Acquitted First-Degree Murder Defendant Has Sentence Suspended

On August 9, DC Superior Court Judge Michael Ryan sentenced Kaevon Sutton to four years and 11 months, suspending the entire sentence, and 8 months of supervised probation for a gun possession charge.

Sutton, 22, was charged with shooting and killing 22-year-old Aujee Tyler on March 19, 2018 on the 3500 block of Stanton Road, SE. On March 23, he was acquitted by a jury of first-degree murder while armed and possession of a firearm during a crime of violence. However, as part of the same verdict he was convicted of carrying a pistol without a license.

Parties discussed the outcome of Sutton’s trial during the August 9 hearing, with defense attorney Jessica Willis stating that even though the defense said Sutton acted in self-defense, they did not know if that led the jury to acquit Sutton of his most serious charges.

Leading up to the trial, which concluded in March, Sutton had first been confined at the Department of Youth Rehabilitation Services and then at the DC Jail for a total of roughly 4 years and 10 months. Willis said Sutton made the most of the services available to him, earning his high school diploma and dozens of other certificates.

Sutton’s defense team also argued that Judge Ryan should dismiss the carrying a pistol without a license charge, arguing that his acquittal on the more serious charges meant that he should no longer be tried as an adult.

Under Title 16, the US Attorney’s Office is able to charge 16- and 17-year-olds as adults if they commit certain offenses.

Defense lawyers for Sutton said since he was 16 at the time of the incident, had he only been charged with gun possession and not the two greater offenses, he could not be tried as an adult and since he was acquitted of those higher charges, should not be sentenced as an adult. The defense view is that “a child should not be saddled with an adult conviction” and that the legislation sending child defendants to adult courts was “unconstitutional.”

However, Judge Ryan denied the defense’s motion to dismiss, saying that there was little case law to support this position and he didn’t find “it that compelling an argument.”

Judge Ryan alluded to the difficult nature of the case given Tyler’s death and the partial acquittal. He stated that “the purpose has never been to right the wrong” in criminal sentencings, as no sentence could undo Tyler’s death.

Criminal sentences “should deal with the wrongs done to the community,” Judge Ryan said, adding that it is the job of civil courts to address private wrongs.

Both the prosecution and defense submitted documents with the prosecution seeking 36 months of supervised release, unsuspended, and the defense seeking 24 months of supervised release, suspending all but 30 days to allow the supervised release to go on Sutton’s record and make him eligible for the Youth Rehabilitation Act, which would make him eligible to have his conviction set aside in the future.

Both parties acknowledged the sentencing irony, as the maximum imprisonment time for a charge of carrying a pistol without a license is 36 months, which is almost two years less than the 4 years and 10 months Sutton was detained while awaiting trial.

The defense also argued that this long incarceration was punishment enough, with Willis stating that it was “a heart-wrenching tragedy” that Sutton lost 5 years to a jail cell.

Sutton was put on supervised release pending sentencing following his partial acquittal in March.

Judge Ryan said he did not believe either the prosecution or defense’s sentencing suggestions fully followed the law.

In order to impose a sentence he believed fair that followed the law, Judge Ryan sentenced Sutton to 4 years and 11 months, suspending all, crediting his pre-trial detention as time served. He also sentenced Sutton to 3 years of supervised release, suspending all supervised release as well, noting that three years is the recommended amount of supervised release for carrying a pistol without a license while also acknowledging that Sutton had already been detained over the maximum amount of detention time for such a charge.

Judge Ryan then sentenced Sutton to eight months of probation, which is the only time he is further required to serve. He also implemented the Youth Rehabilitation Act, allowing the possibility of setting aside his conviction in the future, if Sutton successfully completes his sentencing requirements.

In addition to serving the remaining eight months of probation, Sutton will also be required to register as a gun offender.

Judge Finds Probable Cause in 2023 Homicide Case

On Aug. 10, DC Superior Court Judge Anthony Epstein held a preliminary hearing to determine if there’s probable cause Daniel Chapman should stand trial for his alleged involvement in a 2023 homicide case.

Chapman, 35, is charged with second-degree murder while armed for allegedly stabbing 43-year-old Antoine Ealey to death on July 22, on the 2300 Block of L’Enfant Square, SE.

According to court documents, Chapman and Ealey were with friends at a car wash early the morning of the crime. Ealey, witnesses say, was acting erratically which triggered an argument in the group. Ultimately, Chapman kicked at Daley three times, and a fight broke out between the two.

A Metropolitan Police Department (MPD) detective testified that shortly after the confrontation, surveillance footage shows Ealey running away with a dark spot on his shoulder that appeared to blood.

The detective said he recovered a knife from Chapman and the medical examiner confirmed that Ealey died from stab wounds.

In cross examination, defense attorney Aubrey Dillon, questioned the detective about the group’s drug use.

According to one of the witnesses, both Ealey and Chapman smoke K2, which is a synthetic form of cannabis and the side effects include erratic behavior as well as hallucinations. The two had allegedly smoked the day before and prior to the incident.

