Crime Alerts: November 22-23

The Metropolitan Police Department (MPD) sent out four crime alerts between 9:00 p.m. on Nov. 22 and 9:00 a.m. on Nov. 23.

A crime alert was sent out at 9:12 p.m. due to a robbery investigation in the 1300 block of Columbia Road, NW. The first suspect was identified as a 20-year-old Black male in a Puma black sweatshirt, grey sweatpants, Nike sneakers and a black mask. The second suspect was identified as a Black male in black jeans, a dark grey army fatigue jacket and black sneakers.

A crime alert was sent out at 9:34 p.m. due to a robbery investigation in the 600 block of Farragut Street, NW. Police do not have information on the suspect(s).

A crime alert was sent out at 10:56 p.m. due to a shooting investigation in the 4700 block of South Capitol Street, SE. Police do not have information on the suspect(s).

A crime alert was sent out at 11:14 due to a robbery investigation on the corner of 10th and Rhode Island Avenue, NW. Police identified the suspect as a Black male who was approximately 18-30 years old wearing a dark sweatshirt and ski mask.

Homicide Victim’s Father Asks for Harsher Sentencing Guidelines

A homicide victim’s father asked a DC Superior Court judge for the man now convicted of killing his son to face a harsher sentence than that outlined in his plea deal.

On Oct. 24, 2018, 22-year-old Roger Marmet was found in a vehicle on the 1200 block of 17th Street, NE, suffering from a gunshot wound. He was taken to a nearby hospital where he succumbed to his injuries, according to court documents. Barry Marable was later charged with first-degree murder while armed in connection with the shooting.

The 25-year-old defendant pleaded down to voluntary manslaughter while armed after making an agreement with prosecutors. His plea deal includes an agreement between parties that an appropriate sentence would be five to 30 years of incarceration.

Marmet’s father and a family attorney, William Lawler, attended the Nov. 19 hearing and asked to speak to the court regarding their opinion on the plea agreement and the United States Attorney’s Office (USAO).

“I don’t think they have a right to speak at a guilty plea [or] object to the terms of the plea agreement,” DC Superior Court Judge Neal Kravitz said.

Ultimately, Judge Kravitz allowed Marmet’s father to speak.

“My son deserved the right to live,” he said. “But he was killed at 22-years-old and the US Attorney’s Office does not care. They are worried about expediency. Hold USAO accountable to do their jobs.” Marmet’s father also accused the USAO of having “devalued and disrespected” his son.

“I am here to ask the court to carefully review the facts of the case because USAO is not. [Marable] should be properly held accountable for his deliberate actions,” he said. “I only want USAO to do their jobs… This plea is not reasonably just… The facts of the case do not fit the agreement made.”

The prosecutor responded by saying they do believe it’s appropriate.

Judge Kravitz said, “I have heard the oral argument made today but I don’t see it as a formal request to take action. [Marmet’s father and Lawler] will need to file something to support their position and each party will have an opportunity to file a response.”

The deadline for them to file a motion related to the plea deal is set for Jan. 25.

Marable was also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed, assault with intent to kill, carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition. These charges were dropped as part of the plea agreement.

The plea deal also includes an agreement that the prosecution will waive the opportunity to file sentencing enhancement papers and reserve allocution at sentencing. Marable also must forfeit any firearms confiscated and waive rights to conduct further DNA testing.

Judge Kravitz scheduled Marable to be sentenced on April 1.

Judge Addresses Parties’ Requests for Upcoming Murder Trial

Parties made last-minute evidence arguments ahead of an upcoming murder trial.

Tony McClam, 31, is charged with first-degree murder while armed in the shooting of 11-year-old Karon Brown on July 18, 2019, on the 2700 block of Naylor Road, SE. DC Superior Court Judge Neal Kravitz said during the Nov. 22 hearing that he expects to interview about 80 potential jurors for the trial. Jury selection is expected to begin on Nov. 29. The trial is expected to begin on Dec. 6.

Both parties have filed multiple motions regarding evidence that is set to be presented during the trial. Defense attorney Jason Tulley asked for permission to have a jury selection consultant virtually watch the selection process from an angle that provides a good view of the potential jurors. Although the prosecution objected due to “privacy issues” for the potential jurors, Judge Kravitz will allow the consultant to watch remotely.

