Search Icon Search site

Search

Judge Sentences Defendant for Unlawful Possession of A Firearm

On Sept. 22, a DC Superior Court judge gave a defendant the mandatory minimum for unlawful possession of a firearm with a prior conviction. 

As part of a plea deal with the prosecution, Tyrone Carter’s other charges of carrying a pistol without a license outside of a home or business, unlawful possession of ammunition and possession of an unregistered firearm were dropped. 

Defense attorney Bill Ponds asked for the mandatory minimum due to his client’s success while on pretrial release and his compliance with his release conditions.

Judge Julie Becker sentenced Carter to one year and one day plus three years of supervised release.

“I am giving you the lightest sentence I can,” she told the defendant. “I remember Mr. Ponds asking for your release, so you could work and spend time with your family, I’m glad I let you out and glad you came back.” 

Carter must register as a gun offender and pay $100 to the Victims of Violent Crime (VVC) compensation fund, which is under the Crime Victims Compensation Program. 

My Summer Internship at D.C. Witness

I have learned a lot from this internship.

Coming in, I was not quite sure what to expect. I knew that we would be going to court, however I was not aware that we would be writing journal articles on every single court hearing we attended.

By writing multiple articles daily, this has strengthened my writing skills.

I have also learned so much about the criminal justice system. By speaking/emailing with members of the court system to clarify certain things said in court or asking them about a defendant has taught me more about communication.

This internship has taught me a variety of skills and for that I am grateful. It has helped me prepare for my plans after I finish my undergraduate studies because I figured out that I most likely will not go to law school.

I am still interested in becoming involved with employment in the criminal justice system. While I’m not sure what that is yet, I am hoping it’s on a federal level. I also plan to continue my studies after college at a higher education program.

I enjoyed my time at D.C. Witness and have learned so much in such a short amount of time, especially with this past month online.

Corrine Simon interned at D.C. Witness during the Spring and summer of 2020. She is a student at Butler University.

Document: Suspect Arrested for Assault with Dangerous Weapon

The Metropolitan Police Department (MPD) arrested a suspect in connection with an assault with a dangerous weapon that happened on Sept. 21.

At around 11:32 p.m., a suspect tried to assault victims with a hatchet on the 1500 block of Maryland Avenue, NE. When the victims fled, the suspect damaged a vehicle with the hatchet. He was then arrested.

[documentcloud url=”http://www.documentcloud.org/documents/7215417-9-22-20-Arrest-Made-in-an-Assault-With-a.html” responsive=true]

Crime Alerts: September 21-22

Between the evening of Sept. 21 and the morning of Sept. 22, the Metropolitan Police Department (MPD) sent out three crime alerts.

The most recent alert was sent at 8:50 a.m. for a robbery involving force and violence that occurred at 8:15 a.m. on the unit block of O Street, NW. Police do not have a description of the suspect.

An alert was sent at 11:33 p.m. on Sept. 21 for a shooting on the 3000 block of Naylor Road, SE. Police do not have a description of the suspect(s).

Another alert for a shooting was sent at 6:54 p.m. on the 3500 block of Jay Street, NE. Police are looking for two Black males. The first suspect is wearing a blue sweater hoodie and gray jeans. The second suspect is wearing a light blue jacket and bleached jeans.

Judge Holds 8, Releases 26 During Initial Hearing

During initial hearings on Sept. 21, a DC Superior Court judge released 27 defendants and held eight at DC Jail.

Demetrice Patterson is charged with being a fugitive of justice from Virginia. The underlying charge is a weapons offense while in possession of narcotics. The city of Fredericksburg, Va. requested that the defendant be held due to the seriousness of the charges. 

Judge James Crowell said he was inclined to cooperate with the request. 

The defendant is being held in DC Jail until the respective authorities pick him up.

Daijah Foster is charged with being a fugitive of justice in Maryland for robbery with a weapon. Judge Crowell held the defendant due to the seriousness of the crime. 

Foster will be held at the DC Jail for three days, where the respective authorities in Maryland will pick her up.

Jayvon Jones, 18, is charged with possession with intent to distribute a controlled substance while armed. He is being held pending his next hearing on Oct. 14. 

