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.

Judge Finds Probable Cause in Murder Case

During a preliminary hearing on Feb. 15, evidence and testimony were presented to find if there is substantial evidence to bring about a homicide trial.

Thirty-one-year-old Julian Ruffin is charged with second-degree murder while armed for allegedly stabbing Alphonso Lee, 38, during an incident on Oct. 7, 2022, on the 1500 block of Butler Street, SE.

DC Superior Court Judge Maribeth Raffinan said that probable cause was found that the defendant could have committed the murder.

A Metropolitan Police Department (MPD) detective who responded to the scene, interviewed witnesses, and spoke to the defendant testified during the Wednesday hearing.

The deective summarized the narrative the defendant told him during his interrogation, all of which were statements consistent with video footage presented in court.

The detective said that Ruffin said that Lee had been sitting on the trunk of his car in the apartment complex parking lot, when he asked him to get off.

Lee refused and the two “had words in the parking lot and agreed this could be settled with a fist fight,” the detective said.

Ruffin then said the Lee punched him in the face and he blacked out. According to the detective, these statements were consistent with the cuts on Ruffin’s face as seen in photos that were shown in court.

During cross-examination, attorney for the defense, Kevin Irving, asked the detective questions regarding the defendant’s testimony during the interrogation.

The detective admitted that what the defendant told him was consistent with the video footage. He also said the defendant was compliant and assisted the police.

The case is currently being held for a Grand Jury.

Another hearing was set for Feb. 16 to discuss whether Ruffin can be placed into the high intensity supervision program (HISP) until the case moves forward.

Appointment of New Counsel Could Push Trial Date to Next Year

During a status hearing on Feb. 15, DC Superior Court Judge Anthony Epstein said he would appoint new counsel for a defendant in murder case, which could get moved to 2024.

D’Aundrey Scott, 28, is charged with first-degree murder, assault with intent to kill, and two counts of arson for allegedly murdering Darryl Finney, 62, and causing three other fires on May 13, 2020, on the 900 block of H Street, NE; on the 1300 block of H Street, NE; on the 1400 block of Morse Street, NE; and the 1300 block of I Street, NE.

Scott allegedly threw a flammable object onto two men including Finney, setting a porch on fire, and also setting a motor vehicle on fire.

He was identified by two witnesses after seeing surveillance footage that was played on a media outlet.

According to court documents, once arrested, Scott said he had Schizophrenia and was possessed by demons.

During Wednesday’s status hearing, Judge Epstein was informed that Scott’s current defense counsel, Roderick Thompson, would be withdrawn from the case due to a conflict of interest with another client. The conflict involved Scott alleging another client with the Public Defender Service (PDS) committed his crimes.

Megan Allburn, an independent attorney who is also counsel on the case, said she would not be able to take over the case due to a large caseload of her own.

Judge Epstein said he would appoint a new attorney for Scott and set a hearing in a couple of weeks to determine if the parties are still prepared for trial on Aug. 14.

The parties are scheduled to return March 17 for a status hearing.

Judge Finds Probable Cause for Double Homicide Case

After a two-day preliminary hearing, a judge found probable cause that the defendant could have committed a double homicide.

Amarii Fontanelle, 19, is charged with first-degree murder while armed for allegedly shooting 19-year-old Reginald Lamont Cooper, Jr. and 19-year-old Davonte Berkley on Oct. 17, 2022 on the 1300 block of Congress Street, SE. He is also accused of shooting a third victim, who ultimately survived.

Judge Raffinan found probable cause. but she said she was unable to identify a strong probability because of the contradictions in one witness’ testimony, the ambiguity around the number of persons at the time of the shooting, and potential events that might have taken place inside the apartment complex.

During the hearing, that began on Feb. 13, Defense attorney Kevin Mosley asked for his client to be released under the High-Intensity Supervision Program (HISP).

He said the defendant had a traumatic past, citing a traumatic occurrence that happened when Fontanelle was 12 years old. According to Mosley, a 17 year old was involved in an argument with the defendant, who was 12-years-old at the time, and burst into the defendant’s home, shot and killed the defendant’s mother and shot Fontanelle.

He survived the incident but had to receive significant counseling between the ages of 12 and 14.

Judge Raffinan agreed to Fontanelle’s release on home confinement.

The lead detective on the case said the defendant was seen on surveillance footage parking a light colored vehicle and walking into an apartment complex with a witness.

The defendant was allegedly wearing a light colored jacket, light colored jeans, and light colored sneakers. The witness was seen wearing a black sweatshirt, pink sweatpants, and black slides.

