Trial Review: Jury Finds Defendant Not Guilty of Killing Business Associate

After a two-week trial, a murder defendant was found not guilty of killing a business associate.

Marquette Tibbs was charged with first-degree murder while armed, second-degree murder while armed, unlawful possession of a firearm with a prior conviction, and possession of a firearm during a crime of violence. He was charged for his alleged involvement in the shooting of Orlando Silver III, 37, on the 1300 block of Howard Road, SE, in 2016.

On Feb. 6, one day after the jury began deliberations, Tibbs, 27, was acquitted of the murder and found guilty for unlawful possession of a firearm with a prior conviction.

Cinquan Cartledge is also charged in the homicide. He is charged with first-degree murder while armed, conspiracy to commit a crime of violence, robbery while armed, possession of a firearm during a crime of violence, first-degree murder while armed while committing or attempting to commit a robbery and unlawful possession of a firearm with a prior conviction. Tibbs case was severed from Cartledge’s case so that the two men could testify on the other’s behalf.

Cartledge, 25, is scheduled for a status hearing on Feb. 14.

Trial Breakdown:

Tibbs said he did not shoot Silver on Nov. 27, 2016.

According to Tibbs’ testimony, he was with Silver, Cartledge and a fourth unidentified individual.

The prosecutor said he was skeptical about whether or not there was a fourth individual present during the incident. However, according to court documents, a hand print found on the black Nissan was not from Tibbs, Silver, or Cartledge.

“It looked like a fresh struggle had just happened,” defense attorney Jessica Willis told the jury regarding the print.

The fourth individual was never identified.

During the trial, the prosecution called Metropolitan Police Department (MPD) officers who were at the scene, employees from the Department of Forensic Sciences (DFS) who worked the case, the medical examiner, and other key witnesses that provided further analysis to aid in the prosecution’s theory that Tibbs was guilty.

Silver gave Tibbs his contact information and they arranged a time to meet. At the meeting, there was a physical altercation between Tibbs and Silver’s associate when Tibbs decided that he did not want to proceed with the trade and wanted his gun back. During the scuffle, the gun went off.

“This wasn’t an accident or self-defense. This was a message,” the prosecutor said to the jury.

A medical examiner from the Office of the Chief Medical Examiner of the District of Columbia told a jury that the gunshot wound to Silver’s back was the official cause of his death. She was able to conclude that the bullet entered through Silver’s back and exited through his abdomen. The exit wound was apparent on his front side.

According to a witness, who resided near the scene, “it sounded like a loud firecracker pow”.

That witness was the first person to provide aid to Silver. She testified that she heard the gunshot noise directly outside of her bedroom window and instantly got up to look. After going outside, the witness found Silver struggling to breath and holding his side.

MPD officer’s body camera footage clips were shown to the jury as well. The clips contained camera footage from interviews with the witnesses and footage from first responders who arrived on the scene.

Despite a forensic scientist obtaining 15 fingerprints from the scene, only five of the fingerprints were of valuable. The other ten “were not suitable for comparison,” said the DFS employee.

According to the scientist, four fingerprints were recovered from the front hood of the Nissan vehicle. And the fifth print was able to be lifted through “gel lifting”, which meant that the print was on a difficult or textured surface. Tibbs’ fingerprint was recovered with blood on it.

The prosecution also showed the jury about data compiled on a map on an exhibit that presented Tibbs’ and Cartledge’s location during the time of the murder. Since both defendants were wearing a GPS ankle monitors, their locations were constantly recorded. According to the data, it showed both defendants at the scene of the crime.

Shortly after the shooting, according to the defendant’s locations, it showed that they split up. That is consistent with other individual’s statements who encountered them shortly afterward.

Text messages between Silver and Tibbs from the morning of the murder were displayed for the jury as well. They show communication about some type of deal.

The prosecution tried to convince the jury that Tibbs was not there for a gun exchange. They thought that he was there for a drug deal and when Silver turned away, that’s when Tibbs allegedly shot him.

