Murder Defendant’s Daughter Asks Judge for Lenient Sentence

During a sentencing Aug. 29, a murder defendant’s daughter requested a shorter sentence so her father could come home sooner.

Morris Kenya Harley pleaded guilty to second-degree murder for killing 35 year-old Daniel Olaya on the 1900 block of 4th Street, NW on February 6, 2019 in a vehicular homicide.

During the sentencing, DC Superior Court Judge Juliet McKenna sentenced Harley to 15 years in prison with 5 years of supervised release.

While crying, Harley’s 17-year-old daughter asked Judge McKenna for a more lenient sentence for Harley because she said, “he is the glue for our family, and we need him home sooner so our family can be one.”

The victim’s girlfriend, Angel Minor, told Judge McKenna that her son wanted Olaya to one day become his dad. “Danny had such a pure heart,” she said. “I’ve lost my best friend, companion and my confident. One day I will forgive you Mr. Harley, but it won’t be today and it will be for my own sake.”

The prosecution said that Olaya’s death was caused by a, “senseless act of petty road rage.”

Harley told the judge that he participated in a jail program that allowed inmates to get to know their victims better. He said he read Olaya’s obituary and could tell he was a good person.

“I will make this up to the Olaya family somehow,” Harley said. “I am just asking for the family’s forgiveness one time.”

Judge McKenna said she wished there was a sentence she could impose that would bring Olaya back.

She also acknowledged the fact that Harley took responsibility early and said she believed Harley was looking to make amends for his action.

According to court documents, on the night of February 6, Olaya and Harley got into a verbal altercation while driving. Harley then struck Olaya’s car with his. Olaya was transported to a local hospital where he later died.

Judge Grants Defenses Request for Additional Evidence

During a felony status conference on Aug 23., the defense asked for additional exculpatory evidence to build its case.

Tyree Irving, 22, is charged with first-degree murder while armed for allegedly shooting 22-year-old Davane Williams on Jan.15 on the 1200 block of North Capitol Street, NW.

Defense counsel, John Fowler, requested additional documents that would help craft a defense because the prosecution took too long to turnover documents from the case.

DC Superior Court Judge Dana Dayson granted the request.

The prosecution agreed to turnover the documents within ten days.

The prosecution also said a plea deal was filed. The defense has not made a decision on whether or not to accept the plea as of Aug. 29.

A felony arraignment is scheduled on Nov 22.

Document: Homicide on Irving Street, NW

The Metropolitan Police Department is investigating a fatal stabbing that occurred on the 400 block of Irving Street, NW.

According to a press release, officers located 27-year-old Margery Magill suffering from multiple stab wounds on Aug. 27. DC Fire and Emergency Services transported the victim to a local hospital where she succumbed to her injuries.

On Aug. 28 police arrested 24-year-old Eliyas Aregahegne and charged him with first degree murder while armed.

Police Arrest Suspect for Fatally Stabbing Dog-Walker

Officers from the Metropolitan Police Department responded to reports of an unconscious woman in the Northwest area of Washington, DC.

On the night of Aug. 27, Margery Magill was allegedly stabbed by 24 year-old Eliyas Agregahegne, near MedStar Washington Hospital Center. Aregahegne fled the scene before police could arrive. Magill, 27, was later pronounced dead.

The police arrested Aregahegne later that night and charged him with first-degree murder while armed. According to NBC News, Aregahegne was not under the influence of drugs or alcohol at the time of the attack.

According to the Magill’s LinkedIn profile, she was excited to make her return to DC after being abroad in Europe for two years.

“[Magill] loved the city. She loved the energy. She really wanted to build her career here and thrive off of the energy that was Washington, D.C.,” the victim’s sister told the New York Post.

In addition to the dog walking service, Magill worked at The Washington Center, a nonprofit organization that helps recent graduates find job opportunities after graduation. She also had an extensive work history related to women empowerment and international affairs.

Police Chief Pete Newsham told reporters during a press conference that Aregahegne was identified through surveillance footage from the 500 block of Columbia Road, NW.

As of Aug. 28, police have not identified a motive for the stabbing. According to Newsham, the attack appeared to be random.

Aregahegne is awaiting his first appearance in DC Courts.

Murder Defendant Receives 11 Year Sentence

During a sentencing hearing Aug. 23, a murder defendant was sentenced to 11 years in prison.

