Homicide Defendant Enters Plea Deal in 2021 Case

A homicide defendant accused of murdering a 27-year-old man pleaded guilty on June 23 to second-degree murder while armed.

On July 21, 2021, Rondez Tibbs entered a convenience store on Martin Luther King Avenue, SE, according to court documents. He approached 27-year-old Malcolm Johnson and attempted to take a cross body bag from him which led to a struggle between Johnson and Tibbs. Surveillance video shows Johnson fighting off Tibbs and, in the midst of the fight, Johnson’s handgun went off. Both individuals in the fight were shot.

The victim is later seen getting into the defendant’s parked vehicle and driving towards Talbert Street, SE where he later crashed into a moving vehicle and succumbed to his injuries. Johnson was found in the vehicle unconscious and suffering from an apparent gunshot wound to the stomach.

Terms of the plea deal include a sentencing recommendation of 9.5 years to 14 years in prison. Tibbs, who was on probation at the time, also had his probation revoked. Tibbs was on probation for robbery and unlawful possession of a firearm with a prior conviction. He will have to serve the remainder of the sentences for those convictions, which equals out to more than 3 years. The time will run concurrently with the plea offer’s sentence.

The prosecution stated that the decedent’s family objected to the plea deal but plans to issue an impact statement at the sentencing.

D.C. Superior Court Judge Maribeth Raffinan accepted the guilty plea and set a sentencing date for Oct. 7.

Judge Schedules Additional Hearings Prior to Potomac River Rapist Trial

DC Superior Court Judge Milton Lee scheduled additional hearings prior to the trial of a man connected to a 1998 murder.

Giles Warrick, 63, is charged with two counts of first-degree murder with aggravating circumstances in connection with the sexual assault and death of 29-year-old Christine Mirzayan. Mirzayan was found dead on Aug. 2, 1998, with multiple laceration wounds in a wooded area on the 3600 block of Canal Road, NW.

During the June 22 hearing, Warrick’s defense attorney, Stephen Mercer, requested more time to review the prosecution’s evidence with the defense’s expert. Mercer told Judge Lee that he expects to decide whether additional testing is needed by mid-July.

Warrick is suspected of being the “Potomac River Rapist,” who was responsible for a series of rapes in Maryland and DC between 1991 and 1998.

According to court documents, the DNA evidence found in Mirzayan’s case matched samples from six then-unsolved rape cases in Montgomery County, Maryland. The homicide investigation continued for over 20 years until Warrick’s arrest in 2019.

Judge Lee scheduled a hearing to discuss the defense’s decision on July 26.

Judge Lee scheduled an additional hearing on Sept. 16 to discuss multiple defense motions to suppress the prosecution’s DNA evidence, the search of Warrick’s residence, and Warrick’s statements to detectives on Nov. 12, 2019.

Judge Sentences Domestic Homicide Defendant to 21-years in Prison

On June 17, a defendant was sentenced to 21-years in prison for the murder of 27-year-old Sierra Johnson.

In connection to Johnson’s death, 28-year-old Joseph Fox was arrested and indicted on one count of second-degree murder while armed and two counts of assault with a dangerous weapon. 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.

Johnson succumbed to her injuries at a local hospital that night. According to the autopsy report, she was four months pregnant.

On March 29, Fox accepted a pleaded guilty to all charges. The prosecutor and defense attorney Elizabeth Weller agreed to recommend a sentence of 14 to 21 years of in prison.

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.

Before the sentencing, DC Superior Court Judge Milton Lee listened to victim impact statements from the members of Johnson’s family. The family was emotional as they stood in front of Judge Lee and asked him to give Fox a life sentence.

“You have left a hole in my heart,” Johnson’s mother said to Fox. “I can never forgive you for what you did to my child.”

Johnson’s oldest sister, who now has custody of the victim’s children, told Judge Lee of the lingering trauma that the children have after the night of the incident.

“They tell me, ‘the man killed mommy. He kept shooting mommy,’” she said.

“I couldn’t save my sister,” said Johnson’s brother. “But I hope the court system can save another sister’s life.”

After the family members spoke, the prosecution asked Judge Lee to accept the plea deal that both parties had agreed to despite the family’s disapproval.

