Judge Modifies Homicide Defendant’s Release Conditions, Removing Him from Supervision Program

A DC Superior Court judge modified the release conditions of a homicide defendant during a hearing on Sept. 13.

On Oct. 25, 2021, the Metropolitan Police Department received calls about a stabbing on the 1600 block of 18th Street, SE. Upon arrival, officers found 26-year-old Aaron Langford still alive and conscious. He was taken to a local hospital but died from his wounds shortly after.

Charles Haythe, 31, is charged with second-degree murder while armed. According to court documents, a witness told police that Haythe was the victim’s boyfriend.

During the hearing, defense attorney Megan Allburn said Haythe was in full compliance with the conditions of his release, which included a GPS monitor, curfew and several stay away orders. She requested that Haythe be downgraded from the High Intensity Supervision Program (HISP) to personal recognizance, and that his stay away orders be lifted. Haythe was released from jail on Jan. 12.

“Yes, he’s been compliant,” the prosecutor said, “but it doesn’t really matter how much he was in compliance, based on the facts of the case.”

Allburn said the defense had a “different view” on the facts of the case.

Even though D.C. Superior Court Judge Robert Okun agreed that the severity of the charges was a relevant consideration, he granted the defense’s motion in part. Haythe was released from HISP and GPS monitoring.

Allburn also requested that the stay away order from Haythe’s previous place of residence, which still belongs to him, be lifted.

The prosecutor said the apartment was close in proximity to an eyewitness and that there is still a tangible safety concern for that witness.

Allburn said the defense would be fine with keeping in place the stay away order from the witness but because “the defendant and [the witness] are essentially perfect strangers,” Haythe could be allowed to return to his apartment without it necessarily posing a threat to the witness.

Judge Okun agreed, lifting the order to stay away from Haythe’s apartment.

The parties are scheduled to reconvene for another hearing on Jan. 27.

Homicide Defendant’s Attorneys Challenge Psychologists’ Evaluation Results

The results of a mental evaluation for a murder defendant were challenged by the defense.

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. This incident occurred on March 1, 2019, on the 2600 block of Wade Road, SE.

During the hearing, which took place on Sept. 12 and Sept. 13, two expert witnesses testified about their findings on Jordan’s mental state.

Both witnesses are experts in forensic psychology.

According to one of the witnesses, Jordan suffers from paranoid schizophrenia, citing auditory delusions as the symptom that most frequently impairs his ability to form rational and logical thoughts.

After conducting several interviews with Jordan from April of 2021 to October of 2021, the expert witnesses concluded that he was competent to stand trial, saying the determination was rooted in the defendant’s demonstrated abilities to effectively work with his counsel and exhibit a factual, rational, and logical understanding of his case.

The experts drew this conclusion from the progress Jordan displayed during their initial evaluation in April of 2021 to their fourth and final evaluation in October of 2021. Both psychologists said the defendant was “alert” and “less distracted,” during their last evaluation, which attributed to his improvement while on a medicine regimen, taking part in cognitive behavioral therapy, developing better sleeping habits, and abstaining from substances over the 6-month period.

Despite this conclusion, Jordan’s defense attorneys, Dana Page and Christen Philips, said Jordan was incompetent to stand trial based on the previous three evaluations that deemed him incompetent.

Page questioned one of the witnesses’ credibility, citing their Facebook posts, which she alleged were “anti-Black Lives Matter” in nature. She speculated as to whether the witnesses’ “racial biases” influenced their competency evaluation of Jordan.

D.C. Superior Court Judge Milton Lee permitted both parties to question the witness about racially biased concerns.

The hearing is set to continue for the next few days as the witness is further questioned and a determination can be reached.

Judge Reviews Motion to Reconsider Defendant’s Bail

During a Sept. 13 hearing, a judge considered a motion for reconsideration of a murder defendant’s release. The prosecution urged the judge to reconsider the facts in the case and revoke the defendant’s release.

Jose Ramos, 34, is charged with second-degree murder while armed in connection to the death of 58-year-old Eduardo Cruz’s Jan. 29. Cruz was found dead in a car in the Carter Barron Ampitheater parking lot located on the 4800 block of Colorado Avenue, NW. According to court documents, a medical examiner listed Cruz’s manner of death as blunt force trauma, which police say stemmed from an altercation at the victim’s apartment on the 3700 block of Georgia Avenue, NW.

