Judge Sentences Shooter in Leaf Blower Incident to 5 Years

DC Superior Court Judge Jennifer Di Toro sentenced a non-fatal shooting defendant to five years of incarceration on Aug. 20 for an incident that began as an argument over blowing leaves.

Lawrence Murphy, 52, was convicted by a jury on April 4 of aggravated assault knowingly while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction greater than a year, possession of an unregistered firearm, and unlawful possession of ammunition. The charges stem from his involvement in a non-fatal shooting that injured one victim in his wrist on the 1300 block of Queen Street, NE on March 31, 2020.

According to court documents, the incident ensued after the victim, a landscaper, was blowing leaves into Murphy’s yard.

At the start of the sentencing, Judge Di Toro noted that despite Murphy’s absence of a criminal history, the law required her to impose a mandatory minimum of five years of incarceration.

Prosecutors requested Murphy receive a sentence of 12 years of incarceration–five years for aggravated assault, five years for possession of a firearm during a crime of violence, one year for unlawful possession, three months for the unregistered firearm, and three months for the ammunition charge.

The prosecution emphasized that the victim was an entrepreneur in the community, and the injury changed his daily life because he lost mobility in his wrist. The victim did not attend the sentencing, but prosecutors asked Judge Di Toro to recall his testimony from the trial.

Alvin Thomas, Murphy’s attorney, emphasized the mental health and cognitive struggles Murphy faces. According to Thomas, Murphy was a victim of a past incident that left a bullet in his head, which impacts his impulse control.

Thomas requested a sentence below the guidelines and Judge Di Toro interrupted to remind him of the legal minimum. “I can’t depart,” said the judge.

Judge Di Toro pointed out “Murphy has some genuine struggles” but that the incident caused harm to the victim and the community. She noted bystanders who testified during the trial reported hearing the gunshots.

Judge Di Toro sentenced Murphy to five years for aggravated assault, five years for possession of a firearm during a crime of violence, one year for unlawful possession, three months for the unregistered firearm, and three months for the ammunition charge. All time will run concurrent.

Murphy will serve a total of five years of incarceration with five years of supervised release. He will also be required to register as a gun offender in DC upon his release.

Immediately following the sentencing, US Marshals took Murphy away.

No further dates were set.

Document: MPD Arrests Suspect in Northeast Stabbing

The Metropolitan Police Department (MPD) announced the arrest of 41-year-old Cornell Shumate in connection with a stabbing that occurred on May 30 on the 3900 block of Minnesota Avenue, NE. The victim, an adult male, was physically assaulted and stabbed by multiple suspects and was treated for non-life-threatening injuries. Shumate has been charged with Assault with Significant Bodily Injury (Knife).

Document: MPD Investigating Fatal Pedestrian Crash

The Metropolitan Police Department (MPD) announced they are investigating a fatal pedestrian crash that occurred on Aug. 14 in Northeast. The victim, identified as 34-year-old Deon Cherry, was found unconscious in the rear alley of the 1600 block of Benning Road and was pronounced dead at the scene. Preliminary findings suggest Cherry was struck by two vehicles, whose drivers did not remain at the scene.

Document: MPD Makes Arrest in 2024 Kentucky Avenue Homicide

The Metropolitan Police Department (MPD) announced the arrest of 36-year-old Kareem Thomas in connection with a 2024 homicide on 16th Street and Kentucky Avenue, SE. On Oct 21, 2024, officers found 23-year-old Jakele Allen deceased from gunshot wounds. Thomas was apprehended in Mount Vernon, NY, and extradited to Washington, DC, where he faces charges of Second Degree Murder while Armed.

Document: MPD Arrests Suspect in Knox Place Homicide

The Metropolitan Police Department (MPD) announced the arrest of 30-year-old Tarik Settles, who is alleged to have been involved in a homicide on April 22 on the 2900 block of Knox Place, SE. The victim, identified as 22-year-old Dar’Juan McRoy, was found with gunshot wounds and pronounced dead at the scene. Settles has been charged with First Degree Murder while Armed.

Document: MPD Makes Arrest in Southeast Shooting

The Metropolitan Police Department (MPD) announced the arrest of 21-year-old Corneal Smith in connection with a shooting on Aug. 16 on the 2200 block of Minnesota Avenue, SE. Smith allegedly fired a handgun at the victim, who sustained non-life-threatening injuries and was treated at a local hospital. The case remains under investigation.

Document: MPD Makes Arrest in 2024 Southeast Stabbing

The Metropolitan Police Department (MPD) announced the arrest of 49-year-old Dennis Christie, of Baltimore, MD, for his alleged involvement in a stabbing incident that occurred on April 22, 2024, on the 4800 block of F Street, SE. The victim sustained non-life-threatening injuries and was treated at a local hospital. Christie was charged with Assault with a Dangerous Weapon (Knife).