The prosecutor argued that the plea deal was appropriate because of Fox’s early acceptance of responsibility and demonstration of remorse. The prosecutor also cited the mitigating circumstances caused by Fox’s traumatic childhood experiences that led to mental health issues that continued to plague him.

Judge Lee accepted the parties’ plea deal.

“I’m truly sorry and remorseful for my actions,” Fox said. “I wish there was more I can do for the family and kids.”

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

“This set of circumstances is one of the most difficult of my entire career in the Superior Court.” Judge Lee said. “This sentence does not recognize the significance of the pain and loss inflicted.”

Johnson’s family loudly objected to the sentence, claiming that Fox deserved life in prison. As the protests began escalating, some of the family members attempted to reach the defendant in the well. The family was escorted out of the courtroom by US Marshals.

Judge Sentences Co-Defendants in 2020 Homicide Case

DC Superior Court Judge Robert Okun sentenced two murder defendants on June 17 for their role in a 2020 homicide case.

In February, Randle Price and Marwin Thomas pleaded guilty to fatally shooting 33-year-old John Pollard II on the 3200 Block of Hiatt Place, NW in 2020.

Judge Okun sentenced Price, 30, to 9.5 years in prison for voluntary manslaughter while armed. Thomas, 28, received an 11-years sentence for voluntary manslaughter while armed.

As part of the plea deal, the prosecution and defense agreed to recommend a sentence of 7.5 years to 11 years in prison for both defendants.

The prosecution argued to sentence Price and Thomas to serve 11-years in prison. However, Price’s attorney’s, Joseph Wong and Rachel Cicurel, argued that Price should receive a 7.5-year sentence because he is intellectually disability, which impairs his ability to foresee and understand his actions.

“We are asking for that severe punishment to be proportional to the offense,” Cicurel told the judge. “There is a difference between reacting and spiraling out of control than pulling a gun and ending a life.”

Thomas’s attorney, Russell Hairston, also argued against Thomas serving the maximum 11-years in prison. Hairston said Thomas has come a long way since the homicide.

During his time in jail, Thomas wrote a book on what he has gone through and what he would like to do when he gets out. The book details that Thomas wants to lecture and mentor kids in D.C. about the rage he has encountered and how there are better ways to handle it.

During the sentencing, many of Pollard’s family members had an opportunity to address the court.

“I want to let these young men know that they took a piece of my heart. I hope they never have to go through this. This is a feeling no one should ever feel,” Pollard’s father said. “I hope they can learn from this and give back to society… Maybe the system can help them instead of corrupting them to be worse.”

Hearing Continues So Co-Defendants Can Consider Plea Deal

DC Superior Court Judge Robert Okun continued a hearing on June 22, so three homicide defendants could have time to consider a plea offer.

Tyler Stringfield, 23, Keith Baham, 22, and Raymond Avent, 22, are all charged with first-degree murder while armed in the death of 23-year-old Rafiq Hawkins.

The prosecution, defense and the judge discussed the time the defendants would need to consider the deal. Specific terms of the deal were not discussed during the hearing.

On March 23, 2019, Metropolitan Police Department officers were patrolling the area around 1200 block of Brentwood Road when they heard gunshots. As they canvassed the area, the officers discovered Hawkins unconscious and suffering from gunshot wounds to the body on the 1300 block of Saratoga Avenue, NE.

Court documents state that surveillance video shows three individuals exiting a medium-colored four-door Cadillac while aiming their weapons in the general direction of the victim and opening fire.

During the hearing on June 22, Baham’s defense attorney, Russell Hairston, requested the prosecution put the plea offer in writing before proceeding.

Judge Okun scheduled a status hearing for July 19 to discuss the plea deal in more detail.

Judge Grants Defense’s Motion To Suppress Key Witness’s Testimony

A DC Superior Court Judge Marisa J. Demeo grants a motion to suppress evidence on June 22 as attorneys prepare for trial.

Eugene Burns, 30, is charged with first-degree murder while armed in an incident that stemmed from the fatal shooting of 24-year-old Onyekachi Emmanuel Osuchukwu III on the 2900 block of Second Street, SE. The incident allegedly started over a drug deal.

Judge Demeo addressed Burn’s defense attorneys, Ron White and Mary Kennedy’s, request to suppress witness testimony for multiple witnesses.

