Prosecutor Seeks Answers on Forensic Errors in Murder Case

A DC Superior Court judge reviewed forensic evidence relevant to a murder defendant’s motion to have his inditment dismissed.

Ron McLeoud and his former co-defendant Joseph Brown are charged with first-degree murder while armed in the deaths of Amari Jenkins, who was found dead on Aug. 15, 2015, on the 4900 block of East Capitol Street, SE and Antwan Baker, who was found dead on the 5300 block Clay Terrace, NE.on Nov. 12, 2015. McLeoud, 27, was arrested in December of 2017.

The Aug. 21 hearing was scheduled because the prosecution was seeking more information about how the Department of Forensic Services (DFS) made an erroneous determination about ballistic evidence, which caused incorrect information to be presented to a grand jury.

“It really comes down to not if information presented to the grand jury was incorrect but at what point that falsity was known or should’ve been known to the government,” Judge Todd Edelman said.

In a document opposing the defense’s dismissal motion, the prosecutor said he did not know how the former Department of Forensic Services (DFS) examiner came to the incorrect determination.

“I have a tremendous amount of concern over what’s happened in this case and we need to get to the bottom of it,” he said.

The prosecutor made a discovery request on June 12, which the DFS refused.

The department questioned whether the prosecution has a right to the material being requested.

Robert Trout, the lawyer for DFS, said that the department’s internal workings should remain confidential.

But, the prosecutor disagreed, calling it “propostureous” for a crime lab to say that “how they got from a – b is protected.”

Judge Edelman also disagreed with Trout.

“They [DFS] only exist because of these cases,” he said.

Judge Edelman gave the prosecution until Sept. 2 to file a motion to mitigate privilege law so that he could access this information. The DFS has until Sept. 9 to respond to the prosecutor’s motion.

McLeoud and Brown were indicted as co-defendants at one point. However, their cases went on to be severed.

At one point, the two homicide scenes were determined to be linked by ballistic evidence. That evidence was later discovered to be erroneous, but not until after the incorrect firearms testimony was presented to a grand jury, which prompted the defense’s motion.

Defense attorney Steven Kiersh filed a motion to dismiss his client’s indictments based on the Introduction of false testimony in the grand jury and, alternatively, to require the prosecution to give the defense counsel the entirety of the grand jury minutes on May 1.

In his motion, Kiersh argued that “regardless of whether the information was known at the time to be false when it was presented to the grand jury, the fact remains that the grand jury which returned the indictments was misled and defendant was extraordinary prejudiced by unchallenged testimony that has proven to be false.”

Kiersh later went on to write that McLeoud “has absolutely no means to cure the injustice of having a grand jury hear false and highly prejudicial ballistics evidence. Dismissal of the indictment is the only means to cure the injustice.”

This article was written by Andrea Keckley.

Judge Holds 7 out of 23 Defendants During Initial Hearings

On Aug. 21, DC Superior Court Judge James Crowell released 16 defendants, held six in DC Jail and held one in the custody of the Department of Youth Rehabilitation Services (DYRS) during initial hearings.

Seth Andrews, who was charged with first-degree murder, is held by Judge Crowell. The defense submitted on probable cause and requested Andrews’ release. Andrews allegedly murdered his mother, 67-year-old Hazel Evans, by strangulation on the unit block of 35th Street, SE. Andrews began loudly crying in the midst of the hearing.

After reviewing evidence, Judge Crowell found Andrews a potential danger to the public and held him on the murder charge.

Judge Crowell held Quincy Johnson, a 16-year-old high school student, on the charge of first-degree murder while armed. Johnson is being charged as an adult and allegedly shot 20-year-old Anthony Riley on July 17 on the 100 block of Walnut Street, NW.

The defense brought up Johnson’s asthma condition, asking for his release.

Judge Crowell acknowledged the defense and detained Johnson based on the dangerous nature of the charge. Johnson is being held in the Department of Youth Rehabilitation Services (DYRS) custody.

