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Document: Person of Interest Sought in a Homicide

Metropolitan Police Department detectives are asking for the public’s help in locating a person of interest in connection to a homicide that occurred on Nov. 19, on the 1200 block of First Street, NE.

According to a press release, at about 9:50 pm, officers located 18-year-old Akira Wilson in a hotel room suffering from an apparent gunshot wound. She was pronounced dead at the scene.

Judge Denies Late Submission of Evidence

During a Nov. 21 hearing, DC Superior Court Judge Milton Lee denied the late submission of evidence from a prosecutor to prevent the defendant from an extensive hold in the DC Jail for an extra 18 months. 

Kirk Spencer, 27, is charged with first-degree murder while armed for allegedly shooting 49-year-old Marcus Covington on Feb. 23. 2021, at the Anacostia Metro Station located on the 1000 block of Howard Road, SE. 

The defense attorney Jacqueline Cadman said she has not received any calls from the Metropolitan Police Department (MPD) regarding a phone that was taken into evidence.  She requested all and any notes and police paperwork from MPD to be turned over, but it has not been provided yet. 

Cadman also said the only material she has reviewed was body-worn camera footage from the day of the incident.

The prosecutor requested an audit of the footage to record all time stamps noted from the day of the shooting.

“I have dealt with a late submission in evidence once before, and I can tell you that I am not going to allow that submission to be used in trial because I am not going to hold a person in jail for an extra 18 months,” Judge Lee said. “I know we are busy, but it has to get done.”

The next hearing is set for Jan. 27

Homicide Defendant Wants To Withdraw His Plea

During a Nov. 21 hearing, DC Superior Court Judge Milton Lee extended a sentencing hearing in a homicide case to give a defendant more time to review his request to withdraw his plea. 

Diquan Lucas, 25, is charged with second-degree murder while armed in connection to the shooting of 33-year-old Brian Tyrell Butler on Nov. 21, 2019, on the 2300 block of Ainger Place, SE. He pleaded guilty to voluntary manslaughter on March 11. 

According to court documents, another suspect named Devin Hill, who is also known as Devin Smith, was also apprehended and charged with first-degree murder.

The second suspect’s role was not identified in this hearing, but he entered a guilty plea on July 20, 2021, in connection to another murder that allegedly involved him and another individual.  

On the evening of the homicide, the Metropolitan Police Department (MPD) responded to the 200 Block of Ainger Place, SE, where they found Butler unconscious and not breathing. He sustained four gunshot wounds.

The defense requested to set a further status hearing because the attorney felt he has not effectively addressed an issue that was raised prior to Lucas withdrawing his guilty plea. 

The next status hearing is scheduled for Dec. 13

Homicide Case Continues As Plea Offer Gets Extended Again 

During a Nov. 21 hearing, DC Superior Court Judge Milton Lee continued a homicide case again to give the defense more time to discuss the prosecution’s plea offer. 

Jonathan Young, 37, is charged with first-degree murder while armed for allegedly shooting 22-year-old Dewayne Shorter III on Jan. 26, 2021, on the 1300 block of Brentwood Road, NE. 

Defense attorney Brian McDaniel said he wants Young to review the rest of the video from the night of the shooting before he makes his final decision on the plea offer.

The prosecutor agreed to extend the plea offer again because he understands that McDaniel has been in a trial before Judge Lee,  but he doesn’t want the plea offer to be dragged out too far.  

The prosecutor also mentioned that the video is one of the most significant pieces of evidence, and it is critical for Young to review it with counsel as soon as possible. 

For all ballistics work, all evidence was outsourced with an expert on the west coast. It was sent over towards the end of October and is expected to take 3-4 months to get results. 

Shorter was found unconscious in the back seat of a car located on the 1200 block of Saratoga Avenue, NE, according to court documents. The police determined that Shorter was shot on the 1300 block of Brentwood Road, NE before a witness carried him to a car to be transported to a hospital. Shorter suffered from six gunshot wounds.

