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Amid Release Requests, Plea Offer for Murder Defendants Remains on the Table

Prosecutors are keeping a plea deal for two murder co-defendants on the table until the next status hearing in January. In the meantime, the defendants’ lawyers are seeking their clients’ release based on the conditions of confinement at DC Jail.

Co-defendants Derrick Kearney and Daquan Anglin face murder charges for their alleged roles in the shooting of 26-year-old Devonte Speight on the 1800 block of Maryland Avenue, NE. The two are indicted on eight different counts in relation to the homicide that occurred on April 29, 2020. 

Kearney’s attorney Lawrence Kupers, and Anglin’s attorney Dominique Winters also made arguments for their clients’ release from DC Jail during the Dec. 10 proceedings. DC Superior Court Judge Neal Kravitz said he has spent a lot of time presiding over trials since emergency release motions started being filed in cases following the U.S. Marshals Service’s findings on the facility’s conditions. While he would not make a ruling that day, he still agreed to hear arguments.

“I think the court has a duty and an obligation to make sure its detention order is being applied competently and in a constitutional manner,” Winters said.

Winters said the “harsh reality” is that “DOC is not doing much of anything to address these conditions.” 

The prosecutor said if the 26-year-old defendants plead guilty to voluntary manslaughter while armed, they will dismiss all remaining charges. The plea deal does not include an agreed-upon sentencing recommendation. 

A condition of the plea is that both men have to agree to it. The prosecutor said they will keep the offer open until the next status hearing on Jan. 13.

Kearney and Anglin will remain at DC Jail as they await a ruling on the motion.

Judge Finds Substantial Probability in Mass Shooting Case

A DC Superior Court judge found substantial probability cause in a mass shooting case where the defendant is accused of killing 6-year-old Nyiah Courtney.

Marktwan Hargraves is charged with second-degree murder while armed for allegedly shooting Courtney and five others on the 2900 block of Martin Luther King Jr. Avenue, SE. Courtney’s parents were two of the five shot during the mass shooting on July 17.

Hargraves was on release in a weapon possession case in Maryland at the time of the shooting.

Both parties examined a Metropolitan Police Department (MPD) special victims officer who handled the case during the Dec. 9 hearing. The prosecution began by asking about evidence linking him to the shooting. Cell phone data was shown from Hargraves’s phone showing that it was turned off shortly before the shooting and turned back on shortly after. The cell phone was linked to Hargraves through a text message that had been sent with a job application that stated his name. He also showed the cell phone to call someone after the shooting, telling them he felt bad for a recent event.

The MPD officer testified that calls went to voicemail during this time, confirming that his phone was off.

The MPD officer explained how they had been made aware of how two groups that intersect in that area had been beefing leading up to the shooting, which helped form a motive. She noted that Courtney may not have been the target, even though she was killed in the shooting.

An audio recording of Hargraves allegedly telling a witness that the car was blown up was played. The officer testified about this evidence and how it links Hargraves to the car since it matches surveillance footage of the scene of the shooting. A witness said she owned the car but lent it out to Hargraves.

The prosecution was able to link Hargraves to the alleged murder weapon through his phone communications. Hargraves allegedly attempted to sell the gun online after the shooting. The officer said the bullet casings found in the shreds of the car and the gunshot wounds matched the weapon.

Background objects such as a comforter and gaming controller in the photo of the gun were linked to Hargraves. When he was arrested, the room he was staying in had the same comforter and controller.

Surveillance video of Hargraves and another suspect shows him after the shooting, wearing specific clothing. Shoes and other items from the picture were also found in the room where the comforter was seen.

During defense attorney Terrence Austin’s cross-examination, he focused his questioning of the MPD officer on the witnesses, and how nobody at the scene could identify Hargraves. He also asked about the clothing obtained from arresting Hargraves. The MPD officer said they did not obtain the hat or jeans found in surveillance footage of him and another suspect.

He also asked the MPD officer about one of the witnesses, who said she saw the car on Instagram with another person and not Hargraves.

Austin inquired on how the officer was able to find out about two groups beefing in the area. She said they had “previously learned about factors and beef” from police intelligence.

He also asked about the selling of the gun. The officer said witnesses told MPD that Hargraves was known to put guns “on the market” to buy and sell.

