Defense Counsel Motions for Mistrial After Witness Says Too Much

A defense attorney told a DC Superior Court judge that he planned on filing a motion for a mistrial because a witness testified that his client had a criminal history.

In 2016, a Grand Jury indicted Gary Proctor, 41, on 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 charges for allegedly shooting Jerome “Beanie” Diggs, 47. The crime took place on the 1300 block of First Street, SW in 2015. Proctor is the victim’s cousin.

On July 22, Diggs’ brother told the jury that he first met Proctor at his mother’s funeral in 2013. The brother mentioned that Proctor had recently been released from jail.

The prosecution stopped the brother from giving the jury any other details about Proctor’s criminal history. But, Diggs’ defense attorney, Steven Kiersh, said he believes the brother revealed a “profound prejudice” against his client.

Two of Diggs’ neighbors also told the jury that they assisted the victim before he died. “I was trying to save his life,” one of the witnesses told the jury.

According to court documents, Diggs was shot inside his residence. He suffered from multiple gunshots to his torso, according to the Chief Medical Examiner of the District of Columbia.

Before Diggs died he told a witness on the telephone, “Yes, Little Gary shot me. I didn’t call the police. I don’t think I’m going to make it. I just want to let somebody know who shot me,” documents state.

Diggs and his nephew were assaulted by Proctor and Proctor’s father on July 11, 2015, at a cookout in Prince George’s County, Md. Apparently, the assault occurred because Diggs refused to let Proctor sell heroin and cocaine out of his residence, according to court documents. The two men lived across the street from one another.

Judge Dayna Dayson said she would address the motion for mistrial on July 23.

Judge Grants Prosecution’s Request for Indictment Extension

A DC Superior Court judge granted the prosecution’s request for a 24-hour extension on obtaining an indictment for a murder defendant.

Mark Fletcher is charged with second-degree murder while armed for allegedly shooting 25-year-old Travis Barksdale on the 600 Block of Evarts Street, NE. According to court documents, two witnesses said they heard Fletcher, 19, accusing the victim of shooting him a few days before the murder.

During a hearing on July 19, the prosecution told Judge Danya Dayson that she needed an extra day to speak to additional witnesses. According to policy, the prosecution needs to secure an indictment by Aug. 6 , the nine month deadline.

Judge Dayson said the extension wouldn’t prolong Fletcher’s judicial process. Judge Dayson said she will be out of court from the beginning of August until Aug 13.

DC Witness previously reported that the police believe the shooting was related to a neighborhood rivalry between the Edgewood and Saratoga neighborhoods in Northeast, DC.

A felony arraignment is scheduled on Aug. 16.

Judge Gives Defense Counsel More Time to Motion for Separation

A DC Superior Court judge gave defense counsel more time to decide if they would file motions to separate their clients’s cases.

Nyekemia Everett and Malik Hewitt are co-defendants charged with first-degree murder while armed, conspiracy, attempt to commit robbery while armed and possession of a firearm during a crime of violence for their alleged roles in the murder of 37-year-old Christopher Heard. According to a previous report, surveillance footage was used to identify Everett, 33, while a female witness identified Hewitt, 39.

Judge Danya Dayson granted Everett’s defense attorney, Michael Madden’s, request for more time to file motions to separate the defendants’ cases. The original deadline was on July 15, but the defense will now have until Aug. 2 to file.

Judge Dayson rejected a previous severance motion filed by both defendants in February of 2019, when Everett had different counsel.

During the hearing, Madden also told Judge Dayson that he was not ready to proceed with a hearing to decide if the defense would conduct independent testing on DNA evidence. He said that since becoming the new counsel for Everett, he has had three felony trials, which impeded on his ability to give Everett “the attention he needs.”

The prosecution also said a second round of testing was conducted earlier in the year, so defense counsel would have new results to discuss with their clients.

Judge Dayson granted Hewitt the opportunity to have a second hearing to determine if he would conduct independent DNA testing on the evidence as well. According to DC Courts, Hewitt first waived his right to testing on Jan. 3.

A status hearing is scheduled on Aug. 22.

Defendant Receives 6 Years in Prison for Fatal Car Crash

A murder defendant was sentenced to six years in prison for a fatal vehicular crash in 2016.

Timothy Johnson pleaded guilty to involuntary manslaughter and assault with significant bodily injury for killing 50-year-old Kim Moore and injuring four others, including Moore’s daughter, on the 900 Block of Eastern Avenue, NE, on Oct. 29.

Johnson received five years in prison for the involuntary manslaughter charge and one year in prison for the assault with significant bodily injury charge. He also has to pay $200 to the Crime Victim’s Compensation Fund.

