Defendant Unable to Attend Hearing Due to Conflict at DC Jail

DC Superior Court Judge Robert Okun ruled at a felony status conference hearing on Feb. 3 that the hearing should be rescheduled due to an undisclosed issue at the DC Jail, leaving the defendant unable to attend.

Marcus Barringer, 31, is charged with second-degree murder while armed for allegedly murdering Rashad Davis, 32, on May 6, 2022, on the 2300 block of Nicholson Street, SE.

Defense attorney Lisbeth Sapirstein said the hearing should be moved because of discussions that Barringer may wish to represent himself with Sapirstein as his advisor.

The prosecution had no objections and agreed the hearing should be moved.

The parties are scheduled to return for a felony status conference hearing on Feb. 10.

Judge Reduces Release Conditions for Homicide Defendant

DC Superior Court Judge Robert Okun reduced the release conditions for a homicide defendant in a felony status conference hearing on Feb. 3.

Gary Rush, 40, is charged with second-degree murder for allegedly killing Keena Dowtin on Sep. 20, 2020, at Fort Dupont Drive and Fort Davis Drive in Southeast, DC. Rush has been under the high intensity supervision program (HISP) since January of 2022.

Pretrial services stated that Rush has been compliant, checking in once per week in person.

Defense attorney Nathaniel Mensah requested that Rush check in with pretrial services by phone in order to avoid disrupting the defendant’s work schedule.

The prosecution suggested a hybrid compromise where Rush would check in by phone weekly and in person once per month.

Judge Okun granted the change in release conditions, ordering the defendant to check in with pretrial services in person once a month and otherwise by phone.

Rush is scheduled to return to court on March 3.

Judge Orders Attorney of Man Convicted of Sex Abuse to Bring Him to A Medical Facility

During a Feb. 2 hearing, after DC Superior Court Judge Rainey Brandt was notified that a sex abuse defendant was not in full compliance of his probation conditions, she ordered his attorney to take him to an urgent care center following the court hearing.

On Nov. 16, 2022, Josue Salmeron was discharged from jail after he pleaded guilty to a misdemeanor charge for sex abuse of a child or minor in January of 2022. The defendant was initially sentenced in June of 2022, but the sentence was amended in November to three years of supervised probation with other conditions, including registering as a sex offender, attending an inpatient drug treatment program, attending a sex offender counseling group, and receiving a mental health screening and evaluation if deemed necessary by the Court Services and Offender Supervision Agency (CSOSA).

A representative from the CSOSA agency said he would arrange for the 20-year-old defendant to have a mental health and drug assessment.

The defendant was permitted to continue living with his mother. Since moving back in with his family, the defendant has taken both good and bad actions, the representative said.

He is in a stable household, has weekly visits three times a week, and communicates effectively, the representative said.

The defendant said he also has a job at Panera Bread, but he hasn’t given CSOSA a copy of his pay stub for proof of employment.

Salmeron has also attempted to receive therapy for sex offenders, but the clinician has missed appointments and the defendant is awaiting a new appointment date.

Along with this news, the representative said the defendant has also failed to report for drug testing five times since November 2022, when he was initially released.

The representative said he worries that the defendant struggles to complete tasks on his own and has no sense of value. He said the defendant has displayed signs of deep depression symptoms.

The prosecutor emphasized the advances in the defendant’s compliance in important areas with finding employment. He says that getting a job can make it easier for him to live on his own since the defendant lives in the same house as the victim.

However, he still needs to comply with other requirements, the prosecutor said.

Johnathan Lanyl, the defendant’s defense attorney, said the defendant is seeking a means of numbing his suffering and suggested hiring psychologists to improve his mood.

According to court documents, Salmeron engaged in sexual contact, which included touching an 11-year-old child’s breasts on two occasions in 2021.

Judge Brandt required the defendant to provide the CSOSA representative with proof of employment and documentation of mental health intervention prior to the next court date.

She emphasized that she is willing to try and work with him and that she won’t give up on him.

Because Salmeron demonstrated that he will not permit himself to feel better, Judge Brandt requested that he one day be able to stand up and look in the mirror at himself.

The next court date was scheduled for March 2.

Defense Requests to Reschedule Hearing After Private Conversation with Judge

After a confidential conversation with D.C. Superior Court Judge Robert Okun, a murder defendant, and his attorney decided to reschedule their Feb. 2 hearing.

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

Williams and his defense attorney Marnitta King spoke privately with Judge Okun while in court. The details of that conversation, unknown to the rest of the parties, led Williams and King to postpone the hearing in which he would decide on his waiver of his rights to conduct DNA testing on test the prosecution’s evidence.

