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Document: Homicide on 14th Street, NE

The Metropolitan Police Department is investigating a homicide that occurred on the 2400 block of 14thStreet, NE.

According to a press release, officers located 25 year-old Bernard Jarvis, a resident of Hyattsville, Md., suffering from multiple gunshot wounds during the early morning hours on June 28. Jarvis died on the scene.

The police department is offering a reward of up to $25,000 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.



6 28 19 Homicide 2400 Block of 14th Street, Northeast (Text)

Driver Pleads Guilty to Vehicular Homicide

After speeding through two stop signs and causing a fatal collision at the intersection of 16th Street and V Street, SE, a man is set to be sentenced to 4.5 years in prison.

During a preliminary hearing June 28, Dejuan Andre Marshall pleaded guilty to voluntary manslaughter and assault with significant bodily injury for his involvement in a vehicular collision that caused the death of 31-year-old Abdul Seck on April 21.

Both the prosecution and defense agreed on a set punishment for the defendant. According to the plea agreement, which was accepted by DC Superior Court Judge Ronna Beck, Marshall will be sentenced to four years in prison for manslaughter and a half of year (6-months) for assault.

Without the plea agreement, Marshall, 21, could have faced a maximum of  30 years in prison for manslaughter and three years in prison for assault, according to the District of Columbia Sentencing Commission’s Voluntary Sentencing Guidelines.

Court documents state that during the afternoon on April 21, a witness saw Marshall involved in an argument with a woman whose identity was not shared in open court. After the argument, a witness said Marshall sped away in his vehicle, a Chevrolet Cruze, down V Street.

Marshall’s car sped through two stops signs and entered the intersection at 16th and V Street, SE when another car, a Chevrolet Malibu, was struck by Marshall’s car, according to the documents

. The Malibu became airborne, partially rolled over and came to rest on the driver’s side. Through the commotion, Seck, who was on a sidewalk near the intersection at the time, was struck, documents state.

Seck suffered form massive body trauma, and the driver of the Malibu suffered from head injuries that required surgery.

Apparently, there were three other passengers in the Malibu, including one adult and two children. The other adult was also treated for head injuries and the children were treated for cuts.

The driver of the Malibu was in a coma for three weeks, according to the prosecution.

On Sept. 6 Marshall was sentenced to four years for voluntary manslaughter and six months for assault with significant bodily injury.

 

 

Murder Defendant Pleads Not Guilty to 2018 Murder

During a felony arraignment June 27, a defendant pleaded not guilty.

Elijah Jarmon is charged with first-degree murder while armed, four counts of assault with the intent to kill while armed and five counts of possession of a firearm during a crime of violence for his alleged involvement in the death of 18 year-old Taquan Pinkney on the 2800 bloack of Stanton Road, SE on Sept. 9, 2018.

DC Superior Court Judge Dayna Dayson set Jarmon’s trial date for Aug. 24, 2020, because the prosecution isn’t available until that time.

The prosecution said it plans to prepare a plea offer, but did not provide any other information about the terms of the offer. The prosecution also said a majority of the evidence would be provided to defense counsel by the end of the day. 

According to court documents, surveillance footage shows three suspects approach Pinkney and two other individuals as they walked northbound on Stanton Road. A fight broke out in the street and continued into a nearby alley. 

Pinkney and the witnesses were then followed by the suspects to the corner of Stanton Road and Douglass Place, documents state. Around that time, the Metropolitan Police Department Shot Spotter System detected gunshots and the suspects were seen fleeing the scene. The other two individuals, who were with Pinkney, survived.

A juvenile defendant is also connected to the case.

Judge Dayson scheduled a status hearing on Sept. 18. 

Document: Fourth Arrest Made in Homicide on Benning Road, NE

The Metropolitan Police Department arrested June 26 the fourth suspect in a fatal shooting in January.

According to a press release, 25-year-old Tavist Alston is charged with first-degree murder while armed o his alleged involvement in the death of 22-year-old Michael Taylor on the 1700 block of Benning Road, NE on Jan. 12.

Alsotn is scheduled for a preliminary hearing on July 9.

