Jury Selection Begins for 1st Homicide Trial in Over a Year

June 30 marked the start of jury selection for the first murder trial at the DC Superior Court in over a year.

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 April 27, 2017, on the 2300 block of Ainger Place, SE.

Judge Neal Kravitz interviewed 62 potential jurors and chose 30. Jurors were kept in two rooms to allow for social distancing before they were questioned.

The defendants were charged with murder in May 2017, and have been held in pretrial detention ever since. Former Chief Judge Robert E. Morin suspended jury trials in March due to the pandemic. Chief Judge Anita Josey-Herring authorized them to resume in April, with safety precautions in place.

Their previous trial began in February 2020, but Judge Anita Josey-Herring declared a mistrial in August 2020 due to the COVID-19 pandemic, D.C. Witness previously reported.

Jury selection will conclude on July 1, and the trial will begin on July 6.

Hewitt is also charged with possession of a firearm during an act of violence, felony murder while armed and conspiracy.

Everett is also charged with possession of a firearm during a crime of violence, unlawful possession of a firearm, fleeing a law enforcement officer, attempt to commit robbery while armed, conspiracy, and obstructing justice in this case.

Judge Releases All Sex Abuse, Domestic Violence Defendants During Initial Hearings

A DC Superior Court judge released all sex abuse and domestic violence defendants during their initial hearings on June 28.

In total, 29 defendants were presented before the court.

All five domestic violence defendants were charged with simple assault. Two of them were also charged with second-degree cruelty to children.

Judge Sean Staples released them all with stay away orders.

Three sex abuse defendants were also presented. They were all charged with misdemeanor sex abuse and released.

The domestic violence defendant charged with cruelty to children is scheduled to return to court on Aug. 5. Everyone else is scheduled to return on Oct. 25.

Crime Alerts: June 30-July 1

The Metropolitan Police Department (MPD) sent out six crime alerts between 9:00 p.m. on June 30 and 9:00 a.m on July 1.

A crime alert was sent out at 12:04 p.m. due to a shooting investigation in the 1600 block of Good Hope Road, SE. Police do not have information on the suspect(s).

A second crime alert was sent out at 12:44 a.m. due to a robbery in the intersection of North Capitol and Florida Avenue, NE. Police do not have information on the suspect(s).

A third crime alert was sent out at 1:29 a.m. due to a robbery investigation in the 2900 block Nelson Place, SE. Police reported the suspect was a Black male wearing a grey sweatshirt and a white sweatshirt.

A fourth crime alert was sent out at 1:47 a.m. due to a burglary in the 1400 block of Kearny Street, NE. Police identified the suspect as a Black male wearing a white shirt, dark pants and carrying a red gym bag.

A fifth crime alert was sent out at 3:39 a.m. due to an armed robbery in the 4900 block of 1st Street, NW. Police identified the suspects as two Black males wearing dark-colored sweatshirts.

A final crime alert was sent out at 5:32 a.m. due to an armed robbery in the 1400 block of Somerset Place, NW. Police identified the suspects as four Black males armed with guns who were last seen getting into an unknown vehicle.

Judge Finds Probable Cause, Holds Murder Defendant During Prelim

A DC Superior Court judge ruled that a homicide case has enough evidence to go to trial and that the defendant should remain at DC Jail.

John Philogene, 23, is charged with second-degree murder while armed for his alleged connection to the shooting of 34-year-old Evan Wood on March 27 on the 4200 block of 6th Street, SE. Woods was shot in the leg as he was running away from the shooter and died due to severe hemorrhaging, according to court documents.

During the June 30 hearing, a Metropolitan Police Department (MPD) detective testified that an eyewitness in the case has known Philogene for the past two years and would see him every day. The detective said this eyewitness said she saw the defendant shoot Woods and that, when he realized it, he put his hands to his lips and said, “shh.”

The detective also said Philogene also Facetimed the witness the next day and told her to keep quiet.

The detective said the eyewitness told him that she has used drugs before. According to the detective, the eyewitness used ecstasy night before the homicide. Ecstasy is a synthetic drug that, according to the DEA, “acts as both a stimulant and psychedelic.”

However, the eyewitness said she was sober the afternoon of the homicide.

Defense attorney Wole Falodun asked the detective if he knew when the eyewitness became sober after using the previous night. The detective said he only knows that she was sober both times she talked with him.

