Defendant Rejects Plea Offer in Sex Abuse Case

During a Feb. 15 hearing, a defendant rejected a plea offer given by the prosecution.

The 30-year-old defendant is charged with first-degree sexual abuse for allegedly raping an adult victim. According to court documents, the defendant met the victim on a dating site a few days before the offense occurred.

On May 27, 2021, the defendant called the victim to hang out, documents state. She agreed at which time he went to her house.

The victim told detectives that as soon as she opened the front door, the defendant brushed past her, grabbed her arm, grabbed her by the throat and slammed her on the bed. He pulled his pants down and forced his penis into her mouth.

On Oct. 1, 2022, the defendant allegedly engaged in another sexual act with another victim in Fairfax County, Virginia. According to court documents, the victim reported that a male forced his way into her hotel room and sexually assaulted her. She stated the male grabbed her by the throat and forcefully pushed her onto the bed and raped her.

If the defendant pleaded guilty to attempted first-degree sexual abuse, the sentence would have resulted in a 51-month incarceration in prison.

In addition, the prosecution said that if the plea deal was accepted, no additional charges would be brought against him.

DC Superior Court Judge Rainey Brandt explained once more if the defendant accepted the offer, the sentence could be approximately 4.5 years in prison, but if the case went to trial, the maximum penalty for a first-degree sexual assault offense is 30-years.

The defendant acknowledged understanding the offer but continued to reject it. He declared that he won’t accept a plea offer unless the prosecution makes a better deal.

The next hearing is scheduled for March 31.

Homicide Witness is Potentially Invoking 5th Amendment Rights

Due to 5th Amendment rights concerns, the prosecution in a homicide case is motioning to admit witness testimony as evidence, but the defense is opposing it.

Terrance Prue, 22, is charged with first-degree murder while armed, three counts of possession of a firearm during a crime of violence, carrying a pistol outside a home or business without a license, and assault with a dangerous weapon in connection with the murder of Bruce Gilmore.

The prosecutor said Feb. 15 that a witness in the case is potentially going to invoke their 5th Amendment rights and will therefore be unavailable to testify during trial.

The prosecution filed a motion to admit this witness’s Grand Jury testimony as evidence to use during trial.

However, defense attorney James King said the witness was aware of their rights before they testified during Prue’s Grand Jury. He said the prosecution has not shared why the witness is pulling back now.

D.C. Superior Court Judge Maribeth Raffinan told King that she needs him to submit a written opposition to the prosecution’s motion before they can continue. If any of the circumstances surrounding this witness change the prosecution has to alert him immediately.

According to court documents, the shooting occurred on June 5, 2019, on the 3500 block of 22nd Street, SE. Metropolitan Police Department (MPD) officers were dispatched to the scene and found Gilmore, 39, with multiple gunshot wounds.

Gilmore was transported to a local hospital, and was later joined by one more victim, a male juvenile with a non-life threatening gunshot wound to his wrist. The male juvenile was treated and released.

All parties are scheduled to reconvene and discuss the motion in question on May 3.

Sex Abuse Defendant Seeks Bureau of Prisons Facility Change

A defendant charged with sexually assaulting three woman expressed discontent with issues he is having with getting placed into a facility that could provide him with mental health treatment.

The 44-year-old defendant allegedly sexually assaulted three women in separate attacks that occurred between 2003 and 2007. The defendant is charged with 22 counts, including assault with the intent to conduct first-degree sexual abuse while armed.

“Just like you said, I am tired too. This is my life,” the defendant said. “I will be getting all parties to send certified letters to the court about my mental issues. I am not about to be sent to a place to sit and die. This is about justice. Equality.”

The defendant was already convicted and sentenced in 2015 in another case. He is currently assigned to the Hazelton Federal Correctional Institution located in West Virginia. He is sentenced there until 2030.

During the Feb. 15 hearing, defense attorney Howard McEachern said he wasn’t able to move past the last hearing’s issues in regard the defendant wanting to be in a facility that will help him with his mental health issues.

McEachern said he spoke with the defendant on two separate occasions after the last hearing and that the defendant is still frustrated that McEachern cannot promise him that he will be going to a facility that’ll help provide him with treatment.

DC Superior Court Judge Rainey Brandt told the defendant that she cannot order placement in a Bureau of Prisons facility, but she could make recommendations. However, even with a recommendation, placement isn’t promised.

