Judge Grants, in Part, Attorney’s Motion to Withdraw from Sex Abuse Case

A DC Superior Court judge granted, in part, a defense attorney’s motion to withdraw from a sex abuse case.

The defendant is indicted on 29 counts including first-degree sex abuse, assault with intent to commit first-degree sex abuse, attempted first-degree sex abuse and third-degree sex abuse. He is also charged with first-degree child sex abuse in a domestic violence case.

At the defendant’s request, defense attorney Kristin McGough motioned to withdraw as counsel in May.

During the July 22 hearing, the prosecution said that, in his last felony case, the defendant switched counsel five times. The prosecutor did not oppose the request for new counsel, but asked Judge Danya Dayson to make “appropriate inquiries.”

Judge Dayson then spoke privately with the defense. Afterward, she said she did not find McGough’s performance deficient, but said there were communication issues, though she did not find the breakdown between McGough and the defendant irretrievable. The judge told the defendant that switching counsel may cause a delay if she cannot find someone who is available next year. She said she may “revisit the issue” if she cannot find another lawyer for him.

The defendant is also charged with first-degree burglary, simple assault, kidnapping, assault with a dangerous weapon, assault with intent to commit armed robbery, threat to injure or kidnap a person, obstruction and assault with significant bodily injury in this case. He is currently serving more than two decades in prison after a jury convicted him of armed kidnapping, first-degree burglary while armed, third-degree sex abuse while armed, attempted armed robbery, assault with a dangerous weapon and assault with significant bodily injury while armed in 2015.

Judge Schedules Trial for Domestic Violence Defendant

On July 22, a DC Superior Court judge scheduled a domestic violence defendant to go before a jury in October.

The defendant is charged with assault with intent to kill while armed, assault with a dangerous weapon, assault with significant bodily injury, stalking, threat to injure or kidnap a person, possessing a firearm during a crime of violence, carrying a pistol without a license outside a home or business and unlawful possession of a firearm with a prior conviction.

Judge Danya Dayson scheduled jury selection for Oct. 20 and 21 and set aside Oct 25 through Nov. 1 for the trial.

The prosecution said they will need four to five days to present their case. They plan to call six to eight witnesses, one of whom will be an expert witness. The defense said they will need up to one day and plan to call three witnesses at most.

Judge Dayson also set Aug. 9 due dates for motions and expert reports, with responses due Aug. 24.

Parties are scheduled to reconvene for another trial readiness hearing on Sept. 17.

Parties in Murder Case Nearly Ready for Trial

Parties in the case of a 1998 homicide told a DC Superior Court judge they are nearly ready to go to trial.

Kenneth Bryant Jr. is charged with first-degree murder while armed in the shooting of 35-year-old James Lane on Aug. 10, 1998, on the 200 block of S Street, NE.

Bryant picked up the charge in 2019. He is currently being held at FCI Bennettsville, a federal prison in South Carolina, on other charges. D.C. Witness could not confirm what those charges are.

According to the Bureau of Prisons (BOP), he has a release date in April 2025. But during the July 21 hearing, defense attorney Ronald Resetartis said his client is set to be released within the next three years.

Parties said scheduling conflicts prevent them from going to trial in January 2023, so Judge Milton Lee scheduled a status hearing for Oct. 22 to discuss the issue.

According to court documents, Bryant was charged with murder in 1989 and then again in 1990, D.C. Witness previously reported. Both cases were dismissed by grand juries. A 1990 case, in which he was charged with assault with intent to kill, met the same fate. He was also charged with armed burglary in 1992, but a jury acquitted him.

Domestic Violence Defendant Ready to Take Plea Deal, Attorney Says

A defense attorney in a domestic violence case said her client is ready to take the prosecution’s plea deal.

The defendant is charged with assault with a dangerous weapon.

During the July 21 hearing, defense attorney Cheline Shroeder said she has to assign her client a new attorney because she will be unavailable for some time. Defense attorney John Crowler will be representing the defendant going forward.

Judge John Campbell scheduled another hearing for Aug. 27.

