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Judge Imposes Stiff Sentence for Shooter Asking, ‘When Will it Stop? Ever?’

DC Superior Court Judge Erik Christian went beyond the prosecution’s recommendations in passing sentence on Kelvin Brevard who, according to court documents, opened fire near a busy bus stop. 

Brevard, 23, is charged with assault with a dangerous weapon during a crime of violence and unlawful possession of a firearm with a past conviction in connection with an incident that occurred on the 3900 block of Minnesota Avenue, NE on Oct. 13, 2022.  

Brevard originally said the shooting was in self-defense but later pleaded guilty to all charges.  Metropolitan Police Department (MPD) officers allegedly recovered five shell casings from a storefront window and ten shell casings around the bus stop after the shooting.  Brevard was critically wounded in the exchange of gunfire from an unknown assailant. 

In a sentencing hearing on May 26, Brevard’s attorney Thecle Bethel asked the judge to put Brevard on probation because he was trying to get away from “people who were gunning for him” in the halfway house where he lived.  

Bethel told the judge Brevard suffers from PTSD because he’d been shot 26 times in violent encounters.  Brevard said he nearly died on the operating room table twice.

Unmoved, Judge Christian asked Brevard if he kept the people at the bus stop in mind during the attack. “People were fleeing…When does it stop, ever?” said Judge Christian.  

Brevard said he did try to avoid shooting anyone to which Judge Christian replied, “By the grace of God” no bystanders were injured.  “I don’t get the mentality,” he said.

The prosecutor said Brevard’s case is an example of the perplexing increase in gun violence in the District of Columbia which is at a twenty-year high.  His sentencing recommendation was 42 months on the assault with a deadly weapons charge and 36 months on the illegal possession complaint.

However, Judge Christian went beyond that, sentencing Brevard to 72 months on the assault charge and 42 months on the weapons violations, both terms to be served consecutively.  

After the hearing Bethel told DC Witness that the outcome was no surprise given Brevard’s history.  “He felt it was his karma,” she said.

Questions of Juror Misconduct Continue in Two-Defendant Murder Case

On May 25, DC Superior Court Judge Maribeth Raffinan heard testimony from a witness and a juror regarding their personal relationships and ties to two murder defendants. The juror found them guilty of all charges, but there are concerns she may have been biased against the suspects.

Robert Moses, 24, and James Mayfield, 23, were found guilty in December 2022 of conspiracy while armed, first-degree murder while armed, two counts of assault with intent to kill, and one count of assault with intent to kill while armed when the victim was especially vulnerable due to age, among other charges. These charges were in connection with a shooting that took place on Aug. 10, 2017, on the 1400 block of Montana Avenue, NE, which led to the death of 17-year-old Jamahri Sydnor. 

On April 7, attorneys questioned a witness about his friendship with the defendants and his romantic relationship with the juror, who is alleged to have committed misconduct due to her  knowing the defendants in high school. 

The witness, who is charged with first-degree murder for his alleged involvement in the fatal shooting of 23-year-old Rafiq Hawkins on March 23, 2019, stated he and the juror were seeing each other before his arrest. 

During one of their conversations, he alleges, they discussed Moses and his arrest for the murder of Sydnor. 

According to the witness, the juror said that if someone was arrested for something they were definitely guilty. 

Four years later, she served on the jury for Sydnor’s murder, and was part of the 12 jurors that deliberated and found Moses and Mayfield guilty of all charges. 

Judge Maribeth Raffinan questioned her regarding her high school education, the year she graduated, and the people she knew at Washington Math Science Technology (WMST) High School. 

According to the juror, she never knew or interacted with Moses or Mayfield, and her relationship with the witness was never more than “friend of a friend”. 

She said that, prior to being picked as a juror in this trial, she had heard of the case as it had a lot of media coverage, but insisted she never discussed the case or the defendants with anyone. 

A hearing was scheduled for July 12 to determine next steps in the case.

Document: Homicide: 100 Block of Forrester Street, Southwest

The Metropolitan Police Department (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a fatal-shooting that occurred on May 25 on the 100 block of Forrester Street, SW.

The decedent has been identified as 19-year-old Adrian Burgess.

Defense Attorneys for Four of Six Defendants Present Closing Arguments in 10-Year-Old’s Homicide Trial

On May 23, defense attorneys for four of six defendants in a homicide and conspiracy trial presented their closing arguments. 

