Judge Grants Continuance in Light of New Evidence

During the trial readiness hearing on Jan. 24, the defense requested a continuance after receiving videos hours before the hearing that were used in a sentencing for another court case.

Herman Lee Cook, 40, was charged with second-degree murder while armed for allegedly shooting Donald Stephan Johnson Jr, 45, on Aug. 8, 2016.

Herman’s defence attorney, William R. Buie III, said he received videos earlier that morning regarding two pending cases the prosecution relied on for the sentencing referendum. The prosecution is to give additional disclosure to the defense but under the terms of a protective order.

Buie said the new material is necessary in order to give a full picture, particularly regarding a third undisclosed allegation brought against Cook in Maryland.

The prosecution made representations at the bench in regards to what exactly was in the videos and how they could be tied into the case. The prosecutor also said all necessary evidence in regards to the videos and surrounding circumstances would be turned over.

District of Columbia Superior Court Judge Juliet McKenna held that if the prosecution is aware of any prior physical altercations between the suspect and victim, or of any prior arrests of the victim, that this be disclosed with the defense.

A status hearing is scheduled to occur on Feb. 10 to enable both parties to be prepared for trial. Trial is slated to occur on Feb. 12.

This article was written by Lea Gianasso.

Fatal Stabbing Case Goes to Trial in June

During a status hearing Jan. 28, counsel said they were ready for a case to be retried.

Leonard Smith, 32, is charged with first-degree murder while armed for allegedly stabbed Leonte Butler, 26, on March 11, 2017, on the 4000 block of South Capitol Street, SE.

One of Butler’s defense attorneys, Anthony Matthews, said that a lot was resolved during the trial and nothing new has arisen since.

“I don’t anticipate the government filing any additional motions,” said the prosecutor.

In December of 2019, DC Superior Court Judge Danya Dayson declared a mistrial.

Smith is currently living in a halfway house and has been granted a work release.

DC Superior Court Judge Anita Josey-Herring set a trial readiness hearing for June 12, 2020.

Trial is set to begin on June 29, 2020.

This article was written by MiriYam Judd

Murder Defendant Pleads Guilty to Involuntary Manslaughter

During a felony arraignment on Jan. 21, a murder defendant pleaded guilty to an involuntary manslaughter.

Adrian Vinson 19, was initially charged with first-degree murder while armed and unlawful possession of a firearm for his involvement in the shooting of 19 year-old Tahill Byrd on Sep. 29, 2019, on the 600 block of S Street NW.

The first-degree murder charge and unlawful possession of a firearm charge were dropped in the plea deal.

Counsel agreed that Vinson would be subject to serve from three to five years in prison.

DC Superior Court Judge Ronna Beck accepted Vinson’s plea.

According to court documents, investigators retrieved video from a surveillance camera located at 1730 7th Street, NW.

The footage shows Byrd riding a moped in the 1700 block of 7th Street, NW passing S Street, NW. A few seconds later Vinson is seen in the 600 block of S Street, NW on the north sidewalk.

Vinson is seen shooting across the street in the direction of Byrd.

Byrd appears to make an attempt to retreat by turning the scooter and he was shot immediately and fell to the ground.

Vinson’s sentencing is scheduled to occur on April 3.

Document: Homicide at Union Station

The Metropolitan Police Department is investigating a homicide that occurred on the 700 Block of 1st Street, NE.

According to a press release, during the morning rush hour officers found 20 year-old Anthony Williams suffering from a stab wound. The investigation at the scene revealed the offense occurred on the Metro platform at Union Station.

Later that day, officers arrested 23 year-old Angel Moses, charging the suspect with second-degree murder while armed. Twenty-nine-year-old Edward Everstine was also arrested and charged with accessory after the fact.

The investigation revealed that the homicide occurred from a dispute between the three individuals.

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2nd Degree Stabbing Moves to Trial

Instead of selecting a jury Jan. 27, counsel used the first day slated for a murder trial to dispute evidence.

Keith Archie, 39, 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.

The prosecutor filed a notice listing evidence, including notes from police officers who were on the scene after the stabbing as well as body cam footage. One of the two prosecutors told DC Superior Court Judge Neal Kravitz that source documents from potential witnesses and from every police officer and the detective involved were also turned over to the defense.

