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Homicide Defense Attorney Expresses Her Concerns With Evidence Hidden by Prosecutors

Defense attorney Madelyn Harvey said she was “extremely concerned” for her client and for his upcoming trial during a Nov. 18 hearing because evidence that was known to the prosecutor was being withheld and couldn’t be cross-examined. 

Ernest Cleveland, 29, is charged with second-degree murder while armed and assault with a dangerous weapon for allegedly shooting 39-year-old Edward Pearson on Nov. 26, 2020. ​​The victim was found at his apartment on the 2900 block of Connecticut Avenue, NW on Nov. 26, 2020.

Harvey argued that the case revolved around one person, identified as a subject to the crime in court documents, who could be seen in video footage from the building where the shooting occurred. 

She said the prosecution did not share crucial information regarding the person prior to the preliminary hearing, she said. 

Harvey previously filed a motion to reopen the preliminary hearing and have the person’s phone sent to experts for further investigation. 

Harvey said the person’s prior arrest history indicates that he was arrested back in April from a search warrant that was issued. The male was also found with a gun that looked like the murder weapon with ammunition and a live cartridge casing in the chamber of the gun.

Harvey also mentioned she was unaware of the person being wanted by a member of the Metropolitan Police Department (MPD) and that he was a possible suspect in this murder case. 

After reviewing transcripts from Cleveland’s Grand Jury hearing, she indicated that there are far too many discrepancies and fill-in-the-blanks that the prosecutor knows of and failed to send over.

Harvey informed Judge Okun that the person from the court documents had an ongoing issue with the victim in which he flashed a gun at the victim and threatened to shoot him before. 

“All of this is Brady! It was all hidden from me, and I’ve been trying to fill in the gaps and understand who is who. They are hiding a key person in this case who is a possible suspect and not disclosing unredacted documents with me,” Harvey said.  

Harvey also pointed out that the person lied about having a friendship with Cleveland. The fiancee of the person was also threatened by that person.

However, the prosecutor said documents were sent over to Harvey regarding the case, but some of the material she is expecting reveals what was said in the Grand Jury indictment. 

“I don’t understand the purpose of filing a protective order if the prosecutor assumes I’m going to flaunt it,” Harvey said. “I had no notice for ballistic testing, so now I’m waiting for my cross-examination. I just don’t want any more problems.”

DC Superior Court Judge Robert Okun ceased the argument between Harvey and the prosecutor and ordered all hidden and unredacted information to be turned over to Harvey.

A trial readiness hearing is scheduled for Feb. 10.

Judge Suspends Jail Time for Defendant Sentenced for Involuntarily Shooting Her Best Friend’s 17-Year-Old Brother

During a Nov. 18 hearing, DC Superior Court Judge Robert Okun suspended jail time for a defendant convicted of involuntary manslaughter of her best friend’s 17-year-old brother.

Shatiya Johnson, 27, pleaded guilty to involuntary manslaughter on Aug. 18 for the accidental shooting of Kyle Richards on Jan. 27, 2022, on the 4400 block of E Street, SW.

Johnson, who is also known by her nickname Liberty, was offered a plea deal for involuntary manslaughter on Aug. 18, 2022. The condition of the plea was mandatory confinement of 48 months at the DC Jail, 150 community hours to be completed during the sentence term, five years of supervised probation, and registering as a gun offender within two days after her release. 

According to court documents, Johnson and Richardson were inside Johnson’s apartment viewing a Taurus 9-millimeter handgun that was registered in Maryland by Johnson before Richardson was accidentally shot. 

The firearm was never loaded or used by Johnson according to her testimony. She said she was unaware there was a bullet in the chamber when it was fired because the magazine cartridge was never inserted inside the weapon. 

Johnson was very compliant with the Metropolitan Police Department (MPD) as they ruled it to be a negligent action when handling a firearm.  

“It is a shame that I have to stand here today to give this statement for Kyle because if he was here today he would have forgiven Liberty and said it was an accident,” the victim’s mother said during her victim impact statement.  

“Liberty was and is part of our family, and I know she never meant for this to happen,” she continued. “I adopted five kids. Kyle was two and a half years old when I got him. A week later I adopted his biological sister when she was five and a half years old.”

The mother gave a testimony on behalf of herself, her daughter and her brother.

“We use to joke about kyle being my biological child because he was so much like me,” she said. “We are all grieving including liberty because she loved him like he was her own brother.”

