Defendant Pleads Guilty to 2010 Homicide

In what was supposed to be a trial readiness hearing June 11, a defendant pleaded guilty to voluntary manslaughter while armed.

Jackie Berry was initially charged with second-degree murder while armed with a knife, possession of a prohibited weapon and carrying a dangerous weapon outside a home or business for allegedly stabbing 38 year-old Michael McKoy on the 1600 block of V Street, SE in 2010. According to court documents, Berry’s DNA was found on a condom in McKoy’s apartment.

Under the plea agreement, the prosecution would request that Berry receive a sentence of 10 years in prison with five years of supervised release. Berry’s other charges would be dropped.

DC Superior Court Judge Craig Iscoe accepted Berry’s guilty plea based on a proffer of facts provided by the prosecution.

The sentencing is scheduled on Sept. 6.

Case Dismissed: Judge Pushes Back Deadline for Murder Indictment

Editor’s note: The case against Kenneil Cole was dismissed on Feb. 1, 2023.

In the case of a man who was once commended for his rise from homelessness, a DC Superior Court Judge granted the defense’s request to postpone the murder defendant’s grand jury hearing.

Kenneil Cole is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting his roommate, Keon Delonte Wallace, on the 2400 block of Skyland Place, SE. Cole, 24, who turned himself into the police, said he shot his roommate in self-defense after Wallace, 24, pulled a semi-automatic rifle on him.

During a status hearing June 11, defense attorney, James King, requested additional time in order to review all of the evidence in the case. He said he was still waiting on evidence from the prosecution and planned to file a motion for the items. King said he also needed time to determine if the defense would conduct independent DNA testing.

Judge Craig Iscoe granted the defense’s request for a 90-day continuance.

In April, the judge also resolved an issue with Cole’s difficulty to attend court proceedings by moving him from Rappahannock Regional Jail in Stafford, Virginia to DC Jail.

Judge Iscoe initiated the move after he acknowledged that Cole’s failure to appear in court was due to the distance between the Virginia jail, where Cole was being held for an undisclosed reason, and DC Courts.

D.C. Witness reported that King has been trying to get Judge Iscoe to move Cole since January. Judge Iscoe denied an earlier request to move Cole in light of attorney-client privilege. Apparently, the Virginia facility didn’t allow King to see Cole. Instead, an order was issued to permit individuals from the Public Defender Service to visit Cole

A status hearing is scheduled on Sept. 6.

Defense Wants to Question Witness More

During a murder defendant’s felony status conference June 10, defense counsel requested to question a detective more to obtain evidence for the case.

Jerome Myles, 20, is charged with second-degree murder while armed for allegedly shooting 19-year-old Antonio Dixon. The shooting occurred on Oct. 20, 2018, on the 900 block of 5th Street, SE.

Prior to the hearing, the defense submitted a motion to cross-examine a detective further. The defense attorneys said they wanted to question the detective about a gun photo found on a witness’s phone.

The prosecutor said she had not had an opportunity to read the motion and opposed it temporarily, saying she would submit a more detailed response in writing. The prosecutor has until June 24 to submit her response.

If DC Superior Court Judge Todd Edelman grants the motion, the defense would question the detective at the next felony status conference on July 10.

According to the Office of the Chief Medical Examiner of the District of Columbia, Dixon’s death resulted from multiple gunshot wounds, which appeared to be from the same projectile that travelled through the hand and into the chest.

Counsel Argues Over Admissibility of Expert’s Testimony

During a motions hearing on June 10, a defense attorney for a murder defendant argued that testimony from an firearms expert needs to be highly restricted in court.

Marquette Tibbs, 27, is charged with first-degree murder while armed and two gun-related charges for his alleged role in the shooting of 37-year-old Orlando Silver III . The shooting occurred on the 1300 block of Howard Road, SE in 2016.

Tibbs’ defense attorney, Jessica Robbins, said that in order to prevent a jury from being misled by “certainty statements,” or wording that would indicate that bullet casings came from a “particular gun,” the expert’s testimony should be restricted.

According to Robbins, “certainty statements” were problematic because they would make the jury believe that bullet casings found on the scene are definitively from the gun in question.

Robbins also requested that the jury receive an instruction about the error rate that occurs when matches between bullet casings and guns are made. She said the error rate could be as high as 35 percent.

However, the prosecution said studies have shown that highly trained firearms examiners could properly identify bullet casings without making any errors. The prosecution said the method of matching casings to guns should not be excluded from court or considered invalid because of the extremely high success rate.

