Judge Orders Prosecutor to Turn Over Names of Potential Eyewitnesses

The prosecutor admitted she did not interview several potential eyewitnesses to a homicide during a Sept. 29 status hearing. DC Superior Court Judge Rainey Brandt ordered that she give the names of those witnesses to the defense.

On April 19, 2019, Demetrius Void, 35, was arrested and charged with first-degree murder while armed in connection with the shooting death of 24-year-old Anthony Lawson on Sept. 25, 2018, on the 6200 block of Eastern Avenue NE. Lawson and Void were allegedly having a dispute over a gold Chevy Impala that belonged to Void’s mother, according to court records.

In the hearing on Thursday, defense attorneys Matthew Davies and Will Alley requested that the prosecutor turn over the names and contact information of all her witnesses. Several of these witnesses were at the gas station where the confrontation began, which was within sight of a bus stop where the shooting occurred.

“I’m not going to order the government to disclose its witnesses 11 months in advance of the trial,” Judge Brandt said. “You’ve got sufficient disclosure right now to start your defense.”

Alley noted that some of the testimony that had already been disclosed to the defense was contradictory, and that one witness was unable to identify Void in a photo array. The prosecutor, he argued, had the duty to disclose any other inconsistencies found during her investigation, pursuant to the Brady rule.

“All the inconsistencies have been turned over,” the prosecutor said. The prosecution had not interviewed everyone on the scene, the prosecutor admitted.

When Judge Brandt asked why the prosecution hadn’t sought to hear from everyone in the vicinity, the prosecutor said she discounted several individuals who she deemed to not have a clear vantage point of the shooting, and one individual who was “heavily intoxicated.”

That individual had been sitting at the bus stop, only feet away from the location of the shooting, when it occurred, the prosecutor said. Though she did not interview that witness, the prosecution has a name for him, which could either be his first name or an alias.

“I’m going to order that you turn over that name, as best you got it,” Judge Brandt told the prosecutor. “Let the defense go on a hunt [for him].”

On the day of the shooting in 2018, court records show that Void was seen by multiple witnesses approaching his mother at the gas station lot and asking for the keys to her gold Chevy Impala. Void’s mother was with Lawson at the lot, telling Metropolitan Police Department officers later that Lawson was her dealer for crack cocaine.

She refused to give Void the keys, and Lawson told Void “something to the effect of she ain’t giving you shit,” a witness told officers, according to court records.

Void then pulled a gun on his mother, beat her, and took the Impala. He drove off but returned to the scene some time later, standing with another man at the nearby bus stop. When Lawson left the gas station lot and headed in the direction of the bus stop, Void shot him, court records show.

The warrant issued for Void’s arrest charged him only with first-degree murder while armed. On Jan. 14, 2020, Void was indicted for six additional charges, including armed carjacking and three counts of possession of a firearm during a crime of violence on top of the murder charge.

As the Thursday hearing concluded, Davies requested information about the people at the gas station who weren’t pursued by the prosecutor, who may or may not have had a clear line of sight.

“The Court of Appeals would probably have something to say about the prosecution having witnesses, potential eyewitnesses, and failing, for whatever reason it was, to interview them,” Judge Brandt said in her ruling.

The parties are scheduled to reconvene on Oct. 14 for a status hearing.

Docuement: Police ID Victim in Second Street Stabbing

The Metropolitan Police Department identified a victim in a stabbing that occurred on the 5100 block of 2nd Street, NW.

According to a press release, officers found 73-year-old Gloria Williams in an apartment Sept. 25 suffering from trauma during a welfare check. Williams died on the scene.

The Chief Medical Examiner for the District of Columbia said her death was caused by sharp force injuries.

Document: Suspects Sought in a Homicide

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 24, on the 4500 block of Benning Road, SE.

At approximately 5:40 p.m., officers located two adult male victims suffering from apparent gunshot wounds.

One of the men, 26-year-old Antonio Taylor was pronounced dead at a local hospital.

Prosecution Shows Jury Shooting-Related Evidence Found in Defendant’s Car

During a Sept. 27 jury trial, the prosecution presented several critical pieces of evidence found in the defendant’s car, including a gun and magazine cartridge, a fabric mask, and target shooting posters filled with bullets.

