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.

Judge Issues Bench Warrant for Defendant’s Arrest

On Aug. 6, a DC Superior Court judge issued a bench warrant for a defendant who failed to appear in court.

Timothy West, 45, is charged with attempted threats to do bodily harm for allegedly making threats to kill people due to the U.S. Capitol Building not being open on July 19. Metropolitan Police Department (MPD) officers say they found a knife while searching his person on Madison Drive, NW.

Judge Robert Okun released West on June 20 with orders to report to the Pretrial Services Agency (PSA.) On July 30, the PSA reported that they had not received valid contact information from West.

Judge James Crowell ordered West to appear in court to explain his noncompliance on Aug. 6.

Kevin Robertson, West’s attorney, asked Judge Gerald Fisher to continue the hearing so that he could attempt to contact his client.

Judge Fisher denied the request, issuing a warrant for West’s arrest.

Judge Issues Bench Warrant for Defendant

A DC Superior Court judge issued a bench warrant for a defendant who did not show up to his Aug. 6 hearing and is a loss of contact with the Pretrial Services Agency (PSA.)

Travon Lewis, 26, is charged with possession of a prohibited weapon, threats to do bodily harm and possession of a controlled substance after allegedly threatening to stab a victim at a metro kiosk on June 16 on the 600 block of 1st Street, NE.

Lewis was released on June 17 and ordered to report to the PSA. He was later ordered to appear in court on Aug. 6 to address his lack of compliance with his release conditions.

During the hearing, a PSA representative reported that Lewis was still a loss of contact, so Judge Gerald Fisher issued a warrant for the defendant’s arrest.

Judge Doesn’t Hold Hearing for Murder Defendants

A DC Superior Court judge did not hold a preliminary hearing for three murder defendants.

The co-defendants, Lejeezan Toudle, 36, Elton Wiggins, 54, and Devon Stephens, 34, are charged with first-degree murder in the death of 34-year-old Eugene Isaac Jr., who was fatally shot on the 100 block of N Street, NW on Feb. 15.

The preliminary hearing, which would determine if the case has enough evidence to go to trial, was scheduled take place Aug. 6. However, two of the three defendants have refused to be tested for COVID-19.

Judge Danya Dayson said all defendants must undergo testing before they can be scheduled for a preliminary hearing, which is now scheduled for Aug. 13.

Judge Continues Case After Defendant Picks Up New Charge

A DC Superior Court judge continued a defendant’s case after the defense attorney said that his client picked up a new charge in Maryland.

Rashaad Winston was charged with armed robbery on July 15, 2015. He pleaded guilty to updated charges of robbery and conspiracy to commit a crime of violence while armed the following September

He was sentenced to five years of incarceration, two of which were suspended, and two years of probation for conspiracy. He received a sentence of 40 months of incarceration, 22 of which were suspended, and three years of probation for the robbery. Judge Juliet McKenna set the sentences to run concurrently to the other.

After a probation violation report was filed on June 3, 2019, Winston was scheduled for a show cause hearing on Feb. 24. During the hearing, defense attorney Susan Ellis said her client was incarcerated in another jurisdiction.

Winston was not present for his Aug. 6 hearing. A Court Services and Offender Supervision Agency (CSOSA) representative said Winston was compliant with reporting and probation conditions.

Ellis said that Winston now has a matter in Maryland that is set for March of 2021. The defense attorney also said she is tracking the case.

Judge Gerald Fisher continued the the probation hearing to April 5, 2021, in order for the defendant to explain his noncompliance in front of the case judge, DC Superior Court Judge Rainey Brandt.

Defendant Pleads Guilty to Attempted Robbery

On Aug. 6, a defendant pleaded guilty to attempted robbery.

Emmanuel Southerland was charged with robbery for stealing $3,500 from a bank on the 3100 block on 14th Street, NW on March 16. As part of a plea agreement with the prosecution, his charge was downgraded to attempted robbery.

The prosecution also agreed to dismiss the two misdemeanor cases he picked up, in which he was charged with shoplifting and unlawful entry onto private property.

Southerland has been held in DC Jail since being arrested on March 18.

“It’s been hard to get calls from my family, because they have everyone separated,” said Southerland. “With what’s going on with this corona thing, and with all our lives, I’m happy to get this over with.”

DC Superior Court Judge John Campbell scheduled Southerland to be sentenced on Oct. 9.

Judge Finds Probable Cause for Assault Case

On Aug. 6, a DC Superior Court judge decided that an assault with a dangerous weapon case has enough evidence to go to trial.

Eldred Watts, 26, is charged with assault with a dangerous weapon for allegedly beating a victim with a firearm on Jan. 30 on the 3400 block of C Street, SE. He also has a separate case open, in which he is charged with first-degree murder while armed for allegedly killing 33-year-old Zenus Epps.

The prosecution presented surveillance footage from the place of the attack, which they say shows Watts as the suspect in question. Dana Page, Watts’ attorney, said the identification is not adequate.

One of the detectives who handled Watts’ arrest in this case testified in court, discussing how he went about identifying Watts.

Judge Judith Smith decided there was enough evidence to bring the assault case to trial.

Page asked for Watts to be released from DC Jail, where he is being held on the murder charge. Judge Smith denied the release, saying the assault was serious and the victim ended up in the hospital.

