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Document: Arrest Made in July Murder

The Metropolitan Police Department have made an arrest August 22 in connection to a homicide that occurred on Jul. 23.

According to a press release, officers arrested 32-year-old Andre Smith for his alleged role in the death of 23-year-old Delwaun Lyons, on the 3000 block of 30th Street, SE. Smith is charged with first degree murder while armed.



8 22 19 Arrest Made in a Homicide 3000 Block of 30th Street, Southeast (Text)

Judge Releases Murder Defendant Under Personal Recognizance

During a status hearing on Aug. 21, a murder defendant was released on personal recognizance.

Wilbert Whitaker, 70, is charged with first-degree murder while armed for his alleged role in the shooting death of 30-year-old Leo Hackett on the 800 block of 21st Street, NE on May 2, 2016.

During the hearing, DC Superior Court Judge Todd E. Edelman accepted the defense’s motion to release Whitaker on personal recognizance.

Whitaker had previously been released to home confinement under the high intensity supervision program (HISP).

in early August, Whitaker’s defense attorney, Mani Golzari, filed a motion to amend Whitaker’s release conditions, citing that the defendant wanted to return to the area of the crime where his family stilled lived.

The prosecution responded on Aug. 21, stating that amending the conditions of release would affect the community’s safety.

According to DC Courts, the stay away order for the 800 block of 21 Street, NE will be lifted as soon as the prosecution sends an order to chambers for stay away orders for specific people.

Court documents state that the shooting occurred from a domestic disturbance. Apparently, Hackett was romantically involved with Whitaker’s child. Apparently Wilbert told his child, moments after the shooting, “He should gotten out my house. I told him to get out of my house.”

Whitaker is scheduled for a trial readiness hearing on Jan. 21, 2020.

Defense Questions Witness’s Credibility After Failing To Identify Murder Defendant

During a preliminary hearing Aug. 21, a defense attorney questioned the reliability of a key witness who could not pick a murder defendant out of a photo line up.

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.

According to court documents, Void was at a Shell gas station earlier on the day of the murder when, on video, he pulled out a gun on his mother and took the keys to a car that was registered under his name.

Void then returned to the gas station later and allegedly killed Lawson after a verbal dispute.

Defense counsel, Matthew Davies, said, after questioning the lead detective from the case, that a key witness who saw the murder was not credible because the witness was unable to pick Void’s picture out of a photo lineup. Apparently, the witness only knew Void through his mother.

The defense said that Void only took the car from his mother because she had gotten an absurd amount of traffic tickets while driving the vehicle, but that does not mean he killed Lawson.

The prosecution argued that surveillance footage puts Void at the scene of the crime and that none of the witnesses had any bias towards Void, because they all knew him through his mother.

DC Superior Court Judge Danya Dayson said the witness was credible and reliable because multiple witnesses corroborated their account of what happened despite not being able to choose Void from a lineup.

Judge Dayson ruled that there was probable cause that Void committed the murder.

Void is being held without bail.

A status hearing is scheduled on Oct. 17.

9-1-1 Call Causes Listeners to Leave Courtroom

During a detention hearing on Aug. 20, a  defense attorney played a recording of his client’s call to 9-1-1 operators, which caused people in the audience to leave the courtroom

Cornell Delvonte Holton,25, is charged with felony murder and first-degree cruelty to  children for his alleged role in the death of his 3-month-old daughter, Skylar Newman, on the 4300 block of G Street, SE on April 19.

Defense counsel played the 9-1-1 call in order to demonstrate that the death of Newman may have been accidental.

On the recording, Holton is heard crying and screaming. He was instructed to perform CPR on Newman by the 9-1-1 operator and is heard doing so. Holton is also heard inviting police into his home.

While the recording was playing, listeners in the gallery began to leave.

After playing the recording, defense counsel requested that Cornell be released to a halfway house an have restrictions on his interactions with children.

The prosecution did not have any disputes against the call. However, the prosecutor said that the DC Office of the Chief Medical Examiner determined Newman’s injuries were not consistent with someone who fell down the stairs or an accident.

Five Federal Marshall were present during the hearing. After the recording was played, there was a loud commotion outside the courtroom, causing four of the Marshalls to exit the courtroom.

DC Superior Court Judge Craig Iscoe denied the defense’s request. Cornell is being without bail.

