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Homicide Defendant Waives Right to Independent DNA Testing of Evidence 

On May 12, a murder suspect waived his right to independently test DNA evidence from a crime scene. 

Howard Fritts, 56, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 46-year-old Charlie Miller on the 900 block of 9th Street, NW, on May 29, 2022. 

Jacqueline Cadman, defense attorney for Fritts, told the judge the defense would not be going through with independent DNA testing. 

DC Superior Court Judge Rainey Brandt reminded the defendant that if he waived his rights now he couldn’t request to test evidence at a later date. 

“This man in front of me is not the same man from months ago,” Judge Brandt said when discussing Fritts’ improvement in the community. 

Cadman said Fritts had started his own business, and had named it based on a comment the judge had made at a previous hearing. 

According to Cadman, Judge Brandt had told Fritts to bring his life back around like Frosty the Snowman. Because of this, Fritts named his home improvement company Frosty’s Home Improvement, and their motto is “Bringing Things Back to Life.” 

Fritts will remain on release as he awaits trial or disposition. 

Parties are expected back on Dec. 11.

Judge Shows Support to Murder Defendant’s Compliance

On May 12, DC Superior Court Judge Rainey Brandt showed her support and pride in a murder defendant’s full compliance with court-ordered release conditions. 

William Davenport, 30, is charged with first-degree murder while armed for his alleged involvement in a shooting that claimed 27-year-old Leonard Turner’s life. The incident occurred on May 14, 2021, on the 1700 block of Trinidad Avenue, NE. 

Davenport’s pretrial services agency (PSA) case manager alerted the court that, aside from a few positive drug tests, he had remained in full compliance of his release conditions, which include the high intensity supervision program (HISP), random drug testing, and GPS monitoring. 

Prosecutors argued the defendant’s continued positive tests for illegal substances is worrisome, given the fact that the murder he is charged with occurred in part because of drug use and selling. 

Judge Brandt told the parties that she recognized Davenport is still testing positive for drugs on occasion, but that he has a few things to his credit that outweighs the positive drug tests, including his successful completion of a residential drug treatment program as one of them. 

“It may take a little bit longer to beat this, but you’re going to kick it,” she said. 

Parties are slated to return on Dec. 11 for a status hearing.

Defense Continues Arguments on Rap Lyrics in Multi-Defendant Homicide Trial 

On May 10, defense attorneys for Gregory Taylor continued arguments about rap lyrics the prosecution insists showed the defendant’s affiliation with a street gang in front of DC Superior Court Judge Robert Okun. 

Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 22, 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 10-year-old Makiyah Wilson’s death. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018. 

On Wednesday, defense attorneys for various defendants continued the cross examination of Taylor’s music manager on his knowledge of well-known rap lyrics. 

According to the witness, the lyric “been with the same gang since I was lil” is well known from one of famous rapper Lil Baby’s songs. 

These lyrics, among others, were utilized by various defendants on their social media when they posted images of them and their co-defendants and friends. 

The defense used the questioning of the manager to argue that some of the statements made by the defendants in text messages and Instagram posts were just quotes from famous rap songs, and insisted they were not trying to insinuate they belonged to a street gang, like the prosecution argued. 

Jonathan Zucker, defense attorney for Taylor, called up one of Taylor’s old childhood friends to discuss one of the last times he saw the defendant. 

According to the witness, he invited Taylor to a cookout three days before the deadly shooting in Clay Terrace. The cookout occurred in the Lincoln Heights neighborhood, right across the street from the scene of the July 16 attack. 

Thomas and Michals were also in attendance at the cookout, but, according to the witness, none of the defendants ever wandered onto the Clay Terrace area. 

A homicide detective also testified regarding his knowledge of individuals in the Wellington Park community, including those affiliated with the street gang. 

According to the detective, he kept a personal notebook of various individuals he had come into contact with during his stint patrolling and investigating the area. 

Taylor was not one of the individuals he kept a record of, he said. 

Following the detective’s testimony, Zucker rested Taylor’s case. 

Trial is slated to resume May 15.

Defense Asks for Murder Case Dismissal Based on Withheld Evidence

Lewkus Turner’s  murder trial before DC Superior Court Judge Maribeth Raffinan was delayed on May 11 by an earlier motion to dismiss the case.   