According to court documents, after officers arrived on the scene they discovered two victims, one with a graze wound to the midsection of his body and Roache with 10 sustained gunshot wounds.

The trial is currently scheduled to begin on July 24, however, Judge Okun warned the defense that he was unable to accommodate that date. He said he could give the case to a judge who could accommodate the trial date currently set.

The defense didn’t wish to change judges, so they decided to reschedule the trial to begin on Sept. 5, estimating it would last about a week.

All parties are scheduled to reconvene on March 8.

Murder Defendant Unable to Appear Due to Positive COVID Test

Due to a positive Covid-19 test, a murder defendant was quarantined at the DC Jail and unable to appear in person or virtually for his status hearing in front of D.C. Superior Court Judge Robert Okun.

Ranje Reynolds, 25, is charged with first-degree murder while armed in connection with the shooting of 27-year-old Tarek Boothe that occurred on Jan. 31, 2022. According to a press release, Metropolitan Police Department (MPD) officers responded to a reported shooting on the 3200 block of M Street, NW. They found Boothe with a single gunshot wound to the head in his left eye. He was pronounced dead at a local hospital.

Reynolds was unable to appear in court today due to a member of his cell block unit testing positive for Covid-19, causing the entire unit to be quarantined.

Reynolds’s defense attorney, Cheryl Stein, spoke with the prosecution and court clerk before Judge Okun entered the courtroom to find the closest date to reschedule the hearing.Three of Reynolds’s family members flew into D.C. for this hearing.

Judge Okun agreed to accommodate the defense’s request and reschedule the hearing for Feb. 10. All parties are to reconvene then.

Reynolds’s in-person presence is not guaranteed, depending on if more members of his cell block test positive, consequently resetting the quarantine clock. However, this will give the court and the defense more time to arrange for his virtual appearance if necessary.

Defense Attorney Alerts Judge of Intent to File Motion to Sever

Five co-defendants appeared in front of D.C. Superior Court Judge Robert Okun on Feb. 2 to continue preparing for their trial.

Erwin DuBose, 28, and Kamar Queen, 25, are charged with 21 counts, including first-degree murder, assault with intent to kill while armed, possession of a firearm during a crime of violence, conspiracy, unlawful possession of a firearm, and assault with significant bodily injury while armed in connection to the shooting of Donetta Dyson, 31, Keenan Braxton, 24, and Johnny Joyner, 37. Three other victims were injured in the alleged shooting.

Damonta Thompson, 26, is charged with first-degree murder, assault with intent to kill, conspiracy, and assault with significant bodily injury while armed.

Toyia Johnson, 50, and Mussye Rezene, 30, are charged for allegedly tampering with physical evidence and for being an accessory while armed after the incident occurred.

Johnson’s defense attorney, David Akulian, informed Judge Okun that he intended to file a motion to sever Johnson from her co-defendants as her charges are significantly less than theirs, and she was not present at the scene of the crime.

Queen’s defense attorney, Brian McDaniel, informed the prosecution that he would be reaching out on behalf of his defendant to obtain the paperwork needed to get Queen’s glasses, currently being held in evidence, back to him as he awaits trial.

The alleged shooting occurred on Sept. 4, 2021, on the 600 block of Longfellow Street, NW. An officer of the Metropolitan Police Department (MPD) was in the area when he heard gunshots. He canvassed the area and located six victims.

Dyson, Braxton, and Joyner, while en route to a local hospital, succumbed to their injuries. The three remaining victims arrived at the hospital, were treated for their injuries, and have since been released.

The defense attorneys for the co-defendants have yet to receive the prosecution’s evidence for this case. They requested that Judge Okun schedule the next hearing far enough in advance for them to receive and review the evidence.

All parties are scheduled to return to court on April 14 for a status hearing. The trial is set to begin in April 2024.

Defendant Arraigned on Indictment Charges in Murder Case

A murder defendant was arraigned on multiple indictment charges during a Feb. 2 hearing.

Christian Johnson, 31, is being charged with first-degree murder in connection to a shooting that occurred on the 1000 block of Kenilworth Avenue, SE on Nov. 25, 2021. The shooting resulted in the death of Lavonte McCloud, 25.

Both McCloud and Johnson are said to be the father of children to the same woman. Witnesses said there was a tense relationship between the two.

According to the Metropolitan Police Department (MPD), McCloud is also said to have been a validated member of the Kenilworth Crew, a neighborhood group known to police.

Johnson is currently released to home confinement.

Defense attorney Dominique Winters was hesitant to set a date for trial without reviewing relevant information and opted not to at this hearing. In addition, Winters made two requests of modification to her client’s home confinement conditions in order for Johnson to meet with her and to get a haircut.

