Judge Releases Domestic Violence Defendant Under Supervision Program

On Oct. 18, defense attorney Carrie Weletz asked DC Superior Court Judge Robert Okun for more time to discuss a plea offer with her client.

The 36-year-old DC man charged with first-degree sexual abuse waived his rights to a preliminary hearing to consider the prosecution’s plea offer.

If the defendant pleaded guilty, he would be charged with third-degree sex abuse with consideration to excuse his charge of simple assault in an ongoing misdemeanor case.

Weletz asked for the defendant to be released with weekly check-ins under the high-intensity supervision program (HISP).

Judge Okun granted the defendant’s release under HISP, placed a stay-away order from the victim, and notified the defendant that he has a curfew from 10 p.m. to 5 a.m. due to the defendant being a construction worker.

The next hearing is scheduled for Dec. 5.

Prosecution Anticipates 16-18 Witnesses for a Sex Abuse Trial

During an Oct. 18 hearing, a sex abuse defendant’s defense attorney said she expects five witnesses would testify in the trial. The prosecutor said 12-13 witnesses and 4-5 expert witnesses would testify.

The defendant is charged with first-degree child sex abuse of a victim under Age 18 and actor had a significant relationship with the victim and second-degree ex abuse of a victim under Age 18 and actor had a significant relationship with the victim.

According to court documents, on Nov. 30, a Montgomery County social worker contacted the Child Family Services Agency for the sexual abuse allegations against the defendant.

Defense attorney Maria Mena said she expects the trial, on her end, to last for about two days.

The prosecution believes the trial will take them 7 days to present all the evidence and facts.

According to court documents, the victim was 9-years-old when the sexual abuse began. The defendant would penetrate the victim in her vagina, anus, and mouth while making the statement, “I have to finish until the white stuff comes out.”

The defendant continued these actions at various locations threatening and abusing the girl when she cried and wanted to tell someone what was happening to her.

DC Superior Court Judge Robert Okun set jury selection for Nov. 29 and the trial is expected to begin on Dec. 5.

Sex Assault Defendant Found Guilty Based on Jail Call Confession

DC Superior Court Judge Robert Okun found a defendant guilty of assault with intent to commit first-degree sex abuse, burglary and kidnapping after the prosecution presented self-incriminating jail calls in a non-jury trial on Oct. 17.

Akiem Williams, 38, was detained and charged on Oct. 1, 2020, in connection with an incident that occurred on Sept. 6, 2020, on the 800 block of Quincy Street, NW. The complainant, Giselle Hartzog, passed away in 2021 for unrelated reasons, but she told detectives, at the time, that Williams followed her out of the nearby Metro station, chased her into the lobby of an apartment building, beat her and pulled at her clothing.

Hartzog, 30, told detectives that she was an escort and that Williams had been soliciting prostitution on the train.

According to court documents, both the victim and the defendant got off the train at the Georgia Avenue-Petworth station. Surveillance footage showed Hartzog and Williams hugging in the station. At one point, Williams appears to reach down and feel Hartzog’s groin area.

The timeline is also corroborated by recordings of Williams’ outgoing calls from jail, which were authenticated in court by a Department of Corrections monitoring specialist. In March 2021 Williams is heard telling a friend that he became outraged when he felt that Hartzog, who was a transgender woman, had a penis.

“He looked like a girl,” Williams said in the call.

As the two left the Metro station, Hartzog told detectives that Williams began following her, and eventually chased after her. According to court documents, Hartzog was scared, and yelled for help, eventually running into the lobby of a nearby apartment building after the door was held open by a resident.

The building’s lobby had surveillance footage, which the prosecutor admitted into evidence after having it confirmed to be unaltered by a property manager from the company that owned the building at the time. The footage showed Williams run up the stairs and grab the handle to a door of the bulding, opening it again just as it was about to automatically lock.

Once inside the lobby, he immediately attacked Hartzog, cornering her and striking her repeatedly in the head and body.

“He’s bragging at points to his friends and his sister” over the phone at the jail, the prosecutor said during closing statements.

“I beat the shit out of the f*g,” Williams said in one phone call. “I beat the shit out of him so bad.”

