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Document: 7-Year-Old Child Struck by a Vehicle

Metropolitan Police Department detectives are investigating a traffic crash that occurred on July 25, on the 1800 block of Mississippi Avenue, SE.

At approximately 6:50 p.m., an 11-year-old male was driving a 2020 Kia Optima around a parking lot when he lost control of the vehicle and struck a 7-year-old child. The victim was transported to a hospital for serious, but non-life threatening injuries.

Document: Police Arrest Suspect in Domestic Homicide on Webster Street, NE

The Metropolitan Police Department arrested a suspect July 26 in connection with a domestic-related homicide that occurred earlier that day on the 600 block of Webster Street, NE.

According to a press release, officers found 69-year-old Marilyn Payne suffering from a gunshot wound. She died on the scene.

Officers arrested 30-year-old Anna Payne and charged her with second-degree murder while armed.

Homicide Defendant Demands New Attorneys

In a July 26 hearing, a homicide defendant demanded new attorneys.

Daryl Thompson, 33, also known as Darryl Tompkims, is indicted on 14 charges, including two counts of first-degree murder while armed, assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside of a home or business, obstructing justice and threat to kidnap or injure a person for his alleged roles in the deaths of Edward Roberts Jr. and Tyler McEachern. Roberts, 29, was fatally shot on the 3500 block of 14th Street, NW, on July 30, 2016. McEachern, 23, was fatally shot on the 3100 block of Buena Vista Terrace, SE, on Aug. 29, 2016.

 Thompson expressed his desire to fire his defense attorneys Dana Page and Pierce Suen upon entering the courtroom.

Thompson told DC Superior Court Judge Maribeth Raffinan that his attorneys, despite his objections, proceeded to challenge a Nov. 10, 2021, report filed by the DC Department of Behavioral Health (DBH) that found him competent to stand trial. 

“My attorneys are making me incompetent,” Thompson said. “I’m competent.”

DC Superior Court Judge Craig Iscoe initially found Thompson incompetent to stand trial on Aug. 28, 2018, ordering the defendant to receive treatment at St. Elizabeths Hospital, DC’s psychiatric institution. DC Superior Court Judge Neal Kravitz denied the prosecution’s request for forced medication to restore competence on Sept. 8, 2021.   

Judge Raffinan ruled that the burden of proof for the hearing will be on the prosecution to prove the defendant’s restoration to competency by a preponderance of the evidence. 

Judge Raffinan also ruled Thompson’s competency needs to be determined before the court can address his request for new attorneys. 

“I don’t want these attorneys to represent me,” Thompson said. 

Thompson filed around 60 pages of documents on his own behalf before leaving the courtroom. 

Judge Raffinan ruled that the papers would be copied and distributed, despite the defense attorneys’ wishes that the papers would be held until after the competency ruling. 

Judge Raffinan scheduled the next hearing for Jan 12. 

Judge Denies Motion for Continuance in Murder Case

DC Superior Court Judge Milton Lee denied the prosecution’s motion for continuance during a July 26 hearing.

Co-defendants Alonzo Brown and Naquel Henderson are both charged in connection with the fatal shooting of 22-year-old Michael Taylor on the 1700 block of Benning Road, NE on Jan. 12, 2019.

Brown is currently in quarantine for COVID-19 at the DC Jail and was not present at the hearing.

He is represented by defense attorney Steven Kiersh.

Henderson is represented by defense attorneys Julie Swaney and Lisbeth Sapirstien

The prosecution had filed a motion for continuance due to the availability of a new prosecutor assigned to the case.

The defense argued that this motion did not provide “good cause” to delay the trial and the defendant’s speedy trial rights should not be interrupted due to the availability of a newly added prosecutor.

The defense attorneys argued that if the defendants were released to home confinement, then the defense may be more agreeable to a later date. 

The defense also noted that the trial is currently set for Oct. 5 and this later date would likely push the trial to 2024 due to the court’s busy schedule.

The prosecution responded stating that they are not agreeable to releasing the defendants.

Judge Lee agreed with the defense and denied the motion for continuance following the prosecution’s response.

The parties are set to return for another status hearing on Sept. 2.

Murder Defendant Requests Independent DNA and Ballistics Testing

DC Superior Court Judge Milton Lee presided over a status hearing where the defense requested independent DNA and ballistics testing.

Keith Hudson, 26, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, possession of a large capacity feeding device while armed, and carrying a concealed weapon outside the home or business for allegedly shooting 25-year-old Isaiah Glover on the 4100 block of Minnesota Avenue, NE on Feb. 9, 2021.

