Defendant Accused of Murdering 11-Year-Old Takes the Stand at Trial

The man accused of murdering 11-year-old Karon Brown one summer evening in Naylor Gardens took to the witness stand to testify in his own defense at trial.

The defendant, Tony McClam, is charged with first-degree murder while armed in Brown’s shooting.

While parties agree that McClam shot at a vehicle on July 18, 2019, the defense asserts that he did so because he thought the driver intended to attack him. Defense attorney Jason Tulley has argued that, due to his vision problems, McClam did not know Brown was in the car. When Tulley called his client to the witness stand during the Dec. 16 proceedings, he testified that he lost sight in his left eye and can’t see well in his right one. McClam said he was not wearing glasses at the time of the shooting.

Both parties showed scenes from the events leading up to the shooting in the surveillance footage they admitted into evidence. Tulley presented a clip of what appeared to be kids fighting. McClam said he had tried to talk to the kids but eventually decided to go home.

McClam said he was not angry during the day’s events. But during his cross-examination, one of the prosecutors in this case showed surveillance footage of McClam appearing to pursue some kids in what the prosecutor described as “following, charitably.” The kids can later be seen getting onto a bus.

McClam said that after he decided to go home another man asked him to accompany him to talk to the kids. McClam said he agreed to go with him, but wasn’t planning on doing anything since he had already talked to the kids. He said the other man was angry with the kids during the interaction that followed but he was not. McClam said he tried to offer his input during the confrontation but the other man kept telling him to shut up.

The prosecution emphasized McClam’s decision to have a gun on him. “I always take a gun,” McClam said.

The driver of the vehicle involved in the shooting said he saw Brown running away from two young kids and two adults, according to court documents. He said it appeared the child was getting jumped so he and the other witness in the vehicle agreed to give Brown a ride. The witness said he heard gunshots, turned around and saw Brown appearing to be bleeding from the head in the back seat.

During direct examination, McClam said an individual in the car looked like they were reaching for a gun, and he thought a drive-by shooting was about to happen. He said he’s seen a drive-by before in the news media and on YouTube.

While being questioned by one of the prosecutors in this case, McClam seemingly struggled to remember what he said earlier to his lawyer about how many people he noticed were in that vehicle. But he maintained he did not see the child and is “so sorry” for what happened now that he knows Brown was in there.

The defense said the children in the surveillance footage from the bus appeared to be smiling and laughing. When asked about it by his attorney, McClam said he wasn’t sure if the kids were laughing at him. The prosecutor later asked McClam if he shot Brown because Brown had laughed at him. But McClam did not answer the question because DC Superior Court Judge Neal Kravitz sustained Tulley’s objection to it.

Both parties dug into McClam’s past while questioning him. Tulley highlighted McClam’s past work with children. McClam said he used to make money around the Safeway, BP gas station and CVS on Alabama Avenue in Southeast, DC. He said that while he worked alone at first he eventually began working alongside some kids.

While the jury was outside the courtroom, the prosecutor questioned the relevance of the photos the defense wanted to show of McClam with children. Judge Kravitz let Tulley choose one, allowing it to be a different photo than the one he showed during his opening arguments.

The prosecutor also noted apparent lies McClam told in the past. This included video footage of McClam telling an officer he has no priors when, according to court documents, he does have a history of misdemeanors.

The prosecutor also noted how McClam refused to disclose the location of the gun to police.

During the investigation into the homicide, McClam said he bought the gun in North Carolina where he maintains a residence despite living in the District, according to court documents. A member of the Metropolitan Police Department (MPD) previously testified that she looked up if McClam had a license to carry a pistol in DC and found that he did not.

Judge Kravitz is allowing the jury to consider lesser homicide charges of second-degree murder and manslaughter. McClam is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed and carrying a pistol without a license outside a home or business in this case.

The trial proceedings are set to resume on Dec. 17.

