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Judge Finds Probable Cause in Homicide Case

During a Jan. 25 preliminary hearing, D.C. Superior Court Judge Maribeth Raffinan found probable cause in a murder case.

Bernard Eddy, 23, is charged with first-degree murder while armed in connection to the shooting of Steffen Brathwaite on Sept. 10, 2019 on the 3000 block of 24th Place, SE.

The lead MPD detective in the case testified that Eddy and two suspects were seen getting into a vehicle and driving towards Ainger Place, SE.

When the detective interviewed a witness in the case, he told the detective that he didn’t know who the defendant was but a picture of the defendant and the witness was found on social media. In the picture, the witness is seen holding a Ruger firearm that was later confiscated and connected to the homicide.

According to the testimony of the case’s lead MPD detective, Eddy and two suspects were spotted getting into a car and heading in the direction of Ainger Place, SE.

The prosecutor added that Eddy was overheard saying repeatedly that he was smoking a “Steph pack” during an Instagram Live on his Instagram account.

“When a person kills someone, they name the substance they’re smoking after the person they kill and then smoke it,” the prosecutor said.

Although Eddy claimed responsibility for the shooting, according to a Langston Lane patrol officer, “HD” was the one who actually killed the victim.

Julie Swaney, the defense counsel for Eddy, asserted during cross-examination that despite the fact that “HD” is no longer alive, all the evidence leads to him as the actual shooter.

According to Swaney, “HD” threatened to shoot a witness and pop him as he did the deceased, and just before the murder, his car was shot at while his kids were inside.

She added that there were other witnesses who said “HD” and a person going by the name of “Mel Mel” were responsible for the murder.

“This case is based entirely on supposition,” she said. “Nothing is discernible.”

Judge Raffinan was urged to find probable cause by the prosecutor.

“There is probable cause that there is more than one shooter but for purposes to today, the defendant had motive, was around the area of the crime, and was celebrating after the murder,” Judge Raffinan said.

Judge Raffinan found probable cause in “at least aiding and abiding.”

“This isn’t as strong as other cases, but the ballistics point to a Ruger found in April of 2020. The photograph that was taken the same day as the murder with the Ruger firearm. Those items point to Eddy with the gun and the vehicle,” she said.

The next hearing is scheduled for April 28.

Judge Approves Further DNA Evidence is Necessary for Homicide Case

On Jan. 25, a defendant was scheduled for a hearing to discuss potential witnesses and DNA evidence.

Antwon Greene, 34, was sentenced to 48 years in prison in 2015 for felony murder, first-degree murder while armed, and a related weapons charge in the killing of Breond Keyes in 2014 at a Southeast Washington barber shop. 

Now, in a post-dispositional hearing, counsel made arguments on the need for an evidentiary hearing on the filed motion and identified potential witnesses.

Steve Kreisher, attorney for Greene, said he wanted to call a molecular geneticist to review the DNA of the scene of the crime. 

“This is a DNA case and the issues need to be thoroughly reviewed,” said Kreisher.

The prosecution said they were not clear on why they needed to call the expert witness. The defense explained that this case clearly calls for a third-party analysis of the DNA, meaning the DNA testing of a person other than the suspect. 

“I agree this is substantially a DNA issue,” said DC Superior Court Judge Craig Iscoe. 

The defense proceeded to list their remaining potential witnesses. According to the defense, two of the witnesses they wish to call could take Greene out of the scene of the crime. 

“I don’t determine what witnesses to call. I will hold a hearing on this.” Judge Iscoe said. 

The next hearing will be scheduled through the judge’s chambers as both parties will email Judge Iscoe by Feb. 9 on their respective witness list. 

Attorneys Negotiate Plea Deal for Sexual Assault Defendant

During a Jan. 26 status hearing, defense attorney, Quo Mieko Judkins, entertained the possibility of a plea deal for her client who is charged with allegedly kidnapping, carjacking, and sexually assaulting a woman. 

On Jan. 5, 2022, the defendant  was issued a warrant for his arrest in a sexual assault case nearly 6 months after the offense took place. The alleged assault occurred on July 11, 2021, when the defendant drove to pick up a plant from an online seller. After retrieving her plant, the victim sat in her vehicle to map her way home when she was attacked, according to court documents. 

On Thursday, counsel told DC Superior Court Judge Robert Okun that they were in plea negotiations. 

