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Jury Selection Continues for Murder Trial

The jury selection for six of nine co-defendants charged in the murder of a 10-year-old girl is scheduled to continue on Feb. 7.

Qujuan Thomas, 24, Quentin Michals, 25, Marquell Cobbs, 20, Darrise Jeffers, 23, Isaiah Murchison, 22, and Gregory Taylor, 26, are charged with first-degree murder, criminal street gang affiliation and other charges in connection to the fatal drive-by shooting that killed 10-year-old Makiyah Wilson on July 16, 2018, on the 300 block of 53rd Street, NE.

During Monday’s jury selection, 75 potential jurors attended to be interviewed by DC Superior Court Judge Robert Okun.

The prosecution read out over 100 names of witnesses that will be testifying in this case.

The defense expects to call up to 16 of those witness.

Jail Separation Order Puts Defendants’ Safety in Jeopardy, Says Defense Team

During a Feb. 3 status hearing, defense attorneys for multiple co-defendants charged in a conspiracy case argued that the separation order the prosecution imposed has been a “logistical nightmare for the jail.”

Co-defendants Nkobia Edwards, 20, Charles Hill Jr, 22, Dominique Franks, 22,  Melvin Morris, 24, Michael Mason, 19,  Dajuan Jones, 23, and Alvin Jackson, 28,  are incarcerated for their alleged conspiracies and involvement in a non-fatal construction site shooting. 

The shooting occurred on the 3300 block of 34th Street, NW on June 17, 2021. According to court documents, a car pulled up to the construction site and three gunmen exited the vehicle to open fire on the site before hopping back into a stolen vehicle and fleeing the scene. A vehicle pursuit lasted approximately 30 minutes before Metropolitan Police Department (MPD) officers captured the car and its four occupants.

Additionally, Mason and Jones are also facing additional charges for their involvement in the murder of 21-year-old Brea Moon, which occurred on the 3900 block of Alabama Avenue, SE on April 7, 2020.

Jones and Jackson are also allegedly charged with assault with intent to kill while armed for a shooting that occurred on the 5000 block H Street, SE on May 2, 2020.  

Apart from the other co-defendants, Mason is allegedly charged with the murder of 18-year-old Antwuan Roach, which occurred on the 3800 block of East Capitol Street, NE on May 22, 2020.

Both murders were believed to be gang-related incidents, according to court documents.

Due to a prosecution separation order, all co-defendants have been separated in the DC jail for over 16 months.

The prosecution listed the reasoning behind the separation as crew-related issues and misconduct by the defendants, noting that they accessed cell phones and social media while in jail. DC Superior Court Judge Anthony Epstein  questioned the purpose of the separation when it comes to addressing the issues behind it. 

Attorneys Howard McEachern and Gemma Stevens  representing Edwards, attorney Shawn Sukumar representing Hill, attorneys Megan Allbrun and Julie Swaney representing Morris, attorney David Knight and Prescott Loveland representing Jones, attorney Euphus Belu-John representing Jackson, and Ain Andrew all joined to request the separation order to be waived.

The defense claimed that their clients’ access to education is paused since the separation order prevents them from being in the DC Jail’s communal classroom. They also argued that the defendants’ safety is in jeopardy due to their placement among members of an alleged rival group. 

Judge Epstein said he needed time to discuss the issue with DC Superior Court Judge Milton Lee before deciding on the separation waiver request. 

During the Friday status hearing, the prosecution also informed the court of standing plea offers, stating that one of the defendants, who was not present in court, pleaded guilty. The prosecution is still waiting on others to respond. 

On behalf of Mason, attorney Andrew rejected the plea offer, while the others asked for more time. 

Even though the offers are wired, Mason’s rejection of his plea offer did not affect the others because he holds an additional murder charge not listed in DC Courts, besides the murders of Moon and Roach, said prosecution. 

Frank, Hill, and Jackson, along with others, had their families present in the courtroom for support.  

For the ease of future hearings, Judge Epstein split the defendants into three groups, with some overlapping into multiple. 

