Murder Defendants Sentenced to 30 and 33 Years

Two co-defendants who were convicted of murder in the DC Superior Court’s first homicide trial of 2021 were sentenced to 30 and 33 years, respectively.

Nyekemia Everett, 36, and Malik Hewitt, 41, are convicted in the murder of 37-year-old Christopher Heard during an attempted robbery on April 27, 2017, on the 2300 block of Ainger Place, SE.

On July 26, a jury found Everett guilty of first-degree murder while armed, conspiracy, attempted robbery while armed, possession of a firearm during a crime of violence, fleeing a law enforcement officer and four counts of obstruction of justice. Hewitt was found guilty of felony murder while armed, conspiracy and attempted robbery while armed. Hewitt was also found not guilty of possessing a firearm during a crime of violence and first-degree murder while armed. Everett was found not guilty of two counts of obstruction of justice.

According to the prosecution, Heard was targeted because of the money he made selling PCP after falling on hard times.

No victim impact statements were read during the Oct. 19 sentencing hearing, but Judge Neal Kravitz said he had received and read emails from the victim’s family as well as the families of the defendants.

The prosecution requested a 47-year sentence for Everett since he was, in their words, the “architect of the plot.” They asked that Hewitt be sentenced to 37-and-one-third years for his role in contacting the victim and driving the getaway car.

Hewitt’s attorney, Nikki Lotze, argued that the mandatory minimum for first-degree murder, 30 years, was more than sufficient for her client. She said that there have been similar cases in which defendants have served far less time. Everett’s attorney, Michael Madden, argued that his client should not be punished for using his right to go to trial.

The prosecution said that, had the defendants taken a plea deal, they likely would have faced less time.

Judge Kravitz said that, while Everett is more culpable than Hewitt, the mandatory minimum sentence for first-degree murder made it impossible for him to address the difference in culpability in sentencing. He sentenced Everett to 33 years of incarceration followed by five years of supervised release with credit for time served. He sentenced Hewitt to 30 years of incarceration followed by five years of supervised release with credit for time served.

The defense counsel for both defendants said they are planning to appeal the convictions.

Document: October 15 Homicide

Metropolitan Police Department (MPD) detectives are investigating an OCt. 15 homicide.

At approximately 10:50 p.m. officers responded to the 1000 Block of 17^th Street, NE, due to a report of a stabbing. Upon arrival, police located 48-year-old Dabney Graham with stab wounds and transported her to a local hospital. On Oct. 18, she succumbed to her injuries, according to the press release.

Murder Case Set to Go to Trial in May

A DC Superior Court judge scheduled a trial for a defendant charged in the death of an 81-year-old man.

Tyrone Williams was charged with assault with intent to commit armed robbery for allegedly trying to rob Bobby Poole Jr. on March 29, 2020, on the 900 block of Eastern Avenue, NE. According to court documents, Metropolitan Police Department (MPD) officers found Poole lying on the ground bleeding from the head. After Poole died due to complications with a subdural hemorrhage due to blunt force trauma on May, 6, 2020, the robbery case was dismissed and Williams was charged with first-degree murder – felony murder.

During the Oct. 18 hearing, defense counsel Stephen Logerfo and Carrie Weletz said they spoke with the prosecution about why they have not indicted Williams. They also said they do not understand why it has taken so long.

The prosecution said they do not plan to indict until at least January 2022 but are willing to start a trial as soon as possible.

The prosecution said plea negotiations have taken place, but no official offer has been made. The defense said Williams is not willing to accept any plea offer.

Judge Juliet McKenna scheduled jury selection to begin on May 17, 2022. Parties expect the trial to take approximately three weeks.

Judge Sentences Murder Defendant to 40 Years

A DC Superior Court judge sentenced a murder defendant to 40 years in prison.

In February 2020, a jury found Herman Cook, Jr. guilty of first-degree murder while armed in the shooting of 45-year-old Donald Johnson Jr. on the 5700 block of George Avenue, NW, on Aug. 8, 2016. Cook, 50, was also convicted of possession of a firearm during a crime of violence and possession of a firearm with a prior conviction.

Johnson’s family was present in court during the Oct. 18 sentencing. His father said the defendant “does not deserve mercy” and called him a coward. Johnson’s mother said the defendant has broken her heart.

According to a Department of Justice press release, Johnson was struck once in the neck and twice in the back.

Johnson’s brother and sister also made statements. His sister called Cook a “danger to society”.

Cook made a brief statement, saying he did not plan on murdering Johnson. He said they had talked on the phone multiple times to discuss their disagreement and he had a lot to lose.

