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Judge Finds Probable Cause For Voluntary Manslaughter Despite Claims of Self-Defense 

On April 19, DC Superior Court Judge Rainey Brandt said she couldn’t justify probable cause for a second-degree murder charge but did find evidence for voluntary manslaughter. 

Twenty-four-year-old Dionte Anderson is charged with second-degree murder while armed in connection with allegedly shooting of Adrian Mack, 31, on Aug. 7, 2022, on the 300 block of 50th Street, NE. 

On Wednesday, during a resumed preliminary hearing, parties made their final arguments before Judge Brandt. 

The prosecution argued that there is enough evidence to find probable cause for second-degree murder and if not probable cause should be found for voluntary manslaughter. 

Prosecutors also said there was no self-defense in this case because the victim was already hurt before Anderson shot him and one  can see in the video that Anderson got closer to Mack before shooting him.

While the defense said Anderson saved lives, the prosecution questioned “Whose lives did he save?”

“Whose lives? Glad you asked,” defense counsel Prescott Loveland said. He referenced the people who were standing on the scene whose “brains would have splattered on the brick wall behind them.”

Loveland argued that Anderson acted in self-defense and stopped what could have been a mass shooting from happening. 

Mack, according to Loveland, was a “crazed gunman” who was walking the block pointing a gun at Metropolitan Police Department (MPD) cameras and trying to shoot them.

Judge Brandt stated that Mack was the person who started the chaos and there is a lack of evidence to find probable cause for second degree-murder, but there is no doubt that there is probable cause for voluntary manslaughter since Anderson allegedly shot and killed Mack.

Loveland requested Anderson’s release awaiting trial, however Judge Brandt denied the request, referencing the safety of the community and lack of assurance he would show at his next court appearance. 

A status hearing is scheduled for April 25 to set a trial date.

Counsel Disputes Trial Date with Judge in 2019 Non-Fatal Shooting Case

During a status hearing on April 19, a defense attorney sighed in distress when a judge sternly ordered him to alter his trial schedule. 

Leroy Headspeath, 80, was indicted on charges of assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside a home or business, possession of an unregistered firearm and unlawful possession of ammunition on May 25, 2022. 

What seemed to be an action-packed game of ping pong between DC Superior Court Judge Andrea Hertzfeld and defense attorney Theodore Shaw ended with a mutual agreement on a trial date slated for later this year.

The incident occurred on the 700 and 800 block of H St, NE on Oct. 3, 2019. Headspeath was seen shooting at the ground and fleeing into an alleyway leaving behind a trail of blood. When officers arrived they saw the defendant lying against the fence suffering from what seemed a self-inflicted gunshot wound located on the upper left leg. 

Since the incident, Headspeath has been on release under the supervision of the pre-trial services agency.

On Wednesday, a plea agreement was offered for unlawful possession of a firearm. 

The defendant, at first, said he didn’t understand the plea agreement but ultimately rejected it.

Initially, the defense was attempting to push this case to next year. 

However, the prosecution believed that pushing a case that is “outdated” was assured for an earlier trial date. The prosecutor requested to continue with a trial date for this year.

“The trial is straightforward and should not take more than three days,” he said.

Judge Hertzfeld agreed and requested that both parties prepare to set a trial date in October. 

Parties are scheduled to reconvene on Sept. 25 to select the date.

Judge Finds Substantial Probability in First-Degree Murder Case

On April 19, DC Superior Court Judge Marisa Demeo found substantial probability that David Howard committed first-degree murder in connection with an ongoing dispute.

Howard, 37, is charged with first-degree murder while armed for his alleged involvement in the stabbing of Ali Zarrincalaki, 45, on March 2 on the 4200 block of Kansas Avenue, NW. Howard and Zarrincalaki were both experiencing homelessness and camping near one another close to the Petworth Metro Station. 

According to court documents, Metropolitan Police Department (MPD) officers found Zarrincalaki at the Petworth Library with multiple stab wounds. Howard was detained by several bystanders as they awaited medical assistance for the victim. 

The lead detective for the investigation was brought forth by prosecutors to testify of his involvement in the on-going investigation. 

Video footage of the incident shows Zarrincalaki sitting at a computer in the library when Howard arrives. Howard is then seen approaching Zarrincalaki and apparently stabbing him multiple times, with other bystanders running away or trying to stop him from injuring Zarrincalaki any further. 

While the video played and the defendant was seen entering the area, the detective told the court “that’s the defendant walking in”. When the video portrays Howard allegedly stabbing Zarrincalaki, the detective told the court “there he is, stabbing the decedent.”

During cross examination, Howard’s defense attorney Madalyn Harvey, questioned the detective regarding Howard’s mental health history. According to the detective, Howard’s mental history was not something he looked into, but, during the initial interview, Howard was making bizarre statements and not acting rationally. 

