Plea Discussions Continue in a 3 Co-Defendant Homicide Case

During a Feb. 24 hearing, the prosecution noted that there has been a plea offer sent to two out of the three defendants.

Eighteen-year-old Nelfy Hernandez, 20-year-old DeAndre Levy, and 18-year-old Trey Prillerman are allegedly charged with first-degree murder regarding the shooting of a group of teenagers that resulted in the death of Taijhon Waytt, 17. The shooting took place on the 5500 block of 9th Street, NW on Aug. 10, 2020.

A plea offer was sent to Hernandez and Prillerman but has not yet been sent to Levy.

Although there was no material in the car that Levy’s defense attorney, Jonathan Zucker, wants tested, he said there is no other evidence from the scene that he could test because the prosecution has already tested everything.

“We filed a notice before we began testing and never received a response,” the prosecution said.

The parties are scheduled to return for further discussions on March 3.

Case Acquitted: Defense Requests Dismissal of Homicide Case After Prosecution Violation

Sutton was acquitted of murder and possession of a firearm during a crime of violence on March 23, 2023.

On Feb 27, DC Superior Court Judge Michael Ryan granted the defense’s request to notify the jury of a prosecutorial violation after the prosecution failed to hand over sufficient evidence in a first-degree murder case.

Kaevon Sutton, 21, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or place of business in connection to the shooting of Aujee Tyler, 22. The shooting occurred on March 19, 2018, on the 3500 block of Stanton Road, SE.

Jury selection for the case was delayed after the prosecution failed to provide the notes of the lead detective. The prosecution argued that because of the transition from physical to digital copies of evidence coupled with the numerous changes made by prosecution attorneys, the notes of the detective were not included in the evidence provided to the defense.

The notes included information about a phone call that was made on the day of the shooting from a female who reported it, stating that the shooter was “lil’ ark.” From there the responding detective linked the alias to another individual unrelated to the case.

However, upon further investigation, the prosecution found that the other individual was incarcerated at the time of the shooting, therefore could not have been responsible for Tyler’s death.

Attorney Jessica Wilis on behalf of Sutton argued that the prosecution failed to hand over sufficient evidence which violates Sutton’s constitutional rights to a fair jury trial and is also a violation of a rule requiring prosecutors to disclose exculpatory evidence to the defense.

She claimed that the exclusion of evidence for roughly five years made it impossible for the defense to try to investigate for an alternative suspect and that the prosecution withheld the evidence because it weakened their case.

Willis ended her argument by requesting to dismiss the case, release Sutton so he can help the defense to have more evidence, or inform the jury of the prosecution’s violation.

The prosecution argued that even though they failed to disclose important information, there is still enough evidence for the case to continue as facial recognition of a photo of the incident had been used to identify Sutton. Sutton’s alias is also “lil’ ark”.

After hearing both arguments, Judge Ryan found a clear violation of the rule.

Given the severity of the case, Judge Ryan rejected the defense’s request for dismissal and release of the defendant. However, he did accept the defense’s request for a jury instruction to notify the jury of the violation and restricted the detective from testifying in the trial.

Jury selection for the trial is set to begin on Feb. 28.

Document: Homicide in Northeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Feb. 26, on the 5100 block of Sheriff Road, NE.

According to a press release, at about 3:42 pm, officers located two adult male victims suffering from apparent gunshot wounds. They were pronounced dead at the scene.

The decedents have been identified as 34-year-old Harold Bogan and 32-year-old Wayne Sheppard.

Document: Suspect and Vehicle Wanted in Connection to a Non-Fatal Shooting

Metropolitan Police Department detectives are asking for the public’s help in connection to a non-fatal shooting that occurred on Feb. 23, on the 200 block of 55th Street, NE.

According to a press release, at about 5:06 pm, officers located an adult male victim at a local hospital seeking treatment for a non-life-threatening gunshot wound.

Document: Traffic Fatality in Northwest

Metropolitan Police Department detectives are investigating a traffic fatality that occurred on Feb. 21, on the 3000 block of Connecticut Avenue, NW.

According to a press release, a 2019 Tesla Model 3 carrying five people was going south in the left travel lane in the 3000 block of Connecticut Avenue, Northwest, at around 7:50 a.m. The Tesla impacted a 2018 Toyota C-HR before slamming into a 2010 Mercedes-Benz ML-350 head-on after crossing the solid-double yellow lines and moving into the northbound lane of traffic. The Tesla was then struck by a 2017 Chevrolet Equinox that was also moving in the direction of north.

The driver of the Tesla, 21-year-old Mohammed Islam was pronounced dead on Feb. 26.

Defense Requests Child Sex Abuse Defendant’s Passport be Released to Him

During a Feb. 24 hearing, the defense asked DC Superior Court Judge Maribeth Raffinan to release a child sex abuse defendant’s passport.

