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Defense and Prosecution Rest Their Cases In 2013 Murder Trial

On June 15, defense and prosecuting attorneys rested their cases in a multi-week murder trial.

Victor Coley, 60, was found guilty in 2015 for his involvement in a shooting that injured four individuals on Nov. 6, 2013 on the 3900 block of Minnesota Avenue, NE. He was convicted on 13 charges, including assault with intent to kill and possession of a firearm.

In 2021, 65-year-old Dennis Foster, one of Coley’s victims, succumbed to his wounds. As a result, Coley was charged with 17 counts, including first-degree murder, in 2022 and is now standing trial again as an extension of the original case. 

DC Superior Court Judge Michael Ryan oversaw the testimony and examination of three witnesses.

The defense called an investigator who took measurements of the area around the crime scene. He testified to certain distances the perpetrator of the crime would have traveled while evading police capture shortly after the shooting.

Defense attorneys then called a Metropolitan Police Department (MPD) sergeant who initially arrested Coley on the scene of the crime. His testimony gave insight into Coley’s behavior upon confrontation with police.  

Initially, said the witness, Coley was noncompliant. The witness said he told Coley, “I have a one-way ticket to Jesus if you don’t stop.”

The witness then testified to some of the objects recovered from Coley’s possessions following his arrest, including a wallet and a small knife. 

The prosecution, as part of their rebuttal case, called a surgeon at a nearby hospital to help the jury understand Coley’s medical records from the period preceding the crime. 

The doctor testified that Coley had both a defibrillator and a pacemaker, which should have regulated his heart enough to allow him to engage in physical activity comparable to the average person his age.

Upon cross examination, however, the witness agreed with defense attorneys that he had no knowledge of Coley’s actual physical capabilities at the time. 


In a note left to the judge, a juror with a medical degree claimed they recognized inaccuracies in the doctor’s testimony to the court. 

In order to prevent further confusion, the judge and both parties will be reviewing the testimony and will come to a consensus on how to instruct the juror to proceed. 

Parties are set to return for closing arguments on June 20. 

Judge Finds Probable Cause in a Three Victim Shooting Case

On June 14, DC Superior Court Judge Marisa Demeo found probable cause in a three-victim shooting case. 

Thomas Leach, 16, is charged as an adult with assault with intent to murder while armed, assault with intent to kill while armed, and the possession of a firearm during a crime of violence for his alleged  involvement in a non-fatal shooting of three victims on the 4000 block of Central Avenue, NE, at the Benning Road Metro Station on Dec. 8, 2022. According to MPD documents, the defendant and the intended victim went to school together.

Prosecution called the lead detective to the stand to review the video footage of the incident. The video at the metro station depicts the defendant approaching one of the victims, and the victim’s friend. 

The other two victims were hit by stray bullets. 

After the defendant approaches the victim, the defendant daps up the victim’s friend. According to the detective, after the defendant greeted the victim’s friend, the victim told the defendant “I don’t f**k with you.”

The defendant allegedly responded with “I don’t f**k with y’all either.” 

According to the detective and the surveillance footage, the dialogue was followed by the victim throwing a punch at Leach. 

Leach dodged the punch, and moments later, he allegedly shot the victim. 

The detective interviewed the victim, and noted that the victim and Leach had a history of occasional physical conflicts. The most notable being when the victim and his friends “jumped” Leach, resulting in Leach transferring schools due to safety concerns. 

Both individuals were dating each other’s close friends. 

Throughout the proceedings, both prosecution and defense frequently attributed the incident to that of a petty, jealousy dispute between high school students. 

Prosecution argued that there was sufficient probable cause for all three counts against Leach. 

Prosecution stated that Leach allegedly injured the victim on purpose and voluntarily. The defendant shot the victim within arms range, which prosecution claimed  demonstrated an intent to kill. 

Prosecutors noted that this incident could not be ruled as self defense, despite the victim’s attempt to punch Leach. She argued that the punch did not justify the defendant’s reactionary shooting.

Defense attorneys argued that there was not sufficient probable cause for the charges against the defendant.

