Judge Releases 14 Defendants, Holds Four During Initial Hearings

On Oct. 16, DC Superior Court Judge Heide Herrmann released 16 defendants and held four defendants in DC Jail during initial hearings.

The first defendant held is charged with contempt of a condition of release in a domestic violence case.

He violated a stay away order from the same victim in a previous case against him. Judge Herrmann held him because he failed to follow the court’s orders.

The second defendant, Greg Burch, is charged with assault with intent to kill while armed.

The judge held the 36-year-old due to the serious nature of the alleged crime committed.

She said found it alarming that two people were shot, noting that the situation could have easily been a double homicide. Judge Herrmann was also inclined to hold Burch due to his previous convictions for violent offenses, including aggravated assault.

The third defendant, Travis Evans, is charged with being a fugitive from justice from Texas.

He was held to allow officials from the state of Texas three days to pick him up.

The final defendant who was held is charged with third-degree sex abuse and kidnapping. Judge Herrmann detained him due to the heinous nature of the charges.

The judge released two defendants charged with being fugitives from justice to give them the opportunity to turn themselves in to the demanding jurisdiction.

Both individuals are wanted in Maryland and were given the order to self-report back to the state.

Two defendants in weapons possession cases were released.

Both defendants are charged with carrying a pistol without a license outside of a home or business. They were released with the requirement to not be in possession of firearms, report to Pretrial Services Agency (PSA) and abide by stay away orders.

The judge released three defendants charged with possession of a controlled substance with the requirement to report to PSA and stay away orders.

One of the defendants is also charged in two other cases with a bail violation in one and destruction of property less than $1,000, unlawful entry onto private property and second-degree theft in the second.

A defendant charged with fleeing law-enforcement was released with the condition to report to PSA.

Six additional cases were heard by Judge Herrmann and were released with either stay away orders or the condition to report to PSA.

This article was written by Yasmeen McGettrick

Judge Sentences Domestic Violence Defendant

A defendant with a felony charge in a domestic violence case said he has accepted responsibility for his actions during his Oct. 16 sentencing hearing

Joey Grady was charged with assault with a dangerous weapon and unlawful possession of a firearm on May 8. As part of a plea deal with the prosecution, he only pleaded guilty to a lesser charge of attempted assault with a dangerous weapon.

The prosecution also dismissed his three other cases – two of which were domestic violence cases – in which he was charged with attempted threats to do bodily harm and simple assault.

Judge Juliet McKenna sentenced Grady to 12 months in prison. He will receive credit for the time he has already served, and the rest of his sentence will be suspended.

She also ordered 18 months of supervised probation, conditions of which include that he receive drug treatment as well as anger management therapy.

“[Grady] sort of in his own fashion has accepted responsibility,” said Judge McKenna.

The victim sent an impact statement to the parties, urging the judge to suspend jail time. She stated that, when Grady is sober, he is a wonderful person and father. She requested that he be allowed to visit his children, but under the conditions that he not threaten them.

Judge McKenna issued a no Harass, Assault, Threaten or Stalk (HATS) order.

She also issued a stay away order for another victim.

The prosecution asked for Judge McKenna to sentence Grady to 12 months but only serve six of those months. She expressed concern regarding Grady’s three pending cases and his history of domestic violence.

The prosecution argued that Grady has attempted to shift the blame on the victim and avoided responsibility by focusing on how this case would affect him.

Defense attorney, Quo Judkins, argued that Grady and the victim have had a tumultuous relationship. There have been prior instances where police were involved.

Judkins said that while the couple’s violent history does not excuse her client’s actions, the prosecution’s assertion that Grady has tried to shift blame is incorrect.

“I take full responsibility for my actions,” said Grady. “I’ve learned a valuable lesson… I am just trying to move forward with my life.”

Maria Marzullo wrote this story

Sentencing Hearing Delayed to Review Guidelines

An Oct. 16 sentencing was delayed to allow more time to clarify the sentencing guidelines.

