Judge Issues Bench Warrants for 3 Defendants

A DC Superior Court judge issued bench warrants for three defendants who did not show up to their Aug. 11 court hearings.

Jason Washington is charged with robbery, second-degree burglary and second-degree theft.

Washington, 28, was released on GPS monitoring on April 2. He received notices of noncompliance on May 29, July 20 and July 28.

He failed to appear to court on July 30. Judge Patricia Broderick granted defense attorney Adam Hunter’s request for more time to contact his client.

However, Hunter has been unable to get in touch with Washington since then.

Washington allegedly stole $10 worth of food and water from a 7-11 on the 4400 block of Benning Road, NE on Dec. 21, 2019. He also allegedly punched the cashier who confronted him about it.

According to court documents, the defendant returned to the store on Jan. 20. An employee attempted to lock him out of the store when he was spotted in the parking lot. However, Washington allegedly threw an unknown object at the window, shattering it. He allegedly entered the store and stole an estimated $30 worth of sandwiches, sodas and juice bottles.

He also allegedly stole $20 worth of food and drink items from the same store on Feb. 24.

On Feb. 19, Richard Hart pleaded guilty to bail violation for failing to appear to his court hearing for an attempted threats case on Oct. 25, 2019.

Hart, 46, was sentenced to 90 days, all of which were suspended, plus one year of probation.

During the Aug. 11 hearing, a Court Services and Offender Supervision Agency (CSOSA) officer said that Hart has been not been compliant since his release.

On Oct. 1, 2019, Delonte Mack pleaded guilty to bail violation and GPS tampering.

He was sentenced to 120 days, 90 of which were suspended, plus nine months of probation.

On Aug. 11, a CSOSA officer said the defendant has been a loss of contact and noncompliant with GPS monitoring.

Defense attorney John Machado requested additional time to try and contact his client.

Judge Robert Okun said if Machado gets in contact with the defendant, he may voluntarily walk-in to court and address the warrant.

Judge Alters Defendant’s Release Conditions

A DC Superior Court judge took a defendant off home confinement and issued a curfew instead.

Dennis Byrd pleaded guilty to attempted assault with a dangerous weapon and carrying a pistol without a license on Jan 21. He is currently waiting to be sentenced. On March 23, because of the COVID-19 pandemic, he was released into home confinement under the High Intensity Supervision Program (HISP).

Byrd has received multiple notices of noncompliance with the terms of his pretrial release since being released. During the Aug. 7 hearing, a Pretrial Services Agency (PSA) representative said he has not contacted them since July 22.

Defense attorney Ron Resetarits said his client’s noncompliance with his home confinement is due to medical complications. According to court documents, Byrd was shot 10 times on the day of his offense. Resetarits said his client has been leaving his home in order to get food and medicine, and so he can attend his medical appointments.

Resetarits asked that his client be removed from HISP because of his extenuating medical complications, and placed instead on a curfew so he can take care of his medical matters.

However, the prosecutor said that, while Byrd cannot be stopped from seeing a doctor, his medical issues are not an excuse to lose contact with the PSA. Byrd has not been in contact with the agency for both regular or weekly calls. He also needs special permission to leave his home.

The prosecutor also pointed to the defendant’s history of substance abuse, arguing that, since the PSA is not currently performing drug tests due to the COVID-19 pandemic, there would be no mechanism to ensure Byrd’s compliance in this matter.

The prosecutor said lowering the defendant’s release conditions would be rewarding poor behavior.

Judge Gerald Fisher ultimately decided to alter Byrd’s release conditions.

“I don’t do this as a reward, I’m trying to be practical about this,” Judge Fisher said. “What happens when we’ve got complete home confinement… is we spend a lot of time trying to determine whether something is a violation or a necessity.”

Byrd is scheduled to be sentenced on Oct. 8.

Judge Fisher scheduled a further pretrial show cause hearing for Sept. 1 to determine if Byrd comes into complete compliance.

