Lead Forensic Scientist Fails to Recover all Evidence

During day three of a murder trial, the defense said the lead forensic scientist failed to recover a portion of evidence, which was not her first offense of this nature.

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. He allegedly shot and killed Orlando Silver III, 37, on the 1300 block of Howard Road, SE, in 2016.

During the first inspection of the evidence, the scientist, who is employed with the Department of Forensic Science, said she patted down the jacket and pants to ensure that there were no sharp objects inside.

Following that, she said she inspected what she thought was every pocket of the jacket and pants.

The forensic scientist failed to recover $330 from the jacket pocket and $60 from the pants pocket. The money was found when defense counsel conducted a search.

Following the incident, the scientist received a letter of reprimand from her supervisor that informed her of evidence from the case that she failed to recover.

The scientist has a record of similar infractions. In two other cases, the scientist made other mistakes that involved failure to remove ammunition from a gun and contaminating evidence from a crime scene.

Another forensic scientist, from Signature Science Laboratory in Texas, said he reviewed a DNA swab from Tibbs’ cheek and a swab from the gun which was a mixture of two individuals’ DNA.

The scientist said he could not determine the source of the DNA on the gun. He said the gun sample was incomplete and not suitable for comparison because there were too many contributors and it was difficult to distinguish.

Tibbs’ trial is set to continue on Jan. 27.

Written by Corrine Simon

Prosecution to Produce Missing Discovery Items Days Before Trial

During a trial readiness hearing Jan. 23, defense attorneys said they were not given all the evidence from the prosecution, making them unable to be prepared for trial.

Keith Archie, 40, allegedly stabbed 32-year-old Demond Marcel Rush on the 3600 block of 22nd Street, SE in July of 2017. Archie had previously rejected a second-degree murder while armed plea deal.

Archie’s attorneys, Sylvia Smith and Jason Tulley, said that the prosecutors were not cooperating in regards to filing items into the court.

“It took six weeks for them to respond to my emails,” said Tulley.

The defense attorneys said they are missing emails, phone data with time stamps, and unredacted police reports from the prosecution. In addition to not hearing back from the prosecution, the defense said they had not been given notice of any filing of evidence. Smith and Tulley asked DC Superior Court Judge Neal Kravitz to issue an instruction to the jury, so that they are aware of the extenuating circumstances.

The prosecution argued that the instruction would be highly prejudicial to their case and that a dismissal of the case would be less prejudicial.

“Discovery needs to be complete, not substantially complete,” Judge Kravitz said.

Tulley said the cases are much different now than they were 20 or 30 years ago. Looking through videos, bodycam footage and files are more time consuming now than they used to be, he told the judge.

“I think an instruction would infer that the prosecution was hiding information because their case was weak,” said Judge Kravitz.

The prosecution agreed to work with the defense in making sure everything was turned over before next week’s trial.

Jury selection for Archie’s trial is scheduled on Jan. 27

Opening statements are slated for Jan. 28.

This article was written by Jailynn Caraballo, MiriYam Judd, and Lea Gianasso.

Jury Selection for 12 Year Old Murder Case Includes Questions About Drugs

During jury selection Jan. 23, a DC Superior Court judge interviewed potential jurors on a case that the prosecution theorized was the result of a drug deal gone bad.

Mason Binion, 32, Victor Carvajal, 33, and Joshua Massaquoi, 32, are charged with first-degree murder while armed for their alleged role in the shooting of Michael Francis Taylor, 21, on the 600 block of Farragut Street, NW, on June 22, 2008.

The proceeding started with a basic skeleton of questions that probed whether the potential jurors knew any of the defendants, defense attorneys, or prosecutors. Judge Ronna Beck also asked jury candidates if they were going to be able remain impartial if the defendants chose not to testify, invoking their fifth amendment right.

Judge Beck asked if the potential jurors had any dealings or strong feelings towards narcotics specifically marijuana.

The prosecution said Jan. 22, during the trial readiness hearing, that a question about marijuana and narcotics was needed. According to the prosecution, the question aligned with a theory that Taylor’s death came as a result of him not being able to secure a few pounds of marijuana for Binion, Carjaval and Massaquoi, despite having allegedly turned money over to sellers.

Ultimately, 16 jurors were selected with four alternates. Two of which were dismissed today and told they would be called in case of emergency. Two others will be dismissed after closing arguments are made.

All the alternates were randomly selected by number before being selected for the trial.

