Did a Murder Defendant’s Learning Disability Lead to Murder?

A defendant’s learning disability may have led him to murder, according to results from intellectual and behavioral assessments.

Shelby Jones pleaded guilty to second-degree murder while armed for allegedly shooting 17-year-old Davon Fisher on the 400 block of Riggs Road, NE. He was initially charged with first-degree murder and assault with a dangerous weapon. The defendant pleaded guilty to the murder on Jan. 11.

On Oct. 15, a clinical psychologist told DC Superior Court Judge Ronna Beck that several assessments show that Jones demonstrates difficulty with verbal and nonverbal decision making.

Even though Jones, 19, pleaded guilty to the murder, he decided to withdraw the plea on July 12.

Jones’ defense attorney, Dorsey Jones, said the defendant withdrew his plea because he did not understand it.

Jones told the judge that he did not read his plea agreement before signing it because he trusted Madalyn Harvey, his former attorney.

Jones said Harvey misinformed him about the terms of the agreement. She was dismissed in May. D.C. Witness reported that Harvey is scheduled to testify at Jones’ next status hearing on Oct. 17.

During cross examination, Jones told Judge Beck that he wanted to kill Fisher when he shot him in the back of the head. Jones also said he shot two other witnesses to silence them.

Jones is being held without bail at DC Jail.

Murder Defendant Returns to Jail After Disrupting A Victim’s Brother’s Impact Statement

A judge ordered a murder defendant to return to jail after he continuously disrupted a victim’s brother’s impact statement.

Donnell Mills, 30, is charged with first-degree murder while armed and attempt to commit armed robbery while armed for allegedly stabbing Jelani Mohammed, 38, on the 1500 block of Benning Road, NE on Nov. 8, 2018. Mills’ co-defendant in the case is Dale Thomas, 28.

The outburst stemmed from statements DC Superior Court Judge Milton C. Lee allowed Mohammed’s family to give Oct. 16 after defense counsel, Lisbeth Sapirstein, said Mills would take a plea deal.

The victim’s brother spoke about surveillance footage in which a person is seen attacking the victim. The defendant “viciously attacked my brother from behind,” the brother said.

Before the brother could complete his statement, Mills said, “I dont give a f*** what was on the video.”

Mills also mumbled throughout the brother’s statement.

In response to the disruptions, Judge Lee ordered the court marshals to detain the defendant and take him back to DC Jail.

“You killed my brother and you get mad at me for speaking my mind,” the brother said. “See, he doesn’t care.”

After a discussion with counsel at the bench, Judge Lee decided to reschedule the status hearing.

The hearing is rescheduled to continue on Oct. 22. Thomas, who is pending a grand jury, was scheduled for a felony arraignment on Oct. 25, however the hearing was vacated. Another hearing has not been scheduled, according to DC Courts.

Judge Appoints New Counsel After Requests for Change

On Oct. 15, a murder defendant was appointed new counsel after both he and his former attorney requested the change.

Kurt Hewitt, 20, and cousin Demonte Hewitt, 17, have been charged with second-degree murder while armed for their alleged roles in the fatal stabbing of 16-year-old Tyshon Perry. The stabbing occurred on the 1300 block of 2nd Street, NE on May 1, 2018. Demonte, who was 16 at the time of his arrest, is being charged as an adult.

On Oct. 4, in a motion to withdraw, Kurt’s former defense attorney, Clarence Powell, said he could not properly represent the defendant because he was not willing to assist with preparation of the case.

Kurt also requested that Powell be replaced with defense attorneys Mary C. Kennedy and Sean Hennessy, the motion said. Both of the attorneys accepted the case.

DC Superior Court Judge Craig Iscoe also requested a few more hearings before trial to address any issues that may arise with DNA testing and other matters.

According to DC Courts, both parties requested DNA testing and protective orders for Instagram accounts in August.

A status hearing is scheduled for the defendants on Nov. 22.

Demonte, who was not present at the hearing, is being held without bail at the Department of Youth Rehabilitation Services (DYRS). Kurt is being held without bail at DC Jail.

A jury trial is scheduled for 2020.

