Judge Continues Murder Defendant’s Hearing

A DC Superior Court judge continues a detention hearing because defense counsel did not finish questioning a witness about his investigation.

Cornell Holton is charged with felony murder and first-degree cruelty to children for his alleged involvement in the death of his three-month-old daughter Skylar Newman. The events leading to her death occurred in the family home on the 4300 block of G Street, SE earlier this year.

Defense counsel, John Fowler, said a homicide detective’s testimony would help his argument for Holton’s release. After a closed bench conference, Judge Craig Iscoe said the proof showed a “good faith basis to question the witness.”

Judge Iscoe allocated some time in his court schedule to hear the detective’s testimony.

Fowler asked questions about previous injuries the infant sustained and the infant’s medical history. He also asked the witness about the set-up of the house and the hard-wood flooring in various rooms.

However, Fowler, who was trying to poke holes in the detective’s affidavit of the crime, could not finish questioning the witness in the time allocated by the judge.

“I have been more than indulgent,” Judge Iscoe said. “Most judges wouldn’t put up with this.”

According to court documents, the infant was brought to Children’s National Medical Center on March 16 where a doctor concluded that she was suffering from blunt force trauma injuries. She was pronounced brain dead on March 19.

Holton’s detention hearing is scheduled to continue on Aug. 20. He is being held without bail.

Defense Attorney Misses Deadline, Judge Postpones Hearing

A DC Superior judge decided July 24 to postpone a detention hearing to allow time for the prosecution to respond to a motion the defense filed past its deadline.

Eric Smith 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 intent to kill against a minor, assault with 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.

When the motion to reconsider release was filed, the prosecutor said he was out of town and hasn’t had time to review and respond to the motion. He requested a continuance.

During a hearing on June 24, DC Superior Court Judge Craig Iscoe gave the defense a deadline to file a motion to reconsider release by June 28.

Apparently, the prosecution had given defense counsel, Blase Kearney, new evidence that was not disclosed in open court. Kearney said the evidence puts him in a position to argue for Smith’s release.

Kearney did not meet the deadline for the motion. Instead, he filed the motion on July 9.

“It seems reasonable to grant time to respond,” Judge Iscoe said.

Smith’s next detention hearing is scheduled on Aug. 13.

Kearney also told the judge that he will no longer work with the District of Columbia Public Defender Service. Smith will be assigned new counsel at his next hearing.

Victim Named His Killer Moments After Being Shot, Witness Says

During a murder trial July 24, the sister of a murder victim told a jury that he called her after being shot. She said the victim named the defendant as his killer.

In 2016, a Grand Jury indicted Gary Proctor, 41, on charges for 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 murder of his cousin, 47-year-old Jerome “Beanie” Diggs in 2015. The crime occurred on the 1300 block of First Street, SW.

According to the witness, her and Diggs spoke multiple times a day.

However, on the day of his murder, she said she had not heard from him all day. She said that as she went to call Diggs when she realized her phone was ringing. It was Diggs.

The witness said Diggs said his cousin, Gary Proctor, had shot him four to five times.

He said he wanted her to know because he, “felt like he wasn’t going to make it,” the witness told the jury.

The witness said she was working when she received the phone call from Diggs and couldn’t leave work at that time, but she did call the police.

The trial is scheduled to continue July 25.

Murder Defendant Pleads Guilty to Accessory After the Fact

A murder defendant pleaded guilty to accessory after the fact to a simple assault for his part in a homicide in Northwest, DC.

Demetrius Brandon was initially charged with first-degree murder for his involvement in the death of 38-year-old Marcus Manor on the 2900 block of Sherman Avenue, NW on Oct. 20, 2015.

During a status hearing on July 19, DC Superior Court Judge Ronna Beck sentenced Brandon to time served after accepting his plea.

On March 8, 2018, Brandon, 31, was found not guilty of first-degree murder and possession of a firearm, but an unanimous decision on the accessory after the fact to assault with the intent to kill charge was not reached. A mistrial was declared on March 12, 2018.

According to court documents, Brandon picked up Kevin Chase after Chase shot Manor, who was sitting in his vehicle across the street from Chase’s sister’s apartment. Apparently, Manor and Chase’s sister were involved in an abusive relationship.

