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Murder Defendant Waives Right to Test Prosecution’s DNA Evidence

A homicide defendant declined to test the prosecution’s evidence during a Sept. 27 status hearing. 

Clifton Browne, 58, is charged with second-degree murder in conncection to the deadly beating of 76-year-old Luther Brooks on the 1300 block of Kalmia Road, NW on Sept. 27, 2021. Browne was the nephew of Brooks’ landlord. 

During the Tuesday hearing, the prosecutor informed DC Superior Court Judge Marisa Demeo that he did not plan to test DNA, nor ask for an additional hearing to present DNA test results.

Defense attorney Lisbeth Saperstein said the defense was prepared for an additional hearing to discuss testing, but did not request one themselves, either.

According to court documents, one of Browne’s close relatives told police that Browne was at the location to do work around their house. Brooks lived in the apartment downstairs from them but was expected to leave within the week. He was “draggin’ his feet,” the relative said. Browne said he’d talk to Brooks to try to move the process along.

The witness heard the two begin to argue, and Brooks hit Browne with a long stick, according to court documents. Browne pursued him and hit him multiple times. When the witness separated the two, Brooks was speaking “incoherently.”

Browne tried to bring Brooks outside, dragging him out from the basement apartment, the documents report. When he stopped and propped Brooks on the stairs, Brooks reportedly fell backward down the stairs, striking his head on the concrete.

Brooks was hospitalized and pronounced dead on Oct. 8, 2021.

When homicide detectives interviewed Browne, he did not mention arguing before Brooks hit him with the stick, and he did not mention the fall down the stairs. According to court documents, he did admit that he “went berserk on him,” punching Brooks in the head and chest.

The parties are scheduled to reconvene on Dec. 9 for a status hearing. A jury trial is scheduled to begin on Jan. 9, 2023.

DNA Testing Delays Hearing in Domestic Violence Homicide Case

DC Superior Court Judge Maribeth Raffinan scheduled a status hearing after delays with finalizing DNA testing in a 2020 murder case. 

Daniel Fleetwood, 28, is charged with first-degree murder while armed in connection to the death of 26-year-old Shana Donahue on May 28, 2020, on the 2900 block of N Street, SE. The incident is listed as domestic violence.

Prosecutors told Judge Raffinan Sept. 27 that the items awaiting DNA testing had been on hold since April of last year. The prosecution requested another hearing in four to six weeks while the DNA testing site expedites DNA tests of the items.

Judge Raffinan scheduled another status hearing for Nov. 16.

Read more about this case here.

Document: Police Investigate Fatal Shooting in Northeast DC

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 26, on the 1300 block of Meigs Place, NE.

At approximately 2:49 p.m., officers located 23-year-old Jamal Gibson suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Murder Defendant Pleads Not Guilty At Arraignment

During a Sept. 27 hearing, DC Superior Judge Raffinan Maribeth arraigned Ky’lee Palmer on six counts connected to a murder in 2020.

The 23-year-old defendant was indicted on first-degree murder while armed, two counts of tampering with physical evidence, assault with intent to kill while armed, and destruction of property $1,000 or more on July 27. 

During the hearing, Palmer’s new defense attorney, David Akulian, requested a nominal bond for the defendant. The judge agreed and set a cash bond for $500. Akulian replaced Palmer’s former attorney, Sellano Simmons.

The defendant’s charges stem from an incident on Feb. 12, 2020, when Metropolitan Police Department officers responded to reports of a shooting on the 800 block of 51st Street SE. Upon arrival, officers found 60-year-old Barron Goodwin inside a residence, suffering from gunshot wounds. He was pronounced dead at a local hospital. 

The next hearing is scheduled for Nov. 16.  

Judge Sentences 27 Year Old to More than 5 Years in Prison for Sex Abuse

A 27-year-old man was sentenced at the DC Superior Court Sept. 21 for sexually abusing a woman in her apartment.