“I understand his concerns, I hear him, I just don’t have the power to solve his concerns,” Judge Brandt said.

According to court documents, on July 3, 2003, the defendant allegedly attacked and sexually assaulted a victim in her home. A day later, the defendant allegedly sexually assaulted another victim in a stairwell of her apartment building.

In September of 2007, the defendant allegedly attacked another victim and sexually assaulted her in her apartment building.

He is currently being held in DC on a $5,000 cash bond.

The defendant is also facing charges for first-degree child sex abuse.

The next hearing is scheduled for March 27.

Jurors Selected for Trial on 10 Year Old’s Murder

DC Superior Court Judge Robert Okun scheduled opening statements to begin on Feb. 16 after more than a week of jury selection.

Qujuan Thomas, 24, Quentin Michals, 25, Marquell Cobbs, 21, Darrise Jeffers, 23, Isaiah Murchison, 22, and Gregory Taylor, 26, are 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.

On Feb.15, all parties agreed and finalized the jury selection of 18 jurors who are slated to sit on the three-month-long trial.

Judge Okun advised that the courtroom would be split with the victim’s family on one side and the defense’s family on the other due to previous tension between the two parties.

Sexual Assault Defendant Gets Harassed on Social Media

On Feb. 15, defense attorney Joseph A. Scrofano motioned for a protective order in court due to an unknown individual exposing personal information and evidence of a sexual assault defendant who was getting harassed on social media.

The 44-year-old defendant is charged with second-degree sex abuse. The incident took place inside an apartment located on the 1000 block of 14th Street, SW.

During the status hearing, DC Superior Court Judge Ann Keary explained that the defendant faced harassment on social media due to an unidentified individual exposing his personal information and evidence.

“We now have evidence that there is someone out there who is targeting [my client], his friends, and family online, Scrofano said.

Judge Keary reasoned with the defense, explaining that there needed to be a way in which the defense and prosecution could come to an agreement to remedy the incident.

However, in the event that the agreement does not work out between counsel, the prosecutor needs to file a response to this case.

The next hearing was scheduled for March 16.

Defense Files Motion to Release Assault Defendant from Home Confinement

During a Feb. 15 status hearing, defense attorney Joseph Yarbough moved for his client’s home confinement restrictions to be lifted.

Cedric Brockington, 17, is charged with two counts of assault with intent to commit/kill and one count of possession of a firearm during a crime of violence.

The morning of Wednesday’s hearing, Attorney Yarbough filed a motion for reconsideration and modification to Brockington’s release conditions. During the hearing, the prosecution opposed the defense’s motion for release and said that, “the danger the defendant poses remains substantial.”

However, Yarbough said that DC Superior Court Judge Milton C. Lee did not find substantial probability against the defendant after the case’s preliminary hearing in Nov.ember 2022. Furthermore, according to Yarbough, the defendant is 17 and has never violated his confinement conditions.

“[Brockington] hasn’t stepped out of line and should be in juvenile court,” he said. He enrolled in school online and has been doing it daily and doing it well. He’s proven he’ll do everything the court asks of him.”

Throughout the back-and-forth from the legal parties, the defendant maintained his calm composure and kept his glance straight ahead. His demeanor never faltered.

DC Superior Court Judge Maribeth Raffinan said she needed time to review Judge Lee’s notes before she rules on the defense’s motion. Judge Raffinan told the defendant that his compliance and eagerness to complete high school is a “step in the right direction.”

If the motion is approved, Brockington will be transferred from home surveillance to community supervision.

The next status hearing is scheduled for March 2.

Judge Orders A More Extensive Mental Health Examination for Convicted Child Sex Abuse Defendant

DC Superior Court Judge Maribeth Raffinan ordered a full mental health examination in a child sexual abuse case due to inconclusive preliminary results in a Feb. 15 hearing.

Dennis Morton, 31, pleaded guilty to first-degree child sex abuse on Aug. 25 for a sexual assault involving his 10-year-old niece. The incident occurred on Feb. 27, 2022, on the 900 block of Kennedy Street, NW. Morton is pending sentencing.

Judge Raffinan said the doctor was unable to form an opinion on Morton’s competency, leading the doctor to recommend a more extensive 30-45 day full mental health examination. There were no objections from either party.

