I’m Thankful Client Was Armed, Defense Attorney Says

During a sentencing on Sept. 24, a defense attorney said he is thankful his client was armed.

Mario Alfaro pleaded guilty to voluntary manslaughter for shooting 22-year-old Jonathan Vilchez on the 5400 block of Georgia Avenue, NW in 2017.

“I have grown to love him as a man and trust him with my own children unsupervised,” said Alfaro’s defense lawyer James King. “I’m thankful that Mario was armed that day, if he wasn’t, he would be dead.”

King said he has known Alfaro since he was a child.

King also requested Alfaro, 23, be sentenced under the Youth Rehabilitation Act, which would have sealed his conviction from the public and made him eligible for a sentence that was lesser then the mandatory minimum. However, DC Superior Court Judge Dana Dayson denied the request, sentencing Alfaro to seven years in prison.

According to the District of Columbia voluntary sentencing guidelines, Alfaro could have received a sentence between 4 and 10 years in prison.

“I do not have the words to tell his son what happened,” Vilchez’s stepfather told the judge. “His son asks for him everyday. My wife was pregnant at the time of the shooting and we were about to lose the baby, after already losing a family member. We are scared that he will send someone to hurt my family, so we have decided to move due to fear. I’d like for justice to be served.”

The prosecution said the defendant’s behavior caused the situation, refuting the self defense claim. According to court documents, Alfaro’s self defense claim was ruled out in 2017.

D.C. Witness data shows that Alfaro pleaded guilty to assault with significant bodily injury in 2015. He also pleaded guilty in July to attempted possession of a prohibited weapon. Apparently, Alfaro was caught with a shank in his cell in 2018, according to court documents.

After his prison term, Alfaro is also required to serve five years on supervised release.

“I want to apologize to my family and the victim’s family, and hope God will forgive me,” Alfaro told the court.

According to court documents, surveillance footage showed Alfaro mouthing something to Vilchez, 22, while they were in a convenience store. Both men pulled out guns and Vilchez shot Alfaro, first. As Alfaro left the store, he fired multiple shots at the decedent before running away. The defendant and the victim were allegedly in the same street gang.

Judge Modifies Murder Defendant’s Release Conditions

During a status hearing Sept. 24, a judge approved the defense’s motion to modify release conditions for a murder defendant.

Eric Smith, 20, is charged with first-degree murder while armed for his alleged involvement in a drive-by shooting. He is also charged with possession of a firearm during a crime of violence, assault with the intent to kill against a minor, assault with the intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury and unauthorized use of a vehicle for his alleged role 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 target in the shooting.

Defense counselor Iseshaah Murphy filed an emergency motion on Sept. 18 to allow Smith to move from his sister’s house in Virginia to his mother’s house in Maryland.

The prosecution had no issue with the relocation despite previous attempts to prevent the defendant to be released from bond at previous hearings.

According to court documents, Smith has been in full compliance with drug testing while living with his sister, according to D.C. Superior Court Judge Craig Iscoe.

“While mothers often know best, you’ll have to take responsibility in this case,” Judge Iscoe told Smith.

The judge did not add any additional conditions of release for the defendant. Any violations of his release would put Smith back into jail.

D.C. Witness previously reported that Judge Iscoe approved the defense’s request to attend the Braddock Place Campus in Alexandria, VA. Due to a change in address to Maryland, Smith will not be able to continue education at the Virginia school.

Murphy plans to meet with Smith’s education advocate and mother to find a school close to his new residence.

Murphy said she would submit the new school to Smith’s High Intensity SP Manager. If the HISP Manager approves the new school, the defense will schedule a hearing on the court docket.

The next status hearing will be held Nov. 1.

Judge Orders 2nd Full Competency Exam for Murder Defendant

During a Sept. 24 mental observation hearing, a judge ordered a murder defendant to undergo a second full competency examination after not completing an earlier screening.

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. Randall was arrested on July 15, but it is unclear when Jones was stabbed in the chest.

According to a report by the District of Columbia Department of Behavioral Health, Randall had “prematurely ended” a full competency screening at the hospital. The report also said Randall refused to take medication.

DC Superior Court Judge Craig Iscoe decided to commit the defendant to St. Elizabeth’s Hospital, DC’s psychiatric hospital for 30 more days.

D.C. Witness previously reported that Randall was ordered to be held at St. Elizabeth’s after an August mental observation hearing.

The prosecution stated that they will file a motion to allow doctors to administer involuntary medication for the defendant if the Department of Behavioral Health’s report does not determine if the defendant is competent to stand trial by the next hearing.

