Emergency Release Requests Mounting in Light of DC Jail Conditions

The Public Defender Service (PDS) for the District of Columbia released a memo calling for the release of all persons incarcerated at the DC Jail in the wake of the U.S. Marshals Service’s recent findings on the facility’s conditions. Multiple defense attorneys for pretrial detainees are filing emergency release motions due to these conditions as well.

According to D.C. Witness data, as of Nov. 15, attorneys for at least 29 defendants charged in felony sex abuse, domestic violence and homicide cases have filed such motions, which call the jail’s conditions, “unsanitary, unsafe and unconstitutional.” The motions often argue that a detainee’s due process rights are violated if they are incarcerated under conditions posing a “substantial risk of serious harm.” The jail, or the Central Detention Facility, is DC’s main detention facility.

In the Nov. 1 memo, Acting U.S. Marshal for the District of Columbia Lamont J. Ruffin informed DC Department of Corrections (DOC) Director Quincy Booth that he has forwarded the results of an unannounced inspection of the jail, which occurred during the week of Oct. 18, to the Department of Justice’s Civil Rights Division for review of potential violations of the Civil Rights of Institutionalized Persons Act, D.C. Witness previously reported.

The PDS release notes how its attorneys have raised issues over the jail’s conditions well before the inspection. They recently highlighted the issues in a video posted on Twitter, which features pretrial detainees talking about what they are experiencing.

“For years, the Public Defender Service for the District of Columbia, along with other legal and grass-roots organizations, has called out and challenged the D.C. Department of Corrections for its horrific treatment of nearly exclusively Black and Brown people detained at the D.C. Jail,” the memo states.

A motion filed by defense attorney Jason Tulley suggests his client has had difficulty receiving assistance for issues within his cell, largely due to the jail being understaffed. “Complaints about these conditions fall on deaf ears,” the motion reads.

Tulley noted that the conditions of the jail are so terrible that when attempting to meet and work with his client on the case, it is simply not possible to due to the conditions being a distraction. The prosecution was ordered to respond in this case by Nov. 18.

His motion, like others, cites the U.S. Marshals’ findings including:

COVID-19 protocols not being followed by staff
Staff members antagonizing defendants, directing them to “not cooperate’ with the review.” A DOC staff member was allegedly observed telling a detainee to, “stop snitching.”
Standing human sewage in multiple toilets in multiple occupied cells
Food and water withheld from detainees for punitive reasons
Water in some cells shut off for multiple days
Drug use, and a strong smell of marijuana

During a Nov. 8 hearing for a murder case, defense attorney Mani Golzari called the U.S. Marshals Service’s report a “factual statement of torture at the jail.” He said he is seeking the release of his pretrial client, Stanley Brown, into the High Intensity Supervision Program.

“Please,” Golzari said, “Someone has to act.”

Golzari said Brown is being held in a cell that “really wouldn’t be fit for a dog.” He said his client has had his water shut off and faced retaliation from officers. Golzari noted that defendants are held in custody based on the court’s conclusions, and said he did not want to receive “lip service.”

“I am pleading with the court for human decency,” he told DC Superior Court Judge Milton Lee. “People are suffering. Deeply, deeply suffering.”

Judge Lee held off ruling on the motion.

A majority of cases cite Helling V. McKinney, a 1993 case involving a Nevada state prisoner, among other cases. The prisoner claimed he was suffering unhealthy levels of second-hand smoke due to his cellmate smoking five packages of cigarettes every day, which he says violated his Eight Amendment rights to not be subjected to cruel and unusual punishment.

The majority opinion rejected the prosecution’s argument that the test of whether withholding medical care from prisoners was in “deliberate indifference” only applied to defendants with a current condition. Helling’s condition was not current but rather a result of the secondhand smoke. The precedent became the idea that deliberate indifference applies to secondary conditions like secondary smoke inhalation.

The attorneys are using this, among other cases, to show that while officers may not be deliberately ignoring health problems they may be ignoring other problems, causing health issues.