“Its been about a year and [the defendant] has not been able to go to Guatemala to see his family,” defense attorney, Hannah Claudio said.

According to Claudio, the defendant has children and his 93-year-old sister, who isn’t in great health, in Guatemala who he wants to visit.

“He is not a flight risk,” she said.

The prosecution vehemently objected.

“Right now he is facing charges that are very serious,” the prosecutor said. “He was abusing people in his truck. If convicted he could be sentenced to life in prison.”

The prosecutor said the defendant has a strong incentive to not return if he leaves the country.

According to court documents, the 63-year-old defendant engaged in multiple sexual acts with multiple girls between the ages of 9-13 from 2004 to 2010.

According to court documents, the sexual assaults took place while his spouse, who ran an in-home daycare at their apartment, would leave the kids with the defendant for a number of hours.

Judge Raffinan said she is not prepared to make a decision but will make a ruling at the next scheduled hearing on March 31.

She asked the defense to file the motion for the defendants passport to be released to him by March 6 and the prosecution must respond by March 20.

Date Set for Motions Hearing in Homicide Case

DC Superior Court Judge Marisa Demeo set a new date for a motions hearing due to witness availability.

Kenneth Stewart, 61, is currently facing charges of first-degree murder while armed and assault with a dangerous weapon. Stewart allegedly stabbed the victim, 54-year-old Courtney Jones, on July 23, 2020.

The hearing held on Feb. 27 was originally set as a motions hearing for the 2020 homicide case; however, it was converted to a virtual status hearing. The defense waived the defendant’s appearance for the hearing.

The stabbing occurred on the side of the road on the 2300 block of Pennsylvania Avenue, SE.

Stewart, among other witnesses, were together in a car, driving home from a day of shopping, according to court documents. The driver of the car pulled over on the highway due to Stewart’s aggressive behavior towards the victim. Stewart allegedly got out of the car once it had pulled over, opened the car door on the victim’s side, and started stabbing him.

Jones died from the injuries he endured at the Prince Georges Hospital nearly two and a half hours after the crime had occurred.

Stewart has been held at the D.C. Jail with no bail since the incident took place. This case is set to go to trial on June 19, 2024, nearly four years after the initial incident took place.

The next motions hearing is set for June 28.

Defendant Tries to Contact Victim From Jail in Sexual Abuse Case

DC Superior Court Judge Rainey Brandt denied the defense’s motion for release to a half-way house to guarantee the safety of the victim.

The 43-year-old defendant is charged with first-degree sexual abuse while armed for an alleged sexual act on Nov. 3, 2022, on the 5500 block of Chillum Place, NW.

The victim was screaming while the defendant licked her face and neck, according to court documents Another male, who was present in the house, said to the defendant “don’t make anyone do anything they don’t want to do.”.

The defendant reportedly pushed her onto the bed and removed her pants and underwear when she attempted to leave. He placed a black handgun in front of her. The victim reported being in fear for her life after he told her “that’s the shit that gets people killed” before he licked and penetrated the victim’s vagina with his penis while he was on top of her, according to court documents.

On Feb 24, during a motions hearing, defense attorney Thomas Healy requested that the defendant be released to a half-way house he previously contacted and was able to reserve a bed. The defense stated that since the defendant’s DNA was not found on the victim’s private area and the victim’s DNA was not found on defendant’s private areas it’s an allegation, and the defendant is not guilty.

The prosecution opposed the defense’s request, stating that the defendant is not able to follow orders outside of jail or inside based on his prior criminal record, including first-degree theft, drug possession, assault with dangerous weapons, and escape from an institution.

In addition, DNA test results showed the defendant’s DNA was found on the victim’s neck and cheeks.

According to the prosecutor, the defendant also sent his uncle a letter that included the victim’s phone number, address and name asking the uncle to “scare that lying bitch”. DC Jail also informed the prosecution of the defendant’s attempts to call the victim.

The prosecutor said tampering with witness charges will be added to the defendant’s case.

The defense responded by saying a motion regarding the added charges will be filed regarding those charges. The defendant also waived his right to independent DNA testing.

The defendant’s request for release has been previously denied more than one time and nothing has changed since then.

A status hearing is scheduled for April 4.

Document: Vehicle Wanted in Connection to a Non-Fatal Shooting

Metropolitan Police Department detectives are asking for the public’s help in locating a vehicle in connection to a non-fatal shooting that occurred on Feb. 25, on the 4400 block of Quarles Street, NE.

According to a press release, at about 8:44 pm, officers located an adult male suffering from apparent gunshot wounds.

