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Judge Addresses Multiple Motions in Triple Homicide Case

A DC Superior Court judge severed one of the defendants charged in connection with a 2019 triple homicide case.

Rakeem Willis, 31, and Johnathan Winston, 32, are each charged with three counts of first-degree murder while armed for shooting 26-year-old Sean Shuler, 26-year-old Javon Abney and 24-year-old Tyrik Hagood on Jan. 26, 2019. MPD officers responded to the crime scene at approximately 10 p.m. and located the victims near and inside a car parked in the 1500 block of Fort Davis Place, SE. All three were suffering gunshot wounds and pronounced dead at the scene by EMS.

Jeffrey Felder, 34, is charged with accessory after the fact in connection to the incident.

All three defendants were indicted for conspiracy on Sept. 22, 2021. In addition to murder, Willis and Winston are charged with unauthorized possession of a firearm and possession of a firearm during an act of violence.

Willis is also charged with fleeing a police officer. Fugitive task force officers located Willis in Maryland on June 11, 2019, at a mall. When officers tried to arrest him, Willis fled in his car at a high speed toward D.C. with police in pursuit. He left his car and continued to flee on foot, but was located by K9 units under a low-hanging deck in the 4000 block of D Street, SE. Willis was found carrying almost $6,000 in cash, according to court documents.

Defense attorney Michael Madden filed a motion to sever Felder’s case from his co-defendants, which was discussed during the most recent hearing in June 6. His reasoning was because Felder was arrested much later and allegedly does not play as significant a role in the incident as Willis and Winston did.

Felder, who was indicted in 2021, joined the case after his co-defendants, who had been imprisoned for three years. Felder remains on pretrial release through the High-Intensity Supervision Program with a curfew. 

“It’s unfair to the government to sever these cases,” the prosecutor said, noting all three defendants are charged with conspiracy under the same indictment. “Chopping the various pieces of the case is inefficient.” 

DC Superior Court Judge Milton Lee granted the severance, citing his concern over the length of Willis and Winston’s imprisonment.

In light of Felder’s employment, which includes on-call obligations outside his typical work hours, Madden also asked the court for a curfew extension.

Superior Court Judge Milton Lee granted the oral motion, emphasizing to the defendant the work-related extension is the only exception to the curfew.

Winston’s defense lawyer Kevin Irving raised concerns during the same hearing about a deputy warden at D.C. Jail, where Winston is held. He alleged that Winston was spitefully kept under restrictive custody even when criteria for his transfer back to General Population was met. 

Irving said when Winston brought these concerns, he was given the option to either return to General Population or regain possession of his medically-prescribed walking cane.

A lawyer for the Department of Corrections (DOC) was present at the hearing. He clarified the deputy warden in question held no personal animosity towards Winston. Judge Lee noted his own notes reflected Winston experienced recurrent behavioral problems. 

The DOC lawyer said he did not have information on whether Winston was offered his walking stick as a substitute for moving him back to General Population, and will be further investigating.

Judge Lee did not take any action on the matter.

Willis and Winston are scheduled for a motions hearing on June 17. Felder is scheduled for a status hearing on Jan. 16. Jury selection in this case is scheduled for August 10.

Judge Denies Motion For Mistrial As Jury is Deadlocked in Murder Trial

A DC Superior Court judge denied a motion for a mistrial after jurors were deadlocked, unable to reach an agreement. 

Metropolitan Police Department officers found 83-year-old Bobby Poole, Jr. bleeding from the head. Poole was brought to the hospital and later discharged on April 2, 2020. He was re-hospitalized a week later when a family member reported he was confused, could not balance on his feet and could not speak properly. The morning after he was released the second time on May 5, 2020, Poole was found dead at his residence.

Tyrone Williams, 52, was later charged with first-degree felony murder of a senior citizen and attempted robbery for an incident on March 29, 2020, in the 900 block of Eastern Avenue, NE. Williams’ trial began with opening arguments on May 16 and ended with closing arguments on May 26. The jury has been deliberating since May 31 and did not come out with a verdict as of June 6.

“We have voted six times and are at an impasse,” the jury wrote to D.C. Superior Court Judge Marisa Demeo.

