Mental Competency Examination Inconclusive for Uncooperative Shooting Defendant

DC Superior Court Justice Neal Kravitz said at a Sept. 24 hearing that a doctor could not write an opinion on a shooting defendant’s mental competency after he did not fully cooperate with the examination.

Mario Kirksey, 36, is charged with assault with intent to kill while armed, assault with significant bodily injury while armed, assault with a dangerous weapon, three counts possession of a firearm during a crime of violence and unauthorized use of a vehicle. The charges stem from his alleged involvement in a shooting on the 1300 block of Okie Street NE on Feb. 28, 2024.

One person was injured during the incident.

Parties met Sept. 24 to discuss the results of a mental competency screening Judge Kravitz had ordered for the defendant at an Aug. 25 hearing.

Judge Kravitz kicked off the hearing by noting that a psychiatrist from the Depart of Behavioral Health (DBH) who worked with Kirksey had been unable to offer an opinion about his competency. Kirksey was “unengaged and unforthcoming” during the exam, Kravitz said.

Kirksey’s attorney, Terrence Austin, told the court that he would like to locate his own expert to evaluate Kirksey and return in 30-to-45 days. Judge Kravitz and the prosecution expressed no opposition to Austin’s plan, though the prosecution asked that DBH attempt to examine Kirksey again in the meantime.

“We’ll issue an order asking DBH to interview Mr. Kirksey again,” Kravitz said.

Kravitz instructed Kirksey on the importance of the examination and asked him to work with DBH going forward. Kirksey responded that he had a hard time working with DBH because the examination felt forced.

“When you feel like you’re being forced and bullied into something, it’s hard to communicate in the situation,” Kirksey said.

Parties are slated to reconvene Nov. 14.

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Parties Dispute Victim, Key Witness Testimony Discrepancies

DC Superior Court Judge Michael Ryan heard prosecution witnesses in the ongoing jury trial of a non-fatal stabbing defendant on Sept. 29.

Jerrell Smith, 31, is charged with aggravated assault knowingly while armed and carrying a dangerous weapon outside a home or business for his alleged involvement in the non-fatal stabbing of a victim on June 2, 2023. Court documents are not clear on where the incident occurred but police responded at the United Medical Center on the 1300 block of Southern Avenue, SE.

Defense counsel Emma Mlyniec started by cross examining a Metropolitan Police Department (MPD) witness.

Attorney Mlyniec asked the now detective but officer at the time of the incident if she would agree that it is important to conduct a thorough investigation. The detective said yes.

Following up, Mlyneic asked if the witness knew that if a thorough investigation was not conducted it could result in an innocent person being arrested, the officer affirmed.

When asked if the lead detective on the case told her not to canvas the area the complainant said he was attacked at, she said that she could not recall. The defense then played the witness’ body camera footage from the night of the incident where the lead detective could be heard saying, “You don’t need to canvas nowhere”.

The prosecution also called a forensic scientist from the Department of Forensic Sciences (DFS). She worked the crime scene and later put evidence into storage from the incident.

She testified to taking photographs of the vehicle in which the incident occurred. On the stand she pointed to places in the photos where suspected blood splatter could be seen. She pointed to portions of the passenger seats and the middle console.

The prosecutor asked the witness if it was unusual for her to process the scene like the incident scene and not collect any forensic evidence, she said it was not unusual.

The DFS scientist was then asked to identify two articles of clothing worn by the victim, given to her by detectives on scene, an orange jersey and a white tank top. In court she held up the items identifying where the suspect blood splatter was on the items.

When asked if she was able to photograph the victim other than his clothing, she stated she was not able to because he was already in surgery for his injuries.

During cross examination, Mlyniec asked if the scientist was asked to do anything more than a compulsory search of the vehicle. She stated she was only asked to do the initial search and photograph the vehicle.

She testified as well that she was not asked to do inventory of the items in the vehicle, swab the exterior or the interior for DNA or fingerprints, and test the suspect blood splatter.

In redirect by the prosecution she was asked if she knew about any of the searches conducted by the police before she arrived or if she knew about any of the conversation between the police and witnesses at the scene, she stated she did not.

Prosecutors called in a doctor who is the chief of trauma surgery at George Washington University (GWU) Hospital. The doctor confirmed that he treated the victim on June 2, 2023 after he was transported from United Medical Center.

According to the doctor, the victim had bled profusely from his neck and was brought in as a trauma yellow, which indicates a priority patient.

The doctor explained that the victim sustained external jugular vein injuries and underwent two blood transfusions. The doctor stated, “If he was not brought to the hospital, he would have bled to death.”

Additionally, tests revealed that the victim had a .122 alcohol level in his system, one-and-a-half times the legal limit of .08.

