New Date Set for Retrial in Murder Case

A murder defendant gets a new date for his retrial.

Chad Hawthorne, 41, is charged with first-degree murder while armed, possessing a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction in connection to the shooting of 35-year-old Antonio Bassett on the 3900 block of Pennsylvania Avenue, SE on May 22, 2017.

In a March trial, jurors deliberated for more than a week but could not come to a decision on any of his charges. On March 21, DC Superior Court Judge Robert Okun ruled a mistrial.

Hawthorne’s retrial was originally scheduled for Aug. 7. However, during an Aug. 9 hearing, Hawthorne’s defense attorney, Jonathan Zucker, asked for a new date due to a scheduling conflict.

The retrial is expected to last five days.

DC Superior Court Judge Marisa Demeo rescheduled the retrial for Aug. 9.

Document: Arrest Made Exactly a Month After Juvenile Was Shot and Killed

Metropolitan Police Department detectives made an arrest in connection to a homicide that occurred on July 9, on the 3500 block of Hayes Street, NE.

At approximately 5:26 p.m., officers located 17-year-old Damari Deon Wright suffering from apparent gunshot wounds. He was pronounced dead at the scene.

On Aug. 9, 18-year-old Marquelle Hodges was arrested and charged with second degree murder while armed.

Plea Negotiations Begin in Stabbing Case

Parties announced that they are beginning negotiations to resolve a stabbing case at an Aug. 8 hearing.

Cana Browne, 25, is charged with second-degree murder while armed with a sharp object for allegedly stabbing 42-year-old Ebony Morgan on May 10 on the 100 block of P Street, NE. Police officers found Morgan unconscious and unresponsive with an apparent stab wound to the right side of her neck, according to court documents. Morgan succumbed to her injuries on May 15 at Washington Hospital Center.

DC Superior Court Judge Lynn Leibovitz found substantial probability at a July 8 preliminary hearing after two witnesses identified Browne from video surveillance.

The attorneys asked for one to two months to review materials and begin negotiations. DC Superior Court Judge Robert Okun scheduled Browne’s next court appearance for Oct. 7 to review the status of negotiations.

Document: Homicide in Northeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Aug. 7 at approximately 12:17 a.m., on the 300 block of 50th Street, NE.

Officers located 31-year-old Adrian Mack suffering from apparent gunshot wounds. He was pronounced dead after all life-saving efforts failed.

Document: Suspect Arrested for a 2005 Sexual Abuse Offense

A suspect has been arrested in relation to a sexual abuse offense.

The 41 year old is accused of brandishing a handgun, forcing the victim into a vehicle and engaging in forced sexual acts with the victim at approximately 8:30 a.m., on Nov. 28, 2005.

The suspect was arrested on Aug. 4 and charged with first degree sexual abuse while armed.

Document: Arrest Made in Homicide

Metropolitan Police Department detectives have made an arrest in relation to a homicide.

On Aug. 4, at approximately 3:32 p.m., officers responded to 1800 block of Good Hope Road, SE for reports of a shooting inside a conference room of a DC Public Library. Officers located 25-year-old Maurica Manyan and despite all life-saving efforts, she was pronounced dead.

Officers arrested 58-year-old Jesse Porter and charged him with involuntary manslaughter.

Defense Attorney Requests to Withdraw from 2018 Homicide Case

During an Aug. 5 hearing, a defense attorney filed a motion to withdraw as counsel in a 2018 homicide case.

Marquette Jordan, 31, is accused of stabbing 40-year-old Ivan Lynch to death on April 18, 2018, in an apartment on the 900 block of 5th Street, SE. Jordan is charged with first-degree murder while armed, robbery while armed, 2 counts of threat to kidnap or injure a person, assault with a dangerous weapon, simple assault, and carrying a dangerous weapon.

Jordan was first tried in April and the jury found Jordan not guilty of first-degree murder while armed but were still deliberating over the lesser-included charge of second-degree murder while armed. As a result, the prosecution requested to retry the case.

During the Friday hearing, defense attorney Elliott Queen explained that he has been experiencing extreme difficulty with Jordan.

“In spite of all my efforts to represent and protect the interest of the defendant, irreconcilable differences have emerged and continue to exist between counsel and defendant, which preclude the maintenance of trust and confidence and require counsel to withdraw,” Queen wrote to the judge.

