‘You Put the Entire Community at Risk Over One Guy,’ Judge Tells Shooting Defendant at Sentencing

DC Superior Court Judge Andrea Hertzfeld sentenced a defendant to 18 months of incarceration and three years of supervised release on July 16.

Terry McNeal, 44, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting on Feb. 2, 2024, on the 2400 block of H Street, SE.

McNeal accepted a deal extended by the prosecution and pleaded guilty to assault with a dangerous weapon and carrying a pistol without a license. In exchange, the prosecution agreed to dismiss all other charges in the case.

According to court documents, McNeal followed the victim as he was driving and fired several shots into the air.

The prosecution recommended a sentence at the bottom of the sentencing guidelines. They acknowledged that McNeal had not had any interactions with the criminal justice system for 20 years, was a productive member of the community and accepted full responsibility for the crimes. However, they also stated that the crime was very serious and McNeal had been involved in a separate incident in Prince George’s County connected to the victim’s family in the shooting case.

McNeal’s attorney, Matthew Davies, told Judge Hertzfeld that McNeal and the victim had managed to reconcile with the support of their community, and the victim was not interested in pressing charges. The case went forward due to the threat prosecutors felt McNeal posed to the community.

Davies requested that McNeal receive a split sentence, which would require McNeal to serve only a part of his sentence in prison and the remainder on probation. Davies said McNeal has extensive family support to help integrate him back into the community, pointing to his family members in the courtroom. Davies argued that McNeal would abide by his release conditions and had employment arrangeed upon release.

“This is not a dangerous person. This is not who he is,” Davies said about McNeal. “He is sitting here full of regret.”

“I regret everything I’m going through,” McNeal told the court. “I let my family and my job down. You don’t have to worry about this happening again.”

“You put the entire community at risk over one guy,” Judge Hertzfeld said to McNeal. She told him that he had the potential to be a productive member of the community, but she was extremely concerned about his judgement and decision-making ability.

Judge Hertzfeld sentenced McNeal to 18 months of incarceration with three years of supervised release for assault with a dangerous weapon, and six months of incarceration with three years of supervised release for carrying a pistol without a license. Both sentences are to run concurrently. She ordered that McNeal register as a gun offender following release and pay two hundred dollars to the Victims of Violent Crime Fund (VVCF.)

No further hearings were set in this case.

Non-Fatal Shooting Defendant’s Children ‘Bereft Without Him’ Says Defense Attorney

A defendant in a non-fatal shooting case was ordered to remain in custody during a before DC Superior Court Judge Lloyd Nolan on July 14.

Rene Bost, 41, is charged with unlawful discharge of a firearm and two counts of carrying a pistol without a license outside a home or business for his alleged involvement in a non-fatal shooting that took place on July 11 at the 100 block of Thomas Circle, NW.

According to court documents, Bost pulled a gun out from his glove box and fired shots into the air in a public area. The defendant was allegedly found wandering around in circles, his vehicle crashed into a fence with two flat tires.

After Judge Nolan accepted Bost’s waiver of a preliminary hearing, Defense Attorney Kavya Naini argued for Bost’s supervised release, stating that Bost was willing to comply with GPS monitoring and home confinement.

Naini emphasized Bost’s considerable support from family members, many of whom were present in court. She presented multiple letters from family members that spoke to Bost’s character and his impact on the community.

“It’s largely circumstantial evidence,” Naini said about the case against Bost, stressing that no one was harmed during the incident. She urged the court to favorably consider Bost’s background as an honorably discharged army veteran of four years, currently receiving treatment for related trauma.

Bost has no history of weapons offenses and a single simple assault misdemeanor. Naini argued that in that matter, Bost “has shown he is someone who can successfully complete probation.”

Furthermore, Naini highlighted the fact that Bost has two children and possesses sole physical custody of his 12-year-old son. The elder son is currently attending university as a second year student.

Naini asserted that Bost’s “absence is keenly felt and would be keenly felt [by his children] if he continued to be at the jail.… They would be bereft without him.”

The prosecution responded by stressing the serious nature of the offense. Bost allegedly discharged the firearm only a mile from the courthouse in a dense residential area.

“To say that doesn’t pose a danger to the community,” the prosecution said, “stretches all bounds of reason.

