Defendant’s Best Friend Says 18 Marshals Arrested Him to Ensure His Testimony

A homicide defendant and victim’s close friend testified before a jury on Sept. 25, in DC Superior Court Judge Michael Ryan’s courtroom.

Jerrell Smith, 32, is charged with aggravated assault knowingly while armed for the alleged non-fatal stabbing of a victim on June 2, 2023. Court documents are not clear on where the incident occurred but police responded at the United Medical Center on the 1300 block of Southern Ave, SE.

On Sept. 24, a charge of assault with intent to kill while armed was dropped.

In the jury trial, prosecutors called on a witness who identified Smith as a close friend of more than 20 years. The man, who claimed to have been driving the vehicle–in effect the crime scene–highlighted that Smith and the other two passengers that were in the vehicle were like his brothers.

The man explained that the group was on route to a birthday party in Upper Marlboro, MD, when the victim, who sat in the backseat next to Smith, leaned over and said he needed to go to the hospital. The witness said he did not see what exactly occurred in the backseat because he was driving while playing loud music.

However, the witness paid attention to the victim, who appeared to have bled from the neck.

After driving the victim to United Medical Center Hospital at the 1300 block of Southern Avenue, SE, the witness said he was approached by Metropolitan Police Department (MPD) officers who asked for details about the incident.

In a body camera footage shown in court, the witness identified Smith as the individual who he claimed “sliced my brother’s throat.”

The witness claimed that MPD officers told him he needed to sign a consent form allowing them to search his vehicle, otherwise they would impound his car. The witness consented to the search.

The witness said that he was not brought in for questioning until Sept. 24. He emphasized in his testimony, “I did not want to be here today. I did because I got locked up to be here. I did not want to relive the same story. 18 [US Marshals], 6 a. m., put me in a car, drove me to court, and made me sit in a cell all day.”

Prosecutors called on a Metropolitan Police Department (MPD) detective who was an officer when she was dispatched to UMC on the night of the incident.

The detective recalled seeing a blood trail from the entrance of the emergency room that followed to the victim’s room.

The detective stated a security officer who worked at UMC had given her details about the vehicle in which the victim was a passenger, and offered to take her to the vehicle, which was parked towards the end of the parking lot.

The vehicle, which was registered to Smith’s close friend–the witness–had an open trunk and rear passenger door.

After seeing the vehicle, the officer testified she approached Smith’s close friend for an interview. The detective said she did ask for the man’s consent to search his vehicle, but she did not tell him that he needed to sign a consent form.

Upon searching the vehicle, the detective said she saw blood stains on the back passenger seats.

According to the detective, Smith was not present at any time during her investigation at the hospital.

The trial is slated to resume on Sept. 29.

‘How is Taking Responsibility Faking Mental Illness?’ Judge Asks Shooter at Sentencing

DC Superior Court Judge Michael O’Keefe accused a non-fatal shooting defendant of faking mental illness to manipulate the court process during a sentencing on Sept. 26.

Anthrone Cabos, 28, pleaded guilty on Dec. 9, 2024 to aggravated assault and unlawful possession of a firearm with a prior conviction for his involvement in a non-fatal shooting on June 28, 2020 on the 600 block of Condon Terrace, SE. Cabos fired one shot into the victim’s stomach.

As part of the plea deal, parties agreed upon a sentence of four years of imprisonment with three years of supervised release. At sentencing, Judge O’Keefe expressed hesitation with the agreement but allowed parties to present arguments.

The prosecutor requested Cabos serve four years for the assault charge and one year for the possession charge, to run concurrently followed by three years of supervised release. “This is a case that was riddled with evidentiary hurdles” that required lengthy litigation, said the prosecutor, and elaborated that the case was circumstantial and grew weaker over time.

Judge O’Keefe questioned the victim’s opinion about the terms of the plea agreement. The prosecutor said before the plea was offered to Cabos, she spoke with the victim and weighed the pros and cons of proceeding to trial. After extensive deliberation, the prosecution extended the plea because there was a possibility of acquittal and the victim would have had to relive the incident if they proceeded to trial.