The defense attorney maintained that there was no malice from the defendant in this case and that he was reacting to a provocation by the victim. He also noted that there is no evidence that this incident was planned out or coordinated by Leach. 

The defense attorney concluded by stating that none of the three victims were shot in a critical area which does not show an attempt to kill.

Judge Demeo ruled that there was sufficient probable cause on all three counts. She said that the defendant approached the victim first, which he did not need to do. His approach showed an intent to harm, alongside the defendant allegedly shooting the victim five times. 

She found the shooting to be voluntary and on purpose, and due to the nature of the weapon and the close range, the defendant intended to kill. 

She found that the slight provocation of the attempted punch was not adequate to justify the shooting, thus the defendant was not acting in self defense.

Upon Judge Demeo’s probable cause finding, she granted the prosecution’s request for continued detention. 

A felony status hearing is slated for Sept. 15.

Defendant’s Mental Observation Hearing Focuses on Racial Issues

On June 14, a mental observation hearing for 57-year-old Joseph Evans continued following lengthy cross-examination of a behavioral witness. 

Evans is charged with kidnapping while armed, first-degree sexual abuse while armed, and assault with a dangerous weapon for his alleged involvement in an incident committed on Sept. 24, 2012 on the unit block of K Street, NE. According to court documents, a gun was discharged during the incident. Evans is being held at Saint Elizabeth’s Hospital.  

Prosecutors called a psychologist from the DC Department of Behavioral Health (DBH), who does mental evaluations of Evans to testify about the suspect’s mental competency. The witness said Evans does show signs of mental illness, but that is not enough to declare him to be mentally incompetent. Based on the evaluations, Evans is aware of his alleged charges and is aware of his legal rights.

When asked by the prosecutor how she can assess whether or not someone can work with a counsel, she said “I look at one to see if they are stable enough to engage in a linear conversation. I look at their ability to identify evidence.” 

The witness believes Evans suffers from cultural paranoia, meaning a response by African Americans to be fearful of oppression and discrimination.

During the defense’s cross-examination, Andrew Ain addressed one of the statements made where Evans claimed to be a member of the Klu Klux Klan. He also asked the witness what other comments were made about Evans’ counsel by the defendant.

“Evans was doubtful regarding his attorneys’ ability to defend him since he is a black man and his lawyer is white,” she said. 

The witness also said “race comes up time and time again,” when the defense asked about the routine evaluations.

Evans’ has had numerous mental observation hearings since he was first indicted. This proceeding started on June 9, and DC Superior Court Judge Rainey Brandt hopes to have a decision by the end of the month. 

Parties are expected back in court on June 16.

Parties in Co-Defendant Homicide Case Disagree in Various Motions Filed

During a June 14 motions hearing, prosecution and defense attorneys in a homicide case presented different views of the evidence.

Nelfy Hernandez, 19, Deandre Levy, 22, and Trey Prillerman, 19, are charged with first-degree murder for their alleged involvement in the murder of 17-year-old Taijhon Wyatt on the 5500 block of 9th Street, NW on Aug. 10, 2020. 

DC Superior Court Judge Maribeth Raffinan began the motions hearing with the government’s attempt to dismiss Levy’s defense attorney, Jonathan Zucker, for conflicts of interest since one of Zucker’s other clients is allegedly involved in the current case.

“This is nothing other than a rumor,” said Zucker.

The prosecution argued Zucker’s potential conflict is “too big of a risk for mistrial.” 

Judge Raffinan said she would take the matter under advisement.

The defense then raised concerns about the admissibility of out of court statements made by a potential witness who’s involved in another trial. According to Elizabeth Weller, defense attorney for Prillerman, the witness’s statements “very much change the complexion of this case.” She added that the bulk of the evidence in the case is from this witness. 

Judge Raffinan decided that it is best to wait to address this motion pending the result of the witness’s trial in a separate matter. 

Levy is expected back in court July 5 to discuss counsel issues. 

All three defendants are expected back July 26.

Call Admitted Into Evidence As Prosecution Implies Murder was Retaliatory

On June 14, DC Superior Court Judge Robert Okun held a trial readiness hearing in a first-degree murder case with threw victims.