Before the next witness was called, the defense requested a judgement of acquittal, arguing that the prosecution had not established the defendant’s involvement beyond a reasonable doubt in this case.

They continued by stating that two witnesses, the victim and his close friend, had given two different testimonies, specifically identifying where the assault occurred. The victim said the incident occurred in DC, while his close friend said that it occurred on a highway in Maryland.

The defense argued that the close friend’s testimony is more credible because he was the driver of the vehicle. However, the victim testified to having been familiar with the area they were driving in while his close friend said he was unfamiliar with the area.

Judge Ryan denied the defense’s motion of a judgement of acquittal, stating that in the case of aggravated assault the victim’s injuries were significant and “a reasonable juror can look at the damage that was done.”

Defense attorney Hannah Claudio called in an MPD detective.

The detective, who was not the lead detective and had a limited role in the case, interviewed the victim on June 3, 2023.

When asked where the incident occurred, the victim said he was assaulted in an apartment complex across the street from UMC, according to the detective.

Initially, the victim said he was alone, but then said that his brother was with him. The victim also said that he was on foot – not inside a vehicle. The victim was unable to identify who stabbed him but, according to the detective, said that he did not think his brother did it.

Judge Ryan explained to Smith his right to testify or not. Smith wished to remain silent.

Parties are slated to reconvene for conclusions on Sept. 30.

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Ryan Hawkins, Olivia Swaney

Homicide Defendant Again Won’t Appear in Court

A homicide defendant once again failed to appear before DC Superior Court Judge Neal Kravitz on Sept. 26, further delaying a case that has been ongoing for more than six years.

Mark Price, 30, is charged with first-degree murder while armed, two counts of assault with intent to kill while armed, assault with a dangerous weapon, threat to injure or kidnap a person, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict and first-degree burglary while armed.

Price’s charges are connected to the fatal shooting of 47-year-old Andrew Hakim Young on July 30, 2019, on the 1500 block of 19th Street, NE.

Price was previously sentenced to 50 years of imprisonment for a widely reported mass shooting on the 5300 block of 53rd Street, NE, on July 16, 2018 which killed ten-year-old Makiyah Wilson, and left four other individuals with gunshot wounds.

On March 14, Price similarly failed to appear in court before Judge Kravitz. In March, Price had told his attorney, Destiny Fullwood-Singh, that he was not feeling well and refused to get on the bus from DC Jail to court.

On Sept. 26, Fullwood-Singh said she spoke to Price the night before, and suspected he may fail to appear in court again. She told Judge Kravitz that Price was refusing to subject himself to what he termed the inhumane treatment that inmates are subjected to when they appear in court, and therefore would not get off the bus that brought him from the jail to court.

Judge Kravtiz noted that Price had not yet waived his right to appear in court, and gave Price one more opportunity to appear in court at the next status hearing.

Judge Kravitz warned that if Price fails to appear again, Judge Kravitz and both parties, as well as a court reporter, would need to visit Price in his cellblock to waive his right to appear in court in order to move forward with the case.

Parties are slated to reconvene on Nov. 14.

Homicide Defendant to Undergo Second Mental Evaluation

DC Superior Court Judge Neal Kravitz ordered a second full mental competency exam on Sept. 26 for a murder defendant requesting to represent himself in trial.

Marcus Barringer, 34, is charged with first-degree murder while armed, two counts of assault with a dangerous weapon, two counts of unlawful possession of a firearm, two counts of obstruction of justice, three counts of possessing a firearm during crime of violence, and six counts of possession of a large capacity ammunition feeding device.

These charges are in connection to his alleged involvement in the fatal shooting of 32-year-old Rashad Davis that occurred May 6, 2022 on the 2300 block of Nicholson Street, NE.

On Sept. 11, Judge Kravtiz deemed that Barringer was mentally competent to stand trial after receiving a report from the DC Department of Behavioral Health (DBH). The report stated that after receiving mandated medication to moderate dangerousness, Barringer was competent to stand trial, and suggested that Barringer continue to be held at Saint Elizabeths Hospital for psychiatric patients.

However, on Sept. 26, the prosecution told Judge Kravitz that following the Sept. 11 hearing, they had received another report from an independent expert at the hospital that believed that although Barringer’s state had improved, he was still not competent enough to stand trial.

The prosecution also told Judge Kravitz that Barringer also wished to represent himself in trial. A previous ruling on Oct. 24, 2024 by DC Superior Court Judge Robert Okun ruled that Barringer was incompetent to do so.

Lisbeth Sapirstein, Barringer’s attorney, affirmed that Barringer still wanted to represent himself with his defense counsel on stand-by.

Judge Kravitz ordered another competency exam from DBH to evaluate Barringer’s competency to waive his rights to counsel. Barringer’s trial date is set for Feb. 1, 2027.

