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Judge Releases Defendant Due to DC Jail’s Inability To Treat His Injuries

A sex abuse defendant was released after a DC Superior Court judge decided that his injuries were too complicated for the DC Jail to handle.

The defendant’s leg injury first occurred on approximately Sept. 1, 2021, at the DC Jail, where he was held after being arrested for allegedly sexually abusing a child. Parties discussed the issue during at least four hearings since the initial injury before they convened again on Jan. 20.

The defendant has been arraigned on his indictment and scheduled for trial since the injury first occurred. He is now charged with two counts of first-degree child sex abuse and one count of second-degree child sex abuse but rejected a plea offer for a lesser charge in January. The trial is set to commence in June.

Eric Glover is the General Counsel for the Department of Corrections (DOC). He gave information on the defendant’s medical situation, explaining that the defendant had received an MRI. This showed that while the defendant may not need surgery, the injury has not gotten healed and rehabilitation is required.

In response, defense attorneys Jacqueline Cadman and Leo Alley requested their client’s release because it had been five months since his initial injury, yet he had not received full medical treatment. The defendant had been given crutches months before.

Judge Milton Lee said from watching him come in and out of the courtroom, it was “obvious” the defendant did not know how to use them.

Judge Lee noted that on two separate occasions the DC Jail had said the defendant was on quarantine due to either a positive COVID test or an exposure to someone who did. One of these occasions led to the defendant missing a doctor’s appointment for his injury.

It was later found that this was a mistake the Department of Corrections had made. The defendant had not been in quarantine either time. They had also made a second mistake. The defendant had fallen when being transported. In order to help assist the defendant, one of the DOC officers took his medical paperwork from him. The officer had then misplaced the documents and as far as the court knows, they are gone.

Judge Lee said he was incredibly disappointed and frustrated by the jail’s handling of the defendant’s medical issues. He said if anyone in the general public had the same injury, they would not have to wait months to seek help as the defendant did and that he was concerned about the “absence of response to an injury.”

“The jail just did not believe he was injured,” Judge Lee said.

The prosecution had questions based on a previous determination that the defendant was too dangerous to be released. They said that in the preliminary hearing the defendant was found too dangerous to be released and was supposed to stay at DC Jail.

“I am ruling now that he is no longer a danger,” Judge Lee said, explaining that the defendant’s injury directly affects the danger he presents to the community. He also said that after the jail made mistakes with the defendant’s COVID test, he does not trust them to appropriately handle his medical issues.

The prosecution questioned if releasing the defendant would be safe since he would be released into the case of his mother, who allegedly knew about the allegations the children made about the defendant before his arrest but did nothing.

Judge Lee maintained that, because of his injury, he is not at the same level of dangerousness compared to before. He ordered that the defendant be released into the High Intensity Supervision Program under 24-hour home confinement.

It’s Not the Guns!

As 2021 wound down, D.C. Mayor Muriel Bowser sent out a public missive focusing, again, on illegal guns as the cause of D.C.’s ever-rising homicide rate. 

For the last six years D.C. Witness has been tracking every homicide in D.C. and we have pointed out, and will likely have to again, that pointing to guns is too simplistic. 

We could once more point to the data that the most prevalent motivation to kill someone in D.C. is petty disputes. We could point to the fact that illegal guns are readily and legally available JUST across the bridge in Virginia (and become illegal only once they cross into the city), so even removing them all would just create a new vibrant market. We could point to the average age of victims and alleged perpetrators as being in their late 20’s, which shows this is something more than a “youth issue.” 

But there is one statistic from 2021 that is perhaps most disturbing of all, that reinforces guns are a symptom, not the cause.

In 2021, stabbing deaths in DC doubled from 14 the year before to 27. This is something that presents a new frightening trend. 

What is significant is that stabbing is a different level of violence. It is personal and physical, and not done at a distance with minimal pressure applied by a finger. 

Rather than guns as the cause of all the killing, it points to a culture of violence that the data suggests is becoming the new normal in our city. 

So yes, getting rid of the illegal guns would definitely be good but it is too facile to say it is just the guns. And it ignores a trend that needs to be addressed now rather than when it is the stuff of press conferences, or other Mayoral emails. 

Judge Reschedules Murder Trial to Begin Sooner

Parties in a murder case agreed to reschedule the defendants’ trial to begin approximately one month earlier.

Co-defendants Tony Morgan and Martinez Raynor are accused of traveling to a holiday market on the 3500 block of Wheeler Road, SE, in a stolen SUV and opening fire on Oct. 20, 2018. Malik McCloud, 19, was killed in the shooting.

Morgan, 28, was arrested on Dec. 5, 2019. Raynor, 22, was arrested five days later. Morgan is charged with first-degree murder while armed. Raynor is charged with felony murder while armed.

