Judge Grants Continuance in Homicide Case Due to Defendant’s COVID Quarantine

DC Superior Court Judge Robert Okun granted on Oct. 14 a continuance for a sentencing for parties involved in a homicide case due to the defendant being quarantined at the DC Jail.

Rasheed Young, 44, is charged with two counts of second-degree murder while armed. Young shot 26-year-old Cedric Rogers on June 11, 1996, on the 300 block of Franklin Street, NE. He also shot 39-year-old Ronald William Richardson, Jr. on May 18, 2018, on the 2300 block of 4th Street, NE.

The sentencing hearing has been continued for Oct. 28.

Judge Delays Upcoming Murder Trial for Mass Shooting Defendants

During a status hearing on Oct. 14 DC Superior Court Judge Robert Okun delayed the trial that was originally set for November to begin in late 2023.

Aaron Adgerson, 19, and Terrance Oxner, 23, are charged with first-degree murder while armed in connection with a mass shooting took place on the morning of Jan. 25, 2021, outside the New 7 Market on the 1400 block of Good Hope Road, SE. The shooting claimed the life of 22-year-old Edward Wade and injured several others.

The prosecution expressed that trying the defendants together would be best.

The trial for the defendants is anticipated to last for about four to five weeks. According to counsel, there will be 60 witnesses.

Adgerson’s defense attorney Michael Madden does not plan on having any DNA tested.

However, Oxner’s defense attorney Madalyn Harvey said she will be doing independent DNA testing.

Harvey filed motions for information she needs from the prosecution and said she would like a response sooner rather than later.

The prosecution said that it will take some time to look over everything that the defense is requesting and requested at least a month to respond.

Judge Okun said the prosecution’s response was due by the next hearing date, which is scheduled for Oct. 28.

Case Acquitted: Murder Defendant Waives Rights to Independent DNA Testing of Bloodied Crime Scene Evidence

Tierra Posey was acquitted of all charges on March 20, 2024.

DC Superior Court Judge Marisa Demeo confirmed Oct. 14 that a homicide defendant understood the implications of her decision to waive her right to independent DNA testing.

Tierra Posey, 24, was arrested and charged with second-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business in connection to the fatal shooting of 21-year-old Tia Carey on Jan. 6, 2020, on the 3700 block of Minnesota Avenue, NE.

During the Friday hearing, the prosecution reviewed the crime scene evidence in question, namely, the victims clothing and jewelry and the defendant’s sweatshirt, both of which contain suspected blood.

The prosecution and Posey, who is represented by defense attorney Kevann Gardner, decided not to conduct DNA testing of the evidence.

Judge Demeo reminded the defendant that if DNA testing is not performed at this stage, then it cannot be requested later.

According to court documents, the victim and defendant engaged in a verbal altercation before turning physical upon a chance meeting at a Valero gas station. As witnesses on the scene attempted to pull the two away from each other, the defendant allegedly fired two shots at the victim.

The trial date is set for June 28, 2023, and the next hearing is set for Feb. 3, 2023.

Read more about this case, here.

Former MPD Officer Charged With Child Sex Abuse Released from Virginia Jail

A defendant, who was arrested and charged with two counts of first-degree child sex abuse on July 14 for continuously assaulting a child aged 9 to 11 between January 2020 and September 2021, was released from a Virginia jail.

On Oct. 13, DC Superior Court Judge Robert Okun released the 28-year-old defendant on his own personal recognizance under the High-Intensity Supervision Program (HISP).

The police warrant describing the alleged offenses was not available via the public court document portal. DC Witness obtained a copy from official court sources.

The allegations described in the warrant cover one to two years but another witness reported the victim told them the abuse lasted three.

According to court documents, the defendant would ask the victim, his stepdaughter, to wear a blindfold and play a taste-testing game. The defendant would allegedly place his penis in her mouth.

