Murder Defendant Requests Independent DNA and Ballistics Testing

DC Superior Court Judge Milton Lee presided over a status hearing where the defense requested independent DNA and ballistics testing.

Keith Hudson, 26, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, possession of a large capacity feeding device while armed, and carrying a concealed weapon outside the home or business for allegedly shooting 25-year-old Isaiah Glover on the 4100 block of Minnesota Avenue, NE on Feb. 9, 2021.

During the July 26 status hearing, the prosecution said DNA testing showed “strong support” for the inclusion of the defendant’s DNA on the magazine part of the handgun.

The prosecutor said he believes that this is the same handgun that was used in the shooting.

Defense attorney Michael Madden said he will seek DNA and ballistics testing through independent labs.

Judge Lee set the next status hearing for Sept. 30, so the parties can check on the progress of the defense’s testing.

Judge Finds Probable Cause for 2021 Homicide Case

After three days of preliminary hearings, DC Superior Court Judge Robert Okun found probable cause in a 2021 homicide case.

Amard Jefferson, 23, is charged with second-degree murder while armed for allegedly shooting his girlfriend’s friend, 20-year-old Kendall Brown, on Aug. 7, 2021, on the 3000 block of Nelson Place, SE, where Jefferson resided with his girlfriend. According to court documents, the shooting occurred after a verbal altercation between Brown and Jefferson concerning some missing items.

During her redirect of the lead detective on July 26, the prosecutor played portions of the detective’s interviews with two witnesses to clarify the detective’s testimony about his investigation and the events of the shooting.

According to the first witness’s interview, Jefferson said he would “call [his] mans,” to which Brown responded, “we’re just females, we’re not here to fight.”

The second witness confirmed this statement in her interview with the detective and said she told the defendant’s girlfriend to calm Jefferson down.

Jefferson’s defense attorney, Jason Clark, reiterated, during his re-cross, the first witness’s memory blackouts and her statement to the detective that there were “blanks” in her memory of the shooting. He also said Brown did not have her hands raised before getting shot.

During her closing argument, the prosecutor emphasized the escalation of violence caused by the defendant.

“One thing all parties can agree on, in this case, is that this was a shooting that never should have happened,” the prosecutor said. “It was the defendant’s gun that turned a girl’s tiff into a deadly shooting.”

The prosecutor also refuted the defense’s argument of self-defense and mitigating factors by replaying the video of Brown and two witnesses entering the apartment and asking Judge Okun to focus on the girls repeatedly telling the defendant’s girlfriend, “we’re not here to fight, no one’s going to do anything to you.”

“Mere words, no matter how offensive, are never adequate provocation. Use of a firearm here was entirely out of proportion,” the prosecutor argued.

In addition, the prosecutor argued the defendant’s actions after the shooting showed his consciousness of guilt.

According to the prosecutor, after shooting Brown, Jefferson and his girlfriend locked her in their apartment and escaped through the back door before Jefferson discarded his firearm in a drainage hole one block away. They then fled the District of Columbia to Maryland, at which point Jefferson texted his girlfriend telling her to tell the police she pulled the trigger out of self-defense.

The prosecutor then addressed the witness biases Clark had elicited during his cross-examination of the detective, including the bias of the first witness who was standing near Brown when she was shot. Although Clark had pointed out the witness had suffered from memory blackouts and hallucinations on the day of the shooting, the prosecutor argued, “that is a young woman suffering from trauma who just saw her close friend get shot.”

“It is important for the court to evaluate the prosecution’s only witness, the detective,” Clark stated at the beginning of his closing argument. “The prosecution’s theory is built on guesswork based on the detective’s overt bias, which he put on display in front of the court.”

Clark continued to point out multiple discrepancies between the detective’s testimony and the recorded clips of witness interviews, including whether Brown had raised her arms above her head before she was shot or while she was shot, which, according to Clark, was “a small but critical detail that the detective deliberately changed to mislead this court.”

“What it all boils down to in this case is that no one saw what happened,” Clark said. “Not one witness can place the gun in Mr. Jefferson’s hands. He did what he thought was necessary to defend his girlfriend, her child, and himself.”