According to the prosecutor, the victim did not want to attend the sentencing or provide a statement because she wanted to put the incident behind her. “[The victim’s] physical injuries have healed to some extent [but] the emotional scars will be ones she carries with her forever,” said the prosecutor.

Kevin O’Sullivan, Cabos’attorney, asked the judge honor the plea agreement and sentence Cabos under the Youth Rehabilitation Act (YRA), which allows people under 25 who are convicted of certain crimes to have their convictions sealed or cleared after they successfully complete their sentence and potentially offers sentencing flexibility for the defendant.

O’Sullivan noted Cabos’ early life was “marked by extreme neglect, abuse, and mistreatment.” According to O’Sullivan, Cabos grew up without a father figure and “there’s a documented history of physical abuse at the hands of his mother” that led to his placement in foster care. In foster care, Cabos “was preyed on by the adults who were supposed to be caring for him,” said O’Sullivan.

While incarcerated, O’Sullivan asserted Cabos made steps to address the abuse and “his decision to accept responsibility” was indicative of his growth. He added that Cabos planned to obtain his GED with the ultimate goal of pursuing higher education and succeed in the community.

“How is taking responsibility faking mental illness,” questioned Judge O’Keefe? He continued, “I don’t know why [Cabos] gets any credit for taking responsibility…he’s manipulating the court process. My own belief is that he wanted to stay in DC Jail and did not want to be sent out to the feds.” Convicted DC inmates are sent to the Federal Bureau of Prisons (BOP) to serve their sentences.

According to Judge O’Keefe, the Department of Behavioral Health (DBH) ultimately concluded Cabos malingered during his mental evaluations. Court records indicate Cabos refused to comply with mental observations twice before DBH deemed him competent on Aug. 27.

Cabos admitted he did not want to be sent to the BOP, but argued remaining in the DC Jail did not change the amount of time he served, and it was easier to communicate with his family. “We could have found another way to prolong it, the mental health had nothing to do with it,” said Cabos.

“I was very aggressive, very selfish…I’ve done some things wrong. As a man, I’ve grown tremendously since my incarceration,” said Cabos. “One thing I’ve learned in this incarceration in comparison to my many other incarcerations: It starts here. It’s about moving forward. I’m accepting full responsibility.”

“I’m glad you spoke up because you confirmed you were in fact manipulating the court by pretending that you were mentally ill for your own purposes,” said Judge O’Keefe. “Based on the stuff you’ve been doing, I wouldn’t have thought twice about giving you 20 years. Four years is ridiculous,” said the judge.

Judge O’Keefe noted that while on release for this case, Cabos was arrested for a separate non-fatal shooting and illegal possession of firearms. Despite his frustration, Judge O’Keefe noted the value in resolving the case and lack of objection from the victim.

“I’ll accept the [sentence], reluctantly; I was prepared not to accept it,” said the judge. Judge O’Keefe denied the request to implement the YRA and sentenced Cabos to four years of imprisonment for aggravated assault and two years for unlawful possession, concurrent with each other and followed by three years of supervised release.

During Cabos’ supervised release he will be required to register as a gun offender in DC, complete a mental health evaluation, substance abuse treatment, participate in life skills and violence reduction programs, and stay-away from the victim and incident location.

No further dates were set.

Mass Shooting Defendant Won’t Withdraw Guilty Plea, Sentenced to 3 Years

A defendant in a non-fatal shooting incident alerted DC Superior Court Judge Danya Dayson that he no longer wants to withdraw his guilty plea on Sept. 26, and was sentenced to three years of imprisonment.

On Jan. 22, Jaylaun Brown, 23, pleaded guilty to assault with significant bodily injury and unlawful possession of a firearm with a prior conviction for his involvement in a mass shooting that injured seven people on the 1400 block of 9th Street, NW, on Jan. 21, 2023.

Brown had previously stated he wanted to withdraw his guilty plea, but defense attorney Destiny Fullwood-Singh alerted the court that is no longer his intention and agrees to continue with sentencing.

Judge Dayson imposed a sentence of two years for the assault charge, and a consecutive year for the possession of a firearm charge, totaling three years of imprisonment, with five years of supervised release.