Sex Abuser Pleads Guilty to Another Incident

A defendant pleaded guilty to attempted first-degree sex abuse. This is the second time he has done so in ten years.

On March 25, 2006, the victim was staying at a friend’s house to babysit her child, according to court documents. At 2:30 a.m. she heard a knock on the door and opened it. She saw the defendant, Christopher Grooms, standing there and recognized him from seeing him before with the friend. The victim told him the friend was not home.

Grooms told the victim he was not looking for the friend. He pushed her, forcing her into the child’s bedroom and onto a bunk bed. He held her at gunpoint, stating “if you say anything, I’ll empty this clip in you.”

Grooms proceeded to rape her and “did not use a condom,” according to court documents.

The victim received a rape kit, during which DNA evidence was collected. In 2020, forensic services were able to match Grooms to the rape through DNA he had previously given in a separate incident. In that case, he pleaded guilty in 2012 to the same charge and was sentenced to 51 months.

This charge comes with a mandatory minimum sentence of five years in prison. He will be required to register as a lifetime sex offender. Parties agreed that as part of his plea, Groom would serve eight to twelve years in prison.

DC Superior Court Judge Dayna Dayson sentenced Grooms to be sentenced in February.

Parties Argue Over Lack of Indictment Nearly 15 Months After Murder Defendant’s Arrest

Parties argued during an arraignment hearing over why the prosecutor had failed to file an indictment by the time the proceedings were held.

Nathaniel Bates is charged with first-degree murder while armed for allegedly killing Eddie Crist on May 8, 2020, on the 4000 block of South Capitol Terrace, SW. His presence was waved in this hearing due to his being in quarantine at DC Jail. This case was supposed to receive an indictment during the Dec. 17 hearing.

The prosecutor said that due to some general issues they are having which mostly include the rise in COVID cases in the District, they were unable to reach an indictment by the time this hearing rolled around.

“It’s not for a lack of effort,” the prosecutor said, explaining how their office has many cases to indict and are going through them as efficiently as possible.

Parties went back and forth arguing over why an indictment had not been filed, with defense attorney Prescott Loveland noting how the COVID cases only began rising recently yet 38-year-old Bates was arrested nearly 15 months ago and has been held in jail ever since.

“We can’t just keep using COVID as an excuse,” Loveland said.

Loveland orally motioned for Bates to be released into home confinement because of how long he has been held without an indictment.

DC Superior Court Judge Danya Dayson spoke with the prosecutor outside of open court regarding their reasonings for not having the indictment. She went on to explain that she does not believe the prosecutor has abandoned the indictment.

She scheduled another hearing. She said Loveland can recall the issues he presented today at that hearing.

Detective Takes Stand in Preliminary Hearing for Murder Defendant

The lead detective in a homicide investigation gave his testimony during a preliminary hearing to determine if the case has enough evidence to go to trial.

Darrell Moore is charged with first-degree murder while armed in the shooting of Julius Hayes on the 300 block of 18th Street, NE, on April 3. During a Nov. 18 hearing, the defense mentioned that a potential pre-indictment plea deal was on the table but due to the fact evidentiary proceedings have already begun, it appears negotiations have faltered.

Two video clips from surveillance cameras in the neighborhood positioned on opposite sides of the street where the shooting happened were shown. In both, a black sedan is seen driving up to a curb. It parks and the driver who is alleged to be Moore gets out. He leaves the frame of the video before returning less than two minutes later and driving off. Several kids can be seen playing on the sidewalk and around three or four pedestrians walk past the video frame down both sidewalks.

Several minutes later, the same car returns but somewhat double-parks this time, partially obstructing traffic on the street. The same man, who is alleged to be Moore, gets out once again and begins conversing with a shorter man believed to be Hayes. Following an apparent heated argument between the two, the shorter man leaves and crosses the street. The man believed to be Moore then follows him, moving out of frame. Several gunshots ring out and screaming voices can be heard as the alleged shooter ducks quickly back into the black sedan and drives off in the direction of C Street, NE.

