Prosecutor Requests More Time for DNA Testing

A prosecutor requested additional time for DNA testing for a 2021 murder case, during a Sept. 15 hearing.

Malachi McFarland, 22, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in connection to the murder of 25-year-old Kerry Odom, on April 15, 2021, on the 3300 block of 10th Place, SE.

The prosecution informed the court that DNA evidence requested earlier in the year has not yet been sent by the lab, citing contract renewal issues as the source of this delay.

The prosecution is also still actively processing evidence extracted from the defendant’s phone.

Despite these setbacks, the prosecution ordered additional DNA testing and needs more time for results.

McFarland’s defense attorney, Jacqueline Cadman, estimates that these test results will take at least 3-months to be processed and submitted.

In response, DC Superior Court Judge Robert Okun, suggested an interim hearing occur as the prosecution waits for DNA evidence.

The next hearing is scheduled for Nov. 18.

Murder Defendants Charged in 10 Year Old’s Murder Waive DNA Testing

Four murder defendants charged in a drive-by shooting that killed a 10-year-old girl decided Sept. 16 to waive their rights to DNA testing.

Qujuan Thomas, 24, Quentin Michael’s, 25, Antonio Murchison, 29, Gregory Taylor, 22, Marquell Cobbs, 20, Darrise Jeffers, 23, Isaiah Murchison, 22, and Mark Price, 28, are charged with first-degree murder, criminal street gang affiliation, possession of a firearm during a crime of violence, and 19 other charges in connection to the shooting that killed 10-year-old Makiyah Wilson on July 16, 2018, on the 300 block of 53^rd Street, NE. Other victims also suffered from non-life threatening gunshot wounds.

According to the prosecution, DNA testing was done and given to the defense to review with each defendant.

Thomas, Price, Cobbs, and Antonio were present in court during the hearing.

Cobbs was released under the High-Intensity Supervision Program (HISP) in May of 2019. He has to wear a GPS monitor. He also has a stay away order.

The defendants all knowingly and voluntarily waived their rights to personal DNA testing before DC Superior Court Judge Robert Okun, which he reviewed and accepted.

According to the prosecution, Thomas has a probation revocation matter, in another case, being handled separately.

Judge Okun said it was too early to set a trial date, so instead a date for a trial readiness hearing and a motions hearing was set.

The trail readiness and motions hearing are set for Jan. 30 and May 15, respectively.

The prosecutor said she doesn’t believe it is necessary for the second date and believes they can file a motion for one if it necessary. The defense agreed.

Parties Deliver Closing Arguments in 2018 Murder Trial

Parties delivered their closing arguments in a homicide trial on Sept. 15.

Edward Brown, 61, is charged with first-degree murder while armed and robbery while armed of a senior citizen in connection to the murder of 77-year-old Michael Mahoney on the 2300 block of 11th Street, NW, on Feb. 5, 2018.

During closing arguments, the prosecutor told the jury the defendant’s motive for the murder of Mahoney.

Prosecution stated that Brown owed a witness money for eating her food and he knew that Mahoney had withdrawn $600 from the bank to pay his rent.

According to the security footage, no other individual is seen entering Mahoney’s apartment after Brown.

Additionally, the prosecution argued that the defendant committed several acts that alluded to his “consciousness of guilt,” such as wearing different clothes after leaving Mahoney’s apartment, moving out of Mahoney’s apartment at 1:16 a.m. on Feb. 4, and avoiding the police that were investigating Mahoney’s death.

The prosecutor also referenced a forensic biology analyst’s testimony, who estimated that Mahoney died 18 hours prior to the autopsy.

DNA testing included a white tank top, jeans, and Redskins jacket. All three items tested positive for blood. Also, DNA on the black t-shirt and jeans, which was from both Mahoney and Brown.

“We ask you to find the only verdict that is consistent with the evidence,” said the prosecutor.

Defense attorney Kevin Mosley stressed that Brown did not need to steal Mahoney’s money because he had a car and a job.

“This was an unwitnessed murder. No one saw it. You don’t know what happened,” Mosley said.

Mosley also said a key witness lied and was under the influence of stimulants. The witness had “no ability to connect time and memory,” stated Mosley.

Furthermore, Mosley said the DNA evidence was tainted because police failed to consider some individuals that could have contaminated those materials during the two days before Feb. 5.

Mosley also argued that there was a “failure to investigate” the video surveillance from before Feb. 2 and after Feb. 5, the exterior security cameras, the footage from the other floors, and the sign-in log from the apartment building. He also said there is a “blindspot” between two apartments that the security camera does not capture.

