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Document: MPD Officer Involved Shooting: 400 Block of Oakwood Street, Southeast

The Force Investigation Team of the Metropolitan Police Department’s (MPD) Internal Affairs Bureau are investigating a MPD officer involved shooting that occurred on Feb. 26 on the 400 block of Oakwood Street, SE.

According to MPD documents, uniformed MPD officers responded to a call for a shooting at the location, where they located the suspect, armed with a firearm, lying in the middle of the street. The suspect pointed his firearm at the officers. Officers voiced numerous commands for the suspect to drop the firearm and the suspect did not comply. Two MPD officers discharged their service weapons, striking the suspect. The suspect also discharged his weapon at the officers. He was transported to a local hospital for treatment of non-life-threatening injuries. The officers on scene did not sustain any injuries.

MPD’s investigation revealed that the suspect was involved in a verbal altercation with a victim at the location prior to officers arriving. The suspect brandished a firearm and shot the victim. The victim was transported to a hospital and treated for non-life-threatening injuries.

The suspect’s gun was recovered at the scene.

On Feb. 26, officers arrested and charged 44-year-old Lamiko Wheeler with assault with a dangerous weapon (gun), assault on a police officer while armed, possession of an unregistered firearm, possession of unregistered ammunition, unlawful discharge of a firearm, and possession of a large capacity ammunition feeding device.

Prosecution to Work Towards Indicting Murder Defendant

A DC Superior Court judge continued a murder case at the prosecution’s request so they can have more time to work towards an indictment.

Judge Maribeth Raffinan granted the request made by the prosecutor in the case against Tywan Morris. Morris, 26, is charged with second-degree murder while armed in the fatal stabbing of 27-year-old Danielle Stuckey on Oct. 17, 2021, on the 2800 block of Alabama Avenue, SE. The defendant was arrested that same day and held in jail until a judge agreed to release him into the High Intensity Supervision Program in November.

Morris has been in compliance with his release conditions. He is scheduled to return to court on June 6.

Defendant Expected to Serve 6.25 Years After Pleading Guilty to Manslaughter

More than two years after Jamal Bandy was fatally shot in Congress Heights, the defendant charged in his death took a plea deal that includes an agreement between parties to recommend a six-and-a-quarter-year prison sentence.

On the evening of July 21, 2019, Metropolitan Police Department officers found Brandy on the 1300 block of Congress Street, SE, suffering from gunshot wounds to his chest, abdomen, wrist and shoulder. He had broken bones and road rash as well, according to court documents. Brandy was pronounced dead later that night. He was 27-years-old.

Five months later, 31-year-old Romiel Hightower was arrested and charged with first-degree murder while armed. During a Feb. 24 hearing, defense attorney Jason Tulley informed DC Superior Court Judge Milton Lee that after reviewing the prosecution’s offer for some time, his client has chosen to accept it.

Hightower pleaded down to a charge of voluntary manslaughter while armed. The other charge in the indictment of possessing a firearm during a crime of violence was dismissed.

Judge Lee scheduled Hightower to be sentenced on May 20.

Murder Defendant to Consider Plea Deal

A homicide defendant has been offered a plea deal and will begin to discuss it with his attorneys.

Gregory Washington is charged with first-degree murder while armed, possession of a firearm during a crime of violence and first-degree burglary while armed. The 32-year-old defendant is accused of killing 32-year-old Maryland man Alie Labay on Oct. 24, 2019, on the 900 block of 21st Street, NE.  

The prosecution said that they extended a plea offer that will expire by his next hearing by March 3. The defense is expected to inform the court of their decision during the next scheduled hearing for this case on March 7.

Document: Second Arrest Made in 2021 Homicide

A second suspect in the fatal shooting of 32-year-old Tyrone Wright has been arrested.

At approximately 6:43 p.m. on Jan. 19, 2021, officers responded to the 3800 block of Hayes Street, NE for the sounds of gunshots, according to a press release. There, they found two men suffering from gunshot wounds. Wright was pronounced dead on the scene. The other victim was taken to the hospital for treatment of his non-life-threatening injuries.

On Feb. 24, police arrested 24-year-old Alexandria resident Ronnie Wallace. This comes nearly a year after 29-year-old Deangelo Glover was arrested in connection with the homicide. Both face charges of first-degree murder while armed.

Murder Case Faces Possible Dismissal After Defense Says They Never Received Important Evidence

A DC Superior Court judge told prosecutors to show him why he should not dismiss a 2019 murder case following their alleged failure to disclose evidence even as the trial approached.

