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.

Defense, Prosecutors Spar Over Evidence in Double Homicide Case

The validity of an Instagram photo was debated at a hearing before DC Superior Court Judge Maribeth Raffinan March 17. The prosecution introduced a social media post suggesting that murder suspect Amarii Fontanelle, age 20, might have violated the conditions of his pretrial release.

Fontanelle is charged with first-degree murder while armed for allegedly shooting 19-year-old Reginald Lamont Cooper, Jr. and 19-year-old Davonte Berkley on Oct. 17, 2022 on the 1300 block of Congress Street, SE. He is also accused of shooting a third victim, who ultimately survived.

The prosecutor said she had obtained an Instagram post that appeared to show Fontanelle in the Congress Park neighborhood where his girlfriend lives the day after his release–an apparent violation.

Fontanelle’s attorney Kevin Mosley objected, saying he should have seen the photo in advance and called the move an “ambush tactic” intended to impugn Fontanelle’s character.

However, the prosecutor argued the photo was a “concern for the government,” and that more time was needed to determine its authenticity.

A court official monitoring Fontanelle says she hasn’t seen any issues since his February release.

Mosley asked that Fontanelle’s pretrial release be modified, so he could live with his maternal aunt and that the order to “stay away” from his former girlfriend’s neighborhood be lifted.

He said Fontanelle is drug free and even participating in a mentorship program.

Judge Raffinan told Fontanelle that he was “doing what he needed to do,” and could move in with his aunt but refused to lift the stay away order.

The next hearing in the case is set for April 24 at 10 a.m.

Defendant Waives Right to Independent DNA Testing in Mass Shooting Case

On March 16, a defendant charged for a multi-victim non-fatal shooting waived his right to have DNA evidence tested at a laboratory of his choice.

Ronell Offutt, 34, allegedly shot at multiple people at a bus stop in Southeast DC on Feb. 4, 2019, injuring five individuals, including a 5-year-old girl. All victims recovered from their injuries.

DC Superior Court Judge Maribeth Raffinan advised the defendant that he had the right to go through with independent DNA testing for evidence that the prosecution had acquired for the case.

The defendant alerted the judge that, after consideration, he was waiving his right to independent testing.

According to court documents, on Feb. 4, 2019, there were eight to ten gunshots at a bus stop on the 2300 block of Pennsylvania Avenue, SE. Allegedly, Offutt had gone to the bus stop seeking retaliation from four males who had attacked him and his family earlier in the day.

In the court documents, the officer noted that whatever the altercation was had possibly not ended and decided to take a picture of the individual that was later identified as the alleged shooter. The individual in the image was identified as Offutt.

Counsel for both parties agreed on an April 2024 trial date.

They’re expected back in court for a status hearing on Sept. 13.

Defendant Sentenced to 48 Months in Domestic Violence Case After an ‘Extremely Dangerous Offense’

During the sentencing hearing of Joseph Lewis, DC Superior Court Judge Lynn Leibovitz sentenced him to 48 months of incarceration followed by 3 years of supervised release.

According to sentencing guidelines, Lewis could have received at least 180 days in prison or up to ten years.

Lewis pleaded guilty to both his original charges, including one count of assault with a dangerous weapon and possession of a firearm during a crime of violence.

The sentence was imposed after Lewis accepted a plea deal in January.

He was sentenced to 24 months for each count. The sentences are set to be served concurrently.

At the sentencing, the prosecution read a victim impact statement on behalf of the defendant’s wife who could not be in person due to medical reasons.

“I want to see Lewis get mental health and drug abuse treatment,” the wife said in her statement.

Although the prosecutor agreed with the treatment, a jail term was also requested.

“This is a simple case with simple facts: this offense is extremely dangerous,” the prosecutor said. She requested the defendant receive a 48-month sentence in prison.

Defense attorney Steven Logerfo responded to the prosecution’s request of putting Lewis in mental health treatment, stating he has already been transferred to the Correctional Treatment Facility (CTF) at the DC Jail.

He argued that the passing of Lewis’ father led to his compliance with the case, explaining that while the mental health treatment recommendation is appropriate, the sentencing is not.

Lewis did not wish to speak.

Judge Leibovitz said she believes Lewis does have untreated mental health issues, he took drugs at the time of the crime and should have rectified his behaviors due to how old he is.

