Judge Sentences Murder Defendant to 40 Years

A DC Superior Court judge sentenced a murder defendant to 40 years in prison.

In February 2020, a jury found Herman Cook, Jr. guilty of first-degree murder while armed in the shooting of 45-year-old Donald Johnson Jr. on the 5700 block of George Avenue, NW, on Aug. 8, 2016. Cook, 50, was also convicted of possession of a firearm during a crime of violence and possession of a firearm with a prior conviction.

Johnson’s family was present in court during the Oct. 18 sentencing. His father said the defendant “does not deserve mercy” and called him a coward. Johnson’s mother said the defendant has broken her heart.

According to a Department of Justice press release, Johnson was struck once in the neck and twice in the back.

Johnson’s brother and sister also made statements. His sister called Cook a “danger to society”.

Cook made a brief statement, saying he did not plan on murdering Johnson. He said they had talked on the phone multiple times to discuss their disagreement and he had a lot to lose.

Defense attorney William Buie III said mutual friends of the defendant and the victim said they were like brothers, but there had been a disagreement between the two. Buie asked Judge Juliet McKenna to sentence the defendant to the minimum sentence of 30 years for first-degree murder while armed.

The prosecution, however, recommended a 40-year sentence. They said the case was unusual because, while most murder cases are young people acting reckless, Cook was in his mid-40s when he killed Johnson. The two had met in college and stayed friends for over 25 years. The prosecution said the defendant put other people, including children, at risk because of his actions.

Judge McKenna called the crime a “senseless act.” She sentenced the Cook to 40 years in prison for murder, seven years for the possession of a firearm during a crime of violence charge and three years for the unlawful possession of a firearm charge. The sentences are to run concurrent. The defendant was given five years of supervised release and must register as a gun offender.

Crime Alerts: October 18-19

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Oct. 18 and 9:00 a.m. on Oct. 19.

A crime alert was sent out at 10:27 p.m. due to a stabbing in the Unit block of Longfellow Street, NW. Police do not have information on the suspect(s).

A crime alert was sent out at 11:55 p.m. due to a shooting investigation in the 300 block of Bryant Street, NW. Police do not have information on the suspect(s).

Judge Sentences Sex Abuse Defendant

A DC Superior Court judge sentenced a man for two sex offenses involving underage victims.

According to the prosecution, the defendant, John Santiago, met the girls online and invited them to a hotel where he was staying while looking for permanent housing in DC.

“The real problem here is we have gotten to a place in this world where the internet allows us to do things like this,” Judge Milton Lee said.

Santiago, 44, was initially charged with first-degree child sex abuse and first-degree sexual abuse of a minor. In June, he pleaded down to attempted first-degree sexual abuse of a minor and attempted first-degree child sex abuse.

Judge Lee sentenced the defendant to two years, one of which was suspended, followed by three years of supervised probation for the attempted first-degree sexual abuse of a minor charge. For the attempted first-degree child sex abuse charge, Judge Lee sentenced him to 40 months, 20 of which were suspended, followed by three years of supervised probation.

The sentences will run consecutive, putting his total amount to serve at 32 months. The probation periods, however, will run concurrent.

During the Oct. 15 sentencing hearing, defense attorney Shawn Sukumar said his client would be better-rehabilitated by mental health therapy and spending time with his family, rather than prison time.

Sukumar also said that, unlike other child sex abuse cases he had seen before, this is not one where manipulation took place.

The prosecution said they do not have an issue with Santiago receiving counseling but, due to him appearing to have more encounters with the victims after finding out their age, they feel prison time is necessary.

Santiago will be required to complete a mental health evaluation as part of his probation. He must also complete sex offender treatment and remain employed.

Judge Lee also said Santiago is a good man and has come a long way since his initial arrest. The arrest, according to Judge Lee, was a day that turned around Santiago’s life and made him come to terms with his issues.

Santiago also spoke at the hearing and said he is remorseful for his actions.

No victim impact statements were read during the hearing, as they prosecution said they were unable to obtain any despite multiple attempts.

Document: Police Investigate Traffic Fatality

Metropolitan Police Department (MPD) detectives are investigating a traffic fatality incident that occurred on Oct. 17.

Police investigation revealed that at approximately 10:07 p.m. Gary Minor was walking across the road on the 3900 block of Benning Road, NE. The operator of a 2011 Ford Focus hit 73-year-old Minor and then stayed on the scene. Minor was pronounced dead on scene, according to the press release.

Parties Discuss Competency Issues in Child Sex Abuse Case

Parties discussed a child sex abuse defendant’s competency to stand trial during an Oct. 15 hearing.

The defendant is charged with first-degree child sex abuse of a victim less than 12-years-old. He picked up the case in April 2018.

