Defense Argues for Separate Trials in Sex Abuse Case

A DC Superior Court judge continued a motion hearing for a sex abuse defendant whose counsel is requesting two separate trials for the allegations against him.

The defendant is indicted on 16 counts. According to court documents, he is accused of sexually abusing one victim on four occasions and another victim on one occasion. The defendant is related to both victims.

In a motion filed last April, the defense asked the court to sever the counts of the indictment and order one trial for the 14 counts involving the first victim and another trial for the two counts involving the second victim.

In the motion, the defense argued that a single, joint trial would prejudice the defendant, in part because he would not be able to present distinct defenses.

During the Oct. 13 hearing, defense attorney Christen Philips said that one victim did not come forward until after another victim did.

The prosecution, however, said the victim did not disclose the alleged abuse sooner because she initially told a parent, but was allegedly ignored. They also said that one victim’s alleged abuse is broader than the other’s.

Judge Marisa Demeo said she would like more time to go over both parties’ arguments and continued the motion hearing to Nov. 12.

The defendant’s trial is set to begin in December, and parties said they anticipate being ready for it. The prosecution said they have about 35 witnesses. Most of them are law enforcement. Four of them are expert witnesses and four or five are civilian witnesses.

The charges against the defendant include: first-degree sexual abuse, attempted first-degree sexual abuse, first-degree child sex abuse, attempted first-degree child sex abuse, second-degree child sex abuse, attempted second-degree child sex abuse and kidnapping.

Document: Suspect Sought in Homicide

Metropolitan Police Department (MPD) detectives are trying to identify a suspect in a homicide.

At approximately 1:12 a.m. on Oct. 8 officers responded to the 1200 block of Brentwood Road, NE, due to a report of a shooting. Upon arrival, officers located 36-year-old Robert Dupont with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

MPD has released surveillance camera footage in relation to the homicide, according to the press release.

Arson, Assault Defendant Set for Preliminary Hearing

A domestic violence defendant was scheduled for a hearing to determine if his case has enough evidence to go to trial.

The defendant is charged with assault with a dangerous weapon and arson. He is currently being held at DC Jail.

Defense attorney Brandon Burrell requested the preliminary hearing. DC Superior Court Judge Michael O’Keefe scheduled one for Oct. 22.

The prosecution said the discovery evidence has already been provided to the defense and a plea offer will be extended prior to the preliminary hearing. The prosecution also said they needed to consult a witness about their availability prior to the hearing.

Prosecution Plans to Retest DNA Evidence

The prosecution in a murder case plans to retest DNA evidence.

Khamari Perkins, 20, is charged with first-degree murder while armed for allegedly shooting 18-year-old Naseem Simpson on the 3000 block of 14th Street, NW, on March 15, 2020.

During an Oct. 13 status hearing, DC Superior Court Judge Neal Kravitz scheduled a hearing to take place on Jan. 14 following the results of the prosecution retesting DNA evidence. The prosecution plans to do the retesting at Signature Science, a lab in Virginia.

The prosecution expects to have the DNA results by December 2021. Defense attorney Kevann Gardner did not object to the testing.

Perkins’ trial is scheduled to begin in September. He is currently being held at DC Jail.

New Plea Offer Extended to Murder Defendant

A DC Superior Court Judge scheduled a status hearing for a murder defendant.

Paul Daniel, 41, is charged with first-degree murder while armed, possessing a firearm during a crime of violence and unlawful possession of a firearm in the shooting of 59-year-old Kevin Harrison on Jan. 16, 2019, on the 4000 block of Hayes Street, NE. He was arraigned in September.

The prosecution has placed a new plea offer on the record. Defense attorney Madalyn Harvey said she needs more time to consult with her client before a decision can be made.

Judge Marisa Demeo scheduled Daniel to return to court on Oct. 16. He is expected to accept or decline the plea at that time.

Judge Holds Two Domestic Violence Defendants During Presentments

A DC Superior Court judge held two domestic violence defendants and released one during presentments on Oct. 12.

A total of 27 defendants were brought before Judge Heidi Herrmann.

