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Defense Says Evidence Compromised in Homicide Case

During an Aug. 25 motion hearing, the defense attorney asserted that the defendant’s car had evidence that was not preserved.

On Sept. 5, 2020, officers from the Metropolitan Police Department were summoned for reports of 45-year-old David Farewell being struck by a vehicle while riding his bicycle on the 2100 block of Young Street, SE.  

Eric Beasley, 32, was arrested and charged with first-degree murder. The vehicle was registered to Beasley’s partner. 

According to defense attorney Madalyn Harvey, Beasley’s vehicle was seized in September of 2020 for testing. She states that the vehicle was missing its exhaust pipe when turned over by the prosecution. As the exhaust pipe would be essential to both sides’ arguments, the defense insisted that it be recovered and provided to them.

Harvey said she intended to call two witnesses in pre-trial hearings, one witness is a supervisor with the MPD to discuss the vehicle in question and the procedure for evidence collection. 

The prosecution argued that the only evidence relevant is the view of the car from the front, and since Farewell was hit head-on, the prosecutor said the exhaust pipe was immaterial, having only come in contact with Farewell’s bike.

“The bike being dragged didn’t kill the decedent,” the prosecutor said. “That’s why I question the materiality.”

Harvey disagreed with this analysis, saying that the entire exhaust system, including the muffler and the pipes to the engine, was removed but would have been pertinent given Farewell ended up underneath the car and was not killed on impact but died later.

DC Superior Court Judge Maribeth Raffinan eventually permitted the prosecution to call a supervisor at the MPD’s impound lot. Two images of the suspected car, one of which the witness identified as the car with its exhaust pipe fitted on top, were shown by the prosecution.   

The MPD supervisor said, “a lot of these cars come in unrecognizable,” and the lot would take any parts that had fallen off or were touching the ground and put them inside the car or on top to prevent toxic runoff into the Potomac.

Harvey then cross-examined the witness, who clarified that he had not received any formal training in the proper procedure for preserving evidence. He also testified that although there was a requirement to put identification tags on all pieces that had detached from their cars and log those tags, he had not logged the exhaust system of the suspected vehicle, which accounted for it going missing. 

The parties are scheduled to reconvene on Aug. 26.

Document: Homicide in Northwest

Metropolitan Police Department detectives are investigating a homicide that occurred on Aug. 25, on the 800 block of 7th Street, NW.

At approximately 8:16 p.m., MPD officers located 21-year-old Juwaan Henry suffering from apparent gunshot wounds. He was pronounced dead at a local hospital.

Document: Arrest Made in Homicide

Metropolitan Police Department detectives made an arrest in a homicide that occurred on Aug. 14, on the 3900 block of 4th Street, SE.

At approximately 9:45 p.m., officers located 41-year-old Cynthia Stewart suffering from apparent stab wounds inside of a residence. She was pronounced dead at the scene.

On Aug. 25, 45-year-old Alexis Hawkins was arrested and charged with second degree murder while armed.

Defendant Pleads Guilty to Child Sex Abuse

During an Aug. 25 hearing, a 31-year-old sex abuse defendant pleaded guilty to first-degree child sex abuse. 

On the evening of Feb. 27, Dennis Morton arrived at his girlfriend’s residence at the 900 block of Kennedy Street, NW. While lying on his girlfriend’s bed with his child and his niece, Morton began inappropriately touching his niece, court documents state. After his girlfriend fell asleep, Morton took the victim to his daughter’s room and proceeded to sexually assault her. 

Morton was picked up for an unrelated charge, but after custodial review, he was charged with first-degree child sex abuse for the offense on Feb. 27. 

Morton accepted an Alford Plea in which he asserted his innocence but, given the evidence presented by the prosecution, understood that he would likely be found guilty by a judge or a jury beyond reasonable doubt if he were to go to trial.

Both parties settled on a sentence of 12 years in prison. Morton will also have to register as a sex offender.

“I don’t know. I guess. Whatever was going on with my niece I did it. I didn’t have knowledge of it at the time,” he said, explaining that he was under the influence of drugs at the time.

DC Superior Court Judge Maribeth Raffinan scheduled the sentencing date for Nov. 4.

Prosecution Voices Concerns After Judge Grants Insanity Evaluation

At defense attorney Roderick Thompson’s request, DC Superior Court Judge Maribeth Raffinan, granted permission for a new insanity evaluation. 