Judge Okun found probable cause after hearing the parties’ arguments.

“I think probable cause is easily met,” Judge Okun said. “There is no doubt in my mind that the defendant was the one who killed Ms. Brown.”

Jefferson will continue to be detained at the DC Jail until his next court appearance scheduled for Oct. 5, by which point the prosecutor expects to have a formal indictment ready.

Murder Case Remains on Course for Trial

After overseeing a July 22 status hearing, DC Superior Court Judge Robert Okun determined that the murder case against a homicide defendant is still on course for trial.

Ernest Cleveland, 28, is charged first-degree murder while armed for allegedly shooting 39-year-old Edward Pearson. The victim was found at his apartment on the 2900 block of Connecticut Avenue, NW on Nov. 26, 2020. The cause of death was determined to be a gunshot wound to the head. Cleveland is also charged with possession of a firearm during a crime of violence, assault with the intent to kill while armed, aggravated assault knowingly while armed, and unlawful possession of a firearm with a prior conviction.

At the status hearing the prosecution discussed the DNA evidence found at the scene of the homicide. The DNA has not yet been tested by the prosecution, but defense attorney Madalyn Harvey has requested to test the evidence.

Cleveland returned to the DC Jail and is scheduled for a hearing on Oct.14.

Defense Questions Detective on Witness Bias in 2021 Homicide Case

On July 25, the preliminary hearing for a homicide defendant continued with defense attorney Jason Clark questioning the lead detective of the investigation on his interviews with each witness and their potential bias.

Amard Jefferson, 23, is charged with second-degree murder while armed in connection to the Aug. 7, 2021 shooting of 20-year-old Kendall Brown on the 3000 block of Nelson Place, SE where Jefferson resided with his then-girlfriend, who was Brown’s friend. According to court documents, the shooting occurred after a verbal altercation between Brown and Jefferson concerning some missing items.

The first witness, according to the detective, used to live with the defendant’s girlfriend before moving out after an argument. The witness told the detective she, Brown, and the second witness were at the girlfriend’s apartment to pick up her clothes and alcohol on the day of the shooting.

The witness also provided a video of her, Brown, and the second witness forcing their way into the defendant’s girlfriend’s apartment. The girlfriend can be heard saying “get out” before the three individuals make their way inside and engage in a verbal altercation with Jefferson and his girlfriend, the detective said.

The witness reported seeing a gun in Jefferson’s front pocket before Brown and the defendant began arguing in another room. The witness told Brown to “calm down” before she heard a gunshot and ran out of the apartment.

Clark asked the detective whether the witness had held any animosity towards the defendant and asked whether the witness and Jefferson’s girlfriend had ever been romantically or sexually involved. The detective said he was unsure.

Clark questioned the detective about a text message from Brown to the defendant’s girlfriend stating, “you want [the witness] to be your gf fake gay ass.” He also pointed out a statement by the second witness, who said she believed the first witness and the defendant’s girlfriend “were going to get together in the future.”

Additionally, the detective said the witness admitted to having a memory disorder that occasionally led to blackouts, including on the day of the shooting.

When Clark asked the detective about the second witness, the detective said the witness admitted she believed there could potentially be violence at the apartment before she went inside. The witness also saw Jefferson’s gun protruding from his pocket and heard the first witness trying to calm Brown down before the gun was fired.

The third witness the detective interviewed, Jefferson’s girlfriend, said she had been getting harassed by the first witness about getting her clothes prior to the shooting.

The detective told Clark the girlfriend believed Brown and the others “were there to fight” and alleged that Brown punched Jefferson first before the two started fighting.

Clark said the girlfriend had given several inconsistent statements to the police, including whether or not she saw Jefferson with a firearm and whether she and the defendant left the building through the front door or the back.

DC Superior Court Judge Robert Okun scheduled the preliminary hearing to continue on July 26 for the prosecutor’s re-questioning of the detective.

Judge Modifies Release Conditions for Homicide Co-Defendants

DC Superior Court Judge Rainey Brandt stepped back the release conditions for two homicide co-defendants during a July 22 hearing.