Archie’s defense attorneys, Sylvia Smith and Jason Tulley, said they needed source documents from one more detective involved in the case. This detective is currently under investigation and has been removed from homicide branch. He is currently a patrol officer.

The defense said that because the officer was transferred against his will, he would be more inclined to testify in favor of the prosecution’s theory, so he could get his old job back.

DC Superior Court Judge Neal Kravitz instructed the prosecution to get documents from the Metropolitan Police Department (MPD) that explained the officer’s transfer.

Smith and Tulley also asked the prosecution to inform them of specific text messages between the defendant and his mom that they intended to use during trial. The counselors said the 250 pages of documents were too many to go through.

However, the prosecutors argued that specifying messages would place them in a“pigeon hole”. The prosecutors said the text messages would restrict their case to the messages that were handed over.

Judge Kravitz said he was “not aware of any discovery rule which requires the prosecution tell the defense in advance with items it will use.” But, Judge Kravitz said that he thought 250 pages is too much for the defense to sift through.

The prosecution agreed to identify certain text messages they would use during trial.

Jury selection is slated to begin on Jan. 29.

Opening statements for the trial are set for Feb. 3.

Written by MiriYam Judd and Wyatt Mullins

Counsel Needs to Agree on Jail Calls Before Proceeding, Judge Says

A judge continued a trial readiness hearing to allow parties to agree on which jail calls to use during trial. Together, the calls span more than four hours.

Raymond Avent, 20, is charged with first-degree murder while armed for allegedly shooting 23-year-old Rafiq Hawkins on March 23, 2019, on the 1200 block of Brentwood Road, NE.

During the hearing on Jan. 27, the defense and prosecution agreed to identify portions of the calls that were relevant to their respective cases. A substantial number of calls were disputed. A prosecutor on the case said she wants to play the full four and half hours for the jury.

She said it would be necessary in painting a picture for the jurors.

Defense attorney, Leonard L. Long Jr., said he was unwilling to allow the prosecution to play all of the recordings because the entire span of calls were not relevant.

DC Superior Court Judge Anita Josey-Herring said that it would be easier for the parties to come back once their issues were resolved.

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

This article was written by Jailynn Caraballo and Lea Gianasso.

Judge Establishes Probable Cause

A judge ruled Jan. 24 that the prosecution established probable cause. However, due to issues with a witness’s statements, the judge could not find substantial probability.

J’Whan Simpson is charged with first-degree murder while armed for allegedly shooting Domonique Franklin, 16, on Aug. 30, 2019, on 200 block of M St., SW. Simpson, 17, is being tried as an adult.

District of Columbia Superior Court Judge Juliet McKenna said that because of the inconsistencies in the witness’s statements, including a nickname that lacked validation, she could not find substantial probability that Simpson would be convicted by a jury.

Judge McKenna granted the defense’s request for release on the grounds that Simpson is a juvenile who turned himself in.

“I will give you the benefit if the doubt,” Judge McKenna said.

Simpson was released to the high intensity supervision program with stipulations, including the fact that he is not allowed to return to DC without his lawyer. There are other stipulations connected to Simpson’s release that were not disclosed in open court.

The prosecutor objected on the grounds that the victim was cooperating with the prosecution in another case. The prosecutor also said there is further evidence, in Virginia, that the suspect is involved in criminal offenses, namely grand larceny and theft.

According to defense attorney, Rachel Cicurel, the prosecution’s case relies on the testimony of one witness who supplied authorities with contradicting statements.

Cicurel also said the witness’s identification of the murder defendant by his nickname,”Sixteen,” was unconfirmed. The defense attorney said the witness’s confirmation was based on hearsay.

A felony status hearing is scheduled to occur on Feb. 8.

This article was written by Lea Gianasso.

Defense Argues that Investigation by Lead Detective is Insufficient

During a motions hearing on Jan. 24, defense counsel questioned a lead detective about his investigation of a murder case.

Deon Crowell, 50, is charged with first-degree murder while armed for allegedly stabbing Joni Rockingham, 53, on the 300 block of 34th Street, NE on Dec. 12, 2017. Police discovered Rockingham in the River Terrace neighborhood unconscious and unresponsive among several garbage bins with a significant amount of dirt on top of her.

