Judge Holds 4 and Releases 23 During Initial Hearing

During initial hearings on Sept. 18, a DC Superior Court judge released 23 defendants and held four at DC Jail.

A juvenile was held for armed robbery, and as a fugitive of justice with an underlying armed carjacking charge. According to court documents, during an interview with police, the defendant allegedly admitted to participating in nine separate robberies.

Judge Herrmann scheduled the defendant’s next hearing for Oct. 8. He will have an extradition hearing for his fugitive charge on Dec 23.

A domestic violence defendant is charged with two counts of contempt and simple assault. Judge Herrmann said, due to three separate pending cases, she could not guarantee the safety of the community or the victim.

She held the defendant, and scheduled his next hearing for Oct. 6. Judge Herrmann also ordered the defendant stay away from the victims and locations in the cases.

Another defendant is charged with first-degree sex abuse and robbery. Because the defendant picked up these charges while on release for a separate case, Judge Herrmann said she could not guarantee he would be compliant and ordered him held.

His next hearing is scheduled for Oct, 8.

The last defendant who was held is charged with armed robbery. Judge Herrmann said that, due to his violent criminal history, he is a potential danger to the community and ordered that he be held.

His next court date is also scheduled for Oct. 8.

Five defendants are charged with being fugitives of justice, and were released to turn themselves in to the respective jurisdictions. Judge Herrmann scheduled the extradition hearings for Dec. 23. Two defendants, who are wanted in Maryland, have outstanding warrants for probation violation and assault.

One defendant had a bench warrant for failure to appear in court, but was released on the promise to appear in court next week on Sept. 22.

One defendant, charged with destruction of property, was also released. The defendant may only return to the location of the crime with a police escort. The defendant was also given a stay away order.

A 29-year-old defendant, charged with receiving stolen property and failure to appear in court, was released in both cases and ordered to check in with their probation officer.

Two defendants were released with stay away orders. One defendant is being charged with destruction of property. The other with assault and destruction of property.

One defendant was charged with contempt. Judge Herrmann said she saw the defendant yesterday and ordered him to stay away from the location of the crime. However if he needed to obtain any belongings he must have a police escort. Judge Herrmann stated that the defendant would be held if he violated this condition again.

Three defendants charged with simple assault were released with stay away orders. One of the assaults resulted in significant bodily injury to the victim.

A 40-year-old defendant is charged with operating a vehicle while impaired and driving without a permit. Judge Herrmann released him with the condition that he does not drive without a valid license, or when he is under the influence of narcotics or alcohol. He must also participate in any assessments deemed necessary by the Pretrial Services Agency (PSA).

A defendant is charged with leaving after colliding with property and reckless driving. He was released and ordered to not drive without a valid permit.

Three defendants are charged with possession with intent to distribute a controlled substance. One defendant must have his GPS reinstalled. Another defendant was given stay away orders from various locations. The third defendant was released with the condition that he report to the PSA weekly.

A 26-year-old defendant charged with simple assault and attempting to possess a prohibited weapon was released with a stay away order. He is being charged in a separate assault case.

A defendant is charged with simple assault and attempted second-degree theft. Judge Herrmann released the defendant based on the fact that the cases are misdemeanors. Judge Herrmann emphasized that the defendant must get back into contact with the PSA.

One defendant was charged with attempted threats to do bodily harm. The defendant was released by Judge Herrmann with a stay away and an order to not contact order the victim.

Another 26-year-old is charged with threats to do bodily harm and destruction of property. He was released with orders to report to the PSA on a weekly basis.

Case Acquitted: Judge Finds Probable Cause for Murder Case

This case was acquitted on Nov. 15, 2023.

A DC Superior Court judge ruled that a murder case has enough evidence to go to trial and held the defendant at DC Jail.

Michael Austin is charged with second-degree murder while armed for allegedly shooting 26-year-old Kayvon Kinney on the 1800 block of Gainesville Street, SE on May 24.

The preliminary hearing lasted over the course of two days. During the first day, Sept. 17., the prosecution presented video footage that shows a group of people arguing and then going inside a building on the day of the murder. Later gunshots are heard in the video.

A man, who authorities say is Austin then ran to his car and fled the scene.

The Metropolitan Police Department (MPD) recovered eight shell casings from the scene. All casings were from the same firearm. However, MPD did not recover a firearm.

