Judge Admonishes Prosecutors for ‘Lack of Diligence’

DC Superior Court Judge Neal Kravitz admonished the prosecution for asking to postpone a shooting case that that’s been in progress for more than two years case just 13 days before the trial in a hearing on Sept. 17.

Daquawn Lubin, 30, and Jonathan Young, 35 are charged with conspiracy while armed, two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, unlawful possession of a firearm, carrying a pistol without a license outside home or business, assault with significant bodily injury while armed, and three counts of possession of a firearm during a crime of violence while armed.

Additionally, Lubin is charged with possession of a prohibited weapon. Young is charged with an additional count of possession of a firearm during a crime of violence while armed.

The counts are in connection to their alleged involvement in a non-fatal shooting at the 4600 block of Benning Road, SE on July 24, 2023. Two individuals sustained injuries.

During the hearing, parties addressed the prosecution’s motion for continuance as well as to reconsider a previous ruling to exclude the prosecution from presenting expert testimony.

This prosecution team is new to the case and they say they need more time to review the evidence as well as present expert witnesses.

Judge Kravitz was not persuaded, noting everyone’s busy schedule. In particular, the judge was concerned Lubin’s ability to present his case in a timely fashion could be prejudiced by additional delay.

In spite of concerns by his attorney Lisbeth Sapirstein, Young voiced his frustrations directly to the judge stating that motions have been “going on for months”and every time the prosecution is supposed to argue something, something comes up.

Lubin’s attorney, Kevin O’Sullivan, complained there is a lack of due diligence by the US Attorney’s Office (USAO) in terms of trial preparations.

The prosecution responded they weren’t entirely sure what expert testimony would be required but they did test for DNA at the scene which they will present as evidence.

Judge Kravitz responded the prosecution shouldn’t be permitted to present expert testimony at Lubin’s trial since the defense would only have a few days to prepare.

He also stated that a previous prosecutor said there would not be expert witnesses. While he didn’t cite the prosecutors for bad faith he noted a general “lack of diligence” and that this case hasn’t received attention it deserves from the USAO.

The prosecution noted that the circumstances are unusual and there is still a lot of material they as well as the defense counsel need to evaluate.

The motion to delay the trials was denied the but prosecution will be allowed to present cell site and GPS data.

Prosecutors later called a Metropolitan Police Department (MPD) officer who stated that they were contacted by an MPD detective regarding a shooting that took place by the Benco Shopping Center.

The officer obtained photos of a person of interest pulled from surveillance footage that was shown to people in the shopping center. One individual claimed that the person in the photo drove a silver Volvo with Virginia tags in the area often.

After locating the car, the tags were run. Results showed the tags registered to the car, but with no named owner. However, there were records of a stop in October of 2022 where another individual along with Young were identified, according to the officer. Witnesses did not recognize the other individual when shown a photo.

According to the officer, a traffic stop was made on Aug. 2, 2023 on the basis the vehicle had an unregistered owner, Young was in the vehicle at the time.

During cross examination, Lisbeth Sapirstein, Young’s attorney, noted that in body-worn camera footage the officer and his partner only talk about the other individual in the car, not Young.

The officer told Sapirstein that the vehicle was pulled over because of excessive window tint and for having an registered owner. Sapirstein noted that the officer never said anything about the tint to the people in the vehicle.

Once the officer was excused, Sapirstein claimed that this officer and a previous one who testified had conflicting versions of events as one said the stop was because of stop sign violations. She argued that the tint was only an issue after the vehicle was stopped.

Parties are slated to reconvene Sept. 23.

Document: MPD Investigating Sherier Place Officer-Involved Shooting

The Metropolitan Police Department (MPD) announced an investigation into an officer-involved shooting on Sept. 16 in the 5100 block of Sherier Place, NW. Officers responded to a domestic disturbance report, where the suspect, Jonathan Boruch, 31, allegedly charged at them with knives. Despite verbal commands and the use of an Electronic Control Device, Boruch continued advancing, leading officers to discharge their weapons, resulting in his death. The incident is under review by the Internal Affairs Bureau and the U.S. Attorney’s Office.

Document: Fatal Stabbing in Takoma

The Metropolitan Police Department (MPD) announced they are investigating a fatal stabbing that occurred on Sep. 15 in Northwest. The victim, identified as 20-year-old Devell Wade, was found with stab wounds in an apartment complex on the 200 block of Carroll Street, NW and was pronounced dead at the scene. The incident is believed to be domestic in nature, and the investigation is ongoing.

