Search Icon Search site

Search

DNA Consumption is Scientifically Unnecessary, Defense Says

A murder defendant’s defense attorney said that he may oppose the prosecution conducting DNA testing which would destroy the sample. Torey Stockton, 21, is charged with first-degree murder while armed for his alleged role in the death of 23-year-old Jasmine Light on the 2000 block of 16th Street, SE  on Jan. 17, 2018. His co-defendant Kayla Thompson is charged with obstruction of justice. “It seems like something that isn’t scientifically necessary,” said Stockton’s defense attorney Justin Okezie. The prosecutor previously said he did not intend to order any DNA testing but, in a status hearing on Nov. 7, he told DC Superior Court Judge Danya Dayson that there was one item he wanted to test. The prosecutor has to file a DNA Consumption motion, since conducting the testing would destroy the evidence. Okezie accused the prosecution of testing the evidence without cause. Judge Dayson said the prosecution’s request did not seem out of the ordinary, but she plans to rule on whether she would allow DNA consumption at the next status hearing on Dec. 11. Before the evidence can be tested a new DNA sample needed to be collected from Stockton, according to the prosecutor. Okezie said that either he or Stockton’s other defense attorney, Gemma Stevens, needed to be present when the sample is collected in order to ensure it is done properly. Judge Dayson rescheduled Stockton and Thompson’s trial for July 6, 2020, in order to accommodate a conflict in her schedule. Siena Rush wrote this article.

Prosecution Wants to Use Murder Defendant’s Previous Statements to Attorney

A prosecutor asked a judge to rule on the admissability of statements made by a murder defendant in conversation with an old attorney. Sean M. Baker, 40, is charged with second-degree murder while armed in the January 2016 stabbing 35-year-old Robert Leroi Wiggins on the 300 block of 37th Street, SE. Baker is a transgender woman. During resumed trial on Nov. 6, two prosecutors told DC Superior Court Judge Todd Edelman they could not continue with trial until they resolved an evidence dispute. The prosecutor said Baker’s original attorney, Janet Mitchell, gave the prosecution information about a specific conversation with Baker in her cell block. She asked for Mitchell’s notes from the meeting as well as any information that Mitchell conveyed to Baker’s new counsel, John Fowler, about the conversation. After a conversation with the prosecution, the defense asked the judge to schedule a hearing to decide if the statements are admissible. Fowler said that Mitchell would testify that there was no waiver of client-attorney privilege. Judge Edelman said that Baker’s accusation of ineffective counsel waived client-attorney privilege. Judge Edelman also said that due to his professional and social relationship with Mitchell he would pass the issue on to DC Superior Court Judge Mckenna.  Baker filed a motion for ineffective counsel and replaced Mitchell in October of 2016. A motions hearing is set to continue on Nov. 7. Ellery Groth wrote this article.

Despite Being New, Counsel Requests a Trial Date

During a status hearing Nov. 6, a newly appointed defense counsel requested a trial date despite only being on the case for less than a month. Edward Hampton Brown, 57, is charged with first -degree felony murder while armed and robbery while armed for his alleged involvement in the murder of Michael Mahoney, 71, on the 2300 block of 11th Street, NW on Feb. 5, 2018. Defense attorney, Kevin Mosley, requested that a trial date be set for late 2020 because he said he felt that since the prosecution had not offered a plea deal yet, he should prepare for trial. DC Superior Court Judge Milton C. Lee granted Mosley’s request and set a trial date for Oct. 5, 2020. D.C. Witness previously reported that, Brown requested new counsel because his relationship with attorney Kevin Irving was not working. Judge Lee also asked Brown if he thought he could work well with Mosley. To which Brown answered yes. He also said that he would use the first day of trial to rule on the outstanding motions. Judge Lee gave Mosley until Jan. 3, 2020, to file motions and gave the prosecution until March 6, 2020, to file responses. Two prosecutors told the judge that they believe their case would last about six to seven days. A trial readiness hearing is scheduled on Sept. 11, 2020. Jaylin Hawkins wrote this article.

