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Defense Prepares Motion to Change Release Conditions in Second-Degree Murder Case

During a Feb. 24 hearing, DC Superior Court Judge Marisa Demeo granted a three-week continuance requested by both the defense and prosecution.

Aaron Murchison, 26, is currently being held at the D.C. Jail without bail on a second-degree murder charge  for his alleged connection to the murder of Jamontate Brown.  

The prosecution requested a three-week continuance in order to sort more information out because there was no new movement in the case. The defense concurred with the continuance. 

During Friday’s hearing, defense attorney Kevann Gardner also said he is planning on filing a motion to modify Murchison’s release conditions.

The defense did not provide evidence of why they are filing the motion to modify release conditions as more details are to come during the next felony status hearing.

Gardner said he spoke with Open City Advocates, a DC based non-profit that works to provide innovative solutions for improving juvenile legal defense, about previous work with Murchison. Gardner said he  hopes to file the motion before the next hearing.

According to court documents, the Metropolitan Police Department (MPD) responded to the 2500 block of Pomeroy Road, SE after hearing gunshots on Oct. 16, 2022. Brown, 32, suffered 11 gunshot wounds to the body. The victim was pronounced dead shortly after EMS responded to the scene. 

Technicians on the scene recovered 80 cartridge casings, four live rounds of ammunition, and 22 fragments from the crime scene.

The next hearing is scheduled for March 17. 

Trial Date Pushed Back in 4 Year Old Homicide Case

Changes to a homicide defendant’s attorney caused delays in setting a trial date during a status hearing on Feb. 24.

Thomas Fields Jr., 37, is being charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, assault with a dangerous weapon, kidnapping while armed, and tampering with physical evidence. He was charged after he allegedly stabbed 24-year-old Marquita Lucas on Aug. 17, 2019, on the 3700 block of Horner Place, SE.

D.C. Superior Court Judge Rainey Brandt suggested that counsel set a new trial date.

However, defense attorney Ronald Resetartis brought up several issues that are preventing the trial from happening anytime soon, including D.C. Superior Court Marisa Demeo, the judge who would be presiding over the trial, having no availability for six months.

Resetartis also said Fields would be receiving a new lawyer because he was leaving the case.

All parties agreed that a new trial date should not be set until the new lawyer was officially assigned to the case.

A status hearing was set for March 31.

Child Sex Abuse Defendant Given a Warning for Failing to Meet His Release Conditions 

A child sexual abuse defendant was given a warning for failing to meet release conditions by DC Superior Court Judge Marisa Demeo during a felony status hearing on Feb. 24.

The defendant is currently facing one charge of second-degree child sex abuse due to an incident on Aug. 18, 2022. The incident occurred on the 1800 block of Anacostia Road, SE. The defendant has been accused of groping and exposing himself to two minors in a shower at a public pool. 

The defendant is currently released on personal recognizance and is being monitored by pretrial services.

A pretrial services representative stated that the defendant failed to meet compliance requirements on Feb. 12 when he did not complete a weekly phone call to check in with an officer. Based on court documents, this is the only case of noncompliance.

During the hearing, the defendant said he had lost his phone on Feb. 11 and was unable to make a call. 

Judge Demeo warned the defendant that regardless of personal situations, the phone call must be completed to maintain his release condition. 

Court documents state that the defendant allegedly caressed one of the boys’ backs and placed his hand beneath his underwear. The defendant then exposed his genitals and started rubbing that area in front of both minors.

The defendant previously rejected a plea offer in October 2022, leading the prosecution to have “exhausted” any circumstances of the case not going to trial. As of Friday, no trial date has been set.

The next hearing is a felony status conference scheduled for April 24, which the prosecution said would likely be converted to an arraignment.  

Case Acquitted: Possibility of Withheld Evidence Continues Jury Selection

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

The jury selection for a murder defendant was continued for Feb. 27 because defense attorney, Jessica Willis, said the prosecution withheld evidence.

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 of a home or business for allegedly shooting 22-year-old Aujee Tyler. The shooting occurred on March 19, 2018, on the 3500 block of Stanton Road, SE. 

During a Feb. 23 hearing, Willis said a portion of the lead detective’s notes were redacted when given to the defense.

