Judge Allows Home Confinement to Expire

DC Superior Court Judge Maribeth Raffinan allowed the home confinement of a murder suspect to expire.

Derricko Johnson, 18, is charged with first-degree murder for allegedly shooting 16-year-old Justin Johnson.

Johnson attended the Aug. 4 hearing virtually.He was released under the High Intensity Supervision Program (HISP) under home confinement on July 18. Johnson was reported as staying in compliance with his release orders.

On May 26, Metropolitan Police Department (MPD) officers responded to a shooting report at 2234 Savannah Terrace, SE. Upon arrival, MPD officers located the juvenile victim. The decedent was unconscious, unresponsive, and suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Johnson’s HISP orders include checking in by phone, GPS monitoring, as well as complying with stay away orders from the scene where the killing happened. Due to his compliance, as well as his not receiving any further warrants since his release, the Pretrial Services Agency did not request any further changes to his release conditions.

Once the defendant’s home confinement ends in August, Johnson must report back to PreTrial Services where he will remain under GPS monitoring as well as a curfew from 10 p.m. to 6 a.m.

Johnson is scheduled to return to court for a status hearing on Nov 9.

Judge Reschedules Sex Abuse Trial for November

DC Superior Court Judge Marisa Demeo accepted the defense’s motion to reschedule a sex abuse trial for Nov. 10.

The defendant is charged with first-degree burglary, fourth-degree sex abuse and two counts of second-degree theft in connection to an incident that occurred on July 9, 2021. According to court documents, the victim told police that she awoke to the defendant “sucking on [her] nipples” at her residence on the 1000 block of 46th Street, NE. The victim said she believes the defendant entered her home through the window and took cash and her car keys from her purse.

At the Aug. 3 hearing, defense attorney Sara Kopecki told Judge Demeo that she needed more time to talk to her client and review video evidence with him. Kopecki indicated that she had been in discussion with the prosecutors about her timeline in advance of the hearing.

The prosecution did not object to the motion to reschedule the trial. Court records indicate that jury selection was originally scheduled for Aug. 3.

Judge Demeo scheduled jury selection for Nov. 10 and the beginning of arguments for Nov. 15.

She also set a Sept. 6 deadline for all parties to file responses to outstanding motions and for the defense to file notice of an expert witness.

The prosecution indicated that it expected its case to last two days. Kopecki said she needed one day to argue her case.

Judge Demeo accepted the defendant’s waiver of his rights to independently test DNA evidence. Law enforcement tested DNA taken from the victim’s breasts. The DNA profile matched the defendant’s profile on file from the FBI Federal DNA Database.

The defendant’s next appearance in court is scheduled for a trial readiness hearing on Oct. 7.

Judge Finds Child Sex Abuse Defendant Mentally Competent to Stand Trial

During a hearing on Aug. 2, DC Superior Court Judge Milton Lee found a child sex abuse defendant mentally competent and denied the defendant’s request for new counsel.

The 23-year-old defendant is charged with second-degree child sex abuse in connection to engaging in sexual contact with a 15-year-old victim on Jan. 26 on the 500 block of 42nd Street, NE.

The defendant is also charged with assault with intent to commit third-degree sex abuse concerning a separate, unrelated case. The defendant is accused of wrapping his arms around the victim’s waist and holding her as he thrust his pelvis into her buttocks on Jan. 28 at the Shaw Howard Metro Station.

During the mental observation hearing on Aug. 2, Judge Lee considered a report by the Department of Behavioral Health (DHS) regarding the defendant’s mental competency. He found the defendant competent to stand trial.

Defense attorney Thomas Healy also informed Judge Lee of the defendant’s request for new counsel. Judge Lee denied the request.

Throughout the proceeding, the defendant kept his head on the table and refused to acknowledge Judge Lee.

“The only person you’re damaging is yourself,” Judge Lee told the defendant. “I can’t help you right now with you acting like this.”

According to court documents, the victim was walking home from school when she noticed the defendant following her. The defendant allegedly asked the victim, “have you ever seen a grown man’s penis” and when the victim turned around, the defendant was exposed. The victim tripped over her book bag as she was running away and as she got up, the defendant grabbed her buttocks and asked if she wanted to do something.