The prosecution further brought up Bost’s five convictions for driving while under the influence (DUI) and three for driving while suspended, which occurred in the past ten years while he was on probation.

Judge Nolan agreed that Bost had no significant criminal history, but was concerned by the DUIs, especially considering Bost’s level of disorientation and possible inebriation during the shooting incident. He questioned whether Bost would comply with home confinement, having already proved his inability to comply with the law which asked him not to drink and drive.

Ultimately, Judge Nolan ruled that Bost would remain in custody.

Parties are set to reconvene July 28.

Witnesses Called in Metro Shooting Case Revived After 4 ½ Years

The trial in a non-fatal shooting near the Columbia Heights Metro Station continued with witnesses from both parties in DC Superior Court Judge Danya Dayson’s courtroom on July 16.

The charges stem from Shelton’s alleged involvement in a non-fatal shooting on Nov. 9, 2020, on the 3000 block of 14th Street, NW, in which the suspect allegedly aimed a gun at a group of five people, then opened fire. One individual sustained a gunshot wound to their right wrist.

The case was initially dropped a month after the shooting, but was reopened in February 2024, after new DNA evidence was found from a face mask allegedly tying Shelton to the shooting. By that time, evidence collected from initial investigations had been partially destroyed or lost.

Before the hearing, the prosecution disclosed that they had found additional CCTV footage that they had previously told the court did not exist.

Shelton’s defense attorneys, Emma Mlyneic and Emily Sufrin, asked Judge Dayson to impose sanctions punishing the prosecution for their multiple alleged failures to disclose evidence. Judge Dayson has not yet decided on the motion.

Meanwhile, the prosecution called a witness who alerted officers to a gun that had been discarded in a storm drain while people were fleeing the shooting.

The witness told prosecutors that the suspect holding the gun was wearing a white T-shirt and black pants. After she was allowed to review a record of her initial statement, she said he had short hair and wore a black jacket, black pants, and a black mask.

During cross-examination, Mlyneic and Sufrin challenged the witness on whether she had seen the gun.

“It was a gun. I know what a gun looks like,” she said.

Mlyneic played body-worn camera footage from an officer on the scene who had initially interviewed the witness. In the footage, the witness said she had seen “something” being discarded by the suspect but did not specifically mention a gun. When questioned by officers, the witness said she did not know what the object was.

“It’s been four and a half years., I can barely remember anything that happened,” the witness said when confronted with the inconsistencies in her statements.

The defense called an officer for the Metropolitan Police Department (MPD) to testify about his investigation of the Columbia Heights Metro Station Plaza on the day of the incident. The officer said he approached the scene of the incident, wearing a body-worn camera, after hearing a series of gunshots. He briefly spoke with a group of individuals who said that they had been under fire

In cross-examination, the officer testified that he did not see the shooting as it happened. He had been across the street in an apartment building when he heard several loud shots that drew him to the scene.

Parties are slated to reconvene on July 17.

Teen Carjacking, Shooting Defendant Rejects Plea Offer

A teen defendant in a carjacking case rejected a plea offer on July 15, deciding to go to trial before DC Superior Court Judge Judith Pipe.

Anardo Little, 18, is charged with armed carjacking and aggravated assault knowingly while armed for his alleged involvement in a shooting and carjacking incident that occurred on Oct. 14, 2024 on the 1200 block of H Street, NE. One individual sustained injuries during the incident.

The prosecution made an offer to Little, stating that if he were to plead guilty to the charges of armed carjacking and aggravated assault knowingly while armed, they would waive other legal sanctions.

After discussion with his defense, Susan Ellis, Little rejected the offer and requested to go to trial. Little’s trial has been set to begin Sept. 8, and is expected to last four days.

Parties are slated to reconvene July 30.

Bench Warrant Issued for Stabbing Defendant Battling ‘Very Serious Addiction’

DC Superior Court Judge Milton Lee issued a bench warrant for a non-fatal stabbing defendant after her failure to appear in court on July 21.

Brenda Blanco, 36, was sentenced on May 16 to 24 months of incarceration for attempted assault with a dangerous weapon following a non-fatal stabbing on Feb. 17 at 3612 14th Street, NW. Blanco’s sentence was fully suspended, allowing her to serve her time on probation.

