Judge Admonishes Defense for Claiming Prosecution Lied

DC Superior Court Judge Rainey Brandt admonished a defense attorney for claiming prosecutors were lying about evidence on Oct. 6.

David Pena, 48, is charged with second-degree murder while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in the fatal shooting of 24-year-old Maurice Robinson. The incident occurred on the 2900 block of Southern Avenue, SE on June 12, 2023.

During the hearing, the prosecution and defense made arguments regarding body-worn camera footage. Dana Page, Pena’s attorney, requested body-worn camera footage that allegedly links an act of arson to the shooting. Page claimed that officers in the footage stated that the arson was in retaliation for the shooting two days prior.

The prosecution argued that associating the arson and shooting is not evidence of anything and is common.

Page claimed that the assertion that the only other evidence in this case is testimony made by a witness to a grand jury is a lie. The prosecution objected to that characterization.

Judge Brandt stated that the claim was “uncivil” and made it clear that the claim would not be tolerated. She insisted that it is not the job of the prosecution to decide what is helpful to the defense and it is not the defense’s responsibility to disclose what is helpful to them.

Prosecutors also took issue with the defense’s expert witness specializing in trauma. They stated that the type of testimony is not well established nor do they understand its content.

Page stated that the prosecution is aware the testimony’s content and that there is case law supporting it.

Judge Brandt noted that the scheduled trial date appears to be at risk as this is a complicated matter and the government shutdown is impacting the prosecution’s ability to obtain their own expert witness.

In response to the Page’s request for audit logs pertaining to body-worn camera footage as well as the body-worn camera footage itself, Judge Brandt ordered that they be turned over to the defense. She stated that the defense is not asking for anything unreasonable and it does not matter how the prosecution views evidence, what matters is whether or not the defense is entitled to it.

Parties are slated to reconvene on Oct. 10.

Judge Order’s Murder Defendant’s Confidential Competency Report Destroyed

DC Superior Court Judge Rainey Brandt ordered a prosecutor on Oct. 3 to destroy all records in relation to a murder defendant’s mental competency proceeding as mandated by law.

Stephon Shields, 29, is charged with two counts of first-degree murder while armed, first-degree burglary while armed, three counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a prior convict, and carrying a pistol without a license, for his alleged involvement in the fatal shooting of 58-year-old James Samuels. The incident occurred on the 2900 block of Nelson Place, SE, on June 2, 2023.

To stand trial, a defendant must show enough mental competency to understand the charges he faces, as well as be able to help his attorney.

According to court documents, Shields allegedly confronted Samuels, his ex-girlfriend’s fiance, in his apartment where they got into a heated argument. The incident quickly escalated, and Shields reportedly shot Samuels 22 times, including once in his penis.

Defense attorneys Sylvia Smith and Ashley Prather withdrew their opposition to the Department of Behavioral Health’s (DBH) mental health evaluation results on Sept. 4, which determined Shields was competent to stand trial.

At the Oct. 3 hearing, Judge Brandt noted that the competency evaluations had been ongoing, so “it’s like [the case] is coming to life again.”

Smith added that, because the defense withdrew its opposition, the prosecution should have already destroyed all records in relation to competency proceedings in their possession or should have returned them to the court.

The prosecutor indicated he had yet to do either and wanted time to check the rules on the destruction of records.

“Let’s talk about it because those are very sensitive records,” Smith said and found it “troubling” the prosecution requested time to review.

Smith asked Judge Brandt to order the prosecutor to destroy all competency and DBH-related reports according to the protective order, but the prosecutor argued the defense never made a formal motion.

Judge Brandt refuted the prosecution’s point about a formal notion and told him he must abide by the protective order.

Murder Defendant Pleads Not Guilty at Arraignment

A murder defendant pleaded not guilty to all charges on Oct. 2, before DC Superior Court Judge Jason Park.

Quateze Moore, 47, is charged with first-degree murder premeditated while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm less than one year after conviction for allegedly fatally shooting Martinez Robinson, 25, multiple times on the 1300 block of Girard St NW on Aug. 23, 2024.