Based on these factors, she believes Lewis is extremely dangerous to those around him, especially in his personal life.

In addition to the sentence, Lewis has to register as a gun offender as well as contribute $200 to the Victims of Violent Crime Fund.

Prosecution Retracts Holding Request in Sex Abuse Case

During a preliminary hearing on March 17, DC Superior Court Judge Shelly Mulkey granted a defendant’s release in a sexual abuse case.

The defendant, 33, is charged with assault with intent to commit third-degree sex abuse and assault with a dangerous weapon against a victim. The events allegedly occurred on March 15 on the 3300 block of Dubois Place, SE.

During court, defense attorney Hannah Claudio requested a continuance for the preliminary hearing and the release of the defendant.

The prosecutor did not oppose the defendant’s release with GPS monitoring.

Judge Mulkey also granted the request for a continuance of the hearing.

Court documents state that the defendant had been sleeping on the victim’s coach, when he woke up in the middle of the night and approached the victim’s bedroom.

The defendant accused the victim of sleeping with somebody and allegedly beat her with the end of a handgun and grabbed her vagina, according to court documents.

The defendant and the victim have children together.

The parties are scheduled to return April 4 for a preliminary hearing.

Witness in Homicide Trial Admits to Lying to Detectives

The defense in a homicide trial continued their cross-examination of a witness who stole the vehicle allegedly used in a drive-by shooting that killed a 10-year-old girl.

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 10-year-old Makiyah Wilson. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018.

In a March 16 hearing, the witness admitted to lying to Metropolitan Police Department (MPD) detectives when questioned about carjacking the vehicle allegedly used in the drive-by.

The witness’s initial testimony during the prosecution’s direct examination on March 14 was that he “plead the 5th” and didn’t answer the detective’s questions during his interviews. However, using transcripts of the witness’s MPD interviews and Grand Jury testimony, the defense counsel refreshed the witness’s memory several times during the hearing.

Through his cross-examination, Jonathan Zucker, defense attorney for Taylor, revealed that the witness had answered questions about the carjacking by denying the detective’s accusations and lying repeatedly. He claimed to have no connection to stealing or selling the car, Zucker said.

According to the interview transcript, the detectives told the witness that police found his fingerprints and DNA in the car. The victim of the carjacking also identified the witness as the man who assaulted her and stole her car.

The witness said he couldn’t recall if the detectives had outright accused him of being involved with Wilson’s murder. However, detectives did ask that if he had done it, wouldn’t he want to push the blame off on someone else?

He responded, “Well wouldn’t you?”

The defense is scheduled to continue their cross-examination on March 20, when the trial is slated to continue.

Case Acquitted: Defendant Argues Self Defense After Sharing His Childhood of Gun Violence in Homicide Case

Sutton was acquitted of murder and possession of a firearm during a crime of violence on March 23, 2023.

During trial on March 16, the defense called Kaevon Sutton to the stand to further their argument for self defense.

Sutton, 21, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or place of business in relation to the shooting of Aujee Tyler. Sutton allegedly shot Tyler, 22, after an altercation on March 19, 2018, on the 3500 block of Stanton Road, SE.

On Thursday, Sutton’s defense attorney, Jessica Willis, began her questioning by having Sutton give a recount of the events that followed up to the death of Tyler in 2018.

According to his testimony, Sutton had been driving a stolen vehicle when Tyler approached him and asked that he sell him the bumper to the vehicle to replace the damaged bumper of his own car. When Sutton declined, Tyler grew increasingly angry.

Sutton said he fled the area despite a lack of threats or weapons during the altercation.

A few weeks later, Sutton said he and “Quick,” Tyler’s alias, had gotten into another argument about the bumper, so he left the area again to avoid further argument.

When he had returned, Sutton said Tyler approached him with what appeared to be a gun. He said he proceeded to pull out his gun after Tyler threatened him.

“I’ll kill your little ass and take everything,” Tyler allegedly stated.

Sutton then testified that after Tyler began reaching for his own weapon, he fired his gun, killing Tyler.

Willis then questioned Sutton about his relationship with Tyler before the incident, to which he explained that he had grown up in the same neighborhood with Tyler. The two had been around each other frequently but had never established any kind of relationship.