Opening statements are scheduled to begin on Jan. 27.

Jaylin Hawkins wrote this story

Judge Grants Defense Request for Extra Time in Light of Possible Plea Deal

During a status hearing, Jan. 23, a defense attorney asked a DC Superior Court judge for more time to discuss plea deals with a murder defendant.

DeAndre Houston, 20, was charged with first-degree murder while armed with a firearm on Nov. 1, 2019, for the alleged murder of Roderick Thomas, 27, on Oct. 11, 2018.

Houston’s defense attorney, Betty Ballaster, said she is involved in school and needs more time, requesting a one and half month continuance, to negotiate a plea deal.

The prosecution said all of the evidence was already given to the defense.

District of Columbia Superior Court Judge Craig Iscoe granted the prosecution a continuance on April 19, 2019, for both parties to review case filings. Houston pleaded not guilty at his felony arraignment on Aug. 12, 2019, previously denying a plea deal that would drop his charges from first-degree-murder to second-degree.

Houston received a change of council on Oct. 11, 2019, after requesting a new attorney in September of 2019. Judge Iscoe approved Houston’s request and appointed Betty Ballester to represent him.

During the investigation, police found a black backpack with a book from a local elementary school, which they traced back to Houston and were able to find his fingerprints. Witnesses told police that they saw a black individual holding a gun, arguing with Thomas near a black Audi. Houston’s prints were later found on the Audi.

The parties agreed to discuss the plea deal in question, as well as the litigation that is currently on hold until the next hearing.

District of Columbia Superior Court Judge Kravitz took the case over in December of 2019.

Houston’s jury trial is scheduled to occur on May 3, 2021.

A status hearing is scheduled on March 13.

This article was written by Jailynn Caraballo, MiriYam Judd and Lea Gianasso.

Police Recover Murder Weapon

During a murder trial Jan. 22, a Metropolitan Police Department (MPD) officer testified to recovering a firearm that the murder defendant allegedly dropped in a grassy, wooded area. The area was located a few blocks away from the crime scene.

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

The MPD officer said he used a lookout description of the suspect, which he received through radio dispatch to canvas the area. Once confirming that an individual matched the description, the officer pursued Tibbs.

According to the officer, Tibbs threw the firearm into a grassy-wooded area and continued running past two fences in the woods. The officer said he was faced with a difficult decision after losing sight of Tibbs.

“Immediately I stopped and had to make a decision to stop or to pursue him,” said the officer.

When Tibbs disposed of the firearm, the officer was able to identify that it was a dark object. After a thorough canvas of the area, which took about 8-10 minutes, he said he spotted the firearm.

“Immediately I had to let the dispatcher know I had indeed a weapon recovery on the 2500 block of Pomeroy.”

According to the MPD officer, he stayed with the firearm to ensure it wasn’t moved or tampered with. Meanwhile he reported on the radio a lookout description of Tibbs.

Another officer apprehended Tibbs. In order to identify that it was the same suspect, the first officer went to Tibb’s location, while a different officer stayed with the firearm. With a silent head nod, the officers were in compliance that this was their suspect.

Despite a forensic scientist obtaining 15 fingerprints from the scene, a representative from the Department of Forensic Sciences said that only five of the fingerprints had enough quality to go through the analyzation process.

According to the representative, five fingerprints of value were recovered. The department found one sample, which was a print of a left palm, on the hood that matched with Tibbs.

According to the representative the other prints that could not be matched to the victim, Cinquan Cartledge, who is also charged with the murder, or Tibbs.

Corrine Simon wrote this story.

Defense Brings Judge and New Prosecutor Up-to-Speed on Murder Case

During a status hearing Jan. 23, a defense attorney updated a DC Superior Court judge and the case’s new prosecuting attorney on various motions that were filed in a murder case.

Dewayne Chatman, 33, is charged with first-degree murder while armed for allegedly shooting 29-year-old Evan Williams on the 4000 Block of 3rd Street, SE in 2016. Chatman is also being charged with 21 other counts, including assault with the intent to kill, threat to kidnap or injure a person and unlawful possession of a firearm.

Dominique Winters, Chatman’s defense attorney, stated that the complainant sustained serious injuries following the shooting, and allegedly suffered from multiple mental health-related issues.

A witness named multiple other people besides Chatman as the shooter. The witness was also unable to identify Chatman before being shown a picture of him.

The defense’s theory is that GPS evidence will exonerate Chatman as none of the witnesses’ statements place the suspect in the same place as the GPS data places Chatman.

