Armed Carjacking Defendant Waives Prelim

An armed carjacking defendant waived his right to a preliminary hearing of the evidence against him on Aug. 7 before DC Superior Court Judge Eric Glover.

Jerail Stroud, 26, is charged with armed carjacking and possession of a firearm during a crime of violence for his alleged involvement in an incident that took place at the intersection of South Capital Street and Anacostia Avenue, SE on July 4, 2024.

After Stroud waived his preliminary hearing in court, the prosecution asked that Stroud be detained.

Stroud’s defense attorney, Thomas Lester stated there was “no contest,” meaning they would not be objecting to the hold or asking for Stroud’s release.

Judge Glover ordered Stroud continue being held pending future proceedings.

Parties are slated to reconvene Sept. 10.

Carjacking Defendant Rejects Plea Offer

A carjacking defendant rejected a plea offer before DC Superior Court Judge Andrea Hertzfeld on Aug. 7.

Marcus Tucker, 30, is charged with armed carjacking and possession of a firearm during a crime of violence for his alleged involvement in a carjacking that occurred at the intersection of Hartford and 30th Street, NE on April 17.

The prosecution offered a deal that included Tucker’s pleading guilty to one count of armed robbery in exchange for their not seeking an indictment on any greater charges. With the plea deal rejected, the jury trial is set to start Sept. 8.

According to court documents, Tucker was appointed a new attorney, Carrie Weletz, on July 31. Weletz told the court that she needs more time to review motions, specifically Tucker’s request for a new preliminary hearing based on false testimony, which he sent to the court on July 23.

Court documents show that Tucker, representing himself, believes probable cause was found for his case based on a witness’ identification, saying Tucker was wearing all black clothing during the incident. He argues that he was wearing white that day.

Parties are set to reconvene on Aug. 25.

Homicide Defendant Has Not Guilty by Reason of Insanity Option

DC Superior Court Judge Neal Kravitz opened the possibility of a not guilty plea by reason of insanity for a homicide defendant on Aug. 5.

George Sydnor, 46, is charged with first-degree premeditated murder while armed, first-degree burglary while armed, and kidnapping while armed and two counts of felony murder while armed for his alleged involvement in the fatal stabbing of 31-year-old Christy Bautista on March 31, 2023 at a hotel on the 1600 block of New York Avenue, NE.

All offenses were committed during release and each charge has an aggravating circumstance of an especially heinous, atrocious or cruel crime.

According to court documents, Metropolitan Police Department (MPD) officers responded to a 911 call concerning screams originating from Bautista’s hotel room, where she was stabbed approximately 30 times.

Judge Kravitz mentioned that he was under the impression after reading the prosecution’s proffer of facts that the defense might pursue a Frendak inquiry in which Sydnor would plead not guilty by reason of insanity. A Frendak inquiry determines whether a defendant can voluntarily and knowingly waive the insanity defense.

When asked if the defense would be pursuing that approacf, Sydnor’s defense attorney, Jesse Winograd, stated that no issues of competency had ever been raised,

Parties agreed that a Frendak inquiry was not necessary, but stated for the record to Sydnor that, if he wished to pursue such a plea, the option was available to him and he would undergo mental competency evaluations.

Judge Kravitz also scheduled a later date for the defense to formally decide the matter.

Additionally, Winograd entered a motion to dismiss the kidnapping while armed charge, arguing that the detention of the victim, which was around 13 minutes according to Winograd, had not been long enough to count as kidnapping. In the motion, Winograd outlined a court of appeal decision which stated detention under 30 minutes did not amount to a kidnapping.

Judge Kravitz noted that if the kidnapping charge were to be dismissed, one of the felony murder while armed charges would also have to be dismissed as that count is directly connected to kidnapping.

Kravitz believed the motion was premature, and denied it without prejudice, believing the motion would likely be more successful at a later stage.

Parties are slated to reconvene Sept. 12.

