Judge Schedules Hearing in Assault Case

On Aug. 24, DC Superior Court Judge Julie Becker scheduled a preliminary hearing to determine if a case has enough evidence to go to trial.

James Yarborough is charged with assault with a dangerous weapon and threats to injure or kidnap a person in connection with an incident that allegedly occurred on or around July 17.

The preliminary hearing is set to take place on Sept. 23.

Yarborough, 24, is also charged with possession with intent to distribute a controlled substance while armed, possessing a firearm during a crime of violence, carrying a pistol without a license, unlawful possession of a firearm, possession of an unregistered firearm, unlawful possession of ammunition and possession of drug paraphernalia in a separate case, according to DC Courts.

Yarborough will remain in DC Jail awaiting his next court appearance, where he has been since July.

Judge Finds Probable Cause for Three of Four Co-Defendants

A DC Superior Court judge ruled that three out of four co-defendants had enough evidence to go to trial on gun possession charges.

Malcolm Gaskins, Hassan Thompson, Jonathan Brown and James Robinson were arrested May 20 in an apartment building on the 3400 block of 13th Place, SE.

According to court documents, members of the Gun Recovery Unit responded to an anonymous tip that the suspects were in possession of firearms. Upon arriving at the scene, one officer covered the apartment door’s peephole, causing it to open. The responding officers recovered 11 ounces of a green leafy substance, a glass vial half-filled with an amber-liquid, five handguns and ammunition.

Robinson’s possession with intent to distribute a controlled substance charge was dismissed. Judge Rainey Brandt said she did not find probable cause.

During the Aug. 24 hearing, the arresting Metropolitan Police Department (MPD) officer said he smelled marijuana, but acknowledged that he did not initially spot any in plainview.

Robinson’s attorney, Rachel Cicurel, pointed to a pending investigation against the officer when arguing that her client’s case did not have probable cause. The officer is under investigation for allegedly using excessive force and violating proper search and seizure protocols in 2017.

The other three defendants are charged with unlawful possession of a firearm in connection with the incident. Judge Brandt found probable cause in their cases.

Brown and Gaskins will remain released on their promise to return to court for their next hearing. Thompson will remain held at DC Jail.

Judge Brandt scheduled the three defendants for a status hearing on Nov. 12.

Judge Finds Probable Cause, Holds Defendant

A DC Superior Court judge ruled that a destruction of property case has enough evidence to go to trial and held the defendant.

The defendant allegedly destroyed the pin pad and front glass door of a store on the 2900 block of Benning Road, NE on June 27. He was arrested the next day.

The prosecution brought forward a Metropolitan Police Department (MPD) officer to testify during the Aug. 14 hearing.

The prosecution asked Judge Renee Raymond to hold the defendant because of his other six pending cases, which include charges of theft, unlawful entry, bail violation and misdemeanor sex abuse.

The defendant picked up some of these charges while on release in other cases. The prosecution also said that the defendant could be a flight risk because he has missed a hearing in the past.

Defense attorney Lola Ziadie asked for her client’s release. She said her client should be presumed innocent and that the missed hearing was due to the defendant not receiving notice, an issue Ziadie does not believe will repeat itself.

Judge Raymond denied the release request, saying the safety of the community cannot be reasonably ensured if she released him.

The defendant’s next hearing is scheduled for Oct. 29.

Defendant Receives Probation for Drug Charge

A DC Superior Court judge sentenced a defendant to probation for a drug charge.

Donald Jackson pleaded guilty to attempted distribution of synthetic cannabinoid. He picked up the charge in March of 2019 after a buy-bust operation by the Metropolitan Police Department.

The prosecution asked for a 10-month sentence, with all but 4 months suspended. The defense asked for a fully suspended 10-month sentence, which was what Judge Gerald Fisher ultimately chose to impose.

Judge Fisher said he suspended the sentence because the crime was not violent and the defendant has done well on pretrial release.

Jackson also received 12 months of supervised probation, but it can be changed to unsupervised after six months if he is compliant with the conditions.

As part of his probation, the defendant must receive mental health services.

During the Aug. 24 sentencing, Jackson acknowledged that he needs treatment, and did have some angry outbursts towards the end of the hearing.

The defendant must also pay $100 to the Victims of Violent Crime fund.

Document: Unidentified Pedestrian Fatally Struck on I395

A pedestrian was struck twice by different vehicles in the early morning of Aug. 23.

According to a press release, at approximately 1:52 a.m. a pedestrian was walking when struck by a vehicle on I395 northbound, near the exit ramp from the 9th Street tunnel.