Document: MPD Investigating DC-295 Fatal Pedestrian Crash

The Metropolitan Police Department (MPD) announced they are investigating a fatal pedestrian crash that occurred on Aug. 2 in the northbound lanes of DC-295. The victim, identified as 58-year-old Lee Clark from Capitol Heights, MD, was struck by a blue 2025 Toyota Camry, whose occupants fled the scene on foot. Detectives from MPD’s Major Crash Investigations Unit are leading the investigation.

Document: MPD Investigating Anacostia Homicide

The Metropolitan Police Department (MPD) announced they are investigating a triple shooting in Anacostia on Aug. 5 that resulted in the death of 29-year-old Devonta Bazemore. The incident occurred on 1800 block of U Street, SE. Two other victims, an adult male and an adult female, were injured but survived with non-life-threatening injuries.

Document: MPD Seeking Suspect in Northwest Fatal Shooting

The Metropolitan Police Department (MPD) announced they are seeking assistance in identifying a suspect involved in a fatal shooting that occurred on Aug. 3 on the 400 block of New Jersey Avenue, NW. The victim, 27-year-old Akim Toure from Riverdale, MD, was found with gunshot wounds and later pronounced dead at a hospital. Surveillance images of the suspect have been released to aid in the investigation.

Defense Argues Homicide Defendant’s Phone Was Unlawfully Seized by Police

On Aug. 15, defense attorneys Dominique Winters and Hannah Claudio argued before DC Superior Court Judge Rainey Brandt that their client’s cellphone was unlawfully seized by the Metropolitan Police Department (MPD). They asked the court to exclude all evidence taken from the device.

Walter Jenkins, 36, is charged with first-degree murder while armed, two counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction greater than a year, and carrying a rifle or shotgun outside a home or business. These charges stem from his alleged involvement in the death of David Williams, 52, on the 2000 block of Bruce Place, SE, on Nov. 14, 2021. The incident also left a surviving victim with multiple gunshot wounds to their legs.

Winters argued prosecutors had the burden of proving why the phone was seized in the first place. She asserted that the search warrant lacked probable cause and was issued after an excessive delay, pointing to a Supreme Court ruling that says search warrants must be issued within a certain amount of time.

Winters also cited the case Burns v. United States, a DC Court of Appeals case decided in 2020, which established that search warrants must be very specific to be justified. She argued the prosecution had more than a year to adjust to that decision at the time of Jenkin’s case and still failed to comply.

Winters added that Jenkins needed his phone during the time it was seized to access contact information for witnesses and to add money to his commissary account at the DC Jail.

Prosecutors argued that Jenkins had other means of communication, pointing to his jail call history as proof. They also said the search warrant was authorized by a DC Superior Court judge and was much more detailed than Winters suggested.

In a presentation, Winters argued that “red flag” language used in the warrant, such as “Based on my training and experience” and “There is reason to believe,” relied on assumption rather than fact. She also said prosecutors failed to prove Jenkins used his phone during the time of the alleged crime, which is required under Burns.

Winters concluded that using the phone as an investigative lead was an unconstitutional privacy invasion. “You cannot execute a search warrant in hopes you’ll find evidence of a crime committed,” Winters told the court.

Prosecutors admitted they weren’t prepared to argue the motions orally saying such challenges are typically filed in writing. They said Jenkins sisters had multiple altercations with the victim and that text messages describing those disputes are relevant to proving motive.

The prosecution also said they had probable cause Jenkins used his phone at the time of the crime. They pointed to video footage showing a person said to be Jenkins holding his cellphone and noted that people often use phones while driving for Bluetooth or music.

Judge Brandt allowed prosecutors additional time to respond to the defense.

The court is scheduled to reconvene on Aug. 19 to continue the motions hearing and anticipate a ruling from Judge Brandt.

‘I Miss The Version Of Myself I Was Before I Lost Him,’ Says Victim’s Mother at Sentencing

DC Superior Court Judge Jason Park sentenced a homicide defendant to 24 years following emotional impact statements from the victim’s family on Aug. 15.

Nyjell Outler, 22, was convicted by a jury on March 18 of voluntary manslaughter while armed, aggravated assault while armed, and two counts of possession of a firearm during a crime of violence for his involvement in the fatal shooting of 21-year-old Demetris Johnson on March 20, 2021 on the unit block of Madison Street, NE at a gender reveal party.

“[Outler] was carrying an AK-style rifle (known as a “Draco”) in a backpack. He was at the party for a little more than a half hour before the shooting,” according to an Aug. 18 release from the US Attorney’s Office.

The incident also left a surviving victim with gunshot wounds to both legs. All charges face an aggravating factor of being committed during Outler’s release for another matter.

