Jurors Find 2018 Homicide Defendant Guilty

After deliberating for two days, jurors found a homicide defendant guilty.

Malik Holston, 20, was initially indicted in 2019 for first-degree murder while armed with the murder being especially heinous, possesion of a firearm during a crime of violence and carrying a pistol without a license outside of a home or place of business in connection to the shooting death of 15-year-old Gerald Watson on the 2900 block of Knox Place, SE on Dec. 13, 2018.

The jury came back with the verdict on Nov. 2 for first-degree murder while armed, possession of a firearm during crime of violence and carrying a pistol without a license.

Before the verdict, the jury sent DC Superior Court Judge Rainey Brandt a note, “What happens if we can reach an agreement on all counts except aggravating circumstances?”

Holston’s defense attorney, Shawn Sukumar, referred to the 2011 Jones v. United States case that states, “A partial verdict should be accepted when it is offered.”

“You would be instructed to continue deliberating on any issues of disagreement,” the judge sent back to the jury. All parties agreed on this response.

However, on the aggravating circumstance charge, the jury could not reach a decision.

After the jury was discharged, Judge Brandt left to go thank the jury in person. When she came back, Judge Brandt said this trial affected the jury, and that several of the jurors were brought to tears.

“Keep a positive outlook,” Judge Brandt’s told Holston.

A sentencing is scheduled for Jan. 26, 2023.

Judge Approves Video Showing Defendant At Shooting Range

During a Nov. 1 jury trial, DC Superior Court Judge Marisa Demeo denied a motion to exclude a video of a murder defendant at a shooting range.

Derek Turner, 31, and 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.

The third co-defendant, 33-year-old, Duan Hill, is charged with conspiracy and obstruction of justice in this matter.

Turner is also charged with first-degree murder while armed for allegedly shooting 23-year-old Devin Hall on Jan. 7, 2017, on the 3500 block of 6th Street, SE.

Turner’s defense attorney, Michael Madden, introduced motions to exclude three videos that collectively showed a potential association between Turner and a close acquaintance referred to as “Johnson.”

The videos were taken from Johnson’s Instagram. One allegedly depicted Hill and Turner hanging out together at a shooting range. Prosecutors intended to establish a nexus between Johnson and Turner, while presenting Turner and Hill as regular companions and potential co-conspirators.

Madden argued that the videos were prejudicial, particularly the one taken at the shooting range, because it showed Turner surrounded by firearms and gunshots. This link between Turner and guns would be impossible for the jury to unsee, he said.

Prosecutors asserted that guns were legal to use at shooting ranges and none of the videos depicted Turner holding or shooting a gun. As such, they maintained that the videos were not prejudicial.

Judge Demeo ruled in the prosecution’s favor and permitted the inclusion of two videos, including the shooting range one. The prosecution opted to withdraw the other video, saying the first two effectively established connections between Turner, Johnson, and Hill.

A data analyst, who analyzed data records for two phone numbers, explained that the software he used can detect the vague region of each phone, as well as which direction it’s facing. However, he said it alone couldn’t pinpoint the user’s exact location, nor their distance from any given location.

The witness clarified that a more precise location detection would have been possible with timing advance data. However, he was not granted access to that data during his analyses.

The prosecution also called a former construction worker who was shot during the Feb. 22, 2017, shooting on Alabama Avenue. The victim recalled that he “ran for his life and passed out” in a nearby church, before being brought to a nearby hospital.

The victim said he couldn’t recall what the shooter looked like, as he was too busy running to look back. Prosecutors then read out segments from the victim’s grand jury testimony in which he described the shooter as an African American man.

The victim also admitted that the shooting had left him “really messed up,” both physically and emotionally. He referenced his daily struggles with numerous mental health issues, including post-traumatic stress disorder, as well as his inability to digest many foods, walk, reach, bend, or use the bathroom normally.

Judge Demeo scheduled the trial to continue on Nov. 2.

Defense Requests Continuance in Sex Abuse Case

During a Nov. 2 hearing, DC Supreior Court Judge Robert Okun granted a continuance in a sex abuse case.

The 34-year-old defendant is charged with first-degree child sex abuse in connection to sexually assaulting his stepdaughter on multiple occasions. According to court documents the defendant began assaulting the victim when she was nine years old.

The first time she was assaulted happened in an apartment in Rockville. It was at nighttime and the defendant told her brothers to go to bed and they always kissed him goodnight.

