Bus Stop Mass Shooting Defendant Found Guilty

A jury convicted a mass shooting defendant of eight charges before DC Superior Court Judge Danya Dayson on Sept. 26.

Ronell Offutt, 36, was charged with five counts of assault with the intent to kill while armed, and five counts of possession of a firearm during a crime of violence for his involvement in a mass shooting that wounded five people, including a five-year-old, at a Metro bus stop the 2300 block of Pennsylvania Avenue, SE, on Feb. 4, 2019.

Of the ten charges, the jury returned a guilty verdict for eight. Offutt was acquitted of one count of assault with the intent to kill while armed and possession of a firearm during a crime of violence.

Parties are slated to reconvene on Dec. 12 for sentencing.

Alicia Gaines

Probable Cause Found in Stabbing Between Partners

DC Superior Court Judge Eric Glover found probable cause for charges against a stabbing and domestic violence defendant on Sept. 26, and denied her release.

Michelle Bowman, 35, is charged with assault with a dangerous weapon for her alleged involvement in a non-fatal stabbing of her partner on Sept. 24 on I-295 southbound lanes, near exit four.

During the hearing, the prosecution called to the stand an officer from the Metropolitan Police Department (MPD) who responded to the scene of the crime on Sept. 24. The officer testified the victim was found lying on the ground in a pool of blood, in and out of consciousness. The victim, who is still hospitalized, identified Bowman as the suspect by her full name and birthdate, claiming she was the individual responsible.

The officer also traveled to George Washington University Hospital with the victim and stated the victim was treated for two four-tosix inch cuts, on both her left and right arm. One cut was down to the bone. When interviewed by a detective, the victim relayed she had picked Bowman up from her Maryland home and they instantly began arguing. Bowman requested the victim pull over and allegedly proceeded to throw various items from the car onto the road, including the glasses the victim’s was wearing.

According to the officer, the victim alleged Bowman slashed the back two tires with a knife the victim kept in car. Bowman allegedly swung at the victim with the knife,stabbing her.

When the officer returned to the station to begin filing a report, Bowman was there to allegedly turn herself in and talked to a detective. During the investigation Bowman said the stabbing was unintentional, stating she was merely “swinging” the knife.

Defense attorney Joseph McCoy argued Bowman was acting in self-defense. Bowman claims that she had attempted to de-escalate the conflict before the stabbing occurred by trying to get out of the car, but was blocked by the victim.

The prosecution argued Bowman seriously endangered the victim knowingly. The judge then ruled there was probable cause for the charges, arguing the harm inflicted meets the “pretty low standards of probable cause”.

McCoy argued for her release due to her caregiving responsibilities,maintaining her business and limited criminal history. In opposition, the prosecution emphasized the need for continued detention due to the severity of the injury sustained by the victim, Bowman’s history of domestic violence, and her risk to public safety.

The judge sided with the prosecution, citing the severity of the offense and evidence suggesting Bowman’s violent behavior is “escalating” and “concerning.”

The parties are slated to reconvene on Oct. 17.

Sage Arpaia

Defense Says Prosecution Didn’t Preserve Evidence in Stabbing Case

Controversy about a police search of a car that was a crime scene was argued during a motions hearing before DC Superior Court Judge Michael Ryan on Sept. 23.

Jerrell Smith, 33, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and carrying a dangerous weapon outside the home for his alleged involvement in a non-fatal stabbing that took place on June 2, 2023. Court documents are not clear on where the incident occurred but police responded at the United Medical Center on the 1300 block of Southern Ave SE.

The defense, led by Hannah Claudio, raised a failure to preserve motion and stated that the car where the stabbing occurred was not properly processed by the responding officers or crime scene analysts, which could have yielded evidence beneficial to their case.

Prosecutors argued that, even though DNA evidence was not taken from the crime scene, two witnesses were able to place a person identified as Smith in the vehicle at the time of the incident.

The detective stated that he was given verbal consent to search the vehicle by its owner, but that the owner was anxious to go home and did not want the car taken away. Because of this, a cursory search was done which involved photographing the contents of the vehicle but not swabbing for prints or DNA.

