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Judge Addresses Prelim Hearing Scheduling in Child Sex Abuse Case

During a July 14 hearing, DC Superior Court Judge Rainey Brandt addressed scheduling issues regarding an upcoming preliminary hearing for a child sex abuse defendant. 

The 30-year-old defendant has been charged with first-degree child sex abuse. The charges stem from multiple incidents, occurring over a 2-year time period, in which the defendant allegedly forced an 8-year-old girl to engage in sexual acts. 

The defendant has been scheduled for a preliminary hearing since June 17. However, due to Judge Brandt’s heavy caseload, the hearing may have to be rescheduled. 

“Starting the 21st of July, I have prelims every single day,” Judge Brandt told the court. “At most, in total, they have 4 hours. They have to get it done.”

Defense attorney Jason Tulley requested to keep the original date – July 26 – in case Judge Brandt’s other hearings are dismissed or rescheduled. 

Prosecutors have also reached out to Tulley regarding a plea offer. Tulley requested that prosecutors disclose evidence materials and recordings of witnesses in order to properly evaluate the plea deal.  

Judge Brandt agreed to keep the July 26 hearing. As a backup, she will notify both parties whether another judge can pick up the case. 

“You’ll hear from us early next week,” Judge Brandt said.

June Homicides Decreases by 30 Percent from May

D.C. Witness data shows an approximately 30 percent decrease in homicides in June from the previous month. 

There were 19 homicides in June, down from the 27 homicides recorded in May.

Jospeh Fox, 28, was sentenced to 21-years in prison on June 17 for the murder of his 27-year-old pregnant girlfriend.

Fox was arrested and indicted on one count of second-degree murder while armed and two counts of assault with a dangerous weapon for the murder of Sierra Johnson.

According to court documents, Johnson and Fox had an on-and-off relationship since 2014, including a domestic violence incident in 2017. The two reconnected on the night of Johnson’s death, with Fox sitting in the passenger seat of the vehicle when Johnson was shot.

According to court documents, Johnson was four months pregnant.

A Metropolitan Police Department (MPD) officer found Johnson suffering from multiple gunshot wounds in her vehicle parked on the 2500 block of Georgia Avenue, NW on Jan. 19. Her two young children were in the backseat of the car.

After taking into consideration the arguments from both sides and the family’s victim impact statements, DC Superior Court Judge Milton Lee sentenced Fox to 21-years in prison with five years of supervised release. Fox will also have to attend mental health treatment and register as a gun offender.

Judge Waives Time Limit for DNA Testing in Sex Abuse Case

DC Superior Court Judge Rainey Brandt waived July 14 the 100-day time limit for DNA testing in a 2020 sex abuse case. 

The defendant, who is 56 years old, is charged with one count of kidnapping while armed, two counts of first-degree sex abuse while armed with a dangerous weapon, and one count of assault with a dangerous weapon. According to court documents, the charges are related to an incident where the defendant allegedly held a woman at gunpoint and sexually assaulted her. 

The defendant, who is quarantined in St. Elizabeths, DC’s psychiatric institution, appeared at the hearing remotely. According to court officials, 13 out of 16 units in St. Elizabeths are in quarantine.

Defense Attorney Andrew Ain, the defendant, and prosecutors requested the time waiver in order to conduct DNA testing.

In this case, the decision resulted from weeks of deliberation regarding the defendant’s mental competency. Additionally, the request to evaluate the defendant’s competency extended past June 10, the date when the emergency COVID-19 protocol to pause or delay the statute of limitations.

“If [the defendant] changes his mind, it will be 100 days from when he changes his mind,” Ain told the court. “He wants anything that can be tested to be tested.”

During the July 14 hearing, Judge Brandt also admonished the defendant to not contact herself or the prosecution via telephone or writing. The defendant has previously called Judge Brandt’s chambers, prosecutors’ personal cell phones, and has written multiple letters to the court. 

