Counsel Argues Over Access to Names in Homicide Case

In a status hearing on Feb. 17, DC Superior Court Judge Robert Okun granted the defense’s motion for reconsideration, requiring the prosecution to provide the defense with access to the names for the surviving victim and witnesses.

Terrance Oxner, 23, and Aaron Adgerson, 19, are both charged with first-degree murder premeditated while armed for their connection to a mass shooting on the 1400 block of Good Hope Road, SE. The shooting resulted in the death of Edward Wade, 22, on Jan. 25, 2021.

Oxner is also charged with conspiracy, seven counts of possession of a firearm during a crime of violence, three counts of assault with intent to kill while armed, aggravated assault knowingly while armed, and unlawful possession of a firearm due to a prior conviction. All offenses were committed during release.

Adgerson is also charged with conspiracy, three counts of assault with intent to kill while armed, aggravated assault knowingly while armed, and two counts of assault with significant bodily injury while armed.

At the hearing, Oxner’s defense attorney, Madalyn Harvey, expressed frustration with the prosecution’s refusal to provide the names of the witnesses and the surviving victim, which she needs for lab testing of DNA evidence.

The name requirement for testing appeared to be an issue that neither the defense nor Judge Okun had seen before.

“This seems to be a manufactured issue,” said Harvey.

Harvey also said the defense was constitutionally entitled to the names of the surviving victim.

Adgerson’s attorney, Stephen Logerfo, agreed with Harvey’s statements and the request.

The prosecution said the names would not be provided until much later, approximately one month before the trial was set to start.

However, Judge Okun granted the defense’s motion and ordered that the names be given to the defense sooner.

The prosecution is required to provide names within 10 days of receiving a protective order for the surviving victim in order for DNA testing to proceed.

The parties are scheduled to return May 19 for a status hearing.

Judge Holds Sex Abuse Defendant During Initial Hearing

DC Superior Court Judge Renee Raymond held a sex abuse defendant on Feb. 16.

The defendant is charged with first-degree sex abuse and assault with a dangerous weapon in connection to an incident that occurred on Feb. 15 on the 4400 block of Clay Street, NE.

According to court documents, Metropolitan Police Department (MPD) officers were dispatched to a location for the report of a domestic dispute.

The victim told officers that she observed someone trying to “rob” the defendant while he was intoxicated and offered to walk the defendant home. She said the defendant invited her into his home.

The victim told officers that once inside, she was repeatedly stabbed and sexually assaulted by the defendant.

After the sexual abuse occurred, the 68-year-old defendant allegedly attempted to patch up some of the stab wounds on her body, according to court documents.

The is scheduled to return to court on Feb. 21.

Judge Releases Defendant Charged with Accessory After the Fact

A DC Superior Court judge released a defendant charged with accessory after the fact on Feb. 15.

Nakia Pearson, 29, is charged with one count of accessory after the fact for allegedly aiding Antoine Tucker, knowing that he had committed a crime.

Tucker, 39, was charged with first-degree murder while armed in connection to the death of Vernon Harrison on the 2800 block of Alabama Avenue, SE on June 22, 2022.

Pearson was released with two stay-away orders and GPS monitoring.

She is scheduled to return to court on March 1.

A total of 38 defendants were presented before Judge Renee Raymond on Feb. 15.

Two domestic violence defendants were released with stay-away orders by Judge Raymond. Their charges include obstruction and simple assault. They are both scheduled to return to court in March.

Judge Raymond held a domestic violence defendant charged with destruction of property less than $1,000. The defendant is held on a bond of $50. He has two stay-away orders. The defendant is scheduled to return to court on March 7.

Judge Releases Defendant in Homicide Case After Determining Eligibility

During a felony status conference on Feb. 16, DC Superior Court Judge Maribeth Raffinan released the defendant in a homicide case after his eligibility for the high-intensity supervision program (HISP) and house arrest were determined.