Gregory Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 23, and Marquell Cobbs, 21, are six of 10 defendants charged with first-degree murder, criminal street gang affiliation, conspiracy, possession of a firearm during a crime of violence, assault with intent to kill, and other charges regarding a fatal drive-by shooting that resulted in 10-year-old Makiyah Wilson’s death. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018. 

Defense attorneys for Taylor, Cobbs, Thomas and Jeffers made their final plea to the jury on their clients’ behalf.

“I hope you have the wisdom, strength, and integrity to give a fair verdict,” Jonathan Zucker, Taylor’s defense attorney, told the jury. 

“Six young men’s fates will be put in your hands… I ask that you also give justice to the accused,” he continued. 

Kevin McCants, defense attorney for Cobbs, argued that Cobbs’ only involvement in the case was being contacted by the alleged driver of the black Infiniti on the day of the shooting asking him to get Michals to call him, and relaying that message. 

“[Cobbs] is being wrongfully accused, and overly prosecuted,” said McCants. 

Like other defense attorneys, Julie Swaney, Thomas’ attorney, argued that the prosecutors’ theory for this case does not make any sense, stating that there are way too many missing pieces in their arguments. 

She insisted that Thomas’ way of portraying himself on social media was merely a persona he was trying to create, and there is no evidence that proves the way he acted online is the way he conducted himself in real life. 

“Having conflict with someone online doesn’t always turn into real life violence,” she stated. 

According to Swaney, the prosecutors want to scare the jury by showing them things that would typically not happen in their neighborhoods but may be more likely in neighborhoods like Wellington Park, Clay Terrace, Potomac Gardens, and other neighborhoods classified as dangerous in the city. The shooting took place in Clay Terrace.

She argued that the prosecutors lumped Thomas in with everyone else to facilitate their ability to connect all the evidence. 

“[The prosecutors] need you to make leaps of logic,” she argued. 

Separately, Joseph Caleb and Phil Andonian, defense attorneys for Jeffers, argued that the jury’s perspective of the evidence is what’s most important for their final decision. 

According to Caleb, the Wellington Park neighborhood may not be like any of the juror’s neighborhoods, and that they may not understand or like what goes on in Wellington Park, but that doesn’t mean that things that happen in that neighborhood are wrong. 

Caleb argued that Jeffers became involved in conversations to purchase guns for the community, which prosecutors claim is part of a conspiracy, when one of his friends, 16-year-old Myangelo Starnes, was murdered in the Wellington Park neighborhood in September of 2017. 

“These men were trying to stay safe and stay alive,” he argued, insisting that they purchased guns to prevent themselves from ending up like Starnes. 

All defense attorneys asked the jury to return a verdict of not guilty for their clients, stating that there is no concrete evidence that proves any of the defendants’ involvement in the charges brought against them. 

Due to time constraints, defense attorneys for Jeffers were unable to conclude their closing arguments. 

Parties are expected back May 25.

Victim’s Sister Testifies Against Her Cousin In Lewkus Turner Murder Trial

Prosecutors brought the victim’s sister to the witness stand to testify against her cousin, Lewkus Turner, who is charged with killing Vincent Gyamfi in a family dispute.

Turner, 29, is accused of second-degree murder for allegedly shooting Gyamfi, 26, on Dec. 11, 2020, on the 2900 block of S Street, SE.  

Turner and Gyamfi were cousins in an extended family. The pair was “extremely close” and saw each other almost daily, according to Gyamfi’s sister who’s also Turner’s cousin.  Her aunt is Lewkus’ mother.

In the May 24 proceeding before DC Superior Court Judge Maribeth Raffinan, prosecutors questioned Gyamfi’s sister about his state of mind before he confronted Turner on the day of the shooting.

She disputed the idea Gyamfi intended to attack Turner based on three phone calls she heard relating to a negative Instagram post Turner made about another family member who had COVID.  

The sister said that while Gyamfi was “irritated,” and “flustered” with the idea that somehow he might have been involved in the post, he didn’t raise his voice and wasn’t angry with Turner.  

In the final call, Gyamfi’s sister said he was, “Going to holler at Lewkus.”

In opening arguments on May 23, defense lawyer Michelle Stevens said the evidence showed that Gyamfi, not Turner, was the aggressor and that the defendant moved away and acted in self-defense.  “Vinnie just kept coming,” Stevens repeated to the jury.

The defense previously said that Gyamfi was known to carry a gun, but his sister denied it.

Under cross-examination, Gyamfi’s sister admitted she told a detective after the shooting that Turner and Gyamfi would fight physically all the time but that Turner would always lose.