After the prosecution finished their argument, the defense called witnesses as well. These witnesses included Metropolitan Police Department officers, employees of the Public Defender Service, an employee from Correct Tech LLC which is a consulting firm that assists agencies in court for tracking individuals, and the murder defendant.

According to the defense, Tibbs charged his GPS ankle monitor a couple of hours prior to the incident and a few minutes after the incident occurred. The defense said charging the monitor is not consistent with someone who would be planning a murder. In fact, if he was, the defense said he would have let the monitor die to avoid tracking his location.

A 360° picture of the crime scene was taken by a forensic scientist. In the image, it can be seen that there is an apartment building with bushes in front of it. Whereas in the poster board exhibit that the prosecution recreated of the crime scene, the defense pointed out that the exhibit failed to include the bushes in front of the apartment building.

The defense advised the jury to rely on the actual evidence recovered from the scene and not the exhibits produced from the evidence. The defense attorney said that the recovered evidence was more accurate.

The defense also pointed out that the scientist who recovered evidence and searched Tibbs’ jacket the first time, did not thoroughly search it. Therefore, an employee from the Public Defender Service recovered $350 from Tibbs’ jacket pocket that was located in MPD’s evidence control branch.

“I did not touch the gun. I didn’t shoot and kill Orlando,” Tibbs told the jury.

The jury began deliberations on Feb. 6.

Tibss was convicted of unlawful possession of a gun with a prior conviction and will have to serve a minimum of 1 year in prison.

Tibbs is scheduled for sentencing on April 3.

Judge Releases Murder Defendant After Finding Probable Cause

After hearing from a Metropolitan Police Department detective, a DC Superior Court judge found probable cause that a murder defendant could have committed the crime.

Twenty-eight year old Olivia Cartwright-Cole, also known as Tristian Tee Cole, Sky Janae Mills and Tristian Melvin Cole, is charged with second-degree murder while armed. She allegedly stabbed 24-year-old Joel David Midgett on the 200 block of K Street, NW in 2015. She is a transgender woman.

Judge Todd Edelman said that he found probable cause because a witness was able to identify Cole.

Judge Edelman did not grant the prosecution’s request to detain Cole because the prosecution didn’t arrest the defendant for two years after identifying her as a suspect.

She was released under the high intensity supervision program (HISP). Cole is required to wear an ankle monitor, stay at her aunt’s residence and participate in drug tests.

A felony status conference is scheduled to occur on April 10.

According to the Washington Post, Midgett had a son at the time of his murder. The Post reported that Midgett’s son is now the second-generation in his family to lose a parent to violence in DC.

‘Prosecution’s Argument is Not Where it Should Be,’ Judge Says

During a preliminary hearing on Feb. 10, a judge ruled that there was probable cause in a murder case even though he said the prosecution’s arguments were mostly hear-say.

Michael Fahnbulleh, also known as Mike Mike, 26, is charged with first-degree murder while armed for allegedly shooting Michael Andre Francis, 28, on Nov.30, 2019, on unit block Danbury Street, SW.

The prosecution argued that Fahnbulleh should be held without bond due to his previous misdemeanors in Maryland.

The prosecution says there is also surveillance footage that a witness says shows “Mike Mike” entering an apartment building that can place him near the scene.

However, the defense argued that the footage the prosecution wants to use in court does not show her client nor does it incriminate him.

DC Superior Court Judge Todd Edelman agreed and ruled to release Fahnbulleh due to the prosecution’s lack of evidence.

“It goes back to the philosophical question of what is probable cause… I am not going to detain Mr. Fahnbulleh,” said Judge Edelman.

Fahnbulleh was re-arrested for a parole violation in Maryland.

He is being held in Maryland for unrelated charges, including theft, a counterfeit order, obtaining goods and money-forgery, issuing a false document, and forgery of private documents.

Fahnbulleh is ordered to report back to court 24 hours after his release in Maryland. When Fahnbulleh returns to DC, he will be placed in the high intensity supervision program.

This article was written by Jailynn Caraballo

Judge Dismisses Murder Case

During what would have been the first day of a murder trial, a DC Superior Court judge ruled to dismiss the case without prejudice due to the prosecution’s failure to hand over evidence.