In another call, Williams seemed to be excited about the assault, saying, “did I tell you I seen the video? Oh my gosh! OMG! You shoulda seen me!”

One witness, a resident of the apartment building, called the police while another yelled at Williams to stop, according to the footage.

The second witness, who was in close proximity the whole time, testified earlier in the trial that Williams pulled up Hartzog’s shirt above her breasts, pulled Hartzog’s pants down, tried to pull his own pants down and got behind her so his groin was touching her buttocks. The two were out of frame in the footage when this happened, so this testimony could not be corroborated.

Williams and his co-counsel, Howard McEachern, contested this part of the story, saying there was nothing sexual about his assault of Hartzog. “Nobody can verify that, not even the footage,” Williams said during his closing statements. He also noted that the call to 911 did not mention any clothes being pulled.

“A little assault did happen,” Williams admitted, “but it was nothing life-threatening.”

McEachern also contested the burglary charge, saying that case law for burglary convictions did not qualify for nonviolent entry into common spaces like lobbies.

Judge Okun rejected this claim, though he noted that “it’s not a frivolous argument by any means.”

Judge Okun cited the credibility of the two witnesses, not knowing either Williams or Hartzog, and the fact that Williams did not dispute that the man in the footage was him.

Judge Okun said he did not find that the lack of video showing intent to commit sexual abuse damaged the prosecution’s case.

“[Williams] is right that you cannot see those things on the video, but the government does not need video to prove their case beyond a reasonable doubt,” Judge Okun said.

When the parties were asked about scheduling a sentencing hearing, Williams said, “can we do it today?” He expressed that he didn’t want it to take too long for him to be sent to prison.

“I’m tryna get out this jail,” Williams remarked. Judge Okun said sentencing could not be done because a pre-sentence report was needed.

The parties are scheduled to return to court on Jan. 27 for a sentencing hearing.

Defendant Waives Right to DNA and Ballistics Testing

DC Superior Court Judge Milton Lee asked a murder defendant about his desire to conduct DNA and ballistics testing during an Oct. 18 hearing.

Brandon Wiggins, 25, is charged with first-degree murder and possession of a firearm during a crime of violence in connection to the shooting of Damon Bell, 43, on the 1600 block of Virginia Avenue, NE on June 14, 2019.

At the hearing, Judge Lee informed Wiggins that he possesses a right to request DNA and ballistics testing, but he declined.

Wiggins’ defense attorney, Lee Smith, said that he and his client discussed the prospect of obtaining evidence; however, they decided not to proceed with it. No additional information was given to explain why this decision was reached.

According to court documents, Wiggins allegedly opened fire on Bell because he believed the victim stole his friend’s vehicle. His friend was unable to recover the car, so he reportedly enlisted the help of Wiggins to do so, resulting in the shooting.

A witness at the scene, who watched Wiggins shoot Bell while in the parked car, described him as a “wildin youngin’” who was “acting like a loose cannon.”

Like the defense, the prosecution also told Judge Lee that she did not plan to conduct DNA or ballistics testing.

In response, Judge Lee scheduled a date for a trial readiness hearing as the defense and prosecution did not have any additional outstanding matters to address.

Parties are expected to return to court on March 10, 2023. The trial is scheduled for April 3, 2023.

Judge Releases Defendant In Homicide Case Of 23-Month-Old

On Oct.17, DC Superior Court Judge Robert Okun ruled the nature and the facts of a shooting of a 23-month-old baby were tragic and negligent, but he believes there are ways to cope.

JD Wheeler, 23, is charged with second-degree murder in connection to the shooting of 23-month-old Legend King Wheeler on the 2300 block of Chester Street, SE on Nov. 24, 2021.

Judge Okun ruled there was no established probable cause for second-degree murder because Legend’s death was not caused by a conscious disregard but a gross deviation to involuntary manslaughter.

Wheeler’s gun did cause the projectile to fire in the living room resulting in Legend’s death, but the facts do not weigh heavy enough to rule in favor of the original charge of second-degree murder.

