Defense Attorney Asks For Reasoning Behind Immunity Offer

A defense attorney requested the reason why an eyewitness was given immunity during a felony status conference on Oct. 1.

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.

D.C. Witness previously reported that DC Superior Court Judge Todd Edelman gave the prosecution until Oct. 1 to obtain a grand jury indictment.

The prosecution gained the indictment on Sept. 30 and said that the witness’s testimony was the “key to the indictment.” The prosecutor also said she offered immunity to the witness.

The prosecution said she plans to file a protective order for documents in the case.

Defense attorney Brandi Harden said she wanted to know the details of the crime the witness needed immunity for. Harden also said she would “probably not sign [a protective order] if it is one of those generic protective orders.”

Harden requested that Myles, who is currently released under the high intensity supervision program (HISP) on home confinement, be able to move to his aunt and uncle’s house. The location of the house was not discussed in open court.

Judge Edelman asked the prosecution to turn over all the necessary documents to the defense.

He also approved Myles’ change of address as long as he cleared it with pre-trial services.

A status hearing is scheduled on Nov. 1.

Defense Builds Third Party Perpetrator Case

<span class="mce_SELRES_start" style="width: 0px; line-height: 0; overflow: hidden; display: inline-block;" data-mce-type="bookmark"></span>During an ex-parte hearing, defense counsel said another person committed a murder, exonerating his client.

Chad Everette Hawthorne is charged with first-degree murder while armed for his alleged involvement in the death of 35-year-old Antonio Bassett on the 3900 block of Pennsylvania Ave., SE on May 22, 2017.

The hearing was held after Hawthorne, 38, filed a motion on Sept. 26 to advance a third party perpetrator defense. To-date, Hawthorne has filed 26 motions on his own behalf.

Defense counsel Steven Kiersh approached the bench to show DC Superior Court Judge Juliet McKenna that someone else killed Bassett in 2017.

Kiersh said there was a witness that could corroborate his defense. Kiersh did not give more details in open court.

Trial was expected to begin on Oct. 15. But, Kiersh said he made a significant discovery about one of the prosecution’s witnesses that may lead to a continuation. Kiersh did not give any more detail about his discovery in open court.

Judge McKenna said the only way this defense’s theory would be denied would be if the person of interest was in jail or the hospital at the time of the murder.

A status hearing is set on Oct. 3 to address Kiersh’s issues with the prosecution’s witness.

Document: Traffic Fatality in Congress Heights

During the early evening hours on Sept. 30, a driver of a moped was killed in a traffic accident at the intersection of Martin Luther King Jr. Avenue and Malcom X Avenue, SE.

According to a press release from the Metropolitan Police Department, a vehicle traveling southbound on the 2900 block of Martin Luther King Jr. Avenue, SE proceeded to make a left turn onto the 600 block of Malcolm X Avenue, SE.

As the vehicle turned a moped crashed into the vehicle as the moped was going northbound on Martin Luther King Jr. Avenue, SE, the driver of the moped was ejected, the release said. DC Fire and Emergency Services transported 19-year-old Jawan Evans to a local hospital where he was pronounced dead.

Anyone with information regarding this incident is requested to contact the Metropolitan Police Department at (202) 727-9099.

Judge Sets Trial Date for Man Charged with Double Homicide

A trial is set to begin in June of 2020 for a man accused of killing two men in a house in Northeast, DC.

Alphonso Walker,41, is charged with first-degree murder while armed with aggregating circumstances, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction and attempt to commit robbery while armed for allegedly shooting Dalonte Wilson, 23, and Antone Brown, 44. The double homicide occurred on April 25, 2018, on the 400 block of 61st Street, NE. Walker was indicted for the charges on Sept. 25.

With a court calendar open for 2020, DC Superior Court Judge Milton C. Lee agreed to schedule Walker’s trial date on June 2, 2020. A motions hearing is set to occur on June 1, 2020.

