Detective Finishes Testimony During Preliminary Hearing for Murder Case

A DC Superior Court judge found probable cause in a murder case, ruling that it has enough evidence to go to trial.

Bernard Matthews, 42, is charged with second-degree murder for allegedly shooting 22-year-old Diamonte Green on Feb. 16 on the 300 block of 33rd Street, SE.

A Metropolitan Police Department detective continued their testimony on Nov. 16. He had previously begun testifying on Nov. 12, D.C. Witness previously reported. During the cross-examination, defense attorney Andrew Ain asked questions about inconsistency in witnesses’ statements and other potential suspects.

Ain brought up the issue of a cream-colored Cadillac a witness told police they saw the shooting suspect leave in. Surveillance video shows that the Cadillac did not arrive near the scene until many minutes after the shooting. The video also shows an individual, who the police believe to be the defendant, leaving the scene on foot.

Ain questioned the detective as to why another individual, who was exchanging threatening messages with Green hours before the shooting, was never investigated. The detective just said they were not looked into.

Judge Neal Kravitz found probable cause but noted that “probable cause is a very low standard”. Matthews has been on release in the High Intensity Supervision program since April.

Judge Kravitz set another hearing for Feb. 1.

Defense Requests Murder Defendant’s Release Due To Jail Conditions

The attorney for a defendant charged in the death of Unique Harris, who went missing in 2010, requested his client’s release due to the conditions at DC Jail.

Isaac Moye, 44, is charged with second-degree murder in the death of 24-year-old Unique Harris.

Harris disappeared from her home on the 2400 block of Hartford Street, SE, on the night of Oct. 9, 2010. She has yet to be found. In 2018, the court granted a petition for a presumption of death of a missing person and issued a death certificate for her. Moye was arrested in December 2020.

According to court documents, Harris’ children reported her missing in the morning when they realized she was not in the house but her car was still in the driveway. Moye was on GPS tracking at the time and tracking records indicate that he arrived at Harris’ home around 10:40 p.m. on Oct. 9 and left around 7:20 a.m. on Oct. 10.

Moye was arraigned on the murder charge – the sole count of the indictment – during the Nov. 16 hearing. He entered a plea of not guilty.

Defense attorney Jason Tulley filed a motion for Moye’s release based on the conditions at DC Jail. The prosecution had not yet replied to the motion at the time of the hearing so DC Superior Court Judge Neal Kravitz ordered them to do so by Nov. 19.

Tulley’s motion explains how his client has experienced similar conditions to what the U.S. Marshals Service’s report describes as inhumane. He said it is difficult to meet with his client due to them.

According to Tulley, a co-counsel will be assigned to the defense and then they can move forward with picking a trial date.

Judge Kravitz set a hearing on Dec. 1 to select a trial date.

Document: November 16 Homicide

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Nov. 16.

At approximately 2:01 a.m. officers responded to the 4300 block of Wheeler Road, SE, due to a report of a shooting. Upon arrival, officers located 62-year-old Albert Young with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

Ex-Girlfriend, MPD Officer Testify During Murder Trial

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

The trial for Daniel Parker’s murder continued with multiple witnesses testifying, including a Metropolitan Police Department (MPD) officer who was the victim’s neighbor and the victim’s ex-girlfriend.

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

An MPD officer was called to the witness stand. At the time of the shooting, the officer was neighbors with Parker and was able to identify on a map where the shooting happened.

The officer said he had a few conversations with Parker in the past and knew his two brothers. He said he often saw foot traffic going in and out of Parker’s house and assumed Parker was involved in drug transactions and had previously reported the activity.

On the day of the homicide, the officer said he had arrived home and had briefly spoken with Parker, who was throwing a party. While he was inside, the officer heard what he at first thought were fireworks, but realized they were gunshots. He then grabbed his radio and service weapon and ran outside.

Once outside, the officer saw Parker’s body lying on the ground and noticed a firearm in the waistband of Parker’s shorts. The officer was able to identify Parker’s body in a photo the prosecution showed.