Elhadji Ndiaye, 23, is accused of fatally shooting 21-year-old Travis Ruth in the Buena Vista neighborhood of Southeast, DC in 2019.

The defense alleges that, over the last three years, the prosecutor failed to turn over evidence including a recording of a key witness as well as one of Ndiaye that may show he was not at the scene of the shooting when it occurred. The defense has motioned to dismiss the case, arguing the failure to turn over this evidence constitutes a Brady violation, referring to a prosecutor’s obligation to turn exculpatory evidence over to the defense.

During a Feb. 16 hearing, the lead detective took to the witness stand and explained that the email he sent the prosecution years ago containing these recordings has since disappeared.  He was adamant the emails were sent out. 

The defense says they never received them and now feel unprepared for trial, according to a dismissal motion by defense attorney Nikki Lotze. Parties had planned to go to trial this month, but the trial was canceled in light of the issues raised by the defense.

Parties discussed the defense motion over the course of several hearings, with the final one taking place on Feb. 22.

Judge Milton Lee asked the prosecution a series of follow-up questions based on the detective’s testimony, which the prosecution was unable to answer. He asked them for a written report regarding the information and any underlying data such as police reports to be delivered to the defense once they had it.  

Towards the conclusion of the proceedings, Judge Lee said he found it troubling how little the evidence was acted upon. He said he could no longer hold Ndiaye at DC Jail.

 “If you see a witness on the Metrobus on your way to pretrial services, you better take a different bus,” Judge Lee told the defendant, ordering him to refrain from any contact with witnesses.

He went on to say the detective had tunnel vision in this case, going as far as to say he made calls that were not meant for a detective to make.  

Judge Lee concluded by saying that the “system has failed miserably in this case.” He gave the prosecutors about a month to show him why he should not dismiss this case outright. The next hearing is set for March 28.

Defense Counsel Receives More Time to Review Evidence in Murder Case

A murder defendant’s defense lawyer requested more time to review the evidence he received from the prosecution.

Amard Jefferson is charged with second-degree murder while armed in the fatal shooting of 20-year-old Kendall Brown on Aug. 7, 2021, on the 3000 block of Nelson Place, SE. 

Defense attorney Jon Norris is new to the case and has not been able to meet his client to go over the evidence they received.

Jefferson, 23, will remain in custody as he awaits his next scheduled hearing on March 23.

2019 Murder Case to Go to Trial in 2023

A first-degree murder defendant is scheduled to go to trial next year.

Shortly after midnight on May 28, 2019, Metropolitan Police Department officers responded to the 2600 block of Birney Place, SE, for the sound of gunshots. William Boykin was found on a sidewalk suffering from three gunshot wounds. The 33-year-old died from his injuries at a local hospital. A second victim survived a gunshot wound to his left foot, according to court documents. 

Herman Williams was arrested for his alleged role in the homicide the following month. He has been held at DC Jail ever since. The 30-year-old defendant is indicted on charges of first-degree murder while armed, possessing a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction and assault with intent to kill while armed.

During his most recent hearing on Feb. 23, parties agreed to schedule the trial to take place in June 2023.

Parties are set to reconvene for a status hearing on April 7.

Man Sentenced for Accessory to Murder

A DC Superior Court judge sentenced Elton Wiggins for accessory to murder two years after 34-year-old Eugene Isaac, Jr. was shot dead in a residential part of Truxton Circle.

Three defendants- 55-year-old Wiggins, 36-year-old Devon Stephens and 38-year-old Lejeevan Toudle were initially charged with first-degree murder while armed in connection with Isaac’s death. A judge dismissed the case against Toudle after ruling it did not have enough evidence to go to trial. Stephens’ case remains open. Wiggins pleaded down to accessory after the fact to second-degree murder while armed and was sentenced to seven years in prison on Feb. 24.

“Why is there no mention it was done right outside of a school in broad daylight,” one of Isaac’s family members said during the proceedings. Wiggins and others were attempting to rob Isaac while he was sitting in his car on the 100 block of N Street, NW, on Feb. 15, 2020.

Issac’s mother, who was heavily involved in the case, recently passed away but family relayed that she would have been present for the sentencing. Multiple members of Isaac’s family advocated for a longer sentence. They voiced concerns over Wiggins’ capacity for rehabilitation.

“His life meant more- and means more than eight years,” Issac’s cousin said.

Parties agreed to recommend a prison sentence in the five to eight-year range for the accessory charge. Wiggins’ plea deal also addressed a District Court case, in which he agreed to plead guilty to using, carrying, possessing and brandishing a firearm. Parties agreed to recommend a seven-year sentence for that charge, to be served consecutively to the accessory charge.

