Judge Issues Two Bench Warrants During Pretrial Hearings

A DC Superior Court judge presided over ten pretrial show cause hearings on Sept. 21.

Judge Julie Becker issued bench warrants for the arrests of Gene Hayes and Marquise McFadden after they failed to appear in court.

Hayes, 65, is charged with possession of cocaine.

According to a Pretrial Services Agency (PSA) representative, Hayes never checked in with the agency after being released in August.

Hayes’ attorney, Raymond Jones, has been unable to reach his client.

McFadden, 20, is charged with robbery while armed with a knife.

According to pretrial reports, McFadden is currently being held in Virginia. Judge Becker said she issued a bench warrant to serve as a detainer because McFadden has not complied with any of his release conditions.

Judge Becker continued a pretrial show cause hearing for a defendant charged with possession of a large capacity ammunition feeding device.

According to the representative, 20-year old Amari Johnson has failed to come into compliance with his conditions.

The representative said his relative answers the phone and says that the defendant refuses to come to the phone.

Johnson’s attorney, Sweta Patel, asked Judge Becker to give her client an opportunity to come back into compliance.

Judge Becker decided to give Johnson one more chance, saying she expects “big improvements.”

Judge Becker scheduled Johnson’s next hearing for Oct. 8.

Judge Becker also continued a hearing for a weapon and drug possession defendant.

Andre Wallace is charged with possession with intent to distribute heroin while armed and unlawful possession of a firearm with a prior conviction.

According to the representative, Wallace, 57, has not been in full compliance with his GPS requirements. He has made detours while going to doctor appointments.

The prosecution asked for revocation. However, Wallace’s attorney, Anne-Marie Moore explained that Wallace now understands exactly what he has to do and is capable of being compliant.

Moore asked Judge Becker to give Wallace a curfew because he has a potential chance for employment.

Wallace must show PSA paperwork showing proof of employment. Judge Becker said she will continue to have Wallace on home confinement until the work papers are turned in.

Judge Becker scheduled Wallace’s next hearing for Oct. 19.

Judge Becker discharged a show cause hearing for a defendant charged in seven different cases.

Rodrigues Key is charged with possession of PCP, unlawful entry onto private property, second-degree theft, shoplifting and a bail violation.

According to the PSA representative, Key, 28, has come into full compliance with his release conditions.

The prosecution asked for the conditions of release to be continued and the defense agreed. Judge Becker granted the request.

A status hearing for Key is scheduled for March 17, 2021.

Judge Becker continued a show cause hearing for a second-degree theft defendant

Rodre Holloway, 22, did not show up to his hearing. His defense attorney, Martin Rosendorf could not get in touch with him.

According to the PSA, Holloway last reported to them on Sept. 9.

The PSA also mentioned that Holloway currently lives in Virginia.

Judge Becker continued the hearing to give Rosendorf more time to get in touch with his client.

Judge Becker scheduled Holloway’s next hearing for Oct. 1.

Judge Becker continued a show cause hearing for an assault defendant after the defendant and the defense counsel did not appear.

Andre Ruddock is charged with simple assault. Ruddock, 41, allegedly punched a man at the Metro Station Metro Center Entrance on March 21.

According to the PSA, Ruddock has been a loss of contact.

Ruddock’s attorney, Joseph Fay, was not present at the hearing either. Judge Becker scheduled the hearing for Sept. 25 in order to reach defense counsel.

Judge Becker continued a show cause hearing for Ronald Gooding, who is charged with destruction of property less than $1,000.

According to the PSA, Gooding, 26, has never been in contact with them. Gooding’s defense attorney, Steven Polin, said he was never given any contact information to reach his client.

The prosecution requested a bench warrant because of Gooding’s absence in court.

Polin argued that Gooding has no criminal history. He asked for time to reach his client.

Due to the charge, Judge Becker granted the defense’s request.

Judge Becker scheduled Gooding’s next hearing for Oct. 21.

Judge Becker continued a hearing for a defendant charged in three cases.

Darryl Matthews is charged with unlawful entry onto private property and a bail violation.