Judge Marisa Demeo found that the eyewitness was coherent and present. She also pointed out that the eyewitness also told MPD information that helps the defense, indicating no ulterior motive.

The prosecution argued that Philogene is a danger to the community and should remain held. Falodun, however, argued that his client’s whole support system is in DC and asked for him to be released under the High Intensity Supervision Program (HISP) on 24-hour home confinement.

Citing how Woods was reportedly running away during the shooting and the allegation that Philogene told the eyewitness to keep quiet, the judge found probable cause and decided to hold him at DC Jail.

The next hearing is scheduled for Sept. 8.

Judge Holds Two, Releases Three Domestic Violence Defendants During Initial Hearings

On June 30, a DC Superior Court judge held two domestic violence defendants and released three during their initial hearings.

There were 19 defendants presented before the court in total, 10 of whom were released.

One of the domestic violence defendants who was held is charged with assault, possession of a controlled substance and stalking.

Judge Sean Staples said his decision to hold the defendant was based on his alleged continuous violation of a stay away order from a previous case. Judge Staples reinstated the stay away order and scheduled the defendant to return to court on July 20.

The other domestic violence defendant, who was also held, is charged with attempted second-degree cruelty to children, simple assault, attempted threats to do bodily harm and obstructing, preventing, or interfering with reports or requests for assistance from law enforcement.

Judge Staples released a defendant on her domestic violence charges with a No Harassment, Assault, Threaten or Stalk (HATS) order. However, the defendant will be held until July 6, so that she can be taken to Virginia to resolve other charges.

Three other domestic violence defendants were released. They were all charged with simple assault and given stay away orders.

Judge Staples scheduled the held defendants to return to court on July 20 and 21. He scheduled the released defendants to return on Oct. 27.

Will Lawrence and Asiadee Williams wrote this article.

Arguments Continue in Murder Case

June 30 marked the second day of arguments in a motion hearing for a murder defendant who has yet to be indicted, despite having been arrested in November 2019.

Marco Powell, who is also known as Tyrell Powell, is charged with first-degree murder while armed in the death of 22-year-old Semaj Alsobrooks. Powell, 24, is accused of shooting Alsobrooks on Sept. 4, 2019, on the 3900 block of East Capitol Street, NE.

Defense attorney Jason Tulley said the prosecution violated Powell’s speedy trial rights by failing to indict him after more than one-and-a-half years of pretrial detention.

When the motion hearing began two weeks ago, the prosecution said the absence of an indictment is the result of limited grand jury availability and the complexity of the case.

In March 2020, as a response to the COVID-19 pandemic, then Chief Judge Robert E. Morin issued orders “tolling all deadlines and time limits in statutes, court rules, and standing and other orders,” according to court documents previously filed by the prosecution. The prosecution said that, unless the defendant can prove that the order exceeds the Chief Judge’s authority or is unconstitutional, he is not entitled to dismissal or release.

But, Tulley and his co-counsel, Pierce Suen, have filed a failure to indict motion as well as a speedy trial motion, requesting a dismissal of the indictment, the scheduling of an immediate trial or the release of the defendant pending trial.

During the hearing, Tulley said the prosecution “fails to provide information” and “did everything wrong.” He also pointed out that the defendants arrested after Powell have since been tried, held and released.

DC Superior Court Judge Milton Lee said he was concerned about how the prosecution has been prioritizing cases to bring in front of a grand jury.

The prosecution responded that they were trying to be efficient, indicting as many people as possible.

Judge Lee said he needed more time to go over the arguments and continued the hearing to July 20.

Judge Finds Child Sex Abuse Defendant Competent to Stand Trial

DC Superior Court Judge Julie Becker found a sex abuse defendant competent to stand trial on June 28.

The defendant is charged with first-degree child sexual abuse.

Defense attorney Bernadette Armand said she “dispute[s] the Department of Behavioral Health (DBH) report findings” and will be hiring an private expert to evaluate her client.

Judge Becker scheduled a status hearing for Sept, 24 to give her time to get an additional report.

Judge Releases Three Domestic Violence Defendants During Initial Hearings

A DC Superior Court judge released three domestic violence defendants during presentments on June 29.

In total, 21 defendants were brought before the court.

Two of the released defendants were charged with simple assault. Both were issued stay away orders and one was put on GPS monitoring. Judge Sean Staples scheduled their next hearings for Oct. 26.

