Family Members Ask for Harsher Sentence for Double Homicide

A judge allowed family members of two victims to speak at a sentencing, pleading for greater punishment for a murder defendant.

Davon Payton, who is also known as Davon Raynard Peyton, pleaded guilty to two counts of second-degree murder, attempt to commit robbery while armed, and arson in an unrelated incident. On Oct. 9, 2019, Payton, 30, allegedly shot 24-year-old Devon Miller and 27 year-old Lekelefac Fonge at the 1600 block of Rosedale Street, NE. Miller and Fonge were pronounced dead on the scene.

DC Superior Court Judge Craig Iscoe opened the sentencing by asking for victim impact statements from friends and family of the decedent.

D.C. Witness previously reported that a courthouse brawl occurred between the families of the victims and the defendant at a previous preliminary hearing. DC Superior Court Judge Craig Iscoe saw to it that the families remained separate in the courtroom.

“All I can say was that my nephew was innocent, and they were doing nothing to the person that came into my mother’s house and just totally took their lives for nothing,” the an aunt of one of the victim’s said. “For me, I feel like he needs life, for two people, he didn’t just kill one person.”

Marshals had to step in to escort a member from the courtroom who became vocal and shouted profanities. He was sitting with the defendant’s family.

“It was not easy for the family back home, receiving him in a box,” one of the family members said. “Someone whose human goals were all about human kind. I pray that nobody in your family, not even you, should go through that,” the family member told Payton.

While attorney, Jeffrey D. Stein, who was standing in for Payton’s defense attorney Judith Pipe, was speaking on the defendant’s behalf, Payton stood up and walked toward the door where the holding cells are located. The Marshals followed him and after a brief moment, Payton was brought back to the courtroom.

“I apologize for what you all are going through, I can’t change anything. I take responsibility,” Payton’s stepfather told the judge and everyone who was present during the sentencing.

When discussing how the victim’s families displayed their emotions, Judge Iscoe said that he has presided over a lot of criminal cases, and he has never seen more raw emotion in a sentencing than this.

Judge Iscoe sentenced Payton to 24 years in prison for both counts of second-degree murder followed by five years of supervised release. He was also sentenced to 5 years in prison for attempt to commit robbery while armed and arson followed by three years of supervised release. Payton will serve the sentences concurrently and register as a gun offender.

The defense requested Payton be held in a New Jersey prison to retain proximity to his family.

Written by Wyatt Mullins and Corrine Simon

Case Dismissed: Parties Dispute Over Number of Gunshots

Editor’s note: The case against Kenneil Cole was dismissed on Feb. 1, 2023.

During a status hearing Feb. 20, the prosecution told a DC Superior Court judge that a medical examiner on the case will testify to 11 different gunshot wounds. But, the defense says there were only six shots.

Kenneil Cole, 26, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting his roommate, Keon Delonte Wallace, on the 2400 block of Skyland Place, SE. Cole, 24, who turned himself into the police, said he shot his roommate in self-defense after Wallace, 24, pulled a semi-automatic rifle on him.

Defense attorney James King told DC Superior Court Judge Neal E. Kravitz that a witness, who was at the scene of the crime said there were only six gunshots. King said the witness will testify.

The prosecution said the medical examiner, who conducted the autopsy, found 11 gunshot entry points on the victim.

The prosecution told the judge that the defense’s witness is not credible.

The prosecutor told the judge that the events of that night might have been shocking to the system. Therefore, the witness may not have heard correctly and may not be credible.

A continuation of the hearing is set for Feb. 21.

This article was written by Jailynn Caraballo.

Judge Grants Continuance So Defense can find Expert Witness

During a trial readiness hearing on Feb. 19, a judge granted the defense a continuance, giving them time to find an expert witness.

Robert Wilson Dean Jr, 61, is charged with first-degree murder while armed with a screwdriver for allegdely stabbing Tamiya White, 38, on March 31, 2018, on the 1000 block of Mount Olivet Road., NE.

John Armstrong, one of Dean’s two defense attorneys, asked DC Superior Court Judge Ronna Beck for a continuance to ensure they had enough time to find an expert witness to testify on Dean’s behalf.

“The defense has been perfectly diligent in trying to produce an expert on short notice,” Judge Beck said.

The witness the defense has found is an expert in Post Traumatic Stress Disorder (PTSD). He will testify to whether or not Dean was fully competent at the time of the crime, and if his mental health had any effect on his behavior.

