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Motion for Dismissal Continues as DNA Evidence is Re-Evaluated

On June 13, DC Superior Court Judge Maribeth Raffinan heard arguments from defense attorneys to dismiss a defendant’s charges.

Daquan Gray, 21, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 15-year-old Jaylyn Wheeler that took place on May 11, 2018 on the 600 block of Alabama Avenue, SE. Wheeler succumbed to his injuries at a local hospital.

On May 12, Dana Page, defense attorney for Gray, filed a motion to dismiss all charges due to alleged mishandling of DNA evidence by the DC Department of Forensic Sciences (DFS). According to court documents, DFS lost its accreditation in 2021 for inaccuracies in DNA evidence analysis.

Evidence was subsequently sent to the Bode Technology Group lab to do other DNA testing. According to Bode, the evidence they received was not properly sealed when it arrived. The DNA evidence allegedly implicated Gray.

The prosecution brought forth two witnesses, a former evidence technologist from Bode Technology group and a forensic DNA private consultant. 

The evidence technologist testified that the evidence tape received from DFS was not properly placed around the seal of the cooler and that the evidence was “not fully cold,” which left room for degradation of the samples to occur.

The forensic DNA private consultant was asked to compare and contrast the results of the reports from DFS and Bode Technology Group, and share her findings with the court. 

She testified that she generally agreed with both reports, and stated that Gray’s DNA was the major contributor to the three DNA samples found on the gun used. She also spoke of the degradation of the sample that likely took place due to the improper handling and packaging of it, stating that degradation was extremely likely to happen unless it was held in a -80℃ environment, which was not the case.

Due to scheduling conflicts, motions will resume June 27. 

Judge Finds Probable Cause in Store Shooting

On June 13, DC Superior Court Judge Lloyd Nolan found probable cause that a non-fatal shooting defendant committed the crime.

22-year-old Jeniyah Campbell is charged with carrying a pistol without a license for allegedly using a firearm in a non-fatal shooting which occurred on June 9 at the 7-Eleven on the 3900 block of Martin Luther King Jr Avenue, SW. No injuries were reported. 

According to the responding officer, Campbell and the victim were in an altercation over money when the defendant allegedly pulled out a firearm. 

According to court documents, a bullet was shot into the ceiling when the victim tried to wrestle the firearm out of Campbell’s grip after she allegedly pointed the gun at him. 

According to the officer, the victim was able to disarm Campbell and leave the store with the gun. 

The firearm has not been recovered. 

According to court documents, 7-Eleven’s security footage matched the statement of one of the eyewitnesses interviewed by officers. Defense Attorney Page Resnick asked Judge Nolan to rule that there wasn’t probable cause to believe Campbell was carrying a pistol without a license during the non-fatal shooting incident, because no firearm was ever recovered. 

Nolan ruled that prosecutors showed substantial evidence that there was probable cause that Campbell was in unlawful possession of a pistol. 

The prosecutor asked to keep Campbell detained because of her being potentially dangerous. 

Resnick asked for Campbell to be released because she had no prior criminal history. She also mentioned that Campbell is three months pregnant and she would have better access to healthcare outside of jail. 

Nolan did not order her immediate release because there is an active warrant out for her in Maryland, but said upon release she needs to report to Pretrial Services Agency (PSA) for GPS monitoring. She also must report to PSA every other week, and she is not allowed to be in possession of any firearms or return to the 3900 block of Martin Luther King Jr Avenue SW.

The next hearing is set to take place on July 11.

Homicide Defendant Pleads Not Guilty 

During a June 13 hearing, homicide defendant Dohn Harmon pleaded not guilty before D.C. Superior Court Judge Michael O’Keefe.  

Harmon, 24, is charged with first-degree murder, a drive-by or random shooting while armed, possession of a firearm during a crime of violence, and assault with intent to kill while armed, for his alleged involvement in the fatal shooting of 18-year-old Kelvin Goggins on the 1800 block of Q Street, SE, on July 1, 2020. 

