Case Acquitted: Man Arraigned on Murder, Firearms Charges in Reference to Brookland Shooting

This case was acquitted on Nov. 9, 2022.

A DC Superior Court judge arraigned a defendant on charges of second-degree murder while armed, possessing a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction for his alleged role in the deadly shooting of an 18-year-old in the Brookland neighborhood of Northeast, DC.

Mike Bidgell is accused of shooting Marquis Harrod on the 1300 block of Brentwood Road, NE, on June 6, 2020. The 26-year-old defendant was arrested less than two weeks after the homicide. Prosecutors filed the three-count indictment last December and Judge Maribeth Raffinan arraigned him during a Feb. 15 hearing.

Bidgell pleaded not guilty to all charges.

During the hearing, defense attorney Peter Fayne asked Judge Raffinan for a decision on a release motion filed while Judge Neal Kravitz was presiding over the case. Judge Raffinan decided to let Judge Kravitz address that motion.

An Innocence Protection Act hearing was requested to discuss DNA testing. That hearing is scheduled for March 17.

As parties prepare to take this case to trial in October, motions are due by Aug. 1 with responses due by Aug. 22. Expert notice from the prosecution is due by March 11.

Document: Suspect Wanted in Mass Shooting

The Metropolitan Police Department that an arrest warrant has been filed for mass shooting suspect.

On officers responded to the 4400 block of Connecticut Avenue, NW, on Jan 27 due to a report of a shooting inside a hotel. Upon arrival, they located three adult females with gunshot wounds and transported them to a local hospital. One of them, 20-year-old Dasha Cleary, later succumbed to her injuries. Two adult males also arrived at a local hospital for non-life-threatening gunshot wounds, according to the press release.

The MPD announced an arrest was filed for 18-year-old Gerald Thomas for second-degree murder while armed, according to the press release.

Murder Defendant to Remain in Jail After Judge Finds Probable Cause

A murder defendant will remain held at DC Jail after a judge ruled that the case against him has enough evidence to go to trial.

Darrell Moore, 44, is accused of shooting 37-year-old Julius Hayes to death on the afternoon of April 3, 2020, in a residential area of Northeast, DC. Hayes was shot six times on the 300 block of 18th Street, NE, and pronounced dead at a local hospital.

The preliminary hearing for this case began on Jan. 18. At that time, the lead detective took the stand to discuss evidence uncovered throughout the investigation. Parties reconvened on Feb. 15 to finish the proceedings so DC Superior Court Judge Milton Lee could decide if the case has probable cause.

A key issue discussed during the proceedings was a government witness placing Moore at the crime scene. The witness also has unrelated charges pending against them, as defense attorney Kevin Irving brought up. The witness allegedly said, “I can be whatever you want me to be” in an interview.

Irving argued this makes the witness unreliable, while also questioning testimony from other witnesses. He continued to question different aspects of the investigation when he resumed the cross-examination he began in January.

The detective said a witness identified Moore’s gun as a colt python, but Irving said they had never had a civilian witness call a gun by the official name. Irving also questioned if the detective was experiencing confirmation bias from believing the witness. He noted that only this witness identified the vehicle used in the shooting as a Ford Fusion. They also described the shooter to be a 5’10″ man, while Moore is 5’2”.

Irving alleged that the detective “cherry-pick[ed] the rumors that they liked” and that the prosecutor’s other evidence is only circumstantial when he argued against a finding of probable cause.

However, the prosecutor indicated that what Irving brought up was not their only evidence during his re-direct examination of the defendant.

A surveillance video from the lot where the shooting happened shows a man alleged to be Moore arguing with Hayes. The victim then turns a corner and the man alleged to be Moore follows. After gunfire breaks out, he stops at the car, pauses, turns back towards the corner and shoots once more. After this, he jumps in a black four-door vehicle and drives away.

The prosecutor said the vehicle was unique in that the license plate was in the passenger side window. During the investigation, it was found that Moore’s car, a black four-doored vehicle, had a license plate on the same passenger side window. A different witness said Moore was the only one to use the car.