Attorneys also cite the due process clause of the fifth amendment, referring to portions of Ruffin’s memo including the withholding of food and water from detainees as punishment, failure to follow COVID protocols and officers directing detainees not to cooperate with inspectors.

During a Nov. 12 hearing for murder defendant Rashon Hall, defense attorney Dana Page said her client has mold in his cell and is not receiving his daily medication. The motion for release, in this case, was denied but an evidentiary hearing was scheduled for Nov. 10 to further examine the problem.

During another hearing, that same day, for another murder defendant, Lewkus Turner, Judge Neal Kravitz told defense attorney Jon Norris that additional information from the DC Jail and U.S. Marshals Service needs to be obtained before he makes a ruling.

The inspection of DC’s detention facilities was triggered by allegations that staff members were mistreating pretrial detainees charged in connection with the Jan. 6 attack on the U.S. Capitol, according to court documents. On Nov. 3, a letter was sent by Deputy Mayor of public safety and justice Chris Geldart to District Judge Amy Jackson and DC Superior Court Chief Judge Anita Josey-Herring explaining how action will be taken to evaluate the jail further, according to court documents.

Defense attorney Kevin Mosley stated in a motion for his client’s release that more than a thousand complaints have been raised by incarcerated individuals at the jail’s Central Detention facility, but have gone ignored in the past. The Central Detention Facility of the DC Jail, which was not described as being up to standards.

“As evidenced by the countless complaints of the nearly 1,500 predominantly Black and Brown residents of the Central Detention Facility, the Department of Corrections’ practice of acting with flagrant disregard for the health, safety, well-being, and basic constitutional rights of all its residents is long-standing. Absent immediate action by this Court, this mistreatment will undoubtedly continue. Mr. Morgan’s health and safety depend entirely on the actions of this Court.”

The resident population of the DC Jail is 82.9 percent Black and 9.4 percent white, according to the Department of Corrections most recent demographics release.

Mosley’s motion also called the descriptions of the Central Detention Facility’s conditions “glaringly obvious” to detainees and attorneys. He argues that these defendants have a constitutional right to be released, according to court documents.

More motions are being filed based on these requirements. The DOC is currently under investigation in regards to the Marshal’s memo.

The Central Treatment Facility, which is another DC correctional facility that holds pretrial detainees and is located next to the DC Jail, was described as being “largely appropriate and consistent with federal prisoner detention standards,” according to court documents. This facility held pretrial detainees from the Jan. 6 attack.

The PDS and DOC did not immediately respond to D.C. Witness’ requests for comment.

Crime Alerts: November 18-19

The Metropolitan Police Department (MPD) sent out four crime alerts between 9:00 p.m. on Nov. 18 and 9:00 a.m. on Nov. 19.

A crime alert was sent out at 9:04 p.m. due to a robbery in the 2100 block of 4th Street, NW. Police do not have information on the suspect(s).

A crime alert was sent out at 9:40 p.m. due to a robbery on the corner of 3rd Street and Nicholson Street, NE. Police identified the suspects as two Black males one was wearing a dark gray hoodie with light gray sweat pants and another was wearing all dark clothing and armed with a black handgun.

A crime alert was sent out at 5:35 a.m. due to a robbery investigation in the 2400 block of Good Hope Road, SE Police identified the suspect as a Black male wearing all black and armed with a handgun.

A crime alert was sent out at 6:23 a.m. due to an armed robbery investigation on the corner of 24th and Good Hope Road, SE. Police identified the suspect as a Black male with a light complexion and all-black clothing.

Trial Review: Defendant Acquitted of Murder

One of the defendants who was charged in the fatal shooting of Kenneth Poindexter was found not guilty.

Steven Robin, 25, was charged with first-degree murder while armed and possession of a firearm during a crime of violence in the Jan. 20, 2018 shooting of 20-year-old Kenneth Poindexter on the 4700 block of Benning Road, SE.

The jury deliberated for one week on whether 25-year-old Robin was guilty. They acquitted Robin of both first and second-degree murder while armed but found him guilty of possession of a firearm during a crime of violence.

