Defense Requests to Reschedule Hearing After Private Conversation with Judge

After a confidential conversation with D.C. Superior Court Judge Robert Okun, a murder defendant, and his attorney decided to reschedule their Feb. 2 hearing.

Jacobi Williams, 35, is charged with first-degree murder, armed carjacking, assault with intent to kill, and three counts of possession of a firearm during a crime of violence all while on release in connection with the alleged shooting of Phillip Roache, 38, on Sept. 17, 2022 on the 7000 block of 5th Street, NW.

Williams and his defense attorney Marnitta King spoke privately with Judge Okun while in court. The details of that conversation, unknown to the rest of the parties, led Williams and King to postpone the hearing in which he would decide on his waiver of his rights to conduct DNA testing on test the prosecution’s evidence.

According to court documents, after officers arrived on the scene they discovered two victims, one with a graze wound to the midsection of his body and Roache with 10 sustained gunshot wounds.

The trial is currently scheduled to begin on July 24, however, Judge Okun warned the defense that he was unable to accommodate that date. He said he could give the case to a judge who could accommodate the trial date currently set.

The defense didn’t wish to change judges, so they decided to reschedule the trial to begin on Sept. 5, estimating it would last about a week.

All parties are scheduled to reconvene on March 8.

Murder Defendant Unable to Appear Due to Positive COVID Test

Due to a positive Covid-19 test, a murder defendant was quarantined at the DC Jail and unable to appear in person or virtually for his status hearing in front of D.C. Superior Court Judge Robert Okun.

Ranje Reynolds, 25, is charged with first-degree murder while armed in connection with the shooting of 27-year-old Tarek Boothe that occurred on Jan. 31, 2022. According to a press release, Metropolitan Police Department (MPD) officers responded to a reported shooting on the 3200 block of M Street, NW. They found Boothe with a single gunshot wound to the head in his left eye. He was pronounced dead at a local hospital.

Reynolds was unable to appear in court today due to a member of his cell block unit testing positive for Covid-19, causing the entire unit to be quarantined.

Reynolds’s defense attorney, Cheryl Stein, spoke with the prosecution and court clerk before Judge Okun entered the courtroom to find the closest date to reschedule the hearing.Three of Reynolds’s family members flew into D.C. for this hearing.

Judge Okun agreed to accommodate the defense’s request and reschedule the hearing for Feb. 10. All parties are to reconvene then.

Reynolds’s in-person presence is not guaranteed, depending on if more members of his cell block test positive, consequently resetting the quarantine clock. However, this will give the court and the defense more time to arrange for his virtual appearance if necessary.

Defense Attorney Alerts Judge of Intent to File Motion to Sever

Five co-defendants appeared in front of D.C. Superior Court Judge Robert Okun on Feb. 2 to continue preparing for their trial.

Erwin DuBose, 28, and Kamar Queen, 25, are charged with 21 counts, including first-degree murder, assault with intent to kill while armed, possession of a firearm during a crime of violence, conspiracy, unlawful possession of a firearm, and assault with significant bodily injury while armed in connection to the shooting of Donetta Dyson, 31, Keenan Braxton, 24, and Johnny Joyner, 37. Three other victims were injured in the alleged shooting.

Damonta Thompson, 26, is charged with first-degree murder, assault with intent to kill, conspiracy, and assault with significant bodily injury while armed.

Toyia Johnson, 50, and Mussye Rezene, 30, are charged for allegedly tampering with physical evidence and for being an accessory while armed after the incident occurred.

Johnson’s defense attorney, David Akulian, informed Judge Okun that he intended to file a motion to sever Johnson from her co-defendants as her charges are significantly less than theirs, and she was not present at the scene of the crime.

Queen’s defense attorney, Brian McDaniel, informed the prosecution that he would be reaching out on behalf of his defendant to obtain the paperwork needed to get Queen’s glasses, currently being held in evidence, back to him as he awaits trial.

The alleged shooting occurred on Sept. 4, 2021, on the 600 block of Longfellow Street, NW. An officer of the Metropolitan Police Department (MPD) was in the area when he heard gunshots. He canvassed the area and located six victims.

Dyson, Braxton, and Joyner, while en route to a local hospital, succumbed to their injuries. The three remaining victims arrived at the hospital, were treated for their injuries, and have since been released.

