Case Acquitted: Both Parties Make Closing Arguments in Non- Fatal Shooting Trial

This case was acquitted on Sept. 6, 2023.

On Sept. 5, DC Superior Court Judge Lynn Leibovitz instructed the jury to deliberate a non-fatal shooting case.

Delonte Smith, 25, is 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 shooting that occured on Feb. 6 at the 2600 Block of Stanton Road, SE.

Following jury selection, the prosecution and defense presented their opening statements.

Prosecutors said the shooting had been the result of a “neighborly dispute gone too far”.

The prosecution said that on the day of the incident, the victim felt he was being taunted by Smith and his girlfriend, and that as a result he decided to smash Smith’s car windows with a bat. After smashing the car, he proceeded to go upstairs and wait for Smith to provoke a fight.

Prosecutors said that there is a history of disputes between Smith’s girlfriend and the victim’s girlfriend, and that it came to a head on Feb. 6 with shots being fired.

Defense attorney Joseph McCoy explained in his opening statement that the alleged victim is the one at fault for this shooting. He described the victim as a “fragile, angry, and explosive man”.

McCoy further explained that Smith was the real victim in this case, and that the alleged victim hasn’t made an effort to participate in the trial. The victim, according to McCoy, only agreed to testify because of a deal to give him immunity for damaging Smith’s vehicle. McCoy ended his statement by explaining that the only evidence in this case is the testimony of the victim himself.

After the opening statements, the prosecution called the victim’s girlfriend. She explained the issues she had been previously having with Smith’s girlfriend, such as loud noises and disturbances in their apartments. She discussed the 911 call that she made to the police after the incident.

When she was cross examined, McCoy pointed out inconsistencies including where she was when the shots were fired and if she had spoken to the victim prior to the 911 call.

Prosecutors called forth the victim who revealed that he had a knife at the time of the shooting. However, there were questions about whether he had the knife out before or after the first shot was fired.

The lead detective testified that when he arrived at the scene, there were bullet fragments on the floor and a hole in the ground from the bullet. When he was cross examined, it was revealed that the police had never searched the victims apartment that day, and didn’t any shell casings or DNA from that day.

Smith waived his right to testify.

During their closing arguments, prosecutors insisted that the jury find Smith guilty of all charges, stating that he was the obvious perpetrator in the incident.

Then, the defense re-emphasized that the police never searched the alleged victim’s apartment, or found any actual evidence as to who shot the gun. McCoy additionally explained that there is no surveillance footage showing the actual incident, just the time leading up to it and after.

He closed by saying, “Delonte Smith is an innocent man”.

The jury is set to begin deliberations on Sept. 6.

Defendant Pleads ‘Not Guilty’ During Arraignment

On Sept. 1, Stephen Herring was arraigned before DC Superior Court Judge Marisa Demeo.

Herring, 23, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of 30-year-old Marcus Thurman on Aug. 22 on the 100 block of M Street, NE. On Sept. 4, Thurman succumbed to his injuries.

Herring was originally charged with one count of assault with intent to kill while armed, which was amended on Sept. 4, following Thurman’s death.

Herring, through his defense attorney, pleaded not guilty.

The next hearing is scheduled for Nov. 13.

Document: Homicide: 100 Block of M Street, Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Aug. 22 on the 100 block of M Street, NE.

According to MPD documents, officers responded to the location for the report of a stabbing, where they located an adult male suffering from stab wounds. He was transported to an area hospital for the treatment of life-threatening injuries, where, despite all lifesaving efforts, he succumbed to his injuries on Sept. 4.

The victim was identified as 30-year-old Marcus Thurman.

On Aug. 22, MPD arrested and charged 22-year-old Stephen Herring with assault with intent to kill while armed with a knife, which MPD detective are working with prosecutors to upgrade the charges.

Document: Arrest Made in a Homicide: Unit Block of Patterson Street, Northeast

The Metropolitan Police Department (MPD) arrested and charged 38-year-old Brandon Smith with second-degree murder for his alleged involvement in a homicide that occurred on July 4 on the Unit block of Patterson 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 with no signs consistent with life.

The victim was identified as 44-year-old Charles Antonio Stanton.

Document: Homicide: 6000 Block of Dix Street, Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Sept. 4 on the 6000 block of Dix Street, NE.

According to MPD documents, officers responded to the location for the report of the sounds of gunshots. Officers located an adult male shooting victim and transported him to a local hospital, where, despite all lifesaving efforts, he succumbed to his injuries.

The victim was identified as 29-year-old Marquette West.

