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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. 

Defendant Accepts Guilty Plea Deal for Voluntary Manslaughter in Baby Mother’s Death

During a Sept. 8 hearing, a homicide defendant pleaded guilty to one count of voluntary manslaughter and carrying a dangerous weapon outside a home. 

Carl Jones, 45, was initially charged with second-degree murder while armed in connection to the stabbing murder of 39-year-old Ladonia Boggs on April 27 at 2311 15th Street, NE. 

According to the proffer of facts, Jones and the victim had an argument about their deceased child. Jones said he believed Boggs had a part in the child’s death. 

During this argument, Jones brandished a knife and stabbed the victim in the abdomen and right calf. After stabbing the victim, he called 911 on the victim’s phone and then left the scene with the phone.

DC Superior Court Judge Milton Lee scheduled Jones to be sentenced on Dec. 9. 

Prosecution Focuses on Inconsistencies in Defendant’s Statements During Closing Arguments

During the closing arguments on Sept. 7, a prosecutor emphasized the inconsistencies in a sex abuse defendant’s story, including the conversations with detectives to the story he told on the stand during the trial.

A 31-year-old defendant is charged with first-degree burglary and second-degree sexual abuse — incompetent, including a lesser charge of fourth-degree sex abuse. The defendant is accused of entering a residence and engaging in sexual acts while the victim was asleep. This incident occurred on Jan. 23 in an apartment on the 900 block of Florida Avenue, NW.

The defendant said he gave the victim his number to message him about cannabis. He said the two had been flirting with each other earlier that night.

But the prosecution said there was no evidence of text messages or contact information found on either phone. 

The prosecution also presented footage of the defendant touching himself in the lobby of the building inappropriately that night. The prosecution said the defendant’s DNA was found on the victim’s thigh.

Male DNA was found on the outside of the victim’s vagina, according to the prosecutor.

Defense attorney Dennis Boyle argued that the testimonial given by the phone expert was not credible. The defense told jurors that phone data showed evidence of text messages. 

Boyle also told jurors that a “rational person” would call the police or fight against the defendant. He challenged the credibility of the victim and witness.

However, the prosecution explained that the victim and witness were intoxicated, so the victim did not wake up when the defendant began to make sexual contact.

After parties completed their closing arguments, D.C. Superior Court Judge Maribeth Raffinan gave the jury instructions on the deliberation process. 

The jury began deliberating on Sept. 8. 

Judge Denies Release of Homicide Defendant

DC Superior Court Judge Milton Lee denied releasing a 43-year-old homicide defendant. 

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 June 22, 2019. 

Judge Lee denied defense attorney Pierce Suen’s request to release Toney citing his criminal record. 

During the Sept. 8 hearing, the defendant also waived his right to additional DNA testing.

According to a court document, the murder allegedly resulted from playful banter between Toney and Grant. The two were heard arguing weeks before the incident.

Toney is set to return back to court on Jan. 6 for a trial readiness hearing. The trial is set to begin on Jan. 18. 

Stabbing Was In Self Defense, Homicide Defendant Says

During a Sept. 8 hearing, a murder defendant pleaded not guilty to second-degree murder on the basis of self-defense.

Rodney Lindsay, 55, is charged with second-degree murder while armed after stabbing 53-year-old Terrance Gause on Aug. 14, 2021, on the 700 block of Adrian Street, SE. According to court documents, Gause was the aggressor and intoxicated at the time of the incident. Lindsay stabbed the victim seven times in the right shoulder, hip abdomen and back. Lindsay turned himself in to authorities.

During the hearing, Lindsay’s defense attorney, Ronald Resetarits, pleaded not guilty on Lindsay’s behalf. He said the incident occurred out of self-defense.

Lindsay was released on Sept. 15, 2021. He has remained in compliance with his High Intensity Supervision Program conditions.

Counsel is currently discussing plea negotiations and D.C. Superior Court Judge Maribeth Raffinan granted a 60-day continuance in the case.

Judge Raffinan scheduled a status hearing for Nov. 18.

Judge Sentences Domestic Violence Defendant to 20.5 Years in Homicide Case 

On Sept. 7, DC Superior Court Judge Robert Okun sentenced a homicide defendant to 20.5 years in prison for second-degree murder and for carrying a dangerous weapon outside of a home or business.

