A DC Superior Court judge continued a March 10 sentencing hearing in a domestic violence case.
Jamell Sanders pleaded guilty to assault with a dangerous weapon in March 2020.
Judge Michael O’Keefe scheduled a new sentencing hearing for April 1.
Brennan Fiske wrote this article.
A DC Superior Court judge scheduled trial dates for two co-defendants charged in connection with a 2017 homicide.
Antonio Upshaw, 31, and Gabriel Brown, 33, are charged with first-degree murder while armed in the shooting of 24-year-old Tyrone Johnson during an alleged robbery gone wrong on March 10, 2017, on the 2300 block of Pennsylvania Avenue, SE.
Upshaw has been held since December 2017.
“Arrested over three years ago for an incident that happened over four years ago,” said Upshaw’s attorney, Ronald Resetarits, “I would like a lock in a trial date.”
Brown has been held since March 2019.
Judge Danya Dayson granted his attorney, Kevin Irving’s, motion to withdraw as counsel during the March 10 hearing.
The two are also charged with armed robbery, possession of a firearm during a crime of violence, armed carjacking, and unauthorized use of a vehicle. Upshaw is additionally charged with carrying a pistol without a license outside a home or business. Brown is also charged with conspiracy while armed.
Judge Dayson scheduled the trial for Nov. 2 through 22, 2022. She also scheduled a trial readiness hearing for Aug 16.
Sarah Gebrengus wrote this article
Even though the month was only 29 days long, the total number of homicides that occurred in February in the District of Columbia exceeded the total amount of homicides in December of 2020.
According to D.C. Witness data, there were 15 homicides in February, three less than the total count in January, but two more than the total count for December 2020.
Data shows that 73% of the homicides in February resulted from gun violence.
The ward that saw the most amount of homicides was Ward 7 was nearly 50 percent of the homicides for the month. In January, Ward 7 accounted for two homicides.
Officers from the Metropolitan Police Department arrested five suspect for homicides in February. The suspects include:
DC Superior Court Judge John Campbell scheduled a plea hearing date for a domestic violence defendant.
The defendant is charged with assault with a dangerous weapon, kidnapping and threat to kidnap or injure a person. The defendant received those charges in December 2020.
The plea hearing is scheduled for April 5, 2021.
During initial hearings on March 9, DC Superior Court Judge Lloyd Nolan held a first-degree murder defendant.
In total, there was one homicide defendant and four domestic violence defendants presented before the judge.
Rashon Hall is charged with first-degree murder while armed in the shooting of 22-year-old Joseph Simmons on Jan. 3. It was the second homicide to be reported in DC in 2021.
According to the police report, Hall, 25, allegedly shot Simmons from behind at 11:23 a.m. on the 2800 block of Alabama Avenue, SE.
Defense counsel asked the judge not to find probable cause, saying that there is a lot of information about the car that was involved in the shooting but nothing that truly identifies the shooter. According to one of the witnesses, the suspect was a Black male with dreadlocks, but Hall has twists, which defense attorney Dana Page said are quite different.
The prosecution asked the judge to find probable cause citing the cell site data that was collected using Hall’s phone number, which allegedly follows the path of the shooter on Jan. 3.
The judge did find probable cause, though he admitted the description of the suspect was very vague. However, he said the description of the car, including a partial license plate number, was found to be connected with Hall.
Additionally, another witness came forward and said he helped Hall spray-paint the car sometime after the offense occurred.
Judge Nolan decided to hold Hall pending his next hearing given the nature of the crime and because Hall is on pretrial release for another firearms offense.
Hall’s next hearing is scheduled for March 31.
A domestic violence defendant, charged with destruction of property and violation of a Temporary Protection Order (TPO) was also held because he was unable or unwilling to agree to the terms of release.
The defendant appeared via WebEx video from the Central Cell Block (CCB).
During the hearing, the judge and defense counsel both tried to speak to the defendant regarding staying away from the alleged victim and following the TPO, but he was unresponsive. Defense counsel said that he was in compliance with his parole conditions, but the judge said he was unwilling to release him if he could not be confident that he would follow orders.
The defendant’s next hearing is scheduled for March 30. Defense counsel also requested a forensic screening for the defendant.
Finally, three additional domestic violence defendants were released to return back to court on Aug. 10. Their charges involved simple assault, destruction of property, attempted second-degree theft and contempt. In addition to reporting to the Pretrial Services Agency (PSA), they were all given stay-away orders from the complainants in their cases.
A DC Superior Court judge continued a hearing for an 18-year-old homicide defendant to late July to see if COVID-19 restrictions would be lifted, allowing more courtroom availability.
