Judge Schedules New Hearing Following Defense Attorney’s Motion to Withdraw from Sex Abuse Case

A DC Superior Court judge scheduled an ascertainment of counsel hearing for a sex abuse case after the newly appointed defense attorney did not show up to the hearing due to an apparent miscommunication.

The defendant is charged with assault with intent to commit first-degree sexual abuse. He is accused of striking and grabbing the victim in an attempt to sexually assault her. The alleged offense took place on Sept. 6, 2020, in Northwest, DC, according to court documents.

During the Feb. 25 hearing, there was confusion as to who was the defendant’s counsel.

Judge Danya Dayson said a withdrawal of counsel request caused the confusion because it had not been granted yet. She decided to schedule another hearing for March 16 to clear up the confusion.

The defendants defense attorney Russel Hairston motioned to withdraw from the case on Feb. 22.

Judge Schedules Preliminary Hearing for Kidnapping and Sex Abuse Defendant

A DC Superior Court judge scheduled a hearing to determine if the evidence against a defendant charged with first-degree sex abuse and kidnapping is enough to bring his case to trial.

On the night of May 6, 2020, the defendant is alleged to have carried the victim from a bus stop in Southeast, DC to a shed, where the sexual assault occurred. According to court documents, the victim escaped the shed and sought the police’s help after the defendant fell asleep.

During the Feb. 25 hearing, Judge Danya Dayson said the hearing would be conducted partially remote, with the defendant appearing in court.

The preliminary hearing is scheduled for April 13.

Defendant in 2009 Child Sex Abuse Case Unlikely to Gain Competency, Judge Rules

After spending over a decade at St. Elizabeth’s Hospital, a sex abuse defendant was found unlikely to become competent to stand trial in the foreseeable future.

The defendant was charged with first-degree child sex abuse in 2009. In a recent court document, the prosecution alleges that he is a “serial child molester” and has sexually assaulted at least four children aged 13 and under.

During the Feb. 25 hearing, after having received a report from the Department of Behavioral Health (DBH), Judge Danya Dayson said the defendant can “parrot back” many of the legal concepts associated with his case, but that does not mean he has rational understanding of the case. She ruled that he is incompetent and unlikely to become competent in the foreseeable future.

Neither party opposed the DBH’s findings. The prosecution did, however, oppose the defense attorney Dana Page’s release request.

In light of the ruling, the Office of the Attorney General (OAG) for the District of Columbia may pursue a petition for civil commitment.

Upon being charged, the defendant was detained at DC Jail until his transfer to St. Elizabeth’s, the District’s psychiatric institution, the following August. In 2010, he was found incompetent to stand trial and unlikely to become competent in the foreseeable future.

The competency proceedings were then stayed and, in 2011, a judge ruled that the defendant is a “sexual psychopath” and committed him to St. Elizabeth’s under the Sexual Psychopath Act (SPA).

The defense appealed the finding and challenged the SPA’s constitutionality. In October 2020, the D.C. Court of Appeals invalidated the SPA.

Following that decision, another exam was ordered to determine if the defendant is competent to stand trial.

Judge Dayson questioned how she could enforce any court orders if she released the defendant. She said she did not want to leave open the possibility for detainment at DC Jail because the jail would not be a good environment for him.

Judge Dayson decided to schedule a hearing for March 11 to continue discussing release. In the meantime, the defendant will stay at St. Elizabeth’s.

Judge Dayson ordered that the defendant will continue receiving treatment. She also scheduled a hearing for March 25 for the OAG’s decision on civil commitment.

Andrea Keckley wrote this article.

Judge Reschedules Hearing for Sex Abuse and Kidnapping Defendant

A DC Superior Court judge rescheduled a status hearing from Feb. 24 to March 22.

The defendant allegedly cornered and sexually assaulted the victim on a bus on Oct. 6, 2020. He is charged with kidnapping and assault with intent to commit first-degree sexual abuse.

The defendant was originally released under the High Intensity Supervision Program (HISP), but failed to appear in court and is now being held at DC Jail.

Sasha Ridenour wrote this article.

2 Domestic Violence Defendants Presented During Initial Hearings

During initial hearings on Feb. 24, two domestic violence cases were brought before the court.