Julian Ruffin is charged with second-degree murder for allegedly stabbing 38-year-old Alphonso Lee on Oct. 7, 2022, on the 1500 block of Butler Street, SE. According to Metropolitan Police Department (MPD) records, Ruffin and Lee got into an altercation surrounding the ownership of the defendant’s car. After Lee followed him into his home and punched him, Ruffin allegedly ”lost his mind” and stabbed Lee.

In a preliminary hearing on Feb. 15, Judge Raffinan accepted the defense’s request that Ruffin is released on 21-day home confinement and then transferred to HISP. However, his eligibility for the program had to be determined before the defendant could be released.

At the hearing on Feb. 16, Judge Raffinan announced that Ruffin, 32, was indeed eligible for home confinement and HISP.

After the 21-day period has concluded, Ruffin will remain released under HISP with a curfew and a GPS monitoring device. The prosecution did not propose any further conditions for Ruffin’s release.

The next status hearing is slated for April 24.

Suppression of Suspect Identification Denied

In a Feb. 16 hearing, DC Superior Court Judge Rainey Brandt denied the defense’s motion to suppress an identification made by a witness in a double-homicide case.

Alphonso Walker, 45, is being charged with two counts of first-degree murder in connection to the death of Dalonte Wilson, 23, and Antone Brown, 44, near the 400 block of 61 Street, NE on April 25, 2018. Walker has been held in the DC Jail since December of 2018.

Defense attorneys Prescott Loveland and Kevann Gardner argued that the circumstances in which the identification was made were suggestive. They said the police officer threatened the witness with jail time if the witness did not give a positive identification, and made highly suggestive comments that the person she needed to identify was Walker.

However, the judge and the prosecution both discussed that Walker had a sexual relationship with the witness. Because the witness knew Walker very well, the judge ruled that the suggestive nature of the identification did not reach the threshold for suppression.

An additional issue was brought up by Loveland and Gardner during a private conversation with Judge Brandt. They discussed a severe medical issue. It is currently unclear who is afflicted by the medical issue and what the details of the issue are.

Judge Brandt saw this issue as significant enough to reschedule opening statements to Feb. 27. Jury selection is still scheduled to begin next week, Feb. 23.

Defense Requests Body Camera Footage After Defendant is Arraigned in Homicide Case

At a felony status conference on Feb. 16, defense attorney Gemma Stevens requested the body camera footage for a homicide case after DC Superior Court Judge Maribeth Raffinan arraigned the defendant.

Nyjell Outler, 20, is charged with second-degree murder while armed for allegedly shooting Demetris Levar Johnson, 21, on March 20, 2021, on the unit block of Madison Street, NE. The shooting occurred at a gender-reveal party of one of the defendant’s friends.

Stevens also requested Grand Jury testimony.

At the hearing, Judge Raffinan arraigned Outler, 20, on charges of first-degree murder premeditated while armed, two counts of possession of a firearm during crime of violence, and assault with a dangerous weapon, all of which were committed during release.

Outler pleaded not guilty to all of the charges.

According to court documents, after arriving and speaking with a few guests attending the party, Outler leaned against a fence, pulled out a gun, and allegedly began firing at the guests. Two guests were injured, one of which succumbed to their injuries at the scene.

Outler is also facing charges for carrying a rifle or shotgun outside the home or place of business in a 2021 case and two counts of assault with a dangerous weapon and two counts of possession of a firearm during crime of violence in a 2022 case. Both of these cases are being heard by DC Superior Court Judge Heidi Pasichow.

The defense requested that the next status hearings for all three cases be scheduled for the same date.

Judge Raffinan agreed and reported that Judge Pasichow will hear the other two cases on the same day.

The next hearing is slated for March 31.

Detective Testifies That DNA Evidence is Sufficient For Probable Cause in Sex Abuse Case

In a preliminary hearing on Feb. 13, DC Superior Court Judge Marisa Demeo found probable cause in a sexual abuse case.