A spokesperson for the Metropolitan Police Department told D.C. Witness that the impact of the first vehicle pushed the victim into ongoing traffic headed westbound. This resulted in the victim being struck a second time by a different vehicle.

The DC Fire and Emergency Medical Services responded to the scene, however the victim was pronounced dead after being transported to an area hospital.

Anyone who has knowledge of this incident should call police at 202-727-9099 or text a tip to the Department’s Text Tip Line — 50411.

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Judge Modifies Defendant’s Pretrial Release

A DC Superior Court judge modified a defendant’s pretrial release and ordered him to resolve a warrant in Virginia.

Leon Barnes is charged with burglary and first-degree theft in four different cases.

During the Aug. 24 hearing, defense attorney Michael Bruckheim asked Judge Gerald Fisher to remove the defendant’s curfew so that he can have more flexibility now that he has gotten a job.

Bruckheim said his client has had no issues complying with the High Intensity Supervision Program (HISP,) on which he has been since he was released from jail in March due to the COVID-19 pandemic.

The prosecution did not want the defendant’s curfew to be removed entirely, but was okay with it being modified.

Judge Fisher extended the curfew from 10:00 P.M. to midnight. He also required Barnes to resolve a warrant he has in Fairfax County, Va. within 30 days.

Document: Police Seek Suspect for Sex Abuse Offense

The Metropolitan Police Department (MPD) is seeking the public’s assistance in identifying and location a suspect involved in a third-degree sexual abuse offense that occurred on the 600 block of W Street, NE.

At approximately 11:20 a.m. on Aug. 17, the suspect engaged in unwanted sexual contact by using force with the victim.

The suspect is described as a Black male, approximately 5’5″ in height, wearing a hooded jacket. A picture of the suspect can be seen in the photo below.

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Crime Alerts: August 23-24

Between 9 p.m. on Aug. 23 and 9 a.m. on Aug. 24, the Metropolitan Police Department (MPD) sent out seven crime alerts.

The most recent alert was sent at 5:27 a.m. for a robbery on the 1400 block of Tuckerman Street, NW. Police are looking for two Black males wearing all dark clothing and armed with knives. They were last seen in a white SUV.

Another crime alert for a robbery was sent at 3:41 a.m. on the 3000 block of 15th Street, NW. Police are looking for four Hispanic males in a grey vehicle.

A crime alert for a shooting investigation was sent at 1:48 a.m. on the 3900 block of Martin Luther King Jr. Avenue, SW.

Another alert for a shooting investigation was sent at 12:06 a.m. on the 100 block of Yuma Street, SE. Police do not have a description of the suspect(s).

An alert for a shooting investigation on the 100 block of Yuma Street, SE was also sent at 12 a.m.

An alert for a shooting on the 1300 block of Saratoga Avenue, NE was sent at 11:19 p.m. According to the police, one subject was stopped.

The final alert was for a robbery investigation at the intersection of 2nd Street and L Street, NE. Police are looking for a Black male with an athletic build, last seen wearing no shirt with black athletic pants.

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

Document: Traffic Fatality in Downtown DC

The Metropolitan Police Department is investigating a traffic fatality that occurred just before midnight on Aug. 21.

According to a press release, 37-year-old Matthew Swearinge collapsed in the intersection of 16^th Street and L Street, NW at 11:12 p.m. A vehicle then drove over the pedestrian. The victim was taken to a local hospital where he was pronounced dead.

Anyone who has knowledge of this incident should call police at (202) 727-9099 or text your tip to the Department’s Text Tip Line –50411.

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Document: Police Search for Suspects

Help the Metropolitan Police Department find these suspects.

The MPD is looking for suspects in reference to an assault with a dangerous weapon (Gun) offense that occurred on Aug. 21 on the 1300 block of Congress Street, SE.

According to a press release, a 5-year-old juvenile male was found suffering from a gunshot wound. He was taken to the hospital for non-life-threatening injuries.

The police are also looking for suspects in reference to an unarmed carjacking on Aug. 21 on the 6200 block of Dix Street, NE.

Anyone who can identify these individuals or who has knowledge of this incident should take no action but call police at (202) 727-9099 or text your tip to the Department’s TEXT TIP LINE — 50411. A monetary award is being offered for information that leads to an arrest, indictment or conviction.

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Document: Police Arrest Multiple Suspects for Robbery Offenses

The Metropolitan Police Department (MPD) announced several arrests for robberies in the District of Columbia.