The defense attorneys for the co-defendants have yet to receive the prosecution’s evidence for this case. They requested that Judge Okun schedule the next hearing far enough in advance for them to receive and review the evidence.

All parties are scheduled to return to court on April 14 for a status hearing. The trial is set to begin in April 2024.

Defendant Arraigned on Indictment Charges in Murder Case

A murder defendant was arraigned on multiple indictment charges during a Feb. 2 hearing.

Christian Johnson, 31, is being charged with first-degree murder in connection to a shooting that occurred on the 1000 block of Kenilworth Avenue, SE on Nov. 25, 2021. The shooting resulted in the death of Lavonte McCloud, 25.

Both McCloud and Johnson are said to be the father of children to the same woman. Witnesses said there was a tense relationship between the two.

According to the Metropolitan Police Department (MPD), McCloud is also said to have been a validated member of the Kenilworth Crew, a neighborhood group known to police.

Johnson is currently released to home confinement.

Defense attorney Dominique Winters was hesitant to set a date for trial without reviewing relevant information and opted not to at this hearing. In addition, Winters made two requests of modification to her client’s home confinement conditions in order for Johnson to meet with her and to get a haircut.

DC Superior Court Judge Robert Okun accepted the request for counsel meetings, but rejected the request for a haircut.

The prosecution and Judge Okun said they believe the defendant is too dangerous to be in public at this time.

The next hearing was scheduled for March 17.

3 Co-Defendants in a Murder Case Waive Right to Independent Testing

Three murder defendants waived their right to independently test DNA evidence on Feb. 2 ahead of their trial.

Vorreze Ricardo Thomas, 25, and Delonta Stevenson, 27, are charged with first-degree murder while armed premeditated in connection to the fatal shooting of 31-year-old Terrance Allen on Jan. 18, 2021, on the 3000 block of Stanton Road, SE.

Alongside them, Brianca Phillips, 25, is charged with conspiracy, first-degree murder while armed, and possession of a firearm during crime of violence.

According to the prosecution, more than 100 pieces of evidence were collected in the case and tested for DNA evidence. The results of those tests were returned and shared with all defense attorneys.

According to the three attorneys, none of the defendants will go through with independent DNA testing of the evidence. They all understand the implications of their decision to waive their rights.

The trial is set to begin on May 15, and the next status hearing is scheduled for April 7.

Judge Releases Homicide Defendant to Home Confinement

On Feb. 2, DC Superior Court Judge Maribeth Raffinan released a murder defendant to house arrest.

Desmond Gaskin, 37, is charged with second-degree murder for allegedly shooting 40-year-old William Whittington Jr. on July 19, 2022, on the 400 block of Burbank Street, SE.

The order for release came after Judge Raffinan found probable cause on Feb. 1 that Gaskin could have committed the offense.

A prosecutor said Gaskin was eligible to be released to his mother’s home under the High-Intensity Supervision Program (HISP).

Judge Raffinan agreed with the terms of release, which included ankle monitoring.

Gaskin is to be released Thursday. He will have to return back to court Friday, Feb. 3, for an orientation.

Judge Raffinan scheduled a follow-up to check the defendant’s compliance to determine if he is eligible to be released from the program.

The next hearing is scheduled for March 3.

Sex Abuse Trial Closes 3 Days Earlier Than Expected

Three days earlier than anticipated, a sex abuse trial concluded with closing arguments on Feb. 1.

The case, which had been unsolved for years, involved a 47-year-old defendant who is charged with first-degree burglary, kidnapping, assault with intent to commit first-degree sexual abuse with force, robbery, and two counts of first-degree sexual abuse while threatening the victim in connection to a sex assault on June 12, 2010, on the 1700 block of Lanier Place, NW.

The prosecutor told the jury that the defendant broke into the victims home in the early hours of June 12, 2010, forced himself on the victim and a struggle ensued. The victim was able to scratch the attackers face.

The DNA profile identified the defendant, said the prosecutor.

She said the victim’s phone was also stolen during the offense, which also led back to the defendant since there were several calls made to known associates of the defendant.

The prosecutor said DNA testing was conducted on Nov. 5, 2010, which resulted in the tests coming back that a mixture of DNA was found from under the victims fingernails. The contributor was both the victim and one male, in which the defendant could not be excluded.