Earlier a DC forensics expert said she analyzed a white Chevrolet Suburban, the vehicle the prosecution says Turner was driving at the time of the shooting.  She said she was able to retrieve fingerprints, DNA samples and locate a shell casing wedged into a seat.  In addition, she said there were blood stains on the floorboard and on a tire. 

Prosecutors also say that a white Chevy Suburban was rented a few days before the killings and its location was tracked by a telematics system which was recovered as evidence.  

The prosecution will continue presenting its case on May 30.

Judge Denies Murder Suspect’s Release Even Though Defense Says, ‘He’s Changed’

Defense lawyer Christen Philips pleaded before DC Superior Court Judge Robert Okun in a May 25 hearing that a suspect in a murder caught on surveillance video should be released while awaiting trial.

Malachi McFarland, 23, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting Kerry Odoms, 29, on April 15, 2021, on the 3300 block of 10th Place, SE. 

Philips said that McFarland had “changed in himself,” by becoming an “inquisitive student,” and wanting to continue taking online courses at Georgetown University.  Many of McFarland’s family members were in the courtroom, indicating, as Philips said, that he has a strong support network and is on the path to rehabilitation.

Prosecutors argued exactly the opposite.  They said whatever changes may have come over McFarland they don’t outweigh his dangerousness and the “overwhelming evidence” against him.  To support their argument they played surveillance video allegedly showing McFarland shooting Odoms. 

According to a Metropolitan Police Department (MPD) report of the incident, “[McFarland] walked over to the decedent, produced a handgun and fired multiple times toward the decedent at close range.” 

In addition, the prosecution says McFarland was convicted of a prior firearms violation. 

Judge Okun agreed with the prosecution saying that even though McFarland had done well in jail, the evidence weighed “heavily, heavily in favor of detention.’

A trial readiness hearing is scheduled for Nov. 3 at 9:30 a.m. 

Document: Arrest Made in Assault with a Dangerous Weapon (Gun) Offenses in the Seventh District

The Metropolitan Police Department (MPD) has arrested and charged 18-year-old Byron Matthews with assault with a dangerous weapon and carrying a pistol without a license for his alleged involvement in two non-fatal shootings that occurred on April 21 on the 500 block of Lebaum Street, SE and the 2900 block of 2nd Street, SE.

According to MPD documents, one adult male and one juvenile female were injured in both shootings.

Defense Lawyer Says Shooting Victim ‘Just Kept Coming’ in Murder Trial Opening

In her opening argument, defense attorney Gemma Stevens told jurors that Vincent Gyamfi “just kept coming” after Lewkus Turner in a family squabble that ultimately proved deadly.

Turner, 29, is accused of second-degree murder for allegedly shooting 26-year-old Gyamfi on Dec. 11, 2020, on the 2900 block of S Street, SE.

On the first day of trial, Stevens said that Turner was known to hang out near that intersection and when Gyamfi arrived late in the afternoon he angrily confronted Turner who was parked in his car.  According to the defense, Turner moved several times in the next few minutes but Gyamfi insisted on pursuing him. 

Finally, Stevens said Gyamfi ripped open the door of Turner’s car and during the struggle shots were fired.  She argued the shooting was accidental and in self-defense pointing out that at that time Turner was only 110-pounds while Gyamfi weighed 255-pounds.

Prosecutors, meanwhile, painted a very different picture.  In their version, Turner intentionally shot Gyami three times, and a recording of the gunfire was played to the jury.  Prosecutors say Turner “took Vinnie’s life.” 

Gyamfi and Turner were cousins, but the prosecution argued they were more like brothers until Turner made an on-line post warning about a family member with COVID.  What followed, say prosecutors, were “three separate arguments” around the intersection of 29th and S Streets, SE.  After the shooting, Turner allegedly dragged Gyamfi’s body away from his car.  

Prosecutors also say a witness friendly with both the victim and the suspect pulled a gun out of Gyamfi’s pocket after the shooting.  However, the defense points out that Gyamfi was known to carry a gun. 

The series of events was captured on police CCTV cameras. However, a complete set of the videos was not delivered to Turner’s defense team until just before the trial–close to three years after the crime.  His lawyers felt the material could help exonerate their client and asked for a mistrial with prejudice and that Turner be released..

On May 16, DC Superior Court Judge Maribeth Raffinan said the prosecution’s actions amounted to “gross negligence,” but would allow the trial to take place with special instructions to the jury about how to interpret the set of videos. 

The prosecution’s first witness was a Metropolitan Police Department (MDP) officer first on the scene of the shooting who said he saw several people around Gyamfi’s lifeless body.  The officer confirmed there were no firearms on the victim.

