Prosecution to Work on Turning Over Evidence Ahead of Preliminary Hearing

The defense counsel in a murder case requested a preliminary hearing as they seek to receive more evidence from the prosecution.

On Nov. 14, 2021, police found two men on the 2000 block of Bruce Place, SE, suffering from gunshot wounds. One of them, 52-year-old David Williams, succumbed to his injuries. David Jenkins, 33, is charged with first-degree murder while armed in Williams’ death.

During the most recent hearing for this case on Feb. 22, the defense counsel requested surveillance footage from the time of the shooting. The prosecution said they should be able to hand over the rest of the video footage by Feb. 27.

At the defense’s request, DC Superior Court Judge Rainey Brandt scheduled a preliminary hearing for April 27. The hearing will determine if the case has enough evidence to go to trial.

Judge Finds Probable Cause in Case of 76-Year-Old’s Homicide

A DC Superior Court judge ruled that the evidence against a defendant accused of killing a 76-year-old man is enough to bring his case to trial.

On Sept. 28, 2021, 57-year-old Clifton Browne was called to work on a house on the 1300 block of Kalmia Road, NW. The victim, Luther Brooks, was living in the basement but the landlord reportedly wanted to kick him out and convert the basement into an Airbnb.

As the landlord showed Browne around, she knocked on the basement door and an argument with Brooks ensued, according to court documents. Browne allegedly kicked down the door, prompting Brooks to strike him with a stick. Browne allegedly fought back and “pummeled” him, dragging Brooks out the back door.

Brooks died three days later. The cause of death was ruled to be blunt force trauma.

During the Feb. 16 preliminary hearing, the prosecution called the lead detective on the case to the witness stand and played an audio recording of a conversation between the detective and the defendant.

In the recording, Browne could be heard saying, “I blacked out, I went berserk,” describing his actions as self-defense. Although he is younger, Browne is shorter and lighter than Brooks.

The prosecution argued that Browne fought back against Brooks with excessive force.

After making a finding of probable cause for the charge of second-degree murder, Judge Marisa Demeo denied the defense’s request to release Browne into the High Intensity Supervision Program, citing his prior assault convictions.

The next hearing is scheduled for April 21.

Prosecutor Must Turn Over Video Evidence Ahead of April Murder Trial

A DC Superior Court judge set a deadline for a prosecutor to turn over video evidence in a murder case set to go to trial this spring.

Diquan Lucas, 25, is accused of fatally shooting Brian Butler, 33, on the night of Nov. 21, 2019, after an altercation on the 2300 block of Ainger Place, SE.

DNA evidence was collected from the crime scene, according to court documents. During the most recent hearing for this case on Feb. 22, the defense waived their right to conduct independent DNA testing.

As parties prepare to take this case to trial in April, defense attorney Roderick Thompson said he needs the video of three witness statements collected shortly after the shooting. These witnesses were minors when the homicide happened.

The prosecutor opposed this request, arguing the transcripts should have been more than satisfactory for the defense. She said the witnesses were uncomfortable with their identities being released to the defendant and maintained that it would put them at risk.

Thompson pointed to parts of the transcript that suggested the witnesses were using hand gestures and pantomiming when giving their statements, arguing it was vital for them to see this so they could form a full defense.

Judge Milton Lee decided the prosecutor should turn over the video evidence, but issued a protective order so only Thompson and his client could see it. He also agreed to withhold the names of the witnesses.

The next hearing is scheduled for March 9.

Court Documents Detail Investigation into DC’s Most Recent Mass Shooting

The suspected perpetrator of a mass shooting in January was recently arrested. Here is what you need to know.

Gerald Thomas, 18, is charged with second-degree murder while armed in the death of 20-year-old Dasha Cleary. The shooting took place during the early hours of Jan. 27 and left four people injured and one dead, according to the Metropolitan Police Department (MPD). Three women, including Clearly, and two men were shot.

Cleary died from her injuries at a local hospital the day after the shooting. A judge signed Thomas’ arrest warrant on Feb. 11 and Thomas was arrested eight days later.

