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Murder Trial Cancelled After Defendant Pleads Guilty

A homicide defendant accepted a plea deal on the day his murder trial was set to begin.

Keith Toney pleaded guilty to shooting 45-year-old Melton Grant on the 600 block of Morton Street, NW on June 22, 2019. According to court documents, prior to the shooting, Toney and Grant were with others on the street corner playing a dice game when an argument ensued. Grant punched Toney which led to Toney pulling out a firearm and shooting Grant.

According to the prosecutor’s proffer of facts, Grant was found on the sidewalk bleeding from multiple gunshot wounds.

One of the bullets hit a bystander.

The 45-year-old defendant was initially charged with first-degree murder while armed, unlawful possession of a firearm, assault with intent to kill while armed, and two counts of possession of a firearm during a crime of violence.

Toney pleaded guilty to voluntary manslaughter and possession of a firearm on Jan. 23.

Defense attorney Pierce Suen and the prosecutor agreed to recommend a six-year prison sentence.

DC Superior Court Judge Anthony Epstein accepted the plea offer and scheduled Toney to be sentenced on April 14.

“This doesn’t happen very often,” he said.

First-Degree Murder Case on Track to Begin Trial in August

A murder defendant appeared before D.C. Superior Court Judge Marisa Demeo on Jan. 23 to schedule a motions hearing for his upcoming trial set to begin Aug. 7.

Officers of the Metropolitan Police Department were dispatched to the 100 Block of Kennedy Street, NW on Sept. 10, 2021, and found the victim Delonte Hazel, 31, with gunshot wounds. Kevin Singletary, 45, was later arrested and charged with first-degree murder in connection with Hazel’s shooting. 

Singletary pleaded not guilty to the crime. His defense attorney, Howard McEachern, has noted in previous hearings that there is no video evidence placing Singletary and Hazel in the same place, on the day of the incident.

The prosecution countered the defense’s arguments with DNA evidence connecting Singletary to the alleged shooting.

A motions hearing for this case has been scheduled for July 21 at 10:30 a.m. Singletary will appear in court again on April 19 at 9:30 a.m. for an additional status hearing.

Evidence Potentially Compromised in Murder Case, Counsel Says

Counsel in a murder case determined that DNA evidence may be useless.

Terrance Barnes, 33, was arrested on April 30, 2019, in connection to the murder of Barry Holmes, 57, on the 5100 block of Southern Avenue, SE on April 17, 2019. Barnes is being charged with first-degree murder while armed and also possession of a firearm during a crime of violence.

The defense stated that there was a problem with DNA evidence used in the case. 

According to Pierce Suen, Barnes’ defense attorney, samples obtained from the defendant were contaminated with DNA samples from a separate case. 

The prosecutor said he plans to obtain experts in order to determine if the original samples are completely tainted, or usable.

Barnes was released from jail on Feb. 14, 2020, into inpatient treatment with GPS monitoring and home confinement. Barnes was taken off home confinement on Nov. 17, 2020, and is under the High Intensity Supervision Program (HISP) with GPS monitoring. 

DC Superior Court Judge Maribeth Raffinan denied the defense’s request to remove Barnes from HISP, saying the defense needs to file a motion for the request. 

Judge Raffinan set a trial date for Jan. 30, 2024.

The next hearing is scheduled for May 5.

Defendant Pleads Not Guilty in Double Murder Case

 Defendant enters plea of not guilty in a double homicide case during an arraignment hearing on Jan. 23.

Marquis Bullocks is being charged with two counts of first-degree murder premeditated while armed, three counts of possession of a firearm during crime of violence, assault with intent to kill while armed, two counts of unlawful possession of a firearm, threat to kidnap or injure a person, and obstruction of justice. Bullocks, 29, was arrested on Oct. 8, 2021, in connection to the murders of Michael Pate and Djuan Proctor on the 2200 block of Savannah Terrace, SE. 

Bullocks pleaded not guilty to all accounts. Even though the prosecutor said she would be willing to extend a plea offer, Bullock’s attorney, Lisbeth Sapirstein, said he will not be considering a plea offer. According to court documents, evidence allegedly shows him shooting at another vehicle. 

DC Superior Court Judge Maribeth Raffinan scheduled the trial to begin on Aug. 27, 2024, although the prosecution and defense said they are working to find an earlier date. 

The next hearing is scheduled to take place on May 19.

Document: Decedent identified Homicide: 4700 Block of 1st Street, Southwest

Metropolitan Police Department detectives are investigating a homicide that occurred on Jan. 21, on the 4700 block of 1st Street, SW.

According to a press release, at about 10:41 pm, officers located an adult male victim, inside a
residential building, suffering from apparent gunshot wounds. He was pronounced dead at the scene.

The decedent has been identified as 56-year-old Morgan Francis.

Judge Grants Homicide Defendants Motion to Move Upcoming Hearing 

DC Superior Court Judge Maribeth Raffinan granted the defense’s motion to reschedule the proposed hearings, so as not to conflict with an additional court date for the defendant. 

