Defendant Charged With Assault With A Firearm Rejects Plea Offer Again

During a Dec. 6 hearing, a prosecutor offered a global plea offer for the defendant again after giving an extension on March 10.

Emerson Morales, 19, is charged with 10 counts of assault with the intent to kill while armed, criminal street gang affiliation, felony or violent misdemeanor while armed, carrying a pistol without a license outside his home or place of business, and possession of a firearm during a crime of violence in connection to the non-fatal shooting of a bike rider on the 5700 block of 14th Street, NW.

According to court documents, the victim was traveling on his bike northbound on the 5700 block of 14th Street, NW when a four-door dark-colored sedan pulled up beside him and fired three shots from the passenger side of the car, hitting him in the right knee.

The prosecutor offered the plea of one count of attempted murder, one count of carrying a firearm without a license, and one count of possession of a firearm during a crime of violence on the record.

Morales rejected the plea offer again.

Defense attorney Rachel McCoy asserted Morales’s 6th amendment right and requested to proceed with a trial.

The trial is expected to begin in August 2024.

The next hearing is scheduled for April 26.

Parties Discuss Stolen Vehicle in Homicide Trial

On Dec. 7, parties discussed with witnesses the timeline of a stolen vehicle in a homicide trial.

Jermaine Harris, 21, is charged with first-degree murder while armed in connection to the death of 38-year-old Lamar Walters, on the 2400 block of Franklin Street, NE, on Jan. 6, 2020.

The witness explained his 2018 Toyota Camry was stolen from his driveway on the morning of Dec. 19, 2019.

Prosecutors displayed images of the vehicle to ask him if the damages were there before it was stolen. The witness said the damage was not present when it was in his possession.

Defense attorney, Erin Luibrand, questioned the witness on whether he knew about the murder. The witness ssaid he did not know Walters or Harris.

On Jan. 6, 2020, a detective described surveillance footage capturing the stolen vehicle in an apartment parking lot.

Prosecutors showed the footage of individuals exiting and entering the vehicle to jurors. Surveillance also captured two individuals jumping over a fence at the apartment.

Another witness towed the vehicle from the apartment complex on the morning of Jan. 7.

The witness stated the car was missing license plates, so he reported it to the Prince George County Police Department.

DC Superior Court Judge Rainey Brandt scheduled the trial to continue on Dec. 8.

Judge Presides Over Hearing to Prepare for Trial

DC Superior Court Judge Milton Lee held a status hearing for a homicide defendant as he prepares for a trial readiness hearing hat is scheduled for Jan. 6.

Keith Toney is charged with first-degree shooting while armed, unlawful possession of a firearm, two counts of possession of a firearm during a crime of violence, and assault with intent to kill while armed for allegedly shooting 45-year-old Melton Grant on the 600 block of Morton Street, NW on June 22, 2019.

The defense attorney exclaimed that evidence such as phone recordings and doctors will be present for trial.

The trial is slated to begin Jan. 18. The defendant is being held without bail.

Judge Grants Motion to Compel Discovery Evidence in Murder Case

During a Dec. 7 status hearing for a homicide case, DC Superior Court Judge Milton Lee granted defense’s motion to compel evidence.

Tony S. Aiken, 48, is charged with second-degree murder while armed for allegedly shooting Kendra Smith, 23, on the 4300 block of D Street, SE on Sept. 6, 2004.

Defense attorney Jason Tulley filed a motion to compel evidence, stating that the prosecution failed to share necessary reports and documents with the defense.

Specifically, Tulley contacted the Blue Plains Auto Impound Lot requesting paperwork about the vehicle where the victim was shot. However, the impound lot denied his request.

“Everything I receive, the defense will receive,” clarified the prosecution.

The defense also requested the victim’s diary and notes from Metropolitan Police Department (MPD) detective interviews.

Additionally, the defense filed a motion to dismiss the case, saying the prosecutor’s delay was a violation of due process.

