Judge Holds Defendant Who Would be Homeless if Released

On July 14, a DC Superior Court judge denied a defendant’s release request after learning that he would be homeless if let out of jail.

Brian Lomax is charged with unlawful entry onto private property for allegedly entering a store from which he was barred on Dec. 29. The establishment is located on the 3000 block of 14th Street, NW. He was barred after numerous thefts from the store.

He was found incompetent to stand trial last February. However, Judge Steven Wellner declared him competent to stand trial during the July 14 hearing.

Lomax, who is currently being held at DC Jail, asked Judge Wellner to release him.

“I would like to be released on whatever conditions that you set forth, your Honor,” he said. “I have been incarcerated for a number of months, in St. Elizabeths and DC Jail. It’s already past July 4th.”

However, the defense had no options for housing or rehabilitation prepared for Lomax in the event of his release. The defendant’s closest relative is his grandmother.

Defense attorney Courtney Vaughan said his grandmother is unwilling to house him due to concerns that he was exposed to the COVID-19 virus while detained.

According to the prosecutor, a member of the defendant’s community would not feel safe if Lomax returned.

“I was a little surprised that we don’t have the support framework to put that [request] into action,” said Judge Wellner.

Judge Wellner said he would be willing to release Lomax if he has housing and rehabilitative options available.

The court scheduled another hearing so the defendant and his counsel have time to assemble options in the case that Lomax is released.

Lomax’s next hearing is scheduled for July 21.

Judge Issues Bench Warrant For Burglary Defendant

A DC Superior Court judge issued a bench warrant for the arrest of a defendant who did not show up to his July 14 hearing.

Edgar Valasques, who is also known as Edgar Velasquez, is charged with second-degree burglary for allegedly breaking into a store on the 1200 block of Upshire Street, NW. He removed several boxes of angle grinders, an artic hat, a belt tool, and two bleach bottles on June 17.

Defense attorney Rachel McCoy asked Judge Gerald Fisher to consider issuing a bench warrant only if Valasques does not appear again for his felony status conference, which is scheduled for Sept. 17.

Judge Fisher denied the request, saying it was unlikely Valasques would return on his own.

His July 14 hearing was scheduled to address his issues complying with the terms of his pretrial release.

Document: Police Arrest Suspect for Assault with Knife

Officers from the Metropolitan Police Department arrested a suspect for assaulting a victim with a knife on July 13.

According to a press release, the 41-year-old suspect assaulted the victim on the 2500 block of Benning Road, NE. The victim was treated for non-life threatening injuries at a local hospital.

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Document: Dispute Leads to Shooting, Police Make Arrest

Officers from the Metropolitan Police Department arrested a suspect after he decided to fire shots after a dispute on July 14.

According to a press release, the 67-year-old suspect brandished a gun and fired shots at a victim after he and the victim were involved in a dispute.

The suspect is awaiting his initial hearing at the DC Superior Courts.

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Judge Pushes Hearing Back to Give Victim Opportunity to Make an Impact Statement

On July 14, DC Superior Court Judge Erik Christian postponed a hearing, so a victim would be available to make a victim impact statement.

Sean Brislin is charged with unlawful entry onto private property for allegedly entering a victim’s home on the 200 block of K Street, NE, and sleeping in her bed on Jan. 25.

Parties are planning on entering into a deferred prosecution agreement during the upcoming hearing. In the agreement the defendant’s charges would be dismissed if he completes certain requirements.

The victim said she wanted to make a statement during the hearing.

The prosecution informed the victim of the hearing date and time in early July.

The prosecutor said there was constant communication with the victim until last night, when the victim said she would not be able to participate in the hearing because of a cold and allergies.

The victim did not reply to the prosecutor’s request for a written statement, the prosecutor said. He attempted to call the victim during the hearing, but she did not pick up.

Defense attorney Christopher Mutimer opposed the request, saying the victim was “showing it’s not a priority” through her actions.