“The jury deliberated longer than the testimonies and the case itself,” defense attorney Stephen Logerfo said. 

Logerfo and co-counsel Carrie Weletz presented an oral motion to declare a mistrial and restart Williams’ trial proceedings. Judge Demeo denied the request and sent jurors back into deliberations.

Williams is scheduled to appear in court next on June 7.

Williams was identified by police using surveillance footage. A second suspect, known only by the street name “DaDa”, was seen with Williams prior to the robbery attempt and remains at large, according to court documents.

Man Enters Plea Deal in Domestic Violence Case

A domestic violence defendant accused of assaulting his girlfriend with a gun entered a plea deal.

During the June 6 hearing, Charles Augburn, 22, pleaded guilty to one count of simple assault and one count of unlawful possession of a firearm in connection to an altercation with his girlfriend on January 30. According to court documents, Augburn brandished a gun following an argument with his girlfriend in which she accused Augburn of flirting with another woman. At one point, his girlfriend allegedly pulled out a taser. In response, he brandished a handgun, according to court documents.

Augburn’s defense lawyer Julie Swaney motioned for his release during the hearing, citing two family members declining health. Swaney also noted Augburn was in compliance with his ongoing mental health treatment. 

The prosecutor pushed back, requesting that Augburn remain detained at St. Elizabeths hospital, DC’s psychiatric institution.

D.C. Superior Court Judge William Nooter rejected the defense’s request for release.

“I think it’s extremely important he maintains his regimen of treatment,” he said in reference to Augburn’s detention at St. Elizabeths.

As part of his plea deal, Augburn will have to register as a gun offender for at least two years after his sentence Their will be a pre-sentencing investigation into whether he qualifies for probation under the Youth Rehabilitation Act. 

Augburn is scheduled to be sentenced on August 18. 

Document: Suspect Arrested in Relation to April Homicide

The Metropolitan Police Department has announced an arrest in relation to an April 17 homicide.

At approximately 11:16 a.m. officers responded to the 3800 block of Minnesota Avenue, NE, due to sounds of gunshots. Upon arrival, officers located 38-year-old Tiffany Wiggins inside a vehicle with gunshot wounds. She died from her injuries, according to the press release.

On June 7, officers arrested 37-year-old Morris Jones and charged him with first-degree murder while armed in relation to the homicide, according to the press release.

Document: DC Homicide Suspect Apprehended in Arizona

The Metropolitan Police Department announced that a homicide suspect has been arrested in Arizona.

At approximately 8:50 p.m. on March 23, 2021, officers responded to the 1500 block of Ogden Street, NW, due to a report of an unconscious person. Upon arrival, officers located 38-year-old Ramon Gomez-Yanez on a sidewalk, unresponsive and unconscious. An autopsy later revealed that the cause of death was blunt force trauma and his death was ruled a homicide, according to the press release.

On May 13, the U.S. Border Patrol in Douglas, Arizona, apprehended 24-year-old Alvin Cruz-Garcia in relation to the homicide.

On June 7, Cruz-Garcia was charged with second-degree murder while armed, according to the press release.

Parties Debate Defendant’s Competency in Kidnapping, Sex Abuse Case

A felony sex abuse defendant was evaluated during a hearing to determine his competency.

The 56-year-old defendant is charged with kidnapping while armed, assault with a dangerous weapon and two counts of first-degree sex abuse while armed. The four-count indictment was handed down on Feb. 2, 2020.

The defendant is being held at St. Elizabeths Hospital, Washington’s psychiatric institution. During his hearing on June 6, defense attorney Andrew Ain told DC Superior Court Judge Rainey Brandt that the defendant suffers from several mental illnesses which include mood, thought and personality disorders.

Ain said the defendant has issues communicating with him and has changed his mind several times regarding plea deals.

“He doesn’t have a rational understanding of the case,” Ain said.

A licensed clinical psychologist in Virginia said the defendant was diagnosed with a variety of mental illnesses, including borderline personality disorder during the evaluation.

The defendant “has a pattern of instability and can be actively psychotic at times,” the witness said.

The witness also said the defendant has had delusions, voices and hallucinations.

However, the prosecution said the defendant is competent to stand trial because he has a “rational and factual comprehension” of the case. The prosecutor said the defendant had been deemed competent in the past and nothing has changed about his diagnosis.

