Judge Needs Time to Decide on Murder Defendant’s Release Request Amid Concerns Over Jail Conditions

A DC Superior Court judge needs more time to consider a murder defendant’s request for a release amid concern over the conditions at DC Jail.

Tondrick Murphy, 31, is charged with first-degree murder while armed in the shooting of 26-year-old Marquis Jones. On Oct. 6, 2018, Jones was found dead on the 2900 block of Martin Luther King Jr. Avenue, SE, having sustained multiple gunshot wounds.

Defense attorney Ronald Resetarits filed an emergency motion for immediate release due to “unsanitary, unsafe, and unconstitutional conditions of confinement.” During the Nov. 18 hearing, Resetarits said Murphy would not be “a present danger to the community under strict home confinement” and should be released.

Judge Milton Lee said, “I’m not sure that the entire detention facility is of concern.” He said if an individual is currently in an unsatisfactory area of the jail, “it seems to be perfectly appropriate to move the individual to a different section of the jail that is not condemned.”

Resetarits said the problems at the jail are “pervasive, inhumane, and structural” and include “overpowering smells, toilets filled with feces, standing sewage, and water being shut off.”

Resetaris also said, “daily stabbings are occurring where [Murphy] was housed for a year-and-a-half.” After mentioning these stab victims are brought to Murphy’s unit to shower, the defense continued, “[Murphy] is having to clean up his shower just so he doesn’t have to shower in a pool of blood.”

Resetaris also noted the only reason Murphy is in that unit is because of COVID. Eventually, Murphy will be moved back to the unit where “daily stabbings are occurring.”

In addition to this, Resetarits said Murphy has a compelling self-defense case because Jones was found with a gun and a witness who testified before a grand jury said he heard Jones threaten Murphy minutes before the shooting.

The prosecution disagreed. “[Murphy] continues to shoot [Jones] when he’s down,” they said. “This is not a reasonable use of force.”

Judge Lee will schedule a hearing to discuss the defense’s motion for release once he has made a decision.

Murphy’s trial is scheduled to begin in April.

Judge Rejects Self-Defense Argument During Preliminary Hearing for Murder Case

A DC Superior Court judge ruled there is probable cause in a murder case.

Judge Dayna Dayson decided that there is enough evidence that 29-year-old William Davenport shot Leonard Turner, 27, on May 14 on the 1700 block of Trinidad Avenue, NE, during a Nov. 17 preliminary hearing. She also rejected the argument that Turner was killed in self-defense, citing how he was shot four times in the back.

Defense attorney Jacqueline Cadman previously argued that the shooter from the photos displayed by the prosecution was not clear enough to determine who the shooter was or if there was actually a gun in his hand. “The [prosecution] has not met the burden for finding probable cause,” Cadman said.

The prosecution, however, argued there is probable cause that the defendant is the shooter and intended to kill Turner. The prosecution said evidence suggests that Davenport’s phone was turned off during the murder. Cell site information tracked his location going from his mother’s house to a shelter, and then returning. The prosecution continued to argue there was no need for the defendant to go to the shelter because he didn’t live there.

The prosecution also argued against the notion of self-defense, saying Turner’s back was turned away from Davenport when he was shot and Turner did not have a gun on him.

The prosecutor argued Davenport is the shooter because the pictures were confirmed by a member of his family when she was shown images of the shooter during an interview at a police station.

A Metropolitan Police Department (MPD) detective took the stand, testifying as the lead detective on the case. The detective said he went to the residence of Davenport’s mother and asked to speak with her “in regards to an ongoing investigation.” During the investigation before the arrest, the police received two anonymous tips, one of which mentioned the type of car that the shooter had, an old taxi cab. He received a phone call from another officer who recognized the shooter as Davenport after viewing a “be on the lookout” notice.

Cadman noted no one has spoken to the people who sent in anonymous tips so there is no information on the basis of that knowledge, and the court can’t rely on anonymous tips. Two witnesses allegedly saw the shooting and provided a description of the person with the gun and he doesn’t align with the appearance of Davenport, Cadman said.

