Judge Requests Written Motion Before Deciding On New Release Stipulations

Parties debated taking a domestic violence defendant off of GPS monitoring during the case’s most recent hearing.

The defendant, who appeared in court remotely for the Feb. 3 proceedings, is charged with kidnapping. He faces the same charge in Prince Georges County, Md. Because of this, he is currently wearing two GPS monitors.

Defense attorney Sylvia Smith asked for the GPS to be removed. However, the prosecutor objected to this saying that if the Maryland court system also decided to take him off GPS monitoring the government would not be able to track him. The bodies in charge of pretrial supervision for the two states reportedly do not share this information.

DC Superior Court Judge Michael Ryan told Smith he will rule on a written motion once she files one.

Lawyers Battle Over Evidence During Failed Prelim for Murder Case

A preliminary hearing for a murder defendant held in jail since October was rescheduled because the defense claims the prosecutor failed to hand over evidence in time.

Nathan Hunter is accused of shooting 44-year-old Ronald McKnight in the DC International Hostel on the 1600 block of 7th Street, NW, on April 18, 2021. Hunter, 40, was arrested that same day and charged with second-degree murder while armed. Evidence in this case was supposed to be discussed during a Feb. 3 preliminary hearing, which instead became an in-depth discussion over why the prosecutor waited as long as he did to hand over Jencks material.

Defense attorney Frances D’Antuono said she received more than 100 pages of Jencks material, evidence that is favorable to the prosecutor’s case, the night before the hearing. This is despite a standing order that exhibits and Jencks material be exchanged by parties at a minimum of three business days before a preliminary hearing for cases in which defendants are detained.

Hunter’s other attorney, Thomas Healy, outlined this when he filed a motion for a postponement just before 8:00 a.m. on the day of the proceedings. The preliminary hearing was originally scheduled to take place in October but was rescheduled twice due to the defendant being quarantined at the DC Jail.

“There’s no excuse for this being disseminated the night before, no good excuse,” D’Antuono said when parties met in court.

The prosecutor responded that he was “late by the standing order but early by the statutory deadline.”

However, parties could not come to an agreement on how valuable the evidence actually was.

“The majority of the files are arrest photos, even though there are several hundred files there,” the prosecutor said. “I do not believe they are as substantial as the motion makes it out to be.” He said he did file some information a month prior, just not all of it.

The prosecutor went on to bring up a past issue of D’Antouno not providing evidence, but she had an explanation. The defense had told the prosecutor they were going to hand it over but since there was so much, it created technical issues. They were able to give it over just a few days later without issue.

“The government’s mischaracterizing the dissemination of our evidence,” D’Antouno said.

The prosecutor offered a compromise- if the judge was available, they could give the defense some time to go over the information then resume the hearing in the afternoon with the detective testifying that day and another hearing for cross-examination. The defense could review the evidence in the time in between.

D’Antuono was not happy with this idea. She requested another hearing date entirely, refuting the prosecutor’s idea.

“I am very prejudiced by this,” she said. “We worked very, very, very hard for Mr. Hunter to understand what testimony is going to be heard.” She said the evidence included information about witnesses talking about Hunter, and he needs to be prepared for that.

“Honestly, I’m not sure how that would prejudice you,” said DC Superior Court Judge Robert Okun. “You would only be making objections that are separate from you having these materials and really you need to review these materials before questioning the witness.”

But this is not the first time defense counsel has complained of issues obtaining evidence from the prosecution. Healy filed a motion to compel in January requesting transcripts of certain grand jury testimony and supporting documents related to a fingerprint exam report.

Judge Okun decided to reschedule the preliminary hearing for Feb. 11. The proceedings will determine if Hunter’s case has enough evidence to go to trial.

Domestic Homicide Case to Go to Trial in 2023

A man charged with manslaughter in his father’s death was scheduled to go to trial next year.