Defense attorney Hannah Mcelhinny argued that they do not need to present a MPD detective as an expert witness, since his notes reflect his entire understanding of the case.

But, Mcelhinny renounced her argument, agreeing the detective should testify.

Judge Lee set the next status hearing for Jan. 6, 2023.

Document: Homocide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Dec. 5, on the 3200 block of E Street, SE.

According to a press release, at about 10:17 am, officers located 37-year-old Dana Bailey suffering from an apparent gunshot wound.

He was pronounced dead at a local hospital.

Document: Arrest Made in a Homicide

Metropolitan Police Department detectives made an arrest in a homicide that occurred on May 30, on the 1700 block of Rhode Island Avenue, NW.

According to a press release, at about 4:30 am, officers located 29-year-old Christian Gabriel Monje suffering from an apparent gunshot wound.

On June 16, he succumbed to his injuries and was pronounced dead.

On Dec. 6, 28-year-old James Carl Jackson was arrested and charged with first-degree murder while armed – felony murder.

Parties Begin Homicide Trial With Detailed Opening Statements

On Dec. 5, attorneys made their opening statements after DC Superior Court Judge Rainey Brandt swore in 16 jurors for a homicide trial.

Jermaine Harris, 21, is charged with first-degree murder while armed in connection to the fatal shooting of 38-year-old Lamar Walters on the 2400 block of Franklin Street, NE on Jan. 6, 2020.

According to court documents, a member of the Metropolitan Police Department (MPD) responded to the 2400 block of Franklin Street where an adult male was located. The victim was unconscious and not breathing, suffering from apparent gunshot wounds to the body.

Walters was transferred to the Washington Hospital Center where he was later pronounced dead. Two other victims that suffered non-fatal wounds to the body were later identified at the hospital by members of MPD.

Walters autopsy report concluded that he suffered from four gunshot wounds in which two of the bullets were recovered from inside of his body and the other passed through his body.

“Lamar Walters heard more than 70 gunshots as he ran for his life across the street,” the prosecutor said. “He fell to the ground and had to drag himself out of the street to keep from getting hit by the suspects who fled the scene.”

The prosecutor continued, “Harris and three of his friends fired over 70 shots at a Bodega (grocery store). Harris and his friends are from the Landon Park neighborhood and they have ongoing ‘beef’ with the Saratoga neighborhood.”

The prosecutor told the jury that Harris caused Walters death, saying the victim’s father arrived on the scene and watched his son die. “Because of that, he suffers from mental health issues,” the prosecutor said.

According to the prosecution’s theory, the defendant and other suspects drove a white Toyota Camry. The car was linked to several different videos and there were several sets of fingerprints connected.

“A 9-millimeter shell casing was found in the car under the drivers seat that was matched with the casings found on the scene. A laser attachment was also found and a possible DNA sample of Harris on the battery inside of it,” the prosecutor said.

There were no eyewitnesses to the crime.

According to the prosecutor the Toyota Camry the suspects used was towed on Jan. 7 because it had an invalid parking permit and the car was stolen from Maryland.

According to the prosecutor, Harris’ Instagram account indicated that he was at another suspect’s house, loathed in the apartment complex where the car was found.

“We will be calling sergeant from the Metropolitan Police Department who looked over the surveillance from the neighborhood and identified Harris from his walk, hair, and his height,” the prosecutor said.

Defense attorney Jonathan Zucker said the case lacked any evidence.

“I do not fear the prosecutor’s evidence, and it shall lead to my client’s acquittal at the end of the trial. The only thing that I do fear may offend you, but it’s the prejudice in this trial.” Zucker said.

He urged the jury to make clear minded, unbiased decision.

“I believe a man hears what he wants to hear and you should know my colleagues have no witnesses, film, video, or ballistics to prove anything other than a shooting occurred and Walters unfortunately lost his life. Zucker said.

