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Detective Takes Stand in Preliminary Hearing for Murder Defendant

The lead detective in a homicide investigation gave his testimony during a preliminary hearing to determine if the case has enough evidence to go to trial. 

Darrell Moore is charged with first-degree murder while armed in the shooting of Julius Hayes on the 300 block of 18th Street, NE, on April 3. During a Nov. 18 hearing, the defense mentioned that a potential pre-indictment plea deal was on the table but due to the fact evidentiary proceedings have already begun, it appears negotiations have faltered.

Two video clips from surveillance cameras in the neighborhood positioned on opposite sides of the street where the shooting happened were shown. In both, a black sedan is seen driving up to a curb. It parks and the driver who is alleged to be Moore gets out. He leaves the frame of the video before returning less than two minutes later and driving off. Several kids can be seen playing on the sidewalk and around three or four pedestrians walk past the video frame down both sidewalks.

Several minutes later, the same car returns but somewhat double-parks this time, partially obstructing traffic on the street. The same man, who is alleged to be Moore, gets out once again and begins conversing with a shorter man believed to be Hayes. Following an apparent heated argument between the two, the shorter man leaves and crosses the street. The man believed to be Moore then follows him, moving out of frame. Several gunshots ring out and screaming voices can be heard as the alleged shooter ducks quickly back into the black sedan and drives off in the direction of C Street, NE. 

In the second video, two neighbors ran out of their homes to investigate the noise and watched the shooter drive off. Hayes is not visible in either of the surveillance videos after being shot.

Several .40 caliber bullet casings were found in the vicinity but were determined to be irrelevant due to the murder weapon being a long-barrelled revolver. A revolver, unlike a handgun with a magazine, does not expel its casings when fired—casings remain in the cylinder and have to be discarded manually. Two projectiles were recovered from the scene, one on the sidewalk and one from the autopsy. Through forensic analysis, both were determined to have been fired from the same gun. Hayes was shot a total of six times on the right side of his body.

The defense and prosecution also stipulated to the discovery of stippling on Hayes’ body, which was detailed in the medical examiner’s report. Stippling is a secondary effect of getting shot that refers to orange and brownish marks, punctures and abrasions around entry wounds as a result of unburned or expelled powder from a bullet. Stippling marks were not observed by police officers at the crime scene on April 3—they were later discovered during an autopsy.

There was only one witness who identified Moore on the scene. When defense attorney Kevin Irving pressed the detective on the validity of the witness’s statement, he was reluctant to provide any contextual or relationship details that might reveal the witness’s identity.

According to court documents, a witness who provided background information for investigators said an individual by the name of “Greg” was in the area of the 300 block of 18th Street. Irving suggested “Greg” could have been the shooter, but the detective maintained that the investigation showed “Greg” was not at the location during the time of the incident. When Irving asked if the detective had spoken to “Greg” directly, he said he had not and that such a conclusion was reached using surveillance footage and witness accounts. The detective also added “Greg” was much taller than Moore, who is around five-foot-two, and was unlikely to have been the shooter seen on the two video clips. 

Irving also pointed out various passersby, including a pedestrian who glanced at the two men arguing, as potential persons of interest. The detective explained those people were not pursued because they were determined to be irrelevant in the homicide investigation. When pressed on why he did not pursue nor identify at all bystanders for questioning, the detective replied, “I don’t just show witnesses a video and ask them, ‘Is this you?’”

Irving also questioned whether detectives could even tell Moore was driving the car in both video clips. “I mean, I see [Moore] now. I know what he looks like,” the detective replied, explaining how Moore’s skin complexion, physical build and physical height helped identify the defendant as the alleged murderer.

The black Ford Fusion, which the detective said belonged to Moore’s girlfriend, was caught by DC license plate readers entering DC from the lower end of Prince George’s County, Md. on the day of the incident.

The detective said search warrants were issued for Moore’s girlfriend, mother and stepfather’s homes during the course of the investigation. Moore’s stepfather pointed him to a hallway closet that belonged to the defendant. The detective said he found a pair of Timberland boots that were identical to a pair that were identified on the shooter at the incident location. 

In the warrant for Moore’s arrest, a background detail revealed Moore and Hayes had an altercation at a prison between 2006 and 2007. When Irving asked about the details of the incident, the detective replied he could not recall from the investigation whether the defendant and the decedent were cellmates or held in the same cell block, but confirmed the two “overlapped”.

Another piece of evidence entered into the record were cell tower records acquired from several cell phones confiscated from Moore and the residences for which search warrants were issued. The detective said shortly after Hayes was shot, several calls were made in rapid succession that involved Moore’s phone across the regions he came from near Hyattsville and College Park, Md.

Parties were not able to finish the preliminary hearing on Dec. 15. Proceedings are scheduled to pick back up on Jan. 4.

