Search Icon Search site

Search

Despite A Murder Defendant’s Accomplishments in Jail, Judge Denies His Request for Release

On Jan. 27, DC Superior Court Judge Maibeth Raffinan granted co-defendants’ request to waive their right regarding any DNA testing, but she also denied a defendant’s third request to be released under the High-Intensity Supervision Program (HISP).

Eighteen-year-old Nelfy Hernandez, 20-year-old DeAndre Levy, and 18-year-old Trey Prillerman are allegedly charged with first-degree murder regarding the shooting of a group of teenagers that resulted in the death of Taijhon Waytt, 17. The shooting took place on the 5500 block of 9th Street, NW on Aug.10, 2020. 

During a three co-defendant status hearing, Judge Raffinan granted defendants Levy and Prillerman their request to waive their rights to DNA testing. 

Hernandez’s attorney, Douglas Wood, asked for additional time on whether or not Hernandez would request any DNA testing due to the prosecution’s tests showing Hernandez’s DNA on one of the pieces of evidence recovered. 

There was also noticeable tension between regarding an issue with one of the prosecution’s witnesses. Judge Raffinan along with the attorneys showed concern about the amount of bias and favor the prosecution has since the witness is allegedly charged in another murder case.  

The prosecution said they are working on the matter and will provide the defense with any important information but, as for now, the witness will testify and there are no plea deals between the witness and prosecution.

“I am aware of my obligation,” said the prosecution. 

On behalf of Levy, attorney Thomas Healy narrated the reasoning behind the defendant’s motion for release under HISP, which the defendant has been denied more than once.

Healy said Levy has completed his GED and is attending college for his second semester.

After weighing the factors of the case,  Judge Raffinan acknowledged Levy’s accomplishments however, with the court’s finding of probable cause of Levy being one of the shooters, the danger he imposes on the community has not changed. 

A status hearing is scheduled for Feb. 24. 

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

Metropolitan Police Department detectives are asking for the public’s help in locating a vehicle in connection to a non-fatal shooting that occurred on Jan. 27, on the 1200 block of 49th Street, NE.

According to a press release, at about 2:10 pm, officers located a juvenile male suffering from gunshot wounds.

Judge Denies Defense’s Request to Remove Defendant From HISP

During a Jan. 27 pre-trial show cause hearing, DC Superior Court Judge Maribeth Raffinan denied the defense’s request to have their client’s conditions relaxed from the conditions he was ordered under the High Intensity Supervision Program (HISP).

Gerald Thomas, 19, has been charged with second-degree murder while armed for his alleged involvement in a shooting that left four victims injured and 20-year-old Dasha Cleary dead. The shooting occurred on Jan. 27, 2022, at a Days Inn Hotel on the 4400 block of Connecticut Avenue, NW. Thomas is currently under total home confinement and GPS monitoring for his connection to this incident. 

The prosecutor asked for Thomas to be stepped back to jail due to his recent indictment on several drug-related charges. 

However, defense attorneys Jacqueline Cadman and Aubrey Dillon argued that those indictments don’t change the facts that were presented in this case. They noted that Thomas is enrolled in school, has a job, and is going to drug treatment.

“He’s done everything that we’ve asked him to do,” stated Cadman. 

Judge Raffinan agreed with the defense’s argument that although the indictments in his other cases are important information for her to have, they don’t serve as a basis to send Thomas back to jail. 

However, Judge Raffinan decided not to modify Thomas’s conditions. She said that she’d like to see at least another 30 days of compliance from Thomas before she considers the defense’s request to have his conditions relaxed. Even then, she can’t assure them that the terms of his confinement will be modified. 

A status date was scheduled for March 28. 

Homicide Trial Set to Begin in 2025

DC Superior Court Judge Maribeth Raffinan set a trial date in 2025 for a homicide case involving three co-defendants. 

The co-defendants, 23-year-old Mark Fletcher III, 22-year-old Malik Bynum, and 22-year-old Larry White, are charged with allegedly killing Rosendo Miller, 21. The incident occurred on the 1300 block of Brentwood Road, NE on July 2, 2021. All three co-defendants have been indicted on charges of conspiracy, robbery while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, and first-degree murder while armed. 