Johnson, 31, was initially indicted on charges of second-degree murder, aggravated assault with knowingly grave risk, driving under the influence of alcohol or a drug and reckless driving for Moore’s death and bodily injuries to the other victims connected to the crash.

Per the terms of the plea agreement, the aggravated assault, driving under the influence of alcohol or a drug and reckless driving charges were dropped.

During the sentencing hearing July 19, Johnson’s defense attorney, Ronald Resetarits, requested that Johnson receive less time under supervised release after his prison term.

DC Superior Court Judge Juliet McKenna approved the request, sentencing Johnson to five years of supervised release instead of eight years that had been considered.

According to court documents, Johnson was driving under the influence of PCP, a hallucinatory drug. He was traveling on Eastern Avenue at a high rate of speed when he straddled both lanes and hit Moore’s car, a white Honda Civic.

Johnson sustained injuries in the crash. After he received assistance from a Metropolitan Police Department officer, Johnson fled the scene. A short while later Johnson was apprehended and transported to the hospital where he was charged with involuntary manslaughter, documents state.

Document: Police Arrest Suspect in Connection to 11-year-old Boy’s Death

The Metropolitan Police Department arrested July 20 a man they believe is connected to the death of a boy in Southeast, DC.

According to a press release, 29-year-old Tony Antoine McClam allegedly assaulted 11-year-old Karon Brown on the 2700 Block of Naylor Road, SE on July 18. McClam is charged with second-degree murder while armed.

His first appearance at DC Superior Court is scheduled on Aug. 22.

Document: Homicide on U Street, NW

The Metropolitan Police Department is investing a fatal shooting that occurred on July 20.

According to a press release, officers found 34-year-old Eric Byrd suffering from multiple gunshot wounds on the 1100 block of U Street, NW. He was pronounced dead at a local hospital.

The department is offering a reward of up to $25,000 to anyone that provides information that leads to the arrest and conviction in this homicide or any other homicide case in the District of Columbia. Anyone with information about this case is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Document: Double Homicide in DC’s Trinidad Neighborhood

Two males were fatally shot in same residence in Northeast, DC on July 19.

According to a Metropolitan Police Department press release, police found two males, 17-year-old Ahkii Washington-Scruggs and 57-year-old Hugh Washington, suffering from gunshot wounds on the 1100 block of Queen Street, NE. Both victims died on the scene.

The Washington Post reported that the police do not know when the murders actually occurred.

Police have not made any arrests in connection to the murders.

A reward of up to $25,000 id being offered 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.

Follow D.C. Witness to get updates on the case.

Murder Defendant Threatened Him Before Testimony, Witness Says

A cooperating witness, who previously testified on July 9, said the defendant threatened him the day before.

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 of21st 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. He was indicted on the charges in January of 2018.

On July 18, the witness said that he and McLeod were being transported to the courthouse at the same time the day before he testified. However, there is a separation order between the men that is supposed to keep them apart.

Apparently, McLeod was starring at the witness during the transport. According to the witness, McLeod said, “If I lose, you lose.”

The witness also said McLeod told him he “had something” for him.

The witness said he was not sure what McLeod meant by the statement, but he took the exchange as a threat.

The trial is scheduled to continue on July 22.

Document: Police Arrest Suspect in Connection to March Homicide

The Metropolitan Police Department arrested July 19 a suspect for murder that occurred in Northeast, DC.

According to a news release, 19-year-old Raymond Avent is charged with first-degree murder while armed for allegedly shooting 23-year-old Rafiq Hawkins on the 1200 block of Brentwood Road, NE on March 23.

Avent is a resident of Baltimore, Md.

DNA Evidence Doesn’t Connect to Murder Defendant, Expert Says

An expert witness told a jury July 17 that the defendant’s DNA was not found at the murder scene.

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.

An expert in fingerprint analysis said she received nine fingerprints from the crime scene of Fisher’s homicide. Three of the prints came from an Icehouse beer can and six from a can of Arizona tea.

The expert said she was only able to process five of the nine fingerprints because of the quality of the impression. She said she was able to conclude that those five finger prints did not belong to the victim, defendant or second suspect.

A firearms expert also testified about the guns and bullets used in both Drayton and Fisher’s cases.

The expert said that the bullets recovered from Drayton’s head and Fisher’s body were compatible with the .357 Magnum revolver that McLeod allegedly used to kill both men.

However, he said he could not confirm that the bullets were shot from the same gun due to some characteristics of the gun.

