Judge Reschedules Hearing for Man Charged with Theft

A hearing to decide whether a defendant should remain on probation was rescheduled for Sept. 11.

On Sept. 20, 2019, Edward Cowser took $314.30 worth of beer and prescription medicines from a Harris Teeter grocery store, located on the 1300 block of Potomac Avenue, SE without paying. Police stopped him while he was exiting the premises, according to court documents.

Cowser was arrested again on Oct. 7 after police discovered him with a 24-pack of Budweiser beer allegedly stolen from a liquor store on the 1600 block of New York Avenue, NE.

He later took various medicines and lotions from a CVS pharmacy located on the 500th block of 12th Street, SE on Oct. 25.

He claimed they were his, but police never found a receipt on him.

Cowser is charged with second-degree theft in all three cases.

Document: Homicide on New York Avenue, NW

Officers from the Metropolitan Police Department responded to a report of a shooting on the unit block of New York Avenue NW on June 26.

Officers discovered 33-year-old Robert Judd suffering from gunshot wounds.

He was pronounced dead at a local hospital.

Judd was a resident of Northwest, DC.

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

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Judge Decides to Continue A Pregnant Defendant’s Release

A pregnant woman with health conditions was reminded by all parties June 25 to stay in compliance with her GPS requirements.

Dwanda Reese has three felony charges pending against her all related to an alleged hand-to-hand drug transaction.

A hearing was held on June 25 for Reese’s continued non-compliance with her GPS requirements.

A Pretrial Services Agency (PSA) representative did not request program removal but requested that the judge remind her of the importance of charging her device and reporting to pretrial once a week by phone.

Reese’ defense attorney noted that she was released in April because of COVID-19 and has had a few GPS issues, but has been mostly in compliance. He said Reese has a very supportive fiancé who helped her get to court.

District of Columbia Superior Court Judge Heide Herrmann mentioned that it was a good sign that she showed up to court in person.

The prosecution agreed with pretrial services, noting that Reese is pregnant and that everyone just wants to see her succeed.

Judge Herrmann scheduled a status hearing for July 13. She reminded Reese to stay in compliance with her release conditions.

Crime Alerts: June 25-26

From 10 p.m. on June 25 to 10 a.m. on June 26, the Metropolitan Police Department sent out one crime alert.

An alert for a shooting was sent out at 12:46 a.m. on the unit block of New York Avenue NW. Police are not looking out for anyone in particular.

Anyone with knowledge of the incidents should call 911. Please do not take any other action.

Judge Continues Hearing for Defendant

A 53-year-old man gets time to comply with his release conditions.

David Smith accepted a plea deal in March and pleaded guilty to an attempt to commit robbery from a Banana Republic and Diament Jewelry. Smith is still awaiting sentencing on his case.

DC Superior Court Judge Heide Herrmann mentioned that DC Superior Court Judge Michael O’Keefe wanted to set sentencing as soon as possible, so she continued the hearing until July 9, citing that it may be changed to a sentencing hearing if Smith is able to come back into compliance.

Smith was initially scheduled for a hearing on June 25 for breaking his home confinement on multiple occasions, including as recently as June 24.

Smith’s defense attorney, Rachel Cicurel, mentioned that Smith suffers from extreme mental health issues. Since his release, Smith has taken great initiative to improve his mental health, according to his doctors, and he is taking classes on how to cope with anger and depression.

Cicurel also noted that Smith has three family deaths, including his father. He was also living alone and there was an outbreak of the coronavirus on his floor, so he had to move elsewhere because he has chronic pneumonia.

Cicurel said that while Smith has been leaving his place of residence, he has had no other reporting issues, and has not allowed his GPS’s battery to die.

The Pretrial Services Agency unsuccessfully requested that Smith stepped back because of his non-compliance with his home confinement.

Document: Police Arrest Man for May Shooting

The Metropolitan Police Department arrested a man they believe is connected to a shooting that occurred on May 31.

According to a press release, 28 year-old Jonathan Jenkins is charged with second-degree murder for allegedly shooting 25 year-old Richard Mitchell, a resident of Oxon Hill, Md. on the 2500 block of Elvans Road, SE.

