Judge Finds Probable Cause in Sex Abuse Case From 2006

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

The defendant is charged with first-degree sexual abuse while armed for allegedly sexually assaulting a victim by gunpoint in an alleyway near the 1900 block of 9th Street, NW, on Jan. 27, 2006. He was charged in May.

“I think the DNA match is sufficient to support the conclusion that the defendant is the person whose DNA was found on the victim,” Judge Neal Kravitz said during the Sept. 29 hearing “There is also information from the detective on the defendant’s physical appearance that is consistent with the description from the victim.”

Judge Kravitz chose to continue holding the defendant at the DC Jail.

“I do think this case has a tricky twist to it since the allegation comes from so long ago,” he said. “He has had several additional and more recent convictions, two violent, two involving firearms, he had his 2012 probation revoked.”

“I don’t think enough time has passed to ensure the safety of the community,” Judge Kravitz continued..

The prosecution called on a Metropolitan Police Department (MPD) cold-case detective to testify regarding his investigation and findings. He was the lead detective on the case since it was re-opened in 2017.

The detective described his investigation, including his interviews with the victim and defendant, along with the testing of DNA evidence that matched the defendant’s DNA.

DNA from a swab of the victim’s body, along with DNA on a scarf worn by the victim, was collected. The FBI confirmed the presence of DNA on both samples in 2006. In April 2020, the evidence was reviewed by the DC Department of Forensic Sciences (DFS) and Uploaded to the Combined DNA Index System (CODIS) maintained by the FBI.

The FBI reported a match with a convicted offender shortly after the DNA was uploaded in April. The detective explained how the DNA recovered from the crime scene matched the defendant’s DNA.

Defense attorney Dana Page asked the detective how the defendant responded when he was arrested and interviewed. The defendant had denied committing the crime and appeared to not know about the events or the victim.

Page also said the second piece of DNA evidence, on the victims scarf, had not been tested and added to the CODIS database.

However, the prosecutor said the scarf was currently being tested and results would be back before trial.

Page asked for the defendant’s release, arguing that even with a criminal history, he had not been convicted of any crimes since 2013.

“The last time he was arrested was in 2013, and his probation expired in March of 2016,” Page said. “He has a family who he has taken care of, he has a job in construction, a union membership and recently got cleared to be able to work construction at the Homeland Security Building, which takes some investigation.”

The prosecutor asked Judge Kravitz to hold the defendant, citing his criminal history and the violent nature of the alleged offense.

Judge Kravitz ultimately sided with the prosecution.

The defense also rejected the prosecution’s plea deal. The defense filed a counteroffer, which the prosecution rejected.

The defendant is scheduled to return to court on Nov. 6 for a felony status conference.

This story was written by John Sullivan

Judge Holds 4 Defendants During Initial Hearings

On Sept. 29, DC Superior Court Judge Juliet McKenna released 12 defendants and held four defendants in DC Jail during initial hearings.

Judge McKenna held four individuals, two of which are charged in assault cases.

The first defendant, Wayne Jones, is charged with assault on a police officer and attempted threats to do bodily harm. Jones, 25, was held because he is in violation of conditions in a probationary matter and in a pending case for which he is on pretrial release.

The second defendant, Antonie Thomas, is charged with assault with a dangerous weapon. Thomas, 46, allegedly stabbed his victim several times on the right side of his body. The stabbing was caught on camera from a nearby liquor store. Judge McKenna deemed it necessary to hold Thomas due to the fact that the event occurred in broad daylight and in a public space where bystanders could potentially have been harmed.

Judge McKenna held one individual, Jamar Jennifer, who is a fugitive from justice from Maryland. Jennifer, 30, is also charged with attempted threats to do bodily harm in another case. He was held in the fugitive matter to give Maryland officials three days to pick him up and was released in the misdemeanor case.

The final defendant who was held, Tyrone Wade, is charged with unlawful possession of a firearm with a prior conviction and possession with the intent to distribute a controlled substance while armed. The 27-year-old is currently on supervision in a prior matter. Additionally, he was recently arrested on Sept. 16 for distribution of a controlled substance and put on pretrial release.

Judge McKenna said she decided to hold him due to his noncompliance in his other matters.

Of those released, three defendants were charged in assault cases. Judge McKenna released all three with stay-away orders from the alleged victims. One defendant was also warned not to be in possession of a firearm or ammunition.

Judge McKenna also released two defendants charged with armed robbery. They were released with stay-away orders and the order to not be in possession of firearms or ammunition. One of the defendants was put on GPS monitoring to ensure his compliance on pretrial release.