Defense attorney Elizabeth Weller said her client has shown remorse for his actions and specifically wants to be incarcerated at least 100 miles away from Washington, DC.

“He has stepped up and tried to make right what he did, which is limited, but he still did,” Weller said.

Wiggins has spent the majority of his life incarcerated, with his first offense taking place when he was a young adult in 1985. He has served time for theft and multiple armed robberies. The defendant was on probation for robbery at the time of the homicide.

“He has been given many opportunities to address some of the behavior that has been conducted in his criminal history,” the prosecutor said, asking Judge Marisa Demeo to impose an eight-year sentence.

Wiggins took the opportunity to speak during his sentencing. He said he was not proud of what he has done in life, but did not go into the robbery with the expectation that someone would die.

“I can only imagine what the family thinks,” he said. “I’m guilty for what I’ve done. Guilty.”

Judge Demeo said the sentence was one that was difficult to come to, especially with the number of factors at play. Accessory to murder is not a gun offense, according to DC code, so that played a part in the sentence.

“While there’s no way to emotionally explain that to family members, the court has to look at the facts as they are being presented,” Judge Demeo said. “They probably feel like I cannot truly understand.”

Parties Prepare to Re-Try Murder Case Following Consequential Appeal

In August 2020, the reversal of a murder conviction rippled through the DC Superior Court, touching enough cases that the defendant’s last name became like jargon. Now, parties are preparing to take the case to trial again.

The defendant is Eugene Burns. Nearly five years ago, a jury convicted him of first-degree murder while armed among other offenses for his alleged role in the fatal shooting of Onyekachi Osuchukwu III on Nov. 14, 2015, in an apartment on the 2900 block of Second Street, SE. The homicide was believed to be the result of a drug-related dispute.

Burns was scheduled to be arraigned on charges of first-degree murder while armed, possessing a firearm during a crime of violence and carrying a pistol without a license on Feb. 22. However, he was unable to be present that day and the arraignment was vacated.

DC Superior Court Judge Marisa Demeo requested that the defendant be present either in person or remotely in the months leading up to his new trial. 

During Burns’ first trial, the prosecution showed the jury cell phone data indicating that the defendant allegedly googled questions such as “how to kill your best friend” and “does God forgive murderers.” A pretrial motion to suppress this evidence was denied.

While this evidence may have paved the way for Burns’ first conviction, it also paved the way for his successful appeal.

“Police sought search warrants that authorized an unlimited review of the contents of his cell phones for ‘any evidence’ of murder even though the warrants were supported by affidavits that established probable cause for only three narrow and discrete items of data,” wrote Judge Neal Kravitz in the opinion. “The warrants were thus overbroad and lacking in probable cause and particularity, and the warrant judge should not have issued them.”

Since then, motions regarding cell phone data in other murder cases have occasionally been colloquially referred to as Burns motions in DC Superior Court hearings.

Still, this was not the only issue that led to the convictions being reversed. The Chief Medical Examiner’s testimony at trial relayed the findings of the Deputy Medical Examiner, who performed Osuchukwu’s autopsy. “Because those findings, set forth in the autopsy report and other materials maintained in the autopsy file, were made in the context of an ongoing police investigation of a homicide, the findings were “testimonial” and their communication to the jury through the Chief Medical Examiner’s testimony violated the Confrontation Clause,” the opinion states.

Burns is expected to go to trial in December. He is scheduled for a status hearing on April 4.

Second Suspect Arrested After 33-year-old is Beaten to Death

Two weeks after a judge ruled that the case against a man accused of murdering his cousin, 33-year-old Andre Robertson, has enough evidence to go to trial, the Metropolitan Police Department announced another arrest has been made in connection with Robertson’s death.

Officers found Andre Robertson unconscious near a street corner in Clay Terrace after they were alerted to a suspected assault close to midnight on Oct. 1, 2021, according to police. The victim succumbed to his injuries on Oct. 2 and his case of death was deemed to be blunt force trauma. His autopsy found multiple injuries including a subdural hemorrhage.

Video footage captured moments from the deadly encounter near the corner of Clay Terrace, NE, and 53rd Street, NE. Court documents describe the course of events as “fast moving,” and the detective stated he did his best to describe them as accurately as possible in the affidavit for Darius Robertson, Andre Roberson’s cousin and the first person arrested in connection with the homicide.

According to court documents, Andre Robertson “walks strongly” towards 28-year-old Darius Robertson from behind. 

