The Metropolitan Police Department is seeking the public’s assistance in locating or identifying a suspect-vehicle that was utilized in a non-fatal shooting.
Trial Continues Without Jury for Discussions Between Defense and Prosecution
During a trial on April 26, DC Superior Court Judge Robert Okun ruled on objections the defense and prosecution would have when the jury returned.
Gregory Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 23, 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 the death of 10-year-old Makiyah Wilson. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018.
The jury did not sit in Wednesday’s hearing because the parties went over objections, mainly from the defense, which Judge Okun ruled on.
The bulk of the objections revolved around text messages between the defendants. The prosecutor showed screenshots of the conversations between each of the defendants and said they all implicated at least one of the other defendants in each message.
The defense argued the messages held no relevance and were merely speculative because they did not explicitly admit to committing any crimes.
The prosecutor went through the objections for each defendant and Judge Okun ruled in favor of the prosecution the majority of the time, allowing them to introduce the messages as evidence.
Discussions shifted to the charge of conspiracy the defendants are charged with.
The defense argued the evidence the prosecution has presented throughout the trial does not attribute the defendants’ actions to conspiracy.
However, the prosecutor disagreed, citing pieces of evidence she felt connected the defendants all in some conspiracy to the murder.
Judge Okun said he would rule on this matter at the next hearing.
The parties are scheduled to return April 27 to continue the trial.
Murder Case Continues to Give Defense Chance to Look at Plea Offer
During a felony status conference on April 26, DC Superior Court Judge Robert Okun continued a murder case to give the defense an opportunity to look over a plea offer.
Malik Seltzer, 27, is charged with first-degree murder while armed for allegedly shooting Paris Odemns, 37, on Sept. 15, 2021, on the 4000 block of 1st Street, SE.
The prosecutor mentioned a plea offer had been submitted.
Defense attorney Kevann Gardner said he was currently in a trial estimated to last a few weeks, so he requested a hearing sometime in the future to give him a chance to review the offer with his client.
The parties are scheduled to return June 2 for a felony status conference.
Defendant Pleads Guilty for Life-Long Friend’s Murder
Jean Kearney accepted a plea offer from prosecutors April 27 for his involvement in the killing of a father-of-four who was also his life-long friend.
Kearney, 36, was charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and obstruction of justice for his involvement in the shooting that led to the death of 33-year-old Dontra Harris, which occurred on April 4, 2021, on the 1800 block of 24th Street, NE.
Kearney was also charged with assault on a police officer while armed, possession of a firearm during a crime of violence, and possession of a large capacity ammunition feeding device for an assault that occurred on May 13, 2021, as the officers conducted a search warrant for the murder.
The defendant was granted a mistrial after a jury was unable to reach a unanimous decision on the murder and assault charges on March 27. He was found guilty of all other charges.
To avoid enduring another lengthy trial, Kearney accepted a plea offer for second-degree murder while armed in exchange for dismissal of the assault on a police officer charge.
If the judge agrees with the deal, Kearney could be sentenced to 20 years in prison for the murder.
Kearney is expected back for sentencing on June 30.
Defense Requests Transfer of Defendant to New Detention Facility
For months, defense attorneys for a second-degree murder defendant have been requesting he be moved to a detention facility closer to Washington, DC.
Derryck 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 had been found guilty of the charges, but the District of Columbia Court of Appeals reversed that conviction in November 2022. The reversal of the conviction was due to erroneous admission of witness testimony in an earlier trial.
Decuir is currently being held by the Bureau of Prisons (BOP) in Northern Neck Regional Jail in Warsaw, Va. The detention facility is more than 2 hours away from DC.
His defense attorneys have filed various motions to have him transferred to a facility that is within 15 miles of DC, but their efforts were shut down by DC Superior Court Judge Maribeth Raffinan. Judge Raffinan said the denial of the motions is due to her having no jurisdiction over the BOP and their placement of defendants awaiting trial.
Defense attorneys state that their ability to advise Decuir is very limited due to his location. They argue that they have had to pay for legal calls to be able to meet with Decuir, and those calls have been recorded.
