Case Acquitted: Judge Questions Prosecutor on Lack of Indictment in 2020 Murder Case

This case was acquitted on Nov. 15, 2023.

A DC Superior Court judge questioned a prosecutor on why a murder defendant arrested in July 2020 has not yet been indicted.

During the early hours of May 24, 2020, 26-year-old Kayvon Kinney was found in a parking lot on the 1800 block of Gainesville Street, SE, suffering from multiple gunshot wounds. Approximately one-and-a-half months after his death, 26-year-old Michael Austin was arrested and charged with second-degree murder while armed. He has remained held at DC Jail ever since.

The lack of an indictment was a point of contention during the most recent hearing for this case on March 21. During those proceedings, the prosecutor asked for two more months to continue working on the case.

Judge Milton Lee was curious as to why the indictment is taking this long. The prosecutor’s office is trying to prioritize older cases for indictment. The prosecutor for this case said they are not completely finished with getting the grand jury testimony.

Defense attorney Jason Tulley pointed out that nearly two years have gone by since the defendant’s arrest. He asked for a trial date to be scheduled and said he may motion for the case’s dismissal or the defendant’s release if an indictment does not come soon.

Judge Lee immediately said a trial date will be set. The prosecutor, in response, said there is no guarantee witnesses will be available.

A jury trial date was scheduled for Nov. 13, 2023. Parties are expected to reconvene for a status hearing on May 24.

Victim Recounts Sexual Assault During Perpetrator’s Sentencing

One of two victims 20-year-old Darnell Peoples pleaded guilty to sexually abusing said she would never walk alone again during the defendant’s sentencing hearing.

Peoples admitted to sexually assaulting two women on Sept. 15 and 16, 2021, on the 1700 block of Gainesville Street, SE. He pleaded guilty to third-degree sex abuse and misdemeanor sex abuse and was sentenced on March 21.

“It has been six months since I was near my daughter’s home,” one of the victims said during the proceedings. “Before I was attacked by Mr. Peoples, I would walk my dog. I walked past a younger lady and the defendant. The younger lady told me, hello but the defendant did not. I walked across the street once the traffic cleared but I got a sense that someone was following me.”

“As I turned around, I felt a man grab my buttocks and pushed me to the ground,” she continued. “He repeatedly said to me, ‘Come on, give it up.'”

She said that for some reason, he stopped assaulting her but took her phone instead.

“I will never walk alone again,” the victim said. “It is very scary that this man will be back into the neighborhood preying on women.”

The prosecutor wanted Peoples to receive both rehabilitative treatment and prison time. He asked DC Superior Court Judge Rainey Brandt to impose a two-year sentence for the third-degree sexual abuse charge and a 180-day sentence followed by two years of probation for the misdemeanor sex abuse charge.

“[Peoples] is well above and at an active risk of committing another assault based on his criminal score,” he said.

The defendant has previously been convicted of multiple counts of misdemeanor sex abuse.

Defense attorney Jason Kalafat asked Judge Brandt to impose an 18-month sentence with six of those months suspended since Peoples has been held at DC Jail for approximately six months before the sentencing. Kalafat also asked Judge Brandt to impose the Youth Rehabilitation Act, which would allow his case to be sealed if he successfully completes his sentence.

“[Peoples’] father was murdered in 2016 and after that, he was beaten and bullied in high school, which led to him dropping out in the 11th grade,” he said.

Judge Brandt was curious as to why Peoples did not have anything to say to the courts or to the victim.

“I find it interesting that the victim was giving her statement and you showed no remorse. I gave you the opportunity to say you were sorry and that you were young and a changed man, but you chose to say nothing,” Judge Brandt said. She later denied the defense’s request to impose the YRA.

“The Youth Act should not be used to shield sex offenders. The public has the right to know plus he has failed probation twice and has had two adult cases against him,” she said.

Judge Brandt sentenced Peoples to 180 days for the misdemeanor sex abuse charge. For the third-degree sex abuse charge, she sentenced the defendant to 24 months, half of which was suspended, followed by two years of supervised probation. The prison sentences will run consecutively.

As part of his probation, Peoples must receive a mental health evaluation, a sexual assault evaluation and drug treatment. He is also required to register as a sex offender for 10 years.