She said the portion that was redacted included the notes that said a witness identified “Baby Arc from Potomac Yard” as the actual gunman and that the witness personally recognized “Baby Arc.”

“This is a classic invasion of Brady. There is no way we could investigate ‘Baby Arc’ the day jury selection is set to begin” Willis said.

The prosecutor stated that her and her colleague weren’t originally assigned at the start of this case, so she isn’t sure why there were portions that were redacted. Nevertheless, she said she would contact the detective and ask him to come in.

After an hour-long break, the prosecutor’s attempts at calling the detective failed.

In case the detective is unable to attend in person, she asked DC Superior Court Judge Michael Ryan about the possibility of setting up Webex so the detective could participate remotely.

Judge Ryan gave his approval.

After parties have concluded their discussions on this matter, jury selection is scheduled to begin on Feb. 27.

Defense Files Motion in Relation to Jail Calls

During a Feb. 24 motions hearing, parties discussed the defense’s motion to exclude jail calls between the defendant and his family members.

Jean Kearney is charged with second-degree murder while armed for allegedly shooting 33-year-old Dontra Harris on April 5, 2021, on the 1800 block of 24th Street, NE. Kearney is also being charged with assault on a law enforcement officer while armed. 

There were jail calls on May 16 between the defendant and his sister and on May 17 between the defendant and his mother that the prosecution has as evidence.

Defense attorney, Michael Madden said he would like the phone calls to be excluded.

DC Superior Court Judge Maribeth Raffinan instructed the defense to submit a written motion by March 3 after which she would issue a decision.

The parties are scheduled to return for further discussions on March 9.

Video Evidence Shows Homicide Defendant Participating in Jail Stabbing

On Feb. 24, a judge denied bond to a first-degree murder defendant as a recent video shows him jumping over a table and stabbing another inmate while in D.C. Jail. 

Jermaine Harris, 21, is charged with first-degree murder while armed in connection to the death of 38-year-old Lamar Walters on the 2400 block of Franklin Street, NE, on Jan. 6, 2020. Court documents explain that Walters walked into the Washington Hospital Center suffering from multiple gunshot wounds on his body. He was later pronounced dead.

During Friday’s status hearing, the prosecutor informed the judge that the defense rejected a plea agreement. The agreement was that if the defendant pleaded guilty to one count of first-degree murder while armed for Walter’s murder, Harris would only have spent six to ten years in prison. 

The plea offer also dropped additional charges stemming from a prison stabbing Harris participated in on Jan 6. There is video evidence showing Harris’ involvement. 

Harris rejected the plea agreement offer because he only wants six years. 

Defense attorney Jonathan S. Zucker told the prosecutors that it is “unlikely” for the prosecution to win the trial. Zucker said that in the previous trial, which ultimately ended in a mistrial, a majority of the jurors would have found Harris not guilty. 

However, the prosecution stated that a new jury could come up with a completely different outcome, believing that Harris is ultimately a danger to the community.

“You will never know what you will get with a D.C. jury,” said DC Superior Court Judge Rainey Brandt. Judge Brandt denied bond, stating that Harris action’s in regards to the prison stabbing made him no longer trustworthy.

A jury trial is scheduled for June. 3. 

Document: Suspects Wanted in Connection to a Non-Fatal Shooting

Metropolitan Police Department detectives are asking for the public’s help in locating suspects and a vehicle in connection to a non-fatal shooting that occurred on Feb. 23, on the 1800 block of M Street, NE.

According to a press release, at about 7:58 pm, officers located an adult male suffering from a gunshot wound. The victim was transported to a local hospital for non-life-threatening injuries.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Feb. 23, on the 1800 block of Fredrick Douglass Place, SE.

According to a press release, at about 4:23 pm, officers located 23-year-old Stefon Sampson suffering from apparent gunshot wounds. He was pronounced dead at a local hospital.

Document: Arrest Made in Connection to a Non-Fatal Shooting

Metropolitan Police Department detectives made an arrest in connection to a non-fatal shooting that occurred on Feb. 15, on the 2200 block of Adams Place, NE.

According to a press release, at about 6:39 pm, the suspect approached the victim to discuss the argument they had the previous day. The suspect brandish a weapon and shot the victim then fled the scene.

