Proceedings Delayed for Mental Evaluation in Sex Abuse Trial

During a Sept. 6 hearing, parties requested more time to evaluate the defendant’s ability to understand a plea bargain.

The 65-year-old defendant is charged with second-degree child sex abuse for allegedly sexually assaulting his wife’s 15-year-old granddaughter. According to court documents, this incident occurred in his home, where he inappropriately touched her breasts and vagina.

The complainant reported the incident almost a year after the assault occurred. She told officers that she hesitated because she “didn’t want to be a victim.”

According to court documents, the defendant told the officers when interviewed that he may have been drinking heavily at the time of the incident, as he drank frequently over that period.

Defense attorney Molly Bunke and the prosecution submitted a joint request for more time to continue evaluating the defendant’s mental state.

The prosecution said counsel is discussing plea bargains but needs to confirm the defendant understood fully before agreeing to any deal.

DC Superior Court Judge Robert Okun granted the request.

The next hearing is scheduled for Oct. 26.

Homicide Defendant Pleads Guilty to Second-Degree Murder

During a Sept. 6 hearing, a murder defendant rejected a plea offer in connection to a 2017 shooting.

Derek Turner, 31, is charged with second-degree murder, obstruction of justice, and conspiracy in the shooting of 28-year-old Andrew McPhatter, on March 5, 2017, on the 3500 block of Wheeler Road, SE. Turner is also charged with second-degree murder for shooting 23-year-old Devin Hall, on Jan. 7, 2017, on the 3500 block of 6th Street, SE.

During the hearing, Turner pleaded guilty to both second-degree murder charges. Both parties settled on 14.5 years in prison for each charge. Turner will serve them both sentences consecutively.

He is scheduled to go to trial on Sept. 7 with his co-defendant Ronnika Jennings for other charges he faces in another case.

Defense Requests Uncensored Evidence Pending 2023 Trial

Ronald B. Resetartis requested the prosecution release uncensored evidence and a statement that one of the witnesses in the case told detectives.

Thomas Fields Jr., 36, is charged with first degree murder while armed for allegedly stabbing 24-year-old Marquita Lucas. The stabbing took place on Aug. 17, 2019, on the 3700 block of Horner Place, SE.

Fields Jr. is also charged with three counts of assault with a dangerous weapon, three counts of tampering with physical evidence, three counts of possession of a firearm during crime of violence, three counts of unlawful possession of a firearm with a prior crime of violence, and one count of kidnapping while armed. He received a 15-count indictment on March 3, 2021.

Resetarits requested the prosecution release an uncensored version of previously given evidence.

The prosecutor expressed a desire for the uncensored version of the evidence to be made accessible only by Resetarits and his newly appointed co-counsel, Quiana Harris, due to a prior protective order.

The defense accepted the stipulation and the prosecution agreed to release both uncensored and censored versions of the evidence.

Resetarits also requested one of the witness’s statements that was not captured on body cam footage.

DC Superior Court Judge Rainey Brandt, who was newly appointed to the case, tasked counsel with getting their motions and expert notices in by Dec. 9.

Judge Brandt set the next status hearing for Oct. 28.

Judge Excludes Knife From Case, Trial Set to Begin for Homicide

During a Sept. 6 hearing, D.C. Superior Court Judge Rainey Brandt responded to the defense’s motions in a 2018 homicide case.

Edward Brown, 61, was charged with the robbery of a senior citizen while armed, as well as two counts of first-degree murder of 77-year-old Michael Mahoney on Feb. 5, 2018.

Mahoney was found dead in his apartment, lying in a large pool of blood.

The prosecution’s lead detective notified the court that he was exposed to COVID-19 a couple of days before the hearing.

Despite testing negative twice, he reported mild symptoms which warranted safety concerns. The lead detective reviewed 44 hours of video surveillance on the crime scene, and his summary of that recording was crucial to the prosecution’s case, according to the prosecutor.

Given the detective’s status as a key witness, both parties refused to permit his remote attendance by Webex.

The order of witness testimonies during trial will depend on the detective’s COVID-19 test results. Should he test negative, he will testify first for the prosecution, while a positive test would require him to quarantine for 5 days, thus delaying his testimony, said Judge Brandt.

Additionally, CDC guidelines would normally require someone in the detective’s position to wear an N-95 or KN95 mask while testifying. However, Judge Brandt received special permission for him to wear a clear mask so long as he remains 6-feet away from everyone else. This would permit the jury to see the detective’s face, consistent with the court’s ordinary protocol for witnesses.

The parties discussed two motions to exclude planned testimonies by the prosecution’s medical examiner. Defense attorney Gemma Stevens also motioned to exclude the prosecution’s suspected murder weapon, a knife that was found in Brown’s car.

According to a previous ruling, a suspected murder weapon can only be introduced if there is direct and substantial evidence of its similarity to whichever weapon wounded the victim.

In this case, the court has no distinguishing information about the actual knife used to murder Mahoney, making it difficult to determine its similarity to the knife in Brown’s car.