The documents state that the defendant, 19, approached the victim’s unlocked vehicle, where he forced his way into her passenger seat and flashed a handgun. The defendant then ordered the victim to drive  to the 500 block of Crittenden Street, NW. It was in an adjacent alleyway that the defendant ordered the victim to undress and allegedly assaulted her. Soon after, the victim fled from her vehicle while nude and sought refuge in the nearest backyard. She was taken to a hospital for examination. 

In December 2021, the defendant was identified in Maryland by his DNA profile through the National DNA Index System. This data was collected in November of 2021 after the defendant was arrested in a separate case for robbery. 

The defendant is scheduled for another hearing on March 15.

Sexual Assault Defendant to be Released Early from Court Mandated Treatment Program 

During a Jan. 26 status hearing, the time a defendant was set to spend in a bed-to-bed treatment program was reduced for reasons that were not stated in open court. 

On Sept. 29, 2019, the defendant allegedly sexually assaulted a woman who’d sought massage services from DD Balance, a spa located on the 3000 Block of Georgia Avenue, NW. The defendant, 37, worked at the spa as a massage therapist. Court documents cited the victim after the incident, and stated the defendant exposed himself to her and forced her to participate in nonconsensual sexual acts.

The defendant was indicted on two counts of first-degree sexual assault of a patient or client and one count of kidnapping. He was admitted to the program in 2022 by a court order to treat the defendant’s substance abuse.

During a status hearing on Thursday, the defense attorney shared correspondence he’d received from the defendant’s treatment officer at St. Elizabeth’s Hospital. This message stated that the defendant was to be released to the general public on Feb. 1, a month-and-a-half earlier than anticipated. He was originally set to be released from treatment on March 26.

The prosecution and representative of the victim were outwardly concerned with this change. Both said they believed that with his release, the defendant would be a flight risk. 

DC Superior Court Judge Richard D. Okun was also apprehensive of the defendant’s release. Even so, no motion to hold the defendant was raised and court was adjourned. 

The next status hearing is set to occur on Feb. 3.

Juror Causes Sentencing in Murder Case to be Postponed

A homicide defendant’s attorney said he believes one juror’s deliberation methods violated his client’s right to a fair trial.

On July 23, 2019,  Malik Holston, 20, was found guilty by a jury on all three of his indicted charges for the shooting of Gerald Watson. These charges included 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.

According to court documents, after the guilty verdict was reached Holston’s defense attorney, Shawn Sukumar, and the prosecution spoke with some of the jury members off the record to ask questions about their deliberations.

Following this conversion, Sukumar filed a motion to vacate the jury’s guilty verdict on account of one juror saying he would have liked to hear Holston’s side of the story and, because he didn’t, he voted in favor of a guilty verdict. 

This juror’s decision-making process inappropriately shifts the burden of proof from the prosecution to Holston himself, according to Sukumar’s motion. Sukumar cites case law that disallows this “erroneous shifting” of burden, therefore, entitling Holston to a new trial.

On Jan. 26, the prosecution objected to this motion, interpreting the juror’s statements differently from the defense. He argued that there are no grounds for Sukumar’s motion and that the judge should proceed with Holston’s sentencing.

D.C. Superior Court Judge Rainey Brandt said she saw it necessary to reschedule the sentencing and change the Jan. 26 hearing to a status conference to allow time for the juror to be brought into court and questioned on the record.

Judge Brandt also said that she alone will question the juror to ensure the record is abundantly clear before Holston is sentenced, in the event he wishes to appeal.

If the defense and prosecution have questions for the juror, they may submit them. Both parties are not permitted to directly question the juror.

Holston’s sentence hearing was rescheduled to March 1. However, the hearing may be vacated depending on the results of the juror’s questioning. 

The incident in question occurred on Dec. 13, 2018. Metropolitan Police Department (MPD) officers were dispatched to the 2900 block of Knox Place, SE for reported gunshot sounds. When the officers arrived they found Watson, 15, with multiple gunshot wounds.

After being transported to a local hospital, Watson later succumbed to his injuries and was pronounced dead.

At this time, no official date for Holston’s next hearing has been set as the juror still needs to be contacted regarding this matter. 

The juror’s cooperation is not guaranteed. If he is unavailable to clarify his statements, Judge Brandt will decide how to move forward at that time.

