Defendant Prepares for Trial

DC Superior Court Judge Rainey Brandt allowed counsel to switch a Nov. 3 proceeding from a trial readiness hearing to a status hearing to give the defense more time.

Gerald Lewis is charged with the second-degree murder of 59-year-old Antonio Felder. Lewis allegedly struck Felder with his car while Felder was standing at a bus stop on the 1500 block of 14th Street, NW.

His defense attorney Jason Kalafat said he is still awaiting an expert to examine the car used by the defendant at the time of the crime. The defense would like to identify parts of the car that could lead to problems such as crashing.

Pretrial services said the defendant, who is not detained, has been very compliant while on release.

A status hearing was scheduled for Jan. 23, 2023, where parties intend to discuss a trial date. The defendant has permission to appear virtually at the next hearing.

Homicide Co-Defendant Pending Release to Georgia

During a Nov. 4 hearing, DC Superior Court Judge Rainey Brandt said she plans to grant a homicide co-defendant release back home to Georgia under the high-intensity supervision program (HISP) upon approval from Georgia.

On April 21, 2020, brothers, Daivion Williams, 24, and Dijon Williams, 23, allegedly opened fire on 30-year-old Nurudeen Thomas on the 4100 block of 14th Street, NW. Thomas was transported to Washington Hospital Center where he succumbed to his injuries later that morning on Oct. 20, 2020.

Steven Washington, 23, was also apprehended for his alleged role in the homicide but was not mentioned because he was indicted on the behalf of a grand jury. He is charged with first-degree murder while armed, conspiracy to commit murder, possession of a firearm during a crime of violence, and carrying a pistol without a license.

Washington’s defense attorney Quo Judkins requested his release on 24-hour home confinement at his mother’s residential home in Georgia.

According to defense counsel, Washington has no prior confinement history.

Judge Brandt recognized Washington has no prior confinement history, but she said he has a criminal arrest history.

However, she is okay with his release conditions because a detective from Georgia, who is familiar with the case, is housing Dijon Williams in Monroe Georgia County Jail.

Washington will be held in the DC jail for the next two weeks until Georgia authorities approve his release with DC pretrial services.

The next hearing is scheduled for Jan. 10, 2023, and the new trial date is scheduled for June 5, 2023.

Defendant Pleads Guilty to Child Sex Abuse

D.C. Superior Court Judge Maribeth Raffinan approved Nov. 4 a defendant’s plea deal, effectively waiving his right to trial and DNA testing.

William Romero, 23, was initially charged with one count of second-degree child sex abuse and one count of attempted second-degree child sex abuse in connection with an. incident involving a 5-year-old victim on Dec. 28, 2021.

In the Friday hearing, Romero pleaded guilty to all counts.

In discussion of the plea terms, the defendant pleaded guilty to both counts and the prosecution agreed to dismiss any additional charges from the complainant and to not pursue any other indictment.

Romero acknowledged that he will have to register as a sex offender for a 10-year period and that this case may impact his immigration status.

On Dec. 28, 2021, Romero was arrested after his sister reported that he had sexually abused the victim, according to court documents. On the day of the incident, Romero was looking after his sister’s 7-year-old and 5-year-old children, when the 5-year-old victim went into her mother’s bedroom. The defendant followed the victim, pulled down both their pants, and sexually abused the child by licking the victim’s genitalia and rubbing his genitalia against hers.

The defendant is currently released under the High Intensity Supervision Program (HISP).

His sentencing is scheduled for Feb. 17, 2023.

Shooting Victim’s Best Friend Testifies During Murder Trial

Victim’s best friend testified to feeling pressured from the prosecution to provide certain responses during a Nov. 3 trial.

Derek Turner, 31, and co-defendant Ronnika Jennings, 44, are charged with first-degree murder while armed, possession of a firearm during a crime of violence, and conspiracy in connection with the shooting of 28-year-old Andrew McPhatter on March 5, 2017, on the 3500 block of Wheeler Road, SE.

Jennings is specifically accused of sharing criminal intelligence with Turner during her time working as a clerk for the Metropolitan Police Department (MPD). The third co-defendant Duan Hill, 33, is charged with conspiracy and obstruction of justice.

Turner is also charged with first-degree murder while armed for allegedly shooting 23-year-old Devin Hall on Jan. 7, 2017, on the 3500 block of 6th Street, SE.

The evidence presented during Thursday’s trial pertained to the McPhatter shooting, as well as another Feb. 17, 2017, shooting in which he was involved.

McPhatter’s best friend testified about being shot during the Feb. 17, 2017, shooting, saying he was with McPhatter in a parking lot when they saw a white car drive by.

