Defense Motions for Dismissal In Homicide Case Due to Delays in DNA Testing

On Jan. 20, five co-defendants who are on track for a 2024 trial were scheduled for a hearing to discuss DNA testing in the case.

Koran Jackson, 22, Reginald Steele, 23, Tyiion Kyree Freeman, 23, Stephen Nelson, 21 and Aaron Dequan Brown, 26, are charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW.

Jackson and Brown are also charged with tampering with evidence and possession of an unregistered firearm or destructive device. Nelson is also charged with being an accessory after the fact while armed.

During the hearing, counsel discussed the timeline for DNA testing results. The prosecution has not completed DNA testing because it needs Combined DNA Index System approval (CODIS), a software that compares a target DNA record against DNA records contained in the database.

An outside agency is responsible to give this approval, so the testing faculty is hesitant to provide a date for when testing will be done, said the prosecution.

“The lab won’t even give you a hint?” asked DC Superior Court Judge Rainey Brandt.

The prosecution offered a 30-day period for DNA testing to get back and be reviewed by expert witnesses for the upcoming trial set for January 2024. “Once they get the approval, it should not take them long to perform testing,” she said.

The defense is concerned that there is no concrete time of when the testing will be completed.

Defense counsel proposed a 60-75 day period for review of DNA testing. “Thirty days would not make sense,” said Andrew Ain.

Judge Brandt agreed, saying 30 days was too soon to review all the evidence.

The defense counsel’s concerns regarding how long the DNA testing has taken made them file to dismiss the case.

“No one’s case is getting dismissed orally,” said Judge Brandt, requesting that all attorneys put their motions in writing.

Further, defense counsel requested any videos that the prosecution may have. Still, the prosecution would like the defense to view the videos and if they need a copy, they will provide a redacted copy for them.

Judge Brandt requested that counsel work the hard drive matter out or file a motion. The next hearing is set for April 7 at 11 a.m.

Freeman’s defense attorney, Andrew Ain, filed a bond review motion. “Mr. Freeman has grown a lot in the past three years. This case has ruined his life,” he said.

Ain said Freeman wants to have an educational opportunity since he has lost the years that most people would be going through college

According to Ain, none of the DNA swabs tested had Freeman’s DNA. He added, he was waiting for two years for the DNA evidence, which made it difficult for him to finalize a release statement.

Freeman was seen in a surveillance video firing a gun, the prosecution argued. Although no faces were seen in the video, it is believed that the clothing matched Freeman’s clothes.

In regards to the bond review motion, the defense then quoted the defendant, “Why would I run if I want to have this trial because I believe it will exonerate me?”

“When he can’t even behave on the inside, why would you ask me to put public safety at risk? Motion denied,” Judge Brandt said.

She explained that the court reached out to the Department of Corrections (DOC) regarding Freeman’s education interest. Residents are not allowed educational services after thirty days after a disciplinary report.

Mr. Freeman was denied General Education Development (GED) services 14 times due to disciplinary reports or being placed in restrictive housing, according to Judge Brandt.

He is currently on restrictive housing until Feb. 10 because of disciplinary reports.

Judge Denies Defense’s Request to Postpone Homicide Defendant’s Sentencing

During a Jan. 20 sentencing, DC Superior Court Judge Rainey Brandt denied the defenses request to postpone a homicide defendant’s sentencing to file for a retrial.

Edward Brown, 60, is charged with first-degree murder while armed of a senior citizen in January for stabbing and killing 77-year-old, Michael Mahoney on Feb 5, 2018, on the 2300 block of 11th Street, NW.

The sentencing was postponed until March 24 due to defense attorney, Megan Allburn being appointed at the last hearing.

Defendant in Homicide Case Turns Down Further Testing

A homicide defendant turned down independent DNA testing during a status hearing on Jan. 20.

Jamil Whitley, 35, is being charged with first-degree murder while armed, possession of a firearm during a crime of violence, carrying a dangerous weapon outside a home or business, and unlawful possession of a firearm. Whitney allegedly shot 32-year-old Kevin Redd on June 11, 2020, on the 4000 block of Jay Street, NE. Various physical evidence, such as cups and cigarette butts were collected on the scene, according to court documents..

On July 16, 2020, the Department of Forensic Services (DFS) determined there was no human evidence found on any items obtained at the scene. However, the prosecution decided to run further tests on the evidence and eventually requested additional time for DNA testing in February 2022.