Judge Iscoe scheduled a follow-up mental observation hearing on Oct. 21 to discuss the competency screening.

The Department of Behavioral Health is required to complete a report by Oct. 8. The defense must submit a motion to make the report public by Oct. 8 as well. The prosecution has until Oct. 18 to respond or oppose the defense’s motion.

Randall is scheduled for a felony status conference in addition to the mental observation hearing on Oct. 21.

Judge Does Not Find Probable Cause in Murder Case

A DC Superior Court judge did not find probable cause and dismissed a first-degree murder case.

Duron Hudson is charged with first-degree murder for his alleged involvement in the shooting of George Hendrix, 22, on the 300 block of K Street, SE on June 22.

On Sept. 18, D.C. Witness reported that Judge Todd Edelman ruled out substantial probability in Hudson’s case. Judge Edelman said he was still undecided if there was sufficient evidence for probable cause.

During a preliminary hearing on Sept. 23, Judge Edelman ruled that he found no probable cause that Hudson, 18, was involved in the murder.

Judge Edelman informed the prosecution that there was probable cause the driver of the get-away vehicle was aiding and abetting the killer along with there being probable cause that a moped seen in the video could be the one involved in the crime.

However, he did not find probable cause that Hudson was the driver of the moped.

Judge Edelman said he based his decision on the fact that the case’s lead detective said none of the witnesses identified Hudson.

Judge Edelman also addressed images of Hudson earlier that day. Even though Hudson was dressed in similar clothes to the ones caught on video of the driver of the moped, Judge Edelman said this was not enough evidence to prove probable cause.

“That is a jacket that is frequently seen on the streets of Washington, DC,” he said.

Judge Edelman said it was serious that Hudson fled from the police, but that alone does not constitute probable cause.

Hudson’s family was in attendance for the preliminary hearing.

Murder Defendant Waives Attorney Conflicts of Interest

During an ascertainment of counsel hearing Sept. 23, a murder defendant waived any potential conflicts of interest that his new attorney may have.

Saeed Woodall is charged with first-degree murder while armed for his alleged role in the death of 32-year-old Deonta Farrar on the 4500 block of Quarles Street, NE in 2016. Apparently, Woodall’s sister had a child with Farrar.

Michael Madden, Woodall’s new defense counsel, said he has a potential conflict of interest with representing Woodall, 25. Madden said he represented a possible co-defendant in the case, Christopher Proctor, from February of 2016 to May of 2016.

Madden did not explain why he believes Proctor may be a potential co-defendant, since Proctor pleaded guilty to voluntary manslaughter in a separate case in June of 2018. Proctor, 29, is not currently a co-defendant in the case.

DC Superior Court Judge Craig Iscoe said that since the potential conflict was a minor one, he would permit Woodall to waive it if he was confident in Madden. Woodall agreed to waive any potential conflicts of interest.

Madden was appointed to represent the defendant after Elizabeth Weller, Woodall’s previous counselor, withdrew from the case earlier this month.

Woodall previously pleaded guilty to second-degree murder while armed in May, according to court documents. He filed a motion to withdraw his guilty plea on Sept. 4. Weller withdrew from the case on Sept. 10.

Weller said there could be an appearance of conflict if she represented the defendant any further. Weller did not specify what she meant by her statement.

This is the second time Woodall has been appointed new counsel, according to DC Courts.

Madden requested two weeks to review the case and to speak with his client about the plea Woodall is withdrawing from. It is not clear if the prosecution has withdrawn the offer.

Woodall is scheduled for a status hearing on Oct. 11

Prosecution Is Slow in Handing Over Evidence, Defense Says

A murder defendant’s defense counsel requested that the prosecution release all evidence to avoid delaying trial.

Tony S. Aiken, 48, is charged with second-degree murder while armed for allegedly murdering 23-year-old Kendra Smith on the 4300 block of D Street, SE on Sept. 6, 2004.

During a status hearing on Sept. 20, defense attorney Jason Tulley told DC Superior Court Judge Todd Edelman that if the turn over process was delayed any longer, the upcoming trial, which is scheduled to begin on May 18, could be postponed.

“This case is already 15 years old, people on both sides need it resolved,” Tulley said.

Tulley said the evidence should have been given to the defense sooner.

Judge Edelman ordered the prosecution to respond to the defense’s evidence request no later than Oct. 4.

Additionally, Aiken waived his right to independent DNA testing.

A status hearing is scheduled on Oct. 18.

Murder Defendant Doesn’t Have Violent Past, Victim’s Mother Says

Even though a victim’s mother said she had never seen the murder defendant be physically violent she pleaded for his conviction.