Artez Powell was convicted of fourth-degree sexual abuse and first-degree burglary in connection to sexually abusing a tenant on the fourth floor of an apartment building located on the 1900 block of C Street, SE. He was initially charged with two counts of burglary and one count of fourth-degree sexual abuse.

DC Superior Court Judge Robert Okun sentenced Powell to 68 months for first-degree burglary and 24 months for fourth-degree sexual abuse. The terms are concurrent.

Powell also has to register as a sex offender for 10 years. Upon release, he must serve 5 years of supervised probation for the burglary charge and 3 years of supervised probation for the sexual abuse charge.

The defendant is also required to pay $200 to the fund for the Victims of Violent Crime Act. The fund is slated to be paid from Powell’s prison pay, according to court documents.

According to court documents, on March 2, the victim was asleep when she felt someone touching her. She assumed it was her cat that slept with her, but when she woke up it was a man rubbing her body. The man ran off with two of her credit cards. 

“I was not someone who was easily broken. I am now broken,” the victim stated in her impact statement, which was read by her attorney. “I couldn’t even get out of bed. I moved out of the apartment because I was too scared to walk the halls. I don’t know how to describe myself anymore. I am depressed, anxious, I have additional locks on my doors. I still cry. I am embarrassed and lost.”

The victim asked that Powell receive the maximum sentence of 70 months.

Powell’s defense attorney said he endured a lot of trauma from his childhood.

He was sexually abused by a male in his family and he was abandoned by his mother, Kevin Mosley, Powell’s defense attorney said. He lost his uncle who was a father figure to him. He has no one to help him, leaving his trauma left untreated.

“Trauma is real,” Mosley said. Powell’s trauma and substance abuse have affected his choices.

Judge Okun told Powell that he will still be young when he is released and wished him the best.

Document: Homicide in Northeast

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 22, on the 700 block of Kenilworth Terrace, NE.

At approximately 11:59 p.m., officers responded to the 1000 block of Kenilworth Avenue, NE for reports of the sound of gunshots. Upon arrival, officers located 45-year-old Harold Blair, III inside of an overturned vehicle suffering from apparent trauma from the crash.

Document: Traffic Fatality That Killed a 25-year-Old Man

Metropolitan Police Department detectives are investigating a traffic fatality that occurred on Sept. 24, at the intersection of Canal Road and Chain Bridge Road, NW.

According to a press release, at approximately 12:41 a.m., a Hyundai Venue and a Volvo XC90 was involved in a head-on collision.

The driver of the Hyundai was pronounced dead at a local hospital. He has been identified as 25-year-old Jefferson Leonel Garcia-Yanez.

Document: Suspect and Vehicle Sought in a Northeast Homicide

Metropolitan Police Department detectives are investigating a homicide that occurred on Sept. 22, on the 3000 block of Adams Street, NE.

At approximately 12:41 p.m., officers located 57-year-old Bacilio Villatoro suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Judge Sentences Man to 2 Years in Prison for Sexually Abusing His Daughter

DC Superior Court Judge Rainey Brandt sentenced a man on Sept. 23 to twenty-four months in prison for sexually abusing his teenage daughter.

Jerry Barton was initially charged with first-degree sexual abuse in a domestic violence case that occurred in September of 2019. On March 8, he pleaded guilty to a lesser charge of second-degree sexual abuse of a minor for sexually assaulting his 16-year-old daughter. The sentence term for the plea deal is between 18 and 42 months in prison. Barton was released under the high intensity supervision program (HISP) on Feb. 3, 2020.

“I still want a relationship with him down the line,” the victim said during her impact statement Friday. “He is my father and I don’t want him to be sentenced for a long time. I am still confused about everything that is going on.” 

Judge Brandt said she would not give Barton “a slap on the wrist.” 

Judge Brandt took the victim’s wish into consideration, giving Barton a split sentence so that he could continue to get the help he is receiving.

