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Judge Postpones Sentencing Until Defendant Can Be in Court

A sentencing hearing on Nov. 15 had to be postponed because the defendant was being held outside DC’s jurisdiction.

Traveous Lamont Brown pleaded guilty to second-degree murder while armed in June 2018 for his role in the fatal shooting of Adam Edwin Barker in 2016 on the 2000 block of Langston Place, SE. Paul Swann has also been charged in this murder, and was sentenced to 17 years in prison for second-degree murder in June.

Though Brown was scheduled to be sentenced today, but he was not present in court because he is being held outside of DC for another matter.

It was not stated where he was being held or why, but court documents show that federal officials are holding him on an unrelated and unspecified matter.

Brown’s sentencing was rescheduled for Jan. 3, 2020.


Murder Defendant Takes Plea Deal For Homicide in Homeless Shelter

A murder defendant pleaded guilty Nov. 15 to aggravated assault for an incident that occurred in a homeless shelter. Marco Scott-Bey, 32, pleaded guilty to aggravated assault for the murder of 53-year-old David Bodrick on the 1300 block of New York Avenue, NE. on July 31. During a preliminary hearing, Scott-Bey’s defense counsel, Madalyn Harvey, told DC Superior Court Judge Milton C. Lee that the defendant would be taking a plea deal. The 32-year-old pleaded guilty to aggravated assault for a maximum of 10 years in prison. All other charges were dropped. The prosecution said that Scott-Bey got into an altercation with Bodrick at a homeless shelter over a blanket that was allegedly stolen. Scott-Bey then punched Bodrick in the head and fractured his skull. Bodrick later passed away from a brain injury in late August. AScott-Bey is scheduled for a sentencing on Jan. 31, 2020.

Judge Appoints New Attorney for Murder Defendant

During an ascertainment of counsel hearing Nov. 15, a murder defendant received new counsel.

Gary Proctor, 41, was convicted of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence and carrying a pistol outside a home or business on Aug. 1. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs, on July 27, 2015, on the 1300 block of First Street, SW.

DC Superior Court Judge Danya Dayson said she had received a letter from Proctor, which she interpreted as a request for new counsel.

Proctor is now represented by Betty Ballester. The defendant’s former defense attorney was Steven Kiersh. Both attorneys are with the Public Defenders Service of DC.

On Sept. 30, Kiersh filed a motion for a new trial, citing problematic arguments made by the prosecution, including one in which the prosecution described the strength of the case as being like a seesaw with one big kid at one end and smaller kid at the other.

Kiersh said the description made it sound as if the defense’s burden equals that of the prosecution, when in fact the burden is entirely on the prosecution.

Ballester did not indicate if she wished to continue with the motion. It was not said in open court why Proctor did not wish to be represented by Kiersh any longer.

Proctor is scheduled for a status hearing on Dec. 2

Judge Gives Murder Defendant Credit for Time Served

A DC Superior Court judge sentenced a murder defendant to eight years in prison but gave him credit for time served for cooperating with the prosecution. Steven Pugh pleaded guilty to second-degree murder for his involvement in the shooting of 39-year-old Marcellus Green on the 3200 block of 28th Street, SE. Chief Judge Robert Morin, sentenced Pugh, 26, to eight years with credit for time served because Pugh agreed to cooperate with the government in exchange for a benefit. The benefit would allow Pugh to serve a little more than three years in prison. Dominique Williams and Maricco Knight were also arrested and charged in connection to this case. Williams, 25, was sentenced to 24 years in prison after being found guilty of second-degree murder while armed in May 2018. Knight, 26, was sentenced in May of 2018 to seven years in prison for being an accessory after the fact and six years for obstruction of justice. Both sentences are being served at the same time. Knight filed a notice of appeal in May 2018. Pugh testified during William’s and Knight’s joint trial, which the prosecutor said was “crucial,” to the convictions. He also testified in front of the grand jury for an unrelated case The prosecutor recommended that Pugh be sentenced to eight and a half years with credit for time served. He said that he wanted Pugh to receive a benefit for his help but, believed that if Pugh had not been driving the car the night of the murder, Green would still be alive. The defense asked the judge to sentence Pugh to five years in prison with credit for time served and to also recommend that Pugh serve his sentence in a facility far away from the District because of the threats made to his life. No family or friends of Green were present in court to make victim impact statements. However, the family was at the sentence hearings for William and Knight. Pugh’s family was not in court. Pugh said his family has received death threats since his cooperation. “I accept full responsibility for what I did in all of this but, I did help and I did risk my safety and my families safety.” According to court documents, Pugh was driving the get away car on the night of the murder. After police found Pugh’s vehicle Pugh led them on a high speed chase for about 30 minutes. Apparently, Pugh also gave Williams the gun that killed Green. Green was not the intended target.