During the July 26 status hearing, the prosecution said DNA testing showed “strong support” for the inclusion of the defendant’s DNA on the magazine part of the handgun.

The prosecutor said he believes that this is the same handgun that was used in the shooting.

Defense attorney Michael Madden said he will seek DNA and ballistics testing through independent labs. 

Judge Lee set the next status hearing for Sept. 30, so the parties can check on the progress of the defense’s testing.

Judge Finds Probable Cause for 2021 Homicide Case

After three days of preliminary hearings, DC Superior Court Judge Robert Okun found probable cause in a 2021 homicide case. 

Amard Jefferson, 23, is charged with second-degree murder while armed for allegedly shooting his girlfriend’s friend, 20-year-old Kendall Brown, on Aug. 7, 2021, on the 3000 block of Nelson Place, SE, where Jefferson resided with his girlfriend. According to court documents, the shooting occurred after a verbal altercation between Brown and Jefferson concerning some missing items. 

During her redirect of the lead detective on July 26, the prosecutor played portions of the detective’s interviews with two witnesses to clarify the detective’s testimony about his investigation and the events of the shooting. 

According to the first witness’s interview, Jefferson said he would “call [his] mans,” to which Brown responded, “we’re just females, we’re not here to fight.”

The second witness confirmed this statement in her interview with the detective and said she told the defendant’s girlfriend to calm Jefferson down. 

Jefferson’s defense attorney, Jason Clark, reiterated, during his re-cross, the first witness’s memory blackouts and her statement to the detective that there were “blanks” in her memory of the shooting. He also said Brown did not have her hands raised before getting shot. 

During her closing argument, the prosecutor emphasized the escalation of violence caused by the defendant. 

“One thing all parties can agree on, in this case, is that this was a shooting that never should have happened,” the prosecutor said. “It was the defendant’s gun that turned a girl’s tiff into a deadly shooting.”

The prosecutor also refuted the defense’s argument of self-defense and mitigating factors by replaying the video of Brown and two witnesses entering the apartment and asking Judge Okun to focus on the girls repeatedly telling the defendant’s girlfriend, “we’re not here to fight, no one’s going to do anything to you.” 

“Mere words, no matter how offensive, are never adequate provocation. Use of a firearm here was entirely out of proportion,” the prosecutor argued. 

In addition, the prosecutor argued the defendant’s actions after the shooting showed his consciousness of guilt.

According to the prosecutor, after shooting Brown, Jefferson and his girlfriend locked her in their apartment and escaped through the back door before Jefferson discarded his firearm in a drainage hole one block away. They then fled the District of Columbia to Maryland, at which point Jefferson texted his girlfriend telling her to tell the police she pulled the trigger out of self-defense. 

The prosecutor then addressed the witness biases Clark had elicited during his cross-examination of the detective, including the bias of the first witness who was standing near Brown when she was shot. Although Clark had pointed out the witness had suffered from memory blackouts and hallucinations on the day of the shooting, the prosecutor argued, “that is a young woman suffering from trauma who just saw her close friend get shot.”

“It is important for the court to evaluate the prosecution’s only witness, the detective,” Clark stated at the beginning of his closing argument. “The prosecution’s theory is built on guesswork based on the detective’s overt bias, which he put on display in front of the court.”

Clark continued to point out multiple discrepancies between the detective’s testimony and the recorded clips of witness interviews, including whether Brown had raised her arms above her head before she was shot or while she was shot, which, according to Clark, was “a small but critical detail that the detective deliberately changed to mislead this court.”

“What it all boils down to in this case is that no one saw what happened,” Clark said. “Not one witness can place the gun in Mr. Jefferson’s hands. He did what he thought was necessary to defend his girlfriend, her child, and himself.” 

Judge Okun found probable cause after hearing the parties’ arguments. 

“I think probable cause is easily met,” Judge Okun said. “There is no doubt in my mind that the defendant was the one who killed Ms. Brown.” 

Jefferson will continue to be detained at the DC Jail until his next court appearance scheduled for Oct. 5, by which point the prosecutor expects to have a formal indictment ready. 

Murder Case Remains on Course for Trial

After overseeing a July 22 status hearing, DC Superior Court Judge Robert Okun determined that the murder case against a homicide defendant is still on course for trial.

Ernest Cleveland, 28, is charged first-degree murder while armed for allegedly shooting 39-year-old Edward Pearson. The victim was found at his apartment on the 2900 block of Connecticut Avenue, NW on Nov. 26, 2020. The cause of death was determined to be a gunshot wound to the head.  Cleveland is also charged with possession of a firearm during a crime of violence, assault with the intent to kill while armed, aggravated assault knowingly while armed, and unlawful possession of a firearm with a prior conviction.

