Judge Fails to Find Probable Cause

A DC Superior Court judge was concerned for the prosecution’s case of finding probable cause for a murder defendant.

Jahamar Thaxter, 28, is charged with first-degree murder while armed for allegedly shooting 26-year-old Victor Bolden, a resident of Northeast, DC, on Dec. 8, 2016, on the 600 block of Nicholson Street, NE.

DC Superior Court Judge Ronna Beck said she was concerned that since there was no evidence.

There would be an issue with finding probable cause for the case, the judge said.

Judge Beck requested that the prosecution bring an opening statement for the next hearing, which would allow her to review the prosecution’s argument.

Thaxter was not present for the preliminary hearing due to a scheduling issue between counsel.

He is also serving a ten-year sentence for assault with a dangerous weapon.

Thaxter is scheduled for a preliminary hearing on Feb. 5.

Corrine Simon wrote this story.

Judge Reschedules Trial Readiness Hearing

Editors Note: The defendant in this case has since been acquitted on all counts.

During a murder defendant’s trial readiness hearing Jan. 31, DC Superior Court Judge Ronna Beck continued the proceeding for a fifth time.

Dewayne Shorter Jr., 28, is charged with first-degree murder while armed, possession of a firearm, assault with the intent to kill while armed and unlawful possession of a firearm during a crime of violence for allegedly shooting 38-year-old Daniel Parker on the 2000 block of Fairlawn Ave. SE in 2017.

While the defense’s DNA results are expected to be ready for trial, counsel was concerned about getting the results to the prosecution on time.

The prosecutor also told the judge that he received an email from a firearm examiner for the case.

The email said that ballistics evidence would be ready within the next week.

The dates for the previous trial readiness hearings were supposed to occur on Aug. 8, Aug. 5, and Jan. 31. The new hearing date is scheduled to occur on Feb. 6.

Corrine Simon wrote this story.

Good Chance Defense Will Test DNA, Attorneys Say

During a status hearing, Jan. 31, counsel said the defense plans to independently test the evidence with their own experts.

Antonio Upshaw, 31, and co-defendant Gabriel Brown, 33, are both charged with first-degree murder while armed for their allegeled involvement in the murder of Tyrone Johnson, 24. The incident occured on March 10, 2017, on the 2300 block of Pennsylvania Avenue, SE.

However, before a decision can be made, defense attorneys Kevin Irving and Ronald Resetarits said they needed more time to go through evidence.

The defense also raised concern over grand jury material being too heavily redacted, saying that it won’t be of any use.

The prosecution sent the defense results, notes and data in January.

DC Superior Court Judge Todd. E Edelman told both parties to come to an agreement over what information they wish to have unredacted.

Judge Eldeman scheduled a status hearing on Feb. 25.

This article was written by Lea Gianasso.

Document: Vehicle Sought in Suitland Parkway Hit and Run

The Metropolitan Police Department (MPD) seek the public’s assistance in identifying a vehicle of interest sought in a traffic fatality involving a pedestrian that occurred on Tuesday, January 28, 2020, on Suitland Parkway (inbound) near the Irving Street (outbound ramp), SE.

Cheryln Ninette Bell, 49, was crossing from the south side of Suitland Parkway, heading towards Irving Street, SE, when she was struck by an unknown vehicle.

Police are currently looking for the vehicle (pictured below), is described as a black in color Nissan. The vehicle may have damage to the front bumper/grill area and to the front windshield.

Vehicle of interest sought in hit and run.

Anyone who has knowledge of this incident should take no action but call police at (202) 727-9099 or text your tip to the Department’s TEXT TIP LINE at 50411. Crime Solvers of Washington, DC currently offers a reward of up to $1,000 to anyone who provides information that leads to the arrest and indictment of the person or persons responsible for a crime committed in the District of Columbia.

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‘I didn’t shoot and kill Orlando,’ Defendant Says

The defendant said he did not shoot and kill the victim during the seventh day of a murder trial.

Marquette Tibbs is charged with first-degree murder while armed, conspiracy to commit a crime of violence, robbery while armed with a firearm and possession of a firearm during a crime of violence for allegedly shooting Orlando Silver III, 37, on the 1300 block of Howard Road, SE, in 2016.

“It’s messed up,” Tibbs said. “He (Silver) doesn’t deserve it.”

Tibbs was the defense team’s fifth witness on Jan. 30. He spoke about the timeline leading up to the shooting.

Tibbs said he met Silver four months prior to the incident. The men met outside of a store where Tibbs sold marijuana. He said the two became business associates — Silver supplied Tibbs with marijuana.

Tibbs also had a friend, who he referred to as “Black,” which is Cinquan Cartledge’s nickname.