Murder Defendant’s Former Attorney Set to Testify

A murder defendant requested Oct. 15 to take back his plea because of faulty information he received from his former defense attorney. As a result, a DC Superior Court judge ordered the attorney to testify.

Shelby Jones pleaded guilty to second-degree murder while armed for shooting 17-year-old Davon Fisher on the 400 block of Riggs Road, NE. He was initially charged with first-degree murder and assault with a dangerous weapon. The defendant pleaded guilty to the murder on Jan. 11.

“She wasn’t on the same page as me, that’s why she’s gone,” said Jones, referring to his former attorney, Madalyn Harvey.

Jones said Harvey led him to believe that he could serve a lesser number of years than the 19 years stated in the plea agreement. In August, he requested that she be dismissed from the case.

However, Judge Ronna L. Beck said she was in disbelief that a defense attorney would offer misleading information. The motions hearing was continued, and Harvey is scheduled to testify on Oct. 17.

“We ought to hear from her about it,” said Judge Beck.

Jones is now being represented by defense attorney Dorsey Jones.

The defendant is being held at DC Jail without bail.

Judge Pushes Prelim Back for Plea Negotiations

A DC Superior Court judge pushed a preliminary hearing back 15 days to give counsel more time to discuss plea negotiations.

Malik Coles and Duan Garmany are being charged with first-degree murder while armed for the murder of Christopher Payne on the 1400 block of W Street, NW on June 30.

Defense attorneys Lisabeth Sapierstein and Dominique Winters requested that Judge Todd Edelman grant more time to negotiate a plea deal instead of proceeding with the scheduled preliminary hearing. The preliminary hearing that was scheduled to take place on Oct. 15 is now scheduled on Nov. 1.

The prosecution did not object to the extension.

According to court documents, Cole, 22, and Garmany, 21, were seen on surveillance footage fleeing the scene of the crime.

Judge Rules Probable Cause, Not Self Defense

A judge ruled Oct. 11 that there was probable cause with substantial probability that a murder defendant may have been responsible in a shooting despite trying to claim self defense.

Michael “Miesha” Hines is charged with second-degree murder while armed with a firearm for allegedly shooting Wendell Youngblood, 46, on the 1500 block of North Capitol Street, NE on Aug. 3. Hines, 23, is a transgender woman.

“What I have seen on the video makes me think, more than likely, she will be convicted and she was not acting in self defense,” said DC Superior Court Judge Craig Iscoe, referencing surveillance footage from the night of the murder.

The footage shows a man being knocked down and a figure drawing a gun and firing at the victim. The shooter then walks in the opposite direction, off camera, only to return, pointing in the victim’s direction.

According to a Metropolitan Police Department detective, there was a fight in which the victim was punched and knocked to the ground by several men.

The detective said that when the victim was on the ground a gun was drawn and three shots were fired, striking the victim in the leg.

The shooter then began to walk away. The detective said several witnesses heard one of the men involved in the altercation say, “Bust his a**, again.” The shooter returned several seconds later, firing a fatal shot into the victim.

According to the detective, several witnesses identified Hines as the shooter. The detective said a key witness also told police that individuals discussed robbing Hines prior to the shooting.

“The defendant decided to be the judge and juror herself…our law does not allow that,” said a prosecutor during the preliminary hearing.

A weapon was not recovered.

Hines is being held without bail in DC Jail.

A felony status conference is set on Nov. 15.

Document: Homicide on Savannah Terrace, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 2200 block of Savannah Terrace, SE.

According to a press release, officers found two adult male victims suffering from gunshot wounds on Oct. 12.

24-year-old Shaquille Simmons was pronounced dead on the scene.

The other victim was transported to a local hospital where he was treated for non-life threatening injuries.

The Metropolitan Police Department currently offers a reward of up to $25,000, per victim, to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for a homicide committed in the District of Columbia. Anyone with information about this case is asked to call the police at 202-727-9099. Additionally, anonymous information may be submitted to the department’s TEXT TIP LINE by sending a text message to 50411.

Document: Arrest Made in 2017 Homicide

Officers from the Metropolitan Police Department apprehended Oct. 10 a man for the murder of another man in Southeast, DC in 2017.