The following August, the defendant was found incompetent to stand trial. In May 2020, he was released from St. Elizabeths Hospital, DC’s psychiatric institution, into the High Intensity Supervision Program. Then, on Oct. 7, 2020, he picked up a new case on a charge of armed kidnapping. He is now being held without bond in both cases.

Last June, DC Superior Court Judge Julie Becker found the defendant competent to stand trial in both cases following a report by the Department of Behavioral Health. Defense attorney Bernadette Armand, who is representing the defendant in both cases, disputed the findings and said she would seek a private expert to evaluate her client.

During the Oct. 15 hearing, Judge Danya Dayson raised concerns over adjudicating competency matters for two different cases with two different judges.

The prosecution suggested Judge Dayson take over for both cases because the defendant’s co-defendant in the sex abuse case does not have any other active felony cases. Judge Neal Kravitz is currently assigned to the kidnapping case.

“My understanding is that the earliest judge should have the case, and that would be the earliest judge of the co-defendant if the co-defendant has an older case,” Judge Dayson said.

The defendant is scheduled for a status hearing on Nov. 3 before Judge Kravitz. It’s expected that, once it is decided which judge will rule over the cases, a competency ruling will be made.

Document: Arrest Made in October 17 Homicide

Metropolitan Police Department (MPD) detectives have made an arrest in relation to an Oct. 17 homicide.

At approximately 5:13 p.m. police responded to the 2800 block of Alabama Avenue, SE, due to a report of a stabbing. Upon arrival, officers located 27-year-old Danielle Stuckey with stab wounds and transported her to a local hospital. She later succumbed to her injuries, according to the press release.

That same day, officers arrested 26-year-old Tywan Morris, and charged him with second-degree murder while armed, according to the press release.

Document: October 3 Homicide

Metropolitan Police Department (MPD) detectives are investigating an Oct. 3 homicide.

At approximately 11:44 p.m. police responded to the 3400 block of 13^th Place, SE, due to sounds of gunshots. Upon arrival, officers located two adult male victims with gunshot wounds and transported them to a local hospital for treatment, according to the press release.

On Oct. 17, one of the victims, 31-year-old Antonio McAllister, succumbed to his injuries. The second victim’s injuries were non-life-threatening, according to the press release.

Judge Sentences Homicide Defendant to Serve 8.5 Years

A DC Superior Court judge sentenced a defendant to serve eight-and-a-half years for stabbing a man at a metro stop.

Anthony Williams, 20, was fatally stabbed on Jan. 26, 2020, at the Union Station metro stop. Last June, 25-year-old Angel Moses pleaded guilty to voluntary manslaughter while armed in connection with his death.

Judge Yvonne Williams sentenced the defendant to ten years, 18 months of which were suspended, followed by five years of supervised probation.

Members of Williams’ family spoke during the Oct. 15 hearing. William’s cousin said the defendant has slandered the victim’s name and has no remorse for her actions. His sister said Moses will “always have a darkness in [her]”.

Moses also made a brief statement, saying she feels grief and remorse for her actions.

The prosecution said that Moses attacked Williams because of a drug dispute but later refuted her statement. Moses later said she was threatened by the decedent because he was a “big man” and she is a woman.

Judge Williams said she understood why, as a woman living on the streets, Moses would carry a knife, but pointed out that she initially approached the victim.

As part of her probation, Moses is required to receive a mental health screening and maintain or seek employment. She must also partake in drug testing and receive drug and mental health treatment as deemed necessary by the Court Services and Offender Supervision Agency.

Defense Requests Additional Discovery in Murder Case

The defense counsel in a murder case is requesting additional discovery before deciding whether to move to trial.

Demetrious Void, 34, is charged with first-degree murder while armed in the shooting of 24-year-old Anthony Lawson on the 6200 block of Eastern Avenue, NE, on Sept. 25, 2018.

The defendant is also charged with assault with a dangerous weapon while armed, possessing a firearm during a crime of violence, armed carjacking and unlawful possession of a firearm in this case.

Judge Danya Dayson offered parties an opportunity to set a trial date, but defense attorneys Matthew Davies and Will Alley said they are waiting for additional discovery materials from the prosecution before deciding whether to accept a plea agreement or move to trial.

Jude Dayson set another status hearing is set for Nov. 9.

Child Sex Abuse Defendant Retains Private Counsel

A defendant charged with first-degree child sex abuse retained private counsel during a hearing.

According to court documents, the 36-year-old defendant is accused of sexually abusing a young girl, to whom he is related by marriage, for multiple years beginning when she was in the 7th grade.

During the Oct. 15 hearing, Dominique Winters, a public defender, withdrew from the case. The defendant is now being represented by Samuel Adewusi, a private attorney.

Judge Danya Dayson also agreed to relax the defendant’s pretrial release conditions, removing him from the High Intensity Supervision Program. The defendant must also continue to abide by the conditions of his protective order.