The prosecutor argued that Wheeler should remain detained because he acted in a form of negligence after being told by the court not to possess a firearm from a previous case where Wheeler was convicted for carrying a firearm outside of his home or place of business.

Jacqueline Cadman argued that Wheeler is not a threat to society because he only had one prior conviction for a non-violent charge.

Judge Okun spoke with Pretrial Services (PSA) and granted Wheeler’s release, placing him on home confinement under the high-intensity supervision program (HISP). Wheeler must also complete his high school education while under the supervision of PSA.

The next hearing is scheduled for Feb. 16.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Oct. 17, on the 1300 block of Congress Street, SE.

According to a press release, at about 8:32 pm, officers located 19-year-old Reginald Lamont Cooper, Jr. and 19-year-old Davonte Berkley suffering from apparent gunshot wounds. They were pronounced dead on the scene.

911 Caller Testifies to Conspiracy in Homicide Trial

During an Oct. 17 jury trial, prosecutors called several witnesses to help clarify how a defendant allegedly aided their co-defendant in a 2017 double-homicide.

Derek Turner, 31, and his 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. Jennings is specifically accused of sharing information 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.

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 information with Turner during her time working as a clerk for the Metropolitan Police Department (MPD).

The first witness, who worked at Mark43, a company that allows law enforcement agencies to view and edit official police reports, said he oversaw the team responsible for auditing those records, and for manually transferring them into a permanent storage system.

The witness explained that Mark43 had designed a records management system called Cobalt, which only MPD officers could access, and detailed how the system worked.

According to the witness, the Cobalt system would update each time a new MPD officer made an edit. However, the program’s History feature allowed users to find precisely when a certain field was edited, and redact any subsequent content.

In the records shown to the jury, Jennings’ and Turners’ names and information were redacted from the ‘Suspects’ fields after Jennings initially viewed the records.

During cross-examination, Jennings’ defense attorneys, Alvin Thomas and Russell Hairston, confirmed through the witness that there wasn’t anything showing that Jennings edited or added anything to a document, and that the witness could only tell Jennings viewed them.

The witness also confirmed to Turner’s defense attorney, Michael Madden, that exporting documents appeared to be a part of Jennings’ job.

Prosecution then called to the stand an MPD Sergeant who works in Internal Affairs and oversaw the investigation into Jennings.

The prosecutor showed the witness the Cobalt audit reports and asked him to read aloud the dates and times Jennings made a search related to Turner’s case. “They (the searches) were all consistent with the shift she was assigned to,” the witness said.

Thomas, during cross-examination, asked if it was possible someone came into the police station and asked for the reports. “Did you check the cameras at the seventh district to see if anyone came in to ask Mrs. Jennings to run the reports?”

The witness said he did not.

Prosecutors then made the argument that even if someone asked Jennings for the report, she did not have the authority to view the reports internal packet.

A woman who called 911 said heard gunshots while she was doing the dishes. “The first thing that caught my attention was loud music, and I thought oh my god here we go again.”

The witness said she then looked outside and saw an unknown man standing outside of his car when he turned around “as if somebody had called his name,” then a second vehicle pulled up and gunshots went off.

The witness added that she saw smoke coming out of the passenger side of the second vehicle. When the prosecutor asked the witness how she felt during the shooting, she replied that she felt “pissed because it was happening too often.”

Turner and Jennings’ attorneys cross-examined the 911 caller; reiterating that her view from her house was obstructed by a fence, she couldn’t see who was in the second car, and couldn’t see a gun at all.

DC Superior Court Judge Marisa Demeo scheduled the trial to resume on Oct.18.

Sexual Assault Trial Begins with Defendant Representing Himself

A sexual assault trial began on Oct. 13 with the defendant opting to represent himself.

The 38-year-old defendant, whose co-counsel is defense attorney Howard McEachern, is being held on charges of assault with intent to commit first-degree sexual abuse, kidnapping, first-degree burglary, sex abuse, and two counts of committing lewd, indecent, or obscene acts for an incident that occurred in September 2020.

After opening statements, the prosecution submitted a video taken from the apartment building lobby into evidence. The video shows a man in a gray shirt with red sleeves chasing a woman into the lobby. While the video is hazy at parts, it shows three witnesses to the event watching the man kick and pull at the woman.

