Judge Finds Probable Cause in ‘Street-Brawl’ Homicide Case

On Aug. 17, DC Superior Court Judge Rainey Brandt ruled that the prosecutor’s evidence reached the minimum requirements for probable cause in a June homicide case.

David Pena, 46, is charged with second-degree murder while armed for his alleged involvement in the shooting of 24-year-old Maurice Robinson that occurred on June 12, on the 2900 block of Southern Avenue, SE. Robinson succumbed to his injuries on June 13 at a local hospital.

According to documents from the Metropolitan Police Department (MPD), which were adopted as testimony by a detective in an Aug. 16 hearing, the shooting was a result of a “street-brawl” that ensued when one group showed up at the crime scene allegedly looking to start a fight with Pena’s family member. The two groups were seen fighting one another.

Surveillance footage shows that, as the fight begins to subside, Pena shoots at Robinson 5 times, causing four injuries to Robinson’s back. According to a report from the medical examiner, the shots severely damaged Robinson’s aorta, trachea, and esophagus.

After taking time to review surveillance footage of the incident, Judge Brandt argued that since several eyewitnesses identified Pena as the shooter, the evidence established probable cause that Pena pulled the trigger, killing Robinson.

“The defendant personified the saying ‘you do not bring a knife to a gunfight,” said Judge Brandt. “The defendant brought a gun to a fist fight, and, unfortunately, Maurice Robinson died because of it,” she continued.

In the Aug. 16 hearing, Dana Page, Pena’s defense attorney, contended that Pena was defending himself and his daughter from the group that showed up to fight her.

“Evidence does not support that [Pena] was defending anyone… Robinson was moving away from Pena when he shot,” Judge Brandt insisted.

“This was a very odd way to solve one’s differences,” Judge Brandt stated.

Following Judge Brandt’s ruling, the defense requested Pena be released waiting for a resolution of the case, arguing that he has a good job, put a roof over his head, and had support from family, friends, and individuals in the community.

Counsel for Pena argued that “[Pena] was responding and reacting” to the situation that put his daughter at risk when the group showed up to fight her. “This is not something he set out to do,” Page insisted.

Page went on to explain that Pena is concerned about his family’s safety and well-being, especially because the apartment where his daughter lives was set on fire a day after the shooting. MPD is still investigating that incident.

Prosecutors opposed the motion for release, arguing that “Pena should’ve known better than to take a gun to a fist fight”.

Prosecutors also mentioned that Pena has two prior gun possession convictions that prohibited him from being able to possess any firearms. They also asserted the murder weapon has not yet been recovered, and expressed concern that, if Pena was released, he would still have access to the firearm.

“He is still a danger to the community,” prosecutors insisted. They maintained that there is no condition or combination of conditions that would guarantee the community’s safety if Pena is released.

Judge Brandt denied the release motion, stating “you would think he would have learned his lesson with the two possession convictions”.

“This could have easily turned into a multi-homicide case. It was reckless, totally reckless. Brazen,” she proclaimed.

Judge Brandt worried about the consequences, should he be released. “I’m concerned someone will retaliate, or he can do something else in order to protect his family,” she stated.

“There is no condition, or combination of conditions, that can reasonably assure [Pena] won’t be a danger to the community,” she said.

Parties are expected back Dec. 4 to check on the progress of indictment.

Judge Accepts Prosecutor’s Request to Dismiss 2017 Homicide Case Without Prejudice

On Aug. 17, DC Superior Court Judge Maribeth Raffinan dismissed a 2017 homicide case without prejudice following a request from the prosecution.

Jordan Smith, 36, was charged with first-degree murder while armed and two firearm offenses for his alleged involvement in the shooting death of 42-year-old Yashika Green on March 1, 2017, on the 200 block of Wayne Place, SE. Green succumbed to her injuries on July 21 of the same year.

Smith was held at DC Jail from November 2017 until August 2019 when a judge agreed to release him. He has been under the supervision of Pretrial Services (PSA) since then.

The prosecution said that upon reviewing the evidence in this case, they would like the indictment to be dismissed.