Johnson, even though accepting responsibility for her actions said, “I never meant for all of this to happen. I only wanted him to grow up and live life. I wish I could go back in time and undo this accident.”

“This is a tragic accident, and I can see this has affected everyone,” Judge Okun said. “Johnson, I want you to find a way to forgive yourself somehow and move forward. I have no doubt in my mind you won’t help others learn about how deadly a firearm can be to anyone.”

Judge Okun suspended Johnson’s 48-month prison sentence, instead and sentenced her to 5 years of supervised probation and mental health treatment. Johnson is also required to finish 150 hours of community service.

Defense Attorneys Challenge Murder Defendant’s Positive Drug Test

Defense attorneys Jason D. Tulley and Caitlin Hatakeyama revealed Nov. 18 that a murder defendant, who has suffered a history of fentanyl addiction, tested positive for the drug after 90 days of inpatient treatment. 

Stephon Williams, 34, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol outside a home or business for allegedly shooting his 49-year-old father Stephen Magruder on Sept. 11, 2020, on the 700 block of 51st Street, NE during a dispute.

In the Friday hearing, the defense disputed the result of the drug test, suggesting that the positive result could have come from test samples being switched or lingering fentanyl within the defendant’s system. 

The defense has begun investigation into the underlying data and full report of the DNA test. The defense plans to have a forensic chemist evaluate the results. 

DC Superior Court Judge Milton C. Lee ordered a spot test that same day for the defendant to see whether the fentanyl found in his system is from new use or is residual. 

On Sept. 11, 2020, Metropolitan police officers responded to reports of a shooting within an apartment complex, according to court documents. Upon arrival, officers found the victim lying unconscious on the living room floor suffering from a gunshot wound to the chest. The victim was pronounced dead at the scene. 

The next hearing is scheduled for Dec. 20. 

Read more about this case, here. 

Judge Finalizes Release Conditions for Defendant Implicated in Co-defendant Murder 

During a Nov. 18 status hearing, DC Superior Court Judge Rainey Brandt finalized release conditions for a man who was arrested last month for his alleged involvement in a co-defendant murder case. 

Steven Washington, 23, is charged with first-degree murder while armed, attempt to commit robbery while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license in connection to the shooting of 30-year-old Nurudeen Thomas on the 1400 block of 14th Street, NW on July 21, 2020.

The two other co-defendants charged in Thomas’s murder are 24-year-old Dijon Williams, and 23-year-old Daivion Williams.

According to court documents, Washington was apprehended in Georgia and extradited to DC on Oct. 21, where he was arraigned by DC Superior Court Judge Marisa Demeo.

At the proceeding, Judge Brandt elaborated on the terms of Washington’s release, ordering 24-hour home confinement and the installation of a GPS ankle monitor to ensure the defendant abides by these conditions.

Regarding these stipulations, Washington’s defense attorney, Quo Mieko Judkins, inquired about the possibility of her client obtaining verifiable employment. 

The prosecution objected to this request, citing the “serious nature of his charges.” Judge Brandt concurred.

Washington will be released this evening and travel to Georgia to serve his home confinement term.

An employee from Pretrial Services Agency (PSA) confirmed the viability of this arrangement, informing the court that the defendant can attend check-ins via Zoom.

Parties are expected to return to court on Jan 10, 2023, for a status hearing.

Seven Homicides in First Half of November

There have been nine non-fatal shootings and seven homicides so far this month.

Graphic by Mark Lu

Three Homicide Defendants Sentenced So Far This Year

Three people who were detained in 2022 received sentences in the same year.

As of Nov. 15, D.C. Witness shows 313 murder suspects, charged with first- or second-degree murder, were sentenced since January 2015.

Graphic by Mark Lu

Document: Arrest Made in a Non-Fatal Shooting

Metropolitan Police Department detectives made an arrest in connection to a non-fatal shooting that occurred on Oct. 20, on the 500 block of 51st Street, NE.

According to a press release, at about 6:42 pm, officers located a juvenile male suffering from apparent gunshot wounds.

On Nov. 16, 24-year-old Terrance Robinson and a 16-year-old juvenile were arrested and charged with assault with a dangerous weapon (gun). Two handguns were recovered at the time of their arrest.

Homicide Co-Defendant Says He lied Under Oath 

During a Nov. 16 hearing, one of three men convicted for the murder of a 17-year-old girl took the stand to testify that he previously lied under a God-given oath because he didn’t know God then.

