Defendant Pleads Guilty to Aggravated Assault in Non-Fatal Shooting

A defendant charged with a non-fatal shooting pleaded guilty to two charges during an April 21 felony status conference.

Dasani Dawson, 18, pleaded guilty to one count of aggravated assault while armed and one count of possession of a firearm during a crime of violence. DC Superior Court Judge Anthony Epstein presided over the matter. Dawson was initially charged with assault with intent to kill in September of 2022.

By pleading guilty to a lesser charge, through the agreement, Dawson would likely face a lighter sentence.

If Judge Epstein accepts the sentence recommendation, Dawson will be sentenced to eight years in prison, five years on supervised release, as well as having to register as a gun offender.

The sentence range for aggravated assault while armed is between 4 years and 10 years in prison.

According to court documents, Metropolitan Police Department (MPD) officers arrived on the 800 block of Chesapeake Street, SE, on Aug. 4, 2022. At the scene, officers found the victim suffering from multiple gunshot wounds to the back and jaw. Dawson fled the scene prior to police arriving. He was later arrested on Sept. 8, 2022.

Dawson is currently being held with no bail. The sentencing is scheduled for July 21.

New Trial Date Set for First-Degree Murder Case

Defense Attorney Mani Golzari requested a new trial date for a murder case, during an April 21 status hearing, because he had to reschedule another defendant’s trial.

Wilbert Whitaker, 74, is currently charged with second-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in a shooting incident that occurred in April of 2016.

During the hearing, the prosecution noted that another defendant’s case is marked as high priority and needs to take place as soon as possible due to its status.

According to court documents, police responded to sounds of gunshots on the 800 block of 21st Street, NE and found the victim, Leo Hackett, 30, with multiple gunshot wounds. Hackett was taken to a hospital where he was pronounced dead.

Whitaker is currently released on personal recognizance.

His new trial date is set for Nov. 7, 2024.

This trial, which has been rescheduled numerous times, will be 8 years old by the new intended date.

DC Superior Court Judge Anthony Epstein scheduled the next hearing on July 12.

Judge Declines to Release Non-Fatal Shooting Defendant

DC Superior Court Judge Michael O’Keefe declined to release a defendant in connection to a non-fatal shooting in a hearing on April 21.

Dwayne Dolberry, 41, is charged with assault with intent to kill, unlawful possession of a firearm during a crime of violence, carrying a pistol outside of a home or business, and unlawful possession of ammunition on the 1600 block of Trinidad Avenue, NE on March 2, 2022.

Dolberry allegedly approached the victim, brandished a handgun and fired at the victim, missing him. He then fled the scene.

Dolberry’s brother, 29-year-old Robert Dolberry was indicted with him. He is charged with five counts of obstructing justice and one count of threat to kidnap or injure a person in connection to the incident.

Defense attorney Wole Falodun waived Dwayne’s appearance after he was supposed to appear in court via Webex but was unable to log on.

The prosecution said they got approval to send plea agreements to each defendant.

Robert’s defense attorney asked the judge to release him. She explained that he was only named on the indictment and arrested almost a year after the incident.

Judge O’Keefe said the charges are problematic for both defendants, and he will not release Robert without knowing what the obstruction charge is for.

Robert is scheduled to return to court on May 1 to discuss his release.

Both defendants are scheduled to return to court on June 2 to accept plea agreements or schedule a trial date.

Homicide Defendant Requests to Serve Home Confinement from Florida in 30-year-old Homicide Case

DC Superior Court Judge Michael O’Keefe said he was willing to let a homicide defendant serve home confinement from his home in Florida in a hearing on April 21.

Ron Wright, 48, is charged with first-degree murder while armed in connection to the death of 19-year-old Ricardo Burbano on March 31, 1992, on the 100 block of Q Street, NW. The Metropolitan Police Department (MPD) discovered Burbano’s body wrapped in a plastic sheet and bed comforter with a cord around his neck, thighs, and ankles on the 900 block of Chillum Road in Hyattsville, Md.

According to court documents, the victim’s nose and mouth were covered with blood-soaked duck tape and his head was wrapped in a brown plastic bag. Three of his teeth were missing and his fingernail was also missing but found in his pocket with one-hundred dollars and a safe deposit box key. He suffered 11 blunt force head injuries and two stab wounds to his chest and back.