A 42-year-old male, who is a resident of Northeast, DC, was arrested on Aug. 15 for a robbery on the 1400 block of 1^st Street, NW. The Police are still searching for another suspect in connection to the robbery.

At approximately 5:47 a.m, the suspects assaulted a victim and took property.

On Aug. 17, a 35-year-old male, who resides in Northwest, DC, was arrested for assault with intent to commit robbery on the 3000 block of 14^th Street, NW.

At approximately 3:13 a.m., the suspect approached a victim and assaulted him while attempting to steal his cell phone. The suspect was apprehended by responding officers.

Police also arrested a 21-year-old male, a resident of Northeast, DC, on Aug. 18 for an unarmed carjacking on the 3800 block of Georgia Avenue, NW.

At approximately 7:30 p.m., two suspects pushed a victim out of her vehicle before fleeing the scene. The case remains under investigation.

A 17-year-old juvenile male, and a 15-year-old juvenile male, both residents of Southeast, DC, were arrested for an armed robbery offense on the 3100 block of W Street, SE on Aug. 18.

At approximately 10:15 pm, the suspects wielded a handgun at the victim. The suspects fled the scene in the victim’s vehicle.

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Prosecutor Seeks Answers on Forensic Errors in Murder Case

A DC Superior Court judge reviewed forensic evidence relevant to a murder defendant’s motion to have his inditment dismissed.

Ron McLeoud and his former co-defendant Joseph Brown are charged with first-degree murder while armed in the deaths of Amari Jenkins, who was found dead on Aug. 15, 2015, on the 4900 block of East Capitol Street, SE and Antwan Baker, who was found dead on the 5300 block Clay Terrace, NE.on Nov. 12, 2015. McLeoud, 27, was arrested in December of 2017.

The Aug. 21 hearing was scheduled because the prosecution was seeking more information about how the Department of Forensic Services (DFS) made an erroneous determination about ballistic evidence, which caused incorrect information to be presented to a grand jury.

“It really comes down to not if information presented to the grand jury was incorrect but at what point that falsity was known or should’ve been known to the government,” Judge Todd Edelman said.

In a document opposing the defense’s dismissal motion, the prosecutor said he did not know how the former Department of Forensic Services (DFS) examiner came to the incorrect determination.

“I have a tremendous amount of concern over what’s happened in this case and we need to get to the bottom of it,” he said.

The prosecutor made a discovery request on June 12, which the DFS refused.

The department questioned whether the prosecution has a right to the material being requested.

Robert Trout, the lawyer for DFS, said that the department’s internal workings should remain confidential.

But, the prosecutor disagreed, calling it “propostureous” for a crime lab to say that “how they got from a – b is protected.”

Judge Edelman also disagreed with Trout.

“They [DFS] only exist because of these cases,” he said.

Judge Edelman gave the prosecution until Sept. 2 to file a motion to mitigate privilege law so that he could access this information. The DFS has until Sept. 9 to respond to the prosecutor’s motion.

McLeoud and Brown were indicted as co-defendants at one point. However, their cases went on to be severed.

At one point, the two homicide scenes were determined to be linked by ballistic evidence. That evidence was later discovered to be erroneous, but not until after the incorrect firearms testimony was presented to a grand jury, which prompted the defense’s motion.

Defense attorney Steven Kiersh filed a motion to dismiss his client’s indictments based on the Introduction of false testimony in the grand jury and, alternatively, to require the prosecution to give the defense counsel the entirety of the grand jury minutes on May 1.

In his motion, Kiersh argued that “regardless of whether the information was known at the time to be false when it was presented to the grand jury, the fact remains that the grand jury which returned the indictments was misled and defendant was extraordinary prejudiced by unchallenged testimony that has proven to be false.”

Kiersh later went on to write that McLeoud “has absolutely no means to cure the injustice of having a grand jury hear false and highly prejudicial ballistics evidence. Dismissal of the indictment is the only means to cure the injustice.”

This article was written by Andrea Keckley.

Judge Holds 7 out of 23 Defendants During Initial Hearings

On Aug. 21, DC Superior Court Judge James Crowell released 16 defendants, held six in DC Jail and held one in the custody of the Department of Youth Rehabilitation Services (DYRS) during initial hearings.

Seth Andrews, who was charged with first-degree murder, is held by Judge Crowell. The defense submitted on probable cause and requested Andrews’ release. Andrews allegedly murdered his mother, 67-year-old Hazel Evans, by strangulation on the unit block of 35th Street, SE. Andrews began loudly crying in the midst of the hearing.

