Defense Pushes for Murder Dismissal Due to DNA Issues

On June 27, a defense attorney argued that the prosecution’s mishandling of DNA evidence recovered from a murder weapon should result in charges being dismissed in a 2018 homicide case.

Daquan Gray, 21, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 15-year-old Jaylyn Wheeler that occurred on May 11, 2018 near the 600 block of Alabama Avenue, SE. Wheeler was taken to a nearby hospital where he later died from his injuries.

In court, defense attorney Dana Page raised concerns about the results of DNA testing allegedly showing Gray’s and two other unidentified persons’ DNA on the firearm.

Page argued that “someone else’s DNA is on that pistol and that is exculpatory evidence.”

She noted the DC Department of Forensic Sciences’ (DFS) crime lab has lost its accreditation and allegedly mishandled the firearm in this case so it can’t be tested further.

In particular, the defense mentioned there were problems with shipping, storage and keeping the evidence at the proper temperature.

The prosecutor rebutted the claims saying that the defense can still use the evidence collected for analysis. However, Page claimed that because they are unable to collect their own samples, charges should be dismissed or DNA should be excluded from the trial.

Following the arguments a separate motion to allow Gray to attend his significant other’s baby shower was allowed as long as he continuously followed his home confinement terms.

A spokesperson for pretrial services said that Gray has been compliant with his confinement terms and agreed with the request.

DC Superior Court Judge Maribeth Raffinan is set to make a ruling on the motion on Aug. 28.

Murder Defendant Accepts Plea Deal to Avoid Homicide Charge

On June 27, Anthony Green changed his plea to guilty following an agreement presented by prosecutors for Green’s alleged involvement in a homicide.

Green, 28, is now charged with assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction for a shooting that killed 16-year-old Deshawn Francis on Feb. 8 2022 near the 100 block of Chesapeake Street, SE.

Prior to the offer, Green was accused of first degree murder while co-defendant Eugene Williams ,18, is charged with first-degree murder, attempt to commit robbery, two counts of possession of a firearm during a crime of violence, and carrying a concealed weapon outside of a home or business for his alleged involvement in the murder.

Williams says he’s needs more time to consider whether to take a plea.

In court, prosecutors and defense attorneys agreed to a deal that allowed Green to plead guilty in exchange for dismissing the most serious charges stemming from an indictment. Prosecutors said they would be able to prove Green’s involvement in the killing based on security camera footage that allegedly recorded Green committing the crime.

DC Superior Court Judge Maribeth Raffinan asked Green if he understood the terms in the agreement and then told both parties to prepare pre-sentencing reports.

Sentencing is scheduled in front of Judge Raffinan on Sept. 1.

Defendant in Two Cases Pleads Guilty to Homicide

On June 26, a defendant pleaded guilty to second-degree murder.

Khamari Perkins, 22, was charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 18-year-old Naseem Simpson on the 3000 block of 14th Street, N.W., on March 15, 2020. The incident occurred while Perkins was on release for an unrelated case.

Perkins also faces charges in an alleged non-fatal stabbing that occurred at the D.C. Jail on the 1900 block of D Street, SE on Jan. 6. He’s charged with assault with intent to kill while armed, conspiracy, and unlawful possession of contraband in a penal institution.

During the hearing, the prosecutor offered a plea agreement which modified charges for the two cases. The deal required Perkins to plead guilty to second-degree murder and assault with a dangerous weapon for both cases. All other charges will be dismissed.

He faces 12-to-16 years in prison for both charges.

A sentencing hearing before D.C. Superior Court Judge Maribeth Raffinan was scheduled for Sept. 22.

Complex Homicide Trial Results in a Deadlocked Jury

On June 23, after four days of deliberation jurors told DC Superior Court Judge Michael Ryan that they were deadlocked and unable to reach a verdict in a complex murder case.

Victor Coley, 60, was found guilty in 2015 for his involvement in a shooting that injured four on Nov. 6, 2013 on the 3900 block of Minnesota Avenue, NE. His conviction included assault with intent to kill and possession of a firearm, along with 11 other charges.

In 2021, one of Coley’s victims, 65-year-old Dennis Foster, died allegedly from gunshot wounds sustained in the 2013 shooting. As a result new murder charges were filed against Coley.