Defense attorneys David Benowitz and Paulette Pagan asked Judge O’Keefe to modify Wright’s conditions to allow him to serve home confinement from Florida.

Benowitz and Pagan explained that Wright has lived in Florida for 13 years with his wife. Wright also owns two businesses in Florida.

However, the prosecution expressed concern about the lack of precedent for moving a homicide defendant to a different state.

The prosecution also had questions about the Florida agency, since it is contracted. They explained that the court should not “bend over backwards this far” even for someone without any previous criminal history.

Pagan explained that there would be 24/7 GPS monitoring and will a person would send violation and compliance updates to pretrial services in DC, Judge O’Keefe, the prosecution and defense attorneys.

Judge O’Keefe explained that if the defendant “wanted to flee, he could cut off his monitor and flee here.”

He said that home confinement is the same no matter what house Wright is in. So long as pretrial services can agree to receive the information he is “happy to make it work.”

Wright is scheduled to return to court on May 3.

Trial Delays Continue in Double Homicide Case

On April 21, parties continued jury selection on what was supposed to be the first day of trial.

Alphonso Walker, 46, is charged with two counts of first-degree murder 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.

Parties were not able to reach the jurors’ threshold number, out of the beginning 80-juror panel, to go on to final jury selection because too many jurors already set plans for various reasons, including the Memorial Day holiday.

An additional 30-juror panel will report to the court on April 24 for the threshold to be met. The trial is scheduled to start that afternoon.

“This is a process that is tedious sometimes but it guarantees our accused a fair trial,” said DC Superior Court Judge Rainey Brandt to potential jurors before she asked them to return on Monday for final jury selection.

After the jury was dismissed, parties continued to argue over evidence and motions regarding trial.

The prosecution requested a transcript from a secret recording to be allowed to come in as needed during trial with some redaction.

According to the prosecutor, the recording was taken from a conversation between two of the prosecution’s witnesses.

The conversation includes a friend of Walker, who said Walker had told her about the shooting, telling her friend about the conversation and what the defendant told her. The friend secretly recorded Walker’s friend by slipping a phone in her bra, the prosecution stated.

Defense attorney Kevaan Grander objected to the whole transcript, saying it was a hearsay statement and the prosecution has no evidence that what the witness was saying was actually what Walker told her.

Judge Brandt allowed the transcript to be used because it is consistent with the witness’s Grand Jury testimony, and it should be left up to the jury to decide whether or not it’s true.

In addition, Garder requested for all parties to address Walker by his name during trial instead of “defendant” to avoid any bias.

The prosecution objected to this request, saying they have the right to address Walker by ”defendant” because that is his role in the case.

Judge Brandt requested more time to reconsider the oral request because, according to the prosecution, she had already objected to it a few months ago.

Parties are scheduled to return to court on April 24.

Defense Prepares Motion to Continue 2015 Homicide Trial

At a status hearing on April 21, DC Superior Court Judge Marisa Demeo requested that the prosecution put their motion to delay the trial in writing before the court could rule on the matter.

Eugene Burns was convicted of first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in 2017. The case was reopened on appeal in 2020. Burns, 31, allegedly shot his best friend, 24-year-old Onyekachi Emmanuel Osuchukwu III, on Nov. 15, 2015, on the 2900 block of Second Street, SE.

At the hearing, the prosecution stated an intent to continue the trial date, however, the reasoning for the motion would be under seal if Judge Demeo decides to make that ruling after the motion is filed.

The defense stated that they were opposed to the motion in order to protect Burns’ right to a speedy trial, but would continue to wait for it to be filed formally.

The deadline for the motion is on April 26, and the defense must respond by April 28.

The next hearing is slated for May 1.

Defense Intends to Compel Witness to Provide DNA for Testing

At a status hearing on April 21, the defense expressed an intent to compel a witness to provide DNA for testing with the evidence as per the defendant’s request.

Chad Hawthorne is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for allegedly shooting 35-year-old Antonio Bassett on May 22, 2017, on the 3900 block of Pennsylvania Avenue, SE.

