Did Kareem Ware’s 2009 Homicide Happen in DC or Maryland?

Thirteen years after a man was killed in what is suspected to have been a robbery gone wrong, attorneys are divided over a key detail of the homicide- where it happened.

Saeve Evans and Kareem Ware were in a vehicle together on May 2, 2009, according to court documents. A witness who agreed to cooperate with the government after picking up felony charges claims that Evans told them he and two others intended to pick Ware up and rob him, but the plan went wrong when Ware saw police and allegedly tried to take a gun from another individual. Evans then allegedly shot Ware in the head. A Prince George’s County police officer pursued the vehicle from Maryland into DC before eventually losing it. Ware was shot in the head a total of three times. Evans was arrested and charged with first-degree murder while armed almost exactly a decade later.

“This a fairly novel issue,” said DC Superior Court Judge Maribeth Raffinan during a Feb. 8 hearing as parties debated if the DC courts system has jurisdiction over the case. The defense counsel has petitioned the court to dismiss the case for lack of jurisdiction.

The law gives DC jurisdiction over a murder or manslaughter case if the fatal blow was dealt in DC, even if the victim did not die in DC.

The prosecutor argued that there was ample evidence to prove DC had the jurisdiction needed. She referred to the officer who chased the vehicle from Maryland into DC. Ware was found dead in the front passenger seat of the vehicle, according to court documents. The officer has stated that, while on Livingston Road in DC, the vehicle’s front passenger appeared to be alive.

The prosecutor also cited a ballistics expert and a medical examiner who are expert witnesses in this case.

The ballistic expert had explained how the trajectory of the bullet lines up with shots coming from behind the victim as well as how the blood splatter is consistent with someone being hit from the back of the head, supporting the notion that Ware was in the front passenger seat. The blood had splattered all over the dashboard of the car.

Ware’s autopsy report labels his three gunshot wounds as A, B and C, though that is not meant to indicate the order in which they were fired, according to court documents. The medical examiner determined that the bullet “A” would not have instantly killed the victim but he only would have been alive for minutes without significant medical care. However, she is expected to testify that the other two shots caused “more direct brain injuries,” according to court documents. Still, the prosecutor said that it would not be possible to know which bullet killed Ware or when exactly he died.

Defense attorneys Stephany Reaves and Dominique Winters showed an autopsy photo in court demonstrating that the victim sustained no serious injuries before the shooting. They argued that the three bullets had to have been the source of the decedent’s blood trail that was found in Maryland.

In a factual supplement to their dismissal motion, the defense points out that a civilian witness says they were at the Eastover Shopping Center in Maryland on the day of the homicide when they saw a grey SUV come across the center’s parking lot. The witness says they heard three gunshots but went on to clarify that it could have been more.

The defense concluded their arguments by noting that the prosecutor’s first witness was narrating his chase with the vehicle while driving into DC. He was narrating over the police radio, while in Maryland the witness stated that they had seen muzzle flashes and heard gunshots. However, when the witness entered DC they did not mention any other muzzle flashes nor did they mention gunshots.

DC Superior Court Judge Maribeth Raffinan did not rule on the motion that day. She wanted extra time to review all the evidence and the cases the defense cited. Parties are scheduled to reconvene on Feb. 16.

Man Charged in Mass Shooting That Killed Child Awaits Indictment as Investigation Continues

Prosecutors said they are continuing to investigate the mass shooting that killed six-year-old Nyiah Courtney during a hearing for the defendant charged in her death.

Marktwan Hargraves has spent seven months in jail since his arrest and continues to await indictment. The 23-year-old is charged with second-degree murder while armed for his alleged involvement in the drive-by shooting that took place on July 17, 2021, at the corner of Martin Luther King Jr. and Malcolm X Avenues, SE.

Prosecutors believe Nyiah’s father was the intended target and that the shooting was the result of a feud between two groups in the area. The girl’s parents along with three others were struck by the gunfire that night but survived their injuries. Nyiah’s father was arrested soon after on unrelated robbery charges.

