Judge Gives Prosecution Deadline to Respond to Defense’s Evidence Requests in Murder Case

A DC Superior Court judge set a June 9 deadline for the prosecution in a homicide case to respond to the defense’s discovery request for forensic evidence.

Co-defendants Malik Hewitt and Nyekemia Everett are charged with first-degree murder while armed for their alleged roles in the shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE, on April 27, 2017.

Last August, a judge declared a mistrial in the case before closing arguments began due to the COVID-19 pandemic. The defendants are now awaiting retrial, with jury selection scheduled for June 30.

In addition to the results of the pending DNA test, parties also discussed the admissibility of several existing pieces of evidence, including text messages, cell phone records and social media posts.

The prosecution was prepared to agree on several findings without the need to argue them in court, but the defense emphasized the need for discovery concerns to be resolved first. The prosecution said that fingerprint results were given to the defense before this hearing.

The prosecution used a DNA test in the previous trial, which implicated Everett, but not Hewitt, Nikki Lotze, Hewitt’s defense attorney, said.

“If the new DNA results are the same as the government anticipates, that’s not going to generate any requests for continuance for additional testing by Mr. Everett,” Everett’s defense attorney, Michael Madden, said.

Lotze pushed for an expedited response time from the prosecution on her request for forensic evidence.

“It would be far easier to see the government’s position in writing than in conversation,” she said regarding the prosecution. Of the 18 requests Lotze filed a month ago, the prosecution has responded to half of one. Lotze also called the prosecution’s employment of another DNA test “the government farming out to alternative labs.”

The prosecution expects a return on the DNA test by June 25.

“We don’t want to be foreclosed in these stipulations for the lab’s failures and evidence collection and maintenance by having that stipulated away,” Lotze said.

The jury selection is set to take place June 30 and July 1. The trial is set to conclude on July 23. The trial will begin after jury selection and is scheduled to conclude on July 23.

Hewitt is also charged with possession of a firearm during an act of violence, felony murder while armed and conspiracy.

Everett is also charged with possession of a firearm during a crime of violence, unlawful possession of a firearm, fleeing a law enforcement officer, attempt to commit robbery while armed, conspiracy, and obstructing justice in this case.

The next hearing in this case is scheduled for June 18.

Tory Lysik and Mark Lu wrote this article.

2019 Murder Case Continues to Await Indictment, Trial Dates

A DC Superior Court judge continued a murder case after realizing the June 4 hearing was scheduled by accident.

Marco Powell, also known as Tyrell Powell, is charged with first-degree murder while armed in the death of 22-year-old Semaj Alsobrooks. Powell, 24, is accused of shooting Alsobrooks on Sept. 4, 2019, on the 3900 block of East Capitol Street, NE.

Defense attorney Jason Tulley asked Judge Danya Dayson for a definitive timeframe of the trial schedule, but Judge Dayson could not give him one.

The case also has yet to be indicted.

Judge Dayson scheduled a status conference for Sept. 8, at which time they plan to schedule a trial readiness hearing. Judge Dayson attributed the delay in setting a trial readiness date to the prioritization of felony cases that opened at the beginning of the COVID-19 pandemic.

Lizzie Brennan and Anna Newkirk wrote this article.

Judge Schedules Sentencing Date, Orders Competency Exam for Convicted Murderer

On June 3, a DC Superior Court judge agreed to order a competency evaluation for a defendant currently waiting to be sentenced for murder.

In February 2020, a jury convicted 50-year-old Herman Lee Cook, Jr. of first-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction for the shooting of 45-year-old Donald Johnson Jr. on the 5700 block of Georgia Avenue, NW, on Aug. 8, 2016.

The prosecution did not oppose defense attorney William R. Buie‘s request for a forensic screening.

The evaluation is expected to be done by the time of the next status hearing on June 1.

Judge John Campbell set a sentencing date for Oct. 18 as a placeholder. “It may or may not be possible to advance the sentencing date,” he said.

Mark Lu wrote this article.

Crime Alerts: June 3-4

The Metropolitan Police Department (MPD) sent out five crime alerts between 9:00 p.m. on June 3 and 9:00 a.m. on June 4.

The most recent alert was sent at 5:19 a.m. for a stabbing on the 2000 block of Benning Road, NE. Police do not have a description of the suspect(s).