The two defendants held had charges including second-degree theft, simple assault and failure to appear. They are scheduled to return to court on Oct. 22 and Nov. 3.

The released defendant was charged with simple assault and is scheduled to return to court on Jan. 4.

Crime Alerts: October 12-13

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 pm. on Oct. 12 and 9:00 a.m on Oct. 13.

A crime alert was sent out at 10:44 p.m. due to a shooting in the 1200 block of Brentwood Road, NE. Police identified the suspects as two Black males with all-black clothing with black hoodies.

Material Witness in Murder Case Takes Stand

A material witness in a murder case testified in court after recent concerns over possible memory issues caused the trial to be delayed.

Edward Brown, 22, Steven Robin, 25, and Antonio McKenzie, 24, are charged with first-degree murder while armed in the shooting of 29-year-old Kenneth Poindexter on the 4700 block of Benning Road, SE, on Jan. 18, 2018.

Jury selection was previously set to begin on Sept. 27. However, on Sept. 22, the prosecution filed a motion to continue the trial, informing the court that a material witness had just told them she sustained a traumatic brain injury in 2019 and has “ongoing issues with recalling and recollecting events.”

During the Oct. 12 hearing, DC Superior Court Judge Dayna Dayson asked the witness about what she can and cannot remember in regards to police interviews and her previous testimony, but their dialogue was brief.

Defense attorneys Howard McEachern, Kristin McGough and Steven Kiersh informed Judge Dayson that they are waiting on the witness’ medical records, which they want reviewed by their expert witness to assess her reliability as a witness.

The prosecution said it is likely that there will need to be evaluations of this witness by experts from both sides.

D.C. Witness previously reported that, during a Sept. 24 hearing, the prosecution said they have obtained more than 400 pages of medical records, which they say show that the witness does not have significant memory problems. However, they said they want an expert neurologist to review the records.

The three defendants are now scheduled to go before a jury this coming February.

The three defendants are also charged with possession of a firearm during a crime of violence. McKenzie and Brown are charged with conspiracy to commit a crime of violence. Brown is also charged with prisoner escape.

Document: Victim Succumbs to Injuries Sustained in September Assault

Metropolitan Police Department (MPD) detectives are investigating an assault turned homicide.

At approximately 2:10 p.m. on Sept. 28 police responded to the 1300 block of Kalmia Road, NW, due to a possible assault. Officers located an adult male with assault-related injuries and transported them to a local hospital for treatment, according to the press release.

On Oct. 8, the victim, 76-year-old Luther Brooks, succumbed to his injuries. An Oct. 10 autopsy revealed the cause of death as blunt force trauma and the manner of death as a homicide, according to the press release.

Document: Suspect Sought in Death of On-Duty Special Police Officer

Metropolitan Police Department detectives are asking for the public’s help identifying and locating a suspect in connection with the fatal shooting of an on-duty Special Police Officer on Sept. 21.

According to a press release, at about 8:42 p.m. that day, officers responded to the 3300 block of 10^th Place, SE, for the sounds of gunshots. There, they found 41-year-old Angela Washington suffering from a gunshot wound. She was pronounced dead on scene.

Document: Arrest Made in September Homicide

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

At approximately 11:36 p.m. on Sept. 18 officers responded to the 2200 block of Savannah Terrace, SE, due to a report of a shooting. An adult male victim was located and pronounced dead on scene. A second victim was later located at a local hospital where he later succumbed to his injuries, according to the press release.

The victims were identified as 31-year-old Michael Pate and 28-year-old Djuan Proctor, according to the press release.

On Oct. 8, officers arrested 28-year-old Marquis Bullocks and charged him with first-degree murder while armed, according to the press release.

Man Sentenced After Sex Abuse Charge Dropped Per Plea Deal

A DC Superior Court judge sentenced a man after his sex abuse charge was dismissed as part of a plea deal.

The 32-year-old defendant was initially charged with simple assault and first-degree child sex abuse. Both charges were in relation to the same victim, a teenage girl. In August, the defendant pleaded guilty to simple assault in exchange for the sex abuse charge being dropped.