On later occasions, the defendant reportedly assaulted the victim without a blindfold for the game. The victim also told officers at the Metropolitan Police Department (MPD) that the defendant would grope her, which sometimes led to anal sex.

The victim said she was assaulted when her mother left the house. She also reported the defendant would feed melatonin gummies to her brother to keep him asleep. She told police she was afraid of the defendant because he threatened to shoot her, her mother and her brother if she said anything about the abuse. The victim also reported she tried to kill herself on July 8 and wrote about her abuse in a diary.

“You know,” she wrote in a July 11 entry documented by MPD, “life is a goddang horror show. NO ONE feels what i feel [sic] … CJ raped me…i feel traumatized…it’s like im trapped in a box. the person that is supposed to love me and protecting me..i miss you grandma… [sic]”.

MPD Youth and Family Services Department detectives were able to corroborate the victim’s story through witness statements from the victim’s mother, who found the blindfold described by the victim—red on one side, black on the other, made of satin or silk—in the victim’s closet. The victim also said she told her friends but then retracted, saying she was “kidding.”

Defense lawyer Steven Kiersch filed two motions to suppress evidence at the beginning of October, arguing the request for witness statements and the defendant’s iCloud data were overboard, and a violation of the defendant’s constitutional rights. A judge has yet to rule on this motion.

On July 15, DC Superior Court Judge Tanya Bosier rejected a request for pretrial release and held the defendant in custody. According to court documents, U.S. Marshals contacted the court on July 27 requesting the defendant be held somewhere other than the DC Jail due to safety concerns.

Judge Bosier granted the request on July 18, modifying the initial commitment order to recommend the defendant be transferred to Northern Neck Regional Jail in Virginia.

In a motion for release, Kiersch stated there was no DNA or forensic evidence linking the defendant to the allegations. Kiersch said his client was a 25-year veteran of the MPD and offered several references to family and friends who penned letters testifying to the defendant’s good character and saying they would all show up to his preliminary hearing.

Kiersch also emphasized that the defendant has no prior arrests or criminal offenses.

Judge Okun found probable cause for both of counts of first degree child sex abuse when prosecutors presented evidence during a preliminary hearing on Aug. 17.

The case is pending a Grand Jury indictment. A jury trial has been scheduled for March 27, 2023.

Document: 15-Year-Old Fatally Shot in Northeast, DC

Metropolitan Police Department detectives are investigating a homicide that occurred on Oct. 13, on the 500 block of 48th Place, NE.

According to a press release, at about 3:40 pm, officers located 15-year-old Andre Robertson Jr. suffering from apparent gunshot wounds. He was pronounced dead at a local hospital.

Defense Motions to Preclude Medical Examiner’s Photos from Murder Trial

During an Oct. 13 hearing, defense attorney Sean Sukumar filed a motion to preclude a medical examiner’s photographic evidence from the trial.

Malik Holston, 20, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in connection to the shooting of 15-year-old Gerald Watson on the 2900 block of Knox Place SE on Dec. 13, 2018.

Sukumar filed a motion to preclude the medical examiner’s photographs of the victim’s autopsy. He stated that the 34 images, which show the victim’s 17 gunshot wounds, were to “purely [inflate] the passions of the jury.”

The prosecutor challenged the defense, saying the photos are relevant because they help prove that this was a premeditated and deliberate murder.

Sukumar said that the prosecution is “having the jury see photos that won’t necessarily help them understand the case.”

DC Superior Court Judge Rainey Brandt said she would not provide a ruling on this issue yet.

The next status hearing is scheduled for Oct. 18.

Judge Files Order for Criminal Responsibility Exam in Sex Abuse Case

During an Oct. 13 status hearing for a 2020 sex abuse case, DC Superior Court Judge Rainey Brandt evaluated a defendant’s competency to proceed with trial.

The 56-year old defendant is charged with first-degree sex abuse while armed with a dangerous weapon, kidnapping while armed, and assault with a dangerous weapon.

