Shattered Family Grieves, Cries For Justice at Murderer’s Sentencing

In a courtroom awash with emotion, DC Superior Court Judge Michael Ryan sentenced a murder defendant for killing his girlfriend to 24 years in prison on Aug. 8.

Mario Banegas Deras, 43, pleaded guilty on April 15 to second-degree murder while armed for his involvement in the brutal killing of 35-year-old Maria Magdalena Ayala Guardado, on Dec. 15, 2024 on the 700 block of Girard Street, NW.

When officers arrived, they found both individuals and the scene covered in hair and blood as well as a brick covered in blood and a knife in the woman’s neck. The medical examiner concluded there were multiple causes to the homicide, including strangulation.

At the sentencing, family and community members of Ayala Guardado flooded the courtroom, all wearing T-shirts with “JUSTICIA” written beneath her photo. Although t-shirts are not typically allowed during sentencing hearings, the family obtained special permission from Judge Ryan.

Banegas Deras and Ayala Guardado met in Honduras and moved to the United States together in 2015, according to their son, who spoke during the sentencing. While they were never formally married, the couple had three children and lived together until a week before the murder.

Prosecutors requested Judge Ryan sentence Banegas Deras to 24 years of incarceration. They said Ayala Guardado kicked Banegas Deras out of the apartment they shared following a violent incident. About a week later, he returned to the apartment the morning of the murder, waited for her to come out, then brutally murdered her. Banegas Deras called 911 on himself, according to court documents.

Their daughter, 13 at the time of the murder, told Judge Ryan that Banegas Deras had always been abusive to her mother. She spoke through tears, her 18-year-old brother by her side.

“We have to grow up without her watching us get older,” their daughter said. “If the decision were in my hands, I would give him life.”

The daughter and her brother both told the court that they would try to call the police on Banegas Deras when he became physically violent toward Ayala Guardado, but he would threaten suicide or say that immigration would take Ayala Guardado away if they called.

“I got tired of seeing her being abused,” said the son describing his mother as a “bright light.”

One of Ayala Guardado’s older sisters gave a statement to the court through an interpreter. She remembered her sister fondly, calling Ayala Guardado the “life force of her home.”

“My sister can’t speak today, but I can – and my voice is clamoring for justice,” Ayala Guardado’s sister said emphatically.

A woman involved in Angeles Guerreros, an organization that helps victims of domestic violence and their families, has worked with the Ayala Guardado family – both in the United States and Honduras – since the murder. She became emotional describing the profound impact Ayala Guardado’s story has had on her.

“I saw Magdalena and my life has changed since that day,” she said. “All I ask is for justice, said the organization’s representative.

Ayala Guardado’s mother and oldest sister were also present on Webex and gave statements. They both asked for the maximum penalty.

“This murderer doesn’t deserve to ever be free again,” Ayala Guardado’s sister said.

Defense attorney, Terrence Austin, began his argument with a powerpoint slide simply saying, “Mario Banegas is not a monster.” Gasps were heard from the gallery.

Austin asked Judge Ryan to look at Banegas Deras as a complete person and sentence him at the bottom of the guidelines, which recommended 12-to-24 years of incarceration.

“Nobody should be reduced to the worst thing they’ve done,” Austin said.

Austin recounted the difficult life Banegas Deras has endured. He lost his father at a young age to alcoholism, grew up in extreme poverty in Honduras, was not able to continue his education past sixth grade, and worked in factories and fields since he was very young. Austin also said that those who know Banegas Deras describe him as good, hard-working, and kind.

Austin noted that Banegas Deras has been working on himself, taking courses on stress management in prison, and getting baptized. He also argued that he has shown great remorse for his actions, pleading guilty as soon as he could and crying at every meeting.

“He hasn’t cried for himself, he has cried for the pain he has caused,” Austin said.

Banegas Deras himself addressed the court. “I am guilty and I do deserve the full force of the law,” he said. “I know my remorse is not even enough.”