“When [the defendant] is medicine-compliant, he is restored to compliance and remains compliant,” the prosecutor said.

The prosecution’s psychologist found insufficient evidence to sustain a borderline personality disorder.

The hearing on June 6 is the first of four proceedings to determine the defendant’s competency. The hearings are scheduled to continue until June 9 when the court is expected to hand down a competency ruling.

Defendant Pleads Guilty to Misdemeanor Sex Abuse Charge

A defendant pleaded guilty and was sentenced to 90 days in jail for misdemeanor sex abuse less than two months after he was originally charged.

Lawrence Arnold, 31, was initially charged with assault with a dangerous weapon and misdemeanor sexual abuse involving a firearm for an incident that occurred earlier this year. He pleaded guilty to misdemeanor sexual abuse and was sentenced on June 6.

On April 15, police officers responded to a call about a man in the 1700 block of R Street, NW who had assaulted a woman and threatened a second person with a gun. The woman told officers the defendant followed her into an elevator while she was getting her laundry and started touching her dress and buttocks. The victim was able to escape and ran back to her apartment.

The second victim, a relative of the woman, found and confronted Arnold in the elevator at which point the defendant lifted his shirt to reveal a gun in his waistband. The second victim returned to the residency and called for emergency services.

Officers identified Arnold using surveillance footage and arrested him the same day. 

Arnold pleaded guilty to one count of misdemeanor sex abuse on June 6 and was sentenced to 180 days suspending 90 days for the time he has already served. Additionally, he is sentenced to 18 years of supervised probation.

Murder Defendant Denied Pretrial Release Pending Full Competency Evaluation

A DC Superior Court judge denied a request to release a defendant accused of murder.

On Dec. 14, the Metropolitan Police Department responded to a shooting on the unit block of 61st Street, NE. MPD officers found Jacques Russ, 44, lying in the street unresponsive with a single gunshot to the head. Jamaarr Morgan was subsequently arrested and charged with first-degree murder while armed on March 1. 

Judge Marisa Demeo and parties reviewed the results of the screening during a June 6 hearing. According to a medical evaluation, Morgan’s doctor could not finalize a recommendation on Morgan’s competency. In response, the judge ordered a full competency evaluation of the defendant from the Department of Behavioral Health. 

Dana Page, Morgan’s defense attorney, motioned for her client to be released from custody. She said Morgan has no prior felony convictions and is working toward his GED certificate. If released, Morgan also has employment options and a place to live. In response, the prosecutor stated these were the same reasons the defense presented at Morgan’s preliminary hearing on April 25, when D.C. Superior Court Judge Milton Lee denied a previous motion for release. 

During the preliminary hearing in April, Judge Lee found substantial probability for first-degree murder in the case. The prosecution argued the circumstances in the case have not changed since, and that Morgan’s confinement at DC Jail remains the appropriate course of action. The prosecutor also noted that Morgan is a flight risk who had briefly fled the area previously before returning to the jurisdiction on his own. 

Judge Demeo denied the request based on the seriousness of the charge and the strength of the government’s evidence. She noted the aggravating circumstance that the defendant is believed to have no prior relationship with the victim and therefore represented a threat to the public.

The parties are scheduled to return for another mental observation hearing on July 12.

Defendants Sentenced In 11-Year-Old’s Homicide

The man who fired the fatal shot in the stray bullet killing of 11-year-old Davon McNeal was sentenced along with two other co-defendants for voluntary manslaughter while armed.

MPD officers responded to the 1400 block of Cedar Street, SE on July 4, 2020 and located 11-year-old McNeal lying on the ground with a gunshot wound to the head. McNeal was transported to the hospital but life-saving efforts failed and he was pronounced dead. 

Two initial suspects, Christen Wingfield, 24, and Daryle Bond, 20, were arrested on July 9 and July 10 respectively. Carlo General, 21, was not arrested until July 29, 2020, when members of a fugitive task force apprehended him in Maryland. A fourth suspect, Marcel Gordon, 27, was arrested in Maryland on Aug. 31, 2020.