Prosecutors to Upgrade Charges After Shooting Victim Dies

Prosecutors alerted DC Superior Court Judge Rainey Brandt that they plan to bring more serious charges against a defendant on Sept. 12.

Damon Bradford, 28, was originally indicted with assault with intent to kill while armed, carrying a pistol without a license outside of a home or business, aggravated assault while armed, and two counts of firearm possession during a crime of violence for his alleged involvement in a shooting at the 1200 block of North Capitol Street, NW, on Oct. 2, 2024.

During the hearing, the court was notified that the victim, identified as 36-year-old Kevin Dextraze, died over the weekend from gunshot wound complications.

Because of the enhanced charges the prosecution will be filing a superseding indictment.

Parties are slated to reconvene Jan. 9.

Document: MPD Arrests Suspect in 12th Street Shooting

The Metropolitan Police Department (MPD) announced the arrest of 26-year-old Sapphire Johnson, of Bowie, MD, in connection with a shooting on the 3900 block of 12th Street, NE, on July 12. Johnson is alleged to have been involved in the incident where an adult male was found with a gunshot wound and transported to a hospital. She is charged with Assault With a Dangerous Weapon (Gun).

Shooting Defendant Gets GED in Jail, Sentence Suspended

DC Superior Court Judge Judith Pipe issued a suspended sentence to a non-fatal shooting defendant with supervised release on Sept. 5.

Tevin Spivey, 21, pleaded guilty on Nov. 11, 2024 to assault with a dangerous weapon and carrying a rifle without a license outside a home or business for his involvement in a shooting that occurred on July 21, 2024 on the 5100 block of Fitch Street, SE. Spivey fired one gunshot at the victim as she drove away but no injuries were reported.

Prior to the sentencing, prosecutors dismissed the carrying a rifle charge but did not elaborate on the reason.

During the sentencing, Judge Pipe asked Spivey’s defense attorney, Theodore Shaw, to explain why Spivey’s sentencing was postponed for 10 months prior to this hearing. Shaw explained that an earlier hearing would have interrupted Spivey’s completion of high school in a DC Jail education program..

Judge Pipe was upset because she said he could have done the same thing in the community on probation.

Shaw, after apologizing, said Spivey was remorseful for his actions, was a past victim of gun violence, and never received proper help for traumas he experienced.

Spivey read a letter before Judge Pipe in which he apologized to the victim and expressed that he wanted to be a “productive member of society.”

Judge Pipe congratulated Spivey on obtaining his high school degree and acknowledged that no one was harmed in the incident. He “does have a future ahead of him,” she stated.

Thus, Judge Pipe granted Shaw’s request to sentence Spivey under the Youth Rehabilitation Act (YRA). Under the YRA, Spivey’s conviction will be sealed if he successfully completes his sentencing requirements.

Judge Pipe’s final decision was a sentence of 30 months of imprisonment; but she suspended all the time already served. Spivey will serve three years of supervised release and one year of probation, where he willbe required to complete 90 hours of community service and undergo a mental health evaluation.

Judge Pipe ordered Spivey’s release following the hearing and no further dates were set.

Teen’s Family Members Testify About July 4th Murder

Witnesses close to the victim relived a fatal shooting that occurred hours after a Fourth of July celebration in a trial before DC Superior Court Judge Jason Park on Sept. 16.

Alphonso Oliver, 35, is charged with second-degree murder, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, and carrying a pistol without a license outside a home or business. These charges stem from his alleged involvement in the fatal shooting of Levoire Simmons, 16, that occurred July 5, 2022 on the 700 block of Kenilworth Terrace, NE.

In emotional testimony, Simmons’ mother recalled the final moments she spent with her son during which she and her family went to a field near the 800 block of Kenilworth Terrace, NE, to celebrate the Fourth of July. She went home around 10:30 p.m. while Simmons and his friends remained behind.

Simmons’ mother said she checked her son’s Instagram account and saw a video of him in a car holding a firearm. Feeling “livid,” the mother testified, she texted Simmons regarding the post but never received a response. The next call she received was her daughter screaming that Simmons had been shot.

Simmons’ sister, who was also present at the shooting, detailed the confusing moments before the killing. She described an evening disrupted by a man spooked by gunshots fired into the air by Simmons and another person present.

