A DC Superior Court judge rescheduled a preliminary hearing in a homicide case in light of new GPS and facial recognition evidence.
Darryl Finney, 62, was killed in a fire on May 13. D’Aundrey Scott, 26, is charged with first-degree murder in connection with his death.
After new evidence surfaced from Scott’s cell phone, the defense attorney told the judge that he was concerned with the evidence.
The attorney asked Judge Milton Lee to reschedule the hearing. Judge Lee agreed to do so.
In addition, Judge Lee asked the prosecution to provide the GPS coordinate information to the defense by the end of the week.
Around 12:36 a.m., Metropolitan Police Department (MPD) officers responded to the 900 block of H Street, NE for the report of a fire. According to court documents, officers used camera footage from the scene and observed the defendant producing “what appears to be a gas can” and igniting some paper in front of 910 H St. NE before fleeing on foot. Investigators could see a fire visible on the porch.
Finney was immediately admitted to a local hospital. He died three days later.
A new preliminary hearing date is scheduled for March 23. The hearing will determine if Scott’s case has enough evidence to go to trial.
Feb. 5 marked the first day of a hearing to determine if a murder case has enough evidence to go to trial.
Twenty-year-old Kevin Goggins is charged with second-degree murder while armed for allegedly shooting 28-year-old Yisa Jeffcoat on Oct. 9, 2020, on the 1600 Block of W Street, SE.
During the hearing, a Metropolitan Police Department (MPD) detective told the judge about the presence of a stolen Silver Nissan SUV near the apartment complex where the incident took place. Goggins was allegedly later seen entering the vehicle with a second individual. According to DC Courts’ website, it does not appear as if the second individual has been charged in the crime.
The detective said there was a conflict in which the second individual and Goggins were seeking retaliation against an opposing gang, whose members included Dohn Harmon and Jeffcoat, for the death of Kevin’s brother, Kelvin.
Harmon, 21, is charged with first-degree murder while armed in connection with Kelvin’s death. Kelvin was 18 years old when he was shot on July 1, 2020, on the 1800 block of Q Street, SE.
Due to time constraints, the proceedings did not finish.
Judge Danya Dayson scheduled the hearing to pick back up on Feb. 11, at which time a defense witness is expected to testify.
Eileen Chen and Sarah Gebrengus wrote this article.
A DC Superior Court judge encouraged parties in a misdemeanor domestic violence case to continue plea negotiations after they requested a jury trial.
The defendant is charged with simple assault, resisting arrest and assault on a police officer.
The prosecution and defense attorney Santia McLaurin have been negotiating plea offers, which the defendant has rejected.
During the Feb. 8 hearing, Judge Maribeth Raffinan expressed concern about the trial request being granted for this case. Considering the amount of time the defendant has served and that it is a misdemeanor case, Judge Raffinan said she believes that the criminal division will not prioritize this case.
Judge Raffinan suggested that the parties continue plea negotiations while she contacts the criminal division in regards to setting up the jury trial. McLaurin agreed to work on negotiations.
The next hearing in the case is scheduled for Feb. 22.
Of the 13 cases heard, one was a murder defendant and one was a domestic violence defendant.
Ronald Miller is one of the five defendants that Judge Pipe held. Miller, 41, is charged with second-degree murder while armed in the death of 28-year-old Tiffany Hardy.
Miller, who was reportedly in a romantic relationship with Hardy, allegedly stabbed her 40 times on Feb. 8 in their apartment on the 1600 block of E Street, NE.
Miller’s defense attorney, Anthony Matthews, requested that the judge not find probable cause, saying that Miller was clearly responding to Hardy in self defense.
He said his client had multiple stab wounds on his hands, which are consistent with self defense injuries. “Given all of that, it seems to make out a clear case of self defense on the part of Mr. Miller,” Matthews said.
However, the prosecution said Miller had the opportunity to tell the police about a self defense claim when he admitted to killing her, but he allegedly never did.
The judge said she agreed there is possibly a self defense claim since Hardy allegedly stabbed Miller first, but she said it is clear he used excessive force given the amount of stab wounds found on Hardy.
Judge Pipe ultimately decided to hold Miller since he has an aggravated assault conviction in DC and has a warrant out for his arrest in Virginia. Miller will be held until his next hearing, which is scheduled for March 3.
One additional domestic violence case was heard involving simple assault. The defendant, an adult woman, has no prior criminal history and was released with an order to stay away from the alleged victim and the location of the incident.
