Incomplete Mental Evaluation leads to New Status Hearing

On Feb. 13, DC Superior Court Judge Robert Okun scheduled a new status hearing as defense attorney Jonathan Armstrong requested to complete a defendant’s mental evaluation.

Th 32-year-old defendant is charged with assault with Intent to commit first-degree sexual abuse. The incident took place on Nov.11, 2022, on a paved walking trail on the 1100 block of Good Hope, SE.

Court documents state that the complainant was running and noticed the defendant was following her. She said she called a friend of hers in hopes of deterring the defendant from following her.

However, as he was following her he allegedly grabbed her and she fell to the ground.

The complainant started screaming, according to the documents, when the defendant allegedly attempted to pin her to the ground and pull her shorts down as she continued to scream.

The defendant was arrested two days following the incident. Officers from the Metropolitan Police Department (MPD) arrested the defendant for offenses that occurred on the 3000 block of K St, NW where another victim was followed into her building and another struggle ensued.

The defendant allegedly pulled down the victim’s underwear during this incident, and the victim said that during the incident the defendant allegedly exposed his genitals.

The next hearing was scheduled for March 3.

Lost Evidence Causes Problems in Murder Case

DC Superior Court Judge Anthony Epstein elected to continue a motions hearing on Feb. 13 due to questions he had that could help him make a decision on the defendant’s release.

Kavon Young, 32, is charged with first-degree murder while armed for allegedly shooting John Pernell, 66, on July 3, 2010, on the 3000 block of Nelson Place, SE.

The prosecutor and defense both stated they had no plans to call any witnesses during the hearing, but that the defense did have a motion to dismiss the case due to a failure of the prosecution to preserve evidence.

According to both the prosecutor and defense, DNA extracts from fingernail clippings in 2011 were never returned to the Metropolitan Police Department (MPD), according to chain of custody forms.

The prosecution requested in November 2021 to retest the DNA extracts and other evidence, but the extracts were never submitted.

The prosecutor said he had been searching for the extracts since July of 2022.

The defense requested specifics on what was done to recover them, arguing that they have the right to test those extracts independently, and now that they can no longer do so. It was a discovery violation against the prosecution for not preserving evidence, the defense said.

Judge Epstein asked the prosecutor what specific evidence they have against Young.

The prosecutor said that he would have DNA evidence and witnesses at trial, however the witnesses would only provide a general description of the suspect and could not identify Young as the offender.

Judge Epstein stated that he could not find any precedent to a case dismissal but requested expert testimony to corroborate how influential the retesting of evidence would have been.

The defense also requested Young’s release due to being incarcerated for three years, lack of evidence by the prosecution, and because Young has been in a rehabilitation program for two years.

Judge Epstein requested that the defense make sure Young can pass the High Intensity Supervision Program (HISP) qualifications with the Pretrial Services Agency, which would determine if he is qualified for release.

The defense should also provide Judge Epstein with more information regarding the defendant’s rehabilitation process.

Young has two prior offenses for gun possession in 2011 and 2016 but did not have any prior criminal history that would deem him violent.

The parties are scheduled to return for a status hearing on March 10.

Judge Grants Defense’s Request to Reschedule Hearing in Murder Case

DC Superior Court Judge Anthoyn Epstein rescheduled a preliminary hearing on Feb. 13 to a later date.

Jason Lewis, 41, is charged with second-degree murder while armed for allegedly shooting Karon Blake, 13, on Jan. 7, on the 1000 block of Quincy Street, NE.

According to court documents, Lewis said he heard noises coming from outside his home, so he proceeded downstairs. He continued to say that he saw someone appear to be breaking into a car on the street.

Lewis said he yelled at the individual who proceeded to run towards him. Lewis said he then fired his weapon once the individual got to his front gate. Court documents state that a medical examiner ruled the cause of death as multiple gunshot wounds to the body.

Officers who arrived on the scene said they saw Lewis giving chest compressions to the victim and that Lewis was cooperative, stating that he fired his weapon and told them where it could be found.

Lewis was registered in the District of Columbia to possess a firearm.

Court documents state that during an interview with an officer, Lewis said he was unsure why Blake decided to run at him and had no intention of harming the teen.