The detective testified that 3-4 weeks before the murder, Zarrincalaki reported to MPD officers that Howard had set his tent on fire. 

Following the detective’s testimony, Harvey asked the court to understand that, at the time of the incident, Howard was not mentally stable and was unaware of what he was doing. She argued that due to his mental state, he would not have been able to plan the murder.  Harvey requested that the judge not find probable cause for a first-degree murder. 

Judge Demeo alerted the parties that, based on the evidence provided to the court, she found substantial probability that Howard had committed first-degree murder. 

She explained that due to the nature and circumstances of the offense, there are no release conditions that would ensure  safety of the community, and the defendant’s  long criminal history shows he’s potentially dangerous. 

Parties are expected back for a felony status conference on June 2. 

First-Degree Murder Defendant Rejects Plea Offer

On April 19, a first-degree murder suspect rejected a plea deal offered by prosecutors.

Kevin Singletary, 45, is charged with premeditated murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction for allegedly shooting 31-year-old Delonte Hazel on Sept. 10, 2021, on the 100 block of Kennedy Street, NW. 

The prosecuting attorney alerted the court that he had extended a plea offer to Singletary in March, which would have his lessened his charge to second-degree murder. Under the reduced charge, Singletary would be expected to serve between 13 and 25 years for the offense. 

DC Superior Court Judge Marisa Demeo asked Singletary if he had made a decision regarding the offer, to which he replied that he would be rejecting the offer and asking for a new trial date. 

A new trial date was set for May 2024 after the defense motioned for a continuance of the August 2023 trial date. 

Parties are expected back for a status hearing on Aug. 11. 

Defense Warns Judge of Threatening and Illegal Behavior of WebEx Viewers in Homicide Case

Defense attorney Dana Page interrupted DC Superior Court Judge Michael O’Keefe during an April 19 hearing to discuss threats and disrespectful behavior by WebEx viewers apparently sympathizing with the victim.

Bobby Jordan, also known as Hilman Ray Jordan, 46, is charged with first-degree murder while armed, possession of a firearm during a crime of violence and carrying a pistol without a license in connection to the murder of Jawaid Bhutto, 64, on March 1, 2019, on the 2600 block of Wade Road, SE.

Page stated that prior to a routine judge transfer, people connected to Bhutto were caught taking photos, attempting to record court hearings, and threatening judges and attorneys on social media.

Judge O’Keefe reminded viewers it was illegal to do those things.

The defense requested a so-called short order continuing a criminal responsibility evaluation. Judge O’Keefe granted that request.

Criminal responsibility evaluations are a review of the person’s mental status at the time they committed the alleged offense and if the person who committed the crime can be held accountable by law. 

These evaluations differ from competency evaluations that determine a defendant’s competency to stand trial. 

According to one witness, Jordan suffers from paranoid schizophrenia, citing auditory delusions as the symptom that most frequently impairs his ability to form rational and logical thoughts.

He was found mentally competent to stand trial in a prior hearing.

The next hearing discussing these results is scheduled for June 16.

DC Jail Is Denying Adequate Treatment, Diabetic Defendant Says

Defense Attorney Andrew Clarke said he visited his diabetic client at the DC Jail and saw he “wasn’t himself.” 

Dont’e Casson, 27, is charged with one count of carrying a pistol without a license, one count of threat to kidnap or injure a person, and one count of possession of a firearm by a convicted felon. Casson allegedly fired his weapon and threatened to kill his ex-girlfriend on March 12 on the 1800 block of Good Hope Road, SE. 

On April 18, Clarke informed DC Superior Court Judge Maribeth Raffinan that his client is diabetic and is not receiving the treatment he needs in DC Jail. Judge Raffinan asked Casson whether he was allowed to test his blood-sugar levels while incarcerated. 

Casson said that while he could test his blood sugar, medical staff said they are only allowed to administer two shots of insulin a day. Casson says his blood sugar has been low and he requires three.

Judge Raffinan reaffirmed that she is “a lawyer, not a doctor and cannot tell them how to administer treatment.” However, she assured Casson that she will raise his concerns to the jail and issue a medical alert. 

In addition, Casson rejected the prosecution’s plea offer from March 30 and requested a trial date. Judge Raffinan scheduled the jury trial for July 24. 

Parties are scheduled to return to court for a status hearing on May 23. 

Defendant Pleads Not Guilty to Accessory After the Fact Charges

A 32-year-old defendant pleaded not guilty to a four-count indictment on April 19 in a hearing before DC Superior Court Judge Maribeth Raffinan.  

Metropolitan Police Department (MPD) officers confiscated a handgun associated with a shooting near the 200 block of Bates Street, NW. The shooter allegedly handed the gun to Natalie Stokes after wounding a man on April 12, 2021. The two were said to be involved romantically at the time of the incident.  

