Search Icon Search site

Search

Defendant Rejects Plea Offer, Prosecution Considers DNA Testing

On June 12,  Marcellus Stewart rejected a plea offer from the prosecution. 

Stewart, 27, is being charged with assault with a dangerous weapon due to a non-fatal shooting incident on May 17 on the 4600 block of Hillside Road, SE.

According to court documents, Stewart was involved in a shootout with a rival group during which at least twenty shots were exchanged.  Since Stewart rejected the offer a trial date will be scheduled in the case.

DC Superior Court Judge Lynn Leibovitz  asked the prosecution if they plan to do DNA testing since a gun was not recovered at the crime scene. 

According to prosecutors, they will try to test clothing found near the shooting. 

Stewart’s next appearance will be a status hearing on July 11. 

Defendant Changes Decision on DNA Testing in Homicide Case

On June 12, a defendant in a homicide case waived his right to independent DNA testing, reversing his prior decision. 

Khamari Perkins, 22, is charged with first degree murder while armed and possession of a firearm during a crime of violence. Perkins is accused of shooting Naseem Simpson, 18, on March 15, 2020, on the 3000 block of 14th Street, NW. The shooting allegedly occurred while the defendant was on release for a gun possession charge, with a GPS device monitoring his location.  

Perkins’ defense attorney, Kevann Gardner, said the defendant decided to waive independent DNA testing, contradicting his previous decision to DNA test evidence found at the scene. There was no immediate explanation for the change of mind.

That led the prosecution to wonder if Perkins would stick with his decision. If not, that could delay getting the test results. 

Perkins’ lawyer affirmed his client no longer wanted DNA testing. 

As plea negotiations continue in this case, DC Superior Court Judge Maribeth Raffinan asked whether the defense and prosecution would be reading for the Sept. 18 trial date.  

Both defense and prosecution said they would be ready. 

A status hearing on the plea offer is slated for June 26.

Judge Grants Continuance to Allow Independent DNA Testing

On June 7, DC Superior Court Judge Jason Park granted a defense attorney’s request for time to do independent DNA testing. 

Cordell Lesene, 36, is charged with aggravated assault knowingly while armed, three counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, unlawful possession of a firearm because of a prior conviction, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, and unlawful possession of ammunition, for his alleged involvement in a non-fatal shooting on the 100 block of 57th Place SE, on February 6, 2022. 

According to court documents, the dispute arose as a result of a drug deal.

Andrew Ain, Lesene’s attorney, expressed  concern about not having a clear idea of the evidence , as the August trial date approaches. 

Ain requested an extension to transfer shell casings recovered from the scene to an independent  lab for DNA testing but had no clear date of when the testing would be done.  

He also pointed out that transferring physical evidence is more complicated for the defense, than it is for prosecution.  Hence the need for more time. 

The next hearing is scheduled for July 10. 

Document: Homicide: 3000 Block of Martin Luther King Jr. Avenue, Southeast

The Metropolitan Police Department (MPD) Homicide Branch is seeking the public’s assistance in the investigation of a fatal shooting that occurred on June 12, on the 3000 block of Martin Luther King Jr. Avenue, SE.

The decedent has not been identified, as MPD tries to alert their next of kin.

Document: Arrest Made in an Assault with a Dangerous Weapon (Gun) Offense: 3900 Block of Martin Luther King Jr. Avenue, Southeast

On June 9, the Metropolitan Police Department (MPD) arrested and charged 22-year-old Jeniyah Campbell with assault with a dangerous weapon (gun), carrying a pistol without a license, unlawful discharge of a firearm, and destruction of property, for their alleged involvement in a non-fatal shooting that occurred on June 9, on the 3900 block of Martin Luther King Jr. Avenue, SE.

According to MPD documents, there were no reported injuries.

Document: Arrest Made in a Homicide: 2900 Block of Nelson Place, Southeast

On June 6, the Metropolitan Police Department (MPD) Homicide Branch arrested and charged 26-year-old Stephon Shields with second-degree murder while armed for his alleged involvement in the fatal shooting of 58-year-old James Samuels.

The incident occurred June 2, on the 2900 block of Nelson Place, SE.

Judge Finds Probable Cause in Three Victim Shooting Case

On June 9, DC Superior Court Judge Lynn Leibovitz found probable cause that a defendant was the perpetrator in a non-fatal shooting.

