Judge Holds Two Homicide Defendants During Presentments

A DC Superior Court judge held two homicide defendants during presentments on July 27.

In total, 32 cases were presented before the court.

Dalonte Harrison, 28, is charged with first-degree murder while armed in the shooting of 18-year-old Ja’Vontay Brown on the 3400 block of 13th Place, SE, on June 30, 2019.

Defense attorney Kevann Gardner said that the prosecution did not establish probable cause for his client to be held. Gardner said no evidence has been admitted since 2019, and the only evidence police have is witness testimony. In addition, the witness said that he did not see who shot Brown, but still said it was Harrison, Gardner said. However, Judge Judith Pipe ruled that probable cause was established and held Harrison.

Treavon Johnson, 23, is charged with second-degree murder while armed in the shooting of 35-year-old John Edmonds on the 600 block of Jefferson Street, NW, on July 26. The defense said that there was “ample evidence” that Johnson acted in defense of himself and his family.

According to witness statements, Edmonds approached all of them in her parked vehicle. According to the prosecution, as he came towards them, he allegedly shouted “B**** give me my daughter… B**** I’m going to kill you.” Edmonds was also clutching his pants, and Johnson’s girlfriend thought he might have a gun. At this time, Johnson fired three shots at Edmonds from the passenger side of the vehicle. When Edmonds attempted to flee, Johnson fired eight more shots, according to the prosecution.

Johnson’s girlfriend said that he was using a registered firearm, according to Judge Pipe.

Judge Pipe decided to hold Edmonds based on the allegation that he fired eight more shots after Edmonds had attempted to flee, saying this would not indicate that Johnson solely acted in self-defense.

Both held defendants are scheduled to return to court on Aug. 18.

Seven domestic violence defendants were released. Their charges include simple assault, attempted threats to do bodily harm and possession of unregistered firearm/unlawful possession of a firearm or destructive device.

Judge Pipe issued a no HATS (Harass, Assault, Threaten or Stalk) order for one of the released defendants and stay-away orders for four others. Two released defendants are scheduled to return to court on Aug. 10, and the rest are scheduled to return to court on Nov. 9.

Prelim for Murder Case Extends To Third Day

A DC Superior Court judge continued the second day of a preliminary hearing in a murder case after the defense said they did not receive evidence that the prosecution should have given them.

Kirk Spencer, 26, is charged with first-degree murder while armed for allegedly shooting 49-year-old Marcus Covington on Feb. 23 at the Anacostia Metro Station on the 1100 block of Howard Road, SE.

On July 26, the prosecution showed video footage from the metro station. The footage shows a man shooting another man multiple times in the head with a pistol. A Metropolitan Police Department (MPD) detective identified the shooter as Spencer.

Defense attorney Jacqueline Cadman asked the detective if there was any forensic evidence connecting Spencer to the crime. He said there was none. The shell casings had no DNA and there were no fingerprints matching the defendant at the station, he said.

The defense also said that the metro footage did not show Spencer’s face and there are no visible attributes to identify him with certainty.

During their direct examination of the detective, the prosecution brought forth evidence that the defense said they did not receive. On July 27, when Cadman asked the detective about documents and files he obtained throughout his investigation, he referred to pieces of evidence that the defense said they never got.

The defense argued that not receiving this specific evidence was unlawful under the Jencks Act, which says the prosecution is required to hand over reports made from government witnesses.

Judge Michael Ryan agreed with the defense. He said this hearing is “no longer in any way appropriate” and continued it to the next day. He told the prosecution they “will have until midnight tonight to find every communication this detective has made.”

Crime Alerts: July 27-28

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on July 27 and 9:00 p.m. on July 28.

A crime alert was sent out at 11:51 p.m. at the 5000 block of H Street, SE. Police identified a white BMW at the scene.

Trial Review: Jury Convicts Two Men of Murder in First Homicide Trial of 2021

The first homicide trial to come to the DC Superior Court in more than one year ended with a jury convicting two men of murder in connection with a 2017 shooting.

Christopher Heard was 37-years-old when he was shot on April 27, 2017, on the 2300 block of Ainger Place, SE. On July 26, a jury found 35-year-old Nyekemia Everett guilty of first-degree murder while armed, conspiracy, attempted robbery while armed, possession of a firearm during a crime of violence, fleeing a law enforcement officer and four counts of obstruction of justice. His 41-year-old co-defendant, Malik Hewitt, was found guilty of felony murder while armed, conspiracy and attempted robbery while armed. Hewitt was also found not guilty of possessing a firearm during a crime of violence and first-degree murder while armed. Everett was found not guilty of two counts of obstruction of justice.