On Jan. 20, the prosecution revealed that the remaining tests conducted on the physical evidence were inconclusive. There were also no weapons recovered from the scene.

“Unless there is some evidence I don’t know about, I am ready to proceed [to trial]”, said defense attorney Madalyn Harvey.

D.C. Superior Court Judge Anthony Epstein inquired about further independent DNA testing.

Whitley said he was confused with the question at first, then answered that he did want independent testing.

After a brief consultation with his lawyer, Whitley changed his mind, and ended up stating he did not want any further testing.

A trial readiness hearing is set for Nov. 17, 2023, at 11 a.m.

Homicide Defendant’s Attorney Says She Hopes to Change Jurisdiction

A defendant’s attorney is attempting to change jurisdiction in a homicide case.

Terrell Poe, 35, is being charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm. Poe shot 33-year-old Christopher Washington in September of 2020 on the 400 block of Southern Avenue, SE.

Defense attorney Marnitta King requested an earlier trial date at the beginning of the hearing.

DC Superior Court Judge Anthony Epstein said he was sympathetic but his schedule would not allow it. Afterwards, he set a motions deadline on Sept. 8.

King then revealed that there may be a challenge to jurisdiction. She said she hopes to prove that the incident’s jurisdiction falls under Maryland, not DC. This would mean DC Superior Court is not responsible for this case.

Judge Epstein said it is “more a venue issue than a jurisdiction issue.” He said she can file a motion if she wishes, but he does not think she will have enough evidence to prove the incident’s jurisdiction lies in Maryland.

Judge Epstein said he was ready to set a hearing for the DNA evidence unless Poe requested additional testing, which he did not. However, the prosecution stated the initial DNA testing had not yet been completed. The prosecution said the results of the DNA testing should be ready by June.

A hearing is set to happen on June 9 at 10 a.m.

Document: Arrest Made in a Southeast Homicide

Metropolitan Police Department detectives made an arrest in a homicide that occurred on Jan. 7, on the 1200 block of Half Street, SE.

According to a press release, at about 7:55 pm, officers located 20-year-old Terry Clark suffering from an apparent gunshot wound. He was pronounced dead at the scene.

On Jan. 20, 31-year-old Tyriq Williams is charged with first-degree murder while armed.

Homicide Defendant No Longer on High Intensity Supervision

DC Superior Court Judge Rainey Brandt accepted a request for Ronald Wallace, 49, who is charged with first-degree murder, to be released from the High Intensity Supervision Program (HISP). However, Wallace’s co-defendant Deangelo Glover, 31, remains detained.

Wallace and Glover are both charged with first-degree murder while armed in relation to an incident that occurred on Jan. 19, 2021, on the 3800 block of Hayes Street, NE. The surviving victim of the incident suffered a single gunshot wound to his upper right leg, according to court documents. However, 32 year-old Tyrone Wright, who suffered a total of 17 gunshot wounds to his head, body, and legs, was pronounced dead on the scene.

On Jan. 19, Glover was indicted on six counts, including premeditated first-degree murder while armed, possession of a firearm during a crime of violence, assault with intent to kill while armed, unlawful possession of a firearm, and carrying a pistol outside a home/business.

The prosecution is still continuing their investigation into Wallace, who has not yet been indicted.

During a hearing on Jan. 20, the prosecution expressed their desire to set a trial for both co-defendants. Wallace’s defense attorney, Michael Bruckheim, stated his opposition to setting a trial date for his client due to the lack of an indictment.

When reminded that Wallace and Glover are currently co-defendants, and therefore must be treated as such, Bruckheim stated, “well, they shouldn’t be.”

Bruckheim said he has a pending motion to sever Wallace’s case from Glover, but an indictment is needed before any action could be taken.

The connection of the cases and the lag in Wallace’s indictment have caused an unnecessary delay for Glover’s case, according to his defense attorney David Knight.

Knight sat next to Glover throughout the hearing. Bruckheim, however, stood next to Wallace, who wore an orange hoodie and sweatpants that bore a striking resemblance to his co-defendant’s jumpsuit.

Wallace remained silently standing next to his attorney as Bruckheim addressed the court regarding his defendant’s release status and conditions. He said Wallace has “basically been perfect” since being released under HISP in April of 2022, requesting to lessen Wallace’s release conditions.

