Judge Rules Defendant Incompetent to Stand Trial

A DC Superior Court judge found a domestic violence defendant incompetent to stand trial.

The defendant is charged with assault with a dangerous weapon and assault with a dangerous weapon against a minor in a 2022 domestic violence case.

A report from the Department of Behavioral Health found Payne incompetent to stand trial.

During the Aug 4 hearing, Judge Lynn Leibovitz, in accordance with the report, found the defendant mentally incompetent to stand trial, with no objection from parties.

Judge Leibovitz scheduled another evaluation for Aug. 17 and the next mental observation hearing for Sept 1.

Judge Finds Probable Cause for Defendant Aiding and Abetting Teen Murder

During a preliminary hearing on Aug. 4, DC Superior Court Judge Maribeth Raffinan found probable cause for a defendant aiding and abetting a 2022 homicide case.

Anthony Green, 27, is charged with first-degree murder while armed for allegedly aiding and abetting the shooting of 16-year-old Deshawn Francis during the course of an attempted robbery on Feb. 8 on the 100 block of Chesapeake Street, SE.

On Aug. 4, the lead detective of the investigation testified about the surveillance footage he collected and the witness interviews that were conducted.

One surveillance clip showed Green and his co-defendant, 17-year-old Eugene Williams, approaching the vehicle where Francis and a witness were seated. After a brief amount of time, Williams pulls out a firearm and shoots into the vehicle before running away with Green. Both Williams and Green can be seen with firearms shooting in the witness’s direction as the witness chased after them shooting back.

According to the detective, the witness initially told police officers he and Francis were there to meet Green and Williams for a shoe transaction. However, the witness later admitted they were there to sell marijuana to Williams.

Defense attorney Errin Scialpi asked the detective about the statements made by the witness who was in the car with Francis when Francis was shot.

In one statement to MPD officers, the witness said he did not think Green knew what was going on or that there was going to be a robbery. He said Green looked surprised when Williams suddenly told him “run that shit” and shot into the vehicle.

The detective said Green could be seen in the surveillance videos with one hand holding his phone and the other outside his pocket as he approached the vehicle. At no point before Williams shot into the car did the detective observe Green holding a firearm.

Scialpi also pointed out that neither Green nor Williams attempted to open the car doors or tried to take anything from the vehicle. Additionally, there was no evidence of Green and Williams planning a robbery or a shooting together before the event occurred.

During his closing arguments, the prosecutor emphasized how he did not have to prove Green planned to commit robbery or murder with Williams–merely that Green was physically present at the shooting to aid and abet the robbery.

“Mr. Green wouldn’t have done all he had done and acted how he had acted if he was just there to buy marijuana,” the prosecutor said.

In response, Scialpi emphasized the prosecutor’s lack of evidence that Green was aware a robbery was going to occur, pointing to the witness’s statements to police and the videos of the defendant on his phone.

“This is not somebody who’s there to perpetrate a robbery,” said Scialpi. “He’s distracted, he’s got his phone out, and he doesn’t have his gun out.”

After hearing the parties’ arguments, Judge Raffinan found probable cause that Green was an aider and abetter of attempted robbery.

“The video is quite compelling and clear,” said Judge Raffinan.

Judge Raffinan explained she did not find substantial probability because of the prosecutor’s lack of evidence of Green’s knowledge of or intent to commit the robbery.

Green will continue to be held at the DC Jail until his next court appearance, which is set for Oct. 11. Williams will also appear on the same date.

Judge Recommends Jail Transfer of 2015 Road Rage Homicide Defendant to GED Block

At the defense’s request, DC Superior Court Judge Maribeth Raffinan sent a recommendation to the DC Jail for a homicide defendant to join a program to receive GED training.

Oscar Ramos, who was arrested when he was 32-years-old, is charged with first-degree murder while armed, assault with the intent to kill while armed, and two counts of possession of a firearm during a crime of violence for allegedly shooting two victims on May 28, 2015, on Interstate 295 at Exit 1 in Southwest DC. Police suspect the motive was road rage. One of the victims, 50-year-old Pedro Alvarado, was pronounced dead on the scene. The other victim was treated for life-threatening injuries at a local hospital.

