Murder Defendant’s Competency Still Inconclusive

>A murder defendant’s competency for trial is still uncertain even though he has undergone several examinations since 2018.

Daryl Thompson is charged with first-degree murder while armed, assault with intent to kill while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside of a home or business, obstructing justice and threat to kidnap or injure a person for his alleged involvement in the deaths of Edward Roberts Jr. and Tyler McEachern.

During a mental observation hearing on July 9, DC Superior Court Judge Craig Iscoe reviewed the results of Thompson’s latest mental evaluation. According to the report, Thompson would need to undergo another full competency exam. A doctor for DC Courts said Thompson, 27, would not have to be sent to St. Elizabeth’s Hospital, DC’s psychiatric hospital, for the exam.

Counsel agreed that Thompson will be held at DC Jail until he is examined. Apparently, all of Thompson’s examinations have been conducted by the same doctor.

According to court documents, Roberts, 29, was found shot on the 3500 block of 14th street NW on July 30, 2016. McEachern, 23, was also found shot on the 3100 block of Buena Vista Terrace SE on Aug. 29, 2016.

Thompson’s next mental observation hearing is scheduled on Aug. 23.

Judge Extends Indictment Deadline

During a motions hearing July 9, a DC Superior Court judge granted the prosecution’s request to extend a defendant’s indictment deadline by 20 days.

Kaevon Sutton is charged with first-degree murder while armed for allegedly shooting 22-year-old Aujee Tyler on the 3500 block of Stanton Rd., SE on March 19, 2018.

The indictment deadline was extended until Aug. 3.

According to court documents, the shooting resulted from an argument over stolen cars. Apparently, Sutton, 18, and his friends routinely stole cars.

Sutton is currently being held at the Department of Youth Rehabilitation Services (DYRS). Defense counsel’s motion to reconsider Sutton’s detention was denied.

A felony status conference is scheduled on Aug. 2.

Judge Releases 2 Defendants to Halfway House

During a preliminary hearing on July 9, a DC Superior Court judge found probable cause that two defendants could have been involved in a murder in 2018.

Antonio (Sean) McKenzie and Edward Brown are charged with first-degree murder while armed for their alleged involvement in the shooting of 29-year-old Kenneth Poindexter on the 4700 block of Benning Road, SE on Jan. 20, 2018.

Based of the testimony of a Metropolitan Police Department detective, Judge Todd. E. Edelman found probable cause that McKenzie, 21, and Brown, 19, were involved in the victim’s death.

According to the prosecution, a witness identified two suspects in the alleged vehicle that took the defendants to and from the scene of the crime. Additionally, McKenzie’s DNA was found in the vehicle. Brown’s DNA was not found in the car.

Judge Edelman agreed to release the defendants into a halfway house. He said he felt as if the defendants earned the privilege through their behavior in the past 18 months.

Charles Young, 28, and Steven Robin, 23, are also charged with first-degree murder while armed with a firearm and possession of a firearm during a crime of violence for their alleged involvement in the homicide. Young and Robin were present so that counsel could schedule a trial date.

All four defendants are scheduled to be tried together on Sept. 8, 2020. They are also scheduled for a status hearing on July 30.

Reviewing Traffic fatalities in the District: Data Shows Increase

Traffic fatalities in Washington, DC have been rising in the last couple of years despite the mayoral administration’s implementation of an initiative to decrease traffic fatalities in Washington, DC.

According to the Metropolitan Police Department, there were 23 traffic/pedestrian fatalities in 2016, 28 fatalities in 2017 and 31 fatalities in 2018. As of July 9, D.C. Witness has already logged 11 traffic/pedestrian fatalities in 2019, totaling 93 traffic fatalities in the District since 2016. According to D.C. Witness data, there were 15 traffic fatalities in 2015.

Police arrested suspects in 21 of the cases. More than half of the 21 cases involved some type of drug impaired driving. PCP, a mind altering drug, was present in six cases, alcohol was present in five cases, PCP and cocaine in one case, and alcohol and fentanyl in one case. Another incident included a Metrobus driver who was talking on the phone while driving through a crosswalk, striking two women in the process.

All of the fatalities occurred in the wake of a traffic initiative — Vision Zero — released by the Mayoral administration in 2015.