Judge Ryan explained that he almost always abides by the sentencing guidelines to ensure fairness. However, he also said that the heinousness of the murder and the tremendous impact of Ayala Guardado’s murder led him to impose a sentence at the top of the guidelines.

Banegas Deras was sentenced to 24 years in prison with five years of supervised release, during which he will be required to attend mental health treatment.

No further dates were set.

Shooting Defendant Takes Plea Deal

A shooting defendant accepted a plea deal on Aug. 12 during a hearing before DC Superior Court Judge Andrea Hertzfeld.

Kevin Jackson, 58, was originally charged with endangerment with a firearm in a public place, unlawful discharge of a firearm, carrying a pistol without a license outside a home or business, unlawful possession of a firearm with a prior conviction, possession of an unregistered firearm, and unlawful possession of ammunition. The charges stem from his involvement in a shooting that took place at the 1300 block of Pennsylvania Avenue, SE on Dec. 1, 2024. No injuries were reported.

During the hearing, Jackson’s attorney, Emily Suffrin, informed Judge Hertzfeld that Jackson accepted a plea deal extended by prosecutors. Jackson pleaded guilty to one count of unlawful possession of a firearm with a prior conviction greater than one year and one count of unlawful discharge of a firearm.

In exchange, the prosecution will dismiss the four remaining charges and agree to seek a sentence at the bottom third of the sentencing guidelines. The unlawful possession charge carries a maximum sentence of ten years of incarceration and the unlawful discharge carries a maximum sentence of two years. Jackson is also required to register as a gun offender in DC.

Sufrin told the court she believes Jackson made a “thoughtful decision” to take responsibility for his actions and that he is ready to “accept the consequences and move forward” with everything.

Judge Hertzfeld accepted Jackson’s guilty plea as knowing and voluntary and gave Jackson credit for taking responsibility but will provide more perspective at sentencing

Parties are slated to reconvene on Oct. 13 for sentencing.

Judge Orders Competency Evaluation For Murder Defendant

A murder defendant was ordered to undergo a mental competency exam before DC Superior Court Judge Todd Edelman on Aug. 12.

Cory Heard, 23, is charged with first-degree premeditated murder while armed, second-degree murder while armed, two counts of possession of a firearm during a crime of violence, and carrying a pistol without a license outside of a home or business, for his alleged involvement in a shooting that resulted in the death of 35-year-old Rodney Snead. The shooting occurred on Nov. 20, 2023, on the 4200 block of 4th Street, SE.

During the hearing, defense attorney Quo Mieko Judkins discussed several issues related to Heard’s competency under seal. Judge Edelman ultimately ordered the defendant to receive a mental competency exam. In order to stand trial, a defendant must understand his charges and be able to work with his lawyer to build a defense.

Parties are scheduled to reconvene on Aug. 15 for a mental observation hearing.

Document: Police Seek Suspect in 7th Street Stabbing

The Metropolitan Police Department (MPD) announced they are seeking assistance in identifying a suspect involved in a stabbing on Aug. 7 on the 1100 block of 7th Street, NW.

The suspect fled after stabbing the victim during a physical altercation, leaving the victim with non-life-threatening injuries. The suspect was captured on surveillance video, and the MPD is urging anyone with information to come forward.

The Metropolitan Police Department (MPD) announced they are seeking assistance in identifying a suspect involved in a stabbing on Aug. 7 in the 1100 block of 7th Street, Northwest. The suspect fled after stabbing the victim during a physical altercation, leaving the victim with non-life-threatening injuries. The suspect was captured on surveillance video, and the MPD is urging anyone with information to come forward.

Judge Denies Multi-Carjacking Defendant’s Release After Waiving Prelim

A defendant charged with three DC carjackings waived his right to a preliminary hearing and was denied release before DC Superior Court Judge Eric Glover on Aug. 12.

