COVID Continues to Delay Homicide Trial

A homicide trial continued to be postponed on June 27 because one of the defense attorneys tested positive for COVID-19.

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.

Garvin’s defense attorney, Kevin Robertson informed DC Superior Court Judge Robert Okun via Webex on June 22 that he tested positive after experiencing flu-like symptoms.

The trial was originally scheduled to resume on June 27, following CDC guidelines, which recommends a five-day isolation period for fully vaccinated individuals if by the fifth day they are fever-free for 24 hours and their symptoms are improving.

The trial continued to be delayed because Robertson did not meet the requirements and could not leave isolation.

Judge Okun tentatively scheduled the trial to resume on June 28, but it is postponed until Robertson is able to leave isolation.

Murder Defendant Arraigned, Scheduled for Trial

Darrell Moore, 44, was arraigned on first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm.

According to court documents, on April 3, 2021, Metropolitan Police Department (MPD) officers found 37-year-old Julius Hayes lying between two parked vehicles, suffering from six gunshot wounds on the 300 block of 18th Street, NE. Witnesses said they heard Moore and Hayes in an argument before the shooting.

Hayes succumbed to his injuries one hour after being found by MPD officers.

During the June 27 arraignment, Moore’s defense attorney Kevin Irving entered a plea of not guilty on all counts.

DC Superior Court Judge Milton Lee scheduled a jury selection date for trial on Feb. 26, 2024.

Moore’s next court appearance is scheduled for Nov. 16, when parties will discuss any outstanding evidence matters.

Homicide Defendant Arraigned on Charges, Pleads Not Guilty

DC Superior Court Judge Milton Lee arraigned a defendant on first-degree murder and possession of a firearm during a crime of violence.

Kirk Spencer, 27, is accused of shooting 49-year-old Marcus Covington on Feb. 23, 2021, at the Anacostia Metro Station on the 1000 block of Howard Road, SE. According to court documents, the attending physician at the hospital declared Covington brain dead the following day.

During the June 27 arraignment hearing, defense attorney Jacqueline Cadman entered a plea of not guilty on Spencer’s behalf.

Parties scheduled a trial date for March 18, 2024.

Judge Lee asked the prosecutor about what evidence he planned to test in the months leading up to the trial. The prosecution explained there was no DNA evidence, however, the prosecution may test ballistics evidence.

The prosecution only has cell phone data as evidence.

Judge Lee instructed the prosecution to notify Cadman immediately after receiving the ballistics report in order to avoid delays.

Spencer’s next hearing is scheduled for Nov. 4

Judge Finds Probable Cause in Homicide Case

DC Superior Court Judge Robert Okun found probable cause in a 2021 homicide case.

Dearay Wilson, 26, is charged with second-degree murder while armed for allegedly shooting 53-year-old Jeremy Black on the 1400 block of R Street, NW on June 29, 2021. According to court documents, Black and three other individuals were on a walk on 15th Street, NW when four individuals, one being Wilson, exited a white Chevrolet Equinox SUV, fired several rounds of ammunition towards Black and the other three individuals, and then fled the scene.

“I can’t say, at this point there is substantial probability, but I can easily say there is probable cause,” Judge Okun said, citing possible evidence contamination and a questionable chain of custody of Wilson’s clothing.

During the preliminary hearing on June 24, the prosecution called a detective from the homicide branch of the Metropolitan Police Department (MPD) who assisted with the investigation.

The prosecutor showed surveillance footage of a white SUV coming to a stop in an alley on R Street. Four individuals exited the car and fired into the block when Black was crossing the street.

According to the detective, MPD officers found 52 shell casings on the scene. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted DNA testing on the casings and found Wilson’s DNA on four casings. Two casings also matched the gun found on Wilson at the time of his arrest, which was a black Glock 10mm semi-automatic with a laser.

The prosecutor then showed surveillance footage of Wilson entering MedStar Washington Hospital Center 20 minutes after the shooting. He was wearing the same clothes.

Wilson requested treatment for a gunshot wound between his right thumb and pointer finger, which he wrapped in a white t-shirt.

