq Riley, 19, suffered fatal wounds and later died at MedStar Hospital. A third victim, 22, suffered a gunshot wound to the lower back but survived.

A forensic pathologist from the DC Office of the Chief Medical Examiner stated that both victims had a single gunshot wound to the back. The pathologist said the resulting injuries damaged the lungs, spine, and heart, and the bullets weren’t fired from close range.

The medical examiner confirmed the cause of death for both Hill and Riley as gunshot wounds to the back. The manner of death was ruled as a homicide for both victims as well.

Witness testimony before DC Superior Court Judge Robert Okun is slated to continue on July 19.

Judge Denies Release for Homicide Defendant

On July 18, D.C.Superior Court Judge Maribeth Raffinan refused to authorize a homicide defendant’s pretrial release following concerns about the community’s safety.

Tony Morgan, 29, is charged with first degree murder while armed, conspiracy, first degree murder with aggravating circumstances, two counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, and unlawful possession of a firearm.

Co-defendant Martinez Raynor, 23, is charged with first-degree murder while armed, conspiracy, felony murder while armed with aggravating circumstances, two counts of possession of a firearm during a crime of violence, two counts of carrying a pistol without a license, and possession with intent to distribute a controlled substance while armed.

Morgan and Raynor were arrested for their alleged involvement in the shooting death of 19-year-old Malik McCloud on the 3500 block of Wheeler Road, SE, on Oct. 20, 2018.

At the hearing, Morgan’s attorney, Steven Kiersh, requested Morgan’s pretrial release based on family circumstances. Kiersh said that Morgan’s mother was recently diagnosed with cancer and release would allow Morgan time to take care of his children.

The prosecutor opposed the request stating DNA evidence recovered from the vehicle used in the crime ties Morgan to the shooting. The prosecutor argued Morgan’s release would endanger the community.

Judge Raffinan denied the defense’s request for pretrial release after reviewing Morgan’s previous criminal record which included prior offenses for violent crimes that were committed during his probation in Prince George’s County MD .

Meanwhile, DNA testing in the case has been completed.

Parties are set for a status hearing on September 22 to review the DNA results before Judge Raffinan.

Document: Arrest Made and Vehicle Sought in an Armed Carjacking (Gun) Offense: 2300 Block of R Street, Southeast

The Metropolitan Police Department (MPD) arrested and charged 27-year-old Marcus Lavelle Thompson with armed carjacking (gun), carrying a pistol without a license, possession of unregistered ammunition, and possession of a large capacity ammunition feeding device for his alleged involvement in an armed carjacking that led to him being shot by the victim.

According to MPD documents, Thompson and other suspects were in a vehicle that approached the victim. Thompson exited the vehicle and pointed his gun at the victim while demanding the victim’s vehicle. The victim took out his own gun and shot Thompson. The vehicle with other suspects fled the scene, while the victim remained to render aid to Thompson.

The victim has a valid conceal carry permit and his firearm was registered.

MPD is searching for a dark GMC SUV connected to the suspect.

Defendant Pleads Not Guilty to All Charges in 2021 Homicide

On July 14, a defendant in a 2021 homicide case was arraigned before DC Superior Court Judge Maribeth Raffinan.

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

Morris’ defense attorney, Steven Kiersh, alerted the court Morris was pleading not guilty to all charges and asserted his trial rights.

A representative from the Pretrial Services Agency (PSA) said Morris is in full compliance with his release conditions.

Parties are expected to return on July 27 for a status hearing.

Homicide Defendant Pleads Not Guilty in 2022 Shooting

On July 14, Marcus Walker pleaded not guilty to charges connected to the shooting death of Eric King.

The shooting occurred on the 1400 block of Good Hope Road, SE. Walker, 23, allegedly shot King, 28, on Oct. 11, 2022, over a personal dispute.

Walker, 23, was indicted in May for one count of first-degree murder while armed, one count of assault with a dangerous weapon against a minor, one count of assault with a dangerous weapon, one count of second-degree cruelty to children, one count of possession of a large capacity ammunition feeding device, and three counts of possession of a firearm during a crime of violence.

According to witnesses, Walker confronted King and argued with him before pulling the trigger twice, striking King’s chest and groin area.

Defense counsel, Jesse Winograd, requested a speedy trial and preservation of evidence to protect Walker’s constitutional rights. An evidentiary hearing will be scheduled to discuss body camera footage and additional evidence.

The next hearing is set for Aug. 21.

Released Defendant Pleads Not Guilty in Mass Shooting Incident

On July 14, a defendant in a 2022 homicide case was arraigned before DC Superior Court Judge Maribeth Raffinan.

Gerald Thomas, 20, is charged with first-degree murder while armed, second-degree murder while armed, and several other charges for his alleged involvement in a mass shooting that led to the death of 20-year-old Dasha Cleary on Jan. 27, 2022, on the 4400 block of Connecticut Avenue, NW. The shooting left four others injured, including Thomas’ girlfriend.

Thomas’ defense attorney, Aubrey Dillon, alerted the court Thomas was pleading not guilty to all counts and asserted his trial rights.

Parties then discussed the prosecution’s request to detain Thomas until trial.

The prosecution said Thomas was arrested in Prince George’s County, Maryland for alleged drug and gun offenses indicating he should be held.

The prosecution also noted a pending law in the District that would broaden the conditions for pre-trial detention and that probable cause has been determined in Thomas’ case.

