Defense Prepares Motion to Continue 2015 Homicide Trial

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

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

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

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

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

The next hearing is slated for May 1.

Defense Intends to Compel Witness to Provide DNA for Testing

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

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

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

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

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

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

Judge Finds Substantial Probability in Murder Case

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

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

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

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

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

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

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

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

Homicide Defendant’s Probation Show Cause Hearing Dismissed

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

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

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

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

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

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

Defendant to be Re-Sentenced for Non-Fatal Shooting

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DNA Testing Pushes Trial Date Back By Nearly a Year

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

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

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

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

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

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

Two weeks later, that concern became reality.

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

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

Parties in Felony Case Proceed to Trial

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

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

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

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

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

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

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

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

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

Firearms Expert Testifies as Gang-Affiliated Murder Trial Continues

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

Gregory Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 23, and Marquell Cobbs, 21, are six of 10 defendants charged with first-degree murder, criminal street gang affiliation, conspiracy, possession of a firearm during a crime of violence, assault with intent to kill, and other charges regarding a fatal drive-by shooting that resulted in the death of 10-year-old Makiyah Wilson. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018.

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

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

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

The trial is scheduled to resume on April 24.

Document: Police Investigate Homicide on 19th Street, SE

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

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

Murder Defendant Rejects Global Plea Deal

A defendant in a homicide case rejected a global plea deal relating to two other cases at a hearing on April 20 in front of DC Superior Court Judge Anthony Epstein.

Dajuan Jones is charged with first-degree murder while armed for allegedly shooting 21-year-old Brea Moon on April 7, 2020, on the 3900 block of Alabama Avenue, SE.

Jones, 22, is also charged with assault with a dangerous weapon in relation to a stabbing on Jan. 1 at the DC Department of Corrections and assault with a dangerous weapon for a shooting on May 2, 2020, on the 5000 block H Street, SE.

Jones and six other co-defendants allegedly opened fire on a construction site, injuring one person. Two of those defendants are charged with first-degree murder while armed and litigation is pending in other cases.

At the hearing, the prosecution offered a global plea deal that would cover all three of the cases. The deal included pleading guilty to second-degree murder while armed, assault with a dangerous weapon, and assault with intent to kill.

Defense attorney David Knight rejected the offer on behalf of Jones.

The next motion hearing is slated for Aug. 4.

Motion Hearing Continues in 54 Defendant Case For Jury Selection Issues

DC Superior Court Judge Marisa Demeo presided over a motion hearing that involved 54 defendants concerning violations of their rights during jury selection.

Defense attorneys Jason Tulley and Imeime Umana are representing a compiled case of 54 defendants, claiming that each of the defendants had their fifth and sixth amendment rights violated due to the Fair Cross Section Clause. This clause ensures juries will fairly represent the populations in D.C.

Each case involved in the motion hearing selected their juries during the COVID-19 pandemic, leading defense counsel to question the representativeness of their jury pools.

Additionally, most are felony level homicides or sexual abuse cases, dating from 2018 to 2022. One case was a non-fatal shooting. Each of these cases are at different stages in the criminal justice system.

According to court documents, these cases did not have a fair representation of the black population in D.C., violating the defendants’ rights. Defense counsel said this is believed to be caused by the COVID-19 pandemic disproportionately affecting the black population negatively, leading to more disqualifications and excuses for black jurors.

The motion filed by the defense is requesting all jury selection materials to ensure the fair selection of the jury was not violated, specifically due to any changes that could have been made as a result of the COVID-19 pandemic.

Of the 54 defendant cases, 24 of them were homicides, and only one case was a non-fatal shooting.

Since the hearing was centered around a litigation issue, all defendants’ appearances were waived.

Cases included:

c,19, is charged with carrying a pistol without a license outside the home or business, destruction of property, possession of an unregistered firearm, and unlawful discharge of a firearm on May 3, 2022, on the 1300 block of Morris Road, SE

Despite Henderson’s case being a non-fatal shooting he was put on release.

Kaevon Sutton,22, is charged with first-degree murder, possession of a firearm during a crime of violence, and carrying a pistol without a license regarding the alleged shooting of Aujee Tyler, 22, on March 19, 2018, on the 3500 block of Station Road, SE.

Isaac Moye, 54, is charged with second-degree murder for allegedly killing 24-year-old Unique Harris. Harris appeared to be missing when she was not found in her home on the 2400 block of Hartford Street, SE. Harris has been missing since Oct. 9, 2010, and was presumed dead in 2018, although her body has still not been found.

Sutton and Moye were both held in prison the longest. Sutton, since his recent trial on November 29, 2022, has been released and must report to a pretrial service as part of his release conditions.

Moye, including the following 11 defendants charged with a homicide or non-fatal shooting, have not been convicted for their crimes and remain in custody at the D.C. Jail.

Carson Posey, 23, is charged with first-degree murder while armed for allegedly killing 28-year-old Shantal Hill on April 15, 2020, on the 1200 block of North Capitol Street, NW.

Tony McClam, 25, is charged with first-degree murder while armed against a minor, three counts of possession of a firearm during a violent crime, two counts of assault with intent to kill, and carrying a pistol without a license outside a home or business. McClam, allegedly killed 11-year-old Karon Brown on July 18, 2019, on the 2800 block of Alabama Avenue, SE.

