Prosecution’s Request Confuses Judge, Defense Attorney

During an emergency status hearing Oct. 18, a DC Superior judge said he was confused by a prosecutor’s request to make sure the scheduled trial date was still going to happen.

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.

The prosecution asked for an emergency hearing because they said they were concerned the defense was going to ask for a continuance.

The prosecutor said that if the trial was delayed, it would be the fourth trial date to be set. She did not want to draw the trial out any longer because it had been almost four years since the murder took place. The trial is set to begin on Feb.3, 2020.

The prosecutor also said she spoke with Whitaker’s defense attorney, Mani Golzari, over the phone, where he said that he had three trials in close proximity to each other. According to the prosecutor, Golzari said the trials could potentially run over.

However, Golzari said he never spoke to the prosecution over the phone and that he had no idea why this hearing was even happening. He said he know the prosecution was asking around about his trial calendar.

Golzari also said he was confused as to why the prosecution did not try to contact him first instead of asking other people about his schedule.

Golzari told DC Superior Court Judge Todd Edelman that he did not intend to ask for a continuance, at this point, but if he did he would fill out the proper paperwork.

Judge Edelman told the prosecution that there was nothing he could do to make sure the trial date would not change.

Whitaker is scheduled for a status hearing on Dec. 18.

Murder Defendants Disagree on Plea Offer

During a status hearing, one defendant said he was willing to accept a plea offer, but the other defendant rejected it.

Titus Iracks and Dearren Dawkins, 22, are charged with first-degree murder while armed and conspiracy while armed, among other charges, for allegedly shooting Larry Harrell on the 1200 block of Mount Olivet Road, NE on June 13, 2018. Iracks, 17, is being charged as an adult.

Dawkins’ defense attorney, Kevin Mosley, told DC Superior Court Judge Danya Dayson that his client is prepared to accept the prosecution’s deal. However, Iracks’ defense attorney, Ronald Resetarits, said his client was rejecting the offer. According to DC Courts, the defendants were offered a deal that needed to be accepted by both parties. Specific charges and sentence lengths for the deals were not discussed in open court.

According to early reports by D.C. Witness, Iracks and Dawkins rejected a plea deal for voluntary manslaughter while armed in January.

Judge Dayson set a trial date for May, and a deadline to sever the cases in March. No motion to sever the cases has been made at this time.

Dawkins is currently held without bail in DC Jail. Iracks is being held at DYRS.

Both defendants are scheduled for a status hearing on Nov. 5.

Defendant Committed Murder Over Insults, Prosecutor Says

During a preliminary hearing Oct. 17, a prosecutor argued that a murder defendant killed his friend over a “few insults.”

Keith Toney, 41, is being charged with first-degree murder while armed for allegedly shooting 45-year-old Melton Grant on the 600 block of Morton Street, NW in June.

A Metropolitan Police Department detective said two witnesses said the fight happened because Grant made fun of Toney’s eyepatch which, he was known to wear at times.

The detective also said security video showed Grant punching Toney but the another witness initially said that it was Toney who punched Grant.

The prosecution said there was surveillance footage that depicted the shooting and Toney was identified by both witnesses.

Defense attorney James King argued that none of the witnesses were reliable and therefore the prosecution failed to demonstrate probable cause.

King raised the issue that one of the witnesses, who was not present when the crime was committed, relied on information from friends who were present.

Despite King’s arguments DC Superior Court Judge Juliet Mckenna ruled that the prosecution met the standard of probable cause.

Toney rejected a plea deal for voluntary manslaughter before the hearing began.

Toney is scheduled for a felony status conference on Nov. 4.

Judge Orders Prosecution to Turn Over Audio Recording

A DC Superior Court judge ruled that the prosecution must allow a 17-year-old murder defendant to access an audio recording of an interview between Metropolitan Police Department detectives and a key witness.

Dazmine Anderson is charged with second-degree murder while armed for allegedly stabbing 30-year-old Jean-Claude Jackson on the 1300 block of Good Hope Road, SE on Oct. 7. Anderson, who was 16 at the time of the crime, is being charged as an adult.

The prosecutor said a transcript of the interview was already provided to the defense.

However, Anderson’s defense attorney, Madalyn Harvey, said the transcript was heavily redacted and the prosecution could not transcribe parts of the conversation because they were unintelligible.

She said that without access to the full conversation she can’t determine just how weak the prosecution’s case is.

Harvey also requested a video of the interview and the witness’s identity.

