Judge Weighs Carjacker’s Youth Versus Needed Punishment in Sentencing

DC Superior Court Chief Judge Milton C. Lee struck a balance between punishment and rehabilitation in passing sentence on June 6 for a young carjacking defendant who agreed to plead guilty.

Mikhail Ashby, 18, pleaded guilty to armed carjacking and possession of a firearm during a crime of violence for his alleged involvement in a carjacking on Sept. 21, 2024, at a parking lot on the 800 block of Southern Avenue, SE.

Prior to his sentence, defense attorney Lisbeth Sapirstein said that Ashby should be considered under the Youth Rehabilitation Act (YRA) as a result of no prior criminal activity. The YRA effectively seals a defendant’s record if he completes his sentence successfully.

She argued that the mandatory minimum of seven years for an unarmed carjacking should be reduced to three years, arguing this was more than enough time for a teen who was aware of his mistake.

Judge Lee challenged Sapirstein in this, citing an incident in Dec. 2024, where Ashby had been found sleeping with a loaded pistol, as evidence of wider criminal intent.

Ashby’s mother, sister and grandfather had come to see him at his sentence. Sapirstein told the judge that Ashby’s family was distraught and that they had been relying on him as a caretaker.

“Your honour can see his mom with tears in her eyes,” she said.

The prosecution highlighted Ashby’s active involvement in the incident and potential danger to the DC community. They played a surveillance video of the incident for the judge, showing Ashby and two others in masks pulling up to the vehicle and getting in the victim’s car.

Ashby later got out of the car as it was pulling away to rifle through the victim’s pockets.

“Mr. Ashby was not a hanger on,” said the prosecution.

The prosecutor conceded that Ashby committed no prior offences and pleaded guilty on the grounds oat the earliest point. They asked for the court to consider either the mandatory minimum of seven years or a sentence at the top of the lower end of the guidelines for the incident, whichever was higher.

When asked if he wanted to speak, Ashby produced a written statement expressing regret for his actions and hope that he could use education to learn a trade, either as an electrician or mechanic and put the incident behind him.

“I would like to rehabilitate myself in society. I want to be a successful young man,” he said.

Judge Lee said he was disappointed that Ashby found himself in the situation and sympathised with the pain his family was going through. He was wary of the damage that a long sentence might do for Ashby’s life at such a young age and said he wanted him to make a success of himself. However he was clear that he did not condone Ashby’s actions and that he needed to face the punishment.

“You will either meet it or you won’t,” said Lee, referring to the challenges Ashby now faced in improving his circumstances both in his time in prison and for the rest of his life.

He sentenced Ashby to 84 months prison time for the armed carjacking and 60 months for possession of a firearm during a crime of violence, suspending the execution of all but 40 months on both. As the charges were running concurrently this was a total of just over 3 years.

He also gave Ashby an additional three years supervised probation and required a contribution of $100 to the Victims of Violent Crimes Fund for each offense.

Ashby waved to his family as he left the court house following sentencing, with Sapirstein sharing in the family’s relief on the reduced sentence.

‘You’re on a Thin Line,’ Judge Warns Defendant Violating Probation

DC Superior Court Chief Judge Milton Lee admonished a defendant he must comply with all probation requirements during a hearing on June 12.

In June of 2023, Be’Shon Tyler, 23, pleaded guilty to attempted assault with a dangerous weapon for his involvement in a shooting that occurred on May 8, 2023 on the 100 block of Irvington Street, SW. In November of 2023, Tyler was sentenced to 24 months, with 12 months suspended.

According to court documents, Tyler shot at his children’s mother.

Tyler failed to appear at a probation show cause hearing on June 9, triggering a bench warrant.

During the hearing, his probation officer noted that the defendant has missed six domestic violence orientation classes. Tyler has also only completed eight out of his 90 hours of community service, with those eight hours being completed in March.

According to Tyler’s defense attorney, Peter Cooper, and his probation officer, it is absolutely necessary that Tyler finishes the rest of his community service hours in order to successfully complete his probation.
The probation officer did commend Tyler for getting his first identification card and actively searching for employment with a case manager. According to the officer, Tyler has maintained regular contact with his probation officer and has tested negative for drugs.