Peter Odom, Moore’s attorney, alerted Judge Park of his intent to plead not guilty to all charges and asserted his constitutional rights, including the right to a speedy trial.

The parties are slated to reconvene on Feb. 13.

Detective Continues Surveillance Testimony in Homicide Case

A lead Metropolitan Police Department (MPD) detective continued testimony in a shooting preliminary hearing before DC Superior Court Judge Todd Edelman on Oct. 3.

Carlton Simon, 20, is charged with second-degree murder while armed for his alleged involvement in the fatal shooting of 17-year-old Angel Dominguez on May 29, 2025 that occurred on the 900 block of Florida Avenue, NW.

The prosecution called the detective for Simon’s case to testify about videos from the day of the shooting that capture the crime scene as well as the flight path of the suspect following the incident into the U Street Metro station.

Footage of the incident depicts an individual wearing black Purple brand jeans with a white tag, a black hoodie, and black and white Jordan shoes, apparently holding a handgun in their right hand, firing multiple shots, and then running down 10th Street, NW. The detective testified that they believed this individual to be Simon.

Different video footage from the 2200 block of 10th Street, NW provided by Howard University apparentlyshows the same individual running eastbound down 10th Street, which the detective testified saying they believed this to be Simon’s flightpath following the shooting.

After being shown multiple angles of video footage from the same block, the detective testified that they believed Simon ran into the alley on the corner of 10th Street, NW.

The prosecution then presented security footage from the intersection of 11th and U Streets, NW, where the detective identified Simon to be crossing the intersection and running down 11th Street. The detective also testified that three MPD squad cars are seen driving down U Street NW, and that the suspect, identified as Simon, appears to stop running and slow his pace as they drive by.

The prosecution followed this by showing footage outside of the U Street Metro station minutes after the shooting, where the detective once again identified Simon near the entrance. The detective testified that they requested all security footage from three-to-four p. m. on the day of the shooting from Metro at the U Street station.

As the prosecution moved to show video footage inside of the Metro station, the detective testified that a still from this set of footage was used by MPD allegedly to identify Simon with a witness of the shooting. The video footage showed an individual, later identified as Simon, near the turnstiles of the U Street station, scan his SmartTrip card, and enter the tracks of the station.

The detective testified that after the footage showed the individual scanning his SmartTrip card, MPD requested subscriber information and transaction information for the U Street Metro station for that day. The detective testified that this information revealed that Carlton Simon’s SmartTrip card was ostensibly being used at the U Street Metro station at around 3:13 p. m. MPD documents recorded the shooting at 3:07 p. m.

The prosecution asked the detective if they were aware of the last stop Simon used his SmartTrip card that day, to which the detective testified that Simon’s transaction records showed that he last scanned his card at the Gallery Place Metro station.

The prosecution proceeded by showing footage from inside of the Gallery Place Metro station, where the detective identified the suspect exiting the station at approximately 3:38 p. m.

The prosecution asked the detective about the fact that in their arrest warrant, the detective mentioned that they believed Simon and the victim appeared to be classmates. The detective testified that this was true, and that Simon was present in school that day, according to attendance records.

The detective testified that besides requesting security footage following the shooting, MPD also requested footage in the morning outside of Simon’s home, as well as from both the Gallery Place and U Street Metro stations.

The prosecution showed security footage of the courtyard of Simon’s home on Benning Road, where the detective was able to identify a person said to be Simon wearing the same Purple brand black jeans with a white tag, black hoodie, and black and white Jordan shoes walking towards the street at approximately 9:46 a. m.

Another angle of the courtyard was also shown, and the detective once again testified that Simon was the individual captured on film.

Next, security footage inside of the U Street Metro station was shown, and the detective testified that MPD had requested all security footage from inside the station from 10-to-11 a. m. the morning of the shooting.

At approximately 10:23 a. m., the detective testified that Simon, wearing the same clothes, was waiting at the tracks of the metro station.

The prosecution also showed video footage of the individual identified as Simon exiting the station, where he is holding a cellphone in his left hand. The detective testified that the individual in the frame was Simon, and noted that on Simon’s right side an L-shaped bulge consistent with a firearm was visible.

