Judge Sets Preliminary Hearing for Murder Case

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

Brian Foster is charged with first-degree murder while armed in the shooting of Anthony Joseph Mitchell, Jr. on Aug. 18. According to court documents, the 43-year-old was found on the 3700 block of 1st Street, SE, suffering from a gunshot wound to the face.

During an autopsy, the chief medical examiner found a second bullet that was lodged in the decedent’s back, according to court documents. Crime scene technicians observed three 9mm bullet casings in the street near Mitchell’s vehicle.

Foster, 39, was arrested on Oct. 26.

Defense counsel Nikki Lotze asked the prosecutor for evidentiary materials regarding a preliminary hearing. The prosecution said it would take a couple weeks to get everything prepared as the courts are beginning to hear more jury trials since the start of the pandemic.

Judge Danya Dayson scheduled the preliminary hearing for Dec. 14.

Judge Denies Motion to Transfer Jailed Murder Defendant

A DC Superior Court judge denied a motion to transfer a jailed homicide defendant to DC’s Correctional Treatment Facility (CTF.)

Rasheed Young, 43, is charged with murder in two cases.

The first case involves the fatal shooting of 26-year-old Cedric Rogers on the 300 block of Franklin Street, NE, on June 11, 1996. Young is charged with first-degree murder in relation to this homicide.

The second case centers on the death of 39-year-old Ronald William Richardson, who was shot on the 2300 block of 4th Street, NE, on May 20, 2018. He is charged with second-degree murder in relation to this homicide.

Defense attorney Elizabeth Weller requested her client’s transfer to CTF due to undisclosed issues in DC Jail. She said he was not getting medical treatment at the jail for a condition he has, among other factors. DC Superior Court Judge Marisa Demeo denied this request.

Weller also requested for a hearing to be set for a later date because she has been unable to meet with the defendant to discuss the case because his section of DC Jail was quarantined.

Parties agreed to reconvene on Dec. 1.

Parties Anticipate 40-50 Witnesses for Double Murder Trial

Parties in a double murder case said they are ready to go to trial.

Alonzo Lewis, 35, is charged with two counts of first-degree murder while armed for his alleged roles in the deaths of Jaquon Helm, 40, and Venius Badgett, 35, on May 26, 2018. Helm and Badgett were both found on the 4600 block of Galveston Street, SW, suffering from multiple gunshot wounds.

During the Nov. 3 hearing, both parties reported they will be ready for trial by early January. The prosecution anticipates calling 20-30 witnesses while the defense anticipates calling five to ten.

Judge Marisa Demeo ruled that all expert witnesses should be finalized by Jan. 5. She also scheduled a status hearing for Dec. 10.

The prosecution declared that they will not be doing any more DNA testing. The prosecution also plans to file a motion asking the court not allow certain evidence that might prejudice the jury.

Defense attorney Joseph Yarbough filed an emergency motion for his immediate release from DC Jail. This motion comes following an inspection of DC Jail conducted by The US Marshal Service on Oct. 18. Their report concluded that the living conditions of the facility were unsanitary, according to documents

Judge Demeo scheduled a motion hearing for Nov. 12 to rule on that emergency motion.

Three Witnesses Testify in Murder Case

The trial for a defendant charged with murder continued with more witness testimony.

Steven Robin is charged with first-degree murder while armed in relation to the shooting of Kenneth Poindexter on Jan. 18, 2018. The 25-year-old defendant is also charged with possession of a firearm during a crime of violence and conspiracy to commit a crime of violence.

Antonio McKenzie and Edward Brown are also charged with murder in Poindexter’s death, but they will they tried separately from Robin. Charles Young has also 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 six months of probation, D.C. Witness previously reported.

Three witnesses were called to the stand on Nov. 3, starting with a close friend of the victim. The prosecution asked her about a fight at Aqua, a club in the Langdon neighborhood of DC, the day before the shooting. The witness said she and others fought with a group of people they mostly did not know. She said she was hit on the head with a bottle during the fight.

The witness said that, some time later, she went to an apartment owned by a woman who previously testified. She said she told the woman to come outside so they could fight. Other people came out with the woman, but the witness was not sure if they were family or not. According to the witness, the victim had come with them to join in on the fight.