Mosley referenced the forensic pathologist’s testimony, who apparently explained that there are too many variables to accurately determine Mahoney’s time of death. “The government wants to put a time of death at a time Mr. Brown was in the apartment,” he said.

“I implore you to consider all of the evidence,” Mosley told the jury. “The evidence that there is and the evidence that is lacking.”

During redirect the prosecutor said that in order to believe the defendant’s theory, one would have to suppose that another person knew Mahoney had money, knew where the security camera blindspots were, and they would have had to transfer Mahoney’s blood without leaving any of their DNA as evidence. This “doesn’t make sense,” said the prosecutor.

“Mr. Mahoney was telling you in his last moments on Earth that the defendant stabbed him and left him there to die,” the prosecutor said.

After the parties completed their closing arguments, DC Superior Court Judge Rainey Brandt gave the jury instructions before they began deliberating.

The trial is set to continue on Sept. 19.

Homicide Defendant’s Attorney Challenges Psychologists’ Credibility

During a Sept. 14 hearing, defense attorney Dana Page attempted to examine an expert witness’s credibility after he determined that a murder defendant was competent to stand trial.

Bobby Jordan, 47, who is also known as Hillman Ray Jordan, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license in connection with the fatal shooting of 64-year-old Jawaid Bhutto that occurred on the 2600 block of Wade Road, SE on March 1, 2019.

During the hearing, the prosecution recalled their expert witness to the stand. The witness, a licensed critical psychologist, said he believes Jordan is capable of standing trial.

“There wasn’t anything he said that was overly concerning,” the psychologist said. “I believe Mr. Jordan is competent.”

The expert said Jordan told him someone was following him, but the witness said it was not uncommon for people, being charged with a crime, to say that.

The psychologist agreed with other expert witnesses’ testimonies in saying that Jordan suffers from schizophrenia and his symptoms include delusional ideations and paranoia.

However, in court, the expert witness told DC Superior Court Judge Milton Lee, “Mr. Jordan does not currently present a fixed delusion.”

During cross-examination, Page questioned the witness about past judges who ruled that his testimony, on separate occasions, as not credible or less credible. She also showed the court several posts from the expert’s Facebook page after asking him about his personal biases.

Page said the posts on the expert witness’s social media page were “anti-Black Lives Matter.” One post included a speech from Donald Trump, which Page pointed out, was soon after the death of George Floyd.

Another post was of an article, “Damages on whites done by blacks”.

Towards the end of his cross-examination, the witness told Judge Lee, “There were a couple of places, in retrospect, that I wish I would’ve followed up”.

The hearing is set to continue on Sept. 15 with the expert witness back on the stand.

Judge Sets Hearing Date to Discuss DNA Results in Manslaughter Case

DC Superior Court Judge Robert Okun set a hearing date to discuss results from DNA testing.

Joseph Smith, 64, is charged with voluntary manslaughter for allegedly stabbing his 62-year-old brother Arnold Smith on April 9, 2019, on the 600 block of Galveston Place, SE.

In a status hearing on Sept. 15, the prosecution announced that DNA evidence for this case has not yet been received.

Judge Okun then proposed to set a hearing date to discuss results, expressing his hopes that DNA evidence will soon be processed and submitted.

The hearing is scheduled for Nov. 18.

Smith’s defense attorney, Jacqueline Cadman, requested that her client appear remotely. Judge Okun accepted this request.

Prosecution Focuses on Defendant’s Actions During Opening Statements

The prosecution’s opening statement during a murder trial Sept. 14 linked a 57-year-old defendant to the murder of his girlfriend.

Darnell Sterling is charged with the second-degree murder and contempt for violating a stay-away order in connection to the murder of Olga Ooro, 34, on July 17, 2020, on the 300 block of Massachusetts Avenue, NW.

During opening arguments, the prosecution noted Sterling’s actions before and following the murder, showing how his statements to police didn’t reflect his actions.

On July 16, 2020, Sterling, Ooro, and the Ooro’s child went to dinner at the Navy Yard. They returned to Ooro’s apartment around midnight. According to the prosecution, Sterling changed into different clothing and left in his father’s Volkswagen.

Sterling changed his clothes twice more the same day before driving to Ocean City, Maryland.

While Sterling was supposed to be in Ocean City, he returned to Ooro’s apartment with a utility dolly and a large piece of fabric. He used Ooro’s key to get in and out of the building, said the prosecutor.

