Judge Criticizes Police Policy in Sexual Assault

DC Superior Court Judge Rainey Brandt criticized the thoroughness of a Metropolitan Police Department’s (MPD) investigation of a sexual assault case during a March 22 preliminary hearing.

“A man’s liberty is at stake,” Judge Brandt said.

The 38-year-old defendant is charged with third-degree sexual abuse and assault with intent to commit first-degree sexual abuse linked to an incident on Feb. 28 at the Generator Hotel and Hostel on the 1900 block of Connecticut Avenue, NW.

The victim says she was staying in the same room with the defendant, even though they just met. Then after she declined multiple sexual advances Rosales came up behind her at a desk and started to touch her inappropriately.

An MPD detective testified there was sufficient evidence to charge the defendant.

During cross-examination, defense attorney Aubrey Dillion asked if police questioned the victim about whether she was under the influence of drugs or alcohol at the time of the alleged attack.

The detective testified it is not protocol to ask sensitive questions to someone who’d just experienced a sexual assault.

Judge Brandt said the MPD should rethink its approach in these cases to gather as much evidence as possible.

The detective said he asked the victim if she had been under the influence, but she responded no. However, the officer emphasized it wasn’t standard procedure to gather that kind of information.

The preliminary hearing is scheduled to continue on March 28.

Trial Pushed Back in Brother’s Murder Case

On March 22, DC Superior Court Judge Robert Okun granted a motion for a trial date to be continued in a murder case involving two brothers.

Joseph Smith, 60, is charged with voluntary manslaughter while armed for allegedly stabbing his 62-year-old brother, Arnold Smith, in their family home located on the 600 block of Galveston Place, SE on April 9, 2019.

Joseph’s defense attorney filed a motion to have the trial continued due to some personal matters.

However, the prosecution opposed the motion, arguing that it has been a long time since the incident occurred, and the trial should not be pushed back any longer.

The sister joined in on the hearing, saying that “the justice system has failed my brother [decedent].” She told Judge Okun that he should not have to wait any longer for justice to be served for his murder.

Due to several issues involving rescheduling of the trial, Judge Okun granted the motion, for now, saying the issue would be revisited in the coming months to see if there are any earlier dates available for the trial.

Parties are expected back in court on Jan. 3, 2024.

Defendant Returns to Court 2 Years After Guilty Verdict

A defendant in a domestic violence case was summoned to DC Superior Court for allegedly violating his parole conditions.

He was charged with armed assault with intent to kill on May 6, 2019. Soon after, William McKenzie went to trial. On Oct. 1, 2020, McKenzie, 45, pleaded guilty to assault with a dangerous weapon and unlawful possession of a firearm. All of his other charges were dismissed.

McKenzie thought that his case was closed on Dec. 8, 2020, after he was sentenced. But, he was mistaken when he was recalled to court for a probationary show cause hearing on March 20.

During Monday’s hearing, defense attorney John R. Fowler informed DC Superior Court Judge Michael Ryan that McKenzie has a bench warrant in Alabama from 2002. Fowler also said he and his client have attempted to “get picked up” for this warrant on two separate occasions.

Both times were unsuccessful.

After this brief explanation, Judge Ryan said it was clear that McKenzie has been in full compliance with his probationary conditions and that the outstanding bench warrants mistakenly triggered a violation in the system.

Fowler assured Judge Ryan that he and McKenzie would work to squash the warrant. Judge Ryan discharged the show cause hearing.

Prosecution Continues Trying to Prove Criminal Gang Activity in 10-Year-Old Murder Case

During a March 21 trial, the prosecution called two witnesses who testified regarding a gang-related shooting the defendants allegedly took part in.

Gregory Taylor, 26, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 22, 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.

A former Forensic Scientist testified about pictures and evidence she collected from a shooting in the Potomac Gardens neighborhood back in 2017.

The witness identified pictures she took of the victim’s face and injuries while she was at George Washington University Hospital.

She also identified every picture she took of the crime scene location, including 39 different bullets and cartridge casings that were collected on sight.

During cross-examination, Murchison’s defense attorney Carrie Weletz asked the witness if she was the only one who discovered and identified the evidence. The witness said she discovered and identified some of the evidence.

Weletz continued addressing that the Department of Forensic Science lost its credibility back in 2019 and is now no longer able to conduct any internal testing.

After the prosecution asked the witness to clarify, the witness stated that only a section of the department lost their credibility and it was not the one she worked in.

A former US Attorney General investigator also testified about the search he conducted on multiple phones that were recovered from the alleged gang members, discussing call history.

The witness’s testimony is to be continued after the jury was sent home early because a juror fell ill.

The trial is scheduled to resume on March 22.

