Case Acquitted: Murder Defendant Waives Right to Independent DNA Testing

This case was acquitted on Nov. 9, 2022.

A murder defendant told DC Superior Court Judge Maribeth Raffinan he will not conduct any independent DNA testing on the biological materials recovered in his case.

Mike Bidgell, 26, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm in connection to the shooting of 18-year-old Marquis Harrod on June 6, 2020, on the 1300 block of Brentwood Road, NE.

According to court documents, surveillance footage shows Harrod exiting a liquor store, approaching Bidgell’s vehicle, and talking to him. After a brief period of time, gunshots were fired and Harrod fell to the ground as Bidgell drove away.

The prosecutor listed the biological materials that had been collected from the crime scene, including DNA from inside the vehicle and from bottle caps recovered at the scene. According to the prosecutor, none of the materials will be tested for DNA matches.

After accepting Bidgell’s waiver of his right to conduct independent testing, Judge Raffinan confirmed with the parties that the case was on track for trial.

The prosecutor told Judge Raffinan she expected the case to last one week.

Defense attorney Brian McDaniel estimated the defense’s case to take one to two days.

The trial is scheduled for Oct. 17.

Bidgell’s next court appearance is scheduled for Oct. 7 for parties to address outstanding motions.

Homicide Defendant Sentenced After Considering Withdrawing Guilty Plea

During a July 28 hearing, a homicide defendant was sentenced to two concurrent sentences of 12-years for voluntary manslaughter for the shooting death of 22-year-old Michael Taylor and one year for carrying a pistol without a license for the death of 21-year-old Dion DeMarco Boyd.

Stephon Evans, 22, was one of five men charged with Taylor’s death and one of two men charged with Boyd’s death. Taylor was killed on the afternoon of Jan. 12, 2019, and Boyd was killed on the evening of July 30, 2018. Both men were shot in Northeast, DC.

Evans was initially scheduled to be sentenced during a July 11 hearing, but DC Superior Court Judge Robert Okun granted continuance after defense attorneys Jesse Winograd and Thomas Healy said they would like to consult with their client on whether Evans would like to withdraw his guilty plea.

On Thursday, defense counsel said that Evans is not seeking to withdraw the guilty plea but will maintain his innocence in the death of Boyd.

“Mr. Evans was very remorseful for the killing of Mr. Hunter,” Winograd said to the court. “[but] he maintains his innocence in the case of Mr. Boyds.”

Judge Okun agreed to move forward and imposed his original sentence. Evans will serve 12 years in prison, which will be followed by 5 years of supervised release and registering for a gun offender upon release.

Judge Okun also recommended that Evans complete his GED, receive mental health treatment, and enroll in anger management classes upon release.

“I hope for your sake and the community’s sake that you can comply with the conditions of supervised release,” Okun said.

Murder Defendant Pleads Guilty to Killing his Friend

During a hearing on July 27, a homicide defendant pleaded guilty to one count of negligent homicide.

Terry Hunter, 68, was charged in connection to the death of his friend, 69-year-old Randolph Peoples, on March 6 along 19th Street and L Street, NE.

According to court documents, Hunter told detectives he and Peoples had been drinking and smoking together when they got into a physical argument while they were sitting in Hunter’s vehicle. Hunter drove off with Peoples in the passenger seat and heard yelling to stop. After continuing to drive a couple of blocks, Hunter saw Peoples’ head in the passenger door with the seat belt around his neck.

Hunter immediately stopped the vehicle and performed CPR on Peoples. Emergency services began medical treatment upon arrival but ultimately pronounced Peoples dead later that night.

On July 6, the prosecutor offered Hunter a plea deal agreeing to stop seeking an indictment on involuntary manslaughter should the defendant plead guilty to negligent homicide, which carries a maximum penalty of five years in prison.

Before DC Superior Court Judge Maribeth Raffinan accepted Hunter’s guilty plea, she heard a statement by Peoples’ daughter.

“I had pleaded with my father to stay away from this man for years because he was not a good influence on my father,” she told Judge Raffinan, explaining how Hunter and Peoples had known each other since childhood.

According to Peoples’ daughter, Hunter would repeatedly take advantage of Peoples’ financial generosity to buy drugs. She said the defendant was mad at her father the day of his death for refusing to go to the ATM to withdraw money to buy more drugs.

