Prosecution Withdraws Objection on Trial Date

During a status hearing Aug. 21, the prosecution formally withdrew their objection to continue a trial date.

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.

DC Superior Court Judge Danya Dayson scheduled an emergency hearing after the prosecution withdrew their objection to continue a trial date via email on Aug. 20.

D.C. Witness previously reported that defense counsel, Elizabeth Weller, motioned for a continued trial date because the prosecution had not turned over all the case’s documents, despite the trial being scheduled on Oct. 15.

Weller said she received some of the body camera footage but when she emailed the prosecution on Aug. 20, she got no response. Weller said the prosecution withdrew their objection to the continuance within an hour of her email.

Weller also motioned for Crowell’s release until the new trial date.

The prosecution, who said she was not well-versed on the case, asked the judge to table the issue until her co-counsel returned or until she could review the case.

Judge Dayson is expected to rule on Crowell’s release at a status hearing scheduled on Sept. 27.

The judge also asked for dates the prosecution would disclose case documents and reason for the timing of the disclosures to be ready for that hearing.

Judge Dayson scheduled a new trial date on Sept. 1, 2020.

Judge Holds Competent Murder Defendant at St. Elizabeth’s Hospital

During a preliminary hearing Aug. 21, a DC Superior Court judge denied the release of a murder defendant. The judge also order the defendant remain at St. Elizabeth’s Hospital even though he was found competent.

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

Judge Todd E. Edelman previously ordered that Anderson’s competence be evaluated at St. Elizabeth’s on June 17.Judge Edelman said that Anderson needed to stay at St. Elizabeth’s to maintain his mental health.

According to a Metropolitan Police Department detective, Anderson is known to have visual and auditory hallucinations and does not take his prescribed medication.

Judge Edelman also said he found no conditions of release that could guarantee the community’s safety.

During the hearing, defense attorney Blase Kearney withdrew from Anderson’s case. Attorney Judith Pipe was appointed to represent the defendant. A reason for the change was not given in open court.

Anderson is scheduled for a felony status conference on Oct. 18.

Murder Defendant Still in Solitary Confinement After 3 Years, Defense Says

During a status hearing on Aug. 20, a defense attorney said her client has spent the last three years in solitary confinement.

Marcus Martin is charged with felony murder while armed, assault with intent to kill, conspiracy, attempted robbery and firearms offenses for his alleged role in the shooting death of 19-year-old Derryk Johnson on the 600 block of N Street, NW in 2016.

Defense attorney Dana Page told the judge that Martin has been in solitary confinement for 23 hours a day since his arrival at the DC Jail in August of 2016. She said the treatment amounted to torture and could raise constitutional issues.

The prosecution said they did not request Martin be held in solitary, only that he be separated from certain other inmates, whose identities were not stated on the record.

DC Superior Court Judge Craig Iscoe said that he doesn’t have the authority to order the DC Jail to remove Martin from solitary unless it violated the Constitution.

Judge Iscoe then spoke to the attorneys off-the-record. It is not clear whether the issue was resolved.

Judge Iscoe previously ordered that Martin be released under the high intensity supervision program (HISP) on Aug. 13. The prosecution then filed a motion to reconsider.

During the hearing, Judge Iscoe reversed his decision, Martin is currently being held without bail.

Martin is scheduled for a status hearing on Nov. 22.

Judge Orders Mental Observation Hearing

During a felony status conference on Aug. 20, a judge ordered a murder defendant to undergo a 24-hour mental exam. A mental observation hearing is scheduled to follow the exam.

On July 15, officers arrested 31-year-old Alisa Randall for allegedly stabbing 59-year-old Ronald Jones on the 1300 block of Euclid Street, NW. She is charged with second-degree murder.

D.C. Witness previously reported on July 31, that Randall was removed from the courtroom for repeated interruptions during a court proceeding. It was not stated in court whether or not the mental examination is related to the interruptions.

Randall also verbally interrupted proceedings on Aug. 20 but, she was not removed from the courtroom.