The detective also testified that Simon’s hair was of note, as he was wearing a twist hairstyle where his hair was “long and out”.

The detective stated that during the shooting, video footage captured the suspect shooting with his right hand.

Simon first met with MPD detectives on June 18, where the detective testified that he complied with officers and was accompanied by his mother to be interviewed.

On Sept. 16, Simon was arrested, and the detective testified that at the time of his arrest, MPD seized his cellphone and filed the appropriate warrants in order to extract evidence from the phone.

The prosecution presented a number of images extracted from Simon’s cellphone, two of which were pictures of an individual holding a handgun that the detective testified believed to be Simon.

In one of the images, the individual’s face was blurred, but the detective testified that Simon was the individual in the image, given a similar build, and the fact that he was wearing the same black hoodie from the day of the shooting.

Another image that the prosecution presented to the detective was a screenshot from Instagram that listed a number of shooting victims within the D.C. area, where Dominguez appeared third on the list.

The prosecution also presented another screenshot from Instagram recovered from Simon’s phone that the detective testified was the victim and his friend.

The prosecution also presented allegedl conversations from Simon’s phone the day of the homicide, where the detective testified that Simon stated “I’m tryna bag him, I don’t GAF”.

GAF is a slang term for I don’t give a f***.

The prosecution also presented MPD’s extraction report for Simon’s Instagram account, which the detective testified was created on June 6 with the username “yourripnext”.

The prosecution then presented a screenshot of an Instagram livestream from an account with the same username, which the detective testified was Simon on the livestream. The detective also noted that Simon had appeared to cut his hair, which was longer the day of the shooting.

The prosecution also presented multiple different audio clips of rap songs from Simon’s phone. Lyrics in the song were observed to be saying “If I said I’m gonna kill you just know I mean it” and “When I pulled up with bruh I put one in his chest”. According to the detective, Dominguez was killed by a gunshot to the chest.

The detective testified that the voice in the recordings was recognizable as Simon’s voice given that Simon has a notable lisp that can be heard throughout the recordings.

Due to time constraints, Judge Edelman was unable to rule on probable cause.

Parties are slated to reconvene on Oct. 17.

Trial Paused After Victim’s Testimony Raises Constitutional Issues

A trial was abruptly paused after the victim’s testimony raised a potential Fifth Amendment issue before DC Superior Court Judge Judith Pipe on Oct. 2. In essence, the victim might be testifying against himself.

Dominick Jackson, 41, is charged with assault with a dangerous weapon, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in a shooting that occurred on Nov. 20, 2022, on the 700 block of 12th Street, NE.

A witness with a connection to the victim and the defendant continued her testimony from the day before. She is the mother of two of Jackson’s children, and had a platonic relationship with the victim at the time of the incident. The witness reiterated that she did not want to be testifying and had not wanted to get involved in the case.

The reason she explained is that she had not spoken to the police on the night of the incident. The defense, Kevin Robertson, also clarified that she did not call the police in the days following the shooting, even after visiting the victim in the hospital. Police had, however, tried in the days following the shooting to contact her, including knocking on her door, which she ignored.

The relationship between the victim and the witness was strained. When prompted by Robertson, she spoke at length about the numerous calls to the police she had made regarding the victim’s slashing her tires, damaging her property, showing up at her workplace, and threatening her. Several times, she had also taken out civil protection orders (CPO) against him, but dropped them in an attempt to “keep the peace” between them.

On one of the days that she called the police, in May 2022, she and the victim had gotten into an altercation, and he had allegedly broken her television. She called Jackson to tell him not to come pick up his children that day, at which point the victim grabbed her phone. The two men argued over the phone, the victim allegedly telling Jackson not to worry about his children because “they’re mine now.”

According to the witness, the victim also threatened to kill Jackson. Jackson asked him to repeat it, and, despite the witness asking him not to, the victim repeated the threat.