At the status hearing the prosecution discussed the DNA evidence found at the scene of the homicide. The DNA has not yet been tested by the prosecution, but defense attorney Madalyn Harvey has requested to test the evidence. 

Cleveland returned to the DC Jail and is scheduled for a hearing on Oct.14. 

Defense Questions Detective on Witness Bias in 2021 Homicide Case

On July 25, the preliminary hearing for a homicide defendant continued with defense attorney Jason Clark questioning the lead detective of the investigation on his interviews with each witness and their potential bias. 

Amard Jefferson, 23, is charged with second-degree murder while armed in connection to the Aug. 7, 2021 shooting of 20-year-old Kendall Brown on the 3000 block of Nelson Place, SE where Jefferson resided with his then-girlfriend, who was Brown’s friend. According to court documents, the shooting occurred after a verbal altercation between Brown and Jefferson concerning some missing items. 

The first witness, according to the detective, used to live with the defendant’s girlfriend before moving out after an argument. The witness told the detective she, Brown, and the second witness were at the girlfriend’s apartment to pick up her clothes and alcohol on the day of the shooting. 

The witness also provided a video of her, Brown, and the second witness forcing their way into the defendant’s girlfriend’s apartment. The girlfriend can be heard saying “get out” before the three individuals make their way inside and engage in a verbal altercation with Jefferson and his girlfriend, the detective said.

The witness reported seeing a gun in Jefferson’s front pocket before Brown and the defendant began arguing in another room. The witness told Brown to “calm down” before she heard a gunshot and ran out of the apartment.

Clark asked the detective whether the witness had held any animosity towards the defendant and asked whether the witness and Jefferson’s girlfriend had ever been romantically or sexually involved. The detective said he was unsure. 

Clark questioned the detective about a text message from Brown to the defendant’s girlfriend stating, “you want [the witness] to be your gf fake gay ass.” He also pointed out a statement by the second witness, who said she believed the first witness and the defendant’s girlfriend “were going to get together in the future.”

Additionally, the detective said the witness admitted to having a memory disorder that occasionally led to blackouts, including on the day of the shooting. 

When Clark asked the detective about the second witness, the detective said the witness admitted she believed there could potentially be violence at the apartment before she went inside. The witness also saw Jefferson’s gun protruding from his pocket and heard the first witness trying to calm Brown down before the gun was fired. 

The third witness the detective interviewed, Jefferson’s girlfriend, said she had been getting harassed by the first witness about getting her clothes prior to the shooting.

The detective told Clark the girlfriend believed Brown and the others “were there to fight” and alleged that Brown punched Jefferson first before the two started fighting. 

Clark said the girlfriend had given several inconsistent statements to the police, including whether or not she saw Jefferson with a firearm and whether she and the defendant left the building through the front door or the back. 

DC Superior Court Judge Robert Okun scheduled the preliminary hearing to continue on July 26 for the prosecutor’s re-questioning of the detective. 

Judge Modifies Release Conditions for Homicide Co-Defendants

DC Superior Court Judge Rainey Brandt stepped back the release conditions for two homicide co-defendants during a July 22 hearing. 

Daivion Williams, 24, and Dijon Williams, 23, have been charged with felony murder while armed and first-degree murder while armed, respectively. The charges stem from a homicide on July 21, 2020, when Metropolitan Police Department officers responded to reports of a shooting on the 4100 Block of 14th Street, NW. Upon arrival, officers found Nurudeen Thomas suffering from a gunshot wound. 

Both brothers, Daivion and Dijon, appeared in court following violations of their release conditions. Judge Bradnt heard arguments from prosecutors and defense regarding their detainment. 

A pretrial services report revealed that Daivion was recently arrested for battery, following an incident where he allegedly hit his girlfriend in the chest and took her phone. Defense attorney Kristin McGough said there were other motivations involved, alleging that Daivion’s girlfriend used him to renew her apartment lease but had no intention of living with him. 

“I don’t agree that there is aggressive conduct in the scene,” McGough said, referring to the video of the assault. “He was being asked to leave a home he had a right to be in.”

Prosecutors further mentioned that the defendant’s mother was involved in the assault. Defense attorney David Knight, who is representing Dijon, argued that the allegation was an attack on the mother’s character, who was present in court at the time of the hearing. 