Rickie Collier, 17, pleaded guilty to voluntary manslaughter for his role in the shooting death of 25-year-old Marquiawn Williams on the 1800 block of Benning Road, NE in September of 2018. Collier was originally charged with second-degree murder.

DC Superior Court Judge Ronna L. Beck gave Collier an 11 year sentence after hearing statements from two of Williams’ cousins.

Judge Beck said she considered Collier’s history of violent crime, as well as his responsibility to his one-year-old daughter.

The District of Columbia’s Voluntary Sentencing gGuidelines recommends a 6 -to-12 year sentence for voluntary manslaughter. The prosecution recommended a 12-year sentence.

Judge Removes Contact Order in Murder Case

During a motions hearing Aug. 28, a DC Superior Court judge granted a motion to remove a no contact order from a murder defendant’s case.

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 in 2018. According to court documents, Light was an unintentional victim of a drive-by shooting.

Stockton had been ordered not to contact Kayla Thompson. He allegedly asked her to remove potentially incriminating social media posts, which Thompson then did. Stockton’s relationship with Thompson was not described.

Thompson, who is charged with obstruction of justice, is a co-defendant in the case. She was released under personal recognizance in June of 2018. Her presence was waived at the hearing on Aug. 28.

Defense attorney Justin Okezie said that since Stockton is being held without bail, and his communications are monitored, there is no need to order him to not contact Thompson.

The motion put forward by the defense to remove the order went unopposed by the prosecution. Since there were no objections to the removal, Judge Danya A. Dayson granted it.

Stockton and Thompson are scheduled for a status hearing on Sept. 26.

Judge Sets Interim Trial Date for Murder Defendant

During a trial readiness hearing Aug. 27, a murder defendant was scheduled for a new interim trial date.

Marquette Jordan was arrested on April 30, 2018, for allegedly stabbing 58-year-old Ivan Lynch, a resident of Hyattsville, Md., on the 900 block of 5th Street, SE. Jordan, 28, was indicted on first-degree murder while armed.

Trial was scheduled to begin on Sept. 9, however the new interim trial date is March 5, 2020.

At the hearing, defense attorney Howard McEachern informed DC Superior Court Judge Milton C. Lee that the defense is still waiting for discovery from the prosecution and would not be ready for trial.

The defense said they were specifically requesting surveillance video and jail house phone calls involving Jordan. Though the prosecution informed the court that they would turn over the information, the defense counselor said he would need more time to review it.

Defense co-counsel, Khadijah Ali, also filed a motion to withdraw from the case for reasons not given in open court. Judge Lee has not yet approved the motion, and Ali is still assigned to the case.

Jordan is scheduled for a status hearing on Oct. 8.

Judge Allows Murder Defendant to Go to School

During a status hearing Aug. 28, a judge allowed a murder defendant to be released from home confinement in order to finish school.

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 attorney, Iseshaah Murphy, said that Smith had chosen to get his general education diploma in Alexandria, Va. instead of commuting into DC to attend Maya Angelou Public Charter School.

Smith, with the aide of an education attorney, decided to attend the Braddock Place Campus in Alexandria, VA which is only 15 minutes away, by car, from his sister’s house, where he is currently on home confinement. Classes are scheduled to run from 8:45 a.m. to 1 p.m. and Smith must register by Sept. 3.

D.C. Witness previously reported that the prosecution was concerned with transportation for Smith.

The prosecution requested that Smith be placed on home confinement at his sister’s house in Alexandria when he was not in class. The prosecution also requested that there be tight timelines between Smith leaving the house for school and leaving school to return home.

DC Superior Court Judge Craig Iscoe ordered that Smith has thirty minutes before classes begin to get to school and thirty minutes after classes end to get home.

Judge Iscoe said Smith could not make any stops during his commute and he must provide pre-trial services with weekly schedules for approval. Judge Iscoe also said Smith has to get all additional programs approved before he can attend.

In addition, the defense and prosecution requested a change in the November 2020 trial date.

Trial is now scheduled on March 8, 2021.

A status hearing is scheduled on Nov. 1 to update Judge Iscoe on Smith’s transition.

Judge Lets 7-Year-Old Girl Testify in Murder Case

During a status hearing Aug. 28, a judge decided to allow the testimony of a seven year-old witness.