The defense requested the case be dismissed with prejudice, meaning it would be permanently dismissed and could not be reopened. The prosecution objected and requested the dismissal be without prejudice.

Parties agreed that the case could be dismissed without prejudice at the hearing and they would file written motions regarding the prosecution’s ability to reopen the case for the court to rule on.

Judge Raffinan granted the request to dismiss the indictment without prejudice with the understanding that written motions would be filed.

No further dates are set in this case.

Homicide Defendant Pleads Not Guilty to All Charges and Remains on Curfew

On Aug. 17, a defendant in a 2022 homicide was arraigned before DC Superior Court Judge Maribeth Raffinan.

Desmond Gaskin, 37, is charged with second-degree murder while armed, unlawful possession of a firearm with a prior conviction, first-degree theft, and several other charges for his alleged involvement in the shooting death of 40-year-old William Whittington Jr. on July 19, 2022, on the 400 block of Burbank Street, SE.

Gaskin’s attorney, Jason Tulley, alerted the court Gaskin was pleading not guilty to all charges and asserted his fifth and Sixth Amendment rights as well as his right to a speedy trial.

The defense made an oral request to modify Gaskin’s release conditions to remove his curfew from midnight to 6 a.m. Tulley said the “community is not going to be unsafe” if Gaskin is allowed to be out during these hours.

The prosecution objected to the request and said the defendant is alleged to have stolen a hard drive containing surveillance footage of the crime scene at 1:00 a.m. on July 20, 2022, which warrants the curfew. They asked the defense to file a written motion so they could respond.

Judge Raffinan denied the request to eliminate Gaskin’s curfew because the case has now been indicted by a grand jury. She told Gaskin to continue complying with his release conditions.

Parties are expected to return on Oct. 12 for a status hearing.

Homicide Defendant Waives Right to Independently Test Items Recovered From Scene

On Aug. 17, a homicide defendant waived his right to independently test items for DNA before DC Superior Court Judge Maribeth Raffinan.

Jerome Israel, 19, is charged with first-degree murder while armed for his alleged involvement in the shooting death of 24-year-old Chaquan Barbett on Aug. 23, 2022, on the 2300 block of Minnesota Avenue, SE.

According to court documents, Israel is also suspected to be involved in a series of carjackings that occurred between Aug. 20 and Aug. 29, 2022.

At the hearing, the prosecutor disclosed the items recovered in the case that could potentially be tested for DNA. From the scene of the homicide, investigators recovered shell casings, a baseball cap, and Barbett’s clothing.

From one of the vehicles recovered in the carjacking investigations, investigators obtained the suspected weapon used to kill Barbett as well as a juice bottle. Both items were tested for DNA and some inculpatory evidence leading to Israel was found.

Israel’s attorney, Janai Reed, said her client initially wanted items to be tested independently, but has decided to waive his rights following communication from the defense’s expert.

Judge Raffinan reminded the defendant that waiving his rights now would mean he might not be able to change his mind later. After asking several questions to confirm his understanding, the court accepted Israel’s waiver.

Parties are expected to return on Oct. 3 for a status hearing, which will be converted to an arraignment if the case is indicted.

Document: Homicide: 1200 Block of Sumner Road, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Aug. 16 on the 1200 block of Sumner Road, SE.

According to MPD documents, officers responded to the location for the report of a shooting. Members of the MPD were notified of a walk-in adult male shooting victim at an area hospital. After all life-saving efforts failed, the victim was pronounced dead.

The victim was identified as 32-year-old Justin Garland.

MPD is asking anyone with information regarding the incident to reach out.

Document: Homicide: 3000 Block of 14th Street, Northwest

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Aug. 16 on the 3000 block of 14th Street, NW.

According to MPD documents, officers in surrounding areas heard the sounds of gunshots and began canvassing the location. They located an adult male shooting victim with no signs consistent with life. A second adult male shooting victim was located on the 1300 block of Columbia Road, NW. He was transported to a local hospital for the treatment of non-life-threatening injuries.