She said the prosecution’s case against Anderson is built entirely on the testimony of this witness, who Harvey said she believes could be an alternate suspect.

“We need to investigate this person,” said Harvey. “We need to understand his motivation to lie and how violent he is.”

DC Superior Court Judge Milton C. Lee denied Harvey’s request for the video and the witness’s identity but said the issue would be discussed at Anderson’s next hearing.

Anderson is scheduled for a status hearing on Nov. 7.

Judge Denies Murder Defendant’s Motions, Maintains Substantial Probability Ruling

A judge denied Oct. 17, two motions a defense attorney filed to reopen a preliminary hearing and modify his client’s detention order.

Elhadji Babacar Ndiaye is charged with first-degree murder while armed for allegedly shooting 21-year-old Travis Deyvon Ruth on the 2700 block of Jasper Street, SE in January. According to court documents, Ruth was shot nine times with a majority of the wounds in his back.

DC Superior Court Judge Todd Edelman said nothing that was mentioned in the motion to reopen the preliminary hearing could prove that his substantial probability finding was incorrect.

Judge Edelman also said that a witness identified Ndiaye as the shooter. Judge Edelman said the witness’s story was corroborated by another witness and surveillance footage.

Furthermore, Judge Edelman said there were no conditions of release that would ensure the safety of the community because Ndiaye had a prior history of not complying with supervision and also threatened people in the community.

Ndiaye is being held without bail.

Another felony status conference is scheduled on Nov. 14, which is the end of the nine-month period the prosecution has to secure an indictment.

Murder Defendant Decides to Test DNA Materials

During a status hearing Oct. 16, a murder defendant announced that he would test some evidence for DNA.

Roger Hector Hamilton, 38, is charged with second-degree murder, driving under the influence of alcohol or a drug, and reckless driving for his alleged involvement in the death of 42-year-old Vincent Childs. The incident occurred on the 3200 block of Wheeler Road, SE on March 2, 2018.

Hamilton’s attorney, Joseph Scrofano, said he intends to test the airbags for DNA, but not any of the other items.

Scrofano also requested that DC Superior Court Judge Danya Dayson remove Hamilton’s GPS tracker since he has been compliant with the conditions of his release for the last 19 months.

Although Hamilton was released on personal recognizance, he is only permitted to drive to work. He is not allowed to drive to any other location.

Judge Dayson refused the request, and kept Hamilton on his current release conditions.

Hamilton is scheduled for a status hearing on Jan. 6, 2020.

Defense Requests Trial Date

During a felony status conference Oct. 16, a murder defendant requested a trial date.

Delonta Daniel, 32, is charged with first-degree murder while armed for his alleged involvement in the shooting of Bernard Jarvis, 25, on the 2400 block of 14th Street, NE on June 28. Jarvis died on the scene.

Defense attorney Kevin Irving was appointed to represent Daniel on Sept. 30 after Daniel’s former attorney, Kristin McGough,left the case to go on maternity leave. Irving told DC Superior Court Judge Danya Dayson that he was updated on the case, and requested a trial date.

Daniel’s trial is set to begin on Sept. 21, 2020.

The prosecution said that the deadline to secure an indictment is on March 11, 2020. The prosecution has not conducted DNA testing.

Daniel is scheduled for a status hearing on Dec. 9.

Document: Homicide on Chesapeake Street, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 700 block of Chesapeake Street, SE.

According to a press release, officers located 32-year-old, Dilcia Rodriguez suffering from multiple gunshot wounds on Oct. 16 inside a residence. Rodriguez was pronounced dead on the scene.

As a result of an investigation police found a suspect. Upon further investigation the police discovered the offense was domestic in nature. Later that day, police found 37-year-old Calvin Aughtry was discovered in a car in Prince George’s County, MD with an apparent self-inflicted gunshot wound.

Judge Denies Defense’s Request for Cash Bond

After finding probable cause that a murder defendant was involved in a 2009 homicide, a DC Superior Court judge denied an attorney’s request to place his client on a cash bond.

Saeve Evans is charged with first-degree murder while armed for allegedly shooting Kareem Ware on the 3800 block of Halley Terrace in 2009. Evans, 33, was also acquitted of the murder of 16-year-old Breyona McMillian in February. McMillian was killed in 2016.

DC Superior Court Judge Danya Dayson said that given the nature of Evans’ current charge and his criminal history, she was not confident that setting a bond would be a “good idea.”

Evans is being held for a firearm’s conviction he received in relation to McMillian’s murder. He is appealing the 8.5-year sentence, according to his defense attorney, James King.