The date was set in advance to give the defense time to decide if independent DNA testing would be conducted. However, Walker’s defense attorney, Judith Pipe, said that it is unlikely the defense will conduct independent testing.

Walker also said she does not see any plea negotiations happening before trial.

As of Sept. 27, the prosecution has handed over evidence in the case, and a protective order is pending for a witness’s Grand Jury testimony.

According to court documents, a witness said the shooting occurred after a physical dispute. It is not clear if the witness is the same witness that provided testimony for the Grand Jury.

A ststus hearing is scheduled on Dec. 10. The defense’s decision on independent testing is expected at the hearing.

Biker’s Family Asks for Harsher Sentence

The family of a murdered man gave emotional testimonies and called for the maximum sentence for the killer.

Robert Earl Little Jr. pleaded guilty voluntary manslaughter in July, for driving a stolen van that killed David Salovesh, 54, on April 19 at the intersection of 12th Street and Florida Avenue, NE.

“Tomorrow is my seventeenth birthday and instead of something to look forward too, it is just a painful reminder of all the years to come without him,” Salovesh’s daughter said.

Salavesh’s daughter said that even though their relationship had been through some turbulence, it was overwhelmingly positive.

She requested that Little, 25, to be sentenced to 25 years.

The daughter’s boyfriend told the judge about how Salovesh had been a father figure to him. He said Salovesh was a very giving man and had helped him immensely.

“I lost a friend and a father…Little deserves the harshest punishment,” he said.

Salavesh’s widow, Jean DeStefano, said the victim was a multifaceted person. He was a biker, a technology professional, a handyman and a friend to many, she said.

DeStefano said her life had been extremely difficult since the loss of her husband both financially and emotionally. She did not believe that Little was apologetic or sorry for his actions.

“You murdered my husband and our family,” she said.

DeStefano said she would like to see Little in jail for the rest of his life. She asked DC Superior Court Judge Craig Iscoe to sentence Little to the maximum time, revoke his driver’s license permanently, order him to get drug treatment while incarcerated, and require him to read the victim impact statements.

The prosecution asked Judge Iscoe to accept the terms of the plea agreement, citing Little’s conscious disregard for the law and safety of others

Little’s defense counsel, James King, told the court that when he had met Little in court he was a very apologetic man. He said Little was not in fact under the influence of PCP at the time but that he had some of the drug left in his blood stream from a previous day.

King told the courtroom that Little had a difficult life and had been using drugs to escape his problems.

Little addressed the victims family and apologized.

He said he understood why the family was mad and he would be mad, too if he were in their shoes. He insisted the he was not a stupid person, however, he had done some stupid actions.

“I didn’t think someone was going to die,” Little said.

Judge Iscoe said he was moved by the more than 40 victims impact letters from Salovesh’s friends and family. The letters contained testimonies to how gregarious,intelligent, and impactful the 54-year-old was, the judge said.

“This is one of the most painful sentencings I have ever experienced,” he said.

Judge Iscoe agreed to the terms of the plea deal and sentenced Little to 8 and a half years in prison for voluntary manslaughter with five years of supervised release. In addition, he ordered that Little participate in drug testing and drug treatment.

According to court documents, Little was going 76mph down Florida Avenue, NE in a stolen van attempting to evade police. He then struck another car at a red light and propelled into Salovesh who was waiting at the light on his bicycle. There were also traces of PCP found in his blood.

Murder Defendant Fires Attorney

On Sept. 30, a murder defendent requested new counsel.

Delonta Daniel, 32, is charged with first-degree murder while armed for his alleged involvement in the shooting of Bernard Jarvis, 25, on the 2400 block of 14th Street, NE on June 28. Jarvis died on the scene.

Kristin McGough, Daniel’s current defense attorney was not available in court today.

Daniel discussed why he wanted new counsel off the record with stand-in counsel, Kevin Irving.

The prosecution also discussed presenting evidence to the defense team pending a protective order.

This evidence would provide defense counsel with a witness’s name and contact information. The protective order would deny the defendant access to this information.