Document: Arrest Made in Homicide Case

Metropolitan Police Department (MPD) detectives have made an arrest in relation to a July 21 homicide.

At approximately 12:16 a.m. on July 21 police responded to the 2200 block of Martin Luther King, Jr. Avenue, SE, due to a report of a shooting. Upon arrival police located 27-year-old Malcolm Johnson inside a nearby vehicle on the 2400 block of Martin Luther King, Jr. Avenue, SE, and pronounced him dead on scene. A second victim was also located and taken to a hospital in critical condition.

Rondez Tibbs, 26, has since been arrested and charged with felony murder.

Document: Arrest Made in Homicide Investigation

Metropolitan Police Department (MPD) detectives have made an arrest in relation to a July 10 homicide.

At approximately 9:42 p.m. officers responded to the 5100 block of Fitch Street, SE, due to a report of a shooting. Upon arrival, detectives found 34-year-old Vanessa Brooks-Williams with gunshot wounds and pronounced her dead on scene, according to the press release.

On July 21, officers arrested 37-year-old Klein Lawrence and charged him with first-degree murder. According to the press release, he was also charged with assault with a dangerous weapon, assault on a police officer and carrying a pistol without a license.

Crime Alerts: July 21-22

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

A crime alert was sent out at 10:18 p.m. due to a shooting at the 2500 block of Elvans Road, SE. Police do not have information on the suspect(s).

A second crime alert was sent out at 11:13 p.m. due to a shooting at the 2600 block of Bowen Road, SE. Police do not have information on the suspect(s).

A third crime alert was sent out at 8:03 a.m. due to a shooting at the corner of 17th and Gales Street, NE. Police identified the suspect as a Black male with short hair and a dark complexion wearing a black shirt, jeans, and armed with a handgun.

Judge Denies Release Request from Murder Defendant Awaiting Preliminary Hearing

A DC Superior Court judge ruled that a homicide defendant should remain held at DC Jail as he awaits his preliminary hearing, which will determine if his case has enough evidence to go to trial.

Aaron Kenon is charged with second-degree murder while armed for allegedly stabbing 29-year-old Keith Frye on May 8 on the 400 block of 8th Street, SE. The preliminary hearing is set to take place in less than a week.

During the July 21 hearing, defense attorney David Akulian argued that his 43-year-old client should be released due to the limited evidence against him.

Akulian listed four witnesses and said that none of them claim to have seen the stabbing firsthand. Akulian also said the prosecution “would not be able to disprove” that Kenon acted in self-defense.

The prosecution, however, opposed the request to release Kenon. She argued that Kenon still presents a danger, citing security footage in which she says Kenon can be seen following Frye around a corner after their alleged initial scuffle.

The prosecution also said that Kenon admitted to carrying a large knife with him for self-defense purposes following the attack on the United States Capitol on Jan. 6.

Toward the beginning of the hearing, Judge Milton Lee commented, “this might be a pretty good self-defense case.” However, he said he was “not so sure” that Kenon’s alleged use of force was reasonable, telling parties this issue is probably going to be relevant in Kenon’s upcoming preliminary hearing on July 27.

Judge Lee ultimately decided to continue holding Kenon. He cited Kenon’s lengthy criminal record that spans multiple years, his multiple unsuccessful probations and the potential danger someone who regularly carries a large knife may pose.

Teenage Defendant to Serve 8.5 Years for Voluntary Manslaughter

A defendant will serve eight-and-a-half years for a homicide he committed at 16-years-old.

Titus Iracks is convicted of voluntary manslaughter and carrying a pistol without a license outside a home or business in the shooting of 43-year-old Larry Harrell on June 13, 2018, on the 1200 block of Mount Olivet Road, NE.

Iracks, 19, was sentenced to eight-and-a half-years for the voluntary manslaughter charge and nine months for the carrying a pistol without a license charge. The sentences will run concurrently, and he will receive credit for time served.

The defendant pleaded guilty back in 2019, but the judge stayed the execution of the sentencing. He was allowed to stay in the custody of the Department of Youth Rehabilitation Services (DYRS) to continue his education. He was able to take college classes while held at the Youth Services Center, a facility run by the DYRS, D.C. Witness previously reported. Iracks has since been transferred to the custody of the Department of Corrections, according to court documents.