The lead MPD detective said that one of Kinney’s close friends, who is one of the witnesses, said that Austin and Kinney were arguing and Austin shot Kinney. Kinney was allegedly the instigator and the aggressor of the argument based on the detective’s interview with the witness.

Another witness said he heard gunshots. According to the detective, the witness did not interact with Austin or Kinney.

Defense attorney Leo Alley asked the detective, “aside from what witness told you, do you have any reason to believe there was conflict between witness and any other party in this case?” The detective answered, “no.”

Austin was arrested in Atlanta, Georgia on a warrant for murder weeks later. According to the defense, the judge in Atlanta released Austin on July 2, he then reported back to DC as instructed.

The detective also interviewed a witness that is close friends with the defendant. According to the detective, the witness said she also heard gunshots but was inside of her apartment grabbing her phone.

The witnesses’ phone was searched. One of the messages read “…he was all in [another witness] face and pushing Mikey.” Mikey was identified as Michael Austin.

The prosecution argued that there was enough evidence to find probable cause.

“Based on witness one’s interview with the police, the decedent is the only one arguing with the defendant and gunshots are heard in the video,” said the prosecution. “The eight casings were found from the same weapon which indicated one shooter. It’s telling that the defendant is running to his vehicle after the gunshots and essentially speeds away. The defendant leaves the DMV that night and makes no contact with his family until he gets arrested in Georgia.”

However, Alley argued that the prosecution was basing their findings on “thin circumstantial evidence.”

“The fact that he left the area is a natural reaction to hearing gunshots,” said Alley. “The decedent was extremely intoxicated and the witnesses said that the decedent was the aggressor. We also know that there was a second person in the courtyard who walked to the scene of the crime and up the stairs afterward.”

Judge Neal Kravitz found probable cause. Austin fleeing the scene after the shooting was a big reason why. Judge Kravitz also said that the circumstantial evidence shows that Austin was the one most engaged in the arguments with Kinney.

Alley asked if his client could be released into the High Intensity Supervision Program (HISP) because he turned himself in upon learning of his arrest warrant.

Judge Kravits denied the request because of the violent nature of the offense.

Judge Kravits scheduled Austin’s next hearing for Dec. 1.

Judge Issues Four Bench Warrants, Revokes One Probation During Show Cause Hearings

A DC Superior Court judge issued four bench warrants, sentenced one individual, revoked one probation and continued three hearings during pretrial and probation show cause hearings on Sept. 18.

Judge Judith Smith issued a bench warrant for a 33-year-old defendant, who failed to appear to court. The defendant is charged with misdemeanor sex abuse. He has not reported to the Pretrial Services Agency (PSA) since his release on Aug. 21.

A bench warrant was issued for Eynwood Whichard, who has been a loss of contact and has failed to appear in court.

Whichard, 34, is charged with assault on a police officer. He failed to report to the agency since his release on July 13.

Judge Smith also issued a bench warrant for Patrick Brewer in a probation show cause hearing.

In November 2019, he pleaded guilty to attempted unauthorized use of a vehicle and possession with the intent to distribute a controlled substance.

When he was on pretrial release, he received noncompliance reports. He also received noncompliance reports on probation. A bench warrant was issued in March 2019.

Brewer is still a loss of contact with the Court Services and Offender Supervision Agency (CSOSA) and did not show up to his hearing.

The last bench warrant issued was for all three of Erik Scoggins’ cases.

Scoggins’, 41, is charged with simple assault, attempted threats to do bodily harm and attempted possession of a prohibited weapon. In another case he is charged with attempted threats to do bodily harm, attempted possession of a prohibited weapon and simple assault. And, in his third case he is charged with a misdemeanor bail violation.

Scoggins pretrial release conditions included reporting to PSA weekly by phone, which he failed to do. PSA reported that they still have not heard from him. In November 2019, he received a bench warrant.

Judge Smith sentenced another 43-year-old defendant after he decided to plead guilty to attempt to carry a pistol without a license.

Wyatt Marsh, who also goes by Cary Lamont Miles, was originally charged with carrying a pistol without a license outside of a home or business and possession of a large capacity ammunition feeding device.

