Defense Challenges Use of Video Evidence in Preparation for Murder Trial

A defense attorney challenged a prosecutor’s decision to use certain video evidence in an upcoming murder trial.

Tony McClam is charged with first-degree murder while armed in the shooting of 11-year-old Karon Brown on July 18, 2019, on the 2700 block of Naylor Road, SE.

Defense attorney Jason Tulley argued during the Dec. 1 hearing that videos and images the prosecution planned on using during the trial would sway the jury to find prejudice against 31-year-old McClam.

Tulley showed two videos the prosecutor intended to use. In one of the videos, the police searched a witness’ apartment found a gun allegedly used during the shooting.

The video clip showed the gun was found in a bag next to children sitting on the couch. Tulley said that the jury might associate McClam with letting the gun be in a space where children are present and hold it against him.

The prosecutor argued that the video is relevant because it adds to the timeline of where the gun traveled from the time of the shooting. The witness found the defendant’s gun in her bag and presumably brought it to the residence they were staying in, the prosecutor said, so the gun being retrieved near children does not involve McClam.

The other video from the prosecutor showed Body Worn Camera footage of a police officer who found a bullet on the child of the witness during a search. Tulley said this is not relevant and “advances the case in no way.”

The prosecutor said the evidence of the bullet in his pocket corroborates the story the witness gave about handing the gun to her child to let him unjam it.

“There’s no way to take kids out of the case,” the prosecutor said, “the government has a right to present evidence in the manner it unfolds.” They said they are modernizing the system by showing the video instead of telling the jury what took place.

Judge Neal Kravitz said there is relevance and the prejudicial effect is diminished because the defendant was locked up before the gun was found. Judge Kravitz mentioned the prosecution has the right to show where the gun was found.

The prosecutor was required to blur the image of the child in handcuffs during the video at Judge Kravitz’s orders and Tulley’s request.

Judge Kravitz said there is no evidence McClam asked the witness to put the gun in the residence it was found and he didn’t see the connection of how there was an unfair risk to McClam since the bullet retrieved corroborates the witness’s testimony.

However, Judge Kravitz encouraged the prosecutor to think again about showing the video of the child being searched by police. He denied both motions filed by the defense and allowed the videos to be used as evidence for the prosecution during the trial resuming on Dec. 6.

Document: Homicide in Southeast, DC

Metropolitan Police Department (MPD) detectives are investigating a homicide that happened on Dec. 4.

According to a press release, at approximately 1:11 a.m., officers responded to the 4400 block of Falls Terrace, SE, for the report of a shooting. There, they found 40-year-old Willie Spain, Jr. suffering from multiple gunshot wounds. He was pronounced dead on scene.

Document: Multiple Arrests Made in Homicides

Metropolitan Police Department (MPD) detectives have made three arrests in relation to three different homicides.

Around 11:30 p.m. on July 19, police found 37-year-old Rayfone Gassaway unconscious and suffering from gunshot wounds on the 3400 block of Stanton Road, SE. Emergency Medical Services determined that the victim showed no signs of life.

At approximately 4:58 p.m. on Nov. 5, officers arrived at the 3500 block of Minnesota Avenue, SE, due to a report of a shooting. Upon arrival, officers located 26-year-old Anthony Depetris with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

On Dec. 3, officers arrested 24-year-old Georgio Hyles and charged him with first-degree murder while armed, according to the press release.

On Dec. 2 officers arrested 19-year-old Earl Isaac, III and charged him with second-degree murder while armed in relation to the homicide, according to the press release.

At approximately 11:27 a.m. on Dec. 3. officers responded to the Unit block of Elmira Street, SW, due to a burglary. Upon arrival, officers located 71-year-old Sylvia Matthews with trauma and transported her to a local hospital. On Dec. 4 she succumbed to her injuries, according to the press release.

On Dec. 3, officers arrested 66-year-old Michael Garrett and charged him with assault with intent to kill, according to the press release.

Judge Cancels Trial After Man Pleaded Guilty to 2018 Fatal Shooting

A homicide defendant who had been previously set to go to trial in late March chose to take a plea deal instead.

Marcus Whitaker was charged with second-degree murder while armed in the shooting of David Hart on July 28, 2018.

Last August, DC Superior Court Judge Danya Dayson set aside March 31 through April 18 for the 31-year-old defendant’s trial. But on Dec. 1, Whitaker accepted an offer from the prosecution to plead down to one count of voluntary manslaughter while armed.

According to court documents, the plea deal includes an agreement between parties that a 12-year prison sentence would be appropriate for this case.

The prosecutor also dropped his charges of unlawful posession of a firearm with a prior conviction and posession of a firearm during a crime of violence.

Hart was 22-years-old when he was shot multiple times on the 4300 block of 4th Street, SE. Three days later, police identified Whitaker as their suspect. He was not apprehended until May 8, 2019.

