Judge Rejects Motion for New Trial in Murder Case

A DC Superior Court judge rejected a convicted first-degree murder defendant’s motion for a new trial.

In 2012, Darnell Hawkins was sentenced to serve 40 years for first-degree murder while armed in the death of Dawan Felder. Felder was killed in the early morning hours of May 16, 2010, on the 5000 block of D Street, SE. He was 28 years old.

In 2018, Hawkins, 38, filed a motion for a new trial. He based his motion on the argument that he had deficient representation from his lawyer.

However, during the Sept. 28 hearing, Judge Ronna Beck ruled that there was no deficiency.

Hawkin’s current defense attorney, Thomas Healy, argued that a retrial was in order because Hawkins’ initial attorney did not bring forward witnesses who could have proved Hawkins’ innocence, did not sufficiently explain the plea bargain that had been offered, and did not file a severance claim between Hawkins and his co-defendant.

During the hearing, the prosecution brought forward two witnesses: Hawkin’s attorney during his initial trial and a defense team investigator from the initial trial.

The former defense attorney was asked why the witnesses in the initial case were not brought forward in the trial. The witness said this was done because many of the witnesses in the initial trial were not deemed credible and could have potentially hurt the defendant’s case further.

The attorney was also asked how the plea bargain had been explained to the defendant. The lawyer said he explained the plea bargain thoroughly, although he could not remember the specifics of the conversation. He also said that throughout his time with Hawkins, the defendant maintained his innocence and seemed unlikely to accept a plea bargain. On the issue of severance, the witness claimed he did not believe there had been a basis for it.

Many of the same questions were asked of the second witness, who corroborated and provided additional information about why the witnesses in the initial trial would have been unlikely to improve Hawkins’ case.

Judge Beck said the testimony of the witnesses were more credible than that of Hawkins’, whose testimony in prior hearings was found to be contradictory.

She also ruled that the first witness provided sufficient information about the plea to Hawkins and that the decision to not bring certain witnesses forward was done out of sound judgement, ruling that there was no reason for a severance motion to have been filed.

Hawkins is being held in DC Jail and will be transported back to his federal corrections facility as soon as possible.

Defendants Plead Guilty in Domestic Violence Matters

One Sept. 28, two domestic violence defendants pleaded guilty to simple assault.

The defendants, Alejandro Mejia-Nava and Aziz Benassou, entered into Deferred Sentencing Agreements (DSA) with the prosecution. This means that if the defendants complete their requirements by the end of the deferment periods, their guilty pleas will be withdrawn and their cases dismissed.

Benassou must continue to report to the Pretrial Services Agency (PSA). However, both defendants must comply with a No Harass, Assault, Threaten or Stalk (HATS) order, and complete any assessments deemed necessary by the Court Services and Offender Supervision Agency (CSOSA).

Judge John McCabe also ordered defendant Benassou to participate in an anger management program, and defendant Mejia-Nava to enroll in a domestic violence program through CSOSA.

Benassou agreed to defer his sentencing for six months, while Mejia-Nava agreed to nine.

According to a spokesperson with CSOSA, defendants can be under both PSA and CSOSA supervision when entering a DSA, unless the defendant is participating in a domestic violence program through court services. In that case, the defendant is strictly under CSOSA supervision.

Judge McCabe scheduled Benassou’s next hearing for Apr.1, and Mejia-Nava’s for June 28.

Judge Issues 3 Bench Warrants During Pretrial, Probation Hearings

A DC Superior Court judge presided over ten pretrial show cause hearings on Sept. 29.

Judge Gerald Fisher withdrew a show cause hearing for a murder defendant.

Tristian Cole is charged with second-degree murder while armed for allegedly stabbing 24-year-old Joel Midgett on the 200 block of K Street, NW in Oct. 2015.

Cole, 29, was charged in November 2019. He was granted pretrial release during a preliminary hearing the following February, at which time Judge Todd Edelman ruled that his case had enough evidence to go to trial.

Judge Fisher told Cole to get in compliance during his last pretrial show cause hearing. According to the Pretrial Services Agency (PSA), Cole has been reporting to them regularly.

Judge Fisher advised Cole to keep staying in compliance with her conditions. Cole’s next hearing is on Feb. 12, 2021.

Judge Fisher also issued bench warrants for the arrests of John Mulcahy, Lamont Brown and Travis Haney.

Mulcahy, 62, is charged with unlawful entry onto private property and attempted threats to do bodily harm in two cases.

He also does not have a verifiable address because he is homeless.

