Crime Alerts: October 21-22

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Oct. 21 and 9:00 a.m. on Oct. 22.

A crime alert was sent out at 2:43 due to a robbery investigation on Massachusetts Avenue in Northeast. Police identified the suspect as a Black male wearing black pants.

A crime alert was sent out at 8:01 a.m. due to a stabbing investigation in the 800 block of 18 Street, NE. Police identified the suspect as a 5-foot 7-inch male who was approximately 200 pounds. He was wearing a green work vest and black pants.

Judge to Reconsider Compassionate Release Request for Convicted Murderer, Sex Abuser

A DC Superior Court judge granted a motion to reconsider a compassionate release request from a defendant serving time for a woman’s murder.

Joe Barber Jr. is serving a 20-year-to-life sentence for the murder of Rachel Minor, who was sexually assaulted and stabbed to death on New Year’s Day in 1984. Metropolitan Police Department (MPD) cold case investigators linked Barber to the murder in 2013. At the time, it had been less than a decade since he was released from prison after serving 19 years for attempted robbery as well as the rape of a 10-year-old girl.

Barber was convicted of first-degree murder while armed in 2016. He is now in his sixties and recovering from two recent strokes.

Last March, Judge James Crowell denied a petition for compassionate release made by defense attorney Deborah Persico on the grounds that the defendant had not adequately proven there is at least a 50 percent chance that he is no longer dangerous.

However, during an Oct. 20 hearing, Judge Crowell said he would now consider the defendant’s current health status as an indication of whether Barber is a danger to the community now.

According to new DC legislation, the severity of the crime is no longer relevant for motions for compassionate release.

“The law has changed dramatically in my view as to the statutory factors as well as the defendant’s physical condition, which doesn’t control but certainly informs the dangerousness and non-dangerousness burden the defense must prove,” Judge Crowell said.

Judge Crowell said he had previously applied the decision in U.S. v. Bailey, which dealt with a similar release issue involving a murder defendant with health problems. In that case, the DC Court of Appeals ruled that the defendant’s impairment alone cannot amount to proof that the defendant is no longer dangerous.

However, in her motion and during the hearing, Perisco took issue with citing Bailey’s case as a precedent when discussing release because her client has a much more extreme physical disability.

“Mr. Barber has far more compelling circumstances than Mr. Bailey even had,” Persico said. “Mr. Barber’s disabilities are more significant than those that Mr. Bailey has.”

Barber now lives with physical disabilities due to his strokes. He also has multiple other significant health issues that interfere with his daily activities and ability to do basic tasks for himself such as eating or moving.

“Your Honor said in your August order granting compassionate release that Mr. Bailey’s physical impairments did not alone demonstrate that he was no longer a danger,” Persico said. “In that respect, our position would be that Mr. Barber’s disabilities, given what [a doctor] has said about those disabilities, indicates that that disability alone demonstrates he is no longer a danger.”

The trial lawyer, who prosecuted Bailey in 2015, expressed frustration with the notion that the severity of the crime was no longer relevant in defining the dangerousness of the defendant, and that the only relevant factor is the severity of his current medical condition.

“The court doesn’t have the crystal ball, but that cuts both ways. He may never pose a danger to society again. That’s the risk we run with every defendant that is incarcerated,” she said. “But the problem here is that the risk to that of society is too great. If he chooses never to commit another crime, he’s serving out just punishment for a crime he’s already committed. He’s sick now, he gets to get out—it’s unfair to the victims and the government which has worked very hard to arrest and convict him of his crimes.”

Judge Crowell also raised the issue of jurisdiction because Barber’s case is pending an appeal. During the hearing, he said he would be able to make a ruling on the reconsideration motion in light of the pending appeal.

Judge Crowell granted Persico’s June 4 motion to reconsider the compassionate release request. Parties are waiting on the result of the appeal on Barber’s initial motion for compassionate release to schedule a further hearing.

If released, Barber would stay with his wife in Virginia. The couple was married in 2008 after Barber served time for his first conviction.

