Defendant Rejects Plea Deal in Sex Abuse Case

A defendant accused of sexually assaulting an unconscious victim rejected a plea offer.

In April 2019, Metropolitan Police Department officers responded to the report of a criminal assault. Upon arrival, the victim told officers that the defendant sexually assaulted him while he was asleep, according to court documents. The defendant, 32, was arrested that day and charged with second-degree sexual abuse.

If convicted of this charge at trial, he could face a maximum sentence of 20 years in prison.

A plea offer was stated during the most recent hearing for this case on Feb. 1. If the defendant agreed to plead guilty to second-degree sexual abuse, the prosecutor would recommend a three-year prison sentence to be followed by 10 years of supervised release.

The defendant rejected the offer and wants to take the case to trial. The prosecutor said they need to have more testing done on DNA samples provided by the victim and defendant before a trial date is set.

DC Superior Court Judge Milton Lee scheduled the next hearing for March 3. In the meantime, the defendant will remain released.

Judge Denies Murder Defendant’s Request to Modify Pretrial Release Conditions

A DC Superior Court judge denied a request to change a murder defendant’s pretrial release conditions.

Bernard Matthews is accused of fatally shooting 22-year-old Diamonte Green on the 300 block of 33rd Street, NE, on Feb. 16, 2021. Green sustained eight gunshot wounds to the torso, extremities, neck and head, according to court documents.

Matthews, 42, was arrested and charged with second-degree murder while armed two months later. He was released into the High Intensity Supervision Program with GPS monitoring. He has remained released ever since.

During a Feb. 1 hearing, Judge Maribeth Raffinan denied a request to lift the defendant’s curfew after he was reported to have violated his curfew in three different instances. Defense attorney Andrew Ain said these violations were due to his client having changes to his work schedule, specifically late at night. He has also been unable to contact the office of the Pretrial Services Agency (PSA).

Judge Raffinan reminded Matthews that he must abide by his release conditions and get approval to stray from his scheduled curfew, even if it is for his job. She requested an additional number to contact, aside from the defendant’s case manager, in the event that the case manager is not available so Matthews can stay in contact with the PSA.

The next hearing is set for April 29.

Defense Seeks Independent DNA Testing Ahead of Murder Trial

A murder defendant’s lawyer informed a DC Superior Court judge that they plan to conduct independent DNA testing.

Joseph Melton is accused of stabbing two people on Jan. 14, 2020. One of the victims, 48-year-old Kevin Chamberlain, succumbed to his injuries after police found him suffering from multiple stab wounds on the 2400 block of Virginia Avenue, NW. The other victim survived.

Melton, 53, is set to go to trial this August on charges of first-degree murder while armed, assault with intent to kill while armed, assault with a dangerous weapon, carrying a dangerous weapon and possession of a prohibited weapon.

During the most recent hearing for this case on Jan. 27, parties discussed the DNA testing being done ahead of the trial. The prosecutor said they have tested clothing, two knives recovered from different scenes and DNA samples taken from the defendant as well as the surviving victim. They said that blood matching both victims was found on a knife in the defendant’s possession.

Defense attorney Joseph Wong responded, saying he intends to conduct their own independent DNA testing. Judge Robert Okun set a March 28 deadline for any motions regarding DNA testing with responses due by April 28. Expert notice is due by June 6.

Parties are scheduled to meet again on July 11 for a trial readiness hearing.

Judge Schedules Preliminary Hearing for Double Homicide Case

A DC Superior Court judge scheduled a preliminary hearing for a double homicide case.

Jalen Browne is accused of shooting 22-year-old Jovan Hill and 19-year-old Tariq Riley. On July 25, 2021, Metropolitan Police Department officers responded to a shooting on the 100 block of Q Street, NW. Jovan and Tariq were found with gunshot wounds and later pronounced dead at a local hospital. A third victim walked into the hospital with gunshot wounds to the torso and was admitted in critical but stable condition, according to court documents.

Browne, 20, is charged with first-degree murder while armed.

Judge Robert Okun scheduled a preliminary hearing for March 24 to decide if the case has enough evidence to go to trial.

Document: Victim Identified in Georgetown Shooting

The Metropolitan Police Department has identified the victim in a Georgetown shooting.