The sister claimed that the man was behaving erratically at first, but she thought nothing of it until he returned. According to the sister, Oliver, whom she identified as the shooter in court, crossed the road to reach their group, palms up in a motion of surrender, and got into a tussle immediately with Simmons. Shortly after, a gun was drawn and the suspect fled after firing it, according to Simmons’ sister.

“I just watched my brother die. I was losing it,” said the witness when she spoke about her interactions with the detective later, where she gave a description of the man who had shot Simmons and the events of the evening. Like her mother, she also described herself as “livid” in those moments.

The victim’s girlfriend also described the tussle, which she believed was over a gun. According to the girlfriend, the fight lasted less than thirty seconds before Simmons was shot. She also testified she believed the first interaction with Oliver that night was insignificant, only thinking that something bad would happen when he approached Simmons. The girlfriend identified Oliver as the shooter in court.

Both witnesses were certain that no one had ever threatened the shooter, either verbally or by pointing a gun at him. They also thought that Simmons did not have a gun on him at the time the tussle began, which the defense questioned multiple times.

A Metropolitan Police Department (MPD) officer who was dispatched to the scene found Simmons bleeding, unconscious, and not breathing. The officer claimed that he did not see a firearm in Simmons’ possession.

A crime scene analyst with the Department of Forensic Sciences (DFS) also testified on the physical evidence he gathered from the scene. According to the witness, he recovered bullet casings and a baseball cap from where the shooting occurred.

Parties are slated to reconvene Sept. 17.

‘Chivalrous’ Defendant Waives Right to Preliminary Hearing, Granted Release

A stabbing defendant waived his right to a preliminary hearing and was granted release by DC Superior Court Judge Renee Raymond on Sept. 2.

Anthony Jacobs, 59, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that occurred on the 1300 block of Howard Road, SE on Aug. 28.

During the hearing, his defense attorney, Sellano Simmons, alerted the court of his intent to waive his right to a preliminary hearing.

Simmons also requested Jacobs be released pending further proceedings, and claimed the victim allegedly was harassing women in Jacobs’ neighborhood and Jacobs had originally been trying to help the women. Simmons stated it led to a verbal argument, which escalated to the stabbing. Simmons also emphasized Jacobs’ cooperation with the police.

The prosecution pointed out Jacobs’ alleged confession to the stabbing and being drunk at the time.

Judge Raymond granted the defense’s request for release, citing his cooperation with the police and the circumstances of the victim allegedly harassing women near Jacobs’ residence.

She also acknowledged that, though Jacobs may have been attempting to be “chivalrous” in his actions, the law must be obeyed. As such, Judge Raymond released Jacobs under his personal promise to return to court as well as obey a pretrial stay away order for the victim’s safety.

Parties are scheduled to reconvene on Sep. 22.

Judge Finds Probable Cause in Grisly Homicide Case

DC Superior Court Judge Neal Kravitz ruled that there is probable cause that a defendant was a perpetrator in a homicide and may have practically dismembered the victim during a hearing on Sept. 11.

Tiffany Taylor-Gray, 23, is charged with first-degree murder while armed for her alleged involvement in the fatal stabbing of Fasil Teklemariam, 53, on April 5, 2024, on the 1300 block of Peabody Street NW.

Tommy Whack, 35, and Audrey Miller, 20, are also charged in connection to the incident.

During the hearing, the lead detective from the Metropolitan Police Department (MPD) testified in regards to the affidavit, arrest warrant, and some of the evidence in the case, which is still in review.

He testified that the case involved a robbery as well as the homicide, as the defendants were allegedly seen leaving an apartment building with bags and items allegedly taken from Teklemariam’s apartment. They were allegedly discovered in Gray’s apartment. however, the defense contended that there was no way to verify whether those items were stolen or when they were taken to Gray’s apartment.

Defense attorney Eduardo Blazer argued that much of the testimony regarding the whereabouts of the defendants at the time of the incident was speculation based on co-defendant Miller’s testimony and there was no video evidence to back it up.

The detective said one of two witnesses saw two of the defendants getting into the elevator and going to the floor of the victim’s apartment, though the witness did not see them entering the apartment.

The other witness reached out to police after overhearing Taylor-Gray’s allegedly discussing the murder over the phone with co-defendant Whack. This witness also reportedly saw Taylor-Gray with Teklemariam’s phone, using the thumb that had been cut off the victim’s hand to get into the device. This is the same phone that the detective had tracked but it has not been recovered.

