Document: Traffic Fatality in Columbia Heights

In the early morning hours of Aug. 4, a passenger of a vehicle was killed in a traffic accident on the 1200 block of Harvard St., NW.

According to a press release from the Metropolitan Police Department, a vehicle traveling at a high rate of speed lost control and crashed into a parking lot guard booth. The passenger, 39-year-old Nelson Orellana, was pronounced dead at the scene.

The driver of the vehicle was treated for non-life threatening injuries. The crash is still under investigation and there have not been any arrests as of Aug. 4.

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

If Only It Were That Simple

DC’s blossoming homicide rate has crossed some kind of rubicon. The weekend of July 20 got so bad that the police chief held a press conference, called in the feds and got the Mayor’s office involved.

The cause for the deadliest weekend in recent memory, said Chief Newsham, was a veritable flood of illegal guns. This is nothing new in DC. Gun-related homicides have been on a steady rise since 2017, rising by approximately 56 percent in the last two years.

To respond to this increase, Chief Newsham called on everyone to help get those guns off the streets, thereby making us all safer.

At D.C. Witness, we cringed when we heard this. Our non-profit website tracks every homicide in DC from act to judicial resolution and gathers every piece of data we can on those deaths.

We cringe, not because the chief is wrong, but because we wish it were as simple as illegal guns. We fear shifting the focus to guns will make this a single issue debate: guns. Only a fool would think such a debate leads to anything but political grandstanding and hardened positions around gun rights vs. gun control and the problem will get no closer to being solved.

Don’t get us wrong. We support their aim of attacking the growing homicide rate whole-heartedly. But, let’s ask the next question. Since nothing has recently changed in gun laws, what has changed that has brought in this recent flood of violence?

D.C. Witness takes a more holistic approach to data than the MPD, which is focused on the policing part of the equation.

Here is what’s missing from the Chief’s stand:

D.C. Witness knows, from tracking each case, that men are buying guns because they increasingly feel they need to protect themselves. Data also shows that petty insults, more than anything else, is the motivation for pulling the trigger. Neither of those can be resolved simply by policing or going after illegal guns.

So, while getting rid of illegal guns is to be supported, unless we address the growing fear that engenders the need for protection, and the lack of impulse control, getting rid of the guns might in fact create the paradox of actually just increasing the demand for more illegal guns.

We fear Chief Newsham’s public plea may unintentionally be warping the search for a real solution and setting his own department up for failure, when the guns continue to flow into our city. Neither outcome is in our collective interest, nor will it stop the killing.

Judge Grants Continuance for Defense Counsel

During a status hearing Aug. 1, a judge granted both parties a continuance after defense counsel had a family emergency.

Tony Antoine McClam, 29, is charged with first-degree murder while armed for allegedly shooting 11-year-old Karon Brown on the 2700 block of Naylor Road, SE on July 18. The police initially charged McClam with second-degree murder, however Magistrate Judge Renee Raymond increased the charge July 24.

Ronald Resetarits stood in as McClam’s counsel. McClam’s defense attorney, James King, could not be in court due to a family emergency. The prosecution did not object to a continuance.

Court documents state that Brown had been seeking refuge in a vehicle when McClam, 29, shot multiple times at the fleeing car.

There have been seven homicide victims who were 18 years old and younger in 2019 as of Aug. 2, according to D.C. Witness data. Six of those victims, including Brown, died from gun-related violence.

DC Superior Court Judge Ronna Beck set a preliminary hearing on Aug. 30.

Judge Removes Murder Defendant from Courtroom

A murder defendant was removed July 31 from a courtroom after she repeatedly interrupted judicial proceedings.

Alisa Randall, 31, is charged with second-degree murder while armed for allegedly stabbing Ronald Jones, 59, in an apartment on the 1300 block of Euclid Street, NW. Randall was arrested on July 15, but it is unclear when exactly Jones died. Jones died of a stab wound to the chest.

During the defense counsel’s cross examination of a Metropolitan Police Department detective, Randall made several inaudible disruptions so the judge removed her from the courtroom.

Apparently, Randall said Jones attacked her. She also said Jones sexually assaulted her daughter.

Defense counsel said Randall stabbed Jones in self-defense after she tried to get away from him.

However, the prosecution emphasized that the defendant had no wounds on her and that she never called for help after stabbing Jones.

The prosecutor also said a bag, which authorities believed to contain Jones’s belongings, was found outside the apartment with suspected blood on it.

