Search Icon Search site

Search

Judge Decides to Keep Murder Suspect on Monitoring Fearing His ‘Dangerousness’

DC Superior Court Judge Maribeth Raffinan refused a request to remove a defendant’s monitoring device, saying the suspect’s alleged offense “weighs in favor of dangerousness.” 

Terrance Barnes, 33, was arrested on April 30, 2019, in connection to the murder of Barry Holmes, 57, on the 5100 block of Southern Avenue, SE on April 17, 2019. Barnes is being charged with first-degree murder while armed and possession of a firearm during a crime of violence.

In a May 23 hearing, Barnes’ attorney, Pierce Suen, said Barnes’ GPS monitoring should be removed based on “years of compliance” with his release terms.  

While the prosecutor agreed that Barnes had an exemplary release record to this point, he said Barnes allegedly killed Holmes, a flagger on a road crew, after a dispute during which Barnes went back to his house to get a firearm, then returned to the site to shoot Holmes.  

“That is a ridiculous set of circumstances,” said the prosecutor arguing against removing Barnes’ monitoring device.

Judge Raffinan agreed citing the “very serious” nature of Barnes’ alleged offense and ordered that GPS monitoring remain in place.  Further, she wanted to give Barnes more time to test negative for drugs.  

The next hearing in the case is set for Oct. 26 at 10:00 am

Trial in 5-year-old Double Homicide Case Continues Due to Appeal Motion

Following a mistrial, defense attorneys for Alphonso Walker filed a motion with the DC Court of Appeals regarding DC Superior Court Judge Rainey Brandt’s denial of their motion to dismiss indictment charges on double jeopardy grounds.

Walker, 45, is charged with two counts of first-degree murder in connection to the deaths of Dalonte Wilson, 23, and Antone Brown, 44, on the 400 block of 61st Street, NE on April 25, 2018. 

On May 11, Judge Brandt declared a mistrial after she admittedly erred in not instructing  jurors that testimony from a key prosecution witness in the double murder trial was inadmissible hearsay. 

After the mistrial, she decided not to dismiss the charges even though defense attorneys argued it would result in double jeopardy, in effect trying the defendant twice for the same crime.

They  filed an appeals motion on May 12, and the retrial cannot start until a ruling has been made on that motion. 

A status hearing was scheduled for June 23 to check the motion’s progress. 

Judge Allows Manslaughter Suspect to go on GPS Release

DC Superior Court Judge Anthony Epstein allowed Gary Denny, a manslaughter suspect, to go on supervised release during a hearing on May 22.  

Denny, 51, was originally charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 56-year-old Michael Evans on April 4, on the 600 block of 46th Place, SE. 

However, on May 19, Judge Epstein said there was probable cause that Denny committed manslaughter, noting it was still “a very serious crime.”

Denny’s attorneys previously argued that he was acting in self-defense in that Evans allegedly attacked Denny a couple of days prior to the fatal shooting. In fact, they say, Denny was trying to get away from the encounter.  Surveillance footage allegedly shows the pair struggling over a gun when Denny fired the fatal shots.

Given the circumstance, Judge Epstein allowed Denny to be released with a GPS monitor, even though the defendant had recently tested positive for PCP.  As a condition of his release, Denny will have to enroll in a drug treatment program. 

Meanwhile, arguing against release, the prosecutor read a collective victim impact statement from bereaved family members saying,” A loved one is dead because of a serious offender.”

Acknowledging that Denny faces a number of challenges, Judge Epstein said, “I hope it goes well for you; you’ve got a hard road ahead.”

Judge Epstein set a felony status conference in the case for Dec. 8 at 9:30 a.m.

Document: Homicide: 5000 Block of Benning Road, Southeast

The Metropolitan Police Department (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a fatal shooting that occurred on May 22, on the 5000 block of Benning Road, SE.

The decedent has been identified as 37-year-old Michael Ashby Jr.

Defense Attorneys says Prosecutors Twisted the Truth in Closing Argument

On May 22, Jonathan Zucker, defense attorney for Gregory Taylor, accused prosecutors of twisting the truth in a manner that would force his client to be involved in the case without his actual involvement. 