During the hearing, defense attorney Jonathan Zucker indicated that Hawthorne, 42, requested that one of the prosecution’s witness’s DNA be tested along with the evidence that had been sent to the lab.

Zucker also admitted that he was unaware of the case law regarding the request as he has never seen anything like this before. However, he said that he is prepared to follow all of the necessary procedures to obtain DNA swabs from the witness.

DC Superior Court Judge Marisa Demeo asked Zucker to discuss the issue further with the prosecution and to submit a proposal given that the witness is unwilling to provide DNA.

The next hearing is slated for Sept. 8 to allow time for DNA testing if the witness complies.

Judge Finds Substantial Probability in Murder Case

On April 21, DC Superior Court Judge Robert Okun found substantial probability that Raheem Gafari committed murder.

Gafari, 32, is charged with first-degree murder while armed for his alleged involvement in the shooting of 24-year-old Davon Sullivan on May 4, 2022, on the 2300 block of Green Street, SE.

Following a continuance of the preliminary hearing from October, Judge Okun alerted the parties that he had found substantial probability that Gafari committed the murder based on the evidence that was presented by prosecutors.

According to court documents, there is a video of the incident that depicts Sullivan and Gafari in an argument. Sullivan can be seen walking away from the altercation, and Gafari is seen shooting him multiple times. He continued to shoot Sullivan once he was on the ground.

Judge Okun stated that the video goes against the defense’s argument that Gafari acted in self-defense.

Due to the nature of the offense and the defendant’s criminal history, Judge Okun is requiring Gafari to remain in jail as he awaits trial.

The case is being transferred to DC Superior Court Judge Michael O’Keefe.

Parties are expected back in court for a status hearing on June 23.

Homicide Defendant’s Probation Show Cause Hearing Dismissed

On April 21, DC Superior Court Judge Robert Okun dismissed River Barfield’s probation show cause hearing due to his compliance with release conditions.

Barfield, 20, is charged with second-degree murder while armed for his alleged involvement in the shooting of 20-year-old Jacky Brooks on the 4100 block of South Capitol Terrace, SW on March 17, 2022.

Prosecutors requested Barfield to be rearrested due to his non-compliance with release conditions. According to court documents, Barfield tested positive for cocaine several times between January and March.

According to pretrial services, Barfield has been in compliance since the last hearing in March and has agreed to participate in a substance abuse treatment program.

The defendant will remain on release awaiting trial as long as he continues to comply with the release conditions.

Parties are expected back for a status hearing on July 7.

Defendant to be Re-Sentenced for Non-Fatal Shooting

A non-fatal shooting defendant is scheduled to be resentenced for failing to comply with his release conditions.

Anthony Cobbs, 35, is charged with assault with a dangerous weapon for his alleged involvement in a shooting that injured one woman on Feb. 22, 2020, on the 3800 block of Minnesota Avenue, NE.

DC Superior Court Judge Michael Ryan issued a warrant for Cobbs’ arrest after his non-compliance with his release conditions. Cobbs was required to complete a treatment program, but failed to do so.

The hearing was continued to allow for a victim impact statement.

Cobbs is expected back in court on April 24 for his re-sentencing.

Judge Sentences Non-Fatal Shooting Defendant to Year and a Half in Prison

On April 20, DC Superior Court Judge Michael Ryan imposed a sentence in a non-fatal shooting that injured two individuals.

Joseph Washington, 21, was convicted for assault with a dangerous weapon and carrying a pistol without a license for his involvement in a shooting that injured two individuals on Oct. 8, 2022, on the 5000 block of Astor Place, SE.

The victims declined to give an impact statement during the sentencing. The prosecutor said the offense had such a negative impact on the victim, they decided to not be in the presence of the perpetrator again.

The prosecution requested the court to sentence Washington to 18 months in prison for assault with a dangerous weapon and 8 months in prison for carrying a pistol without a license.

Washington’s defense attorney, Lauckland Nicholas, said the defendant has changed for the better during his incarceration. Nicholas requested the Judge Ryan sentence the defendant under the Youth Rehabilitation Act, which would seal the conviction after he completes the sentence.

Nicholas also requested the court give Washington the chance to grow, arguing that he is looking forward to becoming a part of his community again.

“I know I made a mistake,” Washington said. “I’m taking accountability for my actions.”