The main debate was about a key witness who was discovered through an illegal extraction of Burns’ text messages. Allegedly, the texts contained details of the key witness’s involvement with drug deals and guns.

The “texts were central for getting the witness to testify,” White stated.

White and Kennedy contended that, due to the texts, the witness testified against his will and was reluctant every step of the way.

Prosecutors argued that the witness’s testimony wasn’t a product of an illegal search of Burns’ phone, but a product of routine investigative steps.

The determination was dependent upon two main questions: whether or not the witness would’ve inevitably been discovered, and whether the witness’s testimony would remain the same without the disclosure of the texts.

“It’s not comporting with what you are trying to represent to the court,” Judge Demeo said in reference to the dissonance between the defense’s incriminating exhibits and the prosecution’s arguments. One of the exhibits included a June 2017 letter written by prosecutors which disclosed that the witness was shown compelling texts prior to his Grand Jury testimony.

Judge Demeo granted Kennedy and White’s request to suppress testimony of the key witnesses, saying prosecutors did not meet the burden of proof for evidence.

Judge Demeo also denied the motion to suppress testimony for other witnesses, saying they were identified through an independent source.

Burns’ next court appearance is scheduled for Sept. 20.

Homicide Case Continues with Prosecution Waiting on DNA Evidence

During a June 22 hearing, parties discussed pending DNA evidence in front of DC Superior Court Judge Milton Lee.

Ravel Mills, 28, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business. He is charged in connection with the April 18, 2020, shooting of 28-year-old Toussaunt Tarquann Strong on the 3400 block of 24th Street, SE.

The prosecution told Judge Lee the DNA results of a handgun were not yet available due to a miscommunication with Bode Technology, a forensic services organization.

According to court documents, the handgun was recovered in a separate incident on May 24, 2020. It was found through NIBIN, a national firearms database, in which the cartridge casings fired from the handgun matched cartridge casings found on the scene of Strong’s shooting.

The prosecution originally intended to have Bode Technology compare the DNA profile of the handgun to the known DNA profile from Mills’ saliva sample. However, due to the miscommunication, Bode Technology just received Mills’ saliva sample.

The prosecution expects to have the results by the end of July.

Mills’ defense attorney Jacqueline Cadman said the delay would not impact the scheduled January 2023 trial date.

Mills’ next court appearance is scheduled for Aug. 1, where parties will reconvene to discuss the status of the DNA analysis and address any motions.

COVID-19 Case Delays Homicide Trial

A homicide trial was postponed on June 22 because a defense attorney 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.

Defense attorney Kevin Robertson informed DC Superior Court Judge Robert Okun via Webex that he tested positive for the virus last night after experiencing flu-like symptoms. The attorney is fully vaccinated.

The other attorneys, also appearing virtually, reported that they remain symptom-free and are also fully vaccinated.

Judge Okun said he will not order a test for the defendants because he believes the jail may unnecessarily place them in segregation or solitary confinement.

Judge Okun stressed the need to follow CDC guidelines, which recommends that fully vaccinated individuals can end their isolation period after five full days if they are fever-free for 24 hours prior and their symptoms are improving.

“I apologize for the inconvenience,” Judge Okun told the jury. “But unfortunately this is the world we live in when we have to comply with CDC guidelines.”

The trial will not resume over Webex.

Jude Okun tentatively scheduled the trial to resume at 10 a.m. on Monday, June 27. The jury will be informed Sunday evening if the trial will resume and Robertson is able to leave isolation.

Document: Homicide in Southeast

Metropolitan Police Department detectives are investigating a fatal shooting in Southeast on June 22.

At approximately 1:13 a.m., officers were dispatched to the 2800 block of Alabama Avenue, SE due to reports of gunshots.

Upon arrival, officers located 36 year-old Vernon Harrison suffering from an apparent gunshot wound. He was pronounced dead at the scene.

Judge Addresses More Motions in Triple-Homicide Case

DC Superior Court Judge Milton Lee ruled on multiple defense motions in a 2019 triple-homicide case.

Johnathan Winston, 32, is charged with three counts of first-degree murder while armed for shooting 26-year-old Sean Shuler, 26-year-old Javon Abney, and 24-year-old Tyrik Hagood on Jan. 26, 2019.