Detective Details Investigation Into 2019 Homicide During Preliminary Hearing

The lead detective in a 2019 homicide investigation finished his testimony during the second day of a preliminary hearing to determine if the case has enough evidence to go to trial.

On the night of Sept. 3, 2019, two men were shot on the 900 block of Division Avenue, NE. One of them, 28-year-old Kalin Middleton, succumbed to his injuries. The other victim became stable after treatment. In December 2021, Lavelle Watts was arrested and charged with first-degree murder while armed.

The preliminary hearing spanned over two days and concluded with DC Superior Court Judge Maribeth Raffinan making a finding of probable cause.

During the second day of the proceedings on March 21, the lead detective was again sworn in to testify to his findings. Attorneys on both sides referred to the detective’s affidavit, which provided the surviving victim’s recollection of the events surrounding the shooting.

The surviving victim said he was driving on Eastern Avenue, NE, with Middleton in the passenger seat when he noticed someone following them in a green two-door Lexus. After taking several turns to confirm they were being followed, the surviving victim says he parked the vehicle and told Middleton to settle whatever dispute he has with the operator of the other vehicle, as there were indications of a conflict between the two earlier in the day. The operator of the Lexus walked up to the passenger side of the victims’ vehicle and began firing his gun without warning, according to court documents.

During the first day of the preliminary hearing on March 18, video footage from the 900 block of Eastern Avenue, NE, supported the detective’s testimony by showing an individual in a dark coat or jacket exiting a gray Acura and standing on the passenger side of the second victim’s BMW and firing multiple shots inside the vehicle. Investigators used the make, model and license plate of the suspect’s vehicle and traced it back to someone close to Watts.

During defense attorney Quo Judkins‘ cross-examination, the detective said the car owner told them she lets Watts use her car frequently and she could not have been the shooter since she was at work when the homicide happened. However, the green Lexus the surviving victim described turned out to be a gray Acura.

Judkins used the victim’s misinterpretation of the suspect’s vehicle as an argument against probable cause, saying “it comes down to this car.” She noted how the prosecution’s case lacked DNA evidence, a recovered murder weapon or witness statements from anyone besides the surviving witness. She also argued her client did not have a motive to kill Middleton.

The detective analyzed Watts and Middleton’s phones for any evidence and showed that the decedent and defendant did know each other as there were messages sent and received two days prior to the shooting. Still, the defense pointed out how cell phone data the detective looked into did not put pick up Watts’ location at the time of the homicide.

Judge Raffinan noted that the vehicle in the surveillance footage can be connected to the defendant, indicating that Watts could be the shooter. She ruled that the case has enough evidence to go to trial.

Watts will remain held at DC Jail as he awaits his next hearing on April 26.

Document: Suspect Wanted in Deadly Shooting

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 8:30 a.m., officers responded to the 2300 block of 18^th Street, NE, for the report of a shooting, according to a press release. There, they found 42-year-old Sedrick Miller suffering from apparent gunshot wounds. He was pronounced dead at the scene.

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

Document: Deadly Shooting in Southeast, DC

Metropolitan Police Department detectives are investigating a deadly shooting in Southeast, DC.

At approximately 10:55 a.m., officers responded to the 4200 Block of Southern Avenue, SE, for the report of an unconscious person, according to a press release. There, they found 28-year-old Mark Cobrand in a vehicle suffering from gunshot wounds. He was pronounced dead at the scene.

Document: Two Killed in Vehicle Collision at Interstate 695

Metropolitan Police Department detectives are investigating a vehicle collision that killed two people at Interstate 695.

At approximately 6:44 p.m. on March 8, a 2011 BMW was traveling eastbound at an apparent high rate of speed on Interstate 695 when the driver lost control and collided with a parked District of Columbia Department of Public Works dump truck at exit 1C, according to a press release. The BMW crossed multiple lanes of traffic, hitting a Toyota, struck a jersey barrier and caught on fire.

The two occupants of the BMW died from their injuries. The passenger has been identified as 32-year-old Steven Roy. The driver’s identity is being withheld pending next of kin notification.

Document: Pedestrian Dies After Being Struck Twice by Vehicles

Metropolitan Police Department detectives are investigating the death of a pedestrian who was struck twice by vehicles at the intersection of New York and New Jersey Avenues, NW.