Approximately 35 minutes after the suspect arrived, the victims were seen driving into the parking lot outside of the apartment complex, parking a light colored vehicle and then walking into the apartment complex.

The suspect is seen standing at the main entrance of the double doors. Cooper is seen exiting his vehicle and meeting Fontanelle. The two greeted each other with a handshake and were standing at the entrance door.

The suspect then led the two men into the entrance door. The men were inside for almost three minutes before the shooting.

According to the lead detective, shots were seen coming from the suspect in the direction of the two men.

During cross-examination, Mosley questioned the clarity of the image of everyone in the apartment complex at the time of the shooting.

He also stated that no one identified Fontanelle as the shooter.

Mosley also inquired about two eye witnesses who called police and administered medical help to the victims.

One of the witnesses was a young man who was seen walking up to his third floor apartment and returned back to the landing where the two victims were shot a short while after.

Mosley asked if the man was ever questioned about why he went up to his apartment and if he took anything from the scene.

“No,” the detective replied.

Parties are set to reconvene on March 17.

Judge Delivers On Promise by Ruling on Pending Motions

In a Feb. 14 hearing, DC Superior Court Judge Rainey Brandt ruled again to withhold witness testimony in a double homicide case as it prepares for trial next week.

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.

During the prior hearing on Feb. 13, Judge Brandt told Walker the process was almost over and that he would have his day in court. Most of the rulings in this hearing were for prior motions.

The rulings resulted in the withholding of further witness testimony, including testimony about an incident that allegedly occurred that same day as the shooting that Walker was not being charged with.

Judge Brandt struck the information, ruling it could hinder the jury’s ability to be unbiased.

Defense attorneys Prescott Loveland and Kevann Gardner said they plan on calling one more witness in the next hearing to finish all motions.

All parties are scheduled to reconvene for one more pre-trial hearing on Feb. 16 before Walker’s trial officially commences on Feb. 21, five years after his initial arrest.

Jury Selection Continues A Week After it Began

The jury selection for six co-defendants charged with allegedly shooting a 10-year-old girl is still going on.

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 in connection to the fatal drive-by shooting that killed 10-year-old Makiyah Wilson on July 16, 2018, on the 300 block of 53rd Street, NE.

During the jury selection, which has been ongoing for over a week, more than 60 potential jurors were interviewed by the parties and DC Superior Court Judge Robert Okun.

Jury selection is scheduled to continue on Feb. 15 with opening statements of the trial expected to begin later in the week.

Judge Vacates Trial Date Due to Co-Defendant Requesting New Counsel

DC Superior Court Judge Robert Okun vacated a trial scheduled on March 21 due to one of three co-defendants requesting new counsel.

Raymond Avent, 23, Tyler Stringfield, 24, and Keith Baham, 23, are being held for allegedly murdering Rafiq Hawkins, 23, on March 23, 2019, on the 1200 block of Brentwood Road, NE.

Avent, Baham, and Stringfield are charged with first-degree murder while armed, conspiracy, possession of a firearm during a crime of violence, two counts of carrying a pistol without a license outside a home or business, two counts of possession of a large capacity ammunition feeding device, two counts of possession of an unregistered firearm, two counts of unlawful possession of ammunition, unlawful entry of a motor vehicle, unauthorized use of a vehicle, fleeing a law enforcement officer, destruction of property less than $1000, two counts of destruction of property $1000 or more, and leaving after colliding with property damage or injury to an animal while armed.

Baham is also charged with two counts of unlawful possession of a firearm due to a prior conviction.

During the Feb. 14 status hearing, defense attorney Anne-Marie Moore motioned to withdraw as counsel. Moore said she was unable to maintain a respectful relationship with Baham.

Judge Okun granted the defense’s request to withdraw under the condition that the defense waits until a new counsel is appointed for her to resign.

In an effort to obtain new counsel for Baham, Judge Okun requested that the prosecution provide him with a list of attorneys that would prove themselves to have a conflict of interest.

The most notable of these attorneys worked previously for Dante Hicks, the fourth codefendant in this case.

Hicks was killed on Nov. 25, 2019, before he could stand trial.

Judge Okun also said he was under the impression that a plea deal would be reviewed today to determine whether the defendants accepted or rejected it.

Defense attorney Russell Hairston, who also represented Bahamas, said his client just got word of his plea deal. Hairston requested more time for Baham to look over and consider the proposed deal. During the hearing, no specific terms of the deal were discussed.

There was no contest from the prosecution, and all three plea deals have been extended until the next status hearing.