Judge Iscoe approved taking a DNA sample from Randall, so it could be tested against DNA samples taken from the crime scene. Judge Iscoe also ordered that if the swabs did not match any DNA from the scene that it could not be stored in any database for use in other cases.

Murder Defendants Discuss Possible Plea Offer

During a status hearing Aug. 20, two murder defendants were scheduled for another status hearing, so the parties would have time to discuss a plea offer.

Kewon Hunter and Stephon Evans are charged with second-degree murder while armed for allegedly shooting 21-year-old Dion Boyd on the 1400 block of Maryland Avenue, NE on July 30, 2018.

The prosecution informed the court that they intended to make a plea offer to the defendants. Both the prosecution and the defense requested another hearing date so the plea offer could be considered and explained to the defendants.

The substance of the offers were not revealed in open court.

The prosecution also said they would provide all remaining discovery materials to the defense.

Hunter and Evans are scheduled for a status hearing on Sept. 6.

Victim’s Friend Calls Murder Defendant A ‘Bonafide Thug’

During a sentencing on Aug. 20, a close friend of the victim said the defendant was a “bonafide thug.”

Tywan Porter, 26, pleaded guilty to voluntary manslaughter while armed for shooting 39-year-old Alexander Mosby in May of 2018 on the 2200 block of Savannah Terrace, SE.

During the close friend’s impact statement, she blamed low income housing for “harboring thugs” like Porter.

“The defendant did this premeditatedly and for that I hope the courts give him the maximum penalty,” she said.

Mosby’s wife and mother said how hardworking and community oriented he was.

“I’m still in disbelief that my husband is not here,” Mosby’s wife told the judge. “It is hard every day but I think of how great of a person Alex was.”

“I’ll always remember how much of a dreamer Alexander was,” his mother said. “He had so many ideas to start his businesses and he achieved almost all of them.”

The prosecution suggested that Porter receive 10 years and a significant amount of community service once released. The prosecutor said the prison term and service would be fair because Mosby was so involved in the community.

The defense suggested eight years because Porter had no prior criminal record.

The defense said Porter worked for the DC Public School System as a cafeteria manager and was a single father.

Porter apologized to the victims family but also to his family, who were present in the courtroom.

DC Superior Court Judge Todd Edelman said that Porter’s decisions were what led to the murder. Judge Edelman said he believed the suggested sentence range was appropriate for him to rule within.

Judge Edelman agreed with the prosecutions suggestion and sentenced Porter to 10 years in prison with and additional 5 years of supervised release.

He said that he could not order community service, but he did recommend that Porter complete 200 hours upon release.

How Does Inmate Placement Affect the Family Structure?

With a federal policy that can place convicted felons from Washington, DC across the country, several inmates from Washington, DC live up to two thousand miles away from everything they’ve ever known.

So, how does this affect them?

“The longer someone is out of the life of the family, the more likely they are to lose their place in the family,” said Carol Fennelly, founder of Hope House DC. Hope House DC is an organization that serves the needs of inmates who have been taken to prisons far from the District. The organization specifically focuses on decreasing recidivism and keeping incarcerated men connected to the community.

According to Fennelly, rehabilitation after imprisonment relies heavily on a connection to family and loved ones and access to treatment and services. Both of these are affected by distance from home during imprisonment.

“Equally important is how does [distance] impact the kids? Separation from their fathers dramatically affects the children as well, as mothers have to ‘become everything,’” Fennelly said.

According to the D.C. Witness database, which began in 2015, 93 percent of convicted defendants involved in murder cases are men.

Tangible improvements, such as increased employment rates and reduced substance abuse also occur when inmates can maintain family ties while they serve time, leading to a lower likelihood of being sent back to prison. And much of this ability relies on the U.S. Government.

The U.S. Department of Justice regulates inmates’ placement. According to the Inmate Security Designation and Custody Classification statement, the Federal Bureau of Prisons (BOP) has deemed 500 miles from D.C. to be a “reasonable” distance for prisoners to be placed.