Defense attorney Gemma Stevens asked the officer if he was told not to talk to the prosecution. The officer denied this. Stevens then asked the officer why he did not want to talk to the prosecution. The office replied that he was off the clock and had already made his statement, so he did not find it necessary to speak to them when asked to.

The second witness to testify, Parker’s ex-girlfriend, said she dated the victim from 2016-2017 for about eight months but had known each other for years before. She said although they were broken up at the time he was killed, they continued to see each other.

When asked about Parker’s financial situation, she said he made extra money by selling marijuana. At the time of the shooting, the ex-girlfriend was sitting with her mother in a parked car and Parker was standing nearby, outside the car. The ex-girlfriend also thought she was hearing fireworks at first, but later realized she was hearing gunfire.

In her statement to the grand jury, the ex-girlfriend had said the shooter was wearing all black clothing, but during the trial, she said she was not sure what the shooter was wearing. When asked about the weapon that killed Parker, the ex-girlfriend told the prosecution she believed it was an assault rifle because it sounded like one.

One she realized she was hearing gunshots that day, she drove off and saw Parker run away, she said. She confirmed to the prosecution that she later went back to the crime scene to check on Parker and tell responding officers she was there.

The ex-girlfriend said she never saw Shorter shoot Parker. She said the only thing she is sure of is that Parker was killed and that her life has changed. The prosecution asked if a mutual friend of hers and Parker had told her what to say to the police, but she denied this.

The prosecution questioned the ex-girlfriend about the discrepancies in her grand jury statement and her statements made during the trial. She admitted to being under the influence during the grand jury testimony. The ex-girlfriend also said she had told the prosecution that at the time, she was “not in the right frame of mind”.

When asked what she was under the influence of, the ex-girlfriend said at the time she was “taking a lot of molly”. Molly is the street name for MDMA, a psychoactive drug. The prosecution asked if she had been arrested for possession of molly and the ex-girlfriend said yes. The prosecution said because her arrest happened multiple days before her grand jury testimony, she could not have been under the influence. The ex-girlfriend said the drugs must have still been in her system.

The prosecution asked the ex-girlfriend about Parker allegedly telling her that he had shot at someone. The ex-girlfriend said she did not take what he said seriously because, “[he] was always high on molly and not sleeping for four to five days”.

The ex-girlfriend was asked if she had originally said the shooter was a black man. The ex-girlfriend replied she did not know if the shooter was “God or the devil”.

Defense attorney Jon Norris asked the ex-girlfriend if she knew who the shooter was and she responded the same as when the prosecutor asked.

The ex-girlfriend also confirmed to Norris that she and Parker broke up because of his use of molly, which she said made him “snappy and agitated.” She said she did not know, however, if Parker and his brothers fought about molly use.

DC Superior Court Judge Marisa Demeo scheduled the trial to resume on Nov. 16 with more witnesses.

Document: Arrest Made in Homicide

Metropolitan Police Department (MPD) detectives have made an arrest in relation to a homicide.

On Nov. 15 at 9:34 a.m. officers responded to the unit block of 45^th Street, NE, due to a report of a shooting. Upon arrival, officers located 47-year-old Jamalijnanya Butler with gunshot wounds and pronounced him dead on scene, according to the press release.

Officers arrested 22-year-old Malik Williams and charged him with second-degree murder while armed, according to the press release.

Murder Defendant Rejects Plea Deal at Preliminary Hearing

A murder defendant rejected a plea deal before a witness took the stand in a hearing to determine if the case has enough evidence to go to trial.

Jamil Whitley, 34, is charged with first-degree murder while armed for allegedly shooting 32-year-old Kevin Redd on June 11, 2020, at the 4700 block of Jay Street, NE. He was arrested the following August.

Whitley denied a plea offer extended to him by the prosecution. If he had taken it, he could have faced 13-18 years in prison.