Document: Homicide: 1300 Block of 7th Street, Northwest

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Sept. 1 on the 1300 block of 7th Street, NW.

According to MPD documents, officers responded to the location for the report of a shooting, where they located three shooting victims, two adult females and one juvenile female. All victims were transported to local hospitals for treatment, where, despite all lifesaving efforts, the two adult victims succumbed to their injuries. The juvenile victim is in critical, but stable condition.

The decedents were identified as 19-year-old Mikeya Ferguson and 18-year-old Cle’Shai Perry.

Document: Homicide: 4200 Block of 4th Street, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Sept. 2 on the 4200 block of 4th Street, SE.

According to MPD documents, officers responded to the location for the report of a shooting, were they located a juvenile male shooting victim inside of a residence with no signs consistent with life.

The victim was identified as 15-year-old Zyion Turner.

MPD is currently offering a reward of up to $25,000 to anyone that provides information leading to the arrest and convection of the responsible individuals.

Document: Homicide: 100 Block of Farragut Street, Northwest

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Sept. 1 on the 100 block of Farragut Street, NW.

According to MPD document, 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 43-year-old Richard Ruffin III.

Document: Arrest Made in a Homicide: 600 Block of Monroe Street, Northeast

The Metropolitan Police Department (MPD) arrested and charged 18-year-old Jaleil Jones with first-degree murder while armed for his alleged involvement in a homicide that occurred on July 17 on the 600 block of Monroe Street, NE.

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

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

Document: Homicide: 5100 Block of Astor Place, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Sept. 1 on the 5100 block of Astor Place, SE.

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

The victim was identified as 32-year-old Mannin Quarles.

Document: Suspect Sought in an Armed Robbery (Gun) and an Assault with a Dangerous Weapon (Gun) Offenses: 300 Block of Oglethorpe Street, Northwest

The Metropolitan Police Department (MPD) is seeking the public’s assistance in locating and identifying a suspect connected to an armed robbery and a non-fatal shooting that occurred on Aug. 31, on the 300 block of Oglethorpe Street, NW.

According to MPD documents, the suspect approached the victim at the listed location, brandished a handgun and demand their property. The victim complied, and sustained a non-life-threatening gunshot wound. The suspect then fled the scene in the victim’s vehicle, and the victim was transported to a local hospital for treatment.

Homicide Defendant Sentenced to Four Years

On Sept. 1, Anthony Green, having previously accepted a guilty plea, was sentenced by DC Superior Court Judge Maribeth Raffinan to 48 months in prison for his involvement in a homicide.

Green, 28, along with his co-defendant, 18-year-old Eugene Williams, was originally charged with first-degree murder while armed, attempted robbery while armed, two counts of possession of a firearm during a crime of violence and unlawful possession of a firearm by a prior convict, for his involvement in an incident that left 16-year-old DeShawn Francis dead on Feb. 8, 2022 on the unit block of Chesapeake Street, SE.

According to Metropolitan Police Department (MPD) documents, Francis was found with a gunshot wound to the head, and taken to the hospital for treatment. He succumbed to his injuries on Feb. 11, 2022. The incident allegedly occurred after a dispute over $200 worth of marijuana.

On June 27, Green accepted a plea deal for one count of assault with a deadly weapon and one count of possession of a firearm in exchange of a dismissal of all other charges. Due to his guilty plea, Williams is being charged separately.

Francis’s mother and stepfather gave victim impact statements at the sentencing. According to the family members, Francis was the firstborn of five siblings. Both parents emphasized Green’s role in the situation, stating that as an adult he should’ve known better. They argued that, despite not having pulled the trigger, he failed to intervene in Francis’s death.

“As an adult, I decide to do different. That is what makes an adult,” Francis’s stepdad said.

“One voice could have made a difference,” Francis’s mother said.

Green wrote a letter to the court expressing remorse. His attorney, Errin Scialpi, argued Green’s being injured during the incident and his own loss of a child as mitigating factors. Judge Raffinan pointed to the defendant’s age, previous criminal history, and the nature of the crime as factors behind her decision.

On the count of assault with a deadly weapon, Green was sentenced to 48 months confinement and 18 months supervised release. For unlawful possession of a firearm, he was sentenced to 24 months confinement and 18 months supervised release. The sentences are to be served concurrently, with credit for the one year already served by Green. He is also required to register as a gun offender after his release.

Defendant Sentenced to 18 Years in Murder Case

On Sept. 1, DC Superior Court Judge Anthony Epstein sentenced David Rhodes to 18 years in prison.