DC Superior Court Judge Marisa Demeo continued a Feb. 9 probation hearing for a convicted manslaughter defendant.
James Yarborough is serving five years on probation for voluntary manslaughter in the shooting of Edward Crockett Jr. on the 2000 block of Langston Place, SE in 2000.
According to court documents, Yarborough and another unnamed person were selling drugs near the scene of the crime. Apparently, while Crockett, 50, was trying to buy cocaine, Yarborough attempted to rob him and shot him in the head.
Yarborough, 40, was sentenced to eight-and-a-half years in prison.
At the request of defense attorney Stuart Johnson, Judge Demeo continued the hearing to trail another case that the defendant picked up. In that case, he is awaiting sentencing on Feb. 26 for possession with intent to distribute a controlled substance.
The next probation show cause hearing is set for March 10.
A defendant said he has accepted responsibility for his actions as he was sentenced under the Youth Rehabilitation Act (YRA) in two cases on Feb. 9..
Michael Moore pleaded guilty to carrying a pistol without a license in a felony case. As part of a plea deal, the prosecution dropped his other charges of tampering with physical evidence, possession of an unregistered firearm and unlawful possession of ammunition.
Moore also pleaded guilty to charges in his misdemeanor domestic violence case. He pleaded guilty to contempt in exchange for the prosecution dropping his other charge of attempted threats to do bodily harm. His other misdemeanor domestic violence case, in which he was charged with contempt, unlawful entry, destruction of property and second-degree theft, was dismissed per the plea deal.
Judge Becker said that Moore has already been held for the domestic violence case for more than 180 days; therefore, she can only sentence him to time served for the contempt charge.
For the pistol charge, Judge Becker sentenced the defendant to one year, suspending all of the sentence save for the time he has already served, plus one year of probation.
Conditions of Moore’s probation include taking part in substance abuse assessment and treatment, mental health assessment and treatment and a domestic violence intervention program as deemed necessary by the Court Services and Offender Supervision Agency (CSOSA.)
The defendant is required to attend employment readiness sessions, and or obtain employment.
The defendant must also register as a gun offender within 48 hours of release. the defendant must remain registered 2 years after probation.
Moore must also pay $100 to the Victims of Violent Crime (VVC) compensation fund for the pistol charge and $50 for the contempt charge.
Because he was sentenced under the YRA, his case will effectively be sealed once he completes his requirements.
“I’m sorry for whatever happened to the victim and it won’t happen again. I do need help,” said Moore.
During the Feb. 9 proceedings, defense attorney Matthew Davies said the defense will be testing physical evidence in the case and will send the order over shortly.
Sanders, 55, is being held at a halfway house and undergoing medical treatment at a local hospital. A Pretrial Services Agency (PSA) representative said Sanders has been compliant in checking in daily, with the exception of one missed day.
The prosecution told the judge that Sanders should be under the High Intensity Supervision Program (HISP) instead of general supervision.
However, Judge Neal Kravitz said Sanders is unable to be on HISP or wear a GPS bracelet for medical reasons. Even though Sanders is under general supervision, she was assigned a curfew as precaution.
On March 17, 2019, Metropolitan Police Department (MPD) officers responded to reports of a stabbing at 500 block of Montana Avenue, NE. Knight was found conscious lying in a yard with a stab wound to chest and was pronounced dead at nearby hospital.
The next hearing in this case is scheduled for April 12.
A DC Superior Court judge rescheduled a probation show cause hearing after a defense attorney asked for more time to speak with his client.
The defendant was sentenced to probation for attempted threats to do bodily harm in one case and simple assault in another back in June 2020. The defendant allegedly violated probation the following month and then, in August, picked up a new case for simple assault, contempt and attempted threats to do bodily harm.
All three of the cases are misdemeanors. The defendant’s newer case as well as a previous one were domestic violence matters.
On Feb. 9, defense attorney Jessie Winograd told the court that he has been unable to properly communicate with the defendant, who is currently being held at a DC jail for other charges. According to Winograd, his client is unable to access a third-story room wherein video conferences are held at the correctional facility due to medical complications.
Winograd said the jail has failed to make accommodations for his client.
As a result, Judge John McCabe allowed Winograd to consult with the defendant via Webex in a remote courtroom off the record.
Judge McCabe scheduled the defendant’s next day in court for March 2.
