Judge Grants Motion to Compel Discovery Evidence in Murder Case

During a Dec. 7 status hearing for a homicide case, DC Superior Court Judge Milton Lee granted defense’s motion to compel evidence.

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.

Defense attorney Jason Tulley filed a motion to compel evidence, stating that the prosecution failed to share necessary reports and documents with the defense.

Specifically, Tulley contacted the Blue Plains Auto Impound Lot requesting paperwork about the vehicle where the victim was shot. However, the impound lot denied his request.

“Everything I receive, the defense will receive,” clarified the prosecution.

The defense also requested the victim’s diary and notes from Metropolitan Police Department (MPD) detective interviews.

Additionally, the defense filed a motion to dismiss the case, saying the prosecutor’s delay was a violation of due process.

Defense attorney Hannah Mcelhinny argued that they do not need to present a MPD detective as an expert witness, since his notes reflect his entire understanding of the case.

But, Mcelhinny renounced her argument, agreeing the detective should testify.

Judge Lee set the next status hearing for Jan. 6, 2023.

Document: Homocide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Dec. 5, on the 3200 block of E Street, SE.

According to a press release, at about 10:17 am, officers located 37-year-old Dana Bailey suffering from an apparent gunshot wound.

He was pronounced dead at a local hospital.

Document: Arrest Made in a Homicide

Metropolitan Police Department detectives made an arrest in a homicide that occurred on May 30, on the 1700 block of Rhode Island Avenue, NW.

According to a press release, at about 4:30 am, officers located 29-year-old Christian Gabriel Monje suffering from an apparent gunshot wound.

On June 16, he succumbed to his injuries and was pronounced dead.

On Dec. 6, 28-year-old James Carl Jackson was arrested and charged with first-degree murder while armed – felony murder.

Parties Begin Homicide Trial With Detailed Opening Statements

On Dec. 5, attorneys made their opening statements after DC Superior Court Judge Rainey Brandt swore in 16 jurors for a homicide trial.

Jermaine Harris, 21, is charged with first-degree murder while armed in connection to the fatal shooting of 38-year-old Lamar Walters on the 2400 block of Franklin Street, NE on Jan. 6, 2020.

According to court documents, a member of the Metropolitan Police Department (MPD) responded to the 2400 block of Franklin Street where an adult male was located. The victim was unconscious and not breathing, suffering from apparent gunshot wounds to the body.

Walters was transferred to the Washington Hospital Center where he was later pronounced dead. Two other victims that suffered non-fatal wounds to the body were later identified at the hospital by members of MPD.

Walters autopsy report concluded that he suffered from four gunshot wounds in which two of the bullets were recovered from inside of his body and the other passed through his body.

“Lamar Walters heard more than 70 gunshots as he ran for his life across the street,” the prosecutor said. “He fell to the ground and had to drag himself out of the street to keep from getting hit by the suspects who fled the scene.”

The prosecutor continued, “Harris and three of his friends fired over 70 shots at a Bodega (grocery store). Harris and his friends are from the Landon Park neighborhood and they have ongoing ‘beef’ with the Saratoga neighborhood.”

The prosecutor told the jury that Harris caused Walters death, saying the victim’s father arrived on the scene and watched his son die. “Because of that, he suffers from mental health issues,” the prosecutor said.

According to the prosecution’s theory, the defendant and other suspects drove a white Toyota Camry. The car was linked to several different videos and there were several sets of fingerprints connected.

“A 9-millimeter shell casing was found in the car under the drivers seat that was matched with the casings found on the scene. A laser attachment was also found and a possible DNA sample of Harris on the battery inside of it,” the prosecutor said.

There were no eyewitnesses to the crime.

According to the prosecutor the Toyota Camry the suspects used was towed on Jan. 7 because it had an invalid parking permit and the car was stolen from Maryland.

According to the prosecutor, Harris’ Instagram account indicated that he was at another suspect’s house, loathed in the apartment complex where the car was found.