Per the guidelines of his plea agreement, all other charges against him were dismissed. He was sentenced to 90 days, all time suspended, and given six months of unsupervised probation. Marsh must also register as a gun offender.

The judge revoked Cecil Vines’ probation and re-sentenced him in a probation show cause hearing.

Vines, 58, pleaded guilty to attempted distribution of a controlled substance on Jan. 17. He was sentenced to ten months, all time suspended and owed $100 to the Crime Victims Compensation Program. Vines was also given one year of supervised probation with a requirement to participate in a drug treatment program and mental health screening and evaluation.

Vines has had several violation reports with regard to GPS monitoring and with reporting to CSOSA. He has also refused to participate in required drug and mental health treatment services. As a result, Judge Smith re-sentenced him to six months in jail.

Judge Smith scheduled a continued pretrial show cause hearing for Patrick Alexander to give his defense attorney time to contact him.

Alexander, 56, is charged with failure to register as a sex offender. Since his pretrial release, he has had several notices of noncompliance and several bench warrants filed against him. He has a significant history of failing to appear but the judge gave his attorney one last try to reach him.

A pretrial show cause hearing was continued for Kevin Hodge for Oct. 2.

Hodge, 30, is charged with assault on a police officer in two cases. In addition to the alleged violations of his pretrial release conditions, he did not show up to court. His defense attorney, Jamison Koehler, said his client is currently at the Psychiatric Institute of Washington (PIW).

The judge scheduled a continued probation show cause hearing for Marquis Hicks for Sept. 22.

Judge Smith made this decision to allow more time to get more information from prosecutor, Mike Britton, to see how the court should proceed in this case.

On Nov. 28, 2012, Hicks pleaded guilty to conspiracy, assault with a dangerous weapon and robbery while armed. He has had several notices of noncompliance with the conditions of his probation since his release. According to CSOSA, he has been a loss of contact since March 27.

Prelim Set in Manslaughter Case

During a hearing for a manslaughter defendant, attorneys told a judge that they were engaging in discussions for a plea deal.

Tyrone Hector, 52, is charged with the involuntary manslaughter of Derrick Benson on Aug. 28.

Hector picked up the case in August when his pick-up truck collided with Benson, 43, who was traveling on a scooter, at the intersection of Constitution Avenue and 11th Street, NE. According to court documents, Hector was traveling in the wrong direction on the one-way street when he struck Benson. Benson was pronounced dead at the scene.

Defense attorney Anthony Matthews and the prosecution discussed a potential timeline for the procession of the case. Neither party has come to an agreement, it is unclear whether the preliminary hearing, which will determine if the case will move to trial, would occur on Oct. 30, or sometime in November.

Another hearing has been set for Oct. 16 to ensure both parties are in agreement before the preliminary hearing. If a plea deal is accepted or the preliminary hearing needs to be converted to another hearing the court will need to be advised by Oct. 23.

320 Defendants, 27% Held During Initial Hearings in 1st Half of September

DC Superior Court judges presided over 320 defendants’ cases during initial hearings from Sept. 1- Sept. 15.

Of the cases, judges released 235 defendants and held 85 defendants in DC Jail.

Nearly 18 percent of the cases were for defendants who were seen for release violations. According to D.C. Witness data, 36 defendants were brought in on charges for violating pretrial release conditions. Additionally, 16 defendants were brought in on charges for violating probation conditions, and seven defendants were brought in on charges for parole violations.

Twenty-three defendants were brought in on bench warrants for failing to appear at prior hearings, and there were 51 defendants who had cases involving firearms, 16 percent.

Judges held defendants on various charges ranging from felony crimes such as murder to other crimes, including destruction of property and parole violations.

Three DC Superior Court judges presided over the hearings, including Judge James Crowell, Judge Sean Staples and Judge Heide Herrmann.

Judge Staples presided over the most cases. He heard 171 cases and released 131 defendants and held 40 defendants.

Judge Crowell presided over 88 defendants, holding 31 defendants and releasing 57.

Judge Herrmann presided over the least amount of cases, hearing 61. She released 47 defendants and held 14 in the jail.

There were a total of 74 domestic violence cases, comprising 23.1 percent of all cases. The judges held 15 of the defendants and released 59.

