Judge Conducts Felony Status Conference in Homicide Case

DC Superior Court Judge Milton C. Lee oversaw a felony status conference in order to track the progress of a homicide case.

Javon Duckwilder, 25, is charged with first-degree murder while armed for allegedly shooting 23-year-old Juwan Smith. The incident occured on Oct. 23 on the 2800 block of Alabama Avenue, SE when Metropolitan Police Department officials responded to a call of an individual suffering from a gunshot wound. Smith was found on the scene and immediately transferred to a local hospital where he was pronounced dead.

On July 8, the prosecution said it hopes to reach an indictment.

The prosecution also disclosed that firearm analysis was conducted results were sent to defense attorneys Thomas Healy and Jesse Winograd. Additionally, the prosecution noted that there is a substantial amount of surveillance footage collected from a gas station near the crime.

Although both parties requested a trial date, Judge Lee clarified that priority was given to cases with indictments.

Judge Lee said that if an indictment is found prior to the next hearing, both parties will proceed with Duckwilder’s arraignment.

Duckwilder’s next court appearance is scheduled to occur on Oct. 13.

Parties in Co-Defendant Murder Trial Deliver Closing Arguments

A co-defendant murder trial concludes with parties delivering their closing arguments before the case was handed to the jury.

Co-defendants Saquan Williams, 20, and Quincy Garvin, 22, are charged with first-degree murder while armed, possession of a firearm, criminal street gang affiliation and conspiracy in connection to the fatal shooting of 24-year-old Carl Hardy on the 1200 block of I Street, SE, on Sept. 10, 2017.

During closing arguments on July 8, a prosecutor told jurors that the the motive behind the murder of Hardy was established.

“30 for 30. 30 rounds on behalf of 30 Glizzy,” the prosecution said.

The prosecution stated that Instagram group chat messages, Instagram live videos, music videos, and a key witnesses’ testimony all point to Williams and Garvin as the shooters. One of the witnesses, who sent in anonymous messages during the course of the investigation, identified the defendants and helped provide context to the murder.

“The time has now come to hold them responsible,” the prosecutor said. “The time has now come to hold them responsible for participating in a street gang. The time has now come to hold them responsible for shooting and murdering Carl Hardy.”

The prosecutor further asserted that Hardy was a part of the Glizzy Murder Gang with “Ant Glizzy” and the defendants, emphasizing that the gang was “thinning out their roster.”

“When you go in the back, look at the evidence,” the prosecutor said. “Don’t speculate. You will see they are guilty. No one is asking you to convict them because you don’t like them. . . Hold them accountable for killing Carl Hardy.”

Garvin’s defense attorney Steven Kirsch said that one of the prosecution’s witnesses committed perjury and that the witness was not credible. Kirsch said the witness was only trying to help the detectives because of the $25,000 reward.

Kirsch also said there is “absolutely no DNA that can be attributed to Quincy Garvin.”

“Ballistics is subjective,” he said. “There are a lot of factors. Someone else could have done the exam and come up with other results.”

Kirsch implored the jury to “use your sense of justice. Use your obligations to the U.S. Constitution. As tough as this case was and as tough as some of the evidence was; Quincy Garvin is innocent.”

Willimas’ defense attorney, Kevin Robertson, also said a key witness lied to the police and has major credibility issues. A crucial point to the closing was that there were “a lot of people holding the gun that was recovered from Mr. William’s room.”

He played a music video depicting many people holding the same type of gun that was connected to the case. He also pointed out that the guns could be props.

“Just because there was DNA on it doesn’t mean he used it,” Robertson said. “In the end there is only one decision to make, and that is not guilty.”

The prosecution argued that there was no firearms recovered from Garvin’s home, the prosecutor argued that this was “not because he didn’t have one, not because he didn’t have access. They moved the guns. That’s why they didn’t find the guns.”

After the parties completed their closing arguments, D.C. Superior Court Judge Robert Okun gave the jury their instructions before sending them to begin deliberating.

The jury is set to begin deliberations on July 11.

Judge Finds Substantial Probability in Brutal Stabbing Case

During a preliminary hearing on July 8, DC Superior Court Judge Lynn Leibovitz found substantial probability in a murder case based on the defendant’s identification from two witnesses.

Cana Browne, 25, is charged with second-degree murder for allegedly stabbing 42-year-old Ebony Morgan on May 10 on the 100 block of P Street, NE. According to court documents, members of the Metropolitan Police Department (MPD) found Morgan unconscious with a stab wound to her neck. Morgan succumbed to her injury five days later.