Cross examination of the witness revealed conflicting information about the nature of the assault. The two witnesses in the car told the Metropolitan Police Department( MPD) that the assault had taken place in the vehicle and that they had driven the victim to the hospital, where police responded to the call. The victim, however, had told the officer that he was stabbed outside a Metro station and walked to the hospital.

Judge Ryan stated that he will need time to decide whether the case should be dismissed over this failure to preserve motion and said he would like to see how the evidence develops first.

Parties are set to reconvene on Sept. 24

Judge Says He’s ‘Stunned’ at Prosecution’s Handling of Serious Cases

DC Superior Court Judge Neal Kravitz was sympathetic to some arguments from defense attorney Kevin O’Sullivan about the validity of evidence gathered against a shooting defendant on Sept. 29. However, the judge also had some harsh words for the prosecution.

Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy while armed, two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, unlawful possession of a firearm, carrying a pistol without a license outside a home or business, assault with significant bodily injury while armed, three counts of possession of a firearm during a crime of violence while armed.

Lubin is also charged with possession of a prohibited weapon. These charges are in connection to their alleged involvement in a non-fatal shooting that injured two individuals on the 4600 block of Benning Road, SE, on July 24, 2023.

On Aug. 12, Judge Kravitz ruled that Young and Lubin would be granted separate trials, after Young’s defense attorney requested severance from Lubin.

During the Sept. 29 hearing, parties addressed several motions concerning the admissibility of key evidence, related to physical and digital evidence obtained by detectives during the investigation in 2023.

Defense attorney Kevin O’Sullivan first argued for the suppression of GPS data from Lubin’s car, which was originally obtained in a search without a warrant in July of 2023. O’Sullivan said the prosecution did not obtain a relevant search warrant until two years later, granted by DC Superior Court Judge Dayna Dayson on Aug. 7, 2025.

Judge Kravitz found that the detective who led the investigation understood the importance of the GPS data in connection to the shooting, and would have sought a valid search warrant regardless. He said the evidence that was obtained without a warrant did not lead to any new information or investigative breakthroughs.

Judge Kravitz therefore ruled that the evidence that was originally obtained from an unlawful search to be admitted in court if it was later obtained in a separate, lawful process.

With that, the defense’s motion to suppress the GPS data from Lubin’s car was denied.

The defense also highlighted concerns with the physical evidence taken from Lubin’s car, a red Hyundai, and filed a motion to suppress this evidence as well. When the court asked the defense about this filing, O’Sullivan stated that he was prepared to rest on the argument.

The defense had previously argued that the detective had not received consent from the car dealership where the red Hyundai was registered.

The prosecution then presented an email chain to Judge Kravitz from the general manager of the dealership and the detective. In the email chain, the manager of the dealership explicitly stated his consent for the detective to search the vehicle, and confirmed the Vehicle Identification Number (VIN) of the red Hyundai.

Judge Kravitz ruled that it was undeniable that the detective had received consent, and denied the defense’s motion to suppress the physical evidence from Lubin’s car.

The prosecution also argued that a teal shirt had been recovered from the car during the search, which allegedly matched the description of the shirt that the shooter was seen wearing on CCTV footage from before the shooting.

Additionally, the defense had also filed a motion to suppress the physical evidence that had been found during the search of Lubin’s home. This motion also requested for a Frank’s hearing to be held, where the validity of a search warrant by arguing that it contained false statements or statements made with reckless disregard for the truth would be challenged.

O’Sullivan claimed that the warrant affidavit did contain false and inaccurate statements, which included the claim that Lubin’s car remained at his residence the night of the shooting, and the fact that Lubin’s car was parked on the same block of the shooting when the shooting occurred.

The defense also argued that the detective was acting on a gut feeling when drafting the affidavit, and did not have enough information to properly identify Lubin as the shooter.

O’Sullivan showed a PowerPoint presentation to the court that explained the lack of concrete evidence the detective had while drafting the affidavit, as well as at the time of Lubin’s arrest. The PowerPoint referenced the detective’s prior testimony, and also featured videos of Lubin and the detective in the interrogation room prior to Lubin being taken into custody in 2023.