Three other individuals, including 22-year-old Carlos Turner, 18-year-old Stephon Evans and 21-year-old Alonzo Brown are also charged with first-degree murder while armed in connection to the homicide.

Turner pleaded guilty to the homicide in May. Brown and Evans are scheduled for a felony status conference on July 2.



6 26 19 Fourth Arrest Made in a Homicide 1700 Block of Benning Road, Northeast (Text)

Judge Denies Defense’s Motion to Invalidate Search Warrant

A DC Superior Court judge decided June 27 to deny the defense’s motion to invalidate a search warrant obtained by the prosecution. The warrant would allow the prosecution to take a sample of the defendant’s DNA. 

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

Judge Danya Dayson denied the motion on the basis that reasonable inferences could be drawn about whether the physical evidence obtained by the prosecution could be used to compare to Irving’s DNA. Judge Dayson said her decision held DC Superior Court Judge Milton Lee’s ruling of probable cause into consideration. 

Irving’s defense attorney, John Fowler, filed a motion to invalidate the warrant on June 25 on the basis that there was no probable cause to justify taking a sample of DNA.  He said there is no comparative DNA, no statements about the likelihood of the presence of DNA and that it was unclear what the prosecution would be comparing the DNA sample to. 

Per Fowler’s request, Judge Dayson ordered that the prosecution only test Irving’s DNA after processing swabs of existing physical evidence. He said he made the request to preserve Irving’s right to privacy.

Fowler also said it wasn’t clear whether the existing physical evidence, which was a hoodie, even belonged to Irving. Fowler said there were more than seven people in the residence at the time of the search.

However, the prosecution argued that there just needs to be a “reasonable inference” that can be made about whether the physical evidence could contain DNA. They said there is no explicit rule about what type of connection has to be made. 

Although Judge Dayson denied the motion to “quash” the warrant, she told counsel that the likelihood of DNA on the hoodie almost undermined the probable cause ruling. 

Irving is scheduled for a felony status conference on Aug. 1.

 

Prosecution Is Working Towards Indictment, Counselor Says

During a felony status conference June 27, the prosecution informed the judge that he is working towards an indictment.

Collin Potter, 27,  is charged with second-degree murder while armed for allegedly stabbing Vongell Lugo, 36. The stabbing occurred on Jan. 6 on the 2800 block of Wisconsin Avenue, NW. 

The prosecution said he expects to have an indictment in August, eight weeks before the deadline in October. Defense attorney, Matthew Davies, had no objection.

In response to DC Superior Court Judge Juliet Mckenna’s inquiry about the status of DNA testing, the prosecutor said he would provide an initial report by the indictment deadline. 

The prosecution also said all the evidence would be provided to the defense with the indictment.

Potter’s next status hearing is scheduled on Aug. 23.

Defense Attorney for Murder Defendant Claims Prosecution is ‘Ambushing’ Him

A defense attorney for a murder defendant claimed June 24 that the prosecution was stragetically ambushing him by changing the focus of a motions hearing last-minute.

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, assault with intent to kill while armed and first-degree burglary.

One of Gibson’s defense attorneys, Eugene Ohm, said he only received an email about the prosecution’s change of focus, from a witness to calls Irving received in jail, only an hour before the hearing.

Ohm said no one had given him any notice that the jail calls would be meaningful in any way. He said he had been preparing all weekend to discuss the witness. Ohm said he didn’t have a chance to listen to the calls. 

According to Ohm, this was “clearly a strategic move on the government’s part.” Ohm objected to going forward with the hearing, claiming the prosecution was attempting to “ambush” him. 

DC Superior Court Judge Danya Dayson said she understood Ohm’s frustration but didn’t think this was a strategic move by the prosecution. 

The hearing reconvened later that afternoon with the prosecution questioning a homicide detective from the Metropolitan Police Department about a series of excerpts from jail calls made between Gibson and other individuals. The prosecution attempted to prove that Gibson was not trustworthy enough for halfway housing.

The defense didn’t have an opportunity to cross-examine the detective, so the motions hearing is scheduled to resume on July 15. 

