Document: Police Arrest Suspect in Assault Case

Detectives from the Metropolitan Police Department (MPD) arrested a suspect for an assault that occurred on Aug. 7.

At approximately 5:45 a.m., the suspect approached the victim on the 1400 block of New York Avenue, NW and assaulted the victim with a cane.

The suspect fled the scene, and the victim was transported to a local hospital for non-life threatening injuries.

Police have arrested a 30-year-old man and charged him with assault with a dangerous weapon.

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Judge Does Not Release Defendant from St. Elizabeths

On Aug. 7, a DC Superior Court judge denied a defendant’s request to be released from St. Elizabeths Hospital, saying he still needs to receive mental health treatment.

Dominique Thurston is charged with second-degree burglary while armed, carrying a pistol without a license outside a home or business and unlawful possession of a firearm with a prior conviction for allegedly breaking into an unoccupied residence on Jan. 22 on the 1200 block of North Capitol Street, NW. Responding Metropolitan Police Department (MPD) officers also recovered a firearm.

Thurston, 25, was transferred from DC Jail to St. Elizabeths hospital in February. A Department of Behavioral Health (DBH) report found Thurston competent to stand trial in July. However, defense attorney Amy Phillips disagreed and had her own expert evaluate Thurston. The defense expert found Thurston incompetent to stand trial.

Judge Michael Ryan said that the Aug. 7 hearing was meant to be an opportunity to contest Thurston’s competency finding. However, Phillips said she did not know that this was the intention, and was unable to contest the competency report. Therefore, Judge Ryan decided to continue the hearing to Aug. 31.

Defendant Shows Up to Hearing as Judge Considers Bench Warrant

A defendant arrived at her hearing as a DC Superior Court judge considered issuing a bench warrant for her arrest.

Brittney Marshall, 26, is charged with unlawful entry onto public property for allegedly walking into a United States Secret Service restricted area on Feb. 11. She was put on pretrial release and ordered to stay away from the White House Complex. However, she allegedly violated the order on Feb. 18, causing her to be charged with contempt.

Marshall is also charged with attempted threats to do bodily harm for allegedly threatening a victim after becoming upset over living arrangements on Feb. 20 on the 1300 block of Alabama Avenue, SE.

A full competency examination was ordered on April 30. She was held at St. Elizabeth Hospital for treatment. Judge Michael Ryan deemed her competent to stand trial on July 27. He also ordered for her to be released from the hospital within 48 hours. She was instructed to report to the Specialized Supervision Unit (SSU) of the Pretrial Services Agency (PSA.)

Marshall was not present at the start of her Aug. 7 hearing. Judge Ryan said that a PSA representative alerted him that Marshall was never assigned a supervisor due to an error within the agency.

Another PSA representative updated Judge Ryan, saying that Marshall was connected to mental health services and has been seeing a doctor.

Marshall’s attorney, Peter Cooper, did not know where his client was and did not have contact with her. The prosecution requested a bench warrant, which Judge Ryan said he was considering issuing when Marshall arrived at the hearing.

After Marshall arrived, Judge Ryan confirmed that she had been going to her doctors appointments.

Marshall’s next court appearance is scheduled for Aug. 12.

Document: MPD Investigating Homicide in Benning Ridge

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Aug. 6.

At around 5:47 p.m., police responded to the 600 block of 46th Place, SE for the report of sounds of gunshots. When they arrived, they found Michael Brittingham, a 26-year-old resident of Northeast, DC, unconscious and suffering from gunshot wounds. Emergency Medical Services determined that the victim showed no signs of life.

A second adult male was also found on scene suffering from multiple gunshot wounds. He was taken to the hospital for life-threatening injuries.

A juvenile male also walked into the hospital with a gunshot wound, and was treated for non life-threatening injuries.

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Judge Denies Probable Cause, Releases Defendant

On Aug. 6, a DC Superior Court judge denied probable cause in a domestic violence case.

“Probable cause is an extremely low standard, but it still requires some level of proof,” said Judge Judith Pipe.

The defendant was charged with simple assault, attempted threats to do bodily harm, obstructing justice and contempt.

Defense attorney Kristin McGough described the Metropolitan Police Department (MPD) report as “laziness, not an investigation.”

The officer who wrote the report said a victim approached him, saying that her significant other pulled her hair and took her phone during a fight.