The two were previously set to go to trial on Aug. 8. But during a Jan. 20 hearing, DC Superior Court Judge Maribeth Raffinan said she is scheduled to go on leave and won’t be available to preside over the trial at that time. Because of this, parties agreed to reschedule the trial to begin on July 6. 

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

Attorneys for both defendants have filed emergency release motions citing the conditions of confinement at DC Jail. Judge Neal Kravitz, who was previously assigned to the case, will address these. 

Morgan is also charged with conspiracy, 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.

Raynor is charged with conspiracy, possession of a firearm during a crime of violence, carrying a pistol without license outside a home or business and possession with intent to distribute a controlled substance while armed.

Document: Suspect Arrested in September Homicide

A suspect has been arrested in connection with a homicide that occurred on Sept. 18, 2021.

At approximately 9:20 p.m., officers responded to the 1300 block of Nicholson Street, NW, due to a report of a shooting victim. Officers located 17-year-old Brayan Villataro with gunshot wounds and pronounced him dead on scene, according to a press release.

Mussay Rezene was arrested for first-degree murder while armed on Jan. 19.

Rezene, 29, was also charged with felon in possession of a firearm pursuant to a United States District Court arrest warrant. This alleged offense is unrelated to the homicide. As well as this, Rezene was charged with failing to register as a gun offender pursuant to a DC Superior Court arrest warrant.

Document: 27-Year-Old Homicide Victim

The Metropolitan Police Department is investigating a homicide where a 27-year-old was shot and killed.

At approximately 8:04 p.m. on Jan. 19 officers responded to the  2500 block of Georgia Avenue, NW, due to sounds of gunshots. Upon arrival, officers located 27-year-old Sierra Johnson, with gunshot wounds and transported her to a local hospital. She later succumbed to her injuries, according to the press release.

Document: Murder Suspect Arrested the Same Day as Incident

The Metropolitan Police Department made an arrest in a homicide that occurred that same day.

At approximately 12:42 p.m. on Jan. 19, officers reported to the 4000 block of South Capitol Street, SW. Upon arrival, officers located 32-year-old Darryl Hall with gunshot wounds inside a residence. He was pronounced dead on scene.

That same day, officers arrested 35-year-old Jinard Kearney and charged him with second-degree murder while armed. According to the press release,the homicide was domestic in nature.

Trial Preparations Underway in Case of Teenager’s Homicide

Parties discussed preparations for the upcoming trial of two defendants charged in connection with a teenager’s death.

James Mayfield and Robert Moses, both 22, 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.

The two defendants are scheduled to go to trial in late March.

Moses is being represented by Steven Kiersh and Kevin McCants. Moses was unable to attend the hearing due to being in quarantine at the DC Jail. Moses defense attorneys said during the Jan. 18 hearing that they expect to file multiple motions once Moses is out of quarantine and they can speak with him.

Mayfield is represented in his cases by Sweta Patel and Veronice Holt. He is currently unvaccinated and DC Superior Court Judge Maribeth Raffinan said he must be vaccinated before the trial date. His counsel said they plan to file new motions once they are able to have a status hearing where both parties are present.

Prosecutors in this case said that no plea deal has been extended to the defendants. Judge Raffinan told defense counsel they should speak to their clients about their interest in possibly pleading out instead of going to trial.

Updated expert notices from the prosecution are due by Feb. 8. The defense has until Feb. 22 to file objections with the prosecution’s responses due by March 7.

Towards the end of the hearing, Mayfield attempted to speak directly to Judge Raffinan about a separation order. Judge Raffinan advised that before he spoke more he should communicate with his lawyers. Mayfield sat back down and spoke with his counsel. Holt then addressed the judge saying that the question regarding the separation order would not be resolvable at the moment.

Parties are scheduled to reconvene on Feb. 10 for a status hearing.

Moses is also charged with possessing a firearm during a crime of violence, assault with intent to kill while armed, conspiracy, aggravated assault and obstructing justice in this case. Mayfield is charged with assault with intent to kill while armed, possessing a firearm during a crime of violence, threat to injure or kidnap a person, armed robbery, assault with a dangerous weapon, aggravated assault, possession of an unregistered firearm and carrying a pistol without a license outside a home or business.

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

Document: Additional Arrest Announced in Mass Shooting

The Metropolitan Police Department has announced an additional arrest made in relation to a mass shooting. Three others had previously been arrested.

At approximately 7:33 p.m. on Sept. 4, 2021, officers responded to the 600 block of Longfellow Street, NW, because they heard gunshots while in the area. Officers located six adults with gunshot wounds, according to the press release.

Three of the victims, 31-year-old Donetta Dyson, 24-year-old Keenan Braxton and 37-year-old Johnny Joyner succumbed to their injuries. The others were treated at a local hospital.