Mark Edwards, 18, is charged with unarmed carjacking and robbery for his alleged involvement in an attempted carjacking and robbery on May 22 and a carjacking on May 28 both on the 4000 block of Minnesota Avenue, NW. In addition, Edwards is accused of a carjacking on May 27 at the Union Station Parking Garage on the 100 block of H Street, NE. Edwards was also allegedly involved in an armed robbery on May 23 in Hyattsville, MD.

Following Edwards’ waiver of his preliminary hearing of the evidence in the case, defense attorney Russell Hairston asked for Edwards’ release and said that he had the support of his mother, brother, and cousin.

The prosecution was opposed due to the serious nature of the charges. They noted that it was not one incident, but Edwards is accused of multiple carjackings.

Judge Glover accepted Edwards’ waiver but denied his release because of the seriousness of the charges. The judge noted that there was surveillance video evidence that allegedly identified Edwards as the suspect.

Parties are slated to reconvene on Sept. 4.

Stabbing Defendant Waives Prelim, Detained by Judge

DC Superior Court Judge Eric Glover denied a stabbing defendant’s request for release on Aug. 8 after he waived his preliminary hearing.

Carlos Blount, 45, is charged with assault with a dangerous weapon and assault with significant bodily injury for his alleged involvement in a domestic violence related non-fatal stabbing on July 31 on the 2000 block of Benning Road, NE.

According to court documents, after the victim ended her relationship with Blount, he allegedly harassed her on multiple occasions. At the time of the incident, Blount reportedly approached the victim, attempted to grab her phone, and a struggle ensued in which he allegedly stabbed her causing injuries to her back and buttocks.

Following Blount’s waiver of his preliminary hearing, Blount’s defense attorney, T Gail Maddox-Levine, requested he be released on GPS monitoring, curfew restrictions, and drug testing conditions. Maddox-Levine noted Blount’s “serious” medical needs. She said Blount was recently shot and is currently on crutches, arguing that he needs proper medical care.

The prosecution argued Blount should not be released because he is a danger to the community. The prosecution outlined the incident in which he allegedly stabbed the victim in broad daylight resulting in injuries that required 29 stitches.

The prosecution also noted Blount’s criminal history, which includes two pending cases, two outstanding bench warrants, and 15 executed bench warrants since 2019. The prosecution said this was not the first instance in which Blount was accused of assault.

Judge Glover accepted Blount’s waiver of his preliminary hearing but said he finds the nature of Blount’s alleged offense “troubling,” and kept him in jail.

Parties are slated to reconvene on Aug. 26.

‘Putting My Hood Up Is Not a Crime,’ Murder Defendant Testifies

A murder defendant testified and parties delivered closing arguments during a trial before DC Superior Court Judge Michael Ryan on Aug. 13.

Jajuan Gripper, 22, is charged with conspiracy, first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license outside a home or business, for his alleged involvement in the death of 34-year-old Rynell Bradford. The incident occurred on the 1500 block of Anacostia Avenue, NE on Dec. 20, 2022.

During the final day of trial, defense attorney Wole Falodun called Gripper to testify. Gripper said that he did not know Bradford and admitted to killing him without intent. He recounted the events of the night of the shooting, saying he stopped by the apartment complex where the incident occurred to visit a freelance vendor called “candy lady” to buy cigarette rolling papers.

After making the purchase, Gripper said he went to the building’s basement to play video games, where Bradford, visibly intoxicated, approached and began talking to him. Gripper said he felt uncomfortable, and briefly went to the first floor, leaving his gun behind.

When he returned, Gripper said he noticed his gun was missing and saw Bradford leaving through the back door. He decided to follow Bradford and to see if he had the gun but didn’t get a response.

Gripper claimed that as Bradford quickened his pace, he reached into his pocket, and pointed a gun at the defendant which is when Gripper, armed with another gun, said he fired at Bradford in self-defense. Gripper added that he did not call 911 immediately because he was in a state of shock and fear.