According to the PSA, Matthews, 37, has not reported to them since the beginning of March.

Matthews was not in court but according to his attorney, David Cumberbatch, Matthews had no knowledge that he had to be in court today.

Judge Becker will give Matthews a chance to appear before a bench warrant is issued.

Judge Becker scheduled Matthews’ next hearing for Oct. 5.

Judge Becker discharged a show cause hearing for another defendant.

Morton Perry is charged with robbery while armed, possession of a firearm during a crime of violence, attempt to commit robbery while armed, assault with a firearm, unlawful possession of a firearm, carrying a pistol without a license, destruction of property $1,000 or more, fleeing a law enforcement officer, leaving after colliding property, possession of an ammunition feeding device and unlawful possession of ammunition.

According to the PSA, Perry has only recently gotten back in touch with them.

Perry explained some personal issues that he’s recently dealt with that has kept him from being in full compliance.

The prosecution requested for Perry to be put on home confinement because of his prior history of compliance while under the High Intensity Supervision Program (HISP.)

“The request for HISP is overkill,” said Perry’s attorney, Wole Falodun. “He has not committed any crimes for over three years now.”

Judge Becker agreed with Falodun. However, she advised him to remain compliant.

Judge Becker scheduled Perry’s status hearing for Oct. 8.

Defendant Held for Carjacking, Pending Grand Jury

After witness testimony and legal debate, a DC Superior Court judge found probable cause to move a carjacking case forward for a grand jury.

Tyrell Frieson, 34, is charged with unarmed carjacking in connection with an incident that occurred on March 18 on the 500 block of 23rd Street, NW.

During the Sept. 21 preliminary hearing, Judge Robert Okun determined that the case had probable cause. However, he questioned if the alleged offense more closely resembled theft than carjacking.

Theft carries a lighter sentence than carjacking, according to Justia, a legal resources website. In DC, the minimum sentence for carjacking is seven years and the maximum is 21 years, according to the DC Code. The minimum sentence for theft is two and a half years and the maximum is 15 years.

Defense attorney Peter Fayne argued that carjacking differentiates from theft because it requires force or violence. Fayne argued that his client, who was unarmed when the alleged crime occurred, did not commit any acts of violence.

Fayne also argued that the vehicle was already stolen when the victim managed to jump into the backseat of the vehicle; therefore, the crime has already been committed – and that crime is theft.

However, the prosecution argued that because the e-brake was still on when the victim jumped into the backseat, the vehicle must not have moved; therefore, the crime had not yet been completed.

The prosecution further argued carjacking is a subset of robbery in which sudden or stealthy seizure is considered violent. The prosecution also argued that there was violence since there was a physical struggle in the vehicle and the defendant smacked the victim’s phone out of their hand when trying to call the police.

Judge Okun said that, while this is one of the weaker carjacking cases he’s seen, the events are consistent with a carjacking.

He agreed with the prosecution’s argument of force or violence being broadly interpreted as a sudden or stealthy seizure.

Judge Okun noted that when the victim attempted to repossess his car, there is violence. In accordance with previous case law, the defendant does not have to take possession of the vehicle initially but could possess it at any point during the crime.

Judge Okun also decided to continue holding the defendant at DC Jail.

Noting the defendant’s intent to submit a plea of insanity, the court set a date for a Criminal Responsibility Exam which will occur on Nov. 18.

On March 3, the victim, a Uber food driver, was delivering an order to a client and decided to leave his keys in the ignition and the door unlocked of his rental car. The victim said that, as he was returning to his vehicle, he noticed the defendant walking around the vehicle and eventually getting in the car.

According to court documents, upon seeing the defendant get into the vehicle, the victim ran to the car and yelled at the defendant. Frieson put the car in drive and attempted to leave the scene but could not because the parking brake was on. The victim proceeded to enter the vehicle through the rear passenger door in an attempt to repossess the car.

Both parties engaged in a physical altercation. Frieson tried to slap the victim’s phone out of their hand when they said they were going to call the police.

The defendant proceeded to crash the car into a tree and light post. The victim was thrown from the backseat and into the windshield. He was treated for injuries at a local hospital.