“It is the detective’s instinct to say something to nullify any constitutional objection when confronted with something he did that was an error,” O’Sullivan said.

The defense also argued that the detective was matching broad descriptions of the shooting suspect’s clothing, such as ripped jeans, a teal shirt, a teal hat, and gray sneakers that were not distinct enough to identify a suspect.

The court agreed that the phrasing in certain parts of the affidavit were misleading, specifically when describing “suspect 2” and “the shooter” as the same person.

However, Judge Kravitz argued that the visible and distinct white markings made the identifying evidence strong, given the distinct white marks on the shooter’s jeans, as well as a similar build, shoes, and belt, in addition to the fact that the individual was with the same person before and after the shooting.

Judge Kravitz excised these statements from the affidavit, but still found probable cause nonetheless. He then ruled to deny the motion to suppress the physical evidence from Lubin’s home, as well as a Frank’s hearing.

Tension heightened over the prosecution’s proposed expert witness, a special agent that is part of the FBI Cellular Analysis Survey Team (CAST), to testify about cell-site data from Lubin’s phone the night of the shooting.

The defense claimed that the prosecution failed to comply with Rule 16 requirements, which require the government to disclose certain information to the defendant upon request, in order to ensure fairness between both parties.

The rule 16 obligates the prosecution to provide a disclosure with the expert witnesses’ prior publications, qualifications, prior testimony, and signature. The defense stated that they had only been given the expert’s CV, and received a notice that did not contain the expert’s signature.

Judge Kravitz similarly expressed concern with the missing expert background information, but gave the prosecution additional time to reach out to their witness to clarify what information was missing.

“My expectation here is that there would not be a Rule 16 violation,” Judge Kravitz said. “I repeatedly find myself stunned at the way things are in the matter of prosecutors handling serious cases like this.”

The defense also addressed requests for messages between witnesses and victim advocates, as well as records related to a witness’ prior arrest. The defense argued that this could constitute Brady material, which refers to any evidence in possession of the prosecution that is favorable to the defense and could affect the outcome of trial.

According to O’Sullivan, if the witness was arrested and recorded on bodycam footage disclosing their involvement as a government witness, it could cast doubt on the witness’s credibility, which also constitutes Brady material.

The prosecution agreed to review and respond.

Parties are slated to convene Sept. 30.

——————————————————————————————————–Luci Garza

Judge Removes Stabbing Defendant’s GPS Tracker

DC Superior Court Judge Robert Salerno granted a defense motion for a stabbing suspect to be taken off GPS monitoring on Sept. 23.

Roshawn Petway, 40, was charged with assault with a dangerous weapon and aggravated assault knowingly while armed for allegedly stabbing a woman on 3300 block of 10th Place, SE on April 22.

Defense counsel Lisbeth Sapirstein asked Judge Salerno to “step her[Petway] down” since Petway hadn’t violated any conditions of her stay away order and the indictment deadline isn’t until February 2026.

The prosecution argued that due to two alleged violations where the victim claimed Petway came to the property without a police escort and the serious pending charges, they’re against taking her off the monitor.

However, the Pretrial Services Agency (PSA) found no violations of the stay away order.

Judge Salerno granted the defense’s motion to be taken off of GPS, however, the rest of the stay away order would remain.

The parties are slated to reconvene Feb. 3.

Counsel Argue Over Who Threatened Who

During opening arguments Sept. 29, counsel disputed whether the shootings between a defendant and victim occurred over a woman.

Nigel Pulliam, 32, is charged with two counts of assault with intent to kill while armed, assault with intent to commit robbery while armed, four counts of possession of a firearm during a crime of violence, two counts of unlawful possession of a firearm, two counts of possession of an unregistered firearm, two counts of carrying a dangerous weapon outside of a home or business, and two counts of unlawful possession of ammunition.

The charges are in connection to two cases. In one case, Pulliam is alleged to be involved in a non-fatal shooting on Aug. 29, 2022, on the 2000 block of Benning Road, NE. Pulliam is also alleged to have been involved in a non-fatal shooting on May 29, 2022.