Judge Milton Lee cancelled the upcoming trial dates and scheduled Whitaker to be sentenced on Feb. 11.

Document: Suspect Arrested for Second-Degree Murder

Jermaine Washington, a 37-year-old resident of Northwest, DC, has been arrested for second-degree murder while armed in connection with an October homicide.

According to a Metropolitan Police Department (MPD) press release, during the early hours of Oct. 26, officers found 40-year-old Keon Bonner suffering from apparent stab wounds in an alley on the 1500 block of Ogden Street, NW. He was pronounced dead on scene.

Washington was arrested on Dec. 2.

Judge Denies Emergency Release Motion for Man Charged in Two Homicides

A DC Superior Court judge denied an emergency motion for a murder defendant’s release due to what the defense calls “unsanitary, unsafe and unconstitutional conditions” at DC Jail.

Rasheed Young, 43, is charged with murder in two cases, both of which he picked up in December 2020.

One case involves the fatal shooting of 26-year-old Cedric Rogers on the 300 block of Franklin Street, NE, on June 11, 1996. Young is charged with first-degree murder in relation to this homicide.

The second case involves the death of 39-year-old Ronald William Richardson, who was shot on the 2300 block of 4th Street, NE, on May 20, 2018. Young is charged with second-degree murder in relation to this homicide.

Defense attorney Elizabeth Weller filed the emergency release motion in November. In it, she cites a memo from the U.S. Marshals Service regarding an unannounced inspection of the jail. Acting U.S. Marshal for the District of Columbia Lamont Ruffin has forwarded the inspection results to the Department of Justice’s Civil Rights Division for review of potential violations of the Civil Rights of Institutionalized Persons Act.

During the Dec. 1 hearing, Weller said her client said there is no running water on his floor of the jail. Judge Marisa Demeo still denied the motion, saying her office will need to get in contact with the jail again before a decision can be made.

Wellers also requested a mental observation hearing to reassess Young’s competence to stand trial. According to Wellers, a full year in confinement has had a drastic impact on Young’s mental and physical health. Judge Demeo agreed to this request..

The mental observation hearing is set for Dec. 13.

Prosecution Awaiting Protective Order in Sex Abuse Case

A sex abuse case is developing as the prosecution waits to give the defense discovery evidence.

The 51-year-old defendant is charged with two counts of second-degree child sex abuse for for allegedly abusing his goddaughter and her sister.

The prosecution said they have already provided additional discovery evidence to the defense and are prepared to provide more after securing a protective order.

Defense attorney Aubrey Dillon stood in for the defendant’s attorney Rachel Cicurel. Parties are involved in plea negotiations. They asked Judge Neal Kravitz to continue the Dec. 1 hearing. Judge Kravitz scheduled parties to reconvene on Jan. 24.

The defendant is currently on release. A Pretrial Services Agency officer said during the hearing that the defendant has been compliant with his release conditions.

Judge Schedules Trial for Murder Case Involving Woman’s Disappearance in 2010

A DC Superior Court judge scheduled a trial for a murder case in which the victim has yet to be found.

Isaac Moye is charged with second-degree murder in the death of 24-year-old Unique Harris. According to court documents, Harris’ children reported her missing one morning when they realized she was not in her home on the 2400 block of Hartford Street, SE, but her car was still in the driveway. Moye, 44, was on GPS tracking at the time due to another case. Tracking records indicate that he arrived at Harris’ home around 10:40 p.m. on Oct. 9, 2010, and left around 7:20 a.m. the following day.

Harris 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.

Judge Neal Kravitz asked if the parties could pick an earlier date due to defense attorney Jason Tulley asserting Moyes right to a speedy trial during the Dec. 1 hearing. Both parties were unable to find time in their schedules until conflicts and the start date was set for May 22, 2023.

Judge Kravitz also acknowledged defense attorney Jason Tulley’s motion for release following the recent U.S. Marshal Service’s report on the jail conditions but said he will address the issue at another date when he is able to further review the motion.

The prosecution expects to have DNA results by Feb. 16. A status hearing to discuss these results is set for March 9.

Sex Abuse Defendant Requests New Attorney

A sex abuse defendant requested a new attorney.

The defendant is charged with first-degree sex abuse while armed for allegedly forcing himself into a woman’s car on the 3200 block of Buena Vista Terrace, SE, and sexually assaulting her. The assault allegedly took place on March 20, 2018.

The defendant asked for a new lawyer during the Dec. 1 hearing. His current attorney, John Iweanoge, motioned to withdraw on Nov. 29.

Iweanoge, the defendant and DC Superior Court Judge Neal Kravitz conferred outside of open court. Afterward, Judge Kravitz scheduled the proceedings to pick back up on Dec. 22.

Document: Suspect Arrested in Connection With Fatal Stabbing

A suspect was arrested in connection with a homicide that happened on Oct. 9, according to a Metropolitan Police Department press release.

