Judge Denies Dismissal Motion for Defendant Awaiting New Trial

A DC Superior Court judge denied a motion to dismiss a case involving multiple felonies that dates back to 2013. However, he did grant a motion to submit clothing for DNA testing.

In 2015, a jury found 57-year-old Victor Coley guilty of assault with intent to kill while armed, aggravated assault knowingly while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior firearms conviction, possession of an unregistered firearm/unlawful possession of a firearm or destructive device and unlawful possession of ammunition.

Coley was sentenced to 40 years.

In 2018, he filed a motion to reopen the case due to ineffective counsel. In December 2018, the case was reopened, and a new trial began on Nov. 12, 2019. The trial was paused in January due to motion issues and vacated after Coley submitted a motion for a new attorney.

Attorney Dorsey Jones was appointed to defend Coley on Feb. 21.

During the Oct. 22, Judge Michael Ryan addressed motions filed by the defense.

Coley’s attorney, Dorsey Jones, filed a motion to dismiss the case due to alleged violations from the Department of Forensic Services (DFS). Jones also filed a motion for DNA testing of the defendant’s shoes, shoelaces, jacket, and jeans.

Jones’ motion to dismiss based on DFS violations centered around a DFS employee who carried out the ballistics testing on the firearm found in Coley’s apartment. The DFS employee who testified at Coleys 2015 trial was investigated by the Department Of Justice (DOJ) in 2017 for allegedly forging a signature on documentation in an unrelated case. The employee was accused of trying to “shape the narrative” of the investigation.

Jones said that these subsequent actions on the DFS employee’s part challenged his credibility and called into question the chain of custody for the firearm and shell casings.

The prosecutor said these claims are no basis for dismissal. He said these allegations against the DFS employee happened two years after the investigation in this case. Another testing agency also re-examined the evidence.

Jones argued that the second examination didn’t prove that the evidence hadn’t been tampered with by the first DFS employee. He argued that officers did not mark the shell casings found on the scene. This makes it possible for the DFS employee to fire new rounds out of the gun recovered from Coley’s apartment and falsely claim that the new casings were those found on the scene.

“I can’t see how the DFS employee’s subsequent wrongdoing affects his testimony in such a way that it justifies dismissing the case.” Judge Ryan said. “I don’t believe that I can dismiss the case or exclude evidence.”

Jones requested DNA testing on the clothing Coley was wearing on the night of the offense. The surveillance footage of the assault showed a suspect running behind the victim while shooting. Jones said that the victim’s blood could have gotten on Coley’s clothing if he was the shooter.

The prosecution argued that the evidence could not be admitted at trial because officers, investigations, jurors, and prosecutors had all touched the clothing. He also said the testing would probably not lead anywhere.

“It seems like a sensible argument by Mr. Jones,” Judge Ryan said granting the request for DNA testing.

Coley is scheduled to return to court on Jan. 13.

Defendant Given Another Chance to Comply Before Sentencing

A DC Superior Court judge decided to postpone a defendant’s sentencing hearing so that he could prove that he can comply with release conditions.

Maurice Beckham, 19, pleaded guilty to unauthorized use of a vehicle, fleeing a law enforcement officer and destruction of property less than $1,000 in February. He is currently released under the supervision of the Pretrial Services Agency (PSA) while he awaits sentencing.

Defense attorney Wole Falodun requested that his client receive a fully suspended sentence under the Youth Rehabilitation Act (YRA), which would effectively seal the case once he completes certain requirements.

The prosecution disagreed, saying that Beckham has multiple re-arrests and has been largely non-compliant with the PSA.

“Mr. Beckham had no sanctity of life for himself or others in that moment,” the victim wrote in an impact statement that the prosecution read during the Oct. 22 hearing.

The prosecution then played footage from Metropolitan Police Department (MPD) Body Worn Camera (BWC) from the Jan. 10 offense. The officers were shown trying to stop Beckham as he rammed the stolen SUV into other cars during rush hour on Benning Road, NE.

