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Motions in Murder Case Pushed Back for Further Discussions

During a status hearing on April 21, motions for a bond review and Grand Jury materials were discussed between the parties, however, a future court dated was set for further review. 

Elhadji Ndiaye, 24, allegedly shot 21-year-old Travis Ruth on the 2700 block of Jasper Street, NE, on Jan. 18, 2019. Ndiaye is charged with first-degree murder while armed, possession of a firearm during crime of violence, robbery while armed, tampering with physical evidence, destruction of property less than $1,000, and obstruction of justice. 

In regards to the bond review motion, the prosecution will need to respond with their opposition by April 26. Ndiaye is currently held at the DC Jail. 

During the hearing, DC Superior Court Judge Anthony Epstein also set a date for a trial readiness hearing for Jan. 12, 2024. The trial is slated to start the following week on Jan. 22, 2024. 

The next motions hearing is set for May 11.  

Trial Deadlines Set While Parties Await DNA Testing Results in Homicide Case

During an April 21 hearing, DC Superior Court Judge Michael O’Keefe set deadlines for trial preparations while parties wait for DNA testing results.

Darrell Moore, 45, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. Moore allegedly shot 37-year-old Julius Hayes on the 300 block of 18th Street, NE on April 3, 2020.

Defense attorney Stephen Logerfo, who recently joined the case, said he is still learning about the case but is equipped to proceed with the previously scheduled hearings. He said DNA testing results will not be ready for several months.

Judge O’Keefe set deadlines in September and October for motions and response deadlines, respectively.

Metropolitan Police Department (MPD) officers found Hayes between two parked cars suffering from six gunshot wounds. He was pronounced dead after being transported to a local hospital. 

According to court documents, witness testimony alleges that Moore and Hayes were in an argument before the shooting.

Moore had been released from prison eight months before the incident. He and Hayes had been in the same prison facility in the past.

Trial is set for February 2024.

Moore is scheduled to return to court on Aug. 30.

Judge Gives Defendant Second Chance at Probation

During a probation show cause hearing on April 21, DC Superior Court Judge Michael Ryan`gave a defendant a second chance at probation in a shooting case.

Tyran Baker, 35, was charged with unlawful discharge of a firearm and possession of a large capacity ammunition feeding device for shooting a firearm on Jan. 1, 2022, on the 3300 block of 13th Street, SE.

Baker was already sentenced on Sept. 1, 2022, for attempted possession of a large capacity ammunition feeding device and unlawful discharge of a firearm. 

While on probation, Baker was arrested for carrying a pistol without a license in another case. A violation of his probation. 

Court Services and Offender Supervision Agency (CSOSA) recommended Baker’s probation be revoked, but Judge Ryan decided to give him an additional six months of probation starting today. 

If Baker fails to comply, he will return to jail.

Defendant Pleads Guilty to Aggravated Assault in Non-Fatal Shooting 

A defendant charged with a non-fatal shooting pleaded guilty to two charges during an April 21 felony status conference. 

Dasani Dawson, 18, pleaded guilty to one count of aggravated assault while armed and one count of possession of a firearm during a crime of violence. DC Superior Court Judge Anthony Epstein presided over the matter. Dawson was initially charged with assault with intent to kill in September of 2022.  

By pleading guilty to a lesser charge, through the agreement, Dawson would likely face a lighter sentence.

If Judge Epstein accepts the sentence recommendation, Dawson will be sentenced to eight years in prison, five years on supervised release, as well as having to register as a gun offender.

The sentence range for aggravated assault while armed is between 4 years and 10 years in prison. 

According to court documents, Metropolitan Police Department (MPD) officers arrived on the 800 block of Chesapeake Street, SE, on Aug. 4, 2022. At the scene, officers found the victim suffering from multiple gunshot wounds to the back and jaw. Dawson fled the scene prior to police arriving. He was later arrested on Sept. 8, 2022. 

Dawson is currently being held with no bail. The sentencing is scheduled for July 21. 