Document: Potomac River Rapist Arrested, Also Charged with Murder

During a news conference Nov. 14, Metropolitan Police Chief Peter Newsham announced that, with the help of the Montgomery County Police Department, the Federal Bureau of Investigation, the United States Attorney’s Office and the US Marshals Service, a suspect wanted in connection to several sexual assaults and a murder had been arrested.

Sixty-year-old Giles Daniel Warrick was arrested Nov. 13 and charged with first-degree murder and sexual assault.

According to a press release, Warrick is being charged for the death of 29-year-old Christine Mirzayan, a congressional fellow, in 1998. Mirzayan was finishing a policy fellowship program in DC.

During the evening hours on Aug. 1, Mirzayan was walking in the 3600 block of Canal Road, NW, when the suspect approached her, the release said. The suspect physically and sexually assaulted the victim. On Aug. 2, 1998, the victim was found dead at the listed location.

Nesham said she had been struck several times in the head with a large rock in addition to being raped.

Warrick, who owned a landscaping company and was a utility contractor, is also connected to nine other assaults in the Washington-metropolitan area from 1991-1998. The victims ranged in age from 18 to 41 years old.

Newsham said Warrick’s DNA was a match to all of the attacks.

There is a possibility that other assaults may have occurred. It is believed that Warrick recently relocated to South Carolina from the District.

Anyone with information about this case or believes they may be a victim is asked to call the Metropolitan Police Department at 202-727-9099 or the FBI at 1-800-CALL-FBI (1-800-225-5324). Anonymous information may be submitted to the department’s TEXT TIP LINE — 50411. A tip can also be submitted at https://tips.fbi.gov/.

“I want to my heartfelt condolences to the Mirzayan family, to Christine’s family, to all the victims of the attacks that were plagued by these heinous acts,” Newsham said.

11 14 19 Arrest Made in 1998 Cold Case

Counsel, Judge Resolve Issues Before Murder Trial

Even though opening statements in a murder trial were set to begin on Oct. 28, they have not because of several issues raised by counsel. 

Sean Baker, 40, is charged with second-degree murder while armed in the Jan. 31 stabbing death of 35-year-old Robert Wiggins on the 300 block of 37th St., Southeast. Baker was initially charged with assault with intent to kill. Baker is a transgender woman. 

On Nov. 14, counsel worked to resolve several issues before opening statements could begin. The issues included, a waiver of conflict, a motion regarding evidence obtained from Baker’s cell phone, testimony from a witness, the unauthorized search of Baker’s apartment, information on a previous assault against Baker, jury instruction on bias, updates on immunity agreements for witnesses and the extent of any bias the defense plans to raise against the prosecution. 

In 2016, Baker’s case was initially assigned to defense attorneys, Janet Mitchell and John Fowler. However, Mitchell was dismissed later that year and Baker was appointed new defense counsel, Dominique Winters. All three attorneys are from the public defender’s service. 

During the proceeding, a signed waiver of conflict-free counsel was given to the judge. 

The waiver was required because Baker was assigned different PDS attorneys after expressing a conflict with PDS counsel. 

The waiver stipulates that Baker cannot claim ineffective counsel if found guilty. 