Based on the victim’s allegations, the officer said he called for back up to arrest the man of a “confirmed domestic violence case.” At this point, he had not seen or attempted to talk to the defendant.

Body Worn Camera (BWC) footage revealed that when the officer arrived, the defendant was wearing different clothes than the victim described. This, as well as the fact his demeanor was different than what the victim described, was not included in the report.

The officer also failed to include the defendant’s statement that the victim scratched him.

The police report said the officer performed a probable cause search, but BWC footage only showed the officer patting the defendant down.

The victim told the officer that she had never called the police on the defendant. However, footage revealed that when asked why the defendant had a GPS monitor on him, the defendant replied it was because of the victim. The officer made no mention of this contradiction in the report.

McGough questioned the credibility of the victim, who said she feared for her life, but left her three children with the defendant.

The prosecution argued that while “clerical errors” were made, probable cause should still be found.

Judge Pipe said she found it “seriously concerning” that the officer did not feel the need to put information that contradicts the victim’s statements in the report.

Judge Pipe released the defendant and removed him from the High Intensity Supervision Program (HISP) in his other domestic violence case.

The prosecution asked her to reconsider her decision, since a June 26 notice of noncompliance stated the defendant had 36 pretrial release violations.

The judge denied the request, arguing that the violations were minor and that it may be counter-productive to ensure that the defendant stays in the house with the victim.

“I don’t see the point of wasting court resources on enforcing arbitrary rules that are not serving a purpose to the community,” said Judge Pipe. “I am not going to make restrictions on someone’s liberty just because the government can.”

The defendant is still placed on HISP in a felony case involving assault with a dangerous weapon, assault with significant bodily injury, possession of a prohibited weapon and contempt.

Judge Pipe said the defense must go through the case’s calendar judge if they want the defendant to be taken off HISP.

She also ordered the defendant may not harass, assault, threaten or stalk (HATS) the victim. If he does, he may be charged with contempt of court.

The defendant’s next court hearing is scheduled for Sept. 17.

Judge Sentences Defendant to Year of Probation

On Aug. 6, a DC Superior Court judge sentenced a defendant to 180 days, all of which were suspended, plus one year or probation.

Eric Dease pleaded guilty to simple assault and bail violation.

As part of a plea agreement with the prosecution, his other charges for simple assault, bail violation and attempted threats to do bodily harm were dropped.

Judge John McCabe ordered Dease, 31, to pay $100 to the Victims of Violent Crimes Act fund.

As conditions of his probation, the defendant must participate in a mental health evaluation.

He was also ordered to stay away from and not Harass, Assault, Threaten or Stalk (HATS) the victim.

The victim said he incurred large medical costs from a shoulder injury that resulted from the assault. He also said the incident has made him scared to walk home, which he never experienced before in the 30 years he has lived in DC.

“I was most hurt by the fact he had so many friends that came to his rescue and I was so alone,” he said.

At around 7:20 p.m. on May 24, Dease followed the victim on the 5400 block of South Dakota Avenue, NE. The defendant got agitated that he was ignoring him and punched the victim’s lip and head., according to court documents.

Judges Schedules Hearing to Review Pretrial Detention

On Aug. 5, DC Superior Court Judge John Campbell scheduled a hearing to review the pretrial detention of a defendant.

The defendant was charged with felony contempt of court after he was arrested on June 10 for violating a stay away order he has from a residence on the 2800 block of 28th Street, SE. The defendant, 36, recieved the stay away after he was charged with first-degree sexual abuse on June 7.

Witnesses say he got into the building by damaging the door jam and then banged on an apartment door on the third floor.

Jeffrey Stein, the defense attorney, said he did not wish to schedule a preliminary hearing for his client. Instead, he requested a bond review hearing to reconsider his client’s pretrial detention in his contempt case.

Stein also asked that his client be present for the hearing.

Judge Campbell scheduled the hearing for Aug. 18.

Judge Sentences Defendant to 60 Days in Jail

On Aug. 6, a DC Superior Court judge sentenced a defendant to 255 days in jail, 195 days were suspended. The defendant must also serve one year of probation.

Alexander Day pleaded guilty to unlawful entry and destruction of property.

As part of a plea agreement with the prosecution, his contempt charges were dropped.

Judge John McCabe ordered Day, 28, to pay $150 to the Victims of Violent Crimes Act fund and $500 in restitution to a victim for damages to a door.