They also argue that these calls are breaching his right to confidentiality, and they are hoping the issue will be resolved.
Their motion to have a U.S. Marshal representative present in a hearing to discuss the placement of Decuir will be held by Judge Raffinan at the next hearing to allow her time to have discussions with the presiding judge.
Parties are expected back to discuss the issue on May 11.
Homicide Defendant Accepts Plea Offer
A homicide defendant pleaded guilty to one count of voluntary manslaughter while armed during a status hearing on April 27.
On Nov. 7, 2020, around 2:56 a.m., Metropolitan Police Department (MPD) officers responded to the sounds of gunshots reported on the 3300 block of Water Street, NW. There, they found 19 year-old Franklin Hernandez Arevalo suffering from a gunshot wound. He was pronounced dead on the scene. Police arrested 20-year-old Roberto Cayetano-Mejia for second-degree murder while armed on April 20, 2021.
Rather than receiving the maximum sentence of 30 years of incarceration and 5 years of supervised release, the plea deal would reduce 22-year-old Cayetano-Mejia’s potential sentence to 12 years of incarceration with 5 years of supervised release.
This hearing was held a week after its intended date. On April 20, Cayetano-Mejia was subjected to mandatory quarantine and prohibited from entering the courthouse. His defense counsel, Rachel E McCoy and Kevin C Robertson, requested to push back the status hearing by one week. DC Superior Court Judge Anthony C Epstein granted their request.
Judge Epstein will decide whether to accept the prosecution’s sentencing suggestion before the defendant returns to court. He ordered Cayetano-Mejia to a commitment study under the Youth Rehabilitation Act (YRA). This commitment will put the defendant in the custody of the Attorney General until a suitable sentence is determined.
Cayetano-Mejia is scheduled to return to court on July 21 for a full report and sentencing hearing.
Defense Reveals Strategy In Double Homicide Trial
On April 26, defense revealed its defense strategy by asking the prosecution’s witness about possible perpetrators who were thought to be suspects during a homicide investigation.
Alphonso Walker, 45, is charged with two counts of first-degree murder while armed with aggravating circumstances, two counts of first-degree murder while armed while committing or attempting to commit a robbery, six counts of possession of a firearm during a crime of violence, two counts of attempt to commit robbery and two counts of unlawful possession of a firearm with a prior conviction in connection to the death of Delonte Wilson, 23, and Antone Brown, 44, near the 400 block of 61st Street, NE on April 25, 2018.
DC Superior Court Judge Rainey Brandt had an ex parte discussion with defense counsel, Prescott Loveland and Kevaan Gardner, regarding defense strategy, which the prosecution asked to be allowed to hear.
Judge Brandt told the prosecution that everything that was talked about during ex parte is already at their fingertips and that the defense has the right to not disclose their strategy.
She also stated that she will allow the defense latitude with their third person perpetrator strategy because even the police believed there was another suspect that had the opportunity, motive and means to commit the crime.
“If I do not allow this to happen this will be struck down by the court of appeal,” said Judge Brandt to the prosecution.
A former sex worker, who used to live at the house where the crime happened, prior to it happening, testified. The witness said she was in the house shooting heroin with the owner a few hours before the shooting occurred.
According to the witness, an individual overdosed and died approximately a year prior to the homicide in the same house where the shooting happened.
When Gardner asked about the overdose, the prosecution objected, saying no reports have been found about this incident to support that it actually happened.
Judge Brandt disagreed and stated that just because there was no report it does not mean it did not happen. She allowed the defense to ask further questions, saying it is relevant to the case.
Wilson took over the house from the owner and used it as his drug operation location, according to the defense.
When asked by Gardner, the witness told the jury that Wilson beat up the owner so bad, that his facial appearance changed a month prior to the homicide.
Gardner asked the witness about her ex-boyfriend, who she saw after the shooting in another friend’s house down the street with blood all over him. She stated that he also had Wilson’s cell phones and other valuable items that he collected from the house.
According to the defense, the detective attempted to work with a witness to try to find the perpetrator to question him, but they were not able to bring him to DC after he moved to Virginia shortly after the homicide.
The prosecution then called three forensic scientists who tested evidence collected from the crime scene.