On Jan. 18, officers arrested Damonta Thompson for first-degree murder while armed in relation to the incident. Two others were already arrested and charged with first-degree murder while armed, 27-year-old Erwin Dubose and 24-year-old Kamar Queen. Another person was also arrested and charged with accessory after the fact, 49-year-old Toyia Johnson, according to DC Witness data.

Parties Wait to Schedule Preliminary Hearing in Sex Abuse Case

More than one year after a defendant was charged with child sex abuse, the prosecution and defense put off scheduling a preliminary hearing to determine if his case has enough evidence to go to trial.

The defendant is charged with first-degree child sex abuse in a domestic violence case.

Parties in this case decided against scheduling the preliminary hearing in part so the prosecution could continue its investigation. Defense attorney Jacqueline Cadman also pointed out that her client is not detained and noted concerns over COVID cases in DC. Cadman is newly appointed to the case, replacing David Knight. She, her client and the prosecution attended the proceedings remotely.

On the day of the defendant’s initial hearing in November 2020,  DC Superior Court Judge Todd Edelman scheduled a felony status conference to take place in April. That hearing was later rescheduled to October. Parties met one more time in December before the Jan. 19 hearing.

Judge Milton Lee scheduled a felony status conference for March 2, at which time parties are expected to discuss if they want to schedule a preliminary hearing. In the meantime, the defendant remains released on the conditions that he returns to court and abides by a stay away order. 

20 Homicides Happened in December

Exactly half of December’s homicides took place after Dec. 19, including three fatal shootings before 1 a.m. on Dec. 20. 

Police say 27-year-old Nycholas Hester and 25-year-old Johnny Coles exchanged gunfire inside of a residence on the 1400 block of P Street, NW, according to a press release. Samuel Hernandez, a 17-year-old Maryland resident, was also shot on the 200 block of Allison Street, NW. 

These were just three of the twenty homicides that occurred in DC during the month of December, according to D.C. Witness data as of Jan. 6. Homicides rose by 54 percent in December compared to November.

Hernandez was one of two 17-year-old teenagers killed in December. The average age of homicide victims during the month was approximately 31 years old.

The oldest victim, Sylvia Matthews, was 71 years old when she was killed. Detectives said they believe her homicide was domestic in nature.

In the late morning hours of Dec. 3, officers received a 911 call for a suspected burglary on Elmira Street, SW, according to court documents. A witness told officers that she believed Matthews was being held hostage.

Officers entered a residential building through its rear door and found Matthews at the bottom of the basement stairs. He weas suffering from severe head trauma. They also found 66-year-old Michael Garrett, who called Matthews his ex-girlfriend, in the basement, according to court documents. Garrett was arrested and charged with assault with intent to kill while armed with a cane.

On Dec. 4, Matthews succumbed to her injuries. Garrett’s charges were upgraded to second-degree murder while armed. He is being held in custody while he awaits his next hearing, which is scheduled for Feb. 23. 

Shootings once again accounted for the cause of death in a large majority of homicides. All but three victims were shot in December. This is a trend that has been seen every month and year since at least 2015.

Two victims were also stabbed: 36-year-old Musse Belete on Dec. 28 and 43-year-old Dion Thompson-Moore on Christmas Eve. 

Thompson-Moore’s stabbing was one of two homicides that took place on Christmas Eve Day. However, none occurred on Christmas Day. D.C. Witness previously found that from 2015 to 2020, Christmas was the only major holiday with no homicides.

The year closed out with 227 homicides. That’s more than any year before since 2003, according to the Metropolitan Police Department.

Man Rejects Plea Deal in Fatal Stabbing Case

A defendant charged with first-degree murder while armed for allegedly stabbing a 71-year-old man to death inside his home rejected an offer from the prosecution to plead guilty to a lesser charge.

On the morning of Feb. 5, 2018, Michael Mahoney was found in his apartment on the 2300 block of 11th Street, NW, lying on the floor with multiple stab wounds. Mahoney’s friend called the apartment complex’s management because he was concerned after not having heard from Mahoney since Feb. 3, according to court documents. 

Edward Brown was arrested in reference to Mahoney’s death less than one month later. He is currently scheduled to go to trial in August. The 59-year-old defendant is also charged with armed robbery in this case.

During the Jan. 19 hearing, Brown rejected a guilty plea for voluntary manslaughter. DC Superior Court Judge Rainey Brandt set a May 9 deadline for expert notice and additional motions. Responses to those motions are due by July 11. 

Parties are scheduled to reconvene on Feb. 24 and again on July 21 for motion hearings.

Document: 19-Year-Old Killed in Shooting

The Metropolitan Police Department (MPD) has released information regarding a shooting that killed a 19-year-old.

At approximately 7:59 p.m. officers responded to the 5000 block of Cloud Place, NE, due to a report of a shooting. Upon arrival, officers located 19-year-old Devin Brewer with gunshot wounds. Officers also located another victim. Both were transported to a local hospital but Brewer died from his injuries, according to the press release.