During the proceedings on July 8, defense attorney Amy Phillips questioned the credibility of the witnesses’ identifications and argued both witnesses had incentives to falsify their testimonies. According to Phillips, Morgan’s friend did not like Browne and told a version of events tailored to her own needs. She also had a history of lying to the police.

The second witness, Phillips argued, “is explicitly trying to get benefits with the police” concerning unrelated cases. According to court documents, the witness asked the detectives if he could “get a little something to keep everything clean” and for the detectives to “squash” his warrant.

MPD detectives recovered video footage of the incident, which showed an individual following Morgan and making a striking motion immediately before Morgan fell to the ground. Both individuals were off-camera during the event, but their shadows were visible in the video.

The detectives interviewed two witnesses who identified the individual in the video as Browne. The first witness, a friend of Morgan’s, told detectives she talked to the defendant about the stabbing, to which Browne laughed and said to the effect of “she kept playing with me so I stabbed her.”

The second witness identified Browne as “Smiley.”

The prosecutor responded by pointing out Morgan’s friend was familiar with both Browne and Morgan. Although the friend acknowledged she had conflict with Browne in the past, she told the police they had reconciled and had no reason to falsify her identification.

Additionally, the prosecutor argued if the second witness was trying to fabricate information to claim benefits for himself, he could have given the police more useful information than just an identification.

The prosecutor also said the defendant made multiple false statements to the police that indicate consciousness of guilt. According to the prosecutor, Browne told MPD officers she had never been to the crime scene before and she had never been associated with the nickname “Smiley.” Both statements were determined by the police to be false upon further investigation.

Judge Leibovitz agreed with the prosecutor that the witnesses who identified Browne in the video did not have any motive to mislead the police. The individual in the video was properly identified as the defendant, especially considering “literally no other person has been identified as another suspect in this case,” she said.

The prosecutor then asked Judge Leibovitz to maintain Browne’s detention at the DC Jail, pointing out the brutal nature of the stabbing, the defendant’s lack of remorse, and prior bench warrants for missing court appearances.

Although Phillips argued Browne didn’t have a history of violent behavior, Judge Leibovitz agreed with the prosecutor that the defendant should not be released.

Browne’s next court appearance is scheduled for Aug. 8.

Judge Decides to Release Conspiracy Defendant

DC Superior Court Judge Marisa Demeo released a defendant under the High Intensity Supervision Program (HISP) on July 8.

Brianca Phillips, 25, is charged with conspiracy, first-degree murder while armed, and possession of a firearm during a crime of violence. Brianca and her co-defendants, Vorreze Thomas Jr and Delonte Stevenson, are all charged in connection with the January 2021 death of 31-year-old Terrance Allen.

A prior factual issue was resolved over the question of who made the phone call that brought Thomas to the location where the shooting occurred. The call was made on Phillips’ phone, but arguments arose over who exactly made the phone call. Video evidence showed Phillips handing over the phone to Stevenson.

Phillips was released under orders of GPS monitoring and stay away orders from the co-defendants and the place where the shooting took place.

Phillips will reside with a sibling who resides outside of where the incident occurred. Phillips was deemed eligible for release due to her minimal past criminal history and job history. Judge Demeo pointed out that, before the shooting, Phillips was last employed in March and had even had a job lined up as a special police officer.

On July 11, Phillips will report to pretrial services to carry out her release orders.

According to court documents, on January 18, 2021, Stevenson and Thomas were seen on surveillance cameras firing at Allen, who was in the passenger seat of a vehicle. After the shooting, Thomas and Stevenson fled the scene.

Thomas and Stevenson rejected a plea deal from the prosecution in June.

Judge Demeo scheduled a status hearing for Aug. 2.

Judge Sets Status Hearing in 1998 Murder Case

DC Superior Court Judge Milton Lee set July 8 a status hearing to review forensic evidence stemming from a homicide that occurred in 1998.

Kenneth Bryant Jr., is charged with robbery while armed and two counts of first-degree premeditated murder while armed in connection to the death of 35-year-old James Lane. Bryant was arrested and indicted on the charges in October 2019.

Bryant Jr. is currently housed in FCI Bennettsville, a federal prison located in South Carolina. His sentence, which originates from a separate case, ends in May 2025.

Defense attorneys Lauren Morehouse and Ronald B. Resetarits called for a hearing to review firearm evidence in the case. Prosecutors expressed that, due to the age of the case, they are still determining which materials need to be re-tested.