Judge Iscoe said that Cornell missed several court dates in other jurisdictions, and there are no conditions of release that could guarantee his return to court or the community’s safety.

Cornell is scheduled for a status hearing on Oct. 11.

Prosecution Withdraws Objection on Trial Date

During a status hearing Aug. 21, the prosecution formally withdrew their objection to continue a trial date.

Deon Crowell, 50, is charged with first-degree murder while armed for allegedly stabbing Joni Rockingham, 53, on the 300 block of 34th Street, NE on Dec. 12, 2017.

DC Superior Court Judge Danya Dayson scheduled an emergency hearing after the prosecution withdrew their objection to continue a trial date via email on Aug. 20.

D.C. Witness previously reported that defense counsel, Elizabeth Weller, motioned for a continued trial date because the prosecution had not turned over all the case’s documents, despite the trial being scheduled on Oct. 15.

Weller said she received some of the body camera footage but when she emailed the prosecution on Aug. 20, she got no response. Weller said the prosecution withdrew their objection to the continuance within an hour of her email.

Weller also motioned for Crowell’s release until the new trial date.

The prosecution, who said she was not well-versed on the case, asked the judge to table the issue until her co-counsel returned or until she could review the case.

Judge Dayson is expected to rule on Crowell’s release at a status hearing scheduled on Sept. 27.

The judge also asked for dates the prosecution would disclose case documents and reason for the timing of the disclosures to be ready for that hearing.

Judge Dayson scheduled a new trial date on Sept. 1, 2020.

 

 

Judge Holds Competent Murder Defendant at St. Elizabeth’s Hospital

During a preliminary hearing Aug. 21, a DC Superior Court judge denied the release of a murder defendant. The judge also order the defendant remain at St. Elizabeth’s Hospital even though he was found competent.

George Anderson, 21, is charged with second-degree murder while armed for allegedly shooting 24-year-old Devin Butler on the 1200 block of North Capitol Street, NW on June 13.

Judge Todd E. Edelman previously ordered that Anderson’s competence be evaluated at St. Elizabeth’s on June 17.Judge Edelman said that Anderson needed to stay at St. Elizabeth’s to maintain his mental health.

According to a Metropolitan Police Department detective,  Anderson is known to have visual and auditory hallucinations and does not take his prescribed medication.

Judge Edelman also said he found no conditions of release that could guarantee the community’s safety.
During the hearing, defense attorney Blase Kearney withdrew from Anderson’s case. Attorney Judith Pipe was appointed to represent the defendant. A reason for the change was not given in open court.
Anderson is scheduled for a felony status conference on Oct. 18.

Murder Defendant Still in Solitary Confinement After 3 Years, Defense Says

During a status hearing on Aug. 20, a defense attorney said her client has spent the last three years in solitary confinement.

Marcus Martin is charged with felony murder while armed, assault with intent to kill, conspiracy, attempted robbery and firearms offenses for his alleged role in the shooting death of 19-year-old Derryk Johnson on the 600 block of N Street, NW in 2016.

Defense attorney Dana Page told the judge that Martin has been in solitary confinement for 23 hours a day since his arrival at the DC Jail in August of 2016. She said the treatment amounted to torture and could raise constitutional issues.

The prosecution said they did not request Martin be held in solitary, only that he be separated from certain other inmates, whose identities were not stated on the record.

DC Superior Court Judge Craig Iscoe said that he doesn’t have the authority to order the DC Jail to remove Martin from solitary unless it violated the Constitution.

Judge Iscoe then spoke to the attorneys off-the-record. It is not clear whether the issue was resolved.

Judge Iscoe previously ordered that Martin be released under the high intensity supervision program (HISP) on Aug. 13. The prosecution then filed a motion to reconsider.

During the hearing, Judge Iscoe reversed his decision, Martin is currently being held without bail.

Martin is scheduled for a status hearing on Nov. 22.

Judge Orders Mental Observation Hearing

During a felony status conference on Aug. 20, a judge ordered a murder defendant to undergo a 24-hour mental exam. A mental observation hearing is scheduled to follow the exam.

On July 15, officers arrested 31-year-old Alisa Randall for allegedly stabbing 59-year-old Ronald Jones on the 1300 block of Euclid Street, NW. She is charged with second-degree murder.