Chatman’s trial is set for April 6.

A motion hearing is scheduled to occur on March 9, 2020

Written by Wyatt Mullins and Arielle Frank

Judge Permits Statements from Victim and Murder Defendant

During a trial readiness hearing Jan. 22, a DC Superior Court judge said that select statements from a murder victim and a murder defendant were admissible during trial.

Judge Ronna Beck allowed 10 statements that Taylor said before his murder, and five statements that Binion said before and after the murder. The statements are so that counsel can question witnesses about the murder and the prosecution’s theory that Taylor’s death was in connection to a drug deal gone bad.

Judge Beck also said that including Carvajal in the drug deal theory was not admissible during trial because there was no concrete evidence that he or his money was involved in the deal.

Carvajal’s defense attorneys, Justin Okezie and Lucas Dansie, also filed a motion for a continuance for reasons that were placed under seal and addressed at the bench.

The parties also discussed possible questions for jury selection which will take place on Jan. 23.

Opening statements for Binion and Carvajal’s trial is slated to begin on Jan. 27.

Murder Defendant Didn’t Mean to Kill the Victim, Prosecutor Says

During open statements of a murder trial Jan. 21, the prosecution told a jury that the murder defendant had no intention or want to kill the victim.

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

According to the defense, Marquette Tibbs and Orlando Silver III knew each other prior to the incident. They were business partners, selling marijuana together. Tibbs asked Silver if he knew of anyone that wanted to trade guns. And, he did.

“Someone who sells marijuana has no reason to rob their supplier,” Prescott Loveland, an attorney for the defense said Jan. 21, during his opening statement in the trial.

Silver gave Tibbs and Cinquan Cartledge, who is also being charged with the murder, his contact information and they arranged a time to meet.

At the meeting, there was a physical altercation between Tibbs and Silver’s associate when Tibbs decided that he did not want to proceed with the trade. During the physical altercation, the gun went off and recoiled, hitting Silver in his back and exiting through his abdomen.

“It sounded like a loud firecracker pow,” a witness who was near the scene said.

That witness was the first person to provide aid to Silver.

The witness said the gunshot was directly outside of her bedroom window and instantly got up to look. After going outside, the witness found Silver struggling to breath and holding his side. That’s when the witness frantically made the 911 call and officers of the seventh district were dispatched to the scene.

On the scene, police officers recovered one shell casing and Tibbs‘s fingerprints.

The prosecutor explained the homicide events step-by-step on Nov. 26, 2016.

During the time of the murder, Tibbs and Cartledge were both on GPS monitors. Based on their location, the GPS monitoring pinged them at the crime scene at that exact time.

Tibbs fled the scene.

A Metropolitan Police Department patrol officer was one of the first to respond to the crime scene. Instead of pursuing the suspect, the officer stayed on scene to gather accounts from witnesses and to canvas the area. Witnesses provided the officer with a description of what the suspect was wearing from a witness at the crime scene.

According to Silver’s aunt, the victim had a heart condition. Therefore, he was issued a medical marijuana card.

A different officer, who was driving, spotted Tibbs in the same Helly Hansen jacket witnesses described him as wearing. The officer tried to make contact, however, once Tibbs saw the officer, he disposed of the gun and continued to run.

Instead of choosing to pursue Tibbs, the officer stayed with the gun so that he could recover the evidence.

A different officer apprehended Tibbs and he was later taken into custody.

Tibbs trial is set to resume trial on Jan. 22.

Corrine Simon wrote this story

Judge Rejects Defense’s Subpoena for Surveillance Footage

During a felony status conference Jan. 17, a motion was granted to reject a defense subpoena for the surveillance footage to not be used.

Melvin Simmons, is charged with first-degree murder while armed with a firearm. He allegedly shot 28-year-old Ronald Brown on the 1700 block of Trenton Place, SE on Aug. 22, 2019.

The defense submitted a subpoena to obtain all the camera footage, prior to the hearing. Even though edited portions were disclosed initially, the defense requested access to the full footage for their case.

DC Superior Court Judge Neal Kravitz accepted the request to stop the subpoena in light of protecting the identities of the witnesses portrayed on the camera footage.

Simmons defense attorney, Ieshaah Murphy, opposed the protective order from the prosecution.

The prosecution told the judge an indictment would be secured, The prosecutor said the full nine-month period to get the indictment would be utilized.