“It’s important to know the difference between evidence and argument,” defense attorney Thomas Healy told the jury.

He argued that the investigation in this case wasn’t thorough.

The victims ear was not swabbed for DNA, the book that slipped and hit the suspects head, the picture frame that also was claimed to have been touched, the bed sheets, and the cell phone cord where the phone was charging at the time of the offense were never swabbed, he said.

“Because of their poor investigation, we are here today,” Healy continued.

The jury began deliberations on Feb. 2.

Judge Grants Prosecution’s Request For Pretrial Hold in Murder Case

Even though evidence weighed in the defendant’s favor, DC Superior Court Judge Maribeth Raffinan granted the prosecution’s request for a pretrial hold to guarantee the community’s safety.

On Feb.12, 2020, Metropolitan Police Department (MPD) responded to a shooting on the 800 block of 51st Street, SE. Ky’lee Palmer is charged with first-degree murder while armed, assault to kill while armed, possession of a firearm, tampering with physical evidence, and destruction of property worth $1,000 or more for allegedly shooting 60-year-old Barron Goodwin. Palmer is also charged with kidnapping while armed and unlawful possession of a firearm with a prior conviction in another case.

Palmer, 23, was not connected to the shooting until 2022 after he was arrested regarding an armed kidnapping. He also rejected a plea offer on Jan. 25 for murder and two of the eight charges from the two cases.

During a felony status conference on Feb.1, Judge Raffinan changed Palmer’s $500 cash bond to pre-trial detention.

Judge Raffinan said she had serious concerns regarding Palmer’s criminal history and characteristics leading her to believe that pretrial detention is the right choice for the community’s safety even though the evidence provided is in Palmer’s favor.

Attorney David Akulian, on behalf of Palmer, requested for a trial date to be set as soon as possible.

Due to a conflict with Palmer’s other case, parties were not able to schedule a trial date. The defense will request a date after a pending trial for another case is resolved.

A status hearing is scheduled for May 19.

Sexual Assault Defendant Waives His Right to Preliminary Hearing, Case Bound for Grand Jury

On Feb. 1, a defendant in a sexual assault case waived his right to a formal reading of his charges, thus forfeiting his preliminary hearing.

The defendant, a home health aid, was charged with allegedly sexually assaulting his patient on Nov. 17 2022. The victim is an elderly woman who suffers from dementia and requires 24-hour care.

Later that night, the assault was witnessed over video footage collected by the patient’s daughter. The daughter was reviewing film on the home camera to find proof of her mother falling the night of the Nov. 16, but rather, found evidence of the assault.

At the start of the hearing, DC Superior Court Judge Anthony C. Epstein brought attention to the fact that the defendant’s attorney, Peter Odom, was supposed to step away from the case.

It was previously determined in a status hearing that Odom would be stepping down from the case and another attorney would take the role as case lead. However, due to the defendant’s financial situation he was unable to secure said attorney as counsel.

Also, Odom said the defendant requires an interpreter for all his legal interactions –– something he has experience with. Because of his familiarity with the issue, Odom said he would take the case pro-bono.

It is unknown if the alternative attorney will join the case periodically as co-counsel.

After the defendant and his legal team waived their right to a preliminary hearing the prosecution said they will extend a plea offer in the upcoming weeks.

The date of the next hearing has yet to be determined.

Defense Files Motion to Suppress Use of Defendant’s iCloud Data In Trial

A murder defendant appeared in front of D.C. Superior Court Judge Anthony C. Epstein on Feb. 1 to discuss a pending motion in his case.

Joshua Emmanuel Franklin was indicted on three charges including first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm, all committed during his release, in connection with the shooting of Andrew Session on Jan. 21, 2021, on the 4400 block of 3rd Street SE. He pleaded not guilty to all three charges.

Franklin, 37, and his defense attorneys, Steven Ogilvie and Jason Kalafat, appeared in court and brought their pending motion to suppress to Judge Epstein’s attention.

D.C. Witness previously reported that a detective on the case testified that Franklin’s cell phone was collected at the scene of the crime. The prosecution searched his cell phone, as well as the iCloud data from his current and all previously owned cell phones.