Homicide Defendant Extended Global Plea Offer

A homicide defendant was extended a new global plea offer before DC Superior Court Judge Neal Kravitz on Aug. 6.

Mussay Rezene, 32, is charged with first-degree premeditated murder while armed for his alleged involvement in the fatal stabbing in jail of 34-year-old Darrow Johnson at the DC Jail on the 1900 block of D Street, SE, on Aug. 17, 2023.

The prosecution approached Rezene’s defense attorneys, Kevin Robertson and Camille Wagner, with a global plea offer.

The terms of the deal required Rezene to plead guilty to second-degree murder in the present case and felony possession of a firearm for a district court case against him for possession of guns and drugs.

The prosecution outlined a range of sentencing for murder of 15-to-25 years, and reminded Robertson and Wagner of a five year minimum sentence for felony possession.

As it stands, Rezene does not plan to accept the offer. However, Robertson and Wagner believe that decision may change if the prosecution is willing to adjust the sentencing range for the murder charge.

Parties are slated to reconvene Aug. 22.

Judge Rules Police Unlawfully Obtained Shooting Defendants’ GPS Data

DC Superior Court Judge Neal Kravitz ruled that the Metropolitan Police Department (MPD) unlawfully obtained GPS data from a shooting defendant on Aug. 5. That’s evidence the defense wants to suppress.

Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy while armed, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault knowingly while armed, and four counts of possession of a firearm during a crime of violence while armed.

Lubin is also charged with unlawful possession of a firearm with a prior crime of violence, possession of a prohibited weapon, and carrying a pistol without a license outside a home or business. These counts stem from their alleged involvement in a non-fatal shooting that injured two on the 4000 block of Benning Road, SE, on July 24, 2023.

On Jan. 22, Lubin’s defense attorney, Kevin O’Sullivan, submitted a motion to suppress GPS evidence acquired from Lubin’s rental car, being used by the prosecution. According to O’Sullivan, the evidence was acquired without a warrant, and he was concerned that the lead detective had access to more personal data than necessary to aid in his investigation.

However, Young’s defense attorney, Lisbeth Sapirstein, stated that her client would like to keep the data as evidence in the case.

The prosecution argued the GPS data was still admissible. They mentioned that the lead detective received login details from a car dealership giving him full access to all of Lubin’s loaner car GPS data. However, they insisted that the detective had only accessed the dates of July 24 through 28, 2023. These are the time of and four days after the shooting, which the prosecution believed were necessary in the investigation.

The court called the lead detective who confirmed he had received login details to Lubin’s loaner car data, but stated he had only accessed the dates outlined by the prosecution. The detective was unable to confirm to the full extent of the data.

However, the detective recalled being told a timeframe which may have been 30 days.

Judge Kravitz asked the detective if he had ever received training about the circumstances for warrant to receive data, and if he ever considered he might need a warrant to which the detective answered to both that he did not.

While the detective intended to only access up to four days of tracking data, he instead received authorization for up to 30 days. Knowing this, Judge Kravitz believed that the detective clearly obtained more than seven days of data which would require a warrant.

Judge Kravitz ruled that the police had obtained the information unlawfully.

He said the prosecution has yet to provide a convincing argument that the detective believed he was acting lawfully in which the evidence could be used under the good faith exception.

Additionally, Judge Kravitz also stated that they had not provided evidence of another argument in which the independent source exception could be employed.

That allows evidence obtained illegally to be admissible in court if it was also obtained through a separate lawful means.

Sapirstein and O’Sullivan intend to argue there is no probable cause to continue the case on the grounds that the police lacked a proper basis to make their arrests.

O’Sullivan stated that this argument will be outlined in their remaining motions to suppress evidence.

Judge Kravitz scheduled another date for the prosecution to put together a formal argument that the data can still be used.

Parties are slated to reconvene Aug. 7.

