Prosecution Offers Murder Defendant Plea Deal

During a trial readiness hearing March 12, a prosecutor offered a plea deal to the defense.

Brain Davis is being charged with conspiracy and first-degree murder during with aggravating circumstances for allegedly murdering Mawuli Kocuvie on the 1700 Block of Benning Rd., NE, on Oct. 29, 2017. The cause of death was determined to be asphyxiation. Davis was indicted for the murder before he was arrested.

The prosecution sent an email to the defense the night before the hearing, outlining the plea deal. The details are yet to be confirmed but if Davis accepts the deal, he would be tried alone and not with his co-defendant, Samuel Davis.

Davis’ defense attorney, Erin Scialpi, said that she and Davis will discuss the plea deal and come up with a decision well before the rescheduled trial readiness hearing on May 1.

According to court documents, Davis choked the victim with assistance from another individual in a bedroom.

Davis’ co-defendant, was initially charged with first-degree murder while armed but, on July 13, 2018, he pleaded guilty to second-degree murder for his involvement in the homicide.

A sentencing date has not been scheduled for the co-defedant, according to DC courts. However, a status hearing is set to occur on May 8.

This article was written by Jailynn Caraballo.

Prosecution Not Able to See Medical Files, Defense Says

During a mental observation hearing on March 11, a defense attorney said that the prosecution is unable to see the private medical files of his client.

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. Randall said Jones attacked her. She also said Jones sexually assaulted her daughter.

Randall’s defense attorney, John Fowler, told the court that under DC law it is unlawful for the prosecutors to keep email files of Randall’s private medical information. “The prosecution is not entitled to it and are not able to see it,” Fowler said.

The prosecutor said that even though he still does have the emailed file, he was not intending to open it or to violate Randall’s rights by viewing the information.

“We emailed it to the court as soon as we saw it and have not opened it since,” he said.

DC Superior Court Judge Neal E. Kravitz told the prosecution to delete the medical records from their email inbox. “The prosecution is not trying to unnecessarily consume,” he said.

Another mental observation hearing is scheduled to occur on March 23.

This article was written by Jailynn Caraballo and MiriYam Judd.

Judge Raises Concern about DNA Consumption Issue

A judge voiced her concerns regarding DNA evidence testing.

Eliyas Aregahedne, 24, is charged with second-degree murder while armed for allegedly stabbing Margery Magill with a knife on the 400 block of Irving Street, NW, on Aug. 27, 2019.

DC Superior Court Judge Ronna Lee Beck said that there was a DNA consumption issue with the presumptive blood.

Judge Beck said t there could be possible consequences for the prosecution if they are not dutiful with how the DNA is preserved. She said that blood is different than touch DNA.

Judge Beck issued an order for the prosecution to provide the defense with information about any relevant DNA orders. She said the position needs a position to contest if the prosecution uses all of the available DNA material.

The prosecution said there was a lot of blood evidence, including three small samples.

Judge Beck advised the prosecution that she wants the lab to understand that if they are in a position to do so, they must try to preserve some of the blood so that the defense can test it if they choose to do so.

Defense counsel did not have anything to say.

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

‘Will the Court Object to Me and My Client Wearing Masks in the Courtroom,’ Defense Asks

During a preliminary hearing March 11, a defense attorney asked if it would be okay if he and his client wore masks in the courtroom after a witness came down with symptoms resembling those of the Coronavirus.

Juvon Julian Searles, 39, is charged with second-degree murder for allegedly shooting 46-year-old Paul Williams, Jr. on the 800 block of R Street, NW on July 24, 2018.

The prosecution was set to call a detective who worked the scene to testify. The detective, however, has recently come down with flu-like symptoms and a high fever.

His symptoms resemble those of COVID-19, a virus that was recently declared a pandemic by the World Health Organization.

While the prosecution said that the detective was feeling better and could testify, DC Superior Court Judge Neal Kravitz said “even though he apparently feels better today, it would be utterly irresponsible for me to have him come here today and interact with everyone in this courthouse.”

Judge Kravitz asked the prosecution if the detective has been monitoring his temperature, and they responded that they weren’t sure, but that he said he was feeling better.

He issued a one week continuance, and told the prosecution to confirm for the court that the detective has been taking his temperature and is fever-free for 72 hours prior to the hearing.

James King, Searles’ defense attorney, asked Judge Kravitz if he and his client could wear face masks when the detective testified.

The prosecution did not object and Judge Kravitz said it was okay.

A preliminary hearing has been scheduled for March 16.

This article was written by Jailynn Caraballo and MiriYam Judd.

