In Sentencing Judge Says, You’re Not Going to Talk Me Out of It

In a Sept. 7 hearing, DC Superior Court Judge Jennifer Anderson chose prison over probation for Rashun Proctor who agreed to plead guilty to charges in two domestic violence incidents.

Proctor, 25, was charged with simple assault, attempted assault with a dangerous weapon, attempted possession of a firearm and other charges relating to events that took place Feb. 4 and March 4 on the 2500 block of Knox Place, SE.

According to the plea agreement obtained by D.C. Witness, prosecutors say they would have proved that Proctor “threatened to kill [his girlfriend] and pushed her. [Proctor] assaulted the victim all because the victim admitted that she had slept with someone else while she and [Proctor] were broken up.”

The agreement also accuses Proctor of “periodically walking over to the victim, and cursing at her and pointing a firearm in her direction.” Nonetheless, she was able to escape and call 911, and finally return to the apartment “because her four children were still inside.”

Nonetheless, the woman appeared in court to deliver a statement supporting Proctor’s parole. She asked Judge Anderson to offer Proctor leniency in that he’s shown remorse and “they have a baby on the way.”

“He could help keep up with the bills,” she said.

Judge Anderson replied that Proctor subjected the victim to “horrific events” and noted later that the woman was so frightened during the attack that she urinated on herself.

For his part, Proctor told Judge Anderson that he accepts full responsibility for his actions and that he apologizes “from the bottom of my heart.” He says that jail has shown him he has a purpose and that he wants to seek gainful employment and help others by starting a non-profit organization.

“I won’t let distractions put me in harm’s way…I just want to be a dad.” Proctor said he’s a high school graduate.

Speaking of his girlfriend, whom he admitted abusing in the plea agreement, “I really love her.

Proctor’s attorney, Camille Wagner, asked Judge Anderson to sentence him under the Youth Rehabilitation Act (YRA) which would allow her to impose less than the mandatory minimum.

However, Judge Anderson had exercised that option with Proctor in a previous matter and she had no intention of repeating herself.

“You’re not going to be able to talk your way out of it, ” she said, pointing out that Proctor fired a gun during the incident. Even though Judge Anderson acknowledged Proctor was likely to complete the terms of a possible parole and spoke articulately about his contrition, the violent nature of the case was defining.

Judge Anderson sentenced Proctor to 18 months for assault with a dangerous weapon and 18 months unlawful possession of a firearm, those terms served concurrently with six months for unlawful discharge of a firearm added consecutively to the other charges.

In addition, Proctor faces three years supervised probation. Still, those penalties are far less than the maximum allowed under DC law.

At the end of the hearing Judge Anderson denied Proctor’s request to embrace his reconciled girlfriend.

As he was led away by US Marshals, Porter repeatedly called out to his girlfriend, “I love you so much.”

Document: Wanted Escapee

The Metropolitan Police Department (MPD) is seeking the public’s assistance in locating a suspect that is wanted for an escape offense. He was previously arrested on Sept. 6 and charged with a homicide offense.

Christopher Patrick Haynes, 30, is a Black male, 6’0” in height, weighing approximately 205 pounds with a medium brown complexion. Haynes has black hair and brown eyes. He was last seen on Sept. 6 on the 900 block of 23rd Street, Northwest. He was last seen wearing a black T- shirt and a grey shorts underneath a white body suit.

Document: Arrest Made in a Homicide: 2200 Champlain Street, Northwest

On Sept. 6, the Metropolitan Police Department arrested and charged 33-year-old Pedro Fuentes with first-degree murder while armed for his alleged involvement in a homicide that occurred on July 26 on the 2200 block of Champlain Street, NW.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male shooting victim with no signs consistent with life.

The victim was identified as 30-year-old Arnold Humberto Solis.

Non-Fatal Shooting Defendant Acquitted of All Charges

On Sept. 6, a jury delivered a not guilty verdict before DC Superior Court Judge Lynn Leibovitz following a non-fatal shooting trial.