The defendant will be arraigned on all charges during his next court appearance scheduled for Sept. 1.

Counsel Requests More Time Due to Defendant’s Quarantine Status at DC Jail

Counsel asked DC Superior Court Judge Milton Lee for more time to discuss DNA testing with a sex abuse defendant due to the defendant’s quarantine status at the DC Jail.

The defendant, 22, is charged with multiple counts of assault with the intent to commit first-degree sexual abuse, third-degree sex abuse with force, kidnapping, aggravated assault, and simple assault for allegedly sexually assaulting four individuals on the 1700 block of Park Road, NW and the 1700 block of Newton Street, NW between July 10, 2021, and Aug. 7, 2021.

During the hearing on Aug. 2, defense attorney Justin Okezie, standing in for the defendant’s attorney Rachel McCoy, informed Judge Lee McCoy has not yet been able to meet with the defendant to discuss potential independent DNA testing.

McCoy, Okezie said, will be able to meet the defendant once he is released from quarantine.

In light of the delay, Judge Lee scheduled an additional hearing after the defendant’s release from quarantine on Sept. 1 to address potential DNA testing.

Judge Denies Motions by Prosecution and Defense in 2018 Homicide Case

During a hearing on Aug. 3, DC Superior Court Judge Maribeth Raffinan denied the defense’s motion for a speedy trial and the prosecutor’s motion for a protective order for a homicide case.

Reginald Turner, 37, is charged with first-degree murder, possession of a firearm during a crime of violence, and unlawful possession of a firearm in connection to the shooting of 37-year-old Malik Muhammad on the 800 block of Taylor Street, NE, on Nov. 26, 2018. The homicide occurred while Turner was on parole supervision for a separate, unrelated case in Maryland.

On Aug. 3, parties convened to discuss a motion Turner filed from the DC Jail, objecting to his trial date which is scheduled for Jan. 22, 2024. According to Turner, who has been detained for this case since April 9, 2019, his case was continually delayed by the prosecutor to an extent that violated his constitutional right to a speedy trial. He requested an earlier trial date or to be released from detention.

In reviewing Turner’s argument, Judge Raffinan considered the length of the case’s delay, the reasons for the delay, the defendant’s assertion of his speedy trial right, and the degree of prejudice to Turner caused by the delay–the four prongs established by United States Supreme Court case Barker v. Wingo to evaluate whether or not a defendant’s right to a speedy trial had been violated.

Judge Raffinan denied Turner’s motion, determining that although Turner’s case had been delayed significantly by the prosecutor, the majority of delays were unavoidable due to COVID-19 issues. In addition, the scheduled trial date accommodated the earliest time the case could go to trial.

Judge Raffinan then heard the prosecutor’s arguments concerning her motion to protect witnesses’ identities and sensitive information when turning over interview transcripts to Turner’s defense attorney, Dana Page.

“Your Honor has great discretion over this discrete matter,” said the prosecutor. “But it is important to protect the witnesses’ identities and security.”

Page opposed the prosecutor’s motion, arguing there was “no particularized reason and no good cause” for imposing a protective order.

Judge Raffinan denied the prosecutor’s motion, saying the prosecutor’s reasons for imposing a protective order on witnesses’ sensitive information was not specific enough.

According to court documents, a witness told members of the Metropolitan Police Department (MPD) that Turner and Muhammad were conversing outside an apartment building about the location of Turner’s cell phone. Turner, according to the witness, seemed “irritated and impatient” when Muhammad told the defendant the cell phone was in his girlfriend’s car and would be returned shortly.

Turner’s next court appearance is scheduled for Sept. 23, where parties will discuss potential DNA testing.

Defense Discusses Plans To Test DNA Evidence For Defendant Accused Of Shooting Ex-Girlfriend

During an Aug. 3 hearing, defense counsel for a homicide defendant discussed plans for testing DNA and ballistics evidence for a trial set to begin in May of 2023.

