Judge Declines to Release Juvenile Charged With Murder

On Aug. 4, a judge declined to release a juvenile from detention even though he has been under good behavior since he has been held.

On July 4, a 36-year-old man was shot multiple times outside a McDonald’s in Washington, DC. He was still alive when police responded to the scene and was transported to a local hospital for treatment, where he died from his wounds.

The decedent has been identified as Antonio Gardiner from Oxon Hill, Maryland.

The child was arrested on July 8 and charged with first-degree murder for Gardiner’s death.

During a hearing on Aug. 4, DC Superior Court Judge Andrea Hertzfeld heard arguments from the defense as well as the prosecution on several issues.

The parties first discussed the possibility of a plea deal. The prosecution stated a plea offer was still under negotiation and would hopefully be presented to the respondent soon.

Judge Hertzfeld then heard from both sides regarding a motion by the prosecution to conduct a buccal swab for potential DNA evidence in connection with the homicide.

The prosecution said they wanted to test the respondent’s DNA in order to compare it to potential DNA evidence that may come from the firearm, which has not been tested yet.

Judge Hertzfeld said sufficient evidence needed to be presented from the prosecution that the gun will likely provide DNA evidence of the respondent’s guilt in order for her to grant the motion to test the respondent before the gun results come back from the lab.

Prosecution said the gun in question was confirmed to be involved in the shooting on July 4 as shell casings found in the vicinity were matched to the gun. They also stated the gun was recovered on July 6 on a path the respondent was on while fleeing the police.

The respondent reportedly ran away from the police, and the prosecution said this should be enough to suggest the gun will have DNA on it as it was a “hot day in July.” When questioned further by the judge, the prosecution said the respondent must have been sweaty and that his sweat should be on the gun since he must have carried it before disposing of it.

The defense, represented by Christen Philips and Kevin O’Sullivan, said the prosecution’s argument was a stretch and said they did not cite any studies that would confirm that sweat would lead to usable DNA evidence. They said touch DNA is always low quality and may be unlikely to produce usable, comparable results and, therefore, the respondent should not be tested until after the gun has been tested.

Judge Hertzfeld sided with the prosecution, granting their request for a buccal swab in conjunction with the gun.

Finally, Judge Hertzfeld heard from both sides regarding the respondent’s location, pending his next hearing. The defense requested the respondent be released on either 24-hour home confinement or at a community-based youth shelter house, citing his complete compliance where he is currently held, which is in the Department of Youth Rehabilitation Services’ (DYRS) custody.

The prosecution said the situation is too dangerous, citing the fact that the respondent reportedly did not know Gardiner and that this was a “cold-blooded killing.” They said, “facts here really do not support any change in the respondent’s placement.”

Judge Hertzfeld decided to keep the respondent in DYRS’ custody, citing he was on supervision when the homicide occurred and was subject to conditions of the court that he did not follow.

The respondent is scheduled for a trial date of Sept. 21 but is unwilling to have his trial remotely, and Judge Hertzfeld said it would most likely be pushed back due to the pandemic if he continues to be unwilling to hold it by video conference.

A hearing is scheduled for Aug. 20 to further discuss potential DNA evidence and considerations for a virtual trial.

Judge Schedules Next Hearing for Domestic Violence Defendant

On Aug. 4, a DC Superior court judge scheduled a felony domestic violence defendant’s next hearing.

The defendant was charged with aggravated assault knowingly on May 11. He also currently has two other cases open, in which he is charged with unauthorized use of a vehicle, possession of a prohibited weapon and simple assault.

Defense attorney Lauckland Nicholas, said that the prosecution extended a potential plea offer earlier on that day. He also said that the potential offer encompasses all three of the defendant’s pending cases.

Nicholas requested another hearing date so he could discuss the terms of the agreement with his client.

Judge John Campbell granted Nicholas’ request. The defendant is scheduled to appear in court again on Sept. 11 to continue discussing the potential plea agreement.

Judge Schedules Hearing for Domestic Violence Defendant

On Aug. 4, a DC Superior Court judge scheduled hearing to determine if a felony domestic violence case has enough evidence to go to trial.

The defendant was charged with assault with a dangerous weapon on June 8.

Defense attorney Sabitiyu Abou said that she has not received a plea offer from the prosecution yet. The prosecutor said one could possibly be extended.

Judge John Campbell scheduled the hearing e on Aug. 25.

Judge Places Defendant on GPS Monitoring

On Aug 4, a DC Superior Court judge released a defendant, placing him on GPS monitoring.

The defendant is charged with unlawful entry, violation of a Civil Protection Order (CPO), simple assault and contempt in a domestic violence case.

