Judge Denies Murder Defendant’s Request for Release

A murder defendant’s request for release because of COVID-19 was denied by two DC Superior Court judges.

Marcus Whitaker, 28, is charged with second-degree murder while armed for his involvement in the murder of 22-year-old David Hart at an apartment complex on the 4300 block of 4th Street, SE in July of 2018.

Even though the defendant’s hearing was presided by Judge Michael Ryan, Judge Michael O’Keefe denied the defendant’s motion on May 13.

Whitaker’s case was heard on May 14 so that considerations for a medical plan could be decided because the defendant had tested positive for the coronavirus and was very ill.

This was the second time Whitaker’s request for release was denied. The motion was initially filed on April 9 and was originally denied by Judge Ronna L. Beck on April 24.

A status hearing is scheduled for July 17.

Defense Withdraws Request for Release

A defense attorney withdrew his client’s request for release on May 14.

William Johnson is charged with distribution of a controlled substance heroin, possession of a controlled substance, distribution of a controlled substance while released for other charges and violating bail.

Donna Beasley, Johnson’s attorney, withdrew the motion for release because of the COVID-19 pandemic after Johnson refused to come to the phone for his bond review hearing.

Johnson also refused to attend his hearing on May 8.

A status hearing is scheduled for June 17.

Document: Police Arrest Suspect for Multiple Burglary and Robbery Offenses

The Metropolitan Police Department arrested a suspect May 11 for multiple robbery and burglary offenses.

According to a press release, the 15-year-old juvenile is charged with armed robbery, burglary two and armed carjacking with a gun. The suspected has been connected to five criminal offense that took place from March 30-May 10.

On May 10 on the 4000 block of 17th Street, NW. The suspect allegedly pulled a gun and took a victim’s property.

Two days before, on May 8, on the 3000 block of 40th Street, SE the suspect allegedly entered an occupied residence, took a victim’s keys and fled the scene in the victim’s car.

On April 24, the suspect and another individual allegedly took property from a business on the 4500 block of Benning Road, SE.

The suspects also allegedly threatened a victim with a gun on the 5300 block of C Street, SE on April 11. According to the press release, the suspects took keys to the victim’s car and fled the seen in the vehicle.

On April 8, on the 3800 block of 9th Street, SE, one of the suspects pulled a gun on a victim and demanded the keys to the victim’s vehicle. The suspects also fled the scene in the vehicle.

The suspect, who police arrested, allegedly took property from another business establishment on the 2900 block of Minnesota Avenue, SE on March 30.

The cases remain under investigation.

Anyone who has knowledge of these incidents should call police at (202) 727-9099 or text the Department’s TEXT TIP LINE at 50411. The Metropolitan Police Department currently offers a reward of up to $10,000 for information that leads to the arrest and conviction of the person or persons responsible for a violent crime committed in the District of Columbia.

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Court Update: May 13

On May 13, judges at the DC Superior Courthouse released two inmates.

There were two hearings that were not in relation to emergency releases because of COVID-19. One was an extradition hearing where a man’s fugitive from justice charge was dropped. A man convicted of assault and possession of a firearm with a prior conviction was sentenced to serve six months in prison.

Two hearings were continued.

One request for release was denied.

In total there were eight defendants that had cases. A majority of the cases were for bond review hearings. You can read about each case on dcwitness.org.

Judge Sentences Man to 6-Months in Prison

A DC Superior Court judge sentenced a man to serve six months in prison on May 13.

Robert Frazier pleaded guilty to assault on a police officer and unlawful possession of a firearm with a prior conviction on Nov. 25, 2019.

Judge Steven Berk sentenced Frazier to serve six months in jail followed by one year of probation.

According to court documents, on Oct. 24, 2019, Frazier was sitting in a car that was reported stolen. An officer approached him and asked Frazier to give him the keys. Frazier refused and put the car in reverse, backed up 10 feet then put the car drive while the officer had his hand on the gear shift.

Frazier tdrove into a nearby pole and hid inside a woman’s apartment where he was later apprehended by police. While doing a search, police recovered a gun in the car.

Defense Hasn’t Received Medical Records, Attorney Says

A defense attorney said he hasn’t received his client’s medical records as of May 13.