Judge Sends Murder Defendant to Hospital For Competency Restoration

During a motions hearing Nov. 5, the defense requested that statements made by a murder defendant to her previous attorney be suppressed.

Sean Baker, 40, was charged with second-degree murder while armed for allegedly stabbing 35-year-old Robert Wiggins on the 300 block of 37th St., SE on Jan. 31, 2016.. Baker was initially charged with assault with intent to kill.

The prosecution told DC Superior Court Judge Todd Edelman that they intend to use statements made by Baker to her former attorney, Janet Mitchell. Mitchell represented Baker from Feb. 2016 to Oct. 2016.

The precise content and relevance of the statements were not discussed in open court, but Baker apparently told Mitchell the location of a knife at the crime scene, which Mitchell then relayed to the prosecution.

Baker’s current attorneys, John Fowler and Dominique Winters, requested that the statement be suppressed since Baker never waived attorney client privilege.

Since Mitchell, Fowler and Winters all work for the Public Defender Service, and are therefore co-workers, a criminal justice attorney represented Baker in order to argue in court for suppression.

The prosecution requested another day to consult with supervisors about how to proceed with the case. Judge Edelman granted the request.

The jury trial, which was scheduled to begin today, was continued to Nov. 6.

Baker is also scheduled for a status hearing on Nov. 6.

Paul Mulholland wrote this article.

Suicides in the District

Between Jan. 1 and Oct. 15, there have been 45 suicides that have occurred in Washington, DC, according to the Office of the Chief Medical Examiner of Washington DC.

Of those 45 suicides 10 victims resided in Maryland, two people had no fixed address and two other victims resided outside the region. Twenty-eight victims resided in DC.

Most of the victims were between the ages of 30 to 39 years old at the time of death. There was only one victim over the age of 80. Five victims were between the ages of 13 to 19 year old.

Given the data, most people died of suicide by hanging. The most suicides, 8, occurred in July.

According to D.C. Witness data, there have been two suicides that were thought to be connected to homicides between Jan. 1 and Oct. 15.

On June 7, officers responded to the 4300 block of Windom Place, NW. Upon arriving ,officers gained entry to the front door of the residence where they saw an adult male with a hand gun. Officers then heard a single gun shot and found 51-year-old Jason Rieff suffering from an apparent self-inflicted gun shot wound. After searching the residence further the officers also found 45-year-old Lola Gulomova who displayed no signs consistent with life. The OCME ruled the manner of death a murder-suicide carried out by Rieff.

A few days later, on June 15, police found Richfield Chang shot to death in his apartment on Jenkins Row, a complex on Pennsylvania Avenue in Southeast DC. Peter Nhek Neth was wanted in connection to the murder.

Days later authorities found Neth’s body in a residence in Ashburn, Va. He suffered from a self-inflicted gunshot wound, changing the case to a murder suicide across district lines.

According to DC Police Chief Peter Newsham, the men had an “amicable relationship.” Apparently, the apartment the two men shared with a woman was used to sell marijuana. The police said they did not believe the shooting was drug-related.

Jaylin Hawkins wrote this article.

Document: Homicide on 16th Street, NW

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Nov. 4.

According to a press release, officers found two adult male victims suffering from multiple gunshot wounds on the 3100 block of 16 Street, NW. Both victims were transported to a local area hospital where 28-year-Christopher Shepherd was pronounced dead.

A third adult male victim suffering from apparent stab wounds was located in the 3100 block of Mount Pleasant Street, Northwest. Further investigation by detectives revealed, the victim’s injuries occurred at the offense location. DC Fire and Emergency Medical Services responded to the scene and transported the victim to an area hospital for treatment of non-life threatening injuries.

According to D.C. Witness data, Shepherd is the first homicide in the month of November.

Police are offering a reward of up to $25,000 for information that leads to an arrest and conviction in this homicide or any other homicide in 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.



11 4 19 Homicide 3100 Block of 16th Street, Northwest (Text)

Murder Defendant’s Counsel Prepares For Trial Amidst LGBTQ Issues 

A judge ruled on several motions as well as gender and sexuality conflicts before a jury trial that is set to begin this week. 

