2018 Trial Rescheduled for a Fourth Time

During an Oct. 20 hearing, DC Superior Court Judge Rainey Brandt delayed a 2018 trial for a fourth time.

Alphonso Walker, 45, is charged with first-degree murder while armed with aggravating circumstances, possession of a firearm during a crime of violence, first-degree murder while armed while committing or attempting to commit a robbery, attempted armed robbery and unlawful possession of a firearm with a prior conviction in connection to the murder of 23-year-old Dalonte Wilson and 44-year-old Antone Brown on April 25, 2018, on the 400 block of 61st Street NE.

During the hearing, Judge Brandt brought attention to a late filing for a motion to introduce new testimony. She notified the defense and prosecution that this may result in the moving the trial date.

The first trial, which was scheduled for 2018, was canceled during the onset of the first wave of the COVID-19 pandemic. The trial was then rescheduled to begin on Jan. 24 but was also vacated because the defendant was placed in quarantine. The trial was then scheduled to begin on Nov. 8 but due to the late filing, Judge Brandt said she was prepared to move it once again.

Defense attorneys Kevann Gardner and Prescott Loveland emphasized the urgency of this matter considering the defendant has been awaiting trial for four years.

After discussion about scheduling with the defense and prosecution, Judge Brandt scheduled another hearing to finalize a new trial date on Oct. 26.

Judge Finds Probable Cause in Homicide Case

During an Oct 20 preliminary hearing, DC Superior Court Judge Robert Okun found probable cause for second-degree murder. Family members from both sides were in attendance.

River Barfield, 19, is charged with second-degree murder while armed in connection to the shooting of 20-year-old Jacky Brooks in the 4100 block of South Capitol Terrace, SW, on March 17. Brooks was shot in the back of the head in his vehicle. Barfield was arrested on Sept. 20 and is currently released under the High-Intensity Supervision Program (HISP).

The lead detective said the bullet projectile was consistent with the shooter sitting in the backseat due to a single shell casing found underneath the front passenger seat.

Based on surveillance footage, the prosecution argued for Barfield was present in the vehicle’s backseat. But, defense attorney, Sylvia Smith, said the footage was two hours before the incident and is not reliable.

She argued the car drove into an iron fence after the victim was shot, so the shell casing moved from its original position.

Prosecution dismissed the front-seat passenger being the shooter as he was right-handed and could not have shot Brooks without him noticing. However, footage shows the front passenger leaving the vehicle through the backseat.

Judge Okun found probable cause that plausible Barfield was involved in homicide.

Defense counsel motioned to change Barfield’s release status from 24-hour home confinement to a curfew. Barfield’s strong family support and perfect compliance were discussed.

Prosecution brought forward a victim’s family member, who did not want Barfield’s release to change as it would be a “slap in the face.”

Judge Okun denied the defense’s request but would reconsider it when Barfield has a longer compliance record.

The next hearing is scheduled for Dec. 19.

Judge Denies Defense’s Motion to Suppress Defendant’s Witness Identification

During an Oct. 20 hearing, DC Superior Court Judge Milton Lee heard arguments regarding a motion to suppress identifications of the defendant.

Elhadji Ndiaye 23, is charged with first-degree murder while armed for allegedly shooting 21-year old Travis Deyvon Ruth on Jan. 18, 2019, on the 2700 Block of Jasper Street, SE.

During the hearing, defense attorney Nikki Lotze argued for the suppression of identifications from witnesses. She said the Metropolitan Police Department (MPD) only used one photo rather than a spread for identification, so there is a large likelihood of misidentification in this case.

She argued that it is possible witnesses were heavily suggested to identify the defendant as the shooter on the basis of there only being one photo of him.

The prosecution refuted this motion to suppress the witnesses’ identifications, arguing that because the witnesses had prior contact and relationship with Elhadji, it is much more likely they were able to correctly identify him.

While he acknowledged the defense’s photo spread concern, Judge Lee denied the motion to suppress the identifications on the basis of the defendant’s prior interaction and familiarity with the witnesses who identified him.