The third released defendant was charged with simple assault and attempted second-degree cruelty to children.

Judge Staples issued a stay away order and allowed the defendant to retrieve his belongs from the home he shared with the alleged victim, accompanied by a police escort. He is scheduled to return to court on July 14.

Document: Vehicle Sought in Homicide

Metropolitan Police Department detectives (MPD) are investigating a homicide that occurred on June 29.

At about 9:11 p.m. police responded to the 1400 block of R Street, NW, due to reports of a shooting. Police located and identified the victim as 53-year-old Jeremy Black, who was pronounced dead on scene according to the press release.

A vehicle of interest was caught on a nearby surveillance camera.

Document: Homicide on the 3800 Block of Halley Terrace

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on June 29.

At about 1:37 p.m. police responded to the 3800 block of Halley Terrace, SE, due to reports of gunshots. Soon after, officers responded to a local hospital due to a report of a walk-in shooting victim with life-threatening injuries. The victim, 20-year-old Kenneth Cherry, was pronounced dead at the hospital, according to the press release.

Document: Victim Shot in May Succumbs to Injuries

A victim in a homicide that occurred on May 13 has succumb to their injuries.

At about 11:34 a.m. the Metropolitan Police Department (MPD) responded to the 200 block of 37^th Place, SE, due to reports of a shooting. Upon arrival, police found 31-year-old Anwar Christian with gunshot wounds and transported him to a local hospital. On June 29, Christian succumb to his injuries, according to the press release.

Crime Alerts: June 29-30

The Metropolitan Police Department sent out six crime alerts between 9:00 p.m. on June 29 and 9:00 a.m. on June 30.

A crime alert was sent out at 9:19 p.m. due to a robbery in the 3700 block of Hayes Street, NE. Police identified the suspects as three Black males in a black Hyundai Kona.

A second crime alert was sent out at 9:39 p.m. due to a shooting investigation in the 1400 block of R Street, NW. Police do not have information on the suspect(s).

A third crime alert was sent out at 12:55 a.m. due to a robbery investigation in the 2800 block of Gainesville Street, SE. Police identified the suspects as two Black males wearing all black clothing.

A fourth crime alert was sent out at 1:12 a.m. due to a shooting investigation in the 600 block of Atlantic Street, SE. Police do not have information on the suspect(s).

Another crime alert was sent out at 2:18 a.m. due to a shooting investigation in the 600 block of Atlantic Street, SE. Police do not have information on the suspect(s).

A final crime alert was sent out at 7:28 a.m. due to a shooting investigation at Chesapeake and Barnaby Street, SE. Police identified a gold sedan occupied by two males.

Document: Vehicle of Interest Sought in Homicide

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on May 19.

At about 10:09 p.m., police responded to the 1800 block of Q Street, SE, due to sounds of gunshots. The victim, 65-year-old Ella-Mae Neal, was pronounced dead on scene, according to the press release.

Nearby surveillance captured a video of a vehicle of interest related to the homicide, according to the press release.

Prelim for Murder Defendant Pushed to Late July

A DC Superior Court judge continued a June 28 preliminary hearing, which was scheduled to determine if a homicide case has enough evidence to go to trial, after the defense attorney said she recently received evidence the night before the proceeding.

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

Defense attorney Rachel Cicurel said the prosecution submitted additional evidence the night before the preliminary hearing, which gave her little time to prepare.

The additional evidence included the name of a juvenile who Cicurel said also matched the description of the shooter and who lived near Spencer.

The prosecution said they sent the evidence as soon as they obtained it, and did not purposely withhold it.

Due to Spencer having been held at DC Jail since his initial hearing in March and the delay in turning over evidence, Cicurel asked Judge Marisa Demeo to release her client under the High Intensity Supervision Program (HISP).

Judge Demeo denied the request out of concern for the community’s safety, but agreed that Spencer should be allowed to have his preliminary hearing “as soon as possible.” She scheduled the hearing to take place on July 23.

Lizzie Brennan and Will Lawrence wrote this article.

Domestic Violence Defendant Accepts Plea

A domestic violence defendant pleaded guilty to assault and gun charges.

According to the proffer of facts, on Dec. 6, 2020, Lawrence Day chased and fired shots at his girlfriend following an argument.

Day, 28, pleaded guilty to felony charges for assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction during the June 29 hearing.

Judge Judith Smith scheduled Day to be sentenced on Sept. 24.

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