Judge Schedules Hearing for Co-Defendants in Murder Case

A DC Superior Court judge continued an Oct. 22 hearing for a murder case after the prosecution said they still have evidence they need to provide to the defense.

Co-defendants Stephon Evans and Kewon Hunter are charged with first-degree murder while armed in connection with the shooting of 21-year-old Dion DeMarco Boyd on July 30, 2018, on the 1400 block of Maryland Avenue, NE.

Both are also charged with conspiracy while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business.

Judge Marisa Demeo scheduled the next hearing for Dec. 12.

Jury Selection Begins for Homicide Case

Oct. 20 marked the first day of jury selection for the second murder trial to come to the DC Superior Court since the suspension of jury trials due to the COVID-19 pandemic ended.

The defendant, 63-year-old Robert Dean Jr., is charged with first-degree murder while armed for allegedly stabbing 38-year-old Tamiya White on March 31, 2018, in the 1000 block of Mount Olivet Road, NE. White died from a stab wound to the side of her neck.

During the Oct. 20 proceedings, jurors were asked questions including if they had been victims or witnesses to a crime relating to domestic violence or homicide, if they have previously served as part of a grand jury and if they have any mental or physical health issues that would make it hard to concentrate during the trial.

A total of 80 jurors appeared during the selection, and 29 jurors were approved. Judge Marisa Demeo said she wanted a total of 40 jurors selected, so jury selection will continue on Oct 22.

Judge Makes Substantial Probability Finding in Murder Case

A DC Superior Court judge ruled that a fatal shooting case has enough evidence to go to trial.

Malachi McFarland, 21, is charged with first-degree murder while armed for allegedly shooting 29-year-old Kerry Odoms on April 15 on the 3300 block of 10th Place, SE.

During the Oct. 22 hearing, Judge Marisa Demeo made a finding of substantial probability.

The prosecution presented surveillance footage showing a group of individuals in a parking lot. Two shooters are seen in the video. The first shooter starts to fire and the group disperses. Odoms is initially shot by the first shooter.

An individual in a red hat is seen running from the scene but then returning and firing eight shots at Odoms.

The prosecution said witnesses identified McFarland as the man in the red hat. They also said that McFarland’s work identification card was found at the crime scene.

Defense attorney Jacqueline Cadman argued that the lack of physical evidence, such as fingerprints or DNA, precludes the prosecution from proving McFarland to be the shooter.

Cadman also argued against the reliability of the Metropolitan Police Department officer who identified McFarland as the second shooter, pointing out that he became the subject of public condemnation last August after a video showed him repeatedly striking a man in the face while he was under arrest.

After making a finding of substantial probability, Judge Demeo scheduled the next hearing for Dec. 17. She also denied Cadman’s request for her client’s release from DC Jail.

Judge Releases Man Charged in Father’s Death

A DC Superior Court judge granted a motion to release a defendant charged in his father’s death.

Stephon Darnell Williams is charged with voluntary manslaughter in the shooting of his 49-year-old father, Stephen Magruder, on Sept. 11, 2020. According to the prosecution, before the shooting, the two reportedly got into an argument over five dollars and there is evidence a physical altercation took place, D.C. Witness previously reported.

The 30-year-old defendant was initially charged with second-degree murder while armed, but during a preliminary hearing in November 2020, Judge Neal Kravitz ruled that the case only has enough evidence to go to trial on the lesser charge of voluntary manslaughter. During that hearing, defense attorney Jason Tulley emphasized Magruder’s longstanding history of violence, which includes 2017 convictions for assault and destruction of property. He also called upon an investigator with the Public Defender Service about her interviews with several relatives, who she said told her that Magruder had a vicious temper and beat his son.

Towards the conclusion of that hearing, Judge Kravitz decided to release the defendant from DC Jail and put him in the High Intensity Supervision Program.

Last August, Williams was arrested on misdemeanor theft and assault charges while on release. According to court documents, he allegedly walked into a Subway restaurant and unplugged the soda machine to plug up a television he was attempting to sell. When someone tried to stop him, Williams allegedly punched him in the face, fled the scene and returned to threaten him. As a result, Williams was re-arrested and sent back to DC Jail.

The following October, Tulley motioned for his client’s release. During the Oct. 21 hearing, Tulley argued that Williams’ loss of housing and addiction-related struggles contributed to the brief period of erratic behavior that got him re-arrested while on pretrial release. Tulley explained Williams has since reflected on his actions and actively engaged with mental health, drug treatment and career training programs. Tulley also laid out several options for where his client could go if released.

