During the continuation of a motion hearing on Feb. 4, defense and prosecution argued about whether or not to exclude testimony from the murder defendant’s daughter.
Keith Archie, 39, is charged with second-degree murder while armed for allegedly stabbing Demond Marcel Rush on the 3600 block of 22nd St., SE in 2017.
The daughter previously testified in front of a grand jury and was set to testify again for the trial. Archie’s lawyers, Sylvia Smith and Jason Tulley, argued that the daughter’s testimony should be excluded because she no longer remembers parts of her previous testimony.
The defense also filed a motion to suppress pictures from the crime scene, which showed Archie’s shoes and pants.
The prosecution asked DC Superior Court Judge Neal Kravitz to permit the use of the nine-year -old daughter’s testimony, explaining that her testimony presented a clear picture of the crime.
Both the defense and prosecution agreed on a select number of pictures of Archie’s pants and shoes that would be used during trial.
Judge Kravitz did not preclude the daughter’s testimony. The judge did strike statements the defendant gave to police on the night of the homicide because the officers were in violation of Archie’s Miranda rights.
The motion hearing continued to Feb. 5 and then jury selection for trial began.
During a murder trial Feb. 4, a key witness told jurors that the prosecution agreed to speak on his behalf at his sentencing if he told the truth.
Michael Francis “Mickey” Taylor
Mason Binion, 32, is charged with first-degree murder while armed after allegedly shooting Michael Francis Taylor, 21, on the 600 block of Farragut Street, NW on June 22, 2008. Apparently, Binion and Taylor were friends. Binion’s co-defendant, Victor Carvajal’s case was dismissed the day before opening statements. Carvajal was also charged with first-degree murder while armed.
D.C. Witness previously reported that, Joshua Massaquoi, who was Binion’s co-defendant and present during Taylor’s murder, pleaded guilty to conspiracy to commit murder, carrying a pistol during a crime of violence and accessory to second-degree murder.
During his continued testimony Feb. 4, Massaquoi said that he and the prosecutor had reached a plea agreement, for the charges listed above, and that when he spoke to his defense lawyer, Matthew Davies, he was advised that he could spend up to 40 years in prison.
Massaquoi said that as part of the plea agreement the prosecutor in Binion’s case would speak on his behalf at his sentencing.
Because of the agreement with the prosecutor in his separated case, Massaquoi would only have to spend between 7-14 years in prison with a probationary period afterwards.
The initial detective who investigated the case also testified. He said that in 2008 when the murder occurred he did not have Binion’s car analyzed for fingerprints. The detective said the prints weren’t analyzed because everyone who was in the car on the night of the murder was an associate of Binion. It would not have been unusual for their prints to be in the car.
He also said that it was known that Binion’s cell phone was off and at that time, in 2008, landline records could not be subpoenaed.
Closing arguments are scheduled to begin on Feb. 5 .
A defense attorney told the jury Feb. 4 that her client did not kill the victim.
Marquette Tibbs is charged with first-degree murder while armed, unlawful possession of a firearm with a prior conviction, and possession of a firearm during a crime of violence. Cinquan Cartledge, whose case was severed, is also charged in the homicide with first-degree murder while armed, conspiracy to commit a crime of violence, robbery while armed, possession of a firearm during a crime of violence, first-degree murder while armed while committing or attempting to commit a robbery and unlawful possession of a firearm with a prior conviction. The men were allegedly involvement in the shooting of Orlando Silver III, 37, on the 1300 block of Howard Road, SE, in 2016.
“He is a lot of things,” defense attorney Jessica Willis told the jury. “A killer is not one of them.”
According to court documents, Tibbs and Cartledge were wearing GPS ankle monitors that placed them near the scene of Silver’s murder. Two witnesses identified Tibbs as the shooter shortly after witnessing the incident.
Willis said Tibbs charged his GPS ankle bracelet a couple of hours prior to the incident and a few minutes after the incident occurred.
As part of her defense argument, Willis said charging the monitor is not consistent with someone who would be planning a murder. In fact, if he was, the lawyer said he would have let the monitor die to avoid tracking his location.