Malik Holston is charged with first-degree murder while armed in the death of 15-year-old Gerald Watson. On Dec. 13, 2018, Watson was found on the 2900 block of Knox Place, SE with 17 gunshot wounds. Holston was 16 at the time of his arrest.
During the March 9 proceedings, Judge Danya Dayson suggested that parties schedule another hearing because the earliest trial date they could set was not until October of 2022. Parties agreed to wait.
In the meantime, a trial readiness hearing is scheduled for July 26.
Holston is also charged with possession of a firearm during a crime of violence and carrying a pistol without a license in this case.
A DC Superior Court judge scheduled trial dates for a homicide defendant after the defense attorney expressed concern over how long his client would have to wait for one.
Barry Marable is charged with first-degree murder while armed in the death of 22-year-old Roger Marmet. On Oct. 24, 2018 , Marmet was found in a vehicle on the 1200 block of 17th Street, NE suffering from an apparent gunshot wound. He was transported to a nearby hospital, where he succumbed to his injuries.
During the March 9 hearing, Judge Danya Dayson suggested that parties schedule another hearing to wait to see if COVID-19 restrictions are lifted, which would open up more courtrooms. Judge Dayson said if parties decided not to wait the earliest trial date they could set at this time would be October 2022.
Defense attorney Roderick Thompson said he wanted the soonest possible date for his client but could not risk continuing the hearing only to be pushed back into 2023. He also expressed concerns that if they take the October slot, others who opted to wait to see if COVID-19 restrictions lifted might take a sooner date.
Marable has eight additional charges which consist of possession of a firearm during a crime of violence, assault with intent to kill while armed, assault with intent to kill, carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition.
Judge Dayson scheduled the trial for Oct. 5 through Nov. 2, 2022. She also scheduled a trial readiness hearing for July 26.
DC Superior Court Judge Maribeth Raffinan sentenced a defendant to time served after he resolved his two domestic violence cases with a global plea deal.
Baker Eveiton picked up the first of these cases in March 2020, when he was charged with felony contempt and threat to kidnap or injure a person. The following month, he picked up a new case on misdemeanor charges of contempt, possession of an open container of alcohol or public intoxication and unlawful entry, although a judge did not find probable cause for the contempt charge.
During a status hearing on March 9, Eveiton accepted the prosecution’s plea agreement. He pleaded down to unlawful entry in his first case, and his second case was dismissed.
Eveiton is required to pay $50 to the Victims of Violent Crime (VVC) compensation fund.
A DC Superior Court judge scheduled a trial date for a murder case.
Thirty year-old Tondrick Murphy is charged with first-degree murder while armed in the death of 26-year-old Marquis Jones. On Oct. 6, 2018, Jones was found on the 2900 block of Martin Luther King Jr. Avenue, SE suffering from multiple gunshot wounds. He was pronounced dead on the scene.
During the March 8 hearing, defense attorney Ronald Resetarits said Murphy has been held on this case for 28 months and requested for the earliest possible trial date.
Parties agreed that the trial would take about nine days.
After parties struggled to secure trial dates for the homicide matter, Judge Danya Dayson scheduled another trial readiness hearing. The trial is scheduled to take place April 11 though April 29, 2022.
Murphy is also charged with possession of a firearm during a crime of violence and unlawful possession of a firearm in this case.
A DC Superior Court judge issued a bench warrant for a defendant charged with misdemeanor sex abuse and simple assault after he failed to appear in court.
During the March 9 hearing, defense attorney Kyle McGonigal said he has not been able to get in touch with his client. The pretrial services agency (PSA) reported that he is a loss of contact with them as well.
Judge Steven Wellner asked if there was anything more that either of them can do to try and reach him.
McGonigal said he can try to contact a relative. However, having limited confidence that this will be a successful effort, Judge Wellner decided to grant the prosecution’s request for a bench warrant.
The warrant won’t be executed at this time due to a moratorium on the execution of certain misdemeanor bench warrants that has been put in place due to the COVID-19 pandemic.
Judge Wellner told McGonigal that if he can get his client to court in the meantime, they can try to resolve the bench warrant before it ever has to be executed.
Metropolitan Police Department (MPD) detectives are asking for the public’s help identifying and locating a suspect in connection with a first-degree sexual abuse while armed offense that happened on March 8.
At around 10:02 p.m. that day, the suspect approached the victim on the 2000 block of Martin Luther King Jr. Avenue, SE. He then brandished a knife and tried to engage in an unwanted sexual act with the victim, according to a press release. The victim was able to flee and alert police.
“The suspect is described as a Black male armed with a knife,” the press release states. “He is between 5’10” and 6’2” tall with a medium build. He was last seen wearing all black clothing.”
Between 9:00 p.m. on March 8 and 9:00 a.m. on March 9, the Metropolitan Police Department (MPD) sent out two crime alerts.