Jalen Browne, 21, is charged with first-degree murder while armed for his alleged involvement in a fatal shooting that took place on the 100 block of Q street NW, on July 25, 2021.

Jovan Hill, 22, and Tariq Riley, 19, suffered fatal wounds and later died at MedStar Hospital. A third victim suffered a gunshot wound to the torso, but he survived.

Both parties agreed that they were ready for trial, barring the one motion the prosecution brought forth, which requested that a 911 call to be admitted into evidence. 

It supposedly details f a robbery on May 9, 2021 in which Browne was the victim. The prosecution said the call is evidence for motive, stating that the shooting on July 25, 2021 was retaliation for the robbery. 

The defense counsel did not object to the motion, but stated that they would object to the evidence during trial as the prosecution has not yet proven that Browne was actually a robbery victim.

Trial is slated to begin on July 6.

Homicide Defendant Extradited From El Salvador and Held at DC Jail

On June 14, DC Superior Court Judge Michael O’Keefe ordered that a defendant in a 2014 homicide case be held at the DC Jail pending trial. 

Marvin Lopez, 43, is charged with first-degree murder for allegedly shooting and killing 27-year-old Evelyn Arroyo on Dec. 24, 2014. Lopez was indicted by a grand jury on Nov. 16, 2016.

Following his alleged involvement in the murder of Arroyo, the defendant fled the country, leaving his passport and belongings behind. Authorities had reason to believe he fled to El Salvador, and negotiations began between El Salvador and the United States in order to begin the extradition process. 

As part of the negotiations, prosecutors in DC agreed not to seek the death penalty, even though the District has banned capital punishment.

The extradition warrant was issued in El Salvador on Nov. 26, 2019. Authorities then began searching for Lopez in El Salvador, and he was ultimately arrested there on Mar. 12, 2021.

Lopez arrived in the United States on Mar. 30, 2023, and was presented to the court on March 31. He has been held in DC Jail since his arrival in the U.S.

The prosecution argued Lopez should continue to be held as he had previously demonstrated the ability to flee the country without a passport and that family ties in El Salvador might encourage him to abscond again.

They also stated that if he were to be released, U.S. Immigration and Customs Enforcement (ICE) would likely deport him back to El Salvador, making future court appearances impractical. 

The prosecutor said that due to the defendant’s unique set of circumstances, not “even the most stringent of creative combinations” of release conditions could guarantee his return to court. 

However, defense attorney Rachel McCoy argued that case law indicates ICE is often willing to delay deportation in such cases, and that Lopez also had family connections in the greater DC area that could allow him to be released on home confinement.

McCoy also presented court records showing that Arroyo, who had been romantically involved with Lopez, had attacked Lopez on several occasions. In one of these incidents, Lopez was allegedly forced into hiding in the bathroom after Arroyo began swinging at him with a kitchen knife. 

The prosecution then referred to several other alleged incidents indicating that both the suspect and the victim had attacked each other on several occasions both verbally and physically. 

According to Metropolitan Police Department (MPD) records, on one of these occasions Lopez said “If you break up with me, I will kill you.” Arroyo allegedly expressed a desire to break up with the defendant about a week before her murder. 

Lopez needed a Spanish interpreter throughout the hearing. 

Due to the defendant’s possible flight risk, the violent nature of the crime, and Lopez’s relationship with the victim, Judge O’Keefe ordered that Lopez continue to be held at DC Jail awaiting further procedures.

Trial is set to begin on Oct. 30, and Lopez will next appear before Judge O’Keefe on June 28.

Defendant Pleads Guilty in 2022 Shooting Case

On June 14, a defendant changed his plea to guilty after a deal was presented by the prosecution in a 2022 non-fatal shooting case.

Craig Peacock was charged with assault with intent to kill while armed and possession of a firearm during a crime of violence. He was arrested after allegedly shooting a victim near the 1100 block of 1st Street SE, on Oct. 26, 2022.

In court, defense attorney Johnathan Armstrong and the prosecution brought forth a plea agreement to reduce the assault with intent to kill charge to assault with a dangerous weapon, which Peacock accepted. The prosecutor stated that there was “no justification for the defendant’s conduct” following a review of the case.

