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Defense Still Waits for Prosecution’s Test Results Following DNA Abnormalities

Regarding abnormalities found in the prosecution’s DNA test in late November of last year, counsel discussed when the prosecution would be able to provide the defense with test result on DNA evidence.

Samuel Mack, 57, is charged with second-degree murder while armed for allegedly shooting 35-year-old Erica Ward in an apartment on the 4700 block of Benning Road, SE on Dec. 30, 2020. According to court documents, the two used to be in a relationship and began arguing the night after Mack brought their son over to visit. Mack was apprehended that same night. He was released under the High-Intensity Supervision Program (HISP) the following March. He is not permitted to leave home from 9 p.m. to 6 a.m.  

During the Momday’s status hearing, two prosecutors said they were unsure what went wrong during the initial DNA testing and are hoping to receive the new results by the end of May to send over to the defense.

 DC Superior Court Judge Michael O’keefe asked the prosecutors where they retrieved the DNA from in the case.

The prosecutor responded and said that DNA was taken on clothes, the firearm that was used in the homicide, and the gun’s magazine. 

The next status hearing is set for May 19.

The jury trial is scheduled for June 3, 2024.

Document: Homicide on 11th Street, SE

Officers with the Metropolitan Police Department are investigating a homicide that took place on March 12 on the 500 block of 11th Street, SE.

According to a press release, three men were shot in a car. Two of the victims, 34-year-old Othaniel Gaither and another individual, whose identity has not been released, succumbed to their injuries.

The third individual sustained non-life threatening gunshot wounds.

Judge Gives More Time for Testing

During a March 8 status hearing, a defense attorney asked for more time to retest DNA evidence in a murder case.

Jacobi Williams, 35, is charged with first-degree murder, armed carjacking, assault with intent to kill, and three counts of possession of a firearm during a crime of violence all while on release in connection with the alleged shooting of Phillip Roache, 38, on Sept. 17, 2022, on the 7000 block of 5th Street NW.

In court, prosecutors were ready to move forward with the hearing as they have already gathered the DNA evidence in the case.

DC Superior Court Judge Robert Okun allowed the defense to have more time to finish retesting DNA evidence. 

All parties are scheduled to reconvene on May 16.

Document: Police Search for Vehicle Connected to Gun Assault

The Metropolitan Police Department is asking the public for assistance in locating a vehicle that was connected to a gun assault on March 13. The assault occurred on the 2200 block of 14th Street, SE.

According to a press release, police responded to reports of a shooting at the location, but no victims were found. Shortly after a juvenile wen to a local hospital for treatment for a non-life threatening gunshot wound.

Status Hearing Set to Continue in June 

During a status hearing on March 13, DC Superior Court Judge Anthony Epstein scheduled another status hearing in June former the defendant to decide whether he wants to conduct independent DNA testing.

Jarvis Jackson, 42, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm due to a prior conviction for allegedly shooting Deont’e Minor, 23, on March 20, 2021, on the 1200 block of Southern Avenue, SE.

On Monday, counsel agreed that they would need more time for the defendant to decide if he wants to conduct independent DNA testing.

The parties are scheduled to return for a status hearing on June 2.

Case Set to Continue in Federal Court

On March 13, DC Superior Court Judge Anthony Epstein granted the prosecution’s motion to dismiss a case because the defendant will be tried in Federal Court.

Reginald English, 50, was charged with second-degree murder while armed for allegedly shooting Christine Chase, 48, on May 13, 2022, and another victim on the 1200 block of Raum Street, NE. 

During court Monday, the prosecutor stated a motion to dismiss the case due to English having federal charges. 

Judge Epstein accepted the motion and confirmed whether or not there was a federal arrest warrant for English.

According to court documents, English had a relationship with Chase and the two were together the night of her murder. 

The case is set to continue in federal court.

Individual Charged with Second-Degree Murder After Victim Dies Due to Complications 

During a hearing on March 13, the prosecution informed DC Superior Court Judge Michael O’Keefe of an investigation regarding the defendant’s possible connection to another shooting in 2022. 

Riley Benjamin, 32, is charged in connection to a shooting that occurred at the 3000 block of Bladensburg Road, NE, on Feb. 19, 2022. Maurice McRae, 31, endured a gunshot to his back. He succumbed to his injuries on April 27, 2022. 

Metropolitan Police Department (MPD) officers responded to the scene and found McRae lying on the hallway floor of the apartment building. According to MPD documents, McRae told officers that he had been shot by an unknown individual as he was exiting the elevator. 

McRae was left paralyzed after the shooting, and, according to the medical examiner, passed away due to complications from a projectile being stuck next to his spinal cord. 

Benjamin was taken into custody in June of 2022, and is awaiting an indictment. 

Additionally, the prosecution alerted the judge of current negotiations for a plea deal, yet no offer has been officially made. 

A felony status conference hearing is scheduled for May 9. 

Juror Calls-in Sick and Delays Trial

During a March 9 jury trial, DC Superior Court Judge Robert Okun informed the court that his office received a note from a juror that would prohibit witness testimony.

Gregory Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 23, 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.

According to Judge Okun, the juror sent a message just minutes before and said they fell ill at the bus stop and would not be able to make their way to court.

The judge’s clerk attempted multiple times to contact the juror via phone call, text message, and email, but there was no response. 

Due to the absence of the juror, Judge Okun ruled that witness testimony would not proceed and the jury was to be excused for the day. 

So as to not let the day go to waste, legal parties were allowed to discuss pressing preliminary matters. All parties partook in hours worth of debate regarding the introduction of various evidentiary items. 

The items in question included photos collected from different associated Instagram accounts, more than six videos from related events, and other recorded conversations that occurred over social media. 