DC Superior Court Judge Robert Okun accepted the request for counsel meetings, but rejected the request for a haircut.

The prosecution and Judge Okun said they believe the defendant is too dangerous to be in public at this time.

The next hearing was scheduled for March 17.

3 Co-Defendants in a Murder Case Waive Right to Independent Testing

Three murder defendants waived their right to independently test DNA evidence on Feb. 2 ahead of their trial.

Vorreze Ricardo Thomas, 25, and Delonta Stevenson, 27, are charged with first-degree murder while armed premeditated in connection to the fatal shooting of 31-year-old Terrance Allen on Jan. 18, 2021, on the 3000 block of Stanton Road, SE.

Alongside them, Brianca Phillips, 25, is charged with conspiracy, first-degree murder while armed, and possession of a firearm during crime of violence.

According to the prosecution, more than 100 pieces of evidence were collected in the case and tested for DNA evidence. The results of those tests were returned and shared with all defense attorneys.

According to the three attorneys, none of the defendants will go through with independent DNA testing of the evidence. They all understand the implications of their decision to waive their rights.

The trial is set to begin on May 15, and the next status hearing is scheduled for April 7.

Judge Releases Homicide Defendant to Home Confinement

On Feb. 2, DC Superior Court Judge Maribeth Raffinan released a murder defendant to house arrest.

Desmond Gaskin, 37, is charged with second-degree murder for allegedly shooting 40-year-old William Whittington Jr. on July 19, 2022, on the 400 block of Burbank Street, SE.

The order for release came after Judge Raffinan found probable cause on Feb. 1 that Gaskin could have committed the offense.

A prosecutor said Gaskin was eligible to be released to his mother’s home under the High-Intensity Supervision Program (HISP).

Judge Raffinan agreed with the terms of release, which included ankle monitoring.

Gaskin is to be released Thursday. He will have to return back to court Friday, Feb. 3, for an orientation.

Judge Raffinan scheduled a follow-up to check the defendant’s compliance to determine if he is eligible to be released from the program.

The next hearing is scheduled for March 3.

Sex Abuse Trial Closes 3 Days Earlier Than Expected

Three days earlier than anticipated, a sex abuse trial concluded with closing arguments on Feb. 1.

The case, which had been unsolved for years, involved a 47-year-old defendant who is charged with first-degree burglary, kidnapping, assault with intent to commit first-degree sexual abuse with force, robbery, and two counts of first-degree sexual abuse while threatening the victim in connection to a sex assault on June 12, 2010, on the 1700 block of Lanier Place, NW.

The prosecutor told the jury that the defendant broke into the victims home in the early hours of June 12, 2010, forced himself on the victim and a struggle ensued. The victim was able to scratch the attackers face.

The DNA profile identified the defendant, said the prosecutor.

She said the victim’s phone was also stolen during the offense, which also led back to the defendant since there were several calls made to known associates of the defendant.

The prosecutor said DNA testing was conducted on Nov. 5, 2010, which resulted in the tests coming back that a mixture of DNA was found from under the victims fingernails. The contributor was both the victim and one male, in which the defendant could not be excluded.

“It’s important to know the difference between evidence and argument,” defense attorney Thomas Healy told the jury.

He argued that the investigation in this case wasn’t thorough.

The victims ear was not swabbed for DNA, the book that slipped and hit the suspects head, the picture frame that also was claimed to have been touched, the bed sheets, and the cell phone cord where the phone was charging at the time of the offense were never swabbed, he said.

“Because of their poor investigation, we are here today,” Healy continued.

The jury began deliberations on Feb. 2.

Judge Grants Prosecution’s Request For Pretrial Hold in Murder Case

Even though evidence weighed in the defendant’s favor, DC Superior Court Judge Maribeth Raffinan granted the prosecution’s request for a pretrial hold to guarantee the community’s safety.

On Feb.12, 2020, Metropolitan Police Department (MPD) responded to a shooting on the 800 block of 51st Street, SE. Ky’lee Palmer is charged with first-degree murder while armed, assault to kill while armed, possession of a firearm, tampering with physical evidence, and destruction of property worth $1,000 or more for allegedly shooting 60-year-old Barron Goodwin. Palmer is also charged with kidnapping while armed and unlawful possession of a firearm with a prior conviction in another case.

Palmer, 23, was not connected to the shooting until 2022 after he was arrested regarding an armed kidnapping. He also rejected a plea offer on Jan. 25 for murder and two of the eight charges from the two cases.

During a felony status conference on Feb.1, Judge Raffinan changed Palmer’s $500 cash bond to pre-trial detention.