Seth Andrews, 35, was initially charged with first-degree murder in the death of his mother, 67-year-old Hazel Evans, on the unit block of 35th Street, SE on July 16, 2020.

The prosecution voiced concerns of putting the trial in jeopardy with this notion of an insanity evaluation. Judge Raffinan scheduled the deadline of the evaluation for Nov. 4. Andrews’ trial is scheduled for March 6, 2023.

During the Aug. 25 hearing, Thompson said there was an issue with the prosecution’s DNA testing and that the defense would be conducting their own testing which should be back by the first week of November.

D.C. Witness previously reported that an autopsy revealed that the victim’s injuries were consistent with strangulation. 

During the preliminary hearing, the prosecution played a portion of the 911 call the defendant made on the day of the homicide.

“It’s my fault mommy, I’m sorry I didn’t want to kill you mommy, I’m sorry,” the defendant said during the call. 

They also played a video clip of Andrews waiting in the police station. “I killed my mother,” he is heard saying. “I’m going to hell.” 

A Metropolitan Police Department (MPD) detective on the case testified that blood found at the crime scene was likely a match for Andrews’ DNA. The detective said this blood may have come from a large cut Andrews had on his wrist from one of two separate assaults he had been accused of committing the day before the murder.

The assault cases have been dismissed. 

Judge Raffinan scheduled the next hearing for Sept. 15 to discuss new issues.  Counsel should submit motions and expert notices by Jan. 6, 2023.

Judge Orders Mental Observation Hearing for Sexual Assault Defendant 

DC Superior Court Judge Maribeth Raffinan ordered a mental observation screening for a sex abuse defendant. 

The defendant is charged with first-degree sexual abuse related to a kidnapping of an adult female that occurred on Dec. 26, 1998, on the 2300 block of High Street, SE. The victim was abducted at gunpoint, raped, and beaten. 

On Nov. 28, 2005, a child victim was abducted at gunpoint on the way to school, raped, and then dropped back off at school, according to court documents. 

The defendant was arrested and charged for these offenses on Aug. 5. 

According to the judge, a doctor will assess the defendant’s understanding and competency to stand trial, and the results of the evaluation would be discussed during the next hearing. 

A mental observation hearing is scheduled for Sept. 2.

Sexual Assault Cases Decrease By 5 Percent from 2021 to 2022

From 2021 to 2022, there was approximately a 5 percent decrease in the number of sexual assault cases adjudicated at the DC Superior Court between January and June.

During the first six months of 2022, the total included 21 incidents, which, even though lower than the number of cases adjudicated during the same time period in 2021, was still nearly half of the total amount of cases adjudicated in court last year.

The incidents reflected several different types of assaults, including assaults that happened in singular incidents, assaults that happened over multiple incidents with children and assaults that occurred with underage individuals.

In 2021 there were 22 single incidents, including one death, one underage relationship and three incidents that involved multiple sexual assault occurrences. 

There were five types of sexual assault cases adjudicated at the court in 2021 with single incidents being approximately 77% of all sexual assault cases, approximately 5 percent involved multiple incidents with separate victims, approximately 9 percent involved multiple incidents involving a relative, approximately 5 percent involved multiple incidents in which the assailant was in an underage relationship, and approximately 5 percent involved sexual abuse that resulted in death.

On Jan. 31, 2021, 30-year-old Brenea Franklin was found with lacerations on her neck and pronounced dead at 12:35 a.m. An autopsy report determined a knife was used and the defendant, James Lewis, was identified through surveillance footage and eyewitness statements. The defendant’s girlfriend called police on Feb. 23, 2021, to offer more information on the defendant, according to court documents. The 24-year-old defendant was indicted on 10 charges, including first-degree sexual abuse, assault with a dangerous weapon, kidnapping while armed, possession of a prohibited weapon, felony murder while armed, and felony contempt. 

Lewis is set for a status hearing on Aug. 29.

Another defendant, who was 59 years old at the time of the incident, forced his niece to have oral sex on the basement steps of her home on Jan. 12, 2021. Two days later the defendant forced her to perform oral sex again while she was watching television on Jan. 14, 2021. The older sister of the family reported the occurrence. 

Even though the victim could have been subjected to extensive childhood abuse, only two cases could be substantiated. 

