Document: 18-Year-Old Arrested for Sexual Abuse

An 18-year-old suspect has been arrested for first-degree sexual abuse, armed kidnapping and armed carjacking.

At approximately 5:15 p.m. on Jan. 11, the suspect approached the victim as they sat in their vehicle on the 4500 block of 9^th Street, NW, according to a press release. The suspect then allegedly brandished a gun, entered the victim’s vehicle and forced them to drive to the 500 block of Crittenden Street, NW. There, he allegedly engaged in a forced sex act with the victim before feeling the scene in the victim’s vehicle.

An arrest was made the following day.

Domestic Violence Defendant Sentenced for Armed Break-In

A DC Superior Court judge sentenced a man for forcing his way into his ex-girlfriend’s home while armed with a pocket knife.

Marlin Reynolds went to his ex-girlfriend’s home and knocked on the door. After not being let in, he managed to kick the door down. He entered, brandishing his knife. But his ex’s significant other quickly fired his gun, shooting Reynolds around his armpit.

But Reynolds gave differing narratives about the incident- when being questioned at the hospital, he told police he was shot while visiting his girlfriend’s apartment. The prosecutor said he later gave a different story to change the trajectory of the blame, saying he was shot on Martin Luther King Jr. Avenue.

The prosecutor displayed security footage to clarify the narrative. While short, it showed Reynolds entering the area of the apartment complex. He could then be seen leaving while a second bullet was fired in his direction by his ex-girlfriend’s partner.

The prosecutor said Reynolds’ history includes “a terrifying series of assaults and break-ins.” In one of the incidents, his ex-girlfriend’s eardrum was permanently broken. Another ex-girlfriend previously accused him of domestic violence as well. They requested a total of five-and-a-half years in prison for all of the offenses Reynolds pleaded guilty to. This was in the upper half of the sentencing guidelines provided by evaluating a variety of factors, including the defendant’s criminal history score and the incident itself.

Defense attorney Frederick Iverson requested a two-year sentence, which is in the lower half of the guidelines. He said Reynolds was being “unfairly penalized” for his prior cases, many of which he was not convicted in. He provided context not only for Reynolds’ life but for his issues with his ex-girlfriend as well.

Reynolds grew up in a household where he experienced beatings and other forms of abuse throughout his childhood. He also had debilitating ADHD and was in special education programs. The fact that the defendant was able to admit these details about his life was monumental to Iverson, who said this shows his growth and that he should receive treatment for his issues.

“Everyone agrees he should receive treatment,” Judge James Crowell responded. “The problem is he is absolutely a danger to the community.”

Iverson said the prosecutor’s narrative does not make full sense, telling Judge Crowell that Reynolds did not go to the apartment complex to attack but still conceding that his actions were wrong. Reynolds and his ex-girlfriend’s “horribly dysfunctional” relationship was a mitigating factor for Iverson because he said they were not pointing fingers since she was also an aggressor. He said the incident leaned towards self-defense and the whole reason he pulled out the knife was because of the history and feeling he was being threatened after entering her apartment.

“It’s a distinction because it is a different mindset, Your Honor,” he said. “It’s still wrong as the day is long.”

Reynolds’ ex-girlfriend had planned on attending the Jan. 12 hearing but felt sick the morning of. She instead gave a written victim impact statement to the prosecutor, who read it aloud in court.

“I’m afraid to be by myself,” she wrote. “He’s threatened me, he’s threatened my life.” The victim also wrote that she does not wish him any pain, but needs him to understand what he did wrong.

Judge Crowell echoed both the prosecutor and the defense in his conclusion.

“These are incredibly difficult cases and incredibly difficult for those involved,” Judge Crowell said. “Maybe there was violence on both sides.” He noted that the ex-girlfriend had left the situation but Reynolds had been unable to.

However, he disagreed with Iverson’s argument that Reynolds was being unfairly penalized for his prior cases- saying that if he were, his criminal history score would have been much higher.

