Judge Finds Probable Cause For Voluntary Manslaughter

A DC Superior Court judge ruled that there is probable cause to bring a manslaughter case to trial.

Phillip Humphrey allegedly stabbed Cornell Mason, a 33-year-old resident of Northeast DC, April 14 on the 4000 block of Clay Place, NE. He was originally charged with second-degree murder while armed on April 10. However, the charge was changed to voluntary manslaughter while armed during the July 9 preliminary hearing.

While parties agree that witnesses saw Humphrey stab Mason, defense attorney Ronald Resetarits argued that he did so in self defense.

A Metropolitan Police Department (MPD) detective said that, during his interview with the defendant, Humphrey said that Mason did not like when the defendant was in the house.

When Mason arrived at the address on Clay Place, NE, there was an altercation with Humphrey, according to court documents. Mason allegedly punched Humphrey in the face. Humphrey, who was already holding a knife, swung at Mason.

Though the prosecution argued to bring Humphrey to trial on the charge of second-degree murder, DC Superior Court Judge Neal Kravitz ruled that the prosecution failed to prove beyond a reasonable doubt that there were no mitigating circumstances surrounding the stabbing.

However, the judge did rule that there is probable cause to go to trial on the charge of voluntary manslaughter while armed.

The judge said evidence of the location of the stab wound and witness testimony gave the manslaughter charge probable cause.

During the July 9 hearing, Humphrey was released under the High Intensity Supervision Program (HISP.) He was granted release because he has a stable home environment.

Judge Kravitz said the defendant is not a risk to the public.

A hearing to discuss the status of the case is scheduled for Oct. 30.

Judge Finds Probable Cause for Defendant Involved in Jail Assault

A DC Superior Court judge found probable cause for that a defendant conducted an attack on a fellow DC Jail inmate.

Marquette Tibbs is charged with assault with a dangerous weapon for allegedly stabbing an inmate with a sharp object described as a homemade knife-like weapon. According to court documents, video surveillance shows the defendant lunging at the victim while he was being escorted to the second level of the jail.

Judge John Campbell decided not to release the defendant, saying the surveillance footage shows the defendant and his actions clearly. The judge said the defendant presents a danger to the community.

Defense attorney Jeffrey Stein said his client could have acted in self defense, though the prosecution said that surveillance footage showed the inmate in handcuffs and without a weapon.

Stein also opposed the prosecution’s request to hold Tibbs on the charge, saying it was unnecessary since he is already being held on two other charges.

On March 29, 2019, Tibbs allegedly attacked a correction’s officer with a sharp object. He is being charged with assault with a dangerous weapon. The case is pending a grand jury.

Tibbs was also found guilty of unlawful possession of a firearm with a prior conviction in February for his involvement in the death of 37-year-old Orlando Silver on November 27, 2016. A jury did not find him guilty of murder.

The prosecution said that if a judge dismisses the charges, there would be nothing holding Tibbs in jail. The prosecutor also said that if released, Tibbs would be a danger to the public because of his history of violence.

Tibbs’ next hearing is scheduled for July 28.

Prosecution Takes Back Non-Compliance Notice

On July 9, DC Superior Court Judge Michael O’Keefe ruled that a defendant’s notice of non-compliance was invalid.

Wendell Poole is charged unlawful possession of a controlled substance — cocaine.

A representative from the Pretrial Services Agency (PSA) said a notice was filed when there was trouble reaching Wendell Poole on July 8. Later that same day, the representative said the agency made a successful contact with the defendant and verified that he has been maintaining the conditions of his stay-away order.

The notice of non-compliance was discharged.

A previous notice of noncompliance was filed against Poole on June 10. Judge O’Keefe asked that the defendant becomes more proactive in contacting pretrial services.

The defendant has no further hearings scheduled at this time.

Judge Issues Bench Warrant

DC Superior Court Judge Michael O’Keefe issued a bench warrant for a defendant’s arrest.

Clifton Smith was charged with unlawful possession of a firearm and assault with a dangerous weapon for allegedly punching a victim on the 140th block of Wayne Place, SE on April 13, 2019.

Defense attorney Edward Gains said his client could not attend the hearing since he is currently at the United Medical Center in a psychiatric medical unit.

Smith, 54, received 14 notices of noncompliance with his pretrial release. The first notice was filed two weeks after he was released under the high intensity supervision program (HISP.)

The defendant got into a fight with a man at a birthday party. He allegedly hit the man with a closed fist and threatened to shoot him in the face. When the victim tried to leave, Smith got a handgun and followed him, court documents stated.

When Metropolitan Police Department (MPD) officers arrived at the scene, the defendant allegedly attempted to run away from the officers and threw the gun into a grassy area.

Judge Sentences Defendant to Supervised Probation

A DC Superior Court judge sentenced a defendant to 18 months of supervised probation.

The defendant was sentenced in four cases. He pleaded guilty to simple assault, attempted possession of a prohibited weapon, contempt, obstruction and destruction of property less than $1,000.