Jury selection is scheduled for Nov. 2 and trial is set to begin on Nov. 3. Both parties anticipate a two-week long trial.

Prosecution Calls Victim’s Brother to Testify

During the third day of trial on Feb. 18, the brother of the victim was called to testify because there was no eye witness to the murder.

Herman Lee Cook, Jr., 49 , is charged with with second-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm. Cook is charged for allegedly shooting Donald Johnson Jr., 45, on the 5700 block of Georgia Avenue, NW.

According to defense attorney, William Buie, Johnson’s brother was only brought to the stand as a character witness, “Because they do not have any eye witnesses.”

The brother identified Cook in surveillance footage of the murder even after being question by Buie on if he had any doubts on if it were Cook or not.

“That’s him right there, that is the same man who is in the video” said the witness, gesturing toward Cook.

When asked if he could really determine whether or not the person in the video is Cook, the witness began to answer when he was cut off by the defense lawyer.

“Well you asked me a question and I’m going to finish answering that question,” the brother said. At this point the defense and the prosecution were both asked to approach the bench.

“Do you one hundred percent without a doubt know that this is Mr. Cook is the one shown in the video,” Johnson’s defense lawyer asked the witness.

Jury deliberations began on Feb. 20.

This article was written by Jailynn Caraballo.

Judge Sets Trial Date for Murder Defendant

During a status hearing on Feb.19, a DC Superior Court judge set a trial date for a murder defendant.

Tyree Irving, 22, is charged with first-degree murder while armed for allegedly shooting 22-year-old Davane Williams on Jan.15 on the 1200 block of North Capitol Street, NW.

Irving’s defense attorney, John Fowler, said that the prosecutor was in the process of pulling together grand jury transcripts. He said he asked the prosecutor to turn the transcripts over soon. Fowler also said the prosecutor sent him a list of evidence in the case in December, but he has not been able to finish researching the evidence.

The prosecutor let the judge know that there was a previous plea offer, but it was rejected by the defendant. He also said he conducted DNA testing and would probably utilize it in trial.

D.C Supreme Court Judge Anita Josey-Herring set a status hearing date for May 29 to see how both cases would like to proceed.

A trial date is set to occur on March 1, 2021.

This article was written by Naysha Carrasquillo.

Judge Considers Combining Defendants’ Homicide Cases

A DC Superior Court judge is considering conjoining two defendant’s cases into one.

Tierra Posey, a resident of Southeast, DC, is charged with second-degree murder while armed for allegedly shooting 21-year-old Tia Carey on the 3700 block of Minnesota Avenue, NE on Jan. 6.

DeJon Ford is charged with kidnapping while armed and carrying a pistol without a license outside a home or a business in connection with the homicide case.

According to court documents, Carey was Ford’s longtime girlfriend.

After Posey shot Carey at a gas station, documents state that Ford drove off in a witnesses’ car that Carey was in. Her children were in the back.

Apparently, Ford took the children to Carey’s mother’s house because he said he didn’t want the children to see Carey bleeding from her head, according to the documents.

Ford said he took the gun away from Posey after she allegedly shot Carey. He told officers from the Metropolitan Police Department that he didn’t realize he still had the gun with him when he dropped off with the children.

Ford and Posey’s attorneys asked the judge to not join the cases.

Posey’s attorneys Bernadette Armand and Kevann Gardner also requested that she be released under 24-hour home confinement and that the prosecution offers her a plea deal.

On Feb. 20, Judge Anita Josey-Herring said that she would make a decision on joining the cases after Ford’s preliminary hearing, which is scheduled on March 3.

She also denied the Posey’s request for release for the second time. The prosecution also declined to offer Posey a plea deal.

A status hearing for Posey is scheduled to occur on March 19.

Murder Defendant Decides Not To Test Evidence

A juvenile murder defendant decided to waive his rights to independently test evidence.

Malik Holston, 17, is charged with first-degree murder while armed which was especially heinous, atocious or cruel committed against a witness to a criminal investigation or judicial proceeding, for his alleged role in the shooting of Gerald Watson, 15, on Dec. 13, 2018, on the 2900 block of Knox Place., SE. Holston is also charged with possession of a firearm during a crime of violence and carrying a pistol without a license.

As previously reported by D.C. Witness, Holston’s attorneys, Anthony W. Matthews and Nathaniel Mensah, said the defense wanted to conduct independent testing of the evidence.

However, during a trial readiness hearing on Feb. 19, the defense told DC Superior Court Judge Danya A. Dayson that Holston changed his mind.

