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Parties Await Sex Abuse Defendant’s Decision on Plea Offer

DC Superior Court Judge Milton Lee scheduled a felony status conference for a first-degree sex abuse defendant who has been offered a plea deal.

The 34-year-old defendant is accused of sexually assaulting a woman on the 5400 Block of B Street, SE, on April 3. 

According to court documents, the victim and defendant met at a wedding. The victim and her boyfriend were driving the defendant home from the wedding when they got into a car accident that led to a physical altercation between the victim’s boyfriend and the other drivers. The boyfriend got arrested at the scene. Later, the victim and the defendant drove back to his home where he then allegedly sexually assaulted her.

The prosecution extended the deadline for their plea offer to Nov. 18, when parties are scheduled to reconvene for another hearing.

In the meantime, the defendant will remain released under the High Intensity Supervision Program. During the Nov. 16 hearing, defense attorney David Benowitz said his client is in compliance with his pretrial release conditions.

Defendant Requests Additional Counsel Ahead of Murder Trial

A defense attorney requested the appointment of additional counsel ahead of an upcoming murder trial.

James Mayfield and Robert Moses are charged with first-degree murder while armed in the death of 17-year-old Jamahri Sydnor. Sydnor was reportedly shot while driving on the 1400 block of Saratoga Avenue, NE, on Aug. 12, 2017.

James Mayfield is also charged with first-degree murder while armed in the deaths of Jermaine Bowens and Elijah Henry. On Dec. 26, 2017, 38-year-old Bowens was found on the 2200 block of Douglas Street, NE, suffering from multiple gunshot wounds. The next day, 21-year-old Henry was found unconscious in a residence on the 1800 block of Bryant Street, NE.

Moses’ lawyer, Kevin McCants, asked DC Superior Court Judge Neal Kravitz to appoint an additional attorney before his client’s trial begins in February 2022. During the Nov. 16 hearing, McCants said he motioned for additional counsel at the request of his client, who would like a “second opinion” on his case, though McCants said he was more than able to handle the case himself.

Judge Kravitz expressed concerns over whether or not a new attorney would be sufficiently prepared for the trial before its scheduled start date. Defense attorney Veronice Holtz, who is representing Mayfield in both his murder cases, expressed the same concern. 

Judge Kravitz met privately with McCants and Moses to discuss the matter. Judge Kravitz said he would be reaching out to other defense attorneys to see if they would be available

Any attorney appointed by Judge Kravitz will take over as the lead counsel on Moses’ case, with McCants remaining as assistant counsel.

Mayfield and Moses are also charged with assault with intent to kill while armed in a drive-by or random shooting offense committed during release, possession of a firearm during a crime of violence, assault with intent to kill, drive-by or random shooting, aggravated assault with grave risk while armed, obstruction of justice and conspiracy in that case.

The two remain held at DC Jail. Judge Kravitz scheduled a status hearing for Nov. 23.

Crime Alerts: November 16-17

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Nov. 16 and 9:00 a.m. on Nov. 17.

A crime alert was sent out at 10:01 p.m. due to a gun robbery in the 4500 block of Wisconsin Avenue, NW. Police identified the suspects as two black men in all-black clothing and armed with handguns.

A crime alert was sent out at 6:39 a.m. due to a gun robbery on the corner of Southern Avenue and Suitland Road, SE. Police identified the first suspect as a black male with a slim build wearing a ski mask. The second was identified as a Black male wearing a black hoodie and surgical mask.

Detective Finishes Testimony During Preliminary Hearing for Murder Case

A DC Superior Court judge found probable cause in a murder case, ruling that it has enough evidence to go to trial.

Bernard Matthews, 42, is charged with second-degree murder for allegedly shooting 22-year-old Diamonte Green on Feb. 16 on the 300 block of 33rd Street, SE.

A Metropolitan Police Department detective continued their testimony on Nov. 16. He had previously begun testifying on Nov. 12, D.C. Witness previously reported. During the cross-examination, defense attorney Andrew Ain asked questions about inconsistency in witnesses’ statements and other potential suspects.

Ain brought up the issue of a cream-colored Cadillac a witness told police they saw the shooting suspect leave in. Surveillance video shows that the Cadillac did not arrive near the scene until many minutes after the shooting. The video also shows an individual, who the police believe to be the defendant, leaving the scene on foot. 

Ain questioned the detective as to why another individual, who was exchanging threatening messages with Green hours before the shooting, was never investigated. The detective just said they were not looked into.

Judge Neal Kravitz found probable cause but noted that “probable cause is a very low standard”. Matthews has been on release in the High Intensity Supervision program since April. 

Judge Kravitz set another hearing for Feb. 1.