Document: October 9 Traffic Fatality

Metropolitan Police Department (MPD) detectives are investigating a traffic incident that occurred on Oct. 9.

At approximately 6:00 a.m. on Oct. 9 on the 1200 block of New York Avenue, NE, a vehicle hit a pedestrian who was on a crosswalk. The vehicle fled and the victim was transported to a local hospital, according to the press release.

On Oct. 20, the victim, 35-year-old Elizabeth Burdette, succumbed to her injuries, according to the press release.

Document: Arrest Made in 2020 Homicide

The Metropolitan Police Department (MPD) has made an arrest in relation to a 2020 homicide.

At approximately 6:58 p.m. on Aug. 9, 2020, police responded to the 2400 block of Franklin Street, NE, due to a report of a shooting. Upon arrival, police located an adult male inside a vehicle with gunshot wounds. He was transported to a local hospital, according to the press release.

On Aug. 16, 2020, the victim, 18-year-old Richard Bangura, succumbed to his injuries. On Oct. 20, 2021, MPD officers arrested a 16-year-old juvenile male and charged him with first-degree murder while armed, according to the press release.

Judge Continues Preliminary Hearing for Murder Defendant

A DC Superior judge continued a hearing to determine if a murder case has enough evidence to go to trial.

Bratrell Hawkins, 28, is charged with second-degree murder while armed in the shooting of 26-year-old Xavier Tate on the 1400 block of 3rd Street, SW, on Jan. 5, 2020.

During the Oct. 19 hearing, Judge Neal Kravitz determined that the prosecution did not violate Brady rules requiring the disclosure of exculpatory material to the defense.

According to court documents, before the shooting, a witness accused Hawkins of sexually abusing her while she slept, but he denied it.

A Metropolitan Police Department detective who interviewed witnesses said that, while one of the witnesses heard gunshots upstairs, they did not see the alleged sexual abuse.

Defense attorney Suen Pierce argued that his client had to act in self-defense to protect himself from others in the house after being accused of sexual assault. The prosecution, however, argued that Hawkins was retaliating against Tate for coming to the defense of the woman who Hawkins allegedly sexually abused.

Judge Kravitz scheduled the proceedings to pick back up on Oct. 25. Hawkins is currently being held at St. Elizabeths Hospital, DC’s psychiatric institution.

Document: Suspect Arrested in Assault with Intent to Commit First-Degree Sexual Abuse Offense

The Metropolitan Police Department (MPD) has made an arrest in relation to an assault with intent to commit first-degree sexual abuse offense on Oct. 4.

At approximately 5:30 p.m. in the 2000 block of G Street, NW, the suspect assaulted the victim with the intent to force the victim to engage in a sexual act. On Oct. 19, MPD officers arrested 27-year-old Omar Williams and charged him with assault with intent to commit first-degree sexual abuse while armed and aggravated assault while armed, according to the press release

As a result of the investigation, Williams is also being charged with second-degree theft, simple assault and burglary for two other unrelated incidents, according to the press release.

Judge Arraigns Homicide Defendant

A DC Superior Court judge arraigned a homicide defendant on seven counts.

The defendant, 47-year-old Raymond Davis, is accused of shooting 39-year-old Henry Hackett on June 3, 2020, on the 2000 block of Langston Place, SE.

During the Oct. 20 hearing, Davis was arraigned on charges of first-degree murder while armed, unlawful possession of ammunition, possessing a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, and destruction of property less than $1,000.

Judge Marisa Demeo scheduled the next hearing for Nov. 29. In the meantime, Davis will remain held at DC Jail.

Judge Continues Domestic Violence Case

A DC Superior Court judge continued an Oct. 20 hearing for a domestic violence defendant to give parties time to decide how they want to proceed with the case.

The defendant was charged with first-degree child sex abuse on Nov. 11, 2020.

Judge Milton Lee scheduled parties to reconvene on Dec. 8 to discuss the state of the case and the ongoing process regarding the exchange of evidence.