Stevens cast further doubt on the knife’s viability as evidence, asserting that any links between Mahoney’s murder and the knife were tenuous, speculatory, and prejudicial.

The car knife appeared to be a small paring knife, contradicting one witness’s claims to have seen a “big ol’ knife” in Brown’s car. Additionally, there was no forensic evidence linking the knife to either the victim or Brown, and no “blunt-edge” comparison had been conducted to link the murder wound and car knife.

The medical examiner mentioned nothing about a knife in her initial evaluation, yet later asserted that the car knife matched the wound due to both being “thin and narrow.”

Judge Brandt ruled in favor of the defense, opting to completely exclude the segment about the knife including the medical examiner’s testimony. “We know nothing about the knife, it’s vague and can’t be linked in any sort of way to the defendant,” she said.

Judge Brandt opined that the examiner’s assertions contributed nothing to the story about Mahoney’s death, and a “thin and narrow” description could be applied to virtually any knife.

Defense attorney Kevin Mosely introduced a motion to have another testimony by the prosecution’s medical examiner excluded, in which she would estimate Mahoney’s time of death based on the 400 mL of partially-digested food in his stomach.

Mosley cited their examiner’s opinion that gastrointestinal content alone cannot be used to determine a specific time of death. The prosecution agreed but asserted that a range of potential death times based on Mahoney’s stomach content would still contribute valuable information to the story of his death and should not be excluded.

The prosecution also referenced video surveillance showing Mahoney carrying a plate of food into his apartment before his death, as well as an unwashed plate later found on his countertop. The prosecution said this evidence provided a range of time with factors for cross-examination and closing argument.

Judge Brandt ultimately ruled to include the testimony by the medical examiner concerning the contents of Mahoney’s stomach. She explained that gastrointestinal content was only one factor of the examiner’s testimony, and the time window, which the examiner would provide for Mahoney’s death warranted both cross-examination and the jury’s consideration.

Brown is set to begin trial on Sept. 7.

Document: Northeast Homicide

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 4, on the 1800 block of East Capitol Street, NE.

At approximately 3:41 p.m., officers located an adult male suffering from apparent trauma. He was pronounced dead at the scene.

The decedent has been identified as 31-year-old David Louis Baker, Jr.

Document: Homicide in Northeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 5, on the 1000 block of 51st Street, NE.

At approximately 1:35 p.m., officers responded to the 4400 block of Minnesota Avenue, NE, for reports of a victim suffering from a gunshot wound. According to a press release, the victim was pronounced dead at the scene.

The decedent has been identified as 31-year-old Terrell Felder.

Document: Police Investigating Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 2, on the 1600 block of 18th Street, SE.

At approximately 6:34 a.m., MPD officers located 43-year-old Jermaine Brown suffering from apparent gunshot wounds.

Judge Sentences Defendant to 5 Years in Prison for Voluntary Manslaughter

During a Sept. 2 hearing, a homicide defendant was sentenced to 60-months in prison for voluntary manslaughter for the shooting death of 21-year-old Michael Taylor.

On Jan. 12, 2019, officers from the Metropolitan Police Department (MPD) responded to a report of a shooting on the 1700 block of Benning Road, NE. Upon arrival, officers found three victims at the location. Taylor along with two other people, including a child, sustained significant injuries form the shooting.

Tavis Alston, 28, pleaded guilty to voluntary manslaughter on May 25. He was one of the five men, including Naquel Henderson, Carlos Turner, 23, Stephon Evans, 22, and Alonzo Brown, who are charged with Taylor’s death.

Taylor’s father made a victim impact statement. He also submitted a written victim impact statement prior to the sentencing hearing.

“Whatever sentence he gets, my son won’t come back,” Taylor’s father told DC Superior Court Judge Milton Lee during his impact statement.

“You wrote a letter to me and it is one of the most heartfelt letters I have read. I have the most upmost respect for you,” Judge Lee told Taylor’s father.

Defense attorney Marnitta King said her client has shown remorse for his actions.

“He always wanted to make it right,” she said. “I don’t think I ever had someone call me, send me letters as much as he has.”

As part of the plea deal, parties agreed to the minimum mandatory sentence.

Alston will also have to serve 5 years of supervised probation. In addition, he is required to register as a gun offender once released.

Henderson, 25, and Brown, 25, were released from DC Jail into home confinement in August.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 1, on the 1500 block of Mississippi Avenue, SE.

According to court documents at approximately 7:22 p.m., officers located 36-year-old D Angelo Taylor suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Document: Suspect Sought in a Homicide

Metropolitan Police Department detectives are asking for the public’s help locating a homicide suspect.

On Aug. 24, MPD officers found 25-year-old Ahmad Clark on the 200 block of Florida Avenue, NW suffering from apparent gunshot wounds. The officers also located an adult female victim suffering from gunshot wounds. She was transported to an area hospital.

Document: Suspect in a 2020 Homicide Appreheneded in California

Metropolitan Police Department detectives made an arrest in a homicide that occurred on Aug. 6, on the 600 block of 46th Place, SE.

At approximately 5:47 p.m., officers located 26-year-old Micheal Brittingham suffering from multiple gunshot wounds. A second adult male was located on the scene and was transported to an area hospital, according to court documents.

