Judge Denies Motion to Suppress Statements Given to Police

Editors Note: The defendant in this case has since been acquitted on all counts.

During a murder defendant’s motion hearing Feb. 26, a judge denied a motion to suppress statements given by the defendant to an officer of the Metropolitan Police Department (MPD).

Dewayne Shorter, 28, is charged with first-degree murder while armed, possession of a firearm, assault with intent to kill while armed, and unlawful possession of a firearm during a crime of violence for allegedly shooting 38-year-old Daniel Parker on the 2000 block of Fairlawn Ave., SE, in 2017.

Shorter’s defense attorney, Jon Norris, argued for suppression of statements given by Shorter to an arresting officer. DC Superior Court Judge Ronna Beck denied the motion to suppress testimony from the officer.

Judge Beck rescheduled the initial trial date due to ongoing DNA testing for the defense. The trial was originally scheduled to begin on March 2.

A trial readiness hearing is now slated to occur on March 2.

Opening statements are set to begin on March 3.

‘The Evidence is Seriously Problematic,’ Defense Says

During a preliminary hearing on Feb. 26, the defense argued that the evidence did not connect the defendant to the scene.

Diantre S Smith, 43, is charged with first-degree murder while armed for allegedly shooting Nyesha Lenea Galloway, 28, on Dec. 20, 2019, on the 400 block of 42nd Street., NE in December.

A Metropolitan Police Department detective revealed inconsistent time frames that connect Smith to the murder.

Smith’s attorney, Madalyn R. Harvey, explained that the timestamp of the video submitted by the prosecution and witness statements on the timeframe do not add up. The times show the window in which Smith allegedly committed the murder to be too narrow.

Harvey said the evidence the prosecution was relying on was weak and did not definitely connect Smith to the crime.

The defense also argued that since the prosecution had only proven probable cause, Smith should be granted release under home confinement. Harvey said Smith was not a danger to the community, adding that Smith has serious health issues and was recovering from multiple gunshot wounds.

He would receive better care at home than in prison, Harvey said.

The prosecution opposed the request for release.

The prosecutor said that Smith was both a danger to the community and a flight risk. Smith has priors with weapons and previously shot at law enforcement, the prosecution said.

DC Superior Court Judge Juliet J. McKenna denied the request for release. She said there were no combination of release that would ensure the safety of the community, or that Smith would return before the court.

Smith is scheduled for a felony status conference on May. 8.

This article was written by Lea Gianasso.

DNA Links Suspect in Potomac River Rapist Case

A detective said Feb. 27 that his findings are connected to a suspect in a 21-year-old homicide case.

Giles Warrick, 60, has been charged with first-degree murder and sexual assault for allegedly striking 29-year-old Christine Mirzayan in the head several times with a large rock in addition to raping her. During the evening hours on Aug. 1, 1998, Mirzayan was walking in the 3600 block of Canal Road, NW when Warrick allegedly approached her. Warrick allegedly physically and sexually assaulted Mirzayan. On Aug. 2, 1998, Mirzayan was found dead.

Officers gathered Warrick’s DNA in November 2019 when they first spoke to him. His DNA was a match to the DNA found on the scene of Mirzayan’s murder.

When officers searched Warrick’s home they recovered a letter written by Warrick for his fiance. In the letter, Warrick asked for forgiveness.

Officers also recovered a firearm in the kitchen that belonged to Warrick’s fiance. The detective testifying said that she said she normally kept the firearm in a bedroom, not in the kitchen.

The MPD detective said that the moving the gun and writing the letter were a consciousness of his guilt.

Apparently, another detective saw the lights turn on in Warrick’s South Carolina house at 2 a.m. on Nov. 13, 2019.

“The concern was that he was going to leave. He was going to go somewhere,” a MPD detective said during court.

The detective said officers took Warrick’s restless state as another indication of a consciousness of guilt.

DC Superior Court Judge Todd Edelman found probable cause in the case. Despite Warrick’s lack of recent criminal history, from 1979 to 1998, he had a repeated pattern of misconduct.

Judge Edelman ruled that Warrick was a present and future danger to the community and held without bail.

A felony status conference is scheduled to occur on May 8.