Morehouse and Resetarits also expressed concern over sealed and redacted documents that are critical to the case. They requested materials from the 1998 Grand Jury investigation and documents detailing contact information of key witnesses. According to counsel, one witness said Bryant confessed to the crime.

“The key for me is that the defense gets this in a time period that adequately allows them to prepare for trial,” Judge Lee said, requesting the prosecution communicate a time period when biological materials and redacted documents would be disclosed.

If defendant was unable to physically attend the hearing, Judge Lee recommended that counsel reach out to the Federal Bureau of Prisons to allow Bryant to attend virtually. “I don’t want us to get caught in a situation where we can’t get him here in a timely manner,” he said.

On Aug. 10, 1998, Metropolitan Police Department officials responded to a report of a shooting on the 200 block of S Street, NW. Officers found Lane suffering multiple gunshot wounds and was subsequently transferred by DC Fire and Emergency Medical Services to a nearby hospital.

Bryant’s trial date is set for Jan. 17, 2023.

Bryant’s next court appearance is scheduled for Sept. 9.

Judge Finds Probable Cause in Homicide Case

After reviewing evidence, DC Superior Court Judge Maribeth Raffinan has found probable cause July 5 in a homicide case.

Johnwann Elliot, 28, is charged with first degree murder while armed for allegedly shooting 37-year-old Nikia Young. On March 15, Metropolitan Police Department officers responded to a report of a shooting on the 2200 block of Minnesota Avenue, SE. When officers arrived at the scene, Young was found with multiple lethal gunshot wounds to the face and body.

Prosecutors presented multiple exhibits of evidence, including surveillance footage of the shooting, items that were obtained from Elliot’s multiple residences, and aerial maps of the crime scene marked with the suspect’s flight path.

Surveillance footage extracted from MPD crime cameras, storefront businesses, and Metrobus security cameras show the suspect boarding a bus and exiting the same bus to shoot Young. The suspect is then seen fleeing the scene.

On the day of the crime, the suspect adorned ripped blue jeans, goggles, a ski mask, a watch with a red band, and multiple chains, including a “Jesus piece” and a Black Lives Matter medallion, according to testimony from an MPD detective on the case.

When MPD officers arrested Elliot in a hotel, they found a ballistic vest, a black and red bag, and multiple chains resembling the ones the suspect wore on the day of Young’s death, the detective said.

In addition to the hotel, MPD officers tracked Elliot’s phone to a residence on the 1200 block of 18th Place. Within a bedroom in the residence, officers recovered a watch with a red band and ski goggles similar the suspect’s outfit on the day of the murder.

“There is a good deal of corroboration in this case,” prosecutors said, highlighting the unique clothing articles retrieved from Elliot’s residence, the cell phone data, and surveillance footage.

Defense attorney Roderick Thompson said Elliot has never been seen entering or exiting the 18th Place residence.

A friend of Young identified the suspect as Elliot. According to the detective’s testimony, the witness overheard a conversation between Elliot and another witness, in which Elliot said, “I had to kill that b***h.”

Thompson cited multiple inconsistencies with the witness’s recollection of events, questioning the witness’s credibility.

According to multiple witnesses, the motive stemmed from an incident where Young stole Elliot’s gun while he was unconscious.

However, Thompson says the motive is based off of unsubstantiated rumors, claiming the witnesses was “parroting innuendo and rumor that has been put forth by other folks.”

Thompson argued that there was no raw data to confirm that the path of the phone is consistent with Elliot’s movements. Furthermore, he notes that prosecution originally asked for substantial probability, but midway through the hearing moved down to probable cause, which is a lower burden of proof.

Judge Raffinan concluded that prosecutors have met the burden of proof for probable cause, citing the close up security footage, multiple witnesses’ identification of Elliot, and the items retrieved in the search warrant.

The prosecution requested that Elliot be held citing his prior criminal history, including two counts of robbery and unlawful possession of an unregistered weapon with a prior conviction. Additionally, Elliot struggled with compliance in his previous cases, neglecting to charge his GPS device and to check in with pretrial services.

Thompson emphasized the fact that Elliot’s last crime of violence occurred over 10 years ago. Thompson also argued that Elliot was compliant with probation requirements, and was on track to get a job at a grocery store.

Judge Raffinan deemed that the circumstances of Elliot’s charges, along with his prior convictions, render detention the best solution for the community.

Elliot is scheduled to return to court on Oct. 13 for a felony status conference.

Judge Continues Motion Hearing for Homicide Co-Defendants

During a murder trial defense attorneys questioned evidence collection methods the police used during their investigation.