During the proceeding the defense also requested a suppression of evidence from an unauthorized search, claiming that Baker’s sixth amendment rights were violated. Apparently, Mitchell gave authorities permission to search Baker’s apartment. Mitchell gave the permission without speaking to Baker. 

However, Judge Edelman did not agree, stating that the unauthorized search was more of a strategic maneuver from counsel that became erroneous. 

Judge Edelman ruled Nov. 13, to suppress text all content found on Baker’s cell phone. 

Because of the ruling, the defense filed another motion to suppress testimony from a witness who was only contacted after the cell phone was scanned for information.

Defense attorney, John Fowler, said the witness was coerced. Fowler said the witness did not want to testify against Baker but feared that if he didn’t he would go to jail.

But, the prosecution said the witness willingly complied.

Judge Edelman denied the defense’s motion, saying that even though the witness may have been reluctant to testify, he still showed up to interviews and gave the prosecution access to his phone.

Judge Edelman also said Baker’s cell phone records, specifically text messages between Baker and the witness, could not be introduced as evidence. However, the witnesses’ text messages with Baker could be used as part of the prosecution’s theory.

Opening statements are scheduled to begin on Nov. 18.

Murder Defendant Pleads Not Guilty, Requests Trial Date

A murder defendant pleaded not guilty Nov. 14 to any connection with the death of man in Southeast, DC.

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.

The defense also submitted a request for discovery. 

Ndiaye, 20, is also charged with robbery while armed, possession of a firearm during a crime of violence, obstruction of justice, tampering with evidence and destruction of property.

The prosecutor said that some discovery had already been submitted, but she was waiting on a protective order to be approved to submit the rest. 

Ndiaye’s defense attorney, Roderick Thompson, said he received the order late and needed some time to go over it. 

In response DC Superior Judge Todd Edelman set a status hearing to make sure evidence was being given to the defense. The status hearing is set on Jan. 31, 2020. 

Thompson also requested that a trial date be set. The trial is expected to begin on Sept. 29, 2020. The prosecution has not offered Ndaye a plea deal in the case as of Nov. 14. 

Document: Police Arrest 2nd Suspect in Triple Homicide

On Nov. 13, members from the Metropolitan Police Department arrested a man who was wanted in connection to a triple homicide that occurred on Jan. 26.

Jonathan Winston, 30, is charged with first-degree murder while armed for his alleged involvement in the shooting deaths of 26-year-old Sean Shuler, 26-year-old Javon Abney and 24-year-old Tyrik Hagood on the 1500 block of Fort Davis Place, SE.

Rakeem Willis, the other suspect in the homicides, was arrested on June 11. He was also charged with first-degree murder while armed.

Willis, 28, is scheduled for a status hearing on Dec. 4. Winston is scheduled for a preliminary hearing on Nov. 26.

The case is still under investigation, according to a press release.

The police department is offering a reward of up to $25,000 to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for any homicide committed in the District of Columbia. Anyone with information about this case is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

 



11 13 19 Second Arrest Made in a Homicide 1500 Block of Fort Davis Place, Southeast

No Blood is on a Murder Weapon, DNA Analyst Says

An analyst confirmed that there was no blood on the suspected murder weapon during a trial on Nov. 14.

Leonard Smith is charged with second-degree murder for allegedly stabbing Leonte Butler, 26, on the 4000 block of South Capitol Street, SE in 2017.

The analyst said that tests could not detect blood on a knife from the crime scene.

She also said a small amount of DNA was recovered from handle of the knife, however, it was not enough to make a match to any person.

She added that environmental factors, such as extreme heat, or rain, could have also compromised the DNA.

Smith’s defense attorney, Anthony Matthews, inquired if the analyst had any reason to believe the knife had been exposed to such factors. The analyst said that she had not.

During the proceeding, the prosecution called another witness, whom the defense believes is an alternative suspect.

The witness testified that he met Butler a few months earlier and thought they were friends. The witness said that he and Butler were not very close friends. He said that Butler spoke with a stutter, and the witness also had one when he was a child, which helped them bond.