According to court documents, Day-Baker and his brother had gotten into an altercation with Gibson. After the altercation, as the brothers began walking away, Gibson apparently fired several shots that struck Day-Baker.

 

Prosecution Dismisses Child Murder Case

During what was supposed to be a felony status conference on June 26, the prosecution announced they were dismissing a murder defendant’s charges that stemmed from an infant’s death.

Bobby Davis was charged with first-degree felony murder and first-degree cruelty to children for allegedly burning and killing his 6-month-old daughter, Brooklyn Zakiyaa Hill-Davis, on the 1900 block of Valley Terrace, SE on Sept. 5, 2018. 

The prosecution didn’t explain the decision to dismiss the case against Davis, 22, in open court. 

According to court documents, Davis, 22, was taking care of his daughter. He ran her a bath but didn’t check the water’s temperature. When he put his daughter into the water she flinched and that is when Davis took her out and noticed burns on her bottom. 

Doctors estimated that 15 percent of baby’s body sustained burns. The burn injuries ultimately lead to the child’s death, court documents said.  

 

Counselors Argue Over Validity of Search Warrant in Murder Case

During a motions hearing on June 26, counsel argued over a motion that was filed by the defense to “quash”, or invalidate, a search warrant.

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

The search warrant in question would allow the prosecution to take a sample of Irving’s DNA.

Irving’s defense attorney, John Fowler, filed a motion to quash the search warrant on June 25. 

Fowler said there was a lack of probable cause for the search warrant . He said the prosecution has not indicated that any biological material was recovered from physical evidence, which is what would be used to compare to Irving’s DNA. 

Fowler also said obtaining Irving’s DNA would be a violation of his privacy.

However, the prosecutor argued that many of the cases Fowler used to support his argument were not applicable since there were different circumstances in those particular cases.

The prosecutor also said Fowler had no authority for a motion to quash. He said DC Superior Court Judge Milton Lee found March 12 probable cause, arguing that there was no precedent that the current judge, DC Superior Court Judge Danya Dayson, should have to review Judge Lee’s findings.

Judge Dayson didn’t rule on the motion because she said she needed time to think about her decision. She said that neither side had persuaded her to decide either way. 

The motions hearing is scheduled to continue on June 27. 

Even though Judge Dayson said she is not likely to make a ruling at that time, she  wants to hear counsel’s arguments about probable cause. However, she noted that by the time she makes her ruling, the prosecution’s warrant might be stale.

According to court documents, officers of the Metropolitan Police Department found Williams lying unconscious on the sidewalk, suffering from multiple gunshot wounds. 

 

Judge Continues Co-Defendant Murder Case

A DC Superior Court judge postponed a hearing for a murder case on June 26. 

Kevon Pinkett and Keith Johnson are charged with second-degree murder while armed for their alleged involvement in the fatal stabbing of Edwin Richardson on the 2900 block of Martin Luther King Jr. Avenue, SE on April 5. 

During the June 26 hearing, both counsel requested that Judge Dayna Dayson continue the preliminary hearing that was scheduled to occur on June 26 to Aug. 16. Counsel didn’t discuss why they wanted to continue the hearing in open court. 

Surveillance footage shows Richardson being assaulted by four men, according to court documents.

Richardson was initially captured on camera being chased by four suspects, documents state. The men involved in the incident chased Richardson into an intersection and surrounded him.

Apparently, the men took turns striking Richardson with a milk crate and then throwing it at him. One man threw an unknown shiny object at Richardson which caused him to lose his balance.

In the the footage, Pinkett and Johnson were seen “rifling through [Richardson’s] clothing,” according to court documents. The suspects then fled the scene, leaving Richardson laying motionless on the street. 

Pinkett and Johnson were the only two suspects apprehended.

During an interview with police, Johnson said he was not the one who stabbed Richardson and was not sure who did. He told police that Richardson was the only one with a knife. Johnson said he knocked Richardson’s knife out of his hand with the milk crate.

Murder Defendant Rejects 2nd Degree Plea Deal

During a status hearing June 25, a murder defendant rejected a plea offer from the prosecution.

