Defendant Resolves 2 Felony Cases with Plea Deal

On Oct. 19, a defendant resolved two felony cases by pleading guilty to a gun charge.

In Clenteous McCoy’s first case, he pleaded guilty to carrying a pistol without a license outside a home or business in exchange for his other charge of possession with intent to distribute a controlled substance while armed being dropped. His other case, in which he was charged with possession with intent to distribute a controlled substance, was also dismissed.

On June 7, Metropolitan Police Department (MPD) officers spotted a car driving Northbound at a high speed on the block of 61^st Street, NE. The officers ran the car’s temporary license plate tag and discovered the car had been previously reported stolen. The officers began to follow the car, which repeatedly ran stop signs before the driver lost control of the vehicle on the intersection of 61^st and Eads Street, NE. The car rolled over and came to a rest.

McCoy, 22, exited the vehicle and began searching for an item in it before taking off on foot. The police proceeded to chase McCoy until he fell and was apprehended. A plastic bag containing tan powder later identified as having the presence of opiates, a black pistol, and thirteen live cartridges were recovered from the vehicle.

DC Superior Court Judge Michael O’Keefe scheduled McCoy to be sentenced on Dec. 12.

Abigail Grifno wrote this story

Judge Continues Hearing for Sex Abuse Defendant Awaiting Sentencing

A DC Superior Court judge continued a hearing for a defendant awaiting sentencing for misdemeanor sex abuse charge.

Dwayne Washington pleaded guilty to the charge in September 2019 for touching the victim’s buttocks without permission at a McDonald’s restaurant.

Washington, 37, is currently on home confinement as he waits to be sentenced. He did not show up to court for his Oct. 19 hearing.

However, defense attorney Sylvia Smith said her client is homeless.

Judge Michael O’Keefe scheduled a hearing for Nov. 4 to see if the defendant will show up to court.

Washinton entered a global plea deal in which he pleaded guilty to simple assault in a separate case and misdemeanor sexual abuse, in this case. As a result, the charges in his four other cases, which include attempted unarmed carjacking, misdemeanor sex abuse, bail violation and second-degree theft and unlawful entry onto private property, were dismissed.

Judge Issues Bench Warrant for Defendant in Assault Case

A DC Superior Court judge issued a bench warrant for the arrest of an defendant who did not show up to his Oct. 19 hearing.

Dan Pinkney, 61, is charged with assault with a dangerous weapon for allegedly striking a victim with a metal pipe after an argument on June 14 on the 700 block of Fairmont Street, NW.

A bench warrant was previously issued on Oct. 7 after a notice of noncompliance was filed by the Pretrial Services Agency (PSA.) Pinkney was picked up and, during an Oct. 15 hearing, was told to come to court on Oct. 19.

However, at the time of the hearing, Pinkney’s whereabouts were unknown.

The prosecution requested a bench warrant. Judge Michael O’Keefe granted the request.

“Hopefully we’ll get him back into compliance,” he said.

Maria Marzullo wrote this article

5 Defendants Held During Initial Hearings

On Oct. 17, five defendants were held at DC Jail and 22 were released.

A male defendant was held on a felony charge in a domestic violence case. He is being charged with the unlawful possession of a firearm with a prior conviction and assault with a dangerous weapon, which was identified as a rifle.

The prosecution requested the defendant be held, saying the weapon involved in the matter was allegedly a military style automatic rifle, and the complainant was a juvenile female.

Judge Heide Herrmann agreed with the request to ensure the safety of the community, noting that the defendant had a previous case which also involved a firearm.

The defendant was allegedly on probation supervision at the time of the crime, according to court documents.

Andre Walker is being charged with simple assault. On Sept. 28 he was seen assaulting the complainant on the 4300 block of Nannie Helen Burroughs Avenue, NE. Walker, 32, was released from incarceration in March based on a compassionate release motion, and was deemed a loss of contact with his probation officer.

Judge Herrmann said she could not guarantee that Walker would comply with release conditions and ordered him held. Judge Herrmann also noted that the severity of the assault contributed to her decision.

Paula Williams is being charged with violating a Temporary Protection Order (TPO) and violating the conditions of her release. Williams, 48, was arraigned earlier in the week on a separate matter and was ordered to to report to the Pretrial Services Agency for placement into the High Intensity Supervision Program (HISP). However, when Williams was scheduled to have her GPS monitoring device installed, she was allegedly committing the crime in this case.

Judge Herrmann could not guarantee that Williams would comply in this new matter and ordered her detained. Judge Herrmann also ordered a forensic evaluation for the defendant, as there could be mental health issues involved.

Kennie Gray is being charged with carrying a pistol without a license outside of a home or place of business, the possession of an unregistered firearm, the unlawful possession of a firearm with a prior conviction and the possession of a large capacity ammunition feeding device.

On Oct. 16, officers with the Metropolitan Police Department (MPD) responded to gunshots on the 3500 block of 22nd Street, SE. Upon arrival, officers noticed Gray, 24, acting suspiciously and glancing at his waistband, according to court documents.

After patting Gray down, MPD discovered a firearm, to which Gray allegedly admitted was his. Gray also informed MPD of additional ammunition located at his address, documents state.

Judge Herrmann noted that Gray had a previous charge involving a firearm, and he was allegedly deemed a loss of contact with probation in his most recent case. Judge Herrmann said she could not guarantee the safety of the community, or that Gray would comply with release conditions and ordered him detained.

