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Prosecution, Defense Lawyers Work Toward Trial in Homicide Case

Prosecution and defense lawyers tried to work through procedural issues needed to bring a nearly four-year-old murder case to trial in a hearing before DC Superior Court Judge Anthony Epstein on May 12.  

Devonte Brothers, 29, is charged with first-degree murder while armed and conspiracy while armed in connection with the June 16, 2019, shooting of 30-year-old Arkeem Jackson on the 4300 block of 4th Street, SE.  

According to court documents, five people were shot in the incident. Judge Epstein said it’s in everyone’s interest to move the proceedings along. 

At issue were deadlines to produce evidence, in particular the defense said it’s consulting an expert in forensics. 

Meanwhile, Judge Epstein granted a defense motion to suppress certain evidence until completing the process to identify evidence in the case. .  He pushed the motions deadline for outstanding evidence issues until June 16. 

Judge Epstein also set a date for a trial readiness hearing in the case for Aug.25 at 11 a.m.

Murder Suspect’s Battle With Addiction Highlights  Status Hearing

A man accused of killing his father in a family dispute is trying to wean himself off drugs and care for his wife with breast cancer.  

Stephon Williams 32, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol outside a home or business for allegedly shooting his 49-year-old father Stephen Magruder on Sept. 11, 2020, on the 700 block of 51st Street, NE..

In a May 12 hearing before DC Superior Court Judge Anthony Epstein, Williams’ attorney, Jason Tulley, said his client’s medical privacy had been violated because court-appointed rehabilitation officials released information about the defendant’s drug treatment to ““community connections.”  If so, that would be a violation of the federal Health Insurance Portability and Accountability Act (HIPAA).

Judge Epstein said he couldn’t justify such a finding, but he was interested in Williams’ long standing addiction problem.  According to Tulley, Williams tested positive for fentanyl on May 5 but was negative for two other screens on May 10 and May 15.  Whether Williams is allowed to stay in rehab may be determined in a drug test scheduled after the hearing on May 12. 

Judge Epstein said he was anxious to know the outcome.

Williams, meanwhile, requested a new parole officer because his relationship with the current one has become “toxic,” according to Tulley.   Judge Epstein denied the request. 

Tulley also pointed out that Williams has “done a fantastic job helping his wife who has breast cancer.”  

Judge Epstein continued the matter to see if the behavioral issues could be resolved.  “If the wheels come off,” he said he’ll schedule more hearings. 

Retired Police Officer Considers Plea Deal in Training Exercise Killing

Jesse Porter, 59,a retired officer with the Metropolitan Police Department (MPD) is considering a plea deal in the shooting death of 25-year-old Maurica Manyan, a library security officer.  

On May 10, Porter was indicted by a District of Columbia Grand Jury on charges of second-degree murder while armed, possessing a firearm during a crime of violence and unlawful discharge of a firearm.  The incident occurred on Aug. 4, 2022, on the 1800 block of Good Hope Road, SE. 

In a brief hearing before DC Superior Court Judge Anthony Epstein on May 12, Porter’s attorney Brian McDaniel asked Judge Epstein for additional time to consider the prosecution’s terms of three-to-seven years in jail in return for pleading guilty to involuntary manslaughter while armed.  Otherwise, Porter will have to stand trial for murder. 

If Porter were convicted on all the charges, he faces a maximum sentence of 12-to-24 years in prison.

Judge Epstein gave Porter until a hearing on May 18 at 2:30 p,m. to make up his mind.

The widely publicized case stemmed from Manyon’s shooting while she was taking part in a training exercise.  According to court documents, when police arrived on the scene Porter kept repeating, “I thought I had a training gun.”

Members of Manyon’s family attended the court session and afterward listened to a prosecutor’s explanation of the proposal.  In an informal news conference outside the courthouse, family attorney Chelsea Lewis said their reaction was shock and disappointment that Porter might face less than the maximum penalty for his offenses while they’re still in mourning.

“We are still extremely concerned and troubled by the District of Columbia’s response and negligence in this case, “ said Lewis.  She said the family has heard virtually nothing from city officials and received no compensation for Manyan’s death 

Also, at issue is security footage of the shooting which has not been turned over to the family.  Lewis said the family wants to see it in an effort to determine if the shooting was completely accidental. 

Meanwhile, Lewis said the family was considering other legal options to get accountability for what happened.  

Brittany Backford, Manyan’s cousin, said whatever the outcome nothing can make up for the family’s loss. “We don’t even have words why something like this would happen,”  she told reporters. 

New Trial Date Set for Double Homicide Case

On May 12, DC Superior Court Judge Rainey Brandt set a new trial date for a double homicide case following a mistrial on May 10. 

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

Following three weeks of trial, the defense filed a motion for mistrial, citing prosecutorial misconduct after they elicited an inculpatory statement from a key witness. 

Jury selection for a new trial is slated to begin on May 22. 

Judge Brandt argued this trial is high priority, as it is a five year old case, stating there was urgency in proceeding. 

Parties are expected back in court on May 17 for a status hearing to ensure everything is set before the trial.