Mulcahy’s attorney, Anthony Viviani, has not been able to contact his client.

Brown, 47, is charged with simple assault for allegedly kicking a Metropolitan Police Department (MPD) officer on the side of his head back on May 27 on the 1800 Block of Corcoran Street, NE.

The PSA representative said the agency has not heard from Brown since late June. They also don’t have a verifiable address or phone number for him.

Brown’s attorney, Steven Ogilvie, has also not been able to contact his client.

Hayney, 32, is charged with the distribution of PCP.

Like with the other bench warrant defendants, Haynes has not been in contact with the PSA. Haynes’ attorney, Mani Golzari, has also not been able to contact his client either.

Judge Fisher continued a case for another defendant in order for him to get notice to come to court by his mental health provider.

Robert Taylor is charged with unlawful entry onto private property, second-degree theft, possession of an open container of alcohol/public intoxication and a bail violation in three different cases.

According to the PSA, Taylor, 54, has not been in compliance with his release conditions. However, the PSA recommended that the case be continued to see if Taylor gets in contact with the Centers for Medicare and Medicaid Services, so they can get a hold of him.

Judge Fisher granted the requested and scheduled Taylor’s next hearing for Oct. 19.

Judge Fisher continued a pretrial show cause hearing for a burglary defendant who did not receive notice for his court date.

Antoine Jackson, 25, is charged with second-degree burglary.

Jackson did not show up to his hearing. Defense attorney Jeffrey Stein said his client may not have received notice for his hearing as he was re-arrested on Sept. 17 and released on Sept. 22.

Judge Fisher granted Stein’s request and scheduled Jackson’s next hearing for Oct. 20.

Judge Fisher withdrew a show cause hearing for a weapon possession defendant.

Deshawn Loggins is charged with carrying a pistol without a license outside home or business, possession of a registered firearm and unlawful possession of ammunition.

Loggins showed up late to his hearing, which caused the case to be recalled.

According to the PSA, Loggins has begun to come into compliance with his release conditions.

Judge Fisher advised Loggins to remain in compliance. His next hearing is scheduled for March 17, 2021.

Judge Fisher continued a hearing for a robbery defendant.

Rashaun Onley was serving one year of probation for attempting to commit robbery. However, he will be re-sentenced after violating his probation by getting re-arrested.

According to the PSA, Onley has been in compliance with his release conditions since his last hearing earlier this month.

Onley is currently under the High Intensity Supervision Program (HISP,) but has employment lined up for once he is released from home confinement, his defense attorney, Amy Phillips, said.

Onley is scheduled to be re-sentenced on Feb. 4, 2021.

A drug and weapon possession defendant’s pretrial show cause hearing was vacated.

Emanuel Sartor is charged with carrying a pistol without a license outside home or business, unlawful possession of liquid PCP, possession of an unregistered firearm and unlawful possession of ammunition.

According to court documents, Sartor’s hearing was vacated without objection from the prosecution. Sartor has been in full compliance with his conditions and is currently experiencing some health struggles.

Sartor’s next hearing is scheduled for March 30, 2021.

Judge Fisher continued a hearing for a defendant who did not receive a notice to show up to court.

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

Hawkins, 25, was present over audio after being contacted by his lawyer, Sellano Simmons.

According to the PSA, Hawkins does not have a verifiable address on record.

Judge Fisher ordered Hawkins to verify an address with the PSA within the next 48 hours and begin reporting to them immediately.

Judge Fisher scheduled Hawkins’ next hearing for Oct. 30.

Judge Fisher also extended a defendant’s probation to give him time to satisfy all his conditions.

Khalil Ball is serving nine months of probation for operating a vehicle while impaired. His probation conditions include completing a traffic safety program, a traffic alcohol program and a victim impact panel, which gives people affected by impaired driving or underage drinking an opportunity to speak about their experiences. These conditions were to be completed by Sept. 20.

According to Ball’s attorney, Albert Amissah, due to the COVID-19 pandemic, Ball has faced many stumbling blocks that have made it difficult to complete these programs.

A Court Services and Offender Supervision Agency (CSOSA) representative was present at the hearing and said that Ball, 30, has recently registered for the victim impact panel.

Judge Fisher chose to extend Ball’s probation until Dec. 21. He also scheduled a Dec. 14 show cause hearing that can be vacated if Ball has finished his requirements by then.

Judge Fisher continued an assault defendant’s hearing to give him time to consult with his lawyer.

Durell Campbell is charged with assault with intent to commit robbery.

