Judge Releases Murder Defendant During Initial Hearings

On Jan. 22, DC Superior Court Judge Renee Raymond heard 19 cases during initial hearings.

Of those 19 cases, one was a murder case and one was a domestic violence case.

Judge Raymond released a defendant who is charged with second-degree murder. The defendant, 38-year-old Gary Rush, is accused of killing Keena Dowtin, who was a passenger in his vehicle.

Rush was driving in Fort Dupont Park on Sept. 20, 2020, and, according to court documents, he allegedly said he swerved to avoid hitting a deer, driving into the woods and striking a tree.

Documents state that Rush’s blood tested positive for PCP, and an officer who reconstructed the accident said he was driving around 74 miles per hour and failed to make a turn in the roadway, causing the crash.

Judge Raymond released Rush into the High Intensity Supervision Program (HISP), and he is scheduled to return to court on June 25.

Judge Raymond also released a domestic violence defendant who is charged with simple assault. The defendant was given a stay-away order and ordered to return to court on June 25.

Murder Case Set for Trial Readiness Hearing After Mistrial

A trial readiness hearing has been scheduled for two defendants in a murder case after a judge declared a mistrial as a result of the COVID-19 pandemic.

Nyekemia Everett and Malik Hewitt are charged with first-degree murder while armed in the fatal shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE during the early hours of April 27, 2017.

The trial had proceeded all the way until closing arguments when the mistrial was declared by Judge Anita Josey-Herring in August 2020.

At the time, Judge Josey-Herring, who is now the chief judge of the DC Superior Court.

The judge presiding over the Jan. 21 hearing scheduled the trial readiness hearings to take place on March 3. A date for the trial has not been set at this time.

Hewitt and Everett are also charged with conspiracy, attempt to commit armed robbery and possession of a firearm during a crime of violence. Everett is also charged with unlawful possession of a firearm, fleeing law enforcement officers and obstruction of justice. Hewitt is also charged with felony murder while armed.

Document: Homicide in Douglass

The Metropolitan Police Department (MPD) is investigating a homicide that occurred on Jan. 21 in the Douglass neighborhood.

At around 9:45 p.m., officers responded to the 1800 Block of Alabama Avenue, SE, for the sound of gunshots. Upon arrival, they found 27 year-old Damareus Scott suffering from multiple gunshot wounds. He was pronounced dead on the scene.

Document: Homicide in Washington Highlands

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Jan. 21.

At about 2:48 p.m., MPD officers responded to the 4400 block of 3rd Street, SE due to a reported shooting. When they arrived, they found 27 year-old Andrew Session in the hallway of a residential building, suffering from multiple gunshot wounds.

Session was taken to a hospital, but ultimately pronounced dead.

Trial Plans Change for Murder and Kidnapping Cases

As the suspension of jury trials due to the COVID-19 pandemic remain in place, a DC Superior Court judge changed scheduling plans made three days ago for murder and kidnapping cases.

Cousins Kurt, 21, and Demonte, 19, Hewitt are charged with second-degree murder while armed in the fatal stabbing of 16 year-old Tyshon Perry on May 1, 2018, on the 1300 block of 2nd Street, NE.

The two are also charged in another felony case alongside a third co-defendant, Kevin Sanders. In that case, which also dates back to 2018, the cousins are charged with armed kidnapping and possession of a firearm during a crime of violence. Demonte Hewitt is also charged with first-degree burglary while armed and assault with a dangerous weapon. Sanders is charged with threats to injure or kidnap a person.

Back on Jan. 19, the prosecution estimated that the kidnapping trial would take around three to four days. Judge Juliet McKenna set the kidnapping case for jury selection and trial commencement in mid-April. The murder case would then trail the kidnapping case, with defense motions due for submission on the first of June.

However, on Jan. 22, Judge McKenna decided to change plans to try the murder case first.

The dates set aside for jury selection and trial in the kidnapping case are now vacated. A jury trial for the murder case is now scheduled to begin on the first of November. A motion hearing is also set for July 22.

