Judge Vacates Mental Observation Hearing

A DC Superior Court judge vacated a mental observation hearing for a murder defendant.

Darnell Rackett, 19, was charged for the July 4, 2020, shooting death of Antonio Gardiner, 36, on the 1500 block of Pennsylvania Ave, SE.

Parties did not show up to the March 11 hearing, and Judge Marisa Demeo said that the mental health report was not completed.

Another mental health observation hearing is scheduled for March 30.

A juvenile was also arrested and charged with murder in the case. The juvenile is scheduled for a hearing on April 15.

Sex Abuse Defendant Doesn’t Qualify for Earlier Trial Date, Judge Says

A DC Superior Court judge scheduled another hearing for a sex abuse defendant to give him time to resolve a pending parole matter in a different case.

The 46 year-old defendant is charged with third-degree sex abuse for allegedly sexually assaulting a medical staff member who was caring for him on July 8, 2020.

During the March 11 hearing, defense attorney Bernadette Armand said that her client was granted release on cash bond in this matter but had a parole hold in another matter. Armand said, because the defendant has been held in that matter for nine months, he should qualify for an earlier trial date.

Judge Juliet McKenna said the parole matter is not under the court’s authority and, because the defendant is released on bond in this criminal matter, his time served does not make him eligible to receive an earlier trial date.

The next hearing is scheduled for June 15.

Judge Commends Homicide Defendant for Favorable Probation Report

A homicide defendant, who was granted compassionate release from prison in Octoberdue to the COVID-19 pandemic, was reported to be doing generally well on probation.

Back in 2016, Loretta Beckwith was sentenced to serve 7.5 years for voluntary manslaughter for stabbing her 54-year-old boyfriend, Kenneth Fogle, with a kitchen knife following an argument they had in a hallway outside their basement apartment on the 3200 block of 23rd Street, SE on June 13, 2015.

During the Oct. 11 probation review hearing, the second one since her release, a Court Services and Offender Supervision Agency (CSOSA) representative said that Beckwith has secured stable housing in DC, has not tested positive for illicit substances and is making progress in maintaining communication with them.

“I feel like [things are] going slow, but much better,” Beckwith told Judge Julie Becker, who congratulated her on her progress.

In 2020, the defendant, now 53, motioned for a compassionate release.

She wrote a letter to DC Superior Court Judge Rhonda Reid-Winston, detailing the steps she has taken towards rehabilitation while living at a medium security prison in West Virginia. She took several classes, never received a disciplinary report and maintained a job until the pandemic, according to her letter.

She also outlined her several medical conditions, which could put her at a higher risk if she contracts the coronavirus.

“I’m very afraid for my life,” she wrote to the judge. “I don’t want to die here.”

Last October, Judge Reid-Winston granted the motion, reducing her sentence to time served and putting her on five years of supervised probation. Conditions of the probation include a mental health screening and evaluation as well as mental health and substance abuse assessment and treatment.

Judge Becker decided not to schedule another follow up hearing.

Judge Schedules Jury Trial for Murder Case

A DC Superior Court judge continued a March 9 trial readiness hearing for a murder case to August.

Larry Brown, 34, is charged with first-degree murder while armed in the death of 33-year-old Derrick Wright. On March 24, 2018, Wright was found with multiple stab wounds on the 1300 block of Florida Avenue, NE.

During the March 9 hearing, defense attorney Roderick Thompson requested to have motions filed in the month of July and to pursue the trial readiness hearing with the defendant’s presence waived.

Judge Danya Dayson suggested that parties schedule another hearing because the earliest trial date they could set at this time isn’t until October of 2022.

Parties agreed to meet again on Aug. 23 for a trial readiness hearing. In the meantime, Judge Dayson set aside Oct. 3 through Nov. 2, 2022, for the jury trial.

Brown is also charged with possession of a firearm during a crime of violence and assault with intent to kill while armed in this case.

The next trial readiness hearing is scheduled for Aug. 23.

This article was written by Adriana Montes.

Crime Alerts: March 10-11

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on March 10 and 9:00 a.m. on March 11.

The alert was sent at 2:08 a.m. for a stabbing on the 1400 block of Montana Avenue, NE.

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

Judge Finds Probable on Lesser Homicide Charge

A DC Superior Court judge ruled that the case against a defendant accused of killing his mother has enough evidence to go to trial, but only on a lesser homicide charge.

Seth Andrews, 34, was initially charged with first-degree murder in the death of his mother, 67-year-old Hazel Evans, on the unit block of 35th Street, SE on July 16, 2020.

On March 10, Judge Neal Kravitz ruled that there is only probable cause for second-degree murder.

According to court documents, an autopsy revealed that the victim’s injuries were consistent with strangulation.

During the preliminary hearing, the prosecution played a portion of the 911 call the defendant made on the day of the homicide.

“It’s my fault mommy, I’m sorry I didn’t want to kill you mommy, I’m sorry,” the defendant said during the call.

They also played a video clip of Andrews waiting in the police station. “I killed my mother,” he is heard saying. “I’m going to hell.”