Judge Modifies Release Conditions for Shooting Co-Defendants

DC Superior Court Judge Jennifer Di Toro modified release conditions for two shooting co-defendants on Aug 4.

Reco Jackson, 26, and Raquan Felder, 32, are charged with assault with a dangerous weapon for their alleged involvement in a non-fatal shooting that injured two people on Jan. 25 on the 4400 block of 19th Place, NE.

Jackson is additionally charged with unlawful possession of a firearm by a convict, and Felder with carrying a pistol without a license.

Jackson’s defense attorney, Kavya Naini, said that he was currently on home confinement and GPS monitoring but had a curfew to from 6 p. m. to 6 a. m enabling him to work.

According to court documents, Jackson is compliant with his drug testing, GPS charging and monitoring, and location approval. Naini requested that Judge Di Toro modify his release conditions to have his curfew switched to 9 p. m. to 5 a. m. and reduce the constant verification of his daily locations as it was allegedly burdensome.

Judge Di Toro granted Naini’s request.

According to court documents, Felder’s current release conditions were set to a 6 p. m. to 9 a. m. curfew. Felder’s defense attorney, Darryl Daniels, requested that his release conditions be modified to personal recognizance or solely GPS monitoring as he has been compliant with his release conditions for the past five months.

The prosecutor was against Felder being released on personal recognizance and mentioned that he had a specific stay-away order.

Judge Di Toro acknowledged that Felder had been compliant with his conditions but recognized the severity of the crime. She did not grant Daniel’s request for release on personal recognizance but modified his curfew to last from 6 p. m. to 6 a. m.

Parties are set to reconvene on Nov. 7.

Judge Revokes Elderly Stabbing Defendant’s Release For Non-Compliance

DC Superior Court Judge Jennifer Di Toro revoked a stabbing defendant’s release due to non-compliance on Aug. 6, holding him awaiting trial.

Billy Williams, 69, is charged with assault with a dangerous weapon, assault with significant bodily injury, threat to kidnap or injure a person while armed, and aggressive panhandling for his alleged involvement in a stabbing that injured one individual on Dec. 7, 2023. The incident occurred at the intersection of Rock Creek Parkway and Virginia Avenue, NW.

Judge Di Toro said Williams continued to violate court orders and pointed to numerous curfew infractions and failures to appear for drug testing and for meetings with his case manager. She said there are no conditions she could set to ensure the safety of the community.

“What’s not working is Mr. Williams’ ability to be in the community,” Judge Di Toro said.

A Pretrial Services Agency (PSA) representative added that all of the drug testing Williams has done have come back positive for cocaine, the most recent one on July 17. The PSA representative said Williams told his case manager that he isn’t interested in getting treatment.

“I am not going to stop using,” Williams told the court at a previous hearing.

Williams’ defense attorney, Henry Escoto, instead requested the court remove GPS monitoring and discuss alternative options, like bed-to-bed treatment. He acknowledged that the current release conditions did not work.

Judge Di Toro denied Escoto’s request and marshals detained Williams.

Parties are slated to begin trial on Dec. 1.

Non-Fatal Stabbing Defendant Considers Plea Deal

A stabbing defendant told DC Superior Court Judge Andrea Hertzfeld that he needs more time to consider a plea offer during a hearing on Aug. 7.

Rayton Carry, 62, is charged with aggravated assault while armed and assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on the 900 block of Alabama Avenue, SE on Oct. 12, 2022.

The prosecution extended a plea offer of one count of assault with significant bodily injury in exchange for limiting their sentencing request to 24 months and not pursuing greater charges.

Parties are set to reconvene on Aug. 21, when the offer expires.

Prosecutor Abruptly Dismisses Homicide Case After Objecting to Defense’s Dismissal Request

DC Superior Court Judge Danya Dayson accepted a prosecutor’s motion to dismiss a homicide case on July 31, weeks after prosecution objected to the defense counsel’s dismissal request.

