Judge Denies Defense Request to Drop Charge

Defense counsel’s closing argument in a murder trial centered largely on circumstantial evidence. A key piece of disputed evidence is from a cell phone.

Jean-Paul Kearney, 36, is charged with second-degree murder while armed for allegedly shooting 33-year-old Dontra Harris on April 4, 2021, on the 1800 block of 24th Street, NE.

On March 21, Defense attorney Michael Madden requested the obstruction of justice charge be dropped because “there is no evidence for which the jury could reasonably infer that Mr. Kearney knew or even should have known that there was some sort of evidence on that phone”.

In court, prosecutors played phone audio between Kearney and his mother. In the call, Kearney repeatedly says to his mother “Ask Siri to find my iPhone” which suggests that he attempted to get rid of personal information with the help of his mother’s help.

In the audio, the mother also says “you are saying too much on this phone.”

The defense’s motioned to drop the charges was denied.

Both parties are set to reconvene on March 22.

Witness on Third Day of Testimony Accuses Defense of Antagonizing

The prosecution’s witness told defense attorneys they were antagonizing him as he testified in a homicide and conspiracy trial.

Gregory Taylor, 26, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 22, and Marquell Cobbs, 21, are six of 10 defendants charged with first-degree murder, criminal street gang affiliation, conspiracy, possession of a firearm during a crime of violence, assault with intent to kill, and other charges regarding a fatal drive-by shooting that resulted in the death of Makiyah Wilson. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018.

The witness who testified on March 20 allegedly sold the defendants a vehicle that was used to flee the scene.

Murchison’s defense attorney, Elizabeth Weller, questioned the witness about the interviews he had given when arrested for carjacking in Maryland. According to the witness, in the first two interviews, he refused to provide any information to either Prince George’s County Police Department officers or Metropolitan Police Department (MPD) detectives.

According to the witness, in his third interview, after consulting with his lawyer, he provided a glimpse of some of the information he had regarding the carjacking and selling of a black Infiniti vehicle that was connected to the July 16, 2018 homicide.

According to the witness, a month after he was released in 2018, he was “at the wrong place at the wrong time,” during the carjacking of the vehicle.

After being charged for the carjacking, he accepted a more lenient plea deal for his assistance in the trial.

The witness is currently awaiting sentencing for his involvement in the carjacking, which is to be scheduled after his testimony in this trial.

Trial is slated to resume March 21.

Document: Traffic Fatality on New York Ave, NE

The Metropolitan Police Department is investigating a traffic fatality that occurred on the 1700 Block of New York Avenue NE on Nov. 6, 2022.

According to a press release, 38-year-old Brandon Johnson was struck by a bright green Dodge Challenger as he was crossing the street. The driver of the car fled the scene.

Johnson succumbed to his injuries on March 18.

Judge Denies Motion to Place Defendant Within 15 Miles of DC

After the District of Columbia Court of Appeals decided to reverse a defendant’s second-degree murder conviction, he is scheduled to be retried for a fourth time for his alleged involvement in the murder of 16-year-old Malek Mercer.

Derryck Decuir’s second-degree murder while armed against a minor and unlawful possession of a firearm with a prior conviction charges were reversed in November of 2022. The charges for were reversed due to erroneous admission of witness testimony in an early trial, according to the decision.

Decuir, 30, is currently being held by the Bureau of Prisons (BOP) in Northern Neck Regional Jail in Warsaw, Virginia, which is at least 2 hours away from D.C. He was convicted and sentenced in 2019 for shooting Malek Mercer on the 2800 block of 28th Street, SE in 2015.

Decuir’s defense counsel filed a motion to have him moved within 15 miles of DC to have more accessibility to him. His defense attorney, Lee Goebes, said it is basically impossible for the defense team to meet with the defendant. Goebes said a meeting would take a full day away from their offices and other cases.

DC Superior Court Judge Maribeth Raffinan denied the motion, stating that she does not have any authority to decide where the BOP places defendants.

However, she did state that she flagged the case to the US Marshals and they were working to figure out a placement that would be more suitable for the defendant as they go into disposition and trial.

The defense and prosecution requested a continuance to this hearing to figure out what to do next.

Parties are expected to return to court on April 27.

Defendant in Armed Rape Case Pleads Guilty in Exchange for 18-Year Sentence

DC Superior Court Judge Maribeth Raffinan accepted a guilty plea in a rape case dating back to March of 2018. In return for the agreement 22-year old Troy Ashley will serve 18 years in prison and be subject to lifetime supervision.

Ashley was accused of first-degree sexual abuse, kidnapping while armed and assault with intent to kill while armed. The maximum penalty for those crimes is life in prison without release, according to the judge.

