Prosecution and Defense Argue Over Using Instagram Photos As Evidence

During a trial readiness hearing on Feb. 20, the defense and prosecution argued over whether or not to allow photos that were posted on social media by the defendant in trial.

Dajuan Jones, 19, is charged with first-degree murder while armed for the alleged shooting of 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 prior felony, possession of an unregistered firearm and unlawful possession of ammunition.

Prescott Loveland, one of Jones’ two defense attorneys, argued that the judge should not allow the prosecution to use photos that Jones posted on social media days before the crime in court. The photos were not entirely described but involve Jones in possession of a gun.

Loveland said that there is no way to identify that gun in the photo as the gun used in the crime. He also said it is not uncommon to post old photos on social media, and that Jones posting it days before the crime does not mean that is when it was taken.

“We live in a world where lots of kids are posting photos of guns but that doesn’t mean that they shot someone,” he said.

The prosecution said there is an expert witness who could testify that the gun posted on Jones’ Instagram account is consistent with the type of gun that could shoot the type of bullets found at the crime scene.

DC Superior Court Judge Neal Kravitz has not yet ruled on whether or not the photos will be admitted into evidence.

The hearing is scheduled to continue on Feb. 24.

Defense Discovers Inconsistent Witness Statements During Cross Examination

An interview with a Metropolitan Police Department detective revealed inconsistent statements said by someone who claimed to be a witness to a homicide.

Gregory Washington is charged with first-degree murder while armed for allegedly shooting Alie Labay on the 900 block of 21st Street, NE on Oct. 24, 2019. Washington, 30, had gone to his ex-wife’s house, where he confronted her new boyfriend, Labay, 32, got in a physical dispute, and then shot him three times. Labay was transported to an area hospital where, despite all life-saving efforts, he succumbed to his injuries.

During cross-examination with a lead detective, the defense pointed out that one of the witnesses involved shared contradicting statements about the events that took place on the night of the homicide.

The witness initially said the defendant was fleeing the scene with a gun. But, later shared with another witness over the phone that the defendant had been wearing a hooded sweatshirt and a gun was not seen.

The witness also said that in contradiction to what was told to police, the witness was in their room, high. However, the witness also asserted that the witness fled to their room after the physical altercation started.

DC Superior Court Judge Anita Josey-Herring concluded that there is substantial probability of a conviction due to the evidence provided and the strength of the witness statement., She said, for the time being, that Washington is a threat to the community and will therefore remain in custody for the grand jury to evaluate the circumstances.

Washington has several previous convictions, including firearm possession one in 2008 and carjacking in 2014. Both crimes took place in Maryland.

Judge Josey-Herring scheduled a status hearing on April 17.

This article was written by Noa Donvan

‘Stay on the Right Path,’ Judge Says

A DC Superior Court judge encouraged a murder defendant to change his life around during the defendant’s sentencing on Feb. 21.

Jose Luzunaris pleaded guilty to voluntary manslaughter for stabbing 56-year-old Gregory Monroe on Feb 3, 2018, at the Judiciary House Apartments on the 400 block of H Street, NW. Luzunaris, 54, was indicted on first-degree murder while armed with offenses committed during release, possession of drug paraphernalia with offenses committed during release and possession of drug paraphernalia.

Judge Craig Iscoe told Luzunaris that he was, “very happy” the defendant had been in contact with his family, who are from Puerto Rico. Judge Iscoe also acknowledged that the contact was a positive step for Luzunaris, who had shown a history of being able to stay away from crime.

The prosecution and defense agreed that Luzunaris should serve six years for the murder under his plea agreement because he took responsibility for the murder very early.

There were no victim impact statements. The prosecution said Monroe’s family had recently lost another family member and could not contribute statements.

Defense attorney Matthew Davies said the sentence was appropriate for Luzunaris because he already had pending matters in Virginia that would cause him to serve additional time in prison.

As a result of Luzunaris plea agreement his other pending charges in DC were subsequently dropped.

Luzunaris will also serve five years of supervised release after his prison term.

Parties Wait on Indictment Reading to Move Forward with Trial

A DC Superior Court judge will wait until an indictment is handed down to begin trial.

Rakeem Willis, 28, is charged with first-degree murder while armed for allegedly shooting Sean Shuler, a resident of Capitol Heights, Md., Javon Abney, a resident of Southeast, DC, and Tyrik Hagood, a resident of Northeast, DC, on the 1500 block of Fort Davis Place, SE on June 12, 2019. Shuler, 26, Abney, 26, and Hagood, 24, all displayed no signs of life when found at the scene.