Defense attorneys took turns objecting to the inclusion of particular exhibits and argued that their prospective client wasn’t involved in the alleged conspiracies held over social media.

Regardless of their objections to the matter, Judge Okun admitted much of the evidence with few redacted edits.  This evidence will be entered into the prosecution’s exhibits and used during witness testimony once it resumes. 

The jury reconvened for trial on March 13 at 10:30 a.m.

Document: Officer Involved Shooting on Mellon Street, SE

The Metropolitan Police Department’s Internal Affairs Bureau is investigating an officer shooting on March 4 on the 400 block of Mellon Street SE.

According to a press release, a shooting occurred in the alley. No one was injured, but an individual who his suspected of firing the first shots was also not apprehended.

Document: Police Search for Vehicle Connected to Shooting on Jasper Road, SE

Detectives from the Metropolitan Police Department (MPD) are asking for the public’s assistance in finding a vehicle connected to a shooting on March 4.

According to the press release, a male victim walked into a DC Fire and EMS station with gunshot wounds, shortly after officers responded to reports of gunshots on the 2800 block of Jasper Road, SE.

Document: Police Arrest Suspect for Non-fatal Shooting

On March 10, officers from the Metropolitan Police Department (MPD) arrested 19-year-old Alex Barry, charging him with assault with a dangerous weapon.

According to a press release, Barry allegedly shot a female victim on the 700 block of O Street, NW.

Witness Identifies Defendant During Trial

On March 9, a woman, who allegedly witnessed a murder, identified the defendant in open court. 

Shaka Haltiwanger, 23, is charged with second-degree murder while armed for allegedly shooting Anthony Kelly, 39, on Sept. 10, 2021, on the 1400 block of 29th Street, SE. 

The victim’s neighbor, who said she was was closer with Kelly, testified that she had seen Haltiwanger following Kelly down the hall following a confrontation that had been heard by several neighbors.

When the men reached her by the steps at the front entrance of the building, she said she watched Haltiwanger shoot Kelly in the back. 

She stated that as soon as she saw Kelly hit the ground, she looked at Haltiwanger and said “damn, you just shot him.” According to the witness, Haltiwanger then began to run out of the building.

The witness also told the jury that the defendant looked back at her when leaving, making her nervous of future retaliation for witnessing the murder. 

When asked if she knew the defendant and the victim, she said yes. She said she knew Kelly better due to his close relationship with her daughter and her close relationship with his father. She explained she knew Haltiwanger, who she called “40”, because she used to buy crack from him. 

According to the witness, she received several calls from an unknown caller days before her testimony to the Grand Jury, which made her believe that Haltiwanger was trying to reach out to her. She stated she did not answer any of the calls out of fear. 

During cross examination, defense attorney Wole Falodun, questioned her ability to recall what happened the day of the shooting since she had been using crack with Kelly’s father at around 3 a.m. 

As trial for the murder continued, the prosecution called other witnesses to help the jury understand what happened on the day of the incident. 

The man who called 911 after the shooting testified that he did not remember much of the incident due to some health issues he’s been having, but he said, before the Grand Jury, that he had better recollection of what happened at that time. 

The jury heard a recording of his 911 call. During the call, the witness sounded like he was in distress, begging the dispatcher to send some help and telling people surrounding him to stop pulling on the victim. 

Trial is slated to resume on March 13. 

Counsel Gives Opening Statements in Day One of Murder Trial

On day one of a jury trial, counsel gave their opening statements as the prosecution called four witnesses in murder case on March 8.

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. 

The trial started with calling one of the jurors to the stand because her boss allegedly threatened to fire her because of missing work.

In response to the juror’s predicament, DC Superior Court Judge Rainey Brandt called her manager and spoke to him over the phone. She explained that the juror could not be fired for attending jury duty. The manager, however, insisted that her job was not in jeopardy.

During the prosecutor’s opening argument, he described how Kelly had been shot in the back and was unarmed. He furthered his point by saying that Haltiwanger was at the apartment to sell drugs to Kelly’s father. 

The defense began their argument by appealing to Haltiwanger’s troubled past and presenting the idea of self-defense.

Defense attorney Wole Falodun said Haltiwanger started selling drugs at a young age to provide for him and his sister. 

Falodun also said that Kelly flashed a gun at Haltiwanger and even threatened to kill him. He continued by explaining that Kelly’s Blood Alcohol Concentration (BAC) was 0.29, which is almost four times the legal limit. 

The prosecution’s first witness, who was the first responding officer on the scene, said he saw Kelly laying on the floor of the lobby with blood on the ground. This was all corroborated with body camera footage that the officer was wearing during his investigation. 

The prosecutor showed the officer numerous pictures of the bullet wound and also a bullet fragment on the ground near the body.

Kelly’s mother explained that she never saw Kelly with a gun and that he did not have any violent tendencies. 

Kelly’s ex- partner, who had known him since 2008, also said she too never saw Kelly with a firearm, and that he did drink. She said that alcohol made Kelly sad or happy, but never violent. 

The final witness, Kelly’s father, who has a speech impediment due to a stroke he suffered a few years ago, explained that Kelly had moved in with him after the stroke. He said Kelly stayed with him for a couple of years but moved out shortly before the incident.

The father stated that he and another woman purchased crack cocaine from Haltiwanger the morning of the shooting, and that the defendant slept on his couch. 

He said that he woke up to the sound of shouting and saw Kelly and Haltiwanger having an argument in the living room. He said Kelly shoved Haltiwanger out of the apartment, and followed him down the hallway.

Falodun cross examined the father and confirmed that he never heard Haltiwanger threaten Kelly.

The parties are scheduled to return March 9 to continue the trial.