According to the PSA, Campbell, 30, has not been in compliance with his conditions. He has allegedly tampered with his GPS device and has not gotten it re-installed.

Campbell, who was in court, wanted to speak with his lawyer, Dinah Manning. However, he did not have a phone and all court phones were being occupied.

Judge Fisher chose to reschedule the hearing for Oct. 1 to give the defendant time to speak to his attorney.

Document: Police Make 2 Robbery Arrests

Metropolitan Police Department (MPD) officers made two arrests in connection with robbery offenses.

A 29 year-old resident of Southeast, DC was arrested in connection with an armed robbery offense that happened on Sept. 18.

At around 3:58 a.m., a suspect approached the victim on the 800 block of 18^th Street, NW. The suspect brandished a handgun and took property from the victim. The suspect then fled the scene, but was apprehended by responding officers.

A 31 year-old with no fixed address was arrested in connection with a robbery offense that happened on Sept. 17.

At around 3:02 p.m., a suspect approached the victim on the 1300 block of U Street, NW. The suspect snatched property from the victim and fled the scene.

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Document: Suspect Sought for Stalking

Metropolitan Police Department (MPD) detectives seek the public’s assistance identifying a suspect in connection with a stalking offense that happened on Sept. 17 on the 1400 block of C Street, SE.

The suspect was captured by surveillance footage.

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Document: Suspects Sought for Unlawful Discharge of a Firearm

Metropolitan Police Department (MPD) detectives seek the public’s assistance identifying suspects in connection with an unlawful discharge of a firearm offense that happened on Sept. 18.

At around 12:36 p.m., officers responded to the 1200 block of Mount Olivet Road, NE for the sound of gunshots. There, they found evidence of a firearm being discharged.

The suspects were captured by surveillance footage.

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Document: Suspects Sought for Armed Carjacking

Metropolitan Police Department (MPD) detectives seek the public’s assistance locating the suspects of an armed carjacking that happened on Sept. 27.

At around 3:43 p.m., suspects approached the victim on the Unit block of Kennedy Street, NE. The suspects brandished a handgun and demanded the victim’s vehicle and property. The victim complied and the suspect fled the scene in the vehicle.

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Document: Juvenile Arrested for Assault with a Dangerous Weapon

Metropolitan Police Department (MPD) officers arrested a suspect for assault with a dangerous weapon.

At around 2:33 p.m. on Sept. 26, two suspects approached the victim on the 300 block of 50th Street, NE. The suspects assaulted the victim. During the assault, one of the suspects brandished a handgun. The suspects took property and fled the scene. One of the suspects was apprehended by responding officers.

A 15 year-old was arrested for assault with a dangerous weapon.

The case remains under investigation.

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Judge Holds 6 Defendants During Initial Hearings

On Sept. 28, DC Superior Court Judge Juliet McKenna released 34 defendants, held five defendants in DC Jail and held one defendant under the supervision of the Department of Youth Rehabilitation Services (DYRS).

Tyree Dean is a fugitive from justice who is charged with robbery in Maryland.

Dean’s attorney requested for him to be released under an order to turn himself in on his outstanding warrant. Judge McKenna denied the request due to Dean’s noncompliance with his current probation as well as his pending assault case.

Dean will remain held, giving Maryland three days to pick him up from DC Jail.

Meko Brown is charged with carrying a pistol without a license outside of a home or business.

According to court documents, Brown, 22, was identified through video footage which allegedly showed him firing shots at a man who was riding a dirt bike.

Brown’s attorney argued Brown was only identified from his clothing which isn’t sufficient enough evidence. However, the footage was shown to two Metropolitan Police Department (MPD) officers that are familiar with Brown.

Judge McKenna chose to hold Brown due to some prior serious contacts similar in nature to his new charge that could make Brown a potential threat to the community.

Sonya Champ is charged with simple assault and attempted possession of a prohibited weapon.

According to court documents, Champ, 39, allegedly lunged toward the victim’s throat with a razor blade in hand on the 3800 block of 9th Street, NW.

The defense argued that no weapon was obtained from her when she was arrested, and the victim did not have any injuries. However, Judge McKenna decided to hold Champ in jail due to her noncompliance with other ongoing cases.

Judge McKenna scheduled a mental observation hearing for Champ for Oct. 13.

Shayne Henderson is charged with contempt, as he has allegedly violated his release conditions.

The defense asked for Henderson, 21, to be released because he is currently employed and is financially supporting his three-year-old son. However, Judge McKenna denied the request.