The defendant is currently released on his promise to return to court.

Case Acquitted: Judge Postpones Preliminary Hearing for Murder Defendant

Green was acquitted of the murder charge on Aug. 24, 2023.

A hearing to determine if a murder case has enough evidence to go to trial was postponed after the defense argued that the prosecution was unprepared to go forward with it.

Tamika Green, 35, is charged with second-degree murder while armed for allegedly shooting 37-year-old Bryan Tate Jr. on Feb. 20, 2020, on the 1600 block of 18th Street, SE.

The victim and the defendant were in a domestic relationship, according to court documents.

Defense attorney Kevann Gardner said the prosecution is not ready to go forward with the Oct. 18 preliminary hearing and requested his client’s release.

Gardner argued that Green’s belongings were illegally searched and that she was illegally detained. He also said the detective who would testify at the hearing does not know which evidence is inadmissible.

The prosecution opposed the release request, citing the evidence against Green, which they say is circumstantial, but strong. They also cited her previous arrest record, and said she exhibits “volatile and aggressive behavior.”

The prosecution referred to a previous assault case, but Gardner said the case occurred because Tate was attacking a member of her family with a broken glass bottle, prompting Green to brandish a knife.

Green cares for two members of her family, Gardner said.

Gardner also said Green was fed fish products in jail, despite notifying them she was allergic. At one point, the defendant had a severe reaction and was rushed to the hospital, he said.

Judge Juliet McKenna ultimately denied the defense’s request for a release. The preliminary hearing is now set for Nov. 2.

Man Killed in Officer-Involved Shooting

Metropolitan Police Department (MPD) Chief Robert J. Contee III informed the public of an officer-involved shooting on Oct. 18 that resulted in the death of a 30-year-old man.

Just after 11:00 p.m. on Oct. 16, police received a report alleging that 30-year-old Deandre Johnson had placed a firearm to a woman’s head and threatened her. Contee said there was a prior history of domestic violence between the two. Officers searched Johnson’s vehicle and found a pistol and extended magazine. Johnson was not on the scene and no arrest was made.

On Oct. 18 at about 4:35 p.m., officers responded to an apartment complex on the 1300 block of Congress Street, SE, to serve Johnson with a Temporary Protective Order, according to a press release.

After entering the apartment, officers decided to arrest Johnson for assault with a dangerous weapon.

After an officer began to place Johnson in handcuffs, he allegedly resisted, resulting in what Contee called “an intense physical struggle.” During the struggle, an officer’s Body Worn Camera (BWC) became deactivated and later reactivated.

Contee said he’s had the opportunity to watch BWC footage and receive an initial briefing from investigating officials.

“Based upon initial interviews, it was reported that Mr. Johnson grabbed one of the officer’s firearms while in the holster,” Contee said. “It can be heard on the Body Worn Camera on officer stating, ‘he’s got my’ while almost simultaneously an officer discharged their weapon, striking Mr. Johnson in the back.”

However, Contee said that the BWC footage does not “conclusively” show Johnson grabbing the gun from the officer’s holster.

Johnson did not have any weapons on him and no guns were found in the apartment, Contee said.

The incident is currently under investigation by the US attorney’s office and the three officers involved in the incident are on administrative leave.

Crime Alerts: October 19-20

The Metropolitan Police Department (MPD) sent out four crime alerts between 9:00 p.m. on Oct. 19 and 9:00 a.m. on Oct. 20.

a crime alert was sent out at 9:06 p.m. due to a robbery investigation in the 4500 block of Sheriff Road, NE. Police identified the suspect as a Black male wearing a slim build black mask, black and blue jacket and black and grey pants. He was armed with a black handgun and in a red Acura TL sedan.

A crime alert was sent out at 9:40 p.m. due to a shooting investigation in the 3400 block 13th Place, SE. Police identified the suspects as two Black males wearing all back clothing and driving a silver Van/SUV.

A crime alert was sent out at 9:41 p.m. due to a stabbing investigation in the 2700 block of Minnesota Avenue, SE. Police do not have information on the suspect(s).