At approximately 8:22 p.m., 52-year-old Joseph Robinson was walking northbound in the roadway when he was struck by a dark-colored SUV that was traveling northbound on New Jersey Avenue, NW, according to a press release. Robinson was then struck again by a dark-colored sedan that was traveling northbound on New Jersey Avenue, NW.

Robinson was pronounced dead at a local hospital.

Police say the operators of both vehicles fled without identifying themselves. They were captured by surveillance footage and can be seen in a video released by the MPD.

Document: Maryland Resident Fatally Shot in Southwest, DC

Metropolitan Police Department detectives are investigating a fatal shooting in Southwest, DC.

At approximately 8:33 p.m., officers responded to the 4100 Block of South Capitol Terrace, SW, for the report of a shooting, according to a press release. There, they found 20-year-old Jacky Brooks of Hyattsville, Md., inside a vehicle suffering from gunshot wounds. He was pronounced dead at the scene.

Was The Death of Ronald McKnight a Crime or Self-Defense?

A DC Superior Court judge ruled that a homicide case only has enough evidence to go to trial on a lesser charge than what prosecutors initially filed after the defense attorney argued his client acted in self-defense.

Nathan Hunter was charged with second-degree murder while armed for allegedly shooting 44-year-old Ronald McKnight in the head in a hostel bathroom on the 1600 block of 7th Street, NW, on April, 18, 2021. The defendant alleged that McKnight “bum-rushed” him in the bathroom.

Hunter, 40, allegedly fled the scene, going to his friend’s apartment and leaving McKnight in the bathroom. He later went to the police to discuss the incident.

The preliminary hearing spanned March 15 and 16. Prosecutors called the lead detective on the case to the witness stand to testify about his investigation. He said Hunter and McKnight were in the hostel bathroom together for more than 30 minutes.

During his conversation with law enforcement, Hunter’s hands were swollen and his thumb had been damaged. He eventually requested a lawyer.

The detective explained that from his many years as a detective and police officer, he believed that McKnight’s wounds were defensive. Defense attorney Frances D’Antuono pushed back on this statement, questioning his expertise in the matter. The detective acknowledged he was not part of the Office of The Chief Medical Examiner.

D’Antuono then called an expert in forensic pathology who has performed many autopsies to the witness stand. The doctor explained that there is a reference scale to give the range of PCP concentration, being 20 Nanograms per Milliliter to 240 Ng/Ml. According to a toxicology report, McKnight had 190 Ng/Ml of PCP in his bloodstream.

PCP is a dissociative hallucinogenic drug. During cross-examination, the prosecution asked the doctor if everyone’s reaction to PCP was the same. The doctor responded that it was not; however, the most common symptoms were aggravation, panicking or paranoia and sometimes violence. The prosecutor pushed harder on this asking if everyone’s experience would be different.

The doctor replied, yes.

D’Antuono noted past offenses McKnight allegedly committed, both of which are believed to have involved PCP. One offense was for a burglary while the other was for the defendant allegedly causing a nuisance in front of a 7-11. One of these cases was sent to a mental health court and the other was closed due to McKnight’s passing.

The final witness to testify was a private investigator hired by D’Antuono. He said he searched the crime scene and did not find any gun paraphernalia in the bag Hunter left behind.

The defense argued that the evidence indicates McKnight followed Hunter into the hostel, and then into the bathroom. At some point, a gun was pulled and a fight broke out, leading to the deadly shooting. D’Antuono argued that probable cause could not be found for second-degree murder or manslaughter.

The prosecutor countered that they were not seeking a finding of substantial probability, a higher standard than probable cause, but there was ample evidence to support a probable cause finding for the charge of second-degree murder. He argued the evidence only shows that two men had a fight in the bathroom and now one of them is dead.

The prosecutor said they cannot know for sure who had the gun first. He also alleged that Hunter failed to abide by the duty to retreat law that exists in Washington.

For the charge of second-degree murder while armed, Judge Robert Okun said that “while it was very, very close” he could find no probable cause. He instead found probable cause for voluntary manslaughter while armed.

Although D’Antuono requested his client’s release, the prosecutor countered saying that for a charge like this there is ample reason for Hunter to remain detained. Judge Okun decided to keep him at DC Jail for the time being.

