Defense Plans to Conduct Independent DNA Testing in Murder Case

DC Superior Court Judge Milton Lee presided over parties as a defense attorney expressed his desire to conduct independent testing on behalf of a murder defendant.

D’aundrey Scott, 28, is charged with first-degree murder, arson, and assault with intent to kill, for 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, Scott threw a firebomb at Finney, causing him to suffer burns on his back, arms, and legs.

During an Oct. 14 hearing, Scott’s defense attorney, Roderick Thompson, said he plans to conduct independent DNA testing. Scott initially waived DNA testing but has since changed his mind.

Thompson said he expects the results by early January of 2023.

Parties are scheduled to return to court on Jan. 26 to further discuss these matters.

Prosecution Pushes for Indictment In Homicide Case

On Oct. 14, prosecutors said they are in the process of securing an indictment after receiving DNA results in regards to a 2021 homicide case.

Amard Jefferson, 23, is charged with second-degree murder while armed for allegedly shooting his girlfriend’s friend, 20-year-old Kendall Brown, on Aug. 7, 2021, on the 3000 block of Nelson Place SE, where Jefferson resided with his girlfriend. According to court documents, the shooting occurred after a verbal altercation between Brown and Jefferson concerning some missing items.

The defense requested a full DNA report. There is also a possibility the defense will conduct independent DNA testing.

DC Superior Court Judge Robert Okun scheduled the next hearing for Jan. 20.

Prosecution Offers Plea Deal to Homicide Defendant For Fourth Time

A prosecutor extended a plea offer to a homicide defendant for the fourth time during an Oct. 12 hearing.

Nijinsky Dix, 39, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for the murder of 44-year-old Terry Hickman on the 1000 block of 4th Street, SW.

The prosecution sent over another plea offer of 12-18 years for second degree-murder while armed.

Dix’s defense attorney Brandi Harden said she received the offer 48 hours before Oct. 12. Therefore, she wanted to move forward by putting everything on the record due to the lack of communication between her and the prosecutor.

The prosecution initially offered a plea deal of 12-24 years for second-degree murder while armed in June of 2022. Harden said she has sent over plenty of counter-offers to the prosecution’s initial plea and they all were rejected.

According to court documents, the Metropolitan Police Department (MPD) found Hickman inside an apartment lying face down suffering from apparent gunshot wounds. Dix was kneeling at Hickman’s feet with her right hand in the air and her left hand between her legs. It became apparent she was holding a gun and was told to put the firearm down.

MPD found the defendant’s mother connected on Dix’s cell phone where she identified Hickman’s death. Dix’s mother stated she received a call and was told “he pushed me and I shot him.” Dix was apprehended.

DC Superior Judge Marisa Demeo scheduled the next hearing for Dec. 15.

Judge Releases Murder Defendant on Home Confinement

DC Superior Court Judge Milton Lee released a co-defendant in a murder case after serving nearly five years in pretrial confinement.

Gabriel Brown 33, and Antonio Upshaw, 33, are charged with first-degree murder while armed, robbery while armed, armed carjacking, possession of a firearm during a crime of violence, and unauthorized use of a vehicle in connection to the death of 24-year-old, Tyrone Johnson, at a liquor store called Lee’s Liquor located on the 2300 block of Pennsylvania Avenue, NE on March 10, 2017.

During the Oct. 14 hearing, Brown’s defense attorney Steven Kiersh waived his appearance, citing illness as the reason for the defendant’s absence in court.

Antonio Upshaw’s defense attorney, Ronald Resetarits, on the other hand, requested his client be released after spending nearly five years in pretrial confinement.

According to court documents, five witnesses heard gunshots coming from an alley the night of the crime and saw a gray Infiniti sedan leaving the alley shortly after.

In the hearing on Friday, Resetarits argued that the prosecution lacks evidence to implicate his client, Upshaw, in the shooting. He cited previous rulings by DC Superior Court Judge Judith Bartnoff, who formerly presided over the case, in which she stated that probable cause had barely been established.

