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Law Intended to Confiscate Guns From Dangerous Individuals Goes Largely Unused

In January, the District of Columbia followed Maryland and 16 other states in adopting an Extreme Risk Protection Order (ERPO) law.

DC’s ERPO law, also known as the Red Flag Law, allows police to temporarily seize firearms and ammunition from individuals who are deemed to be a risk to themselves or others.

Petitions to remove firearms from the possession of a dangerous individual can be filed by family members, guardians, domestic partners, romantic partners or dates, parents of a child in common, roommates, police officers  and mental health professionals.

Once the petition is filed it will be brought before a DC Superior Court judge who will decide if the person is in fact a risk. If the judge does find the individual to be dangerous, an ERPO is granted. Both the person filing the complaint and the at risk individual will go before the judge to present evidence pertaining to their case.

With a judge’s approval, guns and ammunition can be confiscated from the subject of an ERPO for up to a year at which point a judge would need to renew the order or the weapons will be returned to the owner. 

As of Jan. 15, there have been three requests to confiscate firearms from DC residents under the law, according to Leah Gurowitz, director of media and public relations at DC Superior Court and DC Court of Appeals.

ERPO requests include one, that occurred eight months after the law was passed. A Metropolitan Police Department officer filed an ERPO petition, requesting that guns be removed from the custody of a 45-year-old district resident. The officer filed the petition after officers observed the man’s behavior to be “odd and somewhat out of the ordinary” while he tried to register a .45 semi-automatic handgun at police headquarters, according to the document.

A Superior Court judge granted an Ex Parte ERPO, which are used in emergency situations and approved by a judge within a single business day. If a judge grants an Ex Parte ERPO, MPD officers can be sent to seize any guns or ammunition belonging to the at risk person before they are aware that an ERPO has been filed against them. 

In these cases the subjects will have an opportunity to argue their case before the judge after the firearms have been confiscated. 

The Ex Parte ERPO granted in this case included a request to temporarily seize the .45-caliber handgun the man attempted to register in addition to a .308 caliber rifle in his possession. 

The ERPO cited two prior charges as well as a welfare incident report which indicated a “possible mental health condition,” and a suicide attempt which occurred in 2007.

In January of 2019, police found and confiscated a semi-automatic pistol from the trunk of his car outside of the Rice Building at George Washington University, sparking an investigation for unlawful transportation of a firearm which was never prosecuted. 

One of the prior charges was for second-degree assault in Maryland.

The second charge for third-degree sexual assault which occured in Northwest Washington, DC in January of 2018. The suspect of the ERPO was arrested in connection with the assault but never prosecuted. The case was dismissed in August of 2018.

Another ERPO was filed on Sept. 22 by a psychiatrist at the Psychiatric Institute of Washington. The psychiatrist filed a petition to remove firearms from custody a man who was admitted to the institute in October. According to the complaint the man had a plan to provoke police into shooting him when he was admitted. While he was at the institute he reported to staff that he had access to a gun multiple times, according to the report which was filed in preparation for his release.

The man has “a history of borderline personality [disorder] with chronic cutting behavior,” and attempted to harm himself using plastic utensils and broken glass multiple times while at the institute, according to the psychiatrist’s complaint.

“The patent threatened staff, been urinated on the floor, and thrown items at the staff,” according to the complaint. “He actively provokes other patients to become aggressive.”

A judge granted an Ex Parte ERPO the same day the complaint was filed and granted a final ERPO on Sept. 22. However, as of Dec. 12 no guns were actually confiscated in this case and according to MPD the subject of the second ERPO “was not known to actually have any.”

The methods used for collecting firearms and ammunition after a judge grants an ERPO depend on the circumstances of the case, Metropolitan Police told D.C. Witness. 

“Ideally, we first seek voluntary compliance with any service of an ERPO and if that is not provided we will use legal tools to assist with collecting firearms and ammunition,” said Public Affairs Specialist for MPD, Brianna Jordan. “ MPD will follow all legal processes to recover any known firearms as part of an ERPO and investigate as to where those firearms are located.”

In accordance with a long standing DC law, if an individual willingly surrendered firearms they cannot be prosecuted for possessing them, even if the firearms were illegally obtained. 

According to MPD, the subject of an ERPO won’t be allowed to legally register a firearm while the ERPO is in place. But, MPD officers “cannot specifically prevent an individual from obtaining an illegal gun.” 