At approximately 6:13 p.m on Jan. 31 officers responded to the 3200 block of M Street, NW, due to a report of a shooting. Upon arrival, officers located 27-year-old Tarek Boothe with gunshot wounds and transported them to a local hospital. Boothe later succumbed to their injuries, according to the press release.

Parties Debate Recidivism Risk During Sentencing Hearing for Convicted Sex Abuser

Parties debated how to assess a convicted child sex abuse defendant’s risk for recidivism during a sentencing hearing.

“I just want to say that I am sorry for everything that I have caused. I am sorry to the victim, the families, my family, the kids, my mom, for everything that I have done and I just hope everyone forgives me for everything that I have done and caused,” Jerome Simmons said.

Simmons dated the victim’s mother before she kicked him out of the household upon learning about the abuse, though this did not manage to stop it from occurring again. The prosecutor said that in her eyes, the way Simmons groomed the 14-year-old was textbook evidence of a predator. She researched the definition of a predator prior to the hearing and said it is ”a person who looks for other people in order to use, control or harm them in some way.”

The defendant bought the victim a cell phone and had messaged her on Instagram, expressing his attraction and describing sexual activity he wanted to engage in with her. The prosecutor called this a grooming technique. Since the abuse, the victim has had serious issues with feeling “dirty” and is unable to look at herself in the mirror.

“These are the thoughts of a child that is truly traumatized,” the prosecutor said. “This abuse has significant consequences for the victim and the victim’s family.”

The prosecutor harped on recidivism during the Jan. 28 hearing, focusing on the long-term implications of having a sexual predator in the community.

Defense attorney Mani Golzari cited the Static 99 risk assessment tool used in multiple countries for adult male sex offenders, which was included in his Simmons’ pre-sentence report package. Golzari said his client is at average risk for recidivism. But the prosecutor argued that this assessment tool is invalid because it only looks at the rates five years out from leaving prison. She said it also does not look at dynamic factors such as the severity of the offense.

She instead cited another study- one that looks at recidivism 20 years out, saying this showed higher rates.

“Most sex offenses are never reported,” she continued, “so recidivism rates are lower than actuality.”

Golzari took time to address the perspective the prosecutor gave on the data. “That’s how statistical analysis works,” he said, explaining why the sample size focused on the five-year time period. “The important thing for Static 99 is that it looks at unbiased data.”

When addressing the court, Golzari acknowledged his client’s crimes but focused on his character. He said someone close to Simmons called him a “person who is kind and generous to a fault, and caring,” and said the incident was the worst mistake of his life.

“He’s constantly expressed a willingness to treatment,” Golzari said. “He wants to get to the bottom of what made him in this moment of his life, there is something underlying that has not been addressed.”

Golzari said Simmons expressed guilt from the very beginning when police began investigating the offense.

When he was first interviewed, the defendant did have a moment of deflection and did not fully tell investigators what happened, but still expressed remorse. He did eventually admit to investigators what had happened and talked about the messages found on Instagram that he had deleted from his phone.

Simmons accepted a pre-indictment plea offer early on in his case knowing he was facing a sentencing guideline of 15 to 17 years. He pleaded guilty to first-degree child sex abuse.

Golzari finished his argument by requesting that Simons be sentenced on the lighter end of the agreement- 15 years in prison. The defendant will be in his mid 40’s by the time he is able to get out of prison and Golzari said this will make him miss formidable years in his children’s life. The prosecutor requested a 17-year sentence.

After taking both parties’ arguments into account, DC Superior Court Judge Marisa Demeo sided with the defense and imposed a 15-year sentence, encouraging rehabilitation.

Simmons will have to register as a sex offender for ten years after his release from prison.

Plea Deal Drops Homicide Charge for One of the Parents Charged After Toddler’s Death

Two parents who initially faced murder charges in the death of their two-year-old son entered guilty pleas. One of the defendants had their homicide charge dropped in its entirety.

On April 1, 2020, 31-year-old Ta’jeanna Eason called the police for her son, Gabriel Eason. Officers responded to the family home on the 900 Block of Division Avenue, NE, and found the child unconscious. Emergency personnel attempted to perform life-saving interventions. Despite their best efforts, Gabriel was pronounced dead on scene.

