The Metropolitan Police Department (MPD) announced they are investigating a fatal shooting that occurred on Sept. 7 in the 2600 block of Birney Place, SE. The victim, identified as 20-year-old Najii Mercer from Oxon Hill, MD, was found with a gunshot wound and later pronounced dead at a hospital. The case remains under investigation.
DC Superior Court Renee Raymond stated that she had a “problem” with a stabbing case as the prosecution could not produce the weapon during a Sept. 11 hearing, and ultimately dismissed the case.
Anthony Israel, 43, was charged with assault with a dangerous weapon for his alleged stabbing of a store employee on the 2300 block of 18th Street, NW, on Sept. 7.
According to court documents, the incident stemmed from a disagreement between the victim and Israel after the victim accused Israel of stealing merchandise.
The prosecution called a Metropolitan Police Department (MPD) officer who responded to the scene to testify about the investigation.
According to the officer, surveillance footage showed the victim following Israel out of the store and kicking him. The footage shows the men getting into a physical altercation that allegedly ended with the stabbing.
As evidence of the stabbing, prosecution stated the presence of what seemed to be a knife in video footage taken from surveillance footage from the store, an eyewitness testimony, and a pry bar supposedly removed from the defendant at the time of the arrest. However, the prosecution failed to provide tangible evidence, besides written testimony from police.
There was no visible sharp object in the video footage presented by Neveen Hammad, Israel’s attorney. Furthermore, body-worn camera footage taken from the responding officers showed a different story than the prosecution’s–an unsure eyewitness unable to confirm the existence of a knife and a store employee that only experienced what he called “scratches” from the altercation.
Given the limited evidence, Judge Raymond stated that she had a “problem” with the case. “There is not probable cause given all of the evidence I’ve heard.”
She explained that not only was there no probable cause for an assault with a deadly weapon because of the lack of evidence for a sharp object at the scene, but it was also unclear if there was foundation for an assault claim because the store employee was the initial aggressor.
The case was dismissed with no further hearings scheduled.
A defendant in a shooting case waived his preliminary hearing of the evidence before DC Court Judge Eric Glover on Sept. 15.
Daryle Driver, 40, is charged with two counts of assault with a dangerous weapon for his alleged involvement in a shooting at the 100 block of Wilmington Place, SE on July 26.
During the hearing, Adam Harris, Driver’s attorney, alerted the court of his intent to waive the preliminary hearing.
According to the prosecution, Driver allegedly fired multiple rounds into the victims’ house. One of the victims was allegedly able to identify Driver to police via photo as the person who shot into their home.
Harris argued that Driver’s prior criminal record includes no violent crimes and that Driver should be permitted release.
The prosecution argued that the nature of the crime is too serious to allow Driver’s release.
Judge Glover sided with the prosecution, and denied the defense’s request for release.
Parties are scheduled to reconvene on Sept. 29.
A shooting defendant pleaded not guilty to arraignment charges before DC Superior Court Judge Deborah Israel on Sept. 11 after a debate over surveillance evidence.
Daquan Toland, 25, is charged with aggravated assault knowingly while armed, assault with a dangerous weapon, two counts of possession of a firearm during crime of violence, carrying a pistol without a license outside home or business, possession of an unregistered firearm, and unlawful possession of ammunition for allegedly shooting in public on June 2 at the intersection of M and 4th Streets, SW.
During the hearing, Henry Druschel, Toland’s attorney, alerted the court of his intent to plead not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial.
Additionally, Judge Israel denied the defense’s motion to dismiss for failure to preserve Washington Metropolitan Area Transit Authority(WMATA) footage allegedly showing the defendant after his alleged involvement in the shooting. However, in a sanction, she prevented the prosecution from arguing about what happened in places where there. is no footage available.
Druschel argued the WMATA footage showing the aftermath of the shooting could provide insight into Toland’s mental state and could help argue self-defense.
Moreover, Judge Israel requested a “specific piece of information” under seal to look over additional materials before ruling if the defense could have footage from another shooting that occurred a couple days prior.
Meanwhile, the prosecution offered a plea deal to one count of assault with a deadly weapon and a pistol without a license, the prosecution will dismiss all other charges. The defense requested more time to review the proposal.
The parties are slated to reconvene on Sept. 15.
DC Superior Court Judge Todd Edelman sentenced a murder defendant to 20 years in prison on Sept. 12.
