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Defendant Found Mentally Competent to Stand Trial in Domestic Violence Case

At an Oct. 3 mental observation hearing, DC Superior Court Judge Lynn Leibovitz stated doctors found  a shooting defendant competent to stand trial.

Kevin Settles, 36, is charged with one count of armed carjacking, assault on a police officer while armed, assault with a dangerous weapon, unlawful possession of ammunition, attempted unarmed carjacking, possession of an unregistered firearm, unlawful discharge of a firearm, carry pistol outside home or business, unlawful possession of a firearm, and four counts of possession of a firearm during a crime of violence for his alleged involvement in a domestic violence shooting that occurred on the 100 block of Ridge Road, SE, on Feb. 23, 2021.

There were no injuries reported. 

According to Metropolitan Police Department (MPD) documents, the incident began as Settles and his significant other were driving down the 100 block of Ridge Road when he became agitated and pointed a handgun at her head. 

Settles allegedly ordered his girlfriend to get out of the car, which she did while removing the ignition key. Then she hid behind a parked car and Settles allegedly ran down the street shooting the gun multiple times in the air.  

Brian McDaniels, Settles’ defense attorney, argued he isn’t getting a proper mental evaluation at the DC jail, and requested that the court allow an independent competency exam. 

Judge Leibovitz said the defense needs to get their examination done within 30 days. 

Parties are expected back for a follow-up mental observation hearing on Nov. 7.  

Witness Testimony Continues in Shooting Trial 

On Oct. 2, the prosecution continued their direct examination of witnesses in a jury trial for non-fatal shooting defendant Raekwon Sutton.

Sutton, 26, is charged with  two counts of assault with a dangerous weapon offenses committed during release, three counts of possession of a firearm during a crime of violence committed during release, burglary committed during release, two counts of unlawful possession of a firearm committed during release, and three counts of threat to kidnap or injure a person offenses committed during release.

The charges are for his alleged involvement in a shooting that occurred on the 4800 block of Benning Road, SE, on March 19, 2022. No injuries were reported.

Prosecutors called two sisters that saw the shooting. Sutton supposedly was looking for a third sister, who was not present at the scene.  However, the witnesses were unable to provide much information about what happened.

Other prosecution witnesses included a representative of T-Mobile who explained records linked to Sutton’s account indicate he may have been using a call blocker to hide a phone number.

An investigator from the DC Department of Forensic Sciences (DFS) also testified that a gun recovered at the scene showed evidence of being fired several times. DFS found six fragments, one projectile, and ten casings.

The jury trial will resume Oct. 3. 

Case Acquitted: Hostile Prosecution Witness Testifies During A 2017 Murder Trial

This case has been acquitted.

On Oct. 2, a hostile witness for the prosecution was called to testify in a 2017 homicide trial before DC Superior Court Judge Robert Okun.

Cedric Alexander, also known as Tony White, 52, is charged with first-degree murder while armed, robbery while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior crime of violence, and carrying a pistol without a license outside the home or place of business with a prior felony, for his alleged involvement in the fatal shooting of 38-year-old Daquan Hooks on the 1900 block of 13th Street, SE on March 23, 2017. 

The prosecution questioned a reluctant member of Hooks’ family who responded angrily saying, “Be careful man” and “You need to stop f***ing with me man”. In response, Judge Okun and the prosecutor explained courtroom decorum, and that the witness needed to moderate his behavior.

The witness then said he was supposed to meet Hooks outside of a methadone clinic where the witness was being treated for addiction on the morning of the murder.

Hooks was late to pick him up, and eventually the witness noticed a group of people running from the clinic to surround a body lying on the ground. The family member knew it was Hooks and he called 911.

In the 911 call, which was played during the trial, the witness can be heard begging the operator to make sure the ambulance was quick. 

As the questioning proceeded, the witness remained confrontational.

Finally, the prosecution asked, “Did you kill Daquan Hooks?” to which he replied “No”. Then, when asked if he recognized Alexander as the suspect, the witness replied he had never seen him before.

