Judges Sentence Defendant to Two Consecutive Life Sentences in 2 Sexual Abuse Cases

Two DC Superior Court judges sentenced a defendant to two life sentences without the possibility of release for two separate sexual abuse cases.

A jury found Ronald Berton guilty of kidnapping and first-degree sexual abuse for a 2016 case in which he broke into the victim’s apartment and sexually abused her in 2007. According to prosecutors, he stole the victim’s phone to prevent her from calling for help, and took her ID. The other case Berton was convicted of assault with intent to commit first-degree sex abuse.

On March 17, two victims gave impact statements in front of the court with one of them having an advocate deliver it.

The first victim stated in her letter that she has to live with the aftermath of this attack for the rest of her life, and has dealt with severe isolation and shame. She went on to say that “rape collapses you; it is a unique type of terror.”

In her letter, she explained that when she was brought into court to testify in front of the jury, she felt like she was the one who was on trial.

“Victim blaming is pervasive in the courtroom,” she said.

The second victim told the court that he had ruined her ability to feel safe anywhere she went.

She told the court that she has spent hundreds of nights hiding in her apartment, and has struggled with depression and anxiety following the attack.

“There cannot be peace until there’s accountability,” she said.

During their statements, in front of both judges, the prosecution said the defendant’s risk of recidivism is extremely high, and that he would remain a danger to society if he was ever released.

“If there is anyone deserving of a life sentence without release, it is this defendant,” the prosecutor said.

Defense attorney Thomas Healy told the judges that the defendant believes no one should be treated the way the women were treated, but Berton maintains his innocence. When discussing the sentencing, he said “everyone is rehabilitable,” and he should not have to serve a life sentence.

Judge Juliet McKenna sentenced Berton to 120 months or 10 years for kidnapping, and a life sentence without possibility of release for the first-degree sexual abuse charge.

Judge Marisa Demeo sentenced him to 108 months or nine years for each count of first-degree burglary, attempted first-degree sexual abuse, and kidnapping, 72 months or six years for assault with intent to commit first-degree sexual abuse, and a life sentence without the possibility of release for first-degree of sexual abuse.

The sentences imposed by both judges are to be served consecutively.

Medical Examiner’s Lack of Recollection Pushes Trial Date

During a March 15 motion hearing, both the prosecution and the defense questioned a medical examiner and detective in regards to a murder hearing.

Tony S. Aiken, 48, is charged with second-degree murder while armed for allegedly shooting Kendra Smith, 23, on the 4300 block of D Street, SE on Sept. 6, 2004.

During the cross-examination, the medical examiner was asked one specific question by the prosecutor regarding whether the examiner recalled speaking with the detective.

“I do not have any recollection of talking to a detective as the case happened so long ago, and I was last spoken to back in 2004,” the examiner said.

Defense attorney Jason Tully also asked the detective if he had any recollection of speaking with the medical examiner. His response was “no”.

Previously, in a March 8 status hearing, DC Superior Court Judge Anthony Epstein granted the prosecution their request in adding additional witnesses due to evidence issues that the prosecution and the defense need time to discuss.

The lack of clarity in this case from both parties resulted in the trial date to be pushed to March 28, 2025.

The parties are scheduled to reconvene for a status hearing on April 28.

Judge Sentences Defendant on New Charges, Allowing Him to Start Nonprofit for Children in Community

At a sentencing on March 17, DC Superior Court Judge Milton Lee let Verazzano Porter plead to a lesser offense in order to create a nonprofit organization that would teach children in the community how to cook.

Porter, 29, was sentenced on charges of second-degree attempted burglary and simple assault for inappropriately touching an unconscious woman while recording a video on April 28, 2022, on the 1400 block of R Street, NW.

Porter originally accepted a plea deal on Dec. 6, 2022, pleading guilty to attempted fourth-degree sex abuse.

However, after discussing plans to create a nonprofit in which he would help children in his neighborhood become more familiar with cooking, the prosecution and defense negotiated a new plea deal that would not require Porter to become a registered sex offender. The new deal would allow him to pursue this nonprofit plan.

Porter currently works at a five-star restaurant as a chef.