As the trial resumed, the judge ruled that the prosecution could not present hearsay statements from a witness who refused to testify, reportedly out of fear for her safety. Despite earlier requests by the defense, the prosecution declined to introduce a statement from a victim advocate, though that individual will be made available as a witness.

The victim then took the stand, describing his complex relationship with the mother of the defendant’s children, past threats from the defendant, and the night of the incident. He recounted seeing the defendant near a restaurant, then later being shot five times, including twice in the leg. He allegedly identified the defendant in court and stated he saw him retrieve a gun from under a truck before opening fire.

Cross-examination grew tense as the defense questioned the witness’s credibility and motivations, raising a 2024 Civil Protection Order and a pending criminal case, where the victim unlawfully, knowingly, and intentionally distributed a quantity of cocaine on Feb. 21, 2024. This raises concerns about potential Fifth Amendment implications about self-incrimination, as it prompted the court to pause proceedings so that the victim could consult with his attorney.

The mother of the defendant’s children returned to the stand to describe a phone conversation between the defendant and the victim, during which the defendant appeared calm despite being informed of a Civil Protection Order. She was later excused, and the judge granted her release from electronic monitoring.

An officer also took the stand. He identified photos that were taken of the car after the victim was removed, explaining to the jury where the bullet holes could be found. His body-worn camera footage showed the officers removing the victim from the car, unconscious, and assessing his injuries. They had performed life-saving medical treatment before an ambulance arrived to transfer the victim, at which point the officer was no longer involved with the case.

The trial was paused and is slated to resume on Monday, October 6, allowing time for legal counsel to meet regarding the witness’s rights and testimony.

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Michaela Mogavero & Crisstal Negron

Defendant Pleads Guilty in Non-Injury Shooting

A shooting defendant accepted a plea offer before DC Superior Court Judge Andrea Hertzfeld on Oct. 1.

Dedric Owens, 27, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his alleged involvement in a shooting that occurred on Oct. 28, 2024. The incident occurred on the 4800 block of North Capitol Street, NE and no injuries were reported.

Owens pled guilty to both charges in exchange for the prosecution not pursuing an indictment. Under the plea agreement, both parties agreed to the lowest range of the sentencing guideline for the assault with a dangerous weapon charge, and either the bottom of the guideline range or the mandatory minimum, whichever is higher, for the unlawful possession charge, with a maximum of three years of supervised release.

The maximum possible sentences for assault with a dangerous weapon and possession of a dangerous weapon during a crime of violence is both in DC is ten years and/or $25,000 fine.

Prosecutors shared that, had the case gone to trial, they intended to prove Owens fired a gun at the complainant, striking the door of the complainant’s apartment following a confrontation.

Parties are slated to reconvene for sentencing Dec. 12.

Homicide Defendant Pleads Not Guilty to Murder, Robbery

A homicide defendant pleaded not guilty before DC Superior Court Judge Dayna Dayson during an Oct. 3 arraignment hearing.

Kenneth Coleman, 39, is charged with first-degree murder premeditated, robbery while armed, felony murder while armed, three counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of 24-year-old Jireh Martinez on the 1300 block of Valley Place, SE, on Nov. 13, 2023.

Coleman is charged with co-defendant Isaac Pinkney, 34, who is charged with first degree murder while armed, robbery while armed, and felony murder while armed for his alleged involvement in the Nov. 13, 2023 fatal shooting. Pinkney was not present at the Oct. 3 hearing.

According to court documents, Martinez died from a gunshot wound to his head after being found unconscious on the street.

After all charges were read to Coleman during the hearing, he affirmed his not guilty plea. The parties will continue to prepare for a jury trial that will be scheduled during a Jan. 9 hearing.

In preparation for trial, defense attorney Kevin Mosley asked the court to transfer Coleman to the DC Jail from Northern Neck Regional Jail in Virginia. Mosley told the court that Coleman needs medical attention because he is suffering from an ailment on his leg and that communication with his client has been hindered by his current location.

Judge Dayson placed a 1325a hold on Coleman, meaning that he will be transferred into her jurisdiction of DC for pretrial matters.