According to court documents, Jones was stopped by officers with the Metropolitan Police Department (MPD) on Sept. 19, when they discovered a handgun in his waistband, and marijuana in his vehicle.

Richard Hunter, 64, is being charged with unlawful entry onto private property. Due to separate pending cases, one that involves the same location, Judge Crawford held the defendant at the DC Jail. 

Judge Crowell said he could not ensure that the defendant would comply with release conditions after violating previous stay away orders. 

Judge Crowell scheduled the defendant’s next hearing for Oct. 13.

William Gray, 33, is charged with attempted threats to do bodily harm, destruction of property, and simple assault. According to court documents, on Sept. 21, on the 1900 block of 9th Street, NW, a victim waved down officers. She said she had been robbed by the defendant. 

The defendant could be seen on surveillance footage punching the victim, and then reaching into the basket on her bike, according to court documents.

Judge Crowell held the defendant, scheduling a hearing for Oct. 13.

Andre Turman, 29, is charged with unlawful entry of private property. 

Judge Crowell held the defendant due to the fact the defendant has been non-compliant with the Pretrial Services Agency (PSA) for more than a year. Judge Crowell said he could not guarantee the defendant would be compliant now.

The defendant’s next hearing is scheduled for Oct. 13.

Eric Patterson, 22, is charged with the unlawful possession of a firearm with a prior conviction. The defense requested home confinement.

But, Judge Crowell denied the request, choosing to hold Patterson because the defendant had 10 arrest warrants issued over the last three years. Judge Crowell said he could not guarantee the defendant would appear in court on his own personal recognizance. 

Judge Crowell scheduled the defendant’s next hearing for Oct. 14.

A 35-year-old defendant was charged with unlawful entry onto private property, and was released with a stay away order.

Eight of the defendants are involved in domestic violence cases. One of the eight is being held on contempt charges. 

The defendant also has separate pending charges involving the same victim and has violated multiple protective orders. 

Judge Crowell said that because of the defendant’s criminal history, he could not ensure the safety of the victim and held the defendant pending his next hearing on Oct. 13.  

The released defendants included:

A male defendant is charged with simple assault and destruction of property in a domestic violence case. The judge released him with a stay away order. 

The defendant can only return to the scene stated in the stay away with a police escort to collect his belongings.

A male defendant is charged with violating a civil protective order and second-degree theft in a domestic violence case. He was released with GPS monitoring and a stay away order from the location and victim.

 Judge Crowell said that GPS would be suitable since no violence was involved in the case. 

Another male defendant is charged with destruction of property in a domestic violence case. He was released with a stay away order. 

A male defendant is charged with attempted threat to do bodily harm in a domestic violence case. He was released with a stay away order.

Three defendants are charged with simple assault in domestic violence cases. The defendants were released with stay away orders from the victims involved.


One defendant was brought before Judge Crowell for an outstanding arrest warrant. The defendant said he turned himself in, but due to the pandemic, he was not aware of the changes in court proceedings. Judge Crowell released him. 

The defendant is expected to return to court on Feb. 22.

One defendant, charged with assault with a deadly weapon and carrying a pistol without a license, was released with a stay away order. 

Judge Crowell also ordered him to report to PSA weekly, and to not possess any firearms or ammunition.

Five defendants who are charged with simple assault were released with stay away orders. Judge Crowell scheduled their next hearings for Feb. 22. The defendants must report to PSA weekly.

A 25-year-old defendant is charged with carrying a pistol without a license outside of a home or business. Judge Crowell released the defendant with a stay away order. The defendant  cannot possess any firearms or ammunition.

One defendant was arrested due to an outstanding arrest warrant for failing to appear in court, and was released with the order to return to court on Feb. 22.

 Judge Crowell said that he would be lenient because the missed court date was scheduled during the pandemic.

One defendant, charged with the distribution of a controlled substance identified as heroin, was released. The defendant is ordered to stay away from a location and report to PSA weekly.

Judge Crowell issued a bench warrant for one defendant that did not report to the PSA to have a GPS device installed. No bail was set.

Three defendants charged with being fugitives of justice were released. 

Judge Crowell gave them until 5 o’clock on Sept. 22, to surrender themselves to the respective jurisdictions. The Maryland cases involve a family offense, larceny, and drug possession. The remaining defendant has an extradition hearing scheduled for Dec. 23.