As of July 5, there are 142 D.C. inmates serving sentences for murder who have been arrested since 2015. The interactive graph below indicates which states they are being held in:

Adhering to the guidelines, 69 percent of inmates are placed within the 500 mile radius at the following prisons:

Beckley FCI in West Virginia (304 miles) – 15 inmates
Hazelton FCI in West Virginia (189 miles) – 15 inmates
Rivers CI in North Carolina (210 miles) – 12 inmates
Hazelton USP in West Virginia (189 miles) – 8 inmates
Allenwood USP in Pennsylvania (193 miles) – 7 inmates
Cumberland FCI in Maryland (137 miles) – 7 inmates
Big Sandy USP in Kentucky (419 miles) – 6 inmates
McDowell FCI in West Virginia (357 miles) – 5 inmates
Gilmer FCI in West Virginia (74 miles) – 4 inmates
Lee USP in Virginia (432 miles) – 4 inmates
Petersburg Medium FCI in Virginia (130 miles) – 3 inmates
Canaan USP in Pennsylvania (264 miles) – 2 inmates
Lewisburg USP in Pennsylvania (183 miles) – 2 inmates
Butner Low FCI in North Carolina (304 miles) – 1 inmate
Butner Medium FCI in North Carolina (304 miles) – 1 inmate
Danbury FCI in Connecticut (291 miles) – 1 inmate
Fort Dix FCI in New Jersey (167 miles) – 1 inmate
Moshannon Valley CI (209 miles) – 1 inmate
Philadelphia FDC in Pennsylvania (140 miles) – 1 inmate
Schuylkill FCI (175 miles) – 1 inmate

The other 31 percent are placed outside of the 500 mile radius at the following prisons:

Atwater USP in California (2,828 miles) – 4 inmates
Berlin FCI in New Hampshire (602 miles) – 4 inmates
Coleman II USP in Nebraska (834 miles) – 4 inmates
Beaumont USP in Texas (1,327 miles) – 3 inmates
Edgefield FCI in South Carolina (542 miles) – 3 inmates
McCreary USP in Kentucky (558 miles) – 3 inmates
Pollock USP in Louisiana (1,163 miles) – 3 inmates
Carswell FMC in Texas (1,360 miles) – 2 inmates
Marion USP in Illinois (805 miles) – 2 inmates
Thomson AUSP in California (843 miles) – 2 inmates
Victorville I Medium FCI in California (2,586 miles) – 2 inmates
Victorville USP in California (2,586) – 2 inmate
Atlanta USP in Georgia (642 miles) – 1 inmate
Florence High USP in Colorado (1,684 miles) – 1 inmate
Fort Worth FMC in Texas (1,360 miles) – 1 inmate
Pekin FCI in Illinois (793 miles) – 1 inmate
Springfield MCFP in Missouri (1,034 miles) – 1 inmate
Talladega FCI in Alabama (730 miles) – 1 inmate
Tuscon USP in Arizona (2,284 miles) – 1 inmate
Waseca FCI in Minnesota (1,102 miles) – 1 inmate
Yazoo City Medium FCI in Mississippi (1,031 miles) – 1 inmate

D.C. Witness previously reported that although the BOP said it attempts to abide by the 500-mile guideline, it’s not unusual for a convict to be sent further away for various factors, including: security, population, programming and medical needs.

In 2010, the director of the Justice Policy Center told the House of Representatives Oversight and Government Reform Subcommittee that two-thirds of family members reported distance as presenting an obstacle for their ability to visit an inmate in prison, specifically noting lack of transportation. The director said contact with family members substantially increases an inmate’s chance of rehabilitation by “giving exiting prisoners a greater stake in conformity upon release.”

Still, DC prisoners’ separation from home continues.

In comparison to last year, the number of inmates serving sentences in prisons further than 500 miles from DC has more than doubled. In August of 2018, 21 DC inmates were placed outside of the radius. As of July of 2019, 43 inmates are being held at what the BOP considers an unreasonable distance from their homes, families, and loved ones.

Regina Woolridge reported on and wrote this article.