Vision Zero was created as a call to action by the U.S. Department of Transportation’s initiative “Safer People and Safer Streets.” According to the Vision Zero site, DC Mayor Muriel Bower’s administration hopes to reduce the number of traffic fatalities and corresponding injuries in the District to 0 by 2024.

After its initial year, Vision Zero entered its implementation stage in 2016. During that year, the mayor’s office began allocating funds to non-profits and DC agencies as a means to support and create “innovative solutions” to address the District’s traffic fatality problem.

According to the Vision Zero website, in 2016 the mayoral administration allocated nearly $400,000, in 2017, $600,000 was dispersed. According to the initiative’s site, various organizations, including The George Washington University Hospital and Gearin’ Up Bicycles, applied for and were awarded grants to implement plans to bolster Vision Zero’s initiative. The District Department of Transportation website states that $555,000 was distributed in grants in 2018.

As of July 1, 2019, a Vision Zero report has not been released for 2018.

While the vast majority of the money was allocated to infrastructure and education for pedestrian and bicycle safety, D.C. Witness data notes that motives behind traffic fatalities that result in arrests are linked to impaired driving.

As stated in the 2016 Vision Zero Progress Report, the 2017 grant awarded to GW hospital was one of the only responses to combat impaired driving. According to the report, GW’s funding went toward replicating a procedure to examine blood in relation to impaired driving.

Meanwhile, the remaining funding went toward infrastructure and pedestrian education.

In 2018, Vision Zero allocated:

$150,000 to George Mason University (GMU) in order to teach students how to navigate and balance on a bicycle in a simulated environment.
$100,000 to the District of Columbia Department of Health (DOH) in order to compile data relating to DC traffic fatalities and injuries.
$100,000 to the Safe Routes to School National Partnership in order to foster community engagement concerning safe walking, driving and bicycling as well as planning and designing safe infrastructure.
$80,000 to Gearin’ Up Bicycles in an effort to organize mechanics to provide education, repairs, safety equipment and safety checks.
$65,000 District of Columbia Office of Planning (OP) in order to study and implement “design interventions” in a high priority location in an effort to address issues including speeding vehicles in busy pedestrian areas.
$60,000 to the Southwest Business Improvement District in order to “pilot and measure” the effectiveness of safety interventions in a DC neighborhood.

In 2017, Vision Zero allocated:

$169,000 to The George Washington University Hospital in order to replicate a procedure to examine blood in relation to “drunk and drugged” driving.
$160,000 to DC Villages / Capitol Hill Village in order to reduce the number of seniors driving.
$130,000 to the District of Columbia Office of Risk Management (ORM) in order to implement a driver safety program.
$80,000 to Gearin’ Up Bicycles in an effort to organize mechanics to provide education, repairs, safety equipment and safety checks.
$61,000 to the District of Columbia Department of For-Hire Vehicles (DFHV) in order to create compliance checkpoints, among other things, to address dangerous driving specifically regarding vehicles for hire.

In 2016, Vision Zero allocated:

$156,000 to the Department of Public Work in order to install Side Underride Prevention Devices, or metal bumpers that prevent cars from sliding under trucks during an accident, on dump trucks.
$100,000 to the Office of Disability Rights in order to “inventory and evaluate bus stop accessibility and sidewalk conditions.”
$80,000 to the District Department of Transportation in order to create a campaign to spread awareness about large and commercial vehicle blind spots.
$41,000 to the DC Commission on the Arts and Humanities in order to install art discouraging street harassment.
$20,000 to the Office of the Deputy Mayor for Health and Human Services in order to provide an ANC liaison tool kit and pedestrian safety training.

This article is the first in a series of articles D.C. Witness will release on traffic policies and initiatives in the District of Columbia.

Olivia Osborne also contributed to this article.

Prosecution’s Case Rests on Witness’s Health

The prosecution told a DC Superior Court judge that they wouldn’t move forward with a case if a witness died.

Taron Oliver, 44, is charged with first-degree murder while armed for allegedly shooting 41-year-old Nathaniel Williams, his stepfather, in 1995. A previous article reported that

Williams was arrested multiple times for assaulting Oliver’s mother.

During a hearing on July 8, Oliver’s defense attorney, David Benowitz, requested medical documentation, or another form of evidence, to support the claim that a witness in the case would pass away soon. On July 3, Judge Craig Iscoe granted the prosecution’s motion to allow a witness to have their deposition videotaped, rather than appearing in court.