Queen is Jordan’s fourth attorney over the last four years and the prosecution expressed concerns about finding a fifth attorney for Jordan.

DC Superior Court Judge Rainey Brandt said she will reach out to the Public Defender Service but will not be able to find a lawyer until August. Until then, Queen needs to stay on the case.

“It may take me a moment to find different counsel,” Judge Brandt said. “It is my intent to grant your motion, but I’m not going to grant it until I speak to one or two other attorneys.”

Judge Brandt scheduled the next hearing on Aug. 22. By then, Judge Brandt said she hopes to have found at least two other lawyers who can take over.

The retrial was initially scheduled for Aug. 16 but had to be rescheduled to give new counsel more time to prepare.

Jordan expressed frustration with having the trial pushed back further.

“I don’t see what the hold up is,” Jordan said. “I’m just ready to go to trial please.”

Judge Removes GPS Tracking from Defendant Accused of Killing Her Child

During an Aug. 5 hearing, DC Superior Court Judge Rainey Brandt allowed a defendant accused of killing her 16-month-old child to be taken off GPS monitoring while on pretrial release.

Faneshia Scott is charged with two counts first-degree murder for a heinous crime where the victim was especially vulnerable due to age or physical infimity and 7 counts of first-degree cruelty to children for her alleged role in the death of her 16-month-old daughter, Rhythm Fields, on the 6400 Block of C Street, SE in 2017.

Scott was initially released under the high intensity supervision program (HISP) on Feb. 22, 2019.

During the Friday hearing, defense attorney Steven Kiersh requested for the defendant to be removed from the program and have her 24-hour GPS ankle monitor removed.

Judge Brandt granted the defense’s request as there was no opposition from the prosecution, but Scott must still stay away and not initiate contact with her two other children unless the children or their caretaker initiates contact first.

Scott is currently scheduled to stand trial on June 17, 2024. The defense and the prosecution made representations that the trial would last at least 2 months because of each party having more than 10 expert witnesses.

The next hearing is scheduled for Jan. 23, 2023.

Judge Finds Probable Cause in Child Sex Abuse Case

During an Aug. 4 hearing, DC Superior Court Judge Rainey Brandt found probable cause in a 2020 child sex abuse case.

The defendant is charged second-degree child sex abuse for allegedly engaging in sexual contact with his step-daughter on the 900 block of Euclid Street, NW from late 2019 to March 2020. The defendant was 31 years old at the time and the victim was 10 years old.

The events were reported to the Metropolitan Police Department (MPD) Youth and Family Services Division by the victim’s school teacher after the victim relayed the events to her. The defendant was arrested on March 13, 2020, and immediately released with 24-hour GPS monitoring. The defendant was also issued a stay-away order from the victim and her mother.

During the Thursday hearing, defense attorney Joseph Yarbough argued that the victim was making a false-allegation because of the inconsistencies in her testimonies to the detective.

During the initial interview, the victim said she and the defendant were both fully clothed. However, during a later interview, she claimed that the defendant’s underwear was down, but her underwear was on.

“I don’t think you can credit anything the victim says,” Yarbough told the court. “This story was just wildly different every time it was told.”

However, during the prosecution’s redirect, the lead detective of the case said that victims of a younger age are often reluctant to tell all parts of the story at once.

The lead detective, who has been working for the MPD’s Youth and Family services division for 8 years, said that different information trickling in slowly is a common theme in other child sex abuse cases she has worked.

“The court understands why the victim embellished or mistold parts of her story,” Judge Brandt said. “The court can find that probable cause has been satisfied.”

The next hearing is scheduled for March 6, 2023.

Prosecution Works Towards Indictment In Murder Case

A DC Superior Court judge continued a felony status conference as the prosecution confirmed they were moving towards returning an indictment.

Marktwan Hargraves, 23, is charged with second-degree murder while armed. On July 16, 2021, members of the Metropolitan Police Department (MPD) responded to reports of gunshots. Upon arriving at 355 Parkland Place, SE multiple victims were found suffering from gunshot wounds. Nyiah Nicole Courtney, 6, was found suffering multiple gunshot wounds to the head and body. Despite advanced life-saving measures, the victim was pronounced dead.