Following an alleged violation of her probation, Blanco was scheduled to appear in court on July 21, which she failed to do.

Per her release conditions, Blanco had been attending a drug treatment program. However, it was reported that she was unsuccessfully discharged after relapsing while enrolled. Additionally, Blanco has not reported for supervision since June 26.

Blanco’s defense attorney, Jonathan Lanyi, provided context for his client’s release from the treatment program, explaining that Blanco was hospitalized due to an overdose.

“This is a very serious issue, a very serious addiction…that she’s struggling to get away from,” Lanyi stated, after disclosing that Blanco’s heart is currently functioning at about 20 percent capacity.

Lanyi also described his efforts to locate Blanco, which included sending an investigator in pursuit of her and leaving a note at her last known residence. Despite these efforts, Blanco remains unaccounted for.

At the request of the prosecution, Judge Lee issued a bench warrant for Blanco, effective immediately.

Parties will reconvene when Blanco is taken into custody.

Document: MPD Investigating Northeast Homicide

The Metropolitan Police Department (MPD) announced they are investigating a homicide that occurred on July 18 in the 400 block of Fort Drive, NE. Officers found 41-year-old Allen Sharpshire deceased from a gunshot wound in an apartment on the 100 block of Fort Drive. The incident has been ruled a homicide by the Office of the Chief Medical Examiner.

Document: MPD Investigation of Child’s Death Leads to Homicide Charge

The Metropolitan Police Department (MPD) announced an update on the investigation into the death of 5-year-old Deandre Pettus, which occurred on October 6, 2024. The incident took place on the 4500 block of Connecticut Avenue, NW. The child’s father, 33-year-old Deandre Pettus, was initially charged with First Degree Cruelty to Children. Following a Grand Jury indictment, he has now been charged with First Degree Murder-Felony Murder and was arraigned on Jul 11, 2025.

Document: MPD Investigating G Street Homicide

The Metropolitan Police Department (MPD) announced an investigation into a fatal shooting on G Street, SE, on July 12. The incident involved a domestic dispute where 38-year-old Tiffany Montgomery was shot by 43-year-old Patrick Cockrell Jr., who then allegedly inflicted fatal injuries on himself. Both were pronounced dead at the scene.

Murder Convict Wants Sentence Reconsidered, Says He was Ill-Advised

Did a homicide defendant get good legal advice when he turned down a plea deal? That was the issue before DC Superior Court Judge Neal Kravitz in a July 9 motions hearing. In an usual twist, a defense lawyer in the case was the prosecution’s star witness.

On July 26, 2021, Malik Hewitt, 43, was convicted of conspiracy, attempted robbery while armed, and felony murder while armed, for his involvement in the murder of 37-year-old Christopher Heard who was lured into what he believed was a drug deal but turned into a deadly encounter on April 27, 2017, at the 2300 block of Ainger Place, SE.

Hewitt’s co-defendant, Nyekemia Everett, 38, was convicted of first-degree murder while armed, conspiracy, attempted robbery while armed, and possession of a firearm during a crime of violence, among other charges, for his involvement in the incident.

At the hearing, Hewitt’s defense attorney, Adrian Madsen, motioned for Hewitt’s murder sentence to be reconsidered. Hewitt was convicted in January of 2024 but Madsen argued Hewitt didn’t get good legal advice deciding to go to trial instead of taking a prosecution offer that would have resulted in a shorter sentence.

The witnesses included Hewitt, himself, and his first attorney,Jonathan Zucker, who was the main witness for the prosecution, while the defense called Hewitt’s second attorney, Nikki Lotze.

Hewitt described his frustration at being detached from the proceedings and which he didn’t fully understand.

He blamed Zucker, who Hewitt said had been overly negative his prospects without fully explaining his options.

“He said I would get convicted if I went to trial. I would get burned,” Hewitt said.

In Hewitt’s telling Zucker insisted that a plea deal was one his best leverageable options but didn’t fully explain the hazards of going to trial for felony murder.

Hewitt’s cognitive and hearing difficulties were noted after being shot in the head, and as the victim of another shooting incident several years prior–thus the needed for greater than usual explanation.