During cross examination, Sellano Simmons, Alexander’s defense attorney asked the witness from whom he got the suspect’s name, and the witness said it was the prosecutor.

“He tried to taunt me,” the witness said. “I know he probably bribed everybody that got up here on the stand,” the witness replied in response to these inquiries. 

The witness said he was struggling to answer many of the questions due to a head injury that resulted in some memory loss.

During the prosecution’s redirect, the witness admitted he had seen a photo of Alexander in a newspaper before the prosecution mentioned him, but he did not recognize him. The witness maintained his position that the prosecution informed him that the suspect for Hook’s is Alexander.

The trial is set to resume Oct. 3.

Judge Holds Homicide Defendant During Presentments

At a presentment hearing on Oct 2, DC Superior Court Judge Judith Pipe detained a homicide defendant based on the evidence

Desmond Thurston, 46, is charged with second-degree murder while armed for his alleged involvement in shooting 52-year-old Patricia Johnson in a townhouse on the 400 block of 13th Street, SE on Oct. 1. 

According to court documents, two nine millimeter shell casings were recovered from the second floor hallway of the building along with one cartridge casing and a firearm. 

Steven Kiersh, Thurston’s defense attorney, argued Thurston acted in self-defense. 

Judge Pipe found probable cause that Thurston was the perpetrator and said the weight of the evidence was “strong,” so Thurston will be held in custody.

Thurston is scheduled to appear in front of DC Superior Court Judge Rainey Brandt for a preliminary hearing on Oct. 16. 

Document: Man Dies from Injuries in May Shooting

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that stemmed from a shooting on May 17 on the intersection of 1st Street and Q Street, NW.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a man suffering from gunshot wounds. He was transported to a hospital for treatment of critical injuries. Shortly after, another man was located in a hospital seeking treatment for non-life-threatening injuries.

On Oct. 1, the man with critical injuries succumbed to his injuries while receiving treatment. He was identified as 28-year-old Malik Lyons.

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

Document: Man Dead After Shooting at McPherson Square

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Oct. 1 on the 900 block of 15th Street, NW.

According to MPD documents, officers responded to McPherson square for the sounds of gunshots. While searching the scene, they located a man with gunshot wounds. He died at the scene.

His 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 the homicide.

Non-Fatal Shooting Defendant is Sentenced After Accepting a Plea

During an Oct. 2 hearing, DC Superior Court Judge Robert Okun sentenced a non-fatal shooting defendant to 36 months incarceration, with credit for time served.

Lorenzo Graham, 32, was charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside home or business, possession of an unregistered firearm, unlawful possession of ammunition, and second-degree cruelty to children at a grave risk, for his involvement in a non-fatal shooting on the 3200 Block of Bannecker Drive, NE, on Jan. 1, 2021. 

On July 13, Graham accepted an offer from prosecution to plead guilty to unlawful possession of a firearm with a previous conviction, in exchange for dismissal of the other charges. 

During sentencing, the prosecution recommended 36 months with three years of supervised release–the mandatory minimum.

Defense counsel argued that Graham has been held for 33 months stating he is three months away from serving the complete sentence.  Defense counsel further requested that Graham remain at St. Elizabeths, where he is currently being detained and receiving mental health treatment.

Judge Okun sentenced Graham to a 36 month sentence with credit for time served, meaning Graham only has to serve three more months before being released. 

Judge Okun also granted the defense’s request that Graham continue to be detained at St. Elizabeth’s to guarantee he’s getting the treatment he needs. Graham is also required to register as a gun offender and pay a fine to the court.

Defendant Pleads Not Guilty in a Mass Shooting

During an Oct. 2 felony arraignment, a non-fatal shooting defendant pleaded not guilty to multiple charges resulting from a mass shooting.

Jaylaun Brown, 21, is charged with seven counts of assault with intent to kill while armed, possession of firearm during crime of violence, and aggravated assault knowingly while armed, among other charges for his involvement in a non-fatal shooting Jan. 21 on the 1400 block of 9th Street, NW. The incident left seven individuals suffering from gunshot injuries. 