Defense Plans on Filing Motion to Suppress

During a status hearing, a defense attorney said he was going to file a motion.

Kavonte Richardson, 26, is charged with robbery while armed, first-degree murder while armed, and carrying a dangerous weapon for allegedly stabbing Matthew Scott Rooker on the 600 block of 7th Street, NW, on May 23, 2018.

Richardson’s defense attorney, Mani Golzari, said that he was going to file a motion to suppress statements by March 13. Golzari said he anticipates two issues from the motion.

Golzari said he thinks there would be a legal issue with statements given to a detective. He said he is also not sure if the defense is intending to call a witness about Richardson’s mental health.

The mental health expert, if called, would comment about whether the statements Richardson told the police were voluntary and willful or if they were a product of mental illness.

The defense attorney said he would also supplement the motion with any information he would gather from the expert by March 20.

The prosecution has until March 25 to responsd to the defense’s motion.

Golzari also said that all the material for DNA testing has been sent out. He said that while the prosecution did provide a more detailed expert notice, the defense will be contacting the expert witnesses.

A status hearing is scheduled to occur on March 25.

‘The Victim Was Shot With 2 Different Firearms,’ Detective Says

During a preliminary hearing on March 10, a detective testified that two different bullets from two different weapons resulted in the death of a 19 year old.

Eugene Morgan, 26, and Martinez Raynor, 20, are charged with first-degree murder while armed for allegedly shooting 19-year-old Malik McCloud on the 3500 block of Wheeler Road, SE.

“One entered the back, I can not recall the other,” the detective said. “The bullets were tested and we found that the victim was shot with two different firearms.”

The interrogation of the detective spanned over two days, March 6 and March 10 with the prosecution using one full day for arguments and the defense using the other day to argue the case.

According to the detective, a witness spoke of watching tv at the time of the shooting. The witness said the sounds of the shots were louder than the television.

DC Superior Court Judge Danya Dayson found probable cause that the defendants could have committed the crime.

Judge Dayson also denied the defense’s motion to modify the defendants’ conditions of release. Morgan and Raynor are being held at DC Jail without bail.

A felony status conference is scheduled to occur on May 8 for Morgan and Raynor. A grand jury in the case has not be held as of March 10.

This article was written by Jailynn Caraballo.

Document: Homicide in Shipley Terrace

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 2200 block of Savannah Terrace, SE on March 9.

According to a press release, officers located 24-year-old Markiese Johnson, a resident of Southeast, DC, suffering from multiple gunshot wounds. He was pronounced dead at a local hospital.

The department is 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 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.

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Murder Defendant Competent to Stand Trial, Eval Says

After an evaluation at St. Elizabeth’s Hospital, Washington, DC’s psychiatric institution, a murder defendant was deemed competent to stand trial.

Bratrell Hawkins, 27, is charged with first-degree murder while armed for allegedly shooting Xavier Tate on the 1400 block fo 3rd Street, SW, on Jan. 5, 2019. He also faces a presentment charge of second-degree murder while armed.

DC Superior Court Judge Neal Kravitz said that Hawkins was found competent to stand trial following a March 5 mental exam that conducted at St. Elizabeth’s Hospital. Hawkins’ defense attorney, James King, contested the finding, informing the court that the defense would have independent testing done.

King’s motioned for Hawkins to remain at St. Elizabeth’s until independent testing was complete. Judge Kravitz granted the motion.

A another mental observation hearing is scheduled to occur on March 23.

Written by Wyatt Mullins

Defense Calls Murder Case ‘Flawed’

During closing statements March 9, defense counsel reiterated that the defendant was innocent, blaming a faulty investigation by the police for his arrest.

Dajuan Jones, 19, is charged with first-degree murder while armed for allegedly shooting 26-year-old Cheyenne Washington on the 4400 block of E Street, SE in July of 2018. Jones is also charged with possession of a firearm during a crime of violence, carrying a pistol without a license with a prior felony, possession of an unregistered firearm and unlawful possession of ammunition.

“They arrested and charged a witness to a crime because of a failed, flawed and flimsy investigation,” said David Knight, one of Jones’ two defense attorneys.

“No evidence here shows that Dajuan Jones even knew who Cheyenne Washington was,” Knight said, referencing that the prosecutions argument of the timing Jones got off a public transit bus was not enough evidence to convict.

Knight also addressed concerns about the eyewitness to the crime, who has repeatedly contradicted himself in his testimony.

“Unequivocally believing what he says would be comical,” DC Superior Court Judge Neal Kravitz told counsel on March 3.