When asked if they knew where or who the gunshots came from, the witness responded, “you don’t look to see where gunshots come from, you run”.

She said Poindexter and the woman who previously testified fought later over Instagram direct messages and that she believed Poindexter appeared to be upset about the fight.

The witness was asked about a group of people who had approached her at her job. She said she does not remember if the confrontation happened before or after the fight at the club. The witness was shown a video of herself talking to officers about the confrontation after the shooting.

Defense attorney Kristin McGough asked the witness if the people who confronted them at her job mentioned the woman from the Club Aqua fight, and the witness said no.

McGough also asked the witness if she had brought any weapons with her when she went to fight. “I went there to fight,’ the woman responded, “I don’t need any weapons”.

At the time of the shooting, another witness was working in the area when they heard gunshots and saw a man running from the scene towards a white car. When called to the stand, this witness said the man appeared to be in his 20s or 30s with short hair and a stocky build. The witness said they saw a man standing beside the car with what appeared to be a gun. The man was described as being in his 20s and a little under six feet tall. He could not tell the hairstyle of the man because he was wearing a winter coat. The witness said he had gotten out his car and ran towards the white car to write down the license plate numbers. He called 911 when they saw the body of the victim.

A third witness was called to testify. The witness was asked about a domestic assault she suffered. The witness said she sustained serious injuries such as broken ribs, plastic surgery, and punctured lungs. The witness said they also have memory loss.

When asked by the prosecution why she initially lied about who assaulted them, the witness said she was afraid of the person. The witness was asked how they learned about the victim’s death and said they received the news from someone named “Smiley,” which is believed to be am alias of Robin’s. The witness said Smiley told them people were “snitching” that he killed Poindexter.

McGough questioned the witness, asking them if they had money troubles and if they called the tip line to receive the cash reward. The victim said they did not have money troubles.

McGough asked the witness if they have ever disclosed having auditory illusions, where they heard things that weren’t there, and the witness said that is not true.

The court was shown a video of the witness in their police interview. In the video, the witness told police Smiley had to “finish him off because he was yapping”.

DC Superior Court Judge Danya Dayson is presiding over the trial, which will continue on Nov. 4.

Crime Alerts: November 4-5

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Nov. 3 and9:00 a.m. on Nov. 4.

A crime alert was sent out at 10:23 p.m. due to a shooting investigation in the 4600 block of MLK Avenue, SW. The suspect was described as a Black male wearing all dark clothing, a ski mask and dreadlocks. They were running towards a white sedan.

A crime alert was sent out at 11:18 p.m. due to a shooting in the 1200 block of Eastern Avenue, SE. Police do not have information on the suspect(s).

Judge Prepares to Select Jury for Murder Trial

Editors Note: The defendant in this case has since been acquitted on all counts.

A DC Superior Court judge went over logistics regarding trial dates and jury selection for a murder trial.

Dewayne Shorter is indicted on 11 counts including first-degree murder while armed for allegedly shooting 38-year-old Daniel Parker on the 2000 block of Fairlawn Avenue, SE, on July 26, 2017.

The 33-year-old defendant has also been charged with possession of a firearm during a crime of violence, assault with intent to kill while armed and unlawful possession of a firearm in this case.

Judge Marisa Demeo raised concerns that jurors would not be available near Thanksgiving and the winter holidays. Both parties agreed that the trial should be cut off early on Nov. 24 and Dec. 23.

Judge Demeo scheduled “one final trial readiness hearing” for Nov. 5.

Murder Sentencing Delayed Due to Defendant Being Stuck in Jail Cell

A murder defendant’s Nov. 3 sentencing hearing was rescheduled again after US Marshals and the DC Jail Board told the judge they could not bring him to court due to a mechanical issue with his jail cell door.

Steven Robinson is convicted of second-degree murder while armed in the shooting of 28-year-old Shanika Williams on July 12, 2020, on the 800 block of 19th Street, NE. As part of the plea deal he took, prosecutors agreed to recommend a sentence of 10-12 years, D.C. Witness previously reported.

Williams’ family appeared in court to speak at the sentencing, but DC Superior Court Judge Neal Kravitz was informed that the door to Robison’s jail cell was jammed.