Homicide Defendant Waives Right to Independent DNA Testing of Evidence 

On May 12, a murder suspect waived his right to independently test DNA evidence from a crime scene. 

Howard Fritts, 56, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 46-year-old Charlie Miller on the 900 block of 9th Street, NW, on May 29, 2022. 

Jacqueline Cadman, defense attorney for Fritts, told the judge the defense would not be going through with independent DNA testing. 

DC Superior Court Judge Rainey Brandt reminded the defendant that if he waived his rights now he couldn’t request to test evidence at a later date. 

“This man in front of me is not the same man from months ago,” Judge Brandt said when discussing Fritts’ improvement in the community. 

Cadman said Fritts had started his own business, and had named it based on a comment the judge had made at a previous hearing. 

According to Cadman, Judge Brandt had told Fritts to bring his life back around like Frosty the Snowman. Because of this, Fritts named his home improvement company Frosty’s Home Improvement, and their motto is “Bringing Things Back to Life.” 

Fritts will remain on release as he awaits trial or disposition. 

Parties are expected back on Dec. 11.

Judge Shows Support to Murder Defendant’s Compliance

On May 12, DC Superior Court Judge Rainey Brandt showed her support and pride in a murder defendant’s full compliance with court-ordered release conditions. 

William Davenport, 30, is charged with first-degree murder while armed for his alleged involvement in a shooting that claimed 27-year-old Leonard Turner’s life. The incident occurred on May 14, 2021, on the 1700 block of Trinidad Avenue, NE. 

Davenport’s pretrial services agency (PSA) case manager alerted the court that, aside from a few positive drug tests, he had remained in full compliance of his release conditions, which include the high intensity supervision program (HISP), random drug testing, and GPS monitoring. 

Prosecutors argued the defendant’s continued positive tests for illegal substances is worrisome, given the fact that the murder he is charged with occurred in part because of drug use and selling. 

Judge Brandt told the parties that she recognized Davenport is still testing positive for drugs on occasion, but that he has a few things to his credit that outweighs the positive drug tests, including his successful completion of a residential drug treatment program as one of them. 

“It may take a little bit longer to beat this, but you’re going to kick it,” she said. 

Parties are slated to return on Dec. 11 for a status hearing.

Defense Continues Arguments on Rap Lyrics in Multi-Defendant Homicide Trial 

On May 10, defense attorneys for Gregory Taylor continued arguments about rap lyrics the prosecution insists showed the defendant’s affiliation with a street gang in front of DC Superior Court Judge Robert Okun. 

Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 22, 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. 

On Wednesday, defense attorneys for various defendants continued the cross examination of Taylor’s music manager on his knowledge of well-known rap lyrics. 

According to the witness, the lyric “been with the same gang since I was lil” is well known from one of famous rapper Lil Baby’s songs. 

These lyrics, among others, were utilized by various defendants on their social media when they posted images of them and their co-defendants and friends. 

The defense used the questioning of the manager to argue that some of the statements made by the defendants in text messages and Instagram posts were just quotes from famous rap songs, and insisted they were not trying to insinuate they belonged to a street gang, like the prosecution argued. 

Jonathan Zucker, defense attorney for Taylor, called up one of Taylor’s old childhood friends to discuss one of the last times he saw the defendant. 

According to the witness, he invited Taylor to a cookout three days before the deadly shooting in Clay Terrace. The cookout occurred in the Lincoln Heights neighborhood, right across the street from the scene of the July 16 attack. 

Thomas and Michals were also in attendance at the cookout, but, according to the witness, none of the defendants ever wandered onto the Clay Terrace area. 

A homicide detective also testified regarding his knowledge of individuals in the Wellington Park community, including those affiliated with the street gang. 

According to the detective, he kept a personal notebook of various individuals he had come into contact with during his stint patrolling and investigating the area. 

Taylor was not one of the individuals he kept a record of, he said. 

Following the detective’s testimony, Zucker rested Taylor’s case. 

Trial is slated to resume May 15.

Defense Asks for Murder Case Dismissal Based on Withheld Evidence

Lewkus Turner’s  murder trial before DC Superior Court Judge Maribeth Raffinan was delayed on May 11 by an earlier motion to dismiss the case.   

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

Turner’s attorneys submitted a 20-page brief to Judge Raffinan on May 9 asking her to dismiss the indictment with prejudice alleging the prosecution failed to turn over five video CCTV surveillance recordings from the Metropolitan Police Department (MPD) cameras.  The evidence, says the defense, was kept from them for nearly three years.

According to the motion, “In the videos counsel has new leads that could have led to additional witnesses.  Moreover, much of the video contradicts information previously disclosed.”  The motion to dismiss also suggests that Turner may enter a plea of self-defense if the matter goes to trial.  

The issue was discussed in a pre-trial hearing before Judge Raffinan on May 11.  Turner’s lawyer, Jason Clark, called the prosecution’s conduct “appalling,” saying it was guilty of “gross negligence.”  Clark also said the MPD’s handling of the evidence was “terrifying.” 