Defense attorney William Buie III said mutual friends of the defendant and the victim said they were like brothers, but there had been a disagreement between the two. Buie asked Judge Juliet McKenna to sentence the defendant to the minimum sentence of 30 years for first-degree murder while armed.

The prosecution, however, recommended a 40-year sentence. They said the case was unusual because, while most murder cases are young people acting reckless, Cook was in his mid-40s when he killed Johnson. The two had met in college and stayed friends for over 25 years. The prosecution said the defendant put other people, including children, at risk because of his actions.

Judge McKenna called the crime a “senseless act.” She sentenced the Cook to 40 years in prison for murder, seven years for the possession of a firearm during a crime of violence charge and three years for the unlawful possession of a firearm charge. The sentences are to run concurrent. The defendant was given five years of supervised release and must register as a gun offender.

Crime Alerts: October 18-19

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Oct. 18 and 9:00 a.m. on Oct. 19.

A crime alert was sent out at 10:27 p.m. due to a stabbing in the Unit block of Longfellow Street, NW. Police do not have information on the suspect(s).

A crime alert was sent out at 11:55 p.m. due to a shooting investigation in the 300 block of Bryant Street, NW. Police do not have information on the suspect(s).

Judge Sentences Sex Abuse Defendant

A DC Superior Court judge sentenced a man for two sex offenses involving underage victims.

According to the prosecution, the defendant, John Santiago, met the girls online and invited them to a hotel where he was staying while looking for permanent housing in DC.

“The real problem here is we have gotten to a place in this world where the internet allows us to do things like this,” Judge Milton Lee said.

Santiago, 44, was initially charged with first-degree child sex abuse and first-degree sexual abuse of a minor. In June, he pleaded down to attempted first-degree sexual abuse of a minor and attempted first-degree child sex abuse.

Judge Lee sentenced the defendant to two years, one of which was suspended, followed by three years of supervised probation for the attempted first-degree sexual abuse of a minor charge. For the attempted first-degree child sex abuse charge, Judge Lee sentenced him to 40 months, 20 of which were suspended, followed by three years of supervised probation.

The sentences will run consecutive, putting his total amount to serve at 32 months. The probation periods, however, will run concurrent.

During the Oct. 15 sentencing hearing, defense attorney Shawn Sukumar said his client would be better-rehabilitated by mental health therapy and spending time with his family, rather than prison time.

Sukumar also said that, unlike other child sex abuse cases he had seen before, this is not one where manipulation took place.

The prosecution said they do not have an issue with Santiago receiving counseling but, due to him appearing to have more encounters with the victims after finding out their age, they feel prison time is necessary.

Santiago will be required to complete a mental health evaluation as part of his probation. He must also complete sex offender treatment and remain employed.

Judge Lee also said Santiago is a good man and has come a long way since his initial arrest. The arrest, according to Judge Lee, was a day that turned around Santiago’s life and made him come to terms with his issues.

Santiago also spoke at the hearing and said he is remorseful for his actions.

No victim impact statements were read during the hearing, as they prosecution said they were unable to obtain any despite multiple attempts.

Document: Police Investigate Traffic Fatality

Metropolitan Police Department (MPD) detectives are investigating a traffic fatality incident that occurred on Oct. 17.

Police investigation revealed that at approximately 10:07 p.m. Gary Minor was walking across the road on the 3900 block of Benning Road, NE. The operator of a 2011 Ford Focus hit 73-year-old Minor and then stayed on the scene. Minor was pronounced dead on scene, according to the press release.

Parties Discuss Competency Issues in Child Sex Abuse Case

Parties discussed a child sex abuse defendant’s competency to stand trial during an Oct. 15 hearing.

The defendant is charged with first-degree child sex abuse of a victim less than 12-years-old. He picked up the case in April 2018.

The following August, the defendant was found incompetent to stand trial. In May 2020, he was released from St. Elizabeths Hospital, DC’s psychiatric institution, into the High Intensity Supervision Program. Then, on Oct. 7, 2020, he picked up a new case on a charge of armed kidnapping. He is now being held without bond in both cases.

Last June, DC Superior Court Judge Julie Becker found the defendant competent to stand trial in both cases following a report by the Department of Behavioral Health. Defense attorney Bernadette Armand, who is representing the defendant in both cases, disputed the findings and said she would seek a private expert to evaluate her client.

During the Oct. 15 hearing, Judge Danya Dayson raised concerns over adjudicating competency matters for two different cases with two different judges.

The prosecution suggested Judge Dayson take over for both cases because the defendant’s co-defendant in the sex abuse case does not have any other active felony cases. Judge Neal Kravitz is currently assigned to the kidnapping case.