The door cost $1,100, but the victims did not want to impose a cost they felt was unreasonable for Day to pay.

The defendant also broke a window of the Wesley Theological Seminary President’s House, but the owner did not seek restitution for the damage.

As conditions of his probation, Day must take part in a mental health screening and recommended treatment.

Judge McCabe ordered him to stay away from his parents, their home, American University and the Wesley Theological Seminary Center.

Defense attorney Ravi Regunathan cited his client’s paranoid schizophrenia as the reason for the offenses.

The prosecution said he suffered from schizophrenic episodes since high school.

Day apologized for his actions and expressed remorse.

According to court documents, Day entered American University’s Sport Center Lounge and laid down on a couch on Jan. 1, despite being barred from the campus. He told Metropolitan Police Department (MPD) officers that he knew this, but just needed to use the restroom.

On April 24, the defendant broke a window to gain access to a building on the 3800 block of University Avenue, NW. When police arrived, Day said the residence was his property and that he had a right to live there.

Documents: Suspect Arrested for Offenses in Northwest, DC

The Metropolitan Police Department (MPD) has announced the arrest of a suspect for multiple offenses that occurred in Northwest, DC.

On July 17 at about 7:40 p.m., a suspect entered a victim’s vehicle on the 4600 block of Ashby Street, NW and fled the scene in it. That same day at around 10:00 pm, the suspect entered a victim’s vehicle on the 5100 block of Albemarle Street, NW and fled the scene in it.

On July 21 at around 2:00 a.m., the suspect entered the garage of a residence on the 4800 block of Dexter Street, NW. Once inside, he took property and fled the scene.

On July 25 at around 5:20 a.m., two suspects entered a garage on the 4800 block of U Street, NW. Once inside, they took property and fled the scene. The case remains under investigation.

On Aug. 5, members of the Capital Area Regional Fugitive Task Force arrested a 21-year-old resident of Southeast, DC. He was found to be operating a stolen vehicle and in possession of a handgun at the time of his arrest.

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Crime Alerts: August 6-7

Between 9 p.m. on Aug. 6 and 9 a.m. on Aug. 7, the Metropolitan Police Department (MPD) sent out three crime alerts.

The most recent alert was sent at 5:06 a.m. for a stabbing on the 4600 block of Benning Road, SE. Police are looking for two Black males.

An alert was sent at 5:02 a.m. for a robbery with a gun on the 4600 block of Southern Avenue, SE. Police are looking for a Black male wearing a dark-colored jacket.

The final alert was sent at 9:27 p.m. for a shooting on the 2400 block of Minnesota Avenue, SE. Police are looking for a blue SUV.

If anyone has information about these events, police ask you to call 911.

Crime Alerts: August 6

The Metropolitan Police Department sent out three crime alerts on Aug. 6.

The most recent alert was sent at 6:14 p.m. for a shooting on the 600 block of 46th Place, SE. Police are looking for a black male with a light complexion, white tee shirt with “Levis” written in red on the front and dark jeans.

At 12:49 p.m. an alert was sent out for an armed robbery on the 200 block of Division Avenue, NE. Police are looking for four black males who are 18 – 24 years of age, slim build, and wearing all black clothing. The suspects are armed with handguns.

An alert was sent at 9:55 a.m. for a robbery (force and violence) on the 4800 block of Benning Road, SE. The police are looking for two black males. The first suspect is 140 pounds, wearing a light red sweater and blue jeans. The second suspect is 150 pounds, with a dark complexion, and wearing a black sweater and blue jeans. Both suspect are 5’7″.

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

Judge Holds Five Out of 21 Defendants During Initial Hearings

On Aug. 6, DC Superior Court Judge Heide Herrmann released 16 defendants and held five during initial hearings.

Antwon Wilkins was held by the judge on a charge of armed carjacking. Wilkins’ defense attorney said he was being lumped in with others seen in video footage, but Judge Herrmann held him anyway, citing his “significant criminal history.”

Robert Clark is charged with assault with a dangerous weapon for allegedly pulling a knife on a man in a bathroom,. He was held because he has four pending cases, one of which is another assault case in DC.

Taquan Hardy was held on a charge of being a fugitive from justice, where he is wanted in Maryland for armed robbery with a gun. The defendant waived his hearing in DC for Maryland authorities to come pick him up within three business days.

