Heated Debate Breaks Out Between Prosecution and Defense Over Homicide Defendant’s Alleged Substance Abuse History

DC Superior Court Judge Maribeth Raffinan denied the defense’s motion to remove driving restrictions placed on a murder defendant due to an ambiguous mental health and substance abuse assessment.

On Sept. 2, 39-year-old Archie Moore was arrested and charged with second-degree murder, driving under the influence, and reckless driving after a high-speed crash on the 200 block of 51st Street, SE resulted in the death of 60-year-old Rebecca Manley.

In the Oct. 28 hearing, Judge Raffinan reviewed pretrial reports that detailed Moore’s compliance with pretrial release conditions, aside from one unreported drug test, and that Moore completed a mental health assessment that recommended outpatient treatment which he declined.

In discussion of the defense’s motion to remove the defendant’s driving restrictions, the prosecution and defense heavily disputed Metropolitan Police Department (MPD) body camera footage and EMT statements recorded in the aftermath of the incident that point to a history of substance abuse.

The prosecution, in opposition to the motion, said the defendant’s admission to hospital staff to having taken PCP and marijuana as well as his regained verbal coherency after taking Narcan was evidence of a history of substance abuse.

The victim’s daughter said that if the defendant has drug issues, then “driving should be out of the question.”

Defense attorney Roderick Thompson argued that the prosecution denied the opportunity of a preliminary hearing to discuss this evidence, and that EMT statements also pointed to a head injury to describe the defendant’s symptoms.

Thompson emphasized that in consideration of Moore’s three negative drug tests this past month as well as his overall compliance with pretrial release conditions, the driving restrictions should be lifted, especially since it is Moore’s primary mode of providing for his family.

Judge Raffinan denied the motion to modify release conditions because of an unclear understanding of the mental health assessment’s reasoning behind the treatment recommendation. While the defendant has tested negative for several drug tests, Judge Raffiinan said she was not inclined to change the conditions until a more thorough understanding is obtained.

As the hearing came to a close, the defense said the prosecution has yet to file a search warrant of the crime scene evidence despite possessing it for over six weeks.

The prosecution’s failure to delineate between personal property and necessary evidence has left Moore without crucial personal belongings, Thompson said.

The hearing to revisit the motion is set for Nov. 7.

Homicide Defendant Violates Recently Modified Pretrial Release Conditions

On Oct. 28, DC Superior Court Judge Maribeth Raffinan gave a homicide defendant one more chance to comply with the conditions of his house arrest order before deciding to revoke it.

Dohn Harmon, 23, is charged with first-degree murder while armed in connection to the fatal drive-by shooting of 18-year-old Kelvin Goggins on July 1, 2021, on the 1800 block of Q Street, NW.

In the Friday hearing, a report from pretrial services (PSA) revealed two incidents in October in which Harmon violated the strict 2 p.m. to 5 p.m. timeframe granted to him for employment-seeking purposes. PSA said he failed to return to his residence before 5 p.m. on those days. Two notices of noncompliance were filed on Oct. 20 and Oct. 25.

The prosecution requested the exception be removed, especially in light of Harmon’s most recent violation when he was located in a residential neighborhood after the 5 p.m. curfew.

In defense of the exception, defense attorney Steven Kiersh said Harmon exclusively travels by bus, has no cell phone, and is unlikely to violate the conditions going forward.

After affirming the defendant’s understanding that the 3-hour exception to his house arrest order is exclusively a window to seek employment, Judge Raffinan maintained the house arrest exception.

Harmon is currently released under the high intensity supervision program (HISP) and has been under the conditions of house arrest since Nov. 23, 2020. The exception was granted this past July.

According to court documents, Harmon allegedly drove a stolen a Honda Pilot from which shots were fired at Goggins. Goggins was mistaken for the intended target. Harmon said he did not know the murder would take place, nor did he know there was a gun in the vehicle until the first shots were fired.

The case is pending an indictment. The next hearing is set for Dec. 16.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Oct. 28, on the 900 block of Bellevue Street, SE.

According to a press release, at about 2:53 am, officers located 38-year-old Maurice Frazier in the hallway of an apartment building, suffering from gunshot wounds. He was pronounced dead on the scene.