The prosecution said Ashley forced his way into the victim’s car with a gun initially threatening to rob her on the 3200 block of Buena Vista Terrace, SE. When she told him she had no money or credit cards, Ashley forced the woman to perform oral sex, then raped her. Finally, at gunpoint Ashley told her to jump into freezing water naked or he would kill her.

Judge Raffinan asked Ashley if he “knowingly and voluntarily” accepted the plea meaning that he would waive his right to trial or appeal of his sentence.

With defense attorney Andrew Ain at his side, Ashley replied, yes. He did not offer an apology to the victim in open court.

Since Ashley has already served four years in jail, he would be eligible for release when he’s 36 years old.

“He’ll be out and will do it again,” a detective told D.C. Witness after the proceeding. The officer also said the victim was still traumatized and in need of emotional support.

Judge Raffinan scheduled May 26 for a sentencing hearing.

Judges Sentence Defendant to Two Consecutive Life Sentences in 2 Sexual Abuse Cases

Two DC Superior Court judges sentenced a defendant to two life sentences without the possibility of release for two separate sexual abuse cases.

A jury found Ronald Berton guilty of kidnapping and first-degree sexual abuse for a 2016 case in which he broke into the victim’s apartment and sexually abused her in 2007. According to prosecutors, he stole the victim’s phone to prevent her from calling for help, and took her ID. The other case Berton was convicted of assault with intent to commit first-degree sex abuse.

On March 17, two victims gave impact statements in front of the court with one of them having an advocate deliver it.

The first victim stated in her letter that she has to live with the aftermath of this attack for the rest of her life, and has dealt with severe isolation and shame. She went on to say that “rape collapses you; it is a unique type of terror.”

In her letter, she explained that when she was brought into court to testify in front of the jury, she felt like she was the one who was on trial.

“Victim blaming is pervasive in the courtroom,” she said.

The second victim told the court that he had ruined her ability to feel safe anywhere she went.

She told the court that she has spent hundreds of nights hiding in her apartment, and has struggled with depression and anxiety following the attack.

“There cannot be peace until there’s accountability,” she said.

During their statements, in front of both judges, the prosecution said the defendant’s risk of recidivism is extremely high, and that he would remain a danger to society if he was ever released.

“If there is anyone deserving of a life sentence without release, it is this defendant,” the prosecutor said.

Defense attorney Thomas Healy told the judges that the defendant believes no one should be treated the way the women were treated, but Berton maintains his innocence. When discussing the sentencing, he said “everyone is rehabilitable,” and he should not have to serve a life sentence.

Judge Juliet McKenna sentenced Berton to 120 months or 10 years for kidnapping, and a life sentence without possibility of release for the first-degree sexual abuse charge.

Judge Marisa Demeo sentenced him to 108 months or nine years for each count of first-degree burglary, attempted first-degree sexual abuse, and kidnapping, 72 months or six years for assault with intent to commit first-degree sexual abuse, and a life sentence without the possibility of release for first-degree of sexual abuse.

The sentences imposed by both judges are to be served consecutively.

Medical Examiner’s Lack of Recollection Pushes Trial Date

During a March 15 motion hearing, both the prosecution and the defense questioned a medical examiner and detective in regards to a murder hearing.

Tony S. Aiken, 48, is charged with second-degree murder while armed for allegedly shooting Kendra Smith, 23, on the 4300 block of D Street, SE on Sept. 6, 2004.

During the cross-examination, the medical examiner was asked one specific question by the prosecutor regarding whether the examiner recalled speaking with the detective.

“I do not have any recollection of talking to a detective as the case happened so long ago, and I was last spoken to back in 2004,” the examiner said.

Defense attorney Jason Tully also asked the detective if he had any recollection of speaking with the medical examiner. His response was “no”.

Previously, in a March 8 status hearing, DC Superior Court Judge Anthony Epstein granted the prosecution their request in adding additional witnesses due to evidence issues that the prosecution and the defense need time to discuss.

The lack of clarity in this case from both parties resulted in the trial date to be pushed to March 28, 2025.

The parties are scheduled to reconvene for a status hearing on April 28.

Judge Sentences Defendant on New Charges, Allowing Him to Start Nonprofit for Children in Community

At a sentencing on March 17, DC Superior Court Judge Milton Lee let Verazzano Porter plead to a lesser offense in order to create a nonprofit organization that would teach children in the community how to cook.

Porter, 29, was sentenced on charges of second-degree attempted burglary and simple assault for inappropriately touching an unconscious woman while recording a video on April 28, 2022, on the 1400 block of R Street, NW.

Porter originally accepted a plea deal on Dec. 6, 2022, pleading guilty to attempted fourth-degree sex abuse.

However, after discussing plans to create a nonprofit in which he would help children in his neighborhood become more familiar with cooking, the prosecution and defense negotiated a new plea deal that would not require Porter to become a registered sex offender. The new deal would allow him to pursue this nonprofit plan.

