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Court Grants No Contact Order After After Investigators Contact Children

On June 6, 2023, DC Superior Court Judge Marisa J Demeo agreed to appoint conflict-free legal counsel and issued a no contact order in a 2023 homicide case. 

Charles W Terry, 58, is charged with second-degree murder for his alleged involvement in the deadly beating of 39-year-old Lennette Clark. The incident occurred on Jan. 30, on the 1500 Block of Anacostia Avenue, NE. 

During the hearing, the prosecution raised concerns about the actions of the defense’s investigation team. One of their investigators allegedly visited the home of a witness on April 26, 2023, with the intention of interviewing two child witnesses. 

An adult witness asked if this was necessary. After being informed that they were not obligated to cooperate, the witness instructed the investigator to leave and refrain from contacting the underaged witnesses.

However, two weeks later, the same investigator from the defense team’s investigation unit allegedly went to the children’s schools; The investigator proceeded to remove the children from their classes in order to conduct interviews. 

The prosecution says this is an ethical issue since the witnesses are children, raising questions about the voluntary nature of any statements they might provide. 

The prosecution argued that the investigator failed to provide proper identification to school officials and did not disclose her affiliation with any organization. 

Furthermore, the interviews allegedly took place in a private room with only the children and the investigator present, which the prosecution deemed unethical given the witnesses are only 13-years-old and 8-years-old.

The lack of a parent or guardian during the interviews was also emphasized, and the prosecution pointed out that the investigator intentionally chose to visit schools when their guardian would not be present to deny permission for the interviews.

The defense countered the prosecution’s claims by asserting that the investigator did indeed provide valid identification and clearly disclosed their affiliation to both school officials and the witnesses themselves. 

The investigator explicitly stated that they were acting on behalf of defense attorney Jospeh Yarbough, who is representing Terry. 

The defense further contended that the interviews conducted with the witnesses were justified as they had the right to investigate on behalf of the defendant. 

Considering that both children were allegedly present at the scene, they could have crucial information and are essential witnesses. The 13-year-old was the only individual who provided a written statement during the interview with the investigator.

After hearing from both parties, Judge Demeo said, “Juvenile status is a factor that needs to be considered” and discussed the ethical considerations. 

Both parties agreed that the investigator spoke with them alone with no adult present. However, there is a disagreement as to how the interviews played out. 

Judge Demeo said that if their guardian or the government grants permission, the defense may proceed with conducting interviews with the underaged witnesses. 

The judge highlighted that this ethical concern could potentially harm the defense team during the trial, consequently impacting the defendant’s rights. 

In light of this, Judge Demeo acknowledged the defendant’s entitlement to seek alternative counsel.

The motions hearing will reconvene on July 6, following the defendant’s consultation with a different attorney.

Judge Says ‘No’ to Ending Probation in Non-Fatal Shooting Case

On June 6, Erie English‘s effort to end probation was denied by DC Superior Court Judge Jason Park based on an alleged violation of his release terms. 

English, 45, was originally charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and carrying a pistol outside the home for his alleged involvement in a non-fatal shooting that occurred on July 31, 2021 on the unit block of N Street, SE.

According to court documents, witnesses identified English as the shooter. 

He subsequently pleaded guilty to one count of assault with a dangerous weapon and one count unlawful possession of a firearm. 

On April 25, following a reported violation to appear for a court proceeding while on probation, a bench warrant was issued by Judge Park. English was later detained in Maryland. 

Judge Park ordered continued monitoring by the Court Services and Offender Supervision Agency (CSOSA). Defense counsel for English, Stephen Logerfo, did not challenge the finding. 

Maryland court officials will determine next steps in the case.

Prosecution Witnesses Build Evidence in 2013 Homicide Case

On June 5, prosecutors introduced four witnesses who offered different perspectives of a 2013 murder case.

Victor Coley, 60, is charged with first-degree murder while armed premeditated, assault with intent to kill, aggravated assault knowingly while armed, possession of a firearm during a crime of violence for his alleged involvement in a shooting that left four individuals injured on Nov. 6, 2013, on the 3900 block of Minnesota Avenue, NE. 

On Dec. 3, 2021, 65-year-old Dennis Foster, one of the victims from the shooting, succumbed to his injuries some eight years later. 

The prosecution’s first witness, a retired police officer, arrived at the scene shortly after receiving a radio call about the shootings. He explained his role in securing evidence and how he helped arrest the suspect. 

When the officer was questioned about his arrival on scene he replied, “It was chaos.” 

A crime scene technician recalled being dispatched to the Washington Hospital Center to collect evidence from an elderly victim who sustained a gunshot wound on her right leg.

Prosecutors presented photographs of the victim in the hospital and her bloody jeans which are still stained on the right side some eight years after she was shot.