Delonte Smith, 25, was charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of a firearm, and unlawful discharge of a firearm for his alleged involvement in a non-fatal shooting on Feb. 6 at the 2600 Block of Stanton Road, SE.

After deliberating for about three hours, the jury delivered a not guilty verdict for every charge.

His defense attorney, Joseph McCoy, insisted the only evidence against Smith in this case was the testimony of the victim; and that there is no physical evidence that pointed to Smith’s being the shooter.

Prosecution tried to prove Smith’s guilt by explaining how the victim’s girlfriend wouldn’t have called 911 to say her boyfriend was the shooter, even though there was a dispute as to who might have fired the gun.

In addition, they argued that Smith had motive to shoot the victim after his car’s windows had allegedly been smashed with a baseball bat by the victim minutes before.

The prosecution relied heavily on oral testimony because physical evidence was lacking. Since police not search the victim’s apartment, there were no shell casings found, and no DNA evidence to identify the shooter.

The prosecutors only called three witnesses, including the victim. When he was cross-examined, McCoy said the victim was only there for one reason– a deal he made to testify in exchange for immunity following the damage to Smith’s car.

McCoy further explained that the victim also “ghosted the government,” and did not reply for several weeks. According to McCoy, Judge Leibovitz had to send out a warrant for the victim’s arrest to ensure he would testify at the trial.

In the defense’s closing statement, McCoy highlighted the lack of physical and DNA evidence, the lack of proof beyond a reasonable doubt, as well as inconsistencies in the victim’s and his girlfriend’s statements.

Both parties rested on Sept. 5, and jury deliberations concluded the following day.

Following reading the non-guilty verdict, Smith was told by Judge Leibovitz that he was free to go.

Non-Fatal Shooting and Stabbing Defendant Wants to Withdraw Guilty Plea, Prosecutors Say ‘No’

On Sept. 6, DC Superior Court Judge Anthony Epstein heard competing arguments regarding Alvin Jackson’s request to withdraw his guilty plea.

Jackson, 29, was originally charged with three counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, three counts of criminal street gang affiliation, and one count of conspiracy while armed for his alleged involvement in a non-fatal shooting, May 2, 2020, on the 5000 block of H Street, SE.

According to court documents, three individuals sustained non-life-threatening injuries in the incident.

In a separate case, Jackson was charged with one count of aggravated assault knowingly while armed during pretrial confinement for a stabbing that took place on Aug. 5, 2022, at the DC Correctional Facility on the 1900 block of E Street SE.

On April 20, Jackson agreed to a global agreement pleading guilty to one count of assault with intent to kill while armed and one count of assault with a dangerous weapon for his role in the May mentioned shooting and the non-fatal jail stabbing. The plea agreement was previously sealed but is now available to the public.

Defense counsel for Jackson, Steven Kiersh, argued prior counsel misinformed Jackson about the plea deal and he did not receive adequate representation. Kiersh claims his client was coerced into signing and did not have enough time with counsel to discuss options.

Kiersh also noted the prior counsel allegedly told Jackson he could “talk the judge down” to eight years instead of twelve despite Rule 11(c)(1)(C), which limits a judge’s sentencing discretion in a plea deal.

Witness testimony corroborated Kiersh’s claims, even though the prior counsel does not recall saying that Jackson’s deal could be modified and disagrees with the accusations.

Prosecutors believe Jackson’s motive to withdraw the plea is not misinformation but rather a response to retaliation. The prosecutor highlighted the suspicious timing of the withdrawal request as Jackson was assaulted in prison a few days prior.

The prosecutor stated Jackson admitted to the crime and should not have the option to “take it all back,” especially without assertion of legal innocence.

Judge Epstein will rule in chambers and currently has no timeline for a decision.

Murder Defendant Agrees to Twelve Years Behind Bars in Emotional Sentencing

On September 6, DC Superior Court Judge Anthony Epstein sentenced Roberto Cayetano-Mejia to twelve years incarceration with credit for time served.