Jury Selection Begins for Deadly 2018 Shooting

During jury selection on Feb. 26, a DC Superior Court judge interviewed potential jurors on a murder case.

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.

During jury selection questions were asked pertaining to the jury’s view of the criminal justice system.

Some questions were standard, such as “How long have you lived in the DC area?”, “Do you know anyone who works for the courthouse or the DC Superior Courts?”.

Other questions were “Do you have any major feelings towards the criminal justice system?” “Do you have any opinions or feelings based on the nature of the crime?” and “Do you practice at all in criminal law?”

The prosecution’s case in this trial will include several police officers, according to counsel.

According to court documents, Washington, who died on the scene, suffered from multiple gunshots to his chest, upper right arm, left forearm and left thigh. Apparently, the shooting could have resulted from an argument the victim had with several individuals more than a week before he was murdered.

Trial is scheduled to begin on March 2.

This article was written by Jailynn Caraballo and MiriYam Judd.

Document: Traffic Fatality on the 2400 block of Alabama Avenue, SE

On Feb. 26 a pedestrian was killed in a traffic accident on the 2400 block of Alabama Avenue, SE.

a pedestrian was rolling in the roadway in the 2400 block of Alabama
Avenue, Southeast. While the pedestrian was in the roadway, a vehicle traveling in the left lane of the northbound lanes of travel ran over the pedestrian then fled the scene.

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

The decedent’s identity is being withheld pending next of kin notification.

This case remains under investigation.

Anyone who has knowledge of this incident should take no action but call police at (202) 727-9099 or text your tip to the Department’s TEXT TIP LINE at 50411. Crime Solvers of Washington, DC currently offers a reward of up to $1,000 to anyone who provides information that leads to the arrest and indictment of the person or persons responsible for a crime committed in the District of Columbia.

[documentcloud url=”http://www.documentcloud.org/documents/6788552-2-27-20-Traffic-Fatality-2400-Block-of-Alabama.html” responsive=true]

Judge Denies Prosecutors Request to Change Trial Date

During a hearing on Feb. 26, prosecutors asked for more time before trial commenced.

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 in 2017.

The prosecutors said that there was a possible scheduling issue with the trial dates and asked the judge to consider giving them more time since they have yet not chosen their jury. They also asked the judge to revisit a motion they had discussed at their previous meeting which was a 40-minute video call involving Everett.

The prosecutors also said they sent the defense an email summary showing what the parties have agreed to in regards to the agreement DNA testimony.

D.C Superior Court Judge Anita Josey-Herring denied the prosecutors request to change any trial dates since she would be unavailable on the dates they requested.

She continued by revisiting the previous motion and said that she accepted the defense’s objection when a video recording of Everett and a witness were presented due to an explicit conversation between them. Judge Josey-Herring then asked both defense attorneys if they had made the agreement with the prosecutors on what would be allowed in court.

Hewitt’s defense attorney, Nikki Lotze, did not have any issues or objections for the court.

Everett’s defense attorney, Michael Madden, also did not have any comments or updates for the court.

Jury selection is scheduled to begin on Feb. 27.

This article was written by Naysha Carrasquillo.

Murder Defendant Requests Counsel Change

During a status hearing on Feb. 25, a murder defendant asked for a change in counsel but was denied by a DC Superior Court judge.

Stephon Evans and Alonzo Brown are indicted with first-degree murder while armed, conspiracy to commit a crime of violence while armed, possession of a firearm during a crime of violence and assault with the intent to kill while armed charges for their alleged involvement in the death of 22-year-old Michael Taylor on the 1700 block of Benning Road, NE on Jan. 12. Naquel Henderson, and Tavist Alston are also charged with first-degree murder in relation to the homicide.

Evans’ defense lawyer, Joseph Caleb told DC Superior Court Judge Todd E. Edelman that his client would like to approach the bench.

“Mr. Evans has asked for a different defense counsel and since I see no reason for that I have denied his request,” Judge Edelman said.

A trial readiness hearing is set to occur on Oct. 23.

Trial is set to begin on Nov. 30.

This article was written by Jailynn Caraballo.

Judge Places Murder Defendant on Home Detention

A judge granted a defense attorney’s request for a murder defendant to be released during a preliminary hearing.