Sean M. Baker, 40, is charged with second-degree murder while armed for allegedly stabbing 35-year-old Robert Leroi Wiggins on the 300 block of 37th Street, SE. Baker is a transgender woman. 

During motions hearings on Oct. 28 and Nov. 4, DC Superior Court Judge Todd Edelman heard arguments from both the prosecution and defense on a motion to suppress statements and a motion to suppress tangible evidence by the defense. 

Baker’s defense counsel, John Fowler, told the court that the Metropolitan Police Department (MPD) inappropriately questioned Baker. 

Fowler said MPD officers interviewed Baker at her home and then detectives interviewed her at the police station, giving her the impression that she was a witness to the crime. He said the police did not read Baker her miranda rights before they began the questioning. 

Fowler also said Baker was interrogated by five to six members of MPD for several hours until they decided she was a suspect and formally placed her under arrest.

He said Baker was in an emotionally volatile state after the death of her partner and felt she could not leave the station even though she was not formally under arrest nor in police custody for the first two to three hours.

According to Fowler, detectives kept saying they were helping Baker, however they were coercive and did not let Baker know that she could leave. 

Fowler said Baker asked several times to go to the hospital to see her partner and was ignored by MPD. She also asked to go outside and smoke a cigarette, but MPD would not let her. 

Finally, in an attempt to get the attention of the police, Baker pulled the fire alarm in the interrogation room and asked to leave once police came into the room. 

“Bullshit is bullshit, don’t worry about what you told us before you’re either a cold blooded killer or a victim,” said an MPD officer according to Fowler.

Fowler said he filed the motion to suppress tangible evidence because the police only obtained a search warrant to look at Baker’s cell phone for communication between her and Wiggins.

Fowler said the search warrant did not give the prosecution authority to look at Baker’s internet searches and locational services.

The prosecution said web searches and locational data provided information on the relationship between the victim and Baker. Adding that there were threatening text messages between Baker and the victim. 

Judge Edelman denied the motion to suppress the statements. 

He said that Baker voluntarily went to the police station with MPD officers and was allowed to keep her phone and purse. Judge Edelman said Baker was not restrained, the officers never raised their voices, and she was allowed to sit in a padded desk chair as opposed to metal chairs in the interrogation room. 

“The manner in which the meeting was conducted would not have conveyed to a reasonable person they are under arrest,” he said.

Judge Edelman said he would make a decision on the motion to suppress tangible evidence before jury selection on Nov. 5. 

During jury selection, fowler also requested that Judge Edelman ask multiple questions to the jurors about their opinions on transgender people in order to maintain a fair trial.

However, the prosecutor raised concerns about asking potential jurors too many questions about possible transgender bias.

Judge Edelman told counsel that he would like to focus jury questions on gender identity as opposed to sexual orientation.

Judge Edelman also said he would allow the defense to brief the prosecution and jurors on the correct pronouns to refer to Baker before trial. 

A jury trial is set to begin on Nov. 5. 

 

Prosecution Extends Joint Plea Deal to Murder Defendant

A prosecutor put a plea deal on the record for a murder defendant who is being tried for two  crimes in Maryland and DC.

Reginald Turner, 34, is charged with second-degree murder while armed with a firearm for his alleged role in the death of 37-year-old Malik Muhammad on the 800 block of Taylor Street, NE on Nov. 26, 2018. 

Turner pleaded guilty to second-degree assault in Maryland for assaulting police. According to court documents, the cases are connected. 

During a felony status conference Nov. 1, the prosecution told the court that she would be making a joint plea deal with the Maryland prosecutor.

The prosecutor told DC Superior Court Judge Craig Iscoe that she is willing to let Turner plead guilty to second-degree murder while armed for 15-27 years in prison. 

Under the DC voluntary sentencing guidelines, if found guilty, Turner could face 30-60 years in prison for first-degree murder and 3.5- 6 years for possession of a firearm with a prior charge.

These sentences would run concurrent with the guilty plea of second-degree assault.

