Parties Give Opening Statements in a Non-Fatal Shooting Trial

On Oct 18, parties gave opening statements in a 2020 non-fatal shooting trial before DC Superior Court Judge Michael O’Keefe.

Vincent James, 39, is charged with aggravated assault knowingly while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm by a prior convict for his alleged involvement in a non-fatal shooting that took place at a liquor store on the 3900 block of South Capitol St, SE, on July 30, 2020. One individual sustained non-life-threatening injuries.

According to court documents, there were ten shots fired during the incident. The victim was found conscious with there gunshot wounds to the upper body.

During opening statements, a prosecutor told the jury while, “There will be some things that you will wonder about at the end of this trial…one thing you are not going to wonder is who shot the victim, it was [James]”

According to prosecutors, surveillance footage proves that James committed the shooting.

They say hours before the shooting, James used a credit card with his name on it at an AutoZone car parts store around the corner from the incident. They also cite surveillance footage from Autozone and security camera footage from outside the liquor store showing a man prosecutors identified as James wearing similar clothes in both videos.

The prosecution called the former owner of the liquor store who stated he recognized James as a customer who would come in every so often, but he was not there on the day of the shooting.

In her opening statements, James’ defense attorney, Susan Ellis, said, “[the prosecutor] has failed to put the pieces together,” adding, “[James] sits here as an innocent man”.

According to the defense, there is no DNA evidence or eyewitness testimony tying the suspect to the crime.

Ellis argued the evidence is not enough to prove that James shot the victim.

Parties will reconvene Oct 19.

Document: Male Arrested and Charged with Twenty Violent Crimes

The Metropolitan Police Department announced a man was arrested for multiple violent offenses throughout the city.

On Oct. 19, MPD officers executed a search warrant on the 2000 block of 1st Street, NW. As a result of the warrant, a man was arrested and a firearm recovered from the home. 18-year-old Malique Tyrone Outland was arrested and charged with armed carjacking (gun), for an incident that occurred on Sept. 3 on the 1500 block of Spring Place, NW. He’s also charged with possession of an unregistered firearm, possession of unregistered ammunition, and possession of a large capacity ammunition feeding device, for his alleged involvement in multiple incidents.

He faces an assault with a dangerous weapon charge for his alleged involvement in a non-fatal shooting incident that occurred on Aug. 16, on the 200 block of 37th Place, SE. It is unclear if anyone sustained injuries from the shooting.

Document: Victim Identified Man Dead After Shooting in Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Oct. 18 on the 700 block of 15th Street, NE.

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

The victim was identified as 37-year-old Daniel Hansford.

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

Co-Defendants Arraigned in Homicide Case

On Oct. 19, two homicide defendants were arraigned before DC Superior Court Judge Maribeth Raffinan.

Rafael Stevens, 38, and Jermall Johnson, 40, are charged with premeditated first-degree murder, first-degree felony murder, five counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, attempted robbery, and two counts of assault with a deadly weapon, for their alleged involvement in the shooting death of 50-year-old Aniekobo Umoh on Dec. 29, 2022, on the 2700 block of 7th Street, NE.

Stevens and Johnson pleaded not guilty to all charges and asserted their constitutional rights, including the right to a speedy trial.

Attorney Stephen Logerfo is representing Johnson with attorney Jason Tulley representing Rafael Stevens. The defense announced their intent to file a motion for severance, which would allow the defendants to hold separate trials.

The defense also motioned to modify a protective order to allow witness videos to be shown to the defendants, however, the motion was denied.

Parties will reconvene on Dec. 13.

The trial is set to begin Nov. 4, 2024.

Technical Issue Prevents Defendant from DNA Testing

On Oct. 19, a homicide defendant stated he wants to assert his rights to independently test DNA evidence but is unable to due to a shortage of essential materials used to test the evidence.

Eric Maurice Smith, 24, is charged with first-degree murder while armed in a drive-by or random shooting, two counts of assault with intent to kill, and five counts of possession of a firearm during a crime of violence, among other charges, for his alleged involvement in the shooting death of Rondell Wills, 38, on the 200 block of 50th Street, NE on May 3, 2018.

According to court documents, witnesses stated Smith was the driver of the vehicle the shots were fired from.

At the recent status hearing, the prosecution reported that two swabs taken from the shooters’ car were consistent with Smith’s DNA. Smith waived his right to test the rest of the evidence but declared his intent to retest the samples that prosecution had said allegedly matched him.

However, Smith’s defense attorney, Anthony Matthews, said that Smith had been unable to test the samples because of a shortage of reagents in the testing agencies. Reagents are used in chemical analysis and are an essential component of DNA testing –thus no agency has been willing to test the samples.

If the defendant is still unable to test by Nov. 9, he will decline his right to testing and the case will continue without it.

Parties are set to reconvene for a status hearing Feb. 13.

Homicide Defendant Refuses to Get off the Bus

On Oct. 19, a felony arraignment for a homicide defendant was rescheduled after he refused to get off the bus at DC Superior Court.

Jerome Israel, 19, is charged with premeditated first-degree murder, two counts of carrying a pistol without a license, two counts of unauthorized use of a vehicle, unlawful discharge of a firearm, and two counts of destruction of property, for his alleged involvement in the death of ChaQuan Barbett, 24, on Aug. 23, 2022. The incident occurred on the 2300 block of Minnesota Avenue, SE.

Israel’s defense attorney, Janai Reed, had no explanation why Israel would refuse to attend his hearing.

Israel was ultimately transported back to the jail.
He is scheduled to return Oct. 26 and arraigned before DC Superior Court Judge Maribeth Raffinan.

Document: Woman Killed in Northwest DC

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating the death of a woman on Oct. 14 on the 900 block of U Street, NW.

According to MPD documents, officers were flagged down in front of the location for a person on the roadway. Officers were advised the victim was assaulted and then struck by a vehicle. She was transported to a hospital where she succumbed to her injuries.

The driver of the vehicle remained on the scene and was not involved in the initial assault.

During the investigation, it was determined that the victim ended up in the roadway due to the assault.

The Office of the Chief Medical Examiner conducted an autopsy and ruled the cause of death to be multiple blunt force injuries and the manner of death a homicide.

The victim was identified as 30-year-old Anee Roberson.

MPD is working to identify the suspects who assaulted Roberson resulting in her death.

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

Document: Man Dies After Shooting in Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a shooting that killed a man on Oct. 18 on the 700 block of 15th Street, NE.

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

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

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

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.

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