During cross-examination, prosecutors questioned Gripper about two individuals seen with him at the time of the incident. They presented multiple social media posts and music videos featuring the defendant alongside the alleged co-conspirators who have not been charged in connection to the shooting.

Gripper denied knowing the two individuals or their names, stating that, despite being depicted with them several times, and though he is a frequent visitor, he doesn’t know everyone in the building.

Prosecutors then played video footage showing Gripper appearing to speak with two people in the hallway leading up to the shooting, before suddenly looking down the steps as if he heard something. They argued that this was the moment Gripper heard the words “what he took” and rushed downstairs. Gripper, however, denied speaking to anyone or hearing anything coming from the basement.

The prosecution also highlighted that after the shooting, Gripper and the two alleged co-conspirators had their hoods up. Gripper responded, “Putting my hood up is not a crime.”

When questioned about having a firearm in his hands as he followed Bradford out of the apartment, Gripper, visibly frustrated, said, “I feel like y’all trynna trick me or something.”

The prosecutor replied, “We just want you to answer the question.”

Prosecutors presented cell site analysis indicating that Gripper used his phone immediately following the shooting to call the mother of one of the alleged co-conspirators, claiming it was to warn her that police would be at her apartment. They also noted that Gripper had searched “unsolved homicides” and, in the weeks leading up to his arrest, repeatedly clicked on Metropolitan Police Department (MPD) headlines about Bradford.

Additionally, prosecutors stated that cell site analysis showed Gripper texting someone to try and exchange the jacket he was wearing but when he was denied, they said he went to his sister’s house at 6:30 a. m. and asked her to take the jacket. Cell site analysis also showed that Gripper texted several people after the shooting, suggesting that the best point of contact would be over FaceTime or audio calls, as prosecutors alleged he did not want anything recorded as proof of the shooting.

Gripper denied all of the claims, despite being shown T-Mobile records confirming that he had texted several people to allegedly cover his tracks.

During the redirect, Falodun asserted that Gripper would not have fired if Bradford had not pointed a gun at him, and Gripper agreed.

Following Gripper’s testimony, the prosecution began closing arguments, stating, “This man, Jajuan Gripper, gunned down and killed Rynell Bradford in the middle of the street…That’s why you’re here today.”

Prosecutors highlighted what they described as Gripper’s inconsistent testimony, alleging he lied throughout.

They say Gripper lied about his intentions since he is seen on video leaving the building with a gun, denied hearing anything from the basement despite video showing him reacting, falsely claimed he didn’t load the murder weapon despite DNA evidence on the casings, misrepresented trying to discard his jacket, and lied about making phone calls after the shooting.

Prosecutors also emphasized that jurors should consider what counts as reasonable provocation for self-defense. “You cannot murder someone to get your property back,” argued prosecutors and noted that the law allows only non-deadly force if property is being stolen.

Prosecutors stated that even if Gripper did not kill Bradford himself, aiding and abetting would still make him liable.

Finally, prosecutors noted that Gripper was the only witness claiming Bradford pulled out a gun and that Bradford was shot in the back of the head and replayed video showing him running down the street before suddenly collapsing, emphasizing that he was shot at nineteen times but appeared to collapse after the first shot.

Falodun emphasized Gripper never denied shooting the victim and took responsibility, but argued that, “He did what the law allows him to do: protect his own life.”

Falodun pointed to CCTV footage showing a gun flying across the street when Bradford was shot, asserting that this proves Bradford was ready to fire. Falodun asserted that if Bradford did not intend to shoot, he would kept the gun, not discarded it in the street.

During the prosecution’s rebuttal, they argued that Gripper lied under oath because he was desperate and had no other option, stating, “It’s not just the little things that Gripper lied about. The very first thing he said was a lie.”

The prosecution concluded by saying, “Jajuan Gripper took a life over a piece of property. Rynell Bradford did not deserve the death sentence.”