“He is an artist in the kitchen,” stated Todd Baldwin, Porter’s defense attorney, on multiple occasions during the proceeding.

Before a sentence was given, Porter gave an emotional reading of a poem about second chances that his mother wrote before she passed away.

When Judge Lee asked Porter what his late mother would think of his actions, he responded “she would smack the black off me.”

Judge Lee sentenced Porter to 15 months of supervised probation for second-degree attempted burglary and three months supervised probation for simple assault, which would be served consecutively.

Judge Lee also required that Porter stay employed, regularly drug test, and put in place a stay away order from both the location of the incident and the victim.

Defendant Found Mentally Competent, Judge Rules

During a mental competency hearing on March 17, DC Superior Court Judge Anthony Epstein found a defendant mentally competent to stand trial.

Karon Brown, 31, is charged with second-degree murder while armed for allegedly shooting Cynthia Barringer, 31, on Oct. 31, 2021, on the 2300 block of Green Street, SE.

According to court documents, EMS personnel responded to the scene due to a fire in an apartment.

Once the fire was extinguished, first responders found Barringer with no signs of life. An autopsy confirmed that Barringer died from a gunshot wound under her left eye, documents stated.

The parties are scheduled to return March 31 for a status hearing.

Defense Wants to Conduct Independent DNA Testing in Murder Case

Defense attorney Roderick Thompson said he wants to conduct DNA testing on evidence in a murder case.

Daniel Fleetwood, 28, is charged with first-degree murder while armed in connection to the death of 26-year-old Shana Donahue on May 28, 2020, on the 2900 block of N Street, SE. The incident is listed as domestic violence.

On March 20, the defense said prosecutors are almost done with DNA testing and should be receiving evidence soon. The specific evidence the defense plans to test was not mentioned in open court.

The May 8 trial date was canceled as well as the motion hearing by DC Superior Court Judge Maribeth Raffinan and the trial was set to a new date. The defense also requested the continuance of the trial date, the prosecutors didn’t oppose the request.

Judge Raffinan granted the request and scheduled a trial date for Aug. 19, 2024.

The next status hearing was scheduled for May 8.

Defense Requests to Keep Defendant in Community for His Mental Health During Sentencing

During a sentencing hearing on March 17, the defense requested DC Superior Court Judge Milton Lee not imprison a defendant for a sex abuse charge to protect his mental health and provide him with the resources that he needs.

Justin Mathis, 24, is charged with third-degree sex abuse for attempting to sexually assault a woman on the janitorial staff of The Wharf located on the 1100 block of Maine Avenue, SW on Sept. 23, 2022.

At the hearing, Mathis’ defense attorney, Megan Allburn, asked that Judge Lee fully suspend the sentence and place the defendant on probation.

Allburn referred to Mathis’ traumatic childhood and untreated mental health problems as justifying his actions. She also stated that shame and guilt were drastically affecting his mental well-being.

“This is literally buckling him at the knees,” she stated.

The prosecution said the effect of Mathis’ actions on the victim is much greater than the impact of his shame.

“There is another person who is feeling pain and terror on a daily basis,” the prosecutor said.

The prsecutor requested that Mathis serve a year and a half in prison and a year and a half on supervised probation.

He agreed that Mathis could change his ways and learn from his mistakes. Still, a criminal sentence was justified.

Judge Lee began his sentencing by reprimanding Mathis for failing to comply with the conditions of his release one week before his sentencing.

He sentenced Mathis to 2 years, 4 months of which would be served, for third-degree sex abuse. As Mathis had already spent 30 days in jail, Judge Lee only required that he serve the remaining 90 days of the sentence.

“You are redeemable,” Judge Lee repeated throughout the hearing.

The judge also required that Mathis register as a sex offender for 10 years, regularly drug test, get his GED, and seek mental health treatment. A stay-away order was also issued for the wharf.

Victim’s Brother-in-Law Testifies Regarding His Last Time Seeing the Victim

On March 16, a victim’s brother-in-law testified about his experience on the day the murder took place.

Jean Kearney, 35, is charged in connection to the murder of Dontra Harris, 33, and the assault of a law enforcement officer. Kearney has seven charges against him, including first-degree murder while armed, assault on a police officer while armed, and two counts of possession of a firearm during a crime of violence, among other charges.

