Judge Orders Competency Restoration for Defendant

On Aug. 14, a DC Superior Court judge ordered that a defendant receive a full competency exam at DC Jail to determine if he can stand trial.

Marlow Dugger, 42, is charged with simple assault and attempted possession of a prohibited weapon for allegedly threatening a victim with a knife over access to a water valve on July 26 on the 1500 block of Wisconsin Avenue, NW.

On Aug. 5, a Department of Behavioral Health (DBH) doctor reported that Dugger was incompetent to stand trial and recommended that he receive a full exam at the jail. Parties agreed that Dugger could benefit from more mental health treatment.

Judge Jonathan Pittman urged counsel to consider what steps to take next after the examination is completed. He specifically inquired about any plea negotiations between counsel. According to the lawyers, there have not been talks of plea agreements.

Dugger is scheduled to appear in court on Sept. 17 to evaluate his progress in gaining competency.

Judge Plans to End Probation Earlier if Defendant Continues Compliance

A DC Superior Court judge said she plans to terminate a defendant’s probation earlier than the initial date if he continues to comply with his probation conditions.

“I’m your biggest cheerleader,” Judge Rainey Brandt told the defendant. “Keep moving forward and you’ll do great things.”

On Nov. 18, 2019, Jonathan Groom pleaded guilty to carrying a pistol without a license for having a semi-automatic handgun on the 2200 block of 6th Street, NW, on Sept. 14, 2019.

Groom, 21, was sentenced to six months, all of which were suspended, plus one year of probation under the Youth Rehabilitation Act (YRA.)

A Court Services and Offender Supervision Agency (CSOSA) officer said that, besides missing an in-person meeting on Aug. 6, the defendant has been compliant with his probation.

The CSOSA officer praised Groom for his grades and efforts to earn his GED, which he is expected to receive in January of 2022.

“The pandemic has caused some confusion for a lot of people, but it seems that it hasn’t derailed him,” said defense attorney Chantal Jean-Baptiste. “It shows he’s serious about his probation.”

Judge Brandt said she was proud of the defendant. She also suspended his 24-hour community service requirement, so he may continue to focus on his education.

Document: Police Search for Suspect in Robbery and Theft Offenses

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying a suspect in multiple thefts and robberies.

On April 8 at around 5:45 p.m., a suspect stole property from an establishment on the 1700 block of Columbia Road, NW and fled the scene.

Another theft occurred on Aug. 6. At around 11:10 a.m., a suspect stole property from an establishment on the the 700 block of H Street, NE, and fled the scene.

A robbery took place on April 3. At around 5:04 p.m., a suspect approached the victim on the 1100 block of U Street, NW. The suspect forcibly took the victims property and fled the scene.

Another robbery took place on April 7, also on the 1100 block of U Street, NW. The suspect entered an establishment, assaulted a store employee, took property and fled the scene.

The suspect was captured by a surveillance camera.

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Criminal Justice Effects of COVID-19 Pandemic: Judge Declares Mistrial in Murder Case

Instead of continuing a jury trial for murder case that occurred nearly five months ago, a DC Superior Court judge decided to conduct a new trial for the defendants.

Nyekemia Everett and Malik Hewitt are charged with first-degree murder while armed, felony murder while armed, conspiracy, attempt to commit robbery while armed and possession of a firearm during a crime of violence. Everett is also charged with unlawful possession of a firearm, fleeing law enforcement officers and obstruction of justice. Hewitt also has a separate case from 2018, in which he is charged with obstructing justice.

Everett and Hewitt allegedly shot 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017.

The jury trial of both defendants began on March 3 and was suspended on March 18 due to the COVID-19 pandemic. The trial proceeded until closing arguments.

Both Everett and Hewitt’s obstruction of justice charges derived from their alleged attempts to threaten a witness in the case.

On Aug. 14, Judge Anita Josey-Herring told both parties that the court’s chief judge is extending his order until Nov. 9. The order states that jury trials are not able to proceed due to the pandemic.

The prosecution requested that Judge Josey-Herring ask the chief judge to allow the trial to continue as an exception, saying the District of Columbia is in phase two of reopening. Jurors should be allowed in court with social distancing guidelines, the prosecutor said.

