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.

Judge Grants Pretrial Release for Domestic Violence Defendant

A DC Superior Court judge released a domestic violence defendant from DC Jail so he could attend an inpatient treatment program.

The defendant is charged with destruction of property and contempt in his domestic violence case. He is also charged with simple assault and sex abuse in two misdemeanor cases.

Judge William Nooter chose to release the defendant with a stay away order that gave the defendant 24 hours from the time he left the jail to report to the medical facility.

Judge Nooter also allowed the defendant to have supervised visits with his child, who currently lives with one of the victims. The defendant was placed under the High Intensity Supervision Program (HISP).

During the Feb. 23 hearing, the prosecution expressed concern with the defendant’s ability to follow the stay away order.

But, defense attorney Megan Allburn said the facility could take the defendant in immediately until they could find him a long-term housing situation.

During a January hearing, Judge Judith Pipe held the defendant on a cash bond after the defense and the Pretrial Services Agency (PSA) could not find a place for him to stay if he were to be released into home confinement.

The defendant’s next court date is scheduled for March 2.

Vanessa Sousa wrote this article.

Judge Holds One Domestic Violence Defendant During Initial Hearings

During initial hearings on Feb. 23, DC Superior Court Judge Judith Pipe presided over 26 defendants.

Of the 26 defendants brought before the court, seven defendants had domestic violence charges.

Of these seven defendants, Judge Pipe only held one at the jail.

The defendant, a 34-year-old male, is charged with two cases involving simple assault, attempted possession of a prohibited weapon (a mop and a plastic hanger) and a bail violation.

The defendant was also brought in on two bench warrants for failing to appear at his probation hearings for domestic violence convictions of simple assault and attempted threats to do bodily harm.

Judge Pipe found probable cause and decided to hold the defendant, citing his noncompliance with his probation requirements and his multiple failures to appear in court. The defendant’s next hearing is scheduled for March 16.

The remaining six domestic violence defendants were all released with orders to return back to court on July 27.

Their charges included attempted threats to do bodily harm, violation of a Temporary Protective Order (TPO), simple assault, destruction of property, second-degree theft and possession of a prohibited weapon, which was a knife.

All of those defendants were ordered to report to the Pretrial Services Agency (PSA) once a week by phone, and five of the defendants were given stay-away orders from the alleged victims or locations of the incidents.

The remaining defendant was given an order not to harass, assault, threaten or stalk (HATS) the complainant in his case.

Crime Alerts: February 23-24

The Metropolitan Police Department (MPD) sent out two crime alerts between 9:00 p.m. on Feb. 23 and 9:00 a.m. on Feb. 24.

The most recent alert was sent at 10:35 p.m. for a shooting investigation on the 2100 block of I Street, NE. Police are looking for a Black male wearing a white shirt, blue jeans and a skull cap driving a black Mercury Merada.

The second alert was sent at 9:09 p.m. for a robbery investigation at the intersection of 14th and K Street, NW. Police are looking for three Black male juveniles wearing dark jackets. They were last seen riding a moped east toward Florida Avenue.

Judge Continues Hearing for Decision to Suppress Witnesses Identification of Juvenile in Homicide Case

On Feb. 22, a DC judge continued a hearing for more information from defense counsel regarding a motion to suppress two officers’ identifications of a juvenile defendant who is charged with murder.

The juvenile allegedly shot 36-year-old Antonio Gardiner on July 4 outside of a McDonald’s restaurant in Southeast, DC. The juvenile is being held under the supervision of the Department of Youth Rehabilitation Services (DYRS).

According to defense counsel, Christen Philips and Kevin O’Sullivan, the witnesses are unreliable and their identifications were too subjective. Additionally, counsel said the witnesses simply did not have enough prior interaction with the juvenile to make a proper identification.

Philips and O’Sullivan said there were apparent gaps and discrepancies from the identifying witnesses, specifically regarding their prior history with the juvenile.

Part of the defense’s argument on Feb. 22 included three detectives and one lieutenant with the MPD, whose testimony supported the defense’s motion for DC Superior Court Judge Andrea Hertzfeld to deny the submission of the officers’ Feb. 16 and 18 testimonies of how they identified the juvenile.

According to one of the detectives examined on Feb. 22, the sergeant, who identified the juvenile as the suspect, told him that he used to see the juvenile two times a week since October 2018. But, according to defense counsel, the sergeant said he did not know of the juvenile until March of 2020.

Another discrepancy came from the other MPD officer, who identified the juvenile on the night of July 4.

According to the officer’s testimony on Feb. 18, he spoke with a Housing Authority officer to remember the name of the juvenile before identifying him. But when the witnesses were examined on Feb. 22, the officer never mentioned speaking to the Housing Authority officer to any other police officer.

The defense said these discrepancies are cause for concern and show enough evidence for the judge to rule their testimonies inadmissible when the case goes to trial.

However, the prosecution argued that the witnesses’ testimonies are admissible, citing their 22 years of experience and their absolute confidence in their identification of the juvenile.

When referencing the officer who had a hard time remembering the juvenile’s name, the prosecution said that he is simply not good with names, and he comes across hundreds of kids during his job. The prosecution also said the officer was able to identify the juvenile by his gait, which, the counselor argued, is more substantial than matching a name to a face.

Judge Hertzfeld said she was not prepared to make a ruling on the motion to suppress given new information that the prosecution intends to submit, including additional identifications that were made by the officers from video footage.

The juvenile has also been charged with the murder of 52-year-old Everett King, which occurred on July 6.

Judge Hertzfield said she has not made a decision on whether to join both murder cases together for trial. However, she said she will discuss the option with counsel at the next hearing.

The next hearing is scheduled for March 5 to discuss both the motion to suppress and the defense’s motion to not join the two homicide cases at trial.

Read D.C. Witness’ previous articles on the juvenile’s case.

This article was written by Krystin Roehl

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