In response, the prosecution contended that they have produced additional evidence since the last hearing but failed to disclose any before the court.

Judge Lee echoed Judge Bartnoff’s sentiment, stating, “there is probable cause, but it is not compelling.”

Restetartis then asked that his client be released as he has been held in pretrial confinement for nearly five years and sufficient evidence has not been provided to substantiate this holding.

Judge Lee granted Upshaw’s release, placing him on home confinement. Upshaw is not legally permitted to leave his house unless he is attending court or there is an emergency.

Regarding Upshaw’s stint in pretrial confinement, Lee said, “that is not the norm,” saying the COVID pandemic has created a backlog that has left many suspects in his position.

Upshaw and other parties involved in the case are expected to return to court on Oct. 31.

Brown is still being held at the DC jail.

Domestic Violence Defendant Pleads Guilty to Voluntary Manslaughter

A homicide defendant initially charged with first-degree murder pleaded guilty to shooting of his on-and-off girlfriend in 2021.

On July 10, 2021, MPD officers found 34-year-old Vanessa Brooks-Williams lying unresponsive in the living room of a one bedroom apartment in the 5100 block of Fitch Street SE with a single gunshot wound to the head. A single .380 caliber bullet casing was located on the floor.

On Oct. 13, Klein Lawrence pleaded guilty to one count of voluntary manslaughter while armed with a firearm and one count of unlawful possession of a firearm with a prior violent conviction.

According to court documents, an anonymous caller named Lawrence, or “Lucky”, as the suspect and urged the police to arrest him because he could murder someone else. Two more anonymous callers and an anonymous text also told police Lawrence was the suspect in the shooting.

Surveillance footage shows Lawrence arriving in a vehicle and walking up the sidewalk to Brooks-Williams’ building the night of the shooting. He is seen interacting with her at the front door before going off-camera.

Around 9:41 p.m., Lawrence leaves Brooks-Williams’ apartment carrying a handgun and flees the scene in his car. Detectives identified the same car pulled up to the same parking spot earlier in the evening.

Montgomery County Sheriff’s Department, which had an existing case on the defendant, provided body camera footage further confirming the car was driven by Lawrence.

According to court documents, the shooting was related to a domestic incident between Lawrence and Brooks-Williams, who was an on-and-off girlfriend. Another witness told police that on the day of the shooting, “Lucky” poured bleach on his girlfriend before getting into an argument with her at a mall.

A witness, who had been living with Brooks-Williams, was using the bathroom when the witness heard Brooks-Williams and Lawrence arguing in the apartment before hearing a single gunshot.

Lawrence was arrested on July 21, 2021, a day after the homicide, but was not arraigned until Sept. 28, 2021, due to hospitalization. According to court documents, Lawrence threatened to kill himself when confronted by police, shouting “I didn’t do anything; I’m going to kill myself, shoot me.” The police tased him, causing him to fire then drop his gun.

During the arrest, MPD recovered a firearm matching the .380 bullet casing found at the crime scene.

As a result of Lawrence’s resistance, he was additionally charged with assault with a dangerous weapon, assault on a police officer and carrying a pistol without a license.

Lawrence was held in jail pending plea negotiations until a competency issue was brought up to DC Superior Court Judge Juliet McKenna, who ordered a preliminary competency screening on Nov. 30, 2021.

On Feb. 22, DC Superior Court Judge Judge Marisa Demeo ordered a full competency examination, which resulted in a competent to stand trial finding on March 31. Hearings were rescheduled into the summer and fall pending negotiations as parties were allocated time to review the prevailing plea offer.

Lawrence is scheduled to appear for a sentencing on Dec. 16.

Red more about this case, here.

Judge Denies All Motions from Defense in 2017 Homicide Case

During an Oct. 13 hearing, DC Superior Court Maribeth Raffinan denied all pre-trial motions requested by a defense attorney.

James Mayfield, and Robert Moses, 23, are charged with first-degree murder, assault with the intent to kill, and aggravated assault while armed for allegedly shooting 17-year-old Jamahri Sydnor and wounding three bystanders. Sydnor later succumbed to her injuries. The incident occurred at the intersection of Montana and Saratoga Avenue, NE on Aug. 10, 2017.