Cameras show the victim running infant of Lewis’s property, but there is no camera footage that shows Blake running directly towards Lewis, according to court documents.

The parties are scheduled to return for a preliminary hearing on March 9.

Judge Modifies Homicide Defendant’s Release Conditions

During a Feb. 10 status hearing, DC Superior Court Judge Anthony Epstein modified a homicide defendant’s release conditions.

Naquel Henderson, 25, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and conspiracy to commit a crime of violence in connection to allegedly shooting 21-year-old Michael Taylor on Jan. 12, 2019, on the 1700 block of Benning Road, NE.

During the status hearing, defense attorney Julie Swaney said Henderson found employment as a FedEx driver.

Henderson has been fully compliant with his release conditions in home confinement as stated by a Pretrial Services Agency representative.

The representative asked Judge Epstein to place Henderson in the High Intensity Supervision Program (HISP) with a curfew from 10 a.m. -6 p.m.

Judge Epstein approved the representative’s request and dropped Henderson’s home confinement release condition to HISP with GPS monitoring.

“If you mess up you can expect me to revoke your pretrial release and you will do time in DC Jail” Judge Epstein said.

The next status hearing is scheduled for March 10.

Family Gives Emotional Victim Impact Statements Before Sentencing In Homicide Case

On Feb. 10, DC Superior Court Judge Milton Lee sentenced a defendant to 23 years in prison for second-degree murder while armed after the family of the victim gave multiple victim impact statements.

Herbert Smallwood was initially charged with first-degree murder while armed for stabbing 46-year-old Joseph Ogundoju to death after a car chase on June 30, 2021, on the 1600 block of 17th Place, SE. Smallwood, 42, chased Ogunjodu in a stolen gold Hyundai Veracruz until the white Honda Fusion Ogunjodu was in flipped. After the crash, Smallwood approached the vehicle and proceeded to stab Ogunjodu 33 times.

Smallwood eventually pleaded down to second-degree murder while armed in a hearing on April 4, 2022.

“This case and this situation has broken my children in a way that cannot be fixed,” Ogundoju’s wife said during her victim impact statement. She explained how she has taken up multiple jobs and works 17 hours a day. Her eldest son had to drop out of college to make up for the loss of her husband, she continued.

The victim’s wife also expressed frustration with the defendant’s criminal record. In DC, Smallwood has been convicted of two drug charges, unlawful possession of a firearm, and escape from an institution.

“How many people does this man have to kill,” she asked,. “for the justice system to put him away.”

The victim’s sister simply asked the defendant, “why?” She then concluded her statement by addressing the defendant directly, “you deserve to get what you get.”

The victim’s nephew brought attention to the fact that the defendant stabbed his uncle a total of 33 times.

Defense attorney Anthony Matthews requested a downward departure from the sentencing guidelines for second-degree murder as he believed that Smallwood still showed signs of rehabilitation.

Although Matthews agreed that “young black kids [without fathers] will have a more difficult road ahead of them,” he pointed out that taking Smallwood away from his children would only perpetuate existing societal issues.

Mathews argued that the defendant’s addiction to PCP, a hallucinogenic drug, played a major part in this case.

“There is a wide gulf between the human being and the human being on PCP,” he said.

Matthews requested that Judge Lee consider Smallwood’s addiction and other mental illness issues before delivering the sentence.

The defense concluded by requesting the Judge Lee sentence Smallwood to 10 years in prision with 5 year supervised release, a downward departure from the mandated sentence range of 14-26 years.

The prosecution in turn requested that Judge Lee not consider Smallwood’s addiction in delivering the sentence as voluntary use of drugs and alcohol do not count in the guidelines for departing from the sentence range. The prosecutor also noted the defendant’s criminal record and argued that Smallwood’s lack of rehabilitation indicated a future of further crime.

The prosecution requested that Judge Lee sentence Smallwood to 26 years, the top of the guidelines.

Smallwood then delivered a brief statement in which he expressed regret for his actions and extended his apologies to the family of the victim. “I hope the courts can find it in their hearts to forgive me,” he said.

“The one thing that these cases bring across the board is sadness. Hurt,” Judge Lee said, extending his condolences to the victim’s family.

Judge Lee also rejected the defense’s claim that the system has failed Smallwood as he had been offered a chance at rehabilitation and treatment multiple times throughout his criminal record.