Marcellus Stewart, 27, is charged with assault with a dangerous weapon for his alleged involvement in a shooting that led to the non-life threatening injuries of three male victims on May 17 on the 4600 block of Hillside Road, SE. .

According to court documents, the incident involved two groups shooting at each other.  One of the victims was allegedly shot when Stewart approached a witness’s vehicle. 

A Metropolitan Police Department (MPD) detective, testified the victim was confident that Stewart shot him.

Stewart’s attorney pointed out that Stewart, himself, suffered a gunshot wound that entered the left side of his chest and exited through his back. The detective said officers located Stewart at the scene, and he was taken to a local hospital to receive treatment for his wound. He was arrested June 7. 

No firearm was recovered at the scene, according to the detective.

In their argument against probable cause, the defense claimed witness testimony was inconsistent and there were two likely suspects who were not on the scene when officers arrived.

One of the witnesses could actually have shot at Stewart, the defense argued. Still, Judge Leibovitz found probable cause that Stewart was involved in the shooting. According to the judge, “Physical evidence was consistent with crisscross shooting.”

Prosecutors requested that Stewart remain held at DC Jail, arguing the nature of the incident makes him a danger to the community. 

The defense said Stewart is a father figure to his significant other’s children, is obtaining a license to pursue custodial work, and is set to have surgery at the end of the month.

“At the jail, he’s not going to get what he needs,” said the defense.

The judge ordered Stewart be held at DC Jail, and said she would issue a medical alert for his current injury. 

Parties are set to return to court on June 12. 

Witnesses Give Emotional Testimony About ‘Missing’ Victim in 2010 Homicide Case

On June 8, prosecutors introduced witnesses who testified about their interactions and relationships with the victim in a homicide case dating back to 2010.

Issac Moye, 45, is charged with second-degree murder for his alleged 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. 

While her body was never recovered, an investigation conducted by the Metropolitan Police Department (MPD) made Moye the primary target in her alleged murder.

In trial, prosecutors introduced a witness who was celebrating her birthday with Harris the night of her disappearance. The witness was questioned about her recollection of Harris that night and when she discovered that Harris was missing.

The woman tearfully stated, “She made me feel like I was one of her kids,” as she said Harris was known for her caring personality.

A second witness also became emotional discussing her last interaction with Harris when she brought her daughter to Harris’ home the night of her disappearance. 

The witness said “I would trust Unique with my own life,” testifying to her character.

A man who said he was once intimate with Harris explained his willingness to help police locate Harris. He recalled his last phone call with her and discussed their conversations during his time away from DC.

Prosecutors also questioned a witness about Harris’s phone records who said she received numerous text messages after her disappearance that remained unanswered. 

In other testimony, a crime scene technician discussed photos of the scene and was questioned by the defense about why pieces of evidence were not examined. The technician was also asked about a jacket recovered in the woods near her home that was considered possibly significant in Harris’s disappearance.

The trial is slated to resume before DC Superior Court Judge Anthony Epstein on June 12.

Detective Testifies About Hardware Store Evidence in Murder case

On June 9, a detective from the Metropolitan Police Department (MPD) testified about physical evidence in a homicide case. 

Lavaughn Barnes, 32, is charged with first-degree murder in connection with the death of Abdul Arias-Lopez, 59, that occurred on Nov. 4, 2022 on the 1300 block of Kearny Street, NE. 

Barnes allegedly tased Arias-Lopez, then dragged him into his sister’s basement where he repeatedly stabbed him. Barnes allegedly confessed to detectives that he used the ax to dismember the victim, then threw then the body parts in the trash.  However, he’s since withdrawn his confession and is pleading not guilty.

Anthony Matthews, Barnes attorney, questioned the detective about surveillance videos from a nearby hardware store.  Allegedly, Barnes bought a stun gun and an axe there. A receipt offered as evidence from the hardware store is dated November 2022, the month Arias-Lopez was murdered, and is allegedly connected to a “Mr. Barnes.” 

The detective also discussed security camera footage taken around the same time that allegedly shows Barnes disposing of what appear to be garbage bags. 

When asked if the footage showed the victim arriving at home that same day, the detective answered, “I don’t know.” 

