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Charge Updated to First-Degree Murder in 2021 Homicide

On June 7, DC Superior Court Judge Michael O’Keefe ordered that a homicide defendant be taken into custody due to an updated indictment and continuous violations of release conditions. 

Bernard Matthews, 43, originally accused of second-degree murder, is now charged with first-degree murder while armed and unlawful possession of a firearm for his alleged involvement in the shooting of 22-year-old Diamonte Green on the 300 block of 33rd Street, SW, on February 16, 2021. 

According to court documents, Green suffered eight gunshot wounds and was pronounced dead on the scene after allegedly threatening a relative of Matthews. 

A DC Pretrial Services Agency representative appeared on camera to recount Matthews’ alleged frequent violations of his release conditions. 

Agency records show the defendant failed to abide by his release conditions almost daily, with the most recent infraction being June 5.  That includes “masking” his electronic GPS monitor in order to prevent it from tracking his location. 

The prosecution asked for Matthews’ removal from supervised release, given his charges had been upgraded to first-degree murder and he had already received a warning regarding noncompliance in his previous hearing. 

Defense attorney Andrew Ain protested the change, arguing that Matthews had “complied for a period of time” and was violating the conditions in order to work and help members of the community. 

Ain further stated that “The court’s requirements of [Matthews] are not the only requirements in his life.” 

Judge O’Keefe rejected the argument and ordered Matthews be taken into custody. 

The next hearing is scheduled for September 15, 2023.

Defendant in Child Murder Case Pleads Not Guilty 

On June 6, a murder defendant pleaded not guilty in the shooting of a small child.

JD Wheeler, 23 was indicted on second-degree murder, first-degree cruelty to children, second-degree cruelty to children, carrying a pistol without license, possession of an unregistered firearm, unlawful possession of ammunition, tampering with physical evidence and contempt of court in connection to the shooting of 23-month-old Legend King Wheeler on the 2300 block of Chester Street, SE on Nov. 24, 2021. 

According to court documents Metropolitan Police Department (MPD) officers found the child unconscious suffering from what a 911 caller described as an accidental, self-inflicted gunshot wound. Investigators said the fatal bullet allegedly came from Wheeler’s firearm. The victim was pronounced dead at the scene.

DC Superior Court Judge Robert Okun set the next hearing date for Oct. 13. 

Document: Homicide: 4700 Block of South Capitol Street, Southeast

The Metropolitan Police Department (MPD) Homicide Branch are seeking the public’s assistance in the investigation of a fatal shooting that occurred on June 6 on the 4700 block of South Capitol Street, SE.

The decedent has been identified as 29-year-old Joshua White.

Parties give opening statements in Disappearance, Homicide Case

On June 6, attorneys presented their opening statements and began introducing evidence in a homicide case going back to 2010.

Issac Moye, 45, is charged with second-degree murder for his alleged 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. While her body was never recovered, an investigation conducted by the Metropolitan Police Department (MPD) made Moye the primary suspect.

The prosecutors opened saying there is a, “Missing girl in DC, only she’s not missing; she’s gone.”  And even if the defense suggests “no body, no crime,” the victim has been legally declared dead.

Meanwhile, defense attorney, Jason Tulley, opened saying the investigation failed to show credible proof, in particular overlooking suspects who were not properly investigated. Further, the “government is gambling with Moye’s life.”

“Investigation of this case was doomed from the very start,” said Tulley.

Prosecutors asked the victim’s sister about Harris’s life and involvement with her children. The witness also discussed her efforts to locate her sister. She then identified the contents of her sister’s purse that were left at the scene. Harris’s disappearance was described as an unusual circumstance and that she would not have left her children behind.

During cross examination, Tulley asked the victim’s sister why there were no signs of struggle when she arrived.  The witness made it clear that the scene was not comparable to the way her sister lived.

The prosecution then called a former Metropolitan Police Department (MPD) detective assigned to the case who testified about the procedures that officers follow when investigating missing persons. 

