Judge Prepares to Select Jury for Murder Trial

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

A DC Superior Court judge went over logistics regarding trial dates and jury selection for a murder trial.

Dewayne Shorter is indicted on 11 counts including first-degree murder while armed for allegedly shooting 38-year-old Daniel Parker on the 2000 block of Fairlawn Avenue, SE, on July 26, 2017.

The 33-year-old defendant has also been charged with possession of a firearm during a crime of violence, assault with intent to kill while armed and unlawful possession of a firearm in this case.

Judge Marisa Demeo raised concerns that jurors would not be available near Thanksgiving and the winter holidays. Both parties agreed that the trial should be cut off early on Nov. 24 and Dec. 23.

Judge Demeo scheduled “one final trial readiness hearing” for Nov. 5.

Murder Sentencing Delayed Due to Defendant Being Stuck in Jail Cell

A murder defendant’s Nov. 3 sentencing hearing was rescheduled again after US Marshals and the DC Jail Board told the judge they could not bring him to court due to a mechanical issue with his jail cell door.

Steven Robinson is convicted of second-degree murder while armed in the shooting of 28-year-old Shanika Williams on July 12, 2020, on the 800 block of 19th Street, NE. As part of the plea deal he took, prosecutors agreed to recommend a sentence of 10-12 years, D.C. Witness previously reported.

Williams’ family appeared in court to speak at the sentencing, but DC Superior Court Judge Neal Kravitz was informed that the door to Robison’s jail cell was jammed.

This is the third time Robinson’s sentencing has been rescheduled. He was first scheduled to be sentenced on Sept. 3 but it was moved to Oct. 8 due to parties wanting to have an in-person hearing. The Oct. 8 date was then moved to Nov. 3 due to the defendant being in quarantine at DC Jail, according to court documents.

Robinson is now scheduled to be sentenced on Nov. 4.

Defense Challenges Forensic Results During Murder Trial

A murder trial continued on Nov. 2 with testimony from five witnesses, including a forensic scientist and crime scene technician.

Steven Robin, 25, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in the Jan. 18, 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.

The court first heard a detective who testified to the authenticity of the defendants’ DNA samples collected by cheek swabs. A forensic scientist from forensic laboratory Signature Science followed, offering genetic profiles based on evidence collected from two cigarette butts and a water bottle found in the vehicle allegedly used to drive to and from the shooting. The witness offered statistical evidence linking Charles Young to the cigarettes and Robin to the water bottle.

During cross-examination, the witness confirmed to Kristin McGough that the evidence was logged onto the wrong shelf it was placed on. McGough also questioned the expert on the validity of DNA evidence on the water bottle, saying sunshine or UV light could easily damage the DNA sample. The expert said she was confident in her results and interpretation.

McGough brought up the lack of peer review with the expert’s final report. The court took a break for the audit history document to be transferred over from Signature Science. The expert then denied that she changed the number of possible DNA contributors to one of the cigarette butt samples from three to two.

The expert also denied that her supervisor had made her change it to two because of “stutter”—slight errors in a given genetic profile created during the DNA replication process. Replication is one of the stages of the analysis, necessary to test against various controls. The expert said the mistake in logging the evidence’s storage space, as well as the evidence samples’ close spatial proximity to control samples in the laboratory, did not affect the integrity of her study in any way.

The prosecution also called a friend of Poindexter’s and a neighbor who lives in a balcony apartment overseeing the location of Poindexter’s home to the witness stand.

The witness close to the victim, who knew about the dispute that allegedly led to his death, was questioned about two fights.

The first fight took place in a Home Depot and the second at Club Aqua in Washington, DC. Both fights were filmed and posted on Instagram, according to the witness. The witness also said it was clear a second witness close to the incident was in the second video at the time, even if the video is too dark now to identify anyone in it. This third witness is scheduled to testify in the trial.

The witness said that, after the first video of an altercation inside Home Depot was published on social media, she direct messaged a friend to try and calm things down.