“We will be calling sergeant from the Metropolitan Police Department who looked over the surveillance from the neighborhood and identified Harris from his walk, hair, and his height,” the prosecutor said.

Defense attorney Jonathan Zucker said the case lacked any evidence.

“I do not fear the prosecutor’s evidence, and it shall lead to my client’s acquittal at the end of the trial. The only thing that I do fear may offend you, but it’s the prejudice in this trial.” Zucker said.

He urged the jury to make clear minded, unbiased decision.

“I believe a man hears what he wants to hear and you should know my colleagues have no witnesses, film, video, or ballistics to prove anything other than a shooting occurred and Walters unfortunately lost his life. Zucker said.

Zucker told the jury that the prosecution would show photos of Harris posing as a gangster with a lot of money and a gun, but those photos of him were never taken at the time of the scene, Zucker said.

“It is impossible someone could have gotten into that car before the shooting,” Zucker said. “There were three people seen in the neighborhood surveillance getting into the white Toyota Camry 45 minutes before the shooting. The prosecutors identified there were four shooters so they had to stop somewhere to retrieve the fourth shooter.”

The prosecution’s first witness, a sergeant for the MPD was called to the scene on Jan. 6.

The officer then assisted with securing the rest of the area. Identifying the evidence on the scene and in the surrounding area.

In a video, Walters is seen, along with the two living victims, standing in front of the Bodega and ducking and running away. The video also displayed Walters falling to the ground then scooting himself out of the street.

The video captured smoke and shadows coming from the side of the Bodega and Walters collapsing.

During cross examination, Zucker got the sergeant to confirm that police were unable to identify anyone as a shooter.

Zucker questioned another the detective about another white Camry entering the street where the suspects Camry was allegedly parked. Zucker wanted to know if they followed up with the car.

The sergeant said police never did.

Walters father identified his son as “a loving child.”

“He was my heart and my soul.,” the victim’s father said. “We did a lot together like monster truck and air shows, picnics… everything.”

Zucker crossed examined and asked questioned about the photo his father displayed of Walters and asked did he have a more recent photo of him. The answer was no.

Zucker also asked if he knew why Walters was at the store that day? The father said he didn’t know why.

The girlfriend and mother of one of the other victim’s children.

The witness said she was in the car when the shooting occurred, and she didn’t know it happened because she was on the phone making a doctor’s appointment because she was pregnant at the time.

The prosecutor asked her what happened after the shooting. She said she drove both of the shot victims to the hospital because they knew each other but she didn’t know the other shot the victim.

When asked if she spoke with the MPD, the witness preceded to plead the fifth.

“It’s a straightforward question, and I would ask you to answer it,” Judge Brandt said. The witness indicated she did speak with MPD.

The fourth witness was brought in. She is a forensic technician who works for the Department of Forensic Science.

She identified all of the bullet casing on the crime scene before Judge Brandt concluded court for the day.

The trial is scheduled to resume on Dec. 6.

Parties Begin Homicide Trial With Detailed Opening Statements and Evidence for Jury

On Dec. 5, attorneys made their opening statements after DC Superior Court Judge Rainey Brandt swore in 16 jurors for a homicide trial.

Jermaine Harris, 21, is charged with first-degree murder while armed in connection to the fatal shooting of 38-year-old Lamar Walters on the 2400 block of Franklin Street, NE on Jan. 6, 2020. According to court documents, a member of the Metropolitan Police Department (MPD) responded to the 2400 block of Franklin Street where an adult male was located. The victim was unconscious and not breathing, suffering from apparent gunshot wounds to the body.

Walters was transferred to the Washington Hospital Center where he was later pronounced dead. Two other victims who suffered non-fatal wounds to the body were later identified at the hospital by members of MPD.

Walters’s autopsy report concluded that he suffered from four gunshot wounds in which two bullets were recovered from inside his body, another passed through his body.

“Harris and three of his friends fired over 70 shots at a bodega (grocery store),” the prosecutor said. “Harris and his friends are from the Landon Park neighborhood and they have ongoing ‘beef’ with the Saratoga neighborhood.”