A medical examiner determined the child’s cause of death to be multiple blunt force injuries and ruled it a homicide. Approximately seven months after the incident, Eason and the child’s father, 28-year-old Antonio Turner, were arrested. Both were initially charged with felony murder and first-degree cruelty to children.

The two accepted a plea deal on Jan. 27. Turner pleaded guilty to voluntary manslaughter, first-degree cruelty to children and assault with significant bodily injury. Eason pleaded guilty to three counts of second-degree cruelty to children. Her homicide charge was dropped.

The two are scheduled to be sentenced on March 25.

Judge Finds Probable Cause in Case of East Capitol Street Stabbing

The lead detective in a homicide investigation testified during a hearing to determine if the case against the defendant has enough evidence to go to trial. Towards the conclusion of the proceedings, a DC Superior Court judge made a finding of probable cause.

The defendant, 51-year-old Warren Tyson, is charged with second-degree murder while armed for allegedly stabbing 21-year-old Michael Johnson to death on the 4900 block of East Capitol Street, SE, on Oct. 22, 2021.

The prosecution presented 13 different exhibits of evidence during the Jan. 25 hearing. This included security footage from a McDonald’s in Upper Central NE of a car identified as Tyson’s. He could be heard giving his name in the video. Next were two separate angles of a bus camera that passed the scene of the crime. In these videos, Tyson’s car can be seen as well as an individual fleeing from the crime scene.

In the car with Tyson were two of the witnesses. Each left a statement alleging they saw the defendant stab Johnson. The first witness also described trying to hold the defendant down as the “tussle” escalated.

The prosecutor then showed two separate 911 calls made at the scene of the crime. The first one involved two people yelling and what can be heard as threats. The prosecutor claimed this was Johnson was calling Tyson a pedophile and asking, “why you looking at little kids.”

The second call was from two witnesses. They described the aggressor and explained that they saw a man fleeing the scene. They went into detail about the man’s vehicle and the victim lying on the ground. One of the witnesses said the stab “must have been to the liver because there is so much blood.”

The prosecutor also showed pictures of two separate knives found in the defendant’s car. Various court documents were admitted into evidence as well. Finally, the defendant’s iCloud data was admitted. This includes over 130 GB of text messages, phone calls and pictures.

Tyson is being represented by defense attorneys David Akulian and Julie Swaney. Swaney took the lead during cross-examination, beginning her line of questioning by attempting to clarify issues with previous witness statements.

Two of those witnesses were in the car with Tyson before the stabbing. The reason for this was unclear. One said it was for a doctor’s appointment while the other said it was for a McDonald’s trip. The next two witnesses, the ones who had described the assailant, had discrepancies including the color of the car that they saw. They also said they saw a black-handled knife, when the photos submitted were of a green knife and a silver knife.

Swaney also brought up allegations that Tyson was texting a 15-year-old witness, asking for inappropriate pictures. They attempted to show that this may have been a self-defense situation or a heat of passion situation due to words exchanged between the victim and the defendant.

Still, Judge Marisa Demeo ultimately ruled that the case has enough evidence to go to trial.

The defense team then argued that their client should be released as he has shown consistent employment and has not had any police encounters in the last year. They also mentioned the defendant’s health conditions.

Tyson has previously been convicted of two sex offenses. His first conviction happened in North Carolina and led him to spend 14 years in prison. He then served six months in 2014.

Judge Demeo decided to keep Tyson held at DC Jail. He is scheduled to return to court on March 28 for a felony status conference.

Co-Defendants in Mass Shooting Case Reject Plea Offer

More than one year after a mass shooting that killed 22-year-old Edward Wade and wounded three others, the alleged perpetrators rejected a plea deal from the prosecution.

Terrance Oxner and Aaron Adgerson are charged in connection with the shooting, which occurred at a market in Fairlawn on Jan. 25, 2021.

Both defendants rejected a plea offer that has been open for a little more than a month. The deal would have required both defendants to plead guilty to lesser charges of second-degree murder while armed and conspiracy to murder. As of Dec. 13, Adgerson, 18, was leaning towards rejecting the plea and Oxner, 22, had yet to make a formal decision. Both defendants had to accept the plea in order for it to go through.

