Sex Abuse Defendant Waives 90-Day Indictment Deadline

A defendant facing kidnapping, carjacking and sex abuse charges consented to the deadline for indictment being extended.

The defendant is accused of holding a woman at gunpoint in her car and forcing her to drive to an alleyway in a residential part of Petworth, where he then raped her. He allegedly drove off in her car with her clothes, leaving her to seek help from a nearby homeowner, according to court documents.

More than six months passed before the defendant, who was 18 years old at the time, was arrested. He is charged with armed carjacking, kidnapping while armed and first-degree sexual abuse while armed.

During the most recent hearing for this case on March 8, the defendant agreed to waive the 90-day deadline for an indictment. The 100-day deadline for a trial reportedly goes into effect on April 26, which the defendant is also expected to waive at his next hearing.

The prosecutor said they had already provided initial discovery to the defense as well as a preliminary plea offer. They requested a preliminary hearing date with enough time for the defendant to consider the offer. Defense attorney Howard McEachern had no objection.

A preliminary hearing was not scheduled. The defendant is scheduled to return to court for a felony status conference on April 6.

Defendant Denied Pretrial Release in Burglary, Sex Abuse Case

A DC Superior Court judge denied a request to release a defendant accused of breaking into a woman’s Pleasant Plains apartment and sexually assaulting her friend.

The 31-year-old defendant is charged with first-degree burglary and second-degree sexual abuse. The victim alleges that, in January, she saw the defendant in an elevator as she made her way to the apartment and was later awoken by him sexually assaulting her. The defendant was arrested shortly after.

During the most recent hearing for this case on March 8, the defendant chose to address the court.

“I have learned from my mistakes when I was 18 and the charge I got at 21,” he said. “I work for UPS and they will continue to hold my position for up to a year. I always kept an honest job. I am a pillar in the community. A mentor. I am not a bad person.”

Defense attorney Winston Yallery-Arthur asked Judge Maribeth Raffinan to release his client from DC Jail.

“The defendant’s mother and father are in the courts and this process has been very traumatic for both them and my client,” he said. “We are looking for release so he can continue to work and take care of his people. He will abide by all rules if he is placed on GPS monitoring.”

The prosecution opposed this request, citing the defendant’s criminal history and the violent nature of the alleged crime.

“He committed a crime while being released for another,” the prosecutor said. “This was a violent crime, where he and students attacked a transgender student.”

Based on the charges in the case and the defendant’s prior history, she denied the request for release.

Yallery-Arthur requested a two-week continuance so parties can continue discussing the plea offer that has been extended in this case. Judge Raffinan scheduled parties to reconvene on March 21.

Child Sex Abuse Defendant Offered Plea Deal

A prosecutor extended a plea offer to a man facing multiple child sex abuse charges.

The 23-year-old defendant is accused of sexually abusing two girls in their Brightwood home when they were 5 years old and 7 years old. He is charged with two counts of first-degree child sex abuse and one count of second-degree child sex abuse but has not yet been indicted.

During a March 10 hearing, the prosecutor disclosed the terms of the plea deal, which she sent to the defense the previous day. If accepted, the defendant would plead guilty to one count of second-degree child sex abuse and one count of attempted second-degree child sex abuse. In return, the prosecutor would not seek to include aggravating factors that could enhance the defendant’s sentence, such as the victims being less than 12 years old.

Defense attorney Julie Swaney said she briefly discussed the plea deal with her client, but they would need a few weeks to make a decision. The offer is set to expire on April 14.

The defendant was released into home confinement under the High Intensity Supervision Program in February. The Pretrial Services Agency reported that he has been compliant with all his release conditions.

Swaney asked Judge Maribeth Raffinan to lift her client’s home confinement order. The prosecution opposed any reduction of release conditions.

“The only way to ensure the safety of the community is to ensure he has no contact with children,” the prosecutor said.

Judge Raffinan said the home confinement could end after 30 days of compliance but he would remain on GPS monitoring and have a curfew. The defendant also must follow multiple no-contact orders, including one barring contact with anyone less than 18 years old.

The defendant’s next hearing is set for April 18.