An alert for a robbery was sent at 3:39 a.m. on the 1300 block of N Street, NW. Police are looking for two Black males wearing all dark clothing, last seen heading toward 13th and P Street, NW.

An alert for an armed robbery was sent at 2:18 a.m. on the 600 block of R Street, NW. Police are looking for two Black juvenile males wearing all dark clothing and armed with a handgun. They were last seen running south on 6th Street.

Another alert for an armed robbery was sent at 1:40 a.m. on the 4400 block of Benning Road, NE. Police are looking for a Black male with a slim build, 5’9″ in height, wearing a black ski mask and all black clothing. He was last seen fleeing on 44th Street, NE.

The final alert was sent at 11:34 p.m. for another armed robbery on the 1300 block of U Street, NW. The police have a suspect in custody.

Domestic Violence Defendant Plans to Accept Plea Deal

On June 3, the defense attorney in a domestic violence case said her client plans to accept the prosecution’s plea deal.

The defendant is charged with assault with significant body injury. The terms of the plea deal were not revealed in open court.

DC Superior Court Judge Steven Wellner continued the hearing to June 23.

Judge Holds Off Decision on Request to Change Murder Defendant’s Classification at Hospital

A DC Superior Court judge decided he would wait to rule on an attorney’s request to change a murder defendant’s classification at St. Elizabeth’s Hospital, DC’s psychiatric institution.

Alisa Randall is charged with murder in the stabbing of 59-year-old Ronald Jones Payne on July, 15, 2019. That morning, Metropolitan Police Department (MPD) officers went to an apartment on the 1300 block of Euclid Street, NW, to do a welfare check, according to court documents. Payne was found there with multiple stab wounds.

Randall, 33, was found incompetent to stand trial shortly after her arrest. She has been held at St. Elizabeth’s for nearly two years now, receiving competency restoration treatment.

During the June 3 hearing, defense attorney Ashley Prather-Guzman asked Judge Neal Kravitz to release Randall in this case so she can stay at St. Elizabeth’s while being classified as a civil defendant, rather than a criminal one. Guzman said her client will have more services and treatment options available to her this way.

The prosecution asked for Randall to remain at St. Elizabeth’s as a criminal defendant. The prosecutor expressed concern that classifying Randall as a civil defendant will make it easier for her to be released from the hospital.

Judge Kravitz decided he needed to look into the laws and past cases of a similar nature more closely before making a decision.

The next hearing is scheduled for June 8.

Judge Approves Murder Defendant’s Transfer to St. Elizabeth’s Hospital

A DC Superior Court judge ordered the transfer of a murder defendant to St. Elizabeth’s Hospital, DC’s psychiatric institution.

John Woods, 67, is charged with first-degree murder while armed in the Feb. 19 shooting of 60-year-old Geno Freeman on the 6000 Block of Chillum Place, NE.

Defense attorney Pierce Suen asked Judge Steven Wellner to transfer Woods to St. Elizabeth’s after the results of his last exam, which was done at DC Jail, were inconclusive.

Suen also asked Judge Wellner to seal the incomplete mental evaluation in order to protect Woods’ personal information and possible diagnoses. The judge accepted both requests.

Woods’ next hearing is scheduled for July 12.

Will Lawrence and Mara Osterburg wrote this article.

Judge Approves Extension of Homicide Defendant’s Stay at Youth Detention Facility

On June 3, a DC Superior Court judge extended a convicted homicide defendant’s stay at a youth detention facility to June 14.

Back in 2019, Titus Iracks pleaded guilty to voluntary manslaughter and carrying a pistol without a license for the death of Larry Harrell on the 1200 block of Mount Olivet Road, NE on June 13, 2018. The judge sentenced him to eight and a half years, but stayed the execution of the sentencing. The 19-year-old defendant is being held at the Youth Services Center (YSC), a facility run by the Department of Youth Rehabilitation Services (DYRS), where he is taking college classes.

Defense attorney Ronald Resetarits said his client has made “significant educational progress” and should remain at YSC even though he is no longer a minor.

Judge Danya Dayson mentioned a recent incident in which Iracks allegedly participated in the assault of a minor. The incident prompted YSC management to suggest Iracks’ transfer to another facility.

The prosecution opposed extending Iracks’ stay, saying multiple stays had already been granted due to his studies.