According to Metropolitan Police Department (MPD) documents, officers responded to a shooting at the location, where they discovered one victim suffering from two non-life-threatening gunshot wounds outside a liquor store. The Metropolitan Police Department (MPD) says the victim and Brown had been shooting at one another. 

Terrence Austin, Brown’s defense attorney, alerted the court he was pleading not guilty to all charges, and asserted all constitutional rights, including the right to a speedy trial. 

Parties are expected to reconvene for a status hearing on Oct. 10.

Opening Statements Presented and First Witnesses Testify in Hit-and-Run Case

On Oct. 2, parties delivered opening statements and witnesses were called before DC Superior Court Judge Maribeth Raffinan in a hit-and-run homicide case.

Eric Beasley, 32, is charged with first-degree murder for his alleged involvement in a hit-and-run that resulted in the death of 45-year-old David Farewell while he was riding his bicycle. The incident occurred on Sept. 4, 2020 on the 2100 block of Young Street, SE. 

In opening statements, the prosecution played an audio clip of a car hitting the bicycle Farewell was riding, and stated, “That is the sound of first-degree murder.” 

The presentation included an eyewitness’ identification of Beasley as the driver of the car that hit Farewell, a gas station surveillance video of Beasley’s appearing to follow Farewell as he walked his bike alongside his girlfriend and a 911 call.

The prosecution’s main focus was surveillance video of an interaction between an individual, who prosecutors identified as Beasley, and Farewell moments before the incident. 

In the video, Farewell can be seen and heard shouting, “Knock it off. That’s not right,”  in response to Beasley allegedly making crude remarks towards Farewell’s girlfriend. Moments later, the video shows Farewell biking through a crosswalk as a car speeds up and runs him over. 

The prosecution told the jury Beasley failed to stay at the scene, and allegedly stated, “No I’m not,” before speeding away from the incident in response to a witness informing him he was going to be in trouble. 

In their opening, the defense stated “Beasley never wanted this accident to happen,” and that he never intended Farewell to die as a result of the dispute.

After opening statements the prosecution called Farewell’s daughter who said after initially hearing the news, “I couldn’t do anything, I just broke down.”

Beasley’s defense attorneys did not cross examine her. 

Prosecutors also called a Metropolitan Police Department (MPD) officer that was one of the first to arrive on scene. 

According to the officer, he was sitting in his patrol car with another officer when a woman approached, telling them someone had been struck by a car.

Seven minutes of the officer’s officer’s body-worn camera footage was shown to the jury including scenes of Farewell lying on the ground unconscious but breathing at the time. 

During cross-examination, defense attorneys emphasized the importance of preserving a scene, while repeatedly asking the officer if he remembered when the accident area was taped off. The witness could not recall, and said many people were already at the scene by the time he arrived. 

The trial is set to resume Oct. 3. 

Document: Man Arrested After Shooting Leaves Woman Dead in Southeast DC

The Metropolitan Police Department (MPD) arrested and charged 46-year-old Desmond Thurston with first-degree murder while armed for his alleged involvement in a homicide that occurred on Oct. 1 on the 4000 block of 13th Street, SE. The shooting is believed to be domestic in nature.

According to MPD documents, officers responded to the location for the report of a shooting, where they located a woman, inside her residence, suffering from gunshot wounds. She succumbed to her injuries at the scene.

The victim was identified as 52-year-old Patricia Johnson.

During Sentencing, Homicide Defendant Says She is ‘Immensely Sorry’

On Sept. 29, DC Superior Court Judge Marisa Demeo sentenced Nijinsky Dix to 18 years incarceration in connection to a homicide.

Dix, 40, was originally charged with first-degree murder while armed and possession of a firearm during a crime of violence for her involvement in the fatal shooting of 44-year-old Terry Hickman on November 14, 2020, on the 1000 block 4th Street SW. Hickman sustained multiple gunshot wounds, and the pair was alleged to have been in an intimate relationship.