The prosecutor told the jury that Harris caused Walters’s death. He said the victim’s father arrived on the scene and watched his son die. “Because of that, he suffers from mental health issues,” the prosecutor said.

According to the prosecution’s theory, the defendant and other suspects drove a white Toyota Camry. The car was linked to several sets of fingerprints, including Harris’ prints.

“A 9-millimeter shell casing was found in the car under the driver’s seat that was matched with the casings found on the scene. A laser attachment was also found and a possible DNA sample of Harris on the battery inside of it,” the prosecutor said.

There were no eyewitnesses to the crime.

According to the prosecutor, the Toyota Camry the suspects used was towed on Jan. 7 because it had an invalid parking permit and the car was stolen from Maryland.

According to the prosecutor, Harris’ Instagram account indicated that he was at another suspect’s house, located in the apartment complex where the car was found.

“We will be calling a sergeant from the Metropolitan Police Department who looked over the surveillance from the neighborhood and identified Harris from his walk, hair, and his height,” the prosecutor said.

Defense attorney Jonathan Zucker said the case lacked any evidence.

He urged the jury to make clear-minded, unbiased decisions.

“It is impossible someone could have gotten into that car before the shooting,” Zucker said. “There were three people seen, on surveillance, getting into the white Toyota Camry 45 minutes before the shooting. The prosecutors identified there were four shooters so they had to stop somewhere to retrieve the fourth shooter.”

The prosecution’s first witness, a sergeant for the MPD who was called to the scene on Jan. 6 identified the evidence on the scene and in the surrounding area.

In a video, Walters is seen, along with the two living victims, standing in front of the bodega, ducking and running away. The video also displayed Walters falling to the ground and then scooting himself out of the street.

The video captured smoke and shadows coming from the side of the bodega and Walters collapsing.

During cross-examination, Zucker got the sergeant to confirm that police were unable to identify anyone as a shooter.

Zucker questioned another detective about another white Camry entering the street where the suspect’s Camry was allegedly parked. Zucker wanted to know if they followed up with the car.

The sergeant said the police never did.

“He was my heart and my soul.,” the victim’s father said. “We did a lot together like a monster truck and air shows, picnics… everything.”

Zucker crossed examined and asked questions about the photo his father displayed of Walters and asked if he had a more recent photo of him. The answer was no.

Zucker also asked if he knew why Walters was at the store that day. The father said he didn’t know why.

The girlfriend and mother of one of the other victim’s children.

The witness said she was in the car when the shooting occurred, and she didn’t know it happened because she was on the phone making a doctor’s appointment because she was pregnant at the time.

The prosecutor asked her what happened after the shooting. She said she drove both of the victims to the hospital because they knew each other, but she didn’t know the other victim.

When asked if she spoke with the MPD, the witness preceded to plead the fifth.

“It’s a straightforward question, and I would ask you to answer it,” Judge Brandt said. The witness indicated she did speak with MPD.

A forensic technician who works for the Department of Forensic Science identified all of the bullet casings on the crime scene before Judge Brandt concluded court for the day.

The trial is scheduled to resume on Dec. 6.

Document: Arrest Made in an Assult with Intent to Commit First-Degree Sex Abuse

Metropolitan Police Department detectives made an arrest in a first-degree sexual abuse that occurred on Dec. 4, on the 4400 block of Wisconsin Avenue, NW.

According to a press release, at about 12:30 pm, the suspect assaulted the victim in an attempt to engage in a forced sex act.

Later that evening, 39-year-old Willie Logan was arrested and charged with assault with intent to commit first-degree sexual abuse.

Judge Release Defendant Accused of Assault

A defendant accused of committing sexual assault was released by DC Superior Court Judge John Campbell on Dec. 2. He also lifted a stay-away order from the victim.

The defendant is charged with assault with intent to commit first-degree sexual abuse in connection to a domestic violence incident that was allegedly perpetrated this year.

During the proceeding, the prosecution requested that the defendant be released on personal recognizance and that a stay-away order from the victim be revoked.

