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Judge in Murder Case Grants Defense’s Motion for Subpoena Power

A DC Superior Court judge granted a defense attorney’s request for power to obtain evidence in a homicide case.

Deon Walters, Jr is charged with first-degree murder while armed in the death of 42-year-old Arthur Daniels, IV on Oct. 1, 2020, on the 6200 block of 8th Street, NW. The 18-year-old defendant is accused of shooting Daniels while committing or trying to commit a robbery.

In his written motion, defense attorney Ronald Resetarits requested the ability to obtain all document records and video footage. The data the attorney requested included data from phone records and information from the defendant’s iCloud account. Resetarits requested the information by the next hearing, which is scheduled for Oct. 25.

During the June 1 hearing, Resetarits said the prosecution presented evidence from his client’s iCloud and cell phone data in a prior hearing, which he wants to access.

Judge John Campbell decided not to rule on the motion, advising Resetarits to ask the trial judge, Judge Neal Kravitz, to make a ruling

Later that day, Judge Kravitz granted the motion, according to court documents.

Man Sentenced to Serve 6 Months for Attempted Assault with a Dangerous Weapon

A DC Superior Court judge sentenced a domestic violence defendant to serve six months for attempted assault with a dangerous weapon. 

John Doughty was initially charged with assault with a dangerous weapon and possession of a high capacity feeding device before he took a plea deal in April.

Judge Rainey Brandt sentenced Doughty to two years, with all but six months suspended, and 18 months of supervised probation.

During the June 1 proceeding, Doughty repeatedly said that the way he acted was out of his typical character. He repeatedly told the judge “that wasn’t me.”

The judge agreed.

The defendant has no criminal history, and his friends and family wrote letters to the court on his behalf.

“Since I’ve been [in jail,] I’ve been getting back in touch with God,” said Doughty, who has been detained since his initial hearing in January. He promised Judge Brandt that she would never see him again.

As part of his probation, the defendant must not possess firearms or dangerous weapons and stay away from the victims. He must also register as a gun offender.

Homicide Defendant Rejects Plea Deal

On June 1, a murder defendant rejected a plea offer.

Diquan Lucas is charged with second-degree murder while armed in the shooting of 33-year-old Brian Tyrell Butler on Nov. 21, 2019, on the 2300 block of Ainger Place, SE. 

The prosecution’s offer would have allowed Lucas to plead down to a lesser charge of voluntary manslaughter while armed. The prosecution would have also requested a sentence of eight to nine-and-a-half years.

According to court documents, on the evening of the homicide, the Metropolitan Police Department (MPD) responded to the 200 Block of Ainger Place, SE, where they found Butler unconscious and not breathing. He had sustained four gunshot wounds. 

Lucas, 24, was arrested the following December.

DC Superior Court Judge Lee Milton scheduled the defendant’s next hearing for Aug. 2.

The case has yet to be indicted. Judge Lee asked the prosecution to give an update on their progress towards returning an indictment when they reconvene. 

Judge Holds Sole Domestic Violence Defendant During Initial Hearings

During initial hearings on May 28, DC Superior Court Judge Shelly Mulkey presided over 21 defendants, holding one defendant charged in a domestic violence case.

Judge Mulkey held a female defendant who is charged with violating bail by failing to appear in court. The defendant was also brought in on three bench warrants for failing to appear at her hearings in her pending domestic violence cases. 

Her underlying charges in those cases include simple assault, attempted threats to do bodily harm, attempted possession of a prohibited weapon and bail violation.

Judge Mulkey decided to hold the defendant because of her prior bench warrant history, her bail case and her alleged noncompliance with reporting conditions in her other cases.

The defendant will be held at the jail until she can be seen by the presiding judge on June 15.

The judge also presided over one sex abuse case. The defendant is charged with second-degree child sex abuse for allegedly touching two children under the age of 18 inappropriately in their home.

Judge Mulkey said she felt the weight of the evidence in the case is strong, but she acknowledged the defendant has no prior criminal history at all. She released him with orders to stay away from the two alleged victims, their home and all minor children.

His next court date is scheduled for Dec. 1.

Crime Alerts: May 31-June 1

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on May 31 and 9:00 a.m. on June 1.

The most recent alert was sent at 11:10 p.m. for a shooting at the intersection of Benning Road and G Street, SE. Police do not have a description of the suspect(s).

The second alert was sent at 9:30 p.m. for a confirmed shooting on the 1400 block of L Street, SE. Police do not have a description of the suspect(s) in this case, either.

Document: Homicide in Southeast, DC

Metropolitan Police Department (MPD) detectives are investigating a homicide that happened on May 31.

