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Judge Sentences Child Sex Abuse Convict to 12 Years in Prison


A DC Superior Court judge imposed a 12-year sentence for a defendant who pleaded guilty to three counts of second-degree child sex abuse.

Ellisante Ewing was charged with first-degree child sex abuse in November 2019 for a series of rapes in 2018 and 2019 involving two victims less than 11-years-old. The following February, Ewing made a deal with prosecutors and pleaded guilty to three counts of second-degree child sex abuse.

During an interview with children’s advocates, one victim reported Ewing would wake her up as she was sleeping, bring her up to his bedroom, put her on her knees and force her to give him oral sex while blindfolded. The victim reported she was seven-years-old when the abuse began. The other victim was 10-years-old.

According to court documents, the most recent assault occurred on the night of Nov. 19, 2019, into the following morning, when a witness walked in on the abuse at around 3 a.m. The victim was eight years old, and the defendant was 29 years old at the time. The witness also told police that she would see the victim leave the defendant’s room while covering her mouth.

“I don’t want this man to ever see the light of the day, I’m still internally hurt,” said the mother of the younger victim Dec. 17 during an impact statement. “We are raising tough Black girls. We are trying to break these generational curses where men think they can come into our homes, touch our girls and think they can get away with it.” 

An uncle of the older victim also gave a statement directed at the defendant.

“This crime you committed, messing with these children, is a serious thing,” he said. “It’s going on all over the world. People in high places doing stuff, messing with kids. It’s not a joke.” 

Defense lawyer Roderick Thompson preempted his statement by offering his sympathies to the victims’ families, explaining how he understands how much work it will take the victims to overcome their trauma.

“I read a report, 28 percent of adult women have suffered child sexual abuse and I’m here to tell you my family falls in that 28 percent…I know it’s a lifetime of work,” Thompson said.

Erwing himself apologized to the victims when given the opportunity to speak. 

“I truly apologize for the pain and suffering terminal grief I have caused the victims and their families,” Ewing said. “I’m sure I’ll dedicate myself to make myself better not only for myself or the things I’ve done but for my own kids.”

Thompson also told a story of the abuse the defendant suffered as a young child living in a trailer in North Carolina. “Mr. Ewing’s childhood trauma has informed every aspect of his life,” he said.

Ewing’s mother would do drugs and have sex in front of the children with various boyfriends. One of them,—who was described as smelling of “Newports, malt liquor and rage”—was to be avoided at all costs and would commit beatings and sexual abuse as a form of punishment, Thomspon said. 

Once when five-year-old Ewing and a sibling came home from school one day with letters from school that said they got in trouble, it lead to both of them being sexually assaulted by one of their mother’s boyfriends.

Thompson also noted that his client did not own child pornography.

“Mr. Ewing is likely to be ultimately a healthier person if he’s able to get treatment on the outside sooner than if he has to rely on treatment on the inside,” Judge Neal Kravitz, who presided over the trial, said. “That’s an unfortunate reality of our prison system.”

Thompson requested the minimum sentence and a period of probation up to the judge’s discretion. “It’s not lost on anyone the psychological and emotional cost that the victims and families have undergone,” he said. “It’s profound and in looking at treatment as a way to kind of heal for everyone. Treatment services exist not to help Mr. Ewing rehabilitate but also the victims’ recovery.” 

Thompson stressed the importance of arriving between a “balance of what Mr. Ewing has done and what he can be,” expressing confidence in the Court Services and Offender Supervision Agency’s (CSOSA) post-conviction resources.

“Ultimately, for me in balancing these different interests, the protection of the community in the relative short-term—community meaning other young children Mr. Ewing could come in contact with and their families—has to be given the greatest weight,” Judge Kravitz said. “What has happened to [the victims] in my view cannot be allowed to happen to another child. While it may not be Mr. Ewing’s fault that he has the challenges he has, he nonetheless has them. I just think a significant prison term is necessary to protect the community.”

The prosecutor requested the maximum sentence, which is 14 years in prison. 

“This was not a one-time incident. I read Mr. Ewing’s letter he submitted with his sentencing memorandum. He seems remorseful but he said he regrets ‘that fateful day’,” the prosecutor said. “Was it the day he was caught or the months he was abusing those girls?”

“This is something [the victims are] going to have to live with forever,” the prosecutor continued.

Judge Kravitz handed down a sentence of 36 months for the first two counts of second-degree child sex abuse and 72 months for the third count, all of which will run consecutively. The 12-year prison sentence will be followed by 25 years of supervised release. 

Ewing must also register as a sex offender for the rest of his life.