The prosecution concurred that Tyler be given one more chance to turn his situation around but that Tyler has been on notice since February.
The prosecution and Judge Lee warned Tyler he will face revocation if he fails to comply with probation orders.
“You’re on a thin line,” Judge Lee warned the defendant, later addressing him saying “you’re too old to be acting like this.” Judge Lee told Tyler to get himself back together and keep his word –– or else there will be severe consequences.

The next probation show cause hearing has been scheduled for July 28.

Shooting Defendant Considers Plea Deal

DC Superior Court Judge Jason Park presided over a status hearing as a shooting defendant was offered a plea deal on June 12.

Derrick Gladden, 54, is charged with assault with intent to kill while armed, aggravated assault knowingly while armed, two counts of possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction greater than a year, and unlawful possession of ammunition.

The charges stem from his alleged involvement in a non-fatal shooting that injured one individual on April 15, 2024 on the 2300 block of Marion Barry Avenue, SE. The victim sustained one gunshot wound to his upper chest.

According to court documents, Gladden allegedly confronted a neighbor about money he was owed and said, “You going to give me my money,” then allegedly shot the victim, and fled.

During the hearing, the prosecution offered a plea deal noting that if Gladden were to plead guilty to possession of a firearm and assault with intent to kill, they would drop all remaining charges and enhancements, which could otherwise result in a mandatory sentence of 15 years to life in prison.

Following the offer, Gladden conferred privately with his attorney, Alvin Thomas. Thomas requested additional time for Gladden to consider the proposed plea deal which Judge Park and the prosecution granted.

Parties are set to reconvene June 24.

Woman Accepts Plea Deal in Grandson’s Stabbing

At a hearing before DC Superior Court Judge Todd Edelman, a stabbing defendant accepted a plea deal extended by prosecutors on June 11.

Laverne Wright, 64, was originally charged with assault with a dangerous weapon and cruelty to children for her involvement in the stabbing of her nine-year-old grandson on April 2 on the 5200 block of Hayes Street, NE.

During the hearing, Adam Harris, Wright’s attorney, alerted Judge Edelman of her intent to accept a deal, which required her to plead guilty to attempted second-degree cruelty to children and attempted possession of a prohibited weapon in exchange for the prosecution not seeking an indictment.

Parties did not agree to a sentencing range, but through the deal, prosecutors prohibit Wright from withdrawing her guilty plea after a sentence has been imposed, despite its length.

Parties are slated to reconvene July 2.

rideshare carjacking defendant aquitted.

A carjacking defendant has been aquitted of all charges by a jury after she detailed her account of the incident during the trial on June 12 before DC Superior Court Judge Andrea Hertzfeld.

Taya Johnson, 26, was charged with armed carjacking, assault with a dangerous weapon, assault on a police officer, destruction of property over $1,000 and two counts of possession of a firearm during a crime of violence, for her alleged involvement in an incident that occurred on Jan. 16 at the intersection of 14th and V Streets, SE.

Johnson claimed she was protecting herself from a driver who was menacing her and her children.

According to court documents, Johnson allegedly took control of a rideshare driver’s vehicle after an altercation during which the driver tried to remove her from the car while her one and three-year old children were still inside the vehicle.

During her testimony, Johnson stated that after finishing work as a bus attendant, she ordered an Empower rideshare to pick up her son from daycare. She described how the vehicle that arrived looked different from the one displayed in the company’s app, and when she approached, the driver questioned her identity and initially kept the door locked. Once inside, Johnson said, the driver asked her to get off the phone. After an argument, the driver exited the car and allegedly attempted to pull her out.

Johnson stated she locked the doors and pulled out a knife to slash the car’s tires, claiming she feared for her safety and that the driver would leave with her children still in the car. As Johnson tried to slash the car’s tires, the driver started recording the scene with his phone and the video was presented as evidence by the prosecution.

Johnson alleged the driver swung at her which wasn’t captured on the mobile phone video. The video also recorded the driver’s calling her a menace to society.

She testified police arrived with guns drawn and ordered Johnson to show her hands. She didn’t show them right away as she was concerned for the safety of her children and held onto them.

