Judge Grants Motion of General Supervision for Homicide Defendant

DC Superior Court Judge Robert Okun held a motion hearing on Sept. 13 where a homicide defendant requested less supervision.

Gary Rush, 40, is charged with second-murder in connection to the death of Keena Dowtin in Fort Dupont Park in Southeast DC on Sept. 20, 2020.

According to court documents, Rush was driving with Dowtin as his passenger and swerved to avoid hitting a deer. Dowtin dies in the crash.

At the hospital after the incident, Rush was later found positive for PCP, a hallucinogenic drug.

Rush was put under the High Intensity Supervision Program (HISP) after being released from jail on July 22, 2021.

During the hearing, defense attorney Nathaniel Mensah requested that his client to be placed on general supervision.

This would allow Rush to be taken off GPS monitoring. He would also have to report to his parole officer in person once a week.

Judge Okun granted the motion but informed Rush that he is still prohibited from driving under any circumstance. He cannot consume alcohol, nor take drugs unless prescribed by a medical professional.

Rush is scheduled to return to court on Feb. 3, 2023.

Document: Homicide in Northwest

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 9, on the 1300 block of 5th Street, NW.

At approximately 11:45 p.m., officers located 40-year-old Keith Allen suffering from apparent gunshot wounds.

Document: Arrest Made in Sex Abuse Case

Metropolitan Police Department detectives announce an arrest in a misdemeanor sexual abuse offense that occurred on Sept. 9, on the 1500 block of New York Avenue, NE.

A 26-year-old was arrested and charged with misdemeanor sexual abuse.

Document: Police Investigating Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 10, on the 1300 block of Congress Street, SE.

Officers were notified of two adult males seeking treatment at an area hospital for gunshot wounds.

One of the male victims has been pronounced dead. The decedent has been identified as 18-year-old Lonzo Malcolm.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 5, on the 1700 block of Minnesota Avenue, SE.

Officers reported to the location for reports of a shooting. Upon arrival, officers located 63-year-old John Murphy suffering from apparent gunshot wounds.

On Sept. 8, Murphy was pronounced dead.

Judge Hears Arguments for Motion on Murder Trial

DC Superior Court Judge Maribeth Raffinan heard arguments Sept. 12 from both parties regarding a motion filed by the prosecution to discuss previous domestic violence charges against the defendant during trial.

Darnel Sterling, 57, is charged with second-degree murder for allegedly killing his girlfriend 34-year-old Olga Ooro on Sept. 17, 2020, on the 300 block of Massachusetts Ave, NW.

The prosecution argued that the defendant’s previous cases and charges of domestic violence that involved the victim and violating a stay order are relevant to this case and present motive and pattern.

However, Sterling’s defense attorney, Howard McEachern, argued that the involvement of previously dropped charges of domestic violence against the victim were prejudicial.

After hearing arguments from both sides, Judge Raffinan sided with the prosecution and accepted the motion.

The trial is set to begin with jury selection on Sept. 13.

Judge Sentences DC Man for 2020 Murder of A Senior Citizen

On Sept. 9, DC Superior Court Judge Marisa Demeo sentenced a homicide defendant to 32 years in prison for felony murder of a senior citizen and attempted robbery of a senior citizen.

On March 29, 2020, 81-year-old Bobby Poole Jr. was knocked down by 52-year-old Tyrone Williams and an accomplice in an attempted robbery on the 900 block Eastern Avenue, NE. During the incident, Poole hit his head on a metal fence, which caused serious injuries.

Poole was rushed a local hospital. He was released from the hospital on April 2, 2020, but returned days later due to complications from his brain injury. Poole died on May 6, 2020.

Along with the 32-year sentence, Williams will also have to serve eight years of supervised release.

Following Defendant’s Refusal to Participate, Judge Schedules Final Competency Screening

During a Sept. 12 mental observation hearing, DC Superior Court Judge Robert Okun ordered a preliminary screening for the defendant, a “third and final” attempt to assess his competency.

Joseph Melton, 54, has been charged with first-degree murder while armed, assault with a dangerous weapon, assault with intention to kill while armed, carrying a dangerous weapon outside a home or business with a prior felony, and possession of a prohibited weapon.

Melton’s charges are connected to the Jan. 14, 2020, double-stabbing of 48-year-old Kevin Chamberlain, resulting in Chamberlain’s death later that evening.

Melton appeared in court for “yet another” mental observation hearing, as noted by Judge Okun.

