Judge Finds Defendant Competent to be Sentenced

A DC Superior Court judge found a defendant charged in connection with a 2008 homicide competent to be sentenced.

In 2015, Joshua Massaquoi was initially charged with first-degree murder while armed in connection with the shooting of 21-year-old Michael Francis Taylor on June 22, 2008, on the 600 block of Farragut Street, NW. The 33-year-old defendant ultimately pleaded guilty to conspiracy to commit murder, accessory to second-degree murder and possessing a firearm during a crime of violence.

During the July 19 hearing, Judge Milton Lee said that Massaquoi’s most recent evaluation found him competent to be sentenced. Parties did not object.

The defendant was on home confinement waiting to be sentenced until March 2021, when a bench warrant was issued for his arrest and he was taken to St. Elizabeth’s Hospital, DC’s psychiatric institution, where he is now being held D.C. Witness previously reported.

Defense attorney Matthew Davies asked Judge Lee to release Massaquoi from the hospital so he can participate in a life-skills program. The prosecution objected to this request, citing multiple threats Massaquoi allegedly made while on home confinement, including toward President Joe Biden and the Department of Defense.

Judge Lee denied this request, saying that Massaquoi’s mental health should improve more before he is released. The defendant will remain at St. Elizabeths as he awaits his next hearing, which is scheduled for July 22.

A jury found Mason Binion, 34, guilty of first-degree murder while armed in connection with Taylor’s death in February 2020. He is currently waiting to be sentenced. Victor Carvajal, 34, was also charged with first-degree murder while armed, but his case was later dismissed.

Defense Seeks Independent Competency Evaluation for Convicted Murder Defendant

A DC Superior Court judge ordered a competency exam for a defendant’s murder case as well as the one he picked up after allegedly escaping St. Elizabeths Hospital, DC’s psychiatric institution. The defense is also seeking an independent competency evaluation.

Bernard Coleman III pleaded guilty to voluntary manslaughter while armed for shooting his 43-year-old father, Bernard Coleman Jr., on March 17, 2017. The 28-year-old defendant was awaiting sentencing at St. Elizabeths when, on Oct. 3, 2020, he allegedly escaped. Coleman was apprehended five days later after he and another suspect allegedly robbed a man, tasered him, stabbed his hands and left him handcuffed in a basement for three hours on the 400 block of Chaplin Street, SE. He is now facing armed kidnapping charges.

The following February, Coleman was found competent in both of his cases, but the defense said they want to hire an independent expert to evaluate him. During the July 19 hearing, defense attorney Janai Reed told Judge Michael Ryan they are in the process of admitting a neuropsychologist.

Judge Ryan scheduled another competency examination so the court would not have to proceed using a six-month-old report, saying competency is the type of thing that fluctuates easily.

Judge Ryan scheduled the next hearing for Sept. 16.

Judge Holds Four Domestic Violence Defendants During Presentments

A DC Superior Court judge held four domestic violence defendants during presentments on July 17.

Thirty defendants were presented in total.

One domestic violence defendant is charged with simple assault and assault on a police officer. After learning that she also has another misdemeanor case currently open, Judge Steven Wellner decided to hold her.

Two domestic violence defendants are charged with contempt for allegedly violating release orders in previous domestic violence cases. These alleged violations prompted Judge Wellner to hold them both. Their other charges include simple assault and second-degree theft.

These defendants are scheduled to return to court on Aug. 3.

Another domestic violence defendant is charged with simple assault. He was granted release in this case, but was held due to a fugitive case. He has an extradition hearing scheduled for Sept. 8.

Two other domestic violence defendants were also charged with simple assault. They were both released with stay away orders and are scheduled to return to court on Nov. 5.

Forensic Biology Analyst Testifies at Murder Trial

A forensic scientist testified during July 16 proceedings in a murder trial.

Nyekemia Everett, 35, and Malik Hewitt, 41, are charged with first-degree murder while armed in the shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE, on April 27, 2017. The prosecution alleges that the two defendants plotted to rob and kill Heard, who was selling the drug PCP to make money after having recently been released from jail. They allege that Everett shot Heard, while Hewitt acted as the getaway driver.

