Murder Defendant Waives Right to Test DNA Evidence

In a June 28 hearing, murder defendant Marvin Lopez waived his right to have DNA evidence in his case independently tested.

Lopez, 43, is charged with first-degree murder and possession of a firearm during a crime of violence for his alleged involvement in the death of Evelyn Arroyo. Arroyo, 27, was shot and killed on Dec. 24, 2014 on the 3900 block of 14th Street, NW.

According to court documents, shortly after the incident, Lopez fled the country, leaving his passport and belongings behind. He was indicted by a grand jury in 2016 in order to begin the years-long extradition process.

Lopez was finally extradited from El Salvador and brought back to the United States in March, where he is being held in the DC jail.

Prosecutors presented physical evidence collected by investigators from three separate locations, including the crime scene, a hospital and the defendant’s home. They also tested blood swabs from the crime scene for DNA evidence. The blood was confirmed to be Arroyo’s, and therefore did not implicate Lopez.

Only physical items were collected as evidence from the hospital and the Lopez’s home, such as the victim’s clothes and the defendant’s passport.

Lopez, upon questioning from DC Superior Court Judge Michael O’Keefe, waived his right to have all evidence independently tested for DNA. This is a permanent decision, regardless of the outcome of his case.

Parties are expected to return on July 19.

Defendant Accepts Plea Deal in a Shooting

On June 28, Denzel Kittrell, 26, took a deal offered by prosecutors and pled guilty for his involvement in a non-fatal shooting.

According to court documents, on Feb. 26, Kittrell allegedly fired shots in the air after verbally threatening a woman. He subsequently fired at her brother’s car when he came to pick her up from the 3300 block of 13th Street, SE. That shooting left a bullet hole in the side of the car.

Kittrell pled guilty to assault with a dangerous weapon, attempted assault with a dangerous weapon, and unlawful possession of a firearm by a convicted felon.

In exchange, the prosecution dropped a 2022 charge as well as other pending legal actions and agreed that Kittrell’s sentences should be served concurrently.

DC Superior Courts Judge Lynn Leibovitz oversaw the proceedings and asked the defendant if he understood the terms of the deal.

Kittrell faces up to 10 years in jail, the maximum sentence for assault with a dangerous weapon.

The defendant’s family was present, and defense attorney Quo Mieko Judkins described them as very “supportive” throughout the process.

Sentencing is scheduled for August 25.

Document: Homicide: 2600 Block of Stanton Road, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a homicide that occurred on June 27 on the 2600 block of Stanton Road, SE.

According to MPD documents, officers responded to the scene and located a juvenile male with visible gunshot wounds. He succumbed to his injuries at a local hospital.

The decedent has been identified as 15-year-old Jaylin Osborne.

Document: Arrest Made in a Homicide: 4200 Block of 4th Street, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch arrested and charged 45-year-old Correy Benjamin Ray with first-degree murder while armed – felony murder for his alleged involvement in the fatal shooting of 20-year-old Marjai Wimbush on Dec. 4, 2022, on the 4200 block of 4th Street, SE.

According to MPD documents, on the day of the incident, Wimbush was located inside a residence with no signs consistent with life and visible gunshot wounds.

Document: Traffic Fatality: Intersection of Holbrook Terrace and Montello Avenue, Northeast

The Metropolitan Police Department (MPD) Major Crash Unit is investigating a traffic fatality that occurred on June 22 at the intersection of Holbrook Terrace and Montello Avenue, NE.

According to MPD documents, a motorcycle and a vehicle collided at the intersection and the individual driving the motorcycle, who was not wearing a helmet, sustained life-threatening injuries, and was taken to a local hospital, where he succumbed to his injuries on June 24.

The decedent has been identified as 29-year-old Dejuan George.

Defense Pushes for Murder Dismissal Due to DNA Issues

On June 27, a defense attorney argued that the prosecution’s mishandling of DNA evidence recovered from a murder weapon should result in charges being dismissed in a 2018 homicide case.

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 occurred on May 11, 2018 near the 600 block of Alabama Avenue, SE. Wheeler was taken to a nearby hospital where he later died from his injuries.

In court, defense attorney Dana Page raised concerns about the results of DNA testing allegedly showing Gray’s and two other unidentified persons’ DNA on the firearm.

Page argued that “someone else’s DNA is on that pistol and that is exculpatory evidence.”

She noted the DC Department of Forensic Sciences’ (DFS) crime lab has lost its accreditation and allegedly mishandled the firearm in this case so it can’t be tested further.

In particular, the defense mentioned there were problems with shipping, storage and keeping the evidence at the proper temperature.

The prosecutor rebutted the claims saying that the defense can still use the evidence collected for analysis. However, Page claimed that because they are unable to collect their own samples, charges should be dismissed or DNA should be excluded from the trial.

Following the arguments a separate motion to allow Gray to attend his significant other’s baby shower was allowed as long as he continuously followed his home confinement terms.

A spokesperson for pretrial services said that Gray has been compliant with his confinement terms and agreed with the request.