In compliance with statutory procedures, Okun previously ordered two screenings for Melton’s mental health evaluation. However, Melton refused to participate in both screenings.

Due to Melton’s behavior, Judge Okun expressed temptation to skip the screening process.

However, Judge Okun agreed to schedule a screening for the third time., insisting that this would be Melton’s last opportunity to cooperate before the screening would be bypassed entirely.
Melton stated that he would participate in the screening.

Both parties agreed that the mental health evaluation should be conducted at a hospital, rather than DC Jail, as previously planned.

The preliminary screening is scheduled for Oct. 7.

Judge Schedules Another Status Hearing for Non-fatal Shooting Defendant

Defense attorney Brian McDaniel raised concerns Sept. 12 about his client’s mental health, prompting DC Superior Court Judge Lynn Leibovitz to reschedule another status hearing.

The 35-year-old defendant was indicted on 15 counts, including armed carjacking, possession of a firearm during a crime of violence, assault with a dangerous weapon, assault on a police officer while armed, attempted unarmed carjacking, unlawful possession of a firearm with a prior conviction, carrying a pistol without a license outside a home or business, unlawful discharge of a firearm, possession of an unregistered firearm and unlawful possession of ammunition after allegedly shooting a gun in February of 2021. The defendant was seen running down the 100 block of Ridge Road, SE firing his firearm towards police officers, according to court documents. After shooting towards the officers, the defendant got into a parked police vehicle where officers apprehended him.

McDaniel requested that the defendant be transferred from DC Jail to St. Elizabeth’s Hospital, DC psychiatric institution. McDaniel has been held on the matter for 20 months, and he is still concerned about his mental health.

He requested 45-days to allow more time to get another report from the defense’s independent doctor.

McDaniel also requested the defendant’s release due to health issues. He said he believes the defendant’s history of substance abuse, the effects of COVID-19, and family health concerns should be enough for his client’s release.

Judge Leibovitz denied the defense’s request for release because probable cause was found during the case’s presentment hearing in 2021.

The next hearing is scheduled for Oct. 24.

Judge Releases Sex Abuse Defendant

During a Sept. 12 hearing, the prosecution announced the defendant’s bail posting in a 2022 sexual abuse case.

On July 16, 2022, a 14-year-old victim reported that the 51-year-old defendant grabbed her buttocks twice while she was doing her laundry. When the victim tried to walk away, the defendant reportedly grabbed her arm and told her to “come on” back to his apartment. The victim identified the defendant as her attacker.

On Monday, the defendant was released on a $1,000 cash bond.

According to the DC Court, a stay-away order was imposed on July 18. The defendant has received two notices of non compliance on Aug. 12 and Aug. 31.

During the arraignment, the defendant pleaded not guilty to all charges, including three counts of second-degree child sex abuse and one count of simple assault. He was indicted on these charges on Aug. 31.

DC Superior Court Judge Milton Lee previously allowed the prosecution to continue providing the defense with evidence for each charge, granting the defense access to records relevant to the case.

Initially, the prosecution struggled to obtain a protective order, which would protect witnesses from unreasonable or invasive requests. These issues have since been resolved, and the prosecution plans to submit a written report of the evidence collected within a few days.

The prosecutor said he doesn’t plan to collect nor include any DNA evidence related to the defendant’s clothing.

The next hearing is scheduled for Oct. 13.

Former Maryland Teacher and Coach Receives Sentence for Sexually Abusing Minors

A former history teacher and rowing coach at Walt Whitman High School in Bethesda, Md. was sentenced for the sexual abuse of minors.

Kirkland Shipley, 48, was initially charged with sexual abuse of a secondary education student and sexual performance using a minor. According to court documents, he drove a student to his home, located in the Georgetown neighborhood of D.C., where he and the victim performed oral sex on each other. Shipley was 44-years-old at the time, while the victim was 17-years-old.

In another incident, Shipley exchanged nude and explcit photos and videos with a former student athlete of his and took screenshots of this content.

During the Sept. 9 sentencing, the prosecution read victim impact statements from students he coached, outlining Shipley’s abusive behaviors. Shipley’s former students expressed the emotional damage his actions gave them, including high levels of anxiety, eating disorders and depression.

Notably, one victim referred to Shipley as a “talented manipulator” and a “cancer festering in the community.”

For the past 20 years, Shipley has abused his position of power, taking advantage of impressionable teenage girls, the prosecutor said.

In determining appropriate sentencing for Shipley, D.C. Superior Court Judge Maribeth Raffinan said that the damage Shipley has created “cannot be erased.”