Man Accused of Armed Sexual Assault Will Keep Current Public Defender

A defendant facing a 21-count indictment for his alleged role in an armed sexual assault will be keeping his current legal counsel.

The 21-year-old defendant is accused of breaking into a woman’s vehicle and forcing her at gunpoint to drive to an alley, where he raped her. U.S. Park Police found her clinging to a ledge in the Anacostia River, where she alleged he forced her to enter despite her saying she could not swim, according to court documents.

The defendant was arrested on March 27, 2018. He was 17-years-old at the time.

During the most recent hearing for this case on March 9, the defendant asked for his public defender, Joseph Wong, to be replaced with someone else. It would not be the first time an attorney left the case.

“You have a great counsel. A very competent one,” DC Superior Court Judge Maribeth Raffinan told the defendant. “Now there will be a delay so they can catch up to speed on the case so they can represent you in the best way possible.”

This did not sway the defendant’s opinion. Still, after an ex-parte bench conference to address his concerns, it was decided that the current counsel will remain on the case.

Parties are slated to reconvene on April 25.

The defendant was scheduled to go on trial last January. He is charged with two counts of first-degree sexual abuse while armed, assault with intent to commit armed robbery, assault with a dangerous weapon, nine counts of possessing a firearm during a crime of violence, threat to injure or kidnap a person, aggravated assault knowingly while armed, assault with significant bodily injury while armed, armed carjacking, unauthorized use of a vehicle, unlawful entry of a motor vehicle and armed kidnapping.

Trial Date for Suspect in 2019 Homicide Delayed 9 Months

A DC Superior Court judge postponed a murder trial for a man arrested in November 2019 at the defense’s request.

Terrance Prue is accused of shooting 39-year-old Bruce Gilmore to death in the parking lot of an apartment complex on the 3500 block of 22nd Street, SE, on June 5, 2019. A juvenile male was shot in the wrist but survived, according to court documents.

The 21-year-old defendant is indicted on charges of first-degree murder while armed, possessing a firearm during a crime of violence, carrying a pistol without a license outside a home or business, assault with a dangerous weapon and assault with significant bodily injury while armed. He was scheduled to go on trial in May.

During Prue’s most recent hearing on March 10, defense attorney James King, who was assigned to the case less than four months ago, asked Judge Maribeth Raffinan to push the trial date back. Still, since his client has been held at DC Jail for more than two years now, King asked for the new trial to take place in 2022.

Judge Raffinan said her earliest availability right now is in February, though other dates may open up in the future. She said there may be space for a trial in late November, depending on the movement of other cases.

“Every other day someone’s trying to move something,” Judge Raffinan said.

Parties agreed to set a Feb. 13 trial date.

The prosecutor anticipates needing a maximum of four days to present their case. She said that at the time Prue was arrested, a firearm and ammunition were recovered. She said the caliber of the firearm did not match the one used in the homicide, but the caliber of the ammunition did.

Prue is scheduled to return to court on April 19 for a status hearing.

Unprovoked Man Allegedly Kills Fellow Patient at Psychiatric Hospital

A patient at St. Elizabeths Hospital, Washington’s psychiatric institute, is accused of killing a fellow patient. According to court documents, the defendant allegedly claimed to have “government secrecy technology” in his body and implied he needed to kill someone to obtain surgery.

Charles Lee, 28, is charged with first-degree murder for allegedly strangling David Dowdell in his hospital bedroom during the early hours of March 9. Dowdell was found surrounded by blood and signs of a struggle. A medical examiner pronounced him dead at 3:56 a.m. from trauma and strangulation, according to court documents.

Dowdell was charged with assaulting a police officer in 2020 but was found incompetent to stand trial and eventually sent to St. Elizabeths. He was found competent just days before his death but a judge decided to keep him at the hospital, as recommended by a Department of Behavioral Health report. His March 4 hearing was continued for a possible disposition.

According to court documents, surveillance footage shows a man alleged to be Lee walking out of his room into the hallway before moving to the decedent’s room at approximately 2:52 a.m. Between 3:00 a.m. and 3:30 a.m., St. Elizabeths staff check the patients’ rooms and hallways twice, according to court documents.