DC Superior Court Judge Maribeth Raffinan is set to make a ruling on the motion on Aug. 28.

Murder Defendant Accepts Plea Deal to Avoid Homicide Charge

On June 27, Anthony Green changed his plea to guilty following an agreement presented by prosecutors for Green’s alleged involvement in a homicide.

Green, 28, is now charged with assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction for a shooting that killed 16-year-old Deshawn Francis on Feb. 8 2022 near the 100 block of Chesapeake Street, SE.

Prior to the offer, Green was accused of first degree murder while co-defendant Eugene Williams ,18, is charged with first-degree murder, attempt to commit robbery, two counts of possession of a firearm during a crime of violence, and carrying a concealed weapon outside of a home or business for his alleged involvement in the murder.

Williams says he’s needs more time to consider whether to take a plea.

In court, prosecutors and defense attorneys agreed to a deal that allowed Green to plead guilty in exchange for dismissing the most serious charges stemming from an indictment. Prosecutors said they would be able to prove Green’s involvement in the killing based on security camera footage that allegedly recorded Green committing the crime.

DC Superior Court Judge Maribeth Raffinan asked Green if he understood the terms in the agreement and then told both parties to prepare pre-sentencing reports.

Sentencing is scheduled in front of Judge Raffinan on Sept. 1.

Defendant in Two Cases Pleads Guilty to Homicide

On June 26, a defendant pleaded guilty to second-degree murder.

Khamari Perkins, 22, was charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 18-year-old Naseem Simpson on the 3000 block of 14th Street, N.W., on March 15, 2020. The incident occurred while Perkins was on release for an unrelated case.

Perkins also faces charges in an alleged non-fatal stabbing that occurred at the D.C. Jail on the 1900 block of D Street, SE on Jan. 6. He’s charged with assault with intent to kill while armed, conspiracy, and unlawful possession of contraband in a penal institution.

During the hearing, the prosecutor offered a plea agreement which modified charges for the two cases. The deal required Perkins to plead guilty to second-degree murder and assault with a dangerous weapon for both cases. All other charges will be dismissed.

He faces 12-to-16 years in prison for both charges.

A sentencing hearing before D.C. Superior Court Judge Maribeth Raffinan was scheduled for Sept. 22.

Complex Homicide Trial Results in a Deadlocked Jury

On June 23, after four days of deliberation jurors told DC Superior Court Judge Michael Ryan that they were deadlocked and unable to reach a verdict in a complex murder case.

Victor Coley, 60, was 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. His conviction included assault with intent to kill and possession of a firearm, along with 11 other charges.

In 2021, one of Coley’s victims, 65-year-old Dennis Foster, died allegedly from gunshot wounds sustained in the 2013 shooting. As a result new murder charges were filed against Coley.

According to testimony from several witnesses, Foster was paralyzed after being shot twice in the back, and suffered years of health complications preceding his death on Dec. 3, 2021.

Coley was convicted of shooting three other people. One victim suffered a shot to the leg, another to the hand, and a third was shot in the back of the head and in the chest.

Prosecution witnesses included eyewitnesses, medical examiners, and toxicologists from the DC Office of the Chief Medical Examiner (OCME). On June 7, a medical examiner testified that Foster died of complications caused by his gunshot wounds, and that his manner of death was homicide.

One of the surviving victims, who still has bullet fragments in his chest, testified he suffers migraines from the shooting.

Key witnesses for the defense included medical experts as well as police officers who responded to the crime scene in 2013.

On June 12, a forensic pathologist called forth by the defense testified that elevated levels of sertraline, a drug commonly known as Zoloft and used to treat depression and other mental health conditions, in Foster’s blood was elevated and could have caused an overdose.

Two days later, the chief toxicologist at the OCME testified that the levels of sertraline in Foster’s blood were “inconsistent with an acute overdose.”

In their closing statements, prosecutors stated that Coley intended to execute Foster when he shot him from close range in 2013, and urged the jury to find him guilty of Foster’s murder.

Defense attorneys brought forward various inconsistencies in the prosecution’s argument and witness testimony that was ultimately enough to result in a hung jury.

A status hearing is set for July 10 to figure out steps for a new trial.

Judge Orders More Mental Tests for Violent Crimes Suspect

On June 23, following weeks of disagreement between parties, DC Superior Court Judge Rainey Brandt assigned a doctor to continue mental observations of a defendant accused of violent crimes.

Joseph Evans, 57, is charged with kidnapping while armed, first degree sexual abuse while armed and assault with a dangerous weapon in connection to an incident on Sept. 24, 2012 on the unit block of K Street, NE. According to court documents, a gun was fired during the crime.

Parties discussed a prosecution motion to reconsider using an independent mental health expert, following lengthy discussions about the mental observations done by the DC Department of Behavioral Health (DBH).

On June 16, Judge Brandt expressed concern about the original mental health expert’s testimony and said that she needed more time to make a ruling.

