Judge Finds Probable Cause for Burglary Defendant, Upholds Detention

A DC Superior Court judge ruled that a burglary case has enough evidence to proceed to trial and continued to hold the defendant at the DC Jail.

Eric Butler, 23, is charged with first-degree burglary for allegedly assaulting his mother’s ex-boyfriend in his home and trying to take his property on May 26.

The prosecution called a Metropolitan Police Department (MPD) detective who helped investigate Butler’s case to testify during the Aug. 3 preliminary hearing.

According to the witness, officers received a 911 call from a neighbor who saw a person wearing dark clothes enter the victim’s home by climbing through a second-floor window. When officers arrived on the scene, Butler answered the door and told them the house belonged to his uncle.

Inside the house, officers found the victim bleeding from his nose. At first, officers interviewed the two together, the victim said that Butler was allowed in the house and that the he was injured due to a fall.

The victim then received medical treatment, during which he was interviewed three more times. In these interviews, the victim contradicted his earlier statements, saying Butler had assaulted him while demanding money.

The prosecution argued for Judge Julie Becker to find probable cause, bringing up a car that was double-parked near the victim’s home during the incident. The defendant said the car was his mother’s and that the bottle of liquor found inside of it was his, which the prosecution argued tied the defendant to the car.

The prosecution also said that two televisions found on the floor near the back door were “suspiciously located,” and, when paired with the victim’s later interviews, indicated that the defendant was trying to steal from the home.

However, defense attorney Peter Cooper said there may be more to the story than the prosecution says. Cooper pointed to several lines of questioning that officers failed to pursue during their investigation.

According to the prosecution’s witness, two neighbors called 911 to report someone climbing into the victim’s window. However, during the cross-examination, the witness told Cooper that the first caller had not seen the person who entered the window. The second caller, who got a much better view of the suspect, was not asked to identify Butler as the perpetrator.

Cooper also emphasized the police’s failure to investigate the unclear details of the relationship between Butler’s mother and the victim.

Cooper said that whether or not the mother had property in the victim’s home, or whether or not the two were even still in contact, was unknown. He went on to say that these details remain important since it was unclear if the relationship ended on good terms.

Lastly, Cooper said the prosecution’s argument regarding the televisions did not hold up.

The witness had indicated, during his testimony, that the investigating officers had not asked the victim about the televisions. Cooper also said the back-door, which opened to an alleyway, would not be a logical place for his client to place the televisions if he wished to steal them with the car parked in front of the house.

Judge Julie Becker said that, while the prosecution’s arguments had holes, the defense’s did as well. She said the prosecution’s arguments about the car and the victim’s testimony tied to the defendant to the crime.

Cooper requested release under the High Intensity Supervision Program (HISP.) However, Judge Becker chose to continue holding Butler at the DC Jail, where he has been since May 27. She cited the defendant’s history of failing to appear in court and a second-degree assault case from Maryland, for which he is currently on supervision.

Butler is scheduled for a hearing on Sept. 2.

Judge Continues Hearing so Defendant Can Consider Plea Offer

On Aug. 3, DC Superior Court Judge John Campbell continued a hearing to Aug. 18 so the defendant could have time to consider a plea offer.

Dionte Monk, 26, is charged with robbery for snatching a phone from a man on the 1900 block of 8th Street, NW on June 4. The defendant allegedly fled the scene, but was ultimately apprehended by a Metropolitan Police Department (MPD) officer.

Defense attorney Lee Smith requested the additional time so his client could review all evidence before making a decision.

Judge Allows Defendant Time to Consider Plea Offer

On Aug 3, DC Superior Court Judge John Campbell continued a hearing to Sept. 23 to allow the defendant more time to consider a plea offer.

Melessa Williams, who is also known as Tavesa Nitinia Rose-Moore, is charged with assault with the intent to kill while armed with a knife.

Defense attorney Anthony Matthews said, in order to consider the plea, his client must first review the evidence. He said it was not possible to confidentially do so in the Correctional Treatment Facility (CTF) until about a week ago.

On April 10, Williams allegedly stabbed a woman on the 400 block of M Street, SE.

The victim was found bleeding in numerous locations about the body, according to court documents.

The victim was taken to Medstar, where she is listed in critical condition and intubated.

Defense Attorney Requests Evidence

A defense attorney requested that the prosecution hand over evidence in a murder case.