Marquie Smith is charged with first-degree sexual abuse where the victim was under the age of 18 and actor had significant relationship with a victim. He was also found guilty of committing sex offenses against two or more victims, first degree sexual abuse of a minor and kidnapping against a minor.

D.C. Witness previously reported that defense attorney, Jonathan Armstrong, agreed to speak with Smith over a phone call to discuss his medical records. However, on May 13, Armstrong told Judge Michael Ryan that he had yet to receive the records.

Armstrong also said and that he would submit a request for a food conversion tray for Smith.

The prosecution said the documents would be sent over soon.

A mental observation hearing is scheduled for July 17.

Judge Denies Defendant’s Release from Incarceration

A judge denied a defendant’s request for release on May 13.

Errol Vailes is charged with robbery while armed with a pistol, possession of a firearm during a crime of violence, receiving stolen property worth $1,000 or more and committing credit card fraud.

Judge Michael Ryan decided to hold Vailes despite the defense’s efforts get Vailes released.

A status hearing is scheduled for June 3.

Judge Releases Defendant Charged with Assault

A defendant was released by DC Superior Court judge on May 13.

Aaron Smith is charged with simple assault for hitting a woman in the back of the neck on Sept. 27, 2019.

Judge Michael Ryan released Smith with conditions to ensure the safety of the community and his return to court when possible.

Smith motioned for release because of the COVID-19 pandemic on May 9.

Smith is scheduled for a mental observation hearing on July 28.

Document: Police Arrest Suspect for Assaulting Officer and Other Crimes

Officers from the Metropolitan Police Department arrested a suspect on May 12 who was wanted in connection to an assault on a police officer.

According to a press release, 30-year-old Mark Crawford is charged with assault on a police officer while armed, resisting arrest, felon in possession, possession of an unregistered firearm, possession of unregistered ammunition and receiving stolen property.

According to a press release, the officer responded to the 3400 block of A Street, SE to investigate a report of unlawful entry when he came into contact with a suspect who fit the description he was provided with for the offense.

A struggle occurred and the suspect shot the officer once in the lower extremities, MPD Patrol Chief Chanel Dickerson said at a press conference on May 12. The officer suffered from non-life threatening injuries.

In addition to the charges Crawford received for the incident, he is being charged with assault with a dangerous weapon for allegedly pulling a gun on a victim in a residential building on the the same block on March 10.

Police are also charging Crawford with burglary two while armed for allegedly entering an occupied residence on the 100 block of 35th Street, SE, pulling a gun on a victim and taking property.

Crawford is scheduled for a status hearing on July 8.

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Judge Releases Defendant

A DC Superior Court judge released a defendant on May 13.

Paul Jones is charged with possession with the intent to distribute cannabinoid schedule one abusive drug.

Jones was released into the High Intensity Supervision Program by Judge Michael Ryan.

Jones filed a motion for release because of the COVID-19 pandemic on May 12.

A status hearing is scheduled for July 27.

Judge Considering Releasing Defendant

A DC Superior Court judge said he is considering releasing a defendant but needs more information before making a decision.

Michael Dudley is charged with simple assault and destruction of property less than $1,000.

Judge Michael Ryan said he is considering putting Dudley in the High Intensity Supervision Program (HISP) but needs the defense to contact pretrial services to confirm that Dudley is eligible for the program.

D.C. Witness reported that Dudley was not eligible for the program on May 6 because an arrest warrant was not executed.

Judge Ryan decided to continue the hearing so that the defense can make contact with pretrial services.

The hearing is scheduled to continue on May 15.

Document: Police Arrest Another Suspect for N Street Murder

The Metropolitan Police Department arrested a third suspect connected to a homicide that occurred on Feb. 15.

According to a press release, 54-year-old Elton Wiggins, a resident of Northwest, DC, was charged with first-degree murder while armed in a felony murder on May 13.

Wiggins along with 34-year-old Devon Stephens and 36-year-old Lejeevan Toudle are allegedly connected to the fatal shooting of 34-year-old Eugene Isaac, Jr on the 100 block of N Street, NW.

Stephens is scheduled for a mental observation hearing on June 18. He is being held at DC Jail without bail.