At around 8:54 p.m. that day, officers responded to the 1400 block of L Street, SE for the report of a shooting, according to a press release.

There, they found 40-year-old Frank Winchester suffering from a gunshot wound. He was pronounced dead at a local hospital.

Document: Police Investigate Homicide on Sheridan Street

The Metropolitan Police Department is investigating a homicide that occurred on the 100 block of Sheridan Street, NE on May 27.

According to a press release, officers found 39-year-old Bret Desmarteau, a resident from Baltimore, Md., suffering gunshot wounds. The victim was pronounced dead at a local hospital.

Anyone with information about this homicide or any other homicide in Washington, DC can contact the police by calling 202-727-9099. Anonymous information can be sent to the department’s text tip line — 50411. Up to a $25,000 reward is being offered for information that leads to an arrest and conviction of the person(s) responsible.

Judge Holds Homicide Defendant During Initial Hearings

During initial hearings on May 27, DC Superior Court Judge Shelly Mulkey held a homicide defendant and two domestic violence defendants.

Aaron Kenon, 43, is charged with second-degree murder while armed for allegedly stabbing 29-year-old Keith Frye on the 400 block of 8th Street, SE on May 8.

Defense counsel requested the judge to not find probable cause, saying it is clear from video evidence that Frye, not Kenon, was the aggressor and punched Kenon three times before he allegedly stabbed Frye . She argued there may be probable cause for voluntary manslaughter but not for second-degree murder.

Judge Mulkey did find probable cause. She said she was unwilling to find substantial probability for the charge. 

Defense counsel requested Kenon’s release, noting his significant ties to the community, including the many years he has worked at Eastern Market. She also noted that Kenon’s criminal history is mostly dated with more recent convictions being “very minimal” misdemeanors.

Judge Mulkey decided to hold the defendant, however.

She said she considered his ties to the community, but she is concerned about the behavior outlined in the case as well as 11 bench warrants that have been issued for his arrest in the past, 10 prior convictions and the weight of the evidence in the case.

Kenon’s next hearing is scheduled for June 16.

Judge Mulkey also held a defendant charged with simple assault, second-degree theft, destruction of property and attempted possession of a prohibited weapon. The defendant has another pending domestic violence case which involves the same complaining witness, which he was also previously given a stay away order.

The judge decided to hold him pending his next hearing on June 16.

The judge also held one a defendant who is charged with simple assault.

Because he is pending trial in another domestic violence case, Judge Mulkey said she was concerned the defendant would not follow court orders.

His next hearing is scheduled for June 15.

Three additional defendants were released with orders to return to court on Nov. 30. Their charges include simple assault, destruction of property and sexual abuse. All three defendants were given orders to stay away from the alleged victims throughout the duration of their cases.

Crime Alerts: May 27-28

Between 9:00 p.m. on May 27 and 9:00 a.m. on May 28, the Metropolitan Police Department (MPD) sent out two crime alerts.

The most recent alert was sent at 2:39 a.m. for a shooting on the 1900 block of 9th Street, NW. Police are looking for a white Mercedes bearing unknown Maryland tags occupied by a Black male with long dreadlocks and a Black female with long black hair. They were last seen driving east on the 800 block of Florida Avenue, NW.

The second alert was sent at 9:21 p.m. for a robbery on the 1100 block of Howard Road, SE. Police are looking for two Black males. One of the suspects has a slim build and is wearing purple shorts and a grey shirt. The second suspect is wearing a white shirt and black pants.

Judge Releases Domestic and Sex Abuse Defendants During Initial Hearings

During initial hearings on May 26, DC Superior Court Judge Shelly Mulkey released three domestic violence defendants and a sex abuse defendant.

There were 24 defendants presented before the court. In total, there were three domestic violence defendants and a sex abuse defendant, and the judge decided to release all of them.

One of the defendants is charged with two separate misdemeanor cases, both involving sexual abuse. 

Judge Mulkey released the defendant with orders to stay away from two locations.

“I’m not doing that,” the defendant responded, indicating he would not follow the judge’s orders. The judge warned the defendant that if he does not follow the orders, he would be charged with contempt and held at the jail the next time he is brought in.

The three domestic violence defendants are all charged with simple assault. They were given stay-away orders from the alleged victims and told to report to the Pretrial Services Agency (PSA) once a week by phone.

All of the released defendants were given court dates of Nov. 30.

Crime Alerts: May 26-27

The Metropolitan Police Department (MPD) sent out six crime alerts between 9:00 p.m. on May 26 and 9:00 a.m. on May 27.

The most recent alert was sent at 7:34 a.m. for a shooting investigation at the intersection of 14th and Irving Street, NW. Police are looking for a silver and grey Mustang with Maryland tags 4EH2022.