Brislin allegedly entered a victim’s residence without permission. The victim found him sleeping in her bedroom after she took out the trash. She left the door closed but unlocked and did not give the defendant permission to enter, according to court documents.

The victim and Brislin did not know each other.

Judge Sentences Defendant in Accordance with Mandatory Minimum

DC Superior Court Judge Judith Smith sentenced a defendant to 14 months with credit for time served plus three years of supervised release in accordance with the mandatory minimum sentencing rules.

Davon Easton, who is also known as Javon Hassock and Je, pleaded guilty to unlawfully possessing a firearm with a prior conviction for armed robbery.

Judge Smith said she would like Easton to receive the support and education to succeed as soon as possible.

The judge advised the defendant to seek out aid for substance abuse, critical thinking and transitional housing after his release. She also asked Easton to take steps towards earning his GED and getting job training so he can provide stability for himself, his partner and his family.

Easton pleaded guilty to the charge on Dec. 19, 2019. He has been detained in DC Jail since Sept. 20, 2019.

Since Easton has already been in jail for almost 10 months and is receiving credit for time served, he will be released in about four months.

His supervised release will run concurrent with his pre-existing supervised release from his previous felony conviction.

Defense attorney Shawn Sukumar asked for the shortest possible sentence so that his client can receive support from his community and family. Sukumar said that Easton, who was a teenager at the time of his first felony, has never had access to necessary mental health or educational services.

“I haven’t received proper help with mental health,” said Easton. “I was put in jail when I was 19, and I feel like I’ve never been given the support I needed.”

The prosecution suggested the defendant be detained for 18 months and then put on probation. The prosecutor agreed that Easton should receive mental health services.

“The record also reflects a lack of family love and support as well as a lack of educational materials at formative ages,” she said.

Defendant Pleads Guilty, Sentenced to Time Served.

On July 14, a domestic violence defendant pleaded guilty and was sentenced to time served.

The defendant was brought before the court in four domestic violence cases. He pleaded guilty to contempt for violating a court order to stay away from his wife and her place of residence on May 21. As part of a plea agreement with the prosecution, his other charges of simple assault, second-degree theft and violating a temporary protective order (TPO) were dropped.

The defendant has been in jail for 54 days while he awaits trial. Judge John McCabe sentenced him to time served without probation.

The prosecution requested that the defendant be sentenced to three months of incarceration followed by one year of probation. The prosecution also asked that he receive drug and alcohol treatment and be ordered not to harass, assault, threaten or stalk his wife.

The prosecutor said there is a history of the defendant’s wife contacting the police. He “needs to be made to understand that court orders are not just suggestions,” counsel said.

Defense attorney Hannah Akintoye requested that her client receive credit for time served so he would not have to spend more time behind bars. She also asked that he receive one year of probation.

Akintoye said COVID-19 has brought out the worst in domestic relationships, and that the defendant and his wife have agreed to attend counseling.

“The only reason I called the police is because I thought that my husband took money from me,” the defendant’s wife said during the sentencing hearing. “But I found my money. So it’s all a misunderstanding.”

The defendant’s wife also said that she needed him home to aid her in health issues, and that the couple is planning on moving out of Washington, DC.

Judge Orders Defendant to Participate in Mental Health Services

On July 13, DC Superior Court Judge Gerald Fisher ordered an assault defendant, who is on pretrial release, to participate in mental health services as recommended by the Pretrial Services Agency (PSA.)

Jacqueline Kelly, who is also known as Theresa Ann Kelly, is charged with simple assault. She allegedly tried to punch the victim on June 18. The victim sustained a minor scratch on her left cheek.

The hearing was scheduled to address the defendant’s issues of non compliance with her release conditions.

Defense attorney Claudine Harrison said her client suffers from bipolar disorder, schizophrenia and depression. She said Kelly, 56, “had a breakdown” while off her medication, leading to her recent arrests. Harrison said the defendant is now on proper medication and has a noticeable difference in her demeanor.