Judge Dayson set another hearing for Feb. 4.

Crime Alerts: October 17-18

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on Oct. 17 and 9:00 a.m. on Oct. 18.

A crime alert was sent out at 10:27 p.m. due to a stabbing in the Unit block of Longfellow Street, NW. Police do not have information on the suspect(s).

Document: October 16 Homicide

Metropolitan Police Department (MPD) detectives are investigating an Oct. 16 homicide.

At approximately 9:43 p.m. officers responded to the 400 block of 12^th Street, SE, due to a report of a shooting. Upon arrival, police located 27-year-old Devante Waters with gunshot wounds and transported him to a local hospital. He later succumbed to his injuries, according to the press release.

Second DC Superior Court Murder Trial of 2021 to Begin

The second murder trial at the DC Superior Court since the suspension of trials due to the COVID-19 pandemic ended is set to begin next week.

Robert Dean, 63, is charged with first-degree murder while armed for allegedly stabbing 38-year-old Tamiya White with a screwdriver on the 1000 block of Mount Olivet Road, NE, on March 31, 2018.

According to court documents, Metropolitan Police Department (MPD) officers responded to White’s home twice on March 18, 2018. Both times, White complained that she was trying to end a six-month relationship with Dean.

According to court documents, a witness said that, approximately one hour before the homicide, they received a text from Dean that read, “I feel that I am about to go to jail.” The witness said they later called Dean, who said he was angry with White for using his entire social security check-in two days and kicking him out of her apartment.

At approximately 4:58 p.m. on March 31, 2018, White drove from her apartment on the 1000 block of Mount Olivet Road, NE, to a McDonalds approximately one minute away. She walked into the building and requested assistance while holding onto her neck, which was “uncontrollably bleeding,” according to court documents.

Six minutes later, officers arrived. Less than half an hour later, she succumbed to her injuries.

Unaware of White’s injuries, the witness picked up Dean near White’s apartment. While in the vehicle, Dean told the witness that White hit him during an argument. He allegedly said he responded by, “stabbing the decedent up to thirty times with a screwdriver.”

According to court documents, the doctor who performed the autopsy determined that White had two puncture wounds: one penetrating the left side of her neck and another penetrating the left side of her chest.

Dean was arrested on April 5, 2018, and charged with first-degree murder while armed, premediated. He was offered a plea deal later that year but it was rejected.

He previously had a trial scheduled for early 2020, but it was postponed.

Jury selection for Dean’s trial is now set to begin on Oct. 18. The prosecution expects to have five expert witnesses and four to six law enforcement witnesses.

Parties expect the trial to last two weeks.

Man Pleads Guilty to Voluntary Manslaughter

A defendant pleaded guilty to voluntary manslaughter in connection with a fatal shooting from earlier this year.

NeQuan Carthens, who is also known as MeQuan Carthens, was initially charged with first-degree murder in the shooting of Lagioria Brinkley on the 1900 block of 16th Street, SE, on March 20. Brinkley, 37, died of a gunshot wound to the head, D.C. Witness previously reported.

During the Oct. 15 hearing, the 20-year-old defendant pleaded down to voluntary manslaughter.

According to court documents, Carthens’ plea deal includes an agreement between parties on a recommended sentence of ten years of incarceration followed by five years of supervised release.

DC Superior Court Judge Danya Dayson scheduled Carthens to be sentenced on Jan. 7.

Parties in Murder Case Debate Protective Order

A DC Superior Court judge ordered parties in a murder case to resolve their disagreements over a protective order on Oct. 14.

Tony McClam is charged with first-degree murder while armed for allegedly shooting 11-year-old Karon Brown on July 18, 2019, on the 2700 block of Naylor Road, SE. McClam, 31, is also charged with possessing a firearm during a crime of violence, assault with intent to kill and carrying a pistol without a license outside a home or business.

Parties have been unable to come to an agreement over a protective order issued for Body Worn Camera (BWC) footage from a police officer. The protective order prohibits the footage from being shown to witnesses. The defense has argued that this infringes on McClam’s Sixth Amendment rights to participate in his defense and have effective counsel.

“The government has routinely, by the way of form, stock motions, requested, and been granted, overly restrictive and unconstitutional protective orders in D.C. Superior Court,” co-counsel Aubrey Dillon stated in a defense motion to vacate the protective order governing BWC materials. “The fact of the matter is that protective orders are not and should not be the norm.”

“I can’t believe that you can’t work this out,” said Judge Neal Kravitz. But the prosecution said it is unlikely they will be able to come to an agreement.

“I don’t have a feeling that you have exhausted your efforts to work this out… I’m going to ask that you talk to each other,” Judge Kravitz said.

McClam is scheduled to return to court on Nov. 5. His trial is set to begin on Nov. 29.

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