Judge Lee said he could see no reason to believe that the defendant would change based on his criminal record, so he sentenced Smallwood to 275 months in prison, just under 23 years.

In addition, Smallwood is required to undergo mental health treatment and will also serve five years on supervised release.

Murder Defendant Pleads Guilty to Second-Degree Murder Charges

A murder defendant accepted a plea agreement during her status hearing Feb. 13 for second-degree murder while armed. She was sentenced to 18 years in prison.

Nijinsky Dix, 39, was originally charged with first-degree murder while armed for shooting Terry Hickman on Nov. 14, 2020, on the 1000 block of 4th Street, NW.

Three members of the victim’s family were going to testify at the status hearing. However, after DC Superior Court Judge Marisa Demeo informed the family that they would also have the opportunity to give victim impact statements at the hearing, only the daughter of the victim wished to speak.

The daughter of the victim expressed the family’s disappointment with the plea agreement’s sentence because “18 years is not enough.”

However, she noted that the family accepted the plea as to avoid the further turmoil relating to their loss that would result from a trial. She concluded her statement by requesting that Judge Demeo consider the nature of the case.

According to court documents, police arrived at the scene after 911 calls stating there were gunshots at an apartment building. The defendant refused to open the door to police, leaving them to use a master key to access the apartment. Upon entering the apartment, MPD found Hickman lying face down after being shot five times. The defendant was at the scene holding a firearm in her hand.

By taking the plea agreement, Dix waived her right to a trial and DNA testing, avoiding the 30-year maximum sentence that could have been imposed if found guilty. During the hearing, Dix’s defense attorney Brandi Harden said Dix accepted the guilty charge as the defendant acted in conscious disregard when shooting 44-year-old Hickman.

Judge Demeo accepted the plea deal. However, she noted that the sentence outlined in the deal was not binding and was subject to change at the judge’s discretion during the sentencing hearing.

While scheduling the sentencing hearing, the defense requested that the original trial date in late October be converted to the sentencing. However, Judge Demeo denied this request as it was simply too far in the future.

The sentencing hearing is slated for June 9.

Document: Vehicle Wanted in Connection to a Non-Fatal Shooting Offense

Metropolitan Police Department detectives are asking for the public’s help in locating a vehicle in connection to a non-fatal shooting offense that occurred on Feb. 11, on the 2200 block of Alabama Avenue, SE.

According to a press release, at about 1:24 pm officers located evidence of a shooting but no victim. The MPD was later notified of a walk-in shooting victim located at a local hospital.

Document: MPD Officer Involved Shooting

Metropolitan Police Department detectives are investigating an officer involved shooting that occurred on Feb. 10, on the 1300 block of Good Hope Road, SE.

According to a press release, at about 9:54 am, officers located a female victim suffering from non-life threatening injuries. During the investigation, officers found that the victim and the suspect were involved in an argument. After striking the victim with a metal box, the suspect fled the scene before MPD’s arrival.

An officer was searching for the assault suspect throughout the preliminary inquiry. An individual was seen by the officer entering the passenger side of a parked car. The policeman approached the man because he thought he might be the assailant. The individual was repeatedly ordered by the officer to get out of the car and cease reaching.

In response to the subject’s refusal to obey, he reached for his belt. The person was struck by the officer’s single gunshot. The guy was taken out of the car and handcuffed. He was sent to a neighborhood hospital for treatment. The patient had a quantity of suspected cocaine in his possession while he was receiving treatment.

On Feb. 10, 38-year-old Steven Shaw was arrested and charged with possession with intent to distribute cocaine.

On the same day, 59-year-old Wallace Lewis was arrested and charged with assault with significant bodily injury and threats to do bodily harm in connection the assault.

The MPD officer involved was placed on administrative leave.

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

Metropolitan Police Department detectives are asking for the public’s help in locating suspects in connection to a non-fatal shooting that occurred on Feb. 7, on the 300 block of Ridge Road, SE.

According to a press release, at about 10:59 pm, officers located an adult male suffering from a gunshot wound. Officers located an adult male suffering from a gunshot wound.

The victim was transported to a local hospital for treatment of non-life-threatening injuries.

