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Judge Denies Release for Homicide Defendant

On July 19, DC Superior Court Judge Maribeth Raffinan denied a release request for a homicide defendant following a discussion of his criminal record.

Bernard Eddy, 23, is charged with first-degree murder while armed for his alleged involvement in the shooting death of 16-year-old Steffen Brathwaite on Sept. 10, 2019 on the 3000 block of 24th Place, SE.

In court, defense attorney Julie Swaney requested that Eddy be released so he could go to a stable housing situation with his mother in Maryland. Swaney mentioned that in 2022 Eddy was compliant with probation conditions following a conviction for carrying a pistol without a license.

Eddy has additionally been charged with assault with a dangerous weapon following an altercation while in the DC Jail. Swaney claimed that Eddy would have never been involved in the altercation if he was released and able to avoid trouble.

A prosecutor opposed the release, saying Eddy was seen on video before the shooting incident with the alleged murder weapon in his waistband. Following the shooting Eddy allegedly bragged about the murder in a second video.

Judge Raffinan denied the release request, concerned that the defendant’s criminal record and the evidence in the case didn’t make him eligible for returning to the community.

Parties are set for a status conference before Judge Raffinan on Sep. 29.

Judge Finds Probable Cause in Eight Victim Mass Shooting

On July 18, DC Superior Court Judge Anthony Epstein found probable cause that a defendant was engaged in a mass shooting. 

Byron Matthews,18, is charged with two counts of assault with intent to kill and possession of a firearm during a crime of violence for allegedly aiding and abetting a mass shooting, April 21, on the 500 block of LeBaum Street, SE and 2900 block of 2nd Street, SE. 

According to court documents, Matthews drove between two crime scenes assisting three unknown accomplices commit the shootings. 

Prosecutors called a Metropolitan Police Department (MPD) detective to the stand to review fourteen closed circuit TV recordings of events before and after the shooting. 

In one of the videos, a blue Mercedes Benz is seen crossing the street, soon after, dozens of gunshots are heard. The video then shows four individuals parking the Mercedes Benz in a lot and leaving. 

The detective described an anonymous tip about a suspicious vehicle that matched the car shown in the video. Matthews’ phone was allegedly found in the vehicle, along with bullet casings, and a ski mask. 

According to the detective, Matthews called the police nearly two hours after the shooting, and reported a kidnapping and armed robbery earlier that day. 

According to court documents, Matthews told police that he was held at gunpoint, and robbed of his phone, some cash, and a ski mask. He further described the car of the perpetrator as a dark-colored, old Mercedes Benz sedan.

Detectives did not find any evidence supporting his claim. 

Court documents further revealed that Matthews violently resisted arrest when he was questioned about the inconsistencies in his story.

The detective suggested that the story was a coverup, as video evidence showed the four suspects walking back in the direction of the abandoned car following the shooting. 

The detective noted that at the time they were walking back to the car, authorities were already on the site, suggesting that Matthews saw the authorities and created a cover story as a result. 

Furthermore, the detective stated that the shell casings found in the car matched the ones found at the scenes of the shooting, connecting the car to the shooting. 

When questioned by the defense whether anyone identified Matthews as the shooter, the lead detective answered no. No witnesses identified the defendant as the shooter only providing vague descriptions. 

All four of the suspects were wearing ski masks, obstructing their faces. 

The defense argued that there was no probable cause in this case because of the prosecutor’s “circumstantial and weak” case that failed to connect Matthews to the shooting. Nor is there evidence of aiding and abetting a crime. 

The prosecution urged the court to look at the alleged actions of the defendant and that the number of shots, dozens, on its own, establishes intent. She argued that Matthews created a “phony cover story to cover his tracks.”

Judge Epstein found that prosecutors established probable cause Matthews committed the crime and that he fabricated an alibi.

Molly Bunke and Varsha Govindaraju, Matthews’ defense attorneys, asked that he be placed under home confinement with his mother, where he would participate in summer school, receive therapy, and participate in a treatment plan. 

The defense emphasized Matthews’ desires to complete the five-and-a-half remaining credits for his high school diploma, which would allow him to start college in the fall since he has already been accepted.

Matthews said he was excited about completing his education. 

The prosecutors asked for detention based on the Matthew’s history.

Judge Epstein ruled that Matthews would remain detained saying that “under the law, held on clear and convincing evidence, there is flight risk or danger evidence that [Matthews] would be a danger to the community.” 

A status hearing is slated for Aug. 18.

Non-Fatal Shooting Defendant Waives Right to DNA Testing

On July 18, defendant Jaylaun Brown waived his right to independently DNA test evidence and rejected a plea offer. 

Brown, 21, is charged with assault with intent to kill while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in a non-fatal shooting on Jan. 21.