Five women and six men attended a party at the Days Inn hotel on the 4400 block of Connecticut Avenue, NW, according to court documents. It was described by attendees as a “lingerie party” in a single room. The organizer of the gathering, who is one of the surviving victims, was dating Thomas at the time. She planned the event as a surprise birthday party for one of the witnesses. The defendant was not initially present at the party.

Crime scene technicians recovered 9mm and 40 caliber expended cartridge casings and observed multiple bullet holes in the walls of the hotel room. The locations of the casings indicated 9mm rounds had been fired towards the door from inside the room and in the opposite direction of where Cleary was located. A detective concluded that the perpetrator opened fire from the door and a second individual in the room with a gun returned fire in self-defense.

Investigators located a 9mm handgun in the flight path of the male victims. It contained a 30-round magazine with seven rounds of 9mm ammunition, not including the round in the chamber. The two men could be seen on surveillance footage helping each other down the stairwell and of out the hotel. Surveillance footage from a local hospital shows the two being dropped off by a white SUV, according to court documents.

An MPD detective interviewed both men. They were uncooperative about their whereabouts until detectives confronted them with the evidence they had.

The detective told one of the two male victims that Washington, DC has a self-defense law and that whoever fired at the perpetrator may have saved lives. Still, neither of the men confessed to returning fire, according to court documents.

On Jan. 28, two additional witnesses were detained in an unrelated search warrant by the U.S. Marshals Service.

The two witnesses told detectives they were smoking outside the Days Inn on the night of the shooting while the party was still going on. Reportedly, a Black man wearing a full army fatigue mask and all-black clothing approached them with an anxious demeanor. One of the witnesses said he thought the man was on drugs based on his general mannerisms. The man reportedly asked multiple times to get into the building, which requires a key card, and use the elevator.

The two witnesses let the man into the building, which is when one of them said they saw an extended magazine and the hint of a handgun sticking out of his coat pocket. They allowed him access to the elevator before getting off on the second floor. According to court documents, the witness reported hearing the sound of gunshots approximately 30 minutes after letting the man into the elevator.

The party’s organizer reportedly told a friend she was worried because her boyfriend, Thomas, was on his way to the hotel. Her friend told her not to worry because Thomas did not know the room number, according to court documents.

Minutes later, Thomas reportedly knocked on the door and asked about his girlfriend’s whereabouts. A friend told Thomas nobody knew her at all. Thomas then allegedly fired at least 20 rounds.

Detectives interviewed the girlfriend after she came out of surgery. She reported a number of things that were inconsistent with the MPD’s investigation. She first said she did not want to talk to the police and did not know who shot her. She later said her boyfriend came to the hotel to get her because other men were in the hotel room and Gerald believed she was cheating on him with one of them. She also said someone who was not her boyfriend shot her because she slammed the door in the defendant’s face and that the defendant may have shot back.

The woman identified her boyfriend as “Gerald” but refused to provide a last name. “It did not appear that [the girlfriend] was being fully truthful,” the affidavit states.

During a second interview, the girlfriend provided a positive ID of Thomas on surveillance footage as well as his last name. She said she did not see anybody shoot back and that the decedent was the first to be shot. It’s still unclear whether the decedent was the target of the shooting or if the suspect had a target at all.

On Feb. 19, Thomas was arraigned before DC Superior Court Judge Laura Cordero, who ordered him detained at DC Jail. He is being represented by public defender Jacqueline Cadman and is scheduled to return to court on March 3.

Judge Finds Substantial Probability After Parties Scrutinize Footage of Deadly Encounter

A DC Superior Court judge found substantial probability in the case of a fatal shooting last October.

Javon Duckwilder is charged with first-degree murder while armed in the shooting of 23-year old Juwan Smith on Oct. 23, 2021, at a BP gas station on the 2800 block of Alabama Avenue, SE.

The 24-year-old defendant was offered a plea deal for second-degree murder, but this was rejected.

During the Feb. 15 preliminary hearing, the prosecution questioned the lead detective on the case about evidence obtained during the investigation into Smith’s death, including video footage showing what happened at the gas station that night.

