Prosecution Is Not Giving All of the Evidence, Says Murder Defendant’s Attorney

Prior to a preliminary hearing, a defense attorney said the prosecution had not given all the evidence needed for a murder case.

Melvin Simmons is charged with first-degree murder while armed with a firearm for the shooting of 28-year-old Ronald Brown on the 3400 block of 18^th Street, SE on Aug. 22.

Simmons defense attorney, Ieshaah Murphy, told DC Superior Court Judge Craig Iscoe that the prosecution had not turned over all of the evidence, including the full surveillance video and the multiple 9-1-1 calls made by residents in the area.

Murphy said that multiple people gave descriptions to police of who the shooter is. Those descriptions may or may not be accurate of Simmons, but she said she would need those calls to find out.

She also said that the surveillance footage was grainy and it was hard to identify people within the footage but that she would be happy to sign a protective order for it.

Murphy also said that it was hard for her to prepare for the preliminary hearing because she did not have access to the evidence. She also said the prosecution was using this evidence as part of the arrest warrant affidavit and therefore believed she deserved access.

The prosecution said they provided stills of the videos showing someone, who they believe is Simmons, walking around the area of the murder.

Judge Iscoe found that there was probable cause that Simmons committed the murder and also ordered the prosecution to turn over all evidence available to them, including the full surveillance footage and the 9-1-1 calls with the descriptions.

A felony status conference is scheduled to occur on Jan. 17, 2020.

Simmons is being held without bail.

Jaylin Hawkins wrote this article.

3 Murder Defendants Agree to Plead Guilty

During a status hearing Dec. 17, three murder defendants pleaded guilty to killing a man in 2016.

Marcus Martin, Marc Butler and William Cunningham are charged with felony murder while armed, assault with intent to kill, conspiracy, attempted robbery and firearms offenses, for their alleged roles in the shooting death of 19-year-old Derryk Johnson on the 600 block of N Street, NW in 2016. It is believed the men murdered Johnson during a robbery.

All three defendants pleaded guilty to voluntary manslaughter and assault with intent to kill. Defendant Martin also pleaded guilty to possession of PCP, a hallucinogenic drug, with the intent to distribute.

DC Superior Court Judge Craig Iscoe accepted each defendant’s guilty plea.

Sentencing for all three defendants is scheduled to occur on March 6, 2020.

Jaylin Hawkins wrote this story.

Judge Sentences Murder Defendant Despite Attempt at a Delay

A DC Superior Court judge sentenced a murder defendant on Dec. 17, despite a last minute effort to have his sentence delayed.

Kenneth Adams was found guilty of first-degree murder while armed, obstruction of justice and other firearms offenses for allegedly shooting 21-year-old Dante “Te” Kinard on the 1800 block of Benning Road, NE in 2016.

Judge Judith Bartnoff sentenced Adams to 32 years in prison, which was two years more than Adam’s defense attorney, Nikki Lotze, requested. It was five years less than the prosecution’s request.

Lotze said Adams deserved a second chance at life because of his tough upbringing.

Adams, 21, tried to delay the sentencing by filing a motion to delay and asking Judge Bartnoff for a new attorney. Adams told the judge, at the bench, why he wanted to replace Lotze.

However, despite his request, Judge Bartnoff continued with the sentencing as scheduled. She said the case had gone on too long.

The prosecution said it would be unfair to delay the sentencing because Kinard’s family had been waiting for almost four years for justice.

Once the sentencing proceeded, members Kinard’s family told the judge how life had been hard for the entire family since Kinard’s death.

“Do you know what it’s like to have to be so strong for your family that you go in and identify your brother’s dead body because no one else can,” said Kinard’s sister.

Adams said he was sorry for what happened to Kinard, but he was maintaining his innocence and that he did not carry out the shooting.

Jaylin Hawkins wrote this story.

Judge Continues 3 Defendants Hearing For Global Plea Deal

A three co-defendant murder case was continued in order to finish details on a potential global plea deal.