As such, Judge Raffinan sentenced him to 36-months in prison for the sexual abuse of a secondary education student and 24-months in prison for the sexual performance with a minor. The sentences are set to run consecutive to the other. Shipley will also have to serve three years of supervised release and register as a sex offender when released.

Defense Suggests Two Assailants, Medical Examiner Says Otherwise

A homicide trial continued on Sept. 9 with the prosecution calling four witnesses to the stand.

Edward Brown, 60, is charged with first-degree murder of a senior citizen while armed, in the fatal stabbing of 77-year-old Michael Mahoney on the 2300 block of 11th St., NW on Feb. 5. 2018.

The prosecution called the property manager of Mahoney’s residence, who testified to her involvement in finding Mahoney’s body after a requested welfare check by another resident of his apartment complex. Additionally, the prosecution called two Metropolitan Police Department detectives, who spoke to their roles and methods used in investigating the crime scene.

The prosecution then called a medical examiner who was asked to testify regarding her autopsy examination of the decedent. She testified that from her findings, Mahoney would have died within minutes of his injuries, there was likely only one assailant, and this case was consistent with homicide committed by a sharp blade because of the defensive wounds and puncture marks on his body.

During the cross examination, defense attorney Kevin Mosley brought into question the possibility of two assailants, the efficacy of the forensic investigators, and Mahoney’s suspected time of death.

The medical examiner testified wounds were inconsistent with two assailants, praised the city’s forensic investigators, and said that time of death is very difficult to determine but was likely 24-36 hours before the time of autopsy. DC Superior Court Judge Rainey Brandt scheduled the trial to resume on Sept. 9.

Judge Reschedules Sentencing for Co-defendants in Homicide Case

DC Superior Court Judge Robert Okun agreed to reschedule a sentencing hearing for a 2017 homicide case.

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

The defendants were found guilty of all charges in July of 2022.

Even though the prosecution was ready for sentencing Friday, defense counsel told Judge Okun that they were not ready.

Williams’ defense attorney, Raymond Jones, said the was currently looking at new evidence in the case. Jones said he expects to file a motion for a new trial. The motion is due on Jan. 9, 2023. The prosecution’s response on the motion is due by Feb. 3, 2023.

Steven Kiersh, Garvin’s defense attorney, said he is waiting on trial transcripts.

The sentencing is scheduled on March 17.

Judge Reschedules Felony Status Conference for Triple Homicide

D.C. Superior Court Judge Robert Okun agreed to reschedule a felony status conference for a triple homicide.

Erwin Dubose, 28, and 25-year-old Kamar Queen were both arrested in connection to a triple homicide. According to court documents, two of the surviving victims are verified to be affiliated with the Kennedy Street Crew. Dubs and Queen are charged with first-degree murder while armed.

During the Sept. 9 hearing, the prosecution requested additional time to coordinate with parties and process the evidence.

The prosecutor told Judge Okun that he expects to secure an indictment by the end of the year.

Judge Okun accepted this request, granting the parties a motion for fuller discovery.

Both defendants were not present for the hearing due to issues with transportation. They are currently being held at the DC Jail.

On Sept. 4, 2021, a Metropolitan Police Department officer heard gunshots and canvassed the area, according to court documents. He found six victims suffering from apparent gunshot wounds on the 600 block of Longfellow Street, NW. Three of the six victims, Donnetta Dyson, Keenan Braxton, and Johnny Joyner, died from their injuries while en-route to an area hospital.

The next felony status conference is scheduled to occur on Jan. 13, 2023.

Sex Abuse Defendant Requests Change in Attorney

A sex abuse defendant requested a new attorney on Sept. 8.

The 60-year-old defendant faces a 15-count indictment with charges for first-degree sexual abuse with aggravating circumstances, kidnapping, attempted first-degree sexual abuse with aggravating circumstances, third-degree sex abuse- force with aggravating circumstances and second-degree child sex abuse with aggravating circumstances for allegedly sexually assaulting his 11-year-old niece. According to court documents, in January of 2021 an unknown source emailed the victim’s school counselor and informed them about the assault.

The defendant expressed a potential conflict of interest regarding his new defense attorney. DC Superior Court Judge Robert Okun granted the defendant’s request.

Defense attorney Austin Terrence will be replacing defense attorney Ronald Resetarits in the 2021 first degree child sex abuse case.

The next status hearing is scheduled for Oct. 27.

Search