The defendant expressed his desire to undergo a Not Guilty by Reason of Insanity Defense (NGRI), which assesses the defendant’s mental state at the time of the alleged crime.

“When the crime occurred I wasn’t in the right state of mind,” the defendant said. “I’m not saying that I committed the crime.”

Defense attorney Andrew Ain also considered the possibility of a bifurcated, or two stage, trial that would determine the defendant’s guilt and his sanity.

Judge Brandt granted the defendant’s request and filed an order for a Criminal Responsibility Examination.

The next status hearing is scheduled for Dec. 16.

Judge Sets Trial Date for Homicide Case

DC Superior Court Judge Maribeth Raffinan set a date for a homicide case to go to trial during an Oct. 13 hearing.

Johnwann Elliot, 29, was charged with first-degree murder on May 20 in connection with the March 15 shooting death of Nikia Young on the 2200 block of Minnesota Avenue, SE. Young, 37, was shot seven times in the body and face.

The case has yet to be indicted, Judge Raffinan noted, reminding the prosecutor she has until February to finalize the charges against Elliot.

Defense attorney Roderick Thompson said he would like to check in with the court once before the indictment deadline. Judge Raffinan scheduled the next felony status conference for December.

“The parties have never been in plea negotiations in this matter,” Thompson continued. “It’s my understanding that this will be a trial matter.”

He asked Judge Raffinan to set a trial date now, before the parties’ schedules for 2023 fill up with other matters. “The court’s schedule, I’m sure, is extremely packed. My schedule is packed. The government’s is packed,” Thompson said.

Judge Raffinan set a date for the trial to begin on Nov. 13, 2023.

Thompson also noted that the preliminary hearings revealed that witnesses had “conflicting accounts and reasons to curry favor.” At his request, Judge Raffinan reminded the prosecutor of her obligations to disclose any evidence she finds in her investigation that would contradict her case or suggest Elliot’s innocence.

Court documents, containing witness interviews and surveillance footage reports, give several conflicting descriptions of the suspect. The surveillance footage, according to the documents, depicted the suspect getting off a bus after seeing Young. Two minutes later, he is seen sprinting away from the scene of the shooting, catching up to the bus, and boarding it again.

Two days after the shooting, police detectives followed up with one witness, who identified Elliot as the shooter. The witness was friends with Young, according to court documents, and knew that Elliot “stayed strapped” and was mad at Young for taking one of his guns. The witness provided detectives with a photo of Elliot, which was identical to a photo that one of Young’s relatives had already shown them.

After obtaining a warrant, officers found and arrested Elliot in a hotel on May 19. After arresting him, they found clothes consistent with what the shooter was wearing in the surveillance footage.

The parties are scheduled to return to court on Dec. 17.

Murder Defendant Seeks to Represent Himself

During an Oct. 12 preliminary hearing, a homicide defendant filed a motion to represent himself due to dissatisfaction with his defense attorney.

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.

“I studied law since I’ve been incarcerated,” Barringer said.

DC Superior Court Judge Robert Okun inquired if Barringer was dissatisfied with the services provided by his defense attorney, Kevin Mosley. Barringer confirmed this and stated that he previously represented himself when facing weapon charges in Virginia.

Judge Okun allowed Barringer to represent himself and ordered that Mosley remain as standby counsel.

During Wednesday’s hearing, the prosecutor presented video evidence of the defendant exiting a Camaro near the scene of the crime wearing a black long sleeve shirt, black pants, a bright yellow safety vest and red sneakers. A Metropolitan Police Department (MPD) detective testified that the suspect in the video footage was wearing the same clothing as the defendant during his arrest.

During cross examination, Mosley requested access to the full video footage as opposed to the portion the prosecution presented during the hearing.

He also said the video reveals another individual fleeing the scene of the shooting and highlighted how this individual has not been identified by the MPD detective.

Mosley also emphasized that Barringer had no prior acts of violence or feelings of animosity towards the victim.