Keith Archie, 39, is charged with second-degree murder while armed and tampering with evidence for allegedly stabbing Demond Marcel Rush on the 3600 block of 22nd Street, SE in 2017.

More than 1,000 pages of documents of evidence in the case were made available to the prosecution two weeks ago, but counsel failed to turn the documents over to the defense until the night before trial. It is not clear what the documents contained.

“I don’t know about you, but it takes me a long time to read 1,000 pages,” said Jason Tulley, one of Archie’s two defense attorneys.

DC Superior Court Judge Neal Kravitz said that the defense would not have enough time to read over the new evidence.

One of the three prosecutors asked Judge Kravitz to issue an instruction to the jury because the prosecution thought a dismissal was too extreme.

“Dismissal strikes me as quite extreme… but I’m at a loss,” Judge Kravitz said. “I don’t know how this trial could go forward right now.”

Judge Kravitz ruled to dismiss the case without prejudice.

The prosecutor said she plans to have a grand jury indict the case, again. “We will all be back here in a week or two,” she said.

This article was written by MiriYam Judd and Wyatt Mullins

Defense Objects to Use of Cellphone Data in Murder Case

During a trial readiness hearing on Feb. 7, a defense attorney told a judge that he disagreed with the prosecution using electronic data from a cellphone as evidence 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. White and Dean were in a relationship at the time, according to court documents.

Dean’s defense attorney, Anthony Matthews, objected to the use of the cellphone’s electronic data. He said the cellphone only needed to be tested for DNA to connect Dean to White. All the electronic data collected should be suppressed.

Matthews also added that the prosecution had not given the defense all the evidence in order to be tested by an independent lab.

The prosecution told DC Superior Court Judge Ronna Lee Beck that all the evidence had been tested for DNA. Among the tested evidence was a cellphone which allegedly belonged to Dean.

The prosecutor said she did not intend to use the DNA evidence. Instead the prosecutor wanted to use the cellphone’s electronic data as evidence.

Judge Beck told the prosecution that the defense’s request to suppress the electronic data needed to be addressed, and that counsel had to discuss the matter. She also told the prosecutor to submit all the evidence to her and the defense, including the electronic data.

Judge Beck told the defense to decide if they wanted to do independent DNA testing on the evidence.

The judge also asked counsel to finalize their evidence and witnesses, saying that the defense needed to explain who their expert witness was and why they were giving their opinion.

Dean is scheduled for a trial readiness hearing on Feb. 10.

This article was written by Lea Gianasso.

Prosecutor Reveals Who Will Testify at Trial

A prosecutor told a judge that he plans to call on specific witnesses to testify in a murder trial.

During a trial readiness hearing on Feb. 7, the prosecution told a judge about the witnesses he planned on calling.

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.

During the hearing, the prosecutor informed DC Superior Court Judge Anita Josey-Herring that he planned to call a DNA expert, a fingerprint expert, a firearm expert, a cell site expert and a forensic expert, among others.

The prosecutor said he is not seeking to qualify all of the witnesses as experts. The prosecutor filed an expert witness disclosure on Feb. 5.

Hewitt’s attorneys, Nikki Lotzke and Justin Okesie, told Judge Josey-Herring about motions they filed last year. The motions include a motion regarding admissibility of jail calls made by Hewitt, which was filed on Feb. 21, 2019, and a motion regarding the admissibility of Hewitt’s statements, which was filed on Feb. 22, 2019.

An unopposed motion for protective order was granted by Judge Josey-Herring. The case was transferred from DC Superior Court Judge Danya Dayson on Dec. 31, 2019.

A jury trial is scheduled to begin on Feb. 24.

Document: Homicide of an Infant in Brentwood

The Metropolitan Police Department is investigating a homicide that occurred on the 1600 block of New York Avenue, NE.

According to a press release, officers were notified that 11-month-old Makenzie Anderson was being transported to a local hospital to be treated for life threatening injuries. She later succumbed to her injuries at the hospital.

