Judge Sentences Defendant in Homicide Case

DC Superior Court Judge Neal Kravitz sentenced a defendant in connection to a 2020 homicide

James Flemings is charged with second degree murder while armed in connection with the fatal shooting of 30-year-old Michael Bright on the 1100 block of 45th Street, NE on Oct. 6, 2020. Bright was found unconscious suffering from apparent gunshot wounds. The murder took place during an attempted robbery. Flemings, 25, pleaded guilty to the charge of second-degree murder on Wednesday as well.

“I am still hurting myself.” the mother of Bright said during a victim impact statement during the hearing on July 27.

The prosecution noted that the defendant had admitted his guilt early in the process while making their recommendations to Judge Kravitz. Ultimately, the prosecution recommended 6 years to 8 years in prison.

Defense attorney Billy Ponds recommended 6 years in prison.

Judge Kravitz recognized the circumstances of the case that led the parties to recommend lower than normal sentences given the crimes committed.

He sentenced the defendant to 8 years in prison, which will be followed by 5 years of supervised release. Flemings must also register as a gun offender after he is released from prison.

Case Dismissed: Judge Changes Murder Defendant’s Release Conditions

Editor’s note: The case against Kenneil Cole was dismissed on Feb. 1, 2023.

DC Superior Court Judge Maribeth Raffinan granted a homicide defendant’s motion to modify release conditions from weekly to monthly reporting.

Kenneil Cole is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting his roommate, 24-year-old Keon Wallace, on the 2400 block of Skyland Place, SE on June 25, 2018.

Cole was initially released from detention on Feb. 20, 2020, under the high-intensity supervision program before being moved to a lower level of supervision on Sept. 14, 2021.

The defendant’s release conditions included checking in with the Pretrial Services Agency (PSA) once a week with no GPS monitoring and no curfew.

During a hearing on July 27, defense attorney Mani Golzari asked Judge Raffinan to modify Cole’s weekly reporting to monthly, citing “the trend by Mr. Cole abiding by the court’s conditions.”

“I have no doubt Mr. Cole will comply,” Golzari said.

A Pretrial Services Agency representative confirmed Cole’s full compliance with his release conditions.

“In light of his full compliance, I will accept the defense’s motion to modify Mr. Cole’s release conditions,” said Judge Raffinan.

Judge Raffinan also asked Golzari whether Cole intended to conduct any independent DNA testing on the biological materials collected by the prosecutor.

Golzari informed Judge Raffinan the defendant had already invoked his right to independent testing under DC Superior Court Judge Neal Kravits, who heard the case when it was originally scheduled to go to trial in 2020 before COVID-19 delays.

Cole’s next court appearance is scheduled for Nov. 4.

Judge Finds Probable Cause in Child Sex Abuse Case

DC Superior Court Judge Rainey Brandt found probable cause July 26 in a child sex abuse case.

A 30-year-old defendant is charged with two counts of first-degree child sex abuse for incidents that occurred in 2014 and 2015. The defendant was 22 years old at the time and the victim was 8 years old.

The events were reported to the Metropolitan Police Department’s (MPD) Youth and Family Services Division in October 2020. The defendant was arrested on June 17 and immediately released with 24-hour GPS monitoring.

“You have probable cause, but barely,” Judge Brandt said to the prosecution.

The investigation lasted two years and the incidents happened seven years before the arrest, according to court documents.

Judge Brandt modified the release conditions, removing the GPS monitor requirement.

A status hearing was scheduled for Dec. 9, so parties could determine how to proceed.

Defense Counsel Requests New Trial Date in 2014 Homicide Case

In light of their defendants being scheduled for trial in 2021, defense attorneys requested that a judge give their clients an earlier trial date.

Kevin Sewell, 31, has been charged with first-degree murder while armed and possession of a firearm during a crime of violence for his alleged role in the death of 43-year-old Kevin Robinson. His co-defendant Charles Jeter, 36, has also been charged with first-degree murder while armed for his role in the victim’s death.

During the hearing on July 27, defense attorneys Carrie Weletz and Rachel McCoy requested an earlier trial date from DC Superior Court Judge Milton Lee. Sewell and Jeter’s current trial is scheduled for Feb. 12, 2024.

Judge Lee clarified that, if a trial date were to open up sooner, it would go to the defendants held for the longest period of time.

“Everyone should expect the trial date as it is,” Judge Lee said. “Just because a date opens up doesn’t necessarily mean you are the first in line, it is the person who has been held the longest who is first.”