A Metropolitan Police Department (MPD) detective on the case testified that blood found at the crime scene was likely a match for Andrews’ DNA. The detective said this blood may have come from a large cut Andrews had on his wrist from one of two separate assaults he had been accused of committing the day before the murder.

The assault cases have been dismissed.

Defense attorney John Armstrong argued that, while Andrews demonstrated erratic behavior during the week of the homicide, none of the witnesses in the case reported that he was violent or that his mother was afraid of him.

Judge Neal Kravitz said that Andrew’s actions before and after the incident were not consistent with the patterns of premeditated murder. He described the homicide as something that was done “quickly and without any forethought.”

Judge Kravitz denied the defense’s motion for release, so Andrews will remain held at DC Jail.

A felony status conference is scheduled for May 10.

Sasha Ridenour wrote this article.

Case Acquitted: Judge Sets Trial Date for Homicide Defendant

Sutton was acquitted of murder and possession of a firearm during a crime of violence on March 23, 2023.

A DC Superior Court judge scheduled a homicide defendant to go before a jury.

Kaevon Sutton, 18, is charged with first-degree murder while armed in the shooting of 22-year-old Aujee Tyler on the 3500 block of Stanton Rd., SE on March 19, 2018.

During the March 10 hearing, defense attorney, Joseph Wong, requested that the judge set the earliest possible trial date for his client.

His client is currently being held at the Department of Youth Rehabilitation Services (DYRS).

Judge Danya Dayson scheduled the trial for Nov. 28 through Dec. 22, 2022. She also scheduled a trial readiness hearing for Aug 17.

Sarah Gebrengus wrote this article

Judge Schedules Preliminary Hearing for Murder Case

A DC Superior Court judge scheduled a preliminary hearing to determine if a case against two murder defendants has enough evidence to go to trial.

Co-defendants Delonta Stevenson, 26, and Vorreze Thomas, 23, are both charged with first-degree murder while armed in the death of 32-year-old Terrence Allen on Jan. 18 on the 3000 block of Stanton Road, SE.

D.C Witness previously reported that Stevenson and Thomas allegedly cut Allen off in a vehicle before shooting close to 50 rounds at Allen’s car.

According to a police report, Stevenson is suspected to have been in the passenger seat and is believed to be the individual who shot at Allen and two other victims who sustained non-life-threatening injuries.

Judge Robert Okun scheduled the preliminary hearing for April 26.

Brennan Fiske and Dalvyn Velez wrote this article.

Judge Continues Hearing for Sex Abuse Defendant

A DC Superior Court judge continued a hearing to late April for a defendant charged with first-degree sexual abuse.

The 42-year-old defendant is accused of sexually abusing a 17-year-old girl.

During the March 10 hearing, the prosecution asked Judge Milton Lee for a continuance. Judge Lee granted the request, scheduling the next hearing for April 27.

Probable Cause Ruling for 3 Teen Murder Defendants Expected Next Week

A decision on whether a murder case has enough evidence to go to trial came nearer as parties delivered their closing arguments on March 8.

Co-defendants Trey Prillerman, 16, Nelfy Hernandez, 17, and Deandre Levy, 19, are charged with first-degree murder while armed for their alleged roles in the fatal shooting of 1- year-old Taijhon Wyatt, Jr on Aug. 10, 2020.

The three are accused of shooting blindly into a group of juveniles from the inside of a vehicle on the 5500 block of 9th Street, NW.

“This has to be fairly characterized as one of the thinnest homicide charges ever brought,” said Prillerman’s attorney, Alvin Thomas.

A Metropolitan Police Department (MPD) detective completed his testimony from the last hearing, explaining that phone location data and cell phone records picked up Prillerman’s phone on cell towers in the neighborhood at the time of the homicide. However, Thomas argued that there was “no evidence Mr. Prillerman had the phone on him that day.”

The detective said that the MPD hopes to complete DNA testing from the suspected car, though he “doesn’t know the stage of testing, or if swabs have been obtained from the defendants.”

The detective also said that, at this current time, no physical evidence has tied any of the three defendants to the shooting. There has also been no identification of them at the scene of the crime besides testimony from one of the witnesses.

This witness identified the three defendants as being on the scene of the crime. However, defense attorneys called into question the reliability of the witness’s statements.

Defense attorney Elizabeth Weller said that she believes the witness may simply be changing the story at will to reduce charges the witness is currently facing.

“This whole case rises and falls on the credibility of someone who’s a stone cold liar; lying to avoid responsibility for his own misdeeds,” Weller said.

Due to time constraints, the proceeding did not finish.

Judge Danya Dayson scheduled the hearing to continue on March 19. She is expected to make her finding at that time.

Brennan Fiske wrote this article.

Judge Postpones Sentencing

A DC Superior Court judge continued a March 10 sentencing hearing in a domestic violence case.

Jamell Sanders pleaded guilty to assault with a dangerous weapon in March 2020.

Judge Michael O’Keefe scheduled a new sentencing hearing for April 1.

Brennan Fiske wrote this article.

Homicide Defendants to go Before Jury After Lengthy Pretrial Detention

A DC Superior Court judge scheduled trial dates for two co-defendants charged in connection with a 2017 homicide.