The footage shows Duckwilder walking from Naylor Road, SE, while Smith was pumping gas. After Duckwilder leaves the gas station, he and Smith begin conversing. The conversation quickly escalates into an argument that continues towards a bus stop. Smith turns his back to Duckwilder as the altercation seemingly dies down. With Smith’s back turned, Duckwilder reaches into his coat pocket, pulls out a pistol and fires in Smith’s direction. The defendant then appears to flee the scene. No weapons were found on Smith when first responders arrived.

The prosecutor explained how Duckwilder can be seen wearing a Redskins hat, a colorful jacket and red New Balance shoes in the footage. He was wearing the same attire when he was arrested that same night.

When Duckwilder was apprehended, he allegedly had a gun in his possession that matched the shell casings found at the crime scene. Defense attorney Jesse Winograd said that, during the investigation, only three of the shell casings would have fit Duckwilder’s weapon. The other two belonged to another weapon that was not recovered. Winograd argued that his client most likely only fired his weapon in response to two previous gunshots.

Winograd replayed the video of the fatal encounter, attempting to show that the victim made a quick movement before he was shot.

The prosecution pointed out how Duckwilder appeared to check his surroundings before firing his weapon at close range.

“Duckwilder was clearly the aggressor and did not flinch or duck while shooting the decedent,” the prosecutor said. She asked Judge Milton Lee to make a finding of substantial probability, a higher standard than probable cause.

Winograd said his client was being surrounded by two men at the gas station and argued no one really knows who the aggressor was.

“Smith turns and dips down before the gunshots occurred,” he said.

After making a finding of substantial probability, Judge Lee denied the defense’s request to release Duckwilder from DC Jail due to his violent criminal history.

Parties are slated to reconvene for a status hearing on May 2. The prosecutor hopes to have an indictment by then.

Homicide Defendant to Consider Prosecution’s Plea Offer

A homicide defendant has been offered a plea deal and will begin to go over 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 shooting 32-year-old Maryland man Alie Labay to death on the 900 block of 21st Street, NE, on the morning of Oct. 24, 2019.

During Washington’s most recent hearing on Feb. 17, the prosecution said they extended a plea offer that will expire by March 3. The offer would allow the defendant to plead down to a lesser homicide charge and have his other charges dismissed.

Washington previously declined other plea offers, including one for second-degree murder while armed in September 2021.

DC Superior Court Judge Rainey Brandt scheduled the next hearing for March 17. If Washington does not plead out, this case is still expected to go to trial in late May.

Document: Arrest Made in a Homicide on Bladensburg Road, NW

Metropolitan Police Department (MPD) arrested a suspect for a homicide that occurred on Feb. 19, 2022.

According to the press release, the MPD arrived at the report of a shooting inside a building on the 3000 block of Bladensburg Road, NW. The victim, 31-year-old Maurice McRae, was found inside the building with a gunshot wound.

According to the press release, McRae succumbed to his injuries endured by the shooting. On June 27, 2022, police located and arrested suspect Riley Benjamin, 31, for the murder of McRae. Benjamin is charged with second-degree murder while armed.

Sex Abuse Defendant Released into High Intensity Supervision Program

A DC Superior Court judge agreed to release a child sex abuse defendant from DC Jail with certain conditions in place.

The 23-year-old defendant is charged with first and second-degree child sex abuse for allegedly abusing two victims when they were less than 10-years-old.

On Feb. 18, defense attorney Julie Swaney argued for her client to be released with strict conditions, though the prosecution maintained he would pose a significant danger if released.

Swaney pointed out that the defendant does not have a criminal history but the prosecution alleged he has a serious pattern of this type of crime. According to court documents, one of the victims in this case disclosed multiple instances of sexual abuse.

Regarding flight risk, Swaney noted that her client’s passport has expired, preventing him from being able to use it to flee the country. Despite this, a member of one victim’s family worries there may be someone who could help him do so.

The prosecution said the nature of the alleged offenses are harmful to the victims and their families. Judge Maribeth Raffinan agreed that such a crime is “harmful, hurtful and impactful.” Still, she allowed the defendant to be released to live with a friend who confirmed that no minors reside in the home.

The defendant will be monitored under the High Intensity Supervision Program and must wear a GPS. He is scheduled to return to court for a felony status conference on March 10.