Mosley also announced to the court that he will be petitioning for a severance of the defendants at the next hearing, which will separate Coleman from his co-defendant in the case.

Parties are slated to reconvene Jan. 9.

Prosecution Evidence Links Co-Defendants to Conspiracy, Homicide

Footage used in the investigation of a fatal shooting was shown before DC Superior Court Judge Rainey Brandt on Oct. 6 and arguments were presented attempting to link murder co-defendants to a conspiracy.

Reginald Steele, 26, is charged with first-degree murder while armed, conspiracy, ten counts of assault with intent to kill while armed, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, two counts of tampering with physical evidence, and five counts of possession of an unregistered firearm.

The charges are in connection to his alleged involvement in four shootings, including the fatal shooting of 13-year-old Malachi Lukes, at the 600 block of S Street, NW, on March 1, 2020. Another individual sustained injuries during the incident.

Steele was also allegedly involved in a non-fatal shooting on March 1, 2020 at the unit block of Channing Street, NE, and a non-fatal shooting on Feb. 22, 2020 at the 700 block of Farragut Street, NW. No individuals sustained injuries.

Additionally, Steele faces charges for his alleged involvement in a non-fatal shooting on Feb. 24, 2020 at the 1700 block of Ninth Street, NW. Three individuals sustained injuries during the incident.

The lead detective in the case explained the accumulated video evidence used to identify the vehicle of interest in the case, a silver Kia Soul. Video footage from around the city was used to locate the vehicle, as well as data from Getaround, a car sharing company holding the Kia’s registration.

The vehicle was subsequently identified through its Maryland plates from a witness behind the Kia and the Getaround logo that was visible on the rear passenger side of the car, seen on camera at an intersection. The descriptions matched the car that was later found on Lamont Street, NW, according to the detective.

The car was likely found on the scene of both March 1 shootings at the time of the incidents, confirmed by GPS, a witness driving behind the Kia, and camera footage.

Cameras on Lamont Street, NW, where the vehicle was found, also captured four individuals leaving the car and walking across the street. One left the group, but three others are seen in footage from a restaurant.

The detective’s testimony will continue.

A witness working with the digital evidence unit with the Department of Forensic Science (DFS) at the time of the incident also provided evidence regarding one of the cell phones that belonged to Aaron Brown, 29, a previous co-defendant. The contacts and call history established a link between Brown and “Gordo”, allegedly a nickname for Steele.

In the absence of the jury, prosecutors and the defense made arguments regarding the admissibility of jail calls between Steele and co-defendants as well as his father.

Prosecutors argued that their purpose for admitting the calls is for identification and to show communication between co-defendants.

Megan Allburn, Steele’s attorney, asserted that in order for a statement of identification to be admissible the person making the identification has to be available to testify which they are not. Judge Brandt agreed with this assertion.

The prosecution stated that they are not offering a statement of identification, but knowledge that the individuals know each other. Nicknames mentioned in the calls also align with Instagram handles, according to prosecutors.

Allburn said business records can show when a call was placed and what time, however, hearsay, or unsubstantiated evidence is not admissible;

Judge Brandt noted that for some of the individuals named in this trial, their nicknames have already been connected to them so further evidence regarding that connection is not required.

Additionally, prosecutors wanted to admit into evidence a call between Steele and his father. Allburn requested that statements made by Steele’s father be removed, however prosecutors argued that Steele’s father was responding to a question.

Judge Brandt concluded that no further confirmation of the search is needed given that officers have already testified to it.

The court determined the call would not be admitted.

Parties are slated to reconvene Oct. 7.

‘You Want to Die Over a Charger? Victim Testifies in Shooting Confrontation

A victim testified about a confrontation over an electric vehicle charging port that escalated into a shooting before DC Superior Court Justice Danya Dayson on Oct. 8.

Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts assault with a dangerous weapon, four counts possession of a firearm during a crime of violence, five counts possession of an unregistered firearm, destruction of property of $1000 or more, and carrying a pistol without a license outside the home. The charges stem from his alleged involvement in a shooting on the 2200 block of 13^th Street, NE, on June 3.