King said he requested that Judge Dayson set a cash bond for Evans because he was already serving time for a prior charge. King said there would be no reason why Evans would not show up to his court date since he was already being incarcerated.

But, Judge Dayson said that even though it was unlikely for Evans to successfully appeal and be released on the firearm’s charge, she did not want to take a chance.

Cash bonds are no longer required to ensure pretrial release. Instead, release is decided by a judge, according to DC law. A judge can grant pretrial release if the defendant does not pose a danger to any person or the community. When deciding whether a defendant should be released, a judge also has to consider the likelihood of whether that defendant would return for future court proceedings. Even though the bonds are not required, a judge can set one to make sure that a defendant returns to court.

Evans is scheduled for a status hearing on Nov. 26.

A jury trial is slated to begin on June 15, 2020.

Judge Places Murder Defendant Back in Jail for Violating Release Conditions

Instead of waiting for his trial at his home, a murder defendant will now wait for it while he is being held at the DC Jail.

Darrise Jeffers along with Saquan Williams, Quincy Garvin, Mark Tee Price, Isaiah Murchison, Antonio Murchison, Gregory Taylor, Marquell Cobbs, Qujuan Thomas, and Quentin Michals are charged with first-degree murder for their alleged involvement in the shooting of 10-year-old Makiyah Wilson on the 300 block of 53 Street, NE on July 16, 2018. Quanisha Ramsuer is charged with obstruction of justice in relation to the shooting. According to court documents, the shooting resulted from a neighborhood rivalry.

On Oct. 16, DC Superior Court Judge Ronna Lee Beck told Jeffers, 20, that he violated the terms of his release. She order that he wait for his trial, which is scheduled to begin in 2021, at DC Jail.

According to Judge Beck, Jeffers left his house multiple times late at night. He was released under home confinement.

According to Judge Beck, Jeffers was warned by DC Superior Court Judge Craig Iscoe about the penalties of not adhering to the terms of his release.

She said, after he had broken the rule the first time, a social worker told him to stop leaving the house. However, he continued to violate the terms of his release.

Judge Beck said he was well aware of the penalties and repeatedly ignored warnings.

Jeffers defense counsel, Veronice Holt, said home confinement was overwhelming for Jeffers.

Instead, she requested Jeffers be placed in a halfway house.

She said the halfway house would be accountable if Jeffers violated his release conditions. She said the halfway house could send him to jail without intervention from the court.

Judge Beck denied her request.

“There is clear and convincing evidence the community cannot be safe and I cannot be sure he will return to court,” Judge Beck said.

All of the defendants except for Ramsuer, 26, are scheduled for a status hearing on Nov 1.

Garvin, 19, Williams, 17, Thomas, 20, Michaels, 21, Taylor, 23, and Price, 24, are scheduled to got to trial in June of 2020. Jeffers, 19, Cobbs, 17, Antonio, 26, and Isaiah, 19, are slated to begin trial in January of 2021. The defendants are being held without bail.

Ramsuer, who is released on personal recognizance, is scheduled to begin trial on Feb. 3, 2020.

Did a Murder Defendant’s Learning Disability Lead to Murder?

A defendant’s learning disability may have led him to murder, according to results from intellectual and behavioral assessments.

Shelby Jones pleaded guilty to second-degree murder while armed for allegedly shooting 17-year-old Davon Fisher on the 400 block of Riggs Road, NE. He was initially charged with first-degree murder and assault with a dangerous weapon. The defendant pleaded guilty to the murder on Jan. 11.

On Oct. 15, a clinical psychologist told DC Superior Court Judge Ronna Beck that several assessments show that Jones demonstrates difficulty with verbal and nonverbal decision making.

Even though Jones, 19, pleaded guilty to the murder, he decided to withdraw the plea on July 12.

Jones’ defense attorney, Dorsey Jones, said the defendant withdrew his plea because he did not understand it.

Jones told the judge that he did not read his plea agreement before signing it because he trusted Madalyn Harvey, his former attorney.

Jones said Harvey misinformed him about the terms of the agreement. She was dismissed in May. D.C. Witness reported that Harvey is scheduled to testify at Jones’ next status hearing on Oct. 17.

During cross examination, Jones told Judge Beck that he wanted to kill Fisher when he shot him in the back of the head. Jones also said he shot two other witnesses to silence them.

Jones is being held without bail at DC Jail.

Murder Defendant Returns to Jail After Disrupting A Victim’s Brother’s Impact Statement

A judge ordered a murder defendant to return to jail after he continuously disrupted a victim’s brother’s impact statement.

