Parties Prepare to Re-Try Murder Case Following Consequential Appeal

In August 2020, the reversal of a murder conviction rippled through the DC Superior Court, touching enough cases that the defendant’s last name became like jargon. Now, parties are preparing to take the case to trial again.

The defendant is Eugene Burns. Nearly five years ago, a jury convicted him of first-degree murder while armed among other offenses for his alleged role in the fatal shooting of Onyekachi Osuchukwu III on Nov. 14, 2015, in an apartment on the 2900 block of Second Street, SE. The homicide was believed to be the result of a drug-related dispute.

Burns was scheduled to be arraigned on charges of first-degree murder while armed, possessing a firearm during a crime of violence and carrying a pistol without a license on Feb. 22. However, he was unable to be present that day and the arraignment was vacated.

DC Superior Court Judge Marisa Demeo requested that the defendant be present either in person or remotely in the months leading up to his new trial.

During Burns’ first trial, the prosecution showed the jury cell phone data indicating that the defendant allegedly googled questions such as “how to kill your best friend” and “does God forgive murderers.” A pretrial motion to suppress this evidence was denied.

While this evidence may have paved the way for Burns’ first conviction, it also paved the way for his successful appeal.

“Police sought search warrants that authorized an unlimited review of the contents of his cell phones for ‘any evidence’ of murder even though the warrants were supported by affidavits that established probable cause for only three narrow and discrete items of data,” wrote Judge Neal Kravitz in the opinion. “The warrants were thus overbroad and lacking in probable cause and particularity, and the warrant judge should not have issued them.”

Since then, motions regarding cell phone data in other murder cases have occasionally been colloquially referred to as Burns motions in DC Superior Court hearings.

Still, this was not the only issue that led to the convictions being reversed. The Chief Medical Examiner’s testimony at trial relayed the findings of the Deputy Medical Examiner, who performed Osuchukwu’s autopsy. “Because those findings, set forth in the autopsy report and other materials maintained in the autopsy file, were made in the context of an ongoing police investigation of a homicide, the findings were “testimonial” and their communication to the jury through the Chief Medical Examiner’s testimony violated the Confrontation Clause,” the opinion states.

Burns is expected to go to trial in December. He is scheduled for a status hearing on April 4.

Second Suspect Arrested After 33-year-old is Beaten to Death

Two weeks after a judge ruled that the case against a man accused of murdering his cousin, 33-year-old Andre Robertson, has enough evidence to go to trial, the Metropolitan Police Department announced another arrest has been made in connection with Robertson’s death.

Officers found Andre Robertson unconscious near a street corner in Clay Terrace after they were alerted to a suspected assault close to midnight on Oct. 1, 2021, according to police. The victim succumbed to his injuries on Oct. 2 and his case of death was deemed to be blunt force trauma. His autopsy found multiple injuries including a subdural hemorrhage.

Video footage captured moments from the deadly encounter near the corner of Clay Terrace, NE, and 53rd Street, NE. Court documents describe the course of events as “fast moving,” and the detective stated he did his best to describe them as accurately as possible in the affidavit for Darius Robertson, Andre Roberson’s cousin and the first person arrested in connection with the homicide.

According to court documents, Andre Robertson “walks strongly” towards 28-year-old Darius Robertson from behind.

“When the decedent is close to Robertson, Robertson turns and punches the decedent,” the affidavit states. “The decedent either right before or in response appears to raise his left elbow (and/or possibly hit Darius Robertson). A physical fight between Robertson and the decedent follows during which they fell to the ground.”

Three other individuals respond to the altercation. One pulls Andre Robertson away from Darius Robertson. Another drags Darius Robertson away.

After one of the individuals appears to pull out a gun, a man identified as Antonio Hensley allegedly attacks Andre Robertson. Hensley, 29, was arrested in connection with Andre Robertson’s death on Feb. 23.

Hensley’s arrest comes a little more than two months after Darius Robertson’s. Both suspects face a second-degree murder charge.

During Darius Robertson’s preliminary hearing on Feb. 18, defense attorney Michael Madden argued that his client was provoked during his interactions with the victim and other witnesses, D.C. Witness previously reported. He pointed to a part of the video that shows him being pushed up against a fence while trying to leave. Instead of fighting back, the defendant apparently attempts to get away from the group at one point.

Darius Robertson’s next hearing is scheduled for June 3. Hensley has not yet been arraigned.