A few days after the shooting, MPD discovered the car seen in the surveillance footage. Multiple blood stains, on the right rear passenger side of the car, where Wilson was allegedly seen exiting and entering the vehicle. DNA testing matched the bloodstains to the defendant.

The prosecutor noted that ATF is undergoing an investigation into a contamination event. Information about which cases and what evidence were affected by the contamination were not yet available.

Wilson’s defense attorney, Anne-Marie Moore, asked the detective whether any eyewitnesses identified Wilson as one of the four suspects.

No, the detective replied.

Moore then questioned the detective about the chain of custody of Wilson’s clothes, which were taken from the hospital, saying she received conflicting statements from multiple sources about who had handled the evidence. The detective was not able to confirm the chain of custody.

Moore argued that the prosecution’s case was based on improperly seized DNA evidence and a lack of eyewitness identifications. She requested Wilson be released under the high-intensity supervision program due to his lack of prior convictions, family support, and full employment status.

However, the prosecution requested Judge Okun find probable cause if not substantial cause, as well as keep Wilson detained at the DC Jail without bond.

“There’s a lot of evidence that indicates Mr. Wilson committed the offense he’s charged with,” Judge Okun said.

Judge Okun ruled that despite mitigating factors, Wilson will be detained because of the nature of the offense and the weight of the evidence.

“This is an awful offense,” Judge Okun said. “One of the most serious offenses that can be committed.”

Wilson’s next court appearance is scheduled for Sept. 23.

Document: Police Arrest Suspect in 16-year-old’s Murder

The Metropolitan Police Department arrested June 26 a suspect in connection to a homicide that took place on the 200 block of Savannah Terrace, SE.

Police arrested 18-year-old Derrico Johnson on first-degree murder charges for allegedly shooting 16-year-old Justin Johnson on May 26.

According to a press release, officers found Justin suffering from gunshot wounds. He displayed no signs consistent with life and remained on scene until transported to the Office of the Chief Medical Examiner.

Document: Homicide in Northeast

Metropolitan Police Department detectives are investigating a fatal shooting in Northeast on June 26.

At approximately 12:41 a.m., officers were dispatched to the 500 block of 50th Street, NE due to reports of gunshots.

Upon arrival, officers located 23-year-old Markel Ford suffering from apparent gunshot wounds. He succumbed to his injuries and was pronounced dead.

Document: 18-Year-Old Woman Pronounced Dead in Northwest, DC

Metropolitan Police Department detectives are investigating a homicide that occured on the 800 block of Quincy Street, Northwest.

At approximately 12:09 a.m., officers arrived on the scene and located 18-year-old Kyndall Myers suffering from apparent gunshot wounds. She was pronounced dead at the scene.

Document: 15-Year Old Fatally Shot

Metropolitan Police Department detectives are investigating the shooting death of 15-year-old Blue Bryant.

At approximately 9:20 p.m., officers responded to the 1700 block of 8th Street, NW due to reports of a shooting, according to a press release. Upon arrival, officers located a Bryant and an adult male suffering from gunshot wounds.

On June 26, Bryant succumbed to his injuries and was pronounced dead.

Document: Homicide on W. Virginia Ave, NE

Officers from the Metropolitan Police Department (MPD) responded to the 1700 block of West Virginia Avenue, NE an located 45-year-old Jason Ford suffering from a gunshot wound on June 25.

He died on the scene.

Judge Addresses Conflict Counsel In Homicide Case

DC Superior Court Judge Maribeth Rafinnan heard arguments concerning prior representation of two co-defendants during a June 24 hearing.

Robert Moses, 23, and James Mayfield, 22, have been charged in connection to the death of 17-year-old Jamahri R. Sydnor . On Aug. 10, 2017, officers from the Metropolitan Police Department responded to reports of a shooting. Officers found three victims on the scene, two of which suffered non-lethal wounds. Sydnor was found on the intersection of Saratoga and Montana Avenue, NE suffering from gunshot wounds.