Carson Posey, 22, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in connection to the fatal shooting of 28-year-old Shantal Hill on April 15, 2020, on the 1200 block of North Capitol Street, NW. Hill suffered multiple gunshot wounds and succumbed to her injuries a few hours later.

According to court documents, a police officer who was rendering aid to Hill before she was transported to a local hospital asked who shot her. Hill said Posey, her ex-boyfriend, shot her.

Defense attorney Jacqueline Cadman and the prosecution said laboratories are behind with DNA testing because of the number of trials that are set this fall. The prosecution estimates the testing would be completed by the end of August. However, a report would not be ready until after Labor day.

Cadman said the defense would independently test DNA evidence from Hill’s cell phone and sim card. However, parties are having trouble unlocking the phone due to technical issues.

DC Superior Court Judge Rainey Brandt told the court that if the DNA testing comes back before the end of August, parties can schedule to come back to court earlier.

“I just want to keep you guys talking and make everything as smooth as possible,” Judge Brandt told both parties. “It sounds like you are working nicely together in the sandbox of justice.”

Judge Orders Competency Eval for Murder Defendant

DC Superior Court Judge Robert Okun ordered an inpatient mental competency evaluation for a homicide defendant.

Joseph Melton, 53, is 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 in connection to a double-stabbing and murder of 48-year-old Kevin Chamberlain that occurred on Jan. 14, 2020.

Melton’s competency was originally called into question during a May 20 hearing, where Judge Okun ordered an outpatient evaluation. The evaluation was ruled inconclusive because Melton refused to cooperate.

Melton’s competency was questioned again in a June 23 hearing. Judge Okun denied a second request for a competency evaluation, partly due to the defendant’s refusal to participate.

During the Aug. 3 hearing, Judge Okun ordered an inpatient mental competency evaluation without objection from either party.

Judge Okun scheduled a mental observation hearing for Sept 7.

Murder Defendant Found Incompetent to Stand Trial

A DC Superior Court judge found a murder defendant incompetent to stand trial.

Anna Payne, 31, is charged with second-degree murder while armed in connection to allegedly shooting her mother, Marilyn Payne, 69, on July 26 on the 1600 block of Webster Street, NE.

A report from the Department of Behavioral Health found Payne incompetent to stand trial and recommended she be transfered to St. Elizabeths Hospital, DC’s psychiatric institution, for treatment.

During a Aug 3 hearing, Judge Robert Okun, in accordance with the report, found Payne mentally incompetent to stand trial, with no objection from parties.

According to court documents, Payne has had mental health issues in the past, resulting in multiple stays at the Psychiatric Institute of Washington.

She was not present for the hearing.

Judge Okun scheduled a mental health status hearing for Sept 8.

Judge Reschedules Mental Competency Hearing and Arraignment for Defendant Who Escaped A Psychiatric Hospital

During an Aug. 3 hearing, DC Superior Court Judge Rainey Brandt rescheduled a mental competency hearing and arraignment for a defendant who escaped from St. Elizabeth’s Hospital, DC’s psychiatric institution, while waiting to be sentenced for the murder of his father.

On Dec. 19, 2019, Bernard Coleman III, 29, pleaded guilty to voluntary manslaughter in the fatal shooting of his 43-year-old father, Bernard Coleman Jr. on the 4000 block of Cole Boulevard, SE, on March 18, 2017. The victim suffered from two gunshot wounds and was pronounced dead at the scene. Coleman was initially charged with first-degree murder while armed, first-degree burglary, possession of a firearm during a crime of violence, unlawful possession of a firearm, and robbery while armed. Less than a year after Coleman III pleaded guilty for the death of his father, he was charged with prison breach, kidnapping while armed, and assault with a dangerous weapon for an incident that took place in October 2020.

During the Wednesday hearing, Judge Brandt told the prosecution and defense that the US Marshals brought the defendant over from the DC jail, but he refused to get off the bus due to a stomach ache.

Defense attorney Janai Reed apologized to Judge Brandt and asked to reschedule the hearing for next week, so she can talk to Coleman about whether or not he wants to return to court.

Judge Brandt expressed that she believed Coleman was feigning stomach troubles and that he needed to be in court so that she could make a competency finding and arraign him for the 2020 incident. She also stated that if Coleman continues to not to be present, she will set a trial date.