Regarding the surveillance footage, Dillon stated that it was unclear how the fight started, and it appeared that Ealey punched Chapman first.

In the redirect, prosecutors highlighted that Chapman was not injured whereas Ealey trailed blood as he ran away.

Defense attorneys countered that Chapman was the aggressor as he followed Ealey into the alley pursuing a confrontation.

Judge Epstein found probable cause that Chapman committed murder and set the trial date for Feb. 17, 2025.

Defendant in July Non-Fatal Shooting Released for Drug Treatment

On Aug. 9, DC Superior Court Judge Michael Ryan released non-fatal shooting defendant Antonio Harrison on the condition that he participate in a “bed-to-bed” drug treatment program.

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 with a prior felony conviction for allegedly assaulting one victim and firing a gun in front of a total of four victims.

The incident took place on July 17 on the 700 block of 18th Street, NE.

According to Metropolitan Police Department (MPD) documents, Harrison allegedly confronted the first victim, with whom he had a prior relationship, and told her that he “should slap the shit out of” her.

The three remaining victims approached after seeing the altercation, and Harrison pointed a firearm at all four victims before firing the gun multiple times into the sky.

On August 4, Judge Ryan evaluated whether or not Harrison should be released, and determined that release was appropriate if the Pretrial Services Agency (PSA) found that Harrison was eligible for a bed-to-bed inpatient drug treatment, meaning he’s required to sleep at the facility until the program is completed.

Before the hearing on August 9, PSA determined that Harrison was eligible for such a program, and Judge Ryan released Harrison on the condition that he attend and complete the inpatient program.

Parties are next set to appear before Judge Ryan on August 15 to evaluate how Harrison’s placement in the program is progressing.

Shooting at Shelter Draws a Plea Deal

On Aug. 9, Avon Burke accepted a deal to plead guilty to two counts of assault with a dangerous weapon–a gun–in a hearing before DC Superior Court Judge Lynn Leibovitz.

Burke, 51, was charged with two counts of assault with a dangerous weapon for his alleged involvement in a July 9 non-fatal shooting outside of a homeless shelter on the 1300 block of New York Avenue, NE.

According to court documents, a fight broke out between Black and Latino men at the shelter in which bricks and shovels were used as weapons. In the hearing, Burke admitted to firing two rounds into the brawl, striking two victims and causing non-life-threatening injuries.

The terms of the offer included Burke’s pleading guilty to two counts of assault with a dangerous weapon in exchange for a guarantee of no indictment on other charges and a sentence of up to ten years imprisonment.

Judge Leibovitz accepted Burke’s guilty plea and scheduled a date for a sentencing hearing.

Parties will return to court on Oct. 13.

Mother Accused of Murdering Her Baby Waives DNA Testing

On Aug. 9, Faneshia Scott waived her right to independently test DNA evidence before D.C. Superior Court Judge Michael O’Keefe.

Scott, 36, is charged with multiple counts of first-degree cruelty to children with grave risk and first-degree murder while the victim was especially vulnerable due to age, for her alleged involvement in the death of her 16-month-old child Rhythm Fields on the 5400 block of C Street, SE. Fields’ lifeless body was found inside Scott’s apartment on March 21, 2017.

The exact circumstances surrounding Rhythm’s death are unknown. But according to court documents, authorities were called to the scene after concerns were raised about the baby’s well-being. Scott has been on release since Oct. 26, 2018.

At the hearing, the prosecution said they have not tested any evidence for DNA and do not intend to.

Scott’s defense attorney, Steven Kiersh, said this is “not a DNA case” and there is no reason for the defense to test any evidence. Scott waived her right to independent testing before the Court.

The defense said the trial is expected to take two months due to extensive expert testimony, but the prosecution said the length of the trial may be reduced as they continue to review the case.

Parties are expected to return on June 7, 2024, for a trial readiness hearing.

Document: Arrest Made in an Assault with a Dangerous Weapon (Gun) Offense: 1200 Block of Valley Avenue, Southeast

On Aug. 5, the Metropolitan Police Department (MPD) arrested and charged 31-year-old Walik Smith with assault with a dangerous weapon for their alleged involvement in a non-fatal shooting that occurred on June 26, on the 1200 block of Valley Avenue, SE.

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

Document: Update Vehicle of Interest Sought in Homicide Offense: 700 Block of Lamont Street, Northwest

The Metropolitan Police Department’s (MPD) Homicide Branch is seeking the public’s assistance in identifying and locating a suspect vehicle connected to a homicide that occurred on Aug. 3 on the 700 block of Lamont Street, NW.

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

On Aug. 7, the victim succumbed to his injuries. He was identified as 45-year-old Jesus Sanchez.

The suspect vehicle is described as a newer model four door black Mercedes Benz SUV.

Defendant Accepts Plea in Non-Fatal Shooting Case

On Aug. 8, Ryan Parker pled guilty to one count of aggravated assault while armed and one count of carrying a pistol without a license outside a home or business in a hearing before DC Superior Court Judge Erik Christian.