In addition, Judge Kravitz required consistent psychosexual evaluations, substance abuse treatment and vocational training while Ewing is in prison. When he gets out, he will be required to stay away from and have no contact with the victims and will not be permitted to come in unsupervised contact with children less than 14-years-old.

“For me, it’s less about punishment and more about protecting others,” Kravitz said. “This is ultimately why it’s hard for me because I wish there were a better and more humane way to keep Mr. Ewing separate from the rest of us. I truly wish there was. Unfortunately, that’s not something I have any control over, and it’s not really available.”

Document: Dec. 29 Homicide

Metropolitan Police Department detectives are investigating the fatal shooting of a man on Dec. 29.

At approximately 3:21 p.m. that day, officers responded to the 2500 block of Elvans Road, SE, for the report of a shooting, according to a press release. They found 25-year-old Malcolm Turner in the hallway of an apartment building suffering from gunshot wounds. He was pronounced dead on scene.

Document: Suspect Arrested in 2018 Homicide

A suspect has been arrested in reference to a homicide that occurred in 2018.

At approximately 12:13 a.m. on Sept. 30, 2018, Metropolitan Police Department officers responded to the 1500 block of Benning Road, NE, for the report of sounds of gunshots, according to a press release. There, they found 27-year-old Wilbert Brooks suffering from multiple gunshot wounds. He was pronounced dead on scene.

On Dec. 19, 27-year-old Rashad Hood III was arrested for first-degree murder while armed.

Document: Fatal Stabbing in Northwest, DC

Metropolitan Police Department detectives are investigating a homicide that occurred during the early hours of Dec. 29.

At approximately 2:39 a.m., officers responded to the 1900 block of 7th Street, NW, for the report of a stabbing, according to a press release. There, they found 36-year-old Musse Belete suffering from an apparent stab wound. He was pronounced dead at a local hospital.

Document: Suspect Arrested for Murder

A suspect has been arrested in reference to a Sept. 10 homicide.

At approximately 9:41 p.m., police responded to the 100 block of Kennedy Street, NW, due to sounds of gunshots. Officers located 31-year-old Delonte Hazel inside a vehicle suffering from gunshot wounds. He was taken to a local hospital where he later succumbed to his injuries, according to a press release.

On Dec. 28, 44-year-old Kelvin Singletary was arrested for first-degree murder while armed.

Document: Dec. 27 Homicide

Metropolitan Police Department (MPD) detectives are investigating the fatal shooting of a 19-year-old on Dec. 27.

At approximately 8:51 p.m., officers responded to the 2400 block of Alabama Avenue, SE, for the report of a shooting, according to a press release. There, they found Kevin Mayberry suffering from gunshot wounds. He was pronounced dead on scene.

Document: Man Arrested in Oct. 31 Homicide

A suspect has been arrested in reference to an Oct. 31 homicide.

At approximately 4:17 p.m. that day, Metropolitan Police Department officers responded to the 2300 block of Green Street, SE, due to a report of a smell of smoke, according to a press release. There, officers located a fire within an apartment. After extinguishing the fire, officers located 32-year-old Cynthia Barringer with thermal injuries and pronounced her dead on scene.

On Nov. 1 due to an autopsy, the cause of death was ruled a gunshot wound and the manner of death a homicide, according to the press release.

Karon Brown, 30, was arrested for second-degree murder while armed on Dec. 27. Detectives believe the alleged offense to be domestic in nature.

Document: Homicide on 56th Street, NE

Metropolitan Police Department (MPD) detectives are investigating a fatal shooting that happened on Dec. 24.

At approximately 5:14 p.m., officers responded to the 200 block of 56th Street, NE, for the report of the sound of gunshots, according to a press release.

There, they found 24-year-old Parris Thurman suffering from gunshot wounds. He was pronounced dead on scene.

Document: Fatal Stabbing in Northwest, DC

Metropolitan Police Department detectives are investigating a fatal stabbing that happened on Dec. 24.

At around 11:10 p.m. that day, officers responded to the Unit block of Q Street, NW, for the report of a stabbing, according to a press release. There, they found 43-year-old Dion Thompson-Moore suffering from stab wounds. He was pronounced dead at a local hospital.

Document: Double Homicide in Southeast, DC

Metropolitan Police Department detectives are investigating a double homicide that occurred on Dec. 23.

At approximately 1:21 p.m., officers responded to the 4200 block of 4th Street, SE, for the sound of gunshots, according to a press release. There, they found a man suffering from gunshot wounds. He was pronounced dead on scene.

Officers were notified of two other men being seeking treatment for life-threatening gunshot wounds at a local hospital. One of these men also succumbed to his injuries.