Ch’Juan Robinson, 25, is charged with first-degree murder while armed, possession of a firearm during a violent crime, and two counts of unlawful possession of a firearm for allegedly killing 32-year-old Louis Kingsbury on the 200 block of New York Avenue, NW on April 29, 2020.

Nathaniel Bates, 38, is charged with first-degree murder while armed, felony murder while armed, robbery while armed, unlawful possession of a firearm after being convicted of a prior crime of violence, and three counts of possession of a firearm during a crime of violence. All charges were offenses committed during release for allegedly killing Eddie Crist, 28, on the 4000 block of South Capitol Terrace, SW on May 8, 2020.

Alphonso Walker, 45, is charged with two counts of first-degree murder regarding the death of Dalonte Wilson, 23, and Antone Brown, 44, on April 25, 2018, near the 400 block of 61 Street, NE.

Thomas Field Jr, 39, is charged with three counts of assault with a dangerous weapon, three counts of unlawful possession of a firearm, four counts of possession of a firearm during a crime of violence, kidnapping while armed, three counts of tampering with physical evidence, and first-degree murder while armed for the alleged stabbing of Marquita Lucas, 24, on Aug. 17, 2019 in the 3700 block of Horner Place, SE.

Kenneth Stewart, 61, is charged with first-degree murder while armed and assault with a dangerous weapon for allegedly shooting Courtney Jones, 54, on July 23, 2020, on the 2300 block of Pennsylvania Avenue, SE.

Stephon Darnell Williams, 32, is charged with voluntary manslaughter in the shooting of his 49-year-old father, Stephen Magruder, on Sept. 11, 2020, on the 700 block of 51 Street, NE. Before the shooting, the two reportedly got into an argument over $5 and a physical altercation took place, D.C. Witness previously reported.

The prosecution and Office of Attorney General will have 30 days to respond to this motion. The next hearing is scheduled for May 11.

Parties Continue to Bicker A Day Before Trial In Double Murder Case

On April 19, DC Superior Court Judge Rainey Brandt walked out of the courtroom leaving attorneys to argue among themselves.

Alphonso Walker, 45, 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.

Defense counsel Prescott Loveland requested the prosecution tell the defense who they plan to call as witnesses 24 hours in advance.

The prosecution stated that they would inform the defense during lunch breaks the day before but not earlier than that.

“Pull yourself together and act like adults”, Judge Brandt told both parties after they failed to agree.

In addition, the defense wants to limit testimony from a witness who reportedly told a Grand Jury that Walker confessed to the murder during one of their conversations.

Judge Brandt allowed the prosecution to use the testimony.

“Everyone ready tomorrow by 9 o’clock, not 9:05, not 9:15” Judge Brandt said to attorneys regarding next the day’s jury selection.

Jury selection is slated to begin on April 20.

Hearing for Murder Case Continues Due to Defendant’s Illness

A trial readiness hearing was rescheduled on April 19 because a defendant was sick.

Carlos Kinney, 23, is charged with second-degree murder while armed, three counts of possession of a firearm during a crime of violence, first-degree burglary while armed, carrying a pistol without a license outside a home or business in violation of the Second Emergency Act of 2014, obstructing or preventing or interfering with reports or requests for assistance from law enforcement, and robbery while armed for allegedly shooting Resha Blount, 25.

The incident allegedly occurred on April 30, 2020, on the 900 block of New Jersey Avenue, NW.

According to court documents, Blount was shot in a bedroom after failing to pay a drug dealer for weed.

Kinney did not appear for court because of an undisclosed illness.

During the hearing, counsel also said they may be willing to accept a plea offer, leading DC Superior Court Judge Anthony Epstein to hold off the jury selection.

The parties are scheduled to return April 20 for a status hearing.

Judge Accepts Defense Request to Seal Plea Deal

At a status hearing on April 20, DC Superior Court Judge Anthony Epstein granted the defense’s request to seal a plea deal and the proffer of facts to protect the defendant’s safety.

Alvin Jackson was charged with three counts of assault with intent to kill, three counts of possession of a firearm during a crime of violence, three counts of criminal street gang affiliation with a felony or misdemeanor and conspiracy while armed in relation to a shooting on May 2, 2020, on the 5000 block H Street, SE injuring three victims.

Defense attorney, Euphus Belu-John, indicated that Jackson, 29, intends to take a plea deal offered by the prosecution and requested that the offer and the facts of the case be sealed. Given that Jackson would be incriminating another defendant in the plea agreement, Belu-John explained that Jackson’s safety would be at risk if the deal was open to the public.

The prosecution agreed with the defense’s concerns.

Judge Epstein granted the request. The plea deal details were then discussed in private.

At the hearing, Jackson also pleaded guilty to assault with intent to kill. Both the prosecution and defense agreed to a 12-year sentence with five years probation. However, the final sentence is up to Judge Epstein’s discretion.

Dajuan Jones was also charged in this incident, but his case was dismissed on June 10, 2022, because Jones’ sole charge, assault with a dangerous weapon, was already indicted in a murder case the 22 year old has pending.

The full report and sentencing is slated for July 14.

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