In the second video, two neighbors ran out of their homes to investigate the noise and watched the shooter drive off. Hayes is not visible in either of the surveillance videos after being shot.

Several .40 caliber bullet casings were found in the vicinity but were determined to be irrelevant due to the murder weapon being a long-barrelled revolver. A revolver, unlike a handgun with a magazine, does not expel its casings when fired—casings remain in the cylinder and have to be discarded manually. Two projectiles were recovered from the scene, one on the sidewalk and one from the autopsy. Through forensic analysis, both were determined to have been fired from the same gun. Hayes was shot a total of six times on the right side of his body.

The defense and prosecution also stipulated to the discovery of stippling on Hayes’ body, which was detailed in the medical examiner’s report. Stippling is a secondary effect of getting shot that refers to orange and brownish marks, punctures and abrasions around entry wounds as a result of unburned or expelled powder from a bullet. Stippling marks were not observed by police officers at the crime scene on April 3—they were later discovered during an autopsy.

There was only one witness who identified Moore on the scene. When defense attorney Kevin Irving pressed the detective on the validity of the witness’s statement, he was reluctant to provide any contextual or relationship details that might reveal the witness’s identity.

According to court documents, a witness who provided background information for investigators said an individual by the name of “Greg” was in the area of the 300 block of 18th Street. Irving suggested “Greg” could have been the shooter, but the detective maintained that the investigation showed “Greg” was not at the location during the time of the incident. When Irving asked if the detective had spoken to “Greg” directly, he said he had not and that such a conclusion was reached using surveillance footage and witness accounts. The detective also added “Greg” was much taller than Moore, who is around five-foot-two, and was unlikely to have been the shooter seen on the two video clips.

Irving also pointed out various passersby, including a pedestrian who glanced at the two men arguing, as potential persons of interest. The detective explained those people were not pursued because they were determined to be irrelevant in the homicide investigation. When pressed on why he did not pursue nor identify at all bystanders for questioning, the detective replied, “I don’t just show witnesses a video and ask them, ‘Is this you?’”

Irving also questioned whether detectives could even tell Moore was driving the car in both video clips. “I mean, I see [Moore] now. I know what he looks like,” the detective replied, explaining how Moore’s skin complexion, physical build and physical height helped identify the defendant as the alleged murderer.

The black Ford Fusion, which the detective said belonged to Moore’s girlfriend, was caught by DC license plate readers entering DC from the lower end of Prince George’s County, Md. on the day of the incident.

The detective said search warrants were issued for Moore’s girlfriend, mother and stepfather’s homes during the course of the investigation. Moore’s stepfather pointed him to a hallway closet that belonged to the defendant. The detective said he found a pair of Timberland boots that were identical to a pair that were identified on the shooter at the incident location.

In the warrant for Moore’s arrest, a background detail revealed Moore and Hayes had an altercation at a prison between 2006 and 2007. When Irving asked about the details of the incident, the detective replied he could not recall from the investigation whether the defendant and the decedent were cellmates or held in the same cell block, but confirmed the two “overlapped”.

Another piece of evidence entered into the record were cell tower records acquired from several cell phones confiscated from Moore and the residences for which search warrants were issued. The detective said shortly after Hayes was shot, several calls were made in rapid succession that involved Moore’s phone across the regions he came from near Hyattsville and College Park, Md.

Parties were not able to finish the preliminary hearing on Dec. 15. Proceedings are scheduled to pick back up on Jan. 4.

Judge Rules Murder Defendant May Attend Son’s Funeral Virtually

A pretrial detainee in a murder case requested a DC Superior Court judge to allow him to be temporarily released so that he may attend his three-year-old son’s funeral. The judge denied the request but did allow him to be virtually present for the service.

Keshawn Taylor is charged with first-degree murder while armed in the shooting of 26-year-old Tyree Brox on Dec. 21, 2020, on the 5000 block of Bass Place, SE.