The prosecution said the account of the witness’ “imminent death” comes from the wife of the witness. Judge Iscoe said the witness’ condition created urgency for attaining the videotaped deposition quickly.

When asked, the prosecutor said that he wouldn’t be able to move forward if the key witness died, but he would work to get the witness’s medical records. According to court documents, the witness is currently hospitalized in the state of Georgia for congestive heart failure.

Counselors told the court that they are in plea negotiations.

A status hearing is scheduled on July 15 to assess the status of the medical records.

Will 3rd Mental Exam Solidify Murder Defendant’s Competency?

After three competency evaluations since being charged in 2016, a murder defendant’s mental health is still being contested.

Roberts, 29, was found shot on the 3500 block of 14th street NW on July 30, 2016. McEachern, 23, was also found shot on the 3100 block of Buena Vista Terrace SE on Aug. 29, 2016.

DC Superior Court Judge Craig Iscoe granted the defense’s request for Thompson’s third mental health exam on July 2, however, the exam was rescheduled to July 8. Defense attorney, Dana Page, said that due to reasons not stated in open court, she was obligated to make the request pursuant to a precedent that states that issues regarding a defendant’s competency for trial must be raised before the trial begins.

Thompson’s next mental observation hearing is scheduled on July 9.

In March of 2018, Thompson, 27, missed a hearing due to behavioral issues that resulted in making him ineligible for transfer to the courthouse. Thompson’s first forensic mental exam was ordered after the missed hearing. After analyzing the results, Judge Iscoe ordered a full competency examination even though the defense argued against the report’s conclusion.

The full competency exam took place in May of 2018. Thompson was found competent to stand trial.

Two months later, the defense filed a motion for another forensics mental health examination. According to DC Courts, the examination resulted in Thompson being released to St. Elizabeth’s Hospital for another full competency evaluation.

Thompson was found incompetent for trial.

Even though the defense opposed the second exam’s results, Judge Iscoe ordered that Thompson be sent to St. Elizabeth’s for mental competency treatment.

In November of 2018, after the treatment, according to DC Courts, Judge Iscoe found Thompson competent for trial. A date was set on Oct. 7 2019.

Judge Denies Defense’s Request to Dismiss Murder Case

During a motion hearing on July 8, a DC Superior Court judge denied the defense’s motion to dismiss a case after the prosecution allegedly did not hand over evidence in a timely manner.

Marquette Tibbs is charged with first-degree-murder while armed, possession of a firearm during a crime of violence and unalwful possesion of a firearm for his alleged involvment in the death of Orlando Silver III on the 1300 block of Howard Rd., SE in 2016.

Defense counsel accused the prosecution of suppressing evidence which included information on the victim’s criminal history and pieces of a pre-trial investigation report. Defense counsel claimed, “with simple due-diligence the documents could have been found in a matter of minutes or hours.”

However, the prosecution said the evidence was not disclosed because it was not exculpatory. “This was not an intentional suppression of any information,” the prosecutor told the judge.

Judge Todd E. Edelman decided that a dismissal wasn’t justified because the evidence was too vague to be exculpatory. Judge Edelman said the prosecution’s violations were more of an oversight.

Tibbs, 27, is set to go to trial on Nov. 18.

In addition to being charged with murder, Tibbs is also charged with assault with the intent to kill while armed in a separate case that is scheduled for trial in 2020.

Tibbs had a co-defendant, Cinquan Cartledge, in the homicide, however their cases were separated in March. Cartledge, 25, is scheduled for trial in 2020.

Nick Slater and Julia Guercio contributed to this article

Second Trial Begins for Murder Defendant

The second trial for a man who allegedly murdered two men began July 8.

Terik McLeod, 33, is charged with first-degree murder while armed for allegedly shooting Devaun Drayton and with first-degree murder while armed with aggrivating circumstances for allegedly shooting Cartlton Fisher. The shooting of Drayton, 17, occurred on the 700 block of 26th Street, NE on March 10, 2004. The shooting of Fisher, 23, occurred on October 1, 2006, on the 1100 block of 21st Street, NE. McLeod’s first trial resulted in a hung jury.

