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Sex Abuse Defendant’s Sentencing Postponed

DC Superior Court Judge Robert Okun continued a sentencing hearing, so the defendant could review the paperwork regarding the sentencing to effectively represent himself.

Akiem Williams, 38, was detained and charged on Oct. 1, 2020, in connection with an incident that occurred on Sept. 6, 2020, on the 800 block of Quincy Street, NW. The victim, Giselle Hartzog, passed away in 2021 for unrelated reasons, but she told detectives, at the time, that Williams followed her out of the nearby Metro station, chased her into the lobby of an apartment building, beat her and pulled at her clothing.

The prosecutor said she gave the paperwork to Williams stand by counsel, Howard McEachern.

Williams asked Judge Okun why the prosecution sent the paperwork through McEachern and not directly to him since he is representing himself in this case.

McEachern stated that he went to the DC Jail a few days before the sentencing hearing and provided Williams the paperwork.

“I haven’t seen anything,” Williams replied.

“The pre-sentence report is a 47 page document,” Judge Okun said. “This makes me very concerned about continuing with the sentencing today. There is a lot of material that Williams himself hasn’t seen, and I’m not going to force him to read it and respond in open court today.”

The sentencing is scheduled to continue on Feb. 1.

Defendant Pleads Not Guilty to Multiple Charges

On Jan. 27, a defendant pleaded not guilty to five crimes at his felony arraignment hearing.  

Michael T. Garrett, 67, is charged with first-degree murder, first-degree murder premeditated while armed, first-degree burglary, and two counts of destruction of property of $1,000 or more for incidents that occurred on Dec. 3, 2021, on the unit block of Elmira Street, SW. Garrett allegedly assaulted 71-year-old Sylvia Matthews.

Garrett’s defense attorney, Roderick Thompson, requested a status hearing date due to new discovery, which was not discussed in court. 

According to court documents, Metropolitan Police Department (MPD) officers arrived at the scene and located the victim in the basement with severe head trauma from an apparent assault. There were blood trails on the scene with a pool of blood surrounding the victim, and a blood-covered cane near the victim’s body. 

Officers found the defendant in the basement behind a partition that separates the larger area from a laundry room. There was a blood trail from where the victim was found to where the defendant was located.

The defendant was immediately detained in the basement while officers continued their search and investigation. Garrett told officers he had gotten to the scene five minutes before they had arrived and had found the victim attacked, documents stated. 

Officers had been called earlier that day for a burglary in progress and a report was taken for destruction of property. The victim identified the suspect for the burglary as Garrett. 

Approximately one hour later, officers were called to the address again; this time for a phone call between the victim and the defendant. Through the phone call, officers advised Garrett to leave the victim alone, according to court documents.  

Based on the events of that morning, officers had probable cause that the attack on Matthews was conducted by Garrett, and they officially arrested him at the scene of the attack. 

Garrett is being held at the DC Jail.  

During the hearing on Friday, the prosecutor asked DC Superior Court Judge Robert Okun for a trial date to be set during the next hearing.

The next hearing is scheduled for April 7, and a trial date will be set during the proceeding. 

Murder Defendant Still on Release

On Jan. 27, an individual charged with first-degree murder is still on release after being unaware of a plea agreement that was offered to him on Dec. 14. 

Raymond Jones, 29, is charged with first-degree murder while armed in the shooting of Antoine Jenkins 22, and Antwan Brown, 62. Both Brown and Jenkins were found unconscious and unresponsive with gunshot wounds on the 700 block of 13th Street, NE on March 14, 2022. 

During Friday’s court hearing, the prosecutor mentioned to DC Superior Court Judge Robert Okun that he extended a plea agreement offer to Jones on Dec. 14, but that he was unaware if the defendant took it as a rejection to the plea deal. 

Defense attorneys, Pierce Suen and Jonathan Armstrong, explained that due to a timing issue, they did not have the time to offer Jones information about the plea offer. They also said they would talk to the defendant by next week about the plea agreement to respond if Jones would like to accept or reject the offer.

The prosecutor explained that he was fine with the plea agreement being responded to on a later date, however, he motioned for the judge to delay the indictment deadline from Dec. 14 to the next scheduled hearing date. 

Judge Okun, prosecutor, and defense attorney agreed to the terms. 

The indictment deadline is scheduled in March due to the defendant’s release terms. Jones was released to the High Intensity Supervision Program (HISP) on May 24 with an ankle monitor.