“What were you thinking when you were driving over those cars,” asked Judge Erik Christian. “Those officers could have shot you in defense of those citizens.”

“I wasn’t thinking,” Beckham replied.

Judge Christian said that he will delay the sentencing to give Beckham time to prove that he is qualified for the YRA.

“The bottom line is that you’ve run out of excuses,” said Judge Christian. “I will accept nothing less than perfect compliance.”

The sentencing is now scheduled to take place on Jan. 14.

Sierra Robbins wrote this article

Document: Suspect Sought for Burglary and Credit Card Fraud

The Metropolitan Police Department (MPD) seek the public’s help identifying a suspect of a first-degree burglary and credit card fraud offense that occurred on the 1100th block of 4th Street, NW.

A suspect entered an occupied residence between Oct. 19 at around 11:15 p.m. and Oct. 20 at around 7:15 a.m. The suspect stole a wallet containing credit cards and fled. The suspect then used the credit cards at an establishment.

The suspect was captured by a camera.

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Document: Suspects Sought For Burglary in Northwest, DC

The Metropolitan Police Department (MPD) seek the public’s help identifying suspects of a second-degree burglary offense that occurred on Oct. 13.

At around 2:30 a.m., the suspects entered an establishment on the 1700 block of 14th Street, NW, took property and fled.

They were captured by a surveillance camera.

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Document: New Information on February Homicide

The Metropolitan Police Department (MPD) identified a suspect in a homicide that happened on Feb. 28.

At around 8:52 a.m., officers responded to the 700 block of Monroe Street, NE for the report of a shooting.

There, they found 21 year-old De’mari Twyman, of Oxon Hill, Md., suffering from gunshot wounds. He was taken to the hospital, but ultimately pronounced dead.

Detectives identified the suspect as 22 year-old D’Andre Mickle, of Northwest, DC. He was killed during an incident on April 28, 2020, at around 11:11 am at a home on the 1800 block of 24^th Street, NE.

Detectives determined that Mickle forced his way into the home and was confronted by another person. An altercation ensued and the Mickle was shot. The incident was classified as a justifiable homicide.

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Judge Dismisses Five Fugitive Cases

On Oct. 21, DC Superior Court Judge Sean Staples heard 10 extradition hearings, where all of the defendants were charged with being fugitives from justice.

Of the 10 cases, Judge Staples dismissed five per the prosecution’s request.

Five defendants all had their cases extended for 30 days as the prosecution was still waiting on paperwork from the demanding jurisdictions, including Maryland and Virginia.

No bench warrants were issued.

Judge Finds Probable Cause in Murder Case

“Just because something is a possibility doesn’t mean it’s probable,” a defense attorney told a judge during a murder hearing on Oct. 21.

Jaamil Hipps, 43, is charged with second-degree murder while armed in the death of Sa’id Grey. According to court documents, Grey was 40 years old when he sustained multiple stab wounds on Aug. 12 on the 1300 block Missouri Avenue, NW.

Hipps defense attorney, Lenshaah Murphy, argued that a combination of witness statements and testimony given by a Metropolitan Police Department (MPD) detective was not enough to meet the standard of probable cause.

Despite the defense attorney’s appeal, DC Superior Court Judge Danya Dayson decided that the murder case has enough evidence to go to trial.

“With respect to probable cause, this is a circumstantial case, so I am looking at the vitality of this case,” the judge said.

All parties acknowledged that the evidence in this case is largely circumstantial. However, the prosecution added there was video surveillance of Hipps leaving the building just after the murder. The prosecution also argued that the video shows the defendant removing his shirt after leaving the scene.

Judge Dayson said this act was the piece of evidence that persuaded her to find probable cause. She said the act of removing his shirt suggested some level of guilt because by doing so, he attempted to change his appearance.

However, Judge Dayson noted the prosecution’s argument regarding motive is not very compelling.

The prosecution alleges that Hipps and Grey argued over Hipps’ recent assault conviction. However, Murphy pointed out that this argument is based on at least two levels of hearsay and has no factual basis.

A substantial portion of the hearing centered around determining where two witnesses were just after Grey was stabbed.

