Judge Denies Murder Defendants Request for Release Despite COVID-19 Concerns

A DC Superior judge denied a murder defendant’s request for release because of the COVID-19 pandemic.

Herman Sylvester Williams, 28, is charged with second-degree murder while armed for his alleged involvement in the shooting of 36 year-old William Boykin on the 2600 block of Birney Place, SE on May 28.

On March 31, Williams’ attorney, Ieshaah Murphy, filed a motion to release Williams due to concerns over the coronavirus.

DC Superior Court Judge Neal Kravitz denied the motion.

Williams is scheduled for a status hearing on June 16.

DC Court of Appeals Cancels July DC Bar Exam

In the wake of the COVID-19 pandemic the DC Court of Appeals has decided to cancel its July DC Bar Exam.

According to the DC Courts website, Chief Judge Anna Blackburne-Rigsby of the DC Court of Appeals announcedApril 10 that the Court will not administer the July 2020 DC Bar Exam due to the ongoing public health emergency arising from the COVID-19 pandemic.

“While we are making this decision several months in advance, we believe it necessary given the uncertainty that we currently face, including no firm date on which public gatherings – such as taking an exam – will be allowed. We do not make this decision lightly, understanding the impact it has on hundreds of recent law graduates and others seeking admission to the DC Bar,” she said just after the Court issued the order.

The DC Court of Appeals will make a decision on a Fall exam by early May and is considering expanding the rules to allow recent law school graduates to practice law in DC on a temporary basis.

“The Court understands that recent law school graduates are anxious to be certified to practice law as soon as possible, but we must balance that with public safety and our obligation to protect the public by ensuring that persons licensed to practice law in the District are competent and possess the requisite character and fitness,” the Chief Judge continued. “In the next few weeks, we will not only evaluate whether a fall exam will be possible, but we will also explore options that would allow law school graduates seeking bar admission in D.C. to practice here on a temporary basis should the pandemic adversely affect our regular admissions process for an extended period.”

For more information, please check the Committee on Admissions webpage, which will be updated no later than May 4, 2020, with further details.

Judge Denies Murder Defendant’s Release Request to Prevent COVID-19 Contraction

A DC Superior Court judge denied a murder defendant’s request for release, which was filed in order to prevent his contraction of COVID-19.

Javon Gunter, 18, is charged with first-degree murder while armed for allegedly shooting 15-year-old Thomas Johnson on Oct. 9, 2019, on the 1300 Block of Half Street, SW.

Judge Neal Kravitz denied Gunter’s release after asking the prosecution to file a response to the defenses motion on April 9.

Gunter was released to a halfway house on Jan. 4. However, on Feb. 14 DC Superior Court Judge Danya Dayson reversed the decision after the prosecution made the argument that the killing of Johnson was a, “targeted assassination.”

DC Jail COVID-19 Cases Reduce Despite More Positive Results

As of April 10, six more inmates at the DC Department of Corrections (DC DOC) tested positive for COVID-19.

The DC DOC reported that there are now 39 inmates in custody who have tested positive for the coronavirus. Eight inmates have recovered from their illnesses and were released back into the general population.

The inmates who recently tested positive are male. Four of the six inmates are in their 30s, one is in his mid-forties and another inmate is 50 years old.

Five of the inmates, who recently contracted the virus, were being quarantined at the Correctional Treatment Facility after they had been in close proximity to an individual who tested positive, a press release from the DC DOC said. The other inmate was being quarantined in the Central Detention Facility as a precautionary measure for new inmates.

The number of inmates who have the virus is two less than the 41 confirmed cases the DC DOC reported on April 9. According to a press release, the 39 inmates are in isolation.

The DC DOC’s medical division is working with the the DC Department of Health to trace any contact the individuals may have had.

Several Business Violate Mayor’s Orders during COVID-19 Pandemic

The Metropolitan Police Department reports that there have been 20 violations of Mayor Muriel Bowser’s orders during the coronavirus pandemic.

To minimize the number of individuals who contract the virus, the mayoral administration has enacted several orders that prevent mass gatherings of more than 10 people, require eating establishments to stop dine-in service and the close all non-essential businesses until April 24, according the District’s site on it’s reponse to the COVID-19 virus.