Defense Requests Murder Defendant’s Release Due To Jail Conditions

The attorney for a defendant charged in the death of Unique Harris, who went missing in 2010, requested his client’s release due to the conditions at DC Jail.

Isaac Moye, 44, is charged with second-degree murder in the death of 24-year-old Unique Harris.

Harris disappeared from her home on the 2400 block of Hartford Street, SE, on the night of Oct. 9, 2010. She 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.

According to court documents, Harris’ children reported her missing in the morning when they realized she was not in the house but her car was still in the driveway. Moye was on GPS tracking at the time and tracking records indicate that he arrived at Harris’ home around 10:40 p.m. on Oct. 9 and left around 7:20 a.m. on Oct. 10.

Moye was arraigned on the murder charge – the sole count of the indictment – during the Nov. 16 hearing. He entered a plea of not guilty.

Defense attorney Jason Tulley filed a motion for Moye’s release based on the conditions at DC Jail. The prosecution had not yet replied to the motion at the time of the hearing so DC Superior Court Judge Neal Kravitz ordered them to do so by Nov. 19. 

Tulley’s motion explains how his client has experienced similar conditions to what the U.S. Marshals Service’s report describes as inhumane. He said it is difficult to meet with his client due to them.

According to Tulley, a co-counsel will be assigned to the defense and then they can move forward with picking a trial date.

Judge Kravitz set a hearing on Dec. 1 to select a trial date. 

Document: November 16 Homicide

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Nov. 16.

At approximately 2:01 a.m. officers responded to the 4300 block of Wheeler Road, SE, due to a report of a shooting. Upon arrival, officers located 62-year-old Albert Young with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

Ex-Girlfriend, MPD Officer Testify During Murder Trial

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

The trial for Daniel Parker’s murder continued with multiple witnesses testifying, including a Metropolitan Police Department (MPD) officer who was the victim’s neighbor and the victim’s ex-girlfriend.

Dewayne Shorter, 33, is charged with first-degree murder while armed in the shooting of 38-year-old Parker on July 26, 2017, on the 2000 block of Fairlawn Avenue, SE. Shorter is also charged with assault with intent to kill while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm while armed during a crime of violence.

An MPD officer was called to the witness stand. At the time of the shooting, the officer was neighbors with Parker and was able to identify on a map where the shooting happened.

The officer said he had a few conversations with Parker in the past and knew his two brothers. He said he often saw foot traffic going in and out of Parker’s house and assumed Parker was involved in drug transactions and had previously reported the activity.

On the day of the homicide, the officer said he had arrived home and had briefly spoken with Parker, who was throwing a party. While he was inside, the officer heard what he at first thought were fireworks, but realized they were gunshots. He then grabbed his radio and service weapon and ran outside.

Once outside, the officer saw Parker’s body lying on the ground and noticed a firearm in the waistband of Parker’s shorts. The officer was able to identify Parker’s body in a photo the prosecution showed. 

Defense attorney Gemma Stevens asked the officer if he was told not to talk to the prosecution. The officer denied this. Stevens then asked the officer why he did not want to talk to the prosecution. The office replied that he was off the clock and had already made his statement, so he did not find it necessary to speak to them when asked to.

The second witness to testify, Parker’s ex-girlfriend, said she dated the victim from 2016-2017 for about eight months but had known each other for years before. She said although they were broken up at the time he was killed, they continued to see each other.

When asked about Parker’s financial situation, she said he made extra money by selling marijuana. At the time of the shooting, the ex-girlfriend was sitting with her mother in a parked car and Parker was standing nearby, outside the car. The ex-girlfriend also thought she was hearing fireworks at first, but later realized she was hearing gunfire.

In her statement to the grand jury, the ex-girlfriend had said the shooter was wearing all black clothing, but during the trial, she said she was not sure what the shooter was wearing. When asked about the weapon that killed Parker, the ex-girlfriend told the prosecution she believed it was an assault rifle because it sounded like one.

One she realized she was hearing gunshots that day, she drove off and saw Parker run away, she said. She confirmed to the prosecution that she later went back to the crime scene to check on Parker and tell responding officers she was there.

The ex-girlfriend said she never saw Shorter shoot Parker. She said the only thing she is sure of is that Parker was killed and that her life has changed. The prosecution asked if a mutual friend of hers and Parker had told her what to say to the police, but she denied this.

The prosecution questioned the ex-girlfriend about the discrepancies in her grand jury statement and her statements made during the trial. She admitted to being under the influence during the grand jury testimony. The ex-girlfriend also said she had told the prosecution that at the time,  she was “not in the right frame of mind”.

