Judge Establishes Probable Cause

A judge ruled Jan. 24 that the prosecution established probable cause. However, due to issues with a witness’s statements, the judge could not find substantial probability.

J’Whan Simpson is charged with first-degree murder while armed for allegedly shooting Domonique Franklin, 16, on Aug. 30, 2019, on 200 block of M St., SW. Simpson, 17, is being tried as an adult.

District of Columbia Superior Court Judge Juliet McKenna said that because of the inconsistencies in the witness’s statements, including a nickname that lacked validation, she could not find substantial probability that Simpson would be convicted by a jury.

Judge McKenna granted the defense’s request for release on the grounds that Simpson is a juvenile who turned himself in.

“I will give you the benefit if the doubt,” Judge McKenna said.

Simpson was released to the high intensity supervision program with stipulations, including the fact that he is not allowed to return to DC without his lawyer. There are other stipulations connected to Simpson’s release that were not disclosed in open court.

The prosecutor objected on the grounds that the victim was cooperating with the prosecution in another case. The prosecutor also said there is further evidence, in Virginia, that the suspect is involved in criminal offenses, namely grand larceny and theft.

According to defense attorney, Rachel Cicurel, the prosecution’s case relies on the testimony of one witness who supplied authorities with contradicting statements.

Cicurel also said the witness’s identification of the murder defendant by his nickname,”Sixteen,” was unconfirmed. The defense attorney said the witness’s confirmation was based on hearsay.

A felony status hearing is scheduled to occur on Feb. 8.

This article was written by Lea Gianasso.

Defense Argues that Investigation by Lead Detective is Insufficient

During a motions hearing on Jan. 24, defense counsel questioned a lead detective about his investigation of a murder case.

Deon Crowell, 50, is charged with first-degree murder while armed for allegedly stabbing Joni Rockingham, 53, on the 300 block of 34th Street, NE on Dec. 12, 2017. Police discovered Rockingham in the River Terrace neighborhood unconscious and unresponsive among several garbage bins with a significant amount of dirt on top of her.

The defense argued that the detective had not sufficiently investigated the case. According to the defense, the detective missed foundational steps in building the case because he became the lead investigator later on in the case.

Apparently, cases for various other suspects who engaged in violent behaviors, including her ex-boyfriend who assaulted her on multiple occasions and another individual who had been caught on surveillance cameras assaulting Rockingham in a liquor store’s parking lot, were dismissed by the detective.

The detective said he did not look into any of the other suspects. He only investigated Crowell.

Additionally, defense counsel said the detective neglected to do frequent check-ins with other officers about the case and was unaware of various smaller-scale investigations that pertained to the case. Details on the smaller-scale investigations were not disclosed in open court.

The detective confirmed that he had a history of losing vital evidence in another case that was not related to the murder investigation. The detective also said he had been suspended from his duties for 10 days.

According to a press release from MPD, Rockingham had been an active subject of a Youth and Family Services Division missing persons case. She had been seen at a club several weeks before her body was discovered. The release said there had been reports of a woman being forced into a car. Rockingham was reported missing on Nov. 24, 2017.

Witness told police that Rockingham may have been been killed because of her involvement in several other homicide cases and trials, according to court documents.

DC Superior Court Judge Dayna Dayson said she expects to make a ruling on the motions in Crowell’s case on Feb. 11.

This article was written by Noa Donovan

Judge Denies Motion to Release Powell Before Trial

A judge denied Jan. 24 a defense attorney’s request for a murder defendent to be released prior to his trial.

Tyrell Powell, 22, a resident of Southeast, DC, was charged with first-degree murder while armed for allegedly shooting 22-year-old Semaj Alsobrooks. The shooting occurred on the 3900 block of East Capitol Street, NE on Sept. 4, 2019.

This is the second time DC Superior Court Judge Todd Edelman has denied release. Judge Edelman said the release was denied because he found, in November of 2019, that there was probable cause that Powell, who is also known as Marco D Powell, committed the murder.

During the status conference, Powell also switched attorneys. Pierce Suen and Jason Tulley will represent him in place of Judith Pipe.

