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Defense Attorney Targets Police Investigation in 2010 Homicide Case

On June 7, defense counsel cross-examined a former detective about potentially mishandling the investigation of a 2010 homicide case.

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

While her body was never recovered, an investigation by Metropolitan Police Department (MPD) officers targeted Moye as the primary suspect in her murder.

However, defense attorney Jason Tulley raised concerns the police may have overlooked potential suspects who have had previous troublesome encounters with Harris.

After Tulley presented footage of interviews conducted with other suspects, he questioned a former MPD detective assigned to the case about her involvement in the investigation. 

The detective said she eliminated suspects based on evidence that did not place them at the crime scene. However, the defense questioned her about numerous leads that were allegedly not followed and the department’s inability to locate a suspect in a reasonable amount of time.

Concerns were also raised regarding the collection of evidence at the scene.

Under prosecution questions, the detective indicated she did follow procedure. As evidence prosecutors played played footage of interviews between Moye and the detective in which he allegedly lied about having previous sexual relations with the victim.

Moye had also allegedly failed to mention in his first interview that he was being monitored by an electronic device.

The detective said if she had been made aware of the device, she would have tracked his location on the day of the victim’s disappearance.
The trial is slated to resume before DC Superior Court Judge Anthony Epstein on June 8.

Medical Examiner Deems Victim’s Death Eight Years After Shooting a Homicide

On June 7, a medical examiner testified that a murder victim’s death occurred due to complications from gun injuries, eight years after he was shot. 

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, and left four individuals suffering from gunshot injuries.  

Coley, 60, was originally charged with assault with intent to kill while armed in 2013. He was found guilty on 13 counts in 2015, including assault with intent to kill while armed, aggravated assault knowingly while armed, and possession of a firearm during a crime of violence. .

65-year-old Dennis Foster, who was shot twice in the back during the incident, died on Dec. 3, 2021. The prosecution alleges that Foster’s death is the result of injuries sustained from shots fired by the defendant, leading to the new charges. 

During the trial, the prosecution asked a DC medical examiner to determine the cause and manner of death before the jury. 

The medical examiner stated that Foster’s death was caused by complications from multiple gunshot wounds, and ruled the manner of death as a homicide.

Before his passing, Foster suffered from a number of chronic conditions including paralysis of the lower half of his body, chronic ulcers, and an amputated left leg that resulted from non-healing infections. 

The defense then cross-examined the witness, asking questions about Foster’s underlying health conditions and drug use before the time of death. 

“Your conclusion is just that his body gave out, right?” said defense attorney Jesse Winograd, to which the witness replied, “Yes.”

A toxicology report from Foster’s autopsy indicated that he had elevated levels of sertraline, a drug most often used to regulate mood, in his system at the time of death. 

However, the medical examiner said that wasn’t an issue.

Transcribed testimony from a witness from Coley’s 2015 conviction in the case prior to the murder charges, identified Coley as the shooter at the scene.
Trial is set to resume before DC Superior Court Judge Michael Ryan on June 8.

Defendant Pleads Not Guilty in Non-Fatal Shooting Case

On June 7, DC Superior Court Judge Andrea Hertzfeld accepted a not guilty plea from a defendant in a 2022 non-fatal shooting case.

Vincent Williams, 32, is charged with assault with a dangerous weapon, assault with a dangerous weapon against a minor, unlawful possession of a firearm, and threat to kidnap or injure a person for his alleged role in a non-fatal shooting on Nov. 17, 2022. 

The shooting occurred on the 4000 block of 8th Street SE. There are two victims.

When asked by Judge Hertzfeld, Williams’ defense attorney stated Williams pleads not guilty to the charges and asserted his right to a speedy trial. 

Parties are expected to return for a status hearing on June 15.

Contrasting Closing Arguments Presented in Non-Fatal Shooting Trial

On June 6, attorneys delivered closing arguments and jury deliberations began in a trial for a 2018 non-fatal shooting case.

Joshua Hemphill, 33, is charged with 58 separate offenses involving a non-fatal shooting that took place on September 21, 2018, on the 2400 block of Wagner Place SE. The charges include assault with intent to kill, possession of a firearm, obstruction of justice, burglary, destruction of property, and threat to kidnap or injure.

In closing statements, the prosecution implored the jury to find the defendant guilty stating, “That man, the defendant, needs to be held accountable for what he did.”  Prosecutors had earlier presented text message evidence to bolster their case.

Prosecutors went on to say that the two victims in this incident deserve justice.