On February 13, Dix accepted an agreement extended by prosecutors that required her to plead guilty to second-degree murder in exchange dismissing all other charges.

During sentencing, several of Hickman’s family described him as a “bright light”, “great friend”, and “unique person”. 

Hickman’s ex-wife stated “Our world was turned upside down…. you couldn’t accept the fact that someone rejected you”, she directed towards the defendant. 

Hickman’s youngest daughter expressed her grief, regarding the brief time she spent with her father, “I only got to see my dad once in my entire life,” when she was 16. “I thought it was going to be a new chapter of my life,” she cried, saying she had looked forward to getting to know him.

Prosecutors requested Judge Demeo follow the sentencing guideline that parties had agreed on when she pleaded guilty. Defense attorneys agreed with the request. 

Judge Demeo imposed an 18 year sentence and recommended mental health treatment, stating that Dix “does show potential for rehabilitation.”

Family members expressed their disappointment, saying Dix should be imprisoned for life.

“Each word feels powerless and insignificant…I am immensely sorry”, said Dix as she addressed the court.

Judge Demeo also required Dix to register as a gun offender and pay a $100 fine. 

Dix will be transferred to the Federal Bureau of Prison.

Defendant Arraigned in Fatal Pedestrian Collision 

On Sept. 29, DC Superior Court Judge Maribeth Raffinan arraigned a homicide defendant involved in a traffic fatality. 

Spiro Stafilatos, 36, was charged with second-degree murder, assault with a dangerous weapon, and fleeing from a law enforcement officer for an incident that occurred on Dec. 30, 2022 on the 1400 block of New York Avenue, NW. The incident resulted in the death of 31-year-old Shuyu Sui

According to court documents, Stafilatos sped away from a traffic stop, ran a red light and collided with a car, sending his vehicle spinning through a crossing intersection that then struck Sui while seriously injuring another victim.

Stafilatos entered a plea of not guilty and waived further reading of his indictment. 

A trial date was set for March 10, 2025.

Parties will reconvene on Oct. 12 to address Stafilatos’ motion for modification of his bond.

Defendant Arraigned on Three Counts in Juvenile Homicide Case 

On Sept. 29, DC Superior Court Judge Maribeth Raffinan arraigned a homicide defendant on three counts.

Bernard Eddy, 23, was accused of first-degree murder, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business for his alleged involvement in a shooting on Sept. 10, 2019 on the 3000 block of 24th Place, SE, resulting in the death of 16-year-old Steffen Brathwaite

Eddy entered a plea of not guilty and requested the prosecution turn over all DNA test results. 

Defense noted prosecution had informally extended an offer that would require Eddy that enter a guilty plea to second-degree murder and other charges from a previous assault case.

Defense indicated that prosecution withdrew the offer, with no further reasoning provided. 

The trial is expected to start April 7, 2025. 

Parties will reconvene Jan 10.  

Homicide Defendant Arraigned on Seven Charges

On Sept. 29, two co-defendants were arraigned on seven counts before DC Superior Court Judge Marisa Demeo in connection to a homicide. 

Antoine Tucker, 30, is charged with first-degree murder while armed, three counts of possession of a firearm during a crime of violence, robbery while armed, attempted robbery while armed, and unlawful possession of a firearm by a prior convict for his alleged involvement in the fatal shooting of 36-year-old Vernon Harrison on June 22, 2022, on the 2800 block of Alabama Avenue, SE.

Tucker’s co-defendant, 30-year-old Nakia Pearson, is charged with accessory after the fact while armed, carrying a pistol without a license outside of a home or business, and tampering with physical evidence, for allegedly assisting Tucker in after the incident to remain undetected by the Metropolitan Police Department (MPD) in connection to the murder. 

Pierce Suen, Tucker’s defense attorney, alerted the court he was pleading not guilty to all charges, and asserted his constitutional rights, including the right to a speedy trial. 

Parties are expected back Nov. 2 in front of Judge Anthony Epstein. 

