Judge Finds Substantial Probability in Murder Case

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

Dion Lee, 23, is charged with first-degree murder while armed for allegedly shooting Pamela Thomas on Feb. 9 on the 500 block of Division Avenue, NE.

During the three-day preliminary hearing, which began on June 30, counsel used surveillance footage spanning from hours before the shooting took place to moments after to argue their cases.

In one clip, a man who wore a black jacket, light blue ripped jeans, and white sneakers started to walk towards the Marvin Gaye Park, which is located on the 500 block of Division Avenue, NE. Footage also showed a Silver Nissan Rogue, the car Thomas was shot in, traveling towards the 500 block of Division Avenue, NE.

The same man, matching the clothing description, was seen standing on the street. A detective said he observed gun smoke twice from the area of which the suspect was standing.

In another video, the suspect fled towards the Lincoln Heights Apartment Complex with an object that looked like a firearm in his hand.

“Why,” Thomas’ son wailed on body worn camera footage.

“His mother got shot in the head,” Thomas’s sister screamed to the officers.

Thomas’s son was seen on the footage with blood on his face.

Lee was represented by defense attorneys, Joseph Yarbough and Kevann Gardner. Yarbough pressed the detective on the accuracy of the timestamps on the surveillance footage. Yarbough showed Judge Lee that the timestamps could be easily altered by manually going through the process of altering the timestamps during cross examination.

In one of the surveillance videos shown by the defense, a man with a black jacket, blue jeans, and white sneakers is seen walking out of one of the apartments located on the 5200 block of Hayes Street, NE.

Yarbough pointed out that although a man that matched the description of the shooter left the apartment, a black jacket, light blue jeans, and white sneakers are common pieces of clothing.

He also said the man’s face isn’t visible in any of the surveillance clips and there were no surveillance cameras in the stairway or alleyway that could show whether the same person who left the apartment was actually the defendant.

“No one knows exactly who that person is and the person that left that apartment could have gone anywhere,” Yarbough said.

He also questioned the varying witness descriptions of the shooter.

One of the witnesses said the suspect had a lighter complexion and seemed to be around 17-to-20 years old.

Another witness told one of the detectives that the shooter had a light brown complexion and looked to be 15-to-16 years old.

On July 1, the prosecution showed a clip of a man matching the description of the shooter, who is seen walking towards the 500 block of 50th Place, NE with a person of interest. They are seen entering the apartment complex and the suspect is seen leaving back out about an hour later with another person of interest.

At the time, the suspect was seen wearing a ski mask that covered most of his face, a lavender colored hoodie, blue jeans, and gray and white shoes. The suspect and the person of interest were seen entering a Red Ford F-150.

According to court documents, one of the witnesses identified the person walking towards the Red Ford F-150 as Lee.

“The same person who left the apartment was seen walking out of the alley walking towards Division Avenue. You see the same individual, same description, running towards Lincoln Heights after the shooting with an object that is consistent with a handgun,” Judge Lee told the court.

Judge Lee found substantial probability that Lee committed the homicide.

“Your honor, you saw the blood that was on Ms. Thomas’ son’s face. What defense is asking is that you let Mr. Lee back on the streets where he saw someone he didn’t like and shot into a crowd,” the prosecution said.

Yarbough argued that Lee should be released due to his lack of a criminal history, stable job, and his ability to live with his significant other outside of the neighborhood where the shooting occured.

To show the defendant’s family ties, Yarbough played a video of Lee’s nephews wishing him a happy Father’s Day. “I love you Dion. We miss you. Happy Father’s Day,” they said.

Lee dropped his head when the video began playing.

“Given the strong family ties, strong job, and no criminal history, we are requesting the court release him with home confinement,” Yarbough said.

Judge Lee denied the defense’s request to release Lee.

The defendant’s next hearing is scheduled for Nov. 3.

Homicide Defendant Rejects Plea Deal

A homicide defendant rejected a plea offer in connection to a 2021 shooting before DC Superior Court Judge Maribeth Raffinan on July 5.

Khalid Claggett, 38, is charged with first-degree murder while armed with offense committed during release, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction for his alleged role in connection to the shooting of 30-year-old Isaac Aull Jr. on June 11, 2021.

The plea offer, which was initially offered on May 16, would have reduced Claggett’s charges to second-degree murder and would have waived sentencing enhancement, including the stipulation that the offense was allegedly committed while the defendant was on release.