Morton accepted a plea agreement with a suggested sentence of 12 years and a stay away order from the victim. Morton also faced domestic violence charges connected to this case, but they were dismissed as a term of the plea agreement.

According to court documents, the victim states that while Morton was at his girlfriend’s residence, he inappropriately touched her, picked her up and brought her into a different room where he engaged in non-consensual sexual activity.

Morton was previously charged with a felony for distribution of a controlled substance. However, on April 7, 2022, he pleaded guilty to possession of a controlled substance, bringing the charges from a felony to a misdemeanor.

April 7 was also the day he was arrested in this case.

A sentencing hearing was scheduled for Feb. 17 but because of the order for extensive examination, the hearing was vacated.

The next hearing is scheduled for March 28 to discuss the full examination results in moving forward with sentencing.

Judge Finds Probable Cause in Murder Case

During a preliminary hearing on Feb. 15, evidence and testimony were presented to find if there is substantial evidence to bring about a homicide trial.

Thirty-one-year-old Julian Ruffin is charged with second-degree murder while armed for allegedly stabbing Alphonso Lee, 38, during an incident on Oct. 7, 2022, on the 1500 block of Butler Street, SE.

DC Superior Court Judge Maribeth Raffinan said that probable cause was found that the defendant could have committed the murder.

A Metropolitan Police Department (MPD) detective who responded to the scene, interviewed witnesses, and spoke to the defendant testified during the Wednesday hearing.

The deective summarized the narrative the defendant told him during his interrogation, all of which were statements consistent with video footage presented in court.

The detective said that Ruffin said that Lee had been sitting on the trunk of his car in the apartment complex parking lot, when he asked him to get off.

Lee refused and the two “had words in the parking lot and agreed this could be settled with a fist fight,” the detective said.

Ruffin then said the Lee punched him in the face and he blacked out. According to the detective, these statements were consistent with the cuts on Ruffin’s face as seen in photos that were shown in court.

During cross-examination, attorney for the defense, Kevin Irving, asked the detective questions regarding the defendant’s testimony during the interrogation.

The detective admitted that what the defendant told him was consistent with the video footage. He also said the defendant was compliant and assisted the police.

The case is currently being held for a Grand Jury.

Another hearing was set for Feb. 16 to discuss whether Ruffin can be placed into the high intensity supervision program (HISP) until the case moves forward.

Appointment of New Counsel Could Push Trial Date to Next Year

During a status hearing on Feb. 15, DC Superior Court Judge Anthony Epstein said he would appoint new counsel for a defendant in murder case, which could get moved to 2024.

D’Aundrey Scott, 28, is charged with first-degree murder, assault with intent to kill, and two counts of arson for allegedly murdering Darryl Finney, 62, and causing three other fires on May 13, 2020, on the 900 block of H Street, NE; on the 1300 block of H Street, NE; on the 1400 block of Morse Street, NE; and the 1300 block of I Street, NE.

Scott allegedly threw a flammable object onto two men including Finney, setting a porch on fire, and also setting a motor vehicle on fire.

He was identified by two witnesses after seeing surveillance footage that was played on a media outlet.

According to court documents, once arrested, Scott said he had Schizophrenia and was possessed by demons.

During Wednesday’s status hearing, Judge Epstein was informed that Scott’s current defense counsel, Roderick Thompson, would be withdrawn from the case due to a conflict of interest with another client. The conflict involved Scott alleging another client with the Public Defender Service (PDS) committed his crimes.

Megan Allburn, an independent attorney who is also counsel on the case, said she would not be able to take over the case due to a large caseload of her own.

Judge Epstein said he would appoint a new attorney for Scott and set a hearing in a couple of weeks to determine if the parties are still prepared for trial on Aug. 14.

The parties are scheduled to return March 17 for a status hearing.

Judge Finds Probable Cause for Double Homicide Case

After a two-day preliminary hearing, a judge found probable cause that the defendant could have committed a double homicide.

Amarii Fontanelle, 19, 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.

Judge Raffinan found probable cause. but she said she was unable to identify a strong probability because of the contradictions in one witness’ testimony, the ambiguity around the number of persons at the time of the shooting, and potential events that might have taken place inside the apartment complex.

During the hearing, that began on Feb. 13, Defense attorney Kevin Mosley asked for his client to be released under the High-Intensity Supervision Program (HISP).