Due to the COVID-19 pandemic, the deadline for trial dates has been tolled. With that tolling order nearing its end, Judge Okun set an Aug. 4 trial date.

Parties are scheduled to reconvene for a status hearing on April 20.

Judge Finds Probable Cause for Assault With Intent to Kill Case

A DC Superior Court judge ruled that the case against a domestic violence defendant charged with assault with intent to kill while armed has enough evidence to go to trial.

The defendant is accused of stabbing his father inside the family home after an argument about money. During a March 17 preliminary hearing, Judge Robert Okun made a finding of probable cause.

“I don’t think it’s particularly close,” he said.

The prosecutor called a Metropolitan Police Department detective who assessed the crime scene to the witness stand. A certified Spanish interpreter, she interviewed several family members.

Witnesses told her the alleged altercation started when the victim refused to give the defendant money.

The detective said she thought the defendant took $40, though she was not sure. Still, she was confident that whatever sum the family members mentioned was found on the defendant when he was apprehended.

“It’s clear the defendant, in anger, decided to stab his father over $40,” the prosecutor said.

The prosecutor presented two pictures. The first showed cuts on the hand of a family member who was making breakfast when the alleged stabbing happened. She is partially blind but tried to stop the altercation, the detective said. One witness restrained the defendant and another called emergency services.

The second picture showed the victim’s injuries. The detective said her colleagues had to hold his intestines together.

“The picture was pretty gruesome,” Judge Okun said.

Defense attorney Julie Swaney argued that the circumstances of the incident may be “explored further” to consider factors such as self-defense and mental health. The detective testified earlier that family members had concerns about the defendant’s mental health.

The defendant was also charged in a misdemeanor domestic violence case about one month ago.

Swaney asked Judge Okun to consider allowing the defendant to move into temporary housing in the future. She had reached out to different places but has not found a space for him yet.

Judge Okun was not convinced. He ordered that the defendant remain held at DC Jail.

The next hearing is scheduled for April 19.

Case Against Defendant Accused of Shooting Girlfriend Has Enough Evidence to Go to Trial, Judge Rules

A DC Superior Court judge found probable cause in the case against a domestic violence defendant accused of shooting her girlfriend.

The victim was shot in Benning Ridge in December 2021. Responding officers found her wounded in a black BMW. The defendant was arrested in Virginia a little less than a month after the incident. The prosecution alleges that she shot the victim while the two were in the vehicle.

During a March 14 preliminary hearing, an officer explained what he saw at the crime scene. He interviewed the victim and had a search warrant for the BMW, which he said was found six to 10 blocks away from the scene of the shooting. Shell casings were also found in it.

The victim sustained a gunshot wound to the shoulder. When officers questioned her, she did not answer because she was in shock. She gave a statement after she arrived at the hospital.

In her statement, the victim alleged that the defendant tossed the gun into a fence after shooting her. Officers were unable to find a weapon.

The prosecutor argued there was more than enough evidence to establish probable cause. They alleged she stayed outside the jurisdiction to avoid arrest and mentioned she has two gun charges on her record.

After finding probable cause, Judge Lloyd Nolan ruled that the defendant will remain in custody awaiting trial. He cited her criminal history and lack of cooperation with the Metropolitan Police Department.

The next hearing in this case is scheduled for May 10.

Document: Motorcyclist Killed in Northwest, DC

Metropolitan Police Department detectives are investigating a deadly traffic crash at the intersection of Georgia Avenue and Howard Place, NW.

At approximately 5:23 p.m. on March 16, a 2008 Toyota Sienna Van made a left turn onto the 600 block of Howard Place, NW, when a 2019 Yamaha Motorcycle crashed into the Toyota at an apparent high rate of speed. The motorcyclist, 29-year-old Michael Thomas, was pronounced dead at a local hospital, according to a press release.

Judge Allows Government to Collect DNA Sample from Murder Suspect

A DC Superior Court judge allowed the government to collect a buccal swab from the defendant charged in a deadly shooting outside an apartment building.

Jarvis Jackson is accused of shooting 23-year-old Deont’e Minor to death in the parking lot of a Washington Highlands apartment complex on the evening of March 20, 2021. The 42-year-old defendant is charged with first-degree murder while armed.

