Parties Grapple with Trial Plans for Released Murder Defendant

Jordan Smith was charged with murder in November 2017 and held at DC Jail until a judge agreed to release him in 2019. Now, as numerous detained defendants wait to get trial dates, parties held off deciding when Smith would go before a jury when they met for a status hearing on Jan. 27.

The 34-year-old defendant is accused of shooting Yashika Green in the head on March 1, 2017. Officers found her that day in an apartment on the 3900 block of 2nd Street, SE, and took her to the hospital, where she was rushed into surgery. She succumbed to her injuries the following July 21, according to court documents. She was 42-years-old.

The prosecutor had reservations with defense attorney Mani Golzari’s suggestion to put off scheduling Smith’s trial due to how many jailed defendants are still waiting for theirs, noting how long the victim’s family have been waiting to see this case resolved.

“That is part of the consideration, certainly,” said DC Superior Court Judge Maribeth Raffinan.

However, she pointed out how setting trial dates only to postpone them later on can come with disappointments of its own. The prosecutor suggested setting dates in 2023, but Golzari said he wasn’t available until April or May of that year because of his other trials.

Judge Raffinan scheduled parties to reconvene for a status hearing on March 25. In the meantime, Smith will remain in released in the High Intensity Supervision Program. He is compliant with his release conditions.

Given his compliance, Golzari asked Judge Raffinan to take his client off of GPS monitoring. The prosecution, who did not want Smith released from jail in the first place, asked for an opportunity to respond in writing. Judge Raffinan agreed and instructed Golzari to file a written motion.

Preliminary Hearing Rescheduled for Fatal Stabbing Case

A preliminary hearing for a murder case was rescheduled because a defendant was in quarantine at DC Jail.

Christian Monge is accused of killing 28-year-old Brittanie Clark on Aug. 31, 2021. Metropolitan Police Department officers found Clark in a residence on the 5000 block of First Street, NW, that afternoon suffering from apparent puncture wounds to the torso, according to court documents.

Monge, 25, was arrested nearly a month later and charged with second-degree murder while armed. He was supposed to have a preliminary hearing on Jan. 20 to determine if his case has enough evidence to go to trial. After learning of the defendant’s quarantine status, DC Superior Court Judge Rainey Brandt scheduled the proceedings to happen on Feb. 1 instead.

Plea Deal Under Consideration in Domestic Violence Case

A domestic violence defendant received a plea offer.

The defendant is charged with assault with a dangerous weapon. The prosecution’s offer would allow him to plead down to attempted assault with a dangerous weapon. If accepted, parties would agree to recommend a six-month sentence.

The offer was extended late last week. During a Jan. 27 hearing, defense attorney Charles Haskell said he only got to speak briefly with his client, who is being held at DC Jail. DC Superior Court Judge Lynn Leibovitz continued the hearing to give Haskell time to go over the plea with the defendant.

The defendant has been detained since he picked up the case in November 2020. He was not brought to court for his previous hearing due to being in quarantine.

The next hearing is scheduled for Feb. 9.

Defendant Accused of Stabbing Girlfriend Arraigned on First-Degree Murder Charge

A DC Superior Court judge arraigned a domestic homicide defendant.

Ronald Miller is accused of stabbing his 28-year-old girlfriend, Tiffany Hardy, to death on Feb. 8, 2021. Hardy was found inside a residence on the 1600 block of E Street, NE, with multiple stab wounds to her neck and body, according to court documents. She was pronounced dead on scene.

Nearly one year after his arrest, the 42-year-old defendant was arraigned on the sole count of the indictment during a Jan. 26 hearing. He pleaded not guilty.

Miller is currently being held at DC Jail. Defense attorney Jason Tulley asked for his client to be moved to the Correctional Treatment Facility due to poor conditions at the jail. Judge Rainey Brandt agreed to make the recommendation.

Parties are slated to reconvene for a status hearing on Feb 16.

Judge Denies Murder Defendant’s Motion to Stop Possible DNA Consumption

A DC Superior Court judge denied a defense attorney’s motion to preclude the prosecution from consuming possible DNA evidence.

Khamari Perkins is charged with first-degree murder while armed and possessing a firearm during a crime of violence. The 21-year-old is accused of shooting Naseem Simpson,18, on March 15, 2020, on the 3000 block of 14th Street, NW.

The prosecution had already tested swabs of evidence and is now seeking to retest evidence with an independent lab instead of using the Department of Forensic Sciences. However, the defense was concerned that the prosecution could consume the rest of the evidence if they retest it.