Judge Finds Probable Cause in Case of Clay Terrace Homicide

Darius Roberston is accused of beating his cousin to death at a street corner in the Clay Terrace neighborhood of Northeast, DC. On Feb. 9, a DC Superior Court judge ruled that his case has enough evidence to go to trial.

Andre Roberston was 33-years-old when he died of blunt force trauma on Oct. 2, 2021. According to court documents, the medical examiner could not pinpoint which of the victim’s multiple injuries caused his death.

The 28-year-old defendant allegedly assaulted his cousin close to midnight on Oct. 1, 2021, near the corner of Clay Terrace, NE, and 53rd Street, NE. He is charged with second-degree murder.

During the preliminary hearing, a Metropolitan Police Department detective took to the witness stand. Video footage of the homicide, as well as the autopsy, was shown.

When observing the footage, defense attorney Michael Madden noted that the defendant was seemingly attempting to avoid getting involved in a dispute with the individuals seen on camera.

Parties discussed whether the defendant had a gun. Madden argued the black object seen in the video footage was just his client’s hair since it was moving along with his body. Madden noted that the autopsy did not report visible marks on the victim’s face that could have been from a gun, but the detective said the defendant could have been striking his neck.

Madden went on to argue that his client was provoked during his interactions with the victim and other witnesses. 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.

Judge Milton Lee ruled that the case has probable cause. Darius Robertson will remain held at DC Jail as he awaits his next hearing, which is scheduled for June 3.

Case Acquitted: Man Arraigned on Murder, Firearms Charges in Reference to Brookland Shooting

This case was acquitted on Nov. 9, 2022.

A DC Superior Court judge arraigned a defendant on charges of second-degree murder while armed, possessing a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction for his alleged role in the deadly shooting of an 18-year-old in the Brookland neighborhood of Northeast, DC.

Mike Bidgell is accused of shooting Marquis Harrod on the 1300 block of Brentwood Road, NE, on June 6, 2020. The 26-year-old defendant was arrested less than two weeks after the homicide. Prosecutors filed the three-count indictment last December and Judge Maribeth Raffinan arraigned him during a Feb. 15 hearing.

Bidgell pleaded not guilty to all charges.

During the hearing, defense attorney Peter Fayne asked Judge Raffinan for a decision on a release motion filed while Judge Neal Kravitz was presiding over the case. Judge Raffinan decided to let Judge Kravitz address that motion.

An Innocence Protection Act hearing was requested to discuss DNA testing. That hearing is scheduled for March 17.

As parties prepare to take this case to trial in October, motions are due by Aug. 1 with responses due by Aug. 22. Expert notice from the prosecution is due by March 11.

Document: Suspect Wanted in Mass Shooting

The Metropolitan Police Department that an arrest warrant has been filed for mass shooting suspect.

On officers responded to the 4400 block of Connecticut Avenue, NW, on Jan 27 due to a report of a shooting inside a hotel. Upon arrival, they located three adult females with gunshot wounds and transported them to a local hospital. One of them, 20-year-old Dasha Cleary, later succumbed to her injuries. Two adult males also arrived at a local hospital for non-life-threatening gunshot wounds, according to the press release.

The MPD announced an arrest was filed for 18-year-old Gerald Thomas for second-degree murder while armed, according to the press release.

Murder Defendant to Remain in Jail After Judge Finds Probable Cause

A murder defendant will remain held at DC Jail after a judge ruled that the case against him has enough evidence to go to trial.

Darrell Moore, 44, is accused of shooting 37-year-old Julius Hayes to death on the afternoon of April 3, 2020, in a residential area of Northeast, DC. Hayes was shot six times on the 300 block of 18th Street, NE, and pronounced dead at a local hospital.

The preliminary hearing for this case began on Jan. 18. At that time, the lead detective took the stand to discuss evidence uncovered throughout the investigation. Parties reconvened on Feb. 15 to finish the proceedings so DC Superior Court Judge Milton Lee could decide if the case has probable cause.

A key issue discussed during the proceedings was a government witness placing Moore at the crime scene. The witness also has unrelated charges pending against them, as defense attorney Kevin Irving brought up. The witness allegedly said, “I can be whatever you want me to be” in an interview.

Irving argued this makes the witness unreliable, while also questioning testimony from other witnesses. He continued to question different aspects of the investigation when he resumed the cross-examination he began in January.