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. Jennings is accused of sharing criminal 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.

One witness, a forensic scientist from the Department of Forensic Sciences (DFS), was questioned about her work on the McPhatter crime scene on March 8, 2017.

The scientist said she recovered 23 cartridge casings and 14 projectile fragments from the scene, including one which had passed through the outside window into the lobby.

She also reportedly recovered ballistic fragments from two vehicles on the scene, both of which showed several bullet holes in their side doors and windows.

Although Turner refused to allow the scientist to enter his white Lexus, which was also on the scene, his and the other vehicles were towed back to the lab for processing.

There, the forensic scientist examined the bullet fragments in each car and found different brands of bullets and two different calibers. The scientist inferred that five different firearms may have been used in the shootings.

Next, the prosecution invited a different forensic scientist from DFS, who later processed Turner’s Lexus twice at the lab. Without access to Turner’s car keys, the scientist forced open the locked glove compartment, revealing a pistol with a loaded magazine as well as a black fabric mask found inside the back pocket of his driver’s seat.

The prosecution showed each physical item to the jury.

In Turner’s trunk, the forensic scientist also found several posters, intended for shooting practice of the human upper body. The prosecution showed each poster to the jury, displaying the numerous apparent bullet holes scattered throughout each.

Jennings is specifically accused of sharing criminal intelligence with Turner during her time working as a clerk for the Metropolitan Police Department (MPD).

The trial is scheduled to continue on Oct. 4.

Document: Suspect and Vehicle Sought in an Assault

Metropolitan Police Department detectives are investigating a shooting that took place on Sept. 27, on the 1500 block of Good Hope Road, SE.

At approximately 10:00 p.m., officers located one adult male victim and one juvenile male victim, conscious and breathing, suffering from apparent gunshot wounds.

Sex Abuse Defendant Receives 5-Year Sentence for Attacks Committed Against Strangers

On Sept. 27, DC Superior Court Judge Maribeth Raffinan sentenced a sex abuse defendant to five years in prison for assaults against two women.

Kenneth Pollard, 55, pleaded guilty to third-degree sex abuse, second-degree burglary, and misdemeanor sex abuse for two incidents in which he inappropriately touched two women. On June 14, 2020, Pollard approached a woman and grabbed her buttocks and thighs at a bus stop on the 3400 block of Capitol Street, SE.

Over a year later, on Aug. 31, 2021, Pollard targeted another woman at a bus stop on the 4000 block of Minnesota Avenue, NE. He grabbed her from behind and put her into a chokehold. Surveillance footage showed the victim fleeing to a nearby business and the defendant following her inside the business and dragging her outside.

When determining the sentence, Judge Raffinan recognized Pollard’s history of substance abuse and childhood abuse but also noted the “irreversible damage” he caused both victims, especially the victim involved in the Minnesota Avenue incident.

Outside, he groped her breasts, and unbuttoned his pants, exposing his penis, and shouting, “You’re gonna have my baby,” court documents stated.

Bystanders intervened and helped diffuse the situation.

The prosecution described this attack as “animalistic” but stated that the defendant was under the influence, which was evidenced by “his glassy eyes.”

Pollard’s defense attorney, William Alley, said his client’s substance abuse issues stemmed from years of homelessness and childhood abuse.

Pollard issued an apology to the judge and victim for his “disrespect towards women.” He also said he was not aware of his actions at the time as he was under the influence of PCP, a hallucinogenic drug. Pollard expressed his desire to seek drug treatment and mental health therapy.

The victim involved in the Minnesota Avenue was not present; however, her attorney stated that she quit her internship and is unable to revisit the area where her attack occurred.

As part of his sentence, Pollard is required to register as a sex offender for 10 years.

Murder Defendant Waives Right to Test Prosecution’s DNA Evidence

A homicide defendant declined to test the prosecution’s evidence during a Sept. 27 status hearing.

Clifton Browne, 58, is charged with second-degree murder in conncection to the deadly beating of 76-year-old Luther Brooks on the 1300 block of Kalmia Road, NW on Sept. 27, 2021. Browne was the nephew of Brooks’ landlord.