According to testimony from several witnesses, Foster was paralyzed after being shot twice in the back, and suffered years of health complications preceding his death on Dec. 3, 2021.

Coley was convicted of shooting three other people. One victim suffered a shot to the leg, another to the hand, and a third was shot in the back of the head and in the chest.

Prosecution witnesses included eyewitnesses, medical examiners, and toxicologists from the DC Office of the Chief Medical Examiner (OCME). On June 7, a medical examiner testified that Foster died of complications caused by his gunshot wounds, and that his manner of death was homicide.

One of the surviving victims, who still has bullet fragments in his chest, testified he suffers migraines from the shooting.

Key witnesses for the defense included medical experts as well as police officers who responded to the crime scene in 2013.

On June 12, a forensic pathologist called forth by the defense testified that elevated levels of sertraline, a drug commonly known as Zoloft and used to treat depression and other mental health conditions, in Foster’s blood was elevated and could have caused an overdose.

Two days later, the chief toxicologist at the OCME testified that the levels of sertraline in Foster’s blood were “inconsistent with an acute overdose.”

In their closing statements, prosecutors stated that Coley intended to execute Foster when he shot him from close range in 2013, and urged the jury to find him guilty of Foster’s murder.

Defense attorneys brought forward various inconsistencies in the prosecution’s argument and witness testimony that was ultimately enough to result in a hung jury.

A status hearing is set for July 10 to figure out steps for a new trial.

Judge Orders More Mental Tests for Violent Crimes Suspect

On June 23, following weeks of disagreement between parties, DC Superior Court Judge Rainey Brandt assigned a doctor to continue mental observations of a defendant accused of violent crimes.

Joseph Evans, 57, is charged with kidnapping while armed, first degree sexual abuse while armed and assault with a dangerous weapon in connection to an incident on Sept. 24, 2012 on the unit block of K Street, NE. According to court documents, a gun was fired during the crime.

Parties discussed a prosecution motion to reconsider using an independent mental health expert, following lengthy discussions about the mental observations done by the DC Department of Behavioral Health (DBH).

On June 16, Judge Brandt expressed concern about the original mental health expert’s testimony and said that she needed more time to make a ruling.

The prosecution asked if they could bring in a mental health expert, but Judge Brandt declined their request, stating that both parties had previously had the opportunity to appoint an expert.

So, Judge Brandt designated an expert who is not affiliated with DBH to perform more evaluations on Evans.

All parties are scheduled to return on July 20 to review Evans’ new evaluation to see if he’s mentally competent to stand trial.

Non-Fatal Shooting Defendant Rejects Plea Offer

On June 26, 2023, defendant Rae Kwon Sutton rejected a plea offer before DC Superior Court Judge Lynn Leibovitz.

Sutton, 25, is charged with assault with a dangerous weapon committed during release, and possession of a firearm during crime of violence committed during release, among other charges, for his involvement in a non-fatal shooting on the 4800 block of Benning Road, SE, on March 19, 2022.

According to court documents, a 911 phone call was placed by a complainant who screamed she was about to die because a man was shooting at her home, apparently in error because Sutton’s alleged target wasn’t there.

Prosecutors offered a plea deal which would have Sutton plead guilty to all charges in exchange for a dismissal of charges in an unrelated incident. He rejected the offer, and asserted his right to a speedy trial.

Sutton is expected back for a trial readiness hearing set on Sept. 15.

‘Thank God for Justice,’ Says Victim’s Sister After Murder Conviction

On June 23, a jury convicted Isaac Moye of murder and family members expressed relief at the verdict.

Moye, 45, was convicted of second-degree murder for his involvement in the disappearance and death of Unique Harris, 24. Harris, who was last seen near the 2400 block of Hartford Street, SE, was declared missing on Oct. 10, 2010. Moye was charged in connection to the case on Dec. 21, 2020.

Outside the courthouse, Harris’ sister told D.C. Witness she was grateful for the verdict, saying, “Thank God for justice.”

While Harris’ body was never recovered, an investigation conducted by the Metropolitan Police Department (MPD) led to Moye’s becoming the primary suspect.

“[There is] a missing girl in DC, only she’s not missing, she’s gone,” prosecutors stated in their opening arguments.

