Prosecution Expects Indictment by November

During a status hearing Aug. 29, the prosecution told a judge that an indictment should be procured by November.

Alton Rivers , 54, is charged with second-degree murder while armed for his alleged role in the death of 68-year-old Anthony Anderson on the 3600 block of 14th Street, NW on July 27, 2018.

D.C. Witness previously reported that in May 2019, DC Superior Court Judge Todd Edelman gave the prosecution 7.5 months to indict Rivers.

Rivers previously pleaded guilty to second-degree murder in September of 2018, but withdrew the plea in March, saying he believed he acted in self-defense.

Rivers is scheduled for a status hearing on Nov. 15.

Defendant Pleads Not Guilty to Murder

During a felony arraignment Aug. 29, a murder defendant pleaded not-guilty to all charges.

David Hahqwon Beale, 21, is charged with first-degree murder while armed for his alleged involvement in the death of 42-year-old George Johnson, Jr. on the 800 block of Oglethorpe Street, NE on May 7, 2018.

Beale was indicted Aug. 21 on 10 charges, including seven firearms related charges, assault with intent to kill, armed carjacking, and first-degree murder while armed.

Defense attorney Betty Ballester entered pleas of not-guilty on Beale’s behalf.

D.C.Witness previously reported that Beale’s cell phone was recovered from a stolen pizza delivery car, that contained photos of Beale holding a black 9mm Glock.

After obtaining a warrant, police recovered multiple firearms, including the Glock, from Beale’s residence. Court documents state the police were able to determine that shell casings from the scene were fired from the gun found in Beale’s residence.

DC Superior Court Judge Todd E. Edelman held Beale without bail.

Beale has a status hearing scheduled on Oct. 30.

Victim’s Mother Says She ‘Feels like She has No Rights’

During a felony status conference Aug. 29, a victim’s mother asked a judge to reject a guilty plea from a murder defendant.

Robert Smith, 23, pleaded guilty to voluntary manslaughter on Aug. 29 for his involvement in the shooting of 19-year-old Nya Howard-Reynolds on the unit block of 57th Place, SE on December 4, 2018.

The victim’s mother spoke in court about her disagreement with the plea deal. She asked DC Superior Court Judge Craig Iscoe to reject the plea deal since she “felt like she had no real rights” and instead give her “adequate retribution for her loss.”

She said she already knew that DC sentencing guidelines were going to be lenient and she did not want there to be any sort of plea deal offered for Smith.

She also said how shocked she is that this was now her reality, without her daughter, and she had only been notified about the plea agreement 24 hours before going to the hearing.

Judge Iscoe explained that she does have a right to submit victim impact statements and come to every court proceeding.

However he said, she does not have a right to control the sentence Smith receives and she cannot stop the process of a plea agreement from happening.

Judge Iscoe also said that a sentencing recommendation does not mean he has to rule within the recommendation. Instead, he said he considers all the facts of the case as well as victim impact statements and what sentencing would deter a defendant from committing another offense, adequate retribution for the victim, rehabilitation for the defendant and if a defendant was incapacitated at any point while entering into a plea.

The prosecution also told the victim’s mother that the case is “technically the USA v. Robert Smith” and that they are the prosecuting body that “holds the power to determine if and when plea deals are offered.”

The prosecution and the defense agreed to a sentencing recommendation where Smith would serve between six and twelve years in prison.

Had Smith not pleaded guilty he could have faced between 30 and 60 years in prison for his initial second-degree murder charge.

Smith’s sentencing is scheduled on Nov. 15.

According to court documents, Howard-Reynolds went to visit Smith at his apartment. Smith was attempting to take a selfie video while holding a gun when the gun fired, striking Howard-Reynolds in the neck.

Prosecution Files Motion to Introduce Firearms Evidence

During a status hearing on Aug. 29, the prosecution filed a motion to introduce new firearms evidence against a murder defendant.

Master Matthew Thomas, 33, is charged with felony murder while armed and possession of a firearm during a crime of violence for allegedly shooting 59-year-old Chijioke Agbakahi. Thomas is also charged with first and second-degree murder in Prince George’s County, Md.

The prosecution was able to recover shell casings from a .40 caliber pistol on both the DC and Prince George’s County crime scenes. A firearm’s expert said the casings were fired from the same weapon.

Thomas was seen by a witness in Maryland carrying that weapon, although he was not seen firing it, according to court documents.