Reynolds was initially charged with first-degree burglary while armed and simple assault following his arrest in June 2020. Last September, he was indicted on charges of assault with significant bodily injury, stalking, first-degree burglary, first-degree burglary while armed, destruction of property less than $1,000, destruction of property $1,000 or more, simple assault, assault with a dangerous weapon while armed and assaulting a law enforcement officer. Less than one month later, he agreed to plead guilty to assault with a dangerous weapon, destruction of property less than $1,000 and unlawful entry onto private property as part of a deal he made with the prosecution.

Judge Crowell sentenced Reynolds to serve a total of 38 months in prison. The defendant, who has been held at DC Jail since he was arrested, will receive credit for time served.

Reynolds received a fully suspended 180-day sentence with one year of supervised probation for both the unlawful entry charge and the destruction of property charge. He was sentenced to 60 months, 22 of which were suspended, followed by two years of supervised probation for the assault with a dangerous weapon charge.

“This is a classic, serial domestic violence abuse that escalated from beating this woman, beating her again and just not being able to come at her,” Judge Crowell said. “It’s this repetitive escalated domestic violence which in my experience usually ends up with someone dead.” He said it is difficult to believe the idea that Reynolds went to her home without any malice.

Judge Takes Murder Defendant Off Home Confinement

A DC Superior Court judge relaxed the pretrial release conditions of a murder defendant after he spent approximately eight-and-a-half months on home confinement.

Quincy Johnson is charged with first-degree murder while armed in the shooting of 20-year-old Anthony Riley on July 17, 2020. That day, Metropolitan Police Department (MPD) officers found Riley and another man in a vehicle on the 100 block of Walnut Street, NW, according to court documents. The other man survived the shooting.

Johnson was 16-years-old when he was arrested a little more than one month later but is being tried as an adult.

When defense attorney Roderick Thompson filed a motion to take his client off home confinement in the middle of December, he noted that Johnson had no infractions during the seven months he had spent on pretrial release by then.

“Seven months of compliance is a long period of compliance,” Judge Robert Okun agreed during the Jan. 11 proceedings.

Thompson said his client has a job opportunity lined up if he is allowed to leave his home.

The prosecutor in this case opposed the request to modify Johnson’s supervision, pointing to the seriousness of the allegations against him. Still, she said she did not specifically take issue with the defendant working and suggested a middle ground to allow for more flexibility.

Judge Okun called the prosecutor’s suggestion reasonable but ultimately agreed to lift the home confinement order.

Johnson will remain in the High Intensity Supervision Program (HISP). While defendants in HISP typically have a 10:00 p.m. to 6:00 a.m. curfew, Judge Okun imposed an 8:00 p.m. to 6:00 a.m. curfew for Johnson as a precaution to keep him from being out too late.

Preliminary Hearing Rescheduled After Murder Defendant Requests New Counsel

A DC Superior Court judge rescheduled a hearing to determine if a fatal stabbing case has enough evidence to go to trial after learning that the defendant is requesting new counsel.

Aaron Jackson, 28, is charged with second-degree murder while armed in the death of 27-year-old Damohn Gill. On the evening of June 24, 2021, Metropolitan Police Department (MPD) officers found Gill on the 3600 block of 22nd Street, SE, suffering from multiple stab wounds, according to court documents. He succumbed to his injuries at a local hospital.

Defense attorney Ronald Resetarits informed Judge Robert Okun that his client wants new counsel during the Jan. 11 proceedings. After speaking with Jackson and Resetarits outside of open court, Judge Okun agreed to appoint the defendant a different lawyer.

An ascertainment of counsel hearing is now set to take place on Feb. 17.

Document: Fatal Shooting in Columbia Heights

Metropolitan Police Department (MPD) detectives are investigating a fatal shooting that occurred on Jan. 10.

At approximately 8:52 p.m., officers responded to the scene for the sound of gunshots, according to a press release. They found 33-year-old Jerrame Watts seated in a vehicle at 13^th and Irving Street NW, suffering from a gunshot wound. He was pronounced dead at a local hospital.

Domestic Violence Defendant Accepts Plea in Revenge Porn, Stalking Case

A defendant accepted a plea agreement in a felony domestic violence case he picked up after publishing explicit material of a victim without her consent.

