Search Icon Search site

Search

Jury Trial Date Remains The Same Despite Delayed DNA Evidence

During a March 14 status hearing prosecutors experienced a delay on their DNA evidence due to missing a large amount of other evidence in the case. 

James Harper, 39, is charged with second-degree murder while armed in the shooting of 39-year-old Bret Desmarteau on May 27, 2021, on the 100 block of Sheridan Street, NE. 

Despite the lack of DNA evidence, both parties requested that the jury trial date remain the same. 

DC Superior Court Judge Michael O’keefe granted the motion to keep the jury trial date and also gave both parties a hard deadline on giving motion statements as well as expert notices. The deadline set was April 24.

The next hearing is scheduled for May 22. 

Prosecution Calls More of Their Witnesses in 6 Co-Defendant Trial 

On March 13, the prosecution called two detectives who were involved in two other shootings that happened in the area of Wellington Park. 

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.

The detectives were questioned about multiple shootings that occurred around the area of Wellington Park. Both detectives said there were two different shootings that are, according to the prosecution, allegedly connected to gang activity in the neighborhood.

According to the witnesses testimonies, the first shooting occurred in a parking lot on the 2500 block of Pomeroy Road, SE. The second shooting occurred at an apartment complex across the street on Elvans Road, SE.

After the jury was dismissed, the parties discussed evidence that has not yet been introduced in the trial. 

The evidence includes Instagram live videos depicting Michals, Jeffers, and Murchison involved with other individuals who, according to the prosecution, are all members of an alleged gang in Wellington Park. 

The defense objected to the evidence and stated that it is irrelevant and the prosecution should not be allowed to use it as evidence. 

DC Superior Court Judge Robert Okun allowed the prosecution to use most of the evidence while taking into consideration the defense’s request and asked them to cut out a few parts of it.   

The trial is scheduled to continue on March 14. 

Prosecutors Use Experts and Eyewitnesses to Build Murder Case

Using a combination of expert testimony and eyewitness accounts, the prosecution continued to build its murder case against Shaka Haltiwanger on the third day, March 13, of his trial in District of Columbia Superior Court. 

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. 

In all, the prosecution brought nine witnesses to the stand in an effort to prove that Haltiwanger shot and killed Anthony Kelly after the pair argued Sept. 10, 2021. The crime took place on the 1400 block of 29th Street, SE. 

Responding to reports of a shooting, Metropolitan Police Department (MPD) officers found Kelly, 39, in the foyer of a Greenway neighborhood home suffering from a gunshot wound. He died later. 

Questioned by prosecutors, an expert in DNA identification testified that samples matching the suspect were found on the magazine of the murder weapon as well as the victim’s jacket and inside the getaway car.  

An Investigating officer noted in his testimony that a set of keys was found in a jacket at the crime scene. The keys allegedly opened the vehicle that was used to hide the murder weapon. 

Another officer testified that he saw a white car drive by that appeared suspicious,  but he was unable to stop it. That investigator also found a firearm lodged in the wheel well of a nearby car after reports that Haltiwanger had been “fiddling with it.”

However, a fingerprint specialist for the MPD was unable to match Haltiwanger’s prints with the gun or the wheel well where the weapon was found. An MPD toxicologist stated that both the victim and Haltiwanger had been drinking at the time of the shooting.  Kelly’s blood alcohol content was almost four times the legal limit.

In cross examination, Haltiwanger’s attorney, Wole Falodun, suggested that Kelly might have provoked a fight as an “angry drunk.”

Another witness told the jury that Haltiwanger was required to check in with her every week as part of his release conditions for a pending felony charge from 2020. However, he failed to show up for an appointment three days before the shooting.

Prosecutors also brought a woman to the stand who lives in the building where the original confrontation between Haltiwanger and Kelly took place.  She testified that over a stairwell, she overheard someone state “I’m gonna drag your ass.” Moments later, she said she heard a gunshot, and immediately called the police.  

Falodun countered by getting the woman to admit she couldn’t identify the source of the voices. 

Another witness said she saw someone hide near the car used to hide the murder weapon.  The individual drove off in another car. 

The trial is set to resume on March 14.

Defense Still Waits for Prosecution’s Test Results Following DNA Abnormalities

Regarding abnormalities found in the prosecution’s DNA test in late November of last year, counsel discussed when the prosecution would be able to provide the defense with test result on DNA evidence.

Samuel Mack, 57, is charged with second-degree murder while armed for allegedly shooting 35-year-old Erica Ward in an apartment on the 4700 block of Benning Road, SE on Dec. 30, 2020. According to court documents, the two used to be in a relationship and began arguing the night after Mack brought their son over to visit. Mack was apprehended that same night. He was released under the High-Intensity Supervision Program (HISP) the following March. He is not permitted to leave home from 9 p.m. to 6 a.m.  

During the Momday’s status hearing, two prosecutors said they were unsure what went wrong during the initial DNA testing and are hoping to receive the new results by the end of May to send over to the defense.

 DC Superior Court Judge Michael O’keefe asked the prosecutors where they retrieved the DNA from in the case.

The prosecutor responded and said that DNA was taken on clothes, the firearm that was used in the homicide, and the gun’s magazine. 

The next status hearing is set for May 19.

The jury trial is scheduled for June 3, 2024.

Document: Homicide on 11th Street, SE

Officers with the Metropolitan Police Department are investigating a homicide that took place on March 12 on the 500 block of 11th Street, SE.