DC Superior Court Judge Anthony Epstein asked Peacock whether he understood the proffer terms and wanted parties to prepare a pre-sentencing report.

Sentencing is scheduled in front of Judge Epstein on Aug. 29.

Defendant in a Brutal Murder Case Will Stay in Custody

On June 14, a detention hearing was held for Lavaughn Barnes, 33,  related to his first-degree murder charge.

Barnes is charged with first-degree premeditated murder while armed for his alleged involvement in the killing of 59-year-old Abdul Arias-Lopez on Nov. 4, 2022 on the 1300 block of Kearny Street, NE.

On February 3, Barnes placed a call to 911 stating that he had found human remains in his backyard. 

Arias-Lopez, a man who lived in Barnes’ neighborhood and helped the defendant paint the inside of his sister’s house, was found dismembered in the defendant’s backyard. 

After the medical examiner’s analysis, it was determined that Arias-Lopez was killed on November 4, 2022.

According to court documents, Barnes tased the victim in the back of the head and then beat him until he was incapacitated. Then Barnes allegedly dragged Arias-Lopez into his sister’s basement and left him there until he died. Then Barnes allegedly dismembered the victim and placed the body in his backyard. 

The defense counsel asked that Barnes be released as he has no prior criminal history, to which the prosecution objected due to the nature of the crime. 

The defense also acknowledged they had not confirmed housing and the supervision necessary for Barnes’s release.

DC Superior Court Judge Robert Okun agreed with the prosecution, stating that the defendant had allegedly “murdered and dismembered a completely innocent victim” and that the nature of the crime “actually kind of shocks the conscience.” 

The judge cited dangerousness as the reasoning for Barnes’ continued confinement.

Parties are expected back Sept. 14.

Prosecution Tries to Tie Suspect to Murder and Disappearance

On June 14, the lead detective testified about his investigation and interviews with the defendant in a 2010 homicide case.

Isaac Moye, 45, is charged with second-degree murder for his alleged involvement in the disappearance and death of Unique Harris, 24.  Harris, who was last seen near the 2400 block of Hartford Street, SE, was declared missing on Oct. 10, 2010. Moye was charged in connection to the case on Dec. 21, 2020.

While her body was never recovered, an investigation conducted by the Metropolitan Police Department (MPD) led to Moye’s becoming the primary suspect in her alleged murder.

Prosecutors introduced a detective who discussed his previous interviews with Moye. The officer mentioned inconsistencies in Moye’s initial interviews about his last interaction with Harris and previous intimate encounters with her.

The detective also described the unsuccessful search for Harris in the woods near her home including the use of cadaver dogs. “[The searches] will continue until she’s found,” the detective stated.

Defense attorneys cross-examined the detective about why he did not test everyone’s DNA who could have been potentially involved in the homicide.

Then, prosecutors introduced experts from Bode Technology, a company that specializes in DNA testing, about their work on the case and how they maintained the “chain of custody” to protect the integrity of the evidence.

Meanwhile, the defense asked the witnesses about their testing of objects in Harris’s home, because not all the studies were conclusive.

The trial is slated to resume before DC Superior Court Judge Anthony Epstein on June 15.

Medical Testimony About Cause of Death Continues in a Homicide Trial

On June 14, medical experts testified about what may have caused the victim’s death in a 2013 homicide case.

Victor Coley, 62, was found guilty in 2015 for his involvement in a shooting that injured four individuals on Nov. 6, 2013 on the 3900 block of Minnesota Avenue, NE. He was convicted on 13 charges, including assault with intent to kill and possession of a firearm.

In 2021, 65-year-old Dennis Foster, one of Coley’s alleged victims, succumbed to his wounds. As a result, Coley was charged with 17 counts, including first-degree murder, in 2022 and is now standing trial again as an extension of the original case. 

DC Superior Court Judge Michael Ryan is overseeing the proceedings.

Defense attorneys called a home health aide to the stand who was taking care of Foster in his last days. She testified she saw no behavioral or medical changes in him during that time period.