The prosecution said a plea offer was recently extended to the defendants.

Judge Lee also inquired into the status of any potential DNA testing, but the prosecutor said testing hasn’t been conducted.

The defense also raised questions about cellphone data the prosecution collected, however the prosecutor could not answer the attorneys’ questions. The prosecutor said answers will be provided at the next hearing.

Judge Lee said he will give the defense time to consider the plea deal as well as try to resolve any concerns about evidence with the prosecution.

Sewell’s appearance was waived for the hearing due to being quarantined for COVID. Jeter was present in the courtroom.

According to court documents, on Nov. 30, 2014, Metropolitan Police Department officers responded to reports of a shooting on the 600 block of Edgewood Street, NE. Upon their arrival, Robinson, who is Sewell’s father, was found with a lethal bullet wound in his head. He was pronounced dead at the scene.

Judge Lee scheduled the parties to return on Sept. 15.

Homicide Case Continues as Prosecution Extends Plea Offer

DC Superior Court Judge Milton Lee continued a case to give the defense more time to discuss the prosecution’s plea offer.

Jonathan Young, 37, is charged with first-degree murder while armed for allegedly shooting 22-year-old Dewayne Shorter III on Jan. 26, 2021. Shorter was found unconscious in the back seat of a car located on the 1200 block of Saratoga Avenue, NE, according to court documents. The police determined that Shorter was shot on the 1300 block of Brentwood Road, NE before a witness carried him to a car to be transported to a hospital. He suffered from six gunshot wounds.

In a July 27 hearing, the parties asked for more time for the defense to consider a plea agreement and for counsel to discuss potential forensic and ballistics evidence in the case.

Young’s next court appearance is scheduled for Sept. 16.

Document: 7-Year-Old Child Struck by a Vehicle

Metropolitan Police Department detectives are investigating a traffic crash that occurred on July 25, on the 1800 block of Mississippi Avenue, SE.

At approximately 6:50 p.m., an 11-year-old male was driving a 2020 Kia Optima around a parking lot when he lost control of the vehicle and struck a 7-year-old child. The victim was transported to a hospital for serious, but non-life threatening injuries.

Document: Police Arrest Suspect in Domestic Homicide on Webster Street, NE

The Metropolitan Police Department arrested a suspect July 26 in connection with a domestic-related homicide that occurred earlier that day on the 600 block of Webster Street, NE.

According to a press release, officers found 69-year-old Marilyn Payne suffering from a gunshot wound. She died on the scene.

Officers arrested 30-year-old Anna Payne and charged her with second-degree murder while armed.

Homicide Defendant Demands New Attorneys

In a July 26 hearing, a homicide defendant demanded new attorneys.

Daryl Thompson, 33, also known as Darryl Tompkims, is indicted on 14 charges, including two counts of first-degree murder while armed, assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside of a home or business, obstructing justice and threat to kidnap or injure a person for his alleged roles in the deaths of Edward Roberts Jr. and Tyler McEachern. Roberts, 29, was fatally shot on the 3500 block of 14th Street, NW, on July 30, 2016. McEachern, 23, was fatally shot on the 3100 block of Buena Vista Terrace, SE, on Aug. 29, 2016.

Thompson expressed his desire to fire his defense attorneys Dana Page and Pierce Suen upon entering the courtroom.

Thompson told DC Superior Court Judge Maribeth Raffinan that his attorneys, despite his objections, proceeded to challenge a Nov. 10, 2021, report filed by the DC Department of Behavioral Health (DBH) that found him competent to stand trial.

“My attorneys are making me incompetent,” Thompson said. “I’m competent.”

DC Superior Court Judge Craig Iscoe initially found Thompson incompetent to stand trial on Aug. 28, 2018, ordering the defendant to receive treatment at St. Elizabeths Hospital, DC’s psychiatric institution. DC Superior Court Judge Neal Kravitz denied the prosecution’s request for forced medication to restore competence on Sept. 8, 2021.

Judge Raffinan ruled that the burden of proof for the hearing will be on the prosecution to prove the defendant’s restoration to competency by a preponderance of the evidence.

Judge Raffinan also ruled Thompson’s competency needs to be determined before the court can address his request for new attorneys.

“I don’t want these attorneys to represent me,” Thompson said.

Thompson filed around 60 pages of documents on his own behalf before leaving the courtroom.

