Judge Permits Statements from Victim and Murder Defendant

During a trial readiness hearing Jan. 22, a DC Superior Court judge said that select statements from a murder victim and a murder defendant were admissible during trial.

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.

Judge Ronna Beck allowed 10 statements that Taylor said before his murder, and five statements that Binion said before and after the murder. The statements are so that counsel can question witnesses about the murder and the prosecution’s theory that Taylor’s death was in connection to a drug deal gone bad.

Judge Beck also said that including Carvajal in the drug deal theory was not admissible during trial because there was no concrete evidence that he or his money was involved in the deal.

Carvajal’s defense attorneys, Justin Okezie and Lucas Dansie, also filed a motion for a continuance for reasons that were placed under seal and addressed at the bench.

The parties also discussed possible questions for jury selection which will take place on Jan. 23.

Opening statements for Binion and Carvajal’s trial is slated to begin on Jan. 27.

Murder Defendant Didn’t Mean to Kill the Victim, Prosecutor Says

During open statements of a murder trial Jan. 21, the prosecution told a jury that the murder defendant had no intention or want to kill the victim.

Marquette Tibbs is charged with first-degree murder while armed, conspiracy to commit a crime of violence, robbery while armed with a firearm and possesion 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.

According to the defense, Marquette Tibbs and Orlando Silver III knew each other prior to the incident. They were business partners, selling marijuana together. Tibbs asked Silver if he knew of anyone that wanted to trade guns. And, he did.

“Someone who sells marijuana has no reason to rob their supplier,” Prescott Loveland, an attorney for the defense said Jan. 21, during his opening statement in the trial.

Silver gave Tibbs and Cinquan Cartledge, who is also being charged with the murder, 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. During the physical altercation, the gun went off and recoiled, hitting Silver in his back and exiting through his abdomen.

“It sounded like a loud firecracker pow,” a witness who was near the scene said.

That witness was the first person to provide aid to Silver.

The witness said the gunshot was 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. That’s when the witness frantically made the 911 call and officers of the seventh district were dispatched to the scene.

On the scene, police officers recovered one shell casing and Tibbs‘s fingerprints.

The prosecutor explained the homicide events step-by-step on Nov. 26, 2016.

During the time of the murder, Tibbs and Cartledge were both on GPS monitors. Based on their location, the GPS monitoring pinged them at the crime scene at that exact time.

Tibbs fled the scene.

A Metropolitan Police Department patrol officer was one of the first to respond to the crime scene. Instead of pursuing the suspect, the officer stayed on scene to gather accounts from witnesses and to canvas the area. Witnesses provided the officer with a description of what the suspect was wearing from a witness at the crime scene.

According to Silver’s aunt, the victim had a heart condition. Therefore, he was issued a medical marijuana card.

A different officer, who was driving, spotted Tibbs in the same Helly Hansen jacket witnesses described him as wearing. The officer tried to make contact, however, once Tibbs saw the officer, he disposed of the gun and continued to run.

Instead of choosing to pursue Tibbs, the officer stayed with the gun so that he could recover the evidence.

A different officer apprehended Tibbs and he was later taken into custody.

Tibbs trial is set to resume trial on Jan. 22.

Corrine Simon wrote this story

Judge Rejects Defense’s Subpoena for Surveillance Footage

During a felony status conference Jan. 17, a motion was granted to reject a defense subpoena for the surveillance footage to not be used.

Melvin Simmons, is charged with first-degree murder while armed with a firearm. He allegedly shot 28-year-old Ronald Brown on the 1700 block of Trenton Place, SE on Aug. 22, 2019.

The defense submitted a subpoena to obtain all the camera footage, prior to the hearing. Even though edited portions were disclosed initially, the defense requested access to the full footage for their case.

DC Superior Court Judge Neal Kravitz accepted the request to stop the subpoena in light of protecting the identities of the witnesses portrayed on the camera footage.

Simmons defense attorney, Ieshaah Murphy, opposed the protective order from the prosecution.

The prosecution told the judge an indictment would be secured, The prosecutor said the full nine-month period to get the indictment would be utilized.

A status hearing is scheduled to occur on Feb. 28.

This article was written by Corrine Simon

Case Acquitted: Jury Would Convict Murder Defendant, Judge Says

Tierra Posey was acquitted of all charges on March 20, 2024.

During a preliminary hearing Jan. 21, a DC Superior Court judge found substantial probability against a murder defendant.

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.

Judge Anita Josey-Herring said that she believed the prosecution would more than likely be able to convict Posey, 21, during a jury trial.

According to court documents, Carey and a witness were traveling to her house when she asked to stop at a gas station.