In cross examination, the prosecution said Hewitt said Zucker was a competent lawyer, even calling him “one of the best” during previous hearings. They also said that in hearings where plea deals had been discussed directly, Hewitt had said that he understood the terms, prior to waiving them.

When Hewitt denied this, one of the prosecutors read a transcript of conversations in which Hewitt affirmed the terms. Ultimately, he admitted to the statements.

After the felony murder charge was explained to Hewitt by his second lawyer, Nikki Lotze, he had become more receptive to a plea. Prior to his first trial, Lotze asked for a plea deal with an eight year sentence. She reduced this to a six year sentence after the first trial ended in a mistrial.

In the hearing, Lotze had said the mandatory minimum had not previously been explained to Hewitt and that she had wanted him to take a plea.

Hewitt was the driver in the fatal robbery. He had told Zucker Heard was a friend and he never wanted him dead.

The plea deals offered by the prosecution had been part of a wired plea agreement with Everett. When it was discussed during hearings, Everett rejected the pleas, despite saying he had wanted to accept. He said Hewitt’s unwillingness to accept had made him reject the pleas.

Everett appeared as a witness in the hearing virtually, calling in from a detention facility. “I accepted both plea offers,” he said during questioning, at which point the prosecution corrected him.

Hewitt’s case went through two trials, where he was eventually found guilty and sentenced to a mandatory 30 year sentence for the felony murder charge. He has served the initial years of his sentence already.

The prosecution used testimony from Zucker to argue that Hewitt had clearly been informed about the nature of his circumstances and that his decision not to accept the plea deal was deliberate.

“I explained the theory of felony murder over and over again. I tried as many ways as I could to explain it,” said Zucker testifying under a waiver of attorney client privilege.

He said that for whatever reason Hewitt had not believed him when he told him he would be convicted on the charge. He also said that there had been times where Hewitt had walked out of conversations prematurely.

Zucker had said he thought he had got to a point where there was no more he could do to help Hewitt. Hewitt had sought other council and Zucker had subsequently left the case.

In cross examination, Madsen attempted to poke holes in Zucker’s narrative. He showed Zucker a list of visits to the jail since he had taken on Hewitt’s case. He showed he had only met with Hewitt on two occasions prior to the formal plea reading in August 2018.

He also disputed the length of the conversations between Zucker and Hewitt about a plea, with Zucker admitting that some conversations had been as short as ten-to-20 minutes.

—

After weighing the testimony, Judge Kravitz said it would be difficult but not impossible for Madsen to prove that Hewitt had not had effective counsel prior to his decision on the plea.

He said the lawyer has a high burden to ensure that their client fully understands their circumstances before deciding to go to trial.

The judge’s decision will hinge on that issue.

“It is not a question I have come across to date,” he said.

Kravitz asked both sides to submit a brief that addressed the following question:

“When the lawyer believes the client is making the wrong decision based on lack of understanding, what steps does a lawyer have to take to overcome that lack of understanding?”

Once reviewed, the parties are set to reconvene for another hearing on Aug. 22.

New DNA Evidence Linked to Suspect in Resumed 2020 Shooting Trial

DNA profiling connects a defendant to a 2020 shooting with significant likelihood, according to DNA analysts and expert witnesses who testified before DC Superior Court Judge Danya Dayson in an ongoing trial on July 10.

Demann Shelton, 32, is charged with three counts of assault with intent to kill while armed, three counts of assault with a dangerous weapon, assault with significant bodily injury while armed, seven counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. The charges stem from Shelton’s alleged involvement in a non-fatal shooting on Nov. 9, 2020 on the 3000 block of 14th Street, NW, in which the suspect allegedly aimed a gun at a group of five people, then opened fire. One individual sustained a gunshot wound to their right wrist.

The case was dropped a month following the shooting, but reopened in February of 2024 after new DNA evidence was recovered from a face mask allegedly tying Shelton to the shooting. Since the incident, footage and evidence collected from initial investigations have been partially destroyed or lost.

During the July 10 hearing, one of the lead detectives in the initial on-scene investigation recalled a witness interview on the scene. He said the witness saw two individuals emerge from an alleyway, which was presumed to be the flight path of the suspect. She told him that one individual had a face mask and threw what looked like a gun into a sewer.