Defense attorney Sean Coleman requested that his client be released to live in his sister’s home.

The prosecution did not oppose the motion, but asked that the defendant be placed on GPS monitoring due to the violent nature of the crimes. The prosecutor cited concerns over the safety of the victim, who has seven children and uses a wheelchair.

Judge John McCabe released the defendant due to how long he’s been incarcerated. “He deserves a chance out in the community,” he said.

The defendant has been held at the DC Jail since June 27. According to court documents, the defendant was rearrested for unlawful entry, violation of a CPO and contempt. He was held in DC jail from June 27 up until the Aug. 4 decision. He was also held from May 5 until June 19.

Conditions of the defendant’s pretrial release include: weekly contact with the Pretrial Services Agency (PSA) and participation in mental health services as recommended by MBI Health Services, a certified behavioral health agency servicing the DC metropolitan area.

Judge McCabe gave the defendant a curfew from 10 p.m. to 6 a.m.

The defendant’s next hearing is scheduled for Sept. 22.

Judge Holds Four Out of 18 Defendants During Initial Hearings

DC Superior Court Judge Heide Herrmann released 14 defendants and held four defendants in DC Jail during initial hearings on Aug. 4.

Joavon Thompson, charged with being a fugitive from justice, was held in order for Maryland to pick him up from DC Jail. He has an underlying charge for homicide so Judge Herrmann said she was not comfortable releasing him.

Mark Molden, charged with unlawful possession of a firearm with a prior conviction and possession with intent to distribute a controlled substance (marijuana) while armed, was also held by the judge.

Molden’s defense counsel asked for his release, citing his limited criminal history and the ongoing pandemic; however, Judge Herrmann held Molden, saying that possessing a firearm after a conviction of carrying a pistol without a license is serious.

Santos Barrera was held on a fugitive from justice charge where he is wanted in Maryland for aggravated assault. Barrera was also charged with a felony for violating bail. Judge Herrmann released him on the bail case and held him on the fugitive charge in order for Maryland authorities to collect him from DC.

The final defendant held was a woman charged with aggravated assault in a domestic violence case. Though the defense requested her release, Judge Herrmann held the woman, citing her lengthy criminal history, the fact that she is on supervised release in multiple cases and the severe injuries the victim sustained.

Of those released, one defendant did not have charges filed against him and was released.

Another defendant was released in error by DC Jail.

There were six additional domestic violence cases. Five were released with stay-away orders from the complainants and one was given a no harassment, assaultive, threatening or stalking (HATS) order.

One defendant, charged with being a fugitive from justice, was released with orders to turn himself in to Maryland authorities.

Judge Herrmann released four additional defendants charged with misdemeanors involving sexual abuse, unlawful entry, assault, attempted possession of a prohibited weapon and tampering with a detection device. Two of the defendants were given stay-away orders.

Two final defendants were released.

One was brought in on a bench warrant from 2017. His case was dismissed by the prosecution.

The other defendant has been in the hospital for over a week and continues to be there, so Judge Herrmann moved his hearing to tomorrow.

Murder Defendant Requests Change in Attorney

A murder defendant requested a new attorney on Aug. 4.

Malik Coles, 24, and his co-defendant, Duan Garmany, are charged with first-degree murder while armed for allegedly killing 28-year-old Christopher Payne on June 30, 2019, on the 1400 block of W Street, NW.

During the hearing, Coles asked DC Superior Court Judge John Campbell to let him switch the attorney representing him. Coles’ original attorney, Lisbeth Sapirstein, did not object to the switch, saying that Coles wanted to change attorneys because he is frustrated with the pace of his case.

“She has not done an effective job in communicating with me,” Coles said.

Judge Campbell granted Coles’ request. He said Judge Todd Edelman will assign Coles’ new attorney.

Coles is scheduled to appear in court again to receive his new attorney assignment on Sept. 4. Garmany is scheduled for a hearing on Aug. 27.

Judge Grants Defendant’s Request for New Attorney

A DC Superior Court judge granted a defendant’s request for a different attorney.

The defendant, 26, is charged in multiple cases for simple assault, sexual abuse, threats to do bodily harm and bail violation.

“I need a new f***ing lawyer to hurry the f*** up in my case,” he said. “I need you to find what the f*** is going on in my case, I’ve been waiting all this time. You talk the same f***ing thing over and over.”

Judge Michael Ryan kicked the defendant out of the courtroom call after he ignored the judge’s requests to stop yelling.

Defense attorney Hannah Akintoye said she could continue representing the defendant, whose case she did not want to be delayed more by a change in counsel.

