Murder Case Continues As Prosecution Gathers New Evidence

DC Superior Court Judge Danya Dayson continued a motion hearing on June 23 to give the prosecution more time to gather evidence.

William Davenport, 29, is charged with first-degree murder while armed for allegedly shooting 27-year-old Leonard Turner on May 14, 2021, on the 1700 block of Trinidad Avenue, NE.

During Thursday’s motion hearing, Davenport’s defense attorney Jacqueline Cadman filed a motion for the court to reconsider the probable cause and detention findings from Davenport’s preliminary hearing in November 2021. Cadman argued that since the surveillance video of the robbery and the still shots from the footage were precluded, the prosecution’s case has been substantially weakened.

“Given that you cannot establish identity from the homicide video, we’re asking the court to reconsider the probable cause and detention findings,” Cadman said.

The prosecution argued that there is still motive evidence, which the prosecution has been gathering since the robbery video and still shots were precluded in April. But, the prosecutor said the evidence could not be present during the hearing.

However, Judge Dayson, who originally viewed the surveillance video of the robbery and the still shot evidence, said the prosecution could not establish motive for the defendant without presenting new evidence.

During a preliminary hearing on Nov. 17, 2021, the prosecution established probable cause and detention by using video footage of Davenport being robbed the night before the homicide as well as footage of the murder of Turner the following day.

According to DC Superior Court Judge Rainey Brandt, the surveillance video was not clear enough for identification, but the surveillance video of the robbery identified Davenport as the shooter.

Judge Brandt ruled that the prosecution violated Rule 16 which states that upon the defendant’s request, the prosecution must provide the defendant with a copy of the defendant’s prior criminal record that is within their possession, custody or control. As a result, during an April 28 hearing, Judge Brandt ruled that the video of the robbery and the still shots from the video were not admissible.

“If the video is out, if the stills are out, how are you going to get to this conversation about Mr. Davenport,” Judge Dayson asked the prosecution. “You have to tell me the evidence that gets you from point A to point B.”

The hearing is scheduled to continue on July 21.

Judge Denies Request for 2nd Competency Evaluation

DC Superior Court Judge Robert Okun denies the defense’s request for a second competency evaluation for Joseph Melton.

Melton, 53, is charged with assault with a dangerous weapon, assault with intention to kill while armed, first-degree murder while armed, carrying a dangerous weapon outside a home or business (prior felony), and possession of a prohibited weapon. Melton’s connected to a double-stabbing and murder that occurred on Jan. 14, 2020.

Melton refused to participate in the original evaluation so the results could not be presented in court.

“I don’t need to talk to the psychiatrist,” Melton said. Okun cited Melton’s refusal to participate as the reason not to order a second evaluation.

Melton’s counsel recently changed so defense attorney Kevin Mosley was not yet fully prepared. “Asking for this evaluation creates a weird dynamic that’s hard to navigate,” Mosley said of his relationship with Melton.

The court set a trial date for April 24, 2023.

Judge Okun scheduled a status hearing for Aug. 3.

Judge Finds Homicide Defendant Competent to Stand Trial, Denies Release

During a mental observation hearing on June 23, DC Superior Court Judge Robert Okun found a homicide defendant competent to stand trial.

Rasheed Young, 44, is charged with first-degree murder while armed in connection to the shooting of 26-year-old Cedric Rogers on the 300 block of Franklin Street, NE.

According to court documents, on June 11, 1996, Rogers was playing basketball with friends on the 300 block of Franklin Street, NE when he was shot four times. Witnesses reported that Rogers was the only one targeted.

Judge Okun denied Young’s defense attorney, Kevin Mosley request for Young’s release from the DC Jail.

After Judge Okun’s denial, Mosley requested Young be placed in the mental health unit of the DC Jail.

Mosley said Young believed he was placed in a program to make him complaisant. The defense attorney said that despite telling the defendant he was not placed in any type of program, Young continued to say he was put in a program to be complaisant.

Judge Okun accepted the request and said he will send a recommendation to the DC Jail.

The next hearing is scheduled for Aug. 27.