The 47-year-old defendant is charged with first-degree sex abuse in connection with four different accounts of rape.

Judge Demeo found probable cause for all four incidents based on the victim’s statements, reports, and DNA evidence. She also noted that the victim’s coworker’s hesitation to confirm the victim’s statements could indicate the coworker’s refusal to cooperate with the police.

During Monday’s hearing, the prosecution said the defendant’s DNA was found on a pair of underwear and a paper towel the victim had given to the police from a previous incident. The forensic report found traces of semen.

The prosecution questioned a Metropolitan Police Department (MPD) detective about the details of the case as well as the relationship between the victim and the defendant, which she said did not extend beyond the workplace.

While questioning the detective, the defense made it clear that the victim had not reported the assaults until much later than the first incident. The defense also said that despite the victim’s report of informing a coworker, the coworker denied ever having been informed about the incidents.

Additionally, defense attorney Rachel McCoy requested that Judge Demeo not find probable cause due to errors found in the police report regarding the dates of the incidents as well as lack of corroboration and credibility with another witness who did not testify.

McCoy said there was confusion regarding the complainant’s employment history with the cleaning company, stating that this lack of evidence diminishes probable cause.

Both the defense and prosecution requested that the defendant remains on release under the current conditions of the high-intensity supervision program (HISP), which Judge Demeo granted.

The prosecutor also stated, for the record, that there was a plea offer extended to the defendant, but he rejected it.

Judge Demeo scheduled the next hearing for May 12 in front of DC Superior Court Judge Brandt.

Document: Arrest Made in a Homicide

Metropolitan Police Department detectives made an arrest in connection to the discovery of human remains that was found on Feb. 3, on the 1300 block of Kearney Street, NE.

According to a press release, at about 8:31 am, officers located human remains in the yard of a residence.

On Feb. 15, 32-year-old Lavaughn Barnes was arrested and charged with first-degree murder while armed.

Defendant Rejects Plea Offer in Sex Abuse Case

During a Feb. 15 hearing, a defendant rejected a plea offer given by the prosecution.

The 30-year-old defendant is charged with first-degree sexual abuse for allegedly raping an adult victim. According to court documents, the defendant met the victim on a dating site a few days before the offense occurred.

On May 27, 2021, the defendant called the victim to hang out, documents state. She agreed at which time he went to her house.

The victim told detectives that as soon as she opened the front door, the defendant brushed past her, grabbed her arm, grabbed her by the throat and slammed her on the bed. He pulled his pants down and forced his penis into her mouth.

On Oct. 1, 2022, the defendant allegedly engaged in another sexual act with another victim in Fairfax County, Virginia. According to court documents, the victim reported that a male forced his way into her hotel room and sexually assaulted her. She stated the male grabbed her by the throat and forcefully pushed her onto the bed and raped her.

If the defendant pleaded guilty to attempted first-degree sexual abuse, the sentence would have resulted in a 51-month incarceration in prison.

In addition, the prosecution said that if the plea deal was accepted, no additional charges would be brought against him.

DC Superior Court Judge Rainey Brandt explained once more if the defendant accepted the offer, the sentence could be approximately 4.5 years in prison, but if the case went to trial, the maximum penalty for a first-degree sexual assault offense is 30-years.

The defendant acknowledged understanding the offer but continued to reject it. He declared that he won’t accept a plea offer unless the prosecution makes a better deal.

The next hearing is scheduled for March 31.

Homicide Witness is Potentially Invoking 5th Amendment Rights

Due to 5th Amendment rights concerns, the prosecution in a homicide case is motioning to admit witness testimony as evidence, but the defense is opposing it.

Terrance Prue, 22, is charged with first-degree murder while armed, three counts of possession of a firearm during a crime of violence, carrying a pistol outside a home or business without a license, and assault with a dangerous weapon in connection with the murder of Bruce Gilmore.