Sutton also testified that a previous witness’ testimony about their friendship and how they were together everyday was incorrect.

The same witness also stated that he and Tyler had started a mentorship program together and that Tyler had taken Sutton in as his mentee. Sutton also denied this testimony.

The witness’ testimony was discussed further when Sutton explained that the previous assertion, that Tyler’s gun was a prop, was incorrect. He said Tyler had brandished his gun at a hangout spot often used for illegal activity on multiple occasions.

Willis also had Sutton explain his previous experience with gun violence.

Sutton said he experienced frequent shootings since the age of nine and witnessed the shooting of a man from his neighborhood. He also said that, at the age of 14 or 15, he was in a crowd that was shot at during a drive-by.

Throughout Sutton’s testimony, tension was increasingly high as the prosecution objected multiple times on the basis of leading the witness, causing a narrative, and hearsay.

On a few occasions, the family of the victim verbally agreed, from the audience, with the prosecution’s objections.

After returning from lunch, DC Superior Court Judge Michael Ryan vacated the trial because a juror was lost to a family emergency.

The trial is set to resume on March 20.

Defendant Accepts Guilty Plea

A sexual assault defendant is looking to face between 12-19 years in prison after accepting a plea deal from the prosecution on March 15.

The 36-year-old defendant was charged with three counts of first-degree child sex abuse, one count of second-degree child sex abuse, and one count of misdemeanor sexual abuse. The three underage complainants were forced to engage in sexual activity with the defendant. The offense occurred between the years 2016 to November 2021 on the 1200 block of North Capitol Street, NW.

In exchange for pleading guilty to one count of first-degree child sex abuse, one count of second-degree child sex abuse, and one count of misdemeanor sexual abuse the prosecution woulddismiss any remaining counts of the complainants.

The defendant is slated for sentencing on June 16.

Family Members of Murder Victim Testify in Trial

An emotional second day of trial ensued as the prosecution called witnesses close to the victim.

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 allegedly 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.

On March 15, Harris’ dad said his house was the “go-to” house in the neighborhood. There was always someone there and he was typically helping someone work on their car, he said.

He told the jury that the relationship between neighbors was more of a familial relationship than it was friendship; they all looked after one another.

That was no different with Kearney. Growing up, he was one of Harris’ best friends; he even used to call Harris’ dad “pops”.

When asked to identify the individual he was talking about in court, Harris’ dad pointed out the defendant.

The dad explained that as Harris started to grow up, he realized he had responsibilities and needed to prioritize his life when he had kids. He started to drift away from a lot of people, and this may have upset Kearney, the dad said.

During cross examination, Kearney’s defense attorney, Michael Madden, questioned Harris’ dad regarding an incident with the defendant where the father showed up to the defendant’s house after the shooting and screamed at him. Harris’ dad explained that he was extremely upset after his son’s passing, and he wanted Kearney to own up to it.

The victim’s brother was also called to testify. Both witnesses talked about the last time they saw Harris, saying he was extremely anxious and holding back from exploding.

The victim’s brother said he hadn’t grown up with Harris because he lived with his mom in Pennsylvania. When he moved to DC he said he moved in with Harris and was able to make up for lost time from their childhood.

He explained that when he first met Kearney, he was told to refer to him as his cousin, so he treated him like any other family member.

According to the witness, a month before his brother’s shooting, the defendant aggressively approached him regarding “his cut” for merchandise that was being sold for the witness’ podcast. The incident never became physical, but the brother said people around the neighborhood knew it had happened.

He said he didn’t know if the two incidents were connected to one another.

Trial is slated to resume March 16.

Judge Grants Defense Time to Review Evidence Against Three Suspects in Murder Case

DC Superior Court Judge Michael O’Keefe agreed on March 16 that defense attorneys representing three murder suspects should have more time to prepare their case.

Daivion Williams, 23, is charged with murder while armed, conspiracy, attempt to commit robbery, while armed, possession of a firearm while committing a crime of violence, murder while armed with aggravated circumstances, possession of a firearm during a crime of violence and carrying a pistol without a license.

Dijon Williams, 24, faces charges of murder while armed, an attempt to commit robbery while armed, possession of a firearm during a crime of violence, murder with aggravated circumstances and carrying a pistol without a license.

