Judge Dismisses Homicide Case Without Prejudice

A judge granted the prosecution’s motion to dismiss a murder case without prejudice and in good faith on Feb. 1.

Kenneil Cole, 28, was 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 Delonte Wallace, on the 2400 block of Skyland Place, SE on June 25, 2018.

The defense attorney said he would not oppose the motion to dismiss the case, but that because it is without prejudice, meaning the prosecution can bring the case up again in the future, he would be ready to go through with the case.

The prosecutor said the prosecution has no intent of addressing the charges in the future, unless new evidence is discovered.

DC Superior Court Judge Maribeth Raffinan approved the motion to dismiss.

As of Feb. 20, 2020, Cole was released under the High Intensity Supervision Program (HISP). After dismissing the case, Judge Raffinan told Kearney and his Pretrial Services Agency (PSA) representative that he would no longer need to be monitored.

Judge Approves Motion Timeline in Murder Case

A DC Superior Court judge approved the defense attorney’s motion for a timeline in regard to filing prior to a motion hearing for a homicide case.

Jean Kearney is charged with second-degree murder while armed for allegedly shooting 33-year-old Dontra Harris on April 5, 2021, on the 1800 block of 24th Street, NE. Kearney is also being charged with assault on a law enforcement officer while armed.

Michael Madden, Kearney’s defense attorney, requested a motion hearing to be scheduled for Feb. 24, a few weeks before trial is set to start in March of 2023, and requested the motion filing due date be Feb. 6 in order for both parties to have time to respond.

The prosecution and defense said they anticipate that the trial would take approximately two weeks.

The prosecutor said she expects to have expert witnesses on firearms and tool markings alongside other witnesses.

Kearney is currently being held at DC Jail and is scheduled to return to court on Feb. 24.

Sex Abuse Defendant’s DNA Couldn’t Be Excluded, Analyst Says

DNA from a 13-year-old sex abuse case was the subject of numerous expert witness testimony on Jan. 31, the second day of a sex abuse trial.

The case, which had been unsolved for years, involved a 47-year-old defendant who is charged with first-degree burglary, kidnapping, assault with intent to commit first-degree sexual abuse with force, robbery, and two counts of first-degree sexual abuse while threatening the victim in connection to a sex assault on June 12, 2010, on the 1700 block of Lanier Place NW.

A DNA analyst testified that there was a mixture of at least two individuals on the evidence he was given.

could not be excluded, the analyst said.

The trial is scheduled to resume on Feb. 1.

Judge Continues Preliminary Hearing for Homicide Defendant

On Jan. 31, DC Superior Court Judge Maribeth Raffinan continued a preliminary hearing for a 2022 homicide case.

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

Despite hearing arguments from both parties, Judge Raffinan refrained from making a ruling on probable cause.

Whittington was discovered on the roadway close to the back driver side of a black Lexus automobile that was parked nearby, according to the lead MPD detective.

He was lying on his left side with his head resting on the street in a pool of blood, the detective said.

A pistol was discovered on the left side of the belt buckle. The detective reported that no one immediately saw the pistol since it was concealed between the victim’s shirt and belt buckle.

The detective also said he requested the list of tenants and footage from the surveillance cameras of the apartment the day after the murder.

In the video, the detective said he noticed that every camera was “offline.”

The property manager was able to access the apartment complex’s basement where he discovered that the door had been forced open and that the DVR system that was linked to the camera system was missing.

The last image that was captured before it was disconnected was of a male in all black standing in the room.

Defense attorney, Jason Tulley, began his cross examination by playing body worn camera footage from the day of the homicide.

A witness is heard informing the responding police officers that she saw two males arguing.

She characterized the suspect as a black male, about 5’7″ and 250 pounds, who appeared to be in his early or late 50s. She added that the man had a bald head.

Tulley said the witness gave the shooter’s height as 5’7″, but at the time of his arrest, Gaskin was 6’2″.

The witness added that the gunman had no obvious tattoos, but Tulley emphasized that Gaskin was heavily covered in tattoos.

The shooter, according to the witness, was bald, while Gaskin had hair on the sides and the back of his head. The upper center was the only area where he was hairless.

“You didnt try to look for a picture or ask witnesses how much hair Mr. Gaskin had the days leading up to the shooting?” Tulley asked the detective.

“I did not,” the detective replied.

The shooter was characterized as being in his 50s by the witness. Gaskin was “youthful looking” and 35 years old at the time, Tulley said.

According to the witness, the shooter had a medium build, but Tulley said Gaskin was a very big man who weighed 320 pounds at the time.

The witness was accurate, according to the defense, regarding the time of the shooting, the altercation between the two males, the fact that the victim was shot in the head, the fact that there was only one shot, and the location of the victim at the time of the shooting.

“She was pretty spot on about the time and most details,” Tulley said.

