Delays in DNA Testing May Cause Issues with Trial Date

During a status hearing on Feb. 17, DC Superior Court Judge Robert Okun addressed the defense’s concern over DNA testing and the effect it could have on the trial date.

Malachi McFarland, 23, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting Kerry Odoms, 29, on April 15, 2021, on the 3300 block of 10th Place, SE.

Odoms was allegedly shot by McFarland and another individual after surveillance footage shows them with a larger group hanging out in a parking lot.

Footage also shows Odoms searching through McFarland’s vehicle and putting on a jacket that had been in the car.

After McFarland allegedly shot Odoms multiple times, another individual came up and continued shooting.

During the hearing, the prosecutor said she sent over a list of evidence that she plans to use at trial, which the defense had been waiting on.

The prosecutor also said she received a USB drive containing phone data from the FBI this morning and will send a copy over to the defense.

The prosecutor asked for a private conversation excluding the defense, between her and Judge Okun to discuss why some information has yet to be provided to the defense, which could relate to DNA evidence.

Defense attorney Jacqueline Cadman expressed concerns with the upcoming trial date since the defense has still not been able to conduct their own DNA testing with an independent party.

Cadman said that she was unsure if the trial, which is scheduled for November, would still remain on track due to the amount of time the defense would get with the DNA samples.

Judge Okun scheduled a status hearing to determine a more accurate estimate on whether or not the trial should need to be rescheduled.

The parties are scheduled to return April 14.

Attorneys Deliver Opening Statements After Four Year Delay

Trial is finally underway, almost five years after the murder of 10-year-old Makiyah Wilson.

Gregory Taylor, 27, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 23, and Marquell Cobbs, 21, are six of 10 defendants charged with first-degree murder, criminal street gang affiliation, conspiracy, possession of a firearm during a crime of violence, assault with intent to kill, and other charges regarding a fatal drive-by shooting that resulted in Makiyah’s death. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018.

After a lengthy jury selection process, the prosecution and defense presented their opening statements.

During the prosecution’s opening statement, the prosecutor pointed to the six defendants and told the jury that they were the reason the Clay Terrace neighborhood had been negatively impacted.

The prosecution explained that, on the date of the incident, Makiyah and her older sister, who also endured a gunshot to her arm, spent the day together and, at the time of the shooting, were waiting for their mother to finish styling someone’s hair outside their house in Clay Terrace.

The prosecution also explained that the issues between the gangs did not begin in July of 2018.

She said there had been several shootings and incidents between the gangs for years, and the shooting of July 16, 2018, was in retaliation to incidents that had occurred prior.

“The beef” between the gangs had been mostly conducted through social media, she said, continuing with “online beef was transformed into real life acts of violence.”

She said the defendants pledged their allegiance to the gang through messages, songs, and the clothing they wore, which will be shown as evidence exhibits to the jury.

This ongoing conflict between the two gangs is inevitably what resulted in Makiyah’s murder.

The prosecution stated that Makiyah could be seen in several of the Glizzy Murder Gang’s rap videos on Youtube. One in particular, Traffic, created by Lil Dude included slander towards the 37th Street Crew.

According to the prosecution, on the days leading up to Makiyah’s murder, the defendants bought guns, cars, and hired a getaway driver. They posted everything to Instagram to send a message to rival gangs.

After the shooting at Clay Terrace, the defendants met up at Wellington Park to celebrate with other Wellington Park members, which can be seen on surveillance video, the prosecutor said.

The prosecution ended their opening statements by telling the jury that a guilty verdict is the only verdict that is acceptable for these acts.

During Thursday’s trial each defense attorney also took a turn delivering their opening statements.

“Try him, not the Wellington Park [Street Gang].” said defense attorney John Zucker in reference to his client Gregory Taylor.

He said “this case is going to affect you and that effect is going to stay with you long past this trial is over.” Zucker urged the 18 jurors to refrain from succumbing to their fear of the crime and allow the evidence to speak for itself.

The defense pointed out that the common theme connecting each defendant is their connection to the DC underground music scene.

Defense attorney Kevin J. McCants delivered the opener for Cobbs, saying his client was just a “17-year-old kid involved in rap videos,” not the murder of a 10-year-old child.

