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Document: Potomac River Rapist Arrested, Also Charged with Murder

During a news conference Nov. 14, Metropolitan Police Chief Peter Newsham announced that, with the help of the Montgomery County Police Department, the Federal Bureau of Investigation, the United States Attorney’s Office and the US Marshals Service, a suspect wanted in connection to several sexual assaults and a murder had been arrested.

Sixty-year-old Giles Daniel Warrick was arrested Nov. 13 and charged with first-degree murder and sexual assault.

According to a press release, Warrick is being charged for the death of 29-year-old Christine Mirzayan, a congressional fellow, in 1998. Mirzayan was finishing a policy fellowship program in DC.

During the evening hours on Aug. 1, Mirzayan was walking in the 3600 block of Canal Road, NW, when the suspect approached her, the release said. The suspect physically and sexually assaulted the victim. On Aug. 2, 1998, the victim was found dead at the listed location.

Nesham said she had been struck several times in the head with a large rock in addition to being raped.

Warrick, who owned a landscaping company and was a utility contractor, is also connected to nine other assaults in the Washington-metropolitan area from 1991-1998. The victims ranged in age from 18 to 41 years old.

Newsham said Warrick’s DNA was a match to all of the attacks.

There is a possibility that other assaults may have occurred. It is believed that Warrick recently relocated to South Carolina from the District.

Anyone with information about this case or believes they may be a victim is asked to call the Metropolitan Police Department at 202-727-9099 or the FBI at 1-800-CALL-FBI (1-800-225-5324). Anonymous information may be submitted to the department’s TEXT TIP LINE — 50411. A tip can also be submitted at https://tips.fbi.gov/.

“I want to my heartfelt condolences to the Mirzayan family, to Christine’s family, to all the victims of the attacks that were plagued by these heinous acts,” Newsham said.

11 14 19 Arrest Made in 1998 Cold Case

Counsel, Judge Resolve Issues Before Murder Trial

Even though opening statements in a murder trial were set to begin on Oct. 28, they have not because of several issues raised by counsel. 

Sean Baker, 40, is charged with second-degree murder while armed in the Jan. 31 stabbing death of 35-year-old Robert Wiggins on the 300 block of 37th St., Southeast. Baker was initially charged with assault with intent to kill. Baker is a transgender woman. 

On Nov. 14, counsel worked to resolve several issues before opening statements could begin. The issues included, a waiver of conflict, a motion regarding evidence obtained from Baker’s cell phone, testimony from a witness, the unauthorized search of Baker’s apartment, information on a previous assault against Baker, jury instruction on bias, updates on immunity agreements for witnesses and the extent of any bias the defense plans to raise against the prosecution. 

In 2016, Baker’s case was initially assigned to defense attorneys, Janet Mitchell and John Fowler. However, Mitchell was dismissed later that year and Baker was appointed new defense counsel, Dominique Winters. All three attorneys are from the public defender’s service. 

During the proceeding, a signed waiver of conflict-free counsel was given to the judge. 

The waiver was required because Baker was assigned different PDS attorneys after expressing a conflict with PDS counsel. 

The waiver stipulates that Baker cannot claim ineffective counsel if found guilty. 

During the proceeding the defense also requested a suppression of evidence from an unauthorized search, claiming that Baker’s sixth amendment rights were violated. Apparently, Mitchell gave authorities permission to search Baker’s apartment. Mitchell gave the permission without speaking to Baker. 

However, Judge Edelman did not agree, stating that the unauthorized search was more of a strategic maneuver from counsel that became erroneous. 

Judge Edelman ruled Nov. 13, to suppress text all content found on Baker’s cell phone. 

Because of the ruling, the defense filed another motion to suppress testimony from a witness who was only contacted after the cell phone was scanned for information.

Defense attorney, John Fowler, said the witness was coerced. Fowler said the witness did not want to testify against Baker but feared that if he didn’t he would go to jail.

But, the prosecution said the witness willingly complied.

Judge Edelman denied the defense’s motion, saying that even though the witness may have been reluctant to testify, he still showed up to interviews and gave the prosecution access to his phone.

Judge Edelman also said Baker’s cell phone records, specifically text messages between Baker and the witness, could not be introduced as evidence. However, the witnesses’ text messages with Baker could be used as part of the prosecution’s theory.

Opening statements are scheduled to begin on Nov. 18.

Murder Defendant Pleads Not Guilty, Requests Trial Date

A murder defendant pleaded not guilty Nov. 14 to any connection with the death of man in Southeast, DC.