The prosecution presented three photos of Brown they are considering showing the jury. Tully objected because “the third picture shows the decedent to be younger than he was at the time of his death.”

Judge Kravitz responded, “I don’t see what is so prejudicial of someone who appears to be approximately [11 years old]. I imagine you would prefer jurors see photos of [Brown] in life as opposed to bloody ones in death.”

Tully countered and said, “the issue is in terms of preferential value—it makes you feel sad and that affects people in a case where there is a dead child and my fear is that the jury is going to make an emotional decision instead of a fact-based one.”

Judge Kravitz asked that if the prosecution uses one of the photos, they crop the photo to above the shoulders and to make sure no one other than Brown is seen in the photo.

Tully also said that although the percentage of Black people in DC is roughly 40%, the percentage of Black people coming in for jury selection is in the low 20s. The Office of the Attorney General will provide the defense with information on juror demographics from the last two months to address Tulley’s claim.

Tulley also said the defense will not introduce any of the results of the independant DNA testing they conducted at trial.

McClam is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed and carrying a pistol without a license outside of a home or business in this case.

Crime Alerts: November 21-22

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m.on Nov. 21 and 9:00 a.m. on Nov. 22.

A crime alert was sent out at 11:27 p.m. due to a robbery in the 700 block of 7th Street, NW. Police identified the first suspect as a Hispanic male wearing a white shirt. The second was a Hispanic male wearing a green shirt and the third was a Hispanic male wearing a red shirt in a grey Chevrolet sedan.

Document: Police Arrest Suspect in Homicide of Missing Teen

On Nov. 21, deceives from the Metropolitan Police Department arrested Brandon Nguyen, 24, for second-degree murder while armed.

Nguyen allegedly shot 17-year-old Brian Ward on the 300 block of Allison Street, NW. His skeletal remains were found in Laurel, Md. on Dec. 2, 2021. Ward was reported missing by family members on Sept. 29, 2020.

Defense Needs More Time to Discuss Plea Offer with Murder Defendant

A defense attorney needs more time to discuss a plea offer with his client.

Javon Gunter, 20, is charged with first-degree murder while armed for allegedly shooting 15-year-old Thomas Johnson on Oct. 9, 2019, on the 1300 block of Half Street, SW.

Defense attorney Ronald Resetarits said he has not been able to discuss the plea offer with his client yet during the Nov. 19 hearing. The prosecution said that they want to indict the case before the end of the year if an offer is not taken.

Resetarits said he would speak with his client at DC Jail within the next few days.

DC Superior Court Judge Danya Dayson set a hearing for Nov. 19 to check in on the plea negotiations.

Murder Defendant Seeks to Withdraw Guilty Plea

A defendant who pleaded guilty to second-degree murder is seeking to withdraw his guilty plea.

In February 2020, 21-year-old Elijah Jarmon pleaded guilty to second-degree murder while armed in relation to the shooting of 18-year-old Taquan Pinkney. Pinkney was shot on the 2000 block of Stanton Road, SE on Sept. 9, 2018.

According to court documents, the plea deal involved an agreed upon sentence of 12 years in prison.

“Mr. Jarmon is not asking to walk out of the courtroom, just to have his day in court,” defense attorney Kevann Gardner said.

During the Nov. 19 hearing, Gardner argued that the evidence against Jarmon is weak. He said that, while there is a video of his client at the scene of the shooting, there is no video of him firing a weapon. He also alleged that Jarmon was pressured by his family and former attorney to take the plea agreement, adding that his client’s young age at the time made him especially susceptible to this pressure.

Gardner has spoken with Jarmon’s former attorney, who he said had said that Jarmon expressed his desire to withdraw his plea the day after it was made.

The prosecution was given the opportunity to respond. They argued that they are no longer litigating the facts in this case, because they were decided when the defendant signed the proffer. They also called Gardner’s assertions “unsupported” since no testimony or evidence was presented to back up the claims, but rather just mentioned.

Judge Milton Lee set a hearing for Dec. 22 to rule on the motion.

Judge Sentences Sex Abuse Defendant to Serve 2.5 Years

A DC Superior Court judge accepted a plea deal and sentenced a sex abuse defendant to serve two-and-a-half years in prison.