The prosecution argued that since Thomas was seen carrying the gun in Maryland, and that, according to the expert, the same gun was used to murder Agbakahi in DC, the evidence should be admissible during trial.

Defense counsel Heather Pinckney argued that Thomas was not seen on video firing a gun in DC, and that even if the shell cases match the same weapon, that would not necessarily mean that Thomas ever fired the weapon.

Pinckney also noted that officers from the Prince George’s County Police Department lost the recording of the interview of the identifying witness. Pinckney said that because of the lost recording the defense will not have an opportunity to challenge the witness’s identification of Thomas.

DC Superior Court Judge Craig Iscoe said he would rule on whether to admit the firearms evidence at the next hearing.

Thomas is scheduled for a status hearing on Sept. 5.

Murder Defendant’s Daughter Asks Judge for Lenient Sentence

During a sentencing Aug. 29, a murder defendant’s daughter requested a shorter sentence so her father could come home sooner.

Morris Kenya Harley pleaded guilty to second-degree murder for killing 35 year-old Daniel Olaya on the 1900 block of 4th Street, NW on February 6, 2019 in a vehicular homicide.

During the sentencing, DC Superior Court Judge Juliet McKenna sentenced Harley to 15 years in prison with 5 years of supervised release.

While crying, Harley’s 17-year-old daughter asked Judge McKenna for a more lenient sentence for Harley because she said, “he is the glue for our family, and we need him home sooner so our family can be one.”

The victim’s girlfriend, Angel Minor, told Judge McKenna that her son wanted Olaya to one day become his dad. “Danny had such a pure heart,” she said. “I’ve lost my best friend, companion and my confident. One day I will forgive you Mr. Harley, but it won’t be today and it will be for my own sake.”

The prosecution said that Olaya’s death was caused by a, “senseless act of petty road rage.”

Harley told the judge that he participated in a jail program that allowed inmates to get to know their victims better. He said he read Olaya’s obituary and could tell he was a good person.

“I will make this up to the Olaya family somehow,” Harley said. “I am just asking for the family’s forgiveness one time.”

Judge McKenna said she wished there was a sentence she could impose that would bring Olaya back.

She also acknowledged the fact that Harley took responsibility early and said she believed Harley was looking to make amends for his action.

According to court documents, on the night of February 6, Olaya and Harley got into a verbal altercation while driving. Harley then struck Olaya’s car with his. Olaya was transported to a local hospital where he later died.

Judge Grants Defenses Request for Additional Evidence

During a felony status conference on Aug 23., the defense asked for additional exculpatory evidence to build its case.

Tyree Irving, 22, is charged with first-degree murder while armed for allegedly shooting 22-year-old Davane Williams on Jan.15 on the 1200 block of North Capitol Street, NW.

Defense counsel, John Fowler, requested additional documents that would help craft a defense because the prosecution took too long to turnover documents from the case.

DC Superior Court Judge Dana Dayson granted the request.

The prosecution agreed to turnover the documents within ten days.

The prosecution also said a plea deal was filed. The defense has not made a decision on whether or not to accept the plea as of Aug. 29.

A felony arraignment is scheduled on Nov 22.

Document: Homicide on Irving Street, NW

The Metropolitan Police Department is investigating a fatal stabbing that occurred on the 400 block of Irving Street, NW.

According to a press release, officers located 27-year-old Margery Magill suffering from multiple stab wounds on Aug. 27. DC Fire and Emergency Services transported the victim to a local hospital where she succumbed to her injuries.

On Aug. 28 police arrested 24-year-old Eliyas Aregahegne and charged him with first degree murder while armed.

Police Arrest Suspect for Fatally Stabbing Dog-Walker

Officers from the Metropolitan Police Department responded to reports of an unconscious woman in the Northwest area of Washington, DC.

On the night of Aug. 27, Margery Magill was allegedly stabbed by 24 year-old Eliyas Agregahegne, near MedStar Washington Hospital Center. Aregahegne fled the scene before police could arrive. Magill, 27, was later pronounced dead.

The police arrested Aregahegne later that night and charged him with first-degree murder while armed. According to NBC News, Aregahegne was not under the influence of drugs or alcohol at the time of the attack.

According to the Magill’s LinkedIn profile, she was excited to make her return to DC after being abroad in Europe for two years.

“[Magill] loved the city. She loved the energy. She really wanted to build her career here and thrive off of the energy that was Washington, D.C.,” the victim’s sister told the New York Post.