During her investigation she said she met with potential suspects and began to eliminate them based on evidence found at the scene. The former detective discussed her interview with Moye conducted in 2011 and the prosecution presented video of the session.  Moye indicated he was interested in finding Harris.

The former officer also discussed the early stages of the investigation and a couch cushion with a tear recovered from the scene that became part of the evidence. 


The trial is slated to resume before DC Superior Court Judge Anthony Epstein on June 7

Document: Homicide: 3900 Block of 4th Street, Southeast

The Metropolitan Police Department’s (MPD) Arson Task Force is investigating a homicide that occurred on May 29 on the 3900 block of 4th Street, SE.

According to MPD documents, officers responded to the listed location for the report of an assault with a person on fire, where they located an adult male and female victim suffering from thermal injuries which were sustained inside of a vehicle. The adult male was transported to a local hospital for the treatment of life-threatening injuries, and the adult female victim was transported for the treatment of non-life-threatening injuries. Two juveniles were present at the incident, but sustained no injuries.

The MPD’s investigation revealed the suspect approached the occupied car, doused it with flammable liquid and set it on fire. The suspect was apprehended by MPD at the scene.

On June 1, the adult male victim succumbed to his injuries. The Office of the Medical Examiner determined the cause of death complications from thermal injuries and the manner a homicide.

The victim was identified as 64-year-old Derek Hamilton.

On May 29, a 49-year-old woman was arrested and charged with assault with intent to kill. MPD is working with the United States Attorney’s Office to upgrade the charges.

Document: Arrest Made in an Assault with Intent to Kill (Gun) Offense: 800 Block of 7th Street, Northwest

The Metropolitan Police Department (MPD) has arrested and charged 26-year-old Tyshay Moore with assault with intent to kill, possession of an unregistered firearm, and possession of a large capacity ammunition feeding device for her alleged involvement in a non-fatal shooting that occurred on May 10, on the 800 block of 7th Street, NW.

The incident left an individual suffering from non-life threatening injuries.

Document: Traffic Fatality: I-395 South near Maine Avenue, Southwest

The Metropolitan Police Department’s (MPD) Major Crash Unit is seeking the public’s assistance in the investigation of a traffic fatality that occurred on June 4, on the I-395 South near Maine Avenue, SW.

According to MPD documents, a vehicle crashed over a wall in an overpass and landed on a vehicle traveling southbound on I-395.

The decedent was identified as 28-year-old Van Thomas Lee of Pittsburgh, PA.

Prosecutors Attempt to Link Messages to Shooting Suspect

On June 5, prosecutors continued their case in Joshua Hemphill’s trial in connection with a non-fatal shooting.

Hemphill, 33, is charged with 58 separate offenses involving a non-fatal shooting that took place on September 21, 2018, on the 2400 block of Wagner Place SE. The charges include assault with intent to kill, possession of a firearm, obstruction of justice, burglary, destruction of property, and threat to kidnap or injure. 

Of the two victims, one was uninjured while the other received gunshot wounds to the back of the left hand and the back of the head but survived.

The prosecution witnesses included a forensic scientist, an FBI agent, a Metropolitan Police Department (MPD) detective, a firearms expert, and representatives from T-Mobile and Meta Inc. Those two companies allegedly had communications’ records between the defendant and one of the victims.

To build its argument, the prosecution introduced data, including text messages between an unknown number and one from one of the victim’s phones. 

The prosecution claimed that Hemphill used a third-party messaging app to change his phone number and contact one of the victims. These messages were allegedly harassing and contained threats. 

Defense counsel objected to these messages being admitted since they say there’s no evidence that Hemphill changed his phone number which meant it could not be authenticated.

After reviewing the data, it was determined that the victim identified the defendant by name in the text messages which led DC Superior Court Judge Lynn Leibovitz to admit the messages into evidence with certain portions redacted.

The trial is set to continue on June 6.

Court Grants No Contact Order After After Investigators Contact Children

On June 6, 2023, DC Superior Court Judge Marisa J Demeo agreed to appoint conflict-free legal counsel and issued a no contact order in a 2023 homicide case. 

