Judge Grants Continuance of Probation Hearing in Light of Defendant’s Mental Health Status

Legal counsel raised concerns about his client’s mental health, prompting a DC Superior Court judge to push back the defendant’s probation hearing.

Clarence Lambert was convicted of two counts of simple assault on police officers. He is currently on probation after pleading guilty in January.

Thomas Lester, Lambert’s defense attorney, said his client has been receiving less care for schizophrenia because of the COVID-19 pandemic.

According to Lester, his client’s mental health status has made it more difficult for him to comply with probation requirements.

According to a probation officer, Lambert has continually violated his GPS-monitoring conditions by letting the battery die. He has also violated curfew every day.

The officer also said Lambert has not kept in consistent contact with him either.

The probation officer requested a 45-day continuance to see if Lambert is able to comply with his probation requirements. He also requested a stay away from an area that Lambert frequents.

But, Lester raised concerns about adding requirements, saying it would only make compliance harder for Lambert, especially with diminished attention to his mental health.

DC Superior Court Judge Sean Staples granted a 45-day continuance for the hearing,He did not impose a stay away order.

Lambert’s next hearing is scheduled for Aug. 11.

Judge Orders Psych Treatment for Sex Abuse Defendant

A DC Superior Court judge ordered psychological treatment for a legally incompetent defendant who is nearing the end of his probation for a sexual abuse case.

On July 17 of last year, Kevin Pierce was sentenced to two and a half years in prison, however the confinement time was suspended. Instead of being held behind bars, Pierce was put on probation for one year for assault with the intent to commit first-degree sexual abuse.

As part of his probation, Pierce was required to comply with mental health treatment and be housed at a community residential facility at St. Elizabeth’s Hospital, DC’s psychiatric institution, for as long as the treatment recommends. His probation was supervised by the behavioral health branch of the Court Services and Offender Supervision Agency (CSOSA). Pierce also had to register as a sex offender.

Judge Todd Edelman chose to commit Pierce to St. Elizabeth’s because of his inability to regain competence.

The defendant’s probation is slated to end on July 17.

During the June 16 hearing, the prosecution expressed concerns that Pierce would be a danger to himself and the community. Judge Edelman also expressed his own concerns because he did not want to leverage the defendant’s incompetence in order to hold him beyond the terms of his sentence.

A notice of noncompliance was issued on Aug. 15. Pierce failed to appear for the probation show cause hearing that was subsequently scheduled for Aug.26. A bench warrant was issued, and he was found incompetent on Sept. 10, and again on Nov. 8.

A report on an alleged violation was issued on July 26. Another hearing to assess Pierce’s probation is scheduled on Aug. 2.

Judge Grants Continuation of Hearing for Homeless Defendant

A defendant failed to appear in court June 16, but extenuating circumstances may explain his absence — Lewis is homeless.

Malik Lewis has been charged with violation of a protective order, attempted threats to do bodily harm and simple assault related to a domestic violence case.

Bruce Cooper, Lewis’ attorney, said that because of Lewis’ homelessness, he is hard to get in touch with.

Lewis was placed in the high intensity supervision program (HISP), but he failed to report as instructed. Additionally, Lewis also has a warrant out for his arrest in Arlington, Va, according to Cooper.

Pretrial Services Agency is requesting Lewis be removed from HISP because of his violations.

Cooper said that Lewis has violated his stay away more than once and appears to be at that location for hours at a time. But, no one seems to know why this is the case.

Due to Lewis’ lack of housing and ability to be reached, District of Columbia Superior Court Judge Sean Staples granted a continuation of the hearing. The hearing is now set for July 17.

Judge Doesn’t Release Man with Multiple Assault Charges

On June 16, a DC Superior Court judge denied a request for release from a man who is charged with offenses connected to multiple violent outbursts.

Ronald Washington was charged with assault with the intent to commit robbery in March and misdemeanor assault on June 3.

Police arrested Washington on March 19 for attempting to rob a Subway restaurant on the 3900 block of Minnesota Avenue, NE. He threw plastic bottles and a table at the clerk whom he ordered to open the cash register.

The defendant later assaulted a correctional officer at the DC Jail, allegedly throwing a chair at him and attempting to stab him with a pencil.

Judge Renee Raymond said she was not told, before the hearing, that Washington had also been charged with the misdemeanor assault.