The prosecution also said the expert should be allowed to testify in court. However, the prosecution agreed that the expert should not be able to offer an opinion.

DC Superior Court Judge Todd Edelman said he needed time to think about the arguments that were made. He said he would rule on the motion on July 12. He also scheduled another motions hearing on July 2, where counsel is expected to discuss an issue with the evidence in the case.

Judge Pushes Preliminary Hearing Back for Vehicular Homicide Case

A preliminary hearing was rescheduled from June 10 to June 25 to continue negotiations for a plea offer.

Tyler Hurley is charged with second-degree murder for his alleged involvement in a vehicular crash that resulted in the death of Kunal Talwar in December of 2018. Hurley, 21, was allegedly intoxicated when he ran a red light at the corner of 19th Street and Constitution Avenue, NW.

After the hearing date was changed, the prosecution said it would need more time to make a plea offer.

DC Superior Court Judge Craig Iscoe also modified Hurley’s High Intensity Supervision Program (HISP) conditions, allowing him to remove his ankle monitor so he could go to the beach for a family vacation.

Judge Iscoe said his decision was based on the prosecution’s investigation and the presence of Hurley’s family in court.

Defense counsel, Bernard Grimm, requested to remove Hurley’s ankle monitor because sand would disrupt the tracking system.

Julia Guercio contributed to this article.

Trial Date Set for Two Men Charged in Fatal Shooting

During a status hearing June 10, a DC Superior Court judge set a trial date for co-defendants in a murder case.

Jerrell Powell and Jeremiah Jordan are charged with first-degree murder while armed for the alleged shooting of 30-year-old Antoine Danell McCullough on the 3500 block 18th Street, SE in 2016. Jordan, 26, is also charged with unlawful possession of a firearm. According to DC Courts, Powell, 21, is currently awaiting a mental health exam at St. Elizabeth’s Hospital.

After a closed discussion with counsel at the bench, Judge Dayna A. Dayson set a trial date for the co-defendants on May 18, 2020.

According to court documents, McCullough was shot in the chest two times after an alleged dispute with Jordan. Apparently, Jordan supplied Powell with a gun and advised him to kill McCullough.

A status hearing is scheduled on Oct. 3.

Regina Woolridge contributed to this article.

Prosecutor ‘Confident’ He Will Secure Indictment

A prosecutor in a murder case said he would secure an indictment in July.

Dazmine Anderson was charged with second-degree murder while armed for allegedly stabbing 30-year-old Jean-Claude Jackson on the 1300 block of Good Hope Road in Southeast DC on Oct. 7. Anderson, 16, is being charged as an adult.

During a felony status conference June 17, the prosecution told DC Superior Court Judge Milton C. Lee that he is “confident” that crime scene reports and “inconsistencies” between witness statements would get an indictment by July 10, which is within the prosecution’s 9-month deadline.

Judge Lee also denied a request from Anderson’s defense attorney, Rachel Cicurel, for the defendant’s release. Judge Lee said the prosecution must have adequate time to prepare a counter-argument.

An arraignment hearing is scheduled on July 12.

After Long Wait, DNA Testing Finally Happening, Defense Says

During a June 7 status hearing, the defense for a murder defendant announced that DNA testing is finally being conducted for a case after a long period of waiting.

Ronald Randolph, Jr. is charged with first-degree murder while armed for allegedly shooting his girlfriend, 32-year-old Shameka Delephine Jones. The shooting took place on July 25, 2017, on the 2200 block of Savannah Terrace, SE. According to court documents, officers from the Metropolitan Police Department found Jones lying on the bed, suffering from a gunshot wound to the face. Randolph, 41, told the officers that he shot her.

DC Superior Court Judge Todd Edelman rescheduled a status hearing from March 1 to July 12 per the defense’s request. The new date would allow the defense to have enough time for DNA testing.

According to Randolph’s defense attorney, Madalyn Harvey, the DNA testing is still ongoing but is expected to be completed within the next couple weeks. Harvey said the delay should not effect the Dec. 2 trial date.

A trial readiness hearing is scheduled on Nov. 15.

Knives Will Not Be Submitted as Evidence for Trial, Prosecution Says

The prosecution told a DC Superior Court judge June 7 that, during trial, their argument will not include two items that were submitted into evidence.

Edward Brown was charged with first-degree murder while armed for the alleged stabbing of Michael Mahoney, a 71-year-old man, on the 2300 block of 11th Street NW on Feb. 5, 2018.

During the status hearing, the prosecution told Judge Milton Lee that, based on the results of three rounds of DNA testing, the prosecution would not be using two knives that were in the evidence package.