Joseph Howard pleaded guilty to third-degree sex abuse for an assault that happened on July 11, 2020, on the 2700 block of Martin Luther King Jr. Avenue, SE.

In accordance with the plea deal parties made, Judge Neal Kravitz sentenced Howard to four years, one-and-a-half of which were suspended, followed by five years of supervised probation.

The conviction will require the 30-year-old defendant to register as a sex offender for 10 years. He must also stay away from the victim and the area of the offense.

The prosecutor said the victim was unable to attend the Nov. 19 sentencing but would have attended if she could.

The prosecutor showed the court a still image from surveillance footage of the victim before she was assaulted. They said the victim was “cooperative, brave and inspiring” throughout the process. They said the attack has hindered her personal life because she has constant flashbacks. The prosecution continued, calling Howard a “sexual predator” and relaying the details of how the assault occurred.

According to the prosecution, Howard exposed himself to the victim, who told him to leave her alone. He responded by pushing her to the ground and telling her “you’re gonna suck this d***”. Howard then attempted to pull off the victim’s shorts and underwear. He then stopped assaulting her when a bystander heard her screams.

Judge Kravitz asked the prosecution why the sentence in the plea is light, considering the severity of the case. The prosecutor said the reasoning was the victim wanted closure. Defense attorney Prescott Loveland said he “respectfully disagrees” that the sentence is light because the victim wants closure. Rather, he said the sentence is appropriate for the circumstances.

Loveland showed Judge Kravitz family pictures of Howard, provided by his mother. He said Howard has had a hard life which has included family issues and major mental health issues.

Howard also has a substance abuse problem with PCP, the prosecution said.

Loveland also said Howard was not in his right mind at the time of the assault because he was homeless at the time and none of Howard’s prior assaults were sexual in nature.

He also said his client was put in harsh conditions at DC Jail and experienced “draconian english punishment.”

Howard made a statement to the courtroom, apologizing to Judge Kravitz for his actions. He said he was going through a tough time at the time of the assault. He then apologized for to the victim and asked for her forgiveness. Howard said he plans to change his life once he gets out of prison, and wants to start a business. Howard said he has a lot going for himself and plans to surround himself with family.

As part of his probation, Howard must participate in a drug treatment program, a mental health evaluation, sex offender counseling and housing assistance.

The prosecution agreed to dismiss two misdemeanor cases Howard picked up in 2020 as part of the plea deal.

Plea Negotiations Underway for Defendant Accused of Setting a Man on Fire

Parties in a murder case said they are negotiating a plea deal and are likely to reach an agreement in the near future.

D’Aundrey Scott is charged with first-degree murder for allegedly starting a fire that killed 62-year-old Darryl Finney.

According to court documents, Metropolitan Police Department (MPD) officers responded to the 900 block of H Street, NE, during the early hours of May 13, 2020, due to the report of a person on fire. Finney was taken to a local hospital with severe burns and died three days later. Detectives later learned he told emergency medical personnel that someone threw a firebomb on him. Detectives had tried to talk to Finney, but he was unable to speak.

During the Nov. 19 hearing, the prosecution told DC Superior Court Judge Milton Lee they have yet to indict Scott, 27, but have been in plea negotiations with the defense. Defense attorney Roderick Thompson said they are likely to reach a plea agreement.

Judge Lee set another hearing for Jan. 12.

Emergency Release Requests Mounting in Light of DC Jail Conditions

The Public Defender Service (PDS) for the District of Columbia released a memo calling for the release of all persons incarcerated at the DC Jail in the wake of the U.S. Marshals Service’s recent findings on the facility’s conditions. Multiple defense attorneys for pretrial detainees are filing emergency release motions due to these conditions as well.

According to D.C. Witness data, as of Nov. 15, attorneys for at least 29 defendants charged in felony sex abuse, domestic violence and homicide cases have filed such motions, which call the jail’s conditions, “unsanitary, unsafe and unconstitutional.” The motions often argue that a detainee’s due process rights are violated if they are incarcerated under conditions posing a “substantial risk of serious harm.” The jail, or the Central Detention Facility, is DC’s main detention facility.