Homicide Defendant Who Killed Victim in Broad Daylight in Front of Minors Sentenced to 13-Years in Prison

DC Superior Court Judge Rainey Brandt sentenced a homicide defendant to 13 years in prison for the murder of his sister’s children’s father.

Jarell Harris, 28, fatally shot 42-year-old Sedrick Miller on March 4, 2022, on the 2000 block of 18th Street, NE. Miller was carrying a baby and holding the hand of a 5-year-old-girl when he was murdered, according to court documents. Harris was arrested a month later and held at DC Jail.

Harris, who was initially charged with first-degree murder while armed, was indicted in September of 2022, for voluntary manslaughter while armed.

The prosecution stated that Harris entered a plea of guilty to voluntary manslaughter while armed on September 22, 2022, and as a condition of that plea, the parties agreed to a sentence of between 10.5 years and 13 years in prison.

According to the proffer of facts, Harris shot the vicim 11 times with several of the shots to the face. Harris can be seen firing repeatedly while standing over the victim in a surveillance camera image.

The prosecution noted that Harris entered a very early guilty plea before the preliminary hearing, which she noted was rare. She said Harris did so because he didn’t want to subject his sister’s children to a trial.

She requested Judge Brandt sentence Harris to 13 years in prison and 5 years on supervised release.

The victim’s sister read an impact statement over Webex.

“Over the years my brother and I had several conversations about his relationship with his girlfriend,” she said. “He stated to me that if anything happened to him it would be because of Jarell.”

“You shot my brother 10-13 times in the same area my sister was killed 29 years earlier. I just want to know why. What had your mind make up to take his life,” she continued.

Harris’s defense attorney, Jacqueline Cadman, requested Judge Brandt sentence Harris to 10.5 years in prison.

Harris and Miller had a terrible history, according to Cadman, which caused the relationship to deteriorate.

“I want to start by saying I am very very sorry to the courts and to the family of the victim,” Harris said. “At the time, I felt threatened but there is no excuse for my actions that day I am just sorry.”

Judge Brandt sentenced Miller to 13 years in prison with 5 years of supervised release. He will have to register as a gun offender and undergo mental health and drug treatment.

“I appreciate the words that you just said. I do believe you are really sorry,” Judge Brandt said. “The support was there. Your parents are married and are employed. They raised seven kids with some even being police officers and a school teacher. I keep scratching my head about what went wrong. Mr. Miller was apart of your family. He was the father of your sister’s children. The same children that witnessed you shooting their father 11 times. Use this time to reflect, read and good luck to you sir.”

Victim Outs Sexual Assault Abuser

In a report on a sexual assault, the victim said, “That’s him. He touched my private parts.” 

On January 26, 2022, a report was made to Child and Family Service Agency regarding a sexual assault of a minor. The alleged incident took place somewhere in 2021 before Thanksgiving on 5200 block of D Street, SE. The defendant is charged with two counts of first-degree child sexual abuse. 

The 10-year-old victim and the 42-year-old defendant were allegedly in a romantic relationship. 

The defendant lived in the house with the child, according to the report. The victim slept in the bedroom and he slept in the living room. The victim said she had no prior knowledge of the defendant touching her inappropriately. According to the report, the two had ongoing issues with each other. The specific issues were not explained.

The victim was interviewed by Safe Shores DC in which she described that she was inappropriately touched in her private areas by the defendant without consent. 

Medical examiners at Children’s National Medical Center examined the victim. The exam did not display any sign of sexual abuse.

The defendant was scheduled to appear in court on Jan. 17, but he failed to appear. 

On Jan 24, the defendant’s defense attorney said he was unaware of Tuesday’s hearing. 

According to the Pretrial Services Agency, the defendant has not honored his release conditions as of Jan 17. 

So far, the defendant has fallen off the grid, as he has violated curfews, ignored stay away orders, and tested positive for drugs. 

The defendant has not stayed at the residence listed and was last tracked on the 1200 block of  M Street, NW.

After receiving this news, the prosecutor motioned for a bench warrant with no bond. DC Superior Court Judge Raffinan granted this motion. 

The next hearing is scheduled for Feb. 6.

Judge Accepts Voluntary Manslaughter Plea 

During a felony status conference on Jan. 26,  DC Superior Court Judge Maribeth Raffinan accepted a plea agreement for voluntary manslaughter while armed.

Kavell Miller, has been accused of shooting Lester Mangum on the 3900 block of South Capitol Street, SW on Oct. 8, 2021. Miller, 22, was originally charged with first-degree murder while armed. Mangum was 33-years-old at the time of his shooting. 