Defense attorney Celine Schroeder said Washington’s outburst in jail was evidence that he has been suffering psychologically due to mistreatment and should be released so he could recover.

The prosecution reminded the judge that Washington was formerly charged eight times with assault, including six for which he received a conviction. The prosecutor said the defendant’s tendency for violence could not have been the result of jail conditions.

A felony status hearing is scheduled to occur on Aug. 7.

Judge Denies Defendant’s Fifth Motion for Release

A DC Superior Court judge denied a defendant’s fifth motion for release, arguing that he is a threat to the community’s safety.

Tony Horne, 39, is charged with conspiracy, possession of a firearm during a crime of violence, second-degree burglary while armed, kidnapping while armed, robbery while armed, assault with a dangerous weapon, first-degree theft, possession of marijuana with intent to distribute while armed, assault on a police officer while armed, unlawful possession of a firearm while armed, carrying a pistol without licence outside of home or business, possession of a unregistered firearm and unlawful possession of ammunition.

Horne has motioned for release five different times since Nov. 1, 2019. As COVID-19 continued to spread in DC Jail, Horne’s motions became more frequent.

Defense Attorney Joseph Yarbough cited the various skin and gastrointestinal issues Horne got while detained as reason to release him. Horne recently contracted COVID-19 and was transported to isolation. When he was released back into the general population of DC jail, some COVID-19 symptoms returned, such as shortness of breadth.

Horne recently tested both positive and negative for COVID-19 after isolation.

Counsel for the defense and the prosecution are unsure as to whether Horne still has COVID-19 or if the symptoms are simply still present.

Yarbough and Judge Neal Kravitz also examined Horne’s previous release in 2019.

Horne had been released because he had not yet charged with kidnapping, although the prosecution possessed video evidence.

When Judge Kravitz asked about the reasoning behind the delayed kidnapping arrest, the prosector said a “thorough investigation” of the video evidence needed to be done.

Horne and his alleged co-conspirators, Dexter Brown and Gregory Sharps, who have also motioned for release, will remain in DC Jail while awaiting their status hearing on June 19.

Document: Police Arrest Suspect More than 2 Months After Crime

The Metropolitan Police Department arrested a juvenile suspect for a burglary charge on June 16.

According to a press release, the juvenile forcibly gained entry into a residence on the 3700 block of Chesapeake Street, NW on April 3.

Once inside, the suspect took property and fled.

The residence was occupied at the time.

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Crime Alerts: June 15-16

Between the hours of 8 p.m. on June 15 and 8 a.m. on June 16, the Metropolitan Police Department sent out three crime alerts.

The most recent alert was sent at 5:15 a.m. for an attempted robbery of an establishment with a gun on the 1700 block of Columbia Road, NW. The police are looking for three black male suspects. One suspect is wearing a white tank top. Another suspect is wearing a yellow jacket and the third suspect is wearing a black hooded sweatshirt.. The suspects were last seen on Columbia Road NW in a black Infinity bearing unknown DC tags.

At 1:35 a.m., police sent out an alert for a robbery by force on the 3900 block of 1st Street, SE. Police are looking for eight people, including six black females and two black males. One suspect is wearing all purple clothing.

At 12:51 a.m. an alert for a stabbing at the intersection of 15 Street and V Street, SE was sent out.

Judge Denies Release of Defendant Jailed for Assault

A judge denied the release of a defendant currently jailed for assault.

Cordell Simms is charged with carrying a pistol without a license and assault with a dangerous weapon on April 15.

Defense attorney Albert Amissah requested the release of his client, saying Simms has a place to live with his brother in Silver Springs, Md. Amissah also said the gun in Simms’ possession might have been inoperable.

The prosecution argued that Simms should remain in custody because he has multiple cases of violence against him. When Simms was found by police, he was in a stolen car and had 25 rounds of ammunition.

Judge Michael O’Keefe agreed with the prosecution and said that Simms will stay in custody.

Simms has indicated that he is not sure whether he should take a plea deal that the prosecution is offering.

To allow more time to discuss the matter, Simms has been scheduled for a felony status hearing on July 16.

Defense Needs More Time to Review Evidence

A defense attorney requested to continue his client’s hearing to review new evidence with the defendant.