Charles W Terry, 58, is charged with second-degree murder for his alleged involvement in the deadly beating of 39-year-old Lennette Clark. The incident occurred on Jan. 30, on the 1500 Block of Anacostia Avenue, NE. 

During the hearing, the prosecution raised concerns about the actions of the defense’s investigation team. One of their investigators allegedly visited the home of a witness on April 26, 2023, with the intention of interviewing two child witnesses. 

An adult witness asked if this was necessary. After being informed that they were not obligated to cooperate, the witness instructed the investigator to leave and refrain from contacting the underaged witnesses.

However, two weeks later, the same investigator from the defense team’s investigation unit allegedly went to the children’s schools; The investigator proceeded to remove the children from their classes in order to conduct interviews. 

The prosecution says this is an ethical issue since the witnesses are children, raising questions about the voluntary nature of any statements they might provide. 

The prosecution argued that the investigator failed to provide proper identification to school officials and did not disclose her affiliation with any organization. 

Furthermore, the interviews allegedly took place in a private room with only the children and the investigator present, which the prosecution deemed unethical given the witnesses are only 13-years-old and 8-years-old.

The lack of a parent or guardian during the interviews was also emphasized, and the prosecution pointed out that the investigator intentionally chose to visit schools when their guardian would not be present to deny permission for the interviews.

The defense countered the prosecution’s claims by asserting that the investigator did indeed provide valid identification and clearly disclosed their affiliation to both school officials and the witnesses themselves. 

The investigator explicitly stated that they were acting on behalf of defense attorney Jospeh Yarbough, who is representing Terry. 

The defense further contended that the interviews conducted with the witnesses were justified as they had the right to investigate on behalf of the defendant. 

Considering that both children were allegedly present at the scene, they could have crucial information and are essential witnesses. The 13-year-old was the only individual who provided a written statement during the interview with the investigator.

After hearing from both parties, Judge Demeo said, “Juvenile status is a factor that needs to be considered” and discussed the ethical considerations. 

Both parties agreed that the investigator spoke with them alone with no adult present. However, there is a disagreement as to how the interviews played out. 

Judge Demeo said that if their guardian or the government grants permission, the defense may proceed with conducting interviews with the underaged witnesses. 

The judge highlighted that this ethical concern could potentially harm the defense team during the trial, consequently impacting the defendant’s rights. 

In light of this, Judge Demeo acknowledged the defendant’s entitlement to seek alternative counsel.

The motions hearing will reconvene on July 6, following the defendant’s consultation with a different attorney.

Judge Says ‘No’ to Ending Probation in Non-Fatal Shooting Case

On June 6, Erie English‘s effort to end probation was denied by DC Superior Court Judge Jason Park based on an alleged violation of his release terms. 

English, 45, was originally charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and carrying a pistol outside the home for his alleged involvement in a non-fatal shooting that occurred on July 31, 2021 on the unit block of N Street, SE.

According to court documents, witnesses identified English as the shooter. 

He subsequently pleaded guilty to one count of assault with a dangerous weapon and one count unlawful possession of a firearm. 

On April 25, following a reported violation to appear for a court proceeding while on probation, a bench warrant was issued by Judge Park. English was later detained in Maryland. 

Judge Park ordered continued monitoring by the Court Services and Offender Supervision Agency (CSOSA). Defense counsel for English, Stephen Logerfo, did not challenge the finding. 

Maryland court officials will determine next steps in the case.

Prosecution Witnesses Build Evidence in 2013 Homicide Case

On June 5, prosecutors introduced four witnesses who offered different perspectives of a 2013 murder case.

Victor Coley, 60, is charged with first-degree murder while armed premeditated, assault with intent to kill, aggravated assault knowingly while armed, possession of a firearm during a crime of violence for his alleged involvement in a shooting that left four individuals injured on Nov. 6, 2013, on the 3900 block of Minnesota Avenue, NE. 