He said the defendant had a traumatic past, citing a traumatic occurrence that happened when Fontanelle was 12 years old. According to Mosley, a 17 year old was involved in an argument with the defendant, who was 12-years-old at the time, and burst into the defendant’s home, shot and killed the defendant’s mother and shot Fontanelle.

He survived the incident but had to receive significant counseling between the ages of 12 and 14.

Judge Raffinan agreed to Fontanelle’s release on home confinement.

The lead detective on the case said the defendant was seen on surveillance footage parking a light colored vehicle and walking into an apartment complex with a witness.

The defendant was allegedly wearing a light colored jacket, light colored jeans, and light colored sneakers. The witness was seen wearing a black sweatshirt, pink sweatpants, and black slides.

Approximately 35 minutes after the suspect arrived, the victims were seen driving into the parking lot outside of the apartment complex, parking a light colored vehicle and then walking into the apartment complex.

The suspect is seen standing at the main entrance of the double doors. Cooper is seen exiting his vehicle and meeting Fontanelle. The two greeted each other with a handshake and were standing at the entrance door.

The suspect then led the two men into the entrance door. The men were inside for almost three minutes before the shooting.

According to the lead detective, shots were seen coming from the suspect in the direction of the two men.

During cross-examination, Mosley questioned the clarity of the image of everyone in the apartment complex at the time of the shooting.

He also stated that no one identified Fontanelle as the shooter.

Mosley also inquired about two eye witnesses who called police and administered medical help to the victims.

One of the witnesses was a young man who was seen walking up to his third floor apartment and returned back to the landing where the two victims were shot a short while after.

Mosley asked if the man was ever questioned about why he went up to his apartment and if he took anything from the scene.

“No,” the detective replied.

Parties are set to reconvene on March 17.

Judge Delivers On Promise by Ruling on Pending Motions

In a Feb. 14 hearing, DC Superior Court Judge Rainey Brandt ruled again to withhold witness testimony in a double homicide case as it prepares for trial next week.

Alphonso Walker, 45, is being charged with two counts of first-degree murder in connection to the death of Dalonte Wilson, 23, and Antone Brown, 44, near the 400 block of 61 Street, NE on April 25, 2018. Walker has been held in the DC Jail since December of 2018.

During the prior hearing on Feb. 13, Judge Brandt told Walker the process was almost over and that he would have his day in court. Most of the rulings in this hearing were for prior motions.

The rulings resulted in the withholding of further witness testimony, including testimony about an incident that allegedly occurred that same day as the shooting that Walker was not being charged with.

Judge Brandt struck the information, ruling it could hinder the jury’s ability to be unbiased.

Defense attorneys Prescott Loveland and Kevann Gardner said they plan on calling one more witness in the next hearing to finish all motions.

All parties are scheduled to reconvene for one more pre-trial hearing on Feb. 16 before Walker’s trial officially commences on Feb. 21, five years after his initial arrest.

Jury Selection Continues A Week After it Began

The jury selection for six co-defendants charged with allegedly shooting a 10-year-old girl is still going on.

Qujuan Thomas, 24, Quentin Michals, 25, Marquell Cobbs, 21, Darrise Jeffers, 23, Isaiah Murchison, 22, and Gregory Taylor, 26, are 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 in connection to the fatal drive-by shooting that killed 10-year-old Makiyah Wilson on July 16, 2018, on the 300 block of 53rd Street, NE.

During the jury selection, which has been ongoing for over a week, more than 60 potential jurors were interviewed by the parties and DC Superior Court Judge Robert Okun.

Jury selection is scheduled to continue on Feb. 15 with opening statements of the trial expected to begin later in the week.

Judge Vacates Trial Date Due to Co-Defendant Requesting New Counsel

DC Superior Court Judge Robert Okun vacated a trial scheduled on March 21 due to one of three co-defendants requesting new counsel.

Raymond Avent, 23, Tyler Stringfield, 24, and Keith Baham, 23, are being held for allegedly murdering Rafiq Hawkins, 23, on March 23, 2019, on the 1200 block of Brentwood Road, NE.

Avent, Baham, and Stringfield are charged with first-degree murder while armed, conspiracy, possession of a firearm during a crime of violence, two counts of carrying a pistol without a license outside a home or business, two counts of possession of a large capacity ammunition feeding device, two counts of possession of an unregistered firearm, two counts of unlawful possession of ammunition, unlawful entry of a motor vehicle, unauthorized use of a vehicle, fleeing a law enforcement officer, destruction of property less than $1000, two counts of destruction of property $1000 or more, and leaving after colliding with property damage or injury to an animal while armed.