Daivion Williams, 24, and Dijon Williams, 23, have been charged with felony murder while armed and first-degree murder while armed, respectively. The charges stem from a homicide on July 21, 2020, when Metropolitan Police Department officers responded to reports of a shooting on the 4100 Block of 14th Street, NW. Upon arrival, officers found Nurudeen Thomas suffering from a gunshot wound.

Both brothers, Daivion and Dijon, appeared in court following violations of their release conditions. Judge Bradnt heard arguments from prosecutors and defense regarding their detainment.

A pretrial services report revealed that Daivion was recently arrested for battery, following an incident where he allegedly hit his girlfriend in the chest and took her phone. Defense attorney Kristin McGough said there were other motivations involved, alleging that Daivion’s girlfriend used him to renew her apartment lease but had no intention of living with him.

“I don’t agree that there is aggressive conduct in the scene,” McGough said, referring to the video of the assault. “He was being asked to leave a home he had a right to be in.”

Prosecutors further mentioned that the defendant’s mother was involved in the assault. Defense attorney David Knight, who is representing Dijon, argued that the allegation was an attack on the mother’s character, who was present in court at the time of the hearing.

Since April, Daivion has had 13 curfew violations, ranging from 20 to 30 mins. McGough said the curfew violations resulted from Daivion’s handiwork business. She said traffic, along with the nature of Daivion’s work accounted for the 20-30 minute curfew violation. “I don’t think at this juncture he needs a curfew,” McGough said.

“[Daivion] has been in and out of compliance more times than the court can count,” Judge Brandt said. “The court has adjusted curfews, it’s just not working. The icing on the cake is the rearrest.”

Defense attorney Andrew Ain is set to replace McGough in the case, representing Daivion.

Dijon’s violation of release conditions involved a high-speed chase, in which Dijon reached 93 mph. According to counsel, Dijon was returning from a Disneyworld trip with his family, which was allowed due to modifications of the defendant’s release. He is currently being detained in a Georgia jail until further notice.

Knight and his co-counsel, Suen Pierce brought forth a complaint against Judge Brandt’s bench warrant for Dijon. “There wasn’t a legal basis to issue a detainer at that time,” Knight said. “ We are still asking the court to rescind the detainer that has been lodged.”

Judge Brandt said she is waiting to see how Dijon’s detainment in a Georgia jail unfolds.

Arguing for his release, Knight and Pierce noted that Dijon has never been a loss of contact, always charges his GPS, and is not a flight risk. “He takes this seriously, and if he’s ordered to come up [to D.C], he will,” Knight said.

Judge Brandt granted defense counsel’s request to put Dijon in 24-hour home confinement when released from the Georgia jail.

Daivion and Dijon’s next court date is scheduled for Aug. 18.

Murder Defendant Rejects Plea Offer, Case Remains On Trial Course

During a hearing on July 22, a murder defendant rejected a plea offer in connection to a 2021 shooting.

James Harper, 39, 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 39-year-old Bret Desmarteau on the 100 block of Sheridan Street, NE on May 27, 2021.

According to court documents, Desmarteau was parked behind Harper’s vehicle when the two began yelling at each other. Surveillance video shows Desmarteau approaching the vehicle when four gunshots were fired and he collapsed on the ground.

On March 30, the prosecutor submitted a plea agreement offering to drop the second-degree murder while armed charge if Harper pleaded guilty to voluntary manslaughter while armed.

Harper’s defense attorney, Marnitta King, rejected the plea offer on behalf of her client on Friday.

DC Superior Court Judge Robert Okun scheduled an additional hearing on Sept. 23, when parties will discuss DNA testing.

Judge Denies Bond for Murder Defendant

DC Superior Court Judge Maribeth Raffinan denied an appeal for bond review.

Terrance Prue, 21, is charged with first-degree murder, three counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, assault with significant bodily injury while armed, and carrying a pistol without a license in connection with a 2019 homicide. Prue is accused of allegedly shooting 39-year-old Bruce Gilmore in the parking lot at 3501 22nd St SE on June 5, 2019.