DC Superior Court Judge Milton Lee denied defense counsel’s request to release Randall to a half-way house.

Judge Lee said there were several instances when Randall failed to appear to court, and he didn’t believe her presence in court could be guaranteed.

Judge Lee said he was also concerned that Randall never called the police after stabbing Jones.

Randall has a felony status conference scheduled on Oct. 21.

Judge Denies Motion to Release Murder Defendant

During a detention hearing Aug. 1, a judge denied the defense’s request for release because of community safety.

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 two counts of possession of a firearm during a crime of violence and assault with intent to kill while armed.

DC Superior Court Judge Danya Dayson ruled that Gibson could not be released to a halfway house or jail program because she was not sure that Gibson would comply with the rules. She derived this notion from calls Gibson made while in jail.

“I’m hoping I get sent to Hope Village, that joint, I know I can get away with some shit,” Gibson said on a call.

Judge Dayson said, “these statements are worrisome and convinces me that Mr. Gibson is looking for ways to circumvent the rules.”

A trial readiness hearing is scheduled on Aug. 20. A trial date is set on Sept. 9.

Defense Seeks New Co-Counsel

During a status hearing on Aug. 1, defense counsel requested an additional status hearing so that qualified co-counsel can be found.

Denzel Grandson, 26, is charged with first-degree murder while armed on May 1, 2018, for allegedly shooting 36-year-old Simwone Milstead at 2700 block of Langston Place, SE in 2014. Milstead succumbed to his injuries at a hospital the following day.

Andrea P. Antonelli was co-counsel on Grandson’s case until she withdrew from the case on July 29. Grandson’s other attorney, Charles P. Murdter, requested additional time to find a new co-counsel with both the qualifications and availability to assist.

DC Superior Court Judge Juliet J. McKenna granted the request. The next status hearing wis scheduled on Aug. 14.

When Judge McKenna asked attorney Murdter if he would also need the trial to be postponed, Murdter responded that he was “optimistic”, and believes he can be ready for trial without a new date.

Grandson’s trial is scheduled to begin Sept. 30.

Paul Mullholland contributed to this story.

Trial Review: Family Dispute Turns Into Murder

After deliberating for one day, the jury found a man guilty of murdering his cousin.

Gary “Little Gary” Procter was found guilty of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition for his alleged involvement in the death of his cousin, Jerome “Beanie” Diggs, 47. The crime occurred on the 1300 block of First Street, SW on July 27, 2015.

Even though the trial began on July 15, the jury wasn’t called in until July 22 due to several witness conflicts. Closing arguments occurred on July 31.

The victim’s brother alluded to Proctor’s criminal history in his testimony on July 22, so defense attorney Steven Kiersh filed for a mistrial. Judge Dayna Dayson denied the motion because the witness did not give any context to Proctor’s alleged crime.

On that same day, the victim’s neighbor testified and said she heard gunshots. She told the court she waited a few minutes until she went outside and found Diggs with multiple gunshot wounds outside his back kitchen door.

She also said Diggs said it was “Little Gary” who shot him.

“I heard everything,” the neighbor said. “He was speaking so clear.”

The victim’s sister also told the jury that Diggs called her on the day of the murder and told her that his cousin, Gary Proctor, had shot him.

He “felt like he wasn’t going to make it,” the sister said.

Throughout the trial, several witnesses testified about a family barbecue that happened on July 11, 2015. The event turned violent after the defendant, his father and his uncle got into a physical altercation with the victim and his nephew.

According to a witness, Proctor wasn’t initially at the flight until his father called him. He allegedly showed up to the event with bats and sticks that they used to attack Diggs and his nephew.

The nephew was sent to the hospital, according to a witness.

The mother of Diggs’ nephew was upset and began to send threatening texts to Proctor’s father accusing him of child molestation and kidnapping.

After several days, the defendant’s father filed a Civil Protection Order (CPO) against the victim’s sister. The court date is set on Aug. 3.

The victim’s sister said Diggs told her that both Proctor and his dad asked him to not to testify and even offered to pay him money.

A gun has not been recovered, but investigators said the eight shell casings found in Diggs’ home could only be used with four types of guns.

Security footage shows Proctor dropping off his cell phone at a mobile store the morning after the murder. Police found images of a Smith and Wesson, which is one of the possible types of guns that could have been used to kill Diggs, on the phone.

According to DC courts, the defense is expected to file a motion for a new trial by Oct. 1. A status hearing is scheduled on Nov. 1.