To this point, Errin Scialpi, Quentin Michals’ attorney, said that “these are not gang members, these are musical artists” and that Michals was only a fan of the music they created.

Julie Swaney, defense attorney for Thomas, said that the evidence delivered by the prosecution, including social media posts and direct messages should not be a reflection of their character. Swaney said “social media is not real life,” that it is simply young people wanting to portray things that aren’t a true representation of themselves.

After each opening statement the prosecution called the first witness, Makiyah’s mother, who said her daughter “was everything.”

When the prosecution asked her to describe her daughter, the witness said “she was an angel on Earth before she went to heaven.”

Every defense attorney decided not to question the witness. Once relieved from the stand, she retreated from the courtroom in tears.

Present for these opening statements were several family and community members. Both sides of the courtroom were filled with supporters for both the defendants and victim. Inside the courtroom, members for the defendants and the victim were also separated with multiple US Marshals stationed in the courtroom for security.

Due to the media attention on this case, there was also a separate viewing room for audience overflow.

The trial is set to resume on Feb. 21.

Second-Degree Murder Defendant Prepares for Trial

Trial is scheduled to begin in April for the murder of a 25 year old.

Carlos Kinney, 23, is charged with second degree murder while armed for allegedly shooting Resha Blount on April 30, 2020, at the 900 block of New Jersey Avenue, NW.

DC Superior Court Judge Anthony Epstein told counsel Feb. 17 that their pre-trial motions were due by Feb. 24, so that each party has time to respond by March 10.

Based on these motions, the judge said he would decide if it is necessary to hold an evidentiary hearing.

A trial readiness hearing is scheduled for April 14.

Judge Delays Motion Deadline in Homicide Case

At a status hearing on Feb. 17, DC Superior Court Judge Robert Okun pushed back the deadlines for motions and opposition responses in a homicide case by a month.

Tyree Irving, 26, is charged with first-degree murder while armed for allegedly shooting 22-year-old Davane Williams.

During the hearing, Irving’s defense attorney Madalyn Harvey and the prosecution requested an extension for the deadline to allow for further preparation. The new deadline for motions is April 4 and the deadline for opposition responses is May 26.

According to the Metropolitan Police Department (MPD), the shooting took place on Jan. 15, 2019, on the 1200 block of North Capitol Street, NW. Officers found Williams suffering from multiple gunshot wounds. He eventually succumbed to his injuries.

Judge Okun also granted the defense’s request that Irving’s presence at the next hearing be waived. As the next hearing is for scheduling purposes, Irving’s presence was not deemed necessary.

The next hearing is slated for March 17.

Counsel Argues Over Access to Names in Homicide Case

In a status hearing on Feb. 17, DC Superior Court Judge Robert Okun granted the defense’s motion for reconsideration, requiring the prosecution to provide the defense with access to the names for the surviving victim and witnesses.

Terrance Oxner, 23, and Aaron Adgerson, 19, are both charged with first-degree murder premeditated while armed for their connection to a mass shooting on the 1400 block of Good Hope Road, SE. The shooting resulted in the death of Edward Wade, 22, on Jan. 25, 2021.

Oxner is also charged with conspiracy, seven counts of possession of a firearm during a crime of violence, three counts of assault with intent to kill while armed, aggravated assault knowingly while armed, and unlawful possession of a firearm due to a prior conviction. All offenses were committed during release.

Adgerson is also charged with conspiracy, three counts of assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of assault with significant bodily injury while armed.

At the hearing, Oxner’s defense attorney, Madalyn Harvey, expressed frustration with the prosecution’s refusal to provide the names of the witnesses and the surviving victim, which she needs for lab testing of DNA evidence.

The name requirement for testing appeared to be an issue that neither the defense nor Judge Okun had seen before.

“This seems to be a manufactured issue,” said Harvey.

Harvey also said the defense was constitutionally entitled to the names of the surviving victim.

Adgerson’s attorney, Stephen Logerfo, agreed with Harvey’s statements and the request.

The prosecution said the names would not be provided until much later, approximately one month before the trial was set to start.