Alvin Cruz-Garcia, 27, was convicted by a jury on June 6 of second-degree murder while armed for the fatal beating of Ramon Gomez-Yanez, 38, on March 23, 2021 on the 1500 block of Ogden Street, NW.
According to the prosecution, Cruz-Garcia was urinating close to Gomez-Yanez’s car and the two had a verbal exchange. Then, as surveillance footage shows, Cruz-Garcia fatally beat Gomez-Yanez.
The prosecution argued for the toughest sentence within the 12-to-24 year guidelines, noting the especially brutal nature of the murder. They also said that Cruz-Garcia left the country for Mexico after the incident and did not return for a year.
“During that time, the Gomez-Yanez family had no idea if they would ever get justice,” the prosecutor said.
They also noted that Cruz-Garcia had not expressed remorse or a desire to take responsibility for the death throughout proceedings.
Gomez-Yanez’s brother spoke, telling the court that Cruz-Garcia’s actions caused great grief in his family and the community.
“He killed a father, a brother, an uncle, a son and a nice neighbor,” Gomez-Yanez’s brother said.
Defense attorney Julie Swaney argued for a 12-year sentence, saying that Cruz-Garcia struggles with alcohol and a traumatic past, but has no criminal record. She said Cruz-Garcia’s parents abandoned him when he was young to move to the United States.
Swaney also explained that he is “extremely reserved” and laughs or smiles when uncomfortable, which she described as a nervous tic.
Cruz-Garcia chose not to give a statement.
Judge Edelman expressed concern for Swaney’s argument.
“It’s hard to see what in Mr. Cruz-Garcia’s life trajectory led to this,” he said.
Judge Edelman underscored the brutality of the incident, describing it as “almost intimate” and “entirely senseless.”
Judge Edelman sentenced Cruz-Garcia to 20 years in prison followed by five years of supervised release. He has 30 days to appeal.
No further dates were set.
An attorney for a murder defendant told DC Superior Court Judge Todd Edelman that he will likely pursue an insanity defense on Sept. 12.
Ronzoni Jackson, Jr., 26, is charged with two counts of first-degree murder while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior crime of violence. The charges stem from his alleged involvement in the fatal shootings of 28-year-old Octavio Quintano and 35-year-old Osmine Quintano on Dec. 12, 2023, at a liquor store on the 2300 block of 4th Street, NE.
According to court documents, the suspect was initially identified through distinctive facial features captured on surveillance footage.
Defense attorney Sellano Simmons said that the defense has an expert who will evaluate Ronzoni to determine whether to use an insanity defense during trial. The prosecution also said they want a Department of Behavioral Health (DBH) evaluation to determine if Jackson can be held criminally responsibile before trial.
Judge Edelman emphasized the importance of the defense expert’s meeting the Oct. 1 deadline for their report.
Parties are set to reconvene on Oct. 3.
The Metropolitan Police Department (MPD) announced they are seeking assistance in locating a suspect involved in a shooting on Sep. 15 in the 200 block of N Street, SW. No injuries were reported, but surveillance captured images of the suspect and a person of interest.
The Metropolitan Police Department (MPD) announced the arrest of 20-year-old Carlton Simon, who is alleged to be involved in the fatal shooting of 17-year-old Angel Ernesto Dominquez on May 29 in NW, DC. Simon has been charged with Second Degree Murder While Armed.
The Metropolitan Police Department (MPD) announced the arrest of two juveniles, Kelvin Thomas and Jailen Lucas, both 17, in connection with the homicide of 21-year-old Eric Tarpinian-Jachym, which occurred on Jun. 30 in the 1200 block of 7th Street, NW. A third suspect, 18-year-old Naqwan Antonio Lucas, is being sought for First Degree Murder while Armed. The incident also involved 1 surviving victim, an adult female, and a 16-year-old male who were injured but survived.
The Metropolitan Police Department (MPD) announced they are investigating a fatal pedestrian crash that occurred on Sept. 6 on the 1100 block of Eastern Avenue, NE. Angela Boston, 40, was struck by a black SUV with tinted windows, which fled the scene. Despite being transported to a hospital, she succumbed to her injuries. Detectives from the Major Crash Investigations Unit are leading the investigation.
DC Superior Court Judge Errol Arthur granted prosecutors more time to issue an indictment against a carjacking defendant despite objections from the defense on Sept. 12.
Devon Rogers, 26, is charged with armed carjacking and a misdemeanor count of receiving stolen property for his alleged involvement in an incident on May 23 on the 800 block of 7th Street, NW.