Two defendants in possession of controlled substances cases were released with the requirement to check in and verify their addresses with the Pretrial Services Agency (PSA).

Two individuals charged with misdemeanors were released.

Additionally, an individual charged with second-degree burglary and an individual in a domestic violence case were released.

Lastly, Judge McKenna released a defendant charged with being a fugitive from justice.

Defendant Pleads Guilty to Assault and Firearms Charges

On Sept. 28, a DC Superior Court judge scheduled a sentencing hearing for a defendant after he pleaded guilty to assault with a dangerous weapon and unlawful possession of a firearm with a prior firearms conviction.

As part of a plea agreement, the prosecution agreed to ask for Raymond Poston’s sentences to be served concurrently and not to add any additional charges.

Judge John Campbell accepted the defendant’s guilty plea and scheduled a sentencing for Dec. 14.

Poston, 53, was charged for shooting at three individuals who tried to rob him and his girlfriend in front of a shelter on the 400 block of 2nd Street, NW, on May 29. The three men allegedly opened the back door of Poston’s car and grabbed his girlfriend who was holding money. One of the attackers fired into the car, hitting Poston’s girlfriend in the right leg. Shortly after the attempted robbery, Poston fired at the three men, hitting one of them in the left hip, according to court documents.

Judge Sentences Defendant to Serve 90 Days

A DC Superior Court judge sentenced a defendant after he resolved his three cases with a global plea deal.

Kehinde Ogun pleaded guilty to simple assault in one case and threats to kidnap or injure a person in another. As part of the plea deal, prosecutors dismissed his other case, in which he was charged with two counts of simple assault. Prosecutors also asked for 90 days on both charges to be served concurrently.

Judge John Campbell sentenced Ogun, 35, to 180 days, all but 90 of which were suspended, plus one year of supervised probation, for each of the charges. The sentences and the probation will run concurrently.

The terms of Ogun’s probation include seeking psychological treatment and mental health treatment at the direction of the Court Services and Offender Supervision Agency (CSOSA.)

“You do have a history of similar kinds of things,” Judge Campbell said during the Sept. 28 hearing. “I realize that you have had difficulties with homelessness and that it is an especially difficult time to be homeless.”

The defendant picked up the threats charge for making a throat slashing gesture to a victim on the 1600 block of H Street, NW, on July 12. As a Metropolitan Police Department (MPD) officer arrested Ogun, he said, “I can do 35 for murder, that’s nothing,” then “Your career is done with, your life too.”

Ogun will also have to pay $100 to the Victims of Violent Crime (VVC) compensation fund.

Domestic Violence Defendant Rejects Plea Deal for Felony

A domestic violence defendant rejected a plea deal and had his pretrial release conditions modified.

The defendant is charged with felony assault with intent to kill while armed.

The Sept. 29 hearing was originally scheduled for the defendant to enter a guilty plea. However, he formally rejected the offer during the hearing.

Judge Juliet McKenna also took the defendant out of the High Intensity Supervision Program (HISP).

The defendant has been on HISP since he was charged on Jan. 2. Defense attorney Madalyn Harvey said her client has been compliant with his release conditions. Harvey also noted how Roberts was receiving mental health treatment and taking medication.

The prosecution opposed releasing the defendant from HISP, citing the violence of the alleged crime.

However, in light of the defendant’s compliance, Judge Juliet McKenna granted the defense’s request. Now, the defendant will only have to comply with a stay-away order and report to the Pretrial Services Agency.

The defendant’s next court appearance is scheduled for Jan. 29.

Defendant Pleads Guilty To Firearms Charge

A defendant pleaded guilty to unlawful possession of a firearm with a prior firearms conviction and was scheduled for sentencing.

As part of a plea agreement with the prosecution, Richard Little’s other charge for unlawful possession of a large capacity ammunition feeding device was dropped. The prosecution also agreed to not add any additional charges and ask for a sentence no longer than 28 months.

During the Sept. 28 hearing, Judge John Campbell accepted the defendant’s guilty plea and scheduled a sentencing hearing for Dec. 10.

Little, 33, was charged after fleeing from Metropolitan Police Department (MPD) officers in a car and then running from them on the alleyway corner of Alden Place, NE and 33rd Street, NE, on April 20. The defendant threw a jacket while running from MPD officers. After the police caught the Little, officers discovered the jacket with a loaded AM-15 semi-automatic pistol and a 30 round magazine.

Judge Continues Hearing for Murder Defendant

A DC Superior Court judge continued a murder defendant’s hearing.

Kenneth Wayne Stewart is charged with first-degree murder for allegedly stabbing Courtney Jones, 54, on July 23 on the 2300 block of Pennsylvania Avenue, SE. Stewart, 58, was arrested that day and has since been held at DC Jail.