Cayetano-Mejia, 23, was originally charged with one count of second-degree while armed and one count of possession of a firearm during a crime of violence for the fatal shooting of 19-year-old Franklin Hernandez-Arevalo on Nov. 7, 2020 on the 3300 block of Water St. NW.

On April 27, Cayetano-Mejia agreed to a plea deal for one count of voluntary manslaughter while armed in exchange for a dismissing the possession charge.

Hernandez-Arevalo was located on scene by the Metropolitan Police Department (MPD) with a gunshot wound to the chest. He was pronounced dead at the scene.

Court documents reveal an escalating argument in which Cayetano-Mejia pulled a firearm and fired one close-range shot. Although a motive wasn’t determined, prosecutors suggest gang affiliations played a role in the altercation.

Hernandez-Arevalo’s mother, through an interpreter, made an emotional statement to the court about the pain she felt for the past two-and-a-half years, “What I wanted to say, it is not fair a child is not with me because a murderer with no heart…he did not only kill my child, he murdered me…a person like him should not be able to see the sun, like my child can’t see the sun.”

While asking for the maximum sentence, she yelled, “He is a monster, he is a monster.”

Overcome with emotion, she had to be helped out of the courtroom.

The prosecutors maintained Cayetano-Mejia should not be sentenced under the Youth Rehabilitation Act (YRA) based on his behavior after a previous conviction in Virginia and “no motivation whatsoever to rehabilitate” pending sentence for this case.

Defense counsel Rachel McCoy argued Cayetano-Mejia has been reflecting while incarcerated and realizes now “who he was is not who he wants to be.”

In a short statement, Cayetano-Mejia expressed remorse, “I want to apologize for the pain and suffering the family has experienced…If I could go back, I would tell my younger self to save a life that ended too early.”

Judge Epstein decided the sentence would not fall under the YRA as the seriousness of the case and the actions of Cayetano-Mejia make him less eligible.

After jail time, Cayetano-Mejia is required to serve five years supervised release, register as a gun offender, and complete educational or vocational classes and counseling services.

Document: Arrests Made in Shooting that Left 1 Dead, 5 Injured

The Metropolitan Police Department (MPD) arrested three men in connection to a Sept. 5 shooting that left one dead and five injured on the 200 block of M Street, SW.

According to MPD documents, officers responded to the listed location for the report of a shooting inside of an apartment, where they located two men who had been shot and one man who had suffered injuries from falling from the building.

One of the shooting victims, 32-year-old Matthew Miller, died at the scene. The other two were transported to local hospitals for the treatment of non-life-threatening injuries.

A while later, three men walked into a hospital for treatment of non-life-threatening injuries sustained from gunshots. A MPD investigation determined that they were the suspects, but were also shot during the incident.

All three, 22-year-old Keshawn Lavender, 27-year-old Deandre Sams, and 36-year-old Raymond Mathis were arrested and charged with first-degree murder (felony murder).

Document: Person of Interest Sought in a Homicide: 600 Block of Monroe Street, Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is seeking the public’s assistance in identifying and locating a person of interest in a homicide that occurred on July 17 on the 600 block of Monroe Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male shooting victim. He was transported to a local hospital for treatment, where despite all lifesaving efforts, he succumbed to his injuries.

The victim was identified as 44-year-old Robert Lavender.

On Sept. 1, MPD arrested and charged an adult male with first-degree murder while armed (felony murder) in regards to this case.

They are seeking the public’s assistance in locating and identifying a person of interest caught in surveillance footage.

Judge Orders New Competency Hearing for ‘Uncooperative’ Shooting Defendant

DC Superior Court Judge Lynn Leibovitz ordered a shooting suspect to cooperate with those administering a repeat mental exam during a Sept. 6 hearing.

Andrew Parsons, 28, is charged with assault with a dangerous weapon in connection with an incident that occurred on Aug. 9 on the 800 block of Southern Avenue, SE.

According to court documents, Parsons got into an argument with a person he knew and shot him several times in the legs. The injuries required a surgical repair.

