Judge Revokes Probation

On Aug. 11, a DC Superior Court judge revoked a defendant’s probation.

On Dec. 12, 2018, Clenteous McCoy pleaded guilty to unlawful entry and second-degree theft for participating in a home invasion in 2016. He was sentenced under the Youth Rehabilitation Act (YRA) and received consecutive sentences of 180 days, all of which were suspended, for each charge. He was also sentenced to two years of probation.

McCoy was re-arrested twice in June.

Judge Rainey Brandt said she did not want to consider re-sentencing the defendant until McCoy’s open cases had been addressed.

“I will set another probation show cause in this case for early November to give both felony cases enough time to air out,” Judge Brandt said. She continued the hearing to Nov. 10.

McCoy is charged with possession with intent to distribute a controlled substance and carrying a pistol without a license outside a home or business for an incident which took place on the 400 block of 61st Street, NE on June 7. He was released in this case.

He is also charged with possession with intent to distribute a controlled substance for an incident on the 300 block of 61st Street, NE on June 17. He has been held in DC Jail for this case since his initial hearing on June 18.

Hearing Scheduled for Murder Defendants

On Aug. 11, a DC Superior Court Judge Juliet McKenna scheduled a hearing for Sept. 1 to determine if a murder case has enough evidence to go to trial.

Dajuan Jones, 19, and Michael Mason, 16, are charged with first-degree murder while armed in the death of Brea Moon. Moon, 21, was shot on April 7 on the 3900 block of Alabama Avenue, SE.

According to court documents, Prince George’s County Police Department responded to a report on a shooting on Suitland Road in Maryland. They found Moon, a 21-year-old resident of District Heights, Md., suffering from a gunshot wound. She was taken to a hospital, where she was pronounced dead.

According to a D.C. Witness report, Mason is also being charged with another murder in connection with the death of Antwaun Roach, an 18-year-old resident of Southwest, DC who was killed on May 22.

He is also charged with assault with intent to kill while armed and assault with intent to commit any other offense while armed.

Judge Transfers Defendant to St. Elizabeth’s Hospital

On Aug. 11, a DC Superior Court judge transferred a defendant to St. Elizabeths Hospital, DC’s psychiatric hospital, after he was found incompetent to stand trial.

Bradley Middleton has two open cases for assault with a dangerous weapon. Middleton, 27, picked up the first case for allegedly punching a victim and chasing the victim with a knife on the 5000 block of Nebraska Avenue, NW on June 5.

He was charged again for allegedly threatening another victim with a knife on the 1500 block of Benning Road, NE on June 9.

Middleton has been held in DC Jail since June.

On July 8, Judge Julie Becker ordered a competency examination for Middleton.

On Aug. 6, the court received a Department of Behavioral Health (DBH) report that deemed Middleton incompetent and recommended that he be moved to St. Elizabeth’s for competency restoration.

Judge Juliet McKenna agreed to transfer Middleton.

Middleton’s next hearing is scheduled for Oct. 7.

Judge Continues Possession Hearing

DC Superior Court Judge Juliet McKenna continued an Aug. 10 hearing for a possession case to Aug. 25.

Anthony Coleman is charged with possession with intent to distribute a controlled substance while armed and unlawful possession of a firearm with a prior conviction.

Metropolitan Police Department (MPD) officers saw Coleman, 29, fleeing the scene of a shooting on the 1800 block of Q Street, SE, according to court documents. When Coleman saw the officers, he approached them empty-handed.

However, officers found an unregistered firearm where the defendant hid from the shooting.

Coleman told officers he returned fire at a vehicle that was shooting at him. He said he had cocaine and $300 on his person. The white powder police found tested positive for cocaine.

Domestic Violence Defendant Released due to Family Emergency

On Aug. 11, a DC Superior Court judge released a defendant into the High Intensity Supervision Program (HISP) so she could care for her two hospitalized family members.

The defendant is charged with assault with a dangerous weapon for allegedly stabbing a woman in front of her two young children in an apartment on Livingston Road, SE on July 5. The defendant has been held in DC Jail since then.

While incarcerated, the defendant’s relatives, of whom she is the sole caretaker, have had multiple medical emergencies. Attorney Adgie O’Bryant filed an emergency motion for release on July 21, which was opposed by the prosecution. He filed a response to the opposition on Aug. 10.