D.C. Witness previously reported on July 31, that Randall was removed from the courtroom for repeated interruptions during a court proceeding. It was not stated in court whether or not the mental examination is related to the interruptions.
Randall also verbally interrupted proceedings on Aug. 20 but, she was not removed from the courtroom.
Judge Iscoe  approved taking a DNA sample from Randall, so it could be tested against DNA samples taken from the crime scene. Judge Iscoe also ordered that if the swabs did not match any DNA from the scene that it could not be stored in any database for use in other cases.

Murder Defendants Discuss Possible Plea Offer

During a status hearing Aug. 20, two murder defendants were scheduled for another status hearing, so the parties would have time to discuss a plea offer.

Kewon Hunter and Stephon Evans are charged with second-degree murder while armed for allegedly shooting 21-year-old Dion Boyd on the 1400 block of Maryland Avenue, NE on July 30, 2018.

The prosecution informed the court that they intended to make a plea offer to the defendants. Both the prosecution and the defense requested another hearing date so the plea offer could be considered and explained to the defendants.

The substance of the offers were not revealed in open court.

The prosecution also said they would provide all remaining discovery materials to the defense.

Hunter and Evans are scheduled for a status hearing on Sept. 6.

 

Victim’s Friend Calls Murder Defendant A ‘Bonafide Thug’

During a sentencing on Aug. 20, a close friend   of the victim said the defendant was a “bonafide thug.”

Tywan Porter, 26, pleaded guilty to voluntary manslaughter while armed for shooting 39-year-old Alexander Mosby in May of 2018 on the 2200 block of Savannah Terrace, SE.

During the close friend’s impact statement, she blamed low income housing for “harboring thugs” like Porter.

“The defendant did this premeditatedly and for that I hope the courts give him the maximum penalty,” she said.

Mosby’s wife and mother said how hardworking and community oriented he was.

“I’m still in disbelief that my husband is not here,” Mosby’s wife told the judge. “It is hard every day but I think of how great of a person Alex was.”

“I’ll always remember how much of a dreamer Alexander was,” his mother said. “He had so many ideas to start his businesses and he achieved almost all of them.”

The prosecution suggested that Porter receive 10 years and a significant amount of community service once released. The prosecutor said the prison term and service would be fair because Mosby was so involved in the community.

The defense suggested eight years because Porter had no prior criminal record.

The defense said Porter worked for the DC Public School System as a cafeteria manager and was a single father.

Porter apologized to the victims family but also to his family, who were present in the courtroom.

DC Superior Court Judge Todd Edelman said that Porter’s decisions were what led to the murder. Judge Edelman said he believed the suggested sentence range was appropriate for him to rule within.

Judge Edelman agreed with the prosecutions suggestion and sentenced Porter to 10 years in prison with and additional 5 years of supervised release.

He said that he could not order community service, but he did recommend that Porter complete 200 hours upon release.

 

 

 

 

How Does Inmate Placement Affect the Family Structure?

With a federal policy that can place convicted felons from Washington, DC across the country, several inmates from Washington, DC live up to two thousand miles away from everything they’ve ever known. 

So, how does this affect them? 

“The longer someone is out of the life of the family, the more likely they are to lose their place in the family,” said  Carol Fennelly, founder of Hope House DC. Hope House DC is an organization that serves the needs of inmates who have been taken to prisons far from the District. The organization specifically focuses on decreasing recidivism and keeping incarcerated men connected to the community.

According to Fennelly, rehabilitation after imprisonment relies heavily on a connection to family and loved ones and access to treatment and services.  Both of these are affected by distance from home during imprisonment. 

“Equally important is how does [distance] impact the kids? Separation from their fathers dramatically affects the children as well, as mothers have to ‘become everything,’” Fennelly said.   

According to the D.C. Witness database, which began in 2015, 93 percent of convicted defendants involved in murder cases are men. 

Tangible improvements, such as increased employment rates and reduced substance abuse also occur when inmates can maintain family ties while they serve time, leading to a lower likelihood of being sent back to prison. And much of this ability relies on the U.S. Government.   

The U.S. Department of Justice regulates inmates’ placement. According to the Inmate Security Designation and Custody Classification statement, the Federal Bureau of Prisons (BOP) has deemed 500 miles from D.C. to be a “reasonable” distance for prisoners to be placed. 