Even though the orders on large gatherings have changed since being enacted in mid-March, businesses continue to violate them.

According to documents obtained from the MPD, businesses in all four quadrants of the city have received violations since from mid-March to April 4 for not abiding by the mayor’s orders during the pandemic.

Documents show that 16 business located in Northwest, DC have violated orders by serving patrons inside dining establishments, holding large gatherings, violating the 10pm business curfew and disregarding the order for the closure of non-essential businesses.

Three of those businesses, including a retail company and two eating establishments have received multiple violations.

As of April 8, the mayor issued another order that implements social distancing protocols at retail food sellers, such as grocery stores, convenience stores, food banks and food halls.

The order does not apply to restaurants or other facilities that prepare food for delivery carry out or grab and go. However establishments must maintain social distancing protocols with markers outside and/or within the locations. The order does not apply to schools or senior centers that provide free food to students or the public.

Farmers markets and fish markets no longer qualify as essential businesses.

Read more information about the coronavirus in the District, here

Judge Reduces Inmate’s Sentence

A DC Department of Corrections inmate received a reduced sentence April 10, which resulted in his release from confinement.

On April 8, DC Superior Judge Juliet MCKenna e-signed documents granting the defense’s motion to reduce David Brown’s sentence. The defense filed the motion on March 14. Brown’s defense attorney, Susan Ellis, filed a motion to reduce his sentence.

Brown, 59, pleaded guilty to attempted second-degree theft and simple assault on June 28, 2019.

Brown’s sentence was reduced to a 45 days with credit for time served. He was placed on supervised probation for 18 months.

Brown must pay $100 to the Victims of Violent Crime Compensation Act by April 8, 2021.

On April 9, Brown was sentenced to a 180 days or about 6 months for each charge. The sentences were scheduled to run concurrently.

Document: Fatal Shooting in Benning Ridge

The Metropolitan Police Department is investigating a fatal shooting on the 1200 Block of 44^th Place, SE.

According to a press release, 19-year-old Taejuan King was located April 9 suffering from a gunshot wound. He was pronounced dead at a local hospital.

The department is offering up to $25,000 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 be submitted to the department’s TEXT TIP LINE — 50411.

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Judge Denies Inmate’s Motion for Release during COVID-19 Pandemic

On April 10, DC Superior Court Judge Neal Kravitz denied an inmate’s motion for release, which was filed in the wake of the COVID-19 outbreak.

Vincente Tillman, pleaded guilty on March 10 to unlawful possession of a firearm and unauthorized use of a vehicle.

According to the motion, Tillman is requesting release because he suffers from asthma, which puts him at a high risk to contract the virus that attacks the respiratory system.

A ruling on Tillman’s motion for release was continued from April 8 so the defense could gather Tillman’s medical records for additional support for his motion.

According to court documents, on June 18, 2019, Tillman drove a 2008 white Mercedes without the owner’s consent. He was also arrested in December of 2019 after officers received information that several individuals were in possession of several firearms inside the hallway of an apartment building located on the 200 block of V Street, NW.

When officers arrived at the location, they noticed a group of individuals in the hallway. The individuals ran after seeing the police, documents state.

When officers followed, one noticed several individuals trying to access an apartment that was located on the second floor of the building. After further investigation, officers discovered that five individuals entered the apartment unbeknownst to the unit’s leaseholder.

Four of the five individuals were located in a room where officers located several firearms.

Police recovered an AR-semi-automatic pistol, two black .40 caliber Glock 23 pistols, and one black and silver Ruger pistol with a slide laster. All four guns had ammunition in the chamber and magazine, according to court documents.

The information that the officers received identified two people in possession of firearms. The identifications matched Tillman and another suspect in the room at the time of arrest.

DC Jail Coronavirus Cases Increase

The DC Department of Corrections (DC DOC) reported that the number of Coronavirus cases increased to 41.

According to a press release from the department, four resident in the facility tested positive for the virus. The residents include one female, who is in her early 30s, and three men who are in their late forties and mid-fifties.

At the time the inmates tested positive, they were in quarantine at the Correctional Treatment Facility. The inmates were apparently in close proximity to another inmate that tested positive, the release said. The inmates are now in isolation and being monitored by medical staff.