After a short break, Judge Marisa Demeo found substantial probability. She said that turning off his phone indicates he was aware beforehand that the shooting was about to happen.

Finishing her statement, Judge Demeo said this is “one of the most dangerous types of crimes in our community.”

Hargraves will continue to be held without bond at DC Jail. He is scheduled to return to court on Feb. 11 for a felony status conference.

Trial Review: Defendant Acquitted of All Counts in Murder Case

After more than four years of pretrial detention, several weeks of trial proceedings and two days of jury deliberations, a jury found 33-year-old Dewayne Shorter not guilty on all counts in the shooting of Daniel Parker on July 26, 2017.

Shorter was charged with first-degree murder while armed, five counts of possessing a firearm during a crime of violence, four counts of assault with intent to kill while armed and unlawful possession of a firearm with a prior conviction.

All charges against him, in this case, were dismissed on Dec. 9. 

The prosecutors argued that Shorter killed 38-year-old Parker in an act of retaliation after Parker allegedly shot Shorter a few months prior to the homicide. 

After Parker was killed, the doctor who performed his autopsy could not count the exact number of entry and exit wounds he sustained since he had been shot so many times.

Parker’s fatal shooting took place on the 2000 block of Fairlawn Avenue, SE. During the trial, Parker’s brother said he saw Shorter at the scene of the crime and allegedly told the brother “you got bodies, I got bodies.” Parker’s brother said “having bodies” means to kill someone, but denied having ever killed someone himself.

Defense attorney Jon Norris told the jury during his closing arguments that prosecutors had built their case around Parker’s brother’s testimony and the alleged statement about “having bodies.” 

“What you just heard is a case based on falsehood,” he said.

The prosecution was unable to use DNA evidence to point to Shorter as the shooter. During their closing arguments, they told the jury that not every case needs to have DNA evidence. Instead, their arguments focused on the strength of the witness testimony. One of the witnesses was allegedly told by Parker that if anything happens to him, Shorter was to blame. 

A total of 24 witnesses testified during the trial. Norris called an eyewitness – a neighbor who had seen someone leaving the area of the shooting. He said he saw an individual with a light complexion holding a long firearm. He went on to testify that he knew Shorter and would have known if the person he saw was him. 

A member of Parker’s family testified about a conversation between two people at the crime scene, which could be seen in Body Worn Camera footage.

Parker’s family member testified, saying that she had spoken to one of the individuals who was seen conversing at the scene of the crime and they said to her that the other person had requested that she give the police an inaccurate description of the suspect, D.C. Witness previously reported. The victim’s family member also said during the trial that she had spoken to both individuals days after the shooting. Both had told her that Shorter was the shooter, but Norris questioned the legitimacy of these claims since she said she was only relaying what she heard from other people. 

“Mr. Shorter is innocent,” Norris told the jury. Shorter was found not guilty of all counts.

Document: Woman Arrested for Murder

A woman has been arrested for second-degree murder while armed in connection with a Sept. 5 homicide.

According to a press release, at approximately 11:53 a.m., officers responded to the 1300 block of Congress Street, SE, for the report of a shooting. There, they found 37-year-old Tarshaqua Chappel. suffering from apparent gunshot wounds. She was pronounced dead at a local hospital.

Chakeatia Jackson, 37, was arrested on Dec. 9.

Defense Counsel, Jail Representative Argue Over Defendant’s Medical Care

With a trial approaching in June, a defense attorney said she cannot meet with her client because the Department of Corrections (DOC) is not providing him with a wheelchair that they reportedly determined he does not need.

The defendant was not present for the Dec. 8 proceedings. He is currently detained at DC Jail as he awaits trial on charges of first and second-degree child sex abuse.

Defense attorney Jacqueline Cadman said the defendant fell at one point and has been complaining of problems with his leg. She said he cannot walk but is not being provided with a wheelchair, precluding him from attending legal visits or taking care of himself. His feet have also turned a different color, she said.

Cadman also said DOC staff previously brought him to her in a wheelchair, but she was later told this was unauthorized and should not have happened. 

A representative with the DOC told DC Superior Court Judge Milton Lee that the defendant has been seen by DOC medical staff on multiple occasions and refused them at one point. He said an x-ray found no issues and that staff gave him ibuprofen and ice but found no reason he needed a wheelchair. 