Sterling is seen loading a bundle of fabric into his vehicle and then drove across the Bay Bridge. He returned to DC.

However, when interviewed by the Metropolitan Police Department (MPD), Sterling said he left Ooro’s apartment after an argument the night she was last seen.

Defense attorney Howard McEachern said this case was not a homicide, but a missing persons case. He said Ooro’s body was never found. He continued to say there was no evidence of a crime at the apartment to support the charges.

DC Superior Court Judge Maribeth Raffinan scheduled the trial to resume on Sept. 15.

Judge Denies Request for Defendant’s GPS Monitor Removal

DC Superior Court Judge Maribeth Raffinan denied a motion filed by the defense during a Sept. 14 felony arraignment to modify a homicide defendant’s release conditions.

Chakeatia Jackson, 38, and her eldest son 18-year-old Jacquell Jackson were both charged with second-degree murder while armed for the murder of 37-year-old Tarshaqua Chappell. Chakeatia was arrested and charged on Dec. 9, 2021, she is currently released under the High Intensity Supervision Program. Jaquell was arrested and charged on Dec. 16, 2021. He is being held at the DC Jail.

Errin Scialpi, Chakeatia’s defense attorney, filed a request to remove Chakeatia’s GPS tracking device.

The circumstances have changed in the defendant’s life, and she has remained compliant with the conditions of her release, Scialpi said.

Chakeatia is also searching for employment, Scialpi said.

The defendant said the GPS monitor causes her pain and leaves bruises.

Judge Raffinan denied the request.

Chakeatia is scheduled for hearing for Nov. 4.

Judge Schedules Murder Hearing to Resume in Late September

During a Sept. 13 preliminary hearing, DC Superior Court Judge Robert Okun scheduled a preliminary hearing for a homicide case to resume in later in the month.

JD Wheeler, 23, is charged with second-degree murder for allegedly shooting 23-month-old Legend King Wheeler on the 2300 block of Chester Street, SE on Nov. 24, 2021.

During the hearing on Sept. 13, a Metropolitan Police Department (MPD) detective said he received a radio call to respond to a residence where a minor was suffering from a gunshot wound to the head. MPD arrived on the scene to find a blood trail from the stairwell to an apartment, where they then found one of the witnesses holding the victim on the stairwell.

According to the Chief Medical Examiner’s Office (OCME), the cause of death was a single gunshot to the right side of Legend’s head just above the teeth line. The gunshot fractured the base of the brain, injuring the brain stem before exiting the right side of the head.

The prosecutor showed surveillance footage that identified Wheeler entering the apartment building before and after the shooting. According to the detective, Wheeler’s clothes were in bags in the area of the actual crime scene where they then found a loaded magazine cartridge but no gun.

According to the prosecutor, although a gun wasn’t retrieved from the scene, it is believed that the gun was disposed of due to surveillance footage of Wheeler going into an alley away from the cameras and reappearing empty-handed.

During cross-examination, defense attorney, Jacqueline Cadman, emphasized the discrepancies between the witnesses’ testimonies.

Parties were not able to finish the hearing, so Judge Okon scheduled the proceedings to resume on Sept. 20.

Homicide Defendant Rejects Second Plea Offer from Prosecution

A murder defendant rejected a plea deal for second-degree murder Sept. 13.

Tyree Irving, 25, was convicted of first-degree murder while armed on Feb. 27, 2019, for the fatal shooting of 22-year-old Davane Williams on Jan.15, 2019.

During Monday’s hearing, the prosecution offered Irving a plea deal for 10-14 years in prison for the lesser charge of second- degree while armed.

The prosecution also mentioned Irving was offered another plea deal in 2019 for 20-24 years for second-degree murder while armed, which he rejected.

According to the Metropolitan Police Department (MPD) The fatal shooting took place on 1200 North Capitol Street, NW, where they found Williams suffering from multiple gunshot wounds to the body.

Defense attorney Madalyn Harvey discussed the next steps for a homicide defendant during the hearing.

According to court documents, video footage shows Irving approaching Williams and an unknown individual. He is then seen walking behind William at which time he takes out a semi-automatic and shoots William in the back multiple times before fleeing the scene.

DC Superior Court Judge Robert Okun set the next status hearing for Nov. 4.

Document: Suspects Wanted for Homicides in the District

The Metropolitan Police Department is asking the public’s help in locating suspects who are wanted for homicides in the district.

On Aug. 23, on the 1800 block of 9th Street, NW, 32-year-old Ali Jamil Al-Mahdi was found suffering from a apparent gunshot wounds. He was pronounced dead at an area hospital.