New Trial Date Set for First-Degree Murder Case

Defense Attorney Mani Golzari requested a new trial date for a murder case, during an April 21 status hearing, because he had to reschedule another defendant’s trial. 

Wilbert Whitaker, 74, is currently charged with second-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in a shooting incident that occurred in April of 2016. 

During the hearing, the prosecution noted that another defendant’s case is marked as high priority and needs to take place as soon as possible due to its status. 

According to court documents, police responded to sounds of gunshots on the 800 block of 21st Street, NE and found the victim, Leo Hackett, 30, with multiple gunshot wounds. Hackett was taken to a hospital where he was pronounced dead.

Whitaker is currently released on personal recognizance. 

His new trial date is set for Nov. 7, 2024. 

This trial, which has been rescheduled numerous times, will be 8 years old by the new intended date. 

DC Superior Court Judge Anthony Epstein scheduled the next hearing on July 12. 

Judge Declines to Release Non-Fatal Shooting Defendant

DC Superior Court Judge Michael O’Keefe declined to release a defendant in connection to a non-fatal shooting in a hearing on April 21.

Dwayne Dolberry, 41, is charged with assault with intent to kill, unlawful possession of a firearm during a crime of violence, carrying a pistol outside of a home or business, and unlawful possession of ammunition on the 1600 block of Trinidad Avenue, NE on March 2, 2022.

Dolberry allegedly approached the victim, brandished a handgun and fired at the victim, missing him. He then fled the scene.

Dolberry’s brother, 29-year-old Robert Dolberry was indicted with him. He is charged with five counts of obstructing justice and one count of threat to kidnap or injure a person in connection to the incident.

Defense attorney Wole Falodun waived Dwayne’s appearance after he was supposed to appear in court via Webex but was unable to log on.

The prosecution said they got approval to send plea agreements to each defendant.

Robert’s defense attorney asked the judge to release him. She explained that he was only named on the indictment and arrested almost a year after the incident.

Judge O’Keefe said the charges are problematic for both defendants, and he will not release Robert without knowing what the obstruction charge is for.

Robert is scheduled to return to court on May 1 to discuss his release.

Both defendants are scheduled to return to court on June 2 to accept plea agreements or schedule a trial date.

Homicide Defendant Requests to Serve Home Confinement from Florida in 30-year-old Homicide Case

DC Superior Court Judge Michael O’Keefe said he was willing to let a homicide defendant serve home confinement from his home in Florida in a hearing on April 21.

Ron Wright, 48, is charged with first-degree murder while armed in connection to the death of 19-year-old Ricardo Burbano on March 31, 1992, on the 100 block of Q Street, NW. The Metropolitan Police Department (MPD) discovered Burbano’s body wrapped in a plastic sheet and bed comforter with a cord around his neck, thighs, and ankles on the 900 block of Chillum Road in Hyattsville, Md.

According to court documents, the victim’s nose and mouth were covered with blood-soaked duck tape and his head was wrapped in a brown plastic bag. Three of his teeth were missing and his fingernail was also missing but found in his pocket with one-hundred dollars and a safe deposit box key. He suffered 11 blunt force head injuries and two stab wounds to his chest and back.

Defense attorneys David Benowitz and Paulette Pagan asked Judge O’Keefe to modify Wright’s conditions to allow him to serve home confinement from Florida.

Benowitz and Pagan explained that Wright has lived in Florida for 13 years with his wife. Wright also owns two businesses in Florida.

However, the prosecution expressed concern about the lack of precedent for moving a homicide defendant to a different state.

The prosecution also had questions about the Florida agency, since it is contracted. They explained that the court should not “bend over backwards this far” even for someone without any previous criminal history.

Pagan explained that there would be 24/7 GPS monitoring and will a person would send violation and compliance updates to pretrial services in DC, Judge O’Keefe, the prosecution and defense attorneys.

Judge O’Keefe explained that if the defendant “wanted to flee, he could cut off his monitor and flee here.”