The defense counsel, meanwhile, also referred back to the evidence presented in their closing statement. 

“Evidence shows he wasn’t there, he didn’t pull the trigger, he’s innocent,” said Hemphill’s attorney, alluding to the fact, that there is no physical evidence to connect him to the incident.

After closing arguments, DC Superior Court Judge Lynn Leibovitz gave the jury instructions and sent them into deliberations.

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Judge Finds Probable Cause in Drunk Driver Accident Killing Three People 

On June 6, DC Superior Court Judge Robert Okun found probable cause in what police describe as a drunk driver accident resulting in the deaths of three people.

Nakita Walker, 43, is charged with three counts of second-degree murder for allegedly crashing into a car carrying Mohamed Kamara, 42, Jonathan Alberto Cabrera Mendez, 23, and Olvin Josue Torres Velasquez, 22, on March 15, 2023 on Rock Creek Parkway near the intersection of 26th Street and P Streets, NW,

Prosecutors presented body-worn camera footage of a traffic stop prior to the accident where Walker and a passenger were allegedly pulled over by the Metropolitan Police Department (MPD) for speeding under the Kennedy Center for the Performing Arts.  Police allegedly found alcohol and marijuana in the vehicle but Walker pulled away accelerating to an estimated 100 miles-per-hour speed.

According to court documents, one mile down the Rock Creek Parkway expressway, Walker crossed double-yellow lines going southbound into the northbound lanes, and crashed into the vehicle carrying the three victims. 

The DC Medical Examiner’s report indicates Walker’s blood alcohol content was 0.1– beyond the legal limit– with cannabis also present in her body.

According to U.S. Park Police testimony Walker’s passenger fled the scene. He was found near 26th and P Streets, NW, where he claims he was trying to find help. 

When Walker arrived at the hospital, she reportedly was not able to fully remember what happened when speaking to detectives.  However, she said that the passenger was “dirty”claiming he had guns and other drugs in the vehicle and that is the reason she fled from the traffic stop. 

An anonymous caller claimed there were guns in Walker’s vehicle. 

At the time of the accident Walker was on unsupervised probation for two previous driving under the influence (DUI) convictions and had three other DUI’s on her record. 

Prosecutors argued that Walker’s decision to drive intoxicated while on probation shows a conscious disregard for human life. They also noted the officer who originally stopped Walker said he could have injured by her reckless driving.

Defense attorney, Dana Page, argued although Walker had a high blood alcohol content, it was not high enough for Walker to be driving in the manner alleged by prosecutors.. 

DC Superior Court Judge Robert Okun found probable cause in this case, stating, there is no reason someone should be driving that fast, specifically on winding roads like Rock Creek Parkway and at night. 

He also found Walker’s ignoring the the officer’s warning a conscious disregard of human life. 

Defense attorney Page argued for Walker’s release so she could attend her son’s elementary graduation.  She said Walker is a single parent and has strong community ties. 

Judge Okun denied release on grounds of the nature of the offense, strong evidence, and the history of the defendant. 

Parties are expected back Aug. 21. 

Charge Updated to First-Degree Murder in 2021 Homicide

On June 7, DC Superior Court Judge Michael O’Keefe ordered that a homicide defendant be taken into custody due to an updated indictment and continuous violations of release conditions. 

Bernard Matthews, 43, originally accused of second-degree murder, is now charged with first-degree murder while armed and unlawful possession of a firearm for his alleged involvement in the shooting of 22-year-old Diamonte Green on the 300 block of 33rd Street, SW, on February 16, 2021. 

According to court documents, Green suffered eight gunshot wounds and was pronounced dead on the scene after allegedly threatening a relative of Matthews. 

A DC Pretrial Services Agency representative appeared on camera to recount Matthews’ alleged frequent violations of his release conditions. 

Agency records show the defendant failed to abide by his release conditions almost daily, with the most recent infraction being June 5.  That includes “masking” his electronic GPS monitor in order to prevent it from tracking his location. 

The prosecution asked for Matthews’ removal from supervised release, given his charges had been upgraded to first-degree murder and he had already received a warning regarding noncompliance in his previous hearing. 

Defense attorney Andrew Ain protested the change, arguing that Matthews had “complied for a period of time” and was violating the conditions in order to work and help members of the community. 

Ain further stated that “The court’s requirements of [Matthews] are not the only requirements in his life.” 

Judge O’Keefe rejected the argument and ordered Matthews be taken into custody. 

The next hearing is scheduled for September 15, 2023.