Defense attorney Brandon Burrell filed the emergency motion on Dec. 14. During the Dec. 16 hearing, Judge Danya Dayson was unwilling to grant 22-year-old Taylor’s release due to his criminal history and the nature of the alleged murder. She said she wanted to ensure that he can attend his son’s funeral so she allowed him to go virtually. Taylor’s defense counsel said they can make arrangements with the defendant’s family.

Taylor’s case is currently awaiting indictment. His next hearing is set for Jan. 28.

Prosecution Calls Final Witnesses in Murder Trial

Prosecutors called their final witnesses to the stand during a trial for the fatal shooting of 11-year-old Karon Brown.

Tony McClam is on trial for first-degree murder while armed in Brown’s death. If the defendant is convicted, prosecutors intend to seek a sentence of life in prison without release, according to court documents.

McClam is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed and carrying a pistol without a license outside of a home or business in this case.

The doctor who performed Brown’s autopsy the day after he was killed on July 18, 2019, took the witness stand during the Dec. 15 proceedings. The prosecution admitted photos from the autopsy into evidence and the doctor indicated the entrance wound in the victim’s top right back.

During opening arguments, the prosecution alleged that McClam bought the gun allegedly used to shoot Brown illegally at an out-of-state gun show. A member of the Metropolitan Police Department (MPD) testified that she looked up if McClam had a license to carry a pistol in DC and found that he did not. She also said that no one else in the apartment where McClam was living had such a license.

McClam purchased the alleged murder weapon in 2019 because he was living in an area with high amounts of crime and shootings, according to his attorneys, Aubrey Dillon and Jason Tulley. Four days after opening arguments, the attorneys motioned to preclude prosecutors from cross-examining McClam on his prior gun purchases in 2013, 2014 and 2016 in the event he takes the stand in his own defense.

In the motion, Tulley and Dillon argue that any firearm McClam purchased or possessed besides the one allegedly used to shoot Brown is not relevant to the case and would be prejudicial.

“Even if Mr. McClam were to testify to the 2019 firearm purchase, this would not ‘open the door’ for the government to cross on prior firearm purchases, due to the risk of undue prejudice,” they state.

DC Superior Court Judge Neal Kravitz has not yet made a decision on that motion.

The prosecution also called an MPD officer who was at the scene of the shooting on the 2700 block of Naylor Road, SE, to the stand.

The defense’s witnesses included a member of the Office of Unified Communications who testified to a 911 call made the day of the homicide and a courtroom clerk who testified to an arrest warrant that was served in January 2020. A Metro Transit Police Department also took the stand.

The defense also called an MPD detective who investigated the fatal shooting of McClam’s brother. She said McClam testified during grand jury proceedings related to the homicide. She said McClam thought a member of his family was involved in his brother’s death.

The detective also said that on the day of the shooting he got a call from McClam’s mother. She said she could hear McClam, and he sounded like he was crying.

The trial isset to resume on Dec. 16.

Document: Maryland Resident Killed in Traffic Accident

Metropolitan Police Department (MPD) detectives are investigating a traffic fatality that happened on Dec. 14.

A preliminary investigation revealed that, at approximately 7:02 p.m., an individual was driving southbound on the 900 block of Southern Avenue, SE, in a Volkswagen Jetta, according to a press release. At the same time, 47-year-old Barry Taylor was crossing the street outside of a marked crosswalk. The Volkswagen’s driver struck the victim, and then immediately stopped and remained on scene.

Taylor was pronounced dead at a local hospital.

Forensic Specialists Testify at Murder Trial

Two Department of Forensic Science (DFS) personnel testified during a trial for the fatal shooting of an 11-year-old boy. The man who tried to help the victim after he was shot also took the stand.

Tony McClam is charged with first-degree murder while armed in the death of Karon Brown on July 18, 2019, on the 2700 block of Naylor Road, SE.