Carlton Robertson pleaded guilty to first-degree unlawful publication, stalking and threats to do bodily harm on Jan. 11. In exchange for the plea, the prosecutor is dismissing several misdemeanor cases he currently has open.

The defendant admitted to posting lewd and sexual videos of the victim on Facebook and Reddit, as well as threatening to physically hurt the victim and her child.

The defendant is currently on release and attended the hearing remotely. He is required to stay away from the victim and refrain from contacting her. He is also not allowed to post on social media about the victim or any members of her family.

DC Superior Court Judge Rainey Brandt scheduled a sentencing hearing for March 11, which Robertson must attend in person.

Prosecutors in Murder Case Seek Reinterpretation of DNA Evidence

A prosecutor informed a DC Superior Court judge that they are seeking a manual reinterpretation of DNA evidence in a murder case.

Larry Brown is charged with second-degree murder, possessing a prohibited weapon and carrying a dangerous weapon. He is scheduled to go to trial in October.

Brown, 35, is accused of stabbing Derrick Wright to death on March 24, 2018. Metropolitan Police Department officers found 31-year-old Wright on a sidewalk in front of the 1300 block of Florida Avenue, NE, suffering from a puncture wound to his chest, according to court documents. He was pronounced dead at a local hospital.

During the Jan. 10 hearing, one of the prosecutors, in this case, said they reached out to Bode Technology, a private forensic DNA laboratory based out of Virginia, about the reinterpretation. He said the company anticipates having it done by April.

Judge Maribeth Raffinan scheduled parties to reconvene on May 10 for a status hearing.

Man Pleads Guilty to September Sexual Assaults

A defendant pleaded guilty to third-degree sexual abuse and misdemeanor sexual abuse.

On Sept. 14, 2021, a woman was walking her dog in Southeast, DC when Darnell Peoples started following her, according to court documents. He approached her from behind and grabbed her breast and buttocks. The next day Peoples started following another woman. He approached her from behind, grabbed at her clothing and pushed her to the ground before eventually fleeing.

Peoples, 19, was initially charged with assault with intent to commit first-degree sexual abuse, assault with intent to commit third-degree sexual abuse and two counts of misdemeanor sexual abuse. He pleaded guilty to the third-degree and misdemeanor sexual abuse charges during a Jan. 10 hearing after making a deal with the prosecution.

DC Superior Court Judge Rainey Brandt ordered a study to assess if Peoples should be sentenced under the Youth Rehabilitation Act, which would allow his case to be effectively sealed if he completes the requirements imposed on him.

The defendant is scheduled to be sentenced on March 21.

Peoples currently faces probation revocation in two other cases in which he was convicted of misdemeanor sexual abuse. A probation show cause hearing for those cases is scheduled for Jan. 27.

Defense Attorney Advocates for Domestic Violence Defendant During Sentencing

A defense attorney advocated for her client during his sentencing hearing, speaking to the mental health issues he faced for years leading up to the offense.

Peter Banfield was originally charged with assault with a dangerous weapon for allegedly shooting into his brother’s house while he and his family were sleeping. As part of a deal with the prosecution, he pleaded guilty to carrying a pistol without a license and unlawful discharge of a firearm.

Defense attorney Khadijah Ali went into detail on how 39-year-old Banfield ended up in the place he is now. He was placed in a civil commitment multiple years ago due to being deemed mentally incompetent in another case, which was dismissed. He then received psychological treatment. During this time, he faced multiple hurdles with his mental health.

“None of this is his fault,” Ali said.

Banfield was having a mental breakdown at the time of the incident but has since been put on a different medication that is better for his health. He has been through multiple evaluations and treatment both before and after this incident took place.

Ali said his family was upset by the fact that he was attending a mental health facility at the time of his arrest. Banfield was placed into the High Intensity Supervision Program (HISP) and strayed with his mother, who was also present for the Jan. 10 proceedings. She said she has had no problems with him while he’s been staying with her.

“He’s not really a violent person- it is his mental condition,” she said, explaining that the only reason he committed the actions was that voices in his head told him to. She asked for Banfield to receive a sentence that is on the lower end of what is suggested for the charges.