James Embre, 26, is charged with felony murder, first-degree cruelty to children and second-degree cruelty to children for his alleged role in the death of 2-year-old Aceyson Aizim Ahmad on the 3400 block of A Street, SE in April of 2018. According to court documents, Embre was involved in a romantic relationship with Ahmad’s mother.

DC Superior Court Judge Juliet McKenna said she believed, based on grand jury testimony, that Ahmad’s sister, who was six years old at the time of the murder, is competent enough to testify.

Judge McKenna said grand jury documents indicated that the child, who is now seven, understood the difference between a truth and a lie.

She also said that Ahmad’s sister tells a consistent story throughout the grand jury testimony of what happened. However, any inconsistencies the defense might see is fair game just like “any other witness” because inconsistencies does not mean someone cannot testify.

McKenna said she will not allow the child to testify outside of court because it would infringe on Embre’s 6th Amendment Right to confront witnesses. However, McKenna allowed accommodations for the child, such as squeeze balls, paper and pencils to help occupy her time in court.

McKenna also made the courtroom available before trial for the child to explore and get comfortable.

D.C. Witness previously reported that defense counsel, Jonathan Zucker, did not want the child to testify because of her inability to understand the difference between a truth and a lie. Zucker said the child gave inconsistent statements to the police and the grand jury. Zucker also said the child’s memory of events might have been distorted by suggestions from the prosecution.

The trial is set to begin on Sept. 4.

Defense Challenges Competency of Prosecution’s Key Witness

During a trial readiness hearing Aug. 26, defense counsel requested that the competency of a key witness be examined before a murder defendant’s trial begins.

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.

Gibson’s defense attorney, Eugene Ohm, requested that one of the prosecution’s witnesses have a mental evaluation to determine if the witness could accurately remember events from the past.

The basis for this challenge as it relates to the witness’s mental health was discussed off-the-record.

According to court documents, the witness saw Gibson shoot Day-Baker in the back while he was running away, and then again in the head while Day-Baker was on the ground.

Defense counsel plans to challenge the witness’s competency by speaking to an expert witness.

The prosecution said that while the expert has a relevant doctoral degree, he is not a medical doctor and should not be permitted to testify to the mental health of the witness.

DC Superior Court Judge Danya A. Dayson permitted the defense to respond by the next hearing to the prosecution’s motion regarding the expert witness. Judge Dayson also gave the prosecution until the next hearing to respond to the defense’s motion for a request for a mental observation hearing.

The trial readiness hearing is scheduled to continue on Aug. 28.

Judge Denies Motions to Modify Murder Defendant’s Release Conditions

During a continued motions hearing Aug. 27, a judge denied both the defense and prosecution’s requests for modifications to a murder defendant’s conditions of release.

Joseph Smith, 60, is charged with voluntary manslaughter while armed for his alleged role in the death of his 62-year-old brother, Arnold Smith, in their family home located on the 600 block of Galveston Place, SE on April 9.

DC Superior Court Judge Danya Dayson denied motions for modifications to Smith’s release because there were no new arguments from either side about why his conditions should be changed.

D.C. Witness previously reported that Smith was released to a halfway house, required to wear a GPS tracking device and test for drugs. Smith is also required to stay away from his sister and his family home on Galveston Place.

According to defense counsel, Jacqueline Cadman, Smith was not in court because he was in the hospital.

Cadman also requested that Smith be able to call his father under limitations imposed by the court.

The prosecution said a call once or every two weeks was acceptable.

Judge Dayson agreed to allow Smith to call his father under the guidelines proposed by the prosecution as long as his calls were monitored by the Public Defender Service.

The prosecution also said DNA testing began on the case’s evidence.

The defense will have to decide if the case’s DNA evidence will be tested independently at a hearing scheduled on Sept. 17.

Murder Defendant Pleads Guilty to 2 Felonies

During a trial readiness hearing Aug. 23, a murder defendant pleaded guilty to murder and soliciting.

Quincy Green, who is also known as Wayne Wright, pleaded guilty to second-degree murder while armed for allegedly shooting 44-year-old Dana Hamilton on the 800 block of Southern Avenue, SE in 2016.

In addition to pleading guilty to second degree murder, Green also pleaded guilty to soliciting murder in 2019.