The Office of the Chief Medical Examiner performed a autopsy where the cause of death was determined to be blunt force trauma to the head inflicted by another and the manner of death was ruled a homicide.

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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Defense Requests Name of Witness

To better prepare arguments for a murder defendant’s defense, a defense attorney requested the name of a witness.

Alonzo Lewis is charged with first-degree murder for allegedly shooting 40-year-old Jaquon Helm and 35-year-old Venius Badgett on the Unit block of Galveston Street, SW in May of 2018. Lewis, 33, is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed against a minor and unlawful possession of a firearm.

Despite transcripts of what the witness said to police, defense attorney John Fowler requested the name of a specific witness to learn more about what the witness saw or heard.

Fowler told DC Superior Court Judge Anita Josey-Herring that he would agree to a protective order if necessary. However, Judge Josey-Herring said that she could not decide whether or not there needed to be a protective order without listening to the audio file.

The prosecution said that Fowler didn’t need the name of the witness because he had already received the names of seven other witnesses in the case

A status hearing is scheduled to occur on March 27.

Judge Removes Separation Order Between Murder Defendants

A judge ordered Feb. 10 that two murder defendants would no longer have to be separated while in jail.

Jolonta Little, 26, and Monte Johnson, 21, are charged with felony murder while armed in a bias-related crime, conspiracy in a bias-related crime, robbery while armed in a bias-related crime, possession of a firearm during a crime of violence, assault with a dangerous weapon in a bias related crime, assault with intent to commit robbery while armed and carrying a pistol without a license outside a home or business for allegedly shooting 22-year-old Deeniquia Dodds, a transgender woman, on the 200 block of Division Avenue, NE in 2016.

Defense attorney, Brandi Harden, requested for a separation order between Little and Johnson to be removed. The separation order was filed on Feb. 4, 2019.

Johnson’s attorney, Kevin Irving, along with Harden, asked for Little and Johnson to be released to a halfway house or be allowed visitors while incarcerated.

DC Superior Court Judge Danya Dayson granted the request to lift the separation order. The caseload was transferred from DC Superior Court Judge Milton Lee on Dec. 31, 2019.

Judge Dayson also denied sending Little and Johnson’s to a halfway house or allowing him to have visitors while in DC Jail.

The prosecution is expecting the trial to last for at least three weeks. Judge Dayson set a new trial date for Jan. 11, 2021.

A status hearing is scheduled to occur on June 22.

Document: Traffic Fatality on Southern Avenue, SE

On Feb. 8, a pedestrian was killed in a traffic accident on the 1400 block of Southern Avenue, SE.

According to a MPD press release, a Chevrolet Malibu was traveling south in the 1400 block of Southern Avenue, Southeast, when it evasively maneuvered to the right and collided with a Metro Bus to avoid striking a pedestrian.

The Metro Bus then struck the pedestrian, causing the pedestrian to be trapped under the bus.

DC Fire and Emergency Medical Services responded to the scene and extricated the pedestrian. After all life-saving efforts failed, the victim was pronounced dead on scene.

The victim was identified as 38 year-old Rickey Carey, of no fixed address.

This case remains under investigation.

Anyone with information regarding this incident is requested to contact the Metropolitan Police Department at (202) 727-9099.

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Document: Arrest Made in 2019 Benning Heights Homicide

On Jan. 8, officers from the Metropolitan Police Department arrested a 21-year-old man in connection to a homicide that occurred in the Benning area of Washington, DC.

According to a press release, Kemonte Marting a resident of Northeast, DC was charged, with first-degree murder while armed for allegedly shooting 17-year-old Eric Mercer on the 4700 block of Benning Road, SE on Nov. 26, 2019.

Mercer, who was a resident of Northwest, DC died at a local hospital.

This case remains under investigation.

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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Judge Orders New Status Hearing

On Feb. 7, A DC Superior Court judge scheduled a new hearing date for a case that involves a fatal shooting.

