The Metropolitan Police Department has announced the name of a March 10 homicide victim.
At approximately 6:03 p.m. officers responded to the 700 block of 18th Street, NE, due to a report of gunshots. Upon arrival, officers located 30-year-old Deshaun Cupid with gunshot wounds inside a vehicle. They were later pronounced dead at a local hospital, according to the press release.
A defense attorney is seeking a murder defendant’s release from DC Jail, citing the facility’s conditions of confinement and the changing circumstances surrounding the case.
Wesley Scott, 21, is charged with first-degree murder while armed in the fatal shooting of 28-year-old David Young on the 3500 block of 22nd Street, SE, on April 3, 2020. The 21-year-old defendant has been held in custody ever since he was arrested the following August.
During Scott’s most recent hearing on March 9, defense attorney Matthew Davies voiced his request for his client’s release. Davies said the defendant has been involved in violence intervention programs and has no prior convictions. He said nothing in Scott’s background should cause concern for the community’s safety.
In a bond review motion filed last November, Davies pointed out that Michael Benbow, who identified Scott as the driver of the vehicle allegedly used in the deadly shooting, is now deceased. Benbow, 18, was also charged with murder in connection with Young’s death but he was fatally shot on April 21, 2021, while on pretrial release.
“The Court previously found that there was clear and convincing evidence that Mr. Scott is a danger to the community based on evidence that is no longer available to the government,” Davies wrote in the motion.
As well as this, Davies’ motion referred to poor conditions at the DC Jail in light of an unannounced inspection of the facility performed by the U.S. Marshals Service last November.
The prosecution opposed the release request. Judge Maribeth Raffinan said she will address this motion at the next hearing, which is scheduled for April 1.
A DC Superior Court judge reviewed multiple motions in a murder case as parties gear up to go to trial next month.
Tondrick Murphy, 31, is charged with first-degree murder while armed in the shooting of 26-year-old Marquis Jones. During the early hours of Oct. 6, 2018, Jones was found dead on the 2900 block of Martin Luther King Jr. Avenue, SE, after sustaining multiple gunshot wounds.
According to a defense motion, Jones allegedly robbed, pistol-whipped and threatened to kill Murphy in the days leading up to the homicide. The defense alleges that in the moments proceeding the shooting, Jones was threatening to “f*** up” the defendant while appearing to hold a gun. The prosecution alleges that Murphy approached Jones while he was on the phone and fired at him as Jones lifted his empty left hand to his head.
During the most recent hearing for this case on March 8, the defense counsel said they plan to call a behavioral health clinical specialist who has been working closely with Murphy to speak to the Post Traumatic Stress Disorder symptoms the defendant experienced before the shooting.
The prosecution objected to such testimony being included in the trial, wanting it excluded or at least limited. They argued that if the defense features this testimony in the way they currently plan to, they would be making a so-called diminished capacity defense, which has been rejected by the DC Court of Appeals.
Judge Milton Lee was unsure how this expert testimony would show self-defense without confusing the jury, saying it would be hard to explain the idea of objective versus subjective standards of reasonableness. He scheduled parties to continue discussing motions on April 4 and 5.
Jury selection for this case is scheduled to begin on April 11. Murphy has rejected the prosecution’s offer to plead out on a lesser charge of voluntary manslaughter while armed.
The Metropolitan Police Department has arrested a suspect in relation to a March 9 homicide.
At approximately 3:38 a.m. officers responded to the 1100 block of Alabama Avenue, SE, due to a report of an unconscious person. Upon arrival, officers located 65-year-old David Dowdell unresponsive. He was pronounced dead on scene, according to the press release.
That same day, officers arrested 28-year-old Charles Lee and charged him with first-degree murder, according to the press release.
A DC Superior Court judge sentenced a defendant for sexually assaulting three young girls at the Gallery Place-Chinatown metro station.
“Twelve girls in the District have been victimized by [the defendant],” the prosecutor said during the March 9 sentencing.
According to court documents, Olah Morgan approached three girls less than 15-years-old, exposing himself and making obscene comments and gestures. He reportedly made forcible sexual contact with the victims, who were able to escape him by hopping on a train and notifying police at the Pentagon City metro station.
Morgan, now 29, was initially charged with three counts of second-degree child sex abuse. After coming to an agreement with prosecutors, the defendant pleaded out on one count of second-degree child sex abuse, one count of misdemeanor sex abuse of a child or minor and two counts of misdemeanor sex abuse.
DC Superior Court Judge Juliet McKenna imposed a 42-month sentence for the second-degree child sex abuse charge and a 180-day sentence for the other charges. The sentences will run consecutively.
Morgan did not make any statements during the sentencing.
As a result of these convictions, the defendant will be required to register as a sex offender for the remainder of his lifetime. His probation was also revoked in a 2017 case in which he was convicted of simple assault and indecent sexual proposal of a minor.
