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.

Judge Schedules Hearing for Reopened Destruction of Property Case

On July 13, DC Superior Court Judge Erik Christian scheduled a hearing for Aug. 25 to reexamine a case that has new evidence.

During the hearing, the prosecution said they need time to collect more information and reach out to witnesses.

During a non-jury trial on July 24, 2019, Marquis Moore was found guilty of of two counts of destruction of property less than $1,000 for smashing windows on another man’s property on the 2000 block of 1st Street, NW.

However, the conviction was vacated and the case remanded on June 3. The case was reopened on June 24.

Moore was originally sentenced to 180 days in DC Jail. The time was suspended, and Moore was required to serve two years of supervised probation on July 30, 2019.

However, during a Jan. 2 hearing, his probation was revoked and he was sentenced to 240 days in jail – 120 days for each count. On April 9, his sentences were amended to run concurrent to one another, rather than consecutive.

Judge Issues Bench Warrant for Homeless Defendant on Probation

DC Superior Court Judge Gerald Fisher issued a bench warrant for the arrest of a defendant who failed to appear to his July 13 hearing.

Robert Taylor pleaded guilty to third-degree sexual abuse on Dec. 20, 2018, and was sentenced to two years of probation the following March.

During the hearing, a Court Services and Offender Supervision Agency (CSOSA) representative said his last contact with the defendant, who is homeless, was on March 27.

The officer also said Taylor is not participating in mental health treatment and tampered with his GPS monitoring device. Both the treatment and the monitoring device are conditions of his probation.

July 13 was the second time Taylor failed to appear in court since his sentencing.

Defendant Pleads Guilty to Drug Possession

A defendant pleaded guilty to possession of cocaine on July 13.

Denzel Kittrell admitted to selling cocaine on Dec. 12, 2019. He is being charged with possession of a controlled substance.

As part of a plea deal with the prosecution, Kittrell’s other charges of possession of drug paraphernalia and distribution of a controlled substance were dropped.

According to court documents, the defendant tossed a bag of drugs into a sewer grate near the 100 block of L Street, NW while he was being pursued by officers of the US Park Police.

Even though defense attorney Carrie Weletz requested that her client, who is 23, be sentenced under the Youth Rehabilitation Act, DC Superior Court Judge Erik Christian denied the request.

Instead, he sentenced Kittrell to 180 days in prison, which was suspended, and one year on supervised probation.

The terms of the defendant’s probation include drug testing and participation in a drug treatment program. Kittrell must also pay $50 to the Victims of Violent Crime Fund act.

Document: Police Arrest Suspect for Intent to Sexually Assault

A DC Superior Court judge decided to hold man at DC Jail July 13 after charging him with assault with the intent to commit sexual abuse.

According to the Metropolitan Police Department, the 29-year-old suspect physically assaulted a man, who is a transgender, on the 2700 block of Martin Luther King Jr. Avenue, SE., near the 801 East Men’s Shelter, on July 11.

The Judge Heide Herrmann said she was sure the crime would have been sexual abuse if a bystander had not tried to help the victim.

According to court documents, the defendant was walking on the Saint Elizabeth’s Hospital former campus when he exposed himself while approaching the victim. He allegedly knocked the victim to the ground and attempted to have nonconsensual sex.

A bystander drove by and called the police.

The defendant is scheduled for a hearing on Aug. 20.

[documentcloud url=”http://www.documentcloud.org/documents/6987996-7-13-20-Arrest-Made-in-an-Assault-With-Intent-to.html” responsive=true]

Document: Police Arrest Suspect for Violent Assault

Officers from the Metropolitan Police Department arrested a man July 12 for assaulting a victim with a knife.

According to a press release, the 33-year-old suspect allegedly brandished a knife and a assaulted a victim on the 2000 block of Benning Road, NE earlier that day.

The victim sustained non-life threatening injuries and was transported to a hospital for treatment.

[documentcloud url=”http://www.documentcloud.org/documents/6988733-7-13-20-Arrest-Made-in-an-Assault-With-a.html” responsive=true]

Judge Continues Hearing After Defense Expresses Skepticism Over Competency Finding

On July 13, a DC Superior Court judge continued a hearing to July 24 in order to give a defense attorney more time to speak with the defendant about his mental competency to stand trial.