The prosecution focused on Johnson’s possession of a knife that resembled a firearm, questioning her about whether she used the knife because it looked like a gun, or used it in ways that imitated how a person would handle a gun.

In closing statements, the prosecution emphasized inconsistencies between Johnson’s testimony and the video footage presented, and argued that her actions were motivated by anger rather than self-defense. They asked that the jury find Johnson guilty on all counts.

Defense attorney Andrew Clarke claimed the driver escalated the situation from the start and that the driver may have started recording because he was on probation and feared legal trouble. The defense said Johnson acted in self-defense when the driver attempted to pull her from the car and strike her.

Clarke argued that much of the driver’s testimony was either fabricated or illogical. Specifically he said that if Johnson really did have a gun, as the driver claimed, why would he take a swing at the Johnson and try to grab her keys rather than trying to get away. It also made no sense, according to Clarke, that the driver would start yelling about a gun only after he got a better look at the weapon which was, in fact, a knife.

The jury returned a verdict of not guilty on all counts.

Johnson had previously plead guilty to assault on a police officer during the same incident but that was not part of this trial.

Shooting Defendant Gets Retrial Based on Faulty DNA Test Kits

A defense attorney filed for dismissal of the remaining shooting charge and was granted a retrial in a case based on questionable DNA testing. The issue was raised in a hearing before DC Superior Court Judge Judith Pipe on June 12.

On April 30, Donnell Wells, 36, was acquitted of three counts of assault with a dangerous weapon, four counts of possession of a firearm during a crime of violence, two counts of aggravated assault knowingly while armed, possession of a firearm during a crime of violence while armed, and unlawful possession of a firearm with a prior conviction for his alleged involvement in a shooting on Aug. 1, 2024, on the 500 block of Newcomb Street, SE.

However, the jury convicted him of unlawful possession of a firearm with a prior conviction.

Brandon Burrell, who is representing Wells, asked for reconsideration based on prosecution evidence introduced from flawed DNA test kits but he commended the prosecution for making the disclosure.

While she didn’t think the prosecution didn’t act in bad faith, Judge Pipe did agree that the faulty DNA kits cast doubt on Wells’ guilty finding. Thus, she ruled the case could be reheard.

Burrell then argued for Wells release before the retrial on the grounds that his guilty verdict was for a relatively minor offense. He said that Wells would be trustworthy on home confinement.

The prosecution countered that given the charges, Wells’ release would endanger the community.

Ultimately, Judge Pipe decided that the nature of Wells’ prior offences and that Wells still had an active extradictable warrant for arrest mandated detention.

She has scheduled Wells’ retrial for July 15.

Defendant Pleads Guilty to Carjacking, Maintains Innocence

A defendant pleaded guilty to carjacking and unlawful possession of a firearm on June 9 before DC Superior Court Judge Robert Salerno.

Parren Hawkins, 33, was originally charged with unarmed carjacking and possession of a firearm during a crime of violence for his involvement in an incident that took place on Feb. 2 on the 300 block of 15th Street, NE.

During the hearing, Martin Rosendorf, Hawkins’ attorney, alerted Judge Salerno of his intent to accept an Aford plea, which means he maintains his innocence but agrees the prosecution has sufficient evidence to convict him of the crime at trial.

According to Rosendorf, the deal required him to plead guilty to unarmed carjacking and the unlawful possession of a firearm with a prior crime of violence, in exchange for the prosecution not seeking an indictment.

Through the deal, the prosecution agreed to cap their sentencing request to the bottom of the defendant’s guidelines based on his criminal history.

The prosecutor stated their evidence could have proved his guilt at trial, including the video of the incident where Hawkins approached the victim in the car with a handgun and told them to get out of the vehicle and to give Hawkins the victim’s phone and wallet. The prosecutor said police recovered a handgun, wallet and phone from Hawkins.

The prosecutor said the wallet and phone belonged to the victim. She stated for the record that Hawkins had a prior conviction of assault and gun charges.

Judge Salerno alerted Hawkins that he must register as a gun offender.

The parties are scheduled to reconvene to sentence Hawkins on Aug. 7.