Judge Dayson agreed that both witnesses’ physical description was inconsistent. However, since there were four shots in the back of Turner, it shows he was not posing an immediate threat and there was no mitigation, Judge Dayson said. Judge Dayson was not sure he had a plan because he circled the block, but he did bring a gun with him. This logic was used when deciding between the probable cause for first or second-degree murder.

Judge Dayson found probable cause for first-degree murder.

The prosecution asked for the defendant to be held, but Cadman requested he be released into the High Intensity Supervision Program. Cadman said Davenport has three children and he’s not a danger to the community. He was cooperative to the arrest, is not a flight risk and his family supports him. Outlining the “terrible” conditions in the jail, Cadman also said he is not receiving the medical treatment that he needs there.

Judge Dayson is holding Davenport out of interest in keeping the community safe and but will send a message to try to get him treatment for his medical needs.

The next hearing is scheduled for Nov. 22 to discuss any updates.

Parties Prepare for Sex Abuse Trial

A DC Superior Court judge heard arguments on two motions in a sex abuse case set for trial later this month.

The defendant, a former Catholic priest, is charged with two counts of misdemeanor sex abuse. These charges were originally part of a seven-count indictment filed against him in May 2019, according to court documents.

The following November, the defendant was convicted of three counts of second-degree child sex abuse and one count of misdemeanor sex abuse. He was then sentenced to a total of 15 years for these offenses and is now awaiting a non-jury trial for the other two misdemeanor sex abuse charges. These charges stem from the allegation that he touched a woman’s breast twice in 2017 after she went to him for confession.

The woman went to another priest from the same parish in November 2018. He contacted law enforcement on her behalf. She also told her mother on the same day of the alleged incident.

The prosecution had intended to include these reports as evidence in the upcoming trial, which is scheduled to begin on Nov. 29. Defense attorney David Ritcher motioned for these reports to be excluded as “inadmissible hearsay” in March 2020.

During the Nov. 18 hearing, Judge Juliet McKenna called it “unduly prejudicial” to introduce evidence of the reports made about the alleged incident to the priest, the victim’s mother and law enforcement.

Judge McKenna allowed the prosecution to introduce the report the victim made to her mother. She only allowed the prosecution to include limited statements to the priest or the Metropolitan Police Department.

The prosecution also gave notice back in September of their intent to introduce evidence stemming from one of the defendant’s second-degree child sex abuse convictions, which involved conduct similar to that alleged in the pending misdemeanor sex abuse charges, at the trial. The defense has opposed this.

However, upon learning that the defendant does not intend to use the defense that the alleged incident in question was a mistake or accident, the prosecution said they would no longer use the evidence.

Judge McKenna put the motion on hold rather than denying it as moot in case the defense changes their mind.

Two days have been set aside for the upcoming trial.

Three Witnesses Testify During Murder Trial, Including Victim’s Brother

Editors Note: The defendant in this case has since been acquitted on all counts.

The trial for the fatal shooting of Daniel Parker continued with a forensic scientist and a Metropolitan Police Department (MPD) officer both testifying.

Dewayne Shorter is charged with first-degree murder while armed for allegedly shooting 38-year-old Parker on July 26, 2017, on the 2000 block of Fairlawn Avenue, SE. Shorter, 33, is also charged with assault with intent to kill while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm while armed during a crime of violence.

The first witness called during the Nov. 17 proceedings was a forensic scientist from the Department of Forensic Sciences (DFS). The prosecutor asked about the photos she took of the crime scene and the placards she placed around the scene. She said she gathered plastic bags as evidence because she wanted to check if they had drug residue on them.

The scientist said she found shell cases from different guns at the crime scene. She showed the jury a few of the shell casings.

She also showed the jury the firearm recovered from Parker’s waistband, along with its magazine. The scientist explained how she obtained Parker’s fingerprints from the firearm. When the prosecution asked why she had fingerprinted a deceased person, she said it was DFS policy at the time to fingerprint everyone involved in a crime.

Defense attorney Jon Norris asked the scientist if she had arrived at the crime scene after the shooting, which she had.

The next witness called was an MPD officer. The officer participated in executing a search warrant of a house located nearby the scene of the shooting in October of 2018. The officer was shown a photo of the house to confirm it was the one he searched.

