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Murder Defendant Has Less Than One Month Left to Make Decision on Plea Offer

A murder defendant has less than a month left to decide if he wants to accept a plea deal.

Delonte Samuels is charged with first-degree murder while armed in the fatal shooting of 30-year-old Michael Bright on the night of Oct. 6, 2020, on the 1100 block of 45th Street, NE.  The homicide is alleged to have been a robbery gone wrong.

During the most recent hearing for this case on Feb. 9, the prosecution said the defense has not yet made a decision on the plea offer they extended. Defense attorney Janai Reed said she wanted extra time so her client could fully comprehend the terms and consequences of the plea.  

The defense has until March 4 to let the prosecution know if Samuels, 29, will accept or reject the plea deal. If he accepts it, two other cases he has open- one a felony and the other a misdemeanor- will be dropped.

DC Superior Court Judge Maribeth Raffinan scheduled parties to reconvene on March 18.

Trial Rescheduled for Re-Opened Murder Case

A DC Superior Court judge rescheduled a trial for a re-opened murder case at the prosecution’s request.

It was September 2015 when Stanley Moghalu was first charged with murder in connection with the 2011 fatal shooting of 27-year-old Ronald Smith, who was a government witness in an investigation into a 2011 homicide. Moghalu, 34, was convicted by a jury of 11 charges including first-degree murder while armed with aggravating circumstances and sentenced to 75-and-a-half years in prison.

After winning his appeal, Moghalu was scheduled to go on trial again in January 2023. However, during a Feb. 7 hearing, the trial was pushed to begin in March instead.

Defense attorney Johnathan Zucker took issue with the prosecution’s postponement request, saying his client has a right to a speedy trial and has been held for approximately seven years since he first picked up the case. Judge Robert Okun recognized this frustration but still agreed to the postponement due to the unavailability of a vital member on the side of the prosecution.

In preparation for the trial, any motions and expert notice are due by Oct. 3 with responses due on Oct. 5. 

The next status hearing for this case is scheduled for May 12.

Moghalu was granted a new trial due to the court’s requirement the first time around that his counsel discloses their defense strategy of trying to demonstrate that another person commit the alleged crimes – also known as a Third-Party Perpetrator (TPP) defense – to the prosecution ahead of trial, D.C. Witness previously reported.

Sex Abuse Defendant Sentenced After Pleading Guilty to Misdemeanor Charge

A sex abuse defendant was sentenced to serve 150 days in jail after he pleaded down from a felony to a misdemeanor charge.

“This is a serious crime despite pleading to a misdemeanor,” DC Superior Court Judge Robert Okun said.

According to court documents, John Flemming asked the victim if he could spend the night at her Barry Farm home. He told her he was homeless and the two had a mutual acquaintance, so she agreed to take him in.

“She was nice and she was paid back by waking up in the middle of the night by the defendant trying to push his penis in her vagina,” Judge Okun said.

The victim submitted a written victim impact statement, which was read aloud during the Feb. 7 proceedings. In it, she described the impact the crime had on her mental health.

 “I feel like I’m going crazy…I need for him to stay away from me,” she stated.

Fleming, 25, was arrested and charged with fourth-degree sex abuse in September. He was released into the High Intensity Supervision Program until the following December when he was sent to jail due to reported noncompliance with his release conditions.

Still, defense attorney Derrick Page pointed out that Fleming has not violated his stay away order, arguing that this helps show he is able to be released.

The prosecution’s offer allowed Fleming to resolve his case by pleading guilty to misdemeanor sex abuse. However, the plea deal did not include an agreement between parties to recommend a certain sentence or sentencing range, although the prosecution did agree to waive any sentencing enhancement papers. The maximum prison sentence for misdemeanor sex abuse is 180 days.

Page asked Judge Okun to release his client on time served. He spoke about how Fleming lost two members of his immediate family at a young age and spent the majority of his childhood in the custody of Child Protective Services. Because of this, Page said Fleming “missed out on the nurturing aspect that we get from our close family members.” 

Judge Okun sentenced Fleming to 180 days, 30 of which were suspended, followed by 18 months of supervised probation. He will receive credit for time served.