Rhodes, 55, was originally charged with first-degree murder while armed and carrying a dangerous weapon for his involvement in the fatal stabbing of 47-year-old Georgette Banks on May 9, 2021. The incident, which left her suffering from stab wounds to the neck, chest, and arms, happened on the 2600 block of Martin Luther King Jr. Avenue, SE. Banks and Rhodes were in a relationship.

On May 19, Rhodes accepted a plea offer extended by prosecutors that lessened the murder charge to a second-degree and dismissed the carrying a dangerous weapon charge.

Several of Banks’ family members delivered impact statements.

Banks’ niece told Judge Epstein that Rhodes “took her away from her loved ones without hesitation,” and insisted that no amount of time imposed during the sentencing would add up to their loss.

Banks’ sister, who told the court about their growing up together, said that “an amazing family member was taken too soon,” and argued that she “needs some closure of [her] own”.

Banks’ daughter, asking Judge Epstein to excuse her language, told Rhodes “I feel like you’re a bitch.” According to her, Banks’ mother unfortunately passed away the same way her daughter did.

“This shit is really ridiculous. No matter how this goes, I’m going to see you again,” she told Rhodes.

Prosecutors argued that this was a horrific murder case, stating that Banks was stabbed and left to die. They insisted that Rhodes has a history of crime, stating that this is his second homicide.

In 2004, Rhodes pleaded guilty to one count of voluntary manslaughter, for which he served five years incarceration and five years of supervised release.

Because of his history, and the nature and circumstances of this crime, prosecutors requested Judge Epstein sentence Rhodes to the top of the 15-18 year range parties agreed on when he plead guilty.

Dana Page, Rhodes’ defense attorney, told the court that “[He] takes this all very seriously, and is taking responsibility for what he did”. She stated that he is completely remorseful for his actions, and argued that Rhodes has had many traumatic experiences in his life that have caused him to have mental health and substance abuse issues.

“People that suffer traumas like Rhodes has suffered, often turn to substances,” Page argued.

“My hope is that the court can understand how seriously he takes this. He cared about the decedent,” she insisted.

Page requested Judge Epstein sentence Rhodes to the lower number in the sentencing guideline.

Rhodes addressed the court, stating that he didn’t have much to say. “My condolences to the family, I wasn’t raised to take life from others,” he stated.

“I’m not asking for forgiveness, because I can’t forgive myself,” he uttered. “I hope they can find some closure”.

Judge Epstein argued that this case wasn’t a simple stabbing, stating that the savagery of the murder gave him reason to impose a higher sentence. He mentioned that his prior conviction for manslaughter stemmed from jealousy, and cost the life of another woman.

Judge Epstein noted that even though Rhodes is extremely remorseful and took responsibility for his actions, he needed to impose a “fair and just” sentence.

Judge Epstein credited time served to the 18 years of incarceration, and is recommending the Bureau of Prisons (BoP) place Rhodes in a facility that has access to full mental and substance abuse resources.

Rhodes is expected to serve five years of supervised release and continue being assessed and receiving treatment for his mental health and substance abuse.

“I hope you can get some help and get on the track you want to be on,” said Judge Epstein.

Case Acquitted: Homicide Defendant Waives Right to Independently Test DNA Evidence

This case was acquitted on Nov. 15, 2023.

On Sept. 1, Michael Austin waived his right to independently test DNA evidence recovered from a homicide crime scene.

Austin, 28, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of 26-year-old Kayvon Kinney on the 1800 block of Gainesville Street, SE, on May 24, 2020.

Prosecutors alerted the court they were not planning on testing any of the evidence for DNA, as the only evidence that was recovered from the crime scene were spent shell casings.

When asked by DC Superior Court Judge Anthony Epstein if he intended to test any of the available evidence, Austin alerted the court he would be waiving his right.

Parties are expected back for a trial readiness hearing on Oct. 13.

Defendant Arraigned on First-Degree Murder Charge

On Sept. 1, Celot Carr was arraigned in a homicide case before DC Superior Court Judge Anthony Epstein.

Carr, 24, is charged with first-degree murder while armed for his alleged connection to the killing of 18-year-old Kyndall Myers on June 26, 2022, on the 800 block of Quincy Street, NW.

Prior to Carr’s arraignment, Judge Epstein alerted the parties that, through a report, doctors from the Department of Behavioral Health (DBH) notified the judge that Carr had been found competent to stand trial.

Stephen Logerfo, Carr’s defense attorney, alerted the court Carr was pleading not guilty and asserted his rights to a speedy trial.

A trial date was set for Feb. 3, 2025.

Parties are expected back before Judge Epstein on Jan. 24, 2024 for a trial readiness hearing.

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