Parties are slated to discuss the findings from the latest mental competency exam on Nov. 11.

Defense Challenges Prosecution Evidence in Teen Homicide Trial

Witnesses, including the mother of a convicted defendant, testified in a jury trial before DC Superior Court Judge Rainey Brandt on Sept. 23.

Reginald Steele, 26, is charged with first-degree murder while armed, conspiracy, ten counts of assault with intent to kill while armed, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, two counts of tampering with physical evidence, and five counts of possession of an unregistered firearm.

The charges are in connection to his alleged involvement in four shootings, including the fatal shooting of 13-year-old Malachi Lukes, at the 600 block of S Street, NW, on March 1, 2020. Another individual sustained injuries during the incident.

Steele was also allegedly involved in a non-fatal shooting on March 1, 2020 at the unit block of Channing Street, NE, and a non-fatal shooting on Feb. 22, 2020 at the 700 block of Farragut Street, NW. No individuals sustained injuries.

Additionally, Steele faces charges for his alleged involvement in a non-fatal shooting on Feb. 24, 2020 at the 1700 block of Ninth Street, NW. Three individuals sustained injuries during the incident.

A witness from the DC Department of Forensic Science (DFS), was called to the stand to discuss his involvement in a search warrant search for a home on the 2600 block of Douglas Street, SE, which according to court documents is Steele’s listed home address.

The search occurred on May 29, 2020, and the witness described his role as photographing and bagging evidence that police previously identified as noteworthy to the investigation.

When asked by the prosecution why forensic scientists need to document a warrant search scene, the witness said they need to show evidence that’s present at the scene.

“Obviously it’s pretty incriminating if you show a gun,” stated the witness, to which the defense immediately objected. Judge Brandt told the jury to ignore the statement, and strike the prosecution’s previous question, from the record.

Other photos were shown of Steele’s residence, including key pieces of alleged evidence–a loaded Glock 19 with a magazine, a cell phone, and Balenciaga size nine shoes.

The witness stated that in addition to being loaded, the gun also didn’t have a safety attached. “If you pull the trigger, it went bang,” stated the witness. There were also ten cartridges still in the magazine.

The prosecution then brought the gun out for the witness to identify in front of the jury, and he confirmed it had the same serial number as the gun said to be found in Steele’s home.

Also brought out for the witness to identify was a pair of Balenciaga shoes, which were found in another room of Steele’s home. Court documents show these shoes were used to identify Steele through gas station’s CCTV footage. The witness confirmed these were the same shoes said to be in Steele’s home.

Cross examination by defense attorney Megan Allburn focused on the witness’ role in the warrant search, including that the witness had no knowledge of how the items arrived in the home, just that they were present. The witness agreed, and Allburn closed cross examination by boiling the witness’ job down to just “photos and baggies”.

Four other witnesses testified about search warrants executed on May 29, 2020 in reference to Steele’s codefendant, Koran Jackson, 25.

One search warrant was executed in Jackson’s listed home address, at the 3600 block of 11th Street, NW. A Metropolitan Police Department (MPD) detective testified to being a member of the team that executed the search warrant.

The witness stated that the most important piece of evidence found was a pair of Nike Foamposite sneakers size 10.5 shoes that belonged to Jackson. Prosecutors brought the pair of shoes out for the witness to identify and show the jury.

Allburn emphasized in cross examination that the detective did not bag the shoes himself– according to Allburn, this means the shoes seen in court could technically be a different pair than the ones documented to be in Jackson’s home.

The last three witnesses testified to a search warrant executed at a house on the 1900 block of Trenton Place, SE, identified as Jackson’s mother’s home. A cellphone, pair of shoes, and a sweatshirt were all found inside the home.

Prosecutors called on Jackson’s mother to testify. She confirmed the home address, and uncovered the moments when her home was searched. According to Jackson’s mother, the search lasted three hours.

However, as questions about clothing that Jackson owned, specifically a NASA sweatshirt, as well as his connection to Steele, co-defendant Tiiyon Freeman, 26, and 19-year-old Tahlil Byrd who was killed on Sept. 29, 2019, Jackson’s mother could not remember details like how the individuals met, where they attended school, and how close they were.

Jackson’s mother was impeached–her credibility attacked– twice by not remembering the details she provided in her grand jury testimony. Judge Brandt stated, “She does not want to be here. When questions get too close to who grew up with who, she gets memory lapses and does not cooperate.” Judge Brandt also observed changes in Jackson’s mother’s demeanor, noting that she smirked, turned, and mumbled under her breath when asked questions about the photographs of Jackson’s NASA sweatshirt.

Defense Attorney Meghan Allburn questioned, “what does her demeanor have to do with her credibility?” with the prosecution arguing that she was very forgetful as it pertained to the relationship between Jackson, Freeman, and Bird.