“This is a very concerning case,” DC Superior Court Judge Robert Okun said during the hearing. He said before this, Banfield had been an engineer and received a bachelor’s degree.

Judge Okun agreed with the prosecutor’s recommendation and sentenced Banfield to 180 days for unlawful discharge of a firearm and two years for carrying a pistol without a license. He suspended both sentences in his entirety and set them to run concurrently. Banfield received three years of supervised probation for each charge, which will also run concurrently.

Conditions of Banfield’s probation include receiving a mental health screening and treatment as deemed necessary by the Court Services and Offender Supervision Agency (CSOSA) as well as registering as a gun offender.

Judge Denies Prosecutor’s Emergency Motion in Sex Abuse Case

A DC Superior Court judge denied a prosecutor’s emergency motion to change the bond conditions of a sex abuse and kidnapping defendant currently on pretrial release.

The 60-year-old defendant is charged with kidnapping and second-degree child sex abuse for allegedly sexually assaulting his 11-year-old neighbor while her mother was not home.

The prosecutor in the case had filed an emergency motion due to becoming aware of a flight to Ethiopia the defendant had planned. During the Jan. 7 hearing, they said the defendant was a flight risk and asked for his release conditions to be altered to specifically state he is not allowed to leave the United States.

Defense attorney Jacqueline Williams rebutted, saying the defendant had a flight back. He said the defendant had gone to the courthouse on his own and told multiple people about the trip, including a detective. She said he plans on visiting his ailing parent while there.

“That does not sound like the type of person who’s trying to flee or hide,” Williams said, adding that the defendant had been in compliance with all his pretrial release conditions.

Judge Robert Okun denied this motion, saying it would not make sense to limit his conditions at this time.

Another hearing is scheduled for Jan. 25 in this case.

Domestic Violence Defendant Seeks to Represent Himself

A domestic violence defendant filed a pro se motion to represent himself in court.

The defendant is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, unlawful possession of ammunition, carrying a pistol without a license and second-degree cruelty to children. He is currently being held at DC Jail.

During a Jan. 7 hearing, the defendant indicated that he wants to continue his case pro se. This is not the first time he has made requests on his own behalf. In May 2021, he asked to have his charges dismissed entirely. How dismissal works was explained to him in detail and in response, his lawyers asked for him to receive a mental evaluation before continuing with the case.

Two months ago, he told the court he planned on doing this and his lawyers took the time to explain to him in court what this would mean for his case, pushing his trial out and receiving a competency evaluation. Yet during the Jan. 7 proceedings, he decided that instead of being defended by attorneys Howard McEachern and Donna Beasley, he only wanted them serving advisory roles.

DC Superior Court Judge Robert Okun decided to hold off on ruling to transfer the defendant to St. Elizabeths Hospital, DC’s psychiatric institution, for a criminal responsibility evaluation. From there, they will determine if he is mentally competent to defend himself.

A mental observation hearing is scheduled for March 29.

Man Sentenced to 10 Years for Shooting that Killed Innocent Bystander

A DC Superior Court judge sentenced a man to 10 years in prison for a shooting that killed an innocent bystander.

Lagioria Brinkley was 36-years-old when she was struck in the head by gunfire while walking down a sidewalk in Anacostia on the night of March 20, 2020. She was not associated with the defendant, NeQuan Carthens, who says he did not intend for her to die.

“She had no right for her life to be taken away,” 21-year-old Carthens said during the Jan. 7 sentencing.

The prosecutor played video footage of the shooting, which took place on the 1900 block of 16th Street, SE. The footage shows a blue vehicle traveling along a brick east-west alley. Carthens and another individual can be seen exiting the vehicle before firing into the street, getting back into the car and fleeing the scene. Carthens fired his weapon nine times, according to Judge Danya Dayson.

“His actions shattered the calm of that neighborhood,” the prosecutor said, noting that there was another group of people congregating nearby when Carthens opened fire.