Porter currently works at a five-star restaurant as a chef.

“He is an artist in the kitchen,” stated Todd Baldwin, Porter’s defense attorney, on multiple occasions during the proceeding.

Before a sentence was given, Porter gave an emotional reading of a poem about second chances that his mother wrote before she passed away.

When Judge Lee asked Porter what his late mother would think of his actions, he responded “she would smack the black off me.”

Judge Lee sentenced Porter to 15 months of supervised probation for second-degree attempted burglary and three months supervised probation for simple assault, which would be served consecutively.

Judge Lee also required that Porter stay employed, regularly drug test, and put in place a stay away order from both the location of the incident and the victim.

Defendant Found Mentally Competent, Judge Rules

During a mental competency hearing on March 17, DC Superior Court Judge Anthony Epstein found a defendant mentally competent to stand trial.

Karon Brown, 31, is charged with second-degree murder while armed for allegedly shooting Cynthia Barringer, 31, on Oct. 31, 2021, on the 2300 block of Green Street, SE.

According to court documents, EMS personnel responded to the scene due to a fire in an apartment.

Once the fire was extinguished, first responders found Barringer with no signs of life. An autopsy confirmed that Barringer died from a gunshot wound under her left eye, documents stated.

The parties are scheduled to return March 31 for a status hearing.

Defense Wants to Conduct Independent DNA Testing in Murder Case

Defense attorney Roderick Thompson said he wants to conduct DNA testing on evidence in a murder case.

Daniel Fleetwood, 28, is charged with first-degree murder while armed in connection to the death of 26-year-old Shana Donahue on May 28, 2020, on the 2900 block of N Street, SE. The incident is listed as domestic violence.

On March 20, the defense said prosecutors are almost done with DNA testing and should be receiving evidence soon. The specific evidence the defense plans to test was not mentioned in open court.

The May 8 trial date was canceled as well as the motion hearing by DC Superior Court Judge Maribeth Raffinan and the trial was set to a new date. The defense also requested the continuance of the trial date, the prosecutors didn’t oppose the request.

Judge Raffinan granted the request and scheduled a trial date for Aug. 19, 2024.

The next status hearing was scheduled for May 8.

Defense Requests to Keep Defendant in Community for His Mental Health During Sentencing

During a sentencing hearing on March 17, the defense requested DC Superior Court Judge Milton Lee not imprison a defendant for a sex abuse charge to protect his mental health and provide him with the resources that he needs.

Justin Mathis, 24, is charged with third-degree sex abuse for attempting to sexually assault a woman on the janitorial staff of The Wharf located on the 1100 block of Maine Avenue, SW on Sept. 23, 2022.

At the hearing, Mathis’ defense attorney, Megan Allburn, asked that Judge Lee fully suspend the sentence and place the defendant on probation.

Allburn referred to Mathis’ traumatic childhood and untreated mental health problems as justifying his actions. She also stated that shame and guilt were drastically affecting his mental well-being.

“This is literally buckling him at the knees,” she stated.

The prosecution said the effect of Mathis’ actions on the victim is much greater than the impact of his shame.

“There is another person who is feeling pain and terror on a daily basis,” the prosecutor said.

The prsecutor requested that Mathis serve a year and a half in prison and a year and a half on supervised probation.

He agreed that Mathis could change his ways and learn from his mistakes. Still, a criminal sentence was justified.

Judge Lee began his sentencing by reprimanding Mathis for failing to comply with the conditions of his release one week before his sentencing.

He sentenced Mathis to 2 years, 4 months of which would be served, for third-degree sex abuse. As Mathis had already spent 30 days in jail, Judge Lee only required that he serve the remaining 90 days of the sentence.

“You are redeemable,” Judge Lee repeated throughout the hearing.

The judge also required that Mathis register as a sex offender for 10 years, regularly drug test, get his GED, and seek mental health treatment. A stay-away order was also issued for the wharf.

Victim’s Brother-in-Law Testifies Regarding His Last Time Seeing the Victim

On March 16, a victim’s brother-in-law testified about his experience on the day the murder took place.

Jean Kearney, 35, is charged in connection to the murder of Dontra Harris, 33, and the assault of a law enforcement officer. Kearney has seven charges against him, including first-degree murder while armed, assault on a police officer while armed, and two counts of possession of a firearm during a crime of violence, among other charges.

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

Harris’ brother in law told the jury that he had been with Harris on April 4, up to an hour before he was killed. He explained that after an encounter with a motorcycle on their way to Harris’ apartment, Harris went into his apartment to kiss his fiancee and two kids before heading out again. That was the last time any of them saw him.

The brother in law mentioned that as he and his sister were eating dinner the shooting happened. He stated that they had to army crawl from the living room area to reach the kids in their bedroom and take them to the back room to try to shield them from any gunfire.