Judge Raffinan ruled that the papers would be copied and distributed, despite the defense attorneys’ wishes that the papers would be held until after the competency ruling.

Judge Raffinan scheduled the next hearing for Jan 12.

Judge Denies Motion for Continuance in Murder Case

DC Superior Court Judge Milton Lee denied the prosecution’s motion for continuance during a July 26 hearing.

Co-defendants Alonzo Brown and Naquel Henderson are both charged in connection with the fatal shooting of 22-year-old Michael Taylor on the 1700 block of Benning Road, NE on Jan. 12, 2019.

Brown is currently in quarantine for COVID-19 at the DC Jail and was not present at the hearing.

He is represented by defense attorney Steven Kiersh.

Henderson is represented by defense attorneys Julie Swaney and Lisbeth Sapirstien.

The prosecution had filed a motion for continuance due to the availability of a new prosecutor assigned to the case.

The defense argued that this motion did not provide “good cause” to delay the trial and the defendant’s speedy trial rights should not be interrupted due to the availability of a newly added prosecutor.

The defense attorneys argued that if the defendants were released to home confinement, then the defense may be more agreeable to a later date.

The defense also noted that the trial is currently set for Oct. 5 and this later date would likely push the trial to 2024 due to the court’s busy schedule.

The prosecution responded stating that they are not agreeable to releasing the defendants.

Judge Lee agreed with the defense and denied the motion for continuance following the prosecution’s response.

The parties are set to return for another status hearing on Sept. 2.

Murder Defendant Requests Independent DNA and Ballistics Testing

DC Superior Court Judge Milton Lee presided over a status hearing where the defense requested independent DNA and ballistics testing.

Keith Hudson, 26, is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, possession of a large capacity feeding device while armed, and carrying a concealed weapon outside the home or business for allegedly shooting 25-year-old Isaiah Glover on the 4100 block of Minnesota Avenue, NE on Feb. 9, 2021.

During the July 26 status hearing, the prosecution said DNA testing showed “strong support” for the inclusion of the defendant’s DNA on the magazine part of the handgun.

The prosecutor said he believes that this is the same handgun that was used in the shooting.

Defense attorney Michael Madden said he will seek DNA and ballistics testing through independent labs.

Judge Lee set the next status hearing for Sept. 30, so the parties can check on the progress of the defense’s testing.

Judge Finds Probable Cause for 2021 Homicide Case

After three days of preliminary hearings, DC Superior Court Judge Robert Okun found probable cause in a 2021 homicide case.

Amard Jefferson, 23, is charged with second-degree murder while armed for allegedly shooting his girlfriend’s friend, 20-year-old Kendall Brown, on Aug. 7, 2021, on the 3000 block of Nelson Place, SE, where Jefferson resided with his girlfriend. According to court documents, the shooting occurred after a verbal altercation between Brown and Jefferson concerning some missing items.

During her redirect of the lead detective on July 26, the prosecutor played portions of the detective’s interviews with two witnesses to clarify the detective’s testimony about his investigation and the events of the shooting.

According to the first witness’s interview, Jefferson said he would “call [his] mans,” to which Brown responded, “we’re just females, we’re not here to fight.”

The second witness confirmed this statement in her interview with the detective and said she told the defendant’s girlfriend to calm Jefferson down.

Jefferson’s defense attorney, Jason Clark, reiterated, during his re-cross, the first witness’s memory blackouts and her statement to the detective that there were “blanks” in her memory of the shooting. He also said Brown did not have her hands raised before getting shot.

During her closing argument, the prosecutor emphasized the escalation of violence caused by the defendant.

“One thing all parties can agree on, in this case, is that this was a shooting that never should have happened,” the prosecutor said. “It was the defendant’s gun that turned a girl’s tiff into a deadly shooting.”

The prosecutor also refuted the defense’s argument of self-defense and mitigating factors by replaying the video of Brown and two witnesses entering the apartment and asking Judge Okun to focus on the girls repeatedly telling the defendant’s girlfriend, “we’re not here to fight, no one’s going to do anything to you.”

“Mere words, no matter how offensive, are never adequate provocation. Use of a firearm here was entirely out of proportion,” the prosecutor argued.

In addition, the prosecutor argued the defendant’s actions after the shooting showed his consciousness of guilt.

According to the prosecutor, after shooting Brown, Jefferson and his girlfriend locked her in their apartment and escaped through the back door before Jefferson discarded his firearm in a drainage hole one block away. They then fled the District of Columbia to Maryland, at which point Jefferson texted his girlfriend telling her to tell the police she pulled the trigger out of self-defense.