The court will reconvene when the jury reaches a verdict.

Parties Dispute Instagram Evidence In Conspiracy, Double-Homicide Case

DC Superior Court Judge Todd Edelman delayed ruling on a key motion regarding social media evidence linked to a homicide defendant in a hearing on Aug. 13.

Michael Mason, 21, is charged with conspiracy, two counts of first-degree murder while armed, three counts of assault with intent to kill while armed, two counts of assault with intent to murder while armed, seven counts of possession of a firearm during a crime of violence, and seven counts of criminal street gang affiliation while committing a felony or violent misdemeanor.

The charges stem from his alleged involvement in three separate incidents. The connection with the death of 21-year-old Brea Moon and injury of a second victim. Moon was shot and killed on the 3900 block of Alabama Avenue, SE, on April 7, 2020. A shooting that injured two on April 8, 2020 on the 300 block of Anacostia Road, SE. Additionally, the death of 18-year-old Antwuan Roach on May 22, 2020 on the 3800 block of East Capitol Street, NE.

According to court documents, prosecutors allege Mason is part of the “Avenue Crew of Simple City” and conspired with others to assault and kill the crew’s adversaries.

Alongside Mason are co-defendants Nkobia Edwards, 22, Charles Hill Jr, 24, Dominique Franks, 24, Melvin Morris, 27, and Dajuan Jones, 24 who are also all charged with criminal street gang affiliation and conspiracy while armed relating to several non-fatal shootings and homicides taking place from January 2020 to June 2021.

During the hearing, Judge Edelman heard arguments from Mason’s attorneys, Andrew Ain and Bernadette Armand, on motions to suppress Instagram evidence. Judge Edelman summarized Ain’s argument that the prosecution improperly seized the Instagram evidence not specified in the warrants. Ain and Armand argued the prosecution not only went beyond the scope of the warrant, tje shared the material with the co-defendants violating Mason’s privacy.

The prosecution explained the evidence they received from Meta, the technology company that owns Instagram, was a huge document with thousands pages of messages, videos, and images. They stated that the evidence was a random mix of data interposed with messages that required them to sort through the pages and find the relevant evidence.

In response, Ain stated that although the prosecution only planned to use evidence that was within the warrants, the fact they looked at the other information could lead them to investigate other issues and collect further evidence. In addition, Ain mentioned the prosecution’s lack of documentation on how they seized the evidence and decided what was relevant or not. He argued that there needs to be sufficient documentation in order to determine whether the bounds of the warrant were respected. Moreover, Ain stated that there were other more reasonable ways to search for relevant evidence like AI instead of manually searching, which the prosecution claimed as the only realistic way.

Ain also argued that by suppressing all the Instagram evidence it would deter the government from practices of using broad warrants to collect a traunch of evidence and then choosing what they deem relevant.

Judge Edelman told the prosecution to draft a brief how they seized and sorted the Instagram evidence before he could rule on the motion.

Judge Edelman told the prosecution Mason was charged with conspiracy when he was 15 which beyond the age range of the court’s jurisdiction. The prosecution stated that they will respond in writing by next week.

Parties are slated to reconvene on Aug. 25.

Judge Allows Shooting Defendant to Represent Himself, Denies Request to Withdraw Plea

A non-fatal shooting defendant represented himself in court during a hearing on Aug. 12 before DC Superior Court Judge Andrea Hertzfeld.

Rashid Shabazz, 36, pleaded guilty on Sept. 27, 2024, to unlawful discharge of a firearm and unlawful possession of a firearm with a prior conviction for his involvement in a non-fatal shooting that occurred on March 4, 2024, on the 5000 block of Banks Place, NE.

Shabazz filed a motion to withdraw his guilty plea on Feb. 27, but has refused to appear in court at least six times since then.