The homicide victim has been identified as 33-year-old Kevin Scott.

Document: Updated with Video Suspect Sought in an Assault with a Dangerous Weapon (Gun) and Armed Robbery (Gun) Offense: 700 Block of H Street, Northeast

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect in reference to a non-fatal shooting and robbery that occurred on Aug. 9 on the 700 block of H Street, NE.

According to MPD documents, the suspect approached the victim at the location, brandished a handgun and shot the victim. The suspect then fled the scene with the victim’s property. The victim was transported to a local hospital for the treatment of non-life-threatening injuries.

Surveillance cameras captured the suspect near the location of the incident.

Document: Suspect Sought in a Homicide: 800 Block of 10th Street, Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is seeking the public’s assistance in identifying and locating a suspect in a homicide that occurred on Aug. 14, on the 800 block of 10th 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 71-year-old Eddie Curtis.

Nearby surveillance footage captured the suspect.

Homicide Defendant Claims Self-Defense in ‘Street Brawl’ Shooting

On Aug. 16, DC Superior Court Judge Rainey Brandt continued a preliminary hearing to review surveillance footage before ruling on probable cause in a 2023 homicide case.

At the hearing, the prosecution called a responding Metropolitan Police Department (MPD) officer to the witness stand. During direct examination, the officer described the events based on witness accounts and the footage.

The witness discussed surveillance footage from a nearby apartment complex that captured the incident.

The surveillance video, which was shown in court, shows Robinson and his family members exiting two SUVs from a nearby parking lot and walking toward the scene. According to MPD documents presented by the officer as part of his testimony, the individuals traveled to the scene with the intention of a physical confrontation with Pena’s daughter.

Footage from another angle shows the confrontation as it moved into the street. Several of Pena’s family members as well as Robinson’s associates were seen getting involved in the fight. Judge Brandt described the incident as a “street brawl.”

According to court documents, the fight occurred outside the apartment complex where both Pena and his daughter reside. One of Robinson’s family members is known to have been engaged in an ongoing dispute with Pena’s daughter.

At one point in the video, the witness said members of Robinson’s group were seen “stomping on [Pena’s daughter’s] head.”

As the confrontation progressed, Pena was seen moving around a parked vehicle next to the scene and out of the surveillance camera’s view. Robinson was seen moving in that same direction shortly after.

After both Pena and Robinson re-entered the camera’s view, Pena was seen firing several shots at Robinson as he ran away. Robinson ran to a nearby parking lot where he collapsed and was taken to the hospital by his family members.

The prosecution also brought up an alleged arson still being investigated that occurred the day after the shooting at the apartment complex where Pena lives.

Pena’s defense attorney, Dana Page, clarified the relationships between the individuals seen in the footage, separating members of Pena’s group from those who were part of Robinson’s. She discussed the interviews that MPD officers conducted both at the scene and at the hospital.

Page said the individuals from Pena’s group had been very cooperative with detectives and their statements were consistent with the surveillance footage, while individuals from Robinson’s group were not entirely up-front about their role in the fight.

After the witness’ testimony, parties began their arguments. The prosecution asked Judge Brandt for a ruling of probable cause for second-degree murder while armed. They said this is “not an identity case,” as it is clear Pena fired multiple shots at Robinson in rapid succession.

The prosecution further argued that since Robinson sustained four gunshot wounds to his back as he was running away from Pena, the defendant was not acting in self-defense at the moment he fired the gun.

The defense, meanwhile, said the video shows another story entirely, where Pena is trying to break up the fight and gets knocked down in the process. They said Pena tried to leave the scene, Robinson chases him, and then Pena begins shooting.

Page said Pena is clearly acting to defend himself and his daughter, as he was being chased and his daughter was allegedly being attacked. She asked for no finding of probable cause and Pena’s release.

The prosecution responded there is no indication that Robinson runs at Pena. They also said that the assault on Pena’s daughter occurred before Pena started shooting. They said Pena was the one who escalated the fight by bringing out a gun and firing it multiple times.

Parties are expected back on Aug. 17 to hear the court’s ruling.