Powell is scheduled for another felony status conference on Feb. 28.

A trial date has not been set.

Corrine Simon wrote this story.

Document: Police Investigate Homicide on Sherman Avenue, NW

The Metropolitan Police Department is investigating a homicide that occurred on the 2900 Block of Sherman Avenue, NW on Jan. 26.

According to a press release, officers found 19-year-old Andy Bonilla, a resident of Northwest, DC, suffering from multiple gunshot wounds. He was taken to an area hospital where he was pronounced dead.

The department is offering up to a $25,000 reward for information that leads to an arrest and conviction in this case or any other homicide case in Washington, 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.

[documentcloud url=”http://www.documentcloud.org/documents/6672688-1-26-20-Homicide-2900-Block-of-Sherman-Avenue.html” responsive=true]

Document: Homicide on N Street, SW

The Metropolitan Police Department is investigating a homicide that occurred on the Unit Block of N Street, SW on Jan. 26 .

According to a press release, officers found 36-year-old Eric Delonte Barbour, a resident of Southwest, DC, suffering from multiple gunshot wounds. He was taken to an area hospital where he was pronounced dead.

[documentcloud url=”http://www.documentcloud.org/documents/6672676-1-26-20-Homicide-Unit-Block-of-N-Street-Southwest.html” responsive=true]

Judge Denies Murder Suspect’s Release from Home Confinement

A judge denied Jan. 24 a motion to remove a murder defendant from home confinement.

Eric Smith, 20, is charged with first-degree murder while armed for his alleged involvment in the death of 38-year-old Rondell Wills on the 200 block of 50th Street, NE on May 3, 2018. Wills was not the intended target and was shot while protecting children when a drive-by shooting occurred, according to court documents.

DC Superior Court Judge Neal Kravitz said that he did not know enough about the case to make a decision about whether home confinement should be removed. Judge Kravitz also told the defense attorney that she should refile a motion to remove the defendant from home confinement.

Smith’s defense attorney, Ieshaah Murphy, said the defendant should be removed from home confinement because he did not have any violations since it was first set in August of 2019.

During the status hearing, the prosecutor said he would make a decision in the next 30 days about whether he would conduct DNA testing.

According to the prosecutor, there is not any evidence on Smith’s Icloud that can be used against him in court.

Smith’s next hearing, when the defense will decide if they will conduct DNA testing, is scheduled on May 22.

Naysha Carrasquillo wrote this article

Prosecution Failed to Comply with Court Order, Defense Says

During a mental observation hearing Jan. 24, a defense attorney claimed that the prosecution was not following through on a court order that a DC Superior Court judge issued.

Alisa Randall, 31, is charged with second-degree murder while armed for allegedly stabbing 59-year-old Ronald Jones in an apartment on the 1300 block of Euclid Street, NW on July 15, 2019. Apparently, Randall said Jones attacked her. She also said Jones sexually assaulted her daughter.

The defense attorney for Randall, John Fowler, said Judge Craig Iscoe mandated a court order for the prosecution to turn over unredacted body camera footage of potential witnesses commenting on Randall’s mental state. Judge Iscoe previously presided over the case.

Fowler also requested that DC Superior Court Judge Neal Kravitz ask the prosecutor how much progress she made in regards to speaking with detectives who might have discussed or received information about Randall’s mental state. Fowler said he wanted this information in order to build a not guilty by reason of insanity defense.

According to Fowler, the court order stated that the prosecution would look through all the body camera footage and un-blur the faces, give names, and contact information for anyone that referenced Randall’s mental state, so that Fowler could question the witnesses about their comments.

The prosecutor said she turned in the body camera footage once she received the recording. She also said she gave the defense witness contact information and grand jury testimony.

The prosecutor said she would look into the defense’s requests and disclose all the necessary information about statements made to the detectives and any responding officers to the scene of the murder by mid-March

Randall’s latest mental competency exam came back with a result of her still not being able to stand for trial, according to Judge Kravitz.