On Sept. 11, 2020, 49-year-old Stephen Macgruder was fatally shot in his apartment on the 700 block of 51st Street, NE. His son, 30-year-old Stephon Williams, was arrested that day and charged with second-degree murder while armed but DC Superior Court Judge Neal Kravitz ruled that the case only has enough evidence to go to trial on the charge of voluntary manslaughter while armed during a preliminary hearing in November 2020. Williams’ attorney, Jason Tulley, has argued that the shooting was self-defense.

When parties met on Jan. 31, Judge Milton Lee scheduled the trial to begin in July 2023. The prosecution is expecting an indictment soon, so Judge Lee also scheduled a felony arraignment for March 18.

In the meantime, Williams will remain released into the High Intensity Supervision Program.

Preliminary Hearing Rescheduled In Homicide Case Due to Possible Plea Negotiations

Parties held off on a hearing to determine if a 2021 homicide case has enough evidence to go to trial due to the defense wanting a plea offer.

Javon Duckwilder, 24, is charged with first-degree murder while armed in the fatal shooting of 23-year-old Juwan Smith on Oct. 25, 2021. He was arrested that same day and has been held at DC Jail ever since.

The preliminary hearing for this case was supposed to take place on Feb 3. During that hearing, defense attorney Jesse Winograd said he wanted to postpone the proceedings so he could talk with the prosecutor about a possible plea offer.

There currently is nothing on the table, but Winograd said they are willing to accept a reasonable offer. He also said since Duckwilder has been on and off quarantine at the DC Jail, there has not been enough time to substantially discuss all the evidence.

This is the fourth time the preliminary hearing has been pushed off. DC Superior Court Judge Milton Lee rescheduled it to Feb. 15.

According to court documents, a witness told investigators that Smith got into an argument with Duckwilder near a gas station on the 2800 block of Alabama Avenue, SE. Duckwilder allegedly kept reaching into his pocket as if he was going to pull something out before the shots were fired, according to court documents. Within ten minutes of the homicide, officers stopped Duckwilder. They found a gun in his pocket that matched a shell collected nearby Smith’s body. Officers did not find a gun on Smith.

Prosecutor Hopes to Indict Murder Defendant by End of March

A prosecutor in a murder case is aiming to indict the defendant by the end of March.

On January 30, 2021, Brenea Franklin, 33, was stabbed in the neck on the 1100 block of Bellevue Street, SE. She died from her stab wounds. James Lewis, 44, was later charged with second-degree murder while armed in relation to her death.

During the most recent hearing for this case on Feb. 3, the prosecutor said she had hoped to return an indictment in January but COVID got in the way.

DC Superior Court Judge Maribeth Raffinan said she won’t require the prosecutor to provide additional reasoning for the delay in the indictment. She will if it isn’t filled by the time parties are slated to reconvene on April 1.

Prosecutor Explains Price of DNA Testing for Murder Case

Parties discussed DNA testing during a hearing for one of the men charged in the murder of Malachi Lukes.

Koran Jackson, 21, is one of five defendants charged in the death of 13-year old Malachi Lukes on March 1, 2020. Lukes was found lying in an alley on the 600 block S Street, NW, late that day. He was unconscious and unresponsive with an apparent gunshot wound to the neck. A second juvenile was found with a gunshot wound to the leg but he recovered from his injuries, according to court documents.

Jackson and his co-defendants, Tyiion Kyree Freeman, Reginald Lopez Steele, Jr. and Aaron Dequan Brown were arrested soon after for first-degree murder. Parties are currently trying to litigate issues with DNA testing.

During the most recent hearing for this case on Feb. 2, the defense said they intend to have an expert present while evidence is tested. Still, the prosecutor said the testing would cost $15,000, which the defense argued is unreasonably high. DC Superior Court Judge Rainey Brandt said her chambers will make a decision in the near future and let both parties know before the next hearing.

Document: February 1 Homicide Victim Identified

The Metropolitan Police Department (MPD) has identified the victim in a Feb. 1 homicide.