In trying to explain the lapse, the prosecutor said that detectives “weren’t trying to hide the ball” but acknowledged fault and that his office was trying to address the issue.  

The defense is asking the judge to impose a series of “severe sanctions” against the prosecution ranging from special instructions to the jury about the unrevealed evidence all the way to releasing Turner outright.  

Judge Raffinan noted that because information was withheld, the defense didn’t get to know about other witnesses to the incident.  She said she plans to rule on the defense motion in a hearing on May 15 at 10 a.m.

Suspect in Armed Robbery Incident Considers  Plea Deal

In a brief appearance before DC Superior Court Judge Maribeth Raffinan on May 11 Jinmar Fuentes said he wanted two weeks to consider a plea agreement.

Fuentes, 22, is charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, assault with a dangerous weapon and possession of a firearm during a crime of violence in an incident that occurred on the 1400 block of V Street, NW on July 31, 2022.

According to court documents, Fuentes approached a man in an apparent robbery attempt and shot the victim three times.  He was transported to George Washington Hospital where he required two gallons of blood to survive.  

Judge Raffinan set the next hearing date in the case for May 23. 

 New Trial Date Set for Long Time Suspect in Teen Murder Case

DC Superior Court Judge Maribeth Raffinan set a trial date of Sept. 30, 2024, for Derryck Decuir hoping to resolve a longstanding murder case. 

Decuir, 30, is charged with second-degree murder while armed against a minor and unlawful possession of a firearm with a prior conviction for his alleged involvement in the shooting of 15-year-old Malek Mercer.  The incident occurred on the 2800 block of 28th Street, SE on June 16, 2015.

Decuir was previously convicted, but the District of Columbia Court of Appeals reversed the verdict in November 2022, finding inappropriate testimony was admitted during the trial. 

In a May 11 hearing Judge Raffinan discussed the logistics of moving Decuir closer to the district to prepare for his new trial.  He is currently in Northern Neck Regional Jail in Warsaw, Va in the custody of the US Marshal service. The detention facility is more than two hours away from DC. 

However, Judge Raffinan acknowledged finding a suitable location for Decuir is challenging because of his behavioral issues and conflicts with other inmates.  One possible solution, she said, is bringing Decuir to the DC jail for intermittent stays.  

Judge Raffinan set June 7 at 9:30 a.m. for the next status hearing in the case. 

Document: Homicide: 900 Block of Decatur Street, Northwest

The Metropolitan Police Department (MPD) is seeking the public’s assistance with information regarding a fatal shooting that occurred on May 10, on the 900 block of Decatur Street, NW.

The decedent has been identified as 24-year-old Aaron Derricott, Jr.

Judge Admits Error and Declares a Mistrial in Five-Year-Old Homicide Case

DC Superior Court Judge Rainey Brandt admitted she erred in not telling jurors that testimony from a  key prosecution witness in a double murder trial was “inadmissible hearsay.”  “I will fall on a sword,” Judge Brandt said as she declared a mistrial in court on May 10.  

Alphonso Walker, 45, is charged with two counts of first-degree murder in connection with the deaths of Dalonte Wilson, 23, and Antone Brown, 44, near the 400 block of 61st Street, NE, on April 25, 2018.  Walker has been held in the DC Jail since December 2018. 

At issue was a statement made in trial by the witness on May 9 about a phone conversation she had with an individual who allegedly knew about the crime:  “Your date ( implied to be Walker) shot Minimoe and BeyBey (implied to be nicknames for Brown and Wilson).”

Walker’s defense lawyers said this was prosecutorial misconduct on the grounds the witness was simply relating what she heard and the comment had no basis in fact.  At that point, Judge Brandt adjourned the proceedings.  

In court on May 10, defense lawyer Prescott Loveland argued, “Inadmissible hearsay has gotten before the ears of the jury.”

Loveland also charged that the prosecution tactic took him by surprise and compromised Walker’s chances of getting a fair trial.  “Mr. Walker is fighting for his life,” declared Loveland who demanded the judge declare a mistrial with prejudice. 

While refusing to do so, Judge Brandt underscored the defense’s point saying, “This trial is about Mr. Walker and his constitutional rights.”

For its part the prosecution said it wasn’t trying to “sneak something in” and didn’t realize that “havoc” would result from the disputed testimony.  Judge Brandt called the prosecution’s actions a “gaffe” and that the situation put them on the “hot seat.” 

During the remainder of the session defense and prosecution lawyers sparred over how Judge Brandt could instruct the jury to reconsider the testimony without prejudicing the case.  One option was to tell the jury to ignore the witness’s testimony altogether or just part of it; either way prosecutors felt it would hurt their argument.

When an impasse was obvious, Judge Brandt declared a mistrial and set a conference to discuss a new trial for May 12 at 10 a.m.

Meanwhile, family members for both victims were present during the session, and Brown’s sister told D.C. Witness she considered the trial a “S***show from the beginning” and was disappointed by the outcome, which has taken nearly a year.  However, she said she plans to attend the new trial hoping for justice.