According to court documents, the crime was captured on surveillance footage which showed the three defendants attempting to steal items from the victim including his Gucci satchel, Rolex watch, and Dior shoes. Shell casings were also recovered from the scene of the crime. 

The prosecution asked to set a trial date, but Bynum’s defense attorney Pierce Suen argued that a trial date shouldn’t be set before the results of ballistics testing are returned.

However, White’s defense attorney Lisbeth Siperstein, who appeared online for the hearing, said that she was open to setting a trial date. Fletcher’s defense attorneys Gretchen Franklin and Thomas Healy agreed. 

The prosecutor said she also expects DNA testing results to be returned “sometime around April.”

Judge Raffinan instructed the parties to return in May to discuss the DNA results.

A status hearing was scheduled for May 19.

Document: Vehicle Wanted in Connection to Assault. With a Dangerous Weapon

The Metropolitan Police Department’s Sixth District is requesting assistance in locating a vehicle in connection to an assault with a dangerous weapon on the 4500 block of Quarles Street, NE.

On Jan. 26, members of the MPD responded to a report of a shooting where a man suffering from gunshot wounds was found and transported to a hospital for treatment.

Defense in Murder Case Requests 60 Days to File Insanity Defense Notice

During a Jan. 27 hearing, defense attorney Ronald Resetarits requested to push back the next status hearing to file an intent to plea insanity. 

Cory Brown is charged with first-degree murder while armed for allegedly shooting his girlfriend, Latasha Estep. The murder is believed to have occurred on Aug. 7, 2020, on the 1900 block of Good Hope Road, SE. 

Following the defense filing the insanity notice, The Department of Behavioral Health (DBH) will carry out an evaluation to declare Brown’s mental health. Defense attorney Resetarits explained to DC Superior Court Judge Anthony Epstein that this evaluation could take “several months to complete”. 

Brown, 41, was initially charged with second-degree murder, however, the charge was increased during a formal arraignment in February 2022. Additionally, Brown has a previous domestic violence arrest involving Estep, but the case was not prosecuted. 

Brown is currently being held with no bail at the DC Jail. 

Judge Epstein scheduled the next hearing for March 31 to check on the DBH evaluation process. 

Defendant Waived Presence for Murder Status Hearing

On Jan. 27, a defendant waived her presence during a hearing for second-degree murder. 

Wayneice Ellis, 30, is facing charges for second-degree murder while armed for her alleged involvement in a crime that occurred on Oct. 7, 2021, on the 600 block of Parkland Place, SE that resulted in the death of 41-year-old Talaya Wright. 

Ellis did not show up to her hearing due to a transportation issue between the DC Jail and the DC Superior Court. 

Her defense attorney, Quo Mieko Judkins, let DC Superior Court Judge Robert Okun know that the defense and the prosecution were still in plea negotiations and would be ready to discuss them in the next hearing. 

The defendant’s family was present to serve her custody papers for the baby she recently had. They were unable to do so due to her not being present. 

The next status hearing is scheduled for March 17. 

Arraignment Date Set for Second-Degree Murder Case 

DC Superior Court Judge Anthony C. Epstein set an arraignment date for alleged murder suspect Alvin Alexis Cruz-Garcia. 

Cruz-Garcia is charged with the second-degree murder of 38-year-old Ramon Gomez-Yanez on March 23, 2021, on the 1500 block of Ogden Street, NW. 

The Jan. 27 hearing was pushed back an hour due to issues at the court with having a court-appointed Spanish-English translator. 

Defense attorney Kevann A. Gardner had a private translator from his office, yet the prosecutor questioned the regulations regarding private translators and suggested the court wait for the court official. 

The indictment deadline is coming up in March 2023. 

The prosecutor explained to Judge Epstein that she attempted to negotiate a pre-indictment plea after new fingerprint evidence was handed over to the defense. She said the defense did not reply to the offer. 

The original charge brought by the prosecution was second-degree murder, however, the official charges will be pending the review of a Grand Jury indictment. 

Judge Epstein set the next hearing date for March 10. 