During a third round of checks, a resident nurse witnessed Lee allegedly twisting his foot on the decedent’s neck at approximately 3:27 a.m. She appears to yell down the hall for help and approximately five minutes later, staff removes Lee from the room.

Lee said he attended the University of California at Riverside and studied business before dropping out. When speaking with detectives, he allegedly talked about killing someone because he needed surgery. When a detective asked Lee why he would need to kill someone to get surgery, he responded that he just needed to kill someone, according to court documents.

Lee said he walked in when he believed the victim was sleeping and then began choking him with his hand. He told police he had sharpened a plastic spoon to stab the decedent to death—which did not work. When Dowdell fainted from downward pressure on his throat, Lee allegedly stepped down on his neck using his knee and foot to make sure he was dead.

Lee said he was sorry he had to kill the decedent but told officers he’s glad everyone is safe. He also explained he has never killed anyone in the past because he can usually control himself, but the fight this time was too intense.

The sharpened spoon, which was made up of four sharpened spoons shaved to a point and wrapped together, was found in Lee’s bedroom at St. Elizabeths during a search warrant.

Defense attorney Madalyn Harvey was appointed to represent Lee, who is scheduled to appear in court next on March 22 before DC Superior Court Judge Maribeth Raffinan. He is currently being held at DC Jail.

Document: March 10 Homicide Victim Identified

The Metropolitan Police Department has announced the name of a March 10 homicide victim.

At approximately 6:03 p.m. officers responded to the 700 block of 18^th Street, NE, due to a report of gunshots. Upon arrival, officers located 30-year-old Deshaun Cupid with gunshot wounds inside a vehicle. They were later pronounced dead at a local hospital, according to the press release.

Still No Decision on Murder Defendant’s Release Request After Most Recent Hearing

A defense attorney is seeking a murder defendant’s release from DC Jail, citing the facility’s conditions of confinement and the changing circumstances surrounding the case.

Wesley Scott, 21, is charged with first-degree murder while armed in the fatal shooting of 28-year-old David Young on the 3500 block of 22nd Street, SE, on April 3, 2020. The 21-year-old defendant has been held in custody ever since he was arrested the following August.

During Scott’s most recent hearing on March 9, defense attorney Matthew Davies voiced his request for his client’s release. Davies said the defendant has been involved in violence intervention programs and has no prior convictions. He said nothing in Scott’s background should cause concern for the community’s safety.

In a bond review motion filed last November, Davies pointed out that Michael Benbow, who identified Scott as the driver of the vehicle allegedly used in the deadly shooting, is now deceased. Benbow, 18, was also charged with murder in connection with Young’s death but he was fatally shot on April 21, 2021, while on pretrial release.

“The Court previously found that there was clear and convincing evidence that Mr. Scott is a danger to the community based on evidence that is no longer available to the government,” Davies wrote in the motion.

As well as this, Davies’ motion referred to poor conditions at the DC Jail in light of an unannounced inspection of the facility performed by the U.S. Marshals Service last November.

The prosecution opposed the release request. Judge Maribeth Raffinan said she will address this motion at the next hearing, which is scheduled for April 1.

Parties Prepare for April Murder Trial

A DC Superior Court judge reviewed multiple motions in a murder case as parties gear up to go to trial next month.

Tondrick Murphy, 31, is charged with first-degree murder while armed in the shooting of 26-year-old Marquis Jones. During the early hours of Oct. 6, 2018, Jones was found dead on the 2900 block of Martin Luther King Jr. Avenue, SE, after sustaining multiple gunshot wounds.

According to a defense motion, Jones allegedly robbed, pistol-whipped and threatened to kill Murphy in the days leading up to the homicide. The defense alleges that in the moments proceeding the shooting, Jones was threatening to “f*** up” the defendant while appearing to hold a gun. The prosecution alleges that Murphy approached Jones while he was on the phone and fired at him as Jones lifted his empty left hand to his head.

During the most recent hearing for this case on March 8, the defense counsel said they plan to call a behavioral health clinical specialist who has been working closely with Murphy to speak to the Post Traumatic Stress Disorder symptoms the defendant experienced before the shooting.

