Domestic Homicide Defendant Taken Off Home Confinement as He Awaits Indictment

A defendant charged with first-degree murder while armed in the death of his child’s mother was taken off home confinement.

On Dec. 30, 2020, 55-year-old Samuel Mack allegedly shot 35-year-old Erica Ward in an apartment on the 4700 block of Benning Road, SE. According to court documents, the two used to be in a relationship and began arguing that night after Mack brought their son over to visit. Mack was apprehended that same night. He was released into home confinement under the High Intensity Supervision Program (HISP) the following March.

Almost one year after his release, Mack remained on home confinement as he continued to await indictment. During a Feb. 14 hearing, parties discussed defense attorney Joseph Wong‘s recent motion to modify his client’s release conditions. In the motion, Wong pointed out that if Mack is taken off home confinement, he could still be subject to a GPS monitoring requirement and a 10:00 P.M. to 6:00 a.m. curfew.

Judge Robert D. Okun granted the defense’s motion.

The prosecution acknowledged the lack of an indictment in this case, noting that they usually put more focus on cases in which defendants are detained. They said they are trying to indict all detained cases from 2019 and 2020 first.

“We would like to ask for 60 days as we expect an indictment,” the prosecutor said.

A felony status conference is set for April 21, at which time the judge is expected to check on the status of the indictment.

After an Alleged Brass Knuckle Attack, Domestic Violence Defendant to Remain Jailed

After being arrested for allegedly assaulting a family member, a domestic violence defendant appeared in court asking to be released.

Defense attorney Sellano Simmons came into the Feb. 14 hearing with an optimistic attitude, giving several court attendees a thumbs-up as he entered. His client is charged with assault with a dangerous weapon for allegedly attacking a family member with brass knuckles that have a knife attachment. During the proceedings, Simmons asked DC Superior Court Judge Michael Ryan to release the defendant from DC Jail on GPS monitoring.

Simmons said his client could not live with his fiancé when released because she resides in Virginia, outside the court’s jurisdiction, but is planning on staying at a homeless shelter for the time being.

After looking over documents related to the case, Judge Ryan said he was shocked at the violent nature of the alleged crime. “This seems to be the action of someone who is out of control,” he said.

The family member suffered serious stab wounds and spent several days in the hospital, Judge Ryan continued. He denied the release request.

Simmons said he is waiting on the prosecution to offer a plea deal. The prosecutor said they should have one ready within the next few weeks so Simmons could go over it with his client.

The next hearing in this case is set to take place on March 9.

Parties Prepare for Murder Trial as DC Jail Re-Opens for Contact Visitation

As the DC Jail re-opens for contact visitation, detained defendants like 37-year-old Travis Russell can potentially gain more access to their legal counsel as they fight their cases.

Russell allegedly stabbed 44-year-old Michael Hooker to death with a sharp piece of glass on the 2700 block of Martin Luther King Jr. Avenue, SE, on May 26, 2019. When he was apprehended that same day, Russell had a noticeable cut on his left hand and his right arm was in a sling, according to court documents. The defendant was charged with first-degree murder while armed and has been held in jail ever since.

Defense attorney Mani Golzari requested a three-week continuance during the most recent hearing for this case on Feb. 9. The jail had not been allowing contact visitations to take place, and Russell said he cannot go over all the evidence with his client over the phone or with a glass barrier.

The DC Jail has set a Feb. 14 date for re-opening contact visitation.

DC Superior Court Judge Maribeth Raffinan scheduled parties to reconvene on March 31. Russell is scheduled to go to trial this coming June. In preparation for the trial, motions are due by March 21 with responses due by April 11.

Plea Negotiations Underway for 19-Year-Old Sex Abuse Defendant

Parties in a sex abuse case are negotiating a potential plea deal.

The 19-year-old defendant in this case is accused of pulling his classmate into a room and attempting to force himself on her while they were attending high school last December. The defendant was arrested and charged with assault with intent to commit first-degree sex abuse after the 16-year-old victim alerted a staff member. The defendant was 18-years-old at the time, according to court documents.

On Feb. 11, the defendant appeared in court for the first time since being charged. Defense attorney Steven Ogilvie asked Judge Maribeth Rafinan to continue the hearing so parties could have more time for plea bargaining. Judge Rafinan asked to receive plea paperwork before the next hearing if one is accepted.

The next felony status conference is scheduled for March 17. In the meantime, the defendant will remain released on his promise to return to court.