Torey Stockton 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 is being held at DC Jail without bail

If Stockton, 21, had decided to plead guilty to second-degree murder, he could have received a prison sentence spanning from 12 to 24 years. The plea would have required a lower sentence than the mandatory minimum required by the District of Columbia Sentencing Commission’s Voluntary Sentencing Guidelines

According to the guidelines, Stockton could receive a maximum sentence of 60 years in prison. The lowest sentence he could face is 30 years in prison. 

The prosecution also told DC Superior Court Judge Dayna Dayson that “there may be a couple of additional [DNA] testings.” Judge Dayson reminded counsel that, if they intended to do further testing, they must inform the defense. 

According to court documents, a witness believed there were two or three individuals in the vehicle with Stockton. 

In addition to the murder charge, Stockton is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed, assault with significant bodily injury while armed, carrying a pistol outside a home or business, tampering with physical evidence and obstruction of justice. 

Kayla Thompson, a co-defendant in this case, was also present in court. Thompson is charged with obstruction of justice. She is currently released on personal recognizance.

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

 

 

Judge Finds Probable Cause in 2019 Murder Case

During a preliminary hearing June 25, a DC Superior Court judge found probable cause in a case where three men were murdered.

Rakeem Willis is charged with premeditated first-degree murder while armed for allegedly shooting Sean Shuler, 26, Javon Abney, 26, and Tyrik Hagood, 24. The shooting occurred on Jan. 26 on the 1500 block of Fort Davis Place, SE.

According to a Metropolitan Police Department detective, who assisted the lead detective during the investigation, the suspect’s vehicle travelled toward the crime scene before the murder occurred and then in the direction of where police found a car burned shortly after the crime. Surveillence footage shows a similar vehicle approach and leave the crime scene around the time of the murder. 

Judge Dayna Dayson found probable cause on the basis that, during the time of the incident, the path of the suspect’s vehicle matched locations from Willis’ phone records. An eyewitness connected Willis to the phone, confirming that he used it before and after the murder, according to the detective.

During cross-examination, defense counsel argued that there was no clear evidence that Willis was the one who shot the men, pointing out that there were no unique features of the car to distinguish it from any other similar looking vehicle.

The defense also said the detective said there was no evidence confirming that Willis was actually the individual operating the vehicle. 

Willis’ fingerprints were not found on or in the vehicle, according to the detective. Instead, police found fingerprints that belonged to three other individuals, all of whom had criminal records. The names of the three individuals whose fingerprints were on the vehicle were not disclosed in open court.

The defense said there was nothing in the detective’s testimony or in court documents that provided any motive for Willis to harm the victims.  

Judge Dayson said, although the evidence is circumstantial and does not point to Willis pulling the trigger, the matching locations of the suspect’s vehicle and Willis’ phone records indicate that he was involved. 

However, Judge Dayson acknowledged that the prosecution’s argument was “not the strongest case” and that the physical evidence “was not overwhelming.”

In light of the prosecution’s weak case, defense counsel also requested Willis’ release to the High Intensity Supervision Program (HISP) so he would be able to work. 

Judge Dayson denied the request, saying there was “clear and convincing evidence” that no combination of release conditions would assure the safety of the community. Willis is being held without bond at DC Jail. 

Judge Dayson said she based her decision on Willis’ prior assault charges and gun offenses, as well as the nature of the murder. She also said Willis was a flight risk because of his prior attempt to evade police. 

According to court documents, police officers found all three victims suffering from multiple gunshot wounds. Two of the victims were found inside of a vehicle. All three victims were pronounced dead on the scene. 

A felony status conference is scheduled on Sept. 25.

 

Prosecutor Announces Presence of DNA Evidence in Murder Case

With the presence of DNA evidence in a murder case, a prosecutor suggested June 2 that another hearing was needed to discuss test results and decide on next steps. 

Roger Hector Hamilton, 38, is charged with second-degree murder, driving under the influence of alcohol or a drug, and reckless driving for his alleged involvement in the death of 42-year-old Vincent Childs. The incident occurred on the 3200 block of Wheeler Road, SE on March 2, 2018.