Jury Begins Deliberations in Haltiwanger Murder Trial

The jury in the Shaka Haltiwanger murder trial couldn’t reach a verdict after its first day of deliberations March 21.

Haltiwanger, 23, is charged with second-degree murder while armed, possession of a firearm during a crime of violence while armed, possession of a large capacity ammunition feeding device while armed, and carrying a pistol without a license outside a home or business.

However, the jurors did ask DC Superior Court Rainey Brandt if they could watch police videos of conversations with a key witness in the case. Some of the material was presented during the trial.

Haltiwanger is accused of killing Anthony Kelly on Sept. 10, 2021, on the 1400 block of 29th Street, SE. He says his actions were in self-defense.

After discussions with the defense and the prosecution lawyers, Judge Brandt denied the request, saying, “The jury must rely on recollections of what they saw and heard at the trial.”

Deliberations are scheduled to reconvene tomorrow at 9:30 am.

Document: Metro Police Shooting on Howard Road, SE

The Metropolitan Police Department is investigating a metro police involved shooting that occurred on March 16 on the 1100 block of Howard Road, SE.

According to a press release, a suspect and a victim had a confrontation on a Circulator bus, which led to the suspect chasing the victim off the bus. While off the bus, the suspect assaulted and stabbed the victim.

After calls for the suspect to drop the weapon, a metro transit police officer discharged, striking the suspect.

Both the suspect and the victim were taken to local hospitals and treated for their injuries.

Case Acquitted: Homicide Defendant Explains Why He Discharged His Firearm

Sutton was acquitted of murder and possession of a firearm during a crime of violence on March 23, 2023.

On March 20, the defendant in a homicide case testified for the second day in DC Superior Court, recounting the shooting that led to the death of former professional boxer, Aujee “Quick” Tyler.

Kaevon Sutton, 21, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or place of business in relation to the shooting of Aujee Tyler. Sutton allegedly shot Tyler, 22, after an altercation on March 19, 2018, on the 3500 block of Stanton Road, SE.

During Monday’s trial, Sutton told the court that he saw an L-shaped bulge in Tyler’s pants the day of the incident, which he thought was a firearm. Sutton said Tyler allegedly told him he would “kill [his] little ass and take everything.”

Sutton said that in that split second he was scared and didn’t want to lose his life, so he fired his gun.

The defendant said he fled to a nearby apartment building where he knew he’d be safe. In a string of events, the defendant said he made his way to his brother’s home, warned his parents of possible retaliation, and was taken to hide in North Carolina.

When asked by defense attorney Jessica Willis why he fled to North Carolina, Sutton said, “I was 16, I was just doing what my father told me.”

After Sutton concluded his testimony, the defense called a neuropsychologist to testify. DC Superior Court Judge Michael Ryan accepted the defense’s motion to consider the doctor as an expert opinion witness, despite protest from the prosecution.

This witness said that, when under extreme stress, a person’s behavior and ability to make decisions could be inhibited. With further explanation the doctor said logical parts of our brain are overcome by fear triggering a flight, fight, or freeze response.

Furthermore, the witness said that the more a person is exposed to traumatic triggers, the more they’re ‘primed,’ leading to quicker responses in similar situations.

Jessica Willis, Sutton’s attorney, asked the witness if this type of fear could develop into an extreme response––like discharging a weapon sixteen times.

“The more fearful the situation, the more extreme the response – it is a continuum,” the witness said.

Trial is set to resume March 21.

Jury Retires To Deliberate In A Murder Case

On March 20, the defendant took the stand before the defense rested their case to convince the jury that he acted in self-defense.

Twenty three-year-old Shaka Haltiwanger is charged with second-degree murder while armed, possession of a firearm during a crime of violence while armed, possession of a large capacity ammunition feeding device while armed, and carrying a pistol without a license outside a home or business in connection with the shooting of Anthony Kelly, 39. The incident took place in an apartment building on the 1400 block of 29th Street, SE.

On Monday, Haltiwanger testified in front of the jury about the day he shot Kelly. According to his testimony, he used to sell drugs to Kelly’s father regularly. The night before the shooting he came to the father’s apartment, sold him drugs and spent the night, which, he said, was what he usually did.

According to the defendant, in the morning, Kelly woke him up with a gun to his head asking him to leave the apartment. He stated that the victim was drunk and thought that Haltiwanger was not moving fast enough, which led Kelly to throw him out of the apartment even after Kelly’s father tried to calm him down.

When defense attorney Wole Falodun asked him what happened after he left the apartment, the defendant said the victim followed him down the hallway into the staircase yelling and threatening to kill him, saying “I am going to drag your ass”.