Derek Turner, 31, and Ronnika Jennings, 44, are charged with first-degree murder while armed, obstruction of justice and conspiracy in connection with the fatal shooting of 28-year-old Andrew McPhatter on March 5, 2017, on the 3500 block of Wheeler Road, SE. Turner is also charged with first-degree murder while armed for the fatal shooting of 23-year-old Devin Hall on Jan. 7, 2017, on the 3500 block of 6th Street, SE. Jennings is accused of providing Turner with confidential information during her time as a customer service representative for the Metropolitan Police Department. Another co-defendant, Duan Hill, 33, is currently charged with conspiracy and obstruction of justice.

In a July 5 motion hearing, Turner’s attorney, Michael Madden, brought up a motion to suppress evidence found in Turner’s vehicle and two cell phones found at the time of his arrest.

Madden said the police did not have the right to seize the vehicle after Turner withdrew his consent. He also argued there is not enough evidence to indicate that Turner was the target of the shooting because someone else was in Turner’s car.

“Anything obtained in the vehicle is illegal and should be suppressed,” Madden said.

A detective also testified that Turner was the suspected victim in a shooting on March 8, 2017, on the 4400 block of South Capitol Street, NE. He originally consented to his car being searched but later withdrew his consent. Turner’s car was then seized and searched after the detective on the case obtained a search warrant.

According to the detective, a firearm was found in the locked glove box during the search of the car. At that point, the detective said, police stopped the initial search and proceeded to obtain a second search warrant for the firearm.

“All steps along the way the police acted reasonably,” the prosecutor said.

According to the detective, MPD executed an arrest warrant for Turner at a hotel on March 11, 2017, around 3 a.m. During that time, MPD found and seized two cellphones, one located on a bed and the other in Turner’s jacket.

According to body camera footage, the phone on the bed can be seen within the first 30 seconds of MDP arriving.

Madden argued that the phone is not relevant to the charge the arrest warrant was for, which is possession of a firearm. Madden also argued the seizure does not fall under the plain view doctrine because another cell phone in the hotel room, not belonging to Turner, was not seized.

At the time of his arrest, Turner asked for more clothes as he was only wearing a tank top and shorts. MPD found a second phone when searching the clothing they were giving Turner.

Madden said Turner did not pick out or specifically ask for the jacket, the jacket was not near Turner, and he wasn’t wearing the jacket at the time of the offense.

Judge Demeo announced that she would make her ruling on the motions on July 22 when the hearing is set to continue.

Another detective was tasked with investigating Hall’s homicide, when Jennings name appeared in the police database as accessing information relating to the case.

The prosecution began showing footage of a non-custodial interview with Jennings. According to the detective, Jennings consented to be interviewed, never asked to leave, was offered food and drink, and was allowed to keep her possessions.

“You are free to go, you are free to walk out this door at any time,” the detective said during the interview.

The video shows Jennings consenting to having her phone examined and signing a consent form.

DC Superior Court Judge Marissa Demeo scheduled the motion hearing to continue on July 22.

Judge Continues Bond Review for Homicide Defendant

DC Superior Court Judge Marisa Demeo continued a bond review for a 2021 homicide.

Brianca Phillips, 25, was indicted on three charges which included conspiracy, first-degree murder while armed, and possession of a firearm during a crime of violence.

During the July 1 hearing, the prosecution told the court that Phillips appeared in a photo moments before the shooting with the two men who were also charged with Allen’s homicide. The men in the photo were pictured holding guns, according to the prosecution.

Prosecutors told the court that Phillips was the one who “kicked off the homicide”

The prosecution argued that Phillips’ past history was more extensive since she had two prior arrests for simple assault.

The prosecution also argued that her connection to the murder of Allen was deeper than the defense was claiming.

Phillips’ defense attorney, Lisbeth Sapirstein, argued that due to Phillips’ “minimal, minimal criminal history” and the judge’s past “belief that she had a strong argument for release,” the defendant should be granted pre-trial release.

Metropolitan Police Department officers responded to reports of gunshots from the 3000 block of Stanton Road, SE on the evening of Jan. 18, 2021, according to court documents. Upon arrival, officers found three victims suffering from apparent gunshot wounds. After being transported to the hospital, two of the victims survived the incident but Terrence Allen, 31, succumbed to his injuries and was pronounced dead.

Phillips is scheduled to appear back in court on July 8 when Judge Demeo is slated to make her decision.

