Judge Finds Probable Cause in Homicide Case

A DC Superior Court judge ruled that a homicide case has enough evidence to go to trial.

Jean Kearney is charged with second-degree murder while armed in the shooting of 33-year-old Dontra Harris on April 5 on the 1800 block of 24th Street, NE. He is also charged with assault on a police officer while armed.

A Metropolitan Police Department (MPD) detective testified during the Aug. 13 hearing.

The prosecution showed surveillance footage of a man alleged to be Kearney riding a motorcycle near the crime scene before the homicide. The man on the motorcycle was following a car matching the one belonging to Harris. The detective said that an identical motorcycle was found in Kearney’s residence.

Shortly after the man alleged to be Kearney was following the vehicle, Harris exits the car and walks towards Kerney, surveillance footage shows. The prosecution referred to an eyewitness who told officers that Kearney and Harris had a confrontation near the location of the shooting approximately 30 minutes beforehand.

Surveillance footage shows the man alleged to be Kearney returning to his house on a motorcycle after the supposed confrontation. Footage from nearby Kearney’s home does not show anything, but audio captured a person alleged to be Kearney opening a garage and getting into a vehicle. The vehicle, which the detective identified as being registered to Kearney’s mother, is seen driving toward Harris’ house with the headlights turned off approximately 15 minutes before the homicide.

The prosecution finished by showing Body Worn Camera footage of the police knocking on Kearney’s door. Officers, including the detective, were executing a search warrant of Kerney’s home. When police attempted to enter they were met with gunfire. The detective confirmed the gunfire came from Kearney using an unregistered AK-47 firearm. The detective said a police officer was injured during the gunfire, prompting the assault on a police officer while armed charge.

Defense attorney Michael Madden argued this evidence is not strong enough to pinpoint Kearney to the murder. He questioned the validity of the eyewitness accounts, saying that witnesses gave varied and contradictory statements to police. In addition, there is no definitive eyewitness identification of Kearney shooting Harris, he argued.

Judge Marisa Demeo ruled that a “mountain of evidence” in the case indicates probable cause. She said the prosecution’s evidence presents many “unique circumstances” that are not present in other cases.

Kearney is currently being held at DC Jail and is scheduled to return to court on Sept. 9.

Judge Finds Probable Cause in 2019 Homicide Case Linked to Mass Shooting

A DC Superior Court judge ruled that the case of a homicide that took place during a mass shooting in 2019 has enough evidence to go to trial.

Devonte Brothers, 26, is charged with first-degree murder while armed in the shooting of 30-year-old Arkeem Jackson on June 16, 2019, on the 4300 block of 4th Street, SE. During this shooting, four other victims were non-fatally wounded by gunfire.

The prosecution showed surveillance footage of a man matching Brothers’ description near the crime scene during a Metropolitan Police Department (MPD) detective’s testimony. The detective responded to the scene of the crime. He testified that Brothers dropped off a silver Nissan Altima about a half-mile away from the crime scene approximately four days before the shooting, which was shown in the footage. The men alleged to be Brothers and his associate return to the car in a red Dodge Charger directly before the shooting, which the detective identified as Brothers’ vehicle. He said he recognized it from multiple traffic stops.

The man alleged to be Brothers is seen driving the Nissan Altima to the scene. The detective said the shots were fired from the vehicle. Video footage of the shots being fired is obstructed due to foliage blocking the camera’s view. Although it is not directly clear who fired the shots, the detective said they were coming from the side of the vehicle on which the man alleged to be Brothers was sitting.

The prosecution also presented forensic swabs of the driver’s side of both vehicles which match Brothers’ DNA profile. They also presented cell phone evidence that places Brothers near the crime scene 45 minutes before the shooting. However, his cell phone location was turned off at the time of the shooting.

Defense attorney Ronald Resetarits argued that, since the surveillance footage is obstructed, it is not definitive that Brothers was the shooter. There is also here is no eyewitness testimony that pinpoints Brothers at the crime scene, he argued.

Despite this, Judge Marisa Demeo found probable cause, ruling that “the circumstantial evidence, in this case, is very strong.”

Brothers is also charged with first-degree murder while armed in the shooting of 27-year-old Deron Leake on Oct. 17, 2019, on the 4200 block of 6th Street, SE. Probable cause was already found in December 2020 for this case.

