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Document: Traffic Fatality That Killed a 65-Year-Old Man

Metropolitan Police Department detectives are investigating a traffic fatality that killed a 65-year-old man at the intersection of 7th Street and Rhode Island Avenue, NW.

At approximately 2:31 a.m., a bicyclist struck the passenger side of a Peterbilt dump truck. The bicyclists went underneath the truck and was pronounced dead at the scene.

The bicyclist is identified as 65-year-old Michael Gordon.

Murder Defendant Waives Right to Independent DNA Testing Ahead of Trial

A murder defendant waived his right to independently test DNA evidence ahead of his trial. 

Maurice Johnson, 23, allegedly shot 38-year-old Lamar Walters on Jan. 6, 2020, on the 2400 block of Franklin Street, NE. Lamar suffered multiple gunshot wounds to the body and succumbed to his injuries later that day. 

Defendants in the District of Columbia who are accused of violent crimes have a right to independently test DNA evidence obtained during the investigation.

According to the prosecution, over 200 pieces of evidence was collected in the case, but the only evidence tested was a battery attachment from a flashlight. 

During the July 15 hearing, defense attorney Jason Clark confirmed that the defense won’t be testing any of the material. 

DC Superior Court Judge Rainey Brandt accepted Johnson’s request to waiver his rights. 

The next hearing is scheduled for Nov. 18.

Judge Reschedules Sentencing for Murder Defendant in Quarantine

(2019 Cf1 015087)

DC Superior Court Judge Rainey Brandt rescheduled a July 15 sentencing hearing for a murder defendant that is under COVID-19 quarantined at the DC Jail. 

Gregory Washington, 32, pleaded guilty to voluntary manslaughter while armed on April 26 in connection to the fatal shooting of 32-year-old Alie Labay on the 900 block of 21st Street, NE on the morning of Oct. 24, 2019. 

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

On the day of the incident, the couple was sleeping on the couch when the ex-wife awoke to the defendant tussling with the decedent. 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.

Defense attorney Amanda Rogers waived Washington’s presence, saying he will be in quarantine until July 23. 

Washington is now scheduled to be sentenced on July 25.

Arraignment Date Set for Homicide Defendant 

A DC Superior Court judge schedules an arraignment for a man charged with homicide.

Darius Robertson, 29, is charged with second-degree murder in connection with the death of 33 year-old Andre Robertson who was assaulted in the Clay Terrace neighborhood of Northeast, DC. Antonio Hensley is the co-defendant in this case. 

Robertson allegedly beat his cousin to death on a street corner. 

The defendant’s appearance was waived during the July 15 hearing, due to a scratch and COVID-19 quarantine. 

The prosecution has not indicted the case.

D.C. Superior Court Judge Milton Lee set an arraignment date of Aug. 10.

Defense attorney Michael Madden requested a trial date, but Judge Lee said a trial date would be decided at a later time.

Judge Addresses Prelim Hearing Scheduling in Child Sex Abuse Case

During a July 14 hearing, DC Superior Court Judge Rainey Brandt addressed scheduling issues regarding an upcoming preliminary hearing for a child sex abuse defendant. 

The 30-year-old defendant has been charged with first-degree child sex abuse. The charges stem from multiple incidents, occurring over a 2-year time period, in which the defendant allegedly forced an 8-year-old girl to engage in sexual acts. 

The defendant has been scheduled for a preliminary hearing since June 17. However, due to Judge Brandt’s heavy caseload, the hearing may have to be rescheduled. 

“Starting the 21st of July, I have prelims every single day,” Judge Brandt told the court. “At most, in total, they have 4 hours. They have to get it done.”

Defense attorney Jason Tulley requested to keep the original date – July 26 – in case Judge Brandt’s other hearings are dismissed or rescheduled. 

Prosecutors have also reached out to Tulley regarding a plea offer. Tulley requested that prosecutors disclose evidence materials and recordings of witnesses in order to properly evaluate the plea deal.  

Judge Brandt agreed to keep the July 26 hearing. As a backup, she will notify both parties whether another judge can pick up the case. 

“You’ll hear from us early next week,” Judge Brandt said.

June Homicides Decreases by 30 Percent from May

D.C. Witness data shows an approximately 30 percent decrease in homicides in June from the previous month. 

There were 19 homicides in June, down from the 27 homicides recorded in May.

Jospeh Fox, 28, was sentenced to 21-years in prison on June 17 for the murder of his 27-year-old pregnant girlfriend.