Judge Iscoe granted James King’s requested to give his client one week to consider the plea deal.

Another felony status conference is scheduled on Nov. 11.

 

Document: Arrest Made in September Homicide

Officers from the Metropolitan Police Department apprehended Nov. 4 a man for the murder of another man in Northeast, DC in September.

According to a press release, 22-year-old Tyrell Powell, a resident of Southeast, DC, is 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 September 4, 2019.



11 4 19 Arrest Made in a Homicide 3900 Block of East Capitol Street, Northeast (Text)

What Time Do Most DC Homicides Occur?

At what time do most homicides occur in Washington, DC?

D.C. Witness data shows that there have been 733 homicides in DC from Jan. 1, 2015, to Oct. 1. Of those homicides, 57 homicides occurred during the 9 p.m. hour from Jan. 1, 2015, to Oct. 1.

Overall, D.C. Witness data shows that the evening hours from 8 p.m. to 10 p.m. have been a deadly time in the city. According to the data, there have been 55 homicides during the 8 p.m. hour and 53 homicides during the 10 p.m. hour.

In addition to the evening’s deadly trend, D.C. Witness data shows that 52 percent of the homicides within the nearly five-year timespan have taken place during the hours of 7 p.m. and 3 a.m.

According to the data, 720 homicides, out of the 733 homicides, have time data available. Of those homicides with a time stamp, 383 occurred between 7 p.m. and 3 a.m. 

The lowest number of homicides occurred during the 5 a.m. and 7 a.m. hours.

In addition to the number of homicides in DC, there have been 22 vehicular homicides from Jan. 1, 2015, to Oct. 1, according to the data. Similar to more violent types of homicides, such as shootings, stabbings and assaults, a majority of the vehicular homicides, 17, also took place between 7 p.m. and 3 a.m.

 

Only four of the vehicular homicides took place between normal business hours — 9 a.m. to 5 p.m. Two killings took place on the weekend, including the death of 51-year-old Sherron Pressley on Aug. 30, 2018, and David Salovesh, 54, on April 19.

Markel Ford, the driver who hit Pressley and another pedestrian who survived, is scheduled for a felony status conference on Dec. 11. Court documents state that Ford drove away from the scene. He is charged with voluntary manslaughter. Ford, 20, is currently released on personal recognizance. According to DC Courts, counsel is working on a plea deal.

The driver, Robert Earl Little Jr., who hit Salovesh while he was riding his bicycle, pleaded guilty to voluntary manslaughter in July. He was sentenced to 8.5 years in prison in September. 

Both cases involved a vehicle traveling at a high speed. According to police documents, Little, 26, had traces of PCP in his blood. 

According to D.C. Witness data, the pattern of “vehicle and pedestrian fatalities” is similar to that of vehicular homicides. There have been 87 total fatalities between Jan. 1, 2015, and Oct. 1. Eighty-two of the cases have time data available. Of those fatalities, 72 percent (59 fatalities) took place between 6 p.m. and 3 a.m.

“Fatalities” refer to deaths caused by a vehicle in which there were no charges.  

Eighteen percent (15 deaths) of the traffic fatalities included a victim who was operating a vehicle other than a car, such as a motorcycle, bicycle, dirt bike or scooter.

Three of seven fatalities during the 3 a.m. hour were the result of a single crash, including Antonio Holroyd, who lost control of his vehicle and crashed into a grass island and guard rail killing both him and his two passengers on Jan. 19, 2017. The crash took place at approximately 3:15 a.m. 

Paul Mulholland wrote this article. 

3 of 10 Defendants Currently in Solitary Confinement

During a status hearing Nov. 1, three murder defendants, of 10, challenged their detention in solitary confinement.

Darrise Jeffers along with Saquan Williams, Quincy Garvin, Mark Tee Price, Isaiah Murchison, Antonio Murchison, Gregory Taylor, Marquell Cobbs, Qujuan Thomas, and Quentin Michals are charged with first-degree murder for their alleged involvement in the shooting of 10-year-old Makiyah Wilson on the 300 block of 53 Street, NE on July 16, 2018. Quanisha Ramsuer is charged with obstruction of justice in relation to the shooting.  According to court documents, the shooting resulted from a neighborhood rivalry.