During the prosecution’s opening argument, counsel said the murder of Drayton is what led to the murder of Fisher. Apparently, Fisher told police that McLeod was responsible for Drayton’s death, breaking the “no snitching” rule. As a consequence, the prosecution said McLeod killed Fisher.

Even though the prosecutor told the jury that there was no scientific evidence in the case, but he said it wouldn’t be necessary because there was ample witness testimony.

According to the prosecution, Drayton was murdered because he stole a gun, lied about it, and didn’t give it back.

Apparently, Drayton asked David Warren, a good friend of his, if he could have a gun. Warren wanted to sell the firearm to McLeod, so he allowed Drayton to borrow the gun under the condition that he’d give it back. However, the prosecution said, Drayton did not give the gun back and lied about it, saying he no longer had it.

The prosecution called a former police officer for the Metropolitan Police Department, who had been one of the first responders to the scene.

The officer said none of the witnesses provided her with any information about who shot Drayton.

The prosecution also called a woman who lived near the scene of the crime. She said she was home when she heard a “pow,” which she said sounded like “the backfire of a truck.” She said she saw a body lying at the bottom of the steps behind the playground. She said she did not see anyone else near the body at that time.

The witness said she had seen Drayton earlier that morning, hanging out by the top of the steps with three other men. She said she saw him every day. She also mentioned that the men who were at the scene when she arrived were not the same men she saw Drayton hanging out with earlier.

A former forensics officer, who had been the lead technician processing the crime scene, said DNA testing was not conducted on any items of evidence, including a red car that was on the scene and two sandwiches.

The witness also said he did not test anyone who was present at the scene of the crime for gunpowder residue or DNA since he did not have a search warrant and because no suspect had been identified on the scene who would need to be tested.

The trial is scheduled to resume on July 9.

Defense Announces Plans to Conduct Independent DNA Testing

Defense counsel said there are plans to independently test evidence in murder case.

Robert Dean, 61, is charged with first-degree murder while armed with a screwdriver for allegedly stabbing 38-year-old Tamiya White on the 1000 block of Mount Olivet Road, NE on March 31, 2018.

Dean’s defense attorney, Anthony Matthews, said he planned to test two items of evidence, a screwdriver and a knife, for DNA. Matthews didn’t give a definitive answer about testing the items, saying he wanted to reserve the right to re-test the items once he receives more information from the prosecution.

The prosecutor said she would have results from a DNA test applied to the victim’s fingernails to him within two weeks.

The prosecutor also said multiple biological materials were collected from existing evidence, including items of clothing, a screwdriver, a knife found inside White’s purse and a paternity test.

The prosecutor said the test results indicated the presence of White on a screwdriver. Apparently, White and Dean’s DNA was also on a jacket. According to the prosecutor, the paternity test indicated that Dean was the biological father of the fetus.

Matthews said the defense would not be re-testing the other items of evidence, including the paternity test.

According to court documents, officers from the Metropolitan Police Department found White conscious and breathing, bleeding uncontrollably from the left side of her neck in a McDonald’s restaurant. White was pronounced dead later that afternoon.

Surveillance Footage at the McDonald’s restaurant shows White drive to the fast food store, holding her neck as she entered.

Apparently, a witness called the crime tip line and reported that Dean and White had gotten into a verbal altercation, during which Dean stabbed White several times with a screwdriver.

A trial readiness hearing is scheduled on Sept.17.

Document: Homicide on Martin Luther King, Jr. Ave., SW

The Metropolitan Police Department is investigating a fatal shooting shooting that occurred during the early morning hours on July 8.

According to a press release, police found 22-year-old Anfernee Vernon Walker suffering from gun shot wounds on the 3900 block of Martin Luther King Jr. Avenue, SW. The victim died at a local hospital. Three other victims were transported to a local hospital for treatment.

No arrests were made as of the time of publication on July 8.

A reward of up to $25,000 is being offered for information that leads to an arrest and conviction in this case or any other homicide case in Washington, DC. 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 W Street, NW

A second arrest was made July 8, 2019 in relation to the murder of Christopher Payne on June 30, in the 1400 block of W Street NW. Malik Coles, 22, was arrested and charged with First Degree Murder While Armed. A warrant had been issued for his arrest on July 3.

Previously, Duan Garmany had been arrested on June 30, the same day as the murder, and was also charged with First Degree Murder While Armed. Duan Garmany is scheduled for a preliminary hearing on July 12.