Defendant in Homicide Case Rejects Plea Deal

On June 23, a defendant in a homicide case rejected a plea offer from the prosecution, opting instead to proceed with trial.

Jaykell Mason, 22, is charged with first-degree murder while armed and assault on a police officer while armed in connection to the death of 29-year-old Terence Dantzler. The incident occurred on Feb. 13, 2020, on the 700 block of 8th Street, NW. Metropolitan Police Department officials discovered Dantzler after responding to a report of a shooting.

Defense attorney John Armstrong stood in for Mason’s regular lawyer, Roderick Thompson.

If the offer was accepted, Mason’s charges would have reduced to two counts of second-degree murder while armed and one count of felony assault on a police officer while armed.

DC Superior Court Judge Milton Lee scheduled a trial for March 4, 2024.

Mason is set for a status hearing on Dec. 9.

Homicide Defendant Enters Plea Deal in 2021 Case

A homicide defendant accused of murdering a 27-year-old man pleaded guilty on June 23 to second-degree murder while armed.

On July 21, 2021, Rondez Tibbs entered a convenience store on Martin Luther King Avenue, SE, according to court documents. He approached 27-year-old Malcolm Johnson and attempted to take a cross body bag from him which led to a struggle between Johnson and Tibbs. Surveillance video shows Johnson fighting off Tibbs and, in the midst of the fight, Johnson’s handgun went off. Both individuals in the fight were shot.

The victim is later seen getting into the defendant’s parked vehicle and driving towards Talbert Street, SE where he later crashed into a moving vehicle and succumbed to his injuries. Johnson was found in the vehicle unconscious and suffering from an apparent gunshot wound to the stomach.

Terms of the plea deal include a sentencing recommendation of 9.5 years to 14 years in prison. Tibbs, who was on probation at the time, also had his probation revoked. Tibbs was on probation for robbery and unlawful possession of a firearm with a prior conviction. He will have to serve the remainder of the sentences for those convictions, which equals out to more than 3 years. The time will run concurrently with the plea offer’s sentence.

The prosecution stated that the decedent’s family objected to the plea deal but plans to issue an impact statement at the sentencing.

D.C. Superior Court Judge Maribeth Raffinan accepted the guilty plea and set a sentencing date for Oct. 7.

Judge Schedules Additional Hearings Prior to Potomac River Rapist Trial

DC Superior Court Judge Milton Lee scheduled additional hearings prior to the trial of a man connected to a 1998 murder.

Giles Warrick, 63, is charged with two counts of first-degree murder with aggravating circumstances in connection with the sexual assault and death of 29-year-old Christine Mirzayan. Mirzayan was found dead on Aug. 2, 1998, with multiple laceration wounds in a wooded area on the 3600 block of Canal Road, NW.

During the June 22 hearing, Warrick’s defense attorney, Stephen Mercer, requested more time to review the prosecution’s evidence with the defense’s expert. Mercer told Judge Lee that he expects to decide whether additional testing is needed by mid-July.

Warrick is suspected of being the “Potomac River Rapist,” who was responsible for a series of rapes in Maryland and DC between 1991 and 1998.

According to court documents, the DNA evidence found in Mirzayan’s case matched samples from six then-unsolved rape cases in Montgomery County, Maryland. The homicide investigation continued for over 20 years until Warrick’s arrest in 2019.

Judge Lee scheduled a hearing to discuss the defense’s decision on July 26.

Judge Lee scheduled an additional hearing on Sept. 16 to discuss multiple defense motions to suppress the prosecution’s DNA evidence, the search of Warrick’s residence, and Warrick’s statements to detectives on Nov. 12, 2019.

Judge Sentences Domestic Homicide Defendant to 21-years in Prison

On June 17, a defendant was sentenced to 21-years in prison for the murder of 27-year-old Sierra Johnson.

In connection to Johnson’s death, 28-year-old Joseph Fox was arrested and indicted on one count of second-degree murder while armed and two counts of assault with a dangerous weapon. According to court documents, Johnson and Fox had an on-and-off relationship since 2014, including a domestic violence incident in 2017. The two reconnected on the night of Johnson’s death, with Fox sitting in the passenger seat of the vehicle when Johnson was shot.