Russell Williams pleaded guilty to sexual solicitation on July 20. He was originally charged with fleeing from a law enforcement officer, assault with a dangerous weapon, destruction of property, unlawful possession of a firearm with a prior conviction, carrying a pistol without a license outside of the home and business, possession with intent to distribute a controlled substance while armed, possession of a firearm during a crime of violence, possession of an unregistered firearm, unlawful possession of ammunition, resisting arrest, reckless driving and not having a valid permit in February. The charges were dropped.

During his hearing, there was confusion on the sentencing parameters applicable to Williams, 27, case. Judge Judith Smith rescheduled the hearing for Dec. 11 to allow the parties to review sentencing guidelines, and reach a resolution.

At that time, Williams will also have a probation show cause hearing for two previous convictions. He received probation for carrying a pistol without a license in a 2016 case, and the possession of an unregistered firearm in a 2017 case.

Preliminary Hearing Starts for Murder Case

A DC Superior Court judge presided over an Oct. 15 hearing to determine if a murder case has enough evidence to go to trial. However, parties could not complete the hearing because they ran out of time.

Wesley Scott Jr., 20, is charged with first-degree murder and Michael Benbow, 18, is charged with first-degree murder while armed in the death of David Deandre Young. Young was 28-years-old when he was fatally shot on April 3 on the 3500 block of 22 Street, SE.

The lead detective on the case testified during the hearing about the details of the investigation, specifically what the video footage depicted.

Defense counsel questioned the detective about footage that depicts either an incorrect time stamp or more than one vehicle of the same make and type driving in the area of the crime scene on the day of the murder.

“You can’t say, as you sit here today, whether there is a mistake in the Cobalt or if there was more than one Ford Flex driving around that day?” said Benbow’s defense attorney, Andrew Ain .

The detective said he could not tell the court with certainty the answer to that question.

According to court documents, the surveillance tapes show the locations of the Ford Flex are key in establishing a timeline of events for the shooting. One of the tapes has a time stamp that is either incorrect or the tape shows a completely different vehicle.

The detective said he did not know for sure where the mistake was made, but said he would find out the cause before the next hearing.

Ain also questioned the detective about other potential suspects, since two additional people were seen on surveillance tapes with the defendants after the car was burned and abandoned.

The Ford Flex was stolen by unknown culprits in December 2019. When allegedly used in this homicide, it had stolen temporary tags on it. How the defendants came into possession of the vehicle is still unknown.

Defense attorney Matthew Davies began his cross examination by asking about the differences in what witnesses told police and what they told each other.

According to witness testimony, one witness told police that it was a drive-by shooting. The witness refused to tell MPD officers why he believed it was a drive-by, since he did not actually see the shooting himself.

Another witness said the victim was not the intended victim and that the shooting was rumored to be about a feud over a girl. This motive has not yet been confirmed.

Defense counsel will continue their cross examination after going through new evidence that the prosecution filed today.

Judge Juliet McKenna scheduled the preliminary hearing to pick back up on Oct. 19.

Scott will continue to be held at DC Jail and Benbow in the Youth Services Center.

Sierra Robbins wrote this article

Defense Counsel Disagrees with Mental Exam for Murder Defendant

A DC Superior Court judge continued a mental observation hearing for a defendant accused of killing his father.

Brandon Byrd is charged with second-degree murder while armed for allegedly stabbing 44-year-old Otis Byrd in the parking garage by the Children’s Medical Center on Aug. 10, 2016.

Byrd, 24, was charged on Aug. 11, 2016. He underwent a forensic psych exam the next month, and was found incompetent to stand trial. He was sent to St. Elizabeth’s, where he has been ever since.

During the Oct. 16 hearing, Judge Michael Ryan found Byrd incompetent to stand trial following a report from the Department of Behavioral Health (DBH.) However, the DBH report stated that Byrd is likely to regain competency in the foreseeable future.

Byrds’ attorney, Craig Hickein, disagreed with the report’s findings, arguing that his client is unlikely to regain competency. He chose to have another study done by their own psychologist.

Judge Ryan granted the request, giving Hicken four weeks to get it done.

