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Judge Schedules Prelim, Bond Review Hearing for Murder Defendant

A DC Superior Court judge scheduled a hearing to determine if a murder case has enough evidence to go to trial as well as a bond review hearing.

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

During the June 16 hearing, Judge James Crowell scheduled the bond review hearing for July 21 and the preliminary hearing for July 27. 

Judge Questions Prosecution on Delays in 2019 Murder Case Indictment

A DC Superior Court judge questioned a prosecutor on why a defendant, who was charged with murder in November 2019, is still waiting to be indicted. 

Twenty-four-year-old Tyrell Powell, also known as Marco Powell, is charged with first-degree murder while armed for allegedly shooting 22-year-old Semaj Alsobrooks on Sept. 4, 2019, on the 3900 block of East Capitol Street, NE.

Defense attorneys Jason Tulley and Pierce Suen have filed a failure to indict motion as well as a speedy trial motion, arguing for the dismissal of an indictment, the scheduling of an immediate trial or the release of the defendant pending trial. 

In a supplemental pleading, the defense said “the government’s manipulative grand jury practices have caused deliberate and significant delays which weigh heavily against the government. Second, the solitary confinement and other dreadful conditions at the jail weigh substantially against the government in the Court’s Speedy Trial analysis of the prejudice Mr. Powell has suffered.”

During the June 14 hearing, the prosecution said the absence of an indictment is the result of limited grand jury availability and the complexity of the case. 

However, Judge Milton Lee said that 14 cases of a similar nature came to court after Powell’s case and have been heard by a grand jury.

In a recently filed court document, the prosecution points out that, in March 2020, the month in which the U.S. first led the world in confirmed COVID-19 cases, then Chief Judge Robert E. Morin issued orders “tolling all deadlines and time limits in statutes, court rules, and standing and other orders,” and that an Amended General Order issued last month specifies that the suspensions, tolling and extensions apply to indictments.

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.

Judge Lee scheduled the motion hearing to resume on June 30.

Judge Schedules Prelim, Orders Competency Screening for Murder Defendant

On June 16, a DC Superior Court judge scheduled a hearing to determine if a homicide case has enough evidence to go to trial and ordered a preliminary screening to assess if the defendant is competent to stand trial. 

Jean Paul Kearney is charged with second-degree murder while armed for allegedly shooting of 33-year-old Dontra Harris on April 4 on the 1800 block of 24th Street, NE. 

Kearney, 34, is also charged with assault on a police officer while armed for allegedly firing four gunshots from within a residence that officers were trying to force their way into to exercise a search warrant on the morning of the defendant’s arrest. According to court documents, a sergeant conducted three “knock-and-announces” before ordering his officers to breach the front door. 

Judge Neal Kravitz scheduled a mental observation hearing to discuss findings of the competency screening for June 28. He scheduled the preliminary hearing for July 26.

In the meantime, Kearney will remain held at DC Jail.

Judge Appoints New Counsel to First-Degree Murder Case

On June 16, a DC Superior Court judge appointed new counsel for a homicide defendant.

DeAndre Houston is charged with first-degree murder while armed in the shooting of 27-year-old Roderick Thomas on Oct. 11, 2018, on the 3200 block of 12th Street, SE. 

Houston, 21, is also charged with armed robbery, possession of a firearm during a crime of violence and carrying a pistol without a license.

Kristin McGough replaced Houston’s former attorney, Betty Ballester, who replaced the defendant’s first lawyer, Pierce Suen.

Judge Neal Kravitz scheduled the next status hearing for June 22.

Lizzie Brennan wrote this article.

Judge Holds Two Domestic Violence Defendants During Initial Hearings

A DC Superior Court judge held two domestic violence defendants during initial hearings on June 15.

In total, 21 defendants were presented before the court. None of them were charged with a homicide or sex abuse offense. Four defendants, however, were charged in domestic violence cases.

One of these defendants was charged with simple assault for allegedly pouring boiling water on the victim. The victim suffered from blisters on their face and was hospitalized for their injuries, according to the prosecution. The defendant was released.

Another domestic violence defendant was charged with simple assault, threats to do bodily harm and attempted threats to do bodily harm. Judge Sean Staples released her and ordered her to stay away from the victim.

Both of the defendants are scheduled to return to court on Dec. 14.

One defendant was charged with simple assault and possession of a prohibited weapon, which was a wooden plank. According to the prosecution, she was previously charged with aggravated assault in 2012. Judge Staples held her at DC Jail.

Judge Staples also held another domestic violence charged with attempted threats to do bodily harm.

Both of the held defendants are scheduled to return to court on July 6. 

Crime Alerts: June 15-16

The Metropolitan Police Department (MPD) sent out three crime alerts between 9:00 p.m. on June 15 and 9:00 a.m. on June 16. 