Murder Defendant Requests Alternative to PDS Representation

A murder defendant asked to be represented by counsel outside the Public Defender Service (PDS).

Terrell Poe is charged with first-degree murder while armed for his alleged role in the shooting of 33-year-old Christopher Washington on Sept. 23, 2020, on the 400 block of Southern Avenue, SE. During his most recent hearing on Feb. 10, the 35-year-old defendant requested new counsel.

When asked if he would like someone from the PDS or from the Criminal Justice Act (CJA) Panel, the defendant chose the latter. The CJA Panel consists of attorneys who provide pro-bono counsel to defendants who are unable to retain counsel. They are reimbursed by the government for their services.

Judge Milton Lee told Poe he would look for an attorney from the CJA Panel. An ascertainment of counsel hearing is scheduled for Feb. 25.

Judge Denies Murder Defendant’s Release Request, Schedules Trial

A DC Superior Court judge denied a request to release a 60-year-old murder defendant with a lengthy criminal history.

Kenneth Stewart is accused of stabbing 54-year-old Connecticut man Courtney Jones to death on July 23, 2020, on the 2300 block of Pennsylvania Avenue, SE. He was charged with first-degree murder while armed the next day and has been held at DC Jail ever since.

During the most recent hearing for this case on Feb. 7, defense attorney Dominique Winters argued for Stewart’s release. She also suggested dismissing the case entirely because her client has now waited for more than a year to be indicted while remaining detained the whole time. Winters said Stewart has contracted COVID while in custody.

Winters suggested moving the defendant to a sobriety and rehabilitation center based out of Maryland that will help with employment opportunities. Stewart, who requested the program, would receive housing and mentorship there.

In the alternative, Winters suggested putting Stewart into the High Intensity Supervision Program (HISP.)

The prosecutor opposed these ideas, saying the defendant’s criminal history is about 20 pages long due to his convictions and offenses in past years. Judge Marisa Demeo said that if Stewart was released into HISP and then violated his release conditions, the court may not be notified right away. Judge Demeo acknowledged the defendant’s good behavior while detained, but said that does not eliminate the concerns stemming from his criminal history.

“I just have no confidence at all,” said Judge Demeo. She denied the release request as well as the request to dismiss the case.

The prosecution said they need a later trial date because they are reviewing forensic evidence and waiting on DNA testing. Judge Demeo scheduled the trial to begin in October.

Parties are scheduled to reconvene for a felony status conference on March 17.

Makie Theodros wrote this article.

Document: 16-year-old Dies From Gunshot Wound

The Metropolitan Police Department announced that a 16-year-old died three days after being shot in the Bellevue neighborhood on Feb. 8.

At approximately 8:09 p.m. officers responded to the Unit Block of Chesapeake Street, SE, due to a report of a shooting. Upon arrival, they located 16-year-old DeShawn Francis in a vehicle with gunshot wounds.

On Feb 11, he succumbed to his injuries, according to the press release. There have been no arrests made in relation to this homicide.

Judge Relaxes Sex Abuse Defendant’s Pretrial Release Conditions

A DC Superior Court judge agreed to relax a domestic violence defendant’s pretrial release conditions in light of his compliance so far.

The defendant is accused of sexually abusing an underage family member. During his initial hearing in August 2020, a judge released him into the High Intensity Supervision Program. He was required to wear a GPS monitor and touch base with the Pretrial Services Agency (PSA) on a weekly basis.

During a Feb. 7 hearing, defense attorney Leo Alley requested that the defendant only be required to check in with the PSA on a monthly basis. He pointed out that his client has not violated his release conditions or gotten re-arrested.

Since the defendant’s release is conditional on his compliance, the prosecutor suggested that the defendant complete check-ins weekly by phone.

Judge Marisa Demeo decided to grant Alley’s request to relax the release requirements. The defendant will now have to report to the PSA every month.

Parties are scheduled to reconvene for a status hearing on March 1. In the meantime, Alley mentioned that the prosecutor extended a plea offer, which he has not yet discussed with his client.

Makie Theodros wrote this article.

Co-Defendants, Both 19, Plead Guilty to Manslaughter

Approximately one year after a 20-year-old man was shot to death at a gas station in Shaw, the defendants charged with his death entered guilty pleas.

Shaqu ille Bynum and Sean Howard, both 19, were initially charged with first-degree murder while armed in the death of Ibrahim Sesay on Jan. 6, 2021. During a Feb. 9 hearing, the two pleaded down to charges of voluntary manslaughter while armed.