Frieson was later picked up by canvassing officers after a witness reported seeing a man without shoes leaving the scene.

Judge Sentences Defendant for GPS Tampering

On Sept. 21, a DC Superior Court judge sentenced a defendant who pleaded guilty to GPS tampering.

Davon Whitaker, 29, picked up the charge for removing his GPS monitor on April 28. The defendant reported to Court Services and Offender Supervision Agency (CSOSA) the following day to have a new monitor installed.

Whitaker was on supervised release for unauthorized use of a vehicle, fleeing a law enforcement officer and destruction of property at the time of the offense

Judge Michael O’Keefe sentenced Whitaker to time served.

Whitaker’s attorney, Cynthia Goode Works, asked the judge for time served. Works said the defendant admitted to removing the monitor and reported to CSOSA the next day to have a new monitor installed.

Judge O’Keefe agreed with the defense.

The defendant must also pay $50 to the Crime Victims’ Compensation Program.

Judge Releases Defendant Convicted of Violent Behavior

After a defendant spent four month at the DC Jail, a DC Superior Court judge decided to release the defendant on time served for his offenses.

Riaz Noory, 29, was originally charged with assault with intent to commit first-degree sexual abuse, threat to kidnap or injure a person and assault with a dangerous weapon. On Sept. 21, he pleaded guilty to simple assault, attempted possession of a prohibited weapon and attempted threats to do bodily harm.

Judge Juliet McKenna sentenced the defendant to 180 days plus 18 months of probation for the simple assault charge. Judge McKenna also sentenced the defendant to 120 days, all of which were suspended, plus 18 months of probation for attempted threats. Noory was also sentenced to 180 days, all of which were suspended, plus 18 months of probation for attempted possession.

The sentences for simple assault and attempted threats will run concurrently. The sentence for attempted possession will run consecutively to each of the other two sentences.

He was released from DC Jail on Sept. 21 after receiving credit for time served.

On March 26, Noory entered an apartment on the 1300 block of 4th Street, SE that the victim was visiting and punched him in the face. The victim tried to escape, but the defendant chased him through the apartment with scissors, according to court documents. Noory cornered the victim in a closet and threatened to harm him if he did not take off his clothes and bend over.

“Fear and retreat wasn’t enough for Mr. Noory,” the prosecutor said. “Even after getting his pound of flesh that he thought he was owed, it wasn’t enough.”

Two witnesses pulled Noory off the victim and the defendant fled the apartment, the documents state.

The second incident occurred on May 22, when Noory threatened to harm another driver on the 1000 block of Delaware Avenue, SW. Noory exited his vehicle and started yelling at the second victim in front of Metropolitan Police Department (MPD) officers.

While in DC Jail, Noory encountered several hardships, including the unexpected death of his brother and being attacked by several inmates, his defense attorney Richard Finci said.

“No one should endure the karma that fell upon my client,” Finci continued. “He has been punished in an unexpected and extreme way.”

On Aug. 2, Noory’s younger brother and two close friends of the defendant drowned in a boating accident on the Potomac River, counsel said.

The defendant was released for 24 hours to attend the funeral. Finci said his client was only given one day to mourn with his family, which wasn’t enough time for members of his culture to grieve. The lawyer said Noory’s family were prominent members of the Afghan community.

Two weeks later Noory’s grandmother passed away from the coronavirus. He was not allowed to attend the funeral.

While held in jail, Noory was also attacked by two inmates. He suffered a broken nose and a fractured cheekbone. The defendant has been held in protective custody for the past two weeks as a result of the attack.

Finci said Noory began to experience psychogenic nonepileptic seizures that landed him in the hospital on two separate occasions. According to an article published on the U.S. National Library of Medicine’s website, the seizures “may appear similar to epilepsy but are caused purely by the emotions.”

“You will never see me again if you give me a chance to go home,” Noory told Judge McKenna.

The defendant’s probation conditions include a stay away order from the second victim, not harass, abuse, threaten or stalk (HATS) the first victim, a mental health assessment and anger management program.