The prosecution presented two phone calls as evidence, which the detective testified were between Taylor-Gray and Wells Fargo, regarding Teklemariam’s bank account. One of the calls was made in the time after his last sighting and before the body was discovered.

According to the officer, witnesses stated Miller was seen with Teklemariam on the night of April 1, the night the murder is believed to have taken place.

The defense asked if it was possible that the homicide could have happened at this time—the detective said that a conversation he had with Miller after her arrest suggested that the murder did not occur until after the other two defendants arrived on the night of April 1.

According to the detective, Miller had also said she had given Teklemariam pills that she allegedly got fromTaylor-Gray, which were intended to make him drowsy.

Judge Kravitz found probable cause in the warrant and supplemental testimony provided by the detective. He ordered that Taylor-Gray remain held without bond.

The prosecution noted that they would like to make a plea offer for all three defendants before the next hearing and would be speaking to the defense attorneys regarding it.

The parties are slated to reconvene on Sept. 23.

Document: MPD Investigating Birney Place Homicide

The Metropolitan Police Department (MPD) announced they are investigating a fatal shooting that occurred on Sept. 7 in the 2600 block of Birney Place, SE. The victim, identified as 20-year-old Najii Mercer from Oxon Hill, MD, was found with a gunshot wound and later pronounced dead at a hospital. The case remains under investigation.

Judge Dismisses Stabbing Case Over Missing Knife

DC Superior Court Renee Raymond stated that she had a “problem” with a stabbing case as the prosecution could not produce the weapon during a Sept. 11 hearing, and ultimately dismissed the case.

Anthony Israel, 43, was charged with assault with a dangerous weapon for his alleged stabbing of a store employee on the 2300 block of 18th Street, NW, on Sept. 7.

According to court documents, the incident stemmed from a disagreement between the victim and Israel after the victim accused Israel of stealing merchandise.

The prosecution called a Metropolitan Police Department (MPD) officer who responded to the scene to testify about the investigation.

According to the officer, surveillance footage showed the victim following Israel out of the store and kicking him. The footage shows the men getting into a physical altercation that allegedly ended with the stabbing.

As evidence of the stabbing, prosecution stated the presence of what seemed to be a knife in video footage taken from surveillance footage from the store, an eyewitness testimony, and a pry bar supposedly removed from the defendant at the time of the arrest. However, the prosecution failed to provide tangible evidence, besides written testimony from police.

There was no visible sharp object in the video footage presented by Neveen Hammad, Israel’s attorney. Furthermore, body-worn camera footage taken from the responding officers showed a different story than the prosecution’s–an unsure eyewitness unable to confirm the existence of a knife and a store employee that only experienced what he called “scratches” from the altercation.

Given the limited evidence, Judge Raymond stated that she had a “problem” with the case. “There is not probable cause given all of the evidence I’ve heard.”

She explained that not only was there no probable cause for an assault with a deadly weapon because of the lack of evidence for a sharp object at the scene, but it was also unclear if there was foundation for an assault claim because the store employee was the initial aggressor.

The case was dismissed with no further hearings scheduled.

Shooting Defendant Waives Right to Preliminary Hearing

A defendant in a shooting case waived his preliminary hearing of the evidence before DC Court Judge Eric Glover on Sept. 15.

Daryle Driver, 40, is charged with two counts of assault with a dangerous weapon for his alleged involvement in a shooting at the 100 block of Wilmington Place, SE on July 26.

During the hearing, Adam Harris, Driver’s attorney, alerted the court of his intent to waive the preliminary hearing.

According to the prosecution, Driver allegedly fired multiple rounds into the victims’ house. One of the victims was allegedly able to identify Driver to police via photo as the person who shot into their home.

Harris argued that Driver’s prior criminal record includes no violent crimes and that Driver should be permitted release.

The prosecution argued that the nature of the crime is too serious to allow Driver’s release.

Judge Glover sided with the prosecution, and denied the defense’s request for release.

Parties are scheduled to reconvene on Sept. 29.

Judge Arraigns Shooting Defendant as Parties Debate Surveillance Footage

A shooting defendant pleaded not guilty to arraignment charges before DC Superior Court Judge Deborah Israel on Sept. 11 after a debate over surveillance evidence.