The District’s site on the coronavirus shows that, as of April 9, there are 230 inmates in quarantine at the DC DOC. The number did not change from the amount of inmates quarantined on April 8.

The release said that eight inmates have recovered from the virus.

Eleven DC DOC personnel have tested positive for the virus as of April 9, according to the District’s site. Fourteen staff members have been cleared to return to work.

DC Police Modify Access to Headquarters

As of April 9, the Metropolitan Police Department (MPD) has modified operations at its headquarters.

According to a press release, access to the MPD Headquarters building will be restricted to employees and members of the public with confirmed appointments. Restricted access went into effect immediately.

Members of the public should not show up, in-person, to MPD Headquarters to schedule an appointment. Instead, residents should refer to the options listed in the table.

What do I need?	Who do I call to make an appointment?
Obtain an Incident/ Offense/Traffic Report	Contact MPD’s Records Branch: Email: records.adminbox@dc.gov For appointments call: (202) 671-6705.
Obtain a Criminal History Report	Contact MPD’s Records Branch: Email: records.adminbox@dc.gov For appointments call: (202) 671-6705
Register a Firearm	Contact MPD’s Firearm Registration Branch: Email: gru.adminbox@dc.gov For appointments call: (202) 671-6705
Fingerprint Services	Contact MPD’s Civilian Fingerprint Section: Email: gru.adminbox@dc.gov For appointments call: (202) 671-6705

MPD requests that members of the public not schedule appointments or arrive to the facility should they be exhibiting flu-like or COVID-19 symptoms. People who are awaiting test results by medical staff for COVID-19 should also refrain from scheduling appointments or going to the facility.

All individuals who enter MPD Headquarters must submit to and pass a general health screening and temperature check.

For the latest information on DC’s response to COVID-19, please visit coronavirus.dc.gov.

DC Superior Court Motions for Release

In the wake of COVID-19, several inmates have filed motions for release.

According to Leah Gurowitz, director of media and public relations at DC Superior Court and DC Court of Appeals, judges are handling the requests as they come in. She said some motions for release can be decided the day of while others need to schedule hearings.

On April 9, 12 cases were heard by judges at DC Superior Court. Some cases were heard via telecommunications while others were held in person.

Four inmates’ request for release was denied.

Devin Hill is charged with first-degree murder while armed and assault with a dangerous weapon for his involvement in the death of 28 year-old Michael Cunningham on Nov. 29.

Hill’s attorney Roderick Thompson, filed the motion for his release because Hill has a medical conditions that could increase his chances to contract COVID-19.

DC Superior Court Judge Neal Kravitz, who presided over the hearing via phone, continued Hill’s hearing until April 17.

Lionel Garrison was the only defendant to have his charges dropped on April 9.

Seven defendants had their hearings continued until April 10. Three of these inmates were charged with felonies.

Javon Gunter 18, is charged with first-degree murder while armed for allegedly shooting 15-year-old Thomas Johnson on Oct. 9, 2019, on the 1300 Block of Half Street, SW.

After initially being released to a halfway house on Jan. 4, the decision to release Gunter was reversed on Feb. 14.

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, 2019.

Travis’ defense attorney Mani Golzari made attempts to find Travis suitable housing pending the acceptance of the motion to release. However, since he could not find housing the hearing was continued until April 10.

No bench warrants were issued during proceedings.

As of April 9, DC Superior Court is operating through four courtrooms for adult arraignments and presentments, family court emergencies, neglect and juvenile hearings, criminal and domestic violence emergencies and civil, probate and tax emergencies, according to the DC Courts site. Most of the hearings are being conducted remotely.

D.C. Witness Shifts Gears

Dear readers,

We are in strange times that demand exceptional measures.

To that end, until the DC criminal justice system picks up normal activity again, or something approaching normality, D.C. Witness is going to change its approach to fulfilling its mission of bringing transparency to the justice system.

For as long as this lasts, D.C. Witness will also provide daily and weekly updates of what is happening across the entire DC criminal justice system.

We will do this by reporting on the number of individuals in DC Jail who have contracted the virus, the number of arrests, daily proceedings that are happening in Superior Court, the state of DC jail, new criminal justice policies and COVID19-related news.