However, the defense motioned for mistrial, saying the pandemic has affected everyone differently. Hewitt’s defense attorney, Nikki Lotze, said jurors would not be able to focus on or remember evidence from a trial that occurred approximately five months ago. She also said it is unrealistic to put the jurors, court staff and other members involved in the case at risk for COVID-19 while in trial.

Judge Josey-Herring granted the defense’s request for a mistrial, saying she could not ask the chief judge to make an exception for this case because she does not know how long deliberations would take. It is not necessary to put those involved in the trial at risk, the judge said.

Lotze then asked if she could be appointed as her clients Criminal Justice Act (CJA) attorney, which is an attorney who is appointed to defendants who are financially unable to afford representation, according to the U.S. Courts website. Lotze said Hewitt’s family exhausted their funds during the trial period.

Judge Josey-Herring said she granted the request in an attempt to alleviate potential financial struggles.

Both defendants are scheduled to appear in court again on Nov. 9 to evaluate if the court will be able to conduct jury trials again.

Robbery Convict Gets Time to Think About Probation Termination

A DC Superior Court judge continued an Aug. 13 hearing to Sept. 23, so a defense attorney could discuss early termination of probation with his client.

On July 3, 2019, Davon Boyd pleaded guilty to attempting to commit robbery for stealing merchandise from the store on the 100 block of Webster Street, NW. According to court documents, he also grabbed a cellphone from a store employee’s hand.

Boyd, 23, was sentenced to nine months, all of which were suspended, and 15 months of probation under the Youth Rehabilitation Act.

A Court Services and Offender Supervision Agency (CSOSA) officer said the defendant has been partially compliant with probation.

The defendant was also charged with simple assault for allegedly pushing a Metropolitan Police Department (MPD) officer as he was making an arrest on the 1300 block of Childress Street, NE on Jan. 22.

Boyd was shot on June 12 and has been suffering from a fractured hip. He can no longer walk and does not have access to a primary care physician, defense attorney Joseph Yarbough said.

Yarbough also said his client has been diagnosed with post-traumatic stress disorder (PTSD) and depression since the shooting.

Judge Rainey Brandt suggested the defendant’s probation be terminated. She said the case being sealed from public view will not greatly benefit the defendant, who already has a conviction in Virginia.

“He could have easily lost his life,” Judge Brandt said. “All of his focus right now needs to be on being healthy again.”

Yarbough opposed the idea and requested his client have additional time to come into compliance with probation. “Any criminal conviction is another criminal conviction,” he said.

Boyd never tested positive for drugs, but he has missed three drug tests.

On June 22, he was charged with GPS tampering for allegedly failing to charge his GPS device from March 14 to March 31 and April 22 to April 28.

Yarbough said this is a result of the defendant’s family circumstances. He said Boyd has had problems with securing a steady place to live.

Crime Alerts: August 13-14

Between 9 p.m. on Aug. 13 and 9 a.m. on Aug. 14, the Metropolitan Police Department (MPD) sent out one crime alert.

The alert was sent at 3:38 a.m. for a robbery on the 3700 block of Minnesota Avenue, NE. Police are looking for four Black males wearing ski masks occupying a silver Infiniti with damage to the front end of the vehicle on the driver’s side. A red 2019 Honda Accord with a crack front windshield bearing unknown temporary Maryland tags was taken.

If anyone has information about this event, please call 911.

Document: Suspect Arrested for Assault on a Police Officer

The Metropolitan Police Department (MPD) has arrested a suspect for felony assault on a police officer.

At around 12:01 a.m. on May 31, police were at 1600 block of H Street, NW due to civil unrest. A suspect threw objects, striking the officers. One officer was taken to the hospital with serious but non-life threatening injuries.

On Aug. 13, the police arrested a 44-year-old resident of Southwest, DC.

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Judge Puts Defendant on GPS Monitoring

A DC Superior Court judge put a defendant who had been noncompliant with probation on GPS monitoring.

Malik Hall pleaded guilty to carrying a pistol without a license on Nov. 20, 2019. He was sentenced to six months in jail, all of which were suspended, and one year of probation. His sentenced fell under the Youth Rehabilitation Act.

A Court Services and Offender Supervision Agency (CSOSA) officer said Hall’s compliance has been “very bad.”