The defendant then said the victim grabbed him by his jacket, which was wrapped around his waist and that’s when the defendant unzipped his backpack, took his gun out and shot Kelly without even turning around.

“It was him or me and I just saved my life,” the defendant said.

During cross-examination, the prosecution asked the defendant about a phone call he had with his sister while in jail. On the call, the defendant told his sister that he needed a good lawyer because he did not believe the one he had was on his side..

The prosecution played a portion of the clip in which the sister is heard asking, “if you were scared and you did it?

In the same clip, Haltiwanger is heard answering with “that is not the case.”

The prosecution used the clip to show Haltiwanger was not scared when he shot the victim.

After the testimony, the prosecution delivered their closing statement, asking the jury for the only fair verdict — a guilty verdict.

The prosecution stated that self-defense has no place in this case, saying the only reason it was brought up is because there is nothing else to claim. The defendant shot the victim as he was walking away from him trying to leave the building, the prosecution continued.

According to the prosecution, an eyewitness testified that she saw Haltiwanger shoot Kelly as he walked away. The prosecution also showed the jury the murder weapon, saying such a huge gun is not for self-defense.

The defense’s closing statement started with telling the jury that the prosecution is only relying on eyewitness testimony that has been inconsistent. The witness’s testimony was different every time she was asked about the incident, and the prosecution picked the one that helped their case.

Falodun ended his argument by pushing the self-defense angle. He was defending himself because he was scared for his life, Falodun said.

DC Superior Court Judge Rainey Brandt gave the jury their final instructions before they were dismissed.

Jury deliberation is scheduled to begin on March 21.

Autopsy Photos Shown in Murder Trial Trigger A Mother’s Grief

During trial on March 20, a family member hugged a grieving mother as she shed tears for her murdered son as prosecutors showed photos of the killing.

Jean-Paul Kearney, 36, is charged with second-degree murder while armed for allegedly shooting 33-year-old Dontra Harris on April 4, 2021, on the 1800 block of 24th Street, NE.

“It’s like stitches being ripped out– this is worse for me than the actual death. Seeing the pictures and hearing the video [and] audio,” the mother told D.C. Witness.

Kearney is also charged with assault on a police officer while armed for allegedly firing four gunshots as officers were trying to exercise a search warrant. According to court documents, a sergeant conducted three “knock-and-announces” before ordering his officers to break down the front door.

During the proceeding, a D.C. medical examiner told prosecutors Harris’ death was a homicide, not a suicide based on the seven bullet wounds that entered and exited his body.

Defense attorney Michael Madden asked the expert if it was possible to determine who the shooter was based on the bullet wounds. The answer was no.

The prosecution also played a video in which Kearney says in an apparent reference to the police investigation, “She might of fucked up. The officers can’t search the car without a warrant”.

The trial is set to reconvene March 21.

Hearing Continued in 3-Defendant Homicide Case

A sentencing was delayed for three defendants in a murder case while one of the accused asked for more time to consider a plea offer from the prosecution. Keith Baham’s defense attorney requested a 30-day extension to review the plea deal, extended to all, in the case.

Raymond Avent, 23, Tyler Stringfield, 24, and Baham, 23, are charged with allegedly murdering Rafiq Hawkins, 23, on March 23, 2019, on the 1200 block of Brentwood Road, NE.

Avent, Baham, and Stringfield are facing multiple counts including first-degree murder while armed, conspiracy, possession of a firearm during a crime of violence, two counts of carrying a pistol without a license outside a home or business, two counts of possession of a large capacity ammunition feeding device, two counts of possession of an unregistered firearm and two counts of unlawful possession of ammunition.

In addition, the trio is accused of unlawfully entering a motor vehicle, unauthorized use of a vehicle, fleeing a law enforcement officer, destruction of property worth less than $1,000, two counts of destruction of property $1,000 or more, and leaving the scene while armed after a collision causing injury to an animal.

Baham is also charged with two counts of unlawful possession of a firearm due to a prior conviction.

Meanwhile, the other two defendants must postpone acting on the plea agreement until Baham decides whether to accept or reject it.

All parties are expected back in court on April 25.

Judge Denies Defense Request to Drop Charge

Defense counsel’s closing argument in a murder trial centered largely on circumstantial evidence. A key piece of disputed evidence is from a cell phone.

Jean-Paul Kearney, 36, is charged with second-degree murder while armed for allegedly shooting 33-year-old Dontra Harris on April 4, 2021, on the 1800 block of 24th Street, NE.

On March 21, Defense attorney Michael Madden requested the obstruction of justice charge be dropped because “there is no evidence for which the jury could reasonably infer that Mr. Kearney knew or even should have known that there was some sort of evidence on that phone”.