The defense says that Tibbs was there for a gun exchange. Apparently, he attempted to trade his Smith and Wesson gun with an associate of Silver’s who had a beretta. After Tibbs decided he did not want to go through with the trade, the situation escalated. An altercation occurred between Tibbs and Silver’s associate.
Tibbs says the gun went off during the altercation, striking Silver.
The prosecution told a different story.
During the prosecutor’s closing statements, the prosecutor tried to convince the jury that Silver was set up by Tibbs. The prosecutor told the jury about a text message about the deal that Tibbs sent to Silver on the morning of the homicide.
“Sweet move, get up,” Tibbs texted Silver, saying that it was a good deal.
According to the prosecution’s theory, Silver didn’t believe he was being taken seriously enough and tried to leave. As he was leaving, Tibbs allegedly shot him.
The prosecution tried to convince the jury that Tibbs was not there for a gun exchange. The prosecution said he was there for a drug deal.
“This wasn’t an accident or self-defense. This was a message,” the prosecutor said.
Arguments lasted for nine days with the jury hearing from 34 witnesses.
On Jan 31, during a felony arraignment, a DC Superior Court judge inquired about the condition of a murder defendant.
Robert Henson, 38, is charged with second-degree murder while armed for his alleged role in the death of 37-year-old Richard Lee Dudley on the 2500 block of Elvans Road, SE on Dec.10, 2018.
The defense attorney for Henson, David Knight and Joseph Yarbough, said that Henson had slightly improved since being hospitalized for unknown reasons.
He also said that Henson is competent and alert for 2 hours in the afternoons. The defense asked the judge to set an afternoon arraignment in the following weeks in order to fit Hemson’s needs.
The prosecution did not object.
Judge Juliet McKenna said she hopes Henson’s condition improved by the end of February.
During a status hearing, Jan. 31, a DC Superior Court judge opted against changing a murder trial date.
Antonio Clifton Jackson, 32, a resident of Capital Heights, Md., was charged with first degree murder while armed for allegedly stabbing Maria Antoinette Evans, 52, on the 500 block of Oakwood Street, SE on March 29, 2018.
DC Superior Court Judge Neal E. Kravitz decided to remain on track with the trial that is scheduled to take place on Oct. 5.
Judge Kravitz also set a status hearing to discuss whether Jackson would test DNA evidence independently on March 26.
Judge Kravitz is also supposed to decide on a date for a motions schedule and a trial readiness hearing on March 26.
A murder defendant requested to ease his release conditions during a status hearing on Feb. 4. A judge denied his request.
Brian Wooden is charged with first-degree murder while armed for allegedly killing his girlfriend’s son, Carter Sanders, who was one years old, on the 4700 block of Benning Road, SE on May 16, 2018.
Wooden, 30, requested to change programs from the high intensity supervision program (HISP) to the general supervision program due to an inconvenience with his four-year-old child. Wooden said the strict curfew was interfering with time he could spend with his son on the weekends.
As part of his conditions, Wooden can only have supervised visits with his son or any other child. His attorney, Marnitta King, said that Wooden, who lives with both of his parents, has been in compliance with his conditions.
A trial readiness hearing is set for April 3, 2020, and trial is scheduled to begin in September.
During a murder trial on Feb. 3, a witness said he lied to the jury because he was too scared to tell the truth.
Michael Francis “Mickey” Taylor
Mason Binion, 32, is charged with first-degree murder while armed after allegedly shooting Michael Francis Taylor, 21, on the 600 block of Farragut Street, NW on June 22, 2008. Apparently, Binion and Taylor were friends. Binion’s co-defendant, Victor Carvajal’s case was dismissed the day before opening statements. Carvajal was also charged with first-degree murder while armed.
Joshua Massaquoi, who was Binion’s co-defendant and present during Taylor’s murder, pleaded guilty to conspiracy to commit murder, carrying a pistol during a crime of violence and accessory to second-degree murder.
During the morning on Feb. 3, Massaquoi told the jury that he couldn’t remember if Binion was with him, Carvajal and another person during the homicide or not.
However, Massaquoi, who returned to the stand in the afternoon, said that everything he said during the morning was a lie.