The prosecutor then addressed the witness biases Clark had elicited during his cross-examination of the detective, including the bias of the first witness who was standing near Brown when she was shot. Although Clark had pointed out the witness had suffered from memory blackouts and hallucinations on the day of the shooting, the prosecutor argued, “that is a young woman suffering from trauma who just saw her close friend get shot.”

“It is important for the court to evaluate the prosecution’s only witness, the detective,” Clark stated at the beginning of his closing argument. “The prosecution’s theory is built on guesswork based on the detective’s overt bias, which he put on display in front of the court.”

Clark continued to point out multiple discrepancies between the detective’s testimony and the recorded clips of witness interviews, including whether Brown had raised her arms above her head before she was shot or while she was shot, which, according to Clark, was “a small but critical detail that the detective deliberately changed to mislead this court.”

“What it all boils down to in this case is that no one saw what happened,” Clark said. “Not one witness can place the gun in Mr. Jefferson’s hands. He did what he thought was necessary to defend his girlfriend, her child, and himself.”

Judge Okun found probable cause after hearing the parties’ arguments.

“I think probable cause is easily met,” Judge Okun said. “There is no doubt in my mind that the defendant was the one who killed Ms. Brown.”

Jefferson will continue to be detained at the DC Jail until his next court appearance scheduled for Oct. 5, by which point the prosecutor expects to have a formal indictment ready.

Murder Case Remains on Course for Trial

After overseeing a July 22 status hearing, DC Superior Court Judge Robert Okun determined that the murder case against a homicide defendant is still on course for trial.

Ernest Cleveland, 28, is charged first-degree murder while armed for allegedly shooting 39-year-old Edward Pearson. The victim was found at his apartment on the 2900 block of Connecticut Avenue, NW on Nov. 26, 2020. The cause of death was determined to be a gunshot wound to the head. Cleveland is also charged with possession of a firearm during a crime of violence, assault with the intent to kill while armed, aggravated assault knowingly while armed, and unlawful possession of a firearm with a prior conviction.

At the status hearing the prosecution discussed the DNA evidence found at the scene of the homicide. The DNA has not yet been tested by the prosecution, but defense attorney Madalyn Harvey has requested to test the evidence.

Cleveland returned to the DC Jail and is scheduled for a hearing on Oct.14.

Defense Questions Detective on Witness Bias in 2021 Homicide Case

On July 25, the preliminary hearing for a homicide defendant continued with defense attorney Jason Clark questioning the lead detective of the investigation on his interviews with each witness and their potential bias.

Amard Jefferson, 23, is charged with second-degree murder while armed in connection to the Aug. 7, 2021 shooting of 20-year-old Kendall Brown on the 3000 block of Nelson Place, SE where Jefferson resided with his then-girlfriend, who was Brown’s friend. According to court documents, the shooting occurred after a verbal altercation between Brown and Jefferson concerning some missing items.

The first witness, according to the detective, used to live with the defendant’s girlfriend before moving out after an argument. The witness told the detective she, Brown, and the second witness were at the girlfriend’s apartment to pick up her clothes and alcohol on the day of the shooting.

The witness also provided a video of her, Brown, and the second witness forcing their way into the defendant’s girlfriend’s apartment. The girlfriend can be heard saying “get out” before the three individuals make their way inside and engage in a verbal altercation with Jefferson and his girlfriend, the detective said.

The witness reported seeing a gun in Jefferson’s front pocket before Brown and the defendant began arguing in another room. The witness told Brown to “calm down” before she heard a gunshot and ran out of the apartment.

Clark asked the detective whether the witness had held any animosity towards the defendant and asked whether the witness and Jefferson’s girlfriend had ever been romantically or sexually involved. The detective said he was unsure.

Clark questioned the detective about a text message from Brown to the defendant’s girlfriend stating, “you want [the witness] to be your gf fake gay ass.” He also pointed out a statement by the second witness, who said she believed the first witness and the defendant’s girlfriend “were going to get together in the future.”

Additionally, the detective said the witness admitted to having a memory disorder that occasionally led to blackouts, including on the day of the shooting.

When Clark asked the detective about the second witness, the detective said the witness admitted she believed there could potentially be violence at the apartment before she went inside. The witness also saw Jefferson’s gun protruding from his pocket and heard the first witness trying to calm Brown down before the gun was fired.