The officer said he had retrieved an assault rifle from the house, and showed the rifle to the jury. The officer also showed another firearm that was recovered from the search. These are illegal in DC.

The officer said he also found drug paraphernalia, drug packaging, scales and money in the house. The officer was shown photos of the objects and he confirmed they were what he recovered from the house.

Norris asked the officer how many firearms he had recovered. He said he recovered three firearms: two handguns, both of which had extended magazines, and the assault rifle. Extended magazines are illegal in DC. The officer did not know who lived in the house at the time of the search but Norris said the people living in the house were affiliated with Parker.

Norris then asked the officer about a box of baking soda that was seen in a photo of bags of cocaine in the house. The officer explained that baking soda is used to increase the amount of cocaine, and is also used to turn cocaine into crack.

The last witness called was Parker’s oldest brother. The prosecution asked about their relationship. Parker’s brother said they were very close and he loves his brother.

The prosecutor asked Parker’s brother if he used to be involved in the sale of marijuana, and he said yes. Parker’s brother was then asked about his actions the day of the shooting. He said he worked all day, ran some errands and went home to sleep. He said his mother came to his house and said somebody told her somebody was shooting at his brother. Parker’s brother said he immediately went to the scene.

Parker’s brother said when he arrived at the scene of the crime, he saw his brother covered by a white sheet. He said a friend had told him Shorter shot his brother. The prosecution asked why he did not say this in his grand jury testimony, and he said this is because his friend was “high” at the time and he didn’t want to get Shorter in trouble.

Parker’s brother said he saw Shorter at the scene of the crime. He said Shorter told him he shot Parker by saying “you got bodies, I got bodies”. Parker’s brother said “having bodies” means to kill someone. The prosecution asked him if he had ever killed someone, and he said no.

The prosecutor continued, asking about a shooting Parker was involved in. Parker’s brother said his brother had told him he shot up a car, but the wrong person was inside. This happened around April 2017. He said his brother was mad about the shooting because he shot the wrong person and he wanted to “finish it off”.

Parker’s brother said he told Parker not to go after the person because their families were friends. When asked who Parker intended to kill, he said Shorter. Parker’s brother said a neighbor had told Shorter that Parker intended to kill him.

The prosecution asked Parker’s brother if their youngest brother had killed him, and he said no. Parker’s brother was asked about the relationship between Parker and their youngest brother, and he said they were very close.

Parker’s brother was then asked if his brothers used MDMA, and he said yes. He was asked if his brothers were “homicidal” about their drug use, and he said no.

The prosecution finished his examination by asking Parker’s brother if he had intimidated Parker’s ex-girlfriend, who previously testified. He denied this. He was then asked if he was covering up for the fact that his youngest brother really killed Parker. He responded, saying it was an offensive question and not true.

Norris asked Parker’s brother if his information about the shooting comes from other people, and he said yes. Norris asked him if he had told the grand jury that his friend told him Shorter had shot his brother, and he said yes. Norris showed him the grand jury statement, where he said his friend had heard the shots and ran off.

Norris asked about Parker’s drug use and how he was known to go on four to five day binges. Parker’s brother said that is not true because he saw Parker nearly every day. Norris then asked if he taught his brothers how to sell drugs and obtain weapons and he said no.

DC Superior Court Judge Marisa Demeo scheduled the trial to continue on Nov. 22.

Crime Alerts: November 17-18

The Metropolitan Police Department (MPD) sent out six crime alerts between 9:00 p.m. on Nov. 17 and 9:00 a.m. on No. 18.

A crime alert was sent out at 10:13 p.m. due to a robbery investigation in the 400 block of M Street, NW. Police identified the suspects as two Black males wearing all-black clothing.

A crime alert was sent out at 12:11 a.m. due to a robbery in the 2500 block of Pennsylvania Avenue, NE. Police identified the suspects as four Black males in a grey BMW X5 with unknown Maryland tags.

A crime alert was sent out at 4:28 a.m. due to a robbery in the 4200 block of Massachusetts Avenue, SE. Police identified the suspects as four Black males in a Nissan Rogue.

A crime alert was sent out at 6:15 a.m. due to a stabbing in the unit block of Galveston Place, SW. Police identified the suspect as a Black female wearing all black and a face mask.