The prosecution subsequently called a toxicologist from the DC Office of the Chief Medical Examiner (OCME) to testify regarding chemicals found in Foster’s postmortem. She affirmed that the level of sertraline, a drug commonly known as Zoloft and used to treat depression, obsessive compulsive disorder, and PTSD, in Foster’s blood was not indicative of an acute overdose.

Her testimony directly contradicted that of a former medical examiner who testified on June 12 that Foster’s death was likely due to intoxication from prescription drugs.

The defense then called the lead Metropolitan Police Department (MPD) detective in the case who explained the process of identifying the defendant as a suspect.

The trial will resume on June 15.

Jury Delivers Verdicts in Six Defendant Murder Trial 

On June 13, following a four-month long emotional trial, a 12-person jury delivered verdicts for six murder and conspiracy defendants. 

Gregory Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 23, and Marquell Cobbs, 21, were six of 10 defendants charged with first-degree murder, criminal street gang affiliation, conspiracy, possession of a firearm during a crime of violence, assault with intent to kill, and other charges regarding a fatal drive-by shooting that resulted in 10-year-old Makiyah Wilson’s death and injuries to four individuals. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018. 

Taylor, Thomas, Jeffers, and Murchison were found guilty of all charges for their involvement in the incident, and Michals was found guilty of all charges, except possession of firearms during a crime of violence. 

Cobbs, on the other hand, was found guilty of conspiracy, but acquitted of all other charges. 

“Twenty seconds, fifty gunshots, four gunmen, and one driver,” prosecutors said in their opening and closing statements, is all it took for the Clay Terrace neighborhood in northeast DC to be changed forever. 

According to prosecutors, the defendants belong to what’s known as the Wellington Park Crew, which they argue is a criminal street gang whose purpose is to commit crimes throughout the city. 

Through trial, prosecutors presented evidence that linked the individual defendants to the planning of various attacks, including the murder of Makiyah, which they argue stemmed from retaliation against rival gangs in the District. 

Most of the evidence presented was conversations and posts on social media created by the defendants, where they bragged about their wrongdoings, and planned and celebrated the downfall of rival individuals and gangs. 

In one Instagram video uploaded by Jeffers on the day of Makiyah’s murder, various defendants could be heard saying “we the real reason why the murder rate high.”

The mode of operation for every shooting was the same, according to prosecutors. The suspects would arm themselves, get in a car with a designated driver, show up in a rival neighborhood, get out, fire several gunshots into a courtyard or common area, and speed away from the crime scene. This pattern occurred many times between 2017 and 2018, prosecutors say.

In the hours leading up to the shooting, all six defendants and other individuals charged with the attack were seen gathering in the Wellington Park neighborhood. Their preparations included getting clothing, gloves, and masks that would protect their identities, acquiring an assault rifle, and double checking that no one was around their vehicles when they were ready to commit the crime. 

Attorneys for all defendants pleaded with the jury to find their clients not guilty during their closing arguments, stating that the prosecutors had failed to prove beyond a reasonable doubt that their respective clients had anything to do with the charges brought against them.

Many of them mentioned holes in the prosecutors’ story, stating that they were attempting to get a conviction by trying to force the defendants to fit into a story where they didn’t belong, and forcing the jury to make leaps of logic to figure out their plot. 

“I hope you have the wisdom, strength, and integrity to give a fair verdict,” Jonathan Zucker, Taylor’s defense attorney, told the jury during his closing arguments.

However, for most defendants, their attorneys’ pleadings were not sufficient. The evidence presented to the jury convinced them of the defendants’ involvement in Makiyah’s death. 

It was an emotional day in the courtroom, as jurors delivered the verdicts in front of family, friends, and community members. 

Makiyah’s grandmother told reporters after the verdicts that she has empathy for the defendants’ families, because they too are losing their children. 

However, she said just putting the convicted killers in jail is not enough. She said the death penalty is justified.

“I don’t think they deserve to live,” she proclaimed. 

“I don’t think we should have to pay for them to be housed. [They] have no respect for life – they have no value for life, at all,” she stated. 

Meanwhile, outside the DC Superior Courthouse, various defendants’ family members and friends could be heard saying “free [the defendants].” 