A Metropolitan Police Department (MPD) detective took the stand to review the details of Whitley’s arrest warrants during the Nov. 15 hearing. The detective said her unit was not the first to arrive at the crime scene, and therefore was not in charge of the investigation.

Madalyn Harvey, Whitley’s attorney, asked that the detective hand over any radio recordings from the night of the incident that covers any details in the affidavit. DC Superior Court Judge Milton Lee granted.

Judge Lee determined that the case has probable cause.

Whitley is scheduled to return to court Dec. 10 for a status hearing.

Crime Alerts: November 15-16

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 pm. on Nov. 15 and 9:00 a.m. on Nov. 16.

A crime alert was sent out at 9:33 p.m. due to a robbery investigation in the 2800 block of N Street, NW. Police identified the suspects as one White male and one Black male in a Toyota RAV4 vehicle.

A crime alert was sent out at 3:02 a.m. due to a shooting investigation in the 4300 block of Wheeler Road, SE. Police identified the suspect wearing a white hoodie and dark pants.

Document: November 15 Homicide

Metropolitan Police Department (MPD) detectives are investigating a Nov. 15 homicide.

At approximately 6:05 a.m. officers responded to the 1900 block of 14^th Street, SE, due to a report of a shooting. Upon arrival, officers located two adult men with gunshot wounds nearby. Both were transported to a local hospital where one, 68-year-old Nathaniel Martin, succumbed to his injuries, according to the press release.

MPD Officer Testifies During Preliminary Hearing for Murder Case

A police officer testified before a DC Superior Court judge during a preliminary hearing to determine if the case against the man accused of fatally shooting Diamonte Green has enough evidence to go to trial.

Bernard Matthews, 42, is charged with second-degree murder while armed for allegedly shooting 22-year-old Green on Feb. 16 on the 300 block of 33^rd Street, SE. Matthews is currently out on release in the High Intensity Supervision Program.

During the Nov. 12 hearing, a Metropolitan Police Department (MPD) detective testified that Green was found lying on his back, having sustained approximately eight gunshot wounds. About 12 shell casings were found at the crime scene.

The prosecution showed the detective video footage from Feb. 16. The detective identified Matthews in the video based on his clothing, since Matthews was later apprehended wearing the same clothing. He also said in another video, Matthews’ face was shown on the camera.

Another video was shown of Matthews and a young man, identified as Matthews’ son, entering a nearby building. Throughout the video, Matthews and his son repeatedly enter and re-enter the building.

The detective said Matthews had received a text message from someone saying they were outside. Matthews and his son were seen exiting from the back of the building and entering a van. The detective said the shell casings from the crime scene matched a gun Matthews owns.

Defense attorney Andrew Ain asked the detective about the van that picked up the defendant and his son. The detective said a witness had identified the van but has yet to interview the driver and he currently does not know the relationship between Matthews and the driver.

The detective had found out Green and Matthews’ son were involved in a dispute, and had fought over Instagram direct messages.

DC Superior Court Judge Neal Kravitz scheduled the preliminary hearing to resume on Nov. 16.

Document: Arrest Made in 2019 Homicide

Metropolitan Police Department (MPD) detectives have made an arrest in relation to a 2019 homicide.

On Dec. 26, 2019, officers responded to the 1800 block of Corcoran Street, NE, due to sounds of gunshots. Upon arrival, officers located two adult males with gunshot wounds and transported them to a local hospital. On Dec. 27, one of the victims, 26-year-old Andre Carroll, succumbed to his injuries, according to the press release.

On Nov. 15 officers arrested 24-year-old Robert Hunter and charged him with second-degree murder while armed in relation to the homicide, according to the press release.

Judge Denies Defense Motion on DNA Testing in Murder Case

A DC Superior Court judge denied a defense motion in a murder case to conduct DNA testing and stop the prosecution from consuming DNA evidence in light of the Department of Forensic Sciences’ (DFS) loss of its accreditation.