A crime alert was sent out at 8:40 a.m. due to a robbery in the 500 block of Florida Avenue, NW. Police identified the suspect as a Black male wearing gray sweat pants, a gray hoodie and white shoes.

Prosecutor Discusses Plans to Test DNA Evidence Ahead of Murder Trial

A prosecutor discussed her plans for the testing of DNA evidence in a murder case set to go to trial next year.

Diquan Lucas, 24, is charged with first-degree murder while armed for allegedly shooting 33-year-old Brian Butler in an apartment on the 2300 block of Ainger Place, SE, on Nov. 21, 2019.

The prosecutor gave notice of their intent to test DNA evidence in the case back in September. During the Nov. 17 hearing, she mentioned that the testing site is backed up and was informed that results wouldn’t be returned until March. The trial is scheduled to begin in mid-April.

DC Superior Court Judge Milton Lee asked the prosecutor to try to expedite the testing process. She said she would try and get the results back earlier.

Parties are scheduled to reconvene on Jan. 7 to discuss any updates.

Lucas is also charged with first-degree burglary while armed, possessing a firearm during a crime of violence and unlawful possession of a firearm in this case.

The defendant was arrested less than two weeks after Bulter’s death. He awaits his trial from DC Jail, where he has been held ever since.

Lucas rejected plea offers from the prosecution during his preliminary hearing on March 9, 2020. He rejected another plea offer on June 1, slightly less than two months before he was indicted.

When Judge Dayna Dayson scheduled the trial during an August hearing, the prosecution said they expect to need approximately two weeks to present their case. Defense attorney Roderick Thompson said he anticipates needing “three days, tops.”

Victim’s Friend Testifies About Day of Fatal Shooting at Trial

Editors Note: The defendant in this case has since been acquitted on all counts.

A Metropolitan Police Department (MPD) officer who responded to the fatal shooting of Daniel Parker testified in front of a jury on Nov. 16. Parker’s friend, who was at the scene of the homicide, also took the witness stand.

Dewayne Shorter, 33, is on trial for first-degree murder while armed in the death of 38-year-old Parker on July 26, 2017, on the 2000 block of Fairlawn Avenue, SE.

The doctor who performed Parker’s autopsy reported that the victim was shot so many times that he could not count the exact number of entry and exit wounds he sustained, according to court documents.

The MPD officer told the prosecutor that, upon arriving at the crime scene, he found Parker on the ground with a gunshot wound to the head. When he realized that Parker was not showing signs of life, he checked the surrounding area for possible witnesses and began to set up barricade tape.

The MPD officer also said Parker had a pistol in the waistband of his pants. The prosecutor showed Body Worn Camera (BWC) footage to corroborate the testimony of the field training officer.

The second witness to testify was a friend of Parker who was present at the scene of the homicide.

Parker’s friend said he was friends with Parker’s brother before meeting Daniel. He testified that Parker’s brother, Daniel, and their third brother were known to make money on the side by selling marijuana. In addition, when asked by the prosecutor whether the Parker brothers were “stick-up boys”, he responded by saying he was not completely sure, but that he had heard rumors.

Parker’s friend was then questioned on the events that transpired the day of the crime. He testified that they were with other guests at a house in the 2000 block of Fairlawn Avenue, SE, having a barbecue. Parker’s friend mentioned that they were hanging out outside, which was rare.

When asked why that was rare, he responded that there had been many shootings in the neighborhood and that being outside just felt dangerous. But he denied that he was scared of being outside due to a specific person’s threat.

Parker’s friend admitted to being high at the time of the crime. However, he recalled that Parker was speaking to his girlfriend when gunshots began to go off. He then mentioned that everyone scattered when the first shot went off. He did not see where the shots came from, but he knew they were coming from behind.

The trial is expected to continue on Nov. 18 with more witnesses.

Shorter is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed and unlawful possession of a firearm in this case.

Document: Arrest Made in March Homicide

The Metropolitan Police Department (MPD) announced an arrest has been made in relation to a March homicide.

At approximately 10:43 p.m. on March 13 officers responded to the 600 block of O Street, NW, due to sounds of gunshots. Upon arrival, officers located 29-year-old Nicolas Hawkins with multiple gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

On November 23, officers arrested 26-year-old Anthony Whitted and charged him with second-degree murder while armed, according to the press release.