Matthews also asked the detective about his encounters with Barnes during the course of the investigation.  The defense says that because Barnes was cognitively disabled, his confession was invalid.

According to the detective, it was believed early on that Barnes has cognitive disabilities, and that he spent time with the defendant’s sister–something the sister verified.

DC Superior Court Judge Robert Okun decided to conclude arguments in the case at the next hearing. 

Parties are expected back June 14. 

Murder Victim’s Father Mourns Son’s Loss in Court

On June 9, a homicide victim’s father appeared remotely in a court proceeding saying, “I don’t know how to deal with this. I can no longer see, talk to and touch my son. And there is no penalty for what [the defendant allegedly] has done.”

Desmond Gaskin, 37, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 40-year-old William Whittington Jr., on the 400 block of Burbank Street, SE, on July 19, 2022. 

Gaskin was released on Feb. 2, 2023, and is currently in home confinement under supervision. 

Jason Tulley, Gaskin’s attorney, requested modifying those conditions before trial. Specifically, Tulley asked to alter Gaskin’s curfew so he could stay out until midnight. 

The prosecutor was opposed noting most crimes occur at night and pointing out that the seriousness of Gaskin’s alleged actions should not be ignored.

The victim’s father underscored the point saying he was concerned about the defendant’s potential dangerousness. 

DC Superior Court Judge Maribeth Raffinan modified the curfew time to 11 p.m. until 6 a.m. under the supervision program. 

The next hearing is scheduled for July 17 to follow up on the government’s indictment filing process.

Homicide Defendant Pleads Guilty to Voluntary Manslaughter

In a June 9 hearing, a homicide defendant accepted a plea deal extended by prosecutors. 

Rodney Pickett, 37, was originally charged with second-degree murder for his alleged involvement in the fatal shooting of Gary Swinson on July 12, 2020 at the 3300 block of 15th Street, SE. 

Pickett agreed to plead guilty to a charge of voluntary manslaughter while armed. 

According to prosecutors, Pickett “acted in conscious disregard” of the consequences of his actions.

Under the plea agreement, Pickett will have to register as a gun offender, serve eight years imprisonment, and follow up with five years of a supervised release. He has also waived his right to a trial.

DC Superior Court Judge Robert Okun accepted the plea on the condition that all parties can agree to the final version of the agreement.

Sentencing is scheduled for Sept. 1. 

Shooting Defendant Found Guilty On All Charges

On June 7, a jury found Joshua Hemphill guilty on 22 separate charges.

Hemphill, 33, was convicted for his involvement in a non-fatal shooting that took place on September 21, 2018, on the 2400 block of Wagner Place SE. The counts include assault with intent to kill, possession of a firearm, obstruction of justice, burglary, destruction of property and threat to kidnap or injure.

Of the two victims, one was uninjured while the other received gunshot wounds to the back of the left hand and the back of the head but survived. She was pregnant at the time.

In the prosecutors’ version the defendant “wreaked havoc on two defenseless women,” while  defense attorneys maintained their client’s innocence stating, “The person who shot [the victims] on September 21st, 2018, is not in the courtroom.” The defense said there was no physical evidence tying Hemphill to the shooting.

While the prosecution called both of the alleged victims as witnesses, it was clear they did not want to testify about the incident.  They were often unresponsive to questions, became unruly and had to be detained by US Marshals to finish their testimony.

Prosecutors also called on a Metropolitan Police Department (MPD) officer, who was the first on scene, and a forensic scientist who processed the recovered evidence including body camera footage, a 911 call made by the victims, and photos from the crime scene.

Other prosecution evidence included social media and telephone records purportedly linking Hemphill to one of the victims. 

A neurosurgeon and a psychologist provided their views about the physical and emotional impact of the shooting.  

The neurosurgeon explained the victim’s condition and the operation that followed. He said the shooting caused  “one of the most serious injuries you can have to your brain,” arguing, the victim would’ve died without surgery. 

Prosecutors also questioned a psychologist about the different reasons a person might stay in  an abusive, intimidating relationship. 

After three days, both parties rested their case without the defense calling any witnesses. 

The jury deliberated for only a day, before finding Hemphill guilty of all charges. 
 Sentencing before DC Superior Court Judge Lynn Leibovitz is scheduled for Aug. 11.