Judge Finds Probable Cause in Case of Deadly Assault

A DC Superior Court judge found probable cause for a second defendant charged in connection with a deadly assault near the intersection of Clay Terrace and 53rd Street, NE.

Antonio Hensley, 29, is charged with second-degree murder in connection with the death of 33-year-old Andre Robertson. He is charged alongside the victim’s cousin, 33-year-old Darius Robertson.

Andre was assaulted close to midnight on Oct. 1, 2021, and died from his injuries the next day. Darius was arrested the following December.

A judge ruled that his case had enough evidence to go to trial during a preliminary hearing on Feb. 18. Hensley was arrested five days later.

During Hensley’s preliminary hearing on April 26, the lead detective displayed several items of evidence, including surveillance footage and phone records.

The footage depicts the cousins and another individual fighting when Hensley enters the frame and brandishes what appears to be a firearm.

He seemingly knocks Andre onto his back before Darius charges the victim, beating him while he was on the ground unconscious. Hensley appeared to attempt to stomp on the victim before leaving the scene.

During cross-examination, defense attorneys Austin Terrance and Kevann Gardner questioned the detective on the legitimacy of the witness’ statements.

None of the witnesses interviewed saw the attack. Instead, they only heard of the attack or saw the aftermath.

The defense team established that there was so much PCP in the victim’s system that first responders could smell it. Gardner concluded his line of questioning by noting how Hensley has no relationship with the victim nor bias towards him. He was also didn’t communicate with Darius before or after the incident.

Gardner said there Is no preponderance of the evidence that could prove Hensley had any intent to kill the Andre. Gardner argue that Hensley was only standing by, and the fight approached him. He said there was no way of deciding who delivered the fatal blow.

The prosecutor replayed the footage of the incident, saying the two men beat another person to death. He asked Judge Milton Lee to find probable cause for the charge of second-degree murder.

Judge Lee ruled that there was enough evidence to establish probable cause.

“He had nothing to do with this and he did it anyway,” he said as he gave his decision.

After Judge Lee found probable cause, Austin requested his client’s release from DC Jail under the High Intensity Supervision Program (HISP), saying he is not a danger to the community and has a family that depends on him.

The prosecution asked for him to remain detained based on the nature of the alleged offense and Hensley’s criminal history, which includes two prior arrests in 2017 for allegedly selling PCP and carrying an illegal firearm.

Judge Lee agreed to keep Hensley detained, saying “it is not even a close call.”

Hensley is scheduled to return to court with Darius on June 3 for a felony status conference.

Domestic Violence Trial Resumes With Prosecution Calling 5 Witnesses

A domestic violence trial continued into its second day with the prosecution calling five people to the witness stand.

The defendant is charged with cruelty to children, threat to kidnap or injure a person and simple assault. He is accused of attacking a woman outside a homeless shelter as she held their 18-day-old son in a car seat, injuring the baby in the process. The defense asserts he was trying to protect his son from his mother.

During the second day of the trial on April 26, the prosecutor called a security officer at the shelter to testify. This witness said they heard an argument between the victim and defendant and saw the defendant attack the victim.

Two officers who were present at the scene took to the witness stand. One of them recalled the woman having bloody lips. During cross-examination, it was revealed that when the victim was asked whether she had a bloody lip or if she was wearing red lipstick, she replied that she was wearing red lipstick.

Three more witnesses delivered testimony before the court took a lunch break. During the break, the defense attorney was notified that he had come in close contact with someone who tested positive for COVID-19. DC Superior Court Judge Marisa Demeo told him to get a rapid test. He tested positive.

The trial was scheduled to resume on May 2.

Sexual Assault Case Dismissed Without Prejudice

A sexual assault case was dismissed without prejudice.

DC Superior Court Judge Maribeth Raffinan heard from the defense, prosecutor and medical representation on the possibility of dismissing the case on April 27. The defendant was not present for the hearing, despite attempts to send him a judicial summons in February.

The victim wrote a statement advocating for the criminal case to remain open, which was read by her lawyer during the proceedings. In it, she states that she has waited four years for justice.

The defendant was charged with assault with intent to commit first-degree sexual abuse. After being found incompetent to stand trial, he was transferred to St. Elizabeths Hospital, Washington’s psychiatric institute, in late 2017. After spending a few years there, he was released to a halfway house. He was not contacted until two weeks after his release and the court has had difficulty getting ahold of him ever since.

The statutory timeline for the case to remain open would end on Aug. 28. Judge Raffinan decided that, based on the circumstances of the case, it would be dismissed without prejudice.

Document: Homicide in Northeast, DC

Metropolitan Police Department detectives are investigating a homicide that occurred in Northeast, DC.