  • Group 1: Edwards, Franks, Morris, and Hill.
  • Group 2: Hill, Mason, Jones, and Jackson. 
  • Group 3: Jones and Jackson.

Status hearings for the groups are scheduled for March 17. 

Judge Schedules Motion Hearing to Continue After Hearing from 2 Experts 

During a motions hearing on Feb. 6, DC Superior Court Judge Rainey Brandt oversaw two witness testimonies which could impact whether or not they will be used at trial.

Alphonso Walker, 45, is charged with two counts of first-degree murder while armed under aggravating circumstances, six counts of possession of a firearm during a crime of violence, two counts of unlawful possession of a firearm, two counts attempt to commit robbery while armed, and two counts of first-degree murder while armed while committing or attempting to commit a robbery for allegedly murdering Dalonte Wilson, 23, and Antone Brown, 44, on April 25, 2018, on the 400 block of 61st Street, NE. 

During the Feb. 6 motions hearing, the parties finished listening to two separate expert witnesses who discussed the idea of what language to use during trial in a way the jury would understand. 

The next motions hearing is scheduled for Feb. 8. 

Murder Defendant Pleads Not Guilty to Six Felony Charges 

Johnwann Elliot was officially arraigned on Feb. 6 during a felony arraignment court hearing. 

On March 15, 2022, Elliot, 29, allegedly shot Nikia Young. Young, 37, was seen on surveillance footage walking through the 2200 block of Minnesota Avenue, SE when she encountered the defendant who shot her seven times to the body and face. 

Defense attorneys Kevin O’Sullivan and Roderick Thompson are representing Elliot. O’Sullivan entered a not guilty plea for first-degree murder while armed during release, unlawful possession of a firearm during release, two counts of possession of a firearm during a violent offense during release, and carrying a pistol without a license. 

Defense counsel also invoked Elliot’s right to a speedy trial for the homicide case.

Metropolitan Police Department (MPD) officers collected several witness testimonies from the scene that afternoon, including statements from the victim’s family and friends, according to court documents. When questioning the friends and family of the victim, officers inquired into possible motives, including a rumor that the victim allegedly stole a firearm from the defendant. 

Even though Elliot is associated with a local address, he was arrested by members of the Capital Area Regional Fugitive Task Force (CARFTF) in a hotel room on May 19, 2022. 

DC Superior Court Judge Maribeth Raffian set a status hearing for June 6. 

Physician Assistant Accused of Sexual Abuse Awaits Trial Date

During a Feb. 6 status hearing, the prosecutor confirmed that a pre-indictment plea offer given to a sexual abuse defendant was rejected on the record. 

A 48-year-old physician assistant is charged with second-degree sexual abuse of a patient or a client. The incident allegedly occurred at Metro Lab, a full-service testing facility on the 3400 block of Georgia Avenue, NW, where he was formerly employed. 

Defense attorney Rachel McCoy affirmed that the defendant initially rejected the prosecution’s plea offer on Oct. 28, 2022.

DC Superior Court Judge Anthony Epstein scheduled the next hearing following the 9 month indictment deadline. 

A felony status hearing is scheduled for June 7.

Judge Holds Defendant Charged With Assault with a Dangerous Weapon

During a presentment hearing on Feb. 3, DC Superior Court Judge Judith Pipe held a defendant in relation to a non-fatal shooting.

The defendant, Larry Tunstall, is charged with assault with a dangerous weapon and carrying a pistol without a license for his alleged connection to a shooting on Aug. 27, 2022. 

Tunstall, 23, allegedly struck an off-duty FBI agent’s vehicle while driving on the DC295 highway. When the agent attempted to flag the defendant down, Tunstall allegedly shot at his vehicle while passing Benning Road. 

Tunstall’s defense attorney, Chantal Jean-Baptiste, requested that the judge not find probable cause due to the fact that Tunstall did not fit the description given by the agent. The defense also claimed that there was not enough information to identify Tunstall as a suspect. 