Mayfield’s defense attorney, Veronica Holt, requested sanctions against prosecutors. Holt stated the prosecution violated rules of preservation and disclosure of valuable evidence.

Holt also motioned for additional questions in the jury selection process to prevent racial bias. She said the case was sensitive as it surrounded young African American men, gun violence, and references to “street crews.”

Judge Raffinan denied the motioned, saying attorneys could ask follow-up questions to individual jurors about racial bias.

Jury selection is scheduled to begin on Oct. 17.

Homicide Case Remains on Course for Trial

During an Oct.14 hearing, DC Superior Court Judge Robert Okun determined that a homicide defendant is still on course for trial.

Ernest Cleveland, 28, is charged with second-degree murder while armed and assault with a dangerous weapon for allegedly shooting Edward Pearson on Nov 26, 2020. The victim was found at his apartment on the 2900 block of Connecticut Avenue, NW on Nov. 26, 2020.

Defense attorney Madalyn Harvey argued that the case revolved around one person, known as subject one in court documents, which could be seen in video footage from the building where the shooting occurred.

Harvey said the prosecution did not share crucial information regarding the subject’s prior arrest for assault. This information was not shared with the defense prior to the preliminary hearing, she said.

The defense filed a motion to reopen the preliminary hearing and have subject one’s phone sent to experts for further investigation.

Motions are due on Dec. 16 with responses are due on Jan. 17

Judge Grants Continuance in Homicide Case Due to Defendant’s COVID Quarantine

DC Superior Court Judge Robert Okun granted on Oct. 14 a continuance for a sentencing for parties involved in a homicide case due to the defendant being quarantined at the DC Jail.

Rasheed Young, 44, is charged with two counts of second-degree murder while armed. Young shot 26-year-old Cedric Rogers on June 11, 1996, on the 300 block of Franklin Street, NE. He also shot 39-year-old Ronald William Richardson, Jr. on May 18, 2018, on the 2300 block of 4th Street, NE.

The sentencing hearing has been continued for Oct. 28.

Judge Delays Upcoming Murder Trial for Mass Shooting Defendants

During a status hearing on Oct. 14 DC Superior Court Judge Robert Okun delayed the trial that was originally set for November to begin in late 2023.

Aaron Adgerson, 19, and Terrance Oxner, 23, are charged with first-degree murder while armed in connection with a mass shooting took place on the morning of Jan. 25, 2021, outside the New 7 Market on the 1400 block of Good Hope Road, SE. The shooting claimed the life of 22-year-old Edward Wade and injured several others.

The prosecution expressed that trying the defendants together would be best.

The trial for the defendants is anticipated to last for about four to five weeks. According to counsel, there will be 60 witnesses.

Adgerson’s defense attorney Michael Madden does not plan on having any DNA tested.

However, Oxner’s defense attorney Madalyn Harvey said she will be doing independent DNA testing.

Harvey filed motions for information she needs from the prosecution and said she would like a response sooner rather than later.

The prosecution said that it will take some time to look over everything that the defense is requesting and requested at least a month to respond.

Judge Okun said the prosecution’s response was due by the next hearing date, which is scheduled for Oct. 28.

Case Acquitted: Murder Defendant Waives Rights to Independent DNA Testing of Bloodied Crime Scene Evidence

Tierra Posey was acquitted of all charges on March 20, 2024.

DC Superior Court Judge Marisa Demeo confirmed Oct. 14 that a homicide defendant understood the implications of her decision to waive her right to independent DNA testing.

Tierra Posey, 24, was arrested and charged with second-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 in connection to the fatal shooting of 21-year-old Tia Carey on Jan. 6, 2020, on the 3700 block of Minnesota Avenue, NE.

During the Friday hearing, the prosecution reviewed the crime scene evidence in question, namely, the victims clothing and jewelry and the defendant’s sweatshirt, both of which contain suspected blood.