Winston is also charged with conspiracy, three counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm.

During a June 17 hearing, defense attorney Kevin Irving objected to the prosecution bringing up Winston’s prior felony conviction for unlawful possession of a firearm. He argued that the jury would be unduly prejudiced by learning of the prior felony conviction.

Judge Lee ruled he would limit prejudice by providing the jury instructions on how to use the information and by preventing the prosecution from saying “felony” when mentioning the prior conviction.

Irving then brought up a motion to exclude testimony from a cell data expert that the prosecutor intended to call to the stand. According to the prosecution, the expert intended to testify to 12 hours of the defendant’s calls and use cell tracking data to establish Winston’s location during those calls.

Irving objected to the expert testifying that cell phones typically connect to the nearest tower, a statement that Irving argued was not always true. Judge Lee agreed with the defense but ruled that the cell data evidence would be admissible and that Irving would be free to bring the matter up during his cross-examination of the expert.

Irving also motioned to sever Winston’s case from his co-defendant Rakeem Willis, 31.

Judge Lee said he avoided broaching the severance issue because he would not be the presiding judge for the trial. Both parties agreed to wait on the issue.

According to court documents, Metropolitan Police Department officers found the three victims suffering from gunshot wounds near and inside a car parked on the 1500 block of Fort Davis Place, SE. All three victims were pronounced dead at the scene.

Jury selection for this case is scheduled for Aug. 10.

Document: Homicide on 14th Street, NW

Metropolitan Police Department detectives are investigating a fatal shooting on 14th Street, Northwest on June 19.

At approximately 8:48 p.m., officers were called to shut down a large event that was happening at a location on 14th Street, NW.

Upon arrival, officers located five people, including 15-year-old Chase Poole; an adult female and two adult male victims along with a MPD officer suffering from gunshot wounds.

According to the press release, the juvenile victim was pronounced dead after being transported to the hospital.

2 Of 3 Homicide Co-Defendants Reject Plea Offer

Two co-defendants rejected their plea deals during a June 21 hearing.

Vorreze Thomas Jr., 24, is charged with conspiracy, first-degree murder while armed, possession of a firearm during a crime of violence, assault with intent to kill while armed, and two charges for unlawful possession of a firearm and carrying a rifle or shotgun with a prior crime of violence.

Delonte Stevenson, 27, is charged with conspiracy, first-degree while armed, three counts of possession of a firearm during a crime of violence, two counts of assault with intent to kill while armed, and unlawful possession of a firearm.

The defendants are charged in connection with the January 2021 death of Terrance Allen, 31.

The prosecution offered plea deals of lesser charges to both defendants, but the offers were rejected.

A third defendant, Brianca Phillips, was arrested on June 2.

Phillips is charged with conspiracy, first-degree murder while armed, and possession of a firearm during a crime of violence. Phillips was not present for the June 21 hearing as she was under COVID quarantine at the DC Jail.

The prosecution is working on a plea deal for Phillips and plans to extend it shortly.

DC Superior Court Judge Marisa Demeo presided over the case.

A status hearing is scheduled for Aug. 2, so that Judge Dameo can see all three defendants and verify if the June 2023 trial dates fit everyone’s schedules. If the prosecution can offer Phillips a plea deal by the next hearing, Judge Dameo said she will place the offer on the record in August.

Judge Sentences Sex Abuse Defendant to 10 Months in Prison

A 30-year-old defendant was sentenced on June 17 to serve 10 months in prison.

Wilson Buchi Nwafor Jr. was accused of sexually assaulting his girlfriend at their residence on the 1200 block of 1st Street, SE on Nov. 20, 2021, according to court documents. Documents state that Nwafor also threatened is girlfriend by knifepoint after she asked him to leave the residence.

Nwafor was originally charged with two counts of first-degree sexual abuse and one count of assault with a dangerous weapon on Dec. 16, 2021. On April 14, he pleaded guilty to attempted assault with a dangerous weapon and misdemeanor sex abuse.

During the sentencing hearing, the prosecution told DC Superior Court Judge Robert Okun that the sentence needed to address both the serious escalation of violence that occurred during the incident and deterrence from future violence. The prosecutor requested giving Nwafor the maximum sentence of 24 months in prison and a five-year probation period.