The prosecution opposed sharing the complete video footage due to her responsibility to safeguard the witness’s privacy.

Mosley challenged this “frivolous claim of witness endangerment” and Judge Okun allowed disclosure of the videos, permitting the prosecution to redact them if necessary.

Judge Okun ruled that the evidence against Barringer was enough to bring his case to trial. He found probable cause that Barringer committed second-degree murder while armed, saying the “weight of the evidence is neutral” but the nature of the offense and Barringer’s prior charges weigh in favor of detention.

As a result, Judge Okun decided to detain Barringer.

The next hearing is scheduled for Nov. 17.

Judge Sets Next Hearing for Homicide Defendant

After the defense disclosed that the prosecution’s plea offer was rejected, DC Superior Court Judge Milton Lee scheduled another hearing date for a murder defendant.

Javon Duckwilder, 25, is charged with first-degree murder while armed of allegedly shooting 23-year-old Juwan Smith on Oct. 23 on the 2800 block of Alabama Avenue, SE. The Metropolitan Police Department responded to a call of an individual suffering from a gunshot wound. Smith was found on the scene and immediately transferred to a local hospital where he was pronounced dead.

In July, the prosecution said there is a substantial amount of surveillance footage collected from a gas station near the crime.

The defendants have not been indicted for this case as of Thursday. D.C. Witness previously reported that Judge Lee told counsel that preference for scheduling trial dates was given to cases that received indictments.

The prosecution is still working on securing an indictment.

The next court hearing is scheduled for Jan. 17.

Read more about this case, here.

Defense Requests Prosecution Share Jail Call Reports

During an Oct. 12 motion hearing, a defense attorney said the prosecution violated the rules in regard to jail call reports.

James Mayfield, 22, and Robert Moses, 23, are charged with first-degree murder, assault with the intent to kill, and aggravated assault while armed for allegedly shooting of 17-year-old Jamahri Sydnor and three others on Aug. 10, 2017. Sydnor succumbed to her injuries at a local hospital.

The jail calls were exchanged between an incarcerated witness and two other witnesses. The witnesses conversed about the shooter’s identity during these phone calls, according to transcript from the Grand Jury in October 2018.

Mayfield’s defense attorney, Veronica Holt asked the prosecution to provide an un-redacted list of the jail call reports because it is difficult to find valuable conversations. However, the prosecution said instructions were given on how to decipher the redacted reports.

Holt also said the report didn’t capture all of the calls. She said the “lost” calls violated one of the rules of criminal procedure by failing to preserve and disclose the report to defense counsel.

But the prosecution clarified that the report, in their possession, was the original copy from the Department of Corrections. The department does not have to preserve any evidence because it is not an investigative entity. Preservation of evidence only applies if it’s in the physical presence of the prosecution, the prosecutor said.

Baltimore Witness previously reported that Moses and Mayfield approached the intersection of Montana and Saratoga Avenues, NE allegedly armed with .40 and .45 caliber handguns. The defendants allegedly fired over ten rounds at people standing on Saratoga Avenue. One of the bullets struck Sydnor in the head as she was driving. Three other bystanders were also injured by stray bullets.

DC Superior Court Judge Maribeth Raffinan waived the presence of both defendants for the next hearing scheduled on Oct. 13.

Read more about this case, here.

Defense Attorneys Question Validity Of GPS Expert

On Oct. 12, defense attorneys questioned the validity of a GPS tracking expert the prosecution summoned to establish a homicide defendant’s guilt.

Derek Turner, 31, and his co-defendant Ronnika Jennings, 44, are charged with first-degree murder while armed, possession of a firearm during a crime of violence, and conspiracy in connection with the shooting of 28-year-old Andrew McPhatter on March 5, 2017, on the 3500 block of Wheeler Road SE. Jennings is specifically accused of sharing information with Turner during her time working as a clerk for the Metropolitan Police Department (MPD).