Meanwhile, Antonio McKenzie and Edward Brown, who prosecutors also charged with murder in Poindexter’s death, await their trials from DC Jail.

The trial was originally supposed to include McKenzie, Brown and Charles Young. Back in August, Young pleaded guilty to accessory after the fact voluntary manslaughter for his role as the getaway driver. He was recently sentenced to four years in prison, all of which were suspended, plus plus six months of probation.

The defendants’ cases were all severed due to multiple issues, including McKenize and Brown gaining obstruction of justice charges. They are both accused of threatening a witness while incarcerated, D.C. Witness previously reported.

More than eight witnesses testified during the two-week trial. The prosecution’s case focused on the idea that Poindexter was standing on a street on the 4700 block of Benning Road, SE, when the four drove to where he was. They got out of the car and immediately began shooting, the prosecution alleged. A total of 42 shots were fired but Robin, they argued, sought to “finish him off” before leaving the scene and firing the final bullet.

They also alleged that Robin also later bragged about the murder.

This differs from defense attorney Kristin McGough‘s argument. She focused on the idea that there is not enough evidence to distinguish Robin himself as someone who committed the crime versus anyone else.

“The devil will be in the details,” McGough said during her opening arguments.

Over eight witnesses testified during the trial, including those who were in a nearby apartment and were with the victim days before his death.

The trial began with a witness testifying over multiple days but not answering any questions. She consistently said she did not know the answer or pleaded the fifth amendment. Eventually, DC Superior Court Judge Dayna Dayson gave her a lawyer in order to assist in the legality of her answers. She then stopped pleading the fifth amendment but continued to not fully remember events leading up to, during or after the homicide.

Instagram messages were shown between this witness and another, who also testified. Both were asked about two confrontations that allegedly occurred the days leading up to the murder but they could not give exact information.

A man who ended up calling 911 after seeing Poindexter’s body also testified. He heard gunshots while working nearby and then saw a man running to a white car.

During his testimony, he described the running man as in his 20s or 30s with short hair and a stocky build. He saw another man with what looked like a gun, standing by the car. He then wrote down the license plate of the car and called 911 at the sight of Poindexter’s body.

DNA evidence was taken into account during the trial. A scientist from the laboratory Signature Science explained the evidence and linked Robin to a water bottle found in the getaway car. While the scientist was confident in the results, McGough heavily questioned them and was able to highlight issues, including how the evidence was originally logged into the wrong shelf.

“Everyone has seen Jurassic Park, DNA lasts forever,” McGough said during her opening arguments. The witness was questioned in depth during her testimony about how DNA works and the fact that while the evidence was there, it did not pinpoint a timeframe but rather the fact Robin had ever been in the vehicle.

Multiple witnesses confirmed that there were no conclusive fingerprints tying Robin to the getaway car. There was no cell phone data tying him to the scene either.

Robin was released from DC Jail soon after the verdict was read.

Judge Needs Time to Decide on Murder Defendant’s Release Request Amid Concerns Over Jail Conditions

A DC Superior Court judge needs more time to consider a murder defendant’s request for a release amid concern over the conditions at DC Jail.

Tondrick Murphy, 31, is charged with first-degree murder while armed in the shooting of 26-year-old Marquis Jones. On Oct. 6, 2018, Jones was found dead on the 2900 block of Martin Luther King Jr. Avenue, SE, having sustained multiple gunshot wounds.

Defense attorney Ronald Resetarits filed an emergency motion for immediate release due to “unsanitary, unsafe, and unconstitutional conditions of confinement.” During the Nov. 18 hearing, Resetarits said Murphy would not be “a present danger to the community under strict home confinement” and should be released.

Judge Milton Lee said, “I’m not sure that the entire detention facility is of concern.” He said if an individual is currently in an unsatisfactory area of the jail, “it seems to be perfectly appropriate to move the individual to a different section of the jail that is not condemned.”

Resetarits said the problems at the jail are “pervasive, inhumane, and structural” and include “overpowering smells, toilets filled with feces, standing sewage, and water being shut off.”