One witness said she heard three cries for help before exiting her apartment. A MPD detective also said the witness ran to alert the apartment manager just as a second witness was coming down the stairs to do laundry. Neither witness said they saw each other or anyone else.

Judge Dayson also ruled to keep Hipps at the DC Jail. His next court appearance is scheduled for March 25.

Maria Marzullo wrote this article

Crime Alerts: October 21-22

Between 9 p.m. on Oct. 21 and 9 a.m. on Oct. 22, the Metropolitan Police Department (MPD) sent out four crime alerts.

The most recent alert was sent at 6:52 a.m. for a robbery on the 2400 block of Elvans Road, SE. Police are looking for five Black males and 1 Black female, occupying two black sedans. Suspect one is wearing a black hooded sweatshirt and black pants.

At 6:49 a.m., an alert was sent for a robbery investigation that occurred at 6 a.m. on the unit block of T Street, NE. Police are looking for a Black male with a slim build and a Black male with a medium build, operating a maroon Toyota Corolla bearing partial Virginia tags of “JFL.”

Another alert for a robbery investigation was sent at 6:21 a.m. for a robbery that occurred at 5:30 a.m. on the 1200 block of C Street, NE. Police are looking for a Black male with a dark complexion, black hat and black mask. They are also looking for a second Black male with unknown clothing. They were last seen operating an unknown make and model white SUV with partial temp tags “70108.”

The final alert was sent at 12:20 a.m. for a robbery (fear) on the 1700 block of Lamont Street, NW. Police are looking for a Black male wearing a grey hoodie and a second suspect wearing all dark clothing.

Judge Holds Five, Releases 18 During Initial Hearings

During initial hearings on Oct. 21, a DC Superior Court judge released 18 defendants and held five at DC Jail.

Dale Benjamin, 33, is charged with second-degree murder while armed for allegedly shooting Claudette Williams, Marquise Lewis and Juwan Wade on the 300 block of 50th Street, SE on July 7. All three victims were pronounced dead on the scene.

Benjamin’s attorney, Ronald Resetarits, argued against probable cause. He said the two witnesses who identified the suspect are unreliable and there is nothing else that places Benjamin at the scene.

Judge Sean Staples found probable cause. He cited the two witnesses and surveillance footage that shows two suspects shooting the three victims.

Judge Staples held the defendant due to the nature and circumstance of the event.

A domestic violence defendant was also held by Judge Staples.

The defendant allegedly assaulted six police officers. At her hearing, she appeared to think she was an undercover federal agent. Judge Staples held the defendant for a forensic examination and scheduled a mental health hearing.

Judge Staples held three defendants who were all charged with being fugitives from justice in Virginia and Maryland.

Rondez Tibbs is charged with being a fugitive from justice in the state of Virginia. The underlying charge in his Virginia case is kidnapping.

Judge Staples held Tibbs due to the serious nature of the offense.

Matthew Douglas is charged with being a fugitive from justice in the state of Maryland. The underlying charge is aggravated assault.

Douglas’s attorney, April Downs, asked for Douglas to be released to turn himself in to Maryland authorities. Judge Staples held the defendant, saying, “He was on release, now he has another matter so I’m not releasing him.”

Darius Taylor is also charged with being a fugitive from justice in the state of Maryland. His underlying charge is armed robbery; he also has a separate warrant from Montgomery County, Md. for theft.

All three defendants decided to waive their extradition hearings, giving the demanding jurisdictions three business days to pick them up.

Of those released, four defendants were fugitives from justice.

They were all released to turn themselves in to the demanding jurisdictions of Virginia and Maryland. Two defendants are wanted in Virginia for larceny, one defendant is wanted in Maryland for assault and the last defendant is wanted in Virginia for a probation violation.

A defendant charged with fleeing from a law enforcement officer and assault with a dangerous weapon was also released.

The prosecutor asked for a hold due to the seriousness of the charges. However Judge Staples released the defendant, saying, “she’s been reporting to her parole officer… since she was honest and doesn’t have any similar cases of this type, I’m going to release her.”