Domestic Violence Defendant Enters into Alford Plea

A domestic violence defendant accepted a plea deal without admitting to a criminal act, in what is known as an Alford plea.

William Johnson III, 38, got into an argument with his relative last December that ended with Johnson stabbing him twice in the chest and once in the arm, according to the prosecution. The defense counsel noted that Johnson was highly intoxicated at the time of the incident, causing him to blackout and to forget certain details of the incident.

An Alford plea allows Johnson to submit that the prosecutor has enough evidence to convict him without outright admitting that he committed the crime.

The defendant was initially charged with assault with intent to kill while armed. During the Feb. 23 hearing, he pleaded down to assault with intent to kill, which carries a maximum sentence of 15 years in prison.

Defense attorney Wole Falodun asked DC Superior Court Judge Rainey Brandt to release Johnson into the High Intensity Supervision Program as he waits to be sentenced. He said his client could stay with another family member, away from the location of the incident. The prosecutor objected to this request.

Judge Brandt denied the request, saying no supervision could stop him from consuming alcohol. She also cited his past arrests, three of which involved probation violations. Judge Brandt said she is not comfortable with him staying with a different family member when the incident itself involved a family member.

Johnson is scheduled to be sentenced on May 13.

One of US Marshals’ 15 Most Wanted Arrested in Gender Reveal Party Homicide

After spending nearly a year wanted for murder, Nyjell Outler was apprehended in Florida.

Outler, 19, allegedly shot two men at a gender reveal party on March 20, 2021, on the unit block of Madison Street, NE. One of the men, 21-year-old Demetris Johnson, succumbed to his injuries. The Metropolitan Police Department (MPD) identified Outler as their suspect less than a week later. At the time of the shooting, he was on pre-trial release for a gun charge, according to the U.S. Marshals Service (USMS).

“I am grateful for the collaborative investigative efforts between MPD members and our federal partners at the USMS that led to the apprehension of Outler, holding him accountable for his reckless actions,” said MPD Chief Robert J. Contee III. “Thank you to our community, near and far, that led us to his whereabouts and ultimately aided in bringing long sought-after justice to the victims’ families.”

Members of the US Marshals Florida Caribbean Regional Fugitive Task Force apprehended Outler in South Bay, Fl. on Feb. 23, according to an MPD press release. He is currently going through the extradition process and is expected to be charged with second-degree murder while armed.

“I know we were all very gratified to hear of Nyjell Outler’s arrest in Florida today,” said U.S. Marshal for the Superior Court of the District of Columbia Robert Anthony Dixon. “I commend the members of the Marshals fugitive task forces and our partners who have worked so diligently to find him so he can finally face justice.”

Document: Fatal Shooting in Southeast, DC

Metropolitan Police Department detectives are investigating the fatal shooting of a 22-year-old man.

According to a press release, at approximately 11:13 a.m. on Feb. 22, officers responded to the 2700 block of Bruce Place, SE, for the report of a shooting. There, they found Marcquael Chambers suffering from apparent gunshot wounds. He was pronounced dead at a local hospital.

Document: Victim Identified in Shooting

The Metropolitan Police Department has identified a victim in relation to a shooting that took place on Feb. 22.

At approximately 3:39 p.m. officers arrived at the 1500 block of North Capitol Street, NE, due to a report of a shooting. Upon arrival, officers located 34-year-old Miana Luckett with a gunshot wound. She later succumbed to her injuries, according to the press release.

Prosecution to Work on Turning Over Evidence Ahead of Preliminary Hearing

The defense counsel in a murder case requested a preliminary hearing as they seek to receive more evidence from the prosecution.

On Nov. 14, 2021, police found two men on the 2000 block of Bruce Place, SE, suffering from gunshot wounds. One of them, 52-year-old David Williams, succumbed to his injuries. David Jenkins, 33, is charged with first-degree murder while armed in Williams’ death.

During the most recent hearing for this case on Feb. 22, the defense counsel requested surveillance footage from the time of the shooting. The prosecution said they should be able to hand over the rest of the video footage by Feb. 27.

At the defense’s request, DC Superior Court Judge Rainey Brandt scheduled a preliminary hearing for April 27. The hearing will determine if the case has enough evidence to go to trial.

Judge Finds Probable Cause in Case of 76-Year-Old’s Homicide

A DC Superior Court judge ruled that the evidence against a defendant accused of killing a 76-year-old man is enough to bring his case to trial.