According to court documents, the Metropolitan Police Department (MPD) responded to reports of gunshots on the 1400 block of Rhode Island Avenue, NE. Officers located Aull on the 1600 block of Franklin Street, NE, with no signs consistent with life. He suffered from gunshot wounds to his back torso, right leg and neck.

The defense also filed a motion to release Claggett while he awaits trial. Claggett has been detained since his arrest on June 24, 2021.

“Looking at his criminal history, there are no crimes of violence,” defense attorney Howard McEachern said. “Danger to the community cannot be found.”

The prosecution filed an opposition to the motion for release, referring to the defendant’s prior convictions and the March 31 indictment that enhanced the original charge of second-degree murder while armed to first-degree murder while armed.

“Mr. Claggett has a long criminal history that spans back two decades,” the prosecutor said. “The only thing that’s changed is that Mr. Claggett has been indicted on more serious charges.”

The prosecution read a letter from Aull’s mother describing her grief, saying the victim’s family has been in therapy since the murder.

“I would implore you to keep this defendant detained,” the statement read. “I am very fearful for the lives of my family. I would not feel safe if the defendant is free to walk the streets.”

Judge Raffinan ruled in favor of the prosecution, citing that “no combination of conditions can ensure the safety of the community.”

She said she considered “a number of factors” in her ruling to keep Claggett detained, emphasizing the particular importance of the “nature and circumstances of the case” in reaching her decision.

Judge Raffinan referred to a dash camera video from a vehicle parked near the scene, saying “the decedent appeared to be wounded when the defendant appeared to shoot him eight more times.”

She then stated that Claggett is charged with “the most serious offense that you can be charged with in the District.”

In addition, Judge Raffinan referenced video surveillance and an Instagram Live video that appeared to show Claggett at the scene, the consistency of his appearance with witness descriptions and his known connection to the shooter’s vehicle in determining that the evidence “weighed in favor of detention.”

The trial is currently scheduled for April 3, 2023.

Judge Raffinan also scheduled a status hearing for Oct. 7.

Judge Finds Probable Cause In Murder Case

DC Superior Court Judge Marisa Demeo found “strong probable cause” in a teenage murder case.

Devon Edwards, 19, is charged with first-degree murder for allegedly shooting 18-year-old Dmaree Miller on the 3300 block of 12th Street, SE on Jan. 4, 2022. According to court documents, Miller and his friend were trying to purchase a firearm from Edwards and another suspect. During the interaction, Edwards allegedly shot Miller while trying to rob him.

In a preliminary hearing on July 5, the prosecutor asked Judge Demeo to find substantial probability, citing witness testimony, the lead detective’s investigation, video evidence, and Edwards’ GPS monitoring bracelet.

Prescott Loveland, Edwards’ defense attorney, refuted the prosecutor’s request, arguing that she relied on evidence that was either limited or flawed.

According to Loveland, the prosecutor’s key witness made several suspicious statements that might indicate the witness was hiding the shooter’s true identity. Additionally, neither the GPS location nor surveillance videos show Edwards entering the building where the shooting took place.

“I do find that the prosecution has met the probable cause standard, and it’s a strong probable cause that I find here,” said Judge Demeo.

Judge Demeo also agreed with the prosecutor’s request to hold Edwards at the DC Jail pending his trial. The prosecutor noted that, at the time of the shooting, Edwards was on release under home confinement for two pending cases, one of which included unlawful firearm possession.

“Mr. Edwards continues to use guns and continues to use them in a harmful way,” said the prosecutor. “Nothing short of detention can keep the community safe from Mr. Edwards.”

Edward’s next court appearance is scheduled for Aug. 26.

Homicide Defendant Pleads Guilty in Fatal Hit-And-Run Case

DC Superior Court Judge Maribeth Raffinan accepted a homicide defendant’s guilty plea in connection to fatally striking a pedestrian with a vehicle.

Rosa Bishop, 35, waived her right to a trial and pleaded guilty on July 5 to one count of involuntary manslaughter with criminal negligence in connection to a fatal hit-and-run that killed 32-year-old Loleita Gross on Jan. 1, 2020, at the intersection of Minnesota Avenue and L’Enfant Square, SE.