The decedents have been identified as 37-year-old Marcus Thomas and 28-year-old Russell Williams.

Document: Suspect Arrested for Second-Degree Murder

A suspect has been arrested in relation to a homicide that occurred on Sept. 24, 2020.

According to a press release, at approximately 7:39 p.m., Metropolitan Police Department officers responded to the 5200 block of Western Avenue, NW, for the report of a shooting.

There, they found 20-year-old Baltimore resident Tavon Brown suffering from multiple gunshot wounds. He was pronounced dead at a local hospital.

Another victim was found in Montgomery County, Md., and taken to a hospital with a non-life-threatening gunshot wound.

On Dec. 22, 43-year-old Michael Tymas was arrested for second-degree murder while armed.

Document: Suspect Arrested in Relation to October Homicide

Metropolitan Police Department investigators have made an arrest in relation to an Oct. 6 homicide.

At approximately 9:46 pm. police responded to the 400 block of 12th Street, SE, due to sounds of gunshots. Upon arrival, police located 26-year-old Aaron Wiggins with gunshot wounds and pronounced him dead on scene, according to the press release. 

On Dec. 21, officers arrested 18-year-old Antonio Hawley and charged him with first-degree murder while armed in relation to the homicide. Hawley was driving a stolen vehicle at the time of the arrest. Due to this, he was also charged with carjacking and unauthorized use of a vehicle in relation to another incident, according to the press release.

Murder Trial Suspended Right Before Closing Arguments Due to Defendant’s Positive COVID-19 Test

A murder trial was put on hold after the defendant tested positive for COVID-19. The situation unfolded in a few hours on Dec. 21 during what was anticipated to be the last day of the trial.

DC Superior Court Judge Neal Kravitz announced that a Department of Corrections (DOC) officer went to speak to Tony McClam about possibly getting a haircut on the evening of Dec. 20. The defendant has been on trial for first-degree murder while armed in the shooting of 11-year-old Karon Brown since Dec. 6. He informed the officer that he was experiencing chills and was moved, awaiting a COVID test.

Parties learned about this issue just after 9:30 a.m. the next day, as they were preparing for the trial’s possible conclusion before the case was to be handed off to the jury. They discussed what their plans should be going forward as jurors waited in another room.

The court had been in discussions since Dec. 17 about the jury instructions that were to be issued after closing arguments. Jurors had not been in contact with McClam since Dec. 16 because of this, but everyone else including the defense counsel, prosecution, deputy marshals and court personnel had.

Judge Kravitz explained the situation and said McClam’s jail unit is already on COVID quarantine due to a positive test. An entire unit is put on quarantine if one person within it tests positive. As of Dec. 15, 92 pretrial detainees at the DOC were in quarantine, according to government data. Judge Kravitz told parties he had been in touch with multiple people outside of court in light of the situation, including Chief Judge Anita Josey-Herring, the Department of Corrections and the U.S. Marshals Service. He confirmed that he had been recently informed of a detainee who had tested positive that brought to the court from DC Jail as well. D.C. Witness does not know when the detainee tested positive.

DOC attorney advisor Michelle Wilson informed Judge Kravitz just after 11:00 a.m. that McClam had tested positive for COVID-19. Parties began to discuss what steps they should take going forward to continue the trial.

“These are big issues that can have wider impact on what we do in the courthouse,” Judge Kravitz said during the hearing.

Judge Kravitz and the parties wanted to begin closing arguments early January after the holidays but needed to discuss it with jurors because the trial was not expected to last past December. Defense attorney Jason Tulley said he did not want to resume the trial after the new year but understood the greater responsibility the court had due to being exposed to COVID.

“I wish I had been able to talk to him already,” Tulley said shortly before 11:30 a.m., explaining how he had not gotten in touch with McClam yet. The court had also been attempting to contact McClam since the issue first arose that morning.

Judge Kravitz said he received a text message from Wilson amid conversations.

“They moved him before he could get the call, calling new unit now, he read. Wilson was confirming she was attempting to get in contact with McClam. When the text was sent, Tulley had yet to speak with his client.

Judge Kravitz was hesitant to wait long to speak to the jurors since someone they were in contact with less than a week prior had tested positive for COVID. Just after noon, he said he felt he had to tell the jurors something even if Tullley was unable to speak to McClam.

Judge Kravitz returned from a call with the Chief Security Officer for the court just after 12:15 p.m. He was informed that the court has no ability to administer testing to staff or jurors. The officer did suggest that since the jurors were seated across the room from McClam, they wouldn’t be considered in “close contact” with him.

