Defense Angry with Prosecution for Failing to Deliver Indictment

At a felony status conference on March 3, the defense threatened to request a defendant’s release and appeal a homicide case after the prosecution failed to deliver an indictment but requested an extension.

Maurice Williams, 19, and Seaun McDowney, 18, are charged with first-degree murder while armed in connection to the murder of Marquette White. On Jan. 21, 2022, Metropolitan Police Department (MPD) responded to a call for a shooting on the 3800 block of Commodore Joshua Barney Drive, NE. Upon arrival, police found White, 20, suffering from a gunshot wound. He succumbed to his injuries later that night.

At the hearing, McDowney’s defense attorney, Roderick Thompson, expressed frustration with the prosecution for their failure to deliver the indictment in a timely manner.

However, the prosecution felt there was not enough adequate time to file the indictment and requested that the deadline be extended to April 17, a month later than the original deadline.

Upon the request, Thompson stated that McDowney’s rights to an indictment were being violated and if the prosecution’s request was granted, the defense would request McDowney’s immediate release and would take the case to the court of appeals.

William’s defense attorney, Brian McDaniel, agreed with Thompson’s statement.

DC Superior Court Judge Michael O’Keefe rejected the prosecution’s request for an extended deadline and set the next hearing date for the day before the original indictment deadline.

The next hearing is slated for March 16.

Sex Abuse Case on Track to Begin Trial in April

During a trial readiness hearing on March 3, counsel discussed pending DNA analysis and requested more time to submit motions in a sex abuse case.

The 35-year-old defendant is charged with two counts of first-degree sex abuse while armed with a dangerous weapon. He appeared virtually before DC Superior Court Judge Marisa Demeo. His release compliance was also a subject of the hearing.

During Friday’s hearing, a member from pretrial services told Judge Demeo that the defendant has been in full compliance with his release conditions.

Defense attorney, Kevann Gardner also asked for more time to submit motions.

“I understand the deadline has come and gone,” he said.

Judge Demeo granted his request and established a new deadline of March 10 for the defense to file motions. The prosecution must respond by March 17.

According to court documents, the victim told officers that on July 5, 2011, she came from smocking crack at a friend’s house, While she was walking on 14th Street, NW, the defendant stopped to talk to her. At the time, she told police he was driving a two door dark blue or black vehicle.

The victim got into the front passenger seat of the vehicle and the defendant drove to a nearby alley and parked the vehicle close to the wall, so that the victim wouldn’t be able to open the door, documents state.

He then reached for a large screw driver and told the victim to get naked and demanded oral sex. The defendant then drove further into the alley and forcefully engaged in intercourse with the victim.

The defendant then let the victim out. The victim went to a local hospital and several DNA tests were conducted.

The DNA profile proved a strong match to the defendant, who is a convicted felon, on Dec. 7, 2020.

The parties are set to reconvene on March 17.

Document: US Marshals Involved Shooting in Southeast

Metropolitan Police Department agents are investigating a fatal shooting involving United States Marshals Service that occurred on Feb. 28, on the 4300 block of 3rd Street, SE.

According to a press release, at about 1:00 pm, US Marshals were looking for 22-year-old Alaunte Nicholas Scott who was wanted on an outstanding warrant. The deputies located him and he fled on foot and produced a firearm.

The deputies discharged their firearms, striking him.

He was pronounced dead at the scene.

Document: Arrest Made in a Homicide

Metropolitan Police Department detectives made an arrest in connection to a homicide that occurred on March 2, on the 4200 block of Kansas Avenue, NW.

According to a press release, at about 7:00 pm, officers located 45-year-old Ali Zarrincalaki suffering from stab wounds. He was pronounced dead at the scene.

On March 2, 36-year-old David Howard was arrested and charged with first-degree murder while armed.

The investigation revealed that Zarrincalaki and Howard knew each other.

Judge Extends Deadline After Prosecution Fails to Turn Over Evidence

At a felony status conference on March 3, DC Superior Court Judge Michael O’Kefe extended the deadline for the prosecution’s disclosure of evidence to the defense.