However, Judge Okun granted the defense’s motion and ordered that the names be given to the defense sooner.

The prosecution is required to provide names within 10 days of receiving a protective order for the surviving victim in order for DNA testing to proceed.

The parties are scheduled to return May 19 for a status hearing.

Judge Holds Sex Abuse Defendant During Initial Hearing

DC Superior Court Judge Renee Raymond held a sex abuse defendant on Feb. 16.

The defendant is charged with first-degree sex abuse and assault with a dangerous weapon in connection to an incident that occurred on Feb. 15 on the 4400 block of Clay Street, NE.

According to court documents, Metropolitan Police Department (MPD) officers were dispatched to a location for the report of a domestic dispute.

The victim told officers that she observed someone trying to “rob” the defendant while he was intoxicated and offered to walk the defendant home. She said the defendant invited her into his home.

The victim told officers that once inside, she was repeatedly stabbed and sexually assaulted by the defendant.

After the sexual abuse occurred, the 68-year-old defendant allegedly attempted to patch up some of the stab wounds on her body, according to court documents.

The is scheduled to return to court on Feb. 21.

Judge Releases Defendant Charged with Accessory After the Fact

A DC Superior Court judge released a defendant charged with accessory after the fact on Feb. 15.

Nakia Pearson, 29, is charged with one count of accessory after the fact for allegedly aiding Antoine Tucker, knowing that he had committed a crime.

Tucker, 39, was charged with first-degree murder while armed in connection to the death of Vernon Harrison on the 2800 block of Alabama Avenue, SE on June 22, 2022.

Pearson was released with two stay-away orders and GPS monitoring.

She is scheduled to return to court on March 1.

A total of 38 defendants were presented before Judge Renee Raymond on Feb. 15.

Two domestic violence defendants were released with stay-away orders by Judge Raymond. Their charges include obstruction and simple assault. They are both scheduled to return to court in March.

Judge Raymond held a domestic violence defendant charged with destruction of property less than $1,000. The defendant is held on a bond of $50. He has two stay-away orders. The defendant is scheduled to return to court on March 7.

Judge Releases Defendant in Homicide Case After Determining Eligibility

During a felony status conference on Feb. 16, DC Superior Court Judge Maribeth Raffinan released the defendant in a homicide case after his eligibility for the high-intensity supervision program (HISP) and house arrest were determined.

Julian Ruffin is charged with second-degree murder for allegedly stabbing 38-year-old Alphonso Lee on Oct. 7, 2022, on the 1500 block of Butler Street, SE. According to Metropolitan Police Department (MPD) records, Ruffin and Lee got into an altercation surrounding the ownership of the defendant’s car. After Lee followed him into his home and punched him, Ruffin allegedly ”lost his mind” and stabbed Lee.

In a preliminary hearing on Feb. 15, Judge Raffinan accepted the defense’s request that Ruffin is released on 21-day home confinement and then transferred to HISP. However, his eligibility for the program had to be determined before the defendant could be released.

At the hearing on Feb. 16, Judge Raffinan announced that Ruffin, 32, was indeed eligible for home confinement and HISP.

After the 21-day period has concluded, Ruffin will remain released under HISP with a curfew and a GPS monitoring device. The prosecution did not propose any further conditions for Ruffin’s release.

The next status hearing is slated for April 24.

Suppression of Suspect Identification Denied

In a Feb. 16 hearing, DC Superior Court Judge Rainey Brandt denied the defense’s motion to suppress an identification made by a witness in a double-homicide case.

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

Defense attorneys Prescott Loveland and Kevann Gardner argued that the circumstances in which the identification was made were suggestive. They said the police officer threatened the witness with jail time if the witness did not give a positive identification, and made highly suggestive comments that the person she needed to identify was Walker.

However, the judge and the prosecution both discussed that Walker had a sexual relationship with the witness. Because the witness knew Walker very well, the judge ruled that the suggestive nature of the identification did not reach the threshold for suppression.

An additional issue was brought up by Loveland and Gardner during a private conversation with Judge Brandt. They discussed a severe medical issue. It is currently unclear who is afflicted by the medical issue and what the details of the issue are.