Oxner’s defense attorney, Madalyn Harvey, said she had hoped to negotiate further with the prosecutor and was open to a pretrial resolution to the case. She said they refused, so she is looking ahead to the trial.

Adgerson’s defense attorney, Michael Madden, then made an oral request for Adgerson’s release from the Department of Youth Rehabilitation Services. The prosecutor is only accusing Adgerson of being a lookout while Oxner committed the murder, which Madden said is not a substantial enough reason to hold him.

Agerson is also charged with escape for allegedly attempting to leave the Psychiatric Institute of Washington in Northwest, DC, following his arrest. Madden said this escape was a mistake Adgerson made due to him still being under the effects of narcotics he was taking pre-arrest. He did not want this issue to affect the possibility of Adgerson being released to stay with his mother. Madden says he is in regular contact with Agerson’s mother and she is heavily involved in his case.

DC Superior Court Judge Robert Okun briefly asked the prosecutor if they plan to oppose this and they promptly said they do. He immediately denied the oral motion but said Madden can file a written one with more information if he wishes and it can be reviewed at a later date.

This case already is set to go to trial in November 2022 but there has yet to be an indictment. This has to be done before the trial commences, so parties set another hearing for April 22 to decide all motion and indictment dates.

DC Police Chief Updates Public on Jan. 27 Shootings in DC

Metropolitan Police Department Chief Robert J. Contee III provided the public with updates on four shootings that happened on Jan. 27.

He gave an update on two different homicides- one of which occurred in a Days Inn hotel on the 400 block of Connecticut Avenue, NW. A 20-year-old woman, Dasha Cleary, was shot and killed during this incident.

“I want to extend my deepest condolences to the family of Dasha, this is a very very tragic incident that led to the unnecessary loss of a life,” he said. “Certainly, she deserved better.”

No arrest has been made in relation to this homicide.

Later that day, 17-year-old Kyle Richards was found unresponsive with a gunshot wound on the 4000 block of E Street, SW. He was pronounced dead at a local hospital.

Contee said a 26-year-old who had been staying in the apartment because she was friends with the victim’s brother was charged with involuntary manslaughter. The shooting seems to investigators to have been an accident.

“We see tragedies when people are negligent when handling a firearm,“ he said.

He also gave updates on two nonfatal shootings that occurred that day, including one that followed an argument between two men in Columbia Heights.

“The Metropolitan Police Department has been working very hard in the area not just in building the community relations up there but improving community relations up there,” Chief Contee said, explaining that officers had just been nearby doing community outreach.

This shooting occurred just before 4:00 p.m. on the 1400 block of Irving Street, NW. Police soon responded and arrested 18-year-old Christopher Frank. He was charged with assault with intent to kill and carrying a pistol without a license.

The final update was for another nonfatal shooting. Police learned of this incident because a woman showed up to a local hospital with a gunshot wound. She was attempting to leave her residence in the 2100 block of North Capitol Street, NW, when two people shot towards the home, striking the woman.

Two additional people were seen leaving the residence, one of whom was armed. A 14-year-old, a 15-year-old and an 18-year-old were arrested in connection with the incident.

Defendant Pleads Guilty to Manslaughter for Marijuana Deal Gone Wrong

A defendant pleaded guilty to manslaughter more than two years after a marijuana deal ended in tragedy.

Knico Wheaton reached out to Tavon Cox over Instagram to purchase marijuana, according to the proffer of facts. The two met on Jan. 11, 2020, on the 700 block of 24th Street, NE. Wheaton asked to smell the marijuana, which Cox agreed to. The encounter ended with Wheaton reaching into his coat pocket, grabbing a firearm and shooting Cox. The 41-year-old succumbed to his injuries the next day.

Wheaton, 24, was arrested the following April. He went on to be indicted on charges of first-degree murder while armed, armed robbery, obstructing justice and possessing a firearm during a crime of violence.

During a Jan. 28 hearing, Wheaton accepted the prosecution’s offer to plead down to voluntary manslaughter while armed. In exchange for his guilty plea, the prosecution agreed to dismiss a separate case involving a gun charge.

DC Superior Court Judge Milton Lee scheduled Wheaton to be sentenced on March 22.