The victims as transported to a local hospital for treatment of non-life-threatening injuries.

On Feb. 23, 26-year-old Rarxavier Austin was arrested and charged with assault with a dangerous weapon.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Feb. 23, on the 800 block of Chesapeake Street, SE.

According to a press release, at about 10:50 pm, officers located 41-year-old Antonio Woodson suffering from an apparent gunshot wound. He was pronounced dead at the scene.

Officer Testifies to Being Berated By Murder Defendants

A Metropolitan Police Department (MPD) officer testified on day four of a 6 co-defendant murder trial  that he was berated by defendants and other individuals while patrolling the Wellington Park neighborhood.

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

The officer testified that when he was assigned to patrol the Wellington Park area in 2017, he “heard a majority of individuals yelling ‘fuck 12.” According to the witness, that phrase means “fuck the police.” 

He said there has always been tension between the Wellington Park neighborhood members and the officers assigned to patrol the area. 

The testimonies during the Feb. 23 hearing revolved around incidents from 2017 that connected to the defendants’ conspiracy charges, prior to the homicide of 2018. 

Witnesses also testified to evidence from shootings that occurred in 2017, allegedly in connection to the conspiracy charges for the defendants. 

The parties are set to reconvene on Feb. 27 to litigate issues regarding evidence. 

Trial is slated to resume on Feb. 28. 

Witness Says She Was Coerced Into Giving Prosecution Answers

A witness who knows the murder defendants from spending time at a trap house where they frequent resumed her testimony Feb. 22 by refuting statements she previously said during the Grand Jury.

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 Makiyah’s death. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018. 

During Wednesday’s hearing, the witness said she was coerced by the prosecution into giving them answers that they wanted to hear.

As a result, the prosecutor played the witness a series of audio clips from a previous Grand Jury testimony where she said she was not coerced or manipulated into giving her testimony at that time. 

The defense also questioned the witness and clarified that she felt that if she did not give answers that the prosecutor was looking for, then she would be charged with perjury or lying under oath.

The defense later questioned the witness about shootings that would occur between Wellington Park and Clay Terrace. 

In the witness’s previous testimony, the witness said the two groups would go to each other’s parking lot and shoot it up. But, during her testimony in trial, she said she just said that to get on the prosecution’s good side. 

The defense later asked the witness if she was involved with drugs. She said she only smokes marjuana. She said she has been under the influence in all of her court testimonies. The witness continued by saying she has problems with her memory as a result of her marijuana use. 

The prosecution also called a police officer with the MPD who explained that he patrols the 7th district, which is the area of Wellington Park. 

The prosecutor displayed different aerial photographs of the Wellington Park area, and the officer described the difference between the two sections between Pomeroy and Elvans Road, NE. 

Michals’ cousin, who allegedly spent time in the Wellington Park area the day of the Makiyah’s murder, said she saw a group of individuals rapping and dancing after the shooting at Clay Terrace. 

However, she said it was not a party and that it was normal to see individuals in that neighborhood come together to listen to music. 

In court, she identified Michals;  Thomas, whom she had a sexual relationship with in the past, and Cobbs. 

To finish the day, the prosecution called a MPD detective who used to patrol the Wellington Park neighborhood a few years ago. He was able to identify individuals by name in images shown to the court by the prosecution; among those identified were all of the defendants. 

Throughout the series of testimonies, counsel raised their voices in frustration over issues regarding numerous objections and the prosecutor’s inability to speak quietly during private conversations.

Trial was scheduled to  resume on Feb. 23. 

PreTrial Motions Continue as Double Homicide Trial is Delayed

All parties are set to prepare for a month-long wave of pretrial motions for a double homicide case as it inches closer to its newly scheduled trial date.

Alphonso Walker, 45, is being charged with two counts of first-degree murder in connection to the deaths of Dalonte Wilson, 23, and Antone Brown, 44, near the 400 block of 61st Street, NE on April 25, 2018.

The trial was slated to begin on Feb. 23, however, a new witness was disclosed 48 hours prior causing the trial to be rescheduled for April 20.

Instead, D.C. Superior Court Judge Rainey Brandt heard the defense on their motion to suppress tangible evidence and digital data.