The defense argued that the detective had not sufficiently investigated the case. According to the defense, the detective missed foundational steps in building the case because he became the lead investigator later on in the case.

Apparently, cases for various other suspects who engaged in violent behaviors, including her ex-boyfriend who assaulted her on multiple occasions and another individual who had been caught on surveillance cameras assaulting Rockingham in a liquor store’s parking lot, were dismissed by the detective.

The detective said he did not look into any of the other suspects. He only investigated Crowell.

Additionally, defense counsel said the detective neglected to do frequent check-ins with other officers about the case and was unaware of various smaller-scale investigations that pertained to the case. Details on the smaller-scale investigations were not disclosed in open court.

The detective confirmed that he had a history of losing vital evidence in another case that was not related to the murder investigation. The detective also said he had been suspended from his duties for 10 days.

According to a press release from MPD, Rockingham had been an active subject of a Youth and Family Services Division missing persons case. She had been seen at a club several weeks before her body was discovered. The release said there had been reports of a woman being forced into a car. Rockingham was reported missing on Nov. 24, 2017.

Witness told police that Rockingham may have been been killed because of her involvement in several other homicide cases and trials, according to court documents.

DC Superior Court Judge Dayna Dayson said she expects to make a ruling on the motions in Crowell’s case on Feb. 11.

This article was written by Noa Donovan

Judge Denies Motion to Release Powell Before Trial

A judge denied Jan. 24 a defense attorney’s request for a murder defendent to be released prior to his trial.

Tyrell Powell, 22, a resident of Southeast, DC, was charged with first-degree murder while armed for allegedly shooting 22-year-old Semaj Alsobrooks. The shooting occurred on the 3900 block of East Capitol Street, NE on Sept. 4, 2019.

This is the second time DC Superior Court Judge Todd Edelman has denied release. Judge Edelman said the release was denied because he found, in November of 2019, that there was probable cause that Powell, who is also known as Marco D Powell, committed the murder.

During the status conference, Powell also switched attorneys. Pierce Suen and Jason Tulley will represent him in place of Judith Pipe.

Powell is scheduled for another felony status conference on Feb. 28.

A trial date has not been set.

Corrine Simon wrote this story.

Document: Police Investigate Homicide on Sherman Avenue, NW

The Metropolitan Police Department is investigating a homicide that occurred on the 2900 Block of Sherman Avenue, NW on Jan. 26.

According to a press release, officers found 19-year-old Andy Bonilla, a resident of Northwest, DC, suffering from multiple gunshot wounds. He was taken to an area hospital where he was pronounced dead.

The department is offering up to 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. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

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Document: Homicide on N Street, SW

The Metropolitan Police Department is investigating a homicide that occurred on the Unit Block of N Street, SW on Jan. 26 .

According to a press release, officers found 36-year-old Eric Delonte Barbour, a resident of Southwest, DC, suffering from multiple gunshot wounds. He was taken to an area hospital where he was pronounced dead.

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Judge Denies Murder Suspect’s Release from Home Confinement

A judge denied Jan. 24 a motion to remove a murder defendant from home confinement.

Eric Smith, 20, is charged with first-degree murder while armed for his alleged involvment in the death of 38-year-old Rondell Wills on the 200 block of 50th Street, NE on May 3, 2018. Wills was not the intended target and was shot while protecting children when a drive-by shooting occurred, according to court documents.

DC Superior Court Judge Neal Kravitz said that he did not know enough about the case to make a decision about whether home confinement should be removed. Judge Kravitz also told the defense attorney that she should refile a motion to remove the defendant from home confinement.

Smith’s defense attorney, Ieshaah Murphy, said the defendant should be removed from home confinement because he did not have any violations since it was first set in August of 2019.

During the status hearing, the prosecutor said he would make a decision in the next 30 days about whether he would conduct DNA testing.

According to the prosecutor, there is not any evidence on Smith’s Icloud that can be used against him in court.

Smith’s next hearing, when the defense will decide if they will conduct DNA testing, is scheduled on May 22.

Naysha Carrasquillo wrote this article

Prosecution Failed to Comply with Court Order, Defense Says

During a mental observation hearing Jan. 24, a defense attorney claimed that the prosecution was not following through on a court order that a DC Superior Court judge issued.