Hargraves was arrested nine days after the shooting. Parties in this case met on Feb. 11 and discussed the lack of an indictment, with the defense questioning why it has not come in yet.

“It’s not that we haven’t done anything in the grand jury but it’s a case we will continue to investigate,” the prosecutor said, mentioning there are people of interest they are still investigating, and there may be more arrests made. Court documents state there were others in the car at the time of the shooting.

Parties were conflicted on whether there has been ample time for the prosecution to bring an indictment to the table, but the defense said if the court had not tolled deadlines due to the COVID-19 pandemic, they would have met the deadline already. The prosecutor disagreed, saying that it will have been nine months since the arrest in April, which is the typical deadline in the Superior Court system.

The prosecutor’s office is currently prioritizing 2019 and 2020 cases over 2021 cases for indictments.

Judge Milton Lee asked parties to give him an indication of how long they need. The defense counsel was contingent on having it sooner but the prosecutor asked for two to three months.

Parties said they hope to resolve the case “without the court’s assistance” but gave no indication on what that exactly meant. Judge Lee set an April 6 hearing date to check in on the case.

Prosecutor Expects to Indict Murder Defendant Within Weeks

A prosecutor said she anticipates indicting a murder defendant within weeks.

Glen Dolford is accused of shooting 26-year-old Raheem Murray to death in a residential area of Barry Farm. On the afternoon of Feb. 2, 2020, Murray was found on the 4300 Block of 3rd Street, SE, unconscious and unresponsive after sustaining multiple gunshot wounds. Two other victims were shot but survived their injuries, according to court documents. Dolford, 26, was later charged with first-degree murder while armed in relation to the shooting and has been held at DC Jail ever since.

Back in December, defense attorney Stephen Brennwald filed a motion to release Dolford, pointing out how long his client has been detained without an indictment.

When parties met in court most recently on Feb. 8, the prosecutor said she expects to return an indictment within three weeks. Still, Brennwald asked for Dolford to be released into home confinement with GPS monitoring.

“He (the defendant) is losing hope,” Brennwald said.

Judge Maribeth Raff i nan denied the release request due to the violent nature of the alleged crime. She did say the defense could renew the request in the future.

Parties are scheduled to reconvene for a felony status conference on March 11.

Judge Denies Release Request for Murder Defendant Awaiting Indictment

A defense attorney asked a DC Superior Court judge to release the defendant charged with Eddie christ’s death, who has yet to be indicted more than one year after his arrest.

When parties in this case met in court most recently on Feb. 9, defense attorney Gemma Stevens pointed out that it has been 505 days since Nathaniel Bates was initially charged with first-degree murder while armed in the death of 28-year-old Crist. Bates, 37, is accused of shooting Crist on the morning of May 8, 2020, on the 4000 block of South Capitol Terrace, SW. The defendant was arrested the following September and has remained detained at DC Jail ever since.

Judge Robert Okun denied the release request, noting that the defendant was on pretrial release for another case at the time the homicide happened.

Court documents reveal that Bates was wearing a GPS monitoring device as a condition of his pretrial release. Metropolitan Police Department detectives obtained records of his whereabouts on the day of the homicide from the Pretrial Services Agency as part of their investigation into Crist’s death.

Although he denied the release request, Judge Okun did agree to check on the status of the indictment when parties meet in court again on March 3. He also scheduled a jury trial to begin in February of next year.

Judge Orders Competency Screening for Sex Abuse Defendant

A DC Superior Court judge ordered a preliminary screening to determine if a sex abuse defendant is competent to stand trial.

The defendant allegedly grabbed the victim from behind and thrust his pelvis into her at the Shaw-Howard metro station. The victim went to a station manager, who contacted the Metro Transit Police Department, according to court documents. The defendant was arrested and charged with assault with intent to commit third-degree sex abuse.

During a Feb. 9 hearing, Judge Milton Lee ordered the 22-year-old defendant assessed by the Department of Behavioral Health. Parties are scheduled to reconvene for a mental observation hearing on Feb. 22.

