During initial hearings on May 13, DC Superior Court Judge Shelly Mulkey held two of four domestic violence defendants.
In total, there were 23 defendants presented before the court. Three of these defendants had domestic violence cases.
Judge Mulkey held a defendant who was brought in on a bench warrant for failing to appear at a hearing to discuss his mental health in his pending case. The underlying charge in his case is simple assault.
The defendant’s presence was waived by defense counsel because he was allegedly being combative with the officers at the Central Cell Block (CCB).
Judge Mulkey decided to hold the defendant on the bench warrant and scheduled his next court date for June 10.
The judge held a defendant who was brought in on a bench warrant for violating his probation terms. In the case, the defendant was convicted of simple assault and threats to do bodily harm.
The judge decided to hold the defendant to be brought before the presiding judge on May 18.
The judge released the two remaining domestic violence defendants. One of the defendants was brought in on a bench warrant for failing to appear at his hearing. He was released with a new court date of June 15.
The second defendant is charged with violation of a Civil Protection Order (CPO). She was released with a stay-away order from a person and a location and ordered to return to court on Nov. 18.
Officers from the Metropolitan Police Department arrested May 13 a 34-year-olf suspect believed to be involved in a fatal shooting.
Jean Paul Kearney, 34, a resident of Northeast, DC was arrested and charged with second-degree murder while armed.
Around 9:19 p.m. on April 4, officers found 33 year-old Dontra Harris, a resident of Temple Hills, Md., suffering from multiple gunshot wounds. He died on the scene.
The Metropolitan Police Department (MPD) sent out three crime alerts between 9:00 p.m. on May 13 and 9:00 a.m. on May 14.
The most recent alert was sent at 7:34 a.m. for an armed robbery between D Street and 12th Street, NE. Police are looking for a 50 year-old Black male with a dark complexion, 6 feet in height, wearing black pants, a black jacket, black shoes and a medical mask. He was last seen heading east on Constitution Avenue carrying a tan purse.
An alert was sent at 12:38 a.m. for a shooting investigation on the 1400 block of Perry Place, NW. Police do not have a description of the suspect(s).
Another alert for a shooting was sent at 11:26 p.m. on the 5000 block of C Street, SE. Police are looking for a Black male wearing a green hooded sweatshirt who fled in an unknown direction.
As the DC Superior Court continues to face the COVID-19 pandemic’s impact on operations, many homicide defendants await jury trials from DC Jail, where data shows some of them have been held for more than three and sometimes four years.
Aside from juvenile and reopened cases, 64 of the people who were charged with a homicide offense from the beginning of 2016 to the end of 2018 are pending trial, according to D.C. Witness data. As of April 29, when the data for this story was finalized, 49 of the defendants were being held in jail while they wait for their trials, not including one defendant who is held on other charges.
Sixteen of those 49 defendants have been there more than three years, and four have been there more than four years.
One of those defendants is 31-year-old Clinton Womack. He is charged with first-degree murder while armed in the shooting of 45-year-old Terry Crutchfield on the 1500 block of Olive Street, NE, on Dec. 6, 2016. Womack was arrested two weeks later.
On April 28, a judge scheduled Womack to have his jury trial in July of 2023. By then, he will have been detained for more than six years.
However, the court is reportedly keeping a list of the trials they have scheduled, so, when more courtrooms become available, those trials could potentially be rescheduled for an earlier date.
Chief Judge Anita Josey-Herring authorized them to resume in April, with safety precautions in place. According to the court’s website, there are to be no more than one case for trial each day, and no more than two trials will be scheduled each week. With fewer time slots available, defendants can find themselves having to wait longer to go before a jury.
“We are scheduling first the trials of those who have been detained the longest and are balancing their rights to a fair trial by a jury of their peers with our ability to hold jury trials safely,” Chief Judge Josey-Herring said in a statement to D.C. Witness.
Also among those who have recently had trials scheduled is 31-year-old Antonio Upshaw. He and his 33-year-old co-defendant, Gabriel Brown, are charged with first-degree murder while armed in the shooting of 24-year-old Tyrone Johnson during an alleged robbery gone wrong on March 10, 2017, on the 2300 block of Pennsylvania Avenue, SE.
“Arrested over three years ago for an incident that happened over four years ago,” his attorney, Ronald Resetarits, said in a hearing last March, “I would like to lock in a trial date.”
During that hearing, a judge scheduled the co-defendants to have their trial in November 2022.
However, in some cases,including more recent ones, judges have put off scheduling jury trials in the hopes that there will be more courtroom availability by the time defendants have their next hearing.
Like many homicide defendants who have spent years in pretrial detention, Womack and Upshaw previously had trial dates set for them, but they fell through for various reasons.
“Many defendants had already been in jail awaiting trial when COVID struck, some for longer times than others, and for a range of reasons, including some whose attorneys had requested continuances,” Chief Judge Josey-Herring stated.
The Department of Corrections (DOC) has increased the amount of credit eligible detainees can receive for good time served in response to the COVID-19 Response Emergency Amendment Act of 2020, according to the website. However, this would only be relevant if a defendant was convicted and sentenced.