DC Superior Court Judge Craig Iscoe continued the status hearing by one day in order for the prosecution to finish and extend a global plea deal to all three defendants. The deal will only be accepted if all three defendants agree to the terms.

The hearing is scheduled to continue on Dec. 17 where a formal plea offer is expected to be placed on the record.

Recording an Interview is an ‘Invasion of Privacy,’ Says Murder Defendant

A murder defendant said recording a mental observation interview would be an “invasion of his privacy” during a status hearing, Dec. 16.

Daryl Thompson, who is also known as Darryl Tomkins, is charged with first-degree murder while armed, assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside of a home or business, obstructing justice and threat to kidnap or injure a person for his alleged involvement in the deaths of Edward Roberts Jr. and Tyler McEachern. Roberts, 29, was killed on the 3500 block of 14th Street, NW on July 30, 2016. McEarchern, 23, was killed on the 3100 block of Beuna Vista Terrace, SE on Aug. 29, 2016.

Thompson said that he previously refused DC Superior Court Judge Craig Iscoe‘s order to complete a mental competency exam because he felt as though the psychologists were “twisting his words to make him sound worse.”

He also said he was opposed to recording his competency exam interviews, which his attorney, Dana Page, suggested. Thompson said he felt it was an invasion of his privacy to disclose information.

Judge Iscoe told Thompson that not completing the exam meant that the medical professional’s previous finding of incompetency would stand and Thompson may end up staying in St. Elizabeth’s Hospital, DC’s psychiatric hospital, longer.

Thompson agreed to another exam that would not be recorded.

A status hearing is scheduled to occur on Jan. 3, 2020.

Judge Continues Status Hearing for Potential Plea Deal

A DC Superior Court Judge continued a status hearing for counsel to discuss a potential plea negotiation. Bernard Coleman III, 26, is charged with first-degree murder while armed, burglary, robbery while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior crime of violence for allegedly shooting his father, Bernard Coleman Jr., 43. The shooting occurred on the 4000 block of Cole Boulevard on March 17, 2017. Judge Craig Iscoe continued the hearing by one day after Coleman’s defense attorney, Dominique Winters, said that the parties were very close to a global plea deal and needed to work out a few details. The hearing is scheduled to continue on Dec. 17.

Document: Police Investigate Homicide in Brookland

The Metropolitan Police Department is investigating a homicide that occurred on the 1000 block of Rhode Island Avenue, NE.

According to a press release, officer found 19 year-old Daquan Hankins, a resident of Northeast, DC, suffering from multiple gunshot wounds. He was taken to an area hospital where he was pronounced dead.

The department is offering up to a $25,000 reward for information that leads to an arrest and conviction in this case or any other homicide case in Washington, DC. Anyone with information is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

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Victim’s Family Walks Out During Sentencing

On Dec. 12, a victim’s family walked out of court as a DC Superior Court judge was handing down sentences to two murder defendants.

Robert Washington and Derrick Hart plead guilty to voluntary manslaughter while armed for their role in the shooting of 22-year-old Maleak Coffin on the 2900 block of Martin Luther King Jr Avenue, SE in 2017.

As Judge Todd Edelman began to give his orders for sentencing, family members of Coffin including his mother and sister walked out of the courtroom crying.

The family began to file out of the courtroom as Judge Edelman said that he was sentencing both Washington and Hart under the Youth Rehabilitation Act (YRA), which will not hinder either man’s ability to gain employment or other things that require a criminal history check, unless searched by law enforcement, because of their convictions.

During the proceeding, three of Coffin’s family members spoke in front of the judge and the families of Washington, 22 and Hart, 24.

Coffin’s mother said that she knew that Coffin was a fighter since the day he was born and was especially worried about him throughout his life because “he came in fighting for his life so I knew everyday he would have to fight to stay alive.”

Coffin’s grandfather apologized to the court for missing several court proceedings but also thanked the judge and the Metropolitan Police Department for prosecuting the two men.

