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Defendant’s Family Requests New Counsel in Assault Case 

DC Superior Court Judge Heidi M. Pasichow advised a non-fatal shooting defendant to become acquainted with his new attorney, before he requests a new one. 

The 37-year-old defendant is charged with one count of assault with a dangerous weapon and one count of assault with significant bodily injury. According to court documents, the defendant started a dispute with his child’s mother on the 2400 block of James Bank Road, SE which resulted in an assault.

On March 28, the defendant appeared in court for an ascertainment of counsel hearing. His original defense attorney, Kevin C. Robertson, was present along with his newly appointed counsel, Darryl Daniels II. 

Robertson ensured a smooth transition in the case. 

Daniels introduced himself to the court and informed Judge Pasichow that he believed the defendant’s family was actively seeking alternative counsel. 

Judge Pasichow advised the defendant against the appointment of new counsel before he had the time to meet with Daniels. “You cannot come into a courtroom without counsel,” said Judge Pasichow. 

The defendant attempted to represent himself at the start of the case. 

He is scheduled to return to court April 12 for another status hearing. 

Domestic Violence Defendant Convicted of Parole Violation Misses Court Date

A defendant accused of assaulting his girlfriend failed to appear in court for a hearing on March 28 and remained in DC Jail. 

The 33-year-old defendant is charged with assault with a dangerous weapon for allegedly attacking his significant other in a domestic dispute. The incident occurred on Feb. 8 on the 1200 block of North Capitol Street, NW. 

On Tuesday morning, defense counsel Jordan Crunkleton, informed DC Superior Court Judge Heidi Pasichow that her client was currently held at DC Jail for violating parole. 

The prosecution said the defendant was arrested on March 8 for violating parole in another domestic violence case. Green was sentenced to 120 days in jail in that matter.

According to court documents the defendant was charged in a violent dispute with his girlfriend during a card game. The defendant reportedly became enraged when he discovered a man was texting his girlfriend.

The next hearing is scheduled for April 12.

Judge Grants Defense Motion For Mistrial 

A mistrial was declared after a jury failed  to reach a unanimous decision on two of seven charges in a murder case on March 27.

Jean Kearney, 35, is charged in connection to the murder of Dontra Harris, 33, and assault on a law enforcement officer. Kearney has seven charges against him, including first-degree murder while armed, assault on a police officer while armed, unlawful possession of a firearm with a prior conviction, two counts of possession of a firearm during a crime of violence, possession of a large capacity feeding device and obstruction of justice.

On March 24, the jury delivered a partial verdict finding  Kearney guilty of five of the seven charges against him, including possession of a firearm with a prior conviction, possession of a large capacity ammunition feeding device, obstructing of justice, assault on a police officer while armed and possession of a firearm during the commission of a crime of violence.

However, during the latest deliberations the jury sent multiple notes that they were unable to reach a unanimous decision on the first-degree murder while armed and a count for possession of a firearm during a crime of violence charges.

Defense attorney Michael Madden continued to push for a mistrial every time the court received a note from the jury. After many tries his request was finally granted by DC Superior Court Judge Raffinan Maribeth. 

Judge Raffinan stated that the jury’s verdict on the other charges would stand even though she declared a mistrial for the murder and possession charges.  

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

A status hearing is scheduled for April 7. 

Defendant Receives 35 Years in Murder Case

During a sentencing hearing on March 24, DC Superior Court Judge Rainey Brandt sentenced a defendant to 35 years in prison. 

Edward Brown, 60, was charged with two counts of first-degree murder while armed of a senior citizen and robbery while armed of a senior citizen in the stabbing of Michael Mahoney, 71, on Feb. 5, 2018, on the 2300 block of 11th Street, NW. 

Judge Brandt sentenced Brown to 35 years in prison for first-degree murder and 168 months for second-degree murder with five years of supervised release. These charges will be served concurrently. 

According to court documents, Mahoney was found in his apartment in a pool of blood with two stab wounds in his neck. 

According to court documents, Mahoney gave Brown permission to sleep on his couch because he did not have anywhere to stay. Brown was thought to be high on crack cocaine at the time of the crime. 

Brown stated, in court, that he had known Mahoney since 1975.

During the hearing, the prosecutor asked to hear from three individuals close to Mahoney to give victim impact statements.

The prosecutor requested a sentence of 35 years, while the defense argued for the minimum sentence required.

Defense attorney Megan Allburn said Brown had a problem with drugs, and was sexually assaulted as a child. She said she hoped the judge would take Brown’s issues into account when sentencing.

Brown still maintains his innocence and said he plans to appeal his case. 

Judge Finds Probable Cause in Assault With a Dangerous Weapon Case 

On March 27, DC Superior Court Judge Lloyd Nolan found probable cause that Delante Smith fired shots during a longstanding dispute. No one was injured in the incident that occurred on the 2600 block of Stanton Road, SE on Feb. 6. 