Steven Washington, 23, the other suspect in the case, is accused of conspiracy, attempted robbery while armed, possession of a firearm during a crime of violence, murder with aggravated circumstances, possession of a firearm during a crime of violence and carrying a pistol without a license.

All three defendant’s are being charged in the murder of 30-year-old Nurudeen Thomas on the 1400 block of 14th Street NW on July 21, 2020.

Veronice Holt, defense attorney for Steven Washington, said she needs additional pre-trial time to review prosecution reports including GPS and phone records.

Judge O’Keefe granted the request and set Sept. 15 for an evidentiary hearing in the case. A trial date was set for April 22, 2024.

Judge Grants Delay in Grand Jury Indictments for 2 Murder Suspects

In spite of defense lawyer objections, DC Superior Court Judge Michael O’Keefe granted a prosecution request for more time to prepare Grand Jury indictments against two murder suspects.

Seaun McDowney and Maurice Williams are both charged with murder while armed for their alleged 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.

Roderick Thompson, a lawyer for McDowney, said prosecutors already had enough time to meet the nine month filing deadline. Thompson said the prosecution needed good cause to extend beyond a broken sprinkler and subsequent flooding that hindered Grand Jury proceedings.

He argued the prosecution should get its “ducks in a row” rather than “waiting until the last minute.”

In ruling for the prosecution, Judge O’Keefe noted the flooding did shut down the Grand Jury proceedings and that the prosecution has been “diligently pursuing” the case.

Given the circumstances, Judge O’Keefe granted a 30-day continuance with the caveat that he would be disinclined to extend the deadline further.

The judge also denied a defense request to release McDowney before the trial on the grounds he could pose a danger to the community and is a potential flight risk.

The next hearing in the case is scheduled for April 14 at 9:00 a.m.

Witness Testifies About Stolen Vehicle Used in Drive-By Shooting

A man charged with stealing the vehicle used in a drive-by shooting testified before the jury in a five-year-old homicide case.

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 vehicle used in the shooting that killed Wilson was a black Toyota Infiniti with the bumper missing. The witness is charged with carjacking in connection with a July 1, 2018, incident in which a woman was attacked, and the assailants stole her black Toyota Infiniti with a missing bumper.

The witness used the vehicle as personal transportation. He replaced the missing bumper with a different one from his brother’s black Infiniti that was recently totaled. However, the replacement bumper would detach.

After the bumper fell off in front of police, and the witness was forced to walk back and get it, he decided to sell the car. He said he had multiple conversations with a close friend to decide what to do with the car.

The witness gave the keys to his close friend. The friend took the car, returned later, and gave the witness $125 for the car. Approximately one month later, the witness was arrested for the carjacking.

Between the witness selling the car and his arrest for the carjacking, the same car was allegedly used to conduct the drive-by shooting that killed Wilson.

Metropolitan Police Department (MPD) detectives assigned to the case interviewed the witness after his arrest in August of 2018. According to the interview transcript, the detectives told him that they wanted to talk about the car, which had his DNA in it.

The detectives also disclosed to the witness that there were rumors going around regarding his involvement in the shooting, and that Clay Terrace was planning to retaliate. The detectives told him “The way they’re plotting over there, you have no chance,” according to the interview transcript.

The defense was unable to complete their cross-examination, so all parties are scheduled to reconvene on March 16 to continue questioning the witness.

Judge Denies Acquittal Motion in Haltiwanger Murder Trial

DC Superior Court Judge Rainey Brandt dismissed an acquittal motion in the murder trial of Shaka Haltiwanger on March 15 setting the stage for the defendant to testify on his own behalf.

Haltiwanger, 23, is charged with second-degree murder while armed, possession of a firearm during a crime of violence while armed, possession of a large capacity ammunition feeding device while armed, and carrying a pistol without a license outside a home or business.

Prosecutors rested their case Wednesday, and the jury is expected to begin deliberations on Monday. However, Haltiwanger’s attorney, Wole Falodun, said his client wants to explain what happened first.

Haltimanger said he acted in self-defense.

In her ruling Judge Brandt said the evidence presented by the prosecutors shows Haltiwanger murdered Kelly. She noted that in addition to physical and DNA evidence linking Haltiwanger to the Sept. 10, 2021, shooting of Anthony Kelly, an eyewitness said, “She saw Mr. Haliwanger shoot Mr. Kelly.”