Defense attorney, Aubrey Dillon, concurred with the prosecution, adding that the victim reportedly declined to respond to detectives investigating the crime.

Judge Campbell granted the defendant’s release and lifted the stay-away order.

Parties are expected to return to court on Dec. 7 under DC Superior Court Judge Robert Okun to further address matters.

Document: 20-Year-Old Killed in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Dec. 4, on the 4200 block of 4th Street, SE.

At about 10:40 pm, officers located 20-year-old Marjai Wimpish inside a residence, suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Defense Argues Against Unlawful Recordings

During a Nov. 21 hearing, defense attorney Sylvia Roberta J. Smith filed a motion for the court to reconsider its ruling.

A65-year-old defendant is charged with three counts of first-degree child sex abuse.

Smith argued that there is a recording that should not be allowed to be used because it was obtained without the defendant’s consent. She proceeded to explain that the recordings are unlawful because they were made in Maryland, and you cannot record without permission of both parties in Maryland.

She stated that only in DC you would need the consent of one of the individuals and neither of them were present in DC at the time.

The prosecutor argued that a person can record as long as it is not for a criminal act.

He said the victim just wanted a recording of the defendant admitting to what he had done to her over the years. It’s not unlawful in DC what two people do in Maryland, the prosecutor said.

Smith continued to explain the DC law, stating she was “going in circles”in her debate with the prosecution about how the recording should be inadmissible.

DC Superior Court Judge Rainey Brandt said she will rule on the admissibility of the recording before Christmas.

The next hearing is scheduled for Jan. 20, 2023.

Document: Homicide in Southest

Metropolitan Police Department detectives are investigating a homicide that occurred on Dec. 2, on the 1700 block of W Street, SE.

According to a press release at about 8:20 pm, officers located 30-year-old Fajr Vellejos inside of a vehicle, suffering from an apparent gunshot wound. She was pronounced dead at the scene.

Judge Prepares Jury for Deliberations In Homicide Case Involving 17-Year-Old Girl

On Nov. 30, the defense attorneys and prosecutors argued before the jury during a trial as they presented their closing arguments for a homicide that resulted in the murder of a 17-year-old girl.

On Aug. 10, 2017, at around 3:30 p.m., Robert Moses, 23, and James Mayfield, 22 approached the intersection of Montana and Saratoga Avenues, NE while armed with .40 and .45 caliber handguns. Collectively, the defendants fired over ten rounds at people standing on Saratoga Avenue. One of these bullets struck 17-year-old Jamahri Sydnor in the head as she was driving, killing her. Three other bystanders were struck by the bullets.

Moses was arrested on Oct. 16, 2017. He is charged with 13 counts, including first-degree murder while armed, assault with the intent to kill while armed, and aggravated assault while armed on Oct. 26, 2017.

Mayfield was arrested on Dec. 27, 2017. He is charged with 25 counts, including first-degree murder, assault with the intent to kill while armed, possession of a firearm during a crime of violence, threat to kidnap or injure a person, robbery while armed, assault with a dangerous weapon, possession of an unregistered firearm, carrying a pistol without a license, and attempt to commit robbery while armed.

Phillip McDaniel, 26, an accomplice who was arrested and charged in 2017 for his involvement in Sydnor’s murder, signed a plea deal to lessen his sentence to second-degree murder. This deal included his agreement to testify against Moses and Mayfield.

The prosecutor requested, at the start of court on Wednesday, for Webex to be open for Sydnor family members in other states to view the final verdict.

DC Superior Court Judge Maribeth Raffinan said she will consult with other judges that have previously done it before granting the request.

“The prosecutors have not met the burden of proving my client James Mayfield guilty beyond a reasonable doubt,” defense attorney Veronice Holt began during her closing argument. “They have no evidence other than McDaniels testimony which has been filled with lies. McDaniel is a sociopath and a user.”

Holt began to display some exhibits.

“The prosecutors have granted both of McDaniels babies mama’s $110,000 in total for witness protection, and they claimed to see my client James Mayfield but both exhibits displayed previously have no Mayfield in sight.”