“Any ex parte communication you have with the government can and probably will be used against you,” Judge Brandt said. 

According to Ain, the defendant believed that by calling the judge and prosecutors, he was advocating for himself better than the defense was. 

The defendant’s next hearing is scheduled for Sept. 2, where both parties will decide whether they are proceeding to trial. 

Case Acquitted: Judge Presides over Motion Hearing For Murder Defendant

Sutton was acquitted of murder and possession of a firearm during a crime of violence on March 23, 2023.

DC Superior Court Judge Robert Okun heard arguments from both parties regarding a motion filed by the prosecution.

Kaevon Sutton, 21, is charged with first-degree murder in the alleged shooting death 22- year-old Aujee Tyler on March 19, 2018, on the 3500 block of Stanton Road, SE. Other charges include possession of a firearm during a crime of violence and carrying a pistol without a license. 

Judge Okun heard arguments regarding the prosecution’s motion for reconsideration of a previously denied motion to exclude expert testimony. 

The prosecution’s previous motion asked for only part of the expert witness’s testimony to be excluded. The prosecution’s new motion asks for the entirety of the potential expert witness’s testimony to be excluded. 

The prosecution argued that the witness is not qualified to give opinions on an individual’s physical reactions and neurological condition when under stress, which is why the defense seeks to call him. The prosecution also argued that the potential witness and the defense have not provided any notes or reports that he used to form his opinion

Sutton’s defense attorney, Joseph Wong, argued that the potential witness’s knowledge in the general field of neuropsychology is enough to allow him to give his expert opinion. Wong also said the potential witness would testify to general behavior under stress rather than Sutton’s specific state of mind at the time. 

Defense attorney Jessica Willis is slated to take over for Wong starting next week.

Judge Okun stated that he will not rule on the motion for reconsideration during this hearing and will release a written order later. 

A motion hearing is currently scheduled for July 21.

Jury Delivers Partial Verdict in 2018 Drive-By Shooting Trial

A jury found one co-defendant guilty of multiple charges including first-degree murder as it returned a partial verdict in a month-long murder trial.

Saquan Williams, 20, and Quincy Garvin, 22, faced multiple charges including first-degree murder while armed, possession of a firearm during a crime of violence, conspiracy and criminal street gang affiliation in connection to the fatal shooting of 24-year-old Carl Hardy on the 1200 block of I Street, SE, on Sept. 10, 2017. 

DC Superior Court Judge Robert Okun presided over the trial that began on May 31 and ended with closing arguments on July 7.  

On July 13, the jury found Williams guilty of conspiracy, first-degree murder while armed, and   possession of a firearm during a crime of violence. However, the jury is still deliberating on Williams’ criminal street gang affiliation charge. 

Williams’ mother was present while the partial verdict was read.

“My client wants his mom here,” Kevin Robertson, Williams’ defense attorney, said when asking the court to wait for Williams’ mother to arrive. 

The jury also found Garvin guilty of conspiracy but are still deliberating on his first-degree murder while armed, possession of a firearm, and criminal street gang affiliation charges. 

Defense attorney Steven Kiersch informed Judge Okun that the Department of Corrections (DOC) placed Garvin into quarantine last night because of a COVID-19 outbreak at the DC Jail. DOC policy mandates that inmates are quarantined for a full ten days. 

“We’re in unprecedented territory,” Kiersch said. 

After deliberations about the best way to proceed, Garvin appeared via WebEx with his video off. Judge Okun explained Garvin’s physical absence to the jury. 

The jury is slated to continue deliberations on July 15. 

Parties Are Ready to Bring Sex Assault Case to Trial

On July 14, counsel told DC Superior Court Judge Maribeth Raffinan they were prepared to take a sex assault case to trial. 

The defendant is charged with first-degree burglary and second-degree sex abuse for allegedly entering the victim’s apartment on Jan. 23 and sexually assaulting her while she was asleep on the 900 block of Florida Avenue, NW. 