Judge Ryan explained that he does believe there’s capacity for rehabilitation at Washington’s age, and his ability to accept responsibility for his actions is obvious.

Judge Ryan sentenced Washington to 21 months in prison, suspending all but 18 months for the assault with a dangerous weapon.

As for carrying a pistol without a license, Washington was sentenced to 10 months in prison, suspending all but 8 months. These sentences are set to run concurrently, totaling 18 months.

Washington is also required to serve 18 months on probation for both charges, as well as participate in community service.

“You’ve got the potential to do well,” Judge Ryan told Washington.

DNA Testing Pushes Trial Date Back By Nearly a Year

One of three co-defendants in a non-fatal shooting case decided to exercise his right to test evidence for DNA on April 20, approximately one month before the trial was scheduled to begin.

Stefon Freshley, 27, Jamal Matthews, 34, and Darnell Savoy, 23, are charged with conspiracy, two counts of assault with intent to kill while armed, two counts of aggravated assault knowingly while armed regarding a non-fatal-shooting that occurred on Dec 28, 2018, on the 200 block of 54th Street, NE.

The testing would further delay proceedings in a case on a crime committed nearly five years ago.

During an April 4 hearing, Freshley’s attorney, Matthew Davies, said the defendant has decided to independently test evidence for potential DNA, and that it could take up to 16 weeks for the results.

DNA testing would push the trial back by almost a year to April 8, 2024, to accommodate for the time needed to receive the results.

In a previous hearing, Davies requested more time to decide whether they would exercise this right. At that time, DC Superior Court Judge Michael O’Keefe expressed concern that further deliberation would cause a delay in trial.

Two weeks later, that concern became reality.

Savoy’s attorney, Rachel McCoy, told Judge O’Keefe that in light of this new schedule, they are considering filing a motion to sever, exercising Savoy’s right to a speedy trial.

The prosecution said they would object if the motion is filed.

Parties in Felony Case Proceed to Trial

On April 21, a defendant was scheduled for a trial readiness hearing to discuss witnesses for his upcoming trial.

Clement Austin, 38, is charged with carrying a pistol without a license, possession of unregistered ammunition, unlawful discharge of a firearm, and possession of an unregistered firearm. On Feb. 9, 2020, a call regarding the sound of five gunshots was reported to the Metropolitan Police Department (MPD) on the 5800 block of Foote Street, NE.

During the April 21 hearing, counsel said they were ready to move forward with the trial.

The prosecution said they filed a request that allows litigators to seek to exclude certain evidence from being presented to a jury.

The defense said they were prepared to file an opposition to said motion but did not disclose why.

According to court documents, MPD officers arrived on the scene when a woman ran towards them, telling them that her nephew, Austin, was the one shooting. After the officers canvassed the location, they apprehended the defendant.

The woman also told officers that Austin had gotten into a verbal altercation that did not become physical, over cigarettes. He then went to the front of the location listed and brandished a weapon and began to fire the weapon straight up into the air.

The prosecution said they plan to call four to five witnesses, which will take two days to present. The defense plans to take two hours for their case and call zero to four witnesses.

D.C. Superior Court Judge Arthur Errol scheduled three motion hearings for April 27, April 28, and May 1.

Firearms Expert Testifies as Gang-Affiliated Murder Trial Continues

As a six co-defendant murder trial continued on April 20, a firearms and tool-mark expert discussed comparisons between guns that were alleged to be popular in various incidents.

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.

Bullet fragments, shells, and physical firearms spanning multiple shooting incidents were analyzed by a firearms expert who testified that the same guns were used in four incidents.

Five firearms were admitted into evidence, including an AR-15, a .09 millimeter glock, and a .40 caliber handgun.

During cross-examination, the defense questioned if the guns could be BB guns that expel pellets instead of live guns. The witness stated it was possible because he couldn’t tell if the firearms in the photo are real without having one in front of him.

The trial is scheduled to resume on April 24.

Document: Police Investigate Homicide on 19th Street, SE

Detectives from the Metropolitan Police Department are investigating a homicide that occurred on April 21 on the 1500 block of 19th Street, SE.

Officer found 32-year-old Dajuan Blakney suffering from gunshot wounds. He died on the scene.

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