James Mayfield, 23, and Robert Moses, 23, are charged with 13 and 25 counts respectively, including first-degree murder, drive-by or random shooting, assault with a dangerous weapon, robbery while armed, and conspiracy among others in connection with the Aug. 10, 2017, shooting, at the intersection of Saratoga and Montana Avenues, NE, that killed 17-year-old Jamahri Sydnor. 

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 testimony against Moses and Mayfield. 

According to court documents, the shooting was connected to a feud between a crew from the Saratoga neighborhood and the defendants’ crew from the Langdon Park neighborhood— Sydnor was not connected with either.

The prosecutor opened court on Wednesday with transcripts that recorded a conversation between Defense Attorney Steven Kiersh and McDaniel. 

The conversation was consistent with McDaniel repeatedly indicating he played a role in the murder as the driver but denied actually committing the crime because he didn’t pull the trigger. 

Defense attorney Veronice Holt countered the prosecutor’s argument, saying the transcripts were “extremely prejudicial” because McDaniel never agreed to the prosecutor’s set of facts about him being an active shooter. He said he was the driver and Mayfield told him where to park, she said.

The prosecutor wanted DC Superior Court Judge Maribeth Raffinan to know that McDaniel signed a plea deal for second-degree murder and that just because he didn’t pull the trigger doesn’t excuse his actions in committing the murder.

Holt withdrew her argument after Judge Raffinan agreed to the set of facts from McDaniels accepting the plea he was given. 

Holt was the first to cross-examine McDaniel about his phone and the day of his initial arrest on Aug. 10, 2017.

More exhibits were displayed, including a video of McDaniel’s interview conducted on the day of his arrest. McDaniel was seen pulling the fire alarm three times and placing his hand in his private area looking for Zanacs.

“I was in a space I wasn’t use to,” McDaniels said. “I was afraid of the situation.”

McDaniel was questioned about what motivated him to be a part of the Aug. 10 shooting.

He deflected the question but, after a while, indicated that after being shot at the day before by crew members from the Saratoga neighborhood.

“I was going to do whatever it took,” he said referring to him plotting his revenge on that corner. 

Holt asked him to confirm if he was a liar, and he said he lied before but wouldn’t say he is a liar.

McDaniel was then shown a video of him talking to a detective. In the video, he said, “I was tricked into doing something I didn’t know what they were going to do. I swear on the right hand of God.”

McDaniel said he “didn’t know God back then.” He proceeded to tell the jury that he sold and did drugs, which were the cause of his actions. He made three sales before, during, and after the shooting, he said. The prosecutor began her redirect to the jury regarding McDaniel siding with them in account of his actions. 

McDaniel’s testimony allowed him to be moved from the Central Detention Facility to Correctional Treatment Facility at the DC Jail as a result of his assault for being a “snitch or rat.”

According to McDaniel’s child’s mother, the day McDaniel got arrested she called James Mayfield for money to be able to speak to McDaniel. 

Holt mentioned that she was given $55,000 to testify and give the police access to Mayfield and Moses’ Instagram accounts, which she confirmed. 

The prosecutor and the defense were asked to approach after Holt mentioned the amount of money she was given. The prosecutors confirmed it was not given to her directly but accommodated her move and living expenses.

The next witness said she heard the gunshots and saw two men running towards a gold Honda.

According to the witness, she was about to walk her dog when the shots went off, and she looked out the window to see what happened. She said she then saw two men and told the detectives where she saw them. 

“I seen the men and only knew skin tone and what was on them when I seen them running,” the witness said.

The trial is scheduled to resume on Nov. 17.

Defendant Charged in Homicide that Went Unsolved for 30-Years

During a Nov. 9 hearing, prosecutors brought a cold case homicide detective to the witness stand regarding a 1992 murder that didn’t have an arrest until 30 years later. 

Ron Wright, 47, is charged with first-degree murder while armed for the brutal murder of Ricardo Burbano on the 100 block of Q Street, NW in March of 1992. According to court documents, Burbano’s body was found on the 900 block of Chillum Road in Hyattsville, Md. 

Wright became a suspect from a witness testifying to dropping Burbano off at a specific apartment on the 100 block of Q Street, NW. That was the last time the witness said he saw Burbano before he took a nap for approximately 30 minutes to an hour before calling him. He didn’t get an answer and decided to head back home.

At the time Wright was living there with his mother and brother. 

According to the detective, a search warrant was issued for the apartment located at the 100 block of Q Street, NW where detectives located a red carpet that matched fibers found on Burbano.