According to a press release, 38 year-old Isaiah Holland, a resident of Southeast, DC, is charged with first-degree murder while armed for allegedly shooting 31 year-old Antwan Jones. The shooting occurred on the 2100 block of Alabama Avenue, SE on March 28, 2017.

Document: Homicide on I Street, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 1200 block of I Street, SE.

According to a press release, officers found 36-year-old Marcus Williams suffering from gunshot wounds on Oct. 10. The victim was transported to a local hospital where he was pronounced dead.

The suspect was captured by a nearby surveillance camera and can be seen in this video link: https://youtu.be/avnRjvOiYzg

Prosecution Requests More Time for DNA Results

During a status hearing on Oct. 11, the prosecution requested more time for DNA results to come in.

Robert Moses and James Mayfield are charged with first-degree murder while armed for their alleged involvement in the death of Jamahri Sydnor on the 1400 block of Saratoga Avenue, NE in 2017. The co-defendants are also charged with assault with the intent to kill, aggravated assault while armed, conspiracy while armed and possession of a firearm during a crime of violence. Moses is charged with obstruction of justice.

The prosecution is scheduled to receive the DNA results on Oct. 21.The hearing is scheduled to resume on Oct. 25.

Defense attorney Kevin McCants did not object to rescheduling the hearing to Oct. 25.

Moses, 20, and Mayfield, 19, allegedly fired more than ten shots at individuals at the intersection of Saratoga and Montana Avenue, NE, court documents state. Sydnor, 17, was an unintended target, struck by a bullet while driving through the intersection. Sydnor’s passenger, her 12-year-old cousin, sustained non-life-threatening injuries. Three other bystanders were also wounded during the shootout.

The shooting is believed to be the result of an on-going feud between young men from the Langston and Saratoga neighborhoods, according to the police.

Sydnor was a recent graduate of Woodrow Wilson High School, who was set to attend Florida A&M University in the fall of 2017, news reports state. She was also the daughter of a DC police officer.

Philip Carlos McDaniel, 22, who is charged with assault with the intent to kill while armed in connection to the case, is scheduled for a status hearing on Feb. 13, 2020. He is still awaiting a preliminary hearing.

Judge Sets Trial Date for Father Accused of Killing Infant Daughter

During a status hearing on Oct. 10, a DC Superior Court judge set the trial of a murder defendant accused of killing his three-month-old daughter is scheduled to begin on June 14, 2021.

Cornell Delvonte Holton, 25, is charged with felony murder and first-degree cruelty to children for his alleged role in the death of his daughter, Skylar Newman, on the 4300 block of G Street, SE on April 1.

Judge Craig Iscoe delayed his ruling on the defense’s motion for the case’s evidence until the prosecutor, who just took over the case, had more time to familiarize herself with the details.

The prosecution opposed defense attorney John Fowler’s motion for the evidence until protective orders are in place.The prosecutor said the protection orders were necessary because of potential witness tampering and domestic violence.

However, she said she could not speak to details of the tampering or alleged domestic violence because she was not familiar enough with the case, yet.

According to Fowler, this was the first he heard of any tampering with witnesses or domestic violence.

Fowler argued against the protection orders because the orders would prevent him from discussing the case and getting advice from other defense attorneys in his office.

Fowler also said that he believed some of the witnesses, who the prosecution wants placed under a protection order, are good character witnesses for Holton. They do not need to be protected since there are no specific security concerns in the case, he said.

Judge Iscoe said he would rule on the motion to compel the evidene and the protection orders during a status hearing that is scheduled on Nov. 1.

Defense Plans to Conduct DNA Testing for Murder Case

During a status hearing on Oct. 11, a defense attorney told a judge that her client would like to independently test DNA evidence.

Jessie Taylor, 43, is charged with second-degree murder while armed and two gun offenses for his alleged role in the shooting death of his girlfriend, 49-year-old Bernadette Ki ng on the 2400 block of Elvans Road, SE in 2018.

Taylor’s defense attorney Dominique Winters said she does not think the DNA testing would delay her client’s trial, which is scheduled to begin on Feb. 18, 2020.