“The defendant followed the complainant and her friend to their apartment,” the prosecutor told Judge Raffinan. “And the complainant woke up to the defendant sexually assaulting her.”

During the hearing, the prosecutor told Judge Raffinan that DNA from a sex assault kit and the defendant matched. The prosecutor also said all DNA evidence had been turned over to the defense. 

The defendant chose to waive his right to conduct independent testing. 

An initial plea was offered on Feb. 23, but defense attorney Dennis Boyle told Judge Raffinan the defendant had no intention of accepting any plea offers. 

Both parties told Judge Raffinan their cases will be ready by the trial date set for Aug. 30. The prosecution stated their case would take two to three days, with about half a day for rebuttal. The prosecution plans on calling 8-13 witnesses.

Boyle said he anticipated the defense’s case to last about three hours and planned to call three to four witnesses.

The next hearing is scheduled for Aug. 23. 

Judge Finds Substantial Probability in Murder Case that Occurred Earlier This Year

DC Superior Court Judge Milton Lee ruled that a fatal shooting case has enough evidence to go to trial. 

On the night of Jan. 21, Metropolitan Police Department detectives located 20-year-old Marquette White Jr. suffering from an apparent gunshot wound on the 3800 block of Commodore Joshua Barney Dr, NE. He was later pronounced dead at the hospital the same night. 

On April 28, Maurice Williams, 19, and Seaun McDowney, 18, were arrested in Georgia and charged with first-degree murder while armed.

“The elements in front of me give me little doubt about who was in that car,” Judge Lee said. “Mr. Williams has repeatedly told people that he was the one who shot Mr. White. The decedent is heard saying Moe several times and a third voice is heard in the audio saying ‘get up.’ The evidence is substantial.”

During the defendants’ preliminary hearing on July 12, video footage from the front of a residence on the 3800 block of Commodore Joshua Barney Dr, NE showed a man, who officers identified as McDowney, walking away from the residence and getting into a dark colored vehicle. Minutes later the same vehicle is seen parallel parking into a parking spot in front of the home. 

Another person, who is identified as the victim, is seen walking around the front of the residence on the cellphone. 

“Seaun be starting shit bruh,”White said to another unidentified individual.“Seaun said you said that I was a bitch ass nigga, I’m tryna see whats up with that.” 

In another video from another angle, an individual , who officers identified as White, is seen entering the dark colored vehicle that was parked at the front of the residence. 

The lead MPD detective testified that through the course of the investigation witnesses said McDowney, Williams, and White were all in the vehicle during the homicide. 

In another clip, White is heard begging for his life. “I can’t breathe, stop, no.”

The car horn is heard going off at least twice as well as a gunshot. 

Judge Schedules Another Trial Readiness Hearing Due to DNA Testing Delays 

DC Superior Court Judge Marisa Demeo scheduled a second trial readiness hearing after delays with finalizing evidence. 

Leonard Smith, 36, is charged with first-degree murder while armed with a knife and carrying a dangerous weapon for allegedly stabbing 25-year-old Leonte Butler to death on March 11, 2017. According to court documents,  Metropolitan Police Department (MPD) officers discovered Butler with multiple stab wounds to the head and torso lying in an alley on the 4000 block of South Capitol Street, SE. He was pronounced dead at the scene. 

The case went to trial in November 2019, but it resulted in a mistrial.

At the July 12 hearing, the prosecution advised that it expects to receive DNA test results in the coming days despite being informed that the results would be ready by July 11. The prosecution tested swabs taken from blood stains in the alley where Butler was found and from Butler’s jacket.  

The defense is awaiting the results before potentially filing to independently test if the DNA test results do not implicate Smith. 

There is a video that has yet to be authenticated. Both parties indicated that they were attempting to locate the witness associated with the video but had made no recent developments. 