Parker, 23, was charged with assault with a dangerous weapon, possessing a firearm during a crime of violence, and carrying a pistol without a license outside a home or business for his involvement in a March 6 non-fatal shooting on the 3900 block of Minnesota Avenue, NE.

In the hearing, Parker admitted to firing fourteen times at the victim and shooting him in the hand and leg.

Defense counsel John Machado cited a report from the Department of Behavioral Health that found Parker mentally competent to stand trial before discussing a plea offer extended by prosecutors.

The terms of the plea deal required Parker to plead guilty to aggravated assault while armed and carrying a pistol without a license, in exchange for a dismissal of the possession of a firearm during a crime of violence charge.

Judge Christian accepted Parker’s guilty plea and set a date for a full report and sentencing hearing.

Parties will return to court on Oct. 11.

Case Acquitted: In Court, Defendant’s Friend Calls Homicide Victim a ‘Monster’

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

On Aug. 8, a homicide defendant’s friend testified that the murder victim was “a monster” and once tried to attack her with a carjack while she was inside her car.

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

Bryan Tate Jr., 37, was shot three times in the shoulder and hip. He died from his injuries. Defense attorneys say Green was acting in self-defense during a physical altercation with Tate.

Prosecutors called forth Green’s friend, who is also Green’s nephew’s mother. According to her, Green was babysitting her son at the time of the murder.

Prosecutors probed the witness about text messages exchanged between her and Green the night of the homicide. According to court documents, the witness texted Green because she sensed something was wrong and Green replied “should I open and shoot?”

According to the witness, Green’s response had to be a typo because it did not make any sense to her.

The witness also said she had a restraining order against Tate for an incident that occurred in December 2017. She said she went out clubbing with Green when Tate showed up and allegedly tried to start a fight with a man they were talking to.

According to the witness, Tate followed them to Green’s mother’s house, where he smashed through the witness’ car window and tried to hit her with a carjack.

“It traumatized me… I was confused. I was devastated. I didn’t know why he’d do that to me because he was upset with her,” the witness said.

According to the witness, she saw Green briefly after Tate’s death because Green had called her frantically to come pick up the witness’ son. She said she saw some bruising around Green’s neck, but they never talked about what happened that night.

The witness said Tate was a “monster in her eyes” and when prosecutors asked how she felt about his death, she said “I don’t care.”

Her testimony and the trial are set to continue on Aug. 9.

Document: Vehicle Sought in an Assault with a Dangerous Weapon (Gun) Offense: 5200 Block of Just Street, Northeast

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect vehicle connected to a non-fatal shooting that occurred on Aug. 5, on the 5200 block of Just Street, NE.

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

Document: Vehicle Sought in a Homicide: 900 Block of Division Avenue, Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is seeking the public’s assistance in identifying and locating a suspect vehicle connected to a homicide that occurred on Aug. 4 on the 900 block of Division Avenue, NE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male shooting victim. He was transported to a local hospital, where he succumbed to his injuries.

The victim was identified as 31-year-old Vincent Harvey.

MPD described the suspect vehicle as a dark colored Ford Fusion.

Document: Homicide: 1200 Block of North Capitol Street, Northwest

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Aug. 6 on the 1200 block of North Capitol Street, NW.

According to MPD documents, officers responded to the location for the report of a shooting, where they located an adult male shooting victim. He was transported to a local hospital, where he succumbed to his injuries.

The victim was identified as 28-year-old Antonio Brown.

Document: Vehicle of Interest Sought in an Assault With Intent to Kill (Gun) Offense: 700 Block of Lamont Street, Northwest

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and locating a suspect vehicle connected to a shooting that occurred on Aug. 3 on the 700 block of Lamont Street, NW.

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

The vehicle is described as a newer model four door black Mercedes Benz SUV.

Document: Homicide: 100 Block of Wilmington Place, Southeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on Aug. 6, on the 100 block of Wilmington Place, SE.

According to MPD documents, officers responded to the location for the report of a shooting, where they located two adult male shooting victims. One of the victims was found with no signs consistent with life, and the other was transported to a local hospital for treatment of injuries.

The homicide victim was identified as 32-year-old Kevin James.

Juvenile Among 26 Homicide Suspects in July

D.C. Witness tallied 26 homicides and 19 non-fatal shootings in July. All in all, there were sixty victims in these incidents including two that were stabbed to death.

The Metropolitan Police Department (MPD), according to D.C. Witness data, arrested six suspects allegedly involved in six of these homicides and 11 of the non-fatal shootings.

In one case, a 14-year-old has been charged with felony murder while armed of a construction worker, 34-year-old Rafael Adolfo Gomez, on the 2200 block of 6th Street, NW, near Howard University on July 13.

There was a mass shooting on July 5 in which nine people including two juveniles were injured. While no one died in the attack, the victims were sent to area hospitals where they were treated and released.

On July 1 there was a double-shooting on the 500 block of Parkland Place, SE, that claimed the life of 40-year-old Michael Cary, and left another man hospitalized. The MPD is offering a reward of up to $25,000 for information leading to arrest and conviction in the matter.

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