The prosecution objected to such testimony being included in the trial, wanting it excluded or at least limited. They argued that if the defense features this testimony in the way they currently plan to, they would be making a so-called diminished capacity defense, which has been rejected by the DC Court of Appeals.

Judge Milton Lee was unsure how this expert testimony would show self-defense without confusing the jury, saying it would be hard to explain the idea of objective versus subjective standards of reasonableness. He scheduled parties to continue discussing motions on April 4 and 5.

Jury selection for this case is scheduled to begin on April 11. Murphy has rejected the prosecution’s offer to plead out on a lesser charge of voluntary manslaughter while armed.

Document: March 9 Homicide Suspect Arrested

The Metropolitan Police Department has arrested a suspect in relation to a March 9 homicide.

At approximately 3:38 a.m. officers responded to the 1100 block of Alabama Avenue, SE, due to a report of an unconscious person. Upon arrival, officers located 65-year-old David Dowdell unresponsive. He was pronounced dead on scene, according to the press release.

That same day, officers arrested 28-year-old Charles Lee and charged him with first-degree murder, according to the press release.

Judge Sentences Man for Sexually Assaulting Underage Girls at Metro Station

A DC Superior Court judge sentenced a defendant for sexually assaulting three young girls at the Gallery Place-Chinatown metro station.

“Twelve girls in the District have been victimized by [the defendant],” the prosecutor said during the March 9 sentencing.

According to court documents, Olah Morgan approached three girls less than 15-years-old, exposing himself and making obscene comments and gestures. He reportedly made forcible sexual contact with the victims, who were able to escape him by hopping on a train and notifying police at the Pentagon City metro station.

Morgan, now 29, was initially charged with three counts of second-degree child sex abuse. After coming to an agreement with prosecutors, the defendant pleaded out on one count of second-degree child sex abuse, one count of misdemeanor sex abuse of a child or minor and two counts of misdemeanor sex abuse.

DC Superior Court Judge Juliet McKenna imposed a 42-month sentence for the second-degree child sex abuse charge and a 180-day sentence for the other charges. The sentences will run consecutively.

Morgan did not make any statements during the sentencing.

As a result of these convictions, the defendant will be required to register as a sex offender for the remainder of his lifetime. His probation was also revoked in a 2017 case in which he was convicted of simple assault and indecent sexual proposal of a minor.

Document: Arrest Made in March 8 Homicide

A suspect was arrested in relation to a March 8 homicide.

At approximately 9:50 p.m. officers responded to the 3400 block of Sherman Avenue, NW, due to a report of a shooting. Upon arrival, officers located 56-year-old James Jackson, Jr. with gunshot wounds. He was pronounced dead on scene, according to the press release.

That same day, officers arrested 28-year-old Dawit Guevara and charged him with second-degree murder while armed, according to the press release.

Defendant Accused of Sexually Assaulting Woman in Apartment Complex Lobby Given Earlier Trial Date

A DC Superior Court judge rescheduled a sexual assault trial to begin at an earlier date.

The defendant is accused of attacking a woman in the lobby of a Petworth apartment building. A witness alleged he saw the defendant beat the victim and try to force himself on her. He said he called out to the defendant, who got up and then left in a matter of minutes, according to court documents.

The 37-year-old defendant is now indicted on charges of assault with intent to commit first-degree sexual abuse, third-degree sexual abuse, misdemeanor sexual abuse, first-degree burglary, kidnapping and lewd, indecent or obscene acts. The third-degree and misdemeanor sex abuse charges include the aggravating factor of the defendant having previously been found guilty of sex offenses against two or more victims.

During the defendant’s most recent hearing on March 8, parties discussed moving up the trial, for which jury selection had been scheduled to commence at the end of January.

Defense attorney Howard McEachern said he would not be available for trial in August and instead suggested an October date. In the alternative, he suggested the defendant receive a different lawyer who would be available to represent him in an August trial.

Judge Robert Okun said he also wasn’t available in August but could potentially set an earlier trial date under a different judge. At this time, the defendant addressed the court.