“I pulled her up on the incident that happened, to alleviate the situation because I know both parties,” she said. “It could have been a big misunderstanding so I pulled her up on that.”

The witness told the prosecutor she was at work when she saw the second video outside Club Aqua.

The witness also stated Pondexter routinely logged in to social media from other people’s phones as he frequently would forget his own. The prosecutor asked if she was talking to a friend through Poindexter’s Instagram account the day after his death. She replied she was using it to talk to another friend who was close to the dispute using his Instagram account.

The neighbor witness explained she was at the front door of her apartment looking out the glass sliding door of her balcony when she saw Poindexter on the night of the shooting.

“I saw a guy running down the parking lot, had his pants down. Knocking on the door across the parking lot. I saw he collapsed but I didn’t know he was hurt or anything,” she said. “I heard him screaming to open the front door. A lady came down and she opened the door and he collapsed on the stairs inside the complex.”

About forty photographs of the incident location and evidence markers were entered into the record as evidence. A crime scene tech testified to several records of bullet cartridge casings found on the ground of the incident location as well as stray bullet fragments in nearby buildings, which included a fence adjacent to the intersection and the wall inside of a neighbor’s basement a few blocks away from the crime scene.

At least two cars were reviewed, a white Chevrolet suburban and a Nissan sedan. Crime scene techs pulled several bullet fragments out of both vehicles.

Judge Danya Dayson presided over the hearing. The trial scheduled to resume on Nov 3.

Judge Arraigns Co-Defendant in Murder Case

A DC Superior Court judge arraigned one of three co-defendants in a murder case.

Keith Baham, 21, Tyler Stringfield, 22, and Raymond Avent, 21, are indicted on 18 counts, including first-degree murder while armed in connection with the death of 23-year-old Rafiq Hawkins. On March 23, 2019, Hawkins was found unconscious on the 1300 block of Saratoga Avenue, NE, suffering from multiple gunshot wounds. It was later determined that the shooting happened on the 1200 block of Brentwood Road, NE, but that Hawkins ran to Saratoga Avenue before he passed out, according to court documents.

During the Nov. 1 hearing, Avent was arraigned and pleaded not guilty to his charges.

The other two defendants have already been arraigned. Their defense counsel reported they have not received a plea offer from the prosecution.

Avent and Stringfield’s lawyers made a request for their clients’ release, which Judge Marisa Demeo denied. She did, however, tell them to file a written motion so the prosecution can form a response.

The co-defendants are scheduled to return to court on Nov. 8 for a status hearing.

Parties Deliver Closing Arguments in Murder Trial

Parties presented their closing arguments in a first-degree murder trial.

Robert Dean, 63, is charged with first-degree murder while armed for allegedly stabbing 38-year-old Tamiya White with a screwdriver on March 31, 2018. White was found on the 1900 block of 9th Street, NE, suffering from multiple stab wounds. It was later determined that the stabbing occurred on the 1000 block of Mount Olivet Road, NE.

Dean’s defense attorneys, Jonathan Armstrong and Anthony Matthews, argued their client acted in self-defense, with one of them calling White a “200-pound screwdriver wielding psychotic on PCP,” who Dean had to defend himself against.

The prosecution argued that Dean committed first-degree murder with deliberation and premeditation, reviewing the DNA evidence as well as the cell phone records presented in the case. They allege he said, “I killed that b****,” and, “I hope she dies.”

After the closing arguments, Judge Marisa Demeo gave the jury their deliberation instructions. Jury deliberations will continue on Nov. 3.

Crime Alerts: November 2-3

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on Nov. 2. and 9:00 a.m. on Nov. 3.

A crime alert was sent out at 1:00 a.m. due to a stabbing investigation in the 4600 block of Livingston Road, SE.

Judge Finds Substantial Probability in Murder, Sex Abuse Case

A DC Superior Court judge found substantial probability in a 2020 murder case, calling a guilty verdict, “very likely.”

