Judge Releases Defendant

On July 24, a DC Superior Court judge released a defendant who was charged with shoplifting and unlawful entry.

Juven Luis was arrested on May 1 after Luis disobeyed a barring notice from the unit block of Dupont Circle, NW.

Judge Jonathan Pittman decided to release Luis, reminding him of the stay away order implemented against him and ordering him to continue complying with medication and community mental health services.

Luis allegedly returned to the barred location daily after he was ordered to stay away. The suspect allegedly tried to leave the establishment without paying for his items when he was placed under arrest.

Judge Pittman previously ordered a full mental evaluation for Luis on July 16. The Department of Behavioral Health (DBH) delivered the report on July 22.

The report indicated that Luis was competent to stand trial, and that he had been receiving mental health treatment at DC Jail.

Luis’ attorney, Thomas Lester, then requested Luis’ release based on his competency report. The prosecution did not object to Luis’ release, but asked that he be reminded of the stay away order and admonished to comply with mental health services.

The prosecution said a Deferred Prosecution Agreement (DPA) was offered before the hearing.

Judge Pittman said a diversion agreement would be less problematic amidst the COVID-19 pandemic, which the prosecution agreed to consider.

Luis is scheduled to appear in court again on Sept. 17 to discuss the status of his case.

Judge Holds Defendant, Says He Is A Danger to Victim

On July 24, a DC Superior Court judge decided to hold a defendant, saying his conduct during his pretrial release shows he is a danger to a victim.

Mark Anthony, also known as Huber Frescas, is charged with stalking, destruction of property less than $1,000 and unlawful entry. He was arrested on June 20, after he broke into the victim’s home in the 4900 block of 1st Street, NW. Anthony, 39, had been stalking the victim since May 9, and the unlawful entry was his third incident with the victim.

When Anthony was first presented before the court on June 20, Judge Sean Staples released him on his personal promise to return to court, along with GPS monitoring. Within hours of his release, Anthony was arrested again. and He never reported to the Pretrial Services Agency (PSA) to receive his GPS monitor.

Anthony’s release was immediately revoked, and a bench warrant was issued for his arrest. Anthony was detained on July 16, and has been in DC Jail ever since.

Anthony’s attorney, Gregg Baron, requested that his client be released on some sort of supervision condition. Judge Jonathan Pittman denied Baron’s request, saying Anthony’s behavior was “really troubling.”

When explaining his decision, Pittman cited the PSA representative’s comment, which implied that GPS monitoring will only alert PSA if Anthony went near the stay away area, but will not prevent him from going to it.

The judge also mentioned additional charges that Anthony had picked up in Maryland.

Anthony is being held in DC Jail until his next hearing, which is scheduled on July 31.

Judge Issues Bench Warrant for Defendant’s Arrest

A DC Superior Court judge issued a no bond bench warrant for the arrest of a defendant who failed to appear in court and who’s also been a loss of contact.

Damarius Albritton, 26, pleaded guilty in both January and March to five second-degree theft charges. Four of the offenses occurred in October 2019, while the remaining one occurred last February. Albritton stole various goods from stores throughout DC.

Albritton was sentenced in January to 30 days in jail and 18 months of probation for three of the offenses. He faced the same sentence again after a guilty plea in March.

Susan Ellis, Albritton’s attorney, told Judge Danya Dason that it was possible her client’s failure to appear on July 24 was because he had not been made aware of the hearing. She said she had not been notified of the date, which was moved forward from Sept. 14.

However, a representative with the Court Services and Offender Supervision Agency (CSOSA) said Albritton had not made any contact with him and that he did not know where he was. He also said Albritton’s father was also unaware of his whereabouts.

The July 24 hearing had been scheduled to assess multiple allegations of Albritton’s noncompliance with probation. When he next appears in court, he will have to provide an explanation for why his probation should not be revoked or modified because of his compliance violations.

Assault Defendant Held on Cash Bond

A DC Superior Court judge decided to hold an assault defendant on a $5,000 cash bond on July 24.

Clifford Dyson, 24, was charged with assault on a police officer earlier on July 24. Dyson was also being held pending sentencing on an unlawful possession of a firearm charge.

The prosecution asked for Dyson to be held, citing Dyson’s multiple prior convictions and pending cases.

Judge John Campbell granted the prosecution’s request. However, at the request of the defense, Judge Campbell also agreed to set a cash bond for Dyson’s hold.

Dyson is scheduled to appear in court again on Aug. 21 to discuss the status of his case.

Document: Police Arrest Suspect for Assault on Benning Road, NE

Officers from the Metropolitan Police Department arrested a suspect who is believed to be connected to a gun fight on June 30.

According to a press release, officers went to the 4400 block of Benning Road, NE because of sounds of gunshots. When there, they found a damaged vehicle.