“I’m a little worried this is becoming a pattern,” Judge Brandt said. “Mr. Coleman needs to pull himself together or I’m prepared to make appropriate findings.”

According to court documents, St. Elizabeth’s employees reported Coleman missing on Oct. 4, 2020. He allegedly escaped to a group home on Chaplin Street, SE, where he met up with another defendant on Oct. 7, 2020. Coleman and Edwards met when they were both housed at St. Elizabeth’s.

Coleman and Edwards allegedly went inside the group home and attacked a night-shift worker. According to court documents, Coleman assaulted the employee with tasers, and Edwards stabbed the employee’s hands and took him to the basement. Edwards and Coleman demanded the employee’s cash, credit cards, pins, and car keys. Edwards remained in the basement with the employee while Coleman left the group home with the employee’s credit card and car.

Coleman’s next hearing is scheduled for Aug. 11.

COVID-19 Continues to Delay Hearing As Homicide Case Nears Trial

A motion hearing was delayed yet again, raising concerns that parties will not be ready to begin the homicide trial currently scheduled for Sept. 19.

Eric Beasley, 31, is charged with first-degree murder in connection to the alleged hit-and-run of 45-year-old cyclist David Farewell on the 2100 block of Young Street, SE on Sept. 4, 2020. According to court documents, a female witness accompanying Farewell told police that Beasley made belittling comments towards her at a gas station and then followed the pair down the street. Surveillance footage shows a red Honda Accord that “appears to accelerate and swerve toward the decedent, striking and running over him.”

Beasley was on probation for assault with a dangerous weapon and attempted assault with a dangerous weapon at the time of the homicide.

At the Aug. 2 hearing, DC Superior Court Judge Maribeth Raffinan intended to rule on whether the prosecution could use evidence from the vehicle involved in the hit-and-run, but could not not hear arguments because the defendant is placed under COVID-19 quarantine at the DC Jail until at least Aug. 5.

The motion to exclude evidence from the car was filed on Feb. 28. However, scheduling and logistical issues, including COVID-19 that have continuously delayed the motion hearing.

The hearing was rescheduled as recently as July 21.

Judge Raffinan rescheduled the motion hearing for a seventh time for Aug. 25, which is the earliest date that all parties would be available. Out of concerns on timing, Judge Raffinan asked the parties if she should reschedule the trial for a later date.

Defense attorney Madalyn Harvey strongly objected to making a final decision to reschedule the trial because she has not had the opportunity to discuss the decision with her client and is not able to reach him over a confidential phone line while he is in quarantine.

“My client is entitled to be here,” Harvey said. “I do not believe this is appropriate. I strongly object.”

If Judge Raffinan permits the admittance of the evidence, Harvey said Beasley would have to decide whether to proceed to trial in September without an expert witness or to reschedule the trial to allow for a defense expert witness.

The deadline to notify the court of an expert witness for the September trial has already passed.

If Judge Raffinan disallows the inclusion of evidence from the car, the defense attorney said she does not intend to call an expert witness.

“I ideally would want my client to continue the trial and get an expert witness,” Harvey said. “I can’t subject him to more time of incarceration without discussing the pros and cons.” However, Harvey said she doesn’t know if she would be ready for trial if her client wished to proceed without an expert witness.

Harvey added that she would not object to delaying the trial if Judge Raffinan released Beasley under the High Intensity Supervision Program (HISP).

The prosecution objected to going forward with the trial on Sept. 19, arguing that Harvey should have already discussed the scenario with Beasley.

“Both sides have a right to a fair trial and to prepare for it,” the prosecutor said. “Those phone calls should have happened.”

Harvey refuted the prosecutor’s argument, saying Beasley’s rights should be the preeminent consideration.

“He’s very wrong about that,” she said. “[My client] is incarcerated and is facing first-degree murder charges. He has rights that need to be protected.”

Referring to the impact of the motion’s outcome, Harvey said the prosecution needed to “prepare both ways,” particularly because “this is a motion about government negligence.”