In addition to the dog walking service, Magill worked at The Washington Center, a nonprofit organization that helps recent graduates find job opportunities after graduation. She also had an extensive work history related to women empowerment and international affairs.

Police Chief Pete Newsham told reporters during a press conference that Aregahegne was identified through surveillance footage from the 500 block of Columbia Road, NW.

As of Aug. 28, police have not identified a motive for the stabbing. According to Newsham, the attack appeared to be random.

Aregahegne is awaiting his first appearance in DC Courts.

Murder Defendant Receives 11 Year Sentence

During a sentencing hearing Aug. 23, a murder defendant was sentenced to 11 years in prison.

Rickie Collier, 17, pleaded guilty to voluntary manslaughter for his role in the shooting death of 25-year-old Marquiawn Williams on the 1800 block of Benning Road, NE in September of 2018. Collier was originally charged with second-degree murder.

DC Superior Court Judge Ronna L. Beck gave Collier an 11 year sentence after hearing statements from two of Williams’ cousins.

Judge Beck said she considered Collier’s history of violent crime, as well as his responsibility to his one-year-old daughter.

The District of Columbia’s Voluntary Sentencing gGuidelines recommends a 6 -to-12 year sentence for voluntary manslaughter. The prosecution recommended a 12-year sentence.

Judge Removes Contact Order in Murder Case

During a motions hearing Aug. 28, a DC Superior Court judge granted a motion to remove a no contact order from a murder defendant’s case.

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 in 2018. According to court documents, Light was an unintentional victim of a drive-by shooting.

Stockton had been ordered not to contact Kayla Thompson. He allegedly asked her to remove potentially incriminating social media posts, which Thompson then did. Stockton’s relationship with Thompson was not described.

Thompson, who is charged with obstruction of justice, is a co-defendant in the case. She was released under personal recognizance in June of 2018. Her presence was waived at the hearing on Aug. 28.

Defense attorney Justin Okezie said that since Stockton is being held without bail, and his communications are monitored, there is no need to order him to not contact Thompson.

The motion put forward by the defense to remove the order went unopposed by the prosecution. Since there were no objections to the removal, Judge Danya A. Dayson granted it.

Stockton and Thompson are scheduled for a status hearing on Sept. 26.

Judge Sets Interim Trial Date for Murder Defendant

During a trial readiness hearing Aug. 27, a murder defendant was scheduled for a new interim trial date.

Marquette Jordan was arrested on April 30, 2018, for allegedly stabbing 58-year-old Ivan Lynch, a resident of Hyattsville, Md., on the 900 block of 5th Street, SE. Jordan, 28, was indicted on first-degree murder while armed.

Trial was scheduled to begin on Sept. 9, however the new interim trial date is March 5, 2020.

At the hearing, defense attorney Howard McEachern informed DC Superior Court Judge Milton C. Lee that the defense is still waiting for discovery from the prosecution and would not be ready for trial.

The defense said they were specifically requesting surveillance video and jail house phone calls involving Jordan. Though the prosecution informed the court that they would turn over the information, the defense counselor said he would need more time to review it.

Defense co-counsel, Khadijah Ali, also filed a motion to withdraw from the case for reasons not given in open court. Judge Lee has not yet approved the motion, and Ali is still assigned to the case.

Jordan is scheduled for a status hearing on Oct. 8.

Judge Allows Murder Defendant to Go to School

During a status hearing Aug. 28, a judge allowed a murder defendant to be released from home confinement in order to finish school.

Eric Smith, 20, 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 the intent to kill against a minor, assault with the 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. Wills was not the target in the shooting.

Defense attorney, Iseshaah Murphy, said that Smith had chosen to get his general education diploma in Alexandria, Va. instead of commuting into DC to attend Maya Angelou Public Charter School.

Smith, with the aide of an education attorney, decided to attend the Braddock Place Campus in Alexandria, VA which is only 15 minutes away, by car, from his sister’s house, where he is currently on home confinement. Classes are scheduled to run from 8:45 a.m. to 1 p.m. and Smith must register by Sept. 3.

D.C. Witness previously reported that the prosecution was concerned with transportation for Smith.

The prosecution requested that Smith be placed on home confinement at his sister’s house in Alexandria when he was not in class. The prosecution also requested that there be tight timelines between Smith leaving the house for school and leaving school to return home.