“The jail’s incompetence is torturing the jurors,” Tulley said.

“Our client is sick and they have not done the basics of putting him in touch with us,” he continued. At the time, the court was still attempting to speak to McClam.

Jurors were brought in at 12:45 p.m., where Judge Kravitz broke the news about McClam’s test.

“I just want to thank you for your cooperation and patience throughout the trial,” he told the jurors. Judge Kravitz explained how parties had worked on finalizing jury instructions the entire day before, so they had been unable to continue the trial.

“In light of what happened, we’re going to have to suspend the trial,” Judge Kravitz said.

He told the jurors he understands what it will feel like to go home for the holidays and not be able to tell their families about what they have been doing in jury duty the past few weeks. “Please feel free to blame it on the judge,” he said.

Jurors were brought in individually to tell the court if they have any scheduling conflicts in the first two weeks of January with the expectation that the trial would resume on Jan. 5.

“Unfortunately, this is completely out of everyone’s control and I know we are not the only ones dealing with unanticipated challenges like this,” he said. Judge Kravitz thanked the jurors for their time and dismissed them with the promise that they would hear from the court by the end of the day with further instructions.

Parties broke soon after the jury left but met again at 3:00 p.m. spoke for a short period of time after the jurors left before going to a break. The defense counsel said they had been finally able to speak with McClam and he waived his right to attend the hearing. After some conversation, parties agreed to notify the jurors of a possible Jan. 4 date to resume the trial. Two jurors had initial issues with this start date and will be emailed separately.

The defense counsel has decided to rest their case in this trial. They were initially supposed to present one more witness and more evidence, but have decided against it in light of McClam’s positive test.

Parties Prepare for New Murder Trial Following Successful Appeal

A judge scheduled a murder defendant to go to trial again in January 2023 after the DC Court of Appeals reversed his convictions.

In October 2017, a jury found Stanley Moghalu guilty of 11 charges, including first-degree murder while armed in the death of 27-year-old Ronald Smith and the non-fatal-shooting of another man on Nov. 14, 2011.

The prosecution alleged that an individual took the two victims to 21st and M Street, NE, to buy the drug PCP when Dwayne Williams shot Smith in the head and Moghalu shot the other man several times, according to court documents. 

The shooting was believed to be an act of retaliation against Smith for his role as a government witness in the investigation into Ervin Griffin’s homicide earlier that year. David Warren went on to be convicted of first-degree murder in Griffin’s death, according to a Department of Justice press release.

Williams took a plea deal and was sentenced to 11 years in prison for second-degree murder while armed, assault with a dangerous weapon, obstructing justice and conspiracy obstructing justice. Moghalu was sentenced to 75-and-a-half years.

After appealing, Moghalu was granted a new trial due to the court’s requirement that his counsel disclose their defense strategy of trying to demonstrate that another person commit the alleged crimes – also known as a Third-Party Perpetrator (TPP) defense – to the prosecution ahead of trial.

“We now clarify that the government is not entitled to know of a third party perpetrator defense pretrial, that (per Winfield) the government has no need to know of a third party perpetrator defense pretrial and that it is an error for a trial court to direct pretrial disclosure of a third party perpetrator defense to the government,”  Associate DC Court of Appeals Judge Catharine Easterly wrote in the concurring opinion.

While preparing for the first trial, defense attorney Jonathan Zucker informed the judge outside of open court that he intends to “elicit TPP evidence” from a cooperating witness for the prosecution in this case, according to court documents. After reviewing the DC case United States v. Winfield, which asserts that counsel may admit evidence that a third person committed the crime at trial if “facts or circumstances tend to indicate a ‘reasonable possibility that such person committed charged offense,” the judge decided that the prosecution should have a say on if the TPP defense should be allowed.

While the Winfield case notes that questions about the admissibility of TPP evidence “should normally be resolved as a preliminary matter before trial,” the Court of Appeals maintained that the case did not mandate the defense strategy be disclosed to the prosecution. The court also cited the U.S. Supreme Court case United States v. Bowman, which precludes the court from ordering the disclosure of any affirmative defense prior to trial, with a few specific exceptions. 

The decision came last November. Moghalu now awaits transfer from federal prison back to DC Jail. During the Dec. 20 proceedings, defense attorneys Zucker and Thomas Healy said that once their client is back in the District, they plan to speak with him about a potential resolution to the case. 

Still, DC Superior Court Judge Marisa Demeo scheduled the new trial to begin on Jan. 4, 2023, if parties do not reach a plea agreement. 

The next hearing in this case is scheduled for Feb. 8.