According to the prosecutor Ramos allegedly “spearheaded” a severe assault on the victim in which he was beaten with “hands, feet, and possibly other readily available objects.”

In his motion, the prosecutor also presented four reasons, and various transcripts, that illuminated why DC Superior Court Judge Rainey Brandt should reverse her Aug. 12 decision for release. The prosecution’s argument included four pillars, the defendant’s criminal history, the nature of the offense, the weight of evidence against Ramos and the danger he posed to the community.

The motion stated that Ramos was arrested for assault four time with two resulting in convictions for second-degree assault in Prince George’s County and simple assault in DC.

The prosecutor’s motion also mentioned Ramos’ latest arrest in which he was apprehended in Fairfax County, at the end of August, for an outstanding warrant connected to a 2019 assault case. The prosecutor said the warrant was issued for Ramos’ failure to appear in a June 15 court hearing as another argument against his release.

Judge Brandt entertained the prosecution’s motion, asserting that the bench warrant called for thorough consideration. Judge Brant admitted she failed to notice the warrant during her initial bail review, and that if she had, she would have focused on it more.

“An omission of this significance is an inaccurate record,” Judge Brandt said.

According to Judge Brandt, the bench warrant coupled with Ramos’ criminal history, and the weight and nature of the evidence and outstanding charges against him, might have compelled her to deem him too much of a threat to his community and thus not eligible for release.

Ramos’ defense attorney, Rachel McCoy, contended that Ramos’ absence was not voluntary nor of negligence. She said the defendant was arrested on the morning of the hearing and was not allowed to go to the hearing.

However, the prosecutor said Ramos’ failure to attend the hearing on June 15 was because he was found carrying 17 bags of cocaine at a 7-Eleven. According to the prosecution, Ramos had been “cutting it very close,” and was not on track to arrive on time for the hearing.

The prosecution also called attention to Ramos’ refusal to speak to officers when he was initially arrested in Fairfax, due to being “high” on cocaine. According to the prosecution, Ramos’ intoxicated state would have presumably impacted his ability to appear in court later that day, regardless of whether he was arrested.

Both McCoy and Judge Brandt agreed that the prosecution’s assertions were speculative and didn’t conclusively indicate that Ramos wasn’t planning to appear in court.

Judge Brandt said the prosecution’s arguments were worthy of further consideration but did not make a decision on Ramos’ release conditions. Before doing so, Judge Brandt insisted she would need more information regarding Ramos’ activities on the day he was arrested, as well as the time he was scheduled to appear in court.

Ramos is currently being held in jail in Fairfax County.

His next hearing is scheduled for Oct. 3.

Judge Grants Motion of General Supervision for Homicide Defendant

DC Superior Court Judge Robert Okun held a motion hearing on Sept. 13 where a homicide defendant requested less supervision.

Gary Rush, 40, is charged with second-murder in connection to the death of Keena Dowtin in Fort Dupont Park in Southeast DC on Sept. 20, 2020.

According to court documents, Rush was driving with Dowtin as his passenger and swerved to avoid hitting a deer. Dowtin dies in the crash.

At the hospital after the incident, Rush was later found positive for PCP, a hallucinogenic drug.

Rush was put under the High Intensity Supervision Program (HISP) after being released from jail on July 22, 2021.

During the hearing, defense attorney Nathaniel Mensah requested that his client to be placed on general supervision.

This would allow Rush to be taken off GPS monitoring. He would also have to report to his parole officer in person once a week.

Judge Okun granted the motion but informed Rush that he is still prohibited from driving under any circumstance. He cannot consume alcohol, nor take drugs unless prescribed by a medical professional.

Rush is scheduled to return to court on Feb. 3, 2023.

Document: Homicide in Northwest

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 9, on the 1300 block of 5th Street, NW.

At approximately 11:45 p.m., officers located 40-year-old Keith Allen suffering from apparent gunshot wounds.

Document: Arrest Made in Sex Abuse Case

Metropolitan Police Department detectives announce an arrest in a misdemeanor sexual abuse offense that occurred on Sept. 9, on the 1500 block of New York Avenue, NE.

A 26-year-old was arrested and charged with misdemeanor sexual abuse.

Document: Police Investigating Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 10, on the 1300 block of Congress Street, SE.

Officers were notified of two adult males seeking treatment at an area hospital for gunshot wounds.

One of the male victims has been pronounced dead. The decedent has been identified as 18-year-old Lonzo Malcolm.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 5, on the 1700 block of Minnesota Avenue, SE.