Zucker told the jury that the prosecution would show photos of Harris posing as a gangster with a lot of money and a gun, but those photos of him were never taken at the time of the scene, Zucker said.

“It is impossible someone could have gotten into that car before the shooting,” Zucker said. “There were three people seen in the neighborhood surveillance getting into the white Toyota Camry 45 minutes before the shooting. The prosecutors identified there were four shooters so they had to stop somewhere to retrieve the fourth shooter.”

The prosecution’s first witness, a sergeant for the MPD was called to the scene on Jan. 6.

The officer then assisted with securing the rest of the area. Identifying the evidence on the scene and in the surrounding area.

In a video, Walters is seen, along with the two living victims, standing in front of the Bodega and ducking and running away. The video also displayed Walters falling to the ground then scooting himself out of the street.

The video captured smoke and shadows coming from the side of the Bodega and Walters collapsing.

During cross examination, Zucker got the sergeant to confirm that police were unable to identify anyone as a shooter.

Zucker questioned another the detective about another white Camry entering the street where the suspects Camry was allegedly parked. Zucker wanted to know if they followed up with the car.

The sergeant said police never did.

Walters father identified his son as “a loving child.”

“He was my heart and my soul.,” the victim’s father said. “We did a lot together like monster truck and air shows, picnics… everything.”

Zucker crossed examined and asked questioned about the photo his father displayed of Walters and asked did he have a more recent photo of him. The answer was no.

Zucker also asked if he knew why Walters was at the store that day? The father said he didn’t know why.

The girlfriend and mother of one of the other victim’s children.

The witness said she was in the car when the shooting occurred, and she didn’t know it happened because she was on the phone making a doctor’s appointment because she was pregnant at the time.

The prosecutor asked her what happened after the shooting. She said she drove both of the shot victims to the hospital because they knew each other but she didn’t know the other shot the victim.

When asked if she spoke with the MPD, the witness preceded to plead the fifth.

“It’s a straightforward question, and I would ask you to answer it,” Judge Brandt said. The witness indicated she did speak with MPD.

The fourth witness was brought in. She is a forensic technician who works for the Department of Forensic Science.

She identified all of the bullet casing on the crime scene before Judge Brandt concluded court for the day.

The trial is scheduled to resume on Dec. 6.

Parties Begin Homicide Trial With Detailed Opening Statements and Evidence for Jury

On Dec. 5, attorneys made their opening statements after DC Superior Court Judge Rainey Brandt swore in 16 jurors for a homicide trial.

Jermaine Harris, 21, is charged with first-degree murder while armed in connection to the fatal shooting of 38-year-old Lamar Walters on the 2400 block of Franklin Street, NE on Jan. 6, 2020. According to court documents, a member of the Metropolitan Police Department (MPD) responded to the 2400 block of Franklin Street where an adult male was located. The victim was unconscious and not breathing, suffering from apparent gunshot wounds to the body.

“Lamar Walters heard more than 70 gunshots as he ran for his life across the street,” the prosecutor said. “He fell to the ground and had to drag himself out of the street to keep from getting hit by the suspects who fled the scene.”

Walters was transferred to the Washington Hospital Center where he was later pronounced dead. Two other victims who suffered non-fatal wounds to the body were later identified at the hospital by members of MPD.

Walters’s autopsy report concluded that he suffered from four gunshot wounds in which two bullets were recovered from inside his body, another passed through his body.

“Harris and three of his friends fired over 70 shots at a bodega (grocery store),” the prosecutor said. “Harris and his friends are from the Landon Park neighborhood and they have ongoing ‘beef’ with the Saratoga neighborhood.”

The prosecutor told the jury that Harris caused Walters’s death. He said the victim’s father arrived on the scene and watched his son die. “Because of that, he suffers from mental health issues,” the prosecutor said.

According to the prosecution’s theory, the defendant and other suspects drove a white Toyota Camry. The car was linked to several sets of fingerprints, including Harris’ prints.

