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.

Defendant Pleads Guilty to Murder

A defendant charged in connection with a 2019 homicide resolved his case with a plea deal on July 20.

Vaughn Kosh pleaded guilty to second-degree murder while armed for shooting 38-year-old Alayna Howard in her apartment on the 1700 block of Capitol Street, NE, on Dec. 7, 2019. He also pleaded guilty to assault, aggravated assault while armed and assault with a dangerous weapon for attacking members of Howard’s family.

According to court documents, the plea deal includes an agreement between Kosh and the prosecution that 15-20 years is an appropriate sentence for all the charges.

According to the proffer of facts, at about 5:14 a.m., the 49-year-old defendant forced open the door to Howard’s apartment, which was next door to his, and had a brief verbal altercation with a man before shooting him. The man fled outside the building and called the police.

When Metropolitan Police Department (MPD) officers arrived on scene, they heard shots from inside the building. Kosh shot at Howard and her relative, killing Howard and wounding the other woman, according to the proffer of facts.

Later that morning, after receiving a warrant, officers entered Kosh’s apartment and found a .25 caliber handgun hidden beneath the cushions of an ottoman and two live rounds of ammunition in the toilet.

Kosh had an ongoing dispute with the male victim and had previous altercations with him. Kosh said that Howard did not clean her apartment, which caused odor and infestation issues in his. He also said that the male victim had broken into his apartment on multiple occasions.

Kosh said that he fired at Howard because she was the cause of the problems. He also said that he felt remorse for his actions but that Howard and the other victims had pushed him too hard for too long.

Kosh was initially charged with first-degree murder while armed, and was indicted last December. As a part of the plea deal he made, his charges of possession of a firearm during a crime of violence, assault with intent to kill while armed, assault with a dangerous weapon, first-degree burglary while armed and unlawful possession of a firearm will be dismissed.

Judge Marisa Demeo scheduled Kosh to be sentenced on Oct. 8.

Sex Abuse Defendant Pleads Out

A defendant initially charged with first-degree sexual abuse pleaded down to misdemeanor sex abuse.

On the morning of April 8, 2020, police responded to the 1700 block of V Street, SE, due to a report of a sexual assault, according to court documents. The victim told police that the defendant, Darius Robinson, sexually assaulted her. Robinson was later arrested after admitting his crime via text message to the victim.

Robinson is currently released into the High Intensity Supervision Program (HISP). Defense attorney Wole Falodun asked Judge Marisa Demeo to take his client off home confinement so he can see his children, but she declined the request.

Judge Marisa Demeo scheduled Robinson to be sentenced on Oct. 1.

One Domestic Violence Defendant Held During Presentments

A DC Superior Court judge released two domestic violence defendants and held one during presentments on July 19.

A total of 41 defendants were presented before the court.

A domestic violence defendant was charged with four counts of simple assault. He was held due to the seriousness of the accusations and given stay away orders. He is scheduled to return to court on Aug. 3.

Two domestic violence co-defendants were charged with cruelty to children. Judge Renee Raymond said officers arrived at their home for a welfare check and found locks on the cabinets and refrigerator along with multiple marks on the children. One of the defendants said that the locks were there to discipline the children after one of them ate cake out of a neighbors trash bin.

Judge Raymond released the two defendants and issued stay away orders from their children and anyone younger than 16-years-old. They are scheduled to return to court on Nov. 1.

Defendant Charged in 2 Homicides Receives Plea Offer

A DC Superior Court judge continued a murder defendant’s hearing after the prosecution put a plea offer on the record.

Rasheed Young is charged with second-degree murder while armed in the shooting of 39-year-old Ronald William Richardson, Jr. on May 20, 2018, on the 2300 block of 4th Street, NE. The 43-year-old is also charged with first-degree murder while armed in the shooting of 26-year-old Cedric Rogers on June 11, 1996, on the 300 block of Franklin Street, NE.

Young picked up both of these cases in December 2020.

During the July 19 hearing, Young’s attorney, Dorsey Jones, said his client needs time to think about the prosecution’s offer.

Judge Marisa Demeo scheduled another hearing for Sept 9.

Jones motioned to withdrawal as counsel back in May, but Judge Demeo did not rule on it during the hearing.

Judge Continues Hearing for Sex Abuse Case

A DC Superior Court judge continued a status hearing in a sex abuse case.

The defendant is charged with first-degree sexual abuse while armed for allegedly forcing a woman to perform oral sex on him at gunpoint on Jan. 27, 2006, on the 1900 block of 9th Street, NW.