The trial is set to begin on April 21, 2023.

Defendant Pleads Not Guilty to First-Degree Murder

During an Oct. 20 hearing, a murder defendant pleaded not guilty to three counts connected to a murder in 2021.

Mussye Rezene, 29, was arrested and charged with first-degree murder while armed in connection to the shooting of 17-year-old Brayan Villataro at 1300 block of Nicholson Street, NW on Sept. 18, 2021.

During the Thursday hearing, Rezene pleaded not guilty to all three counts of premeditated first-degree murder while armed, unlawful possession of a firearm, and possession of a firearm during a crime of violence.

DC Superior Court Judge Robert Okun scheduled a status hearing for Jan. 4, 2023.

The prosecution and defense attorney, Jonathan Zucker, set a trial date for Dec. 4, 2023.

Prosecution Introduces Potential Motive in Preliminary Hearing

During an Oct. 19 preliminary hearing, the prosecution presented jail call conversations that established an alleged motive for the defendant in a homicide trial.

River Barfield, 19, is charged with second-degree murder while armed in connection to the shooting of 20-year-old Jacky Brooks on the 4100 block of South Capitol Terrace, SW on March 17 around 8:30 pm. Brooks was shot in the back of the head in his vehicle. Barfield was arrested on Sept. 20 and is currently released under the high intensity supervision program (HISP).

“I bagged your man River” and “I took his iron,” a witness told Barfield during the phone conversation that occurred hours before the murder.

The lead detective clarified that “bagged” means assaulted and “iron” means firearm.

The prosecution emphasized this as Barfield’s motive to allegedly commit the crime.

Defense attorney, Sylvia Smith, objected, saying the conversations were hearsay with no evidence of the assault claim.

During cross-examination, Smith directed attention toward the activities of the victim.

The detective said before the shooting, the victim exchanged a firearm with a small magazine for a firearm with a large magazine and laser. The victim sent a voice recording to his group of friends to inform them of his location in case something happened.

At the time of the transaction, no one was accompanying the victim, and there was no surveillance cameras in the area.

Parties will continue to deliberate to determine if there is enough evidence to go to trial.

DC Superior Court Judge Robert Okun found probable cause in the case on Oct. 20.

The next hearing to determine next steps for the case was scheduled for Dec. 19.

Compared To Other Sex Abuse Charges, First-Degree Sex Abuse Defendants Receive Harsher Sentences

Defendants that are charged with first-degree sex abuse serve longer sentences in prison compared to defendants charged with any other sex abuse offense.

The average sentence for defendants charged with first-degree sexual abuse is nearly 15 years. So far this year, four first-degree sexual abuse convictions have been sentenced.

For those found guilty of second-degree sexual abuse, the typical sentence is around four years in prison and there have been 10 defendants sentenced for second-degree sexual abuse this year as of Oct. 18.

Sixty sex abuse case have resulted in convictions as of Oct. 18.

Graphic by Natalie Goodman and Celia Okoro

Judge Sets Defendant’s Trial 4 Years After Homicide

During an Oct. 18 status hearing, DC Superior Court Judge Maribeth Raffinan set the trial’s start date for a homicide case nearly four years after the incident occurred.

Ch’Juan Robinson, 25, is charged with first-degree murder while armed for allegedly shooting Louis Kingsbury, 32, on the 200 block of New York Avenue, NW on April 29, 2020.

Robinson’s trial was scheduled to begin in February of 2024.

Both parties also sought to discuss Robinson’s motion to dismiss the case, based on the prosecution’s failure to preserve body camera footage and photos from Robinson’s car.

According to defense attorney Dana Page, the footage and photos were integral to the defense’s case. While the prosecution opposed the motion, Page said she planned on explaining how such an omission of evidence violates Robinson’s rights.

The parties also requested to discuss Robinson’s motion to divide jury deliberations into two parts in order to avoid unfair prejudice.

The motion would prevent jurors from discussing Robinson’s prior conviction for firearm possession until after the jury has deliberated on all evidence and charges in the case.