Fox was arrested and indicted on one count of second-degree murder while armed and two counts of assault with a dangerous weapon for the murder of Sierra Johnson.

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.

According to court documents, Johnson was four months pregnant.

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.

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

Judge Waives Time Limit for DNA Testing in Sex Abuse Case

DC Superior Court Judge Rainey Brandt waived July 14 the 100-day time limit for DNA testing in a 2020 sex abuse case. 

The defendant, who is 56 years old, is charged with one count of kidnapping while armed, two counts of first-degree sex abuse while armed with a dangerous weapon, and one count of assault with a dangerous weapon. According to court documents, the charges are related to an incident where the defendant allegedly held a woman at gunpoint and sexually assaulted her. 

The defendant, who is quarantined in St. Elizabeths, DC’s psychiatric institution, appeared at the hearing remotely. According to court officials, 13 out of 16 units in St. Elizabeths are in quarantine.

Defense Attorney Andrew Ain, the defendant, and prosecutors requested the time waiver in order to conduct DNA testing.

In this case, the decision resulted from weeks of deliberation regarding the defendant’s mental competency. Additionally, the request to evaluate the defendant’s competency extended past June 10, the date when the emergency COVID-19 protocol to pause or delay the statute of limitations.

“If [the defendant] changes his mind, it will be 100 days from when he changes his mind,” Ain told the court. “He wants anything that can be tested to be tested.”

During the July 14 hearing, Judge Brandt also admonished the defendant to not contact herself or the prosecution via telephone or writing. The defendant has previously called Judge Brandt’s chambers, prosecutors’ personal cell phones, and has written multiple letters to the court. 

“Any ex parte communication you have with the government can and probably will be used against you,” Judge Brandt said. 

According to Ain, the defendant believed that by calling the judge and prosecutors, he was advocating for himself better than the defense was. 

The defendant’s next hearing is scheduled for Sept. 2, where both parties will decide whether they are proceeding to trial. 

Case Acquitted: Judge Presides over Motion Hearing For Murder Defendant

Sutton was acquitted of murder and possession of a firearm during a crime of violence on March 23, 2023.

DC Superior Court Judge Robert Okun heard arguments from both parties regarding a motion filed by the prosecution.

Kaevon Sutton, 21, is charged with first-degree murder in the alleged shooting death 22- year-old Aujee Tyler on March 19, 2018, on the 3500 block of Stanton Road, SE. Other charges include possession of a firearm during a crime of violence and carrying a pistol without a license. 

Judge Okun heard arguments regarding the prosecution’s motion for reconsideration of a previously denied motion to exclude expert testimony. 

The prosecution’s previous motion asked for only part of the expert witness’s testimony to be excluded. The prosecution’s new motion asks for the entirety of the potential expert witness’s testimony to be excluded. 

The prosecution argued that the witness is not qualified to give opinions on an individual’s physical reactions and neurological condition when under stress, which is why the defense seeks to call him. The prosecution also argued that the potential witness and the defense have not provided any notes or reports that he used to form his opinion

Sutton’s defense attorney, Joseph Wong, argued that the potential witness’s knowledge in the general field of neuropsychology is enough to allow him to give his expert opinion. Wong also said the potential witness would testify to general behavior under stress rather than Sutton’s specific state of mind at the time. 

Defense attorney Jessica Willis is slated to take over for Wong starting next week.

Judge Okun stated that he will not rule on the motion for reconsideration during this hearing and will release a written order later. 

A motion hearing is currently scheduled for July 21.

Jury Delivers Partial Verdict in 2018 Drive-By Shooting Trial

A jury found one co-defendant guilty of multiple charges including first-degree murder as it returned a partial verdict in a month-long murder trial.

Saquan Williams, 20, and Quincy Garvin, 22, faced multiple charges including first-degree murder while armed, possession of a firearm during a crime of violence, conspiracy and criminal street gang affiliation in connection to the fatal shooting of 24-year-old Carl Hardy on the 1200 block of I Street, SE, on Sept. 10, 2017. 

DC Superior Court Judge Robert Okun presided over the trial that began on May 31 and ended with closing arguments on July 7.  

On July 13, the jury found Williams guilty of conspiracy, first-degree murder while armed, and   possession of a firearm during a crime of violence. However, the jury is still deliberating on Williams’ criminal street gang affiliation charge. 

Williams’ mother was present while the partial verdict was read.