The sentencing attracted a crowd to the courtroom, with family members of both Outler and Johnson present, in addition to at least nine US Marshals and courtroom security personnel–an increased security presence prompted by a fight among courtroom visitors during the trial.

Prosecutors requested Outler serve 35 total years of incarceration–15 years for voluntary manslaughter, 10 for aggravated assault, seven years for each possession charge to run concurrent with each other, and three years for offenses committed during release.

“This is the person you’re sentencing today,” said prosecutors and urged Judge Park to consider Outler’s actions surrounding the incident when imposing sentence. They elaborated that seven weeks before the shooting, Outler was arrested for carrying an AK-47 styled rifle, the same type of gun that killed Johnson. Prosecutors also noted that Outler disappeared for 11 months after the homicide until US Marshals found him in Florida. At one point Outler was listed as one of the agency’s 15 most wanted suspects.

Outler, according to prosecutors, had five notable infractions during his time at the DC Jail, including a sexual assault with video evidence. They also claimed Outler stabbed someone at the jail days prior to his sentencing.

Johnson’s family members provided emotional statements to the court, all requesting the maximum sentence. “When you go to a baby shower you pack your gifts, you don’t pack your gun,” expressed Johnson’s grandmother.

“This kind of pain breaks you in ways that don’t heal…I miss the version of myself I was before I lost him,” said Johnson’s mother through tears. “He was my why…the source of my strength,” she continued.

“Let him grow old in prison,” said Johnson’s mother and asked Judge Park to “protect other families from this pain.” She also emphasized she felt Outler “showed no remorse…smiling in court.”

Prosecutors concluded, “What [Outler] does is assault and kill people…he’s a danger to society.”

Gemma Stevens, Outler’s attorney, disputed prosecutors’ characterization of Outler “as the villain in this story” and said “Outler is more than the worst thing he has ever done.” Stevens requested Judge Park impose a sentence at the bottom of the guidelines.

Stevens said Outler carries a “very heavy burden” and “feels deep remorse about what happened.” Regarding Outler’s infractions in jail, Stevens claimed he’s been targeted at the jail because of this case.

Outler’s mother spoke on his behalf and asked Judge Park to “give him a chance to learn from his mistakes and be a better person.”

Through tears, Outler apologized to Johnson’s family and said “I want to take full accountability for bringing a gun.” At a loss, Outler concluded “There’s no words I can say today.”

First, Judge Park addressed the Youth Rehabilitation Act (YRA), which allows people under 25 who are convicted of certain crimes to have their convictions sealed or cleared after they successfully complete their sentence and potentially offers sentencing flexibility for the defendant.

Despite Outler’s young age of 18 at the time of the incident, his family’s support, and this as his first adult conviction, Judge Park denied the application of the YRA due to Outler’s problematic compliance at the jail and the seriousness of the offense.

Judge Park continued a sentence at the bottom of the guidelines would not reflect the severity of the crime. He noted that Outler was on supervised release for possessing the same type of weapon used during the murder.

Judge Park sentenced Outler to 150 months for voluntary manslaughter with 30 added months for offenses committed during release, concurrent with 114 months for the possession charge. Additionally, 84 months for aggravated assault with 24 added months for offenses committed during release, concurrent with 108 months for the possession charge.

Outler received a total sentence of 24 years of incarceration with five years of supervised release. He will also be required to register as a gun offender in DC upon his release.

No further dates were set.

Judge Denies a Murder Defendant’s Motion to Exclude Identification Testimony

DC Superior Court Judge Rainey Brandt denied a motion to exclude the identification testimony from someone who knew a murder defendant intimately during a hearing on Aug. 19.

During the hearing, Judge Brandt heard defense attorneys, Hannah Claudio and Dominique Winters’, motion to exclude one of the prosecution’s witnesses from testifying about Jenkins’ identification. The prosecution said they planned to call the mother of Jenkins’ three children to the stand who could identify herself and Jenkins in a surveillance video of them entering a car before the incident.

Claudio argued that it would be unnecessary as the jury can make the determination themselves. She stated the jury can make the inference based on the photo in the warrant and other evidence that shows Jenkins’ physical features.

Prosecutors rebutted the claim stating that the identification of Jenkins in the video would be of high value to the jury as the surveillance video does not clearly show his face. In addition, since the witness had a relationship with Jenkins, her ID would be credible.

Ultimately, Judge Brandt denied Jenkins’ motion to exclude this witness’ testimony stating it is of evidentiary value.

Judge Brandt then heard arguments regarding Jenkins’ motion to suppress cell phone data. Claudio claimed the prosecution needed to establish specific proof in the phone that supported a warrant to collect that information.