Young’s next hearing is scheduled for Jan. 11 

Homicide Defednant Requests Muslim Judge After Claiming Discrimination

A homicide defendant began a hearing on Nov. 17 by stating that he has been beaten while incarcerated. 

Marcus Barringer, 31, is charged with second-degree murder while armed in connection with the shooting of 32-year-old Rashad Davis on May 6 on the 2300 block of Nicholson Street, SE. 

 DC Superior Court Judge Okun presided over Thursday’s hearing, where Barringer said he wanted to show a piece of video evidence, but to only the judge. 

Judge Okun mentioned that he would have to show it to all parties if he wanted to present evidence. The defendant said the judge does not want to make any deals with him. 

He goes on to request a muslim judge due being discriminated against in the court hearing.  

The defendant previously requested to represent himself during a preliminary hearing in October when the defendant said he was dissatisfied with his lawyer. Judge Okun allowed Barringer to represent himself and ordered that Kevin Mosley remain as standby counsel. 

Later in the month, the defendant requested to withdraw Mosley from the case. In his place, Lisbeth Sapirstein was appointed as an attorney advisor.  

Barringer is scheduled for a mental observation hearing on Nov. 30.

Defendant’s Baby Mama Takes Stand in Murder Trial

On Nov. 17, two eyewitnesses testified about a shooting and subsequent arrest in a 2017 co-defendant murder trial. 

James Mayfield, 23, and Robert Moses, 23, are charged with first-degree murder while armed, assault with the intent to kill, conspiracy, and aggravated assault while armed as well as other charges in connection to the murder of 17-year-old Jamahri Sydnor on Aug. 10, 2017, at the intersection of Montana and Saratoga Avenues NE. Sydnor later succumbed to her injuries. This shooting also wounded three bystanders that were standing at the intersection. 

The first witness was the mother of Phillip McDaniel’s two children. McDaniel is an accomplice, who was also initially arrested and charged for Sydnor’s murder. He pleaded guilty for second-degree murder.  

The witness testified about being present for McDaniel’s arrest along with the mother of McDaniel’s other child. 

She also explained she was acquainted with the co-defendants for over 10 years. 

However, Mayfield’s defense attorney Veronice Holt, questioned the accuracy of this statement as the witness did not know either defendant for that exact amount of time. 

“Didn’t you say that you’ve known Mr. Mayfield for 10 years to convince the police that you knew him well,” asked Holt. 

Ultimately, the witness admitted to embellishing this length of time. 

Next, a witness shared his first-hand experience of the incident at the intersection of Montana and Saratoga Avenues, NE. 

The witness described hiding under a truck during the shooting. Th prosecution displayed Body Worn Camera (BWC) pictures of the scene showing where the witness hid. 

“All you saw was one shooter, correct, ” Moses’s defense attorney, Steven Kiersh, asked during the cross examination.  

The witness agreed with the statement. 

DC Superior Court Judge Maribeth Raffinan set the trial to continue on Nov. 21.  

Defense Gives Closing Arguments in Homicide Trial

Rounding out the eighth week of a triple-defendant homicide trial, the defense presented their closing statements on Nov. 17.

Derek Turner, 31, is charged with first-degree murder while armed, unlawful possession of a firearm with a criminal record, possession of a firearm during a crime of violence and conspiracy and Ronnika Jennings, 44, is charged with conspiracy and obstruction of justice in connection to the shooting of 28-year-old Andrew McPhatter on March 5, 2017, on the 3500 block of Wheeler Road, SE. 

Additionally, the third defendant, 33-year-old Duan Hill, is also charged with conspiracy and obstruction.

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, opened the day with his closing statement. 

According to Madden, the young men of the Wheeler Park and Trenton Park  neighborhoods, both located in Southeast DC, were involved in constant violent conflicts. These conflicts included several other instances of fatal and non-fatal shootings, including the shooting of Turner himself and the murder of his closest friend and alleged accomplice, Antwan Jones, who is also Jennings’s cousin.