“A 9-millimeter shell casing was found in the car under the driver’s seat that was matched with the casings found on the scene. A laser attachment was also found and a possible DNA sample of Harris on the battery inside of it,” the prosecutor said.

There were no eyewitnesses to the crime.

According to the prosecutor, the Toyota Camry the suspects used was towed on Jan. 7 because it had an invalid parking permit and the car was stolen from Maryland.

According to the prosecutor, Harris’ Instagram account indicated that he was at another suspect’s house, located in the apartment complex where the car was found.

“We will be calling a sergeant from the Metropolitan Police Department who looked over the surveillance from the neighborhood and identified Harris from his walk, hair, and his height,” the prosecutor said.

Defense attorney Jonathan Zucker said the case lacked any evidence.

“I do not fear the prosecutor’s evidence, and it shall lead to my client’s acquittal at the end of the trial. The only thing that I do fear may offend you, but it’s the prejudice in this trial.” Zucker said.

He urged the jury to make clear-minded, unbiased decisions.

“I believe a man hears what he wants to hear and you should know my colleagues have no witnesses, film, video, or ballistics to prove anything other than a shooting occurred and Walters, unfortunately, lost his life,” Zucker said.

Zucker told the jury that the prosecution would show photos of Harris posing as a gangster with a lot of money and a gun, but those photos of him were never taken at the time of the scene, Zucker said.

“It is impossible someone could have gotten into that car before the shooting,” Zucker said. “There were three people seen, on surveillance, getting into the white Toyota Camry 45 minutes before the shooting. The prosecutors identified there were four shooters so they had to stop somewhere to retrieve the fourth shooter.”

The prosecution’s first witness, a sergeant for the MPD who was called to the scene on Jan. 6 identified the evidence on the scene and in the surrounding area.

In a video, Walters is seen, along with the two living victims, standing in front of the bodega, ducking and running away. The video also displayed Walters falling to the ground and then scooting himself out of the street.

The video captured smoke and shadows coming from the side of the bodega and Walters collapsing.

During cross-examination, Zucker got the sergeant to confirm that police were unable to identify anyone as a shooter.

Zucker questioned another detective about another white Camry entering the street where the suspect’s Camry was allegedly parked. Zucker wanted to know if they followed up with the car.

The sergeant said the police never did.

“He was my heart and my soul.,” the victim’s father said. “We did a lot together like a monster truck and air shows, picnics… everything.”

Zucker crossed examined and asked questions about the photo his father displayed of Walters and asked if he had a more recent photo of him. The answer was no.

Zucker also asked if he knew why Walters was at the store that day. The father said he didn’t know why.

The girlfriend and mother of one of the other victim’s children.

The witness said she was in the car when the shooting occurred, and she didn’t know it happened because she was on the phone making a doctor’s appointment because she was pregnant at the time.

The prosecutor asked her what happened after the shooting. She said she drove both of the victims to the hospital because they knew each other, but she didn’t know the other victim.

When asked if she spoke with the MPD, the witness preceded to plead the fifth.

“It’s a straightforward question, and I would ask you to answer it,” Judge Brandt said. The witness indicated she did speak with MPD.

A forensic technician who works for the Department of Forensic Science identified all of the bullet casings on the crime scene before Judge Brandt concluded court for the day.

The trial is scheduled to resume on Dec. 6.

Document: Arrest Made in an Assult with Intent to Commit First-Degree Sex Abuse

Metropolitan Police Department detectives made an arrest in a first-degree sexual abuse that occurred on Dec. 4, on the 4400 block of Wisconsin Avenue, NW.

According to a press release, at about 12:30 pm, the suspect assaulted the victim in an attempt to engage in a forced sex act.

Later that evening, 39-year-old Willie Logan was arrested and charged with assault with intent to commit first-degree sexual abuse.