One defendant is being held on the charge of failure to appear for a probation hearing in a domestic violence case. Judge Crowell ordered an mental exam for the defendant.

Another defendant involved in a domestic violence case, charged with second-degree theft and contempt. HE is being held at the DC Jail. Judge Crowell acknowledged the defendant’s history of domestic violence and violations of court orders.

Nijee Britton is being held on the charges of unlawful possession of a firearm, possession with intent to distribute a controlled substance and possession with intent to distribute a controlled substance while armed. The substances were cannabis and codeine.

Tyrell Moody is being held on the charge of unlawful possession of a firearm with a prior conviction. Judge Crowell cited that Moody was convicted for the “exact same offense” just two years ago.

Bianka Hill is charged with being a fugitive from justice, where she is wanted for aggravated assault with a weapon. Judge Crowell held the defendant because of the nature of the crime and her extended criminal history. Hill is being held for three days awaiting Maryland to pick her up.

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

Four defendants, charged with domestic violence assault, attempted threats to do bodily harm and Temporary Protection Order (TPO) violation, were released by Judge Crowell. Three of the defendants were given stay-away orders and one was given a no harassment, assaultive, threatening or stalking (HATS) order.

Three defendants, charged with being fugitives from justice, were released to turn themselves in to the demanding jurisdictions where they are wanted for probation violation, failure to appear and fraud.

Judge Crowell released four defendants with misdemeanor charges. Two were given stay-away orders, one was ordered to get a drug and alcohol assessment once available and one was released on GPS monitoring.

Two defendants charged with felonies were released. One defendant was charged with possession with intent to distribute codeine and cannabis, and one was charged with unlawful possession of a firearm with a prior conviction.

Two defendants are still in the hospital. One has been in the hospital since July 20, and the other since Aug. 12. Judge Crowell moved their hearings to Aug. 22.

Judge Reschedules Homicide Hearing with Teenage Co-Defendants

During a status hearing, a DC Superior Court judge rescheduled a hearing for the beginning of October to determine if a homicide case with teenage co-defendants has enough evidence to go to trial.

Michael Mason, 16, and Dajuan Jones, 19, are co-defendants charged with first-degree murder while armed for the death of Brea Moon, 21. Moon was shot and killed on April 7 on the 3900 block of Alabama Avenue SE. Mason is being charged as an adult.

The co-defendants’ attorneys worked with Judge Robert Okun on Aug. 21 to reschedule a preliminary hearing. The hearing was initially set for Sept. 1, but the court had a conflict on that day.

The prosecution pushed for the days to be consecutive. If the days of the hearing were far apart, the prosecution would be unable to communicate with the lead detectives on the case, one of the prosecuting attorneys said.

After some back and forth about scheduling conflicts between the court, the detectives on the case, the prosecution and the defense, the hearing was set for a Friday and Monday in October, Oct. 2 and 5.

Mason is also charged with first-degree murder while armed for the murder of Antwuan Roach, an 18-year-old resident of Southeast, D.C. who was killed on May 22 on Anacostia Road SE.

Jones has two other open cases for assault with intent to kill and fugitive from justice. He was also the defendant in a homicide trial from earlier this year in which he was found not guilty.

Judge Sentences Defendant for Assault and Sex Abuse Case

On Aug. 21, a defendant was sentenced to 10 months for assault with bodily injury and 90 days for a misdemeanor sex abuse charge. He was also given 6 months supervised probation.

The incident took place on May 6, 2019, on the 4000 block of H Street, SE.

The case was originally supposed to be sentenced in February.

While the defendant waited for his sentencing, he showed commitment to mental health and substance abuse rehabilitation efforts.

The defendant also owes a total of $150 for both crimes to the Victims of Violent Crime Compensation fund. He is prohibited from possessing or purchasing a firearm in Washington, D.C, must maintain mental health services through Community Connections , a not-for-profit mental health and addiction agency in SE, and have no contact with the victim in the case.