Judge Lee decided that the case has enough evidence to go to trial and found probable cause. Irving requested his client’s release, but Judge Lee quickly shot that down, saying Moore was already convicted of a murder in 1994. Moore was released from prison in August 2020.

There will be a new hearing set on June 3, by which time the prosecutor hopes to indict the case.

Parties Schedule Preliminary Hearing in Sex Abuse Case

A month after a defendant was charged with child sex abuse, parties scheduled a preliminary hearing to determine if his case has enough evidence to go to trial.

The 49-year-old defendant was arrested and charged with first-degree child sex abuse more than 15 years after the alleged incident. He is accused of engaging in sexual acts with a girl who was 15-years-old at the time between September 2005 and June 2006.

The defendant was released after his arrest and a Pretrial Services Agency officer told the court during a Feb. 7 hearing that he has been fully compliant with his release conditions. The prosecution noted that they had recently sent over evidence and a plea offer to the defendant’s former lawyer. They are now working to get all of the information to his current attorney, Joseph Wright.

Given that this evidence is being exchanged, parties agreed to set a preliminary hearing date. Judge Maribeth Raffinan scheduled the proceedings to take place on April 19.

Plea Offer Pending for Child Sex Abuse Defendant

A defendant in a child sex abuse case is considering a plea deal as his defense counsel waits to receive new evidence.

The 52-year-old defendant is charged with second-degree child sex abuse for allegedly abusing his two preteen goddaughters last May. According to court documents, the defendant allegedly admitted to touching the victims inappropriately but says he does not know what happened beyond that. He was arrested two weeks after the alleged crime.

During his most recent hearing on Feb. 15, defense attorney Rachel Cicurel said she is waiting on more evidence to review before they made a decision on a recent plea deal offered by the prosecution.

Judge Maribeth Raffinan scheduled a status hearing for April. 1. In the meantime, the defendant will remain on pretrial release. An officer with the Pretrial Services Agency was present in the courtroom and said the defendant has been compliant with his release conditions.

Attorneys Struggle with Video Evidence in Murder Case

Attorneys are experiencing technical issues with video evidence in a murder case.

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

Evidence in this case includes video footage of the defendant being robbed the night before the homicide as well as footage of the incident itself.

The footage from the night before cannot be viewed by attorneys on either side. During a Feb. 15 hearing, defense attorney Jacqueline Cadman said this is a Brady issue, referring to a prosecutor’s obligation to turn exculpatory evidence over to the defense. However, the prosecution does not agree.

The defense is planning to file a motion on the video. In the meantime, the prosecutor will respond to a defense motion requesting Davenport’s release from DC Jail.

Video footage from the homicide itself has also had issues, with only the prosecution being able to view it.

The court is scheduled to reconvene on March 16 to discuss motions regarding the video footage.

Defense Requests More Time to Review Evidence in Child Sex Abuse, Kidnapping Case

A defense attorney requested a 60-day continuance to review evidence in a case with a 15-count indictment.

The 60-year-old defendant is charged with 14 counts of child sex abuse and one count of kidnapping for allegedly sexually assaulting his 11-year-old niece. According to court documents, in January 2021, an unknown individual alerted a school counselor that the victim disclosed the alleged abuse to them. The defendant was arrested shortly after and went on to be indicted in November.

During the most recent hearing for this case on Feb. 14, defense attorney Ronald Resetarits asked for the continuance so he could review the evidence he has and come back to court with a possible resolution for the case.

Parties are set to reconvene on April 21.

Missing Evidence Sparks Arguments in Case of Metro Station Murder

The prosecutor in a murder case has yet to send the defense certain evidence they requested, leading to arguments in court.

Kirk Spencer, 26, is charged with first-degree murder while armed in connection with the deadly shooting of 49-year-old Marcus Covington on Feb 23, 2021, at the Anacostia Metro Station located on the 1000 block of Howard Road, SE. He was arrested soon after and is currently awaiting indictment.

During Spencer’s most recent hearing on Feb. 8, defense attorneys Jacqueline Cadman and Rachel Cicurel said they have yet to receive two pieces of evidence- the original warrant from the lead detective and an email sent by the same detective containing the warrant as well as an affidavit.