On June 10, a status hearing resulted in the defendant remaining on no bond. The proceeding ended with a continuance because the defense attorney Ronald Resetartis needed more time to review the case. 

Another defendant, a 50-year-old god-uncle, was reported to have groped his 12-year-old and 14-year-old nieces between January 2021 to May 2021. 

The victims reported the assault to their parents and police were notified. 

On June 30, a felony status hearing was held for the defendant, in which he rejected a plea offer. Another hearing is scheduled in October to check the status of an indictment. 

D.C. Witness data also includes a sexual assault case that involved an underage relationship in 2021. The 35-years-old defendant is charged with sexual abuse after being in a relationship with a 13-year-old girl. 

The defendant is reported to have had a sexual relationship with the victim between Feb. 5, 2021, to Feb. 6, 2021. 

On Jan. 24, a plea offer was placed on record and the defense requested to continue the case to discuss the offer to the defendant. The defendant, who was on pretrial release, violated his probation on July 13. 

D.C. Witness data also shows that Frank Bordern Jr. pleaded guilty to attempted third-degree sex abuse and misdemeanor sex abuse for slapping multiple strangers on different areas of their bodies on Feb. 3 on the 1700 block of Q Street NW, 1600 block of Massachusetts Avenue NW, the intersection of 17th Street & P Street, and the 2400 block of 18th Street NW. The defendant is scheduled for a sentencing on Sept. 16.   

Another defendant, 23, was charged with sexually assaulting separate victims on May 1, 2021. 

According to court documents, one victim reported being driven to an alleyway and was threatened with a screwdriver and forced to perform oral sex on him. In an earlier incident on Sept. 3, 2011, the defendant held another victim at gunpoint and forced her into his car, which they drove to an alley way where the victim was forced to perform oral and vaginal sex. The defendant is charged with first-degree sex abuse.

On June 27, the defendant is reported to be in compliance with pretrial release conditions and a status hearing has been scheduled to keep courts updated on the progress of the case. A jury trial date is still pending. 

Sexual Assaults in 2021

There was a total of 43 sex abuse cases adjudicated at the D.C Superior Court for the entire year of 2021.

Among the 43 cases, there are approximately six different sex abuse incident types. Thirty-three cases were single incidents, three cases involved multiple incidents with separate victims, four cases were multiple incidents involving a relative, one case included multiple incidents in which the assailant was in an underage relationship, one case included multiple incidents between two adults who were in a relationship and one case involved sexual abuse that resulted in death.

Editor’s note: Given the nature of sex abuse incidence, the process of the events that occurred, to reporting the incident, to when the defendant is seen in the courts; the case year may differ from when the incident has occurred. A limitation is that some cases are closed to the public from the D.C superior court. Also, according to the Rape, Abuse & Incest National Network (RAINN), only 310 out of every 1000 sexual assaults are reported to police. Therefore, meaning 2 out of 3 sexual assaults go unreported (RAINN, 2021).

Judge Modifies Release Conditions for Homicide Defendant

DC Superior Court Judge Maribeth Raffinan modified the release conditions for a homicide defendant during an Aug. 24 hearing. 

Bernard Matthews, 42, is accused of shooting 22-year-old Diamonte Green on the 300 block of 33rd Street, SE. on Feb. 16, 2021. According to court documents, Green suffered eight gunshot wounds to his chest, arms, legs, neck, and head.

Matthews was arrested and charged with second-degree murder while armed and released under the High Intensity Supervision Program (HISP) with GPS monitoring. 

Defense attorney Andrew Ain said Matthews has not broken any curfew violations. He also told the judge that Matthews has been involved in community events as well as activities. 

“He has been an active member of the council,” stated a letter from a council member in Ward 8. “He participates in ward meet and greets. His visible appearance is important,” Ain read, asking Judge Raffinan to vacate the curfew. 

“I am doing everything right,” Matthews said. “I have two children. When my child is sick, I can’t see them because of the curfew. I can’t even take my child to the hospital. They are controlling my life. I didn’t even do this,” Matthews said. 

The Pretrial Service Agency (PSA) reports that Matthews missed two cell phone check-ins but that other than that he has been in compliance with the PSA conditions. 

Judge Raffinan modified Matthews’ curfew but only for employment. 

Judge Raffinan reminded Matthews that he must abide by his release conditions and get approval to stray from his scheduled curfew, even if it is for his job. She requested an additional number to contact, aside from the defendant’s case manager, in the event that the case manager is not available so Matthews can stay in contact with the PSA. According to the DC Superior Court website, a contact with the HISP program was filed on Aug. 24.