DC Superior Court Judge Craig Iscoe also set a motions deadline on Jan. 9. Oppositions to the motions are due on Jan. 23. Expert notices are also due on Jan. 9.

According to Judge Iscoe, both parties are expected to have expert witnesses.

Taylor’s trial readiness hearing is scheduled on Feb. 4, 2020.

Document: Homicide on Sheriff Road, NE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 5200 block of Sheriff Road, NE.

According to a press release, officers found 24-year-old Kevin Better suffering from gunshot wounds on Oct. 8.

On Oct. 10, the victim succumbed to his injuries at a local hospital.

The department is offering a reward of up to $25,000 for information that leads to an arrest and conviction in this homicide or any homicide in Washington, DC. Anyone with information can call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

According to D.C. Witness data, there have been 141 homicides in DC in 2019, nearly an 8 percent increase from the 131 homicides that occurred during the same time last year.

The MPD states that there have been 134 homicides in DC in 2019, a seven percent increase from the 124 homicides recorded in 2018.

Editor’s note: D.C. Witness’s homicide count differs from the Metropolitan Police Department’s calculation because D.C. Witness records all violent deaths, including police-involved shootings and vehicular homicides.

Judge Finds Probable Cause in 2010 Murder Case

A DC Superior Court judge found probable cause in a murder case because DNA under a victim’s fingernails matched the defendant.

Kavon Young is charged with first-degree felony murder for allegedly shooting 66-year-old John Pernell on the 3000 block of Nelson Place, SE on July 3, 2010.

Judge Craig Iscoe said the DNA was significant because, according to a Metropolitan Police Department detective, Young did not know Pernell before he allegedly attempted to rob the victim.

During a preliminary hearing Oct. 10, the detective, who assisted the lead detective on the case, also said one witness identified Young as one of two individuals who shot Pernell.

The detective said the same witness identified another individual. However, the detective said the witness, who claimed to be at the scene, could not have been there because the witness was incarcerated at the time Pernell was killed.

During his testimony, the detective said he could not remember all of the interviews he had with witnesses.

Young’s defense attorney, Ieshaah Murphy, argued that there was no probable cause. She said the detective did not remember or was unaware of certain aspects of the case, including which witnesses he interviewed the night Pernell was murdered.

Judge Iscoe said that while he would not make a substantial probability ruling at this time, he did believe the prosecution established clear and convincing evidence to ask for a substantial probability.

Murphy requested Young’s release, arguing that since the murder occurred nine years ago he was not a threat to the community.

Judge Iscoe denied the request, citing previous firearms convictions in 2010 and 2016.

Young, 29, is being held without bail.

He is scheduled for a felony status conference on Dec. 12.

Judge Denies Murder Defendant’s Motion to Dismiss Indictment

A DC Superior Court judge denied a murder defendant’s motion to dismiss his indictment.

Daryl Thompson , 30, is charged with of first-degree murder while armed, assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside of a home or business, obstructing justice and threat to kidnap or injure a person for allegedly shooting Edward Roberts Jr., 29, and Tyler McEachern, 23.

During a mental observation hearing Oct. 10, Thompson read an oral motion, arguing to dismiss his indictment. He said he had been unlawfully arrested, racially profiled, and had evidence of an alibi.

Thompson also said that he planned to file a civil suit. D.C. Witness could not verify whom Thompson planned to sue.

In response, the prosecution said there were other ways to address Thompson’s reasons for dismissing the indictment. According to the prosecutor, an alibi defense could be made at trial and unlawful arrest could be grounds for a motion to suppress evidence.

Thompson has also been undergoing mental evaluations at St. Elizabeth’s Hospital, DC’s psychiatric hospital, since July. Apparently, the judge received a report from St. Elizabeth’s that said Thompson is competent to stand trial.

Doctors at St. Elizabeth’s also recommended that Thompson be transferred to DC Jail due to unspecified behavioral problems. He was transferred to the jail on Oct. 10.

Thompson’s defense attorney, Dana Page, told Judge Craig Iscoe that she plans to challenge the competency finding.

The hearing was continued to Oct. 25 to allow the defense time to prepare a challenge.

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