In response, the defense told the judge that independent DNA testing would not be conducted.

The defense also rejected two plea offers from the prosecution. The pleas were offerred before Brown was indicted on the murder charge by a grand jury. The prosecution didn’t mention if another agreement would be offered.

A trial readiness hearing is scheduled on Sept. 12. The trial is set to begin on Sept. 30.

Monthly Recap: Homicide Count Declines

Throughout the month of May, DC saw a 47 percent decrease in homicides from April. The decrease reflects a return to the dip in homicides that first occurred in February.

There were nine homicides in May. According to D.C. Witness data, only two suspects have been arrested as of July 16.

As previously reported, eight of the homicides were gun-related, and one was a stabbing. They occurred in only three wards: 5, 7, and 8. The last homicide was a vehicular homicide.

On May 1, 23-year-old Dajuan Donald Hart was found shot on the 3300 Block of D Street, SE. He died on the scene. There was a second adult male suffering from a non-life threatening gunshot wound.

Four days later, police found 18-year-old Saoun Coplins on May 5 on the 3000 Block of Stanton Road, SE. He was transported to a local hospital with a gunshot wound and later pronounced dead.

Later that week, on May 9, 28-year-old Mark Milline Jr. died in the hospital after being shot multiple times on the 800 block of Xenia Street, NE.

On May 17, 37-year-old Molly Walters was struck and killed making a left turn at the intersection of South Capitol Street and Firth Sterling Avenue, SE.

Two days later, emergency responders found 25-year-old Jonathan Hernandez on May 19 suffering from multiple gunshot wounds, as well as another adult male with non-life threatening injuries, on the 100 block of T Street, NE. Hernandez was pronounced dead at a local hospital.

On May 23, 33-year-old Pierre Mercer was found dead with multiple gunshot wounds on the 2300 block of Shannon Place, SE, after police responded to reports of a shooting.

The youngest victim, 15-year-old Maurice Scott, was pronounced dead on May 26 in the hospital after being found shot on the 3500 block of Wheeler Road, SE. Three women also arrived at the hospital with non-life threatening wounds connected to the shooting.

On the same day, 44-year-old Michael Hooker was stabbed to death on the 2700 block of Martin Luther King, Jr. Avenue, SE. A suspect, 25-year-old Travis Russell, was arrested in June and is awaiting a preliminary hearing that is scheduled on Aug. 14.

According to D.C. Witness data, Russell was previously convicted of sexual abuse, unlawful possession of a firearm and other drug charges.

William Boykin, 36, was shot and killed two days later, on May 28, on the 2600 block of Birney Place, SE. A second victim was treated for non-life threatening wounds. A week later, 28-year-old Herman Sylvester Williams was arrested in connection to the case. His case has not been presented to a Grand Jury. Williams is scheduled for a felony status conference on Sept. 20.

The final victim in May was 34-year-old Eric Marshall, who was shot on the 4600 block of Reed Terrace, SE on May 29. No arrests have been made in the case.

Document: Police Arrest 1 Suspect Connected to April Homicide, Search Continues for 2nd Suspect

The Metropolitan Police Department apprehended June 6 one of the suspects connected to a murder after more than a month-long search.

Police arrested and charged 18-year-old Jada Jena Smith with first-degree felony murder in connection to the stabbing of 40-year-old Jamal Ferrell on the 700 block of 14th Street, SE on April 28. Smith is also charged with armed robbery.

Police are requesting the public’s assistance in locating 18-year-old Xavier Dontrell Culbreth. He is wanted on a DC Superior Court arrest warrant for first-degree murder while armed.

Culbreth is described as being a black male who is 5’7″ tall, 145 pounds, has brown eyes, dreadlocks and a dark complexion.

A reward of up to $25,000 is being offered for information that leads to an arrest and conviction of the person or persons responsible for any homicide committed in the District of Columbia. Anyone with information should call the police at 202-727-9099. Anonymous information may also be submitted to the department’s Test Tip Line — 50411.

Judge Orders DNA Test of Firearm in 1990 Case

During a post disposition hearing June 5, a DC Superior Court judge ordered the Department of Forensic Sciences (DFS) to test a firearm from a 1990 murder case.

Wallace Mitchell was convicted in 1991 of first-degree murder, felony murder while armed, armed burglary, assault with the intent to kill while armed, two counts of first-degree murder while armed and possession of firearm during a violent offense for shooting Randy Nelson.