According to the prosecution, the grand jury is supposed to indict Willis by the March 12 deadline.

Defense attorney, Kevin Irving, said he decided to continue with the case in order to allow additional time for evidence to be provided by the prosecution.

An arraignment date is scheduled to occur on Aug. 14, with the intent of later scheduling a status hearing in September of 2020. If the status hearing is rescheduled then the trial readiness hearing and the trial would also be rescheduled.

This article was written by Noa Donvan

Murder Defendant Rejects Plea Deal

During a preliminary hearing on Dec. 21, a murder defendant rejected a plea deal.

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.

DC Superior Court Judge Juliet J. McKenna asked counsel whether a plea was being negotiated or had been offered. Smith’s defense attorney, Madalyn R Harvey, said that a plea deal had been offered.

The plea offer was that if Smith pleaded guilty to second-degree murder while armed and unlawful possession of a firearm, the prosecution would not pursue first-degree murder or other related charges.

Smith rejected the plea deal.

The parties also discussed unaccessible evidence.

Harvey said the defense had not been given access to body worn cameras from the Metropolitan Police Department (MPD).

The prosecution said he did not want to impede the MPD investigation, and that he also did not have access to it. The prosecutor said he would try to get access to the video footage. He said that, if he got access, he share it with the defense.

The prosecution also told counsel that as the plea offer was a preliminary one, it would be the most generous one Smith would be offered.

A witness testified about evidence located at the crime scene and in the state Galloway was found in.

The hearing was cut short before the defense had time to cross-examine the witness due to scheduling and time-constraints.

Judge McKenna told the defense that the hearing would reconvene to allow the defense to complete their cross-examination.

Smith is scheduled for continued preliminary hearing on Feb. 26.

This article was written by Lea Gianasso.

Document Homicide in Fairlawn

The Metropolitan Police Department is investigating a homicide that occurred on the 1600 block of 18th Street, SE.

According to a press release, officers found 37-year-old Bryan Tate Jr., inside a residence, suffering from gunshot wounds on Feb. 20 . He was pronounced dead at a local hospital.

The department is currently 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 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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Family Members Ask for Harsher Sentence for Double Homicide

A judge allowed family members of two victims to speak at a sentencing, pleading for greater punishment for a murder defendant.

Davon Payton, who is also known as Davon Raynard Peyton, pleaded guilty to two counts of second-degree murder, attempt to commit robbery while armed, and arson in an unrelated incident. On Oct. 9, 2019, Payton, 30, allegedly shot 24-year-old Devon Miller and 27 year-old Lekelefac Fonge at the 1600 block of Rosedale Street, NE. Miller and Fonge were pronounced dead on the scene.

DC Superior Court Judge Craig Iscoe opened the sentencing by asking for victim impact statements from friends and family of the decedent.

D.C. Witness previously reported that a courthouse brawl occurred between the families of the victims and the defendant at a previous preliminary hearing. DC Superior Court Judge Craig Iscoe saw to it that the families remained separate in the courtroom.

“All I can say was that my nephew was innocent, and they were doing nothing to the person that came into my mother’s house and just totally took their lives for nothing,” the an aunt of one of the victim’s said. “For me, I feel like he needs life, for two people, he didn’t just kill one person.”

Marshals had to step in to escort a member from the courtroom who became vocal and shouted profanities. He was sitting with the defendant’s family.

“It was not easy for the family back home, receiving him in a box,” one of the family members said. “Someone whose human goals were all about human kind. I pray that nobody in your family, not even you, should go through that,” the family member told Payton.

While attorney, Jeffrey D. Stein, who was standing in for Payton’s defense attorney Judith Pipe, was speaking on the defendant’s behalf, Payton stood up and walked toward the door where the holding cells are located. The Marshals followed him and after a brief moment, Payton was brought back to the courtroom.

“I apologize for what you all are going through, I can’t change anything. I take responsibility,” Payton’s stepfather told the judge and everyone who was present during the sentencing.

When discussing how the victim’s families displayed their emotions, Judge Iscoe said that he has presided over a lot of criminal cases, and he has never seen more raw emotion in a sentencing than this.

Judge Iscoe sentenced Payton to 24 years in prison for both counts of second-degree murder followed by five years of supervised release. He was also sentenced to 5 years in prison for attempt to commit robbery while armed and arson followed by three years of supervised release. Payton will serve the sentences concurrently and register as a gun offender.