Judge Raffinan did not reach a final decision on whether to delay the trial, opting to reach a final decision of whether to reschedule the trial at the Aug. 25 motion hearing.

“I’m not unsympathetic to the fact that the government has to do a multitude of things to prepare for trial, but I think it’s a bit premature to continue the matter,” she said.

A trial readiness hearing is also scheduled for Sept. 1.

Judge Reschedules Preliminary Hearing in Police Officer’s Child Sex Abuse Case

D.C Superior Court Judge Robert Okun set a new date for a preliminary hearing in a child sex abuse case involving a police officer.

The defendant, 28, is charged with two counts of first-degree child sex abuse. The charges stem from multiple incidents, occurirng from Jan. 2020 and Sept. 2021, where the defendant allegedly sexually abused an 11-year old girl.

According to prosecutors, the defendant, a former Metropolitan Police Department officer serving the First District, allegedly threatened the victim and her mother’s lives if they came forward with the allegations.

Since the allegations, the defendant has been stripped of his police duties and placed on administrative leave.

The defendant – who is currently in quarantine for COVID-19 – was not physically or virtually present for the hearing.

For the preliminary hearing, the prosecution will present one witness: a MPD detective. As part of their testimony, the witness will adopt the affidavit specifying the allegations against the defendant.

Defense attorney Steven Kirsch said he would present multiple individuals to testify to the defendant’s character for release arguments.

The preliminary hearing is rescheduled for Aug. 17.

Homicides Increase in July

There were 11 percent more fatal shootings in July than June in DC this year.

D.C. Witness data shows there were 21 shootings in July. There were 19 fatal shootings in June. In addition to fatal shootings, there was one lethal stabbing.

On July 9, 23-year-old Brittany Palmer was stabbed on the 1600 block of New York Avenue, NE. According to a press release, the offense occurred within an establishment on the block.

Of the 21 shootings, the most recent was an officer-involved shooting on July 30, resulting in the death of 31-year-old Kevin Hartgraves-Shird on the 200 block of Madison Street, NW.

According to a press release, while canvassing an area after two individuals sustained non-life-threatening gunshot wounds, a Metropolitan Police Department officer located and followed a white sedan containing three suspects to the intersection of 2nd Street and Madison Street, NW.

When the suspects fled from the vehicle, the officer saw one suspect with a handgun, according to the release. The officer fired, striking the suspect. Hartgraves-Shird succumbed to his injuries at the scene.

On July 19, four individuals, including 40-year-old William Whittington, 24-year-old Shelton Robinson, 33-year-old Audra Williams, and 57-year-old Charles Davis were killed in separate shooting incidents. Three of those incidents occurred in Southeast, DC. Robinson was shot in Northeast, DC.

The MPD apprehended suspects in two of the incidents, including 33-year-old Alphonso Oliver for allegedly shooting 16-year-old Levoire Simmons on the 700 block of Kenilworth Terrace, NE on July 5 and 30-year-old Anna Payne allegedly shot 69-year-old Marilyn Payne on the 1600 block of Webster Street, NE.

Police are looking for 34-year-old Wonell A. Jones for his alleged connection to the fatal shooting of 33-year-old Audora Williams on the 2900 block of Knox Place, SE.

Judge Releases 2 Homicide Defendants to Home Confinement

During a hearing on Aug. 2, DC Superior Court Judge Milton Lee released two homicide defendants into home confinement and GPS monitoring.

Alonzo Brown, 25, and Naquel Henderson, 25, are charged with first-degree murder while armed and conspiracy to commit a crime of violence in connection to the shooting of 21-year-old Michael Taylor on Jan. 12, 2019, on the 1700 block of Benning Road, NE. Two other people, including a child, sustained significant injuries from the shooting.

Brown and Henderson are each also charged with multiple counts of assault with the intent to kill while armed and possession of a firearm during a crime of violence.

On Aug. 2, the prosecutor asked Judge Lee to change the defendants’ trial date, which had been originally set for Oct. 5, due to co-counsel unavailability.

Brown and Henderson’s defense attorneys, Steven Kiersch and Lisbeth Sapirstein, opposed the prosecutor’s request, citing the length for which the defendants had already been detained.