On March 2, Prescott Loveland, Jones’ other defense attorney, told the jury that the witness described someone entirely different than the defendant.

“The eyewitness to this crime described the shooter as heavyset, about 200 pounds, and wearing light blue jeans. Dajuan Jones is slim and was wearing white pants,” Loveland said.

Then, during trial, the witness changed his initial description.

During the prosecution’s closing arguments, the prosecutor reviewed surveillance video one last time with the jury.

“When Cheyenne Washington pulled the cord to signal it was his stop to get off, Dajuan Jones stood up from his seat,” the prosecutor said. “When Cheyenne Washington didn’t move, Dajuan Jones sat back down. When Cheyenne Washington got off the bus, Dajuan Jones got off the bus.”

The prosecutor continued by reminding the jury of photos on Jones’ Instagram that were posted before the murder. In the photos Jones can be seen clutching a gun in his front pants pocket.

According to a firearms expert, who testified during trial, the gun found in Jones’ possession, a Rugar LCP, was determined to be capable of shooting the type of shell casings found at the scene of Washington’s murder.

“This case started and ended with Cheyenne Washington. He was a young man in his 20s who just wanted to walk home. And now he’s gone. And that’s because of the defendant,” the prosecutor said.

Jurors began deliberations on March 10. Jones was found not guilty on March 12.

Written by Wyatt Mullins and MiriYam Judd

February Homicides Decrease from January, Remain Unchanged from Year Before

D.C. Witness data shows that the total number of homicides in February decreased from January, but remain unchanged from a year ago.

According to D.C. Witness data, there were 11 homicides in February, a 27 percent decrease from the 15 homicides that were recorded in January.

A majority of the homicides occurred in Northwest, DC (4) and Northeast, DC (4). Three victims, who were residents in North DC, were also under the age of 18.

The juvenile victims include seventeen-year-old Wilfredo Torres and 16-year-old Jaime Zelaya on the 6000 block of 13 Street, NW on Feb. 23.

The young men were also found with an adult woman. All three suffered from gunshot wounds. The woman suffered from non-life threatening injuries. Police have not apprehended a suspect.

All but one homicides were gun-related. The one homicide that was not gun-related was of 11-month-old Makenzie Anderson, who died from trauma related injuries on Feb. 6. The homicide took place on the 1600 block of New York Avenue, NE. The case is still under investigation.

On Feb. 13, police arrested 20-year-old Jaykell Mason for allegedly shooting 29-year-old Terence Dantzler on the 700 block of 8th Street, NW earlier that same day.

The number of homicides in February 2020 was the same has the homicide count in February 2019.

Judge Needs More Time to Decide on New Trial

During a status hearing March 9, a judge said she would need at least 30 days to decide whether or not to grant the defense’s motion for a new trial.

Gary Proctor, 42, 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 possession of ammunition in connection to the murder of his cousin, Jerome Diggs, 47. The victim died on Jul. 27, 2015, on the 1300 block of First Street, SW in his home.

Betty Ballester, Proctor’s defense attorney, filed a motion with the court for a new trial for Proctor. The reason for the new court date was not disclosed during the hearing.

The prosecution filed an opposition to the motion.

DC Superior Court Judge Danya Dayson told counsel that she would make a decision on the motion within 30 days.

A sentencing date was scheduled for April 24, and Judge Dayson said that, depending on whether she grants or denies the motion, the sentencing could be converted to a status hearing.

This article was written by MiriYam Judd

Judge Sentences Co-Defendants to 8 Years

During a sentencing March 6, three co-defendants received eight years in prison.

Marcus Martin, 22, Marc Butler, 23, and William Cunningham, 32, are sentenced for voluntary manslaughter and assault with a dangerous weapon for their alleged roles in the shooting of 19-year-old Derryk Johnson on the 600 block of N Street, NW, on Aug.3, 2016.

The men were originally charged with felony murder while armed, assault with the intent to kill, conspiracy, attempted robbery and firearms offenses.

As previously covered by DC Witness, the three defendants pleaded guilty to voluntary manslaughter and assault with a dangerous weapon. Martin, Butler, and Cunningham were sentenced to 8 years in prison, followed by 5 years of supervised release.

The three have already served nearly half of their sentence since being arrested in 2016.

The prosecutor said the defendants acted together to do a senseless and brutal murder. She said that Johnson’s family was forever changed.

Johnson’s brothers found Johnson shot and bleeding on the ground, one held him while the other called 911. Their mother, who was so shocked by the murder, develped serious health problems and passed away a year later.