Prosecution Says Man Murders Cousin, Defense Says ‘No Evidence’

During closing arguments, the prosecution reiterated several motives that would cause a man to murder his own cousin.

Gary “Little Gary” Proctor is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition for his alleged involvement in the death of Jerome “Beanie” Diggs, 47. The crime occurred inside the victim’s house located on the 1300 block of First Street, SW on July 27, 2015.

The prosecutor explained the evidence piece-by-piece, saying it shows that the defendant had several reasons to murder the victim, including drugs, a family dispute and snitching.

During the investigation, police searched Proctor’s 2012 Toyota Corolla and recovered a piece of paper with a list of names and dollar amounts next to them. The list included Diggs’ name with the amount of $120 written out next to it.

According to several sources, the victim had a drug addiction problem and used crack-cocaine on a daily basis. Diggs allegedly bought drugs from the defendant, who, in turn, sold drugs out of the victim’s house.

Apparently, Proctor lived with his mother in a government-issued residence.

According to the prosecution, Proctor’s mother was caught him selling drugs to to a woman Diggs was in a relationship with. “You better not be selling drugs inside of my home,” the mother said after she caught the defendant.

The prosecutor also said a witness told the court that Diggs told Proctor that he could no longer sell drugs from his home, either.

But, the defense said there was no hard evidence to prove that Proctor was the person who killed Diggs.

“My client, Gary Proctor, is not guilty,” defense attorney, Steven Kiersh, said.

Furthermore, Kiersh said that the only eyewitness in the case is the victim himself. Kiersh said the prosecution was relying on the alleged declaration that a dying man supposedly made through a phone call.

According to the victim’s sister, Diggs called her after he was shot and said “Little Gary” shot him.

The jury began deliberations on July 31.

Document: Homicide on Savannah Street, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 1300 block of Savannah Street, SE.

According to a press release, after arriving on the crime scene, officers located 26- year-old Anthony Hooks suffering from multiple gunshot wounds on July 30. DC Fire and Emergency Service determined he showed no signs of life and was pronounced dead.

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 is asked to call the police at 202-727-9099. Anonymous information may also be submitted to the department’s Text Tip Line – 50411.

Prosecution and Defense Rest Case in Murder Trial

After nearly two weeks of murder trial, the prosecution and the defense rested their cases.

Gary Proctor, 41, was indicted by a Grand Jury in 2016 on charges of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome Diggs on July 27, 2015, on the 1300 block of First Street, SW.

The prosecution rested its case after questioning the lead detective about a phone that was recovered from the murder defendant when he was arrested. Apparently, Proctor exchanged the phone he had with him during the murder with a new phone the day after the murder.

Proctor’s defense attorney, Steven Kiersh, said he and Proctor made the tactical decision not to call any of the witnesses who were on subpoena. Kiersh did not explain the defense’s reasoning for doing so.

Proctor also made the choice not to testify. Kiersh renewed his motion for DC Superior Court Judge Danya Dayson to find Proctor not guilty of the charges. The Judge did not make a decision on the acquittal.

Closing arguments are scheduled to be made July 31. The jury is expected to begin deliberations after.

Document: Police Arrest Suspect for Homicide in Congress Heights

Officers from the Metropolitan Police Department arrested a man July 29 who they believe is connected to a homicide that took place on the same day.

According to a press release, 34-year-old Michael Anthony Grant is charged with second-degree murder for his alleged role in the death of 33-year-old Lucas Alonzo Thomas on the 3100 block of Randle Place, SE.

Thomas was found on July 28 by police with injuries consistent with an assault. Thomas died as a result of his injuries the next day.

This case remains under investigation.

The Metropolitan Police Department is 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 should call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Judge Continues Preliminary Hearing To August

On July 25, a preliminary hearing was continued to Aug. 14 due to counsel not finishing arguments about a defendant’s involvement in a murder.

Travis Russell is charged with first-degree murder while armed for allegedly stabbing of 44-year-old Michael Hooker on the 2700 block of Martin Luther King, Jr. Avenue, SE on May 26. Russell, 35, has not been indicted.

During the hearing, counsel questioned one of the detectives on Russell’s case about the details of the investigation.

According to the detective, a verbal dispute occurred between Hooker and Russell on Martin Luther King Jr. Avenue. Russell then went to a men’s shelter where he resided and changed his clothes. In that time, Hooker and a few other individuals walked to the bus stop in front of the Player’s Lounge Bar.