Resetaris also said, “daily stabbings are occurring where [Murphy] was housed for a year-and-a-half.” After mentioning these stab victims are brought to Murphy’s unit to shower, the defense continued, “[Murphy] is having to clean up his shower just so he doesn’t have to shower in a pool of blood.”

Resetaris also noted the only reason Murphy is in that unit is because of COVID. Eventually, Murphy will be moved back to the unit where “daily stabbings are occurring.”

In addition to this, Resetarits said Murphy has a compelling self-defense case because Jones was found with a gun and a witness who testified before a grand jury said he heard Jones threaten Murphy minutes before the shooting.

The prosecution disagreed. “[Murphy] continues to shoot [Jones] when he’s down,” they said. “This is not a reasonable use of force.”

Judge Lee will schedule a hearing to discuss the defense’s motion for release once he has made a decision.

Murphy’s trial is scheduled to begin in April.

Judge Rejects Self-Defense Argument During Preliminary Hearing for Murder Case

A DC Superior Court judge ruled there is probable cause in a murder case.

Judge Dayna Dayson decided that there is enough evidence that 29-year-old William Davenport shot Leonard Turner, 27, on May 14 on the 1700 block of Trinidad Avenue, NE, during a Nov. 17 preliminary hearing. She also rejected the argument that Turner was killed in self-defense, citing how he was shot four times in the back.

Defense attorney Jacqueline Cadman previously argued that the shooter from the photos displayed by the prosecution was not clear enough to determine who the shooter was or if there was actually a gun in his hand. “The [prosecution] has not met the burden for finding probable cause,” Cadman said.

The prosecution, however, argued there is probable cause that the defendant is the shooter and intended to kill Turner. The prosecution said evidence suggests that Davenport’s phone was turned off during the murder. Cell site information tracked his location going from his mother’s house to a shelter, and then returning. The prosecution continued to argue there was no need for the defendant to go to the shelter because he didn’t live there.

The prosecution also argued against the notion of self-defense, saying Turner’s back was turned away from Davenport when he was shot and Turner did not have a gun on him.

The prosecutor argued Davenport is the shooter because the pictures were confirmed by a member of his family when she was shown images of the shooter during an interview at a police station.

A Metropolitan Police Department (MPD) detective took the stand, testifying as the lead detective on the case. The detective said he went to the residence of Davenport’s mother and asked to speak with her “in regards to an ongoing investigation.” During the investigation before the arrest, the police received two anonymous tips, one of which mentioned the type of car that the shooter had, an old taxi cab. He received a phone call from another officer who recognized the shooter as Davenport after viewing a “be on the lookout” notice.

Cadman noted no one has spoken to the people who sent in anonymous tips so there is no information on the basis of that knowledge, and the court can’t rely on anonymous tips. Two witnesses allegedly saw the shooting and provided a description of the person with the gun and he doesn’t align with the appearance of Davenport, Cadman said.

Judge Dayson agreed that both witnesses’ physical description was inconsistent. However, since there were four shots in the back of Turner, it shows he was not posing an immediate threat and there was no mitigation, Judge Dayson said. Judge Dayson was not sure he had a plan because he circled the block, but he did bring a gun with him. This logic was used when deciding between the probable cause for first or second-degree murder.

Judge Dayson found probable cause for first-degree murder.

The prosecution asked for the defendant to be held, but Cadman requested he be released into the High Intensity Supervision Program. Cadman said Davenport has three children and he’s not a danger to the community. He was cooperative to the arrest, is not a flight risk and his family supports him. Outlining the “terrible” conditions in the jail, Cadman also said he is not receiving the medical treatment that he needs there.

Judge Dayson is holding Davenport out of interest in keeping the community safe and but will send a message to try to get him treatment for his medical needs.

The next hearing is scheduled for Nov. 22 to discuss any updates.

Parties Prepare for Sex Abuse Trial

A DC Superior Court judge heard arguments on two motions in a sex abuse case set for trial later this month.