Gregory Johnson, 31, pleaded guilty to second-degree murder on June 29 in connection to the shooting of 32-year-old Passion Pleasant on the side of Southbound 295 near East Capitol Street on Feb. 5. Metropolitan Police Department officers found the victim on the side of the road suffering from apparent gunshot wounds, according to a press release. Pleasant and Johnson were in a romantic relationship.

Along with the second-degree murder charge was an assault against the mother of his child, and a misdemeanor for possession of a pistol without a permit. 

“Gregory, you took my youngest and I want to hate you, but I know there’s good in you,” Pleasant’s mother said. 

The impact statement given by Pleasant’s son reflected on past abuse his mother endured from Johnson.

“Greg, do you remember the one promise you made to me? You promised you would never put your hands on my mom again,” the victim’s son said.

When Johnson’s family was called to give their statements, members of both families hugged. 

Johnson apologized directly to Pleasant’s family and to the mother of his child. 

Along with the 20.5-year prison sentence, Johnson will also serve five years on supervised release.

When released, Johnson must register as a gun offender, receive mental health and anger management treatment, and obey a stay away order from the mother of his child. Johnson is also required to attend a domestic violence intervention program.

As Trial Begins for Homicide Case, Judge Dismisses Juror  

Shortly after a homicide trial began on Sept. 7, a juror informed DC Superior Court Judge Rainey Brandt that she and the defendant were distantly related. Since the relation created a conflict of interest, the juror was dismissed.

Edward Brown, 61, is charged with the robbery of a senior citizen while armed, as well as two counts of first-degree murder in connection to the murder of  71-year-old Michael Mahoney on Feb. 5, 2018 at the Garfield Terrace Apartments located on the 2300 block of 11th Street, NW.

Supervisors at Mahoney’s senior living facility found him dead in his apartment, lying in a large pool of dried blood. His radio was playing music at full volume, according to court documents. 

During opening arguments, the prosecution emphasized how much Mahoney valued his home and his friends, including Brown.

The prosecutor said Mahoney and Brown had a private conflict, which culminated in Brown fatally stabbing Mahoney several times and stealing $600 in social security money, which Mahoney had withdrawn earlier that day. 

As part of the prosecution’s argument, counsel introduced several pieces of evidence, such as surveillance footage showing Brown entering and exiting the apartment complex two days before Mahoney was found dead and after the victim was last seen.

Parts of the outfit Brown was wearing in the footage later tested positive for blood in a forensic examination, said the prosecutor. 

 The prosecution also called in four witnesses Wednesday to testify. The first, an officer who had been called to the scene, recalled that he initially presumed Mahoney’s death to be of natural causes.

He explained that every previous death he had encountered at Garfield Terrace was of the same sort. The officer then admitted to emptying the contents of Mahoney’s wallet in order to identify him and help out the detective.

“I never thought this would be a criminal homicide case,” said the officer.

Defense Attorney Gemma Stevens said Brown should not be found guilty of the armed robbery nor the murder of Mahoney, discounting the prosecution’s use of surveillance footage. None of it distinctly showed Brown approaching or leaving Mahoney’s apartment, she said. 

Stevens added that no one actually witnessed Brown holding a knife. She added that there were opportunities for several other house guests to have tampered with Brown’s clothing prior to it being tested for forensic evidence.

Mahoney’s two daughters were called to testify. Each described Mahoney as a generous, fun-loving, and devoted father who always kept his apartment neat and organized. Neither reported Mahoney ever asking them for money, nor expressing financial concerns. 

A maintenance supervisor at Garfield Terrace recounted the day he first discovered Mahoney lying dead on the floor of his apartment.

Having felt concern for Mahoney’s well-being after receiving no response to his multiple knocks on the victim’s door, the supervisor said he used a copy of Mahoney’s keys to enter his apartment. In order to enter, he said he recalled needing to turn the key twice, which indicated that the door was unlocked.

During the cross-examination, the supervisor told defense attorney Kevin Mosley that he had not received any noise complaints from Mahoney’s apartment during the days surrounding his death. He also admitted he didn’t know whether any of the complex’s cameras were working that day.

The supervisor reported a history of safety concerns within the building, saying many strangers used alternate entrances to evade security to enter the building. The supervisor explained that the strangers would “take advantage” of the tenants by selling them drugs. 

 The jury was shown several photographs of bloodstains on the carpet and walls of Mahoney’s apartment. Photos of the victim’s bedroom, showed a room in disarray with Mahoney’s papers, money and cards scattered all over his bed.

Judge Brandt scheduled the trial to resume on Sept. 9. 

View more stories about this case, here.