The defendant’s only condition of probation is to telephone CSOSA twice a week. However, he has been a loss of contact from March 23 until April 27 and from June 22 until the Aug. 13 hearing.

Hall said he initially was not in compliance because he lost his phone and could not get in contact with CSOSA.

The prosecution asked for GPS monitoring as a way to ensure the defendant’s compliance.

Defense attorney Damon Catacalos opposed the request, citing the defendant’s job where he practically works full-time.

According to court documents, while on patrol on Aug. 26, 2019, Metropolitan Police Department (MPD) officers saw Hall attempting to walk away from police. While he was walking, he was grabbing his waistband as if he was attempting to secure an object from shifting.

An MPD officer approached a man near the defendant, saying, “Hey my man hold up real quick, I’ve got to talk to you.” At this point, Hall fled the scene and tossed objects from his waistband on the 1500 block of U Street, SE.

HePolice later apprehended the defendant. A semi-automatic firearm was found in the area the defendant threw things.

Hall’s next hearing is scheduled for Aug. 25.

“If I get another unfavorable report then, it’s going to be worse than an ankle monitor,” Judge Rainey Brandt said.

Judge Gives Homeless Defendant 2nd Chance to Appear for Hearing

A DC Superior Court judge gave a homeless defendant, who failed to appear at his Aug. 13 hearing, a second chance to make it to court.

On Dec. 20, 2018, Nathaniel Carter pleaded guilty to second-degree burglary.

Carter was sentenced to two years, one of which was suspended, plus one year of probation under the Youth Rehabilitation Act.

A Court Services and Offender Supervision Agency (CSOSA) officer said the defendant’s adjustment to supervision was “extremely poor.”

The officer said he has been a loss of contact since Jan. 14 and received multiple violations in Montgomery County, Md.

Defense attorney Roderick Thompson asked for time to find the defendant, who may not have had notice of the hearing due to homelessness.

Carter’s next hearing is scheduled for Aug. 27.

Judge Rainey Brandt said she will issue a bench warrant if he fails to appear at the next hearing.

Judge Continues Defendant’s Probation

On Aug. 13, a DC Superior Court judge continued a defendant’s probation.

Kenneth Carrol pleaded guilty to carrying a pistol without a license on Oct. 24, 2018.

He was sentenced to 24 months, in which 15 of those months were suspended, plus two years of probation under the Youth Rehabilitation Act.

A Court Services and Offender Supervision Agency (CSOSA) officer said the defendant has been compliant with his probation.

“Keep up the good work,” Judge Rainey Brandt told Carrol.

Domestic Violence Defendant Pleads Guilty to Simple Assault

A DC Superior Court judge sentenced a domestic violence defendant to serve 45 days in jail with credit for time served and one year of probation.

Conner Brown was charged with simple assault, second-degree theft, attempted threats to do bodily harm, violation of a civil protection order, attempted second-degree cruelty to children, and contempt for violating release conditions. As part of a plea agreement with the prosecution, all charges were dropped except for three charges of simple assault. The assaults took place in January of 2019, February, and July.

As part of the conditions of his probation, Brown must stay away from the victim and her home, enter and complete a domestic violence intervention course and undergo drug and alcohol testing.

“You’re a very young individual. Your life can certainly take a different path,” Judge Maribeth Raffinan said.

For all three charges of assault, Brown will serve concurrent sentences of 45 days in incarceration and one year on probation.

The defendant must also pay $500 in restitution to the victim for stealing her phone and $150 to the Crime Victims Compensation fund.

Judge Holds 6 of 24 Defendants During Initial Hearings

On Aug. 13, DC Superior Court Judge Robert Okun released 18 defendants and held six defendants in DC jail during initial hearings.

Michael Moore was brought in on a bench warrant for failing to appear for his hearing for an armed robbery charge. Judge Okun decided to hold Moore, citing the nature of the case and his noncompliance with pretrial services.

Terrell Baker, charged with robbery for allegedly stealing a victim’s Airpods, backpack, wallet and $200, was also held by Judge Okun. Baker is on pretrial supervision for another robbery charge that he was arrested for on Aug. 6.

Michael Grantham was charged with being a fugitive from justice, where he is wanted in Pennsylvania. He decided to waive his extradition hearing in DC in order for Pennsylvania authorities to pick him up from DC Jail within three business days.