Due to Judge Raffinan’s busy schedule, the hearing to discuss the motions was scheduled for Dec. 15.

Judge Allows Homicide Defendant to Travel

DC Superior Court Judge Brandt granted defense attorney Jacqueline Cadman’s request for her client to travel in mid-November in order to help his family.

Howard Fritts is charged with first-degree murder while armed for allegedly shooting of 46-year-old Charlie Miller. The murder occurred on the 900 block of Ninth Street NW on May 29.

During the Oct. 18 hearing, a pretrial service agency officer said 55-year-old Fritts has been cooperative and has been attending Alcoholics Anonymous meetings to better himself.

Cadman requested Judge Brandt allow Fritts to travel to North Carolina from Nov. 10-14 to help his family. Judge Brandt granted this request.

She said it was very clear that Fritts looked much better every time she saw him.

The next hearing is scheduled for Jan. 6.

Prosecution Drops Defendant’s Murder Charge in 2021 Homicide Case

A murder charge was dropped based on a motion filed by the prosecution during an Oct. 20 hearing.

Treavon Johnson, 24, was charged with second-degree murder while armed in connection with the shooting of 35-year-old John Edmonds on the 600 Block of Jefferson Street, NW.

During Thursday’s hearing, the prosecution and defense discussed the prosecution’s notice of Nolle Prosequi with the intent to drop the charges and dispose the case.

Around 3:09 p.m. on July 26th, 2021, members of the Metropolitan Police Department (MPD) responded to reports of gunshots at the above mentioned address. They found Edmonds suffering from gunshot wounds to the abdomen, left hand, and both legs. He was pronounced dead due to these injuries at a local hospital.

DC Superior Court Judge Milton Lee accepted the request for dismissal in this case.

Leading Suspect Made Deal With Prosecutors Hours After Daughter was Murdered, Mother Says

On Oct. 19, a former detective testified in the fatal shooting of her 17-year-old daughter after the leading suspect made a deal with prosecutors.

Robert Moses, 23, and 23-year-old James Mayfield are charged with first-degree murder while armed, assault with the intent to kill while armed, and aggravated assault while armed for allegedly shooting 17-year-old Jamahri Sydnor and wounding three other bystanders on Aug. 10, 2017. Moses, 19, was also charged with obstructing justice and committing offenses while on release for an unrelated gun charge.

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

As the victim’s mother was brought to the stand, she indicated that Sydnor was getting ready for her oldest daughter’s wedding, which was set for Aug. 11, 2017. That night they were supposed to have a rehearsal and a bridal shower for the bride and groom. Later that day she received a call from her daughter-in-law saying something terrible had happened to Sydnor.

In a panic, the detective said she began calling her daughter and received no answer. She then called the Metropolitan Police Department (MPD) to escort her to where she believed her daughter was.

At the time, Sydnor was driving through the intersection with her 12-year-old nephew to get a haircut when a bullet entered the passenger window and struck her in the right eye, becoming lodged in her brain. According to news reports, she died at a local hospital on Aug. 12, 2017, which was two days after the shooting. Syndor was a graduate of Woodrow Wilson High School in Northwest DC and was on her way to beginning classes at Florida A&M University. Her nephew sustained non-life-threatening injuries.

According to the reports, the shooting is believed to have occurred from an ongoing feud between the Langston and Saratoga neighborhoods.

According to the defense attorney, the leading suspect Phillip Carlos McDaniel testified about “the get back” to shoot up the Saratoga neighborhood. McDaniel said he took Moses to his mother’s house to retrieve a .42-caliber gun then took Mayfield to his grandmother’s house to retrieve a .45-caliber gun.

The MPD apprehended Mcdaniel and a few others from a gold Honda with tinted windows a few blocks over from the scene.

McDaniel then got a lawyer and cut a deal, pleading guilty to conspiracy and second-degree murder. He said he was concerned about his safety and his family’s safety. His children and both of the children’s mothers were moved because he agreed to testify against Moses and Mayfield.