Shooting Suspect Awaits Drug Rehab Placement

An official from DC court services told DC Superior Court Judge Michael Ryan on Aug. 16 that the agency could provide “bed-to-bed” drug treatment for Antonio Harrison “any day he’s picked up,” which could happen in the next couple of days.

Harrison, 47, is being charged with two counts of assault with a dangerous weapon, one count of possession of a firearm during a crime of violence, and one count of unlawful possession of a firearm for allegedly assaulting one victim and firing a gun in front of a total of four victims–an incident that occurred on July 17, on the 700 block of 18th Street, NE.

He also had a 2001 conviction for possession with intent to distribute cocaine.

The defendant is being held in the DC jail pending the availability of space in the rehabilitation program which is managed by DC Pretrial Services. According to court records, Harrison was “positioned” to enter treatment on Aug. 9, and the matter was continued “to ensure the Defendant was transferred to in-patient treatment.”

However, it wasn’t clear during the Aug. 16 hearing why the transfer hadn’t happened or when it would. Harrison’s pretrial release is conditioned on his attending and completing the program.

In the current matter, Harrison allegedly confronted a woman with whom he had a long standing relationship and shared two children. He apparently was irate because the woman was seeing someone else after the relationship with Harrison was “broken.”

“I should slap the shit out of you,” Harrison allegedly told the woman before striking her on the face. Harrison then fired a gun five times toward the sky while menacing a total of four people with his weapon.

The next hearing in the case is set for Sept. 8 before Judge Ryan.

Case Acquitted: Defendant Testifies She Killed Her Boyfriend in Self-Defense

Green was acquitted of murder on Aug. 24, 2023.

On Aug. 16, a defendant accused of fatally shooting her boyfriend during a domestic violence incident testified about the alleged abuse before DC Superior Court Judge Marisa Demeo.

Tamika Green, 37, is charged with second-degree murder, possession of a firearm during a crime of violence, and carrying a pistol without a license, for allegedly murdering her boyfriend on Feb. 20, 2020 in an apartment on the 1600 block of 18th Street, SE.

Bryan Tate Jr., also known as BJ, 37, died from gunshot wounds sustained in his shoulder and hip. Defense attorneys say Green was acting in self-defense during an argument with Tate that turned physical.

Green said the abuse started one to two years into the relationship and she testified about four instances when Tate was allegedly violent towards her.

According to Green, there were no serious issues during the first year of their relationship, but Tate started getting more possessive and did not want her to work or drive as the relationship progressed.

“BJ felt more comfortable with having me all to himself,” Green said.

According to Green, the initial fight between her and Tate that took place late on Feb. 19, 2020 led to the alleged shooting that occurred shortly after midnight on Feb. 20, 2020.

Green said she was babysitting her nephew at their apartment on Feb. 19, 2020, when Tate showed up drunk. Green said she was upset because Tate was supposed to take them to a restaurant.

Green said the fight occurred the following day because Tate got angry that Green had called someone to take her and her nephew to the store to get ice cream.

Green said Tate allegedly slammed her into the wall by her shoulders while her nephew was still in her arms.

According to Green, the fight escalated after she called her nephew’s mother to come pick him up.

She said her nephew was in another room when Tate allegedly grabbed her by her hair, dragged her outside of their bedroom, and slammed her into a closet door.

Green said she couldn’t breathe when he allegedly started choking her.

Green said she thought “This is it. I might not walk out of the apartment,” when he was allegedly choking her.

According to Green, she grabbed a gun after she managed to get away. She said she shot him twice because he did not stop coming towards her.

Prosecutors questioned her honesty by asking her questions about her interview with Metropolitan Police Department (MPD) detectives on Feb. 21, 2020 where she covered up Tate’s alleged homicide.

Green said she lied to the detectives about not eating before Tate arrived home on Feb. 19, 2020, and being eight months pregnant at the time.

Green told the jury she was scared to tell the detectives what really happened that night because Tate’s parents used to be police officers. However, she said she and Tate did not know the detectives interviewing her nor had she ever seen them before.