In light of Iracks’ academic progress while held, defense attorney Ronald Resetarits asked Judge Danya Dayson to recommend that Iracks be placed somewhere he can take college courses during the July 21 hearing. He also asked her to recommend a facility that close enough to DC for him to have regular visits with his family.

Judge Dayson told Iracks that she hopes his time in prison will help him find something else to focus on and called his progress “quite remarkable.”

Harrell was shot while being robbed by Iracks and his 24-year-old co-defendant, Dearren Dawkins. Dawkins was sentenced to 9.5 years for his role in the homicide.

The two were initially charged with first-degree murder while armed in August 2018. They both agreed to plead down to voluntary manslaughter. Dawkins also pleaded guilty to unlawful possession of a firearm with a prior conviction while armed.

Iracks’ additional charges of conspiracy while armed, attempt to commit robbery while armed, possession of a firearm during a crime of violence, robbery while armed and felony murder while armed were also dismissed as part of the plea deal.

Murder Defendant Decides Against Pleading Guilty

A murder defendant decided against entering a guilty plea on July 20.

Terell Kevonte Blackman, 27, and Devin Smith, who is also known as Devin Hill, are charged with first-degree murder while armed in the shooting of 28-year-old Michael Cunningham on Nov. 29, 2020, on the 3000 block of 30th Street, SE.

Smith, 26, was going to accept a plea deal that would have allowed him to plead guilty to second-degree murder while armed, but it broke down in court and defense attorney Roderick Thompson asked for more time to go over the deal with his client.

DC Superior Court Judge Milton Lee continued the hearing to Aug. 25.

Two Domestic Violence Defendants Held During Presentments

A DC Superior Court judge held two domestic violence defendants during presentments on July 20.

Thirty-one defendants were presented in total. Five of them are charged in domestic violence cases.

A domestic violence defendant who was charged in a previous case with unlawful entry onto private property and Civil Protection Order (CPO) violation failed to appear for a hearing and was therefore held.

Another second domestic violence defendant was charged with simple assault and CPO violation for allegedly violating his pretrial release orders in another case. He was held due to the alleged violation.

Judge Renee Raymond scheduled the two defendants to return to court on Aug. 10.

Three domestic violence defendants were released. Their charges include simple assault and destruction of property. They were all given stay away orders and are scheduled to return to court on Nov. 2.

One domestic violence defendant’s presentment hearing was pushed to July 21 because he is in the hospital. The defendant is charged with simple assault and possession of a prohibited weapon.

Defendant in Reopened 2014 Murder Case Receives New Counsel

A DC Superior Court judge appointed a public defender to represent a murder defendant whose case was reopened in 2020.

Gregory Green is charged with first-degree murder while armed in the death of Derrick Williams who, according to court documents, was robbed and shot in front of his Southeast, DC, home on March 29, 2014.

Green was first charged with murder in April 2014. His first trial ended with a hung jury. The second time around, a jury convicted him of first-degree murder while armed and armed robbery. He was sentenced to 35 years for murder and seven-and-a-half years for robbery. But in 2020, his convictions were overturned and he was granted a new trial.

Public defender Joseph Wong is now representing Green.

During a July 20 ascertainment of counsel hearing, Judge Milton Lee pointed out how, at one point, Green expressed the intention to assert an ineffective assistance of counsel claim against his previous attorneys from the Public Defender Service (PDS). But Green said he is no longer pursuing that claim.

Green is scheduled to return to court on Sept. 21.

According to court documents, Green claimed that the court should not have denied his motion to suppress evidence that police obtained from his cell phone.

In an opinion, Associate Judge Stephen H. Glickman wrote, “Mr. Green argues that this evidence was the fruit of an illegal search and seizure arising from the presence of law enforcement agents in his home without a search warrant or other legal justification. Because we agree that the trial court should have granted the motion to suppress the cell phone evidence, and because the erroneous admission of that evidence at Mr. Green’s trial was not harmless beyond a reasonable doubt, we reverse his convictions.”