Judge Milton C. Lee ordered the test after the department’s representative voiced concerns about DFS’ accreditation and the way the evidence was handled and processed over the last 28 years.

“We haven’t been involved with this case and don’t want to be involved,” the DFS representative told Judge Lee.

The DFS representative said the department is concerned that its accreditation may be threatened since it does not represent individuals, defendants or defense attorneys. However, Judge Lee said the order came from the prosecution.

According to DC Courts, the case was continued on May 22 to give the prosecution time to find a lab to test DNA. The motion was originally filed by the defense in January of 2019.

The DFS representative said the department was also concerned with the amount of time that has passed since the convict’s trial, which could have caused problems in the way the shotgun was handled and preserved. According to Justia, a website that provides legal resources to the public, Mitchell had a shotgun and two pistols in his trunk.

D.C. Witness was unable to verify the information found on Justia. The public information officer for the U.S Attorney’s Office for the District of Columbia (USAO) couldn’t give D.C Witness details on the case to protect the victim’s rights. The USAO representative said the agency does not have documents on the case available for public consumption.

Even though other labs could have conducted the testing, Judge Lee said he specifically requested DFS test the firearm for a “particular reason.” Judge Lee also allowed defense counsel, Veronice Holt, to be present while the evidence was being tested.

Another hearing is scheduled on June 20 to discuss the forensic results.

Defendant Pleads Not Guilty to 2018 Murder

During a felony arraignment June 6, a murder defendant pleaded not guilty to all charges stemming from a homicide in 2018.

Timothy Gibson, 28, is charged with first-degree murder while armed, two counts of possession of a firearm during a violent crime, assault with the intent to kill while armed and first-degree burglary. He allegedly shot 28-year-old Carl Day-Baker on the 1500 block of T Street, SE.

During the hearing, Gibson rejected a plea offer. According to the terms of the offer, if he pleaded guilty to second-degree murder while armed, the prosecution would drop all other charges. Under the plea agreement, Gibson could have been sentenced to 18 years in prison.

According to the Voluntary Sentencing Guidelines of the District of Columbia, Gibson could likely receive a sentence between 30-60 years in prison.

Defense counsel, Eugene Ohm, also told the judge that he was under the impression that Gibson would be released to the high intensity supervision program (HISP) after a work release was issued by DC Superior Court Judge Dayna A. Dayson. The order would permit Gibson to be detained at a halfway house.

However, Gibson is not allowed to go to a halfway house because of a Department of Correction’s (DOC) policy prohibiting violent offenders from residing in the houses.

Even though Judge Dayson issued several work release orders for the defendant, she is unsure if she can overrule the DOC. Judge Dayson requested that defense counsel provide her with a statute that gives her the authority to order Gibson’s placement into a halfway house.

In November of 2018, the prosecution requested that the defendant remain detained until trial.

“A grand jury indicted [Gibson] with the most serious crime one can be indicted with in this courthouse,” the prosecutor told the judge. “Based on those changed circumstances [Gibson] is a danger to the community.”

According to court documents, a witness saw Day-Baker pull Gibson out of a car and punch him. The witness said Day-Baker and his brother jumped the defendant, slamming him to the ground “as if he were a pretzel,” to end the altercation.

The witness said Gibson then pulled out a weapon and fired multiple shots at the decedent and his brother. Day-Baker was shot twice.

A status hearing is scheduled on June 14.

Brooke Welsh and Julia Guercio contributed to this article.

Judge Sets Deadline to Test Evidence in Murder Case

On June 6, D.C. Superior Court judge set a deadline for the prosecution to test and transfer evidence in a murder case.

Robert E. Green, 28, is charged with first-degree murder while armed for allegedly shooting Andre Junior, 43, on the 1500 block of Park Road, NW on March 15, 2018. Green, who is also known as “Tony E. Gray,” has additional charges, including possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction.

Judge Dayna A. Dayson ordered the prosecution to complete DNA testing by June 20. She told the prosecution to notify the court if they would need additional testing. The defense has decided to independently test the evidence as well.

During the hearing, Eugene Ohm, Green’s defense attorney, said he will not be trying Green’s case. However, DC Courts does not show a motion to change counsel.

A status hearing was rescheduled from June 20 to July 19.

Document: Police Investigate 2nd Homicide in June

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 3500 block of 22nd Street, SE.

According to a press release, the officers found 39-year-old Bruce Gilmore suffering from multiple gunshot wounds. He was pronounced dead at a local hospital.

In addition to Gilmore, a juvenile male was also treated at the same hospital for a non-life threatening gunshot wound.

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