Ramos was charged on April 20, seven years after the shooting occurred.

During a hearing on Aug. 4, Ramos’s defense attorney Rachel McCoy requested that Judge Raffinan send a recommendation to the DC Jail, where Ramos is currently detained, for Ramos to be transferred to the GED block.

The GED and Adult Basic Education Services at the Department of Corrections (DOC) offer inmates structured educational programming to enhance their academic skills and prepare them to take the GED exam to receive a high school-equivalent degree.

“Especially considering how Mr. Ramos is going to be detained for a long period of time, he can only benefit from studying and taking advantage of the resources at the block,” McCoy said.

Defendants usually get transferred into the GED block by submitting an application to their case manager. However, McCoy told Judge Raffinan that Ramos could not fill out the application or speak to his case manager due to language barriers. .

Judge Raffinan also scheduled Ramos’ trial to begin on March 18, 2024.

The prosecutor told Judge Raffinan he would not offer a plea agreement to the defense and expected the trial to last approximately seven days.

Ramos’s next court appearance is scheduled for Nov. 8, where parties will discuss potential DNA testing.

Document: Homicide on 14th Place, SE

The Metropolitan Police Department is currently investigating a homicide that occurred on Aug. 4 on the 3300 block of 14^th Place, SE.

According to a press release, officers responded to the location after hearing gunshot sounds. They found an adult male victim suffering from apparent gunshot wounds. The victim, who has not been named by the police, died on the scene.

A juvenile victim was also admitted to a local hospital a short time after for non-life-threatening injuries, the release stated.

Anyone with information about this case is asked to call the police at 202-727-9099. Additionally, anonymous information may be submitted to the department’s text tip line by sending a text message to 50411. The department is offering a reward of up to $25,000 for information that leads to an arrest and conviction.

Judge Allows Home Confinement to Expire

DC Superior Court Judge Maribeth Raffinan allowed the home confinement of a murder suspect to expire.

Derricko Johnson, 18, is charged with first-degree murder for allegedly shooting 16-year-old Justin Johnson.

Johnson attended the Aug. 4 hearing virtually.He was released under the High Intensity Supervision Program (HISP) under home confinement on July 18. Johnson was reported as staying in compliance with his release orders.

On May 26, Metropolitan Police Department (MPD) officers responded to a shooting report at 2234 Savannah Terrace, SE. Upon arrival, MPD officers located the juvenile victim. The decedent was unconscious, unresponsive, and suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Johnson’s HISP orders include checking in by phone, GPS monitoring, as well as complying with stay away orders from the scene where the killing happened. Due to his compliance, as well as his not receiving any further warrants since his release, the Pretrial Services Agency did not request any further changes to his release conditions.

Once the defendant’s home confinement ends in August, Johnson must report back to PreTrial Services where he will remain under GPS monitoring as well as a curfew from 10 p.m. to 6 a.m.

Johnson is scheduled to return to court for a status hearing on Nov 9.

Judge Reschedules Sex Abuse Trial for November

DC Superior Court Judge Marisa Demeo accepted the defense’s motion to reschedule a sex abuse trial for Nov. 10.

The defendant is charged with first-degree burglary, fourth-degree sex abuse and two counts of second-degree theft in connection to an incident that occurred on July 9, 2021. According to court documents, the victim told police that she awoke to the defendant “sucking on [her] nipples” at her residence on the 1000 block of 46th Street, NE. The victim said she believes the defendant entered her home through the window and took cash and her car keys from her purse.

At the Aug. 3 hearing, defense attorney Sara Kopecki told Judge Demeo that she needed more time to talk to her client and review video evidence with him. Kopecki indicated that she had been in discussion with the prosecutors about her timeline in advance of the hearing.

The prosecution did not object to the motion to reschedule the trial. Court records indicate that jury selection was originally scheduled for Aug. 3.