The first witness, a man who lived in the building where the sexual assault occurred, said he saw the defendant pull at the victim’s clothing as well as hit and punch her. The prosecution also played the 911 call from the witness at the time of the incident.

The next witness, a woman who lived in the building, said she saw the defendant chasing after the victim in lobby. He then subsequently pulled at her clothes, hit and kicked her, and bent her over.

While searching the defendant’s apartment, the Metropolitan Police Department (MPD) found a gray shirt with red sleeves matching the same exact shit in the video.

However, the detective admitted that DNA evidence was not collected.

DC Superior Court Judge Robert Okun set the trial to continue on Oct. 17.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Oct. 16, on the 2500 block of Pomeroy Road, SE.

According to a press release, at about 12:10 am, officers located 32-year-old Jamontate Brown suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Defense Questions Witness’s Link Between Gun and Defendant

On Oct. 14, defense attorney Jacqueline Cadman questioned the ballistic projectile links between the defendant and the witness.

JD Wheeler, 23, is charged with second-degree murder for allegedly shooting 23-month-old Legend King Wheeler on the 2300 block of Chester Street, SE on Nov. 24, 2021.

During the hearing on Sept. 13, a Metropolitan Police Department (MPD) detective received a radio call to respond to a residence where a minor was suffering from a gunshot wound to the head. According to the Chief Medical Examiner’s Office of the District of Columbia (OCME), the cause of death was a single gunshot to the right side of Legend’s head just above his teeth line. The gunshot fractured the base of the child’s brain, injuring the brain stem before exiting the right side of the head.

Cadman asked the detective on the stand about one of the witnesses’ false testimonies about seeing Wheeler with a gun.

Cadman also presented that the witness was pulled over for driving without a license and carrying a 9-millimeter gun with a loaded bullet in the chamber and 2 magazines similar to the assumed weapon that killed the child.

The witness told a patrol officer that he had a Virginia license. Yet, after a search through the system, he didn’t have a license for driving or for the weapon found under the driver’s seat.

The prosecution argued for a second-degree murder conviction for Wheeler because he acted with a conscious disregard, and it was mentioned that he was warned by several family members that having his gun out would be dangerous to his son.

Cadman argued the medical examiner ruled Legend’s death as an accident.

This was a gross deviation from a reasonable standard for involuntary manslaughter, she said. The witness turned up with a gun two months after the tragedy occurred and gave the detective only one magazine, then got in trouble two months later with another 9 millimeter.

DC Superior Court Judge Robert Okun took both parties’ arguments into consideration and said he would give his ruling on Oct. 17.

Prosecution Seeks Indictment for Northeast Stabbing

After announcing their investigation’s completion, the prosecutor told DC Superior Court Judge Robert Okun on Oct. 14 that the she is ready to pursue an indictment.

Marcus Isom, 42, is charged with second-degree murder while armed for allegedly stabbing his 67-year-old uncle, Michael Stover, on Jan. 3 on the 500 block of 55th Street, NE. According to court documents, Isom accused Stover of taking his money during a party on Dec. 27, 2021.

Defense attorney Jason Clark confirmed Isom will be in COVID-19 quarantine until next week.

Judge Okun continued the hearing, so that all parties could be present.

The next hearing was scheduled for Dec. 16.

Defense Plans to Conduct Independent DNA Testing in Murder Case

DC Superior Court Judge Milton Lee presided over parties as a defense attorney expressed his desire to conduct independent testing on behalf of a murder defendant.

D’aundrey Scott, 28, is charged with first-degree murder, arson, and assault with intent to kill, for allegedly igniting a fire that killed 62-year-old Darryl Finney on May 13, 2020, on the 900 block of H Street, NE.

According to court documents, Scott threw a firebomb at Finney, causing him to suffer burns on his back, arms, and legs.

During an Oct. 14 hearing, Scott’s defense attorney, Roderick Thompson, said he plans to conduct independent DNA testing. Scott initially waived DNA testing but has since changed his mind.

Thompson said he expects the results by early January of 2023.