The 44-year-old picked up the case in May 2020.

According to court documents, defense counsel did not show up to the July 19 hearing.

Judge Milton Lee scheduled the next status hearing for Aug. 11.

Judge Finds Defendant Competent to be Sentenced

A DC Superior Court judge found a defendant charged in connection with a 2008 homicide competent to be sentenced.

In 2015, Joshua Massaquoi was initially charged with first-degree murder while armed in connection with the shooting of 21-year-old Michael Francis Taylor on June 22, 2008, on the 600 block of Farragut Street, NW. The 33-year-old defendant ultimately pleaded guilty to conspiracy to commit murder, accessory to second-degree murder and possessing a firearm during a crime of violence.

During the July 19 hearing, Judge Milton Lee said that Massaquoi’s most recent evaluation found him competent to be sentenced. Parties did not object.

The defendant was on home confinement waiting to be sentenced until March 2021, when a bench warrant was issued for his arrest and he was taken to St. Elizabeth’s Hospital, DC’s psychiatric institution, where he is now being held D.C. Witness previously reported.

Defense attorney Matthew Davies asked Judge Lee to release Massaquoi from the hospital so he can participate in a life-skills program. The prosecution objected to this request, citing multiple threats Massaquoi allegedly made while on home confinement, including toward President Joe Biden and the Department of Defense.

Judge Lee denied this request, saying that Massaquoi’s mental health should improve more before he is released. The defendant will remain at St. Elizabeths as he awaits his next hearing, which is scheduled for July 22.

A jury found Mason Binion, 34, guilty of first-degree murder while armed in connection with Taylor’s death in February 2020. He is currently waiting to be sentenced. Victor Carvajal, 34, was also charged with first-degree murder while armed, but his case was later dismissed.

Defense Seeks Independent Competency Evaluation for Convicted Murder Defendant

A DC Superior Court judge ordered a competency exam for a defendant’s murder case as well as the one he picked up after allegedly escaping St. Elizabeths Hospital, DC’s psychiatric institution. The defense is also seeking an independent competency evaluation.

Bernard Coleman III pleaded guilty to voluntary manslaughter while armed for shooting his 43-year-old father, Bernard Coleman Jr., on March 17, 2017. The 28-year-old defendant was awaiting sentencing at St. Elizabeths when, on Oct. 3, 2020, he allegedly escaped. Coleman was apprehended five days later after he and another suspect allegedly robbed a man, tasered him, stabbed his hands and left him handcuffed in a basement for three hours on the 400 block of Chaplin Street, SE. He is now facing armed kidnapping charges.

The following February, Coleman was found competent in both of his cases, but the defense said they want to hire an independent expert to evaluate him. During the July 19 hearing, defense attorney Janai Reed told Judge Michael Ryan they are in the process of admitting a neuropsychologist.

Judge Ryan scheduled another competency examination so the court would not have to proceed using a six-month-old report, saying competency is the type of thing that fluctuates easily.

Judge Ryan scheduled the next hearing for Sept. 16.

Judge Holds Four Domestic Violence Defendants During Presentments

A DC Superior Court judge held four domestic violence defendants during presentments on July 17.

Thirty defendants were presented in total.

One domestic violence defendant is charged with simple assault and assault on a police officer. After learning that she also has another misdemeanor case currently open, Judge Steven Wellner decided to hold her.

Two domestic violence defendants are charged with contempt for allegedly violating release orders in previous domestic violence cases. These alleged violations prompted Judge Wellner to hold them both. Their other charges include simple assault and second-degree theft.

These defendants are scheduled to return to court on Aug. 3.

Another domestic violence defendant is charged with simple assault. He was granted release in this case, but was held due to a fugitive case. He has an extradition hearing scheduled for Sept. 8.

Two other domestic violence defendants were also charged with simple assault. They were both released with stay away orders and are scheduled to return to court on Nov. 5.

Forensic Biology Analyst Testifies at Murder Trial

A forensic scientist testified during July 16 proceedings in a murder trial.

Nyekemia Everett, 35, and Malik Hewitt, 41, are charged with first-degree murder while armed in the shooting 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 prosecution called forward a forensic biology analyst from Bode Technology, who testified that the presumptive test she conducted on a jacket worn by one of the defendants tested positive for having blood on it.

During cross-examination, the defense questioned the test’s reliability since it was presumptive. They asked questions specifically about the process, her direct role, if there was a possibility that the test could come back as a false positive and if the blood may have belonged to an animal.

Judge Neal Kravitz said the prosecution will finish their case on July 19.

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