Murder Defendant Requests Counsel Change

During a status hearing on Feb. 25, a murder defendant asked for a change in counsel but was denied by a DC Superior Court judge.

Stephon Evans and Alonzo Brown are indicted with first-degree murder while armed, conspiracy to commit a crime of violence while armed, possession of a firearm during a crime of violence and assault with the intent to kill while armed charges for their alleged involvement in the death of 22-year-old Michael Taylor on the 1700 block of Benning Road, NE on Jan. 12. Naquel Henderson, and Tavist Alston are also charged with first-degree murder in relation to the homicide.

Evans’ defense lawyer, Joseph Caleb told DC Superior Court Judge Todd E. Edelman that his client would like to approach the bench.

“Mr. Evans has asked for a different defense counsel and since I see no reason for that I have denied his request,” Judge Edelman said.

A trial readiness hearing is set to occur on Oct. 23.

Trial is set to begin on Nov. 30.

This article was written by Jailynn Caraballo.

Judge Places Murder Defendant on Home Detention

A judge granted a defense attorney’s request for a murder defendant to be released during a preliminary hearing.

Kemonte Martin, 21, is charged with first-degree murder while armed for allegedly shooting Eric Mercer on the 4700 Block of Benning Road, SE on Nov. 22, 2019. Mercer succumbed to his injuries on Nov. 26, 2019.

DC Superior Court Judge Ronna Lee Beck granted the defense’s request for Martin to be released. Judge Beck ordered Martin to home detention with GPS monitoring. Martin will be released due to his lack of a record and Judge Beck did not see where Martin would be a threat to the community and its safety.

Martin will be allowed to leave his home only for medical exceptions, meetings with his attorney, and college visits.

Judge Beck found probable cause that Martin committed the offense and was on the scene. She failed to find substantial probability.

A felony status conference is scheduled to occur on May 8.

Murder Defendants Ask To Be Able To Interact While Incarcerated

During a status hearing on Feb. 25, murder defendants asked a DC Superior Court judge to allow them to see each other while incarcerated.

Antonio Upshaw, 31, and co-defendant Gabriel Brown, 33, are both charged with first-degree murder while armed for their alleged involvement in the murder of Tyrone Johnson, 24. The incident occurred on March 10, 2017, on the 2300 block of Pennsylvania Avenue, SE.

Brown’s Defense attorney, Kevin Irving, asked DC Superior Court Judge Todd E. Edelman if there was anyway to notify the guards that there is no current separation order against his client and Upshaw.

“The court hasn’t done anything,” Judge Edelman said. “I don’t know how much more I can do beyond that.”

A trial readiness hearing is scheduled to occur on May 8. A jury trial is slated to begin on June 1.

This article was written by Jailynn Caraballo.

Defense Drops Objection in Murder Case

During a trial readiness hearing on Feb. 25, the defense withdrew an objection to an expert witness’s testimony on the firearm used in the crime.

Dajuan Jones, 19, is charged with first-degree murder while armed for allegedly shooting 26-year-old Cheyenne Washington on the 4400 block of E Street, SE in July of 2018. Jones is also charged with possession of a firearm during a crime of violence, carrying a pistol without a license with a prior felony, possession of an unregistered firearm and unlawful possession of ammunition.

The defense objected because they do not believe any expert can be 100 percent certain that all casings were fired from the same firearm. Their decision to withdraw their objection was purely strategic, said Prescott Loveland

“This is purely a strategic move,” he said. “We don’t want the trial to be held up, so we are choosing not to litigate that matter.”

The witness was set to testify that three .38 caliber casings found at the scene were all fired from the same firearm and that three .38 caliber casings recovered from the victim’s body were also fired from the same firearm.

Jury selection is set to occur on Feb. 26. Trial is scheduled to begin on March 2.

This article was written by MiriYam Judd

Judge Denies Motion for Bond in Murder Case

A judge denied a defense motion for a bond to be send for a murder defendant during a preliminary hearing.

Kemonte Martin, 21, is charged with first-degree murder while armed for the allegedly shooting 17-year-old Eric Mercer on the 4700 block of Benning Road, SE in November of 2019. Martin is a resident of Northeast, DC.