The prosecutor also said he gathered and reviewed surveillance footage but didn’t find any evidence that would be useful or valuable in the case. 

Hamilton’s defense attorney, Joseph Scrafano, said the prosecutor provided him with a large amount of additional evidence on June 20, but he has not had time to go through it. 

According to court documents, an SUV travelling at high speed struck Childs at Alabama Avenue and Wheeler Road, SE. Hamilton allegedly “attempted to flee,” but was stopped by a nearby citizen. Childs was pronounced dead on the scene. Apparently, he suffered from massive trauma.

 The legal limit for blood alcohol levels is .08 percent, Hamilton scored a .12 percent, indicating that he was intoxicated to a level where he was not legally allowed to operate a vehicle.  

According to the Alcohol Health Center, an e-health program sponsored by Evolution Health Systems, Inc., a blood alcohol level between .10-.125 means that motor coordination and judgement are significantly impaired. 

Hamilton’s next hearing is scheduled on Sept. 17. 

 

Judge Continues Hearing for 2017 Drive-By

During a June 24 status hearing, after a discussion at the bench a status hearing was continued to September.

Robert Moses and James Mayfield are charged with first-degree murder while armed for their alleged involvment in the death of Jamahri Sydnor on the 1400 block of Saratoga Avenue, NE in 2017. The co-defendants are also charged with assault with the intent to kill, aggravated assault while armed, conspiracy while armed and possession of a firearm during a crime of violence. Moses is charged with obstruction of justice. 

The reason for the hearing’s continuance to Sept. 6 wasn’t discussed in open court. 

A prosecutor also told DC Superior Court Judge Craig Iscoe that the defense received all material evidence in the case. According to DC Courts, protective orders for body-worn camera footage were issued and signed by Judge Iscoe in May. 

Moses, 20, and Mayfield, 19, allegedly fired more than ten shots at individuals at the intersection of Saratoga and Montana Avenue, NE, court documents state. Sydnor, 17, was an unintended target, struck by a bullet while driving through the intersection.  Sydnor’s passenger, her 12-year-old cousin, sustained non-life-threatening injuries. Three other bystanders were also wounded during the shootout.

The shooting is believed to be the result of an on-going feud between young men from the Langston and Saratoga neighborhoods, according to the police.

Sydnor was a recent graduate of Woodrow Wilson High School, who was set to attend Florida A&M University in the fall of 2017, news reports state. She was also the daughter of a DC police officer.  

Philip Carlos McDaniel, 22, who is charged with assault with the intent to kill while armed in connection to the case, is scheduled for a status hearing on Oct. 3. 

Judge Replaces Defense Attorney Due to Conflict of Interest

During a status hearing on June 24, a judge said defense counsel for one of four co-defendants will be replaced because of a conflict of interest.

Charles Young, Steven Robin, Sean Mckenzie and Edward Brown face various charges for their alleged involvement in the shooting of Kenneth Poindexter on the 4900 block of D Street, SE on Jan. 20, 2018.

Young, 28,  and Robin, 23,  are charged with first-degree murder while armed with a firearm and possession of a firearm during a crime of violence. McKenzie, 22, and Brown, 19, are charged with first-degree murder, according to DC Courts. 

DC Superior Court Judge Todd Edelman addressed the conflict of interest issue for defense attorney Michael Madden, who represents Robin. Apparently, a witness for the case requested that Madden be removed. 

Judge Edelman said that if Robin went to trial with Madden, and a conviction was given at that trial, it wouldn’t be upheld since there is a ‘conflict of interest’ with a witness on the case.

In response to a possible delay in the trial, which is scheduled on Sept. 30, Young’s defense counsel, Ronald Resetarits, requested to sever his client from the other defendants. 

Resetarits said his client was ready to proceed to trial. Counsel for the other three defendants said their cases would not be ready in time for the September trial. 

Judge Edelman told Resetarits to file a motion to separate Young’s case from the other cases.

A status hearing for all four defendants is scheduled on July 9 to discuss next steps.

Brown and McKenzie are scheduled for a preliminary hearing on July 8.