An alert for an armed robbery was sent at 11:47 p.m. on the 400 block of Xenia Street, SE. Police are looking for a Black male with a slim build, wearing a brown shirt, black pants with white stripes on the side, white shoes and a black ski mask.

Another alert for a robbery was sent at 11:09 p.m. on the 1200 block of U Street, NW. A possible suspect is in custody.

An alert was sent at 10:48 p.m. for a shooting on the 3200 block of D Street, SE. Police do not have a description of the suspect(s).

An alert was sent at 9:39 p.m. for a stabbing investigation on the 5300 block of Georgia Avenue, NW. Police are looking for a Black male wearing all dark clothing on a scooter.

The final alert was sent at 9:31 p.m. for a shooting at the intersection of Stanton Road and Trenton Place, SE. Police do not have a description of the suspect(s).

Document: Police Arrest Suspect in Homicide

Detectives from the Metropolitan Police Department arrested May 26 a suspect for a murder that took place earlier in the month.

According to the press release, 43-year-old Aaron Kenon, a resident of Southwest, DC, was arrested for second-degree murder while armed.

He allegedly stabbed 29-year-old Keith Frye, a resident of southeast DC on the 400 block of 8th Street, SE on May 8.

Judge Sets Hearing to Select Trial Dates in Murder Case

A DC Superior Court judge set another status hearing date in a homicide case with two defendants. 

Stephon Evans, 20, and his codefendant Kewon Hunter, 21, are charged with first-degree murder while armed for their alleged role in the shooting of 21-year-old Dion DeMarco Boyd on July 30, 2018, on the 1400 block of Maryland Avenue, NE. Evans and Hunter are also charged with conspiracy while armed, possession of a firearm during a crime of violence and carrying a pistol without a license.

During the May 26 hearing, Judge Milton Lee explained that it was difficult for him to set a trial date at this time. He said that any trial dates scheduled today would likely be moved in the near future to make way for older cases. 

Defense attorney Jesse Winograd said that scheduling a status hearing for August would allow them to then pick a trial date in 2022 when more court resources are available. 

A status hearing is scheduled for Aug. 30. 

Brennan Fiske wrote this article. 

Judge Hears Five Domestic Violence Cases During Initial Hearings

During initial hearings on May 25, DC Superior Court Judge Shelly Mulkey held one domestic violence defendant.

Overall, there were 23 defendants presented before the court, and five of these cases were domestic violence related.

The one defendant held was brought in on two separate domestic violence cases. In one case, he is charged with contempt and no permit, and the other he is charged with contempt, obstruction of justice, simple assault and attempted threats to do bodily harm.

The defendant also has two pending domestic violence cases, and they all involve the same complaining witness. 

The prosecution requested the defendant be held, saying his behavior has been escalating toward the alleged victim. In his pending cases, he allegedly punched and choked the victim and has reportedly violated the stay-away order from the victim several times. In one of his new cases, he allegedly assaulted the victim and threatened to kill her.

Judge Mulkey said she is concerned for the victim’s safety, so she decided to hold the defendant pending his next hearing, which is scheduled for June 15.

The remaining domestic violence defendants have charges of violation of a Civil Protection Order (CPO), unlawful entry, simple assault, attempted threats to do bodily harm and attempted possession of a prohibited weapon.

Three of the four defendants were given stay-away orders from the complaining witnesses while one was ordered not to harass, assault, threaten or stalk (HATS) the victim. Two of the defendants were also ordered to have GPS monitoring devices installed.

Their next hearings are all scheduled for Nov. 30.

Crime Alerts: May 25-26

The Metropolitan Police Department (MPD) sent out five crime alerts between 9:00 p.m. on May 25 and 9:00 a.m. on May 26.

The most recent alert was sent at 3:07 a.m. for a stabbing on the 1100 block of Allison Street, NW.

An alert for a shooting was sent at 2:24 a.m. on the 2200 block of MLK Avenue, SE. Police do not have a description of the suspect(s).

An alert was sent at 12:32 a.m. for an armed robbery on the 2400 block of Alabama Avenue, SE. Police are looking for a Black male with a medium complexion with a bald head and wearing a white shirt. The suspect was driving a silver Toyota Camry with dark tinted windows and damage on the right side.

Another alert for a robbery was sent at 11:51 p.m. on the 1700 block of Montana Avenue, NE. Police are looking for a thin, Black male with a dark complexion, 5’10” in height, wearing all black clothing.

The final alert was sent at 9:23 p.m. for a confirmed stabbing on the 1200 block of L Street, NW. There is no lookout.