The judge also denied Brown’s request to be sentenced under the Youth Rehabilitation Act (YRA), which would allow his conviction to be sealed if he successfully completed all sentencing requirements. According to Judge Dayson, Brown had previously been sentenced under the YRA for an unrelated matter but failed to comply.

No further dates were set.

Jury Selection in Shooting Defendant’s Trial Delayed Due to Late Evidence

DC Superior Court Judge Danya Dayson granted defense attorneys in a shooting case more time to decide how the prosecution’s late filing will affect their trial strategy on Sept. 30.

Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of assault with a dangerous weapon, five counts of possession of an unregistered firearm, four counts of possession of a firearm during a crime of violence, destruction of property worth $1,000 or more, and carrying a pistol without a license outside a home or business for his alleged involvement in a non-fatal shooting that occurred on the 2200 block of 13th Street, NE on June 3.

The case was slated for jury selections and openings on Sept. 30. However, the prosecution introduced new evidence including a gun box, magazine, and ammunition that was allegedly found in the trunk of Ocran’s Tesla on the day of the shooting hours before the hearing.

It is unclear whether these findings are connected to the 9-millimeter firearm that was used in the shooting.

According to the prosecution, there is a transcript of the victim saying Ocran threatened to get his gun and proceeded to his trunk where the gun box, magazine, and ammunition were stored.

Defense attorneys Elizabeth Paige White and Kevann Gardner expressed concern, explaining that the prosecution did not inform them that they were planning to use this evidence, and how this ultimately impacts the defense’s theory.

Judge Dayson asked the prosecution why this evidence was not shared with the defense earlier.

The prosecution responded, saying the defense was aware of the transcripts from the victim’s testimonies. However, Judge Dayson reiterated that “there is a reason we ask for notice regardless of what is on record.”

Parties are slated to reconvene and discuss these issues on Oct. 1.

Judge Rejects Tougher Restrictions for Carjacking Defendant

DC Superior Court Judith Pipe denied a prosecutor’s request for stricter supervision of a released carjacking defendant on Sept. 30.

Shaquille Pittman, 30, and Regina Christmas are charged with assault with a dangerous weapon, armed carjacking, robbery while armed, three counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, unlawful possession of a firearm with a prior conviction, and unlawful possession of ammunition. These charges stem from their alleged involvement in an incident on the 4300 block of Polk Street, NE on July 18, 2020.

Pittman has been on release since 2021 and during the hearing the prosecution asked Judge Pipe to place Pittman under more restricted supervision. The requested change is because the prosecution believes the severity of the crime and charges warrant the upgrade. The conditions of his current release include reporting to the Pretrial Services Agency (PSA) via phone once per week. He is also not allowed to have firearms or bullets in his possession.

Pittman’s attorney Daniel Kolver disagreed with the prosecution, arguing Pittman has been compliant with his release conditions and consequently no threat. Judge Pipe sided with the defense, effectively denying the prosecution’s request under the belief that stricter supervision was unnecessary.

The parties are slated to reconvene on Nov. 7.

Shooting Defendant Acquitted on 10 of 12 Charges

A jury returned a verdict in the case of a man charged with shooting his cousin before DC Superior Court Judge Carmen McLean on Sept. 24.

Larry Carr, 21, was charged with two counts of assault with a dangerous weapon, assault with intent to kill while armed, aggravated assault knowingly while armed, five counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, and carrying a pistol without a license outside a home/business for allegedly shooting his cousin during a domestic argument. The non-fatal shooting occurred at the 100 block of Ridge Road, SE, on Oct. 22, 2023.

Following less than a day of deliberations, the jury returned a verdict, which found Carr only guilty of possession of an unregistered firearm and carrying a pistol without a license outside a home/business. He was acquitted of all other charges.

During jury trial, the prosecution argued that Carr wanted revenge on his cousin for exposing himself on FaceTime with the defendant’s minor sister. However, the defense argued that Carr’s cousin allegedly initiated the altercation with Carr on the day of the shooting.

Parties are slated to reconvene Dec. 12 for sentencing.

