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Non-Fatal Shooting Trial Moved from May to September

“There’s just too much material for me to be ready by the twenty-fourth,” said defense attorney Steven Polin. As new counsel, Polin requested the court reschedule the previously set May 24 trial date. 

Tavon Owens, 30, is charged with one count of assault with a dangerous weapon, one count of unarmed carjacking, and one count of possession of a firearm for his alleged involvement in an incident that occurred on the 1400 block of Newton Street, NW on Dec. 12, 2022. According to court documents, when Metropolitan Police Department (MPD) officers arrived at the scene, they made contact with the victim who was suffering from a gunshot wound to her left shin.

During the status hearing on April 24, Polin requested to delay the trial. He said he needed more time to familiarize himself with the case. 

The prosecution told DC Superior Court Judge Heidi Pasichow her team will be pursuing the indictment diligently and anticipates she will be ready by the original May 14 indictment deadline. Even so, the prosecutor did not object to a trial delay. 

After little deliberation, Judge Pasichow granted the request and set the new date for Sept. 12. 

The legal parties set the remaining dates for the trial calendar and the prosecution anticipated calling 10 to 15 witnesses, including two experts to analyze evidentiary items. 

“This is not your run-of-the-mill gun case,” Judge Pasichow assured the court.

Once the attorneys gave their estimates for trial length, Judge Pasichow set the calendar for a two-week-long trial.

Owens is scheduled for a trial readiness hearing on Sept. 8. 

3 Co-Defendant Homicide Trial Date Pushed Back Two Weeks

During a motion hearing on April 21, DC Superior Court Judge Marisa Demeo pushed a homicide trial date, for three co-defendants, back by two weeks to give one of the defense attorneys more time to prepare.

Vorreze Thomas, Jr., 25, Brianca Phillips, 26, and Delonta Stevenson, 28, are charged with first-degree murder while armed in connection with the death of 32-year-old Terrance Allen. Allen was shot and killed on the 3000 block of Stanton Road, SE, on Jan. 18, 2021. 

At the hearing, defense attorney Elizabeth Weller, who is representing Stevenson, explained that she had filed a motion to continue the trial date as she is currently serving as counsel in an ongoing homicide trial involving six co-defendants. Weller requested the delay because the trial is lasting longer than intended and she has not had enough time to prepare.

Weller also said she is willing to push back a later trial that she will be starting in June to proceed with the co-defendant trial then. 

Stevenson and Thomas are currently being held at the DC Jail. Because all of the defendants in Weller’s June case are on release, the three co-defendant trial takes priority.

Judge Demeo agreed to the request. The trial is now scheduled to begin on June 1.

The defense also filed three motions to sever the defendants, so their cases could be heard separately. These motions were discussed privately and will be ruled on at a later hearing.

The next motion hearing is scheduled for May 12.

Motions in Murder Case Pushed Back for Further Discussions

During a status hearing on April 21, motions for a bond review and Grand Jury materials were discussed between the parties, however, a future court dated was set for further review. 

Elhadji Ndiaye, 24, allegedly shot 21-year-old Travis Ruth on the 2700 block of Jasper Street, NE, on Jan. 18, 2019. Ndiaye is charged with first-degree murder while armed, possession of a firearm during crime of violence, robbery while armed, tampering with physical evidence, destruction of property less than $1,000, and obstruction of justice. 

In regards to the bond review motion, the prosecution will need to respond with their opposition by April 26. Ndiaye is currently held at the DC Jail. 

During the hearing, DC Superior Court Judge Anthony Epstein also set a date for a trial readiness hearing for Jan. 12, 2024. The trial is slated to start the following week on Jan. 22, 2024. 

The next motions hearing is set for May 11.  

Trial Deadlines Set While Parties Await DNA Testing Results in Homicide Case

During an April 21 hearing, DC Superior Court Judge Michael O’Keefe set deadlines for trial preparations while parties wait for DNA testing results.

Darrell Moore, 45, 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. Moore allegedly shot 37-year-old Julius Hayes on the 300 block of 18th Street, NE on April 3, 2020.

Defense attorney Stephen Logerfo, who recently joined the case, said he is still learning about the case but is equipped to proceed with the previously scheduled hearings. He said DNA testing results will not be ready for several months.

Judge O’Keefe set deadlines in September and October for motions and response deadlines, respectively.

Metropolitan Police Department (MPD) officers found Hayes between two parked cars suffering from six gunshot wounds. He was pronounced dead after being transported to a local hospital. 

According to court documents, witness testimony alleges that Moore and Hayes were in an argument before the shooting.

Moore had been released from prison eight months before the incident. He and Hayes had been in the same prison facility in the past.

Trial is set for February 2024.

Moore is scheduled to return to court on Aug. 30.

Judge Gives Defendant Second Chance at Probation

During a probation show cause hearing on April 21, DC Superior Court Judge Michael Ryan`gave a defendant a second chance at probation in a shooting case.

Tyran Baker, 35, was charged with unlawful discharge of a firearm and possession of a large capacity ammunition feeding device for shooting a firearm on Jan. 1, 2022, on the 3300 block of 13th Street, SE.

Baker was already sentenced on Sept. 1, 2022, for attempted possession of a large capacity ammunition feeding device and unlawful discharge of a firearm. 

While on probation, Baker was arrested for carrying a pistol without a license in another case. A violation of his probation. 

Court Services and Offender Supervision Agency (CSOSA) recommended Baker’s probation be revoked, but Judge Ryan decided to give him an additional six months of probation starting today. 

If Baker fails to comply, he will return to jail.

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.