Representation of Jury Pool Questioned in Multiple Cases

DC Superior Court Judge Marisa Demeo presided over a Feb. 10 motion hearing which discussed a pervasive issue in 23 different felony cases.

All cases involved in the motion hearing selected their juries during the COVID-19 pandemic, leading defense counsel to question the representation of the jury pools.

The defendants in these cases invoked their right to a trial by jury in which the jurors represent a fair cross-section of the community. In order to determine if their fair cross-section rights were violated, the defendants’ requested necessary materials relevant to the jury selection process.

The court expects to depose Avenu, the third party company that assisted in the jury selection process, said Judge Demeo.

Judge Demeo said that she assumes the parties will be able to agree on a proposed protective order for Avenu that won’t disclose any of their proprietary information.

She acknowledged that this process has been ongoing and unclear, and she expressed her hopes that the deposition will occur in a “timely fashion.”

Since the hearing was centered around a litigation issue, all defendants’ appearances were waived, including the 11 defendants involved in homicide cases.

Isaac Moye, 54, is charged with second-degree murder for allegedly killing 24-year-old Unique Harris. Harris appeared to be missing when she was not found in her home on the 2400 block of Hartford Street, SE. Harris has been missing since Oct. 9, 2010, and was presumed dead in 2018, although her body has still not been found.

Carson Posey, 23, is charged with first-degree murder while armed for allegedly killing 28-year-old Shantal Hill on April 15, 2020, on the 1200 block of North Capitol Street, NW.

Tony McClam, 25, is charged with first-degree murder while armed against a minor, three counts of possession of a firearm during a violent crime, two counts of assault with intent to kill, and carrying a pistol without a license outside a home or business. McClam, allegedly killed 11-year-old Karon Brown on July 18, 2019, on the 2800 block of Alabama Avenue, SE.

Ch’Juan Robinson, 25, is charged with first-degree murder while armed, possession of a firearm during a violent crime, and two counts of unlawful possession of a firearm for allegedly killing 32-year-old Louis Kingsbury on the 200 block of New York Avenue, NW on April 29, 2020.

Toney Aiken, 52, is charged with second-degree murder while armed for allegedly killing 23-year-old Kendra Smith on Sept. 6, 2004 on the 4300 block of D Street, SE.

Nathaniel Bates, 38, is charged with first-degree murder while armed, felony murder while armed, robbery while armed, unlawful possession of a firearm after being convicted of a prior crime of violence, and three counts of possession of a firearm during a crime of violence. All charges were offenses committed during release for allegedly killing Eddie Crist, 28, on the 4000 block of South Capitol Terrace, SW on May 8, 2020.

Alphonso Walker, 45, is charged with two counts of first-degree murder regarding the death of Dalonte Wilson, 23, and Antone Brown, 44, on April 25, 2018 near the 400 block of 61 street, NE.

Kaevon Sutton,22, is charged with first-degree murder, possession of a firearm during a crime of violence, carrying a pistol without a license regarding the alleged shooting of Aujee Tyler, 22, on March 19, 2018 on the 3500 block of Station Road, SE.

Thomas Field Jr, 39, is charged with three counts of assault with a dangerous weapon, three counts of unlawful possession of a firearm, four counts of possession of firearm during a crime of violence, kidnapping while armed, three counts of tampering with physical evidence, and first-degree murder while armed for the alleged stabbing of Marquita Lucas, 24, on Aug. 17, 2019 in the 3700 block of Horner Place, SE.

Kenneth Stewart, 61, is charged with first-degree murder while armed and assault with a dangerous weapon for allegedly shooting Courtney Jones, 54, on July 23, 2020 on the 2300 block of Pennsylvania Avenue, SE.

Stephon Darnell Williams, 32, is charged with voluntary manslaughter in the shooting of his 49-year-old father, Stephen Magruder, on Sept. 11, 2020 on the 700 block of 51 Street, NE . Before the shooting, the two reportedly got into an argument over $5 and a physical altercation took place, D.C. Witness previously reported.

The next motion hearing for all the defendants is scheduled for April 14.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Feb. 10, on the 1900 block of 18th Street, SE.

According to a press release, at about 5:52pm, officers located an adult male shooting victim. He was pronounced dead at the scene.

The victim has been identified as 27-year-old Melvin Henderson.