According to Holt another witness who was in the car at the time of McDaniel’s arrest fits the description of the assailant also. He was described as “ skinny as shit” by the live victims.

“All the prosecution could provide in this case are conformational biases,” Holt said.

“Street cameras have not been accounted for in identifying my client entering or exiting the gold honda that led to McDaniel’s arrest,” Holt said.

“As far as it concerns my client. They don’t give a damn about him,” Holt said.

The prosecutor began her redirect about McDaniel and his family stating, “McDaniel had a lot to lose, he had the mother of his children and his kids two who were staying with Robert Moses, and his mom goes homeless as a result of him becoming a government witness.”

According to the prosecutor, she said, “For him to blame these two defendants out of all of the others. Why would he do such a thing if he saw them as a family?”

“The .45 caliber that killed Sydnor that the defense attorneys mentioned in yesterday’s hearing were destroyed by the Federal Bureau of Alcohol, Tobacco, and Firearms after a year. If you were wondering, the government holds murder weapons in custody for sixty-five years.”

The prosecutor also mentioned that the .45 caliber was also found six months after the shooting in McDaniels possession. The gun wasn’t tested because too much time went by and the gun would have been contaminated.

She then presented a photo of Moses and another witness showing their middle fingers a month after the shooting in the Saratoga neighborhood taunting them.

According to the prosecutor, the photo was posted by Mayfield.

Judge Raffinan debriefed the jury regarding the end of the trial and indicated she wanted them to continue following the guidelines and consider all the factors in this case.

The jury is scheduled to begin deliberations on Dec. 5.

Judge Denies Release For Homicide Defendant Again After Being Hospitalized

On Nov. 30, defense attorneys Anthony Matthews and Rachel Cicurel submitted another oral motion for the release of a homicide defendant after he got hospitalized for the second time after suffering from seven stab wounds with one puncturing his lung during his detainment at the DC Jail.

Jordan Jones, 22, is charged with first-degree murder while armed in connection to Oct. 11, 2021, shooting of 18-year-old Noel Prince Nicol on the 2000 block of Savannah Place, SE.

According to court documents, the Metropolitan Police Department (MPD) officers found Nicol slumped over in the driver seat of his blue Chevrolet Malibu three days after his murder on Oct. 14, 2021. An autopsy confirmed Nicol suffered from two gunshot wounds to the right temple of his head.

Since his arrest on May 12, Jones has been the victim of several violent attacks at the DC Jail, Matthews said.

Matthew confirmed that Jones has suffered four separate attacks resulting in cracked teeth, three separate stabbings, and two hospitalizations starting on May 18, then July 27, and about a week before Nov. 30.

Matthew mentioned that he has received the documents from the hospital. One of the stabbings resulted in criminal charges against the perpetrator.

“This is a matter of life and death,” Matthew said. “The options we were given due to the different circumstances of him being hospitalized are ridiculous.”

The alternative option of solitary confinement is still being offered and it would “destroy his mental health and make him paranoid.” Matthew said.

Jones was denied by the Department of Corrections to transfer to the Correctional Treatment Facility again.

DC Superior Court Judge Maribeth Raffinan told Matthews to file a motion with his medical record and she will contact the chamber to figure out how she will move forward.

Jones will remain in the DC Jail until Matthews provides more sufficient evidence for his movement from solitary confinement to the Correctional Treatment Facility.

Parties Deliver Closing Arguments in Co-Defendant Homicide Trial

During a Nov. 29 jury trial, two parties delivered closing arguments and the judge reversed her previous ruling on a motion in a 2017 murder case.

On Aug. 10, 2017, at around 3:30 p.m., Robert Moses, 23 and James Mayfield, 22 approached the intersection of Montana and Saratoga Avenues, NE while armed with .40 and .45 caliber handguns. Collectively, the defendants fired over ten rounds at people standing on Saratoga Avenue. One of these bullets struck 17-year-old Jamahri Sydnor in the head as she was driving, killing her. Three other bystanders were struck by the bullets.