Since April, Daivion has had 13 curfew violations, ranging from 20 to 30 mins. McGough said the curfew violations resulted from Daivion’s handiwork business. She said traffic, along with the nature of Daivion’s work accounted for the 20-30 minute curfew violation. “I don’t think at this juncture he needs a curfew,” McGough said. 

“[Daivion] has been in and out of compliance more times than the court can count,” Judge Brandt said. “The court has adjusted curfews, it’s just not working. The icing on the cake is the rearrest.”

Defense attorney Andrew Ain is set to replace McGough in the case, representing Daivion.

Dijon’s violation of release conditions involved a high-speed chase, in which Dijon reached 93 mph. According to counsel, Dijon was returning from a Disneyworld trip with his family, which was allowed due to modifications of the defendant’s release. He is currently being detained in a Georgia jail until further notice.

Knight and his co-counsel, Suen Pierce  brought forth a complaint against Judge Brandt’s bench warrant for Dijon. “There wasn’t a legal basis to issue a detainer at that time,” Knight said. “ We are still asking the court to rescind the detainer that has been lodged.”

Judge Brandt said she is waiting to see how Dijon’s detainment in a Georgia jail unfolds. 

Arguing for his release, Knight and Pierce noted that Dijon has never been a loss of contact, always charges his GPS, and is not a flight risk. “He takes this seriously, and if he’s ordered to come up [to D.C], he will,” Knight said. 

Judge Brandt granted defense counsel’s request to put Dijon in 24-hour home confinement when released from the Georgia jail. 

Daivion and Dijon’s next court date is scheduled for Aug. 18.

Murder Defendant Rejects Plea Offer, Case Remains On Trial Course

During a hearing on July 22, a murder defendant rejected a plea offer in connection to a 2021 shooting. 

James Harper, 39, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm in connection to the shooting of 39-year-old Bret Desmarteau on the 100 block of Sheridan Street, NE on May 27, 2021. 

According to court documents, Desmarteau was parked behind Harper’s vehicle when the two began yelling at each other. Surveillance video shows Desmarteau approaching the vehicle when four gunshots were fired and he collapsed on the ground. 

On March 30, the prosecutor submitted a plea agreement offering to drop the second-degree murder while armed charge if Harper pleaded guilty to voluntary manslaughter while armed. 

Harper’s defense attorney, Marnitta King, rejected the plea offer on behalf of her client on Friday. 

DC Superior Court Judge Robert Okun scheduled an additional hearing on Sept. 23, when parties will discuss DNA testing. 

Judge Denies Bond for Murder Defendant

DC Superior Court Judge Maribeth Raffinan denied an appeal for bond review. 

Terrance Prue, 21, is charged with first-degree murder, three counts of possession of a firearm during a crime of violence, assault with a dangerous weapon, assault with significant bodily injury while armed, and carrying a pistol without a license in connection with a 2019 homicide. Prue is accused of allegedly shooting 39-year-old Bruce Gilmore in the parking lot at 3501 22nd St SE on June 5, 2019. 

Defense attorney James King argued for Prue to be released under the high intensity supervision program (HISP). King referenced unsafe conditions at the DC Jail, including two recent attacks that have caused hospitalization. 

“I don’t think that the government has shown that Mr. Prue is a flight risk or a danger to the community,” King said. Additionally, King noted the prosecution’s inability to meet the standard for substantial probability before the grand jury, Prue’s lack of criminal history, as well as the support of his family as reasons the defendant should be released.

Prue’s family members attended the hearing and took up two rows in the courtroom as well as numerous people who showed their support via WebEx. 

The prosecution argued that the circumstances of Prue’s case have not changed since the last bond review ruling. 

“I don’t see a basis to change Mr. Prue’s circumstances,” Judge Raffinan said as she denied release.

She said she will recommend that Prue be placed in the Correctional Treatment Facility of the jail. However, there is limited space in the facility, so it is not guaranteed that the defendant will be transferred. 

Judge Raffinan scheduled a status hearing on Dec. 8 and a motion hearing on Jan. 13.

Judge Reschedules Trial in Homicide Case

DC Superior Court Judge Maribeth Raffinan granted a homicide defendant’s request reschedule his September trial date. 

Khamari Perkins, 21, is charged with first-degree murder and possession of a firearm during a crime of violence. The offenses were committed during release. Perkins is accused of shooting Naseem Simpson, 18, on the 3000 block of 14th St NW on March 15, 2020. 

Perkins is represented by defense attorney Kevann Gardner who argued that the defendant did not get a proper chance to test DNA evidence. 