Case Acquitted: Defense Attorney’s Vacation Plans Push Homicide Trial Back to 2024

Tierra Posey was acquitted of all charges on March 20, 2024.

During a Feb. 10 status hearing, defense attorney Kevann Gardner asked for a trial date to be pushed back due to a personal scheduling conflict.

Gardner is representing 25-year-old Tierra Posey, who allegedly murdered 21-year-old Tia Carey on Jan. 6, 2020. The incident occurred on the 2700 block of Minnesota Avenue, SE at a Valero gas station.

Posey has been indicted on second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home/business.

Her trial was set to begin on June 28, but Gardner asked DC Superior Court Judge Marisa Demeo to reschedule because of a family vacation that he had planned for early July.

Judge Demeo granted Gardner’s request and rescheduled the trial for March 11, 2024, which was the earliest available date for both parties.

Both parties agreed to return in September to establish a new schedule for the trial.

A status hearing is scheduled for Sept. 8.

Judge Reschedules Trial for Homicide Case Due to Defense’s Conflict

In a status hearing on Feb. 10, DC Superior Court Judge Robert Okun rescheduled a trial start date in a homicide case because one of the defense attorneys is serving as replacement counsel for a 2020 case.

Dennis Chase allegedly shot Anthony Orr, 30, on Dec. 7, 2020, on the 400 block of Xenia Street, SE. Orr was shot in the head and then pushed out of a car.

Chase was originally charged with second-degree murder while armed but was indicted for first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction.

Judge Okun pushed back the trial start date by roughly 6 months as defense attorney Megan Allburn is serving as replacement counsel in a trial for a 2020 case that is expected to take around two to three months.

Judge Okun has scheduled the new trial start date for Sept. 23, 2024. The trial is expected to last two weeks.

The next status hearing is slated for April 14.

Judge Arraigns Defendant on Indictment Charges in Homicide Case

On Feb. 10, DC Superior Court Judge Robert Okun arraigned a defendant on 11 charges in a felony arraignment hearing for a homicide case.

Juan Peterson is charged with first-degree murder while armed in connection to the shooting of four individuals on May 15, 2021, on the 3900 block of Minnesota Avenue, NE. Only one of the victims, later identified as 28-year-old Lester Howard, succumbed to their injuries.

Peterson, 32, was arraigned on first-degree murder, three counts of assault with intent to kill while armed committed during release, three counts of possession of a firearm during a crime of violence committed during release, second-degree cruelty to children committed during release, and two counts of accessory after the fact while armed committed during release.

Peterson pleaded not guilty to the charges listed and is currently being held at the DC jail.

The next status hearing is slated for March 9.

Defendant Continues to Push for New Counsel in Murder Case

During a status hearing on Feb. 10, DC Superior Court Judge Maribeth Raffinan allowed a defendant to search for new counsel.

Tony Morgan, 29, and Martinez Raynor, 23, are being held for allegedly shooting Malik McCloud, 19, on Oct. 20, 2018, on the 3500 block of Wheeler Road, SE.

Morgan is charged with first-degree murder while armed, conspiracy, first-degree murder while armed under aggravating circumstances, two counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, and unlawful possession of a firearm.

Raynor is charged with first-degree murder while armed, conspiracy, felony murder while armed under aggravating circumstances, two counts of possession of a firearm during a crime of violence, two counts of carrying a pistol without a license outside a home or business, and possession with intent to distribute a controlled substance while armed.

In a previous hearing earlier this week, Morgan said he wanted new representation in his case.

According to defense attorney Lisbeth Sapirstein, Morgan had a change of heart after that hearing and was considering keeping her as his attorney.

After an ex-parte between Sapirstein, Morgan, and Judge Raffinan, Morgan decided he would still like new representation.

Raynor’s defense attorney, Ronald Resetarits, said he wished to sever the co-defendants, and have Raynor tried separately due to potential conflicts with Morgan gaining new representation. As of Feb. 10, the defendant’s are slated for trial on July 3.

Judge Raffinan denied the severance, saying both the prosecution and Sapirstein believed that the current trial date should still work.

The prosecution requested that they be notified of the new counsel for Morgan, so they can send the appropriate documents. Judge Raffinan granted this order.

The parties are scheduled to return on Feb. 16 for a status hearing.

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