There is a warrant out for the arrest of 26-year-old Deonte Patterson.

On Dec. 20, 2021, on the 200 block of Allison Street, NW, 17-year-old Samuel Hernandez was located suffering from apparent gunshot wounds.

Herson Guzman, 19, is wanted in connection to the murder.

On Aug. 10, on the 5100 block of Call Place, SE, 25-year-old Aryeh Wolf was found suffering from an apparent gunshot wound.

There is a warrant out for the arrest of 27-year-old Avery Miller.

Judge Sets Expert Notice Deadlines for 2020 Homicide Case

During a Sept. 14 status hearing, DC Superior Court Judge Milton Lee set expert notice deadlines for parties in a 2020 homicide case.

Ravel Mills, 28, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without license outside a home or business in connection to the murder of 28 year-old Toussaunt Strong on April 18, 2020, on the 3400 block of 24th Street, SE.

Defense attorney Jacqueline Cadman informed Judge Lee that she identified a laboratory, Signature Science, to conduct additional DNA testing.

She said the lab received forensic evidence from the case on Sept. 2 and requires 60 days to process the DNA.

Judge Lee set a deadline for the defense to send out its expert notice for Nov. 28, anticipating that Cadman would receive test results by Nov. 2.

Additionally, the prosecution is determining whether to use a representative from Shot Spotter, a gunshot detection system, as an expert witness in the trial.

Judge Lee set the prosecutor’s expert notice deadline for Nov. 1.

A trial readiness hearing is scheduled for Nov. 30.

Blood Found on Shirt Defendant Last Seen Wearing, Analyst Says

A DNA expert testified, during a homicide trial Sept. 13, that blood was found on a shirt the defendant was last seen wearing.

Edward Brown, 61, is charged with first-degree murder while armed in connection to the stabbing death of 77-year-old Michael Mahoney on Feb. 5, 2018, on the 2300 block of 11th Street, NW.

Brown and Mahoney’s DNA were found on a black long-sleeve shirt and blue jeans that Brown was wearing in surveillance footage, said a DNA analysts who worked on the case.

Mahoney is last seen entering his apartment at 10:03 p.m, on Feb. 3 according to the Metropolitan Police Department’s lead detective on the case.

His notes stated that at 1:16 a.m, on Feb. 4, Brown is seen coming from the direction of Mahoney’s apartment and getting into the elevator; wearing a Redskins jacket, black long-sleeve shirt, burgundy and gold sock cap, blue jeans, and black shoes.

During cross-examination, defense attorney Kevin Mosley created reasonable doubt in the detective’s investigation. Mosley noted that several unidentified persons had interactions with the victim and Brown that detectives never tried talking too.

The prosecution called two more witnesses to the stand. Both were from Bode Technology, the first expert witness was a forensic biology analyst and the second was a senior DNA analyst.

The biology analyst testified to testing the Redskins jacket that Brown was seen wearing in the surveillance video, for blood. The jacket tested negative for any presumptive blood.

Mosley had the expert witness point out every spot on the jacket she tested for blood. The expert pointed to 11 areas that tested negative.

DC Superior Court Judge Rainey Brandt scheduled the trial to resume on Sept. 14.

Defendant Receives 6-Month Jail Sentence for Molesting Sister

On Sept. 14, DC Superior Court Judge Robert Okun sentenced a teen defendant to 6-months at the DC Jail for molesting his sister in a 2021 sex abuse case.

On the evening of Oct. 17, 2021, the mother of 19-year-old Tieyon Garnett found her son and the 9-year-old victim sitting together on the couch. Neither was wearing pants. The victim told her mother that the defendant had penetrated her anus with his “private part,” and had been touching her buttocks and vagina.

Although Garnett initially denied these accusations, he later accepted full responsibility for sexually abusing the victim. Garnett was charged with first-degree child sex abuse on Oct. 27, 2021.

During the Sept. 14 sentencing, the victim and her mother were called to the stand. The mother reported that Garnett’s actions have driven a wedge between their entire family with the victim was having breakdowns and lashing out daily.

She then relayed the victim’s desire for Garnett to serve jail time. “My son deserves the consequences that will be handed to him,” Garnett’s mother told the judge.

The mother requested a stay-away order from her daughter be imposed on Garnett. However, she did not request a similar order for herself.

“For an adult man to have sex with any 9-year-old is one of the most reprehensible things a person can do,” the prosecutor said. He added that the incestuous nature of the act violated fundamental human principles, and called for at least one year of jail time.