Tulley read a letter from the defendant reflecting on his motivation to see his family. In his letter, Williams did not request immediate release but instead asked for Judge Milton Lee to put him in a 28-day federal recovery program which would then transition into home detention at a relative’s house.

“Even though he kept up with [his] pretrial officer in spring and summer, he was in and out of homeless shelters and homes. Mr. Williams would be the first to say his mind wasn’t in the right place,” Tulley said. “Reading this letter isn’t usual when the case is pending but at this point, this is the most important thing to him to get back to his family and convince the judge to stay sober and stay out of trouble.”

“Mr. Williams was out for about a year in this case and it sounds like he didn’t really have it easy during that time because there wasn’t anything firm with the living situation,” Judge Lee said. “So he did have a period of stability that got interrupted.”

The prosecution said the nature of his case, which is currently awaiting indictment, shows Williams to be dangerous. They said one witness claims that Williams shot his father with a gun Williams himself owned while his father had his hands in the air. Parties disagreed on if there was any evidence that Williams brought the gun with him to the house where the shooting took place.

Tulley also emphasized the apparently abusive dynamic between Williams’ father and the rest of the family. Judge Lee agreed with the defense’s point, saying there was a “backdrop” of conflict to this incident due to the “lengthy period of abuse not just by the decedent against Mr. Williams but also members of the family.”

“At least to the extent Mr. Williams is aware of what happens with other family members, he’s aware of what occurs with [his father] in that context, makes his fear more reasonable because of his father’s conduct,” Lee said.

Although the defendant’s misdemeanor case is the subject of the re-release effort, Judge Lee emphasized that it is still his manslaughter case that ultimately controls the decision. He singled out the absence of concrete evidence for who owned the gun as well as the physical altercation that preceded the incident as the controlling factors in his decision.

Judge Lee agreed to do what the Williams requested in his letter, assigning him to 28 days in a drug treatment program before being released his godmother.

The next hearing is set to take place on Dec. 17.

Judge Denies Release Requests for Three Teenage Murder Defendants

A DC Superior Court judge denied defense attorneys’ requests for the release of three teenage murder defendants.

Co-defendants Nelfy Hernandez, 18, Deandre Levy, 18, and Trey Prillerman, 17, are charged with first-degree murder while armed in the shooting of 17-year-old Taijhon Wyatt, Jr. on the 5500 block of 9th Street, NW, on Aug. 10, 2020.

The three are accused of shooting into a crowd of juveniles from inside of a vehicle, D.C. Witness previously reported.

“The types of crimes that I see that make me the most nervous are when young kids commit drive-by shootings into crowds of people,” Judge Neal Kravitz said during the Oct. 21 hearing.

Hernandez’s attorney, Douglas Wood, Levy’s attorneys, Thomas Healy and Jonathan Zucker, and Prillerman’s attorney, Elizabeth Weller, all filed bond review motions.

“The prosecutor is saying [Prillerman] is one of the most dangerous people without any proof,” Weller said during the hearing .

However, Judge Kravitz said that, although Prillerman has no prior convictions, he has been indicted as an adult in Prince George County, Md., in connection with two armed robberies.

Hernandez does have prior convictions, which Judge Kravitz said “shows a level of criminality that is disturbing.”

Judge Kravitz also said that Levy’s several pending cases, which include assault and armed robbery charges, give reason to believe that “no condition of release could protect the community.”

After denying all three release requests, Judge Kravitz scheduled parties to reconvene on Jan. 13.

Judge Releases Child Sex Abuse Defendant

After ruling that his case has enough evidence to go to trial, a DC Superior Court judge released a sex abuse defendant from DC Jail.

The 68-year-old defendant is charged with first-degree child sex abuse for allegedly abusing two young girls: one when she was 10-years-old and another when she was about 14-years-old.

The prosecutor argued against his release, saying there are “multiple counts of allegations over multiple years, with multiple victims.”

However, defense attorney Joseph Wong told Judge Neal Kravitz he “should view these allegations skeptically.”

As conditions of his pretrial release, Judge Kravitz ordered the defendant to stay away from schools, recreation centers and playgrounds. He must also stay away from the victims and is required to wear a GPS monitoring device.

