Document: November 23 Homicide

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Nov. 23.

At approximately 10:17 p.m. officers responded to the 4700 Block of South Capitol Street, SE, due to a report of a shooting. upon arrival, officers located 30-year-old Dawann Saunders in a parking lot with gunshot wounds. He was pronounced dead on the scene, according to the press release.

A second victim was also found nearby and treated for non-life-threatening injuries., according to the press release.

Plans Change for Murder Trial After New Lawyer Joins Case

A DC Superior Court judge rescheduled a murder trial to begin approximately one month later to accommodate a second defense lawyer who was recently appointed.

James Mayfield and Robert Moses, both 22, are charged with first-degree murder while armed in the death of 17-year-old Jamahri Sydnor. Sydnor was reportedly shot while driving on the 1400 block of Saratoga Avenue, NE, on Aug. 12, 2017.

Mayfield is also charged with first-degree murder while armed in the deaths of 38-year-old Jermaine Bowens and 21-year-old Elijah Henry. On Dec. 26, 2017, Bowens was found on the 2200 block of Douglas Street, NE, suffering from multiple gunshot wounds. The next day, Henry was found unconscious in a residence on the 1800 block of Bryant Street, NE, also suffering from shooting injuries.

Kevin McCants, Moses’ lawyer, previously asked DC Superior Court Judge Neal Kravitz to appoint an additional attorney. During a hearing on Nov. 16, McCants said he motioned for additional counsel at the request of his client, who would like a “second opinion” on his case, though McCants said he was more than able to handle the case himself.

When parties reconvened on Nov. 23, Judge Kravitz said he reached out to ten lawyers who handle cases of this nature, but their schedules often precluded them from being able to take on the case. However, one lawyer, Steven Kiersch, said he’s worked well with McCants in the past and expressed interest in representing Moses, but said he can only do so if the trial is rescheduled since he has another murder trial around that time.

The trial was previously set to begin on Feb. 23. Parties agreed to push the start date to March 21. Kiersch, who attended the Nov. 23 proceedings via telephone from a train station, will serve as lead counsel for Moses.

Judge Releases Sex Abuse Defendant Into Home Detention, Continues Evidentiary Proceedings

A DC Superior Court judge released a sex abuse defendant into the High Intensity Supervision Program on Nov. 23.

The defendant is charged with assault with intent to commit third-degree sex abuse and one count of kidnapping for allegedly attacking a stranger on the evening of May 22 on the 2900 block of Adams Mill Road, NW. According to court documents, the defendant allegedly held the victim to the ground, groped her and attempted to rape her before her screams caused him to flee.

On Nov. 5, defense attorney Rachel Cicurel submitted an emergency motion for immediate release due to unsanitary, unsafe, and unconstitutional conditions of confinement. Judge Danya Dayson took the motion under advisement during a Nov. 22 hearing.

On Nov. 23, the defense said they had spoken to representatives from the Pretrial Services Agency (PSA) the previous night and that the defendant was found to be eligible for HISP. The prosecution maintained that the defendant was dangerous because the offense he is charged with was allegedly committed in broad daylight, there were people in the vicinity and the victim screamed so loud a woman in a nearby apartment building heard.

The prosecutor also noted that because the victim, who did nothing to provoke the defendant, was a stranger to the defendant, a stay away order would not be applicable to protect the community and that essentially any woman in DC who is walking by herself would be at risk.

In response to the prosecution’s argument, the defense reminded the court that pretrial confinement should not be penal in nature and the seriousness of the offense does not warrant a release status that does not reflect existing legal precedent.

Judge Dayson agreed, reiterating her point from a day prior that a substantial probability finding during a preliminary hearing “does not operate to trigger any legal presumptions regarding dangerousness”—a point the prosecutor already conceded on Nov. 22.

“I have a defendant who is 33-years-old and has no criminal record and has community ties as well,” Judge Dayson said. “There is nothing else in the bail sheet that would raise additional issues with regard to dangerousness.”