“My understanding is that the earliest judge should have the case, and that would be the earliest judge of the co-defendant if the co-defendant has an older case,” Judge Dayson said.

The defendant is scheduled for a status hearing on Nov. 3 before Judge Kravitz. It’s expected that, once it is decided which judge will rule over the cases, a competency ruling will be made.

Document: Arrest Made in October 17 Homicide

Metropolitan Police Department (MPD) detectives have made an arrest in relation to an Oct. 17 homicide.

At approximately 5:13 p.m. police responded to the 2800 block of Alabama Avenue, SE, due to a report of a stabbing. Upon arrival, officers located 27-year-old Danielle Stuckey with stab wounds and transported her to a local hospital. She later succumbed to her injuries, according to the press release.

That same day, officers arrested 26-year-old Tywan Morris, and charged him with second-degree murder while armed, according to the press release.

Document: October 3 Homicide

Metropolitan Police Department (MPD) detectives are investigating an Oct. 3 homicide.

At approximately 11:44 p.m. police responded to the 3400 block of 13^th Place, SE, due to sounds of gunshots. Upon arrival, officers located two adult male victims with gunshot wounds and transported them to a local hospital for treatment, according to the press release.

On Oct. 17, one of the victims, 31-year-old Antonio McAllister, succumbed to his injuries. The second victim’s injuries were non-life-threatening, according to the press release.

Judge Sentences Homicide Defendant to Serve 8.5 Years

A DC Superior Court judge sentenced a defendant to serve eight-and-a-half years for stabbing a man at a metro stop.

Anthony Williams, 20, was fatally stabbed on Jan. 26, 2020, at the Union Station metro stop. Last June, 25-year-old Angel Moses pleaded guilty to voluntary manslaughter while armed in connection with his death.

Judge Yvonne Williams sentenced the defendant to ten years, 18 months of which were suspended, followed by five years of supervised probation.

Members of Williams’ family spoke during the Oct. 15 hearing. William’s cousin said the defendant has slandered the victim’s name and has no remorse for her actions. His sister said Moses will “always have a darkness in [her]”.

Moses also made a brief statement, saying she feels grief and remorse for her actions.

The prosecution said that Moses attacked Williams because of a drug dispute but later refuted her statement. Moses later said she was threatened by the decedent because he was a “big man” and she is a woman.

Judge Williams said she understood why, as a woman living on the streets, Moses would carry a knife, but pointed out that she initially approached the victim.

As part of her probation, Moses is required to receive a mental health screening and maintain or seek employment. She must also partake in drug testing and receive drug and mental health treatment as deemed necessary by the Court Services and Offender Supervision Agency.

Defense Requests Additional Discovery in Murder Case

The defense counsel in a murder case is requesting additional discovery before deciding whether to move to trial.

Demetrious Void, 34, is charged with first-degree murder while armed in the shooting of 24-year-old Anthony Lawson on the 6200 block of Eastern Avenue, NE, on Sept. 25, 2018.

The defendant is also charged with assault with a dangerous weapon while armed, possessing a firearm during a crime of violence, armed carjacking and unlawful possession of a firearm in this case.

Judge Danya Dayson offered parties an opportunity to set a trial date, but defense attorneys Matthew Davies and Will Alley said they are waiting for additional discovery materials from the prosecution before deciding whether to accept a plea agreement or move to trial.

Jude Dayson set another status hearing is set for Nov. 9.

Child Sex Abuse Defendant Retains Private Counsel

A defendant charged with first-degree child sex abuse retained private counsel during a hearing.

According to court documents, the 36-year-old defendant is accused of sexually abusing a young girl, to whom he is related by marriage, for multiple years beginning when she was in the 7th grade.

During the Oct. 15 hearing, Dominique Winters, a public defender, withdrew from the case. The defendant is now being represented by Samuel Adewusi, a private attorney.

Judge Danya Dayson also agreed to relax the defendant’s pretrial release conditions, removing him from the High Intensity Supervision Program. The defendant must also continue to abide by the conditions of his protective order.

Judge Dayson set another hearing for Feb. 4.

Crime Alerts: October 17-18

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on Oct. 17 and 9:00 a.m. on Oct. 18.

A crime alert was sent out at 10:27 p.m. due to a stabbing in the Unit block of Longfellow Street, NW. Police do not have information on the suspect(s).

Document: October 16 Homicide

Metropolitan Police Department (MPD) detectives are investigating an Oct. 16 homicide.

At approximately 9:43 p.m. officers responded to the 400 block of 12^th Street, SE, due to a report of a shooting. Upon arrival, police located 27-year-old Devante Waters with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

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