On Aug. 29, 19-year-old Dreaun Young was arrested and charged with second degree murder while armed in Hollywood, CA. He will go through the extradition process and will be returned to Washington, DC.

Defendant Pleads Guilty to Second-Degree Homicide

During an Aug. 31 hearing, a 40-year old defendant pleaded guilty to second-degree murder while armed.

Brian Foster was initially charged with first-degree murder for the murder of 43-year-old Anthony Mitchell on the 3700 block of First Street, SE. On Aug. 18, 2021, at approximately 11:54 a.m., Foster, Mitchell, and three witnesses were driving together in Mitchell’s green Pontiac Grand-Prix to identify a noise coming from his car, according to court documents.

They later returned to their initial location and began smoking marijuana and PCP, a hallucinogenic drug, documents state. Later, around 12:58 p.m., Foster acquired a firearm and walked back to the victim’s parked car. Foster then shot Mitchell twice through his car door, one bullet entering the left side of the face, and one entering the victim’s back and hitting a lung.

During the hearing, Foster initially expressed confusion about the DNA testing waiver, assuming his defense attorney, Nikki Lotze, would retain the right to conduct an independent DNA test after pleading guilty.

DC Superior Court Judge Rainey Brandt explained that the waiver includes any and all DNA testing.

Judge Brandt restated the plea agreement to ensure the defendant was aware of all rights being waived. She then asked if Foster still wished to plead guilty, to which Foster replied “Yes.”

Both parties settled on a sentence of 14 years in prison. Foster will also be required to register as a gun offender.

Judge Brandt scheduled Foster to be sentenced on Oct. 29.

Judge Grants Prosecutor’s Motion to Reopen a Previous Hearing

During an Aug. 30 hearing, DC Superior Court Judge Rainey Brandt accepted the prosecution’s motion to reopen a previous hearing, which included an email from a series of emails between the victim and a detective.

On April 26, 2016, the defendant was indicted on three counts of first-degree child sexual assault of his step-daughter between 1999 and 2001. The victim was 13-years-old when the assaults began.

Defense attorney Sylvia Smith objected to the inclusion of the email since it had not been introduced earlier.

She also called for the suppression of illegal recordings obtained without the defendant’s consent, including a video recording of the defendant’s interrogation at a police station. She said several detectives were harassing the defendant, cursing at him, and calling him names such as “pedophile.”

Smith also said the defendant’s Miranda rights were violated.

During the previous hearing, two of the three emails in the series were thrown out due to their irrelevance of the case.

Judge Brandt said she plans to give a ruling on the admissibility of the prosecution’s evidence by the end of the week. The next hearing is scheduled for Sept. 29.

Judge Ends Weekend Home Confinement for Homicide Defendant

DC Superior Court Judge Rainey Brandt modified the release conditions for a homicide defendant during an Aug. 30 hearing.

On Jan. 19, 2021, Metropolitan Police Department officers responded to reports of gunshots on the 3700 block of Hayes Street, NE. Two men were found shot in a parking lot. Upon arrival, officers found Tyrone Wright, 32, unconscious and suffering from multiple gunshot wounds to the head, body, and legs. The second victim was transported to a local hospital and recovered from his injuries.

Ronald Wallace, 49, was arrested and charged with first-degree murder on Feb. 25. According to court documents, Wright allegedly robbed Wallace’s brother.

During the Aug. 30 hearing, Wallace’s defense attorney, Michael Bruckheim, moved to have Wallace’s weekend home confinement waived on Sept. 3 , so he could attend the funeral of a woman Bruckheim said was “basically like a second mother for Mr. Wallace.”

A pretrial service officer reported that Wallace has been in complete compliance with release conditions.

The prosecutor did not oppose the motion.

Citing Russell’s “glowing report,” Judge Brandt granted the waiver, and in response to a second defense motion to waive all conditions of release, ended home confinement but kept the curfew in place for weekends as well as weekdays.

“Mr. Wallace, I’m sure, can understand that he’s one of the lucky ones,” Judge Brandt said.

Bruckheim stood by his request for the curfew to be removed, noting again Wallace’s full compliance throughout the process.

“It’s called baby steps, Mr. Bruckheim,” said Judge Brandt. She denied the second motion as well.

Wallace is scheduled to return to court for a felony status conference scheduled for Sept. 16.

Judge Sets Trial Date for Murder Case

D.C. Superior Court Judge Maribeth Raffinan set a trial date for a 2020 murder case.

Darnell Sterling, 57, was arrested and charged with second-degree murder and contempt for allegedly murdering his girlfriend Olga Ooro, 34, on July 17, 2020, on the 300 block of Massachusetts Avenue,
NW.

The victim’s body was never recovered; however, Sterling was the last person seen with Ooro before her sudden disappearance.

Court documents revealed Sterling’s criminal history, which involved domestic violence against Ooro, citing several stay-away orders as well as an incident in which he physically assaulted her.

The trial is scheduled to begin on Sept. 13 and is expected to run for two-and-a-half weeks.

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