The next status hearing is scheduled for March 17, in which an indictment date will be decided.

Defense Attempts to Get Case Dismissed Due to Destruction of DNA Evidence

In a status hearing on Jan. 27, defense attorney Dana Page requested the case get dismissed due to contamination of DNA evidence on the prosecution’s side.

Daquan Gray, 21, is being held for allegedly murdering Jaylyn Wheeler, 15, on May 16, 2018. The incident occurred on the 600 block of Alabama Avenue, SE. Gray is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business.

Page asked DC Superior Court Judge Maribeth Raffinan if the case against Gray could be dismissed under Title 16, which gives the defense the same right to view and observe evidence  as the prosecution.

In Gray’s case, DNA evidence on swabs had been destroyed in a second round of DNA testing due to the container it was stored in not being sealed properly, according to counsel. 

Before the contamination, the swabs had shown Gray and two other unknown contributors as part of the DNA. After the contamination of the swabs, it now only shows a partial profile for Gray and nothing for the other two unknown individuals. 

The defense argued that this DNA is unusable and there is nothing left for them to examine or test. 

However, the prosecution explained that one of the swabs is still intact and has not been altered as well as numerous other pieces of evidence that have not yet been tested. 

The prosecution said the case should not be thrown out because of the initial DNA testing which showed the DNA of Gray and two others. 

Judge Raffinan denied that defense’s motion to dismiss. 

Gray is currently released on home confinement.

The parties are scheduled to return for a motions hearing on March 24.

Trouble with Phone Passcode Lead to Delay in Murder Case

The prosecution’s difficulty cracking an Iphone passcode led to a trial being moved until 2024.

Carson Posey, 23, is charged with allegedly murdering Shantal Hill, 28, on April 15, 2020, on the 1200 block of North Capitol Street, NW. Posey is charged with first-degree murder while armed and possession of a firearm during a crime of violence.

The prosecution mentioned there had been a delay in the case due to an inability to access the victim’s  phone. The prosecutor said the software being used  only allows him to attempt 10,000 different passcode combinations per week out of the theoretical million possible combinations. 

Defense attorney Jacqueline Cadman requested that the defense have access to the phone. 

Cadman said the defense has an expert that would use a different method of accessing the phone that might work better than the prosecution’s method. 

She explained that the expert would utilize common combination codes and work through the possibilities. Cadman also mentioned that issues with the phone originally had a deadline of March of 2022. 

DC Superior Court Judge Rainey Brandt denied the defense’s request for access, allowing the prosecution to keep working on the current plan.

Both the prosecution and defense agreed that an extension for trial would be needed, so Judge Raffinan set a new trial date for Jan. 8, 2024.

The parties are scheduled to return for a hearing on Feb. 10.

Judge Finds Probable Cause in Homicide Case

During a Jan. 25 preliminary hearing, D.C. Superior Court Judge Maribeth Raffinan found probable cause in a murder case.

Bernard Eddy, 23, is charged with first-degree murder while armed in connection to the shooting of Steffen Brathwaite on Sept. 10, 2019 on the 3000 block of 24th Place, SE.

The lead MPD detective in the case testified that Eddy and two suspects were seen getting into a vehicle and driving towards Ainger Place, SE.

When the detective interviewed a witness in the case, he told the detective that he didn’t know who the defendant was but a picture of the defendant and the witness was found on social media. In the picture, the witness is seen holding a Ruger firearm that was later confiscated and connected to the homicide.

According to the testimony of the case’s lead MPD detective, Eddy and two suspects were spotted getting into a car and heading in the direction of Ainger Place, SE.

The prosecutor added that Eddy was overheard saying repeatedly that he was smoking a “Steph pack” during an Instagram Live on his Instagram account.

“When a person kills someone, they name the substance they’re smoking after the person they kill and then smoke it,” the prosecutor said.

Although Eddy claimed responsibility for the shooting, according to a Langston Lane patrol officer, “HD” was the one who actually killed the victim.

Julie Swaney, the defense counsel for Eddy, asserted during cross-examination that despite the fact that “HD” is no longer alive, all the evidence leads to him as the actual shooter.

According to Swaney, “HD” threatened to shoot a witness and pop him as he did the deceased, and just before the murder, his car was shot at while his kids were inside.

She added that there were other witnesses who said “HD” and a person going by the name of “Mel Mel” were responsible for the murder.

“This case is based entirely on supposition,” she said. “Nothing is discernible.”