Johnson succumbed to her injuries at a local hospital that night. According to the autopsy report, she was four months pregnant.

On March 29, Fox accepted a pleaded guilty to all charges. The prosecutor and defense attorney Elizabeth Weller agreed to recommend a sentence of 14 to 21 years of in prison.

A Metropolitan Police Department (MPD) officer found Johnson suffering from multiple gunshot wounds in her vehicle parked on the 2500 block of Georgia Avenue, NW on Jan. 19. Her two young children were in the backseat of the car.

Before the sentencing, DC Superior Court Judge Milton Lee listened to victim impact statements from the members of Johnson’s family. The family was emotional as they stood in front of Judge Lee and asked him to give Fox a life sentence.

“You have left a hole in my heart,” Johnson’s mother said to Fox. “I can never forgive you for what you did to my child.”

Johnson’s oldest sister, who now has custody of the victim’s children, told Judge Lee of the lingering trauma that the children have after the night of the incident.

“They tell me, ‘the man killed mommy. He kept shooting mommy,’” she said.

“I couldn’t save my sister,” said Johnson’s brother. “But I hope the court system can save another sister’s life.”

After the family members spoke, the prosecution asked Judge Lee to accept the plea deal that both parties had agreed to despite the family’s disapproval.

The prosecutor argued that the plea deal was appropriate because of Fox’s early acceptance of responsibility and demonstration of remorse. The prosecutor also cited the mitigating circumstances caused by Fox’s traumatic childhood experiences that led to mental health issues that continued to plague him.

Judge Lee accepted the parties’ plea deal.

“I’m truly sorry and remorseful for my actions,” Fox said. “I wish there was more I can do for the family and kids.”

After taking into consideration the arguments from both sides and the family’s victim impact statements, Judge Lee sentenced Fox to 21-years of imprisonment with five years of supervised release, during which Fox will have to attend mental health treatment and register as a gun offender.

“This set of circumstances is one of the most difficult of my entire career in the Superior Court.” Judge Lee said. “This sentence does not recognize the significance of the pain and loss inflicted.”

Johnson’s family loudly objected to the sentence, claiming that Fox deserved life in prison. As the protests began escalating, some of the family members attempted to reach the defendant in the well. The family was escorted out of the courtroom by US Marshals.

Judge Sentences Co-Defendants in 2020 Homicide Case

DC Superior Court Judge Robert Okun sentenced two murder defendants on June 17 for their role in a 2020 homicide case.

In February, Randle Price and Marwin Thomas pleaded guilty to fatally shooting 33-year-old John Pollard II on the 3200 Block of Hiatt Place, NW in 2020.

Judge Okun sentenced Price, 30, to 9.5 years in prison for voluntary manslaughter while armed. Thomas, 28, received an 11-years sentence for voluntary manslaughter while armed.

As part of the plea deal, the prosecution and defense agreed to recommend a sentence of 7.5 years to 11 years in prison for both defendants.

The prosecution argued to sentence Price and Thomas to serve 11-years in prison. However, Price’s attorney’s, Joseph Wong and Rachel Cicurel, argued that Price should receive a 7.5-year sentence because he is intellectually disability, which impairs his ability to foresee and understand his actions.

“We are asking for that severe punishment to be proportional to the offense,” Cicurel told the judge. “There is a difference between reacting and spiraling out of control than pulling a gun and ending a life.”

Thomas’s attorney, Russell Hairston, also argued against Thomas serving the maximum 11-years in prison. Hairston said Thomas has come a long way since the homicide.

During his time in jail, Thomas wrote a book on what he has gone through and what he would like to do when he gets out. The book details that Thomas wants to lecture and mentor kids in D.C. about the rage he has encountered and how there are better ways to handle it.

During the sentencing, many of Pollard’s family members had an opportunity to address the court.

“I want to let these young men know that they took a piece of my heart. I hope they never have to go through this. This is a feeling no one should ever feel,” Pollard’s father said. “I hope they can learn from this and give back to society… Maybe the system can help them instead of corrupting them to be worse.”