Document: Homicide on 18th Street, NW

The Metropolitan Police Department is investigating a fatal assault that occurred on the 2300 block of 18th Street, NW.

According to a press release, officers located 51-year-old Todd Messer suffering from symptoms consistent with assault on Aug. 8. DC Fire and Emergency Services transported the victim to a local hospital where he succumbed to his injuries on Aug. 16.

On Aug. 19, the DC Office of the Chief Medical Examiner declared Messer’s death as a result of blunt force trauma and ruled the manner of death a homicide.

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

Judge ‘Had It’ with Prosecution Withholding Evidence

A DC Superior Court judge said he has “had it” with the prosecution withholding evidence.

Alphonso Walker,41, is charged with first-degree murder 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.

On June 7, Walker’s defense attorney, Judith Pipe, said the prosecution was withholding evidence, including crime scene reports and the transcript of a witness’s testimony.

Multiple issues were also raised with the prosecution’s investigation, including the “timely” appearance of a witness. According to the defense attorney, the sudden appearance should place doubt on the witness’s testimony.

In response, DC Superior Court Judge Milton C. Lee said he has “had it with the Brady reports” from the defense. Judge Lee told the prosecution to begin to make the evidence available.

Walker is scheduled for a felony arraignment on Sept. 27.

Judge Releases DC Murder Defendant to Virginia Authorities

During a felony status conference on Aug. 15, a judge ordered a murder defendant be released to authorities in Virginia.

Michael Anthony Grant, 34, is charged with second-degree murder for allegedly assaulting 33-year-old Lucas Alonzo Thomas on the 3100 block of Randle Place, SE on July 28.

During a felony status conference on Aug. 19, pre-trial services informed Judge Iscoe that Grant is currently in the DC Jail, and will be extradited to Virginia by Aug. 21.

Judge Iscoe also scheduled a felony status conference on Aug. 21 to be sure that Grant was in custody in Virginia and to discuss when he might be sent back to DC for hearings related to the murder.

Grant was successfully extradited to Virginia on Aug. 21, and a warrant was issued for his return to DC after his Virginia matter is resolved.

Grant has no scheduled court dates at this time.

Video Footage, Eye Witness Testimony Plays Key Role in Murder Case

During a preliminary hearing Aug. 14, a DC Superior judge denied a murder defendant’s release after finding probable cause.

Travis Russell, 35, is charged with first-degree murder while armed for allegedly stabbing Michael Hooker, 44, on the 2700 block of Martin Luther King Jr. Avenue, SE on May 26.

Judge Craig Iscoe ruled that the prosecution had probable cause based on footage that allegedly shows the defendant leaving the crime scene as well as witnesses descriptions of the murderer.

Apparently, an eyewitness, who saw the murder, told a Metropolitan Police Department detective that Russell, who was known to stay in a shelter in the area, was near the crime scene at the time of the murder.

During the hearing, the detective said he never entered the shelter because he didn’t have an arrest warrant for Russell. He also said he did not arrest Russell, at the time, because he did not have probable cause to believe he was a suspect.

The detective said he only went to the shelter because a witness gave a description of a man with dreadlocks in a black shirt that stayed at the shelter.

However, defense counsel, Mani Golzari, said the two witnesses who said they saw the murder, did not give two different descriptions of a man police believed was Russell.

Both of the witnesses said the murderer was wearing a white t-shirt moments before the murder took place.

Surveillance footage from two cameras also show Russell, on the day of the murder wearing a white t-shirt headed to the shelter.

Those same cameras then show someone, who is suspected to be Russell, walking from the shelter in the direction of the crime scene wearing a black shirt. He can then be seen again running away from the scene in the same shirt.

Golzari said there was no probable cause that Russell committed the murder because of the different descriptions.

Golzari also said the defendant’s DNA and fingerprints were not found on the crime scene.

The prosecution said Russell could be placed at the scene of the crime by surveillance footage, which allegedly shows him walking in the direction of the crime scene. Then, moments later, he can be seen on the same camera walking back in the direction of the shelter.