A relative of the victim spoke in support of Thomas’ detention, saying there is “no reason he should be free” and asking the Court to “please put him in jail.”

The defense responded saying the Prince George’s County case has been dismissed and Thomas has been in perfect compliance with his release conditions.

Judge Raffinan said she’ll wait to see if the new DC law is signed and if the prosecution the wants to respond accordingly.

The Judge ruled there has been no change that warrants Thomas’s being detained and denied the prosecution’s request.

Parties are expected back on Nov. 14 for a status hearing.

Homicide Victim’s Relative Asks ‘Why?’ During Sentencing

In a July 14 hearing, DC Superior Court Judge Michael O’Keefe sentenced a homicide defendant to 10- years for one count of voluntary manslaughter while armed.

Donjae Parker, 17, was convicted for the fatal shooting that killed 15-year-old Malachi Jackson on April 11, 2022 at the 3000 block of 13th Street, NW. According to court documents, the night of the homicide, Parker was caught on surveillance footage prior, during, and after the crime.

In April, Parker pleaded guilty to one count of voluntary manslaughter while armed, instead of the initial first-degree murder charge

Every seat in the courtroom was occupied, both by Jackson’s and Parker’s families during the proceedings. The Jackson family wore shirts in honor of their loved one.

Addressing the court during her impact statement, a Jackson family relative said, “What I want to know more than anything is why the defendant killed [the victim].”

“The process of this tragedy is beyond words… He took away sanity,” she argued.

Defense Attorney Prescott Loveland a video of apologies from the defendant’s family.

“I can’t apologize for Donjae per se, but from my heart, I’m sorry,” said one relative.

“You lost your son and there’s nothing I can do,” said another.

And finally from another concerned relative from the defendant’s family, “My heart bleeds for you.”

The defense counsel requested the sentencing occur after Parker graduates from high school in the spring of 2024.

Parker then addressed the court himself and said, “I would like to send my apologies to the family of Malachi Jackson… if I could, I would trade places.”

Judge O’Keefe then addressed the parties, including the defendant saying, “Ms. Jackson asked one question, which was ‘Why?’ Does anyone have an answer for her?”

Loveland admitted that he was hesitant to answer.

Judge O’Keefe then imposed the 10-year sentence agreed in Parker’s plea and five years supervised probation.

Then this final comment from a victim’s relative:

“The crime wave is never gonna end. Parents are hurting, taunted, and targeted by other families like we were. How could you get mad with the family that wants justice?”

She stated that Parker received a “slap on the wrist” with his sentencing.

“We want to grieve, this is our healing process. What we have is love in our hearts,” she stated.

Homicide Defendant in Detox is Missing From Court

On July 14, a defendant was absent from court because he’s in drug detox.

Ronnie Melson, 42, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting 41-year-old Demetrius Jones. The incident occurred on Nov. 6, 2020 at the 1700 block of Gales Street, NE.

While Melson has been on home confinement for the past six months, he has continuously tested positive for illegal substances including fentanyl.

DC Superior Court Judge Michael O’Keefe considered issuing a bench warrant. Defense counsel asked for the court to hold off in order to allow for Melson’s detox to take effect.

Judge O’Keefe decided against issuing a bench warrant until July 17 when parties, including Melson, are expected back in court.

Double-Murder Defendant’s Family Members Say They were Threatened

On July 17, as witness testimony continued in a 2021 double-homicide trial, the defendant’s family said they have been threatened by family members of the victims.

Out of the six involved at the scene, three were uninjured. However, Jovan Hill Jr, 22, and Tariq Riley, 19, suffered fatal wounds and later died at MedStar Hospital. A third victim, 22, suffered a gunshot wound to the lower back but survived.

Prosecutors called forth two of Browne’s family members who were present when the shootings took place, and they testified about how they were threatened after the incident. As a consequence, one witness said that’s why he moved out of the District.

“My entire family’s safety was at risk,” said the witness.

Both witnesses said one family member was accused of orchestrating the murders and that the individual was stalked and harassed by the victims’ families.

“There was a hit out on him and myself and that we needed to go,” said the witness.

Browne’s family has since filed a police report about these incidents.

The trial before DC Superior Court Judge Robert Okun is slated to continue on July 18.

Judge Grants Motion to Extend Indictment Deadline

On July 17, Superior Court Judge Maribeth Raffinan granted a prosecutors’ motion to extend the indictment deadline allowing them an extra 30-days to charge a homicide defendant.

Desmond Gaskin, 37, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 40-year-old William Whittington Jr., on the 400 block of Burbank Street, SE, on July 19, 2022.

During the hearing, prosecutors argued they needed an extension because they have been working on getting a witness to testify to the grand jury since October of 2022.

The defense objected arguing that it has been nine months since charges were filed and the indictment deadline is July 18–then the defense asked that the case be dismissed.

Nonetheless, Judge Raffinan granted the extension.

D.C. Witness previously reported that Gaskin was released on Feb 2 and had a curfew of 11 p.m. until 6 a.m. under supervision. The defense argued that Gaskin had been compliant and the removal of his curfew would help Gaskin with his job.

A Whittington family member was present in court via remote camera and asked to be heard.

“The only thing we can close is his casket,” he said.

He also mentioned the two daughters Whittington left behind and how they would never be able to see their father walk through the door to hold them in his arms and say, “I love you.”

Ultimately, Judge Raffinan decided to modify but not remove the curfew.

The next hearing is scheduled for Aug 17.

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