“My father was dragged on the floor like a dog over three blocks by someone he called a friend,” she said.

Defense attorney Elizabeth Weller objected to the daughter’s statement, arguing it was more appropriate for a sentencing rather than a plea.

Judge Raffinan agreed and told the parties she would take Peoples’ daughter’s statement into consideration at the sentencing, which is scheduled for Oct. 14.

Document: Homicide on 4th Street, SE

The Metropolitan Police Department is investigating a homicide that took place on July 27 on the 4300 block of 4^th Street, SE.

According to a press release, officers found two adult males and one adult female suffering from gunshot wounds.

Both adult males, 19-year-old Ronald Brown and 41-year-old Tijuan Wilson succumbed to their injuries. The adult female is listed in critical condition.

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.

Systems Error Results in Judge Adjusting Homicide Defendant’s Trial Date

Due to a court systems error, DC Superior Court Judge Milton Lee adjusted a homicide defendant’s trial date from May 30, 2023, to Nov. 13, 2023.

Roger Hamilton, 41, has been charged with second-degree murder, driving under the influence, and reckless driving for allegedly striking and killing 42-year-old Vincent Childs with a vehicle. According to court documents, Hamilton was allegedly operating a 2006 Mercury Mountaineer while under the influence of alcohol. On March 2, 2018, Hamilton’s vehicle mounted a curb and fatally struck Childs on the 3200 Block of Wheeler Road, SE.

Judge Lee also issued a scheduling order July 27 to construct a timeline for motions filing and deadlines.

The prosecutor said there is a potential for a plea deal but are still continuing negotiations with the defense.

“I think we still have the possibility of productive conversation, but at this point I have nothing to present to the court,” the prosecutor said.

Defense attorney Neveen Hammad stood in for Joseph Scrofano to represent Hamilton.

Hamilton is scheduled for s trial readiness hearing on Oct. 13, 2023.

Parties Pause Indictment Deadline for Sex Abuse Defendant Pending Plea Negotiations

Parties agreed to pause the 90-day indictment deadline to continue plea negotiations for a 19-year-old defendant charged with first-degree sex abuse, kidnapping while armed, and armed carjacking.

On July 11, 2021, Metropolitan Police Department (MPD) officers received a call from a complainant reporting that an unknown individual entered her vehicle, forced her at gunpoint to drive to an alley on the 500 block of Crittenden Street, NW, raped her, and then stole her car.

The unknown individual was identified as the defendant when the DNA profile obtained from the victim’s swab resulted in a match with an arrestee from the Maryland State Police Forensic Sciences Division six-months after the incident, according to court documents.

During a hearing on July 26, the prosecutor told DC Superior Court Judge Robert Okun she was still in plea negotiations with defense attorney Howard McEachern and requested a continuance for the hearing.

The defendant was detained for this case on Jan. 12. DC law requires criminal defendants to be formally charged within 90-days of their initial detention.

Judge Okun agreed to toll the time for the defendant’s formal indictment until September 23, when the defendant’s next court appearance is scheduled.

The defendant is currently being held at the DC Jail.

Judge Sentences Defendant in Homicide Case

DC Superior Court Judge Neal Kravitz sentenced a defendant in connection to a 2020 homicide

James Flemings is charged with second degree murder while armed in connection with the fatal shooting of 30-year-old Michael Bright on the 1100 block of 45th Street, NE on Oct. 6, 2020. Bright was found unconscious suffering from apparent gunshot wounds. The murder took place during an attempted robbery. Flemings, 25, pleaded guilty to the charge of second-degree murder on Wednesday as well.

“I am still hurting myself.” the mother of Bright said during a victim impact statement during the hearing on July 27.

The prosecution noted that the defendant had admitted his guilt early in the process while making their recommendations to Judge Kravitz. Ultimately, the prosecution recommended 6 years to 8 years in prison.

Defense attorney Billy Ponds recommended 6 years in prison.

Judge Kravitz recognized the circumstances of the case that led the parties to recommend lower than normal sentences given the crimes committed.

He sentenced the defendant to 8 years in prison, which will be followed by 5 years of supervised release. Flemings must also register as a gun offender after he is released from prison.

Case Dismissed: Judge Changes Murder Defendant’s Release Conditions

Editor’s note: The case against Kenneil Cole was dismissed on Feb. 1, 2023.