Bratrell Hawkins is charged with first-degree murder while armed, two counts of second-degree sex abuse, assault with a dangerous weapon, carrying a pistol without a license outside a home or business and possessing a firearm during a crime of violence. The 28-year-old defendant is accused of shooting 25-year-old Xavier Tate on the 1400 block of 3rd Street, SW, on Jan. 5, 2020. He is also accused of sexually assaulting a woman while she was asleep at the same address on the same day.

Judge Neal Kravitz‘s finding of substantial probability is a higher standard than probable cause, the standard for determining if a case has enough evidence to go to trial.

Parties attended the Nov. 2 preliminary hearing remotely over WebEx. Hawkins is currently being held at St. Elizabeths Hospital, DC’s psychiatric institution.

Defense attorney Pierce Suen argued for his client’s release and cited questions over the credibility of the prosecution’s key witness. But the prosecution argued Hawkins would pose a danger to the community due to the alleged offenses involving multiple victims.

Judge Kravitz denied Suen’s release request. He also denied the prosecution’s request to have Hawkins transferred from the hospital to DC Jail.

The case is scheduled to go to trial on March 1.

Document: October Shooting Victim Succumbs to Injuries

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Oct. 30.

At approximately 7:43 p.m. on Oct. 30, officers responded to the 1800 block of Gainesville Street, SE, due to a report of a shooting. Upon arrival, they located an adult male with gunshot wounds and transported him to a local hospital, according to the press release.

On Nov. 1, 28-year-old Cecil Morris succumbed to their injuries and was pronounced dead. The death was ruled a homicide, according to the press release.

Five Witnesses Testify During Murder Trial

Steven Robin is charged with first-degree murder while armed in connection with the 2018 shooting of 29-year-old Kenneth Poindexter. The second day of his trial resumed with multiple key witnesses providing testimony.

Two other defendants, Edward Brown, 22, and Antonio McKenzie, 24, are also charged with first-degree murder while armed in connection with the shooting, which took place on the 4700 block of Benning Road, SE, on Jan. 18, 2018. Their cases were severed from 25-year-old Robin’s.

Charles Young, 30, pleaded guilty to accessory after the fact voluntary manslaughter for acting as the getaway driver during the shooting. He was sentenced to four years in prison, all of which were suspended, plus six months of probation on Oct. 28, D.C. Witness previously reported.

Many of the witnesses called by the prosecution during the Nov. 1 proceedings testified on the vehicle allegedly used to drive to and from the shooting, a white Mercedez-Benz. This includes two Metropolitan Police Department detectives. One of them, a former mobile crime tech who lifted fingerprints from the vehicle, identified a jacket, ski masks and a water bottle found in the vehicle. He was not cross-examined.

A forensic technician who analyzed the fingerprints found on the vehicle testified and gave a presentation on how exactly the process of identification works. He said they lift prints through a variety of methods depending on where they are found and what they are made with, then compare them with actual prints.

During the fingerprint analyzer’s cross-examination, he said there were no conclusive fingerprints tying Robin to the vehicle.

A witness who first testified when the trial began on Oct. 29 returned to the stand. During cross-examination, she continued to not give definitive answers to defense attorney Kristin McGough‘s questions.

“We’re going to be here a long time,” McGough said after receiving a vague answer from her. “Ok, I don’t remember,” the witness responded.

The witness said that, since there are a lot of people in the world to remember, she cannot remember the people McGough asked about in the days leading up to the shooting, especially because she was intoxicated during periods of the time. When McGough read from the witness’ previous testimony, which conflicted with her current statements, and asked if what she read aloud was what was also on the paper, the witness repeatedly said she does not remember.

McGough went through the days before the shooting, asking questions about a window that was broken by someone in the apartment the witness was staying in with her family and other people. The witness was unable to remember the window breaking at all or any events during that time. When McGough asked the witness if what she read from the witness’s previous testimony, which was different from what the witness was saying on the stand, she responded by saying, “you can read it if you know how to read.”