The prosecution was adamant that they had sent an equivalent form to the defense. The form that they had sent had some additional notes attached to it but they could not find the exact original email signed by the detective.

“I do not see what you want me to do,” said DC Superior Court Judge Milton Lee. The defense explained that the email and document should be saved somewhere in the prosecution’s files and they simply want it sent to them. They had become frustrated as this is the third time they have asked for this information, yet the prosecutor insisted that the information they have sent should have been sufficient and this was unnecessary.

Judge Lee told the prosecutor they have to send the information to the defense and if they cannot, they must have a solid reason as to why. Judge Lee also asked the prosecutors to do their best to have the case indicted before the next hearing, which is scheduled for May 3.

Document: 20-Year-Old Fatally Shot in Southeast, DC

Metropolitan Police Department detectives are investigating the deadly shooting of a 20-year-old man on Feb. 15.

According to a press release, at approximately 8:28 p.m., officers responded to the 3800 block of 9th Street, SE, for the report of a shooting. There, they found Vincent Robison suffering from apparent gunshot wounds. He was pronounced dead on scene.

Co-Defendants Plead Guilty to Deadly Shooting in Northeast, DC

Two co-defendants pleaded guilty to voluntary manslaughter while armed in connection with a deadly shooting in Northeast, DC, on a spring night in 2020.

On April 29, 2020, Daquan Anglin and Derrick Kearney arrived at the 900 block of 19th Street, NE, in a dark blue Jeep Cherokee and attempted to steal Devonte Speight‘s dirt bike. The encounter ended with Speight being shot in the abdomen. The 26-year-old died later that night.

Anglin and Kearney, both 26, were arrested and eventually indicted on eight charges including first-degree murder while armed. The two pleaded guilty to voluntary manslaughter while armed during a Feb. 15 hearing.

As part of the plea deal accepted in this case, parties agreed to recommend a sentence of six to 11 years in prison for Anglin and eight-and-a-half to 11 years in prison for Kearney.

Judge Maribeth Raffinan scheduled the sentencing for May 20. Members of Speight’s family plan to be present in court for the hearing.

Attorneys Clash Over Evidence in Case of 2010 Homicide

DNA evidence in a murder case is now ”first in line” to be tested, according to a prosecutor.

The case in question stems from the deadly shooting of 66-year-old John Pernell more than 11-and-a-half years ago. He was killed on July 3, 2010, in what witnesses at the time said was an armed robbery that turned fatal. More than nine years went by before police arrested Kavon Young after DNA linked him to biological evidence obtained from the victim’s autopsy. A witness who agreed to cooperate with the government while serving time for a felony conviction also connected Young to the homicide, according to court documents.

Young, 31, is currently charged with first-degree murder while armed in Pernell’s death. During his most recent hearing on Feb. 11, a prosecutor said they were waiting on the results of DNA testing from Bode Technology, the private laboratory they have enlisted. However, they said they have been in contact with the laboratory and were bumped up to first priority for testing, so they are confident they will have it before the next hearing. They will then share it with the defense attorney Matthew Davies.

Davies was not satisfied with this and is requesting more discovery information, including videos of the witness statements and the identities of all witnesses. However, the prosecutor said witness safety would be endangered. They also said that witness statements were not recorded in 2010 and it is a newer practice to do so.

The defense asked Judge Milton Lee to require the prosecution to turn the evidence over, arguing that it would be an impediment to their investigations as well as the creation of a defense strategy if they did not. However, Judge Lee said he did not have the authority to do this. In other jurisdictions, they would have this ability, but in the DC Superior Court, a judge is not allowed to force prosecutors or defense counsel to turn over information that is not completely necessary to the case.

Judge Lee told the defense that if they can find relevant cases to support the notion that he is allowed to force the prosecutor’s hand he should file a motion soon.

Parties are expected to discuss this during the next hearing on April 1.

Murder Defendants Decline Plea Offer, Await Preliminary Hearing

Three co-defendants in a 2021 murder case declined a plea offer and are now awaiting a preliminary hearing, which will determine if their case has enough evidence to go to trial.