When asked what she was under the influence of, the ex-girlfriend said at the time she was “taking a lot of molly”. Molly is the street name for MDMA, a psychoactive drug. The prosecution asked if she had been arrested for possession of molly and the ex-girlfriend said yes. The prosecution said because her arrest happened multiple days before her grand jury testimony, she could not have been under the influence. The ex-girlfriend said the drugs must have still been in her system.

The prosecution asked the ex-girlfriend about Parker allegedly telling her that he had shot at someone. The ex-girlfriend said she did not take what he said seriously because, “[he] was always high on molly and not sleeping for four to five days”. 

The ex-girlfriend was asked if she had originally said the shooter was a black man. The ex-girlfriend replied she did not know if the shooter was “God or the devil”.

Defense attorney Jon Norris asked the ex-girlfriend if she knew who the shooter was and she responded the same as when the prosecutor asked.

The ex-girlfriend also confirmed to Norris that she and Parker broke up because of his use of molly, which she said made him “snappy and agitated.” She said she did not know, however, if Parker and his brothers fought about molly use.

DC Superior Court Judge Marisa Demeo scheduled the trial to resume on Nov. 16 with more witnesses.

Document: Arrest Made in Homicide

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

On Nov. 15 at 9:34 a.m. officers responded to the unit block of 45th Street, NE, due to a report of a shooting. Upon arrival, officers located 47-year-old Jamalijnanya Butler with gunshot wounds and pronounced him dead on scene, according to the press release.

Officers arrested 22-year-old Malik Williams and charged him with second-degree murder while armed, according to the press release.

Murder Defendant Rejects Plea Deal at Preliminary Hearing

A murder defendant rejected a plea deal before a witness took the stand in a hearing to determine if the case has enough evidence to go to trial.

Jamil Whitley, 34, is charged with first-degree murder while armed for allegedly shooting 32-year-old Kevin Redd on June 11, 2020, at the 4700 block of Jay Street, NE. He was arrested the following August.

Whitley denied a plea offer extended to him by the prosecution. If he had taken it, he could have faced 13-18 years in prison. 

A Metropolitan Police Department (MPD) detective took the stand to review the details of Whitley’s arrest warrants during the Nov. 15 hearing. The detective said her unit was not the first to arrive at the crime scene, and therefore was not in charge of the investigation.

Madalyn Harvey, Whitley’s attorney, asked that the detective hand over any radio recordings from the night of the incident that covers any details in the affidavit. DC Superior Court Judge Milton Lee granted. 

Judge Lee determined that the case has probable cause.

Whitley is scheduled to return to court Dec. 10 for a status hearing. 

Crime Alerts: November 15-16

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 pm. on Nov. 15 and 9:00 a.m. on Nov. 16.

A crime alert was sent out at 9:33 p.m. due to a robbery investigation in the 2800 block of N Street, NW. Police identified the suspects as one White male and one Black male in a Toyota RAV4 vehicle.

A crime alert was sent out at 3:02 a.m. due to a shooting investigation in the 4300 block of Wheeler Road, SE. Police identified the suspect wearing a white hoodie and dark pants.

Document: November 15 Homicide

Metropolitan Police Department (MPD) detectives are investigating a Nov. 15 homicide.

At approximately 6:05 a.m. officers responded to the 1900 block of 14th Street, SE, due to a report of a shooting. Upon arrival, officers located two adult men with gunshot wounds nearby. Both were transported to a local hospital where one, 68-year-old Nathaniel Martin, succumbed to his injuries, according to the press release.

MPD Officer Testifies During Preliminary Hearing for Murder Case

A police officer testified before a DC Superior Court judge during a preliminary hearing to determine if the case against the man accused of fatally shooting Diamonte Green has enough evidence to go to trial.

Bernard Matthews, 42, is charged with second-degree murder while armed for allegedly shooting 22-year-old Green on Feb. 16 on the 300 block of 33rd Street, SE. Matthews is currently out on release in the High Intensity Supervision Program.

During the Nov. 12 hearing, a Metropolitan Police Department (MPD) detective testified that Green was found lying on his back, having sustained approximately eight gunshot wounds. About 12 shell casings were found at the crime scene.

The prosecution showed the detective video footage from Feb. 16. The detective identified Matthews in the video based on his clothing, since Matthews was later apprehended wearing the same clothing. He also said in another video, Matthews’ face was shown on the camera.

Another video was shown of Matthews and a young man, identified as Matthews’ son, entering a nearby building. Throughout the video, Matthews and his son repeatedly enter and re-enter the building.

The detective said Matthews had received a text message from someone saying they were outside. Matthews and his son were seen exiting from the back of the building and entering a van. The detective said the shell casings from the crime scene matched a gun Matthews owns.