However, Judge Okun said he would not give Nwafor the maximum 24 months because this was the defendant’s first conviction.

Defense attorney Kevin McCants said Nwafor and his girlfriend were “constantly at each other’s throats,” which ultimately led to the incident.

“I’m sorry to her, her friends, her family,” Nwafar said in reference to the victim before his sentencing.

The victim declined to provide a statement.

Judge Okun sentenced Nwafor to 20 months in prison, suspending 10 months, with three years of supervised release. The term for supervised release was also suspended. Nwafor must also serve three years on probation for the attempted assault charge.

Nwafor was also sentenced to a concurrent term of 180 days, suspending 90 days, with three years on probation for the misdemeanor sex abuse charge.

During probation, he is required to get substance abuse evaluation testing and treatment as deemed appropriate by the Court Services and Offender Supervision Agency (CSOSA), attend a domestic violence intervention program, and attend anger management classes. He also has a stay away order in which its full details were not made public.

Nwafor is also required to pay $150 to the Victims of Violent Crime Act fund.

Judge Finds Sex Abuse Defendant Competent to Stand Trial

During a June 21 hearing, DC Superior Court Judge Rainey Brandt found a sex abuse defendant competent to stand trial.

On Feb. 12, 2020, the defendant was indicted on one count of kidnapping while armed, one count of assault with a dangerous weapon, and two counts of first-degree sex abuse while armed in relation to an armed sexual assault incident on the 1000 block of First Street, NE on Sept. 23, 2012.

The defendant has been held at St. Elizabeths Hospital, DC’s psychiatric institution, amid ongoing mental observation hearings.

After Judge Brandt found the defendant competent to stand trial, he was arraigned on all charges.

Defense attorney Andrew Ain pleaded not guilty on behalf of the defendant.

After the arraignment, Judge Brandt admonished the defendant for persistently calling her chambers and writing letters to the courthouse and the prosecution about his case.

“You are trying to manipulate all of us,” Judge Brandt said.

The next hearing is scheduled for July 7.

Judge Sentences Homicide Defendant to Serve 6.25 Years

DC Superior Court Judge Milton Lee sentenced a homicide defendant in a 2019 homicide case to over six years in prison.

On the evening of July 21, 2019, Metropolitan Police Department officers found 27-year-old Jamal Bandy suffering from multiple gunshot wounds on the 1300 block of Congress Street, SE. According to court documents, Bandy succumbed to his injuries an hour after being found.

Law enforcement officials later identified Romiel Hightower, 31, as one of two suspects on the scene. The second suspect has not yet been identified.

Hightower was indicted on first-degree murder while armed and possession of a firearm during a crime of violence.

On Feb. 24, Hightower pleaded guilty to voluntary manslaughter while armed, which carries a potential maximum penalty of 30 years in prison. As part of the plea agreement, the prosecutor and Hightower’s defense attorney, Jason Tulley, agreed to recommend six-and-a-quarter years in prison with five-years of supervised release.

During the sentencing on June 21, Judge Lee expressed his concern that the parties’ proposed such a short sentence.

“The sentence is on the light side,” Judge Lee said. “And what the decedent’s family said to me is not insignificant.”

Tulley argued that Hightower has expressed genuine remorse for his actions. He told Judge Lee that Hightower \pleaded guilty despite knowing that, given the challenges to the prosecution’s investigation, he would have had a high chance of being found not guilty in a trial.

Tulley argued that this showed Hightower’s willingness to accept full responsibility.

“I’d like to apologize to the Bandy family and Mr. Bandy himself,” Hightower said. “This has been an ongoing nightmare, and there’s not a day that goes by where I don’t think about what I did.”

Judge Lee then listened to statements by several members of Bandy’s family regarding the impact that the incident had on their lives.

“To Mr. Hightower, I appreciate you acknowledging you’re wrong and apologizing because it helps,” one of the family members said. “But at some point, in time, we have to say enough is enough and you need to get the maximum sentence.”

After hearing from the family members, Judge Lee decided he would accept the sentence that both parties proposed, citing Hightower’s decision to plead guilty despite having a good chance of winning a trial as a major part of his decision.

As part of his sentence, Hightower will have to register as a gun offender.

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