In the Nov. 1 memo, Acting U.S. Marshal for the District of Columbia Lamont J. Ruffin informed DC Department of Corrections (DOC) Director Quincy Booth that he has forwarded the results of an unannounced inspection of the jail, which occurred during the week of Oct. 18, to the Department of Justice’s Civil Rights Division for review of potential violations of the Civil Rights of Institutionalized Persons Act, D.C. Witness previously reported.

The PDS release notes how its attorneys have raised issues over the jail’s conditions well before the inspection. They recently highlighted the issues in a video posted on Twitter, which features pretrial detainees talking about what they are experiencing.

“For years, the Public Defender Service for the District of Columbia, along with other legal and grass-roots organizations, has called out and challenged the D.C. Department of Corrections for its horrific treatment of nearly exclusively Black and Brown people detained at the D.C. Jail,” the memo states.

A motion filed by defense attorney Jason Tulley suggests his client has had difficulty receiving assistance for issues within his cell, largely due to the jail being understaffed. “Complaints about these conditions fall on deaf ears,” the motion reads.

Tulley noted that the conditions of the jail are so terrible that when attempting to meet and work with his client on the case, it is simply not possible to due to the conditions being a distraction. The prosecution was ordered to respond in this case by Nov. 18.

His motion, like others, cites the U.S. Marshals’ findings including:

COVID-19 protocols not being followed by staff
Staff members antagonizing defendants, directing them to “not cooperate’ with the review.” A DOC staff member was allegedly observed telling a detainee to, “stop snitching.”
Standing human sewage in multiple toilets in multiple occupied cells
Food and water withheld from detainees for punitive reasons
Water in some cells shut off for multiple days
Drug use, and a strong smell of marijuana

During a Nov. 8 hearing for a murder case, defense attorney Mani Golzari called the U.S. Marshals Service’s report a “factual statement of torture at the jail.” He said he is seeking the release of his pretrial client, Stanley Brown, into the High Intensity Supervision Program.

“Please,” Golzari said, “Someone has to act.”

Golzari said Brown is being held in a cell that “really wouldn’t be fit for a dog.” He said his client has had his water shut off and faced retaliation from officers. Golzari noted that defendants are held in custody based on the court’s conclusions, and said he did not want to receive “lip service.”

“I am pleading with the court for human decency,” he told DC Superior Court Judge Milton Lee. “People are suffering. Deeply, deeply suffering.”

Judge Lee held off ruling on the motion.

A majority of cases cite Helling V. McKinney, a 1993 case involving a Nevada state prisoner, among other cases. The prisoner claimed he was suffering unhealthy levels of second-hand smoke due to his cellmate smoking five packages of cigarettes every day, which he says violated his Eight Amendment rights to not be subjected to cruel and unusual punishment.

The majority opinion rejected the prosecution’s argument that the test of whether withholding medical care from prisoners was in “deliberate indifference” only applied to defendants with a current condition. Helling’s condition was not current but rather a result of the secondhand smoke. The precedent became the idea that deliberate indifference applies to secondary conditions like secondary smoke inhalation.

The attorneys are using this, among other cases, to show that while officers may not be deliberately ignoring health problems they may be ignoring other problems, causing health issues.

Attorneys also cite the due process clause of the fifth amendment, referring to portions of Ruffin’s memo including the withholding of food and water from detainees as punishment, failure to follow COVID protocols and officers directing detainees not to cooperate with inspectors.

During a Nov. 12 hearing for murder defendant Rashon Hall, defense attorney Dana Page said her client has mold in his cell and is not receiving his daily medication. The motion for release, in this case, was denied but an evidentiary hearing was scheduled for Nov. 10 to further examine the problem.

During another hearing, that same day, for another murder defendant, Lewkus Turner, Judge Neal Kravitz told defense attorney Jon Norris that additional information from the DC Jail and U.S. Marshals Service needs to be obtained before he makes a ruling.

The inspection of DC’s detention facilities was triggered by allegations that staff members were mistreating pretrial detainees charged in connection with the Jan. 6 attack on the U.S. Capitol, according to court documents. On Nov. 3, a letter was sent by Deputy Mayor of public safety and justice Chris Geldart to District Judge Amy Jackson and DC Superior Court Chief Judge Anita Josey-Herring explaining how action will be taken to evaluate the jail further, according to court documents.