Jenkins has no fixed address.

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Document: Arrest Made in Homicide on 3rd Street, SE

The Metropolitan Police Department arrested a suspect June 25 in connection to a homicide that occurred on Feb. 3 on the 4300 block of 3rd Street, SE.

According to a press release, 26-year-old Glenn Dolford was charged with premeditated first-degree murder while armed. Dolford allegedly shot 26-year-old Raheem Murray multiple times in February.

There were two additional victims who survived after receiving medical treatment.

The case remains under investigation.

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Judge Waits to Learn More About A Murder Case Before Ruling

A DC Superior Court judge said she wanted to know more about a murder case, but ran short on time forcing her to push back her ruling until July.

Gary Massey is charged with second-degree murder for allegedly firing shots at a Ford Expedition, killing the driver, 29-year-old Gregory Mayo, on the 600 block of Alabama Avenue, SE on March 29. After being arrested, Massey told the police that the victim had physically abused his sister.

Massey’s defense attorney Ronald Resetarits said he had no doubt that Massey was indeed the person involved in the incident. However, he said his client should not have been charged with second-degree murder.

Resetarits said Massey only intended to intimidate Mayo rather than kill him. Resetarits said that if Massey wanted to kill Mayo, he would have done so in a more direct way.

The lawyer said the victim’s abusive behavior towards Massey’s sister constitutes provocation and that the attack was caused by “a fit of rage”. My client acted in self defense because Mayo yelled, “I will kill you” shortly before the shooting, Resetarits said.

The prosecution objected to all arguments, saying Massey fired 13 shots. He very much wanted to at least hit the victim, the prosecutor said.

She said Massey’s actions could not have been the result of a sudden emotional upheaval because there was a substantial period of time between Massey’s acknowledgement of his sister’s abuse and the actual attack.

Surveillance footage of the crime scene, at the time of the murder, did not show any altercation between Massey and Mayo.

Judge Anita Josey-Herring said she was inclined to side with the prosecution, however she wanted to hear more from the defense.

The hearing is set to continue on July 2 when Judge Posey-Herring will decide if there is enough evidence to show whether or not Massey intended to commit the murder.

Crime Alerts: June 25

During the day of June 25, the Metropolitan Police Department sent out three crime alerts since 8 a.m.

The most recent alert was sent at 9:39 p.m. for a robbery on the 5400 block of New Hampshire Avenue. Police are looking for four black males driving a Dodge Charger with MD plates.

At 6:08 p.m., the police sent out an alert for a shooting. on the 2700 Block of Martin Luther King Avenue, S.E. Police are looking for a black male, wearing a white tank top who is in his 30’s and last scene in an older model Chevy Tahoe.

At 1:54 p.m., police sent out an alert for a stabbing on the 1200 block of 4th Street, NE. Police are looking for a black male wearing a black shirt and jeans.

Anyone with knowledge of the incidents should call 911. Please do not take any other action.

Judge Releases 18 of 21 Defendants During Initial Hearing

On June 25, District of Columbia Superior Court Judge Heide Herrmann released 18 defendants, holding three defendants at DC Jail.

Of those released, four defendants did not have charges filed against them, one was dismissed and two were given citations.

Judge Herrmann held a defendant on charges of assault, attempted threats, obstructing justice and contempt in a domestic violence case. She held him because he has two pending cases, and reoccurring offenses with the same person.

Raymond Touya is charged with one count of first-degree burglary for allegedly entering a residence and attempting to take some of the owners’ belongings. Touya’s defense attorney argued that the details in the police report are minimal and that it was very possible that Touya knew the alleged victims.

Judge Herrmann held Touya, citing the fact that he picked up a knife while in the residence and was concerned about the animosity between the owners and Touya.

Nicholas Dorsey was also held and is charged with one count of simple assault for spitting on the alleged victim and calling him names. Judge Herrmann held him, citing his three other pending cases that all involved Dorsey spitting on other individuals.

The judge said she would not usually hold a defendant in this situation, but she has “serious health concerns” given the current pandemic.

Judge Herrmann found probable cause in a case where the individual is charged with one count of assault with intent to commit robbery. The man’s defense attorney explained that the defendant was having an asthma attack and was asking for water, not someone’s wallet.