During the hearing, Shabazz appeared in person for the first time since Dec. 13, 2024. Shabazz asked to dismiss his defense attorney, Susan Borecki. Borecki is the third attorney to represent Shabazz in this case.

Borecki asked Judge Hertzfeld to be dismiss her from the case, saying she lacks a relationship with Shabazz, and that representing him was a “mistake.”

Shabazz insisted hat all attorneys work for the prosecution because they advised him to take a plea when he did not want to.

Judge Hertzfeld allowed Shabazz to represent himself in court but did not dismiss Borecki, highlighting Shabazz’s lack of training or experience practicing law. The judge warned Shabazz he may “fail” to represent himself and explained that after hearing his arguments she may deny his motion to withdraw his guilty plea and proceed to sentencing.

Shabazz then argued to withdraw his guilty plea. Shabazz began speaking about his poor treatment inside the DC jail, saying he is scared to be there and also of himself. “I’m gonna die in jail for real,” said Shabazz.

Judge Hertzfeld asked if Shabazz had any evidence he wished to disclose. Shabazz responded by saying he was being accused by the prosecution of owning a car at the time of the incident but he has “never had a car in his life.”

The prosecution said they are only accusing Shabazz of the charges filed, which are firearms related, and maintain their proffer of facts that he possessed one during the offense. Prosecutors said there was no mention of a car in the charges or facts of the case.

Prosecutors noted that Shabazz previously admitted to obtaining a firearm when reviewing the evidence.

Judge Hertzfeld denied Shabazz’s motion to withdraw his guilty plea and said his arguments did not supplement his motion or provide evidence that the plea deal was unfair or involuntary.

Judge Hertzfeld decided to proceed and warned Shabazz that if he fails to appear in court, his sentencing will be held without him present.

Parties are slated to reconvene on Aug. 25 for sentencing.

Document: Police Investigate Homicide in Northwest DC

The Metropolitan Police Department (MPD) announced they are investigating a homicide that occurred on Aug. 11 in Northwest DC.

The victim, identified as 33-year-old Tymark Wells, was found with gunshot wounds on the 1200 block of 12th Street, NW and later pronounced dead at a hospital.

The case remains under investigation.

Stabbing Defendant Waives Preliminary Hearing, Remains Jailed

A non-fatal stabbing defendant waived his right to a preliminary hearing on Aug. 7 before DC Superior Court Judge Eric Glover.

Julius Miller, 55, is charged with assault with a dangerous weapon and assault with significant bodily injury for his alleged involvement in a non-fatal stabbing that took place on the 1900 block of Gales Street, NE on July 17.

According to court documents, Miller and the victim allegedly smoked cocaine together on July 16 when Miller requested money and the victim refused to pay. The next day, the victim was walking behind the building when Miller reportedly approached him. The two then reportedly engaged in a verbal then physical argument before Miller allegedly stabbed him several times. The victim suffered multiple stab wounds to his left middle back, left upper abdomen, and left upper back.

Following Miller’s waiver of his preliminary hearing in court, the prosecution requested that Miller remain detained prior to trial.

Miller’s defense attorney, Bruce Cooper, did not object to the hold or request for Miller’s release. Judge Glover acknowledged Miller’s continued detention and accepted the waiver of his preliminary hearing.

Parties are slated to reconvene Aug. 13.

Document: Police Arrest Suspect in 16 Year Old’s Murder

The Metropolitan Police Department (MPD) announced the arrest of a suspect in connection with a homicide that occurred on May 20 in Southeast DC.

The victim, identified as 16-year-old Dominique Dingle, was found deceased from gunshot wounds on the 1000 block of 3rd Place, SE.

On Aug. 11, Leroy Dixon, 17, was arrested and charged as an adult for second-degree murder while armed.

Judge Denies A Shooting Defendant’s Release Following Mistrial

DC Superior Court Judge Danya Dayson denied a shooting defendant’s request for release after prosecutors said they intend to retry the case during a hearing on Aug. 8.