Defense attorney James King argued for Prue to be released under the high intensity supervision program (HISP). King referenced unsafe conditions at the DC Jail, including two recent attacks that have caused hospitalization.

“I don’t think that the government has shown that Mr. Prue is a flight risk or a danger to the community,” King said. Additionally, King noted the prosecution’s inability to meet the standard for substantial probability before the grand jury, Prue’s lack of criminal history, as well as the support of his family as reasons the defendant should be released.

Prue’s family members attended the hearing and took up two rows in the courtroom as well as numerous people who showed their support via WebEx.

The prosecution argued that the circumstances of Prue’s case have not changed since the last bond review ruling.

“I don’t see a basis to change Mr. Prue’s circumstances,” Judge Raffinan said as she denied release.

She said she will recommend that Prue be placed in the Correctional Treatment Facility of the jail. However, there is limited space in the facility, so it is not guaranteed that the defendant will be transferred.

Judge Raffinan scheduled a status hearing on Dec. 8 and a motion hearing on Jan. 13.

Judge Reschedules Trial in Homicide Case

DC Superior Court Judge Maribeth Raffinan granted a homicide defendant’s request reschedule his September trial date.

Khamari Perkins, 21, is charged with first-degree murder and possession of a firearm during a crime of violence. The offenses were committed during release. Perkins is accused of shooting Naseem Simpson, 18, on the 3000 block of 14th St NW on March 15, 2020.

Perkins is represented by defense attorney Kevann Gardner who argued that the defendant did not get a proper chance to test DNA evidence.

“I think that an individual’s right to DNA testing is vital,” said Judge Raffinan. She explained that the standard for continuing a trial date is if good cause is presented by the moving party.

Judge Raffinan set an Aug. 4 deadline for the defense to begin the process of testing the DNA evidence.

Perkins’ trial is rescheduled for Sept. 18, 2023.

Judge Sentences Homicide Defendant to 14 years in Prison

DC Superior Court Judge Rainey Brandt sentenced a homicide defendant to 14 years in prison.

In an April 26 hearing, Gregory Washington, 32, pleaded guilty to voluntary manslaughter while armed in the fatal shooting of 32-year-old Alie Labay on the 900 block of 21st Street, NE on the morning of Oct. 24, 2019. He was initially charged with s charged with first-degree murder while armed, possession of a firearm during a crime of violence and first-degree burglary while armed.

“You have chosen a greater path while incarcerated,” Judge Brandt told Washington during the July 25 hearing. “I hope that continues.”

Washington will serve five years of supervised release, in accordance with the plea agreement. Washington will also have to register as a gun offender.

According to court documents, Labay was in a relationship with Washington’s ex-wife.

“I am kindly appealing to the honorable judge to give the maximum sentence,” Labay’s father said.

“The family does not want the defendant to inflict this pain on any other family,” Labay’s mother said in a letter to the court.

Labay’s fiancée and brother also requested that Judge Brandt sentence Washington to the maximum sentence.

The prosecutor also read four additional impact statements, asking the judge to give Labay the maximum sentence.

The plea agreement stipulated a term of 14 years in prison.

Washington’s defense attorney, Amanda Rogers, said that Washington is “prepared to serve that sentence.”

Rogers pointed to Washington’s accomplishments while in DC jail, saying he is the head of the detail unit, teaches religious classes, and is a peace ambassador.

Rogers also described Washington as “the most soft spoken and peaceful client I have ever had.”

Washington declined to speak.

“You have my deepest condolences for the loss of your loved one,” Judge Brandt said to the family. “Nothing I can say in the next five or six minutes can take away a grieving family’s pain.”

On the day of the incident, the couple was sleeping on the couch when the ex-wife awoke to the defendant tussling with the victim, according to court documents. The ex-wife tried to separate the defendant from Labay but became afraid and fled to another room with her child. Shortly after, she stated that she heard two to three gunshots.

Judge Brandt agreed to the defense’s request to recommend that Washington be held at USP Allenwood in Pennsylvania.

Murder Case Countinues After Prosecution Requests More Time

DC Superior Court Judge Milton Lee presided over a July 25 status hearing for a murder defendant.