“I’m not on y’all’s time. I’ve been locked up for 17 months. I have a right to a speedy trial,” the defendant said. “My trial shouldn’t be prolonged or pushed further because of your calendar.”

Judge Okun explained the issue was availability and that the defendant will get his trial in accordance with his speedy trial rights. According to parties, the court’s scheduling conflicts are the issues, not the prosecutor’s failure to meet a deadline.

Jury selection was pushed up from Jan. 31, 2023, to Oct. 12, with a trial readiness hearing scheduled for Aug. 23 and a motion hearing scheduled for Oct. 11.

The defendant is set to appear in court next on May 20 for an Innocence Protection Act hearing.

Plea Negotiations Stalled in Deadly Hit-and-Run Case

Parties in the case of a deadly motor vehicle collision are deadlocked in plea negotiations.

Kyle Wooden is charged with second-degree murder in the deaths of 82-year-old Donald Malloy and 79-year-old Mattie Young on May 31, 2020. According to court documents, Wooden was traveling in a Chevrolet Tahoe that evening while Malloy and Young were in a Nissan Altima. Wooden, 34, allegedly ran a red light on Bryant Street, NW, causing him to hit the victims who were trying to turn northbound onto North Capitol Street, NW. The defendant allegedly fled on foot. He was arrested the following day and charged with second-degree murder.

During a March 8 hearing, defense attorney Jonathan Zucker said his client wants to accept the prosecution’s plea offer given but is disappointed with the charges.

“We would like to take a disposition but we are at an impasse when it comes to charges,” said Zucker. “The government offered two counts of involuntary manslaughter, but we prefer two counts of negligent homicide. It’s a very thin line between the two and disappoints me that we can not come to an agreement.”

The prosecutor had a meeting with her supervisors about the defense’s request but they are staying firm with the plea offer given. If a plea agreement is not met then both parties are ready to go to trial.

Another hearing is scheduled for April 28. In the meantime, Wooden will remain released into the High Intensity Supervision Program.

Prosecution Calls its First Witnesses in Day Two of Deadly Apartment Shooting Trial

Chad Hawthorne is on trial for the murder of 35-year-old Antonio Bassett in a Fort Davis Park apartment complex. Four witnesses took the stand during the second day of his trial on March 8.

During the early hours of May 22, 2017, Metropolitan Police Department (MPD) officers found Bassett in a studio apartment on the 3900 block of Pennsylvania Avenue, SE, suffering from gunshot wounds to the chest and head.

The leaseholder said he let people stay there, according to court documents. During the trial, a neighbor described the apartment as having an “open-door policy” where anyone could enter and get high. He said he even complained to the apartment complex’s management, as he felt it was cultivating an unsafe environment.

The jury saw pictures of the apartment, which included images of Bassett when he was found there.

The apartment features a bathroom to the immediate left of the entrance and a small area where several men slept. To the left of the back wall was a patio door that led to a grassy parking area. Defense attorney Steven Kiersh noted during his cross-examination of the prosecution’s first witness, a crime scene investigator, that the patio door appeared to have been broken.

Eleven bullet casings were found on a nearby blanket, which the crime scene investigator testified were all from a 9mm gun. They also found bullets embedded into the ground where Bassett was found.

According to court documents, one witness said they saw 41-year-old Hawthorne run out of the apartment through the front hallway door after they were awakened by the sound of gunshots.

The prosecutor went on to call a police officer to the witness stand. This officer had taken a statement from Hawthorne after his vehicle, a red 2015 Chevrolet Cruze, was stolen. During cross-examination, Kiersh questioned the officer on why he had not investigated the robbery as much as he could. The officer explained he was on light duty. Kiersh then asked at what time was the car stolen. The officer said it was stolen between 2:00 a.m. and 9:00 a.m., but Hawthorne did not make a complaint until 9:00 p.m.

The prosecutor called the first responding police officer to the witness stand and played the Body-Worn Camera footage for the jury.

The footage showed the officer approaching the apartment. Upon arriving, two men told him they saw a man with dreadlocks and a medium build run away. The officer entered the apartment, where another man sat staring at Bassett, who was now dead. The officer then canvassed the apartment and took statements from each witness.