As of April 29, 14 of the 64 homicide defendants charged from the beginning of 2016 to the end of 2018 have been put on pretrial release. Three of them are released on their promise to return to court with orders to report to the Pretrial Services Agency (PSA). The rest of them are released under the High Intensity Supervision Program (HISP).
Judges can decide whether to hold or release a defendant when they’re first brought before the court for their initial hearing. A person charged with first-degree murder, second-degree murder or assault with intent to kill is treated in accordance with the pretrial release rules outlined in DC Code § 23–1321 unless the judge has reason to believe that “no one or more conditions of release will reasonably assure that the person will not flee or pose a danger to any other person or to the community” (DC Code § 23–1325).
About 73 percent of the detained defendants have jury trials scheduled, compared to 14 percent of the released defendants, as of April 29.
D.C. Witness data also does not include cases undergoing competency proceedings, because a person cannot stand trial if they are incompetent to do so.
“Jury trials are a top priority in the Superior Court and the Criminal Division leaders along with court management and external stakeholders have worked together to move trials forward,” Chief Judge Josey-Herring stated.
Sarah Gebrengus and Andrea Keckley and wrote this article. Alaina Provenza contributed to this article.
A DC Superior Court judge sentenced a defendant to serve five years for an armed robbery that led to a fatal shooting.
On June 12, 2018, Bernard McKinney was involved in a robbery on the 300 block of 50th Street, NE, during which one of the victims, 24-year-old Daymond Chicas, was killed by an unidentified person. According to the prosecution, McKinney had more contact with the surviving victim during the robbery.
“I’m really sorry for what happened,” McKinney said during the May 11 hearing, “I wish I could go back in time and fix the whole situation.”
The defendant was 17 at the time. He was initially charged as an adult with first-degree murder while armed under the felony murder rule and later indicted on a number of firearms and robbery related charges. As part of an agreement with the prosecution, he pleaded guilty to armed robbery in exchange for all other charges being dropped.
Judge Neal Kravitz sentenced McKinney to 72 months, all but 60 of which was suspended, plus three years of probation. He agreed to sentence him under the Youth Rehabilitation Act (YRA), which will effectively seal his case after he completes his requirements.
Judge Kravitz said McKinney’s progress led him to believe the YRA was appropriate.
Defense attorney Pierce Suen said his client used to think he wouldn’t graduate high school, but has now done so and is taking college classes. He asked Judge Kravitz to recommend, to the Bureau of Prisons (BOP), to place him in a facility where some higher education is available to him. The judge agreed to do so.
The prosecutor, however, opposed Suen’s YRA request.
“This is not something new, this is an escalation,” she said, referring to McKinney’s criminal history.
The prosecutor also said the surviving victim told her he watched his friend, Chicas, die – something he will always have to live with.
But Suen said his client understands the consequences of gun violence, given its presence in the community he grew up in.
“He knows precisely what it feels like to watch someone die,” Suen said.
As part of his probation, McKinney must continue his education, complete 90 hours of community service and pay $100 to the Victims of Violent Crime (VVC) compensation fund.
A DC Superior Court judge continued a May 12 hearing for a murder case that is awaiting indictment.
Javon Gunter, 19, is charged with first-degree murder while armed in the shooting of 15-year-old Thomas Johnson on Dec. 9, 2019, on the 1300 block of Half Street, SW. Hunter picked up the charge in January of last year.
The defense rejected the prosecution’s initial plea offer in March. Defense attorney Ronald Resetarits said he isn’t confident the case can be resolved with a plea.
The prosecution is still working on returning an indictment, which needs to be done before parties can go to trial. There are also limits on how many trials can be scheduled a week due to pandemic restrictions.
The judge scheduled the next hearing for Sept. 3. The prosecution was not able to say if an indictment would be filed by then.
A DC Superior Court judge sentenced a former youth facility employee for sexually abusing a minor.
Jamarl Glen, 34, pleaded guilty to second-degree sexual abuse of a minor for a sexual relationship he had with a 16-year-old girl who was living at the youth facility where he worked.
Judge Neal Kravitz sentenced Glen to 18 months, all of which were suspended, plus 18 months of supervised probation. He’ll have to register as a sex offender for 10 years.
Glen apologized to the court, the victim, his family and those who supported him throughout his career during the May 11 hearing.
“Working with youth was a passion of mine. I enjoyed it from the moment I started,” he said. “I just have to put my best foot forward to repair my life.”
Glen is a college graduate who wanted to work with youth for a living. He now works in a warehouse.
Defense attorney Marnitta King said her client accepts that he can no longer have the career he hoped for, and that he takes full responsibility for his actions.
King also pointed out that Glen doesn’t have any prior convictions and was compliant with his pretrial release.
The defendant was initially charged with first-degree sexual abuse of a minor. As part of a plea deal, the prosecution agreed to recommend a probationary sentence.
Judge Kravitz acknowledged that Glen’s lacking criminal history, past community service and future potential speaks in his favor, but agreed with the prosecution that his abuse of authority was concerning.