The victim explained that when she attempted to kiss him on the cheek, he turned his head causing her to kiss him on the lips. She apologized, and he said it was ok. The defendant then proceeded to take out his private part and put it in her mouth. He then tried to penetrate her vagina and butt.

The defendant told the victim that if she told he would kill her and then himself, so that nothing can be done about it.

The victim told police that it hurt a lot, and she would cry, according to court documents. Whenever she would try to stop him, he would pull her hair and hit her, she said.

The defendant, who has been in the victim’s life since the age of 2, told her that it wasn’t wrong because she was not his biological daughter, documents stated.

During the assaults, the victim stated that “white stuff” would have to come out or they weren’t done. Whenever any of the “white stuff” got on her stomach he would tell her “Be careful, don’t move” and went to get her something to wipe it off with. He would also make her clean her vagina with salt, hot water, and three drops of cooking oil.

The only time the defendant would not assault her was during her menstrual cycle.

The victim stated that the last assault happened on Oct. 25, 2020, when he took her to a hotel close to Silver Spring or DC. She said the defendant would always say each time was the last time.

Both parties are currently discussing a global disposition. The original trial date, Nov. 29, was rescheduled for August 2023 and the case is continued to determine the appropriate course.

Another hearing was scheduled for Jan. 10, 2023.

Judge Grants Motion for DNA Testing on Behalf of Prosecution

DC Superior Court Judge Milton Lee granted a motion for DNA testing to the prosecution during a hearing for a murder defendant.

Robert Baskerville, 29, is charged with second-degree murder while armed in connection to the shooting of 28-year-old Darron Keith Holmes II on April 16 on the 1200 block of Southern Avenue, SE. Officers from the Metropolitan Police Department executed a search warrant and arrested him on June 16.

During a Nov. 1 hearing, the prosecution expressed his plans to conduct DNA testing, to which Baskerville’s defense attorney, Pierce Suen, objected.

He asserted that the prosecution has demonstrated “insufficient probable cause.”

In response, the prosecutor told Judge Lee that he plans to collect DNA from the car involved in the incident.

Suen contended that only touch DNA can be extracted from the scene, ruling out the possibility of testing bodily fluids.

Judge Lee rejected this submission, stating that blood was found in the car. In doing so, he granted a motion for DNA testing.

After issuing a motion for DNA testing, Suen requested that Baskerville be released as they await any further developments, citing his non-existent criminal background.

Judge Lee denied the request because Suen had not notified the prosecution prior to asking.

Parties are scheduled to return to court on Jan. 5. 2023, to further address matters.

Baskerville will continue to be held at the DC Jail.

Case Acquitted: Witness’ Testimony Leaves Victim’s Family in Tears During Murder Trial

This case was acquitted on Nov. 9, 2022.

DC Superior Court Judge Milton Lee presided over a murder trial as three witnesses delivered testimony.

Mike Bidgell, 27, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm in connection to the shooting of 18-year-old, Marquis Harrod, on June 6, 2020, on the 1300 Block of Brentwood Road, NE.

During a Nov. 1 trial, the prosecution summoned three witnesses to testify before the court, two of whom witnessed the incident and one who conducted the autopsy on Harrod.

The prosecution also questioned a witness who stayed back with the victim to ensure his safety.

She recounted Harrod’s struggles, saying he was “gasping for air” and his words sounded “gurgled,” presumably from blood. Strangers reportedly informed her that he was dead, indicating that he “released his bowels.”

This testimony elicited an emotional response from the victim’s family, causing them to break out in tears and exit the courtroom.

Judge Lee ordered a break to provide the victim’s family with time to recollect themselves before proceeding with the hearing.

According to court documents, Harrod allegedly approached Bidgell in his car after exiting the Woodbridge Vets Liquor store on the 1300 block of Brentwood Road, NE. Security footage shows him leaning towards the driver’s seat to talk to Bidgell who then opens fire on him.

Surveillance footage shows Harrod stumbling and falling face-first on the ground as the defendant drives away. Bystanders on the street fled the scene in response to the gunshots.

After the break, Bidgell’s defense attorney, Brian McDaniel, cross-examined the witness, questioning her credibility because she was detained by marshals earlier that morning for refusing to testify.

The witness claimed she “did not want to get involved.”

Following her testimony, a medical examiner described the cause and manner of Harrod’s death. Harrod was shot in both the shoulder and the chest with the latter wound exiting his body and damaging his arteries.

The prosecution then presented the bullet that exited his body as well as photos of Harrod’s autopsy to the jury.