Homeless Defendant Enters Plea Agreement

On Aug. 11, a defendant pleaded guilty to simple assault and bail violation

As part of a plea agreement with the prosecution, Nicholas Clemons’ other charges of possession of a prohibited weapon, threats to do bodily harm and possession of a controlled substance were dropped.

A Pretrial Services Agency (PSA) officer said Clemons, 23, was not in compliance with his curfew and GPS monitoring. The officer also said he has been a loss of contact since July 29.

Defense attorney Edward Joseph said the violations were a result of his housing situation.

Joseph said the defendant had been living with his friend and his friend’s relative. His noncompliance began when the Covid-19 pandemic postponed his court hearings, making the relative no longer view him as a temporary guest.

Since he did not pay rent, she would not let him charge his GPS monitor and made him get cigarettes for her in the middle of the night, despite his curfew.

Clemons moved in with a different friend in Maryland and returned to compliance. However, he was evicted within a week, making him homeless.

Joseph said his client is unable to get a job because of the GPS monitor.

“Nobody wants to trust him,” he said.

Judge Robert Okun removed the defendant from the High Intensity Supervision Program (HISP) due to his lack of stable housing.

“Usually you don’t get rewarded for violating the conditions of release,” said Judge Okun.

According to court documents, on Sept. 10, 2019, Clemons swung at an employee for touching his food on the 900 block of U Street, NW. The defendant missed and began a verbal altercation with the victim. He then took out a knife and said, “I’ll punish you. I’m going to get some guys to jump you.”

Later that night, he returned to the location with a group of people and stood outside of the business.

Upon his arrest, a Metropolitan Police Department (MPD) officer found a white powdered substance in a bag that tested positive for cocaine, documents state.

The defendant also failed to appear to a court hearing on Oct. 24, 2019.

Clemons is scheduled to be sentenced on Aug. 14.

Crime Alerts: August 10-11

Between 9 p.m. on Aug. 10 and 9 a.m. on Aug. 11, the Metropolitan Police Department (MPD) sent out four crime alerts.

The most recent alert was sent at 2 a.m. for a shooting on the 2400 block of Elvans Road, SE.

Another alert for a shooting was sent at 1:33 a.m. on the 1300 block of Congress Street, SE.

Another alert for a shooting was sent at 11 p.m. on the 2300 block of Reynolds Place, SE.

Police do not have descriptions of the suspects in any of these cases.

The final alert was sent at 10:15 p.m. for a double shooting at the intersection of 9th Street and Kennedy Street, NW. Police are looking for a silver Toyota Corolla.

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

Document: 17-year-old Killed in Brightwood Park

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Aug. 10.

At around 9:34 p.m., police responded to the 5500 block of 9^th Street, NW for the report of a shooting. Upon arrival, they found Taijhon Wyatt, Jr., a 17-year-old resident of Northeast, DC, suffering from a gunshot wound. They found no signs consistent with life, and transported the victim to the Office of the Chief Medical Examiner.

Officers also found an adult male victim suffering from a gunshot wound. He was taken to a hospital for non-life threatening injuries.

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Prosecution to Provide Evidence in Murder Case

On Aug. 10, a prosecutor said he would hand over evidence in a murder case to defense attorney Ronald Resetarits.

Gary Massey, 24, is charged with second-degree murder while armed for allegedly shooting Gregory Mayo, 29, on March 29.

According to court documents, a Metropolitan Police Department (MPD) officer heard gunshots while traveling eastbound on the 500 block of Alabama Avenue, SE. He then drove to the 3000 block of 7th Street, SE, where he found a Nissan Altima and Toyota Camry involved in an accident. Mayo had been shot twice in the back.

Additional MPD officers who responded to the scene saw two people running. One of them escaped but the other, who documents identify as the defendant, was arrested. A firearm was later recovered in a bush around Massey’s flight path.

DC Superior Court Judge Juliet McKenna scheduled Massey’s next hearing for Oct. 26.

Defendant Pleads Guilty to Robbery, Judge Releases Him

On Aug. 10, a DC Superior Court judge released a defendant after he pleaded guilty to robbery.