Raymond Davis is charged with second-degree murder for allegedly shooting 39-year-old Henry Hackett on the 2700 block of Langston Place, SE on June 3.

The prosecution agreed to provide defense attorney Matthew Davies with the evidence.

Davis, 46, was found at the scene inside a vehicle, suffering from gunshot wounds to the left hip and leg. The defendant said he was shot in front of his home on the 2300 block of Altamont Place, SE. Metropolitan Police Department (MPD) officers found a handgun in the defendant’s car and noted that he was acting strange.

DC Superior Court Judge John Campbell scheduled Davis’ next hearing for Sept. 21.

Home Confinement and Stay Away Order Lifted for Pregnant Defendant

A DC Superior Court judge lifted a pretrial home confinement requirement and stay away order for a defendant who is nine months pregnant.

Cana Browne, 24, is charged with destruction of property less than $1,000 and threats to do bodily harm. On June 23, 2019, Browne allegedly initiated an altercation with the front-desk employee at the Fairfield Inn and Suites on the 2300 block of New York Avenue, NE. The fight allegedly broke out after the employee told her she could not retrieve her belongings from a room in which she had previously stayed.

Browne appeared in court on Aug. 3 to address notices of noncompliance with the conditions of her pretrial release. During the hearing, a Pretrial Services Agency (PSA) representative said that, since being placed on the High Intensity Supervision Program (HISP) in February, Browne has failed to report to PSA once and violated her stay at home order four times.

The representative also said that Browne has 12 stay away order violations from another case, in which she is charged with distribution of a controlled substance.

Jacqueline Williams, Browne’s attorney, argued that many of her client’s stay away violations were an accident due to her traveling to receive prenatal care. She said that the stay away area, which is nearby a route she would often take when taking such trips, would occasionally trigger her GPS monitoring device.

Williams said her client is generally complying with her pretrial release conditions, and that, since she has recently moved to Maryland, she is actively trying to stay out of DC. Williams also pointed out her client’s enrollment in a reentry program that has connected her with a therapist and job training, and said that she is trying to prepare for motherhood.

“She is trying to get on the right track, she is making the right moves,” Williams said.

Williams asked Judge Gerald Fisher to revoke her client’s home confinement, arguing that, since she will soon have a newborn, it is no longer necessary.

The prosecution did not oppose, citing Browne’s relative compliance with release conditions and her need for prenatal care.

Browne will remain on GPS monitoring as she awaits trial in both of her cases. She is scheduled to return to court on Sept. 2.

Judge Holds 6 Out of 42 Defendants During Initial Hearings

On Aug. 3, DC Superior Court Judge Heide Herrmann released 36 defendants and held six defendants in DC Jail during initial hearings.

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

A domestic violence defendant was brought before the court on a charge of contempt of court. The defendant also has four other pending cases. Two out of the other four cases are also domestic violence related and involve similar conduct and the same victim.

Judge Herrmann decided to hold the defendant, saying he was previously barred from the place of his arrest. She also said that it appeared the defendant had the ability to be compliant on previous pretrial releases, but he failed to be compliant in the new case.

Quinton Lewis appeared before the court as a fugitive from Virginia with an underlying charge of fraud. Judge Herrmann decided to release Lewis in the fugitive case, but he was held in another case on a parole warrant.

John Ruffin was charged with simple assault and attempted possession of a prohibited weapon. He was also held on a parole warrant despite Judge Herrmann’s decision to release him in the case brought before the court on Aug. 3. She said that, whenever Ruffin resolves his parole warrant, he will receive home confinement as his release condition in this case.

Angel White was brought before the court for a bail violation. In her underlying case, White was charged with first-degree theft. She had four pending bench warrants out for her arrest after she failed to appear for a hearing on June 4.

Judge Herrmann held White, saying she had already been placed on home confinement and in High Intensity Supervision Program (HISP) but is no longer eligible for the program. She also mentioned the nature of all of the cases and that White had been previously released due to the COVID-19 pandemic.

Wesley Scott Jr. appeared before the court on the charge of premeditated first-degree murder. He allegedly shot 28-year-old David Deandre Young and injured a juvenile male. The defense said that Scott does not have a lengthy criminal history, and asked Judge Herrmann to consider placing him on home confinement.

Judge Herrmann decided to hold Scott, citing the violent nature of the crime and the fact that he has a prior conviction before the age of 20, along with a juvenile criminal history.

