Judge Denies Release for Domestic Violence Defendant

A DC Superior Court judge denied a request to release a domestic violence defendant as he awaits trial.

The defendant is charged with felony assault with a dangerous weapon in a domestic violence case that he picked up towards the end of last October. Back in February, he also picked up a misdemeanor second-degree theft charge. He is now being held at DC Jail in both cases.

During the Feb. 2 hearing, defense attorney Quiana Harris indicated that she wants to move the domestic violence matter towards trial. Judge John Campbell said they could not set trial dates as of now.

With that in mind, Harris asked the judge to release her client into home confinement. She pointed out that the defendant has medical issues that could put him at a higher risk if he catches the coronavirus. She said that the defendant’s medical concerns do not appear to have been addressed since the last time she raised the issue.

The prosecution opposed release, pointing out that he was on GPS monitoring at the time of the more recent alleged offense.

Judge Campbell denied the defense’s request, but told Harris that she could file a motion for reconsideration with the calendar judge. The judge scheduled the next hearing, a status conference, for May 5.

A hearing for the misdemeanor case is scheduled for Feb. 24.

Crime Alerts: February 1-2

Between 9:00 p.m. on Feb. 1 and 9:00 a.m. on Feb. 2, the Metropolitan Police Department (MPD) sent out two crime alerts.

The most recent alert was sent at 2:21 a.m. for a robbery on the 200 block of I Street, SW. Police are looking for three Black males wearing dark clothing and armed with handguns.

The second alert was sent at 10:39 p.m. for an armed robbery on the 400 block of Farragut Street, NW. Police are looking for two suspects wearing masks and dressed in all black clothing.

Judge Sentences Sex Abuse Defendant to Probation

A DC Superior court judge sentenced a defendant to 18 months of probation for attempted third-degree sex abuse.

Judge Todd E. Edelman sentenced Antoine Peach to two years, suspended as to all but time served, which means he won’t need to spend any more time behind bars. He is also required to serve 18 months of supervised probation.

“This was a random attack on a stranger,” the prosecutor said during the Jan. 29 sentencing. “We can all see this as a crime perpetrated by the suspect’s lengthy drug use.”

However, the prosecutor also gave him credit for taking responsibility for his actions rather early in his case. She said that, although the 45-year-old has a lengthy criminal record, this is his first sex abuse charge.

With this in mind, the prosecution recommended a suspended sentence plus 18 months of probation with inpatient treatment, sex offender treatment and a stay away order.

Defense attorney Amanda Rogers pointed out Peach’s effort to remain compliant with court orders despite his homelessness while currently addressing his drug addiction through constant communication with his case manager.

“Mr. Peach is doing everything he can,” Rogers said. “The pandemic causes many problems for him with both his health and ability to stay in contact.”

Rogers also mentioned the defendant’s determination to arrive at her office, even during the Jan. 6 attack on the U.S. Capitol.

Rogers asked that her client be given outpatient treatment options rather than inpatient, as the prosecution recommended, so he could maintain his full-time job.

“I apologize for my actions to the government,” Peach said before he was sentenced. “I was not in the right state of mind. I want to move forward and be successful and be a good person.”

Judge Edelman found the prosecution’s sentencing recommendation reasonable and acknowledged the role that substance abuse played in the crime.

“This is a haunting offense and I can’t put into words its severity. It could and would have been worst if not for the intervention,” he said.

As part of his probation, Peach must take drug tests, remain fully-employed, stay away from the victim and receive a sex offender evaluation and treatment as deemed necessary by the court. He must also pay $100 to the Victims of Violent Crime (VVC) compensation fund.

Peach had been held at DC Jail since his initial hearing on July 11, 2020, until the end of October, when he was released into the High-Intensity Supervision Program (HISP) after entering a guilty plea. He was originally charged with assault with intent to commit first-degree sexual abuse but pleaded down to attempted third-degree sex abuse.

Judge Sets New Murder Prelim After Original Date Interrupted

A DC Superior Court judge scheduled a hearing to determine if a homicide case has enough evidence to go to trial after the original hearing date was cancelled due to the insurrection at the U.S. Capitol.

Quincy Johnson, 17, is charged with first-degree murder while armed in the fatal shooting of 20-year-old Anthony Riley on the 100 block of Walnut Street, NW.