Brothers is scheduled to return to court on both these cases on Sept. 14. He is currently being held at DC Jail.

Editor’s Note: D.C. Witness defines a mass shooting as an incident in which four or more were shot, fatally or non-fatally.

Sex Abuse Defendant Collapses During Presentments

A sex abuse defendant was transported to the hospital during presentments due to medical distress during presentments on Aug. 13. Two domestic violence defendants were released.

A total of 22 defendants were presented before the court during the Aug. 22 hearing.

A defendant charged with misdemeanor sex abuse and simple assault collapsed on the floor screaming after his charges were read. He was escorted out of the building and transported to a local hospital. Judge Judith Pipe held the defendant on a $500 bond, which she said was only for administrative purposes. He is scheduled for an arraignment hearing on Aug. 13.

Two domestic violence defendants were charged with simple assault. They were released and scheduled to return to court on Aug. 31 and Nov. 18.

Two homicide defendants charged with first-degree murder while armed are in the hospital and scheduled to come to court after being discharged.

Klein Lawrence allegedly shot Vanessa Brooks-Williams on July 10. Rondez Tibbs allegedly shot Malcolm Johnson on July 21.

Crime Alerts: August 12-13

The Metropolitan Police Department (MPD) sent out five crime alerts between 9:00 p.m. on Aug. 12 and 9:00 a.m. on Aug. 13.

A crime alert was sent out at 11:43 p.m. due to an armed robbery in the 1500 block of Buchanan Street, NW. Police identified the suspects as six Black males wearing all dark clothing and one is armed with a gun.

A crime alert was sent out at 5:46 a.m. due to a shooting in the 3200 block of G Street, SE. Police do not have information on the suspect(s).

A crime alert was sent out at 6:40 a.m. due to a shooting investigation in the 1200 block of M Street, NW. Police identified a grey Nissan van heading northbound on 12th Street, NW, as a suspect.

A crime alert was sent out at 7:40 a.m. due to a robbery in the 4600 block of Georgia Avenue, NW. Police identified the suspect as a Black male in his mid-20s, wearing a black t-shirt, and blue jean shorts.

A final crime alert was sent out at 9:04 p.m. due to a robbery investigation in the 1600 block of U Street, NW. Police identified the suspect as a Black male wearing a grey shirt, black shorts and a black hat. He was carrying a black bag and armed with a black handgun.

Judge Denies Prosecution’s Request to Use Preferred Private Lab for Testing Evidence in Murder Case

A DC Superior Court judge denied the prosecution’s request to use their preferred private laboratory to test evidence in a homicide case.

Robert Green is charged with first-degree murder while armed for allegedly shooting 43-year-old Andre Junior on the 1500 block of Park Road, NW, on March 15, 2018. The 30-year-old defendant is scheduled to go before a jury in February 2022.

According to court documents, in March 2020, a judge ordered that specified evidence should be turned over to a defense contracted laboratory for independent DNA testing. The evidence was transferred to Bode Technology, a private forensic DNA laboratory based out of Virginia, the following month.

Last month, a judge ordered that the prosecution’s evidence be returned to the defense, so they could test it at an independent laboratory. The prosecution reached out to defense counsel asking if there was a problem with using Bode Technology. The defense said there was a problem.

When parties convened to discuss the matter on Aug. 12, defense attorney Mani Golzari said he previously told the prosecution that the defense had intended to use Bode Technology for independent DNA testing. Golzari said the prosecution’s use of this lab would create a conflict because they’ve discussed testing strategies with Bode Technology before.

Despite this, Bode Technology previously stated that there would be no conflict, according to court documents.

The prosecution told Judge Marisa Demeo that they reached out to another lab after learning about the defense’s objections but would prefer to use Bode Technology because it would be less costly and more convenient.

Judge Demeo ultimately denied the prosecution’s request to use Bode Technology, citing concerns over the defense’s previous conversations with the company about testing strategies.

Green is also charged with unlawful possession of a firearm with a prior conviction and possessing a firearm during a crime of violence.

Man Pleads Guilty to Second-Degree Sex Abuse

A defendant pleaded guilty to second-degree sex abuse and unlawful entry onto private property.

According to the proffer of facts, on Aug. 29, 2019, Bertrand Lebeau looked through an apartment window and saw the victim sleeping. He then entered the apartment and the victim awoke to him performing non-consensual sexual acts on her. The 36-year-old defendant only stopped when the victim forced him off her.