Judge Postpones Hearing to Give Prosecution More Time to Review Evidence 

During a Jan. 27 hearing, DC Superior Court Judge Anthony C. Epstein postponed the next status hearing to give the prosecution more time to review pieces of evidence. 

Kirk Spencer, 27, is charged with the murder of Marcus Covington at the Anacostia Metro Station on the 1000 block of Howard Road, SE. Covington, 49, was shot at approximately 1:35 p.m. on Feb. 23, 2021. He was pronounced dead the following morning. Spencer is charged with first-degree murder while armed and possession of a firearm during a crime of violence.

The prosecution told Judge Epstein that they have a few more pieces of evidence to hand over, requesting more time to do so. 

This is not the first instance of the prosecution requesting more time with evidence. In previous hearings, Spencer’s defense attorneys Jacqueline Cadman and Rachel Cicurel have asked the prosecution to hand over evidence as they had received limited information for the case. 

Additionally, both the prosecution and defense told Judge Epstein they have yet to decide if they will do DNA testing to prepare for the trial, which is scheduled for March 2024. 

Judge Epstein urged both the prosecution and defense to be aware of the trial date explaining that both parties must try to keep the trial on track by scheduling evidentiary hearings soon. 

Spencer is currently being held at the DC Jail. His next hearing is scheduled for March 3. 

Sex Abuse Defendant’s Sentencing Postponed

DC Superior Court Judge Robert Okun continued a sentencing hearing, so the defendant could review the paperwork regarding the sentencing to effectively represent himself.

Akiem Williams, 38, was detained and charged on Oct. 1, 2020, in connection with an incident that occurred on Sept. 6, 2020, on the 800 block of Quincy Street, NW. The victim, Giselle Hartzog, passed away in 2021 for unrelated reasons, but she told detectives, at the time, that Williams followed her out of the nearby Metro station, chased her into the lobby of an apartment building, beat her and pulled at her clothing.

The prosecutor said she gave the paperwork to Williams stand by counsel, Howard McEachern.

Williams asked Judge Okun why the prosecution sent the paperwork through McEachern and not directly to him since he is representing himself in this case.

McEachern stated that he went to the DC Jail a few days before the sentencing hearing and provided Williams the paperwork.

“I haven’t seen anything,” Williams replied.

“The pre-sentence report is a 47 page document,” Judge Okun said. “This makes me very concerned about continuing with the sentencing today. There is a lot of material that Williams himself hasn’t seen, and I’m not going to force him to read it and respond in open court today.”

The sentencing is scheduled to continue on Feb. 1.

Defendant Pleads Not Guilty to Multiple Charges

On Jan. 27, a defendant pleaded not guilty to five crimes at his felony arraignment hearing.  

Michael T. Garrett, 67, is charged with first-degree murder, first-degree murder premeditated while armed, first-degree burglary, and two counts of destruction of property of $1,000 or more for incidents that occurred on Dec. 3, 2021, on the unit block of Elmira Street, SW. Garrett allegedly assaulted 71-year-old Sylvia Matthews.

Garrett’s defense attorney, Roderick Thompson, requested a status hearing date due to new discovery, which was not discussed in court. 

According to court documents, Metropolitan Police Department (MPD) officers arrived at the scene and located the victim in the basement with severe head trauma from an apparent assault. There were blood trails on the scene with a pool of blood surrounding the victim, and a blood-covered cane near the victim’s body. 

Officers found the defendant in the basement behind a partition that separates the larger area from a laundry room. There was a blood trail from where the victim was found to where the defendant was located.

The defendant was immediately detained in the basement while officers continued their search and investigation. Garrett told officers he had gotten to the scene five minutes before they had arrived and had found the victim attacked, documents stated. 

Officers had been called earlier that day for a burglary in progress and a report was taken for destruction of property. The victim identified the suspect for the burglary as Garrett. 

Approximately one hour later, officers were called to the address again; this time for a phone call between the victim and the defendant. Through the phone call, officers advised Garrett to leave the victim alone, according to court documents.  

Based on the events of that morning, officers had probable cause that the attack on Matthews was conducted by Garrett, and they officially arrested him at the scene of the attack. 

Garrett is being held at the DC Jail.  