According to Metropolitan Police Department (MPD) documents, officers responded to a shooting on the 1400 block of 9th St, NW. Once on the scene they discovered a victim suffering from two non-life-threatening gunshot wounds outside a liquor store. 

According to court documents, video footage shows Brown walking up to the victim and pulling a firearm from his waistband. The victim sees the firearm and then pulls out a gun. As he attempts to back up from the gunshots, he also begins to shoot Brown. 

According to court documents, witnesses who spoke t officers at the scene recall hearing gunshots and seeing the victim holding a firearm saying “I’ve been shot.” 

Brown was seen on video exiting the liquor store after the shooting. The victim did not speak with police and was sent to the hospital for treatment.

Later, Brown wound up in the same hospital. 

Neither Brown nor the victim were old enough to own a handgun legally. 

During the hearing, DC Superior Court Judge Marisa Demeo approved Brown’s decision to voluntarily waive independent DNA testing from evidence recovered from the scene.

The prosecutor asked for its deal to be put on the record which would have have allowed Brown to plead guilty to mayhem while armed and all other charges would be dismissed. 

However, the plea deal was rejected. 

Brown’s attorney motioned for the defendant’s release. The prosecutor was opposed, stating the defendant was a danger to the community. 

Judge Demeo reviewed the evidence and denied the defense’s motion because evidence showed him to be a danger to the community. 

The next hearing is set for July 25 where motions will be continued. 

Defendant Pleads Not Guilty in Non-Fatal Shooting

On July 18, a non-fatal shooting defendant pleaded not guilty to all charges before DC Superior Court Judge Lynn Leibovitz.  

Delante Smith, 30, is being charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of a firearm and unlawful discharge of a firearm for his alleged involvement in a non-fatal shooting that left one person injured on Feb. 6 on the 2600 block of Stanton Road, Southeast.  

Smith’s defense attorney Joseph McCoy asserted Smith’s right to a speedy trial. 

At the hearing, Judge Leibovitz confirmed that he will be held with no bond. 

Smith’s next hearing will be on July 24.

Judge Sends Murder Defendant to Saint Elizabeth’s for Mental Tests

On July 18, DC Superior Court Judge Michael O’Keefe, granted a request to send a homicide defendant to Saint Elizabeth’s Hospital to determine his mental status.

Julius Worthy, 39, is charged with second-degree murder while armed for allegedly shooting and stabbing Orlando Galloway, 36, on April 2 on the 200 Block of 14th Street, SE.

Judge O’keefe reviewed a report from the Bureau of Legal Services stating that Worthy is not mentally competent to take part in the proceedings.

Subsequently, Judge O’Keefe ordered Worthy to the Saint Elizabeth’s Hospital to attempt competency restoration and to have an additional competency evaluation. The facility is operated by DC to treat those with severe mental illness who need “intensive in patient support.”

Parties are expected back Aug. 21st for an update on Worthy’s condition. 

Defense Wants Homicide Defendant Moved to DC Before Trial

On July 18, during a status hearing defense attorneys requested that a homicide defendant be brought back to the DC area while awaiting trial to work better with his attorneys.

Derryck Decuir, 31, is charged with assault with intent to kill while armed, first-degree murder while armed against a minor, attempt to commit robbery while armed against a minor, two counts of possession of a firearm during crime of violence, unlawful possession of a firearm from a prior conviction, carrying a pistol without a license, obstruction of justice, and tampering with physical evidence, for his alleged involvement in the shooting death of Malek Mercer, 15, around the 2800 block of 28th Street SE, on June 9, 2015. 

At the hearing, defense attorney Dana Page discussed communication challenges at the Virginia facility where Decuir is currently being held. She said that the jail has not been giving Decuir documents relevant to his case.

Page also said meetings with Decuir over legal matters have not been kept confidential and complained about having to pay for phone calls with her client.

DC Superior Court Judge Maribeth Raffinan told the parties that she does not have the authority to move Decuir and that it must be decided by the U.S. Marshals Service.

Defense attorneys have previously requested that a U.S. Marshal be present in hearings to decide on transferring Decuir to the DC area.

Parties are set to discuss the matter with a U.S. Marshal representative on Aug. 15.

Judge Grants Request to Reopen Preliminary Hearing Following New Evidence

On July 18, D.C. Superior Court Judge Maribeth Raffinan granted a defense request to reopen a preliminary hearing after new witnesses were located.

Jermall Johnson, 39, is charged with second-degree murder while armed while co-defendant Rafeal Stevens, 28, is charged with first-degree murder while armed for their alleged involvement in the shooting death of 50-year-old Aniekobo Umoh around the 2700 block of 7th Street, NE, on December 29, 2022.

During the hearing, Steven’s defense attorney, Jason Tulley, made a request to reopen the preliminary hearing as he said new evidence would show that there is no probable cause in the case.