In response to the prosecution’s questioning, the detective stated that the witness’ description matched his own from the on-scene investigation, which led him and the other detective to flag the individual as a suspect.

The prosecution asked why the second individual was not a suspect in the Metropolitan Police Department (MPD) investigation. The detective stated that based on the witness’ testimony on the individual and the fact that second person was not observed in on-scene footage, he was not deemed a suspect. “It is more likely he was afraid,” he said.

Defense attorneys Emma Mlyneic and Emily Suffrin presented video footage to the officer in an attempt to prompt his memory as he interacted with multiple individuals and appeared to be taking notes.

In response to defense counsel’s questioning about whether he had spoken to one of the witnesses, the officer replied, “I believe so. If you go back [in the footage], was I speaking to her?”

The officer clarified to the prosecution that MPD has a three year retention rule for physical notes.

Defense counsel accused the officer of a Rule 16 violation, of breaching discovery rules by withholding evidence, and the prosecution of a Jenks violation, a failure to disclose witness statements relating to their testimony, after the officer left the courtroom.

Judge Dayson argued there were no violations, citing the MPD retention rule and the fact that the case was initially closed in December 2020. The prosecution added that all issues relating to lost evidence in this case amount to negligence stemming from the case’s previous closure.

Meanwhile, an MPD officer on the stand provided an in-court identification of Shelton, testifying that he would see Shelton around two or three times a week while on patrol in the Le Droit Park area. He also noted having seen Shelton on numerous occasions in Columbia Heights, a few blocks from the Columbia Heights Metro stop, where the shooting occurred.

The officer testified to recognizing Shelton due to his “distinct gait when he walks… almost as if his shoes were too big.”

The prosecution questioned the officer about a BOLO, that is, a be on the lookout flier that detectives will send to officers when looking for information on a suspect. The officer stated that he had contacted a detective regarding a BOLO claiming he recognized Shelton. He admitted that at the time, he was unaware of what the detective’s investigation was about.

Sufrin scrutinized the officer’s identification, given that he had not seen Shelton for five years. She also reminded the court that the officer did not witness the shooting in November 2020.

The prosecution also brought forward an ex-crime scene investigator at the Department of Forensic Sciences (DFS) who described crime scene photos she had taken, explaining blood trails from the victim, bullet cartridges, and recovered bullet fragments.

In their cross-examination of the witness, the defense said the investigator had been fired from DFS a year after the shooting. The defense presented records allegedly citing false statements made by the witness, as well as refusal to follow protocol, and falsification of dates on records in multiple cases resulting in her being fired.

The prosecution quickly clarified that incorrect instruction from her supervisors caused her to misdate records sent to the US Attorney’s Office, and that this error had been so common that seven other investigators in the department were also fired for the same reason to prevent liability during a change of the department’s management.

Furthermore, in her 15 years as an investigator, she has never faced allegations of falsifying her testimonies, crime analysis, or conducting poor investigations, according to the prosecution.

A senior DNA analyst at the time of the shooting who processed the black ski mask successfully ran tests on the mask but was not given a known sample to match the DNA to, and therefore could not identify the person who had likely worn the mask.

An analyst who did a later examination of a reference sample of swabs from Shelton’s cheek that were then used to compare to the samples taken from the scene to produce a DNA profile.

Then, a forensic DNA analyst stated that there was DNA from two individuals, at least one male, from both swabs. The swabs indicated that it was significantly more likely that the profile included DNA from Shelton on the mask and one unknown individual as opposed to two unknown individuals.

Parties are slated to return on July 14.

Judge Won’t Dismiss Murder Case or Release Defendant

DC Superior Court Judge Rainey Brandt denied a fatal shooting defendant’s request for release on July 11.

Darvin Banks, 43, is charged with first degree murder while armed for his alleged involvement in the fatal shooting of William Spriggs, 35. The incident took place on May 22, 2024 on the 4800 block of Alabama Avenue, SE. Spriggs was pronounced dead at the scene.

Defense attorney Peter Fayne asked Judge Brandt to dismiss the case against Banks, saying it lacked probable cause and Banks was acting in self-defense.

Judge Brandt refused, noting that two judges in addition to herself found probable cause in this case and agreed Banks did not act in self-defense. They based their decisions on a video of the shooting, surveillance footage of Banks leading up to the incident, and the testimony of multiple eyewitnesses.