Defense attorney Kevann Gardner agreed that the video was troubling but also said it was not representative of who Carthens is as a person. He recalled first meeting his client, who he said was distraught upon learning of Brinkley’s death.

“I have nothing but remorse,” Carthens said, apologizing to the victim’s family. Family members were present at the sentencing but none chose to make a victim impact statement.

Carthens was initially charged with first-degree murder while armed in this case. Last October, parties reached an agreement that he would plead down to voluntary manslaughter while armed. The plea deal includes an agreed-upon sentencing recommendation of 10 years in prison followed by five years of supervised release.

This is the defendant’s first adult conviction. He was also never arrested as a juvenile.

Gardner asked Judge Dayson to sentence his client under the Youth Rehabilitation Act, which would allow his case to be effectively sealed if he completes certain requirements. The prosecution opposed this request.

Judge Dayson decided to hold off ruling on the Youth Act, expressing the desire to see how he conducts himself during his incarceration. During the proceedings, she emphasized the dangerousness of firing into an area with bystanders nearby, calling such actions “abhorrent.”

Gardner also asked Judge Dayson to recommend that Carthens be placed at FCI Beckley, a federal prison in West Virginia, so he can participate in their Bureau Rehabilitation and Values Enhancement program. The cognitive-behavioral program often referred to as the “BRAVE” program lasts for six months and is designed to help young inmates adjust to incarceration, according to the Bureau of Prisons. Judge Dayson agreed to Gardner’s request.

D.C. Had 48 Mass Shootings in the Last Six Years

A grocery store. A gas station. A barbershop. A non-denominational church. Homicides are on the rise in Washington, DC and mass shootings are one of the causes. Neighborhoods spanning across the District have been ravaged by mass shootings in the last six years. D.C Witness documented and analyzed every single one that has occurred in the last six years.

The number of incidents varies when addressing mass shootings. The FBI and other organizations define it as any incident with four or more victims hit by gunfire. D.C. Witness follows this definition.

This means that while there has yet to be an incident with four or more people killed during the last six years- there have been 48 incidents where four or more people were hit by gunfire. But the yearly rate of mass shootings is only rising. Washington, DC saw the highest number of mass shootings in 2021 with 14 incidents.

On July 4, 2015, a mass shooting took place near a school in the Barry Farm neighborhood in Southeast DC.

Harry Herbert and Shakim Lyons, who were 28 and 26, respectively at the time, came into view of a surveillance camera at 7:13 p.m. while on a sidewalk on the 2600 block of Douglass Place, SE. They stop briefly before entering a building nearby.

The camera captured two suspects leaving the building three hours later, walking and conversing. A few minutes after the men left, they began to physically fight. As others quickly gathered around to watch, the fight escalated into a gunfight that included two different groups of people.

More than 100 shots were fired from the two suspects and two others.

Dwayne Dillard, 23, was shot on the side of his body and killed during the altercation. Three others were also shot, including Lyons, who was shot in the eye and later charged with second-degree murder while armed along with Herbert and James Coffield, who was 23 at the time.

A witness told officers that Lyons and Jonathan Taylor, who was 24 at the time, were on opposite sides of the shootout. The witness also said Herbert was firing at Taylor and another person on his side of the fight.

Herbert, Coffield and Lyons later pleaded guilty to voluntary manslaughter. Herbert was sentenced to 11 years, Coffield to seven-and-a-half years and Lyons to two years in prison.

Taylor also pleaded guilty to voluntary manslaughter in relation to the mass shooting but was sentenced to six years. He was also sentenced in a separate incident to 40 years in prison for first-degree murder in relation to the 2014 death of 25-year-old Dexter Motley, D.C. Witness previously reported.

Dillard is not the only person to die from a gunshot wound incurred during a mass shooting in Washington since 2015. D.C. Witness found that 28 people have died in mass shootings and 221 others have been injured in the last six years.

But only 37% of the mass shootings in the District in the last six years have led to an arrest. And even when a suspect is arrested, prosecutors may make the cases inactive, meaning cases can be suspended for any reason.