Demann Shelton, 32, is charged with three counts of assault with intent to kill while armed, assault with significant bodily injury while armed, three counts of assault with a dangerous weapon, seven counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction.

These charges stem from his involvement in a shooting that occurred on Nov. 9, 2020 the 3000 block of 14th Street, NW outside of the Columbia Heights Metro Station. One individual sustained a gunshot wound to the hand.

The court declared a mistrial on July 28 after the jury could not reach a verdict. During the hearing, prosecutors informed Judge Dayson that they intend to retry the case.

Shelton’s defense attorney, Emily Sufrin, requested Shelton’s release on GPS monitoring. Sufrin said the case was several years old and that the trial was delayed several times before the mistrial. She pointed out that Shelton had been incarcerated for almost two years and has not been charged with any more crimes. Suffrin also asserted that most jurors did not think Shelton was guilty.

“They undermined Shelton’s right to a speedy trial,” said Sufrin about the prosecution.

Sufrin also told Judge Dayson that Shelton completed the “A’Tonement Project” program, a self-development course at the DC Jail, for which he was a block leader. Suffrin played a video from a staff member advocating for Shelton’s release and spoke about his growth as a violence-interrupter in the program.

Sufrin said if released, Shelton already had an employment offer, would stay with his mother, and abide by any conditions of release. She added that he had an abundance of family supporting him and pointed out family members in the courtroom.

Shelton’s sister was present and asked Judge Dayson for leniency because she was actively working on connecting Shelton with counseling and the resources he needed if granted release.

The prosecution requested that Shelton continue to be held at the DC Jail and argued that his criminal record showed a pattern of dangerousness to the community. They pointed out that Shelton had two prior firearm convictions, previously had his probation revoked because he did not abide by conditions of release, and was on release at the time this incident occurred. The prosecutor added that Shelton had only been held in this case since April 2024.

Judge Dayson acknowledged the strong familial support that Shelton had but said that his history indicated an escalation of risky behaviors. Ultimately, the judge denied Shelton’s release because there were no conditions she felt could ensure the safety of the community.

Parties are scheduled to reconvene on Nov. 7.

Triple-Fatal Arson Defendant Pleads Not Guilty at Arraignment

A murder defendant pleaded not guilty during his arraignment before DC Superior Court Judge Danya Dayson on Aug. 8.

Robert Simpson, 56, is charged with three counts of felony murder that was especially heinous, atrocious, or cruel with aggravating circumstances, assault with a dangerous weapon, simple assault, threat to kidnap or injure a person, misdemeanor threats to do bodily harm, arson, and two counts of destruction of property worth less than $1,000. These charges stem from Simpson’s alleged involvement in a house fire that occurred on Oct. 6, 2024, on the 3400 block of 23rd Street, SE. The fire killed 64-year-old Ronald McKinnon, 34-year-old Jessica Cunningham, and 85-year-old Margaret McKinnon.

During the hearing, Simpson’s attorney, Kevin O’Sullivan, informed Judge Dayson of Simpson’s intention to plead not guilty to all charges and asserted his right to a speedy trial.

In a January hearing, prosecutors presented surveillance footage allegedly showing Simpson walking toward the home, pausing briefly, then walking away following the start of the fire. Shortly after, a 911 call was made by Cunningham in which she stated “He came back…He set the house on fire.”

The defense claims there is insufficient evidence that proves the identity of the suspect in the footage.

Parties are scheduled to reconvene on Dec. 12.

Judge Grants Severance in Co-Defendant Shooting Case

DC Superior Court Judge Neal Kravitz granted a motion for separate trials to two non-fatal shooting co-defendants during a motions hearing on Aug. 7.

Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy while armed, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault knowingly while armed, four counts of possession of a firearm during a crime of violence while armed, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm with a prior crime of violence.