Harris was murdered on April 4, 2021, on the 1800 block of 24th Street, NE. The defendant then assaulted an officer on May 13, 2021, as a group of Metropolitan Police Department (MPD) officers were trying to serve a search warrant at his residence, according to court documents.

Harris’ brother in law told the jury that he had been with Harris on April 4, up to an hour before he was killed. He explained that after an encounter with a motorcycle on their way to Harris’ apartment, Harris went into his apartment to kiss his fiancee and two kids before heading out again. That was the last time any of them saw him.

The brother in law mentioned that as he and his sister were eating dinner the shooting happened. He stated that they had to army crawl from the living room area to reach the kids in their bedroom and take them to the back room to try to shield them from any gunfire.

After about 20 minutes of silence, the witness said he decided to go outside and check what had happened. However, he told the jury that he didn’t see anything other than the two bullet holes on the front entrance to the building.

The witness went back into the apartment with his sister and was just hanging out when they realized there were flashlights shining outside the living room window.

When he saw the lights, he immediately opened up the shades, and saw Harris lying lifeless behind the bush looking into the window with an arm covering his forehead.

When police identified the victim, the brother in law spoke with them and tried to give them as much information as he could about the motorcycle he had the incident with, but he didn’t recall much about the individual on the bike.

The prosecutors also called an MPD officer who worked with the gun recovery unit at the time and was dispatched to execute a search warrant at Kearney’s house on May 13, 2021.

The officer told the jury that when MPD first arrived at the defendant’s residence one of his upstairs windows was opened, which was significant due to them having to loudly announce themselves to the individual in the home. In body worn camera footage, the sergeant for the squad said “police department with a search warrant, open up” a total of three times.

When the defendant failed to open up for police, the officer broke down the front door that led to a porch. As the officer was trying to break down the door to the actual house, the defendant started shooting at the door. This led to officers to barricade the house for an hour as they awaited the SWAT team.

The defendant surrendered once the SWAT team arrived, and the officers were able to go into his house to execute the search warrant.

During the search, officers recovered an AK-47 rifle, a drum magazine that had a capacity of 100 bullets, along with other gun paraphernalia. They also recovered one of the suspect’s vehicles, which was the blue, white, and red motorcycle.

Trial is slated to continue on March 20.

Defendant Accepts Plea Deal in Sexual Assault Case

A 42-year-old defendant accepted a guilty plea of second-degree attempted burglary on March 17.

The incident occurred on Jan. 14. The prosecution said the defendant grabbed his now former girlfriend after an argument and forced himself into her apartment and onto her bed.

By accepting this plea during the March 17 hearing, the prosecution dropped the original presentment charge of assault with intent to commit first-degree sexual assault.

Brian Dinkins is currently being held at the D.C. Jail.

The defense requested bail eligibility during the hearing, stating that Dinkins is a productive member of the community and will abide by the conditions of release.

However, DC Superior Court Judge Anthony Epstein denied this request due to Dinkins lengthy criminal history with domestic violence.

By accepting this plea, Dinkins can face up to five years of incarceration, with an additional five years of probation and a fine. His sentencing is scheduled for June 2.

Man Charged in 2 Homicides Found Mentally Competent to Stand Trial

A defendant was deemed mentally competent to stand trial in two murder cases.

Matthew Walker is charged with first-degree murder while armed for allegedly shooting 32-year-old David Remen on the 1700 block of Hamlin Street, NE on Feb. 14, 2019.

The 22-year-old defendant is also charged with second-degree murder while armed for allegedly stabbing 23-year-old Jamal Green-Lee on April 29, 2019, on the 100 block of Michigan Avenue, NE. Green-Lee died from his injuries on Nov. 4, 2020.

During the March 17 hearing, DC Superior Court Judge Marisa Demeo indicated to the parties that doctors from the Department of Corrections had recently alerted the court of their evaluation of the defendant, finding him mentally competent to stand trial.

The prosecution also told Judge Demeo that a plea agreement was extended to the defendant for one count of second-degree murder while armed for both cases, one count of assault with a dangerous weapon for his 2019 case, and all other charges and cases would be dismissed. If Walker accepted the offer, he would face a 30 year prison sentence.