“We probably have to exhaust a few avenues before we ask for a court ruling on that,” defense attorney Anthony Matthews said. 

The prosecutor said he still had not found an answer as to whether or not an employee of the DC Department of Forensic Sciences (DFS) who processed the crime scene may have been terminated.

“I hope to have an answer in a few weeks,” the prosecutor said. 

“It sounds a bit odd,” Judge Demeo told the prosecutor. “There must be something else going on behind that… It shouldn’t take weeks to do it.” 

“I don’t know if this is a useful way to be using court time, ” Judge Demeo added. “Find the answer… This is not complicated and I don’t know why it isn’t.” 

The defense raised a concern that the lead detective assigned to the case has since been assigned to investigate vehicular fatalities, but the prosecution clarified that this move was not a demotion. 

Judge Demeo urged the attorneys to resolve any discovery matters as soon as possible. 

“I really need to know if this trial is going to go ahead as scheduled,” Judge Demeo said. 

The trial is currently scheduled to begin Sept. 28. Judge Demeo scheduled another trial readiness hearing for Aug. 5. 

Judge Demeo also granted the defense’s motion to allow Butler to take a four-day vacation to Ocean City, Md. because he has been in compliance with his release conditions since he was released a from a halfway house in March 2020.

Document: Man Shot in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on the 2000 block of Ridgecrest Court, SE.

At approximately 7:42 a.m., on July 13 officers located Kevin Gill, 22, inside of a vehicle suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Parties Request More Time to Test and Review DNA Evidence in 2020 Homicide Robbery Case

DC Superior Court Judge Robert Okun granted parties more time to conduct additional DNA testing in a murder case. 

Nathaniel Bates, 37, is charged with first-degree murder while armed for allegedly shooting 28-year-old Eddie Crist on the 4000 block of South Capitol Terrace, SW, on May 8, 2020.  According to court documents, members of the Metropolitan Police Department (MPD) found Crist on the sidewalk suffering from multiple gunshot wounds. 

In addition to first-degree murder, Bates is also charged with robbery while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm. 

During a hearing on July 12, the prosecutor told Judge Okun she intended to conduct additional testing on blood splatters but did not know when to expect results. 

Defense attorney Pierce Suen requested the prosecution submit the testing results as soon as possible, citing Bates’ significant length of detention and the upcoming trial date in April 2023. 

“If the prosecution is able to expedite the results, that would be best,” Suen said. 

The parties are scheduled to reconvene on Nov. 4 to discuss the results. 

Man Turns Himself in Twice After Stabbing Pregnant Daughter’s Sexual Abuser

Huey Bandy, 51, was charged with first-degree murder, however Judge Robert Okun lowered the potential charge to second-degree-murder due to not enough probable cause for the former charge.

On June 6, Bandy was shown a video of his 18-year-old pregnant daughter being sexually abused. The next day, Bandy stabbed 60-year-old Orlando Murphy four times in the chest while yelling at him to leave his home.

Immediately following the stabbing, Bandy realized what he had done and turned himself in to the police. Not once but twice: the first time being rejected, then another time after making an appointment with the lead detective to come back in.

“I didn’t mean to kill him,” Bandy said during his interview with the detective. “This wasn’t supposed to happen.”

The courtroom was filled with family and community members, including a pastor at the Church Bandy attends.

Judge Okun said the strong community and family presence, as well as a small, nonviolent criminal record from 30 years ago, were both significant factors in his decision to release Bandy rather than hold him.

After being placed under the High Intensity Supervision Program with GPS monitoring, and given a standard curfew, Bandy will reside with his sister until further notice.

He was released following no reason for a flight risk for turning himself in nor being a danger to the community due to the unique situation of the crime that is extremely unlikely to happen again, the judge said.

Bandy’s next court date is a status hearing scheduled for Oct. 28.