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. 

Zucker argued that during the three-month trial, no witness ever said Taylor asked someone to shoot another individual, shot someone himself, or even conspired with the other defendants to commit the crimes he’s charged with.

He also insinuated that the prosecutors pandered to the jury’s fear and potential bias to cover the lack of evidence for this case. He insisted they presented overwhelmingly violent information  and portrayed Taylor as a thug to get them to sympathize with the loss of Makiyah, even though Taylor was never involved. 

“Are they after the truth, or just a conviction?,” he said. 

Zucker also asked the jury to think of the implicit biases they may have prior to deliberations beginning, arguing that bias affects memory, and their memory is the only thing they can base their verdict on once trial has concluded. 

“The certainty with which [the prosecutors] presented their evidence should cause you concern,” he said, insisting that they have used evidence that would typically not be relevant to try to force the evidence they have to fit the crimes they are charging the defendants with. 

Due to time constraints, Zucker was unable to finish his closing arguments. 

Parties are expected back May 25.

Judge Says 18-Year-Old ‘Competent’ to Testify About Memories of Mom Missing Since 2010

DC Superior Court Judge Anthony Epstein will allow an 18-year boy to testify about events leading up to the suspected murder of his mother in 2010 even though his memories may be faded.

Issac Moye, 45, is charged with second-degree murder in connection with the disappearance and presumed death of 24-year-old Unique Harris. Harris was last seen on Oct. 10, 2010, near the 2000 block of Hartford Street, SE. Her body was never recovered.

At the request of the defense and prosecutors, Judge Epstein, in a May 22 hearing, asked the high-school senior if he could remember what happened around the time his mother went missing.

Wearing a sweatshirt bearing his mother’s picture along with another family member, the boy acknowledged that he had limited recall about what happened in 2010 when he was five-years-old.  However, he said he had some memory of being awakened by police looking for Harris, but recalled nothing of the previous night.

The issue for Epstein was not only whether the boy, who testified before a Grand Jury 12-years-ago, is competent to testify but would he be a credible witness.  Moye’s defense attorneys had argued the boy’s previous testimony was inconsistent.  

In the end Epstein said he believed the boy could recall what happened, understood the difference between truth and falsehood and appeared to be telling the truth.  

Judge Epstein pointed out tthat memory could “play tricks” in terms of the boy’s recollections of his mother.  However, he said it will be up to the jury to decide whether the 18-year-old’s statements are true. 

Much of the remainder of the proceeding dealt with a series of interviews between Moye and Metropolitan Police Department (MPD) detectives investigating Harris’ disappearance.  One lead detective, a specialist in cold cases, and a retired detective testified that Moye had been identified as a person of interest who should be questioned.

In a 2011 interrogation, Moye said he wasn’t sexually involved with Harris, but after failing a polygraph test admitted he had lied about his relationship with the woman.  Prosecutors stressed that Moye had not been coerced to testify, but defense lawyer Candace Mitchell played a portion of one of the interviews in which an officer raises his voice and pushes Moye to admit he had sex with Harris.   

The next hearing in the case is set for May 31 at 10 a.m.

Judge Sentences Individual to 12 years in Jail for Four Homicides in the 1990s

On May 19, DC Superior Court Judge Anthony Epstein sentenced a man who committed four murders in the 1990s to 12 years in jail – not enough to satisfy many grieving family members.

Carl Pinkney, also known as Michael Green, 52, was charged with first-degree murder and kidnapping for his involvement in the murders of 29-year-old Curtis Pixley, 26-year-old Keith Simmons, and 23-year-old Samantha Gilliard. The incident took place on April 23, 1991, on the 1800 block of Franklin Street, NE. According to court documents, the incident occurred after a drug deal went wrong. 

Pinkney was also charged with first-degree murder for his involvement in the fatal stabbing of 40-year-old Gregory Scott Young that occurred on July 17, 1999, at the intersection of 4th Street and Evarts Street, NE. 

Both sets of killings had gone unsolved, until 2015 and 2016, when Pinkney decided to go to the Metropolitan Police Department’s (MPD) Homicide Branch and tell them of his involvement in assisting Benito Valdez, 52, to commit the murders. 