“As a judge, my job is to protect the citizens of DC and there are well-meaning people who come into my courtroom, but that doesn’t mean I am going to allow you to walk out of my courtroom today,” she said.

Barton was sentenced to 24 months in prison with three years of supervised probation and must also register as a sex offender for 10 years within three days of being released. 

“I am confused and I don’t know what to say. I feel terrible and stressed out about it all,” Barton said. “This situation has been prolonged and still, here I am confused about the case. I have remained indoors. I check in with my case managers and I am sorry to the court.”

On Sept. 28, 2019, the 16-year-old victim went over to Barton’s home to retrieve money from him. Upon her entrance into his home, he told her to come into his room where he then asked her what she was willing to do to get the money. 

The victim then felt something on the back of her neck which she assumed was a gun. Barton then forced her to the bed where he removed her clothes and penetrated her vagina with his penis. After the assault, Barton told her to stop being a “crybaby” and to get dressed. 

Barton admitted to having sex with the 16-year-old to the Metropolitan Police Department (MPD) but indicated to them that it was consensual and denied ever using a gun.

Hearings Rescheduled in Sexual Assault Case Due to COVID-19 Quarantine

DC Superior Court Judge Marisa Demeo rescheduled a motions hearing and the trial date for a sexual assault defendant due to his exposure to Covid-19.

The 33-year-old defendant is charged with first-degree sexual abuse with aggravating circumstances while armed, assault with a dangerous weapon, and violation of a protection order protection for an incident on the block of 500 block of Atlantic Street, NE on April 19.

The defendant’s unit has been placed under quarantine at the DC Jail until Oct. 4. 

His trial date was rescheduled from. Oct. 3 to Nov. 10.

The prosecutor said a plea was offered to the defendant, but it hasn’t been accepted or rejected yet. 

The defendant’s motion hearing is scheduled for Oct. 28.

All parties were notified by Judge Demeo to submit their evidence and motions to her by Oct. 7.

Judge Removes GPS Monitor in Child Sexual Assault Case

During a Sept. 26 felony arraignment, DC Superior Court Judge Marisa Demeo granted a motion to have a defendant’s GPS monitor removed.

On Oct. 8, 2020, the complainant disclosed to the Metropolitan Police Department that she had been raped by the defendant on the 100 block of V Street, NE. The complainant, who was 13 years old at the time, said she was related to the defendant “by way of marriage,” according to police records. On Oct. 26, 2020, the defendant was arrested and charged with first-degree child sex abuse. The 38-year-old defendant told the police that he was not wearing a condom, and he also kissed the victim on the mouth.

During the Monday arraignment, defense attorney Madalyn Harvey said the defendant has been in compliance with his terms of condition for nearly two years, and that “he’s doing well.” The defendant was moved from the High-Intensity Supervision Program (HISP) to GPS monitoring a year ago.

Judge Demeo requested a report on the defendant’s compliance from Pretrial Services. An officer from the agency called in via Webex to report that the defendant has been checking in weekly via phone and has not violated his stay-away orders.

The prosecutor did not contest the motion to remove the GPS.

Citing the “extensive period of time” the defendant has been compliant with his conditions of release, Judge Demeo granted the motion, but continued the stay-away orders, weekly phone check-ins and mental health services.

Judge Demeo also arraigned the defendant on three new charges, including first-degree sex abuse and two counts of second-degree child sex abuse.

Harvey entered a plea of not guilty to each of the four on behalf of the defendant.

Once the defendant was arraigned, Judge Demeo said that given the case had “been around for a while,” she wanted to schedule a date for trial.

Harvey and the prosecution agreed upon a trial beginning on Nov. 8, 2023. Both parties said they expect to need two to three days each to present their cases.

The parties are scheduled to return to court on Oct. 28 for a status hearing.

Judge Postpones Preliminary Hearing in Domestic Violence Case

DC Superior Court Judge Milton Lee rescheduled a preliminary hearing in a domestic violence case due to the defense wanting more time to continue plea negotiations. 