“We request the court protect the complainant and any witnesses involved with a stay away order,” O’Bryant said. “We’ve tried to update the court as much as we could about the conditions of the [family members].”

Judge Michael Ryan released the defendant under HISP with a stay away order from the victim, the witnesses and their home addresses.

The defendant’s next hearing is scheduled for Sept. 9.

Judge Continues Kidnapping Case

DC Superior Court Judge Juliet McKenna continued an Aug. 10 hearing to Sept. 16.

The domestic violence defendant was charged with kidnapping on May 9. He has been held at DC Jail since then.

Defense attorney Frances D’Antuono said her client should be prepared to enter a plea agreement at the next hearing.

Judge Schedules Preliminary Hearing for Stabbing at DC Jail

On Aug. 10, DC Superior Court Judge Juliet McKenna scheduled a preliminary hearing for Sept. 15 to determine if an assault case has enough evidence to go to trial.

Rakeem Willis, 28, is charged with assault with intent to kill while armed for allegedly stabbing another inmate at DC Jail with an unknown sharp object.

The defendant’s July 27 preliminary hearing was canceled because he refused to take a test for the coronavirus. Defense attorney Michael Bruckheim said his client no longer objects to being tested.

On July 3, a corrections officer escorted the victim, who was handcuffed, from the shower to his cell.

According to court documents, Willis rushed past the officer and entered the cell.

The officer said he saw the defendant punching the suspect but did not see a weapon in his hand.

The victim told another corrections officer that he was injured. The victim was taken to the jail infirmary for initial treatment. He had stab wounds to the forehead, left arm, back and right shoulder. The victim was taken to a local hospital where he was treated for his injuries.

The victim declined to provide a statement about the incident to detectives.

No weapon was recovered.

Willis is also charged with first-degree murder, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction for the shooting of Tyrik Hagood, Jason abney and Sean Shuler on the 1500 block of Fort Davis Place, SE on Jan. 26, 2019.

Judge Issues Bench Warrants for 3 Defendants

A DC Superior Court judge issued bench warrants for three defendants who did not show up to their Aug. 11 court hearings.

Jason Washington is charged with robbery, second-degree burglary and second-degree theft.

Washington, 28, was released on GPS monitoring on April 2. He received notices of noncompliance on May 29, July 20 and July 28.

He failed to appear to court on July 30. Judge Patricia Broderick granted defense attorney Adam Hunter’s request for more time to contact his client.

However, Hunter has been unable to get in touch with Washington since then.

Washington allegedly stole $10 worth of food and water from a 7-11 on the 4400 block of Benning Road, NE on Dec. 21, 2019. He also allegedly punched the cashier who confronted him about it.

According to court documents, the defendant returned to the store on Jan. 20. An employee attempted to lock him out of the store when he was spotted in the parking lot. However, Washington allegedly threw an unknown object at the window, shattering it. He allegedly entered the store and stole an estimated $30 worth of sandwiches, sodas and juice bottles.

He also allegedly stole $20 worth of food and drink items from the same store on Feb. 24.

On Feb. 19, Richard Hart pleaded guilty to bail violation for failing to appear to his court hearing for an attempted threats case on Oct. 25, 2019.

Hart, 46, was sentenced to 90 days, all of which were suspended, plus one year of probation.

During the Aug. 11 hearing, a Court Services and Offender Supervision Agency (CSOSA) officer said that Hart has been not been compliant since his release.

On Oct. 1, 2019, Delonte Mack pleaded guilty to bail violation and GPS tampering.

He was sentenced to 120 days, 90 of which were suspended, plus nine months of probation.

On Aug. 11, a CSOSA officer said the defendant has been a loss of contact and noncompliant with GPS monitoring.

Defense attorney John Machado requested additional time to try and contact his client.

Judge Robert Okun said if Machado gets in contact with the defendant, he may voluntarily walk-in to court and address the warrant.

Judge Alters Defendant’s Release Conditions

A DC Superior Court judge took a defendant off home confinement and issued a curfew instead.

Dennis Byrd pleaded guilty to attempted assault with a dangerous weapon and carrying a pistol without a license on Jan 21. He is currently waiting to be sentenced. On March 23, because of the COVID-19 pandemic, he was released into home confinement under the High Intensity Supervision Program (HISP).

Byrd has received multiple notices of noncompliance with the terms of his pretrial release since being released. During the Aug. 7 hearing, a Pretrial Services Agency (PSA) representative said he has not contacted them since July 22.