Daquan Gray, 19, is charged with first-degree murder while armed in connection with the shooting of 15-year-old Jaylyn Wheeler on May 16, 2018, on the 600 Block of Alabama Avenue, SE.

The motion came after the prosecution gave notice of their intent to retest DNA evidence. According to the prosecutor, only one more round of testing can be done on the DNA evidence. Judge Neal Kravitz called the defense’s motion “gamesmanship” since Gray waived his right to conduct DNA testing under the Innocence Protection Act back in February 2020.

In the motion, defense attorney Dana Page states that her client learned that the DFS lost its accreditation after he waived his right to DNA testing. Page goes on to argue that Gray has the right to test material previously tested by the prosecution. She also wanted Judge Kravitz to prevent the prosecution from possibly consuming the material by testing it themselves.

During the Nov. 12 hearing, the timing of the defense’s motion was questioned due to the lack of activity or requests regarding the DNA until the prosecution decided to retest the evidence. Page responded, saying COVID’s impact on the vacating of the trial scheduled for September 2020 led her to forget. She argued that private testing would allow them to conduct different types of testing, however, when asked what they would do differently by the judge, Page was not forthcoming due to it being key to the defense strategy.

The prosecution argued that, although the firearms and crime scene DNA laboratories of DFS have come under scrutiny, there is no evidence of corruption or incompetence in this case. The prosecution also said the retesting was not a priority until recently due to his release from custody. Along with that, the private labs which conduct testing for the government are backlogged, so the testing will not be instantaneous, the prosecution said.

Judge Kravitz said the defense may suggest additional trials to the prosecution for the testing and submit another motion if needed. Parties are scheduled to reconvene on Feb. 22.

McKenzie Pochiro wrote this article.

Judge Denies Murder Defendant’s Motion for COVID Release

A DC Superior Court judge denied a murder defendant’s request for a compassionate release based on the COVID-19 pandemic.

The defendant, 27-year-old Lewkus Turner, is charged with first-degree murder while armed for allegedly shooting 27-year-old Vincent Gyamfi on Dec. 11, 2020, on the 1700 block of 29th Street, SE.

According to court documents, Gyamfi was shot three times: twice in the torso and once in the hip.

Defense attorney Jon Norris filed the compassionate release motion back in May. He also recently filed an emergency release motion, citing the conditions of confinement at DC Jail. While Judge Neal Kravitz denied the May motion, he said he was unable to rule on the later one. He said more information from the U.S. Marshal Service and the DC Jail must be obtained before he can make a ruling.

These decisions come in the wake of reports from the U.S. Marshals Service about the jail’s condition based on an unannounced inspection of the facility. The results of the inspection were sent to the Department of Justice’s Civil Rights Division for review of potential violations of the Civil Rights of Institutionalized Persons Act, specifically in regard to the Central Detention Facility, D.C. Witness previously reported.

During the Nov. 12 hearing, defense attorney Jon Norris raised concerns over an alleged COVID-19 outbreak at the DC Jail. Norris said his client has health issues and turned down the COVID-19 vaccine because of them. However, in a motion, Norris explained that he was unable to find a study showing benefits from those with Turner’s health issues receiving the COVID-19 vaccine.

Judge Neal Kravitz said he has not received enough evidence that Turner should refuse the vaccine for health reasons and denied the motion. He said he suggests Turner get the vaccine to protect himself from COVID-19.

Parties are scheduled to reconvene on Jan. 26.

Document: November 14 Homicide

Metropolitan Police Department (MPD) detectives are investigating a Nov. 14 homicide.

At approximately 4:49 p.m. officers arrived at the 2000 block of Bruce Place, SE, due to sounds of gunshots. Upon arrival, officers located two adult male victims on the 2000 block of Bruce Place, SE, with gunshot wounds. Both were taken to a nearby hospital. One of the victims, 52-year-old David Williams, succumbed to his injuries, according to the press release.