On Sept. 2, 2022, Archie Moore, was placed under arrest on charges of second-degree murder, driving under the influence and reckless driving. Moore, 39, was allegedly involved in a high speed accident on the 200 block of 51st Street, SE. The accident resulted in the death of 60-year-old Rebecca Manley. 

Defense Attorney Roderick Thompson filed a motion to reschedule the status and pretrial show cause hearings for Moore during a Jan. 23 hearing. The prosecution supported the defense on this motion.

In addition to this approval, Judge Raffinan advised the modification of Moore’s pretrial release conditions, which would require Moore to report to pretrial services upon his release from Prince George Correctional Facility. There was no objection from the prosecution. 

 The status and pre-trial show cause hearings are scheduled for March 24, 2023. 

Document: arrest made in an assault with a dangerous weapon

Metropolitan Police Department’s First District detectives made an arrest in an assault with a dangerous weapon (gun) offense that occurred on Jan. 14, on the 1100 block of North Capitol Street, NW.

According to a press release, at about 12:08 pm, the suspect and victims were engaged in a physical altercation at the listed location.

On Jan. 19, 22-year-old Tavon Lucas was charged with assault with a dangerous weapon (gun).

Judge Conditionally Accepts Plea Agreement for Negligent Homicide

In a status hearing on Jan. 23, 2023, DC Superior Court Judge Rainey Brandt conditionally accepted a plea agreement for negligent homicide.

Gerald Lewis was originally charged with second-degree murder. On June 13, 2021, Lewis struck and killed pedestrian, Antonio Felder, while he was standing at a bus stop on the 1500 block of 14th Street, NW.

Judge Brandt conditionally accepted the plea agreement due to ambiguity of the maximum sentence limit for negligent homicide. The court must further review sentencing statutes to officially accept the plea agreement.

After negotiations, the prosecution and defense presented a plea agreement to Judge Brandt, who conditionally accepted the terms, including a 36-month imprisonment followed by probation, which will be determined by the court, and a $100 contribution to the victims of violent crime compensation fund.

By pleading guilty, Lewis waived his rights to a preliminary hearing and Grand Jury indictment as well as DNA testing of the prosecution’s evidence.

He has been fully compliant with release conditions requiring a GPS monitor and curfew as well as prohibiting driving and consumption of alcohol and other substances. The defendant was released Aug. 6, 2021, under these conditions.

The victim’s family will have the opportunity to read live victim impact statements at the sentencing hearing.

The sentencing hearing is scheduled for March 28, 2023.

Judge Schedules Next Hearing for Homicide Case Due to Loss of Witnesses

During a status hearing on Jan. 23, DC Superior Court Judge Rainey Brandt scheduled the next status hearing of a homicide case to give more time for the defense to find replacements for lost witnesses.

Faneshia Scott is charged with the first-degree murder of her 16-month-old child, Rhythm Fields, who was especially vulnerable due to age. Scott, 36, was also charged with seven counts of first-degree cruelty to children in 2017 on the 6400 Block of C Street SE in 2017.

According to Scott’s attorney, Steven Kiersh, during the lengthy process of the case, the two expert witnesses for the defense have retired. The defense requested more time to find replacements for the retired pathologist and false confession expert before the trial is set to begin in 2024.

Scott is currently released under her own recognizance and has agreed to attend future court proceedings. She was allowed to appear virtually for Mondays hearing.

The next hearing is slated for Aug. 9.

Document: Homicide on Minnesota Avenue, NE

Metropolitan Police Department detectives are investigating a homicide that occurred on Jan. 19, on the 4000 block of Minnesota Avenue, NE.

According to a press release, at about 5:42 pm, officers located 23-year-old Keshon Cornish suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Document: Homicide: 4700 Block of 1st Street, southwest

Metropolitan Police Department detectives are investigating a homicide that occurred on Jan. 21, on the 4700 block of 1st Street, SW.

According to a press release, at about 10:41 p.m., officers located an adult male victim, inside a
residential building, suffering from apparent gunshot wounds. He was pronounced dead at the scene.

The decedent’s identity has yet to be identified.

Prosecution is ‘On Track’ for May 25 Retrial Date

The prosecution in a murder case told DC Superior Court Judge Rainey Brandt that they are “on track” for the May 25 retrial date.

The prosecution projects that the trial will last eight days, while the defense projects that they will require three days.

According to Judge Brandt, the trial could last up to two weeks.

Jordan Marquette allegedly stabbed 48-year-old Ivan Lynch in the chest and back on March 1, 2018, on the 900 block of 5th Street, SE. The 28-year-old defendant was arrested that same day and has since been indicted on charges of first-degree murder while armed, armed robbery, threat to kidnap or injure a person, carrying a dangerous weapon and assault with a dangerous weapon.

Prior to the trial, Camille Wagner, defense counsel for Marquette, requested that the court set a date for a motions hearing.

According to Judge Brandt, the defense must file all motions by March 24 and submit all responses by May 1. She set a motion hearing for May 17.

A trial readiness hearing is also scheduled for May 17.

Defense Motions for Dismissal In Homicide Case Due to Delays in DNA Testing

On Jan. 20, five co-defendants who are on track for a 2024 trial were scheduled for a hearing to discuss DNA testing in the case.