James Embre is charged with felony murder, first-degree cruelty to children and second-degree cruelty to children for his alleged role in the death of two-year-old Aceyson Aizim Ahmad on the 3400 block of A Street, SE on April 17. According to court documents, Embre, 26, was involved in a romantic relationship with Ahmad’s mother.

During trial on Sept. 23, the mother said Embre was never violent toward her or her kids even when she would hit the defendant.

However, she said the defendant did not deserve a fair trial. “Please do not let this man go free,” Aceyson’s mother begged the jury.

Footage from a Metropolitan Police officer’s body worn camera on the night on the death showed the mother blame Aceyson’s godmother for hurting the boy. Aceyson had been with his godmother the weekend prior to the murder.

However, on the stand, the boy’s mother said that Aceyson’s godmother had always loved him and was never violent. The mother said that she was angry during the night of the murder and was blaming anyone she could think of.

The defense continued to question the boy’s mother on Sept. 24.

Judge Postpones Jury Selection Until Next Week

Jury selection for a murder case was delayed by a week after the prosecution informed the defense of testimony from a new expert witness.

Edward Brown, 57, is charged with first-degree murder while armed for allegedly stabbing 71-year-old Michael Mahoney at the victim’s apartment on the 2300 block of 11th Street, NW on Feb. 5, 2018.

The prosecution informed the defense Sept. 23 that a different medical examiner would testify about his examination of the victim’s body.

D.C. Witness previously reported that the prosecutor said she would call between 20-25 witnesses and possibly two additional expert witnesses. The new medical examiner being one of the expert witnesses.

According to the prosecution, the new medical examiner’s report showed Mahoney had food in his stomach when he died.

Even though a time of death was not given, the prosecutor said the victim’s time of death is consistent with her argument. The prosecutor said the food found in the victim’s stomach puts his time of death around three to four hours after eating.

According to court documents, Brown was the last person to see the victim. Surveillance cameras show Brown and the victim entering the apartment at 10 p.m. Brown is seen leafing the apartment at 1 a.m. No one else is seen entering or exiting the apartment until Mahoney’s body was discovered the next morning.

Defense counsel Kevin Irving argued that it would not be “fair” for the defense to have to prepare for interviewing the new medical examiner during the trial. He requested that the judge not allow the expert to testify.

D.C. Superior Court Judge Milton C. Lee denied the request, saying the evidence is a “pretty big deal” to the prosecution’s case.

Judge Lee initially offered the defense one day to talk to the new medical examiner and prepare for the rest of the trial.

However, Irving objected, arguing that a day was not enough time to properly prepare. He also said he wanted to have another medical examiner look over the autopsy report.

Judge Lee said a few days should be enough time for the prosecution to ensure witnesses could be present in court and for the defense to contact their own medical examiner.

A motions hearing is scheduled on Sept. 27. Jury selection for the trial is scheduled to begin on Sept. 30.

Dani Diaz also reported on this story.

Defense Attorney Requests Copy of Police Interview for Murder Case

A judge granted Sept. 20 the defense’s request for a copy of the first interview a witness had with detectives at the Metropolitan Police Department.

Dazmine Anderson, 17, was charged with second-degree murder while armed for allegedly stabbing 30-year-old Jean-Claude Jackson on the 1300 block of Good Hope Road, SE on Oct. 7. Anderson, who was 16 at the time of the crime, is being charged as an adult.

Defense attorney Madalyn R Harvey requested that the prosecution turn over the witness’s interview tape so that she could transcribe it.

Harvey argued that a redacted copy of the witness’s transcripts are too confusing to be useful to her case. Harvey said the redacted copy did not make sense.

Harvey asked DC Superior Court Judge Milton C. Lee to set a trial date so that she could also receive evidence. Harvey said she has not received any evidence from the prosecution. As of Sept. 23, a trial date has not been set.

Judge Lee said the defense was making a reasonable request to view the interview. He granted Harvey’s request.

The prosecution also presented a plea offer for unarmed voluntary manslaughter. The prosecutor said he has not determined what the sentencing component for the plea would be.

According to the District of Columbia Sentencing Guidelines, a defendant convicted of voluntary manslaughter with a zero – 0.5 criminal history score could receive 4-10 years in prison.

A status hearing was set on Oct. 17 to discuss plea negotiations.

Anderson is currently being held without bail.

Defense Counsel Argues Against Type of Meds Given to Murder Defendant

During a continued motions hearing Sept. 19, the defense argued against a murder defendant being forced to take antipsychotic medications.