Parties are set to reconvene on Feb. 1.

Document: Homicide in Northwest

Metropolitan Police Department detectives are investigating a homicide that occurred on Jan. 30, on the 500 block of Somerset Place, NW.

According to a press release, at about 2:56 pm, officers located 36-year-old Michael Gaddis suffering from an apparent gunshot wound. He was pronounced dead at a local hospital.

Document: Arrest Made in a Homicide

Metropolitan Police Department detectives made an arrest in connection to a homicide that occurred on Jan. 7, on the 1000 block of Quincy Street, NE.

According to a press release, at about 3:56 am, officers located 13-year-old Karon Blake suffering from apparent gunshot wounds. He was pronounced dead at a local hospital.

On Jan. 31, 41-year-old Jason Lewis was arrested and charged with second-degree murder while armed.

Judge Sentences Defendant Above Mandatory Minimum

DC Superior Court Judge Milton Lee sentenced a defendant to 4-years of incarceration and 3-years of supervised release for a charge of unlawful possession of a firearm.

On Jan. 23, 2020. Emanuel Talyor, 38, along with Stanley Brown, 29, were allegedly charged with first-degree murder in connection to a shooting on the 1600 block of F Street, NE. The shooting wounded Jimmy Beynum, 36, resulting in his death six days later.

Taylor was sentenced by Judge Lee on Jan. 31. He pleaded guilty to one count of unlawful possession of a firearm in October of 2022. The agreement both parties settled on was a 3-5 years sentence and to drop two previous misdemeanor charges.

Defense attorney Brandi Harden, on behalf of Taylor, tried to convince Judge Lee that Taylor should be sentenced to the mandatory minimum which is 3 years taking into consideration his work thus far while in jail participating in programs and working on bettering himself.

The prosecution asked for 4.5 years of incarceration, reiterating Talyor’s criminal history and his multiple past firearm possession offenses. In addition, the prosecution linked Taylor to the homicide committed by Brown and his attempt to dispose of the firearm.

Taylor begged Judge Lee continuously throughout the hearing to find it in his heart to give him another chance and sentence him to the 3 year mandatory minimum, saying prison is tough and he wants to be around his mother, 12-year-old daughter and people who love him.

“I choose life, I choose life”, Taylor said.

Judge Lee raised serious concerns about Taylor’s criminal history being more than 19 pages long, his many unlawful firearm possession offenses, and the chances he wasted in the past.

“Gun violence is destroying everything good about the District of Columbia”, Judge Lee added.

Judge Lee granted Harden’s request to make a recommendation for Talyor to be held in the Federal Correctional Institution Schuylkill in the state of Pennsylvania where he is closer to his family.

“Seven-years? I do not get it man”, said Taylor as the marshal walked him out of the courtroom.

Homicide Defendant Uses Self Defense in Request for Release

A lawyer representing a homicide defendant accused of murdering a 13 year old attempted to get him released on account of self-defense during a presentment hearing on Jan. 31.

Jason Lewis, 37, is charged with the second-degree murder of 13-year-old Karon Blake. Lewis allegedly shot Blake on the 1000 block of Quincy Street, NE on Jan. 7 as Blake approached Lewis’ property. A camera mounted outside of Lewis’ home captured the incident.

Defense attorney Lee Smith attempted to rationalize Lewis’ actions, stating that he was acting in self defense, believing himself to be in danger.

The prosecution argued that Lewis intentionally extended his arm across his property and shot, therefore making him the aggressor. The prosecution pointed out that the series of events was clearly shown in the video.

“There was no basis for reasonable fear at the time,” the prosecution said.

Smith responded by continuing to make a case for Lewis, stating he was an upstanding citizen, held a legal firearm license, called 911 upon the incident happening, and had no criminal record. Smith argued that Lewis should be released and that he was not a danger to society.

D.C. Superior Court Judge Judith Pipe denied this request.

“This offense is exceptionally concerning, and there is significant evidence against him,” said Judge Pipe. She was not willing to release him or hold him in home confinement.

Lewis is being held without bond. The next hearing is set for Feb. 13.

Judge Decides to Move Forward in Murder Case Despite Only Having Circumstantial Evidence

DC Superior Court Judge Anthony Epstein found in a preliminary hearing on Jan. 31 that there was substantial probability that a jury could convict a defendant of murder.

Tyriq Williams, 31, is charged with first-degree murder for allegedly murdering Terry Clark, 20, on Jan. 7 on the 1200 block of Half Street, SE.

Judge Epstein said he found substantial probability for second-degree murder against Williams because there was no evidence of self-defense and no explanation for the calm demeanor Williams portrayed after the shooting.

A Metropolitan Police Department (MPD) detective on the case explained that there had been a single .09 millimeter casing found a few feet south of Clark’s body.