During Wednesday’s felony arraignment, Stokes pleaded not guilty to one count of accessory after the fact, one count of carrying a pistol without a license, one count of possession of an unregistered firearm, and one count of unlawful possession of ammunition. 

In taking Stokes’ plea, Judge Raffinan set a status hearing to allow parties to prepare for trial. 

The prosecution requested the court schedule the trial for September. However, Judge Raffinan said she was unable to schedule anything past July and asked attorneys why they were unable to schedule a sooner date.

The prosecutor said two key witnesses plan to spend their summer in Europe and are absent until late August. 

A trial date will be discussed during the next status hearing.

Stokes is set to return to court on May 15. 

Defendant Arraigned on Felony Charges in Homicide Case

A defendant was arraigned on felony charges in an April 19 hearing before DC Superior Court Judge Michael O’Keefe.

Maurice Williams, 19, and Seaun McDowney, 19, are being charged with conspiracy, first-degree murder while armed , and other charges in connection to a shooting that killed Marquette White Jr., 20, on Jan. 21, 2022, on the 3800 block of Commodore Joshua Barney Drive, NE. McDowney was arraigned on April 14, when he pleaded not guilty to the charges.

According to court documents, a witness said three black males were standing around a cream-colored vehicle when a single gunshot was heard. The witness observed one male fall to the ground.

The significant other of White stated that McDowney is White’s half-brother, and, on the day of the incident, the two were together.

Another witness said McDowney told them details of the shooting, including Williams’ participation. 

The next hearing is scheduled for May 17. This will be the first hearing with both co-defendants.

Defense Discusses Possible Continuance Due to Jury Selection Litigation in Homicide Case

Defense Attorney Imeime Umana discussed a possible trial continuance in an April 19 hearing due to her role in a jury selection litigation.

Rashon Hall, 27, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in connection to the murder of Joseph Simmons, 22, on Jan. 3, 2021, on the 2800 block of Alabama Avenue SE.

Simmons was shot twice in the left side of his back, once in the middle of his back, and once in his finger. According to court documents, Hall allegedly shot Simmons and then jumped into a blue Honda Accord that sped away.

The prosecution conceded no interpretable DNA was found on any of the physical evidence tested from the Honda. 

Umana said she does not want to test any other evidence items or retest.

Attorneys have been litigating alleged disproportionate Black representation on jury panels since 2021. Umana said she is unsure if matters will be settled before the trial date, Jan. 3, 2024.

A status hearing to discuss updates is scheduled for Oct. 15.

Detective Continues Testimony about Events that Link Defendants to Shooting

During the trial on April 18, a detective delivered testimony about four separate Instagram videos showing some defendants dancing and singing along to songs just two hours after Makiyah Wilson was declared deceased. 

Gregory Taylor, 26, Quentin Michals, 25, Qujuan Thomas, 24, Darrise Jeffers, 23, Isaiah Murchison, 22, 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 the death of 10-year-old Wilson. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018. 

Before she concluded her four hour long questioning, the prosecutor played various Instagram videos associated with the defendants. These videos included a conversation between Jeffers and a follower on InstagramLive. The recording, which was filmed from the passenger seat of an associated vehicle, showed Jeffers briefly flashing an assault rifle.

The prosecutor also played surveillance tapes from the day of the murder, where the detective identified Michals. During Thursday’s trial, the detective also identified Murchison and Thomas.

Street cameras caught a black sedan and a silver BMW. The two vehicles, allegedly associated with Wilson’s death, were seen traveling to and from an apartment complex on the 2500 block of Pomeroy Road, SE.

The parties will continue the trial on April 19.

Prosecution Fears Defense is Seeking to Postpone Murder Trial

On April 18, the prosecution requested the defense waive their claim, so the trial for Ernest Cleveland would not be postponed, again. 

Cleveland, 29, is charged with first-degree murder while armed, three counts of possession of a firearm during a crime of violence, assault with intent to kill while armed, aggravated assault knowingly while armed, and unlawful possession of a firearm for allegedly shooting 39-year-old Edward Pearson and another person. According to court documents, MPD responded to a call regarding an unconscious person on Nov. 26, 2020, on the 2900 block of Connecticut Avenue, NW. 

During Tuesday’s hearing, the prosecution requested the original trial date be moved up from July 10 to May, to keep the defense from postponing proceedings with their claim.

Defense attorney Madalyn Harvey scoffed and assured the court that she would not be requesting for a delay in the trial.

The claim in question was submitted to the court on April 12. The defense moved the court to grant evidence material related to jury selection methods during the COVID-19 pandemic from January 2021, onward. 