The third co-defendant Duan Hill, 33, is charged with conspiracy and obstruction of justice.

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.

One witness, an expert in GPS tracking verified Turner’s GPS signal through his ankle worn monitor. The verotracks or blue tag monitor received satellites in the sky providing position and time accuracy on a map. It appears as a dot for one minute in time for the latitude and longitude.

The prosecution showed a spreadsheet containing Turner’s tracking ID number, first and last name, serial number for the GPS monitor, longitude and latitude, battery percentage, satellite in view, and more.

The device number was placed in front of a place called the “Wheeler Market” on Nov. 23.

The prosecution noted that even though Turner’s GPS monitor placed him at home from Dec. 1-13, surveillance footages places him at Wheeler Market. The expert said this fit caught his eye.

Wheeler Market is within walking distance of where McPhatter and Hall were killed.

Despite the witness’s declared expertise, the defense questioned his validity in providing GPS location information because he hasn’t obtained a bachelor’s degree or post-secondary education in GPS tracking.

An investigator from the Narcotics Enforcement Unit was also called to verify a body-worn camera video.

The footage showed a car that was located in the back of a parking lot. The car was backed in and parked on the curb. The back left door appeared to have bullet holes through the window, the investigator said.

The investigator said he was receiving medical supplies to give aid to a man found in the car who was suffering from apparent gunshot wounds to the chest. The officer said, “stay with me” later followed “keep breathing” as he used shears to cut off the victim’s clothes and adhere medical chest pads. The victim was pulled out of the car and given CPR until the paramedics arrived.

According to a deceptive, obituaries found in the car led to funeral books with names from a MPD suspect list, including Turner and his associates.

DC Superior Court Judge Marisa Demeo said the book was “not an utterance, this is a writing.” It is wrong to assume they were actually present without them being verified by someone. Family members could have easily written their names, she said.

A 911 caller, who reported the shooting, identified an apparent shooter outside of the vehicle after she heard gunshots. The caller said the shooter got into a white Lexus with paper tags.

At a Sept. 27 hearing, it became apparent that Turner owned a white Lexus with paper tags.

The car was involved was shot at while Turner was visiting with his probation officer.

When the car was searched, police found a black mask, blue jacket, a pistol with a loaded magazine, a bullet casing and target practice posters used at gun ranges.

The trial was scheduled to resume on Oct. 13.

Additional Witnesses Introduced Day Before Homicide Trial

Both parties sought to include additional witnesses and evidence during an Oct. 11 motion hearing in preparation for an upcoming murder trial.

Each party claimed the other’s new witness was introduced without timely notice, and DC Superior Court Judge Maribeth Raffinan asked that proper notice be filed for both by the end of the day, with jury selection set to start tomorrow.

On Aug. 10, 2017, Robert Moses, 23 and James Mayfield, 22, approached the intersection of Montana and Saratoga Avenues, NE while allegedly armed with .40 and .45 caliber handguns. Collectively, the defendants allegedly fired over ten rounds at people standing on Saratoga Avenue. One of the bullets struck 17-year-old Jamahri Sydnor in the head as she was driving, killing her. Three other bystanders were also injured by stray bullets.

During Tuesday’s hearing, Moses’ defense attorney Steven Kiersh, raised a concern about a witness that the prosecutors had just announced their intent to call. Kiersh said he wasn’t notified in time about the witness, who is a DNA expert. He also mentioned concerns about the expert having biases.

The prosecutor said the expert would only be called if the defense attempted to undermine the credibility of their first DNA expert witness. She also noted the defense’s failure to file notice about their own witness in time, saying “if we’re going to be worried about Rule 16 notice, the defense should work on that.”

The defense’s witness, an expert in cell phone tower data, was most likely only going to act as a consultant, Kiersh clarified.

He wanted him added to the witness list, though, in case he disagreed with the prosecution’s cell site expert witness.