“He has learned from his mistakes,” the first victim told the judge during his impact statement. “He should be with his family during this time of healing and grief.”

Noory must also pay $150 to the Crime Victims Compensation Program.

Probable Cause Found in Sex Abuse Case

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

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

According to court documents, the victim said she was walking to a gas station on the St. Elizabeth’s Hospital campus on July 11 when the assault happened.

The defendant allegedly exposed himself to the victim and continued to follow her after she told him to leave her alone. The defendant allegedly grabbed the victim’s hair, knocked her to the ground and began to remove her clothes. A witness called the police.

During the Sept. 22 preliminary hearing, a Metropolitan Police Department (MPD) detective testified that another MPD officer showed the victim a photo array of suspects. The victim was able to positively identify the defendant with 100 percent confidence.

Defense attorney Prescott Loveland questioned the accuracy of the evidence, citing a nine-minute discrepancy between the video surveillance and the 911 call and inconsistencies with the victim’s story. He also argued the description provided by the witness and victim matched several other males in the area, citing audio from an MPD Body Worn Camera (BWC.)

Judge Todd Edelman’ said his reasoning for the probable cause ruling is based on the court report displaying all elements of sexual assault and the confident identification of the defendant by the victim. He disagreed with Loveland’s argument that inconsistency with the victim’s story does not constitute probable cause.

“Inconsistencies [are to] be expected given the traumatic nature of this case,” said Judge Edelman.

The prosecution submitted several documents into evidence, including a composite of video surveillance and audio of the 911 recording. These documents also contributed to s decision to find probable cause.

The prosecutor argues that the defendant should remain held in DC Jail. The prosecution found a pattern of escalating series of conduct when reviewing the defendant’s prior offenses. This included the defendant being kicked out of a shelter, an assault with a dangerous weapon charge, three bench warrants and two accounts of simple assault.

However, Loveland pointed out that most of his client’s priors were misdemeanors. He also said his client has a strong support system of family and employment connections in the community to warrant high-intensity probation. Loveland also noted that due to COVID-19, trials are on hold.

While Judge Edelman did acknowledge Loveland’s point regarding how COVID-19 has affected trials, he agreed with the prosecution’s argument on the defendant’s pattern of increasingly violent acts. He also noted the defendant’s support system has not prevented the recent criminal acts.

The defendant’s next hearing, a felony status conference, is scheduled for Nov. 23.

Judge Sentences Defendant Following Plea Deal

On Sept. 21, a DC Superior Court judge sentenced a defendant for simple assault and attempted possession of a prohibited weapon.

As part of a plea deal with the prosecution, Ahyende Gray’s other two cases, in which he was charged with unlawful entry into private property, were dropped.

Judge Michael O’Keefe sentenced Gray, 21, to 180 days for each charge. The sentences are set to run concurrently.

“He is not new to the criminal justice system, his conduct has escalated over time,” Judge O’Keefe said while explaining his rationale for passing this sentence.

The defendant picked up the case for engaging in an argument with the victim, then stabbing the victim in the face with a sharp stick at the intersection of 16th Street and H Street, NW. The victim was treated for a laceration at an area hospital.

Gray must also pay $100 to the Victims of Violent Crime (VVC) compensation fund.

Defense Gets More Time to Discuss Plea Offer

On Sept. 20, a DC Superior Court judge continued a hearing to give the defense more time to consider a plea offer from the prosecution.

Demetrius Golden is charged with assault with a dangerous weapon for allegedly shooting a victim on March 26 on the 3200 block of Georgia Avenue, NW. The victim sustained non-life threatening injuries.

Judge Michael O’Keefe granted defense attorney Sharon Weathers’ request for more time, scheduling another hearing for Oct. 1.

Golden, 38, is currently being held at DC Jail.

Document: 1 Killed, 1 Wounded in Southeast, DC

The Metropolitan Police Department (MPD) is investigating a homicide that happened on Sept. 18.

At around 9:00 p.m., officers responded to the 2300 block of Ainger Place, SE for the report of a shooting. Upon arrival, police found an unconscious male suffering from gunshot wounds. Upon canvassing the area, they also found an adult female suffering from graze wounds.