The defendant, a former Catholic priest, is charged with two counts of misdemeanor sex abuse. These charges were originally part of a seven-count indictment filed against him in May 2019, according to court documents.

The following November, the defendant was convicted of three counts of second-degree child sex abuse and one count of misdemeanor sex abuse. He was then sentenced to a total of 15 years for these offenses and is now awaiting a non-jury trial for the other two misdemeanor sex abuse charges. These charges stem from the allegation that he touched a woman’s breast twice in 2017 after she went to him for confession.

The woman went to another priest from the same parish in November 2018. He contacted law enforcement on her behalf. She also told her mother on the same day of the alleged incident.

The prosecution had intended to include these reports as evidence in the upcoming trial, which is scheduled to begin on Nov. 29. Defense attorney David Ritcher motioned for these reports to be excluded as “inadmissible hearsay” in March 2020.

During the Nov. 18 hearing, Judge Juliet McKenna called it “unduly prejudicial” to introduce evidence of the reports made about the alleged incident to the priest, the victim’s mother and law enforcement.

Judge McKenna allowed the prosecution to introduce the report the victim made to her mother. She only allowed the prosecution to include limited statements to the priest or the Metropolitan Police Department.

The prosecution also gave notice back in September of their intent to introduce evidence stemming from one of the defendant’s second-degree child sex abuse convictions, which involved conduct similar to that alleged in the pending misdemeanor sex abuse charges, at the trial. The defense has opposed this.

However, upon learning that the defendant does not intend to use the defense that the alleged incident in question was a mistake or accident, the prosecution said they would no longer use the evidence.

Judge McKenna put the motion on hold rather than denying it as moot in case the defense changes their mind.

Two days have been set aside for the upcoming trial.

Three Witnesses Testify During Murder Trial, Including Victim’s Brother

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

The trial for the fatal shooting of Daniel Parker continued with a forensic scientist and a Metropolitan Police Department (MPD) officer both testifying.

Dewayne Shorter is charged with first-degree murder while armed for allegedly shooting 38-year-old 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.

The first witness called during the Nov. 17 proceedings was a forensic scientist from the Department of Forensic Sciences (DFS). The prosecutor asked about the photos she took of the crime scene and the placards she placed around the scene. She said she gathered plastic bags as evidence because she wanted to check if they had drug residue on them.

The scientist said she found shell cases from different guns at the crime scene. She showed the jury a few of the shell casings.

She also showed the jury the firearm recovered from Parker’s waistband, along with its magazine. The scientist explained how she obtained Parker’s fingerprints from the firearm. When the prosecution asked why she had fingerprinted a deceased person, she said it was DFS policy at the time to fingerprint everyone involved in a crime.

Defense attorney Jon Norris asked the scientist if she had arrived at the crime scene after the shooting, which she had.

The next witness called was an MPD officer. The officer participated in executing a search warrant of a house located nearby the scene of the shooting in October of 2018. The officer was shown a photo of the house to confirm it was the one he searched.

The officer said he had retrieved an assault rifle from the house, and showed the rifle to the jury. The officer also showed another firearm that was recovered from the search. These are illegal in DC.

The officer said he also found drug paraphernalia, drug packaging, scales and money in the house. The officer was shown photos of the objects and he confirmed they were what he recovered from the house.

Norris asked the officer how many firearms he had recovered. He said he recovered three firearms: two handguns, both of which had extended magazines, and the assault rifle. Extended magazines are illegal in DC. The officer did not know who lived in the house at the time of the search but Norris said the people living in the house were affiliated with Parker.

Norris then asked the officer about a box of baking soda that was seen in a photo of bags of cocaine in the house. The officer explained that baking soda is used to increase the amount of cocaine, and is also used to turn cocaine into crack.

The last witness called was Parker’s oldest brother. The prosecution asked about their relationship. Parker’s brother said they were very close and he loves his brother.