As part of a plea agreement with the prosecution, his other charges of second-degree theft were dropped.

The defendant’s conditions include taking a domestic violence intervention program, GPS monitoring and paying $300 to the Victims of Violent Crimes Act fund.

Judge Maribeth Raffinan also issued a stay away order from the victim, her residence and the restaurant where one of his crimes occurred.

The 20-year-old defendant violated a stay away order he received from a simple assault case by going to the woman’s home on the 5000 block of Hunt Street, NE. He pressed a knife against her neck and said, “shut the f*** up or I will cut your a**.” When she attempted to call the Metropolitan Police Department (MPD) for help, he took the cell phone from her hands., according to court documents.

The prosecution read her written victim impact statement during the July 9 sentencing.

“Some days I felt suicidal, some days I’ve cried all day and some days I’ve gone without eating,” the victim wrote.

She said the worst feeling is staring at blank walls while under a 48-hour watch to make sure she does not hurt herself. She now goes to therapy twice a week.

In two of the three times the woman called DC police on the defendant, her child was present when he assaulted her. In one case, she was holding the child.

The victim suffered multiple injuries as a result of Wallace’s actions. Her lips have split twice and she has experienced swelling in her eyes.

In another incident, the defendant was unhappy with a slushy he ordered at a restaurant on the 4000 block of Minnesota Avenue, NE. He broke the machine by pushing it off the counter when his request for a refund was denied. He also threw a phone at it, which struck an employee.

The owner of the restaurant said he does not want any money to repair the $2,700 machine. He just asks that the defendant “focus on turning around and being good.”

Defense attorney Winston Yallery-Arthur said his client started acting out when his father got sick a year ago and could no longer influence his actions.

“He understands that he has messed up and that this is the time for him to make a turn in a different direction,” said Yallery-Arthur.

The defendant wishes to move to Maryland where he can get away from negative influences. He is taking classes and is only a few credits away from earning his GED.

Judge Demands Drug Test for Defendant

On July 9, the prosecution pushed for a convicted violent offender to be transferred to in-patient services for the remainder of their sentence.

Clarence Alexander was convicted of simple assault on Nov. 21, 2019, and sentenced to one year of probation on Dec. 18, 2019. According to court documents, the defendant was under the influence of the drug K2 when he committed the crime.

DC Superior Court Judge Michael O’Keefe ruled that the defendant must take an immediate drug test after multiple probation violations in Jan. 2020.

In order to demonstrate that he was no longer ingesting the substance, his probation’s primary condition was to appear for multiple drug tests. However, Alexander has not reported for the test and his probation officer has not been able to reach him because he is homeless.

A Court Services and Offender Supervision Agency (CSOSA) officer, who oversaw the conditions for Alexander’s probation, initially requested in-patient services for drug abuse for the remainder of Alexander’s sentence.

The prosecutor agreed.

Alexander’s attorney, Chris Langello, argued that since the defendant has not taken a drug test, there is no proof that he has been consuming K2.

The attorney said his client has not abused any controlled substances aside from marijuana and alcohol for at least 3 months. He would “rather go to jail than receive in-patient care,” Langello said.

The officer agreed to extend the defendant’s probation if he immediately reported to a CSOSA drug-testing location after the trial.

Judge O’Keefe agreed, saying, if Alexander tests negative, he would remain on probation and be responsible for weekly check-ins with his probation officer going forward. If he tests positive, he would be recommended for in-patient treatment or detention.

The judge made Alexander step out of the courtroom to make an appointment for drug testing.

The defendant’s next hearing is scheduled to take place on Aug. 13.

Document: Police Arrest Suspect for Burglary

Officers from the Metropolitan Police Department arrested a man who is suspected of taking property from an establishment in Northwest DC.

Officers apprehended 65-year-old Malcolm Barr for burglary two.

According to a press release, the suspect allegedly gained entry to the establishment located on the 1900 block of 18th Street, NW and took property.

He is awaiting his initial hearing in DC Superior Court.

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Document: Police Arrest Suspect for Independence Day Homicide

Officers from the Metropolitan Police Department arrested a juvenile for a fatal shooting on July 4.

The juvenile was apprehended on July 8 for first-degree murder. He allegedly shot 36-year-old Antonio Gardiner on the 1500 block of Pennsylvania Avenue, SE.

The homicide was one of two shootings on Independence Day.

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Judge Sets Date for Defendant’s Preliminary Hearing

A DC Superior Court judge scheduled a hearing for a defendant charged with robbery and assault with a dangerous weapon.

Eldred Watts, 26, allegedly jumped a man on the 3800 block of Minnesota Avenue, NE on Jan. 30. The victim flagged down a Metropolitan Police Department (MPD) officer.

Judge Julie Becker scheduled the hearing for Aug. 6, during which the court will decide if the case has enough evidence to move forward.