A status hearing is scheduled to occur on Feb. 28.

This article was written by Corrine Simon

Case Acquitted: Jury Would Convict Murder Defendant, Judge Says

Tierra Posey was acquitted of all charges on March 20, 2024.

During a preliminary hearing Jan. 21, a DC Superior Court judge found substantial probability against a murder defendant.

Tierra Posey, a resident of Southeast, DC, is charged with second-degree murder while armed for allegedly shooting 21-year-old Tia Carey on the 3700 Block of Minnesota Avenue, NE on Jan. 6.

Judge Anita Josey-Herring said that she believed the prosecution would more than likely be able to convict Posey, 21, during a jury trial.

According to court documents, Carey and a witness were traveling to her house when she asked to stop at a gas station.

When she and the witness, along with four minors arrived at the gas station, Carey got out of the car and approached another vehicle.

After approaching the driver side of the vehicle, Carey began to yell at a man for dating another girl. She began to punch the man in the chest, then he pushed her off.

Carey then walked to the back passenger seat and began to pull clothes out of the car.

When she stopped pulling the clothes out the car she then hit the driver.

Posey, who was sitting in the front passenger seat. Posey exited the vehicle and the two began to physically fight.

The witness, who went to the gas station with Carey, the man she initially approached and another witness attempted to separate the women.

When the witnesses who pulled the women apart went back to their respective vehicles, Posey pulled out a gun and shot Carey twice. The gun was allegedly located on the passenger side of the vehicle she was riding in.

The homicide was caught on near-by surveillance cameras.

Posey is scheduled for a felony status conference on Feb. 20.

Defense Counsel Needs Time to Discuss DNA Testing

During a status hearing Jan. 17, defense counsel told a DC Superior Court judge that more time was needed to discuss DNA testing.

Bernard Mckinney is charged with first-degree murder while committing or attempting to commit a robery with a firearm, assualt with the inent to rob while armed, possesion of a firearm during a crime of violence and robbery while armed. Mckinney allegedly shot 24-year-old Daymond Chicas on the 300 block of 50th street near Kelly Miller pool on June 12, 2018.

Judge Neal Kravitz suggested that the trial date from July 2021 to July 13, 2020.

An official change would take place when counsel can agree on a suitable date.

A status hearing is scheduled to occur on Feb. 28, 2020.

Document: Arrest Made in an Assault with a Dangerous Weapon (Gun) Offense: 900 Block of Wahler Place, Southeast

The Metropolitan Police Department (MPD) announced an arrest has been made in connection to a non-fatal shooting incident that occurred Jan. 17 on the 900 block of Wahler Place, SE.

According to MPD documents, officers responded to the location for the report of a shooting. When they arrived, they were notified two juvenile male victims had sought treatment at a local hospital for gunshot wounds. Additionally, a dog was recovered inside the residence with gunshot wound injuries. The dog was transported to a local emergency veterinary hospital for treatment.

The investigation of the scene revealed the offense was the result of a dispute between known parties. The victim and the dog were inside the residence when multiple shots were fired from outside.

On Jan. 17, officers arrested and charged 18-year-old Robert Brown with assault with a dangerous weapon.

The case remains under investigation.

Shooting Trend Continues in DC

For another month, shootings have accounted for more homicides in DC than any other crime.

There have been 10 homicides in DC. Nine of the ten were from gun-related shootings. One was from trauma. Most of the homicides in November, October and September were from shootings.

Shootings have accounted for most of the violent deaths in December, according to D.C. Witness data. According to the data, even though there was a 29 percent drop in homicides from November to December of 2019, most of the death were still gun-related.

There was also another fatal shooting of a transgender individual on Dec. 30. The death has not been classified as a homicide by the Office of the Chief Medical Examiner. According to a press release, armed private security guards were securing a vacant building when they came in contact with another armed individual. Gunfire was exchanged and the wounded individual fled from the scene.

The individual, whose identity has not been released, was later found by officers. The individual did not display any signs consistent with life, according to the release. The death is under investigation.

Data shows that homicides increased in Ward 5 from one gun-related death to three. Homicides also increased by two in Ward 4, including the death of 40 year-old Jose Martinez- Coto, a resident of Northeast, DC who suffered from blunt force trauma.

Police believe the homicide stemmed from an alleged robbery on July 22, 2019. Martinez-Coto succumbed to his injuries on Dec. 4, 2019. According to a press release from the Metropolitan Police Department, two juveniles were apprehended. The juveniles were charged with robbery by use of force and violence.