He said he recalled that not only was Binion in the car with him, Carvajal and another person but that Taylor said, “No, Mason, don’t,” right before he heard gunshots and saw sparks from a gun.
Massaquoi said Binion asked him to get a gun after he heard that a drug deal went wrong.
According to Massaquoi, he and Binion drove to Massaquoi’s sister’s house, where he retrieved and .22 caliber Luger.
He said that he and Binion then drove back to Binion’s house when Carvajal arrived.
Massaquoi said he drove the men to a community center in Maryland where they picked up Taylor.
According to Massaquoi, he was driving, Binion was in the front, Carvajal was behind Binion and the other man was behind Carvajal. Taylor was in the middle of Carvajal and the other man. A fourth person was not arrested in connection to the homicide.
Massaquoi said he drove onto Emerson Street, NW, where Binion, Carvajal, Taylor and the other man got out of the car while he remained in the driver seat.
He said he didn’t hear much talking but saw Taylor go from a standing position to falling on the ground.
Massaquoi said Carvajal and Binion were standing over Taylor. Massaquoi said he was unsure of the other man’s position.
Massaquoi also said he did not see Binion shoot Taylor. However, Massaquoi said Binion was the last person with the gun, so he thinks that Binion was the shooter.
After Taylor was shot, Massaquoi said he drove everyone back to Binion’s house. He said Carvajal left Taylor’s truck in an apartment complex in Hyattsville, Md.
According to Massaquoi, he hid the gun in the woods near his sister’s house. He said that when he went back to retrieve the gun, it was not there.
However, Massaquoi said, during his testimony on Feb. 4, that he eventually found the gun and turned it over to the Metropolitan Police Department in 2015. But, the prosecutor on the case told D.C. Witness that Massaquoi never turned in the gun.
Closing statements are expected to occur on Feb. 6.
During trial on Jan. 30, the medical examiner that performed an autopsy on the victim said a shot to the back of the head was fatal.
Michael Francis Taylor
Mason Binion, 32, is charged with first-degree murder while armed for allegedly shooting Michael Francis Taylor, 21, on June 22, 2008, on the 600 block of Farragut St., NW. Binion is released on personal recognizance.
The forensic scientist evaluated what she established as the fatal gunshot wound, which was located on the victim’s head.
She said there was another shot graze on his finger. She established both wounds were inflicted within seconds of one-another, and that later the victims’ body was left face down for six to 12 hours.
The second expert established that both bullets had come from the same gun. Binion’s defense attorney, Kristin McGough, questioned the fact that the expert conducted the tests manually, rather than using a machine, saying the expert’s analysis could not be accepted as reliable.
McGough also questioned statements from co-conspirators. McGough said the statements were hearsay, expressing fears that the co-conspirators would give unfactual identifications which would incriminate the defense.
Joshua Massaquoi, the man who reported Binion and others to authorities years after the murder, was scheduled to testify. However, because a juror got sick, his testimony has been delayed.
Massaquoi was initially Binion’s co-defendant but, because he agreed to cooperate, the case was severed.
Court is scheduled to continue on Feb. 3.
This article was written by Lea Gianasso and Miriyam Judd
On Jan 31, during a felony arraignment, four murder defendants rejected their plea deals.
Steven Robin, Sean “Antonio” McKenize, Charles Young and Edward Brown are charged with first-degree murder while armed for their alleged involvement in shooting 29-year-old Kenneth Poindexter on the 4700 block of Benning Rd., SE on Jan. 1, 2018. Robin and Young are also charged with possession of a firearm during a crime of violence.
The prosecutor said the plea deal included a potential sentence of 5-8 years for each of the four defendants, but they all declined to plead guilty on the record.
On Feb. 3, expert witnesses failed to acknowledge a defense attorney’s subpoena to testify in a murder case.
Faneshia Scott is charged with first-degree murder for a heinous crime where the victim was especially vulnerable due to age or physical infimity and first-degree cruelty to children for her alleged involvement in one-year-old Rhythm Fields death on the 5400 block of C Street, SE in 2017. According to court documents, Fields died from blunt force trauma. Scott, 33, is currently released from jail on personal recognizance with a few stipulations under the high intensity supervision program (HISP).
