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Judge Denies Release of Child Sex Abuse Defendant, Citing Strength of Evidence

A DC Superior Court judge denied a request to release a child sex abuse defendant, citing the strength of the evidence against him. 

The defendant is accused of sexually assaulting a 13-year-old girl. The victim, equipped with a recording of an incident on her Discord account, fled her home to escape him and got in touch with law enforcement, according to court documents. The defendant was arrested within the day and has been held at DC Jail ever since. He is charged with first-degree sexual abuse and first-degree child sexual abuse.

Defense attorney Anthony Matthews requested his client’s release during a Feb. 7 hearing, pointing out his lack of a violent criminal record.  He argued that cases like this are routine and tend to have the same outcome.  He went on to assert that the defendant is not attracted to children because, if he had been, “why would he have waited until he was 60.”

“First-degree sexual abuse on a child with video evidence is hardly routine,” Judge Robert Okun responded.

The prosecutor objected to the release request, arguing that the nature of this case indicates the defendant’s danger to society. Judge Okun ultimately sided with the prosecution and chose to keep the defendant in jail. He also made it clear that due to the circumstances, the defendant may be charged with additional counts.

Matthews waived the defendant’s right to a preliminary hearing, which would have determined if the case has enough evidence to go to trial.

The next hearing is scheduled for March 17. Parties are expected to discuss a possible plea deal at that time.

Document: Victim Announced in February 7 Homicide

The Metropolitan Police Department has announced the name of a Feb. 7 homicide victim.

At approximately 9:15 p.m. officers responded to the 4200 Block of Edson Place, NE, due to a report of a shooting. They located 52-year-old Ernest Dorsey with gunshot wounds and brought him to a local hospital. He later succumbed to his injuries, according to the press release.

Defense Attorney Questions Document Redactions in Murder Case

A murder defendant’s attorney raised issues with redacted transcripts during the case’s most recent hearing.

Demetrius Void is accused of shooting 24-year-old Anthony Daniel Lawson to death on Sept. 25, 2018. A witness reported being told that Void pulled a gun on a family member at a gas station near the 6200 block of Eastern Avenue, NE, demanding the keys, according to court documents. Void, 34, then allegedly returned and shot Lawson.

The following April, Void was arrested and charged with first-degree murder while armed. He has been held at DC Jail ever since.

Defense attorney Matthew Davies raised issues with the redacted transcripts during a Feb. 7 hearing. Davies said that witnesses had been contradicting themselves in their testimony and would like to compare the initial interviews with detectives to the ones from the grand jury proceedings.

Davies has filed a motion to compel, which the prosecution opposes and plans to respond to in writing.

A formal plea offer hasn’t been extended but DC Superior Court Judge Rainey Brandt encouraged parties to discuss one before their next hearing, which is scheduled for March 24.

Plea Offer Open for Child Sex Abuse Defendant

Parties discussed a possible plea offer for a defendant charged with second-degree child sex abuse.

The 48-year-old defendant is accused of sexually assaulting a 15-year-old girl. According to court documents, when the victim attempted to stop him he allegedly said, “it’s gonna be quick, stop making noise.”

During the most recent hearing on Feb. 7, the defendant was appointed a new lawyer, David Vega. Vega said he plans on retaining a forensic psychologist to perform a risk assessment evaluation for the defendant. 

The prosecutor said they were in plea negotiations with the previous defense counsel and plan on continuing. They asked DC Superior Court Judge Robert Okun for a two to three-week continuance so the defendant could accept or deny the plea offer. However, Vega wanted a six to eight-week continuance since the risk assessment evaluation will take more than three weeks. 

After conversing in private and hearing the reasoning for both requests, Judge Okun decided that the risk assessment was not necessary for this case and sided with the prosecution on a shorter continuance. He scheduled parties to reconvene on March 2.

Prosecutor Anticipates Returning Indictment in Murder Case by the End of February

A prosecutor announced they plan on filing an indictment for a murder defendant by the end of the month.

