Defense’s Conversation with Judge Pushes Murder Hearing Back A Month

On Sept. 4, a murder defendant and his counsel held an entire status hearing at the judge’s bench. The prosecution was asked not to approach.

Joshua Ellis Massaquoi, along with Mason Binion, 32, Victor Carvajal, 33 are charged with first-degree murder while armed for allegedly shooting 21-year-old Michael Francis Taylor on the 600 block of Farragut Street, NW. Massaquoi was the alleged driver during the crime, according to court documents.

Massaquoi, 32, requested his next status hearing occur on Oct. 7. DC Superior Court Judge Hiram E. Puig-Lugo granted this request and set the next hearing on Oct. 7.

It is not clear why the delay was requested or why the judge granted the request.

Defense Requests A New Judge for Murder Case

A defense attorney requested that a new judge preside over a murder case.

Eunise Milton Roosevelt is charged with first-degree murder while armed for his alleged involvement in the death of 29-year-old Jerimi Stephen Meade on July 15, 2016, on the 400 block of Burbank Street, SE.

On Sept. 4, during discussions of a potential trial date, DC Superior Court Judge Danya Dayson said her schedule would set Roosevelt’s trial on July 20, 2020. In light of the extended wait, defense attorney, Ieshaah Murphy, requested a different judge.

Judge Dayson denied the defense’s request for a different judge. Instead, she set a potential trial date on Oct. 15. However, the trial would only be held on that date if it worked with Judge Dayson’s caseload.

According to counselors, the trial is expected to last for two weeks.

Roosevelt is currently being held without bail. He is set to have a bond review hearing on Sept. 20.

Document: Two Men Shot in Deanwood, One Dies

Officers from the Metropolitan Police Department are currently investigating a double shooting that turned fatal.

According to a press release, 28 year-old Kalin Louis Middleton succumbed Sept. 3 to injuries he sustained in a shooting on the 900 block of Division Avenue, NE. Apparently two men suffered from multiple gunshot wounds from the shooting.

The men were able to drive to a local hospital after being shot, the release said.

A status update on the other victim’s condition has not been released.

The police are 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 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.

August Homicides Drop, DC Murder Toll Still High

Homicides in August dropped below the total number of homicides in July, however there have been 13 more homicides in DC compared to the same time period a year ago.

As of Sept. 2, there have been 118 homicides in the DC, which is 13 more homicides, a 12 percent increase, from the 105 homicides that occurred a year ago. Fifteen homicides occurred in August, a 25 percent decrease from July.

Of the 15 homicides, seven were gun-related, two resulted from blunt force trauma, two were stabbings and a traffic fatality where a driver struck a pedestrian outside of the cross walk. According to a press release from the Metropolitan Police Department, the driver did not remain on the scene.

Seven homicides occurred in Ward 8 in August, the most for the month. August’s homicide total in Ward 8 is three less than the 10 homicides that occurred in the same ward in July. Homicides rose in Ward 5 from two homicides in July to three homicides in August.

Of the 14 homicides, D.C. Witness data shows that police apprehended suspects in four cases.

Eliyas Aregahegne, 24, was arrested on Aug. 27 and is charged with first-degree murder for allegedly stabbing 27-year-old Margery Magill on the 400 block of Irving Street, NW. He is pending an appearance in front a in DC Superior Courts judge.

Lance Ammons, 42, was arrested Aug. 22 and is charged with second-degree murder while armed for allegedly stabbing 62 year-old Robert Bolich earlier the same day on the Frederick Douglass Memorial Bridge. Ammons is scheduled for a preliminary hearing on Sept. 4. He is being held without bail.

Edward Banks, 47, was arrested Aug. 22 and is charged with the death of Abraham Binn on the 2700 block of MLK, Jr. Avenue, SE on Aug. 22. Banks is scheduled for a preliminary hearing on Sept. 10. He is being held without bail.

Michael “Meisha” Hines, 23, was arrested on Aug. 12 and charged with second-degree murder while armed for allegedly shooting 46-year-old Wendell Youngblood on the 1500 block of North Capitol Street, NE on Aug. 3. Hines is scheduled for a preliminary hearing on Oct. 11. He is being held without bail.