McDaniel then cross-examined the medical examiner, asking about the distance of the barrel of the gun from Harrod’s body.

She estimated that the defendant fired shots from within ten to twelve inches of the victim as indicated by the “stippling pattern” left behind.

Lastly, the prosecution introduced Bidgell’s brother to the stand who regarded his relationship with his brother as “strained.”

When describing the incident, he said that he was hanging out at the Quick Trip 24 convenience store when he spotted his brother who he allegedly hasn’t spoken to him in two years.

The two engaged in a verbal dispute when they united, and the witness said Harrod pulled out a gun and shouted, “Man, fuck this! Watch out!”

After hearing gunshots, the witness as well as other bystanders ran away.

Before McDaniel could cross-examine the witness, Judge Lee adjourned the court.

Parties are scheduled to return to court on Nov. 2 to continue matters.

Domestic Abuse Defendant Granted Third Continuance Pending Psychiatric Testing

DC Superior Court Judge William Nooter issued another continuance for a domestic abuse defendant, his third one, as he awaits psychiatric testing.

The 22-year-old defendant is charged with assault with a dangerous weapon, unlawful possession of a firearm with a prior conviction, and simple assault in connection to a violent altercation with his girlfriend on Jan. 30. According to court documents, the defendant allegedly brandished a weapon after his girlfriend accused him of flirting with another woman. During the fight, his girlfriend reportedly pulled out a taser.

During an Oct. 31 hearing, defense attorney, Julie Swaney, informed the court that psychiatric testing has yet to be conducted on her client, apologizing for the “significant delays.”

In response, the prosecution asked Judge Nooter to grant a continuance, prefacing her request with “I hate to ask…” as this marks the third consecutive continuance for the case.

Swaney concurred with the prosecution, stating that the case cannot be adequately addressed without test results. At the same, she requested the defendant be released as he has been held pending testing.

Judge Nooter agreed that parties should not proceed until sufficient information is materialized.

Regarding the delays, he attributed them to understaffing at the Court Services and Offender Supervision Agency (CSOSA) after the tester was involved in a car accident. He said the backlog is “not simply a lack of diligence on their part.”

Swaney’s request for release was denied. The judge cited the pending test results as the critical factor for this decision.

Swaney said she expects testing to occur on Nov. 3 and approximates that the results would take two weeks to process.

Parties are scheduled to reconvene on Nov. 15 to discuss the results of the tests and further address case matters.

Sex Abuse Defendant Enters Guilty Plea

Despite concerns about the length of the maximum sentence, a defendant pleaded guilty to second-degree child sex abuse during a Nov. 1 status hearing.

Allen Davis, 60, was charged on May 4 with the second-degree child sex abuse. He was indicted in August for kidnapping and obstruction of justice. According to court documents, he touched his 7-year-old niece’s vulva some time between Nov. 1 and Nov. 15, 2018, at her residence on the 800 block of Chesapeake Street, NE.

The incident was first reported on Nov. 15, 2018.

When interviewed, the child said she felt sad and “did not want her mother to be mad at her,” according to court documents. Her mother reportedly knew that Davis was a registered sex offender, and downplayed the incident, saying, “don’t run your mouth.”

At the Tuesday hearing, Davis confirmed to DC Superior Court Judge Robert Okun that the prosecutor had a winning case against him, and he planned to plead guilty.

As part of his plea, the prosecutor agreed to dismiss the kidnapping and obstruction charges, and not indict on any further charges related to the incident. She also agreed to recommend a sentence on the lower end of the guidelines. The sentence duration, at most, would be halfway between the minimum and maximum term lengths according to the guidelines.

Judge Okun noted that the maximum sentence recommended under guidelines was ten years, though he did not know the minimum. When he asked Davis if he understood the conditions, he said he did.

But, Davis asked, referring to the ten year maximum, “why so long in jail?”

Judge Okun reiterated that the maximum would not be recommended, saying, “I can say with some certainty that it’s not going to be ten years.”

Davis entered the guilty plea and Judge Okun accepted.

Parties are scheduled to return to court for a sentencing hearing on Jan. 26, 2023.

After Sentencing Hearing Confirms Defendant Reported to Federal Correctional Institution

A hearing held in child sex abuse case confirmed a defendant’s arrival at Federal Correctional Institution.

Raymond Diggs, 37, was originally charged with five counts of first-degree child sex abuse, enticing a child, and misdemeanor sexual abuse of a child for sexual acts that were conducted with his 9-year-old stepdaughter. Diggs was first charged in this case on Feb. 9, 2019.