In that case, the Hewitts are also charged with conspiracy, possession of a firearm during a crime of violence, assault with a dangerous weapon and simple assault.

They are being held at DC Jail. Sanders is on pretrial release.

Judge Hears Four Domestic Violence Cases During Initial Hearings

On Jan. 21, DC Superior Court Judge Renee Raymond heard a total of 14 cases during initial hearings, four of which were domestic violence-related.

Of the four domestic violence cases she heard, the judge held one at the DC jail.

The defendant that Judge Raymond held was brought in on a bench warrant for failing to appear at his hearing in which he is charged with simple assault. He is also charged with a bail violation.

The defendant will be held at the jail until his next hearing, which is scheduled for Feb. 2.

The three other defendants have charges including simple assault, attempted possession of a prohibited weapon and second-degree theft.

Two of the defendants were placed into the High Intensity Supervision Program (HISP) with GPS monitoring. All three were given stay-away orders and told to come back to court on June 24.

Prosecution Requests Continuance for Hearing

DC Superior Court Judge Danya Dayson issued a continuance for brothers, Daivion and Dijon Williams’ murder hearing.

Daivion, 22 and Dijon, 21 were released under home confinement following their involvement in the fatal shooting of Nurudeen Thomas. The incident occurred on the 4100 block of 14th Street, NW on July, 21 2020. The brothers have been charged with felony murder while armed.

The hearing was continued due COVID -19 restrictions making it difficult for the defendants to appear in court.

The Jan. 21 proceeding also served as a pretrial show cause hearing for Daivion. During the proceeding Judge Dayson addressed three curfew violations for the defendant. She determined that the violations were due to tardiness in checking in with Pretrial Services rather than flagrant noncompliance.

Judge Dayson stressed that Daivion must follow the conditions of his home confinement.

Although the show cause hearing did not pertain to Dijon, the judge verbally warned him for his multiple failures to call and check in with pretrial services.

According to court documents, the brothers conspired with other suspects to rob Thomas, 30, but the altercation ended in homicide. Directly after the incident the group drove to Georgia, where the Williams brothers currently reside. The brothers were detained and a search warrant was executed for their house and vehicle. Forensic evidence revealed that Thomas was shot in the defendants’ vehicle.

The hearing is scheduled to continue on Feb. 26 to give the prosecution time to determine when it would be best to order the defendants to present themselves at the DC Superior Court for booking.

Vallen Anderson wrote this article.

Counsel Debates Murder Defendant’s Competency

Parties discussed how to proceed with a murder case after a judge rules that a murder defendant is still not mentally competent to stand trial more one year after her first assessment.

Alisa Randall is charged with second-degree murder while armed in the fatal stabbing of 59-year-old Ronald Jones Payne on July 15, 2019, on the 1300 block Euclid Street, NW.

She is being held at St. Elizabeths Hospital, DC’s psychiatric institution, even though she has expressed the desire to be transferred to the DC Jail.

However, Judge Neal Kravitz, declined her request, saying the hospital is the best place for her because it’s a more therapeutic environment than the jail.

Randall was first found incompetent to stand trial in August 2019 and has been found incompetent on several occasions since then. However, previous reports have said there is “substantial probability” that her competency will be restored.

In Randall’s most recent report from the DC Department of Behavioral Health, the doctor did not indicate that the defendant was likely to become competent in the foreseeable future, said Ashley Guzman, Randall’s defense attorney.

he most recent report was received on Jan. 19.

During the Jan. 21 hearing that followed, another defense attorney, Dana Page, said Randall is far from having rational understanding, which is needed to assist her attorneys.

She also said she doesn’t think there is a basis for the prosecution to have their own expert evaluate the defendant.

Page said she has concerns with the prosecution’s expert’s evaluation. She said the doctor “illegally interrogated” a previous client of hers and the case judge agreed that the information should not have been solicited.

However, the prosecutor said that Page’s description of the events may not be entirely accurate. She said that the expert warned her ahead of time that Page may bring this up.