Defense Fails to Suppress Car Charger Jail Calls

An attorney’s argument that excerpts from a shooting defendant’s recorded jail call should not be submitted as evidence fell flat before DC Superior Court Justice Danya Dayson on Oct 1.

Ato Ocran, 46, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts assault with a dangerous weapon, four counts possession of a firearm during a crime of violence, five counts possession of an unregistered firearm, destruction of property of $1000 or more, and carrying a pistol without a license outside the home. The charges stem from his alleged involvement in a shooting on the 2200 block of 13^th Street, NE, on June 3.

Parties met to discuss several pretrial motions the day before jury selection. Among the requests was an effort by defense attorneys Elizabeth Paige-White and Kevann Gardner to suppress excerpts from recorded jail calls between Ocran, his brother and girlfriend. In the recordings, they allegedly mentioned the shooting and an earlier altercation over a disconnected electric car charger at a Giant grocery store, which prosecutors allege precipitated the shooting.

Prosecutors also moved to introduce excerpts from an Ocran jail call asking his brother to change his Hotmail password and access videos stored on Ocran’s Tesla.

Prosecutors claimed that the conversation pointed to Ocran’s consciousness of guilt while White and Gardner argued that changing his email password was a sensible thing for anyone in his situation to do to protect sensitive information, financial and otherwise, during an investigation.

White added that Ocran’s brother had asked about accessing the email account and Tesla videos at her behest.

“Part of what I asked for was access to the email to get into the [Tesla] account to access the password,” White said.

Prosecutors said that if White wanted to testify before the jury about the matter, that she would have to recuse herself from the trial.

Judge Dayson ruled to admit the evidence and said that a jury would have to determine for themselves whether the conversation indicated consciousness of guilt or not, adding that the moment Ocran shared information with his brother the conversation was no longer protected under attorney client privilege. She also said that White should have gone through her investigator so that the court could call a fact witness to testify about the circumstances of the conversation.

Parties also discussed whether to admit photographs of a soft gun case and a Smith and Wesson owner’s manual found in Ocran’s home as evidence. Prosecutors informed the court that the physical items could not be located in evidence and moved to submit photographs of the objects instead. Judge Dayson precluded the pictures of the gun case from being entered but allowed the prosecution to enter photographs of the gun manual over objections from the defense.

“You can cross-[examine] on all the things you just raised,” Dayson told Gardner after overruling his objections.

Judge Dayson also said she needed more time to consider Gardner’s arguments about impeaching some of the prosecution’s witnesses over their past convictions, though she delivered an instruction on Gardner’s request that his client be referred to by his name and not simply as “the defendant” throughout the trial.

“I’m going to ask that to the extent that the use of the word ‘defendant’ is relevant or necessary, I’m going to ask that you limit it to that use,” Dayson instructed the court.

“That’s progress, Judge,” Gardner said.

Parties are slated to reconvene Oct. 2 for jury selection and opening statements.

Government Shutdown May Delay Homicide Trial For Want of Jurors

DC Superior Court Judge Rainey Brandt spoke with parties in a homicide trial about the impact of a potential federal government shutdown on the ongoing trial on Sept. 30.

Reginald Steele, 26, is charged with first-degree murder while armed, conspiracy, 10 counts of assault with intent to kill while armed, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, two counts of tampering with physical evidence, and five counts of possession of an unregistered firearm.

These charges stem from Steele’s alleged involvement in four separate shootings, including the murder of 13-year-old Malachi Lukes and injury of another juvenile on March 1, 2020 on the 600 block of S Street, NW. Steele is accused of a separate shooting the same day on the unit block of Channing Street, NE. There were no reported injuries.

The other incidents include a non-fatal shooting that injured two individuals on Feb. 22, 2020 on the 700 block of Farragut Street, NW, and a non-fatal shooting that injured three on Feb. 24, 2020 on the 1700 block of 9th Street, NW.

Steele’s trial that began a month ago, was slated to continue this week, but questions arose about the possible impact of a federal government shutdown on the trial after parties received a preemptive note from a juror. The missive informed the court that in the event of a government shutdown the juror may be involved in shutdown procedures for an affected agency.

A prosecutor said the shutdown procedures may take three-to-four hours, but it’s unclear how much of an impact it would have on the trial.