After a break, DC Superior Court Judge Danya Dayson told the witness she is “required to answer the questions.” The witness was also given an attorney to consult for legal advice going forward. All questions before the order are considered valid but she cannot plead the fifth or refuse to verify what the lawyers read from her previous testimony. Otherwise, she risks a contempt charge.

After the order and a break, the witness began answering questions. She was asked about a club that she and others allegedly attended before the shooting. McGough asked about a fight with an individual from that night.

When cross-referenced with video of her police testimony, the witness said she remembered in the police questioning and now she does not. She said she was intoxicated at the time of the police questioning, despite having told an officer that she was not.

McGough brought in Instagram data from the witness’ account. Messages were shown between her and Poindexter’s account, showing her talking to someone through his account and talking about how she was in a fight the night she went to the club.

A T-Mobile representative from their law enforcement relations division also briefly testified and verified the cell phone information used to show the defendants whereabouts at the time of the shooting.

The trial is scheduled to continue on Nov. 2.

Judge Denies Defense Request to Dismiss Murder Case

A judge denied a defense attorney’s oral motion to dismiss a murder case currently awaiting indictment.

Nijinsky Dix, 38, is charged with first-degree murder while armed in the shooting of 44-year-old Terry Hickman on Nov. 14, 2020, on the 1000 block of 4th Street, SW. Dix, 38, was arrested that same day.

During the Nov. 1 hearing, defense attorney Brandi Harden asked Judge Juliet McKenna to dismiss the case, citing how long it has gone without indictment.

According to the DC Superior Court, “unless otherwise ordered by the Court, all deadlines and time limits in statutes, court rules, and standing and other orders issued by the Court that would otherwise expire are suspended, tolled, and extended during the period pending further order of the Court.”

The Amended General Order goes on to specify that these rules apply to indictment and trial deadlines.

The prosecutor said he is going in order and has other cases needing to be worked on before he can indict Dix. He did, however, say the case will be indicted by February 2022.

After her request for the case’s dismissal was denied, Harden requested her client’s release into the High Intensity Supervision Program, home confinement or a half-way house. Judge McKenna also denied this request, expressing concern that she could be a flight risk.

Judge McKenna also ordered the prosecution to provide the defense with discovery evidence within 60 days.

Parties are scheduled to reconvene on Feb. 25.

DC Police Officer Testifies at Murder Trial

Two witnesses, including a Metropolitan Police Department (MPD) officer, testified during a murder trial.

Robert Dean, 63, is charged with first-degree murder while armed for allegedly stabbing 38-year-old Tamiya White with a screwdriver on March 31, 2018. His lawyers argue their client acted in self-defense.

During the Nov. 1 proceedings, an officer with the MPD’s homicide branch was asked to verify where evidence extracted from Dean’s home was found. Pictures of the items, which included clothes with blood stains on them, were admitted into evidence.

An audio interview between the officer and Dean was also admitted into evidence. In the recording, Dean can be heard saying, “I didn’t want her to die.” The officer is heard responding with, “regardless of whether or not it was self-defense I’m sure it must be nice to finally get that off your chest.”

Text messages between Dean and White were admitted into evidence. In the messages, Dean was upset that she apparently kicked him out of her apartment, despite having paid her $450 for rent.

A DNA analyst from Bode Technology, the largest private forensic DNA lab in the U.S., also took the stand. He said White’s fingernail clippings contained a significant amount of male DNA.

The trial will continue for closing arguments on Nov. 2.

Judge Releases Six Misdemeanor Domestic Violence Defendants During Presentments

A DC Superior Court judge released six misdemeanor domestic violence defendants during presentment hearings on Nov. 1.

Judge Renee Raymond granted a request to hold a domestic violence defendant in his separate felony case, in which he is charged with second-degree burglary. In his domestic violence case, the defendant is charged with simple assault and attempted possession of a prohibited weapon.

Judge Raymond also presided over a bench warrant return hearing for a domestic violence defendant, who is charged with attempted threats to do bodily harm. The defendant missed a status hearing on Sept. 28 due to being incarcerated in Maryland. Judge Raymond released him on his promise to return to court for his next hearing.