Carjacking Defendant Requests Transfer From Jail For Treatment

A carjacking defendant requested DC Superior Judge Errol Arthur order his transfer from the DC Jail to the Central Treatment Facility (CTF) during a hearing on June 9.

Devon Rogers, 26, is charged with unarmed carjacking and a misdemeanor count of receiving stolen property for his alleged involvement in an armed carjacking incident that occurred at the 800 block of 7th Street, NW, on May 23.

According to court documents, multiple suspects grabbed victims out of their car and assaulted them by hitting them with guns, stealing their belongings and driving off in their car. In the hours that followed Metropolitan Police Department (MPD) officers found Rogers allegedly within arms reach of the open driver’s side door of the stolen car. He was stopped as multiple other suspects that were around the car got away. Rogers was allegedly in possession of a wallet containing identification of one of the victims of the carjacking.

During the hearing, Gregg Baron, Rogers’ attorney, requested Rogers be placed at CTF with stepped-won security, mentioning a concern for his physical health. Judge Arthur agreed to recommend the transfer. The specific health concerns are unclear.

The prosecution asked for another felony status conference to be scheduled in order to give them time to work on the case.

Parties are slated to reconvene June 16.

Defense Claims Victim Said, ‘How About I Kill You’ to Suspect Before Fatal Stabbing

The prosecution and defense disputed whether a defendant stabbed the victim in self-defense during a homicide trial before DC Superior Court Judge Todd Edelman on June 10.

Daniel Chapman, 37, is charged with second-degree murder while armed and carrying a dangerous weapon outside a home or business for his alleged involvement in the fatal stabbing of 43-year-old Antoine Ealey on July 22, 2023 on the 2300 block of L’Enfant Square, SE.

Court documents state that Ealey sustained four sharp force injuries: two to his back, one to his left arm, and one to his upper left shoulder.

“This is not going to be a whodunit,” the prosecution declared in their opening statements.

Prosecutors alleged Chapman was hanging out with three of his friends in the alley next to his apartment when Ealey approached them. They claimed Chapman was unhappy with Ealey’s presence and allegedly kicked him three times. Ealey then reportedly collected his bags and walked away, but Chapman followed him and stabbed him four times.

Prosecutors described the case as a “simple and clear story,” based on their assertion that Chapman followed Ealey. They plan to present video evidence during the trial.

Gail Engmann, Chapman’s attorney, disputed the prosecution’s account and argued her client legitimately acted in self-defense.

Engmann alleged Ealey picked a fight with Chapman’s friends and Chapman’s only intention was for Ealey to leave. She said Chapman and Ealey’s fight went back and forth and “within a matter of seconds it’s over.”

“Mr. Chapman only used his knife when he had to,” said Engmann. Engmann asserted Chapman was faced with a deadly threat because Ealey allegedly said “How about I kill you” and struck Chapman with his stun gun.

Ealey was “threatening to make Mr. Chapman’s next breath his last,” said Engmann.

Engmann added that Ealey was allegedly under the influence of the drugs PCP and K2, a synthetic verison of marijuana that is considered dangerous, which she claimed caused him to act unpredictably violent and erratic.

The trial is scheduled to resume on June 11.

Judge Denies Carjacking Defendant’s Release After Giving up Prelim

DC Superior Court Judge Heide Herrmann denied release to a carjacking defendant who waived a preliminary hearing of the evidence on June 11.

Charnell Whitfield, 20, is charged with unarmed carjacking, possession of a firearm during a crime of violence, and unlawful possession of a firearm for his alleged involvement in an incident that occurred on May 24 at the 400 block of Massachusetts Avenue, NW.

According to court documents, an individual, later identified as Whitfield, attempted to steal the victim’s scooter with a firearm readily available. At his arrest, Whitfield was discovered to be suffering from a gunshot wound to his chest, which was unrelated to the carjacking.

During the hearing, Whitfield waived his right to a preliminary hearing. Whitfield’s defense attorney, Bryan Bookhard, contended that Whitfield should be released to home confinement because he requires medical treatment for the gunshot wound sustained just before the incident.

Bookhard highlighted Whitfield’s age and stable family situation, noting that the defendant has a child on the way and expressed a desire to support the child’s mother through the pregnancy.