Of the domestic violence defendants held, their charges consisted simple assault, violation of a Civil Protection Order (CPO), violation of a Temporary Protection Order (TPO), destruction of property less than $1,000, possession and attempted possession of a prohibited weapon, contempt, assault with a dangerous weapon, assault on a police officer, threats to do bodily harm, attempted second-degree cruelty to children and armed kidnapping.

Fifty domestic violence defendants were given stay-away orders and six were given no harassing, assaulting, stalking or threatening (HATS) orders toward the alleged victims in their respective cases.

Eight domestic violence defendants, five who were held and three who were released, were brought in on charges for violating a condition of their release.

Additionally, there were 103 misdemeanor cases, 89 felony cases and 10 traffic offenses.

Krystin Roehl wrote this report. Andrea Keckley contributed.

Document: 1 injured, 1 killed in Northwest, DC

Metropolitan Police Department (MPD) detectives are investigating a homicide that happened in the Takoma neighborhood of DC.

At around 11:41 p.m., Metropolitan Police Department (MPD) officers responded to the 7000 block of Blair Road, NW. There, they found an adult male suffering from a gunshot wound. He was conscious and breathing. He was taken to the hospital with non-life threatening injuries.

While canvassing the area, officers found Phillip Roache on the 7000 block of 5^th Street, NW. Roache, a 38 year-old resident of Waldorf, Md., unconscious and unresponsive. He was pronounced dead on the scene.

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Sentence Delivered in Felony Possession Case

DC Superior Court Judge Julie Becker sentenced a defendant to probation under the Youth Rehabilitation Act (YRA).

John Stewart, 22, pleaded guilty to unlawful possession of a controlled substance and carrying a pistol without a licence outside a home or business.

On Aug. 23, 2019, on the 500 block of Newcomb Street, NE, officers from the Metropolitan Police Department (MPD) arrested Stewart for carrying a 9mm pistol with an extended magazine and for possessing 4.3 grams of crack cocaine.

Judge Becker sentenced Stewart for carrying a pistol without a licence to one year in prison, all of which are suspended, plus 18 months of probation. For unlawful possession of a controlled substance, Stewart received 60 days in prison, which was suspended, and 18 months of probation. The sentences are slated to run consecutively.

During the sentencing hearing on Sept. 18, defense attorney Sabitiyu Abou argued that the defendant’s noncompliance with the Pretrial Services Agency (PSA) is due to the COVID-19 pandemic.

“I don’t think Mr. Stewart’s indiscretions can be attributed exclusively to the pandemic,” said Judge Becker.

While released, Stewart was arrested two more times. He is charged with contempt for carrying a pistol without a licence and for violating his stay away order.

Stewart also lost contact with PSA and did not charge his GPS tracking device. He posted photos and videos of himself on Instagram holding firearms after being ordered not to possess any.

“Give Mr. Stewart the chance to prove himself,” said Abou.

Defense council requested that Judge Becker give her client a suspended sentence under the YRA so that this case will be effectively sealed once he completes his sentencing requirements.

Judge Becker said the only reason she is not giving Stewart jail time is because he is currently held in DC Jail for his other two cases. By giving him a fully suspended sentence he will not be able to accredit his time in DC Jail to this sentence.

As part of the plea deal with the prosecution, the charge of possession of a controlled substance with intent to distribute was dropped down to just possession.

Conditions of the defendant’s probation include registering under the Gun Offender Registry, abstaining from drugs and alcohol, submitting to drug testing, enrolling in substance abuse treatment, GPS tracking and grief counseling if deemed necessary.

Judge Becker continued the stay away orders from this case and from his pending charges.

Stewart is required to pay a total of $150 to the Victims of Violent Crime compensation fund.

Document: Police Arrest Suspects for Assault

The Metropolitan Police Department arrested two suspects for an assaulting a Department of Transportation employee.

On Sept. 17, officers from the Metropolitan Police Department arrested a 25-year-old man for assault with a dangerous weapon, simple assault and destruction of property. The other 25-year-old suspect was arrested for simple assault.

According to a press release, the suspects and the victim got into a traffic dispute on the 2700 block of Pennsylvania Avenue, SE. One suspect, armed with a baseball bat, allegedly struck the victim and the victim’s work vehicle. The other suspect allegedly assaulted the employee.

Both suspects were apprehended by responding officers.