However, the prosecution argued that there was enough evidence to find probable cause as the vehicle used by the suspect was traced back to Tunstall’s home and someone who lives with him reported that he was driving the day of the incident. The prosecution also said  that there was probable cause for carrying a pistol without a license as the possible pistol was found in Tunstall’s home. 

The preliminary hearing is slated for Feb. 6 was waived, and a felony indictment is pending.

Tunstall continues to be held without bond at the DC Jail.

The next hearing is scheduled for Feb. 16.

Evidence of Juror Misconduct Presented in Hearing Following Guilty Verdict of Co-Defendants 

After nearly two months following the guilty verdicts of co-defendants James Mayfield and Robert A. Moses, the court reconvened at a status hearing on Feb. 3 to put forward a motion, suggesting juror misconduct. 

After the jury delivered the verdict on Dec. 8, 2022, two witnesses came forward claiming that Moses went to high school with one of the trial jurors. 

Mayfield, 23, and Moses, 24, were convicted of first-degree murder while armed, possession of a firearm during a crime of violence, conspiracy, assault with a dangerous weapon, assault with intent to kill while armed, assault with intent to kill with an aggravating circumstance of the victim being vulnerable because of mental or physical infirmity, and aggravated assault while armed for killing 17-year-old Jamahri Sydnor on Aug. 12, 2017. 

The co-defendants are currently awaiting sentencing, which is scheduled for June 9. 

In the hearing, Mayfield’s defense attorney, Veronice A. Holt explained to DC Superior Court Judge Maribeth Raffinan that Mayfield had told her he needed to tell her something just moments before the verdict was delivered. Holt said she was not made aware of the information about the potential juror misconduct until after the verdict was read. 

Moses’ defense attorney, Steven R. Kiersh also added that he was informed of the potential juror misconduct after the verdict was delivered. 

He explained to the court that a witness said they went to high school with both Moses and the juror. Additionally, a second witness came forward, after sitting in the audience of the trial, and said they went to the same high school as Moses and the juror.

Judge Raffinan questioned both the prosecution and defense regarding how exactly this information came out. Kiersh said he found out through a “secondary source” and has had no direct contact with the witnesses. 

Both the defense and prosecution have multiple unanswered questions regarding the validity of these claims. 

The juror in question was present in the courthouse, however, Mayfield’s defense attorney and the prosecution requested to wait until the evidentiary hearing to examine the witness in order to gain a better foundation of the facts. 

Kiersh opposed both Holt and the prosecution, stating that it was necessary to ask the preliminary questions to get a baseline understanding for their next hearing. 

Judge Raffinan agreed with the prosecution and Holt and scheduled two evidentiary hearings to examine the two witnesses and the juror in question. 

The first evidentiary hearing is scheduled for April 7 for the defense to examine the witnesses. The following evidentiary hearing is scheduled for April 24 to examine the juror.

Homicide Trial Pushed Back Over a Year

A homicide defendant’s trial was pushed back to over a year later in a status hearing on Feb. 3.

Kenneth Stewart, 61, is charged with the first-degree murder while armed and assault with a dangerous weapon for allegedly shooting 54-year-old Courtney Jones. The incident occurred in July of 2020 on the 2300 block of Pennsylvania Avenue, SE.

Defense attorney Dominique Winters stated, at the beginning of the hearing, that she had recently done research on prior cases, which led her to raise concerns about possible issues with the Grand Jury.

This research led her to request a delay in the trial, initially set to happen Feb. 21, to further litigate in regards to the issues.

D.C. Superior Court Judge Marissa Demeo stressed to the defendant that this would cause significant delays, and he would be detained in prison all the while these challenges are being investigated.

“I don’t think anyone knows how long this could take,” said Judge Demeo.

Winters assured the judge her client was aware of what this means for him.

The original trial date was vacated.

The prosecution, defense, and judge were all unavailable until 2024, so the next trial date was set for July 9, 2024.

The next hearing is set for Feb. 13.

Parties Discuss Trial Readiness Dates for Upcoming Homicide Trial 

A trial readiness hearing was held for an upcoming homicide trial to discuss deadlines and witnesses. 