On Tuesday, the parties revisited a motion for judgment of acquittal on two counts of obstruction of justice.

Moses’ defense attorney Steven Kiersh introduced the motion the previous day to strike the two counts from Moses’ record, and DC Superior Court Judge Maribeth Raffinan granted Kirsch’s request.

However, prosecutors introduced a motion for Judge Raffinan to reconsider her ruling, highlighting a series of statutes and verdicts from similar cases indicating that Moses could be found guilty of obstructing justice.

The counts relate to a phone call between Moses and his close childhood friend when Moses was in prison. The friend had been with Moses at Benning basketball courts during the afternoon of Oct. 26, 2017, where they were both arrested.

Prosecutors reaffirmed their stance that Moses tried to persuade his friend to mislead lawyers on his behalf. They read aloud a phone transcript of Moses telling his friend, “I need you, that’s why I’m calling. Let the lawyer know I was with you playing a game at the courts at 2:00, at 4:00,” to which his friend agreed, “I’m already hip.”

According to prosecutors, Moses’ call was clearly instructive and thus an attempt to impede proceedings, dissuading his friend from truthfully testifying to his whereabouts.

Kiersh responded by referencing Moses’ friend’s interview with his lawyer, in which he said he assumed Moses was referring to the day he was arrested, rather than the day of the incident.

“I don’t think he was asking for an alibi,” the friend stated.

According to Kiersh, there was no indication that Moses knew his friend would testify in front of a Grand Jury.

Judge Raffinan said that after reviewing the prosecution’s motion, she found a specific precedential case so relevant that it shifted her perspective. Based on relevant statutes, she claimed it didn’t matter whether Moses knew his friend would be a witness or not, nor even if the friend thought Moses was asking for an alibi regardless.

Judge Raffinan stated that Moses’ mere attempt to coax a lie from his friend was sufficient grounds for including the charge. “A reasonable jury could find that Moses endeavored to lie and obstruct justice,” reversing her previous stance on the two counts.

With the jury present, Judge Raffinan instructed jurors on how to appraise the facts and evidence presented throughout the case, as well as how to rule on the individual charges levied against each co-defendant.

Judge Raffinan then relayed each co-defendant’s case theory.

Moses contended that McDaniel’s claims were false, and that he was not one of the two men responsible for the Aug. 10 shootings.

In Mayfield’s theory, he claimed he never conspired to aid in the Aug. 1o shootings, and that the shooters were most like McDaniel and another member of their friend group.

The prosecution began their closing argument by detailing Sydnor’s death from the perspective of her nephew, who was riding in the car with her when she was shot.

The prosecutor urged jurors to imagine themselves as the nephew, looking out the car window to see a man pointing a gun at him, then witnessing “Auntie J” slumped over the steering wheel with blood pouring from her eyes. “You now know beyond a reasonable doubt that Mr. Mayfield pulled the trigger that killed Auntie J,” the prosecutor said.

The prosecutor then summarized a series of firsthand accounts from witnesses who saw male, African American shooters at Montana and Saratoga on Aug. 10. Most eyewitnesses described two different shooters; one taller, lankier, and darker-skinned than the other, with the taller shooter wearing a black, patterned jacket and something over his head. Some described a bucket hat, others a hoodie; however, prosecutors maintained that this was not a glaring inconsistency given how colorful the hood was, and the fact that many witnesses were more focused on ducking out of the way to avoid getting shot.

One key witness was sitting faced backwards in a firetruck, affording him an elevated and clear view of the events unfolding. He recalled seeing “shells jumping out of the gun,” then watching two shooters run toward Channing Street.

The witness described one shooter as “skinny as shit,” matching descriptions and pictures of Mayfield’s physique at the time, as well as the child’s-sized shirt he wore.

The witness also recalled being certain that the other shooter had shoulder-length dreadlocks, which neither Moses nor Mayfield had at the time. However, prosecutors noted that the black strings of the Master Piece hoodie linked to Mayfield somewhat resemble dreadlocks from afar.