The Sept. 29 hearing was scheduled to determine a date for Stewart’s preliminary hearing, which would determine if his case has enough evidence to go to trial. However, defense attorney Dominique Winters said that she was “not prepared to go forth with a preliminary hearing at this time.”

Therefore, Judge John Campbell scheduled another status hearing for Nov. 5.

Sex Abuse Defendant Placed in New Beginnings

On Sept. 29, a DC Superior Court judge transferred a child sex abuse defendant to a residential treatment facility.

The 18 year-old defendant is charged with first-degree child sex abuse for allegedly using force to make a 10 year-old victim engage in a sexual act with him.

Defense attorney Jeffery Stein argued that, based on a psycho-evaluation, his client is better served going through a modified program at New Beginnings Youth Development Center. Stein asked Judge Juliet McKenna to allow the defendant to be placed in the Department of Youth Rehabilitation Services’ (DYRS) custody so that he could participate in this modified program.

Stein also said his client’s current confinement with the Youth Services Center (YSC) rates him at the highest level of behavioral cooperation.

Stein said the defendant had been abused by family members and effectively left homeless, but had been doing well at YSC.

The prosecution opposed the transfer arguing that this move seemingly puts the defendant on a path towards release. Because the defendant is charged with a violent felony involving the sexual abuse of a young child, the prosecutor argued that placement in the New Beginnings program would not be appropriate.

She noted that New Beginnings programs usually last between six and 12 months. The modified program would see the defendant only spending three months with New Beginnings.

Judge Juliet McKenna ruled that, while she did not want to release the defendant, she did agree with Stein that New Beginnings is a beneficial opportunity for the defendant. However, she did order the DYRS to give the court and parties at least 72 hours notice if the defendant’s detention status changes.

Towards the end of the hearing, the defendant formally rejected a plea deal offered by the prosecution. The defendant’s next hearing is scheduled for Dec. 9.

Judge Rejects Motion for New Trial in Murder Case

A DC Superior Court judge rejected a convicted first-degree murder defendant’s motion for a new trial.

In 2012, Darnell Hawkins was sentenced to serve 40 years for first-degree murder while armed in the death of Dawan Felder. Felder was killed in the early morning hours of May 16, 2010, on the 5000 block of D Street, SE. He was 28 years old.

In 2018, Hawkins, 38, filed a motion for a new trial. He based his motion on the argument that he had deficient representation from his lawyer.

However, during the Sept. 28 hearing, Judge Ronna Beck ruled that there was no deficiency.

Hawkin’s current defense attorney, Thomas Healy, argued that a retrial was in order because Hawkins’ initial attorney did not bring forward witnesses who could have proved Hawkins’ innocence, did not sufficiently explain the plea bargain that had been offered, and did not file a severance claim between Hawkins and his co-defendant.

During the hearing, the prosecution brought forward two witnesses: Hawkin’s attorney during his initial trial and a defense team investigator from the initial trial.

The former defense attorney was asked why the witnesses in the initial case were not brought forward in the trial. The witness said this was done because many of the witnesses in the initial trial were not deemed credible and could have potentially hurt the defendant’s case further.

The attorney was also asked how the plea bargain had been explained to the defendant. The lawyer said he explained the plea bargain thoroughly, although he could not remember the specifics of the conversation. He also said that throughout his time with Hawkins, the defendant maintained his innocence and seemed unlikely to accept a plea bargain. On the issue of severance, the witness claimed he did not believe there had been a basis for it.

Many of the same questions were asked of the second witness, who corroborated and provided additional information about why the witnesses in the initial trial would have been unlikely to improve Hawkins’ case.

Judge Beck said the testimony of the witnesses were more credible than that of Hawkins’, whose testimony in prior hearings was found to be contradictory.

She also ruled that the first witness provided sufficient information about the plea to Hawkins and that the decision to not bring certain witnesses forward was done out of sound judgement, ruling that there was no reason for a severance motion to have been filed.

Hawkins is being held in DC Jail and will be transported back to his federal corrections facility as soon as possible.

Defendants Plead Guilty in Domestic Violence Matters

One Sept. 28, two domestic violence defendants pleaded guilty to simple assault.

The defendants, Alejandro Mejia-Nava and Aziz Benassou, entered into Deferred Sentencing Agreements (DSA) with the prosecution. This means that if the defendants complete their requirements by the end of the deferment periods, their guilty pleas will be withdrawn and their cases dismissed.