The 18-year-old defendant is charged with assault with intent to kill, assault with a dangerous weapon, four counts of assault with intent to kill while armed, and four counts of possession of a firearm during crime of violence. He allegedly shot his ex-girlfriend’s new partner on Aug 2. on the 1600 block of Fort Dupont Street, SE.

During a Sept. 26 hearing, defense attorney Craig Ricard, asked for more time to speak with his client to discuss the plea offer.

Judge Lee rescheduled the preliminary hearing for Oct. 18.

Witness Speaks to Alleged Abuse Incident During Murder Trial

During a Sept. 22 jury trial, the prosecution called four witnesses to share their knowledge of body-worn camera and surveillance footage relating to the victim and defendant around the date of the murder.

Darnell Sterling, 57, was arrested and charged with the second-degree murder of Olga Oora, his 34-year-old girlfriend. According to court documents, Sterling was the last person reported to have seen Oora before her disappearance on July 17, 2020. 

A Metropolitan Police Department (MPD) officer shared her experience reporting to the Twelve12 apartment building located on the 300 block of Massachusetts Avenue, NW on July 13, 2019. The MPD officer said she was called to the scene after a neighbor of Sterling’s reported a noise complaint. The officer stated she noticed “fresh” bruises and wounds on Oora’s shoulder, knees, lips, and feet. 

The officer also said the victim was noticeably upset as she was “speaking loudly, crying, and just emotional.” When the officer went to retrieve Oora’s phone from the defendant’s apartment, she noticed “fresh red marks on the ground that looked like blood” outside of the apartment door.

In court, the officer identified photos she had taken of Oora and the blood on the floor.

In relation to this incident, the prosecution submitted a motion requesting Judge Maribeth Raffinan allow statements made from the victim to the EMTs.

“I was beating up by my boyfriend for no reason,” Ooro told EMTs on July 13, 2019, continuing, “can you just give me some bandage and a icepack? I don’t want to go to the hospital right now, I just want my phone.”

The prosecution also called the head of security, who was also the defendant’s neighbor, to identify Sterling in several security footage tapes the witness had pulled during the initial investigation. 

In the videos, the defendant can be seen entering the apartment building through the Harris Teeter parking garage at 4:11 a.m. on July 17, 2020, instead of entering through the front door.

A MPD detective from youth and family services was the first person to interview Sterling after connecting him and Oora’s child. According to the detective, Oora’s son was with his uncle and distraught he hadn’t seen his mother in two days. 

In the interview, Sterling responded “that’s crazy” when the detective told him Oora hadn’t been seen in two hours. He then said, “I called and texted her but she didn’t call me back.”

The detective’s sergeant also took the stand to confirm the footage shown to the court of the first interview with Sterling from her body worn camera.

DC Superior Court Judge Maribeth Raffinan scheduled the trial to resume on Sep. 28.

Document: Police Investigate Fatal Stabbing in Northwest DC

The Metropolitan Police Department are investigating a homicide on the 5100 block of 2nd Street, NW on Sept. 25.

A medical examiner noted that the cause of death was death was by sharp force injuries.

Police have not released the identity of the victim pending notification of family.

Preliminary Hearing Date Set for Murder Defendant

DC Superior Court Judge Robert Okun scheduled a preliminary hearing for a murder defendant who was arrested on Sept. 13. 

Malik Seltzer, 27, is charged with first-degree murder while armed in connection to the fatal shooting of 37-year-old Paris Odemns on the 4000 block of 1st Street, SE on Sept. 15, 2021.

During Friday’s hearing, Seltzer’s defense attorney, Craig Ricard, and the prosecution, settled on a preliminary hearing date where they plan to address matters pertaining to the case as it progresses. No other details about the hearing were discussed.

Ricard estimates that the hearing will last all day, saying “there are a lot of moving parts.”

Parties are set to return for the hearing on Oct. 6.