A status hearing was scheduled for March 20.

Judge Delivers Not Guilty Verdict in Domestic Sex Abuse Case

During a Feb. 13 non jury trial, DC Superior Court Judge Jennifer M. Anderson found the defendant not guilty on all charges.

In 2019 Jeffrey Owens was charged with first-degree sexual abuse and simple assault. The complainant in the case reported that the defendant assaulted her on Aug. 13, 2018, after an argument regarding his infidelity.

During the trial on Feb. 13, both legal parties presented their closing arguments to the court.

The prosecution began by detailing the history of the romantic relationship between the complainant and the defendant. She said that the relationship between the two was “far from perfect” and they’d broken up many times. She added, however, that day was different because the complaint was ready to end the relationship.

The prosecution said Owens was used to the complainant being upset, but now that she was ready to leave him, he didn’t have the same hold on her that he had in the past. She said that this difference in behavior is what led to the assault.

Defense Attorney Jacqueline Cadman agreed with the prosecution that this time was different, but she said this time was different not because the complainant was happy to leave the Owens, but rather because she would frame him for a crime he didn’t commit.

Cadman said that for the court to reject the inconsistencies and lack of evidence in the complainant’s testimony would deny her client a fair trial.

She said the prosecution has not given its case beyond a reasonable doubt,concluding that, based on the record of the court, the prosecution has not met that burden.

After listening to the closing arguments of both parties, Judge Anderson ruled in favor of the defense and agreed that the lack of evidence against the defendant and variation in testimonies from the complainant does not suffice beyond a reasonable doubt.

Upon hearing the verdict, the courtroom filled with Owens’ friends and family erupted in applause.

The defendant himself was silent except for a brief acknowledgment to Judge Anderson, thanking her for her discretion.

He hugged Cadman and embraced his family members before leaving the courthouse for the final time in this case.

Judge Rules to Exclude Witness Testimony in Lieu of Missing Evidence

DC Superior Court Judge Rainey Brandt ruled to exclude two witnesses’ testimonies in regards to missing evidence during a Feb. 13 hearing for a double homicide case.

Defense counsel Prescott Loveland and Kevann Gardner previously filed a motion to dismiss based on missing notes and body-worn camera footage from officers the night of the incident.

Judge Brandt instead ruled to exclude the witnesses captured on the missing footage.

In addition, the lead Metropolitan Police Department (MPD) detective on this case was questioned on another motion filed by the defense concerning interviews the MPD had with Walker. The defense aimed to examine the level of suggestivity and self-incrimination that occurred during the interviews.

A final motion was heard regarding the photo identification of Walker by a witness and whether or not the circumstances surrounding the identification were suggestive.

Judge Brandt gave both parties in this matter multiple warnings in regards to the personal nature of arguments and unnecessary questioning.

She ended the hearing by addressing Walker directly, assuring him that the process is almost over. “You will get rulings from me tomorrow on all of these motions,” she stated before promptly exiting the courtroom.

The next hearing is scheduled for Feb. 14

Incomplete Mental Evaluation leads to New Status Hearing

On Feb. 13, DC Superior Court Judge Robert Okun scheduled a new status hearing as defense attorney Jonathan Armstrong requested to complete a defendant’s mental evaluation.

Th 32-year-old defendant is charged with assault with Intent to commit first-degree sexual abuse. The incident took place on Nov.11, 2022, on a paved walking trail on the 1100 block of Good Hope, SE.

Court documents state that the complainant was running and noticed the defendant was following her. She said she called a friend of hers in hopes of deterring the defendant from following her.

However, as he was following her he allegedly grabbed her and she fell to the ground.

The complainant started screaming, according to the documents, when the defendant allegedly attempted to pin her to the ground and pull her shorts down as she continued to scream.

The defendant was arrested two days following the incident. Officers from the Metropolitan Police Department (MPD) arrested the defendant for offenses that occurred on the 3000 block of K St, NW where another victim was followed into her building and another struggle ensued.

The defendant allegedly pulled down the victim’s underwear during this incident, and the victim said that during the incident the defendant allegedly exposed his genitals.

The next hearing was scheduled for March 3.

Lost Evidence Causes Problems in Murder Case

DC Superior Court Judge Anthony Epstein elected to continue a motions hearing on Feb. 13 due to questions he had that could help him make a decision on the defendant’s release.

Kavon Young, 32, is charged with first-degree murder while armed for allegedly shooting John Pernell, 66, on July 3, 2010, on the 3000 block of Nelson Place, SE.