On Oct. 1, 2020, Metropolitan Police Department officers found 42-year-old Arthur Daniels IV on the 6200 block of 8th Street NW, with multiple gunshot wounds. A witness reported seeing two teenagers shortly before he heard four to five gunshot wounds and saw Daniels lying on the ground, according to court documents.

Deon Walters, 18, was arrested two months later and charged with first-degree murder while armed. He has been in the custody of the Department of Youth Rehabilitation Services ever since.

During a Feb. 4 hearing, defense counsel raised concerns with the lack of an indictment more than one year after the case was opened. The prosecutor responded by saying they have a large amount of electronic evidence but should have an indictment returned by the end of the month.

They are also wary that the case may have a possible second defendant, halting the indictment.

The next felony status conference is set for March 2.

Judge Denies Murder Defendant’s Request to Withdraw Guilty Plea

A DC Superior Court judge denied a murder defendant’s request to withdraw his guilty plea.

During a hearing in February 2020, Elijah Jarmon pleaded guilty to second-degree murder while armed for the shooting of 18-year-old Taquan Pinkney on Sept. 9, 2018. As part of the plea deal, parties agreed to recommend a 12-year prison sentence.

Jarmon, 21, went on to request that he withdraw his guilty plea. When parties met to discuss the matter on Feb. 7, defense attorney Kevann Gardner said he wanted Jarmon “just to have his day in court” and understand what he is getting into.

Gardner said he was told by Jarmon’s former attorney that the defendant expressed his desire to withdraw his plea the day after it was made.

Judge Milton Lee considered the length of time between the plea proceedings and withdrawal request, as well as if Jarmon had confidence in his defense counsel. He ultimately decided to deny the motion. Jarmon is scheduled to be sentenced on March 22.

Document: Suspect Arrested, Charged With Murder

A suspect has been arrested and charged with second-degree murder while armed in a homicide that detectives believe was domestic in nature.

At approximately 11:16 a.m. on Feb. 5, officers responded to the report of an unconscious person. They found 32-year-old Passion Pleasant on Southbound 295 near East Capitol Street, SE, laying on the ground near a vehicle. She was suffering from stab wounds. Pleasant was pronounced dead on scene and an autopsy the following day determined the cause of death to be gunshot wounds, according to a press release.

Gregory Johnson, 30, was arrested on Feb. 5.

Defense Decides Not to Retest DNA Evidence Ahead of June Murder Trial

The defense team in a murder case said they will not be re-testing DNA evidence ahead of the trial.

On Jan. 15, 2019, police found 22-year-old Davane Williams lying on a sidewalk in front of the 1200 block of North Capitol Street, NW, suffering from multiple gunshot wounds. Tyree Irving was arrested the next month for his alleged role in the homicide and is currently charged with first-degree murder while armed, possessing a firearm during a crime of violence, unlawful possession of a firearm and obstruction of justice. Parties are now preparing for him to go on trial in June.

During the most recent hearing for this case on Feb. 4, parties confirmed that the prosecution conducted DNA evidence on a sweater and provided the defense with the results. Irving went under oath to waive his right to conduct independent DNA testing. 

DC Superior Court Judge Robert Okun scheduled parties to reconvene for a trial readiness hearing on April 22. 

Defendant Pleads Guilty to Opening Fire in Residential Area, Killing One

A defendant pleaded guilty to a lesser charge for his role in a 2020 homicide. 

On Oct. 9, 2020, Kevin Goggins and two other people exited a vehicle near the 1600 block of W Street, SE, and opened fire on a crowd of people. Yisa Jeffcoat, 28, died after one of the bullets struck him in the heart, according to court documents.

Goggins, 22, was arrested the following December and charged with first-degree murder while armed.

During his most recent hearing on Feb. 2, Goggins accepted an offer from the prosecution to plead down to voluntary manslaughter while armed. As part of the plea deal, parties agreed to recommend a prison sentence in the five to 30-year range.