The prosecutor then detailed a series of events based on McDaniel’s account of Aug. 10. With Moses and Mayfield in the car, McDaniel dropped off two friends while the three discussed plans to retaliate

Shortly after, cell site technology tracked Moses’ and McDaniels’ phones at Moses’ and Mayfield’s houses, respectively, where each allegedly picked up the .40 and .45 caliber guns. The cell site tracker also showed Moses at the crime scene at 3:30 p.m. two minutes later with surveillance footage capturing the gold Honda speeding down a nearby street.

A .40 caliber casing was also recovered below the passenger seat of the car where McDaniel said Moses usually sat. Moses’ fingerprints were on the Honda’s front door.

Prosecutors assured the jury that McDaniel’s testimonies against Moses and Mayfield could be trusted, as his plea agreement stipulates harsh penalties for perjury should he lie.

Additionally, McDaniel’s statements were corroborated by ten different evidentiary accounts, including five eyewitnesses, cell site evidence, surveillance footage, firearm evidence, fingerprints, and DNA.

Mayfield’s fingerprints were recovered on the backseat door as well as the trunk, where a hooded, black-and-purple Master Piece jacket was later found.

Prosecutors had long linked the jacket to Mayfield, as its patterns and colors matched several eyewitness’ descriptions of the shooter’s clothing. A DNA expert found that Mayfield likely wore the jacket at some point.

Next, the prosecution emphasized the conspiratorial nature of Moses’ and Mayfield’s acts. The fact that they dropped off two of their friends who, according to McDaniel, “wanted no part” in the shooting shows that the three men had already discussed retaliation. Then, they armed themselves and drove around searching for Saratoga residents which, according to McDaniel, further illustrates their premeditated intent to kill.

According to the prosecutor, Mayfield and Moses had co-conspirator liability, whereby “it doesn’t matter if Mayfield’s .45 caliber gun pierced Jamahri’s brain, because Moses was in on it too.” Ballistic analyses supported the presence of two different shooters as separate clusters of .40 and .45 caliber casings were recovered on the scene.

Finally, the prosecutor argued that by taking aim at a crowd of people on the other side of the sidewalk, the defendants created a zone of danger, and “it was a foreseeable consequence that someone within that zone would be harmed.” According to the prosecutor, it didn’t matter if neither Moses nor Mayfield actually intended to kill Sydnor herself; they both had the intent to kill, which transferred to Sydnor.

Kiersh began his closing argument by referencing the intentional destruction of the black and silver .40 caliber gun linked to Moses.

The gun was originally held in Prince George’s County’s custody as evidence for an illegal gun purchase investigation, but was connected to Sydnor through a federal ballistics database. Months after the database matched the gun’s casings to the bullet that killed Sydnor, prosecutors in Sydnor’s case asked the county court to forfeit the gun as evidence. This led to the gun being destroyed in an ATF vault in August 2019 without MPD officers’ knowledge.

According to Kiersh, the gun’s destruction prevented the conduction of DNA testing, fingerprinting, and test firing, all of which would have been integral to determining whether Moses actually fired that gun on Aug. 10. As it stands, there is no DNA evidence linking Moses to the gun that fired the casings found on Montana and Saratoga Avenues that day.

Kiersh also levied a series of criticisms against McDaniel’s integrity and character, with an apparent intent to discredit McDaniel’s testimonies against Moses. “He has no remorse for what he did. All he wants to do is scheme and lie and get himself out of jail,” Kirsch said, noting that following Sydnor’s murder, “disgraceful” McDaniel drove around DC selling drugs and guns.

“Phillip McDaniel does whatever he needs to do, however he needs to to benefit the interests of Phillip McDaniel. He so desperately wants freedom [and] he hopes to get out in two years. He has a real incentive to lie,” Kiersh said.

Kiersh also referenced McDaniel’s statement about the evening of Aug. 10. McDaniel said he picked up two Langdon Park friends in his Honda. However, McDaniel named two different locations for where this pick-up occurred in his Grand Jury and trial testimonies, indicating he might have lied.