Judge Brandt saw this issue as significant enough to reschedule opening statements to Feb. 27. Jury selection is still scheduled to begin next week, Feb. 23.

Defense Requests Body Camera Footage After Defendant is Arraigned in Homicide Case

At a felony status conference on Feb. 16, defense attorney Gemma Stevens requested the body camera footage for a homicide case after DC Superior Court Judge Maribeth Raffinan arraigned the defendant.

Nyjell Outler, 20, is charged with second-degree murder while armed for allegedly shooting Demetris Levar Johnson, 21, on March 20, 2021, on the unit block of Madison Street, NE. The shooting occurred at a gender-reveal party of one of the defendant’s friends.

Stevens also requested Grand Jury testimony.

At the hearing, Judge Raffinan arraigned Outler, 20, on charges of first-degree murder premeditated while armed, two counts of possession of a firearm during crime of violence, and assault with a dangerous weapon, all of which were committed during release.

Outler pleaded not guilty to all of the charges.

According to court documents, after arriving and speaking with a few guests attending the party, Outler leaned against a fence, pulled out a gun, and allegedly began firing at the guests. Two guests were injured, one of which succumbed to their injuries at the scene.

Outler is also facing charges for carrying a rifle or shotgun outside the home or place of business in a 2021 case and two counts of assault with a dangerous weapon and two counts of possession of a firearm during crime of violence in a 2022 case. Both of these cases are being heard by DC Superior Court Judge Heidi Pasichow.

The defense requested that the next status hearings for all three cases be scheduled for the same date.

Judge Raffinan agreed and reported that Judge Pasichow will hear the other two cases on the same day.

The next hearing is slated for March 31.

Detective Testifies That DNA Evidence is Sufficient For Probable Cause in Sex Abuse Case

In a preliminary hearing on Feb. 13, DC Superior Court Judge Marisa Demeo found probable cause in a sexual abuse case.

The 47-year-old defendant is charged with first-degree sex abuse in connection with four different accounts of rape.

Judge Demeo found probable cause for all four incidents based on the victim’s statements, reports, and DNA evidence. She also noted that the victim’s coworker’s hesitation to confirm the victim’s statements could indicate the coworker’s refusal to cooperate with the police.

During Monday’s hearing, the prosecution said the defendant’s DNA was found on a pair of underwear and a paper towel the victim had given to the police from a previous incident. The forensic report found traces of semen.

The prosecution questioned a Metropolitan Police Department (MPD) detective about the details of the case as well as the relationship between the victim and the defendant, which she said did not extend beyond the workplace.

While questioning the detective, the defense made it clear that the victim had not reported the assaults until much later than the first incident. The defense also said that despite the victim’s report of informing a coworker, the coworker denied ever having been informed about the incidents.

Additionally, defense attorney Rachel McCoy requested that Judge Demeo not find probable cause due to errors found in the police report regarding the dates of the incidents as well as lack of corroboration and credibility with another witness who did not testify.

McCoy said there was confusion regarding the complainant’s employment history with the cleaning company, stating that this lack of evidence diminishes probable cause.

Both the defense and prosecution requested that the defendant remains on release under the current conditions of the high-intensity supervision program (HISP), which Judge Demeo granted.

The prosecutor also stated, for the record, that there was a plea offer extended to the defendant, but he rejected it.

Judge Demeo scheduled the next hearing for May 12 in front of DC Superior Court Judge Brandt.

Document: Arrest Made in a Homicide

Metropolitan Police Department detectives made an arrest in connection to the discovery of human remains that was found on Feb. 3, on the 1300 block of Kearney Street, NE.

According to a press release, at about 8:31 am, officers located human remains in the yard of a residence.

On Feb. 15, 32-year-old Lavaughn Barnes was arrested and charged with first-degree murder while armed.

Defendant Rejects Plea Offer in Sex Abuse Case

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

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

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

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

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

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

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

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

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

The next hearing is scheduled for March 31.

Homicide Witness is Potentially Invoking 5th Amendment Rights

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

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

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

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

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

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

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

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

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

Sex Abuse Defendant Seeks Bureau of Prisons Facility Change

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

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

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

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

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

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

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

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

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

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

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

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

The next hearing is scheduled for March 27.

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