The prosecutor said she would turn over the evidence when new defense counsel is obtained.

DC Superior Court Judge Danya Dayson granted the motion for new counsel.

Daniel said he may retain his own defense counsel.

An arraignment hearing is scheduled on Oct. 16 to appoint a new defense attorney if Daniel has not obtained one himself.

The case is still pending a grand jury indictment.

Daniel is being held without bail.

Murder Defendant Requests New Counsel, Postpones Trial

For the second time in a year, a murder defendant filed a motion for his defense counsel to withdraw.

Edward Hampton Brown, 57, is charged with robbery while armed of a senior citizen and first-degree murder while armed of a senior citizen for his alleged involvement in the murder of Michael Mahoney, 71.

Brown allegedly stabbed Mahoney on the 2300 block of 11th Street, NW on Feb. 5, 2018.

On Sept. 30, which was scheduled to be the beginning of jury selection, Brown requested his counsel, Kevin Irving and Errin Scialpi, to be withdrawn from the case before the trial could begin.

DC Superior Court Judge Milton C. Lee granted the request, saying that although he did not want to go into specifics, the relationship between Brown and his lawyers was not working.

“It’s going to take me a few days to find a lawyer,” Judge Lee said. Judge Lee said that he hoped the delay would not be long.

The prosecution told the judge that this is Brown’s second change in counsel for this case.

According to court documents, Brown filed a motion to withdraw his previous counsel, Madalyn Harvey, on July 13, 2018, for reasons that were discussed at the bench.

The prosecution did not object to the motion to withdraw.

A status conference is scheduled on Oct. 7.

Document: Homicide on S Street, NW

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Sept. 29.

According to a press release, officers found 19-year-old Tahlil Byrd suffering from a gunshot wound on the 600 block of S Street, NW. Byrd 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 Jasper Street, SE

The Metropolitan Police Department is currently investigating a fatal stabbing that occurred on Sept. 28.

According to a press release, officers found 52-year-old Anthony Hardy suffering from a stab wound on the 2800 block of Jasper Street, SE. Hardy was pronounced dead at a local hospital.

Defendant Receives 6 Life Sentences for Murder

A murder defendant received six life sentences without the possibility of parole in addition to several lesser sentences for the murder of an out of town artist.

El Hadji Alpha Madiou Toure, also known as Elie Brown, was convicted on 13 counts, including first-degree murder while armed, first-degree sexual abuse, kidnapping while armed and robbery while armed, for stabbing Corrina Mehiel on the 600 block of 14th Street, NE in 2017. According to court documents, Mehiel’s stab wounds were consistent with torture.

“Toure is an evil being… I know life in prison is the best we can hope for,” Mehiel’s aunt said in a victim impact statement. “Toure losing his life would be more just, to me.”

More than 20 friends and members of Mehiel’s family were present at the sentencing on Sept. 26. Nearly all of the victim’s family members were brought to tears at some point. According to DC Superior Court Judge Juliet Mckenna, approximately 23 written victim impact statements were filed; six were read during the sentencing.

The prosecution asked the judge to give Toure the maximum sentence which one of the attorneys said they do not ask for often, adding that Toure had shown no remorse.

“This was not a split second decision,” said one prosecutor. “He watched her. He stalked her like an animal stalking his prey.”

D.C. Witness previously reported, Toure watched Mehiel, 34, while she was loading her car outside of her apartment before proceeding to take her hostage, according to the prosecution’s theory.

Mehiel’s arms and legs were bound with shirts and leggings before she was raped and stabbed to death, according to the medical examiner. What happened next was “is literally the definition of torture,” according to the prosecution.

According to the medical examiner, Mehiel’s death was not instant and she may have lived for up to an hour after sustaining her injuries. Mehiel was stabbed more than 37 times in the neck according to the prosecution, but the medical examiner could not account for the number of stab wounds which contributed to a “gaping hole” in her neck.