Judge Rules Murder Defendant May Attend Son’s Funeral Virtually

A pretrial detainee in a murder case requested a DC Superior Court judge to allow him to be temporarily released so that he may attend his three-year-old son’s funeral. The judge denied the request but did allow him to be virtually present for the service.

Keshawn Taylor is charged with first-degree murder while armed in the shooting of 26-year-old Tyree Brox on Dec. 21, 2020, on the 5000 block of Bass Place, SE. 

Defense attorney Brandon Burrell filed the emergency motion on Dec. 14. During the Dec. 16 hearing, Judge Danya Dayson was unwilling to grant 22-year-old Taylor’s release due to his criminal history and the nature of the alleged murder. She said she wanted to ensure that he can attend his son’s funeral so she allowed him to go virtually. Taylor’s defense counsel said they can make arrangements with the defendant’s family.

Taylor’s case is currently awaiting indictment. His next hearing is set for Jan. 28. 

Prosecution Calls Final Witnesses in Murder Trial

Prosecutors called their final witnesses to the stand during a trial for the fatal shooting of 11-year-old Karon Brown.

Tony McClam is on trial for first-degree murder while armed in Brown’s death. If the defendant is convicted, prosecutors intend to seek a sentence of life in prison without release, according to court documents. 

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.

The doctor who performed Brown’s autopsy the day after he was killed on July 18, 2019, took the witness stand during the Dec. 15 proceedings. The prosecution admitted photos from the autopsy into evidence and the doctor indicated the entrance wound in the victim’s top right back.

During opening arguments, the prosecution alleged that McClam bought the gun allegedly used to shoot Brown illegally at an out-of-state gun show. A member of the Metropolitan Police Department (MPD) testified that she looked up if McClam had a license to carry a pistol in DC and found that he did not. She also said that no one else in the apartment where McClam was living had such a license. 

McClam purchased the alleged murder weapon in 2019 because he was living in an area with high amounts of crime and shootings, according to his attorneys, Aubrey Dillon and Jason Tulley. Four days after opening arguments, the attorneys motioned to preclude prosecutors from cross-examining McClam on his prior gun purchases in 2013, 2014 and 2016 in the event he takes the stand in his own defense.

In the motion, Tulley and Dillon argue that any firearm McClam purchased or possessed besides the one allegedly used to shoot Brown is not relevant to the case and would be prejudicial.

“Even if Mr. McClam were to testify to the 2019 firearm purchase, this would not ‘open the door’ for the government to cross on prior firearm purchases, due to the risk of undue prejudice,” they state.

DC Superior Court Judge Neal Kravitz has not yet made a decision on that motion. 

The prosecution also called an MPD officer who was at the scene of the shooting on the 2700 block of Naylor Road, SE, to the stand.

The defense’s witnesses included a member of the Office of Unified Communications who testified to a 911 call made the day of the homicide and a courtroom clerk who testified to an arrest warrant that was served in January 2020. A Metro Transit Police Department also took the stand.

The defense also called an MPD detective who investigated the fatal shooting of McClam’s brother. She said McClam testified during grand jury proceedings related to the homicide. She said McClam thought a member of his family was involved in his brother’s death. 

The detective also said that on the day of the shooting he got a call from McClam’s mother. She said she could hear McClam, and he sounded like he was crying.

The trial isset to resume on Dec. 16.

Document: Maryland Resident Killed in Traffic Accident

Metropolitan Police Department (MPD) detectives are investigating a traffic fatality that happened on Dec. 14.

A preliminary investigation revealed that, at approximately 7:02 p.m., an individual was driving southbound on the  900 block of Southern Avenue, SE, in a Volkswagen Jetta, according to a press release. At the same time, 47-year-old Barry Taylor was crossing the street outside of a marked crosswalk. The Volkswagen’s driver struck the victim, and then immediately stopped and remained on scene.

Taylor was pronounced dead at a local hospital.

Forensic Specialists Testify at Murder Trial

Two Department of Forensic Science (DFS) personnel testified during a trial for the fatal shooting of an 11-year-old boy. The man who tried to help the victim after he was shot also took the stand.

Tony McClam is charged with first-degree murder while armed in the death of Karon Brown on July 18, 2019, on the 2700 block of Naylor Road, SE.

One of DFS personnel was an evidence processing specialist responsible for analyzing the alleged murder weapon, a pistol, and the magazines related to it. During the Dec. 14 proceedings, he testified that no blood or significant DNA was found on the weapon.

The third witness took Brown to a firehouse after he was shot. Defense attorney Jason Tulley asked him why he didn’t take Brown to a hospital instead.

“I knew a lot of the firehouses because I used to train there when I was trying to get certified,” he responded. “I felt they were closer than any hospital.”