DC Superior Court Judge Ronna Beck temporarily denied the defense’s motion for bond as the preliminary hearing was still ongoing. Judge Beck said the motion would be reconsidered at the conclusion of the preliminary hearing, which she expects will end on Feb. 25.

Martin’s defense attorney, Jeffrey Stein, argued the possibility of bond would be significant given the impact on Martin’s immediate living situation.

The lead detective on the case identified Martin in court and testified on security camera footage that placed Martin at the crime scene.

The detective is slated to continue testimony on Feb. 25 when the preliminary hearing is scheduled to resume.

Judge Suspends Murder Defendant’s Sentence

A judge suspended a murder defendant’s sentence on Feb. 24.

Markel Ford, 20, was sentenced with negligent homicide for allegedly killing 51-year-old Sherron Pressley on the 1600 block of Kenilworth Avenue, NE with his car on Aug. 30, 2018. Both the victim and the suspect resided in Northeast DC at the time.

Ford was sentenced to a year and a half in prison for negligent homicide under the act. However, his sentence was suspended, and he was put on two years of probation and three years of supervised release. DC Superior Court Judge Todd Edelman sentenced Ford to the low end of the guidelines under the Youth Rehabilitation Act.

Judge Edelman did not order GPS monitoring for a murder defendant during a sentencing.

Defense Attorney, John Fowler, requested that Ford not be required to wear a GPS monitoring device. He also asked that Ford not be required to administer drug testing until further order from the court on Feb. 24.

Judge Edelman granted the request in part. He said Ford would not have to wear a GPS monitoring device without further order of the court due to the nature of the offense.

Judge Edelman said he will follow the case through the probation.

Ford originally fled the scene of the crime.

He was not arrested until Jan. 29, 2019, which was five months after the accident occurred. Ford accepted the prosecution’s plea, pleading guilty on Dec. 11, 2019.

“Let this be a wake up call for your life,” the victim’s brother said to Ford in regard to his actions. The victim’s family members were present during the sentencing.

A probation review hearing is scheduled to occur on May 29.

Judge Partially Accepts Jail Calls into Evidence

Counsel argued over pretrial motions to allow phone calls before DC Superior Court Judge Anita Josey-Herring.

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 murder of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017.

The prosecution moved to enter two 15 minute jail calls in their entirety as well as a 40-minute video call that had a 37-page transcript. The prosecutor argued that the calls were necessary to prove that Everett attempted to obstruct justice by persuading a visitor to influence a key witness in the prosecution’s case.

Much of the evidence detailed the visitor and Everett’s relationship as a means to strengthen the argument that the visitor would be someone that Everett felt like he could convince to carry out the obstruction.

Defense attorney, Michael Madden, said the entirety of these recordings are not relevant to the case as well as some of the evidence being more prejudicial than probative.

Both attorneys and Judge Josey-Herring went through each line of the transcript, arguing objections as needed.

The jury trial is scheduled to begin on Feb. 26.

Murder Defendant Wants to Conduct DNA Testing on Evidence

During a status hearing on Feb 21, a murder defendant said he wanted to conduct DNA testing on evidence.

John McRae, 40, is charged with first-degree murder while armed, unlawful possession of a firearm during a crime of violence and possession of a firearm during a crime of violence. His co-defendant, 23-year-old Shaniah Davis, is charged with accessory after the fact. The defendants are charged in the shooting of 22-year-old Marty William McMillan on the 600 block of Martin Luther King Jr. Avenue, SE in 2017.

McRae’s defense attorneys, Russell Hairston and Randy McDonald, said McRae wanted to conduct independent DNA testing but has not decided on which items to test.

The defense also said they expect to have the list of items identified by the end of next week and will be turn the list over to the prosecutor.

Davis said her defense attorneys, Mary Kennedy and Keron Morris, advised her of her right to conduct independent DNA testing on the evidence. She said she decided that further testing was not necessary.

The prosecutor made all parties aware that he conducted DNA testing on all items discovered and the results have been turned over to defense counsel. He also said that he has made a request to receive McRaes’s jail phone calls and will also turn the calls over after he reviews them.

D.C Superior Court Judge Neal Kravitz asked the defense to complete DNA testing as soon as possible so that the trial date does not get pushed back.