The investigation revealed that subjects, an exact number is not known, were exchanging gunfire at the location. There were no injuries.

The case remains under investigation.

Anyone who has information should call police at (202) 727-9099 or text your tip to the Department’s Text Tip Line — 50411. The department currently offers a reward of up to $10,000 to anyone who provides information that leads to the arrest and conviction of the person or persons responsible for a violent crime committed in the District of Columbia.

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Judge Doesn’t Release ‘Mentally Incompetent’ Defendant

DC Superior Court Judge Michael Ryan did not release a defendant who was found mentally incompetent.

Omar Spriggs is charged with simple assault, attempted possession of a prohibited weapon, attempted threats to do bodily harm, destruction of property less than $1,000 and assault with significant bodily injury while armed.

Spriggs, 41, has been detained at St. Elizabeth’s Hospital, DC’s psychiatric institution, since Jan. 23. He repeatedly refused to take part in competency assessments until June 16, when the Department of Behavioral Health (DBH) submitted their report to the court.

The defendant was found mentally incompetent, as the DBH and defense attorney, Donna Beasley, recommended.

The prosecution requested another hearing with continued attempts to restore Spriggs’ competency. The hearing, held July 24, found that the defendant was still incompetent.

Spriggs allegedly smashed a car window on Dec. 4 on the 500 block of Indiana Avenue, NW. When a Metropolitan Police Department (MPD) officer was talking to the victim, the defendant spontaneously said, “I smashed the window. I smoke crack. I’m sorry.”

The defendant continued to say he gets in fights with white people and that he was going to keep smashing windows.

On Dec. 23 on the 500 block of Pennsylvania Avenue, the defendant allegedly punched a victim after she did not provide him with the money he asked for. He then fled the scene.

The next day, Spriggs allegedly attempted to rob a woman and tackled her to the ground on the 800 block of Pennsylvania Avenue, NW. When the police arrived, he got into a verbal altercation with the victim. When she walked away, the defendant grabbed a bottle and tossed it towards her back. He tried to throw another unknown object at the victim, but was stopped by an MPD officer.

Spriggs also allegedly walked up behind a victim and struck them in the head with a club that had a metal screw protruding from it. This caused uncontrolled bleeding in the victim’s brain and required emergency surgery to alleviate brain swelling. The incident occured on Dec. 26 on the 700 block of 4th Street, NW.

Defendant Given More Time to Come Into Compliance

A DC Superior Court judge granted a defendant one month to come into compliance with the conditions of his probation.

Mustafah Mobley pleaded guilty in January to attempted fleeing and was sentenced to one year of probation. He also has a suspended sentence of 45 days.

During the July 24 proceedings, a representative with the Court Services and Offender Supervision Agency (CSOSA) said Mobley has repeatedly failed to comply with the conditions of his probation. These allegations include multiple failures to report for drug testing, including one positive drug test and a low battery alarm for his GPS.

Most of those violations are from before April. Mobley’s most recent violation is from July 23, when he was referred to a random drug test and refused to go.

Both the CSOSA representative and the prosecution requested that Judge Danya Dason revoke Mobley’s probation.

“This has just been flat-out refusal [to comply],” said the prosecutor. “He should stop wasting the resources of the community.”

The CSOSA representative also said that Mobley has regularly failed to call in for his bi-weekly meetings, which are currently taking place over the phone due to the COVID-19 pandemic.

“He just does not want to do it,” said the representative.

Judge Dason did not revoke Mobley’s probation.

Instead, Judge Dason ordered Mobley to come into compliance with his probation, telling him that he must complete a drug test as early as he can before July 28.

“This is the easiest high intensity probation ever,” Judge Dason said. “You might as well get it done now. Or don’t.”

Mobley is scheduled to return to court to assess his compliance on Aug. 24.

Judge Plans to Release Incompetent Defendant

A DC Superior Court judge continued a July 24 hearing to July 27 so the defendant may be safely released.

On April 26, 2019, Jaquan Woodberry pleaded guilty to carrying a pistol without a license. He was sentenced to 9 months in jail, all of which were suspended, plus 18 months of supervised probation.

While on probation, Woodberry was charged with unlawful possession of a firearm.

The defendant is currently being held at St. Elizabeth’s Hospital, DC’s psychiatric institution. He was found incompetent due to cognitive limitations.

Defense attorney Rebecca Bloch argued for her client’s release. “I don’t see what continued hospitalization does for Mr. Woodberry except essentially warehousing him.”

The prosecution opposed the release, citing former noncompliance with probation. When he was previously released, the defendant received 15 violations of drug testing in roughly three months. The prosecution found this especially concerning, since Woodberry was under the influence of marijuana at the time of his offense.

The prosecution also said he had issues with GPS tampering and was a loss of contact with the Assertive Community Treatment (ACT) team.