The man, 56 year-old Marcos Brooks, was pronounced dead on the scene.

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Document: Police Seek Suspects in Assault Case

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying suspects in connection with assault with intent to commit robbery offenses that occurred on Sept. 19 on the 1300 block of 13^thStreet, NW.

At around 1:38 a.m., one of the suspects approached the victim with a handgun, and demanded their property be handed over. The victim did not comply, and the suspect fled the scene with two additional suspects. No injuries were reported.

The suspects can be seen in the photos.

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Document: Officer Involved Shooting in Northeast, DC

The Metropolitan Police Department’s (MPD) Internal Affairs Bureau are investigating an officer involved shooting that happened on Sept. 18.

At around 11:13 p.m., a suspect who was armed with a gun confronted an off-duty MPD officer on the 4200 block of Minnesota Avenue, NE.

There was an exchange of gunfire. The suspect fled the scene, and was found with a gunshot wound. He was taken to the hospital with non-life threatening injuries.

A firearm was recovered from the scene.

The officer was not injured.

In accordance with MPD policy, the officer has been put on administrative leave. Responding officers activated their body worn cameras. That footage is currently under review.

The suspect, a 17 year-old resident of Northeast, DC, was arrested for assault with a dangerous weapon, first-degree theft, carrying a pistol without a license outside a home or business, and unauthorized use of a vehicle.

The suspect will also be charged as an adult for his outstanding felony arrest warrant for an armed robbery that occurred on July 25.

At around 12:07 a.m., two suspects approached the victim on the 600 block of Division Avenue, NE. They tried to steal the victim’s scooter. One suspect shot the victim with a gun. The suspects fled the scene. The victim was taken to a hospital with non-life threatening injuries.

This case remains under investigation.

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Judge Holds 7 Defendants During Initial Hearing Over Weekend

DC Superior Court Judge Heide Herrmann decided to hold seven defendants on Sept. 19.

Three of the defendants, who missed prior court hearings, were held along with defendants who had pending cases, and a prior conviction.

Jamal Calloway, 31, is charged with robbery after he allegedly stole money from a man in a wheelchair on U Street, NW. The prosecution revealed that Calloway has six pending misdemeanor cases, so Judge Herrmann held the defendant because he has proven himself to be a danger to the community.

Judge Herrmann held Devon Wilson, 40, on charges of assault with a dangerous weapon and unlawful possession of a firearm with a prior conviction. After his car was towed, the defendant refused to pay for the service and brandished a gun at the tow truck driver. Wilson recently failed to appear in court for another case, which led the judge to her decision.

Robert Mayweather is charged with being a fugitive from justice in Virginia, with an underlying charge of robbery. The defendant has three pending misdemeanor cases in DC, with charges of assault, second-degree theft and a BRA violation. Mayweather waived his right to an extradition hearing and Judge Herrmann chose to hold the defendant until authorities in Virginia retrieve him.

James Bell, 51, is charged with assault with a dangerous weapon. On Sept. 18, the defendant allegedly stabbed two people with a double-bladed knife after they had confronted him about stealing materials. Judge Herrmann held the defendant after reviewing his prior record, which established a pattern of violence.

Judge Herrmann held a male domestic violence defendant on charges of assault, unlawful entry of private property, destruction of property, contempt, and two outstanding bench-warrants. Pretrial Services Agency (PSA) confirmed that the defendant was a loss of contact in his two prior domestic violence cases. Judge Herrmann said that she fears for the safety of the complaining witness if she releases the defendant.

Theodore Boone III, 27, was held for unlawful possession of a firearm with a prior conviction and for a large capacity ammunition feeding device. Judge Herrmann held the defendant due to his prior charge of robbery with a dangerous weapon in Maryland.

A male defendant charged with two counts of misdemeanor sex abuse and, who also has an outstanding bench-warrant, was held for his underlying charges. He had another hearing at the DC Courthouse later that day. The judge of his second hearing decided to release him.

Four defendants with domestic violence charges were released. Three of those defendants were given stay away orders, while one female defendant was ordered not to harass, assault, threaten, or stalk (HATS) the alleged victim.