An alert was sent at 5:44 a.m. for a robbery on the 2700 block of Bruce Place, SE. Police are looking for three suspects. One of the suspects is wearing a red coat, one is wearing a yellow coat and one is wearing a black coat.
The second alert was sent at 2:08 a.m. for a robbery snatch on the 2500 block of 1st Street, NW. Police are looking for a silver or gray Nissan Altima occupied by three Black males. It was last seen headed north.
A DC Superior Court judge continued a status hearing to give defense counsel time to contact the case judge about his motion to withdraw.
In February 2020, a jury found 34-year-old Mason Binion guilty of first-degree murder while armed in the shooting of 21 year-old Michael Francis Taylor on the 600 block of Farragut Street, NW on June 22, 2008.
Binion is being held at DC Jail as he waits to be sentenced. He was scheduled for a remote sentencing in October due to the COVID-19 pandemic. However, Binion did not consent to be sentenced via video-conference, and he has the legal right to be sentenced in person.
A new sentencing date has not been scheduled yet.
During the March 8 proceedings, defense attorney Kevin Irving told Judge Robert Okun about the motion to withdraw, which he filed last month.
Judge Okun decided to continue the hearing to April 8 to give Irving time to contact the case judge, Judge Ronna Beck, about the motion.
According to the motion, Binion requested that Irving withdraw and refused to speak to him further.
Binion’s former co-defendant, Victor Carvajal was also charged with first-degree murder while armed in connection with the homicide but his case was dismissed the day before opening statements.
Joshua Massaquoi, another person charged in the case, pleaded guilty to conspiracy to commit murder, carrying a pistol during a crime of violence and accessory to second-degree murder.
He is currently released under home confinement. He has a hearing scheduled for April 29.
Sasha Ridenour wrote this article.
A DC Superior Court judge scheduled trial dates for a defendant charged with a double homicide.
Thirty-five year-old Alonzo Lewis is charged with two counts of first-degree murder while armed for his alleged connection in the deaths of Jaquon Helm, 40, and Venius Badgett, 35. On May 26, 2018, Helm and Badgett were found on the 4600 block of Galveston Street, SW suffering from multiple gunshot wounds. Helm was pronounced dead on scene. Badgett was taken to a nearby hospital, where she succumbed to her injuries.
During the March 8 hearing, parties discussed how long they estimated the trial would take.
Judge Danya Dayson scheduled the trial to take place from May 18 through 27, 2022. She also decided to schedule another hearing for June 15 to go over motions and resolve any remaining issues.
Outstanding motions are due on April 5.
Judge Dayson said that, in the past, the court has been flexible with rough estimates for trial length, but since the COVID-19 pandemic has greatly backlogged the system, the court no longer has that flexibility.
Lewis has five additional charges that include possession of a firearm during a crime of violence, assault with intent to kill while armed against a minor, and unlawful possession of a firearm.
On March 8, a DC judge rejected defense counsel’s motion to suppress identifications made by two officers in relation to a juvenile who is charged with murder.
The juvenile is charged with first-degree murder while armed for allegedly shooting 36-year-old Antonio Gardiner on July 4, 2020. The juvenile is currently being held under the supervision of the Department of Youth Rehabilitation Services (DYRS).
During the hearing on March 8, defense counsel provided additional arguments about suppressing the second identification that occurred on Feb. 9 by the same two officers who identified the juvenile on July 4.
During arguments, defense counsel made many of the same points, saying the ID process was suggestive and unreliable, re-stating some testimony from Feb. 22.
The prosecution said the two officers’ relationships with the juvenile are very similar to having a neighbor where you may not recall specifically when you last saw them, but you know them by name and would recognize them if you saw a picture or video of them.
Once she heard arguments from both parties, DC Superior Court Judge Andrea Hertzfeld said she found the “identifications in this case could not be more reliable.”
Judge Hertzfeld acknowledged that some inconsistencies were brought to light through the additional testimony from other MPD officers, but she said it is clear that the officers know the juvenile and were not persuaded to identify the juvenile when they reviewed the video footage on July 4, 2020, or the additional video footage on Feb. 9.
Additionally, she ruled on the motion from the defense to not join the juvenile’s pending homicide cases at trial.
She said the two cases arise from facts that would allow joining, but the juvenile has agreed to a virtual trial in his other case but not case for Gardiner’s homicide.
Judge Hertzfeld said both cases would be delayed if they were joined.
The judge scheduled the next hearing in both cases for April 15 with a tentative remote trial start date of May 3 for the other case.
Darnell Rackett is charged with second-degree murder while armed in Gardiner’s death. He is scheduled for a mental observation hearing on March 30.
He is being held at the DC Jail without bail.
Read D.C. Witness’ previous articles on this case.
Krystin Roehl wrote this article