Keith Williams, 25, was charged with first-degree murder premeditated while armed and possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of 17-year-old Brendan Ofori on May 28, 2023. The incident occurred at the Waterfront Metro Station on the 300 block of M Street, SW.

On July 31, theprosecution filed a motion to dismiss without prejudice, just weeks after objecting to defense’s motion to dismiss the case.

At Williams’ last hearing on June 22, DC Superior Court Judge Jason Park denied Williams’ release and case dismissal after his defense attorneys, Sylvia Smith and Erica Arensman, argued that Williams should be released because prosecution failed to disclose evidence that could prove Williams’ innocence.

Under the Brady rule, a violation occurs when the prosecution fails to disclose exculpatory evidence or information to the defense, violating their right to due process.

Smith claimed the prosecution misrepresented an eyewitness’ credibility by not disclosing the person’s criminal, mental health, and substance abuse history.

On June 22, the prosecution disputed any misrepresentation and emphasized the seriousness of the crime. They also opposed Williams’ release.

No further dates are set.

U.S. Attorney Brands Jewish Museum Murders as Hate Crimes, Weighs Death Penalty

Flanked by federal and DC law enforcement officials, US Attorney Jeanine Ferris Pirro laid out a nine-count indictment against Elias Rodriguez, 31, accused in the murder of two Israeli embassy staffers and the wounding of two other victims.

Pirro branded the shootings a hate crime targeting Israeli citizens and by implication people of the Jewish faith.

“He [Rodriguez] demonstrated this hatred, through his words, death to Israel and his violent actions,” said Pirro of a manifesto the suspect reportedly posted on social media.

Pirro said the case is being referred to US Attorney General Pam Bondi for consideration of the death penalty.

All the victims were gunned down at a diplomatic reception on May 21 at the Capital Jewish Museum on the 500 block of 3rd Street, NW. Rodriguez reportedly purchased a ticket for the event.

At an Aug. 7 news conference, Pirro said that Rodriguez traveled to DC from Chicago bringing a 9mm automatic in his baggage along with the manifesto on his iPhone, labeled as an “explication” calling for the “morality of armed demonstration.”

On the night of the crime, Pirro said Rodriguez approached the victims after they left the museum and fired approximately 20 shots. After the victims fell, according to Pirro, Rodriguez allegedly continued firing at close range, including as one victim tried to walk away.

“Then firing these fatal shots, he yelled, ‘Free Palestine.’ said Pirro. In the aftermath, 30-year-old Yaron Lischinsky and 26-year-old Sarah Milgrim, both Israeli embassy workers, lay dead. Both of the surviving victims are Americans.

After the fusillade of gunfire, Piro said that Rodriquez entered the museum, displaying a red headdress saying, “I did it for Palestine. I did it for Gaza,” an apparent reference to the killings of a large number of Palestinians in the Gaza war in what Rodriguez charged was genocide.

The indictment returned by a DC Grand Jury accuses Rodriguez of one count of murder of a foreign official and two counts of a hate crime resulting in death. In addition the suspect is charged with discharging a firearm during a crime of violence and causing the death of a person through the use of a firearm.

Along with those federal crimes, Rodriguez also faces two counts of premeditated murder while armed and two counts of assault with intent to kill while armed.

Pirro noted that the murder of Milgram was “ in an especially heinous and cruel and depraved manner given her infirmity.” Pirro also said Milgrim and Lischinsky planned to be married, something they and their families “will never be able to celebrate.”

All in all, Rodriguez could face the death penalty if convicted.

“This is a weighty decision, it takes time, there will be a rigorous process after which the capital case section in the Attorney General’s Office will advise the Attorney General and the Attorney General, herself, will make a decision,” said Pirro.

In the aftermath, FBI Special Agent in Charge Reid Davis said efforts were being made to assist the victims and their families.

The indictment comes at a fraught moment for the American Jewish community as a new FBI report cites an all-time high of ant-semitic attacks in 2024.