Defense Rests Case, Raises Suspicion of Inside Job During Homicide Trial

The defense rested their case in a homicide trial on July 6 after one day of calling witnesses who alluded to the possibility of the murder being committed by the victim’s known associates or another rival group in the Southwest, DC.

Co-defendants Saquan Williams, 20, and Quincy Garvin, 22, are charged with conspiracy, first-degree murder while armed, possession of a firearm, and criminal street gang affiliation in connection to the shooting of 24-year-old Carl Hardy on the 1200 block of I Street, SE, on Sept. 10, 2017. Hardy later succumbed to his injuries on Oct. 1, 2017, at Prince George’s Hospital Center in Maryland.

According to court documents, Hardy is a validated member of the Potomac Gardens group, a suspected rival of the Wellington Park crew. The defendants are allegedly members of Wellington Park.

A witness testified that he brought a photo, which was posted to Instagram, that appeared to show six individuals believed to be a part of the Glizzy Murder Gang, to the attention of his supervisors. He said Hardy was known to associate with the individuals in the photograph.

“The caption referenced something about thinning out their roster,” the sergeant said. “I thought that was odd timing.”

The photo was introduced as evidence by the defense.

On redirect, Kyle McGonigal, Williams’ defense counsel called another sergeant who was familiar with the Potomac Gardens neighborhood and responded to the scene to testify.

“At the time, I was aware of issues with other neighborhoods,” the witness said.

A detective with the homicide branch of the MPD also testified about reviewing footage from the apartment complex. The witness said the footage appeared to show one person walking and one person running in a hallway at 6:02 p.m. Four minutes later MPD was dispatched to the scene.

The detective said another officer informed him of the individuals’ identities, neither of which were those of the defendants.

During cross-examination, the witness clarified that the video did not appear to show the individuals carrying any firearms.

McGonigal also called a private criminal defense investigator.

The witness said he visited Potomac Gardens to construct a diagram of the crime scene, which was subsequently released into evidence. He said he measured 281 feet from the point where Hardy was discovered to the speed bump on I Street, where three suspects were videoed fleeing the scene in a black Dodge Charger.

According to court documents, an anonymous source identified Williams and Garvin as the fleeing individuals in the video via text message to MPD.

Williams’ defense counsel also called a former resident of the 1300 block of G Street, SE, to testify about a separate May 1, 2017, shooting between two vehicles at the intersection of 13th Street and Pennsylvania Avenue, SE.

“I ducked behind a concrete column and peaked up occasionally to see,” the witness said. “I saw people firing out of both vehicles… Arms were coming out of the Sedan and firing toward the van.”

A MPD detective testified on June 13 that he found a Zipcar, a rented vehicle, that he believed to be the gray Nissan sedan involved with the May 1, 2017 shooting. During his investigation, he reviewed the phone records of the person who had rented the vehicle and discovered numerous calls from one number with a connection to the defendants.

The prosecution emphasized the discrepancy between the witness’ testimony and the police report of the incident.

The witness claimed to place a call to 911 immediately following the shooting, but the police report indicated that the witness waited until the following day. The witness also described one of the vehicles as a “van,” which the prosecution stated was inconsistent with the description of the second vehicle in the police report.

Steven Kiersch, Garvin’s defense attorney, only called one witness, Garvin’s mother, to testify. She clarified that Garvin was attending Ballou Stay vocational school in pursuit of his GED diploma at the time of the murder.

Both Williams and Garvin waived their right to testify.
DC Superior Court Judge Robert Okun scheduled the trial to resume July 7. He expects deliberations to begin on July 10.

Murder defendant rejects plea deal

During a July 7 hearing, a murder defendant rejected a plea offer in connection to a 2021 shooting.

Shaka Haltiwanger is charged with second-degree murder while armed for allegedly shooting 39-year-old Anthony Kelly on Sept. 10, 2021, on the 1400 Block of 29th Street, SE. Kelly suffered a single gunshot wound to the chest and succumbed to his injuries later that day.

Defense attorney Wole Falodun said Haltiwanger, 23, isn’t interested in pursuing a plea offer.

“It is our preference at this point to set a trial date,” Wole told the court.

If Haltiwanger would have accepted the plea offer, the charges would have been reduced to one count of second-degree murder.

Originally, DC Superior Court Judge Rainey Brandt scheduled Haltiwanger to begin trial in October. However, since the defendant switched counsel in June, Falodun was granted more time to become familiar with the case.

Judge Brandt scheduled Haltiwanger to begin trial on March 6, 2023.

Haltiwanger will remain detained at DC Jail as he awaits an Oct. 7 hearing.