The two defendants have been detained in the DC Jail since 2019.

The prosecutor consented to releasing Brown and Henderson under the high-intensity supervision program (HISP) with 24-hour home confinement and GPS monitoring as the defendants await their new trial date.

Judge Lee accepted the parties’ requests and set a new trial date for May 6, 2024.

Judge Lee also scheduled an additional hearing on Oct. 5 to check Brown and Henderson’s compliance with their release conditions.

Document: Homicide on F Street, NE

The Metropolitan Police Department is investigating a homicide that occurred on Aug. 1 on the 1500 block of F Street, NE.

According to a press release, officers responded to the location after receiving reports of a shooting. They found six adult males suffering from gunshot wounds. One of those males, 24-year-old Lance Melvin, died on the scene.

The other victims were treated at a local hospital for non-life-threatening injuries.

he Metropolitan Police Department currently offers a reward of up to $25,000 to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for each homicide committed in the District of Columbia. Anyone with information about this case is asked to call the police at 202-727-9099. Additionally, anonymous information may be submitted to the department’s TEXT TIP LINE by sending a text message to 50411.

Judge Allows Homicide Defendant to Leave Home Confinement, Will Rule on Transfer to Juvenile Court

DC Superior Court Judge Maribeth Raffinan decided to allow a homicide defendant to leave home confinement for purposes of employment and education. She did not reach a final ruling on whether his case should be transferred to juvenile court.

Daquan Gray, 20, is charged with first-degree murder while armed in connection to allegedly shooting 15-year-old Jaylyn Wheeler on the 600 block of Alabama Ave., SE, on May 16, 2018. Gray was 16 at the time of the incident but is charged as an adult. The homicide stemmed from an earlier dispute at Ballou Senior High School when another student allegedly threatened Wheeler, according to court documents.

At the Aug. 2 hearing, defense attorney Dana Page advocated to release Gray from home confinement to personal recognizance, citing his “near perfect compliance” since his release on June 30, 2018. The release followed a mandate from the DC Court of Appeals after the court found substantial probability for second-degree murder at a June 11, 2018, preliminary hearing.

“Mr. Gray has been in home confinement for almost four years in a one bedroom apartment where the bedroom is not his,” Page said, adding that Gray has been waiting to get a job and work towards his GED. “Home confinement is no longer appropriate and is certainly not necessary.”

The prosecution did not object to allowing Gray to leave home confinement for purposes of employment or education, but objected to the removal of a GPS device.

“We think that’s keeping the community safe,” the prosecutor said.

Judge Raffinan agreed with the prosecution, ruling that Gray should remain in home confinement except for purposes of employment or education.

“I want to encourage you to do these things,” Raffinan told Gray.

Defense attorney Hanna Perry also argued in support of a motion to transfer Gray’s case to juvenile court, referring to the prosecution’s “unfettered discretion whether to charge sixteen and seventeen-year-olds as adults.”

“The government has been remarkably silent on how they make these decisions about who to pluck out of family court,” Perry said. “The government has decided behind closed doors that Daquan Gray could not be rehabilitated.”

“There’s absolutely no guidance from legislators and no review from the courts,” she added.

The prosecutor refuted Perry’s argument, stating that the seriousness of the offense affords him the discretion to charge Gray as an adult.

“The defendant fatally shot a 15-year-old boy at point-blank range five times in broad daylight,” the prosecutor said. “This was not an impulsive act… This was a defendant who brought a loaded .25 caliber to a fist fight.”

The prosecutor also raised concerns that the court did not have the jurisdiction to make such a ruling.

“The Court of Appeals has the authority to remove binding precedent,” the prosecutor said. “This court does not.”

Judge Raffinan echoed these concerns.

“It sounds like you’re advocating for change,” Judge Raffina said. “Can you tell me why I have the authority to decide it?”

“In almost every state and federal court, the court reviews these decisions,” Perry said.

Judge Raffinan did not reach a final decision, explaining that she needed more time to review the arguments and the case law. She scheduled a status hearing for Oct. 4 to reach a ruling and to set a trial date.

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