Evidence of Juror Misconduct Presented in Hearing Following Guilty Verdict of Co-Defendants

After nearly two months following the guilty verdicts of co-defendants James Mayfield and Robert A. Moses, the court reconvened at a status hearing on Feb. 3 to put forward a motion, suggesting juror misconduct.

After the jury delivered the verdict on Dec. 8, 2022, two witnesses came forward claiming that Moses went to high school with one of the trial jurors.

Mayfield, 23, and Moses, 24, were convicted of first-degree murder while armed, possession of a firearm during a crime of violence, conspiracy, assault with a dangerous weapon, assault with intent to kill while armed, assault with intent to kill with an aggravating circumstance of the victim being vulnerable because of mental or physical infirmity, and aggravated assault while armed for killing 17-year-old Jamahri Sydnor on Aug. 12, 2017.

The co-defendants are currently awaiting sentencing, which is scheduled for June 9.

In the hearing, Mayfield’s defense attorney, Veronice A. Holt explained to DC Superior Court Judge Maribeth Raffinan that Mayfield had told her he needed to tell her something just moments before the verdict was delivered. Holt said she was not made aware of the information about the potential juror misconduct until after the verdict was read.

Moses’ defense attorney, Steven R. Kiersh also added that he was informed of the potential juror misconduct after the verdict was delivered.

He explained to the court that a witness said they went to high school with both Moses and the juror. Additionally, a second witness came forward, after sitting in the audience of the trial, and said they went to the same high school as Moses and the juror.

Judge Raffinan questioned both the prosecution and defense regarding how exactly this information came out. Kiersh said he found out through a “secondary source” and has had no direct contact with the witnesses.

Both the defense and prosecution have multiple unanswered questions regarding the validity of these claims.

The juror in question was present in the courthouse, however, Mayfield’s defense attorney and the prosecution requested to wait until the evidentiary hearing to examine the witness in order to gain a better foundation of the facts.

Kiersh opposed both Holt and the prosecution, stating that it was necessary to ask the preliminary questions to get a baseline understanding for their next hearing.

Judge Raffinan agreed with the prosecution and Holt and scheduled two evidentiary hearings to examine the two witnesses and the juror in question.

The first evidentiary hearing is scheduled for April 7 for the defense to examine the witnesses. The following evidentiary hearing is scheduled for April 24 to examine the juror.

Homicide Trial Pushed Back Over a Year

A homicide defendant’s trial was pushed back to over a year later in a status hearing on Feb. 3.

Kenneth Stewart, 61, is charged with the first-degree murder while armed and assault with a dangerous weapon for allegedly shooting 54-year-old Courtney Jones. The incident occurred in July of 2020 on the 2300 block of Pennsylvania Avenue, SE.

Defense attorney Dominique Winters stated, at the beginning of the hearing, that she had recently done research on prior cases, which led her to raise concerns about possible issues with the Grand Jury.

This research led her to request a delay in the trial, initially set to happen Feb. 21, to further litigate in regards to the issues.

D.C. Superior Court Judge Marissa Demeo stressed to the defendant that this would cause significant delays, and he would be detained in prison all the while these challenges are being investigated.

“I don’t think anyone knows how long this could take,” said Judge Demeo.

Winters assured the judge her client was aware of what this means for him.

The original trial date was vacated.

The prosecution, defense, and judge were all unavailable until 2024, so the next trial date was set for July 9, 2024.

The next hearing is set for Feb. 13.

Parties Discuss Trial Readiness Dates for Upcoming Homicide Trial

A trial readiness hearing was held for an upcoming homicide trial to discuss deadlines and witnesses.

Nelson Davis, 19, is charged with second-degree murder while armed and possessing a firearm during a crime of violence offenses committed during release for allegedly shooting Jason Ford on the 1700 block of West Virginia Avenue, NE on Aug. 15, 2022.

In a Feb. 3 trial readiness hearing, both the defense and the prosecution discussed matters for an upcoming jury trial, including…..

DC Superior Court Judge Rainey Brandt began setting preliminary trial readiness deadlines for motions and expert notices.

The prosecution expects the trial to last four to five days, expecting one expert witness and 8-10 other witnesses to testify.

The defense also expects one expert witness and 3-4 other witnesses to take the stand.

Both parties are scheduled to come back on March 31 for a status hearing. The motion due date is set for May 5 as well as the expert notice due date.

A motions hearing date is set for June 23.

Plea Bargain Upsets Victim’s Family in Homicide Case

A victim’s family and friends spoke out against a plea deal in a homicide case during a trial readiness hearing on Feb. 3.

Collin Potter, 30, is charged with the second-degree murder of 36-year-old Vongell Lugo. Potter, a former Navy Corpsman, stabbed Lugo to death on Jan. 6, 2019, on the 2800 block of Wisconsin Avenue, NW.