Prosecution Begins Closing Statements in Homicide Trial

The prosecution began their closing statements July 7 by listing off several shootings that connected two neighborhood gangs in the city.

Williams and Garvin are known members of the Wellington Park group. The members can be seen in photos together, wearing “don’t tell on me shirts,” and using the “DF” vanity name, a common moniker for the group.

“They are telling you they are associated,” the prosecutor said. “They are telling the world they are associated.”

Hardy was a known member of the Glizzy Murder Gang.

The prosecution told the jury about different shootings that are connected to this case.

“You can’t look at these things in a vacuum,” the prosecutor said. “Follow the guns throughout this case.”

On May 1, 2017, at 6:47 p.m., a Gray Nissan stopped in front of Potomac Gardens and shot toward the fences. The Gray Nissan belonged to a known associate of Garvin.

According to witnesses, 31 casings were found on the scene belonging to four different guns.

A few hours later, at 8 p.m., another shooting occurred at the intersection of Stanton Road and Elvans Road, SE. According to witnesses, casings found at the scene matched a gun used earlier that day.

On May 11, 2017, a member of the Wellington Park group was arrested in possession of another gun that was suspected in the shootings. The gun was a semi-automatic pistol.

On July 9, 2017, at 3:10 a.m., another shooting occurred near Clay Terrace. Casings at the shooting were consistent with two guns suspected in Potomac Gardens shooting. There were also casings from a new gun.

Throughout the time of the shootings, Williams and Garvin posted videos of themselves holding and waving around different guns.

“What is a gun from one person in Wellington Park is a gun for all,” the prosecutor said.

On Aug 10, 2017, at 12:20 p.m., another shooting occurred at Potomac Gardens with casings consistent with a gun from the May 1 shooting. Casings were also found from two new guns.

On Aug 26, 2017, two members of the Wellington Park group were arrested in possession of two guns. One of the guns they had on them was connected to the May 1 and Aug 10 shootings.

On Sept 6, 2017, Theodore Pigford, also known as 30 Glizzy, a known associate of Willaims and Garvin, was killed in Baltimore. Williams and Garvin can even be seen featured in one of Pigford’s music videos.

“They are angry. They are upset. They are crushed,” the prosecutor said. “They choose to retaliate against the Glizzy Murder Gang.”

On Sept. 10, 2017, the day Hardy was shot, Williams posted a video. According to the prosecutor, his clothing is consistent with the shooter and the gun he is holding is consistent with the gun later found at his house.

At 5:56 p.m., on Sept. 10, according to surveillance video, three individuals exited a black dodge and shot 31 rounds.

The prosecution then showed police body camera footage of Hardy on the ground after being shot in the chest.

DC Superior Court Judge Robert Okun scheduled closing arguments to resume on July 8. The trial began more than a month ago with jury selection on May 24.

Judge Finds Substantial Probability in Murder Case

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

Dion Lee, 23, is charged with first-degree murder while armed for allegedly shooting Pamela Thomas on Feb. 9 on the 500 block of Division Avenue, NE.

During the three-day preliminary hearing, which began on June 30, counsel used surveillance footage spanning from hours before the shooting took place to moments after to argue their cases.

In one clip, a man who wore a black jacket, light blue ripped jeans, and white sneakers started to walk towards the Marvin Gaye Park, which is located on the 500 block of Division Avenue, NE. Footage also showed a Silver Nissan Rogue, the car Thomas was shot in, traveling towards the 500 block of Division Avenue, NE.

The same man, matching the clothing description, was seen standing on the street. A detective said he observed gun smoke twice from the area of which the suspect was standing.

In another video, the suspect fled towards the Lincoln Heights Apartment Complex with an object that looked like a firearm in his hand.

“Why,” Thomas’ son wailed on body worn camera footage.

“His mother got shot in the head,” Thomas’s sister screamed to the officers.

Thomas’s son was seen on the footage with blood on his face.

Lee was represented by defense attorneys, Joseph Yarbough and Kevann Gardner. Yarbough pressed the detective on the accuracy of the timestamps on the surveillance footage. Yarbough showed Judge Lee that the timestamps could be easily altered by manually going through the process of altering the timestamps during cross examination.

In one of the surveillance videos shown by the defense, a man with a black jacket, blue jeans, and white sneakers is seen walking out of one of the apartments located on the 5200 block of Hayes Street, NE.

Yarbough pointed out that although a man that matched the description of the shooter left the apartment, a black jacket, light blue jeans, and white sneakers are common pieces of clothing.