The prosecutor said Feb. 15 that a witness in the case is potentially going to invoke their 5th Amendment rights and will therefore be unavailable to testify during trial.

The prosecution filed a motion to admit this witness’s Grand Jury testimony as evidence to use during trial.

However, defense attorney James King said the witness was aware of their rights before they testified during Prue’s Grand Jury. He said the prosecution has not shared why the witness is pulling back now.

D.C. Superior Court Judge Maribeth Raffinan told King that she needs him to submit a written opposition to the prosecution’s motion before they can continue. If any of the circumstances surrounding this witness change the prosecution has to alert him immediately.

According to court documents, the shooting occurred on June 5, 2019, on the 3500 block of 22nd Street, SE. Metropolitan Police Department (MPD) officers were dispatched to the scene and found Gilmore, 39, with multiple gunshot wounds.

Gilmore was transported to a local hospital, and was later joined by one more victim, a male juvenile with a non-life threatening gunshot wound to his wrist. The male juvenile was treated and released.

All parties are scheduled to reconvene and discuss the motion in question on May 3.

Sex Abuse Defendant Seeks Bureau of Prisons Facility Change

A defendant charged with sexually assaulting three woman expressed discontent with issues he is having with getting placed into a facility that could provide him with mental health treatment.

The 44-year-old defendant allegedly sexually assaulted three women in separate attacks that occurred between 2003 and 2007. The defendant is charged with 22 counts, including assault with the intent to conduct first-degree sexual abuse while armed.

“Just like you said, I am tired too. This is my life,” the defendant said. “I will be getting all parties to send certified letters to the court about my mental issues. I am not about to be sent to a place to sit and die. This is about justice. Equality.”

The defendant was already convicted and sentenced in 2015 in another case. He is currently assigned to the Hazelton Federal Correctional Institution located in West Virginia. He is sentenced there until 2030.

During the Feb. 15 hearing, defense attorney Howard McEachern said he wasn’t able to move past the last hearing’s issues in regard the defendant wanting to be in a facility that will help him with his mental health issues.

McEachern said he spoke with the defendant on two separate occasions after the last hearing and that the defendant is still frustrated that McEachern cannot promise him that he will be going to a facility that’ll help provide him with treatment.

DC Superior Court Judge Rainey Brandt told the defendant that she cannot order placement in a Bureau of Prisons facility, but she could make recommendations. However, even with a recommendation, placement isn’t promised.

“I understand his concerns, I hear him, I just don’t have the power to solve his concerns,” Judge Brandt said.

According to court documents, on July 3, 2003, the defendant allegedly attacked and sexually assaulted a victim in her home. A day later, the defendant allegedly sexually assaulted another victim in a stairwell of her apartment building.

In September of 2007, the defendant allegedly attacked another victim and sexually assaulted her in her apartment building.

He is currently being held in DC on a $5,000 cash bond.

The defendant is also facing charges for first-degree child sex abuse.

The next hearing is scheduled for March 27.

Jurors Selected for Trial on 10 Year Old’s Murder

DC Superior Court Judge Robert Okun scheduled opening statements to begin on Feb. 16 after more than a week of jury selection.

Qujuan Thomas, 24, Quentin Michals, 25, Marquell Cobbs, 21, Darrise Jeffers, 23, Isaiah Murchison, 22, and Gregory Taylor, 26, are charged with first-degree murder, criminal street gang affiliation, conspiracy, possession of a firearm during a crime of violence, assault with intent to kill, and other charges regarding a fatal drive-by shooting that resulted in the death of 10-year-old Makiyah Wilson. The shooting happened on the 300 block of 53rd Street, NE on July 16, 2018.

On Feb.15, all parties agreed and finalized the jury selection of 18 jurors who are slated to sit on the three-month-long trial.

Judge Okun advised that the courtroom would be split with the victim’s family on one side and the defense’s family on the other due to previous tension between the two parties.