Walker told Judge Demeo he was rejecting the offer and was requesting a trial date be set for both cases.

His defense attorney also said the defendant is planning on waiving his jury trial rights in the coming weeks. If the judge accepts this, his trial will not be heard by a jury.

Walker is expected to be tried for the 2019 case in September.

A January 2024 trial date was set for his 2020 case.

Judge Gives Defendant Permission to Contact Her Children

On March 17, DC Superior Judge Marisa Demeo granted modifications to a stay away order that separated a mother from her children.

Latasha Gray, 35, is being charged with second-degree murder while armed for allegedly shooting Anthony Thomas, 40, in the presence of their children on Feb. 6 on the 4200 block of 7th Street, SE. Thomas succumbed to his injuries on Feb. 7.

According to the judge, the court had received notice that Gray had been in violation of her stay away order due to a misunderstanding between the defendant and her mother. Gray’s mother accidentally put her on speaker phone when they were on a call and her children were present.

Gray’s defense attorney asked for the stay away order to be modified, so that the defendant is able to speak with and see her children.

Judge Demeo said the defendant can now speak with her children and have them visit her at DC Jail, but she is not allowed to harass, assault, threaten or stalk the kids. Gray is also prohibited from discussing the case with her children.

The defendant is expected back in court on April 24 for a felony status conference.

Defense, Prosecutors Spar Over Evidence in Double Homicide Case

The validity of an Instagram photo was debated at a hearing before DC Superior Court Judge Maribeth Raffinan March 17. The prosecution introduced a social media post suggesting that murder suspect Amarii Fontanelle, age 20, might have violated the conditions of his pretrial release.

Fontanelle is charged with first-degree murder while armed for allegedly shooting 19-year-old Reginald Lamont Cooper, Jr. and 19-year-old Davonte Berkley on Oct. 17, 2022 on the 1300 block of Congress Street, SE. He is also accused of shooting a third victim, who ultimately survived.

The prosecutor said she had obtained an Instagram post that appeared to show Fontanelle in the Congress Park neighborhood where his girlfriend lives the day after his release–an apparent violation.

Fontanelle’s attorney Kevin Mosley objected, saying he should have seen the photo in advance and called the move an “ambush tactic” intended to impugn Fontanelle’s character.

However, the prosecutor argued the photo was a “concern for the government,” and that more time was needed to determine its authenticity.

A court official monitoring Fontanelle says she hasn’t seen any issues since his February release.

Mosley asked that Fontanelle’s pretrial release be modified, so he could live with his maternal aunt and that the order to “stay away” from his former girlfriend’s neighborhood be lifted.

He said Fontanelle is drug free and even participating in a mentorship program.

Judge Raffinan told Fontanelle that he was “doing what he needed to do,” and could move in with his aunt but refused to lift the stay away order.

The next hearing in the case is set for April 24 at 10 a.m.

Defendant Waives Right to Independent DNA Testing in Mass Shooting Case

On March 16, a defendant charged for a multi-victim non-fatal shooting waived his right to have DNA evidence tested at a laboratory of his choice.

Ronell Offutt, 34, allegedly shot at multiple people at a bus stop in Southeast DC on Feb. 4, 2019, injuring five individuals, including a 5-year-old girl. All victims recovered from their injuries.

DC Superior Court Judge Maribeth Raffinan advised the defendant that he had the right to go through with independent DNA testing for evidence that the prosecution had acquired for the case.

The defendant alerted the judge that, after consideration, he was waiving his right to independent testing.

According to court documents, on Feb. 4, 2019, there were eight to ten gunshots at a bus stop on the 2300 block of Pennsylvania Avenue, SE. Allegedly, Offutt had gone to the bus stop seeking retaliation from four males who had attacked him and his family earlier in the day.

In the court documents, the officer noted that whatever the altercation was had possibly not ended and decided to take a picture of the individual that was later identified as the alleged shooter. The individual in the image was identified as Offutt.

Counsel for both parties agreed on an April 2024 trial date.

They’re expected back in court for a status hearing on Sept. 13.