The prosecution asked DC Superior Court Judge Maribeth Raffinan for at least two more months to continue investigative work before returning with an indictment. The 9-month deadline for the indictment is January 2023.

The defense said that although the prosecution is within its legal limit to hold out on the indictment until then, they would prefer it be sooner.

The defense raised issue with how long Hargraves has had to wait, saying with the rising COVID-19 infection rates at the DC jail, Hargraves is being subjected to “inhumane conditions.”

The defense said the prosecution’s departure from the case is also complicating things. A new prosecutor is slated to take over the case after the current prosecutor departs.

The next status conference is scheduled for Oct. 11.

Domestic Violence Defendant Requests Prison Transfer Due to Threats of Violence

A defendant in a domestic violence case expressed concerns regarding his safety in DC Jail, requesting transfer to the Correctional Treatment Facility (CTF).

The defendant was charged on Jan. 26 with assault with intent to kill while armed in connection to a domestic violence incident.

“I really need your help, judge, ‘cause I’ve been going through a lot in the DC Jail,” the defendant said. “[They] told me if I go back, they are going to do evil things to me.”

DC Superior Court Judge Robert Okun had previously recommended the defendant be placed in CTF, but due to the court’s limited ability to direct the Department of Corrections, the defendant was placed in the DC Jail.

“I’m just a target in the jail,” the defendant said on Aug. 5. “There’s a lot of evil things going on, I just want to be away from that.”

As of yesterday, the defendant was placed in solitary confinement. Judge Okun said it would be difficult to transfer the defendant due to the defendant’s placement in maximum security.

Defense attorney Julie Swaney asked that jail staff keep an eye on the defendant, in light of the threats. “He has had a really challenging time mostly throughout his time in jail,” Swaney said.

Swaney requested that the defendant be placed in CTF or another institution, citing the defendant’s repeated mental health difficulties. Swaney also recognized that, due to the circumstances of the case and the defendant’s homeless status, release would be difficult..

Prosecution was against release but held no objections to the defendant’s transfer.

Judge Okun said he would contact DC Jail officials about the transfer, specifically recommending CTF.

Swaney also submitted a motion to withdraw as counsel, citing a breakdown in the attorney-client relationship.

Judge Okun agreed to the motion, and set a new hearing date pending the selection of a new defense attorney.

The next hearing in the case is scheduled to occur on Aug. 8 to ascertain new counsel.

Domestic Violence Defendant Pleads Guilty, Sentenced to One-Year of Parole

During a hearing on Aug. 3, a domestic violence defendant pleaded guilty to two counts of attempted second-degree cruelty to children and was sentenced to one-year of supervised parole.

The prosecutor alleged Marcus Harrison, 36, beat his fiance’s 4-year-old son with a belt and a drumstick on Jan. 9, 2020 and Jan. 10, 2020, at his fiancée’s residence while the victim was left home alone with Harrison.

When his mother admitted the victim into the hospital, doctors observed the victim suffering from bleeding, bruising on his legs, and two missing teeth, one of which was found in his intestines. The victim was given two doses of morphine to deal with the pain.

“The victim was in so much pain, the social worker couldn’t speak with him,” the prosecutor told DC Superior Court Judge Maribeth Raffinan.

According to the prosecutor, the victim’s older sister accompanied the victim to the hospital and provided text messages exchanged between Harrison and the victim’s mother.

In one message, Harrison told his fiancée he beat the victim “because he didn’t want to listen. A kid gets beat when they don’t want to listen.”

The defendant later texted his fiancée, “I did overbeat him, I did.”

“There’s absolutely no remorse or concern for the victim displayed in these messages,” said the prosecutor.

After Judge Raffinan accepted Harrison’s guilty plea, the prosecutor then asked Judge Raffinan to sentence Harrison to the maximum sentence of 180 consecutive days of imprisonment for each count and one-year supervised probation with a stay-away order from the victim and the fiancée’s house. The prosecution also requested GPS monitoring.

The prosecutor cited the defendant and the victim’s family’s violations of a previous court order issued by the DC Family Court in 2020 concerning a separate, unrelated case involving Harrison and the victim’s family.

The prosecutor noted although the court order forbade the victim from having any contact with Harrison and ordered the victim to live with his biological father, the victim continued to spend a significant amount of time in his mother’s house, where Harrison would often show up. Due to these violations, the prosecutor argued there was a risk Harrison would continue to be present around the victim.