According to court documents, the defense argued jury selection in the District of Columbia is, historically, non-representative of the district’s population and they wish to ensure Cleveland is being tried in the most fairest of conditions.

However, the prosecution said these claims were used as a tactic to postpone the trial, again. 

Two delays were found in the court docket: during a Feb. 10 hearing. The defense said they would not proceed with trial until they received three evidentiary items pertaining to the case. Then, on March 3 a new trial date was set to compensate for the defense’s motion to reopen a preventative detention hearing. 

Much to their dismay, DC Superior Court Judge Robert Okun denied the prosecution’s request to move the trial date, and refrained from advising the defense to waive their claim. 

However, Judge Okun set a trial readiness hearing for May 25 to keep parties on track. 

A motions hearing was also scheduled for June 23 and jury selection will be conducted July 10.

Judge Sentences 20-Year-Old Homicide to 12 Years in Prison

DC Superior Court Judge Maribeth Raffinan sentenced a 20-year-old homicide defendant to 144 months in prison during an April 14 hearing.

Shaquille Bynum was originally charged with first-degree murder while armed in connection to the death of Ibrahim Sesay, 20, on the 1300 Block of 9th Street, NW on Jan. 6, 2021.

Bynum and Howard both accepted plea deals on Feb. 9, 2022, to one count of voluntary manslaughter while armed each.

Judge Raffinan said the actions taken by Bynum and Howard as a group of friends showed similar conduct and there was no reason to sentence them differently. Sean Howard was also sentenced to 144 months in prison on Feb. 10.

“This death has caused irreparable harm to family and friends,” explained the prosecution. The prosecutor said there was extreme, blatant violence in this case, requesting 15 years of incarceration and five years of supervised release — the upper end of the sentencing guidelines. 

According to court documents, Sesay was home from college and out with friends when he happened to be in a minimart where Bynum and Howard, 20, allegedly attempted to commit an armed robbery. While Sesay was on the ground, Howard fired multiple shots while fleeing, hitting Sesay multiple times. As Bynum fled he also fired one shot from his gun, which hit Sesay in the face.

Bynum may have been a follower, but he was an active participant in this pattern of bad decisions, argued the prosecution.

“He is the only son who carried my name,” the victim’s father said during an impact statement. “He will never bring back my son. I hope you change, your family needs you,” he directed to the defendant, “the choice is yours now.”

Another impact statement was read by the victim’s sister over Webex.

“You took my brother from me,” she said. “For you to shoot a man down while he was already shot makes you a coward.”

Defense attorney Stephen Brennwald acknowledged that the situation before the court was heartbreaking. He explained that friends had put Bynum’s mind in a bad place, but his high school degree program has put his mind in a better place and he will never get over what he did.

Brennwald explained that the shot taken by Bynum was random and tragic, but the randomness should not be a factor in his sentencing. Brennwald advocated for a lesser sentence than that given to Howard.

“I am terribly sorry for the pain that I caused,” said Bynum when given the opportunity to speak.

In addition to the prison term, Bynum will have to register as a gun offender. Judge Raffinan also imposed 18 months of supervised release and five years of probation in addition to 90 hours of community service as part of the youth rehabilitation act. 

Judge Raffinan said she would recommend a stay at the DC Jail, so Bynum can finish his high school degree program before being transferred to a federal institution.

Judge Holds Defendant in Domestic Homicide

DC Superior Court Judge Marisa Demeo held a homicide defendant in custody during an initial hearing on April 12. 

Charles Terry, 58, was charged with second-degree murder during a domestic incident on Jan. 30 on the 1500 Block of Anacostia Avenue, NE. Terry is accused of killing his wife, 39-year-old Lennette Clark, by allegedly beating her while their children were in the house. The Metropolitan Police Department (MPD) responded to the scene,  according to court documents, and located Clark suffering from apparent trauma. Clark was declared dead at the scene.

Defense attorney Jonathan Armstrong argued there was lack of probable cause in the case, mentioning that the medical examiner had not officially determined Clark’s cause of death to be a homicide. He also argued that the two witnesses present in the house, at the time of the incident, who are both juveniles, were influenced by statements from another adult witness.

The prosecution argued the nature of Clark’s injuries suggest a homicide and witness statements are consistent. The prosecutor also said a bloody shirt found at the residence would link Terry to the victim. 

Judge Demeo found probable cause the evidence indicated the defendant was responsible for the murder.

Armstrong asked Judge Demeo to release Terry.

He said the defendant does not have a violent history and would have a place to go if released. 

The prosecution countered  that the defendant’s criminal history is violent, including  burglary and  grand larceny. The prosecutor also said the murder was particularly brutal.

Judge Demeo held Terry without bail. She said the evidence in the case is quite strong and the case is particularly concerning given Terry’s relationship with Clark.

Terry is scheduled to return to court on May 3.