Defense attorney Andrew Ain asked the detective about the van that picked up the defendant and his son. The detective said a witness had identified the van but has yet to interview the driver and he currently does not know the relationship between Matthews and the driver.

The detective had found out Green and Matthews’ son were involved in a dispute, and had fought over Instagram direct messages.

DC Superior Court Judge Neal Kravitz scheduled the preliminary hearing to resume on Nov. 16.

Document: Arrest Made in 2019 Homicide

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

On Dec. 26, 2019, officers responded to the 1800 block of Corcoran Street, NE, due to sounds of gunshots. Upon arrival, officers located two adult males with gunshot wounds and transported them to a local hospital. On Dec. 27, one of the victims, 26-year-old Andre Carroll, succumbed to his injuries, according to the press release.

On Nov. 15 officers arrested 24-year-old Robert Hunter and charged him with second-degree murder while armed in relation to the homicide, according to the press release.

Judge Denies Defense Motion on DNA Testing in Murder Case

A DC Superior Court judge denied a defense motion in a murder case to conduct DNA testing and stop the prosecution from consuming DNA evidence in light of the Department of Forensic Sciences’ (DFS) loss of its accreditation.

Daquan Gray, 19, is charged with first-degree murder while armed in connection with the shooting of 15-year-old Jaylyn Wheeler on May 16, 2018, on the 600 Block of Alabama Avenue, SE.

The motion came after the prosecution gave notice of their intent to retest DNA evidence. According to the prosecutor, only one more round of testing can be done on the DNA evidence. Judge Neal Kravitz called the defense’s motion “gamesmanship” since Gray waived his right to conduct DNA testing under the Innocence Protection Act back in February 2020.

In the motion, defense attorney Dana Page states that her client learned that the DFS lost its accreditation after he waived his right to DNA testing. Page goes on to argue that Gray has the right to test material previously tested by the prosecution. She also wanted Judge Kravitz to prevent the prosecution from possibly consuming the material by testing it themselves.

During the Nov. 12 hearing, the timing of the defense’s motion was questioned due to the lack of activity or requests regarding the DNA until the prosecution decided to retest the evidence. Page responded, saying COVID’s impact on the vacating of the trial scheduled for September 2020 led her to forget. She argued that private testing would allow them to conduct different types of testing, however, when asked what they would do differently by the judge, Page was not forthcoming due to it being key to the defense strategy. 

The prosecution argued that, although the firearms and crime scene DNA laboratories of DFS have come under scrutiny, there is no evidence of corruption or incompetence in this case. The prosecution also said the retesting was not a priority until recently due to his release from custody. Along with that, the private labs which conduct testing for the government are backlogged, so the testing will not be instantaneous, the prosecution said. 

Judge Kravitz said the defense may suggest additional trials to the prosecution for the testing and submit another motion if needed. Parties are scheduled to reconvene on Feb. 22. 

McKenzie Pochiro wrote this article.

Judge Denies Murder Defendant’s Motion for COVID Release

A DC Superior Court judge denied a murder defendant’s request for a compassionate release based on the COVID-19 pandemic.

The defendant, 27-year-old Lewkus Turner, is charged with first-degree murder while armed for allegedly shooting 27-year-old Vincent Gyamfi on Dec. 11, 2020, on the 1700 block of 29th Street, SE.

According to court documents, Gyamfi was shot three times: twice in the torso and once in the hip.

Defense attorney Jon Norris filed the compassionate release motion back in May. He also recently filed an emergency release motion, citing the conditions of confinement at DC Jail. While Judge Neal Kravitz denied the May motion, he said he was unable to rule on the later one. He said more information from the U.S. Marshal Service and the DC Jail must be obtained before he can make a ruling.

These decisions come in the wake of reports from the U.S. Marshals Service about the jail’s condition based on an unannounced inspection of the facility. The results of the inspection were sent to the Department of Justice’s Civil Rights Division for review of potential violations of the Civil Rights of Institutionalized Persons Act, specifically in regard to the Central Detention Facility, D.C. Witness previously reported.

During the Nov. 12 hearing, defense attorney Jon Norris raised concerns over an alleged COVID-19 outbreak at the DC Jail. Norris said his client has health issues and turned down the COVID-19 vaccine because of them. However, in a motion, Norris explained that he was unable to find a study showing benefits from those with Turner’s health issues receiving the COVID-19 vaccine. 

Judge Neal Kravitz said he has not received enough evidence that Turner should refuse the vaccine for health reasons and denied the motion. He said he suggests Turner get the vaccine to protect himself from COVID-19.

Parties are scheduled to reconvene on Jan. 26.