Tulley argued that two new witnesses who were not known at the time would show that Stevens and Johnson acted in self-defense with Umoh’s being the aggressor.

The prosecutor objected, arguing that the defense did not notify them about the new evidence. Further, the evidence would be insufficient or untrustworthy unless the defense revealed what information the witnesses would present in court. 

The prosecutor reviewed the evidence found at the scene. They argue Johnson, Stevens, and Umoh allegedly got into an argument at a liquor store; Stevens shot the victim in the chest and that Johnson and Stevens were the initial aggressors. 

Tulley countered saying the video presented at the previous hearing did not have audio. According to the defense, the new witnesses believe Umoh was acting in a threatening manner that initiated the conflict.

Parties are set for a second preliminary hearing before Judge Raffinan on Aug. 21, to hear from the new witnesses. 

Judge Weighs Release Arguments for Homicide Defendant 

On July 18, D.C. Superior Court Judge Maribeth Raffinan listened to arguments about the alleged dangerousness of a homicide defendant.

Derricko Johnson, 19, is charged with first-degree murder while armed, three counts of possession of firearm during crime of violence, and two counts of assault with intent to kill while armed for his alleged involvement in the shooting death of 16-year-old Justin Johnson on the 2200 block of Savannah Terrace, SE on May 26, 2022. 

After being released into the high intensity supervision program (HISP) on July 18, 2022, Johnson was arrested on April 10 for failing to comply with the terms of his release.

A prosecutor opposed release argued that during Johnson’s release he was selling marijuana while wielding firearms in homemade music videos. 

Defense attorney Kevann Gardner requested pretrial release stating that the prosecutors have “weak evidence” to keep Johnson in custody and that the there’s no proof the guns in the videos are real.

Following the arguments Judge Raffinan requested time to review the matter and will render her decision at a July 21 hearing.

Parties are set to hear Judge Raffinans decision on July 21. 

Homicide Defendant Sentenced After Plea Deal at Emotional Hearing

On July 18, family members of a homicide victim gave emotional impact statements following the defendant’s acceptance of a plea agreement.  

Jean Paul Kearney, 36, was sentenced to 20-years for his involvement in the shooting death of 33-year-old Dontra Harris. Harris, who was a lifelong friend of Kearney, was fatally shot near the 1800 block of 24th Street, NE on April 4, 2021.

Kearney was originally charged with first-degree murder while armed, assault on a police officer while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, possession of a large capacity ammunition feeding device, and obstruction of justice, for his involvement in the April 2021 homicide, and the shooting that occurred outside his residence on May 13, 2021 when officers were serving a search warrant. 

On April 27, Kearney pleaded guilty to second-degree murder, following a mistrial that found him guilty of all counts except first-degree murder, as the jury was unable to reach a unanimous decision. All sentences will run concurrently. 

During sentencing, Harris’ family members gave victim impact statements targeting Kearney, claiming that his actions were cowardly.

“A mother should not bury her children, it should be the other way around,” Harris’ mother tearfully stated.

Harris’ father angrily stared at the defendant stating “I feel like coming across the table.”

After victim impact statements, the prosecutor discussed how the Metropolitan Police Department (MPD) had to implement new tactics for executing search warrants as a result of this case. When officers attempted to enter Kearney’s home, he opened fire striking a brick wall next to officers at the front door.

Defense attorney Michael Madden requested that Kearney be placed in a facility that will care for his mental health needs. Madden referred to Kearney’s actions as having a “nonsensical motive,” as he only had two prior convictions for drugs and that this crime was a result of poor mental health.

DC Superior Court Judge Maribeth Raffinan considered a recommendation to have Kearney placed in a mental health treatment facility during his incarceration to help with anxiety and depression.

Then Judge Raffinan sentenced Kearney to 20-years for second-degree murder with all other counts running concurrently.

In an interview with D.C. Witness Harris’ mother stated there should be “a life for a life,” unsatisfied with the 20-year sentence imposed on Kearney. 

When asking the father about the sentence he stated, “He didn’t get the time that he needed.”

Document: Homicide: 600 Block of Monroe Street, Northeast

The Metropolitan Police Department’s (MPD) Homicide Branch is investigating a homicide that occurred on July 17 on the 600 block of Monroe Street, 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 44-year-old Robert Lavender.

Expert Witness Says Double-Homicide Victims Died from Gunfire

On July 18, the fourth day of a 2021 double-homicide trial, there was more testimony about the shooting.

Jalen Browne, 21, is charged with two counts of first-degree murder while armed, four counts of assault with intent to kill, and six counts of possession of a firearm during a crime of violence for his alleged involvement in a fatal shooting on the 100th block of Q Street, NW, on July 25, 2021. 