After reviewing evidence, Judge Crowell found Andrews a potential danger to the public and held him on the murder charge.

Judge Crowell held Quincy Johnson, a 16-year-old high school student, on the charge of first-degree murder while armed. Johnson is being charged as an adult and allegedly shot 20-year-old Anthony Riley on July 17 on the 100 block of Walnut Street, NW.

The defense brought up Johnson’s asthma condition, asking for his release.

Judge Crowell acknowledged the defense and detained Johnson based on the dangerous nature of the charge. Johnson is being held in the Department of Youth Rehabilitation Services (DYRS) custody.

One defendant is being held on the charge of failure to appear for a probation hearing in a domestic violence case. Judge Crowell ordered an mental exam for the defendant.

Another defendant involved in a domestic violence case, charged with second-degree theft and contempt. HE is being held at the DC Jail. Judge Crowell acknowledged the defendant’s history of domestic violence and violations of court orders.

Nijee Britton is being held on the charges of unlawful possession of a firearm, possession with intent to distribute a controlled substance and possession with intent to distribute a controlled substance while armed. The substances were cannabis and codeine.

Tyrell Moody is being held on the charge of unlawful possession of a firearm with a prior conviction. Judge Crowell cited that Moody was convicted for the “exact same offense” just two years ago.

Bianka Hill is charged with being a fugitive from justice, where she is wanted for aggravated assault with a weapon. Judge Crowell held the defendant because of the nature of the crime and her extended criminal history. Hill is being held for three days awaiting Maryland to pick her up.

Of those released, three did not have charges filed against them by the prosecution.

Four defendants, charged with domestic violence assault, attempted threats to do bodily harm and Temporary Protection Order (TPO) violation, were released by Judge Crowell. Three of the defendants were given stay-away orders and one was given a no harassment, assaultive, threatening or stalking (HATS) order.

Three defendants, charged with being fugitives from justice, were released to turn themselves in to the demanding jurisdictions where they are wanted for probation violation, failure to appear and fraud.

Judge Crowell released four defendants with misdemeanor charges. Two were given stay-away orders, one was ordered to get a drug and alcohol assessment once available and one was released on GPS monitoring.

Two defendants charged with felonies were released. One defendant was charged with possession with intent to distribute codeine and cannabis, and one was charged with unlawful possession of a firearm with a prior conviction.

Two defendants are still in the hospital. One has been in the hospital since July 20, and the other since Aug. 12. Judge Crowell moved their hearings to Aug. 22.

Judge Reschedules Homicide Hearing with Teenage Co-Defendants

During a status hearing, a DC Superior Court judge rescheduled a hearing for the beginning of October to determine if a homicide case with teenage co-defendants has enough evidence to go to trial.

Michael Mason, 16, and Dajuan Jones, 19, are co-defendants charged with first-degree murder while armed for the death of Brea Moon, 21. Moon was shot and killed on April 7 on the 3900 block of Alabama Avenue SE. Mason is being charged as an adult.

The co-defendants’ attorneys worked with Judge Robert Okun on Aug. 21 to reschedule a preliminary hearing. The hearing was initially set for Sept. 1, but the court had a conflict on that day.

The prosecution pushed for the days to be consecutive. If the days of the hearing were far apart, the prosecution would be unable to communicate with the lead detectives on the case, one of the prosecuting attorneys said.

After some back and forth about scheduling conflicts between the court, the detectives on the case, the prosecution and the defense, the hearing was set for a Friday and Monday in October, Oct. 2 and 5.

Mason is also charged with first-degree murder while armed for the murder of Antwuan Roach, an 18-year-old resident of Southeast, D.C. who was killed on May 22 on Anacostia Road SE.

Jones has two other open cases for assault with intent to kill and fugitive from justice. He was also the defendant in a homicide trial from earlier this year in which he was found not guilty.

Judge Sentences Defendant for Assault and Sex Abuse Case

On Aug. 21, a defendant was sentenced to 10 months for assault with bodily injury and 90 days for a misdemeanor sex abuse charge. He was also given 6 months supervised probation.

The incident took place on May 6, 2019, on the 4000 block of H Street, SE.

The case was originally supposed to be sentenced in February.

While the defendant waited for his sentencing, he showed commitment to mental health and substance abuse rehabilitation efforts.

The defendant also owes a total of $150 for both crimes to the Victims of Violent Crime Compensation fund. He is prohibited from possessing or purchasing a firearm in Washington, D.C, must maintain mental health services through Community Connections , a not-for-profit mental health and addiction agency in SE, and have no contact with the victim in the case.