According to court documents, Bishop struck Gross with her silver 2008 Saturn Vue SUV on the sidewalk and hit a tree in a park before coming to a final rest. Bishop and a passenger fled the scene on foot.

Emergency services initiated life-saving measures on Gross, but she was pronounced dead shortly after being transported to Medstar Washington Hospital Center. An autopsy concluded that Gross sustained fractures to her pelvis and arm and died of an aortic transection caused by the impact of the vehicle. Gross was approximately 2-3 months pregnant at the time.

Analysis of data from the vehicle’s Crash Data Recorder indicated that the vehicle was traveling at a speed of 75 mph 2.5 seconds before impact, despite the posted speed limit of 25 mph in the area.

A Metropolitan Police Department (MPD) Officer found a bottle of alcohol and credit card under the defendant’s name in the vehicle. The vehicle was registered to the defendant’s mother.

Hours after the incident, Bishop voluntarily reported to MPD’s Traffic Safety and Specialized Enforcement Section. Her appearance matched the description of the witness at the scene.

Bishop was transported to Howard University Hospital to treat the injuries she sustained in the crash. She told the ambulance technician that she had been in a car accident but did not know the location or if she was the driver. Bishop’s blood was drawn at the hospital and analysis detected alcohol and THC in her system approximately seven hours after the incident.

The plea offer reduced the charge from second-degree murder to involuntary manslaughter, which carries a maximum sentence of 30 years’ imprisonment and a supervised release period of at least five years.

The prosecution agreed to waive sentencing enhancement papers and will not seek an indictment on any remaining or greater charges arising from the facts of the case. The prosecution will also reserve allocution at sentencing.

“She leaves behind three kids,” Gross’s sister told the judge. “She didn’t get to live her full life… now I’m 32 and all I can think about is that my sister didn’t get to live until 32.”

Bishop is currently released under the high intensity supervision program. Judge Raffinan scheduled a sentencing hearing for Oct. 14.

“I am truly truly sorry for your loss,” Jude Raffinan told Gross’ family. “And to picture and imagine those experiences that you have lost. I will certainly consider that when I impose a sentence.”

Document: 16-Year-Old Killed in Northeast Shooting

Metropolitan Police Department detectives are investigating the homicide of a 16-year-old male on the 700 block of Kenilworth Terrace, Northeast.

At approximately 1:10 a.m., officers located 16-year-old Levoire Simmons suffering from an apparent gunshot wound. He was pronounced dead at the scene.

Document: Traffic Fatality That Killed Two People

Metropolitan Police Department detectives are investigating a traffic fatality that killed two people at the intersection of Minnesota Avenue and Nannie Helen Burroughs Avenue, Northeast.

At approximately 5:40 p.m., a driver operating a Chevrolet Silverado pick-up truck struck a bicyclist and a pedestrian that was working at a fireworks stand. According to a press release, the driver of the Chevrolet Silverado lost consciousness due to a medical emergency.

The bicyclist is identified as 70-year-old Michael Hawkins and the pedestrian working the fireworks stand is identified as 64-year-old Charles Jackson.

Document: Police Identify Victim in a Northeast Shooting

Metropolitan Police Department detectives identified the decedent in a homicide that occurred on July 3 on the 1600 block of K Street, Northeast.

The decedent has been identified as 28-year-old Timothy Brady. He was found with an apparent gunshot wound and was transported to a local hospital, where he later succumbed to his injuries and was pronounced dead.

Document: Police Seek Info on the Identity of a Victim in a Northeast Shooting

Metropolitan Police Department detectives are investigating a homicide that occurred on July 3 on the 1600 block of K Street, Northeast.

At approximately 9:55 p.m., officers located an adult male who has not been identified yet, suffering from an apparent gunshot wound. He was pronounced dead at the hospital.

Document: 17-Year-Old Pronounced Dead in Southeast, DC

Metropolitan Police Department detectives are investigating a homicide that occurred on the 800 block of Yuma Street, SE.

At approximately 2:33 p.m., officers located 17-year-old Dennis Simms suffering from an apparent gunshot wound. He was pronounced dead at the scene.

Judge denies request to modify protection order

DC Superior Court Judge Milton Lee denied July 1 the defense’s request to modify a protection order related to a detective’s misconduct in a 2021 homicide case.