The prosecution displayed surveillance footage from the Navy Yard Metro Station, which portrayed the moments leading up to the shooting and the incidents after the shooting. The footage shows Williams, a female, and Clark exiting an escalator. The detective said Williams and the female were together, but they did not appear to have any relationship to Clark.

The detective said there was no actual footage of the shooting, Clark falling down, or WIlliams possessing a firearm and that there are no eyewitnesses.

The detective also explained that a witness in the case, who did not see the shooting, was the only person to call 911. That witness could not identify a suspect. However, the witness did identify that the person standing next to Clark’s body was wearing a dark coat. According to the detective and surveillance footage, Williams had been wearing a tan coat.

Defense attorney Kevin Mosley showed the detective numerous videos of Williams and the female leaving the train and what appears to be Clark rushing up to them and shouting something while motioning in the air.

Mosley proceeds to show further footage where Clark exits the metro station, heading right, where Williams proceeds to follow for a few seconds then returns to the metro station.

Mosley clarified with the detective that there had been no weapons or ammunition recovered at Williams’ residence and that there had been no forensic evidence connecting Williams to the crime. The detective agreed with Mosley on these instances.

Mosley asked the detective if the woman seen with Williams could provide any further information.

The detective explained that the woman did not mention seeing Williams with a firearm and did not see Williams shoot anybody.

The detective also described that the entrance wound was to the right eye of Clark, although the surveillance footage shows Williams behind Clark a little bit before the incident.

The defense clarified with the detective that numerous pedestrians had walked past Clark on the ground and that it could not be confirmed if anything had been taken off his person.

The prosecution requested that substantial probability be established.

Mosley disagreed, explaining that Clark could have been the initial aggressor leaving Williams’ case to self defense.

Mosley requested that Williams be released to home confinement being that he is 31 and has no prior criminal history and is a positive role model in the community.

Judge Epstein denied the request and kept Williams in custody.

The parties are scheduled to reconvene for a felony status conference on March 24.

Prosecution Pushes for Information on Whereabouts of Victim’s Body

In a Jan. 31 status hearing, the prosecution said a plea agreement would only be drafted if the defendant gave information on the location of the victim’s body.

Issac Moye, 46, is being charged with second-degree murder in connection to the disappearance and presumed death of 24-year-old Unique Harris. Harris was last seen around the 2000 block of Hartford Street SE on Oct. 10, 2010. Her body was never found.

Moye was seen arguing with Harris the night she went missing and was pinged by GPS tracker multiple times the following day by that area of Hartford Street.

Moye is currently being held at DC Jail.

Defense attorney Jason D Tulley discussed a motion filed before another judge in connection to other cases to argue for better representation of eligible black jurors.

“Only 30 percent of perit jurors are black, down 15 percent from the 45 percent of eligible black jurors,” Tulley said. He said he does not believe this motion will cause delay before the trial date.

Moye’s next hearing is scheduled for April 26.

Defense May Pursue Independent DNA Testing in Double Homicide Case

During a Jan. 31 hearing, defense attorney Franz Jobson discussed a possibility for independent DNA testing in a murder case.

Keanan Turner is charged with two counts of first-degree murder and one count of assault with intent to kill in connection to allegedly shooting Wanda Wright, 48, and Ebony Wright, 31, as well as the injuring another victim on the 2000 block of Good Hope Court, SE on April 12, 2021.

Jobson said there were technical difficulties in obtaining some evidence, and he would be ready by the next hearing date to determine if independent DNA testing would be pursued.

Turner, 33, is said to be the father of Ebony’s child.

According to the Metropolitan Police Department, members of DC Fire and Emergency Services were dispatched to the scene shortly before MPD because of an active fire alarm. DC Fire and EMS said the cause of the fire was burning documents that Ebony served to Turner for child support through DC Family Court.

The next hearing is scheduled for Feb. 14.

Trial Date Approaches Nearly Five Years After Homicide of 1-Year-Old Child

A defendant in a murder case is scheduled to proceed with trial five years after the initial murder occurred.

Thirty-two-year-old Brian Wooden is charged with two counts of first-degree cruelty to children and two counts of felony murder for the death of his girlfriend’s son, one-year-old Carter Sanders, on May 26, 2018, on the 4700 block of Benning Road, SE.

Wooden’s attorney, Marnitta King, confirmed alongside the prosecution that they are prepared to move forward with trial, which is set to begin on June 12.

DC Superior Court Judge Rainey Brandt informed the prosecution and defense that motions will be due on April 7 and any responses by May 12 for the case to be ready for trial.

On the night of May 16, 2018, Sanders was found unresponsive on the 4700 block of Benning Road, SE. Despite all life-saving procedures, the child was pronounced dead shortly after arriving at the hospital. Upon inspection of the body, the medical examiner noted visible trauma to the victim’s face, abdomen, and back. The medical examiner ruled that the contusions were not accidental.