One of DFS personnel was an evidence processing specialist responsible for analyzing the alleged murder weapon, a pistol, and the magazines related to it. During the Dec. 14 proceedings, he testified that no blood or significant DNA was found on the weapon.

The third witness took Brown to a firehouse after he was shot. Defense attorney Jason Tulley asked him why he didn’t take Brown to a hospital instead.

“I knew a lot of the firehouses because I used to train there when I was trying to get certified,” he responded. “I felt they were closer than any hospital.”

Tulley then asked if the witness did anything to help the boy while he was in the car. “I didn’t think there was anything I could do as I was driving,” he said. “My girlfriend was in the car with me but she was calling 911.”

The witness’ 911 call was admitted as evidence. Tulley asked the witness why the phone was hung up during the 911 call. “I only hung up because we had reached the firehouse,” he said. “They knew where I was taking him and I needed to talk to the emergency services that were already there.”

The defense also admitted video footage of the witness making a U-turn while driving with Brown in his back seat. Tulley asked the witness why he turned the car around. “The boy told me where he lived but I heard him wrong,” he said, in tears. “When I re-asked for clarification, I realized I needed to turn around because I was going the wrong way.”

Finally, Tulley asked the witness about the boy’s vitals while in the car.

“After about five minutes he went unconscious,” he said. “All I could hear was his limp body moving around in the back seat and I thought to myself he might already be dead.”

The prosecution plans to have two expert witnesses testify during the next day of the trial.

Document: Suspect Arrested in September Homicide

A suspect has been arrested in a homicide that happened on Sept. 3.

At approximately 10:49 p.m. that day, officers responded to the 900 block of Division Avenue, NE, for the report of a shooting. There, they were informed that two men arrived at a local hospital suffering from gunshot wounds. One of them, 28-year-old Kalin Louis Middleton, died of their injuries.

On Dec. 14, 28-year-old Lavelle Watts was arrested for first-degree murder while armed.

Document: Fatal Shooting in Northeast, DC

Metropolitan Police Department detectives are investigating a homicide that took place on the morning of Dec. 14.

At approximately 6:50 am, officers responded to the Unit block of 61^st Street, NE, for the report of a shooting, according to a press release. There, they found 44-year-old Jacques Rus unconscious and unresponsive, suffering from a gunshot wound. He was pronounced dead on scene.

Man Pleads Guilty to Metro Station Sexual Assaults

A defendant entered guilty pleas in a series of sexual assaults at the Chinatown-Gallery Place metro station.

Morgan Olah pleaded guilty to second-degree child sex abuse, two counts of misdemeanor sex abuse and one count of misdemeanor sex abuse of a child or minor during the Dec. 14 hearing.

In July 2020, the 25-year-old made explicit comments towards three girls ages 13, 14 and 16. In response, the girls told him they were 12-years-old and 13-years-old. Olah then groped all of the victims. He went on to sexually assault a fourth adult victim, according to the proffer of facts.

Before taking the plea deal, Olah was charged with three counts of second-degree child sex abuse. He will have to register as a sex offender for the remainder of his life as a result of his conviction.

Judge Juliet McKenna scheduled Olah to be sentenced on Feb. 23.

Judge Denies Request to Detain Sex Abuse Defendant

A DC Superior Court judge denied a request to detain a defendant accused of sexually abusing a patient.

The 36-year-old defendant is charged with first-degree sex abuse of a patient for allegedly sexually assaulting someone while giving them a massage in 2019. The defendant is a licensed massage therapist at a local massage spa. He was arrested in May 2021 in relation to this incident.

He is currently on pretrial release in this case but the prosecutor said during the Dec. 14 hearing that he has failed to report to the Pretrial Services Agency (PSA) for approximately 69 to 71 percent of the time since his initial charge. A representative from the PSA appeared in the hearing and noted that he was also unable to confirm his address.

“The record is clear, he’s been noncompliant,” Judge Marisa Demeo said.