Document: Arrest Made in Connection to a Homicide

Metropolitan Police Department detectives have made an arrest in connection to a homicide that occurred on Feb. 26, on the 3300 block of D Street, SE.

According to a press release, at about 1:17 pm, officers located 57-year-old David Wright and 54-year-old Nathaniel Howard inside a residence, suffering from apparent gunshot wounds. They were pronounced dead at a local hospital.

Later that day, 41-year-old James Jones was arrested and charged with two counts of second-degree murder while armed.

Document: 30-Year-Old Killed in Southwest

Metropolitan Police Department detectives are investigating a homicide that occurred on Feb. 25, on the 1500 block of First Street, SW.

According to a press release, at about 8:44 pm, officers located 30-year-old Kevin Sharp suffering from apparent gunshot wounds. He was pronounced dead at a local hospital.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Feb. 23, on the 3100 block of Buena Vista Terrace, SE.

According to a press release, at about 11:10 pm, officers located 30-year-old Dimitri Remache suffering from an apparent gunshot wound. He was pronounced dead at the scene.

Stand-In Attorneys Forced to Set Uncertain Hearing Date

At a status hearing on Feb. 24, stand-in attorneys for both the prosecution and defense were forced to set a date for the next hearing without any knowledge on the case.

Christian Monge, 26, is charged with first-degree murder while armed for allegedly stabbing 31-year-old Brittanie Clark. Monge allegedly stabbed Clark in a residence on the 5000 block of First Street, NW on Aug. 31, 2021, after Clark and Monge’s girlfriend had gotten into an altercation about their relationship.

Due to a scheduling miscommunication, Monge’s defense attorney Anthony Matthews was not able to make the hearing. Kevann Gardner, who was in the courtroom for an earlier hearing, served as a stand-in.

The prosecution also required a stand-in due to undisclosed circumstances.

Because the attorneys on both sides were stand-ins, they did not have enough knowledge or information about the case for the hearing to proceed.

DC Superior Court Judge Robert Okun scheduled the next hearing, but it is subject to change according to the schedule of the attorneys on the case.

The next hearing is scheduled for April 3.

Both Parties of Homicide Case Work To Move Forward Without Delays

During a Feb. 24 hearing, both the prosecution and defense agreed they did not want to delay the June 13 deadline for a Grand Jury

Malik Seltzer, 27, is charged with first-degree murder while armed in connection to the fatal shooting of 37-year-old Paris Odemns on the 4000 block of 1st Street, SE on Sept. 15, 2021.

The prosecution offered a 2-month extension for a possible plea offer. However, if no plea offer was extended, then the Grand Jury deadline would still be set for June 13.

Kevann Gardner, attorney for the defendant, requested the prosecution provide a document that includes the witnesses and evidence that will be presented at trial. The prosecutor consented.

DC Superior Court Judge Robert Okun scheduled the next status hearing for April 28.

Defense Attorney Requests Home Confinement on Behalf of Self-Defense Theory

During a Feb. 24 status hearing, DC Superior Court Judge Robert Okun rejected a motion to release a defendant to home confinement in a homicide case.

On Nov. 30, 2022, 23-year-old Anthony Lewis was arrested and charged with first-degree murder while armed in connection to the homicide of 19-year-old Cameron Clemons that occurred on May 28 on the 600 block of Otis Place, NW.

Lewis’ representation, Julie Swaney, requested release into home confinement with hopes of a more positive environment for the defendant on the basis that Lewis acted out of self-defense. However, Judge Okun decided to reject the motion in accordance with a previous judge’s decision.

At a preliminary hearing on Jan. 4, DC Superior Court Judge Anthony Epstein, who reviewed this case, found substantial probability and held Lewis at the DC Jail.

“There’s nothing I heard that would make me reconsider Judge Epstein’s decision.” said Judge Okun.

Swaney said the defendant had a criminal history, but the charges were all non-violent crimes and Lewis never had trouble showing up to court when supposed to.

She also noted Lewis’ previous charge for attempted carrying of a pistol without license outside of home or business but explained that Lewis was simply carrying a gun to protect himself due to the dangerous nature of his neighborhood.

According to Swaney, the defendant has an uncle who works for the state in Maryland that could provide a positive influence for Lewis and help him avoid potential problems in DC, so she requested that Lewis be released to house arrest with his uncle.

Sawney also said the defense believes there is a strong case for self-defense as the accident occurred after an altercation between Lewis and a group of unknown individuals.

However, the prosecution opposed the argument because Clemons was not part of the group of unknown individuals involved in the conflict.

Both counsel and Judge Okun then had a private conversation at the bench, which resulted in Judge Okun’s recommendation that Lewis be placed in the Correctional Treatment Facility (CTF) of the DC Jail.

The next status hearing is scheduled for May 12.

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