Prosecutors brought the victim to the stand to testify about events leading up to the shooting. The victim said that he had interacted with a man driving a blue Tesla, who prosecutors allege is Ocran, on three occasions. The interactions centered on a public electric vehicle charging station in the parking lot of a Giant in the Rhode Island Place shopping mall. Both men would often leave their electric cars at the port to charge.

The victim described the first two interactions as non-confrontational, saying at one point that the suspect had a “kill him with kindness type attitude.” The victim explained the man with the Tesla may have been abusing the two-hour limit on the charging station, but had no serious problem with him until June 3, when the suspect allegedly switched the charger from the victim’s Nissan Leaf to his Tesla.

The victim testified that he and his partner had just returned home after dropping off the Nissan Leaf to charge when she got a notification on her phone that the car was no longer charging.

She was “just getting comfortable, probably ready to take a nap,” when she got the notification, the victim said. The victim stated that he drove to the charging station in his partner’s Jeep Liberty to plug it back in when he and the suspect quickly got into a fight.

“We threw punches simultaneously,” the victim said. He also testified to hearing the suspect say, “over a charger, you want to die over a charger?”

The victim testified that these statements led him to believe that the suspect had a gun.

Prosecutors played footage of the two men throwing punches and the victim disappearing out of frame before returning with a golf club. The suspect could be seen opening his trunk. The victim testified that he continued to approach the suspect because he believed he was trying to retrieve a gun from the Tesla.

The witness explained he signed an agreement with prosecutors that protected him from self-incrimination during his testimony. He further clarified that only his testimony was protected in the immunity agreement and that he could still be tried for crimes relating to the incident.

When prosecutors shifted the conversation to the victim’s criminal history, defense attorneys Kevan Gardner and Elizabeth Paige White appeared surprised.

Prosecutors asked the victim point blank if he was the same person who failed to register as a sex offender in 2025, which he initially denied. He also denied being charged with several older crimes. The victim later clarified that he did not consider himself “the same person” who committed those crimes but admitted that an older version of himself had gotten those charges. He stated he was a changed man.

After the jury was dismissed, White asked Judge Dayson to require prosecutors to clarify the victim’s criminal history at the next hearing. Judge Dayson said she would re-read the record and clarify the matter to the jury if the record seemed unclear.

Gardner and White also told Judge Dayson that prosecutors had not shared information about the victim’s mental health history as legally obligated. White argued that she had made repeated requests for witnesses’ mental health records to the prosecution, and that withholding the information violated the prosecution’s legal obligations to the defense.

“The [prosecution] did not disclose that this person was found incompetent due to their hallucinations,” White said.

Prosecutors argued that they had previously shared mental health records with White and were not intentionally withholding anything from the defense team.

Judge Dayson said that she would examine the matter more closely before deciding whether to sanction prosecutors.

A doctor who treated the victim stated the victim sustained a near lethal shot to the right shoulder, inches from the heart.

Trial is set to resume Oct. 9.

Refused Competency Exam Threatens to Delay Homicide, Shooting Trial

DC Superior Court Judge Dayna Dayson alerted parties on Oct. 3 that a defendant accused of murder and also in a non-fatal shooting refused to participate in a competency evaluation by a psychiatrist to determine whether he is mentally fit to stand trial. The move threatens to push back the case.

Jordan Therman, 26, is charged with two counts of first-degree murder while armed, robbery, three counts of possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of 33-year-old Denzel Greenwood on the 1900 block of 13th Street, NW, on Aug. 4, 2023.

Therman is also charged with two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm by a convict, and endangerment with a firearm, for his alleged involvement in the non-fatal shooting of one victim in the parking lot of a convenience store on the 3900 block of Martin Luther King Jr. Avenue, SW, on Feb. 7, 2024.

In both of these cases, defense attorney Thomas Key sought to determine Therman’s mental competency. To stand trial a defendant must understand his charges and be able to help his attorney.

According to court documents in the non-fatal shooting case, the defendant was “acting erratic on scene and appeared to be under the influence of an unknown substance.”