The prosecution called forward a forensic biology analyst from Bode Technology, who testified that the presumptive test she conducted on a jacket worn by one of the defendants tested positive for having blood on it.

During cross-examination, the defense questioned the test’s reliability since it was presumptive. They asked questions specifically about the process, her direct role, if there was a possibility that the test could come back as a false positive and if the blood may have belonged to an animal.

Judge Neal Kravitz said the prosecution will finish their case on July 19.

Defendant Sentenced to 7 Years for Assault and Gun Charges

A DC Superior Court judge gave a domestic violence defendant the maximum sentence for shooting at his victim’s car seven times as she drove away from him.

Derrick Johnson was initially charged with aggravated assault knowingly while armed, assault with a dangerous weapon and destruction of property, but pleaded down to aggravated assault knowingly in May.

The victim’s sister and six-month-old daughter were in the car at the time of the shooting. Six of the shots hit the driver’s seat door, and three struck the victim. She sustained life-threatening injuries.

“Without the heroic efforts of the EMS, she would not be here today,” Judge James Crowell said.

Judge Crowell sentenced the 22-year-old defendant to five years in prison, followed by three years of supervised release. He must also pay $16,028 in restitution to the victim.

“The court is deeply troubled by the defendant’s choices,” Judge Crowell said.

Johnson was also sentenced to two years in prison for carrying a pistol without a license outside a home or business. At the time of the shooting, Johnson was on pretrial release in this case.

The two sentences will run consecutively.

Defense attorney Anthony Viviani asked the judge to allow Johnson to benefit from the Youth Rehabilitation Act, which effectively seals young defendants’ cases once they complete the requirements imposed on them. He said the court has an opportunity to help his client choose the right path in life and argued that Johnson’s actions were impulsive and reflective of his youth. Judge Crowell denied the request.

The victim was the first to give an impact statement during the July 16 hearing. She spoke directly to Johnson.

“Do you know what it feels like to not be able to go home to your child because you have to recover in the hospital,” she asked him.

The victim’s mother said the day of the shooting is one that she will never forget. The victim’s father also spoke, saying he is thankful his daughter is alive today.

Johnson spoke last, apologizing to the victim and her family.

“We’re all human and we all make mistakes,” he said.

Johnson must also pay $100 to the Victims of Violence Crime compensation fund for each of his cases.

Documents: Police Investigate Homicide

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on July 18.

At about 1:29 a.m. officers responded to the 6700 block of 5th Street, NW, due to reports of a shooting. Upon arrival, officers located 29-year-old Dara Northern and pronounced her dead on scene from gunshot wounds. After investigation, officers found that the initial incident had occurred on the 6100 block of 4th Street, NW, according to the press release.

Judge Holds One Domestic Violence Defendant During Presentments

A DC Superior Court judge held one domestic violence defendant and released three others during presentments on July 16.

In total, 28 defendants were presented before the court.

The held domestic violence defendant is charged with threat to kidnap or injure a person, simple assault, attempted threats to do bodily harm and attempted possession of a prohibited weapon. Judge Judith Pipe decided to hold the defendant because she said there were no conditions that would ensure the community’s safety if he were released. The defendant is scheduled to return to court on Aug. 3.

The charges for the released domestic violence defendants include simple assault, assault with a dangerous weapon, destruction of property less than $1,000, attempted possession of a prohibited weapon and attempted threats to do bodily harm.

Judge Pipe issued stay away orders for all of the released defendants. They are scheduled to return to court on Nov. 5 and 10.

A sex abuse defendant who had a bench warrant issued for their arrest due to a probation violation was released. The defendant is on probation for misdemeanor sex abuse, and is scheduled to return to court on July 30.

Crime Alerts: July 18-19

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on July 18 and 9:00 a.m. on July 19.

A crime alert was sent out at 12:03 a.m. due to a shooting at the 1200 block of Sumner Road, SE. Police do not have information on the suspect(s).

Juvenile Killed, Five Others Wounded in Shooting

DC officials held a press conference July 17 in relation to a shooting that killed a 6-year-old girl.