According to Scott’s attorney, Steven Kiersh, he had been contacting two psychiatrists for a while. Both failed to comply with his requests.
D.C. Superior Court Judge Danya Dayson said that if the defense was unable to subpoena the psychiatrists the prosecution would help. The judge said that if counsel was unable to get in contact, then they should notify the Metropolitan Police Department.
Kiersh, and the prosecutor told Judge Dayson that they needed more time to gather more witnesses and to have a motion hearing. Kiersh also said he had an issue receiving body camera footage.
Kiersh said he is expecting the trial to last at least four weeks.
Judge Dayson granted more time to both the prosecution and the defense and set a trial date for Feb. 8, 2021.
During a status hearing on Feb. 2, a DC Superior Court judge ordered counsel to finalize plea deal negotiations.
Elijah Jarmon, 18, is charged with first-degree murder while armed for allegedly shooting Taquan Pinkney, 18, on Sept. 9, 2018, on the 2800 block of Stanton Road., SE. Jarmon was 17 at the time of his arrest, and is being charged as an adult.
Jarmon’s defense attorney, James King, was unable to attend court. Defense attorney Dinah Manning stood in for him. Manning said she believes a plea offer was given but likely rejected. However, she said she needed to check in with King to verify.
Defense counsel also requested a continuance for the possibility of having DNA independently tested. Manning said she believed King wanted to test the DNA but was not sure.
Judge Josey-Herring told Manning to find out if King wants to request a hearing to test DNA.
Jarmon is scheduled for a status hearing on Feb. 14.
The Metropolitan Police Department is investigating a fatal shooting that occurred on the 3800 block of Minnesota Avenue, NE.
According to a press release, officers found 24-year-old Donelle Hodges suffering from multiple gunshot wounds on Feb. 1. He died at a local hospital.
The department is 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 Washington, DC.
The Metropolitan Police Department is investigating a homicide that occurred on the 4300 block of 3rd Street, SE on Feb. 23
According to a press release, officers found 26-year-old Raheem Murray suffering from multiple gunshot wounds. He died on the scene.
The department is offering 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. Additionally, anonymous information may be submitted to the department’s Text Tip Line — 50411.
A murder defendant originally accepted a plea deal for second-degree murder, then requested more time to make up his mind. He finally rejected the offer and requested new counsel.
Demetrius Pierce, also known as Orlando Little, 34, is charged with first-degree murder while armed of a senior citizen for allegedly shooting Nazir Ahmad, 68, on Nov. 3, 2018, on the 900 block of Brentwood Road., NW. The victim was especially vulnerable due to age or physical infirmity firearm.
Pierce is also charged possession of a firearm during a crime of violence, second-degree burglary of a senior citizen, robbery of a senior citizen while armed and unlawful possession of a firearm with a prior conviction.
If Pierce pleaded guilty to second-degree murder, he would serve between 16-20 years in prison, with the prosecution dropping all other charges. It also included supervised release of five years after his sentence was served.
His defense attorney, Jeffrey Stein, asked that the plea offer remain on the table, and for Pierce to evaluate it with his new defense.
The prosecution refused, saying it was now closed. The prosecutor said she would consider a potential new plea deal and discuss it with Pierce’s future counsel.
Without the plea deal, Pierce would be susceptible to the maximum penalty, which is a potential life sentence, according to DC Superior Court Judge Todd. E Edelman.
Judge Eldeman scheduled an ascertainment of counsel for Pierce on Feb. 26.
On Jan. 31, a DC Superior Court judge set a new trial date for a homicide case.
Jessie Taylor, 41, is charged with for second-degree murder while armed for allegedly shooting Bernadette King, 49, a resident of Southeast, DC, on Jan. 26, 2018. King was found inside of a residence on the 2400 block of Elvans Road, SE.
The prosecution decided to withdraw their Winfield motion, which would address whether or not evidence raised by the defendant should be admissible in court.
DC Superior Court Judge Neal E. Kravitz scheduled a status hearing on March 6, which is then scheduled to be followed by a trial on April 19, 2021. The trial was originally scheduled for June 8, 2020.