The defense requested Payton be held in a New Jersey prison to retain proximity to his family.

Written by Wyatt Mullins and Corrine Simon

Case Dismissed: Parties Dispute Over Number of Gunshots

Editor’s note: The case against Kenneil Cole was dismissed on Feb. 1, 2023.

During a status hearing Feb. 20, the prosecution told a DC Superior Court judge that a medical examiner on the case will testify to 11 different gunshot wounds. But, the defense says there were only six shots.

Kenneil Cole, 26, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting his roommate, Keon Delonte Wallace, on the 2400 block of Skyland Place, SE. Cole, 24, who turned himself into the police, said he shot his roommate in self-defense after Wallace, 24, pulled a semi-automatic rifle on him.

Defense attorney James King told DC Superior Court Judge Neal E. Kravitz that a witness, who was at the scene of the crime said there were only six gunshots. King said the witness will testify.

The prosecution said the medical examiner, who conducted the autopsy, found 11 gunshot entry points on the victim.

The prosecution told the judge that the defense’s witness is not credible.

The prosecutor told the judge that the events of that night might have been shocking to the system. Therefore, the witness may not have heard correctly and may not be credible.

A continuation of the hearing is set for Feb. 21.

This article was written by Jailynn Caraballo.

Judge Grants Continuance So Defense can find Expert Witness

During a trial readiness hearing on Feb. 19, a judge granted the defense a continuance, giving them time to find an expert witness.

Robert Wilson Dean Jr, 61, is charged with first-degree murder while armed with a screwdriver for allegdely stabbing Tamiya White, 38, on March 31, 2018, on the 1000 block of Mount Olivet Road., NE.

John Armstrong, one of Dean’s two defense attorneys, asked DC Superior Court Judge Ronna Beck for a continuance to ensure they had enough time to find an expert witness to testify on Dean’s behalf.

“The defense has been perfectly diligent in trying to produce an expert on short notice,” Judge Beck said.

The witness the defense has found is an expert in Post Traumatic Stress Disorder (PTSD). He will testify to whether or not Dean was fully competent at the time of the crime, and if his mental health had any effect on his behavior.

Jury selection is scheduled for Nov. 2 and trial is set to begin on Nov. 3. Both parties anticipate a two-week long trial.

Prosecution Calls Victim’s Brother to Testify

During the third day of trial on Feb. 18, the brother of the victim was called to testify because there was no eye witness to the murder.

Herman Lee Cook, Jr., 49 , is charged with with second-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm. Cook is charged for allegedly shooting Donald Johnson Jr., 45, on the 5700 block of Georgia Avenue, NW.

According to defense attorney, William Buie, Johnson’s brother was only brought to the stand as a character witness, “Because they do not have any eye witnesses.”

The brother identified Cook in surveillance footage of the murder even after being question by Buie on if he had any doubts on if it were Cook or not.

“That’s him right there, that is the same man who is in the video” said the witness, gesturing toward Cook.

When asked if he could really determine whether or not the person in the video is Cook, the witness began to answer when he was cut off by the defense lawyer.

“Well you asked me a question and I’m going to finish answering that question,” the brother said. At this point the defense and the prosecution were both asked to approach the bench.

“Do you one hundred percent without a doubt know that this is Mr. Cook is the one shown in the video,” Johnson’s defense lawyer asked the witness.

Jury deliberations began on Feb. 20.

This article was written by Jailynn Caraballo.

Judge Sets Trial Date for Murder Defendant

During a status hearing on Feb.19, a DC Superior Court judge set a trial date for a murder defendant.

Tyree Irving, 22, is charged with first-degree murder while armed for allegedly shooting 22-year-old Davane Williams on Jan.15 on the 1200 block of North Capitol Street, NW.

Irving’s defense attorney, John Fowler, said that the prosecutor was in the process of pulling together grand jury transcripts. He said he asked the prosecutor to turn the transcripts over soon. Fowler also said the prosecutor sent him a list of evidence in the case in December, but he has not been able to finish researching the evidence.

The prosecutor let the judge know that there was a previous plea offer, but it was rejected by the defendant. He also said he conducted DNA testing and would probably utilize it in trial.

D.C Supreme Court Judge Anita Josey-Herring set a status hearing date for May 29 to see how both cases would like to proceed.

A trial date is set to occur on March 1, 2021.

This article was written by Naysha Carrasquillo.