The prosecution also requested another update on Byrds’ competency to be done by DBH before the date of their next hearing. Judge Ryan said that it is a sensible thing to do and agreed to their request.

The defense and the prosecution agreed to exchange reports.

“Thank you for your patience, Mr. Byrd, and for working with the hospital,” said Judge Ryan.

Byrd’s next mental observation hearing is scheduled for Nov. 18.

This article was written by Emily Pengelly

Judge Issues 1 Bench Warrant During Show Cause Hearings

A DC Superior Court judge presided over three pretrial and probation show cause hearings on Oct. 16.

A felony domestic violence defendant charged with first-degree sex abuse came to court for a pretrial show cause hearing after a reported instance of noncompliance with his pretrial release.

According to the Pretrial Services Agency (PSA), he violated his home confinement on Oct. 4 to go to a convenience store because he ran out of food.

“This is one transgression and there’s no indication that anything nefarious occurred,” said defense attorney Anthony Matthews. “It was a lapse in judgement.”

Judge Danya Dayson agreed that his compliance had been exemplary before this incident, especially since he has been on home confinement for the past eight months.

His next court date is scheduled for Jan. 27.

A 42 year-old defendant is charged with misdemeanor sexual abuse of a minor after he allegedly groped a 14-year-old girl at a convenience store on the 4900 block of Central Avenue, NE on Aug. 2, 2019.

The defendant did not show up to his pretrial show cause hearing, even after he was ordered to appear after his hearing on Oct. 9.

The PSA reported that he had multiple re-arrests, failed to complete alcohol treatment and let his GPS monitoring device expire.

Over the objections of defense attorney Thomas Key, Judge Dayson issued a bench warrant for the defendant’s arrest.

Donte Gardner was around 30 minutes late to his probation show cause hearing.

Back in January, the 28-year-old defendant was sentenced to 30 days, all of which are suspended, plus one year probation for simple assault.

The Court Services and Offender Supervision Agency (CSOSA) reported that Gardner was labeled a loss of contact in April, but has since come back into compliance.

Judge Dayson discharged the show cause and told the defendant to keep complying with his conditions.

Sierra Robbins wrote this article

Judge Vacates Preliminary Hearing, Denies Release Request

On Oct. 16, a DC Superior Court judge vacated a preliminary hearing due to a possible plea deal in the works and pending DNA testing.

Delonte King, 32, is charged with assault with a dangerous weapon for allegedly stabbing a victim on June 6 on the 2600 block of 14th Street, NW.

The preliminary would have been held to determine if King’s case has enough evidence to go to trial. However, it was changed to a bond review hearing.

King’s attorney, Colleen Archer, asked that her client be released into the High Intensity Supervision Program (HISP.)

Archer argued that there are inconsistencies in the victim’s story. She also pointed out that King’s last conviction was a drug-related offense from 2004.

The prosecution argued against King’s release, arguing that the two stab wounds on the victim illustrates the severity of the case. The two wounds are in the chest area, close to vital organs, according to police documents.

The prosecution also mentioned that the defendant has had a history with PCP.

Judge Erik Christian said he recognized that there might be some inconsistencies in the victim’s story, but it doesn’t undercut the strength of the prosecution’s case.

“He’s had multiple PCP cases and two or three executed bench warrants,” he said.

King will remain held at DC Jail until his next hearing, which is scheduled on Dec. 9.

Saif Habboub wrote this article

Document: Fatal Shooting in Southeast, DC

Metropolitan Police Department (MPD) detectives are investigating a homicide that happened on Oct. 16.

At around 3:19 a.m., officers responded to the 300 block of 37th Street, SE for the sounds of gunshots. There, they found 23 year-old Cyhneil Smith of Southeast, DC suffering from multiple gunshot wounds. She was pronounced dead on the scene.

[documentcloud url=”http://www.documentcloud.org/documents/7241371-10-16-20-Homicide-300-Block-of-37th-Street.html” responsive=true]

Crime Alerts: October 15-16

Between 9 p.m. on Oct. 15 and 9 a.m. on Oct. 16, the Metropolitan Police Department (MPD) sent out four crime alerts.