At 12:28 a.m., the police alerted the public of a shooting investigation at 55th and Blaine Street, NE. Police reported that they are looking for a dark vehicle. 

A second alert was sent out at 6:58 a.m. for an investigation on the Unit block of N Street, NW, after police found a man with a gunshot wound to the foot. Police reported that they are looking for a Black male around 23-25-years-old wearing a white shirt covered in blood, who was last seen traveling south toward Tyler House apartments. 

A final alert was sent out at 7:05 a.m. for a robbery at the intersection of 25th Place and Benning Road, NE. Police reported that they are looking for a Black male with a light beard wearing a white hooded sweatshirt and jeans. He was last seen walking eastbound on Benning Road, NE.

Judge Holds Homicide Defendant During Initial Hearings

A DC Superior Court judge held a homicide defendant during initial hearings on June 14. 

Gerald Lewis is charged with second-degree murder following a traffic fatality that occurred the previous day. He is accused of causing a motor vehicle collision that killed a pedestrian on the 1500 block of 14th Street, NW.

After deciding whether the defendant should be held at DC Jail, Judge Sean Staples scheduled Lewis’ next court date for July 7.

Judge Staples did not hold any of the eight domestic violence defendants brought before the court. He did, however, issue stay away orders for all of them.

Judge Staples also released one sex abuse defendant. The defendant is charged with assault with intent to commit third-degree sexual abuse. He was released under the High Intensity Supervision Program (HISP) with GPS monitoring.

The released defendants’ next hearings are all scheduled for Dec. 20.

A total of 30 defendants were presented before the court. 

Asiadee Williams and Amaya Smith also contributed to this article.

Domestic Violence Defendant Enters into Deferred Sentencing Agreement

A domestic violence defendant accepted a plea deal, allowing him to enter into a Deferred Sentencing Agreement (DSA).

The defendant was initially charged with first-degree cruelty to children, but the charge was later updated to second-degree cruelty to children. During the June 15 hearing, he pleaded down to attempted simple assault. 

According to court documents, the 51-year-old defendant struck a female victim’s face and body, leaving her with bruises.

The agreement will allow the defendant’s guilty plea to be withdrawn and his case dismissed after he completes the requirements imposed on him. 

These requirements include taking parenting and anger management courses, complying with a No Harassment, Assault, Threaten or Stalk (HATS) order and undergoing a mental health screening as well as drug and alcohol testing as deemed necessary by the Court Services and Offender Supervision Agency (CSOSA).

DC Superior Court Judge John McCabe gave the defendant until March 15, 2022, to complete these requirements. He is scheduled to return to court for a deferred sentencing review hearing at that time.

Will Lawrence and Mara Osterburg wrote this article.

Sex Abuse Defendant Plans to Accept Plea Deal

A DC Superior Court judge scheduled a date for a sex abuse defendant to accept a plea deal.

The 46-year-old defendant is charged with third-degree sex abuse for allegedly exposing himself to a woman trying to give him medical care at the Washington Hospital Center on the 100 block of Irving Street, NW, before grabbing her and pulling her onto a bed on July 8, 2020. 

During the June 15 hearing, defense attorney Bernadette Armand asked Judge Danya Dayson for the earliest court date for her client to accept a plea deal. Judge Dayson scheduled a hearing for July 2.

Mara Osterburg and Will Lawrence wrote this article.

Crime Alerts: June 14-15

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on June 14 and 9:00 a.m. on June 15. 

An alert was sent out at 9:28 p.m. due to a shooting investigation on the 2500 block of Elvans Road, SE. A second alert was sent out because of a shooting on the 1700 block of North Capitol Street, NE, at 11:06 p.m. 

Police do not have a description of the suspect(s)

Tory Lysik wrote this article.

Judge Releases All Domestic Violence Defendants During Initial Hearings

On June 12, 26 defendants were brought before DC Superior Court Judge Jose Lopez for initial hearings. 

Five domestic violence defendants are charged with simple assault. Four of them were released on their promise to return to court and given stay away orders from the alleged victims. 

Judge Lopez released one final domestic violence defendant into the High Intensity Supervision Program (HISP) but only for GPS monitoring because he is not eligible for standard HISP. The defendant was also given stay away orders. 

The defendants’ next hearings are scheduled for Dec. 17.

Co-Defendants Charged in 2018 Drive-By Shooting Get Earlier Trial Dates

On June 14, a DC Superior Court judge moved up the trial dates for four co-defendants charged in connection with a 2018 drive-by shooting that killed a 10-year-old girl.

Co-defendants Isaiah Murchison, 21, Antonio Murchison, 28, Marquell Cobbs, 20, and Darrise Jeffers, 21, are charged with first-degree murder while armed in the death of 10-year-old Makiyah Wilson on July 16, 2018, on the 300 block of 53rd Street, NE. The drive-by shooting is alleged to have been the result of a neighborhood rivalry.