After polling the jury, the court determined that 11 among 18 jurors are federal employees in some capacity. Even though only one juror submitted a note anticipating the government shutdown’s impact on jury attendance, Judge Brandt felt as though there likely will be more personnel disruptions if legislators aren’t able to come to a last minute budget deal.

Commenting on the ambiguous situation, Judge Brandt questioned what Congress will do.

Parties are set to resume the trial on Oct. 1, but anticipate delays.

Bus Stop Mass Shooting Defendant Found Guilty

A jury convicted a mass shooting defendant of eight charges before DC Superior Court Judge Danya Dayson on Sept. 26.

Ronell Offutt, 36, was charged with five counts of assault with the intent to kill while armed, and five counts of possession of a firearm during a crime of violence for his involvement in a mass shooting that wounded five people, including a five-year-old, at a Metro bus stop the 2300 block of Pennsylvania Avenue, SE, on Feb. 4, 2019.

Of the ten charges, the jury returned a guilty verdict for eight. Offutt was acquitted of one count of assault with the intent to kill while armed and possession of a firearm during a crime of violence.

Parties are slated to reconvene on Dec. 12 for sentencing.

Alicia Gaines

Probable Cause Found in Stabbing Between Partners

DC Superior Court Judge Eric Glover found probable cause for charges against a stabbing and domestic violence defendant on Sept. 26, and denied her release.

Michelle Bowman, 35, is charged with assault with a dangerous weapon for her alleged involvement in a non-fatal stabbing of her partner on Sept. 24 on I-295 southbound lanes, near exit four.

During the hearing, the prosecution called to the stand an officer from the Metropolitan Police Department (MPD) who responded to the scene of the crime on Sept. 24. The officer testified the victim was found lying on the ground in a pool of blood, in and out of consciousness. The victim, who is still hospitalized, identified Bowman as the suspect by her full name and birthdate, claiming she was the individual responsible.

The officer also traveled to George Washington University Hospital with the victim and stated the victim was treated for two four-tosix inch cuts, on both her left and right arm. One cut was down to the bone. When interviewed by a detective, the victim relayed she had picked Bowman up from her Maryland home and they instantly began arguing. Bowman requested the victim pull over and allegedly proceeded to throw various items from the car onto the road, including the glasses the victim’s was wearing.

According to the officer, the victim alleged Bowman slashed the back two tires with a knife the victim kept in car. Bowman allegedly swung at the victim with the knife,stabbing her.

When the officer returned to the station to begin filing a report, Bowman was there to allegedly turn herself in and talked to a detective. During the investigation Bowman said the stabbing was unintentional, stating she was merely “swinging” the knife.

Defense attorney Joseph McCoy argued Bowman was acting in self-defense. Bowman claims that she had attempted to de-escalate the conflict before the stabbing occurred by trying to get out of the car, but was blocked by the victim.

The prosecution argued Bowman seriously endangered the victim knowingly. The judge then ruled there was probable cause for the charges, arguing the harm inflicted meets the “pretty low standards of probable cause”.

McCoy argued for her release due to her caregiving responsibilities,maintaining her business and limited criminal history. In opposition, the prosecution emphasized the need for continued detention due to the severity of the injury sustained by the victim, Bowman’s history of domestic violence, and her risk to public safety.

The judge sided with the prosecution, citing the severity of the offense and evidence suggesting Bowman’s violent behavior is “escalating” and “concerning.”

The parties are slated to reconvene on Oct. 17.

Sage Arpaia

Defense Says Prosecution Didn’t Preserve Evidence in Stabbing Case

Controversy about a police search of a car that was a crime scene was argued during a motions hearing before DC Superior Court Judge Michael Ryan on Sept. 23.

Jerrell Smith, 33, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, and carrying a dangerous weapon outside the home for his alleged involvement in a non-fatal stabbing that took place on June 2, 2023. Court documents are not clear on where the incident occurred but police responded at the United Medical Center on the 1300 block of Southern Ave SE.

The defense, led by Hannah Claudio, raised a failure to preserve motion and stated that the car where the stabbing occurred was not properly processed by the responding officers or crime scene analysts, which could have yielded evidence beneficial to their case.