“Ain’t no stopping this,” Banks said before opening fire, according to one eyewitness.

Fayne requested Banks’ release, given his limited criminal history and allegedly committed the shooting in self-defense.

The prosecution opposed Banks’ release, pointing out that he has had multiple gun cases dismissed and allegedly committed a stabbing in April of 2025 while in jail that almost killed the victim. The prosecution also claimed one of the witnesses has been intimidated by Banks and what he might doif released.

Judge Brandt agreed with the prosecution and denied Banks’ release.

Parties are slated to reconvene on Aug. 14.

‘Do Something That is Gonna Change The World,’ Says Judge Granting Probation

In an unusual case, a young, non-fatal shooting defendant was sentenced to two years of probation in lieu of extended jail time by DC Superior Court Judge Rainey Brandt on July 11.

On May 2, Javary Peaks, 19, pled guilty to aggravated assault knowingly while armed and possession of a firearm during crime of violence for his involvement in a non-fatal shooting in a Washington Metropolitan Area Transit Authority (WMATA) bus at the intersection of 22nd Street and Minnesota Avenue, SE, on March 8. One individual sustained injuries from the incident.

During the sentencing, Peaks’ family and college football coach were present. The prosecution asked Judge Brandt to not sentence him under the Youth Rehabilitation Act (YRA), and instead sentence him to 90 months for the aggravated assault knowingly while armed charge and 60 months for the possession of a firearm during a crime of violence charge. The prosecution argued, Peaks knowingly carried an illegal firearm onto the public bus, shot the victim in the chest, fled the scene, and never attempted to turn himself in.

The defense responded by asking for Peaks to be sentenced under YRA which would seal his conviction once Parks completes all sentencing requirements. In this case the Department of Corrections (DOC) had suggested Peaks receive 2 years of probation and dismiss the minimum sentence of 48 months for both counts. Peaks’ attorney, Albert Amissah, agreed and emphasized to the court that Peaks was not the aggressor in this situation, accepted responsibility by taking a plea deal, and had been a victim of gun violence himself.

Amissah noted that Peaks acquired a gun only after being robbed at gunpoint and was in DC working to pay for college. Ammisah said Peaks lost friends to gun violence, but is going to college to change his life saying he has “a lot of promise”.

Peaks spoke to the court sharing his remorse for the shooting. “This will be my last time standing in front of a judge.”

Giving her ruling, Judge Brandt told the prosecution “I wonder if the government ever thought about the long term effect (the sentence) would have…on a college student”.

She directed her attention to Peaks’ saying how ironic and immature it was, as a victim of gun violence, to get a gun as the solution for protection. “Six year olds know not to touch a hot stove,” she stated. She continued to express her irritation saying, “Signs of maturity and being calm is to walk away.”

Ultimatel, Judge Brandt sentenced Peaks to 2 years of probation, suspended the minimum sentencing of 48 months, and granted the defense’s request for it to be under the YRA.

As part of his probation, Judge Brandt is requiring Peaks to earn his college degree, take a conflict resolution class in college, and register as a gun offender. She emphasized her ruling was unusual and warned Peaks must have perfect compliance or he will go to jail.

“Do something that is gonna change the world,” she encouraged him “This is your second chance”.

No further dates were set.

Defense Wants to Suppress Social Media Evidence in Child Shooting Case

Parties argued over two defense motions to suppress evidence in a fatal child’sshooting before DC Superior Court Judge Neal Kravitz on July 14.

JD Wheeler, 26, is charged with second-degree murder, first-degree cruelty to children, second-degree cruelty to children, carrying a pistol without a license, possession of an unregistered firearm, unlawful possession of ammunition, tampering with physical evidence and contempt of court, all committed while on release in another matter. The charges stem from his alleged involvement in the fatal shooting of his son, 23-month-old Legend Wheeler, on the 2300 block of Chester Street, SE, on Nov. 24, 2021.

Wheeler’s defense attorneys, Slyvia Smith and Erin Griffard, previously filed a motion to suppress information gathered from a search warrant to access Wheeler’s Instagram account.