Defendant in Child Murder Case Pleads Not Guilty 

On June 6, a murder defendant pleaded not guilty in the shooting of a small child.

JD Wheeler, 23 was indicted on second-degree murder, first-degree cruelty to children, second-degree cruelty to children, carrying a pistol without license, possession of an unregistered firearm, unlawful possession of ammunition, tampering with physical evidence and contempt of court in connection to the shooting of 23-month-old Legend King Wheeler on the 2300 block of Chester Street, SE on Nov. 24, 2021. 

According to court documents Metropolitan Police Department (MPD) officers found the child unconscious suffering from what a 911 caller described as an accidental, self-inflicted gunshot wound. Investigators said the fatal bullet allegedly came from Wheeler’s firearm. The victim was pronounced dead at the scene.

DC Superior Court Judge Robert Okun set the next hearing date for Oct. 13. 

Document: Homicide: 4700 Block of South Capitol Street, Southeast

The Metropolitan Police Department (MPD) Homicide Branch are seeking the public’s assistance in the investigation of a fatal shooting that occurred on June 6 on the 4700 block of South Capitol Street, SE.

The decedent has been identified as 29-year-old Joshua White.

Parties give opening statements in Disappearance, Homicide Case

On June 6, attorneys presented their opening statements and began introducing evidence in a homicide case going back to 2010.

Issac 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. While her body was never recovered, an investigation conducted by the Metropolitan Police Department (MPD) made Moye the primary suspect.

The prosecutors opened saying there is a, “Missing girl in DC, only she’s not missing; she’s gone.”  And even if the defense suggests “no body, no crime,” the victim has been legally declared dead.

Meanwhile, defense attorney, Jason Tulley, opened saying the investigation failed to show credible proof, in particular overlooking suspects who were not properly investigated. Further, the “government is gambling with Moye’s life.”

“Investigation of this case was doomed from the very start,” said Tulley.

Prosecutors asked the victim’s sister about Harris’s life and involvement with her children. The witness also discussed her efforts to locate her sister. She then identified the contents of her sister’s purse that were left at the scene. Harris’s disappearance was described as an unusual circumstance and that she would not have left her children behind.

During cross examination, Tulley asked the victim’s sister why there were no signs of struggle when she arrived.  The witness made it clear that the scene was not comparable to the way her sister lived.

The prosecution then called a former Metropolitan Police Department (MPD) detective assigned to the case who testified about the procedures that officers follow when investigating missing persons. 

During her investigation she said she met with potential suspects and began to eliminate them based on evidence found at the scene. The former detective discussed her interview with Moye conducted in 2011 and the prosecution presented video of the session.  Moye indicated he was interested in finding Harris.

The former officer also discussed the early stages of the investigation and a couch cushion with a tear recovered from the scene that became part of the evidence. 


The trial is slated to resume before DC Superior Court Judge Anthony Epstein on June 7

Document: Homicide: 3900 Block of 4th Street, Southeast

The Metropolitan Police Department’s (MPD) Arson Task Force is investigating a homicide that occurred on May 29 on the 3900 block of 4th Street, SE.

According to MPD documents, officers responded to the listed location for the report of an assault with a person on fire, where they located an adult male and female victim suffering from thermal injuries which were sustained inside of a vehicle. The adult male was transported to a local hospital for the treatment of life-threatening injuries, and the adult female victim was transported for the treatment of non-life-threatening injuries. Two juveniles were present at the incident, but sustained no injuries.

The MPD’s investigation revealed the suspect approached the occupied car, doused it with flammable liquid and set it on fire. The suspect was apprehended by MPD at the scene.

On June 1, the adult male victim succumbed to his injuries. The Office of the Medical Examiner determined the cause of death complications from thermal injuries and the manner a homicide.

The victim was identified as 64-year-old Derek Hamilton.

On May 29, a 49-year-old woman was arrested and charged with assault with intent to kill. MPD is working with the United States Attorney’s Office to upgrade the charges.

Document: Arrest Made in an Assault with Intent to Kill (Gun) Offense: 800 Block of 7th Street, Northwest

The Metropolitan Police Department (MPD) has arrested and charged 26-year-old Tyshay Moore with assault with intent to kill, possession of an unregistered firearm, and possession of a large capacity ammunition feeding device for her alleged involvement in a non-fatal shooting that occurred on May 10, on the 800 block of 7th Street, NW.

The incident left an individual suffering from non-life threatening injuries.