An additional gunshot victim was treated for non-life threatening wounds that he suffered as a result of the same shooting on June 30.

Document: Homicide on Burns Street, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 400 block of Burns Street, SE.

According to a press release, police officers located 25-year-old Demarco Jones suffering from multiple gunshot wounds during the early morning hours on July 6. He died on the scene.

Second Trial Slated to Begin Soon for Murder Defendant

A man charged with the murder of two men is scheduled to appear in trial for a second time.

Terik McLeod, 33, is charged with first-degree murder while armed for allegedly shooting

Devaun Drayton, and with first-degree murder while armed with aggravating circumstances for allegedly shooting Cartlton Fisher. The shooting of Drayton, 17, occurred on the 700 block of 26th Street, NE on March 10, 2004. The shooting of Fisher, 23, occurred on October 1, 2006, on the 1100 block of 21st Street, NE.

The first trial for McLeod began on November 5, 2018, and lasted for nearly three weeks. On May 7, after almost two weeks of deliberation, the jury could not reach a unanimous decision about whether McLeod was guilty of the two homicides. Because the jury was hung, a mistrial was declared.

On May 17, the prosecution indicated that they would retry the case, and a jury was selected on July 1 and 2. Trial is scheduled to begin on July 8, 2019. DC Superior Court Judge Ronna Lee Beck predicted that the trial would be over by July 18. She also estimated that jury deliberations would begin on July 22.

According to court documents, officers from the Metropolitan Police Department found Drayton suffering from a gunshot wound to the head during the evening hours on March 10, 2004. He was pronounced dead at the hospital.

Fisher was interviewed as a witness within a few weeks of Drayton’s murder. Apparently, he had had a conversation with McLeod a few days after the murder. During their conversation, McLeod asked him if he had any bullets, saying “I had to get him before he get me.” Apparently, McLeod told Fisher that when Drayton turned his back, he shot him in the head. Fisher also positively identified a photo of McLeod.

On October 1, 2006, police officers found Fisher suffering from multiple gunshot wounds. Multiple witnesses said they saw McLeod, Fisher, and another individual together right before Fisher’s death.

Document: Fourth of July Shooting

Officers from the Metropolitan Police Department are investigating a fatal shooting that occurred on Independence Day.

According to a press release, police found 23-year-old Keonte Haynesworth, a resident of Upper Marlboro, Md. suffering from multiple gunshot wounds on the 4200 block of 7^th Street, SE.

He was pronounced dead at a local hospital.

Police are offering a reward of up to $25,000 to anyone that provides information that leads to an arrest and conviction in 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.

Judge Grants Motion to Decrease Defendant’s Sentence

During a motions hearing on July 3, a DC Superior Court Judge granted the prosecution’s motion to reduce a defendant’s sentenced.

In 2017, a jury found Johnathan Taylor guilty of first-degree murder while armed for the death of 25- year-old Dexter Motley on the unit block of 46th Place, NE in 2014. Taylor, 28, was also found guilty of possessing a firearm during a crime of violence, assault with the intent to kill while armed, unlawful possession of a firearm and obstruction of violence. Taylor was sentenced to 40 years in prison in 2017.

The prosecution filed a motion to reduce Taylor’s sentence because of his cooperation. The prosecutor did not provide any other specifics about Tabor’s cooperation.

The prosecution told Judge José M. López that the defendant has come a long way. The prosecutor said Taylor “earned” a reduced sentence.

Judge Lopez granted the motion to reduce the sentence for the defendant on one charge, but his other charges will stay the same. D.C. Witness couldn’t verify the charge that Judge Lopez will reduce.

Taylor is also serving six years in prison for voluntary manslaughter in connection to the death of 23-year-old Dwayne Dilliard on the 2600 block of Douglas Place, SE on July 4, 2015.

In 2017 two defendants, Harry Herbert and Shakim Lyons, pleaded guilty to voluntary manslaughter and unlawful possession of a firearm for their roles in Dillard’s death. Herbert, 31, was sentenced to 11 years in prison Lyons, 30, was sentenced to two years in prison.

Last year, a fourth defendant, 28-year-old James Coffield, pleaded guilty to voluntary manslaughter for his role in Dillard’s death. Corrfield was sentenced to seven and a half years in prison.

Search