Elhadji Babacar Ndiaye is charged with first-degree murder while armed for allegedly shooting 21-year-old Travis Deyvon Ruth on the 2700 block of Jasper Street, SE in January. According to court documents, Ruth was shot nine times with a majority of the wounds in his back.

The defense also submitted a request for discovery. 

Ndiaye, 20, is also charged with robbery while armed, possession of a firearm during a crime of violence, obstruction of justice, tampering with evidence and destruction of property.

The prosecutor said that some discovery had already been submitted, but she was waiting on a protective order to be approved to submit the rest. 

Ndiaye’s defense attorney, Roderick Thompson, said he received the order late and needed some time to go over it. 

In response DC Superior Judge Todd Edelman set a status hearing to make sure evidence was being given to the defense. The status hearing is set on Jan. 31, 2020. 

Thompson also requested that a trial date be set. The trial is expected to begin on Sept. 29, 2020. The prosecution has not offered Ndaye a plea deal in the case as of Nov. 14. 

Document: Police Arrest 2nd Suspect in Triple Homicide

On Nov. 13, members from the Metropolitan Police Department arrested a man who was wanted in connection to a triple homicide that occurred on Jan. 26.

Jonathan Winston, 30, is charged with first-degree murder while armed for his alleged involvement in the shooting deaths of 26-year-old Sean Shuler, 26-year-old Javon Abney and 24-year-old Tyrik Hagood on the 1500 block of Fort Davis Place, SE.

Rakeem Willis, the other suspect in the homicides, was arrested on June 11. He was also charged with first-degree murder while armed.

Willis, 28, is scheduled for a status hearing on Dec. 4. Winston is scheduled for a preliminary hearing on Nov. 26.

The case is still under investigation, according to a press release.

The police department is offering a reward of up to $25,000 to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for any homicide committed in the District of Columbia. Anyone with information about this case is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

 



11 13 19 Second Arrest Made in a Homicide 1500 Block of Fort Davis Place, Southeast

No Blood is on a Murder Weapon, DNA Analyst Says

An analyst confirmed that there was no blood on the suspected murder weapon during a trial on Nov. 14.

Leonard Smith is charged with second-degree murder for allegedly stabbing Leonte Butler, 26, on the 4000 block of South Capitol Street, SE in 2017.

The analyst said that tests could not detect blood on a knife from the crime scene.

She also said a small amount of DNA was recovered from handle of the knife, however, it was not enough to make a match to any person.

She added that environmental factors, such as extreme heat, or rain, could have also compromised the DNA.

Smith’s defense attorney, Anthony Matthews, inquired if the analyst had any reason to believe the knife had been exposed to such factors. The analyst said that she had not.

During the proceeding, the prosecution called another witness, whom the defense believes is an alternative suspect.

The witness testified that he met Butler a few months earlier and thought they were friends. The witness said that he and Butler were not very close friends. He said that Butler spoke with a stutter, and the witness also had one when he was a child, which helped them bond.

The witness testified that he, Butler, and Smith, who is now 33, had been drinking and using drugs that night. Camera footage showed the men walking between a local liquor store and the houses of two other friends.

Apparently, Smith had been mocking Butler’s stutter for much of the night. The witness said he mocked Butler as well.

According to the witness, the mocking led to a confrontation between Smith and Butler.

Smith grabbed Butler’s coat, then Butler tried to pulled away from Smith, the witness said. Butler apparently smacked Smith in the face while he was pulling away from Smith. Smith then stabbed Butler “multiple times” in the body.

The witness said he walked away, instead of trying to help Butler. He then returned with Smith to their friend’s house where the witness says he got sick.

The trial is scheduled to resume on Nov. 18.

Attorney Requests Competency Exam For Murder Defendant

A DC Superior Court judge granted a defense attorney’s request for a competency exam in a murder case.

Reginald Turner, 34, is charged with second-degree murder while armed with a firearm for his alleged role in the shooting of 37-year-old Malik Muhammed on the 800 block of Taylor Street, NE on Nov. 26, 2018. Muhammed died from his injuries on Dec. 1, 2018. Turner also has an assault with intent to kill charge in Prince George’s County, Maryland.

Turner’s defense attorney, James King, requested that the defendant undergo a 24-hour competency exam, with a specific focus on Turner’s ability to assist in his own defense.

A status hearing is scheduled on Nov. 20 to discuss the results of the exam.