He testified that he was shot on his lower thigh and that he spent one day in the hospital in recovery.

The prosecution particularly focused on the eyewitness’s Grand Jury testimony on Oct. 5, 2017.

The witness described the shooter as a Black man wearing a white shirt, blue jeans, and a black mask. The witness told the Grand Jury that the shooter had dreadlocks but during the ongoing trial he said that he was unsure about his hairstyle.

“Who fired first,” asked the prosecutor. The witness responded that “the man with the mask” fired first and McPhatter fired back.

During the cross-examination, Turner’s defense attorney confirmed that the witness did not know the shooter’s identity.

When asked about his drinking habits, the witness said he was “probably drinking about a fifth” of tequila, as well as smoking marijuana during the time of the incident.

The defense attorney asked if this use of alcohol affected the witness’s memory of Feb. 17, 2017 and Oct. 5, 2017, as well as his ability to currently “remember or understand at all.”

The witness responded “yes.”

Finally, the defense attorney asked: “Do you feel that you’ve received any pressure from the U.S. attorney’s office to provide any answers?”

“Yes,” the witness responded.

“Do you remember what I said about there being two rules,” the prosecutor said during redirect. “Rule number one is to tell the truth and rule number two is don’t forget rule number one.”

DC Superior Court Judge Marisa J. Demeo concluded that the witness was competent, clarifying that he did not slur, did not have bloodshot eyes, and did not appear intoxicated.

The prosecution also introduced a Metropolitan Police Department (MPD) officer that responded to the scene of the Feb. 17, 2017 shooting.

The prosecutor displayed footage from the witness’s body-worn camera (BWC) that showed the victim of the shooting saying that the shooter was a “Black male with long dreads.”

The trial is set to continue on Nov. 7.

Judge Rules Prosecution’s Loss of Evidence was Gross Negligence

A DC Superior Court judge ruled that while not an intentional act of bad faith, the prosecution has committed gross negligence by losing evidence connected to a vehicular homicide.

Eric Beasely, 31, is charged with first-degree murder in connection to the death of David Farewell on Sept. 5 2020, on the 2100 block of Young Street, SE.

The lost evidence was the exhaust system from the defendant’s vehicle. The prosecution argued that there was no intention on the part of Blue Plains Impoundment Lot, part of the Metropolitan Police Department Evidence Control Division, to destroy or lose evidence.

The prosecutor asserted that not only has the defense failed to prove the exhaust system was lost at Blue Plains, but even if it had, Blue Plains workers had no knowledge of this case and any action therefore could not be intentional because Blue Plains employees are also instructed to throw away any stray scrap metal as part of the procedure.

The prosecutor, who was able to have an expert conduct an in-person investigation of the exhaust system before it went missing, argued that the exhaust system is not crucial evidence for the defense but still provided the defense with more than 47 photos.

The prosecution denied the possibility of bad faith and found any possible sanctions suggested by the defense to be unfounded.

Defense attorney Madalyn Harvey refuted the claim that Blue Plains workers were unaware of the case and that they did in fact know it was necessary to the case since defense counsel had spoken to a supervisor at Blue Plains regarding the visit of their expert.

According to the defense, not only was the exhaust system missing, but once the vehicle had been released from Blue Plains, towed and reached its destination, a window was smashed which was not the case a couple weeks prior when it was being arranged for the defense to review.

Harvey declared that the condition of the exhaust system is critical given the potential of what it could have shown, and that defense counsel cannot solely rely on prosecution-provided images. The defense contends that this incident was an attempt to thwart defense investigators from receiving the car in a condition in which it could be properly examined.

The first sanction states the prosecution should be precluded from invoking expert testimony regarding the exhaust system since the defense examination could not be completed. The second sanction states expert testimony regarding the car in its entirety should also be prevented. The third requested that expert testimony regarding crime scene video and audio also be denied.

D.C. Superior Court Judge Maribeth Raffinan ruled that while the exhaust system was likely lost while in the possession of the prosecution at Blue Plains, there was no intentional destruction of the exhaust pipe and therefore denied the defense’s motions to dismiss or to exclude evidence.

However, Blue Plains workers should have taken more care with the evidence; they failed to file, tag, and photograph the exhaust system which led to its loss, according to Judge Raffinan.

Given the insufficiency of the photographs provided by the prosecution and the ruling of gross negligence, Judge Raffinan declared that some sanctions are warranted and accepted the defense’s first sanction to preclude expert testimony. She rejected the second and requested the defense file a motion for the third, which is slated for a decision at a later date.