After about 20 minutes of silence, the witness said he decided to go outside and check what had happened. However, he told the jury that he didn’t see anything other than the two bullet holes on the front entrance to the building.

The witness went back into the apartment with his sister and was just hanging out when they realized there were flashlights shining outside the living room window.

When he saw the lights, he immediately opened up the shades, and saw Harris lying lifeless behind the bush looking into the window with an arm covering his forehead.

When police identified the victim, the brother in law spoke with them and tried to give them as much information as he could about the motorcycle he had the incident with, but he didn’t recall much about the individual on the bike.

The prosecutors also called an MPD officer who worked with the gun recovery unit at the time and was dispatched to execute a search warrant at Kearney’s house on May 13, 2021.

The officer told the jury that when MPD first arrived at the defendant’s residence one of his upstairs windows was opened, which was significant due to them having to loudly announce themselves to the individual in the home. In body worn camera footage, the sergeant for the squad said “police department with a search warrant, open up” a total of three times.

When the defendant failed to open up for police, the officer broke down the front door that led to a porch. As the officer was trying to break down the door to the actual house, the defendant started shooting at the door. This led to officers to barricade the house for an hour as they awaited the SWAT team.

The defendant surrendered once the SWAT team arrived, and the officers were able to go into his house to execute the search warrant.

During the search, officers recovered an AK-47 rifle, a drum magazine that had a capacity of 100 bullets, along with other gun paraphernalia. They also recovered one of the suspect’s vehicles, which was the blue, white, and red motorcycle.

Trial is slated to continue on March 20.

Defendant Accepts Plea Deal in Sexual Assault Case

A 42-year-old defendant accepted a guilty plea of second-degree attempted burglary on March 17.

The incident occurred on Jan. 14. The prosecution said the defendant grabbed his now former girlfriend after an argument and forced himself into her apartment and onto her bed.

By accepting this plea during the March 17 hearing, the prosecution dropped the original presentment charge of assault with intent to commit first-degree sexual assault.

Brian Dinkins is currently being held at the D.C. Jail.

The defense requested bail eligibility during the hearing, stating that Dinkins is a productive member of the community and will abide by the conditions of release.

However, DC Superior Court Judge Anthony Epstein denied this request due to Dinkins lengthy criminal history with domestic violence.

By accepting this plea, Dinkins can face up to five years of incarceration, with an additional five years of probation and a fine. His sentencing is scheduled for June 2.

Man Charged in 2 Homicides Found Mentally Competent to Stand Trial

A defendant was deemed mentally competent to stand trial in two murder cases.

Matthew Walker is charged with first-degree murder while armed for allegedly shooting 32-year-old David Remen on the 1700 block of Hamlin Street, NE on Feb. 14, 2019.

The 22-year-old defendant is also charged with second-degree murder while armed for allegedly stabbing 23-year-old Jamal Green-Lee on April 29, 2019, on the 100 block of Michigan Avenue, NE. Green-Lee died from his injuries on Nov. 4, 2020.

During the March 17 hearing, DC Superior Court Judge Marisa Demeo indicated to the parties that doctors from the Department of Corrections had recently alerted the court of their evaluation of the defendant, finding him mentally competent to stand trial.

The prosecution also told Judge Demeo that a plea agreement was extended to the defendant for one count of second-degree murder while armed for both cases, one count of assault with a dangerous weapon for his 2019 case, and all other charges and cases would be dismissed. If Walker accepted the offer, he would face a 30 year prison sentence.

Walker told Judge Demeo he was rejecting the offer and was requesting a trial date be set for both cases.

His defense attorney also said the defendant is planning on waiving his jury trial rights in the coming weeks. If the judge accepts this, his trial will not be heard by a jury.

Walker is expected to be tried for the 2019 case in September.

A January 2024 trial date was set for his 2020 case.

Judge Gives Defendant Permission to Contact Her Children

On March 17, DC Superior Judge Marisa Demeo granted modifications to a stay away order that separated a mother from her children.

Latasha Gray, 35, is being charged with second-degree murder while armed for allegedly shooting Anthony Thomas, 40, in the presence of their children on Feb. 6 on the 4200 block of 7th Street, SE. Thomas succumbed to his injuries on Feb. 7.

According to the judge, the court had received notice that Gray had been in violation of her stay away order due to a misunderstanding between the defendant and her mother. Gray’s mother accidentally put her on speaker phone when they were on a call and her children were present.

Gray’s defense attorney asked for the stay away order to be modified, so that the defendant is able to speak with and see her children.

Judge Demeo said the defendant can now speak with her children and have them visit her at DC Jail, but she is not allowed to harass, assault, threaten or stalk the kids. Gray is also prohibited from discussing the case with her children.

The defendant is expected back in court on April 24 for a felony status conference.

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