D.C. Witness previously reported that surveillance videos from the Metropolitan Police Department and private businesses captured Chase running down the street and getting into Brandon’s car immediately after the shooting. The prosecution said Brandon and Chase planned the shooting.

On Dec. 14, 2018, Chase, 32, pleaded guilty to voluntary manslaughter while armed for the shooting. He was sentenced to 6.5 years in prison.

Witness Confesses to Killing Teen in 2004, Again

During a murder trail July 22, a witness told a jury that he committed a homicide that another person is being charged with. The witness also confessed to the murder in a previous trial.

Terik McLeod, 33, is charged with first-degree murder while armed with aggrivating circumstances for allegedly shooting Carlton Fisher on Oct. 1, 2006, on the 1100 block of 21st Street, NE. McLeod is also charged with first-degree murder for shooting Devaun Drayton, 17, on the 700 block of 26th Street, NE on March 10, 2004. McLeod’s first trial resulted in a hung jury.

The witness said he murdered Drayton because he stole a gun from him.

Apparently the witness, Drayton and another individual routinely walked to the Langston Clubhouse Grille to get breakfast. However, on the day Drayton was murdered, the walk back from the grille was stoked in tension.

According to the witness, the young men made their way behind Phelps High School, which was a common routine. But this time, the witness said he was upset over a gun that he let Drayton borrow.

In April, the same witness told a jury at McLeod’s first trial that he killed Drayton.

The witness said he let Drayton borrow a gun after the teen claimed his little brother had been robbed.

According to the witness, Drayton said he’d bring the gun back but he didn’t. The witness said Drayton made up a story about losing the gun after a shootout.

“The story didn’t make sense,” the witness said. “I believe he stole from me. His intention was to keep the gun.”

D.C. Witness previously reported that the witness has immunity protection and can’t be prosecuted for any of the information contained in his testimony.

Murder Defendant Pleads Guilty to Voluntary Manslaughter

A murder defendant accepted a plea offer for voluntary manslaughter for a vehicular accident that killed one person and injured another.

Robert Earl Little is charged with voluntary manslaughter for his involvement in the death of 54-year-old David Salovesh. According to court documents, Little, 25 , was speeding and went through a red light while under the influence of PCP, a hallucinatory drug. His actions resulted in a two-car crash that killed Salovesh, who was on a bicycle.

Defense counsel, Blase Kearney, accepted the offer on behalf of Little. According to the District of Columbia’s Voluntary Sentencing Guidelines, Little could face 30 years in prison. However, the prosecution agreed to request eight and a half years.

DC Superior Court Judge Craig Iscoe accepted Little’s plea. I’m “satisfied that there is a factual basis for the plea,” he said.

“I knew there was risk with my actions [but the death] wasn’t intentional,” Little told the judge during a preliminary hearing on July 23. He said he takes full responsibility for what happened and he offered his condolences to the family.

Judge Iscoe said Little’s statement would be taken into account and that statements like those don’t happen often.

Little is scheduled to be sentenced on Sept. 27.

Kearney said he will not be Little’s attorney for sentencing for reasons not disclosed in open court. Before sentencing, Little is expected to receive a new attorney from the Public Defender Service of the District of Columbia.

Judge Finds Substantial Probability that Defendant Could Be Guilty

A DC Superior Court judge found substantial probability that a murder defendant could be found guilty at trial.

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

According to court documents, Brown had been seeking refuge in a vehicle when McClam, 29, shot multiple times at the fleeing car.

Defense counsel, James King, told Judge Raymond that substantial probability could not be found based on the defendant’s statement to police, which suggests McClam, 29, acted in self-defense. He said the defendant claimed to have seen the driver reach for what he believed was a weapon.

Judge Raymond said any claim to self-defense is unwarranted because the defendant allegedly shot at the vehicle on three separate occasions. She said there is ‘substantial probability’ that the defendant would be found guilty.

According to “information in the affidavit, specifically statements form the defendant, at no point does anyone shoot at him. McClam decided he was going to shoot at the car on three separate instances,” Judge Raymond said.