Judge Herrmann was also held Kyree Fields, who is being prosecuted in federal court. He is being held in DC Jail until he case can be heard in federal court.

There were eight additional domestic violence cases. Judge Herrmann released them all with various release conditions, including stay-away orders, GPS monitoring and a Temporary Protective Order (TPO).

Judge Herrmann released three defendants charged with being fugitives from justice where they were all wanted in Maryland for underlying charges. She ordered them all to turn themselves in to Maryland authorities.

There were seven additional misdemeanor cases presented and all were released with stay-away orders.

Judge Herrmann released five defendants charged with felonies. Four of the defendants were ordered not to possess firearms in DC and one defendant was ordered to stay out of DC entirely.

Five defendants were brought in on bench warrants for failure to appear at their hearings, and all were released with new court dates.

Judge Herrmann released two defendants with traffic charges with orders not to drive without valid licenses.

One final defendant, charged with second-degree theft, was still in the hospital, so Judge Herrmann rescheduled his hearing for Aug. 4.

Document: Arrest Made in Assault with a Dangerous Weapon

Metropolitan Police Department (MPD) detectives made an arrest for an assault with a dangerous weapon that occurred on Aug. 1 on the 3300 block of Wisconsin Avenue, NW.

The suspect allegedly brandished a metal pipe and assaulted the victim at around 9:54 p.m.

The suspect was arrested on the same day that the offense occurred.

[documentcloud url=”http://www.documentcloud.org/documents/7013045-8-3-20-Arrest-Made-in-an-Assault-With-a.html” responsive=true]

Evidence was Obtained Illegally, Attorney Says

On Aug. 3, a defense attorney requested a hearing to suppress evidence he said was improperly obtained.

Shawn Tolbert, also known as Shawn Tobart, is charged with unlawful possession of a firearm with a prior conviction. On May 12, an officer from the Metropolitan Police Department (MPD) found handguns during a search of the defendant’s apartment..

“The search that ultimately found a firearm was, on a number of levels, illegal,” said defense attorney Daniel Kolver.

Judge John Campbell said, per court rules, the matter would have to be heard by Judge Julie Becker, the calendar judge. He scheduled a status hearing with Judge Becker for Aug. 28.

According to court documents, MPD responded to a report of shots fired near a residence in the 3500 block of 6th Street, SE. When they arrived at the scene, they found multiple shell casings in the grass.

The MPD arrested Tolbert for attempting to cross a police line on the scene, despite a prior warning not to.

Tolbert’s wife initially consented to the apartment being searched, but changed her mind. Officers waited outside of her door and said they would apply for a search warrant.

According to court documents, after the defendant’s wife invited officers inside of the residence, she left to retrieve a computer from the other room.

During her absence, the officer spotted a handgun in plain view. He then proceeded to search the rest of the apartment and found three additional handguns.

Document: Arrest Made for Assault with Intent to Kill

Officers from the Metropolitan Police Department (MPD) arrested a suspect for assault with the intent to kill.

The suspect allegedly shot three adult males at around 7:22 p.m. on May 9 on the 1100 block of K Street, SE. The victim was taken to the hospital for treatment of non-life threatening injuries.

According to the MPD, the suspect was on probation for illegal possession of a firearm in Maryland.

[documentcloud url=”http://www.documentcloud.org/documents/7013010-8-3-20-Arrest-Made-in-an-Assault-With-Intent-to.html” responsive=true]

Document: Police Seek Suspect and Vehicle in Assault Case

Officers from the Metropolitan Police Department (MPD) are seeking the public’s assistance in locating a suspect and a vehicle of interest for an assault with a dangerous weapon (gun) that occurred on July 30.

At approximately 5:35 p.m., the suspects and victim were engaged in a verbal altercation on the 7200 block of Blair Road, NW.

One of the suspects allegedly brandished a handgun and threatened the victim before fleeing the scene. Photos and a video of the suspects and vehicle can be seen below.

[documentcloud url=”http://www.documentcloud.org/documents/7012990-8-3-20-Suspect-and-a-Vehicle-of-Interest-Sought.html” responsive=true]

Domestic Violence Defendant Accepts Agreement

On Aug. 3, a domestic violence defendant entered into a Deferred Sentencing Agreement with the prosecution.

Bernard Morgan pleaded guilty to simple assault. In exchange, the prosecution would drop Morgan’s second degree child-cruelty charge.

As part of the agreement, Morgan entered into a diversion program. He must also comply with a stay away order.