The witness testified that he, Butler, and Smith, who is now 33, had been drinking and using drugs that night. Camera footage showed the men walking between a local liquor store and the houses of two other friends.

Apparently, Smith had been mocking Butler’s stutter for much of the night. The witness said he mocked Butler as well.

According to the witness, the mocking led to a confrontation between Smith and Butler.

Smith grabbed Butler’s coat, then Butler tried to pulled away from Smith, the witness said. Butler apparently smacked Smith in the face while he was pulling away from Smith. Smith then stabbed Butler “multiple times” in the body.

The witness said he walked away, instead of trying to help Butler. He then returned with Smith to their friend’s house where the witness says he got sick.

The trial is scheduled to resume on Nov. 18.

Attorney Requests Competency Exam For Murder Defendant

A DC Superior Court judge granted a defense attorney’s request for a competency exam in a murder case.

Reginald Turner, 34, is charged with second-degree murder while armed with a firearm for his alleged role in the shooting of 37-year-old Malik Muhammed on the 800 block of Taylor Street, NE on Nov. 26, 2018. Muhammed died from his injuries on Dec. 1, 2018. Turner also has an assault with intent to kill charge in Prince George’s County, Maryland.

Turner’s defense attorney, James King, requested that the defendant undergo a 24-hour competency exam, with a specific focus on Turner’s ability to assist in his own defense.

A status hearing is scheduled on Nov. 20 to discuss the results of the exam.

Turner is being offered a global plea for charges he has in DC and Maryland. A global plea would require Turner to first serve his sentence in Maryland and then serve his sentence in Washington, DC.

Counsel said that if Turner pleaded guilty to second-degree assault in Maryland, prosecutors in DC would offer him a deal for voluntary manslaughter while armed.

According to the terms of the plea agreement, Turner could serve three to eight years in prison for his charges in Maryland and 10.5-18 years in prison for his charges in Washington, DC.

Paul Mulholland wrote this story.

Judge Refuses to Withdraw Plea, Sentences Murderer to 19 Years

During a sentencing Nov. 13, a murder defendant was sentenced to 19 years in prison. 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. Jones, 19, was initially charged with first-degree murder while armed and assault with a dangerous weapon. Jones pleaded guilty to the murder on Jan. 11. DC Superior Court Judge Ronna Lee Beck accepted Jones’ guilty plea in January. However,  Jones tried to withdraw his plea in June, stating that he had limited education and thought the plea agreement represented a maximum sentence as opposed to an agreed sentence. Judge Beck did not accept Jones’ motion to withdraw. She said she was not satisfied with the defendant’s explanation for wanting to get out of the plea. According to the terms of the deal,  if Jones pleaded guilty to second-degree murder while armed, and two counts of assault with a dangerous weapon, the prosecution would recommend a sentence of 19 years in prison. “Nineteen years is not nearly long enough. In 19 years, I can’t walk by a cemetery and say ‘okay son, you can come back now,'” Fisher’s mother told Judge Beck. The mother said Fisher was her only son. He would have graduated high school and attended the University of the District of Columbia, she said. “The pain is what I remember, because I still feel it.” Fosher’s mother told Judge Beck.  She said she has thoughts of suicide, and how she is disappointed to wake up each day, still alive. The prosecutor also told Judge Beck that Jones had shot two other people, who survived, the same day Fisher died. The prosecutor also said that he has never seen someone plead guilty and show less remorse than Jones. Jones’ defense attorney, Dorsey Jones, said that both of Jones’ parents were drug addicts, and he spent much of his childhood in foster care. The attorney told Judge Beck that Jones’ IQ is in the third-percentile for 19 year olds. In his defense, Jones only told the judge that he wanted to withdraw his plea. Even though Judge Beck rejected Jones’ motion to withdraw the plea, she said he had the right to appeal her decision later if he wished. The sentence “is not a reflection on how serious this was or the extent of the loss,” Judge Beck said. A guilty plea brings the case to an end and gives more certainty, she said. Jones is required to serve five years of supervised release after his prison term, He must also register as a gun offender.