Cadman asked Judge Lee to transfer her client from the Central Detention Facility (CDF) to the Correctional Treatment Facility if CDF cannot give him a wheelchair, but the DOC representative said they found no reason he would need that, either.

“We can’t have the stalemate,” Judge Lee said. He asked that the defendant been seen again and that his more recent medical records be sent to him so he’d have them for when parties reconvene to continue discussing the issue on Dec. 16.

Cadman motioned for her client’s release in November, but the request was denied.

D.C. Sees Lowest Homicide Rate in 2021

November had the lowest homicide count in 2021, with only ten in total, according to D.C. Witness data.

One homicide victim recently had a homicide case of his own dismissed in the DC Superior Court. Antonio Deshaun Gladden was previously charged with second-degree murder while armed for allegedly shooting 36-year-old Marcus Wallace on the 1400 block of L Street, SE, near the Navy Yard on Nov. 21, 2020. Less than a year later, the 22-year-old’s charges were dismissed and he was released from DC Jail.

On Nov. 26, Gladden was shot and killed on the 2300 block of 25th Street, SE.

Gladden was one of the seven people killed in a shooting in November. Three others were stabbed to death including Chanea McLaughlin, the only woman killed in November.

On the afternoon of Nov. 12, officers were flagged down to the Unit Block of Florida Avenue, NW, due to a reported assault. They found 35-year-old McLaughlin suffering from stab wounds and transported her to a local hospital where she later succumbed to her injuries, according to the press release. An arrest has not been made in relation to her death.

November saw six arrests in relation to homicides. MPD Police Chief Robert J. Contee III held a press conference for one of them on the eve of Thanksgiving.

Chief Contee announced on Nov. 24 that 25-year-old Dearay Anthony Wilson had recently been arrested and charged with second-degree murder in relation to the shooting of 53-year-old Peace Corps Executive Jeremy Black. Black was leaving a restaurant with his wife and their friends on the 1400 block of R Street, NW, on June 29 when he got caught up in gunfire. Wilson and other individuals were engaging in ” reckless behavior” while shooting on the street, Chief Contee said. They are still looking for additional suspects.

An arrest was made in a homicide case that has been open for nearly two years. On Nov. 15, 24-year-old Robert Hunter was charged with second-degree murder while armed for allegedly killing 26-year-old Andre Carroll on Dec. 26, 2019, in the 1800 block of Corocan Street, NE.

The average age of homicide victims in November was 36, which is well above the yearly average of 33.

Ward 8 had the most homicides, with four in total. Wards 7and 5 tied for second with two homicides each. Wards 1 and 6 both had one homicide each. All other wards did not have any homicides.

Murder Defendant to Remain Detained Despite Concerns Over Jail Conditions

A DC Superior Court judge denied a murder defendant’s emergency release request. 

Davon Patterson, 30, is accused of shooting 46-year-old Bryant McClain on the 800 block of Crittenden Street, NW, on June 8, 2019. 

Defense attorney Pierce Suen filed the motion on Nov. 3, citing the U.S. Marshals Service’s findings during an unannounced inspection of the DC jail. Patterson has been held there since his arrest in March 2020. 

In the bond review motion, Suen argues that the facility’s conditions violate Patterson’s due process rights. 

The prosecution filed their opposition to the motion on Nov. 12. Judge Milton Lee sided with the prosecution, denying the defense’s request during a Dec. 7 hearing. 

Patterson is indicted on charges of first-degree murder while armed, posessing a firearm during a crime of violence and unlawful posession of a firearm with a prior conviction. He is scheduled for a felony arraignment on Dec. 14.

Metropolitan Police Department Officer Arrested for Child Sex Abuse

A Metropolitan Police Department (MPD) officer was arrested for first-degree child sex abuse on Dec. 6.

The 49-year-old Maryland resident had been employed with the MPD since 2001, according to a press release.

“His police powers had been revoked and in a duty status that does not require him to interact with the public,” the press release states.

The suspect is accused of sexually abusing a juvenile female victim between September 2005 and June 2006. The allegations were investigated by the MPD’s Internal Affairs Division.