The prosecution requested that McClam be held without bail because of the danger he poses to the community and the fact that he refused to give up the gun when he came to speak to the police. Judge Raymond agreed.

McClam’s preliminary hearing is scheduled on Aug. 2.

Document: 2nd Person Dies in Shooting

The Metropolitan Police Department is continuing to investigate a case that now has two homicides connected to it.

According to a press release, 20 year-old Timothy Richardson, a resident of Northeast, DC, succumbed to injuries he sustained in a shooting on the 3900 block of Martin Luther King, Jr. Avenue, SW on July 8.

Police reported that 22 year-old Anfernee Vernon Walker, a resident of Southeast, DC, also succumbed to his injuries on July 8 at a local hospital.

There were four victims shot during the incident, according to police. The other victims’ statuses were not available at the time of publication.

A reward of up to $25,000 is being offered for information that leads to an arrest and conviction in this case or in any other homicide case in DC. Anyone with information about the case is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Judge Denies Mistrial Motion After Witness Says Defendant Was In Jail

During a murder trial, a judge said July 23 that a witness did not give enough information regarding a defendant’s criminal history to declare a mistrial.

Defense attorney, Steven Kiersh, motioned for a mistrial on July 22 after the victim’s brother said Proctor had recently been released from jail.

Judge Dayna Dayson denied the motion, saying the witness did not give enough context and never mentioned what the crime was.

The trial is scheduled to continue on July 24.

After Four Years, A 15 Year Old’s Killer is Finally Sentenced

After three trials over the course of four years, a murder defendant was sentenced on July 23.

Derryck Decuir was convicted of second-degree murder while armed against a minor and possession of a firearm during a crime of violence on May 2 for shooting Malik Mercer on the 2800 block of 28th Street, SE in 2015.

Decuir, 26, was sentenced to 34 years for the murder charge and eight years for the possession charge. The sentences are set to be served concurrently to each other and any other sentence Decuir has received.

DC Superior Court Judge Craig Iscoe also put in a recommendation for Decuir to be placed in a prison close to the District to keep him close to his family.

During Decuir’s sentencing on July 23, the prosecution requested that Judge Iscoe sentence Decuir to 30 years. The prosecutor said the request was “fair” in regards to the evidence provided at trial, including Decuir’s obstruction of justice after the shooting and Decuir’s failure to take responsibility.

The prosecution sought a consecutive sentence because Mercer was a minor.

Decuir will “eventually get out of prison and be able to be with his family, Mercer cannot,” the prosecutor said.

“I’ll never be able to see his face again. All I am left with is 15 years of pictures and memories,” Mercer’s mother told the judge. She requested the maximum sentence as justice for her son’s death.

Defense counsel, Dana Page, requested that the 30-year sentence run concurrently to previous charges. She said she was under the impression that the judge who sentenced Decuir for the possession and obstruction charges “sentenced him as though he got away with murder.”

On Aug. 8, 2018, Decuir was sentenced to 23 years for unlawful possession of a firearm with a prior conviction, carrying a pistol without a license, tampering with evidence and obstruction of justice.

Page said the roles of the defendant and the victim could have easily been switched and that the gun violence involved in this case is a “cultural problem.” She said Decuir is a victim of circumstance.

Decuir apologized for, “the violent world we live in today to have an effect on me.”

During earlier trials, Decuir said the shooting was done in self defense because he thought he saw Mercer pull out a shotgun. Decuir and Mercer did not know each other before the night of the shooting.

Judge Iscoe acknowledged that the case is tragic for both the victim’s family and Decuir. However, Judge Iscoe said that Mercer “will never be back.”

Murder Defendant Accepts Plea Deal, Sentencing Set for November

During a status hearing July 19, a murder defendant pleaded guilty to second-degree murder while armed.

Jerome Wilson, 36, was initially charged with felony murder, robbery and two gun-related offenses for his role in the death of Sean Anderson, 48, on the 2300 block of Good Hope Road, SE on March 24, 2018.

D.C. Witness previously reported that Wilson was the last person with Anderson before he was found dead. Apparently, the men were in Anderson’s apartment smoking crack cocaine and watching pornography.