Markus Kemp is charged with four cases. He is charged with two cases of being a fugitive from justice where he is wanted in Maryland for a probation violation and burglary. In his two additional cases, he is charged with first-degree burglary, second-degree burglary and unlawful possession of a firearm with a prior conviction.

Kemp’s defense attorney requested he be released into the High Intensity Supervision Program (HISP), but Judge Herrmann found him too dangerous to be released.

The final defendant that was held is charged with simple assault in a domestic violence case. Judge Herrmann held the defendant, citing that he violated a stay-away order by being near the victim in this case.

Of those released, four were not charged by the prosecution.

There were five additional domestic violence cases heard by Judge Herrmann. She released all of them with stay-away orders from the victims.

Five misdemeanor cases were heard, involving charges of possession of cocaine, simple assault, failure to register as a sex offender and assault on a police officer. All defendants were released under the supervision of the Pretrial Services Agency (PSA). One was given a stay-away order, as well.

Three felony charges involving carrying firearms were released by Judge Herrmann. Two of the defendants were given stay-away orders and one was also put on GPS monitoring.

Two defendants were charged with vehicle-related offenses, and one was released with orders not to drive in DC at all.

One defendant was brought in on a bench warrant for failing to appear for his probation hearing. He was released with a new court date.

A defendant charged with second-degree theft has been in the hospital since July 20, so his hearing has been moved again to Aug. 7.

Judge Revokes Defendant’s Probation

A DC Superior Court Judge revoked a defendant’s probation after he failed to contact his probation officer and was rearrested for possessing cocaine.

Warren Mills was convicted of threats to kidnap or injure a person and assault with a dangerous weapon in June of 2018. He was sentenced to forty-five days in jail and three years of probation. As part of his probation, he was ordered to complete a drug treatment program, receive a mental health evaluation and comply with a stay away order from the victim and their property.

Mills violated his probation on July 24 when he was re-arrested for possession of a controlled substance.

The defendant violated his probation twice before on Aug. 17, 2018, and Sept. 12, 2018. He has also been a loss of contact for over a year before the recent violation.

Judge John Campbell decided to hold Mills pending his resentencing hearing, which is scheduled for Aug. 18.

Defendant Sentenced for Gun Offense

On Aug. 6, a DC Superior Court judge sentenced a defendant for carrying a pistol without a license outside a home or business.

As part of a plea deal with the prosecution, Michael Fluellyn’s other charges of possession of an unregistered firearm, unlawful possession of ammunition, no permit and possession of an open container of alcohol were dropped.

Judge Rainey Brandt sentenced Fluellyn to six months, all of which were suspended, plus eight months of probation.

Conditions of his probation include enrollment in the Rehabilitation Service Agency Program with the help of the Court Services and Offender Supervision Agency (CSOSA). Fluellyn also has to register as a gun offender.

According to court documents, officers stopped the vehicle on the 3000 block of Martin Luther King Avenue, SE on Nov. 19, 2019. During the stop officers discovered that Fluellyn had a warrant in Maryland for driving without a license. During a quick look inside the vehicle, an officer noticed an open container of alcohol.

Fluellyn was asked to exit the vehicle.

As Fluellyn was getting out of the vehicle, transitioning to a wheelchair he dropped a gun. Officers also located a magazine clip on his person, documents state. Fluellyn did not have a license to carry a concealed weapon.

Fatal Shootings Rise During Warmer Months, Despite Stay-At-Home Order

Homicides increased during the second month of DC’s stay-at-home order that was put into place because of the COVID-19 pandemic, showing a trend that aligns with more crime during warmer months.

From Oct. 1, 2019, to June 30, D.C. Witness recorded 126 homicides. More than 85 percent, 110, of the homicides were gun-related.

Nearly half of the gun-related homicides during this period occurred in Southeast, DC. According to D.C. Witness data, 51 gun-related homicides took place in the Southeast quadrant, 34 in the Northeast quadrant, 18 in the Northwest quadrant and seven in the Southwest quadrant.

In addition to homicides, other gun-related crimes included armed robbery and assault, possession offenses for firearms and firearm accessories.

There are currently 119 cases for gun-related crimes pending in DC Superior Court.

Gun Crime during Warmer Months

The number of gun-related homicides declined at the start of 2020, but climbed during the summer months, beginning with the second month that D.C. residents were under a stay-at-home order from the coronavirus pandemic.

D.C. Witness data shows an increase from the 10 fatal shooting in April to 15 in May. There were also 15 gun-related homicides in June.