The victim questioned Lebeau, asking if she had allowed him to enter her home. He said yes but she rebutted, saying she did not. Lebeau gave the victim his phone number and left the apartment.

As part of the plea deal, parties agreed to an eight-year prison sentence with two years suspended, followed by five years of probation. Another case in which Lebeau was charged with unlawful entry onto private property will be dismissed as part of the plea deal.

He will also be required to register as a sex offender for the rest of his life.

During the Aug. 12 hearing, defense attorney Prescott Loveland said he plans to explain the ”unique mental state” Lebeau was in during the time of the offense at Lebeau’s sentencing on Nov. 12.

Lebeau was deemed incompetent to stand trial in 2019 and transferred to Saint Elizabeths Hospital, DC’s psychiatric institution, for treatment. He was found competent in 2020, but is still being held there as part of an effort to maintain his competency.

Judge Releases Two Domestic Violence Defendants During Presentments

A DC Superior Court judge released two domestic violence defendants during presentments on Aug. 11.

A total of 12 defendants were presented before the court.

The charges for the two domestic violence defendants include simple assault, second-degree theft and unlawful entry onto private property. Judge Judith Pipe released the defendants and scheduled them to return to court on Nov. 18.

Two homicide defendants charged with first-degree murder while armed are in the hospital and scheduled to come to court after being discharged.

Klein Lawrence allegedly shot Vanessa Brooks-Williams on July 10. Rondez Tibbs allegedly shot Malcolm Johnson on July 21.

Crime Alerts: August 11-12

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Aug. 11 and 9:00 a.m. on Aug 12.

A crime alert was sent out at 12:25 a.m. due to a robbery on the corner of Eastern Avenue and Whittier Street, NW. Police identified the suspects as two Black males with masks, last seen in an unknown dark vehicle heading south on Eastern Avenue.

A second crime alert was sent out at 2:02 a.m. due to a shooting investigation in the 2900 block of Knox Place, SE. Police do not have information on the suspect(s).

Judge Releases Child Sex Abuse Defendant Into High Intensity Supervision Program

A DC Superior Court judge released a sex abuse defendant into the High Intensity Supervision Program (HISP).

The 31-year-old defendant is charged with first-degree child sex abuse. He is accused of abusing a young girl on multiple occasions in what the prosecution alleges to be “an escalating pattern of abuse.” According to court documents, the defendant allegedly confessed to the abuse via text messages to a member of the victim’s family, D.C. Witness previously reported. He was arrested and held at DC Jail in June.

During a hearing last week, Judge Neal Kravitz denied defense attorney Rachel McCoy’s request to release her client but continued the hearing to Aug. 11 to give the defense time to look into appropriate possible release conditions. When parties reconvened on Aug. 11, McCoy said the defendant can stay in a residence with a friend and his family, where he will not be around children.

Despite this, the prosecution maintained their argument that the defendant shouldn’t be released due to the nature of the charge. However, they argued that if he is released, he should be required to stay at home when he is not working. But Judge Kravitz said he should have a couple of hours a few times a week to run errands and have free time.

As conditions of his pretrial release, Judge Kravitz ordered the defendant to stay away from schools, recreation centers and playgrounds. He must also stay away from the victim and her family. He is also required to wear a GPS monitoring device.

The defendant’s next court hearing is scheduled for Sept 16.

Murder Case Has Enough Evidence to Go to Trial, Judge Rules

A DC Superior Court judge ruled that a homicide case has enough evidence to go to trial.

Joshua Franklin, 36, is charged with first-degree murder while armed in the shooting of 27-year-old Andrew Session on Jan. 21, on the 4400 block of 3rd Street, SE.

During the Aug. 11 hearing, a Metropolitan Police Department (MPD) detective on the case said he arrived at the crime scene at around 2:48 p.m. and found the victim suffering from multiple gunshot wounds. He was pronounced dead at a local hospital.

The detective said the evidence collected at the crime scene included Franklin’s cell phone and 9mm shell casings. Several text messages on Franklin’s phone indicated that he had recently purchased firearms and 9mm ammunition, he said. The prosecution also showed photos found on Franklin’s phone of him posing with multiple firearms, despite previous convictions that bar him from owning firearms.