A defendant charged with possession with intent to distribute a controlled substance while armed was released with GPS monitoring. 

Judge Crowell also said the defendant could not possess firearms or ammunition.

Another 35-year-old defendant, charged with the unlawful possession of a liquid, identified as PCP, was released. The judge released the defendant with the conditions that he does not drive without a valid permit, and that he must report to PSA weekly.

A 46-year-old defendant is charged with lewd, indecent, or obscene acts in the Washington D.C. area, and being a fugitive of justice from Virginia. The underlying charge in the fugitive case is indecent exposure. 

Judge Crowell released the defendant in both cases. The defendant will return to Washington D.C. on Dec. 23, for an extradition hearing in regards to the fugitive matter. The judge scheduled a hearing for the D.C. case for Feb. 22.

The final defendant, a 41-year-old male, is charged with simple assault and sex abuse. Judge Crowell released the defendant with orders to stay away from the victim and location and report to PSA weekly. 

Judge Will Resume Prelim for Unarmed Carjacking Case, Tomorrow

On Sept. 21, a DC Superior Court judge continued a preliminary hearing in a carjacking case for Sept. 22. 

Adrian Proctor, 22, and Montoya Woodfolk, 21, are charged with attempted unarmed carjacking in connection with an incident that took place on June 22 in Northeast, DC. 

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

The prosecution says that Proctor drove to the CVS using the stolen car and tried to use the victim’s credit card. Forensic evidence found Proctor’s fingerprints on the exterior of the car.

According to Proctor’s defense attorney, Prescott Loveland, his client’s fingerprints were only found on the outside of the stolen car. Additionally, a search of his client’s house conducted by police showed that no items stolen from inside the vehicle were found.

Judge Rainey Brandt continued the preliminary hearing to Sept. 22. A Metropolitan Police Department detective, who worked on the case, is expected to testify.

Judge Presides Over 6 Felony Status Hearings

On Sept. 5, DC Superior Court Judge Michael O’Keefe presided over six felony status hearings. One dealt with a murder defendant.

The other murder defendant, Raymond Davis is charged with second-degree murder while armed in the death of Henry Hackett. Hackett, 39, was shot to death June 3 on the 2300 block of Altamont Place, SE.

A preliminary hearing to determine if the case has enough evidence to go to trial is scheduled for Nov. 12.

The other cases Judge O’Keefe presided over included burglary, armed robbery, firearms possession, bail violations and a prison breach.

Markus Kemp is charged with first-degree burglary, second-degree burglary, carrying a pistol without a license outside a home or business and unlawful possession of a firearm with a prior conviction.

During his hearing, his attorney, Amy Phillips, said she and the prosecution were engaging in conversations on plea negotiations.

Judge Michael O’Keefe scheduled a status hearing for Sept. 30 to determine if there will be a preliminary hearing. 

Shaquille Pittman is charged with armed robbery in connection with a robbery that took place in a pharmacy on the 4300 block of Polk Street, NE. 

During the hearing, defense attorney Quo Judkins said the defendant will not accept a plea deal that the prosecution offered.

A preliminary hearing is scheduled for Oct. 1.

Antonio Simms is charged unlawful possession of a firearm due to a prior conviction. Simms picked up the case after accidentally shooting himself in the leg on the block of 3000 Martin Luther King Jr. Avenue, SE on Aug. 27. His attorney has requested more time to review the case.

Another felony status conference hearing has been scheduled for Oct. 22.

Gino Williams is charged with felony bail violation. He picked up the charge for failing to appear in court on Feb. 11.

Williams’ attorney, Julie Swaney, requested more time to review the plea deal offered by the prosecution. A status hearing is scheduled for Oct. 8.

Erika Sellars is charged with felony bail violation and prison breach for allegedly leaving a halfway house without permission on Feb. 18. 

Sellars’ attorney, Andrew Ain, said they plan to resolve the matter with a plea deal. A felony status conference is scheduled for Oct. 13.

Judge Issues Two Bench Warrants During Pretrial Hearings

A DC Superior Court judge presided over ten pretrial show cause hearings on Sept. 21.