Judge Finds Sufficient Probable Cause in Murder Case

On Aug. 21, a judge determined that there is sufficient probable cause that defendants committed a murder.

Elton Wiggins, Lejeezan Toudle and Devon Stephens are charged with first-degree murder while armed for allegedly participating in the premeditated shooting of Eugene Isaac Jr. on Feb. 15 on the 100 block of N Street, NW.

The prosecutor argued that there was enough empirical evidence to support the claim of probable cause, citing location evidence, local surveillance evidence, the co-defendants connections to the firearm and text messages. She also propounded that Toudle’s actions on that day are clearly not consistent with someone who is not involved. Toudle alledgedly sent texts to co-defendants about how to avoid GPS tracking and took back the firearm that was used in the murder.

Toudle’s attorney, Terrence Austin, rebutted saying the prosecution is cherry-picking information that fits their narrative. He argued that is overstating and overreaching to corroborate whatever fits his version of events.

Judge Dayson ruled that the most damning evidence in this case is that it appears that all three co-defendants were in the same general vicinity.

She said the consistency of their movement showed there was some type of plan, although it is unclear specifically about what type of plan the defendants had.

Judge Dayson also denied a supervised release request for Toudle because of his previous record of noncompliance.

The next hearing is set for Nov. 6.

Judge Sentences Defendant for Firearm Offense

On Aug. 20, DC Superior Court Judge Rainey R. Brandt sentenced a defendant in a firearms case under the Youth Rehabilitation Act (YRA.)

Khyrell Winchester, 18, was originally charged with felony carrying a dangerous weapon outside a home or business. As part of a deal with the prosecution, the defendant pleaded guilty to a misdemeanor charge of attempted possession of a prohibited weapon.

Defense attorney Charles Wall said the gun was not loaded when it was in Winchester’s possession. Winchester added that, in his opinion, the gun was inoperable because it was rusty.

The prosecution agreed that the gun was not loaded but disagreed that it was inoperable.

Judge Brandt waived the 90 hours of community service suggested by the prosecution. Due to the pandemic, it was unreasonable to expect Winchester to complete community service hours, she said.

Winchester must undergo nine months of supervised probation, pay $50 to the Victims of Violent Crimes Compensation Fund and register as a gun offender.

Sex Abuse Defendant Stays on Pretrial Release

A DC Superior Court judge allowed a sex abuse defendant to stay on pretrial release.

The defendant, who is 42 years old, is charged with misdemeanor sexual abuse of a child or minor for allegedly engaging in inappropriate sexual behavior with a 14-year-old girl on or about Aug. 2. He is under the High Intensity Supervision Program (HISP.)

“I do understand that it would be a shame to have to go to jail…on a misdemeanor given the current state of events,” Judge Rainey Brandt said during the Aug. 21 hearing.

A notice of noncompliance was filed against the defendant on Aug. 20.

A Pretrial Services Agency (PSA) officer said an officer contacted the defendant to ask why he didn’t charge his GPS. The defendant said he left his charger at another place where he had been staying.

The defendant says his GPS monitor has only gone dead twice and the prosecution later agreed.

Judge Brandt gave the defendant a short turnaround to come into compliance with his release conditions, scheduling a follow up hearing for Aug. 26.

Document: Suspect Wanted for Benning Ridge Homicide

The Metropolitan Police Department (MPD) is seeking the public’s assistance in finding a suspect in a homicide that occurred on Aug. 6

At approximately 5:47 p.m., officers responded to the 600 block of 46th Place, SE for the report of gunshots. Officers located an adult male suffering from multiple gunshot wounds. He was pronounced dead on the scene and has been identified as 26-year-old Michael Brittingham.

Another adult male was found suffering from gunshot wounds. He was transported to a local hospital for treatment.

A juvenile male was also shot and walked into a local hospital for treatment of one gunshot wound.

A 17-year-old male juvenile has been identified as a suspect and is wanted for second-degree murder while armed. The juvenile is being charged as an adult and can be seen in the photos below.