“What I want to avoid is having something explode 30 days from now and find out the government’s expert has asked Ms. Randall things the expert is not permitted to ask her about,” Judge Kravitz said. He said the allegations are troubling if they are true.

Page also said she wants the prosecution’s expert to offer an opinion on if Randall’s competency can be restored, not if she’s competent. However, the prosecution saidthe request from the defense doesn’t make sense because the expert couldn’t make an opinion on restorability if that expert thinks the defendant’s competence has already been restored. Judge Kravitz agreed.

The defense also said they aren’t asking to be present during the evaluation, but they are asking for advance notice.

The judge agreed to that without any apparent objection from the prosecution. He also ordered that the evaluation be recorded.

Judge Kravitz ordered parties to engage in negotiations, so that both parties has the documentation needed.

“I’m confident you guys can do this,” he said.

The next hearing is scheduled for March 4.

Andrea Keckley wrote this article.

Judge Dismisses Murder Defendant’s Case

A DC Superior Court judge dismissed the case for one of three co-defendants charged with murder after ruling that there is not enough evidence to go to trial.

Lejeezan Toudle, 36, was charged with first-degree murder while armed in the death of Eugene Isaac Jr., who was fatally shot Feb. 15 on the 100 block of N Street, NW.

He had been charged alongside two co-defendants: Elton Wiggins, 54, and Devon Stephens, 34.

Toudle was charged under the felony murder rule. He was accused of killing Isaac while perpetrating or attempting to perpetrate the crime of robbery, according to court documents.

Back in August, Judge Danya Dayson found that the case against the three defendants had enough evidence to go to trial.

Toudle’s defense filed a motion for reconsideration.

During the hearing, the judge ruled that the case against Toudle did not have probable cause. It is now dismissed. The other two defendants’ cases remain open.

Document: Homicide on Farragut Place, NW

The Metropolitan Police Department is investigating a homicide on the unit block of Farragut Place, NW.

Around 9:36 p.m. on Jan. 18, officers located 30 year-old Delonte Wall suffering from a gunshot wound. He was taken to an area hospital where he died from his injuries on Jan. 19.

The department is offering a reward of up to $25,000 to anyone who can provide information that leads to an arrest and conviction for this crime or any other homicide in DC. Anyone with information is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Crime Alerts: January 19-20

Between 9:00 p.m. on Jan. 19 and 9:00 a.m. on Jan. 20, the Metropolitan Police Department (MPD) sent out two crime alerts.

The most recent alert was sent at 10:51 p.m. for a robbery investigation on the 4600 block of Livingston Road, SE. Police are looking for a Black male wearing blue jeans, a blue jacket and armed with a handgun.

The second alert was sent at 9:19 p.m. for a shooting investigation on the 5400 block of Georgia Avenue, NW. Police are looking for a white SUV, which was last seen fleeing the scene.

Amid Coronavirus Restrictions, Trial Preparations Underway

As the DC Superior Court faces the impact of the COVID-19 pandemic, including the suspension of jury trials, a judge set the trajectory for co-defendants charged in murder and kidnapping cases.

Kurt, 21, and Demonte, 19, Hewitt are charged with second-degree murder while armed in the fatal stabbing of 16-year-old Tyshon Perry on May 1, 2018, on the 1300 block of 2nd Street, NE. The defendants are cousins.

The two were charged in this case back in 2018. They were also charged in another felony case along with a third defendant, Kevin Sanders, that year.

In that case, the cousins are charged with armed kidnapping and possession of a firearm during a crime of violence. Demonte is also charged with first-degree burglary while armed and assault with a dangerous weapon. Sanders is charged with threats to injure or kidnap a person.

During the Jan. 19 proceedings, Judge Juliet McKenna set the kidnapping case for jury selection and trial in mid-April. One of the prosecutors estimated that the trial would take around three to four days.

The murder case will then trail the kidnapping case, with defense motions due for submission on the first of June.

In that case, the cousins are also charged with conspiracy, possession of a firearm during a crime of violence, assault with a dangerous weapon and simple assault.