Khamari Perkins, 19, is charged with the first-degree murder of Naseem Simpson, 18, who died from a gunshot wound on March 26 on the 3000 block of 14th Street, NW.

Perkins’ presence was waived for the hearing.

Defense attorney Kevann Gardner said he requested the continuation because he has not been able to share evidence with his client because of the restrictions at the DC jail due to COVID-19.

Gardner said that he is working with DC jail to deliver the new evidence to Perkins.

Judge Michael O’Keefe granted the continuation, which has been scheduled on June 23.

Perkins remains in confinement without bail.

Defense Attorney Needs More Time to Communicate with Client

On June 15, a defense attorney requested another court date, saying that he had logistical problems communicating with his client.

Melessa Williams, who is also known as Tavesa Nitinia Rose-Moore, was arrested on the 400 block of M Street, SE for assault with the intent to kill while armed with a knife on April 10.

Defense attorney Anthony Matthews requested another court date since he could not speak with his client outside of the presence of other people due to COVID-19 restrictions.

A lawsuit against the DC Department of Corrections revealed that inmates were on calls with their attorneys while a case worker was present.

Another hearing is scheduled for Aug. 3.

Defense Attorneys Want to See Video Evidence in Murder Case

The defense attorneys for two defendants argued that they should be able to watch video evidence that the prosecution currently has in order to prepare for a preliminary hearing.

Jermaine Harris, 18, and Maurice Johnson, 21, are both charged with the first-degree murder of 38-year-old Lamar Walters, who was allegedly killed on the 2400 block of Franklin Street, NE.

On May 13, defense attorney Jonathon Zucker filed a motion to compel the prosecution to give them access to the video evidence.

The prosecutor said that she will work on giving the defense access to the videos.

However, she also said that because there are two additional perpetrators in this crime that still have not been arrested, parts of these videos may need to be redacted for the safety of the witnesses.

The defense attorneys said they would agree to a protection order and to keep the video and findings solely amongst the defense team to ensure the safety of the witnesses.

A preliminary hearing has been scheduled for July 2.

Prosecution Waits on ME’s Report to Determine Murder Charge

A prosecutor is waiting on the medical examiner’s report to determine if a defendant’s charges should be changed to murder.

Tyrone Williams, 49, is charged with assault with intent to commit robbery while armed on March 30. After Williams was charged, the victim of the assault died.

An autopsy was conducted to determine if the assault was the cause of death.

Another hearing is scheduled for June 18 so the defendant can change his legal representation. William’s attorney Charles Allen is not able to represent Felony 1 cases.

Defendant moves towards a plea

Another court proceeding has been scheduled to give a defendant time to decide if he wants to accept to a plea deal.

Anthony Barnes is charged a with carrying a pistol without a license outside a home or business. He was arrested on the 100 Block of Ivanhoe, NW.

The next hearing is scheduled for July 9.

Judge Sentences Defendant to Prison Time Despite Health Concerns

A defendant pleaded guilty to assault and attempted possession of a knife and was sentenced to one year in prison despite his health concerns.

Joseph Armstrong was originally charged with assault with a deadly weapon for allegedly stabbing a victim under their arm on Sept. 11. Armstrong also allegedly punctured the victim’s tire.

The prosecutor requested that Armstrong be sentenced to six months for each charge, citing his “lengthy criminal history,” previous infractions while on probation and noncompliance with pretrial conditions.

Defense Attorney David Richter explained that Armstrong struggles with mental health issues, homelessness and the challenges that come with being transgender.

The defense also said that Armstrong is HIV positive, and that being at the DC Jail during the COVID- 19 pandemic has been very scary for his client, who is concerned about his health.

DC Superior Court Judge Micheal O’Keefe agreed with the prosecution, saying that Armstrong has proven that, because of previous probation infractions, confinement is necessary.

Prosecution Finalizes Plea Deal for Suspect Charged with Misdemeanors

On June 15, a DC Superior Court judge scheduled another hearing for a defendant who was arrested for assault..

Police arrested Ariel Amaya won April 14 for allegedly breaking into a store and assaulting the manager. He also allegedly carried an open container of alcohol.

Amaya expressed interest on May 20 in taking a global plea deal that is being offered by the prosecution. A prosecutor said more time is needed to get paperwork together and collect victim statements before finalizing a plea agreement.

Amaya’s next hearing is scheduled for June 22.

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