The prosecution said the witnesses gave conflicting descriptions because Russell changed clothes before committing the murder.

The alleged murder weapon was not found.

Russell is being held without bail.

A felony status conference is scheduled on Nov. 22.

Document: Police Investigate 2nd Homicide on 45th Street, NE

The Metropolitan Police Department is investigating a second fatal shooting that occurred on the 1500 block of 45th Street, NE. The shootings happened two days apart.

According to a press release, officers located three victims suffering from gunshot wounds on Aug. 18. Corey Wells was transported to a local hospital, where he succumb to his injuries. Wells, 40, was the only victim to die from the shooting. The other two victims were treated for non-life threatening injuries.

According to the police, the incident is related to the shooting of Alonzo Hines Jr., 20, that took place on the same street on Aug. 16.

Document: Arrest Made on Princeton Place, NW

Officers from the Metropolitan Police Department apprehended Aug. 16 a man for the murder of another man in Northwest, DC.

According to a press release, 19 year-old Keandre Barber, a resident of Suitland, Md., is charged with first-degree murder while armed for allegedly shooting 29 year-old Juan Marcell Grant. The shooting occurred on the 700 block of Princeton Place, NW on June 19.

Barber is scheduled for his first appearance in DC Courts on Aug. 17.

Murder Defendant Breaks Down in Tears During Sentencing

During a sentencing Aug. 16, a murder defendant broke down in tears before receiving his sentence.

A ndre G ray, 56, pleaded guilty March 15 to involuntary manslaughter for his alleged involvement in the death of 37-year-old Keisha Whitaker on the 1500 block of 18th Street, SE on Sept. 12, 2018. Apparently, Whitaker was riding in the front passenger seat of a car Gray was driving while he was under the influence of PCP, a hallucinatory drug.

“I would have never imagined that this would have happened,” Gray told DC Superior Court Judge Ronna Beck. “I’ve felt this pain before, when my son died at 12 years-old. I’m sorry, I know I have an extensive record but I never thought it would come to this.”

Gray also said the experience was an eye-opener for him and he was sorry for all the pain he caused Whitaker’s family, who were not present in court.

The prosecution recommended a sentence of five years in jail.

The defense asked for four years and requested that Gray serve his time in the Butner Federal Correctional Complex located in Eastern North Carolina because of his age and medical needs.

Judge Beck sentenced Gray to four and half years in jail and recommended he serve his sentence at FCI Butner.

Judge Rules Outside of Sentencing Guideline at Defense’s Request

During a sentencing Aug. 16, a judge granted the defense’s request to sentence a defendant outside of the District’s voluntary sentencing guidelines.

David Jones, 38, was found guilty in November of 2018 of second-degree murder, driving under the influence, and leaving after colliding for killing 65-year-old Carolyn Ellis, 65, on the corner of 10th and U Streets, NW on Feb. 6, 2017.

DC Superior Court Judge Ronna Beck said that she was considering that Jones had accepted responsibility for the crime but also was considering his criminal history in her decision. His criminal history was not disclosed in open court.

Beck sentenced Jones to eight and a half years in prison with five years of supervised release.

Defense counsel, Elizabeth Weller, requested that Jones be sentenced outside the sentencing guideline because his crime did not coincide with crimes that are generally given the title of “second-degree murder.”

Weller said, she believed that the prosecution was trying to “punish” Jones for going to trial by stating things in his sentencing memo like, “Jones had no respect for the victim, legal system and life.”

Weller also said Jones accepted responsibility for his actions.

Jones said he was working on becoming a better person.

“I have been taking college courses and with the help of my family who owns a church, Jones said. “I have been able to turn my life over to Christ. I even helped to start a Christian Ministry program while in jail to show the men that with God we can get through anything.”

The prosecutor requested that Jones be sentenced according to the guidelines, which would have given him a sentence between 13 and 25 years in prison. Jones’ conduct was outrageous, and he was offered plea deals but declined which resulted in a trial, the prosecutor told the judge.

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