DC Superior Court Judge Robert Okun will be sentencing Murchison and Cobbs on Oct. 6, and Michals, Thomas, Taylor, and Jeffers on Oct. 20.

Defendant’s Mental Illness is Detailed in Competency Hearing

On June 13, cross-examination continued in 57-year-old Joseph Evans’ mental observation hearing, with his competency and diagnosis remaining the focus of discussion. 

Evans, is charged with kidnapping while armed, first degree sexual abuse while armed and assault with a dangerous weapon for an offense allegedly committed on Sept. 24, 2012 on the unit block of K Street, NE. According to court documents, a gun was discharged during the incident. Evans is being held at Saint Elizabeths Hospital. 

Evans’ mental observation hearings date back to 2020. 

As a continuance of a June 9 hearing, an expert witness with a background in clinical and forensic psychology was brought to the stand by prosecutors.  She has worked with Evans as his clinical psychologist since 2022. 

The therapist visited Evans at St. Elizabeth’s Hospital thirteen times, and said he has been variously diagnosed with a number of psychotic illnesses including intense mood swings, hallucinations and a tendency to harm himself and others.

Evans claimed he’s a “billionaire”, and that the government is trying to assassinate him.

Still, the witness alleged that she could not make a definitive diagnosis due to lack of information. She hypothesized that Evans’ behavioral issues may result from his inability to reason clearly or substance abuse.  

During Evans’ time at Saint Elizabeths, the hospital experienced an increase in substance abuse from contraband brought into the institution. Evans was allegedly caught multiple times with tobacco products, and was involved with groups that flaunted the rules.

He is still able to talk to people on the phone, despite many reports of his abusing the privilege, and has been under guardianship for a short amount of time. 

According to reports from Saint Elizabeths, Evans is not compliant in taking his medication.

DC Superior Court Judge Rainey Brandt questioned the why there’s such a difference of opinion about Evans’ diagnosis.

The witness confirmed that there were disagreements between her and her colleagues. The witness also confirmed that Evans’ believes he is ‘fighting for his life’. 

The second expert witness brought forth by prosecutors was from the DC Department of Behavioral Health.  She confirmed she reviewed Evans’ prior records including claims he was a member of the Ku Klux Klan.

Due to scheduling conflicts, testimony from the second expert witness will continue at the next hearing. 

The mental observation hearing is to resume June 14.

Document: Arrest Made in a Homicide: 2900 Block of Southern Avenue, Southeast

The Metropolitan Police Department (MPD) has arrested and charged 46-year-old David Pena with second-degree murder for his alleged involvement in a fatal shooting that occurred on June 12, on the 2900 block of Southern Avenue, SE.

The decedent has been identified as 24-year-old Maurice Robinson. Robinson succumbed to his injuries on June 13.

Judge Sentences 19-Year-Old in Armed Carjacking Case

In a June 13 hearing, DC Superior Court Judge Jason Park sentenced Cornell Smith, 19, to four years in prison in keeping with a plea deal for an attempt to commit robbery while armed. 

According to court documents, on Sept. 18, 2020, Cornell Smith,19, attempted to carjack an off duty police officer’s vehicle on the 4000 block of Minnesota Avenue, NE. In the melee, shots were fired by both Smith and the officer, leaving Smith wounded. 

Prosecutors argued that Smith should serve the full plea deal sentence of 48 months for assault with intent to commit robbery and 18 months for carrying a pistol without a license concurrently. 

Based on his time with the DC ​​Department of Youth Rehabilitation Services (DYRS), prosecutors claimed Smith is a danger to the community and should be held for the full sentence. 

Defense attorney Kevin Mosley countered the prosecution’s arguments, stating that due to Smith’s learning disabilities and past childhood trauma, his time at DYRS was productive but difficult.

Mosley closed emphasizing the progress Smith has made since his time served pre-sentencing.  

After hearing both the prosecution and defense’s arguments, Judge Park sentenced Smith to a concurrent 48 months for both assault with intent to commit robbery and carrying a pistol without a license. 

The 19-year-old said before the court, “I’m sorry… I’m sorry to my mother… I’m sorry to the victim… I’m trying to change my life around.”