Even though fatal shootings increased from April to May and remained constant in June, there was a reduction in gun-related offenses during this period.

The graph below shows a comparison between fatal shootings in each quadrant of DC and gun-related offenses in those same quadrants from April to June.

During this period, 29 percent of the 138 gun-related crimes were homicides, according to D.C. Witness data.

Stay-At-Home Order

DC Mayor Muriel Bower enacted a stay-at-home order for residents in response to the coronavirus pandemic from April 1 to May 29.

The number of gun-related homicides during the time of the COVID-19 stay-at-home order was higher than it has been during the same period in previous years.

The number of gun-related homicides from April 1 to May 29 grew by 90 percent from 2017 to 2018, fell by 5 percent from 2018 to 2019, but grew again by 27 percent from 2019 to 2020.

While the stay-at-home order was in effect from April 1 to May 29, there were a total of 112 gun-related offenses, 23 of which were homicides. Three of the homicides seem to have been domestic violence.

Two additional homicides occurred in May after the stay-at-home order was lifted.

Fatal shootings from April 1 to May 29 accounted for 21 percent of the total number of shooting homicides between Oct. 1, 2019, and June 30.

Firearm Reduction

As part of an effort to stem gun-related crime, the Metropolitan Police Department (MPD) collected 1,412 guns from September 2019 to June 2020.

Of the four quadrants in the city from Sept. 30, 2019, to June 29, the most guns were collected in Southeast, DC. Police collected 493 guns in the Southeast quadrant, 299 guns in the Northeast quadrant, 290 guns in the Northwest quadrant and 51 guns in the Southwest quadrant. A quadrant was not listed for 279 of the guns that were collected.

While Southeast DC had the most guns collected, the quadrant also saw the highest number of gun-related homicides. Northwest and Northeast DC had similar rates of gun collection, but the western quadrant had only half as many gun-related homicides as the eastern quadrant.

One hundred and sixty-three guns were collected from Southeast DC from April – June, when half of the 40 gun-related homicides happened in the Southeast quadrant of DC.

The MPD collected 82 guns from Northwest DC during that period. The quadrant had eight gun-related homicides from April to June.

Seventy-two guns were collected in the Northeast quadrant, which had 11 gun-related homicides.

Police collected 13 guns in Southwest DC. The quadrant only had one gun-related homicide.

During April and May — when the stay-at-home order was enacted — the MPD collected 334 firearms. According to D.C. Witness data, the police collected 140 guns in April and 194 guns in May.

The number of guns collected during these two months was about 24 percent of the number of guns collected between October 2019 and June 30.

In June, the MPD collected 93 firearms.

Extreme Risk Protection Order

In addition to the recovery initiative, the DC Council also adopted the Extreme Risk Protection Order (ERPO) program.

Since January 2019, family members, domestic partners, police officers, or mental health professionals have been able to petition the D.C. Superior Court to issue an ERPO for the confiscation of guns.

According to the policy, if a judge finds a person could be a danger to themselves or the community, the MPD will temporarily remove firearms and ammunition from the individual’s possession.

The law can allow officers to confiscate weapons or ammunition without the person’s acknowledgment if ordered to do so.

The law also contains an immunity clause, stating that people in possession of guns will not be charged even if the weapon is not legally registered with the District. The clause does not protect an individual if the firearm was used in a crime.

According to an article in the Washington City Paper, the law has gone largely unused due to a lack of awareness.

In 2019, three EPRO requests were filed and in 2020, only one was filed, according to Leah Gurowitz, director of media and public relations at DC Superior Court and DC Court of Appeals.

D.C. Witness reported that, in 2019, an MPD officer asked the court to confiscate firearms from a 45-year-old resident who exhibited erratic behavior when registering a pistol at a police station. The ERPO cited two prior charges as well as a welfare incident report which indicated a “possible mental health condition,” and a suicide attempt that occurred in 2007.

A psychiatrist filed another ERPO request, asking that guns be removed from a patient’s custody. The man allegedly has “a history of borderline personality [disorder] with chronic cutting behavior.” According to the report, the man has tried to harm himself using plastic utensils and broken glass on multiple occasions.

A judge granted two ERPO requests for the man in 2019. However, no guns were confiscated because the patient “was not known to actually have any.”

Editor’s Note: D.C. Witness began collecting data on gun-related offenses since April 1.

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