One mass shooting without an arrest left 21 people with gunshot wounds and one teenager dead. According to documents from the MPD, hundreds of people were gathered on Aug. 9, 2020, in a Southeast neighborhood located in Greenway for a block party when at least four gunmen opened fire, shooting more than 100 bullets into the crowd.

The organizer had been denied an event permit due to the 50-person limit Mayor Muriel Bowser set on events amid the COVID-19 pandemic. Former MPD Police Chief Peter Nesham held a press conference with Mayor Bowser in the wake of the mass shooting and focused their concerns on the violence itself rather than the illegal gathering.

Like many other mass shooting incidents, there have been no arrests in relation to this shooting. Christopher Brown was just 17 years old when he was shot and killed that night. But he is not the only young person to be killed in a mass shooting. Six victims under the age of eighteen have been killed in mass shootings.

Mass shootings are affecting the younger population more than homicides, according to D.C. Witness data. The average age of both victims and suspects arrested was just 23 years old. This is significantly younger than the average homicide age of 32. Less than half of these incidents have someone dying due to gunshot wounds.

Ten mass shooting investigations have been closed before an arrest was made, while many still remain open.

On Oct. 25, 2015, five people were shot in the Washington Highlands neighborhood, which is also located in Southeast DC. Multiple vehicles were hit, but nobody died from their gunshot wounds. The investigation was closed two months later without an arrest. The motive for the shooting is unknown.

Check out our interactive map to see all of the mass shooting incidents that have happened in DC over the last six years.

Parties Close to Plea Agreement in Sex Abuse Case

Parties in a sex abuse case are close to reaching a plea agreement.

The 19-year-old defendant is charged with first-degree child sex abuse for allegedly sexually assaulting a girl multiple times when she was 11-years-old.

During the Jan. 6 hearing, parties told DC Superior Court Judge Rainey Brandt they were close to a plea deal for a misdemeanor charge and would like to set a date for the defendant to accept the plea.

“We’re extremely close, I would say 95 to 100 percent there,” defense attorney Johnathan Lanyi said.

Judge Brandt set a Jan. 25 date for the defendant to accept the plea.

Trial Concludes with Parties Presenting Opposing Theories on Evening of Deadly Shooting

After a two-week delay and multiple other complications along the way, a trial centered on an 11-year-old’s fatal shooting wrapped up with parties delivering their closing arguments before the case was handed off to the jury.

Tony McClam is charged with first-degree murder while armed in the 2019 death of Karon Brown. His trial began on Dec. 6. A number of witnesses including a detective had testified but the trial was paused on Dec. 21 after McClam tested positive for COVID-19. Parties all tested negative before entering the courthouse after the new year for the final days of the trial.

DC Superior Court Judge Neal Kravitz said he was informed by his court clerk that McClam was not on the Department of Corrections’ transportation list for the second day in a row, even though he was scheduled for a hearing on both days. This presented issues but they were able to get McClam into the courtroom by 9:30 a.m., the scheduled start time for the hearing. The clerk was only made aware because she gave a U.S. Marshal her cell phone number for them to call if there were any issues.

“I don’t know what is going on and I don’t know why this happened but I am inclined to issue an order today to the director of the Department of Corrections,” Judge Kravitz said, saying he will ask for McClam to be there every single day until further notice, other than on weekends.

Judge Kravitz said that one of the jurors tested positive for COVID-19 on Jan. 4, right after closing arguments began. That juror appeared virtually for the next day’s proceedings. Another juror was denied entry because they noted they had a cough on their COVID questionnaire upon arriving at the courthouse that same day. They were eventually able to enter after Judge Kravitz’ chambers intervened.

“Anyone who is brutally honest on those forms is going to be in trouble,” defense attorney Jason Tulley said.

“On the other hand, we like honest jurors,” Judge Kravitz replied.

When the jury came in, they were given instructions that took more than an hour to explain. Judge Kravitz told the jury in detail how exactly they should examine each charge and detailed what it takes to prove beyond a reasonable doubt that McClam is guilty of each specific offense. He also emphasized looking at each individual witness and assessing their demeanor and behavior when on the stand.

