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Judge Continues Homicide Case To Give Prosecutor Time To Resolve Private Issues With Witness

On Nov. 22, DC Superior Court Judge Robert Okun continued a homicide case to give the prosecutor enough time to resolve some issues with a witness.

Morris Jones, 38, is charged with first-degree murder for allegedly shooting Tiffany Wiggins on April 17 on the 3800 block of Minnesota Ave, NE. According to court documents, Jones is also known as Antonio Jones.

During the Tuesday proceeding, the prosecutor requested to reschedule the hearing because he had a private matter to resolve with a witness.

Defense attorney Prescott Loveland asked for an approximate time frame for postponing the matter.

Judge Okun spoke with both parties privately and decided the prosecutor’s private reasoning for rescheduling the hearing was important but needs to be handled in an effective and timely manner.

On the morning of the homicide, officers from the Metropolitan Police Department (MPD) responded to a shot spotter alert for six rounds of gunfire on the 3800 block of Minnesota  Avenue, NE, according to court documents. After MPD canvassed the area, they located Wiggins inside a bronze Infiniti suffering from an apparent gunshot wound. 

Wiggins’s autopsy report concluded that she suffered a gunshot wound to the lower left side of her back. The bullet traveled through the body puncturing her left and right lung, heart, and her aorta before exiting a portion of her chest causing her chest cavity to fill with blood.

The hearing is scheduled to continue on Dec. 7.

Close Friend ‘Not Sure’ if Defendant was With Him the Day of Homicide 

During a Nov. 21 jury trial, a detective recounted his initial investigation and a forensic pathologist confirmed the victim was killed by a bullet to the head in a 2017 homicide case.

On Aug. 10, 2017, Robert Moses, 23 and James Mayfield, 22 approached the intersection of Montana and Saratoga Avenues, NE while armed with .40 and .45 caliber handguns. Collectively, the defendants fired over ten rounds at people standing on Saratoga Avenue. One of these bullets struck 17-year-old Jamahri Sydnor in the head as she was driving, killing her. Three other bystanders were struck by the bullets.  

Moses was arrested on Oct. 26, 2017.  He is charged with 13 counts, including first-degree murder while armed, assault with the intent to kill while armed, and aggravated assault while armed. 

Mayfield was arrested on Dec. 27, 2017. He is charged with 25 counts, including first-degree murder, assault with the intent to kill while armed, possession of a firearm during a crime of violence, threat to kidnap or injure a person, robbery while armed, assault with a dangerous weapon, possession of an unregistered firearm, carrying a pistol without a license, and attempt to commit robbery while armed. 

Phillip McDaniel, 26, an accomplice who was arrested and charged in 2017 for his involvement in Sydnor’s murder, signed a plea deal to lessen his sentence to second-degree murder. This deal included his agreement to testify against Moses and Mayfield. 

On Monday, a close childhood friend of Moses’ who also knew McDaniel from Langdon Park continued his testimony. The witness recalled hanging out with Moses during the afternoon of Oct. 26, 2017, before Moses was arrested that evening. 

Prosecutors read aloud a segment from the witness’ Grand Jury testimony, in which he stated that “he wasn’t sure” if Moses was with him, or if he saw him at all, on Aug. 10, 2017, adding that he typically saw McDaniel “every blue moon.” When asked to clarify this statement, the witness explained that he meant “every other day.”

The witness confirmed that he sent Moses money in prison once, but admitted his contact with the defendant had since been limited to a single phone call. He maintained that no one associated with Moses, nor Moses himself, had ever threatened him.

The trial resumed on Nov. 22 with the prosecution’s arguments. Arguments are set to continue on Nov. 28.

Defendants Plead Not Guilty to First-Degree Murder

During a Nov. 21 arraignment, three co-defendants pleaded not guilty to first-degree murder and armed robbery in a 2021 case.

On the night of July 2, 2021, 21-year-old Rosendo Miller was found lying in the street with multiple gunshot wounds after he exited a store on the 1300 block of Brentwood Road, NE. The defendants allegedly robbed and gunned down the victim. The suspected gunmen, 22-year-old Mark Fletcher, 22-year-old Malik Bynum and 21-year-old Larry White were arrested that night. 