Defense attorney Ron Resetarits said his client’s noncompliance with his home confinement is due to medical complications. According to court documents, Byrd was shot 10 times on the day of his offense. Resetarits said his client has been leaving his home in order to get food and medicine, and so he can attend his medical appointments.

Resetarits asked that his client be removed from HISP because of his extenuating medical complications, and placed instead on a curfew so he can take care of his medical matters.

However, the prosecutor said that, while Byrd cannot be stopped from seeing a doctor, his medical issues are not an excuse to lose contact with the PSA. Byrd has not been in contact with the agency for both regular or weekly calls. He also needs special permission to leave his home.

The prosecutor also pointed to the defendant’s history of substance abuse, arguing that, since the PSA is not currently performing drug tests due to the COVID-19 pandemic, there would be no mechanism to ensure Byrd’s compliance in this matter.

The prosecutor said lowering the defendant’s release conditions would be rewarding poor behavior.

Judge Gerald Fisher ultimately decided to alter Byrd’s release conditions.

“I don’t do this as a reward, I’m trying to be practical about this,” Judge Fisher said. “What happens when we’ve got complete home confinement… is we spend a lot of time trying to determine whether something is a violation or a necessity.”

Byrd is scheduled to be sentenced on Oct. 8.

Judge Fisher scheduled a further pretrial show cause hearing for Sept. 1 to determine if Byrd comes into complete compliance.

Homeless Defendant Enters Plea Agreement

On Aug. 11, a defendant pleaded guilty to simple assault and bail violation

As part of a plea agreement with the prosecution, Nicholas Clemons’ other charges of possession of a prohibited weapon, threats to do bodily harm and possession of a controlled substance were dropped.

A Pretrial Services Agency (PSA) officer said Clemons, 23, was not in compliance with his curfew and GPS monitoring. The officer also said he has been a loss of contact since July 29.

Defense attorney Edward Joseph said the violations were a result of his housing situation.

Joseph said the defendant had been living with his friend and his friend’s relative. His noncompliance began when the Covid-19 pandemic postponed his court hearings, making the relative no longer view him as a temporary guest.

Since he did not pay rent, she would not let him charge his GPS monitor and made him get cigarettes for her in the middle of the night, despite his curfew.

Clemons moved in with a different friend in Maryland and returned to compliance. However, he was evicted within a week, making him homeless.

Joseph said his client is unable to get a job because of the GPS monitor.

“Nobody wants to trust him,” he said.

Judge Robert Okun removed the defendant from the High Intensity Supervision Program (HISP) due to his lack of stable housing.

“Usually you don’t get rewarded for violating the conditions of release,” said Judge Okun.

According to court documents, on Sept. 10, 2019, Clemons swung at an employee for touching his food on the 900 block of U Street, NW. The defendant missed and began a verbal altercation with the victim. He then took out a knife and said, “I’ll punish you. I’m going to get some guys to jump you.”

Later that night, he returned to the location with a group of people and stood outside of the business.

Upon his arrest, a Metropolitan Police Department (MPD) officer found a white powdered substance in a bag that tested positive for cocaine, documents state.

The defendant also failed to appear to a court hearing on Oct. 24, 2019.

Clemons is scheduled to be sentenced on Aug. 14.

Crime Alerts: August 10-11

Between 9 p.m. on Aug. 10 and 9 a.m. on Aug. 11, the Metropolitan Police Department (MPD) sent out four crime alerts.

The most recent alert was sent at 2 a.m. for a shooting on the 2400 block of Elvans Road, SE.

Another alert for a shooting was sent at 1:33 a.m. on the 1300 block of Congress Street, SE.

Another alert for a shooting was sent at 11 p.m. on the 2300 block of Reynolds Place, SE.

Police do not have descriptions of the suspects in any of these cases.

The final alert was sent at 10:15 p.m. for a double shooting at the intersection of 9th Street and Kennedy Street, NW. Police are looking for a silver Toyota Corolla.

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

Document: 17-year-old Killed in Brightwood Park

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on Aug. 10.

At around 9:34 p.m., police responded to the 5500 block of 9^th Street, NW for the report of a shooting. Upon arrival, they found Taijhon Wyatt, Jr., a 17-year-old resident of Northeast, DC, suffering from a gunshot wound. They found no signs consistent with life, and transported the victim to the Office of the Chief Medical Examiner.