“We’re going to prosecute these cases to the full force of the law. It’s a problem we’re not going to tolerate,” said Piirro.

No further proceedings were announced in this case.

Victim’s Mother Who Is Defendant’s Sister Testifies In Murder Trial

The trial continued for a suspect in a fatal shooting who who isn’t accused of pulling the trigger. A defense witness, who is the victim’s mother who is also the defendant’s sister, testified and parties gave closing arguments before DC Superior Court Judge Rainey Brandt on Aug. 7.

Franklin Dorn, 45, is charged the second-degree murder of his nephew while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of Antonio Brown, 28, on Aug. 6, 2023 on the 1200 block of North Capitol Street, NW.

During the last day of the trial, Dorn’s attorney, Kevin Irving, called Brown’s mother, who at the same time, is Dorn’s sister, who testified about the relationship between Brown and Dorn. The witness described their relationship as “very close” and said Dorn treated Brown “like a son.”

The witness, who represents both the defendant’s and the victim’s family, also stated that Brown, “Liked his uncle a lot…valued their relationship [and] would take advice from him.” Irving, asked about Dorn’s behavior at Brown’s funeral and the witness said Dorn was “very emotional.”

Irving asked Brown’s mother if she had seen the video of the incident and if she knew the other individual who fired the shot that killed her son. She said she had not seen the video and did not personally know the shooter. Brown’s mother stated she only knew what people said about the individual, that he is a “violent indictable” person, and knew many people who were “fearful of him.”

However, the prosecution argued during closing statements that even though Dorn’s own gun or bullet didn’t kill Brown, his “actions did.” Prosecutors claimed Dorn had many opportunities to leave the situation before it escalated.

The prosecution also stated that Dorn’s intention was to shoot someone that day. They added that if Dorn’s gun didn’t malfunction, it would have killed someone. Prosecutors also stated that Dorn was the aggressor in the incident and that Brown was the peacekeeper.

The prosecutors presented surveillance video of the day of the incident that showed a person identified as Dorn and the the fatal shooter in an argument before Dorn pointed his gun at the other shooter and it malfunctioned. The shooter then ducked before engaging in a physical fight with Dorn. In the video, Dorn allegedly hit the shooter who fired a shot that hit Brown.

During Irving’s closing he claimed the prosecutors didn’t show the full video. Irving proceeded to show a clip of the fatal shooter lifting his shirt to show his gun to Dorn in what Irving described as a threatening manner.

Irving argued that Dorn acted in self-defense because the other shooter was the aggressor. Irving also noted that the other shooter’s bullet was the one that killed Brown.

The lawyer also claimed many of the witnesses the prosecution called were not reliable and prosecutors did not have sufficient evidence against Dorn.

The prosecution rebutted that it was not self-defense and that nobody was afraid of the other shooter otherwise they would have left the scene.

Prosecutors also claimed that Dorn ran away after Brown was shot and questioned why Dorn left if Brown was like a son to him. Prosecutors asserted “Antonio Brown was trying to keep the peace” in the situation between Dorn and the other shooter.

Parties will reconvene when the jury reaches a verdict.

Carjacking Defendant Waives Preliminary Hearing, Jailed

An carjacking defendant waived his right to a preliminary hearing on Aug. 7 before DC Superior Court Judge Eric Glover.

Jarrell Gayden, 32, is charged with unarmed carjacking for his alleged involvement in an incident that took place on the 800 block of 7th Street, NW on April 25.

Following Gayden’s waiver of his preliminary hearing, the prosecution requested Gayden remain held in this case. Gayden’s defense attorney, Sara Kopecki, did not oppose this request.

Judge Glover accepted Gayden’s waiver and continued detention.

Kopecki, also put on the record that a plea deal is expected at the next hearing but did not discuss details of the deal in court.

Parties are slated to reconvene Sept. 18.