Still, the prosecutor maintained that a Youth Rehabilitation Act sentence was most appropriate, considering Garnett’s young age and cooperative behavior throughout the entire legal process. He also believed that such a sentence would empower Garnett to actively work through any underlying issues that may have driven his reprehensible actions.

In response, defense attorney Quo Mieko Judkins read aloud a statement from Garnett, in which he expressed significant remorse for his actions, and wished his sibling a full emotional recovery. “I’m sorry this happened. I wish I could take it back,” Garnett wrote. “I love [the victim and I am] trying to do better.”

Judkins requested a much lighter sentence than that put forth by the prosecution. She noted Garnett’s unwavering compliance throughout all legal proceedings, as well as his lack of a prior criminal history. Judkins also emphasized Garnett’s practical efforts to get back on track, such as his commitment to graduating high school and gaining acceptance into a music program at the University of D.C.

Judkins underlined that Garnett’s harshest sentence was arguably the “scarlet letter” he would be branded with when attempting to reintegrate into society. The “sex offender” label, and the civil death accompanying it, would plague Garnett for the rest of his life, heavily impacting his future employment, housing, education, romantic, and social prospects, his attorney said.

Judkins expressed hope that mental health treatments and counseling would address Garnett’s behavior in relation to this offense specifically, insisting that any polygraphs, GPS monitors, or substance abuse treatments would be extraneous and unnecessary.

In Garnett’ expressed love and appreciation for his family, a desire to better himself academically and professionally, and remorse for his actions. “I’m very messed up about this,” he said.

Judge Okun acknowledged that this was a very difficult sentencing. He agreed that a youth act sentence would be appropriate, given Garnett’s compliance during pretrial release. Still, with the sheer severity of Garnett’s offense and the acute suffering he’d subjected his sibling to, Judge Okun felt that a jail-free sentence would be unjust and insufficient.

Judge Okun sought a compromise between the two proposed sentences, settling on a suspension of 24 months including 6 months of jail time, 3 years on probation, and 90 hours of community service.

Garnett would be required to undergo mental health evaluations and treatment and pursue a full-time job and education once released. Judge Okun mandated that Garnett register as a sex offender for the next 10 years. He also issued a stay-away order from the victim.

Should Garnett comply with all conditions, Judge Okun assured him that his conviction would be set aside, enabling Garnett to move forward without the conviction staining his public record.

“You’re still so young,” Judge Okun told Garnett. “You’re going to have your whole life ahead of you,” continuing,”I hope that when you get out, you can be a productive member of society, and never come back to this courthouse again.”

Document: Arrest Made in a Homicide

Metropolitan Police Department detectives made an arrest in a homicide that occurred on Sept. 15, 2021, on the 4000 block of 1st Street, SE.

MPD officers located 37-year-old Paris Odemns suffering from apparent gunshot wounds.

On Sept. 13, 2022, 27-year-old Malik Seltzer was charged with first-degree murder while armed.

Five Witnesses Take Stand Monday in Ongoing Homicide Trial

A homicide trial continued on Sep. 12 with the prosecution calling five witnesses to the stand.

Edward Brown, 61, is charged with first-degree murder while armed in connection to the murder of 77-year-old Michael Mahoney on the 2300 block of 11th Street, NW, on Feb. 5, 2018.

Mahoney was found in a pool of his own blood in his apartment in his senior living center, according to court documents.

The prosecution called an expert in forensic pathology, someone who examines the bodies of people who have died unexpectedly, to determine the cause of death.

The expert testified that Mahoney died about 48 hours before the autopsy and 3-5 hours after eating. She said the stab wounds were likely inflicted by a single assailant, and the assailant was most likely left-handed, due to the angle of the blade when it punctured the body.

The pathologist said she based her estimation on Mahoney’s time of death on the degree of food digested in the victim’s stomach, the temperature of the body when found on the scene, and the degree of lividity—or the settling of blood in the body after death—in the body.

The witness also mentioned surveillance of Mahoney carrying food to his apartment prior to his death and the food having been consumed before investigators arrived at the crime scene.

A technician for DC Housing, who is responsible for accessing and downloading surveillance footage from Mahoney’s building, provided police with the surveillance from the building in the days leading up to the death, during the estimated time of death, and after the murder occurred.

A neighbor from Mahoney’s senior living facility told the jury about all the people Mahoney had contact with the victim on the day of his murder.

DC Superior Court Judge Rainey Brandt scheduled the trial to resume Sept. 13. She said she expects the prosecution to rest by the end of the day on Tuesday.

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