According to the terms of the plea agreement, all three of the defendant’s misdemeanor charges will be dropped, and he will serve 12 years in prison with supervised release.

By pleading guilty, Miller waived his right to a preliminary hearing, an indictment, and his right to DNA testing of evidence.  

The sentencing hearing is slated for April 14. 

Uncle Sentenced for Sexually Abusing Niece

During a Jan. 26 hearing, a defendant was sentenced for his role in a child sex abuse case from 2018.

Allen Davis, 60, pleaded guilty to second-degree child sex abuse for an incident that occurred on Nov. 15, 2018, on the 800 block of Chesapeake Street, NE. The victim, Davis’s niece, was 7-years-old at the time of the incident.

Defense attorney Susan Ellis told DC Superior Court Judge Robert Okun that Davis “was diagnosed at an early age with schizophrenia and depression.”  She also said Davis had a learning disability and was sexually abused.

According to court documents, Davis pleaded guilty twice before in connection to child abuse cases; one when he was twenty years old, and one in 2014. The prosecution highlighted the previous offenses when determining their suggested sentence of 68 months in jail.

Davis was sentenced to five years at DC Jail, ten years of supervised release and he will have to register as a sex offender for the rest of his life. 

“I’d like to apologize to my niece, no one ever apologized to me,” Davis said during the hearing.  “I’d never do this again for as long as I live”.

Judge Okun also recommended he receive substance abuse, mental health, and sex abuse treatment while serving his sentence. Davis is also to stay away from the victim and cannot live in any dwelling that has minor children.

“She’s going to be affected by this for the rest of her life,” Judge Okun told Davis.

He acknowledged Davis’s abuse but responded that it “doesn’t excuse what you’ve done to other people. I hope for your sake, and mostly the community’s, you do not have to come back to court,” Judge Okun said.

Judge Schedules Next Status Hearing in Homicide Case

DC Superior Court Judge Maribeth Raffinan scheduled the next status hearing in a murder case for Feb. 17 in order to give the prosecution time to receive an indictment.

Jordan Jones is charged with first-degree murder while armed for allegedly shooting Noel Prince Nicol on Oct. 11, 2021, on the 2000 block of Savannah Place, SE.

Defense attorney Rachel Cicurel requested the next status hearing take place before Feb. 18 to meet the nine-month deadline for an indictment return.

The next status hearing is scheduled for Feb. 17.

Judge Approves Defense Attorney’s Motion for Independent Counsel 

On Jan. 26, DC Superior Court Judge Anthony Epstein granted a defense attorney’s motion to implement independent counsel for a defendant charged in connection to the murder of a 62-year old man. 

D’Aundrey Scott, 28, is facing charges for first-degree murder, assault with the intent to kill, and two counts of arson, for his alleged involvement in four crimes that occurred on May 13, 2020, resulting in the death of Darryl Finney two days later. The crime occurred on the 900 block of H Street, NE. The assault occurred on the 1300 block of H Street, NE, and the two counts of arson happened on the 1400 block of Morse Street, NE. 

Roderick Thompson, Scott’s defense attorney, said he filed the motion for independent counsel due to a conflict with the Public Defender Services (PDS). Scott accused another PDS client of committing the crimes he is being charged with. 

Thompson argued that independent counsel is most appropriate at this stage and, although the defendant wants PDS to remain as his counsel, it would be best for the court to grant him independent counsel. 

The prosecution opposed the motion, but the judge argued that due to the timing, with Scott’s trial date set for August, if they were to grant him independent counsel it would be best to do it sooner rather than later. 

The judge granted the motion, saying he would appoint a new attorney to the defense as soon as possible, saying the defendant, prosecution and current defense attorney would receive notice from his chambers. 

In court, Judge Epstein and prosecutors also discussed letters that the defendant sent to them, some of which were filed in a sealed motion. 

The prosecutor said that in some unsealed letters, the defendant accused another individual of committing the crimes he is being charged with. 

In the letters, the defendant said he needs to be released immediately. He also declared his dislike for the prosecution. 

Judge Epstein asked the defendant to stop sending letters to other parties in the case, saying the letters would not benefit him. 

Scott’s next status hearing is scheduled for Feb. 15. 