Ronald Wallace and Deangelo Glover are charged with first-degree murder while armed for their connection to the shooting of two individuals on Jan. 19, 2021, on the 3800 block of Hayes Street, NE. Unfortunately, one of the victims, 32 year-old Tyrone Wright, who suffered a total of 17 gunshot wounds to his head, body, and legs, succumbed to his injuries that night.

At the hearing, Glover’s defense attorney, David Night, expressed frustration with the prosecution for failing to turn over evidence despite the deadline passing.

Night said he previously had issues accessing the body-worn camera footage from the officers who responded to the incident. However, the prosecution failed to fix the technical issues despite the passed deadline.

The prosecution argued that they were still working on moving the documents to the digital files and requested that Judge O’Kefe move the deadline date for a new deadline to March 17.

Night was not opposed to the new deadline, but expressed his concerns that the deadline would be ignored as it had been previously.

Judge O’Kefe accepted the prosecution’s request and the deadline was extended.

On Jan. 19, Glover, 31, was indicted on 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.

However, Wallace, 49, has yet to be indicted. His defense attorney, Michael Bruckheim stated his intent to file a motion to sever his case from Glover’s, but he cannot do so until an indictment is returned.

Bruckheim has requested that the next hearing be an arraignment. However, given that Wallace’s indictment has still not been returned, Judge O’Kefe said that this would be unlikely.

Judge O’Kefe set the trial date for Jan. 13, 2025.

The next status hearing is set for June 23.

Prosecution and Defense Argue Over Conflict of Interest in Homicide Case

At a status hearing on March 3, a defendant in a homicide case waived his right to conflict free representation after his attorney served as representation for one of the witnesses’ mothers.

Eighteen-year-old Nelfy Hernandez, 20-year-old DeAndre Levy and 18-year-old Trey Prillerman, are charged with first-degree murder in relation to a mass shooting on the 5500 block of 9th Street, NW on Aug. 10, 2020. The three allegedly opened fire on a group of teenagers. Taijhon Wyatt, 17, was killed in the shooting.

At the hearing, DC Superior Court Judge Maribeth Raffinan dealt with a possible conflict of interest between one of Levy’s defense attorneys, Jonathan Zucker, and one of the possible witnesses.

Zucker served as representation for the witness’ mother in a special education case. The prosecution argued that because of this, Zucker may have information that could discredit the witness if he incriminates the defendant.

The witness is currently in another case. His representation spoke on his behalf and stated that the witness did not wish to testify and had a fifth amendment right that would allow him to do so.

“I don’t believe there is a risk to the administration of justice,” his defense attorney stated, given that his client did not wish to testify.

In the end, he stated that the witness was willing to give informed consent if he did have to testify.

The prosecution, however, did not believe that informed consent would be enough to excuse the conflict of interest between the witness and Zucker. In response, the judge requested that Levy waive his right to conflict free representation.

After Levy agreed to do so, the prosecution still expressed concern that the relationship between Zucker and the witness would be problematic.

“The court’s job is to prevent the appearance of impropriety,” the prosecutor said.

Judge Raffinan attempted to solve this conflict by requiring a brief on how the prosecution would question the witness and how the defense wished to respond. Judge Raffinan also informed Zucker that he could not use any previous information that he had in order to discredit the witness.

After concluding their conversation, Judge Raffinan stated that a similar conversation would have to be had with the witness. She then set a date for the next hearing for that conversation.

The prosecution requested that the next hearing would only include the prosecution, the witness, and the witness’ representation.

He stated that including any of the defendants or their council would “further compound the problems” that they are facing in the case.

However, all three of the co-defendants’ attorneys requested that they and their clients be present at the hearing.

Judge Raffinan agreed to the defense’s request as all three co-defendants are involved in the case and have a right to be present at the hearing.

The next status hearing to discuss the conflict of interest with the witness is slated for March 10.

Case Acquitted: DC Superior Court Awaits Return Of Defendant Held in Another State

This case was acquitted on Nov. 15, 2023.

On March 3, defense attorneys William Alley and Jason Tulley represented a defendant before D.C. Superior Court Judge Anthony Epstein.

Michael Austin’s present was waived since he is held for another offense in the state of Pennsylvania.