As of July 5, there are 142 D.C. inmates serving sentences for murder who have been arrested since 2015. The interactive graph below indicates which states they are being held in:

Adhering to the guidelines, 69 percent of inmates are placed within the 500 mile radius at the following prisons:

  • Beckley FCI in West Virginia (304 miles) – 15 inmates
  • Hazelton FCI in West Virginia (189 miles) – 15 inmates
  • Rivers CI in North Carolina (210 miles) – 12 inmates 
  • Hazelton USP in West Virginia (189 miles) – 8 inmates
  • Allenwood USP in Pennsylvania (193 miles) – 7 inmates
  • Cumberland FCI in Maryland (137 miles) – 7 inmates
  • Big Sandy USP in Kentucky (419 miles) – 6 inmates
  • McDowell FCI in West Virginia (357 miles) – 5 inmates
  • Gilmer FCI in West Virginia (74 miles) – 4 inmates
  • Lee USP in Virginia (432 miles) – 4 inmates                                                   
  • Petersburg Medium FCI in Virginia (130 miles) – 3 inmates
  • Canaan USP in Pennsylvania (264 miles) – 2 inmates
  • Lewisburg USP in Pennsylvania (183 miles) – 2 inmates
  • Butner Low FCI in North Carolina (304 miles) – 1 inmate
  • Butner Medium FCI in North Carolina (304 miles) – 1 inmate
  • Danbury FCI in Connecticut (291 miles) – 1 inmate
  • Fort Dix FCI in New Jersey (167 miles) – 1 inmate 
  • Moshannon Valley CI (209 miles) – 1 inmate
  • Philadelphia FDC in Pennsylvania (140  miles) – 1 inmate
  • Schuylkill FCI (175 miles) – 1 inmate

The other 31 percent are placed outside of the 500 mile radius at the following prisons:

  • Atwater USP in California (2,828 miles) – 4 inmates
  • Berlin FCI in New Hampshire (602 miles) – 4 inmates
  • Coleman II USP in Nebraska (834 miles) – 4 inmates
  • Beaumont USP in Texas (1,327 miles) – 3 inmates
  • Edgefield FCI in South Carolina (542 miles) – 3 inmates
  • McCreary USP in Kentucky (558 miles) – 3 inmates
  • Pollock USP in Louisiana (1,163 miles) – 3 inmates
  • Carswell FMC in Texas (1,360 miles) – 2 inmates
  • Marion USP in Illinois (805 miles) – 2 inmates
  • Thomson AUSP in California (843 miles) – 2 inmates
  • Victorville I Medium FCI in California (2,586 miles) – 2 inmates
  • Victorville USP in California (2,586) – 2 inmate
  • Atlanta USP in Georgia (642 miles) – 1 inmate 
  • Florence High USP in Colorado (1,684 miles) – 1 inmate
  • Fort Worth FMC in Texas (1,360 miles) – 1 inmate
  • Pekin FCI in Illinois (793 miles) – 1 inmate
  • Springfield MCFP in Missouri (1,034 miles) – 1 inmate
  • Talladega FCI in Alabama (730 miles) – 1 inmate
  • Tuscon USP in Arizona (2,284 miles) – 1 inmate
  • Waseca FCI in Minnesota (1,102 miles) – 1 inmate
  • Yazoo City Medium FCI in Mississippi (1,031 miles) – 1 inmate

D.C. Witness previously reported that although the BOP said it attempts to abide by the 500-mile guideline, it’s not unusual for a convict to be sent further away for various factors, including: security, population, programming and medical needs.

In 2010, the director of the Justice Policy Center told the House of Representatives Oversight and Government Reform Subcommittee that two-thirds of family members reported distance as presenting an obstacle for their ability to visit an inmate in prison, specifically noting lack of transportation. The director said contact with family members substantially increases an inmate’s chance of rehabilitation by “giving exiting prisoners a greater stake in conformity upon release.” 

Still, DC prisoners’ separation from home continues. 

In comparison to last year, the number of inmates serving sentences in prisons further than 500 miles from DC has more than doubled. In August of 2018, 21 DC inmates were placed outside of the radius. As of July of 2019, 43 inmates are being held at what the BOP considers an unreasonable distance from their homes, families, and loved ones. 

Regina Woolridge reported on and wrote this article. 