This is the third time Robinson’s sentencing has been rescheduled. He was first scheduled to be sentenced on Sept. 3 but it was moved to Oct. 8 due to parties wanting to have an in-person hearing. The Oct. 8 date was then moved to Nov. 3 due to the defendant being in quarantine at DC Jail, according to court documents.

Robinson is now scheduled to be sentenced on Nov. 4.

Defense Challenges Forensic Results During Murder Trial

A murder trial continued on Nov. 2 with testimony from five witnesses, including a forensic scientist and crime scene technician.

Steven Robin, 25, is charged with first-degree murder while armed and possession of a firearm during a crime of violence in the Jan. 18, 2018 shooting of 20-year-old Kenneth Poindexter on the 4700 block of Benning Road, SE.

The court first heard a detective who testified to the authenticity of the defendants’ DNA samples collected by cheek swabs. A forensic scientist from forensic laboratory Signature Science followed, offering genetic profiles based on evidence collected from two cigarette butts and a water bottle found in the vehicle allegedly used to drive to and from the shooting. The witness offered statistical evidence linking Charles Young to the cigarettes and Robin to the water bottle.

During cross-examination, the witness confirmed to Kristin McGough that the evidence was logged onto the wrong shelf it was placed on. McGough also questioned the expert on the validity of DNA evidence on the water bottle, saying sunshine or UV light could easily damage the DNA sample. The expert said she was confident in her results and interpretation.

McGough brought up the lack of peer review with the expert’s final report. The court took a break for the audit history document to be transferred over from Signature Science. The expert then denied that she changed the number of possible DNA contributors to one of the cigarette butt samples from three to two.

The expert also denied that her supervisor had made her change it to two because of “stutter”—slight errors in a given genetic profile created during the DNA replication process. Replication is one of the stages of the analysis, necessary to test against various controls. The expert said the mistake in logging the evidence’s storage space, as well as the evidence samples’ close spatial proximity to control samples in the laboratory, did not affect the integrity of her study in any way.

The prosecution also called a friend of Poindexter’s and a neighbor who lives in a balcony apartment overseeing the location of Poindexter’s home to the witness stand.

The witness close to the victim, who knew about the dispute that allegedly led to his death, was questioned about two fights.

The first fight took place in a Home Depot and the second at Club Aqua in Washington, DC. Both fights were filmed and posted on Instagram, according to the witness. The witness also said it was clear a second witness close to the incident was in the second video at the time, even if the video is too dark now to identify anyone in it. This third witness is scheduled to testify in the trial.

The witness said that, after the first video of an altercation inside Home Depot was published on social media, she direct messaged a friend to try and calm things down.

“I pulled her up on the incident that happened, to alleviate the situation because I know both parties,” she said. “It could have been a big misunderstanding so I pulled her up on that.”

The witness told the prosecutor she was at work when she saw the second video outside Club Aqua.

The witness also stated Pondexter routinely logged in to social media from other people’s phones as he frequently would forget his own. The prosecutor asked if she was talking to a friend through Poindexter’s Instagram account the day after his death. She replied she was using it to talk to another friend who was close to the dispute using his Instagram account.

The neighbor witness explained she was at the front door of her apartment looking out the glass sliding door of her balcony when she saw Poindexter on the night of the shooting.

“I saw a guy running down the parking lot, had his pants down. Knocking on the door across the parking lot. I saw he collapsed but I didn’t know he was hurt or anything,” she said. “I heard him screaming to open the front door. A lady came down and she opened the door and he collapsed on the stairs inside the complex.”

About forty photographs of the incident location and evidence markers were entered into the record as evidence. A crime scene tech testified to several records of bullet cartridge casings found on the ground of the incident location as well as stray bullet fragments in nearby buildings, which included a fence adjacent to the intersection and the wall inside of a neighbor’s basement a few blocks away from the crime scene.

At least two cars were reviewed, a white Chevrolet suburban and a Nissan sedan. Crime scene techs pulled several bullet fragments out of both vehicles.

Judge Danya Dayson presided over the hearing. The trial scheduled to resume on Nov 3.

Judge Arraigns Co-Defendant in Murder Case

A DC Superior Court judge arraigned one of three co-defendants in a murder case.