Document: Suspect Sought in a Non-Fatal Shooting Offense

Metropolitan Police Department detectives are asking for the public’s help in locating a suspect in connection to a non-fatal shooting offense that occurred on Oct. 27, on the 1500 block of Good Hope Road, SE.

According to a press release, at about 6:08 pm, officers located an adult female victim suffering from apparent gunshot wounds.

Expert Witness Testifies to Defendant’s General Location During Shooting

During an Oct. 27 proceeding, DC Superior Court Judge Marisa Demeo presided over parties during a three co-defendant murder trial as two expert witnesses testified before jurors regarding crime scene processing and phone record placement analysis.

Derek Turner, 31, and Ronnika Jennings, 44, are charged with first-degree murder while armed, possession of a firearm during a crime of violence, and conspiracy in connection to the shooting of 28-year-old Andrew McPhatter on March 5, 2017, on the 3500 block of Wheeler Road, SE.

The third co-defendant, 33-year-old, Duan Hill, is charged with conspiracy and six counts of obstruction of justice in relation to this case.

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

The prosecution called a member of the Metropolitan Police Department who specializes in crime scene processing. During his testimony, he presented and explained photos taken at the crime scene. These images showed the cars and clothing left behind after the shooting.

A technical engineer working for T-Mobile specializing in phone record and phone tower connection analysis explained how cell phone tower pinging works and how the phone company can tell generally where an individual made calls or received texts given their connection to a tower.

In relation to this case, the witness presented the towers the defendants’ cell phones connected to during the time of and after the shooting occurred. While the information presented by the witness shows the general location, it does not give an exact location and only tells the phone company where a call started and ended but not where it traveled while the call was being taken. Because of this, the witness could not be confident in the exact locations of the defendants.

Because of the earlier delay, the defense had to hold their cross examination of the witness for the next trial day.

Judge Demeo set the trial to continue on Oct. 31.

Document: Arrest Made in a Homicide

Metropolitan Police Department detectives are investigating a homicide that occurred on Oct. 27, on the intersection of New Jersey Avenue and N Street, NW.

According to a press release, at approximately 12:19 pm, officers located 28-year-old Sophia Johnson inside of a vehicle, suffering from apparent gunshot wounds.

On Oct. 27, 39-year-old Ariel Cooper was was arrested and charged with second-degree murder while armed.

Case Acquitted: Vehicle Found Burned Days After Shooting, Prosecutor Says

This case was acquitted on Nov. 9, 2022.

The Prince George County Police Department told a lead detective in a murder case that officers found the vehicle from a “be on the lookout” (BOLO) flier burned in an abandoned area.

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

The Charles County Sheriff’s Office obtained a signed arrest warrant and Bidgell was arrested on June 17, 2020, in Maryland.

The prosecution’s first witness on Oct. 26 was Harrod’s mother. She told the jury she was preparing for her birthday party when she received a call from her sister notifying her that her son had been shot. When she arrived at the scene of the shooting, medics were still working on Harrod, she said.

Surveillance footage of the shooting showed Harrod exited a liquor store. He was approached by a car Bidgell had allegedly gotten into. As people began to flee in various directions, Harrod was observed lying face down on the street after the car had driven away.

The detective sent out a department-wide BOLO for the defendant. Another officer with the MPD recognized Bidgell from his old patrol in the Clay Terrace area. He said he had multiple interactions with the defendant.

The officer gave the detective Bidgell’s Instagram handle to compare the photos from the BOLO to those on the account. Bidgell was seen wearing some of the same clothing and accessories on his Instagram posts as he was in the surveillance footage from the convenience store.

The detective also issued a second BOLO for the black two-door Honda Accord Bidgell was allegedly seen driving in the surveillance video. The car was found burned on June 8, 2020, in an abandoned area in Maryland. According to the detective, the fire started just hours after the shooting.

The owner of the black two-door Honda Accord had Bidgell in her phone listed as ‘’Fav. cuz’’. They excluded the owner of the vehicle as a possible suspect because she was out of town at the time the shooting took place. Her phone was confiscated by the police.

The prosecution also showed the jury records of deleted messages and emails between Bidgell and the owner of the car that were unrecoverable.

DC Superior Court Judge Milton Lee scheduled the trial to continue on Oct. 27.

Document: Homicide in Northeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Oct. 27, on the 1200 block of Trinidad Avenue, NE.