Document: Homicide on 18th Street, NW

The Metropolitan Police Department is investigating a fatal assault that occurred on the 2300 block of 18th Street, NW.

According to a press release, officers located 51-year-old Todd Messer suffering from symptoms consistent with assault on Aug. 8. DC Fire and Emergency Services transported the victim to a local hospital where he succumbed to his injuries on Aug. 16.

On Aug. 19, the DC Office of the Chief Medical Examiner declared Messer’s death as a result of blunt force trauma and ruled the manner of death a homicide.

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



8 19 19 Homicide 2300 Block of 18th Street, Northwest (Text)

Judge ‘Had It’ with Prosecution Withholding Evidence

A DC Superior Court judge said he has “had it” with the prosecution withholding evidence.

Alphonso Walker,41, is charged with first-degree murder 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.

On June 7, Walker’s defense attorney, Judith Pipe, said the prosecution was withholding evidence, including crime scene reports and the transcript of a witness’s testimony.

Multiple issues were also raised with the prosecution’s investigation, including the “timely” appearance of  a witness. According to the defense attorney, the sudden appearance should place doubt on the witness’s testimony.

In response, DC Superior Court Judge Milton C. Lee said he has “had it with the Brady reports” from the defense. Judge Lee told the prosecution to begin to make the evidence available.

Walker is scheduled for a felony arraignment on Sept. 27.

Judge Releases DC Murder Defendant to Virginia Authorities

During a felony status conference on Aug. 15, a judge ordered a murder defendant be released to authorities in Virginia.

Michael Anthony Grant, 34, is charged with second-degree murder for allegedly assaulting 33-year-old Lucas Alonzo Thomas on the 3100 block of Randle Place, SE on July 28.

During a felony status conference on Aug. 19, pre-trial services informed Judge Iscoe that Grant is currently in the DC Jail, and will be extradited to Virginia by Aug. 21.
Judge Iscoe also scheduled a felony status conference on Aug. 21 to be sure that Grant was in custody in Virginia and to discuss when he might be sent back to DC for hearings related to the murder.
Grant was successfully extradited to Virginia on Aug. 21, and a warrant was issued for his return to DC after his Virginia matter is resolved.
Grant has no scheduled court dates at this time.

Video Footage, Eye Witness Testimony Plays Key Role in Murder Case

During a preliminary hearing Aug. 14, a DC Superior judge denied a murder defendant’s release after finding probable cause.

Travis Russell, 35, is charged with first-degree murder while armed for allegedly stabbing Michael Hooker, 44, on the 2700 block of Martin Luther King Jr. Avenue, SE on May 26.

Judge Craig Iscoe ruled that the prosecution had probable cause based on footage that allegedly shows the defendant leaving the crime scene as well as witnesses descriptions of the murderer.

Apparently, an eyewitness, who saw the murder, told a Metropolitan Police Department detective that Russell, who was known to stay in a shelter in the area, was near the crime scene at the time of the murder.

During the hearing, the detective said he never entered the shelter because he didn’t have an arrest warrant for Russell. He also said he did not arrest Russell, at the time, because he did not have probable cause to believe he was a suspect.

The detective said he only went to the shelter because a witness gave a description of a man with dreadlocks in a black shirt that stayed at the shelter.

However, defense counsel, Mani Golzari, said the two witnesses who said they saw the murder, did not give two different descriptions of a man police believed was Russell.

Both of the witnesses said the murderer was wearing a white t-shirt moments before the murder took place.

Surveillance footage from two cameras also show Russell, on the day of the murder wearing a white t-shirt headed to the shelter.

Those same cameras then show someone, who is suspected to be Russell, walking from the shelter in the direction of the crime scene wearing a black shirt. He can then be seen again running away from the scene in the same shirt.

Golzari said there was no probable cause that Russell committed the murder because of the different descriptions.

Golzari also said the defendant’s DNA and fingerprints were not found on the crime scene.

The prosecution said Russell could be placed at the scene of the crime by surveillance footage, which allegedly shows him walking in the direction of the crime scene. Then, moments later, he can be seen on the same camera walking back in the direction of the shelter.

The prosecution said the witnesses gave conflicting descriptions because Russell changed clothes before committing the murder.

The alleged murder weapon was not found.

Russell is being held without bail.

A felony status conference is scheduled on Nov. 22.