One male defendant is charged with carrying a rifle or shot-gun outside a home or business and was released against the request of the prosecution. The defendant lives in Georgia and fully cooperated with the Metropolitan Police Department (MPD) officers.

A defendant is charged with being a fugitive from justice and was released by Judge Herrmann. He is ordered to go to Virginia to take care of the charge as a condition of release.

Five defendants are charged with misdemeanors including tampering with GPS devices, attempted threats to kidnap or injure a person, unlawful distribution of a controlled substance, assault and second-degree theft. Three of the defendants were given stay at way orders as a condition of release. One defendant was ordered to get a new GPS device, while the other defendant was given a no HATS order.

Judge Herrmann released one male defendant on charges of driving under the influence of drugs or alcohol, property damage, and driving while impaired. As a condition of release, the defendant is not to drive without a valid license and to never drive after drinking or doing drugs.

Judge Holds 4 and Releases 23 During Initial Hearing

During initial hearings on Sept. 18, a DC Superior Court judge released 23 defendants and held four at DC Jail.

A juvenile was held for armed robbery, and as a fugitive of justice with an underlying armed carjacking charge. According to court documents, during an interview with police, the defendant allegedly admitted to participating in nine separate robberies.

Judge Herrmann scheduled the defendant’s next hearing for Oct. 8. He will have an extradition hearing for his fugitive charge on Dec 23.

A domestic violence defendant is charged with two counts of contempt and simple assault. Judge Herrmann said, due to three separate pending cases, she could not guarantee the safety of the community or the victim.

She held the defendant, and scheduled his next hearing for Oct. 6. Judge Herrmann also ordered the defendant stay away from the victims and locations in the cases.

Another defendant is charged with first-degree sex abuse and robbery. Because the defendant picked up these charges while on release for a separate case, Judge Herrmann said she could not guarantee he would be compliant and ordered him held.

His next hearing is scheduled for Oct, 8.

The last defendant who was held is charged with armed robbery. Judge Herrmann said that, due to his violent criminal history, he is a potential danger to the community and ordered that he be held.

His next court date is also scheduled for Oct. 8.

Five defendants are charged with being fugitives of justice, and were released to turn themselves in to the respective jurisdictions. Judge Herrmann scheduled the extradition hearings for Dec. 23. Two defendants, who are wanted in Maryland, have outstanding warrants for probation violation and assault.

One defendant had a bench warrant for failure to appear in court, but was released on the promise to appear in court next week on Sept. 22.

One defendant, charged with destruction of property, was also released. The defendant may only return to the location of the crime with a police escort. The defendant was also given a stay away order.

A 29-year-old defendant, charged with receiving stolen property and failure to appear in court, was released in both cases and ordered to check in with their probation officer.

Two defendants were released with stay away orders. One defendant is being charged with destruction of property. The other with assault and destruction of property.

One defendant was charged with contempt. Judge Herrmann said she saw the defendant yesterday and ordered him to stay away from the location of the crime. However if he needed to obtain any belongings he must have a police escort. Judge Herrmann stated that the defendant would be held if he violated this condition again.

Three defendants charged with simple assault were released with stay away orders. One of the assaults resulted in significant bodily injury to the victim.

A 40-year-old defendant is charged with operating a vehicle while impaired and driving without a permit. Judge Herrmann released him with the condition that he does not drive without a valid license, or when he is under the influence of narcotics or alcohol. He must also participate in any assessments deemed necessary by the Pretrial Services Agency (PSA).

A defendant is charged with leaving after colliding with property and reckless driving. He was released and ordered to not drive without a valid permit.

Three defendants are charged with possession with intent to distribute a controlled substance. One defendant must have his GPS reinstalled. Another defendant was given stay away orders from various locations. The third defendant was released with the condition that he report to the PSA weekly.

A 26-year-old defendant charged with simple assault and attempting to possess a prohibited weapon was released with a stay away order. He is being charged in a separate assault case.

A defendant is charged with simple assault and attempted second-degree theft. Judge Herrmann released the defendant based on the fact that the cases are misdemeanors. Judge Herrmann emphasized that the defendant must get back into contact with the PSA.