Watts is also being held in the murder case.

Watts will appear in court again on Sept. 11 to evaluate the status of his murder case.

Case Number: 2020 CF1 004283, 2020 CF3 004270

Judge Issues Bench Warrant for No-Show Defendant

A DC Superior Court judge issued a bench warrant for the arrest of a defendant who did not show up to his Aug. 6 hearing.

Willie Morrow, 39, was charged with unlawful entry of a motor vehicle for entering a relative’s vehicle without permission on Feb. 18 on the 2300 block of Pennsylvania Avenue, SE. Morrow pleaded guilty to the charge on Feb. 24, and is currently waiting to be sentenced. He was allowed to remain released in the meantime.

Morrow’s hearing was scheduled to address a noncompliance issue with his pretrial release conditions. The Pretrial Services Agency (PSA) said he had not reported to them and was deemed a loss of contact.

After learning that the defendant had already pleaded guilty and that his phone no longer appeared to be in service, Judge Gerald Fisher issued a warrant for his arrest.

However, Judge Fisher said the warrant will likely not be executed in the near future unless Morrow picks up other charges.

Morrow’s sentencing is scheduled for Oct. 6.

Robbery Defendant Receives One Year of Probation

A DC Superior Court judge sentenced a defendant to one year of probation for robbery.

Harold Jackson, 21, was charged with robbery for pulling a victim away from a vehicle and fleeing the scene on Feb. 14, 2019, at the intersection of Connecticut Avenue, NW and Chesapeake Street, NW.

Jackson pleaded guilty to a lesser charge of attempt to commit robbery on Jan. 22.

On Aug. 6, Judge Gerald Fisher gave Jackson a one year suspended sentence plus one year of supervised probation. Judge Fisher sentenced the defendant under the guidelines of the Youth Rehabilitation Act.

As part of his probation, Jackson must complete 90 hours of community service, participate in the Court Services and Offender Supervision Agency’s (CSOSA) recommended substance abuse treatment program and participate in thinking for change session or a life skills class supervised by CSOSA.

He must also re-enroll in college, maintain employment or participate in a vocational training program.

Defendant Enters Into Agreement with Prosecution

A defendant charged with destruction of property less than $1,000 entered into a deferred prosecution agreement.

John Stetes, 25, agreed to complete 32 hours of community service during the four month deferment period. He must also not be arrested on probable cause and comply with a stay away order.

If he successfully completes the requirements, his case will be dismissed.

On Feb. 3, Stetes removed a window screen and punctured another while trying to gain entry into a residence on the 400 block of M Street, NW.

Stetes is scheduled for a status hearing on Dec. 2.

Judge Continues Hearing for Domestic Violence Defendant

A DC Superior Court judge continued a hearing for a domestic violence defendant.

In 2019, the defendant received a suspended sentence of 90 days in jail for misdemeanor charge of attempted threats to do bodily harm. He also received 18 months of probation.

The defendant also pleaded guilty to simple assault in a separate domestic violence case on June 9 and was sentenced to 180 days of incarceration, all of which was suspended, plus 18 months of probation.

The Aug. 5 hearing was scheduled to address non compliance with the terms of his probation.

During the hearing, the prosecution said the defendant failed to comply with his curfew in early August, did charge his GPS battery in June and violated a stay away order by visiting his victim in July.

She also said the defendant was allegedly involved in an incident on July 20 in which he allegedly left his mother in her car after it was shot at on their way back from a Domino’s Pizza restaurant.

The prosecution asked that the defendant be held in the domestic violence case.

However, defense attorney Jesse Winograd said what happened during the incident was based on “hearsay.” He also pointed out that a Metropolitan Police Department (MPD) report on the incident is currently unavailable.

Judge John McCabe said he would release the defendant and continue his case on Aug. 19 in order to give the prosecution enough time to collect information on the new incident.

Defendant Waives Hearing for Misd and Felony Cases

On Aug. 6, a defendant waived his right to a preliminary hearing in two cases.

Davonte Brothers is charged with simple assault in a misdemeanor case and assault on a police officer and fleeing a law enforcement officer in a felony case.

Brothers allegedly punched a victim on Sept. 29, 2019, on the 2600 block of Bowen Road, SE. He also allegedly fled during a traffic stop and damaged a police vehicle on June 9 on the 4200 block of 6th Street, SE. Brothers was arrested for both incidents on June 9.

The defendant was released on June 15 for both cases. He is currently being held due to a fugitive case in Maryland, in connection to a fatal shooting on March 21.

The prosecution made a plea offer for the DC cases, but Brothers rejected it earlier this week.

DC Superior Court Judge John Campbell scheduled the defendant’s next hearing for Oct. 21.

Defendant Serves Time on Supervised Probation

On Aug. 6, a DC Superior Court judge sentenced a defendant for possession of a controlled substance.

Delonta Harvey found him guilty by a jury of one possession charge and not guilty of everything else in March. He was initially charged with three counts of possession and two counts of possession with intent to distribute a controlled substance in 2018.

Judge Rainey Brandt sentenced Harvey to 90 days of incarceration, all of which were suspended. She also sentenced him to nine months of unsupervised probation.

Harvey was released from jail since his presentment in 2018.

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