At approximately 3:25 p.m. on April 25, officers responded to the 5200 block of Just Street, NE, for the report of a shooting, according to a press release. There, they found 22-year-old Kinnon Abdullah suffering from a gunshot wound. He was pronounced dead at the scene.

Document: Virginia Man Shot to Death in Northeast, DC

Metropolitan Police Department detectives are investigating the fatal shooting of a Virginia man in Northeast, DC.

At approximately 11:35 p.m. on April 25, officers responded to the 5000 block of South Dakota Avenue, NE, for the report of a shooting and a traffic accident, according to a press release. There, they found 26-year-old Zekariya Elmi suffering from a gunshot wound. He was pronounced dead at a local hospital.

Man Sentenced for Shooting 21 Year Old in the Back

A DC Superior Court judge sentenced a defendant for shooting a 21-year-old man multiple times in the back in 2018.

Co-defendants Kewon Hunter and Stephon Evans were charged with first-degree murder while armed in connection with the death of 21-year-old Dion DeMarco Boyd. On July 30, 2018, Boyd was found unconscious in a roadway in front of the 1400 block of Maryland Avenue, NE, suffering from multiple gunshot wounds in his torso. He died from his injuries within the hour, according to court documents.

Hunter, 22, pleaded guilty to voluntary manslaughter while armed in February.

Boyd’s mother made a victim impact statement during Hunter’s sentencing hearing on April 26. His grandmother submitted a written victim impact statement, which was read by a prosecutor during the proceedings.

In the letter, Boyd’s grandmother stated that she “forgives [Hunter] and hopes he forgives himself.”

The victim’s mother attended the hearing via telephone and expressed her disagreement with the defendant being allowed to plead down to the lesser charge of voluntary manslaughter. She said she only “wants justice for her son.”

As part of the plea deal, parties agreed to recommend a prison sentence of 10-12 years followed by five years of supervised release. Before Judge Robert Okun made his decision, he recommended that Hunter participate in an anger management and substance abuse assistance program and obtain employment after his release.

Defense attorney Betty Ballester asked Judge Okun to sentence her client under the Youth Rehabilitation Act, which would allow his case to be sealed from public view if he completes certain requirements. Hunter was 17 years old at the time of the homicide, and Ballester argued that a person with the brain of a child cannot think things through. Judge Okun acknowledged that Hunter met the requirements of the YRA, but declined to impose it as part of the sentence.

Hunter was sentenced to 12 years in prison with 5 years supervised release. He will be required to register as a gun offender.

Evans, 21, pleaded guilty to voluntary manslaughter and carrying a pistol without a license. He is scheduled to be sentenced in July.

New Attorney Appointed to Represent Defendant Accused of Armed Sexual Assault

A man indicted on 21 charges including first-degree sexual abuse while armed was appointed a new lawyer due to a conflict of interest that precluded the DC Public Defender Service from representing him.

The victim was sitting in her vehicle in the Garfield Heights neighborhood on the night of March 20, 2018, when the 21-year-old defendant allegedly approached her with a handgun and ordered her to open the door. He then allegedly made the victim drive to an alley and raped her before forcing her to drive to Anacostia Park, take her clothes off and jump into a body of water.

Criminal Justice Act Panel attorney Andrew Ain was appointed to replace public defender Joseph Wong during the most recent hearing for this case on April 25 due to a conflict of interest with the PDS.

Prior to the change in counsel, the defendant asked DC Superior Court Judge Maribeth Raffinan to release him from DC Jail. Judge Raffinan told him his newly appointed attorney would have to file a motion for his release.

“I can file the motion myself,” the defendant said. “I never needed a lawyer in the first place. I just want to go home to my mother.”

After parties were dismissed from the hearing, the defendant explained to those left in the room how he felt betrayed.

“Look, judge, I just want to go home to my mom. I went through a trial and nothing happened. I should at least be able to go into home confinement,” the defendant said. “You told me to trust you, and I did. So why you cannot trust me?”

Judge Raffinan told the defendant that he should direct any questions about the case to his lawyer. Another status hearing is scheduled for May 16.

Parties Deliver Opening Arguments in Domestic Violence Trial

Attorneys made their opening statements after a DC Superior Court judge swore in 16 jurors for a domestic violence trial.

The defendant is charged with one count of cruelty to children, one count of threatening to kidnap or injure a person and one count of simple assault.

“Choices have consequences, and the defendant chose violence,” the prosecutor said.

The defendant is accused of tackling a woman outside of a homeless shelter they were staying at as she held their 18-day-old baby in a car seat. He allegedly yanked the car seat from the mother, causing the newborn to fly out of the seat and fall headfirst onto the concrete, and continued attacking her as the child lay motionless on the ground.