Defense attorney Kevin Mosley stated in a motion for his client’s release that more than a thousand complaints have been raised by incarcerated individuals at the jail’s Central Detention facility, but have gone ignored in the past. The Central Detention Facility of the DC Jail, which was not described as being up to standards.

“As evidenced by the countless complaints of the nearly 1,500 predominantly Black and Brown residents of the Central Detention Facility, the Department of Corrections’ practice of acting with flagrant disregard for the health, safety, well-being, and basic constitutional rights of all its residents is long-standing. Absent immediate action by this Court, this mistreatment will undoubtedly continue. Mr. Morgan’s health and safety depend entirely on the actions of this Court.”

The resident population of the DC Jail is 82.9 percent Black and 9.4 percent white, according to the Department of Corrections most recent demographics release.

Mosley’s motion also called the descriptions of the Central Detention Facility’s conditions “glaringly obvious” to detainees and attorneys. He argues that these defendants have a constitutional right to be released, according to court documents.

More motions are being filed based on these requirements. The DOC is currently under investigation in regards to the Marshal’s memo.

The Central Treatment Facility, which is another DC correctional facility that holds pretrial detainees and is located next to the DC Jail, was described as being “largely appropriate and consistent with federal prisoner detention standards,” according to court documents. This facility held pretrial detainees from the Jan. 6 attack.

The PDS and DOC did not immediately respond to D.C. Witness’ requests for comment.

Crime Alerts: November 18-19

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

A crime alert was sent out at 9:04 p.m. due to a robbery in the 2100 block of 4th Street, NW. Police do not have information on the suspect(s).

A crime alert was sent out at 9:40 p.m. due to a robbery on the corner of 3rd Street and Nicholson Street, NE. Police identified the suspects as two Black males one was wearing a dark gray hoodie with light gray sweat pants and another was wearing all dark clothing and armed with a black handgun.

A crime alert was sent out at 5:35 a.m. due to a robbery investigation in the 2400 block of Good Hope Road, SE Police identified the suspect as a Black male wearing all black and armed with a handgun.

A crime alert was sent out at 6:23 a.m. due to an armed robbery investigation on the corner of 24th and Good Hope Road, SE. Police identified the suspect as a Black male with a light complexion and all-black clothing.

Trial Review: Defendant Acquitted of Murder

One of the defendants who was charged in the fatal shooting of Kenneth Poindexter was found not guilty.

Steven Robin, 25, was charged with first-degree murder while armed and possession of a firearm during a crime of violence in the Jan. 20, 2018 shooting of 20-year-old Kenneth Poindexter on the 4700 block of Benning Road, SE.

The jury deliberated for one week on whether 25-year-old Robin was guilty. They acquitted Robin of both first and second-degree murder while armed but found him guilty of possession of a firearm during a crime of violence.

Meanwhile, Antonio McKenzie and Edward Brown, who prosecutors also charged with murder in Poindexter’s death, await their trials from DC Jail.

The trial was originally supposed to include McKenzie, Brown and Charles Young. Back in August, Young pleaded guilty to accessory after the fact voluntary manslaughter for his role as the getaway driver. He was recently sentenced to four years in prison, all of which were suspended, plus plus six months of probation.

The defendants’ cases were all severed due to multiple issues, including McKenize and Brown gaining obstruction of justice charges. They are both accused of threatening a witness while incarcerated, D.C. Witness previously reported.

More than eight witnesses testified during the two-week trial. The prosecution’s case focused on the idea that Poindexter was standing on a street on the 4700 block of Benning Road, SE, when the four drove to where he was. They got out of the car and immediately began shooting, the prosecution alleged. A total of 42 shots were fired but Robin, they argued, sought to “finish him off” before leaving the scene and firing the final bullet.

They also alleged that Robin also later bragged about the murder.

This differs from defense attorney Kristin McGough‘s argument. She focused on the idea that there is not enough evidence to distinguish Robin himself as someone who committed the crime versus anyone else.

“The devil will be in the details,” McGough said during her opening arguments.

Over eight witnesses testified during the trial, including those who were in a nearby apartment and were with the victim days before his death.

