On July 25, a preliminary hearing was continued to Aug. 14 due to counsel not finishing arguments about a defendant’s involvement in a murder.
Travis Russell is charged with first-degree murder while armed for allegedly stabbing of 44-year-old Michael Hooker on the 2700 block of Martin Luther King, Jr. Avenue, SE on May 26. Russell, 35, has not been indicted.
During the hearing, counsel questioned one of the detectives on Russell’s case about the details of the investigation.
According to the detective, a verbal dispute occurred between Hooker and Russell on Martin Luther King Jr. Avenue. Russell then went to a men’s shelter where he resided and changed his clothes. In that time, Hooker and a few other individuals walked to the bus stop in front of the Player’s Lounge Bar.
Surveillance video shows a man, who police believe is Russell, walking in the direction of the bus stop with what appears to be a glass bottle in his hand. The man walks out of view of the camera, and walks back in view moments later, without the bottle.
The man is seen walking back into the men’s shelter, where the detective said drops of blood could be seen on the floor. Surveillance video shows the man wrapping his hand with a bandage.
Police recovered shattered pieces of a Corona beer bottle at the crime scene. The detective said shards of glass from the bottle had blood on them. However, DNA testing came back inconclusive, court documents state.
According to an autopsy report from the Office of the Chief Medical Examiner of the District of Columbia, the cause of death was a stab wound to the neck.
Defense attorneys in a co-defendant case said they needed more time to test DNA evidence during a status hearing on July 26.
Gabriel Brown, 30, and Antonio Upshaw, 30, are both charged with first-degree murder while armed for their alleged roles in the murder of 24-year-old Tyrone Johnson. The incident occurred on the 2300 block of Pennsylvania Avenue, SE on March 10, 2017. Upshaw is also charged with robbery while armed with a firearm and possession of a firearm during a crime of violence.
DC Superior Court Judge Todd Edelman said the July 26 hearing was supposed to be a status hearing where the defense would discuss the results of DNA testing and decide what further actions to take.
However, the attorneys said they weren’t ready to conduct the hearing.
Brown’s attorney, Keven Irving, said he was waiting on additional evidence from the prosecution. He said until he gets the material, he can’t make a decision about whether he would test particular items.
According to court documents, officers of the Metropolitan Police Department found Johnson lying in an alley, suffering from multiple gunshot wounds. He was pronounced dead at the hospital later that morning.
During a felony status conference July 30, a DC Superior Court judge scheduled a motions hearing on Aug. 7.
Steven Robin, Antonio or Sean McKenize, Charles Young and Edward Brown are charged with first-degree murder while armed for their alleged involvement in the shooting death of 29-year-old Kenneth Poindexter on the 4700 block of Benning Rd., SE on Jan. 1, 2018. Robin and Young are also charged with possession of a firearm during a crime of violence.
Two motions, including a severance motion, were filed July 25 by Young’s attorney, Ronald Resetarits.
Judge Todd Edelman set a deadline of Aug. 2 for the prosecutor to respond to the motions.
During a preliminary hearing July 9, Judge Edelman released McKenzie, 22, and Brown, 19, to a halfway house. Robin, 23, and Young, 28, remain incarcerated.
According to court documents, a witness told police that Robin said he killed Poindexter. The witness said Young received a phone call from a woman, who was not identified. The woman said someone was trying to break her windows.
The witness said Young told his friends to come with him to go scare whoever was breaking in the window. Apparently, Robin, Young and three other men grabbed their guns and got in the car.
Once the group arrived, there was an argument between the person who was breaking the window and the men in the car. According to court documents, Poindexter was with a friend who ran off when the shooting started.
The witness said Robin did not fire the first shot.
As the men were trying to flee the scene after the shooting, Robin got back out of the car to “finish off” Poindexter, according to the witness.
The witness said Robin finished him off because Poindexter saw who he was and was still breathing.
Court documents state there are four confidential informants in the case. The first placed Robin at the scene of the crime. The second informant told police that Robin killed Poindexter. The third heard Robin talking about the shooting. The fourth placed Robin and Young at the scene.