DC Superior Court Judge Judith Pipe released both defendants under the supervision of the Pretrial Services Agency (PSA).

The first defendant is charged with simple assault, destruction of property, attempted possession of a prohibited weapon and attempted threats to do bodily harm.

The second defendant is charged with attempted threats to do bodily harm and destruction of property for damage that amounted to less than $1,000.

Both defendants were ordered to stay away from the complainants, the locations of the incidents or both.

Crime Alerts: February 24-25

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on Feb. 24 and 9:00 a.m. on Feb. 25.

The alert was sent at 10:09 p.m. for a shooting on the 3900 block of Minnesota Avenue, NE.

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

Prosecution Decides to Remove Request for Restitution in Domestic Violence Case

During a hearing Feb. 24, the prosecution in a domestic violence case decided to remove a request for the defendant to pay restitution.

William McKenzie was convicted of assault with a dangerous weapon, and unlawful possession of a firearm with a prior conviction for offenses he committed on May 6, 2019.

The defendant took a plea deal in October 2020.

He was sentenced to 32 months for the unlawful possession charge, with 16 months suspended and 3 years of supervised probation after serving 16 months. He was sentenced to 68 months, with 20 months suspended and 3 years of supervised probation after serving 48 months for the assault with a dangerous weapon charge.

The prosecution filed a request for restitution, however the request was removed during the post disposition status hearing on Feb. 24.

No further case dates were set.

Judge Sets New Jury Trial Dates for 2016 Murder Case

A DC Superior Court judge scheduled a 2016 murder case to go to trial again.

In March 2019, a jury found 63-year-old Kimberly Thompson guilty of first-degree murder for allegedly shooting of 53-year-old Charles Mayo on Dec. 17, 2015, on the 1900 block of Bennett Place, NE.

During the Feb. 24 trial readiness hearing, Judge Juliet McKenna decided to have the trial in January 2022, saying it would be difficult to find a jury during the holiday season.

Judge McKenna set aside Jan. 19 through Feb. 3, 2022 for the trial. Jury selection is set to take place on Jan. 19 and 20, and the trial itself is set to begin on the Jan. 21.

In January 2016, Judge Milton Lee ordered a new trial for the defendant due to the prosecution’s failure to disclose important case information.

When asked for an explanation, the prosecution said, “It was just negligence on our part.”

Judge Lee said he believed this.

A motion and trial readiness hearing is also scheduled for Nov. 17.

Brennan Fiske wrote this article.

Document: Suspect Arrested for Assault with Intent to Commit First-Degree Sexual Abuse, Officer-Involved Shooting Under Investigation

The Metropolitan Police Department (MPD) arrested a suspect for assault with intent to commit first-degree sexual abuse, assault with a dangerous weapon and assault on a police officer while armed. They are also investigating an officer involved shooting that happened while police were trying to apprehend the suspect.

At around 1:01 a.m. on Feb. 24, uniformed patrol officers responded to the 300 block of 35^th Street, NE for the report of a domestic sexual assault.

There, they learned that the victim was assaulted by a family member who was armed with a knife, according to a press release.

“A short time later, officers encountered the armed suspect at the listed location,” the press release states. “The suspect ignored multiple commands, then swung the knife in a threatening manner towards the officers. In response, two officers discharged their firearms, striking the suspect.”

The knife was recovered. The suspect was taken to a hospital with non-life threatening injuries.

In accordance with MPD policy, the officers involved were put on administrative leave. Footage from the Body Worn Cameras (BWC) is under review. The case remains under investigation.

Document: Second Arrest Made in Triple Homicide

The Metropolitan Police Department (MPD) made a second arrest in connection with a triple homicide that happened on July 7, 2020.

At around 1:15 a.m., officers responded to the 5000 block of Bass Place, SE for the report of the sound of gunshots.

There they found a man and a woman in a vehicle, suffering from gunshot wounds. They also found a man nearby, suffering from a gunshot wound.

The three victims, 56 year-old Claudette Williams, 29 year-old Marquise Lewis and 20 year-old Juwan Wade were pronounced dead on the scene.

On Oct. 20, 2020, 33 year-old Dale Benjamin was arrested for second-degree murder while armed. He is awaiting his preliminary hearing, which is scheduled for March 5.