Judge Release Defendant Accused of Assault

A defendant accused of committing sexual assault was released by DC Superior Court Judge John Campbell on Dec. 2. He also lifted a stay-away order from the victim.

The defendant is charged with assault with intent to commit first-degree sexual abuse in connection to a domestic violence incident that was allegedly perpetrated this year.

During the proceeding, the prosecution requested that the defendant be released on personal recognizance and that a stay-away order from the victim be revoked.

Defense attorney, Aubrey Dillon, concurred with the prosecution, adding that the victim reportedly declined to respond to detectives investigating the crime.

Judge Campbell granted the defendant’s release and lifted the stay-away order.

Parties are expected to return to court on Dec. 7 under DC Superior Court Judge Robert Okun to further address matters.

Document: 20-Year-Old Killed in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Dec. 4, on the 4200 block of 4th Street, SE.

At about 10:40 pm, officers located 20-year-old Marjai Wimpish inside a residence, suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Defense Argues Against Unlawful Recordings

During a Nov. 21 hearing, defense attorney Sylvia Roberta J. Smith filed a motion for the court to reconsider its ruling.

A65-year-old defendant is charged with three counts of first-degree child sex abuse.

Smith argued that there is a recording that should not be allowed to be used because it was obtained without the defendant’s consent. She proceeded to explain that the recordings are unlawful because they were made in Maryland, and you cannot record without permission of both parties in Maryland.

She stated that only in DC you would need the consent of one of the individuals and neither of them were present in DC at the time.

The prosecutor argued that a person can record as long as it is not for a criminal act.

He said the victim just wanted a recording of the defendant admitting to what he had done to her over the years. It’s not unlawful in DC what two people do in Maryland, the prosecutor said.

Smith continued to explain the DC law, stating she was “going in circles”in her debate with the prosecution about how the recording should be inadmissible.

DC Superior Court Judge Rainey Brandt said she will rule on the admissibility of the recording before Christmas.

The next hearing is scheduled for Jan. 20, 2023.

Document: Homicide in Southest

Metropolitan Police Department detectives are investigating a homicide that occurred on Dec. 2, on the 1700 block of W Street, SE.

According to a press release at about 8:20 pm, officers located 30-year-old Fajr Vellejos inside of a vehicle, suffering from an apparent gunshot wound. She was pronounced dead at the scene.

Judge Prepares Jury for Deliberations In Homicide Case Involving 17-Year-Old Girl

On Nov. 30, the defense attorneys and prosecutors argued before the jury during a trial as they presented their closing arguments for a homicide that resulted in the murder of a 17-year-old girl.

On Aug. 10, 2017, at around 3:30 p.m., Robert Moses, 23, and James Mayfield, 22 approached the intersection of Montana and Saratoga Avenues, NE while armed with .40 and .45 caliber handguns. Collectively, the defendants fired over ten rounds at people standing on Saratoga Avenue. One of these bullets struck 17-year-old Jamahri Sydnor in the head as she was driving, killing her. Three other bystanders were struck by the bullets.

Moses was arrested on Oct. 16, 2017. He is charged with 13 counts, including first-degree murder while armed, assault with the intent to kill while armed, and aggravated assault while armed on Oct. 26, 2017.

Mayfield was arrested on Dec. 27, 2017. He is charged with 25 counts, including first-degree murder, assault with the intent to kill while armed, possession of a firearm during a crime of violence, threat to kidnap or injure a person, robbery while armed, assault with a dangerous weapon, possession of an unregistered firearm, carrying a pistol without a license, and attempt to commit robbery while armed.

Phillip McDaniel, 26, an accomplice who was arrested and charged in 2017 for his involvement in Sydnor’s murder, signed a plea deal to lessen his sentence to second-degree murder. This deal included his agreement to testify against Moses and Mayfield.

The prosecutor requested, at the start of court on Wednesday, for Webex to be open for Sydnor family members in other states to view the final verdict.