The prosecution asserted that the shootings occurred over a woman Pulliam allegedly had a romantic relationship with. According to the prosecution, the woman began developing a relationship with the victim at the same time.

The prosecution said Pulliam tried to kill the victim twice, first in May and again in August.

In May, according to the prosecution, was during a meeting was held at a house owned by someone both the defendant and victim knew as a motherly figure. Pulliam allegedly became enraged, flashed a gun, and ordered the victim to get out of the house.

Prosecutors said the victim tried to escape in a car, but Pulliam followed him and shot into his car, injuring the victim’s left wrist.

Footage of another shooting in Aug. 29 depicted an individual, believed to be Pulliam, exiting a store and firing at a vehicle. The victim was not injured in this incident.

During the opening argument, the prosecutor said their case would show that shell casings left at the scene of the crime were consistent with a firearm that was recovered.

The prosecution argued the defendant made several threats toward the victim, which were recorded either by voice calls, text messages, or video footage.

Pulliam’s defense attorney, Sara Kopecki, argued that the incidents did not occur over a woman, but over drug dealing.

Kopecki also said Pulliam is not guilty of trying to kill the victim, explaining that Pulliam was threatened by the victim.

The victim is a drug dealer who was trying to expand their turf, Kopecki said. She also insisted that the victim was working with the cops to set Pulliam up.

The defense urged the jury to look at the surveillance footage closely, noting that Pulliam did not immediately follow the victim out of the store and did not directly fire at the car.

Kopecki stated that the footage represents an attempt to send a strong message like, “enough”.

Following the jury’s dismissal, the prosecution stated that they did not agree with the assertion that the victim was a drug dealer.

Counsel also argued over the admissibility of drugs found near the defendant when he was stopped by police.

The defense said the drugs were not attributable to Pulliam, while the prosecution said they were. A ruling about the admission of the drugs as evidence was not made.

Parties are slated to reconvene on Sept. 30 before DC Superior Court Judge Todd Edelman.

Stabbing Defendant Wants Mental Health Plan

DC Superior Court Andrea Hertzfeld ordered Saint Elizabeths Hospital to provide a psychiatric treatment plan for a stabbing defendant hoping to win release during a hearing on Sept. 23.

Devyn Cyphers, 27, is charged with assault with a dangerous weapon for her alleged involvement in the stabbing of her best friend at the 300 block of Maryland Avenue, NE, on July 31.

According to court documents, the incident stemmed from a verbal disagreement between the two and Cyphers allegedly stabbed her in the neck.

During the mental observation hearing, Cyphers’s attorney, Peter Odom revealed that Cyphers was too paranoid to see him when she was first charged. However, he says, Cyphers has since received responded to treatment at Saint Elizabeths Hospital.

Odom subsequently requested Cyphers be released to her parents, who live in Texas. Odom argued Cyphers lost her house and her job in the District, and if she’s sent back to the DC Jail she would relapse for lack of mental health treatment.

However, the prosecutor countered there was no solid release plan for Cyphers and that she was completely mentally stable lacking a specific diagnosis. Thus, in the prosecutor’s view, Cyphers release factors posed potential danger to the community.

Cyphers’ mother proposed a treatment facility near their home in Texas which the prosecution said was insufficient.

Odom proposed to go back to Saint Elizabeths Hospital for a discharge and treatment plan in Texas. However, the prosecution responded, stating that “to be clear, a discharge plan of recommendation is not a plan.”

Judge Hertzfeld determined that she would need to see hospital records before making a decision on the release.

After a short recess, Judge Hertzfeld the hearing be resumed on Sept. 25.

Parties are slated to reconvene on Sept. 25.

Stabbing Defendant Wants to Attend Workers’ Compensation Hearing

A stabbing defendant requested release with bond during a felony status hearing before DC Superior Court Andrea Hertzfeld on Sept. 23 in order to attend a workers’ compensation hearing.

Robert Lance Harris, 59, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that took place on the 3700 block of Minnesota Avenue, NE, on July 1.