The four are also facing charges of conspiracy, possessing a firearm during a crime of violence, assault with intent to kill while armed, aggravated assault while armed and criminal street gang affiliation.

The four were scheduled to go before a jury in January 2023, but during the June 14 hearing, Judge Danya Dayson rescheduled the trial to start in October 2022. D.C. Witness does not know the exact dates Judge Dayson set aside.

The prosecution estimates that the trial would last six to eight weeks.

Cobbs is on pretrial release under the High Intensity Supervision Program (HISP). His defense attorney, Kevin McCants, asked Judge Dayson to amend his client’s stay away order, which prohibited him from entering DC, so he could look for employment. Judge Dayson agreed to the request.

Judge Dayson scheduled the co-defendants’ next status hearing for Sept. 15.

Qujuan Thomas, 22, Quentin Michals, 24, Gregory Taylor, 26, Mark Price, 27, Quincy Garvin, 21, and Saquan Williams, 19, are also charged with first-degree murder while armed in connection with Wilson’s death. Their trial is scheduled to take place from May 2 to July 1, 2022.

Quanisha Ramsuer, 27, is also charged with obstructing justice in connection with this homicide. Her next hearing is scheduled for Sept. 3.

Carlin Fisher, Mara Osterburg, Lizzie Brennan and Mykala Jones wrote this article.

Attorney Requests More Time to Speak with Murder Defendant About Plea Offer

On June 14, a DC Superior Court judge continued a murder case after the defense attorney asked for more time to discuss a plea offer with her client.

Vaugh Kosh is charged with first-degree murder while armed in the shooting of 38-year-old Alayna Howard on Dec. 7, 2019, on the 1700 block of Capitol Avenue, NE. 

Defense attorney Elizabeth Weller said the prosecution has offered a plea deal, but she has not been able to get in touch with her client, who is being held at DC Jail, in order to talk about it with him. 

Judge Juliet Mckenna scheduled a status hearing for July 8. 

Kosh, 49, is also charged with possession of a firearm during a crime of violence, assault with a dangerous weapon, first-degree burglary while armed, unlawful possession of a firearm with a prior conviction and assault with intent to kill while armed in this case.

Amaya Smith wrote this article.

Judge Finds Defendant Mentally Incompetent to be Sentenced

A DC Superior Court judge ruled that a defendant convicted of conspiracy to commit murder, accessory to second-degree murder and possessing a firearm during a crime of violence cannot be sentenced because he is incompetent.

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. He pleaded down to his current charges in March 2020.

Massaquoi, 33, was awaiting sentencing in home confinement 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 currently being held. 

During the June 14 hearing, Judge Marisa Demeo ruled that Massaquoi is mentally incompetent to proceed to sentencing after reading a report from the Department of Behavioral Health (DBH). However, the judge also said there is a “substantial probability” that he will become competent in the near future.

She ordered that he continue receiving mental health treatment.

Judge Demeo scheduled another mental observation hearing for July 19. 

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.

Lizzie Brennan wrote this article. 

Judge Sentences Homicide Defendant to Serve More than 8.5 Years

A DC Superior Court judge sentenced a defendant to serve slightly over eight-and-a-half years for voluntary manslaughter while armed.

Xavier Culbreth was initially charged with first-degree murder while armed for stabbing 40-year-old Jamal Ferrell seven times at the Potomac Avenue Metro station on the 700 block of 14th Street, SE, on April 28, 2019.

Culbreth, 21, pleaded down to voluntary manslaughter while armed in April. 

“I wish it never would have happened,” Culbreth said during the June 14 hearing, “I think about it every day.”

Judge Milton Lee sentenced Culbreth to 10 years in prison. He suspended 16 months of the sentence, leaving him with 104 months to serve.

The prosecution, however, did not want any of the 10 years to be suspended.

“This is a significant sentence for a significant crime,” the prosecutor said.

Culbreth’s prison time will be followed by 40 months of supervised probation. 

Judge Lee sentenced the defendant under the Youth Rehabilitation Act (YRA), which will effectively seal his case after he completes the requirements imposed on him.

Conditions of Culbreth’s probation include participating in an educational program and receiving a mental health screening and anger management counseling, drug testing and treatment and vocational training. He must also complete 100 hours of community service.

In a victim impact statement read by the prosecution, Ferrell’s family stated, “We, the family, miss Jamal so much. Words cannot fill the void that we have.”

Jada Smith, 20, was also charged with first-degree murder while armed in connection with Ferrell’s death. However, a judge said that while she was at the scene and allegedly stole the victim’s wallet, she did not have direct involvement with the murder, D.C. Witness previously reported.

She went on to be sentenced to 90 days, all of which were suspended, plus one year of supervised probation under the YRA in April.

Mara Osterburg wrote this article.