At approximately 2:34 p.m. officers responded to the 2300 block of 4th Street, NE, due to a report of a shooting. Upon arrival, officers located 31-year-old Matthew Murphy inside of a residence with a gunshot wound. He was pronounced dead on scene, according to the press release.

Plea Offer Extended to Fourth-Degree Sex Abuse Defendant

A prosecutor extended a plea offer to a 25-year-old defendant charged with fourth-degree sex abuse.

On a September evening in 2021, the defendant asked the victim if he could spend the night at her apartment because he was experiencing homelessness, according to court documents. The victim agreed as she knew him through her ex-boyfriend. She alleges that she woke up to him sexually assaulting her. After she called the police, the defendant was questioned and arrested.

During a Feb. 2 hearing, defense attorney Derrick Page said he would read over the plea deal, discuss it with his client and update the court by the next hearing, which DC Superior Court Judge Robert Okun scheduled for Feb. 7

Defense Attorney Withdraws From Defendant’s Two Murder Cases

A defense attorney withdrew as counsel for a defendant facing murder charges for his alleged roles in two homicides that took place nearly 22 years apart.

Rasheed Young is charged with first-degree murder while armed in the shooting of 26-year-old Cedric Rodgers on June 11, 1996, on the 300 block of Franklin Street, NE. He is also charged with second-degree murder while armed in the shooting of 39-year-old Ronald William Richardson on May 20, 2018, on the 2300 block of 4th Street, NE.

The 43-year-old was arrested for both homicides on Dec. 23, 2020, and has remained in custody ever since.

Defense attorney Elizabeth Weller recently motioned to withdraw from the cases, citing irreconcilable differences between her and Young. DC Superior Court Judge Robert Okun approved the request during a Feb. 2 hearing. An ascertainment of counsel hearing is set for March 3.

Defendant Accused of Armed Sexual Assault Rejects Plea Offer

A sexual abuse defendant rejected a prosecutor’s offer to plead guilty to a lesser charge.

In March 2021, the victim met with officers in the lobby of a NoMa apartment complex, according to court documents. She said she turned the defendant away when he asked to come to her apartment for a drink earlier that day. After she encountered him for a second time, he allegedly forced his way into her home, beat her and sexually assaulted her at knifepoint.

The defendant was apprehended that same day and is currently charged with first-degree sexual abuse while armed.

He rejected a plea offer on Feb. 2 and is looking to go to trial. This case was previously set to go to trial in January but it was delayed due to the COVID-19 pandemic. DC Superior Court Chief Judge Anita-Josey Herring issued an order on Dec. 30, 2021, that new jury trials scheduled through Feb. 11 be continued to the earliest possible date after the 11th.

Judge Milton Lee set a status hearing for April 18.

Judge Lifts GPS Monitoring Requirement for Child Sex Abuse Defendant

A DC Superior Court judge removed a child sex abuse defendant from GPS monitoring.

The defendant is accused of threatening an 11-year-old girl with a knife and sexually assaulting her on May 2, 2021.

He was charged soon after with first-degree child sex abuse and first-degree sex abuse while armed. A judge released him with GPS monitoring and he has been on it ever since.

Defense attorney Damon Catacalos asked Judge Maribeth Raffinan to lift the GPS monitoring requirement during a Jan. 28 hearing. Catacolos said his client has been perfectly compliant with his release conditions and that the GPS is painful when he is at his construction job.

The prosecutor made no objection and Judge Raffinan granted the request.

Parties are slated to reconvene for a status hearing on March 22.

Parties Prepare for Murder Trial More Than Three Years After Teen’s Death

Parties met in court to prepare for an October murder trial centered on the fatal shooting of a teenage boy that took place more than three years ago.

On December 13, 2018, 15-year-old Gerald Watson was found inside a building on the 2900 block of Knox Place, SE. He had sustained 17 gunshot wounds and was pronounced dead soon after. A witness said they saw two gunmen, one of whom they knew by the name “Malik,” according to court documents.

Three days after the shooting, police arrested Malik Holston, who was 16-years-old at the time. Now, his defense team is preparing for trial.