Officers reported to the location for reports of a shooting. Upon arrival, officers located 63-year-old John Murphy suffering from apparent gunshot wounds.

On Sept. 8, Murphy was pronounced dead.

Judge Hears Arguments for Motion on Murder Trial

DC Superior Court Judge Maribeth Raffinan heard arguments Sept. 12 from both parties regarding a motion filed by the prosecution to discuss previous domestic violence charges against the defendant during trial.

Darnel Sterling, 57, is charged with second-degree murder for allegedly killing his girlfriend 34-year-old Olga Ooro on Sept. 17, 2020, on the 300 block of Massachusetts Ave, NW.

The prosecution argued that the defendant’s previous cases and charges of domestic violence that involved the victim and violating a stay order are relevant to this case and present motive and pattern.

However, Sterling’s defense attorney, Howard McEachern, argued that the involvement of previously dropped charges of domestic violence against the victim were prejudicial.

After hearing arguments from both sides, Judge Raffinan sided with the prosecution and accepted the motion.

The trial is set to begin with jury selection on Sept. 13.

Judge Sentences DC Man for 2020 Murder of A Senior Citizen

On Sept. 9, DC Superior Court Judge Marisa Demeo sentenced a homicide defendant to 32 years in prison for felony murder of a senior citizen and attempted robbery of a senior citizen.

On March 29, 2020, 81-year-old Bobby Poole Jr. was knocked down by 52-year-old Tyrone Williams and an accomplice in an attempted robbery on the 900 block Eastern Avenue, NE. During the incident, Poole hit his head on a metal fence, which caused serious injuries.

Poole was rushed a local hospital. He was released from the hospital on April 2, 2020, but returned days later due to complications from his brain injury. Poole died on May 6, 2020.

Along with the 32-year sentence, Williams will also have to serve eight years of supervised release.

Following Defendant’s Refusal to Participate, Judge Schedules Final Competency Screening

During a Sept. 12 mental observation hearing, DC Superior Court Judge Robert Okun ordered a preliminary screening for the defendant, a “third and final” attempt to assess his competency.

Joseph Melton, 54, has been charged with first-degree murder while armed, assault with a dangerous weapon, assault with intention to kill while armed, carrying a dangerous weapon outside a home or business with a prior felony, and possession of a prohibited weapon.

Melton’s charges are connected to the Jan. 14, 2020, double-stabbing of 48-year-old Kevin Chamberlain, resulting in Chamberlain’s death later that evening.

Melton appeared in court for “yet another” mental observation hearing, as noted by Judge Okun.

In compliance with statutory procedures, Okun previously ordered two screenings for Melton’s mental health evaluation. However, Melton refused to participate in both screenings.

Due to Melton’s behavior, Judge Okun expressed temptation to skip the screening process.

However, Judge Okun agreed to schedule a screening for the third time., insisting that this would be Melton’s last opportunity to cooperate before the screening would be bypassed entirely.
Melton stated that he would participate in the screening.

Both parties agreed that the mental health evaluation should be conducted at a hospital, rather than DC Jail, as previously planned.

The preliminary screening is scheduled for Oct. 7.

Judge Schedules Another Status Hearing for Non-fatal Shooting Defendant

Defense attorney Brian McDaniel raised concerns Sept. 12 about his client’s mental health, prompting DC Superior Court Judge Lynn Leibovitz to reschedule another status hearing.

The 35-year-old defendant was indicted on 15 counts, including armed carjacking, possession of a firearm during a crime of violence, assault with a dangerous weapon, assault on a police officer while armed, attempted unarmed carjacking, unlawful possession of a firearm with a prior conviction, carrying a pistol without a license outside a home or business, unlawful discharge of a firearm, possession of an unregistered firearm and unlawful possession of ammunition after allegedly shooting a gun in February of 2021. The defendant was seen running down the 100 block of Ridge Road, SE firing his firearm towards police officers, according to court documents. After shooting towards the officers, the defendant got into a parked police vehicle where officers apprehended him.

McDaniel requested that the defendant be transferred from DC Jail to St. Elizabeth’s Hospital, DC psychiatric institution. McDaniel has been held on the matter for 20 months, and he is still concerned about his mental health.

He requested 45-days to allow more time to get another report from the defense’s independent doctor.