Moses and Mayfield face multiple counts of assault with intent to kill while armed, possession of a firearm during a crime of violence, threat to kidnap or injure a person, first-degree murder while armed, robbery while armed, assault with a dangerous weapon, aggravated assault knowingly while armed, possession of an unregistered firearm, attempt to commit robbery while armed, obstructing justice, and conspiracy while armed.

The main conflict surrounded a witness who had previously been represented by Moses and Mayfield’s current defense attorneys, Steven Kiersh and Sweta Patel.

“Ms. Patel gleaned a whole lot of information from witness #30,” conflict counsel attorney Lisbeth Sapirstein stated.

The prosecution’s main concern was that Kiersh and Patel could use privileged information from private client-attorney discussions in cross-examination.

Kiersh clarified that his co-counsel, Kevin Mccants, would cross-examine the witness in Kiersh’s place. Sapirstein and her co-conflict attorney, Errin Scialpi, argued that Kiersh’s prior knowledge could still impact questioning.

Veronice Holt, Patel’s co-counsel, pointed out that if a conflict is found, Moses and Mayfield may be required to change counsel, which could push back their trial date.

In response to the prosecutor’s request for a briefing schedule, Judge Raffinan agreed to return to the matter at another date.

Judge Raffinan also addressed the defense’s concerns over the destruction of a key murder weapon.

According to the prosecution, documents provided by the U.S Attorney’s Office in Greenbelt lacked a signature from the individual who authorized the destruction of the weapon. The prosecution is requesting documents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives to investigate the issue.

Mayfield and Moses are scheduled for a motion hearing for July 29.

Judge Denies Motion to Dismiss Indictments in Murder Case

DC Superior Court Judge Milton Lee denies a motion to dismiss indictments in 2015 murder case.

Joseph Brown, 32, and his former co-defendant, Rondell McLeod, 29, are charged with first-degree murder while armed in connection to the deaths of Amari Jenkins, 29, on Aug. 15, 2015, and Antwan Baker, 21, on Nov. 12, 2015.

McLeod’s defense attorney, Steven Kiersh, and Brown’s attorney, Brian McDaniel, filed motions to dismiss the indictments against the two as a result of errors with ballistic evidence. The Department of Forensic Sciences (DFS) made a false determination based on ballistic evidence that was presented to a grand jury. DFS incorrectly linked the bullets found at the two different crime scenes.

Kiersh requested to dismiss the indictments for his client on May 1, 2020. McDaniel, joined the motion to dismiss on Apr. 6, 2021.

“The amount of information presented apart from the false ballistics report was substantial,” said Judge Lee. “I cannot dismiss this indictment because there still remains evidence that proves probable cause.”

Evidence given to the grand jury included numerous eyewitnesses, forensic pieces, and camera footage that linked Brown and McLeod to Jenkins’ and Baker’s deaths.

In addition to two counts of first-degree murder while armed, Brown is also charged with conspiracy, four counts of possession of a firearm during a crime of violence, assault with intention to kill while armed, aggravated assault knowingly while armed, and two counts of unlawful possession of a firearm with a prior conviction.

McLeod is also charged with two counts of first-degree murder while armed, conspiracy, four counts of possession of a firearm during a crime of violence, assault with intention to kill while armed, and aggravated assault knowingly while armed.

Judge Lee scheduled a status hearing for Oct. 12.

Murder Case Continues As Prosecution Gathers New Evidence

DC Superior Court Judge Danya Dayson continued a motion hearing on June 23 to give the prosecution more time to gather evidence.

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

During Thursday’s motion hearing, Davenport’s defense attorney Jacqueline Cadman filed a motion for the court to reconsider the probable cause and detention findings from Davenport’s preliminary hearing in November 2021. Cadman argued that since the surveillance video of the robbery and the still shots from the footage were precluded, the prosecution’s case has been substantially weakened.

“Given that you cannot establish identity from the homicide video, we’re asking the court to reconsider the probable cause and detention findings,” Cadman said.