Neither party disagreed with the findings of the report, however Fowler said the statutory limit would be reached soon because Randall had served a combination of 11 months at Saint Elizabeth’s Hospital, DC’s psychiatric institution, and substantial progress did not seem to be obtainable.

Fowler said he wanted a 30-day check in while the prosecutor wanted to meet in 60 days.

Judge Kravitz decided to meet in the middle with a 45 day check in.

A status hearing is scheduled to occur on March 6.

Naysha Carrasquillo

Judge Issues Bench Warrant for Murder Defendant

After considering release for murder defendant, a DC Superior Court judge ultimately decided to issue a bench warrant for a murder defendant.

Gary Proctor, 47, is charged with first-degree murder while armed, possessing a firearm during a crime of violence, unlawfully possessing a firearm during a crime of violence, carrying a pistol outside a home or business, and unlawful possessing ammunition in connection to the murder of his cousin, Jerome Diggs, 42. The victim died on Jul. 27, 2015, on the 1300 block of First Street, SW in his home.

DC Superior Court Judge Dayna Dayson issued the warrant to hold Proctor until his next hearing because he also has a case in Maryland.

Judge Dayson scheduled a status hearing on March 9.

Noa Donvan wrote this article

Murder Defendant Claims Remorse Despite Prior Statement

During a sentencing Jan. 24, a murder defendant expressed remorse before receiving his sentencing.

Donnell Mills, 30, pleaded guilty Oct. 22, 2019, to second-degree murder while armed. He was initially charged with first-degree murder while armed and attempt to commit armed robbery for allegedly stabbing Jelani Mohammed, 38, on the 1500 block of Benning Road, NE on Nov. 8, 2018.

“I am very sorry for all of it and did not mean for it to go the way it went,” Mills told DC Superior Court Judge Milton Lee.

The attempt to commit armed robbery charge was dropped.

Judge Lee sentenced Mills to 21 years in prison and recommended that he receive credit for the time that he had already served. The judge ordered mental health and drug treatment during Mills’ time in prison. Mills is required to serve five years of supervised release.

The prosecution recommended a 22-year sentence in prison.

“I’m living with an ache in my heart that will never heal. A part of me died with him,” the victim’s mother told Judge Lee.

Members of the victim’s family continuously expressed their concerns for the possibility of the murder defendent receiving a lighter sentence.

“He cussed me out for expressing how I felt about my brother’s death,” the victim’s brother said, referring to a prior incident in court. On Oct. 16, the defendant disrupted the victim’s brother and used vulgar words during an impact statement.

Mohammed’s family and friends nearly filled the entire left side of the courtroom.

“He does feel remorse and can’t undo what is done. Whatever sentence he is given, he will be a much older and mature man,” Mills’ defense attorney said.

Corrine Simon wrote this story.

Lead Forensic Scientist Fails to Recover all Evidence

During day three of a murder trial, the defense said the lead forensic scientist failed to recover a portion of evidence, which was not her first offense of this nature.

Marquette Tibbs is charged with first-degree murder while armed, conspiracy to commit a crime of violence, robbery while armed with a firearm and possession of a firearm during a crime of violence. He allegedly shot and killed Orlando Silver III, 37, on the 1300 block of Howard Road, SE, in 2016.

During the first inspection of the evidence, the scientist, who is employed with the Department of Forensic Science, said she patted down the jacket and pants to ensure that there were no sharp objects inside.

Following that, she said she inspected what she thought was every pocket of the jacket and pants.

The forensic scientist failed to recover $330 from the jacket pocket and $60 from the pants pocket. The money was found when defense counsel conducted a search.

Following the incident, the scientist received a letter of reprimand from her supervisor that informed her of evidence from the case that she failed to recover.

The scientist has a record of similar infractions. In two other cases, the scientist made other mistakes that involved failure to remove ammunition from a gun and contaminating evidence from a crime scene.

Another forensic scientist, from Signature Science Laboratory in Texas, said he reviewed a DNA swab from Tibbs’ cheek and a swab from the gun which was a mixture of two individuals’ DNA.

The scientist said he could not determine the source of the DNA on the gun. He said the gun sample was incomplete and not suitable for comparison because there were too many contributors and it was difficult to distinguish.