McDaniel also requested the defendant’s release due to health issues. He said he believes the defendant’s history of substance abuse, the effects of COVID-19, and family health concerns should be enough for his client’s release.

Judge Leibovitz denied the defense’s request for release because probable cause was found during the case’s presentment hearing in 2021.

The next hearing is scheduled for Oct. 24.

Judge Releases Sex Abuse Defendant

During a Sept. 12 hearing, the prosecution announced the defendant’s bail posting in a 2022 sexual abuse case.

On July 16, 2022, a 14-year-old victim reported that the 51-year-old defendant grabbed her buttocks twice while she was doing her laundry. When the victim tried to walk away, the defendant reportedly grabbed her arm and told her to “come on” back to his apartment. The victim identified the defendant as her attacker.

On Monday, the defendant was released on a $1,000 cash bond.

According to the DC Court, a stay-away order was imposed on July 18. The defendant has received two notices of non compliance on Aug. 12 and Aug. 31.

During the arraignment, the defendant pleaded not guilty to all charges, including three counts of second-degree child sex abuse and one count of simple assault. He was indicted on these charges on Aug. 31.

DC Superior Court Judge Milton Lee previously allowed the prosecution to continue providing the defense with evidence for each charge, granting the defense access to records relevant to the case.

Initially, the prosecution struggled to obtain a protective order, which would protect witnesses from unreasonable or invasive requests. These issues have since been resolved, and the prosecution plans to submit a written report of the evidence collected within a few days.

The prosecutor said he doesn’t plan to collect nor include any DNA evidence related to the defendant’s clothing.

The next hearing is scheduled for Oct. 13.

Former Maryland Teacher and Coach Receives Sentence for Sexually Abusing Minors

A former history teacher and rowing coach at Walt Whitman High School in Bethesda, Md. was sentenced for the sexual abuse of minors.

Kirkland Shipley, 48, was initially charged with sexual abuse of a secondary education student and sexual performance using a minor. According to court documents, he drove a student to his home, located in the Georgetown neighborhood of D.C., where he and the victim performed oral sex on each other. Shipley was 44-years-old at the time, while the victim was 17-years-old.

In another incident, Shipley exchanged nude and explcit photos and videos with a former student athlete of his and took screenshots of this content.

During the Sept. 9 sentencing, the prosecution read victim impact statements from students he coached, outlining Shipley’s abusive behaviors. Shipley’s former students expressed the emotional damage his actions gave them, including high levels of anxiety, eating disorders and depression.

Notably, one victim referred to Shipley as a “talented manipulator” and a “cancer festering in the community.”

For the past 20 years, Shipley has abused his position of power, taking advantage of impressionable teenage girls, the prosecutor said.

In determining appropriate sentencing for Shipley, D.C. Superior Court Judge Maribeth Raffinan said that the damage Shipley has created “cannot be erased.”

As such, Judge Raffinan sentenced him to 36-months in prison for the sexual abuse of a secondary education student and 24-months in prison for the sexual performance with a minor. The sentences are set to run consecutive to the other. Shipley will also have to serve three years of supervised release and register as a sex offender when released.

Defense Suggests Two Assailants, Medical Examiner Says Otherwise

A homicide trial continued on Sept. 9 with the prosecution calling four witnesses to the stand.

Edward Brown, 60, is charged with first-degree murder of a senior citizen while armed, in the fatal stabbing of 77-year-old Michael Mahoney on the 2300 block of 11th St., NW on Feb. 5. 2018.

The prosecution called the property manager of Mahoney’s residence, who testified to her involvement in finding Mahoney’s body after a requested welfare check by another resident of his apartment complex. Additionally, the prosecution called two Metropolitan Police Department detectives, who spoke to their roles and methods used in investigating the crime scene.

The prosecution then called a medical examiner who was asked to testify regarding her autopsy examination of the decedent. She testified that from her findings, Mahoney would have died within minutes of his injuries, there was likely only one assailant, and this case was consistent with homicide committed by a sharp blade because of the defensive wounds and puncture marks on his body.

During the cross examination, defense attorney Kevin Mosley brought into question the possibility of two assailants, the efficacy of the forensic investigators, and Mahoney’s suspected time of death.

The medical examiner testified wounds were inconsistent with two assailants, praised the city’s forensic investigators, and said that time of death is very difficult to determine but was likely 24-36 hours before the time of autopsy. DC Superior Court Judge Rainey Brandt scheduled the trial to resume on Sept. 9.

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