Daquan Toland, 25, is charged with aggravated assault knowingly while armed, assault with a dangerous weapon, two counts of possession of a firearm during crime of violence, carrying a pistol without a license outside home or business, possession of an unregistered firearm, and unlawful possession of ammunition for allegedly shooting in public on June 2 at the intersection of M and 4th Streets, SW.

During the hearing, Henry Druschel, Toland’s attorney, alerted the court of his intent to plead not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial.

Additionally, Judge Israel denied the defense’s motion to dismiss for failure to preserve Washington Metropolitan Area Transit Authority(WMATA) footage allegedly showing the defendant after his alleged involvement in the shooting. However, in a sanction, she prevented the prosecution from arguing about what happened in places where there. is no footage available.

Druschel argued the WMATA footage showing the aftermath of the shooting could provide insight into Toland’s mental state and could help argue self-defense.

Moreover, Judge Israel requested a “specific piece of information” under seal to look over additional materials before ruling if the defense could have footage from another shooting that occurred a couple days prior.

Meanwhile, the prosecution offered a plea deal to one count of assault with a deadly weapon and a pistol without a license, the prosecution will dismiss all other charges. The defense requested more time to review the proposal.

The parties are slated to reconvene on Sept. 15.

Suspect Who Killed Stranger Gets 20 Years

DC Superior Court Judge Todd Edelman sentenced a murder defendant to 20 years in prison on Sept. 12.

Alvin Cruz-Garcia, 27, was convicted by a jury on June 6 of second-degree murder while armed for the fatal beating of Ramon Gomez-Yanez, 38, on March 23, 2021 on the 1500 block of Ogden Street, NW.

According to the prosecution, Cruz-Garcia was urinating close to Gomez-Yanez’s car and the two had a verbal exchange. Then, as surveillance footage shows, Cruz-Garcia fatally beat Gomez-Yanez.

The prosecution argued for the toughest sentence within the 12-to-24 year guidelines, noting the especially brutal nature of the murder. They also said that Cruz-Garcia left the country for Mexico after the incident and did not return for a year.

“During that time, the Gomez-Yanez family had no idea if they would ever get justice,” the prosecutor said.

They also noted that Cruz-Garcia had not expressed remorse or a desire to take responsibility for the death throughout proceedings.

Gomez-Yanez’s brother spoke, telling the court that Cruz-Garcia’s actions caused great grief in his family and the community.

“He killed a father, a brother, an uncle, a son and a nice neighbor,” Gomez-Yanez’s brother said.

Defense attorney Julie Swaney argued for a 12-year sentence, saying that Cruz-Garcia struggles with alcohol and a traumatic past, but has no criminal record. She said Cruz-Garcia’s parents abandoned him when he was young to move to the United States.

Swaney also explained that he is “extremely reserved” and laughs or smiles when uncomfortable, which she described as a nervous tic.

Cruz-Garcia chose not to give a statement.

Judge Edelman expressed concern for Swaney’s argument.

“It’s hard to see what in Mr. Cruz-Garcia’s life trajectory led to this,” he said.

Judge Edelman underscored the brutality of the incident, describing it as “almost intimate” and “entirely senseless.”

Judge Edelman sentenced Cruz-Garcia to 20 years in prison followed by five years of supervised release. He has 30 days to appeal.

No further dates were set.

Defendant Likely to Plead Insanity in Double Homicide

An attorney for a murder defendant told DC Superior Court Judge Todd Edelman that he will likely pursue an insanity defense on Sept. 12.

Ronzoni Jackson, Jr., 26, is charged with two counts of first-degree murder while armed, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior crime of violence. The charges stem from his alleged involvement in the fatal shootings of 28-year-old Octavio Quintano and 35-year-old Osmine Quintano on Dec. 12, 2023, at a liquor store on the 2300 block of 4th Street, NE.

According to court documents, the suspect was initially identified through distinctive facial features captured on surveillance footage.

Defense attorney Sellano Simmons said that the defense has an expert who will evaluate Ronzoni to determine whether to use an insanity defense during trial. The prosecution also said they want a Department of Behavioral Health (DBH) evaluation to determine if Jackson can be held criminally responsibile before trial.

Judge Edelman emphasized the importance of the defense expert’s meeting the Oct. 1 deadline for their report.

Parties are set to reconvene on Oct. 3.

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