Judge Dayson released the defendant into home confinement with GPS monitoring, as well as a drug screening to be conducted by the PSA on a weekly basis. He will be staying with his family, who were present in the courtroom during the proceedings.

Dayson paid particular attention to the points raised by the prosecutor surrounding the seriousness of the crime and requested the clerk that she be personally notified in the event the defendant were to violate a court order. “Make sure you have your stand-ins,” she told both parties in light of the holiday schedule in late December.

During the hearing Judge Dayson also denied a defense motion arguing that the Innocence Protection Act (IPA) precludes the prosecution from consuming an entire DNA sample. Dayson said the IPA, by its own terms, actually regards consumption as possible by accommodating certain testing methods in the statute language. She stated the prosecution would only be overstepping the existing legal precedent if they were to consume the DNA sample in bad faith or recklessly—through a process that was designed to violate or recklessly ignore the dangerousness of violating the defendant’s right to independently test DNA evidence. “I’m not persuaded there is authority for me to dictate or exercise any authority to dictate how the government carries out its testing,” Dayson said.

The prosecution also noted during the hearing that a pre-indictment plea offer had been drafted in September. The defendant will be able to reject or accept the offer on the record during his next scheduled court hearing on Dec. 17.

Judge Hears Motions Ahead of Murder Trial Involving Alleged Police Leak

A DC Superior Court judge heard multiple motions ahead of a murder trial expected to include at least 90 government witnesses.

Ronnika Jennings, a former civilian member of the Metropolitan Police Department (MPD), and Derek Turner are charged with first-degree murder while armed in the death of 28-year-old Andrew McPhatter on March 1, 2017, on the 3500 block of Wheeler Road, SE. The co-defendants are linked through Jennings’ alleged participation in disseminating classified MPD information to Turner, D.C. Witness previously reported.

Turner, 30, is also charged with first-degree murder while armed in the shooting of 24-year-old Devin Hall on Jan. 7, 2017, on the 3500 block of 6th Street, SE. The prosecution alleges that Turner was a member of the Wahler Place group, which, according to them, had become involved in a dispute with individuals in the Trenton Park neighborhood of DC.

In March 2019, prosecutors obtained an indictment that tied seven cases and four co-defendants together. They are all set to go to trial in October. The prosecution has previously anticipated that they will call 90 to 95 witnesses.

Turner also faces multiple assault and firearms charges in his two murder cases, as does 43-year-old Jennings in her one murder case. She is also charged with conspiracy and accessory after the fact in that case. Turner also faces a conspiracy charge in one of his murder cases. Both defendants are also charged with one count of conspiracy and multiple counts of obstruction of justice in separate cases along with two other defendants: Marshay Hazlewood and Duan Hill.

According to court documents, while the first alleged conspiracy Jennings is charged in stems from alleged contact between her and Turner, the second alleged conspiracy includes all four defendants. Jennings, Turner, Hazlewood and Hill are accused of conspiring to obstruct justice after Turner was arrested for unlawful possession of a firearm. Jennings’ attorney, Dorsey Jones, motioned to sever these alleged conspiracies and have them tried separately, but Judge Juliet McKenna denied the request during the Nov. 22 hearing.

In another motion filed back in March, Jones also requested that the case move immediately to trial or the indictment be dismissed.

Jennings has been detained since April 2018, when she was indicted on 14 counts; one count of conspiracy and 13 counts of obstruction of justice. In September, she was charged with murder. According to court documents, a judge decided she would also be held without bond in the murder case and nullified the 100-day deadline for jury trials in the earlier case. Her indictment in the murder case came in February 2019.

“Counsel notes the government could have chosen to seek an indictment for first-degree murder while armed against Ms. Jennings in April 2018 and instead chose to seek an indictment for conspiracy and obstruction of justice,” Dorsey states in his motion. “While the government may have learned of additional information between April 2018 and September 27, 2018 this new information was inconsequential and not substantial enough to justify the change in charges that occurred.”