He also said the man’s face isn’t visible in any of the surveillance clips and there were no surveillance cameras in the stairway or alleyway that could show whether the same person who left the apartment was actually the defendant.

“No one knows exactly who that person is and the person that left that apartment could have gone anywhere,” Yarbough said.

He also questioned the varying witness descriptions of the shooter.

One of the witnesses said the suspect had a lighter complexion and seemed to be around 17-to-20 years old.

Another witness told one of the detectives that the shooter had a light brown complexion and looked to be 15-to-16 years old.

On July 1, the prosecution showed a clip of a man matching the description of the shooter, who is seen walking towards the 500 block of 50th Place, NE with a person of interest. They are seen entering the apartment complex and the suspect is seen leaving back out about an hour later with another person of interest.

At the time, the suspect was seen wearing a ski mask that covered most of his face, a lavender colored hoodie, blue jeans, and gray and white shoes. The suspect and the person of interest were seen entering a Red Ford F-150.

According to court documents, one of the witnesses identified the person walking towards the Red Ford F-150 as Lee.

“The same person who left the apartment was seen walking out of the alley walking towards Division Avenue. You see the same individual, same description, running towards Lincoln Heights after the shooting with an object that is consistent with a handgun,” Judge Lee told the court.

Judge Lee found substantial probability that Lee committed the homicide.

“Your honor, you saw the blood that was on Ms. Thomas’ son’s face. What defense is asking is that you let Mr. Lee back on the streets where he saw someone he didn’t like and shot into a crowd,” the prosecution said.

Yarbough argued that Lee should be released due to his lack of a criminal history, stable job, and his ability to live with his significant other outside of the neighborhood where the shooting occured.

To show the defendant’s family ties, Yarbough played a video of Lee’s nephews wishing him a happy Father’s Day. “I love you Dion. We miss you. Happy Father’s Day,” they said.

Lee dropped his head when the video began playing.

“Given the strong family ties, strong job, and no criminal history, we are requesting the court release him with home confinement,” Yarbough said.

Judge Lee denied the defense’s request to release Lee.

The defendant’s next hearing is scheduled for Nov. 3.

Homicide Defendant Rejects Plea Deal

A homicide defendant rejected a plea offer in connection to a 2021 shooting before DC Superior Court Judge Maribeth Raffinan on July 5.

Khalid Claggett, 38, is charged with first-degree murder while armed with offense committed during release, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction for his alleged role in connection to the shooting of 30-year-old Isaac Aull Jr. on June 11, 2021.

The plea offer, which was initially offered on May 16, would have reduced Claggett’s charges to second-degree murder and would have waived sentencing enhancement, including the stipulation that the offense was allegedly committed while the defendant was on release.

According to court documents, the Metropolitan Police Department (MPD) responded to reports of gunshots on the 1400 block of Rhode Island Avenue, NE. Officers located Aull on the 1600 block of Franklin Street, NE, with no signs consistent with life. He suffered from gunshot wounds to his back torso, right leg and neck.

The defense also filed a motion to release Claggett while he awaits trial. Claggett has been detained since his arrest on June 24, 2021.

“Looking at his criminal history, there are no crimes of violence,” defense attorney Howard McEachern said. “Danger to the community cannot be found.”

The prosecution filed an opposition to the motion for release, referring to the defendant’s prior convictions and the March 31 indictment that enhanced the original charge of second-degree murder while armed to first-degree murder while armed.

“Mr. Claggett has a long criminal history that spans back two decades,” the prosecutor said. “The only thing that’s changed is that Mr. Claggett has been indicted on more serious charges.”

The prosecution read a letter from Aull’s mother describing her grief, saying the victim’s family has been in therapy since the murder.

“I would implore you to keep this defendant detained,” the statement read. “I am very fearful for the lives of my family. I would not feel safe if the defendant is free to walk the streets.”

Judge Raffinan ruled in favor of the prosecution, citing that “no combination of conditions can ensure the safety of the community.”

She said she considered “a number of factors” in her ruling to keep Claggett detained, emphasizing the particular importance of the “nature and circumstances of the case” in reaching her decision.

Judge Raffinan referred to a dash camera video from a vehicle parked near the scene, saying “the decedent appeared to be wounded when the defendant appeared to shoot him eight more times.”

She then stated that Claggett is charged with “the most serious offense that you can be charged with in the District.”

In addition, Judge Raffinan referenced video surveillance and an Instagram Live video that appeared to show Claggett at the scene, the consistency of his appearance with witness descriptions and his known connection to the shooter’s vehicle in determining that the evidence “weighed in favor of detention.”