McDaniels was also caught by the Federal Bureau of Investigation (FBI) selling weapons to undercover detectives. He had access to seven guns 7-months before the shooting, which the FBI identified as “ghost guns” one which he had in his possession as a personal weapon at the time.

According to prosecutors, Moses will be identified through a recorded phone call telling his friend “I told my lawyer I was with you. I need you to tell my lawyer I was with you playing the game between 2 and 4 p.m.”

The .42-caliber gun was destroyed while in the possession of the US Attorney’s Office. DC Superior Court Judge Maribeth Raffinan rescheduled the hearing for Oct. 20.

Judges Releases Sex Abuse Defendant from DC Jail

DC Superior Court Judge Milton Lee released a sex abuse defendant from the DC Jail and ordered him to home confinement during an Oct. 20 preliminary hearing.

The 24-year old defendant is charged with assault with intent to commit first-degree sexual abuse for an incident in which he attacked a stranger. On Sept. 23, the defendant allegedly locked the victim in a janitor’s closet and attempted to sexually assault her.

During the Thursday hearing, the defense attorney Megan Allburn said the defendant would waive his right to a preliminary hearing.

Allburn also filed a motion to release the defendant, saying he has no prior record and has viable employment in Maryland.

He has “very strong family support,” Allburn said in reference to the defendant’s mother and brother, who were both crying in the courtroom during the hearing.

This is “a very emotional moment for them,” she stated.

Judge Lee focused on a “very troubling set of facts” and said he was concerned with protecting the victim.

The prosecution argued for the defendant’s detainment, saying any woman is at risk as the victim.

“This is quite a way to start one’s criminal life,” he said about the defendant’s lack of a prior criminal record.

Allburn responded that releasing the defendant presented an “opportunity for intervention” in order to address his depression and alcohol-use.

The defendant will only be allowed to leave home for medical emergencies and court appointments. Since the defendant resides in Maryland, he is not allowed to enter the District of Columbia except when attending court proceedings.

“I don’t have to do what I’m doing today,” said Judge Lee. “Anything other than compliance results in jail.”

The next status hearing is scheduled for Nov. 17.

Victim’s Mother Testifies in Murder Trial

During an Oct. 19 murder trial, the victim’s mother testified about her son’s death.

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.

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.

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.

During the Wednesday trial, McPhatter’s mother identified two pictures of McPhatter and his friends, as well as one picture of her son’s cars.

She began tearing up as she explained that she last saw McPhatter get into his car before being called with news of the shooting on March 1, 2017.

The prosecution presented a forensic scientist from the Department of Forensic Sciences (DFS), who described how the wind prevented him from properly processing the scene of the shooting because it continuously blew away the placards and casings.

The prosecution also showed various crime scene pictures that the witness took of the shell casings and the damaged vehicle.

An eyewitness testified about the Jan. 7, 2017, shooting of Hall. She described seeing two men exiting a vehicle and shooting the victim. She also said she called 911 for an ambulance to arrive at the scene of the shooting.

During the cross-examination, defense attorney Michael Madden asked the witness if she remembered her specific testimony from the 2019 Grand Jury trial.

She said she had a hard time recalling information about the shooting, stating that she was traumatized and “tried to make that event disappear from her mind.”

DC Superior Court Judge Marisa J. Demeo set this trial to continue on Oct. 20.

Judge Finds Probable Cause In Sex Abuse Case

During an Oct. 19 preliminary hearing, DC Superior Court Judge Milton Lee found probable cause in a sex abuse case, ruling that evidence against the defendant is sufficient for a Grand Jury.

The defendant was arrested and charged with first-degree child sex abuse on Oct. 5. At the time of the offense, the victim was in 10th grade and about 15 years old. According to court documents, the abuse stopped when the victim was 17 years old.

Defense attorney Errin Scialpi argued that the complainant has told at least one lie. He also said there are several things that the detective did not follow up on, including interviewing the girls the defendant was allegedly inappropriate with. There were also deleted text messages from the complainant’s phone that the detective did not try to recover.