“Mr. Haltiwanger acted in disregard of extreme risk of injury” to Kelly, Brandt said

According to court documents, the incident began as an argument between Haltiwanger and Kelly in an apartment on the 1400 block of 29th Street, SE. In the ensuing struggle prosecutors say Haltiwanger pulled a pistol out of his backpack and shot Kelly. The victim died on the scene from a single bullet wound in the back.

In the trial’s morning session, a deputy medical examiner from the District of Columbia used graphic photos of Kelly’s body to describe the extent of his fatal injuries. Testifying for the prosecution, the medical examiner showed a picture of a bullet hole in Kelly’s back where the bullet entered and a larger exit wound on his chest. The medical examiner said Kelly died from massive blood loss as the bullet pierced his heart and lungs.

Falodon pressed the medical examiner about whether she could say exactly how close the shooter was to the victim based on bullet residue on the body. The witness said the fatal shot was probably fired from at least three feet away.

Falondun also noted that the autopsy report incorrectly identified the location of a bruise on Kelly’s arm. The witness said the error was a “typo” that was corrected in a later report.

Case Acquitted: Victim’s Wife Testifies About the Day the Father of Her Children was Killed

Sutton was acquitted of murder and possession of a firearm during a crime of violence on March 23, 2023.

The prosecution called their last three witnesses in a murder trial, including the victim’s wife to convince the jury the defendant was guilty before resting their case.

Kaevon Sutton, 21, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or place of business in connection to the shooting of Aujee Tyler, 22. The shooting occurred on March 19, 2018, on the 3500 block of Stanton Road, SE.

On March 15, Tyler’s wife stated that Sutton spent most of his time with Tyler. The witness said a few days before the shooting she was in the car with Tyler when he had a conversation with the defendant. She stated that Tyler asked Sutton and his other friend to give him a tire bumper because the bumper on his car was broken.

According to the witness’s testimony, the car Sutton and his friend had was stolen and it was the same model and color as her and Tyler’s car.

The witness also said Sutton refused to give Tyler the bumper and as a result, the victim got mad and threatened Sutton with calling the police.

According to the witness, Sutton said, “ it does not matter, that’s my shit”.

During her testimony, the witness stated that the day after the argument she saw Sutton hanging out with Tyler in the car while she was with her husband on FaceTime. She also said that she did not see them argue about the pumper again.

When the witness was asked about how she found out about her husband, her testimony in front of the Grand Jury was different from her testimony during her interview with the detective a few days after the shooting.

The witness said she lied back then to save Tyler’s friends who moved him to the hospital because they were scared of getting in trouble for messing with the crime scene.

Defense attorney Jessica Wills questioned the witness about her different testimonies multiple times. Out of frustration, the witness started to talk when there was no question.

DC Superior Court Judge Michael Ryan had to tell her that she needs to stay quiet until there is a question asked.

The trial is scheduled to resume on March 16.

Witness Demonstrates How Gun Works in Murder Trial

During a trial on March 14, one of the witnesses demonstrated how a gun works in front of the jury.

Shaka Haltiwanger, 23, is charged with second-degree murder while armed, possession of a firearm during a crime of violence while armed, possession a large capacity ammunition feeding device while armed, and carrying a pistol without a license outside a home or business for allegedly shooting Anthony Kelly, 39, in the back on Sept. 10, 2021, on the 1400 block of 29th Street, SE.

Court documents say that Haltiwanger allegedly shot Kelly in the back after the defendant and the victim argued over Haltiwanger selling Kelly’s father drugs.

The first witness, a criminal scientist that specializes in firearms and cartridge cases, explained the different types of weapons and also bullets and cartridges. He discussed how cartridges are identified and how they look once a bullet is shot from a gun.

The prosecutor handed the witness the murder weapon and asked him to explain the parts in front of the jury.

Additionally, the prosecutor handed him a 50-round magazine that holds the bullets and asked him to insert it into the firearm.

Another witness, who works in the Firearm Registration Branch of the Metropolitan Police Department (MPD), testified that neither Haltiwanger or Kelly were registered for possessing firearms. The men have never been registered to possess a firearm in the District of Columbia.

DC Superior Court Judge Rainey Brandt presided over the trial.

The trial is set to continue tomorrow on March 15.

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