DC Superior Court Judge Marisa Demeo sentenced the defendant to six months, all of which was suspended, followed by 18 months of supervised probation.

During the Oct. 8 sentencing hearing, the prosecution read a victim impact statement from the defendant’s mother, in which she wrote that she wants her son “locked away forever.” She called him a “woman beater” and stated that he has not taken responsibility for his mental health issues.

The prosecution said the defendant has an extensive record of violent crime and a history of assaulting women. They also expressed concern for the community’s safety.

Defense attorney Madalyn Harvey said she was taken aback by the prosecution’s characterization of her client. Still, she said she appreciates them giving him another chance. She called him, “not a bad person, but a person who struggles.”

Harvey also called the statements from the defendant’s mother “heartbreaking” since her client struggles with his mental health. She said he previously refused to take medication because it made him sleepy, and he was homeless at the time.

The prosecution went on to clarify that they do not believe the defendant is an inherently bad person, but are just worried about the safety of the community.

The defendant’s probation will be supervised by the mental health unit of the Court Services and Offender Supervision Agency. Conditions of his probation include participating in a domestic violence intervention program, a mental health screening and evaluation and drug testing.

Domestic Violence Defendant Sentenced to 2.5 Years

A DC Superior Court judge sentenced a domestic violence defendant to serve two-and-a-half years for attempted assault with a dangerous weapon.

According to the prosecution, in November 2019, Joshua Austin threw a glass ashtray at his aunt after they began to have an argument. The ashtray shattered, lodging glass in her leg and face. From there, he attacked her as she ran into her bedroom. His aunt attempted to barricade her door as he proceeded to attack her. She escaped through her window and hid on the roof of her home until police arrived.

Austin’s mother barricaded herself in a closet and called the police during the assault, the prosecution said. When Austin was arrested some time later, officers found a switchblade and machete in his backpack.

“She no longer considers him family,” the prosecution said.

During the Oct. 8 hearing, Judge Rainey Brandt sentenced Austin to 30 months of incarceration followed by three years of supervised release.

The prosecution said Austin has a lengthy criminal record, which includes assault and robbery.

Defense attorney Wole Falodun said that, from the time he has spent with Austin, he truly believes his client is sorry for his actions. He also said his client has a family history of mental health issues.

Falodun also said Austin is showing an acceptance of responsibility for his actions by taking a guilty plea and not going to trial, preventing his aunt and mother from the potential pain of testifying in front of a jury.

“I just want another chance to show my family that I can be a productive citizen,” Austin said. “I just want to show people what I can be.”

He could be seen choking up during his statement.

Judge Brandt said Austin’s godfather described him as, “very intelligent and manipulative.” She also said he has appeared emotional in front of other judges when his case does not go the way he wishes.

“I think Mr. Austin wants to be a better person but that is in conflict with something else,” she said.

Austin is also scheduled to appear in court on Dec. 8 for a jury trial for an alleged robbery on Oct. 30, 2019.

Document: Homicide in the 4200 block of Kansas Avenue, NW

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

At approximately 8:00 a.m. police responded to the 4200 block of Kansas Avenue, NW, due to a report of an unconscious person. Upon arrival, police located an adult male with stab wounds and pronounced him dead on scene.

MPD did not initially release the name of the victim but later identified him as 32-year-old Michael Stroops, according to the press release.

Document: Three Homicides on October 8

At approximately 1:12 a.m. officers responded to the 1200 block of Brentwood Road, NE, due to a report of a shooting. Upon arrival, officers located 36-year-old Robert Dupont with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

At approximately 3:23 p.m. officers responded to the 3900 Block of South Capitol Street, SW, due to the report of a shooting. Upon arrival officers located 33-year-old Lester Mangum inside of an establishment with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

At approximately 8:14 p.m. police responded to the 1700 Block of Independence Avenue, SE, due to a report of a shooting. Upon arrival, police located two adult males with gunshot wounds. One, 23-year-old Giovanni Lovelace, was pronounced dead on scene. The other was taken to a nearby hospital for non-life-threatening injuries. Two other adult male victims were located at a local hospital and treated for non-life-threatening injuries, according to the press release.

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