Smith, 29, is charged with assault and possessing a dangerous weapon during a crime of violence. 

According to the lead detective in the case, Smith and the victim had argued for some time. On the day of the shooting, the victim told Metropolitan Police Department (MPD) officers that he intentionally smashed the defendant’s car window that morning to provoke a fight. 

According to court documents, Smith tracked down the victim and shot at him several times but missed.  

Officers showed the victim suspect photos, and he identified the shooter as Smith. 

Smith was taken into custody after police found him with a gun during execution of a search warrant at his girlfriend’s apartment. 

Judge Nolan denied bail and the next hearing in the case was scheduled for March 30. 

Jury Delivers Guilty Verdict on Three of Seven Counts in Murder Trial

Jurors returned guilty verdicts on three of seven counts in the murder trial of 36-year-old Jean Paul Kearney on March 24.

Kearney allegedly murdered Dontra Harris, 33, on April 5, 2021 in the 1800 block of 24th St NE. According to court documents, Harris suffered a total of seven gunshot wounds and was discovered unconscious in front of the  Parkway Plaza apartment complex.

The jury was unanimous on charges of unlawful possession of a firearm, possession of a large capacity ammunition feeding device and obstruction of justice. 

The other four counts, including two counts of possession of a firearm during a crime of violence, one count of first-degree murder while armed, and one count of assault on a police officer while armed, are still outstanding.  

DC Superior Court Judge Maribeth Raffinan instructed the jury to return on March 27 to resume deliberations. 

Judge Denies Two Motions in Homicide Case

DC Superior Court Judge Robert Okun denied a motion for release and a motion to dismiss in a homicide case in spite of the defendant’s claim he is a victim of police misconduct.

Marcus Barringer is charged with second-degree murder while armed for allegedly killing Rashad Davis, 32, on May 6, 2022, on the 2300 block of Nicholson Street, SE. He made his passionate plea in a status hearing on March 24.

Barringer, 32, asked for his complete release and a dismissal of all charges. He presented evidence that a detective involved in the case perjured himself. 

He also asserted that the same detective did not read him his Miranda rights.

Barringer says he doesn’t match witness descriptions either.

To further backup his requests, he said there are many things he cannot accomplish from jail including fighting other pending legal actions and taking care of his three children.

The prosecution reiterated the defendant’s criminal history as evidence against changing his release status, mentioning former convictions for armed robbery with a gun and an assault.

Barringer responded saying circumstances were against him. 

Judge Okun denied both requests. He said he was unaware of most of the information presented in the hearing and advised Barringer to put these arguments in writing to submit to the court.

Defense attorney Charles Murdter is now co-chair with defense attorney Lisbeth Sapirstein. However, Barrianger continues to advocate for himself with his attorneys acting as advisors.

Barringer’s next hearing is scheduled for June 23.

Sex Abuse Trial Gets Pushed Back Due to Defense Attorney’s Surgery Recovery

On March 24, DC Superior Court Judge Robert Okun set a new trial date for a sex abuse case to accommodate a defense attorney’s recovery from surgery.

The defendant is charged with one count of first-degree sexual abuse, two counts of first-degree child sex abuse while the victim was under the age of 18 and the actor had a significant relationship with the victim, two counts of kidnapping against a minor, two counts of first-degree sexual abuse while the victim was under the age of 18 and actor had a significant relationship with the victim, and three counts of second-degree child sex abuse while victim was under the age of 18. 

Defense attorney Candace Mitchell requested to push the trial date back six months from January 2024 to allow her co-counsel time to recover from a surgery. Defense attorney Anthony Matthews is expected to undergo surgery at the beginning of April.

The prosecution agreed to set the new trial date but suggested another hearing to confirm that it is necessary to push the trial that far out.

Jury selection for the trial was rescheduled for late July 2024. The prosecutor said he expects the prosecution’s case to take about three days. The defense said they expect their case to take about one day.

The next hearing is scheduled for June 23.

Judge Says He is Ready For Retrial in Nonfatal Shooting Case

DC Superior Court Judge Michael Ryan said he is ready to go to retrial in a non-fatal shooting case after a failed attempt in 2019.

Victor Coley, 61 is charged with assault with the intent to kill while armed, possession of a firearm during a crime of violence, aggravated assault knowingly while armed, unlawful possession of a firearm or destructive device, and possession of ammunition regarding an incident that took place on the 300 block of 40th Street, NE. During the incident, two victims were shot, one victim was shot in the back and the other in the right leg. The incident took place on Nov. 6, 2013. Coley was found guilty on all charges on Feb. 24, 2015. 

However, after receiving a 40-year sentence, Coley filed a motion to reopen his case due to ineffective counsel. On Dec. 7, 2018.

Judge Ryan informed both parties that he is ready to go to trial on May 18 and that they should make sure that everything is ready with the little time they have left.