DC Superior Court Judge Maribeth Raffinan granted a homicide defendant’s motion to modify release conditions from weekly to monthly reporting.

Kenneil Cole is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting his roommate, 24-year-old Keon Wallace, on the 2400 block of Skyland Place, SE on June 25, 2018.

Cole was initially released from detention on Feb. 20, 2020, under the high-intensity supervision program before being moved to a lower level of supervision on Sept. 14, 2021.

The defendant’s release conditions included checking in with the Pretrial Services Agency (PSA) once a week with no GPS monitoring and no curfew.

During a hearing on July 27, defense attorney Mani Golzari asked Judge Raffinan to modify Cole’s weekly reporting to monthly, citing “the trend by Mr. Cole abiding by the court’s conditions.”

“I have no doubt Mr. Cole will comply,” Golzari said.

A Pretrial Services Agency representative confirmed Cole’s full compliance with his release conditions.

“In light of his full compliance, I will accept the defense’s motion to modify Mr. Cole’s release conditions,” said Judge Raffinan.

Judge Raffinan also asked Golzari whether Cole intended to conduct any independent DNA testing on the biological materials collected by the prosecutor.

Golzari informed Judge Raffinan the defendant had already invoked his right to independent testing under DC Superior Court Judge Neal Kravits, who heard the case when it was originally scheduled to go to trial in 2020 before COVID-19 delays.

Cole’s next court appearance is scheduled for Nov. 4.

Judge Finds Probable Cause in Child Sex Abuse Case

DC Superior Court Judge Rainey Brandt found probable cause July 26 in a child sex abuse case.

A 30-year-old defendant is charged with two counts of first-degree child sex abuse for incidents that occurred in 2014 and 2015. The defendant was 22 years old at the time and the victim was 8 years old.

The events were reported to the Metropolitan Police Department’s (MPD) Youth and Family Services Division in October 2020. The defendant was arrested on June 17 and immediately released with 24-hour GPS monitoring.

“You have probable cause, but barely,” Judge Brandt said to the prosecution.

The investigation lasted two years and the incidents happened seven years before the arrest, according to court documents.

Judge Brandt modified the release conditions, removing the GPS monitor requirement.

A status hearing was scheduled for Dec. 9, so parties could determine how to proceed.

Defense Counsel Requests New Trial Date in 2014 Homicide Case

In light of their defendants being scheduled for trial in 2021, defense attorneys requested that a judge give their clients an earlier trial date.

Kevin Sewell, 31, has been charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged role in the death of 43-year-old Kevin Robinson. His co-defendant Charles Jeter, 36, has also been charged with first-degree murder while armed for his role in the victim’s death.

During the hearing on July 27, defense attorneys Carrie Weletz and Rachel McCoy requested an earlier trial date from DC Superior Court Judge Milton Lee. Sewell and Jeter’s current trial is scheduled for Feb. 12, 2024.

Judge Lee clarified that, if a trial date were to open up sooner, it would go to the defendants held for the longest period of time.

“Everyone should expect the trial date as it is,” Judge Lee said. “Just because a date opens up doesn’t necessarily mean you are the first in line, it is the person who has been held the longest who is first.”

The prosecution said a plea offer was recently extended to the defendants.

Judge Lee also inquired into the status of any potential DNA testing, but the prosecutor said testing hasn’t been conducted.

The defense also raised questions about cellphone data the prosecution collected, however the prosecutor could not answer the attorneys’ questions. The prosecutor said answers will be provided at the next hearing.

Judge Lee said he will give the defense time to consider the plea deal as well as try to resolve any concerns about evidence with the prosecution.

Sewell’s appearance was waived for the hearing due to being quarantined for COVID. Jeter was present in the courtroom.

According to court documents, on Nov. 30, 2014, Metropolitan Police Department officers responded to reports of a shooting on the 600 block of Edgewood Street, NE. Upon their arrival, Robinson, who is Sewell’s father, was found with a lethal bullet wound in his head. He was pronounced dead at the scene.

Judge Lee scheduled the parties to return on Sept. 15.

Homicide Case Continues as Prosecution Extends Plea Offer

DC Superior Court Judge Milton Lee continued a case 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. 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. He suffered from six gunshot wounds.