Sexual Assault Defendant Gets Harassed on Social Media

On Feb. 15, defense attorney Joseph A. Scrofano motioned for a protective order in court due to an unknown individual exposing personal information and evidence of a sexual assault defendant who was getting harassed on social media.

The 44-year-old defendant is charged with second-degree sex abuse. The incident took place inside an apartment located on the 1000 block of 14th Street, SW.

During the status hearing, DC Superior Court Judge Ann Keary explained that the defendant faced harassment on social media due to an unidentified individual exposing his personal information and evidence.

“We now have evidence that there is someone out there who is targeting [my client], his friends, and family online, Scrofano said.

Judge Keary reasoned with the defense, explaining that there needed to be a way in which the defense and prosecution could come to an agreement to remedy the incident.

However, in the event that the agreement does not work out between counsel, the prosecutor needs to file a response to this case.

The next hearing was scheduled for March 16.

Defense Files Motion to Release Assault Defendant from Home Confinement

During a Feb. 15 status hearing, defense attorney Joseph Yarbough moved for his client’s home confinement restrictions to be lifted.

Cedric Brockington, 17, is charged with two counts of assault with intent to commit/kill and one count of possession of a firearm during a crime of violence.

The morning of Wednesday’s hearing, Attorney Yarbough filed a motion for reconsideration and modification to Brockington’s release conditions. During the hearing, the prosecution opposed the defense’s motion for release and said that, “the danger the defendant poses remains substantial.”

However, Yarbough said that DC Superior Court Judge Milton C. Lee did not find substantial probability against the defendant after the case’s preliminary hearing in Nov.ember 2022. Furthermore, according to Yarbough, the defendant is 17 and has never violated his confinement conditions.

“[Brockington] hasn’t stepped out of line and should be in juvenile court,” he said. He enrolled in school online and has been doing it daily and doing it well. He’s proven he’ll do everything the court asks of him.”

Throughout the back-and-forth from the legal parties, the defendant maintained his calm composure and kept his glance straight ahead. His demeanor never faltered.

DC Superior Court Judge Maribeth Raffinan said she needed time to review Judge Lee’s notes before she rules on the defense’s motion. Judge Raffinan told the defendant that his compliance and eagerness to complete high school is a “step in the right direction.”

If the motion is approved, Brockington will be transferred from home surveillance to community supervision.

The next status hearing is scheduled for March 2.

Judge Orders A More Extensive Mental Health Examination for Convicted Child Sex Abuse Defendant

DC Superior Court Judge Maribeth Raffinan ordered a full mental health examination in a child sexual abuse case due to inconclusive preliminary results in a Feb. 15 hearing.

Dennis Morton, 31, pleaded guilty to first-degree child sex abuse on Aug. 25 for a sexual assault involving his 10-year-old niece. The incident occurred on Feb. 27, 2022, on the 900 block of Kennedy Street, NW. Morton is pending sentencing.

Judge Raffinan said the doctor was unable to form an opinion on Morton’s competency, leading the doctor to recommend a more extensive 30-45 day full mental health examination. There were no objections from either party.

Morton accepted a plea agreement with a suggested sentence of 12 years and a stay away order from the victim. Morton also faced domestic violence charges connected to this case, but they were dismissed as a term of the plea agreement.

According to court documents, the victim states that while Morton was at his girlfriend’s residence, he inappropriately touched her, picked her up and brought her into a different room where he engaged in non-consensual sexual activity.

Morton was previously charged with a felony for distribution of a controlled substance. However, on April 7, 2022, he pleaded guilty to possession of a controlled substance, bringing the charges from a felony to a misdemeanor.

April 7 was also the day he was arrested in this case.

A sentencing hearing was scheduled for Feb. 17 but because of the order for extensive examination, the hearing was vacated.

The next hearing is scheduled for March 28 to discuss the full examination results in moving forward with sentencing.

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