Judge Dayson scheduled another sentencing hearing for June 14 to give Resetarits time to contact YSC and find out their exact plan for going forward with the assault incident and possible transfer.

Harrell was shot while being robbed by Iracks and his 24-year-old co-defendant, Dearren Dawkins.

The defendants were initially charged with first-degree murder in August 2018. They both agreed to plead down to voluntary manslaughter.

Dawkins also pleaded guilty to unlawful possession of a firearm with a prior conviction while armed.

Judge Sets Hearing to Discuss Defense’s Motion to Dismiss Indictment in Murder Case

A DC Superior Court judge gave a prosecutor in a murder case a deadline to respond to the defense’s motion to dismiss the grand jury indictment.

Joseph Brown, 31, and Rondell McLeod, 28, are charged with first-degree murder while armed in connection with the shootings of Amari Jenkins, 21, on Aug. 18, 2015, on the 4900 block of East Capitol Street, SE, and Antwan Baker, 29, on Nov. 12, 2015, on the 5300 block of Clay Terrace, NE.

The two were indicted as co-defendants, but their cases went on to be severed due to errors with ballistic evidence. Those errors caused incorrect information to be presented to a grand jury. McLeod’s attorney, Steven Keirsch, motioned to dismiss the indictment. Brown’s attorney, Brian McDaniel, joined the motion.

Judge Lee Milton gave the prosecution until July 9 to file their response to the motion. He gave the defense until Aug. 9 to respond to the prosecution.

Alicia McCoy is charged with obstruction of justice and perjury in connection with Baker’s homicide. She is currently on pretrial release with GPS monitoring.

During the June 2 hearing, Judge Milton denied her attorney, Rachel McCoy’s, request to remove her client’s GPS.

Parties will reconvene to discuss the motion on Sept. 24.

Mara Osterburg and Abby Lloyd wrote this article.

Judge Continues Murder Case’s Hearing

A DC Superior Court judge continued a June 2 status conference for a homicide case.

Jacobi Williams, 34, is charged with first-degree murder while armed in the death of 38-year-old Phillip Roache on Sept. 17, 2020, on the 7000 block of Blair Road, NW.

Around 11:01 p.m. that day, Metropolitan Police Department (MPD) officers responded to the scene for the report of the sounds of gunshots, according to court documents. There, they found Roache and another man suffering from gunshot wounds. Roache was pronounced dead on scene. The other victim survived.

Judge John Campbell scheduled Williams’ next hearing for Oct. 27. In the meantime, he will remain held at DC Jail.

Judge Holds One Domestic Violence Defendant During Initial Hearings

During initial hearings on June 1, DC Superior Court Judge Judith Pipe released all but one domestic abuse defendant.

There were 19 total defendants brought before the court, and five of the defendants had domestic violence cases brought against them.

One of the defendants is charged with simple assault, attempted threats to do bodily harm and contempt for allegedly violating a condition of release in his pending case.

The defendant has two additional pending domestic violence cases, one of which involves the same complaining witness.

The prosecution requested the defendant be held, saying in his pending case, he is alleged to have dragged the victim out of the shower and hit her in the head until her ear bled. In his new case, he allegedly pushed her over a railing at a nightclub, punching and kicking her in front of several witnesses.

Judge Pipe decided to hold the defendant, saying she believes him to be a danger to the community. His next court date is scheduled for June 22.

Two defendants with new domestic violence cases were released. Their charges include attempted second-degree cruelty to children and simple assault.

Both defendants were ordered to return to court on Dec. 7, and one of the defendants was given a stay-away order from the alleged victim and scene of the incident.

Two final domestic violence defendants were brought in on bench warrants for failing to appear in court. They were both released with new court dates of July 2 to see the presiding judges in their cases.

Judge Schedules Preliminary Hearing for Homicide Case

A DC Superior Court judge scheduled a hearing to determine if a homicide case has enough evidence to go to trial.

Darrell Moore is charged with second-degree murder while armed in the death of 37-year-old Julius Hayes on April 3. Moore, 43, allegedly shot Hayes six times on the 300 block of 8th Street, NE.

Judge Stephen Wellner set the preliminary hearing for July 22. In the meantime, Moore will remain held at DC Jail.

Brennan Fiske wrote this article.

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.

Search