Alisa Randall, 31, is charged with second-degree murder while armed for allegedly stabbing 59-year-old Ronald Jones in an apartment on the 1300 block of Euclid Street, NW on July 15, 2019. Apparently, Randall said Jones attacked her. She also said Jones sexually assaulted her daughter.

The defense attorney for Randall, John Fowler, said Judge Craig Iscoe mandated a court order for the prosecution to turn over unredacted body camera footage of potential witnesses commenting on Randall’s mental state. Judge Iscoe previously presided over the case.

Fowler also requested that DC Superior Court Judge Neal Kravitz ask the prosecutor how much progress she made in regards to speaking with detectives who might have discussed or received information about Randall’s mental state. Fowler said he wanted this information in order to build a not guilty by reason of insanity defense.

According to Fowler, the court order stated that the prosecution would look through all the body camera footage and un-blur the faces, give names, and contact information for anyone that referenced Randall’s mental state, so that Fowler could question the witnesses about their comments.

The prosecutor said she turned in the body camera footage once she received the recording. She also said she gave the defense witness contact information and grand jury testimony.

The prosecutor said she would look into the defense’s requests and disclose all the necessary information about statements made to the detectives and any responding officers to the scene of the murder by mid-March

Randall’s latest mental competency exam came back with a result of her still not being able to stand for trial, according to Judge Kravitz.

Neither party disagreed with the findings of the report, however Fowler said the statutory limit would be reached soon because Randall had served a combination of 11 months at Saint Elizabeth’s Hospital, DC’s psychiatric institution, and substantial progress did not seem to be obtainable.

Fowler said he wanted a 30-day check in while the prosecutor wanted to meet in 60 days.

Judge Kravitz decided to meet in the middle with a 45 day check in.

A status hearing is scheduled to occur on March 6.

Naysha Carrasquillo

Judge Issues Bench Warrant for Murder Defendant

After considering release for murder defendant, a DC Superior Court judge ultimately decided to issue a bench warrant for a murder defendant.

Gary Proctor, 47, is charged with first-degree murder while armed, possessing a firearm during a crime of violence, unlawfully possessing a firearm during a crime of violence, carrying a pistol outside a home or business, and unlawful possessing ammunition in connection to the murder of his cousin, Jerome Diggs, 42. The victim died on Jul. 27, 2015, on the 1300 block of First Street, SW in his home.

DC Superior Court Judge Dayna Dayson issued the warrant to hold Proctor until his next hearing because he also has a case in Maryland.

Judge Dayson scheduled a status hearing on March 9.

Noa Donvan wrote this article

Murder Defendant Claims Remorse Despite Prior Statement

During a sentencing Jan. 24, a murder defendant expressed remorse before receiving his sentencing.

Donnell Mills, 30, pleaded guilty Oct. 22, 2019, to second-degree murder while armed. He was initially charged with first-degree murder while armed and attempt to commit armed robbery for allegedly stabbing Jelani Mohammed, 38, on the 1500 block of Benning Road, NE on Nov. 8, 2018.

“I am very sorry for all of it and did not mean for it to go the way it went,” Mills told DC Superior Court Judge Milton Lee.

The attempt to commit armed robbery charge was dropped.

Judge Lee sentenced Mills to 21 years in prison and recommended that he receive credit for the time that he had already served. The judge ordered mental health and drug treatment during Mills’ time in prison. Mills is required to serve five years of supervised release.

The prosecution recommended a 22-year sentence in prison.

“I’m living with an ache in my heart that will never heal. A part of me died with him,” the victim’s mother told Judge Lee.

Members of the victim’s family continuously expressed their concerns for the possibility of the murder defendent receiving a lighter sentence.

“He cussed me out for expressing how I felt about my brother’s death,” the victim’s brother said, referring to a prior incident in court. On Oct. 16, the defendant disrupted the victim’s brother and used vulgar words during an impact statement.

Mohammed’s family and friends nearly filled the entire left side of the courtroom.

“He does feel remorse and can’t undo what is done. Whatever sentence he is given, he will be a much older and mature man,” Mills’ defense attorney said.

Corrine Simon wrote this story.

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