We will also continue to track and report on homicides in the city.

Please let us know if there are other issues you, the reader, feel we should cover and we will endeavor to do so.

Please share your ideas with us at info@dcwitness.org.

Yours,

Amos Gelb – publisher

LaTrina Antoine – editor-in-chief.

Federal Judge Appointees to Inspect DC Jail Facilities

A federal court judge appointed two individuals April 9 to inspect the DC Department of Corrections (DC DOC) jail facilities.

Judge Colleen Kollar-Kotelly appointed Grace M. Lopes and Mark Jordan, as independent advisors to inspect the facilities. According to DC Courts, Lopes is a court-appointed arbiter in the juvenile justice system. D.C. Witness could not immediately verify information on Jordan.

According to a consent order that was signed by Judge Kollar-Kotelly, Lopes and Jordan will enter the Correctional Treatment Facility (CTF) and the Central Detention Facility (CDF), unannounced, with equipment, including cell phones, cameras and writing tools, to assess the facilities’ state during the pandemic. The two inspectors will be allowed to speak with both inmates and staff members.

During the inspection the appointees are tasked with answering several medical and health and hygiene questions, including whether residents are tested for COVID-19; receive adequate and timely medical attention when displaying COVID-19 symptoms and isolated. The inspectors will also assess if new inmates are quarantined for two-weeks.

As of April 8, the DC government is reporting that there are 37 inmates who have tested positive for COVID-19. Those inmates have been isolated.

Data also shows that 230 inmates are being quarantined as a result of COVID-19.

The appointments are in response to a class-action lawsuit. The defendants in the lawsuit are Quincy Booth, director of the DC DOC, and Lennard Johnson, warden at DC DOC. The plaintiffs are Edward Banks, Keon Jackson, D’Angelo Phillips and Eric Smith. All four men are being held in custody at the DC DOC.

According to the plaintiffs, the DC DOC has violated their, and other inmates’, constitutional rights. On March 30 the plaintiffs in the case filed a temporary restraining order and a motion for preliminary injunction, saying COVID-19 poses a threat to the inmates being held in the CDF and CTF.

“With over 1600 vulnerable residents in its care and months to prepare for this coming catastrophe, the Department of Corrections has proven that it will not, and cannot, ensure the reasonable health and safety of its residents,” the motion said.

According to the DC DOC website, several procedures have been put into place to ensure inmate and staff health and safety during the pandemic, including prioritized medical visits, a two week quarantine for new inmates, weekly bars of soap for inmates and hand sanitizer for staff. The full plan can be seen on the department’s website.

“My point is not to credit one side’s claims or the other’s, but I need to have answers, facts, and someone who actually goes in and looks,” Judge Kollar-Kotelly said during a motion hearing on April 7.

DC’s Criminal Justice System’s Response to COVID-19

The DC Department of Correction’s (DC DOC) response to the coronavirus has sparked numerous questions about what the department is doing to keep workers and inmates healthy.

As of April 8, COVID-19 cases continued to grow in Washington, DC, reaching 1440 confirmed positive cases, according to a website on the virus by the government of the District of Columbia.

On April 7, the Washington Post reported that a DC Federal judge ordered an inspection of DC Jail facilities by an independent evaluator. The order came after the ACLU and the Public Defender’s Service filed a class action lawsuit March 30 against the department for the facility’s failure to protect incarcerated individuals from the COVID-19 pandemic.

According to the lawsuit, the DC DOC fragrantly disregarded “basic public health measures to limit the spread and severity of a COVID-19 outbreak inside the D.C. Jail.” The lawsuit alleges the DC DOC is:

delaying medical attention for inmates showing symptoms;
failing to screen new detainees, staff, lawyers and others entering the jail;
failing to provide soap pr hand sanitizer for inmates to clean their hands;
withholding adequate cleaning supplies, including gloves, masks, and other necessary equipment to facilitate thorough cleaning of the facilities;
failing to quarantine 65 individuals who had contact with a deputy U.S. Marshal who tested positive;
failing to equip staff and jail inmates with sufficient gloves and masks to use when preparing and serving food;
continuing to hold group therapy meetings that did not allow inmates to practice Centers for Disease Control (CDC) recommendations for social distancing

The federal judge said she is still deciding on whether to release prisoners after the number of positive cases increased from five to 28, the Post reported.