A defense attorney in a domestic violence case said his client has recently expressed interest in a plea deal that would resolve multiple open cases.
The defendant is charged with felony contempt and threat to injure or kidnap a person.
He also has four open misdemeanor cases, three of which are domestic violence matters.
During the Feb. 9 hearing, defense attorney Anthony Viviani said he believes all five cases are jury demandable, but hopes the cases can be resolved with a plea.
DC Superior Court Judge Juliet McKenna continued the Feb. 9 status hearing to May 4 pending a determination as to whether the case will go to trial or be resolved with a plea.
From June 16 to Sept. 30, there were 448 domestic violence defendants presented during initial hearings at the DC Superior Court, in which 75 defendants were held.
Domestic Violence Holds & Releases
About 4 percent (19) of the 448 defendants were charged in felony domestic violence cases. Judges held about 47 percent (9) of those defendants.
Data also shows that 429 of the 448 defendants had misdemeanor charges, of which about 18 percent (66) were held. One defendant’s case was dismissed and 372 were released.
Of the 41 defendants charged with simple assault, who were held, three were in the hospital at the time of their initial hearings.
One of the domestic violence cases is for Seth Andrews, who is charged with first-degree murder in the death of 67-year-old Hazel Evans, his mother, on the unit block of 35th Street, SE on July 16. Andrews, 33, was arrested on Aug. 19 after a witness called the police, saying Andrews went back to his mother’s apartment and kicked down the door.
According to court documents, Andrews called the police to report the murder.
“It’s my fault mommy, I’m sorry I didn’t want to kill you mommy, I’m sorry,” the defendant said during the 911 call.
An autopsy revealed that the victim’s injuries were consistent with strangulation.
Andrews is being held without bail. His preliminary hearing is scheduled for Jan. 25, 2021.
Defendants who were most likely to be held were those charged with either contempt or assault with a dangerous weapon. Approximately 55 percent of all the defendants charged with contempt, during the time period, were held along with nearly 64 percent of assault with a dangerous weapon defendants.
There were also 17 reoffenders who appeared at initial hearings. Charges included, attempted threats to do bodily harm, contempt, simple assault, second-degree theft, destruction of property, unlawful entry, and weapon possession.
About 53 percent of those reoffenders (9 defendants) were held.
A repeat offender whose initial hearing was on Sept. 5 was charged with simple assault, attempted possession of a prohibited weapon, and contempt for violating his conditions of release.
Judge James Crowell said he held the defendant “to protect the victim’s life.”
The defendant, who stabbed the victim in the neck in September, pleaded guilty to simple assault on Oct. 1.
He also pleaded guilty to simple assault in another case that he picked up in January. He was sentenced to 180 days for each simple assault charge, with the entire sentence being suspended along with one year of probation.
As part of his sentence, he is mandated to attend domestic violence intervention courses and was ordered not to assault, threaten, or stalk the victim.
Approximately 43 percent (193 defendants), who were held and released, had multiple domestic violence charges filed.
Cases Per Month
In July and August, the number of domestic violence cases during the initial hearings, which are also called presentments, remained relatively stable. There were 117 cases in July, and 126 cases in August.
There was a 17 percent increase from August to September with 148 domestic violence cases, compared to an 8 percent increase from July to August.
Charges
Simple assault was the most common domestic violence charge during initial hearings at the DC Superior Courthouse with 293 defendants picking it up.
Only two defendants, Andrews and Cory Brown, were charged with murder in a domestic violence case.
Cory Brown is charged with second-degree murder while armed for allegedly shooting his girlfriend, 40-year-old Latasha Estep, with a crossbow on the 1900 block of Good Hope Road, SE on Aug. 8.
According to court documents, a witness saw Brown, 39, outside his apartment on the 3000 block of Stanton Road, SE, holding a knife with a reddish-brown stain on his shirt. Responding Metropolitan Police Department (MPD) officers recognized Brown from a past domestic violence case, which involved the same victim. When MPD officers arrived at the victim’s apartment for a welfare check, they found Estep unconscious and unresponsive with multiple puncture wounds. She was pronounced dead on the scene.
A witness told officers that Brown had been using the victim’s car. After searching the vehicle, officers found a small pistol-grip style crossbow.
Brown was held at his initial hearing in August. His case is pending a grand jury.