The prosecutor said the entire ordeal was caught on surveillance video and will be shown throughout the course of the trial.

“You will see his choices, you will see his violence,” they said.

The prosecutor told jurors they will hear from multiple pedestrians who came to the infant’s aid. The infant suffered two fractures to the skull, brain bleeding, swelling on the forehead and swelling around the eyes.

Defense attorney Kevin Mosley began his opening statement by saying his client did not beat his child. He argued that the events leading up to this day were what led to the altercation. He said the defendant did not spend the night before the incident with the victim, instead staying with the mother of his first child, which he alleges enraged the victim.

The defense alleges that when the defendant went to pick up his second child and infant to take them to the homeless shelter, he found his son sitting in his own urine and the mother refused to take care of him unless the defendant stayed the night with her. Mosley alleged the mother of the defendant’s kid had consumed four small bottles of wine the morning of the assault and was still drinking at 10:00 a.m. when the events unfolded.

“Too drunk to take care of their son, too drunk to hold her balance,” he said.

Mosley claims that the reason the 18-day-old newborn was flung out of the car seat was due to the mother not securing the car seat properly.

“He had no intention of harming his son, he was simply trying to protect his son from his drunken out-of-control mother,” he concluded.

The trial is scheduled to resume on April 26.

Judge Finds Probable Cause in Case of Deadly East Corner Neighborhood Shooting

A DC Superior Court judge found probable cause that a defendant committed second-degree murder while armed in reference to an East Corner neighborhood shooting.

On the morning of Dec. 14, 2021, Metropolitan Police Department officers found 44-year-old Jacques Russ lying in a roadway on the unit block of 61st Street, NE, suffering from a gunshot wound to the head. The following March, 21-year-old Jamaarr Morgan was arrested and charged with first-degree murder while armed.

During Morgan’s preliminary hearing on April 25, a prosecutor called one of the detectives who worked on the case to testify about his investigation. He said a .357 shell casing, blue hat, black computer bag, AirPods and broken eyeglasses were found at the crime scene.

The prosecutor displayed images of an individual believed to be Morgan inside a metro facility and on the second floor of a Quality Inn.

The detective said Morgan kept giving officers different stories when he was questioned. Eventually, Morgan said Russ had punched him multiple times, injuring him and prompting him to decide he could not do anything but shoot Russ.

The prosecutor countered Morgan’s claim by saying that Russ was not found to have sustained any injuries on his hands.

During defense attorney Dana Page‘s cross-examination of the detective, it was revealed that Russ has dealt with mental illness and was known to be paranoid about being robbed.

The prosecutor asked Judge Milton Lee to find probable cause. She said Morgan bringing a gun to the crime scene indicated he went into the situation with the intent to shoot Russ.

Page argued that the only actual evidence is what Morgan recounted to detectives after the incident.

“If he wanted to defend himself, he would have taken the sock and rock out of his bag to hit him,” she said.

“Why should I believe Morgan’s statement?” Judge Lee asked Page.

“The reason behind it is the final version of his statement and the fact that detectives could not get any more information,” Page replied.

Judge Lee said this homicide did not constitute first-degree murder while armed as no motive is demonstrated, but he did find probable cause for second-degree murder while armed, saying there was little claim to self-defense.

After Judge Lee made this ruling, Page argued that her client should be released from DC Jail into the High Intensity Supervision Program with GPS monitoring, citing his lack of a criminal record.

The prosecutor countered that Morgan left for New York after the homicide and then came back.

Judge Lee decided to continue Morgan’s detention, saying he is a fight risk since he previously left Washington and allegedly armed at the scene.

Parties are scheduled to meet in court for a status hearing on July 12.

At the defense’s request, Judge Lee ordered a preliminary screening to determine the defendant’s competency to stand trial. A mental observation hearing is scheduled for May 11.

Homicides by Day of the Week in 2021

In 2021, Fridays saw more homicides than any other day of the week, according to D.C. Witness data.

Hearing Plans Change Following Arrest of Third Co-Defendant Amid Plea Negotiations in Murder Case

Defense attorneys in a murder case asked for more time to negotiate a plea offer and gather information in the aftermath of a third defendant’s arrest.

Darquise Montgomery was arrested on March 14 for his alleged role in the fatal shooting of 25-year-old Anthony Lee on Martin Luther King Jr. Avenue, SE, on Sept. 26, 2020. Montgomery is charged with murder alongside Niko Hall and Kyree Wells, who were arrested in 2020.

During an April 22 status hearing, attorneys in Hall and Wells’ cases agreed to reschedule an Innocence Protection Act hearing due to Montgomery’s arrest. Attorneys said they hope to reach a disposition for the two by the next hearing.