In addition to the 15 homicides, another traffic fatality occurred in Ward 1 on Aug. 4. Charges were not filed for the incident.

Defense Files for New Trial Date After Discovering New Evidence

In light of new evidence, a defense attorney filed a motion for a new trial date.

Kenneth L. Adams, 21, was found guilty in November of 2018, of first-degree murder while armed, obstruction of justice and other firearms offenses for shooting 21 year-old Dante “Te” Kinard in 2016. According to court documents, Adams approached a group of people on the 1800 block of Benning Road, NE and started shooting.

Adams’ defense attorney, Nikki Lotze, immediately appealed his conviction because the defense believed witnesses were not credible.

D.C. Witness previously reported that multiple witnesses said they were coerced by police to identify Adams as the shooter.

DC Superior Court Judge Judith Bartnoff is considering the motion for a new trial date for Adams.

The prosecution was also ordered to file a protective order by Nov. 4 for one of the witnesses.

A status hearing is scheduled on Nov. 20.

The murder of Charles Mayo was also brought up during the hearing. However, Judge Bartnoff said there was no relevant connection to Adams’ case.

Kimberly Thompson was convicted in March of 2019 of first-degree murder while armed for shooting Mayo on 1900 block of Bennett Place, NE on Dec. 17, 2015.Thompson filed a post-trial motion for new counsel. A sentencing date has not been set as of Sept. 3.

Murder Defendant Pleads Guilty to Double Homicide

During what was supposed to be a preliminary hearing a murder defendant pleaded guilty on Sept. 3.

Gerard James pleaded guilty to negligent homicide for allegedly striking 61-year-old Monica Adams Carlson and her 85-year-old mother, Cora Louise Adams with a bus at the intersection of 7th Street and Pennsylvania Avenue, NW on Dec.19, 2018. NBC reported that Carlson was the mayor of Skagway, Alaska.

According to the terms of the plea agreement, James could face up to 24 months for each charge.

Under the DC Voluntary Sentencing Guideline James could have face between 12 and 36 months for each charge.

The defense said they would not oppose DC Superior Court Judge Dayna Dayson ruling within the voluntary guidelines.

Sentencing is scheduled on Nov. 15.

According to court documents, on December 19, 2018, James was driving a bus for a privately owned bus company. The victims were walking Northbound on 7th Street, NW. The pedestrians waited for the cross walk signal before proceeding to cross the street. James then made a left turn to go West on Pennsylvania Avenue, NW where he collided with the victims.

Judge Sentences Murder Defendant to 8 Years in Prison

During a sentencing hearing Aug. 30, a murder defendant was sentenced to 8 years in prison.

Sean Hurd pleaded guilty to voluntary manslaughter for his role in the fatal shooting of Antonio Bryant on the 3300 block of D Street, SE in June 2015. Bryant, 28, was pronounced dead on the scene.

Hurd was indicted on charges for first-degree murder and gun possession.

As part of that plea agreement, Hurd’s gun related charges were dropped, as well as a separate gun possession case. Hurd accepted the plea offer in May.

A counselor for the prosecution admitted that the strength of the case could have led to a hung jury.

Since Hurd was not convicted on any gun related charges, he will not be required to register as a gun offender.

The victim’s family was in the courtroom during the sentencing, but declined to give victim impact statements.

Substantial Probability Defendant Killed Victim, Judge Says

A judge ruled Aug. 30 that a murder defendant would more than likely be found guilty without a reasonable doubt.

Marcus Whitaker, 28, is charged with second-degree murder while armed for his involvement in the murder of 22-year-old David Hart at an apartment complex on the 4300 block of 4th Street, SE in July of 2018.

During the preliminary hearing, DC Superior Court Judge Todd Edelman ruled that there was substantial probability that Whitaker killed Hart.

Judge Edelman said his ruling stemmed from the fact that Whitaker was placed at the scene by every witness, including his girlfriend.

Judge Edelman also said that even though the victim punched Whitaker first, he was not acting in self-defense when he used deadly force.