Benassou must continue to report to the Pretrial Services Agency (PSA). However, both defendants must comply with a No Harass, Assault, Threaten or Stalk (HATS) order, and complete any assessments deemed necessary by the Court Services and Offender Supervision Agency (CSOSA).

Judge John McCabe also ordered defendant Benassou to participate in an anger management program, and defendant Mejia-Nava to enroll in a domestic violence program through CSOSA.

Benassou agreed to defer his sentencing for six months, while Mejia-Nava agreed to nine.

According to a spokesperson with CSOSA, defendants can be under both PSA and CSOSA supervision when entering a DSA, unless the defendant is participating in a domestic violence program through court services. In that case, the defendant is strictly under CSOSA supervision.

Judge McCabe scheduled Benassou’s next hearing for Apr.1, and Mejia-Nava’s for June 28.

Judge Issues 3 Bench Warrants During Pretrial, Probation Hearings

A DC Superior Court judge presided over ten pretrial show cause hearings on Sept. 29.

Judge Gerald Fisher withdrew a show cause hearing for a murder defendant.

Tristian Cole is charged with second-degree murder while armed for allegedly stabbing 24-year-old Joel Midgett on the 200 block of K Street, NW in Oct. 2015.

Cole, 29, was charged in November 2019. He was granted pretrial release during a preliminary hearing the following February, at which time Judge Todd Edelman ruled that his case had enough evidence to go to trial.

Judge Fisher told Cole to get in compliance during his last pretrial show cause hearing. According to the Pretrial Services Agency (PSA), Cole has been reporting to them regularly.

Judge Fisher advised Cole to keep staying in compliance with her conditions. Cole’s next hearing is on Feb. 12, 2021.

Judge Fisher also issued bench warrants for the arrests of John Mulcahy, Lamont Brown and Travis Haney.

Mulcahy, 62, is charged with unlawful entry onto private property and attempted threats to do bodily harm in two cases.

He also does not have a verifiable address because he is homeless.

Mulcahy’s attorney, Anthony Viviani, has not been able to contact his client.

Brown, 47, is charged with simple assault for allegedly kicking a Metropolitan Police Department (MPD) officer on the side of his head back on May 27 on the 1800 Block of Corcoran Street, NE.

The PSA representative said the agency has not heard from Brown since late June. They also don’t have a verifiable address or phone number for him.

Brown’s attorney, Steven Ogilvie, has also not been able to contact his client.

Hayney, 32, is charged with the distribution of PCP.

Like with the other bench warrant defendants, Haynes has not been in contact with the PSA. Haynes’ attorney, Mani Golzari, has also not been able to contact his client either.

Judge Fisher continued a case for another defendant in order for him to get notice to come to court by his mental health provider.

Robert Taylor is charged with unlawful entry onto private property, second-degree theft, possession of an open container of alcohol/public intoxication and a bail violation in three different cases.

According to the PSA, Taylor, 54, has not been in compliance with his release conditions. However, the PSA recommended that the case be continued to see if Taylor gets in contact with the Centers for Medicare and Medicaid Services, so they can get a hold of him.

Judge Fisher granted the requested and scheduled Taylor’s next hearing for Oct. 19.

Judge Fisher continued a pretrial show cause hearing for a burglary defendant who did not receive notice for his court date.

Antoine Jackson, 25, is charged with second-degree burglary.

Jackson did not show up to his hearing. Defense attorney Jeffrey Stein said his client may not have received notice for his hearing as he was re-arrested on Sept. 17 and released on Sept. 22.

Judge Fisher granted Stein’s request and scheduled Jackson’s next hearing for Oct. 20.

Judge Fisher withdrew a show cause hearing for a weapon possession defendant.

Deshawn Loggins is charged with carrying a pistol without a license outside home or business, possession of a registered firearm and unlawful possession of ammunition.

Loggins showed up late to his hearing, which caused the case to be recalled.

According to the PSA, Loggins has begun to come into compliance with his release conditions.

Judge Fisher advised Loggins to remain in compliance. His next hearing is scheduled for March 17, 2021.

Judge Fisher continued a hearing for a robbery defendant.

Rashaun Onley was serving one year of probation for attempting to commit robbery. However, he will be re-sentenced after violating his probation by getting re-arrested.

According to the PSA, Onley has been in compliance with his release conditions since his last hearing earlier this month.

Onley is currently under the High Intensity Supervision Program (HISP,) but has employment lined up for once he is released from home confinement, his defense attorney, Amy Phillips, said.

Onley is scheduled to be re-sentenced on Feb. 4, 2021.

A drug and weapon possession defendant’s pretrial show cause hearing was vacated.