Nelson Davis, 19, is charged with second-degree murder while armed and possessing a firearm during a crime of violence offenses committed during release for allegedly shooting Jason Ford on the 1700 block of West Virginia Avenue, NE on Aug. 15, 2022.

In a Feb. 3 trial readiness hearing, both the defense and the prosecution discussed matters for an upcoming jury trial, including….. 

DC Superior Court Judge Rainey Brandt began setting preliminary trial readiness deadlines for motions and expert notices. 

The prosecution expects the trial to last four to five days, expecting one expert witness and 8-10 other witnesses to testify. 

The defense also expects one expert witness and 3-4 other witnesses to take the stand. 

Both parties are scheduled to come back on March 31 for a status hearing. The motion due date is set for May 5 as well as the expert notice due date. 

A motions hearing date is set for June 23. 

Plea Bargain Upsets Victim’s Family in Homicide Case

A victim’s family and friends spoke out against a plea deal in a homicide case during a trial readiness hearing on Feb. 3.

Collin Potter, 30, is charged with the second-degree murder of 36-year-old Vongell Lugo. Potter, a former Navy Corpsman, stabbed Lugo to death on Jan. 6, 2019, on the 2800 block of Wisconsin Avenue, NW.

The court offered Potter a plea deal, which would drop all additional charges other than second-degree murder. This includes kidnapping and first-degree sexual abuse. By accepting this deal, Potter would spend 14-16 years in prison.

Potter accepted this offer.

Lugo’s lifelong friend, behalf of the family, said the victim’s family believes the range of time Potter received in prison does not match the crime, and that he is a danger to society.

“Vongell was a friend, son, brother, uncle, and he will not live the rest of his life,” said Lugo’s friend.

The family wants Potter to receive the maximum sentence, which is up to 40 years in prison, the friend said.

Lugo’s friends and family also believe that the court is overlooking vital information that would lead to a first-degree murder charge.

“Nothing could have provoked that type of reaction,” said another one of Lugo’s friends.

D.C. Superior Court Judge Marisa Demeo accepted the plea for today, but noted her final decision would be made at the next hearing. She assured the victim’s friends and family that she would take their statements into account.

The next hearing is set for April 14.

Trial for 2011 Sex Abuse Case Moved to 2024

Scheduling conflicts with the defense in a sex abuse case pushed the initial trial date back more than a year.

The defendant, 42, is charged with six counts of first-degree sexual abuse where the defendant has been found guilty of committing sex offenses against two or more victims. He allegedly broke into a home and sexually assaulted an 11-year-old child in October of 2011 on the 3000 block of Stanton Road, SE. The defendant is also charged in another case involving the allege sexual assault of a 10-year-old child in September 2011 in an Oxon Hill residence in Maryland.

D.C. Superior Court Judge Marisa Demeo asked the prosecution about DNA updates.

The prosecution stated that the DNA has not moved forward due to outside issues, but it would not cause delays in the trial date.

However, the defense had a scheduling conflict with another trial, so the defendant’s trial needed to be moved regardless.

The initial trial date of Feb. 8 was vacated. The trial was ultimately moved to Oct. 28, 2024.

The next hearing is set for July 14.

Status Hearing Date Set for Upcoming Grand Jury Trial

Both the defense and prosecution met to provide their updates on each side of the case for an impending homicide trial.

Delonte Jackson, 23, is charged with second-degree murder while armed in connection to the murder of  44-year-old Artavarn Wagner on March 3, 2022, on the 1700 block of Gales Street, NE. Jackson allegedly stole the victim’s car after shooting him. Jackson’s DNA was found on the car’s steering wheel, according to court documents.

During the hearing on Feb. 3, the prosecution and defense set a date for an upcoming status hearing on this case. 

The prosecutor is seeking an indictment and asked for another hearing in April. 

The defense had no objection.

“This is a case where plea negotiations are continuing,” said defense attorney Megan Allburn. 

DC Superior Court Judge Rainey Brandt set the next status hearing for April 13.