The prosecutor remarked that “the notice requirement goes both ways,” and Judge Raffinan ruled that they would both have to provide their formal notices relating to the new witnesses by 8:30 that evening.

Parties also discussed the prosecution’s motion to introduce witness testimonies and evidence related to guns found inside Moses’ mother’s house as well as an Aug. 9, 2017, altercation involving the defendants.

One witness, a friend of the defendants, had been staying with Moses in his mother’s basement prior to Sydnor’s murder.

The prosecutor said she plans to question the witness on search warrants conducted in that basement, which revealed two hiding spaces, one containing two guns. The other spot reportedly contained ammunition for a .40 caliber gun, the same caliber used in Sydnor’s murder. An empty .40 caliber gun box was also found in the house.

The prosecution stressed that because this witness was “dirtying himself up” alongside the defendants, he was unlikely to be lying in his grand jury testimony.

Mayfield’s defense attorney Veronice Holt disagreed with this characterization of the witness, saying it was in fact self-serving.

The witness is “Mr. .45,” Holt said—he owned and sold many .45 caliber guns, one of which was recovered at the scene,” Holt said. “The prosecution is trying to take that association from the witness and give it to my client.”

Holt referenced Moses’ mother’s initial testimony, in which she described Mayfield as “not a regular visitor” at her house, unlike Moses and the witness.

Holt emphasized that there was no evidence linking Mayfield to any of the guns in that basement. She asked Judge Raffinan to explicitly request that the jury not use the search warrant evidence against Mayfield, to which the judge agreed.

Holt also requested that eyewitness testimony from the Aug. 9 altercation be excluded.

According to court documents, an eyewitness observed the defendants and their same friend exiting a gold Honda.

In their initial testimony, the witness recalled very few details from the incident, merely that gunshots were fired, and the same trio ran back to the Honda shortly after.

Later, the witness was shown an officer’s body camera footage. The footage led the witness to amend their testimony, clarifying that after exiting the car, the trio jumped a nearby Saratoga man and started chasing him around. According to the witness, the Saratoga man fired three gunshots as a warning, and the trio ran off.

Given that this body camera footage has since been destroyed, Holt contended the testimony was “not clear or convincing evidence.” With no other eyewitnesses to the event, she insisted that a single eyewitness’ uncorroborated report should not be admitted.

Judge Raffinan disagreed, given the substantial weight of the testimony. The Aug. 9 incident indicated that heightened crew rivalry might have motivated Moses and Mayfield’s Aug. 10 shooting, instilling in them an intent to kill.

The defense also motioned for any references to the defendants as gang-members, or their Langdon Park friend group as a gang, be omitted during the trial. Kiersh expressed concern at the loaded and incendiary nature of the word “gang”; specifically, its potential to “turn the jury against my defendant.”

The prosecution agreed to refer to the defendants’ group as a “crew” but still requested permission to reference the decades-long violent “beef” between the Langdon Park and Saratoga neighborhoods. According to prosecutors, numerous anonymous residents of each neighborhood insisted that fights and shootouts between the two regularly take place.

Judge Raffinan opined that the crew-related evidence was relevant given that several Saratoga residents were standing in the defendants’ line of fire. According to Judge Raffinan, evidence of the defendants’ crew allegiance and involvement in the Aug. 9 incident were crucial for portraying Sydnor’s death as a casualty within a broader dispute, rather than an isolated event.

Judge Raffinan agreed to admit the prosecution’s references to crew-related evidence, so long as it was directly relevant to the defendants’ identities, motives, and intent during the Aug. 10 shooting. In order to minimize prejudice, Judge Raffinan prohibited the prosecution from making any generalized references to gangs or crews.

Moses, 23, was arrested on Aug. 10, 2017. Mayfield, 22, was arrested on Dec. 28, 2017. They are charged with more than a dozen counts each, including first-degree murder while armed, assault with the intent to kill and possession of a firearm during a crime of violence.

The parties are scheduled to reconvene on Oct. 12 for jury selection.