The prosecutor asked Parker’s brother if he used to be involved in the sale of marijuana, and he said yes. Parker’s brother was then asked about his actions the day of the shooting. He said he worked all day, ran some errands and went home to sleep. He said his mother came to his house and said somebody told her somebody was shooting at his brother. Parker’s brother said he immediately went to the scene.

Parker’s brother said when he arrived at the scene of the crime, he saw his brother covered by a white sheet. He said a friend had told him Shorter shot his brother. The prosecution asked why he did not say this in his grand jury testimony, and he said this is because his friend was “high” at the time and he didn’t want to get Shorter in trouble.

Parker’s brother said he saw Shorter at the scene of the crime. He said Shorter told him he shot Parker by saying “you got bodies, I got bodies”. Parker’s brother said “having bodies” means to kill someone. The prosecution asked him if he had ever killed someone, and he said no.

The prosecutor continued, asking about a shooting Parker was involved in. Parker’s brother said his brother had told him he shot up a car, but the wrong person was inside. This happened around April 2017. He said his brother was mad about the shooting because he shot the wrong person and he wanted to “finish it off”.

Parker’s brother said he told Parker not to go after the person because their families were friends. When asked who Parker intended to kill, he said Shorter. Parker’s brother said a neighbor had told Shorter that Parker intended to kill him.

The prosecution asked Parker’s brother if their youngest brother had killed him, and he said no. Parker’s brother was asked about the relationship between Parker and their youngest brother, and he said they were very close.

Parker’s brother was then asked if his brothers used MDMA, and he said yes. He was asked if his brothers were “homicidal” about their drug use, and he said no.

The prosecution finished his examination by asking Parker’s brother if he had intimidated Parker’s ex-girlfriend, who previously testified. He denied this. He was then asked if he was covering up for the fact that his youngest brother really killed Parker. He responded, saying it was an offensive question and not true.

Norris asked Parker’s brother if his information about the shooting comes from other people, and he said yes. Norris asked him if he had told the grand jury that his friend told him Shorter had shot his brother, and he said yes. Norris showed him the grand jury statement, where he said his friend had heard the shots and ran off.

Norris asked about Parker’s drug use and how he was known to go on four to five day binges. Parker’s brother said that is not true because he saw Parker nearly every day. Norris then asked if he taught his brothers how to sell drugs and obtain weapons and he said no.

DC Superior Court Judge Marisa Demeo scheduled the trial to continue on Nov. 22.

Crime Alerts: November 17-18

The Metropolitan Police Department (MPD) sent out six crime alerts between 9:00 p.m. on Nov. 17 and 9:00 a.m. on No. 18.

A crime alert was sent out at 10:13 p.m. due to a robbery investigation in the 400 block of M Street, NW. Police identified the suspects as two Black males wearing all-black clothing.

A crime alert was sent out at 12:11 a.m. due to a robbery in the 2500 block of Pennsylvania Avenue, NE. Police identified the suspects as four Black males in a grey BMW X5 with unknown Maryland tags.

A crime alert was sent out at 4:28 a.m. due to a robbery in the 4200 block of Massachusetts Avenue, SE. Police identified the suspects as four Black males in a Nissan Rogue.

A crime alert was sent out at 6:15 a.m. due to a stabbing in the unit block of Galveston Place, SW. Police identified the suspect as a Black female wearing all black and a face mask.

A crime alert was sent out at 8:40 a.m. due to a robbery in the 500 block of Florida Avenue, NW. Police identified the suspect as a Black male wearing gray sweat pants, a gray hoodie and white shoes.

Prosecutor Discusses Plans to Test DNA Evidence Ahead of Murder Trial

A prosecutor discussed her plans for the testing of DNA evidence in a murder case set to go to trial next year.

Diquan Lucas, 24, is charged with first-degree murder while armed for allegedly shooting 33-year-old Brian Butler in an apartment on the 2300 block of Ainger Place, SE, on Nov. 21, 2019.

The prosecutor gave notice of their intent to test DNA evidence in the case back in September. During the Nov. 17 hearing, she mentioned that the testing site is backed up and was informed that results wouldn’t be returned until March. The trial is scheduled to begin in mid-April.