According to court documents, Harmon has been on release since Nov. 23, 2020, and is in compliance with the conditions of high intensity supervision. His attorney, Steven Kiersh, alerted the court Harmon was pleading not guilty to all charges, and asserted his right to a speedy and fair trial. 

The prosecution filed a motion for a protective order to keep the defendant away from where the shooting occurred out of public safety concerns, and Judge O’Keefe signed several motions enabling the defense to access key evidence in the case.

The next hearing is scheduled for Aug. 11. 

Prosecution Rests in Multiple Shooting-Homicide Trial

On June 12, prosecuting attorneys in a 2013 murder trial rested their case.

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

In 2021, 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 standing trial again as an extension of the original case.

DC Superior Court Judge Michael Ryan is overseeing the complex proceeding involving many witnesses and a large amount of transcripted material.

Defense attorneys Carrie Weletz and Jesse Winograd introduced a former medical examiner who claimed that Foster died from drug intoxication caused by prescription medications, directly contradicting the testimony of a female medical examiner who testified for the prosecution.

In an effort to impeach the witness, prosecutors noted that he had been accused of sexually harassing former female colleagues at the DC Office of the Chief Medical Examiner.

Furthermore, the prosecution questioned the witness about allegations he frequently overruled female medical examiners on the basis that they’re women.

The witness categorically denied all accusations, saying he was just a “tough boss” who “hired most of those women.”

The prosecution then called a former Metropolitan Police Department (MPD) sergeant who arrived on the scene just minutes after the shooting in 2013. She described “show-up procedures” performed at the scene. 

They involve victims or witnesses of a crime identifying the suspect. 

Three show-up procedures were performed at the scene of the crime that day, identifying Coley as the alleged culprit. Two victims and an eyewitness identified Coley as he walked past them on the scene.

The trial will continue with defense arguments on June 13. 

Defense Claims Mental Drug Hangover Prompted Incriminating Statements

On June 13, Steven G. Colin the defense lawyer for Richard J. Johnson, argued that Seroquel, a powerful antipsychotic, impacted his client’s awareness and understanding about the impact of pleading guilty. 

Johnson, 33, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on Dec. 24, 2022 on the 900 block of M Street, NW. 

On March 3, Johnson pleaded guilty to one count of assault with a dangerous weapon and possession of a firearm during a crime of violence after prosecutors extended a plea deal. 

According to the National Institutes of Health, quetiapine which is known under the brand name Seroquel, can have adverse effects including feeling sleepy, dizzy, or groggy. 

Based on witness and victim statements, the Metropolitan Police Department (MPD) identified Johnson as the shooter. 

In light of the defense’s claim, DC Superior Court Judge Heidi Pasichow granted Johnson a month to decide whether to withdraw the guilty plea or continue sentencing. 

The next hearing is scheduled for July 14.

Expert Says GPS Shows Murder Defendant Near Victim’s Residence On Night she Disappeared

On June 12, prosecutors examined a homicide defendant’s GPS movements on the day of the incident using an expert witness specializing in electronic monitoring.

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 brought forth an expert witness who testified about Moye’s wearing a tracking device that had been in place prior to Harris’ disappearance. The expert said the device pinged Harris’ apartment on the night of Oct. 9, 2010, as well as leaving the area surrounding the apartment on the morning of Oct. 10, 2010. 

The device was then recorded at a wooded area near the 2300 block of Good Hope Road, SE. The signal allegedly indicated that the device remained there for several hours into the afternoon of Oct. 10, 2010. 

Defense attorney Jason Tulley cross-examined the witness, asking him to step down from the witness stand to recreate the GPS movements using sticky notes on a poster board. 

However, the witness said he would not be willing to testify to the accuracy of a map saying, “I’m not an expert in placing stickies.”

In follow up testimony, a crime scene search coordinator examined photos and videos of the path in the woods where Moye was allegedly tracked which was not widely used by the public.

Prosecutors also played a call placed by Moye to a close friend after his arrest, where the defendant could be heard saying, “Apparently, there are people telling on me,” in an alleged reference to potential witnesses.