The prosecution argued that there is still motive evidence, which the prosecution has been gathering since the robbery video and still shots were precluded in April. But, the prosecutor said the evidence could not be present during the hearing.

However, Judge Dayson, who originally viewed the surveillance video of the robbery and the still shot evidence, said the prosecution could not establish motive for the defendant without presenting new evidence.

During a preliminary hearing on Nov. 17, 2021, the prosecution established probable cause and detention by using video footage of Davenport being robbed the night before the homicide as well as footage of the murder of Turner the following day.

According to DC Superior Court Judge Rainey Brandt, the surveillance video was not clear enough for identification, but the surveillance video of the robbery identified Davenport as the shooter.

Judge Brandt ruled that the prosecution violated Rule 16 which states that upon the defendant’s request, the prosecution must provide the defendant with a copy of the defendant’s prior criminal record that is within their possession, custody or control. As a result, during an April 28 hearing, Judge Brandt ruled that the video of the robbery and the still shots from the video were not admissible.

“If the video is out, if the stills are out, how are you going to get to this conversation about Mr. Davenport,” Judge Dayson asked the prosecution. “You have to tell me the evidence that gets you from point A to point B.”

The hearing is scheduled to continue on July 21.

Judge Denies Request for 2nd Competency Evaluation

DC Superior Court Judge Robert Okun denies the defense’s request for a second competency evaluation for Joseph Melton.

Melton, 53, is charged with assault with a dangerous weapon, assault with intention to kill while armed, first-degree murder while armed, carrying a dangerous weapon outside a home or business (prior felony), and possession of a prohibited weapon. Melton’s connected to a double-stabbing and murder that occurred on Jan. 14, 2020.

Melton refused to participate in the original evaluation so the results could not be presented in court.

“I don’t need to talk to the psychiatrist,” Melton said. Okun cited Melton’s refusal to participate as the reason not to order a second evaluation.

Melton’s counsel recently changed so defense attorney Kevin Mosley was not yet fully prepared. “Asking for this evaluation creates a weird dynamic that’s hard to navigate,” Mosley said of his relationship with Melton.

The court set a trial date for April 24, 2023.

Judge Okun scheduled a status hearing for Aug. 3.

Judge Finds Homicide Defendant Competent to Stand Trial, Denies Release

During a mental observation hearing on June 23, DC Superior Court Judge Robert Okun found a homicide defendant competent to stand trial.

Rasheed Young, 44, is charged with first-degree murder while armed in connection to the shooting of 26-year-old Cedric Rogers on the 300 block of Franklin Street, NE.

According to court documents, on June 11, 1996, Rogers was playing basketball with friends on the 300 block of Franklin Street, NE when he was shot four times. Witnesses reported that Rogers was the only one targeted.

Judge Okun denied Young’s defense attorney, Kevin Mosley request for Young’s release from the DC Jail.

After Judge Okun’s denial, Mosley requested Young be placed in the mental health unit of the DC Jail.

Mosley said Young believed he was placed in a program to make him complaisant. The defense attorney said that despite telling the defendant he was not placed in any type of program, Young continued to say he was put in a program to be complaisant.

Judge Okun accepted the request and said he will send a recommendation to the DC Jail.

The next hearing is scheduled for Aug. 27.

Defendant in Homicide Case Rejects Plea Deal

On June 23, a defendant in a homicide case rejected a plea offer from the prosecution, opting instead to proceed with trial.

Jaykell Mason, 22, is charged with first-degree murder while armed and assault on a police officer while armed in connection to the death of 29-year-old Terence Dantzler. The incident occurred on Feb. 13, 2020, on the 700 block of 8th Street, NW. Metropolitan Police Department officials discovered Dantzler after responding to a report of a shooting.

Defense attorney John Armstrong stood in for Mason’s regular lawyer, Roderick Thompson.

If the offer was accepted, Mason’s charges would have reduced to two counts of second-degree murder while armed and one count of felony assault on a police officer while armed.

DC Superior Court Judge Milton Lee scheduled a trial for March 4, 2024.

Mason is set for a status hearing on Dec. 9.

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