During the Nov. 22 hearing, Judge McKenna said she cannot attribute any significant delays in the case to the prosecution’s intentions. She also said that, while she acknowledges the stress caused by Jennings’ lengthy pretrial detention, it has not stopped her from being able to defend herself.

She denied Dorsey’s motion.

Turner’s attorney, Michael Madden, also previously motioned for permission to cross-examine one of the prosecution’s witnesses, an MPD detective, with the adverse credibility finding a judge made against him in a misdemeanor case from 2008. Judge McKenna also denied this motion.

More motions are set to be heard on Feb. 16 and July 8.

Judge Acknowledges Domestic Violence Defendant’s History During Sentencing

A domestic violence defendant was sentenced to three years for a drug charge and an assault charge involving his former girlfriend. During the sentencing, DC Superior Court Judge Michael O’Keefe acknowledged what in the defendant’s life lead up to his actions.

Brian Littles was originally charged with assault with a dangerous weapon for pointing a gun at his former girlfriend while she was driving. In September, he pleaded guilty to simple assault and possession with intent to distribute a controlled substance.

During the Nov. 23 hearing, Judge O’Keefe sentenced Littles to 180 days for the assault charge and 30 months for the drug charge.

“An important part of your youth will be spent behind bars,” Judge O’Keefe told him.

After the assault, Littles’ girlfriend was able to alert police and Littles told them he did not have a gun. After searching the vehicle, Metropolitan Police Department officers found the gun and Littles fled. Littles later went to his girlfriend’s apartment and attempted to gather his items. Officers responded to the apartment and located a Briar’s ice cream tub filled with crack cocaine that Littles was attempting to gather along with his belongings.

Defense attorney Damon Catacalos said Littles is a very intelligent man and was very helpful throughout the case. He noted how Littles’ did well academically in high school and said he will learn his lesson as a result of this sentence.

Judge O’Keefe noted Littles’ previous criminal record and pending charges in other jurisdictions at the time of the offense. He questioned how he was able to commit the offenses with so much at stake due to these other charges, but did not doubt that Littles’ is a smart individual.

Littles’ prison sentence will be followed by five years of supervised release. He will receive credit for time served.

“Good luck, sir, I hope this changes you,” Judge O’Keefe said at the end of the hearing.

Defendant’s Neighbor Testifies During Murder Trial

Editors Note: The defendant in this case has since been acquitted on all counts.

The defendant’s neighbor and two members of the Metropolitan Police Department (MPD) testified during a murder trial.

Dewayne Shorter is charged with first-degree murder while armed for allegedly shooting 38-year-old Daniel Parker on July 26, 2017, on the 2000 block of Fairlawn Avenue, SE. Shorter, 33, is also charged with assault with intent to kill while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm while armed during a crime of violence.

During the Nov. 22 proceedings, one of the first MPD officers to arrive at the scene of the shooting took the witness stand. She testified that she saw multiple shell casings on the ground and an individual who had been shot upon her arrival.

An MPD weapons expert also took the stand to analyze the shell casings. He determined that multiple guns were used, but none of them were automatic weapons. He also said his team is looking into if these casings match with others from different crime scenes.

Images of property damage caused by stray bullets from the shooting were admitted as evidence.

Shorter’s neighbor took the stand because of her relationship with the defendant as well as because she was the first person to hear gunshots. She said she had heard shootings in the area before but nothing like this incident.

“It was just shot after shot and I am still traumatized from it to this day,” she said. “You would’ve thought it was a mass shooting.”

As the prosecution inquired on if she had any role in the alleged crimes, the witness made it clear that she would never jeopardize the safety of her siblings because of someone she liked.

The prosecution approached the bench to ask the judge to allow them to talk about charges that the defendant picked up after the shooting. They said the defendant was charged with unlawful ownership of an automatic weapon and argued that if he could get one easily after the incident he may have had one during the incident, too. Judge Marisa Demeo has not ruled on this motion yet.