The defense also requested that Beasely be released from detention and enter into the High Intensity Supervision Program (HISP) and be placed under home confinement.

Judge Raffinan, while acknowledging Beasley’s good behavior in jail, took into consideration several prior assault convictions and the fact that this murder occurred while on probation.

She denied the motion for release.

The next hearing is set for March 10, 2023.

Detective Details High-Speed Chase Leading Up to Defendant’s Arrest

During a Nov. 3 proceeding, a witness testified to the first-hand experience of capturing a defendant in a co-defendant homicide trial.

Jonathan Winston, 33, and Rakeem Willis, 31, are both charged with first-degree murder while armed in connection to the shooting of 26-year-old Javon Abney, 26-year-old Sean Shuler, and 24-year-old Tyrik Hagood on Jan. 26, 2019, on the 1500 block of Fort Davis Place, SE.

A detective’s testimonial brought light to the surveillance and eventual arrest of Willis.

The detective, who was a part of the Fugitive Task Force, responded to a mall in Forest Hill, Maryland, on June 11, 2019. He said Willis’s black Audi was spotted in the parking lot.

He told defense attorney, Howard McEachern, surveillance was set up in an unmarked police vehicle.

The detective recalled Willis entering his vehicle and exiting the parking lot, resulting in a high-speed chase. Local police officers joined the pursuit, with the detective going approximately 100 mph.

Willis managed to evade police officers until his vehicle was found on the 3500 block of Chaplin Street, SE, on June 12, 2019, around 1:38 a.m.

The detective said Willis’s vehicle was discovered hanging off an elevated surface with exterior damage and branches hanging from the vehicle’s headlights. Prosecutors displayed images of the damaged vehicle to jurors.

The detective explained Willis was arrested on June 12, 2019, on the 4300 block of E Street, SE.

DC Superior Court Judge Michael Ryan said he hopes to finish the trial by next week. The next proceeding is scheduled for Nov. 7.

Prosecution Shows Video Footage in Homicide Case

A Nov. 3 hearing began with a Metropolitan Police Department (MPD) detective from the homicide branch testifying about the shooting he investigated.

Dreaun Young, 19, is charged with second-degree murder while armed in connection to the shooting of 26-year-old Michael Brittingham on Aug. 6, 2020, on the 600 block of 46th Street, SE.

Young was connected to the murder after being apprehended by the Los Angeles Police Department (LAPD) in Hollywood, Calif. for another, unrelated issue.

Prosecution played video footage leading up to the shooting as well as an audio of the shots being fired.

An autopsy was done on Brittingham’s body and there were multiple gunshot wounds and additional injuries, according to court documents. There were gunshot wounds on his right and left thigh, left shoulder, mid left back, chest, left torso, and his mid and lower right back.

The next hearing is scheduled for Jan. 25, 2023.

Weapons Charges for Released Defendants Awaiting Trial

So far this year, twelve defendants charged with homicide, domestic violence offenses or sex abuse were also charged with a single weapon offense while released pending trial. Six defendants were charged with two weapon offenses.

Most Defendants Were Held at DC Jail During Pretrial Confinement

As of Oct. 31, the DC Jail has housed 200 defendants in total. Inpatient care at Saint Elizabeth’s Hospital was provided for two defendants, according to D.C. Witness data.

Case Acquitted: Attorneys Rest After Arguing Over Friend’s Confession

This case was acquitted on Nov. 9, 2022.

Both the defense and the prosecution rested their cases on Nov. 3 after revealing that a close friend of the defendant came forward and said he was the one who committed the fatal shooting.

Mike Bidgell, 26, is charged with second-degree murder while armed in connection with the June 6, 2020, shooting of Marquis Harrod, 18, on the 1300 block of Brentwood Road, NE. According to court documents, Metropolitan Police Department (MPD) detectives recovered footage from a liquor store that showed Harrod approaching what appears to be Bidgell’s vehicle before being shot three times by someone inside the car. There were at least two people in the car, according to the footage.

Defense attorney Brian McDaniel argued that it was not Bidgell but his friend, who was in the car with him that day, who shot Harrod. That friend has since come forward to MPD detectives and the prosecutors saying he leaned around Bidgell and shot Harrod from the passenger seat, McDaniel said.

“Even if he looked up to you as much as someone can possibly look up to another person,” McDaniel asked in redirect, “would that make him come and testify that he murdered someone?”

However, prosecutors attempted to discredit the friend’s confession, calling on the lead detective to discuss the confession further.

He said he never believed Bidgell’s friend because he described disassembling the murder weapon after using it, but he described it incorrectly, saying the gun had more pieces to its frame than Glocks actually do.