Seven Witnesses Testify During Murder Trial

Seven witnesses testified during the second day of a murder trial for the fatal shooting of an 11-year-old in the summer of 2019.

Tony McClam is charged with first-degree murder while armed in death of Karon Brown on July 18, 2019, on the 2700 block of Naylor Road, SE. A Metropolitan Police Department detective, a Prince George’s County, Md. police officer, a Metro Transit police officer, a U.S. Marshal, a neighbor of McClam and a member of the Washington Metro Transit Authority digital video evidence unit all testified during the second day of McClam’s trial.  

The prosecutor asked each of the witnesses to identify the defendant and verify numerous pieces of video evidence. The prosecutor showed surveillance footage of the shooting and surrounding areas taken from a gas station, a grocery store and a metro bus. 

Defense attorneys Jason Tulley and Aubrey Dillon did not cross-examine all of the witnesses. But during their questioning of McClam’s neighbor, who first identified McClam as the suspect to police based on images MPD released hours after the shooting, they questioned why he was able to identify McClam from a picture even though it was blurry. 

The prosecution is planning to call more witnesses when proceedings pick back up on Dec. 8, including someone from the Department of Forensic Science. The prosecution said that they are expecting to rest their case on Dec. 14.

Document: 17-Year-Old Victim Succumbs to Injuries

Metropolitan Police Department (MPD) investigators are investigating a Dec. 3 homicide.

At approximately 3:42 p.m. officers responded to the 1700 block of Capitol Avenue, NE, due to a report of gunshot sounds. Upon arrival, officers located 17-year-old Larelle Washington with gunshot wounds and transported him to a local hospital.

On Dec. 6 Washington succumbed to his injuries, according to the press release.

Judge Denies Request to Release Murder Defendant From Central Treatment Facility

A murder defendant was denied release from the Central Treatment Facility.

According to court documents, 22-year-old Joseph Simmons sustained multiple gunshot wounds to his back when he was across the street from an elementary school on the 2800 block of Alabama Avenue, SE, on Jan 3. Rashon Hall is charged with first-degree murder while armed in Simmons’ death.

The 26-year-old defendant is being held at the Department of Corrections’ (DOC) Central Treatment Facility and is awaiting indictment. 

Defense attorney Dana Page filed an emergency release motion based on conditions of confinement in November, but Judge Danya Dayson denied it. During the Dec. 7 hearing, she renewed her request for Hall’s release.

Page previously told the court that her client informed her of mold growing in his cell. On Dec. 7, a representative for the DOC said after he requested an inspection of Hall’s cell mold was found.

Hall has since been moved to a different cell.

Page argued Hall should still be released. She said she does not have confidence in the DOC’s ability to care for her client’s medical needs, including when it comes to getting him his pain medication.  She said in a previous hearing that he was not receiving his daily medication. While Page says he did receive the medication again, she raised doubts over if the DOC could be relied on to consistently give him the medication going forward.

Still, Judge Dayson was unwilling to release Hall.

Instead, he will remain in the facility to await his next hearing on Feb. 25.

Document: Two December 6 Homicides

Metropolitan Police Department (MPD) detectives are investigating two different homicides that occurred on Dec. 6.

At approximately 8:39 p.m. officers responded to the intersection of Suitland Parkway and Stanton Road, SE, due to a report of a shooting. Upon arrival, officers located 27-year-old Stephon Franks and transported him to a local hospital. On Dec. 7 he succumbed to his injuries, according to the press release.

At 11:25 p.m. officers responded to the 1200 block of Mount Olivet Road, NE, due to a report of a shooting. Upon arrival, officers located 21-year-old Derico Justice Miles with gunshot wounds and pronounced him dead on scene, according to the press release.

Judge Pushes for February Indictment in 2020 Murder Case

Prosecutors are aiming to indict a murder defendant by the time of the next scheduled hearing in February.

William Whitaker is charged with first-degree murder while armed in the death of 18-year-old Malick Cisse on Jan. 8, 2020, on the 1300 block of 7th Street, NW.

According to court documents, Cisse walked alone to the area of the Mount Vernon Square Metro station around 11:22 p.m. after a woman believed to be Whitaker’s significant other asked him to meet her on the train. When he arrived, the woman was not there. 