Keith Baham, 21, Tyler Stringfield, 22, and Raymond Avent, 21, are indicted on 18 counts, including first-degree murder while armed in connection with the death of 23-year-old Rafiq Hawkins. On March 23, 2019, Hawkins was found unconscious on the 1300 block of Saratoga Avenue, NE, suffering from multiple gunshot wounds. It was later determined that the shooting happened on the 1200 block of Brentwood Road, NE, but that Hawkins ran to Saratoga Avenue before he passed out, according to court documents.

During the Nov. 1 hearing, Avent was arraigned and pleaded not guilty to his charges.

The other two defendants have already been arraigned. Their defense counsel reported they have not received a plea offer from the prosecution.

Avent and Stringfield’s lawyers made a request for their clients’ release, which Judge Marisa Demeo denied. She did, however, tell them to file a written motion so the prosecution can form a response.

The co-defendants are scheduled to return to court on Nov. 8 for a status hearing.

Parties Deliver Closing Arguments in Murder Trial

Parties presented their closing arguments in a first-degree murder trial.

Robert Dean, 63, is charged with first-degree murder while armed for allegedly stabbing 38-year-old Tamiya White with a screwdriver on March 31, 2018. White was found on the 1900 block of 9th Street, NE, suffering from multiple stab wounds. It was later determined that the stabbing occurred on the 1000 block of Mount Olivet Road, NE.

Dean’s defense attorneys, Jonathan Armstrong and Anthony Matthews, argued their client acted in self-defense, with one of them calling White a “200-pound screwdriver wielding psychotic on PCP,” who Dean had to defend himself against.

The prosecution argued that Dean committed first-degree murder with deliberation and premeditation, reviewing the DNA evidence as well as the cell phone records presented in the case. They allege he said, “I killed that b****,” and, “I hope she dies.”

After the closing arguments, Judge Marisa Demeo gave the jury their deliberation instructions. Jury deliberations will continue on Nov. 3.

Crime Alerts: November 2-3

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on Nov. 2. and 9:00 a.m. on Nov. 3.

A crime alert was sent out at 1:00 a.m. due to a stabbing investigation in the 4600 block of Livingston Road, SE.

Judge Finds Substantial Probability in Murder, Sex Abuse Case

A DC Superior Court judge found substantial probability in a 2020 murder case, calling a guilty verdict, “very likely.”

Bratrell Hawkins is charged with first-degree murder while armed, two counts of second-degree sex abuse, assault with a dangerous weapon, carrying a pistol without a license outside a home or business and possessing a firearm during a crime of violence. The 28-year-old defendant is accused of shooting 25-year-old Xavier Tate on the 1400 block of 3rd Street, SW, on Jan. 5, 2020. He is also accused of sexually assaulting a woman while she was asleep at the same address on the same day.

Judge Neal Kravitz‘s finding of substantial probability is a higher standard than probable cause, the standard for determining if a case has enough evidence to go to trial.

Parties attended the Nov. 2 preliminary hearing remotely over WebEx. Hawkins is currently being held at St. Elizabeths Hospital, DC’s psychiatric institution.

Defense attorney Pierce Suen argued for his client’s release and cited questions over the credibility of the prosecution’s key witness. But the prosecution argued Hawkins would pose a danger to the community due to the alleged offenses involving multiple victims.

Judge Kravitz denied Suen’s release request. He also denied the prosecution’s request to have Hawkins transferred from the hospital to DC Jail.

The case is scheduled to go to trial on March 1.

Document: October Shooting Victim Succumbs to Injuries

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Oct. 30.

At approximately 7:43 p.m. on Oct. 30, officers responded to the 1800 block of Gainesville Street, SE, due to a report of a shooting. Upon arrival, they located an adult male with gunshot wounds and transported him to a local hospital, according to the press release.

On Nov. 1, 28-year-old Cecil Morris succumbed to their injuries and was pronounced dead. The death was ruled a homicide, according to the press release.

Five Witnesses Testify During Murder Trial

Steven Robin is charged with first-degree murder while armed in connection with the 2018 shooting of 29-year-old Kenneth Poindexter. The second day of his trial resumed with multiple key witnesses providing testimony.

Two other defendants, Edward Brown, 22, and Antonio McKenzie, 24, are also charged with first-degree murder while armed in connection with the shooting, which took place on the 4700 block of Benning Road, SE, on Jan. 18, 2018. Their cases were severed from 25-year-old Robin’s.