Heard was, as the prosecution called him, “down on his luck” when he was killed. He had recently gotten out of jail and didn’t have anywhere to stay. A friend agreed to let him live with her. During the trial, she testified that she knew Heard was selling the drug PCP to make money but did not allow him to sell or smoke it in her home.

“It’s because of that drug trade that he was targeted by the defendants,” said the prosecution, who argued that Everett and Hewitt plotted to rob Heard.

Another witness, who said she was with the defendants before, during and after the homicide, testified that Everett told her and Hewitt he needed money, and Hewitt said Heard supposedly had a lot of money from selling PCP. She said the defendants told her to ask Heard if he had PCP, explaining that, since she is a woman, his guard wouldn’t be as high when selling drugs to her.

When the prosecution played surveillance footage from the early hours of April 27, a black car was seen arriving at the housing complex where Heard was staying. A man and a woman could be seen getting out of the car. During the trial, the witness identified herself as the woman and Everett as the man.

This witness confirmed that she was receiving a deal for a lesser sentence for her testimony. She said she could have been charged with felony murder, but took a plea deal that capped her potential sentence at 15 years for robbery and conspiracy. However, she said she is hoping to receive a probation-only sentence for her testimony.

The defense cast doubt on her telling of the events during the trial.

“The only evidence that Mr. Hewitt was involved in any robbery comes from [this witness], and it will become clear to you that she cannot be trusted,” Hewitt’s lawyer, Nikki Lotze, said during opening arguments.

In Everett’s lawyer, Michael Madden’s, opening statement, he said that on the day Heard died, he was high on PCP and attempting to rob the witness.

Footage played during the trial showing the witness telling police the incident wasn’t meant to be a robbery, but rather, that she called Heard because she wanted to try PCP. During the trial, the witness said this was a lie meant to protect herself and Everett. But Madden argued that she changed her story for “self-preservation” after the detective suggested she was potentially liable.

Lotze played video footage of a detective saying she was “going to be f***ed” if she lied. But the witness denied that the detective intimidated her into lying.

“He wanted to convey the point that I better tell the truth,” she said.

The jury began deliberations on Thursday, July 22. The following Monday afternoon they delivered their verdict.

The verdict comes after a suspension of jury trials in the DC Superior Court due to the COVID-19 pandemic that lasted more than one year. Everett and Hewitt went before a jury last year and the trial proceeded until closing arguments. But in August, a judge declared a mistrial due to the pandemic.

The two are scheduled to be sentenced on Oct. 14.

Sex Abuse Defendant Wishes to Change Attorneys

A DC Superior Court judge continued a July 27 hearing after defense counsel said the defendant is unhappy with the current status of the plea offer and wants to change attorneys.

The defendant is charged with first-degree sexual abuse in a domestic violence case. He picked up the case in October 2019.

The defendant is currently being held at DC Jail. He has a $500 cash bond in this case, but is being held without bond in another case in which he is indicted on 20 counts, with charges including armed robbery and armed kidnapping.

Judge Juliet McKenna scheduled a hearing for Aug. 16 to address the matters with counsel and the plea offer.

Judge Schedules Trial for Sex Abuse Defendant

A DC Superior Court judge scheduled a defendant charged with first-degree sexual abuse to go before a jury in January 2022.

The 52-year-old defendant is accused of sexually abusing a victim while armed with a knife in March.

During the July 26 felony status conference, Judge Juliet McKenna set aside Jan. 12 through 27, 2022, for the trial.

Judge McKenna also scheduled an Aug. 26 hearing for the defendant’s bond review motion and a trial readiness hearing for Sept. 17.

Brennan Fiske wrote this article.

Judge Holds Murder Defendant During Presentments

A DC Superior Court judge held a homicide defendant and released ten domestic violence defendants during presentments on July 26.

A total of 46 cases were presented before the court.

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. He was held without bond and will return to court on Aug. 16.

Judge Judith Pipe released all ten defendants charged in domestic violence cases. Their charges include simple assault, unlawful entry, violating a civil protection order, threatening to injure or kidnap a person, threats to do bodily harm and destruction of property. Stay away orders were issued for all ten defendants. Two were put on GPS monitoring.

They are all scheduled to return to court on Nov. 8.

Crime Alerts: July 26-27

The Metropolitan Police Department sent out one crime alert between 9:00 p.m. on July 26 and 9:00 a.m. on July 27.