Koran Jackson, 22, Reginald Steele, 23, Tyiion Kyree Freeman, 23, Stephen Nelson, 21 and Aaron Dequan Brown, 26, are charged with multiple counts of conspiracy, assault with the intent to kill while armed, first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in connection to the shooting of 13-year-old Malachi Lukes on March 1, 2020 on the 600 block of S Street, NW. 

Jackson and Brown are also charged with tampering with evidence and possession of an unregistered firearm or destructive device. Nelson is also charged with being an accessory after the fact while armed.

During the hearing, counsel discussed the timeline for DNA testing results. The prosecution has not completed DNA testing because it needs Combined DNA Index System approval (CODIS), a software that compares a target DNA record against DNA records contained in the database.

An outside agency is responsible to give this approval, so the testing faculty is hesitant to provide a date for when testing will be done, said the prosecution. 

“The lab won’t even give you a hint?” asked DC Superior Court Judge Rainey Brandt

The prosecution offered a 30-day period for DNA testing to get back and be reviewed by expert witnesses for the upcoming trial set for January 2024. “Once they get the approval, it should not take them long to perform testing,” she said. 

The defense is concerned that there is no concrete time of when the testing will be completed. 

Defense counsel proposed a 60-75 day period for review of DNA testing. “Thirty days would not make sense,” said Andrew Ain.

Judge Brandt agreed, saying 30 days was too soon to review all the evidence. 

The defense counsel’s concerns regarding how long the DNA testing has taken made them file to dismiss the case. 

“No one’s case is getting dismissed orally,” said Judge Brandt, requesting that all attorneys put their motions in writing.

Further, defense counsel requested any videos that the prosecution may have. Still, the prosecution would like the defense to view the videos and if they need a copy, they will provide a redacted copy for them. 

Judge Brandt requested that counsel work the hard drive matter out or file a motion. The next hearing is set for April 7 at 11 a.m. 

Freeman’s defense attorney, Andrew Ain, filed a bond review motion. “Mr. Freeman has grown a lot in the past three years. This case has ruined his life,” he said. 

Ain said Freeman wants to have an educational opportunity since he has lost the years that most people would be going through college

According to Ain, none of the DNA swabs tested had Freeman’s DNA. He added, he was waiting for two years for the DNA evidence, which made it difficult for him to finalize a release statement. 

Freeman was seen in a surveillance video firing a gun, the prosecution argued. Although no faces were seen in the video, it is believed that the clothing matched Freeman’s clothes. 

In regards to the bond review motion, the defense then quoted the defendant, “Why would I run if I want to have this trial because I believe it will exonerate me?” 

“When he can’t even behave on the inside, why would you ask me to put public safety at risk? Motion denied,” Judge Brandt said.

She explained that the court reached out to the Department of Corrections (DOC) regarding Freeman’s education interest. Residents are not allowed educational services after thirty days after a disciplinary report. 

Mr. Freeman was denied General Education Development (GED) services 14 times due to disciplinary reports or being placed in restrictive housing, according to Judge Brandt. 

He is currently on restrictive housing until Feb. 10 because of disciplinary reports.

Judge Denies Defense’s Request to Postpone Homicide Defendant’s Sentencing

During a Jan. 20 sentencing, DC Superior Court Judge Rainey Brandt denied the defenses request to postpone a homicide defendant’s sentencing to file for a retrial.

Edward Brown, 60, is charged with first-degree murder while armed of a senior citizen in January for stabbing and killing 77-year-old, Michael Mahoney on Feb 5, 2018, on the 2300 block of 11th Street, NW. 

The sentencing was postponed until March 24 due to defense attorney, Megan Allburn being appointed at the last hearing.

Defendant in Homicide Case Turns Down Further Testing

A homicide defendant turned down independent DNA testing during a status hearing on Jan. 20.

Jamil Whitley, 35, is being charged with first-degree murder while armed, possession of a firearm during a crime of violence, carrying a dangerous weapon outside a home or business, and unlawful possession of a firearm. Whitney allegedly shot 32-year-old Kevin Redd on June 11, 2020, on the 4000 block of Jay Street, NE. Various physical evidence, such as cups and cigarette butts were collected on the scene, according to court documents..

On July 16, 2020, the Department of Forensic Services (DFS) determined there was no human evidence found on any items obtained at the scene. However, the prosecution decided to run further tests on the evidence and eventually requested additional time for DNA testing in February 2022.

On Jan. 20, the prosecution revealed that the remaining tests conducted on the physical evidence were inconclusive. There were also no weapons recovered from the scene.

“Unless there is some evidence I don’t know about, I am ready to proceed [to trial]”, said defense attorney Madalyn Harvey.

D.C. Superior Court Judge Anthony Epstein inquired about further independent DNA testing.

Whitley said he was confused with the question at first, then answered that he did want independent testing.

After a brief consultation with his lawyer, Whitley changed his mind, and ended up stating he did not want any further testing.

A trial readiness hearing is set for Nov. 17, 2023, at 11 a.m.