While interviewing the victim’s mother, she told officers from the Metropolitan Police Department (MPD) that she had not seen visible injuries on the victim prior to leaving the victim with Wooden that morning. The victim did not have any prior illnesses that would account for his drastic change in health, according to court documents.

Wooden told police that around 9 a.m. he dropped the victim off with his uncle while he attended domestic violence training. Wooden’s brother then picked up the victim from the uncle, and the victim was returned to Wooden around 11 a.m. Wooden noted that the victim had a red mark on his forehead, which he associated with a rug burn.

Later that day Wooden took the victim to the pool, court documents state. After returning from the pool, Wooden said he noticed the victim was sleepy but just associated that with exhaustion from the pool. Wooden told detectives that he and the victim slept for a few hours. After waking from his nap, Wooden said he noticed that the victim was unresponsive.

Wooden called 911 and performed CPR as directed by the dispatcher until DC Fire and Emergency Medical Services arrived.

The next hearing is scheduled for May 19.

After Much Debate, Defense Attorney’s Motion for Continuance Approved Again

The defense attorney in a sexual assault case has once again been met with resistance in a request for a continuance.

Attorney Michael Lawlor’s client was charged with four counts of sexual assault in 2019. At the time of the assault, both the alleged assailant and the victim served as officers under the Metropolitan Police Department (MPD). The assault occurred while both were off duty and at a spa owned by the defendant’s wife, as stated in court documents. It was while receiving a cellulite treatment at this spa that the victim said she was assaulted.

On Jan. 30, Lawlor submitted a motion for continuance. This request would further delay the trial’s start date to allow newly appointed co-counsel time to familiarize himself with the case.

In a previous hearing, Lawlor said he hoped to obtain local counsel to assist him on this case so as to “represent his client to the best of his ability.” In just a week’s time, Lawlor recruited defense attorney Brian McDaniel as co-counsel.

Both the prosecutor and DC Superior Court Judge Maribeth Raffinan were reluctant to support this motion.

After reading the motion for continuance, the prosecution urged Judge Raffinan to deny the request because he said Lawlor did not put in substantial effort to obtain local counsel and prepare him for this hearing.

Taking this into consideration, Judge Raffinan inquired as to why Lawlor enlisted McDaniel into the case.

Lawlor said he chose McDaniel because he is both “incredibly qualified” and a friend of his.

McDaniel mentioned that he was grateful for Lawlor’s praise and wished to oversee this case as co-counsel, should Judge Raffinan support it.

Since it was made clear to her that McDaniel was eager to stay on this case, Judge Raffinan approved the motion for continuance and set the next available date for the trial to begin.

Due to an immense increase in caseload from all legal parties, and backlog from the COVID-19 pandemic, the trial is now set to begin on June 10, 2024.

The trial is slated to begin nearly 5 years after the initial complaint was filed.

Defence Attorney Waits Over a Year for Client’s Indictment

During a Jan. 31 felony status hearing, the prosecution delayed filing for an indictment in a sexual assault case for the fourth time.

In 2020, the then 29-year-old victim discussed the alleged assault in a therapy session 15 years after the incident. The victim’s therapist reported the allegations to the Child and Protective Services Agency (CPSA) hotline, triggering an investigation.

The accused in question was an officer with the Metropolitan Police Department’s (MPD) 4th district. He’d met the victim in 2005 when she conducted an interview for her 10th grade history and government class. The victim was 15-years-old at the time of the assault.

According to court documents, she and the accused participated in inappropriate relations over an extended period of time.

In the most recent status hearing, the prosecution filed a motion to postpone the indictment of the defendant by another 6 weeks per COVID-19 protocols. However, the prosecutor failed to mention why he was requesting a time extension.

The defense attorney on the case, Joseph L. Wright, moved to dismiss this request, saying his client has been “extraordinarily patient in this trial.”

Wright added that he hasn’t heard a reasonable excuse for the trial’s delay and emphasized that “nothing has happened in this case” for over a year.

When the original judge’s caseload was transferred to DC Superior Court Judge Maribeth Raffinan, she agreed to uphold this regulation. She said the protocol gave the prosecution time and an extension to delay indictment proceedings to compensate for a growing caseload.

Regardless of Wright’s reasoning, Judge Raffinan disagreed with him, saying she was inclined to maintain the original COVID policy and set an alternate hearing date.

Judge Raffinan set a new indictment deadline in the case for June 6.

The next hearing in this case was scheduled for March 23.

Document: Homicide in Northeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Jan. 30, on the 1500 block of Anacostia Avenue, NE.

According to a press release, at about 8:21 am, officers located 39-year-old Lennette Clark suffering from apparent trauma inside of a residence. She was pronounced dead at the scene.

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