During a hearing on Oct. 3, Judge Dayson informed the court that Therman refused evaluation by a psychiatrist that she ordered and was unresponsive in court.

“The party that brings the competency motion has the burden to prove it and that won’t work if he won’t engage,” Judge Dayson said. “He is presumed to be competent, and I can’t rule he is not competent if he isn’t evaluated.”

Key argued that the January trial date be vacated and another mental observation hearing was critical for him to properly represent his client, who was allegedly under the influence of phencyclidine (PCP)–a powerful hallucinogen.

“I need to talk to experts about potential schizophrenia to see if this is not a knowingly committed crime. I need an expert to see how the PCP is affecting him,” Key said. “I can’t go over a plea offer if he is not going to participate or is talking about McDonald’s.”

The prosecution replied by saying that his refusal to take a mental competency exam reflects his previous history.

“His behavior is more in line with past behavior, which is not incompetency but rather strategic behavior,” the prosecution said. “This is behavior to avoid a trial date. He is feigning mental illness.”

Judge Dayson was hesitant to schedule another mental observation hearing and postpone trial to a later date if Therman did not plan to participate.

“I don’t know how this will go if Mr. Therman will not speak to anyone,” Judge Dayson said. “He failed to participate; he’s been admonished to do so.”

Judge Dayson scheduled an additional mental observation hearing and pushed back Therman’s trial dates at the request of the defense.

Parties are slated to reconvene Oct. 10.

Report Finds Stabbing Defendant Competent, Judge Waits For Confirmation

DC Superior Court Judge Neal Kravitz decided to wait for another evaluation to make a final determination of mental competence for a stabbing defendant on Oct. 3.

Lester Pendarvis, 26, is charged with two counts of assault with intent to kill while armed for his alleged involvement in a non-fatal stabbing that occurred on the 1400 block of Montana Avenue, NE, on Aug. 12. Two individuals sustained injuries during the incident.

According to court records, Pendarvis was sent to Saint Elizabeths Hospital for a full competency evaluation. A Department of Behavioral Health (DBH) report found him competent and recommended he be sent back to the DC Jail pending trial.

Defense attorney Madelyn Harvey disagreed with the report, saying that she still has concerns about Pendarvis’ mental state. She said he was not doing well at the DC Jail.

“His state was appalling,” Harvey told Judge Kravitz, as she appeared for the hearing remotely.

She requested that Pendarvis stay in Saint Elizabeths so a defense expert can independently evaluate him. Judge Kravitz granted Harvey’s request to wait until that evaluation to decide whether Pendarvis is competent and fit to be placed back in the DC Jail.

To stand trial, a defendant must be mentally competent enough to understand his charges and help his lawyer defend the case.

Parties are set to reconvene on Oct. 24.

Homicide Trial Delayed for Pending Motions

DC Superior Court Judge Jason Park postponed a scheduled jury trial after tabling several motions on Oct. 3.

Jerome Dukes, 34, and Justin Borum, 36, are charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior crime of violence for their alleged involvement in the fatal shooting of 21-year-old Jayvon Jones on Feb. 21, 2023. The incident occurred on the 1400 block of Saratoga Avenue, NE.

Defense attorneys Brandi Harden and Stephen LoGerfo began the hearing by requesting discovery of evidence tied to a witness, whom both parties identified as a central in determining probable cause for the prosecution.

Harden said the defense had not yet received records connected to a summons issued for the witness on Sept. 25, including documents concerning the witness’ criminal history which could lead to filing a false statement charge.

The prosecution responded that they had not been aware of the defense’s specific request but confirmed that the witness’ criminal history had been investigated. They said some records from Baltimore authorities have been difficult to obtain because of lost data following an office relocation in 2011 and issues with an electronic database.

Judge Park agreed that the defense is entitled to investigate the witness’ background, describing the witness as “really important” to the prosecution’s case and instructing the prosecution to conduct further inquiry.

“We need to get to the bottom of this,” the judge said.

At Harden’s request, Judge Park granted a continuance to allow time for the prosecution to locate the missing materials and for the defense to prepare its cross-examination of the witness. The judge also canceled the empaneling the jury set to convene Monday.