A suspect was arrested in relation to a March 8 homicide.
At approximately 9:50 p.m. officers responded to the 3400 block of Sherman Avenue, NW, due to a report of a shooting. Upon arrival, officers located 56-year-old James Jackson, Jr. with gunshot wounds. He was pronounced dead on scene, according to the press release.
That same day, officers arrested 28-year-old Dawit Guevara and charged him with second-degree murder while armed, according to the press release.
A DC Superior Court judge rescheduled a sexual assault trial to begin at an earlier date.
The defendant is accused of attacking a woman in the lobby of a Petworth apartment building. A witness alleged he saw the defendant beat the victim and try to force himself on her. He said he called out to the defendant, who got up and then left in a matter of minutes, according to court documents.
The 37-year-old defendant is now indicted on charges of assault with intent to commit first-degree sexual abuse, third-degree sexual abuse, misdemeanor sexual abuse, first-degree burglary, kidnapping and lewd, indecent or obscene acts. The third-degree and misdemeanor sex abuse charges include the aggravating factor of the defendant having previously been found guilty of sex offenses against two or more victims.
During the defendant’s most recent hearing on March 8, parties discussed moving up the trial, for which jury selection had been scheduled to commence at the end of January.
Defense attorney Howard McEachern said he would not be available for trial in August and instead suggested an October date. In the alternative, he suggested the defendant receive a different lawyer who would be available to represent him in an August trial.
Judge Robert Okun said he also wasn’t available in August but could potentially set an earlier trial date under a different judge. At this time, the defendant addressed the court.
“I’m not on y’all’s time. I’ve been locked up for 17 months. I have a right to a speedy trial,” the defendant said. “My trial shouldn’t be prolonged or pushed further because of your calendar.”
Judge Okun explained the issue was availability and that the defendant will get his trial in accordance with his speedy trial rights. According to parties, the court’s scheduling conflicts are the issues, not the prosecutor’s failure to meet a deadline.
Jury selection was pushed up from Jan. 31, 2023, to Oct. 12, with a trial readiness hearing scheduled for Aug. 23 and a motion hearing scheduled for Oct. 11.
The defendant is set to appear in court next on May 20 for an Innocence Protection Act hearing.
Parties in the case of a deadly motor vehicle collision are deadlocked in plea negotiations.
Kyle Wooden is charged with second-degree murder in the deaths of 82-year-old Donald Malloy and 79-year-old Mattie Young on May 31, 2020. According to court documents, Wooden was traveling in a Chevrolet Tahoe that evening while Malloy and Young were in a Nissan Altima. Wooden, 34, allegedly ran a red light on Bryant Street, NW, causing him to hit the victims who were trying to turn northbound onto North Capitol Street, NW. The defendant allegedly fled on foot. He was arrested the following day and charged with second-degree murder.
During a March 8 hearing, defense attorney Jonathan Zucker said his client wants to accept the prosecution’s plea offer given but is disappointed with the charges.
“We would like to take a disposition but we are at an impasse when it comes to charges,” said Zucker. “The government offered two counts of involuntary manslaughter, but we prefer two counts of negligent homicide. It’s a very thin line between the two and disappoints me that we can not come to an agreement.”
The prosecutor had a meeting with her supervisors about the defense’s request but they are staying firm with the plea offer given. If a plea agreement is not met then both parties are ready to go to trial.
Another hearing is scheduled for April 28. In the meantime, Wooden will remain released into the High Intensity Supervision Program.
Chad Hawthorne is on trial for the murder of 35-year-old Antonio Bassett in a Fort Davis Park apartment complex. Four witnesses took the stand during the second day of his trial on March 8.
During the early hours of May 22, 2017, Metropolitan Police Department (MPD) officers found Bassett in a studio apartment on the 3900 block of Pennsylvania Avenue, SE, suffering from gunshot wounds to the chest and head.
The leaseholder said he let people stay there, according to court documents. During the trial, a neighbor described the apartment as having an “open-door policy” where anyone could enter and get high. He said he even complained to the apartment complex’s management, as he felt it was cultivating an unsafe environment.
The jury saw pictures of the apartment, which included images of Bassett when he was found there.
The apartment features a bathroom to the immediate left of the entrance and a small area where several men slept. To the left of the back wall was a patio door that led to a grassy parking area. Defense attorney Steven Kiersh noted during his cross-examination of the prosecution’s first witness, a crime scene investigator, that the patio door appeared to have been broken.
Eleven bullet casings were found on a nearby blanket, which the crime scene investigator testified were all from a 9mm gun. They also found bullets embedded into the ground where Bassett was found.
According to court documents, one witness said they saw 41-year-old Hawthorne run out of the apartment through the front hallway door after they were awakened by the sound of gunshots.