One defendant was charged with attempted threats to do bodily harm. The defendant was released by Judge Herrmann with a stay away and an order to not contact order the victim.

Another 26-year-old is charged with threats to do bodily harm and destruction of property. He was released with orders to report to the PSA on a weekly basis.

Case Acquitted: Judge Finds Probable Cause for Murder Case

This case was acquitted on Nov. 15, 2023.

A DC Superior Court judge ruled that a murder case has enough evidence to go to trial and held the defendant at DC Jail.

Michael Austin is charged with second-degree murder while armed for allegedly shooting 26-year-old Kayvon Kinney on the 1800 block of Gainesville Street, SE on May 24.

The preliminary hearing lasted over the course of two days. During the first day, Sept. 17., the prosecution presented video footage that shows a group of people arguing and then going inside a building on the day of the murder. Later gunshots are heard in the video.

A man, who authorities say is Austin then ran to his car and fled the scene.

The Metropolitan Police Department (MPD) recovered eight shell casings from the scene. All casings were from the same firearm. However, MPD did not recover a firearm.

The lead MPD detective said that one of Kinney’s close friends, who is one of the witnesses, said that Austin and Kinney were arguing and Austin shot Kinney. Kinney was allegedly the instigator and the aggressor of the argument based on the detective’s interview with the witness.

Another witness said he heard gunshots. According to the detective, the witness did not interact with Austin or Kinney.

Defense attorney Leo Alley asked the detective, “aside from what witness told you, do you have any reason to believe there was conflict between witness and any other party in this case?” The detective answered, “no.”

Austin was arrested in Atlanta, Georgia on a warrant for murder weeks later. According to the defense, the judge in Atlanta released Austin on July 2, he then reported back to DC as instructed.

The detective also interviewed a witness that is close friends with the defendant. According to the detective, the witness said she also heard gunshots but was inside of her apartment grabbing her phone.

The witnesses’ phone was searched. One of the messages read “…he was all in [another witness] face and pushing Mikey.” Mikey was identified as Michael Austin.

The prosecution argued that there was enough evidence to find probable cause.

“Based on witness one’s interview with the police, the decedent is the only one arguing with the defendant and gunshots are heard in the video,” said the prosecution. “The eight casings were found from the same weapon which indicated one shooter. It’s telling that the defendant is running to his vehicle after the gunshots and essentially speeds away. The defendant leaves the DMV that night and makes no contact with his family until he gets arrested in Georgia.”

However, Alley argued that the prosecution was basing their findings on “thin circumstantial evidence.”

“The fact that he left the area is a natural reaction to hearing gunshots,” said Alley. “The decedent was extremely intoxicated and the witnesses said that the decedent was the aggressor. We also know that there was a second person in the courtyard who walked to the scene of the crime and up the stairs afterward.”

Judge Neal Kravitz found probable cause. Austin fleeing the scene after the shooting was a big reason why. Judge Kravitz also said that the circumstantial evidence shows that Austin was the one most engaged in the arguments with Kinney.

Alley asked if his client could be released into the High Intensity Supervision Program (HISP) because he turned himself in upon learning of his arrest warrant.

Judge Kravits denied the request because of the violent nature of the offense.

Judge Kravits scheduled Austin’s next hearing for Dec. 1.

Judge Issues Four Bench Warrants, Revokes One Probation During Show Cause Hearings

A DC Superior Court judge issued four bench warrants, sentenced one individual, revoked one probation and continued three hearings during pretrial and probation show cause hearings on Sept. 18.

Judge Judith Smith issued a bench warrant for a 33-year-old defendant, who failed to appear to court. The defendant is charged with misdemeanor sex abuse. He has not reported to the Pretrial Services Agency (PSA) since his release on Aug. 21.

A bench warrant was issued for Eynwood Whichard, who has been a loss of contact and has failed to appear in court.

Whichard, 34, is charged with assault on a police officer. He failed to report to the agency since his release on July 13.

Judge Smith also issued a bench warrant for Patrick Brewer in a probation show cause hearing.