In addition, the prosecution searched the data of his daughter’s cell phone while accessing Franklin’s iCloud data. As a result, Ogilvie filed a motion to suppress the use of the iCloud data, both from Franklin’s devices and his daughter’s phone, arguing that it extended beyond the scope of the incident.

Ogilvie questioned if Franklin’s daughter consented to the search of her data.

In response, the prosecution questioned if Franklin has any standing to challenge the search as he has no legal custody of his daughter.

It is unclear whether or not the prosecution’s warrant to search Franklin’s device also included the right to search his iCloud data or information on his daughter’s account.

Judge Epstein did not rule on the motion, and the parties agreed to schedule an evidentiary hearing so the defense may bring in witnesses to demonstrate that the prosecution exceeded what data they were allowed to search.

Ogilvie said he estimates he will call two to three witnesses, one of them being Franklin’s daughter.

All parties are scheduled to return for the hearing on May 18.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Feb. 1, on the 4500 block of Benning Road, SE.

According to a press release, at about 8:02 pm, officers located 45-year-old Marcus Jones suffering from an apparent gunshot wound. He was pronounced dead at the scene.

Document: Arrest made in a Southeast Homicide

Metropolitan Police Department detectives made an arrest that occurred on Feb. 1, inside of the Potomac Avenue Metro Station.

According to a press release, at about 9:19 am, officers responded to the report of gunshots at the Potomac Avenue Metro Station. Officers arrived and discovered two male shooting victims.

The suspect brandished a handgun and engaged in an altercation with a male victim on a Metrobus. After getting off the bus, the suspect fired his weapon at the victim. The victim was taken from the scene and brought to a nearby hospital.

The suspect then entered the Potomac Avenue Metro Station and fired the handgun again striking the second victim.

A WMATA employee made an effort to stop the suspect and intervene, but was fatally shot by the suspect.

The suspect was disarmed by passengers on the Metro rail car.

The decedent has been identified as 64-year-old Robert Cunningham.

On Feb. 1, 31-year-old Isaiah Trotman was arrested and charged with first-degree murder while armed, kidnapping while armed and assault with a dangerous weapon.

Co-defendants Appear for Motion Hearing in Preparation for 10 Year Old’s Murder Trial

Six of nine co-defendants in a murder case appeared in court on Jan. 31 in front of D.C. Superior Court Judge Robert Okun for a motion hearing to prepare for trial.

Marquell Cobbs, Darrise Jeffers, Gregory Taylor, Isaiah Murchison, Quentin Michals, and Qujuan Thomas are all charged with first-degree murder, and additional charges, in connection with the alleged shooting of 10-year-old Makiyah Wilson.

The motions discussed in this hearing were filed on behalf of Jeffers, 23, Cobbs, 21, and Murchison, 23.

Jeffers’s defense attorney, Philip C. Andonian, filed a motion to preclude the prosecution from allowing witness interpretation of words and phrases, not of common knowledge to the public, used by Jeffers and his co-defendants on an audio recording of a phone call that occurred around the time of the incident.

Andonian argued that because the witness has no personal association with Jeffers or the other defendants that any interpretation of their lingo would be inaccurate.

When questioned by Judge Okun, the prosecution assured the witness would not be asked to interpret the lingo in question but would simply be asked to identify the voices in the audio recording.

Judge Okun denied the defense’s motion.

Cobbs’ defense attorney, Kevin J. McCants filed two motions, one of which has two parts.

In regard to the first motion, the first part to disallow the prosecution from using a particular photograph of multiple firearms against Cobbs until they’re able to link the weapons either directly to Cobbs or to the incident in question.

The second part was included in an attempt to make the jury aware that Cobbs was a 17-year-old juvenile at the time of his initial charge.

The prosecution argued that the photo of the firearms is being used as evidence for Cobbs’ conspiracy charge. Additionally, she felt the second part was unnecessary as the defendant’s age could easily be presented to the jury during trial.

McCants filed another motion to try and sever Cobbs from the other defendants in this case. He argued that because Cobbs wasn’t at the scene of the crime on the day of the incident in question that he should be tried separately.

The prosecution argued against this by listing off the evidence they have against Cobbs to demonstrate that even though he wasn’t present during the incident he was just as involved as his co-defendants.

Judge Okun denied both of McCant’s motions.