A trial readiness hearing has been set for July 24. All expert notices are due on June 24 and motions are due by July 6.

Trial is set to begin on Sept 21.

This article was written by Naysha Carrasquillo.

Judge Re-schedules Murder Trial

During a status hearing, a DC Superior Court judge moved a jury trial date up despite the fact that both parties need time to go over evidence and decide if a murder defendant wanted to conduct DNA testing.

Stephon Evans, 19, is charged with first-degree murder while armed, and 19-year-old Kewon Hunter is charged with second-degree murder while armed for their alleged involvement in the shooting of 21-year-old Dion Boyd. The incident occurred on the 1400 block of Maryland Avenue, NE on July 30, 2018.

Evans’ defense attorney, Joseph Caleb, said Feb. 21 that additional discovery was received from the prosecutor. He requested additional time to allow Evans to make a determination as to whether he wants to conduct independent testing.

Hunter’s defense attorney, Howard McEachern, had no objection to Caleb’s continuance request.

The prosecutor also had no objections on the request from defense.

D.C Superior Court Judge Neal Kravitz granted the request from counsel and changed the date of the jury trial from March 22, 2021, to Jan. 21, 2021, in agreement with all parties. Judge Kravitz also said the trial is expected to last about three weeks.

A status hearing has been set to occur on March 27.

This article was written by Naysha Carrasquillo.

Prosecution and Defense Argue Over Using Instagram Photos As Evidence

During a trial readiness hearing on Feb. 20, the defense and prosecution argued over whether or not to allow photos that were posted on social media by the defendant in trial.

Dajuan Jones, 19, is charged with first-degree murder while armed for the alleged shooting of 26-year-old Cheyenne Washington on the 4400 block of E Street, SE in July of 2018. Jones is also charged with possession of a firearm during a crime of violence, carrying a pistol without a license with prior felony, possession of an unregistered firearm and unlawful possession of ammunition.

Prescott Loveland, one of Jones’ two defense attorneys, argued that the judge should not allow the prosecution to use photos that Jones posted on social media days before the crime in court. The photos were not entirely described but involve Jones in possession of a gun.

Loveland said that there is no way to identify that gun in the photo as the gun used in the crime. He also said it is not uncommon to post old photos on social media, and that Jones posting it days before the crime does not mean that is when it was taken.

“We live in a world where lots of kids are posting photos of guns but that doesn’t mean that they shot someone,” he said.

The prosecution said there is an expert witness who could testify that the gun posted on Jones’ Instagram account is consistent with the type of gun that could shoot the type of bullets found at the crime scene.

DC Superior Court Judge Neal Kravitz has not yet ruled on whether or not the photos will be admitted into evidence.

The hearing is scheduled to continue on Feb. 24.

Defense Discovers Inconsistent Witness Statements During Cross Examination

An interview with a Metropolitan Police Department detective revealed inconsistent statements said by someone who claimed to be a witness to a homicide.

Gregory Washington is charged with first-degree murder while armed for allegedly shooting Alie Labay on the 900 block of 21st Street, NE on Oct. 24, 2019. Washington, 30, had gone to his ex-wife’s house, where he confronted her new boyfriend, Labay, 32, got in a physical dispute, and then shot him three times. Labay was transported to an area hospital where, despite all life-saving efforts, he succumbed to his injuries.

During cross-examination with a lead detective, the defense pointed out that one of the witnesses involved shared contradicting statements about the events that took place on the night of the homicide.

The witness initially said the defendant was fleeing the scene with a gun. But, later shared with another witness over the phone that the defendant had been wearing a hooded sweatshirt and a gun was not seen.

The witness also said that in contradiction to what was told to police, the witness was in their room, high. However, the witness also asserted that the witness fled to their room after the physical altercation started.

DC Superior Court Judge Anita Josey-Herring concluded that there is substantial probability of a conviction due to the evidence provided and the strength of the witness statement., She said, for the time being, that Washington is a threat to the community and will therefore remain in custody for the grand jury to evaluate the circumstances.

Washington has several previous convictions, including firearm possession one in 2008 and carjacking in 2014. Both crimes took place in Maryland.

Judge Josey-Herring scheduled a status hearing on April 17.