Judge Julie Becker issued bench warrants for the arrests of Gene Hayes and Marquise McFadden after they failed to appear in court. 

Hayes, 65, is charged with possession of cocaine. 

According to a Pretrial Services Agency (PSA) representative, Hayes never checked in with the agency after being released in August. 

Hayes’ attorney, Raymond Jones, has been unable to reach his client. 

McFadden, 20, is charged with robbery while armed with a knife. 

According to pretrial reports, McFadden is currently being held in Virginia. Judge Becker said she issued a bench warrant to serve as a detainer because McFadden has not complied with any of his release conditions. 

Judge Becker continued a pretrial show cause hearing for a defendant charged with possession of a large capacity ammunition feeding device. 

According to the representative, 20-year old Amari Johnson has failed to come into compliance with his conditions. 

The representative said his relative answers the phone and says that the defendant refuses to come to the phone. 

Johnson’s attorney, Sweta Patel, asked Judge Becker to give her client an opportunity to come back into compliance. 

Judge Becker decided to give Johnson one more chance, saying she expects “big improvements.” 

Judge Becker scheduled Johnson’s next hearing for Oct. 8.

Judge Becker also continued a hearing for a weapon and drug possession defendant. 

Andre Wallace is charged with possession with intent to distribute heroin while armed and unlawful possession of a firearm with a prior conviction.

According to the representative, Wallace, 57, has not been in full compliance with his GPS requirements. He has made detours while going to doctor appointments.

The prosecution asked for revocation. However, Wallace’s attorney, Anne-Marie Moore explained that Wallace now understands exactly what he has to do and is capable of being compliant. 

Moore asked Judge Becker to give Wallace a curfew because he has a potential chance for employment.

Wallace must show PSA paperwork showing proof of employment. Judge Becker said she will continue to have Wallace on home confinement until the work papers are turned in.

Judge Becker scheduled Wallace’s next hearing for Oct. 19.

Judge Becker discharged a show cause hearing for a defendant charged in seven different cases. 

Rodrigues Key is charged with possession of PCP, unlawful entry onto private property, second-degree theft, shoplifting and a bail violation. 

According to the PSA representative, Key, 28, has come into full compliance with his release conditions. 

The prosecution asked for the conditions of release to be continued and the defense agreed. Judge Becker granted the request.

A status hearing for Key is scheduled for March 17, 2021.

Judge Becker continued a show cause hearing for a second-degree theft defendant 

Rodre Holloway, 22, did not show up to his hearing. His defense attorney, Martin Rosendorf could not get in touch with him. 

According to the PSA, Holloway last reported to them on Sept. 9. 

The PSA also mentioned that Holloway currently lives in Virginia. 

Judge Becker continued the hearing to give Rosendorf more time to get in touch with his client. 

Judge Becker scheduled Holloway’s next hearing for Oct. 1. 

Judge Becker continued a show cause hearing for an assault defendant after the defendant and the defense counsel did not appear.

Andre Ruddock is charged with simple assault. Ruddock, 41, allegedly punched a man at the Metro Station Metro Center Entrance on March 21. 

According to the PSA, Ruddock has been a loss of contact.

Ruddock’s attorney, Joseph Fay, was not present at the hearing either. Judge Becker scheduled the hearing for Sept. 25 in order to reach defense counsel. 

Judge Becker continued a show cause hearing for Ronald Gooding, who is charged with destruction of property less than $1,000. 

According to the PSA, Gooding, 26, has never been in contact with them. Gooding’s defense attorney, Steven Polin, said he was never given any contact information to reach his client. 

The prosecution requested a bench warrant because of Gooding’s absence in court. 

Polin argued that Gooding has no criminal history. He asked for time to reach his client. 

Due to the charge, Judge Becker granted the defense’s request. 

Judge Becker scheduled Gooding’s next hearing for Oct. 21. 

Judge Becker continued a hearing for a defendant charged in three cases.

Darryl Matthews is charged with unlawful entry onto private property and a bail violation. 

According to the PSA, Matthews, 37, has not reported to them since the beginning of March. 

Matthews was not in court but according to his attorney, David Cumberbatch, Matthews had no knowledge that he had to be in court today. 