The detective gave a demonstration to the jury by disassembling his personal Glock 17.

A man who is being held at the DC Jail and, for a time, was on the same unit as Bidgell said he and Bidgell would talk frequently. He said he learned that Bidgell was charged with the murder of Harrod, who he had known on the outside. He said Bidgell confessed to him that he had, in fact, done it.

The witness said he wasn’t mad about Bidgell having killed someone he considered a friend, though, he said he understands that “people kill people sometimes,” and that it was forgivable.

He also said Bidgell never mentioned being accompanied by anybody.

McDaniel cast the witness as a “jailhouse snitch,” suggesting he had helped prosecutors with other cases by telling them about conversations with other inmates. He asked if the witness would testify on the defense’s side if the defense offered a similar deal to what the prosecution gave him, and recommended a lesser sentence.

“I’m gonna do what I can, yes,” the witness said, before adding that “there’s nothing to testify about” for the defense in this case because everything he’s heard indicates Bidgell’s guilt.

McDaniel cross-examined the witness about the agreement he entered into with the prosecution in order to get him to testify. Though it bore no formal promise, the witness said, he and the prosecutors in this case agreed that they would write a recommendation for a minimum sentence in an unrelated case pending sentencing in exchange for his testimony against Bidgell.

The prosecution rested its case. After dismissing the jury, DC Superior Court Judge Milton Lee heard both parties about what they wanted included in the jury instructions on how to deliberate.

McDaniel requested language explaining that the jury could acquit based on a finding that it was not Bidgell, but they could also acquit based on a finding that Bidgell was acting in self-defense.

The prosecutors asked for a lesser charge of voluntary manslaughter to be added in case the jury found the shooting was in self-defense.

“It would be disingenuous to now, at this point, add that second option,” McDaniel said. “The prosecutors never made any representations that they believed there was a basis for self-defense, and the jury ought to decide solely whether or not they believe it happened precisely as the government said it did. There should be no backup plan for self-defense if prosecutors did not give it consideration in their arguments,” he said.

However, Judge Lee accepted the prosecution’s request.

The trial is scheduled to continue with closing arguments on Nov. 7.

Judge Gives Prosecutors A Week to Turn in All Material to Defense

During a Nov. 3 hearing, DC Superior Court Judge Rainey Brandt got frustrated after the prosecution failed to turn over all evidence to the defense before redacting it from court documents.

Co-defendants Maurice Johnson, 23, and 21-year-old Jermaine Harris are charged with first-degree murder while armed in connection to the shooting death of 38-year-old Lamar Walters on the 2400 block of Franklin Street NE on Jan. 6, 2020.

“It totally jacks up the defense’s ability to attack or counter the investigation,” Judge Brandt told the prosecutor.

Johnson’s defense attorney Thomas Key said the prosecution failed to turn over case information until a month before the trial.

The prosecution said it was disclosed in the arrest warrant, but it was redacted or taken away.

However, the defense said it should have never been redacted. Their third motion was filed and signed by the chief judge to turn over all violating information to give the defense enough time to respond.

“I am having a hard time understanding why information has not been disclosed to the defense,” Judge Brandt said.

Harris’ defense attorney, Jonathan Zucker also mentioned that all motions were filed for Harris except the motion to compel the most recent information for sanctions.

During the hearing, the prosecution also referenced an incident that occurred on two different dates with footage that showed people entering a white Camry and then the victim’s Black Dodge Nissan.

The video disclosed evidence regarding people of interest in the same gang as the defendants are allegedly part of and the individuals of interest have not been arrested and are wanted for another murder. According to court documents, police were aware of a long-standing beef between the 18 and Monroe crew, whom are now referred to as Young World and the Saratoga crew.

According to court documents, Metropolitan Police Department (MPD) officers arrived on the scene and found Walters suffering from several gunshot wounds. Walters was transported to the hospital but later succumbed to his injuries.

The prosecutor said a possible suspect was also pronounced dead on Dec. 27, 2020.

One detective testified to identifying Johnson as Harris’s only friend and they have photos of another suspect known with similar features.

Zucker pointed out the detective misidentified someone else before and he wants those contacts before the next hearing to cross-examine. The defendants were questioned and I don’t even know who the detective is, he said.

The next motions hearing is scheduled for Nov. 14.

Accomplice in Murder Case Testifies Against Friends

During a Nov. 3 hearing, the prosecution continued questioning a previous witness who was an accomplice in the crime.