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Document: Police Arrest Suspect for Burglary

The Metropolitan Police Department (MPD) arrested a suspect for a burglary that occurred on the 700 block of 8th Street, SW on Aug. 25.

At approximately 4:45 in the morning, the suspect gained entry to an establishment and took property before fleeing the scene.

On Sept. 17, MPD officers arrested a 37-year-old male from Northwest, DC and charged him with second-degree burglary.

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Document: Police Search for Suspects Connected to Homicide on Irving Street, NE

The Metropolitan Police Department is search for suspects involved in a fatal shooting on Sept. 9.

According to a press release, officers found 31 year-old Jonathan Raiford, a resident of Northeast DC suffering from multiple gunshot wounds on the 900 block of Irving Street, NE. He was pronounced dead at a local hospital.

Another victim, who was also suffering from multiple gunshot wounds, was located on the 800 block of Michigan Avenue, NE. The victim was treated for non-life threatening injuries.

The suspects and a vehicle of interest was captured in the video below:

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Document: Police Seek Suspect In Assault Case

The Metropolitan Police Department (MPD) is seeking a suspect in connection to an assault with intent to commit first-degree sexual abuse case that occurred on the 800 block of Quincy Street, NW on Sept. 6.

At approximately 1:55 p.m., the suspect assaulted the victim with intent to commit a sexual offense before fleeing the scene.

The suspect is described as a Black male, approximately 28-35 years of age, 6’1″-6’2″ in height. He can be seen in the video below.

https://youtu.be/eZT-haU9cJI

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Document: Police Search for Suspects In Northwest Robbery

The Metropolitan Police Department (MPD) is seeking a suspect thought to be involved in a robbery (snatch) offense that occurred on the 800 block of T Street, NW on Sept. 12.

At approximately 2:10 a.m., the suspects approached the victim, and one of them snatched property from the victim before fleeing the scene.

The suspects can be seen in the video below.

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Document: Police Search for Suspect In Armed Robbery Case

The Metropolitan Police Department (MPD) is seeking the public’s assistance in locating a suspect believed to be involved in an armed robbery offense that occurred on the 4500 block of East Capitol Street, NE on Sept. 15.

At around 4:38 p.m., the suspects entered an establishment and approached the victims, one of the suspects brandishing a handgun. The suspect demanded the victim’s property and fled the scene after retrieving the property.

One of the suspects was captured by a nearby camera and can be seen below.

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Document: Two Juvenile Suspects Arrested

Metropolitan Police Department (MPD) officers arrested two suspects in connection with assault and carjacking offenses.

Both suspects are 15 year-old residents of Northeast, DC. One was arrested for armed carjacking, unarmed carjacking and assault with a dangerous weapon. The other was arrested for armed carjacking.

The cases remain under investigation.

On July 20 at around 8:56 p.m., two suspects approached the victim on the 900 block of 8^th Street, NE. They demanded the victim’s vehicle keys and, after a brief struggle, fled the scene in the victim’s vehicle.

On Aug. 4 at around 5:46 p.m., suspects approached the victims in a vehicle on the 100 block of Uhland Terrace, NE. One suspect discharged their firearms in the victim’s direction and fled.

On Aug. 30 at around 6:56 a.m., suspects approached the victim on the 900 block of 7^th Street, NE. A suspect took out a firearm and demanded the victim’s vehicle. The victim complied and the suspects fled the scene in the victim’s vehicle.

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Crime Alerts: September 17-18

Between 8 p.m. on Sept. 17 and 8 a.m. on Sept. 18, the Metropolitan Police Department (MPD) sent out four crime alerts.

The most recent alert was sent at 5:49 a.m. for a stabbing at the intersection of 16th Street, SE and Good Hope Road, SE. Police do not have a description of the suspect(s).

An alert was sent at 4:56 a.m. for a robbery with a gun on the 1800 block of 18th Street, NW. A possible suspect was stopped.

An alert was sent at 12:58 a.m. for a shooting investigation on the 7000 block of Blair Road, NE.

An alert was sent at 11:25 for a robbery (force and violence) investigation on the 1200 block of North Capitol Street, NW. Police are looking for two Black males. The first suspect has dreadlocks, dark jeans and dark shoes. The second suspect is wearing a black jacket and white AirForce 1 shoes riding a scooter in an unknown direction.