During the Tuesday hearing, the prosecutor informed DC Superior Court Judge Marisa Demeo that he did not plan to test DNA, nor ask for an additional hearing to present DNA test results.

Defense attorney Lisbeth Saperstein said the defense was prepared for an additional hearing to discuss testing, but did not request one themselves, either.

According to court documents, one of Browne’s close relatives told police that Browne was at the location to do work around their house. Brooks lived in the apartment downstairs from them but was expected to leave within the week. He was “draggin’ his feet,” the relative said. Browne said he’d talk to Brooks to try to move the process along.

The witness heard the two begin to argue, and Brooks hit Browne with a long stick, according to court documents. Browne pursued him and hit him multiple times. When the witness separated the two, Brooks was speaking “incoherently.”

Browne tried to bring Brooks outside, dragging him out from the basement apartment, the documents report. When he stopped and propped Brooks on the stairs, Brooks reportedly fell backward down the stairs, striking his head on the concrete.

Brooks was hospitalized and pronounced dead on Oct. 8, 2021.

When homicide detectives interviewed Browne, he did not mention arguing before Brooks hit him with the stick, and he did not mention the fall down the stairs. According to court documents, he did admit that he “went berserk on him,” punching Brooks in the head and chest.

The parties are scheduled to reconvene on Dec. 9 for a status hearing. A jury trial is scheduled to begin on Jan. 9, 2023.

DNA Testing Delays Hearing in Domestic Violence Homicide Case

DC Superior Court Judge Maribeth Raffinan scheduled a status hearing after delays with finalizing DNA testing in a 2020 murder case.

Daniel Fleetwood, 28, is charged with first-degree murder while armed in connection to the death of 26-year-old Shana Donahue on May 28, 2020, on the 2900 block of N Street, SE. The incident is listed as domestic violence.

Prosecutors told Judge Raffinan Sept. 27 that the items awaiting DNA testing had been on hold since April of last year. The prosecution requested another hearing in four to six weeks while the DNA testing site expedites DNA tests of the items.

Judge Raffinan scheduled another status hearing for Nov. 16.

Document: Police Investigate Fatal Shooting in Northeast DC

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 26, on the 1300 block of Meigs Place, NE.

At approximately 2:49 p.m., officers located 23-year-old Jamal Gibson suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Murder Defendant Pleads Not Guilty At Arraignment

During a Sept. 27 hearing, DC Superior Judge Raffinan Maribeth arraigned Ky’lee Palmer on six counts connected to a murder in 2020.

The 23-year-old defendant was indicted on first-degree murder while armed, two counts of tampering with physical evidence, assault with intent to kill while armed, and destruction of property $1,000 or more on July 27.

During the hearing, Palmer’s new defense attorney, David Akulian, requested a nominal bond for the defendant. The judge agreed and set a cash bond for $500. Akulian replaced Palmer’s former attorney, Sellano Simmons.

The defendant’s charges stem from an incident on Feb. 12, 2020, when Metropolitan Police Department officers responded to reports of a shooting on the 800 block of 51st Street SE. Upon arrival, officers found 60-year-old Barron Goodwin inside a residence, suffering from gunshot wounds. He was pronounced dead at a local hospital.

The next hearing is scheduled for Nov. 16.

Judge Sentences 27 Year Old to More than 5 Years in Prison for Sex Abuse

A 27-year-old man was sentenced at the DC Superior Court Sept. 21 for sexually abusing a woman in her apartment.

Artez Powell was convicted of fourth-degree sexual abuse and first-degree burglary in connection to sexually abusing a tenant on the fourth floor of an apartment building located on the 1900 block of C Street, SE. He was initially charged with two counts of burglary and one count of fourth-degree sexual abuse.

DC Superior Court Judge Robert Okun sentenced Powell to 68 months for first-degree burglary and 24 months for fourth-degree sexual abuse. The terms are concurrent.

Powell also has to register as a sex offender for 10 years. Upon release, he must serve 5 years of supervised probation for the burglary charge and 3 years of supervised probation for the sexual abuse charge.

The defendant is also required to pay $200 to the fund for the Victims of Violent Crime Act. The fund is slated to be paid from Powell’s prison pay, according to court documents.