Additionally, a jail phone call between Jackson and his mother was played in court. In the call, she allegedly advised Jackson to tell Freeman, who was referred to as Ty, “not to be running his mouth.” Jackson’s mother explained that, “they don’t know who these people are, so don’t talk to anybody” as her reason behind that statement.

An MPD officer confirmed that a grey cellphone, pair of Nike shoes, and a NASA sweatshirt were all found inside the home. Additionally, the witness testified to Jackson’s mother identifying her son wearing these clothes in pictures provided by detectives.

Parties are slated to reconvene Sept. 24.

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Ryan Hawkins, Lizzie Twardock

MPD Officers, Detectives Break Down Security Footage in Shooting Trial

The responding detective testified in a shooting trial before DC Superior Court Judge Deborah Israel on Sept. 29.

Daquan Toland, 25, is charged with aggravated assault knowingly while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, and unlawful possession of ammunition. The charges stem from his alleged involvement in a non-fatal shooting that took place at the Waterfront Metro station on the 300 block of M Street SW on June 2.

The prosecution called the Metropolitan Police Department (MPD) detective that responded to the incident to testify about videos from the crime scene and the arrest of Toland. Surveillance footage from inside the station, police cameras, security tapes from the Safeway across the street, and body-worn camera video from the arresting officers were entered as exhibits and confirmed by the witness.

Footage from the incident showed someone in a white shirt, who prosecutors alleged was Toland, riding a bike past the Metro station where he came into contact with two individuals wearing all black.

The individual wearing white and one wearing black then pull out firearms and retreat while firing at each other. The individual in white sprinted into the Metro station. Different video footage showed an individual in a white shirt who boarded a Green Line train, and exited at the Gallery Place-Chinatown station. Toland is supposedly captured on body-worn camera footage exiting the Chinatown stop where he was apprehended by police.

When the MPD detective was cross examined, Henry Druschel, Toland’s defense attorney, pointed out two individuals in orange vests while reviewing the surveillance footage from a Safeway. He asked why they were not considered witnesses or suspects. The detective was able to confirm that they were not WMATA officers, but did not consider them witnesses or suspects, and they remain unidentified.

Druschel also asked the detective about a ballistics report that the detective filed for this incident. In his first testimony, the detective claimed they found evidence of two weapons being fired. During the cross examination, he noted that there may have been a third, but that he would need to review the report to verify.

Druschel also called in an MPD officer who responded to the scene to testify and review body camera footage. In the video, Druschel pointed out an individual in an orange vest seen in the Metro station and asked if the police considered them relevant to the case. The officer didn’t regard the individual on the day of the crime, as she was focused on getting to the scene.

The prosecution submitted three additional pieces of evidence, which were audio recordings. One was a piece of an interview with on-scene witnesses, who identified one of the suspects as wearing a white shirt.

The other two recordings were from calls reporedly between Toland and his mother regarding an alleged robbery against Toland. In one, his mother can be heard asking why Toland had a gun, but the recording ends shortly after with no clarification.

After the jury left for the day, Druschel motioned for acquittal but Judge Israel declared that she believed a reasonable juror would be able to convict Toland beyond reasonable doubt.

Parties are slated to reconvene on Sept. 30.

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Jackson Nielsen

Sean Kildea

‘My Son Does Not Have the Comfort of Going Home,’ Victim’s Father Tells Court About Ailing Murder Defendant

DC Superior Court Judge Neal Kravitz granted the release of a murder defendant to home confinement on Sept. 29.

Dione Dorn, 42, is charged with first-degree murder premeditated while armed for his alleged involvement in the fatal shooting of 23-year-old Jaydon Parson, which occurred on Feb. 18 on the 700 block of H Street, NW.

On July 10, Megan Allburn, Dorn’s attorney, requested that Dorn be released to home confinement given Dorn’s continued decline in medical health since first entering the DC Jail in May. Dorn has been diagnosed with diabetes, end-stage renal disease, congestive heart failure, kidney failure, and neuropathy.

Following the July hearing, Judge Kravitz ordered for a medical expert to determine whether Dorn’s condition stemmed from defiance medical advice or a lack of care provided by the jail, and to consider whether Dorn’s medical conditions would make him less dangerous to the public.

The report from the medical expert stated that much of Dorn’s defiance was isolated events, and were largely protective measures. With that, the expert stated that Dorn’s worsening state could not be the result of from his own actions, and was compounded by inadequate care.

The expert concluded the report by stating that it would be beneficial for Dorn to return to his home in order to receive more intensive care for his conditions.

The prosecution argued that the report did not address any change in treatment to Dorn’s current medical agenda, other than the fact that Dorn would receive a superior level of care outside of the jail. The prosecution also stated that Dorn has already been placed on a specialized diet for his conditions.