Judge Releases Murder Defendant After Finding Probable Cause

A DC Superior Court judge ruled that the case of a fatal stabbing at a Southeast, DC gas station has enough evidence to go to trial, but agreed to release the defendant into the High Intensity Supervision Program.

Tywan Morris is charged with second-degree murder while armed in the death of 27-year-old Danielle Stuckey on Oct. 17 at a gas station on the 2800 block of Alabama Avenue, SE.

During the Nov. 15 preliminary hearing, the prosecution showed surveillance footage of the stabbing and the confrontation that preceded it.

In the footage, a green vehicle, which court documents identify as a 4-door Nissan Xterra, is seen pulling up to the first pump, which is close to a bus stop. A man, identified as 26-year-old Morris, leaves the car to go into the store and pay for his gas. He can be seen wearing a hoodie, black shorts and pants, sneakers and a chain around his neck. A Metropolitan Police Department detective on the case testified that he was wearing the same clothes, except for the hoodie and necklace, when he was arrested that same day. The defendant’s girlfriend and her child are also in the vehicle, according to court documents.

After returning to the car, Stuckey can be seen approaching him. She appears to shake his hand and look inside the vehicle. After this, she appears to become angry and a verbal argument between the two ensues. Stuckey paces in the parking lot during the confrontation.

Later in the video, Morris greets someone in a silver vehicle at the gas station with a hug. The argument continues, and at one point, Morris retrieves something from the silver vehicle. The detective said he believes the defendant was retrieving a knife based on his conversations with witnesses.

At one point, Morris’ girlfriend appears to become involved in the confrontation. According to court documents, she told police that Stuckey has tried to fight her in the past.

In the footage, Stuckey picks up a chair and appears to throw it at the defendant, who knocks her onto her back. It is then that the stabbing appears to occur.

The detective said Morris told him Stuckey hit him in the head at some point, but he did not see evidence of that in the video.

Judge Neal Kravitz ruled that the case had probable cause, but he still granted the defense’s request to release Morris into the High Intensity Supervision Program, citing his limited criminal history.

Jury Begins Deliberating in Murder Trial

A jury began deliberations in a murder trial after parties delivered their closing arguments on Nov. 10.

Steven Robin, 25, is 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.

Antonio McKenzie and Edward Brown are also charged with murder in Poindexter’s death, but they will they tried separately from Robin. Charles Young has also 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 six months of probation, D.C. Witness previously reported.

DC Superior Court Judge Dayna Dayson told the jury to examine the evidence presented by both parties to conclude if Robin was the person who committed the crime, had an intentional plan to kill and was in possession of a firearm at the time.

The prosecution argues that the victim was standing on the street when the defendant and three others drove to where Poindexter was, got out of the car and immediately began shooting. A total of 42 shots were fired, but the prosecution alleges Robin sought to “finish him off” before leaving the scene.

A witness said she saw the shooting happen from her balcony and another witness reported the car’s license plate as it drove by a few blocks later following the sound of gunshots, which the police later determined to have come from one of the shooters, the prosecution explained.

Two other witnesses who previously testified during the trial were mentioned as having reported to the police their accounts of the story. Both witnesses were not at the scene of the crime but reportedly heard what happened from the defendant.

The credibility of these witnesses was addressed, with the prosecution noting that these witnesses were known to lie in the past but the prosecution said they have since corrected their testimonies.

Defense attorney Kristin McGough argued that there is not enough evidence to distinguish that Robin himself committed the crime versus someone else.

Both witnesses who weren’t at the scene, McGough pointed out, have consistently lied because there was an incentive to tell the story so that the defendant was accused in hopes of a cash reward or freedom from another case they are a part of.

While Robin’s DNA was found on a water bottle in the car from the crime, McGough said there is no proof that the water bottle was in the car from the day of the shooting. McGough added that no cell phone data for Robin was displayed during the trial as a means to trace his locations on the date of the crime, nor is there evidence that he even had a firearm.

Parties now await a decision from the jury.

Search