Document: Woman Fatally Shot in Northeast, DC

Metropolitan Police Department detectives are investigating a homicide that occurred on May 9.

According to a press release, at approximately 3:06 p.m., officers responded to the 500 block of Division Avenue, NE, for the sounds of gunshots. There, they found 54-year-old Pamela Thomas in a vehicle, suffering from an apparent gunshot wound. She was pronounced dead at a local hospital.

Child Sex Abuse Defendant Released Ahead of Preliminary Hearing

A DC Superior Court judge released a 73-year-old child sex abuse defendant ahead of his preliminary hearing.

Two individuals have accused the defendant in this case of sexually abusing them when they were children. A therapist for both victims contacted the Youth and Family Services Division to relay her clients’ allegations, according to court documents.

The defendant now faces charges of attempted first-degree child sex abuse and second-degree child sex abuse. The offenses are alleged to have occurred between 2009 and 2014.

After picking up the charges in late January, the defendant was detained at DC Jail. However, during the most recent hearing for this case on Feb. 9, Judge Marisa Demeo agreed to release him into the High Intensity Supervision Program with certain conditions. He must remain at his primary residence in West Virginia and cannot leave unless it is to go to court hearings in DC. He is also required to refrain from having any contact with minors.

The preliminary hearing, which will determine if the defendant’s case has enough evidence to go to trial, is scheduled to take place on Feb. 24.

Co-Defendants Plead Guilty to Deadly Shooting in Columbia Heights

Two defendants pleaded guilty to the fatal shooting of a DC man in the fall of 2020.

Randle Price, 29, and Marwin Thomas, 28, were initially charged with first-degree murder while armed in the shooting of John Pollard II.

Both defendants pleaded down to charges of voluntary manslaughter while armed during a Feb. 8 hearing. As part of the plea deal, parties agreed to recommend a sentence of seven-and-a-half to 11 years in prison.

Judge Robert Okun scheduled the two to be sentenced on April 22. Members of Pollard’s family are expected to be present for the proceedings.

Pollard was 33-years-old when he was shot to death on Sept. 30, 2020, on the 3200 block of Hiatt Place, NW.

Domestic Homicide Defendant Scheduled for Preliminary Hearing

A DC Superior Court judge scheduled a preliminary hearing to determine if the case against a defendant accused of murdering a 27-year-old woman has enough evidence to go to trial.

Joseph Fox is charged with second-degree murder while armed in the fatal shooting of Sierra Johnson. On the night of Jan. 19, she was found in the driver’s seat of a vehicle on the 2500 block of Georgia Avenue, NW, suffering from gunshot wounds. Two children were seated in the back of the vehicle, according to court documents.

Fox, 27, was arrested less than a week later. Detectives believe the homicide to have been domestic in nature. Court documents disclose that Jonson was four months pregnant at the time she was killed.

Judge Milton Lee scheduled the preliminary hearing for March 8.

Murder Defendant Has Less Than One Month Left to Make Decision on Plea Offer

A murder defendant has less than a month left to decide if he wants to accept a plea deal.

Delonte Samuels is charged with first-degree murder while armed in the fatal shooting of 30-year-old Michael Bright on the night of Oct. 6, 2020, on the 1100 block of 45th Street, NE. The homicide is alleged to have been a robbery gone wrong.

During the most recent hearing for this case on Feb. 9, the prosecution said the defense has not yet made a decision on the plea offer they extended. Defense attorney Janai Reed said she wanted extra time so her client could fully comprehend the terms and consequences of the plea.

The defense has until March 4 to let the prosecution know if Samuels, 29, will accept or reject the plea deal. If he accepts it, two other cases he has open- one a felony and the other a misdemeanor- will be dropped.

DC Superior Court Judge Maribeth Raffinan scheduled parties to reconvene on March 18.

Trial Rescheduled for Re-Opened Murder Case

A DC Superior Court judge rescheduled a trial for a re-opened murder case at the prosecution’s request.