However, Allburn argued that Dorn’s care recently lapsed after a flare-up in gastrointestinal issues, which resulted in a four-week hospital stay.

The defense told Judge Kravitz that if granted home-confinement, Dorn would first need to visit the hospital in order to receive secondary colonoscopy and endoscopy procedures, and be given a C-PAP machine to treat sleep apnea, which is banned in DC jail.

Allburn also stated that the hospital would need to assign Dorn a specific dialysis treatment center to visit with a caretaker. However, the defense stated that Dorn could learn to administer his own dialysis care at home.

Before Judge Kravitz made his ruling, two of Parson’s family members wished to address the court.

Parson’s father appeared remotely.

“Our lives were shattered in that moment,” the father said. “And let me be clear: my son does not have the comfort of going home or ever taking another breath.”

Parson’s dad also pointed out that his son suffered from three gunshot wounds to the head, and was shot a total of five times.

“Every day we live with the pain and the trauma of this violent matter,” he said.

“I am here on behalf of my sister, who does not have the strength to be here because she is suffering from a broken heart,” Parson’s aunt said. “What he has done to our family, he has destroyed our family.”

With tears in her eyes, Williams told Judge Kravitz that she urged him to put a great amount of consideration into his ruling.

Judge Kravitz thanked both family members for their words, and their voices highlighted the impact of crime in the District, and the human loss at hand.

Judge Kravitz turned to say this issue fell under the bail statute, and told the court that while probable cause had been found against Dorn, he had not yet been proven guilty. With that, Judge Kravitz stated that after reading the medical report, he believed that Dorn was less dangerous to the community than when he was first detained.

Judge Kravitz ruled that Dorin was to return to his home under 24/7 home-confinement with GPS tracking, only to leave his home for pre-approved medical appointments for his various medical needs.

“This is much less about compassionate release, and more about the analysis of the bail statute,” Judge Kravitz said.

Parties are slated to reconvene on Nov. 14.

——————————————————————————————————–Luci Garza

Defendant’s Best Friend Says 18 Marshals Arrested Him to Ensure His Testimony

A homicide defendant and victim’s close friend testified before a jury on Sept. 25, in DC Superior Court Judge Michael Ryan’s courtroom.

Jerrell Smith, 32, is charged with aggravated assault knowingly while armed for the alleged non-fatal stabbing of a victim on June 2, 2023. Court documents are not clear on where the incident occurred but police responded at the United Medical Center on the 1300 block of Southern Ave, SE.

On Sept. 24, a charge of assault with intent to kill while armed was dropped.

In the jury trial, prosecutors called on a witness who identified Smith as a close friend of more than 20 years. The man, who claimed to have been driving the vehicle–in effect the crime scene–highlighted that Smith and the other two passengers that were in the vehicle were like his brothers.

The man explained that the group was on route to a birthday party in Upper Marlboro, MD, when the victim, who sat in the backseat next to Smith, leaned over and said he needed to go to the hospital. The witness said he did not see what exactly occurred in the backseat because he was driving while playing loud music.

However, the witness paid attention to the victim, who appeared to have bled from the neck.

After driving the victim to United Medical Center Hospital at the 1300 block of Southern Avenue, SE, the witness said he was approached by Metropolitan Police Department (MPD) officers who asked for details about the incident.

In a body camera footage shown in court, the witness identified Smith as the individual who he claimed “sliced my brother’s throat.”

The witness claimed that MPD officers told him he needed to sign a consent form allowing them to search his vehicle, otherwise they would impound his car. The witness consented to the search.

The witness said that he was not brought in for questioning until Sept. 24. He emphasized in his testimony, “I did not want to be here today. I did because I got locked up to be here. I did not want to relive the same story. 18 [US Marshals], 6 a. m., put me in a car, drove me to court, and made me sit in a cell all day.”

Prosecutors called on a Metropolitan Police Department (MPD) detective who was an officer when she was dispatched to UMC on the night of the incident.

The detective recalled seeing a blood trail from the entrance of the emergency room that followed to the victim’s room.

The detective stated a security officer who worked at UMC had given her details about the vehicle in which the victim was a passenger, and offered to take her to the vehicle, which was parked towards the end of the parking lot.

The vehicle, which was registered to Smith’s close friend–the witness–had an open trunk and rear passenger door.

After seeing the vehicle, the officer testified she approached Smith’s close friend for an interview. The detective said she did ask for the man’s consent to search his vehicle, but she did not tell him that he needed to sign a consent form.

Upon searching the vehicle, the detective said she saw blood stains on the back passenger seats.

According to the detective, Smith was not present at any time during her investigation at the hospital.

The trial is slated to resume on Sept. 29.