Judge Finds Probable Cause for Double Homicide Case

Keanan Turner is charged with two counts of first-degree murder while armed and one count of assault with intent to kill while armed in reference to a shooting that killed a mother and daughter and injured a third victim. On Jan. 13, a DC Superior Court judge ruled that his case has enough evidence to go to trial.

The 32-year-old defendant allegedly shot and killed Wanda Wright and her daughter Ebony Wright on the 2300 block of Good Hope Court, SE, on April 10, 2021. He is also accused of shooting a third victim, who ultimately survived.

Turner rejected a plea offer for two counts of second-degree murder while armed along with one count of assault with intent to kill. 

The prosecutor asked Judge Maribeth Raffinan to find a substantial probability that if Truner went to trial, he would be found guilty of the offenses. Substantial probability is a higher standard than probable cause.

One witness testified- the lead detective in the case. 

The prosecutor showed surveillance footage from a Ring door camera of the three victims and the defendant entering the apartment at separate times. The camera was placed above the door and activates when it senses movement. 

The defendant was allegedly at the location because he had received child support paperwork from Ebony Wright. The two had a child together, but Turner was also married. The detective testified that the surviving witness said Turner did not want to be in the child’s life. The surviving victim told detectives that they had planned to meet at that location to discuss the infant and for Turner to meet him for the first time. 

The surviving victim said she had heard gunshots in the home and then ran to hide in a closet. The shooter, who she later identified to detectives as Turner, allegedly shot her in her hiding place. She was shot in the face but managed to get out. She noticed that a computer was on fire and her mother, Wanda Wright and sister Ebony Wright were on the ground with gunshot wounds. She grabbed the infant and ran outside.

The surviving victim attempted to talk to officers while in an ambulance but could not speak due to her injuries. However, she wrote Turner’s name down on a piece of paper when they asked who did it.

The detective said they attempted to speak with her again a few days later but she was still unable to talk. They tried a third time, and she was finally able to. 

Cell phone evidence was also shown. The detective testified about information found, showing Turner nearby the scene of the crime. 

Turner was at his father’s house when he was arrested. The father said Turner had not been to his house in three months and showed up abruptly. He asked about getting money for an attorney. At the time of the shooting, Ebony and Turner had a custody case in the DC Superior Court. 

At the time of the arrest, the detective testified that officers located 300 guns in the household. Court documents state that eight of these matched the 9mm bullet casings found at the scene but the detective corrected the matter and said it was only seven. The detective said officers recovered those guns but did not recover the others because Turner’s father had a license. 

One of the defense attorneys in this case cross-examined the detective and focused on how the suspect was identified. He questioned if there was a narrative created when writing the affidavit.

“I don’t have a motive, sir,” the detective said. 

The detective also testified about a statement Turner allegedly made to an officer at the time of the arrest. Without the officer asking any questions, Turner began talking to the officer. Ber Of the officer could get out a recording device, the detective testified that  he said something similar to “things just went left that’s why I had to do it.” 

Both the prosecutor and the defense asked about this. The prosecutor said this was an admittance, while the defense said this was lacking evidence because it was not recorded. 

Judge Raffinan found substantial probability in the case, noting the security footage and Turner’s alleged statement.

Parties are set to reconvene on March 25.

Multiple Court Hearings Canceled Amid DC Jail Covid Outbreak

Hearings for multiple cases were canceled at the DC Superior Court due to the DC Jail seeing their largest COVID-19 outbreak since the pandemic began, according to government data.

As of Jan. 10, 1,081 people were in quarantine or had tested positive at DC Jail. These high numbers have yet to be seen since the start of the pandemic. Judge Rainey Brandt said on Jan. 18 in open court that her entire calendar had been canceled due to the defendants being in quarantine at the jail.

One of the hearings in courtroom 201 was supposed to take place later in the day, but Judge Brandt chose to call it earlier because the defendant, Dedan Williams, is quarantined and could not be brought to court. Williams, 50, is charged with second-degree murder while armed for allegedly stabbing 38-year-old Andrew Tillman to death on Nov. 15, 2020.

“Why put off till 2:30 what you can do now,” Judge Brandt said.  Williams’ defense attorney said he was unaware of the defendant being on quarantine.

This is the second time Williams has missed a hearing in 2022 due to being in quarantine. During the first one he missed on Jan. 4, defense attorney Roderick Thompson said he had received plea deal paperwork but has not been able to go over it with his client

Defendants Niko Hall and Kyrie Wells also missed hearings due to being in quarantine. Both are charged with first-degree murder while armed in the fatal shooting of 25-year-old Anthony Lee on Sept. 26, 2020.

Parties in this case are slated to reconvene for a felony status conference on Feb. 8.