Judge Demeo scheduled jury selection for Nov. 10 and the beginning of arguments for Nov. 15.

She also set a Sept. 6 deadline for all parties to file responses to outstanding motions and for the defense to file notice of an expert witness.

The prosecution indicated that it expected its case to last two days. Kopecki said she needed one day to argue her case.

Judge Demeo accepted the defendant’s waiver of his rights to independently test DNA evidence. Law enforcement tested DNA taken from the victim’s breasts. The DNA profile matched the defendant’s profile on file from the FBI Federal DNA Database.

The defendant’s next appearance in court is scheduled for a trial readiness hearing on Oct. 7.

Judge Finds Child Sex Abuse Defendant Mentally Competent to Stand Trial

During a hearing on Aug. 2, DC Superior Court Judge Milton Lee found a child sex abuse defendant mentally competent and denied the defendant’s request for new counsel.

The 23-year-old defendant is charged with second-degree child sex abuse in connection to engaging in sexual contact with a 15-year-old victim on Jan. 26 on the 500 block of 42nd Street, NE.

The defendant is also charged with assault with intent to commit third-degree sex abuse concerning a separate, unrelated case. The defendant is accused of wrapping his arms around the victim’s waist and holding her as he thrust his pelvis into her buttocks on Jan. 28 at the Shaw Howard Metro Station.

During the mental observation hearing on Aug. 2, Judge Lee considered a report by the Department of Behavioral Health (DHS) regarding the defendant’s mental competency. He found the defendant competent to stand trial.

Defense attorney Thomas Healy also informed Judge Lee of the defendant’s request for new counsel. Judge Lee denied the request.

Throughout the proceeding, the defendant kept his head on the table and refused to acknowledge Judge Lee.

“The only person you’re damaging is yourself,” Judge Lee told the defendant. “I can’t help you right now with you acting like this.”

According to court documents, the victim was walking home from school when she noticed the defendant following her. The defendant allegedly asked the victim, “have you ever seen a grown man’s penis” and when the victim turned around, the defendant was exposed. The victim tripped over her book bag as she was running away and as she got up, the defendant grabbed her buttocks and asked if she wanted to do something.

The defendant will be arraigned on all charges during his next court appearance scheduled for Sept. 1.

Counsel Requests More Time Due to Defendant’s Quarantine Status at DC Jail

Counsel asked DC Superior Court Judge Milton Lee for more time to discuss DNA testing with a sex abuse defendant due to the defendant’s quarantine status at the DC Jail.

The defendant, 22, is charged with multiple counts of assault with the intent to commit first-degree sexual abuse, third-degree sex abuse with force, kidnapping, aggravated assault, and simple assault for allegedly sexually assaulting four individuals on the 1700 block of Park Road, NW and the 1700 block of Newton Street, NW between July 10, 2021, and Aug. 7, 2021.

During the hearing on Aug. 2, defense attorney Justin Okezie, standing in for the defendant’s attorney Rachel McCoy, informed Judge Lee McCoy has not yet been able to meet with the defendant to discuss potential independent DNA testing.

McCoy, Okezie said, will be able to meet the defendant once he is released from quarantine.

In light of the delay, Judge Lee scheduled an additional hearing after the defendant’s release from quarantine on Sept. 1 to address potential DNA testing.

Judge Denies Motions by Prosecution and Defense in 2018 Homicide Case

During a hearing on Aug. 3, DC Superior Court Judge Maribeth Raffinan denied the defense’s motion for a speedy trial and the prosecutor’s motion for a protective order for a homicide case.

Reginald Turner, 37, is charged with first-degree murder, possession of a firearm during a crime of violence, and unlawful possession of a firearm in connection to the shooting of 37-year-old Malik Muhammad on the 800 block of Taylor Street, NE, on Nov. 26, 2018. The homicide occurred while Turner was on parole supervision for a separate, unrelated case in Maryland.