The prosecutor and defense both stated they had no plans to call any witnesses during the hearing, but that the defense did have a motion to dismiss the case due to a failure of the prosecution to preserve evidence.

According to both the prosecutor and defense, DNA extracts from fingernail clippings in 2011 were never returned to the Metropolitan Police Department (MPD), according to chain of custody forms.

The prosecution requested in November 2021 to retest the DNA extracts and other evidence, but the extracts were never submitted.

The prosecutor said he had been searching for the extracts since July of 2022.

The defense requested specifics on what was done to recover them, arguing that they have the right to test those extracts independently, and now that they can no longer do so. It was a discovery violation against the prosecution for not preserving evidence, the defense said.

Judge Epstein asked the prosecutor what specific evidence they have against Young.

The prosecutor said that he would have DNA evidence and witnesses at trial, however the witnesses would only provide a general description of the suspect and could not identify Young as the offender.

Judge Epstein stated that he could not find any precedent to a case dismissal but requested expert testimony to corroborate how influential the retesting of evidence would have been.

The defense also requested Young’s release due to being incarcerated for three years, lack of evidence by the prosecution, and because Young has been in a rehabilitation program for two years.

Judge Epstein requested that the defense make sure Young can pass the High Intensity Supervision Program (HISP) qualifications with the Pretrial Services Agency, which would determine if he is qualified for release.

The defense should also provide Judge Epstein with more information regarding the defendant’s rehabilitation process.

Young has two prior offenses for gun possession in 2011 and 2016 but did not have any prior criminal history that would deem him violent.

The parties are scheduled to return for a status hearing on March 10.

Judge Grants Defense’s Request to Reschedule Hearing in Murder Case

DC Superior Court Judge Anthoyn Epstein rescheduled a preliminary hearing on Feb. 13 to a later date.

Jason Lewis, 41, is charged with second-degree murder while armed for allegedly shooting Karon Blake, 13, on Jan. 7, on the 1000 block of Quincy Street, NE.

According to court documents, Lewis said he heard noises coming from outside his home, so he proceeded downstairs. He continued to say that he saw someone appear to be breaking into a car on the street.

Lewis said he yelled at the individual who proceeded to run towards him. Lewis said he then fired his weapon once the individual got to his front gate. Court documents state that a medical examiner ruled the cause of death as multiple gunshot wounds to the body.

Officers who arrived on the scene said they saw Lewis giving chest compressions to the victim and that Lewis was cooperative, stating that he fired his weapon and told them where it could be found.

Lewis was registered in the District of Columbia to possess a firearm.

Court documents state that during an interview with an officer, Lewis said he was unsure why Blake decided to run at him and had no intention of harming the teen.

Cameras show the victim running infant of Lewis’s property, but there is no camera footage that shows Blake running directly towards Lewis, according to court documents.

The parties are scheduled to return for a preliminary hearing on March 9.

Judge Modifies Homicide Defendant’s Release Conditions

During a Feb. 10 status hearing, DC Superior Court Judge Anthony Epstein modified a homicide defendant’s release conditions.

Naquel Henderson, 25, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and conspiracy to commit a crime of violence in connection to allegedly shooting 21-year-old Michael Taylor on Jan. 12, 2019, on the 1700 block of Benning Road, NE.

During the status hearing, defense attorney Julie Swaney said Henderson found employment as a FedEx driver.

Henderson has been fully compliant with his release conditions in home confinement as stated by a Pretrial Services Agency representative.

The representative asked Judge Epstein to place Henderson in the High Intensity Supervision Program (HISP) with a curfew from 10 a.m. -6 p.m.

Judge Epstein approved the representative’s request and dropped Henderson’s home confinement release condition to HISP with GPS monitoring.

“If you mess up you can expect me to revoke your pretrial release and you will do time in DC Jail” Judge Epstein said.

The next status hearing is scheduled for March 10.

Family Gives Emotional Victim Impact Statements Before Sentencing In Homicide Case

On Feb. 10, DC Superior Court Judge Milton Lee sentenced a defendant to 23 years in prison for second-degree murder while armed after the family of the victim gave multiple victim impact statements.

Herbert Smallwood was initially charged with first-degree murder while armed for stabbing 46-year-old Joseph Ogundoju to death after a car chase on June 30, 2021, on the 1600 block of 17th Place, SE. Smallwood, 42, chased Ogunjodu in a stolen gold Hyundai Veracruz until the white Honda Fusion Ogunjodu was in flipped. After the crash, Smallwood approached the vehicle and proceeded to stab Ogunjodu 33 times.