Shortly after 11 p.m. on July 16, police responded to the corner of Malcolm X and Martin Luther King Jr. Avenue, SE. after reports of shots fired. Police saw a group of people run toward them and the group directed the police toward those who were shot.

A six-year-old juvenile, who has been identified as Nyiah Courtney, was found on the 2900 block of Martin Luther King Jr. Avenue, SE and pronounced dead after being taken to the hospital, according to Chief of Police Robert J. Contee at the press conference.

Five other victims, three men and two women, were taken to area hospitals with non-life-threatening injuries.

“The cowards that committed this crime came into this community without any regard for human life,” Police Chief Contee said at the press conference.

No arrests have been made in connection to the shooting, but police have released a video and are asking the public to help identify the suspect(s).

Seven Witnesses Testify at Murder Trial

Seven witnesses took the stand during July 15 proceedings in a murder trial, including the medical examiner who performed the victim’s autopsy.

Nyekemia Everett, 35, and Malik Hewitt, 41, are charged with first-degree murder while armed in the death of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE, on April 27, 2017.

The prosecution alleges that the two defendants plotted to rob and kill Heard, who was selling the drug PCP to make money after having recently been released from jail. The medical examiner testified that traces of PCP were found in Heard’s system, but PCP was not listed as a cause of death.

According to the medical examiner, gunshot wounds to the chest and leg caused Heard’s death.

The prosecution alleges that Everett shot Heard, while Hewitt acted as the getaway driver. The two’s cell phone and social media records were used as evidence in the case.

A retired special agent for the U.S. Attorney’s Office testified about data extraction reports he had conducted for iPhones belonging to Everett, Hewitt and the witness who says she was with the defendants when Heard was shot. His reports showed that multiple texts and calls between the three around the time of Heard’s death were deleted.

Records custodians for Facebook and Google were called to confirm the registration of Instagram and Gmail accounts belonging to the defendants and the witness.

A witness who said she had a romantic relationship with Everett in 2016 and 2017 also testified. After Everett was arrested, she visited him in jail several times. She said she thought he was arrested and put in jail as a result of a fight with a police officer, not Heard’s death.

A former forensic scientist for the District of Columbia Department of Forensic Sciences (DFS) and a technologist for Bode Technology, a DNA testing lab, also took the stand.

The jury trial will continue on July 16.

Hewitt is also charged with possession of a firearm during an act of violence, felony murder while armed and conspiracy in this case. Everett is also charged with possession of a firearm during a crime of violence, unlawful possession of a firearm, fleeing a law enforcement officer, attempt to commit robbery while armed, conspiracy and obstructing justice.

Judge Holds Three Domestic Violence Defendants During Presentments

Judge Judith Pipe held three domestic violence defendants and released three others during presentments on July 15.

A total of 29 defendants were brought before the court.

One domestic violence defendant is charged with simple assault and attempted threats to do bodily harm. Judge Pipe decided to hold the defendant based on his criminal history, which she says includes “serious robbery charges” as far back as 2012.

Another domestic violence defendant is charged with simple assault. He is also charged with violating a Civil Protection Order (CPO), which prompted Judge Pipe to hold him.

The third held defendant is also charged with CPO violation for allegedly violating a stay away order in a previous domestic violence case, in which he was charged with attempted threats to do bodily harm and attempted possession of a prohibited weapon. Judge Pipe held him due to this alleged violation.

All three of these defendants are scheduled to return to court on Aug. 3.

Judge Pipe released three domestic violence defendants, two of whom were charged with simple assault. One of them was given a no-contact order and one was given a No Harassment, Assault, Threaten or Stalk (HATS) order. The third defendant was charged with assault with a dangerous weapon but was not given any orders.

All three are scheduled to return to court on Nov. 4.

Judge Finds Probable Cause in Domestic Violence Case, Holds Defendant

A DC Superior Court judge ruled that a domestic violence case has enough evidence to go to trial.

The defendant is charged with assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction in connection with a June 7 incident in the Congress Heights neighborhood of Southeast, DC.

The prosecution alleges that the defendant held a rifle up to the victim and said, “I’m going to blow this b**** away.” The victim’s relative then stood between the gun and the victim and called the police once the defendant walked away, according to a Metropolitan Police Department (MPD) sergeant who testified during the July 15 preliminary hearing.