During the hearing, counsel for Harris, Adgie O’ Bryant, said that it was very important for Harris to attend the hearing.

Scheduled for Sept. 25, the defense’s position is that Harris’ absence could result in his claim’s being dismissed or the outcome biased toward his employer. Thus, could Harris potentially lose medical coverage, wage replacement, or permanent disability compensation.

The prosecution opposed the request, wanting the chance to submit a written response. Judge Hertzfeld ordered the argument be submitted by Sept. 30, after the hearing, leaving Harris’ appearance in doubt.

The parties are slated to reconvene on Oct. 1.

‘Larry Had to Think Fast to Save His Life,’ Defense Says of Family Shooting

Parties gave their closing statements regarding a family shooting before a jury and DC Superior Court Judge Carmen McLean on Sept. 23.

Larry Carr, 21, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, five counts possession of a firearm during a crime of violence, possession of an unregistered firearms, and carrying pistol without a license outside home/business for allegedly shooting his cousin during a domestic argument. The incident occurred on Oct. 22, 2023 at the 100 block of Ridge Road, SE.

In their closing statements, prosecutors cast Carr as the aggressor, trying to undermine any claims that he acted in self-defense in shooting his cousin. Prosecutors brought up the troubled history between Carr and the victim, who exposed himself to Carr’s young sister and assaulted another child months before the shooting, claiming that Carr was waiting for the opportunity to take revenge.

“Ladies and gentlemen, this is all about anger and how the defendant just couldn’t let it go,” prosecutors said.

Prosecutors argued that Carr was trying to take the law into his own hands and punish the victim himself instead of letting the prosecution’s investigation play out. The victim has since been charged in both the exposure incident as well as the assault on a disabled minor. Carr reportedly confronted the victim over the phone and on Instagram live for both of these incidents weeks before the shooting.

In their description of the shooting, prosecutors focused on the fact that Carr’s other cousin had stepped between him and the victim, who was brandishing a knife, and that Carr could have fled out of the back door if he truly felt that his life was in danger.

“Everybody was trying to get him to put that firearm down,” prosecutors said, adding, “[Carr] just wanted him gone.”

In addition to their verbal arguments, prosecutors also showed the jury body camera footage of the victim lying in a pool of his own blood, screaming “help” and played a recorded 911 call in which the victim’s sister can be heard screaming for help and saying that her cousin just shot her brother.

Prosecutors insisted Carr was the instigator.

“You know that the defendant jumped off the couch and pointed a firearm at [the victim] before anything else happened,” prosecutors said.

Where prosecutors portrayed Carr as vindictive, his defense attorney portrayed him as a young man fearing for his life in a confrontation with a known abuser. Carr awoke to find the victim standing in the entranceway, knife in hand, according to Carr’s defence attorney, Teresa Kleiman.

She argued the victim’s history of abuse to minors and the deteriorating relationship between him and Carr, who had vocally denounced him months prior.

“He wanted to get the kid who outed him on Instagram,” Kleiman said about the victim.

Kleiman used witness testimony from family members who were in the house on the day of the shooting to argue that Carr put the gun down at one point in the confrontation but that the victim never put his knife away. Kleiman also established the timeline of the shooting to argue that Carr was thrust into the situation and forced to act quickly.

Kleiman said that the victim entered the home where Carr was staying at 11:22 a. m. and that two minutes elapsed before the shooting occurred, according to witness testimony from a Metropolitan Police Department (MPD) officer and CCTV footage.

“Larry had to think fast to save his life. In two minutes [the victim] caused another fracture in this family,” Kleiman said.

The defense quoted allegedly threatening statements the victim had made to Carr over the phone weeks before the shooting saying he would “turn up” on Carr when he saw him and telling Carr, “give me the address Larry, I’ll be right there.”

In her final appeal to the jury, Kleiman argued that Carr might not be alive in the courtroom if he had not pulled out a gun and that the accounts provided by the prosecution’s own witnesses showed that Carr acted in self-defense.

“Ladies and gentlemen, there are still some good laws in DC and one of them is you can defend yourself,” Kleiman told the jury.