If the defendant successfully completes the terms of the agreement, his guilty plea will be withdrawn and his charges dismissed.

Judge John McCabe scheduled Morgan to return to court on May 8, 2021.

Defendant Pleads Guilty to Assault

On Aug. 3, a DC Superior Court judge sentenced a defendant to probation for simple assault.

In exchange for pleading guilty to simple assault, the prosecution dropped Dwayne Thornton’s other charges of attempted threats to do bodily harm.

Judge John McCabe sentenced Thorton to 30 days in jail, all of which were suspended, plus one year of probation.

As conditions of his probation, Thornton must receive drug and alcohol treatment as well as anger management treatment.

Judge Sentences Burglary Defendant

On Aug. 3, a DC Superior Court judge sentenced a burglary defendant to more than a year in prison.

Rodney Hart Jr., 21, pleaded guilty to attempted second-degree burglary on Feb. 28.

“He’s been given opportunity after opportunity to avoid jail and he’s failed,” said Judge O’Keefe. He sentenced Hart to 28 months of incarceration, 14 of which are suspended, plus three years of probation.

Judge O’Keefe said the defendant needed a harsher sentence, as he has a history of picking up new criminal charges while on probation.

When Hart completes his prison term, he must maintain or seek employment, undergo drug testing and treatment and participate in a mentorship program during his probation. He is also ordered to pay $100 to the Victims of Violent Crime fund.

On Nov. 7, 2019, Hart removed a flat screen television and various packages with an accomplice from the lobby of an apartment building on the 2100 block of L Street, NW, according to court documents.

The prosecution asked that Hart be sentenced to 24 months of incarceration and two years of probation. The prosecutor cited his extensive criminal history, which includes burglaries and forgeries.

“It’s necessary as a wake-up call,” the prosecutor said, noting that Hart has never received a prison sentence for any of his prior convictions.

Defense attorney Todd Baldwin asked Judge O’Keefe to sentence his client to 14 months of incarceration and suspend 12 of them.

Baldwin said his client’s criminal record does not contain any violent incidents. He also said Hart only committed the burglary out of “financial desperation,” and that his behavior was driven by his mental health problems.

Judge Holds Defendant

A DC Superior Court judge decided not to release a defendant who is charged with assault with a dangerous weapon and unlawful possession of a firearm.

Gary Reed, who is also known as Mike Davis, allegedly brandished a handgun in front of a taxi driver who parked his vehicle at a gas station on the 1400 block of U Street, NW on Dec. 19, 2019.

Defense attorney Stephany Reaves asked that her client be released and placed on the High Intensity Supervision Program (HISP.) She said she disputes allegations that Reed actually displayed a gun during the incident. She also pointed out that Reed’s criminal history is entirely non-violent and that he has a job and a residence.

However, Judge Judith Smith said Reed has been involved in numerous drug-related offenses, has an outstanding bench warrant from the state of Maryland and that possessing a firearm represents “an escalation of the defendant’s prior behavior.”

Reed submitted motions for release in March and April because of the COVID-19 pandemic. Both motions were denied by DC Superior Court Judge Danya Dayson.

This case was found to have enough evidence to proceed to trial on Dec. 23, 2019. However, Judge Smith said she would not object to setting another preliminary hearing, should the defense continue to dispute the probable cause finding.

Reed’s next hearing is scheduled for Aug. 25.

Judge Holds Defendant with COVID-19

On Aug. 3, a DC Superior Court judge decided against releasing a defendant who tested positive for COVID-19.

Lloyd Patterson, 35, is charged with unlawful possession of a firearm with a prior conviction and possession of a controlled substance with the intent to distribute. Metropolitan Police Department (MPD) officers became suspicious of the way Patterson was walking on March 28, according to court documents. The officers followed the defendant down the 4300 block of 3rd Street, SE. The defendant allegedly throw a bag of cocaine over a fence when he saw the officers approaching.

After apprehending Patterson, officers discovered that he was convicted of assault with intent to kill in a 2004 case.

Defense attorney Carrie Weletz requested that her client be released because he tested positive for COVID-19 at the DC Jail.

Judge Ronna Beck denied the defense’s request, citing that Patterson was under supervision for another case at the time of the arrest.

Judge Beck then continued the case in order to give the prosecution time to decide if they want to charge Patterson with more offenses related to the incident.

Patterson is scheduled to appear in court on Dec. 7 to discuss the status of his case.

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