In court, prosecutors played phone audio between Kearney and his mother. In the call, Kearney repeatedly says to his mother “Ask Siri to find my iPhone” which suggests that he attempted to get rid of personal information with the help of his mother’s help.

In the audio, the mother also says “you are saying too much on this phone.”

The defense’s motioned to drop the charges was denied.

Both parties are set to reconvene on March 22.

Witness on Third Day of Testimony Accuses Defense of Antagonizing

The prosecution’s witness told defense attorneys they were antagonizing him as he testified in a homicide and conspiracy trial.

Gregory Taylor, 26, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 22, 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 Makiyah Wilson. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018.

The witness who testified on March 20 allegedly sold the defendants a vehicle that was used to flee the scene.

Murchison’s defense attorney, Elizabeth Weller, questioned the witness about the interviews he had given when arrested for carjacking in Maryland. According to the witness, in the first two interviews, he refused to provide any information to either Prince George’s County Police Department officers or Metropolitan Police Department (MPD) detectives.

According to the witness, in his third interview, after consulting with his lawyer, he provided a glimpse of some of the information he had regarding the carjacking and selling of a black Infiniti vehicle that was connected to the July 16, 2018 homicide.

According to the witness, a month after he was released in 2018, he was “at the wrong place at the wrong time,” during the carjacking of the vehicle.

After being charged for the carjacking, he accepted a more lenient plea deal for his assistance in the trial.

The witness is currently awaiting sentencing for his involvement in the carjacking, which is to be scheduled after his testimony in this trial.

Trial is slated to resume March 21.

Document: Traffic Fatality on New York Ave, NE

The Metropolitan Police Department is investigating a traffic fatality that occurred on the 1700 Block of New York Avenue NE on Nov. 6, 2022.

According to a press release, 38-year-old Brandon Johnson was struck by a bright green Dodge Challenger as he was crossing the street. The driver of the car fled the scene.

Johnson succumbed to his injuries on March 18.

Judge Denies Motion to Place Defendant Within 15 Miles of DC

After the District of Columbia Court of Appeals decided to reverse a defendant’s second-degree murder conviction, he is scheduled to be retried for a fourth time for his alleged involvement in the murder of 16-year-old Malek Mercer.

Derryck Decuir’s second-degree murder while armed against a minor and unlawful possession of a firearm with a prior conviction charges were reversed in November of 2022. The charges for were reversed due to erroneous admission of witness testimony in an early trial, according to the decision.

Decuir, 30, is currently being held by the Bureau of Prisons (BOP) in Northern Neck Regional Jail in Warsaw, Virginia, which is at least 2 hours away from D.C. He was convicted and sentenced in 2019 for shooting Malek Mercer on the 2800 block of 28th Street, SE in 2015.

Decuir’s defense counsel filed a motion to have him moved within 15 miles of DC to have more accessibility to him. His defense attorney, Lee Goebes, said it is basically impossible for the defense team to meet with the defendant. Goebes said a meeting would take a full day away from their offices and other cases.

DC Superior Court Judge Maribeth Raffinan denied the motion, stating that she does not have any authority to decide where the BOP places defendants.

However, she did state that she flagged the case to the US Marshals and they were working to figure out a placement that would be more suitable for the defendant as they go into disposition and trial.

The defense and prosecution requested a continuance to this hearing to figure out what to do next.

Parties are expected to return to court on April 27.

Defendant in Armed Rape Case Pleads Guilty in Exchange for 18-Year Sentence

DC Superior Court Judge Maribeth Raffinan accepted a guilty plea in a rape case dating back to March of 2018. In return for the agreement 22-year old Troy Ashley will serve 18 years in prison and be subject to lifetime supervision.

Ashley was accused of first-degree sexual abuse, kidnapping while armed and assault with intent to kill while armed. The maximum penalty for those crimes is life in prison without release, according to the judge.

The prosecution said Ashley forced his way into the victim’s car with a gun initially threatening to rob her on the 3200 block of Buena Vista Terrace, SE. When she told him she had no money or credit cards, Ashley forced the woman to perform oral sex, then raped her. Finally, at gunpoint Ashley told her to jump into freezing water naked or he would kill her.

Judge Raffinan asked Ashley if he “knowingly and voluntarily” accepted the plea meaning that he would waive his right to trial or appeal of his sentence.

With defense attorney Andrew Ain at his side, Ashley replied, yes. He did not offer an apology to the victim in open court.

Since Ashley has already served four years in jail, he would be eligible for release when he’s 36 years old.

“He’ll be out and will do it again,” a detective told D.C. Witness after the proceeding. The officer also said the victim was still traumatized and in need of emotional support.

Judge Raffinan scheduled May 26 for a sentencing hearing.

Search