The trial is slated to resume before DC Superior Court Judge Anthony Epstein on June 13.

Eyewitnesses Testify That They Did Not See Homicide Defendant Fighting at Crime Scene

On June 13, defense attorneys continued their arguments in a first degree homicide case, bringing forward both eyewitnesses to the incident and associates of the defendant. 

Victor Coley, 60, is charged with first-degree murder for his alleged involvement in a shooting that occurred on Nov. 6, 2013 on the 3900 block of Minnesota Ave, NE, that left four individuals suffering from gunshot injuries.  

65-year-old Dennis Foster, one of the shooting victims, passed away on Dec. 3, 2021. 

On June 7, a medical examiner testified that the cause of Foster’s death was complications from his gunshot wounds, and ruled the manner of death as a homicide. 

The defense called a close friend of Coley’s to the stand, who attributed the bond between them to that of “brothers.” The two have now known each other for over 15 years. 

When asked by the defense if he would ever lie on the stand, however, he confirmed that he would “not lie for Coley.”

The witness testified about seeing Coley on Nov 6. 2013, shortly before the shooting on the 3900 block of Minnesota Avenue, NE. He had made plans to meet up with Coley later that day. 

Shortly after, a woman came up to the witness and said, “They got your brother on the ground,” referring to the police arresting Coley.  

The witness noted that he did not see Coley in an altercation with or speaking to anyone on that day. 

The defense also included prior testimony from Coley’s 2015 original trial, where a witness stated that he saw a 5’5” – 5’6” man running away from the scene with a dreadlocks hairstyle, a description that did not match Coley at the time of the incident. 

Several members of the community who lived and worked near the site of the incident also testified that, while the neighborhood had some issues, it was overall not a “bad” neighborhood. 

The defense attempted to introduce evidence regarding the defendant’s poor health at the time of the incident, implying he would have been unable to flee the scene as described by the prosecution. 

However, the prosecution objected, and only some information about Coley’s health, such as the witness mentioning that she noticed a breathing problem, were able to be entered into the record. 

The witness stated that the defendant would sometimes come to her home exhausted and out of breath. He would then ask for water or something to drink. 

Prosecutors objected, stating that the defense would need to call an expert witness to discuss evidence regarding Coley’s health.

The prosecution began their rebuttal case by calling forth a retired medical examiner as a witness. 

She testified that the medical examiner who had first examined Foster’s body was correct in determining the manner of death as homicide and the cause as complications from multiple gunshot wounds.

Trial is set to resume before DC Superior Court Judge Michael Ryan on June 14.

Murder Defendant’s Former Cellmate Makes Deal to TestifY for Prosecutors

On June 13, prosecutors introduced a witness who discussed his jailhouse conversations with a defendant on trial for murder.

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 becoming the primary suspect in her alleged murder.

The witness, who was a Moye’s former cellmate, discussed conversations in which the defendant allegedly admitted his involvement in the murder and disappearance of an unnamed person believed to be Harris.

The witness claimed that Moye said he “did it the right way” and mentioned that the victim was “missing.”

Prosecutors disclosed to the court that the witness has a pending deal for his cooperation and only has four months left to serve in his current sentence.

Defense attorney Jason Tulley cross-examined the witness stating , “You are a snitch.” 

The witness countered saying, “No, I cooperate.”

During cross-examination, the witness’s criminal history was presented in an effort to impeach his credibility. The witness responded that in many cases he had been wrongly convicted, and he became frustrated with Tulley. 

“You got me on trial, don’t you?” said the witness. 

The prosecutor followed up asking, “Would you risk your life for four months of early release?” referring to his deal to testify. The witness responded, “No.”

Later prosecutors brought forth an MPD detective who was recently assigned to the case.  The detective described how he eliminated suspects who could not have been placed at Harris’s apartment the night of her disappearance.

The trial is slated to resume before DC Superior Court Judge Anthony Epstein on June 14.