Judge Limits Sentencing Under Youth Act in Fatal Shooting

On Sept. 29, DC Superior Court Judge Maribeth Raffinan sentenced Khamari Perkins to 156 months of incarceration followed by five years of supervised release.

Perkins, 22, was originally charged with first-degree murder while armed and possession of a firearm during a crime of violence for his involvement in the fatal shooting of 18-year-old Naseem Simpson on the 3000 block of 14th Street, NW, on March 15, 2020. The incident allegedly occurred while Perkins was on release for an unrelated case and had a court-issued GPS device monitoring his location.

Perkins also faced charges of assault with intent to kill while armed, conspiracy, and unlawful possession of contraband in a penal institution for an incident that occurred at the D.C. Jail on the 1900 block of D Street, SE on Jan. 6.

During a June 26 hearing, Perkins accepted an agreement to plead guilty to second-degree murder and assault with a dangerous weapon for both cases. All other charges were dismissed.

The prosecution asked for a maximum sentence of 16 years under the plea. They played videos of both incidents before the court, arguing that Perkins’ behavior warrants a sentence “at the upper end of the sentencing range” and that he does not deserve additional leniency.

Beyond suggesting Perkins showed “minimal remorse” for his actions in the Simpson shooting, the prosecution also cited the incident at the D.C. Jail as evidence that he “has not changed” and is not “trying to do better.”

Eight members of the Simpson’s family appeared before the court to deliver victim impact statements. Simpson’s mother spoke first, calling the defendant a “monster” who planned the shooting, but “even sometimes feel[s] sorry for” Perkins.

Simpson’s father made a short statement about Perkins’ betrayal of his son, a former friend. His brother, Simpson’s uncle, added that he and his entire family are traumatized by the defendant’s actions.

Simpson was the youngest of six siblings, and three of his older sisters also addressed the court. One discussed the struggle she faces “to make sense of the injustice of it all,” especially Perkins’ “never-ending cycle” of violence. She said that the plea deal feels like a “slap in the face” for her family, arguing that the defendant is not a first-time offender who made a mistake.

Another of Simpson’s sisters commented about death’s permanence and the temporary nature of punishment. Simpson’s sisters were united with one message: They want to see the defendant “behind bars for as long as possible.”

Simpson’s grandmother echoed this sentiment, calling the defendant’s actions “unbelievable,” “cowardly,” and “selfish.”

Simpson’s aunt—a civil rights advocate—told Perkins, “I fight for you on a daily basis,” but expressed frustration she didn’t see the reform she’s fighting to achieve given what happened. She called upon Judge Raffinan to “stop this gun violence” and make “an example” out of this case. 

Perkins himself also addressed the court, saying he has lost friends to violence. He “thinks about [his actions] every day,” and offered to teach young men in the community how to stop violence.

Perkins’ attorney, Kevann Gardner, argued that the incident was not premeditated since the defendant struck the victim before the gun went off. As for the assault at the DC Jail, Gardner said Perkins was simply responding to a fight involving a family member and a family friend.

He urged Judge Raffinan to consider a 15-year sentence and asked for the Youth Rehabilitation Act (YRA) to be applied.

Before imposing sentence, Judge Raffinan expressed how sorry she was for the family’s loss. She said her decision takes into account Perkins’ criminal history as well as the fact that the gun was fired not once but twice.

Judge Raffinan sentenced Perkins to 156 months incarceration followed by five years of supervised release for the first charge, second-degree murder while armed. For the second charge, assault with a deadly weapon, she sentenced him to 36 months followed by three years of supervised release.

These sentences will run consecutively, and the defendant must pay $200 to the Victims of Violent Crime compensation fund.

In addition, Perkins will be required to remain registered as a gun offender until two years after his supervised release is complete.

The defendant was sentenced under YRA, which would effectively seal his case after he completes his requirements. However, after the sentence was imposed, the defense and prosecution discussed whether the YRA should apply in this case. After review, Judge Raffinan adjusted the sentence applying the YRA to only the second charge, assault with a deadly weapon.

In closing, Judge Raffinan told the defendant that the world “can and must be better on the other side” of his incarceration.