Fatal Stabbing Defendant Refuses to Appear in Court

A homicide defendant refused to come to court for her scheduled preliminary hearing before DC Superior Court Judge Neal Kravitz on Aug. 7.

Tiffany Taylor-Gray, 23, is charged with first-degree murder while for her alleged involvement in the fatal stabbing of 53-year-old Fasil Teklemariam on the 1300 block of Peabody Street, NW, on April 5, 2024.

Tommy Whack, 35, and Audrey Miller, 20, have also been charged for their alleged involvement in the crime. Whack is charged with first-degree murder premeditated while armed and robbery. Miller is charged with first-degree murder while armed.

Before the hearing, the US Marshals informed the court that Taylor-Gray was transported to the courthouse, but was sent back to the DC Jail based on her own request. Without Taylor-Gray present, Judge Kravitz delayed her preliminary hearing.

Parties are set to reconvene on Sept. 11.

Defense Argues for Stabbing Defendant’s Release

A defense attorney argued for a stabbing suspect’s release before DC Superior Court Judge Michael Ryan on Aug. 1.

Troy Scott, 34, is charged with assault with intent to commit murder while armed, aggravated assault knowingly with a grave risk while armed, three counts of assault with a dangerous weapon, and carrying a dangerous weapon. The charges stem from Scott’s alleged involvement in a non-fatal stabbing that occurred on Aug. 5, 2024, on the 1600 block of 29th Street, SE.

Scott’s defense attorney, Rachel Cicurel, argued for his release. She noted that the summer heat and the lack of air conditioning in the DC Jail caused Scott to have two seizures. Cicurel also mentioned Scott’s relocation to a more violent unit was harming his mental health.

Cicurel wanted Scott placed in 24-hour home confinement. Alternatively, she recommended bed-to-bed treatment for mental health with drug testing.

The prosecution argued for Scott’s detention, citing that the defendant repeatedly entered and exited the apartment where the victim was severely injured during the alleged altercation. The prosecution said Scott exited the scene calmly, returned to the apartment allegedly with an axe, and left again with blood covering the blade.

In response, Cicurel argued that the victim attacked first and was known to be violent towards women. The defense also noted that it was not clear how the blood got on the axe. Cicurel also noted that Scott contacted the authorities and got medical assistance for the victim.

Judge Ryan maintained Scott’s detention. He noted that the conditions of the hold did not allow him to consider the defendant’s health issues.

Parties agreed to a medical alert. Judge Ryan stated that he would recommend Scott be transferred to the DC’s Jail’s lower security Central Treatment Facility (CTF).

Parties are slated to reconvene Aug. 29.

Homicide Trial Delayed For New Information

DC Superior Court Judge Rainey Brandt granted a shooting defendant’s request for a continuance in order to investigate new information in a hearing on Aug. 6.

George Sutton, 45, is charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in the fatal shooting of John Coleman, 34, on May 1, 2023, on the 2000 block of M Street, NE.

During the hearing, Judge Brandt granted defense attorney Steven Kiersh’s request for continuance after recently receiving information about attacks and injuries inflicted on Coleman prior to the shooting.

On Aug 4, the prosecution disclosed that Coleman was a victim in a shooting in 2016 and in an assault in 2019.

Moreover, they disclosed that early in 2023, Coleman was a victim of an incident where he was robbed in a stairway in the same neighborhood where he was murdered.

However, this incident was never officially reported. In addition, the prosecution disclosed that Coleman told his sister that he would be killed.

Given this new information, Kierch requested a postponement of the trial, scheduled to begin Aug. 11, in order to investigate the incidents as it could aid Sutton in his defense.

Judge Brandt ruled that this new information is highly probative to the incident and relevant as it happened in the same neighborhood of the murder and was only months before his death.

Therefore, Judge Brandt granted a continuance for Kiersh to investigate the new information. Parties set a new trial date for Dec. 1.

Parties are slated to reconvene on Oct. 10.

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