Stanley Brown, 29, is charged with first-degree murder while armed in connection to the fatal shooting of Jimmy Beynum on the 1600 block of F Street, NE, on Jan. 23, 2020. Beynum, 36, suffered multiple gunshot wounds to the body and succumbed to his injuries six days later. His co-defendant Emanuel Taylor, 38, is also charged with first-degree murder.

According to court documents, the court signed a consent protective order on Feb. 11 related to a detective’s misconduct. It was found that a detective in Brown’s case uploaded case materials to Facebook. As a result, the prosecution turned over information related to the detective’s misconduct on Feb. 18, 2021.

However, defense attorney Mani Golzari opposed the protection order and argued that it should be Brown’s decision as to whether or not the detective’s post should be shared with the public.

“As a whole, there is an interest in the public to know the information,” Golzari told the court. . “Transparency is the best way to safeguard abuse.”

Judge Lee and the prosecution opposed making any changes to the protection order because of fear that it would create public mistrust.

“I do not want jurors tainted by this information before witnesses take the stand,” Judge Lee said.

The next hearing is scheduled for Oct. 7.

Judge Denies Defense’s Request to Set a Detention Hearing in Homicide Case

DC Superior Court Judge Milton Lee denied the defense’s request to set a detention hearing for a defendant in a 2021 homicide case.

Emanuel Taylor, 38, is charged with first-degree murder while armed in connection to the shooting death of Jimmy Beynum, 36, on the 1600 block of F Street, NE on Jan. 23, 2020. His co-defendant Stanely Brown is also charged with first-degree murder.

During the July 1 hearing, defense attorney Brandi Harden argued that the prosecution does not have sufficient evidence to continue holding Taylor in jail.

“There is minimal evidence to link Mr. Taylor to the homicide,” Harden said.

Although Judge Lee declined to set a detention hearing, Harden is prepared to file a bond review motion instead.

Taylor’s next hearing is scheduled for Oct. 7

Judge Permits Homicde Defendant to Leave House Arrest for Work, Victim’s Family Outraged

A homicide victim’s family disapproved of Judge Maribeth Raffinan decision to allow a homicide defendant to leave house arrest for employment purposes.

Dohn Harmon, 23, is charged with first-degree murder while armed in connection to the fatal drive-by shooting of 18-year-old Kelvin Goggins on July 1, 2021, on the 1800 block of Q Street, NW.

According to court documents, Harmon allegedly drove a stolen Honda Pilot from which the shots were fired at Goggins, who was not the intended target. He said he didn’t know there was a firearm present in the car until he heard the first shot. The other accomplices have yet to be arrested.

Harmon has been released into the high intensity supervision program (HISP) under the conditions of house arrest since Nov. 23, 2020. The defense filed a motion to suspend the conditions of pretrial release on June 5, to which the prosecution filed an opposition.

At the hearing, defense attorney Steven Kiersch said Harmon is set to begin a job at a construction moving company on Monday and reiterated his motion to release Harmon from home confinement.

The prosecution raised concerns that Harmon may endanger the community if released and warned that he may pursue the intended target.

Goggins’ mother addressed the court during the June 30 hearing.

“[Harmon]’s saying he’s been placed under house arrest for one year and eight months,” Goggins’ mother said. “But tomorrow marks two years since him and his friends killed my son.”

“House arrest is like a slap in the face,” Goggins’ mother continued. “They took away my son’s choices… I don’t know his life story but he did wrong and should be in jail.”

DC Superior Court Judge Raffinan first expressed her sympathy for Goggins’ family.

“I absolutely cannot imagine the pain,” Judge Raffinan said. “On a human level, I hear and I understand what you’re saying.”

However, she emphasized that she had to “consider the law and the facts in front of [her]” when deciding to partially grant the defense’s motion to modify pretrial release conditions so that Harmon would be allowed to work.

“I’m not inclined to completely remove him from home confinement,” Judge Raffinan ruled. “He will be permitted to work. That is the only reason he’ll be able to leave the house.”

She referenced Harmon’s compliance with house arrest thus far and his lack of prior criminal history as key factors in her decision.

Harmon is ordered to home confinement for 24 hours, except for purposes of employment. He must also comply with a stay away order from the 1800 block of Q Street, NW.

Judge Raffinan warned Harmon that if found in non-compliance, she could order him to the DC jail.

“He was the driver of the people who killed my grandson,” Goggins’ grandmother yelled. “What justice? He’s a f*cking murderer. No justice!”