Three defendants brought in on bench warrants were released.

One failed to appear at a hearing with the underlying charge of possession with intent to distribute marijuana. The second defendant also failed to appear at a hearing with underlying charges of attempted threats to do bodily harm, simple assault and attempted possession of a prohibited weapon in a domestic violence case. The third defendant failed to appear and also had a new case with misdemeanor charges.

One defendant charged with threatening to kidnap or injure a person was released with a stay away order from the victim.

A domestic violence defendant charged with second-degree cruelty to children, possession of a prohibited weapon and assault with a dangerous weapon was released with a stay-away order. The defendant was charged with assault for allegedly having a hit and run with the victim. The victim followed the defendant home, then the defendant shot at the victim’s car.

Two defendants charged with unlawful entry were released by Judge Staples on their personal promise to return to court.

Two defendants charged with possession with intent to distribute marijuana and amphetamines were also released.

A theft defendant’s case was dismissed.

The rest of the defendants were charged with misdemeanors, including unauthorized use of a motor vehicle, fleeing law enforcement, lewd, indecent or obscene acts and theft. They were all released.

Judge Finds Probable Cause During Hearing

On Oct. 21, a DC Superior Court Judge held one defendant and released the other during a preliminary hearing.

Judge Renee Raymond found enough evidence to charge Lamar Jones, 27, with armed robbery. Burke Davis, 25, the other defendant involved in the case, was released.

According to court documents, Davis and Jones approached the victim on the 1800 block of Corcoran Street, NE. Davis demanded the victim to hand over whatever he had on him. He refused to do so and was then shot in the leg by Jones. After being shot, the victim handed Davis two twenty-dollar bills.

During the hearing, a Metropolitan Police Department (MPD) Detective in charge of the case identified Jones in the video footage from a body-worn camera.

The footage showed the victim approaching the officer, saying he had been shot and pointed toward a white vehicle that he saw Jones got in. The officers approached the car, and the defendants stepped out, documents state. The victim identified Jones as the person who robbed and shot him.

The footage also revealed the officers found a firearm on Davis in his pants waistband.

The MPD detective said that the pistol found on Davis was a .357 caliber and could not have been the gun used in the armed robbery case since the bullet that was found is a .45 caliber. The detective asked professionals whether a .45 caliber bullet could be used with .357 caliber guns. They said no, it could not.

During cross-examination, Davis’s defense attorney Leo Alley confirmed with the detective that Jones acted alone in the robbery.

The victim, who was involved in the case, reiterated that Jones was the only one who approached him during the robbery.

“ Are there any other statements that Mr. Davis was involved in the robbery or shooting?” Alley asked

“No,” replied the MPD detective.

Jones’s attorney Stephen Logerfo tried to argue not to find probable cause regarding Jones since there was no firearm found on him.

Judge Raymond took everything into account for Davis and found no probable cause for the armed robbery charge.

“The gerstein is fatally flawed, and the only probable cause I find for Mr. Davis is carrying a pistol without a license. It’s pretty clear that there is no probable cause when it comes to Mr. Davis. There is nothing on the record saying that he was involved in any shape or form,” Judge Raymond said.

Davis, who is in the High Intensity Supervision Program (HISP), was released.

Judge Raymond found probable cause for Jones, who was the one who approached and shot the victim. Due to the defendant’s past crimes, including an attempted robbery in 2012, Judge Raymond decided to hold him at the DC jail without bail.

A status hearing is set for the defendants on Nov. 19.

This article was written by Emily Pengelly

Judge Sentences Attempted Robbery Defendant

A DC Superior Court judge gave a defendant a suspended sentence for attempted robbery.

Carina Powell entered a bank on the 3800 block of 12th Street, NE and handed the teller a note demanding $2,000 on Feb. 24.

Powell, 27, was originally charged with robbery. In August, she pleaded guilty to attempted robbery.

During the Oct. 21 hearing, Judge Michael Ryan sentenced her to one year, fully suspended, plus 18 months of supervised probation.

Powell was held for five and a half months in this case. She will receive credit for time served.

