Arguments Continue in Murder Case

June 30 marked the second day of arguments in a motion hearing for a murder defendant who has yet to be indicted, despite having been arrested in November 2019.

Marco Powell, who is also known as Tyrell Powell, is charged with first-degree murder while armed in the death of 22-year-old Semaj Alsobrooks. Powell, 24, is accused of shooting Alsobrooks on Sept. 4, 2019, on the 3900 block of East Capitol Street, NE.

Defense attorney Jason Tulley said the prosecution violated Powell’s speedy trial rights by failing to indict him after more than one-and-a-half years of pretrial detention.

When the motion hearing began two weeks ago, the prosecution said the absence of an indictment is the result of limited grand jury availability and the complexity of the case.

In March 2020, as a response to the COVID-19 pandemic, then Chief Judge Robert E. Morin issued orders “tolling all deadlines and time limits in statutes, court rules, and standing and other orders,” according to court documents previously filed by the prosecution. The prosecution said that, unless the defendant can prove that the order exceeds the Chief Judge’s authority or is unconstitutional, he is not entitled to dismissal or release.

But, Tulley and his co-counsel, Pierce Suen, have filed a failure to indict motion as well as a speedy trial motion, requesting a dismissal of the indictment, the scheduling of an immediate trial or the release of the defendant pending trial.

During the hearing, Tulley said the prosecution “fails to provide information” and “did everything wrong.” He also pointed out that the defendants arrested after Powell have since been tried, held and released.

DC Superior Court Judge Milton Lee said he was concerned about how the prosecution has been prioritizing cases to bring in front of a grand jury.

The prosecution responded that they were trying to be efficient, indicting as many people as possible.

Judge Lee said he needed more time to go over the arguments and continued the hearing to July 20.

Judge Finds Child Sex Abuse Defendant Competent to Stand Trial

DC Superior Court Judge Julie Becker found a sex abuse defendant competent to stand trial on June 28.

The defendant is charged with first-degree child sexual abuse.

Defense attorney Bernadette Armand said she “dispute[s] the Department of Behavioral Health (DBH) report findings” and will be hiring an private expert to evaluate her client.

Judge Becker scheduled a status hearing for Sept, 24 to give her time to get an additional report.

Judge Releases Three Domestic Violence Defendants During Initial Hearings

A DC Superior Court judge released three domestic violence defendants during presentments on June 29.

In total, 21 defendants were brought before the court.

Two of the released defendants were charged with simple assault. Both were issued stay away orders and one was put on GPS monitoring. Judge Sean Staples scheduled their next hearings for Oct. 26.

The third released defendant was charged with simple assault and attempted second-degree cruelty to children.

Judge Staples issued a stay away order and allowed the defendant to retrieve his belongs from the home he shared with the alleged victim, accompanied by a police escort. He is scheduled to return to court on July 14.

Document: Vehicle Sought in Homicide

Metropolitan Police Department detectives (MPD) are investigating a homicide that occurred on June 29.

At about 9:11 p.m. police responded to the 1400 block of R Street, NW, due to reports of a shooting. Police located and identified the victim as 53-year-old Jeremy Black, who was pronounced dead on scene according to the press release.

A vehicle of interest was caught on a nearby surveillance camera.

Document: Homicide on the 3800 Block of Halley Terrace

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on June 29.

At about 1:37 p.m. police responded to the 3800 block of Halley Terrace, SE, due to reports of gunshots. Soon after, officers responded to a local hospital due to a report of a walk-in shooting victim with life-threatening injuries. The victim, 20-year-old Kenneth Cherry, was pronounced dead at the hospital, according to the press release.

Document: Victim Shot in May Succumbs to Injuries

A victim in a homicide that occurred on May 13 has succumb to their injuries.

At about 11:34 a.m. the Metropolitan Police Department (MPD) responded to the 200 block of 37^th Place, SE, due to reports of a shooting. Upon arrival, police found 31-year-old Anwar Christian with gunshot wounds and transported him to a local hospital. On June 29, Christian succumb to his injuries, according to the press release.

Crime Alerts: June 29-30

The Metropolitan Police Department sent out six crime alerts between 9:00 p.m. on June 29 and 9:00 a.m. on June 30.

A crime alert was sent out at 9:19 p.m. due to a robbery in the 3700 block of Hayes Street, NE. Police identified the suspects as three Black males in a black Hyundai Kona.

A second crime alert was sent out at 9:39 p.m. due to a shooting investigation in the 1400 block of R Street, NW. Police do not have information on the suspect(s).

A third crime alert was sent out at 12:55 a.m. due to a robbery investigation in the 2800 block of Gainesville Street, SE. Police identified the suspects as two Black males wearing all black clothing.

A fourth crime alert was sent out at 1:12 a.m. due to a shooting investigation in the 600 block of Atlantic Street, SE. Police do not have information on the suspect(s).

Another crime alert was sent out at 2:18 a.m. due to a shooting investigation in the 600 block of Atlantic Street, SE. Police do not have information on the suspect(s).

A final crime alert was sent out at 7:28 a.m. due to a shooting investigation at Chesapeake and Barnaby Street, SE. Police identified a gold sedan occupied by two males.

Document: Vehicle of Interest Sought in Homicide

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on May 19.

At about 10:09 p.m., police responded to the 1800 block of Q Street, SE, due to sounds of gunshots. The victim, 65-year-old Ella-Mae Neal, was pronounced dead on scene, according to the press release.

Nearby surveillance captured a video of a vehicle of interest related to the homicide, according to the press release.

Prelim for Murder Defendant Pushed to Late July

A DC Superior Court judge continued a June 28 preliminary hearing, which was scheduled to determine if a homicide case has enough evidence to go to trial, after the defense attorney said she recently received evidence the night before the proceeding.