As part of a plea agreement with the prosecution, Ibrahim Delacruz’s armed robbery charge will be dropped.

Defense attorney Linden Fry asked for his client’s release based on his long period of incarceration and minor criminal record.

The prosecution opposed the release, citing the violent nature of the offenses and the defendant’s two prior theft convictions in Virginia.

Judge Juliet McKenna released Delacruz, 21, on GPS monitoring. She based her decision on the defendant’s limited criminal history, early acceptance of responsibility and lack of violent involvement in the case.

Delacruz is scheduled to be sentenced on Oct. 16.

Judge Holds Eight Out of 49 Defendants During Initial Hearings

On Aug. 10, DC Superior Court Judge Robert Okun released 41 defendants and held eight defendants in DC Jail during their initial hearings.

Of those who were held, two defendants were involved in domestic violence cases.

One defendant, charged with simple assault for allegedly choking the victim, was held because of the seriousness of the allegations and because he has two pending cases where he is out of compliance with his pretrial release conditions.

The second domestic violence defendant is charged with attempted threats to do bodily harm and contempt of release conditions. Judge Okun held the defendant, citing a pending case and a conviction for simple assault that both involve the same complaining witness as in his new case.

Albert Smith is charged with second-degree theft and threats to do bodily harm for allegedly stealing San Pellegrino water bottles at The Capital Grille, which is located on the 600 block of Pennsylvania Avenue, NW. He then reportedly threatened to smash the bottle over the head of the victim. Judge Okun held Smith, saying his new case is not that serious, but he has six pending cases and 10 convictions.

Andrew Tillman is charged in two separate cases for second-degree theft. He was held by Judge Okun because he has two additional pending cases, is on probation on two cases, is noncompliant in all of his cases and has eight prior convictions that involve robbery and attempted robbery.

Two defendants, Malcolm Ellis and Bobby Shelly, were charged with being fugitives from justice where they are wanted in Maryland for first-degree assault and armed robbery, respectively. They waived their extradition hearings in DC court for Maryland to retrieve them from DC Jail within three business days.

John Stewart, charged with contempt for violating a stay-away order, was held. Judge Okun said he could not be released because all three of his cases involve guns, and he has violated multiple conditions of release recently.

The final defendant who is being held, Gary Cloutterbuck, is charged with unlawful possession of a firearm with a prior conviction. Judge Okun held Cloutterbuck because he was on probation for two serious assaults in Maryland at the time he allegedly committed his new offense.

Of the defendants released, 25 had no charges filed against them by the prosecution.

Two additional domestic violence cases were heard by Judge Okun, and he released both with stay-away orders.

Three defendants charged with being fugitives from justice were released with orders to turn themselves in to Maryland authorities.

Five additional misdemeanor cases were heard, and all were released with stay-away orders.

Three felony cases were released as well as a defendant charged with a DUI, driving while impaired and driving without a license.

Two defendants were brought in on bench warrants for failing to appear for their hearings, and Judge Okun released both with new court dates.

A defendant charged with second-degree theft has been in the hospital since July 20, so Judge Okun rescheduled his hearing to Aug. 11.

Defendant Enters Plea Agreement

On Aug. 10, a defendant pleaded guilty to assault with a dangerous weapon.

As part of a plea agreement with the prosecution, Cordell Simms’ other charges of carrying a pistol without a license, simple assault, contempt, destruction of property and bail violation were dropped.

At the victim’s request, Judge Juliet McKenna modified the stay away order to an order not to Harass, Assault, Threaten, or Stalk (HATS) the victim.

D.C. Witness reported that Metropolitan Police Department (MPD) officers found Simms in a stolen car with 25 rounds of ammunition.

Simms is scheduled to be sentenced on Oct. 2.

Defendant Given More Time to Comply with Pretrial Release

A DC Superior Court judge continued a hearing to monitor the defendant’s compliance with his pretrial release conditions.