When she and the witness, along with four minors arrived at the gas station, Carey got out of the car and approached another vehicle.

After approaching the driver side of the vehicle, Carey began to yell at a man for dating another girl. She began to punch the man in the chest, then he pushed her off.

Carey then walked to the back passenger seat and began to pull clothes out of the car.

When she stopped pulling the clothes out the car she then hit the driver.

Posey, who was sitting in the front passenger seat. Posey exited the vehicle and the two began to physically fight.

The witness, who went to the gas station with Carey, the man she initially approached and another witness attempted to separate the women.

When the witnesses who pulled the women apart went back to their respective vehicles, Posey pulled out a gun and shot Carey twice. The gun was allegedly located on the passenger side of the vehicle she was riding in.

The homicide was caught on near-by surveillance cameras.

Posey is scheduled for a felony status conference on Feb. 20.

Defense Counsel Needs Time to Discuss DNA Testing

During a status hearing Jan. 17, defense counsel told a DC Superior Court judge that more time was needed to discuss DNA testing.

Bernard Mckinney is charged with first-degree murder while committing or attempting to commit a robery with a firearm, assualt with the inent to rob while armed, possesion of a firearm during a crime of violence and robbery while armed. Mckinney allegedly shot 24-year-old Daymond Chicas on the 300 block of 50th street near Kelly Miller pool on June 12, 2018.

Judge Neal Kravitz suggested that the trial date from July 2021 to July 13, 2020.

An official change would take place when counsel can agree on a suitable date.

A status hearing is scheduled to occur on Feb. 28, 2020.

Document: Arrest Made in an Assault with a Dangerous Weapon (Gun) Offense: 900 Block of Wahler Place, Southeast

The Metropolitan Police Department (MPD) announced an arrest has been made in connection to a non-fatal shooting incident that occurred Jan. 17 on the 900 block of Wahler Place, SE.

According to MPD documents, officers responded to the location for the report of a shooting. When they arrived, they were notified two juvenile male victims had sought treatment at a local hospital for gunshot wounds. Additionally, a dog was recovered inside the residence with gunshot wound injuries. The dog was transported to a local emergency veterinary hospital for treatment.

The investigation of the scene revealed the offense was the result of a dispute between known parties. The victim and the dog were inside the residence when multiple shots were fired from outside.

On Jan. 17, officers arrested and charged 18-year-old Robert Brown with assault with a dangerous weapon.

The case remains under investigation.

Shooting Trend Continues in DC

For another month, shootings have accounted for more homicides in DC than any other crime.

There have been 10 homicides in DC. Nine of the ten were from gun-related shootings. One was from trauma. Most of the homicides in November, October and September were from shootings.

Shootings have accounted for most of the violent deaths in December, according to D.C. Witness data. According to the data, even though there was a 29 percent drop in homicides from November to December of 2019, most of the death were still gun-related.

There was also another fatal shooting of a transgender individual on Dec. 30. The death has not been classified as a homicide by the Office of the Chief Medical Examiner. According to a press release, armed private security guards were securing a vacant building when they came in contact with another armed individual. Gunfire was exchanged and the wounded individual fled from the scene.

The individual, whose identity has not been released, was later found by officers. The individual did not display any signs consistent with life, according to the release. The death is under investigation.

Data shows that homicides increased in Ward 5 from one gun-related death to three. Homicides also increased by two in Ward 4, including the death of 40 year-old Jose Martinez- Coto, a resident of Northeast, DC who suffered from blunt force trauma.

Police believe the homicide stemmed from an alleged robbery on July 22, 2019. Martinez-Coto succumbed to his injuries on Dec. 4, 2019. According to a press release from the Metropolitan Police Department, two juveniles were apprehended. The juveniles were charged with robbery by use of force and violence.

It is unclear if the juveniles will be charged with murder.

Data also shows that the number of homicides in Ward 8, an area that is notorious for having the most homicides in the city month over month, dropped from six homicides in November of 2019 to two in December, a 67 percent decrease. The victims include 27-year-old Tyshaun Turner on Dec. 23, 2019, and 30-year-old Taboris Johnson on Dec. 6, 2019. Both victims were fatally shot.

Homicides also decreased in Ward 7 by 50 percent. and in Ward 1 from two homicides to none.

The number of homicides remained unchanged in Ward 6 with one in November and one in December.

Police arrested five suspects in connection to the murders that happened in December.

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

Smith is scheduled for a preliminary hearing on Feb. 21.

Police also arrested Jerome Alexander for allegedly shooting 28-year-old Richard Washington on the 3900 block of Minnesota, NE on Dec. 19, 2019. He is scheduled for a preliminary hearing on Jan. 28.