Crime Alerts: July 20-21

The Metropolitan Police Department (MPD) sent out eight crime alerts between 9:00 a.m. on July 20 and 9:00 a.m. on July 21.

An alert was sent out at 9:15 p.m. due to a stabbing investigation in the area of 12th and I Street, NW. The suspect is in custody.

An alert was sent out at 10:29 p.m. due to a robbery investigation at the 600 block of Newton Place, NW. Police identified the suspect as a Black male wearing a white shirt and maroon/red shorts.

A third crime alert was sent out at 11:25 p.m. due to a stabbing investigation at the 1500 block of Good Hope Road, SE. Police identified the suspect as a 47-year-old Black male.

A fourth crime alert was sent out at 12:28 a.m. due to a robbery investigation at the 300 block of 7th Street, NE. Police identified a suspect as a 17 to 19-year-old Black male wearing a black hoodie and riding a rideshare bike.

A fifth crime alert was sent out at 12:30 a.m. due to a robbery investigation at the 300 block of 7th Street, NE. Police identified the suspect as a Black male who is about 17 to 19 years old, wearing a black hoodie and riding a red share bike.

A sixth crime alert was sent out at 1:23 a.m. due to a stabbing at the 1400 block of V Street, NW. Police identified the suspect as being in a white vehicle.

A seventh crime alert was sent out at 1:32 a.m. due to an armed robbery at the 1700 block of Lamont Street, NW. Police identified the suspect as two young Black males wearing black clothing and black ski masks. They were last seen in a dark vehicle with tinted windows.

A final crime alert was sent out at 1:57 a.m. due to an armed robbery at the 3100 block of Mount Pleasant Street, NW. Police identified the suspect as a Black male with a slim build wearing a black ski mask, all black clothing armed with a handgun.

Judge Arraigns Homicide Defendant

A defense attorney in a homicide case voiced concerns over his client’s length and conditions of confinement during an arraignment hearing.

Tyrell Powell was initially charged with first-degree murder while armed in the shooting of 22-year-old Semaj Alsobrooks on the 3900 block of East Capitol Street, NE, on Sept. 4, 2019.

The 24-year-old defendant has now been indicted on charges of felony murder while armed, assault with intent to kill and assault with significant bodily injury. He pleaded not guilty to all counts during the July 20 hearing.

Defense attorney Jason Tulley said he has received “an absolute lack” of materials related to the case.

“The court has been overly generous to the government, giving them extra time to gather information to form the basis of this ruling, and they still do not have the information,” he said.

The prosecutor said she would give Tulley everything she could within the next week.

“This was the first time that Mr. Tulley raised anything while I’ve been on personally in a hearing, or to me in an email,” she said.

Tulley also asked for his client’s release, pointing out how long Powell may have to wait for a trial and the psychological effects of his conditions of confinement.

“Solitary confinement, which is what Mr. Powell has faced for all this time, has an incredibly detrimental effect on mental health,” Tulley said. “It is an emergency for Mr. Powell, and I believe it hasn’t been treated as such.”

Powell was charged with murder in November 2019. Judge Milton Lee acknowledged the length of his detention, but did not agree to release him.

“The defense has argued that the delay should rest on the prosecution, I reject that,” he said. “The reason for the delay has been pandemic related.”

Judge Lee scheduled a felony status conference for Sept. 10.

Prosecutors in Murder Trial Rest Their Case

After three witnesses took the stand on July 19, prosecutors in a murder trial rested their case.

Nyekemia Everett, 35, and Malik Hewitt, 41, are charged with first-degree murder while armed in the death of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE, on April 27, 2017.

The prosecution alleges 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 allege that Everett shot Heard, while Hewitt acted as the getaway driver.

The witnesses called during the July 19 proceedings include a deputy from the Metropolitan Police Department (MPD) who was involved in the arrests of both defendants. He detailed the two’s arrests and identified the defendants in court.

An MPD detective also testified, detailing how he downloaded evidence off cell phones used by the defendants. Another detective confirmed Everett’s voice from recordings of phone calls at the DC Jail.

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