Although Judge Maribeth Raffinan denied the defense’s motion during the Jan. 24 hearing, she did instruct the prosecution to preserve any remaining DNA extracted.

Parties are set to return to court on March 18 for a status hearing. They also have March 2 motions deadline with oppositions due by March 16.

Perkins’ trial is scheduled to take place in September. The prosecution anticipates needing three to five days to present their case while the defense anticipates needing one to two days.

Data Shows More Homicides Occurred in 2021 than Previous Years

The year 2021 saw more homicides than any year since 2003. While the number rose, the statistics behind them largely stayed the same.

There were 227 homicides in 2021, which is approximately 34 homicides per 100,000 people. While this number is larger than the previous year, many of the statistics surrounding it remained the same.

Arrests

The Metropolitan Police Department (MPD)'s clearance rate is slightly lower than any year since 2015. This rate is defined by any homicide where an arrest was made and was just barely over 42% in 2021. While the number seems lower than average, it is only slightly lower than previous years.

Causes

The cause of homicides remained similar to previous years, but one reasoning saw an increase in stabbings. Approximately 13 percent of homicides were due to fatal stabbings in 2021, a number that had not yet been seen since 2018. The youngest victim was 15-year-old Kemon Payne, who was killed on Aug. 18, 2021.

According to a Metropolitan Police Department press release, at about 3:11 p.m. on Aug. 18, members of a School Security Division were assisting with Safe Passage, a program meant to promote safe transportation for students in DC, when they were informed of an altercation taking place on the 1400 block of Brentwood Parkway, NE.

A 15-year-old was arrested that same day and charged with second-degree murder while armed.

Other causes including fatal shootings and trauma did not see a significant change.

Age

The average age of homicide victims in the last six years has been 32. The outliers have also stayed the same with homicides affecting age groups across the board.

Six-year-old Nyiah Courtney was shot and killed on July 17, 2021. Her homicide was ruled a mass shooting because at least three others, including her father, were hit by gunfire.

Marktwan Hargraves was arrested in relation to the mass shooting and charged with second-degree murder while armed. Judge Marisa Demeo found substantial probable cause that if Hargraves goes to trial, he would be found guilty of the murder.

Courtney is not the only child to be murdered in DC. At least 102 people who were18 years old or younger were murdered since 2015, including 18 youth homicides in 2021- or 7.93 percent of the total homicides.

The interactive map below shows homicides in 2021.

Parties Prepare to Retry Murder Case

Parties in a murder case are preparing to go to trial for a second time after the defendant’s convictions were reversed due to issues with the exclusion of Black jurors.

Sixteen of the 48 potential jurors were Black the first time Mark Beasley went to trial for his alleged role in a 2015 shooting that killed 39-year-old Darryn Conte and injured another, according to court documents. Attorneys may use a limited number of peremptory challenges to exclude potential jurors without giving a reason but they must not use them for purposeful discrimination on the basis of race or gender. The prosecution in Beasley’s case used eight of their 10 preemptory challenges to strike Black jurors. Two of those jurors were also struck by the defense.

Prosecutors used one peremptory challenge to strike a Latino juror as well, according to court documents.

The selected jurors convicted Beasley of first-degree murder while armed, assault with intent to kill while armed, possessing a firearm during a crime of violence and unlawful possession of a firearm. Judge José M. López, who presided over the trial, sentenced him to 40 years in prison.

Beasley won his appeal in 2019.

“Mr. Beasley appeals his subsequent convictions, arguing that the trial court erred in determining that he failed to make out a prima facie case of discriminatory intent based on the government’s use of peremptory strikes,” Associate Judge Corrine Beckwith wrote in the opinion. “We agree and therefore reverse Mr. Beasley’s convictions.”

On Jan. 25, parties met to prepare for the new trial, which is set to begin in December. Beasley remains represented by attorneys Pierce Suen and Anthony Matthews. The defense anticipates calling two witnesses at most and is still deciding if they would like to call an expert witness. Notice of expert witnesses is due July 11.

While the prosecutor could not remember exactly how many witnesses they plan to call, she estimated it would be around 12 to 16 people with about two expert witnesses.

The shooting at the center of this trial took place on April 26, 2015, after an alleged argument outside a nightclub in Takoma, according to the U.S. Attorney’s Office. Beasley is accused of firing at a vehicle containing Conte and the surviving victim as Conte’s brother looked on.

Parties are scheduled to reconvene for another trial readiness hearing on Oct. 14.

Mother Charged with 11-Month-Old’s Death Accepts Plea Deal

A mother accepted a plea deal more than a year after she was arrested for the death of her infant child.