To highlight this point, Madden re-presented a music video displaying a group of young men he said were “celebrating violence Lord of the Flies style,” and singing along to a song, with the words “in the parking lot,” while holding hand guns. 

Madden then contrasted this video with a separate clip of Turner and a friend singing along to the same song in a mocking manner. He said these did little to connect Turner to the shootings in question because the insults in these videos could apply to any group, neighborhood, or person equally. 

Besides the flimsy connection to neighborhood rivalry shown in the music videos, the prosecution’s case lacks direct evidence connecting Turner to the crimes, Madden argued. There were no fingerprints, DNA evidence, or surveillance footage placing him at the crime scene and his GPS ankle monitor, a requirement of his probation for a separate crime, placed him at home during the time of the shooting.

Finally, he said it was a “leap of logic” that both Turner and Jennings were involved. While Jennings would run names through the Metropolitan Police Department (MPD) database, where she worked, sometimes legally and sometimes illegally, Turner’s name could have been requested by an outside source and not an act of her own desire.

Jennings’s defense attorney, Russell Hairston objected to this statement, and filed a motion of severance since he found it to be harmful to his client. A motion of severance would allow Jennings a separate trial from Turner.

DC Superior Court Judge Marisa Demeo denied his motion.

In his own closing, Hairston pointed out the prosecution’s tendency to tell the jury to use the word “inference,” which is not consistent with proving beyond reasonable doubt.

He also pointed out that Jennings did not print, take a photo, or handout any of the results of the unauthorized searches she performed in the MPD database. She also willingly submitted to polygraph testing and the search and seizure of her personal cell phone when requested by the homicide detectives.

According to Hairston, Jennings was more than cooperative since she wanted to keep her job. 

The prosecution began their rebuttal after Hill’s defense attorney provided his own closing.

The prosecution outlined six different shootings that had occurred between Trenton Park and Whaler Place. He then displayed an image from Turner’s phone for the jury to see. In the photo, Turner is on FaceTime with a friend who is showing him a picture of a man who was in the hospital and was recovering from a gunshot wound. What other reason than to have this photo in his phone then as a “trophy photo,” the prosecution stated to the jury.

The trial is set to continue on Nov. 21 with the prosecution finishing their closing arguments and Judge Demeo preparing the jury for deliberation.

Document: Arrest Made in a Non-Fatal Shooting

Metropolitan Police Department made an arrest in a non-fatal shooting offense that occurred on Oct. 9, on the 2600 block of Birney Place, SE.

According to a press release, at about 12:55 pm, officers located a juvenile male suffering from a gunshot wound.

On Nov. 18, a 15-year-old juvenile male was arrested and charged with assault with a dangerous weapon.

Document: 18-Year-Old Killed in Northeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Nov. 19, on the 1200 block of First Street, NE.

According to a press release, at about 9:50 pm, officers located Akira Wilson inside of a hotel room suffering from an apparent gunshot wound. She was pronounced dead at the scene.

Judge Schedules Preliminary Hearing in Child Sex Abuse Case

DC Superior Court Judge Rainey Brandt granted on Nov. 18 a continuance for a pending preliminary hearing.

A 30-year-old defendant is charged with first-degree child sex abuse of his 9-year-old stepdaughter. The incident first occurred in February 2022 at the Mckinley apartments, located on the 4900 block of North Capitol Street NE.

During Friday’s hearing, both parties came ready to decide upon a preliminary hearing.

The prosecutor offered a plea agreement on four counts of first-degree child sex abuse, but the defendant hasn’t decided whether he will accept or deny it.  

The prosecutor said he will not seek an indictment.

The plea was placed on the record and will remain open for two weeks.

According to the victim, the incidents first started on Valentine’s day 2022 until April 2022. Each incident occurred when the mother was not home or when the victim did not have school. 

The defendant would touch the victim’s chest, vagina, and butt with both his hands and his genitals, she said. 