Tibbs’ trial is set to continue on Jan. 27.

Written by Corrine Simon

Prosecution to Produce Missing Discovery Items Days Before Trial

During a trial readiness hearing Jan. 23, defense attorneys said they were not given all the evidence from the prosecution, making them unable to be prepared for trial.

Keith Archie, 40, allegedly stabbed 32-year-old Demond Marcel Rush on the 3600 block of 22nd Street, SE in July of 2017. Archie had previously rejected a second-degree murder while armed plea deal.

Archie’s attorneys, Sylvia Smith and Jason Tulley, said that the prosecutors were not cooperating in regards to filing items into the court.

“It took six weeks for them to respond to my emails,” said Tulley.

The defense attorneys said they are missing emails, phone data with time stamps, and unredacted police reports from the prosecution. In addition to not hearing back from the prosecution, the defense said they had not been given notice of any filing of evidence. Smith and Tulley asked DC Superior Court Judge Neal Kravitz to issue an instruction to the jury, so that they are aware of the extenuating circumstances.

The prosecution argued that the instruction would be highly prejudicial to their case and that a dismissal of the case would be less prejudicial.

“Discovery needs to be complete, not substantially complete,” Judge Kravitz said.

Tulley said the cases are much different now than they were 20 or 30 years ago. Looking through videos, bodycam footage and files are more time consuming now than they used to be, he told the judge.

“I think an instruction would infer that the prosecution was hiding information because their case was weak,” said Judge Kravitz.

The prosecution agreed to work with the defense in making sure everything was turned over before next week’s trial.

Jury selection for Archie’s trial is scheduled on Jan. 27

Opening statements are slated for Jan. 28.

This article was written by Jailynn Caraballo, MiriYam Judd, and Lea Gianasso.

Jury Selection for 12 Year Old Murder Case Includes Questions About Drugs

During jury selection Jan. 23, a DC Superior Court judge interviewed potential jurors on a case that the prosecution theorized was the result of a drug deal gone bad.

Mason Binion, 32, Victor Carvajal, 33, and Joshua Massaquoi, 32, are charged with first-degree murder while armed for their alleged role in the shooting of Michael Francis Taylor, 21, on the 600 block of Farragut Street, NW, on June 22, 2008.

The proceeding started with a basic skeleton of questions that probed whether the potential jurors knew any of the defendants, defense attorneys, or prosecutors. Judge Ronna Beck also asked jury candidates if they were going to be able remain impartial if the defendants chose not to testify, invoking their fifth amendment right.

Judge Beck asked if the potential jurors had any dealings or strong feelings towards narcotics specifically marijuana.

The prosecution said Jan. 22, during the trial readiness hearing, that a question about marijuana and narcotics was needed. According to the prosecution, the question aligned with a theory that Taylor’s death came as a result of him not being able to secure a few pounds of marijuana for Binion, Carjaval and Massaquoi, despite having allegedly turned money over to sellers.

Ultimately, 16 jurors were selected with four alternates. Two of which were dismissed today and told they would be called in case of emergency. Two others will be dismissed after closing arguments are made.

All the alternates were randomly selected by number before being selected for the trial.

Opening statements are scheduled to begin on Jan. 27.

Jaylin Hawkins wrote this story

Judge Grants Defense Request for Extra Time in Light of Possible Plea Deal

During a status hearing, Jan. 23, a defense attorney asked a DC Superior Court judge for more time to discuss plea deals with a murder defendant.

DeAndre Houston, 20, was charged with first-degree murder while armed with a firearm on Nov. 1, 2019, for the alleged murder of Roderick Thomas, 27, on Oct. 11, 2018.

Houston’s defense attorney, Betty Ballaster, said she is involved in school and needs more time, requesting a one and half month continuance, to negotiate a plea deal.

The prosecution said all of the evidence was already given to the defense.

District of Columbia Superior Court Judge Craig Iscoe granted the prosecution a continuance on April 19, 2019, for both parties to review case filings. Houston pleaded not guilty at his felony arraignment on Aug. 12, 2019, previously denying a plea deal that would drop his charges from first-degree-murder to second-degree.