Three defendants charged with being fugitives from outside of DC were released with instructions to turn themselves in to the states where their warrants reside. One of the defendants’ case was dismissed.

A defendant charged with carrying a pistol without a license was released with a stay-away order from the 400 block of N Street NW because he has no criminal history.

Judge Herrmann agreed to release another defendant on GPS surveillance with a stay-away order from where the alleged incident occurred.

Two individuals with bench warrants for failure to appear were released with new dates set for their missed hearings.

Two defendants involved in domestic violence cases were also released as the prosecution was amenable. Judge Herrmann released them both with stay-away orders in place.

One final defendant is charged with one count of attempted threats and one count of destroying property in a domestic violence case. “Sometimes people just get overly angry,” said the defense attorney, suggesting that the defendant may just need anger management counseling.

Judge Herrmann released the defendant because the person who pressed charges is not the same person in his other cases.

She noted that he appears to have no problem following stay-away orders.

Judge Denies Murder Suspects’ Motion for Mistrial Due to COVID

DC Superior Court judge denied June 25 a defendants’ motion for a mistrial due to COVID-19 related delays.

Nyekemia Everett and Malik Hewitt are charged with first-degree murder while armed, conspiracy, attempt to commit robbery while armed and possession of a firearm during a crime of violence for their alleged roles in the shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017. They have also been charged with obstruction of justice for allegedly using threats to persuade a witness.

The trial of Everett, 34, and Hewitt, 40, began on March 3 and continued until it was suspended on March 18, right before the prosecution was supposed to have closing arguments.

Both defense attorneys stated jurors would be unable to remember what happened since it has been so long since the trial occurred. The attorneys also said they believe that towards the end of the trial, jurors were too distracted by the pandemic to give the case their full attention.

“There were many competing demands on jurors’ attention: death rates in areas affected by the virus soared; area schools shut down, and panic set in about the safety and health risks presented by the continuation of any business as usual,” the motion said.

Towards the end of the trial, there was so much confusion about the court’s operations that one juror was sent home after security incorrectly said the courthouse was closed to the public.

The prosecutor on the case said he does not believe that the pandemic impaired jurors’ ability to pay attention or adequately remember what occurred.

When courts reopen, there will be a “serious backlog” on jury cases, he said. Also, witnesses will have to be flown in again from Ohio, Texas., and California. The prosecution also cited a precedent set by the California courts. In the precedent multiple murder trials were motioned for mistrial in the state for the same reasons. The mistrials were denied every time.

Defense attorney Nikki Lotze acknowledged the concerns, but reminded the judge that “no one is more inconvenienced than the people that must sit in jail during this delay.” She said that “if Hewitt will accept the inconvenience, it’s not too much to ask the government to fly in a few witnesses.”

Counsel agreed a voir dire must take place to ensure individual jurors can fairly proceed with the trial.

While finding the delay “problematic,” Judge Anita Josey-Herring said she does not consider it to be an issue so long as all jurors state they are okay to continue the trial.

Another area of disagreement was whether transcripts may be used to refresh jurors’ memories in the trial.

The defense fears the prosecution may use the transcripts to “cherry-pick” and give unfair weight to certain arguments. However, the prosecution said the availability of the entire transcript to both parties will prevent issues.

Judge Josey-Herring did not decide on whether transcripts could be used in the trial.

She said that every voir dire should ask jurors if they would be able to remember everything when given a full transcript.

Defense attorney Michael Madden disagreed, saying the suggestion was coercive, as it would allegedly make jurors believe the trial must go on.

Everett and Hewitt’s next hearing is scheduled for Aug. 17.

Judge Continues Hearing for Defendant Accused of Stalking

A man thought to be homeless was almost taken off of GPS monitoring by a judge when he admitted that he has had a home from the beginning.

Norman Horace is charged with one count of stalking–should have known harm. Horace allegedly sends the person he is stalking love letters and appears outside her home on a regular basis.

The woman has reportedly asked Horace to stop, but she says he has ignored her requests. She also reported that she served a Temporary Protection Order to Horace.