Treavon Johnson, 24, is charged with second-degree murder for allegedly shooting John Edmonds on the 600 block of Jefferson Street, NW on July 26, 2021.

The prosecution requested more time to receive an indictment before the parties go forward with arraignment.

The defense posed no objection to setting a new date.

Johnson’s next scheduled hearing is set for Sept. 2.

Gun Found Blocks Away from Shooting, Detective Says

A detective for the Metropolitan Police Department (MPD) said the gun connected to a 2021 homicide was found a few blocks away from the shooting during a preliminary hearing on July 22.

Amard Jefferson, 23, is charged with second-degree murder while armed in connection to the Aug. 7, 2021, shooting of 20-year-old Kendall Brown on the 3000 block of Nelson Place, SE. Jefferson resided with his then-girlfriend, who was Brown’s friend. According to court documents, the shooting occurred after a verbal altercation between Brown and Jefferson concerning some missing items.

According to the detective, a handgun was found in a street drain. Ballistics testing found a match between the handgun and the casings recovered at the scene.

The detective also showed photos of the building and a diagram of the apartment layout from the Department of Forensic Science. Three shell casings were recovered from the scene.

The prosecutor also played a video provided by a witness who recorded Brown and her friends entering the apartment and engaging in a verbal altercation with Jefferson and his girlfriend. The video ended before the shooting occurred.

The detective said the autopsy report stated the bullet entered Brown’s body through her armpit area, which, according to the detective, was consistent with Brown raising her hands above her head before being shot.

The prosecutor showed the detective text messages between Jefferson and his girlfriend a few days after the shooting when Jefferson was incarcerated. The texts depict the two discussing what they would tell the police about the shooting.

Defense attorney Jason Clark asked the detective if there was any evidence that Jefferson could have acted in self-defense. The detective answered no.

DC Superior Court Judge Robert Okun scheduled the preliminary hearing to continue on July 25 to complete the detective’s cross-examination.

Murder Defendant Rejects Plea Deal

DC Superior Court Judge Robert Okun presided over a July 22 status hearing where a homicide defendant rejected a plea deal.

Gary Rush, 40, is charged with second- degree murder in connection to the murder of Keena Dowtin in Fort Dupont Park on Sept. 20, 2020.

According to court documents, the defendant was driving with Dowtin as his passenger and swerved to avoid hitting a deer. However, the car ended up striking a tree, which resulted in Dowtin’s death.

At the hospital after the incident, the defendant tested positive for PCP, a hallucinogenic drug.

The prosecution’s plea deal would have allowed the defendant to plead guilty to involuntary manslaughter and serve between five to nine years in prison.

The case is pending indictment. Rush was released under the high intensity supervision program in January 2021.

Judge Okun scheduled a status hearing for Aug. 12.

Judge Continues Motion Hearing for Defendant

DC Superior Court Judge Danya Dayson continued a motion hearing for a 2021 homicide case as she waits for the defendant to be released from quarantine at the DC Jail.

William Davenport, 29, is charged with first-degree murder while armed for allegedly shooting 27-year-old Leonard Turner on May 14, 2021, on the 400 block of 2nd St, NW. According to court documents, Turner suffered multiple gunshot wounds to the body and succumbed to his injuries later that day.

Despite hearing arguments from both parties, Judge Dayson refrained from making a ruling on the defense’s motion for release, insisting upon waiting for Davenport’s release from quarantine.

“I’ll rule when Mr. Davenport is present,” Judge Dayson said.

The July 21 hearing was a continuance of a previous motion hearing that occurred on June 23, where defense attorney Jacqueline Cadman filed a motion for the court to reconsider the probable cause and detention findings from Davenport’s preliminary hearing in November 2021.

During the hearing, Judge Dayson heard arguments from both the prosecution and defense regarding Davenport’s detention status. The prosecution decided to not add on more evidence despite requesting more time for preparation during the previous June 23 hearing.

Cadman previously argued, during the June 23 hearing, that since the surveillance video of the robbery and the still shots from the footage were precluded, the prosecution’s case had been substantially weakened.