Judge Edelman decided to hold Whitaker without bail.

According to court documents, Whitaker was called by his girlfriend who had been punched by another witness. Whitaker arrived and encouraged the two women to fight while Hart was trying to diffuse the situation.

Hart and Whitaker then walked over to a dumpster located in the apartment complex’s parking lot. The two were wrestling on the ground when Whitaker pulled out a gun and shot Hart, documents state.

Whitaker is scheduled for a status hearing on Oct. 25.

Judge Gives Prosecution A Week to Secure Indictment

During a felony status conference Aug. 30, a judge gave the prosecution a week to obtain an indictment after the nine month limitation expired.

Jerome Myles, 20, is charged with second-degree murder while armed for allegedly shooting 19-year-old Antonio Dixon on the 900 block of 5th Street, SE on Oct. 20, 2018.

The prosecution approached the bench and explained why the indictment had not been secured. The prosecutor asked for a 30-day continuance. However, the judge denied the 30-day motion.

According to DC Code, a prosecution has nine months to obtain an indictment against a defendant. If an indictment is not obtained within nine months, the charges are considered as abandoned and the case is dismissed.

DC Superior Court Judge Todd Edelman told the prosecution that the nine month period had expired.

A felony status conference is scheduled on Sept. 6.

Document: 16 Year Old Shot to Death in Southwest, DC

The Metropolitan Police Department is investigating a homicide that occurred on the 200 block of M Street, SW.

According to a press release, police found 16-year-old Domonique Franklin, a resident of Southeast, DC, unconscious with multiple gun shot wounds on Aug. 30. He died on the scene.

According to WTOP, the camera that right outside of the apartment building where Franklin’s body was found was not working.

Franklin has been reported missing and subsequently found multiple times over the last year.

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 Washington, DC. Anyone with information about this case is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Counsel Says They’ll Be Ready for Trial

Even though there is still more work to done, counsel told a judge that they will be prepared for trial.

Timothy Gibson, 28, is charged with first-degree murder while armed for allegedly shooting 28-year-old Carl Day-Baker on the 1500 block of T Street, SE on Sept. 1, 2018. Gibson is also charged with possession of a firearm during a crime of violence and assault with intent to kill while armed.

Even though there are outstanding motions that Judge Danya A. Dayson has yet to rule on and an approaching trial date, both parties agreed at a trial readiness hearing on Aug. 28 that postponing the trial would be unnecessary. The trial is set to begin on Sept. 9.

Gibson’s defense attorney, Eugene Ohm, told the court that he also plans on opening with a self-defense argument. Ohm said that contents inside a pouch on Day-Baker formed the basis for a self-defense claim.

Ohm told the judge that a knife was found in the pouch, as well as marijuana and a scale. He suggested that the scale could have been mistaken for a gun.

One of the prosecutors said she intended to file a motion to suppress the contents of the pouch, since the pouch was closed at the time Gibson allegedly shot Day-Baker.

Judge Dayson said she would review the photos of the pouch and decide whether its contents would be admissible evidence by the next court date.

Gibson is scheduled for a status hearing on Sept. 3.

Prosecution Expects Indictment by November

During a status hearing Aug. 29, the prosecution told a judge that an indictment should be procured by November.

Alton Rivers , 54, is charged with second-degree murder while armed for his alleged role in the death of 68-year-old Anthony Anderson on the 3600 block of 14th Street, NW on July 27, 2018.

D.C. Witness previously reported that in May 2019, DC Superior Court Judge Todd Edelman gave the prosecution 7.5 months to indict Rivers.

Rivers previously pleaded guilty to second-degree murder in September of 2018, but withdrew the plea in March, saying he believed he acted in self-defense.

Rivers is scheduled for a status hearing on Nov. 15.

Defendant Pleads Not Guilty to Murder

During a felony arraignment Aug. 29, a murder defendant pleaded not-guilty to all charges.

David Hahqwon Beale, 21, is charged with first-degree murder while armed for his alleged involvement in the death of 42-year-old George Johnson, Jr. on the 800 block of Oglethorpe Street, NE on May 7, 2018.