“The prosecution is extremely concerned for the victim’s safety,” said the prosecutor, arguing the family as a whole violated the court’s conditions. “Mr. Harrison is supposed to be staying away from him and it seems like no one in the family is abiding by that.”

Defense attorney Michael Bruckheim opposed the prosecutor’s sentencing request, pointing out Harrison’s full compliance with his high-intensity supervision program (HISP) release conditions since March 31 and full employment status.

“For the prosecution to suggest 180-days after Mr. Harrison has been on release in full compliance would strip all that away,”

Bruckheim also said the Family Court order was not directed at Harrison himself, but at the victim’s mother.

“Much of what the prosecution said relates to what the victim’s mother did in relation to the Family Court order,” said Bruckheim. “What the prosecution has not shown is any evidence that Mr. Harrison actively sought out the victim’s presence.”

Instead, Bruckheim asked Judge Raffinan to suspend the entirety of the 180-days imprisonment and to sentence Harrison to probation with participation in the Family Violence Intervention program. However, Bruckheim opposed issuing a stay-away order from the victim.

“As a man, I apologize for my actions,” Harrison said while audibly emotional. “From my past to my present, I’ve been through so much. I’ve been trying to be a better person, taking it one day at a time. I just want to do right with a second chance to show the black community that we can change, that we can be something.”

Judge Raffinan sentenced Harrison to 180-days of imprisonment, the entirety of which was suspended.

Harrison will be released on supervised probation for one year with a stay-away order from the victim and GPD monitoring at the discretion of the Court Services and Offender Services Agency (CSOSA). Harrison will also be required to attend a Family Violence Intervention program.

“Mr. Harrison, you are the grown-up,” Judge Raffinan told the defendant. “It’s partially because the victim may trust you that you cannot abuse him. He’s four years old, not even a quarter the size you are. The damage you have done to this child may never be restored.”

The issues with the DC Family Court’s order “need to be worked out in a Family Court setting,” said Judge Raffinan. “There’s not much I can do about it here.”

The prosecutor requested Judge Raffinan impose a stay-away order from Harrison’s fiancée’s residence, the location of the offenses, as well. However, Judge Raffinan denied the request, telling Harrison he should not be at the residence if the victim is there.

“While I don’t think the prosecution’s request is unreasonable at all, due to the extent of the injuries and your prior criminal history, you have shown an ability to abide by court conditions,” Judge Raffinan said.

Sexual Assualt Defendant Put on Home Confinment

D.C. Superior Court Judge Rainey Brandt found probable cause for a defendant charged with sexual assault.

The 18-year-old defendant is charged with fourth degree sexual assault and robbery.

During the preliminary hearing on Aug. 4, surveillance footage was shown to detail the incident where the defendant allegedly assaulted the complainant in a parking lot and took her rings and bag, which he later gave up.

The defendant did not know the complainant.

Also, a Metropolitan Police Department detective testified that the complainant was “conscious but unable to speak.”

The “video really speaks for itself here. The complainant could not stand up,” the prosecutor said. “She repeatedly fell asleep.” The complainant was administered NARCAN on the scene to wake her up.

However, defense attorney Joseph Yarbough characterized the sequence of events differently.

“There is an absence of information of what actually happened in the alley,” Yarbough said.

Regarding the sexual assault charge, the videos are “without any information that there was a “no”.” Additionally, Yarbough rejected the idea that this was a robbery because it was not similar to other robberies as most times the defendant does not “take it and chill and wait for cops.”

Yarbough also highlighted Taylor’s character and involvement in a community program. Based on this absence of evidence he asked the court to not find probable cause.

Judge Brandt said the video evidence was clear and that only the defendant was in control of his actions. She said the complainant would have fallen over if it was not for the support from the defendant. She said the woman was under the influence of something.

“She has no clue what is going on,” Judge Brandt said. “She is not in a position to consent to anything.”

Furthermore, the detective said that when asked if she consented to what happened the complainant respondent, “hell no.”

Concerning the robbery charge, Judge Brandt said, “he took property” and hid it on his person from the complainant and thus, it was a robbery.

Judge Brandt ordered Taylor to be released from jail under the high intensity supervision program (HISP). He will be confined to his home and has a stay away from the location of the incident and the victim.