As part of his probation, the defendant must participate in a sex offender counseling group, alcohol and drug treatment programs and a mental health evaluation. He must also stay away from the victim and the location of the crime. However, he will not have to register as a sex offender.

Man Pleads Guilty to Mount Pleasant Homicide

Dedan Williams was initially charged with second-degree murder while armed for allegedly killing 38-year-old Andrew Tillman in the Mount Pleasant neighborhood of Northwest, DC. The 50-year-old defendant pleaded guilty to voluntary manslaughter while armed during a Feb. 8 hearing.

The two got into an argument in the third-floor hallway of an apartment complex at approximately 7:00 p.m. on Nov. 15, 2020. Williams pistol-whipped Tillman before chasing him down multiple flights of stairs with weapons in his hands. This caused Tillman to collide with multiple walls. Once outside, Tillman fell to the ground.

“While the decedent was on the ground, he slashed him twice,” the prosecutor said. “Responding officers saw the defendant outside the building with a gun in one hand and a knife in the other.”

As part of the plea agreement Williams took, parties agreed to recommend a sentence of exactly seven-and-a-half years in prison followed by five years of supervised release.

DC Superior Court Judge Rainey Brandt schedueld the defendant to be sentenced on April 13.

Decision Pending on Wired Plea Offer for Murder Defendants

Parties remain in discussions over a wired plea deal offered to two co-defendants in a murder case. The deal is conditional on both defendants accepting it.

Co-defendants Vorreze Thomas, Jr., 24, and Delonta Stevenson, 27, are charged in connection with the death of 32-year-old Terrance Allen. Allen was shot and killed on the 3000 block of Stanton Road, SE, on Jan. 18, 2021. The two defendants are charged with first-degree murder while armed but a plea offer for a lesser charge in on the table.

During a Feb. 7 hearing, parties said they are having difficulties coming to an agreement on if the offer should be accepted. 

DC Superior Court Judge Marisa Demeo scheduled an additional hearing for March 30. Parties are expected to decide on the plea offer by that hearing.

Makie Theodros wrote this article.

Judge Denies Motions to Suppress Evidence Ahead of Murder Trial

Parties discussed multiple motions in preparation for when a defendant charged with murder in September 2014 finally goes on trial.

Mark Bowser is charged with first-degree murder while armed for his alleged role in the death of 39-year-old Tracy Womack. On Sept. 20, 2014, Womack was found on the bedroom floor of a housing complex on the 4600 block of Benning Road, SE. Her clothes were cut off and she was suffering from multiple stab wounds, according to court documents. Bowser, 42, was arrested the next day and has been detained ever since.

During the most recent hearing for this case on Feb. 1, the lead detective was brought into court to provide supplemental information regarding several eyewitness statements.

During cross-examination, defense attorney Dorsey Jones challenged the detective on several details of the witness’s statements. A witness who was present at the time of the crime was under the influence of PCP when he saw the accused in the victim’s apartment. Three other witnesses who were outside of the apartment directly after the incident were under the influence of alcohol. They were also shown a single picture to confirm the defendant’s identity, rather than a line-up.

Several of the eyewitnesses who identified Bowser at the crime had also seen him during a grand jury proceeding prior to identification. The defense argued that this causes an immediate bias creating an unfair relation to Bowser and the criminal image since he was in handcuffs and an orange jumpsuit at the time. Jones also pointed out that the lead detective had not seen Bowser since 2017, arguing that his identification of Bowser could not withstand a jury’s scrutiny.

The defense also asked to suppress evidence that before the homicide Womack allegedly became angry at Bowser for not having sex with him and touched her inappropriately while she was under the influence. 

The defense argued this evidence had no pertinence to the trial. The prosecutor countered this, saying it showed that the victim was someone Bowser knew and that the homicide was not a random attack. 

Finally, the defense wanted to exclude a notice barring Bowser from the housing complex the victim was found in. Once again, the prosecutor said this was a relevant submission to show that the defendant has been in the area before.  