During cross-examination, the detective said that Session was on the phone with a witness shortly before he was shot. According to court documents, the two spoke on the phone multiple times within 90 minutes of the homicide, and the witness said that, during their last phone call together, the victim said he was being chased. The detective said Session’s description of the man chasing him did not match Franklin.

The detective testified that they were still in the process of interviewing two other witnesses. He also said they did not find a firearm while searching Franklin’s house and car, and that he could not recall if fingerprints found at the crime scene belonged to Franklin.

Defense attorney Steven Ogilvie argued that the detective’s testimony does not indicate probable cause. However, Judge Marisa Demeo sided with the prosecution, saying that, although probable cause “isn’t as obvious,” it still exists in the case.

A status hearing for this case is scheduled for Sept. 8.

Crime Alerts: August 10-11

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Aug. 10 and 9:00 a.m. on Aug. 11.

A crime alert was sent out at 2:45 a.m. due to a shooting investigation in the 1200 block of K Street, NE. Police do not have information on the suspect(s).

A crime alert was sent out at 4:49 a.m. due to a stabbing in the unit block of M Street, NE. The suspect is in custody.

Judge Releases Four Domestic Violence Defendants During Presentments

A DC Superior Court judge released four domestic violence defendants during presentments on Aug. 10.

In total, 26 defendants were presented before the court.

The charges for the released defendants include simple assault and destruction of property less than $1,000. One released defendant, who was previously charged with attempted threats to do bodily harm, threat to kidnap or injure a person, simple assault and attempted possession of a prohibited weapon, returned to court on a bench warrant that was issued after he failed to appear at a status hearing.

Judge Judith Pipe issued stay away orders for three of the released defendants.

The released defendants are scheduled to return to court on Aug. 17 and Nov. 16.

My Summer at D.C. Witness

My summer with D.C. Witness covering the DC Superior Court built on skills I had learned in my spring intern semester, and introduced me to new areas of reporting on a judicial system.

Through covering a variety of hearings regarding court dates, mental health evaluations, probable cause and more, I improved at turning my detailed and lengthy notes into a concise and effective article that could be easily understood and digested by the general public.

I also got to extensively cover the first jury trial since before COVID-19. By sitting in on multiple days of the trial, I was able to follow intricate details of the prosecutor and defense’s arguments, which led to more detailed and effective articles.

Overall, my summer at D.C. Witness was an incredible experience. This semester’s in-person environment allowed me to connect even better with my coworkers and editors, and I believe the skills I solidified here will help me greatly in my future endeavors.

Thank you for everything this semester! I hope I see you all in the future!!

Murder Defendant Arraigned, Given New Counsel

After being arraigned on six counts, a murder defendant was appointed a new attorney due to reported conflict between him and his former lawyer.

Jerome Alexander is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm and carrying a pistol without a license. The 27-year-old is accused of shooting 28-year-old Richard Washington during the course of a robbery on the 3900 block of Minnesota Avenue, NE, on Dec. 19, 2019.

Defense attorney Anthony Matthews motioned to withdraw as Alexander’s attorney back in May. In the motion, he states that “the relationship between counsel and Mr. Alexander has devolved to one of oppositional hostility and mistrust on the part of Mr. Alexander.”

During the Aug. 10 hearing, Kristin McGough was appointed as Alexander’s new attorney. She entered a plea of not guilty on her new client’s behalf and requested a status hearing, which Judge Neal Kravitz scheduled for Nov. 12.

Alexander is being held at DC Jail.

Man Pleads Guilty to Manslaughter for Stabbing Cousin Multiple Times

A homicide defendant entered a guilty plea for stabbing his cousin multiple times inside a Northwest, DC, residence.

Jaamil Hipps was initially charged with second-degree murder while armed eight days after his cousin, 40-year-old Sa’id Grey, was found on the first floor of an apartment complex on the 1300 block of Missouri Avenue, NW, suffering from multiple stab wounds on Aug. 12, 2020.

During the Aug. 10 hearing, Grey, 44, pleaded down to voluntary manslaughter. As part of the plea deal, the defense and prosecution agreed that an eight-year prison sentence would be appropriate.

The prosecution also agreed not to pursue indictment on any greater or remaining charges stemming from the facts of the case.

DC Superior Court Judge Marisa Demeo scheduled Hipps to be sentenced on Oct. 22.

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