Of the six victims at the scene, three were uninjured. Jovan Hill Jr, 22, and Tariq Riley, 19, suffered fatal wounds and later died at MedStar Hospital. A third victim, 22, suffered a gunshot wound to the lower back but survived.

A forensic pathologist from the DC Office of the Chief Medical Examiner stated that both victims had a single gunshot wound to the back. The pathologist said the resulting injuries damaged the lungs, spine, and heart, and the bullets weren’t fired from close range.

The medical examiner confirmed the cause of death for both Hill and Riley as gunshot wounds to the back. The manner of death was ruled as a homicide for both victims as well. 

Witness testimony before DC Superior Court Judge Robert Okun is slated to continue on July 19.

Judge Denies Release for Homicide Defendant

On July 18, D.C.Superior Court Judge Maribeth Raffinan refused to authorize a homicide defendant’s pretrial release following concerns about the community’s safety.

Tony Morgan, 29, is charged with first degree murder while armed, conspiracy, first degree murder with aggravating circumstances, two counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, and unlawful possession of a firearm. 

Co-defendant Martinez Raynor, 23, is charged with first-degree murder while armed, conspiracy, felony murder while armed with aggravating circumstances, two counts of possession of a firearm during a crime of violence, two counts of carrying a pistol without a license, and possession with intent to distribute a controlled substance while armed. 

Morgan and Raynor were arrested for their alleged involvement in the shooting death of  19-year-old Malik McCloud on the 3500 block of Wheeler Road, SE, on Oct. 20, 2018. 

At the hearing, Morgan’s attorney, Steven Kiersh, requested Morgan’s pretrial release based on family circumstances. Kiersh said that Morgan’s mother was recently diagnosed with cancer and release would allow Morgan time to take care of his children.

The prosecutor opposed the request stating DNA evidence recovered from the vehicle used in the crime ties Morgan to the shooting. The prosecutor argued Morgan’s release would endanger the community. 

Judge Raffinan denied the defense’s request for pretrial release after reviewing Morgan’s previous criminal record which included prior offenses for violent crimes that were committed during his probation in Prince George’s County MD .

Meanwhile, DNA testing in the case has been completed. 

Parties are set for a status hearing on September 22 to review the DNA results before Judge Raffinan. 

Document: Arrest Made and Vehicle Sought in an Armed Carjacking (Gun) Offense: 2300 Block of R Street, Southeast

The Metropolitan Police Department (MPD) arrested and charged 27-year-old Marcus Lavelle Thompson with armed carjacking (gun), carrying a pistol without a license, possession of unregistered ammunition, and possession of a large capacity ammunition feeding device for his alleged involvement in an armed carjacking that led to him being shot by the victim.

According to MPD documents, Thompson and other suspects were in a vehicle that approached the victim. Thompson exited the vehicle and pointed his gun at the victim while demanding the victim’s vehicle. The victim took out his own gun and shot Thompson. The vehicle with other suspects fled the scene, while the victim remained to render aid to Thompson.

The victim has a valid conceal carry permit and his firearm was registered.

MPD is searching for a dark GMC SUV connected to the suspect.

Defendant Pleads Not Guilty to All Charges in 2021 Homicide

On July 14, a defendant in a 2021 homicide case was arraigned before DC Superior Court Judge Maribeth Raffinan.

Tywan Morris, 27, is charged with second-degree murder while armed, carrying a dangerous weapon outside a home or business, and two counts of possession of a prohibited weapon for his alleged involvement in the fatal stabbing of 27-year-old Danielle Stuckey on Oct. 17, 2021, on the 2800 block of Alabama Avenue, SE.

Morris’ defense attorney, Steven Kiersh, alerted the court Morris was pleading not guilty to all charges and asserted his trial rights. 

A representative from the Pretrial Services Agency (PSA) said Morris is in full compliance with his release conditions.

Parties are expected to return on July 27 for a status hearing.

Homicide Defendant Pleads Not Guilty in 2022 Shooting

On July 14, Marcus Walker pleaded not guilty to charges connected to the shooting death of Eric King

The shooting occurred on the 1400 block of Good Hope Road, SE. Walker, 23, allegedly shot King, 28, on Oct. 11, 2022, over a personal dispute. 

Walker, 23, was indicted in May for one count of first-degree murder while armed, one count of assault with a dangerous weapon against a minor, one count of assault with a dangerous weapon, one count of second-degree cruelty to children, one count of possession of a large capacity ammunition feeding device, and three counts of possession of a firearm during a crime of violence. 

According to witnesses, Walker confronted King and argued with him before pulling the trigger twice, striking King’s chest and groin area. 

Defense counsel, Jesse Winograd, requested a speedy trial and preservation of evidence to protect Walker’s constitutional rights. An evidentiary hearing will be scheduled to discuss body camera footage and additional evidence. 

The next hearing is set for Aug. 21.