The prosecution showed surveillance footage that captured portions of the incident, which shows the victim’s relative at the scene. However, the sergeant testified that the victim said her relative was not on scene and did not see what happened.

Defense attorney Sara Kopecki called another one of the victim’s relatives to the witness stand. This witness testified that he never saw the defendant with a firearm and that he never heard him threaten the victim. However, the prosecution presented Body Worn Camera footage from responding MPD officers, which shows him saying that he did hear the defendant making threats.

The prosecution wanted the defendant to be held at DC Jail. They argued he is a serious threat to the victim as well as the relative who reportedly intervened to try and protect her. According to the sergeant, this relative said the victim told her to “change her story” to protect themselves.

The prosecution also argued that the defendant is a flight risk due to his failure to appear in court in previous cases.

Kopecki, however, wanted her client released into the High Intensity Supervision Program with GPS monitoring, a no Harassment, Assault, Threaten or Stalk order from the victim and a stay away order from the grandmother.

Judge Sherry Trafford decided to hold him at DC Jail.

The next hearing is scheduled for Sept. 23.

Document: Suspect Sought in First-Degree Sex Abuse Offense

Metropolitan Police Department (MPD) detectives are investigating a first-degree sex abuse case that occurred on July 15.

At about 11:44 p.m. at the 2900 block of 30th Street, SE, the suspect approached the victim and forced the victim to engage in an unwanted sexual act. The victim fled the scene and alerted police.

The suspect was described as a Black male who is about 35-45 years old and 5 feet eight inches to 5 feet ten inches tall. The suspect was last seen wearing a white tank top, dark pants, a blue surgical mask and carrying a dark-colored crossbody bag.

Crime Alerts: June 15-16

The Metropolitan Police Department (MPD) sent out three crime alerts between 9:00 p.m. on July 15 and 9:00 a.m. on July 16.

A crime alert was sent out at 10:18 p.m. due to a stabbing at the 5200 block of Hayes Street, NE. Police do not have information on the suspect(s).

A second alert was sent out at 4:29 a.m. due to a robbery investigation at the 1200 block of Park Road, NW. The suspects were identified as two Black males in a white Honda sedan and one Black female wearing a red shirt.

A final crime alert was sent out at 8:48 a.m. due to a robbery investigation at the 700 block of C Street, SE. Officers identified the suspect as a Black male wearing a beige shirt who was last seen fleeing at the 200 block of 9th Street.

Defense Questions Reliability of Defendant’s Cellmate During Murder Trial

A murder defendant’s cellmate testified at his trial on July 14.

Nyekemia Everett, 35, and Malik Hewitt, 41, are charged with first-degree murder while armed in the shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE, on April 27, 2017. The prosecution alleges that the two defendants plotted to rob and kill Heard, who was selling the drug PCP to make money after having recently been released from jail. They allege that Everett shot Heard, while Hewitt acted as the getaway driver.

The witness had been Malik’s cellmate since 2018. He also said he has known Hewitt for about 20 years.

The prosecution played multiple phone calls from DC Jail, where the witness is recorded talking with a woman he referred to as his “play sister” in April 2018. He is heard asking her to contact another witness in the case who says she was with the defendants before, during and after the homicide and is receiving a plea deal in exchange for testifying against them. The cellmate is heard telling the woman on the phone that he wants this witness to stop cooperating with the prosecution. He is also heard asking the woman for a favor in regards to his own case.

The cellmate is now charged with obstruction of justice.

This cellmate testified at the defendants’ last trial, which ended in a mistrial due to the COVID-19 pandemic. During cross-examination, defense attorney Nikki Lotze repeatedly showed records of his previous testimony to point out contradictions between the information he gave then and the information he is giving now.

The trial will resume on July 15.

Hewitt is also charged with possession of a firearm during an act of violence, felony murder while armed and conspiracy in this case. Everett is also charged with possession of a firearm during a crime of violence, unlawful possession of a firearm, fleeing a law enforcement officer, attempt to commit robbery while armed, conspiracy and obstructing justice.

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