Hearing Continues So Co-Defendants Can Consider Plea Deal

DC Superior Court Judge Robert Okun continued a hearing on June 22, so three homicide defendants could have time to consider a plea offer.

Tyler Stringfield, 23, Keith Baham, 22, and Raymond Avent, 22, are all charged with first-degree murder while armed in the death of 23-year-old Rafiq Hawkins.

The prosecution, defense and the judge discussed the time the defendants would need to consider the deal. Specific terms of the deal were not discussed during the hearing.

On March 23, 2019, Metropolitan Police Department officers were patrolling the area around 1200 block of Brentwood Road when they heard gunshots. As they canvassed the area, the officers discovered Hawkins unconscious and suffering from gunshot wounds to the body on the 1300 block of Saratoga Avenue, NE.

Court documents state that surveillance video shows three individuals exiting a medium-colored four-door Cadillac while aiming their weapons in the general direction of the victim and opening fire.

During the hearing on June 22, Baham’s defense attorney, Russell Hairston, requested the prosecution put the plea offer in writing before proceeding.

Judge Okun scheduled a status hearing for July 19 to discuss the plea deal in more detail.

Judge Grants Defense’s Motion To Suppress Key Witness’s Testimony

A DC Superior Court Judge Marisa J. Demeo grants a motion to suppress evidence on June 22 as attorneys prepare for trial.

Eugene Burns, 30, is charged with first-degree murder while armed in an incident that stemmed from the fatal shooting of 24-year-old Onyekachi Emmanuel Osuchukwu III on the 2900 block of Second Street, SE. The incident allegedly started over a drug deal.

Judge Demeo addressed Burn’s defense attorneys, Ron White and Mary Kennedy’s, request to suppress witness testimony for multiple witnesses.

The main debate was about a key witness who was discovered through an illegal extraction of Burns’ text messages. Allegedly, the texts contained details of the key witness’s involvement with drug deals and guns.

The “texts were central for getting the witness to testify,” White stated.

White and Kennedy contended that, due to the texts, the witness testified against his will and was reluctant every step of the way.

Prosecutors argued that the witness’s testimony wasn’t a product of an illegal search of Burns’ phone, but a product of routine investigative steps.

The determination was dependent upon two main questions: whether or not the witness would’ve inevitably been discovered, and whether the witness’s testimony would remain the same without the disclosure of the texts.

“It’s not comporting with what you are trying to represent to the court,” Judge Demeo said in reference to the dissonance between the defense’s incriminating exhibits and the prosecution’s arguments. One of the exhibits included a June 2017 letter written by prosecutors which disclosed that the witness was shown compelling texts prior to his Grand Jury testimony.

Judge Demeo granted Kennedy and White’s request to suppress testimony of the key witnesses, saying prosecutors did not meet the burden of proof for evidence.

Judge Demeo also denied the motion to suppress testimony for other witnesses, saying they were identified through an independent source.

Burns’ next court appearance is scheduled for Sept. 20.

Homicide Case Continues with Prosecution Waiting on DNA Evidence

During a June 22 hearing, parties discussed pending DNA evidence in front of DC Superior Court Judge Milton Lee.

Ravel Mills, 28, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business. He is charged in connection with the April 18, 2020, shooting of 28-year-old Toussaunt Tarquann Strong on the 3400 block of 24th Street, SE.

The prosecution told Judge Lee the DNA results of a handgun were not yet available due to a miscommunication with Bode Technology, a forensic services organization.

According to court documents, the handgun was recovered in a separate incident on May 24, 2020. It was found through NIBIN, a national firearms database, in which the cartridge casings fired from the handgun matched cartridge casings found on the scene of Strong’s shooting.

The prosecution originally intended to have Bode Technology compare the DNA profile of the handgun to the known DNA profile from Mills’ saliva sample. However, due to the miscommunication, Bode Technology just received Mills’ saliva sample.

The prosecution expects to have the results by the end of July.

Mills’ defense attorney Jacqueline Cadman said the delay would not impact the scheduled January 2023 trial date.