The trial is currently scheduled for April 3, 2023.

Judge Raffinan also scheduled a status hearing for Oct. 7.

Judge Finds Probable Cause In Murder Case

DC Superior Court Judge Marisa Demeo found “strong probable cause” in a teenage murder case.

Devon Edwards, 19, is charged with first-degree murder for allegedly shooting 18-year-old Dmaree Miller on the 3300 block of 12th Street, SE on Jan. 4, 2022. According to court documents, Miller and his friend were trying to purchase a firearm from Edwards and another suspect. During the interaction, Edwards allegedly shot Miller while trying to rob him.

In a preliminary hearing on July 5, the prosecutor asked Judge Demeo to find substantial probability, citing witness testimony, the lead detective’s investigation, video evidence, and Edwards’ GPS monitoring bracelet.

Prescott Loveland, Edwards’ defense attorney, refuted the prosecutor’s request, arguing that she relied on evidence that was either limited or flawed.

According to Loveland, the prosecutor’s key witness made several suspicious statements that might indicate the witness was hiding the shooter’s true identity. Additionally, neither the GPS location nor surveillance videos show Edwards entering the building where the shooting took place.

“I do find that the prosecution has met the probable cause standard, and it’s a strong probable cause that I find here,” said Judge Demeo.

Judge Demeo also agreed with the prosecutor’s request to hold Edwards at the DC Jail pending his trial. The prosecutor noted that, at the time of the shooting, Edwards was on release under home confinement for two pending cases, one of which included unlawful firearm possession.

“Mr. Edwards continues to use guns and continues to use them in a harmful way,” said the prosecutor. “Nothing short of detention can keep the community safe from Mr. Edwards.”

Edward’s next court appearance is scheduled for Aug. 26.

Homicide Defendant Pleads Guilty in Fatal Hit-And-Run Case

DC Superior Court Judge Maribeth Raffinan accepted a homicide defendant’s guilty plea in connection to fatally striking a pedestrian with a vehicle.

Rosa Bishop, 35, waived her right to a trial and pleaded guilty on July 5 to one count of involuntary manslaughter with criminal negligence in connection to a fatal hit-and-run that killed 32-year-old Loleita Gross on Jan. 1, 2020, at the intersection of Minnesota Avenue and L’Enfant Square, SE.

According to court documents, Bishop struck Gross with her silver 2008 Saturn Vue SUV on the sidewalk and hit a tree in a park before coming to a final rest. Bishop and a passenger fled the scene on foot.

Emergency services initiated life-saving measures on Gross, but she was pronounced dead shortly after being transported to Medstar Washington Hospital Center. An autopsy concluded that Gross sustained fractures to her pelvis and arm and died of an aortic transection caused by the impact of the vehicle. Gross was approximately 2-3 months pregnant at the time.

Analysis of data from the vehicle’s Crash Data Recorder indicated that the vehicle was traveling at a speed of 75 mph 2.5 seconds before impact, despite the posted speed limit of 25 mph in the area.

A Metropolitan Police Department (MPD) Officer found a bottle of alcohol and credit card under the defendant’s name in the vehicle. The vehicle was registered to the defendant’s mother.

Hours after the incident, Bishop voluntarily reported to MPD’s Traffic Safety and Specialized Enforcement Section. Her appearance matched the description of the witness at the scene.

Bishop was transported to Howard University Hospital to treat the injuries she sustained in the crash. She told the ambulance technician that she had been in a car accident but did not know the location or if she was the driver. Bishop’s blood was drawn at the hospital and analysis detected alcohol and THC in her system approximately seven hours after the incident.

The plea offer reduced the charge from second-degree murder to involuntary manslaughter, which carries a maximum sentence of 30 years’ imprisonment and a supervised release period of at least five years.

The prosecution agreed to waive sentencing enhancement papers and will not seek an indictment on any remaining or greater charges arising from the facts of the case. The prosecution will also reserve allocution at sentencing.

“She leaves behind three kids,” Gross’s sister told the judge. “She didn’t get to live her full life… now I’m 32 and all I can think about is that my sister didn’t get to live until 32.”

Bishop is currently released under the high intensity supervision program. Judge Raffinan scheduled a sentencing hearing for Oct. 14.

“I am truly truly sorry for your loss,” Jude Raffinan told Gross’ family. “And to picture and imagine those experiences that you have lost. I will certainly consider that when I impose a sentence.”

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