During the most recent hearing on Feb. 2, parties went over key facts and figures for the trial.

The prosecutor estimated they will call 20 to 25 witnesses, including five experts. They also plan to conduct another round of DNA testing since the Department of Forensic Sciences recently lost its accreditation.

Defense attorney Shawn Sukumar said the defense will only have two or three witnesses and no experts. He does not plan on conducting any DNA testing.

DC Superior Court Judge Rainy Brandt gave parties until June 6 to submit their motions with responses due by Sept. 2. A motion hearing is scheduled for Sept. 8.

Defendant Rejects Plea Deal in Sex Abuse Case

A defendant accused of sexually assaulting an unconscious victim rejected a plea offer.

In April 2019, Metropolitan Police Department officers responded to the report of a criminal assault. Upon arrival, the victim told officers that the defendant sexually assaulted him while he was asleep, according to court documents. The defendant, 32, was arrested that day and charged with second-degree sexual abuse.

If convicted of this charge at trial, he could face a maximum sentence of 20 years in prison.

A plea offer was stated during the most recent hearing for this case on Feb. 1. If the defendant agreed to plead guilty to second-degree sexual abuse, the prosecutor would recommend a three-year prison sentence to be followed by 10 years of supervised release.

The defendant rejected the offer and wants to take the case to trial. The prosecutor said they need to have more testing done on DNA samples provided by the victim and defendant before a trial date is set.

DC Superior Court Judge Milton Lee scheduled the next hearing for March 3. In the meantime, the defendant will remain released.

Judge Denies Murder Defendant’s Request to Modify Pretrial Release Conditions

A DC Superior Court judge denied a request to change a murder defendant’s pretrial release conditions.

Bernard Matthews is accused of fatally shooting 22-year-old Diamonte Green on the 300 block of 33rd Street, NE, on Feb. 16, 2021. Green sustained eight gunshot wounds to the torso, extremities, neck and head, according to court documents.

Matthews, 42, was arrested and charged with second-degree murder while armed two months later. He was released into the High Intensity Supervision Program with GPS monitoring. He has remained released ever since.

During a Feb. 1 hearing, Judge Maribeth Raffinan denied a request to lift the defendant’s curfew after he was reported to have violated his curfew in three different instances. Defense attorney Andrew Ain said these violations were due to his client having changes to his work schedule, specifically late at night. He has also been unable to contact the office of the Pretrial Services Agency (PSA).

Judge Raffinan reminded Matthews that he must abide by his release conditions and get approval to stray from his scheduled curfew, even if it is for his job. She requested an additional number to contact, aside from the defendant’s case manager, in the event that the case manager is not available so Matthews can stay in contact with the PSA.

The next hearing is set for April 29.

Defense Seeks Independent DNA Testing Ahead of Murder Trial

A murder defendant’s lawyer informed a DC Superior Court judge that they plan to conduct independent DNA testing.

Joseph Melton is accused of stabbing two people on Jan. 14, 2020. One of the victims, 48-year-old Kevin Chamberlain, succumbed to his injuries after police found him suffering from multiple stab wounds on the 2400 block of Virginia Avenue, NW. The other victim survived.

Melton, 53, is set to go to trial this August on charges of first-degree murder while armed, assault with intent to kill while armed, assault with a dangerous weapon, carrying a dangerous weapon and possession of a prohibited weapon.

During the most recent hearing for this case on Jan. 27, parties discussed the DNA testing being done ahead of the trial. The prosecutor said they have tested clothing, two knives recovered from different scenes and DNA samples taken from the defendant as well as the surviving victim. They said that blood matching both victims was found on a knife in the defendant’s possession.

Defense attorney Joseph Wong responded, saying he intends to conduct their own independent DNA testing. Judge Robert Okun set a March 28 deadline for any motions regarding DNA testing with responses due by April 28. Expert notice is due by June 6.

Parties are scheduled to meet again on July 11 for a trial readiness hearing.

Search