Charles Young, 30, pleaded guilty to accessory after the fact voluntary manslaughter for acting as the getaway driver during the shooting. He was sentenced to four years in prison, all of which were suspended, plus six months of probation on Oct. 28, D.C. Witness previously reported.

Many of the witnesses called by the prosecution during the Nov. 1 proceedings testified on the vehicle allegedly used to drive to and from the shooting, a white Mercedez-Benz. This includes two Metropolitan Police Department detectives. One of them, a former mobile crime tech who lifted fingerprints from the vehicle, identified a jacket, ski masks and a water bottle found in the vehicle. He was not cross-examined.

A forensic technician who analyzed the fingerprints found on the vehicle testified and gave a presentation on how exactly the process of identification works. He said they lift prints through a variety of methods depending on where they are found and what they are made with, then compare them with actual prints.

During the fingerprint analyzer’s cross-examination, he said there were no conclusive fingerprints tying Robin to the vehicle.

A witness who first testified when the trial began on Oct. 29 returned to the stand. During cross-examination, she continued to not give definitive answers to defense attorney Kristin McGough‘s questions.

“We’re going to be here a long time,” McGough said after receiving a vague answer from her. “Ok, I don’t remember,” the witness responded.

The witness said that, since there are a lot of people in the world to remember, she cannot remember the people McGough asked about in the days leading up to the shooting, especially because she was intoxicated during periods of the time. When McGough read from the witness’ previous testimony, which conflicted with her current statements, and asked if what she read aloud was what was also on the paper, the witness repeatedly said she does not remember.

McGough went through the days before the shooting, asking questions about a window that was broken by someone in the apartment the witness was staying in with her family and other people. The witness was unable to remember the window breaking at all or any events during that time. When McGough asked the witness if what she read from the witness’s previous testimony, which was different from what the witness was saying on the stand, she responded by saying, “you can read it if you know how to read.”

After a break, DC Superior Court Judge Danya Dayson told the witness she is “required to answer the questions.” The witness was also given an attorney to consult for legal advice going forward. All questions before the order are considered valid but she cannot plead the fifth or refuse to verify what the lawyers read from her previous testimony. Otherwise, she risks a contempt charge.

After the order and a break, the witness began answering questions. She was asked about a club that she and others allegedly attended before the shooting. McGough asked about a fight with an individual from that night.

When cross-referenced with video of her police testimony, the witness said she remembered in the police questioning and now she does not. She said she was intoxicated at the time of the police questioning, despite having told an officer that she was not.

McGough brought in Instagram data from the witness’ account. Messages were shown between her and Poindexter’s account, showing her talking to someone through his account and talking about how she was in a fight the night she went to the club.

A T-Mobile representative from their law enforcement relations division also briefly testified and verified the cell phone information used to show the defendants whereabouts at the time of the shooting.

The trial is scheduled to continue on Nov. 2.

Judge Denies Defense Request to Dismiss Murder Case

A judge denied a defense attorney’s oral motion to dismiss a murder case currently awaiting indictment.

Nijinsky Dix, 38, is charged with first-degree murder while armed in the shooting of 44-year-old Terry Hickman on Nov. 14, 2020, on the 1000 block of 4th Street, SW. Dix, 38, was arrested that same day.

During the Nov. 1 hearing, defense attorney Brandi Harden asked Judge Juliet McKenna to dismiss the case, citing how long it has gone without indictment.

According to the DC Superior Court, “unless otherwise ordered by the Court, all deadlines and time limits in statutes, court rules, and standing and other orders issued by the Court that would otherwise expire are suspended, tolled, and extended during the period pending further order of the Court.”

The Amended General Order goes on to specify that these rules apply to indictment and trial deadlines.

The prosecutor said he is going in order and has other cases needing to be worked on before he can indict Dix. He did, however, say the case will be indicted by February 2022.

After her request for the case’s dismissal was denied, Harden requested her client’s release into the High Intensity Supervision Program, home confinement or a half-way house. Judge McKenna also denied this request, expressing concern that she could be a flight risk.

Judge McKenna also ordered the prosecution to provide the defense with discovery evidence within 60 days.

Parties are scheduled to reconvene on Feb. 25.

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