Kemonte Martin, 21, is charged with first-degree murder while armed for allegedly shooting Eric Mercer on the 4700 Block of Benning Road, SE on Nov. 22, 2019. Mercer succumbed to his injuries on Nov. 26, 2019.

DC Superior Court Judge Ronna Lee Beck granted the defense’s request for Martin to be released. Judge Beck ordered Martin to home detention with GPS monitoring. Martin will be released due to his lack of a record and Judge Beck did not see where Martin would be a threat to the community and its safety.

Martin will be allowed to leave his home only for medical exceptions, meetings with his attorney, and college visits.

Judge Beck found probable cause that Martin committed the offense and was on the scene. She failed to find substantial probability.

A felony status conference is scheduled to occur on May 8.

Murder Defendants Ask To Be Able To Interact While Incarcerated

During a status hearing on Feb. 25, murder defendants asked a DC Superior Court judge to allow them to see each other while incarcerated.

Antonio Upshaw, 31, and co-defendant Gabriel Brown, 33, are both charged with first-degree murder while armed for their alleged involvement in the murder of Tyrone Johnson, 24. The incident occurred on March 10, 2017, on the 2300 block of Pennsylvania Avenue, SE.

Brown’s Defense attorney, Kevin Irving, asked DC Superior Court Judge Todd E. Edelman if there was anyway to notify the guards that there is no current separation order against his client and Upshaw.

“The court hasn’t done anything,” Judge Edelman said. “I don’t know how much more I can do beyond that.”

A trial readiness hearing is scheduled to occur on May 8. A jury trial is slated to begin on June 1.

This article was written by Jailynn Caraballo.

Defense Drops Objection in Murder Case

During a trial readiness hearing on Feb. 25, the defense withdrew an objection to an expert witness’s testimony on the firearm used in the crime.

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.

The defense objected because they do not believe any expert can be 100 percent certain that all casings were fired from the same firearm. Their decision to withdraw their objection was purely strategic, said Prescott Loveland

“This is purely a strategic move,” he said. “We don’t want the trial to be held up, so we are choosing not to litigate that matter.”

The witness was set to testify that three .38 caliber casings found at the scene were all fired from the same firearm and that three .38 caliber casings recovered from the victim’s body were also fired from the same firearm.

Jury selection is set to occur on Feb. 26. Trial is scheduled to begin on March 2.

This article was written by MiriYam Judd

Judge Denies Motion for Bond in Murder Case

A judge denied a defense motion for a bond to be send for a murder defendant during a preliminary hearing.

Kemonte Martin, 21, is charged with first-degree murder while armed for the allegedly shooting 17-year-old Eric Mercer on the 4700 block of Benning Road, SE in November of 2019. Martin is a resident of Northeast, DC.

DC Superior Court Judge Ronna Beck temporarily denied the defense’s motion for bond as the preliminary hearing was still ongoing. Judge Beck said the motion would be reconsidered at the conclusion of the preliminary hearing, which she expects will end on Feb. 25.

Martin’s defense attorney, Jeffrey Stein, argued the possibility of bond would be significant given the impact on Martin’s immediate living situation.

The lead detective on the case identified Martin in court and testified on security camera footage that placed Martin at the crime scene.

The detective is slated to continue testimony on Feb. 25 when the preliminary hearing is scheduled to resume.

Judge Suspends Murder Defendant’s Sentence

A judge suspended a murder defendant’s sentence on Feb. 24.

Markel Ford, 20, was sentenced with negligent homicide for allegedly killing 51-year-old Sherron Pressley on the 1600 block of Kenilworth Avenue, NE with his car on Aug. 30, 2018. Both the victim and the suspect resided in Northeast DC at the time.

Ford was sentenced to a year and a half in prison for negligent homicide under the act. However, his sentence was suspended, and he was put on two years of probation and three years of supervised release. DC Superior Court Judge Todd Edelman sentenced Ford to the low end of the guidelines under the Youth Rehabilitation Act.

Judge Edelman did not order GPS monitoring for a murder defendant during a sentencing.

Defense Attorney, John Fowler, requested that Ford not be required to wear a GPS monitoring device. He also asked that Ford not be required to administer drug testing until further order from the court on Feb. 24.