As the trial progressed, prosecutors presented evidence that placed Moye at Harris’ apartment the night she disappeared. Using data collected from Moye’s electronic monitoring device, which an expert witness examined, prosecutors argued Moye’s GPS location linked him to Harris’s murder.

Additional evidence including DNA samples recovered from a couch cushion in Harris’ apartment, showed that Moye had previous sexual encounters with Harris even though he denied having sex with her in interviews with investigators.

Defense attorneys for Moye refuted prosecution claims about Harris’ disappearance stating the “investigation of this case was doomed from the very start.”

The defense noted MPD’s not acting quickly to collect evidence and follow up on potential leads. Moye’s lawyers also said other suspects were overlooked and should have been interviewed for their possible connection to the crime.

In closing statements, defense attorney Jason Tulley told the jury that Moye was “accused of something he did not do.”

Prosecutors urged the jury to “bring her home”, evoking an emotional response from Harris’ family members in the courtroom. As the jury read the verdict, members of Harris’ family cried out with relief.

DC Superior Court Judge Anthony Epstein then questioned the jurors in turn if they agreed with the verdict. Each gave a confident affirmative. As the jury left the room, Harris’ family members embraced the prosecuting attorneys.

“We are strong believers in God. Today was Him showing his power,” Harris’ sister said in a follow-up email. “In my opinion a just punishment would be the death penalty! My sister had to pay with her life. I feel as though he should too.”

Harris’ sister also gave a strong warning to women in general stating “As women I encourage us to get protection for our households and protect ourselves and children because in this case initially the police department failed my sister.”

Yet, she expressed faith in the justice system, saying, “I believe [the verdict] gave all of us hope.”

Meanwhile, defense attorneys filed a motion for a mistrial based on the prosecution’s handling of the case.

Parties are expected to argue on the mistrial motion on as well as pick a sentencing date on July 7.

Document: Homicide: 3400 block of 22nd Street, Southeast

The Metropolitan Police Department (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a homicide that occurred on June 25 on the 3400 block of 22nd Street, SE.

According to MPD documents, officers responded to the scene for reports of a shooting and located an individual suffering from gunshot wounds. There were no signs consistent with life.

The decedent has been identified as 28-year-old Atorrin Tyndle.

Document: Decedent Identified Homicide: 600 block of I Street, Northwest

The Metropolitan Police Department Homicide Branch has identified the victim in a fatal shooting that occurred on June 19 on the 600 block of I Street, NW. MPD asks for the public’s continued assistance in the investigation of the incident.

According to MPD documents, officers heard gunshots, and, when canvassing the area, located an adult male individual suffering from gunshot wounds and with no signs consistent with life.

The decedent has been identified as 30-year-old George Johnson.

Co-Defendants in A 2019 Murder Case Plead ‘Not Guilty’ to All Charges

Deangelo Glover, 31, and Ronald Wallace, 49, are charged with first-degree murder premeditated while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm for allegedly shooting two individuals on Jan. 19, 2021 on the 3800 block of Hayes Street, NE.

According to court documents, 32-year-old Tyrone Wright died in the incident.

Counsel for both defendants alerted the court they were pleading not guilty to all charges, and asserted their right to a speedy trial.

DC Superior Court Judge Michael O’Keefe set a status hearing for Sept. 7, where all parties are expected to appear.

Judge Accepts Plea Deal in Gun Homicide

On June 23, DC Superior Court Judge Maribeth Raffinan accepted a plea deal in the shooting death of 37-year-old Malik Muhammad at the hands of Reginald Turner.

Turner, 38, pled guilty to one count of voluntary manslaughter while armed and one count of unlawful possession of a firearm for his involvement in the shooting that occurred on the 800 block of Taylor Street, NE on Nov. 26, 2018.

Defense lawyers for Turner, Dana Page and Kevin Mosley, and prosecutors agreed on ten-to-12 years jail time as appropriate for both counts in the plea. The sentence includes a mandatory year for unlawful possession of a firearm as a convicted felon.

According to court documents, witnesses described Turner’s provoking an argument with Muhammad before hearing multiple gunshots. Turner was seen driving away from the scene.

At sentencing, Judge Raffinan still has the discretion to impose the maximum of 30-years for voluntary manslaughter and ten-years for the unlawful possession charge.

Sentencing is set for Sept. 8.