Under cross examination from defense lawyer, Jason Clark, the officer admitted he was unable to identify as many as seven people who were gathered at the intersection around the time of the shooting.

The prosecution is expected to continue its case on May 25.

Arguments in Trial for Murder of 10-Year-Old Makiyah Wilson Conclude 

On May 24, the trial for the murder of 10-year-old Makiyah Wilson came to a close following more arguments from the defense and prosecutors’ rebuttal. 

Gregory Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 23, and Marquell Cobbs, 21, are six of 10 defendants charged with first-degree murder, criminal street gang affiliation, conspiracy, possession of a firearm during a crime of violence, assault with intent to kill, and other charges regarding a fatal drive-by shooting that resulted in Wilson’s death. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018. 

Phil Andonian, defense attorney for Jeffers, argued that prosecutors failed to meet the burden of proof beyond a reasonable doubt that Jeffers was guilty. 

“When considering the evidence, you don’t look at it through the lens of guilt that the [prosecutors] are asking you to use, but rather through the lens of innocence,” he said. 

Andonian argued that, because Jeffers was seen in the Wellington Park neighborhood at the time of the shooting, there is no reason why the jury should find him guilty of first-degree murder. 

As to Jeffers’ possessing guns, Andonian argued that it was a necessity, as Jeffers feared for his safety because he’d been in dangerous situations.

“It’s an unfortunate reality for Jeffers,” he stated, proclaiming that Jeffers’ goal was to protect himself if need be. 

“The only verdict consistent with justice that the law demands is not guilty,” he insisted. 

In their rebuttal, prosecutors argued that the evidence provided to the jury throughout the long and emotional trial proved each defendant was guilty of conspiring and committing the murder, whether they were the shooters or aiders and abetters. 

Prosecutors delved into each defendants’s actions that led to the charges. 

They argued that Thomas had identified the shooters during a phone call with 23-year-old Quincy Garvin. 

According to prosecutors, Thomas and Garvin had two phone calls on July 19 and 20, 2018 regarding the shooting at the Clay Terrace neighborhood. These phone calls were recorded while Garvin was incarcerated for another murder under DC Jail policy. 

During one of these phone calls, Garvin allegedly asked Thomas, in code, who had been in the vehicle and Thomas identified Isaiah and Antonio Murchison, 30, Taylor, and himself as the shooters. 

In another phone call, prosecutors said, Garvin told Thomas the vehicle allegedly used in the shooting had been located, and Thomas told him not to worry because gloves were used in an effort to remove any evidence.  

Prosecutors also argued that cell phone tower signals connected Michals’ and Thomas’ phones to the area where the suspect-vehicle was disposed on the night of the murder. 

“It is not your job to save these defendants’ lives–they made their decisions,” the prosecution argued. 

 “Hold us to our burden of proof and hold your oath as jurors,” said prosecutors to the jury.

“We’re asking you to convict them because they’re the ones who did it. It is time to hold them accountable,” they insisted. 

Jury deliberations are slated to begin May 25 and last for a few weeks. 

Judge Lifts Curfew for Suspect Accused of Shooting at Police

DC Superior Court Judge Maribeth Raffinan lifted a curfew for a man accused of shooting at police.

Delvin Pollard, 29, is charged with assault to kill while armed, possession of a gun during a crime of violence and assault with a dangerous weapon in connection with an incident that occurred on Dec. 12, 2019 on the 300 block of Hawaii Avenue, NE.

According to court documents, Pollard fired several shots at two Metropolitan Police Department (MPD) officers while they were entering their squad car.  No one was hurt in the shooting, but bullet fragments were found lodged in the front of the vehicle.  Pollard was later arrested near the scene.

In a May 24 hearing, before Judge Raffinan, Pollard’s attorney, Mani Golzari, says his client has done very well, even “better than expected” on supervised release while wearing a GPS monitoring device.  

Golzari also said that Pollard has been working on mental health issues by attending weekly sessions at the Free Minds Book Club & Writing Workshop.  The Washington, DC based organization helps young inmates achieve career and life goals by developing their literacy skills.

The logic behind lifting the curfew, said Golzari, is that Pollard wants to work, and he needs to be available beyond the court imposed limit of 8 p.m. to 10 a.m.

Judge Raffinan agreed that Pollard has complied with his release terms since October 2022, and that he has support structures in place.  However, in lifting the curfew, Judge Raffinan warned Pollard can only work extended hours as long as he stays in compliance with court terms.  

A motions hearing in the case is set for April 19, 2024.