Judge Raffinan scheduled a status hearing on Aug. 23 as the case awaits a formal indictment.

Judge Sets Jury Selection Date for Sex Abuse Case

On July 1, D.C. Superior Court Judge Marisa Demeo set a jury selection date for a defendant charged with burglary, fourth-degree sex abuse, and two counts of second-degree theft.

The Metropolitan Police Department’s Sixth District responded to a possible burglary and was informed that a sexual assault also took place, according to court documents. The complainant reported that she fell asleep in her apartment and awoke because she felt “like “he” was licking her nipples.”

When the defendant was fleeing the scene, he took $100 and a key to a car from the complainant’s keychain.

DNA from the complainant’s nipple area showed there was at least one male contributor. The male DNA matched the defendant.

“I’ve talked to him more than once about it; he’s respectfully considered it,” defense counsel said in reference to a pending plea offer from the prosecution.

Sara Kopecki, the defendant’s defense attorney said he would follow up if his client expresses any interests.

The prosecutor anticipated he would need at least three days for arguments. Defense counsel said she would need at least a half of a day.

The defendant’s next hearing is scheduled for July 20 at 9:30am.

Sex Abuse Defendant Rejects Plea Deal

A child sex abuse defendant rejected a plea offer on June 30.

The defendant, who appeared via WebEx video, is charged with two counts of second-degree child sex abuse in connection to allegedly inappropriately touching two siblings, 11 and 13, on multiple occasions. The defendant was arrested May 10, 2021, at the 1700 block of Kilbourne Place, NW.

The defendant rejected the plea deal because it required a lifetime registration as a sex offender, according to defense attorney Rachel Cicurel, who also appeared virtually.

If the defendant would have accepted the plea offer, the defendant’s charges would have been reduced to two counts of misdemeanor sex abuse against a minor.

The prosecution indicated that it was working towards indicting the case.

DC Superior Court Judge Maribeth Raffinan scheduled a status conference for Oct. 4. The defendant is currently released his on personal recognizance.

Murder Trial Resumes With Testimony From Victim’s Ex-Girlfriend

A homicide trial resumed on June 29 with prosecutors calling the victim’s girlfriend.

Co-defendants Saquan Williams, 20, and Quincy Garvin, 22, are charged with first-degree murder while armed, possession of a firearm, criminal street gang affiliation, and conspiracy in connection to the fatal shooting of 24-year-old Carl Hardy on the 1200 block of I Street, SE on Sept. 10, 2017.

The prosecution called Hardy’s ex-girlfriend, who had been dating Hardy for five years at the time of his death. The witness, who had been arrested for missing her court appearance for this trial the previous week, said she was present at the shooting on Sept. 10, 2017.

During her testimony, the witness told the prosecution she had been on drugs on the day of the shooting. The prosecution refuted the witness’s statements by playing a recording from an interview with the police where she stated she had not been under the influence of anything at the time of the incident.

When the prosecution asked the witness what she saw during the shooting, she stated she saw three individuals run into a black vehicle on I Street and drive away after she heard gunshots.

The prosecution then asked the witness whether she could identify any of the individuals. The witness responded she couldn’t recall.

After the prosecution replayed her interview with the police, the witness said she saw “CDeuce” and “Head” run into the vehicle after the shooting.

According to court documents, “CDeuce” and “Head” are nicknames for Garvin and Williams, respectively.

However, the witness insisted her knowledge of the identities of the individuals was only second-hand, and she couldn’t tell the prosecution their real names.

The prosecution responded to her claims by showing her photos of signed identifications of Williams and Garvin during her police interview. After seeing her signed identifications, the witness admitted she could identify the individuals running into the vehicle but did not personally know either of the co-defendants.

The defense also questioned a private firearms examiner who the prosecution called to the stand the previous day. The examiner said the cartridges found at the scene matched groups of casings to different firearms.

During his questioning, Williams’ defense attorney, Kevin McGonigal, pointed out that the process by which the examiner compared bullet casing markings is a “completely subjective process.”

Garvin’s defense attorney, Steven Kirsch, also asked the examiner about the number of hours he billed to the US Attorney’s Office for this case. The examiner could not recall the total number of hours, explaining he has worked on this case since 2019.

DC Superior Court Judge Robert Okun presided over the trial.

The trial continued on June 30.

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