Montgomery’s attorney, Elizabeth Weller, said she did not want to move forward with the IPA inquiry since she was just appointed a month ago and wanted to go forward with a motion she filed for her client’s release from DC Jail.

Judge Rainey Brandt granted the request and gave the prosecutor two weeks to respond to Weller’s bond review motion. The prosecutor said he plans to have a response by the end of next week.

Wells’ attorney, David Benowitz, asked Judge Brandt to transfer his client to the Young Men Emerging (YME) program, a housing unit run by the Department of Corrections, because he is serious about continuing his education. Judge Brandt said she could not order the transfer but could recommend it. Montgomery is also a part of the YME program.

Judge Brandt noticed the young men had a lot of supporters in the audience and encouraged them to keep their heads high.

“Do not let the stress of the situation take over your mind. Just look in the crowd knowing you have help and something to fight for,” she said.

Montgomery was arraigned on charges of first-degree murder while armed, carrying a pistol without a license, assault with the intent to kill while armed and two counts of possessing a firearm during a crime of violence.

A status hearing is scheduled for June 10.

Homicide Defendants Most Likely to be in the 25-30 Age Range, Data Shows

A plurality of the homicide defendants arrested since the beginning of 2020 was in the 25 to 30-year-old age range at the time of their arrest, according to D.C. Witness data.

Causes of Domestic Violence Related Homicides Over a Two-Year Period

Eleven homicides occurred due to domestic violence issues from April 20, 2020, to April 20, 2022, according to D.C. Witness data. This graphic explains the gender of the victims and the manner of their deaths.

Domestic Violence Defendant Sentenced for Assaulting, Threatening his Girlfriend

A domestic violence defendant was sentenced to serve three years in prison for assaulting his girlfriend.

During the sentencing hearing on April 22, DC Superior Court Judge Michael Ryan said Jonathan Ashworth threatened to kill his girlfriend and pulled a knife on her in the presence of children. In February, Ashworth pleaded guilty to threatening to injure or kidnap a person and assault with a dangerous weapon.

A portion of the victim’s impact statement was read in court. In it, she stated that her children were taken away from her and she does not want that to happen to anyone else.

“On previous occasions, Jonathan had a gun even when he was on probation and that is when he threatened to kill me,” the victim wrote.

Ashworth has a history of violating court orders and came into the sentencing with a criminal history score that Judge Ryan called too high for his age. The defendant has gone through several periods of incarceration throughout his life.

Judge Ryan said Ashworth’s father was in jail for a long time while he was growing up in an impoverished part of the city.

Ashworth ended up leaving the area to go to school in North Carolina due to behavioral issues. His academic experiences suggest that he should have had an Individualized Educational Program during this time, defense attorney Bruce Cooper said.

The prosecutor requested consecutive prison sentences between 60 and 80 months for each of the defendant’s two convictions. He argued that the two-and-a-half-year prison sentence he served for a previous offense did not work for him. The prosecutor also said Ashworth has yet to show remorse, as he allegedly coerced, dominated and exerted pressure over his girlfriend in letters he wrote during the case.

Cooper said his client was on PCP on the night of the crime and has had a toxic relationship with the victim for a very long time. Since he has been in jail and being medicated, he has been polite, Cooper added while requesting a three-year sentence.

Cooper also said his client is ready to apologize to the victim today in court, but Judge Ryan denied the request, saying, “he is not talking in court to anyone while locked up”.

Ashworth plans to live with his family in North Carolina upon his release from custody.

“I need more time to start a life with my new girlfriend,” Ashworth said. “I love my kids, and I am tired of going over and over the same thing; just want to start over.”

“Your past is holding you back,” Judge Ryan told him. “I think you are worth saving, but I have to protect the victim and the community first. You have been very dangerous to the community and this girl.”

Judge Ryan sentenced Ashworth to three years for assault with a dangerous weapon and a fully-suspended two years for threatening to injure or kidnap a person. He strongly recommended the defendant receive a dual diagnosis evaluation, treatment and counseling.

“You are a very young man and you have the ability to change the course of your life,” Judge Ryan told Ashworth. “You are capable of it and you need to do it.”

Document: Police Apprehend Suspect Wanted in Reference to Deadly Shooting

A Maryland man who was wanted on a DC Superior Court arrest warrant charging him with second-degree murder while armed has been arrested.

On the morning of Feb. 27, Metropolitan Police Department officers found 32-year-old Michael Whitehead suffering from an apparent gunshot wound on the 100 block of N Street, NW, according to a press release. He was pronounced dead at a local hospital.

On April 18, police informed the public that they have identified their suspect as 33-year-old Darrow Johnson, of Clinton, Md. Johnson was arrested on April 21.

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