According to court documents, on March 2, the victim was asleep when she felt someone touching her. She assumed it was her cat that slept with her, but when she woke up it was a man rubbing her body. The man ran off with two of her credit cards.

“I was not someone who was easily broken. I am now broken,” the victim stated in her impact statement, which was read by her attorney. “I couldn’t even get out of bed. I moved out of the apartment because I was too scared to walk the halls. I don’t know how to describe myself anymore. I am depressed, anxious, I have additional locks on my doors. I still cry. I am embarrassed and lost.”

The victim asked that Powell receive the maximum sentence of 70 months.

Powell’s defense attorney said he endured a lot of trauma from his childhood.

He was sexually abused by a male in his family and he was abandoned by his mother, Kevin Mosley, Powell’s defense attorney said. He lost his uncle who was a father figure to him. He has no one to help him, leaving his trauma left untreated.

“Trauma is real,” Mosley said. Powell’s trauma and substance abuse have affected his choices.

Judge Okun told Powell that he will still be young when he is released and wished him the best.

Document: Homicide in Northeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 22, on the 700 block of Kenilworth Terrace, NE.

At approximately 11:59 p.m., officers responded to the 1000 block of Kenilworth Avenue, NE for reports of the sound of gunshots. Upon arrival, officers located 45-year-old Harold Blair, III inside of an overturned vehicle suffering from apparent trauma from the crash.

Document: Traffic Fatality That Killed a 25-year-Old Man

Metropolitan Police Department detectives are investigating a traffic fatality that occurred on Sept. 24, at the intersection of Canal Road and Chain Bridge Road, NW.

According to a press release, at approximately 12:41 a.m., a Hyundai Venue and a Volvo XC90 was involved in a head-on collision.

The driver of the Hyundai was pronounced dead at a local hospital. He has been identified as 25-year-old Jefferson Leonel Garcia-Yanez.

Document: Suspect and Vehicle Sought in a Northeast Homicide

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 22, on the 3000 block of Adams Street, NE.

At approximately 12:41 p.m., officers located 57-year-old Bacilio Villatoro suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Judge Sentences Man to 2 Years in Prison for Sexually Abusing His Daughter

DC Superior Court Judge Rainey Brandt sentenced a man on Sept. 23 to twenty-four months in prison for sexually abusing his teenage daughter.

Jerry Barton was initially charged with first-degree sexual abuse in a domestic violence case that occurred in September of 2019. On March 8, he pleaded guilty to a lesser charge of second-degree sexual abuse of a minor for sexually assaulting his 16-year-old daughter. The sentence term for the plea deal is between 18 and 42 months in prison. Barton was released under the high intensity supervision program (HISP) on Feb. 3, 2020.

“I still want a relationship with him down the line,” the victim said during her impact statement Friday. “He is my father and I don’t want him to be sentenced for a long time. I am still confused about everything that is going on.”

Judge Brandt said she would not give Barton “a slap on the wrist.”

Judge Brandt took the victim’s wish into consideration, giving Barton a split sentence so that he could continue to get the help he is receiving.

“As a judge, my job is to protect the citizens of DC and there are well-meaning people who come into my courtroom, but that doesn’t mean I am going to allow you to walk out of my courtroom today,” she said.

Barton was sentenced to 24 months in prison with three years of supervised probation and must also register as a sex offender for 10 years within three days of being released.

“I am confused and I don’t know what to say. I feel terrible and stressed out about it all,” Barton said. “This situation has been prolonged and still, here I am confused about the case. I have remained indoors. I check in with my case managers and I am sorry to the court.”

On Sept. 28, 2019, the 16-year-old victim went over to Barton’s home to retrieve money from him. Upon her entrance into his home, he told her to come into his room where he then asked her what she was willing to do to get the money.

The victim then felt something on the back of her neck which she assumed was a gun. Barton then forced her to the bed where he removed her clothes and penetrated her vagina with his penis. After the assault, Barton told her to stop being a “crybaby” and to get dressed.

Barton admitted to having sex with the 16-year-old to the Metropolitan Police Department (MPD) but indicated to them that it was consensual and denied ever using a gun.

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