According to the Office of the Attorney General of the District of Columbia, if a gun is willingly surrendered the person in possession of it won’t be prosecuted because the goal is to get the gun out of circulation. However, if the firearm is linked to any criminal activity willingly surrendering the weapon does nothing to prevent prosecution of those other crimes. 

Outside of no longer being able to legally register for a gun, being the subject of an ERPO has no legal consequences and cannot count against an individual in any way should they be suspected of or tried for any future crimes, including weapons charges, according to the Office of the Attorney General.

Siena Rush wrote this story.

Judge Expects Trial to Begin This Week

Jury selection began on Jan. 14 for a murder trial that is expected to begin opening statements later in the week.

Marquette Tibbs is charged with first-degree-murder while armed, possession of a firearm during a crime of violence, conspiracy to commit a crime of violence, robbery while armed and unlawful possession of a firearm with a prior conviction for his alleged involvement in the death of Orlando Silver III on the 1300 block of Howard Road, SE in 2016.

DC Superior Court Judge Todd Edelman told the parties that he expected trial to begin on Jan. 16 because the defense wanted to go over more discovery materials that was given to them over the weekend.

The parties spent the day picking jurors for the trial and asked them to report back on Thursday.

Tibbs was initially charged with second-degree murder while armed.

Cinquan Cartledge is also charged with first-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction.

In March of 2019, Cartledge’s motion to sever his case from Tibbs’ case was granted. D.C. Witness reported that Cartledge, 24, wanted to separate his trial from Tibbs, 26, so he could be a witness in Tibbs’ trial. Blume said Cartledge wanted to prove his friend’s innocence.

Tibbs wanted to also testify to Cartledge’s innocence.

Cartledge is scheduled for a status hearing on Feb. 14.

Cartledge’s jury trial is scheduled to begin on May 4.

Judge Postpones Detention Hearing

During an status hearing Jan. 13 a judge postponed a detention hearing because she was not prepared to make a ruling.

Alphonso Walker, 41, is charged with first-degree murder while armed with aggregating circumstances, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction and attempt to commit robbery 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.

DC Superior Court Judge Danya Dayson, rescheduled the hearing because it was not specifically placed on the docket.

Originally, the docket scheduled an ascertainment of counsel hearing because, as D.C. Witness previously reported, Walker’s initial attorney, Judith Pipe would be removing herself from the case for unexplained reasons.

Walker’s new defense attorney, Jason Tulley, told the judge that he came prepared to argue on behalf of Walker for his release.

“I was told that Ms. Pipe filed a motion to release Walker and that the judge would be ready to hear arguments,” Tulley said.

Judge Dayson said she would try to fit it into her calendar and recall the case. However, when the case was recalled, she told counsel that she did not have time and would reschedule the hearing.

A status hearing is scheduled to occur on Jan. 31.

Walker is held DC Jail without bail.

Document: Police Investigate Homicide in Carver Langston

The Metropolitan Police Department is investigating a homicide that occurred on the 700 Block of 24th Street, NE on Jan. 11.

According to a press release, officers found 41-year-old Tavon Cox, a resident of Baltimore, MD, suffering from multiple gunshot wounds. He was taken to an area hospital and treated for life threatening injuries. 

On Jan. 12, Cox succumbed to his injuries.

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

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Murder Defendant Needs to be More Compliant with Release Conditions, Judge Says

During a status hearing Jan. 10, a DC Superior Court judge asked a murder defendant to be more compliant with his conditions of release or risk being detained until trial.

Michael Francis “Mickey” Taylor

Mason Binion, 32, Victor Carvajal, 33, and Joshua Massaquoi, 32, are charged with first-degree murder while armed for their alleged role in the shooting of Michael Francis Taylor, 21, on the 600 block of Farragut Street, NW, on June 22, 2008.

D.C. Witness previously reported that Binion was taken off of HISP and his GPS monitor was removed.

On Jan. 7, a notice of non-compliance was filed against Binion. The notice stated that he was not reporting to his probation officer or submitting drug tests.

During the hearing, the prosecution told Judge Ronna Beck that Binion had begun complying since the notice was filed.

Judge Beck told Binion that it would, “behoove” him to comply, considering how close trial was.