In a July 27 hearing, the parties asked for more time for the defense to consider a plea agreement and for counsel to discuss potential forensic and ballistics evidence in the case.

Young’s next court appearance is scheduled for Sept. 16.

Document: 7-Year-Old Child Struck by a Vehicle

Metropolitan Police Department detectives are investigating a traffic crash that occurred on July 25, on the 1800 block of Mississippi Avenue, SE.

At approximately 6:50 p.m., an 11-year-old male was driving a 2020 Kia Optima around a parking lot when he lost control of the vehicle and struck a 7-year-old child. The victim was transported to a hospital for serious, but non-life threatening injuries.

Document: Police Arrest Suspect in Domestic Homicide on Webster Street, NE

The Metropolitan Police Department arrested a suspect July 26 in connection with a domestic-related homicide that occurred earlier that day on the 600 block of Webster Street, NE.

According to a press release, officers found 69-year-old Marilyn Payne suffering from a gunshot wound. She died on the scene.

Officers arrested 30-year-old Anna Payne and charged her with second-degree murder while armed.

Homicide Defendant Demands New Attorneys

In a July 26 hearing, a homicide defendant demanded new attorneys.

Daryl Thompson, 33, also known as Darryl Tompkims, is indicted on 14 charges, including two counts of first-degree murder while armed, assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside of a home or business, obstructing justice and threat to kidnap or injure a person for his alleged roles in the deaths of Edward Roberts Jr. and Tyler McEachern. Roberts, 29, was fatally shot on the 3500 block of 14th Street, NW, on July 30, 2016. McEachern, 23, was fatally shot on the 3100 block of Buena Vista Terrace, SE, on Aug. 29, 2016.

Thompson expressed his desire to fire his defense attorneys Dana Page and Pierce Suen upon entering the courtroom.

Thompson told DC Superior Court Judge Maribeth Raffinan that his attorneys, despite his objections, proceeded to challenge a Nov. 10, 2021, report filed by the DC Department of Behavioral Health (DBH) that found him competent to stand trial.

“My attorneys are making me incompetent,” Thompson said. “I’m competent.”

DC Superior Court Judge Craig Iscoe initially found Thompson incompetent to stand trial on Aug. 28, 2018, ordering the defendant to receive treatment at St. Elizabeths Hospital, DC’s psychiatric institution. DC Superior Court Judge Neal Kravitz denied the prosecution’s request for forced medication to restore competence on Sept. 8, 2021.

Judge Raffinan ruled that the burden of proof for the hearing will be on the prosecution to prove the defendant’s restoration to competency by a preponderance of the evidence.

Judge Raffinan also ruled Thompson’s competency needs to be determined before the court can address his request for new attorneys.

“I don’t want these attorneys to represent me,” Thompson said.

Thompson filed around 60 pages of documents on his own behalf before leaving the courtroom.

Judge Raffinan ruled that the papers would be copied and distributed, despite the defense attorneys’ wishes that the papers would be held until after the competency ruling.

Judge Raffinan scheduled the next hearing for Jan 12.

Judge Denies Motion for Continuance in Murder Case

DC Superior Court Judge Milton Lee denied the prosecution’s motion for continuance during a July 26 hearing.

Co-defendants Alonzo Brown and Naquel Henderson are both charged in connection with the fatal shooting of 22-year-old Michael Taylor on the 1700 block of Benning Road, NE on Jan. 12, 2019.

Brown is currently in quarantine for COVID-19 at the DC Jail and was not present at the hearing.

He is represented by defense attorney Steven Kiersh.

Henderson is represented by defense attorneys Julie Swaney and Lisbeth Sapirstien.

The prosecution had filed a motion for continuance due to the availability of a new prosecutor assigned to the case.

The defense argued that this motion did not provide “good cause” to delay the trial and the defendant’s speedy trial rights should not be interrupted due to the availability of a newly added prosecutor.

The defense attorneys argued that if the defendants were released to home confinement, then the defense may be more agreeable to a later date.

The defense also noted that the trial is currently set for Oct. 5 and this later date would likely push the trial to 2024 due to the court’s busy schedule.

The prosecution responded stating that they are not agreeable to releasing the defendants.

Judge Lee agreed with the defense and denied the motion for continuance following the prosecution’s response.

The parties are set to return for another status hearing on Sept. 2.

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