The court offered Potter a plea deal, which would drop all additional charges other than second-degree murder. This includes kidnapping and first-degree sexual abuse. By accepting this deal, Potter would spend 14-16 years in prison.

Potter accepted this offer.

Lugo’s lifelong friend, behalf of the family, said the victim’s family believes the range of time Potter received in prison does not match the crime, and that he is a danger to society.

“Vongell was a friend, son, brother, uncle, and he will not live the rest of his life,” said Lugo’s friend.

The family wants Potter to receive the maximum sentence, which is up to 40 years in prison, the friend said.

Lugo’s friends and family also believe that the court is overlooking vital information that would lead to a first-degree murder charge.

“Nothing could have provoked that type of reaction,” said another one of Lugo’s friends.

D.C. Superior Court Judge Marisa Demeo accepted the plea for today, but noted her final decision would be made at the next hearing. She assured the victim’s friends and family that she would take their statements into account.

The next hearing is set for April 14.

Trial for 2011 Sex Abuse Case Moved to 2024

Scheduling conflicts with the defense in a sex abuse case pushed the initial trial date back more than a year.

The defendant, 42, is charged with six counts of first-degree sexual abuse where the defendant has been found guilty of committing sex offenses against two or more victims. He allegedly broke into a home and sexually assaulted an 11-year-old child in October of 2011 on the 3000 block of Stanton Road, SE. The defendant is also charged in another case involving the allege sexual assault of a 10-year-old child in September 2011 in an Oxon Hill residence in Maryland.

D.C. Superior Court Judge Marisa Demeo asked the prosecution about DNA updates.

The prosecution stated that the DNA has not moved forward due to outside issues, but it would not cause delays in the trial date.

However, the defense had a scheduling conflict with another trial, so the defendant’s trial needed to be moved regardless.

The initial trial date of Feb. 8 was vacated. The trial was ultimately moved to Oct. 28, 2024.

The next hearing is set for July 14.

Status Hearing Date Set for Upcoming Grand Jury Trial

Both the defense and prosecution met to provide their updates on each side of the case for an impending homicide trial.

Delonte Jackson, 23, is charged with second-degree murder while armed in connection to the murder of 44-year-old Artavarn Wagner on March 3, 2022, on the 1700 block of Gales Street, NE. Jackson allegedly stole the victim’s car after shooting him. Jackson’s DNA was found on the car’s steering wheel, according to court documents.

During the hearing on Feb. 3, the prosecution and defense set a date for an upcoming status hearing on this case.

The prosecutor is seeking an indictment and asked for another hearing in April.

The defense had no objection.

“This is a case where plea negotiations are continuing,” said defense attorney Megan Allburn.

DC Superior Court Judge Rainey Brandt set the next status hearing for April 13.

Defendant Unable to Attend Hearing Due to Conflict at DC Jail

DC Superior Court Judge Robert Okun ruled at a felony status conference hearing on Feb. 3 that the hearing should be rescheduled due to an undisclosed issue at the DC Jail, leaving the defendant unable to attend.

Marcus Barringer, 31, is charged with second-degree murder while armed for allegedly murdering Rashad Davis, 32, on May 6, 2022, on the 2300 block of Nicholson Street, SE.

Defense attorney Lisbeth Sapirstein said the hearing should be moved because of discussions that Barringer may wish to represent himself with Sapirstein as his advisor.

The prosecution had no objections and agreed the hearing should be moved.

The parties are scheduled to return for a felony status conference hearing on Feb. 10.

Judge Reduces Release Conditions for Homicide Defendant

DC Superior Court Judge Robert Okun reduced the release conditions for a homicide defendant in a felony status conference hearing on Feb. 3.

Gary Rush, 40, is charged with second-degree murder for allegedly killing Keena Dowtin on Sep. 20, 2020, at Fort Dupont Drive and Fort Davis Drive in Southeast, DC. Rush has been under the high intensity supervision program (HISP) since January of 2022.

Pretrial services stated that Rush has been compliant, checking in once per week in person.

Defense attorney Nathaniel Mensah requested that Rush check in with pretrial services by phone in order to avoid disrupting the defendant’s work schedule.

The prosecution suggested a hybrid compromise where Rush would check in by phone weekly and in person once per month.

Judge Okun granted the change in release conditions, ordering the defendant to check in with pretrial services in person once a month and otherwise by phone.

Rush is scheduled to return to court on March 3.

Judge Orders Attorney of Man Convicted of Sex Abuse to Bring Him to A Medical Facility

During a Feb. 2 hearing, after DC Superior Court Judge Rainey Brandt was notified that a sex abuse defendant was not in full compliance of his probation conditions, she ordered his attorney to take him to an urgent care center following the court hearing.