General and his co-defendants were indicted on first degree murder while armed, conspiracy and two gun charges on Feb. 9 of this year. On Feb. 28, General pleaded guilty to voluntary manslaughter while armed and signed a proffer that he had fired the shot that struck McNeal in 2020. He pleaded guilty to  voluntary manslaughter while armed with aggravating circumstances, which carries a sentencing range of 13 to 16 years in Washington D.C., which includes a five-year mandatory minimum for his use of a firearm. 

General was the last of the co-defendants to accept a guilty plea and was sentenced on June 3.

A prosecutor showed six angles of the incident through surveillance footage during the sentencing. He narrated the timeline of events as it played out and verbally identified each individual seen in the video. 

McNeal is seen leaving a vehicle on one side of the street before crossing over into the 1400 block of Cedar Street, SE to get a phone charger. He speeds up into a run and curves toward a basement door before he collapses from being shot. Carlo General then runs into frame and looks down an alley that leads into the rear of the block, according to court documents. 

Daryle Bond then arrives at the location, followed by Wingfield and Gordon, respectively. All four men are on foot. They all peak down the alleyway, see McNeal lying dead at a basement door and proceed to collectively run down Cedar Street from the crime scene.

The prosecutor emphasized several aggravating factors in his sentencing recommendation. General was carrying a laser-sighted gun, he appeared to lead the other three defendants down the street to open fire and he was intoxicated on percocet and marijuana. “Because of [General’s] actions, McNeil is dead,” the prosecutor said. “Carlo General is the most cold-blooded of all the defendants. Carlo General is the reason we are here today.”

Defense lawyer Mary Kennedy noted that throughout criminal proceedings, her client had shown himself to be remorseful of his actions. First, General did not contest the notion that he had fired the fatal shot that killed McNeal. Second, General has accepted a plea deal that carries a heavier sentence than all his co-defendants. 

Kennedy also addressed the prosecutor’s focus on General’s admission to firing the fatal shot as extraneous in the context of pre-sentencing, recommending a 13-year sentence.

 “The government’s recommendation describes something to Mr. General, that is something not present,” she said. “There is no world in which Mr. General had any intent to harm Davon. It was tragic, but happenstance that Mr. General was faster [running to the location] and that the bullet came from his gun.” 

General read a pre-written statement in court.  “I know none of us wanted to be here. I’m sorry for my role in the incident, I’m sorry for the pain and suffering,” General said. “I loved the little boy myself. It hurts. I have to live with it the rest of my life … I’ve lost a lot of people in my life. I’ve been to a lot of funerals. I know hurt – I just know how to hide my pain like a shield. I just wish things could go back to how they were, but it can’t. We all just have to learn to forgive and move on positively in life. I’ll value the words that were passed and I’ll learn from them.”

Judge Rainey Brandt summarized the letters she received from General’s family and community. Among them were letters from General’s mother, a family friend who had known General since he was a baby and General’s old school teacher, all of whom had expressed that General was not who he seemed. 

“By all accounts, according to your family and friends, everyone is in complete shock that you are here,” Brandt said, addressing General. 

Kennedy requested General be sentenced under the Youth Rehabilitation Act (YRA), but Brandt rejected the request due to his criminal history.

Brandt said in a non-legal context that if she were to sentence General under the YRA, it would be equivalent to “erasing” McNeal’s death.

“You did step up and take responsibility in this plea, but it took law enforcement a little while to track you down,” Brandt said. “To really step up, means you step up and take responsibility immediately after you find out that you’ve done something that’s wrong, no matter what the consequences will be. That is a sign of an adult. That is the sign of a person who’s contrite.” 

“Ms McNeil, in all of her grief, is correct that with the sentences that were agreed upon by these plea deals, all of you gentlemen will have an opportunity to start over. Little Davon will not,” Judge Brandt told the defendants. “That mom’s grief was really real and painful. They all asked that I give you leniency for your mistake. Davon McNeil, his life was not a mistake. Copying down the wrong telephone number is a mistake. You are running through the streets with a gun, shooting willy-nilly … you forgot you have to be punished and hopefully you will reflect. Because at some point in time you will have an opportunity to rebuild your life.”