Judge Raffinan said she had serious concerns regarding Palmer’s criminal history and characteristics leading her to believe that pretrial detention is the right choice for the community’s safety even though the evidence provided is in Palmer’s favor.

Attorney David Akulian, on behalf of Palmer, requested for a trial date to be set as soon as possible.

Due to a conflict with Palmer’s other case, parties were not able to schedule a trial date. The defense will request a date after a pending trial for another case is resolved.

A status hearing is scheduled for May 19.

Sexual Assault Defendant Waives His Right to Preliminary Hearing, Case Bound for Grand Jury

On Feb. 1, a defendant in a sexual assault case waived his right to a formal reading of his charges, thus forfeiting his preliminary hearing.

The defendant, a home health aid, was charged with allegedly sexually assaulting his patient on Nov. 17 2022. The victim is an elderly woman who suffers from dementia and requires 24-hour care.

Later that night, the assault was witnessed over video footage collected by the patient’s daughter. The daughter was reviewing film on the home camera to find proof of her mother falling the night of the Nov. 16, but rather, found evidence of the assault.

At the start of the hearing, DC Superior Court Judge Anthony C. Epstein brought attention to the fact that the defendant’s attorney, Peter Odom, was supposed to step away from the case.

It was previously determined in a status hearing that Odom would be stepping down from the case and another attorney would take the role as case lead. However, due to the defendant’s financial situation he was unable to secure said attorney as counsel.

Also, Odom said the defendant requires an interpreter for all his legal interactions –– something he has experience with. Because of his familiarity with the issue, Odom said he would take the case pro-bono.

It is unknown if the alternative attorney will join the case periodically as co-counsel.

After the defendant and his legal team waived their right to a preliminary hearing the prosecution said they will extend a plea offer in the upcoming weeks.

The date of the next hearing has yet to be determined.

Defense Files Motion to Suppress Use of Defendant’s iCloud Data In Trial

A murder defendant appeared in front of D.C. Superior Court Judge Anthony C. Epstein on Feb. 1 to discuss a pending motion in his case.

Joshua Emmanuel Franklin was indicted on three charges including first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm, all committed during his release, in connection with the shooting of Andrew Session on Jan. 21, 2021, on the 4400 block of 3rd Street SE. He pleaded not guilty to all three charges.

Franklin, 37, and his defense attorneys, Steven Ogilvie and Jason Kalafat, appeared in court and brought their pending motion to suppress to Judge Epstein’s attention.

D.C. Witness previously reported that a detective on the case testified that Franklin’s cell phone was collected at the scene of the crime. The prosecution searched his cell phone, as well as the iCloud data from his current and all previously owned cell phones.

In addition, the prosecution searched the data of his daughter’s cell phone while accessing Franklin’s iCloud data. As a result, Ogilvie filed a motion to suppress the use of the iCloud data, both from Franklin’s devices and his daughter’s phone, arguing that it extended beyond the scope of the incident.

Ogilvie questioned if Franklin’s daughter consented to the search of her data.

In response, the prosecution questioned if Franklin has any standing to challenge the search as he has no legal custody of his daughter.

It is unclear whether or not the prosecution’s warrant to search Franklin’s device also included the right to search his iCloud data or information on his daughter’s account.

Judge Epstein did not rule on the motion, and the parties agreed to schedule an evidentiary hearing so the defense may bring in witnesses to demonstrate that the prosecution exceeded what data they were allowed to search.

Ogilvie said he estimates he will call two to three witnesses, one of them being Franklin’s daughter.

All parties are scheduled to return for the hearing on May 18.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Feb. 1, on the 4500 block of Benning Road, SE.

According to a press release, at about 8:02 pm, officers located 45-year-old Marcus Jones suffering from an apparent gunshot wound. He was pronounced dead at the scene.

Document: Arrest made in a Southeast Homicide

Metropolitan Police Department detectives made an arrest that occurred on Feb. 1, inside of the Potomac Avenue Metro Station.

According to a press release, at about 9:19 am, officers responded to the report of gunshots at the Potomac Avenue Metro Station. Officers arrived and discovered two male shooting victims.

The suspect brandished a handgun and engaged in an altercation with a male victim on a Metrobus. After getting off the bus, the suspect fired his weapon at the victim. The victim was taken from the scene and brought to a nearby hospital.

The suspect then entered the Potomac Avenue Metro Station and fired the handgun again striking the second victim.

A WMATA employee made an effort to stop the suspect and intervene, but was fatally shot by the suspect.

The suspect was disarmed by passengers on the Metro rail car.

The decedent has been identified as 64-year-old Robert Cunningham.

On Feb. 1, 31-year-old Isaiah Trotman was arrested and charged with first-degree murder while armed, kidnapping while armed and assault with a dangerous weapon.

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