Judge Raffinan was urged to find probable cause by the prosecutor.

“There is probable cause that there is more than one shooter but for purposes to today, the defendant had motive, was around the area of the crime, and was celebrating after the murder,” Judge Raffinan said.

Judge Raffinan found probable cause in “at least aiding and abiding.”

“This isn’t as strong as other cases, but the ballistics point to a Ruger found in April of 2020. The photograph that was taken the same day as the murder with the Ruger firearm. Those items point to Eddy with the gun and the vehicle,” she said.

The next hearing is scheduled for April 28.

Judge Approves Further DNA Evidence is Necessary for Homicide Case

On Jan. 25, a defendant was scheduled for a hearing to discuss potential witnesses and DNA evidence.

Antwon Greene, 34, was sentenced to 48 years in prison in 2015 for felony murder, first-degree murder while armed, and a related weapons charge in the killing of Breond Keyes in 2014 at a Southeast Washington barber shop. 

Now, in a post-dispositional hearing, counsel made arguments on the need for an evidentiary hearing on the filed motion and identified potential witnesses.

Steve Kreisher, attorney for Greene, said he wanted to call a molecular geneticist to review the DNA of the scene of the crime. 

“This is a DNA case and the issues need to be thoroughly reviewed,” said Kreisher.

The prosecution said they were not clear on why they needed to call the expert witness. The defense explained that this case clearly calls for a third-party analysis of the DNA, meaning the DNA testing of a person other than the suspect. 

“I agree this is substantially a DNA issue,” said DC Superior Court Judge Craig Iscoe. 

The defense proceeded to list their remaining potential witnesses. According to the defense, two of the witnesses they wish to call could take Greene out of the scene of the crime. 

“I don’t determine what witnesses to call. I will hold a hearing on this.” Judge Iscoe said. 

The next hearing will be scheduled through the judge’s chambers as both parties will email Judge Iscoe by Feb. 9 on their respective witness list. 

Attorneys Negotiate Plea Deal for Sexual Assault Defendant

During a Jan. 26 status hearing, defense attorney, Quo Mieko Judkins, entertained the possibility of a plea deal for her client who is charged with allegedly kidnapping, carjacking, and sexually assaulting a woman. 

On Jan. 5, 2022, the defendant  was issued a warrant for his arrest in a sexual assault case nearly 6 months after the offense took place. The alleged assault occurred on July 11, 2021, when the defendant drove to pick up a plant from an online seller. After retrieving her plant, the victim sat in her vehicle to map her way home when she was attacked, according to court documents. 

On Thursday, counsel told DC Superior Court Judge Robert Okun that they were in plea negotiations. 

The documents state that the defendant, 19, approached the victim’s unlocked vehicle, where he forced his way into her passenger seat and flashed a handgun. The defendant then ordered the victim to drive  to the 500 block of Crittenden Street, NW. It was in an adjacent alleyway that the defendant ordered the victim to undress and allegedly assaulted her. Soon after, the victim fled from her vehicle while nude and sought refuge in the nearest backyard. She was taken to a hospital for examination. 

In December 2021, the defendant was identified in Maryland by his DNA profile through the National DNA Index System. This data was collected in November of 2021 after the defendant was arrested in a separate case for robbery. 

The defendant is scheduled for another hearing on March 15.

Sexual Assault Defendant to be Released Early from Court Mandated Treatment Program 

During a Jan. 26 status hearing, the time a defendant was set to spend in a bed-to-bed treatment program was reduced for reasons that were not stated in open court. 

On Sept. 29, 2019, the defendant allegedly sexually assaulted a woman who’d sought massage services from DD Balance, a spa located on the 3000 Block of Georgia Avenue, NW. The defendant, 37, worked at the spa as a massage therapist. Court documents cited the victim after the incident, and stated the defendant exposed himself to her and forced her to participate in nonconsensual sexual acts.

The defendant was indicted on two counts of first-degree sexual assault of a patient or client and one count of kidnapping. He was admitted to the program in 2022 by a court order to treat the defendant’s substance abuse.

During a status hearing on Thursday, the defense attorney shared correspondence he’d received from the defendant’s treatment officer at St. Elizabeth’s Hospital. This message stated that the defendant was to be released to the general public on Feb. 1, a month-and-a-half earlier than anticipated. He was originally set to be released from treatment on March 26.

The prosecution and representative of the victim were outwardly concerned with this change. Both said they believed that with his release, the defendant would be a flight risk. 