According to prosecutors, the cases came down to a plea deal which was offered by prosecutors, that would lower the three first-degree murder charges for the killings that occurred in 1991 to voluntary manslaughter charges and would dismiss the kidnapping charges. 

For Young’s murder, the charge would be lessened to second-degree murder, and sentences for both cases would run concurrently. Prosecutors also requested the sentences be at the bottom of the sentencing guidelines, stating that, without Pinkney’s cooperation, these four murders would have gone unsolved. 

Victims’ family members gave impact statements, including Young’s only child, who stated that she continues to think of her father every day, 23 years after his death. 

“He had a heart of gold,” she said, and argued that Pinkney took advantage of her father’s weak moments as a drug addict to try to rob and kill him. 

“Because of you, I have to hear my father referred to as the decedent… My father had a name that I’ll cherish forever, and it’s Gregory Scott Young,” she scolded Pinkney. 

Several others gave statements mentioning their siblings’ murders caused their parents to die a slow and painful death due to their grieving. 

“He not only took my [sibling], he also cut my [parents’] life short,” they said.

All of the victims’ family members pleaded with the judge to give Pinkney the harshest sentence possible, arguing that he was reckless and a danger to society. 

Gemma Stevens, defense attorney for Pinkney, stated that she heard everything the family members had to say, and that Pinkney has taken full responsibility for his actions. 

“He wishes he could undo what he did, but he is unable to,” she said, arguing he feels remorse, shame and pain for his actions. 

“He is a different person from 1991 and 1999,” she insisted. 

Pinkney said he had been a victim of these crimes himself, as he was hanging around the wrong individuals who pulled him in to do things he wasn’t supposed to do. 

“I’m truly sorry for my reckless acts. I accept full responsibility for my actions,” he said. 

He said he has utilized his time in the jail to mentor young people who are facing similar charges and urge them to become better and build a support system. 

“Today I stand before you asking for forgiveness, mercy, and kindness,” he told the victims’ family members. 

Exasperated, many of them screamed out various phrases insinuating he was a liar. 

Judge Epstein stated that, although the crimes he had committed were heinous, he was only in his 20s at the time and had complied during his incarceration. 

Judge Epstein argued that Pinkney has shown remorse and taken full responsibility for his actions. 

Pinkney was sentenced to 36 years, suspending all but 12, for every charge. He is required to be on probation for 5 years after he is released, and if he violates probation or gets caught committing other crimes, the 24 years that were suspended from his sentence would be reimposed. 

He is also required to receive mental health assessments and treatment as necessary, must acquire a job, be on GPS monitoring, and register as a gun offender once he is released. 

The seven years he has been incarcerated will count towards the 12 he is required to serve, so he is expected to be incarcerated for 5 more years. 

Family members of victims stormed out of the courtroom following the sentencing, which they believed was too lenient. 

Judge Finds Probable Cause in Homicide Case

On May 19, DC Superior Court Judge Anthony Epstein found probable cause that a homicide defendant committed manslaughter. 

Gary Denny, 50, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 56-year-old Michael Evans on April 4, on the 600 block of 46th Place, SE. 

Prosecutors questioned the lead detective regarding the incident and his involvement in the investigation. 

According to court documents, officers close to the area of the incident were alerted to gunshots and drove to the location. When Metropolitan Police Department (MPD) officers arrived, they located two individuals, later identified as Denny and Evans, on the ground with Evans on top of Denny. 

In surveillance footage from the incident, Evans can be seen arriving at the scene in his vehicle, entering a building, remaining there for 13 minutes, going back to his car, and being followed out a few moments later by Denny, who was holding a gun behind his back. 

Evans was seen by his car’s gas tank, where Denny told officers he kept a gun. 

Denny allegedly followed Evans around the car a few times, before Evans got in the car and Denny walked away. 

A few minutes later, Denny is seen arriving back at the scene, where Evans was still in his car. He approached  the vehicle and allegedly pointed a gun at Evans multiple times, before Evans charged at him, throwing a him to the ground. Once on the ground, police say Denny fired a few times, and struck Evans. 