DC Superior Court Judge Maribeth Raffinan said she will consult with other judges that have previously done it before granting the request.

“The prosecutors have not met the burden of proving my client James Mayfield guilty beyond a reasonable doubt,” defense attorney Veronice Holt began during her closing argument. “They have no evidence other than McDaniels testimony which has been filled with lies. McDaniel is a sociopath and a user.”

Holt began to display some exhibits.

“The prosecutors have granted both of McDaniels babies mama’s $110,000 in total for witness protection, and they claimed to see my client James Mayfield but both exhibits displayed previously have no Mayfield in sight.”

According to Holt another witness who was in the car at the time of McDaniel’s arrest fits the description of the assailant also. He was described as “ skinny as shit” by the live victims.

“All the prosecution could provide in this case are conformational biases,” Holt said.

“Street cameras have not been accounted for in identifying my client entering or exiting the gold honda that led to McDaniel’s arrest,” Holt said.

“As far as it concerns my client. They don’t give a damn about him,” Holt said.

The prosecutor began her redirect about McDaniel and his family stating, “McDaniel had a lot to lose, he had the mother of his children and his kids two who were staying with Robert Moses, and his mom goes homeless as a result of him becoming a government witness.”

According to the prosecutor, she said, “For him to blame these two defendants out of all of the others. Why would he do such a thing if he saw them as a family?”

“The .45 caliber that killed Sydnor that the defense attorneys mentioned in yesterday’s hearing were destroyed by the Federal Bureau of Alcohol, Tobacco, and Firearms after a year. If you were wondering, the government holds murder weapons in custody for sixty-five years.”

The prosecutor also mentioned that the .45 caliber was also found six months after the shooting in McDaniels possession. The gun wasn’t tested because too much time went by and the gun would have been contaminated.

She then presented a photo of Moses and another witness showing their middle fingers a month after the shooting in the Saratoga neighborhood taunting them.

According to the prosecutor, the photo was posted by Mayfield.

Judge Raffinan debriefed the jury regarding the end of the trial and indicated she wanted them to continue following the guidelines and consider all the factors in this case.

The jury is scheduled to begin deliberations on Dec. 5.

Judge Denies Release For Homicide Defendant Again After Being Hospitalized

On Nov. 30, defense attorneys Anthony Matthews and Rachel Cicurel submitted another oral motion for the release of a homicide defendant after he got hospitalized for the second time after suffering from seven stab wounds with one puncturing his lung during his detainment at the DC Jail.

Jordan Jones, 22, is charged with first-degree murder while armed in connection to Oct. 11, 2021, shooting of 18-year-old Noel Prince Nicol on the 2000 block of Savannah Place, SE.

According to court documents, the Metropolitan Police Department (MPD) officers found Nicol slumped over in the driver seat of his blue Chevrolet Malibu three days after his murder on Oct. 14, 2021. An autopsy confirmed Nicol suffered from two gunshot wounds to the right temple of his head.

Since his arrest on May 12, Jones has been the victim of several violent attacks at the DC Jail, Matthews said.

Matthew confirmed that Jones has suffered four separate attacks resulting in cracked teeth, three separate stabbings, and two hospitalizations starting on May 18, then July 27, and about a week before Nov. 30.

Matthew mentioned that he has received the documents from the hospital. One of the stabbings resulted in criminal charges against the perpetrator.

“This is a matter of life and death,” Matthew said. “The options we were given due to the different circumstances of him being hospitalized are ridiculous.”

The alternative option of solitary confinement is still being offered and it would “destroy his mental health and make him paranoid.” Matthew said.

Jones was denied by the Department of Corrections to transfer to the Correctional Treatment Facility again.

DC Superior Court Judge Maribeth Raffinan told Matthews to file a motion with his medical record and she will contact the chamber to figure out how she will move forward.

Jones will remain in the DC Jail until Matthews provides more sufficient evidence for his movement from solitary confinement to the Correctional Treatment Facility.

Search