“These men could have walked away that day, but they didn’t and ultimately they thought they were the judge, the jury and the legal executioner. One day however, they will have to stand before the universe judge for what they have done,” said Coffin’s grandfather.

The prosecution said the offense was unnecessary and said that, “the braisonness of the offense, the fact that they left, made a u-turn and continued shooting into the car is why they deserved such a harsh allocution.”

She said, according to the medical exam, there was only one fatal shot to the head and she believed that shot came from Hart’s gun. She said that is why she wanted Hart to be sentenced to the maximum amount of time within the voluntary sentencing guidelines, which is twelve years.

She asked that the judge to sentence Washington to eight years in prison because even though she did not believe his bullets killed Coffin, she said he should still be held responsible.

Jonathan Zucker, who is the defense attorney for Hart, said that Hart was a good kid growing up and had finished high school. He said that Hart became a product of the environment he was around, stating that during 2017 the neighborhood Hart lived in had become a “cesspool” of shootings and murders and that is when Hart found it necessary to get a gun to protect himself.

He also said that Hart was a pillar in his family and they needed him in order to function again.

Washington’s defense counsel, Lisbeth Sapirstein, said that Washington was an important member of his family and every day he is remorseful for what happened and wishes he could take it back.

Both Hart and Washington apologized to Coffin’s family.

Judge Edelman sentenced Hart to 14 years in prison followed by five years of supervised released. Since Hart is sentenced under the YRA he must also complete 90 hours of community service upon is release.

Washington received seven and a half years in prison followed by five years of supervised release and 90 hours of community service once he is released. Judge Edelman also required Washington to get his GED or high school diploma while incarcerated.

DNA Evidence is ‘Extensive and Cannot be Expedited,’ Prosecutor Says

A prosecutor said that the DNA evidence undergoing testing in a case against a man accused of stabbing a dog walker is “extensive and cannot be expedited.” The testing may delay court proceedings. Eliyas Aregahegne, 24, is charged with second-degree murder while armed for allegedly stabbing Margery Magill, 27, on the 400 block of Irving Street, NW on Aug. 27. Magill was stabbed multiple times in the neck, back, and shoulder while walking a dog. The murder has attracted international attention in the media. DNA testing will not be completed before March of 2020, according to the prosecutor. DC Superior Court Judge Ronna Beck tentatively scheduled Aregahegne for a felony status conference on March 16, 2020. Judge Beck said the status conference may be rescheduled if the prosecution does not have either an indictment or the results of the DNA testing by then. “The investigation is progressing and on track,” said the prosecutor. He gave no indication when he expects to secure and indictment. This story was written by Siena Rush

Prosecutor says He’s ‘Not Opposed’ to Further Plea Negotiations

A prosecutor in a murder trial told a judge that he is not opposed to further plea negotiations with a murder defendant.

Alton Rivers , 54, is charged with second-degree murder while armed for his alleged role in the death of 68-year-old Anthony Anderson on the 3600 block of 14th Street, NW on July 27, 2018.

The prosecutor said that even though previous plea negotiations have not turned into a guilty plea his office is still open to negotiations if the defense would like to talk.

He also said that he would be transitioning off the case but would pass along any pertinent information to his successor.

Defense counsel, Lisbeth Sapirstein, said she does not expect to “reopen that door,” but would like that option available if Alton would like it.

A status hearing is scheduled to occur on Jan. 17, 2020.

Defense Counsel Requests Case Dismissal

A murder defendant’s attorney asked a DC Superior Court judge to dismiss a case because the prosecution did not meet a deadline.

Roscoe Jones is charged with first-degree murder while armed for allegedly shooting Mark Mosley, 33. The shooting occurred on the 600 block of 46th Place, SE on Feb. 24, 2019.

Jones’ attorney, Mani Golzari, asked Judge Edelman to dismiss the case because the prosecution gave itself a deadline on Dec. 13 to gain an indictment and has not secured one.

