Judge Continues Hearing for Murder Case

A DC Superior Court judge continued a June 2 hearing for a murder case.

Xavier Hamilton, 28, is charged with second-degree murder while armed for his alleged role in the shooting of 39-year-old Ivy Tonnet Smith on March 6, 2016, on the 2800 block of Alabama Avenue, SE.

Hamilton is also charged with possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, possession of an unregistered firearm and unlawful possession of ammunition in this case.

Judge John Campbell scheduled the next virtual hearing for Oct. 26. Hamilton, who is currently being held at DC Jail, does not need to be present for the hearing, but defense attorney Heather Pinckney said she wants her client to be there.

Document: Suspect Sought in Misdemeanor Sex Abuse Offense

The Metropolitan Police Department (MPD) detectives are asking for the public’s help in identifying and locating a suspect in a misdemeanor sexual abuse offense that occurred on May 2.

At approximately 2:00 a.m. at the 400 block of Galloway Street, NE, the suspect approached the victim and engaged in unwanted sexual contact. The suspect was captured on a surveillance camera, according to the press release.

Crime Alerts: June 2-3

There were no crime alerts sent out between 9:00 p.m. on June 2 and 9:00 a.m. on June 3.

The last crime alert sent out by the Metropolitan Police Department (MPD) was for a shooting at 12:28 a.m. on June 2, which was previously recorded by D.C. Witness.

Document: Homicide in Northwest, DC

Metropolitan Police Department (MPD) detectives are investigating a homicide that happened on May 28.

At about 11:51 a.m., officers responded to the 600 Block of Upshur Street, NW, for the report of a shooting, according to the press release.

Upon arrival, officers found two men suffering from gunshot wounds. One was treated for non-life threatening injuries while the other, 16-year-old Kassius-Kohn Glay, was pronounced dead on the scene.

Crime Alerts: June 1-2

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on June 1 and 9:00 a.m. on June 2.

The alert was sent at 12:28 a.m. for an armed robbery at the intersection of Malcolm X Avenue and MLK Jr. Avenue, SE.

Police are looking for a 2015 black Ford Explorer with two Black males wearing all black clothing and ski masks.

They are also looking for a silver Toyota Rav 4 with a Black male wearing light colored clothing.

Judge Grants Murder Defendant’s Motion for New Counsel

A DC Superior Court judge granted a murder defendant’s request for new counsel.

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

The 20-year-old defendant is also charged with armed robbery, carrying a pistol without a license and possession of a firearm during a crime of violence in the case.

“I’m persuaded that new counsel should be appointed for Mr. Houston because it appears to me that the working relationship between Mr. Houston and Mrs. Ballester, for whatever reason, seems to have deteriorated to a place where it’s really just not working,” Judge Neal Kravitz said during the June 1 hearing.

Houston filed the motion for new counsel on his own behalf back in April. This is the second time he has requested a new attorney in this case. Back in 2019, Judge Craig Iscoe appointed Betty Ballester to replace Pierce Suen, Houston’s first lawyer.

“The both of us think it would be best if [Houston] were given a new attorney at this time,” Ballester said.

Judge Kravitz scheduled a status and ascertainment of counsel hearing for June 16.

Judge in Murder Case Grants Defense’s Motion for Subpoena Power

A DC Superior Court judge granted a defense attorney’s request for power to obtain evidence in a homicide case.

Deon Walters, Jr is charged with first-degree murder while armed in the death of 42-year-old Arthur Daniels, IV on Oct. 1, 2020, on the 6200 block of 8th Street, NW. The 18-year-old defendant is accused of shooting Daniels while committing or trying to commit a robbery.

In his written motion, defense attorney Ronald Resetarits requested the ability to obtain all document records and video footage. The data the attorney requested included data from phone records and information from the defendant’s iCloud account. Resetarits requested the information by the next hearing, which is scheduled for Oct. 25.

During the June 1 hearing, Resetarits said the prosecution presented evidence from his client’s iCloud and cell phone data in a prior hearing, which he wants to access.

Judge John Campbell decided not to rule on the motion, advising Resetarits to ask the trial judge, Judge Neal Kravitz, to make a ruling

Later that day, Judge Kravitz granted the motion, according to court documents.

Man Sentenced to Serve 6 Months for Attempted Assault with a Dangerous Weapon

A DC Superior Court judge sentenced a domestic violence defendant to serve six months for attempted assault with a dangerous weapon.

John Doughty was initially charged with assault with a dangerous weapon and possession of a high capacity feeding device before he took a plea deal in April.

Judge Rainey Brandt sentenced Doughty to two years, with all but six months suspended, and 18 months of supervised probation.

During the June 1 proceeding, Doughty repeatedly said that the way he acted was out of his typical character. He repeatedly told the judge “that wasn’t me.”

The judge agreed.

The defendant has no criminal history, and his friends and family wrote letters to the court on his behalf.

“Since I’ve been [in jail,] I’ve been getting back in touch with God,” said Doughty, who has been detained since his initial hearing in January. He promised Judge Brandt that she would never see him again.

As part of his probation, the defendant must not possess firearms or dangerous weapons and stay away from the victims. He must also register as a gun offender.

Homicide Defendant Rejects Plea Deal

On June 1, a murder defendant rejected a plea offer.

Diquan Lucas is charged with second-degree murder while armed in the shooting of 33-year-old Brian Tyrell Butler on Nov. 21, 2019, on the 2300 block of Ainger Place, SE.