Prosecutors signaled the crime’s severity to the judge, emphasizing the substantial CCTV evidence of the carjacking, the weapon, and Whitfield’s extensive criminal history.

Judge Herrmann denied Whitfield’s release. She stated that Whitfield has a bench warrant and an extraditable warrant due to missing a probation violation hearing in Montgomery County for a separate weapons conviction.

A felony status conference is slated for July 9.

Judge Rules on Admissible Evidence in Homicide Pretrial

DC Superior Court Judge Todd Edelman disputed photo and expert witness evidence during a felony status conference on June 6.

Daniel Chapman, 27, is charged with second-degree murder while armed and carrying a dangerous weapon outside a home or business for his alleged involvement in the fatal stabbing of 43-year-old Antoine Ealey on July 22, 2023 on the 2300 block of L’Enfant Square, SE.

In grand jury testimony, a witness told police they found the victim “stabbed up” in an alleyway.

David Knight, Chapman’s attorney, argued against admitting that witness’s testimony into evidence, saying it would influence jurors’ emotions without adding information about the case, since the witness said that they believed that the victim was stabbed but they weren’t sure.

Judge Edelman ruled that the grand jury witness would be allowed to testify only to their interpretation. Anything else would constitute hearsay.

The defense did not object to another key piece of evidence, the surveillance camera footage from the scene of the crime documenting an altercation that aligned with what the witnesses claimed.

“It narrows the time frame between the conflict and when the police arrived at the scene,” the prosecution pointed out.

Judge Edelman concluded that the footage had probative value in that could substantiate a fact and allowed it to be entered as evidence.

Knight also objected to photographs of the victim that displayed his colostomy bag, a detail that Knight argued would create more sympathy for the victim. The victim’s eyes were also covered by the prosecution, despite the fact that the victim hadn’t suffered any head injuries thus ruled admissible.

Judge Edelman delayed ruling on whether images of the colostomy bag would be allowed.

The prosecution planned to call a witness who works for the company that manufactures a stun gun allegedly used by the victim during the altercation. The weapon emits a painful electrical charge, though less than a Taser. While the prosecution wanted to display the functions of the stun gun, they also wanted to compare the gun’s effects relative to more powerful models.

The judge ruled that the witness can testify only about the type of stun gun the victim used and not other models.

The defense objected to numerous pictures of Chapman provided by the prosecution, arguing they could mislead jurors and spark prejudice. One picture showed Chapman wearing a shirt that read “High.”

Judge Edelman concluded that the photos don’t carry negative associations and so they won’t be excluded, except for an old mugshot of Chapman.

Parties are slated to reconvene on June 9.

Jury Convicts 2021 Murderer in a Beating

A jury in DC Superior Court Judge Todd Edelman’s courtroom convicted a murder defendant on June 6.

Alvin Cruz-Garcia, 27, is charged with second-degree murder while armed for his alleged involvement in the fatal beating of Ramon Gomez-Yanez, 38, on March 23, 2021 on the 1500 block of Ogden Street, NW.

According to a press release from the prosecution, surveillance footage from the Ogden Market showed that Gomez-Yanez was urinating close to Cruz-Garcia’s car when an altercation took place and after a short exchange of words, Cruz-Garcia punched Yanez and struck him multiple times in the head.

Throughout the trial, the prosecution presented evidence that showed Cruz-Garcia beat Gomez-Yanez to death by repeatedly kicking him on the head and neck.

Julie Swaney, Cruz-Garcia’s attorney, claimed the prosecution had failed to prove beyond a reasonable doubt that Cruz-Garcia was the perpetrator.

Following a day of deliberations, the jury returned a guilty verdict.

Parties are slated to reconvene for sentencing on Aug. 1.

After Closings, Jury Weighs Evidence in Infanticide Case

The prosecution and defense gave their closing arguments before DC Superior Court Judge Jason Park in a child abuse and felony murder trial on June 9.

Faneshia Scott, 38, is charged with seven counts of first-degree cruelty to children and two counts of first-degree felony murder while the victim was especially vulnerable due to age. The charges stem from her alleged involvement in the death and assault of her 16-month-old daughter, Rhythm Fields, and assault of her two and four-year-old children on the 5400 block of C Street, SE, on March 21, 2017.