Prosecutors argued that, even though DNA evidence was not taken from the crime scene, two witnesses were able to place a person identified as Smith in the vehicle at the time of the incident.

The detective stated that he was given verbal consent to search the vehicle by its owner, but that the owner was anxious to go home and did not want the car taken away. Because of this, a cursory search was done which involved photographing the contents of the vehicle but not swabbing for prints or DNA.

Cross examination of the witness revealed conflicting information about the nature of the assault. The two witnesses in the car told the Metropolitan Police Department( MPD) that the assault had taken place in the vehicle and that they had driven the victim to the hospital, where police responded to the call. The victim, however, had told the officer that he was stabbed outside a Metro station and walked to the hospital.

Judge Ryan stated that he will need time to decide whether the case should be dismissed over this failure to preserve motion and said he would like to see how the evidence develops first.

Parties are set to reconvene on Sept. 24

Judge Says He’s ‘Stunned’ at Prosecution’s Handling of Serious Cases

DC Superior Court Judge Neal Kravitz was sympathetic to some arguments from defense attorney Kevin O’Sullivan about the validity of evidence gathered against a shooting defendant on Sept. 29. However, the judge also had some harsh words for the prosecution.

Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy while armed, two counts of assault with intent to kill while armed, aggravated assault knowingly while armed, unlawful possession of a firearm, carrying a pistol without a license outside a home or business, assault with significant bodily injury while armed, three counts of possession of a firearm during a crime of violence while armed.

Lubin is also charged with possession of a prohibited weapon. These charges are in connection to their alleged involvement in a non-fatal shooting that injured two individuals on the 4600 block of Benning Road, SE, on July 24, 2023.

On Aug. 12, Judge Kravitz ruled that Young and Lubin would be granted separate trials, after Young’s defense attorney requested severance from Lubin.

During the Sept. 29 hearing, parties addressed several motions concerning the admissibility of key evidence, related to physical and digital evidence obtained by detectives during the investigation in 2023.

Defense attorney Kevin O’Sullivan first argued for the suppression of GPS data from Lubin’s car, which was originally obtained in a search without a warrant in July of 2023. O’Sullivan said the prosecution did not obtain a relevant search warrant until two years later, granted by DC Superior Court Judge Dayna Dayson on Aug. 7, 2025.

Judge Kravitz found that the detective who led the investigation understood the importance of the GPS data in connection to the shooting, and would have sought a valid search warrant regardless. He said the evidence that was obtained without a warrant did not lead to any new information or investigative breakthroughs.

Judge Kravitz therefore ruled that the evidence that was originally obtained from an unlawful search to be admitted in court if it was later obtained in a separate, lawful process.

With that, the defense’s motion to suppress the GPS data from Lubin’s car was denied.

The defense also highlighted concerns with the physical evidence taken from Lubin’s car, a red Hyundai, and filed a motion to suppress this evidence as well. When the court asked the defense about this filing, O’Sullivan stated that he was prepared to rest on the argument.

The defense had previously argued that the detective had not received consent from the car dealership where the red Hyundai was registered.

The prosecution then presented an email chain to Judge Kravitz from the general manager of the dealership and the detective. In the email chain, the manager of the dealership explicitly stated his consent for the detective to search the vehicle, and confirmed the Vehicle Identification Number (VIN) of the red Hyundai.

Judge Kravitz ruled that it was undeniable that the detective had received consent, and denied the defense’s motion to suppress the physical evidence from Lubin’s car.

The prosecution also argued that a teal shirt had been recovered from the car during the search, which allegedly matched the description of the shirt that the shooter was seen wearing on CCTV footage from before the shooting.

Additionally, the defense had also filed a motion to suppress the physical evidence that had been found during the search of Lubin’s home. This motion also requested for a Frank’s hearing to be held, where the validity of a search warrant by arguing that it contained false statements or statements made with reckless disregard for the truth would be challenged.

O’Sullivan claimed that the warrant affidavit did contain false and inaccurate statements, which included the claim that Lubin’s car remained at his residence the night of the shooting, and the fact that Lubin’s car was parked on the same block of the shooting when the shooting occurred.