Prosecutors then questioned a crime scene investigator who showed diagrams of the scene and physical evidence collected including firearms and used shell casings.

The final prosecution witness was an expert in firearms and bullet markings analysis. He compared shell casings recovered at the scene to test firings of guns allegedly used in the shootings.

The expert explained that similar characteristics were found after a microscopic examination of the shell casings in the test firing and the firearms found at the scene.

Meanwhile, defense attorneys questioned the validity of the evidence over concerns about alleged mishandling of items and the thoroughness of testing. 

Defense lawyers also targeted the credibility of the firearms expert saying his testimony was paid for by the prosecution.

The trial is slated to resume before D.C. Superior Court Judge Michael Ryan on June 6.

Homicide Defendant interrupts Judge in Mental Competency Hearing

On June 6, DC Superior Court Judge Michael O’Keefe ordered an additional mental competency exam for murder defendant Darryl Tompkins. 

Tompkins, also known as Daryl Thompson, 34, is charged with first-degree murder while armed for his alleged roles in the deaths of Edward Roberts Jr. and Tyler McEachern. Roberts, 29, was fatally shot on the 3500 block of 14th Street, NW, on July 30, 2016. McEarchern, 23, was killed on the 3100 block of Buena Vista Terrace, SE, on Aug. 29, 2016.

Judge O’Keefe granted the prosecution’s request for additional mental tests without objection from the defense. Tompkins’s last mental observation hearing occurred on Nov. 24, 2021, when the court declined to make an assessment.

The hearing before Judge O’Keefe began with only one of the defendant’s attorneys present, Pierce Suen. 

Then Tompkins appeared agitated that his other attorney, Dana D. Page, wasn’t in the courtroom and repeatedly asked the judge stop the hearing until she could be present. Page ultimately did appear.

Tompkins frequently interrupted Judge O’Keefe as well his own defense attorneys, until he was given time to speak freely at the end of the hearing. 

Tompkins stated the court was denying his consititutional rights, and that the judiciary system has become too powerful.

He then presented a loosely held together 65-page document, which Judge O’Keefe urged him to offer through his lawyers. However, Tompkins insisted on handing out the material, ultimately giving hard copies to both the prosecution and the court clerk. 

Parties are expected back in court Sept. 8 to discuss the results of the pending evaluation.  

Judge Modifies Shooting Defendant’s Release Conditions 

On June 6, DC Superior Court Judge Maribeth Raffinan changed release conditions for a non-fatal shooting defendant.

Cedric Brockington, 17, is charged with assault with intent to kill while armed, assault with intent to commit any other offense while armed, and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting that occurred Nov. 10, 2022, on the 1200 block of 5th Street, NW. The victim did not sustain non-life threatening injuries. 

Joseph Yarbough, Brockington’s defense attorney, requested less restrictive release conditions for his client.

Yarbough highlighted Brockington’s record of negative drug testing results and his active participation in school programs since his release on Nov.29, 2022. 

The prosecutor opposed the motion over concerns about the defendant’s potential threat to the community.  

Prosecutors also said the ongoing investigation would require two or three witnesses, and preparations in the case would continue until mid-July. 

Judge Raffinan ruled on lifting drug testing requirements for Brockington while supporting him in education and employment programs under home surveillance. 

The next hearing is scheduled for July 19, to revisit release conditions.

Judge Denies Release Due to Mental Health Concerns

On June 5, DC Superior Court Judge Errol Arthur ordered a non-fatal shooting defendant be transferred to St. Elizabeth’s Hospital for further mental health evaluation. 

Chantel Seltzer, 44, is charged with assault with a dangerous weapon and possession of a firearm during crime of violence for her alleged involvement in a non-fatal shooting that occurred on March 22 on the 300 block of 62nd Street, NE. No injuries were reported. 

Following her arrest, she was deemed mentally incompetent. Due to issues in her original evaluation, Judge Arthur ordered Seltzer ordered the additional review.

Defense attorneys for Seltzer requested she be released to spend time with her son who is awaiting release for a non-related incident. Prosecutors objected to her release due to her dangerousness, and argued she should first restore competency. 

Seltzer’s next hearing is set for July 7. 

New Status Hearing Set to Determine Murder Trial Date

A status hearing on June 5 led to the postponement of a trial date for a 2022 homicide. 

Devon Edwards, 20, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 18-year-old Dmaree Miller on Jan. 4, 2022, on the 3300 block of 12th Street, SE. 

Defense attorneys requested a continuance for the trial date based on scheduling conflicts. DC Superior Court Judge Michael O’Keefe offered Edwards the option of acquiring new counsel but he insisted he wants to keep his current attorneys to not delay trial. 

The prosecuting attorney, meanwhile, described concerns she has about potentially missing solid evidence from DNA testing. 