Defendant Pleads ‘Not Guilty’ in 2022 Homicide

On June 23, a defendant in a homicide case was arraigned before DC Superior Court Judge Michael O’Keefe.

Riley Benjamin, 32, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in the murder of 31-year-old Maurice McRae on Feb. 19, 2022, on the 3000 block of Bladensburg Road, NE. McRae died from his injuries on April 27, 2022.

Benjamin’s defense attorney, Prescott Loveland, notified the court Benjamin was pleading not guilty to all counts. The defense renewed its motion to dismiss based on the “lack of a timely indictment,” which was denied by Judge O’Keefe.

The prosecution said plea negotiations for this case are ongoing.

Parties are expected to return for a status hearing on July 13.

Defendant Pleads Guilty but Sentencing Postponed

On June 23, sentencing for a defendant was rescheduled to allow the defense more time to review the case and prepare for sentencing, that despite an existing guilty plea.

Donyell Miller, 24, pleaded guilty on March 23 to one count of aggravated assault and one count of possession of a firearm during a crime of violence for his involvement in a carjacking incident that occurred on Sept. 16, 2021 on the 2100 block of Benning Road, NE. During the incident, Miller fired a gun, injuring one individual.

Defense attorneys asked for a continuance, and as a part of their review, they plan on having Miller evaluated by a mental health expert, but one has not been chosen yet.

The defense hopes to schedule an evaluation within the next month, but prosecutors believe it is unnecessary since Miller is facing significant jail time and has already pleaded guilty.

DC Superior Court Judge Robert Okun granted the request to reschedule the sentencing, because he is not confident the expert evaluation will be done before the assigned date.

Judge Okun has denied further continuances requested by the defense.

Sentencing has been rescheduled to Aug. 25.

Judge Orders Additional Seven-Years Jail Time for Fatal Cellmate Beating

On June 23, DC Superior Court Judge Maribeth Raffinan sentenced Marcel Jackson, 36, to seven-years confinement and five-years supervised release for his involvement in a DC Jail killing.

Jackson was originally charged with second-degree murder for allegedly killing his DC Jail cellmate, 37-year-old Sean Lee on May 15, 2022, on the 1900 block of D Street, SE. On March 30, he pled guilty to voluntary manslaughter in Lee’s killing. Lee was assumed to have overdosed prior to autopsy reports detailing lacerations on his neck and blunt force trauma causing severe bleeding and death.

At the time of the incident, Jackson was already serving a 10-and-a-half year term for another voluntary manslaughter incident that occurred on May 8, 2022. The new charges will be added onto to Jackson’s existing jail time.

The prosecutor read a letter addressed to the court from Lee’s mother, describing the intense pain and sorrow in her life since her son’s death. She explained her frustration towards the corrections department for its lack of protection.

Lee’s mother lamented “a loss of trust and faith in the judicial system” regarding her son’s being placed with an individual she described as mentally sick and previously violent.

She also claimed that not only did Jackson take Lee’s life, but the killing led Lee’s father to his demise shortly afterwards from what she claims was heartbreak.

After hearing the defense and prosecution’s memorandums, Judge Raffinan spoke directly to Jackson saying “Understand and learn from your mistakes in the past, so in the future this type of conduct does not occur.”

Judge Raffinan took into consideration Jackson’s lengthy history of criminal activity, mental illness, and substance abuse in determining the sentence.

Jackson will serve this sentence at either a federal medical center or a high-security U.S. penitentiary to have access to better behavioral health services following the completion of the additional felony charge.

Defendant Facing 12-count Indictment Pleads Not Guilty

On June 23, a non-fatal shooting defendant pleaded not guilty to 12-charges.

Damar Whitley, 46, also known as Delmar Whitley, is charged with assault with intent to kill while armed against a minor, possessing a firearm during crime of violence, aggravated assault knowingly while armed against a minor, assault with a dangerous weapon against a minor, unlawful possession of a firearm, carrying a pistol without a license, possession of a destructive device, unlawful poss ammunition for his alleged involvement in a non-fatal shooting on the 4600 block of Alabama Avenue, SE on August 31, 2022.

The incident left one victim suffering from gunshot wounds.

The defendant pleaded not guilty to all charges, and asserted his right to a speedy trial, in front of DC Superior Court Judge Marisa Demeo.

Parties are expected back Sept. 11.

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