Tulley then asked if the witness did anything to help the boy while he was in the car. “I didn’t think there was anything I could do as I was driving,” he said. “My girlfriend was in the car with me but she was calling 911.” 

The witness’ 911 call was admitted as evidence. Tulley asked the witness why the phone was hung up during the 911 call. “I only hung up because we had reached the firehouse,” he said. “They knew where I was taking him and I needed to talk to the emergency services that were already there.” 

The defense also admitted video footage of the witness making a U-turn while driving with Brown in his back seat. Tulley asked the witness why he turned the car around. “The boy told me where he lived but I heard him wrong,” he said, in tears. “When I re-asked for clarification, I realized I needed to turn around because I was going the wrong way.”

Finally, Tulley asked the witness about the boy’s vitals while in the car.

“After about five minutes he went unconscious,” he said. “All I could hear was his limp body moving around in the back seat and I thought to myself he might already be dead.”

The prosecution plans to have two expert witnesses testify during the next day of the trial.

Document: Suspect Arrested in September Homicide

A suspect has been arrested in a homicide that happened on Sept. 3.

At approximately 10:49 p.m. that day, officers responded to the 900 block of Division Avenue, NE, for the report of a shooting. There, they were informed that two men arrived at a local hospital suffering from gunshot wounds. One of them, 28-year-old Kalin Louis Middleton, died of their injuries.

On Dec. 14, 28-year-old Lavelle Watts was arrested for first-degree murder while armed.

Document: Fatal Shooting in Northeast, DC

Metropolitan Police Department detectives are investigating a homicide that took place on the morning of Dec. 14.

At approximately 6:50 am, officers responded to the Unit block of 61st Street, NE, for the report of a shooting, according to a press release. There, they found 44-year-old Jacques Rus unconscious and unresponsive, suffering from a gunshot wound. He was pronounced dead on scene.

Man Pleads Guilty to Metro Station Sexual Assaults

A defendant entered guilty pleas in a series of sexual assaults at the Chinatown-Gallery Place metro station.

Morgan Olah pleaded guilty to second-degree child sex abuse, two counts of misdemeanor sex abuse and one count of misdemeanor sex abuse of a child or minor during the Dec. 14 hearing.

In July 2020, the 25-year-old made explicit comments towards three girls ages 13, 14 and 16. In response, the girls told him they were 12-years-old and 13-years-old. Olah then groped all of the victims. He went on to sexually assault a fourth adult victim, according to the proffer of facts. 

Before taking the plea deal, Olah was charged with three counts of second-degree child sex abuse. He will have to register as a sex offender for the remainder of his life as a result of his conviction. 

Judge Juliet McKenna scheduled Olah to be sentenced on Feb. 23.

Judge Denies Request to Detain Sex Abuse Defendant

A DC Superior Court judge denied a request to detain a defendant accused of sexually abusing a patient.

The 36-year-old defendant is charged with first-degree sex abuse of a patient for allegedly sexually assaulting someone while giving them a massage in 2019. The defendant is a licensed massage therapist at a local massage spa. He was arrested in May 2021 in relation to this incident.

He is currently on pretrial release in this case but the prosecutor said during the Dec. 14 hearing that he has failed to report to the Pretrial Services Agency (PSA) for approximately 69 to 71 percent of the time since his initial charge. A representative from the PSA appeared in the hearing and noted that he was also unable to confirm his address.

“The record is clear, he’s been noncompliant,” Judge Marisa Demeo said.

The prosecutor asked Judge Demeo to hold the defendant at DC Jail. However, defense attorney Howard McEachern said he was able to contact the defendant and requested he remains released on the condition that he begins keeping up with the PSA weekly.

Judge Demeo decided not to hold the defendant because she said he has not attempted to contact the victim and McEachern was able to provide additional phone numbers.

The defendant is scheduled to return to court on Jan. 18 for a preliminary hearing to determine if his case has enough evidence to go to trial.

Document: Arrest Made in Double Homicide

A suspect has been arrested in connection with a double homicide that occurred on July 25.

At around 3:58 p.m. that day, Metropolitan Police Department (MPD) officers responded to the 100 Block of Q Street, NW, for the report of a shooting, according to a press release. There, they found 22-year-old Jovan Hill Jr. and 19-year-old Tariq Riley suffering from gunshot wounds. They were pronounced dead at a local hospital.

A third victim was found at a local hospital being treated for non-life-threatening gunshot wounds.

On Dec. 13, 20-year-old Jalen Browne was arrested for two counts of first-degree murder while armed.

Mass Shooting Defendants Likely to Reject Wired Plea Offer

The lawyer for one of two men charged in connection with a mass shooting said her client is likely to reject a wired plea offer that requires both defendants’ acceptance to go into effect.