The prosecution and the defense had near opposite stances on what happened the evening of July 18, 2019. The prosecutor described the shooting as premeditated murder while defense attorney Jason Tulley framed it as self-defense.

The prosecution began delivering their arguments on Jan. 4, showing a picture of Brown on the front page of their slideshow. McClam, they allege, wanted to shoot Brown because he did not want another child to get away from his discipline – which shows premeditation.

McClam and a group of people walked over to a BP gas station on the corner of Naylor Road and Alabama Ave, SE, from a nearby residential area because someone asked them to talk to a group of boys involved in an alleged bullying issue. He scolded the boys, who ran off. The prosecutor showed videos and photos from the gas station security camera of McClam during this period of the incident.

Brown was in the area at the same time and can be seen in the same footage.

After the group was scolded, Brown got in a vehicle and left, but the driver circled back to confront McClam about his interactions with the kids, including Brown, which allegedly led to the shooting. The driver first began to drive away but made a U-turn back towards McClam. The prosecutor brought up the driver’s testimony, where he said the reason he turned around was to confront McClam about punching Brown when he was scolding the kids.

The prosecutor said the driver’s actions were valid because he wanted to confront McClam about his actions. He said the defendant shot Brown when he was confronted was to get back at him for misbehaving.

“He did it without justification and he did it intentionally,” the prosecutor said.

Photo evidence of Brown’s blood-stained shirt was shown by the prosecutor, calling attention to how it was originally white until he was shot. By the time it was removed from Brown’s body for evidence collecting, it was drenched in blood. He showed photos of the video surveillance as well, going frame by frame to show how McClam could have clearly seen Brown in the vehicle prior to firing his weapon. This shows, according to the prosecutor, that the shooting was not an accident.

The 911 call from the driver’s girlfriend has played the prosecutor. He said that they were attempting to get help for the 11-year-old victim while driving him to a nearby fire station for medical assistance.

Legal terminologies were also explained by the prosecutor- how transferred intent works in a charge. If McClam was intending on shooting the man driving the vehicle, he is still at fault for Brown’s death because of the transfer. The prosecutor said this places the blame on McClam even if the jurors decide he did not fully intend to shoot the child. He also questioned if the legal precedent for self-defense was even a defense at all- asking if there was reasonable ground for McClam to believe he was about to be shot at. McClam said the driver motioned that he was about to pull a gun when he fired- but the only shots that were fired were by McClam.

“Find him guilty, ladies and gentleman, of all counts,” the prosecutor said, harping on their idea that McClam meant to kill Brown.

Tulley began the first ten minutes of his closing on Jan. 4 but finished the following day. His opening slide just said, “Tony McClam is not guilty”.

He agreed with the prosecution that McClam had gone up to the gas station to scold the group of boys. The defendant works with children for a living, rehabilitating and mentoring those in lower-income communities, so to him this made sense.

But the story differed when talking about why the shots were fired.

Tully said McClam thought he and the children nearby him were about to be the victims of a drive-by shooting. The only reason McClam was still in the area was that, while going back to the residential area, someone stopped him and wanted to go back to confront the children again. The reason he shot at the vehicle was out of self-defense- the driver had previously directly threatened him. His brother had died due to gun violence and McClam was not wanting to follow in his footsteps.

“He never knew Karon was in the car,” Tulley said.

When McClam found out about Brown dying from gunshot wounds, Tulley said, “he cried and became depressed and eventually turned himself in to police”.

Tulley harped on what self-defense is defined as in law. He focused on three principles- the presumption of innocence, burden of proof, and proving beyond a reasonable doubt.

“The details matter,” Tulley said, explaining how McClam is still presumed innocent until when and if the jury finds him guilty.

The prosecutor has the burden of proving Tony did what he’s being charged with, but Tulley argued this is lacking. One witness, in particular, the driver, made the prosecutor’s argument fall apart, Tulley said.

The witness turned back around to go see the group, which Tulley agreed with. While the prosecutor said the driver came upon McClam on accident, Tulley said this was no accident-it was purposeful. While the prosecutor claims this is because he was trying to flee, Tulley said he had turned back around it was because the driver was trying to “take care of it himself” citing him previously threatening McClam.