Horace was scheduled for a hearing on June 25. The Pretrial Services Agency (PAS) reported that Horace did not have a GPS device on his ankle as instructed because he reported on June 15 that his ankle monitor was ripped off while he was on a run.

Horace apparently left behind his charger and GPS device while a High Intensity Supervision Program (HISP) employee was preparing to install another device on him.

Horace’s defense attorney, Kevin Irving, stated that Horace does indeed have a GPS device = on his ankle and Horace confirmed that he did by showing his ankle.

The representative from PSA was unaware that he had gotten it replaced.

The prosecution said this was not the only time that Horace violated GPS requirements over the past couple of months. “This is a serious stalking case involving several incidents where the defendant would not leave the victim alone,” the prosecutor said.

Irving noted that the woman has since moved out of the DC area and that GPS requirements are no longer needed at this time. He also noted that Horace is homeless, so charging the GPS is a struggle for him.

District of Columbia Superior Court Judge Heide Herrmann said she did not want to reward bad behavior, but it seemed that keeping Horace on GPS would be punitive and no longer a protection. “I don’t want a person to be set up for failure,” she said.

Just as Judge Herrmann said she would continue the show cause hearing and take Horace off of GPS, Horace interjected and said that he is not homeless and never was.

This came as a surprise to everyone in court. Judge Herrmann said she was no longer taking him off GPS.

She said that he must report to pretrial services every day until July 2, the date of his next hearing. She said that if he makes one mistake, the judge that will be presiding on that day will take it very seriously.

Judge Releases Defendant Charged with Possession

On June 25, a DC Superior Court judge released a defendant despite his history of fleeing to avoid court.

Richard Bennett was charged with possession of marijuana with the intent to distribute and possession of drug paraphernalia on Nov. 23, 2016. Bennett has no prior criminal history except for the possession charge.

Bennett had his first jury trial in July of 2019. He was convicted of the charges, and a sentencing was scheduled for Sept. 27, 2019. Before the sentencing date, Bennett fled to the country of Colombia.

Bennett was deported from Colombia in February and charged for his failure to appear for his sentencing. He has been incarcerated since his return to the United States. D.C. Witness could not confirm why Bennett was deported from Columbia.

Bennett was transported to a jail in Virginia before he was brought back to DC Jail. He tested positive for COVID-19 in Virginia and was transferred back to DC jail despite his results.

Judge Michael Ryan decided to release Bennett after hearing about his lack of a criminal history and his recent health issues.

The prosecution asked that Bennett be released to the High Intensity Supervision Program (HISP), but Judge Ryan declined the request, citing a shortage of HISP funds due to COVID-19.

Bennett was then released on his personal recognizance. He is scheduled for a hearing on Aug. 6 to review the status of his case.

Prosecution Dismisses Defendant’s Fugitive Charge

The prosecution dismissed a defendant’s fugitive charge, saying the defendant is already being held in DC jail for an unlawful possession charge.

Kyree Dawes was originally charged with unlawful possession of a firearm with a prior conviction on May 9. He was then charged with being a fugitive from Maryland for a separate matter on April 2.

The prosecution dismissed the fugitive charge because of Dawes’ charge of unlawful possession of a firearm.

Dawes is scheduled to appear in court again to discuss the status of his possession case on July 10.

Judge Transfers Defendant to St. E’s

A DC Superior Court judge transferred a defendant to St. Elizabeth’s Hospital, DC psychiatric institution, after the defendant declined to participate in a mental health evaluation.

Terell Brown is charged with a violation of a protective order and contempt of court for violating a previous release condition.

Brown declined to participate in a mental health evaluation on June 23. However, based only on Brown’s files, Grant suggested that Brown may be currently incompetent to stand trial.

Brown was previously on the mental health floor of DC Jail where he was receiving treatment. According to his lawyer, there has been no change in his mental state.

Judge Michael Ryan granted the defense’s request to move Brown to St. Elizabeth’s with no opposition from the prosecution. Judge Ryan said he believes the hospital would ne a “less stressful environment” for Brown to understand the proceedings against him and help his attorney in the case.

Brown is scheduled to appear in court again on July 23 to review his progress at St. Elizabeth’s. The hearing will also evaluate if he is competent to stand trial.

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