Antonio Upshaw, 31, and Gabriel Brown, 33, are charged with first-degree murder while armed in the shooting of 24-year-old Tyrone Johnson during an alleged robbery gone wrong on March 10, 2017, on the 2300 block of Pennsylvania Avenue, SE.

Upshaw has been held since December 2017.

“Arrested over three years ago for an incident that happened over four years ago,” said Upshaw’s attorney, Ronald Resetarits, “I would like a lock in a trial date.”

Brown has been held since March 2019.

Judge Danya Dayson granted his attorney, Kevin Irving’s, motion to withdraw as counsel during the March 10 hearing.

The two are also charged with armed robbery, possession of a firearm during a crime of violence, armed carjacking, and unauthorized use of a vehicle. Upshaw is additionally charged with carrying a pistol without a license outside a home or business. Brown is also charged with conspiracy while armed.

Judge Dayson scheduled the trial for Nov. 2 through 22, 2022. She also scheduled a trial readiness hearing for Aug 16.

Sarah Gebrengus wrote this article

February Homicide Count Decreases from January, but Still High

Even though the month was only 29 days long, the total number of homicides that occurred in February in the District of Columbia exceeded the total amount of homicides in December of 2020.

According to D.C. Witness data, there were 15 homicides in February, three less than the total count in January, but two more than the total count for December 2020.

Data shows that 73% of the homicides in February resulted from gun violence.

The ward that saw the most amount of homicides was Ward 7 was nearly 50 percent of the homicides for the month. In January, Ward 7 accounted for two homicides.

Officers from the Metropolitan Police Department arrested five suspect for homicides in February. The suspects include:

Ronald Donnel Miller, 41, who is charged with second-degree murder while armed for allegedly stabbing 28-year-old Tiffany Hardy on the 1600 block of E Street, NE on Feb. 8.
Keith Hudson, 35, is charged with first-degree murder while armed for allegedly shooting 30-year-old Isaiah Glover on the 4100 block of Minnesota Avenue, NE on Feb. 6.
Aaron Smith, 24, is charged with second-degree murder while armed for his alleged involvement in the death of his father 60-year-old Edward Smith on the 2100 block of 36thPlace, SE on Feb. 12.
John Woods, 66, is charged with first-degree murder while armed for his alleged involvement in the death of 60-year-old Geno Freeman on the 6000 block of Chillum Place, NE on Feb. 19.
Joshua Young, 21, is charged with first-degree murder while armed for allegedly stabbing 50-year-old Walter Lee Rogers on the 3900 block of Minnesota Avenue, NE on Feb. 21.

Judge Sets Plea Hearing for Defendant

DC Superior Court Judge John Campbell scheduled a plea hearing date for a domestic violence defendant.

The defendant is charged with assault with a dangerous weapon, kidnapping and threat to kidnap or injure a person. The defendant received those charges in December 2020.

The plea hearing is scheduled for April 5, 2021.

Judge Holds Murder Defendant During Initial Hearings

During initial hearings on March 9, DC Superior Court Judge Lloyd Nolan held a first-degree murder defendant.

In total, there was one homicide defendant and four domestic violence defendants presented before the judge.

Rashon Hall is charged with first-degree murder while armed in the shooting of 22-year-old Joseph Simmons on Jan. 3. It was the second homicide to be reported in DC in 2021.

According to the police report, Hall, 25, allegedly shot Simmons from behind at 11:23 a.m. on the 2800 block of Alabama Avenue, SE.

Defense counsel asked the judge not to find probable cause, saying that there is a lot of information about the car that was involved in the shooting but nothing that truly identifies the shooter. According to one of the witnesses, the suspect was a Black male with dreadlocks, but Hall has twists, which defense attorney Dana Page said are quite different.

The prosecution asked the judge to find probable cause citing the cell site data that was collected using Hall’s phone number, which allegedly follows the path of the shooter on Jan. 3.

The judge did find probable cause, though he admitted the description of the suspect was very vague. However, he said the description of the car, including a partial license plate number, was found to be connected with Hall.

Additionally, another witness came forward and said he helped Hall spray-paint the car sometime after the offense occurred.

Judge Nolan decided to hold Hall pending his next hearing given the nature of the crime and because Hall is on pretrial release for another firearms offense.

Hall’s next hearing is scheduled for March 31.

A domestic violence defendant, charged with destruction of property and violation of a Temporary Protection Order (TPO) was also held because he was unable or unwilling to agree to the terms of release.

The defendant appeared via WebEx video from the Central Cell Block (CCB).

During the hearing, the judge and defense counsel both tried to speak to the defendant regarding staying away from the alleged victim and following the TPO, but he was unresponsive. Defense counsel said that he was in compliance with his parole conditions, but the judge said he was unwilling to release him if he could not be confident that he would follow orders.

The defendant’s next hearing is scheduled for March 30. Defense counsel also requested a forensic screening for the defendant.

Finally, three additional domestic violence defendants were released to return back to court on Aug. 10. Their charges involved simple assault, destruction of property, attempted second-degree theft and contempt. In addition to reporting to the Pretrial Services Agency (PSA), they were all given stay-away orders from the complainants in their cases.

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