The defense also told Judge Dayson that a release request would be submitted at the next hearing on the grounds that the previous judge on the case, DC SUperior Court Judge Milton C. Lee, found probable cause and not substantial probability.

The prosecutor said he would counter the release motions at the next hearing.

Holston was 16 at the time of his arrest. He is being charged as an adult.

Holston is scheduled for another trial readiness hearing on June 22.

This article was written by Lea Gianasso.

Man on Trial for Murder Declines Right To Testify

On Feb. 18, a murder defendant decided that he did not want to testify.

Herman Lee Cook, Jr., 49 , is charged with second-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm. The charges are in connection with the alleged shooting of Donald Johnson Jr., 45, on the 5700 block of Georgia Avenue, NW.

Just before the prosecution and the defense gave their closing statements, defense attorney William Buie said that he and his client still needed to discuss that matter and requested time over the lunch break to discuss.

After lunch, Buie said that Cook decided that he did not want to testify.

The prosecution’s closing statements continued as planned.

During the prosecution’s opening statements, the prosecutor said there was a clear video of exactly what happened. Earlier in the trial, video surveillance footage show Cook walking to Johnson’s car. There is commotion and Cook is seen walking away from a figure on the ground. “Use your common sense in this case,” the prosecutor told the jury.

However, Buie said the footage the prosecution had been showing is incredibly blurry. “I can barely see anything in this video, how can they be so sure that’s my client,” he said.

“There were a lot of witnesses that didn’t say too much of anything,” Buie continued. He said the prosecution’s witnesses and evidence still do not prove his client is guilty.

The jury began deliberations on Feb. 20.

This article was written by Jailynn Caraballo.

Document: Arrest Made in U Street Homicide

On Feb. 19, officers from the Metropolitan Police Department arrested a 35-year-old man in connection to a homicide that occurred off of the U Street Corridor of Washington, DC.

According to a press release, Reginald Hooks a resident of Northeast, DC was charged, with second-degree murder while armed for allegedly shooting 22-year-old Dy’Mani Priestley on the 1200 block of U Street, NW on Jan. 5, 2020.

Priestley, who was a resident of Hyattsville, MD died at a local hospital.

The Metropolitan Police Department currently offers a reward of up to $25,000 to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for any homicide committed in the District of Columbia. Anyone with information about this case is asked to call the police at 202-727-9099. Additionally, anonymous information may be submitted to the department’s TEXT TIP LINE by sending a text message to 50411.

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There Won’t Be Time to Find Expert Witness, Defense Says

During a motion hearing on Feb. 18, the defense argued that there would not be enough time to find an expert witness to testify in a murder case.

Robert Wilson Dean Jr., 61, is charged with first-degree murder while armed with a screwdriver for allegdely stabbing Tamiya White, 38, on March 31, 2018, on the 1000 block of Mount Olivet Road., NE.

John Armstrong, one of Dean’s two defense attorneys, argued that the prosecution did not give the defense sufficient notification about evidence. He said there was not enough time to review the evidence and prepare for trial. Armstrong told the judge that the prosecution’s failure to provide notification is grounds to dismiss the case.

More information about the evidence was not mentioned.

DC Superior Court Judge Ronna Beck denied the motion to dismiss the case, saying the prosecution had given over evidence in enough time for the defense to prepare. She also denied a motion to suppress electronic data and a motion to suppress testimony from a detective who investigated the case.

Armstrong asked the judge for a continuance in order to find an expert.

All parties will report back to court on Feb. 19 to figure out how the case will proceed. As of Feb. 18, a trial date has not been set.

New Counsel Set to Argue for Murder Defendant

A defense attorney appeared as retained counsel, or counsel a murder defendant already hired for legal matters, in a case regarding a structure fire that resulted in two deaths.

James Walker, 61, is charged with two counts of second-degree murder and two counts of involuntary manslaughter in connection to the deaths of 40-year-old Fitsum Getachew Kebede and nine-year-old Yafet Solomen at the 700 block of Kennedy Street, NW. Solomen and Kebede were transported to the area hospital with life threatening injuries on Aug. 18, 2019. Kebede succumbed to his injuries on the same day, and Solomen on Aug. 20, 2019.

On Feb. 18, Grandison Hill appeared as Walker’s retained counsel. Walker’s previous attorney, Kristin McGough, withdrew from the case.

DC Superior Court Judge Ronna Lee Beck granted a motion for the prosecutor to join with another attorney. However, D.C. Witness is not able to confirm who the attorney was. There was no objection from the defense.