On Oct. 31, an after sentencing hearing was held to confirm that Diggs self-surrendered to Federal Correctional Institution Fort Dix in Joint Base McGuire-Dix-Lakehurst, NJ.

Diggs’ defense attorney, John R Fowler, confirmed to the prosecution and DC Superior Court Judge Neal Kravitz that he appeared at the correctional facility.

On Sept. 21, Judge Kravitz reviewed the details of the case, including testimonies, physical evidence, victim impact statements, as well as the defendant’s lack of prior convictions as a sex offender.

Diggs pleaded guilty to second-degree child sexual abuse with aggravating circumstances and second-degree child sexual abuse with aggravating circumstances with the victim being under 18 years old on Feb. 19, 2020.

He was sentenced to 24 months in prison, three years of supervised release, and is required to register as a sex offender for 10 years. In addition, Diggs is required to attend sex offenders therapy, individual trauma therapy, and drug testing.

Document: 14-Year-Old Killed in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Oct. 31, on the 2600 block of Birney Place, SE.

According to a press release, at about 8:39 pm, officers located 14-year-old Antione Manning suffering from apparent gunshot wounds.

Document: Arrest Made in a Homicide

Metropolitan Police Department detectives made an arrest in a homicide that occurred on July 27, on the 4300 block of 4th Street, SE.

According to a press release, at about 10:26 pm, officers located 19-year-old Ronald Brown and 41-year-old Tijuan Wilson suffering from gunshot wounds. They were pronounced dead on the scene.

On Nov. 1, 27-year-old Beysean Jones was arrested and charged with first-degree murder while armed.

3 Victims and a Total of 38 Gunshot Wounds in Triple-Homicide Trial

During the Oct. 31 hearing, the prosecution requested testimony from the medical examiner who conducted the autopsies on each of the three victims regarding the wounds they received during the shooting.

Rakeem Willis, 31, and Johnathan Winston, 33, are charged with first-degree murder while armed in connection to the shooting deaths of 26-year-old Sean Shuler, 26-year-old Javon Abney, and 24-year-old Tyrik Hagood on Jan. 26, 2019, on the 1500 block of Fort Davis Place, SE.

During the Monday hearing, Willis shouted at DC Superior Court Judge Michael Ryan before the prosecution was about to call their first witness to the stand.

“Mr. Willis don’t ever do that again in front of the jury,” Judge Ryan said after excusing the jury from the courtroom. After taking a short break, the trial began.

A medical examiner from the DC Office of the Chief Medical Examiner testified before the jury and shared the results of her autopsy. On Jan. 27, 2019, the day following the shooting, she performed the autopsies on the victims.

She ruled Shuler’s, Abney’s, and Hagood’s causes of deaths as multiple gunshot wounds and ruled the matters as homicides. Shuler’s body had four gunshot wounds, Abney’s body had twenty gunshot wounds, and Hagood’s body had fourteen gunshot wounds.

Willis’ defense attorney, Howard McEachern, objected to the prosecution’s future witness, Willis’ probation officer.

McEachern told Judge Ryan that allowing the jury to hear testimony from a probation officer could potentially give them prejudice by letting them know Willis has a criminal record.

Winston’s defense attorney, Kevin Irving, mentioned to the judge that in another case of his, they referred to a probation officer as a government employee that the client was under obligation to contact.

Judge Ryan and the prosecution agreed to refer to the probation officer as a government employee.

The trial is scheduled to continue on Nov. 2.

Judge Finds Probable Cause In Assault Case Following Detective’s Testimony

DC Superior Court Magistrate Judge Renee Raymond found probable cause in an assault with a dangerous weapon case during a Nov. 1 preliminary hearing.

Nigel Pulliam, 29, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence in connection to an incident on Aug. 29, on the 2000 block of Benning Road, NE.

A detective testified about the information he received from the victim as prosecution presented surveillance footage from the scene. The detective stated that Pulliam allegedly told the victim “Leave or Imma shoot you” and the victim left. As the victim was making a U-turn in his vehicle, Pulliam fired shots at him. The victim was left uninjured.

Defense attorney Matthew Graves argued that you can’t see Pulliam’s face as the shots were fired in the footage. He also added that the detective didn’t know the name of the suspect or have an address.

Prosecution added that you can see his face throughout other parts of the video.