The prosecution’s offer would have allowed Lucas to plead down to a lesser charge of voluntary manslaughter while armed. The prosecution would have also requested a sentence of eight to nine-and-a-half years.

According to court documents, on the evening of the homicide, the Metropolitan Police Department (MPD) responded to the 200 Block of Ainger Place, SE, where they found Butler unconscious and not breathing. He had sustained four gunshot wounds.

Lucas, 24, was arrested the following December.

DC Superior Court Judge Lee Milton scheduled the defendant’s next hearing for Aug. 2.

The case has yet to be indicted. Judge Lee asked the prosecution to give an update on their progress towards returning an indictment when they reconvene.

Judge Holds Sole Domestic Violence Defendant During Initial Hearings

During initial hearings on May 28, DC Superior Court Judge Shelly Mulkey presided over 21 defendants, holding one defendant charged in a domestic violence case.

Judge Mulkey held a female defendant who is charged with violating bail by failing to appear in court. The defendant was also brought in on three bench warrants for failing to appear at her hearings in her pending domestic violence cases.

Her underlying charges in those cases include simple assault, attempted threats to do bodily harm, attempted possession of a prohibited weapon and bail violation.

Judge Mulkey decided to hold the defendant because of her prior bench warrant history, her bail case and her alleged noncompliance with reporting conditions in her other cases.

The defendant will be held at the jail until she can be seen by the presiding judge on June 15.

The judge also presided over one sex abuse case. The defendant is charged with second-degree child sex abuse for allegedly touching two children under the age of 18 inappropriately in their home.

Judge Mulkey said she felt the weight of the evidence in the case is strong, but she acknowledged the defendant has no prior criminal history at all. She released him with orders to stay away from the two alleged victims, their home and all minor children.

His next court date is scheduled for Dec. 1.

Crime Alerts: May 31-June 1

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on May 31 and 9:00 a.m. on June 1.

The most recent alert was sent at 11:10 p.m. for a shooting at the intersection of Benning Road and G Street, SE. Police do not have a description of the suspect(s).

The second alert was sent at 9:30 p.m. for a confirmed shooting on the 1400 block of L Street, SE. Police do not have a description of the suspect(s) in this case, either.

Document: Homicide in Southeast, DC

Metropolitan Police Department (MPD) detectives are investigating a homicide that happened on May 31.

At around 8:54 p.m. that day, officers responded to the 1400 block of L Street, SE for the report of a shooting, according to a press release.

There, they found 40-year-old Frank Winchester suffering from a gunshot wound. He was pronounced dead at a local hospital.

Document: Police Investigate Homicide on Sheridan Street

The Metropolitan Police Department is investigating a homicide that occurred on the 100 block of Sheridan Street, NE on May 27.

According to a press release, officers found 39-year-old Bret Desmarteau, a resident from Baltimore, Md., suffering gunshot wounds. The victim was pronounced dead at a local hospital.

Anyone with information about this homicide or any other homicide in Washington, DC can contact the police by calling 202-727-9099. Anonymous information can be sent to the department’s text tip line — 50411. Up to a $25,000 reward is being offered for information that leads to an arrest and conviction of the person(s) responsible.

Judge Holds Homicide Defendant During Initial Hearings

During initial hearings on May 27, DC Superior Court Judge Shelly Mulkey held a homicide defendant and two domestic violence defendants.

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

Defense counsel requested the judge to not find probable cause, saying it is clear from video evidence that Frye, not Kenon, was the aggressor and punched Kenon three times before he allegedly stabbed Frye . She argued there may be probable cause for voluntary manslaughter but not for second-degree murder.

Judge Mulkey did find probable cause. She said she was unwilling to find substantial probability for the charge.

Defense counsel requested Kenon’s release, noting his significant ties to the community, including the many years he has worked at Eastern Market. She also noted that Kenon’s criminal history is mostly dated with more recent convictions being “very minimal” misdemeanors.

Judge Mulkey decided to hold the defendant, however.

She said she considered his ties to the community, but she is concerned about the behavior outlined in the case as well as 11 bench warrants that have been issued for his arrest in the past, 10 prior convictions and the weight of the evidence in the case.

Kenon’s next hearing is scheduled for June 16.

Judge Mulkey also held a defendant charged with simple assault, second-degree theft, destruction of property and attempted possession of a prohibited weapon. The defendant has another pending domestic violence case which involves the same complaining witness, which he was also previously given a stay away order.

The judge decided to hold him pending his next hearing on June 16.

The judge also held one a defendant who is charged with simple assault.

Because he is pending trial in another domestic violence case, Judge Mulkey said she was concerned the defendant would not follow court orders.

His next hearing is scheduled for June 15.

Three additional defendants were released with orders to return to court on Nov. 30. Their charges include simple assault, destruction of property and sexual abuse. All three defendants were given orders to stay away from the alleged victims throughout the duration of their cases.

Crime Alerts: May 27-28

Between 9:00 p.m. on May 27 and 9:00 a.m. on May 28, the Metropolitan Police Department (MPD) sent out two crime alerts.

The most recent alert was sent at 2:39 a.m. for a shooting on the 1900 block of 9th Street, NW. Police are looking for a white Mercedes bearing unknown Maryland tags occupied by a Black male with long dreadlocks and a Black female with long black hair. They were last seen driving east on the 800 block of Florida Avenue, NW.

The second alert was sent at 9:21 p.m. for a robbery on the 1100 block of Howard Road, SE. Police are looking for two Black males. One of the suspects has a slim build and is wearing purple shorts and a grey shirt. The second suspect is wearing a white shirt and black pants.

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