‘How is Taking Responsibility Faking Mental Illness?’ Judge Asks Shooter at Sentencing

DC Superior Court Judge Michael O’Keefe accused a non-fatal shooting defendant of faking mental illness to manipulate the court process during a sentencing on Sept. 26.

Anthrone Cabos, 28, pleaded guilty on Dec. 9, 2024 to aggravated assault and unlawful possession of a firearm with a prior conviction for his involvement in a non-fatal shooting on June 28, 2020 on the 600 block of Condon Terrace, SE. Cabos fired one shot into the victim’s stomach.

As part of the plea deal, parties agreed upon a sentence of four years of imprisonment with three years of supervised release. At sentencing, Judge O’Keefe expressed hesitation with the agreement but allowed parties to present arguments.

The prosecutor requested Cabos serve four years for the assault charge and one year for the possession charge, to run concurrently followed by three years of supervised release. “This is a case that was riddled with evidentiary hurdles” that required lengthy litigation, said the prosecutor, and elaborated that the case was circumstantial and grew weaker over time.

Judge O’Keefe questioned the victim’s opinion about the terms of the plea agreement. The prosecutor said before the plea was offered to Cabos, she spoke with the victim and weighed the pros and cons of proceeding to trial. After extensive deliberation, the prosecution extended the plea because there was a possibility of acquittal and the victim would have had to relive the incident if they proceeded to trial.

According to the prosecutor, the victim did not want to attend the sentencing or provide a statement because she wanted to put the incident behind her. “[The victim’s] physical injuries have healed to some extent [but] the emotional scars will be ones she carries with her forever,” said the prosecutor.

Kevin O’Sullivan, Cabos’attorney, asked the judge honor the plea agreement and sentence Cabos under the Youth Rehabilitation Act (YRA), which allows people under 25 who are convicted of certain crimes to have their convictions sealed or cleared after they successfully complete their sentence and potentially offers sentencing flexibility for the defendant.

O’Sullivan noted Cabos’ early life was “marked by extreme neglect, abuse, and mistreatment.” According to O’Sullivan, Cabos grew up without a father figure and “there’s a documented history of physical abuse at the hands of his mother” that led to his placement in foster care. In foster care, Cabos “was preyed on by the adults who were supposed to be caring for him,” said O’Sullivan.

While incarcerated, O’Sullivan asserted Cabos made steps to address the abuse and “his decision to accept responsibility” was indicative of his growth. He added that Cabos planned to obtain his GED with the ultimate goal of pursuing higher education and succeed in the community.

“How is taking responsibility faking mental illness,” questioned Judge O’Keefe? He continued, “I don’t know why [Cabos] gets any credit for taking responsibility…he’s manipulating the court process. My own belief is that he wanted to stay in DC Jail and did not want to be sent out to the feds.” Convicted DC inmates are sent to the Federal Bureau of Prisons (BOP) to serve their sentences.

According to Judge O’Keefe, the Department of Behavioral Health (DBH) ultimately concluded Cabos malingered during his mental evaluations. Court records indicate Cabos refused to comply with mental observations twice before DBH deemed him competent on Aug. 27.

Cabos admitted he did not want to be sent to the BOP, but argued remaining in the DC Jail did not change the amount of time he served, and it was easier to communicate with his family. “We could have found another way to prolong it, the mental health had nothing to do with it,” said Cabos.

“I was very aggressive, very selfish…I’ve done some things wrong. As a man, I’ve grown tremendously since my incarceration,” said Cabos. “One thing I’ve learned in this incarceration in comparison to my many other incarcerations: It starts here. It’s about moving forward. I’m accepting full responsibility.”

“I’m glad you spoke up because you confirmed you were in fact manipulating the court by pretending that you were mentally ill for your own purposes,” said Judge O’Keefe. “Based on the stuff you’ve been doing, I wouldn’t have thought twice about giving you 20 years. Four years is ridiculous,” said the judge.

Judge O’Keefe noted that while on release for this case, Cabos was arrested for a separate non-fatal shooting and illegal possession of firearms. Despite his frustration, Judge O’Keefe noted the value in resolving the case and lack of objection from the victim.

“I’ll accept the [sentence], reluctantly; I was prepared not to accept it,” said the judge. Judge O’Keefe denied the request to implement the YRA and sentenced Cabos to four years of imprisonment for aggravated assault and two years for unlawful possession, concurrent with each other and followed by three years of supervised release.

During Cabos’ supervised release he will be required to register as a gun offender in DC, complete a mental health evaluation, substance abuse treatment, participate in life skills and violence reduction programs, and stay-away from the victim and incident location.

No further dates were set.