The surveillance footage of the incident was precluded from evidence following the prosecution’s violation of not disclosing pertinent information to the defense, such as specific written statements, oral statements, documents and objects.

Without it, Cadman said, legal identification of Davenport and relevant witnesses are near impossible.

The prosecutor requested that Davenport remain in detention. Due to the hole left by the omitted surveillance footage, prosecutors maintained that Judge Dayson focus on other factors to determine Davenport’s detention or release.

Of these factors, prosecutors highlighted the fact that Davenport has been arrested 17 times since 2012, the nature of Davenport’s crime of violence, and Davenport’s alleged distribution of drugs in front of a local shelter.

“There is no case law that says the weight of these factors change the closer you get to trial and the further you are from arrest,” Judge Dayson stated.

Judge Dayson said her concern is that, due to the omission of the tapes, the prosecutor’s case will not stand in trial.

The prosecution still maintained that there was more evidence but was not willing to disclose it.

“I’m supposed to assess evidence that I hear and know about,” Judge Dayson said.

Prosecutors claimed that the omission of the video and still shots does not detract from the previous finding of probable cause in Davenport’s preliminary hearing.

Cadman requested that Davenport be placed under the high intensity supervision program (HISP). She said Davenport would be able to attain employment and live with family upon release.

Cadman also noted that Davenport is working with fellow inmates to create a non-profit called “Stay Out” to help former inmates reintegrate into society.

“Given the weakness of the government’s argument, release is the only appropriate option,” Cadman said.

The hearing is scheduled to continue on July 29.

Jury Aquits Homicide Defendant on Almost All Charges in 2018 Drive-By Shooting

A jury found a homicide defendant not guilty of all charges except for obstruction of justice in connection to a 2018 drive-by shooting that killed one person and injured three others.

Torey Stockton, 24, was accused of killing 23-year-old Jasmine Light on Jan. 17, 2018, by shooting into a crowd outside of a convenience store on the 1500 block of U Street, SE.

Returning its verdict on July 21, the jury found Stockton not guilty of first-degree or second-degree murder while armed, three counts of assault with intent to kill while armed and four counts of possession of a firearm during a crime of violence.

The jury did, however, find Stockton guilty of obstruction of justice for calling his then-girlfriend, Kayla Thompson, from the DC Jail and asking her to delete incriminating evidence from his social media accounts.

Thompson also faced an obstruction of justice charge as Stockton’s co-defendant for erasing social media evidence but was found not guilty by the jury.

Light’s family attended the hearing virtually via WebEx. The trial began July 7. Deliberations began July 19.

Defense attorney Rachel McCoy asked for Stockton’s release as he awaits the sentencing date. He has been detained since his arrest in June 2018.

DC Superior Court Judge Marisa Demeo rejected this request, referring to pending felony charges, including, as the prosecutor described, “multiple counts of assault on a police officer.”

“We would be very concerned about his release into the community at this point,” one of the two prosecutors said.

Judge Demeo scheduled the sentencing for Sept. 16.

Motion Hearing Rescheduled IN homicide Case

During a hearing on July 22, DC Superior Court Judge Marisa Demeo scheduled a new date for a motion hearing.

Derek Turner, 31, and Ronnika Jennings, 44, are charged with first-degree murder while armed, obstruction of justice 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.

Turner is also charged with first-degree murder while armed for allegedly shooting of 23-year-old Devin Hall on Jan. 7, 2017, on the 3500 block of 6th Street, SE.

Jennings is accused of providing Turner with confidential information during her time as a customer service representative for the Metropolitan Police Department. Another co-defendant, Duan Hill, 33, is currently charged with conspiracy and obstruction of justice.

Parties were unable to continue addressing the motions in the case because Turner is currently under quarantine at the DC Jail until July 28.

The trial is estimated to last eight to 9 weeks with the prosecution expecting to call around 80 witnesses.

Judge Demeo scheduled the motion hearing to continue on Sept. 6, which was originally supposed to be the first day of jury selection. The trial has been tentatively scheduled for Sept 7.

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