Shell casings from the crime scene were collected, along with minimal DNA evidence from the decedent’s car. Neither prosecution nor defense has access to the report on DNA on the shell casings, though the prosecution stated they were trying to find out more. 

The next status hearing will be June 15 to determine a trial date.

Non-Fatal Shooting Case Dismissed Without Prejudice

On June 5, prosecutors moved to dismiss a non-fatal shooting case due to insufficient evidence. 

Rahman Mills, 30, was charged with assault with a dangerous weapon and unlawful possession of a firearm for his alleged involvement in a non-fatal shooting that occurred on Aug. 12, 2022 on the 1900 block of Savannah Street, SE.  

Police responded to a service call where a female said she was being assaulted by her boyfriend. 

According to court documents, officers arrived on the scene and saw Mills on a blue bicycle. Once he spotted the police, he allegedly fled from the officers on foot. 

Mills allegedly had a small gun in his hand when he was ordered by police to get on the ground. When Mills refused, he was shot twice but survived his wounds.

His defense attorney argued that the prosecutors should not be able to bring up this case again due to a lack of factual information.

DC Superior Court Judge Errol Arthur granted the dismissal of the case without prejudice due to a lack of evidence that failed to prove Mills’ guilt.

 

Judge Finds Strong Probable Cause in Murder Case

In a June 5 hearing,  DC Superior Court Judge Marisa Demeo found probable cause that a homicide defendant committed murder.

Rayvon Slye, 31, is charged with second-degree murder while armed for allegedly stabbing his girlfriend, Andrea Bond, 30 on March 7 on the 1100 Block of D Street, NE. 

In court, prosecutors highlighted alleged inconsistencies in Slye’s story and presented their evidence. 

Slye told detectives that Bond had allegedly gotten into a fight prior to meeting him. Then he said he saw a wound on Bond and put a bandaid over it. 

However, according to a witness who drove Slye and Bond to a grocery store before her murder he did not see any blood or injury when Bond entered the car.  

Surveillance footage from a neighbor’s camera allegedly shows Bond getting into a silver vehicle with Slye then returning to her residence a short time later. 

According to witness statements, Slye and Bond had an argument that night before going back home.

When the two returned, according to a Metropolitan Police Department (MPD) detective’s testimony, Slye and Bond drank wine, smoked cigarettes, and had intercourse before falling asleep. The next morning, Slye reportedly walked to a corner store and returned to Bond’s family surrounding her body in shock asking what happened.  

The detective testified there was blood evidence on multiple items in the residence including a light colored jacket, a jean jacket, a green shirt, a pair of shoes, and shower cap.  

According to the DC Medical Examiner’s report, Bond had been on drugs and was stabbed in her chest hours before the police arrived. 

According to court documents, the defendant had a history of domestic violence and was on probation at the time of the incident. Moreover, the victim’s family had reportedly expressed apprehension with Slye’s being around Bond. 

Prosecutors argued the previous domestic violence cases against the defendant provided a motive. 

Defense attorney, Anthony Matthews, argued accounts of the incident are inconsistent.  He also questioned the blurriness of the surveillance footage.

Based on the evidence, Judge Marisa Demeo said she found strong probable cause that Slye had committed the crime.

Parties are expected back in court Sept. 8. 

Judge Grants Prosecution’s Request to Extend Indictment Deadline in Homicide Case

On June 5, DC Superior Court Judge Maribeth Raffinan granted the prosecution’s motion to extend the indictment deadline in a second-degree murder case.

Gerald Thomas, 20, is charged with allegedly shooting and killing 20-year-old Dasha Cleary on Jan. 27, 2022 on the 4400 block of Connecticut Avenue, NW. 

Currently, Thomas is awaiting indictment from a grand jury to determine whether the case will go to trial.

Under D.C. code 23-102, the prosecution typically has nine months to return an indictment in a felony case. 

However, due to several delays, the indictment deadline in this case is now set over fifteen months after Thomas’s initial presentment hearing on Feb. 19, 2022. 

The deadline is now set to July 6, after Judge Raffinan granted the prosecution’s motion over defense objections. 

According to Thomas’s defense attorney, Aubrey Dillon, the defendant acted in self-defense during the shooting, and the prosecution confirmed that Thomas’s alleged motive was included in the grand jury’s truth-seeking mission.

Both the prosecution and the defense acknowledged that the number of witnesses and individuals present for the incident has made the case more complicated and potentially contributed to the delays in returning an indictment. 

Thomas was originally released from confinement on Apr. 8, 2022, as part of Pretrial Services’ High Intensity Supervision Program, though his conditions of release have since been relaxed to include only monthly random drug testing and a curfew from 10 pm to 6 am. 

A Pretrial Services Agent appeared virtually at the hearing to confirm that Thomas was in compliance with his current release conditions. 

The defendant’s next hearing has been scheduled for July 14.