Jurors are scheduled to return to court on Nov. 23.

Crime Alerts: November 22-23

The Metropolitan Police Department (MPD) sent out four crime alerts between 9:00 p.m. on Nov. 22 and 9:00 a.m. on Nov. 23.

A crime alert was sent out at 9:12 p.m. due to a robbery investigation in the 1300 block of Columbia Road, NW. The first suspect was identified as a 20-year-old Black male in a Puma black sweatshirt, grey sweatpants, Nike sneakers and a black mask. The second suspect was identified as a Black male in black jeans, a dark grey army fatigue jacket and black sneakers.

A crime alert was sent out at 9:34 p.m. due to a robbery investigation in the 600 block of Farragut Street, NW. Police do not have information on the suspect(s).

A crime alert was sent out at 10:56 p.m. due to a shooting investigation in the 4700 block of South Capitol Street, SE. Police do not have information on the suspect(s).

A crime alert was sent out at 11:14 due to a robbery investigation on the corner of 10th and Rhode Island Avenue, NW. Police identified the suspect as a Black male who was approximately 18-30 years old wearing a dark sweatshirt and ski mask.

Homicide Victim’s Father Asks for Harsher Sentencing Guidelines

A homicide victim’s father asked a DC Superior Court judge for the man now convicted of killing his son to face a harsher sentence than that outlined in his plea deal.

On Oct. 24, 2018, 22-year-old Roger Marmet was found in a vehicle on the 1200 block of 17th Street, NE, suffering from a gunshot wound. He was taken to a nearby hospital where he succumbed to his injuries, according to court documents. Barry Marable was later charged with first-degree murder while armed in connection with the shooting.

The 25-year-old defendant pleaded down to voluntary manslaughter while armed after making an agreement with prosecutors. His plea deal includes an agreement between parties that an appropriate sentence would be five to 30 years of incarceration.

Marmet’s father and a family attorney, William Lawler, attended the Nov. 19 hearing and asked to speak to the court regarding their opinion on the plea agreement and the United States Attorney’s Office (USAO).

“I don’t think they have a right to speak at a guilty plea [or] object to the terms of the plea agreement,” DC Superior Court Judge Neal Kravitz said.

Ultimately, Judge Kravitz allowed Marmet’s father to speak.

“My son deserved the right to live,” he said. “But he was killed at 22-years-old and the US Attorney’s Office does not care. They are worried about expediency. Hold USAO accountable to do their jobs.” Marmet’s father also accused the USAO of having “devalued and disrespected” his son.

“I am here to ask the court to carefully review the facts of the case because USAO is not. [Marable] should be properly held accountable for his deliberate actions,” he said. “I only want USAO to do their jobs… This plea is not reasonably just… The facts of the case do not fit the agreement made.”

The prosecutor responded by saying they do believe it’s appropriate.

Judge Kravitz said, “I have heard the oral argument made today but I don’t see it as a formal request to take action. [Marmet’s father and Lawler] will need to file something to support their position and each party will have an opportunity to file a response.”

The deadline for them to file a motion related to the plea deal is set for Jan. 25.

Marable was also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed, assault with intent to kill, carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition. These charges were dropped as part of the plea agreement.

The plea deal also includes an agreement that the prosecution will waive the opportunity to file sentencing enhancement papers and reserve allocution at sentencing. Marable also must forfeit any firearms confiscated and waive rights to conduct further DNA testing.

Judge Kravitz scheduled Marable to be sentenced on April 1.

Judge Addresses Parties’ Requests for Upcoming Murder Trial

Parties made last-minute evidence arguments ahead of an upcoming murder trial.

Tony McClam, 31, is charged with first-degree murder while armed in the shooting of 11-year-old Karon Brown on July 18, 2019, on the 2700 block of Naylor Road, SE. DC Superior Court Judge Neal Kravitz said during the Nov. 22 hearing that he expects to interview about 80 potential jurors for the trial. Jury selection is expected to begin on Nov. 29. The trial is expected to begin on Dec. 6.