During their closing arguments the prosecution called Scott out for her treatment of Rhythm saying, “Parents have a very special responsibility…kids expect parents to be their number one advocates.” Instead the person who should have protected Rhythm, ended her life, prosecutors argued.

The prosecution put together a months long timeline showing Scott’s alleged neglect of and abuse toward her children, based on eyewitnesses who say they saw Fields beat her children as well as an expert evaluation of Rhythm’s injuries including pictues shown to the jury.

They emphasized the extensive damage to her body including 17 bruises on her chest, multiple examples of internal bleeding, swelling of the brain, and 23 rib fractures – eight of which were new.

The prosecution connected Scott’s pattern of abuse to the night of March 20, 2017 when Scott allegedly shook Rhythm in an attempt to stop her crying, before ignoring Rhythm for hours who appeared unwell at the time according to witnesses.

Scott’s defense attorney, Steven Kiersh, emphasized that conviction requires evidence “beyond reasonable doubt,” and insisted the prosecution failed to meet these requirements.

Kiersh asserted that attempted CPR could have caused the bruises and the fractured ribs seen on Rhythm. He also attempted to minimize the prosecution’s argument that Scott’s administration of Robitussin to Rhythm is an example of her abuse, reminding the jurors of the statement from an expert witness that the drug “did not kill Rhythm.” However, drowiness and dizziness are potential side effects.

Kiersh said the cause of Rhythm’s death was brain swelling. He insisted that the prosecution had no concrete evidence that Scott caused the swelling and asked the jury to consider whether this created grounds for reasonable doubt.

Kiersh pleaded with the jury saying, “The law that you have to follow is not an emotional law.” While he acknowledged that Rhythm’s death was a tragedy and that some of Scott’s actions were regrettable, he insisted that the jury put aside emotion in determining Scott’s guilt.

In responding to Kiersh’s earlier statement that Robitussin Scott gave to Rhythm caused no injury and was below a therapeutic level at time of death, the prosecution pointed to the possibility that the drug could have accumulated in her body. They emphasized that the drug is “not for children under 12,” suggesting that no amount could be considered safe.

The rib fractures and fingerprints found on Rythm’s torso were noted as consistent with the defendant squeezing and shaking the victim, which she allegedly admitted March 20, 2017, the day prior to Rythm’s death. According to the prosecution, these injuries were sustained about 12-to-18 hours prior to Rhythm died.

Prosecutors highlighted the medical examiner’s testimony, in which they stated the cause of death was multiple blunt force traumas, and the manner of death a homicide.

The prosecution reminded the jury that Scott held sole custody of and thus, complete responsibility for Rhythm. The evidence that she often left Rhythm confined and drugged along with her alleged lies that Rhythm was all right pointed to Scott’s guilt.

Parties are slated to reconvene when the jury reaches a verdict.

Teen Carjacking Suspect Waives Preliminary Hearing, Detained

DC Superior Court Judge Heide Herrmann detained a young carjacking defendant after he waived his right to a preliminary hearing on June 5.

Jabari Brown, 19, is charged with armed carjacking for his alleged involvement in an incident that occurred on May 27 on the 1300 block of E, NE. According to court documents, a suspect later identified as Brown, among others, allegedly stole a victim’s vehicle.

During the hearing, Brown’s attorney, Russell Hairston, alerted Judge Herrmann of Brown’s intent to waive his right to a preliminary hearing in which he would hear evidence against him, and requested his release under home confinement and GPS monitoring. According to Hairston, Brown has ample support in the community, including his mother, which would ensure he complies with all court conditions.

The prosecution objected citing the seriousness of the charge.

Judge Herrmann agreed and denied Brown’s request for release.

Parties are slated to reconvene June 18.

Document: MPD Makes an Arrest in Northeast Shooting

The Metropolitan Police Department (MPD) announced the arrest of 46-year-old Ato Ocran in connection to a shooting on June 3 in Northeast. The incident occurred during an argument over an electric vehicle charging cable, resulting in the victim being shot and sustaining non-life-threatening injuries. Ocran was charged with Assault with a Dangerous Weapon (Gun), Destruction Of Property, and Possession of an Unregistered Firearm.

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