Toudle is scheduled for a felony status conference on June 18. He is also being held at the jail without bail.

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2nd Inspection of DC Jail Shows More Changes Needed

A second court-ordered inspection of the DC Jail shows that problems remain despite orders for the DC Department of Corrections (DC DOC) to ensure the health and safety of inmates during the COVID-19 pandemic.

Although US District Judge Colleen Kollar-Kotelly, who is presiding over a civil lawsuit filed on behalf of four inmates, did not issue any orders, she expressed concerns during a teleconference May 11 about inmate access to confidential legal calls as well as social distancing and other problems in the jail.

Prisoners had complained they were not able to make legal calls in private. Inspectors found that now inmates who are housed in non-quarantine units have access to legal calls in an office with a case manager present. Inmates in isolation units are provided with a telephone on a cart that travels from cell to cell.

Judge Kollar-Kotelly said this system is still not sufficient.

“This is still a problem.“The schedule has gotten slightly better. [There is] no guesswork for calls. Thirty minutes instead of 10 minutes makes a big difference, but if someone is around to hear what [inmates] say, it is still a problem.”

Judge Kollar-Kotelly said the fact that case managers or anyone else can hear the conversation would affect the inmate’s ability to not only be truthful with their attorney, but also express concerns.

Eric Glover, counsel for DC DOC said there is a security issue if no one can see the inmate. He said the department is looking at alternatives, such as additional cell phones, to provide inmates with access to legal calls.

The second inspection, which was conducted by the court-appointed examiners, Grace M. Lopes and Mark Jordan, also showed a continuing issue with inmates housed in non-quarantine units being able to submit sick call requests and being seen by medical staff.

According to the inspectors, medical staff cannot monitor inmates in non-quarantine housing units and the request forms supplied to inmates were either the wrong forms or had other problems. The inspectors attributed some of the problem to staff shortages.

The inspectors also found social distancing is still a problem even though the DC inmate population has decreased. The number of detainees at the central detention facility (CDF) has decreased from 1020 inmates, which was listed in the inspectors first report in April, to 968 inmates as of May 8. The correctional treatment facility (CTF) saw a reduction from 400 inmates to 368 as of May 8.

The inspectors said it seemed as though staffing limitations undercut the jail’s ability to enforce the safety precaution, adding that they were still waiting on data about personnel staffing.

To resolve the staffing issue, the DC DOC has sent out return to work notices to staff who took leave that was not COVID-19 related and is reviewing applications for new staff. The jail also contracted with an independent armed security agency to assist with hospital transfers.

Part of the staff’s inability to enforce social distancing, according to the inspectors, stems from the chaotic nature of some housing units.

As part of the jail’s adjusted COVID-19 policy, inmates are required to be in their cells for 23-hours a day. Each inmate is allotted one hour per day out of their cell. To provide more social distancing, fewer inmates are allowed out of their cells, at a time.

The new schedule has inmates receiving their allotted hour at all times of the day, even early morning hours. However, inmates in the CDF complain they are not receiving the hour each day.

Inspectors say various incidents and disturbances from a stressful mix of factors, such as fights, inmates refusing to go back in cells, and objects, food and other substances being thrown contribute to out of cell time not being afforded to every inmate on a daily basis.

It’s a tense environment where many inmates feel as if they are being unduly punished because they are locked down for a significant part of the day, an inspector said.

A final report is slated to be submitted on May 20.

LaTrina Antoine wrote this story

Crime Alerts: May 12

Between the hours of 8 a.m. and 8 p.m. on May 12, the Metropolitan Police Department sent out one crime alert.

The alert was dispatched at 4:24 p.m. for a stabbing that took place on the 400 block of Condon Terrace, SE.

Court Update: May 12

On May 12, judges at the DC Superior Courthouse released one inmate.

There were two hearings that were not in relation to emergency releases because of COVID-19. An arraignment where one defendant was released and a sentencing where a man who pleaded guilty to robbery will serve 18 months in prison.

One hearing was rescheduled because a defendant was in the hospital.

Another defendant was previously released and no action was taken during the hearing.

Judges denied one release.

In total there were six defendants that had cases. A majority of the cases were for bond review hearings. You can read about each case on dcwitness.org.

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