The prosecutor asked Judge Demeo to hold the defendant at DC Jail. However, defense attorney Howard McEachern said he was able to contact the defendant and requested he remains released on the condition that he begins keeping up with the PSA weekly.

Judge Demeo decided not to hold the defendant because she said he has not attempted to contact the victim and McEachern was able to provide additional phone numbers.

The defendant is scheduled to return to court on Jan. 18 for a preliminary hearing to determine if his case has enough evidence to go to trial.

Document: Arrest Made in Double Homicide

A suspect has been arrested in connection with a double homicide that occurred on July 25.

At around 3:58 p.m. that day, Metropolitan Police Department (MPD) officers responded to the 100 Block of Q Street, NW, for the report of a shooting, according to a press release. There, they found 22-year-old Jovan Hill Jr. and 19-year-old Tariq Riley suffering from gunshot wounds. They were pronounced dead at a local hospital.

A third victim was found at a local hospital being treated for non-life-threatening gunshot wounds.

On Dec. 13, 20-year-old Jalen Browne was arrested for two counts of first-degree murder while armed.

Mass Shooting Defendants Likely to Reject Wired Plea Offer

The lawyer for one of two men charged in connection with a mass shooting said her client is likely to reject a wired plea offer that requires both defendants’ acceptance to go into effect.

Aaron Adgerson, 17, and Terrance Oxner, 21, are both charged with first-degree murder while armed in the shooting of 22-year-old Edward Wade on Jan. 25. Four other adult males, including Oxner, sustained non-life-threatening injuries during the drive-by shooting. Neither defendant has been indicted in this case.

Adgerson’s defense attorney, Michael Madden, said during a Dec. 13 hearing that a wired plea offer was on the table but no official decision had been made by his client, who he last talked to a week ago. The plea deal would require both defendants to plead guilty to lesser-indicted charges of second-degree murder while armed and conspiracy to murder.

If one refuses, neither can take the plea.

Oxner’s defense attorney, Madalyn Harvey, said her client would likely be rejecting the plea offer and requested a schedule for setting an indictment and trial date.

Harvey expressed frustrations with the prosecution about evidence disclosure.

“[Oxner] has been incarcerated without an indictment for six months. Six months, discovery was to be provided,” she said. “I requested at every hearing to be provided with full discovery. I think there’s discovery outstanding, I think I have less discovery than others. I’m glad to set a status date and come back but I don’t want another 30 days out and doing nothing over again.”

The prosecutor said there were outstanding pieces of evidence that are expected to be uploaded later today.

“I’m requesting the discovery that would normally be provided at the time of indictment, which may not include grand jury and witness statements,” Harvey responded.

DC Superior Court Judge Marisa Demeo encouraged parties to resolve evidentiary issues informally but told Harvey if the government failed to share evidence she should file a motion to compel the prosecution’s cooperation, and a court intervention would be in order.

The next hearing is set for Jan. 27.

Adgerson is also charged with escape for allegedly attempting to leave the Psychiatric Institute of Washington in Northwest DC, following his arrest.

Editors Note: D.C. Witness defines a mass shooting as four or more victims shot.

Judge Sets Preliminary Hearing for Sexual Assault Case

A DC Superior Court judge scheduled a preliminary hearing to determine if a sex abuse case has enough evidence to go to trial.

The 53-year-old defendant is charged with assault with intent to commit third-degree sex abuse for allegedly sexually assaulting a woman in June on the 3700 block of First Street, SE.

The victim told police she approached the defendant to see if he was okay because he looked like he needed help. The defendant allegedly groped her before grabbing her arm as if he were trying to pull her down. The victim kicked him and ran away before asking a woman nearby to borrow her phone so she could call the police, according to court documents.

The defendant is currently released into the High Intensity Supervision Program. During the Dec. 13 hearing, Judge Juliet McKenna scheduled the preliminary hearing for Jan. 14.

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