Defense Requests Permission to Question Witness’s Mental Health

Before counsel begins arguments in a murder trial, the defense lawyer asked a DC Superior Court judge if he could ask questions about a witness’s mental health.

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 allegedly shooting Jerome Diggs, 47. The crime took play on the 1300 block of First Street, SW in 2015. Proctor, 41, is the victim’s cousin.

According to the prosecution’s findings, one of the witnesses, who is testifying during trial, has a history of mental health issues and auditory hallucinations. This witness allegedly made a statement saying she heard someone tell her that Proctor killed the victim.

Defense attorney, Steven Keirsh, said he would like to question the witness about how the auditory hallucinations could have impacted her statement about the alleged accusation she heard.

However, the prosecution told the judge that the witness has not experienced hallucinations since 1990.

Judge Dayna Dayson told defense counsel he could only question the witness’s mental health history if he makes a relevant connection to Diggs’ murder.

Opening statements are scheduled to occur on July 22.

Judge Finds Juvenile Involved in Murder of 23 Year Old

On July 17, a DC Superior Court judge found a juvenile involved in a murder earlier this year.

Judge Lynn Leibovitz found the 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.

Judge Leibovitz determined that the juvenile and two friends attacked Crump.

According to the prosecution, the attack was to rob Crump of a firearm that he was carrying.

However, Judge Leibovitz could not establish that Crump was robbed beyond a reasonable doubt on the grounds that video footage does not clearly show anyone removing a gun from Crump’s person during the attack. She said she did not want to rely on the testimony of the two individuals who conspired with the juvenile since they had been unreliable in the past.

Although the defense suggested that the friend that Crump grabbed may have been the real shooter, Judge Leibovitz said she was certain the juvenile was the shooter from video footage of the attack.

She said the juvenile’s distinctive clothing set the defendant apart from the other suspects during moments when his face was not entirely clear.

During closing statements, the prosecution said there was a pause after the second shot, which was followed by six additional shots. The pause between the second and third shot, meant the juvenile decided to kill Crump.

But, Judge Leibovitz said the shots occurred in “rapid fire.” She said there was no evidence that suggested that the juvenile met Crump with a plan to murder him.

The defense requested that Judge Leibovitz consider the lesser charge of voluntary manslaughter instead of first or second-degree murder. The defense lawyer said the juvenile saw a friend was under attack and acted out of passion and fear for the friend’s life.

The lawyer also said Crump had a reputation for owning two guns, and there was no way for the juvenile to know if Crump was still armed. However, a second gun was not found on Crump.

The juvenile is scheduled for a status hearing on Aug. 7. A disposition hearing is set to occur on Sept. 23.

Paul Mulholland wrote this story.

Document: 11-year-old Boy Killed in Fight, Police Say

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 2700 block of Naylor Road, SE near a BP Gas station and a shopping center on July 18.

According to a press release, officers were notified that 11-year-old Karon Brown was taken to a Prince George’s County fire station and then to the Children’s National Medical Center in the District where he was pronounced dead.

Apparently, the shooting stemmed from a fight. Police do not know what sparked the fight. Assistant Police Chief Robert J. Contee III said the juvenile got into a car that was directly shot at.

Police are searing for the gunman who is described as being a black male in his 20s to early 30s with a medium complexion, a medium build, wearing black pants, and no shirt.

Suspect wanted for 11-year-old boy’s murder.

“We’re asking for the public’s assistance,” Contee said. “I want to add my condolences to the family.”

There have been 91 homicides in 2019 in the District of Columbia, according to D.C. Witness data, as of July 19. Of those homicides, four juveniles have died.

Police are offering a reward of up to $25,000 for information that leads to an arrest and conviction for this homicide or any other homicide in the District of Columbia. Anyone with information about this case 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 2nd Street, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 3800 block of 2nd Street, SE.

According to a press release, officers found 28-year-old Mondell Valentine, a resident of Takoma Park, Md., which is located in Montgomery County, suffering from a gunshot wound on July 17. He was pronounced dead at a local hospital.

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: Police Arrest Suspect in February Homicide

The Metropolitan Police Department arrested a suspect in connection to a homicide that occurred in February.

According to a press release, officers arrested 31-year-old Brandon Randall, a resident of Churchton, Md., which is located in Anne Arundel County, on July 17.

Randall is charged with first-degree murder while armed for allegedly shooting 30-year-old David Elijah Brandon on the 4300 block of Georgia Avenue, NW on Feb. 24. Brandon was a resident of Burtonsville, Md., which is located in Montgomery County, Md.

Randall is scheduled for a preliminary hearing on Aug. 16.

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