Denny got up and left the scene, trying to avoid the officer and walked towards a wooded area where he allegedly threw the gun over a fence. 

He was arrested at the scene and taken to a hospital to receive aid for injuries.

Jacqueline Cadman, Denny’s defense attorney, questioned the detective about an alleged attack that occurred two days prior to the shooting. 

According to the detective, Denny filed a police report after Evans had attacked him at the same location as the shooting two days prior. The police report stated that Denny had to be transferred to the hospital for an injured hand and a bloodshot and swollen eye following Evans, who he identified as “Money Mike”, attacking him. 

According to court documents, Denny had not threatened or tried to injure Evans prior to the incident. 

Cadman argued that there was no probable cause that Denny committed second-degree murder as there is no proof of malice in the incident, arguing he acted in self defense based on the previous attack by Evans. She argued that Denny tried to remove himself from the situation by walking away, and came back a while later to find Evans still sitting outside his apartment building. 

Prosecutors argued that Denny’s attempt to provoke a reaction out of Evans was intent to kill him and that it included malice. 

Judge Epstein said there was substantial probability that Denny was the one to fire the shot that killed Evans, but that he’s not sure if it was done in malice, so he only found probable cause for manslaughter. 

Judge Epstein requested additional time to request a pretrial report from Pretrial Services Agency (PSA) to see if Denny could be released to the community as he awaits further court proceedings. 

Parties are expected back for a felony status conference on May 22. 

Document: Vehicle Sought in a Homicide: 2200 Block of Savannah Terrace, Southeast

The Metropolitan Police Department (MPD) Homicide Branch is seeking the public’s assistance in identifying and locating a suspect-vehicle that is alleged to have been involved in a fatal shooting that occurred on May 15, on the 2200 block of Savannah Terrace, SE.

The decedent has been identified as 19-year-old Marquis Johnson.

Document: Homicide: 3400 Block of Stanton Road, Southeast

The Metropolitan Police Department (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a fatal shooting that occurred May 20, on the 3400 block of Stanton Road, SE.

The decedent has been identified as 36-year-old Little Price Jr.

Document: Correction Homicide: 4300 Block of 13th Street, Northwest

The Metropolitan Police Department (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a fatal shooting of a juvenile male that occurred on May 17, on the 4300 block of 13th Street, NW.

The decedent has been identified as 17-year-old Jefferson Luna-Perez.

Document: Homicide: 4300 Block of 13th Street, Northwest

The Metropolitan Police Department (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a fatal shooting of a juvenile male that occurred on May 17, on the 4300 block of 13th Street, NW.

The decedent has been identified as 17-year-old Jefferson Lina-Perez.

Lawyers Bicker Over Next Phase of 10-Year-Old Victim’s Murder Trial

Defense attorneys for Mark Price and Antonio Murchison told DC Superior Court Judge Robert Okun in a May 19 hearing they need more time to fight murder charges in a shooting that claimed a small child’s life.

Gregory Taylor, 27, Quentin Michals,25, Qujuan Thomas, 24, Darrise Jeffers, 23, Murchison, 22, and Marquel Cobbs, 21, are  six of ten defendants charged with first-degree murder, criminal street gang affiliation, conspiracy, possession of a firearm during a crime of violence, assault, 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.

Prosecutors say Murchison, his older brother Antonio, 26, Thomas, and Taylor all got into a car driven by Mark Price, 29, and went to the spot where they injured four and killed Makiyah.

Even though the trial of the first six defendants is still in final arguments, prosecutors say they want to move ahead with the next phase against Price and Isiah Murchison as co-conspirators facing many of the same charges.  

Meanwhile, defense lawyers say they need more to review the massive amount of transcripted material generated by the lengthy litigation.

“We’ve done it all.  We’re ready to go,” one of the prosecutors told Judge Okun, complaining that “delay is unfair to the government.”

Judge Okun said that each side has legitimate concerns, but he’s not inclined to continue the matter until the fall.  However, he set a hearing for May 25 at 9:30 a.m. in an effort to resolve the issue.