According to court documents, multiple suspects removed two victims from their car and assaulted them by hitting them with guns. The suspects then stole their belongings and drove away in the car.
Prior to the hearing, prosecutors filed a motion to postpone the trial, which was scheduled to begin on Sept. 18 and requested a 45-day extension of the indictment deadline. Initial charges were filed against Rogers on May 24 and prosecutors failed to meet the 90-day indictment deadline on Aug. 22.
Gregg Baron, Rogers’ attorney, opposed the extension and requested that the case be dismissed, arguing that the prosecutor was not ready for trial and missed the deadline.
Judge Arthur denied Baron’s request for dismissal, granted the prosecution’s extension, and said there was good cause for the extension due to reasons discussed at the bench.
In addition, Judge Arthur granted Baron’s request to withdraw from the case due to personal reasons. Baron asked the judge to appoint Bryan Bookhard and noted Rogers spoke highly of him and that they had a past relationship.
Bookhard was present at the hearing and Judge Arthur asked if he would be ready for trial on Sept. 18. Bookhard responded, “I don’t even know the charges.” Judge Arthur then informed him of the extension and said, “It just flew right past you.”
In light of the delayed trial, Baron requested Rogers’ release to prevent him from “languishing in jail while what the [prosecutor] is doing plays out.” To support the release request, Baron noted Rogers has employment opportunities, is involved in DC Public Schools as a mentor and tutor for students, and has a place to stay if released.
Judge Arthur said he will consider arguments regarding Rogers’ release at the next hearing.
Parties are scheduled to reconvene on Sept. 18.
An eyewitness to a 13-year-old boy’s murder testified during a trial before DC Superior Court Judge Rainey Brandt on Sept. 10.
Reginald Steele, 26, is charged with conspiracy, first-degree murder, 10 counts of assault with intent to kill while armed, assault with a dangerous weapon, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, five counts of possession of an unregistered firearm, and two counts of tampering with physical evidence.
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’s accused of a separate shooting the same day with no reported injuries on the unit block of Channing Street, NE.
The other incidents Steele is accused of 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.
During the second week of Steele’s trial, prosecutors called an eyewitness to Lukes’ murder to testify. Around 2 p. m. on March 1, the witness recalled driving home from church when two men exited the car in front of her and shot into a crowd of boys in an alley. According to the witness, both shooters immediately extended their arms with guns as they exited the car.
“It was like a clown car,” said the witness. She described the men as large in comparison to the vehicle and said they folded themselves to get back in after the shooting.
Following the shooting, the eyewitness said she followed the suspects in an attempt to photograph their license plate, but could not unlock her phone in time. However, she recalled the vehicle as a small tan brown four-door hatchback with a Maryland license plate.
Jurors heard the 911 call from the eyewitness minutes after the shooting in which she said “They opened the doors and they just started shooting…I’ve never seen anything like that in my life.” She continued in disbelief, “Oh my, God…this stuff happens on TV.”
The eyewitness confirmed with prosecutors that no obstructions blocked her view of the shooters. She described them as male because of their build and race as Black or brown but clarified that she only had a clear view of the shooter that exited from the back of the vehicle because he was closest to her.
Megan Allburn, Steele’s attorney, questioned the distance between the witness and the suspect vehicle, which the witness described as one car-length. Next to the jury, Allburn stood about a car-length away, with her side-profile toward the witness. Allburn asked if the witness could see if she had facial hair or glasses and the witness confirmed that she had neither.
Prosecutors confirmed with the witness that the closer shooter wore a hoodie which is why she could not discern facial features.
The prosecution also called an investigator from the Metropolitan Police Department’s (MPD) electronic surveillance unit who recovered video evidence. The investigator gathered videos from a BP gas station on the 3400 block of Georgia Avenue, NW and from Trinity Towers on the 3000 block of 14th Street, NW.
The BP surveillance from March 1 at approximately 12:53 p. m. showed a silver four-door vehicle pull in front of the gas pumps. The investigator noted that two people exited from the front seats of the vehicle and entered the lobby of the BP. Then, they exited the gas station, got back into the car, and drove off.
Prosecutors noted the vehicle had markings on the back passenger-side panel.
The investigator said there were no dates or times on the Trinity Towers surveillance videos. In the videos, two men exited the building, one walked south on 14th Street and the other entered the driver’s side of a vehicle. The witness could not discern if it was the front or back of the car.