During the most recent hearing for this case March 16, defense attorney Roderick Thompson voiced his opposition to the prosecutor seeking a warrant for a buccal swab of his client. The prosecution believes a mask and beanie found at the crime scene belonged to Jackson.

The crime scene is located by the 1200 block of Southern Avenue, SE. Thompson argued the mask and beanie could easily be “street trash” and the evidence was not strong enough to conduct a buccal swab, calling it “invasive and an invasion of privacy.”

DC Superior Court Judge Milton Lee said he understood the argument, but pointed out that video evidence shows only two people at the scene when the shooting took place.

After Judge Lee allowed the buccal swab to be conducted, defense counsel requested Jackson’s release from DC Jail into home confinement. Judge Lee denied the request.

“Home confinement can’t stop or prevent behavior, it can only track it,” he said.

Parties are scheduled to meet in court again on May 26.

Judge Denies Request to Dismiss Murder Case, Schedules Felony Arraignment

A DC Superior Court judge denied a request to dismiss a murder case during a hearing that took place on the same day prosecutors filed an indictment against the defendant.

Nijinsky Dix, 38, is accused of shooting 44-year-old Terry Hickman to death in an apartment near the Southwest Waterfront on the evening of Nov. 14, 2020. Police believe the homicide was domestic in nature.

During the most recent hearing for this case on March 16, the prosecutor informed Judge Marisa Demeo that they have delivered all evidence to the defense via a USB drive. Dix and Hickman’s cell phone, police reports and photos were included on the drive.

Defense attorney Brandi Harden said all she got was a thumb drive that doesn’t work.

“The prosecution has provided basic evidence,” she said. “Nothing of substance, just crime scene photos and an autopsy report. I do not disagree that a thumb drive was given. But we are not in a better position. On that note, I will be asking for a dismissal of the case and that my client be released.”

After the prosecutor showed Harden how to work the drive, parties transitioned to discussing plea negotiations. The prosector extended a plea offer for second-degree murder but the defense wants the charge reduced to voluntary manslaughter instead.

The prosecutor has not taken their plea offer off the table. He said he would like to speak with the victim’s family about the plea before making a final decision.

The formal indictment in this case, which includes charges of first-degree murder while armed and possessing a firearm during a crime of violence, was returned on the same day parties met in court.

“By the indictment coming today, the plea offer would be post-indictment. It has been prejudiced all around,” Harden said. “I received discovery 16 months later and my client has not had a chance to accept or decline a pre-indictment plea offer.”

Harden asked for the case to be dismissed entirely because of this. She filed a motion to dismiss the case or, in the alternative, release her client on March 10.

Judge Demeo denied the request. She said the prejudice against the defendant is speculative because there is no benefit of a sentence when you accept a plea offer pre or post-indictment.

Dix is scheduled to be arraigned on the indictment charges on March 30.

Man Pleads Guilty to 2006 Sexual Assault

A man accused of sexually assaulting a stranger back in 2006 accepted a plea offer.

According to prosecutors, on Jan. 27, 2006, Landrell Jordan pulled a gun on a woman and forced her into an alleyway on the 1900 block of 9th Street, NW. He then stole several items from her and forced her to perform oral sex on him before fleeing the scene.

The victim wiped her mouth on a scarf before calling the police and going to the hospital. DNA found at the scene was inconclusive at the time. However, in 2019, analysts found several sperm fractions on the scarf. After using the FBI’s Combined DNA Index System, investigators found that the DNA matched the profile of a single convicted felon with a high margin.

This match was Landrell Jordan. He was 43-years-old when he was arrested and charged with first-degree sexual abuse while armed.

During a March 15 hearing, Jordan pleaded down to attempted first-degree sexual abuse while armed with aggravating factors. Parties agreed to recommend a prison sentence of 10 to 12 years as part of the plea deal. The defendant will be required to register as a sex offender for life.

DC Superior Court Judge Robert Okun asked the defendant if he was guilty of the crime before accepting the plea deal.

“Yes,” he responded.

Defense attorney Rachel Cicurel said her client would like to remain in his current jail holding. He has been working towards his GED and being sentenced would cause him to have to start over. The defense asked for the sentencing to be delayed six months.

The prosecutor objected to this saying it was unfair to the victim, who had waited already waited all this time. Judge Okun considered this and decided to compromise at four months.

Jordan is scheduled to be sentenced on July 29.

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