On Aug. 3, parties convened to discuss a motion Turner filed from the DC Jail, objecting to his trial date which is scheduled for Jan. 22, 2024. According to Turner, who has been detained for this case since April 9, 2019, his case was continually delayed by the prosecutor to an extent that violated his constitutional right to a speedy trial. He requested an earlier trial date or to be released from detention.

In reviewing Turner’s argument, Judge Raffinan considered the length of the case’s delay, the reasons for the delay, the defendant’s assertion of his speedy trial right, and the degree of prejudice to Turner caused by the delay–the four prongs established by United States Supreme Court case Barker v. Wingo to evaluate whether or not a defendant’s right to a speedy trial had been violated.

Judge Raffinan denied Turner’s motion, determining that although Turner’s case had been delayed significantly by the prosecutor, the majority of delays were unavoidable due to COVID-19 issues. In addition, the scheduled trial date accommodated the earliest time the case could go to trial.

Judge Raffinan then heard the prosecutor’s arguments concerning her motion to protect witnesses’ identities and sensitive information when turning over interview transcripts to Turner’s defense attorney, Dana Page.

“Your Honor has great discretion over this discrete matter,” said the prosecutor. “But it is important to protect the witnesses’ identities and security.”

Page opposed the prosecutor’s motion, arguing there was “no particularized reason and no good cause” for imposing a protective order.

Judge Raffinan denied the prosecutor’s motion, saying the prosecutor’s reasons for imposing a protective order on witnesses’ sensitive information was not specific enough.

According to court documents, a witness told members of the Metropolitan Police Department (MPD) that Turner and Muhammad were conversing outside an apartment building about the location of Turner’s cell phone. Turner, according to the witness, seemed “irritated and impatient” when Muhammad told the defendant the cell phone was in his girlfriend’s car and would be returned shortly.

Turner’s next court appearance is scheduled for Sept. 23, where parties will discuss potential DNA testing.

Defense Discusses Plans To Test DNA Evidence For Defendant Accused Of Shooting Ex-Girlfriend

During an Aug. 3 hearing, defense counsel for a homicide defendant discussed plans for testing DNA and ballistics evidence for a trial set to begin in May of 2023.

Carson Posey, 22, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in connection to the fatal shooting of 28-year-old Shantal Hill on April 15, 2020, on the 1200 block of North Capitol Street, NW. Hill suffered multiple gunshot wounds and succumbed to her injuries a few hours later.

According to court documents, a police officer who was rendering aid to Hill before she was transported to a local hospital asked who shot her. Hill said Posey, her ex-boyfriend, shot her.

Defense attorney Jacqueline Cadman and the prosecution said laboratories are behind with DNA testing because of the number of trials that are set this fall. The prosecution estimates the testing would be completed by the end of August. However, a report would not be ready until after Labor day.

Cadman said the defense would independently test DNA evidence from Hill’s cell phone and sim card. However, parties are having trouble unlocking the phone due to technical issues.

DC Superior Court Judge Rainey Brandt told the court that if the DNA testing comes back before the end of August, parties can schedule to come back to court earlier.

“I just want to keep you guys talking and make everything as smooth as possible,” Judge Brandt told both parties. “It sounds like you are working nicely together in the sandbox of justice.”

Judge Orders Competency Eval for Murder Defendant

DC Superior Court Judge Robert Okun ordered an inpatient mental competency evaluation for a homicide defendant.

Joseph Melton, 53, is charged with first-degree murder while armed, assault with a dangerous weapon, assault with intention to kill while armed, carrying a dangerous weapon outside a home or business with a prior felony, and possession of a prohibited weapon. Melton’s charges are in connection to a double-stabbing and murder of 48-year-old Kevin Chamberlain that occurred on Jan. 14, 2020.

Melton’s competency was originally called into question during a May 20 hearing, where Judge Okun ordered an outpatient evaluation. The evaluation was ruled inconclusive because Melton refused to cooperate.

Melton’s competency was questioned again in a June 23 hearing. Judge Okun denied a second request for a competency evaluation, partly due to the defendant’s refusal to participate.