The third witness the detective interviewed, Jefferson’s girlfriend, said she had been getting harassed by the first witness about getting her clothes prior to the shooting.

The detective told Clark the girlfriend believed Brown and the others “were there to fight” and alleged that Brown punched Jefferson first before the two started fighting.

Clark said the girlfriend had given several inconsistent statements to the police, including whether or not she saw Jefferson with a firearm and whether she and the defendant left the building through the front door or the back.

DC Superior Court Judge Robert Okun scheduled the preliminary hearing to continue on July 26 for the prosecutor’s re-questioning of the detective.

Judge Modifies Release Conditions for Homicide Co-Defendants

DC Superior Court Judge Rainey Brandt stepped back the release conditions for two homicide co-defendants during a July 22 hearing.

Daivion Williams, 24, and Dijon Williams, 23, have been charged with felony murder while armed and first-degree murder while armed, respectively. The charges stem from a homicide on July 21, 2020, when Metropolitan Police Department officers responded to reports of a shooting on the 4100 Block of 14th Street, NW. Upon arrival, officers found Nurudeen Thomas suffering from a gunshot wound.

Both brothers, Daivion and Dijon, appeared in court following violations of their release conditions. Judge Bradnt heard arguments from prosecutors and defense regarding their detainment.

A pretrial services report revealed that Daivion was recently arrested for battery, following an incident where he allegedly hit his girlfriend in the chest and took her phone. Defense attorney Kristin McGough said there were other motivations involved, alleging that Daivion’s girlfriend used him to renew her apartment lease but had no intention of living with him.

“I don’t agree that there is aggressive conduct in the scene,” McGough said, referring to the video of the assault. “He was being asked to leave a home he had a right to be in.”

Prosecutors further mentioned that the defendant’s mother was involved in the assault. Defense attorney David Knight, who is representing Dijon, argued that the allegation was an attack on the mother’s character, who was present in court at the time of the hearing.

Since April, Daivion has had 13 curfew violations, ranging from 20 to 30 mins. McGough said the curfew violations resulted from Daivion’s handiwork business. She said traffic, along with the nature of Daivion’s work accounted for the 20-30 minute curfew violation. “I don’t think at this juncture he needs a curfew,” McGough said.

“[Daivion] has been in and out of compliance more times than the court can count,” Judge Brandt said. “The court has adjusted curfews, it’s just not working. The icing on the cake is the rearrest.”

Defense attorney Andrew Ain is set to replace McGough in the case, representing Daivion.

Dijon’s violation of release conditions involved a high-speed chase, in which Dijon reached 93 mph. According to counsel, Dijon was returning from a Disneyworld trip with his family, which was allowed due to modifications of the defendant’s release. He is currently being detained in a Georgia jail until further notice.

Knight and his co-counsel, Suen Pierce brought forth a complaint against Judge Brandt’s bench warrant for Dijon. “There wasn’t a legal basis to issue a detainer at that time,” Knight said. “ We are still asking the court to rescind the detainer that has been lodged.”

Judge Brandt said she is waiting to see how Dijon’s detainment in a Georgia jail unfolds.

Arguing for his release, Knight and Pierce noted that Dijon has never been a loss of contact, always charges his GPS, and is not a flight risk. “He takes this seriously, and if he’s ordered to come up [to D.C], he will,” Knight said.

Judge Brandt granted defense counsel’s request to put Dijon in 24-hour home confinement when released from the Georgia jail.

Daivion and Dijon’s next court date is scheduled for Aug. 18.

Murder Defendant Rejects Plea Offer, Case Remains On Trial Course

During a hearing on July 22, a murder defendant rejected a plea offer in connection to a 2021 shooting.

James Harper, 39, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm in connection to the shooting of 39-year-old Bret Desmarteau on the 100 block of Sheridan Street, NE on May 27, 2021.

According to court documents, Desmarteau was parked behind Harper’s vehicle when the two began yelling at each other. Surveillance video shows Desmarteau approaching the vehicle when four gunshots were fired and he collapsed on the ground.

On March 30, the prosecutor submitted a plea agreement offering to drop the second-degree murder while armed charge if Harper pleaded guilty to voluntary manslaughter while armed.

Harper’s defense attorney, Marnitta King, rejected the plea offer on behalf of her client on Friday.

DC Superior Court Judge Robert Okun scheduled an additional hearing on Sept. 23, when parties will discuss DNA testing.

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