The prosecutor said all evidence would be turned over to the defense within the next 30 days. Hill requested more time to review the evidence and consider possible plea offers before the next hearing.

A status hearing is scheduled to occur on May 1.

Judge Orders Release of Murder Defendant

During a felony status conference on Feb. 18, a judge ordered the release of a murder defenedant.

J’Whan Devontae Simpson, 17, is charged with first-degree murder for allegedly shooting Domonique Franklin on the 200 block of M Street, SW, on Aug. 30, 2019. Simpson is being tried as an adult, and is also being tried for larceny in Virginia.

Simpson’s defense attorney, Rachel Cicurel, filed a motion requesting Simpson’s release to the high intensity supervision program (HISP), where Simpson would live with his grandmother. Cicurel argued for release on the grounds of consistently good behavior and a track record of full compliance with previous orders. The prosecution did not object.

DC Superior Court Judge Juliet Mckenna ordered that Simpson be released to under HISP on the condition of a 21-day home confinement period. During the period, Simpson is to remain at his grandmother’s home except for reporting to court, and traveling to and from school. Simpson is required to wear a GPS tracking device.

In the event that Simpson is in full compliance with the terms of the 21-day confinement period, the defense would request to lessen the defendant’s curfew constraints.

A felony status conference is slated to occur on March 13.

Written by Wyatt Mullins

‘I’m willing to take a risk,’ Judge Says

During a felony status conference on Feb. 14, a judge granted the defense’s request for release.

Terrance Barnes, also known as Michael Barnes, 30, is charged with first-degree murder while armed for allegedly shooting Barry Holmes, 57, on the 5100 block of Southern Avenue., SE, on April. 17, 2019.

Previously, during a felony arraignment on Feb. 7, Barnes was assessed for drug treatment and found eligible for short term residential treatment.

Barnes’s defense attorney, Jeffrey D. Stein, requested that he be released. Stein said Barnes had no priors, a spotless record, and was found eligible for drug treatment, he should be placed in an in-patient drug treatment program and then released to home-stay with 24-hour supervision.

Stein also told DC Superior Court Judge Neal E. Kravitz that Barnes’s former employer was present and willing to testify that he was a model employee and a good person.

Barnes’s alleged crime was not a random act of violence, and therefore he would not be a danger to the community, Stein said.

Witness statements showed that Holmes had insulted Barnes’s religion and that it was an act of retaliation.

The prosecution opposed the release, saying it was a random act of violence, making him dangerous and unpredictable.

He also said Barnes should not be released because, due to his drug abuse and potential mental health problems, he could fall back into his pattern and be a danger to the community.

“I’m willing to take a risk with Barnes”, said Judge Kravitz.

Judge Kravitz ordered Barnes be released to the high intensity supervision program (HISP), with a 24-hour home confinement and a GPS tracking device. Barnes is not allowed to leave his home for any reason other than to go see his pretrial officer.

He also ordered that Barmes receive a 30-day drug treatment at a facility.

Barnes is scheduled for a felony status hearing on April 3.

This article was written by Lea Giasnasso.

Murder Defendant’s Attorney Requests to Withdraw

During a status hearing, a lawyer requested a motion to withdraw because of scheduling issues.

Marquette Jordan is charged with first-degree murder while armed with a knife, robbery while armed with knife and threat to kill or injure a person. On April 30 2018, Jordan allegedly stabbed Ivan Lynch on the 900 block of 5th Street, SE.

Jordan’s attorney Howard McEachern requested a withdrawal because he will not have enough time to prepare for trial. Mceachern said he has a number of trials coming up in the next few months and wouldn’t be available until February 2021.

McEachern also said that each trial would take at least two months.

DC Superior Court Judge Danya Dayson and Jordan agreed with Mceachern on an earlier trial date. McEachern’s request to withdraw from the case was approved

Jordan now has a new defense attorney, Elliot Queen. Jordan’s trial is now set to begin on Aug. 3.

His next status hearing is scheduled to occur on March 5.

Upon arrival officers located Lynch on the kitchen floor in a pool of blood suffering from multiple stab wounds, according to court documents.

Document: Homicide in Mount Vernon Square

The Metropolitan Police Department is investigating a homicide that occurred on the 100 block of N Street, NW.

According to a press release, officers found 34-year-old Eugene Isaac Jr., inside a residence, suffering from gunshot wounds on Feb. 15 . 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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