Austin, 28, is charged with second-degree murder in connection to the alleged shooting of 26-year-old Kayvon Kinney. The shooting happened on the 1800 block of Gainesville Street, SE on May 24, 2020.

Defense attorneys stated that Austin is incarcerated in Pennsylvania and should be released to D.C. by the end of April. They asked the judge to schedule a hearing date in May.

Austin has another offense in the State of New Jersey, however, according to the defense attorney, and the prosecution D.C takes presence
The next hearing was scheduled for May 14.

Judge Accepts Defense’s Motion for Disclosure of Materials from Prosecution

During the status hearing for defendant Ernest Cleveland, DC Superior Court Judge Robert Okun ruled that the prosecution must hand over all materials and unredacted paperwork to the defense by April 3.

Cleveland, 29, is charged with first-degree murder while armed, three counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, aggravated assault knowingly while armed, and unlawful possession of a firearm for allegedly shooting 39-year-old Edward Pearson and another person. According to court documents, MPD responded to a call regarding an unconscious person on Nov. 26, 2020, on the 2900 block of Connecticut Avenue, NW.

During the March 3 hearing, defense attorney Madalyn Harvey stated “I have no faith in the government” when explaining the reasoning for the motion to the court.

The original motion to request the materials was filed by Harvey on Jan. 6 of this year, yet the defense stated that the materials were redacted, causing a comprehension issue in the case. Harvey filed a motion to compel un-redacted discovery on Feb. 27, requesting these materials from the prosecution once again.

The prosecution said its primary concerns are in regards to witness safety and the disclosure of personal information and names may be dangerous. The prosecutor also explained that the defense team already knows the names of each redacted individual, furthermore they do not see how it is necessary to hand over the information.

Judge Okun reviewed multiple documents throughout the hearing and ruled with the defense to require the prosecution to disclose all materials. However, these materials do not need to include personal information such as addresses or social security numbers as safety precautions.

The defense filed a second motion prior to this hearing to reopen the preventative detention hearing. This motion will be discussed in the next status hearing to give the prosecution time to formally submit a written response to the motion.

The trial is scheduled for July 10 and expected to last approximately three weeks. The next status hearing is set for April 28.

Case Acquitted: Defense Argues For Sanctions on Prosecution Witness Due to Missing Evidence

This case has been acquitted.

A homicide defendant appeared in front of D.C. Superior Court Judge Robert Okun on March 2, as parties argued on a defense motion for failure to preserve evidence.

Cedric Alexander, who is also known as Tony White, is charged with first-degree murder while armed, robbery, possession of a firearm during a crime of violence, and illegal possession of a firearm due to a prior violent conviction in connection with the shooting of 38-year-old Daquan Hooks on March 23, 2017, on the 1900 block of 13th Street, SE.

Defense attorney, Sellano Simmons filed a motion due to Metropolitan Police Department (MPD) officers failing to preserve body-worn camera footage that Simmons said he believes could have absolved his client or pointed detectives to a different suspect.

Simmons shared with Judge Okun that he believes dismissal is appropriate in this case, but submits to the court that he will accept sanctions on one of the prosecution’s witnesses as their initial MPD interview was not recorded by the officer’s body-worn camera.

Simmons argued that without the footage, the defense is left at a disadvantage and is unable to impeach the witness with their initial statements on the incident.

The prosecution argued that because the defense cannot prove the missing footage would have been included in the prosecution’s argument, sanctions on their witness are inappropriate. In addition, the prosecutor argued that the defense still has the recording of the witness’s initial 911 call and their multiple subsequent recorded interviews with MPD officers.

The prosecution said the material provides the defense with more than enough to impeach the witness’s testimony.

Judge Okun did not rule on this motion and took it under further advisement as he said he believed it was a close call. He required more time to consider both sides of the argument.

All parties are scheduled to return on Sept. 8 to begin preparing for trial.

Defendant Pleads Not Guilty for the Murder of A Mother-of-Two

During a March 3 arraignment, a defendant pleaded not guilty to six charges in connection to a 2022 case.