Vaughn Alexander Kosh was arrested for allegedly shooting Alayna Dawnielle Howard on Dec. 7, 2019 on the 1700 block of Capital Avenue, NE. He is scheduled for a mental observation hearing on Jan. 24.

Defense Requests Earlier Trial Date for 2017 Homicide

During a felony status conference on Jan. 17, DC Superior Court Judge Neal Kravitz granted another hearing for Jordan Smith.

Jordan Smith, 32, is charged with first-degree murder while armed and two firearm offenses for his alleged role in the shooting of Yashika Green, 42, on the 200 block of Wayne Place, SE in 2017.

According to defense attorneys, Mani Golzari and Sylvia Roberta J. Smith, the purpose of the hearing was to ensure that Smith, who was released in November of 2019, was in compliance with his high intensity supervised program (HISP) release conditions. The attorneys also wanted to set an earlier trial date.

In November 2019, attorneys were close to going to trial. However, due to some complications on the defense side, they were not able to proceed. Therefore, the trial was postponed to July 12, 2021.

According to the defense, a disclosure should have been made when Smith was released, however it was not.

DC Superior Court Judge Neal Kravitz wanted Smith to return to court in 30 days in order to resolve any issues and for the attorneys to find an earlier trial date. Attorneys said they expect the trial to last around two weeks.

A hearing where Smith will decide if he wants to independently test DNA material is scheduled to occur on Feb. 28.

Defense Asks to Continue Sentencing

During a sentencing Jan. 17, defense counsel asked a judge for a continuance after the prosecution mentioned another stabbing that involved one of the defendants.

Kevon Pinkett and Keith Johnson pleaded guilty to voluntary manslaughter while armed for stabbing 49-year-old Edwin Richardson on the 2900 block of Martin Luther King Jr. Avenue, SE on April 5.

Defense attorney, Lisbeth Sapirstein, asked DC Superior Court Judge Danya Dayson for a continuance because, in a memorandum, the prosecution mentioned a 2019 stabbing where Pinkett, 19, was the victim.

Sapirstein said the prosecution tried to use the stabbing as a way to make Pinkett’s criminal history seem worse, even though he was the victim in that case.

She asked to continue the sentencing until she had time to look into the case herself.

She also asked that the prosecution hand over any surveillance footage in connection to the stabbing, which she said she believed occurred at a metro station in April of 2019.

The prosecutor said she did not want to continue the case because Richardson’s family showed up to court .

However, after speaking with the family, she agreed to continue the case because she felt the other stabbing that involved Pinkett was a necessary part to arguing for a harsher sentence.

The prosecutor also said she did not believe the defense was entitled to the video footage of the stabbing because that was a separate, unrelated matter.

Johnson’s defense attorney, Dominique Winters, said that all of the letters in support of Johnson, 25, had not been sent to the judge’s chambers. She did not oppose a continuance.

Judge Dayson said that if the prosecution planned on using the stabbing in a way that differs from the pre-sentence report and the youth rehabilitation act then the defense deserves time to investigate the stabbing more.

She also said the prosecution should do research into the surveillance footage of the stabbing because it counts as something the defense would need to know about. She said the footage could help the defense argue for less time in prison.

The sentencing in now scheduled to occur on Feb. 28.

Police Arrest Man 5 Months after Fatal Fire Kills Juvenile

On Jan. 15, the Metropolitan Police Department arrested a 61 year-old man in connection to two homicides involving a fire on the 700 block of Kennedy Street, NW.

According to a press release, James Walker, a resident of Baltimore, Md., was charged for this incident, which took place on Aug. 18 this past year, and had previously been indicted on two counts of second-degree murder and two counts of involuntary manslaughter.

The victims, 40 year-old Fitsum Getachew Kebede and nine-year-old Yafet Solomen, residents of Northwest, DC, were both transported to the area hospital with life threatening injuries. Kebede succumbed to his injuries on the same day, and Solomen on Aug. 20 2019.

Walker is scheduled for a felony arraignment on Jan. 28, and an ascertainment of council on Feb. 18, according to DC Courts.

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Noa Donvan wrote this article

Judge Dismisses Jury To Handle Preliminary Issue

During the first day of trial Jan. 16, a DC Superior Court judge dismissed jurors to discuss a preliminary issue with the parties.

Marquette Tibbs is charged with first-degree-murder while armed, possession of a firearm during a crime of violence, conspiracy to commit a crime of violence, robbery while armed and unlawful possession of a firearm with a prior conviction for his alleged involvement in the death of Orlando Silver, III on the 1300 block of Howard Road, SE in 2016.