While at St. Elizabeth’s, he was reported to have behavioral problems and be noncompliant with medication.

Bloch said Woodberry’s behavioral outbursts were the result of frustration of his hearings continuously being pushed back. His hearing was initially supposed to be held on March 31, but has since been delayed due to the COVID-19 pandemic.

Bloch said her client has been struggling with a prolonged period of hospitalization.

Judge Michael Ryan expressed a desire to release the defendant as soon as possible. He said that a mental health institution is not helpful to Woodberry, who has a developmental disability.

However, Judge Ryan decided against releasing the defendant because of safety concerns. “In my experience, bad things happen on weekends,” he said.

Judge Ryan plans to release the defendant at his next hearing.

Defendant Given 30 Days to Come into Compliance

On July 24, a defendant was given 30 more days to come into compliance with the conditions of his probation.

Aaron Williams pleaded guilty in December 2018 to simple assault. He was sentenced the following March to 60 days and one year of probation.

Even though the hearing was continued, Williams will have to maintain weekly drug testing and GPS monitoring. “Either you’re going to do this or you’re not,” DC Superior Court Judge Danya Dason said. “It’s up to you.”

During the July 24 proceedings, a representative with the Court Services and Offender Supervision Agency (CSOSA) said Williams was unable to complete two of his stays at the Re-Entry and Sanctions Center (RSC), a treatment facility for offenders with substance use disorders. She said this behavior is typical for Williams because he has struggled to complete other, similar programs.

The representative said Williams has allowed the battery for his GPS device to die. He has been accused of submitting a false sample for a routine drug test, among other violations.

Both the CSOSA representative and the prosecution requested that Judge Dayson revoke Williams’ probation.

“He doesn’t appear to take supervision seriously,” the representative said.

John Harvey, Williams’ attorney, asked that the matter instead be continued to allow his client more time to come into compliance. Harvey cited the extraordinary constraints of the COVID-19 pandemic, saying that Williams’ second failure to complete treatment at the RSC was due to fears of contracting the virus. The attorney said he is nor sure the Williams’ failure to charge his GPS was intentional.

He also said that while the representative implied that his client has been a loss of contact since July 1, he reported in person to have his GPS device taken off on July 8 after it was deactivated.

Harvey said his client, if given one more opportunity, would have sufficient motivation in coming into compliance, since any further violation would result in detention and would put him at a higher risk of possibly contracting coronavirus.

Williams is scheduled to return to court to assess his compliance on Aug. 26.

Judge Issues Summons for Defendant

On July 24, a DC Superior Court judge issued a judicial summons for a defendant who has been a loss of contact since his release in April.

Corey Holmes, 30, was charged with GPS tampering in April for a nearly year-old incident in which the battery on his court-ordered GPS device was dead for nine days in June of 2019. At the time, Holmes was on parole for a prior guilty plea to attempted second-degree burglary from 2012.

During the July 24 proceedings, Linden Fry, Holmes’ attorney, argued that it was possible his client was not aware of his responsibility to appear in court for this particular case. Holmes’ parole ended on April 30, six days after he was released pretrial on his GPS tampering charge.

Fry argued that, because Holmes’ parole had ended, he may have thought that this charge, which stemmed from that parole, had ended, too.

However, the prosecution requested that Judge Danya Dason issue a bench warrant for Holmes’ arrest. The prosecutor said that regardless of what Holmes understands, he was issued conditions to come into contact with pretrial services when he was charged with GPS tampering in April.

Holmes is a loss of contact, he said.

In addition to the summons, Judge Dayson also set an earlier date to address his absence of contact.

Holmes is scheduled to appear in court on Aug. 24.

Judge Gives Defendant More Time for Compliance

On July 24, a DC Superior Court judge reserved bench warrant rights for a domestic violence defendant who is a loss of contact, giving her additional time to come into compliance with the conditions of her pretrial release.

The defendant pleaded guilty to simple assault on March 13 and her case is currently pending sentencing. She has been on release since being charged in February, and has had to comply with court-ordered GPS monitoring.

According to a notice of noncompliance, which was filed on July 14 by the Court Services and Offender Supervision Agency (CSOSA), the defendant has not charged her GPS device since July 6, except for one time on July 18. The device’s battery has remained dead, and the defendant’s whereabouts are currently unknown by both her attorney, Edward Gain, and CSOSA.

However, during the July 24 hearing the prosecution refrained from requesting a bench warrant for the defendant’s arrest because it was unclear whether or not she was informed of the hearing.

At the prosecution’s request, Judge Danya Dason issued a judicial summons for the defendant to appear in court on Aug. 10 to address her noncompliance.

The defendant is currently scheduled to be sentenced on Oct. 28, the same day as her co-defendant. The two pleaded guilty to assaulting the same victim.