Makenzie Anderson was approximately two weeks shy of her first birthday when she died. At the time, her mother, Tyra Anderson, was staying with Makenzie and her three other children in a hotel on the 1600 block of New York Avenue, NE. Makenzie was last seen in surveillance footage on Feb. 1, 2020.

The prosecutor said that on the afternoon of Feb. 6, 2020, Metropolitan Police Department officers were dispatched to the Children’s National Medical Center because the infant was displaying signs of physical abuse.

Anderson, 28, told medical personnel as well as the officers on the scene that the victim fell off of the bed and began having shaking episodes, during which Anderson proceeded to pick her up and shake her. Anderson claimed that she found the infant cold to the touch the following morning, Feb. 6, which is when she took her to the hospital.

The following December, Anderson was arrested and charged with first-degree cruelty to children and felony murder. On Jan. 26, she pleaded down to voluntary manslaughter as part of an agreement with the prosecution.

DC Superior Court Judge Rainey Brandt accepted the plea and scheduled Anderson to be sentenced on March 31.

Judge Sets 2023 Trial Dates for Domestic Homicide Case

A judge scheduled a murder defendant to go to trial in May 2023. Parties estimate it will last three weeks.

On April 15, 2020, 28-year-old Shantal Hill was found on the 1200 block of North Capitol Street, NW, suffering from multiple gunshot wounds. Before she succumbed to her injuries at a local hospital, a Metropolitan Police Department officer asked her who shot her. She responded with the name of her ex-boyfriend, Carson Posey, according to court documents.

Posey, 21, is currently charged with first-degree murder while armed and possession of a firearm during a crime of violence.

DC Superior Court Judge Julie Becker, the judge previously assigned to this case, said the defense was okay with having a pair of boots being used as evidence sent to a forensic lab to be tested for DNA as long as there was scientific proof that there was readable DNA on them before the prosecution tests them.

Video surveillance reportedly shows the defendant and his girlfriend minutes before the shooting occurred, wearing boots that are similar in appearance to ones he owns.

Both parties agreed to set a March 11 deadline for all discovery evidence to be in.

Judge Rainey Brandt scheduled the next hearing for April 8.

Plea Deal Offered to Parents Charged in Their Son’s Death

Co-defendants Antonio Turner and Ta’Jeanna Eason are charged with felony murder and first-degree cruelty to children in the death of their two-year-old son, Gabriel Eason. On Jan. 25, a prosecutor announced they have filed a plea deal that would remove the murder charges. The deal is being offered on the condition that both defendants accept it.

Turner was not brought over from DC jail for the proceedings. The 29-year-old defendant was released in this case but ended up in jail after he was charged with assault with significant bodily injury last November. Eason, 32, remains released.

The two were arrested approximately six months after their son’s death on April 1, 2020. Emergency personnel found the child unconscious that day on the 900 block of Division Avenue, NE. The cause of death was deemed to be blunt force injuries.

The wired plea deal would dismiss the current charges and allow the two defendants to plead guilty to three counts each of second-degree cruelty to children.

The case was continued to Jan. 27 to allow defense counsel to speak with their clients.

Police Chief Announces Two Arrests in Recent Shootings

Metropolitan Police Department Chief Robert J. Contee III announced that two arrests have been made in separate shootings that took place in the past week.

An arrest was made in relation to a Jan. 19 homicide. Sierra Johnson, 26, was sitting in her car with her two children when she was shot and killed in the 2500 block of Georgia Avenue, NW.

“I extend my condolences to the family, especially the children of Mrs. Johnson. She did not deserve to die,” Chief Contee said.

On Jan. 25, officers arrested 27-year-old Joseph Fox and charged him with second-degree murder while armed, felon in possession and carrying a pistol without a license. Detectives believe the homicide to have been domestic in nature.

A second arrest was also made in relation to a non-fatal officer-involved shooting.

Officers attempted to make contact with a man shortly before 9:00 p.m. on the 1300 block of Spring Street, NW. While the officers were getting out of their car, the suspect opened fire and hit one officer, according to police.

Chief Contee said an “illegal firearm” with an extended magazine that is believed to have been used in the crime was recovered the same night as the shooting.

“Last year over 2,400 illegal firearms were recovered by members of the Metropolitan Police Department,” Chief Contee said, advocating for people to call in tips if they are aware of any ghost guns in DC.

Police arrested 28-year-old Devon Easton and charged him with assault with intent to kill while armed, possession of a firearm during a crime of violence, assaulting a law enforcement officer while armed and unlawful possession of a firearm.

The officer is currently recovering at home.