DC Superior Court Judge Maribeth Raffinan first read out the six charges to all three defendants who were indicted on first-degree murder, possession of a firearm during a crime of violence, robbery while armed, unlawful possession of a firearm and conspiracy. 

Fletcher, Bynum and White pleaded not guilty to all six charges.

Judge Raffinan also granted prosecutors’ request for a Grand Jury protective order. The order will protect witnesses’ confidentiality, encouraging them to come forward and testify freely without fear of retaliation from any party.

The defendants are being held without bail.

A status hearing was scheduled for Jan. 27, 2023.

Document: Person of Interest Sought in a Homicide

Metropolitan Police Department detectives are asking for the public’s help in locating a person of interest in connection to a homicide that occurred on Nov. 19, on the 1200 block of First Street, NE.

According to a press release, at about 9:50 pm, officers located 18-year-old Akira Wilson in a hotel room suffering from an apparent gunshot wound. She was pronounced dead at the scene.

Judge Denies Late Submission of Evidence

During a Nov. 21 hearing, DC Superior Court Judge Milton Lee denied the late submission of evidence from a prosecutor to prevent the defendant from an extensive hold in the DC Jail for an extra 18 months. 

Kirk Spencer, 27, is charged with first-degree murder while armed for allegedly shooting 49-year-old Marcus Covington on Feb. 23. 2021, at the Anacostia Metro Station located on the 1000 block of Howard Road, SE. 

The defense attorney Jacqueline Cadman said she has not received any calls from the Metropolitan Police Department (MPD) regarding a phone that was taken into evidence.  She requested all and any notes and police paperwork from MPD to be turned over, but it has not been provided yet. 

Cadman also said the only material she has reviewed was body-worn camera footage from the day of the incident.

The prosecutor requested an audit of the footage to record all time stamps noted from the day of the shooting.

“I have dealt with a late submission in evidence once before, and I can tell you that I am not going to allow that submission to be used in trial because I am not going to hold a person in jail for an extra 18 months,” Judge Lee said. “I know we are busy, but it has to get done.”

The next hearing is set for Jan. 27

Homicide Defendant Wants To Withdraw His Plea

During a Nov. 21 hearing, DC Superior Court Judge Milton Lee extended a sentencing hearing in a homicide case to give a defendant more time to review his request to withdraw his plea. 

Diquan Lucas, 25, is charged with second-degree murder while armed in connection to the shooting of 33-year-old Brian Tyrell Butler on Nov. 21, 2019, on the 2300 block of Ainger Place, SE. He pleaded guilty to voluntary manslaughter on March 11. 

According to court documents, another suspect named Devin Hill, who is also known as Devin Smith, was also apprehended and charged with first-degree murder.

The second suspect’s role was not identified in this hearing, but he entered a guilty plea on July 20, 2021, in connection to another murder that allegedly involved him and another individual.  

On the evening of the homicide, the Metropolitan Police Department (MPD) responded to the 200 Block of Ainger Place, SE, where they found Butler unconscious and not breathing. He sustained four gunshot wounds.

The defense requested to set a further status hearing because the attorney felt he has not effectively addressed an issue that was raised prior to Lucas withdrawing his guilty plea. 

The next status hearing is scheduled for Dec. 13

Homicide Case Continues As Plea Offer Gets Extended Again 

During a Nov. 21 hearing, DC Superior Court Judge Milton Lee continued a homicide case again to give the defense more time to discuss the prosecution’s plea offer. 

Jonathan Young, 37, is charged with first-degree murder while armed for allegedly shooting 22-year-old Dewayne Shorter III on Jan. 26, 2021, on the 1300 block of Brentwood Road, NE. 

Defense attorney Brian McDaniel said he wants Young to review the rest of the video from the night of the shooting before he makes his final decision on the plea offer.

The prosecutor agreed to extend the plea offer again because he understands that McDaniel has been in a trial before Judge Lee,  but he doesn’t want the plea offer to be dragged out too far.  

The prosecutor also mentioned that the video is one of the most significant pieces of evidence, and it is critical for Young to review it with counsel as soon as possible. 