Parties are scheduled to return to court on Jan. 26 to further discuss these matters.

Prosecution Pushes for Indictment In Homicide Case

On Oct. 14, prosecutors said they are in the process of securing an indictment after receiving DNA results in regards to a 2021 homicide case.

Amard Jefferson, 23, is charged with second-degree murder while armed for allegedly shooting his girlfriend’s friend, 20-year-old Kendall Brown, on Aug. 7, 2021, on the 3000 block of Nelson Place SE, where Jefferson resided with his girlfriend. According to court documents, the shooting occurred after a verbal altercation between Brown and Jefferson concerning some missing items.

The defense requested a full DNA report. There is also a possibility the defense will conduct independent DNA testing.

DC Superior Court Judge Robert Okun scheduled the next hearing for Jan. 20.

Prosecution Offers Plea Deal to Homicide Defendant For Fourth Time

A prosecutor extended a plea offer to a homicide defendant for the fourth time during an Oct. 12 hearing.

Nijinsky Dix, 39, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for the murder of 44-year-old Terry Hickman on the 1000 block of 4th Street, SW.

The prosecution sent over another plea offer of 12-18 years for second degree-murder while armed.

Dix’s defense attorney Brandi Harden said she received the offer 48 hours before Oct. 12. Therefore, she wanted to move forward by putting everything on the record due to the lack of communication between her and the prosecutor.

The prosecution initially offered a plea deal of 12-24 years for second-degree murder while armed in June of 2022. Harden said she has sent over plenty of counter-offers to the prosecution’s initial plea and they all were rejected.

According to court documents, the Metropolitan Police Department (MPD) found Hickman inside an apartment lying face down suffering from apparent gunshot wounds. Dix was kneeling at Hickman’s feet with her right hand in the air and her left hand between her legs. It became apparent she was holding a gun and was told to put the firearm down.

MPD found the defendant’s mother connected on Dix’s cell phone where she identified Hickman’s death. Dix’s mother stated she received a call and was told “he pushed me and I shot him.” Dix was apprehended.

DC Superior Judge Marisa Demeo scheduled the next hearing for Dec. 15.

Judge Releases Murder Defendant on Home Confinement

DC Superior Court Judge Milton Lee released a co-defendant in a murder case after serving nearly five years in pretrial confinement.

Gabriel Brown 33, and Antonio Upshaw, 33, are charged with first-degree murder while armed, robbery while armed, armed carjacking, possession of a firearm during a crime of violence, and unauthorized use of a vehicle in connection to the death of 24-year-old, Tyrone Johnson, at a liquor store called Lee’s Liquor located on the 2300 block of Pennsylvania Avenue, NE on March 10, 2017.

During the Oct. 14 hearing, Brown’s defense attorney Steven Kiersh waived his appearance, citing illness as the reason for the defendant’s absence in court.

Antonio Upshaw’s defense attorney, Ronald Resetarits, on the other hand, requested his client be released after spending nearly five years in pretrial confinement.

According to court documents, five witnesses heard gunshots coming from an alley the night of the crime and saw a gray Infiniti sedan leaving the alley shortly after.

In the hearing on Friday, Resetarits argued that the prosecution lacks evidence to implicate his client, Upshaw, in the shooting. He cited previous rulings by DC Superior Court Judge Judith Bartnoff, who formerly presided over the case, in which she stated that probable cause had barely been established.

In response, the prosecution contended that they have produced additional evidence since the last hearing but failed to disclose any before the court.

Judge Lee echoed Judge Bartnoff’s sentiment, stating, “there is probable cause, but it is not compelling.”

Restetartis then asked that his client be released as he has been held in pretrial confinement for nearly five years and sufficient evidence has not been provided to substantiate this holding.

Judge Lee granted Upshaw’s release, placing him on home confinement. Upshaw is not legally permitted to leave his house unless he is attending court or there is an emergency.

Regarding Upshaw’s stint in pretrial confinement, Lee said, “that is not the norm,” saying the COVID pandemic has created a backlog that has left many suspects in his position.

Upshaw and other parties involved in the case are expected to return to court on Oct. 31.

Brown is still being held at the DC jail.

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