While the prosecution rebutted that it would not be appropriate to loosen Wallace’s restrictions due to his pending charges, Judge Brandt sided with the defense and instructed Wallace to remove his ankle monitor following the hearing.

As the hearing concluded with no foreseeable trial date, Judge Brandt encouraged the prosecution and defense to talk with each other to determine a viable date.

A felony status conference is set for March 3.

Judge Resets Trial Date for Nearly 6-Year-Old Murder Case

On Jan. 20, DC Superior Court Judge Anthony Epstein met with co-defendants Gabriel Brown and Antonio Upshaw to set a date for trial in their murder case.

Brown, 34, and Upshaw, 33, were both arrested for allegedly murdering Tyrone Johnson on March 10, 2017, on the 2300 block of Pennsylvania Avenue SE. Upshaw, also known as Jamie Richardson, was released on home confinement under the High Intensity Supervision Program (HISP) in November 2022. Brown is still being held.

The two are charged with first-degree murder while armed, first-degree murder while armed while committing or attempting to commit a robbery, possession of a firearm during a violent crime, robbery while armed, armed carjacking and unauthorized use of a vehicle. Brown is also charged with conspiracy while armed. Upshaw is also charged with carrying a pistol without a license outside a home or business.

Due to Judge Epstein being newly assigned to the case, both the defense and prosecution reviewed motions that were previously filed, mainly for cellphone data and Instagram data. Judge Epstein spoke to the prosecution about what specific pieces of evidence they planned on using.

The defense also requested unredacted police reports from the prosecution sometime in the future. The deadline to receive these documents is scheduled for the next status hearing.

The trial date was set for Sept. 9, 2024, which would take place about seven years after Upshaw’s arrest on Dec. 29, 2017. Brown was arrested on March 19, 2019.

The parties are scheduled to return on July 12, 2024 for a status hearing.

Document: Arrest Made in Connection to a Non-Fatal Shooting

Metropolitan Police Department detectives have made an arrest in connection to a non-fatal shooting that occurred on Jan. 14, on the 1100 block of North Capitol Street, NW.

According to a press release, at about 12:08 pm, the suspect brandished a handgun and shot at the victims and then fled the scene.

On Jan. 19, 22-year-old Tavon Lucas was arrested and charged with assault with a dangerous weapon.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Jan. 16, on the 1500 block of 19th Street, SE.

According to a press release, at about 11:56 pm, officers located 59-year-old Raymond Johnson suffering from apparent puncture wounds. He was pronounced dead at the scene.

Document: Decedent Identified in Northwest Homicide

Metropolitan Police Department detectives are investigating a homicide that occurred on Jan. 18, on the 2000 block of P Street, NW.

According to a press release, at about 9:39 pm, officers located 47-year-old Mubarak Mursal suffering from an apparent puncture wound. He was pronounced dead at a local hospital.

Defendant in Mass Shooting Case Prepares for Trial

On January 19, according to the prosecution, all evidence the prosecution has against the defendant in preparation for trial.

Devonte Brothers, 28, is charged with first-degree murder while armed in connection with the murder of Arkeem Jackson, 30, on June 16, 2019, on the 4300 block of 4th Street, SE. Four other victims were wounded during the shooting.

Brothers is also charged with first-degree murder while armed in the shooting of 27-year-old Deron Leake on Oct. 17, 2019, on the 4200 block of 6th Street, SE.

Brothers’ attorney, Ronald Resetarits, informed the DC Superior Court Judge Rainey Brandt that he was ready to proceed with trial on Sept. 6.

Judge Brandt scheduled a status hearing for March 10 at 9 a.m.

Preliminary Hearing for First-Degree Murder Case Cut Short, Judge Continues Hearing for the Following Week

Charged with first-degree felony murder while armed, Ethan Cunningham appeared in court on Jan. 19 before D.C. Superior Court Judge Rainey R. Brandt to begin his preliminary hearing.

Cunningham, 20, was arrested for allegedly shooting James Curtis, 38, which occurred on May 10, 2022, in an apartment building located on the 2600 block of Stanton Road, SE.

The case’s lead detective testified that Cunningham, along with one other unidentified suspect, followed Curtis into his apartment complex. Cunningham met Curtis at his front door, armed and demanding to be let in.

Curtis told him he didn’t have the keys, so Cunningham brought him down the stairs, next to the apartment door, and into the basement, the detective said. According to court documents, a friend accompanying Curtis also entered the building, supposedly being let in and greeted at the front door by the unidentified suspect.