On Sept. 28, 2021, 57-year-old Clifton Browne was called to work on a house on the 1300 block of Kalmia Road, NW. The victim, Luther Brooks, was living in the basement but the landlord reportedly wanted to kick him out and convert the basement into an Airbnb.

As the landlord showed Browne around, she knocked on the basement door and an argument with Brooks ensued, according to court documents. Browne allegedly kicked down the door, prompting Brooks to strike him with a stick. Browne allegedly fought back and “pummeled” him, dragging Brooks out the back door.

Brooks died three days later. The cause of death was ruled to be blunt force trauma.

During the Feb. 16 preliminary hearing, the prosecution called the lead detective on the case to the witness stand and played an audio recording of a conversation between the detective and the defendant.

In the recording, Browne could be heard saying, “I blacked out, I went berserk,” describing his actions as self-defense. Although he is younger, Browne is shorter and lighter than Brooks.

The prosecution argued that Browne fought back against Brooks with excessive force.

After making a finding of probable cause for the charge of second-degree murder, Judge Marisa Demeo denied the defense’s request to release Browne into the High Intensity Supervision Program, citing his prior assault convictions.

The next hearing is scheduled for April 21.

Prosecutor Must Turn Over Video Evidence Ahead of April Murder Trial

A DC Superior Court judge set a deadline for a prosecutor to turn over video evidence in a murder case set to go to trial this spring.

Diquan Lucas, 25, is accused of fatally shooting Brian Butler, 33, on the night of Nov. 21, 2019, after an altercation on the 2300 block of Ainger Place, SE.

DNA evidence was collected from the crime scene, according to court documents. During the most recent hearing for this case on Feb. 22, the defense waived their right to conduct independent DNA testing.

As parties prepare to take this case to trial in April, defense attorney Roderick Thompson said he needs the video of three witness statements collected shortly after the shooting. These witnesses were minors when the homicide happened.

The prosecutor opposed this request, arguing the transcripts should have been more than satisfactory for the defense. She said the witnesses were uncomfortable with their identities being released to the defendant and maintained that it would put them at risk.

Thompson pointed to parts of the transcript that suggested the witnesses were using hand gestures and pantomiming when giving their statements, arguing it was vital for them to see this so they could form a full defense.

Judge Milton Lee decided the prosecutor should turn over the video evidence, but issued a protective order so only Thompson and his client could see it. He also agreed to withhold the names of the witnesses.

The next hearing is scheduled for March 9.

Court Documents Detail Investigation into DC’s Most Recent Mass Shooting

The suspected perpetrator of a mass shooting in January was recently arrested. Here is what you need to know.

Gerald Thomas, 18, is charged with second-degree murder while armed in the death of 20-year-old Dasha Cleary. The shooting took place during the early hours of Jan. 27 and left four people injured and one dead, according to the Metropolitan Police Department (MPD). Three women, including Clearly, and two men were shot.

Cleary died from her injuries at a local hospital the day after the shooting. A judge signed Thomas’ arrest warrant on Feb. 11 and Thomas was arrested eight days later.

Five women and six men attended a party at the Days Inn hotel on the 4400 block of Connecticut Avenue, NW, according to court documents. It was described by attendees as a “lingerie party” in a single room. The organizer of the gathering, who is one of the surviving victims, was dating Thomas at the time. She planned the event as a surprise birthday party for one of the witnesses. The defendant was not initially present at the party.

Crime scene technicians recovered 9mm and 40 caliber expended cartridge casings and observed multiple bullet holes in the walls of the hotel room. The locations of the casings indicated 9mm rounds had been fired towards the door from inside the room and in the opposite direction of where Cleary was located. A detective concluded that the perpetrator opened fire from the door and a second individual in the room with a gun returned fire in self-defense.

Investigators located a 9mm handgun in the flight path of the male victims. It contained a 30-round magazine with seven rounds of 9mm ammunition, not including the round in the chamber. The two men could be seen on surveillance footage helping each other down the stairwell and of out the hotel. Surveillance footage from a local hospital shows the two being dropped off by a white SUV, according to court documents.

An MPD detective interviewed both men. They were uncooperative about their whereabouts until detectives confronted them with the evidence they had.

The detective told one of the two male victims that Washington, DC has a self-defense law and that whoever fired at the perpetrator may have saved lives. Still, neither of the men confessed to returning fire, according to court documents.