Turner, 29, is charged with second-degree murder for allegedly shooting 26-year-old Vincent Gyamfi on Dec. 11, 2020, on the 2900 block of S Street, SE.

Turner’s attorneys submitted a 20-page brief to Judge Raffinan on May 9 asking her to dismiss the indictment with prejudice alleging the prosecution failed to turn over five video CCTV surveillance recordings from the Metropolitan Police Department (MPD) cameras.  The evidence, says the defense, was kept from them for nearly three years.

According to the motion, “In the videos counsel has new leads that could have led to additional witnesses.  Moreover, much of the video contradicts information previously disclosed.”  The motion to dismiss also suggests that Turner may enter a plea of self-defense if the matter goes to trial.  

The issue was discussed in a pre-trial hearing before Judge Raffinan on May 11.  Turner’s lawyer, Jason Clark, called the prosecution’s conduct “appalling,” saying it was guilty of “gross negligence.”  Clark also said the MPD’s handling of the evidence was “terrifying.” 

In trying to explain the lapse, the prosecutor said that detectives “weren’t trying to hide the ball” but acknowledged fault and that his office was trying to address the issue.  

The defense is asking the judge to impose a series of “severe sanctions” against the prosecution ranging from special instructions to the jury about the unrevealed evidence all the way to releasing Turner outright.  

Judge Raffinan noted that because information was withheld, the defense didn’t get to know about other witnesses to the incident.  She said she plans to rule on the defense motion in a hearing on May 15 at 10 a.m.

Suspect in Armed Robbery Incident Considers  Plea Deal

In a brief appearance before DC Superior Court Judge Maribeth Raffinan on May 11 Jinmar Fuentes said he wanted two weeks to consider a plea agreement.

Fuentes, 22, is charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, assault with a dangerous weapon and possession of a firearm during a crime of violence in an incident that occurred on the 1400 block of V Street, NW on July 31, 2022.

According to court documents, Fuentes approached a man in an apparent robbery attempt and shot the victim three times.  He was transported to George Washington Hospital where he required two gallons of blood to survive.  

Judge Raffinan set the next hearing date in the case for May 23. 

 New Trial Date Set for Long Time Suspect in Teen Murder Case

DC Superior Court Judge Maribeth Raffinan set a trial date of Sept. 30, 2024, for Derryck Decuir hoping to resolve a longstanding murder case. 

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 was previously convicted, but the District of Columbia Court of Appeals reversed the verdict in November 2022, finding inappropriate testimony was admitted during the trial. 

In a May 11 hearing Judge Raffinan discussed the logistics of moving Decuir closer to the district to prepare for his new trial.  He is currently in Northern Neck Regional Jail in Warsaw, Va in the custody of the US Marshal service. The detention facility is more than two hours away from DC. 

However, Judge Raffinan acknowledged finding a suitable location for Decuir is challenging because of his behavioral issues and conflicts with other inmates.  One possible solution, she said, is bringing Decuir to the DC jail for intermittent stays.  

Judge Raffinan set June 7 at 9:30 a.m. for the next status hearing in the case. 

Document: Homicide: 900 Block of Decatur Street, Northwest

The Metropolitan Police Department (MPD) is seeking the public’s assistance with information regarding a fatal shooting that occurred on May 10, on the 900 block of Decatur Street, NW.

The decedent has been identified as 24-year-old Aaron Derricott, Jr.

Judge Admits Error and Declares a Mistrial in Five-Year-Old Homicide Case

DC Superior Court Judge Rainey Brandt admitted she erred in not telling jurors that testimony from a  key prosecution witness in a double murder trial was “inadmissible hearsay.”  “I will fall on a sword,” Judge Brandt said as she declared a mistrial in court on May 10.  

Alphonso Walker, 45, is charged with two counts of first-degree murder in connection with the deaths of Dalonte Wilson, 23, and Antone Brown, 44, near the 400 block of 61st Street, NE, on April 25, 2018.  Walker has been held in the DC Jail since December 2018. 

At issue was a statement made in trial by the witness on May 9 about a phone conversation she had with an individual who allegedly knew about the crime:  “Your date ( implied to be Walker) shot Minimoe and BeyBey (implied to be nicknames for Brown and Wilson).”

Walker’s defense lawyers said this was prosecutorial misconduct on the grounds the witness was simply relating what she heard and the comment had no basis in fact.  At that point, Judge Brandt adjourned the proceedings.  