Counsel is involved in plea negotiations, but said they still wanted to have a preliminary hearing. One was set for Jan. 6, but the violence at the Capitol prevented it from happening.

During the Feb. 1 proceedings, defense attorney Roderick Thompson said it had been difficult to schedule a preliminary that wasn’t a month away. He said that after the prior hearing was hindered by the events at the Capitol, there were scheduling conflicts with the Metropolitan Police Department (MPD) detective.

The court official was able to find a closer date, Feb. 11, after Judge John Campbell urged the prosecution to make it work with the detective.

During the early hours of July 17, 2020, MPD officers responded to Eastern Avenue and Walnut Street to assist Takoma Park Police in responding to a traffic accident, according to court documents. They found two men in a vehicle, suffering from gunshot wounds. One of those men was Riley. He was taken to the a hospital, but succumbed to his injuries.

The other victim was taken to the hospital for non life-threatening injuries. He suffered multiple rib fractures, two broken vertebrae, a gunshot wound to the left shoulder and a broken arm.

Also according to court documents, the defendant was meeting with the two victims, who were looking to sell him some T-shirts and firearms. Johnson is accused of shooting them while trying to rob them, which allegedly caused the crash.

Domestic Violence Case will be Resolved with Plea, Attorney Says

A DC Superior Court judge continued a domestic violence case, so the defense attorney can have more time to go over a plea deal with his client.

The defendant is charged with a felony for assault with a dangerous weapon in a domestic violence case.

During the Feb. 1 hearing, defense attorney Kevin Kassees said he is confident this case will be resolved with a plea, but he needs more time to go over the prosecution’s offer with his client and make sure he understands his rights.

The defendant is currently being held at DC Jail, where he’s been since he Dec. 4, 2020.

The prosecution said the offer will remain open until the next hearing, which Judge James Crowell scheduled for March 5.

Judge Continues Hearing after Defendant Leaves

A DC Superior Court judge continued a mental observation hearing in a sex abuse case after the defendant left the hearing and refused to return.

The defendant is charged with misdemeanor sex abuse, attempted misdemeanor sex abuse, simple assault and unlawful entry. He is accused of making unwanted sexual contact with three victims, one of whom he also allegedly assaulted, and trying to make unwanted sexual contact with a fourth victim. This is alleged to have happened on Nov. 27, 2020.

“I don’t need no mental health test, I know what I’m doing,” the defendant told Judge Steven M. Wellner.

Later, defense attorney Stephen Logerfo appeared to have connection problems. As the hearing paused to resolve the issue, the defendant went back to his cell and didn’t comply with requests to return.

Judge Wellner then said he was “reluctant to do too much in his absence.”

The Feb. 1 hearing had been scheduled to discuss the defendant’s mental competency to stand trial. Defense counsel requested a forensic screening to assess this last month, and the court ordered one. The subsequent report indicated that the evaluators were not able to conduct the competency exam.

At the evaluator’s request, Judge Wellner ordered another screening. He also scheduled the hearing to pick back up on Feb. 19.

Judge Wellner said that he doesn’t assume that the defendant’s “not wanting to come back has anything to do with his competency.”

The defendant is also on probation for simple assault in a 2019 case. That case was continued for another show cause hearing on the 19th, so that it can trail the more recent case.

Brennan Fiske wrote this article.

Defendant on Probation for Sex Abuse to be Released from Jail

A DC Superior Court judge released and continued the hearing of a defendant who is on probation for sex abuse. He also, recently, picked up a domestic violence case.

In October, the defendant was sentenced to six months, fully suspended, plus two years of supervised probation for misdemeanor sex abuse of a child or minor. Once he completed a sex offender program, the Court Services and Offender Supervision Agency (CSOSA) could petition for his probation to be terminated early.

However, towards the end of December, the defendant was rearrested and charged with simple assault and second-degree theft in a domestic violence case. He received a notice of noncompliance with his probation stemming from the arrest and an allegation that he violated a stay away order.

The defendant was granted pretrial release for the domestic violence case, but was detained at DC Jail for the probation case.

During the Feb. 1 proceeding, defense attorney Roderick Thompson suggested that his client’s probation could be terminated as unsuccessful, or he could be released so his probation case could trail his new case.

Thompson said his client has been otherwise cooperative with his probation, having come back into compliance with his requirement to receive sex offender treatment and paying the fee he owed to the Victims of Violent Crime (VVC) compensation fund.