He is pending a Grand Jury. His next hearing is set for Oct. 18.

Document: Homicide in Northwest

Metropolitan Police Department detectives are investigating a homicide that occurred on Aug. 24, on the 200 block of Florida Avenue, NW.

At approximately 2:07 a.m., officers found 25-year-old Ahmad Clark and an adult woman suffering from apparent gunshot wounds. The female was transported to a local hospital and is being treated for non-life threatening injuries, according to a press release.

Clark was pronounced dead at the scene.

Document: Police Investigating Homicide in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Aug. 23, on the 2300 block of Minnesota Avenue, SE.

At approximately 9:34 p.m., MPD officers located 24-year-old Chaquan Barbett suffering from apparent gunshot wounds. He was pronounced dead at a local hospital.

Document: Arrest Made in Southeast Homicide

Metropolitan Police Department detectives made an arrest in connection to a homicide that occurred on Nov. 24, 2021, on the 2300 block of Chester Street, SE.

At approximately 12:47 p.m., officers located 1-year-old Legend Wheeler unconscious, suffering from an apparent accidental self-inflicted gunshot wound from 23-year-old JD Wheeler’s firearm, according to a press release. The victim was pronounced dead.

On Aug. 23, JD Wheeler was arrested and charged with second degree murder.

Defendant Pleads Guilty in Homicide Case

During an Aug. 23 hearing, a defendant pleaded guilty to one count of voluntary manslaughter while armed. 

On March 24, 2018, Metropolitan Police Department officers found 31-year-old Derrick Wright stabbed to death on a sidewalk in front of the 1300 block of Florida Avenue, NE. He was suffering from a stab wound to his chest and neck, according to court documents. Wright was pronounced dead at a local hospital.

On April 11, 2018, Larry Brown, 35, was arrested and initially charged with second-degree murder while armed for Wright’s murder. 

According to the proffer of facts, Brown and Wright engaged in an argument in the early morning of March 25, 2018, on the 1300 block of Florida Avenue, NE. Brown was given a sharp weapon. He stabbed the victim three times before fleeing. The victim had no weapons on him.

DC Superior Court Judge Maribeth Raffinan scheduled Brown to be sentenced on Dec. 9.

Homicide Defendants Gets Time to Discuss Plea Deal with Attorneys

DC Superior Court Judge Rainey Brandt scheduled a status hearing for mid-September to give defense attorneys time to discuss the prosecution’s plea offer with their clients. 

Rashaad Winston, 26 and Keshawn Taylor, 23 are charged with first degree murder while armed in connection to the murder of 25-year-old Tyree Brox

On Dec. 21, 2020, Metropolitan Police Department officers were dispatched to the 5000 block of Bass Place, SE. Upon arrival, officers found Brox in a vehicle suffering from a gunshot wound. 

During the Aug. 23 hearing, Winston’s defense attorney Dominique Winters said she has not been able to discuss the plea offer with her client yet. The prosecution is willing to keep the plea offer open for one to two weeks. 

Taylor’s defense attorney Elizabeth Weller said she has made a counteroffer but still needs time to dicuss the deal. 

Judge Brandt set a hearing date for Sept. 15 to discuss the plea agreement. 

Document: Wanted Suspect Sought in a Homicide

Metropolitan Police Department detectives are asking for the public’s help locating a suspect wanted on a DC Superior Court arrest warrant charging him with first-degree murder while armed.

At approximately 3:41 a.m., officers responded to the 5100 block of Call Place, SE for the report of a shooting, according to a press release. There, they found 25-year-old Aryeh Wolf suffering from apparent gunshot wounds. He was pronounced dead.

Police have identified the suspect in this homicide as 27-year-old Avery Miler, of Southeast, DC. He can be seen in photos released by the MPD.

Document: Arrest Made in Assault with Intent to Kill Offense

Metropolitan Police Department detectives made an arrest in connection to an assault with intent to kill offense that occurred on Aug. 19, on the 1200 block of Bladensburg Road at approximately 11:02 p.m.

A MPD detective witnessed 46-year-old Seymour Brown Jr. douse the victim in gasoline and threaten to set the victim on fire.

Brown Jr. was arrested and charged with assault with intent to kill.