According to the defense, one of the forensic scientists conducted a DNA from Walker to connect him to evidence collected from the crime scene.
The defense then asked her multiple times, to which the prosecution objected, if she was asked to conduct a DNA from any other individuals for the case.
After Judge Brandt overruled the prosecution’s objection, the witness stated that she only collected Walker’s DNA.
Parties are scheduled to return to court on April 27.
Judge Holds Two Non-Fatal Shooting Defendants
During an initial hearing on April 26, DC Superior Court Judge Judith Pipe held a non-fatal shooting defendant the day after his co-defendant’s preliminary hearing.
Eric Cisneros, 32, and Tyland Rollins, 32, are charged in connection to a non-fatal shooting on the 1300 block of 6th Street, NW on April 21. Cisneros is charged with assault with a dangerous weapon and Rollins is charged with unlawful possession of a firearm with a prior conviction.
Defense attorney Christen Romero Philips asked Judge Pipe not to find probable cause. Philips said the complaining witness provided no identification for the shooter besides recognizing that the person was a rapper.
Philips also asked Judge Pipe to release Cisneros, saying he has three children he cares for and serious injuries.
Judge Pipe found probable cause and held the defendant without bail.
Cisneros is scheduled to return to court on May 1.
According to court documents, gunshots were fired at an after-hours party. After everyone was evacuated from the building, Cisneros allegedly shot the victim in the leg.
After the incident, Cisneros said he did not remember what happened and had a pain in his head. He was transported to a local hospital for treatment.
Officers saw Rollins allegedly discard a bag containing a firearm and recovered surveillance footage allegedly showing the defendant accompanied by Rollins and a third suspect shooting the victim, according to court documents.
Probable cause was found for Rollins’ involvement by DC Superior Court Judge Renee Raymond in a preliminary hearing on April 25.
Judge Pipe also held Bryan Turner, 21, who is charged with carrying a dangerous weapon without a license in connection to a non-fatal shooting on the 1300 block of Congress Street, SE on April 24.
According to court documents, Metropolitan Police Department (MPD) officers found Turner suffering from two gunshot wounds in the back. A second victim was found with two gunshot wounds as well.
At the scene, officers recovered a black and tan AR-type rifle. Surveillance footage allegedly showed the defendant in possession of the weapon at the location of the incident.
Turner’s defense attorney asked Judge Pipe not to find probable cause and to release him.
Judge Pipe found probable cause and held Turner without bail.
Turner is also involved in a fugitive matter in connection to an incident in Maryland.
Turner is scheduled to return to court on April 28.
Parties Prepare for Trial to Begin in a 2010 Homicide Case
DC Superior Court Judge Anthony Epstein and attorneys prepared for a homicide trial in a case from 12 years ago.
Isaac Moye, 45, is charged with second-degree murder in connection to the disappearance and presumed death of 24-year-old Unique Harris. Harris was last seen on Oct. 10, 2010, near the 2000 block of Hartford Street, SE. Her body was never recovered.
Attorneys for both parties and Judge Epstein reviewed motions that they have filed in preparation for trial, which is slated to begin on May 22.
One of the motions, filed by the defense, questions the competency of one of the victim’s children, who was 5 years old at the time of the incident, who may testify during the trial. Counsel argued that the individual’s age at the time of the incident, and the child’s mental health issues may affect their testimony.
Judge Epstein told counsel he would make a decision on all motions and allow the parties to interview the above mentioned witness at the next hearing.
Parties are expected back in court on May 12.
Prosecution’s Images of Crime Place Jurors at Scene in Double Homicide Trial
On April 25, three expert witnesses testified regarding their involvement in the investigation of the scene where Delonte Wilson and Antone Brown were killed.
Alphonso Walker, 45, is charged with two counts of first-degree murder while armed with aggravating circumstances, two counts of first degree murder while armed while committing or attempting to commit a robbery, six counts of possession of a firearm during crime of violence, two counts of attempt to commit robbery and two counts of unlawful possession of a firearm with a prior conviction in connection to the death of Wilson, 23, and Brown, 44, near the 400 block of 61st Street, NE on April 25, 2018.