The most recent alert was sent at 3:55 a.m. for a shooting investigation on the 300 block of 37th Street, SE. Police do not have a description of the suspect(s).

An alert for a confirmed robbery was sent at 2:27 a.m. that occurred on the 800 block of Quincy Street, NW. Police are looking for a black Suburban occupied by five Black males between 20 and 30 years of age, wearing black clothing. The vehicle was last seen going towards 15th Street, NW.

An alert was sent at 1:20 a.m. for a confirmed armed robbery on the 5700 block of 14th Street, NW. Police are looking for two juvenile, Black males wearing black pants. One of the suspects is wearing a white hoodie. They were last seen going southbound towards Nicolson.

The final alert was sent at 9:20 p.m. for a shooting on the 1300 block of Alabama Avenue, SE. Police are looking for a grey Jeep with Maryland tags 3EH3903.

Judge Holds 10 of 35 Defendants During Initial Hearings

On Oct. 15, DC Superior Court Judge Heide Herrmann released 25 defendants and held 8 in DC Jail and two under the supervision of the Department of Youth Rehabilitation Services (DYRS) during initial hearings.

Rodney Pickett, 34, is charged with second-degree murder. Pickett allegedly shot 34-year-old Gary Swinson on the 3300 block of 15th Street, SE, on July 12. Swinson was pronounced dead at a local hospital.

Pickett’s attorney argued against probable cause. She cited multiple inconsistencies in the case, including a lack of witnesses who could place the defendant at the scene.

However, Judge Herrmann found probable cause based on surveillance video that allegedly showed Pickett at the scene, DNA evidence from the murder weapon that matched Pickett and pictures of the murder weapon on the defendant’s phone.

Judge Herrmann held the defendant due to the serious nature of the crime.

Trevon Harrison, 28, is charged with first-degree burglary. Harrison allegedly entered a residence on the 2700 block of Albemarle Street, NW on Oct. 12 and told the victims to give him their property. The defendant and two victims engaged in a physical altercation that resulted in one of the victims and the defendant going to a local hospital.

Harrison’s attorney asked for her client to be released. She said Harrison didn’t know that people lived in the building, and he has no prior felony convictions.

Judge Herrmann held Harrison, taking into account the character of the offense and the defendant’s criminal history, which contains no felony convictions, but some “concerning” misdemeanors. Harrison had been issued 11 bench warrants for failing to appear at his hearings in the past.

Five defendants were held for authorities from Maryland and Virginia to pick them up.

Tajuan Anderson was held on an underlying homicide charge from Maryland.

Stephen Russell and Spencer Isaac were held on underlying bench warrants for failing to appear at their extradition hearings in DC on Oct. 14. They are wanted in Virginia and Maryland, respectively, and will be held in order for authorities to retrieve them.

Two juvenile defendants were both held in DYRS’ custody for authorities from Maryland to pick them up. One is charged with kidnapping, and the other is charged for robbery.

James Cooper, 50, was brought in on two bench warrants for failing to appear at his hearings in two misdemeanor cases where he is charged with possession of a controlled substance and a bail violation. Judge Herrmann released Cooper in both of his bench warrant cases, but he was held in order to deal with a parole violation matter.

Christopher Anderson, 33, is charged with possession of controlled substances, amphetamine and synthetic marijuana. Judge Herrmann released Anderson in his new cases, but he was also held in order to deal with a parole violation matter.

The final defendant who was held pleaded guilty to simple assault and attempted threats to do bodily harm in a domestic violence case on Oct. 5. The defendant was brought in on a bench warrant as he was accidentally released from DC Jail 17 days before his sentence was finished. Judge Herrmann stated she had no choice but to hold him in order to let his sentence finish.

Of those released, two defendants did not have charges filed against them by the prosecution.

Judge Herrmann released four defendants charged in domestic violence cases. Two of the defendants were given stay-away orders and two were given no harassing, assaulting, threatening or stalking (HATS) orders in reference to the alleged victims.