Judge Todd Edelman brought in the selected jury only to dismiss them a short time later. He told them that he apologized for making them report but that an issue arose that needed to be resolved before trial could start.

He also told them that despite losing a day of trial, he and the parties still expected the trial to finish by Feb. 6.

Judge Edelman also informed the jurors that they did not need to report back to court until Jan. 21 because they do not sit on Friday’s and Monday the courts will be closed in observance of the Martin Luther King, Jr. Holiday.

The preliminary issue is expected to be discussed during the afternoon on Jan. 17.

Tibbs’ defense counsel, Jessica Willis, asked Judge Edelman to waive the defendant’s presence because the nature of the preliminary issue is sensitive information.

Her request was granted.

Opening statements for trial are scheduled to begin on Jan. 21.

Body Cam Footage Shows How Victim’s Body Was Discovered, Officer Says

During a resumed motions hearing Jan. 15, a police officer told a DC Superior Court judge how a witness described finding the body of a victim.

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.

A police officer told a judge that when he arrived at the 300 block of 34 Street, NE on Dec. 12, 2017, a witness told him that he was looking for an empty trash can to use as storage for scrap metal so he could go to the junkyard.

The officer said the witness told him that he found the body when he went to search for empty trash cans that were located at an abandoned house on the block.

The witness told the officer that when he opened the trash can he saw a hand. Apparently, the statement was captured on another officer’s body camera footage.

He said the witness went home immediately and told his wife, who then called 9-1-1.

The officer said when he arrived on the scene the witness showed him where the body was while telling him how he found it.

This police officer is now one of more than 20 officers who have testified as part of the hearing that initially began on Oct. 16, 2019.

Before the proceedings began, a prosecutor said one of her key witnesses would not be able to testify this week due to personal issues.

She said she would check in with the detective to see when it would be convenient for him to testify but gave no specific time.

She also said that he would be the last person to testify and every other witness would be finished by Jan. 24.

Crowell’s defense attorney, Elizabeth Weller, said she would like to know when the final witness is expected to testify as soon as possible.

DC Superior Court Judge Danya Dayson said she has carved out time to finish testimonies and the final detective’s testimony would be given on the same day as she expects parties to give their arguments.

“I will obviously give you time to formulate arguments because I think this final detective’s testimony will be a big part of both of your arguments. But, I expect to listen to the arguments on the same day as his testimony,” said Judge Dayson.

She also said that she will not have a ruling on the motions on the same day as arguments. However, she said she would rule on the motions on Feb. 10.

The motions hearing is scheduled to continue on Jan. 16.

Document: Police Arrest Suspect in Foggy Bottom Homicide

On Jan. 14, officers from the Metropolitan Police Department arrested a 51-year-old man in connection to a homicide that occurred in the 2400 block of Virginia Avenue, NW.

According to a press release, Joseph Melton, a resident of Southeast DC, was charged with first-degree murder while armed. He was also charged for another incident for assault with intent to kill (knife) that occurred earlier on Jan. 14.

The victim suffered multiple stab wounds and was transported to an area hospital for life threatening injuries. Despite all of the efforts made by medical professionals to save the victim’s life, they were pronounced dead.

Currently, the victim’s identity remains unidentified. Police are trying to notify next of kin. On Jan. 15, police released the victim’s identity. The victim is 48-year-old Kevin Chamberlain. Chamberlain has no fixed address.

A preliminary hearing is scheduled for Melton on Jan. 29.

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Law Intended to Confiscate Guns From Dangerous Individuals Goes Largely Unused

In January, the District of Columbia followed Maryland and 16 other states in adopting an Extreme Risk Protection Order (ERPO) law.

DC’s ERPO law, also known as the Red Flag Law, allows police to temporarily seize firearms and ammunition from individuals who are deemed to be a risk to themselves or others.

Petitions to remove firearms from the possession of a dangerous individual can be filed by family members, guardians, domestic partners, romantic partners or dates, parents of a child in common, roommates, police officers and mental health professionals.

Once the petition is filed it will be brought before a DC Superior Court judge who will decide if the person is in fact a risk. If the judge does find the individual to be dangerous, an ERPO is granted. Both the person filing the complaint and the at risk individual will go before the judge to present evidence pertaining to their case.

With a judge’s approval, guns and ammunition can be confiscated from the subject of an ERPO for up to a year at which point a judge would need to renew the order or the weapons will be returned to the owner.

As of Jan. 15, there have been three requests to confiscate firearms from DC residents under the law, according to Leah Gurowitz, director of media and public relations at DC Superior Court and DC Court of Appeals.