Judge Edelman granted the request in part. He said Ford would not have to wear a GPS monitoring device without further order of the court due to the nature of the offense.

Judge Edelman said he will follow the case through the probation.

Ford originally fled the scene of the crime.

He was not arrested until Jan. 29, 2019, which was five months after the accident occurred. Ford accepted the prosecution’s plea, pleading guilty on Dec. 11, 2019.

“Let this be a wake up call for your life,” the victim’s brother said to Ford in regard to his actions. The victim’s family members were present during the sentencing.

A probation review hearing is scheduled to occur on May 29.

Judge Partially Accepts Jail Calls into Evidence

Counsel argued over pretrial motions to allow phone calls before DC Superior Court Judge Anita Josey-Herring.

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 in 2017.

The prosecution moved to enter two 15 minute jail calls in their entirety as well as a 40-minute video call that had a 37-page transcript. The prosecutor argued that the calls were necessary to prove that Everett attempted to obstruct justice by persuading a visitor to influence a key witness in the prosecution’s case.

Much of the evidence detailed the visitor and Everett’s relationship as a means to strengthen the argument that the visitor would be someone that Everett felt like he could convince to carry out the obstruction.

Defense attorney, Michael Madden, said the entirety of these recordings are not relevant to the case as well as some of the evidence being more prejudicial than probative.

Both attorneys and Judge Josey-Herring went through each line of the transcript, arguing objections as needed.

The jury trial is scheduled to begin on Feb. 26.

Murder Defendant Wants to Conduct DNA Testing on Evidence

During a status hearing on Feb 21, a murder defendant said he wanted to conduct DNA testing on evidence.

John McRae, 40, is charged with first-degree murder while armed, unlawful possession of a firearm during a crime of violence and possession of a firearm during a crime of violence. His co-defendant, 23-year-old Shaniah Davis, is charged with accessory after the fact. The defendants are charged in the shooting of 22-year-old Marty William McMillan on the 600 block of Martin Luther King Jr. Avenue, SE in 2017.

McRae’s defense attorneys, Russell Hairston and Randy McDonald, said McRae wanted to conduct independent DNA testing but has not decided on which items to test.

The defense also said they expect to have the list of items identified by the end of next week and will be turn the list over to the prosecutor.

Davis said her defense attorneys, Mary Kennedy and Keron Morris, advised her of her right to conduct independent DNA testing on the evidence. She said she decided that further testing was not necessary.

The prosecutor made all parties aware that he conducted DNA testing on all items discovered and the results have been turned over to defense counsel. He also said that he has made a request to receive McRaes’s jail phone calls and will also turn the calls over after he reviews them.

D.C Superior Court Judge Neal Kravitz asked the defense to complete DNA testing as soon as possible so that the trial date does not get pushed back.

A trial readiness hearing has been set for July 24. All expert notices are due on June 24 and motions are due by July 6.

Trial is set to begin on Sept 21.

This article was written by Naysha Carrasquillo.

Judge Re-schedules Murder Trial

During a status hearing, a DC Superior Court judge moved a jury trial date up despite the fact that both parties need time to go over evidence and decide if a murder defendant wanted to conduct DNA testing.

Stephon Evans, 19, is charged with first-degree murder while armed, and 19-year-old Kewon Hunter is charged with second-degree murder while armed for their alleged involvement in the shooting of 21-year-old Dion Boyd. The incident occurred on the 1400 block of Maryland Avenue, NE on July 30, 2018.

Evans’ defense attorney, Joseph Caleb, said Feb. 21 that additional discovery was received from the prosecutor. He requested additional time to allow Evans to make a determination as to whether he wants to conduct independent testing.

Hunter’s defense attorney, Howard McEachern, had no objection to Caleb’s continuance request.

The prosecutor also had no objections on the request from defense.

D.C Superior Court Judge Neal Kravitz granted the request from counsel and changed the date of the jury trial from March 22, 2021, to Jan. 21, 2021, in agreement with all parties. Judge Kravitz also said the trial is expected to last about three weeks.

A status hearing has been set to occur on March 27.

This article was written by Naysha Carrasquillo.

Search