During the hearing, attorneys representing Price, Thomas, and Antonio, told the judge that their clients were being held in solitary confinement for no discernible reason, and the defendants do not wish to be held there any longer.

Attorneys Howard McEachern, Linden Fry, and Jason Clark represent Price, Thomas, and Murchison, respectively.

A prosecutor told DC Superior Court Judge Ronna Lee Beck that she did not request that any of defendants be separated from the other or held in solitary.

Judge Beck agreed to schedule a separate hearing for Price, Thomas, and Antonio on Nov. 12 to resolve their confinement. She said that if the issue could be resolved before then the hearing would be vacated.

The other defendants are not being held in solitary confinement.

The prosecutor said that all forensic testing was done on the evidence. A hearing was set to occur on Dec. 2 for all 10 defendants to discuss whether any of them would wish to independently test the evidence.

A bench warrant for Isaiah Murchinson was issued on Aug. 14. Isaiah has not been arrested as of Nov. 1.

Judge Beck discouraged each defendant from independently testing each item on their own, since tests can take up to 60 days. With ten defendants, total testing time could postpone trial for close to two years.

According to the Department of Corrections Price, Thomas and Antonio could not be held in solitary confinement because per, a FOIA request from D.C. Witness, the DOC does not utilize solitary confinement but instead “segregated housing.”

Defendants Michals and Garvin also requested to be released from jail.

Judge Beck denied both requests on the grounds that there are no safe conditions of release.

 

Police Arrest Key Witness in Murder Case

A defense counselor told a judge Nov. 1 that an important witness in a murder case was arrested for homicide. 

Andre Dubose is charged with first-degree murder while armed with a wooden object for allegedly assaulting 37-year-old Ahmad Simms on the 1800 Block of Q Street, SE on March 17 2019.

During a felony status conference, Dubose’s defense counsel, John Fowler, told DC Superior Court Judge Craig Iscoe that he was told a key witness had been arrested for murder.

The defense provided no specific information about the nature of the murder.

Fowler said the witness was only identified as “Baba.”

He asked the court to disclose the identity of “Baba” so he could contact him.

The prosecution said the witness’s crime was committed outside the jurisdiction of the DC.

He said said the prosecution would try to provide the identity to the defense.

A felony status conference is scheduled on Jan. 24, 2020. 

 

Murder Defendant Waives Right to DNA Testing

During a status hearing on Nov. 1, a murder defendant waived his rights to DNA testing after his DNA was discovered on the evidence. 

Derek Turner, 28, is being charged with first -degree murder while armed for his alleged involvement in the fatal shooting  of 28-year-old Andrew McPhatter on the 3500 block of Wheeler Road, SE in March of 2017. His co-defendant Ronnika Jennings, 41, is charged with first-degree murder, accessory after the fact, possession of a firearm during a crime of violence and conspiracy. Turner is also charged with two other murders, including the death of Devin Hall in DC and North Carolina. 

Defense counsel, Michael Madden, told DC Superior Court Judge Juilet McKenna that he and Turner discussed the option of testing for DNA on items entered into evidence by the prosecution. He said Turner decided to not have any of the items tested. 

DC Witness previously reported, the prosecution tested clothes and the alleged murder weapon found in the car where McPhatter was found shot multiple times. The DNA on clothing recovered from the crime scene matched Tuner, but not anyone else involved in the case.The DNA found on the weapon could not be matched to any of the defendants.

Jennings defense attorney, Dorsey Jones, told Judge McKenna that Jennings had no issues to bring to the court before trial.

Two other defendants in the case are Marshay Hazelwood, 26, and 28-year-old Duan Hill. The men are charged with obstruction of justice and conspiracy. Both are released on personal recognizance.

A trial readiness hearing for all four defendants is scheduled on Feb. 21 2020. The trial date is set to begin on Jan. 25, 2021.