Sesay and his friends were at a gas station minimart on the 1300 block of 9th Street, NW when the co-defendants began walking towards the store with firearms. When Sesay and his friends attempted to flee, Howard opened fire on them. Sesay was struck by the gunfire and taken to a nearby hospital where he succumbed to his injuries, the prosecutor said during the hearing.

As part of the plea agreement, parties agreed to recommend a sentence of nine-and-a-half to 12 years for Howard and seven-and-a-half to 15 years for Bynum.

DC Superior Court Judge Maribeth Raffinan scheduled the two to be sentenced on June 10.

Did Kareem Ware’s 2009 Homicide Happen in DC or Maryland?

Thirteen years after a man was killed in what is suspected to have been a robbery gone wrong, attorneys are divided over a key detail of the homicide- where it happened.

Saeve Evans and Kareem Ware were in a vehicle together on May 2, 2009, according to court documents. A witness who agreed to cooperate with the government after picking up felony charges claims that Evans told them he and two others intended to pick Ware up and rob him, but the plan went wrong when Ware saw police and allegedly tried to take a gun from another individual. Evans then allegedly shot Ware in the head. A Prince George’s County police officer pursued the vehicle from Maryland into DC before eventually losing it. Ware was shot in the head a total of three times. Evans was arrested and charged with first-degree murder while armed almost exactly a decade later.

“This a fairly novel issue,” said DC Superior Court Judge Maribeth Raffinan during a Feb. 8 hearing as parties debated if the DC courts system has jurisdiction over the case. The defense counsel has petitioned the court to dismiss the case for lack of jurisdiction.

The law gives DC jurisdiction over a murder or manslaughter case if the fatal blow was dealt in DC, even if the victim did not die in DC.

The prosecutor argued that there was ample evidence to prove DC had the jurisdiction needed. She referred to the officer who chased the vehicle from Maryland into DC. Ware was found dead in the front passenger seat of the vehicle, according to court documents. The officer has stated that, while on Livingston Road in DC, the vehicle’s front passenger appeared to be alive.

The prosecutor also cited a ballistics expert and a medical examiner who are expert witnesses in this case.

The ballistic expert had explained how the trajectory of the bullet lines up with shots coming from behind the victim as well as how the blood splatter is consistent with someone being hit from the back of the head, supporting the notion that Ware was in the front passenger seat. The blood had splattered all over the dashboard of the car.

Ware’s autopsy report labels his three gunshot wounds as A, B and C, though that is not meant to indicate the order in which they were fired, according to court documents. The medical examiner determined that the bullet “A” would not have instantly killed the victim but he only would have been alive for minutes without significant medical care. However, she is expected to testify that the other two shots caused “more direct brain injuries,” according to court documents. Still, the prosecutor said that it would not be possible to know which bullet killed Ware or when exactly he died.

Defense attorneys Stephany Reaves and Dominique Winters showed an autopsy photo in court demonstrating that the victim sustained no serious injuries before the shooting. They argued that the three bullets had to have been the source of the decedent’s blood trail that was found in Maryland.

In a factual supplement to their dismissal motion, the defense points out that a civilian witness says they were at the Eastover Shopping Center in Maryland on the day of the homicide when they saw a grey SUV come across the center’s parking lot. The witness says they heard three gunshots but went on to clarify that it could have been more.

The defense concluded their arguments by noting that the prosecutor’s first witness was narrating his chase with the vehicle while driving into DC. He was narrating over the police radio, while in Maryland the witness stated that they had seen muzzle flashes and heard gunshots. However, when the witness entered DC they did not mention any other muzzle flashes nor did they mention gunshots.

DC Superior Court Judge Maribeth Raffinan did not rule on the motion that day. She wanted extra time to review all the evidence and the cases the defense cited. Parties are scheduled to reconvene on Feb. 16.

Man Charged in Mass Shooting That Killed Child Awaits Indictment as Investigation Continues

Prosecutors said they are continuing to investigate the mass shooting that killed six-year-old Nyiah Courtney during a hearing for the defendant charged in her death.

Marktwan Hargraves has spent seven months in jail since his arrest and continues to await indictment. The 23-year-old is charged with second-degree murder while armed for his alleged involvement in the drive-by shooting that took place on July 17, 2021, at the corner of Martin Luther King Jr. and Malcolm X Avenues, SE.

Prosecutors believe Nyiah’s father was the intended target and that the shooting was the result of a feud between two groups in the area. The girl’s parents along with three others were struck by the gunfire that night but survived their injuries. Nyiah’s father was arrested soon after on unrelated robbery charges.