She was given pretrial release and a stay away order for the incident.

On June 21, Kelly allegedly violated the stay away order. Upon returning to the location from which she was ordered to stay away, she allegedly asked the same victim if she wanted to “get [her] a** whooped like Thursday” and threw a Corona bottle at her, according to court documents. The defendant then struck the victim’s father with a stick and threatened to kill the victim’s daughter, who was not present at the time. A police report was filed in connection with this incident, but the defendant was not arrested for it.

However, Kelly was arrested again on June 25 for allegedly breaking the front windshield of another person’s car and running towards the victim with a knife in her hands yelling, “I’m going to kill you” on the 200 block of 36th Street, NE.

She was subsequently charged with destruction of property less than $1,000, attempted threats to do bodily harm and attempted possession of a prohibited weapon.

The judge released her with conditions on July 13.

Kelly is scheduled to appear in court again on Aug. 3.

Crime Alerts: July 13-14

Between 9 p.m. on July 13 and 9 a.m. on July 14, the Metropolitan Police Department sent out four crime alerts.

The most recent alert was sent at 1:31 a.m. for a robbery on the 6200 block of Clay Street, NE. Police are looking for two Black males. The first suspect is described to have a medium complexion with a medium build, wearing all black clothing. Police do not have a description of the second suspect.

Another alert for a robbery was sent at 12:02 a.m. on the 600 block of E Street, SE. Police are looking for a Black male with a beard carrying a silver handgun in a black sedan .

An alert for a stabbing went out at 9:19 p.m. on the 2500 block of Benning Road, NE. They have one suspect in custody.

Another alert was sent at 9:18 p.m. for a crime on the 4000 block of 8th Street, SE. Police have suspects in custody.

If anyone has information about these crimes, please call 911.

Domestic Violence Defendant Pleads Not Guilty

A defendant pleaded not guilty to simple assault, attempted threats to do bodily harm and attempted second-degree cruelty to children on July 13.

The defendant is accused of threatening a 17-year-old and her mother, saying he would “chop them up.” The defendant also allegedly choked the 17-year-old, causing injuries to her throat and back.

The prosecution requested that the defendant be ordered to stay away from the young woman, as well as her home, place of work and school. Defense attorney Brittany Kerr asked that her client not be ordered to stay away from the home because he and the victims live together.

DC Superior Court Judge Maribeth Raffinan issued a stay away order but it is unclear if that order pertains to the victim and her family.

The defendant’s next court appearance is scheduled for Sept. 23.

Judge Finds Defendant Competent, Moves Him to DC Jail

A DC Superior Court judge found a defendant competent to stand trial, saying his random spouts of difficult behavior seem intentional.

The defendant is charged with kidnapping while armed, first-degree sex abuse while armed with a dangerous weapon and assault with a dangerous weapon. He allegedly committed these crimes on Sept. 23, 2012.

Judge Michael Ryan said the staff at St. Elizabeth’s Hospital, DC’s psychiatric institution, noticed that the defendant can purport his behavior when he wants to comply with treatment.

A bench warrant was issued for his arrest on Feb. 12. At the time, the defendant was in St. Elizabeth’s, where staff were trying to help him gain competency to stand trial for another case. He has been in the hospital since December of 2019.

The warrant was cancelled on Feb. 25, the day he was found competent to stand trial in his theft case and transferred to DC Jail.

The defendant was sent back to St. Elizabeth’s three days later, after Judge Danya Dayson raised concerns about his competency.

The defendant’s first competency evaluation in his new case was conducted on Feb. 27. The evaluation did not give the doctor enough information to determine if he was competent.

Another competency exam was scheduled, but did not occur due to the defendant’s refusal to participate. He then began a letter writing campaign to the court to argue for his incompetence. He wrote five letters to the judge.

In his most recent competency evaluation, doctors were unable to reach a conclusion about his competency.