The defense also argued that the detective was acting on a gut feeling when drafting the affidavit, and did not have enough information to properly identify Lubin as the shooter.

O’Sullivan showed a PowerPoint presentation to the court that explained the lack of concrete evidence the detective had while drafting the affidavit, as well as at the time of Lubin’s arrest. The PowerPoint referenced the detective’s prior testimony, and also featured videos of Lubin and the detective in the interrogation room prior to Lubin being taken into custody in 2023.

“It is the detective’s instinct to say something to nullify any constitutional objection when confronted with something he did that was an error,” O’Sullivan said.

The defense also argued that the detective was matching broad descriptions of the shooting suspect’s clothing, such as ripped jeans, a teal shirt, a teal hat, and gray sneakers that were not distinct enough to identify a suspect.

The court agreed that the phrasing in certain parts of the affidavit were misleading, specifically when describing “suspect 2” and “the shooter” as the same person.

However, Judge Kravitz argued that the visible and distinct white markings made the identifying evidence strong, given the distinct white marks on the shooter’s jeans, as well as a similar build, shoes, and belt, in addition to the fact that the individual was with the same person before and after the shooting.

Judge Kravitz excised these statements from the affidavit, but still found probable cause nonetheless. He then ruled to deny the motion to suppress the physical evidence from Lubin’s home, as well as a Frank’s hearing.

Tension heightened over the prosecution’s proposed expert witness, a special agent that is part of the FBI Cellular Analysis Survey Team (CAST), to testify about cell-site data from Lubin’s phone the night of the shooting.

The defense claimed that the prosecution failed to comply with Rule 16 requirements, which require the government to disclose certain information to the defendant upon request, in order to ensure fairness between both parties.

The rule 16 obligates the prosecution to provide a disclosure with the expert witnesses’ prior publications, qualifications, prior testimony, and signature. The defense stated that they had only been given the expert’s CV, and received a notice that did not contain the expert’s signature.

Judge Kravitz similarly expressed concern with the missing expert background information, but gave the prosecution additional time to reach out to their witness to clarify what information was missing.

“My expectation here is that there would not be a Rule 16 violation,” Judge Kravitz said. “I repeatedly find myself stunned at the way things are in the matter of prosecutors handling serious cases like this.”

The defense also addressed requests for messages between witnesses and victim advocates, as well as records related to a witness’ prior arrest. The defense argued that this could constitute Brady material, which refers to any evidence in possession of the prosecution that is favorable to the defense and could affect the outcome of trial.

According to O’Sullivan, if the witness was arrested and recorded on bodycam footage disclosing their involvement as a government witness, it could cast doubt on the witness’s credibility, which also constitutes Brady material.

The prosecution agreed to review and respond.

Parties are slated to convene Sept. 30.

——————————————————————————————————–Luci Garza

Judge Removes Stabbing Defendant’s GPS Tracker

DC Superior Court Judge Robert Salerno granted a defense motion for a stabbing suspect to be taken off GPS monitoring on Sept. 23.

Roshawn Petway, 40, was charged with assault with a dangerous weapon and aggravated assault knowingly while armed for allegedly stabbing a woman on 3300 block of 10th Place, SE on April 22.

Defense counsel Lisbeth Sapirstein asked Judge Salerno to “step her[Petway] down” since Petway hadn’t violated any conditions of her stay away order and the indictment deadline isn’t until February 2026.

The prosecution argued that due to two alleged violations where the victim claimed Petway came to the property without a police escort and the serious pending charges, they’re against taking her off the monitor.

However, the Pretrial Services Agency (PSA) found no violations of the stay away order.

Judge Salerno granted the defense’s motion to be taken off of GPS, however, the rest of the stay away order would remain.

The parties are slated to reconvene Feb. 3.

Counsel Argue Over Who Threatened Who

During opening arguments Sept. 29, counsel disputed whether the shootings between a defendant and victim occurred over a woman.