On Jan. 28, two additional witnesses were detained in an unrelated search warrant by the U.S. Marshals Service.

The two witnesses told detectives they were smoking outside the Days Inn on the night of the shooting while the party was still going on. Reportedly, a Black man wearing a full army fatigue mask and all-black clothing approached them with an anxious demeanor. One of the witnesses said he thought the man was on drugs based on his general mannerisms. The man reportedly asked multiple times to get into the building, which requires a key card, and use the elevator.

The two witnesses let the man into the building, which is when one of them said they saw an extended magazine and the hint of a handgun sticking out of his coat pocket. They allowed him access to the elevator before getting off on the second floor. According to court documents, the witness reported hearing the sound of gunshots approximately 30 minutes after letting the man into the elevator.

The party’s organizer reportedly told a friend she was worried because her boyfriend, Thomas, was on his way to the hotel. Her friend told her not to worry because Thomas did not know the room number, according to court documents.

Minutes later, Thomas reportedly knocked on the door and asked about his girlfriend’s whereabouts. A friend told Thomas nobody knew her at all. Thomas then allegedly fired at least 20 rounds.

Detectives interviewed the girlfriend after she came out of surgery. She reported a number of things that were inconsistent with the MPD’s investigation. She first said she did not want to talk to the police and did not know who shot her. She later said her boyfriend came to the hotel to get her because other men were in the hotel room and Gerald believed she was cheating on him with one of them. She also said someone who was not her boyfriend shot her because she slammed the door in the defendant’s face and that the defendant may have shot back.

The woman identified her boyfriend as “Gerald” but refused to provide a last name. “It did not appear that [the girlfriend] was being fully truthful,” the affidavit states.

During a second interview, the girlfriend provided a positive ID of Thomas on surveillance footage as well as his last name. She said she did not see anybody shoot back and that the decedent was the first to be shot. It’s still unclear whether the decedent was the target of the shooting or if the suspect had a target at all.

On Feb. 19, Thomas was arraigned before DC Superior Court Judge Laura Cordero, who ordered him detained at DC Jail. He is being represented by public defender Jacqueline Cadman and is scheduled to return to court on March 3.

Judge Finds Substantial Probability After Parties Scrutinize Footage of Deadly Encounter

A DC Superior Court judge found substantial probability in the case of a fatal shooting last October.

Javon Duckwilder is charged with first-degree murder while armed in the shooting of 23-year old Juwan Smith on Oct. 23, 2021, at a BP gas station on the 2800 block of Alabama Avenue, SE.

The 24-year-old defendant was offered a plea deal for second-degree murder, but this was rejected.

During the Feb. 15 preliminary hearing, the prosecution questioned the lead detective on the case about evidence obtained during the investigation into Smith’s death, including video footage showing what happened at the gas station that night.

The footage shows Duckwilder walking from Naylor Road, SE, while Smith was pumping gas. After Duckwilder leaves the gas station, he and Smith begin conversing. The conversation quickly escalates into an argument that continues towards a bus stop. Smith turns his back to Duckwilder as the altercation seemingly dies down. With Smith’s back turned, Duckwilder reaches into his coat pocket, pulls out a pistol and fires in Smith’s direction. The defendant then appears to flee the scene. No weapons were found on Smith when first responders arrived.

The prosecutor explained how Duckwilder can be seen wearing a Redskins hat, a colorful jacket and red New Balance shoes in the footage. He was wearing the same attire when he was arrested that same night.

When Duckwilder was apprehended, he allegedly had a gun in his possession that matched the shell casings found at the crime scene. Defense attorney Jesse Winograd said that, during the investigation, only three of the shell casings would have fit Duckwilder’s weapon. The other two belonged to another weapon that was not recovered. Winograd argued that his client most likely only fired his weapon in response to two previous gunshots.

Winograd replayed the video of the fatal encounter, attempting to show that the victim made a quick movement before he was shot.

The prosecution pointed out how Duckwilder appeared to check his surroundings before firing his weapon at close range.

“Duckwilder was clearly the aggressor and did not flinch or duck while shooting the decedent,” the prosecutor said. She asked Judge Milton Lee to make a finding of substantial probability, a higher standard than probable cause.

Winograd said his client was being surrounded by two men at the gas station and argued no one really knows who the aggressor was.

“Smith turns and dips down before the gunshots occurred,” he said.

After making a finding of substantial probability, Judge Lee denied the defense’s request to release Duckwilder from DC Jail due to his violent criminal history.