During the testimony of a Metropolitan Police Department (MPD) officer, a forensic scientist, and a forensic investigator, DC Superior Court Judge Rainey Brandt warned both the jury and the audience about sensitive photos.
“Keep your reaction silent,” said Judge Brandt to the audience.
The MPD officer testified to arriving in the neighborhood without knowing exactly where the shooting happened. He stated that while he and two other officers searched for the house, a random man told them what house to go to.
The officer also stated that he was informed of a possible suspect in the abandoned house next door, but the house was not searched because it was not accessible.
Defense attorney Prescott Loveland asked if police eventually searched the abandoned house. The officer said they did not.
Loveland also asked him if the person who told them where the shooting happened was ever investigated.
After being asked by the prosecution to clarify, the officer stated that his first priority was to find and save victims’ lives and not investigate people.
A forensic scientist who responded to the crime scene identified the victims’ pictures taken by her. She also identified three different shell casings, several DNA swabs and fingerprints she collected from inside the house.
Wilson’s sister bursted into tears after a witness described Wilson’s head as being surrounded by a pool of blood.
During cross-examination, Loveland questioned witnesses about items that were not collected or tested.
He asked a witness to tell the jury about the brand and size of the shell casing she recovered.
Witnesses stated that two of the shell casings were 9mm but two different brands, and the third one was not a 9mm.
The prosecution questioned a crime scene investigator about where gunshot wounds were found on the recovered bodies.
The investigator told the jury while pointing at pictures that both Wilson and Brown were shot in the head.
After the defense objected to too many sensitive pictures, Judge Brandt told parties that pictures are gruesome in this case, however, “that does not mean you get to parade every sensitive picture.” She ordered the prosecution to leave out a few pictures.
Parties bickered over a witness’ questioning causing Judge Brandt to send the jury home early.
“This courtroom is not a kindergarten, when both sides start scraping with each other to the point where they can’t hear what the court is saying the court stops listening”, said Judge Brandt to both parties after they continued to talk over each other.
She then asked them to notify her of possible future arguments. “Trying a case by ambush is not my style,” she stated.
The trial is scheduled to resume on April 26.
Protective Order Deeply Troubles Defense Attorney In Homicide Case
A defense attorney expressed deep concerns regarding a protective order in an April 26 homicide hearing.
Alphonso Oliver, 34, is charged with second-degree murder while armed in connection to the murder of 16-year-old Levoire Simmons on the 700 block of Kenilworth Terrace, NE on July 5, 2022.
Defense Attorney Andrew Ain expressed deep concerns about the wording regarding an order protecting Grand Jury witness identifications.
The protective order would keep information, such as these identities, inaccessible for the defendant but accessible to the attorneys.
Ain stated in previous cases, broad wording of protective orders allowed the prosecution to include more evidence than reasonable to the confines under the order. He said he wants to move quickly in this case.
He would not agree to the order and stated that the courts seemed to move slower when the issue was what the defense could share with their client.
Oliver had been released from jail in March 2022 after serving a sentence for an assault with intent to kill conviction from 2011.
A witness in the gallery continuously interrupted the hearing with statements such as “no case” or “lack of evidence” and when leaving the courtroom post-hearing told the defendant, “I gotchu”.
The next status hearing is scheduled for May 23 as the parties continue to discuss plea negotiations.
Non-fatal Shooting Co-Defendant’s Case Delayed Due to Pending Matter
A co-defendant’s case regarding a drive-by non-fatal shooting was delayed due to pending matters in other courts.
Emerson Morales, 19, and Jexon Madrid-Flores, 22, are charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, criminal street gang affiliation and carrying a pistol without a license in connection to a drive-by shooting that occurred on the 5700 block of 14th Street, NW on May 21, 2021.
Madrid’s attorney, John Harvey, told DC Superior Court Judge Michael O’Keefe that the case had been indicted in both superior court and federal district court. The prosecution did not have any new information regarding how that would affect the current case in superior court.
While Judge O’Keefe began setting dates for motions and other pre-trial matters, Harvey expressed concerns regarding the pending matter and its implications on the work being done.