The defendant also rejected a plea deal during the Oct. 21 hearing.

Release Denied for Co-Defendants in Murder Case

A DC Superior Court judge denied release requests from two co-defendants in a homicide case.

Niko Hall, 30, and Kyrie Wells, 19, are charged with first-degree murder while armed in the fatal shooting of 25-year-old Anthony Lee on Sept. 26, 2020, on the 2900 block of Martin Luther King Jr Avenue, SE.

During the Oct. 21 hearing, defense counsel for Hall sought to have him released so he can receive treatment for a physical condition he has.

The prosecution brought a statement from the victim’s mother that said the co-defendants should not be released because they both pose dangers to their communities.

DC Superior Court Judge Danya Dayson denied this motion, saying that no conditions or accommodations could ensure the safety of the community if Hall were released.

However, Judge Dayson said that pretrial conditions may be modified to make sure the defendant receives the proper medical attention.

The court will reconvene on Jan. 14.

Document: October 21 Homicide

Metropolitan Police Department (MPD) detectives are investigating an Oct. 21 homicide.

At approximately 1:22 a.m. officers were nearby the 2200 block of Nicholson Street, SE, when they saw an unconscious female victim with gunshot wounds. The victim, 44-year-old Sharon Robinson, was pronounced dead on scene, according to the press release.

Judge Sets Prelim for Murder Defendant

A DC Superior Court judge scheduled a hearing to determine if the case of a fatal shooting that occurred in June has enough evidence to go to trial.

Aaron Jackson, 28, is charged with the second-degree murder while armed for allegedly stabbing 27-year-old Damohn Gill on June 24 in the 3600 block of 22nd Street, SE.

Judge Marisa Demeo scheduled the preliminary hearing to take place on Nov. 16.

Crime Alerts: October 21-22

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Oct. 21 and 9:00 a.m. on Oct. 22.

A crime alert was sent out at 2:43 due to a robbery investigation on Massachusetts Avenue in Northeast. Police identified the suspect as a Black male wearing black pants.

A crime alert was sent out at 8:01 a.m. due to a stabbing investigation in the 800 block of 18 Street, NE. Police identified the suspect as a 5-foot 7-inch male who was approximately 200 pounds. He was wearing a green work vest and black pants.

Judge to Reconsider Compassionate Release Request for Convicted Murderer, Sex Abuser

A DC Superior Court judge granted a motion to reconsider a compassionate release request from a defendant serving time for a woman’s murder.

Joe Barber Jr. is serving a 20-year-to-life sentence for the murder of Rachel Minor, who was sexually assaulted and stabbed to death on New Year’s Day in 1984. Metropolitan Police Department (MPD) cold case investigators linked Barber to the murder in 2013. At the time, it had been less than a decade since he was released from prison after serving 19 years for attempted robbery as well as the rape of a 10-year-old girl.

Barber was convicted of first-degree murder while armed in 2016. He is now in his sixties and recovering from two recent strokes.

Last March, Judge James Crowell denied a petition for compassionate release made by defense attorney Deborah Persico on the grounds that the defendant had not adequately proven there is at least a 50 percent chance that he is no longer dangerous.

However, during an Oct. 20 hearing, Judge Crowell said he would now consider the defendant’s current health status as an indication of whether Barber is a danger to the community now.

According to new DC legislation, the severity of the crime is no longer relevant for motions for compassionate release.

“The law has changed dramatically in my view as to the statutory factors as well as the defendant’s physical condition, which doesn’t control but certainly informs the dangerousness and non-dangerousness burden the defense must prove,” Judge Crowell said.

Judge Crowell said he had previously applied the decision in U.S. v. Bailey, which dealt with a similar release issue involving a murder defendant with health problems. In that case, the DC Court of Appeals ruled that the defendant’s impairment alone cannot amount to proof that the defendant is no longer dangerous.

However, in her motion and during the hearing, Perisco took issue with citing Bailey’s case as a precedent when discussing release because her client has a much more extreme physical disability.

“Mr. Barber has far more compelling circumstances than Mr. Bailey even had,” Persico said. “Mr. Barber’s disabilities are more significant than those that Mr. Bailey has.”

Barber now lives with physical disabilities due to his strokes. He also has multiple other significant health issues that interfere with his daily activities and ability to do basic tasks for himself such as eating or moving.