The prosecution argued that they did not need specific text messages or information but just probable cause in order to retrieve the Jenkins’ cell phone data. They stated it is common for people to make connections and communications with their phone when committing a crime. The prosecution also added that they were not searching the data of the entire phone and there were limitations on the warrant’s scope

Judge Brandt also heard arguments on another motion regarding cell site data from Jenkins’ phone which the defense said was overly broad. Cell site data could determine Jenkins’ approximate location based on the information analyzed from signal relay towers.

Claudio stated that there was no information in the warrant that the time frame of cell site data would apply to Jenkins. Further, the warrant would violate Jenkins’ privacy as it could reveal his whereabouts. Claudio also argued that it was not reasonable for the officer to collect cell site data since the warrant didn’t specifically mention it.

In response, the prosecution argued that there was strong evidence of Jenkins’ alleged involvement in the stabbing to support collecting the data. They stated that Jenkins’ likely had his phone on him and the data would show if he was in the vicinity at the time of the crime.

The prosecution then claimed that their request of a 10 day time period of Jenkins’ cell site data is not a violation of privacy as they only want a slice of time related to the crime. The prosecution also stated that it was reasonable for the officer to search the cell site data as he was just acting based on what was written and signed in the warrant.

Judge Brandt decided to rule on the two motions in the coming days.

Parties are slated to reconvene for the jury trial on Aug. 25.

Judge Questions Suspect’s Mental State in Family Fast Food Shooting Melee

DC Superior Court Judge Eric Glover granted new counsel and ordered a mental competency exam for a shooting suspect who reportedly became incensed over a fast food order in an Aug. 15 hearing.

Jaquan Proctor, 22, is charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in shooting at his brother on the 5500 block of Illinois Avenue, NW on July 30.

According to court documents, Proctor initially became upset after his brother, along with the mother of Proctor’s baby, brought a McDonald’s food order back to their house. Proctor was said to be a regular visitor to see his child.

Proctor complained the food order was incorrect and became increasingly agitated. The police report says Proctor and his brother began cursing at each other and Proctor hit his brother in the face. At which point, Proctor reputedly said, “I’m going to get my gun!” According to the police account, Proctor went to a bedroom and returned with a Glock-like handgun.

Then Proctor’s baby mother tried to intervene yelling, “Our daughter is here!” The victim retreated to a bedroom where he and Proctor struggled over control of the gun. During the melee, Proctor allegedly fired a shot into the bedroom door and fled. No one was injured.

Proctor was later identified as the suspect in a police photo.

During the preliminary hearing, Proctor’s lawyer, Atiq Ahmed, informed the court Proctor requested a new lawyer because he wanted someone younger who could understand him.

Despite Judge Glover’s admonition not to speak, Proctor insisted Ahmed did not understand the facts of his case.

Judge Glover accepted the request and informed Proctor he would get him new counsel. In addition, he also ordered a mental competency exam for the defendant.

As such, the judge delayed Proctor’s preliminary hearing until his new attorney is appointed and parties receive the competency evaluation results. Proctor can’t stand trial unless he understands the accusations and is able to work with his lawyer.

Parties are slated to reconvene on Aug. 21 for a mental observation hearing and ascertainment of counsel.

‘I Think You Should Get Life,’ Says Murder Victim’s Mother After Defendant Pleads Guilty

DC Superior Court Judge Todd Edelman let a grieving mother say a few words after a homicide defendant accepted a plea deal on Aug. 14.

De’Andre Sams, 29, was originally charged with first-degree felony murder while armed, assault with attempt to kill while armed, attempted robbery while armed, conspiracy while armed, and three counts of possession of a firearm during a crime of violence. The charges stem from his involvement in the fatal shooting of 32-year-old Matthew Miller during an attempted robbery on Sept. 6, 2023, on the 200 block of M Street, SW. Two other individuals were injured during the incident.

Raymond Mathis, 38, and Keshawn Lavender, 24, are also charged for their alleged involvement in the incident. Judge Edelman granted defense motions to sever Sams from his two co-defendants on July 23 because Mathis and Lavender indicated they intend to call Sams as a witness during their trial.

During the hearing, Sams’ attorneys, Jessica Willis and Diana Yu, informed Judge Edelman that Sams accepted a plea deal extended by prosecutors.

Sams pleaded guilty to voluntary manslaughter while armed, an offense that carries a potential maximum of 30 years of imprisonment. However, in exchange for Sams’ guilty plea, prosecutors agreed to a sentence ranging from eight-and-a-half to 13 years. Prosecutors also agreed to dismiss Sams’ remaining charges.

After Miller’s mother heard Sams accept the plea deal and the agreed upon sentence length, she waa upset. Judge Edelman let her express her dissatisfaction to Sams saying, “You should get life because you took his life.”

Miller’s mother said her son was a hard working man and did not deserve to die the way he did.

She ended her statement by saying “I am not in a forgiving mood right now and I don’t think I ever will be, but I think you should get life.”

Parties are slated to reconvene for sentencing on Oct. 17.

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