For all ballistics work, all evidence was outsourced with an expert on the west coast. It was sent over towards the end of October and is expected to take 3-4 months to get results. 

Shorter was found unconscious in the back seat of a car located on the 1200 block of Saratoga Avenue, NE, according to court documents. The police determined that Shorter was shot on the 1300 block of Brentwood Road, NE before a witness carried him to a car to be transported to a hospital. Shorter suffered from six gunshot wounds.

Young’s next hearing is scheduled for Jan. 11 

Homicide Defednant Requests Muslim Judge After Claiming Discrimination

A homicide defendant began a hearing on Nov. 17 by stating that he has been beaten while incarcerated. 

Marcus Barringer, 31, is charged with second-degree murder while armed in connection with the shooting of 32-year-old Rashad Davis on May 6 on the 2300 block of Nicholson Street, SE. 

 DC Superior Court Judge Okun presided over Thursday’s hearing, where Barringer said he wanted to show a piece of video evidence, but to only the judge. 

Judge Okun mentioned that he would have to show it to all parties if he wanted to present evidence. The defendant said the judge does not want to make any deals with him. 

He goes on to request a muslim judge due being discriminated against in the court hearing.  

The defendant previously requested to represent himself during a preliminary hearing in October when the defendant said he was dissatisfied with his lawyer. Judge Okun allowed Barringer to represent himself and ordered that Kevin Mosley remain as standby counsel. 

Later in the month, the defendant requested to withdraw Mosley from the case. In his place, Lisbeth Sapirstein was appointed as an attorney advisor.  

Barringer is scheduled for a mental observation hearing on Nov. 30.

Defendant’s Baby Mama Takes Stand in Murder Trial

On Nov. 17, two eyewitnesses testified about a shooting and subsequent arrest in a 2017 co-defendant murder trial. 

James Mayfield, 23, and Robert Moses, 23, are charged with first-degree murder while armed, assault with the intent to kill, conspiracy, and aggravated assault while armed as well as other charges in connection to the murder of 17-year-old Jamahri Sydnor on Aug. 10, 2017, at the intersection of Montana and Saratoga Avenues NE. Sydnor later succumbed to her injuries. This shooting also wounded three bystanders that were standing at the intersection. 

The first witness was the mother of Phillip McDaniel’s two children. McDaniel is an accomplice, who was also initially arrested and charged for Sydnor’s murder. He pleaded guilty for second-degree murder.  

The witness testified about being present for McDaniel’s arrest along with the mother of McDaniel’s other child. 

She also explained she was acquainted with the co-defendants for over 10 years. 

However, Mayfield’s defense attorney Veronice Holt, questioned the accuracy of this statement as the witness did not know either defendant for that exact amount of time. 

“Didn’t you say that you’ve known Mr. Mayfield for 10 years to convince the police that you knew him well,” asked Holt. 

Ultimately, the witness admitted to embellishing this length of time. 

Next, a witness shared his first-hand experience of the incident at the intersection of Montana and Saratoga Avenues, NE. 

The witness described hiding under a truck during the shooting. Th prosecution displayed Body Worn Camera (BWC) pictures of the scene showing where the witness hid. 

“All you saw was one shooter, correct, ” Moses’s defense attorney, Steven Kiersh, asked during the cross examination.  

The witness agreed with the statement. 

DC Superior Court Judge Maribeth Raffinan set the trial to continue on Nov. 21.  

Defense Gives Closing Arguments in Homicide Trial

Rounding out the eighth week of a triple-defendant homicide trial, the defense presented their closing statements on Nov. 17.

Derek Turner, 31, is charged with first-degree murder while armed, unlawful possession of a firearm with a criminal record, possession of a firearm during a crime of violence and conspiracy and Ronnika Jennings, 44, is charged with conspiracy and obstruction of justice in connection to the shooting of 28-year-old Andrew McPhatter on March 5, 2017, on the 3500 block of Wheeler Road, SE. 

Additionally, the third defendant, 33-year-old Duan Hill, is also charged with conspiracy and obstruction.

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. 