Judge Becker will give Matthews a chance to appear before a bench warrant is issued. 

Judge Becker scheduled Matthews’ next hearing for Oct. 5. 

Judge Becker discharged a show cause hearing for another defendant.

Morton Perry is charged with robbery while armed, possession of a firearm during a crime of violence, attempt to commit robbery while armed, assault with a firearm, unlawful possession of a firearm, carrying a pistol without a license, destruction of property $1,000 or more, fleeing a law enforcement officer, leaving after colliding property, possession of an ammunition feeding device and unlawful possession of ammunition. 

According to the PSA, Perry has only recently gotten back in touch with them. 

Perry explained some personal issues that he’s recently dealt with that has kept him from being in full compliance. 

The prosecution requested for Perry to be put on home confinement because of his prior history of compliance while under the High Intensity Supervision Program (HISP.)

“The request for HISP is overkill,” said Perry’s attorney, Wole Falodun. “He has not committed any crimes for over three years now.”

Judge Becker agreed with Falodun. However, she advised him to remain compliant. 

Judge Becker scheduled Perry’s status hearing for Oct. 8. 

Defendant Held for Carjacking, Pending Grand Jury

After witness testimony and legal debate, a  DC Superior Court judge found probable cause to move a carjacking case forward for a grand jury. 

Tyrell Frieson, 34, is charged with unarmed carjacking in connection with an incident that occurred on March 18 on the 500 block of 23rd Street, NW.

During the Sept. 21 preliminary hearing, Judge Robert Okun determined that the case had probable cause. However, he questioned if the alleged offense more closely resembled theft than carjacking.

Theft carries a lighter sentence than carjacking, according to Justia, a legal resources website.  In DC, the minimum sentence for carjacking is seven years and the maximum is 21 years, according to the DC Code. The minimum sentence for theft is two and a half years and the maximum is 15 years.

Defense attorney Peter Fayne argued that carjacking differentiates from theft because it requires force or violence. Fayne argued that his client, who was unarmed when the alleged crime occurred, did not commit any acts of violence. 

Fayne also argued that the vehicle was already stolen when the victim managed to jump into the backseat of the vehicle; therefore, the crime has already been committed – and that crime is theft. 

However, the prosecution argued that because the e-brake was still on when the victim jumped into the backseat, the vehicle must not have moved; therefore, the crime had not yet been completed.

The prosecution further argued carjacking is a subset of robbery in which sudden or stealthy seizure is considered violent. The prosecution also argued that there was violence since there was a physical struggle in the vehicle and the defendant smacked the victim’s phone out of their hand when trying to call the police. 

Judge Okun said that, while this is one of the weaker carjacking cases he’s seen, the events are consistent with a carjacking. 

He agreed with the prosecution’s argument of force or violence being broadly interpreted as a sudden or stealthy seizure.

Judge Okun noted that when the victim attempted to repossess his car, there is violence. In accordance with previous case law, the defendant does not have to take possession of the vehicle initially but could possess it at any point during the crime.

Judge Okun also decided to continue holding the defendant at DC Jail. 

Noting the defendant’s intent to submit a plea of insanity, the court set a date for a Criminal Responsibility Exam which will occur on Nov. 18.

On March 3, the victim, a Uber food driver, was delivering an order to a client and decided to leave his keys in the ignition and the door unlocked of his rental car. The victim said that, as he was returning to his vehicle, he noticed the defendant walking around the vehicle and eventually getting in the car. 

According to court documents, upon seeing the defendant get into the vehicle, the victim ran to the car and yelled at the defendant. Frieson put the car in drive and attempted to leave the scene but could not because the parking brake was on. The victim proceeded to enter the vehicle through the rear passenger door in an attempt to repossess the car. 

Both parties engaged in a physical altercation. Frieson tried to slap the victim’s phone out of their hand when they said they were going to call the police. 

The defendant proceeded to crash the car into a tree and light post. The victim was thrown from the backseat and into the windshield. He was treated for injuries at a local hospital.

Frieson was later picked up by canvassing officers after a witness reported seeing a man without shoes leaving the scene.

Judge Sentences Defendant for GPS Tampering

On Sept. 21, a DC Superior Court judge sentenced a defendant who pleaded guilty to GPS tampering. 