In court on May 10, defense lawyer Prescott Loveland argued, “Inadmissible hearsay has gotten before the ears of the jury.”

Loveland also charged that the prosecution tactic took him by surprise and compromised Walker’s chances of getting a fair trial.  “Mr. Walker is fighting for his life,” declared Loveland who demanded the judge declare a mistrial with prejudice. 

While refusing to do so, Judge Brandt underscored the defense’s point saying, “This trial is about Mr. Walker and his constitutional rights.”

For its part the prosecution said it wasn’t trying to “sneak something in” and didn’t realize that “havoc” would result from the disputed testimony.  Judge Brandt called the prosecution’s actions a “gaffe” and that the situation put them on the “hot seat.” 

During the remainder of the session defense and prosecution lawyers sparred over how Judge Brandt could instruct the jury to reconsider the testimony without prejudicing the case.  One option was to tell the jury to ignore the witness’s testimony altogether or just part of it; either way prosecutors felt it would hurt their argument.

When an impasse was obvious, Judge Brandt declared a mistrial and set a conference to discuss a new trial for May 12 at 10 a.m.

Meanwhile, family members for both victims were present during the session, and Brown’s sister told D.C. Witness she considered the trial a “S***show from the beginning” and was disappointed by the outcome, which has taken nearly a year.  However, she said she plans to attend the new trial hoping for justice.

Defense Begins Case in Multi-Defendant Trial 

On May 8, defense attorneys for six defendants began arguing their case in a three month long homicide trial. 

Gregory Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 22, 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 10-year-old Makiyah Wilson’s death. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018. 

Errin Scialpi, defense attorney for Michals, questioned the defendant’s ex-girlfriend about her delayed plans with Michals on the day of the homicide. 

She said they were supposed to get together after she got off work that afternoon. At around 9:00 p.m., she alerted Michals, through text, that she was running behind. She then asked him to pick her up late in the evening to spend the night together. 

Michals, she said, picked her up after 11 p.m., in a car with a driver she didn’t know.

However, she admitted she had no clue what Michals had been doing throughout the day of the murder since she was at work. 

Following the testimony of this witness, Michals’ attorneys rested their case. 

Taylor’s attorney, Jonathan Zucker, questioned Taylor’s former music manager about his involvement in Taylor’s music career in the years leading up to his arrest. 

Theodore Pigford, 26, better known as “30 Glizzy,” was Taylor’s rapping partner. Pigford was shot and killed in Baltimore in September 2017.

According to the witness, he only worked with 30 Glizzy and Taylor, whose stage name is “Gizzle.” He helped sell their image based on what their audiences liked and what they would pay for. 

Gizzle released various songs and mixtapes, and collaborated with various rappers who perform in the District of Columbia, Maryland and Virginia. 

In cross examination, prosecutors asked about the content of Taylor’s music videos, which portray various guns, wads of money, and sometimes narcotics. Several of his co-defendants made appearances on these videos. 

According to the witness, the props in these videos could be fake, as the rappers are only trying to sell a “gangster” image to their audience. 

When questioned about the relevance of this witness, Zucker said his testimony showed that Taylor portrayed himself as a gangster to get a bigger audience, and that a lot of the statements made by the defendants and mentioned by prosecutors were only song lyrics. 

All parties are expected back in court on May 10 to continue defense’s arguments.  

Defense Files for Mistrial in Double Homicide Case

On May 9, defense attorneys for murder suspect Alphonso Walker filed for a mistrial alleging  misconduct after prosecutors elicited a potentially prejudicial statement from a witness.

Walker, 45, is charged with two counts of first-degree murder in connection to the deaths of Dalonte Wilson, 23, and Antone Brown, 44, on the 400 block of 61st Street, NE on April 25, 2018. 

The prosecution said the witness built a relationship with Walker in the years leading up to the double homicide. She  is currently at DC Jail under a probation hold because of alleged parole violations as well as being a material witness after her refusal to accept the subpoenas for this case. 

According to the witness, she and Walker used to meet up two to three times a week to engage in sexual acts. She also said she knew both victims for a long time, as they helped her when she struggled with addiction and homelessness since she was 14. 

She testified to the court that, on the night of the homicide, she received a phone call from a friend stating “Your date killed BeyBey and Minimoe,” which are nicknames for the victims . 