Document: Traffic Fatality: I-395 South near Maine Avenue, Southwest

The Metropolitan Police Department’s (MPD) Major Crash Unit is seeking the public’s assistance in the investigation of a traffic fatality that occurred on June 4, on the I-395 South near Maine Avenue, SW.

According to MPD documents, a vehicle crashed over a wall in an overpass and landed on a vehicle traveling southbound on I-395.

The decedent was identified as 28-year-old Van Thomas Lee of Pittsburgh, PA.

Prosecutors Attempt to Link Messages to Shooting Suspect

On June 5, prosecutors continued their case in Joshua Hemphill’s trial in connection with a non-fatal shooting.

Hemphill, 33, is charged with 58 separate offenses involving a non-fatal shooting that took place on September 21, 2018, on the 2400 block of Wagner Place SE. The charges include assault with intent to kill, possession of a firearm, obstruction of justice, burglary, destruction of property, and threat to kidnap or injure. 

Of the two victims, one was uninjured while the other received gunshot wounds to the back of the left hand and the back of the head but survived.

The prosecution witnesses included a forensic scientist, an FBI agent, a Metropolitan Police Department (MPD) detective, a firearms expert, and representatives from T-Mobile and Meta Inc. Those two companies allegedly had communications’ records between the defendant and one of the victims.

To build its argument, the prosecution introduced data, including text messages between an unknown number and one from one of the victim’s phones. 

The prosecution claimed that Hemphill used a third-party messaging app to change his phone number and contact one of the victims. These messages were allegedly harassing and contained threats. 

Defense counsel objected to these messages being admitted since they say there’s no evidence that Hemphill changed his phone number which meant it could not be authenticated.

After reviewing the data, it was determined that the victim identified the defendant by name in the text messages which led DC Superior Court Judge Lynn Leibovitz to admit the messages into evidence with certain portions redacted.

The trial is set to continue on June 6.

Court Grants No Contact Order After After Investigators Contact Children

On June 6, 2023, DC Superior Court Judge Marisa J Demeo agreed to appoint conflict-free legal counsel and issued a no contact order in a 2023 homicide case. 

Charles W Terry, 58, is charged with second-degree murder for his alleged involvement in the deadly beating of 39-year-old Lennette Clark. The incident occurred on Jan. 30, on the 1500 Block of Anacostia Avenue, NE. 

During the hearing, the prosecution raised concerns about the actions of the defense’s investigation team. One of their investigators allegedly visited the home of a witness on April 26, 2023, with the intention of interviewing two child witnesses. 

An adult witness asked if this was necessary. After being informed that they were not obligated to cooperate, the witness instructed the investigator to leave and refrain from contacting the underaged witnesses.

However, two weeks later, the same investigator from the defense team’s investigation unit allegedly went to the children’s schools; The investigator proceeded to remove the children from their classes in order to conduct interviews. 

The prosecution says this is an ethical issue since the witnesses are children, raising questions about the voluntary nature of any statements they might provide. 

The prosecution argued that the investigator failed to provide proper identification to school officials and did not disclose her affiliation with any organization. 

Furthermore, the interviews allegedly took place in a private room with only the children and the investigator present, which the prosecution deemed unethical given the witnesses are only 13-years-old and 8-years-old.

The lack of a parent or guardian during the interviews was also emphasized, and the prosecution pointed out that the investigator intentionally chose to visit schools when their guardian would not be present to deny permission for the interviews.

The defense countered the prosecution’s claims by asserting that the investigator did indeed provide valid identification and clearly disclosed their affiliation to both school officials and the witnesses themselves. 

The investigator explicitly stated that they were acting on behalf of defense attorney Jospeh Yarbough, who is representing Terry. 

The defense further contended that the interviews conducted with the witnesses were justified as they had the right to investigate on behalf of the defendant. 

Considering that both children were allegedly present at the scene, they could have crucial information and are essential witnesses. The 13-year-old was the only individual who provided a written statement during the interview with the investigator.

After hearing from both parties, Judge Demeo said, “Juvenile status is a factor that needs to be considered” and discussed the ethical considerations. 

Both parties agreed that the investigator spoke with them alone with no adult present. However, there is a disagreement as to how the interviews played out. 

Judge Demeo said that if their guardian or the government grants permission, the defense may proceed with conducting interviews with the underaged witnesses. 

The judge highlighted that this ethical concern could potentially harm the defense team during the trial, consequently impacting the defendant’s rights. 

In light of this, Judge Demeo acknowledged the defendant’s entitlement to seek alternative counsel.

The motions hearing will reconvene on July 6, following the defendant’s consultation with a different attorney.