The third and final motion discussed in this hearing was filed by Murchison’s defense attorney, Elizabeth J. Weller.

Unlike his co-defendants who were arrested in 2019, Murchison was not arrested for allegedly shooting Wilson until August 2020 and had an outstanding bench warrant for over a year after the incident.

Weller filed the motion so the prosecution couldn’t use any flight evidence they had against her client. She argued that the evidence relied too heavily on inferential data and that there is no evidence directly pointing to Murchison being aware of his bench warrant.

The prosecution argued that his immediate family as well as an alleged girlfriend knew of his warrant and that it is logical to assume that they relayed this information to Murchison.

In addition, the prosecution pointed out that Murchison didn’t give his legal name to the police when arrested. He only responded with a wink when the officers referred to him by his nickname. She argued that this was in an attempt to elude his arrest.

As of Feb. 1, Judge Okun has not reached a decision on this motion. He said he needed to review the evidence as both sides had compelling arguments.

All parties are scheduled to return to court on Feb. 6 for jury selection as they continue to prepare for the long-awaited trial.

Homicides and Non-Fatal Shootings Increase in January, Data Shows

Overall, January 2023 saw a 36 percent increase from December 2022 in the number of total homicides and non-fatal shootings. However, in terms of the number of homicides alone, January saw nearly a 17 percent increase from December.

Mondays appeared to be the deadliest day of the week in DC in January with 10 of the 34 total homicides and non-fatal shootings in the district. There were 14 homicides and 30 non-fatal shootings.

According to D.C. Witness data, the victims of January’s incidents range in age from 6 years old to 56 years old.

In January, nine homicides resulted from shootings, three homicides resulted from stabbings and two homicides resulted from trauma. .

There was also one mass shooting, which left three victims injured and one dead. The shooting occurred on Jan. 3 on the 6200 block of Georgia Avenue, NW. Two adult male victims and one juvenile male victim sustained non-fatal injuries, and 33 year-old Benjie Byers was pronounced dead at the scene.

The suspect of the mass shooting remains unknown, as do many of the suspects involved in January’s incidents as of March 7. Out of the three fatal and non-fatal shootings in January, only six suspects have been apprehended.

One of these suspects is 31-year-old Tyriq Williams, who is charged with first-degree murder for allegedly murdering Terry Clark, 20, on Jan. 7 on the 1200 block of Half Street, SE.

DC Superior Court Judge Anthony Epstein, who presided over Williams’s case, found no evidence of self-defense and no explanation for the calm demeanor Williams portrayed after the shooting.

There was surveillance footage from the Navy Yard Metro Station, showing the moments leading up to the shooting and after. However, the detective on the case said there was no actual footage of the shooting or of Williams possessing a firearm.

The detective also stated there had been no forensic evidence connecting Williams to the crime.

Despite Williams having no prior criminal history and being a positive role model in the community, according to his attorney Kevin Mosley, DC Superior Court Judge Robert Okun denied the defense’s home confinement request that was made on Jan. 31.

Williams remains in custody.

Judge Pushes Ruling on Release in 30- Year Old Homicide

In a Feb. 1 hearing, DC Superior Court Judge Maribeth Raffinan delayed ruling on a motion of release in a homicide from 1993.

William Ransford, 59, is charged with second-degree murder in connection to the strangulation of Debra McManus, 39, near Ballou High School on Oct. 23, 1993.

McManus was found near the woods by the high school with visible scratches and signs of strangulation. DNA testing in 1993 did not provide any definitive profiles, howeverthe evidence was retested in 2020 and DNA from McManus’s left sock matched with Ransford’s.

Defense attorneys Dana Page and Molly Bunke argued for the release of Ransford, outlining a plan, and emphasizing his weaker state due to an undisclosed medical condition..

“Due to his fragility, he is a low risk to the community,” Bunke said.

The prosecution opposed release because of Ransford’s criminal history. “It does not take much physical strength to sexually assault another person.”

The prosecution also discussed an open investigation into a rape in Maryland that has ties to Ransford.

Ransford has prior rape allegations in 1993, as well as sexual assault allegations in 2001, and has a failure to register as a sex offender conviction.

Judge Raffinan expressed concern for Ransford’s admittance back into the community and needed more time to look over all information before making a ruling.

The next hearing is scheduled for Feb. 7.

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