According to a press release, at about 1:51 am, officers located 46-year-old Rico Tabron suffering from an apparent gunshot wound. He was pronounced dead at the scene.

Homicide Defendant Requests New Attorney

A homicide defendant requested a new attorney.

Eric Davis, 59, is accused of fatally shooting 41-year-old Theodore Riley on the 1600 block of Gales Street, SE on July 19, 2021. According to court documents, Riley suffered from a gunshot wound to the head and was pronounced dead at the scene.

During the Oct. 27 hearing, the prosecution asked that the attorney be appointed as soon as possible in order to continue with the current trial date, which is set for April 15.

Dc Superior Court Judge Milton Lee scheduled the next hearing for Nov.18.

Witness Testifies About Seeing Aftermath of Crime During Homicide Trial

During an Oct. 26 proceeding, witnesses testified about their account of a murder and physical evidence involved in a co-defendant homicide trial.

Jonathan Winston, 33, and Rakeem Willis, 31, are both charged with first-degree murder while armed in connection to the shooting of 26-year-old Javon Abney, 26-year-old Sean Shuler, and 24-year-old Tyrik Hagood on Jan. 26, 2019, on the 1500 block of Fort Davis Place, SE.

One witness discussed hearing gunshots outside his home. He said he peered through his bedroom window to see what was happening. The witness said he saw two silhouettes shooting at a vehicle. He testified that before driving away, one of the individuals inspected the victim on the street and began “messing with it.”

The witness could not see any descriptive facial features and did not recognize either vehicle.

Winston’s defense attorney, Errin Scialpi, questioned the witness about his eyesight. The witness didn’t have glasses on at the time of the shooting. His wife later told detectives that he couldn’t see without glasses.

A detective was asked about his involvement in investigating a burned vehicle that was found in a wooded area in Maryland. Physical evidence retrieved from the vehicle were the remains of a firearm and bullet fragments.

The potential connection between the vehicle and shooting has yet to be announced.

DC Superior Court Judge Michael Ryan scheduled the trial to continue on Oct. 27.

Experts Detail Case Evidence As Trial Arguments Continue

On Oct. 26, a homicide trial resumed with two witnesses called in to testify regarding their role in the DNA extraction of evidence as well as the alleged weapon used.

On Aug. 10, 2017, Robert Moses, 23, and James Mayfield, 22, allegedly approached the intersection of Montana and Saratoga Avenues, NE while armed with .40 and .45 caliber handguns. Both of the defendants allegedly fired over ten rounds at people standing on Saratoga Avenue. One of the bullets struck 17-year-old Jamahri Sydnor in the head as she was driving, killing her. Three other bystanders were also struck and injured by stray bullets.

During the proceeding Wednesday, an expert witness continued his testimony about the weapon used in the homicide. He said he was able to determine the weapon used in the crime by conducting test fires.

He said he fired a gun into a water tank in order to retrieve the bullets. He then collected the bullets and compared them through a comparison microscope. Through this, he found that the bullets were consistent with the shell casings from the scene.

Defense attorney Steven R Kiersh argued that the expert cannot know for certain what gun was used unless he had the actual gun to compare the bullets.

He further stated that there are probably more firearms than people in the U.S. and there are many gun manufacturers. While this is correct, the witness said there are class and individual characteristics used to differentiate what bullets were fired from which guns. He said he uses intercomparisons to do so.

A forensic scientist testified that he processed the 2001 gold Honda Accord on Aug. 14, 2017, and he was told it was used in a homicide case. This was the third vehicle from the case. He also said he told law enforcement everything he found, and they decided on the relevance of the findings.

To begin processing the vehicle, the first step was taking photographs from every angle of the interior and exterior. He said he then swabbed for DNA from anything that can be touched such as the steering wheel, buttons, the armrest and the door handles.

The third step is a physical search of the vehicle. Upon searching the vehicle a box of gloves, a pair of shorts, a jacket, two t-shirts, and a hoodie were recovered from the trunk of the vehicle.

There was also a red solo cup recovered from a cup holder that was swabbed for DNA and a hoodie in the pocket behind the passenger’s seat. The expert explained that everything is swabbed and processed one at a time to properly preserve the DNA from each item.

DC Superior Court Judge Maribeth Raffinan scheduled the trial to continue on Oct. 27.