Protective Orders
Most domestic violence defendants were issued court protective orders, including stay away orders, Temporary Protective Orders (TPO), Civil Protective Orders (CPO) and no harassing assaulting threatening or stalking (NO HATS) orders.
Of the 448 defendants, 391 were issued protective orders, about 87 percent of all domestic violence defendants.
The remaining 55 defendants, who were released, were either ordered to abide by an existing protective order or not issued one.
During this period, 20 defendants were charged with violating a CPO, and 22 were charged with violating a TPO. One defendant was charged with violating a NO HATS order and simple assault. Of these defendants, ten were held at DC Jail.
Metropolitan Police Department (MPD) arrested a suspect for first-degree murder while armed in connection with a homicide that a detectives’ investigation revealed to be domestic in nature, according to a press release.
At around 8:02 p.m. on Feb. 8, officers responded to the 1600 Block of E Street, NE for the report of a domestic violence assault.
There, they found 28-year-old Tiffany Hardy inside a residence, unconscious and unresponsive, suffering from multiple stab wounds. She was pronounced dead on the scene.
Ronald Miller, 41, was apprehended by responding officers.
Of the 28 cases, there were 8 domestic violence cases, two sexual abuse cases and one murder case.
Judge Pipe held Nelfy Hernandez, who is charged with first-degree murder while armed. Hernandez, 17, is alleged to have shot blindly into a group of juveniles on the 5500 block of 9th Street, NW, fatally shooting 17-year-old Taijhon Wyatt, Jr. on Aug. 10 of 2020.
Hernandez’s defense attorney, Lisbeth Sapirstein, requested the judge to not find probable cause, saying that Hernandez is alleged to have been in the passenger seat of the vehicle, and there is no evidence that the person in that seat shot anyone.
The prosecution, however, said there is a witness who said that Hernandez had both his own gun as well as the witness’ gun. Two different shell casings were found, which suggests that there were two shooters and one driver.
After hearing arguments from both sides, Judge Pipe said she found substantial probability that Hernandez committed the offense. She decided to hold Hernandez, saying the offense was clearly “very well planned out, premeditated,” given the fact that a vehicle was stolen hours before the shooting occurred, which was then allegedly used in the offense.
Hernandez will be held in the custody of the Department of Youth Rehabilitation Services (DYRS) until his next hearing, which is scheduled for March 1.
Judge Pipe also held a defendant who failed to appear for his hearings in four open cases. In one of the cases, the defendant is charged with first-degree child sex abuse in one case and simple assault in domestic violence cases.
The judge decided that the defendant should be held at the jail to be seen by the presiding judge in his cases in February.
Judge Pipe held another domestic violence defendant who is charged with simple assault. The defendant is on probation for two additional domestic violence cases for which he was convicted of simple assault and contempt.
The defendant’s convictions involve the same complaining witness. Judge Pipe said she was not inclined to release him. The defendant will be held at the jail until his next hearing, which is scheduled for Feb. 23.
Judge Pipe released eight defendants charged in either domestic violence or sex abuse cases.
The charges in these cases include assault with a dangerous weapon, attempted second-degree cruelty to children, simple assault, contempt, first-degree child sex abuse, attempted threats to do bodily harm, violation of a Civil Protection Order (CPO) and second-degree cruelty to children.
Seven of the defendants were given stay-away orders, while additional release conditions included a no harassing, assaulting, threatening or stalking (HATS) order, orders not to drive at all, GPS monitoring and an order to not be in the presence of any minor children unsupervised.
The released defendants will return to court in July for their next hearings.
A DC Superior Court judge continued a hearing for a defendant on probation in three misdemeanor domestic violence cases.
Fred Joyner was first charged with misdemeanor simple assault in a domestic violence case from December 2018. He pleaded guilty the following February and was sentenced to serve 30 days plus one year of supervised probation. Joyner later violated his probation twice and was charged in a second domestic violence case for destruction of property less than $1,000 the following July.
Later that month, Joyner was re-sentenced in his first case and released to the Mental Health Community Court probation.
He was then charged with simple assault, attempted possession of a prohibited weapon and contempt in another domestic violence case the following August.
The next month, Joyner resolved the second and third cases by pleading guilty to simple assault and destruction of property less than $1,000.
During the Feb. 8 hearing, defense attorney Mark Rollins requested a continuance of the hearing because Joyner is currently detained in Prince George’s County, Md.
Parties agreed to continue the matter before Judge Gerald Fisher at a date after Joyner is anticipated to be released.