As Cisse was walking back to his residence, a suspect believed to be Whitaker drove up in a car and allegedly shot him in the back of the head at approximately 11:31 p.m. Cisse was pronounced dead shortly after midnight.

The woman in the incident was Cisse’s former significant other who had left him to be with Whitaker, according to a video that Whitaker took of Cisse on the metro. In the video, Whitaker is taunting and harassing Cisse with the caption “b**** a** n**** be in they rap you loose shawdy don’t day s*** to me b**** a**” [sic]. 

In the video, Cisse reportedly told Whitaker he caught him at a time he didn’t have his gun on him, according to court documents.

Twenty minutes after the shooting, Whitaker himself was shot on the 400 block of Chaplin Street, SE, in what MPD believed to be an act of retaliation. Police linked the two incidents using surveillance footage and social media.

The woman in the incident claimed to have not been picking sides between the decedent and the defendant. She said her phone was hacked when Cisse was called to Mount Vernon Metro station, but a police investigation into her Instagram account shows frequency activations, deactivations and group chats in which people are talking about her being the last one to talk to the victim. She not only told MPD she was hacked, she also told her group chats when they asked about the victim’s death.

In November, defense attorney David Benowitz motioned to modify Whitaker’s bond due to what he calls inhumane conditions at the DC Jail. Arguments regarding the motion were made outside open court.

DC Superior Court Judge Milton Lee continued the case to allow prosecutors to work on returning an indictment. Whitaker is expected to return to court on Feb. 6.

Judge Finds Probable Cause in Murder Case

A DC Superior Court judge ruled that the case of a fatal shooting one fall afternoon in Bellevue has enough evidence to go to trial.

Kavel Miller could not waive his right to a preliminary hearing because his competence to stand trial is currently in question and he is being held at St. Elizabeths Hospital, DC’s psychiatric institution.  The 21-year-old was found mentally incompetent in two misdemeanor assault cases he picked up before being charged with first-degree murder while armed for allegedly shooting 33-year-old Lester Mangum on the 3900 block of South Capitol Street, SW, on Oct. 8. 

The lead Metropolitan Police Department (MPD) detective on the case took the witness stand, explaining the shooting from beginning to end. The detective identified an individual in surveillance footage as Miller.  

The prosecutor asked the detective about surveillance video taken before the shooting. The video shows Miller with a group of people nearby the shooting. He leaves the area and goes to a street nearby the shooting, where he starts to follow Mangum to the corner of South Capitol and Atlantic Street. From here, the detective was questioned on multiple different clips of security footage showing different angles of the street corner where Miller allegedly followed Mangum. 

Miller “narrowed the distance and quickened his pace,” according to the prosecutor.  

A Metrobus security tape was then shown from multiple angles and a gunshot sound was heard on the tape right as Miller was closest to Mangum. The footage shows Miller allegedly getting close to Mangum and brandishing a gun from his side. 

“He has his right hand by his side as he is walking by the decedent,” the detective said. 

The detective confirmed that when the gunshot happened, both Miller and Magnum ran opposite ways. 

Miller ran off, back in the direction he originally came from and Mangum went forward and into a nearby shop where people were standing outside. MPD officers later found Mangum in this shop and transported him to a hospital where he died, according to court documents. 

Photos of Miller’s home were shown. These photos show a gold and black hoodie, black and white shoes and black pants that were recovered via a search warrant. The detective was able to confirm that these were the same clothing items worn by Miller in the surveillance tapes. 

Defender attorney Errin Scialpi argued that Mangum was fatally shot in self-defense because he had a gun on him at the time of the shooting. There was also no evidence of a relationship between the two, showing a lack of motive for Miller to kill him, Sciapli argued.

The prosecutor rebutted, arguing that if the shooting was self-defense, there would have been evidence Mangum fired his weapon.

Judge Juliet McKenna did not find probable cause and said the idea of self-defense was “simply just not persuasive.” 

Scailpi asked for Miller to be released from St. Elizabeths to his live with his family.

“He has a very strong community,” she said, noting how he had a family member in the courtroom’s gallery.

She said Miller was already on supervised release for two misdemeanor assault cases for which he was not in compliance leading up to the shooting so no combination of conditions could ensure safety with his release. 

A mental observation hearing for this case is scheduled for Dec. 21.