DC Superior Court Judge Richard D. Okun was also apprehensive of the defendant’s release. Even so, no motion to hold the defendant was raised and court was adjourned. 

The next status hearing is set to occur on Feb. 3.

Juror Causes Sentencing in Murder Case to be Postponed

A homicide defendant’s attorney said he believes one juror’s deliberation methods violated his client’s right to a fair trial.

On July 23, 2019,  Malik Holston, 20, was found guilty by a jury on all three of his indicted charges for the shooting of Gerald Watson. These charges included first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business.

According to court documents, after the guilty verdict was reached Holston’s defense attorney, Shawn Sukumar, and the prosecution spoke with some of the jury members off the record to ask questions about their deliberations.

Following this conversion, Sukumar filed a motion to vacate the jury’s guilty verdict on account of one juror saying he would have liked to hear Holston’s side of the story and, because he didn’t, he voted in favor of a guilty verdict. 

This juror’s decision-making process inappropriately shifts the burden of proof from the prosecution to Holston himself, according to Sukumar’s motion. Sukumar cites case law that disallows this “erroneous shifting” of burden, therefore, entitling Holston to a new trial.

On Jan. 26, the prosecution objected to this motion, interpreting the juror’s statements differently from the defense. He argued that there are no grounds for Sukumar’s motion and that the judge should proceed with Holston’s sentencing.

D.C. Superior Court Judge Rainey Brandt said she saw it necessary to reschedule the sentencing and change the Jan. 26 hearing to a status conference to allow time for the juror to be brought into court and questioned on the record.

Judge Brandt also said that she alone will question the juror to ensure the record is abundantly clear before Holston is sentenced, in the event he wishes to appeal.

If the defense and prosecution have questions for the juror, they may submit them. Both parties are not permitted to directly question the juror.

Holston’s sentence hearing was rescheduled to March 1. However, the hearing may be vacated depending on the results of the juror’s questioning. 

The incident in question occurred on Dec. 13, 2018. Metropolitan Police Department (MPD) officers were dispatched to the 2900 block of Knox Place, SE for reported gunshot sounds. When the officers arrived they found Watson, 15, with multiple gunshot wounds.

After being transported to a local hospital, Watson later succumbed to his injuries and was pronounced dead.

At this time, no official date for Holston’s next hearing has been set as the juror still needs to be contacted regarding this matter. 

The juror’s cooperation is not guaranteed. If he is unavailable to clarify his statements, Judge Brandt will decide how to move forward at that time.

Homicide Defendant Who Killed Victim in Broad Daylight in Front of Minors Sentenced to 13-Years in Prison

DC Superior Court Judge Rainey Brandt sentenced a homicide defendant to 13 years in prison for the murder of his sister’s children’s father.

Jarell Harris, 28, fatally shot 42-year-old Sedrick Miller on March 4, 2022, on the 2000 block of 18th Street, NE. Miller was carrying a baby and holding the hand of a 5-year-old-girl when he was murdered, according to court documents. Harris was arrested a month later and held at DC Jail.

Harris, who was initially charged with first-degree murder while armed, was indicted in September of 2022, for voluntary manslaughter while armed.

The prosecution stated that Harris entered a plea of guilty to voluntary manslaughter while armed on September 22, 2022, and as a condition of that plea, the parties agreed to a sentence of between 10.5 years and 13 years in prison.

According to the proffer of facts, Harris shot the vicim 11 times with several of the shots to the face. Harris can be seen firing repeatedly while standing over the victim in a surveillance camera image.

The prosecution noted that Harris entered a very early guilty plea before the preliminary hearing, which she noted was rare. She said Harris did so because he didn’t want to subject his sister’s children to a trial.

She requested Judge Brandt sentence Harris to 13 years in prison and 5 years on supervised release.

The victim’s sister read an impact statement over Webex.

“Over the years my brother and I had several conversations about his relationship with his girlfriend,” she said. “He stated to me that if anything happened to him it would be because of Jarell.”

“You shot my brother 10-13 times in the same area my sister was killed 29 years earlier. I just want to know why. What had your mind make up to take his life,” she continued.

Harris’s defense attorney, Jacqueline Cadman, requested Judge Brandt sentence Harris to 10.5 years in prison.

Harris and Miller had a terrible history, according to Cadman, which caused the relationship to deteriorate.

“I want to start by saying I am very very sorry to the courts and to the family of the victim,” Harris said. “At the time, I felt threatened but there is no excuse for my actions that day I am just sorry.”