According to a press release, three men were shot in a car. Two of the victims, 34-year-old Othaniel Gaither and another individual, whose identity has not been released, succumbed to their injuries.

The third individual sustained non-life threatening gunshot wounds.

Judge Gives More Time for Testing

During a March 8 status hearing, a defense attorney asked for more time to retest DNA evidence in a murder case.

Jacobi Williams, 35, is charged with first-degree murder, armed carjacking, assault with intent to kill, and three counts of possession of a firearm during a crime of violence all while on release in connection with the alleged shooting of Phillip Roache, 38, on Sept. 17, 2022, on the 7000 block of 5th Street NW.

In court, prosecutors were ready to move forward with the hearing as they have already gathered the DNA evidence in the case.

DC Superior Court Judge Robert Okun allowed the defense to have more time to finish retesting DNA evidence. 

All parties are scheduled to reconvene on May 16.

Document: Police Search for Vehicle Connected to Gun Assault

The Metropolitan Police Department is asking the public for assistance in locating a vehicle that was connected to a gun assault on March 13. The assault occurred on the 2200 block of 14th Street, SE.

According to a press release, police responded to reports of a shooting at the location, but no victims were found. Shortly after a juvenile wen to a local hospital for treatment for a non-life threatening gunshot wound.

Status Hearing Set to Continue in June 

During a status hearing on March 13, DC Superior Court Judge Anthony Epstein scheduled another status hearing in June former the defendant to decide whether he wants to conduct independent DNA testing.

Jarvis Jackson, 42, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm due to a prior conviction for allegedly shooting Deont’e Minor, 23, on March 20, 2021, on the 1200 block of Southern Avenue, SE.

On Monday, counsel agreed that they would need more time for the defendant to decide if he wants to conduct independent DNA testing.

The parties are scheduled to return for a status hearing on June 2.

Case Set to Continue in Federal Court

On March 13, DC Superior Court Judge Anthony Epstein granted the prosecution’s motion to dismiss a case because the defendant will be tried in Federal Court.

Reginald English, 50, was charged with second-degree murder while armed for allegedly shooting Christine Chase, 48, on May 13, 2022, and another victim on the 1200 block of Raum Street, NE. 

During court Monday, the prosecutor stated a motion to dismiss the case due to English having federal charges. 

Judge Epstein accepted the motion and confirmed whether or not there was a federal arrest warrant for English.

According to court documents, English had a relationship with Chase and the two were together the night of her murder. 

The case is set to continue in federal court.

Individual Charged with Second-Degree Murder After Victim Dies Due to Complications 

During a hearing on March 13, the prosecution informed DC Superior Court Judge Michael O’Keefe of an investigation regarding the defendant’s possible connection to another shooting in 2022. 

Riley Benjamin, 32, is charged in connection to a shooting that occurred at the 3000 block of Bladensburg Road, NE, on Feb. 19, 2022. Maurice McRae, 31, endured a gunshot to his back. He succumbed to his injuries on April 27, 2022. 

Metropolitan Police Department (MPD) officers responded to the scene and found McRae lying on the hallway floor of the apartment building. According to MPD documents, McRae told officers that he had been shot by an unknown individual as he was exiting the elevator. 

McRae was left paralyzed after the shooting, and, according to the medical examiner, passed away due to complications from a projectile being stuck next to his spinal cord. 

Benjamin was taken into custody in June of 2022, and is awaiting an indictment. 

Additionally, the prosecution alerted the judge of current negotiations for a plea deal, yet no offer has been officially made. 

A felony status conference hearing is scheduled for May 9. 

Juror Calls-in Sick and Delays Trial

During a March 9 jury trial, DC Superior Court Judge Robert Okun informed the court that his office received a note from a juror that would prohibit witness testimony.

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.

According to Judge Okun, the juror sent a message just minutes before and said they fell ill at the bus stop and would not be able to make their way to court.

The judge’s clerk attempted multiple times to contact the juror via phone call, text message, and email, but there was no response. 

Due to the absence of the juror, Judge Okun ruled that witness testimony would not proceed and the jury was to be excused for the day. 

So as to not let the day go to waste, legal parties were allowed to discuss pressing preliminary matters. All parties partook in hours worth of debate regarding the introduction of various evidentiary items. 

The items in question included photos collected from different associated Instagram accounts, more than six videos from related events, and other recorded conversations that occurred over social media. 

Defense attorneys took turns objecting to the inclusion of particular exhibits and argued that their prospective client wasn’t involved in the alleged conspiracies held over social media.

Regardless of their objections to the matter, Judge Okun admitted much of the evidence with few redacted edits.  This evidence will be entered into the prosecution’s exhibits and used during witness testimony once it resumes. 

The jury reconvened for trial on March 13 at 10:30 a.m.

Document: Officer Involved Shooting on Mellon Street, SE

The Metropolitan Police Department’s Internal Affairs Bureau is investigating an officer shooting on March 4 on the 400 block of Mellon Street SE.

According to a press release, a shooting occurred in the alley. No one was injured, but an individual who his suspected of firing the first shots was also not apprehended.

Document: Police Search for Vehicle Connected to Shooting on Jasper Road, SE

Detectives from the Metropolitan Police Department (MPD) are asking for the public’s assistance in finding a vehicle connected to a shooting on March 4.

According to the press release, a male victim walked into a DC Fire and EMS station with gunshot wounds, shortly after officers responded to reports of gunshots on the 2800 block of Jasper Road, SE.