Prescott Loveland and Kevann Gardner, defense attorneys for Walker, motioned for a mistrial because they say prosecutors intentionally elicited a statement from the witness insinuating that Walker was the one who shot both individuals based on hear say.

Loveland argued that the prosecutors may be trying to cause a mistrial because they are worried about the effectiveness of their witnesses’ testimony.

The defense said if a mistrial is not granted, they want a jury instruction that statements they heard from the witness are false statements, the conversation she mentioned never occurred, and that the government intended this to happen by coaching the witness before she took the stand, leading her to state that the defendant committed the crime. 

The prosecutors argued that giving that type of instruction to the jury would be lying to them, and that it is the court’s job to ensure that the jury has the facts to this case at their disposal. 

DC Superior Court Judge Rainey Brandt stated she would not be giving that type of instruction, but rather gave the parties the day to find case law that supports their arguments as to how to move forward. 

Ultimately, the judge declared a mistrial in the case and asked both parties to attend a conference on May 12 at 10 a.m. to discuss next steps.  

Defense Attacks Credibility of Expert Gun Witness in Double Murder Trial

Whether a weapon introduced as evidence matches the gun used to kill two murder victims was hotly debated during an ongoing trial before DC Superior Court Judge Rainey Brandt on May 8. 

Alphonso Walker, 45, is charged with two counts of first-degree murder in connection to the deaths of Dalonte Wilson, 23, and Antone Brown, 44, near the 400 block of 61st Street, NE on April 25, 2018. Walker has been held in the DC Jail since December 2018. 

Prosecutors called a firearms consultant to make their case.  The forensics analyst explained how he test-fired a nine-millimeter semi-automatic pistol and compared the results to spent bullets and fragments collected after the crime.

The weapon identification is based on microscopic observations in the ballistic material called “class characteristics” and “random imperfections,” the expert said.  In other words, some things that all bullets have in common such as lines and grooves and how they’re subtly modified when a round is fired.

In a summary slide, the expert concluded the gun he examined “may have fired” the recovered fragments, and there is “strong support” for that conclusion.

Walker’s defense attorney Prescott Loveland pressed the witness about the certainty of his identification given that nine-millimeter ammunition is the world’s most popular type and bullets share common characteristics–something the witness acknowledged.

During earlier questioning by the prosecution, the ballistics expert used a series of split slides comparing his spent test bullets on one side to the shell casings and bullet fragment evidence on the other.  

During cross-examination, Loveland asked the expert to make repeat identifications of the images.  The expert admitted he misidentified one of the slides.  “People make mistakes,” said Loveland.

The witness said he’s made thousands of weapon identifications for law enforcement agencies including prosecutors in the DC Superior Court.

Meanwhile, a DC medical examiner testified that Brown died as a result of three gunshot wounds while Wilson was killed by a single bullet wound to the neck.  The jury viewed the autopsy photos.

Earlier in the day the trial was delayed because of an alternate juror’s concern that someone in the courtroom was sending non-verbal signals to Walker.  Judge Brandt said she was “flabbergasted” by the revelation and Walker’s defense team denied he had any part in the action.  However, Walker’s lawyers were concerned that the juror might have developed a bias against their client.  

After interviewing the juror, Judge Brandt moved him from the first alternate position to the last alternate position to resolve the issue.

The prosecution says it will conclude its case next week.  The trial is scheduled to continue on May 10..

Murder Suspect Fails to Show for Court Hearing

Dwayne Brooks, 25, failed to show up for a scheduled 9:30 a.m. felony status conference before DC Superior Court Judge Maribeth Raffinan on May 9.  

Brooks is charged with first-degree felony murder in connection with the shooting death of 21-year-old Juwaan Henry on Aug. 25, 2022 on the 800 block of 7th Street, NW.

Brooks’ attorney, Megan Allburn, said her client was experiencing serious transportation issues and that he intended to appear.  He was just released from jail on May 6, said Allburn, and he’s been in constant contact with her ever since. 

Judge Raffinan said she would go ahead with the proceeding if Brooks arrived by 11 a.m.  Otherwise, she would issue a bench warrant for his arrest, a request already made by the prosecutor. 

According to court records, Brooks surrendered to authorities in Maryland on May 9 in response to the warrant and has been placed on GPS monitoring. 

The next hearing in the case is scheduled for May 12.