The carpet was lifted in 2002 where a red brownish stain was located. The stain tested positive for Burbano’s blood. 

Witnesses came forward after the murder because they were allegedly informed by Wright that he had participated in the murder.

When questioned ten years after the homicide, Wright gave a different story that didn’t align with his previous testimonies nor the witnesses. 

Other suspects were questioned like Wrights’ mother, stepfather, friend, and brother.  Wright’s brother was excluded because he was serving a 26-year sentence in prison for another homicide. 

According to court documents, the victim’s nose and mouth were covered with blood-soaked duck tape then his head was wrapped in a brown plastic bag. He had a bootlace and a necktie around his throat. His ankles were bound with a black shoelace. Three of his teeth were missing and his fingernail was also missing but found in his pocket with one-hundred dollars and a safe deposit box key. He suffered eleven blunt forced inflictions to his skull. He had two stab wounds to his chest and back. He was wrapped in an orange blanket that was bound together by plastic cords.

The prosecutor and the detective agreed that this case went cold after never making a match to a suspect after Wright gave DNA samples to the Federal Bureau of Investigation (FBI).

The detective said he strongly believed more than one person was involved in the murder. 

DC Superior Court Judge Rober Okun said that was enough evidence to prove probable cause.

“Due to Wright not having a criminal history besides the unlawful possession of marijuana in 2004, which doesn’t measure to today’s law. I will hold him on home confinement here in DC until further notice,” Judge Okun said.

The next hearing is scheduled for Jan. 17.

Unanimous Guilty Verdict Released in Triple Homicide Trial

On Nov. 16, 2022, jurors unanimously delivered their verdict for a triple homicide that took place in 2019.

Rakeem Willis, 31, was found guilty of three counts of first-degree premeditated murder while armed and one count of fleeing a law enforcement officer.

He was initially charged with first-degree murder while armed in connection to the shootings of 26-year-old Javon Abney, 26-year-old Sean Shuler, and 24-year-old Tyrik Hagood, on the 1500 block of Fort Davis Place SE on Jan. 26, 2019.

Willis’ co-defendant, 33-year-old, Jonathan Winston, was acquitted due to a lack of sufficient evidence to satisfy allegations on Nov. 8, 2022.  

A sentencing is scheduled for Feb. 10. 

Prosecutor finds clothing and three vehicles On Scene of Homicide

DC Superior Court Judge Milton Lee granted a continuance on Nov. 4 for the defense to decide if they wished to independently test DNA evidence in the case. 

Darius Robertson, 29, and Antonio Hensley, 30, is charged with second-degree murder in connection with the death of 33-year-old Andre Robertson on the 5300 block of Clay Terrace NE on Oct. 2, 2021. The assault occurred on Oct. 1, 2021. Darius is the victim’s cousin.

During the Friday hearing, the prosecutor said he does not intend to do any additional testing.

The prosecutor said he found a variety of clothing and three vehicles at the scene. Two vehicles belonged to Hensley and one to Robertson.

He also said he turned in all evidence to the defense, including body worn cameras, surveillance videos, police paperwork, and reports on various subjects. 

Robertson’s defense attorney, Michael Madden, said he sent an email to the prosecutor stating that the vehicles are inaccurate compared to the defendant’s vehicle.

Judge Lee said he believes both parties need to decide whether they would like to conduct any testing.

Judge Lee scheduled the next hearing on March 10, 2023. Both defendants are being held without bail.

Judge Denies Homicide Defendant’s Release After He Fled Area For 2 Years

During a Nov. 9 hearing, DC Superior Court Judge Robert Okun found probable cause for a homicide defendant after reviewing evidence and learning that the defendant fled the District for two years. 

Dreaun Young, 19, is charged with second-degree murder for the fatal shooting of Michael Brittingham on Aug. 6, 2020, on the 600 block of 46th Street, SE. On Aug. 29, 2022, the Los Angeles Police Department (LAPD) located and arrested 19-year-old Dreaun Young in Hollywood, Calif. for an ongoing rape case before later finding out that he was wanted by the US Marshalls for a murder charge. He was extradited to Washington, DC on Sept. 20.

“Young fled for two years and had to be aided by someone else because he was a juvenile at the time of the offense with no established credit line,” Judge Okun said. “Therefore acting with a conscious disregard.”

As part of the prosecution’s argument, evidence of Young and Brittingham in a verbal confrontation was shown to the judge.

According to the witness, Brittingham and Young were arguing over money. Brittingham allegedly sold drugs in the area and Young owed him money.