Cartledge, 25, whose case was severed from Tibbs, 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.

On the day of the incident, Cartledge drove Tibbs to a location where an alleged gun exchange was going to take place. Tibbs said he was going to trade his Smith and Wesson gun with an associate of Silver. Tibbs said he was under the impression that the gun was a Beretta gun, which was worth more value than his Smith and Wesson.

During the exchange, Tibbs said he didn’t see Cartledge. Tibbs said the only people there were Silver, Silver’s associate and himself. Tibbs and Silver’s associate exchanged guns but after examining the Beretta, Tibbs said he decided he did not want to trade.

Tibbs looked at the gun and thought it was a “table gun”.

Table guns are displayed on tables at gun shows and cannot be used due to a piece inside of it blocking the chamber. Therefore, Tibbs decided he wanted his gun back.

But, the associate pointed a gun at Tibbs.

“As soon as I seen the gun raised at me, I grabbed his wrist.” Tibbs told the jury.

Tibbs said he feared for his life. He said he and the associate had a physical altercation over the gun. The gun then fired a shot. Tibbs said he was paranoid and fled the scene.

“I did not touch the gun. I didn’t shoot and kill Orlando.” Tibbs said.

Tibbs said it was the associate who fired the shot that hit Silver in the back.

The prosecuting attorney cross-examined Tibbs on his lack of communication with Silver in regards to checking up on him after he heard the shot.

Tibbs said he said he ran because he needed to get away from the scene before the police came. He said he was scared about the police finding him with an illegal weapon.

“I was just discombobulated,” Tibbs said. “I was trying to figure out what had just happened.”

The trial is scheduled to continue with the defense’s last witness on Feb. 3.

Corrine Simon and Arielle Frank wrote this story.

Judge Allows Character-Building Evidence

A DC Superior Court judge allowed the prosecution to present evidence would provide detail to interactions a murder defendant’s had before a man was stabbed. However, defense counsel voiced concern that it would be unfair.

39-year-old Keith Archie is charged with murder in the second-degree while armed. He allegedly stabbed Demond Marcel Rush on the 3600 block of 22nd St., SE in 2017.

Apparently, Archie allegedly had a profane interaction with his ex-wife and daughter on the night of Rush’s stabbing. During the hearing, Archie’s defense attorneys, Jason Tulley and Sylvia Smith, said that the evidence may wrongfully bias a jury against the defendant.

On Jan. 29, DC Superior Court Judge Neal Kravitz ruled that the prosecution would be allowed to present the evidence at trial, citing its importance in establishing Archie’s state of mind during the time period.

Opening statements for the trial are set to occur on Feb. 3.

Written by Wyatt Mullins

Prosecution Paints Picture of Murder with Photos of Victim and Crime Scene

During the second day of a murder trial Jan. 29, along with photos of the body, the prosecution presented ballistic diagrams of bullets found on the crime scene.

Mason Binion, 32, is being charged with first-degree murder while armed after allegedly shooting Michael Francis Taylor, 21, on the 600 block of Farragut 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.

According to the prosecutor, any person would be concerned about how a friend of theirs was killed and in what position they would be found in, the prosecution explained. Alluding to the fact that Taylor was found face down in the grass of an alleyway.

The photos showed that Binion and his co-conspiritors were careless with the murder of Taylor, according to the prosecution. The prosecutor said that because Taylor was found face down in an alleyway, the crime was done fast and without warning. The prosecutor also pointed out the various bullets and cartridges found on the scene.

Taylor had seen his alleged killers as his friends, one of the witnesses, who was Taylor’s friend, told the jury. “Taylor thought everything would be okay, he told me that him and Mason were friends.”

A witness of the murder said she heard a “Pop” then an “Ow” then another “Pop”, and shortly after saw what she thought was a blue SUV speed off. The prosecutor said the car the witness referred to was the car Binion was driving that night.

Binion’s defense attorney, Kristin McGough, stated there were multiple cartridges found at the crime scene, including one that did not match the same type of firearm as the others. She said that not all of the bullets found at the crime scene were connected to the case.

McGough also said that, due to the angle of the witnesses home and the darkness of the alleyway at night, she said she found it hard to believe that the witness would be able to see the car speed off.

Joshua Ellis Massaquoi, who was diagnosed with schizophrenia, is also charged with first-degree murder. He is being held at St. Elizabeth’s Hospital, DC’s psychiatric hospital and scheduled for a status hearing on Feb. 5. His case was also separated from the other two defendants.

Massaquoi, 32, is scheduled to testify in Binion’s trial on Jan. 30.