Turner’s defense attorney, Michael Madden, opened the day with his closing statement. 

According to Madden, the young men of the Wheeler Park and Trenton Park  neighborhoods, both located in Southeast DC, were involved in constant violent conflicts. These conflicts included several other instances of fatal and non-fatal shootings, including the shooting of Turner himself and the murder of his closest friend and alleged accomplice, Antwan Jones, who is also Jennings’s cousin.

To highlight this point, Madden re-presented a music video displaying a group of young men he said were “celebrating violence Lord of the Flies style,” and singing along to a song, with the words “in the parking lot,” while holding hand guns. 

Madden then contrasted this video with a separate clip of Turner and a friend singing along to the same song in a mocking manner. He said these did little to connect Turner to the shootings in question because the insults in these videos could apply to any group, neighborhood, or person equally. 

Besides the flimsy connection to neighborhood rivalry shown in the music videos, the prosecution’s case lacks direct evidence connecting Turner to the crimes, Madden argued. There were no fingerprints, DNA evidence, or surveillance footage placing him at the crime scene and his GPS ankle monitor, a requirement of his probation for a separate crime, placed him at home during the time of the shooting.

Finally, he said it was a “leap of logic” that both Turner and Jennings were involved. While Jennings would run names through the Metropolitan Police Department (MPD) database, where she worked, sometimes legally and sometimes illegally, Turner’s name could have been requested by an outside source and not an act of her own desire.

Jennings’s defense attorney, Russell Hairston objected to this statement, and filed a motion of severance since he found it to be harmful to his client. A motion of severance would allow Jennings a separate trial from Turner.

DC Superior Court Judge Marisa Demeo denied his motion.

In his own closing, Hairston pointed out the prosecution’s tendency to tell the jury to use the word “inference,” which is not consistent with proving beyond reasonable doubt.

He also pointed out that Jennings did not print, take a photo, or handout any of the results of the unauthorized searches she performed in the MPD database. She also willingly submitted to polygraph testing and the search and seizure of her personal cell phone when requested by the homicide detectives.

According to Hairston, Jennings was more than cooperative since she wanted to keep her job. 

The prosecution began their rebuttal after Hill’s defense attorney provided his own closing.

The prosecution outlined six different shootings that had occurred between Trenton Park and Whaler Place. He then displayed an image from Turner’s phone for the jury to see. In the photo, Turner is on FaceTime with a friend who is showing him a picture of a man who was in the hospital and was recovering from a gunshot wound. What other reason than to have this photo in his phone then as a “trophy photo,” the prosecution stated to the jury.

The trial is set to continue on Nov. 21 with the prosecution finishing their closing arguments and Judge Demeo preparing the jury for deliberation.

Document: Arrest Made in a Non-Fatal Shooting

Metropolitan Police Department made an arrest in a non-fatal shooting offense that occurred on Oct. 9, on the 2600 block of Birney Place, SE.

According to a press release, at about 12:55 pm, officers located a juvenile male suffering from a gunshot wound.

On Nov. 18, a 15-year-old juvenile male was arrested and charged with assault with a dangerous weapon.

Document: 18-Year-Old Killed in Northeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Nov. 19, on the 1200 block of First Street, NE.

According to a press release, at about 9:50 pm, officers located Akira Wilson inside of a hotel room suffering from an apparent gunshot wound. She was pronounced dead at the scene.

Judge Schedules Preliminary Hearing in Child Sex Abuse Case

DC Superior Court Judge Rainey Brandt granted on Nov. 18 a continuance for a pending preliminary hearing.

A 30-year-old defendant is charged with first-degree child sex abuse of his 9-year-old stepdaughter. The incident first occurred in February 2022 at the Mckinley apartments, located on the 4900 block of North Capitol Street NE.

During Friday’s hearing, both parties came ready to decide upon a preliminary hearing.

The prosecutor offered a plea agreement on four counts of first-degree child sex abuse, but the defendant hasn’t decided whether he will accept or deny it.  

The prosecutor said he will not seek an indictment.

The plea was placed on the record and will remain open for two weeks.