When driving Brown to receive medical attention the witness took a much longer route than necessary and was careless, Tulley said. He went to a fire station, and not a close one. Tulley showed a map of just how much closer a different fire station was compared to the one he went to. He also took a long way, through a neighborhood with speed bumps. Tulley said the witness was not driving fast because no speeding tickets were recorded with ticketing cameras in the area. His girlfriend, the second passenger, also hung up on the 911 person in order to call his mom, who was an EMS personnel.

McClam testified that seconds before firing, the driver used “street” terminology for pulling out his gun, then made a gesture that he was about to. This is what triggered McClam to fire the gun he was carrying. Tulley said the reason he had the gun was because of the dangerousness of the neighborhood, not because he planned to shoot anyone in particular.

The prosecutor did not cross-examine McClam during his testimony but instead relied entirely on this witness, who was driving the car when Karon was shot. Tulley said this weakened the prosecutor’s case.

Regardless of anything, the witness also was previously forced to quit his position as a cadet in the police force for issues relating to a robbery incident. Tulley claimed this invalidated him, adding to the unreliability of his testimony.

“He’s making things up right from the start,” Tulley said, harping on the idea that the witness lied. The medical examiner did not find any proof in the autopsy of Karon being punched, yet the witness says he saw it happen.

Multiple people who were directly at the scene of both the shooting and the previous confrontation were not called to testify, Tulley said. This little number of witnesses shows a gap in their story and cannot hold the burden of proof.

Tulley also blamed that the Department of Forensic Services (DFS) was to blame for the lack of evidence One of the people currently being investigated at the DFS was heading up their portion of the investigation and according to Tulley, they mishandled evidence at the scene. The jurors were instructed on how to go about DFS material because of the ongoing investigation.

On the self-defense perspective, Tulley explained how exactly McClam’s actions fall under that ruling. McClam testified that he had seen videos of drive-by shootings and felt that the situation he was in was all too similar. His brother had been killed in a shooting and he was determined not to be the same.

“I thought someone was going to kill me like they did my brother,” McClam said.

The two parties also claim the fatal shot, one of four fired, hit Brown on a different street. While the prosecutor claims it occurred on Naylor road, the defense said it was on Alabama Avenue. Tulley used physics and angles to prove his stance during his closing argument, during what he said is his “favorite part” of the defense. Tulley provided a graphic on how each of the four bullets entered the vehicle on Alabama Avenue and showed how they were not directed at Brown but instead fired in self-defense. He said not only does the entrance and exit site of the gunshot wound on Brown prove this, but so do the other bullet holes on the car.

Tullley said McClam was “not able to make those shots” because of the angles of the shots and the physics behind it.

Tulley invited the jury to play with the map and even went into explaining how to use it. He said there is no possible way Brown was ducking for cover out of fear, like the prosecutor said. The only way the bullets could have hit him at the angles he did was if Brown was sitting up.

The prosecutor had a chance to rebut before the case went into the hands of the jurors. They focused their attention on what they believed to be evidence the defense wrongly presented.

He reiterated that they believed the fatal shot was on Naylor Road- before the driver turned the corner to Alabama Avenue. He praised Tulley for explaining how to use the map and that if they did, they would clearly see something different than the defense.

“For the demonstration of angle, he put that car in the right lane, ” the prosecutor said about the car Brown was in on the map, explaining that the car was in a different place.

He also rebutted any claim that the witness was being malicious when driving.

“Would it be completely outrageous for him to pick up Karon and go back to ask, ya know, what did you do to this little boy,” the prosecutor said. “He wanted to talk to this guy about why he attacked this little boy.”

The prosecution explained how they did not go into self-defense because it was a “preposterous” idea to even bring up. They focused on McClam’s intent, saying it was to hurt Brown. He also commented on the issues with the witness, saying they were “not a perfect person” but did not know the true reason they had to resign until years later.

Once closing arguments were over, Judge Kravitz explained now the jurors would deliberate while social distancing in the courthouse. A large room with socially distanced tables was made available. Jurors left soon after and will deliberate until a decision is made.

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