This article was written by Noa Donvan

‘Stay on the Right Path,’ Judge Says

A DC Superior Court judge encouraged a murder defendant to change his life around during the defendant’s sentencing on Feb. 21.

Jose Luzunaris pleaded guilty to voluntary manslaughter for stabbing 56-year-old Gregory Monroe on Feb 3, 2018, at the Judiciary House Apartments on the 400 block of H Street, NW. Luzunaris, 54, was indicted on first-degree murder while armed with offenses committed during release, possession of drug paraphernalia with offenses committed during release and possession of drug paraphernalia.

Judge Craig Iscoe told Luzunaris that he was, “very happy” the defendant had been in contact with his family, who are from Puerto Rico. Judge Iscoe also acknowledged that the contact was a positive step for Luzunaris, who had shown a history of being able to stay away from crime.

The prosecution and defense agreed that Luzunaris should serve six years for the murder under his plea agreement because he took responsibility for the murder very early.

There were no victim impact statements. The prosecution said Monroe’s family had recently lost another family member and could not contribute statements.

Defense attorney Matthew Davies said the sentence was appropriate for Luzunaris because he already had pending matters in Virginia that would cause him to serve additional time in prison.

As a result of Luzunaris plea agreement his other pending charges in DC were subsequently dropped.

Luzunaris will also serve five years of supervised release after his prison term.

Parties Wait on Indictment Reading to Move Forward with Trial

A DC Superior Court judge will wait until an indictment is handed down to begin trial.

Rakeem Willis, 28, is charged with first-degree murder while armed for allegedly shooting Sean Shuler, a resident of Capitol Heights, Md., Javon Abney, a resident of Southeast, DC, and Tyrik Hagood, a resident of Northeast, DC, on the 1500 block of Fort Davis Place, SE on June 12, 2019. Shuler, 26, Abney, 26, and Hagood, 24, all displayed no signs of life when found at the scene.

According to the prosecution, the grand jury is supposed to indict Willis by the March 12 deadline.

Defense attorney, Kevin Irving, said he decided to continue with the case in order to allow additional time for evidence to be provided by the prosecution.

An arraignment date is scheduled to occur on Aug. 14, with the intent of later scheduling a status hearing in September of 2020. If the status hearing is rescheduled then the trial readiness hearing and the trial would also be rescheduled.

This article was written by Noa Donvan

Murder Defendant Rejects Plea Deal

During a preliminary hearing on Dec. 21, a murder defendant rejected a plea deal.

Diantre S Smith, 43, is charged with first-degree murder while armed for allegedly shooting Nyesha Lenea Galloway, 28, on Dec. 20, 2019, on the 400 block of 42nd Street., NE.

DC Superior Court Judge Juliet J. McKenna asked counsel whether a plea was being negotiated or had been offered. Smith’s defense attorney, Madalyn R Harvey, said that a plea deal had been offered.

The plea offer was that if Smith pleaded guilty to second-degree murder while armed and unlawful possession of a firearm, the prosecution would not pursue first-degree murder or other related charges.

Smith rejected the plea deal.

The parties also discussed unaccessible evidence.

Harvey said the defense had not been given access to body worn cameras from the Metropolitan Police Department (MPD).

The prosecution said he did not want to impede the MPD investigation, and that he also did not have access to it. The prosecutor said he would try to get access to the video footage. He said that, if he got access, he share it with the defense.

The prosecution also told counsel that as the plea offer was a preliminary one, it would be the most generous one Smith would be offered.

A witness testified about evidence located at the crime scene and in the state Galloway was found in.

The hearing was cut short before the defense had time to cross-examine the witness due to scheduling and time-constraints.

Judge McKenna told the defense that the hearing would reconvene to allow the defense to complete their cross-examination.

Smith is scheduled for continued preliminary hearing on Feb. 26.

This article was written by Lea Gianasso.

Document Homicide in Fairlawn

The Metropolitan Police Department is investigating a homicide that occurred on the 1600 block of 18th Street, SE.

According to a press release, officers found 37-year-old Bryan Tate Jr., inside a residence, suffering from gunshot wounds on Feb. 20 . He was pronounced dead at a local hospital.

The department is currently offering a reward of up to $25,000 for information that leads to an arrest and conviction in this case or any other homicide case in DC. Anyone with information is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

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