Judge Brandt sentenced Miller to 13 years in prison with 5 years of supervised release. He will have to register as a gun offender and undergo mental health and drug treatment.

“I appreciate the words that you just said. I do believe you are really sorry,” Judge Brandt said. “The support was there. Your parents are married and are employed. They raised seven kids with some even being police officers and a school teacher. I keep scratching my head about what went wrong. Mr. Miller was apart of your family. He was the father of your sister’s children. The same children that witnessed you shooting their father 11 times. Use this time to reflect, read and good luck to you sir.”

Victim Outs Sexual Assault Abuser

In a report on a sexual assault, the victim said, “That’s him. He touched my private parts.” 

On January 26, 2022, a report was made to Child and Family Service Agency regarding a sexual assault of a minor. The alleged incident took place somewhere in 2021 before Thanksgiving on 5200 block of D Street, SE. The defendant is charged with two counts of first-degree child sexual abuse. 

The 10-year-old victim and the 42-year-old defendant were allegedly in a romantic relationship. 

The defendant lived in the house with the child, according to the report. The victim slept in the bedroom and he slept in the living room. The victim said she had no prior knowledge of the defendant touching her inappropriately. According to the report, the two had ongoing issues with each other. The specific issues were not explained.

The victim was interviewed by Safe Shores DC in which she described that she was inappropriately touched in her private areas by the defendant without consent. 

Medical examiners at Children’s National Medical Center examined the victim. The exam did not display any sign of sexual abuse.

The defendant was scheduled to appear in court on Jan. 17, but he failed to appear. 

On Jan 24, the defendant’s defense attorney said he was unaware of Tuesday’s hearing. 

According to the Pretrial Services Agency, the defendant has not honored his release conditions as of Jan 17. 

So far, the defendant has fallen off the grid, as he has violated curfews, ignored stay away orders, and tested positive for drugs. 

The defendant has not stayed at the residence listed and was last tracked on the 1200 block of  M Street, NW.

After receiving this news, the prosecutor motioned for a bench warrant with no bond. DC Superior Court Judge Raffinan granted this motion. 

The next hearing is scheduled for Feb. 6.

Judge Accepts Voluntary Manslaughter Plea 

During a felony status conference on Jan. 26,  DC Superior Court Judge Maribeth Raffinan accepted a plea agreement for voluntary manslaughter while armed.

Kavell Miller, has been accused of shooting Lester Mangum on the 3900 block of South Capitol Street, SW on Oct. 8, 2021. Miller, 22, was originally charged with first-degree murder while armed. Mangum was 33-years-old at the time of his shooting. 

According to the terms of the plea agreement, all three of the defendant’s misdemeanor charges will be dropped, and he will serve 12 years in prison with supervised release.

By pleading guilty, Miller waived his right to a preliminary hearing, an indictment, and his right to DNA testing of evidence.  

The sentencing hearing is slated for April 14. 

Uncle Sentenced for Sexually Abusing Niece

During a Jan. 26 hearing, a defendant was sentenced for his role in a child sex abuse case from 2018.

Allen Davis, 60, pleaded guilty to second-degree child sex abuse for an incident that occurred on Nov. 15, 2018, on the 800 block of Chesapeake Street, NE. The victim, Davis’s niece, was 7-years-old at the time of the incident.

Defense attorney Susan Ellis told DC Superior Court Judge Robert Okun that Davis “was diagnosed at an early age with schizophrenia and depression.”  She also said Davis had a learning disability and was sexually abused.

According to court documents, Davis pleaded guilty twice before in connection to child abuse cases; one when he was twenty years old, and one in 2014. The prosecution highlighted the previous offenses when determining their suggested sentence of 68 months in jail.

Davis was sentenced to five years at DC Jail, ten years of supervised release and he will have to register as a sex offender for the rest of his life. 

“I’d like to apologize to my niece, no one ever apologized to me,” Davis said during the hearing.  “I’d never do this again for as long as I live”.

Judge Okun also recommended he receive substance abuse, mental health, and sex abuse treatment while serving his sentence. Davis is also to stay away from the victim and cannot live in any dwelling that has minor children.

“She’s going to be affected by this for the rest of her life,” Judge Okun told Davis.

He acknowledged Davis’s abuse but responded that it “doesn’t excuse what you’ve done to other people. I hope for your sake, and mostly the community’s, you do not have to come back to court,” Judge Okun said.