Mills’ next court appearance is scheduled for Aug. 1, where parties will reconvene to discuss the status of the DNA analysis and address any motions.

COVID-19 Case Delays Homicide Trial

A homicide trial was postponed on June 22 because a defense attorney tested positive for COVID-19.

Co-defendants Saquan Williams, 20, and Quincy Garvin, 22, are charged with first-degree murder while armed, possession of a firearm, criminal street gang affiliation and conspiracy in connection to the fatal shooting of 24-year-old Carl Hardy on the 1200 block of I Street, SE, on Sept. 10, 2017.

Defense attorney Kevin Robertson informed DC Superior Court Judge Robert Okun via Webex that he tested positive for the virus last night after experiencing flu-like symptoms. The attorney is fully vaccinated.

The other attorneys, also appearing virtually, reported that they remain symptom-free and are also fully vaccinated.

Judge Okun said he will not order a test for the defendants because he believes the jail may unnecessarily place them in segregation or solitary confinement.

Judge Okun stressed the need to follow CDC guidelines, which recommends that fully vaccinated individuals can end their isolation period after five full days if they are fever-free for 24 hours prior and their symptoms are improving.

“I apologize for the inconvenience,” Judge Okun told the jury. “But unfortunately this is the world we live in when we have to comply with CDC guidelines.”

The trial will not resume over Webex.

Jude Okun tentatively scheduled the trial to resume at 10 a.m. on Monday, June 27. The jury will be informed Sunday evening if the trial will resume and Robertson is able to leave isolation.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a fatal shooting in Southeast on June 22.

At approximately 1:13 a.m., officers were dispatched to the 2800 block of Alabama Avenue, SE due to reports of gunshots.

Upon arrival, officers located 36 year-old Vernon Harrison suffering from an apparent gunshot wound. He was pronounced dead at the scene.

Judge Addresses More Motions in Triple-Homicide Case

DC Superior Court Judge Milton Lee ruled on multiple defense motions in a 2019 triple-homicide case.

Johnathan Winston, 32, is charged with three counts of first-degree murder while armed for shooting 26-year-old Sean Shuler, 26-year-old Javon Abney, and 24-year-old Tyrik Hagood on Jan. 26, 2019.

Winston is also charged with conspiracy, three counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm.

During a June 17 hearing, defense attorney Kevin Irving objected to the prosecution bringing up Winston’s prior felony conviction for unlawful possession of a firearm. He argued that the jury would be unduly prejudiced by learning of the prior felony conviction.

Judge Lee ruled he would limit prejudice by providing the jury instructions on how to use the information and by preventing the prosecution from saying “felony” when mentioning the prior conviction.

Irving then brought up a motion to exclude testimony from a cell data expert that the prosecutor intended to call to the stand. According to the prosecution, the expert intended to testify to 12 hours of the defendant’s calls and use cell tracking data to establish Winston’s location during those calls.

Irving objected to the expert testifying that cell phones typically connect to the nearest tower, a statement that Irving argued was not always true. Judge Lee agreed with the defense but ruled that the cell data evidence would be admissible and that Irving would be free to bring the matter up during his cross-examination of the expert.

Irving also motioned to sever Winston’s case from his co-defendant Rakeem Willis, 31.

Judge Lee said he avoided broaching the severance issue because he would not be the presiding judge for the trial. Both parties agreed to wait on the issue.

According to court documents, Metropolitan Police Department officers found the three victims suffering from gunshot wounds near and inside a car parked on the 1500 block of Fort Davis Place, SE. All three victims were pronounced dead at the scene.

Jury selection for this case is scheduled for Aug. 10.

Document: Homicide on 14th Street, NW

Metropolitan Police Department detectives are investigating a fatal shooting on 14th Street, Northwest on June 19.

At approximately 8:48 p.m., officers were called to shut down a large event that was happening at a location on 14th Street, NW.

Upon arrival, officers located five people, including 15-year-old Chase Poole; an adult female and two adult male victims along with a MPD officer suffering from gunshot wounds.

According to the press release, the juvenile victim was pronounced dead after being transported to the hospital.

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