“I don’t wanna spin my wheels. I don’t wanna set dates and do the work if the matter is being dismissed here”, Harvey said.
The prosecution stated there will be a status hearing in the other matter in July that would make the direction of the case clear.
The trial in this case is scheduled for August 2024.
Parties are expected back in court for a status hearing for Aug. 4.
Instagram Videos Key Evidentiary Items In Murder Trial?
Two Metropolitan Police Department (MPD) detectives were shown 12 evidentiary items in court, all of which were taken from Instagram. Defense attorneys argued some items were prejudiced and would unfairly sway the jurors, before the trial began.
Gregory Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 23, 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 the death of 10-year-old Makiyah Wilson. The shooting occurred on the 300 block of 53rd Street, NE on July 16, 2018.
On April 25, counsel argued about the inclusion of social media posts for the questioning of two witnesses, both were MPD detectives who played a part in investigating the case. The defense argued that one of the Instagram posts in question has little to do with the case, but has the potential to sway the jury in a monumental way.
The Instagram post shows MPD officers on the 2500 block of Pomeroy Road, SE, with the caption, “ [middle finger emoji] 12”. The defense said this post gives the impression that the person who posted the picture has prejudice towards the police, giving the illusion that she would withhold information from police during the investigation.
In protest, the prosecution said the Instagram posts are being used to identify people present in surveillance videos from the day of the incident.
DC Superior Court Judge Robert Okun ruled largely in favor of the defense and limited questioning for the witnesses.
Witness questioning lasted less than two hours and included the identification of three other witnesses, including the brother of one of the six co-defendants. These newly identified witnesses are likely to take the stand in the weeks to come.
Trial is scheduled to resume on April 26.
One of Two Co-Defendants Remains in Hospital While the Other Has Hearing
During a preliminary hearing on April 25, DC Superior Court Judge Renee Raymond allowed co-defendants to have separate preliminary hearings due to one being hospitalized.
Eric Cisneros, 32, and Tyland Rollins, 32, are both charged for their alleged involvement in the shooting of an individual on April 21 on the 1300 block of 6th Street, NW. As the defendants attempted to get away, the gun was dropped into a trashcan on the 600 block of N Street, NW.
Cisneros is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence. Rollins is charged with unlawful possession of a firearm due to a prior conviction.
During the hearing, defense counsel said Cisneros would not be able to participate in the preliminary hearing due to a medical emergency.
Counsel agreed, however, parties moved forward with Rollins’ preliminary hearing and will complete Cisneros’ whenever possible.
During the preliminary hearing, a police officer with the Metropolitan Police Department (MPD) testified about Rollins’ alleged involvement in the shooting.
According to the officer, Rollins was allegedly seen placing a firearm into a trashcan by two other police officers. The firearm is suspected to have been used in the shooting allegedly committed by Cisneros a few minutes prior.
Judge Raymond found probable cause of Rollin’s involvement and granted the prosecutor’s request that he be held.
Rollins has a traffic case open, where he has failed to provide minimal information before the deadline.
Rollins is scheduled to return for a felony status conference May 16, and Cisneros is scheduled for a presentment hearing April 26.
Homicide Defendant Waives Rights to Speedy Trial
On April 25, Antonio Jackson alerted DC Superior Court Judge Michael O’Keefe that he would be waiving his right to a speedy trial.
Jackson, 37, is charged with first-degree murder while armed and carrying a dangerous weapon outside of his home for his alleged involvement in a stabbing that claimed the life of 52-year-old Maria Evans. The incident occurred on March 29, 2018, on the 500 block of Oakwood Street, SE.
Jackson waived his rights to a speedy trial due to his involvement in a motion that was filed to discuss issues with jury panels at the DC Superior Court.
The motion, which was filed by more than 50 violent crime defendants, argues that the picking of juries for trials during the COVID-19 pandemic was unfair due to their lack of diversity. Attorneys representing the defendants and the prosecution are expected to continue litigating the issue until the end of the year in front of DC Superior Court Judge Marisa Demeo.
A new trial date was scheduled for February 2025.
Parties are expected back for a motion hearing on May 15.