Judge McKenna anticipated that, during the kidnapping trial, some jurors would sit in the jury box and others in the pews to ensure social distancing. The trial is also set to happen in a larger courtroom.

Parties in these cases are scheduled to return to court on March 22.

Judge Revokes Homicide Defendant’s Pretrial Release

On Jan. 19, a DC Superior Court judge revoked a murder defendant’s pretrial release, holding him at the DC jail.

The defendant, Andre Dubose, is charged with first-degree murder while armed for allegedly killing 37-year-old Ahmad Simms on the 1800 block of Q Street, SE.

Dubose, 37, is accused of killing Simms with a wooden object on March 17, 2019. Previously, Dubose had been at the DC jail since July 17, 2019, but he was released into the High Intensity Supervision Program (HISP) on June 9 of 2020 given health concerns as well as limited evidence in the case.

On Jan. 19, Judge Neal Kravitz presided over a pretrial show cause hearing for the defendant, which was originally scheduled in early December of 2020 to discuss the defendant’s alleged lack of compliance with GPS monitoring conditions. Dubose was arrested on Dec. 2 and charged with assault with a dangerous weapon.

In addition to the new case, Judge Kravitz said Dubose has a parole warrant for alleged technical violations in which he is convicted of attempted robbery and assault on a police officer.

Dubose’s defense attorney, Joseph Wong, said that prior to his new arrest, Dubose went for a long time with no incidents, citing his enrollment with Community Connections, a mental health clinic in DC.

The prosecution, however, said that Dubose may no longer be eligible for HISP, as he is alleged to have assaulted the individuals who were also living at the place he resided.

Given that Dubose is currently held at the jail in his new assault case, Judge Kravitz said the only way forward that makes sense is to revoke his pretrial release and hold him in the homicide case.

He said that if he gets released in his assault case, he would be willing to hear from defense counsel regarding reinstating release conditions.

Another hearing is scheduled for March 3 in the homicide case.

Judge Hears 14 Cases During Initial Hearings

On Jan. 19, a DC Superior Court judge heard 14 cases during initial hearings, two of which were domestic violence or sexual abuse related.

The first defendant is a 36-year-old male charged with first-degree burglary and fourth-degree sex abuse. The defendant allegedly stroked himself against the victim’s buttocks while she was sleeping without her knowing that he was in her home.

The prosecution requested that the defendant be placed into the High Intensity Supervision Program (HISP) and ordered to stay away from the victim, her son and her house.

Judge Renee Raymond told the defendant that if the prosecution had requested that he be held at the DC jail, she would have granted it. However, since they did not request a hold, she released him into HISP with GPS monitoring and a stay-away order.

The second defendant is an adult male, who is charged with simple assault and attempted possession of a prohibited weapon, which was a chair, in a domestic violence case.

The prosecution was not opposed to his release, so Judge Raymond released the defendant with orders to come back to court on June 22. He was also given a stay-away order from the alleged victim as well as the location of the incident.

Homicide Defendant Pleads Guilty

A defendant initially charged with second-degree murder while armed pleaded guilty to a lesser charge of voluntary manslaughter as part of an agreement with the prosecution.

David Robinson was convicted in the death of Tia Cokley on July 25, 2020.

That morning, Metropolitan Police Department (MPD) officers responded to the 1900 block of 16th Street, SE for the report of a shooting, according to court documents. There,officers found Cokley on a front porch, unconscious and unresponsive, suffering from apparent gunshot wounds. She was taken to a hospital, but ultimately pronounced dead. She was 40 years-old.

The Robinson, who is also 40, was arrested that day.

Cokley’s death was one of thirty homicides in DC during July 2020, an 88 percent increase from the previous month. July had more homicides than any other month in 2020, according to D.C. Witness data.

As part of the plea deal, the prosecution agreed to dismiss two other misdemeanor cases: one he picked up in 2019, and another he picked up in 2020.

Robinson is scheduled to be sentenced on March 17.

Andrea Keckley wrote this article.

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