Brandon Wiggins, 22, is charged with first-degree murder while armed for alledgedly shooting Damon Bell, 43, and Donald Lewis, 25, both residents of Northeast, DC, on the 1600 block of West Virginia Avenue, NE on June 14 2019, and the 1700 block of West Virginia Avenue, NE on Dec. 18, 2018, respectively.

DC Superior Court Judge Todd Edelman scheduled a status hearing on Feb. 28.

According to court documents, Bell was found unconscious with multiple gunshot wounds in a vehicle, and Lewis was found unconscious and with multiple gunshot wounds inside a residence at the listed location.

Wiggins is being held without bond.

This article was written by Noa Donvan

Case Acquitted: DNA Testing Now Complete, Prosecution Says

This case has been acquitted.

During a status hearing Feb.7, the prosecution told a judge that a retest of DNA evidence was completed and the results were shared with the defense.

Cedric Selinus Alexander, also known as Tony White, 47, is charged with first-degree murder while armed, robbery while armed with a firearm, and unlawful possession of a firearm during a crime of violence for allegely shooting Daquan Hooks, 38, on March 23, 2017, on 1900 block of 13th Street, SE.

The prosecutor said that due to some previous DNA issues, a retest of the evidence was necessary. During the retest of evidence, no new DNA was found.

The prosecutor also said that not everything was tested in either round, and that if the defense wanted to test the same evidence or less, then the defense might as well test all of the evidence.

Alexander’s defense attorney, Jacqueline Cadman, told DC Superior Court Judge Ronna Lee Beck that the defense’s independent testing would be completed by the end of the month.

Cadman also told Judge Beck that the defense wanted to discuss release conditions with the prosecution. She said she wanted to finalize release conditions within the next two weeks.

Judge Beck told counsel that release conditions would be discussed at the next status hearing, along with the results of the defense’s independent DNA testing.

Alexander is scheduled for a status hearing on Feb. 28.

This article was written by Lea Gianasso.

Murder Defendant Pleads Not Guilty

During a felony arraignment Feb 7, a murder defendant pleaded not guilty.

Barbara Sanders is charged with second-degree murder while armed with a knife for allegedly stabbing 59-year-old Thurman Knight on the 500 block of Montana Avenue, NE in March. According to court documents, Sanders, 53, and Knight resided together and were in a romantic relationship for nearly eight years.

After the clerk read Sanders her constitutional rights, her defense attorney Matthew Davies, pleaded not guilty on the defendant’s behalf. He continued with asserting her right to counsel and request for a speedy trial.

The prosecutor said she sent the defense a discovery letter with numerous pieces of evidence found on officers’ body worn cameras in relation to the incident.

She said she also sent a consent motion along with an attached order in regards to the grand jury.

Lastly, the prosecutor said DNA testing was completed, and she shared the results with the defense.

The prosecution has not extended any plea deals as of Feb. 7.

A status hearing has been set for March 6.

This article was written by Naysha Carrasquillo.

Judge Sentences Murder Defendant to 11 Years in Prison

A murder defendant is sentenced to 11-years in prison for shooting a 19-year-old from a car.

Keith Jenkins, 20, is sentenced to prison for voluntary manslaughter while armed, for shooting Alvin Barnes, 19, on the 2200 block of Alabama Avenue, SE on Oct. 23, 2019. The two had gotten in a physical dispute, whereby Jenkins drove away and then and shot Barnes in the back of the head from a car.

DC Superior Court Judge Todd Edelman said he considered sentencing Jenkins under the Youth Rehabilitation Act, which is a sentencing alternative for offenders who are convicted under the age of 22.

Jenkins turned himself in to the police with great speed, pleaded guilty, and has been greatly cooperative thus far, Judge Edelman said in reference to his consideration.

However, Judge Edelman said he decided against sentencing Jenkins under the act because of the nature of the crime and his other charges.

Even though Jenkins had no prior criminal history, he is currently released on bond in Prince George’s County, Md. for an alleged robbery.

In addition to his prison term, Jenkins will serve five years on supervised release. He will also need to register as a gun offender after he is released from prison.

“Nobody wins here,” the prosecutor said. “There’s a dead young man and a man who is going to be incarcerated for a lot of his life.”

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