Document: Arrest Made in an Assault with Intent to Kill

Metropolitan Police Department detectives have made an arrest in connection to an offense that occurred on Oct. 26, on the 1200 block of Half Street, SE.

According to a press release, at approximately 6:55 pm, officers located an adult male suffering from a potential gunshot wound.

On Oct. 26, 21-year-old Craig Jermaine Peacock was arrested and charged with assault with intent to kill and carrying a pistol without a license.

Document: Arrests Made in a Non-Fatal Shooting

Metropolitan Police Department have made an arrest in connection to a non-fatal shooting that occurred on Sept. 17, on the 4800 block of Alabama Avenue, SE.

According to a press release, at about 12:00 pm, officers located a juvenile male suffers from apparent gunshot wounds.

On Oct. 26, officers arrested 23-year-old Michael Blackmond, a 17-year-old juvenile male, and a 14-year-old juvenile male were arrested and charged with assault with a dangerous weapon. Also, 50-year-old Paulette Duncan and Blackmond were both arrested and charged with an unregistered firearm.

Document: Wanted Suspect Extradited to the District

Metropolitan Police Department detectives extradited and charged 34-year-old Wonell A. Jones, Jr. in connection to a homicide that occurred on July 19, on the 2900 block of Knox Place, SE.

According to a press release, at about 1:24 pm, officers located 33-year-old Audora Williams inside a residence, suffering from apparent gunshot wounds. She was pronounced dead at the scene.

On Oct. 26, Jones arrived in Washington, DC, and was charged with first-degree murder while armed.

Victim’s Family Cried Out As Prosecutors Displayed Autopsy Images For Jury

On Oct. 26, prosecutors resumed an ongoing homicide trial by bringing the assistant chief medical examiner from Maryland to explain each puncture wound on a victim displayed in court.

The third co-defendant, 33-year-old, Duan Hill, is charged with conspiracy and obstruction of justice in this matter.

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

The medical examiner identified McPhatter’s punctures through the right side of his cheek that moved up to the right frontal side of the brain, the right side of his butt, right hip, back right thigh that fractured his femur, inner aspect left thigh, and his right forearm.

As the photos displayed for the jury, the victim’s family cried out.

Turner’s defense attorney, Michael Madden, cross-examined the witness, inquiring if she had identified any evidence of McPatter’s puncture wounds being inflicted at a close-range firing disposition.

The witness identified there weren’t any signs of gunpowder or abrasions found on his body because the shots had to be fired outside of a two feet proximity or through objects.

A Metropolitan Patrol Officer testified as the first officer that was called to the 3500 block of Wheeler Road, SE.

According to the officer, he was in a scout car working on a police report in front of Holiday Liquor. He was there to alleviate and dissuade members of the community from selling drugs and surrounding that location.

The officer heard multiple gunshots and went on the radio to report what he had heard and that he was going to respond to the area. The officer turned left out of the Holiday Liquor parking lot and proceeded toward the direction of the noise.

A young male ran in front of his patrol car towards a parking lot that was located behind an elementary school that approached the intersection of Wheeler Road. The officer then heard screaming and saw a dog running in the same direction as the unidentified male.

Prosecutors displayed the body-worn camera of the officer driving twenty feet toward the intersection to find a motionless vehicle sitting at an angle nearly in the middle of the intersection with the engine running and bullet holes in the driver’s door.

The officer carefully opened the door of the vehicle because the window was very tinted. The officer found a black male victim slumped over with his head laying in the passenger seat, his torso sitting on the passenger seat of the vehicle, with his legs still on the driver-side floor panel.

This victim was later identified as McPhatter. He was shot five times through the driver’s side of his door.

A 40-caliber gun and ten millimeters of cartridges were recovered. One live casing was loaded into the firearm. This gun was found on Andrew McPhatter in his waistline.

Another MPD Officer took the stand to testify that he was the first responding officer to the Feb. 22, 2017 shooting that occurred on Alabama Avenue.

Prosecutors also displayed the body-worn camera footage of the officer responding to two black males behind a burgundy Cadillac surrounded by members of the DC community in chaos. One male was shot multiple times in the lower abdomen and another male suffered a lower extremity injury from avoiding the shot.

The next hearing is scheduled for Oct. 27.

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