He would force the victim to perform oral sex. He would also force the victim to touch his genitals to perform a handjob. And in return, he would give the victim money, according to court documents.

The defendant was arrested in May 2022.

The preliminary hearing is scheduled for Dec. 9.

Judge Extends Condolences to Homicide Victim and Defendant’s Families During Sentencing 

During a Nov. 18 proceeding, DC Superior Court Judge Rainey Brandt sentenced a murder defendant who allegedly suffers from a long-time PCP addiction. 

Brian Foster, 40, was convicted of second-degree murder after accepting a plea deal on Aug. 31, 2022, in connection to the shooting of 45-year-old Anthony Mitchell on Aug. 18, 2021, on the 3700 block of First Street SE.

At the hearing, both Foster’s defense attorney, Nikki Lotze, and the prosecution agreed to a sentence of 14 years in prison with 5 years of supervised release in addition to drug treatment following his release and a stay-away order from the victim’s family. He must also register as a gun offender.

The prosecution cited Foster’s “low-level” criminal record, contending “these encounters with the law failed to deter him from his path.” 

The Court Services and Offender Supervision Agency (CSOSA), gave Foster a low score for his criminal behavior, which can be attributed to his “extensive drug and gun history.”

According to court documents, witnesses reported that Foster was allegedly smoking marijuana and PCP before perpetrating the shooting. They asserted that he exited the vehicle the men were smoking in and fired shots at Mitchell in his vehicle.

Mitchell reportedly sold liquid PCP and frequented the 3700 block of First Street, SE. That afternoon, the victim traveled there to purchase marijuana from one of the witnesses. He had also, just recently, become a grandfather.

Upon receiving his sentence, the prosecution read a victim impact statement from Mitchell’s mother in which she referred to Foster as “the lowest of them all,” stating, “I hope you will suffer the rest of your life.” 

After the statement, Judge Brandt encouraged Foster to offer his sentiments regarding the incident. 

Foster accepted responsibility for his actions, citing his drug addiction as the reason for his actions.

“This is just the weirdest thing ever,” he said.

When asked to elaborate on this comment by Judge Brandt, the defendant replied, “I don’t know. It was just a bad, bad day.”

Judge Brandt commented on the dangers of PCP use, stating, “you just do things you normally wouldn’t do.”

She lamented the loss of Mitchell and expressed condolences for both the defendant and the victim’s families.

“I hope you find whatever you’re searching for,” Judge Brandt told Foster. 

Defendant Rejects Plea Offer in Homicide Case

During a Nov. 18 hearing, the defendant rejected a plea offer given by the prosecution.

John McRae, 45, is charged with first-degree murder while armed in connection to the shooting of 22-year-old Marty McMillan on March 23, 2017, on the 1900 block of 13th Street, SE. He is also charged with unlawful possession of a firearm and possession of a firearm during a crime of violence. 

If McRae had pleaded guilty to one count of second-degree murder while armed, the sentence would have resulted in a range from 18 to 21 years of incarceration in prison and would be served concurrently to the sentence he is currently serving from a 2017 case. 

The prosecution would have also reserved the right to request stepback pending sentencing, will withdraw any enhancement papers filed in this matter and reserve allocution and dismiss the remaining and greater charges contained in the indictment. 

 McMillan, and the woman McRae was in a relationship with, were having sex at his apartment. According to court documents, McRae walked in the apartment almost directly after the two finished having sex. Court documents also state that McMillan and the woman met on Plenty of Fish (pof.com), a dating website.

McRae  then allegedly shot McMillan four times in the closet and then wrapped his body in a blanket and disposed of the body. It was not found for 6 months.

The trial is scheduled to begin on Jan. 30 2023. 

The prosecution expects 40-50 witnesses with seven to eight of them being experts. 

The defense expects five to 10 witnesses with one of them being an expert. 

The trial is anticipated to last about 3 weeks.

The next hearing is scheduled for Jan. 6, 2023

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