As part of his probation, Glen will have to undergo a sex offender evaluation and, if necessary, treatment. He must also have no unsupervised contact with minors, undergo a mental health assessment and treatment as deemed necessary, stay away from the victim and pay $100 to the Victims of Violent Crime (VVC) compensation fund.
During initial hearings on May 12, DC Superior Court Judge Shelly Mulkey held a murder defendant.
There were a total of 19 defendants presented before the court. There were no domestic violence or sexual assault cases.
Darrell Moore is charged with second-degree murder while armed in the killing of 37 year-old Julius Hayes on April 3. Moore, 43, allegedly shot Hayes six times during an altercation on the 300 block of 8th Street, NE.
Defense counsel requested that the judge to not find probable cause, saying that the main witness who identified Moore is unreliable. According to counsel, the witness claims he was at the scene of the shooting, but later could not remember what the shooter was wearing. “Seeing someone get shot would be burnt into your memory,” he said.
Judge Mulkey found probable cause in Moore’s case. She said she felt the witness’ identification of Moore was strong, and his tie to the car involved in the shooting is strong, as well.
“The evidence in this case is extremely heavy, and I do find there is a substantial probability that Mr. Moore committed the offense,” she said.
The prosecution requested Moore be held, noting an offense that he committed in 1994. Moore was convicted, by a jury, of first-degree murder while armed, among other charges, in the shooting of Denise King in Southeast, DC.
Moore was recently released under supervised probation in August of 2020 and allegedly committed this new offense while on probation.
Counsel acknowledged the seriousness of the prior offense, but he mentioned that Moore was only 16 when the offense was committed and it was his twin brother who fired the gun all those years ago.
He asked for Moore to be released under home confinement as part of the High Intensity Supervision Program (HISP), but Judge Mulkey granted the hold request, saying she believes Moore is a danger to the community.
Moore will be held at the DC Jail until his next hearing, which is scheduled for June 1.
During initial hearings on May 11, DC Superior Court Judge Shelly Mulkey held three out of six domestic violence defendants.
There were 23 total defendants presented before the court, and six of these defendants had domestic violence cases brought against them.
Judge Mulkey held a male defendant who is charged with contempt. The defendant also has a pending domestic violence case involving the same complaining witness.
The defendant allegedly violated the court’s two orders to stay away from the complainant. “I am extremely alarmed that you are violating two orders that require you to stay away from this person and this location,” the judge said, holding until his next hearing.
The judge held another male defendant who is charged with simple assault, attempted threats to do bodily harm and attempted possession of a prohibited weapon, which were a hammer and a screwdriver.
The defendant is on probation for two domestic violence cases involving the same victim. Judge Mulkey decided to hold the defendant, saying, “I have serious concerns for her [the victim’s] safety.”
The final defendant held is charged with simple assault. The judge said she was concerned about the allegations of assault in the case, the defendant’s history of failing to appear at his hearings and 10 issued bench warrants in past cases.
All held defendants have their next hearings scheduled for June 1.
The three released defendants have charges of simple assault, contempt, attempted threats to do bodily harm and attempted possession of a prohibited weapon.
All three defendants were given stay-away orders from the alleged victims and told to return to court on Nov. 16.
Metropolitan Police Department (MPD) detectives are investigating a homicide that happened during the early hours of May 11.
At around 3:51 a.m., officers responded to the 1500 block of Maryland Avenue, NE, for the report of an unconscious person, according to a press release.
There, they found 43-year-old Kareem Elliot Watkins with an apparent stab wound. He was pronounced dead on scene.
The Metropolitan Police Department (MPD) sent out five crime alerts between 9:00 p.m. on May 10 and 9:00 a.m. on May 11.
The most recent alert was sent at 4:24 a.m. for a shooting investigation on the 1500 block of Benning Road, NE. Police do not have a description of the suspect(s).
An alert for a stabbing investigation was sent at 12:29 a.m. on the 5000 block of H Street, SE. Police do not have a description of the suspect(s).
A shooting alert was sent at 10:30 p.m. on the 1200 block of Barnaby Terrace, SE. Police are looking for a blue sedan.
An alert was sent at 10:27 p.m. for an unspecified investigation on the 1800 block of 24th Place, SE. There is no lookout.
The final alert was sent at 9:32 p.m. for a robbery investigation on the unit block of 42nd Street, NE. Police are looking for two Black males with medium complexions, 6’0″ in height, wearing black ski masks and dark jackets. One of the suspects was wearing dark blue jeans, and the other was wearing black jeans. They were last seen operating a grey 2014 Kia Sedona with DC tags GH1723.
A DC Superior Court judge continued a hearing in a homicide case to allow more time for plea discussions.
Diquan Lucas, 24, is charged with second-degree murder while armed in the shooting of 33-year-old Brian Butler on Nov. 21, 2019, on the 2300 block of Ainger Place, SE.
During the May 11 hearing, defense attorney Roderick Thompson said they were not currently in a position to accept or reject the prosecutors plea offer due to new developments that happened within the past 24 hours.
Those developments were not explained in detail during the proceeding.