DC Superior Court Judge Craig Iscoe ordered that Smith has thirty minutes before classes begin to get to school and thirty minutes after classes end to get home.

Judge Iscoe said Smith could not make any stops during his commute and he must provide pre-trial services with weekly schedules for approval. Judge Iscoe also said Smith has to get all additional programs approved before he can attend.

In addition, the defense and prosecution requested a change in the November 2020 trial date.

Trial is now scheduled on March 8, 2021.

A status hearing is scheduled on Nov. 1 to update Judge Iscoe on Smith’s transition.

Judge Lets 7-Year-Old Girl Testify in Murder Case

During a status hearing Aug. 28, a judge decided to allow the testimony of a seven year-old witness.

James Embre, 26, is charged with felony murder, first-degree cruelty to children and second-degree cruelty to children for his alleged role in the death of 2-year-old Aceyson Aizim Ahmad on the 3400 block of A Street, SE in April of 2018. According to court documents, Embre was involved in a romantic relationship with Ahmad’s mother.

DC Superior Court Judge Juliet McKenna said she believed, based on grand jury testimony, that Ahmad’s sister, who was six years old at the time of the murder, is competent enough to testify.

Judge McKenna said grand jury documents indicated that the child, who is now seven, understood the difference between a truth and a lie.

She also said that Ahmad’s sister tells a consistent story throughout the grand jury testimony of what happened. However, any inconsistencies the defense might see is fair game just like “any other witness” because inconsistencies does not mean someone cannot testify.

McKenna said she will not allow the child to testify outside of court because it would infringe on Embre’s 6th Amendment Right to confront witnesses. However, McKenna allowed accommodations for the child, such as squeeze balls, paper and pencils to help occupy her time in court.

McKenna also made the courtroom available before trial for the child to explore and get comfortable.

D.C. Witness previously reported that defense counsel, Jonathan Zucker, did not want the child to testify because of her inability to understand the difference between a truth and a lie. Zucker said the child gave inconsistent statements to the police and the grand jury. Zucker also said the child’s memory of events might have been distorted by suggestions from the prosecution.

The trial is set to begin on Sept. 4.

Defense Challenges Competency of Prosecution’s Key Witness

During a trial readiness hearing Aug. 26, defense counsel requested that the competency of a key witness be examined before a murder defendant’s trial begins.

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

Gibson’s defense attorney, Eugene Ohm, requested that one of the prosecution’s witnesses have a mental evaluation to determine if the witness could accurately remember events from the past.

The basis for this challenge as it relates to the witness’s mental health was discussed off-the-record.

According to court documents, the witness saw Gibson shoot Day-Baker in the back while he was running away, and then again in the head while Day-Baker was on the ground.

Defense counsel plans to challenge the witness’s competency by speaking to an expert witness.

The prosecution said that while the expert has a relevant doctoral degree, he is not a medical doctor and should not be permitted to testify to the mental health of the witness.

DC Superior Court Judge Danya A. Dayson permitted the defense to respond by the next hearing to the prosecution’s motion regarding the expert witness. Judge Dayson also gave the prosecution until the next hearing to respond to the defense’s motion for a request for a mental observation hearing.

The trial readiness hearing is scheduled to continue on Aug. 28.

Judge Denies Motions to Modify Murder Defendant’s Release Conditions

During a continued motions hearing Aug. 27, a judge denied both the defense and prosecution’s requests for modifications to a murder defendant’s conditions of release.

Joseph Smith, 60, is charged with voluntary manslaughter while armed for his alleged role in the death of his 62-year-old brother, Arnold Smith, in their family home located on the 600 block of Galveston Place, SE on April 9.

DC Superior Court Judge Danya Dayson denied motions for modifications to Smith’s release because there were no new arguments from either side about why his conditions should be changed.

D.C. Witness previously reported that Smith was released to a halfway house, required to wear a GPS tracking device and test for drugs. Smith is also required to stay away from his sister and his family home on Galveston Place.

According to defense counsel, Jacqueline Cadman, Smith was not in court because he was in the hospital.

Cadman also requested that Smith be able to call his father under limitations imposed by the court.

The prosecution said a call once or every two weeks was acceptable.

Judge Dayson agreed to allow Smith to call his father under the guidelines proposed by the prosecution as long as his calls were monitored by the Public Defender Service.

The prosecution also said DNA testing began on the case’s evidence.

The defense will have to decide if the case’s DNA evidence will be tested independently at a hearing scheduled on Sept. 17.

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