Both parties have filed multiple motions regarding evidence that is set to be presented during the trial. Defense attorney Jason Tulley asked for permission to have a jury selection consultant virtually watch the selection process from an angle that provides a good view of the potential jurors. Although the prosecution objected due to “privacy issues” for the potential jurors, Judge Kravitz will allow the consultant to watch remotely.

The prosecution presented three photos of Brown they are considering showing the jury. Tully objected because “the third picture shows the decedent to be younger than he was at the time of his death.”

Judge Kravitz responded, “I don’t see what is so prejudicial of someone who appears to be approximately [11 years old]. I imagine you would prefer jurors see photos of [Brown] in life as opposed to bloody ones in death.”

Tully countered and said, “the issue is in terms of preferential value—it makes you feel sad and that affects people in a case where there is a dead child and my fear is that the jury is going to make an emotional decision instead of a fact-based one.”

Judge Kravitz asked that if the prosecution uses one of the photos, they crop the photo to above the shoulders and to make sure no one other than Brown is seen in the photo.

Tully also said that although the percentage of Black people in DC is roughly 40%, the percentage of Black people coming in for jury selection is in the low 20s. The Office of the Attorney General will provide the defense with information on juror demographics from the last two months to address Tulley’s claim.

Tulley also said the defense will not introduce any of the results of the independant DNA testing they conducted at trial.

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.

Crime Alerts: November 21-22

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m.on Nov. 21 and 9:00 a.m. on Nov. 22.

A crime alert was sent out at 11:27 p.m. due to a robbery in the 700 block of 7th Street, NW. Police identified the first suspect as a Hispanic male wearing a white shirt. The second was a Hispanic male wearing a green shirt and the third was a Hispanic male wearing a red shirt in a grey Chevrolet sedan.

Document: Police Arrest Suspect in Homicide of Missing Teen

On Nov. 21, deceives from the Metropolitan Police Department arrested Brandon Nguyen, 24, for second-degree murder while armed.

Nguyen allegedly shot 17-year-old Brian Ward on the 300 block of Allison Street, NW. His skeletal remains were found in Laurel, Md. on Dec. 2, 2021. Ward was reported missing by family members on Sept. 29, 2020.

Defense Needs More Time to Discuss Plea Offer with Murder Defendant

A defense attorney needs more time to discuss a plea offer with his client.

Javon Gunter, 20, is charged with first-degree murder while armed for allegedly shooting 15-year-old Thomas Johnson on Oct. 9, 2019, on the 1300 block of Half Street, SW.

Defense attorney Ronald Resetarits said he has not been able to discuss the plea offer with his client yet during the Nov. 19 hearing. The prosecution said that they want to indict the case before the end of the year if an offer is not taken.

Resetarits said he would speak with his client at DC Jail within the next few days.

DC Superior Court Judge Danya Dayson set a hearing for Nov. 19 to check in on the plea negotiations.

Murder Defendant Seeks to Withdraw Guilty Plea

A defendant who pleaded guilty to second-degree murder is seeking to withdraw his guilty plea.

In February 2020, 21-year-old Elijah Jarmon pleaded guilty to second-degree murder while armed in relation to the shooting of 18-year-old Taquan Pinkney. Pinkney was shot on the 2000 block of Stanton Road, SE on Sept. 9, 2018.

According to court documents, the plea deal involved an agreed upon sentence of 12 years in prison.

“Mr. Jarmon is not asking to walk out of the courtroom, just to have his day in court,” defense attorney Kevann Gardner said.

During the Nov. 19 hearing, Gardner argued that the evidence against Jarmon is weak. He said that, while there is a video of his client at the scene of the shooting, there is no video of him firing a weapon. He also alleged that Jarmon was pressured by his family and former attorney to take the plea agreement, adding that his client’s young age at the time made him especially susceptible to this pressure.