Donnell Mills, 30, is charged with first-degree murder while armed and attempt to commit armed robbery while armed for allegedly stabbing Jelani Mohammed, 38, on the 1500 block of Benning Road, NE on Nov. 8, 2018. Mills’ co-defendant in the case is Dale Thomas, 28.

The outburst stemmed from statements DC Superior Court Judge Milton C. Lee allowed Mohammed’s family to give Oct. 16 after defense counsel, Lisbeth Sapirstein, said Mills would take a plea deal.

The victim’s brother spoke about surveillance footage in which a person is seen attacking the victim. The defendant “viciously attacked my brother from behind,” the brother said.

Before the brother could complete his statement, Mills said, “I dont give a f*** what was on the video.”

Mills also mumbled throughout the brother’s statement.

In response to the disruptions, Judge Lee ordered the court marshals to detain the defendant and take him back to DC Jail.

“You killed my brother and you get mad at me for speaking my mind,” the brother said. “See, he doesn’t care.”

After a discussion with counsel at the bench, Judge Lee decided to reschedule the status hearing.

The hearing is rescheduled to continue on Oct. 22. Thomas, who is pending a grand jury, was scheduled for a felony arraignment on Oct. 25, however the hearing was vacated. Another hearing has not been scheduled, according to DC Courts.

Judge Appoints New Counsel After Requests for Change

On Oct. 15, a murder defendant was appointed new counsel after both he and his former attorney requested the change.

Kurt Hewitt, 20, and cousin Demonte Hewitt, 17, have been charged with second-degree murder while armed for their alleged roles in the fatal stabbing of 16-year-old Tyshon Perry. The stabbing occurred on the 1300 block of 2nd Street, NE on May 1, 2018. Demonte, who was 16 at the time of his arrest, is being charged as an adult.

On Oct. 4, in a motion to withdraw, Kurt’s former defense attorney, Clarence Powell, said he could not properly represent the defendant because he was not willing to assist with preparation of the case.

Kurt also requested that Powell be replaced with defense attorneys Mary C. Kennedy and Sean Hennessy, the motion said. Both of the attorneys accepted the case.

DC Superior Court Judge Craig Iscoe also requested a few more hearings before trial to address any issues that may arise with DNA testing and other matters.

According to DC Courts, both parties requested DNA testing and protective orders for Instagram accounts in August.

A status hearing is scheduled for the defendants on Nov. 22.

Demonte, who was not present at the hearing, is being held without bail at the Department of Youth Rehabilitation Services (DYRS). Kurt is being held without bail at DC Jail.

A jury trial is scheduled for 2020.

Murder Defendant’s Former Attorney Set to Testify

A murder defendant requested Oct. 15 to take back his plea because of faulty information he received from his former defense attorney. As a result, a DC Superior Court judge ordered the attorney to testify.

Shelby Jones pleaded guilty to second-degree murder while armed for shooting 17-year-old Davon Fisher on the 400 block of Riggs Road, NE. He was initially charged with first-degree murder and assault with a dangerous weapon. The defendant pleaded guilty to the murder on Jan. 11.

“She wasn’t on the same page as me, that’s why she’s gone,” said Jones, referring to his former attorney, Madalyn Harvey.

Jones said Harvey led him to believe that he could serve a lesser number of years than the 19 years stated in the plea agreement. In August, he requested that she be dismissed from the case.

However, Judge Ronna L. Beck said she was in disbelief that a defense attorney would offer misleading information. The motions hearing was continued, and Harvey is scheduled to testify on Oct. 17.

“We ought to hear from her about it,” said Judge Beck.

Jones is now being represented by defense attorney Dorsey Jones.

The defendant is being held at DC Jail without bail.

Judge Pushes Prelim Back for Plea Negotiations

A DC Superior Court judge pushed a preliminary hearing back 15 days to give counsel more time to discuss plea negotiations.

Malik Coles and Duan Garmany are being charged with first-degree murder while armed for the murder of Christopher Payne on the 1400 block of W Street, NW on June 30.

Defense attorneys Lisabeth Sapierstein and Dominique Winters requested that Judge Todd Edelman grant more time to negotiate a plea deal instead of proceeding with the scheduled preliminary hearing. The preliminary hearing that was scheduled to take place on Oct. 15 is now scheduled on Nov. 1.

The prosecution did not object to the extension.

According to court documents, Cole, 22, and Garmany, 21, were seen on surveillance footage fleeing the scene of the crime.

Search