At approximately 8:00 a.m., police responded to the 4200 block of Kansas Avenue, NW, due to a report of an unconscious person. There, they found 32-year-old Michael Stroops suffering from stab wounds. He was pronounced dead on scene.

Kenneth Davis, 52, was arrested for first-degree murder while armed on Dec. 1.

Document: Fatal Stabbing in Northwest, DC

Metropolitan Police Department detectives are investigating a homicide that occurred on Nov. 30.

According to a press release, at approximately 11:01 p.m., officers found a man on the 1200 Block of U Street, NW, suffering from multiple stab wounds. He was pronounced dead at a local hospital. His identity is being withheld pending next of kin notification.

Judge Denies Murder Defendant’s Release Request, Sets Status Hearing

A DC Superior Court judge scheduled a status hearing for a murder defendant after denying his release request.

Brandon Randall is charged with first-degree murder while armed for allegedly shooting 30-year-old David Brandon on Feb. 24, 2019, on the 4000 block of Georgia Avenue, NW.

Randall, 34, is also charged with unlawful possession of a firearm, assault with intent to kill while armed and possession of a firearm during a crime of violence in this case.

Defense attorney Anthony Mathews asked Judge Milton Lee to release his client into home confinement since he has been detained since July 2019. Mathew argued that over two years of being held at DC Jail without a trial violates Randall’s speedy trial rights. Judge Lee denied the motion because he found significant probable cause during the preliminary hearing, which serves to determine if the case has enough evidence to go to trial.

Mathews also requested two weeks to receive and review paperwork.

Parties are set to reconvene on Dec. 16 for a status hearing.

Prosecution and Defense Call Witnesses in Murder Trial

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

Both the prosecution and defense called witnesses to testify in the continuation of Daniel Parker’s murder trial on Nov. 30.

Dewayne Shorter, 33, is charged with first-degree murder for allegedly shooting 38-year-old Daniel Parker on July 26, 2017, on the 2000 block of Fairlawn Avenue, SE.

The prosecution called two witnesses: a Metropolitan Police Department detective and a member of Parker’s family. Both testified about a conversation between two people at the crime scene.

The detective testified to seeing the two step aside from a group of people and have a conversation. Body Worn Camera footage showed the interaction. In it, the two individuals can be seen standing by themselves.

The victim’s family member testified that she had spoken to one of the individuals who was seen conversing and they told her that the other person had asked her to give the police an inaccurate description of the suspect. The victim’s family member also testified that she had spoken to both individuals days after the shooting and that both, separately, had told her that Shorter was the shooter.

Defense attorney Jon Norris questioned the legitimacy of these claims, since the witness had not seen anything herself but was simply relaying what she had heard from other individuals.

The defense then called a neighbor who had seen someone leaving the area of the shooting to the witness stand.

The witness testified that he had heard gunshots and then peaked out of his front door. He saw an individual who did not look like Shorter holding a long firearm. This witness testified that he knew Shorter and would have known if the person he saw was him.

In their cross examination, the prosecution asked why the witness never went to the police with this information. The witness said that he has lived in Southeast DC his entire life and has been conditioned not to call the police.

The defense then called another witness. This witness was stopped by police on the night of the shooting. Officers told him he was stopped because he matched the description of an individual involved in a shooting.

Judge Marisa Demeo requested the witness to continue his testimony when the trial resumes on Dec. 1.

Prosecutor Gets One More Week to File Indictment in Murder Case

A DC Superior Court judge gave a prosecutor one more week to indict a murder defendant.

Terrell Poe, 34, is charged with first-degree murder while armed for his alleged role in the shooting of 30-year-old Christopher Washington on Sept. 23, 2020, on the 400 block of Southern Avenue, SE.

During the Nov. 30 hearing, the prosecutor requested more time to file indictment charges. Judge Milton Lee granted them a week to get it done.

Madalyn Harvey, Poe’s attorney, indicated that she still needs evidentiary materials. The prosecutor said they do not know when it will all be available at this time.

Poe is scheduled to return to court on Jan. 7 for a felony status conference.

Prosecutor in Murder Case Says They Expect Indictment Soon

A prosecutor in a murder case said on Nov. 30 that they expect to indict the defendant soon.

Devonte Brothers is charged with first-degree murder while armed in the shooting of 30-year-old Arkeem Jackson on June 16, 2019, on the 4300 block of 4th Street, SE. During this shooting, four other victims were non-fatally wounded by the gunfire.

Brothers, 26, is also charged with first-degree murder while armed in the shooting of 27-year-old Deron Leake on Oct. 17, 2019, on the 4200 block of 6th Street, SE.

The prosecution said they should have all indictment charges filed by the next hearing on Feb. 25.

Judge Milton Lee asked parties to turn over discovery evidence by the time the indictment process is finished.

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