Hargraves was arrested nine days after the shooting. Parties in this case met on Feb. 11 and discussed the lack of an indictment, with the defense questioning why it has not come in yet.

“It’s not that we haven’t done anything in the grand jury but it’s a case we will continue to investigate,” the prosecutor said, mentioning there are people of interest they are still investigating, and there may be more arrests made. Court documents state there were others in the car at the time of the shooting.

Parties were conflicted on whether there has been ample time for the prosecution to bring an indictment to the table, but the defense said if the court had not tolled deadlines due to the COVID-19 pandemic, they would have met the deadline already. The prosecutor disagreed, saying that it will have been nine months since the arrest in April, which is the typical deadline in the Superior Court system.

The prosecutor’s office is currently prioritizing 2019 and 2020 cases over 2021 cases for indictments.

Judge Milton Lee asked parties to give him an indication of how long they need. The defense counsel was contingent on having it sooner but the prosecutor asked for two to three months.

Parties said they hope to resolve the case “without the court’s assistance” but gave no indication on what that exactly meant. Judge Lee set an April 6 hearing date to check in on the case.

Prosecutor Expects to Indict Murder Defendant Within Weeks

A prosecutor said she anticipates indicting a murder defendant within weeks.

Glen Dolford is accused of shooting 26-year-old Raheem Murray to death in a residential area of Barry Farm. On the afternoon of Feb. 2, 2020, Murray was found on the 4300 Block of 3rd Street, SE, unconscious and unresponsive after sustaining multiple gunshot wounds. Two other victims were shot but survived their injuries, according to court documents. Dolford, 26, was later charged with first-degree murder while armed in relation to the shooting and has been held at DC Jail ever since.

Back in December, defense attorney Stephen Brennwald filed a motion to release Dolford, pointing out how long his client has been detained without an indictment.

When parties met in court most recently on Feb. 8, the prosecutor said she expects to return an indictment within three weeks. Still, Brennwald asked for Dolford to be released into home confinement with GPS monitoring.

“He (the defendant) is losing hope,” Brennwald said.

Judge Maribeth Raff i nan denied the release request due to the violent nature of the alleged crime. She did say the defense could renew the request in the future.

Parties are scheduled to reconvene for a felony status conference on March 11.

Judge Denies Release Request for Murder Defendant Awaiting Indictment

A defense attorney asked a DC Superior Court judge to release the defendant charged with Eddie christ’s death, who has yet to be indicted more than one year after his arrest.

When parties in this case met in court most recently on Feb. 9, defense attorney Gemma Stevens pointed out that it has been 505 days since Nathaniel Bates was initially charged with first-degree murder while armed in the death of 28-year-old Crist. Bates, 37, is accused of shooting Crist on the morning of May 8, 2020, on the 4000 block of South Capitol Terrace, SW. The defendant was arrested the following September and has remained detained at DC Jail ever since.

Judge Robert Okun denied the release request, noting that the defendant was on pretrial release for another case at the time the homicide happened.

Court documents reveal that Bates was wearing a GPS monitoring device as a condition of his pretrial release. Metropolitan Police Department detectives obtained records of his whereabouts on the day of the homicide from the Pretrial Services Agency as part of their investigation into Crist’s death.

Although he denied the release request, Judge Okun did agree to check on the status of the indictment when parties meet in court again on March 3. He also scheduled a jury trial to begin in February of next year.

Judge Orders Competency Screening for Sex Abuse Defendant

A DC Superior Court judge ordered a preliminary screening to determine if a sex abuse defendant is competent to stand trial.

The defendant allegedly grabbed the victim from behind and thrust his pelvis into her at the Shaw-Howard metro station. The victim went to a station manager, who contacted the Metro Transit Police Department, according to court documents. The defendant was arrested and charged with assault with intent to commit third-degree sex abuse.

During a Feb. 9 hearing, Judge Milton Lee ordered the 22-year-old defendant assessed by the Department of Behavioral Health. Parties are scheduled to reconvene for a mental observation hearing on Feb. 22.

Document: Woman Fatally Shot in Northeast, DC

Metropolitan Police Department detectives are investigating a homicide that occurred on May 9.

According to a press release, at approximately 3:06 p.m., officers responded to the 500 block of Division Avenue, NE, for the sounds of gunshots. There, they found 54-year-old Pamela Thomas in a vehicle, suffering from an apparent gunshot wound. She was pronounced dead at a local hospital.

Search