A status hearing is scheduled on Nov. 15. The case is set for trial in September 2020.
During a trial July 29, defense counsel renewed a motion for a mistrial after a second witness also brought up the defendant’s prior conviction.
Gary Proctor, 41, was indicted by a Grand Jury in 2016 on charges of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs, on July 27, 2015, on the 1300 block of First Street, SW.
While the victim’s girlfriend was on the stand, she said she met Proctor after his release from prison.
After the woman’s testimony, defense attorney Steven Kiersh renewed his motion for a mistrial, claiming that this was the second witness to mention Proctor’s criminal past which is prejudicial towards the defendant.
Judge Danya Dayson denied the motion because even though there was reference to Proctor being in prison, there was no reference to the nature of the offense Proctor was imprisoned for.
Judge Dayson also said she would instruct the jury to not consider Proctor’s previous stint in prison as evidence in the case.
In response to a murder defendant’s disciplinary issues, a judge granted July 25 defense counsel’s request for a mental competency exam.
Bernard Coleman III, 26, is charged with first-degree murder while armed, burglary, robbery while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior crime of violence for allegedly shooting his father, Bernard Coleman Jr., 43. The shooting occurred on the 4000 block of Cole Boulevard on March 17, 2017.
After deliberating for two days, a jury found a man guilty of two murders.
Devaun Drayton
Terik McLeod was found guilty of second-degree murder while armed for shooting Devaun Drayton, 17, on the 700 block of 26th Street, NE in 2004. McLeod, 33, was also found guilty of first-degree murder while armed with aggravating circumstances for shooting Carlton Fisher, 23, on the 1100 block of 21st Street, NE in 2006. This was the second time McLeod has been tried for the two murders. The first trial resulted in a hung jury after nearly two weeks of jury deliberations.
Carlton Fisher
On July 9, the defense’s witness, a former friend of McLeod, who was present at Drayton’s murder, told the jury he killed the 17 year old over a stolen gun.
The witness said he gave Drayton a gun because he was in a conflict with people from the Trinidad neighborhood in Northeast, DC. Apparently, Drayton was given the gun under the condition that he would return it the next day.
However, Drayton apparently said he lost the gun in a shootout.
The witness said, Drayton broke a “street code” that includes not stealing other people’s belongings. The witness said he was going to sell the gun to McLeod.
Drayton apparently replaced the stolen gun with a .357 Magnum revolver, according to the witness.
According to the prosecution, Drayton was murdered because he stole a gun, lied about it, and didn’t give it back.
A Metropolitan Police Department detective testified that the man who gave Drayton the gun was reluctant to give information to the police. Apparently, the witness told the detective that “Terik” shot Drayton. He also gave the police McLeod’s address.
There was “no doubt in my mind” that McLeod killed Drayton, the witness initially told police.
During closing arguments, the prosecutor told the jury that the witness, who confessed to killing Drayton, was trying to “take the body” for McLeod as retribution for “snitching” on him.
“Taking a body” refers to confessing to a murder that someone else committed in order to boost or repair a damaged reputation.
During the police’s investigation of Drayton’s murder, a detective said Fisher also provided additional information to the 17-year-old’s homicide.
According to the detective, McLeod asked Fisher for .357 caliber bullets days before Drayton’s murder. McLeod also told Fisher that he killed Drayton.
A medical examiner for the Office of the Chief Medical Examiner of the District of Columbia said the bullet that killed Drayton was compatible with a .357 revolver. It is unclear how McLeod came into possession of a .357 revolver.
According to the prosecution, McLeod killed Fisher because he snitched on him.
On the night of Fisher’s murder, there was a block party in Vietnam court, a specific group of buildings on 21st Street, NE. Multiple witnesses said McLeod was seen with another individual, who became a second suspect in Fisher’s murder. The second suspect is now dead.
Fisher had seven gunshot wounds, one in his head and six in his back. The medical examiner, who also performed an autopsy on Drayton’s body, said the gunshot wound on Fisher’s head was in the exact same location as the gunshot wound on Drayton’s head.
DNA testing came back inconclusive on evidence from Fisher’s murder scene.