Davon Whitaker, 29, picked up the charge for removing his GPS monitor on April 28. The defendant reported to Court Services and Offender Supervision Agency (CSOSA) the following day to have a new monitor installed. 

Whitaker was on supervised release for unauthorized use of a vehicle, fleeing a law enforcement officer and destruction of property at the time of the offense

Judge Michael O’Keefe sentenced Whitaker to time served. 

Whitaker’s attorney, Cynthia Goode Works, asked the judge for time served. Works said the defendant admitted to removing the monitor and  reported to CSOSA the next day to have a new monitor installed. 

Judge O’Keefe agreed with the defense. 

The defendant must also pay $50 to the Crime Victims’ Compensation Program.

Judge Releases Defendant Convicted of Violent Behavior

After a defendant spent four month at the DC Jail, a DC Superior Court judge decided to release the defendant on time served for his offenses.

Riaz Noory, 29, was originally charged with assault with intent to commit first-degree sexual abuse, threat to kidnap or injure a person and assault with a dangerous weapon. On Sept. 21, he pleaded guilty to simple assault, attempted possession of a prohibited weapon and attempted threats to do bodily harm.

Judge Juliet McKenna sentenced the defendant to 180 days plus 18 months of probation for the simple assault charge. Judge McKenna also sentenced the defendant to 120 days, all of which were suspended, plus 18 months of probation for attempted threats. Noory was also sentenced to 180 days, all of which were suspended, plus 18 months of probation for attempted possession.

The sentences for simple assault and attempted threats will run concurrently. The sentence for attempted possession will run consecutively to each of the other two sentences.

He was released from DC Jail on Sept. 21 after receiving credit for time served.

On March 26, Noory entered an apartment on the 1300 block of 4th Street, SE that the victim was visiting and punched him in the face. The victim tried to escape, but the defendant chased him through the apartment with scissors, according to court documents. Noory cornered the victim in a closet and threatened to harm him if he did not take off his clothes and bend over.

“Fear and retreat wasn’t enough for Mr. Noory,” the prosecutor said. “Even after getting his pound of flesh that he thought he was owed, it wasn’t enough.”

Two witnesses pulled Noory off the victim and the defendant fled the apartment, the documents state.

The second incident occurred on May 22, when Noory threatened to harm another driver on the 1000 block of Delaware Avenue, SW. Noory exited his vehicle and started yelling at the second victim in front of Metropolitan Police Department (MPD) officers. 

While in DC Jail, Noory encountered several hardships, including the unexpected death of his brother and being attacked by several inmates, his defense attorney Richard Finci said.

“No one should endure the karma that fell upon my client,” Finci continued. “He has been punished in an unexpected and extreme way.” 

On Aug. 2, Noory’s younger brother and two close friends of the defendant drowned in a boating accident on the Potomac River, counsel said.

The defendant was released for 24 hours to attend the funeral. Finci said his client was only given one day to mourn with his family, which wasn’t enough time for members of his culture to grieve. The lawyer said Noory’s family were prominent members of the Afghan community.

Two weeks later Noory’s grandmother passed away from the coronavirus. He was not allowed to attend the funeral. 

While held in jail, Noory was also attacked by two inmates. He suffered a broken nose and a fractured cheekbone. The defendant has been held in protective custody for the past two weeks as a result of the attack. 

Finci said Noory began to experience psychogenic nonepileptic seizures that landed him in the hospital on two separate occasions. According to an article published on the U.S. National Library of Medicine’s website, the seizures “may appear similar to epilepsy but are caused purely by the emotions.”

“You will never see me again if you give me a chance to go home,” Noory told Judge McKenna. 

The defendant’s probation conditions include a stay away order from the second victim, not harass, abuse, threaten or stalk (HATS) the first victim, a mental health assessment and anger management program. 

“He has learned from his mistakes,” the first victim told the judge during his impact statement. “He should be with his family during this time of healing and grief.”

Noory must also pay $150 to the Crime Victims Compensation Program.

Probable Cause Found in Sex Abuse Case

A DC Superior Court judge ruled that a sex offense case has enough evidence to go to trial. 

The defendant is charged with assault with intent to commit first-degree sexual abuse.