Aaron Adgerson, 17, and Terrance Oxner, 21, are both charged with first-degree murder while armed in the shooting of 22-year-old Edward Wade on Jan. 25. Four other adult males, including Oxner, sustained non-life-threatening injuries during the drive-by shooting. Neither defendant has been indicted in this case.

Adgerson’s defense attorney, Michael Madden, said during a Dec. 13 hearing that a wired plea offer was on the table but no official decision had been made by his client, who he last talked to a week ago. The plea deal would require both defendants to plead guilty to lesser-indicted charges of second-degree murder while armed and conspiracy to murder.

If one refuses, neither can take the plea.

Oxner’s defense attorney, Madalyn Harvey, said her client would likely be rejecting the plea offer and requested a schedule for setting an indictment and trial date.

Harvey expressed frustrations with the prosecution about evidence disclosure.

“[Oxner] has been incarcerated without an indictment for six months. Six months, discovery was to be provided,” she said. “I requested at every hearing to be provided with full discovery. I think there’s discovery outstanding, I think I have less discovery than others. I’m glad to set a status date and come back but I don’t want another 30 days out and doing nothing over again.”

The prosecutor said there were outstanding pieces of evidence that are expected to be uploaded later today.

“I’m requesting the discovery that would normally be provided at the time of indictment, which may not include grand jury and witness statements,” Harvey responded. 

DC Superior Court Judge Marisa Demeo encouraged parties to resolve evidentiary issues informally but told Harvey if the government failed to share evidence she should file a motion to compel the prosecution’s cooperation, and a court intervention would be in order.

The next hearing is set for Jan. 27.

Adgerson is also charged with escape for allegedly attempting to leave the Psychiatric Institute of Washington in Northwest DC, following his arrest.

Editors Note: D.C. Witness defines a mass shooting as four or more victims shot.

Judge Sets Preliminary Hearing for Sexual Assault Case

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

The 53-year-old defendant is charged with assault with intent to commit third-degree sex abuse for allegedly sexually assaulting a woman in June on the 3700 block of First Street, SE.

The victim told police she approached the defendant to see if he was okay because he looked like he needed help. The defendant allegedly groped her before grabbing her arm as if he were trying to pull her down. The victim kicked him and ran away before asking a woman nearby to borrow her phone so she could call the police, according to court documents.

The defendant is currently released into the High Intensity Supervision Program. During the Dec. 13 hearing, Judge Juliet McKenna scheduled the preliminary hearing for Jan. 14.

Document: December 10 Homicide

Metropolitan Police Department (MPD) detectives are investigating a Dec. 10 homicide.

At approximately 10:06 p.m. officers arrived at the  2300 block of 4th Street, NE, due to a reported shooting. Upon arrival, officers located 34-year-old Davon Childs inside of an apartment complex with gunshot wounds. He was pronounced dead on scene, according to the press release.

A second victim was also located outside with gunshot wounds and taken to the hospital for non-life-threatening injuries, according to the press release.

Judge Sets Preliminary Hearing for Man Accused of Beating 76-Year-Old to Death

A DC Superior Court judge scheduled a hearing to determine if a case where the defendant is accused of beating a 76-year-old man to death has enough evidence to go to trial.

Clifton Browne is charged with second-degree murder in Luther Brooks‘ homicide. Browne, 57, allegedly beat Brooks to death on Sept. 27. 

Police responded to Brooks’ home on the 1300 block of Kalmia Road, NW, that day for the report of an injured person. Upon arrival, they found him on a stretcher being taken to the hospital by emergency medical personnel. He was said to have sustained injuries from an alleged fall down the stairs. His head was wounded and he had multiple rib fractures, according to court documents.

Brooks died on Oct. 8, one week after the Metropolitan Police Department’s homicide branch began investigating the incident due to the seriousness of his injuries.

The doctor who performed Brooks’ autopsy noted that his injuries were too severe to be caused by a fall down the stairs, according to court documents. 

Browne was arrested on Dec. 6. He is currently being held at DC Jail.

Judge Juliet McKenna scheduled the preliminary hearing for Feb. 15 during the Dec. 13 hearing.

Child Sex Abuse Defendant Indicted on 15 Charges

A child sex abuse defendant was arraigned on fifteen charges during a Dec. 13 hearing.

The 59-year-old defendant is indicted on five counts of first-degree child sex abuse, four counts of attempted first-degree child sex abuse, three counts of second-degree child sex abuse, one count of third-degree child sex abuse, one count of first-degree sex abuse and one count of kidnapping. He allegedly sexually abused his 11-year-old niece multiple times over a one-week period.

He was arrested in January after describing many instances of the alleged abuse to detectives, according to court documents. He has been detained at DC Jail ever since.

A plea offer was already rejected during the hearing. Another hearing is scheduled for Feb. 14.