On Feb. 24, 44 year-old Jibri Qayyum was also arrested for second-degree murder while armed.

Judge Gives Domestic Violence Defendant Suspended Sentence

A domestic violence defendant said she has accepted responsibility for her actions when she was sentenced for contempt on Feb. 23.

DC Superior Court Judge Maribeth Raffinan sentenced Felicia Lewis to 90 days, all of which were suspended, plus one year of probation. She will receive credit for time served.

Conditions of her probation include drug screening, anger management classes, a stay away order and a mental health assessment.

Lewis must also pay $100 to the Victims of Violent Crime (VVC) compensation fund.

Adriana Montes wrote this article

Plea Negotiations Underway in Murder Case

A murder case was continued Feb. 24 to give parties more time to continue with plea negotiations.

Tyrone Williams is charged with felony murder in the first degree in the death of 81-year-old Bobby Poole Jr. On March 29, 2020, Williams, 50, and an unidentified accomplice allegedly assaulted Poole with the intent to rob him on the 900 block of Eastern Avenue, NE.

Defense attorney Stephen Logerfo asked A DC Superior Court Judge Rainey Brandt if the next hearing could be held in April. But, Judge Brandt said she could not schedule an April date because it would jump in front of older cases already on the docket.

She said scheduling hierarchy depends on when cases a presented at the court.

According to court documents, Poole was taken to the hospital for his injuries and discharged. He died later that day on May 6, 2020, due to complications from his head injuries.

The next hearing is scheduled for May 24.

Judge Warns Domestic Violence Defendant to Comply with Release Conditions

A domestic violence defendant needs to comply with her release conditions if she wants to avoid an arrest warrant, a A DC Superior Court judge said Feb. 23.

The defendant is charged with destruction of property and contempt. She is also on probation for simple assault in a 2019 domestic violence case.

During the Feb. 23 hearing, the Pretrial Services Agency (PSA) reported that Walters has not made contact with them since July 10, 2020.

The defendant was not present for her hearing at first. Judge John McCabe was considering issuing a bench warrant for her arrest until she eventually arrived in the courtroom.

The defendant’s next court date is scheduled for April 19.

McKenzie Beard wrote this article.

Domestic Violence Defendant Sentenced to Serve 75 Days

A DC Superior Court judge sentenced a misdemeanor domestic violence defendant to serve a total of 75 days for his two simple assault convictions.

Jose Hernandez was initially charged with three counts of simple assault, and then, a little over one month later, attempted threats to do bodily harm. He ended up resolving his case with a plea deal.

Judge Maribeth Raffinan sentenced Hernandez to 180 days, 150 of which were suspended, plus one year of probation for the first simple assault conviction. She sentenced Hernandez to 180 days, 135 of which were suspended, plus one year of probation for the other simple assault conviction. The sentences will run consecutively, but the probation periods will be concurrent.

Hernandez, 26, will receive credit for the 60 days he has spent at DC Jail as a pretrial detainee.

During the Feb. 23 sentencing, the prosecution read an impact statement in which a victim describes having trouble sleeping and constantly stressing over the assault as well as the thought of being harmed by the defendant again.

The prosecution also noted that Hernandez has a prior felony domestic violence conviction.

Defense attorney Charles Haskell said his client accepts full responsibility for his actions, which is why he pleaded guilty. Haskell also said Hernandez had been struggling with mental health issues as well as a death in his family and estrangement from several family members. He said he is working to solve those issues.

Conditions of Hernandez’s probation include a mental health screening/evaluation and alcohol screening. He must also pay $100 to the Victims of Violent Crime (VVC) compensation fund.

Judge Tasks Counsel with Solving Evidence Problem

DC Superior Court Judge Rainey Brandt continued a Feb. 22 hearing with the expectation that counsel would work through problems with making evidence available.

Gregory Washington is charged with first-degree murder while armed for allegedly shooting 32-year-old Alie Labay on Oct. 24, 2019, on the 900 block of 21st Street, NE.

The prosecution said discovery materials would be provided on an ongoing basis. However, the prosecutor said he did not have any specific dates of when those materials would be available because of the COVID-19 pandemic.

The next hearing is scheduled for April 27.

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