Surveillance video shows a man, who police believe is Russell, walking in the direction of the bus stop with what appears to be a glass bottle in his hand. The man walks out of view of the camera, and walks back in view moments later, without the bottle.

The man is seen walking back into the men’s shelter, where the detective said drops of blood could be seen on the floor. Surveillance video shows the man wrapping his hand with a bandage.

Police recovered shattered pieces of a Corona beer bottle at the crime scene. The detective said shards of glass from the bottle had blood on them. However, DNA testing came back inconclusive, court documents state.

According to an autopsy report from the Office of the Chief Medical Examiner of the District of Columbia, the cause of death was a stab wound to the neck.

The case is still under investigation.

Judge Postpones Hearing in Co-Defendant Murder Case

Defense attorneys in a co-defendant case said they needed more time to test DNA evidence during a status hearing on July 26.

Gabriel Brown, 30, and Antonio Upshaw, 30, are both charged with first-degree murder while armed for their alleged roles in the murder of 24-year-old Tyrone Johnson. The incident occurred on the 2300 block of Pennsylvania Avenue, SE on March 10, 2017. Upshaw is also charged with robbery while armed with a firearm and possession of a firearm during a crime of violence.

DC Superior Court Judge Todd Edelman said the July 26 hearing was supposed to be a status hearing where the defense would discuss the results of DNA testing and decide what further actions to take.

However, the attorneys said they weren’t ready to conduct the hearing.

Brown’s attorney, Keven Irving, said he was waiting on additional evidence from the prosecution. He said until he gets the material, he can’t make a decision about whether he would test particular items.

According to court documents, officers of the Metropolitan Police Department found Johnson lying in an alley, suffering from multiple gunshot wounds. He was pronounced dead at the hospital later that morning.

The hearing was rescheduled on Sept. 20.

Judge Schedules Motions Hearing for Early August

During a felony status conference July 30, a DC Superior Court judge scheduled a motions hearing on Aug. 7.

Steven Robin, Antonio or Sean McKenize, Charles Young and Edward Brown are charged with first-degree murder while armed for their alleged involvement in the shooting death of 29-year-old Kenneth Poindexter on the 4700 block of Benning Rd., SE on Jan. 1, 2018. Robin and Young are also charged with possession of a firearm during a crime of violence.

Two motions, including a severance motion, were filed July 25 by Young’s attorney, Ronald Resetarits.

Judge Todd Edelman set a deadline of Aug. 2 for the prosecutor to respond to the motions.

During a preliminary hearing July 9, Judge Edelman released McKenzie, 22, and Brown, 19, to a halfway house. Robin, 23, and Young, 28, remain incarcerated.

According to court documents, a witness told police that Robin said he killed Poindexter. The witness said Young received a phone call from a woman, who was not identified. The woman said someone was trying to break her windows.

The witness said Young told his friends to come with him to go scare whoever was breaking in the window. Apparently, Robin, Young and three other men grabbed their guns and got in the car.

Once the group arrived, there was an argument between the person who was breaking the window and the men in the car. According to court documents, Poindexter was with a friend who ran off when the shooting started.

The witness said Robin did not fire the first shot.

As the men were trying to flee the scene after the shooting, Robin got back out of the car to “finish off” Poindexter, according to the witness.

The witness said Robin finished him off because Poindexter saw who he was and was still breathing.

Court documents state there are four confidential informants in the case. The first placed Robin at the scene of the crime. The second informant told police that Robin killed Poindexter. The third heard Robin talking about the shooting. The fourth placed Robin and Young at the scene.

A status hearing is scheduled on Nov. 15. The case is set for trial in September 2020.

Judge Denies Defense’s 2nd Motion for a Mistrial

During a trial July 29, defense counsel renewed a motion for a mistrial after a second witness also brought up the defendant’s prior conviction.

Gary Proctor, 41, was indicted by a Grand Jury in 2016 on charges of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs, on July 27, 2015, on the 1300 block of First Street, SW.

While the victim’s girlfriend was on the stand, she said she met Proctor after his release from prison.

After the woman’s testimony, defense attorney Steven Kiersh renewed his motion for a mistrial, claiming that this was the second witness to mention Proctor’s criminal past which is prejudicial towards the defendant.

Judge Danya Dayson denied the motion because even though there was reference to Proctor being in prison, there was no reference to the nature of the offense Proctor was imprisoned for.

Judge Dayson also said she would instruct the jury to not consider Proctor’s previous stint in prison as evidence in the case.

Annie Brennan contributed to this story.

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