Judge Grants Independent Competency Evaluation for Defendant

A DC Superior Court judge granted a defense attorney’s request for an independent competency evaluation on July 24.

Dontelle Mott is charged with assault on a police officer while armed and assault with a dangerous weapon while armed for allegedly threatening Metropolitan Police Department (MPD) officers with a knife on the 1000 block of Wisconsin Ave, NW on Dec. 5.

Mott, 24, was transferred from DC Jail to St. Elizabeth’s Hospital, DC’s psychiatric institution, on Dec. 11. He was found mentally incompetent to stand trial on Jan. 13, Feb. 14 and March 13. However, he was found competent on April 21.

Defense attorney Kevin Oliver disagreed with the doctor’s finding and requested an independent evaluation.

Judge Michael Ryan approved the request and authorized $1,600 for testing.

However, Judge Ryan urged Oliver to talk to the original doctor about their findings as well. “This has been dragging on too long,” he said.

According to court documents, Mott allegedly threatened a cashier who confronted him about taking items from a store on the 1000 block of Wisconsin Ave, NW on Nov. 13, 2019. The cashier was advised to contact DC Police if Mott returned, which he did on Dec. 5.

The defendant fled on foot when the police were called, but was caught by officers. He took out a knife and swung it at officers he felt were too close to them. During the confrontation with police, Mott said he was “Illuminati.”

Mott’s next hearing is scheduled for Aug. 10.

Judge Finds Probable Cause, Denies Release

A DC Superior Court judge found probable cause in an assault case.

David Brown is charged with assault with intent to commit robbery.

Judge Neal Kravitz chose to hold the defendant in DC Jail because the violent nature of the crimes made him concerned for community safety.

During the July 23 preliminary hearing, the prosecution provided video surveillance of Brown, 52, allegedly attempting to steal from two victims.

A Metropolitan Police Department (MPD) detective also testified that he saw the defendant commit the offenses.

Defense attorney Sean Murphy argued against probable cause since the detective said the defendant, whose face was covered during the offenses, had facial hair. Murphy said this suggests the detective is misremembering events.

However, the prosecution said that a minor issue with memory should not take away from the whole basis for probable cause.

Judge Kravitz agreed, citing video surveillance and the detective’s identification of the defendant.

According to court documents, on May 1, two victims said Brown tried to rob them at the Gallery Place Metro Station, which is located on the 600 block of 7th Street, NW.

The first victim said Brown grabbed her purse on the train. The defendant allegedly ran away when she fell onto the train platform, struggling to hold on to her belongings.

Shortly after, Brown allegedly came behind a woman at the station and wrapped one arm around her neck and another around her upper torso, saying “give me your money b****.”

After she struggled, he ran away, the documents state.

MPD officers detained the man and said they overheard him say, “so what if I did it. I’m a crackhead. I did it for crack.”

Brown’s next hearing is scheduled for Sept. 17.

Judge Releases Defendant After Prosecution Withdraws Hold Request

A DC Superior Court judge released a domestic violence defendant after the prosecution withdrew their hold request.

The defendant is charged with simple assault, attempted threats to do bodily harm and threats to kidnap or injure a person.

The defendant was held at DC Jail on June 8. The prosecution withdrew their request to hold the individual on July 23.

Judge Judith Pipe released the defendant on a promise to return to court with a stay away order from the victim and the victim’s residence.

The defendant is also required to seek out mental health treatment with the Pretrial Services Agency (PSA.)

The defendant’s next hearing is scheduled for Oct. 20.

Judge Continues Hearing for Burglary Defendants

A DC Superior Court judge continued a hearing for burglary co-defendants at the request of both parties on July 24.

Antonni Flores-Diaz, 24, and Ryan Harding, 24, are charged with second-degree burglary for allegedly breaking into a residential building on the 1900 block of 3rd Street, NW and stealing a bicycle and vacuum cleaner on April 9.

The hearing was continued because the Department of Corrections was not given sufficient time prepare. Both parties initially entered the hearing on July 24 with intentions to take a plea deal.

Judge Rainey Brandt said that the court was alerted of the agreement after hours last night.

She said that the Department of Corrections, where Flores-Diaz and Harding are being held, needs more of a heads up in order to prepare for a plea agreement or release.

Counsel agreed to continue the hearing to a future date.

Before the next hearing date was set, Flores-Diaz asked for release.

Judge Brandt denied the request, saying she could not release the defendants based on their criminal histories and the nature of the crime.

According to court documents, while on pretrial release, Flores-Diaz picked up additional charges for assault with a dangerous weapon on April 14, when he threatened a victim with a knife on the 3100 block of Mount Pleasant Street, NW, and contempt of court on April 30 for disobeying a stay away order.

Both defendants are scheduled to appear in court again on Aug. 12 to discuss accepting a plea agreement with the prosecution.

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