A witness told police Anderson was armed with a revolver, which a Metropolitan Police Department detective said could have been the murder weapon.

Wilson’s sentencing is scheduled on Nov. 1.

Additional Testing May Prevent Defense from Being Prepared for Trial, Counsel Says

In light of additional DNA testing by the prosecution, a defense counselor told a judge that she is concerned that she won’t be prepared for a murder trial by the time it is set to begin on Oct. 15.

Deon Crowell is charged with first-degree murder while armed for allegedly stabbing Joni Rockingham on the 300 block of 34th Street, NE on Dec. 12, 2017, in the River Terrace neighborhood. According to court documents, Crowell, 50, and Rockingham, 53, were associates. Rockingham was reported missing in November of 2017. Court documents state that several witnesses thought she was targeted because of information she had on previous homicides.

Elizabeth Weller, Crowell’s defense attorney, said her concerns rose because the late testing may not give the defense enough time to conduct independent testing. Weller also said the prosecution had not handed the defense all of the case’s documents.

She said she was mostly concerned with evidence and documents “trickling in and creating problems.”

Weller said the prosecution has had plenty of time to complete testing and turn over documents.

In response, the prosecutor said testing is still being conducted because there is a lot of physical evidence that can only be tested in batches. Court documents state that Rockingham’s remains were found in a garbage can along with an air mattress, a blanket, a sheet, a rope, potting soil and a shopping bag. Police also recovered a knife from a yard on the 300 block of 34th Street.

The additional items that the prosecution is testing were not revealed in open court.

DC Superior Court Judge Dayna Dayson set deadlines for the prosecution to turn over all evidence.

Judge Dayson said her ruling was not made because of any wrongdoing by the prosecution. Instead, the deadlines are so all parties could, “go forward with confidence,” she said.

Crowell’s next hearing is scheduled on Aug. 15.

Document: Homicide on Saratoga Avenue, NE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 1300 block of Saratoga Avenue, NE.

According to a press release, while canvasing the crime scene, officers located 32- year-old Curtis Franklin suffering from multiple gunshot wounds on July 22. He was taken to a local hospital where he 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.

Document: Homicide on Sherman Avenue, NW

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 2600 block of Sherman Avenue, NW.

According to a press release, while canvasing the crime scene, officers located 30-year-old John Fenner Thomas suffering from multiple gunshot wounds on July 20. He was taken to a local hospital, where he was pronounced dead on July 21.

Multiple Witness Testimonies Conflict in Murder Trial

On July 23, a witness told the jury information that conflicts with the testimonies of two other witnesses.

Terik McLeod, 33, is charged with first-degree murder for shooting Devaun Drayton, 17, on the 700 block of 26th Street, NE on March 10, 2004. McLeod is also charged with first-degree murder while armed with aggrivating circumstances for allegedly shooting Carlton Fisher on Oct. 1, 2006, on the 1100 block of 21st Street, NE. McLeod’s first trial resulted in a hung jury.

Apparently, the witness’s testimony conflicted with the testimonies of a detective, a cooperating witness and another witness who confessed to the murder under an immunity order.

On July 23, the witness said he and his friends were at school on the day of Drayton’s murder. He said Spingarn’s principal called the “21st Street Crew” down to the office.

However, a cooperating witness said he never heard the principal refer to a group of students as a “crew.”

Even if the principal did call the “21st Street Crew” down to the office, the cooperating witness said he would not have gone because it would have labeled him as being from 21st Street. The cooperating witness said that could have resulted in a fight because there are students from multiple neighborhoods attending Spingarn.

According to the witness on July 23, one of the people that was in the office was the man who confessed to killing Drayton.

The man who confessed to killing Drayton never said anything about being at school the day Drayton was killed. In fact, he was not even enrolled at Spingarn at the time, according to court documents.

A detective’s testimony also contradicted the witness from July 23.

The detective told the jury that the individual who confessed to the murder was picked up by police at the crime scene that morning, and was taken to the Violent Crime Branch (VCB) of the Metropolitan Police Department for questioning. At the time, the individual was not a suspect in Drayton’s murder.

The detective said the individual remained at the branch for the entire day.

The trial is scheduled to continue on July 24.

Search