During his cross-examination, Kiersh questioned the officer on what the jury did not hear in the various footage being played. They had to redact some of the audio for privacy reasons. He made a point of mentioning that for a brief second, the jury could hear one of the witnesses say, “I ain’t know nothing.”

The next witness was an investigator with the MPD. His focus was on the gathering of information on electronic-based sources. This means he gathered all of the evidence from cameras in the area, which was explained to the jury. During cross-examination, Kiersh pressed the investigator, who commonly had to look at his notes. Kiersh asked him why he needed to review his report to answer questions. During re-direct, the prosecution asked how many videos he has viewed and collected since this 2017 homicide. The witness responded that he had viewed at least 500 videos.

Kiersh challenged the witness when he used the phrases “best of my recollection” or “believe.” He asked the investigator if there was any way he could be sure of what he was saying, to which the investigator responded, “we could review the video.”

“I am asking the questions,” Kiersh said.

“That was not a question,” the witness responded.

Kiersh focused on one of the camera channels, asking what was wrong with it. The witness took a moment and then said he was not qualified to answer the question and his team did not physically take cameras apart on the spot.

One witness entered the courtroom while one of the police officers was testifying, raising concerns that her testimony could be biased. DC Superior Court Judge Marisa Demeo dismissed the jury for an early lunch and asked this witness if she knew what happened during the testimony, what she could recall and what time she entered. The witness responded that she didn’t pay attention. The defense asked her why she even entered the courtroom. She replied she had nowhere else to go, prompting the prosecution to point out the witness waiting room.

Once the jury was seated after lunch, the neighbor who had complained to the apartment complex’s management took the stand.

This witness explained that he and Bassett were “drug-friends.” He said his drugs of choice were cocaine and heroin, but he is now sober.

The witness went into rumors he heard about Hawthorne and Bassett, prompting an objection from the defense. After hearing arguments, Judge Demeo allowed the testimony but told the jury they could not assume what he was saying to be the truth.

The witness said Bassett had the keys to Hawthorne’s car. Once, he used it so they could get more drugs. Afterward, Bassett allegedly told the witness that Hawthorne did not know he had keys to his car.

According to court documents, a different witness said that on the day before the shooting, Hawthorne was angry because items had apparently been stolen from within his car.

The prosecutor asked the witness if he was high the night of the shooting. When he was called to come into the apartment, he said he “was watching TV, but the TV must’ve been watching me.” He said he felt terrible upon seeing his friend.

The final witness to testify on May 8 was one of the people who would stay in the apartment. This man is currently incarcerated at the Prince George County Jail for a matter that has nothing to do with this case. The prosecutor sought out his perspective of the night.

This witness explained that four men, including Hawthorne and Bassett, would often share the studio apartment. The night of the shooting, he had plugged in his phone on the other side of the apartment and then went to sleep. Hawthorne and one other person were already in the apartment at that point. Later that night, Bassett and another person entered the apartment. The witness woke up and told Bassett where his phone was because Bassett allegedly had a history of stealing, he explained. Bassett allegedly said he would not touch it.

The witness then went back to sleep before waking up in the middle of the night to use the bathroom. While he was in there, he heard several gunshots. He said he felt scared and put his foot on the door to stop the shooter from entering. He waited several minutes and then walked out to the main room.

The witness claims Hawthorne said he was there and said someone tried to rob the apartment, then took his bag and left. The witness, not knowing what to do, went next door to find a neighbor.

The witness confirmed to the prosecutor that the doors were locked.

“Why,” the prosecutor asked.

The witness looked confused, responding, “I don’t know why do you lock your doors?”

The prosecutor changed questions to ask why the detective had not suspected him of committing the murder. The witness explained he offered his hands to be tested for gun residue.

During cross-examination, Kiersh asked why the witness had not called the police. He said that he could not as Bassett was lying on his phone and he did not want to touch his body. Kiersh continued asking if Hawthorne had asked the witness to call the police. The witness said he had asked Hawthorne to call the police, but instead, he left.

The prosecution said they would most likely need another two days of only witness questioning. The defense said they are prepared to start calling their witnesses on March 14.

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