It was September 2015 when Stanley Moghalu was first charged with murder in connection with the 2011 fatal shooting of 27-year-old Ronald Smith, who was a government witness in an investigation into a 2011 homicide. Moghalu, 34, was convicted by a jury of 11 charges including first-degree murder while armed with aggravating circumstances and sentenced to 75-and-a-half years in prison.

After winning his appeal, Moghalu was scheduled to go on trial again in January 2023. However, during a Feb. 7 hearing, the trial was pushed to begin in March instead.

Defense attorney Johnathan Zucker took issue with the prosecution’s postponement request, saying his client has a right to a speedy trial and has been held for approximately seven years since he first picked up the case. Judge Robert Okun recognized this frustration but still agreed to the postponement due to the unavailability of a vital member on the side of the prosecution.

In preparation for the trial, any motions and expert notice are due by Oct. 3 with responses due on Oct. 5.

The next status hearing for this case is scheduled for May 12.

Moghalu was granted a new trial due to the court’s requirement the first time around that his counsel discloses their defense strategy of trying to demonstrate that another person commit the alleged crimes – also known as a Third-Party Perpetrator (TPP) defense – to the prosecution ahead of trial, D.C. Witness previously reported.

Sex Abuse Defendant Sentenced After Pleading Guilty to Misdemeanor Charge

A sex abuse defendant was sentenced to serve 150 days in jail after he pleaded down from a felony to a misdemeanor charge.

“This is a serious crime despite pleading to a misdemeanor,” DC Superior Court Judge Robert Okun said.

According to court documents, John Flemming asked the victim if he could spend the night at her Barry Farm home. He told her he was homeless and the two had a mutual acquaintance, so she agreed to take him in.

“She was nice and she was paid back by waking up in the middle of the night by the defendant trying to push his penis in her vagina,” Judge Okun said.

The victim submitted a written victim impact statement, which was read aloud during the Feb. 7 proceedings. In it, she described the impact the crime had on her mental health.

“I feel like I’m going crazy…I need for him to stay away from me,” she stated.

Fleming, 25, was arrested and charged with fourth-degree sex abuse in September. He was released into the High Intensity Supervision Program until the following December when he was sent to jail due to reported noncompliance with his release conditions.

Still, defense attorney Derrick Page pointed out that Fleming has not violated his stay away order, arguing that this helps show he is able to be released.

The prosecution’s offer allowed Fleming to resolve his case by pleading guilty to misdemeanor sex abuse. However, the plea deal did not include an agreement between parties to recommend a certain sentence or sentencing range, although the prosecution did agree to waive any sentencing enhancement papers. The maximum prison sentence for misdemeanor sex abuse is 180 days.

Page asked Judge Okun to release his client on time served. He spoke about how Fleming lost two members of his immediate family at a young age and spent the majority of his childhood in the custody of Child Protective Services. Because of this, Page said Fleming “missed out on the nurturing aspect that we get from our close family members.”

Judge Okun sentenced Fleming to 180 days, 30 of which were suspended, followed by 18 months of supervised probation. He will receive credit for time served.

As part of his probation, the defendant must participate in a sex offender counseling group, alcohol and drug treatment programs and a mental health evaluation. He must also stay away from the victim and the location of the crime. However, he will not have to register as a sex offender.

Man Pleads Guilty to Mount Pleasant Homicide

Dedan Williams was initially charged with second-degree murder while armed for allegedly killing 38-year-old Andrew Tillman in the Mount Pleasant neighborhood of Northwest, DC. The 50-year-old defendant pleaded guilty to voluntary manslaughter while armed during a Feb. 8 hearing.

The two got into an argument in the third-floor hallway of an apartment complex at approximately 7:00 p.m. on Nov. 15, 2020. Williams pistol-whipped Tillman before chasing him down multiple flights of stairs with weapons in his hands. This caused Tillman to collide with multiple walls. Once outside, Tillman fell to the ground.

“While the decedent was on the ground, he slashed him twice,” the prosecutor said. “Responding officers saw the defendant outside the building with a gun in one hand and a knife in the other.”

As part of the plea agreement Williams took, parties agreed to recommend a sentence of exactly seven-and-a-half years in prison followed by five years of supervised release.