The prosecution and Posey, who is represented by defense attorney Kevann Gardner, decided not to conduct DNA testing of the evidence.

Judge Demeo reminded the defendant that if DNA testing is not performed at this stage, then it cannot be requested later.

According to court documents, the victim and defendant engaged in a verbal altercation before turning physical upon a chance meeting at a Valero gas station. As witnesses on the scene attempted to pull the two away from each other, the defendant allegedly fired two shots at the victim.

The trial date is set for June 28, 2023, and the next hearing is set for Feb. 3, 2023.

Former MPD Officer Charged With Child Sex Abuse Released from Virginia Jail

A defendant, who was arrested and charged with two counts of first-degree child sex abuse on July 14 for continuously assaulting a child aged 9 to 11 between January 2020 and September 2021, was released from a Virginia jail.

On Oct. 13, DC Superior Court Judge Robert Okun released the 28-year-old defendant on his own personal recognizance under the High-Intensity Supervision Program (HISP).

The police warrant describing the alleged offenses was not available via the public court document portal. DC Witness obtained a copy from official court sources.

The allegations described in the warrant cover one to two years but another witness reported the victim told them the abuse lasted three.

According to court documents, the defendant would ask the victim, his stepdaughter, to wear a blindfold and play a taste-testing game. The defendant would allegedly place his penis in her mouth.

On later occasions, the defendant reportedly assaulted the victim without a blindfold for the game. The victim also told officers at the Metropolitan Police Department (MPD) that the defendant would grope her, which sometimes led to anal sex.

The victim said she was assaulted when her mother left the house. She also reported the defendant would feed melatonin gummies to her brother to keep him asleep. She told police she was afraid of the defendant because he threatened to shoot her, her mother and her brother if she said anything about the abuse. The victim also reported she tried to kill herself on July 8 and wrote about her abuse in a diary.

“You know,” she wrote in a July 11 entry documented by MPD, “life is a goddang horror show. NO ONE feels what i feel [sic] … CJ raped me…i feel traumatized…it’s like im trapped in a box. the person that is supposed to love me and protecting me..i miss you grandma… [sic]”.

MPD Youth and Family Services Department detectives were able to corroborate the victim’s story through witness statements from the victim’s mother, who found the blindfold described by the victim—red on one side, black on the other, made of satin or silk—in the victim’s closet. The victim also said she told her friends but then retracted, saying she was “kidding.”

Defense lawyer Steven Kiersch filed two motions to suppress evidence at the beginning of October, arguing the request for witness statements and the defendant’s iCloud data were overboard, and a violation of the defendant’s constitutional rights. A judge has yet to rule on this motion.

On July 15, DC Superior Court Judge Tanya Bosier rejected a request for pretrial release and held the defendant in custody. According to court documents, U.S. Marshals contacted the court on July 27 requesting the defendant be held somewhere other than the DC Jail due to safety concerns.

Judge Bosier granted the request on July 18, modifying the initial commitment order to recommend the defendant be transferred to Northern Neck Regional Jail in Virginia.

In a motion for release, Kiersch stated there was no DNA or forensic evidence linking the defendant to the allegations. Kiersch said his client was a 25-year veteran of the MPD and offered several references to family and friends who penned letters testifying to the defendant’s good character and saying they would all show up to his preliminary hearing.

Kiersch also emphasized that the defendant has no prior arrests or criminal offenses.

Judge Okun found probable cause for both of counts of first degree child sex abuse when prosecutors presented evidence during a preliminary hearing on Aug. 17.

The case is pending a Grand Jury indictment. A jury trial has been scheduled for March 27, 2023.

Document: 15-Year-Old Fatally Shot in Northeast, DC

Metropolitan Police Department detectives are investigating a homicide that occurred on Oct. 13, on the 500 block of 48th Place, NE.

According to a press release, at about 3:40 pm, officers located 15-year-old Andre Robertson Jr. suffering from apparent gunshot wounds. He was pronounced dead at a local hospital.