Officers also found an adult male victim suffering from a gunshot wound. He was taken to a hospital for non-life threatening injuries.

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Prosecution to Provide Evidence in Murder Case

On Aug. 10, a prosecutor said he would hand over evidence in a murder case to defense attorney Ronald Resetarits.

Gary Massey, 24, is charged with second-degree murder while armed for allegedly shooting Gregory Mayo, 29, on March 29.

According to court documents, a Metropolitan Police Department (MPD) officer heard gunshots while traveling eastbound on the 500 block of Alabama Avenue, SE. He then drove to the 3000 block of 7th Street, SE, where he found a Nissan Altima and Toyota Camry involved in an accident. Mayo had been shot twice in the back.

Additional MPD officers who responded to the scene saw two people running. One of them escaped but the other, who documents identify as the defendant, was arrested. A firearm was later recovered in a bush around Massey’s flight path.

DC Superior Court Judge Juliet McKenna scheduled Massey’s next hearing for Oct. 26.

Defendant Pleads Guilty to Robbery, Judge Releases Him

On Aug. 10, a DC Superior Court judge released a defendant after he pleaded guilty to robbery.

As part of a plea agreement with the prosecution, Ibrahim Delacruz’s armed robbery charge will be dropped.

Defense attorney Linden Fry asked for his client’s release based on his long period of incarceration and minor criminal record.

The prosecution opposed the release, citing the violent nature of the offenses and the defendant’s two prior theft convictions in Virginia.

Judge Juliet McKenna released Delacruz, 21, on GPS monitoring. She based her decision on the defendant’s limited criminal history, early acceptance of responsibility and lack of violent involvement in the case.

Delacruz is scheduled to be sentenced on Oct. 16.

Judge Holds Eight Out of 49 Defendants During Initial Hearings

On Aug. 10, DC Superior Court Judge Robert Okun released 41 defendants and held eight defendants in DC Jail during their initial hearings.

Of those who were held, two defendants were involved in domestic violence cases.

One defendant, charged with simple assault for allegedly choking the victim, was held because of the seriousness of the allegations and because he has two pending cases where he is out of compliance with his pretrial release conditions.

The second domestic violence defendant is charged with attempted threats to do bodily harm and contempt of release conditions. Judge Okun held the defendant, citing a pending case and a conviction for simple assault that both involve the same complaining witness as in his new case.

Albert Smith is charged with second-degree theft and threats to do bodily harm for allegedly stealing San Pellegrino water bottles at The Capital Grille, which is located on the 600 block of Pennsylvania Avenue, NW. He then reportedly threatened to smash the bottle over the head of the victim. Judge Okun held Smith, saying his new case is not that serious, but he has six pending cases and 10 convictions.

Andrew Tillman is charged in two separate cases for second-degree theft. He was held by Judge Okun because he has two additional pending cases, is on probation on two cases, is noncompliant in all of his cases and has eight prior convictions that involve robbery and attempted robbery.

Two defendants, Malcolm Ellis and Bobby Shelly, were charged with being fugitives from justice where they are wanted in Maryland for first-degree assault and armed robbery, respectively. They waived their extradition hearings in DC court for Maryland to retrieve them from DC Jail within three business days.

John Stewart, charged with contempt for violating a stay-away order, was held. Judge Okun said he could not be released because all three of his cases involve guns, and he has violated multiple conditions of release recently.

The final defendant who is being held, Gary Cloutterbuck, is charged with unlawful possession of a firearm with a prior conviction. Judge Okun held Cloutterbuck because he was on probation for two serious assaults in Maryland at the time he allegedly committed his new offense.

Of the defendants released, 25 had no charges filed against them by the prosecution.

Two additional domestic violence cases were heard by Judge Okun, and he released both with stay-away orders.

Three defendants charged with being fugitives from justice were released with orders to turn themselves in to Maryland authorities.

Five additional misdemeanor cases were heard, and all were released with stay-away orders.

Three felony cases were released as well as a defendant charged with a DUI, driving while impaired and driving without a license.

Two defendants were brought in on bench warrants for failing to appear for their hearings, and Judge Okun released both with new court dates.

A defendant charged with second-degree theft has been in the hospital since July 20, so Judge Okun rescheduled his hearing to Aug. 11.

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