DC Superior Court Judge Milton Lee asked the prosecutor to try to expedite the testing process. She said she would try and get the results back earlier.

Parties are scheduled to reconvene on Jan. 7 to discuss any updates.

Lucas is also charged with first-degree burglary while armed, possessing a firearm during a crime of violence and unlawful possession of a firearm in this case.

The defendant was arrested less than two weeks after Bulter’s death. He awaits his trial from DC Jail, where he has been held ever since.

Lucas rejected plea offers from the prosecution during his preliminary hearing on March 9, 2020. He rejected another plea offer on June 1, slightly less than two months before he was indicted.

When Judge Dayna Dayson scheduled the trial during an August hearing, the prosecution said they expect to need approximately two weeks to present their case. Defense attorney Roderick Thompson said he anticipates needing “three days, tops.”

Victim’s Friend Testifies About Day of Fatal Shooting at Trial

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

A Metropolitan Police Department (MPD) officer who responded to the fatal shooting of Daniel Parker testified in front of a jury on Nov. 16. Parker’s friend, who was at the scene of the homicide, also took the witness stand.

Dewayne Shorter, 33, is on trial for first-degree murder while armed in the death of 38-year-old Parker on July 26, 2017, on the 2000 block of Fairlawn Avenue, SE.

The doctor who performed Parker’s autopsy reported that the victim was shot so many times that he could not count the exact number of entry and exit wounds he sustained, according to court documents.

The MPD officer told the prosecutor that, upon arriving at the crime scene, he found Parker on the ground with a gunshot wound to the head. When he realized that Parker was not showing signs of life, he checked the surrounding area for possible witnesses and began to set up barricade tape.

The MPD officer also said Parker had a pistol in the waistband of his pants. The prosecutor showed Body Worn Camera (BWC) footage to corroborate the testimony of the field training officer.

The second witness to testify was a friend of Parker who was present at the scene of the homicide.

Parker’s friend said he was friends with Parker’s brother before meeting Daniel. He testified that Parker’s brother, Daniel, and their third brother were known to make money on the side by selling marijuana. In addition, when asked by the prosecutor whether the Parker brothers were “stick-up boys”, he responded by saying he was not completely sure, but that he had heard rumors.

Parker’s friend was then questioned on the events that transpired the day of the crime. He testified that they were with other guests at a house in the 2000 block of Fairlawn Avenue, SE, having a barbecue. Parker’s friend mentioned that they were hanging out outside, which was rare.

When asked why that was rare, he responded that there had been many shootings in the neighborhood and that being outside just felt dangerous. But he denied that he was scared of being outside due to a specific person’s threat.

Parker’s friend admitted to being high at the time of the crime. However, he recalled that Parker was speaking to his girlfriend when gunshots began to go off. He then mentioned that everyone scattered when the first shot went off. He did not see where the shots came from, but he knew they were coming from behind.

The trial is expected to continue on Nov. 18 with more witnesses.

Shorter is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed and unlawful possession of a firearm in this case.

Document: Arrest Made in March Homicide

The Metropolitan Police Department (MPD) announced an arrest has been made in relation to a March homicide.

At approximately 10:43 p.m. on March 13 officers responded to the 600 block of O Street, NW, due to sounds of gunshots. Upon arrival, officers located 29-year-old Nicolas Hawkins with multiple gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

On November 23, officers arrested 26-year-old Anthony Whitted and charged him with second-degree murder while armed, according to the press release.

Judge Denies Murder Defendant’s Release Request Amid Concerns Over Jail Conditions

A murder defendant will remain held at DC Jail following the denial of his release request.

John Philogene is charged with second-degree murder while armed for allegedly shooting 34-year-old Evan Wood on March 27 on the 4200 block of 6th Street, SE.

Back in September, Philogene’s attorney at the time, Wole Falodun, motioned for the 24-year-old defendant’s release into the High Intensity Supervision Program or home confinement. During the Nov. 17 hearing, defense attorney Michelle Lockard, who recently replaced Falodun, cited the poor jail conditions Philogene described to her and argued that her client won’t be a flight risk on GPS monitoring and does not pose a threat to the community.