“I think that an individual’s right to DNA testing is vital,” said Judge Raffinan. She explained that the standard for continuing a trial date is if good cause is presented by the moving party. 

Judge Raffinan set an Aug. 4 deadline for the defense to begin the process of testing the DNA evidence. 

Perkins’ trial is rescheduled for Sept. 18, 2023. 

Judge Sentences Homicide Defendant to 14 years in Prison

DC Superior Court Judge Rainey Brandt sentenced a homicide defendant to 14 years in prison. 

In an April 26 hearing, Gregory Washington, 32, pleaded guilty to voluntary manslaughter while armed in the fatal shooting of 32-year-old Alie Labay on the 900 block of 21st Street, NE on the morning of Oct. 24, 2019. He was initially charged with s charged with first-degree murder while armed, possession of a firearm during a crime of violence and first-degree burglary while armed.

“You have chosen a greater path while incarcerated,” Judge Brandt told Washington during the July 25 hearing. “I hope that continues.”

Washington will serve five years of supervised release, in accordance with the plea agreement. Washington will also have to register as a gun offender. 

According to court documents, Labay was in a relationship with Washington’s ex-wife.

 “I am kindly appealing to the honorable judge to give the maximum sentence,” Labay’s father said. 

“The family does not want the defendant to inflict this pain on any other family,” Labay’s mother said in a letter to the court. 

Labay’s fiancée and brother also requested that Judge Brandt sentence Washington to the maximum sentence.

The prosecutor also read four additional impact statements, asking the judge to give Labay the maximum sentence.

The plea agreement stipulated a term of 14 years in prison. 

Washington’s defense attorney, Amanda Rogers, said that Washington is “prepared to serve that sentence.”

Rogers pointed to Washington’s accomplishments while in DC jail, saying he is the head of the detail unit, teaches religious classes, and is a peace ambassador. 

Rogers also described Washington as “the most soft spoken and peaceful client I have ever had.” 

Washington declined to speak. 

“You have my deepest condolences for the loss of your loved one,” Judge Brandt said to the family. “Nothing I can say in the next five or six minutes can take away a grieving family’s pain.” 

On the day of the incident, the couple was sleeping on the couch when the ex-wife awoke to the defendant tussling with the victim, according to court documents. The ex-wife tried to separate the defendant from Labay but became afraid and fled to another room with her child. Shortly after, she stated that she heard two to three gunshots.

Judge Brandt agreed to the defense’s request to recommend that Washington be held at USP Allenwood in Pennsylvania. 

Murder Case Countinues After Prosecution Requests More Time

DC Superior Court Judge Milton Lee presided over a July 25 status hearing for a murder defendant.

Treavon Johnson, 24, is charged with second-degree murder for allegedly shooting John Edmonds on the 600 block of Jefferson Street, NW on July 26, 2021. 

The prosecution requested more time to receive an indictment before the parties go forward with arraignment.

The defense posed no objection to setting a new date.

Johnson’s next scheduled hearing is set for Sept. 2. 

Gun Found Blocks Away from Shooting, Detective Says

A detective for the Metropolitan Police Department (MPD) said the gun connected to a 2021 homicide was found a few blocks away from the shooting during a preliminary hearing on July 22. 

Amard Jefferson, 23, is charged with second-degree murder while armed in connection to the Aug. 7, 2021, shooting of 20-year-old Kendall Brown on the 3000 block of Nelson Place, SE. Jefferson resided with his then-girlfriend, who was Brown’s friend. According to court documents, the shooting occurred after a verbal altercation between Brown and Jefferson concerning some missing items. 

According to the detective, a handgun was found in a street drain. Ballistics testing found a match between the handgun and the casings recovered at the scene. 

The detective also showed photos of the building and a diagram of the apartment layout from the Department of Forensic Science. Three shell casings were recovered from the scene. 

The prosecutor also played a video provided by a witness who recorded Brown and her friends entering the apartment and engaging in a verbal altercation with Jefferson and his girlfriend. The video ended before the shooting occurred. 

The detective said the autopsy report stated the bullet entered Brown’s body through her armpit area, which, according to the detective, was consistent with Brown raising her hands above her head before being shot. 

The prosecutor showed the detective text messages between Jefferson and his girlfriend a few days after the shooting when Jefferson was incarcerated. The texts depict the two discussing what they would tell the police about the shooting. 

Defense attorney Jason Clark asked the detective if there was any evidence that Jefferson could have acted in self-defense. The detective answered no.

DC Superior Court Judge Robert Okun scheduled the preliminary hearing to continue on July 25 to complete the detective’s cross-examination.