Defendant Unable to Attend Hearing Due to Conflict at DC Jail

DC Superior Court Judge Robert Okun ruled at a felony status conference hearing on Feb. 3 that the hearing should be rescheduled due to an undisclosed issue at the DC Jail, leaving the defendant unable to attend.

Marcus Barringer, 31, is charged with second-degree murder while armed for allegedly murdering Rashad Davis, 32, on May 6, 2022, on the 2300 block of Nicholson Street, SE. 

Defense attorney Lisbeth Sapirstein said the hearing should be moved because of discussions that Barringer may wish to represent himself with Sapirstein as his advisor.

The prosecution had no objections and agreed the hearing should be moved.

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

Judge Reduces Release Conditions for Homicide Defendant

DC Superior Court Judge Robert Okun reduced the release conditions for a homicide defendant in a felony status conference hearing on Feb. 3.

Gary Rush, 40, is charged with second-degree murder for allegedly killing Keena Dowtin on Sep. 20, 2020, at Fort Dupont Drive and Fort Davis Drive in Southeast, DC. Rush has been under the high intensity supervision program (HISP) since January of 2022.

Pretrial services stated that Rush has been compliant, checking in once per week in person.

Defense attorney Nathaniel Mensah requested that Rush check in with pretrial services by phone in order to avoid disrupting the defendant’s work schedule.

The prosecution suggested a hybrid compromise where Rush would check in by phone weekly and in person once per month.

Judge Okun granted the change in release conditions, ordering the defendant to check in with pretrial services in person once a month and otherwise by phone.

Rush is scheduled to return to court on March 3.

Judge Orders Attorney of Man Convicted of Sex Abuse to Bring Him to A Medical Facility

During a Feb. 2  hearing, after DC Superior Court Judge Rainey Brandt was notified that a sex abuse defendant was not in full compliance of his probation conditions, she ordered his attorney to take him to an urgent care center following the court hearing.

On Nov. 16, 2022, Josue Salmeron was discharged from jail after he pleaded guilty to a misdemeanor charge for sex abuse of a child or minor in January of 2022. The defendant was initially sentenced in June of 2022, but the sentence was amended in November to three years of supervised probation with other conditions, including registering as a sex offender, attending an inpatient drug treatment program, attending a sex offender counseling group, and receiving a mental health screening and evaluation if deemed necessary by the Court Services and Offender Supervision Agency (CSOSA).

A representative from the CSOSA agency said he would arrange for the 20-year-old defendant to have a mental health and drug assessment.

The defendant was permitted to continue living with his mother. Since moving back in with his family, the defendant has taken both good and bad actions, the representative said. 

 He is in a stable household, has weekly visits three times a week, and communicates effectively, the representative said.

The defendant said he also has a job at Panera Bread, but he hasn’t given CSOSA a copy of his pay stub for proof of employment.

Salmeron has also attempted to receive therapy for sex offenders, but the clinician has missed appointments and the defendant is awaiting a new appointment date. 

Along with this news, the representative said the defendant has also failed to report for drug testing five times since November 2022, when he was initially released.

The representative said he worries that the defendant struggles to complete tasks on his own and has no sense of value. He said the defendant has displayed signs of deep depression symptoms.

The prosecutor emphasized the advances in the defendant’s compliance in important areas with finding employment. He says that getting a job can make it easier for him to live on his own since the defendant lives in the same house as the victim.

However, he still needs to comply with other requirements, the prosecutor said.

Johnathan Lanyl, the defendant’s defense attorney, said the defendant is seeking a means of numbing his suffering and suggested hiring psychologists to improve his mood.

According to court documents, Salmeron engaged in sexual contact, which included touching an 11-year-old child’s breasts on two occasions in 2021.

Judge Brandt required the defendant to provide the CSOSA representative with proof of employment and documentation of mental health intervention prior to the next court date. 

She emphasized that she is willing to try and work with him and that she won’t give up on him. 

Because Salmeron demonstrated that he will not permit himself to feel better, Judge Brandt requested that he one day be able to stand up and look in the mirror at himself. 

The next court date was scheduled for March 2.