The trial began with a witness testifying over multiple days but not answering any questions. She consistently said she did not know the answer or pleaded the fifth amendment. Eventually, DC Superior Court Judge Dayna Dayson gave her a lawyer in order to assist in the legality of her answers. She then stopped pleading the fifth amendment but continued to not fully remember events leading up to, during or after the homicide.

Instagram messages were shown between this witness and another, who also testified. Both were asked about two confrontations that allegedly occurred the days leading up to the murder but they could not give exact information.

A man who ended up calling 911 after seeing Poindexter’s body also testified. He heard gunshots while working nearby and then saw a man running to a white car.

During his testimony, he described the running man as in his 20s or 30s with short hair and a stocky build. He saw another man with what looked like a gun, standing by the car. He then wrote down the license plate of the car and called 911 at the sight of Poindexter’s body.

DNA evidence was taken into account during the trial. A scientist from the laboratory Signature Science explained the evidence and linked Robin to a water bottle found in the getaway car. While the scientist was confident in the results, McGough heavily questioned them and was able to highlight issues, including how the evidence was originally logged into the wrong shelf.

“Everyone has seen Jurassic Park, DNA lasts forever,” McGough said during her opening arguments. The witness was questioned in depth during her testimony about how DNA works and the fact that while the evidence was there, it did not pinpoint a timeframe but rather the fact Robin had ever been in the vehicle.

Multiple witnesses confirmed that there were no conclusive fingerprints tying Robin to the getaway car. There was no cell phone data tying him to the scene either.

Robin was released from DC Jail soon after the verdict was read.

Judge Needs Time to Decide on Murder Defendant’s Release Request Amid Concerns Over Jail Conditions

A DC Superior Court judge needs more time to consider a murder defendant’s request for a release amid concern over the conditions at DC Jail.

Tondrick Murphy, 31, is charged with first-degree murder while armed in the shooting of 26-year-old Marquis Jones. On Oct. 6, 2018, Jones was found dead on the 2900 block of Martin Luther King Jr. Avenue, SE, having sustained multiple gunshot wounds.

Defense attorney Ronald Resetarits filed an emergency motion for immediate release due to “unsanitary, unsafe, and unconstitutional conditions of confinement.” During the Nov. 18 hearing, Resetarits said Murphy would not be “a present danger to the community under strict home confinement” and should be released.

Judge Milton Lee said, “I’m not sure that the entire detention facility is of concern.” He said if an individual is currently in an unsatisfactory area of the jail, “it seems to be perfectly appropriate to move the individual to a different section of the jail that is not condemned.”

Resetarits said the problems at the jail are “pervasive, inhumane, and structural” and include “overpowering smells, toilets filled with feces, standing sewage, and water being shut off.”

Resetaris also said, “daily stabbings are occurring where [Murphy] was housed for a year-and-a-half.” After mentioning these stab victims are brought to Murphy’s unit to shower, the defense continued, “[Murphy] is having to clean up his shower just so he doesn’t have to shower in a pool of blood.”

Resetaris also noted the only reason Murphy is in that unit is because of COVID. Eventually, Murphy will be moved back to the unit where “daily stabbings are occurring.”

In addition to this, Resetarits said Murphy has a compelling self-defense case because Jones was found with a gun and a witness who testified before a grand jury said he heard Jones threaten Murphy minutes before the shooting.

The prosecution disagreed. “[Murphy] continues to shoot [Jones] when he’s down,” they said. “This is not a reasonable use of force.”

Judge Lee will schedule a hearing to discuss the defense’s motion for release once he has made a decision.

Murphy’s trial is scheduled to begin in April.

Judge Rejects Self-Defense Argument During Preliminary Hearing for Murder Case

A DC Superior Court judge ruled there is probable cause in a murder case.

Judge Dayna Dayson decided that there is enough evidence that 29-year-old William Davenport shot Leonard Turner, 27, on May 14 on the 1700 block of Trinidad Avenue, NE, during a Nov. 17 preliminary hearing. She also rejected the argument that Turner was killed in self-defense, citing how he was shot four times in the back.