Additionally, Kiersh referenced the firetruck rider’s testimony, who repeatedly affirmed that the shorter shooter “definitely” had dreadlocks, unlike Moses at the time. Kiersh noted that one of the friends McDaniel was driving with later that day had dreadlocks and was also relatively light-skinned.

Kiersh clarified that he wasn’t implying that the friend was the shooter: “That isn’t my job.” Still, he encouraged jurors to doubt Moses’ guilt based on these inconsistencies.

Kiersh called the validity of the prosecution’s cell site evidence into question, saying the technology “doesn’t track people, only their cell phones.”

He added that the phone which the prosecution’s cell site expert conducted his analyses on did not contain any of Moses’ DNA nor fingerprints and was merely linked to Moses by Instagram records taken from Aug. 10.

Finally, Kiersh referenced a recent testimony by a man who lived on Channing Street, NE. The witness had seen two men walking quickly toward a gold Honda after gunshots sounded. He described the man who entered the driver’s side of the vehicle as “taller and lankier,” while the “shorter and stalkier one” entered the passenger’s side.

According to Kiersh, the notion that one presumed shooter entered the car and drove off completely undermined McDaniel’s entire narrative, in which he merely sat in his car, minding his own business while Mayfield and Moses did the shooting. “Unlike McDaniel, [the witness] had no incentive to lie,” Kiersh said.

Closing arguments are set to continue on Nov. 30 after which jurors are slated to begin deliberations.

Document: Suspect Sought in a Misdemeanor Child Sex Abuse Offense

Metropolitan Police Department detectives are locating a suspect in connection to a misdemeanor sexual abuse of a child offense that occurred on Nov. 30, 2022, on the 4500 block of Benning Road, SE.

According to a press release, at about 7:30 am, the suspect engaged in sexually suggestive conduct in the presence of the minor victims. The suspect then fled the scene.

Judge Releases Assault Defendant After Substantial Probability Not Found

DC Superior Court Judge Milton Lee released a defendant when the prosecutor failed to demonstrate substantial probability that he was the offender in a Nov. 29 hearing.

Cedric Brockington, 17, is charged with assault with intent to kill in connection with a Nov. 10 shooting on the 1200 block of 5th Street, NW, which wounded an unidentified juvenile male. He was charged on Nov. 17, and held in the DC Jail.

At Tuesday’s hearing, Judge Lee ruled that although there was probable cause to believe that Brockington committed the assault, there was not a “substantial probability,” a higher degree of proof. Without substantial probability, he ruled, Brockington should be released from the DC Jail and placed on the High Intensity Supervision Program (HISP).

The prosecutor only presented one witness, a Metropolitan Police Department (MPD) officer who responded to the scene. The officer reviewed body camera footage and surveillance footage, showing both the shooting and the officer’s interviews of witnesses on the scene.

A video captured by surveillance footage from a store on the corner of M Street and 5th Street, NW showed two men approach a crosswalk from opposite directions. As they passed one another, one of the men pulled a handgun from his waistband, prompting the other man and two other people nearby to run for cover. As the victim ran, the shooter fired four shots, one of which struck the victim in the left arm.

According to the body camera footage obtained from the responding officer, witnesses said the shooter was a Black male, around high school age. He could be seen running from the scene via other surveillance cameras.

Brockington’s mother and father both identified him as the person on the police’s “Be On the Lookout” poster, which used photos from the surveillance footage on the corner, according to court documents. Brockington’s high school also confirmed he had an unexpected absence on Nov. 10, the day of the shooting.

No footage presented during the hearing was entirely clear in identifying Brockington, and the in-court identification of Brockington by the witness was challenged but sustained.

In his finding of no substantial probability, Judge Lee denied the prosecutor’s request for detention. The prosecutor offered a plea deal, but Brockington denied it, choosing instead to go forward with a Grand Jury.

The parties are scheduled to reconvene on Feb. 15, 2023.

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