Dominique Brown-Young, 21, is charged with first-degree murder premeditated while armed, two counts of assault with a dangerous weapon against a minor, and three counts of possession of a firearm during a crime of violence, in connection to the fatal shooting of Deshaun Cupid, 30. The shooting occurred on the 700 block of 18th Street, NE on March 10, 2022. According to court documents, her children were present at the time of the murder.

On behalf of Brown-Young, attorney Molly Bunke alerted the court he was pleading not guilty to all six charges.

Counsel for both parties requested a trial date for July 2024.

Brown-Young is expected to return to court for a status hearing on May 26.

Sex Abuse Defendant Pleads Guilty to Assault

During a March 3 hearing, DC Superior Court Judge Marisa Demeo accepted a guilty plea in from a sex abuse defendant.

Brandon Brown, 33, was initially charged with two counts of first-degree sexual abuse with aggravating circumstances while armed, aggravated assault knowingly while armed, assault with a dangerous weapon and kidnapping while armed.

During the Friday hearing, he pleaded guilty to one count of aggravated assault and one count of obstructing justice.

According to court documents, the victim was granted a temporary protective order against Brown on April 11, 2022 after the defendant strangled her.

On April 19, 2022, the victim was sitting in parking lot when the defendant entered her vehicle and brandished a pocketknife demanding she drove to the defendant’s residence, court documents state.

Once at the residence, he demanded the victim unlock her cellphone and he began looking through it. He saw something he didn’t like and began to choke and punch the victim in the ribs and in the head.

Additionally, he insisted that the victim engage in oral sex with him before stopping to check the victim’s cellphone and repeating the cycle of abuse.

When the Metropolitan Police Department officers arrived at the location, the officers saw the defendant with his underwear and pants pulled down, standing over the victim who was crouched in the corner crying wearing only her bra and underwear.

Judge Demeo accepted the plea offer.

The parties are scheduled to return for a sentencing hearing on May 12.

Victim’s Injuries Were Not Life Threatening in Non-Fatal Shooting, Trauma Surgeon Says

Trial for a non-fatal shooting between lifelong best friends continues.

Stefen Farmer, 50, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, carrying a pistol without a license outside a home or business, unlawful possession of a firearm, unlawful possession of ammunition, possession of an unregistered firearm, assault with significant bodily injury while armed, assault with a dangerous weapon, and four counts of possession of a firearm during a crime of violence, for his alleged connection to a Feb. 25, 2021, non-fatal shooting that happened on the 4400 block of Gault Place, NE.

The trauma surgeon that took care of the victim at the hospital on the day of the incident testified that the victim had been alert and awake when he arrived at the hospital, and that none of his injuries had been life threatening.

The victim sustained two gunshot wounds, even though Farmer allegedly shot the gun a total of three times. The last shot missed the victim, according to court documents. Doctors originally thought the victim had sustained three gunshot wounds, but after further exams they realized the wounds on the victim’s leg was an entry and exit wound from the bullet.

The defense is slated to call their only witness on March 6, with closing statements for the trial to be done that afternoon.

Prosecution Calls Victim to Relay Experience During Mass Shooting Trial

Prosecutors in a non-fatal shooting trial asked the victim to recount his experience during the shooting.

Travis B. Littlejohn, 37, is charged with assault with a dangerous weapon for a non-fatal shooting incident. The shooting wounded four individuals on the 3800 block of Minnesota Avenue, NE on July 5, 2019, at 11:27 p.m.

During the March 2 trial, the prosecution called three witnesses to attest to the incident.

A Metropolitan Police Department (MPD) Officer who testified the day prior and continued his testimony in court.

The prosecution picked up where the court had left off on March 1, with the witness’s body-worn cam footage from the incident. The footage showed the witness interacting with one of the four victims whom he rendered aid to.

The witness said that he was dispatched to Minnesota Avenue after a report of shots fired. When he arrived at the scene, he quickly attended to the victims who were shot and called for medical personnel.

While on the scene, the witness said he was approached by someone in the area. This unnamed individual informed the officer that a video was circulating on Instagram that showed the incident occurring.