“The prosecution essentially gave itself a deadline of today and we haven’t seen an indictment yet,” said Golzari.

Golzari said that if the judge is not willing to dismiss the case then he should released Jones on a nominal bond because he has another case that would compel him to show up to hearings.

Golzari also asked that the prosecution address witness issues and disclose the necessary documents.

“I haven’t received any information about this witness since the preliminary hearing. I need that information,” said Golzari.

The prosecution made representations at the bench as to why the indictment was delayed and also said that the nine-month period to gain an indictment ended in “early January 2020.”

Judge Edelman said that because of the representations the prosecutor made at the bench he still believes that they are working diligently on gaining an indictment and therefore denied the motion to dismiss.

He also said he would be willing to discuss terms of release after the indictment is secured because he believed “it would be a better suited discussion at that time, rather than now.”

A felony status conference is scheduled to occur on Jan, 3, 2020.

Document: Police Arrest MD Man for Murder

The Metropolitan Police Department arrested a Maryland resident Dec. 13 for his involvement in a homicide that occurred in Northeast, DC.

According to a press release, 39 year-old Paul William Daniel is charged with second-degree murder while armed for allegedly shooting 59 year-old Kevin Jerome Harrison on the 4100 block of Hayes Street, NE on Jan. 26.

Harrison died on the scene.

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Document: Police Arrest 2nd Suspect in 30th Street, SE Shooting

The Metropolitan Police Department arrested another suspect Dec. 12 in connection to a fatal shooting that occurred on the 3000 block of 30^th Street, SE.

According to a press release, 25 year-old Terell Kevonte Blackman and 25-year-old Devin Hill are charged with first-degree murder while armed. Hill is also charged with assault with a dangerous weapon for their involvement in the death of 28 year-old Michael Cunningham.

Blackman is scheduled for a preliminary hearing on Dec. 20. Hill is scheduled for a preliminary hearing Jan. 10.

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Judge Orders Defense to Return Shell Casings to Prosecution

At the request of a prosecutor, a DC Superior Court judge order a defense attorney to return 33 items of evidence, including 6 shell casings to the prosecution so that they could conduct more testing. Wilbert Whitaker, 70, is charged with first-degree murder while armed for allegedly shooting 30-year-old Leo Hackett on the 800 block of 21st Street, NE on May 2, 2016. A prosecutor said she filed an emergency petition for a transfer of evidence after defense attorney, Mani Golzari, failed to respond to three emails she sent requesting that the evidence be returned. Golzari said the prosecution failed to explain why the evidence needed to be returned in their emails, calling their behavior “cryptic. The defense has been in possession of the evidence for three months and it “doesn’t make sense” that testing is taking so long, according to the prosecutor. The prosecutor said she is only interested in testing the shell casings and that she did not anticipate conducting DNA testing. “If anything it would just be firearms testing,” said the prosecutor. Judge Todd Edelman said he was “not really that interested” in what happened with the transfer of evidence up until now but ordered that all 33 items be returned before Dec. 27. During the same hearing, the prosecution raised concerns that Golzari would seek a continuance for the trial which Judge Edelman scheduled to begin on Feb. 3, 2020. D.C. Witness previously reported that the prosecution raised similar concerns in October. Golzari said he still has no plans to seek a continence, despite having two other trials scheduled shortly before Whitaker’s trial is scheduled to begin.

Murder Defendant to be Indicted Within Six Months

During a felony status conference on Dec. 12, a prosecutor said she expects to indict a murder defendant before the nine month indictment deadline expires in June.

Kavon Young, 29, is charged with first-degree felony murder for allegedly shooting 66-year-old John Pernell on the 3000 block of Nelson Place, SE on July 3, 2010.

The prosecutor said she does not anticipate any delays and everything is proceeding as expected with the grand jury.

DC Superior Court Judge Todd Edelman scheduled another felony status conference for Young on March 13, 2020.

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