A crime alert was sent out at 12:36 a.m. due to a robbery investigation in the 100 block of Florida Avenue, NE. Police identified the suspect as a Black male with medium-length dreadlocks and a black and blue jacket tied around his waist.

Document: Man Dies After Traffic Accident

A victim from an Oct. 16 traffic accident succumbed to their injuries.

A Metropolitan Police Department (MPD) investigation revealed that on Oct.16 at 10:30 a.m. a Yamaha TT-R215 dirt bike was travelling at a high rate of speed in the 4700 block of Southern Avenue, SE, at the same time as a Chevrolet Equinox. The driver of the dirt bike struck the passenger door of the Chevrolet vehicle as it attempted to make a left turn onto Boones Hill Road. The impact caused the driver of the dirt bike to be ejected, according to the press release.

The driver of the dirt bike, 21-year-old Shaun Robinson Jr, was taken to a local hospital where on Oct. 18, he succumbed to his injuries, according to the press release.

Document: Suspect Sought in Assault with Intent to Commit First Degree Sexual Abuse Offense

Metropolitan Police Department (MPD) detectives are investigating an assault with intent to commit a first-degree sexual abuse offense that occurred on Oct. 16.

At approximately 1:00 a.m. the suspect assaulted the victim with the intent to force the victim to engage in a sexual act. The suspect fled the scene and the victim was transported to a local hospital for non-life-threatening injuries.

The suspect was described as a male who was approximately 50-60 years old with a thin build and gray, unkempt hair. He was last seen wearing shorts and a blue surgical mask, according to the press release.

Judge Sentences Sex Abuse Defendant

A DC Superior Court judge sentenced a man for two misdemeanor sexual abuse charges.

In June, Quentin Mercer was charged with misdemeanor sexual abuse on the accusation that he groped a woman on the 4000 block of Minnesota Avenue, NE, on June 28. The following month, he was charged with second-degree child sex abuse on the accusation that he groped a 14-year-old girl in the same location on July 22.

After making a deal with prosecutors the 41-year-old defendant pleaded guilty to misdemeanor sex abuse in his first case and misdemeanor sex abuse of a child or minor in his second case.

During the Oct. 19 hearing, Judge Juliet McKenna sentenced Mercer to 120 days, all of which were suspended, plus five years of supervised probation for the misdemeanor sex abuse charge.

For the charge of misdemeanor sex abuse of a child or minor, Judge McKenna sentenced Mercer to six months, half of which were suspended, followed by five years of supervised probation. He will have the opportunity to petition to either terminate the probation altogether or to end the supervision after two years of compliance.

Since the defendant has been held at DC Jail since late July and will be receiving credit for time served, he is set to be released once he finishes the quarantine period he is currently in.

Mercer will also be required to register as a sex offender for 10 years and stay away from the location of the offenses. Mercer is also expected to comply with mental health services as part of his probation.

Although defense attorney Terrence Austin requested a shorter probation time, Judge McKenna granted the prosecution’s request for a five-year probation period due to Mercer’s past criminal record and the fact that he was on probation when he picked up the cases.

Document: Additional Arrest Made in Mass Shooting

Metropolitan Police Department (MPD) detectives have made an additional arrest in relation to a Sept. 4 mass shooting that killed three people.

At approximately 7:33 p.m. police responded to the 600 block of Longfellow Street, NW. On arrival, MPD found multiple gunshot victims. According to the press release, three victims were found dead on arrival, and three other victims were transported to hospitals with non-life-threatening gunshot wounds.

The three deceased victims were identified as Donnetta Dyson, 31, Keenan Braxton, 24, and Johnny Joyner, 37, according to the press release.

On Oct. 13, officers arrested 27-year-old Erwin Dubose, Jr., and 24-year-old Kamar Queen. They were charged with first-degree murder while armed, DC Witness previously reported.

On Oct. 18, officers arrested 49-year-old Toyia Johnson and charged her with accessory after the fact, according to the press release.

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