Three defendants involved in domestic violence cases with charges of simple assault, attempted threats to do bodily harm, unlawful entry and attempted possession of a prohibited weapon were all held by Judge Okun.

There were three additional domestic violence defendants, and all were released with stay-away orders and one was also put on GPS monitoring.

Two defendants charged with being fugitives from justice were released to turn themselves in to the demanding jurisdictions in which they are wanted.

There were six misdemeanor cases, and Judge Okun released them all with various conditions, including orders not to possess firearms, no harassing, assaultive, threatening or stalking (HATS) orders and High Intensity Supervision Program (HISP) orders.

There were seven additional felony cases presented before Judge Okun. Six were released with conditions, and one was given a judicial summons because he was released at an earlier date to return back to court.

Two defendants were still hospitalized, so Judge Okun scheduled their hearings for Aug. 14.

Judge Terminates Defendant’s Probation

A DC Superior Court judge terminated a defendant’s probation earlier than the intended end date.

On Feb. 5, Alden Jackson pleaded guilty to attempted possession of an unregistered firearm.

Jackson, 22, was sentenced to 180 days, all of which were suspended, plus nine months of probation.

On Aug. 13, a Court Services and Offender Supervision Agency (CSOSA) officer said the defendant had recently been in compliance with probation, despite initial problems.

Defense attorney Mary Kennedy asked for her client’s probation to be terminated, citing his “wonderful family support.”

Judge Rainey Brandt terminated the probation based on his compliance and a desire to not waste the resources of the court.

The defendant will receive the benefit of his case being effectively sealed from public view under the Youth Rehabilitation Act.

On May 19, 2019, a driver attempted to flee from a traffic stop, causing a collision with another vehicle on the 2500 block of Stanton Road, SE. The driver fled on foot and Metropolitan Police Department (MPD) officers saw Jackson exiting the front passenger seat. When he stood up, an unregistered handgun fell from his waistband.

Judge Plans to Terminate Probation if Defendant Continues to Comply with Conditions

A DC Superior Court judge said she will terminate a defendant’s probation if he continues to adhere to the conditions of his release until his Dec. 2 hearing.

Alonte King pleaded guilty to possession with intent to distribute a controlled substance on Dec. 30, 2019.

Later that day, he was sentenced to one year of jail, which was suspended, plus one year of probation.

King, 32, was rearrested for distribution of a controlled substance on March 14 for allegedly selling cocaine to an undercover Metropolitan Police Department (MPD) officer on the 1200 block of North Capitol Street, NW.

However, a Court Services and Offender Supervision Agency (CSOSA) officer said the defendant has otherwise been compliant with conditions of his probation.

The officer said King tested negative for drugs before the testing was suspended due to the COVID-19 pandemic. The officer also said he has not had an issue with contacting the defendant.

The officer reported that King completed 90 volunteer hours, a condition of his probation, during February and July. However, the service was for a local business, not a non-profit, a requirement the defendant had been informed of.

The defendant said he was not paid for the work.

Judge Rainey Brandt did not rule on whether or not the hours would be counted as community service during the Aug. 13 hearing.

On Aug. 13, 2019, King was initially arrested for selling $20 worth of cocaine to another undercover MPD officer. He was found to be in possession of $46 cash and 32 bags containing a white rock substance, according to court documents.

Judge Continues Hearing to Assess Defendant’s Compliance

A DC Superior Court judge continued a defendant’s hearing to assess his compliance with probation.

On Nov. 12, 2019, Suneverlasting Hall pleaded guilty to carrying a pistol without a license for having an illegal handgun in his waistband on Sept. 9, 2019, on the 2300 block of 11th Street, NW.

Hall, 21, was sentenced to six months, all of which were suspended, plus one year of probation the following January.

During the Aug. 13 hearing, a Court Services and Supervision Offender Agency (CSOSA) officer said the defendant has stable housing and been fully compliant with probation, despite early instances of noncompliance.

Judge Rainey Brandt said she was “thoroughly impressed” with the defendant.

“I am so proud of you, you have come such a long way,” she told Hall. “Keep up the good work.”

Hall’s next hearing is scheduled for Dec. 2 to assess the defendant’s compliance.

Judge Brandt said if he remains compliant by this hearing, his probation will be terminated early.