When asked by officers of the Metropolitan Police Department (MPD) to identify the suspect, the victim replied, “I know the code of the road… I ain’t never been no snitch.” Surveillance footage at the scene ultimately led police to arrest Parsons.

During the hearing Judge Leibovitz said Parsons was initially “not cooperative” with interviewers from the DC Department of Behavioral Health, and she ordered him to undergo a full mental competency evaluation to determine if he’s capable of standing trial.

Parsons’ attorney, Darryl Daniels II, said his client wants to cooperate but was suffering from short-term memory loss.

Judge Leibovitz told Parsons the longer it takes to do the mental screen, the longer it’s going to take to “get rolling” on the case. She urged Parson to have a “full conversation with his doctor.”

Leibovitz set the next hearing in the case before DC Superior Court Judge Heidi Pasichow for Oct. 4.

Document: Homicide: 3800 Block of 9th Street, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Sept. 4 on the 3800 block of 9th Street, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male shooting victim with no signs consistent with life.

The victim was identified as 18-year-old Daysean Snowden.

Document: Suspect Sought in an Assault with a Dangerous Weapon (Gun) Offense: 1400 Block of Howard Road, Southeast

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect in connection to a non-fatal shooting that occurred on Sept. 1 on the 1400 block of Howard Road, SE.

The suspect was captured by a surveillance camera.

Document: Suspect Sought in an Assault With Intent to Commit Robbery while Armed (Gun) Offense: 3900 Block of Martin Luther King Jr Avenue, Southwest

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect connected to a non-fatal shooting that occurred on Sept. 3 on the 3900 block of Martin Luther King Jr. Avenue, SW.

According to MPD documents, the suspect approached the victim at the location, brandished a handgun and demanded money from the victim. He then shot the victim and fled the scene without obtaining any property. The victim was transported to a hospital for the treatment of non-life-threatening injuries.

Nearby surveillance cameras captured the suspect.

Non-Fatal Shooting and Carjacking Defendant Accepts Plea Deal

On Sept. 6, Basil Thomas accepted a plea deal extended by prosecutors for his involvement in two carjacking incidents that left him wounded by his own gun.

Thomas, 20, was originally charged with two counts of armed carjacking, one count of assault with a dangerous weapon, five counts of possession of a firearm during a crime of violence, and one count of carrying a pistol without a license, among other charges, for his involvement in two incidents on March 3 on the 4400 block of 8th Street, NE, and the 4800 block of North Capitol Street, NE.

According to prosecutors, Thomas and an unidentified individual approached the first victim while he was cleaning out his car, threatened him with a gun, and stole his Lexus at the first location. Thomas and his companion went to a second location, where they attempted to carjack a second victim by pointing a gun at him.

At that point, the victim tussled with Thomas attempting to take away his weapon, and during the confrontation it fired, hitting Thomas on the thigh. He and his accomplice ran off, leaving the gun in the second victim’s vehicle.

Meanwhile, the first victim’s daughter called the police and was helping them follow her father’s vehicle by tracking his phone that was left inside. Officers located the first victim’s vehicle and his belongings near the second victim’s vehicle, and interviewed the second victim about what happened.

A short time later, Thomas arrived at a hospital to receive treatment for his injury, where he told Metropolitan Police Department (MPD) officers that he had been a victim of a robbery. Their investigation showed that no robbery occurred, and that Thomas allegedly did not have a valid permit to carry a pistol. He was placed under arrest at the hospital.

During the Sept. 6 hearing, defense attorney Hannah Claudio alerted the court that Thomas would be pleading guilty to one count of carjacking, possession of a firearm during a crime of violence, robbery, and unlawful possession of a firearm, in exchange for the dismissal of all other charges.

Parties agreed that the sentence imposed for the carjacking and possession of a firearm charge will run concurrently to one another but consecutively to the sentences for robbery and unlawful possession, which are set to run concurrently.

He faces a total of 10 years incarcerated, and 5 years of supervised release.

Sentencing is scheduled for Nov. 29.