New Evidence Prompts Judge to Postpone Sexual Assault Hearing

The hearing for a domestic violence defendant with a sexual assault charge was moved as defense anticipates new evidence from the prosecution. 

The 22-year-old defendant is currently charged with first-degree sexual assault, involving the rape of his ex-girlfriend. The alleged offense occurred on Dec. 13, 2022, on the 1800 block of Fourth Street, NE. 

In Thursday’s hearing, defense attorney Peter Odom requested to have the hearing pushed back 30 days from now. 

The defense requested more time to properly prepare for the hearing. 

Odom told DC Superior Court Judge Anthony C. Epstein that they are still waiting for evidence from the prosecution, including a toxicology report.

The hearing was rescheduled for March 16 at 9 a.m. 

Judge Finds Substantial Probability in 2022 Homicide Case

During a preliminary hearing on Jan. 24, DC Superior Court Judge Rainey Brandt found substantial probability for a homicide case.

Ethan Cunningham, 20, is charged with first-degree murder while armed for allegedly shooting 38-year-old James Curtis on May 10, 2022, in an apartment building located on the 2600 block of Stanton Road, SE.

During the Tuesday hearing Ronald Resetarits, Cunningham’s defense lawyer, emphasized how Cunningham’s probation officer, who recognized him, was only provided images from the Ring doorbell camera and not a whole array.

Because the gun that was used in the incident was directed down rather than at the victim’s body, he said Cunningham had no intention to hurt or kill.

Regardless of the gun’s direction, the prosecutor asked Judge Brandt to find substantial probability based on witness identifications and security footage from the doorbell camera.

“Cunningham pulled his mask down several times during the preliminary hearing,” she said. “Anybody in the courtroom could identify him as the one on the Ring camera.”

Judge Brandt agreed with the prosecutor.

“Cunningham has been identified four different times,” she said. “You can see his face in the ring camera. It’s him. It’s clear.”

According to Judge Brandt, apartment complex staff members called officers from the Metropolitan Police Department (MPD) and identified the individual they saw that day at the apartments as Cunningham.

Cunningham was also named in a number of anonymous tips and identified by his probation officer.

“The prosecutions case is overwhelming strong,” Judge Brandt said.

Cunningham’s next court appearance is scheduled for Feb. 27.

Homicide Defendant Rejects Plea Offer

During a Jan. 25 status hearing, a 23-year-old murder defendant decided to reject a plea offer for murder and two of the eight charges over two separate cases.  

Ky’Lee Palmer, 23, is accused of allegedly shooting 60-year-old Barron Goodwin in the 800 block of 51st Street SE on Feb. 12, 2020.  

Palmer was not officially connected to Goodwin’s murder until 2022 upon his arrest in connection to an armed kidnapping. According to court documents, the victim of that kidnapping revealed to detectives that Palmer had previously confided about his involvement in the 2020 homicide. 

Palmer was indicted on one count of first-degree murder while armed, two counts of tampering with physical evidence, assault with intent to kill while armed, and destruction of property of $1,000 or more in relation to the homicide case. Those indictment charges are in addition to a kidnapping while armed and unlawful possession of a firearm charge in relation to a 2022 kidnapping case. 

The plea offer would have dropped the rest of the charges Palmer faced. 

The prosecution asked DC Superior Court Judge Maribeth Raffinan for a hold on the defendant, admitting that this case is “fairly unique” in that Palmer will be held regardless due to his involvement in the kidnapping case. 

“The intent transfers,” the prosecution said, explaining that although Goodwin wasn’t Palmer’s intended victim, Palmer still intended to commit homicide. 

The prosecution argued that their evidence, including a dispute between the defendant and a witness living at the targeted home, the GPS location on Palmer’s phone, and surveillance video of a stolen car, should be enough to hold him in connection to this case. 

Although the prosecution argued that Palmer’s phone GPS location showed him in the area of the crime when it occurred, the defense refuted the accuracy of this evidence.

Defense Attorney David Akulian said cell towers register multiple block ranges, arguing that Palmer’s phone being in the general area of the crime “tells us just about nothing.”

Akulian also reminded Judge Raffinan that there is no DNA or physical evidence that connects Palmer to the destruction of the car that was supposedly used to perpetrate the shooting. He asked for Palmer’s release. 

Judge Raffinan told the parties that she would need more time to review the specific facts of the case before she could determine the weight of the evidence.

A status hearing is scheduled for Feb. 1.