Two additional defendants are charged with being fugitives from justice. One defendant is wanted in Georgia for a probation violation, and the other is wanted in Maryland as a material witness. Both defendants were released with orders to turn themselves in to the demanding jurisdictions.

Judge Herrmann released eight defendants charged with misdemeanors. Three defendants were released with stay-away orders, four were released with orders to report to the Pretrial Services Agency (PSA) and one was put on GPS monitoring with a stay-away order.

Five defendants charged with felonies were released with release conditions including stay-away orders, reporting to PSA and not possessing any firearms in DC.

Four final defendants were released with orders to return back to court. Two of the defendants are charged with traffic cases and the other two were brought in on bench warrants for failing to appear at their hearings.

Defense Gives Update on DNA Testing

A defense attorney in a felony case provided an update about a DNA test that was requested in March.

Perry Morton was charged with armed robbery and unlawful possession of a firearm with a prior conviction in December 2018. The following August, he was indicted for armed robbery, possession of a firearm during a crime of violence, attempt to commit armed robbery, assault with a firearm, unlawful possession of a firearm, carrying a pistol without a license, destruction of property worth $1,000 or more, fleeing a law enforcement officer, leaving after colliding with property, possession of an ammunition feeding device and unlawful possession of ammunition.

DC Superior Court Judge Julie Becker said the reason for the Oct. 15 hearing was to ensure that the update would be on the record.

Defense attorney Wole Folodun said the requested testing had faced delays due to the COVID-19 pandemic, and that the first two samples collected did not contain enough DNA to satisfactorily complete the test.

Testing of a third sample is expected to be completed as soon as possible, Folodun said he will notify the prosecution of the results in two weeks.

Morton’s next court appearance is scheduled for March 23. In the meantime, he remains released on his promise to return to court with orders to report to the Pretrial Services Agency (PSA.)

Abigail Grifno wrote this article

Domestic Violence Defendant Says He Intends to Plead Guilty

On Oct. 15, a DC Superior Court judge scheduled a hearing for a domestic violence defendant who said he intends to plead guilty.

The defendant is charged with threats to kidnap or injure a person. He has been held since the charges were filed against him on Sept. 25. The defendant was also on probation for simple assault in a domestic violence case that dates back to 2019 when he was charged.

Defense attorney Adam Harris said his client intends to accept the prosecution’s plea offer.

Judge Judith Smith scheduled the next hearing for Dec. 2.

Maansi Srivastava wrote this article

Bench Warrants Issued For 3 Defendants During Extradition Hearings

On Oct. 14, a DC Superior Court judge presided over extradition hearings for 30 defendants who are fugitives from justice.

Eleven of the defendants’ cases were dismissed because they turned themselves into the jurisdiction that wanted them.

Judge Heide Herrmann issued a bench warrant for three fugitive defendants who had not fulfilled their court orders.

Judge Herrmann gave the prosecution a 30-day extension in 10 cases. The prosecution is waiting on paperwork from the governors’ offices.

Jacqueline Kelly was taken into custody after the prosecution said paperwork requested that she be held for the demanding jurisdiction.

This article was written by Maria Marzullo and Emily Pengelly

Document: Suspect Arrested for Assault with Intent to Kill

The Metropolitan Police Department (MPD) arrested a suspect in connection with an assault with intent to kill offense that happened on Sept. 17.

At around 6:37 a.m., officers responded to the 3800 block of Minnesota Avenue, NE for the report of a shooting. There, they found two victims suffering from gunshot wounds. They were taken to a hospital.

A suspect was arrested on Oct. 15.

[documentcloud url=”http://www.documentcloud.org/documents/7232175-10-15-20-Arrest-Made-in-an-Assault-With-Intent.html” responsive=true]

Judge Continues Hearing for Domestic Violence Case

On Oct. 15, a DC Superior Court judge continued a status conference in a domestic violence case to give the defense time to get the defendant’s signature on files.

The defendant was charged with felony assault with a dangerous weapon and cruelty to animals on Jan. 18,. He has been held at DC Jail ever since.

Judge Robert Okun scheduled the next hearing for Oct. 26.

Yasmeen McGettrick wrote this story

Search