“Your Honor said in your August order granting compassionate release that Mr. Bailey’s physical impairments did not alone demonstrate that he was no longer a danger,” Persico said. “In that respect, our position would be that Mr. Barber’s disabilities, given what [a doctor] has said about those disabilities, indicates that that disability alone demonstrates he is no longer a danger.”

The trial lawyer, who prosecuted Bailey in 2015, expressed frustration with the notion that the severity of the crime was no longer relevant in defining the dangerousness of the defendant, and that the only relevant factor is the severity of his current medical condition.

“The court doesn’t have the crystal ball, but that cuts both ways. He may never pose a danger to society again. That’s the risk we run with every defendant that is incarcerated,” she said. “But the problem here is that the risk to that of society is too great. If he chooses never to commit another crime, he’s serving out just punishment for a crime he’s already committed. He’s sick now, he gets to get out—it’s unfair to the victims and the government which has worked very hard to arrest and convict him of his crimes.”

Judge Crowell also raised the issue of jurisdiction because Barber’s case is pending an appeal. During the hearing, he said he would be able to make a ruling on the reconsideration motion in light of the pending appeal.

Judge Crowell granted Persico’s June 4 motion to reconsider the compassionate release request. Parties are waiting on the result of the appeal on Barber’s initial motion for compassionate release to schedule a further hearing.

If released, Barber would stay with his wife in Virginia. The couple was married in 2008 after Barber served time for his first conviction.

Document: October 9 Traffic Fatality

Metropolitan Police Department (MPD) detectives are investigating a traffic incident that occurred on Oct. 9.

At approximately 6:00 a.m. on Oct. 9 on the 1200 block of New York Avenue, NE, a vehicle hit a pedestrian who was on a crosswalk. The vehicle fled and the victim was transported to a local hospital, according to the press release.

On Oct. 20, the victim, 35-year-old Elizabeth Burdette, succumbed to her injuries, according to the press release.

Document: Arrest Made in 2020 Homicide

The Metropolitan Police Department (MPD) has made an arrest in relation to a 2020 homicide.

At approximately 6:58 p.m. on Aug. 9, 2020, police responded to the 2400 block of Franklin Street, NE, due to a report of a shooting. Upon arrival, police located an adult male inside a vehicle with gunshot wounds. He was transported to a local hospital, according to the press release.

On Aug. 16, 2020, the victim, 18-year-old Richard Bangura, succumbed to his injuries. On Oct. 20, 2021, MPD officers arrested a 16-year-old juvenile male and charged him with first-degree murder while armed, according to the press release.

Judge Continues Preliminary Hearing for Murder Defendant

A DC Superior judge continued a hearing to determine if a murder case has enough evidence to go to trial.

Bratrell Hawkins, 28, is charged with second-degree murder while armed in the shooting of 26-year-old Xavier Tate on the 1400 block of 3rd Street, SW, on Jan. 5, 2020.

During the Oct. 19 hearing, Judge Neal Kravitz determined that the prosecution did not violate Brady rules requiring the disclosure of exculpatory material to the defense.

According to court documents, before the shooting, a witness accused Hawkins of sexually abusing her while she slept, but he denied it.

A Metropolitan Police Department detective who interviewed witnesses said that, while one of the witnesses heard gunshots upstairs, they did not see the alleged sexual abuse.

Defense attorney Suen Pierce argued that his client had to act in self-defense to protect himself from others in the house after being accused of sexual assault. The prosecution, however, argued that Hawkins was retaliating against Tate for coming to the defense of the woman who Hawkins allegedly sexually abused.

Judge Kravitz scheduled the proceedings to pick back up on Oct. 25. Hawkins is currently being held at St. Elizabeths Hospital, DC’s psychiatric institution.

Document: Suspect Arrested in Assault with Intent to Commit First-Degree Sexual Abuse Offense

The Metropolitan Police Department (MPD) has made an arrest in relation to an assault with intent to commit first-degree sexual abuse offense on Oct. 4.

At approximately 5:30 p.m. in the 2000 block of G Street, NW, the suspect assaulted the victim with the intent to force the victim to engage in a sexual act. On Oct. 19, MPD officers arrested 27-year-old Omar Williams and charged him with assault with intent to commit first-degree sexual abuse while armed and aggravated assault while armed, according to the press release

As a result of the investigation, Williams is also being charged with second-degree theft, simple assault and burglary for two other unrelated incidents, according to the press release.

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