Mass Shooting Defendant Won’t Withdraw Guilty Plea, Sentenced to 3 Years

A defendant in a non-fatal shooting incident alerted DC Superior Court Judge Danya Dayson that he no longer wants to withdraw his guilty plea on Sept. 26, and was sentenced to three years of imprisonment.

On Jan. 22, Jaylaun Brown, 23, pleaded guilty to assault with significant bodily injury and unlawful possession of a firearm with a prior conviction for his involvement in a mass shooting that injured seven people on the 1400 block of 9th Street, NW, on Jan. 21, 2023.

Brown had previously stated he wanted to withdraw his guilty plea, but defense attorney Destiny Fullwood-Singh alerted the court that is no longer his intention and agrees to continue with sentencing.

Judge Dayson imposed a sentence of two years for the assault charge, and a consecutive year for the possession of a firearm charge, totaling three years of imprisonment, with five years of supervised release.

The judge also denied Brown’s request to be sentenced under the Youth Rehabilitation Act (YRA), which would allow his conviction to be sealed if he successfully completed all sentencing requirements. According to Judge Dayson, Brown had previously been sentenced under the YRA for an unrelated matter but failed to comply.

No further dates were set.

Jury Selection in Shooting Defendant’s Trial Delayed Due to Late Evidence

DC Superior Court Judge Danya Dayson granted defense attorneys in a shooting case more time to decide how the prosecution’s late filing will affect their trial strategy on Sept. 30.

Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, five counts of possession of an unregistered firearm, four counts of possession of a firearm during a crime of violence, destruction of property worth $1,000 or more, and carrying a pistol without a license outside a home or business for his alleged involvement in a non-fatal shooting that occurred on the 2200 block of 13th Street, NE on June 3.

The case was slated for jury selections and openings on Sept. 30. However, the prosecution introduced new evidence including a gun box, magazine, and ammunition that was allegedly found in the trunk of Ocran’s Tesla on the day of the shooting hours before the hearing.

It is unclear whether these findings are connected to the 9-millimeter firearm that was used in the shooting.

According to the prosecution, there is a transcript of the victim saying Ocran threatened to get his gun and proceeded to his trunk where the gun box, magazine, and ammunition were stored.

Defense attorneys Elizabeth Paige White and Kevann Gardner expressed concern, explaining that the prosecution did not inform them that they were planning to use this evidence, and how this ultimately impacts the defense’s theory.

Judge Dayson asked the prosecution why this evidence was not shared with the defense earlier.

The prosecution responded, saying the defense was aware of the transcripts from the victim’s testimonies. However, Judge Dayson reiterated that “there is a reason we ask for notice regardless of what is on record.”

Parties are slated to reconvene and discuss these issues on Oct. 1.

Judge Rejects Tougher Restrictions for Carjacking Defendant

DC Superior Court Judith Pipe denied a prosecutor’s request for stricter supervision of a released carjacking defendant on Sept. 30.

Shaquille Pittman, 30, and Regina Christmas are charged with assault with a dangerous weapon, armed carjacking, robbery while armed, three counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, unlawful possession of a firearm with a prior conviction, and unlawful possession of ammunition. These charges stem from their alleged involvement in an incident on the 4300 block of Polk Street, NE on July 18, 2020.

Pittman has been on release since 2021 and during the hearing the prosecution asked Judge Pipe to place Pittman under more restricted supervision. The requested change is because the prosecution believes the severity of the crime and charges warrant the upgrade. The conditions of his current release include reporting to the Pretrial Services Agency (PSA) via phone once per week. He is also not allowed to have firearms or bullets in his possession.

Pittman’s attorney Daniel Kolver disagreed with the prosecution, arguing Pittman has been compliant with his release conditions and consequently no threat. Judge Pipe sided with the defense, effectively denying the prosecution’s request under the belief that stricter supervision was unnecessary.

The parties are slated to reconvene on Nov. 7.

Shooting Defendant Acquitted on 10 of 12 Charges

A jury returned a verdict in the case of a man charged with shooting his cousin before DC Superior Court Judge Carmen McLean on Sept. 24.

Larry Carr, 21, was charged with two counts of assault with a dangerous weapon, assault with intent to kill while armed, aggravated assault knowingly while armed, five counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, and carrying a pistol without a license outside a home/business for allegedly shooting his cousin during a domestic argument. The non-fatal shooting occurred at the 100 block of Ridge Road, SE, on Oct. 22, 2023.

Following less than a day of deliberations, the jury returned a verdict, which found Carr only guilty of possession of an unregistered firearm and carrying a pistol without a license outside a home/business. He was acquitted of all other charges.

During jury trial, the prosecution argued that Carr wanted revenge on his cousin for exposing himself on FaceTime with the defendant’s minor sister. However, the defense argued that Carr’s cousin allegedly initiated the altercation with Carr on the day of the shooting.