The hearing then shifted to other pending motions, including to suppress statements involving another prosecution witness. The court discussed scheduling the witness’ testimony for later in the week and directed the prosecution to confirm his availability.

The judge also tabled several motions, including issues related to the key witness’ credibility, a cell phone search warrant, and a video in which the witness allegedly discussed “taking guns.”

The court said it would revisit those matters after reviewing the relevant footage and documents.

The defense additionally sought body-worn camera footage and social media evidence referenced by the prosecution, but the judge declined to order turning the information over to the defense after learning the prosecution did not have access to those materials.

Before adjourning, the court granted the prosecution’s motion to quash a subpoena the defense had issued to the Metropolitan Police Department (MPD) for evidence, finding that prosecutors were making good-faith efforts to fulfill discovery obligations.

The parties are expected to reconvene Oct. 6.

Judge Denies Release Revocation Request for Murder Defendant

DC Superior Court Judge Neal Kravitz denied a Pretrial Services Agency (PSA) request for the revocation of release for a murder defendant on Oct. 3.

Jahi Settles, 24, is charged with first-degree murder while armed, second-degree murder while armed, felony murder while armed, attempted robbery and three counts of possession of a firearm during a crime of violence for his alleged involvement in the fatal shooting of Langston Sharps, 33, on July 3, 2023 on the 2800 block of Hartford Street, SE.

According to court records, Settles was released on GPS monitoring on Aug. 30, 2024.

PSA requested Settles be sent back to jail pending trial after he violated his release conditions by making an unauthorized stop at a grocery store after an authorized stop at a bank. Defense attorney Jason Tulley said Settles had to make a last-minute stop and did not have a phone to notify his PSA officer.

“I was just trying to feed my daughter,” Settles told Judge Kravitz.

The prosecution opposed PSA’s request for revocation of release. Kravitz denied the request, saying it would be a “disproportionate response” to his violation.

Parties also pushed the trial to September 2027 because of scheduling conflicts. The trial was originally scheduled for September 2026.

Parties are slated to reconvene on Feb. 27.

Stabbing Defendant Released Under House Arrest

DC Superior Court Judge Carmen McLean released a stabbing defendant under house arrest in a hearing on Oct. 3.

Hennok Woldu, 21, is charged with assault with a dangerous weapon after allegedly stabbing an individual at the DC Jail on the 1900 block of D Street, SE, on May 3.

During the hearing, defense attorney Sara Kopecki asked the court to release Woldu on house arrest, citing his strong familial support and lack of criminal history as evidence in favor of his release.

The prosecution argued that Woldu was being held on serious charges in connection with an unrelated matter at the time of the incident, and should remain in custody.

In response to prosecution objections, Kopecki called the prosecution’s arguments against release “vulnerable” and stated that Woldu allegedly had personal safety concerns about the victim that were ignored by jail staff.

Judge McLean released Woldu on house arrest and GPS monitoring. She also told him to stay away from the victim and not have any weapons while released.

Parties are slated to return on Dec. 12.

Stabbing Defendant Declared Mentally Competent for Trial

DC Superior Court Judge Carmen McLean deemed a stabbing defendant competent to stand in a hearing on Oct. 3, following a report from the Department of Behavioral Health (DBH).

Anthony Nowlin, 31, is charged with assault with a dangerous weapon and possession of a prohibited weapon for his alleged involvement in a stabbing incident that wounded a juvenile in the L’Enfant Plaza Metro Station, located on the 600 block of Maryland Avenue, SW, on Aug. 26.

During the hearing, Judge McLean reviewed a DBH report indicating that the defendant is competent, but may qualify for substance abuse treatment.

Defense attorney Derrick Page requested a substance abuse evaluation and asked if it was possible to order it through the jail. Judge McLean responded by saying she would email the jail to see if an assessment is possible.

In order to stand trial, a defendant must be mentally competent enough to understand the charges against him and be able to help his attorney.

Parties are slated to reconvene on Nov. 3.

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