Judge Gives Prosecution More Time to Discuss Motion to Sever

On Oct. 7, DC Superior Court Judge Milton C. Lee scheduled another hearing to give the prosecution time to discuss a motion to sever one of the co-defendants in a 2017 murder case.

Gabriel Brown, 34, and 32-year-old Antonio Upshaw are charged with first-degree murder while armed in the shooting of 24-year-old Tyrone Johnson during an alleged robbery gone wrong on March 10, 2017, on the 2300 block of Pennsylvania Avenue, SE.

As Upshaw, who was arrested in December of 2017, reached his fifth year of being held, a trial date with both defendants continued to be delayed as a result of Brown’s circumstances.

Brown has another pending case, resulting in scheduling conflicts, and requests for new counsel given his current attorney, Steven R. Kiersh’s unavailability.

Upshaw’s defense attorney Ronald B. Resetarits filed a motion to sever the defendants, which would enable a quicker trial date to be set solely for Upshaw.

The prosecution said a severance would be a disadvantage.

Judge Lee gave the prosecution a week to discuss the possibility of a severance as well as potential alternatives such as granting Upshaw certain release conditions. In the meantime, new counsel would be found for Brown.

Additionally, Judge Lee granted a motion for a protective order regarding police bias and credibility materials, filed by the prosecution.

On March 10, 2017, witnesses heard gunshots coming from an alley alongside the 2300 block of Pennsylvania Avenue, SE and saw a gray sedan leaving the alley soon after. Metropolitan Police Department (MPD) officers responded to the scene and found Johnson suffering from multiple gunshot wounds. He was later pronounced dead, according to court documents.

Surveillance videos captured two male subjects, one of whom looked like Upshaw, exiting the passenger seats of one of the getaway vehicles. Brown was later identified as the second subject.

The two defendants are also charged with armed robbery, possession of a firearm during a crime of violence, armed carjacking, and unauthorized use of a vehicle.

Upshaw is additionally charged with carrying a pistol without a license outside a home or business.

Brown is also charged with conspiracy while armed.

The next hearing is set for Oct. 14.

Read more about this case, here.

Judge Gives Homicide Defendant Time to Consider Plea Offer

DC Superior Court Judge Robert Okun presided over a preliminary hearing as the prosecution presented a plea offer and case evidence for a murder defendant.

Raheem Gafari, 31, is charged with first-degree murder while armed in connection to the shooting of 24-year-old Davon Sullivan on May 4, 2022, on the 2300 block of Green Street, SE.

The prosecution offered the defendant a plea deal for a 13-to-17-year sentence in exchange for pleading guilty to second-degree murder while armed.

Gagari’s defense attorneys Brandi Harden and Sellano Simmons requested additional time to consider this offer as the case is still in its early stages. Judge Okun granted this request.

During the Oct. 7 hearing, the prosecution also admitted evidence to establish probable cause, including a map depicting the crime scene and footage from the incident.

The footage displaying the shooting, showing Gafari shooting Sullivan several times after the two men appeared to engage in a verbal dispute. A witness is seen standing between them, attempting to mediate the altercation; however, his efforts fail as the defendant is seen pulling a black handgun from his bag and firing at the victim.

In response to this evidence, Harden and Simmons objected, asserting that the prosecution “did not turn over” any exhibits favorable to the defendant, “handicapping the defense.”

Judge Okun overruled their objections, contending that the prosecution’s conduct satisfied standards imposed by the court.

According to court documents, Gafari allegedly fired 14 rounds at Sullivan, who is reported to be an acquaintance of his. The two have known each other for a while through a mutual friend.

Court documents also allege that Sullivan was “scared to be around him,” according to a witness who is also mutually connected to Gafari.

Parties are expected to return to court on Oct. 11, where the defense will have an opportunity to cross-examine the detective.

Gafari is currently being held in a DC jail.

Read more about this case, here.

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