Judge Denies Murder Defendant’s Release Request Amid Concerns Over Jail Conditions

A murder defendant will remain held at DC Jail following the denial of his release request.

John Philogene is charged with second-degree murder while armed for allegedly shooting 34-year-old Evan Wood on March 27 on the 4200 block of 6th Street, SE.

Back in September, Philogene’s attorney at the time, Wole Falodun, motioned for the 24-year-old defendant’s release into the High Intensity Supervision Program or home confinement. During the Nov. 17 hearing, defense attorney Michelle Lockard, who recently replaced Falodun, cited the poor jail conditions Philogene described to her and argued that her client won’t be a flight risk on GPS monitoring and does not pose a threat to the community.

The prosecution opposed the request, arguing that the evidence against Philogene is strong – citing the court’s previous finding of substantial probability – and disagreeing with Lockard’s assessment that he does not pose a threat to the community.

DC Superior Court Judge Juliet McKenna brought up the defendant’s adult criminal history, which consists of misdemeanor charges, and said he has violated a stay away order in the past. Citing this, she denied the release request.

Acknowledging the reports of unsanitary jail conditions, however, Judge McKenna said the US Marshals Service, who recently performed an unannounced inspection of the facility, will be present at DC Jail and have agreed to “promptly remedy these situations.”

Lockhard suggested waiting to schedule the trial and Judge McKenna agreed. Lockhard said the prosecution gave her more discovery evidence two days prior and she is taking time to look over the details of them.

The prosecution also said they will be providing the defense with Body Worn Camera (BWC) and surveillance footage shortly.

The prosecution extended the defendant a plea offer that would reduce his murder charge to one count of voluntary manslaughter, with a sentencing range of seven-and-a-half to ten years. The defense has yet to make a decision on this.

The next hearing is scheduled for Feb. 25.

Parties Await Sex Abuse Defendant’s Decision on Plea Offer

DC Superior Court Judge Milton Lee scheduled a felony status conference for a first-degree sex abuse defendant who has been offered a plea deal.

The 34-year-old defendant is accused of sexually assaulting a woman on the 5400 Block of B Street, SE, on April 3.

According to court documents, the victim and defendant met at a wedding. The victim and her boyfriend were driving the defendant home from the wedding when they got into a car accident that led to a physical altercation between the victim’s boyfriend and the other drivers. The boyfriend got arrested at the scene. Later, the victim and the defendant drove back to his home where he then allegedly sexually assaulted her.

The prosecution extended the deadline for their plea offer to Nov. 18, when parties are scheduled to reconvene for another hearing.

In the meantime, the defendant will remain released under the High Intensity Supervision Program. During the Nov. 16 hearing, defense attorney David Benowitz said his client is in compliance with his pretrial release conditions.

Defendant Requests Additional Counsel Ahead of Murder Trial

A defense attorney requested the appointment of additional counsel ahead of an upcoming murder trial.

James Mayfield and Robert Moses are charged with first-degree murder while armed in the death of 17-year-old Jamahri Sydnor. Sydnor was reportedly shot while driving on the 1400 block of Saratoga Avenue, NE, on Aug. 12, 2017.

James Mayfield is also charged with first-degree murder while armed in the deaths of Jermaine Bowens and Elijah Henry. On Dec. 26, 2017, 38-year-old Bowens was found on the 2200 block of Douglas Street, NE, suffering from multiple gunshot wounds. The next day, 21-year-old Henry was found unconscious in a residence on the 1800 block of Bryant Street, NE.

Moses’ lawyer, Kevin McCants, asked DC Superior Court Judge Neal Kravitz to appoint an additional attorney before his client’s trial begins in February 2022. During the Nov. 16 hearing, McCants said he motioned for additional counsel at the request of his client, who would like a “second opinion” on his case, though McCants said he was more than able to handle the case himself.

Judge Kravitz expressed concerns over whether or not a new attorney would be sufficiently prepared for the trial before its scheduled start date. Defense attorney Veronice Holtz, who is representing Mayfield in both his murder cases, expressed the same concern.