A CSOSA officer said it would take about two to three months for the defendant to finish the sex offender treatment program, if he is compliant.

“We can still work with him if he wishes to continue his probation,” the officer said.

The prosecutor also said she wants the defendant to continue treatment, but said the re-arrest was troubling.

The prosecutor said the prosecution is not yet prepared to present facts around the new arrest. The judge said that, because of this, he could not go forward with discussing probation revocation during the hearing.

Judge Fisher ultimately decided to schedule a hearing that comes close to what would be the probation termination date, at which time he’ll take another look at the defendant’s probation. That hearing is scheduled for April 9.

In the meantime, the defendant could continue the treatment program. Judge Fisher told the defendant that he should be getting released from DC Jail later today or on Feb. 2.

Crime Alerts: January 31-February 1

Between 1:00 p.m. on Jan. 31 and 9:00 a.m. on Feb. 1, the Metropolitan Police Department (MPD) sent out one crime alert.

The alert was sent at 1:16 p.m. on Jan. 31 for a robbery on the 1200 block of Wylie Street, NE.

Police are looking for a black Jaguar bearing partial tags “T208.” The suspect was wearing a dark orange hat, black jacket and was carrying a silver hand gun.

Document: Woman Killed in Southeast, DC

Metropolitan Police Department (MPD) officers are investigating a homicide that happened during the early hours of Jan. 31.

At around 12:21 a.m., officers responded to the 1100 block of Bellevue Street, SE for the report of a woman down on a sidewalk.

There, they found 30 year-old Brenea Audrice Franklin suffering from a severe laceration. She was pronounced dead on the scene.

Judge Holds Murder Defendant During Initial Hearings

During initial hearings on Jan. 29, DC Superior Court Judge Judith Pipe held a murder defendant.

There were a total of 19 cases presented before the judge, and she held four defendants. The judge also heard five domestic violence cases, holding one of the defendants.

Christian Arndt is charged with second-degree murder while armed in the death of his father, Donald Arndt.

Christian Arndt, 28, allegedly hit his father, 54, in the head repeatedly with two baseball bats.

Defense counsel requested the defendant’s release, saying there is “ample evidence of psychosis and significant mental health issues.”

The attorney also said that Christian had been given Ativan, or Lorazepam, at a hospital the prior day, which is a drug with known psychotic effects.

Counsel also noted the presence of the defendant’s mother in the courtroom. She was, apparently, advocating for his release and was willing to have him return home with her.

Though Judge Pipe acknowledged the defendant’s complete lack of criminal history, she said she is concerned about the apparent untreated mental health and substance abuse issues which could lead to more violence. Given the circumstances of the case, Christian will be held pending his next hearing, which is scheduled for Feb. 18.

Judge Pipe also held an adult male who is charged with assault with a dangerous weapon and possession of a large capacity ammunition feeding device in a domestic violence case.

The judge decided to hold the defendant because of the serious allegations in the police report.

The victim allegedly drove towards oncoming traffic and bailed out of a moving vehicle because she was so worried about the defendant’s actions, which allegedly include stalking-like behavior., according to court documents.

The defendant’s next court date is Feb. 18.

The judge released four additional domestic violence defendants, three of which are charged with simple assault. The other defendant was brought before the court on a bench warrant for failing to appear at his probation hearings.

All were released with various conditions, including a stay-away order, a no harassing, assaulting, threatening or stalking (HATS) order and requirements to report to the Pretrial Services Agency (PSA) by phone.

All of the released domestic violence defendants are scheduled to return back to court on June 3.

Two Hearings Vacated Due to Technical Difficulties

DC Superior judges vacated two Jan. 29 hearings – one for a triple homicide case and another for a domestic violence case – in part due to technological issues.

Both courtrooms had trouble accessing information related to the hearings, including the court calendar, official documents and emails.

The first vacated hearing was a preliminary hearing to determine if the case against Dale Benjamin has enough evidence to go to trial. Benjamin, 33, is charged with second-degree murder while armed in the deaths of Marquise Lewis, 29, Claudette Williams, 56, and Juwan Wade, 20. The three were found dead on the 5000 block of Bass Place, SE on the morning of July 7, 2020.

In addition to the technical difficulties, Judge Neal Kravitz rescheduled Benjamin’s partially remote preliminary hearing due to the defendant’s possible exposure to COVID-19. Benjamin will have to test negative after quarantining for two weeks before appearing in court.