Finally, prosecutors argued that there were other ways for Carr to resolve the situation and said that the victim was backing up towards the front door when the shooting happened.

“They were supposed to be a family. They were supposed to talk about things, get through things,” prosecutors said.

Parties are slated to reconvene when the jury reaches a verdict.

Defense Challenges Prosecution’s, ‘Larger Than Life Conspiracy,’ in Teen’s Homicide

A murder defendant’s attorney didn’t want the jury to see controversial music videos in a trial before DC Superior Court Judge Rainey Brandt on Sept. 24, contending that the evidence is prejudicial to her client.

Reginald Steele, 26, is charged with conspiracy, first-degree murder, ten counts of assault with intent to kill while armed, assault with a dangerous weapon, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, five counts of possession of an unregistered firearm, and two counts of tampering with physical evidence.

These charges stem from Steele’s alleged involvement in four separate shootings, including the murder of 13-year-old Malachi Lukes and injury of another juvenile on March 1, 2020 on the 600 block of S Street, NW. Steele is accused of a separate shooting the same day on the unit block of Channing Street, NE. There were no reported injuries.

The other incidents include a non-fatal shooting that injured two individuals on Feb. 22, 2020 on the 700 block of Farragut Street, NW, and a non-fatal shooting that injured three on Feb. 24, 2020 on the 1700 block of 9th Street, NW.

According to court documents, Steele and his co-defendants killed Lukes to retaliate against the fatal shooting of fellow “3500” crew member Tahlil Byrd.

Defense attorney Megan Allburn said one particular music video the prosecution wanted to show the jury is “completely” inadmissible, arguing prosecutors would unjustly interpret and use the lyrics to advance their argument.

Allburn maintained that Steele neither produced the music video nor appeared in it, and the prosecution was attempting to raise a complicated issue beyond the scope of the proceeding. Allburn said the prosecution is operating on a “larger than life conspiracy.”

Meanwhile, prosecutors contended that the evidence is relevant to the trial, because one witness testified he was unaware of the rivalry between the 3500 and the “9th Street” neighborhood crews. They argued he must be aware of the conflict because he appears in the video.

The prosecution asserted the clip conveys how upset the defendants were with Byrd’s killers because there was a reference to Byrd “at every turn.”

“This man was larger than life,” the prosecution said.

Prosecutors said their goal is for the witness to concede he is aware of the rivalry and admit who is involved. They clarified they do not only aim to discredit his testimony but prompt him to admit what he knows.

Judge Brandt denied the defense’s objection. She maintained that presenting the video and hearing the witness’ response will help determine how relevant it is to the case. She also said the defense line of argument demonstrates they not want to be left with problems that may arise from the witness’ additional testimony.

The prosecution argued another music video is relevant to the case because Byrd raps about how he was known as “NW Goon.”

Meanwhile, Allburn argued that the clip should be muted until Byrd utters “NW Goon” because everything else is irrelevant and incredibly prejudicial to “a man sitting here [in a] white shirt and black tie.”

Prosecutors maintained it is relevant and non-prejudicial, so they should be allowed to present their position regardless of the defense’s desires.

Judge Brandt agreed to the defense’s request that they can comment to the jury after the clip plays, and the prosecution did not object.

Further, the prosecution sought to include another music video because it features a witness and relevant locations, prompting Allburn to ask the judge to give the jury limiting instructions.

Judge Brandt agreed to instruct the jury but would not isolate pieces of evidence because the jurors are the “fact-finders,” not her. She said she should tell them what to disregard from the video, not which conclusions to draw from it.

Parties are slated to reconvene Sept. 25.

Bus Stop Stabbing Defendant Pleads Not Guilty at Arraignment

A defendant accused of a bus stop stabbing pleaded not guilty to all charges during his arraignment before DC Superior Court Judge Rainey Brandt on Sept. 23.

John Scogins, 54, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed. The counts are related to his alleged involvement in a stabbing that occurred on Dec. 9, 2024 at a bus stop on the 1700 block of Minnesota Avenue, NE. One individual was injured.