DC Superior Court Judge Rainey Brandt schedueld the defendant to be sentenced on April 13.

Decision Pending on Wired Plea Offer for Murder Defendants

Parties remain in discussions over a wired plea deal offered to two co-defendants in a murder case. The deal is conditional on both defendants accepting it.

Co-defendants Vorreze Thomas, Jr., 24, and Delonta Stevenson, 27, are charged in connection with the death of 32-year-old Terrance Allen. Allen was shot and killed on the 3000 block of Stanton Road, SE, on Jan. 18, 2021. The two defendants are charged with first-degree murder while armed but a plea offer for a lesser charge in on the table.

During a Feb. 7 hearing, parties said they are having difficulties coming to an agreement on if the offer should be accepted.

DC Superior Court Judge Marisa Demeo scheduled an additional hearing for March 30. Parties are expected to decide on the plea offer by that hearing.

Makie Theodros wrote this article.

Judge Denies Motions to Suppress Evidence Ahead of Murder Trial

Parties discussed multiple motions in preparation for when a defendant charged with murder in September 2014 finally goes on trial.

Mark Bowser is charged with first-degree murder while armed for his alleged role in the death of 39-year-old Tracy Womack. On Sept. 20, 2014, Womack was found on the bedroom floor of a housing complex on the 4600 block of Benning Road, SE. Her clothes were cut off and she was suffering from multiple stab wounds, according to court documents. Bowser, 42, was arrested the next day and has been detained ever since.

During the most recent hearing for this case on Feb. 1, the lead detective was brought into court to provide supplemental information regarding several eyewitness statements.

During cross-examination, defense attorney Dorsey Jones challenged the detective on several details of the witness’s statements. A witness who was present at the time of the crime was under the influence of PCP when he saw the accused in the victim’s apartment. Three other witnesses who were outside of the apartment directly after the incident were under the influence of alcohol. They were also shown a single picture to confirm the defendant’s identity, rather than a line-up.

Several of the eyewitnesses who identified Bowser at the crime had also seen him during a grand jury proceeding prior to identification. The defense argued that this causes an immediate bias creating an unfair relation to Bowser and the criminal image since he was in handcuffs and an orange jumpsuit at the time. Jones also pointed out that the lead detective had not seen Bowser since 2017, arguing that his identification of Bowser could not withstand a jury’s scrutiny.

The defense also asked to suppress evidence that before the homicide Womack allegedly became angry at Bowser for not having sex with him and touched her inappropriately while she was under the influence.

The defense argued this evidence had no pertinence to the trial. The prosecutor countered this, saying it showed that the victim was someone Bowser knew and that the homicide was not a random attack.

Finally, the defense wanted to exclude a notice barring Bowser from the housing complex the victim was found in. Once again, the prosecutor said this was a relevant submission to show that the defendant has been in the area before.

Once the examination of the detective had concluded Judge Milton Lee began in deciding key issues that had been brought up by Jones. Judge Lee said he has a responsibility to weigh the subjectivity of the issues brought up in the case against the relevance that they can influence a decision from the jury. He denied the motions to suppress any of the evidence dealing with eye witness testimony, leaving that up to jury interpretation once they hear both sides of the arguments.

The prosecutor also wanted to make it clear that they would be bringing in two expert witnesses who would give testimony dealing with DNA extraction. This would help to illuminate red stains found on the defendant’s clothing.

The trial is scheduled for March 16, almost eight years after Bowser was initially arrested. He is also charged with assault with a dangerous weapon and carrying a dangerous weapon in this case.

Multiple issues caused delays in bringing Bowser’s case to trial. In 2019, Bowser’s public defenders motioned to withdraw due to an agency-wide conflict, according to court documents. He was supposed to go to trial in April 2020, but his defense counsel asked for the trial to be postponed due to the COVID-19 pandemic. Then, in 2021, his lawyer and her second chair motioned to withdraw due to personal issues.

Parties are slated to meet in court again for a status hearing on March 3.

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