Judge Denies Release Requests for Three Teenage Murder Defendants

A DC Superior Court judge denied defense attorneys’ requests for the release of three teenage murder defendants.

Co-defendants Nelfy Hernandez, 18, Deandre Levy, 18, and Trey Prillerman, 17, are charged with first-degree murder while armed in the shooting of 17-year-old Taijhon Wyatt, Jr. on the 5500 block of 9th Street, NW, on Aug. 10, 2020.

The three are accused of shooting into a crowd of juveniles from inside of a vehicle, D.C. Witness previously reported.

“The types of crimes that I see that make me the most nervous are when young kids commit drive-by shootings into crowds of people,” Judge Neal Kravitz said during the Oct. 21 hearing.

Hernandez’s attorney, Douglas Wood, Levy’s attorneys, Thomas Healy and Jonathan Zucker, and Prillerman’s attorney, Elizabeth Weller, all filed bond review motions.

“The prosecutor is saying [Prillerman] is one of the most dangerous people without any proof,” Weller said during the hearing .

However, Judge Kravitz said that, although Prillerman has no prior convictions, he has been indicted as an adult in Prince George County, Md., in connection with two armed robberies.

Hernandez does have prior convictions, which Judge Kravitz said “shows a level of criminality that is disturbing.”

Judge Kravitz also said that Levy’s several pending cases, which include assault and armed robbery charges, give reason to believe that “no condition of release could protect the community.”

After denying all three release requests, Judge Kravitz scheduled parties to reconvene on Jan. 13.

Judge Releases Child Sex Abuse Defendant

After ruling that his case has enough evidence to go to trial, a DC Superior Court judge released a sex abuse defendant from DC Jail.

The 68-year-old defendant is charged with first-degree child sex abuse for allegedly abusing two young girls: one when she was 10-years-old and another when she was about 14-years-old.

The prosecutor argued against his release, saying there are “multiple counts of allegations over multiple years, with multiple victims.”

However, defense attorney Joseph Wong told Judge Neal Kravitz he “should view these allegations skeptically.”

As conditions of his pretrial release, Judge Kravitz ordered the defendant to stay away from schools, recreation centers and playgrounds. He must also stay away from the victims and is required to wear a GPS monitoring device.

The defendant also rejected a plea deal during the Oct. 21 hearing.

Release Denied for Co-Defendants in Murder Case

A DC Superior Court judge denied release requests from two co-defendants in a homicide case.

Niko Hall, 30, and Kyrie Wells, 19, are charged with first-degree murder while armed in the fatal shooting of 25-year-old Anthony Lee on Sept. 26, 2020, on the 2900 block of Martin Luther King Jr Avenue, SE.

During the Oct. 21 hearing, defense counsel for Hall sought to have him released so he can receive treatment for a physical condition he has.

The prosecution brought a statement from the victim’s mother that said the co-defendants should not be released because they both pose dangers to their communities.

DC Superior Court Judge Danya Dayson denied this motion, saying that no conditions or accommodations could ensure the safety of the community if Hall were released.

However, Judge Dayson said that pretrial conditions may be modified to make sure the defendant receives the proper medical attention.

The court will reconvene on Jan. 14.

Document: October 21 Homicide

Metropolitan Police Department (MPD) detectives are investigating an Oct. 21 homicide.

At approximately 1:22 a.m. officers were nearby the 2200 block of Nicholson Street, SE, when they saw an unconscious female victim with gunshot wounds. The victim, 44-year-old Sharon Robinson, was pronounced dead on scene, according to the press release.

Judge Sets Prelim for Murder Defendant

A DC Superior Court judge scheduled a hearing to determine if the case of a fatal shooting that occurred in June has enough evidence to go to trial.

Aaron Jackson, 28, is charged with the second-degree murder while armed for allegedly stabbing 27-year-old Damohn Gill on June 24 in the 3600 block of 22nd Street, SE.

Judge Marisa Demeo scheduled the preliminary hearing to take place on Nov. 16.

Crime Alerts: October 21-22

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Oct. 21 and 9:00 a.m. on Oct. 22.

A crime alert was sent out at 2:43 due to a robbery investigation on Massachusetts Avenue in Northeast. Police identified the suspect as a Black male wearing black pants.

A crime alert was sent out at 8:01 a.m. due to a stabbing investigation in the 800 block of 18 Street, NE. Police identified the suspect as a 5-foot 7-inch male who was approximately 200 pounds. He was wearing a green work vest and black pants.

Judge to Reconsider Compassionate Release Request for Convicted Murderer, Sex Abuser

A DC Superior Court judge granted a motion to reconsider a compassionate release request from a defendant serving time for a woman’s murder.

Joe Barber Jr. is serving a 20-year-to-life sentence for the murder of Rachel Minor, who was sexually assaulted and stabbed to death on New Year’s Day in 1984. Metropolitan Police Department (MPD) cold case investigators linked Barber to the murder in 2013. At the time, it had been less than a decade since he was released from prison after serving 19 years for attempted robbery as well as the rape of a 10-year-old girl.