The grand jury indictment was formally read to Scogins in the arraignment. Defense attorney Alvin Thomas stood and affirmed that Scogins is pleading not guilty to both charges, and requested a trial date.

Meanwhile, Judge Brandt congratulated Scogins about the progress he’s made dealing with his substance use disorder.

“You’re doing well, and I’m proud of you,” Judge Brandt said. She continued, “[sometimes] you fall off the bike, and eventually you start riding again”.

Parties are scheduled to reconvene on Dec. 12.

ID from Photo Array Will Go Forward in Shooting Trial

DC Superior Court Judge Danya Dayson allowed prosecutors to enter an eyewitness identification from a photo array as evidence in a shooting trial despite defense objections on Sept. 29.

Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, five counts of possession of an unregistered firearm, destruction of property of $1,000 or more, and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in a shooting on the 2200 block of 13^th Street, NE on June 3. One person was shot in their arm during the incident.

The motions hearing centered on efforts by defense attorneys Kevaan Gardner and Elizabeth Paige White to suppress a photo-array the prosecution planned to introduce during the trial to identify Ocran.

Judge Dayson allowed the parties to give oral arguments and call witnesses to the stand to substantiate their positions concerning evidence from a double-blind photo array, a common identification method used by police.

A Metropolitan Police Department (MPD) detective, who administered the photo array, testified to having no knowledge of the suspect before the eyewitness’s identification. He said that the eyewitness told him she had 100 percent confidence in her identification.

White focused her cross examination of the detective on the fact that Ocran was the only person wearing a hoodie in the photo array. She argued that the discrepancy both highlighted the defendant and matched a suspect description put out by police that the eyewitness could have known about before identifying him.

White also pointed out that the eyewitness was not present at the shooting but rather based her identification on an earlier incident in which Ocran is alleged to have had an altercation with the victim.

Prosecutors objected to the idea that the witness would have known the suspect wore a hoodie during the shooting and said that identifying Ocran from an earlier alleged altercation was relevant.

Judge Dayson requested the parties both play video footage to show whether the suspect was wearing a hoodie when the eyewitness saw him. Video footage of the earlier incident showed the suspect in a tank top, not a hoodie.

Prosecutors then called the eyewitness who testified that she did not know what the suspect wore when the shooting happened.

The witness repeatedly said she was confused, did not remember much from the day of the shooting, and, at one point, said someone had told her what the shooter looked like.

“I don’t remember who really told me how he looked,” the witness said. The witness later said she didn’t hear any description of the shooter.

After hearing the arguments, Judge Dayson told the court that the jury could determine the reliability of the witness’ identification of the suspect for themselves and allowed prosecutors to submit the evidence.

Prosecutors also raised an issue with the defense changing their position on acknowledging the accuracy of several items of evidence, which prosecutors said the defense had previously agreed to do. Prosecutors said that accounting for the changes would delay the trial past their expected timeframe, potentially forcing one of the prosecutors to leave the case early.

Paige-White said that the prosecutors were mischaracterizing the defense’s earlier position on acknowledging the accuracy of certain items of evidence.

“We have a huge number of cases to get through in the division,” Dayson said, rejecting any request for an extension.

At the end of the hearing, Gardner asked Judge Dayson to order that parties only refer to his client as Mr. Ocran, not the defendant. Judge Dayson said she would consider the request.

Parties are slated to reconvene on Sept. 30.

Judge Denies Motion to Dismiss Shooting Case

DC Superior Court Judge Danya Dayson denied a motion to dismiss a shooting case because of a potential evidence violation in a hearing on Sept. 26.

Ato Ocran, 46, is charged with assault with the intent to kill while armed, aggravated assault while armed, two counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, five counts of possession of an unregistered firearm, carrying a pistol without a license outside of a home or business, and destruction of property worth $1,000 or more for his alleged involvement in a non-fatal shooting on the 2600 block of 10th Street, NE on June 3. One individual was injured during the incident.