Todd Lawson was held after waiving his right to an extradition hearing. Lawson is a fugitive of justice from Virginia. He has three warrants for his arrest, two for robbery and one for a probation violation. The authorities from Virginia have three business days to collect him from the DC Jail.

There were five defendants involved in domestic violence matters. The charges include destruction of property, violation of a protection order, and attempted threats to do bodily harm. One defendant was also a fugitive of justice from Maryland, with an underlying charge of simple assault. Three were given an order to not engage in harassing, assaulting, threatening, or stalking behavior (HATS). One was given a stay away order and a GPS monitoring device, and the last defendant was served with a Temporary Protection Order (TPO).

Judge Herrmann released two defendants charged in weapons cases. Both were given stay away orders, and one was also enrolled into HISP.

Three defendants were released in misdemeanor cases. Two defendants were given stay away orders, and one was put on pretrial supervision.

Three defendants were brought in on warrants. The warrants were all quashed, and the defendants were ordered to return to court at later dates. Two were ordered to return on Oct. 21 for status hearings, and the last defendant was ordered to return on March 19, 2021. He was also given a stay away order.

There were four fugitives from justice, and all four were released and ordered to surrender to the respective jurisdictions holding the warrants. Two are fugitives from Virginia and two are from Maryland.

Five final defendants were released with conditions including stay away orders, supervision under PSA and drug and alcohol assessments if deemed necessary by pretrial.

Crime Alerts: October 18-19

Between 9 p.m. on Oct. 18 and 9 a.m. on Oct. 19, the Metropolitan Police Department (MPD) sent out six crime alerts.

The most recent alert was sent at 5:27 a.m. for a confirmed robbery on the 1300 block of 2nd Street, NE. Police are looking for two Black males, 5’10” in height. The first suspect is bald with a tattoo on his arm. Both suspects are wearing black clothing.

An alert was sent at 1:33 a.m. for a first-degree theft of a stolen auto and armed robbery investigation on the 4400 block of E Street, SE. Police are looking for three Black males, wearing all black with black face masks. The first suspect is 20-25 years of age and approximately 6’0″ in height. The second suspect is 20-25 years of age and approximately 5’4″ in height. The third suspect is 20-25 years of age and approximately 5’8″ in height.

MPD sent out an alert at 1:27 a.m. for an assault with intent to rob investigation on the 4100 block of Minnesota Avenue, SE. Police are looking for a Black male, 6’0″ in height, in his 30s with a thin build and shoulder length dreads. He was wearing a white or grey hoodie with blue jeans and was last seen going northbound over a fence towards 295.

MPD was on the scene of a confirmed stabbing at 1:25 a.m. on the 1700 block of Gales Place, NE. Police do not have a description of the suspect(s).

At 1:24 a.m., MPD sent an alert for a shooting investigation on the 5000 block of Queens Stroll Place, SE. Police are looking for a black car with tinted windows, headed towards Benning Road, SE.

The final alert was sent at 9:24 p.m. for a robbery with a gun at the intersection of 4th Street, NW and Whitter Street, NW. Police are looking for two short, Black males in their twenties with dark complexions, wearing blue sweatshirts with a black gun. They were in a brown late model 4-door vehicle with tinted windows. They were last seen going southbound on 3rd Street, NW.

Most Fugitives Caught in DC Came from Maryland, Data Shows.

Throughout the summer, hundreds of alleged fugitives were brought before the DC Superior Court, wanted on charges ranging from larceny to homicide.

Around 269 fugitive defendants came through the court between June 16 and Sept. 1, according to D.C. Witness data.

Fugitives are defendants in cases who are wanted or thought to be the person wanted for charges in states outside of DC. Some defendants may be wanted by more than one state.

Most of the fugitives who had hearings in D.C. allegedly committed crimes in Maryland (182). Virginia (75) and Pennsylvania (3) were the second and third highest state, respectively, where the fugitives were wanted.

D.C. Witness data shows that fugitives, who were apprehended in DC, came from 13 states located on the East coast, South and mid-west.

One defendant, Rachon Bethea, was wanted for failure to appear for a homicide case in Maryland. Judge James Crowell decided to hold him on Sept. 3. Maryland picked Bethea up on Sept. 9.

Of all the defendants, Joshua Walker was the farthest away from his demanding state. Walker was wanted by Washington state for escape. He had a bench warrant out for his arrest since Oct. 16, 2019.

During his July 10 hearing, Judge James Crowell decided to detain Walker, saying he cannot ensure that the defendant won’t be a flight risk.

Walker waived his extradition hearing. Washington state authorities had until July 15 to pick him up. Otherwise, his case would be deferred to DC. However, the prosecution motioned for an extension of time on July 14, and Walker was picked up on July 20.

Walker was one of 31 defendants during this time period who waived their extradition and was picked up by the state that wanted them. Over half of the fugitive cases that came to the court during this time period remain undisposed.

Approximately 47 defendants were wanted for various assault charges. The second most common underlying charge was probation violation, and the third most common was failure to appear. D.C. Witness does not know all of the charges for which these defendants were wanted. And states may have different names for similar offenses.

*Underlying charges in fugitive cases*
*(Some defendants have multiple* *underlying charges)*

Around 14 percent of underlying charges in these fugitive cases could be considered process crimes. Failure to appear along with charges such as contempt and obstruction, are examples of crimes that interfere with the prosecution of a defendant.

As the name suggests, a defendant may be charged with failure to appear if that defendant does not show up to court. The most common underlying charge for fugitive defendants who were wanted for failure to appear was larceny.

*Underlying charges for failures to appear*

Andrea Keckley and Abigail Grifno wrote this article

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.

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