During the hearing on Friday, the prosecutor asked DC Superior Court Judge Robert Okun for a trial date to be set during the next hearing.

The next hearing is scheduled for April 7, and a trial date will be set during the proceeding. 

Murder Defendant Still on Release

On Jan. 27, an individual charged with first-degree murder is still on release after being unaware of a plea agreement that was offered to him on Dec. 14. 

Raymond Jones, 29, is charged with first-degree murder while armed in the shooting of Antoine Jenkins 22, and Antwan Brown, 62. Both Brown and Jenkins were found unconscious and unresponsive with gunshot wounds on the 700 block of 13th Street, NE on March 14, 2022. 

During Friday’s court hearing, the prosecutor mentioned to DC Superior Court Judge Robert Okun that he extended a plea agreement offer to Jones on Dec. 14, but that he was unaware if the defendant took it as a rejection to the plea deal. 

Defense attorneys, Pierce Suen and Jonathan Armstrong, explained that due to a timing issue, they did not have the time to offer Jones information about the plea offer. They also said they would talk to the defendant by next week about the plea agreement to respond if Jones would like to accept or reject the offer.

The prosecutor explained that he was fine with the plea agreement being responded to on a later date, however, he motioned for the judge to delay the indictment deadline from Dec. 14 to the next scheduled hearing date. 

Judge Okun, prosecutor, and defense attorney agreed to the terms. 

The indictment deadline is scheduled in March due to the defendant’s release terms. Jones was released to the High Intensity Supervision Program (HISP) on May 24 with an ankle monitor.

The next status hearing is scheduled for March 17, in which an indictment date will be decided.

Defense Attempts to Get Case Dismissed Due to Destruction of DNA Evidence

In a status hearing on Jan. 27, defense attorney Dana Page requested the case get dismissed due to contamination of DNA evidence on the prosecution’s side.

Daquan Gray, 21, is being held for allegedly murdering Jaylyn Wheeler, 15, on May 16, 2018. The incident occurred on the 600 block of Alabama Avenue, SE. Gray is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business.

Page asked DC Superior Court Judge Maribeth Raffinan if the case against Gray could be dismissed under Title 16, which gives the defense the same right to view and observe evidence  as the prosecution.

In Gray’s case, DNA evidence on swabs had been destroyed in a second round of DNA testing due to the container it was stored in not being sealed properly, according to counsel. 

Before the contamination, the swabs had shown Gray and two other unknown contributors as part of the DNA. After the contamination of the swabs, it now only shows a partial profile for Gray and nothing for the other two unknown individuals. 

The defense argued that this DNA is unusable and there is nothing left for them to examine or test. 

However, the prosecution explained that one of the swabs is still intact and has not been altered as well as numerous other pieces of evidence that have not yet been tested. 

The prosecution said the case should not be thrown out because of the initial DNA testing which showed the DNA of Gray and two others. 

Judge Raffinan denied that defense’s motion to dismiss. 

Gray is currently released on home confinement.

The parties are scheduled to return for a motions hearing on March 24.

Trouble with Phone Passcode Lead to Delay in Murder Case

The prosecution’s difficulty cracking an Iphone passcode led to a trial being moved until 2024.

Carson Posey, 23, is charged with allegedly murdering Shantal Hill, 28, on April 15, 2020, on the 1200 block of North Capitol Street, NW. Posey is charged with first-degree murder while armed and possession of a firearm during a crime of violence.

The prosecution mentioned there had been a delay in the case due to an inability to access the victim’s  phone. The prosecutor said the software being used  only allows him to attempt 10,000 different passcode combinations per week out of the theoretical million possible combinations. 

Defense attorney Jacqueline Cadman requested that the defense have access to the phone. 

Cadman said the defense has an expert that would use a different method of accessing the phone that might work better than the prosecution’s method. 

She explained that the expert would utilize common combination codes and work through the possibilities. Cadman also mentioned that issues with the phone originally had a deadline of March of 2022. 

DC Superior Court Judge Rainey Brandt denied the defense’s request for access, allowing the prosecution to keep working on the current plan.

Both the prosecution and defense agreed that an extension for trial would be needed, so Judge Raffinan set a new trial date for Jan. 8, 2024.

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