Firearms evidence also came back inconclusive.
While a firearms expert said the bullets fired were compatible with the murder weapon, he was unable to make a direct link between the bullets and the .357 revolver.
The firearms expert also confirmed that two guns were used in Fisher’s murder. A second gun was not recovered.
McLeod was trying to send a message by killing Fisher. “If you snitch on me, I’m going to kill you on your front porch, with your mother, sister and baby girl inside,” the prosecutor told the jury.
Jury deliberations began on July 24 after more than two weeks of trial.
The Metropolitan Police Department arrested July 27 a man they believe is connected to the death of a man in Southeast, DC.
According to a press release, 22-year-old Delonta Jackson allegedly assaulted 22-year-old Andre Broadie on the 2100 Block of Martin Luther King Jr. Avenue, SE on July 10. Jackson is charged with second-degree murder while armed.
During a preliminary hearing on July 26, a DC Superior Court judge told the prosecution there was probable cause to hold a murder defendant, but the case would fail at trial.
Delonta Daniel, 32, is charged with first-degree murder while armed for allegedly shooting 25 year-old Bernard Jarvis on the 2400 block of 14th Street, NE on June 28. Jarvis, who was a resident of Hyattsville, Md., died on the scene.
Judge Danya Dayson found probable cause to hold Daniel, but said she was “concerned about the level of proof in this case.” Judge Dayson told the prosecution that the defendant would almost certainly be acquitted at trial unless the prosecution brings a much stronger case than the one presented at the preliminary hearing.
Kristin McGough, Daniel’s defense attorney, questioned a Metropolitan Police Department detective about his ability to identify Daniel as the shooter.
The detective said an unnamed witness described the shooter to an officer and the officer believed the description fit Daniel.
When the defense asked how the suspect was described, the detective said he was described as a heavy-set black man with a beard who was wearing a headband. The detective said the witness did not name Daniel as a suspect. The witness also told the officer that the suspect was from a specific family that was not connected to Daniel.
Judge Dayson found probable cause to hold Daniel on the grounds that the officer interacted with Daniel on several occasions in the past.
However, Judge Dayson also said that she did not know the witness’s knowledge in the case. Judge Dayson said the witness identified someone else, and did not know of Daniel.
Judge Dayson also said the officer, who identified Daniel, did so without looking at video recordings of the crime. Apparently, the officer also failed to present the witness with an image of the defendant.
Daniel is scheduled for a felony status conference on Sept. 11.
During a continued detention hearing July 26, a judge decided to delay her decision in order to review the arguments presented.
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 two counts of possession of a firearm during a crime of violence and assault with intent to kill while armed.
Defense attorney, Eugene Ohm, continued arguments for a motion to place Gibson in a halfway house while he awaits trial. The hearing has been ongoing for nine months.
According to court documents, Day-Baker and his brother, had gotten into a physical altercation with Gibson. After the altercation, as the brothers began to walk away, Gibson fired several shots, striking Day-Baker.
Defense counsel cross-examined the lead detective, arguing that Gibson had only killed Day-Baker because he thought Day-Baker was reaching for a knife.
The detective said he did not recall that a knife had been recovered from the crime scene.
The prosecution said that the initial series of shots that Gibson fired, one striking Day-Baker in the back, may have been the result of a crime of passion.
The prosecution argued that the second series of shots that Gibson fired should be a contributing factor as to why he should not be released to a halfway house.
D.C. Witness previously reported that DC Superior Court Judge Danya Dayson denied Gibson’s self defense claim during a preliminary hearing on Sept. 20, 2018.
Judge Dayson said the question was not whether or not Gibson had committed the murder but what his intent was.
“To say this is some sort of a mutual fight is not clearly characterizing it,” the judge said in September. “This seems to be a provocation, though the act is not a reasonable response.”
Judge Dayson said she would make her final decision on Aug. 1.
On July 29, a neighbor of the victim contradicted her son’s statement made in court.
Gary Proctor, 41, is indicted on first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition charges for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs in 2015. The crime occurred on the 1300 block of First Street, SW.