Scialpi also argued that the witness in the case never liked the defendant even though he has been part of the family for over 20 years.

In June of 2020 a victim of sexual abuse told a family member that she was being sexually abused by a another family member. However, it was not until August of 2021, that law enforcement began to investigate this allegation.

According to court documents, the complainant had a room at the defendant’s house in which the victim often stayed. She told detectives that she was afraid to speak up about what was happening because she was scared to get beat up.

Counsel also mentioned that the defendant was banned from Eastern High School, located in Northeast DC, for allegedly being inappropriate with underage girls.

The defendant is currently released from jail and the prosecution requested a stay away from the victim and that he should be placed under the high intensity supervision program (HISP).

Judge Lee scheduled a status hearing for June 30 to allow the prosecution to work on securing an indictment in the case.

Judge Grants Motion to Preclude Some of Medical Examiner’s Images from Trial

During an Oct. 18 hearing, DC Superior Court Judge Rainey Brandt granted defense attorney Sean Sukumar’s motion to preclude a medical examiner’s photographic evidence from the trial as well as other photographs recovered from the defendants Instagram account and his alleged deceased accomplice.

Malik Holston, 20, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in connection to the shooting of 15-year-old Gerald Watson on the 2900 block of Knox Place, SE on Dec. 13, 2018.

Sukumar argued that the prosecution chose pictures that gave off the impression of criminality. He said he sees no point in allowing those photographs to be a part of evidence.

According to the prosecution, the witness’s testimony is significantly influenced by the photograph.

Prosecution assured Judge Brandt that the photos aren’t being used to influence the jury. The photos are just trying to provide evidence for their argument of guilt.

Judge Brandt removed two photos of the four photos the defense objected to using because of unfair prejudice.

In regards to the 34 images, which shows the victim’s 17 gunshot wounds, 26 of the 34 will be shown to the jury during trial.

Judge Brandt described showing all 34 as “overkill” and that the prosecution can make arguments without putting on a horror show for the jury. However, Judge Brandt requested that the pictures from the autopsy be put together rather than one by one. She also asked that the victim’s face and his genitals be covered.

Judge Finds Probable Cause in Murder of Alexandria, VA Man

On the second day of a preliminary hearing, DC Superior Court Judge Rainey Brandt ruled there was probable cause in the murder of an Alexandria, Va. resident.

Delonte Jackson, 23, is charged with second-degree murder while armed in connection to the murder of 44-year-old Artavarn Wagner. Jackson allegedly stole the victim’s car after shooting him. Jackson’s DNA was found on the car’s steering wheel.

On March 3, at about 6:03 a.m., officers responded to the 1700 block of Gales Street, NE after receiving reports of sounds of gunshots, according to court documents. Upon arrival, the members located an adult male victim, in an alley, suffering from gunshot wounds. Wagner was pronounced dead at the scene.

During the hearing on Oct. 17 and Oct. 18, a MPD detective testified that surveillance footage shows Jackson and Wagner interacting with each other and, a few minutes later, Wagner is seen running away from Jackson. Jackson began chasing after Wagner.

Footage also shows Wagner in an alley with Jackson standing over him. The suspect is seen driving off in victim’s car.

Before the offense, the victim was seen with a witness. The witness told the detective that the suspect was wearing light sneakers and dark clothing.

On June 23, detectives got a search warrant for Jackson’s residence, finding clothing that matched the person in the footage. Jackson was arrested on June 27.

Defense attorney Megan Allburn argued that the evidence against her client was weak and the MPD did not investigate enough considering the bizarre behavior of one of the witnesses.

Allburn added that there were no witnesses, at the time of the alleged offense, and Jackson was not the perpetrator.

Jackson continues to be held in this case. Allburn said that pending the status of other matters, including probation revocations, against the defendant, she would argue for release at a later time.

Judge Brandt scheduled the next hearing from Feb. 3, 2023. The case is pending a Grand Jury.

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