The prosecution requested a 16-month suspended sentence because of Powell’s history. Powell was on probation when she committed the crime and was pending sentencing for a domestic violence matter.

Defense attorney Raymond Jones recommended a 10-month suspended sentence.

“My drinking makes me do bad things,” said Powell.

Judge Ryan acknowledged the need for proper treatment for Powell.

“The unfortunate truth of our prison system is that the treatment there is not good,” he said.

As part of her probation, Powell must participate in a mental health screening and a GED program.

Prosecution Extends Carjacking Co-Defendants Plea Offer

A DC Superior Court judge continued an Oct. 21 hearing to give the defense time to review a plea offer from the prosecution.

Montoya Woodfolk and Adrian Proctor are both charged with attempted unarmed carjacking for an incident on June 22.

Proctor allegedly forcefully removed a man from the driver’s side of a vehicle and unsuccessfully tried to drive off. He allegedly took items from the car and fled the scene by going off in an SUV that Woodfolk was allegedly operating on the 2800 block of V Street, NE.

Proctor is also charged with unarmed carjacking for allegedly rear-ending a vehicle and driving off with it after the driver exited on June 19 on the 200 block of South Capitol Street, NW.

The prosecution extended the plea offer on Oct. 19.

Proctor’s attorney, Prescott Loveland, said he has not had a chance to talk to his client about it yet.

Proctor, 22, is currently being held in DC Jail. Woodfolk, 21, is on release with orders to report to the Pretrial Services Agency (PSA.)

Judge Erik Christian scheduled the defendants’ next court appearance for Dec. 1.

Document: Suspect Arrested for Theft and Burglary

The Metropolitan Police Department (MPD) arrested a suspect in connection with three first-degree theft and second-degree burglary offenses.

On Aug. 15 at around 11:30 p.m., a suspect forcibly entered and stole property from an establishment on the 1300 block of New Hampshire Avenue, NW. The suspect then fled the scene.

Around 5:00 p.m. on Oct. 2, a suspect stole property from a construction site on the 1300 block of 16 Street, NW and then fled the scene.

On Oct. 4 at around 4:15 p.m., a suspect gained access to the construction site on the 1300 block of 16 Street, NW. The suspect stole property and fled the scene.

The suspect, a 58 year-old with no fixed address, was arrested on Oct. 18.

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Crime Alerts: October 20-21

Between 9:00 p.m. on Oct. 20 and 9:00 a.m. on Oct. 21, the Metropolitan Police Department (MPD) sent out six crime alerts.

The most recent one was sent out at 6:11 a.m. for an armed carjacking that happened at 6:00 a.m. on the 2100 block of New Hampshire Avenue, NW. Police are looking for a Black male with a medium complexion, white shirt and yellow jacket. They are also looking for a Black male with a dark complexion, stalky build and dark jacket, armed with a handgun, in a 2017 Toyota Tacoma MD tags 4CP4373.

At 5:49 a.m., the MPD sent out an alert for a robbery on the 800 block of First Street Street, NE. Police are looking for a Hispanic male wearing black jackets and blue jeans.

There was also a crime alert sent out at 1:18 a.m. for an attempted robbery.

At 10:20 p.m., police sent out a crime alert for a robbery on the 1200 block of Half Street, SE. Police are looking for a Black male wearing a blue shirt with a hood and white strips as well as tan boots. They are also looking for a suspect wearing a black shirt with black and white shoes.

At 9:40 p.m., the MPD sent out a crime alert for a shooting on the 300 block of 50th Street NE. They also sent out a crime alert at 9:27 p.m for a shooting on the 3700 block of 2nd St SE.

Document: Homicide in Lincoln Heights Neighborhood

Metropolitan Police Department (MPD) detectives are investigating a homicide that happened on Oct. 20.

At around 9:17 p.m., officers responded to the 300 block of 50th Street, NE for the sounds of gunshots.

There, they found 43 year-old James Edward Brisbon, of Southeast, DC suffering from a gunshot wound. He was pronounced dead on the scene.

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