According to DC DOC’s site, the department has put in place a plan to limit the spread of the virus throughout its facilities.

The plan includes following a guidance released by the DC Department of Health and the CDC. DC DOC says it has taken steps, including providing inmates with up to two bars of soap each week and weekly clothing exchanges for inmates.

All new inmates to the facilities are screened for the virus and quarantined for 14 days. According to the site, if a resident tests positive they are given a mask and sent to a medical professional for evaluation.

Inmates, especially those with medical conditions, are closely monitored and receive prioritized medical visits, according to the site.

DC DOC also states that staff members have access to hand sanitizers because they do not have the same “immediate” access to soap and water like the inmates.

Staff who are working in the isolation and quarantine units, transportation unit, along with staff who perform medical or escort details and medical staff responding to positive COVID-19 screens are supplied with personal protective equipment that include N-95 respirators, according to the DC DOC site.

A medical stay in place was implemented on April 4 at the facilities.

Under the stay in place, inmates are largely restricted to their cells. There is still a recreation schedule, but inmates are limited to being out in groups of five to allow for social distancing.

Inmates are granted 30 minutes per day out of their cell to shower, use the phone and get their cells wiped down, according to the site. All visits with attorneys were stopped unless the inmate is in trial.

The full list of DC DOC’s response to the pandemic can be found here.

DC Superior Court

As of April 8, DC Superior Court is operating through four courtrooms for adult arraignments and presentments, family court emergencies, neglect and juvenile hearings, criminal and domestic violence emergencies and civil, probate and tax emergencies, according to the DC Courts site. Most of the hearings are being conducted remotely.

In the wake of COVID-19, several inmates have filed motions for release.

On April 8, 26 cases were heard by judges at DC Superior Court. Some cases were heard via telecommunications while others were held in person.

Six inmates were released.

Michael Taylor, who was booked as a fugitive from justice, was not held specifically because of COVID-19 per the DC Courts docket. All of those who were released were given conditions they are expected to follow. Those conditions were placed under seal.

Four inmates, who were charged with felony crimes, were denied release. According to DC Courts, one inmate is charged with assault with a deadly weapon and another inmate is charged with carrying a pistol outside of a home or business. The other two inmates are being held on drug-related charges.

A ruling on Vincente Tillman’s motion for release was delayed until April 10 when DC Superior Court Judge Neal Kravitz said he would make a determination. On March 10, Tillman pleaded guilty to unlawful possession of a firearm and unauthorized use of a vehicle. He is currently awaiting sentencing, which is scheduled to occur on May 24.

Charges were dropped for seven defendants who were classified as fugitives from justice.

Four defendants did not show up nor did they call in to their hearings. Bench warrants were issued for their arrests.

In a press release, the U.S. Attorneys Office of the District of Columbia opposed the release of violent offenders. “This pandemic should not be used as a basis to release violent criminals onto the streets of Washington,” U.S. Attorney Timothy J. Shea said in the April 4 release. “Now more than ever, as law enforcement authorities are being stretched thin due to the impact of COVID-19, the rule of law must be maintained.”

There are no oral arguments through May 31 for the DC Court of Appeals (CoA). However the CoA will handle emergency matters, according to the DC Courts site.

Follow D.C. Witness for updates to the criminal justice system’s reponse to the COVID-19 pandemic.

Document: Homicide in Fort Davis Park

The Metropolitan Police Department is investigating a fatal shooting that occurred on April 7.

Officers responded to the 3900 block of Alabama Avenue, SE, after hearing sounds of gunshots, according to a press release. Shortly after, members of the Prince Georges County Police Department were dispatched to the 3900 block of Suitland Road, Suitland, MD, for the report of a shooting. When officers arrived, they located 21 year-old Brea Moon inside of a vehicle, suffering from a gunshot wound.

PG Fire and Emergency Medical Services transported the her to a local hospital where she was pronounced dead.

Further investigation revealed the shooting occurred in the 3900 block of Alabama Avenue, Southeast.

The 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.

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