Judge Finds Probable Cause For Second-degree Murder in 2021 Shooting 

DC Superior Court Judge Maribeth Raffinan found probable cause for second-degree murder defendant in connection to a 2021 shooting but denied the prosecution’s request to find probable cause for first-degree murder.

Jordan Jones, 21, is charged with first-degree murder while armed in connection to the Oct. 11, 2021, shooting of 18-year-old Noel Prince Nicol on the 2000 block of Savannah Place, SE. According to court documents, Metropolitan Police Department officers found Nicol’s body slumped over in the driver seat of his blue Chevrolet Malibu three days after his murder on Oct. 14, 2021. An autopsy confirmed that Nicol suffered two gunshot wounds to the head. 

During the July 11 preliminary hearing, the prosecutor alleged that Jones arranged to meet Nicol to purchase marijuana and then shot him twice from the passenger seat of Nicol’s car.

The lead MPD detective testified that Jones’ phone location was “consistent with him being in the area of the murder.” Nicol’s cell phone records also indicate that Jones was the last person he spoke to on the night of his death. 

To corroborate the cell phone data, the prosecution played video surveillance from the crime scene. In the video, three individuals are seen approaching Nicol’s car. Jones is seen entering the vehicle through the passenger door, while the other two individuals are seen continuing down the street. 

The detective said, based on the trajectory of the bullets and the stippling, forensic evidence suggested that the shots were fired from the passenger side of the vehicle.

During cross-examination of the detective, defense attorney Anthony Matthews raised doubt about the witness’s testimony because he relied on the medical examiner’s opinion. Matthews also questioned the certainty with which the detective ruled the death a homicide.

“Charitably, it was a little less than expert,” Matthews said of the detective’s testimony. 

The defendant confessed to being inside Nicol’s car in a post-arrest interview, but his account of what happened is inconsistent with an additional video that appears to show a silver vehicle driving down the 2000 block of Savannah Place, SE before promptly turning down an alley and driving away. 

“The defendant stated that shots were fired from the silver vehicle into the Chevy Malibu,” the witness said. “This is not consistent with the evidence on video.”


Although the murder weapon was never recovered, the detective stated that two 9mm cartridges were recovered from the scene. Instagram direct messages suggest that Jones purchased a 9mm handgun – consistent with the murder weapon – the night before the murder. 

“There were direct messages between Mr. Jones and another user on Instagram to buy a Glock 9mm handgun,” the detective said. “They arranged to make the purchase the night before the murder.”

The prosecution argued that these messages supported a premeditation theory.

The witness also testified that the location of blood spatter indicated that the door was ajar as Jones allegedly fired at least one of the shots. The prosecution asserted that Jones was exiting the vehicle, suggesting that the defendant’s life was not threatened because two shots were fired. 

Judge Raffinan agreed that this evidence supported probable cause. She said the evidence suggests that Jones played a role in the murder but did not find it sufficient to show premeditation.

Matthews also argued that the murder may have been committed in self-defense, suggesting that there was a high probability that Nicol was armed because he was known to sell marijuana. 

“I don’t know if he carried guns, but I know he had large amounts of cash and drugs,” Matthews said. “If I were to switch careers, I would look into investing into a 9mm firearm. Someone is always out to take what you have.”

However, there is no evidence on the record that Nicol was armed, causing Judge Raffinan to reject the case for self-defense.

“On a probable cause standard, I think the government has shown he was present for the shooting,” Judge Raffinan said.

The defense asked that Jones be released under the High Intensity Supervision Program (HISP) to allow him to seek comprehensive mental health treatment, but Judge Raffinan denied the request. 

“I think with regard to the question of dangerousness and related to his prior convictions, combined with the nature and circumstances of the case and the strength of the government’s case,” she said, “I don’t find that there are any conditions that can assure the safety of the community.”

Judge Raffinan scheduled a status hearing for Oct. 6. Matthews indicated that he would file a motion to reconsider bond review in the interim.