General was sentenced to 192 months, or 16 years, in prison for voluntary manslaughter while armed with a firearm with aggravating circumstances with five years supervised release. He will serve the first five years as a mandatory minimum for his use of a handgun in the crime.

Wingfield was sentenced to 114 months for voluntary manslaughter while armed.  Bond’s sentence was postponed to a later date. 

Document: February Shooting Victim Dies

The Metropolitan Police Department has announced a victim in a shooting has died from their injuries.

At approximately 7:29 p.m. on February 19 officers responded to the 3000 block of Bladensburg Road, NE, due to a report of a shooting victim inside a building. Upon arrival, officers located 31-year-old Maurice McRae with gunshot wounds and transported him to a local hospital.

On April 27, McRae succumbed to his injuries and was pronounced dead. The shooting was ruled a homicide, according to the press release.

Document: Homicide on June 5 in the Carver/Langston Neighborhood

Metropolitan Police Department detectives are investigating a June 5 homicide that occurred in the Carver/Langston neighborhood.

At approximately 9:03 a.m. officers responded to the 1600 block of Maryland Avenue, NE, due to a report of a shooting. Upon arrival, officers located 31-year-old Martinez Johnson with gunshot wounds. He was later pronounced dead, according to the press release.

Document: June 5 Homicide in Anacostia Neighborhood

The Metropolitan Police Department is investigating a June 5 homicide that occurred in the Anacostia neighborhood.

At approximately 1:28 a.m. officers responded to the  2100 block of 13th Street, SE, due to a man down. Upon arrival, officers located 43-year-old Shaheed Johnston and with puncture wounds. He died on scene, according to the press release.

Document: June 4 Homicide

The Metropolitan Police Department is investigating a June 4 homicide.

At approximately 5:39 p.m. officers responded to the 500 block of 23rd Place, NE, due to reports of a shooting. Upon arrival, officers located 39-year-old Jerome Quigley, Jr. with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

Former Maryland High School Teacher Pleads Guilty to Sex Abuse Charges

A former Maryland high school teacher and sports coach pleaded guilty, via a remote meeting, to two sex abuse offenses.

Kirkland Shipley, 48, pleaded guilty to first-degree sexual abuse of a secondary education student and possession of a sexual performance of a minor during a June 3 hearing. He was originally charged with three counts of first-degree sex abuse of a minor and three counts of second-degree sex abuse of a minor. The other charges were dismissed as part of the plea deal.

During the hearing, the prosecutor detailed, for DC Superior Court Judge Maribeth Raffinan, the incidents that occurred with two separate victims. 

The first victim was in high school from 2014 to 2018 and joined the girl’s rowing team during her sophomore year. Shipley was her coach. Shipley was also her history and geography teacher during that time, according to court documents. 

The first incident between Shipley and the first victim occurred before the victim’s high school graduation. Shipley was 44 and the victim was 18 years old at the time the incident occurred, according to court documents.

The second victim was a high school student from 2009 to 2013. She joined the girl’s rowing team as well during her sophomore year and also was coached by Shipley. He was her history teacher at the time as well, according to court documents. 

Shipley sexually assaulted the second victim in July of 2013, when Shipley was 39 and the victim was 17 years old.

Parties agreed to suggest the maximum 10-year sentence for the charges with a minimum of three years of supervised release. Shipley must also register as a sex offender for the rest of his life.

The defendant is currently released on personal recognizance, according to the DC Courts website.

Shipley is scheduled to be sentenced on Sept. 9. 

Domestic Violence Defendant Pleads Guilty to Kidnapping

A domestic violence defendant in a 2021 case pleaded guilty to kidnapping.

Keshard Rando, 20, was initially charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for an incident that occurred on Nov. 20, 2021. He pleaded guilty during a June 2 hearing to kidnapping.

The prosecutor detailed during the hearing how the November incident played out. On Nov. 20, 2021, at approximately 11:30 a.m. a Metropolitan Police Department officer responded to an apartment on the 4600 block of Livingston Road, SE, due to reports of gunshots and a baby crying.

According to court documents, Rando had a domestic dispute that escalated when the victim and her child attempted to leave. Rando assaulted the two while trying to prevent them from leaving the area and discharged the gun during this altercation. The victims were eventually able to flee. 

Rando is scheduled to be sentenced on August 24.