During the Aug. 3 hearing, Judge Okun ordered an inpatient mental competency evaluation without objection from either party.

Judge Okun scheduled a mental observation hearing for Sept 7.

Murder Defendant Found Incompetent to Stand Trial

A DC Superior Court judge found a murder defendant incompetent to stand trial.

Anna Payne, 31, is charged with second-degree murder while armed in connection to allegedly shooting her mother, Marilyn Payne, 69, on July 26 on the 1600 block of Webster Street, NE.

A report from the Department of Behavioral Health found Payne incompetent to stand trial and recommended she be transfered to St. Elizabeths Hospital, DC’s psychiatric institution, for treatment.

During a Aug 3 hearing, Judge Robert Okun, in accordance with the report, found Payne mentally incompetent to stand trial, with no objection from parties.

According to court documents, Payne has had mental health issues in the past, resulting in multiple stays at the Psychiatric Institute of Washington.

She was not present for the hearing.

Judge Okun scheduled a mental health status hearing for Sept 8.

Judge Reschedules Mental Competency Hearing and Arraignment for Defendant Who Escaped A Psychiatric Hospital

During an Aug. 3 hearing, DC Superior Court Judge Rainey Brandt rescheduled a mental competency hearing and arraignment for a defendant who escaped from St. Elizabeth’s Hospital, DC’s psychiatric institution, while waiting to be sentenced for the murder of his father.

On Dec. 19, 2019, Bernard Coleman III, 29, pleaded guilty to voluntary manslaughter in the fatal shooting of his 43-year-old father, Bernard Coleman Jr. on the 4000 block of Cole Boulevard, SE, on March 18, 2017. The victim suffered from two gunshot wounds and was pronounced dead at the scene. Coleman was initially charged with first-degree murder while armed, first-degree burglary, possession of a firearm during a crime of violence, unlawful possession of a firearm, and robbery while armed. Less than a year after Coleman III pleaded guilty for the death of his father, he was charged with prison breach, kidnapping while armed, and assault with a dangerous weapon for an incident that took place in October 2020.

During the Wednesday hearing, Judge Brandt told the prosecution and defense that the US Marshals brought the defendant over from the DC jail, but he refused to get off the bus due to a stomach ache.

Defense attorney Janai Reed apologized to Judge Brandt and asked to reschedule the hearing for next week, so she can talk to Coleman about whether or not he wants to return to court.

Judge Brandt expressed that she believed Coleman was feigning stomach troubles and that he needed to be in court so that she could make a competency finding and arraign him for the 2020 incident. She also stated that if Coleman continues to not to be present, she will set a trial date.

“I’m a little worried this is becoming a pattern,” Judge Brandt said. “Mr. Coleman needs to pull himself together or I’m prepared to make appropriate findings.”

According to court documents, St. Elizabeth’s employees reported Coleman missing on Oct. 4, 2020. He allegedly escaped to a group home on Chaplin Street, SE, where he met up with another defendant on Oct. 7, 2020. Coleman and Edwards met when they were both housed at St. Elizabeth’s.

Coleman and Edwards allegedly went inside the group home and attacked a night-shift worker. According to court documents, Coleman assaulted the employee with tasers, and Edwards stabbed the employee’s hands and took him to the basement. Edwards and Coleman demanded the employee’s cash, credit cards, pins, and car keys. Edwards remained in the basement with the employee while Coleman left the group home with the employee’s credit card and car.

Coleman’s next hearing is scheduled for Aug. 11.

COVID-19 Continues to Delay Hearing As Homicide Case Nears Trial

A motion hearing was delayed yet again, raising concerns that parties will not be ready to begin the homicide trial currently scheduled for Sept. 19.

Eric Beasley, 31, is charged with first-degree murder in connection to the alleged hit-and-run of 45-year-old cyclist David Farewell on the 2100 block of Young Street, SE on Sept. 4, 2020. According to court documents, a female witness accompanying Farewell told police that Beasley made belittling comments towards her at a gas station and then followed the pair down the street. Surveillance footage shows a red Honda Accord that “appears to accelerate and swerve toward the decedent, striking and running over him.”