The detective said the victim has known Pulliam for about a year, but only knew him by his street name. However, the victim was able to identify the suspect by seeing a picture in the police database due to Pulliam having priors.

After hearing arguments from both sides, Judge Raymond stated that the surveillance footage was very compelling. Pulliam will remain held despite the defense request for him to be released.

The next hearing has been scheduled for Nov. 15.

Defendant Pleads Not Guilty to Sexual Abuse

On Oct. 31, a DC man was arraigned for the sexual abuse, kidnapping, and aggravated assault of a woman he knew for over thirty-five years.

On March 30, the Metropolitan Police Department Sexual Assault Unit responded to an assault that occurred on the 1800 block of Columbia Road, NW. When officers arrived on the scene, they found the defendant on top of the complainant “tussling” with her. The defendant wanted to have sexual intercourse and when denied, he dragged the woman into an alley.

The woman resisted and struggled with the defendant as he pulled her pants down to her mid-thigh area. He repeatedly punched her in the face until the victim was laid out on the ground. The defendant proceeded to engage in sexual acts with the victim. She was transported to a local hospital with severe injuries to the face.

Upon questioning, the defendant described the victim as a “hoe” exerting that she was an extremely promiscuous woman.

He also stated that the victim is a “drunk” and a “prostitute.” The defendant said that the victim fell in the alley and that they “smoked crack” together. He indicated that the victim also smokes “dippers” known as Phencyclidine (PCP), an hallucinogen, and drinks vodka.

The defendant has been charged with three counts of attempted first-degree sexual abuse offenses committed during release, two counts of third-degree sex abuse-force offenses committed during release, kidnapping offense committed during release, aggravated assault knowingly offense committed during release, assault with intent to commit first-degree sexual abuse offense committed during release and assault with significant bodily injury.

“That’s not true,” the defendant repeatedly said as the charges were being read to him. The defendant pleaded not guilty to all charges.

The defendant also has a misdemeanor case open involving a simple assault where he assaulted another victim and called her a “whore.”

Defense attorney Lisbeth Sapirstein is pushing for another status hearing. The defendant remains held without bail.

Prosecutors are willing to continue this case into a new hearing as they prepare a global plea offer for the defendant.

DC Superior Court Judge Maribeth Raffinan scheduled the next hearing for Dec. 19.

Homicide Defendant Enters Guilty Plea for Lower Charge

On Oct. 28, DC Superior Court Judge Milton Lee accepted a defendant’s decision to accept a plea agreement from the prosecution in regard to a 2016 homicide case.

Xavier Hamilton, 30, was charged with second-degree murder while armed for his alleged role in the shooting of 39-year-old Ivy Tonnet Smith.

According to court documents, on March 6, 2016, the Metropolitan Police Department was called to the 2800 block of Alabama Avenue, SE. Ivy Smith was an innocent bystander struck by gunfire at the local bus stop. Smith was transported to Washington Hospital Center where she later was pronounced dead. Another individual was found suffering from a gunshot wound at a nearby beauty supply store.

Hamilton waived his rights as he entered a guilty plea of voluntary manslaughter while armed. Hamilton is slated to serve eight years in prison and three years of supervised probation.

The next hearing is scheduled for Dec. 16.

Sex Abuse Defendant Remains Released As Trial Approaches

During an Oct. 28 hearing, DC Superior Court Judge Marisa Demeo opened the court to pretrial services following the compliance of the 38- year-old sex abuse defendant.

The defendant is charged with two counts of first-degree child sex abuse and two counts of second-degree child abuse. According to court documents, on the evening of Oct. 8, on the 100 block of V Street, NE, the victim who was 13 years old at the time of the assault told members of the Metropolitan Police Department that the defendant engaged in a sexual act with her, according to court documents.

Defense attorney Madalyn Harvey indicated the given facts of what she knows about the case. She said she will not be conducting any testing at all and will discuss her findings in the testing with the defendant.

The prosecutor was on track with the defense regarding her decision not to conduct independent testing in this sexual assault case.

According to pretrial services, the defendant is in good compliance with his current conditions. They want the stay-away order to remain in place along with his regular check-ins. The defendant is also required to continue his mental health courses.

According to court documents, the assault took place in the apartment of the victim’s mother. The victim was on the couch when the defendant then began to kiss her on her neck and her mouth before inserting his penis into her vagina. Upon questioning the defendant then admitted to engaging in the sexual act with the minor without using a condom.

The next hearing is scheduled for Dec. 9.

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