As the witness was approaching the apartment, he heard Curtis yelling for help from the basement and went down the stairs to find the victim and Cunningham scuffling. The witness then attempted to wrestle the gun from Cunningham, during which two shots were fired; One striking the witness’s backpack, consequently setting it on fire due to a flammable liquid inside the backpack. The other struck Curtis.

The suspects fled the scene, and officers of the Metropolitan Police Department (MPD) were dispatched to the apartment building where they found Curtis with a gunshot wound. Curtis was then transported to MedStar hospital where he later succumbed to his injuries and was pronounced dead.

The apartment door in question had a Ring doorbell camera. Police were able to obtain the footage from the night of the incident, and used still frames from the video to later identify the suspect as Cunningham. The second unidentified suspect was masked, unlike Cunningham.

In addition, the footage also shows Cunningham armed with a firearm that was later identified as a black, .9 mm handgun with an extended clip. The ballistics report of the two shell casings found on the scene matched the weapon seen in the video.

During cross-examination, Cunningham’s defense attorney, Ronald Resetartis, attempted to undermine the witness’s credibility by pointing out discrepancies in the details between their interview transcript and evidence submitted to the court, including the witness and Curtis’ whereabouts before the incident occurred.

Resetarits also pointed out that the identification of Cunningham as the suspect in the video was determined by a single witness, and no photo array was conducted. Only still images from the camera footage were shown to the witness who identified Cunningham as the unmasked suspect in the video.

Additionally, no phone belonging to Cunningham was obtained by the MPD. There is no location evidence to corroborate the witness’s testimony, placing Cunningham at the apartment building at the time of the incident, Resetarits said.

Judge Brandt was unable to finish the hearing due to scheduling conflicts, so all parties are scheduled to reconvene for the continuation of Cunningham’s preliminary hearing on Jan. 24 at 10 a.m.

Missing Homicide Defendant’s After-Sentence Hearing Continued

An after-sentence hearing was rescheduled on Jan. 19 for homicide defendant, Rasheed Young.

Young, 44, shot and killed Cedric Rogers, 26, on June 11, 1996, on the 300 block of Franklin Street, NE. Young also fatally shot Ronald William Richardson, Jr., 39, on May 18, 2018, on the 2300 block of 4th Street, NE.

Young was charged with first-degree murder while armed for Rogers’ shooting and second-degree murder while armed for Richardson’s shooting.

A plea offer was placed on the record on Aug. 5, 2022, for six to nine years in prison for the homicide of the two individuals. Young accepted and pleaded guilty to two counts of second-degree murder while armed during an Aug. 10, 2022 hearing.

As of Jan. 19, Young’s after-sentence hearing was vacated, rescheduled, and continued by DC Superior Court Judge Robert Okun for Feb. 17. The hearing was continued to allow time to locate the placement of the defendant and have him present for the hearing.

According to DC Superior Court, Young is currently serving a sentence for another, unrelated, crime.

Defendant Asserts Right to Speedy Trial, but Judge Unable to Comply

DC Superior Court Judge Rainey Brandt was unable to schedule a trial date for a murder defendant, due to being a stand-in judge on the case.

Georgio Hyles, 25, is charged with first-degree murder while armed in connection with the shooting of 26-year-old Anthony Depetris on, Nov. 5, 2021, on the 3500 block of Minnesota Avenue, SE.

During the hearing on Jan. 19, Hyles attorney, Teresa Kleiman, entered a plea of not guilty on eight felony counts.

Hyles also asserted his fifth and sixth amendment rights to a speedy trial and counsel.

Although the judge was unable to comply, a date was set to address this issue with the trial judge, DC Superior Court Judge Anthony Epstein, on Jan 27.

Document: Additional Arrest Made in a Homicide

Metropolitan Police Department detectives have made an additional arrest in connection to a homicide that occurred on Dec. 29, on the 2700 block of 7th Street, NE.

According to a press release, at about 7:14 pm, officers located 50-year-old Aniekobo Macaulay Umoh suffering from apparent gunshot wounds. He was pronounced dead at a local hospital.

On Jan. 18, 38-year-old Rafeal Stevens was arrested and charged with first-degree murder while armed – felony murder.

The following day, 39-year-old Jermall Johnson was arrested and charged with first-degree murder while armed – felony murder.

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