Defense attorney Russell B. Hairston objected to the display of the officer’s body cam footage that showed this video being viewed in real-time. DC Superior Court Judge Maribeth Raffinan sustained the defense’s objection and restricted the video from being shown.

In a swift line of questioning, Hairston asked the witness about his 25-day suspension while on the force.

Hairston completed his line of questioning by inquiring about whether the witness had checked the scene for bullet casings. The witness told Hairston he had not.

The prosecution redirected the witness and asked why he hadn’t paid more attention to these casings. The witness said he was more concerned about the safety of the citizens at the scene than searching for casings because if someone had sustained deadly injuries while in his care, then there would be “other problems.”

The next witness, one of the four victims, described the events leading up to the shooting that occurred on July 5. He said he and his friend had been drinking since 11 a.m. that day and polished off “a lot of Jose Cuervo.” Both the men found themselves with another friend later that evening at Malcolm Liquor located across the street from where the shooting would occur.

The witness said the three of them left the liquor store and joined a group of people across the street. The group was gathered on the sidewalk outside of the Shell gas station. The witness told the jury that he saw one of his friends arguing with a man darker than himself who had long dreads.

Neither of these descriptions currently matches the defendant.

After this altercation the man returned to his vehicle and turned into the shell gas station. Moments later, the car zipped back around, and a person started shooting into the crowd of people. It was here that the witness said he was shot.

This witness testified to having a firearm in his possession during the time of the incident. He also has an open criminal case of his own for the unlawful possession of a firearm associated with this incident.

The defense speculated if this witness’ testimony was part of a broader deal with the prosecution.

The final expert witness worked as a crime scene processor with the DC Forensic Sciences Department and documented the crime scene on July 6, 2019. The prosecution’s goal for this witness was to validate crucial evidence in the case.

This evidence included ballistics observations and documentation of the bullet casings and cartridges the witness found at the crime scene. The witness said there were three different types of bullet casings found at the scene – implying three separate firearms.

The trial is scheduled to continue on March 6 with more witness testimony.

Hearing Scheduled While Awaiting Indictment Charges in Second-Degree Murder Case

During a felony status conference on March 3, DC Superior Court Judge Robert Okun granted the prosecution more time for the next hearing while waiting for indictment charges from a pending Grand Jury.

Gary Rush is currently facing a second-degree murder charge in connection to the death of Keena Dowtin after a fatal motor vehicle collision on Sept. 20, 2020. The collision occurred near Fort Dupont Drive and Fort David Drive in Southeast, DC.

The prosecution also discussed a sealed matter with Judge Okun during the hearing, with the information unknown to the rest of the court.

Rush, 40, sustained injuries due to the collision and was transported to a hospital for medical care shortly after police arrived at the scene. A toxicology screening revealed levels of PCP in the defendant’s blood at the time of the crash.

Court documents also show evidence that Rush was traveling at a rate of 78.87 miles per hour, more than 50 miles per hour over the speed limit on the block of the crash.

Rush was released under the High Intensity Supervision Program (HISP). The defendant was ordered to be present at the courthouse for the next hearing.

The next felony status conference is scheduled for April 28.

Defendant Waives Right to Independent DNA Testing in Double Homicide Case

During a March 1 status hearing, a murder defendant said he was “choosing not to test” because “everything is good for [him].”

Keanan Turner, 33, is charged with two counts of first-degree murder and one count of assault with intent to kill. Both victims Wanda Wright, 48, and Ebony Wright, 31, were murdered on the 2000 block of Good Hope Court, SE on April 12, 2021.

Defense attorney Franz Jobson said that, contrary to prior concerns, he and his client would not be seeking independent testing.

The prosecution in this case said three evidentiary items from three separate locations were collected to submit to a lab for testing.

These items included a plastic bottle retrieved from the apartment where the murders took place, a seized motor vehicle correlated with the crime, and unnamed items from the home the defendant was arrested in.

According to the prosecution, the results from the testing came back positive for the DNA of the victims, but not the defendants.

The remainder of time was used to set the court’s case schedule.

The prosecution estimated that the length of the trial would take two weeks, expecting 15 to 20 witnesses. The defense is yet to have a finalized list of their witnesses.

The next status hearing is scheduled for April 6.

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