ERPO requests include one, that occurred eight months after the law was passed. A Metropolitan Police Department officer filed an ERPO petition, requesting that guns be removed from the custody of a 45-year-old district resident. The officer filed the petition after officers observed the man’s behavior to be “odd and somewhat out of the ordinary” while he tried to register a .45 semi-automatic handgun at police headquarters, according to the document.

A Superior Court judge granted an Ex Parte ERPO, which are used in emergency situations and approved by a judge within a single business day. If a judge grants an Ex Parte ERPO, MPD officers can be sent to seize any guns or ammunition belonging to the at risk person before they are aware that an ERPO has been filed against them.

In these cases the subjects will have an opportunity to argue their case before the judge after the firearms have been confiscated.

The Ex Parte ERPO granted in this case included a request to temporarily seize the .45-caliber handgun the man attempted to register in addition to a .308 caliber rifle in his possession.

The ERPO cited two prior charges as well as a welfare incident report which indicated a “possible mental health condition,” and a suicide attempt which occurred in 2007.

In January of 2019, police found and confiscated a semi-automatic pistol from the trunk of his car outside of the Rice Building at George Washington University, sparking an investigation for unlawful transportation of a firearm which was never prosecuted.

One of the prior charges was for second-degree assault in Maryland.

The second charge for third-degree sexual assault which occured in Northwest Washington, DC in January of 2018. The suspect of the ERPO was arrested in connection with the assault but never prosecuted. The case was dismissed in August of 2018.

Another ERPO was filed on Sept. 22 by a psychiatrist at the Psychiatric Institute of Washington. The psychiatrist filed a petition to remove firearms from custody a man who was admitted to the institute in October. According to the complaint the man had a plan to provoke police into shooting him when he was admitted. While he was at the institute he reported to staff that he had access to a gun multiple times, according to the report which was filed in preparation for his release.

The man has “a history of borderline personality [disorder] with chronic cutting behavior,” and attempted to harm himself using plastic utensils and broken glass multiple times while at the institute, according to the psychiatrist’s complaint.

“The patent threatened staff, been urinated on the floor, and thrown items at the staff,” according to the complaint. “He actively provokes other patients to become aggressive.”

A judge granted an Ex Parte ERPO the same day the complaint was filed and granted a final ERPO on Sept. 22. However, as of Dec. 12 no guns were actually confiscated in this case and according to MPD the subject of the second ERPO “was not known to actually have any.”

The methods used for collecting firearms and ammunition after a judge grants an ERPO depend on the circumstances of the case, Metropolitan Police told D.C. Witness.

“Ideally, we first seek voluntary compliance with any service of an ERPO and if that is not provided we will use legal tools to assist with collecting firearms and ammunition,” said Public Affairs Specialist for MPD, Brianna Jordan. “ MPD will follow all legal processes to recover any known firearms as part of an ERPO and investigate as to where those firearms are located.”

In accordance with a long standing DC law, if an individual willingly surrendered firearms they cannot be prosecuted for possessing them, even if the firearms were illegally obtained.

According to MPD, the subject of an ERPO won’t be allowed to legally register a firearm while the ERPO is in place. But, MPD officers “cannot specifically prevent an individual from obtaining an illegal gun.”

According to the Office of the Attorney General of the District of Columbia, if a gun is willingly surrendered the person in possession of it won’t be prosecuted because the goal is to get the gun out of circulation. However, if the firearm is linked to any criminal activity willingly surrendering the weapon does nothing to prevent prosecution of those other crimes.

Outside of no longer being able to legally register for a gun, being the subject of an ERPO has no legal consequences and cannot count against an individual in any way should they be suspected of or tried for any future crimes, including weapons charges, according to the Office of the Attorney General.

Siena Rush wrote this story.

Judge Expects Trial to Begin This Week

Jury selection began on Jan. 14 for a murder trial that is expected to begin opening statements later in the week.

DC Superior Court Judge Todd Edelman told the parties that he expected trial to begin on Jan. 16 because the defense wanted to go over more discovery materials that was given to them over the weekend.

The parties spent the day picking jurors for the trial and asked them to report back on Thursday.

Tibbs was initially charged with second-degree murder while armed.

Cinquan Cartledge is also charged with first-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction.

In March of 2019, Cartledge’s motion to sever his case from Tibbs’ case was granted. D.C. Witness reported that Cartledge, 24, wanted to separate his trial from Tibbs, 26, so he could be a witness in Tibbs’ trial. Blume said Cartledge wanted to prove his friend’s innocence.

Tibbs wanted to also testify to Cartledge’s innocence.

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

Cartledge’s jury trial is scheduled to begin on May 4.

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