Defense in Murder Case Says They Aren’t Ready for March Trial

A murder defendant’s counsel asked a judge to postpone their client’s March trial due to the large volume of evidence they say they’ve received from the prosecution.

Malik Holston is accused of shooting 15-year-old Gerald Watson 17 times on Dec. 13, 2018, on the 2900 block of Knox Place, SE. Watson died soon after from his injuries. The 19-year-old defendant was arrested five days later and has remained held at the Department of Youth Rehabilitation Services.

Holston was scheduled to go to trial on March 7 on charges of first-degree murder while armed, possessing a firearm during a crime of violence and carrying a pistol without a license. But defense attorneys Matthew Wilson and Sean Sukumar, who were appointed to represent Holston last August, said they wouldn’t be able to go over all the evidence and form a defense strategy by the trial date.

“It’s a 2018 case,” said Judge Rainey Brandt during the Jan. 28 hearing. “I’m ready to go and he’s detained.”

The prosecutors did not oppose the request after defense counsel confirmed they would not use the trial’s delay as a reason to request their client’s release from custody. Holston also confirmed to Judge Brandt that he was okay with postponing the trial.

After hearing from the parties, Judge Brandt rescheduled the trial to take place in October.

Parties are scheduled to reconvene for a trial readiness hearing on Feb. 1.

Parties Grapple with Trial Plans for Released Murder Defendant

Jordan Smith was charged with murder in November 2017 and held at DC Jail until a judge agreed to release him in 2019. Now, as numerous detained defendants wait to get trial dates, parties held off deciding when Smith would go before a jury when they met for a status hearing on Jan. 27.

The 34-year-old defendant is accused of shooting Yashika Green in the head on March 1, 2017. Officers found her that day in an apartment on the 3900 block of 2nd Street, SE, and took her to the hospital, where she was rushed into surgery. She succumbed to her injuries the following July 21, according to court documents. She was 42-years-old.

The prosecutor had reservations with defense attorney Mani Golzari’s suggestion to put off scheduling Smith’s trial due to how many jailed defendants are still waiting for theirs, noting how long the victim’s family have been waiting to see this case resolved.

“That is part of the consideration, certainly,” said DC Superior Court Judge Maribeth Raffinan.

However, she pointed out how setting trial dates only to postpone them later on can come with disappointments of its own. The prosecutor suggested setting dates in 2023, but Golzari said he wasn’t available until April or May of that year because of his other trials.

Judge Raffinan scheduled parties to reconvene for a status hearing on March 25. In the meantime, Smith will remain in released in the High Intensity Supervision Program. He is compliant with his release conditions.

Given his compliance, Golzari asked Judge Raffinan to take his client off of GPS monitoring. The prosecution, who did not want Smith released from jail in the first place, asked for an opportunity to respond in writing. Judge Raffinan agreed and instructed Golzari to file a written motion.

Preliminary Hearing Rescheduled for Fatal Stabbing Case

A preliminary hearing for a murder case was rescheduled because a defendant was in quarantine at DC Jail.

Christian Monge is accused of killing 28-year-old Brittanie Clark on Aug. 31, 2021. Metropolitan Police Department officers found Clark in a residence on the 5000 block of First Street, NW, that afternoon suffering from apparent puncture wounds to the torso, according to court documents.

Monge, 25, was arrested nearly a month later and charged with second-degree murder while armed. He was supposed to have a preliminary hearing on Jan. 20 to determine if his case has enough evidence to go to trial. After learning of the defendant’s quarantine status, DC Superior Court Judge Rainey Brandt scheduled the proceedings to happen on Feb. 1 instead.

Plea Deal Under Consideration in Domestic Violence Case

A domestic violence defendant received a plea offer.

The defendant is charged with assault with a dangerous weapon. The prosecution’s offer would allow him to plead down to attempted assault with a dangerous weapon. If accepted, parties would agree to recommend a six-month sentence.

The offer was extended late last week. During a Jan. 27 hearing, defense attorney Charles Haskell said he only got to speak briefly with his client, who is being held at DC Jail. DC Superior Court Judge Lynn Leibovitz continued the hearing to give Haskell time to go over the plea with the defendant.

The defendant has been detained since he picked up the case in November 2020. He was not brought to court for his previous hearing due to being in quarantine.

The next hearing is scheduled for Feb. 9.

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