“When the decedent is close to Robertson, Robertson turns and punches the decedent,” the affidavit states. “The decedent either right before or in response appears to raise his left elbow (and/or possibly hit Darius Robertson). A physical fight between Robertson and the decedent follows during which they fell to the ground.” 

Three other individuals respond to the altercation. One pulls Andre Robertson away from Darius Robertson. Another drags Darius Robertson away. 

After one of the individuals appears to pull out a gun, a man identified as Antonio Hensley allegedly attacks Andre Robertson. Hensley, 29, was arrested in connection with Andre Robertson’s death on Feb. 23.

Hensley’s arrest comes a little more than two months after Darius Robertson’s. Both suspects face a second-degree murder charge.

During Darius Robertson’s preliminary hearing on Feb. 18, defense attorney Michael Madden argued that his client was provoked during his interactions with the victim and other witnesses, D.C. Witness previously reported. He pointed to a part of the video that shows him being pushed up against a fence while trying to leave. Instead of fighting back, the defendant apparently attempts to get away from the group at one point. 

Darius Robertson’s next hearing is scheduled for June 3. Hensley has not yet been arraigned.

Domestic Violence Defendant Enters into Alford Plea

A domestic violence defendant accepted a plea deal without admitting to a criminal act, in what is known as an Alford plea.

William Johnson III, 38, got into an argument with his relative last December that ended with Johnson stabbing him twice in the chest and once in the arm, according to the prosecution. The defense counsel noted that Johnson was highly intoxicated at the time of the incident, causing him to blackout and to forget certain details of the incident. 

An Alford plea allows Johnson to submit that the prosecutor has enough evidence to convict him without outright admitting that he committed the crime. 

The defendant was initially charged with assault with intent to kill while armed. During the Feb. 23 hearing, he pleaded down to assault with intent to kill, which carries a maximum sentence of 15 years in prison.

Defense attorney Wole Falodun asked DC Superior Court Judge Rainey Brandt to release Johnson into the High Intensity Supervision Program as he waits to be sentenced.  He said his client could stay with another family member, away from the location of the incident. The prosecutor objected to this request.  

Judge Brandt denied the request,  saying no supervision could stop him from consuming alcohol.  She also cited his past arrests, three of which involved probation violations. Judge Brandt said she is not comfortable with him staying with a different family member when the incident itself involved a family member. 

Johnson is scheduled to be sentenced on May 13.

One of US Marshals’ 15 Most Wanted Arrested in Gender Reveal Party Homicide

After spending nearly a year wanted for murder, Nyjell Outler was apprehended in Florida.

Outler, 19, allegedly shot two men at a gender reveal party on March 20, 2021, on the unit block of Madison Street, NE. One of the men, 21-year-old Demetris Johnson, succumbed to his injuries. The Metropolitan Police Department (MPD) identified Outler as their suspect less than a week later. At the time of the shooting, he was on pre-trial release for a gun charge, according to the U.S. Marshals Service (USMS).

“I am grateful for the collaborative investigative efforts between MPD members and our federal partners at the USMS that led to the apprehension of Outler, holding him accountable for his reckless actions,” said MPD Chief Robert J. Contee III. “Thank you to our community, near and far, that led us to his whereabouts and ultimately aided in bringing long sought-after justice to the victims’ families.”

Members of the US Marshals Florida Caribbean Regional Fugitive Task Force apprehended Outler in South Bay, Fl. on Feb. 23, according to an MPD press release. He is currently going through the extradition process and is expected to be charged with second-degree murder while armed.

“I know we were all very gratified to hear of Nyjell Outler’s arrest in Florida today,” said U.S. Marshal for the Superior Court of the District of Columbia Robert Anthony Dixon.  “I commend the members of the Marshals fugitive task forces and our partners who have worked so diligently to find him so he can finally face justice.”

Document: Fatal Shooting in Southeast, DC

Metropolitan Police Department detectives are investigating the fatal shooting of a 22-year-old man.

According to a press release, at approximately 11:13 a.m. on Feb. 22, officers responded to the 2700 block of Bruce Place, SE, for the report of a shooting. There, they found Marcquael Chambers suffering from apparent gunshot wounds. He was pronounced dead at a local hospital.

Document: Victim Identified in Shooting

The Metropolitan Police Department has identified a victim in relation to a shooting that took place on Feb. 22.

At approximately 3:39 p.m. officers arrived at the 1500 block of North Capitol Street, NE, due to a report of a shooting. Upon arrival, officers located 34-year-old Miana Luckett with a gunshot wound. She later succumbed to her injuries, according to the press release.