“My client wants his mom here,” Kevin Robertson, Williams’ defense attorney, said when asking the court to wait for Williams’ mother to arrive. 

The jury also found Garvin guilty of conspiracy but are still deliberating on his first-degree murder while armed, possession of a firearm, and criminal street gang affiliation charges. 

Defense attorney Steven Kiersch informed Judge Okun that the Department of Corrections (DOC) placed Garvin into quarantine last night because of a COVID-19 outbreak at the DC Jail. DOC policy mandates that inmates are quarantined for a full ten days. 

“We’re in unprecedented territory,” Kiersch said. 

After deliberations about the best way to proceed, Garvin appeared via WebEx with his video off. Judge Okun explained Garvin’s physical absence to the jury. 

The jury is slated to continue deliberations on July 15. 

Parties Are Ready to Bring Sex Assault Case to Trial

On July 14, counsel told DC Superior Court Judge Maribeth Raffinan they were prepared to take a sex assault case to trial. 

The defendant is charged with first-degree burglary and second-degree sex abuse for allegedly entering the victim’s apartment on Jan. 23 and sexually assaulting her while she was asleep on the 900 block of Florida Avenue, NW. 

“The defendant followed the complainant and her friend to their apartment,” the prosecutor told Judge Raffinan. “And the complainant woke up to the defendant sexually assaulting her.”

During the hearing, the prosecutor told Judge Raffinan that DNA from a sex assault kit and the defendant matched. The prosecutor also said all DNA evidence had been turned over to the defense. 

The defendant chose to waive his right to conduct independent testing. 

An initial plea was offered on Feb. 23, but defense attorney Dennis Boyle told Judge Raffinan the defendant had no intention of accepting any plea offers. 

Both parties told Judge Raffinan their cases will be ready by the trial date set for Aug. 30. The prosecution stated their case would take two to three days, with about half a day for rebuttal. The prosecution plans on calling 8-13 witnesses.

Boyle said he anticipated the defense’s case to last about three hours and planned to call three to four witnesses.

The next hearing is scheduled for Aug. 23. 

Judge Finds Substantial Probability in Murder Case that Occurred Earlier This Year

DC Superior Court Judge Milton Lee ruled that a fatal shooting case has enough evidence to go to trial. 

On the night of Jan. 21, Metropolitan Police Department detectives located 20-year-old Marquette White Jr. suffering from an apparent gunshot wound on the 3800 block of Commodore Joshua Barney Dr, NE. He was later pronounced dead at the hospital the same night. 

On April 28, Maurice Williams, 19, and Seaun McDowney, 18, were arrested in Georgia and charged with first-degree murder while armed.

“The elements in front of me give me little doubt about who was in that car,” Judge Lee said. “Mr. Williams has repeatedly told people that he was the one who shot Mr. White. The decedent is heard saying Moe several times and a third voice is heard in the audio saying ‘get up.’ The evidence is substantial.”

During the defendants’ preliminary hearing on July 12, video footage from the front of a residence on the 3800 block of Commodore Joshua Barney Dr, NE showed a man, who officers identified as McDowney, walking away from the residence and getting into a dark colored vehicle. Minutes later the same vehicle is seen parallel parking into a parking spot in front of the home. 

Another person, who is identified as the victim, is seen walking around the front of the residence on the cellphone. 

“Seaun be starting shit bruh,”White said to another unidentified individual.“Seaun said you said that I was a bitch ass nigga, I’m tryna see whats up with that.” 

In another video from another angle, an individual , who officers identified as White, is seen entering the dark colored vehicle that was parked at the front of the residence. 

The lead MPD detective testified that through the course of the investigation witnesses said McDowney, Williams, and White were all in the vehicle during the homicide. 

In another clip, White is heard begging for his life. “I can’t breathe, stop, no.”

The car horn is heard going off at least twice as well as a gunshot. 

Judge Schedules Another Trial Readiness Hearing Due to DNA Testing Delays 

DC Superior Court Judge Marisa Demeo scheduled a second trial readiness hearing after delays with finalizing evidence. 

Leonard Smith, 36, is charged with first-degree murder while armed with a knife and carrying a dangerous weapon for allegedly stabbing 25-year-old Leonte Butler to death on March 11, 2017. According to court documents,  Metropolitan Police Department (MPD) officers discovered Butler with multiple stab wounds to the head and torso lying in an alley on the 4000 block of South Capitol Street, SE. He was pronounced dead at the scene. 