During the press conference, Chief Contee thanked those who helped with the arrest along with those who assist in helping fight violent crime.

Sex Abuse Defendant Pleads Guilty to Misdemeanor Charge

A sex abuse defendant pleaded guilty to a misdemeanor charge as part of an agreement he made with the prosecution.

Josue Salmeron was initially charged with first-degree child sex abuse on Sept. 3, 2021. The previous month, he allegedly spoke to detectives about touching the victim’s breasts over her clothes, according to court documents.

Salmeron was 19-years-old at the time. The victim, who is related to him, was 11-years-old.

Due to his conviction, the defendant will have to register as a sex offender for the next 10 years. In return, the prosecution will not recommend a sentencing enhancement based on the significant relationship between Salmeron and the victim.

The prosecutor will also dismiss Salmeron’s misdemeanor domestic violence case, in which he was charged with threats to do bodily harm. However, she requested that the stay away order in that case be upheld.

DC Superior Court Judge Rainey Brandt presided over the Jan. 25 hearing. At the defense’s request, she ordered a pre-sentence investigation into the defendant’s life that would aid in sentencing. The maximum penalty for Salmeron’s conviction is 180 days of incarceration.

Judge Brandt scheduled an in-person sentencing for March 29. Family members of the victim are anticipated to give victim impact testimony at that time.

Parties Discuss DNA Testing Ahead of November Murder Trial

Parties discussed DNA testing in preparation for a November murder trial.

Ch’Juan Robinson, 24, is charged with first-degree murder while armed for allegedly shooting 35-year-old Louis Kingsbury on the 200 block of New York Avenue, NW, on April 29, 2020.

Defense attorney Dana Page recently motioned to prevent the prosecution from consuming possible DNA evidence. She specifically requested that the prosecution not be allowed to test a buccal swab obtained during the investigation until they can demonstrate usable DNA to compare it with.

Page also wanted the prosecution to split any swabs in half before using them so some will be availible to be used by the defense.

DC Superior Court Judge Maribeth Raffinan denied the defense’s request in part. She ordered the prosecution to provide the defense with information on the quantity of DNA evidence being extracted and consumed. She instructed prosecutors to “allow defense experts to view the testing process, if practicable, and preserve any remaining DNA that is extracted,” according to court documents.

Judge Raffinan also agreed to preclude the prosecution from testing the buccal swab before they are able to demonstrate usable DNA to compare it with.

During the Jan. 24 hearing, Judge Raffinan scheduled the trial to begin on Nov. 14. Parties estimate it will last two weeks.

Robinson will return to court on May 13 for a status hearing.

Judge Denies Release Request From Defendant Charged With Two Homicides

A murder defendant’s attorneys requested their client’s release from the custody of the Department of Youth Rehabilitation Services (DYRS). This request was denied during a Jan. 24 hearing.

Michael Mason, 17, is currently held at DYRS as he and 20-year-old Dajuan Jones face murder charges in connection with the death of 21-year-old Brea Moon. She was shot to death on the 3900 block of Alabama Avenue, SE, on April 7, 2020. Mason and Jones are charged with first-degree murder while armed.

Mason faces an additional count of first-degree murder while armed in his case for his alleged involvement in the death of 18-year-old Antwuan Roach on May 22, 2020, on the 3800 block of East Capitol Street, NE. Prosecutors believe the fatal shootings of Roach and Moon to have been gang-related, according to court documents.

Defense attorneys Andrew Ain and Linden Fry filed a motion to release Mason into the High Intensity Supervision Program. They said Mason has been very compliant during his last two years at DYRS. The defense also pointed out that he earned his high school diploma during his time in custody.

The prosecutor argued against release, showing the defendant’s Instagram. There were photos of Mason and Jones with numerous firearms on his page.

DC Superior Court Judge Milton Lee sided with the prosecution and continued to hold the defendant at DYRS. In response, Mason requested to be sent directly to the DC Jail as he is turning 18-years-old at the end of March. Judge Lee outright denied this request stating that there are regulations keeping Mason at the DYRS. He also did not want to expose Mason to the higher levels of COVID cases at the DC Jail.

Mason and Jones are scheduled to return to court on Feb. 1. The prosecution plans to have an indictment ready by the next hearing date.

Document: Victim Identified in January Homicide

The Metropolitan Police Department has identified the victim in a January homicide.

At approximately 11:22 a.m. officers responded to the 3700 block of Hayes Street, NE, due to the report of a shooting. Upon arrival, officers located a male victim with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

The MPD has now identified the decedent as 39-yer-old Timothy Stewart, according to the press release.

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