“The loss they caused is senseless and immeasurable,” said the prosecution.

Butler’s defense attorney, Dorsey Jones, said that his client ended up in this situation due to bad associations in life. He explained how Butler had ADHD, no father figure, and grew up in a crime ridden neighborhood, which contributed to his bad associations and decisions.

“But he’s still young enough to change his behaviour under the right supervision” said Jones.

Cunningham’s defense attorney, Kevin Mosley, instead, said that Cunningham was the oldest and fully accepted responsibility for his actions. He explained his client was sorry for his conduct, and keeps the victim’s family in his thoughts and prayers.

Martin’s defense attorney, Dana Page, asked the judge to sentence her client under the Youth Rehabilitation Act. She said Martin expressed remorse and wanted to take responsibility for his actions.

Page also said Martin had been the only one kept in solitary confinement for the past 4 years.

Martin said he was sorry for the crime, adding that “all I think about is my son” and “after prison I wish to be an engineer or go to culinary school”. He said he regretted his actions and pleaded to be given another chance, so that he could be a good role model for his son and make the right decisions.

DC Superior Court Judge Craig Iscoe sentenced the three defendants to 8 years, saying it was the appropriate sentence.

Judge Iscoe did impose Martin’s sentence under the Youth Rehabilitation Act.

“I’m giving you a chance, but only one chance” said Judge Iscoe.

This article was written by Lea Gianasso.

Witness Admits to Lying to Police

During her third day of testimony, a murder defendant’s ex-girlfriend admitted to lying to police for several hours while being interrogated.

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 shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017.

Everett’s ex-girlfriend told Hewitt’s defense attorney, Nikki Lotze, that she lied to police for the first three hours of her interview because she was, “trying to help herself and others.”

She said she lied because she wanted to protect everyone even though she and Everett broke up weeks prior.

“Even though we weren’t together, I still wanted to protect him. Once you have feelings they just don’t suddenly go away once you break up,” she said.

D.C. Witness previously reported that Everett, his ex-girlfriend and Hewitt contacted Heard in order to buy PCP, a hallucinatory drug, but the prosecution believes the group planned to rob Heard.

Her initial interview with police was played in court where MPD detectives asked her if there was a robbery planned. She told the detectives no for three hours until she admitted a robbery was part of the plan.

“I figured I should help myself out and be honest instead of digging myself into a deeper hole,” she said.

Case Acquitted: Judge Reschedules Murder Defendant’s Court Dates

This case has been acquitted.

A busy trial season leads to a judge rescheduling the dates of a murder defendant’s criminal proceedings.

Tony White, also known as Cedric Alexander, 47, is charged with first-degree murder while armed for allegedly shooting Daquan Hooks, a resident of Northeast, DC, on the 1900 block of 13th Street, SE on March 23, 2017. Hooks, 38, was found unconscious with a gunshot wound to the head. He was taken to an area hospital and succumbed to his injuries.

DC Superior Court Judge Ronna Beck arranged to reschedule both the status hearing and trial dates because she faces a busy trial season. Even though she planned for a status hearing on April 3, and subsequently a trial on June 1, both are subject to change.

Judge Orders Murder Defendant to Remain in Restorative Program

A murder defendant, who has been in a restorative program at St. Elizabeth’s hospital for three and a half years is ordered to continue treatment.

Brandon Byrd is charged with second-degree murder while armed for allegedly stabbing his father, Otis Byrd, 44, on the 100 block of Michigan Avenue, NW, on Aug. 10, 2016. Byrd, 24, had been ruled incompetent to stand trial, and has been a resident at the psychriatric institution.

During a mental observation hearing, Byrd’s lawyer, Craig Hickein, requested, on Byrd’s behalf, that he be remanded to jail so that he is no longer required to take medication. Byrd’s lawyer said, in a previous hearing, that Byrd did not like taking the medication because it made him feel sick.

Doctors at the hospital say Byrd has psychosis and schizophrenia, which makes it hard for him to engage in conversation and basic activities. The doctors said his mental state makes it hard for the defendant to understand the procedures of the court.

DC Superior Court Judge Ronna Beck said, despite Byrd’s requests, that experts said the defendant has made significant progress on the medication. She concluded that he should continue to be treated at St. Elizabeth’s and also receive cognitive behavioral therapy. She said he would have to continue to take medication, so that he can continue to make progress in attaining competence.

“Nobody’s disputing that he’s incompetent,” she explained.

Judge Beck scheduled a status hearing on July 10 to reevaluate the defendant’s progress.

Noa Donvan wrote this article.

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