The prosecutor went on to call a police officer to the witness stand. This officer had taken a statement from Hawthorne after his vehicle, a red 2015 Chevrolet Cruze, was stolen. During cross-examination, Kiersh questioned the officer on why he had not investigated the robbery as much as he could. The officer explained he was on light duty. Kiersh then asked at what time was the car stolen. The officer said it was stolen between 2:00 a.m. and 9:00 a.m., but Hawthorne did not make a complaint until 9:00 p.m.
The prosecutor called the first responding police officer to the witness stand and played the Body-Worn Camera footage for the jury.
The footage showed the officer approaching the apartment. Upon arriving, two men told him they saw a man with dreadlocks and a medium build run away. The officer entered the apartment, where another man sat staring at Bassett, who was now dead. The officer then canvassed the apartment and took statements from each witness.
During his cross-examination, Kiersh questioned the officer on what the jury did not hear in the various footage being played. They had to redact some of the audio for privacy reasons. He made a point of mentioning that for a brief second, the jury could hear one of the witnesses say, “I ain’t know nothing.”
The next witness was an investigator with the MPD. His focus was on the gathering of information on electronic-based sources. This means he gathered all of the evidence from cameras in the area, which was explained to the jury. During cross-examination, Kiersh pressed the investigator, who commonly had to look at his notes. Kiersh asked him why he needed to review his report to answer questions. During re-direct, the prosecution asked how many videos he has viewed and collected since this 2017 homicide. The witness responded that he had viewed at least 500 videos.
Kiersh challenged the witness when he used the phrases “best of my recollection” or “believe.” He asked the investigator if there was any way he could be sure of what he was saying, to which the investigator responded, “we could review the video.”
“I am asking the questions,” Kiersh said.
“That was not a question,” the witness responded.
Kiersh focused on one of the camera channels, asking what was wrong with it. The witness took a moment and then said he was not qualified to answer the question and his team did not physically take cameras apart on the spot.
One witness entered the courtroom while one of the police officers was testifying, raising concerns that her testimony could be biased. DC Superior Court Judge Marisa Demeo dismissed the jury for an early lunch and asked this witness if she knew what happened during the testimony, what she could recall and what time she entered. The witness responded that she didn’t pay attention. The defense asked her why she even entered the courtroom. She replied she had nowhere else to go, prompting the prosecution to point out the witness waiting room.
Once the jury was seated after lunch, the neighbor who had complained to the apartment complex’s management took the stand.
This witness explained that he and Bassett were “drug-friends.” He said his drugs of choice were cocaine and heroin, but he is now sober.
The witness went into rumors he heard about Hawthorne and Bassett, prompting an objection from the defense. After hearing arguments, Judge Demeo allowed the testimony but told the jury they could not assume what he was saying to be the truth.
The witness said Bassett had the keys to Hawthorne’s car. Once, he used it so they could get more drugs. Afterward, Bassett allegedly told the witness that Hawthorne did not know he had keys to his car.
According to court documents, a different witness said that on the day before the shooting, Hawthorne was angry because items had apparently been stolen from within his car.
The prosecutor asked the witness if he was high the night of the shooting. When he was called to come into the apartment, he said he “was watching TV, but the TV must’ve been watching me.” He said he felt terrible upon seeing his friend.
The final witness to testify on May 8 was one of the people who would stay in the apartment. This man is currently incarcerated at the Prince George County Jail for a matter that has nothing to do with this case. The prosecutor sought out his perspective of the night.
This witness explained that four men, including Hawthorne and Bassett, would often share the studio apartment. The night of the shooting, he had plugged in his phone on the other side of the apartment and then went to sleep. Hawthorne and one other person were already in the apartment at that point. Later that night, Bassett and another person entered the apartment. The witness woke up and told Bassett where his phone was because Bassett allegedly had a history of stealing, he explained. Bassett allegedly said he would not touch it.
The witness then went back to sleep before waking up in the middle of the night to use the bathroom. While he was in there, he heard several gunshots. He said he felt scared and put his foot on the door to stop the shooter from entering. He waited several minutes and then walked out to the main room.
The witness claims Hawthorne said he was there and said someone tried to rob the apartment, then took his bag and left. The witness, not knowing what to do, went next door to find a neighbor.
The witness confirmed to the prosecutor that the doors were locked.
“Why,” the prosecutor asked.
The witness looked confused, responding, “I don’t know why do you lock your doors?”
The prosecutor changed questions to ask why the detective had not suspected him of committing the murder. The witness explained he offered his hands to be tested for gun residue.
During cross-examination, Kiersh asked why the witness had not called the police. He said that he could not as Bassett was lying on his phone and he did not want to touch his body. Kiersh continued asking if Hawthorne had asked the witness to call the police. The witness said he had asked Hawthorne to call the police, but instead, he left.