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Judge Sentences Defendant in Carjacking Case

A defendant who was indicted on seven charges in April pleased guilty to one of the charges and two additional charges the prosecution added on April 21.

A grand jury indicted Nora Whalen for unarmed carjacking, assault with a dangerous weapon, leaving after colliding with property damage. injury to an animal, reckless driving, destruction of property of $1,000 or more, threat to kidnap or injure a person and unauthorized use of a vehicle. Whalen is a 39-year-old white woman.

The prosecution amended information in the case on Aug. 21 as well, adding another charge of simple assault.

Whalen decided to plead guilty to second-degree theft, attempted possession of a prohibited weapon and simple assault.

DC Superior Court Judge Anita Josey-Herring sentenced the defendant to time served for all of the charges, but is required to pay $150 to the Victims of Violent Crime fund.

According to court documents, Whalen tried to choke an Uber driver during the early morning hours on Aug. 1, 2018. The driver managed to escape while the car was driving down the 1700 block of Q Street, NW. The defendant jumped into the driver’s seat and fled the scene.

Carjacking Defendant Sent to St. Elizabeth’s Hospital

A DC Superior Court judge sent a defendant to St. Elizabeth’s Hospital, DC psychiatric institution, for a psychological evaluation.

Andre Fluelly, 20, is charged with unarmed carjacking for allegedly stealing a car on June 17. He is also charged with assault with significant bodily injury in connection with an incident in which Metropolitan Police Department (MPD) officers found a victim lying on the ground in a puddle of blood on July 19 on the corner of 14th and Irving Street, NW.

Fluelly sat silently during his Aug. 20 hearing as his attorney, Leo Alley, requested that his competency to stand trial be evaluated.

Judge Gerald Fisher granted the motion.

Fluelly’s next court appearance is scheduled for Aug. 31.

Document: Arrest Made In Domestic Homicide

The Metropolitan Police Department (MPD) made an arrest in relation to a domestic homicide that occurred on July 16.

At approximately 6:19 a.m., officers responded to a residence on the unit block of 35th Street, SE and found an unconscious female. She was declared dead on the scene.

An autopsy was conducted and the manner of death was ruled a homicide due to neck compression and asphyxia.

The decedent has been identified as 67-year-old Hazel Evans.

On Aug. 20, a 33-year-old Seth Andrews was arrested and charged with first-degree murder in relation to Evans’ death.

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Crime Alerts: August 20-21

Between 9 p.m. on Aug. 20 and 9 a.m. on Aug. 21, the Metropolitan Police Department (MPD) sent out two crime alerts.

The most recent alert was sent at 9:20 p.m. for a shooting on the 2700 block of Bruce Place, SE. Police do not have a description of the suspect(s).

The second alert was sent at 9:01 p.m. for a shooting on the 2200 block of Hartford Street, SE. Police are looking for a black Nissan Sentra.

If anyone has information about these shootings, please call 911.

Judge Finds Probable Cause for Assault Case, Defendant Held

DC Superior Court Judge Renee Raymond decided that an assault case has enough evidence to go to trial and held the defendant.

Mark Chambliss turned himself into the Metropolitan Police Department (MPD) on June 10 following an armed assault on May 10 in the 4600 block of Hillside Road and the 4700 block of Southern Avenue, SE. Chambliss did not know the victim. The defendant, 25, is charged with assault with a dangerous weapon.

The prosecution called one witness, a detective, during the Aug. 20 preliminary hearing.

Defense attorney Sellano Simmons asked Judge Raymond to release his client from DC jail while he awaits his grand jury trial because of the ongoing pandemic. Simmons said Chambliss no longer lives in the area that the assault occurred and safety of the community can be reasonably ensured.

The prosecutor opposed the release request, saying there was no evidence of Chambliss being vulnerable to COVID-19. The prosecution also said Chambliss has another pending charge for assault with a deadly weapon and the current case occurred while Chambliss was out on release for the previous charge.