The prosecution asked if they could bring in a mental health expert, but Judge Brandt declined their request, stating that both parties had previously had the opportunity to appoint an expert.

So, Judge Brandt designated an expert who is not affiliated with DBH to perform more evaluations on Evans.

All parties are scheduled to return on July 20 to review Evans’ new evaluation to see if he’s mentally competent to stand trial.

Non-Fatal Shooting Defendant Rejects Plea Offer

On June 26, 2023, defendant Rae Kwon Sutton rejected a plea offer before DC Superior Court Judge Lynn Leibovitz.

Sutton, 25, is charged with assault with a dangerous weapon committed during release, and possession of a firearm during crime of violence committed during release, among other charges, for his involvement in a non-fatal shooting on the 4800 block of Benning Road, SE, on March 19, 2022.

According to court documents, a 911 phone call was placed by a complainant who screamed she was about to die because a man was shooting at her home, apparently in error because Sutton’s alleged target wasn’t there.

Prosecutors offered a plea deal which would have Sutton plead guilty to all charges in exchange for a dismissal of charges in an unrelated incident. He rejected the offer, and asserted his right to a speedy trial.

Sutton is expected back for a trial readiness hearing set on Sept. 15.

‘Thank God for Justice,’ Says Victim’s Sister After Murder Conviction

On June 23, a jury convicted Isaac Moye of murder and family members expressed relief at the verdict.

Moye, 45, was convicted of second-degree murder for his 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.

Outside the courthouse, Harris’ sister told D.C. Witness she was grateful for the verdict, saying, “Thank God for justice.”

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

“[There is] a missing girl in DC, only she’s not missing, she’s gone,” prosecutors stated in their opening arguments.

As the trial progressed, prosecutors presented evidence that placed Moye at Harris’ apartment the night she disappeared. Using data collected from Moye’s electronic monitoring device, which an expert witness examined, prosecutors argued Moye’s GPS location linked him to Harris’s murder.

Additional evidence including DNA samples recovered from a couch cushion in Harris’ apartment, showed that Moye had previous sexual encounters with Harris even though he denied having sex with her in interviews with investigators.

Defense attorneys for Moye refuted prosecution claims about Harris’ disappearance stating the “investigation of this case was doomed from the very start.”

The defense noted MPD’s not acting quickly to collect evidence and follow up on potential leads. Moye’s lawyers also said other suspects were overlooked and should have been interviewed for their possible connection to the crime.

In closing statements, defense attorney Jason Tulley told the jury that Moye was “accused of something he did not do.”

Prosecutors urged the jury to “bring her home”, evoking an emotional response from Harris’ family members in the courtroom. As the jury read the verdict, members of Harris’ family cried out with relief.

DC Superior Court Judge Anthony Epstein then questioned the jurors in turn if they agreed with the verdict. Each gave a confident affirmative. As the jury left the room, Harris’ family members embraced the prosecuting attorneys.

“We are strong believers in God. Today was Him showing his power,” Harris’ sister said in a follow-up email. “In my opinion a just punishment would be the death penalty! My sister had to pay with her life. I feel as though he should too.”

Harris’ sister also gave a strong warning to women in general stating “As women I encourage us to get protection for our households and protect ourselves and children because in this case initially the police department failed my sister.”

Yet, she expressed faith in the justice system, saying, “I believe [the verdict] gave all of us hope.”

Meanwhile, defense attorneys filed a motion for a mistrial based on the prosecution’s handling of the case.

Parties are expected to argue on the mistrial motion on as well as pick a sentencing date on July 7.

Document: Homicide: 3400 block of 22nd Street, Southeast

The Metropolitan Police Department (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a homicide that occurred on June 25 on the 3400 block of 22nd Street, SE.

According to MPD documents, officers responded to the scene for reports of a shooting and located an individual suffering from gunshot wounds. There were no signs consistent with life.

The decedent has been identified as 28-year-old Atorrin Tyndle.

Document: Decedent Identified Homicide: 600 block of I Street, Northwest

The Metropolitan Police Department Homicide Branch has identified the victim in a fatal shooting that occurred on June 19 on the 600 block of I Street, NW. MPD asks for the public’s continued assistance in the investigation of the incident.

According to MPD documents, officers heard gunshots, and, when canvassing the area, located an adult male individual suffering from gunshot wounds and with no signs consistent with life.

The decedent has been identified as 30-year-old George Johnson.

Co-Defendants in A 2019 Murder Case Plead ‘Not Guilty’ to All Charges

Deangelo Glover, 31, and Ronald Wallace, 49, are charged with first-degree murder premeditated while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm for allegedly shooting two individuals on Jan. 19, 2021 on the 3800 block of Hayes Street, NE.

According to court documents, 32-year-old Tyrone Wright died in the incident.

Counsel for both defendants alerted the court they were pleading not guilty to all charges, and asserted their right to a speedy trial.

DC Superior Court Judge Michael O’Keefe set a status hearing for Sept. 7, where all parties are expected to appear.

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