“You don’t want to risk step back and because trial is so close I would encourage you comply completely,” Judge Beck said.

A motion hearing for co-defendants Binion and Carjaval is scheduled to occur on Jan. 15. The two are set to go to trial on Jan. 21.

A status hearing for Massaquoi is slated to occur on Feb. 5.

Judge Gives Defense More Time to Review Case Materials, Suspends Hearing

A D.C. Superior Court judge postponed a preliminary hearing Jan. 10, to give the defense more time to review case materials.

Terell Kevonte Blackman and 25-year-old Devin Hill are charged with first-degree murder while armed. Hill is also charged with assault with a dangerous weapon for their involvement in the death of 28 year-old Michael Cunningham on Nov. 29.

Blackman’s attorney, Steven Kiersh, asked Judge Anita Josey-Herring for additional time to review discovery materials given to him by the prosecution.

Hill’s attorney, Roderick Thompson, also asked for a continuance because he wanted a co-counselor to join him on the case.

The prosecutor did not object to the continuance.

The preliminary hearing is scheduled to occur on Jan. 16.

Murder Defendant Asks to Attend Father’s Funeral

During a detention hearing Jan. 10, a murder defendant asked a DC Superior Court judge if he could attend his father’s funeral.

Demetrius Void, 32, is charged with first-degree murder while armed for his alleged role in the death of 24-year-old Anthony Daniel Lawson on the 6200 Block of Eastern Avenue, NE in September of 2018.

Void asked Judge Anita Josey-Herring if he could attend his father’s funeral given that he and his father had a close bond.

Judge Josey-Herring verbally denied Void’s request, saying she believed that, given the nature of the crime, Void was still a danger to the community.

A felony status conference and felony arraignment are scheduled to occur on Jan. 16.

Document: Suspect Sought in Southwest Waterfront Homicide

The Metropolitan Police Department is searching for a suspect who is connected to a homicide on the 1400 Block of 3rd Street, Southwest.

According to a press release, police are currently looking for Bratrell Hawkins. Hawkins, 27, is wanted on an DC Superior Court arrest warrant for allegedly shooting 26-year-old Xavier Tate in a residence on Jan. 5. Tate was transported to a local hospital where he was pronounced dead.

Anyone who knows the whereabouts of Hawkins, or who has knowledge of this incident should call the police at 202-727-9099.  Anonymous information may be submitted to the department’s Text Tip Line — 50411. The police department is offering a reward of up to $25,000 to anyone that provides information that leads to an arrest and conviction for any homicide committed in the District of Columbia.

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Document: Homicide on 7th Street, NW

The Metropolitan Police Department is investigating a homicide that occurred on the 1300 Block of 7th Street, NW on Jan. 8 .

According to a press release, officers found 18-year-old Malick Cisse, a resident of Northwest, DC, suffering from a gunshot wound. He was taken to an area hospital where he was pronounced dead. 

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

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Judge Continues Preliminary Hearing to Evaluate Murder Defendant’s Competency

Questions over a murder defendant’s competency to stand trial caused a DC Superior Court judge to continue a preliminary hearing on Jan. 9

Matthew Walker is charged with first-degree murder while armed for allegedly shooting 32-year-old David Anthony Remen. The shooting occurred on the 1700 block of Hamlin Street, NE on Feb. 14, 2019.

Walker’s defense attorney, Andrew Ain, requested a continuance because he said he was “worried” that his client’s competency would not be fit for trial. He said he wanted those issues resolved.

The prosecutor also asked for a continuance because she wanted the case to be certified and sent to DC Superior Court Judge Anita Josey-Herring because she would be receiving the case soon anyways and wanted her to be up to speed with the case. Judge Neal Kravitz currently presides over the case.

Judge Kravitz continued the hearing to Feb 20.

Case Dismissed: Prosecution Plans to Offer Plea Deal to Murder Defendant

Editor’s note: The case against Kenneil Cole was dismissed on Feb. 1, 2023.

During a status hearing, Jan. 9, the prosecution told a DC Superior Court judge that they planned on offering a plea deal.

Kenneil Cole is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting his roommate, Keon Delonte Wallace, on the 2400 block of Skyland Place, SE. Cole, 24, who turned himself into the police, said he shot his roommate in self-defense after Wallace, 24, pulled a semi-automatic rifle on him.