According to court documents, the MPD published a video of the crime across social media platforms in an effort to get the public’s help identifying the suspect. On Feb. 1, an anonymous caller contacted the MPD and identified Watts.

On Feb. 1, the MPD recovered a firearm from Watts. After comparing the recovered gun to the still images of the gun used in the assault, the MPD determined that the gun was the same. An arrest warrant was then issued for Watts’ arrest.

Watts was held at DC Jail on April 25. He was denied a request to be released based on medical conditions on May 20. Watts is still being held in the jail.

Judge Cancels Bench Warrant

DC Superior Court Judge Michael O’Keefe canceled a bench warrant for a defendant’s arrest on July 9 because he was detained at another jail when he failed to show up to his court date.

Anton Abney pleaded guilty to simple assault on Oct. 26, 2017. He was sentenced to 18 months of supervised probation.

Abney failed to report to the hearing that was scheduled after he violated the conditions of his probation, prompting the bench warrant to be issued.

Defense attorney Thomas Healy said his client did not show up because he was detained at the Montgomery County Detention Center in Clarksburg, Md., where he was serving a sentence for underage possession of a regulated firearm.

Defendant Doesn’t Have to Serve Jail Time for Assault and Property Charges

A defendant pleaded guilty to assault and destruction of property on July 9, receiving a 90-day suspended sentence.

The defendant, who was convicted in a domestic violence case, admitted to punching his ex-boyfriend in the face, breaking into his house and smashing a microwave oven and refrigerator.

The defendant has to serve 12 months on probation for the crimes. During probation he is required to undergo drug and alcohol testing and a mental health assessment.

The prosecution also asked that Russell be ordered to stay away from a store that was part of another case.

Judge Maribeth Raffinan did not grant the request since that case is now closed, but she did issue a stay away order from the victim.

Judge Continues Hearing for Defendant to Review and Sign Plea Deal

A DC Superior Court judge continued a defendant’s hearing on July 9 in order to give his attorney more time to review a plea offer with the defendant and get it signed.

Olonzie Coney was charged with assault with a dangerous weapon on March 2. He was released awaiting trial in April.

Coney’s attorney, Lucas Dansie, requested that Coney plead guilty to both charges on July 9. However, Dansie did not provide Judge Julie Becker with a signed copy of the plea agreement.

Dansie requested that Judge Becker place the defendant’s signature on the agreement via verbal confirmation, but Judge Becker said she was uncomfortable doing so.

Judge Becker continued the hearing in order for Dansie to go over the terms of the agreement and get Coney’s signature.

According to court documents, Coney was arrested for second-degree theft on May 8 following his release for the weapons charge. He allegedly robbed an establishment on the 700 block of 14 Street, NW. He is currently being held on a cash bond.

Both of Coney’s cases were continued until July 15, when he is expected to plead guilty.

Judge Revokes Homeless Defendant’s Bench Warrant

DC Superior Court Judge Michael O’Keefe revoked a defendant’s bench warrant for failure to appear in court on July 8.

Aubrey Mays was charged with possession of a controlled substance on May 10, 2018. He failed to appear to his non-jury trial on Dec. 11, 2019.

Mays said he came to court July 8 to resolve the bench warrant in an effort to pursue sobriety. Christ House, an organization dedicated to helping homeless men, provided the defendant with medical care and substance abuse treatment.

The defendant must contact the Pretrial Services Agency once a week.

Mays’ next hearing is scheduled for Sept. 8.

Crime Alerts: July 8-9

Between 8 p.m. on July 8 and 8 a.m. on July 9, the Metropolitan Police Department sent out two crime alerts.

The most recent alert, sent at 10:23 p.m., was for a shooting on the 1700 block of Benning Road, NE. Police are looking for a black vehicle associated with the shooting.

The second alert was sent at 9:57 p.m. for a stabbing on the 800 block of N Street, NW. Police do not have a description of the suspect at this time.

If you have any information about these events, please call 911.

Crime Alerts; July 8

The Metropolitan Police Department sent out four crime alerts after 11a.m. on July 8.

The most recent alert was sent at 9:57 p.m. for a stabbing on the 800 block of N Street, NW.

An alert was sent at 7:10p.m. for an armed carjacking investigation on the 1700 block of Lang Place, NE. Police are looking for two black males, aged 16-17 years old. One suspect is wearing a black shirt and black pants. The second suspect is wearing a dark blue shirt, and black pants. Both suspects are armed.

At 4:39p.m. an alert for a shooting on the 4600 block of Martin Luther King Jr. Avenue, SW was sent out. Police are looking for two juvenile males in a silver vehicle. They were last seen fleeing the scene.

At 11:07 a.m. police sent out a crime alert for a robbery with a gun on the 500 block of Randolph Street, NW. Police are looking for two black males, approximately 5’6” who are 25 years old, carrying black handguns. The suspects were last seen traveling eastbound down the alley in a black minivan. The model is not known.

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

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