“He is egregiously not compliant with his probation,” said Judge McKenna.

Judge McKenna scheduled Henderson’s next hearing for Oct. 13.

Cornell Smith is charged with attempt to commit robbery while armed and robbery while armed in two different cases.

The first case was the robbery while armed which occurred on July 25 on the 500 block of 51st Street, NE. Smith, 17, allegedly shot at and stole a cellphone from the victim. The second incident happened on the same day and involved an attempted car theft with shots fired.

Judge McKenna found that Smith could be a flight risk and chose to keep him held in the custody of the Department of Youth Rehabilitation Services (DyRS) because Smith is a juvenile being charged as an adult. She scheduled Smith’s next hearing for Oct. 21.

Lamont Hammond is charged with unlawful possession of a firearm with a prior conviction and possession of a large capacity ammunition feeding device.

The defense requested the 27 year old’s release due to a prior term of probation being completed successfully, saying Hammond can abide by court orders. However, Judge McKenna denied the request because Hammond was released last week and has found himself back in custody.

Judge McKenna scheduled Hammond’s next hearing for Oct. 21.

Of those released, ten defendants are charged in domestic violence cases. Eight of the defendants were given stay-away orders and two were given no harassing, assaulting, threatening or stalking (HATS) orders.

Two additional defendants are charged with being fugitives from justice. One defendant is wanted in Maryland for a charge of possession of dangerous drugs, and the other is wanted in Indiana for a crime against a person with a dangerous weapon. Both defendants were released by Judge McKenna with orders to turn themselves in to the demanding jurisdictions within 24 hours.

Judge McKenna also released ten individuals charged with misdemeanors. The charges included destruction of property, assault, attempted possession of a prohibited weapon, threats to do bodily harm, second-degree theft, unlawful entry onto private property, possession of a controlled substance, assault on a police officer, resisting arrest and lewd, indecent or obscene behavior. Nine of the defendants were given stay-away orders, while the final defendant was ordered to report to the Pretrial Services Agency (PSA) once a week by phone.

Two defendants, charged with carrying a pistol without a license, were released with orders not to possess any firearms or ammunition at all.

Two defendants were charged with unauthorized use of a vehicle and four other defendants were charged with a DUI. Judge McKenna released them with various conditions, including stay-away orders, not driving without a valid license or after consuming alcohol or drugs and orders to get substance use assessments.

Four defendants were brought in on bench warrants for failing to appear at their hearings. They were all released. Three of the defendant were given new court dates in 2021 and one is having his probation terminated and case closed completely.

One final defendant, charged with unlawful possession of a firearm, has been in the hospital since Sept. 21, so Judge McKenna continued his hearing to Sept. 29.

Document: Suspects Sought for Armed Carjacking Offense In Southeast

The Metropolitan Police Department (MPD) is seeking the public’s assistance in locating suspects involved in an armed carjacking offense that occurred on the 1000 block of 4th Street, SE on Sept. 26.

At around 5:54 p.m., the suspects entered the victim’s vehicle while brandishing a gun. The victim exited the vehicle, and the suspects took the victim’s vehicle.

The suspects can be seen in the photos below.

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Crime Alerts: September 27-28

Between 9 p.m. on Sept. 27 and 9 a.m. on Sept. 28, the Metropolitan Police Department (MPD) sent out two crime alerts.

The most recent alert was sent at 2:34 a.m. for a shooting investigation that occurred at 2:19 a.m. on the 3500 block of 34th Street, NE. Police are looking for two Black males, 6’0” in height, driving a dark-colored vehicle.

The second alert was sent at 12:45 a.m. for an armed carjacking investigation that occurred at 11:50 p.m. on the 3000 block of Alabama Avenue, SE. Police are looking for three Black males, between 15 and 18 years of age, wearing dark clothing and black masks. At least one is believed to be armed with a handgun. The vehicle involved in the carjacking is a 2019 silver Kia Forte with unknown Virginia tags.

The police request anyone with information of these events to contact the police.

Document: Police Seek Suspect for Burglary Offense

The Metropolitan Police Department (MPD) is seeking a suspect in reference to a burglary that occurred on the 600 block of Burns Street, SE on Sept. 17.

At approximately 7:45 p.m., the suspect broke into an unoccupied residence, took property once inside and then fled the scene.

The suspect can be seen in the photo below.

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Document: Police Seek Suspect for Defacing Private Property

The Metropolitan Police Department (MPD) is seeking a suspect in connection to a defacing of private property offense that occurred on Sept. 17.