On Nov. 16, 2022, Josue Salmeron was discharged from jail after he pleaded guilty to a misdemeanor charge for sex abuse of a child or minor in January of 2022. The defendant was initially sentenced in June of 2022, but the sentence was amended in November to three years of supervised probation with other conditions, including registering as a sex offender, attending an inpatient drug treatment program, attending a sex offender counseling group, and receiving a mental health screening and evaluation if deemed necessary by the Court Services and Offender Supervision Agency (CSOSA).

A representative from the CSOSA agency said he would arrange for the 20-year-old defendant to have a mental health and drug assessment.

The defendant was permitted to continue living with his mother. Since moving back in with his family, the defendant has taken both good and bad actions, the representative said.

He is in a stable household, has weekly visits three times a week, and communicates effectively, the representative said.

The defendant said he also has a job at Panera Bread, but he hasn’t given CSOSA a copy of his pay stub for proof of employment.

Salmeron has also attempted to receive therapy for sex offenders, but the clinician has missed appointments and the defendant is awaiting a new appointment date.

Along with this news, the representative said the defendant has also failed to report for drug testing five times since November 2022, when he was initially released.

The representative said he worries that the defendant struggles to complete tasks on his own and has no sense of value. He said the defendant has displayed signs of deep depression symptoms.

The prosecutor emphasized the advances in the defendant’s compliance in important areas with finding employment. He says that getting a job can make it easier for him to live on his own since the defendant lives in the same house as the victim.

However, he still needs to comply with other requirements, the prosecutor said.

Johnathan Lanyl, the defendant’s defense attorney, said the defendant is seeking a means of numbing his suffering and suggested hiring psychologists to improve his mood.

According to court documents, Salmeron engaged in sexual contact, which included touching an 11-year-old child’s breasts on two occasions in 2021.

Judge Brandt required the defendant to provide the CSOSA representative with proof of employment and documentation of mental health intervention prior to the next court date.

She emphasized that she is willing to try and work with him and that she won’t give up on him.

Because Salmeron demonstrated that he will not permit himself to feel better, Judge Brandt requested that he one day be able to stand up and look in the mirror at himself.

The next court date was scheduled for March 2.

Defense Requests to Reschedule Hearing After Private Conversation with Judge

After a confidential conversation with D.C. Superior Court Judge Robert Okun, a murder defendant, and his attorney decided to reschedule their Feb. 2 hearing.

Jacobi Williams, 35, is charged with first-degree murder, armed carjacking, assault with intent to kill, and three counts of possession of a firearm during a crime of violence all while on release in connection with the alleged shooting of Phillip Roache, 38, on Sept. 17, 2022 on the 7000 block of 5th Street, NW.

Williams and his defense attorney Marnitta King spoke privately with Judge Okun while in court. The details of that conversation, unknown to the rest of the parties, led Williams and King to postpone the hearing in which he would decide on his waiver of his rights to conduct DNA testing on test the prosecution’s evidence.

According to court documents, after officers arrived on the scene they discovered two victims, one with a graze wound to the midsection of his body and Roache with 10 sustained gunshot wounds.

The trial is currently scheduled to begin on July 24, however, Judge Okun warned the defense that he was unable to accommodate that date. He said he could give the case to a judge who could accommodate the trial date currently set.

The defense didn’t wish to change judges, so they decided to reschedule the trial to begin on Sept. 5, estimating it would last about a week.

All parties are scheduled to reconvene on March 8.

Murder Defendant Unable to Appear Due to Positive COVID Test

Due to a positive Covid-19 test, a murder defendant was quarantined at the DC Jail and unable to appear in person or virtually for his status hearing in front of D.C. Superior Court Judge Robert Okun.

Ranje Reynolds, 25, is charged with first-degree murder while armed in connection with the shooting of 27-year-old Tarek Boothe that occurred on Jan. 31, 2022. According to a press release, Metropolitan Police Department (MPD) officers responded to a reported shooting on the 3200 block of M Street, NW. They found Boothe with a single gunshot wound to the head in his left eye. He was pronounced dead at a local hospital.

Reynolds was unable to appear in court today due to a member of his cell block unit testing positive for Covid-19, causing the entire unit to be quarantined.

Reynolds’s defense attorney, Cheryl Stein, spoke with the prosecution and court clerk before Judge Okun entered the courtroom to find the closest date to reschedule the hearing.Three of Reynolds’s family members flew into D.C. for this hearing.

Judge Okun agreed to accommodate the defense’s request and reschedule the hearing for Feb. 10. All parties are to reconvene then.

Reynolds’s in-person presence is not guaranteed, depending on if more members of his cell block test positive, consequently resetting the quarantine clock. However, this will give the court and the defense more time to arrange for his virtual appearance if necessary.

Defense Attorney Alerts Judge of Intent to File Motion to Sever

Five co-defendants appeared in front of D.C. Superior Court Judge Robert Okun on Feb. 2 to continue preparing for their trial.