The prosecutor said he intended to extend a plea deal to Cole within the next two weeks.

Cole’s defense attorney, James King, said that despite the incoming plea offer, Cole still wanted to exercise his right to DNA testing.

King said the DNA test results would be returned by the end of March.

The defense attorney also asked DC Superior Court Judge Neal Kravitz for an earlier trial date. However, due to the March return date and the prosecution’s trial calendar an earlier trial date could not be found.

Defense attorney, Jenna Cobb, joined Cole’s defense team as co-counsel.

Cole is scheduled for a trial readiness hearing on July 10.

Judge Finds Probable Cause Against Murder Defendant

A DC Superior Court judge found probable cause that a man committed a murder in June of 2019.

Terrance Prue is charged with first-degree murder while armed for allegedly shooting 39-year-old Bruce Gilmore on the 3500 block of 22nd Street, SE on June 5.

Judge Danya Dayson said she found probable cause that Prue, 19, committed the murder because there were multiple witnesses who named and identified Prue as the person who shot Gilmore despite there being another person of interest during the Metropolitan Police Department’s investigation.

Prue’s defense attorney, Brandi Harden, argued that detectives prompted a witness to identify Prue as a shooter during a viewing of a photo array.

During video footage of the photo line up, Harden said the witness can be seen pointing to a photo of Prue and, after a 60 second pause, the detective asked the witness if, “that was the person you saw shoot?”

Harden also said that the original person of interest had motive and reason to kill Gilmore because there was a conflict between Gilmore and the person of interest.

The prosecution argued that Prue was identified by two separate individuals who were helping Gilmore move that day.

Prue is scheduled for a status hearing in front of Judge Anita Posey-Herring on April 24.

Murder Defendant Pleads Guilty to 2nd Degree Murder

A murder defendant pleaded guilty to second-degree murder during a status hearing on Jan. 8.

Jerrell Powell, 24, was intially charged with first-degree murder while armed and possession of a firearm during a violent crime. His co-defendant, Jeremiah Jordan, was charged with first-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm during a crime of violence. The men are accused of shooting Antoine D. McCullough, 30, on the 3500 block of 18th Street, SE in 2016. 

DC Superior Court Judge Anita Josey-Herring accepted the guilty plea. Powell is scheduled for sentencing on March 13.

On Oct. 9, 2019, a prosecutor told a judge that he would only offer plea deals if both defendants agreed to plead guilty.

According to the prosecution, Powell and McCullough had a physical altercation on the day of the murder. 

Before entering his apartment, McCullough is seen via surveillance camera standing on the corner of 18th Street, SE talking to a group of people.

McCullough then walks out of view of the surveillance camera, towards his apartment.

Powell, Jordan and one other male, who was not charged in this case, walk into the view of the camera right after McCullough exits the view. As they continued to walk towards McCullough’s apartment they leave the camera frame. 

According to court documents, Powell then began shooting at McCullough. Jordan and the other male then run away from Powell.

The bullets struck McCullough in his groin and lower back.

Jordan pleaded guilty to aggravated assault knowingly while armed on Jan. 6. His other charges were dropped.

Jordan was sentenced to three years of supervised release on Jan. 6.

Murder Defendant Receives 9.5 Years in Prison

A DC Superior Court judge sentenced a murder defendant to nine and a half years in prison for killing a man in 2018.

Timothy Gibson, 28, pleaded guilty to voluntary manslaughter and assault with a dangerous weapon, Sept. 8, for his role in the fatal shooting of 28-year-old Carl Day-Baker on the 1500 block of T Street, SE on Sept. 1, 2018.

Judge Danya Dayson sentenced Gibson to nine and a half years in prison which was compliant with the requests made by both the defense and prosecution. 

“I just want to say sorry to my family, y’all know this isn’t me or how I act at all and I just want everyone involved to please forgive me,” Gibson said.

The prosecution said the murder occurred after a physical altercation between Gibson and Day-Baker.

Day-Baker was in a romantic relationship with Gibson’s sister and had apparently physically abused her.

According to court documents, when Gibson heard about the altercation between Day-Baker and his sister he met up with Day-Baker that night where the two had a physical fight.

After the fight ended Gibson went to his vehicle and retrieved a gun. He then shot in the direction of Day-Baker and his brother, documents said.

The bullets struck Day-Baker in the back.