Domestic Violence Defendant Pleads Guilty

A domestic violence defendant pleaded guilty to several felony crimes against three women.

In an Aug. 4 hearing, the defendant pleaded guilty to unlawful disclosure, two counts of first-degree publication, 2 counts of stalking, and felony threats for crimes starting in 2018.

According to the proffer of facts, the 25-year-old defendant sent explicit photos of his ex-girlfriend to numerous people through GroupMe, Instagram, Gmail, and Kik. The defendant also mailed the photos to his ex-girlfriend’s employer and sent numerous threatening messages to his ex-girlfriend and two other women. He also sent an email to a law enforcement officer at American University where he threatened two of the victims.

DC Superior Court Judge Lynn Leibovitz accepted the plea.

Defense attorney, Kevin Mccants, requested that Jackson be sentenced under the Youth Rehabilitation Act. Judge Leibovitz is slated to consider the sentencing the defendant under the act during sentencing.

McCants also asked that his client be released prior to sentencing.

“They were idle threats,” McCants said.

Judge Leibovitz denied the request for release, saying the defendant presents a danger to the community.

The defendant’s sentencing is scheduled for Oct. 28.

Judge Sentences Defendant to 8 Years in Prison for Shooting 11-year-old

During an Aug. 4 hearing, one of four defendants charged with the death of 11-year-old Davon McNeal was sentenced to 8 years in prison.

Daryle Bond, 20, pleaded guilty Feb. 18 to voluntary manslaughter while armed with aggravating circumstances. He was initially charged with conspiracy, first-degree murder while armed during aggravating circumstances, possession of a firearm during a crime of violence, and carrying a pistol without a license.

During Thursday’s hearing, McNeal’s family was present in the courtroom. Since the family previously spoke during a June 3 sentencing of the other three defendants who were also convicted for the shooting, the prosecutor read a victim impact statement from McNeal’s mother. He said he read it to prevent the family from having to go through more emotional turmoil.

“No time you are sealed will ever be enough for the life you took from us,” McNeal’s mother wrote in a letter written to Bond and the three other defendants. “Davon should be here with us and not 6 feet under.”

In response, Bond addressed the family and apologized for his actions.

“I’m sorry this happened. Davon had a lot of life ahead of him. He did not deserve what happened to him,” Bond told the family. “He is my younger brother’s best friend. I know there is nothing I can do or say to take back the pain I’ve caused.”

Defense attorney’s Roderick Thompson and Christen Philips argued that Bond should be sentenced to 7 and a half years in prison under the DC Youth Rehabilitation Act. The Youth Rehabilitation Act, which was first enacted in 1985, provides sentencing alternatives for young adult offenders under the age of 25 at the time the crime was committed, according to the Bureau of Prisons website.

“Daryle has consistently displayed remorse. It is something that he is going to carry with him for the rest of his life.” Thompson said.

The defense also brought in a pretrial services officer who said Bond would benefit from the Youth Rehabilitation Act. Additionally, the defense requested DC Superior Court Judge Rainey Brandt recommend to the Bureau of Prisons that Bond be placed in the BRAVE Program.

The BRAVE program is a cognitive behavioral, residential program for young males, serving their first federal sentence, according to the website. Inmates participate in this program at the beginning of their sentence and interact in groups and attend community meetings during their time in the program. There are only two prisons that have this program, with one being on the west coast.

Judge Brandt expressed her condolences to the family and rejected the defense’s request to sentence Bond to 7 and a half years in prison. Bond will serve 8 years in prison, which will be followed by 5 years of supervised release. He must also register as a gun offender.

Judge Brandt also agreed to recommend Bond to the BRAVE program and PTSD treatment.

Bond’s co-defendants received their sentences in June. Carlo General, 22, who was sentenced to 16 years in prison; Marcel Gordon, 27, who was sentenced to 10 years in prison; and Christen Wingfield, 24, who was sentenced to 9 and a half years in prison.

MPD officers responded to the 1400 block of Cedar Street, SE on July 4, 2020, and located 11-year-old McNeal lying on the ground with a gunshot wound to the head. McNeal was transported to the hospital but life-saving efforts failed and he was pronounced dead.

“I’ve just given you a fully healthy second chance. Turn it around.” Brandt said.

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