Lubin is also charged with possession of a prohibited weapon. These counts stem from their alleged involvement in a non-fatal shooting that injured two on the 4000 block of Benning Road, SE, on July 24, 2023.

During the hearing, Young’s attorney, Lisbeth Saperstein, proposed Young’s motion for severance from Lubin, namely to have a separate trial. Saperstein stated that Lubin agreed to testify in Young’s trial and his testimony would prove Young’s innocence.

The government argued that Lubin’s testimony must have substantial evidence in order to separate the trials for Lubin and Young.

Judge Kravitz acknowledged that it would be inefficient to have two separate trials but granted the motion after a discussion under seal with Saperstein and Lubin’s attorney, Kevin O’Sullivan. Judge Kravitz said Lubin’s testimony would show inconsistencies in the prosecution’s case.

The prosecution also requested delaying the trial in order to get Lubin’s cell site data around the time of the shooting. They argued that this evidence would be pivotal for their case but needed more time to receive the report.

O’Sullivan, argued against any continuance, stating that Lubin is ready to proceed with trial and this case is making him take time off from work.

Judge Kravitz agreed that the evidence is pivotal and ruled that he would grant the government’s request for a continuance. The trial was scheduled to begin on Aug. 11 but a new trial date for Lubin was set for Sept. 29.

In addition, Saperstein requested Young be released from jail awaiting trial.

The prosecution had no objection, but wanted Young to be put on GPS monitoring and home confinement. However, Saperstein stated that home confinement keep Young from getting a job.

Judge Kravitz released Young with GPS monitoring and a curfew from 10 p. m. to 6 a. m.

The prosecution also argued their motion for a good faith exception to illegally obtained evidence. Previously, in an Aug. 5 hearing, Judge Kravitz ruled that the lead Metropolitan Police Department (MPD) detective in the case collected GPS evidence from Lubin’s rental car illegally without a warrant and that evidence couldn’t be used in the trial.

Prosecutors disputed Judge Kravitz’s ruling and argued the detective was acting in good faith because he thought he obtained the evidence legally. The prosecution stated the detective believed he could get the GPS data from the rental car based on the rental agreement and since it was not Lubin’s personal car. Therefore, admissible in court.

O’Sulliven rebutted the government’s motion stating that the good faith exception only applies if the detective relied on a specific precedent from the courts or training which caused him to believe that he could obtain the evidence without warrant. But since there was no specific training or precedent that the detective used when gathering the GPS illegally, the good faith clause does not apply and the evidence can’t be used in court.

Judge Kravitz ruled that it was unreasonable for the detective to believe that he could access the GPS data without a warrant. He also stated that MPD should have trained the detective on what is prohibited or permitted under the Fourth Amendment. Therefore, Judge Kravitz denied the prosecution’s motion and affirmed the suppression of GPS evidence.

After Judge Kravitz’s ruling, prosecutors proposed since the GPS data is going to be obtained legally through a new warrant the government filed, the evidence should be included.

Judge Kravitz allowed parties to submit arguments and he will rule on it at a later time.

For the remaining motions filed, O’Sullivan argued the probable cause for the arrest of Lubin wasn’t established. Prosecutors called the case’s lead MPD detective to the stand to establish his reasoning.

During the direct examination by the prosecution, the detective stated that he noticed Lubin’s rental car in the area before the shooting and after the shooting seen through video surveillance and GPS tracking. The detective also stated that surveillance footage captured Lubin and Young wearing the same clothing said to be the same as the shooters. For example, the detective said one of the suspects wore a teal shirt on surveillance video before the shooting, and MPD discovered a similar teal shirt in Lubin’s rental.

On cross examination by O’Sullivan, the detective stated that they did not know of any gun in Lubin’s possession. The detective also stated that they never recovered a ski mask or black hoodie that was seen worn by the shooters. In addition, no witnesses identified Lubin as the shooter to the detective.

Parties are slated to reconvene on Aug. 11 to continue discussing motions.

Search