The proceedings experienced delays. While waiting on a defendant, Judge Raymond told an officer, “we’re not going to sit up here waiting all day.”

“You can tell your officers we’re not sitting in C-10 all day waiting for somebody because he’s being interrogated at a station,” she said. “There’s no basis for holding him. Bring him to court. And not at 5 o’clock in the evening.”

By 6 p.m. the court had heard 25 of the 66 cases scheduled for the day. Judge Raymond asked a sergeant to speak with his supervisor about the experience.

Crime Alerts: November 1-2

The Metropolitan Police Department (MPD) sent out five crime alerts between 9:00 p.m. on Nov. 1 and 9:00 p.m. on Nov. 2.

A crime alert was sent out at 9:06 p.m. due to a robbery investigation in the 4600 block of South Dakota Avenue, NE. Police identified the suspect as a Black male who was approximately 20 years old, with a slim build, wearing a yellow hoodie, black jeans and black shoes.

A crime alert was sent out at 12:42 a.m. due to a robbery investigation in the 3400 block of 18th Street, SE. Police identified the suspect as a Black male wearing a black mask and green coat.

A crime alert was sent out at 1:27 a.m. due to a gun robbery in the 5000 block of Fitch Place, NE. Police identified the suspects as three Black males in a black mustang vehicle.

A crime alert was sent out at 1:39 p.m. due to a robbery in the 3900 block of Minnesota Avenue, NE. Police identified the suspects as three Black males who were approximately 16 years old.

A crime alert was sent out at 3:02 a.m. due to a robbery in the 2300 block of Pennsylvania Avenue, SE. Police identified the suspects as four Black males who were approximately 23-25 years old in a white Honda civic.

Document: October 31 Homicide

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Oct. 31.

At approximately 4:17 p.m. police responded to the 2300 block of Green Street, SE, due to a report of a smell of smoke. Upon arrival, officers located a fire within an apartment. After extinguishing the fire, officers located 32-year-old Cynthia Barringer with thermal injuries and pronounced her dead on scene, according to the press release.

On Nov. 1 due to an autopsy, the cause of death was ruled a gunshot wound and the manner of death a homicide, according to the press release.

Judge Finds Probable Cause for Fatal Stabbing Case

A DC Superior Court judge ruled that a fatal stabbing case has enough evidence to go to trial.

David Rhodes, 53, is charged with first-degree murder while armed in connection with the May 9 killing of 47-year-old Georgette Banks.

According to court documents, Metropolitan Police Department (MPD) officers found Banks in the fourth floor stairwell of a building on the 2600 block of Martin Luther King Jr. Avenue, SE. She was unconscious and suffering from multiple stab wounds.

During the Nov. 1 preliminary hearing, the prosecution showed surveillance footage of a man believed to be the defendant entering the building. He is later seen leaving through a door on the basement floor.

An MPD detective testified that bloody footprints were found at the crime scene.

The detective said that, while exercising a search warrant, they recovered shoes that appeared to have a blood stain on it and looked consistent with the shoes seen being worn by the man in the surveillance footage. A DNA analysis of the blood was found to be a strong match for the Banks, he said.

During cross-examination, the detective confirmed to defense attorney Joseph Wong that there are no known eye-witnesses to the homicide.

Wong argued that the prosecution is relying heavily on the surveillance footage, which does not appear to show any blood or weapons on the man believed to be Rhodes, even as he is seen leaving the building.

However, Judge Milton Lee pointed out the timestamps on the surveillance footage as adding to the strength of the evidence.

After Judge Lee found probable cause, the prosecution asked him to keep the defendant held at DC Jail, citing his criminal history, which they said includes a manslaughter conviction. Wong requested his client’s release, noting that he successfully completed his recent period of probation.

Judge Lee ultimately decided that Rhodes should remain held at DC Jail.

Previously, the preliminary hearing was rescheduled multiple times because the defendant was not brought over from the jail. During an Oct. 5 hearing, the court was informed that he was in quarantine, D.C. Witness previously reported.

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