Baham is also charged with two counts of unlawful possession of a firearm due to a prior conviction.

During the Feb. 14 status hearing, defense attorney Anne-Marie Moore motioned to withdraw as counsel. Moore said she was unable to maintain a respectful relationship with Baham.

Judge Okun granted the defense’s request to withdraw under the condition that the defense waits until a new counsel is appointed for her to resign.

In an effort to obtain new counsel for Baham, Judge Okun requested that the prosecution provide him with a list of attorneys that would prove themselves to have a conflict of interest.

The most notable of these attorneys worked previously for Dante Hicks, the fourth codefendant in this case.

Hicks was killed on Nov. 25, 2019, before he could stand trial.

Judge Okun also said he was under the impression that a plea deal would be reviewed today to determine whether the defendants accepted or rejected it.

Defense attorney Russell Hairston, who also represented Bahamas, said his client just got word of his plea deal. Hairston requested more time for Baham to look over and consider the proposed deal. During the hearing, no specific terms of the deal were discussed.

There was no contest from the prosecution, and all three plea deals have been extended until the next status hearing.

A status hearing was scheduled for March 20.

Judge Delivers Not Guilty Verdict in Domestic Sex Abuse Case

During a Feb. 13 non jury trial, DC Superior Court Judge Jennifer M. Anderson found the defendant not guilty on all charges.

In 2019 Jeffrey Owens was charged with first-degree sexual abuse and simple assault. The complainant in the case reported that the defendant assaulted her on Aug. 13, 2018, after an argument regarding his infidelity.

During the trial on Feb. 13, both legal parties presented their closing arguments to the court.

The prosecution began by detailing the history of the romantic relationship between the complainant and the defendant. She said that the relationship between the two was “far from perfect” and they’d broken up many times. She added, however, that day was different because the complaint was ready to end the relationship.

The prosecution said Owens was used to the complainant being upset, but now that she was ready to leave him, he didn’t have the same hold on her that he had in the past. She said that this difference in behavior is what led to the assault.

Defense Attorney Jacqueline Cadman agreed with the prosecution that this time was different, but she said this time was different not because the complainant was happy to leave the Owens, but rather because she would frame him for a crime he didn’t commit.

Cadman said that for the court to reject the inconsistencies and lack of evidence in the complainant’s testimony would deny her client a fair trial.

She said the prosecution has not given its case beyond a reasonable doubt,concluding that, based on the record of the court, the prosecution has not met that burden.

After listening to the closing arguments of both parties, Judge Anderson ruled in favor of the defense and agreed that the lack of evidence against the defendant and variation in testimonies from the complainant does not suffice beyond a reasonable doubt.

Upon hearing the verdict, the courtroom filled with Owens’ friends and family erupted in applause.

The defendant himself was silent except for a brief acknowledgment to Judge Anderson, thanking her for her discretion.

He hugged Cadman and embraced his family members before leaving the courthouse for the final time in this case.

Judge Rules to Exclude Witness Testimony in Lieu of Missing Evidence

DC Superior Court Judge Rainey Brandt ruled to exclude two witnesses’ testimonies in regards to missing evidence during a Feb. 13 hearing for a double homicide case.

Defense counsel Prescott Loveland and Kevann Gardner previously filed a motion to dismiss based on missing notes and body-worn camera footage from officers the night of the incident.

Judge Brandt instead ruled to exclude the witnesses captured on the missing footage.

In addition, the lead Metropolitan Police Department (MPD) detective on this case was questioned on another motion filed by the defense concerning interviews the MPD had with Walker. The defense aimed to examine the level of suggestivity and self-incrimination that occurred during the interviews.

A final motion was heard regarding the photo identification of Walker by a witness and whether or not the circumstances surrounding the identification were suggestive.

Judge Brandt gave both parties in this matter multiple warnings in regards to the personal nature of arguments and unnecessary questioning.

She ended the hearing by addressing Walker directly, assuring him that the process is almost over. “You will get rulings from me tomorrow on all of these motions,” she stated before promptly exiting the courtroom.

The next hearing is scheduled for Feb. 14

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