Once the examination of the detective had concluded Judge Milton Lee began in deciding key issues that had been brought up by Jones. Judge Lee said he has a responsibility to weigh the subjectivity of the issues brought up in the case against the relevance that they can influence a decision from the jury. He denied the motions to suppress any of the evidence dealing with eye witness testimony, leaving that up to jury interpretation once they hear both sides of the arguments.  

The prosecutor also wanted to make it clear that they would be bringing in two expert witnesses who would give testimony dealing with DNA extraction. This would help to illuminate red stains found on the defendant’s clothing. 

The trial is scheduled for March 16, almost eight years after Bowser was initially arrested. He is also charged with assault with a dangerous weapon and carrying a dangerous weapon in this case.

Multiple issues caused delays in bringing Bowser’s case to trial. In 2019, Bowser’s public defenders motioned to withdraw due to an agency-wide conflict, according to court documents. He was supposed to go to trial in April 2020, but his defense counsel asked for the trial to be postponed due to the COVID-19 pandemic. Then, in 2021, his lawyer and her second chair motioned to withdraw due to personal issues.

Parties are slated to meet in court again for a status hearing on March 3.

Judge Denies Release of Child Sex Abuse Defendant, Citing Strength of Evidence

A DC Superior Court judge denied a request to release a child sex abuse defendant, citing the strength of the evidence against him. 

The defendant is accused of sexually assaulting a 13-year-old girl. The victim, equipped with a recording of an incident on her Discord account, fled her home to escape him and got in touch with law enforcement, according to court documents. The defendant was arrested within the day and has been held at DC Jail ever since. He is charged with first-degree sexual abuse and first-degree child sexual abuse.

Defense attorney Anthony Matthews requested his client’s release during a Feb. 7 hearing, pointing out his lack of a violent criminal record.  He argued that cases like this are routine and tend to have the same outcome.  He went on to assert that the defendant is not attracted to children because, if he had been, “why would he have waited until he was 60.”

“First-degree sexual abuse on a child with video evidence is hardly routine,” Judge Robert Okun responded.

The prosecutor objected to the release request, arguing that the nature of this case indicates the defendant’s danger to society. Judge Okun ultimately sided with the prosecution and chose to keep the defendant in jail. He also made it clear that due to the circumstances, the defendant may be charged with additional counts.

Matthews waived the defendant’s right to a preliminary hearing, which would have determined if the case has enough evidence to go to trial.

The next hearing is scheduled for March 17. Parties are expected to discuss a possible plea deal at that time.

Document: Victim Announced in February 7 Homicide

The Metropolitan Police Department has announced the name of a Feb. 7 homicide victim.

At approximately 9:15 p.m. officers responded to the 4200 Block of Edson Place, NE, due to a report of a shooting. They located 52-year-old Ernest Dorsey with gunshot wounds and brought him to a local hospital. He later succumbed to his injuries, according to the press release.

Defense Attorney Questions Document Redactions in Murder Case

A murder defendant’s attorney raised issues with redacted transcripts during the case’s most recent hearing.

Demetrius Void is accused of shooting 24-year-old Anthony Daniel Lawson to death on Sept. 25, 2018. A witness reported being told that Void pulled a gun on a family member at a gas station near the 6200 block of Eastern Avenue, NE, demanding the keys, according to court documents. Void, 34, then allegedly returned and shot Lawson.

The following April, Void was arrested and charged with first-degree murder while armed. He has been held at DC Jail ever since.

Defense attorney Matthew Davies raised issues with the redacted transcripts during a Feb. 7 hearing. Davies said that witnesses had been contradicting themselves in their testimony and would like to compare the initial interviews with detectives to the ones from the grand jury proceedings.

Davies has filed a motion to compel, which the prosecution opposes and plans to respond to in writing.

A formal plea offer hasn’t been extended but DC Superior Court Judge Rainey Brandt encouraged parties to discuss one before their next hearing, which is scheduled for March 24.

Plea Offer Open for Child Sex Abuse Defendant

Parties discussed a possible plea offer for a defendant charged with second-degree child sex abuse.

The 48-year-old defendant is accused of sexually assaulting a 15-year-old girl. According to court documents, when the victim attempted to stop him he allegedly said, “it’s gonna be quick, stop making noise.”