“It was a personal nightmare I worry about and I’m sure many other women worry about,” said Mehiel’s aunt. “But Corrina lived it… I can only hope her senses were dulled quickly with shock.”

Of Toure’s six life sentences, five were for murder charges and one was for first degree sexual abuse. He also received three 30 year sentences, three eight year sentences and one three year sentence for various charges including kidnapping while armed, first degree robbery while armed and identity theft.

“This world was bright with hope with sweet Corrina in it,” said Mehiel’s stepmother in her victim impact statement. “She was nothing to him, as any other woman would have been. His choice to kidnap, rape, torture and brutally stab Corrina to death is his legacy.”

In the days following Mehiel’s death, surveillance footage shows a man who the prosecution believed to be Toure using Mehiel’s ATM card to withdraw a total of $4000 from multiple ATMS. According to the prosecution, Toure also stole Mehiel’s camera which was very important to her and the art she created.

In addition to her photography, Mehiel worked on a number of art projects using materials unwanted by others, including abandoned bikes and nonfunctional parking meters. According to her cousin Mehiel “created beautiful art in neglected spaces.”

Mehiel was visiting Washington, DC to work as a project assistant at The George Washington University’s Corcoran School of the Arts and Design. Mehiel planned to leave the District the day after she died.

“She lived with my family and took care of us as we took care of her,” said Mehiel’s friend and mentor in his victim impact statement. “I meet students every day and I do not dare get close to them because of this loss.”

Toure’s defense attorney, Jason Clark asked that Judge McKenna sentence Toure to 30 years, the minimum required by sentencing guidelines bearing in mind difficulties in his past.

Instead, Judge McKenna passed down the most severe sentences available, in light of the brutality of the crime and Toure’s criminal history.

“Mr. Toure’s actions in abducting Ms. Mehiel and torturing her for nearly three hours were cold,” Judge McKenna said.

Judge Removes Murder Defendant from Halfway House

During a halfway house remand hearing Sept. 27, a judge ordered a murder defendant’s release be revoked.

Sean McKenzie, 22, is charged with first-degree murder while armed for his alleged role in the fatal shooting of 29-year-old Kenneth Poindexter on the 4700 block of Benning Road, SE. Charles Young, Steven Robin, and Edward Brown are co-defendants in the case, and are also charged with first-degree murder while armed.

McKenzie had previously been released to a halfway house on July 30. Since that time he was caught violating several rules, and the prosecution requested that he be held in jail without bond. DC Superior Court Judge Todd E. Edelman granted that request.

McKenzie was seen approaching a gold vehicle outside the halfway house, despite being told not to. After he was searched, he was found to be carrying $240 in cash, a digital scale, and rolling papers.

It is against halfway house policy to have more than $50 on your person. A digital scale and rolling papers are considered drug paraphernalia.

McKenzie is scheduled for a felony status conference on Nov. 15.

Judge Sentences Murder Defendant to 15 Years in Prison

During a hearing Sept. 27, a murder defendant was sentenced to 15 years in prison.

David Hackney, 59, pleaded guilty to second-degree-murder while armed for stabbing 46-year-old Chester Belfield on the 1000 block of Southern Avenue, SE on April 13.

Hackney accepted a plea deal in July which recommended a sentence of 15 years in prison, followed by five years of supervised release. DC Superior Court Judge Milton C. Lee, Jr. accepted that deal.

Members of Belfield’s family were present during sentencing. Belfield’s wife gave a written statement which the prosecutor read aloud to the court. The statement said Belfield was “my soulmate, my best friend.”

She also described the financial and emotional hardships that her family has been suffering since losing the Belfield.

“We will never be the same,” Belfield’s mother said.

Before sentencing Hackney, Judge Lee said his children, especially his daughter, had spoken so highly of him during earlier hearings. “I don’t know where that person was that day. If you had been that person that day, we wouldn’t be here,” Judge Lee said.

Family Goes to Counseling Because of ‘Immense Grief,’ Victim’s Fiancee Says

The fiancée of a victim said the entire family has been torn a part since his murder.