The trial will resume on Aug. 17 as prosecutors continue questioning Green.

Document: Wanted Suspect Extradited and Charged in a Homicide: 3000 Block of Adams Street, Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch, with the help of the US Marshals Fugitive Task Force, arrested and charged 21-year-old Jamari Payne with second-degree murder for his alleged involvement in a homicide that occurred on Sept. 22, 2022, on the 3000 block of Adams 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 57-year-old Bacilio Villatoro.

On Dec. 23, 2022, Payne was arrested in Harrisburg, PA, pursuant to a DC Superior Court arrest warrant.

Payne was transported to MPD’s Homicide Branch on Aug. 15.

Document: Arrest Made in an Assault with a Dangerous Weapon (Gun) Offense: 4500 Block of Dix Street, Northeast

The Metropolitan Police Department (MPD) has arrested and charged 22-year-old Darrious Johnson with assault with a dangerous weapon (gun) for his alleged involvement in a non-fatal shooting that occurred on May 5, on the 4500 block of Dix Street, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult female shooting victim. She was transported to a local hospital for the treatment of non-life-threatening injuries.

Document: Suspects and Vehicle Sought in a Homicide: 1600 Block of Good Hope Road, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch is seeking the public’s assistance in locating suspects and a vehicle connected to a mass shooting that left three people dead. The incident occurred on Aug. 5, on the 1600 block of Good Hope Road, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located four adult male shooting victims and one female shooting victim. Two of the adult victims and the female victim were found with no signs consistent with life. The two remaining victims were transported to local hospitals for treatment of their injuries.

The homicide victims have been identified as 27-year-old Tymea Cook, 35-year-old Bernard Hodges, and 34-year-old Reginald Gilbert.

MPD has released surveillance footage that shows the suspects and their vehicle.

Judge Finds Probable Cause in Assault With Intent to Kill Case

On Aug. 15, DC Superior Court Judge Rainey Brandt alerted parties that circumstantial evidence led her to find probable cause that Daquawn Lubin was the perpetrator of a non-fatal shooting.

Lubin, 27, is charged with two counts of assault with intent to kill while armed and two counts of possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred on July 24 on the 4600 block of Benning Road, SE. The incident left two adult males suffering from non-life-threatening injuries.

After taking time to review surveillance footage of the incident, Judge Brandt argued that, although the evidence linking Lubin to the incident was circumstantial, it was enough to meet the minimum standard of probable cause.

According to Judge Brandt, Lubin’s vehicle’s GPS tracking system, the shooter’s clothing, and the connection between Lubin and the shooter’s complexion proved that he was probably one of the responsible individuals.

Judge Brandt also argued that the intent to kill the victims was demonstrated by various factors. She stated that the fact the shooters left the location and returned a while later, and waited over 20 minutes for the victims to arrive at the parking lot, proves that the shooters intended to kill the victims.

Following Judge Brandt’s probable cause ruling, defense attorneys for Lubin requested he be released, arguing that his family greatly depends on him to make ends meet. Attorneys also insisted he is the sole caretaker for his ill mother.

During the hearing, the Pretrial Services Agency (PSA) alerted Judge Brandt that, at the time of the incident, Lubin was on probation for a gun charge in Maryland.

Prosecutors argued against his release, stating that he remains a danger to the community.

Judge Brandt took a moment to balance the release arguments before agreeing to release Lubin to home confinement.

She argued she was allowing him to be on release due to his circumstances, stating that it is not often that a defendant has a good job and a roof over his head. According to defense attorneys, Lubin is a manager at a restaurant in the District.

Judge Brandt imposed release conditions that require Lubin to be on home confinement, except for when he’s working, stay away from the victims, witnesses, and location of the incident, and cannot possess or purchase any guns as he awaits a resolution for this matter.

“You need to abide by my conditions,” Judge Brandt told Lubin.

“This is your chance… take it and stay within the compounds of the law, and be successful. Good luck,” she said.
Parties are expected back in front of DC Superior Court Judge Robert Okun on Sept. 14.

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