Gardner has spoken with Jarmon’s former attorney, who he said had said that Jarmon expressed his desire to withdraw his plea the day after it was made.

The prosecution was given the opportunity to respond. They argued that they are no longer litigating the facts in this case, because they were decided when the defendant signed the proffer. They also called Gardner’s assertions “unsupported” since no testimony or evidence was presented to back up the claims, but rather just mentioned.

Judge Milton Lee set a hearing for Dec. 22 to rule on the motion.

Judge Sentences Sex Abuse Defendant to Serve 2.5 Years

A DC Superior Court judge accepted a plea deal and sentenced a sex abuse defendant to serve two-and-a-half years in prison.

Joseph Howard pleaded guilty to third-degree sex abuse for an assault that happened on July 11, 2020, on the 2700 block of Martin Luther King Jr. Avenue, SE.

In accordance with the plea deal parties made, Judge Neal Kravitz sentenced Howard to four years, one-and-a-half of which were suspended, followed by five years of supervised probation.

The conviction will require the 30-year-old defendant to register as a sex offender for 10 years. He must also stay away from the victim and the area of the offense.

The prosecutor said the victim was unable to attend the Nov. 19 sentencing but would have attended if she could.

The prosecutor showed the court a still image from surveillance footage of the victim before she was assaulted. They said the victim was “cooperative, brave and inspiring” throughout the process. They said the attack has hindered her personal life because she has constant flashbacks. The prosecution continued, calling Howard a “sexual predator” and relaying the details of how the assault occurred.

According to the prosecution, Howard exposed himself to the victim, who told him to leave her alone. He responded by pushing her to the ground and telling her “you’re gonna suck this d***”. Howard then attempted to pull off the victim’s shorts and underwear. He then stopped assaulting her when a bystander heard her screams.

Judge Kravitz asked the prosecution why the sentence in the plea is light, considering the severity of the case. The prosecutor said the reasoning was the victim wanted closure. Defense attorney Prescott Loveland said he “respectfully disagrees” that the sentence is light because the victim wants closure. Rather, he said the sentence is appropriate for the circumstances.

Loveland showed Judge Kravitz family pictures of Howard, provided by his mother. He said Howard has had a hard life which has included family issues and major mental health issues.

Howard also has a substance abuse problem with PCP, the prosecution said.

Loveland also said Howard was not in his right mind at the time of the assault because he was homeless at the time and none of Howard’s prior assaults were sexual in nature.

He also said his client was put in harsh conditions at DC Jail and experienced “draconian english punishment.”

Howard made a statement to the courtroom, apologizing to Judge Kravitz for his actions. He said he was going through a tough time at the time of the assault. He then apologized for to the victim and asked for her forgiveness. Howard said he plans to change his life once he gets out of prison, and wants to start a business. Howard said he has a lot going for himself and plans to surround himself with family.

As part of his probation, Howard must participate in a drug treatment program, a mental health evaluation, sex offender counseling and housing assistance.

The prosecution agreed to dismiss two misdemeanor cases Howard picked up in 2020 as part of the plea deal.

Plea Negotiations Underway for Defendant Accused of Setting a Man on Fire

Parties in a murder case said they are negotiating a plea deal and are likely to reach an agreement in the near future.

D’Aundrey Scott is charged with first-degree murder for allegedly starting a fire that killed 62-year-old Darryl Finney.

According to court documents, Metropolitan Police Department (MPD) officers responded to the 900 block of H Street, NE, during the early hours of May 13, 2020, due to the report of a person on fire. Finney was taken to a local hospital with severe burns and died three days later. Detectives later learned he told emergency medical personnel that someone threw a firebomb on him. Detectives had tried to talk to Finney, but he was unable to speak.

During the Nov. 19 hearing, the prosecution told DC Superior Court Judge Milton Lee they have yet to indict Scott, 27, but have been in plea negotiations with the defense. Defense attorney Roderick Thompson said they are likely to reach a plea agreement.

Judge Lee set another hearing for Jan. 12.

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