Brandon Byrd is charged with first-degree murder while armed and carrying a dangerous weapon for allegedly stabbing his 44-year-old father, Otis Byrd, on the 100 block of Michigan Avenue, NW in 2016.

Byrd, 21, has been held at St. Elizabeth’s Hospital, DC’s psychiatric hospital, since 2016. D.C. Witness previously reported that Byrd has been forced to take medication in the past, which his defense lawyer, Craig Hickein, considers to be unconstitutional.

In order to inform the court’s final opinion on Byrd’s treatment if found guilty, the defense continued questioning a witness from a previous motion hearing. The witness is a psychiatrist at St. Elizabeth’s. D.C. Witness previously reported that a psychiatrist’s assessment concluded that the defendant could stand trial if medicated with antipsychotics.

During the hearing, Hickein continued to argue against the medication. He took issue with the type of medication that Byrd would be issued, risperidone.

Hickein said that if the defendant had a condition a disorder that causes idle moving or tightening neck muscles. The condition is typically caused by long term use of a antipsychotic medication. However, the witness testified that she did not believe the defendant had the disorder.

The witness also said the effects on Byrd’s brain, from at least 6 years of not being on consistent medication, had been “detrimental.” Without antipsychotics, “I do not know what will be left of his poor brain,” she said.

However, the witness did not say that there was a treatment that could cure Byrd, “We do not know if we will see the same Mr. Byrd as 6 years ago,” she said.

DC Superior Court Judge Ronna Lee Beck said she wanted to take time to consider the information from the witness’s testimony.

Judge Beck scheduled a hearing on Dec. 19, but said the date could change.

In February, Judge Danya Dayson denied the defense’s motion to stop St. Elizabeth’s from forcibly administering involuntary medication to Byrd. The order was appealed. A ruling from the District of Columbia Court of Appeals is still pending.

Document: Homicide on Morris Road, SE

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Sept. 22.

According to a press release, officers found 17-year-old Jamel Kirkland unconscious suffering from a gunshot wound on the 1300 block of Morris Road, SE. Kirkland was pronounced dead at a local hospital.

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.

Document: Homicide on 51st Street, Northeast

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Sept. 22.

According to a press release, officers found 21-year-old Rashid Ferguson unconscious suffering from multiple gunshot wounds on the 200 block of 51st Street, NE. Ferguson was pronounced dead at a local hospital.

Judge Denies Defenses Motion to Suppress Extraction

A judge denied a motion that would block the prosecution from using blood samples in a murder trial

George Malik Anderson, 21, is charged with second-degree murder for allegedly shooting 24-year-old Devin Butler on the 1200 block of North Capitol Street, NW on June 13.

During a felony status conference on Sept. 20, the defense filed a motion to restrict the prosecution from extracting the blood samples.

However, the prosecution said blood was found on the defendant’s hands and on the guns.

DC Superior Court Judge Todd E. Edelman denied the defense’s motion and allowed the prosecution to test the blood.

Defense counsel, Judith Pipe, requested that any blood the prosecution extracted from the scene be shared with the defense if independent DNA testing were to be conducted.

A felony status conference is scheduled for Oct. 18.

Document: Fatal Shooting Leaves 1 Dead

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Sept. 20.

According to a press release, officers responded to the sound of gunshots on the 1300 block of Brentwood Road, NE. Officers found one male victim and one female victim suffering from gunshot wounds. 20-year-old Sean Coleman-Bey was transported to a local hospital where he was pronounced dead. Officers found another adult male victim on the 1400 block of Rhode Island, NE. The two surviving victims were transported to a local hospital and treated for non-life threatening injuries.

A vehicle of interest was captured on surveillance cameras and can be seen in the photo below.

Judge Denies Extension to Extend Indictment

On Sept. 20, a DC Superior judge pressured the prosecution to present an indictment for a defendant in a murder case.

Herman Sylvester Williams, 28, is charged with second-degree murder while armed for his alleged involvement in the shooting of 36 year-old William Boykin on the 2600 block of Birney Place Southeast, DC on May 28.

The prosecution requested an extension beyond the 9-month indictment period.

Judge Milton C. Lee denied the request and asked the prosecution to serve an indictment before March, which is when the indictment period would expire.

Judge Lee made it a point to stress the importance of disclosing everything the prosecution finds to the defense so that they are able to counsel the defendant efficiently and adequately.

Williams’ defense attorney, Ieshaah Murphy, also requested the prosecution provide all of the new evidence in the case. According to Murphy, she has not received any evidence from the prosecution since the preliminary hearing.

A felony status conference is scheduled on Sept. 20.

A trial date has been set for Jan. 22.

Written by Danuellyz Diaz

Search