Emanuel Sartor is charged with carrying a pistol without a license outside home or business, unlawful possession of liquid PCP, possession of an unregistered firearm and unlawful possession of ammunition.

According to court documents, Sartor’s hearing was vacated without objection from the prosecution. Sartor has been in full compliance with his conditions and is currently experiencing some health struggles.

Sartor’s next hearing is scheduled for March 30, 2021.

Judge Fisher continued a hearing for a defendant who did not receive a notice to show up to court.

Jeremiah Hawkins is charged with simple assault and threats to do bodily harm.

Hawkins, 25, was present over audio after being contacted by his lawyer, Sellano Simmons.

According to the PSA, Hawkins does not have a verifiable address on record.

Judge Fisher ordered Hawkins to verify an address with the PSA within the next 48 hours and begin reporting to them immediately.

Judge Fisher scheduled Hawkins’ next hearing for Oct. 30.

Judge Fisher also extended a defendant’s probation to give him time to satisfy all his conditions.

Khalil Ball is serving nine months of probation for operating a vehicle while impaired. His probation conditions include completing a traffic safety program, a traffic alcohol program and a victim impact panel, which gives people affected by impaired driving or underage drinking an opportunity to speak about their experiences. These conditions were to be completed by Sept. 20.

According to Ball’s attorney, Albert Amissah, due to the COVID-19 pandemic, Ball has faced many stumbling blocks that have made it difficult to complete these programs.

A Court Services and Offender Supervision Agency (CSOSA) representative was present at the hearing and said that Ball, 30, has recently registered for the victim impact panel.

Judge Fisher chose to extend Ball’s probation until Dec. 21. He also scheduled a Dec. 14 show cause hearing that can be vacated if Ball has finished his requirements by then.

Judge Fisher continued an assault defendant’s hearing to give him time to consult with his lawyer.

Durell Campbell is charged with assault with intent to commit robbery.

According to the PSA, Campbell, 30, has not been in compliance with his conditions. He has allegedly tampered with his GPS device and has not gotten it re-installed.

Campbell, who was in court, wanted to speak with his lawyer, Dinah Manning. However, he did not have a phone and all court phones were being occupied.

Judge Fisher chose to reschedule the hearing for Oct. 1 to give the defendant time to speak to his attorney.

Document: Police Make 2 Robbery Arrests

Metropolitan Police Department (MPD) officers made two arrests in connection with robbery offenses.

A 29 year-old resident of Southeast, DC was arrested in connection with an armed robbery offense that happened on Sept. 18.

At around 3:58 a.m., a suspect approached the victim on the 800 block of 18^th Street, NW. The suspect brandished a handgun and took property from the victim. The suspect then fled the scene, but was apprehended by responding officers.

A 31 year-old with no fixed address was arrested in connection with a robbery offense that happened on Sept. 17.

At around 3:02 p.m., a suspect approached the victim on the 1300 block of U Street, NW. The suspect snatched property from the victim and fled the scene.

[documentcloud url=”http://www.documentcloud.org/documents/7219595-9-25-20-Arrests-Made-in-Robbery-Offenses-1.html” responsive=true]

Document: Suspect Sought for Stalking

Metropolitan Police Department (MPD) detectives seek the public’s assistance identifying a suspect in connection with a stalking offense that happened on Sept. 17 on the 1400 block of C Street, SE.

The suspect was captured by surveillance footage.

[documentcloud url=”http://www.documentcloud.org/documents/7218886-9-25-20-Suspect-Sought-in-a-Stalking-Offense.html” responsive=true]

Document: Suspects Sought for Unlawful Discharge of a Firearm

Metropolitan Police Department (MPD) detectives seek the public’s assistance identifying suspects in connection with an unlawful discharge of a firearm offense that happened on Sept. 18.

At around 12:36 p.m., officers responded to the 1200 block of Mount Olivet Road, NE for the sound of gunshots. There, they found evidence of a firearm being discharged.

The suspects were captured by surveillance footage.

[documentcloud url=”http://www.documentcloud.org/documents/7219593-9-25-20-Suspects-Sought-in-an-Unlawful-Discharge.html” responsive=true]

Document: Suspects Sought for Armed Carjacking

Metropolitan Police Department (MPD) detectives seek the public’s assistance locating the suspects of an armed carjacking that happened on Sept. 27.

At around 3:43 p.m., suspects approached the victim on the Unit block of Kennedy Street, NE. The suspects brandished a handgun and demanded the victim’s vehicle and property. The victim complied and the suspect fled the scene in the vehicle.

[documentcloud url=”http://www.documentcloud.org/documents/7218889-9-28-20-Suspects-Sought-in-an-Armed-Carjacking.html” responsive=true]

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