In the hearing, Kevann Gardner and Elizabeth Paige White, Ocran’s attorneys, filed a motion to dismiss the case, citing that police had failed to preserve the Jeep where the shooting had happened, which was a key piece of evidence.

To show that the Jeep was in police custody, White displayed video footage from police body cameras at the scene, which she argued depicted officers “exercising control” of the vehicle by not letting people near it, and by stating they were going to “hold on” to the Jeep.

The prosecution argued that a single officer making a comment about holding onto the Jeep was not sufficient to prove that the police were in control of the vehicle. The prosecutor also argued that the Jeep had not been physically towed into police custody because the police needed a warrant to search the vehicle.

White responded by stating that the Jeep did not have to be towed to be in police custody, and argued that officers didn’t need a search warrant because the Jeep was at the scene of the shooting.

According to White, this meant the police were in control of the Jeep, and their failure to preserve it was a violation of an evidence rule requiring the prosecution to disclose evidence favorable to the defense. The defense said the prosecution is legally obligated to disclose certain relevant information and evidence to the defense during the discovery process.

Judge Dayson ruled that the police did not exercise enough control over the Jeep for it to fall under police custody, stating that the “temporary sequestration” of the Jeep by police was insufficient.

She denied the motion to dismiss and told the defense that they could question the police investigation and could cross-examine any officers on it.

Parties are slated to reconvene on Sept. 29.

Defendant in Fatal Recreation Center Stabbing Released from Home Confinement

A defendant in a fatall stabbing was released from home confinement and issued a curfew by DC Superior Court Judge Michael Ryan on Sept. 26.

Christian Wilkerson, 22, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of 20-year-old Rashawn Phifer on the 500 block of Riggs Road, NE, on Nov. 11, 2022.

According to court documents, Phifer died from four stab wounds to his upper body.

Defense attorney Lisbeth Sapirstein asked Judge Ryan to consider releasing Wilkerson from home confinement, and instead place him on a curfew that was compatible with his current work schedule.

Wilkerson was placed in home confinement and issued a GPS monitor as of May 16, 2024. Prior to the Sept. 26 hearing, Wilkerson was only allowed to leave home confinement to for a job as a maintenance worker.

Sapirstein argued that Wilkerson has never received a single infraction during this 14 month long period of home confinement and has the ability to abide by the law.

The prosecution objected, citing the nature of Wilkerson’s charges. She argued that the second-degree murder, where Wilkerson allegedly chased the victim, pushed him into a fence, and stabbed him four times, is serious enough to keep the defendant in home confinement.

The prosecution also argued that Wilkerson has allegedly been boasting about the murder on his Instagram account and she is concerned that this behavior will continue if he is released from home confinement.

Judge Ryan referenced a court notification report that was filed on Sept. 24, which confirmed that Wilkerson has had no monitoring infractions, no violation of the stay away orders, and no additional warrants for his arrest.

The prosecution explained that she recognizes Wilkerson’s good behavior and that it is best to continue home confinement so that this behavior continues.

Based on his record, Judge Ryan ruled that Wilkerson will be taken off of home confinement, and instead, will have an 11 p. m. -o- 5 a. m. curfew. Wilkerson will continue with GPS monitoring and all stay away orders will remain in place.

“Wilkerson is being held not to punish but to protect the community,” Judge Ryan said. “This is a measured stair-step down.”

Parties are slated to reconvene March 6.

We Apologize

Dear reader,

We’d like to offer an apology. You may have noticed over the last couple of weeks that the D.C. Witness website has, at times, gone down. We are sorry if you came to us, and we were not there for you.

The good news, it was happening because of an uptick in users accessing the site, a show that in this time of rampant bias and disinformation, we still provide reliable information and reporting that you can’t get anywhere else.

But there is even better news. We are excited to announce today the unveiling of a brand new website accompanied by an updated logo that represents our next chapter.

We wanted to get it to you as soon as possible, which was accelerated by the need to deal with the crashing old site. Please enjoy this new site and keep coming back as we will be adding new features over the next couple of months like a map that will do so much more than just locate crimes.

Thank you for following up, and please let us know what you think.

Best,

D.C. Witness Editorial Staff

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