Judge Considers Combining Defendants’ Homicide Cases

A DC Superior Court judge is considering conjoining two defendant’s cases into one.

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.

DeJon Ford is charged with kidnapping while armed and carrying a pistol without a license outside a home or a business in connection with the homicide case.

According to court documents, Carey was Ford’s longtime girlfriend.

After Posey shot Carey at a gas station, documents state that Ford drove off in a witnesses’ car that Carey was in. Her children were in the back.

Apparently, Ford took the children to Carey’s mother’s house because he said he didn’t want the children to see Carey bleeding from her head, according to the documents.

Ford said he took the gun away from Posey after she allegedly shot Carey. He told officers from the Metropolitan Police Department that he didn’t realize he still had the gun with him when he dropped off with the children.

Ford and Posey’s attorneys asked the judge to not join the cases.

Posey’s attorneys Bernadette Armand and Kevann Gardner also requested that she be released under 24-hour home confinement and that the prosecution offers her a plea deal.

On Feb. 20, Judge Anita Josey-Herring said that she would make a decision on joining the cases after Ford’s preliminary hearing, which is scheduled on March 3.

She also denied the Posey’s request for release for the second time. The prosecution also declined to offer Posey a plea deal.

A status hearing for Posey is scheduled to occur on March 19.

Murder Defendant Decides Not To Test Evidence

A juvenile murder defendant decided to waive his rights to independently test evidence.

Malik Holston, 17, is charged with first-degree murder while armed which was especially heinous, atocious or cruel committed against a witness to a criminal investigation or judicial proceeding, for his alleged role in the shooting of Gerald Watson, 15, on Dec. 13, 2018, on the 2900 block of Knox Place., SE. Holston is also charged with possession of a firearm during a crime of violence and carrying a pistol without a license.

As previously reported by D.C. Witness, Holston’s attorneys, Anthony W. Matthews and Nathaniel Mensah, said the defense wanted to conduct independent testing of the evidence.

However, during a trial readiness hearing on Feb. 19, the defense told DC Superior Court Judge Danya A. Dayson that Holston changed his mind.

The defense also told Judge Dayson that a release request would be submitted at the next hearing on the grounds that the previous judge on the case, DC SUperior Court Judge Milton C. Lee, found probable cause and not substantial probability.

The prosecutor said he would counter the release motions at the next hearing.

Holston was 16 at the time of his arrest. He is being charged as an adult.

Holston is scheduled for another trial readiness hearing on June 22.

This article was written by Lea Gianasso.

Man on Trial for Murder Declines Right To Testify

On Feb. 18, a murder defendant decided that he did not want to testify.

Herman Lee Cook, Jr., 49 , is charged with second-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm. The charges are in connection with the alleged shooting of Donald Johnson Jr., 45, on the 5700 block of Georgia Avenue, NW.

Just before the prosecution and the defense gave their closing statements, defense attorney William Buie said that he and his client still needed to discuss that matter and requested time over the lunch break to discuss.

After lunch, Buie said that Cook decided that he did not want to testify.

The prosecution’s closing statements continued as planned.

During the prosecution’s opening statements, the prosecutor said there was a clear video of exactly what happened. Earlier in the trial, video surveillance footage show Cook walking to Johnson’s car. There is commotion and Cook is seen walking away from a figure on the ground. “Use your common sense in this case,” the prosecutor told the jury.

However, Buie said the footage the prosecution had been showing is incredibly blurry. “I can barely see anything in this video, how can they be so sure that’s my client,” he said.

“There were a lot of witnesses that didn’t say too much of anything,” Buie continued. He said the prosecution’s witnesses and evidence still do not prove his client is guilty.

The jury began deliberations on Feb. 20.

This article was written by Jailynn Caraballo.

Document: Arrest Made in U Street Homicide

On Feb. 19, officers from the Metropolitan Police Department arrested a 35-year-old man in connection to a homicide that occurred off of the U Street Corridor of Washington, DC.

According to a press release, Reginald Hooks a resident of Northeast, DC was charged, with second-degree murder while armed for allegedly shooting 22-year-old Dy’Mani Priestley on the 1200 block of U Street, NW on Jan. 5, 2020.

Priestley, who was a resident of Hyattsville, MD died at a local hospital.

The Metropolitan Police Department currently offers a reward of up to $25,000 to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for any homicide committed in the District of Columbia. Anyone with information about this case is asked to call the police at 202-727-9099. Additionally, anonymous information may be submitted to the department’s TEXT TIP LINE by sending a text message to 50411.

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