A court reporter was also not able to attend Benjamin’s hearing.

The domestic violence defendant’s status hearing was also vacated by Judge John Campbell due to issues accessing court information as well as audio and video complications.

The defendant is charged with assault on a police officer after an alleged altercation with a Metropolitan Police Department (MPD) officer on Oct. 21, 2020.

The defendant is currently being held at St. Elizabeth’s Hospital, DC’s psychiatric institution.

Judge Kravitz set Benjamin’s new preliminary hearing date for March 5.

The domestic violence defendant’s next court date, a bond review hearing, is scheduled for Feb. 5.

Eileen Chen and McKenzie Beard wrote this article.

Crime Alerts: January 28-29

Between 8:00 p.m. on Jan. 28 and 9:00 a.m. on Jan. 29, the Metropolitan Police Department (MPD) sent out two crime alerts.

The most recent alert was sent at 12:26 a.m. for a shooting investigation on the 1300 block of Morris Road, SE. Police do not have a description of the suspect(s).

The second alert was sent at 8:50 p.m. on Jan. 28 for a robbery investigation on the 3300 block of Ames Street, NE. Police are looking for three Black males, wearing all black clothing and masks. The suspect was last seen occupying a dark vehicle with dark, tinted windows.

Hearing Rescheduled for Reopened Murder Case

DC Superior Court Judge Marisa Demeo rescheduled a Jan. 28 status hearing for a reopened murder case.

Back in 2015, Arik Sims was sentenced to serve 40 years in prison for the fatal shooting of 33-year-old Lamar Fonville after a jury convicted him of first-degree murder while armed, possessing a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction and a misdemeanor charge for carrying a pistol.

The case was reopened in September of 2019 after the defense said that two hearsay statements were admitted in the 2014 trial.

Fonville was killed on Sept. 20, 2012, on the 4700 block of Georgia Avenue, NW.

The next hearing is scheduled for March 30.

Judge Continues Hearing for 2018 Sex Abuse, Kidnapping Case

DC Superior Court Judge Juliet Mckenna continued a hearing for a sex abuse and kidnapping defendant in the aftermath of a mistrial in 2020 before jury trials were suspended due to the COVID-19 pandemic.

The defendant is charged with first-degree sexual abuse and kidnapping against a minor.

During the Jan. 28 mental observation hearing, Judge Mckenna read the new Department of Behavioral Health (DBH) competency report, which indicated that the defendant is not currently competent to stand trial.

The report recommended that he remain in jail and undergo 60 days of outpatient competency restoration treatment.

The defendant has been in jail since November 2018. The case went to trial in January 2020. Later that month, the jury indicated they were deadlocked and a mistrial was declared.

The next hearing is scheduled for March 18.

Judge Finds Probable Cause in Fatal Shooting Case

A DC Superior Court judge determined that a murder case has enough evidence to go to trial.

Juvon Julian Searles, 39, is charged with second-degree murder while armed in the death of 46-year-old Paul Williams Jr. on July 24, 2018.

That evening, Metropolitan Police Department (MPD) officers found Williams lying in the roadway in front of a 7-11 convenience store on the 800 block of R Street, NW. He was suffering from multiple gunshot wounds, according to court documents. Williams was pronounced dead at a local hospital. Security footage from a nearby metro station shows an individual leaving the scene after the shooting.

Judge Neal Kravitz concluded that the surveillance footage and the police affidavit, while far from overwhelming, were sufficient enough to establish probable cause.

“A question of malice is established quite clearly with three gunshot wounds,” said Judge Kravitz.

Defense attorney James King asked the judge to release his client into home confinement.

“Given the seriousness of the charges, the noncompliance with court orders in the past, and the prior criminal convictions on his record, it is sufficient to protect the community and assure his appearance at future court dates,” said Judge Kravitz when he denied the request.

Searles is also wanted in Virginia, which also makes him ineligible for the High Intensity Supervision Program (HISP) due to the outstanding warrant.

Judge Kravitz transferred Searles to Virginia to resolve the matter for the warrant. The judge also placed a bench warrant on the defendant, so he would not be released after dealing with the Virginia case.

The defendant’s next status hearing is set for May 21.

Brennan Fiske and Adriana Montes wrote this article.

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