The prosecution said they would most likely need another two days of only witness questioning. The defense said they are prepared to start calling their witnesses on March 14.
The Metropolitan Police Department is attempting to locate a vehicle in connection with a March 8 traffic fatality.
At approximately 8:03 p.m. the suspect entered the victim’s vehicle in the 1800 block of Vernon Street, NW, according to a press release. While attempting to leave, the suspect hit the victim, 33-year-old Rakesh Patel, with his vehicle on the corner of 18th Street and Florida Avenue. Patel was pronounced dead on scene.
The vehicle is described as a dark Mercedez with Ohio tags.
A woman will not have to serve prison time for her role in a deadly traffic accident after a DC Superior Court judge passed a suspended sentence.
Briana Miller was indicted on charges of second-degree murder, driving under the influence and reckless driving for running over 47-year-old Delane Scales during the early hours of July 8, 2017. The accident occurred on the 3200 block of 22nd Street, SE, where the speed limit was 25 mph, according to court documents.
Miller, 38, lost control of the Hyundai she was driving and hit a fire hydrant, according to court documents. The responding officer also reported smelling a heavy odor of PCP in the vehicle, a mind-altering drug. However, defense attorney Pierce Suen said that while his client was negligent, she was not impaired.
The defendant pleaded guilty to negligent homicide on March 4 and was sentenced that day.
As part of the plea deal, parties agreed to recommend a fully suspended 36-months sentence with two years of probation. Judge Maribeth Raffinan adopted the recommendation.
Scales’ wife, a childhood friend and her cousin gave victim impact statements.
Suen said that after the incident, the defendant lost her job, went through a depression phase and got a new job where she is now doing very well.
Conditions of Miller’s probation include drug and alcohol testing and treatment, grief counseling, obtaining or maintaining employment, attending a victim impact panel and receiving a mental health screening.
Two co-defendants in a murder case rejected a plea offer from the prosecution. They are now scheduled to go on trial in 2023.
On Dec. 21, 2020, police officers were dispatched to investigate a vehicle stopped in the roadway on the 5000 block of Bass Place, SE. They found 25-year-old Tyree Brox in the vehicle suffering from a gunshot wound. Less than two weeks later, Rashaad Winston, 26, was arrested and charged with first-degree murder while armed. Keshawn Taylor, 22, was arrested and charged with first-degree murder while armed the following March.
The two have yet to be indicted, but during a March 8 hearing, the prosecutor said they anticipate having an indictment ready within a month.
Defense attorneys Elizabeth Weller and Joseph Wong said their clients were offered similar plea deals but have chosen to reject them.
DC Superior Court Judge Rainey Brandt scheduled the trial to take place in January 2023. Parties estimate it will last about two weeks.
In preparation for the trial, Judge Brandt scheduled a motion hearing for Sept. 23.
A defendant accused of sexually abusing a 16-year-old girl he has known for her entire life accepted a plea deal from the prosecution.
Jerry Barton was initially charged with first-degree sexual abuse in a domestic violence case. On March 8, he pleaded guilty to a lesser charge of second-degree sexual abuse of a minor. The charge carries a maximum penalty of seven-and-a-half years in prison.
During the hearing, the prosecutor said it is unclear if the victim and Barton are biologically related, but said they had a familial-like relationship.
The defendant has been released since February 2020. He will remain released as he awaits his sentencing date, which DC Superior Court Judge Rainey Brandt scheduled for May 27.
On March 8, the Metropolitan Police Department arrested 44-year-old Dejuan Bell, charging him with the murder of 34–year-old Davon Childs on the 2300 block of 4th Street NE.
A man initially charged with murder in the aftermath of a Congress Heights shooting pleaded guilty to assault and gun charges.
On the afternoon of March 31, 2021, Metropolitan Police Department officers found several people suffering from gunshot wounds on the 1300 Block of Congress Street, SE. Two of them, 28-year-old Keosha Ferguson and 25-year-old George Evans III, succumbed to their injuries. Tarik Turner was initially charged with second-degree murder while armed in Furguson’s death. Turner, 28, said Ferguson shot him in the leg and he fired back in self-defense.
During a March 8 hearing, Turner accepted the prosecution’s offer to plead guilty to assault with a dangerous weapon, which carries a maximum penalty of 10 years in prison, and carrying a pistol without a license, which carries a maximum penalty of five years in prison.
DC Superior Court Judge Maribeth Raffinan accepted the plea deal. Turner’s attorney, Quo Judkins, asked Judge Raffinan to release her client into the High Intensity Supervision Program as he waits to be sentenced. She pointed out that he has no prior convictions. Still, Judge Raffinan denied the request, expressing that the guilty plea warrants him remaining at DC Jail.
Tuner is set to be sentenced on May 27.