He said that home confinement is the same no matter what house Wright is in. So long as pretrial services can agree to receive the information he is “happy to make it work.”

Wright is scheduled to return to court on May 3.

Trial Delays Continue in Double Homicide Case 

On April 21, parties continued jury selection on what was supposed to be the first day of trial.  

Alphonso Walker, 46, is charged with two counts of first-degree murder in connection to the death of Delonte Wilson,23, and Antone Brown,44, near the 400 block of 61st Street, NE on April 25, 2018. 

Parties were not able to reach the jurors’ threshold number, out of the beginning 80-juror panel, to go on to final jury selection because too many jurors already set plans for various reasons, including the Memorial Day holiday.

An additional 30-juror panel will report to the court on April 24 for the threshold to be met. The trial is scheduled to start that afternoon.  

“This is a process that is tedious sometimes but it guarantees our accused a fair trial,” said DC Superior Court Judge Rainey Brandt to potential jurors before she asked them to return on Monday for final jury selection. 

After the jury was dismissed, parties continued to argue over evidence and motions regarding trial. 

The prosecution requested a transcript from a secret recording to be allowed to come in as needed during trial with some redaction. 

According to the prosecutor, the recording was taken from a conversation between two of the prosecution’s witnesses. 

The conversation includes a friend of Walker, who said Walker had told her about the shooting, telling her friend about the conversation and what the defendant told her. The friend secretly recorded Walker’s friend by slipping a phone in her bra, the prosecution stated. 

Defense attorney Kevaan Grander objected to the whole transcript, saying it was a hearsay statement and the prosecution has no evidence that what the witness was saying was actually what Walker told her. 

Judge Brandt allowed the transcript to be used because it is consistent with the witness’s Grand Jury testimony, and it should be left up to the jury to decide whether or not it’s true. 

In addition, Garder requested for all parties to address Walker by his name during trial instead of “defendant” to avoid any bias. 

The prosecution objected to this request, saying they have the right to address Walker by ”defendant” because that is his role in the case. 

Judge Brandt requested more time to reconsider the oral request because, according to the prosecution, she had already objected to it a few months ago. 

Parties are scheduled to return to court on April 24. 

Defense Prepares Motion to Continue 2015 Homicide Trial

At a status hearing on April 21, DC Superior Court Judge Marisa Demeo requested that the prosecution put their motion to delay the trial in writing before the court could rule on the matter.

Eugene Burns was convicted of first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in 2017. The case was reopened on appeal in 2020. Burns, 31, allegedly shot his best friend, 24-year-old Onyekachi Emmanuel Osuchukwu III, on Nov. 15, 2015, on the 2900 block of Second Street, SE.

At the hearing, the prosecution stated an intent to continue the trial date, however, the reasoning for the motion would be under seal if Judge Demeo decides to make that ruling after the motion is filed.

The defense stated that they were opposed to the motion in order to protect Burns’ right to a speedy trial, but would continue to wait for it to be filed formally.

The deadline for the motion is on April 26, and the defense must respond by April 28. 

The next hearing is slated for May 1.

Defense Intends to Compel Witness to Provide DNA for Testing

At a status hearing on April 21, the defense expressed an intent to compel a witness to provide  DNA for testing with the evidence as per the defendant’s request.

Chad Hawthorne is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for allegedly shooting 35-year-old Antonio Bassett on May 22, 2017, on the 3900 block of Pennsylvania Avenue, SE.

During the hearing, defense attorney Jonathan Zucker indicated that Hawthorne, 42, requested that one of the prosecution’s witness’s DNA be tested along with the evidence that had been sent to the lab. 

Zucker also admitted that he was unaware of the case law regarding the request as he has never seen anything like this before. However, he said that he is prepared to follow all of the necessary procedures to obtain DNA swabs from the witness.

DC Superior Court Judge Marisa Demeo asked Zucker to discuss the issue further with the prosecution and to submit a proposal given that the witness is unwilling to provide DNA.

The next hearing is slated for Sept. 8 to allow time for DNA testing if the witness complies.