A detective from the Metropolitan Police Department (MPD) used the warrant to recover screen recordings from Wheeler’s Instagram story, posted hours before the incident. The material showed Wheeler flashing an extended magazine tucked in his waistband. The detective determined that the magazine was part of a nine-millimeter pistol consistent with the bullet recovered from the ceiling of Wheeler’s apartment, where the shooting occurred.

The prosecution said they have 200-300 images and videos of Wheeler with a firearm, and direct message conversations with another individual about purchasing a firearm illegally, and later discarding it. They plan to use this evidence to show that the defendant carried firearms around children in his home.

The defense argued that none of this evidence should be used in the trial because the warrant used to obtain it was too broad. They argued the warrant violated Wheeler’s privacy, noting the prosecution obtained 55,000 pages of information relating to Wheeler’s two-year Iinstagram history.

The prosecution said they never intended to gather this much information, but Meta, Instagram’s parent company, sends them all the available information relating to an account, regardless of what they request. The prosecution said they only accessed information relating to the warrant and the case.

Judge Kravitz said he would rule on the motion at a later date.

The defense filed a second motion to suppress statements Wheeler made in a phone call to an MPD detective about his possession of a gun while on release. The motion argued the detective violated Wheeler’s Sixth Amendment right to be fully informed of accusations against him.

The prosecution said the detective never asked Wheeler any questions regarding the gun, his release conditions or his previous case. They argued Wheeler gave this information to the officer unprompted and willingly.

Judge Kravitz agreed with the prosecution and denied the defense’s motion to suppress Wheeler’s statements.

Parties are slated to reconvene July 15.

Judge Considers Releasing Seriously Ill Murder Defendant

DC Superior Court Judge Neal Kravitz stated he will consider releasing a murder defendant to home confinement due to multiple health concerns during a hearing on July 10.

Dione Dorn, 42, is charged with first-degree murder premeditated while armed for his alleged involvement in the fatal shooting of 23-year-old Jaydon Parson, which occurred on Feb. 18 on the 700 block of H Street, NW.

Dorn’s attorney, Megan Allburn, stated that his health has declined and he has been to the hospital multiple times since entering the DJ Jail in May.

Allburn said Dorn was not being properly treated adding that Dorn has supportive family members who are willing to assist with his medical needs if home confinement was granted.

“This man has considerably declined since the allegations in this case,” said Allburn.

Allburn argued that Dorn’s circumstances were unique. He suffers from congestive heart failure, kidney failure, diabetes, and neuropathy, which Allburn said the jail could not properly address.

“People die in court all of the time without having these issues,” said Allburn, referring to the Department of Corrections (DOC’s) failure to address poor living conditions. She argued that Dorn’s health is significantly at risk while he’s incarcerated, noting that a power outage in the facility could be fatal.

The prosecution countered that Dorn had caused his medical conditions to worsen by refusing care while in DOC custody.

A DOC representative testified that Dorn had been to the hospital twice since May and that one of his medical complications was due to his refusal to eat after taking insulin.

Allburn argued that Dorn was not a defiant individual and was acting out of frustration with his long list of medical issues.

Judge Kravitz ordered an expert medical report to determine whether Dorn’s medical conditions would make him less dangerous to the public, so he could decide whether to release him from the DC Jail.

Parties are slated to reconvene on Aug. 15.

Non-Fatal Shooting Defendant Waives Preliminary Hearing, Takes Plea Deal

A non-fatal shooting defendant waived his right to a preliminary hearing before DC Superior Court Judge Robert Hildum on July 15.

Kingston King, 20, is charged with aggravated assault knowingly while armed and possession of a firearm during a crime of violence for his alleged involvement in a non-fatal shooting at the intersection of Georgia Avenue, NW and Morton Street, NW on Nov. 18, 2024. One victim suffered a gunshot wound to the abdomen.

According to court documents, King allegedly exited a black Mercedes Benz while carrying a gun and got into a verbal confrontation with the victim. When the victim approached King quickly, King allegedly backed away and shot the victim, then proceeded to drive away from the scene.

King’s defense attorney, Jeremy Feldman, informed the court that King intended to waive his preliminary hearing, as they have reached a plea deal with the prosecution.

Further details about the plea will be discussed at a later date.

Parties are slated to reconvene on July 23.

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