Defense attorney Andrew Ain asked that his client remain in St. Elizabeth’s. Ain said he has called the defendant almost every day and has yet to have a productive conversation with him. Ain also asked Judge Ryan to consider that DC Jail does not have an involuntary medication program. His client was on such a program at the hospital.

The prosecution said the defendant’s letter writing campaign where he argued for its dismissal proves that he is able to understand the case.

The defendant will appear in court again on Sept. 3 to discuss the status of his case.

Crime Alerts: July 13

The Metropolitan Police Department sent out two crime alerts between 9 a.m. and 9 p.m. on July 13.

The most recent alert was sent at 6:11 p.m. for a robbery on the 3500 block of Center Street, NW. Police are looking for three suspects. The first suspect is a black female wearing black T-Shirt. She has a medium complexion. The second suspect is a black male between the ages of 20-25 years old. The third suspect is also a black male between 20-25 years old wearing a black T-Shirt, has medium complexion, 6’3 to 6’5″, and long pants. The suspects were last seen running westbound to 16th Street, NW.

An alert for a shooting was sent a 2;29 p.m. The incident took place at the intersection of Minnesota Ave, NE and Clay Place, NE. Police are looking for a black male with dark complexion who was last seen wearing a black shirt, gray pants and a skully cap. The suspect should be considered armed with a gun.

Anyone with information on these incidents should call 911.

Judge Denies Defendant’s Motion for Release

A DC Superior Court judge denied a defendant’s motion for release on July 9, questioning his ability to comply with release conditions.

Erik Stewart is charged with assault with a dangerous weapon and unlawful possession of a firearm.

Judge Julie Becker raised some concerns about Stewart’s ability to stay away from DC while his son still resides there. She also said that she was in no position to release Stewart, but would feel disinclined to release him based on court documents describing the course of conduct between the victim and defendant.

According to court documents, Stewart has a history with the victim. The two have had multiple altercations, including before the defendant was arrested. Stewart allegedly assaulted the victim, causing him to get six stitches.

Defense attorney Janai Reed said she is not sure if her client understands the requirements of the plea offer, one of which being that he waives his right to a preliminary hearing.

Reed said that, if released, Stewart could stay away from DC and reside with his mother in Virginia. She cited his employment before the arrest and lack of a lengthy criminal history.

The lawyer also said that, while Stewart has a son who resides in DC, he is taking action to bring his child to Virginia with him because the mother has mental health issues.

The prosecution said that they have been over the terms of the plea offer before in front of Judge Judith Smith.

The prosecutor also requested that the matter be presented in front of Judge Smith again. The prosecutor said he could keep the plea offer open until the preliminary hearing.

Reed decided to wait to schedule a preliminary hearing until she has more time to discuss the full extent of the offer with Stewart.

Stewart is scheduled for another hearing on July 23, when Judge Smith will decide if Stewart can be released safely.

Judge Finds Probable Cause, Denies Request for Release

Basing her decision on a witness’ testimony, a DC Superior Court judge found probable cause in an assault case.

Jarrell Gayden is charged with assault with a dangerous weapon for allegedly shooting a man at a McDonald’s on the 3000 block of Minnesota Ave, NE on Feb. 19.

Judge Rainey Brandt ultimately determined probable cause because the witness’ testimony was “candid” and “straightforward.” She said the witness could comfortably identify Gayden as the shooter.

She also said that the affidavit alone, which the witness adopted as testimony, clearly established probable cause.

During the hearing on July 13, a Metropolitan Police Department (MPD) detective testified that investigators recovered multiple firearms from the room where Gayden was arrested. The detective said that one of the firearms matched the caliber of ammunition recovered from the crime scene.

However, defense attorney Elliott Queen argued that, while the firearm was found near Gayden, the prosecution had not clearly established that his client owned the firearm.

He said it could have belonged to another person in the house.

Queen also said the residence where Gayden was arrested, which is located in Capitol Heights, Md., belongs to the defendant’s relative, not the defendant himself.