Judge Kravitz met privately with McCants and Moses to discuss the matter. Judge Kravitz said he would be reaching out to other defense attorneys to see if they would be available

Any attorney appointed by Judge Kravitz will take over as the lead counsel on Moses’ case, with McCants remaining as assistant counsel.

Mayfield and Moses are also charged with assault with intent to kill while armed in a drive-by or random shooting offense committed during release, possession of a firearm during a crime of violence, assault with intent to kill, drive-by or random shooting, aggravated assault with grave risk while armed, obstruction of justice and conspiracy in that case.

The two remain held at DC Jail. Judge Kravitz scheduled a status hearing for Nov. 23.

Crime Alerts: November 16-17

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Nov. 16 and 9:00 a.m. on Nov. 17.

A crime alert was sent out at 10:01 p.m. due to a gun robbery in the 4500 block of Wisconsin Avenue, NW. Police identified the suspects as two black men in all-black clothing and armed with handguns.

A crime alert was sent out at 6:39 a.m. due to a gun robbery on the corner of Southern Avenue and Suitland Road, SE. Police identified the first suspect as a black male with a slim build wearing a ski mask. The second was identified as a Black male wearing a black hoodie and surgical mask.

Detective Finishes Testimony During Preliminary Hearing for Murder Case

A DC Superior Court judge found probable cause in a murder case, ruling that it has enough evidence to go to trial.

Bernard Matthews, 42, is charged with second-degree murder for allegedly shooting 22-year-old Diamonte Green on Feb. 16 on the 300 block of 33rd Street, SE.

A Metropolitan Police Department detective continued their testimony on Nov. 16. He had previously begun testifying on Nov. 12, D.C. Witness previously reported. During the cross-examination, defense attorney Andrew Ain asked questions about inconsistency in witnesses’ statements and other potential suspects.

Ain brought up the issue of a cream-colored Cadillac a witness told police they saw the shooting suspect leave in. Surveillance video shows that the Cadillac did not arrive near the scene until many minutes after the shooting. The video also shows an individual, who the police believe to be the defendant, leaving the scene on foot.

Ain questioned the detective as to why another individual, who was exchanging threatening messages with Green hours before the shooting, was never investigated. The detective just said they were not looked into.

Judge Neal Kravitz found probable cause but noted that “probable cause is a very low standard”. Matthews has been on release in the High Intensity Supervision program since April.

Judge Kravitz set another hearing for Feb. 1.

Defense Requests Murder Defendant’s Release Due To Jail Conditions

The attorney for a defendant charged in the death of Unique Harris, who went missing in 2010, requested his client’s release due to the conditions at DC Jail.

Isaac Moye, 44, is charged with second-degree murder in the death of 24-year-old Unique Harris.

Harris disappeared from her home on the 2400 block of Hartford Street, SE, on the night of Oct. 9, 2010. She has yet to be found. In 2018, the court granted a petition for a presumption of death of a missing person and issued a death certificate for her. Moye was arrested in December 2020.

According to court documents, Harris’ children reported her missing in the morning when they realized she was not in the house but her car was still in the driveway. Moye was on GPS tracking at the time and tracking records indicate that he arrived at Harris’ home around 10:40 p.m. on Oct. 9 and left around 7:20 a.m. on Oct. 10.

Moye was arraigned on the murder charge – the sole count of the indictment – during the Nov. 16 hearing. He entered a plea of not guilty.

Defense attorney Jason Tulley filed a motion for Moye’s release based on the conditions at DC Jail. The prosecution had not yet replied to the motion at the time of the hearing so DC Superior Court Judge Neal Kravitz ordered them to do so by Nov. 19.

Tulley’s motion explains how his client has experienced similar conditions to what the U.S. Marshals Service’s report describes as inhumane. He said it is difficult to meet with his client due to them.

According to Tulley, a co-counsel will be assigned to the defense and then they can move forward with picking a trial date.

Judge Kravitz set a hearing on Dec. 1 to select a trial date.

Document: November 16 Homicide

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Nov. 16.

At approximately 2:01 a.m. officers responded to the 4300 block of Wheeler Road, SE, due to a report of a shooting. Upon arrival, officers located 62-year-old Albert Young with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

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