Beale was indicted Aug. 21 on 10 charges, including seven firearms related charges, assault with intent to kill, armed carjacking, and first-degree murder while armed.

Defense attorney Betty Ballester entered pleas of not-guilty on Beale’s behalf.

D.C.Witness previously reported that Beale’s cell phone was recovered from a stolen pizza delivery car, that contained photos of Beale holding a black 9mm Glock.

After obtaining a warrant, police recovered multiple firearms, including the Glock, from Beale’s residence. Court documents state the police were able to determine that shell casings from the scene were fired from the gun found in Beale’s residence.

DC Superior Court Judge Todd E. Edelman held Beale without bail.

Beale has a status hearing scheduled on Oct. 30.

Victim’s Mother Says She ‘Feels like She has No Rights’

During a felony status conference Aug. 29, a victim’s mother asked a judge to reject a guilty plea from a murder defendant.

Robert Smith, 23, pleaded guilty to voluntary manslaughter on Aug. 29 for his involvement in the shooting of 19-year-old Nya Howard-Reynolds on the unit block of 57th Place, SE on December 4, 2018.

The victim’s mother spoke in court about her disagreement with the plea deal. She asked DC Superior Court Judge Craig Iscoe to reject the plea deal since she “felt like she had no real rights” and instead give her “adequate retribution for her loss.”

She said she already knew that DC sentencing guidelines were going to be lenient and she did not want there to be any sort of plea deal offered for Smith.

She also said how shocked she is that this was now her reality, without her daughter, and she had only been notified about the plea agreement 24 hours before going to the hearing.

Judge Iscoe explained that she does have a right to submit victim impact statements and come to every court proceeding.

However he said, she does not have a right to control the sentence Smith receives and she cannot stop the process of a plea agreement from happening.

Judge Iscoe also said that a sentencing recommendation does not mean he has to rule within the recommendation. Instead, he said he considers all the facts of the case as well as victim impact statements and what sentencing would deter a defendant from committing another offense, adequate retribution for the victim, rehabilitation for the defendant and if a defendant was incapacitated at any point while entering into a plea.

The prosecution also told the victim’s mother that the case is “technically the USA v. Robert Smith” and that they are the prosecuting body that “holds the power to determine if and when plea deals are offered.”

The prosecution and the defense agreed to a sentencing recommendation where Smith would serve between six and twelve years in prison.

Had Smith not pleaded guilty he could have faced between 30 and 60 years in prison for his initial second-degree murder charge.

Smith’s sentencing is scheduled on Nov. 15.

According to court documents, Howard-Reynolds went to visit Smith at his apartment. Smith was attempting to take a selfie video while holding a gun when the gun fired, striking Howard-Reynolds in the neck.

Prosecution Files Motion to Introduce Firearms Evidence

During a status hearing on Aug. 29, the prosecution filed a motion to introduce new firearms evidence against a murder defendant.

Master Matthew Thomas, 33, is charged with felony murder while armed and possession of a firearm during a crime of violence for allegedly shooting 59-year-old Chijioke Agbakahi. Thomas is also charged with first and second-degree murder in Prince George’s County, Md.

The prosecution was able to recover shell casings from a .40 caliber pistol on both the DC and Prince George’s County crime scenes. A firearm’s expert said the casings were fired from the same weapon.

Thomas was seen by a witness in Maryland carrying that weapon, although he was not seen firing it, according to court documents.

The prosecution argued that since Thomas was seen carrying the gun in Maryland, and that, according to the expert, the same gun was used to murder Agbakahi in DC, the evidence should be admissible during trial.

Defense counsel Heather Pinckney argued that Thomas was not seen on video firing a gun in DC, and that even if the shell cases match the same weapon, that would not necessarily mean that Thomas ever fired the weapon.

Pinckney also noted that officers from the Prince George’s County Police Department lost the recording of the interview of the identifying witness. Pinckney said that because of the lost recording the defense will not have an opportunity to challenge the witness’s identification of Thomas.

DC Superior Court Judge Craig Iscoe said he would rule on whether to admit the firearms evidence at the next hearing.

Thomas is scheduled for a status hearing on Sept. 5.

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