Parties are slated to reconvene Dec. 12 for sentencing.

Defense Fails to Suppress Car Charger Jail Calls

An attorney’s argument that excerpts from a shooting defendant’s recorded jail call should not be submitted as evidence fell flat before DC Superior Court Justice Danya Dayson on Oct 1.

Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts assault with a dangerous weapon, four counts possession of a firearm during a crime of violence, five counts possession of an unregistered firearm, destruction of property of $1000 or more, and carrying a pistol without a license outside the home. The charges stem from his alleged involvement in a shooting on the 2200 block of 13^th Street, NE, on June 3.

Parties met to discuss several pretrial motions the day before jury selection. Among the requests was an effort by defense attorneys Elizabeth Paige-White and Kevann Gardner to suppress excerpts from recorded jail calls between Ocran, his brother and girlfriend. In the recordings, they allegedly mentioned the shooting and an earlier altercation over a disconnected electric car charger at a Giant grocery store, which prosecutors allege precipitated the shooting.

Prosecutors also moved to introduce excerpts from an Ocran jail call asking his brother to change his Hotmail password and access videos stored on Ocran’s Tesla.

Prosecutors claimed that the conversation pointed to Ocran’s consciousness of guilt while White and Gardner argued that changing his email password was a sensible thing for anyone in his situation to do to protect sensitive information, financial and otherwise, during an investigation.

White added that Ocran’s brother had asked about accessing the email account and Tesla videos at her behest.

“Part of what I asked for was access to the email to get into the [Tesla] account to access the password,” White said.

Prosecutors said that if White wanted to testify before the jury about the matter, that she would have to recuse herself from the trial.

Judge Dayson ruled to admit the evidence and said that a jury would have to determine for themselves whether the conversation indicated consciousness of guilt or not, adding that the moment Ocran shared information with his brother the conversation was no longer protected under attorney client privilege. She also said that White should have gone through her investigator so that the court could call a fact witness to testify about the circumstances of the conversation.

Parties also discussed whether to admit photographs of a soft gun case and a Smith and Wesson owner’s manual found in Ocran’s home as evidence. Prosecutors informed the court that the physical items could not be located in evidence and moved to submit photographs of the objects instead. Judge Dayson precluded the pictures of the gun case from being entered but allowed the prosecution to enter photographs of the gun manual over objections from the defense.

“You can cross-[examine] on all the things you just raised,” Dayson told Gardner after overruling his objections.

Judge Dayson also said she needed more time to consider Gardner’s arguments about impeaching some of the prosecution’s witnesses over their past convictions, though she delivered an instruction on Gardner’s request that his client be referred to by his name and not simply as “the defendant” throughout the trial.

“I’m going to ask that to the extent that the use of the word ‘defendant’ is relevant or necessary, I’m going to ask that you limit it to that use,” Dayson instructed the court.

“That’s progress, Judge,” Gardner said.

Parties are slated to reconvene Oct. 2 for jury selection and opening statements.

Government Shutdown May Delay Homicide Trial For Want of Jurors

DC Superior Court Judge Rainey Brandt spoke with parties in a homicide trial about the impact of a potential federal government shutdown on the ongoing trial on Sept. 30.

Reginald Steele, 26, is charged with first-degree murder while armed, conspiracy, 10 counts of assault with intent to kill while armed, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, two counts of tampering with physical evidence, and five counts of possession of an unregistered firearm.

These charges stem from Steele’s alleged involvement in four separate shootings, including the murder of 13-year-old Malachi Lukes and injury of another juvenile on March 1, 2020 on the 600 block of S Street, NW. Steele is accused of a separate shooting the same day on the unit block of Channing Street, NE. There were no reported injuries.

The other incidents include a non-fatal shooting that injured two individuals on Feb. 22, 2020 on the 700 block of Farragut Street, NW, and a non-fatal shooting that injured three on Feb. 24, 2020 on the 1700 block of 9th Street, NW.

Steele’s trial that began a month ago, was slated to continue this week, but questions arose about the possible impact of a federal government shutdown on the trial after parties received a preemptive note from a juror. The missive informed the court that in the event of a government shutdown the juror may be involved in shutdown procedures for an affected agency.

A prosecutor said the shutdown procedures may take three-to-four hours, but it’s unclear how much of an impact it would have on the trial.

After polling the jury, the court determined that 11 among 18 jurors are federal employees in some capacity. Even though only one juror submitted a note anticipating the government shutdown’s impact on jury attendance, Judge Brandt felt as though there likely will be more personnel disruptions if legislators aren’t able to come to a last minute budget deal.

Commenting on the ambiguous situation, Judge Brandt questioned what Congress will do.

Parties are set to resume the trial on Oct. 1, but anticipate delays.

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