Murder Defendant Will Execute Right to Test DNA

A homicide defendant decided to proceed with independent DNA testing after the prosecution’s DNA test results were returned. 

D’aundrey Scott, 28, is charged with first-degree murder after allegedly igniting a fire that killed 62-year-old Darryl Finney on May 13, 2020, on the 900 block of H Street, NE.

According to court documents, the defendant threw a firebomb at the victim.

During the July 13 hearing, the prosecution informed the defendant and his attorney Roderick Thompson along with DC Superior Court Judge Milton Lee that test results of DNA recovered by police have returned. The defense then informed the parties that they will go forward with their right to individually test DNA.

Judge Lee scheduled a status hearing for Sept. 23 to check in on the progress of the defense’s DNA testing. 

Judge Modifies Child Sex Abuser’s Release Conditions

DC Superior Court Judge Maribeth Raffinan decided to modify July 13 a child sex abuser’s release conditions. 

A 23-year-old man has been charged with two counts of first-degree child sex abuse and one count of second-degree child sex abuse. The charges stem from the defendant’s alleged sexual abuse of his 5-year-old and 7-year-old nieces. According to court documents, the abuse spanned multiple years, resulting in one of the victims contracting chlamydia. 

Defense attorney Julie Swaney requested that the defendant be placed on personal recognizance instead of under the High-Intensity Supervision Program (HISP), easing the conditions of his release. Swaney noted, according to pre-trial services reports, the defendant has been compliant with his release conditions for almost 5 months. 

Swaney also called for alterations to the defendant’s stay-away-order, including a request to allow the defendant to virtually call his 5-year-old son. 

Both prosecutors and Judge Raffinan agreed to the stay-away-order modifications,  emphasizing that the contact was strictly limited to virtual meetings.

Yet, Judge Raffinan denied Swaney’s request to move the defendant to personal recognizance, citing concerns about the severity of the charges.

“I’m not inclined to remove him from high intensity,” Judge Raffinan said.

Judge Raffinan also agreed to modify the defendant’s curfew, if work hours require a modification. 

The defendant’s next hearing is scheduled for Nov. 4.  

Judge Grants Continuance Sentencing

Defense counsel for a man convicted of murder requested a continuance July 11, so he could consult with his client on whether the defendant would like to withdraw his guilty plea.

After more than three years of pretrial detention, Stephon Evans entered guilty pleas in both cases during his most recent hearing on April 8. He pleaded guilty to voluntary manslaughter while armed in 22-year-old Michael Taylor’s death and carrying a pistol without a license in the case of 21-year-old Dion DeMarco Boyd on July 30, 2018. Boyd was killed on the evening of July 30, 2018, while Taylor was killed on Jan. 12, 2019. Both men were shot in Northeast, DC.

During the July 11 sentencing, Evans’ defense attorney, Jesse Winograd, objected to the mother of one of the victims providing an impact statement. 

Winograd said there is “no mention whatsoever of any knowledge of Mr. Boyd’s death” on the part of Evans. “Mr. Evans only admitted conduct was possession of a gun.”

DC Superior Court Judge Robert Okun allowed Boyd’s mother to speak. 

Other victim impact statements were read by Taylor’s four family members. They all provided an emotional appeal to Judge Okun and addressed the defendant directly. 

“Sorry to the people I have caused hurt or pain to” Evans said.

After considering counsel arguments and victim impact statements, Judge Okun sentenced Evans to two concurrent sentences of 12-years for voluntary manslaughter and one year for carrying a pistol without a license.

According to Winograd, the request addresses factors that were considered at the time of the sentencing, including the defendant’s connection to Boyd’s case. Winograd said Evans never pleaded guilty to any involvement in that case.

The prosecution was hesitant about a continuance since the court already signaled what the sentencing would be. Nevertheless, the judge granted the continuance and did not impose the sentence. 

Judge Okun scheduled a status hearing for July 28.