Gemma Stevens, Steele’s other attorney, noted that the investigator never checked the video time stamps to real time. The investigator also confirmed that he could not see into the car on the videos from either location.
A forensic scientist from the Department of Forensic Sciences (DFS) also testified who responded to the 500 block of Lamont Street, NW on March 4 and captured photos of a Kia Soul with a Maryland License plate. Prosecutors showed photos taken by the witness including a big sticker behind the rear passenger door that read “getaround.com”.
According to the forensic scientist and the photos, the Kia also had a damaged tailgate, blue tape holding up the passenger mirror, and two parking tickets on the windshield.
Parties are scheduled to continue the trial on Sept. 11.
DC Superior Court Judge Jennifer Di Toro imposed a suspended sentence for a stabbing defendant on Sept. 9.
On July 17, Starleash Clyburn, 36, pled guilty to the attempted assault with a dangerous weapon (ADW) for her involvement in a stabbing that occurred on the 2700 block of Langston Place, SE, on March 24.
Through the deal, Clyburn also pleaded guilty to simple assault for her involvement in an unrelated domestic violence incident.
The prosecution argued for 12 months of incarceration for the assault with a dangerous weapon charge and 180 days for the simple assault charge. They noted that the defendant had stabbed another individual while on pretrial release and had not complied with drug testing in the past. They also cited a misdemeanor charge from 14 years ago, arguing that Clyburn cannot be compliant.
Clyburn’s defense attorney, Karen Minor, argued for a six-month suspended sentence and an additional 90 days for the assault with probation.
According to Minor, Clyburn had followed many of her pretrial conditions faithfully, was receiving mental health treatment, and had taken multiple courses while in jail, including anger management, critical thinking, and substance abuse.
“These 89 days, I’ve learned a lot,” said Clyburn, after reflecting on her time in jail.
Judge Di Toro imposed a 12-month suspended sentence with 12 months of probation and 2 years of supervised release.
Judge Di Toro also ordered a $100 contribution to the victims’ fund, a psychological evaluation for anxiety issues, and a substance abuse evaluation for the AWD charge.
Clyburn received an additional 90-day suspended sentence and 12 months concurrent probation, along with an order to pay an additional $50 to the victims’ fund for the simple assault charge.
No further dates were set.
A carjacking defendant was sentenced before DC Superior Court Judge Robert Salerno on Sept. 15.
On July 8, Markese Lewis, 31, pleaded guilty to assault with intent to commit robbery for his involvement in the carjacking of an Uber driver on the unit block of Banner Lane, NW, on May 31.
At sentencing, defense attorney Patrick Nowak provided a letter that Lewis wrote for the court. Judge Salerno took a few moments to read the letter that Lewis wanted to be read silently.
The prosecution explained that the victim chose not to present a victim impact statement in court and stated, “the victim continues to be afraid, serving as a rideshare driver.”
Additionally, the prosecution mentioned that Lewis had a 2022 misdemeanor case in which he was involved in the assault on a DC bus driver.
During that incident, Lewis allegedly forced the bus driver out of the bus and onto the ground. According to the prosecution, there were co-defendants who participated in the assault. The prosecution highlighted how Lewis was under supervision during the time of the assault.
The defense argued that during the carjacking there was no physical contact between Lewis and the Uber driver, and that he only caused damage to the inside of the front driver side door.
Evidently, the defense was not opposed to the prosecution’s order of restitution to pay for the Uber driver’s property damage.
Additionally, Nowak emphasized, “Mr. Lewis has been tortured at the DC Jail.” Lewis’ family, who was present in court, had sent letters explaining how Lewis had struggled with grief, developed alcoholism, and dealt with the trauma of isolation while in jail, according to the defense.
Essentially, the defense wanted the court to impose a period of probation for Lewis and asked that their main focus be rehabilitation.
Lewis was sentenced for the charge of assault with intent to commit robbery. The sentence consisted of a confinement of 24 months, with three years of supervised release.
Additionally, Lewis was ordered to pay a restitution amount of $1,500.
No further dates were set.
The Metropolitan Police Department (MPD) announced the arrest of 44-year-old Earl Harris of SE, DC, in connection with a shooting incident on Aug. 21. Following a minor vehicle collision on the 1600 block of 23rd Street, SE, Harris allegedly fired multiple gunshots at the victim, who was not injured. Harris has been charged with Assault with Intent To Kill.