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, 2019.

Judge Michael Ryan declared Mott competent to stand trial during the July 13 hearing based on a report he received from the Department of Behavioral Health on June 26. The competency evaluation was conducted at St. Elizabeth’s Hospital, DC’s psychiatric institution, where the defendant is currently being held.

However, defense attorney Kevin Oliver disagrees.

Oliver said he spoke to Mott on the phone last week and he did not seem competent. He also said he has not had much communication with Mott because he was waiting to receive the report.

The attorney said he would feel better about the finding if he was able to speak to Mott and his doctor.

Even though Judge Ryan found Mott competent, he did agree to continue the hearing so that Oliver can obtain more information.

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.

During the confrontation with police, Mott said he was “Illuminati.”

Mott was transferred from DC Jail to St. Elizabeth’s on Dec. 11, 2019. He was found mentally incompetent to stand trial on Jan. 13, Feb. 14 and March 13.

Another competency report received on April 21 could not determine if he was competent to stand trial.

Document: Police Arrest Suspect for Burglary

The Metropolitan Police Department arrested a man for burglary on June 12.

According to court documents, Albert Washington is charged with burglary one for allegedly took property from an occupied residence on the 400 block of Richardson Place, NW on July 10.

Washington is being held at DC Jail.

[documentcloud url=”http://www.documentcloud.org/documents/6988678-7-13-20-Arrest-Made-in-Burglary-One-400-Block-of.html” responsive=true]

Document: Police Investigate Homicide in Douglas Neighborhood

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 3300 block of 15^th Street, SE.

According to a press release, officers located 34-year-old Gary Swinson suffering from multiple gunshot wounds on July 12. He died at a local hospital.

The department is offering a reward up to $25,000 for information that leads to an arrest and conviction in this case or any other homicide case in Washington, DC. Anyone with information can call the police at 202-727-9099. Anonymous information may be sent to the department’s Text Tip Line — 50411.

[documentcloud url=”http://www.documentcloud.org/documents/6987810-7-13-20-Homicide-3300-Block-of-15th-Street.html” responsive=true]

Document: Police Release Name of Homicide Victim on S Street, SE

The Metropolitan Police Department released the name of a victim of one of the two homicides that occurred on July 12.

According to a press release, officers found 58-year-old Paul Lewis Butler suffering from trauma on the 3900 block of S Street, SE. He died from trauma on the scene.

More information on his injuries have not been released.

[documentcloud url=”http://www.documentcloud.org/documents/6987693-7-13-20-Decedent-Identified-in-a-Homicide-3900.html” responsive=true]

Police are also investigating the fatal shooting of 28-year-old Shanika Williams on the 800 block of 19th Street, NE.

Williams also died on the scene.

The homicides do not appear to be related.

The department is offering a reward of up to $25,000 for information that leads to an arrest and conviction for any homicide in Washington, DC. Anyone with information can call the police at 202-727-9099. Anonymous information can be sent to the department’s Text Tip Line — 50411.

[documentcloud url=”http://www.documentcloud.org/documents/6987692-7-12-20-Homicide-800-Block-of-19th-Street.html” responsive=true]

Crime Alerts: July 12-13

Between 5 p.m. on July 12 and 10 a.m. on July 13, the Metropolitan Police Department sent out three crime alerts.

The most recent alert was sent at 6:52 a.m. for a robbery on the 3200 block of 17th Street, NW that occurred at 6:25 a.m.. Police are looking for three young Black females between 15 and 17 years old. They were last seen leaving the area in a small, white vehicle.

Another alert for a robbery was sent at 4:00 a.m. on the 900 block of Monroe Street, NE. Police are looking for four males with no description.

The final alert was sent at 11:20 p.m. for a shooting on the 2300 block of 4th Street, NE. Police are looking for a Black male with a slim build, wearing a black top with white trim on the bottom, dark colored pants, and a mask. He was last seen in the south alley on the 300 block of Bryant Street, NE.

Anyone with information about these incidents should call 911.

Search