Queen said the detective used “general” descriptors of the shooter.

The attorney also petitioned for his client to be released awaiting trial, saying his stable employment and living situations could enable the judge to find conditions to ensure the safety of the community.

Judge Brandt denied the request. She said the severity of Gayden’s charge and his criminal history establishes a pattern of assaultive behavior.

According to court documents, the victim said something along the lines of “hey beautiful you in line” to a woman while they were both standing in line at the fast food restaurant. The woman started yelling at the victim and then made a phone call.

The victim was then confronted by a man. When the victim tried to leave, but the suspect followed him outside and shot him.

The woman told MPD officers that she did not know the suspect well, but supplied a phone number under the name “Mike Jones.” Investigations later revealed that the number was actually Gayden’s.

Gayden’s next court appearance is scheduled for Aug. 27.

Eight Defendants Held During Initial Hearings

On July 13, DC Superior Court Judge Heide Herrmann held seven of 28 defendants during initial hearings.

Of the 28 defendants, only two had no charges filed.

Joseph Howard was charged with assault with intent to commit first-degree sex abuse.

The prosecution cited Howard’s lengthy criminal history that consists of at least two other assaults, two drug cases, and a case of knife possession. They also cited an assault case in which Howard fled the courtroom after he pleaded guilty but before sentencing.

Howard was also arrested and released on a citation on July 10 for attempting to touch someone’s breast.

Judge Herrmann decided to hold the defendant after examining his criminal history and the nature of his offenses. The judge also took the multitude of probation revocations in prior cases into consideration.

Shaqques Johnson was held after being charged with assaulting a law enforcement officer and failing to obey an officer. He also has a pending sentencing hearing for a simple assault charge in which his probation was revoked.

Judge Herrmann decided to hold Johnson, citing his dangerousness and the fact that multiple law enforcement officers were injured during his arrest.

A defendant, who is charged with attempted threats to do bodily harm and simple assault, in a domestic violence case was also held by Judge Herrmann. The prosecution requested a hold because the defendant has six prior convictions with the same victim.

Demetrius Alston, who is charged with armed robbery, is also being held at DC Jail.

Judge Herrmann decided to hold Alston because a gun was fired and the defendant was released for two other cases involving dangerous weapons.

Albert Washington was also held by Judge Herrmann. Washington is charged with first-degree burglary.

The defense requested that Washington be released on his promise to return to court or into the High Intensity Supervision Program (HISP), citing his age and the increased risk of contracting COVID-19 while incarcerated.

Judge Herrmann said she could not release him safely, saying Washington could commit the same violations if he was on GPS monitoring.

Louis Wesson is charged with carrying a pistol without a license outside of his home or business. He was also in court for two other cases, which encompassed assault, unlawful entry, destroying property and interfering with law enforcement charges.

According to the prosecution, Wesson had an open warrant for initially assaulting a victim. He then assaulted her a second time after getting a gun.

Judge Herrmann decided to hold Wesson based on the nature of his crimes and persistence to return to the victim.

Judge Herrmann held Kehinde Ogun. Ogun is charged with threatening to kidnap or injure a person. He was also present in court on assault charges.

Judge Herrmann decided to hold the defendant despite the defense’s opposition, citing Ogun’s long history of threatening and dangerous behavior.

A defendant was also held on a parole warrant, even though he was released for tampering with his detection device.

There were nine domestic violence cases presented before Judge Herrmann. Eight of the defendants were released with conditions.

Four of the domestic violence defendants were charged with assault. They were released with stay-away orders and one no harassment order. The other four were also released with stay-away orders.

There were five misdemeanor cases. All of the defendants charged with misdemeanors were released with stay-away orders.

Judge Herrmann released three felony cases. One defendant was charged with a DUI, operating a vehicle while impaired, aggravated reckless driving and reckless driving.

He was convicted of another DUI in 2017, but the judge released him, citing his successful completion of probation. Two other defendants were released with minor conditions.

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