Defense Motions to Preclude Medical Examiner’s Photos from Murder Trial

During an Oct. 13 hearing, defense attorney Sean Sukumar filed a motion to preclude a medical examiner’s photographic evidence from the trial.

Malik Holston, 20, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in connection to the shooting of 15-year-old Gerald Watson on the 2900 block of Knox Place SE on Dec. 13, 2018.

Sukumar filed a motion to preclude the medical examiner’s photographs of the victim’s autopsy. He stated that the 34 images, which show the victim’s 17 gunshot wounds, were to “purely [inflate] the passions of the jury.”

The prosecutor challenged the defense, saying the photos are relevant because they help prove that this was a premeditated and deliberate murder.

Sukumar said that the prosecution is “having the jury see photos that won’t necessarily help them understand the case.”

DC Superior Court Judge Rainey Brandt said she would not provide a ruling on this issue yet.

The next status hearing is scheduled for Oct. 18.

Judge Files Order for Criminal Responsibility Exam in Sex Abuse Case

During an Oct. 13 status hearing for a 2020 sex abuse case, DC Superior Court Judge Rainey Brandt evaluated a defendant’s competency to proceed with trial.

The 56-year old defendant is charged with first-degree sex abuse while armed with a dangerous weapon, kidnapping while armed, and assault with a dangerous weapon.

The defendant expressed his desire to undergo a Not Guilty by Reason of Insanity Defense (NGRI), which assesses the defendant’s mental state at the time of the alleged crime.

“When the crime occurred I wasn’t in the right state of mind,” the defendant said. “I’m not saying that I committed the crime.”

Defense attorney Andrew Ain also considered the possibility of a bifurcated, or two stage, trial that would determine the defendant’s guilt and his sanity.

Judge Brandt granted the defendant’s request and filed an order for a Criminal Responsibility Examination.

The next status hearing is scheduled for Dec. 16.

Judge Sets Trial Date for Homicide Case

DC Superior Court Judge Maribeth Raffinan set a date for a homicide case to go to trial during an Oct. 13 hearing.

Johnwann Elliot, 29, was charged with first-degree murder on May 20 in connection with the March 15 shooting death of Nikia Young on the 2200 block of Minnesota Avenue, SE. Young, 37, was shot seven times in the body and face.

The case has yet to be indicted, Judge Raffinan noted, reminding the prosecutor she has until February to finalize the charges against Elliot.

Defense attorney Roderick Thompson said he would like to check in with the court once before the indictment deadline. Judge Raffinan scheduled the next felony status conference for December.

“The parties have never been in plea negotiations in this matter,” Thompson continued. “It’s my understanding that this will be a trial matter.”

He asked Judge Raffinan to set a trial date now, before the parties’ schedules for 2023 fill up with other matters. “The court’s schedule, I’m sure, is extremely packed. My schedule is packed. The government’s is packed,” Thompson said.

Judge Raffinan set a date for the trial to begin on Nov. 13, 2023.

Thompson also noted that the preliminary hearings revealed that witnesses had “conflicting accounts and reasons to curry favor.” At his request, Judge Raffinan reminded the prosecutor of her obligations to disclose any evidence she finds in her investigation that would contradict her case or suggest Elliot’s innocence.

Court documents, containing witness interviews and surveillance footage reports, give several conflicting descriptions of the suspect. The surveillance footage, according to the documents, depicted the suspect getting off a bus after seeing Young. Two minutes later, he is seen sprinting away from the scene of the shooting, catching up to the bus, and boarding it again.

Two days after the shooting, police detectives followed up with one witness, who identified Elliot as the shooter. The witness was friends with Young, according to court documents, and knew that Elliot “stayed strapped” and was mad at Young for taking one of his guns. The witness provided detectives with a photo of Elliot, which was identical to a photo that one of Young’s relatives had already shown them.

After obtaining a warrant, officers found and arrested Elliot in a hotel on May 19. After arresting him, they found clothes consistent with what the shooter was wearing in the surveillance footage.

The parties are scheduled to return to court on Dec. 17.

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