Robert Moses and James Mayfield are charged with first-degree murder while armed for allegedly shooting 17-year-old Jamahri Sydnor and wounding three other bystanders on Aug. 10, 2017. Moses is also charged with conspiracy, unlawful possession of a firearm, and several counts of obstruction of justice. Mayfield is also charged with second-degree murder while armed and attempted robbery while armed.

Phillip McDaniel, an accomplice who was arrested and charged in 2017 for his involvement in Sydnor’s murder, signed a plea deal to lessen his sentence to second-degree murder. This deal included his testimony against Moses and Mayfield.

McDaniel continued his testimony, saying he heard three gunshots on Aug. 10.

When cross-examined by Moses’s defense attorney, Steven Kiersh, McDaniel admitted to abusing Xanax, something that has been proven to provide memory loss.

McDaniel said he is “someone with an infatuation with guns” and even has an AK-47 tattooed on his forearm.

He said this infatuation led him to illegally sell and distribute guns, something he had been doing since he was 16 but was never arrested. He said he just “slipped through the cracks” of law enforcement.

The murder weapon used was a gun McDaniel possessed and then sold, a .47 caliber XD pistol.

But, James Mayfield’s defense attorney, Veronica Holt, pointed out McDaniel has a tendency to lie “when it suits him best.”

McDaniel disagreed, saying he did it when he felt he had to. He admitted to lying for seven hours straight when he was first arrested in 2017 and charged with Sydnor’s murder. He said he lied to the prosecution in 2017 when asked about his involvement with the shooting.

According to a press release, Moses and Mayfield fired more than ten rounds at individuals at the intersection of Montana and Saratoga Avenues, NE on Aug. 10, 2017.

The prosecution also called a trauma expert to testify about the injuries sustained by one of the bystanders. According to the expert, the bystander received a bullet wound to their left buttocks, which was lodged near his inner femur bone.

The trauma surgeon was unable to determine the caliber of the bullet because it would have been too damaging to the bystander’s tissue to remove it.

A Metropolitan Police Department (MPD) officer from the gun recovery unit identified the .47 caliber XD pistol as the one he seized from an apartment in Southeast. This led to the immediate arrest of four men in the apartment. None of them were McDaniel, Moses, or Mayfield.

Superior Court Judge Maribeth Raffinan scheduled the trial to continue on Nov. 7 with McDaniel continuing his testimony.

October Homicides Increase by 1 from September

There were 18 homicides in October, nearly 5.9 percent more than the 17 homicides recorded in September, according to D.C. Witness data.

Data shows that there were 22 non-fatal shootings and one traffic fatality in October.

On Oct. 20, 23-year-old Steven Washington was arrested and charged with first-degree murder while armed in connection to a 2020 homicide.

At about 5:04 a.m. on July 21, 2020, Metropolitan Police Department officers located 30-year-old Nurudeen Thomas on the 4100 block of 14th Street, NW suffering from gunshot wounds.

He was pronounced dead at a local hospital.

On Oct. 5, a traffic fatality occurred at the intersection of 10th Street and Massachusetts Avenue, NW.

A driver of a 2020 Dodge Charger was driving westbound crossing 10th Street, NW, at around 5:21 a.m. when a pedestrian attempted to cross Massachusetts Avenue, according to court documents.

At the intersection, the Dodge Charger struck the pedestrian. The pedestrian, 60-year-old Venancie Musabe, was pronounced dead at a local hospital.

On Oct. 24, MPD detectives arrested and charged 24-year-old Ojahri Hart and 19-year-old Yahweh Chambers with assault with a dangerous weapon in connection to a non-fatal shooting that occurred on the 100 block of Kennedy Street, NW.

According to a press release, at about 6:28 p.m., officers found two adult males suffering from gunshot wounds. They received treatment for non-life-threatening injuries.

Hart and Chambers are both being held at the DC Jail and are scheduled to return to court for a preliminary hearing on Nov. 7.

Document: Arrest Made in Connection to the Homicide of a 2-Year-Old Child

Metropolitan Police Department detectives made an arrest in a homicide that occurred on Oct. 13, on the Unit block of Atlantic Street, SW.

According to a press release, at about 9:04 pm, officers located 2-year-old Mars Jones unconscious and unresponsive. The victim succumbed to his injuries and he was pronounced dead five days later.

On Nov. 3, 23-year-old Dasean Matthews was arrested and charged with first-degree murder.

Document: Suspect Sought in a Non-Fatal Shooting

Metropolitan Police Department detectives are asking for the public’s assistance in locating a suspect in a non-fatal shooting offense that occurred on Sept. 30, on the 3900 block of Minnesota Avenue, NE.

According to a press release, at about 2:07 pm, the suspect fired at the victims striking their vehicle, then fled the scene.

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