Darrious Sadler is charged with unlawful possession of a firearm with a prior conviction. Metropolitan Police Department (MPD) officers arrested him on Feb. 25 after they received a report that he had a firearm in his waistband on the 400 block of Rhode Island Avenue, NE, according to court documents.

Sadler, 20, was released into the High Intensity Supervision Program (HISP) in March. Since then, he allegedly violated the conditions of his pretrial release on multiple occasions.

During a July 31 hearing, a Pretrial Services Agency (PSA) representative said the defendant was “in serious violation of his home confinement condition.” That hearing was continued to give Sadler another chance to show up to court, despite the prosecution’s request for a bench warrant.

The defendant was present for the Aug. 7 hearing.

During that hearing, the prosecution asked Judge Gerald Fisher to revoke Sadler’s HISP and hold him in DC Jail. The prosecutor said the home confinement requirement was implemented to keep the community safe, and that if the defendant is not abiding by that requirement, “the GPS requirement is not doing what it needs to do to keep the community safe.”

However, defense attorney Kevin Robertson said his client’s noncompliance is not his fault.

Robertson said the defendant had to relocate several times while on HISP, and that the person with whom he is currently staying will not allow him to be inside of their home while they are not there.

Other violations, Robertson said, are a result of the defendant’s inability to get into contact with his PSA representative in order to ask for permission to get food.

“I think it is important [for] the court to recognize that his efforts are there,” Robertson said.

Judge Fisher continued the hearing until Sept. 1. He said that if Sadler is able to come into full compliance, his release conditions might be lowered. However, if Sadler is not able to come into compliance, Judge Fisher said he may revoke his HISP.

Judge Terminates Probation

A DC Superior Court judge terminated a noncompliant defendant’s probation.

Kenneth Cunningham pleaded guilty to robbery, carrying a dangerous weapon and assault on a police officer on Oct. 3, 2017.

Cunningham, 19, was sentenced to five years of probation under the Youth Rehabilitation Act (YRA.)

As conditions of his probation, the defendant was required to comply with GPS monitoring, a curfew, anger management classes, a mental health screening and a mentoring program. He was also ordered to do community service.

During the Aug. 10 hearing, a Court Services and Offender Supervision Agency (CSOSA) officer said that Cunningham failed to comply with these terms, despite multiple court orders to do so.

“He has a blatant disregard for supervision,” the officer said.

Records from his GPS monitoring device revealed that Cunningham traveled to Maryland and Virginia and frequently broke his curfew.

Defense attorney Bryan Bookhard said his client’s violations were the result of his job at a nonprofit music video business that requires him to travel.

The officer said CSOSA would have accommodated this if they were given notice and proof he completed work.

However, Cunningham said the offer was never extended and that he was instead told to “get a real job.”

The officer also reported that the defendant did not participate in anger management classes.

Bookhard requested that Cunningham be put on home confinement for a month to prove he can comply with the conditions of his probation.
However, Judge Juliet McKenna decided to terminate the defendant’s probation because all “exhaustive efforts” to work with him failed.

Judge Gives Defendant with Multiple Curfew Violations More Time to Comply

On Aug. 10, a DC Superior Court judge gave a defendant more time to come into compliance when he appeared in court as a result of a bench warrant.

Rodrigues Key, 29, currently has seven cases open. He was most recently charged with second-degree theft and unlawful entry for allegedly stealing an energy drink from an establishment on the 2000 block of Benning Road, NE from which he was barred.

A Pretrial Services Agency (PSA) representative said Key was previously on home confinement, but his conditions were modified to just a curfew on March 10. On the same day, Key violated his curfew and was put back on home confinement.

Key allegedly violated his curfew 28 times beginning on the day he was released from home confinement leading up until July 4, at which point he failed to charge his GPS tracking device.

He had not reported to PSA in person since March 25.

Judge Michael O’Keefe issued a bench warrant for Key’s arrest. However, after he did so, Key arrived at his hearing. The defendant said he had been taking care of a relative since his release.

Defense attorney Sean Murphy said he was concerned about Key’s health issues if he is held again. He also said that most of Key’s crimes were petty crimes.