DC Superior Court Judge Lynn Leibovitz found a juvenile was responsible for the charges of second-degree murder while armed, unlawful possession of a firearm and unlawful possession of ammunition for the murder of 23-year-old Jamal Kwame Crump on the 1300 block of Monroe Avenue, NW on Feb. 27.

“We go to counseling as a family at least two times a week because of what happened,” Crump’s fiancée said during the disposition. “Jamal being a trusting person got him killed and that is wrong on so many levels and the immense grief has been overwhelming.”

Crump’s fiancée also said that Crump and the defendant were supposed to be friends because of their Muslim faith.

The prosecution asked that the juvenile defendant be held at the Department of Youth Rehabilitation Services (DYRS) until 21 years old.

“Supervision in the community is not enough given how heinous this crime was,” said the prosecutor.

The prosecutor said because the juvenile had not been compliant in DYRS and was trying to evade police during the murder investigation, he needed to spend the maximum amount of time committed in order to rehabilitate.

“The defendant wants to improve … and move forward from this,” said the defense attorney.

The defense said that because the juvenile had such a great family structure, the defendant should be committed until 18. The defense also said the juvenile has shown signs of leadership while committed and would like to keep in contact with an attorney in order to finish high school.

“It’s startling to know someone this young committed this murder,” said Judge Leibovitz.

Judge Leibovitz committed the juvenile to DYRS until 21. “It is the best course of action not only because of the seriousness of the crime but because the juvenile clearly has some mental health challenges to overcome.”

During the trial, D.C. Witness previously reported that a witness said the juvenile wasn’t concerned with any repercussions from the murder. “Don’t worry about it. It’s going to be alright. I’ll just go down to the C (Youth Corrective Services) and get out when I’m 21,” the witness said the juvenile told him.

Murder Defendant’s Mother Says He is ‘Lovable’

During a trial for the murder of a 2-year-old, a murder defendant’s mother said her son was never a disciplinary figure towards his girlfriend’s children.

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.

“Jimmy never exhibited violence from what I know. He’s always been a lovable person,” said Embre’s mother. “He cared for those kids. He wasn’t the authority figure from what I saw.”

The prosecution asked about Embre’s mother’s relationship to the children and about her whereabouts on the night of the murder.

Embre’s mother said she recalled a time when Aceyson’s mom asked her to go to their apartment. She said when she got their she found out that Aceyson’s sister had pushed the baby off a bed.

She said she then had a long talk with the girl about how to treat her brother and why hitting him was inappropriate.

Embre’s mother said she would see the kids and her son at least once a week. She also said she would rarely see Aceyson’s mom.

“She always just stayed in the room, she never really came out or socialized with us,” Embre’s mother said.

Embre’s mother also said that, on the night that Aceyson died, Embre called her and asked her to come to his place. When she arrived Embre, Aceyson’s mother and the baby’s sister had already gone to the hospital.

She said she attempted to talk to Embre at the hospital, but an officer stepped in front of her. The defendant’s mother said that she went back to find Embre, after learning of Aceyson’s death, and learned that the baby’s sister told police she saw Embre punch Aceyson.

Trial is scheduled to resume on Oct. 2.

Prosecution Doesn’t Plan On Testing Evidence in Murder Case

There is at least one piece of evidence available for testing in a 2018 homicide case, but the prosecution said testing would probably not be conducted.

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.

Defense attorneys Justin Okezie and Gemma Stevens said they may still choose to conduct DNA testing on the evidence. Neither attorney gave any indication if the testing would occur.

According to court documents, Light was an unintentional victim of a drive-by shooting. The drive-by shooting began near King Convenience Store located on the 1500 block of U Street, SE and ended on the 2000 block of U Street, SE, according to court documents. Stockton also injured three other people during the shooting.

Stockton’s next status hearing is scheduled on Nov. 7. The defense is also expected to decide if independent DNA testing will be conducted at the hearing.

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