Defense attorney Jacqueline Cadman previously argued that the shooter from the photos displayed by the prosecution was not clear enough to determine who the shooter was or if there was actually a gun in his hand. “The [prosecution] has not met the burden for finding probable cause,” Cadman said.

The prosecution, however, argued there is probable cause that the defendant is the shooter and intended to kill Turner. The prosecution said evidence suggests that Davenport’s phone was turned off during the murder. Cell site information tracked his location going from his mother’s house to a shelter, and then returning. The prosecution continued to argue there was no need for the defendant to go to the shelter because he didn’t live there.

The prosecution also argued against the notion of self-defense, saying Turner’s back was turned away from Davenport when he was shot and Turner did not have a gun on him.

The prosecutor argued Davenport is the shooter because the pictures were confirmed by a member of his family when she was shown images of the shooter during an interview at a police station.

A Metropolitan Police Department (MPD) detective took the stand, testifying as the lead detective on the case. The detective said he went to the residence of Davenport’s mother and asked to speak with her “in regards to an ongoing investigation.” During the investigation before the arrest, the police received two anonymous tips, one of which mentioned the type of car that the shooter had, an old taxi cab. He received a phone call from another officer who recognized the shooter as Davenport after viewing a “be on the lookout” notice.

Cadman noted no one has spoken to the people who sent in anonymous tips so there is no information on the basis of that knowledge, and the court can’t rely on anonymous tips. Two witnesses allegedly saw the shooting and provided a description of the person with the gun and he doesn’t align with the appearance of Davenport, Cadman said.

Judge Dayson agreed that both witnesses’ physical description was inconsistent. However, since there were four shots in the back of Turner, it shows he was not posing an immediate threat and there was no mitigation, Judge Dayson said. Judge Dayson was not sure he had a plan because he circled the block, but he did bring a gun with him. This logic was used when deciding between the probable cause for first or second-degree murder.

Judge Dayson found probable cause for first-degree murder.

The prosecution asked for the defendant to be held, but Cadman requested he be released into the High Intensity Supervision Program. Cadman said Davenport has three children and he’s not a danger to the community. He was cooperative to the arrest, is not a flight risk and his family supports him. Outlining the “terrible” conditions in the jail, Cadman also said he is not receiving the medical treatment that he needs there.

Judge Dayson is holding Davenport out of interest in keeping the community safe and but will send a message to try to get him treatment for his medical needs.

The next hearing is scheduled for Nov. 22 to discuss any updates.

Parties Prepare for Sex Abuse Trial

A DC Superior Court judge heard arguments on two motions in a sex abuse case set for trial later this month.

The defendant, a former Catholic priest, is charged with two counts of misdemeanor sex abuse. These charges were originally part of a seven-count indictment filed against him in May 2019, according to court documents.

The following November, the defendant was convicted of three counts of second-degree child sex abuse and one count of misdemeanor sex abuse. He was then sentenced to a total of 15 years for these offenses and is now awaiting a non-jury trial for the other two misdemeanor sex abuse charges. These charges stem from the allegation that he touched a woman’s breast twice in 2017 after she went to him for confession.

The woman went to another priest from the same parish in November 2018. He contacted law enforcement on her behalf. She also told her mother on the same day of the alleged incident.

The prosecution had intended to include these reports as evidence in the upcoming trial, which is scheduled to begin on Nov. 29. Defense attorney David Ritcher motioned for these reports to be excluded as “inadmissible hearsay” in March 2020.

During the Nov. 18 hearing, Judge Juliet McKenna called it “unduly prejudicial” to introduce evidence of the reports made about the alleged incident to the priest, the victim’s mother and law enforcement.

Judge McKenna allowed the prosecution to introduce the report the victim made to her mother. She only allowed the prosecution to include limited statements to the priest or the Metropolitan Police Department.

The prosecution also gave notice back in September of their intent to introduce evidence stemming from one of the defendant’s second-degree child sex abuse convictions, which involved conduct similar to that alleged in the pending misdemeanor sex abuse charges, at the trial. The defense has opposed this.

However, upon learning that the defendant does not intend to use the defense that the alleged incident in question was a mistake or accident, the prosecution said they would no longer use the evidence.

Judge McKenna put the motion on hold rather than denying it as moot in case the defense changes their mind.

Two days have been set aside for the upcoming trial.

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