During the most recent hearing on Feb. 7, the defendant was appointed a new lawyer, David Vega. Vega said he plans on retaining a forensic psychologist to perform a risk assessment evaluation for the defendant. 

The prosecutor said they were in plea negotiations with the previous defense counsel and plan on continuing. They asked DC Superior Court Judge Robert Okun for a two to three-week continuance so the defendant could accept or deny the plea offer. However, Vega wanted a six to eight-week continuance since the risk assessment evaluation will take more than three weeks. 

After conversing in private and hearing the reasoning for both requests, Judge Okun decided that the risk assessment was not necessary for this case and sided with the prosecution on a shorter continuance. He scheduled parties to reconvene on March 2.

Prosecutor Anticipates Returning Indictment in Murder Case by the End of February

A prosecutor announced they plan on filing an indictment for a murder defendant by the end of the month.

On Oct. 1, 2020, Metropolitan Police Department officers found 42-year-old Arthur Daniels IV on the 6200 block of 8th Street NW, with multiple gunshot wounds. A witness reported seeing two teenagers shortly before he heard four to five gunshot wounds and saw Daniels lying on the ground, according to court documents.

Deon Walters, 18, was arrested two months later and charged with first-degree murder while armed. He has been in the custody of the Department of Youth Rehabilitation Services ever since.

During a Feb. 4 hearing, defense counsel raised concerns with the lack of an indictment more than one year after the case was opened. The prosecutor responded by saying they have a large amount of electronic evidence but should have an indictment returned by the end of the month.

They are also wary that the case may have a possible second defendant, halting the indictment.

The next felony status conference is set for March 2.

Judge Denies Murder Defendant’s Request to Withdraw Guilty Plea

A DC Superior Court judge denied a murder defendant’s request to withdraw his guilty plea.

During a hearing in February 2020, Elijah Jarmon pleaded guilty to second-degree murder while armed for the shooting of 18-year-old Taquan Pinkney on Sept. 9, 2018. As part of the plea deal, parties agreed to recommend a 12-year prison sentence.

Jarmon, 21, went on to request that he withdraw his guilty plea. When parties met to discuss the matter on Feb. 7, defense attorney Kevann Gardner said he wanted Jarmon “just to have his day in court” and understand what he is getting into.

Gardner said he was told by Jarmon’s former attorney that the defendant expressed his desire to withdraw his plea the day after it was made.

Judge Milton Lee considered the length of time between the plea proceedings and withdrawal request, as well as if Jarmon had confidence in his defense counsel. He ultimately decided to deny the motion. Jarmon is scheduled to be sentenced on March 22.

Document: Suspect Arrested, Charged With Murder

A suspect has been arrested and charged with second-degree murder while armed in a homicide that detectives believe was domestic in nature.

At approximately 11:16 a.m. on Feb. 5, officers responded to the report of an unconscious person. They found 32-year-old Passion Pleasant on Southbound 295 near East Capitol Street, SE, laying on the ground near a vehicle. She was suffering from stab wounds. Pleasant was pronounced dead on scene and an autopsy the following day determined the cause of death to be gunshot wounds, according to a press release.

Gregory Johnson, 30, was arrested on Feb. 5.

Defense Decides Not to Retest DNA Evidence Ahead of June Murder Trial

The defense team in a murder case said they will not be re-testing DNA evidence ahead of the trial.

On Jan. 15, 2019, police found 22-year-old Davane Williams lying on a sidewalk in front of the 1200 block of North Capitol Street, NW, suffering from multiple gunshot wounds. Tyree Irving was arrested the next month for his alleged role in the homicide and is currently charged with first-degree murder while armed, possessing a firearm during a crime of violence, unlawful possession of a firearm and obstruction of justice. Parties are now preparing for him to go on trial in June.

During the most recent hearing for this case on Feb. 4, parties confirmed that the prosecution conducted DNA evidence on a sweater and provided the defense with the results. Irving went under oath to waive his right to conduct independent DNA testing. 

DC Superior Court Judge Robert Okun scheduled parties to reconvene for a trial readiness hearing on April 22.