Judge O’Keefe decided to give the defendant time to come back into compliance.

Key is expected to return to court on Sept. 10 to evaluate his compliance.

Judge Revokes Defendant’s Release in Two Cases

On Aug. 10, a DC Superior Court judge revoked an assault defendant’s pretrial release in two cases.

Marco Rinaldie, 50, is charged with simple assault for allegedly punching and kicking a victim at a bus stop on June 4 on K Street, NW. At the time of his arrest, he was on pretrial release for two other simple assault cases.

Parties discussed if Rinaldie’s most recent case had probable cause. The prosecution presented a Metropolitan Police Department (MPD) officer who was involved in the case to testify to Rinaldie’s identification.

Defense attorney Brandi Harden argued that the witness had no firsthand information of the incident and that the complainant could have struck first.

Judge Ronna Beck determined that the case had probable cause.

Counsel also debated Rinaldie’s release in the two cases he picked up prior to the June 4 incident. The prosecution asked Judge Beck to hold Rinaldie due to his criminal history.

However, Harden requested her client’s release.

Judge Beck revoked Rinaldie’s release in his two previous assault cases, saying that he has three assault convictions that date back to the early 2000’s. She set a $100 cash bond for his recent case.

Rinaldie will return to court on Oct. 14 to discuss the status of his case.

Judge Sentences Defendant to One Year of Probation

A DC Superior Court judge sentenced a defendant to 165 days, all of which were suspended, plus one year of probation.

Marvin Davis pleaded guilty to contempt, unlawful entry and indecent acts during the Aug. 10 hearing.

As part of a plea agreement with the prosecution, his other charges of contempt, unlawful entry on public property and panhandling were dropped.

Judge Juliet McKenna ordered Davis, 24, to pay $400 to the Victims of Violent Crimes Act fund. He is also to be supervised by a Court Services and Offender Supervision Agency (CSOSA) mental health unit while on probation.

Defense attorney Drew Flood said his client’s actions were the direct result of his schizophrenia. Flood said mental health treatment will help the defendant, not jail.

He requested one year of probation.

The prosecutor requested 18 months of probation, citing his extensive criminal history.

All of the defendant’s offenses occurred at Union Station, from which he has been barred since Oct. 3, 2019.

Davis inappropriately touched a woman on Jan. 12. He received a stay away order, but returned on Jan. 15, 19 and 28.

He returned again on July 9 and committed indecent acts, according to court documents.

Judge Continues Preliminary Hearing

A DC Superior Court judge continued a preliminary hearing from Aug. 7 to Aug. 25

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

Defense attorney Sylvia Smith asked that the hearing be continued so her client may have additional time to consider the prosecution’s plea offer.

The prosecution said the 36-year-old defendant must respond to the offer by Aug. 13.

Smith also asked that the prosecution hand over all evidence in the case. She said it was “problematic” that the prosecution has not provided the defense with the victim’s name or an interview with the victim and the detective.

The prosecutor said she offered to make the interviews and Body Worn Camera (BWC) available, but the defense attorney denied any compromise with the evidence. The prosecutor said this has never happened to them before.

Judge Danya Dayson said both parties are operating within their rights. However, she said, “I think there’s probably a better way to go about the whole thing.”

On May 29, the defendant allegedly approached a woman, grabbed her buttocks, and said, “you got a fat a**, wanna go into the alley and f***.” When she refused, he allegedly punched her in the face, according to court documents.

The defendant followed the victim, who began to walk away. He then allegedly exposed himself, grabbed her, pushed her to the floor and dragged her behind a parked car on the 4600 block of B Street, SE.

He allegedly yelled “shut up” when she was screaming for help. The defendant fled the scene when a witness told the defendant to leave the victim alone.

Metropolitan Police Department (MPD) officers were able to apprehend the defendant, who allegedly tried to run away and jump a fence.

The defendant is scheduled to return to court on Aug. 17 to discuss his release status. If the defendant does not enter a guilty plea, the hearing will be vacated.

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