Defense Claims Potential Jury Bias in 86 Cases Linked to COVID

Attorneys for the DC Public Defender Service, the US Attorney’s Office and the DC Superior Court debated how much data should be released in a Sept. 5 hearing about whether jurors fairly represented a cross-section of the community during the pandemic.

At issue in the proceeding before DC Superior Court Judge Marisa Demeo is whether attorneys representing 86 defendants should have access to identifying information including names and addresses of those the DC Superior Court uses to build its jury pools.

The matter has been linked to the COVID pandemic which defense lawyers claim has had a disproportionate impact on communities of color and by implication trial outcomes which could be invalidated.

In an Aug. 17, 2022 motion filed on behalf of defendant Tony McClam, attorney Jason Tulley asked for more information about “[T]he selection of [trial] juries during the COVID-19 pandemic, specifically since November 2021, in order to ensure that… jurors have been selected from a fair cross-section of the DC community as guaranteed by…the Constitution.”

McClam, originally accused of killing 11-year-old Karon Brown in 2019 in the 2700 block of Naylor Road, SE, was found not guilty of first degree murder in January of 2022 in a seven-count indictment but the jury was hung on the other six charges. The prosecution intends to retry the case.

In response, Tully’s motion contends, “Mr. McClam is charged by indictment with first degree murder and other related charges [upcoming trial date, December 6], and the defense suspects, based on the data analyzed so far, that the… jury selected for this trial will…violate…the Fifth and Sixth Amendment [guaranteeing the jury fairly represents the community].”

To back up the assertions of racial imbalance, defense lawyers submitted an analysis by a data scientist concluding: “45.8% of the jury eligible population in Washington, DC are Black. 35.3 % of the [trial] jurors are Black. 34.7% of the grand jurors are Black.

“The absolute disparities exceed ten points. Hence I conclude that Blacks are substantially underrepresented.”

A source familiar with the litigation tells D.C. Witness that the District is making a good faith effort to diversify jury panels and that there’s no systematic attempt to discriminate against minorities.

However, getting a proportionate mix of people to respond to jury summonses is challenging.

Given other enforcement priorities, the source estimates that only about half of those summoned actually show up as required by law. That means the final trial juries may not meet the constitutionally required racial mix.

The controversy has put the DC Superior Court in a legal bind, because they supply the juries. Thus, the court is caught between the US Attorney’s office which says the COVID cases were properly prosecuted, versus the Public Defender Service wanting them reconsidered for fairness.

Courthouse officials, say the source, believe they can show they don’t have their “thumb on the scale” when it comes to picking juries–that even though the outcome isn’t perfect, they say the process is fair.

Meanwhile, the number of cases joining the COVID action for reconsideration on constitutional grounds has grown to nearly 100.

Judge Demeo said she’s considering how much jury pool information can be released for the next hearing on Oct. 13 at 9:30 a.m.

Defendant in First-Degree Murder Case Remains Detained

On Sept. 5, On Sept. 5, DC Superior Court Judge Robert Okun denied a homicide defendant’s request for release citing dangerousness.

Korriek Akinola, 22, is charged with premeditated first-degree murder while armed for his alleged involvement in the fatal shooting of Joshua White, 29, on June 6 on the 4700 block of South Capitol Street, SE.

In an Aug. 28 preliminary hearing, Judge Okun found probable cause that Akinola was the perpetrator in the incident. Prosecutors opposed Akinola being released as he awaits a disposition, arguing he is a flight risk and remains a danger to the community.

During his detention hearing on Sept. 5, there was mention of a previous attempt to flee. According to Metropolitan Police Department (MPD) documents, on July 24, officers from the Capital Area Regional Fugitive Task Force (CARFTF) located Akinola in possession of a handgun.

Kevin Mosley, Akinola’s defense attorney, wanted him released so he could continue his employment. However, the prosecutor argued Akinola should be detained. Given the weight of the evidence, Judge Okun feels Akinola a potential danger to the community.

“In my mind, the nature of the offense weighs in favor of detention,” Judge Okun said.

Akinola will remain detained at the DC Central Detention Facility until his next court appearance, which is scheduled for Nov. 3.

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