However, Judge Ryan decided the defendant’s repeated requests and negative lawyer-client relationship merited a new attorney.

The defendant was found mentally incompetent to stand trial on Dec. 19, 2019, and Jan. 21, but was declared competent on Feb. 20.

During the Aug. 4 hearing, Judge Ryan ordered he receive a mental health screening. He ordered one on July 24, but it did not happen.

The defendant has been held since Oct. 15, 2019. Akintoye said her client’s sickle cell anemia places him at a high risk for COVID-19. However, he refused to attend his bond review hearings on April 28 and April 30.

Akintoye also accepted the prosecution’s request to admit body-worn camera from the Metropolitan Police Department (MPD) as evidence.

According to court documents, on June 14, 2019, the defendant allegedly spat on an MPD officer on the 1200 block of Southern Avenue, SE. He was charged with simple assault.

When he was a patient in the psychiatric ward at the United Medical Center, he allegedly grabbed a social worker and punched her in the face repeatedly on July 26, 2019. He yelled, “White b****! Kill you all,” among other remarks. The defendant was charged with simple assault for the incident.

On July 31, 2019, the defendant allegedly asked a woman to kiss him on a train at L’Enfant Plaza Station. When she refused, he forcibly tried to kiss her. She pushed the defendant away, who then allegedly spat in her face and yelled, “go back to Africa!” He was charged with sexual abuse and simple assault.

The defendant is also charged with the bail violation for failing to appear for a hearing on Sept. 4, 2019.

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

The defendant’s next hearing is scheduled for Sept. 3.

Judge Gives Defendant More Time to Comply with his Probation

A DC Superior Court judge gave a defendant more time to come into compliance with the terms of his probation.

Lamont Deloatch pleaded guilty to carrying a pistol without a license, possession of an unregistered firearm and unlawful possession of ammunition on Aug. 28, 2019.

Judge Gerald Fisher warned the defendant that he could not leave Maryland without permission from his probation officer.

During the Aug. 4 hearing, the prosecution also said Deloatch picked up an unlawful possession of a firearm case in New Jersey.

Deloatch was sentenced to one year, fully suspended, for the carrying charge. He received a 180 day suspended sentence for his other two charges. He was also sentenced to one year of probation, which was later transferred from the District of Columbia to the state of Maryland.

Deloatch’s next hearing is scheduled for Oct. 13.

Judge Issues Bench Warrant for Sexual Abuse Defendant

A DC Superior Court judge issued a bench warrant for the arrest of a sexual abuse defendant who failed to appear in court.

On Jan. 7, Phillip Drumgoole pleaded guilty to misdemeanor sexual abuse of a child or minor and bail violation. The defendant was sentenced in January to 180 days in jail, 90 of which were suspended, for the sex abuse charge. He received a 90 day suspended sentence for the bail violation. He was also given two years of probation.

Drumgoole did not show up to his Aug. 4 hearing, which was scheduled to address noncompliance with the terms of his probation.

A Pretrial Services Agency (PSA) representative said Drumgoole has not been in contact with them since March.

The prosecution said that Drumgoole failed to register as a sex offender and picked up a simple assault case on July 17.

Defense attorney Marnitta King’s said a storm on Aug. 3 prevented the defendant from appearing before court, which Judge Gerald Fisher dismissed.

The 26-year-old defendant was charged for inappropriately grabbing a seven-year-old girl while she was going to school on the 1400 block of Columbia Road, NW on Oct. 25, 2019, according to court documents.

This is the fourth time a bench warrant has been issued in this case. The last bench warrant was issued on Jan. 15.

Domestic Violence Defendant Pleads Guilty, Gets Released

On Aug. 4, a felony domestic violence defendant pleaded guilty to assault with significant bodily injury.

The defendant admitted that he injured a victim by punching her in the face.

“I was on meds, and I was off them for three days,” he said.

DC Superior Court Judge Julie Becker allowed the defendant to be released awaiting sentencing. His release conditions include complying with stay away orders.

The defendant is scheduled for sentencing on Oct. 9.

Defendant Pleads Guilty, Released Pending Sentencing

On Aug. 4, a DC Superior Court judge accepted a defendant’s guilty plea and released him pending sentencing.

Ja’amonte Jeter, 21, was originally charged with assault with a dangerous weapon for shooting a victim in the back on Nov. 18, 2019, on the 4500 block of B Street, SE.

As part of a plea agreement with the prosecution, Jeter pleaded guilty to lesser charges of attempted assault with a dangerous weapon and carrying a pistol without a license outside a home or business. In return, the prosecution agreed not to file additional charges against Jeter from the incident.