Defense attorneys Prescott Loveland and Kevann Gardner argued the a search warrant issued for Walker’s two cell phones was insufficient and did not meet the standards for 4th amendment privacy compliance.

According to D.C. case law, the warrant must specify what evidence the prosecution is seeking to obtain from the phones, why the prosecution believes the device contains said evidence, and establish the period of time of extraction.

In addition, to establish probable cause to conduct the search, Walker’s arrest warrant must also be incorporated and attached to the search warrant itself. 

Gardner argued the prosecution failed to meet all of these standards, calling it a “bare bones” warrant.

The prosecution argued the arrest warrant was referenced in the search warrant, that it established probable cause, and asked the judge to use “common sense inference” to see the warrant as sufficient.

Gardner and Loveland countered by pointing out the arrest warrant was only referenced once, the reference did not use proper incorporation language, and that it still wasn’t attached to the search warrant.

Judge Brandt did not rule on the motion, and requested both sides turn in their arguments in writing by the deadline for motions on March 2, responses are due on March 27.

All parties are scheduled to reconvene on March 31 to “put an end to all these motions” according to Judge Brandt.

Judge Grants New Attorney More Time to Review Case Before Setting a Trial Date

At a felony arraignment on Feb. 23, DC Superior Court Judge Marisa Demeo accepted the defense’s request to wait to set a trial date to allow more time to go over documents. 

DaJuan Bell is charged with first-degree murder premeditated while armed in connection to a shooting on Dec. 10, 2021. Bell, 45, allegedly shot two men on the 2000 block of 14th Street, NE. One of the victims, 34-year-old Davon Childs, succumbed to his injuries. The incident occurred after a dispute over the ownership of a shared apartment.

At Thursday’s hearing, the prosecution requested that a trial date be set. However, defense attorney Michael Mruckheim indicated that he was new to the case and requested that Judge Demeo grant the defense more time for viewing documents before setting a date.

Mruckheim also noted that he had not yet gained access to evidence, causing even further delay in his preparation. 

The prosecution stated that the information had been shared with the defense. However, the prosecution is in the process of re-adding evidence that had been deleted back to the digital database for the defense’s viewing. 

Judge Demeo complied with the defense’s request for more time and did not set the trial date.

At the hearing, Bell was also arraigned on two counts of possession of a firearm during a crime of violence, assault with intent to kill, unlawful possession of a firearm with a prior conviction, and obstruction of justice. 

The next hearing is slated for April 4.

Case Acquitted: Parties Are Now Ready For Trial After Four Years 

This case was acquitted on March 23, 2023.

DC Superior Court Judge Michael Ryan limited the prosecution to using only four to five pictures down from 52 of the 16 victims’ wounds during a motions hearing on Feb. 22. 

Twenty-one-year-old Kaevon Sutton 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 of a home or business for allegedly shooting of Aujee Tyler, 22. The shooting occurred on March 19, 2018, on the 3500 block of Stanton Road SE. 

In court the judge expressed that jurors may feel uneasy about the vivid autopsy photos. He stated that both parties may benefit by using diagrams instead of actual photos. 

On Wednesday, attorneys prepared for the upcoming trial and went through the evidence that would be used from the prosecution’s side along with opening statements 

The prosecution expects to call family members to testify along with the medical examiner. 

The defense objected to the number of family members that are testifying, claiming that it will be repetitive. 

Judge Ryan overruled the objection.

He said that while he understands that repetition might be an issue, he would make that call when it happens during the trial. He stated that the testimonies are all relevant, and he will not be eliminating any before they happen. 

Defense attorneys Terrence Austin and Jessica Willis requested an additional question to be added to the 12 questions during jury selection. The question asks if a potential juror would be affected emotionally by the testimony, which would distract them from allowing Sutton to have a fair trial.

Instead of adding an additional question, Judge Ryan motioned their request into consideration and added the testimony to be a part of another question that  addresses gun violence and the autopsy pictures. 

The prosecution asked if the defense would begin their arguments with self-defense. No final answer was given. 

However, Judge Ryan informed the prosecution that the defense is allowed to start with self-defense based on evidence that was previously given to him 

Jury selection is scheduled to start on Feb. 23.