Barber was convicted of first-degree murder while armed in 2016. He is now in his sixties and recovering from two recent strokes.

Last March, Judge James Crowell denied a petition for compassionate release made by defense attorney Deborah Persico on the grounds that the defendant had not adequately proven there is at least a 50 percent chance that he is no longer dangerous.

However, during an Oct. 20 hearing, Judge Crowell said he would now consider the defendant’s current health status as an indication of whether Barber is a danger to the community now.

According to new DC legislation, the severity of the crime is no longer relevant for motions for compassionate release.

“The law has changed dramatically in my view as to the statutory factors as well as the defendant’s physical condition, which doesn’t control but certainly informs the dangerousness and non-dangerousness burden the defense must prove,” Judge Crowell said.

Judge Crowell said he had previously applied the decision in U.S. v. Bailey, which dealt with a similar release issue involving a murder defendant with health problems. In that case, the DC Court of Appeals ruled that the defendant’s impairment alone cannot amount to proof that the defendant is no longer dangerous.

However, in her motion and during the hearing, Perisco took issue with citing Bailey’s case as a precedent when discussing release because her client has a much more extreme physical disability.

“Mr. Barber has far more compelling circumstances than Mr. Bailey even had,” Persico said. “Mr. Barber’s disabilities are more significant than those that Mr. Bailey has.”

Barber now lives with physical disabilities due to his strokes. He also has multiple other significant health issues that interfere with his daily activities and ability to do basic tasks for himself such as eating or moving.

“Your Honor said in your August order granting compassionate release that Mr. Bailey’s physical impairments did not alone demonstrate that he was no longer a danger,” Persico said. “In that respect, our position would be that Mr. Barber’s disabilities, given what [a doctor] has said about those disabilities, indicates that that disability alone demonstrates he is no longer a danger.”

The trial lawyer, who prosecuted Bailey in 2015, expressed frustration with the notion that the severity of the crime was no longer relevant in defining the dangerousness of the defendant, and that the only relevant factor is the severity of his current medical condition.

“The court doesn’t have the crystal ball, but that cuts both ways. He may never pose a danger to society again. That’s the risk we run with every defendant that is incarcerated,” she said. “But the problem here is that the risk to that of society is too great. If he chooses never to commit another crime, he’s serving out just punishment for a crime he’s already committed. He’s sick now, he gets to get out—it’s unfair to the victims and the government which has worked very hard to arrest and convict him of his crimes.”

Judge Crowell also raised the issue of jurisdiction because Barber’s case is pending an appeal. During the hearing, he said he would be able to make a ruling on the reconsideration motion in light of the pending appeal.

Judge Crowell granted Persico’s June 4 motion to reconsider the compassionate release request. Parties are waiting on the result of the appeal on Barber’s initial motion for compassionate release to schedule a further hearing.

If released, Barber would stay with his wife in Virginia. The couple was married in 2008 after Barber served time for his first conviction.

Document: October 9 Traffic Fatality

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

At approximately 6:00 a.m. on Oct. 9 on the 1200 block of New York Avenue, NE, a vehicle hit a pedestrian who was on a crosswalk. The vehicle fled and the victim was transported to a local hospital, according to the press release.

On Oct. 20, the victim, 35-year-old Elizabeth Burdette, succumbed to her injuries, according to the press release.

Document: Arrest Made in 2020 Homicide

The Metropolitan Police Department (MPD) has made an arrest in relation to a 2020 homicide.

At approximately 6:58 p.m. on Aug. 9, 2020, police responded to the 2400 block of Franklin Street, NE, due to a report of a shooting. Upon arrival, police located an adult male inside a vehicle with gunshot wounds. He was transported to a local hospital, according to the press release.

On Aug. 16, 2020, the victim, 18-year-old Richard Bangura, succumbed to his injuries. On Oct. 20, 2021, MPD officers arrested a 16-year-old juvenile male and charged him with first-degree murder while armed, according to the press release.

Judge Continues Preliminary Hearing for Murder Defendant

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

Bratrell Hawkins, 28, is charged with second-degree murder while armed in the shooting of 26-year-old Xavier Tate on the 1400 block of 3rd Street, SW, on Jan. 5, 2020.

During the Oct. 19 hearing, Judge Neal Kravitz determined that the prosecution did not violate Brady rules requiring the disclosure of exculpatory material to the defense.

According to court documents, before the shooting, a witness accused Hawkins of sexually abusing her while she slept, but he denied it.

A Metropolitan Police Department detective who interviewed witnesses said that, while one of the witnesses heard gunshots upstairs, they did not see the alleged sexual abuse.

Defense attorney Suen Pierce argued that his client had to act in self-defense to protect himself from others in the house after being accused of sexual assault. The prosecution, however, argued that Hawkins was retaliating against Tate for coming to the defense of the woman who Hawkins allegedly sexually abused.

Judge Kravitz scheduled the proceedings to pick back up on Oct. 25. Hawkins is currently being held at St. Elizabeths Hospital, DC’s psychiatric institution.