In November 2019, he pleaded guilty to attempted unauthorized use of a vehicle and possession with the intent to distribute a controlled substance.

When he was on pretrial release, he received noncompliance reports. He also received noncompliance reports on probation. A bench warrant was issued in March 2019.

Brewer is still a loss of contact with the Court Services and Offender Supervision Agency (CSOSA) and did not show up to his hearing.

The last bench warrant issued was for all three of Erik Scoggins’ cases.

Scoggins’, 41, is charged with simple assault, attempted threats to do bodily harm and attempted possession of a prohibited weapon. In another case he is charged with attempted threats to do bodily harm, attempted possession of a prohibited weapon and simple assault. And, in his third case he is charged with a misdemeanor bail violation.

Scoggins pretrial release conditions included reporting to PSA weekly by phone, which he failed to do. PSA reported that they still have not heard from him. In November 2019, he received a bench warrant.

Judge Smith sentenced another 43-year-old defendant after he decided to plead guilty to attempt to carry a pistol without a license.

Wyatt Marsh, who also goes by Cary Lamont Miles, was originally charged with carrying a pistol without a license outside of a home or business and possession of a large capacity ammunition feeding device.

Per the guidelines of his plea agreement, all other charges against him were dismissed. He was sentenced to 90 days, all time suspended, and given six months of unsupervised probation. Marsh must also register as a gun offender.

The judge revoked Cecil Vines’ probation and re-sentenced him in a probation show cause hearing.

Vines, 58, pleaded guilty to attempted distribution of a controlled substance on Jan. 17. He was sentenced to ten months, all time suspended and owed $100 to the Crime Victims Compensation Program. Vines was also given one year of supervised probation with a requirement to participate in a drug treatment program and mental health screening and evaluation.

Vines has had several violation reports with regard to GPS monitoring and with reporting to CSOSA. He has also refused to participate in required drug and mental health treatment services. As a result, Judge Smith re-sentenced him to six months in jail.

Judge Smith scheduled a continued pretrial show cause hearing for Patrick Alexander to give his defense attorney time to contact him.

Alexander, 56, is charged with failure to register as a sex offender. Since his pretrial release, he has had several notices of noncompliance and several bench warrants filed against him. He has a significant history of failing to appear but the judge gave his attorney one last try to reach him.

A pretrial show cause hearing was continued for Kevin Hodge for Oct. 2.

Hodge, 30, is charged with assault on a police officer in two cases. In addition to the alleged violations of his pretrial release conditions, he did not show up to court. His defense attorney, Jamison Koehler, said his client is currently at the Psychiatric Institute of Washington (PIW).

The judge scheduled a continued probation show cause hearing for Marquis Hicks for Sept. 22.

Judge Smith made this decision to allow more time to get more information from prosecutor, Mike Britton, to see how the court should proceed in this case.

On Nov. 28, 2012, Hicks pleaded guilty to conspiracy, assault with a dangerous weapon and robbery while armed. He has had several notices of noncompliance with the conditions of his probation since his release. According to CSOSA, he has been a loss of contact since March 27.

Prelim Set in Manslaughter Case

During a hearing for a manslaughter defendant, attorneys told a judge that they were engaging in discussions for a plea deal.

Tyrone Hector, 52, is charged with the involuntary manslaughter of Derrick Benson on Aug. 28.

Hector picked up the case in August when his pick-up truck collided with Benson, 43, who was traveling on a scooter, at the intersection of Constitution Avenue and 11th Street, NE. According to court documents, Hector was traveling in the wrong direction on the one-way street when he struck Benson. Benson was pronounced dead at the scene.

Defense attorney Anthony Matthews and the prosecution discussed a potential timeline for the procession of the case. Neither party has come to an agreement, it is unclear whether the preliminary hearing, which will determine if the case will move to trial, would occur on Oct. 30, or sometime in November.

Another hearing has been set for Oct. 16 to ensure both parties are in agreement before the preliminary hearing. If a plea deal is accepted or the preliminary hearing needs to be converted to another hearing the court will need to be advised by Oct. 23.

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