Judge Delays Murder Trial

A DC Superior Court judge granted the defense’s motion to suppress cellphone evidence on a murder defendant’s phone.

Sean Baker is charged with second-degree murder while armed for his alleged role in the Jan. 31 2016, stabbing of 35-year-old Robert Wiggins on the 300 block of 37th Street, SE. Baker, 40, is a transgender woman. 

DC Superior Court Judge Todd E. Edelman suppressed the evidence because the warrant used to obtain the cellphone’s content was too broad. There was no time limit or limits on what was specifically needed on the cellphone.

He also said there was also no probable cause at the time the warrant was created. 

The prosecution also requested that opening statements not be made Nov. 14, so several issues could be resolved.  The prosecutors said the suppression would change their strategy.

The prosecution also said there is a potential conflict of interest with Baker’s current Public Defender’s Services (PDS) counsel because she has had previous issues with PDS.

D.C. Witness reported on ethical issues with Baker’s former defense attorney, Janet Mitchell, who works with the PDS.

Apparently, Mitchell authorized law enforcement to search for the murder weapon in Baker’s apartment without discussing it with Baker first.

The prosecution said there is a possibility that if Baker is convicted, she has the potential to appeal her conviction on the basis of ineffective counsel. The prosecution requested a written waiver be signed in order to avoid any future potential issues.

Judge Edelman requested the parties reach an agreement on what the ethical issues are moving forward and that a written waiver be produced by the defense team.

Trial is scheduled to resume Nov. 14, however, opening statements are not scheduled to begin.

Murder Defendant Pleads Guilty to Killing Ex-Girlfriend

A murder defendant took a last minute plea deal for second-degree murder for killing his ex-girlfriend

Ronald Randolph pleaded guilty to second-degree murder while armed for shooting Shameka Delphine Jones, 32, on the 2200 block of Savannah Terrace, SE on July 22, 2017.

During a trial readiness hearing Nov. 13, Randolph’s defense counsel, Madalyn Harvey, told DC Superior Court Judge Todd Edelman that Randolph, 42, would take a plea deal.

According to the plea agreement, all other charges would be dropped.

The prosecution and defense agreed upon a sentence of 20-28 years in prison. The exact sentence is up to the discretion of Judge Edelman. 

Under the District of Columbia voluntary sentencing guidelines, Randolph could have been sentenced up to 40 years in prison for second-degree murder while armed.

“I feel satisfied you have entered into this guilty plea willingly” said Judge Edelman 

Randolph is scheduled to be sentenced on Jan. 31, 2020.

Judge Continues Murder Defendant’s Status Hearing

Dearren Robert Dawkins and 18-year-old Titus Iracks are charged with felony murder, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, robbery while armed, attempt to commit robbery while armed and conspiracy while armed for his alleged involvement in the shooting of 43-year-old Larry Harrell on the 1200 block of Mount Olivet Road, NE on June 13, 2018. Iracks is a Title 16 youth being held at DYRS.

Judge Danya Dayson granted a mutual continuance, according to DC Courts. The hearing is scheduled to continue on Nov. 19.

A wired plea deal, which could only be valid if both defendants accept it, was offered on Nov. 6.

The deal is scheduled to remain open until Nov. 19, according to DC Courts.

The defendants rejected two other plea deals in January and October.

According to court documents, 23-year-old Dawkins, who was with Iracks, said Harrell pulled out a gun and opened fire first. Fearing for his safety, Dawkins said he pulled out his own gun and returned fire. At the time of the alleged murder, Iracks was wearing a GPS tracking device which placed him near the crime scene.

Document: Homicide on Wheeler Road, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 4300 block of Wheeler Road, SE.

According to a press release, officers found 21 year-old Majhe Powers sufferring from gunshot wounds on Nov. 12. He was pronounced dead at a local hospital.

The department is offering a reward up to $25,000 for information that leads to an arrest and conviction in this case or any other homicide in Washington, DC.  Anyone with information about this case 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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