This article was written by Jailynn Caraballo

Document: Police Arrest Suspect in F Street Shooting

The Metropolitan Police Department arrested a man they believe is connected to the fatal shooting of another man in Northeast, DC.

According to a press release, officers charged 27-year-old Stanley Brown with first-degree murder while armed for allegedly shooting 36-year-old Jimmy Beynum on the 1600 block of F Street, NE on Jan. 23.

Beynum, who was taken to a local hospital, succumbed to his injuries on Jan. 29.

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Prosecutor Tries to Pin Third Charge on Murder Suspect

On Jan. 29, a prosecutor tried to connect a murder defendant to an additional crime that took place around the same time he allegedly committed a murder.

Joseph Melton, 51, a resident of Southeast DC, was charged with first-degree murder while armed for allegedly stabbing Kevin Chamberlain, 48, on the 2400 block of Virginia Avenue, NW on Jan. 14. According to a press release, he was also charged with assault with the intent to kill with a knife for another incident that occurred earlier that same day.

DC Superior Court Judge Danya Dayson found probable cause that Melton committed the murder and the assault because of a description that a witness gave of the defendant to 9-1-1.

Judge Dayson did not find probable cause for a third assault the prosecution tried to charge Melton with, which occurred in the same area, on the same day within the same time frame.

During the preliminary hearing, the prosecutor showed a video recording of a person, who is believed to be the defendant, attacking one of the victims. The prosecutor also showed a picture of the weapon that was allegedly used to attack the victim.

Melton’s defense attorney, Joseph Wong, requested that the prosecutor turn in the body camera footage that had content in regards to Melton’s case. Wong said he believed the person identified on the video looked different from the physical description of Melton.

Judge Dayson scheduled a felony status conference for May 1 to discuss footage’s content.

This article was written by Naysha Carrasquillo

‘We can’t blame whoever is most convenient,’ Defense Attorney Says

During opening statements the prosecution and defense showed both the suspect and the victim as young men with a lot of life ahead.

Mason Binion, 32, allegedly shot Michael Francis Taylor, 21, on June 22, 2008, on the 600 block of Farragut street., NW. Binion is charged with first-degree murder while armed. He is currently released on personal recognizance.

The prosecutor said Taylor was only 21 and was planning on continuing his degree in criminal justice with hopes of working for the government.

According to multiple witnesses, Taylor was a joyful and fun person to be around.

But, Binion’s defense attorney, Kristin McGough, spoke about the events of that morning. She said that the prosecution was doing a poor job of painting a full picture of Taylors’ day. More happened that day the prosecution did not want the jury to know about, said the defense.

According to a witness, there was an altercation in the neighborhood on the day of the shooting. Apparently, Taylor pulled out a gun and shot into the air.

McGough said that if he was willing and able to shoot a gun into the air, then he is not completely innocent.

“We can’t blame whoever is most convenient,” McGough said.

The trial is scheduled to continue on Jan. 29.

Victor Carvajal’s case was dismissed the day before opening statements. Carvajal was also charged with first-degree murder while armed. Joshua Ellis Massaquoi, who was diagnosed with schizophrenia, is also charged with first-degree murder. He is being held at St. Elizabeth’s Hospital, DC’s psychiatric hospital

This article was written by Jailynn Caraballo.

Judge Declares Mistrial in Murder Case

During a status hearing on Jan. 28, a judge declared a mistrial and ordered a new trial date for a murder defendant.

Kimberly Thompson was convicted of first-degree murder in March of 2019 for shooting Charles Mayo, 53, on the 1900 block of Bennett Place, NE.

Thompson’s defense attorney, Kevin Mosley, said the prosecution failed to turn over documents that could exonerate Thompson. As a result, DC Superior Court Judge Milton C. Lee declared a mistrial.

“There is only one witness that implicated Thompson, and that witness has a family connection to the victim,” said Mosley.

The specifics of the evidence were not discussed.

Judge Lee asked the prosecution to explain why the evidence wasn’t turned over when it was first received.

“It was just negligence on our part,” said the prosecutor. The prosecution reiterated that there was no ulterior motive for not turning over the evidence.

Judge Lee agreed and said that he believed it was just negligence on the part of the prosecution.

He set a new trial date for Feb. 6.

This article was written by MiriYam Judd

Data Shows Christmas As Only Homicide-free Holiday in DC

D.C. Witness data uncovered a bit of Christmas cheer within a dark trend throughout the city. According to D.C. Witness data, there has been at least two homicides on major holidays, except the religious holiday.

From 2015-2019 homicides have occurred on all major American holidays, including Thanksgiving, Halloween, Fourth of July, Labor Day, New Years Eve, New Years Day and Easter.