Kirk Spencer, 26, is charged with first-degree murder while armed for allegedly shooting 49-year-old Marcus Covington at a metro station on the 1100 block of Howard Road, SE, on Feb 23.

Defense attorney Rachel Cicurel said the prosecution submitted additional evidence the night before the preliminary hearing, which gave her little time to prepare.

The additional evidence included the name of a juvenile who Cicurel said also matched the description of the shooter and who lived near Spencer.

The prosecution said they sent the evidence as soon as they obtained it, and did not purposely withhold it.

Due to Spencer having been held at DC Jail since his initial hearing in March and the delay in turning over evidence, Cicurel asked Judge Marisa Demeo to release her client under the High Intensity Supervision Program (HISP).

Judge Demeo denied the request out of concern for the community’s safety, but agreed that Spencer should be allowed to have his preliminary hearing “as soon as possible.” She scheduled the hearing to take place on July 23.

Lizzie Brennan and Will Lawrence wrote this article.

Domestic Violence Defendant Accepts Plea

A domestic violence defendant pleaded guilty to assault and gun charges.

According to the proffer of facts, on Dec. 6, 2020, Lawrence Day chased and fired shots at his girlfriend following an argument.

Day, 28, pleaded guilty to felony charges for assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction during the June 29 hearing.

Judge Judith Smith scheduled Day to be sentenced on Sept. 24.

Judge Continues Status Hearing for Case of 1998 Murder

A DC Superior Court judge continued a hearing for a defendant charged in connection with a 1998 homicide.

Kenneth Bryant Jr., 48, is charged with first-degree murder while armed in the shooting of 35-year-old James Lane on Aug. 10, 1998, on the 200 block of S Street, NE. He picked up the charge in 2019.

During the June 21 hearing, the prosecution requested more time to give Bryant’s defense attorney, Ronald Resetarits, evidence because the case is so old.

Judge Milton Lee continued the status hearing to July 21.

Bryant is currently being held at FCI Bennettsville, a federal prison in South Carolina, on other charges. According to the Bureau of Prisons (BOP), he has a release date in April 2025. The charges he was conviction of could not be immediately confirmed.

According to court documents, Bryant was charged with murder in 1989 and then again in 1990. Both cases were dismissed by grand juries. A 1990 case, in which he was charged with assault with intent to kill, met the same fate. He was also charged with armed burglary in 1992, but a jury acquitted him.

Crime Alerts: June 28-29

The Metropolitan Police Department (MPD) sent out six crime alerts between 9:00 p.m. on June 28 and 9:00 a.m. on June 29.

An alert was sent out at 9:58 p.m. due to reports of a shooting in the 400 block of O Street, NW. Police reported the suspect being a Black male with a black top, blue jeans and a black mask.

A second alert was sent at 11:00 p.m. due to a robbery in the 1300 block of Madison Street, NW. The suspect was a Black male wearing a white shirt and camouflage pants.

A third alert was sent out at 12:33 a.m. due to a robbery in the 1800 block of West Virginia Avenue, NE. The suspect was described as a black male wearing a black shirt.

A fourth crime alert was sent out at 12:35 a.m. due to a robbery in 4th and W Street, NE. The suspect is described as a black male.

A fifth crime alert was sent out at 12:47 a.m. due to a robbery in 16th Street and Columbia Road, NW. The suspect is in custody.

A final alert was sent out at 3:13 a.m. due to a robbery in the 1100 block of 19th Street, NW. The suspects have been identified as two Black males wearing ski masks.

Judge Orders Full Competency Examination for Murder Defendant

A DC Superior Court judge ordered a full exam to determine if a murder defendant is competent to stand trial.

Jean Kearney, 34, is charged with second-degree murder while armed in the shooting of 33-year-old Dontra Harris on the 1800 block of 24th Street, NE, on April 4.

Earlier this month, a judge ordered a preliminary competency screening to be done from DC Jail. However, the doctor who performed the exam could not come to a conclusion about Kearney’s competency.

During the June 28 hearing, defense attorney Michael Madden asked that the exam be done at St. Elizabeth’s Hospital, DC’s psychiatric hospital, rather than the jail.

Judge Neal Kravitz agreed to the request.

Judge Kravitz scheduled a mental observation hearing for July 29. He also scheduled a preliminary hearing to determine if the case has enough evidence to go to trial for Aug. 13.

Judge Gives More Time for Evaluation of Sex Abuse Defendant’s Competency to Stand Trial

A DC Superior Court judge continued a mental observation hearing to give the Department of Behavioral Health (DBH) more time to evaluate a sexual abuse defendant’s competency to stand trial.

The defendant is charged with first-degree sexual abuse of a victim under 18-years-old.

During the June 28 hearing, Judge John Campbell said the DBH previously told him they need another 45 days to complete the competency evaluation.

Judge Campbell scheduled the next mental observation hearing for July 28.

The defendant is also charged with kidnapping of a minor. His case went to trial over a year ago, but the jury could not make a unanimous decision and Judge Ronna Beck declared a mistrial.

Prosecution Anticipates Murder Indictment Will be Ready by September

A DC Superior Court judge continued a June 25 status hearing for a homicide case to September after the prosecution said they anticipate having an indictment ready by then.

Ernest Cleveland, 27, is charged with second-degree murder while armed for allegedly shooting of 39-year-old Edward Pearson on Nov. 26, 2020, on the 2900 block of Connecticut Avenue, NW. The defendant is also charged with assault with a dangerous weapon and assault with intent to kill.

Judge Milton Lee scheduled the next hearing for Sept. 9.

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