Smallwood eventually pleaded down to second-degree murder while armed in a hearing on April 4, 2022.

“This case and this situation has broken my children in a way that cannot be fixed,” Ogundoju’s wife said during her victim impact statement. She explained how she has taken up multiple jobs and works 17 hours a day. Her eldest son had to drop out of college to make up for the loss of her husband, she continued.

The victim’s wife also expressed frustration with the defendant’s criminal record. In DC, Smallwood has been convicted of two drug charges, unlawful possession of a firearm, and escape from an institution.

“How many people does this man have to kill,” she asked,. “for the justice system to put him away.”

The victim’s sister simply asked the defendant, “why?” She then concluded her statement by addressing the defendant directly, “you deserve to get what you get.”

The victim’s nephew brought attention to the fact that the defendant stabbed his uncle a total of 33 times.

Defense attorney Anthony Matthews requested a downward departure from the sentencing guidelines for second-degree murder as he believed that Smallwood still showed signs of rehabilitation.

Although Matthews agreed that “young black kids [without fathers] will have a more difficult road ahead of them,” he pointed out that taking Smallwood away from his children would only perpetuate existing societal issues.

Mathews argued that the defendant’s addiction to PCP, a hallucinogenic drug, played a major part in this case.

“There is a wide gulf between the human being and the human being on PCP,” he said.

Matthews requested that Judge Lee consider Smallwood’s addiction and other mental illness issues before delivering the sentence.

The defense concluded by requesting the Judge Lee sentence Smallwood to 10 years in prision with 5 year supervised release, a downward departure from the mandated sentence range of 14-26 years.

The prosecution in turn requested that Judge Lee not consider Smallwood’s addiction in delivering the sentence as voluntary use of drugs and alcohol do not count in the guidelines for departing from the sentence range. The prosecutor also noted the defendant’s criminal record and argued that Smallwood’s lack of rehabilitation indicated a future of further crime.

The prosecution requested that Judge Lee sentence Smallwood to 26 years, the top of the guidelines.

Smallwood then delivered a brief statement in which he expressed regret for his actions and extended his apologies to the family of the victim. “I hope the courts can find it in their hearts to forgive me,” he said.

“The one thing that these cases bring across the board is sadness. Hurt,” Judge Lee said, extending his condolences to the victim’s family.

Judge Lee also rejected the defense’s claim that the system has failed Smallwood as he had been offered a chance at rehabilitation and treatment multiple times throughout his criminal record.

Judge Lee said he could see no reason to believe that the defendant would change based on his criminal record, so he sentenced Smallwood to 275 months in prison, just under 23 years.

In addition, Smallwood is required to undergo mental health treatment and will also serve five years on supervised release.

Murder Defendant Pleads Guilty to Second-Degree Murder Charges

A murder defendant accepted a plea agreement during her status hearing Feb. 13 for second-degree murder while armed. She was sentenced to 18 years in prison.

Nijinsky Dix, 39, was originally charged with first-degree murder while armed for shooting Terry Hickman on Nov. 14, 2020, on the 1000 block of 4th Street, NW.

Three members of the victim’s family were going to testify at the status hearing. However, after DC Superior Court Judge Marisa Demeo informed the family that they would also have the opportunity to give victim impact statements at the hearing, only the daughter of the victim wished to speak.

The daughter of the victim expressed the family’s disappointment with the plea agreement’s sentence because “18 years is not enough.”

However, she noted that the family accepted the plea as to avoid the further turmoil relating to their loss that would result from a trial. She concluded her statement by requesting that Judge Demeo consider the nature of the case.

According to court documents, police arrived at the scene after 911 calls stating there were gunshots at an apartment building. The defendant refused to open the door to police, leaving them to use a master key to access the apartment. Upon entering the apartment, MPD found Hickman lying face down after being shot five times. The defendant was at the scene holding a firearm in her hand.

By taking the plea agreement, Dix waived her right to a trial and DNA testing, avoiding the 30-year maximum sentence that could have been imposed if found guilty. During the hearing, Dix’s defense attorney Brandi Harden said Dix accepted the guilty charge as the defendant acted in conscious disregard when shooting 44-year-old Hickman.

Judge Demeo accepted the plea deal. However, she noted that the sentence outlined in the deal was not binding and was subject to change at the judge’s discretion during the sentencing hearing.

While scheduling the sentencing hearing, the defense requested that the original trial date in late October be converted to the sentencing. However, Judge Demeo denied this request as it was simply too far in the future.

The sentencing hearing is slated for June 9.

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