The video also showed Young standing in front of an ice cream truck when Brittingham went to his car and came back to get into Young’s face and possibly assaulted him. The video displayed Brittingham doing these actions before he was shot nine times at close range.

“The shooter was identified as Young by an officer on the scene from a prior arrest,” the prosecutor said. “If he acted out of self-defense, he wouldn’t have fled the scene to Maryland and then to California where he resided for two years after the shooting.”

Defense Attorney Dana Page argued that the video wasn’t of good quality to prove Young was the shooter and that if he was it was self-defense. She said Brittingham was known to be violent due to allegations of him possibly being involved in a double homicide.

“If my client was present in the video he fled because he feared for his life since those other individuals on the scene took off after him knowing they are gang members and possibly may be connected to a double homicide,” Page said. “Those individuals didn’t seem chaotic about Brittingham’s death, but more in a rush to leave after the suspect fled the scene. It’s apparent something was taken off the body and handed to the ice cream man.” 

Page also mentioned, after the crime occurred, Young’s brother was brutally beaten by gang members who were searching for Young. 

“I  understand both of the parties’ viewings of the video, but I will have to side with the prosecution,” Judge Okun said. “It is apparent that there is some form of argument going on between the two, but the victim is clearly holding a hotdog and not seen with a gun. The video doesn’t even display the assault Brittingham allegedly did and for him to be shot nine times at close range is not an act of self-defense.” 

Judge Okun detained Young at the DC Jail for the safety of the community. 

According to court documents, the Metropolitan Police Department (MPD) responded to a shot spotter alert on the 600 block of 46th Street, SE, where they located a male victim not breathing but suffering from apparent gunshot wounds to the right thigh, left thigh, left shoulder, center chest, upper back, lower middle back and torso. Brittingham was pronounced dead on the scene.

The next hearing is scheduled for Jan. 25

Prosecution Delivers Closing Arguments in Murder Trial

The prosecution delivered closing arguments on Nov. 16 after an 8-week murder trial that included over 80 witnesses. 

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 to the shooting of 28-year-old Andrew McPhatter on March 5, 2017, on the 3500 block of Wheeler Road, SE. 

Jennings is also charged with assault with intent to kill and several counts of accessory of murder after the fact. 

The third defendant, 33-year-old Duan Hill, 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. 

During Wednesday’s trial, the prosecution delivered their closing arguments. 

“Evidence of this trial has proved that Mr. Turner and Ms. Jennings entered into a conspiracy to assault, kill, and destroy the property of people in Trenton Park,” the prosecution said.  

The prosecution drew a “roadmap” for the jury, connecting the various shootings and murders to the text messages and phone calls exchanged by the co-defendants. 

The prosecution began by presenting ShotSpotter audio recordings of the gunshots in various shootings. 

“Did you hear those shots? Mr. Hall heard them right before being killed,” said the prosecutor. 

The prosecution said that Turner’s 10mm glock “echoes throughout all of these acts of violence.” In other words, they said that Turner used the same 10mm glock in the various shootings and two murders. 

Additionally, the prosecution discussed the McPhatter shooting, displaying a still image of a school playground that captured a white car fleeing the scene of the shooting. The prosecution identified this as Turner’s white Lexus. 

Afterwards, the prosecutor argued that the defendants were guilty of a violent crime conspiracy and an obstruction conspiracy. 

Highlighting how Turner called Jennings after each shooting and murder occurred, the prosecution focused on a 24 minute phone call between Turner and Jennings that occurred after the police seized Turner’s white Lexus. 

The prosecutors argued that Turner expressed concern about whether or not the police would find the 10mm glock he had stored in the car. 

Jennings queried Turner and his associates through WALES NCIC and Cobalt, which are confidential Metropolitan Police Department (MPD) databases, the prosecutor said. 

“Jennings was handing out information,” he said. “Turner was able to use to facilitate his crimes of violence.”

In addition, the prosecution argued that Hill assisted Turner’s former girlfriend, so she could provide a statement to Turner’s attorney and accept responsibility for his firearm charges. 

DC Superior Court Judge Marisa J. Demeo set the trial to continue with closing arguments from the defense on Nov. 17.

Document: Arrest Made in Connection to a Non-Fatal Shooting

Metropolitan Police Department detectives have made an arrest in connection to a non-fatal shooting that occurred on Nov. 10, on the 1200 block of 5th Street, NW.

According to a press release, at about 8:46 am, officers located a juvenile male suffering from apparent gunshot wounds.