Apparently, Green made a jail phone call where he asked a witness to tell another witness that someone in jail told on him and to kill the informant’s wife.

A sentencing date has not been set yet.

Defense Points to Missing Evidence as Reason to File Motion to Dismiss

Defense counselors told a judge Aug. 27 that they would file a motion to dismiss a murder case because of deleted body worn camera footage.

Deon Crowell, 50, is charged with first-degree murder while armed for allegedly stabbing Joni Rockingham, 53, on the 300 block of 34th Street, NE on Dec. 12, 2017.

Defense counsel, Rachel McCoy, said she along with her co-counsel, Elizabeth Weller, who was not present, would request sanctions, including a dismissal of the case, since body worn camera footage was deleted before they could see and review it.

McCoy said the prosecution emailed her on Aug 26. saying there was a “a bunch” of body worn camera footage that had been deleted and was therefore unavailable for the defense.

DC Witness previously reported that defense counsel believed the prosecution was purposefully delaying the turnover of evidence.

During an emergency hearing on Aug. 21, where the prosecution withdrew its objection to a continued trial date, DC Superior Court Judge Danya Dayson ordered both the defense and prosecution to come back to court with a list of dates of when documents were turned over.

Because of the delays, the defense filed a motion to release Crowell.

The prosecution said that timing of the document turnover should not affect whether Crowell is released or not because he is still a danger to the community.

The prosecution also said the defense did not expedite the process of turnover because they did not respond to two emails sent in April and May, respectively.

DC Superior Court Judge Danya Dayson said the lack of communication between the prosecution and defense does not relieve the prosecutions of its duties. However, she said that because of how “data heavy” the case is both parties should try their hardest to make sure the turnover process “runs smoothly.”

She said the delay did not come from gross negligence, but a break down in communication.

Judge Dayson did not want to discuss the deletion of body worn cameras because it would be a matter that would be litigated when the defense filed its motion for release.

Judge Dayson also said she was not prepared to grant Crowell’s release because she believes there were no terms or conditions that would ensure the community’s safety.

Pending the filing of the motions, an evidentiary hearing is scheduled on Oct. 4.

According to court documents, Crowell and Rockingham were associates. Rockingham was reported missing in November of 2017. Apparently, several witnesses thought she was targeted because of information she had on previous homicides.

Document: Homicide on Martin Luther King Jr. Avenue, SE

The Metropolitan Police Department is investigating a fatal assault that occurred on the 2700 block of Martin Luther King Jr. Avenue, SE.

According to a press release, police located an unidentified male unconscious on the night of Aug. 18. DC Fire and Emergency Services transported him to a local hospital. The victim succumbed to his injuries on Aug. 20.

On Aug. 22 the DC Office of the Chief Medical Examiner ruled the cause of death as complications from injuries from blunt force trauma and ruled the manner of death a homicide.

The identity of the decedent is being withheld pending next of kin notification.

On Aug. 22, MPD arrested 47-year-old Edward Banks and charged him with first degree murder while armed.

DC Homicides Increase, Arrest Rates Decline

While homicides have been increasing in Washington, DC, arrests have declined.

According to D.C. Witness data, there have been 113 deaths in the District of Columbia as of Aug. 22, a 13 percent increase from the 97 homicides in 2018 during the same time period.

Arrests have been made in 42 of the homicide cases in 2019 during that timespan, a decrease by 14 percent from the 49 cases where arrests were made in 2018.

Homicide by month in 2018 (black) and 2019 (red).

Out of the 60 suspects arrested in 2019, two defendants have been dismissed, four have pleaded guilty, three are awaiting sentencing and two have been sentenced. Nineteen are pending a grand jury, 24 are pending a preliminary hearing and nine are in court proceedings.

There are 71 homicide cases that suspects have still not been arrested for in 2019.

As of Aug. 22, 22 defendants, who were arrested in 2018, are pending trial; 15 are undergoing court proceedings; two have been released; five are pending sentencing; two are pending a grand jury trial and five have pleaded guilty.

In 2018, there were six cases that had multiple arrests.

As of Aug. 22, there have been three cases with multiple arrests.

Arrests made in 2018(black) and 2019(red)

As of Aug. 22, there are 48 homicides cases from 2018 in which no one as been apprehended for the crime, according to D.C. Witness data.

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