Defendant Sentenced to 48 Months in Domestic Violence Case After an ‘Extremely Dangerous Offense’

During the sentencing hearing of Joseph Lewis, DC Superior Court Judge Lynn Leibovitz sentenced him to 48 months of incarceration followed by 3 years of supervised release.

According to sentencing guidelines, Lewis could have received at least 180 days in prison or up to ten years.

Lewis pleaded guilty to both his original charges, including one count of assault with a dangerous weapon and possession of a firearm during a crime of violence.

The sentence was imposed after Lewis accepted a plea deal in January.

He was sentenced to 24 months for each count. The sentences are set to be served concurrently.

At the sentencing, the prosecution read a victim impact statement on behalf of the defendant’s wife who could not be in person due to medical reasons.

“I want to see Lewis get mental health and drug abuse treatment,” the wife said in her statement.

Although the prosecutor agreed with the treatment, a jail term was also requested.

“This is a simple case with simple facts: this offense is extremely dangerous,” the prosecutor said. She requested the defendant receive a 48-month sentence in prison.

Defense attorney Steven Logerfo responded to the prosecution’s request of putting Lewis in mental health treatment, stating he has already been transferred to the Correctional Treatment Facility (CTF) at the DC Jail.

He argued that the passing of Lewis’ father led to his compliance with the case, explaining that while the mental health treatment recommendation is appropriate, the sentencing is not.

Lewis did not wish to speak.

Judge Leibovitz said she believes Lewis does have untreated mental health issues, he took drugs at the time of the crime and should have rectified his behaviors due to how old he is.

Based on these factors, she believes Lewis is extremely dangerous to those around him, especially in his personal life.

In addition to the sentence, Lewis has to register as a gun offender as well as contribute $200 to the Victims of Violent Crime Fund.

Prosecution Retracts Holding Request in Sex Abuse Case

During a preliminary hearing on March 17, DC Superior Court Judge Shelly Mulkey granted a defendant’s release in a sexual abuse case.

The defendant, 33, is charged with assault with intent to commit third-degree sex abuse and assault with a dangerous weapon against a victim. The events allegedly occurred on March 15 on the 3300 block of Dubois Place, SE.

During court, defense attorney Hannah Claudio requested a continuance for the preliminary hearing and the release of the defendant.

The prosecutor did not oppose the defendant’s release with GPS monitoring.

Judge Mulkey also granted the request for a continuance of the hearing.

Court documents state that the defendant had been sleeping on the victim’s coach, when he woke up in the middle of the night and approached the victim’s bedroom.

The defendant accused the victim of sleeping with somebody and allegedly beat her with the end of a handgun and grabbed her vagina, according to court documents.

The defendant and the victim have children together.

The parties are scheduled to return April 4 for a preliminary hearing.

Witness in Homicide Trial Admits to Lying to Detectives

The defense in a homicide trial continued their cross-examination of a witness who stole the vehicle allegedly used in a drive-by shooting that killed a 10-year-old girl.

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.

In a March 16 hearing, the witness admitted to lying to Metropolitan Police Department (MPD) detectives when questioned about carjacking the vehicle allegedly used in the drive-by.

The witness’s initial testimony during the prosecution’s direct examination on March 14 was that he “plead the 5th” and didn’t answer the detective’s questions during his interviews. However, using transcripts of the witness’s MPD interviews and Grand Jury testimony, the defense counsel refreshed the witness’s memory several times during the hearing.

Through his cross-examination, Jonathan Zucker, defense attorney for Taylor, revealed that the witness had answered questions about the carjacking by denying the detective’s accusations and lying repeatedly. He claimed to have no connection to stealing or selling the car, Zucker said.

According to the interview transcript, the detectives told the witness that police found his fingerprints and DNA in the car. The victim of the carjacking also identified the witness as the man who assaulted her and stole her car.

The witness said he couldn’t recall if the detectives had outright accused him of being involved with Wilson’s murder. However, detectives did ask that if he had done it, wouldn’t he want to push the blame off on someone else?

He responded, “Well wouldn’t you?”

The defense is scheduled to continue their cross-examination on March 20, when the trial is slated to continue.

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