On Dec. 3, 2021, 65-year-old Dennis Foster, one of the victims from the shooting, succumbed to his injuries some eight years later. 

The prosecution’s first witness, a retired police officer, arrived at the scene shortly after receiving a radio call about the shootings. He explained his role in securing evidence and how he helped arrest the suspect. 

When the officer was questioned about his arrival on scene he replied, “It was chaos.” 

A crime scene technician recalled being dispatched to the Washington Hospital Center to collect evidence from an elderly victim who sustained a gunshot wound on her right leg.

Prosecutors presented photographs of the victim in the hospital and her bloody jeans which are still stained on the right side some eight years after she was shot.

Prosecutors then questioned a crime scene investigator who showed diagrams of the scene and physical evidence collected including firearms and used shell casings.

The final prosecution witness was an expert in firearms and bullet markings analysis. He compared shell casings recovered at the scene to test firings of guns allegedly used in the shootings.

The expert explained that similar characteristics were found after a microscopic examination of the shell casings in the test firing and the firearms found at the scene.

Meanwhile, defense attorneys questioned the validity of the evidence over concerns about alleged mishandling of items and the thoroughness of testing. 

Defense lawyers also targeted the credibility of the firearms expert saying his testimony was paid for by the prosecution.

The trial is slated to resume before D.C. Superior Court Judge Michael Ryan on June 6.

Homicide Defendant interrupts Judge in Mental Competency Hearing

On June 6, DC Superior Court Judge Michael O’Keefe ordered an additional mental competency exam for murder defendant Darryl Tompkins. 

Tompkins, also known as Daryl Thompson, 34, is charged with first-degree murder while armed for his alleged roles in the deaths of Edward Roberts Jr. and Tyler McEachern. Roberts, 29, was fatally shot on the 3500 block of 14th Street, NW, on July 30, 2016. McEarchern, 23, was killed on the 3100 block of Buena Vista Terrace, SE, on Aug. 29, 2016.

Judge O’Keefe granted the prosecution’s request for additional mental tests without objection from the defense. Tompkins’s last mental observation hearing occurred on Nov. 24, 2021, when the court declined to make an assessment.

The hearing before Judge O’Keefe began with only one of the defendant’s attorneys present, Pierce Suen. 

Then Tompkins appeared agitated that his other attorney, Dana D. Page, wasn’t in the courtroom and repeatedly asked the judge stop the hearing until she could be present. Page ultimately did appear.

Tompkins frequently interrupted Judge O’Keefe as well his own defense attorneys, until he was given time to speak freely at the end of the hearing. 

Tompkins stated the court was denying his consititutional rights, and that the judiciary system has become too powerful.

He then presented a loosely held together 65-page document, which Judge O’Keefe urged him to offer through his lawyers. However, Tompkins insisted on handing out the material, ultimately giving hard copies to both the prosecution and the court clerk. 

Parties are expected back in court Sept. 8 to discuss the results of the pending evaluation.  

Judge Modifies Shooting Defendant’s Release Conditions 

On June 6, DC Superior Court Judge Maribeth Raffinan changed release conditions for a non-fatal shooting defendant.

Cedric Brockington, 17, is charged with assault with intent to kill while armed, assault with intent to commit any other offense while armed, and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred Nov. 10, 2022, on the 1200 block of 5th Street, NW. The victim did not sustain non-life threatening injuries. 

Joseph Yarbough, Brockington’s defense attorney, requested less restrictive release conditions for his client.

Yarbough highlighted Brockington’s record of negative drug testing results and his active participation in school programs since his release on Nov.29, 2022. 

The prosecutor opposed the motion over concerns about the defendant’s potential threat to the community.  

Prosecutors also said the ongoing investigation would require two or three witnesses, and preparations in the case would continue until mid-July. 

Judge Raffinan ruled on lifting drug testing requirements for Brockington while supporting him in education and employment programs under home surveillance. 

The next hearing is scheduled for July 19, to revisit release conditions.