Beasley was on probation for assault with a dangerous weapon and attempted assault with a dangerous weapon at the time of the homicide.

At the Aug. 2 hearing, DC Superior Court Judge Maribeth Raffinan intended to rule on whether the prosecution could use evidence from the vehicle involved in the hit-and-run, but could not not hear arguments because the defendant is placed under COVID-19 quarantine at the DC Jail until at least Aug. 5.

The motion to exclude evidence from the car was filed on Feb. 28. However, scheduling and logistical issues, including COVID-19 that have continuously delayed the motion hearing.

The hearing was rescheduled as recently as July 21.

Judge Raffinan rescheduled the motion hearing for a seventh time for Aug. 25, which is the earliest date that all parties would be available. Out of concerns on timing, Judge Raffinan asked the parties if she should reschedule the trial for a later date.

Defense attorney Madalyn Harvey strongly objected to making a final decision to reschedule the trial because she has not had the opportunity to discuss the decision with her client and is not able to reach him over a confidential phone line while he is in quarantine.

“My client is entitled to be here,” Harvey said. “I do not believe this is appropriate. I strongly object.”

If Judge Raffinan permits the admittance of the evidence, Harvey said Beasley would have to decide whether to proceed to trial in September without an expert witness or to reschedule the trial to allow for a defense expert witness.

The deadline to notify the court of an expert witness for the September trial has already passed.

If Judge Raffinan disallows the inclusion of evidence from the car, the defense attorney said she does not intend to call an expert witness.

“I ideally would want my client to continue the trial and get an expert witness,” Harvey said. “I can’t subject him to more time of incarceration without discussing the pros and cons.” However, Harvey said she doesn’t know if she would be ready for trial if her client wished to proceed without an expert witness.

Harvey added that she would not object to delaying the trial if Judge Raffinan released Beasley under the High Intensity Supervision Program (HISP).

The prosecution objected to going forward with the trial on Sept. 19, arguing that Harvey should have already discussed the scenario with Beasley.

“Both sides have a right to a fair trial and to prepare for it,” the prosecutor said. “Those phone calls should have happened.”

Harvey refuted the prosecutor’s argument, saying Beasley’s rights should be the preeminent consideration.

“He’s very wrong about that,” she said. “[My client] is incarcerated and is facing first-degree murder charges. He has rights that need to be protected.”

Referring to the impact of the motion’s outcome, Harvey said the prosecution needed to “prepare both ways,” particularly because “this is a motion about government negligence.”

Judge Raffinan did not reach a final decision on whether to delay the trial, opting to reach a final decision of whether to reschedule the trial at the Aug. 25 motion hearing.

“I’m not unsympathetic to the fact that the government has to do a multitude of things to prepare for trial, but I think it’s a bit premature to continue the matter,” she said.

A trial readiness hearing is also scheduled for Sept. 1.

Judge Reschedules Preliminary Hearing in Police Officer’s Child Sex Abuse Case

D.C Superior Court Judge Robert Okun set a new date for a preliminary hearing in a child sex abuse case involving a police officer.

The defendant, 28, is charged with two counts of first-degree child sex abuse. The charges stem from multiple incidents, occurirng from Jan. 2020 and Sept. 2021, where the defendant allegedly sexually abused an 11-year old girl.

According to prosecutors, the defendant, a former Metropolitan Police Department officer serving the First District, allegedly threatened the victim and her mother’s lives if they came forward with the allegations.

Since the allegations, the defendant has been stripped of his police duties and placed on administrative leave.

The defendant – who is currently in quarantine for COVID-19 – was not physically or virtually present for the hearing.

For the preliminary hearing, the prosecution will present one witness: a MPD detective. As part of their testimony, the witness will adopt the affidavit specifying the allegations against the defendant.

Defense attorney Steven Kirsch said he would present multiple individuals to testify to the defendant’s character for release arguments.

The preliminary hearing is rescheduled for Aug. 17.

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