Goggins and Jeffcoat allegedly had a conflict because the two were a part of rival gangs. The shooting was allegedly in retaliation for the July 1, 2020 murder of Goggins brother, 18-year-old Kelvin Goggins, according to court documents. Dohn Harmon, 22, was arrested for this homicide and is currently awaiting trial. 

Goggins is scheduled to be sentenced on April 4.

Murder Victim’s Sibling Speaks at Sentencing

A woman implored a DC Superior Court judge to impose a harsher sentence than what was outlined in the plea deal for the man convicted of killing her brother. 

On March 25, 2020, Zenus Epps was found on the 3500 block of A Street, SE, with a single gunshot wound to the head. The 33-year-old was pronounced dead at a local hospital. Eldred Watts, 28, was arrested one month later and charged with first-degree murder while armed.

As part of the plea deal, parties agreed that an appropriate prison sentence for this charge would be in the 10 to 13-year range. The prosecutor recommended a 13-year sentence while defense attorney Dana Page asked for 10 years. Page pointed out her client’s lack of criminal history and said his actions were not a reflection of his character.

Epps’ sister asked for a harsher penalty but Judge Neal Kravitz kept the sentence within the confines of the parties’ recommendation. He did side with the prosecution and hand down a 13-year sentence to be followed by five years of supervised release. Watts will receive credit for time served.  

The plea deal also addressed a case in which he was initially charged with assault with a dangerous weapon. In that case, Watts pleaded guilty to attempted armed robbery and was sentenced to five years. That sentence will run concurrently with the manslaughter sentence.

Plea Offer Under Consideration in Manslaughter Case

A man charged for his alleged role in a fatal stabbing that his counsel has described as self-defense received a plea offer from the prosecution.

On April 10, 2020, police found 33-year-old Cornell Mason laying on the living room floor of a residence on the 4000 block of Clay Place, NE, suffering from a stab wound to the neck. The following day, Mason succumbed to his injuries and Phillip Humphrey was arrested. Since then, the 46-year-old defendant has received a plea offer.

Defense attorney Ronald Resetarits has argued that Humphrey stabbed Mason in self-defense. His client was initially charged with second-degree murder while armed, but DC Superior Court Judge Neal Kravitz ruled that the case only has enough evidence to go to trial on the charge of voluntary manslaughter while armed during a preliminary hearing.

When parties in this case met on Feb. 3, the prosecutor said that if Humphrey pleads guilty to voluntary manslaughter, she will seek a sentence of two to 10 years in accordance with sentencing guidelines. She also will not seek an indictment on any greater charges.

The offer is under consideration but Resetarits first asked to receive more discovery evidence from the prosecution so the defense can access it as they consider what decision to make.

Resetarits also asked Judge Maribeth Raffinan to take his client off GPS monitoring. He said this request was denied a year ago but Humphrey has remained compliant with his pretrial release conditions since then. Still, the prosecutor said compliance should not mean his supervision becomes less strict. 

Judge Raffinan denied the request for now but told Resetarits to file a written motion.  

Parties are slated to reconvene for a felony status conference on April 22.

Judge Requests Written Motion Before Deciding On New Release Stipulations 

Parties debated taking a domestic violence defendant off of GPS monitoring during the case’s most recent hearing.

The defendant, who appeared in court remotely for the Feb. 3 proceedings, is charged with kidnapping. He faces the same charge in Prince Georges County, Md. Because of this, he is currently wearing two GPS monitors.

Defense attorney Sylvia Smith asked for the GPS to be removed. However, the prosecutor objected to this saying that if the Maryland court system also decided to take him off GPS monitoring the government would not be able to track him. The bodies in charge of pretrial supervision for the two states reportedly do not share this information.

DC Superior Court Judge Michael Ryan told Smith he will rule on a written motion once she files one.