The prosecution opposed the request, arguing that the evidence against Philogene is strong – citing the court’s previous finding of substantial probability – and disagreeing with Lockard’s assessment that he does not pose a threat to the community.

DC Superior Court Judge Juliet McKenna brought up the defendant’s adult criminal history, which consists of misdemeanor charges, and said he has violated a stay away order in the past. Citing this, she denied the release request.

Acknowledging the reports of unsanitary jail conditions, however, Judge McKenna said the US Marshals Service, who recently performed an unannounced inspection of the facility, will be present at DC Jail and have agreed to “promptly remedy these situations.”

Lockhard suggested waiting to schedule the trial and Judge McKenna agreed. Lockhard said the prosecution gave her more discovery evidence two days prior and she is taking time to look over the details of them.

The prosecution also said they will be providing the defense with Body Worn Camera (BWC) and surveillance footage shortly.

The prosecution extended the defendant a plea offer that would reduce his murder charge to one count of voluntary manslaughter, with a sentencing range of seven-and-a-half to ten years. The defense has yet to make a decision on this.

The next hearing is scheduled for Feb. 25.

Parties Await Sex Abuse Defendant’s Decision on Plea Offer

DC Superior Court Judge Milton Lee scheduled a felony status conference for a first-degree sex abuse defendant who has been offered a plea deal.

The 34-year-old defendant is accused of sexually assaulting a woman on the 5400 Block of B Street, SE, on April 3.

According to court documents, the victim and defendant met at a wedding. The victim and her boyfriend were driving the defendant home from the wedding when they got into a car accident that led to a physical altercation between the victim’s boyfriend and the other drivers. The boyfriend got arrested at the scene. Later, the victim and the defendant drove back to his home where he then allegedly sexually assaulted her.

The prosecution extended the deadline for their plea offer to Nov. 18, when parties are scheduled to reconvene for another hearing.

In the meantime, the defendant will remain released under the High Intensity Supervision Program. During the Nov. 16 hearing, defense attorney David Benowitz said his client is in compliance with his pretrial release conditions.

Defendant Requests Additional Counsel Ahead of Murder Trial

A defense attorney requested the appointment of additional counsel ahead of an upcoming murder trial.

James Mayfield and Robert Moses 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.

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

Moses’ lawyer, Kevin McCants, asked DC Superior Court Judge Neal Kravitz to appoint an additional attorney before his client’s trial begins in February 2022. During the Nov. 16 hearing, 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.

Judge Kravitz expressed concerns over whether or not a new attorney would be sufficiently prepared for the trial before its scheduled start date. Defense attorney Veronice Holtz, who is representing Mayfield in both his murder cases, expressed the same concern.

Judge Kravitz met privately with McCants and Moses to discuss the matter. Judge Kravitz said he would be reaching out to other defense attorneys to see if they would be available

Any attorney appointed by Judge Kravitz will take over as the lead counsel on Moses’ case, with McCants remaining as assistant counsel.

Mayfield and Moses are also charged with assault with intent to kill while armed in a drive-by or random shooting offense committed during release, possession of a firearm during a crime of violence, assault with intent to kill, drive-by or random shooting, aggravated assault with grave risk while armed, obstruction of justice and conspiracy in that case.

The two remain held at DC Jail. Judge Kravitz scheduled a status hearing for Nov. 23.

Crime Alerts: November 16-17

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Nov. 16 and 9:00 a.m. on Nov. 17.

A crime alert was sent out at 10:01 p.m. due to a gun robbery in the 4500 block of Wisconsin Avenue, NW. Police identified the suspects as two black men in all-black clothing and armed with handguns.

A crime alert was sent out at 6:39 a.m. due to a gun robbery on the corner of Southern Avenue and Suitland Road, SE. Police identified the first suspect as a black male with a slim build wearing a ski mask. The second was identified as a Black male wearing a black hoodie and surgical mask.

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