At around 7:00 a.m., the suspect defaced a private residence on the 3300 block of Nebraska Avenue, NW.

The suspect was captured by a nearby surveillance camera and can be seen below.

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Document: Arrest Made In Assault Case

The Metropolitan Police Department (MPD) has made an arrest for an assault offense that occurred on Sept. 13.

At approximately 1:50 a.m., the suspect entered an establishment on the 1300 block of 9th Street, NW, attempting to take some merchandise. The victim confronted the suspect, and the suspected assaulted the victim with a metal sign before fleeing the scene.

MPD arrested a 54-year-old man on Sept. 24 and charged him with assault with a dangerous weapon.

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Judge Holds 8 Defendants and Released 21 During Initial Hearings

On Sept. 25, a DC Superior Court judge held eight defendants during their initial hearings.

A male defendant was charged with sex abuse and assaulting a police officer. On Sept. 24, police officers with the Metropolitan Police Department (MPD) were called to the 600 block of New York Avenue, NE for an individual harassing a female. According to court documents, the defendant held a spray bottle in his hand and sprayed two MPD officers.

Judge James Crowell ordered the defendant held, due to evidence of him being non-compliant in the past.

Kenneth Greene, 38, is charged with second-degree theft. According to court documents, on Sept. 24, alarms were triggered as the defendant was leaving a building on the 1300 block of Potomac Avenue, SE. Greene was searched and items were found in his bag. The defendant allegedly admitted to stealing the items.

He is being held pending his next hearing on Oct. 13.

Anthony Wall, 44, is charged with receiving stolen property. He also had two outstanding arrest warrants for destruction of property.

According to court documents, MPD observed a vehicle with a D.C. government tag. The police then discovered the government tag belonged to a vehicle owned by MPD, and the VIN number of the observed vehicle was not registered.

Judge Crowell ordered that Wall be held and also ordered a mental health evaluation.

Elmer Lopez-Cortez is charged with being a fugitive from justice from the state of Maryland, with an underlying charge of homicide. The defendant agreed to stay in DC Jail to allow Maryland authorities to extradite him within three business days.

Shane Smith, 24, is charged with possession of a controlled substance with intent to distribute while armed. On Sept. 24, officers were called to the 1800 block of Kendall Street, NE, to assist with serving court paperwork. MPD and the landlord of the property knocked on the door of the apartment where the defendant was staying. According to court documents, when the door opened MPD could see a firearm in plain sight. After searching the apartment, MPD recovered drugs and additional firearms.

Judge Crowell ordered the defendant held and scheduled the next hearing for Oct. 15.

Alvin Brown, 35, is charged with the unlawful possession of a firearm with a prior conviction in a crime of violence. On Sept. 24,Brown backed into a police vehicle before attempting to flee in a vehicle. After being detained, MPD observed a firearm on the floorboard underneath the seat that Brown was sitting in.

Judge Crowell ordered the defendant held, due to the serious nature of his criminal history.

Shawn Fowler is charged with threat to kidnap or injure a person.

Judge Crowell said due to the serious nature of the crime and the repeated violent harassment of the victim, he could not guarantee the safety of the community and ordered the defendant held.

Tyrone Edmondson, 48, is charged with second-degree theft in four separate cases. Edmonson was discovered with stolen tools in an alleyway on the 1300 block of Randolph Street, NW.

Judge Crowell said because three of the cases involved the same victim at the same location, he could not guarantee the safety of the community and ordered the defendant held.

Two defendants were charged with possession of a controlled substance with intent to distribute. Judge Crowell released the defendants with stay-away orders, and ordered they report to the Pretrial Services Agency (PSA) weekly.

Two defendants with outstanding bench warrants for failing to appear in court were also released. Judge Crowell quashed the warrants and ordered the defendants to return to court on Feb. 26, 2021.

Four defendants, charged with being fugitives from justice, were released. Their extradition hearings are scheduled for Dec. 23. An additional defendant with fugitivity charges had his case dismissed by the prosecution.

Five of the defendants are involved in domestic violence cases. They were all released and given stay-away orders. The underlying charges included simple assault, attempted threats to do bodily harm, unlawful entry and attempted possession of a prohibited weapon.

Four additional defendants were charged in weapons cases. One was given a stay-away order and one was ordered to be on GPS monitoring.

Four final defendants were released, two of whom were given stay-away orders.

Two initial hearings were postponed due to the defendants currently being in the hospital. The defendants’ cases will be reviewed on Sept. 26.

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