According to court documents, the victim said she was walking to a gas station on the St. Elizabeth’s Hospital campus on July 11 when the assault happened.

The defendant allegedly exposed himself to the victim and continued to follow her after she told him to leave her alone. The defendant allegedly grabbed the victim’s hair, knocked her to the ground and began to remove her clothes. A witness called the police.   

During the Sept. 22 preliminary hearing, a Metropolitan Police Department (MPD) detective testified that another MPD officer showed the victim a photo array of suspects. The victim was able to positively identify the defendant with 100 percent confidence. 

Defense attorney Prescott Loveland questioned the accuracy of the evidence, citing a nine-minute discrepancy between the video surveillance and the 911 call and inconsistencies with the victim’s story. He also argued the description provided by the witness and victim matched several other males in the area, citing audio from an MPD Body Worn Camera (BWC.) 

Judge Todd Edelman’ said his reasoning for the probable cause ruling is based on the court report displaying all elements of sexual assault and the confident identification of the defendant by the victim. He disagreed with Loveland’s argument that inconsistency with the victim’s story does not constitute probable cause. 

“Inconsistencies [are to] be expected given the traumatic nature of this case,” said Judge Edelman. 

The prosecution submitted several documents into evidence, including a composite of video surveillance and audio of the 911 recording. These documents also contributed to s decision to find probable cause. 

The prosecutor argues that the defendant should remain held in DC Jail. The prosecution found a pattern of escalating series of conduct when reviewing the defendant’s prior offenses. This included the defendant being kicked out of a shelter, an assault with a dangerous weapon charge, three bench warrants and two accounts of simple assault. 

However, Loveland pointed out that most of his client’s priors were misdemeanors. He also said his client has a strong support system of family and employment connections in the community to warrant high-intensity probation. Loveland also noted that due to COVID-19, trials are on hold.

While Judge Edelman did acknowledge Loveland’s point regarding how COVID-19 has affected trials, he agreed with the prosecution’s argument on the defendant’s pattern of increasingly violent acts. He also noted the defendant’s support system has not prevented the recent criminal acts.  

The defendant’s next hearing, a felony status conference, is scheduled for Nov. 23.

Judge Sentences Defendant Following Plea Deal

On Sept. 21, a DC Superior Court judge sentenced a defendant for simple assault and attempted possession of a prohibited weapon. 

As part of a plea deal with the prosecution, Ahyende Gray’s other two cases, in which he was charged with unlawful entry into private property, were dropped. 

Judge Michael O’Keefe sentenced Gray, 21, to 180 days for each charge. The sentences are set to run concurrently. 

“He is not new to the criminal justice system, his conduct has escalated over time,” Judge O’Keefe said while explaining his rationale for passing this sentence. 

The defendant picked up the case for engaging in an argument with the victim, then stabbing the victim in the face with a sharp stick at the intersection of 16th Street and H Street, NW. The victim was treated for a laceration at an area hospital. 

Gray must also pay $100 to the Victims of Violent Crime (VVC) compensation fund. 

Defense Gets More Time to Discuss Plea Offer

On Sept. 20, a DC Superior Court judge continued a hearing to give the defense more time to consider a plea offer from the prosecution.

Demetrius Golden is charged with assault with a dangerous weapon for allegedly shooting a victim on March 26 on the 3200 block of Georgia Avenue, NW. The victim sustained non-life threatening injuries.

Judge Michael O’Keefe granted defense attorney Sharon Weathers’ request for more time, scheduling another hearing for Oct. 1.

Golden, 38, is currently being held at DC Jail.

Document: 1 Killed, 1 Wounded in Southeast, DC

The Metropolitan Police Department (MPD) is investigating a homicide that happened on Sept. 18.

At around 9:00 p.m., officers responded to the 2300 block of Ainger Place, SE for the report of a shooting. Upon arrival, police found an unconscious male suffering from gunshot wounds. Upon canvassing the area, they also found an adult female suffering from graze wounds.

The man, 56 year-old Marcos Brooks, was pronounced dead on the scene.

[documentcloud url=”http://www.documentcloud.org/documents/7214219-9-19-20-Homicide-2300-Block-of-Ainger-Place.html” responsive=true]