Document: Suspect Arrested in Assault with Intent to Commit First-Degree Sexual Abuse Offense

The Metropolitan Police Department (MPD) has made an arrest in relation to an assault with intent to commit first-degree sexual abuse offense on Oct. 4.

At approximately 5:30 p.m. in the 2000 block of G Street, NW, the suspect assaulted the victim with the intent to force the victim to engage in a sexual act. On Oct. 19, MPD officers arrested 27-year-old Omar Williams and charged him with assault with intent to commit first-degree sexual abuse while armed and aggravated assault while armed, according to the press release

As a result of the investigation, Williams is also being charged with second-degree theft, simple assault and burglary for two other unrelated incidents, according to the press release.

Judge Arraigns Homicide Defendant

A DC Superior Court judge arraigned a homicide defendant on seven counts.

The defendant, 47-year-old Raymond Davis, is accused of shooting 39-year-old Henry Hackett on June 3, 2020, on the 2000 block of Langston Place, SE.

During the Oct. 20 hearing, Davis was arraigned on charges of first-degree murder while armed, unlawful possession of ammunition, possessing a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside a home or business, possession of an unregistered firearm, and destruction of property less than $1,000.

Judge Marisa Demeo scheduled the next hearing for Nov. 29. In the meantime, Davis will remain held at DC Jail.

Judge Continues Domestic Violence Case

A DC Superior Court judge continued an Oct. 20 hearing for a domestic violence defendant to give parties time to decide how they want to proceed with the case.

The defendant was charged with first-degree child sex abuse on Nov. 11, 2020.

Judge Milton Lee scheduled parties to reconvene on Dec. 8 to discuss the state of the case and the ongoing process regarding the exchange of evidence.

The defendant is currently released on his promise to return to court.

Case Acquitted: Judge Postpones Preliminary Hearing for Murder Defendant

Green was acquitted of the murder charge on Aug. 24, 2023.

A hearing to determine if a murder case has enough evidence to go to trial was postponed after the defense argued that the prosecution was unprepared to go forward with it.

Tamika Green, 35, is charged with second-degree murder while armed for allegedly shooting 37-year-old Bryan Tate Jr. on Feb. 20, 2020, on the 1600 block of 18th Street, SE.

The victim and the defendant were in a domestic relationship, according to court documents.

Defense attorney Kevann Gardner said the prosecution is not ready to go forward with the Oct. 18 preliminary hearing and requested his client’s release.

Gardner argued that Green’s belongings were illegally searched and that she was illegally detained. He also said the detective who would testify at the hearing does not know which evidence is inadmissible.

The prosecution opposed the release request, citing the evidence against Green, which they say is circumstantial, but strong. They also cited her previous arrest record, and said she exhibits “volatile and aggressive behavior.”

The prosecution referred to a previous assault case, but Gardner said the case occurred because Tate was attacking a member of her family with a broken glass bottle, prompting Green to brandish a knife.

Green cares for two members of her family, Gardner said.

Gardner also said Green was fed fish products in jail, despite notifying them she was allergic. At one point, the defendant had a severe reaction and was rushed to the hospital, he said.

Judge Juliet McKenna ultimately denied the defense’s request for a release. The preliminary hearing is now set for Nov. 2.

Man Killed in Officer-Involved Shooting

Metropolitan Police Department (MPD) Chief Robert J. Contee III informed the public of an officer-involved shooting on Oct. 18 that resulted in the death of a 30-year-old man.

Just after 11:00 p.m. on Oct. 16, police received a report alleging that 30-year-old Deandre Johnson had placed a firearm to a woman’s head and threatened her. Contee said there was a prior history of domestic violence between the two. Officers searched Johnson’s vehicle and found a pistol and extended magazine. Johnson was not on the scene and no arrest was made.

On Oct. 18 at about 4:35 p.m., officers responded to an apartment complex on the 1300 block of Congress Street, SE, to serve Johnson with a Temporary Protective Order, according to a press release.

After entering the apartment, officers decided to arrest Johnson for assault with a dangerous weapon.

After an officer began to place Johnson in handcuffs, he allegedly resisted, resulting in what Contee called “an intense physical struggle.” During the struggle, an officer’s Body Worn Camera (BWC) became deactivated and later reactivated.

Contee said he’s had the opportunity to watch BWC footage and receive an initial briefing from investigating officials.

“Based upon initial interviews, it was reported that Mr. Johnson grabbed one of the officer’s firearms while in the holster,” Contee said. “It can be heard on the Body Worn Camera on officer stating, ‘he’s got my’ while almost simultaneously an officer discharged their weapon, striking Mr. Johnson in the back.”

However, Contee said that the BWC footage does not “conclusively” show Johnson grabbing the gun from the officer’s holster.

Johnson did not have any weapons on him and no guns were found in the apartment, Contee said.

The incident is currently under investigation by the US attorney’s office and the three officers involved in the incident are on administrative leave.

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