Most of the homicides recorded on a major holidays occurred on Independence Day, July 4. Independence Day has had more homicides than all other holidays with five occurring since 2015.

Halloween is the second holiday with the highest murder toll in DC with four murders since 2015.

There have been four homicides on Thanksgiving since 2015, including two homicides that occurred in 2019.

The graph shows the number of homicides in Washington, DC per each holiday from 2015-2019.

D.C. Witness reported that Tyree Pugh, who was a 25-year-old man, was fatally shot on Nov. 28, 2019, on the 1700 block of Trenton Place, SE. Police have not arrested any suspects in Pugh’s case.

Michael Andre Francis was fatally shot earlier that day on the Unit block of Danbury Street, SW. The incidents were unrelated.

Police arrested Michael Fahnbulleh, a resident from Gaithersburg, Md., for allegedly shooting the 28-year-old man.. Fahnbulleh, 26, is charged with first-degree murder while armed. He is scheduled for a preliminary hearing on Feb. 7.

New Year’s Day and Easter holidays have had three homicides, each since 2015.

Labor day has recorded only two murders within the same timespan.

However, there has not been any instances of homicides on Christmas day.

Dec. 25 remains the one major holiday in which no homicide has been recorded.

D.C. Witness has covered nearly 800 homicides in DC since 2015.

Ellery Groth contributed to this article.

Murder Defendant Chooses Trial Over Manslaughter Plea

During a status hearing Jan. 28, a murder defendant rejected a plea offer.

Dajuan Jones, 17, is charged with first-degree murder while armed for allegedly shooting Cheyenne Washington on the 4400 block of E Street, SE on July 18. Jones is also charged with possession of a firearm during a crime of violence, carrying a pistol without a license outside of a home or place of business, possession of an unregistered firearm, and unlawful possession of ammunition.

Apparently there was a transportation issue with Jones, so the hearing was rescheduled to the afternoon. The issue was not revealed in open court.

The prosecution extended a plea offer of voluntary manslaughter while armed.

Jones said he decided to reject the offer. Instead, he requested to go to trial.

The prosecution said that if Jones were to accept the offer, he would be eligible for the Youth Rehabilitation Act. The Youth Act would not be available if Jones goes to trial.

According to DC Courts, Jones’ trial is set to begin on Feb. 24. Counsel for the prosecution told DC Superior Court Judge Todd Edelman that they expect to call around 10-12 witnesses.

Jones is scheduled for a trial readiness hearing on Feb. 7, 2020.

Corrine Simon wrote this article.

Document: Traffic Fatality Suitland Parkway (Inbound) Near Irving Street, SE

On Jan. 28, a pedestrian was killed in a traffic accident on Suitland Parkway (Inbound) near the Irving Street, SE exit ramp.

According to a MPD press release, officers responded to Suitland Parkway, where they observed an unconscious individual laying in the inbound lanes of travel just prior to the Irving Street, SE exit ramp.

DC Fire and Emergency Medical Services responded to the scene and determined that there were no signs of life.

The decedent has been identified as a 49 year-old Cheryln Ninette Bell, of Southeast, DC.

A preliminary investigation of the traffic crash revealed Bell was crossing from the south side of Suitland Parkway, heading towards Irving Street, SE, when she was struck by an unknown vehicle.

This case remains under investigation.

Anyone with information regarding this incident is requested to contact the Metropolitan Police Department at (202) 727-9099.

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Judge Releases Juvenile Murder Defendant

During a felony status conference Jan. 28, a judge agreed to release a murder suspect on the condition that he continues to wear a GPS ankle monitoring device.

J’Whan Simpson is charged with first-degree murder while armed for allegedly shooting Domonique Franklin, 16, on the 200 block of M Street., SW, on Aug. 30, 2019. Simpson is being tried as an adult.

She also said that if he failed to comply with his release conditions, which also include keeping the battery charged on his monitor, he would be sent back to jail.

Simpson’s attorney, Rachel Cicurel, asked DC Superior Court Judge Juliet J. McKenna to allow Simpson, 17, to be released from jail after his return from Virginia. She pointed out that Simpson has complied with the rules regarding his current home arrest.

“He hasn’t left the house when he wasn’t supposed to; he keeps it fully charged,” she said.

Simpson is also wanted on larceny charges in Virginia. He is being transported there on Jan. 30.

His attorney said she believes that because his charges in Virginia were not violent in nature, his pending murder charge in DC will take priority and he will be transported back to the district.

The prosecution argued that Simpson’s charges make him a danger to society and also a flight risk.

Another felony status conference is scheduled to occur on Jan. 31.

This article was written by MiriYam Judd

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