The case went to trial in November 2019, but it resulted in a mistrial.

At the July 12 hearing, the prosecution advised that it expects to receive DNA test results in the coming days despite being informed that the results would be ready by July 11. The prosecution tested swabs taken from blood stains in the alley where Butler was found and from Butler’s jacket.  

The defense is awaiting the results before potentially filing to independently test if the DNA test results do not implicate Smith. 

There is a video that has yet to be authenticated. Both parties indicated that they were attempting to locate the witness associated with the video but had made no recent developments. 

“We probably have to exhaust a few avenues before we ask for a court ruling on that,” defense attorney Anthony Matthews said. 

The prosecutor said he still had not found an answer as to whether or not an employee of the DC Department of Forensic Sciences (DFS) who processed the crime scene may have been terminated.

“I hope to have an answer in a few weeks,” the prosecutor said. 

“It sounds a bit odd,” Judge Demeo told the prosecutor. “There must be something else going on behind that… It shouldn’t take weeks to do it.” 

“I don’t know if this is a useful way to be using court time, ” Judge Demeo added. “Find the answer… This is not complicated and I don’t know why it isn’t.” 

The defense raised a concern that the lead detective assigned to the case has since been assigned to investigate vehicular fatalities, but the prosecution clarified that this move was not a demotion. 

Judge Demeo urged the attorneys to resolve any discovery matters as soon as possible. 

“I really need to know if this trial is going to go ahead as scheduled,” Judge Demeo said. 

The trial is currently scheduled to begin Sept. 28. Judge Demeo scheduled another trial readiness hearing for Aug. 5. 

Judge Demeo also granted the defense’s motion to allow Butler to take a four-day vacation to Ocean City, Md. because he has been in compliance with his release conditions since he was released a from a halfway house in March 2020.

Document: Man Shot in Southeast

Metropolitan Police Department detectives are investigating a homicide that occurred on the 2000 block of Ridgecrest Court, SE.

At approximately 7:42 a.m., on July 13 officers located Kevin Gill, 22, inside of a vehicle suffering from apparent gunshot wounds. He was pronounced dead at the scene.

Parties Request More Time to Test and Review DNA Evidence in 2020 Homicide Robbery Case

DC Superior Court Judge Robert Okun granted parties more time to conduct additional DNA testing in a murder case. 

Nathaniel Bates, 37, is charged with first-degree murder while armed for allegedly shooting 28-year-old Eddie Crist on the 4000 block of South Capitol Terrace, SW, on May 8, 2020.  According to court documents, members of the Metropolitan Police Department (MPD) found Crist on the sidewalk suffering from multiple gunshot wounds. 

In addition to first-degree murder, Bates is also charged with robbery while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm. 

During a hearing on July 12, the prosecutor told Judge Okun she intended to conduct additional testing on blood splatters but did not know when to expect results. 

Defense attorney Pierce Suen requested the prosecution submit the testing results as soon as possible, citing Bates’ significant length of detention and the upcoming trial date in April 2023. 

“If the prosecution is able to expedite the results, that would be best,” Suen said. 

The parties are scheduled to reconvene on Nov. 4 to discuss the results. 

Man Turns Himself in Twice After Stabbing Pregnant Daughter’s Sexual Abuser

Huey Bandy, 51, was charged with first-degree murder, however Judge Robert Okun lowered the potential charge to second-degree-murder due to not enough probable cause for the former charge.

On June 6, Bandy was shown a video of his 18-year-old pregnant daughter being sexually abused. The next day, Bandy stabbed 60-year-old Orlando Murphy four times in the chest while yelling at him to leave his home.

Immediately following the stabbing, Bandy realized what he had done and turned himself in to the police. Not once but twice: the first time being rejected, then another time after making an appointment with the lead detective to come back in.

“I didn’t mean to kill him,” Bandy said during his interview with the detective. “This wasn’t supposed to happen.”

The courtroom was filled with family and community members, including a pastor at the Church Bandy attends.

Judge Okun said the strong community and family presence, as well as a small, nonviolent criminal record from 30 years ago, were both significant factors in his decision to release Bandy rather than hold him.

After being placed under the High Intensity Supervision Program with GPS monitoring, and given a standard curfew, Bandy will reside with his sister until further notice.

He was released following no reason for a flight risk for turning himself in nor being a danger to the community due to the unique situation of the crime that is extremely unlikely to happen again, the judge said.

Bandy’s next court date is a status hearing scheduled for Oct. 28.