Erwin DuBose, 28, and Kamar Queen, 25, are charged with 21 counts, including first-degree murder, assault with intent to kill while armed, possession of a firearm during a crime of violence, conspiracy, unlawful possession of a firearm, and assault with significant bodily injury while armed in connection to the shooting of Donetta Dyson, 31, Keenan Braxton, 24, and Johnny Joyner, 37. Three other victims were injured in the alleged shooting.

Damonta Thompson, 26, is charged with first-degree murder, assault with intent to kill, conspiracy, and assault with significant bodily injury while armed.

Toyia Johnson, 50, and Mussye Rezene, 30, are charged for allegedly tampering with physical evidence and for being an accessory while armed after the incident occurred.

Johnson’s defense attorney, David Akulian, informed Judge Okun that he intended to file a motion to sever Johnson from her co-defendants as her charges are significantly less than theirs, and she was not present at the scene of the crime.

Queen’s defense attorney, Brian McDaniel, informed the prosecution that he would be reaching out on behalf of his defendant to obtain the paperwork needed to get Queen’s glasses, currently being held in evidence, back to him as he awaits trial.

The alleged shooting occurred on Sept. 4, 2021, on the 600 block of Longfellow Street, NW. An officer of the Metropolitan Police Department (MPD) was in the area when he heard gunshots. He canvassed the area and located six victims.

Dyson, Braxton, and Joyner, while en route to a local hospital, succumbed to their injuries. The three remaining victims arrived at the hospital, were treated for their injuries, and have since been released.

The defense attorneys for the co-defendants have yet to receive the prosecution’s evidence for this case. They requested that Judge Okun schedule the next hearing far enough in advance for them to receive and review the evidence.

All parties are scheduled to return to court on April 14 for a status hearing. The trial is set to begin in April 2024.

Defendant Arraigned on Indictment Charges in Murder Case

A murder defendant was arraigned on multiple indictment charges during a Feb. 2 hearing.

Christian Johnson, 31, is being charged with first-degree murder in connection to a shooting that occurred on the 1000 block of Kenilworth Avenue, SE on Nov. 25, 2021. The shooting resulted in the death of Lavonte McCloud, 25.

Both McCloud and Johnson are said to be the father of children to the same woman. Witnesses said there was a tense relationship between the two.

According to the Metropolitan Police Department (MPD), McCloud is also said to have been a validated member of the Kenilworth Crew, a neighborhood group known to police.

Johnson is currently released to home confinement.

Defense attorney Dominique Winters was hesitant to set a date for trial without reviewing relevant information and opted not to at this hearing. In addition, Winters made two requests of modification to her client’s home confinement conditions in order for Johnson to meet with her and to get a haircut.

DC Superior Court Judge Robert Okun accepted the request for counsel meetings, but rejected the request for a haircut.

The prosecution and Judge Okun said they believe the defendant is too dangerous to be in public at this time.

The next hearing was scheduled for March 17.

3 Co-Defendants in a Murder Case Waive Right to Independent Testing

Three murder defendants waived their right to independently test DNA evidence on Feb. 2 ahead of their trial.

Vorreze Ricardo Thomas, 25, and Delonta Stevenson, 27, are charged with first-degree murder while armed premeditated in connection to the fatal shooting of 31-year-old Terrance Allen on Jan. 18, 2021, on the 3000 block of Stanton Road, SE.

Alongside them, Brianca Phillips, 25, is charged with conspiracy, first-degree murder while armed, and possession of a firearm during crime of violence.

According to the prosecution, more than 100 pieces of evidence were collected in the case and tested for DNA evidence. The results of those tests were returned and shared with all defense attorneys.

According to the three attorneys, none of the defendants will go through with independent DNA testing of the evidence. They all understand the implications of their decision to waive their rights.

The trial is set to begin on May 15, and the next status hearing is scheduled for April 7.

Judge Releases Homicide Defendant to Home Confinement

On Feb. 2, DC Superior Court Judge Maribeth Raffinan released a murder defendant to house arrest.

Desmond Gaskin, 37, is charged with second-degree murder for allegedly shooting 40-year-old William Whittington Jr. on July 19, 2022, on the 400 block of Burbank Street, SE.

The order for release came after Judge Raffinan found probable cause on Feb. 1 that Gaskin could have committed the offense.

A prosecutor said Gaskin was eligible to be released to his mother’s home under the High-Intensity Supervision Program (HISP).

Judge Raffinan agreed with the terms of release, which included ankle monitoring.

Gaskin is to be released Thursday. He will have to return back to court Friday, Feb. 3, for an orientation.

Judge Raffinan scheduled a follow-up to check the defendant’s compliance to determine if he is eligible to be released from the program.

The next hearing is scheduled for March 3.

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