Defense attorney Edward Joseph requested release, saying Jeter had already been incarcerated for six months, which also amounts to a short sentence, considering the offenses he is charged with.

The prosecution did not oppose release, but asked that Jeter be put on home confinement until his sentencing date.

Judge John Campbell placed Jeter on home confinement under the High Intensity Supervision Program (HISP).

Jeter’s sentencing is scheduled on Nov. 6.

Judge Reschedules Hearing for Four Co-Defendants

On Aug. 4, a DC Superior Court judge rescheduled a hearing to determine if a case with four co-defendants has enough evidence to go to trial.

Malcolm Gaskins, Hassan Thompson, James Robinson and Johnathan Brown were arrested on May 20. Metropolitan Police Department (MPD) officers responded to a call earlier that day from a person who said there were three guns in a residence the defendants occupied on the 3400 block of 13th Place, SE. Police found multiple guns, bullets, magazines and drugs.

Gaskins, 28, is charged with carrying a pistol without a license outside a home or business. Thompson, 31, and Brown, 30, are charged with unlawful possession of a firearm with prior convictions. Robinson, 25, is charged with possession of a controlled substance with the intent to distribute.

The defendants were supposed to have a hearing on Aug. 4 to review evidence gathered by the prosecution.

All four attorneys for the defendants asked if they could schedule the hearing to a new date.

Judge John Campbell granted the parties’ request. All four co-defendants are scheduled to appear in court on Aug. 24..

Firearms Defendant Misses Court Hearing, Judge Issues Bench Warrant

A DC Superior Court judge issued a bench warrant for the arrest of a defendant who failed to appear in court.

David Stubbs is charged with carrying a pistol without a license for allegedly discarding a firearm on the 2900 Langston Place, SE while fleeing from a Metropolitan Police Department (MPD) officer. According to court documents, the officer asked Stubbs to exit his vehicle for a search on June 3.

Stubbs, 29, did not show up to his Aug. 4 hearing, which was scheduled to address a noncompliance issue with the terms of his pretrial release.

A Pretrial Services Agency (PSA) representative said Stubbs has not been in touch with them since he was released in June.

Defense attorney Bruce Cooper said his client has an address that is different from the one he registered with the PSA.

Judge Gerald Fisher told Cooper to investigate if Stubbs lives at the new address.

Stubbs’ next hearing is scheduled for Sept. 3.

Judge Schedules Show Cause Hearing for Defendant

On Aug. 4, a DC Superior Court judge scheduled a show cause hearing for a defendant who is a loss of contact with the Pretrial Services Agency (PSA.)

James Demyers II, 30, is charged with misdemeanor charges, including simple assault and attempted threats to do bodily harm, for allegedly punching one victim and threatening to injure another with a belt on the 500 block of Edgewood Street, NE on June 7. He is also charged with destruction of property less than $1,000 for allegedly breaking a toilet and light fixture while detained.

Demyer’s attorney, Richard Holliday, could not make any representations regarding his client’s noncompliance. He asked for a show cause hearing, during which a judge will reassess Demyer’s release.

Judge John Campbell granted the defense’s request. Demyers is scheduled to appear in court on Aug. 20.

Demyers also had a bail violation at the time of his arrest for failing to appear in court on Dec. 18, 2019, for a destruction of property case, according to court documents.

Demyers was released into the High Intensity Supervision Program (HISP) on June 2, so he could resolve a bench warrant in another state. However, the defendant never reported to PSA to enroll in HISP.

Judge Issues Bench Warrant

DC Superior Court Judge Gerald Fisher issued a bench warrant for a defendant’s arrest after he did not show up to his court hearing.

Kelonii Malloy, 23, pleaded guilty to possession of a controlled substance on Aug. 27, 2019. He was sentenced to 15 days, all of which were suspended, plus six months of supervised probation.

The Aug. 4 hearing was scheduled to address Malloy’s noncompliance with the terms of his probation.

Malloy’s probation officer said he has been a loss of contact and has visited his mother, from whom he was ordered to stay away.

The prosecution also said Malloy did not appear for a July 31 hearing related to an unlawful possession of a firearm case he picked up on May 16.

On July 11, 2019, Malloy threatened to shoot a woman whose boyfriend got into a verbal altercation with him on the 300 block of Delafield Place, NW. Upon his arrest, Metropolitan Police Department (MPD) officers found cocaine and opiates on him.

Malloy was initially charged with misdemeanor charges for attempted threats to do bodily harm, simple assault and possession of a controlled substance, but the first two charges were dismissed as part of his plea deal.

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