Parties are slated to reconvene for a status hearing on May 2. The prosecutor hopes to have an indictment by then.

Homicide Defendant to Consider Prosecution’s Plea Offer

A homicide defendant has been offered a plea deal and will begin to go over it with his attorneys.

Gregory Washington is charged with first-degree murder while armed, possession of a firearm during a crime of violence and first-degree burglary while armed. The 32-year-old defendant is accused of shooting 32-year-old Maryland man Alie Labay to death on the 900 block of 21st Street, NE, on the morning of Oct. 24, 2019.

During Washington’s most recent hearing on Feb. 17, the prosecution said they extended a plea offer that will expire by March 3. The offer would allow the defendant to plead down to a lesser homicide charge and have his other charges dismissed.

Washington previously declined other plea offers, including one for second-degree murder while armed in September 2021.

DC Superior Court Judge Rainey Brandt scheduled the next hearing for March 17. If Washington does not plead out, this case is still expected to go to trial in late May.

Document: Arrest Made in a Homicide on Bladensburg Road, NW

Metropolitan Police Department (MPD) arrested a suspect for a homicide that occurred on Feb. 19, 2022.

According to the press release, the MPD arrived at the report of a shooting inside a building on the 3000 block of Bladensburg Road, NW. The victim, 31-year-old Maurice McRae, was found inside the building with a gunshot wound.

According to the press release, McRae succumbed to his injuries endured by the shooting. On June 27, 2022, police located and arrested suspect Riley Benjamin, 31, for the murder of McRae. Benjamin is charged with second-degree murder while armed.

Sex Abuse Defendant Released into High Intensity Supervision Program

A DC Superior Court judge agreed to release a child sex abuse defendant from DC Jail with certain conditions in place.

The 23-year-old defendant is charged with first and second-degree child sex abuse for allegedly abusing two victims when they were less than 10-years-old.

On Feb. 18, defense attorney Julie Swaney argued for her client to be released with strict conditions, though the prosecution maintained he would pose a significant danger if released.

Swaney pointed out that the defendant does not have a criminal history but the prosecution alleged he has a serious pattern of this type of crime. According to court documents, one of the victims in this case disclosed multiple instances of sexual abuse.

Regarding flight risk, Swaney noted that her client’s passport has expired, preventing him from being able to use it to flee the country. Despite this, a member of one victim’s family worries there may be someone who could help him do so.

The prosecution said the nature of the alleged offenses are harmful to the victims and their families. Judge Maribeth Raffinan agreed that such a crime is “harmful, hurtful and impactful.” Still, she allowed the defendant to be released to live with a friend who confirmed that no minors reside in the home.

The defendant will be monitored under the High Intensity Supervision Program and must wear a GPS. He is scheduled to return to court for a felony status conference on March 10.

Judge Finds Probable Cause in Case of Clay Terrace Homicide

Darius Roberston is accused of beating his cousin to death at a street corner in the Clay Terrace neighborhood of Northeast, DC. On Feb. 9, a DC Superior Court judge ruled that his case has enough evidence to go to trial.

Andre Roberston was 33-years-old when he died of blunt force trauma on Oct. 2, 2021. According to court documents, the medical examiner could not pinpoint which of the victim’s multiple injuries caused his death.

The 28-year-old defendant allegedly assaulted his cousin close to midnight on Oct. 1, 2021, near the corner of Clay Terrace, NE, and 53rd Street, NE. He is charged with second-degree murder.

During the preliminary hearing, a Metropolitan Police Department detective took to the witness stand. Video footage of the homicide, as well as the autopsy, was shown.

When observing the footage, defense attorney Michael Madden noted that the defendant was seemingly attempting to avoid getting involved in a dispute with the individuals seen on camera.

Parties discussed whether the defendant had a gun. Madden argued the black object seen in the video footage was just his client’s hair since it was moving along with his body. Madden noted that the autopsy did not report visible marks on the victim’s face that could have been from a gun, but the detective said the defendant could have been striking his neck.

Madden went on to argue that his client was provoked during his interactions with the victim and other witnesses. He pointed to a part of the video that shows him being pushed up against a fence while trying to leave. Instead of fighting back, the defendant apparently attempts to get away from the group.

Judge Milton Lee ruled that the case has probable cause. Darius Robertson will remain held at DC Jail as he awaits his next hearing, which is scheduled for June 3.

Search