On the night of July 2, 2021, 21-year-old Rosendo Miller was found lying in the street with multiple gunshot wounds after he exited a store on the 1300 block of Brentwood Road, NE, and was allegedly robbed and gunned down by three individuals. The suspected gunmen, 22-year-old Mark Fletcher, 21-year-old Malik Bynum and 20-year-old Larry White were arrested that night. All three of them have been held at DC Jail ever since, facing charges of first-degree murder while armed.

During the most recent hearing for this case on Feb. 11, the defendants rejected a plea deal and DC Superior Court Judge Maribeth Raffinan scheduled a preliminary hearing for March 25.

Domestic Homicide Defendant Taken Off Home Confinement as He Awaits Indictment

A defendant charged with first-degree murder while armed in the death of his child’s mother was taken off home confinement.

On Dec. 30, 2020, 55-year-old Samuel Mack allegedly shot 35-year-old Erica Ward in an apartment on the 4700 block of Benning Road, SE. According to court documents, the two used to be in a relationship and began arguing that night after Mack brought their son over to visit. Mack was apprehended that same night. He was released into home confinement under the High Intensity Supervision Program (HISP) the following March.

Almost one year after his release, Mack remained on home confinement as he continued to await indictment. During a Feb. 14 hearing, parties discussed defense attorney Joseph Wong‘s recent motion to modify his client’s release conditions. In the motion, Wong pointed out that if Mack is taken off home confinement, he could still be subject to a GPS monitoring requirement and a 10:00 P.M. to 6:00 a.m. curfew.

Judge Robert D. Okun granted the defense’s motion.

The prosecution acknowledged the lack of an indictment in this case, noting that they usually put more focus on cases in which defendants are detained. They said they are trying to indict all detained cases from 2019 and 2020 first.

“We would like to ask for 60 days as we expect an indictment,” the prosecutor said.

A felony status conference is set for April 21, at which time the judge is expected to check on the status of the indictment.

After an Alleged Brass Knuckle Attack, Domestic Violence Defendant to Remain Jailed

After being arrested for allegedly assaulting a family member, a domestic violence defendant appeared in court asking to be released.

Defense attorney Sellano Simmons came into the Feb. 14 hearing with an optimistic attitude, giving several court attendees a thumbs-up as he entered. His client is charged with assault with a dangerous weapon for allegedly attacking a family member with brass knuckles that have a knife attachment. During the proceedings, Simmons asked DC Superior Court Judge Michael Ryan to release the defendant from DC Jail on GPS monitoring.

Simmons said his client could not live with his fiancé when released because she resides in Virginia, outside the court’s jurisdiction, but is planning on staying at a homeless shelter for the time being.

After looking over documents related to the case, Judge Ryan said he was shocked at the violent nature of the alleged crime. “This seems to be the action of someone who is out of control,” he said.

The family member suffered serious stab wounds and spent several days in the hospital, Judge Ryan continued. He denied the release request.

Simmons said he is waiting on the prosecution to offer a plea deal. The prosecutor said they should have one ready within the next few weeks so Simmons could go over it with his client.

The next hearing in this case is set to take place on March 9.

Parties Prepare for Murder Trial as DC Jail Re-Opens for Contact Visitation

As the DC Jail re-opens for contact visitation, detained defendants like 37-year-old Travis Russell can potentially gain more access to their legal counsel as they fight their cases.

Russell allegedly stabbed 44-year-old Michael Hooker to death with a sharp piece of glass on the 2700 block of Martin Luther King Jr. Avenue, SE, on May 26, 2019. When he was apprehended that same day, Russell had a noticeable cut on his left hand and his right arm was in a sling, according to court documents. The defendant was charged with first-degree murder while armed and has been held in jail ever since.

Defense attorney Mani Golzari requested a three-week continuance during the most recent hearing for this case on Feb. 9. The jail had not been allowing contact visitations to take place, and Russell said he cannot go over all the evidence with his client over the phone or with a glass barrier.

The DC Jail has set a Feb. 14 date for re-opening contact visitation.

DC Superior Court Judge Maribeth Raffinan scheduled parties to reconvene on March 31. Russell is scheduled to go to trial this coming June. In preparation for the trial, motions are due by March 21 with responses due by April 11.

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