It is unclear if the juveniles will be charged with murder.

Data also shows that the number of homicides in Ward 8, an area that is notorious for having the most homicides in the city month over month, dropped from six homicides in November of 2019 to two in December, a 67 percent decrease. The victims include 27-year-old Tyshaun Turner on Dec. 23, 2019, and 30-year-old Taboris Johnson on Dec. 6, 2019. Both victims were fatally shot.

Homicides also decreased in Ward 7 by 50 percent. and in Ward 1 from two homicides to none.

The number of homicides remained unchanged in Ward 6 with one in November and one in December.

Police arrested five suspects in connection to the murders that happened in December.

Arrests include 43-year-old Diantre Smith, who is charged with first-degree murder while armed for allegedly killing 28 year-old Nyesha Lenea Galloway on the 400 block of 42nd Street, NE on Dec. 20, 2019.

Smith is scheduled for a preliminary hearing on Feb. 21.

Police also arrested Jerome Alexander for allegedly shooting 28-year-old Richard Washington on the 3900 block of Minnesota, NE on Dec. 19, 2019. He is scheduled for a preliminary hearing on Jan. 28.

Vaughn Alexander Kosh was arrested for allegedly shooting Alayna Dawnielle Howard on Dec. 7, 2019 on the 1700 block of Capital Avenue, NE. He is scheduled for a mental observation hearing on Jan. 24.

Defense Requests Earlier Trial Date for 2017 Homicide

During a felony status conference on Jan. 17, DC Superior Court Judge Neal Kravitz granted another hearing for Jordan Smith.

Jordan Smith, 32, is charged with first-degree murder while armed and two firearm offenses for his alleged role in the shooting of Yashika Green, 42, on the 200 block of Wayne Place, SE in 2017.

According to defense attorneys, Mani Golzari and Sylvia Roberta J. Smith, the purpose of the hearing was to ensure that Smith, who was released in November of 2019, was in compliance with his high intensity supervised program (HISP) release conditions. The attorneys also wanted to set an earlier trial date.

In November 2019, attorneys were close to going to trial. However, due to some complications on the defense side, they were not able to proceed. Therefore, the trial was postponed to July 12, 2021.

According to the defense, a disclosure should have been made when Smith was released, however it was not.

DC Superior Court Judge Neal Kravitz wanted Smith to return to court in 30 days in order to resolve any issues and for the attorneys to find an earlier trial date. Attorneys said they expect the trial to last around two weeks.

A hearing where Smith will decide if he wants to independently test DNA material is scheduled to occur on Feb. 28.

Defense Asks to Continue Sentencing

During a sentencing Jan. 17, defense counsel asked a judge for a continuance after the prosecution mentioned another stabbing that involved one of the defendants.

Kevon Pinkett and Keith Johnson pleaded guilty to voluntary manslaughter while armed for stabbing 49-year-old Edwin Richardson on the 2900 block of Martin Luther King Jr. Avenue, SE on April 5.

Defense attorney, Lisbeth Sapirstein, asked DC Superior Court Judge Danya Dayson for a continuance because, in a memorandum, the prosecution mentioned a 2019 stabbing where Pinkett, 19, was the victim.

Sapirstein said the prosecution tried to use the stabbing as a way to make Pinkett’s criminal history seem worse, even though he was the victim in that case.

She asked to continue the sentencing until she had time to look into the case herself.

She also asked that the prosecution hand over any surveillance footage in connection to the stabbing, which she said she believed occurred at a metro station in April of 2019.

The prosecutor said she did not want to continue the case because Richardson’s family showed up to court .

However, after speaking with the family, she agreed to continue the case because she felt the other stabbing that involved Pinkett was a necessary part to arguing for a harsher sentence.

The prosecutor also said she did not believe the defense was entitled to the video footage of the stabbing because that was a separate, unrelated matter.

Johnson’s defense attorney, Dominique Winters, said that all of the letters in support of Johnson, 25, had not been sent to the judge’s chambers. She did not oppose a continuance.

Judge Dayson said that if the prosecution planned on using the stabbing in a way that differs from the pre-sentence report and the youth rehabilitation act then the defense deserves time to investigate the stabbing more.

She also said the prosecution should do research into the surveillance footage of the stabbing because it counts as something the defense would need to know about. She said the footage could help the defense argue for less time in prison.

The sentencing in now scheduled to occur on Feb. 28.

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