The detective said a witness identified Moore’s gun as a colt python, but Irving said they had never had a civilian witness call a gun by the official name. Irving also questioned if the detective was experiencing confirmation bias from believing the witness. He noted that only this witness identified the vehicle used in the shooting as a Ford Fusion. They also described the shooter to be a 5’10″ man, while Moore is 5’2”.

Irving alleged that the detective “cherry-pick[ed] the rumors that they liked” and that the prosecutor’s other evidence is only circumstantial when he argued against a finding of probable cause.

However, the prosecutor indicated that what Irving brought up was not their only evidence during his re-direct examination of the defendant.

A surveillance video from the lot where the shooting happened shows a man alleged to be Moore arguing with Hayes. The victim then turns a corner and the man alleged to be Moore follows. After gunfire breaks out, he stops at the car, pauses, turns back towards the corner and shoots once more. After this, he jumps in a black four-door vehicle and drives away.

The prosecutor said the vehicle was unique in that the license plate was in the passenger side window. During the investigation, it was found that Moore’s car, a black four-doored vehicle, had a license plate on the same passenger side window. A different witness said Moore was the only one to use the car.

Judge Lee decided that the case has enough evidence to go to trial and found probable cause. Irving requested his client’s release, but Judge Lee quickly shot that down, saying Moore was already convicted of a murder in 1994. Moore was released from prison in August 2020.

There will be a new hearing set on June 3, by which time the prosecutor hopes to indict the case.

Parties Schedule Preliminary Hearing in Sex Abuse Case

A month after a defendant was charged with child sex abuse, parties scheduled a preliminary hearing to determine if his case has enough evidence to go to trial.

The 49-year-old defendant was arrested and charged with first-degree child sex abuse more than 15 years after the alleged incident. He is accused of engaging in sexual acts with a girl who was 15-years-old at the time between September 2005 and June 2006.

The defendant was released after his arrest and a Pretrial Services Agency officer told the court during a Feb. 7 hearing that he has been fully compliant with his release conditions. The prosecution noted that they had recently sent over evidence and a plea offer to the defendant’s former lawyer. They are now working to get all of the information to his current attorney, Joseph Wright.

Given that this evidence is being exchanged, parties agreed to set a preliminary hearing date. Judge Maribeth Raffinan scheduled the proceedings to take place on April 19.

Plea Offer Pending for Child Sex Abuse Defendant

A defendant in a child sex abuse case is considering a plea deal as his defense counsel waits to receive new evidence.

The 52-year-old defendant is charged with second-degree child sex abuse for allegedly abusing his two preteen goddaughters last May. According to court documents, the defendant allegedly admitted to touching the victims inappropriately but says he does not know what happened beyond that. He was arrested two weeks after the alleged crime.

During his most recent hearing on Feb. 15, defense attorney Rachel Cicurel said she is waiting on more evidence to review before they made a decision on a recent plea deal offered by the prosecution.

Judge Maribeth Raffinan scheduled a status hearing for April. 1. In the meantime, the defendant will remain on pretrial release. An officer with the Pretrial Services Agency was present in the courtroom and said the defendant has been compliant with his release conditions.

Attorneys Struggle with Video Evidence in Murder Case

Attorneys are experiencing technical issues with video evidence in a murder case.

William Davenport, 29, is charged with first-degree murder while armed for allegedly shooting 27-year-old Leonard Turner to death on May 14, 2021, on the 1700 block of Trinidad Avenue, NE.

Evidence in this case includes video footage of the defendant being robbed the night before the homicide as well as footage of the incident itself.

The footage from the night before cannot be viewed by attorneys on either side. During a Feb. 15 hearing, defense attorney Jacqueline Cadman said this is a Brady issue, referring to a prosecutor’s obligation to turn exculpatory evidence over to the defense. However, the prosecution does not agree.

The defense is planning to file a motion on the video. In the meantime, the prosecutor will respond to a defense motion requesting Davenport’s release from DC Jail.

Video footage from the homicide itself has also had issues, with only the prosecution being able to view it.

The court is scheduled to reconvene on March 16 to discuss motions regarding the video footage.

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