An alert was sent out at 2:30 a.m. due to a robbery at the 5000 block of H Street, NE. Police identified the suspects as three black Males.

Document: Homicide on the 1400 Block of V Street, NW

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on July 21.

At about 12:40 p.m. officers responded to the 1400 block of V Street, NW, due to sounds of gunshots. Police located Kewionne Wilson with gunshot wounds and transported them to a local hospital. On July 26, Wilson, 28, succumbed to their injuries, according to the press release.

Document: Arrest Made in 2019 Homicide

Metropolitan Police Department (MPD) Detectives have made an arrest in relation to a 2019 homicide.

At about 6:58 p.m. on June 30, 2019, officers responded to the 3400 block of 13th Place, SE, due to a report of a shooting. Ja’Vontay Brown was found with gunshot wounds and transferred to a local hospital. Brown, 18, later succumbed to his injuries, according to the press release.

On July 26, police arrested 28-year-old Dalonte Harrison and charged him with first-degree murder while armed, according to the press release.

Document: Homicide on the 2200 Block of 4th Street, NE

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on July 23.

At approximately 9:42 p.m. officers responded to the 2200 block of 4^th Street, NE, due to a report of a shooting. Police found 47-year-old Louis Musgrove Jr. with gunshot wounds and transferred him to a local hospital. On July 25, Musgrove succumbed to his injuries, according to the press release.

Document: Arrest Made in Homicide

Metropolitan Police Department (MPD) detectives have made an arrest in relation to a homicide that occurred on July 26.

At approximately 3:58 p.m. officers responded to the 600 block of Jefferson Street, NW, due to sounds of gunshots. Police found John Edmonds with gunshot wounds and transferred him to a hospital. Later on, Edmonds, 35, succumbed to his injuries, according to the press release.

On July 26 police arrested 23-year-old Treavon Johnson and charged him with second-degree murder while armed, according to the press release.

Jury Finds Defendants Guilty of Murder

A jury found two co-defendants guilty of murder in the first homicide trial to come to the DC Superior Court in more than one year.

Nyekemia Everett, 35, and Malik Hewitt, 41, were charged in connection with the fatal shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE, on April 27, 2017.

The jury found Everett guilty of first-degree murder while armed, conspiracy, attempted robbery while armed, possession of a firearm during a crime of violence, fleeing a law enforcement officer and four counts of obstruction of justice. He was found not guilty of two counts of obstructions of justice.

Hewitt was found guilty of felony murder while armed, conspiracy and attempted robbery while armed. He was found not guilty of possessing a firearm during a crime of violence and first-degree murder while armed.

During the trial, the prosecution alleged that the two defendants plotted to rob and kill Heard, who was selling the drug PCP to make money after having recently been released from jail. They alleged that Everett shot Heard, while Hewitt acted as the getaway driver.

The verdict comes after a suspension of jury trials due to the COVID-19 pandemic that lasted more than one year. Former Chief Judge Robert E. Morin suspended jury trials in March. Chief Judge Anita Josey-Herring authorized them to resume in April, with safety precautions in place, D.C. Witness previously reported.

Judge Neal Kravitz scheduled the defendants to be sentenced on Oct. 14.

Judge Gives Defense Attorney in Murder Case More Time to Speak With Client

A DC Superior Court judge continued a June 26 felony status conference for a murder case.

Herbert Smallwood, 41, is charged with first-degree murder while armed for allegedly stabbing 46-year-old Joseph Ogunjodu in his car on the 1600 block of 17th Place, SE, on June 30.

Defense attorney Anthony Mathews asked for more time to speak with his client before scheduling a preliminary hearing, which will ultimately determine if his case has enough evidence to go to trial.

Judge Milton Lee scheduled another felony status conference for Aug. 25.

Reopened Murder Case Moves Closer to Trial

A defendant in a reopened murder case may have dates for his new trial scheduled when parties reconvene in October.

In 2014, a jury found Arik Sims guilty of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction and misdemeanor carrying a pistol in connection with the shooting 29-year-old Lamar Fonville on Sept. 20, 2012, on the 4700 block of Georgia Avenue, NW. He was sentenced to serve 40 years in prison.

In September 2019, Appellate Judge Catherine Easterly ruled that the case should be reopened after the defense said two hearsay statements were introduced into the 2014 trial without the witnesses being present to testify to the facts of the statements at the trial, D.C. Witness previously reported.

During the July 26 hearing, Judge Juliet McKenna scheduled an Oct. 26 status hearing for the 33-year-old defendant, at which time they may schedule a trial date.

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