Judge Raymond denied the release request, saying the safety of the community cannot be ensured.

Chambliss is pending a grand jury in the case. His next hearing is scheduled for Oct. 21.

Crime Alerts: August 20

During the day on Aug. 20, the Metropolitan Police Department sent out two crime alerts.

The most recent alert was sent at 6:10 p.m. for a shooting at 5:49 p.m. on the 3900 block of Minnesota Avenue, NE. Police do not have a description of the suspect.

At 5:46 p.m., police alerted the public to a robbery investigation at 5:33pm on the 4200 block of 13th Street, NE. Police are looking for four black males wearing all black clothing and masks. The suspects were last seen in a black Nissan With Maryland Tags.

Anyone with information about these incidents should call 911.

Judge Holds 9 Out of 29 Defendants During Initial Hearings

On Aug. 20, DC Superior Court Judge James Crowell released 20 defendants and held nine defendants during their initial hearings. Eight of the defendants were held in DC Jail while one was held under the Department of Youth Rehabilitation Services’ custody.

Judge Crowell held Jaamil Hipps, who was charged with second-degree murder, and set his next court date for Sept 14. The defense argued that there was no probable cause based on the circumstantial evidence Hipps was arrested under.

The prosecution argued that surveillance footage and the fact that Hipps was the only and last person to be seen at the location of the incident proved probable cause.

Judge Crowell agreed and held Hipps.

Michael Benbow was held on the charge of premeditated first-degree murder. Benbow is 17, but he is being charged as an adult.

Defense attorney Andrew Ain requested for Benbow’s release and asserted his constitutional right to a speedy trial. The prosecution requested Benbow be held, saying surveillance footage placed him in the area during the time of the murder.

Judge Crowell found probable cause. He said there is a “substantial likelihood” Benbow poses a threat of danger. Benbow is detained pending trial.

Stewart Brown, who was charged with burglary, was held with a competency test scheduled to take place due to mental health concerns. Judge Crowell found probable cause and held Brown, taking note of his concerns due to Brown’s extensive criminal history.

Rodney Patterson was held on charges of assault with intent to kill and possession of a firearm during a crime of violence.

Bernard Woods, who was charged with second degree burglary, was held after Judge Crowell stated he was inclined not to release him based on past criminal history.

Tavon Winston was charged with being a fugitive from justice. He is wanted in Maryland for homicide.

Given the nature of the charge, Judge Crowell was not inclined to release him, so he waived his extradition hearing in DC in order for Maryland to pick Winston up within three business days.

Nathan Williams was charged with being a fugitive from justice, where he is wanted for kidnapping an adult for ransom in Virginia. He also waived his extradition hearing for authorities to pick him up from DC Jail.

John Matthews is charged with being a fugitive from justice. He is wanted in Maryland for burglary. Matthews is being held for three days in order for Maryland authorities to pick him up.

A final defendant was charged with being a fugitive from justice, where he is wanted for assault in a domestic violence case. He allegedly tried to run over his wife with a car. The defendant is also being held for three business days in order for South Carolina authorities to pick him up.

Three additional defendants were charged with being fugitives from justice. Two were released with orders to turn themselves in to Virginia authorities. The other defendant waived his hearing on Aug. 14 and had not been picked up by the demanding jurisdiction, so the prosecution dismissed the case.

Two defendants charged in domestic violence cases were released with stay-away orders from the alleged victims.

Five misdemeanor cases were presented before Judge Crowell involving charges of possession with intent to distribute cannabis, assault, attempted threats to do bodily harm, unlawful entry of private property, assault on a police officer, possession of an open container of alcohol and contempt. All were released with stay-away orders.

Three defendants, charged with carrying pistols without licenses, were released with either stay-away orders or orders not to possess any firearms.

Three defendants were brought in on warrants for failing to appear at their court hearings. They were released with new court dates.

Two defendants are still in the hospital, so their cases were moved to Aug. 21.

Finally, of those who were released, four did not have charges filed against them by the prosecution.

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