According to the victim, the incidents first started on Valentine’s day 2022 until April 2022. Each incident occurred when the mother was not home or when the victim did not have school. 

The defendant would touch the victim’s chest, vagina, and butt with both his hands and his genitals, she said. 

He would force the victim to perform oral sex. He would also force the victim to touch his genitals to perform a handjob. And in return, he would give the victim money, according to court documents.

The defendant was arrested in May 2022.

The preliminary hearing is scheduled for Dec. 9.

Judge Extends Condolences to Homicide Victim and Defendant’s Families During Sentencing 

During a Nov. 18 proceeding, DC Superior Court Judge Rainey Brandt sentenced a murder defendant who allegedly suffers from a long-time PCP addiction. 

Brian Foster, 40, was convicted of second-degree murder after accepting a plea deal on Aug. 31, 2022, in connection to the shooting of 45-year-old Anthony Mitchell on Aug. 18, 2021, on the 3700 block of First Street SE.

At the hearing, both Foster’s defense attorney, Nikki Lotze, and the prosecution agreed to a sentence of 14 years in prison with 5 years of supervised release in addition to drug treatment following his release and a stay-away order from the victim’s family. He must also register as a gun offender.

The prosecution cited Foster’s “low-level” criminal record, contending “these encounters with the law failed to deter him from his path.” 

The Court Services and Offender Supervision Agency (CSOSA), gave Foster a low score for his criminal behavior, which can be attributed to his “extensive drug and gun history.”

According to court documents, witnesses reported that Foster was allegedly smoking marijuana and PCP before perpetrating the shooting. They asserted that he exited the vehicle the men were smoking in and fired shots at Mitchell in his vehicle.

Mitchell reportedly sold liquid PCP and frequented the 3700 block of First Street, SE. That afternoon, the victim traveled there to purchase marijuana from one of the witnesses. He had also, just recently, become a grandfather.

Upon receiving his sentence, the prosecution read a victim impact statement from Mitchell’s mother in which she referred to Foster as “the lowest of them all,” stating, “I hope you will suffer the rest of your life.” 

After the statement, Judge Brandt encouraged Foster to offer his sentiments regarding the incident. 

Foster accepted responsibility for his actions, citing his drug addiction as the reason for his actions.

“This is just the weirdest thing ever,” he said.

When asked to elaborate on this comment by Judge Brandt, the defendant replied, “I don’t know. It was just a bad, bad day.”

Judge Brandt commented on the dangers of PCP use, stating, “you just do things you normally wouldn’t do.”

She lamented the loss of Mitchell and expressed condolences for both the defendant and the victim’s families.

“I hope you find whatever you’re searching for,” Judge Brandt told Foster. 

Defendant Rejects Plea Offer in Homicide Case

During a Nov. 18 hearing, the defendant rejected a plea offer given by the prosecution.

John McRae, 45, is charged with first-degree murder while armed in connection to the shooting of 22-year-old Marty McMillan on March 23, 2017, on the 1900 block of 13th Street, SE. He is also charged with unlawful possession of a firearm and possession of a firearm during a crime of violence. 

If McRae had pleaded guilty to one count of second-degree murder while armed, the sentence would have resulted in a range from 18 to 21 years of incarceration in prison and would be served concurrently to the sentence he is currently serving from a 2017 case. 

The prosecution would have also reserved the right to request stepback pending sentencing, will withdraw any enhancement papers filed in this matter and reserve allocution and dismiss the remaining and greater charges contained in the indictment. 

 McMillan, and the woman McRae was in a relationship with, were having sex at his apartment. According to court documents, McRae walked in the apartment almost directly after the two finished having sex. Court documents also state that McMillan and the woman met on Plenty of Fish (pof.com), a dating website.

McRae  then allegedly shot McMillan four times in the closet and then wrapped his body in a blanket and disposed of the body. It was not found for 6 months.

The trial is scheduled to begin on Jan. 30 2023. 

The prosecution expects 40-50 witnesses with seven to eight of them being experts. 

The defense expects five to 10 witnesses with one of them being an expert. 

The trial is anticipated to last about 3 weeks.

The next hearing is scheduled for Jan. 6, 2023