Lawyers Battle Over Evidence During Failed Prelim for Murder Case

A preliminary hearing for a murder defendant held in jail since October was rescheduled because the defense claims the prosecutor failed to hand over evidence in time.

Nathan Hunter is accused of shooting 44-year-old Ronald McKnight in the DC International Hostel on the 1600 block of 7th Street, NW, on April 18, 2021. Hunter, 40, was arrested that same day and charged with second-degree murder while armed. Evidence in this case was supposed to be discussed during a Feb. 3 preliminary hearing, which instead became an in-depth discussion over why the prosecutor waited as long as he did to hand over Jencks material.

Defense attorney Frances D’Antuono said she received more than 100 pages of Jencks material, evidence that is favorable to the prosecutor’s case, the night before the hearing. This is despite a standing order that exhibits and Jencks material be exchanged by parties at a minimum of three business days before a preliminary hearing for cases in which defendants are detained.

Hunter’s other attorney, Thomas Healy, outlined this when he filed a motion for a postponement just before 8:00 a.m. on the day of the proceedings. The preliminary hearing was originally scheduled to take place in October but was rescheduled twice due to the defendant being quarantined at the DC Jail.

“There’s no excuse for this being disseminated the night before, no good excuse,” D’Antuono said when parties met in court.

The prosecutor responded that he was “late by the standing order but early by the statutory deadline.”

However, parties could not come to an agreement on how valuable the evidence actually was.

“The majority of the files are arrest photos, even though there are several hundred files there,” the prosecutor said. “I do not believe they are as substantial as the motion makes it out to be.” He said he did file some information a month prior, just not all of it.

The prosecutor went on to bring up a past issue of D’Antouno not providing evidence, but she had an explanation. The defense had told the prosecutor they were going to hand it over but since there was so much, it created technical issues. They were able to give it over just a few days later without issue.

“The government’s mischaracterizing the dissemination of our evidence,” D’Antouno said.

The prosecutor offered a compromise- if the judge was available, they could give the defense some time to go over the information then resume the hearing in the afternoon with the detective testifying that day and another hearing for cross-examination. The defense could review the evidence in the time in between. 

D’Antuono was not happy with this idea. She requested another hearing date entirely, refuting the prosecutor’s idea. 

“I am very prejudiced by this,” she said. “We worked very, very, very hard for Mr. Hunter to understand what testimony is going to be heard.” She said the evidence included information about witnesses talking about Hunter, and he needs to be prepared for that. 

“Honestly, I’m not sure how that would prejudice you,” said DC Superior Court Judge Robert Okun. “You would only be making objections that are separate from you having these materials and really you need to review these materials before questioning the witness.” 

But this is not the first time defense counsel has complained of issues obtaining evidence from the prosecution. Healy filed a motion to compel in January requesting transcripts of certain grand jury testimony and supporting documents related to a fingerprint exam report.

Judge Okun decided to reschedule the preliminary hearing for Feb. 11. The proceedings will determine if Hunter’s case has enough evidence to go to trial.

Domestic Homicide Case to Go to Trial in 2023

A man charged with manslaughter in his father’s death was scheduled to go to trial next year.

On Sept. 11, 2020, 49-year-old Stephen Macgruder was fatally shot in his apartment on the 700 block of 51st Street, NE. His son, 30-year-old Stephon Williams, was arrested that day and charged with second-degree murder while armed but DC Superior Court Judge Neal Kravitz ruled that the case only has enough evidence to go to trial on the charge of voluntary manslaughter while armed during a preliminary hearing in November 2020. Williams’ attorney, Jason Tulley, has argued that the shooting was self-defense.

When parties met on Jan. 31, Judge Milton Lee scheduled the trial to begin in July 2023. The prosecution is expecting an indictment soon, so Judge Lee also scheduled a felony arraignment for March 18.

In the meantime, Williams will remain released into the High Intensity Supervision Program.