Judge Says There Are ‘Circumstances to Consider’ In Homicide Defendant’s Release

During a June 9 hearing, a homicide defendant pleaded not guilty to all charges. 

Morris Jones, 38, is charged with first-degree murder, conspiracy, assault with intent to kill while armed, and possession of a firearm during a crime of violence for his alleged involvement in the shooting of Tiffany Wiggins, 38, on April 17, 2022 at the 3800 block of Minnesota Avenue, NE. 

The prosecution wants DC Superior Court Judge Robert Okun to reconsider Jones’ release while awaiting trial.

Judge Okun responded by suggesting that if the evidence from the prosecution was stronger at the preliminary hearing, he would have detained Jones. 

Prescott Loveland, Jones’ defense attorney, argued that the prosecution only made a “one-sided presentation of evidence.” 

Judge Okun referred to Jones’ eighteen-count indictment charges as “circumstances to consider” and the basis to schedule a detention hearing. 

Parties are expected back July 11.

Defendant Rejects Plea Offer, Prosecution Considers DNA Testing

On June 12,  Marcellus Stewart rejected a plea offer from the prosecution. 

Stewart, 27, is being charged with assault with a dangerous weapon due to a non-fatal shooting incident on May 17 on the 4600 block of Hillside Road, SE.

According to court documents, Stewart was involved in a shootout with a rival group during which at least twenty shots were exchanged.  Since Stewart rejected the offer a trial date will be scheduled in the case.

DC Superior Court Judge Lynn Leibovitz  asked the prosecution if they plan to do DNA testing since a gun was not recovered at the crime scene. 

According to prosecutors, they will try to test clothing found near the shooting. 

Stewart’s next appearance will be a status hearing on July 11. 

Defendant Changes Decision on DNA Testing in Homicide Case

On June 12, a defendant in a homicide case waived his right to independent DNA testing, reversing his prior decision. 

Khamari Perkins, 22, is charged with first degree murder while armed and possession of a firearm during a crime of violence. Perkins is accused of shooting Naseem Simpson, 18, on March 15, 2020, on the 3000 block of 14th Street, NW. The shooting allegedly occurred while the defendant was on release for a gun possession charge, with a GPS device monitoring his location.  

Perkins’ defense attorney, Kevann Gardner, said the defendant decided to waive independent DNA testing, contradicting his previous decision to DNA test evidence found at the scene. There was no immediate explanation for the change of mind.

That led the prosecution to wonder if Perkins would stick with his decision. If not, that could delay getting the test results. 

Perkins’ lawyer affirmed his client no longer wanted DNA testing. 

As plea negotiations continue in this case, DC Superior Court Judge Maribeth Raffinan asked whether the defense and prosecution would be reading for the Sept. 18 trial date.  

Both defense and prosecution said they would be ready. 

A status hearing on the plea offer is slated for June 26.

Judge Grants Continuance to Allow Independent DNA Testing

On June 7, DC Superior Court Judge Jason Park granted a defense attorney’s request for time to do independent DNA testing. 

Cordell Lesene, 36, is charged with aggravated assault knowingly while armed, three counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, unlawful possession of a firearm because of a prior conviction, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, and unlawful possession of ammunition, for his alleged involvement in a non-fatal shooting on the 100 block of 57th Place SE, on February 6, 2022. 

According to court documents, the dispute arose as a result of a drug deal.

Andrew Ain, Lesene’s attorney, expressed  concern about not having a clear idea of the evidence , as the August trial date approaches. 

Ain requested an extension to transfer shell casings recovered from the scene to an independent  lab for DNA testing but had no clear date of when the testing would be done.  

He also pointed out that transferring physical evidence is more complicated for the defense, than it is for prosecution.  Hence the need for more time. 

The next hearing is scheduled for July 10. 

Document: Homicide: 3000 Block of Martin Luther King Jr. Avenue, Southeast

The Metropolitan Police Department (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a fatal shooting that occurred on June 12, on the 3000 block of Martin Luther King Jr. Avenue, SE.

The decedent has not been identified, as MPD tries to alert their next of kin.