Nigel Pulliam, 32, is charged with two counts of assault with intent to kill while armed, assault with intent to commit robbery while armed, four counts of possession of a firearm during a crime of violence, two counts of unlawful possession of a firearm, two counts of possession of an unregistered firearm, two counts of carrying a dangerous weapon outside of a home or business, and two counts of unlawful possession of ammunition.

The charges are in connection to two cases. In one case, Pulliam is alleged to be involved in a non-fatal shooting on Aug. 29, 2022, on the 2000 block of Benning Road, NE. Pulliam is also alleged to have been involved in a non-fatal shooting on May 29, 2022.

The prosecution asserted that the shootings occurred over a woman Pulliam allegedly had a romantic relationship with. According to the prosecution, the woman began developing a relationship with the victim at the same time.

The prosecution said Pulliam tried to kill the victim twice, first in May and again in August.

In May, according to the prosecution, was during a meeting was held at a house owned by someone both the defendant and victim knew as a motherly figure. Pulliam allegedly became enraged, flashed a gun, and ordered the victim to get out of the house.

Prosecutors said the victim tried to escape in a car, but Pulliam followed him and shot into his car, injuring the victim’s left wrist.

Footage of another shooting in Aug. 29 depicted an individual, believed to be Pulliam, exiting a store and firing at a vehicle. The victim was not injured in this incident.

During the opening argument, the prosecutor said their case would show that shell casings left at the scene of the crime were consistent with a firearm that was recovered.

The prosecution argued the defendant made several threats toward the victim, which were recorded either by voice calls, text messages, or video footage.

Pulliam’s defense attorney, Sara Kopecki, argued that the incidents did not occur over a woman, but over drug dealing.

Kopecki also said Pulliam is not guilty of trying to kill the victim, explaining that Pulliam was threatened by the victim.

The victim is a drug dealer who was trying to expand their turf, Kopecki said. She also insisted that the victim was working with the cops to set Pulliam up.

The defense urged the jury to look at the surveillance footage closely, noting that Pulliam did not immediately follow the victim out of the store and did not directly fire at the car.

Kopecki stated that the footage represents an attempt to send a strong message like, “enough”.

Following the jury’s dismissal, the prosecution stated that they did not agree with the assertion that the victim was a drug dealer.

Counsel also argued over the admissibility of drugs found near the defendant when he was stopped by police.

The defense said the drugs were not attributable to Pulliam, while the prosecution said they were. A ruling about the admission of the drugs as evidence was not made.

Parties are slated to reconvene on Sept. 30 before DC Superior Court Judge Todd Edelman.

Stabbing Defendant Wants Mental Health Plan

DC Superior Court Andrea Hertzfeld ordered Saint Elizabeths Hospital to provide a psychiatric treatment plan for a stabbing defendant hoping to win release during a hearing on Sept. 23.

Devyn Cyphers, 27, is charged with assault with a dangerous weapon for her alleged involvement in the stabbing of her best friend at the 300 block of Maryland Avenue, NE, on July 31.

According to court documents, the incident stemmed from a verbal disagreement between the two and Cyphers allegedly stabbed her in the neck.

During the mental observation hearing, Cyphers’s attorney, Peter Odom revealed that Cyphers was too paranoid to see him when she was first charged. However, he says, Cyphers has since received responded to treatment at Saint Elizabeths Hospital.

Odom subsequently requested Cyphers be released to her parents, who live in Texas. Odom argued Cyphers lost her house and her job in the District, and if she’s sent back to the DC Jail she would relapse for lack of mental health treatment.

However, the prosecutor countered there was no solid release plan for Cyphers and that she was completely mentally stable lacking a specific diagnosis. Thus, in the prosecutor’s view, Cyphers release factors posed potential danger to the community.

Cyphers’ mother proposed a treatment facility near their home in Texas which the prosecution said was insufficient.

Odom proposed to go back to Saint Elizabeths Hospital for a discharge and treatment plan in Texas. However, the prosecution responded, stating that “to be clear, a discharge plan of recommendation is not a plan.”

Judge Hertzfeld determined that she would need to see hospital records before making a decision on the release.

After a short recess, Judge Hertzfeld the hearing be resumed on Sept. 25.

Parties are slated to reconvene on Sept. 25.

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