Trial started with the mother of the victim’s children testifying.
She said she and Diggs would buy drugs from the defendant.
She also admitted that her relationship with the victim was abusive. In 2000, the year they first met, she said, “he knocked out my teeth.”
A person who was the victim’s neighbor also testified.
The neighbor, who was 18-years-old at the time, said he was smoking marijuana on the day the victim was killed. He denied hearing any sirens or gun shots.
However, the neighbor’s mother told the jury that her son told her that he heard gunshots and saw the defendant run out of the victim’s house.
After a murder defendant’s first trial ended with a mistrial, a jury convicted him in the second.
Devaun Drayton
A jury found Terik McLeod guilty of second-degree murder while armed for shooting Devaun Drayton, 17, on the 700 block of 26th Street, NE in 2004. McLeod, 33, was also
Carlton Fisher
found guilty of first-degree murder while armed with aggrivating circumstances for shooting Carlton Fisher, 23, on the 1100 block of 21st Street, NE in 2006.
The trial, which began arguments on July 8, lasted for more than two weeks. It took the jury two days to reach a guilty verdict.
During a murder trial, a defendant’s mother’s testimony conflicted with statements she told a Grand Jury in 2015.
Gary Proctor was indicted on several charcges, including first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition for allegedly shooting Jerome “Beanie” Diggs, 47. The crime took place on the 1300 block of First Street, SW in 2015. Proctor, 41, is the victim’s cousin.
When the prosecutor asked the defendant’s mother where she was when the victim was shot, she said she was at a store around the corner from her home.
The prosecutor then showed the witness her grand jury statements from 2015, where the mother said she had been at home sleeping when the crime took place.
Even with the transcript in front of her, Proctor’s mother repeated her prior response, saying she was at the Friendly’s store around the corner.
According to court documents, the homicide could have stemmed from a physical confrontation between Proctor, Diggs and a few other family members weeks before the shooting.
Proctor’s trial is scheduled to resume on July 29.
The Metropolitan Police Department made a fifth arrest July 26 in connections to a homicide that occurred on Jan. 29.
According to a press release, officers arrested 22-year-old Naquel Henderson for his alleged role in the death of 22-year-old Michael Taylor on the 1700 block of Benning Road, NE. Henderson is charged with first-degree murder while armed.
During a murder defendant’s trial on July 25, a witness corroborated the prosecution’s theory that a victim could have called someone on the phone moments after being shot.
Gary Proctor, 41, was indicted by a Grand Jury in 2016 on charges of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs on July 27, 2015, on the 1300 block of First Street, SW.
The prosecution called a former medical examiner with the Chief Medical Examiner’s office of the District of Columbia as an expert witness. The witness was the one who performed an autopsy on Diggs in 2015.
He described the nature of Diggs’ seven bullet wounds as not being instantly fatal or debilitating.
The witness’s testimony corroborated the prosecution’s theory that Diggs could have called someone on the phone after he had been shot.
The witness said that, even with the seven gunshot wounds, Diggs would still have had the ability to crawl to a phone and call someone. The witness said that even though there were seven wounds, only one of them damaged Diggs’ right lung and liver.
As part of the prosecution’s case, Diggs’ daughter also testified about Proctor selling her father drugs on multiple occasions in their house.
The daughter said she witnessed approximately three arguments occur between Diggs and Proctor in the months before Diggs’ death.
The witness described one argument in particular, which occurred at a family cookout a couple weeks before the murder. Apparently, during the cookout, Proctor, Proctor’s father, and another man engaged in a physical altercation with some of the witness’s family members, including her father.
The Metropolitan Police Department is investigating a fatal shooting that occurred on the 300 block of 50th Street, NE.
According to a press release, upon arriving on the crime scene, officers located 37- year-old Francis Savoy, inside of a vehicle, suffering from multiple gunshot wounds on July 26. He showed no signs of life and was pronounced dead.
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 is asked to call the police at 202-727-9099. Anonymous information may also be submitted to the department’s Text Tip Line – 50411.
According to D.C. Witness data, there have been 78 gun-related homicides in the District in 2019.