Houston received a change of council on Oct. 11, 2019, after requesting a new attorney in September of 2019. Judge Iscoe approved Houston’s request and appointed Betty Ballester to represent him.

During the investigation, police found a black backpack with a book from a local elementary school, which they traced back to Houston and were able to find his fingerprints. Witnesses told police that they saw a black individual holding a gun, arguing with Thomas near a black Audi. Houston’s prints were later found on the Audi.

The parties agreed to discuss the plea deal in question, as well as the litigation that is currently on hold until the next hearing.

District of Columbia Superior Court Judge Kravitz took the case over in December of 2019.

Houston’s jury trial is scheduled to occur on May 3, 2021.

A status hearing is scheduled on March 13.

This article was written by Jailynn Caraballo, MiriYam Judd and Lea Gianasso.

Police Recover Murder Weapon

During a murder trial Jan. 22, a Metropolitan Police Department (MPD) officer testified to recovering a firearm that the murder defendant allegedly dropped in a grassy, wooded area. The area was located a few blocks away from the crime scene.

Marquette Tibbs was charged with first-degree murder while armed, conspiracy to commit a crime of violence, robbery while armed firearm, and possession of a firearm during a crime of violence. He allegedly shot Orlando Silver III, 37, on the 1300 block of Howard Road, SE, in 2016.

The MPD officer said he used a lookout description of the suspect, which he received through radio dispatch to canvas the area. Once confirming that an individual matched the description, the officer pursued Tibbs.

According to the officer, Tibbs threw the firearm into a grassy-wooded area and continued running past two fences in the woods. The officer said he was faced with a difficult decision after losing sight of Tibbs.

“Immediately I stopped and had to make a decision to stop or to pursue him,” said the officer.

When Tibbs disposed of the firearm, the officer was able to identify that it was a dark object. After a thorough canvas of the area, which took about 8-10 minutes, he said he spotted the firearm.

“Immediately I had to let the dispatcher know I had indeed a weapon recovery on the 2500 block of Pomeroy.”

According to the MPD officer, he stayed with the firearm to ensure it wasn’t moved or tampered with. Meanwhile he reported on the radio a lookout description of Tibbs.

Another officer apprehended Tibbs. In order to identify that it was the same suspect, the first officer went to Tibb’s location, while a different officer stayed with the firearm. With a silent head nod, the officers were in compliance that this was their suspect.

Despite a forensic scientist obtaining 15 fingerprints from the scene, a representative from the Department of Forensic Sciences said that only five of the fingerprints had enough quality to go through the analyzation process.

According to the representative, five fingerprints of value were recovered. The department found one sample, which was a print of a left palm, on the hood that matched with Tibbs.

According to the representative the other prints that could not be matched to the victim, Cinquan Cartledge, who is also charged with the murder, or Tibbs.

Corrine Simon wrote this story.

Defense Brings Judge and New Prosecutor Up-to-Speed on Murder Case

During a status hearing Jan. 23, a defense attorney updated a DC Superior Court judge and the case’s new prosecuting attorney on various motions that were filed in a murder case.

Dewayne Chatman, 33, is charged with first-degree murder while armed for allegedly shooting 29-year-old Evan Williams on the 4000 Block of 3rd Street, SE in 2016. Chatman is also being charged with 21 other counts, including assault with the intent to kill, threat to kidnap or injure a person and unlawful possession of a firearm.

Dominique Winters, Chatman’s defense attorney, stated that the complainant sustained serious injuries following the shooting, and allegedly suffered from multiple mental health-related issues.

A witness named multiple other people besides Chatman as the shooter. The witness was also unable to identify Chatman before being shown a picture of him.

The defense’s theory is that GPS evidence will exonerate Chatman as none of the witnesses’ statements place the suspect in the same place as the GPS data places Chatman.

Chatman’s trial is set for April 6.

A motion hearing is scheduled to occur on March 9, 2020

Written by Wyatt Mullins and Arielle Frank

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