During a March 24 trial readiness hearing, defense attorneys Carrie Weletz and Jesse Winograd asked for additional time to decide on DNA testing due to additional information they received from the previous defense attorney.  

Weletz and Winograd said they plan on filling previous motions that were filed during 2019, which are for dismissal for tampering along with evidence violations and a motion to suppress witness identification due to a hearsay issue.   

The prosecution plans on calling 32 witnesses, including summarized testimonies from those who have passed away. 

Winograd stated that the defense plans on calling zero to six witnesses, however, Coley objected, arguing with counsel, asking her to call three additional experts. 

Coley asked the judge to address himself, but Judge Ryan refused to hear him and informed him to speak to his lawyers first. 

“I would like to object to your ruling, but I accept it,” Coley said as he left the courtroom.  

A status hearing is scheduled for March 31.

Victim’s Brother Delivers Emotional impact Statement, Referencing Defendant’s 7 Year Sentence

In a March 27 hearing, a murder victim’s brother gave an emotional impact statement before DC Superior Court Judge Robert Okun imposed a seven-year sentence in the case.

Cana Browne, 25,  pleaded guilty to voluntary manslaughter for stabbing 42-year-old Ebony Morgan on May 10, 2022, on the 100 block of P Street, NE. 

“Seven years is bullshit,” the brother said, adding that the loss of his sister almost drove him to commit suicide.

The sentence was determined from a plea agreement the defendant took in December of 2022.

“I know that nothing I do here will bring her back, and I’m sorry,” Judge Okun told Morgan’s family before he accepted the guilty plea. Browne will also have to serve five years on supervised release after the sentence.

According to court documents, after receiving multiple 911 calls, Metropolitan Police Department (MPD) officers found Morgan, 42, lying on the ground, unconscious, with a puncture wound to the right side of her neck. She died five days later.

Judge Okun took the defendant’s mental health and trauma issues, her nonviolent criminal history, and the fact that she has a two-year-old son into consideration as factors in the sentence. He also recommended additional education, vocational training, and anger management therapy for Browne while she is in prison.

Defendant Pleads Guilty to All Counts in Sexual Abuse Case

On March 24, DC Superior Court Judge Robert Okun accepted a guilty plea in a case of attempted rape and robbery.

Michael Hartley, 32, was originally charged with two counts of assault with intent to commit first-degree sexual abuse by the threat of force and robbery. The case stems from two separate incidents that occurred in November 2022 on 3000 K Street, NW and Anacostia Park near the 11th Street Bridge in Southeast DC.

Judge Okun read the prosecution offer for a guilty plea to all charges, including five years in prison, a $12,500 fine, up to 10 years of supervised release, and a requirement to register as a sex offender upon release. 

According to the Metropolitan Police Department (MPD), regarding the incident located at 3000 K Street NW, the victim reported seeing the defendant follow her onto a building elevator. As they exited the elevator, the defendant snatched her phone from her hand and began striking her in the head.

The defendant threw the victim to the ground as her back faced him. He pulled her underwear down as she fought to keep it up. As the victim turned around, she saw the defendant’s pants were down. 

The victim was able to flee the scene and seek help.

As for the offense located in Anacostia Park, the victim reported she was running on a park trail when she noticed the defendant following her. The defendant grabbed her, making her fall to the ground. She began screaming as the defendant tried to pin her down and pull down her shorts. 

The defendant fled the scene. 

The prosecution stated that, if this case had gone to trial, they would have proved that Harley committed both crimes beyond a reasonable doubt. 

“I’ll conditionally accept this plea,” said Judge Okun, explaining that he needs to finish reading the reports provided by both parties before sentencing.

If accepted, Hartley’s sentencing date is scheduled for June 2. 

Defendant Chooses to be Released After Considering Repercussions

During a probation show cause hearing on March 24, DC Superior Court Judge Rainey Brandt terminated a defendant’s probation, leading to his release. 

Samuel Felton, 26, is charged with first-degree burglary while armed and assault with intent to kill while armed for robbing and firing a shot at a couple. The offense occurred in a residence on April 6, 2018, on the 4600 block of Livingston Road, SE. A one-year-old child was also in the residence at the time of the shooting. No one was shot.

During the hearing, the prosecutor said Felton was on release when he committed another gun offense, requesting the judge revoke Felton’s probation.

Judge Brandt said she would either revoke or terminate probation. A termination means the probation is unsuccessful, but the defendant would be released as opposed to serving the rest of his sentence.

Judge Brandt asked Felton if he would like to return to prison for the remainder of his sentence, or have his probation terminated.

Felton chose the termination route, saying he would have a difficult time finding a job.

Felton was released on March 24.

Document: Double Homicide on 3rd Street, SE

The Metropolitan Police Department is investigating a homicide on March 22 on the 4300 block of 3rd Street, SE.

According to a press release officers located 21-year-old Jalen Dyer and 20-year-old Tariq Richardson suffering from gunshot wounds. They were pronounced dead at a local hospital.