Turner is being offered a global plea for charges he has in DC and Maryland. A global plea would require Turner to first serve his sentence in Maryland and then serve his sentence in Washington, DC.

Counsel said that if Turner pleaded guilty to second-degree assault in Maryland, prosecutors in DC would offer him a deal for voluntary manslaughter while armed.

According to the terms of the plea agreement, Turner could serve three to eight years in prison for his charges in Maryland and 10.5-18 years in prison for his charges in Washington, DC.

Paul Mulholland wrote this story.

Judge Refuses to Withdraw Plea, Sentences Murderer to 19 Years

During a sentencing Nov. 13, a murder defendant was sentenced to 19 years in prison. Shelby Jones pleaded guilty to second-degree murder while armed for allegedly shooting 17-year-old Davon Fisher on the 400 block of Riggs Road, NE. Jones, 19, was initially charged with first-degree murder while armed and assault with a dangerous weapon. Jones pleaded guilty to the murder on Jan. 11. DC Superior Court Judge Ronna Lee Beck accepted Jones’ guilty plea in January. However,  Jones tried to withdraw his plea in June, stating that he had limited education and thought the plea agreement represented a maximum sentence as opposed to an agreed sentence. Judge Beck did not accept Jones’ motion to withdraw. She said she was not satisfied with the defendant’s explanation for wanting to get out of the plea. According to the terms of the deal,  if Jones pleaded guilty to second-degree murder while armed, and two counts of assault with a dangerous weapon, the prosecution would recommend a sentence of 19 years in prison. “Nineteen years is not nearly long enough. In 19 years, I can’t walk by a cemetery and say ‘okay son, you can come back now,'” Fisher’s mother told Judge Beck. The mother said Fisher was her only son. He would have graduated high school and attended the University of the District of Columbia, she said. “The pain is what I remember, because I still feel it.” Fosher’s mother told Judge Beck.  She said she has thoughts of suicide, and how she is disappointed to wake up each day, still alive. The prosecutor also told Judge Beck that Jones had shot two other people, who survived, the same day Fisher died. The prosecutor also said that he has never seen someone plead guilty and show less remorse than Jones. Jones’ defense attorney, Dorsey Jones, said that both of Jones’ parents were drug addicts, and he spent much of his childhood in foster care. The attorney told Judge Beck that Jones’ IQ is in the third-percentile for 19 year olds. In his defense, Jones only told the judge that he wanted to withdraw his plea. Even though Judge Beck rejected Jones’ motion to withdraw the plea, she said he had the right to appeal her decision later if he wished. The sentence “is not a reflection on how serious this was or the extent of the loss,” Judge Beck said. A guilty plea brings the case to an end and gives more certainty, she said. Jones is required to serve five years of supervised release after his prison term, He must also register as a gun offender.

Judge Delays Murder Trial

A DC Superior Court judge granted the defense’s motion to suppress cellphone evidence on a murder defendant’s phone.

Sean Baker is charged with second-degree murder while armed for his alleged role in the Jan. 31 2016, stabbing of 35-year-old Robert Wiggins on the 300 block of 37th Street, SE. Baker, 40, is a transgender woman. 

DC Superior Court Judge Todd E. Edelman suppressed the evidence because the warrant used to obtain the cellphone’s content was too broad. There was no time limit or limits on what was specifically needed on the cellphone.

He also said there was also no probable cause at the time the warrant was created. 

The prosecution also requested that opening statements not be made Nov. 14, so several issues could be resolved.  The prosecutors said the suppression would change their strategy.

The prosecution also said there is a potential conflict of interest with Baker’s current Public Defender’s Services (PDS) counsel because she has had previous issues with PDS.

D.C. Witness reported on ethical issues with Baker’s former defense attorney, Janet Mitchell, who works with the PDS.

Apparently, Mitchell authorized law enforcement to search for the murder weapon in Baker’s apartment without discussing it with Baker first.

The prosecution said there is a possibility that if Baker is convicted, she has the potential to appeal her conviction on the basis of ineffective counsel. The prosecution requested a written waiver be signed in order to avoid any future potential issues.

Judge Edelman requested the parties reach an agreement on what the ethical issues are moving forward and that a written waiver be produced by the defense team.

Trial is scheduled to resume Nov. 14, however, opening statements are not scheduled to begin.

Murder Defendant Pleads Guilty to Killing Ex-Girlfriend

A murder defendant took a last minute plea deal for second-degree murder for killing his ex-girlfriend

Ronald Randolph pleaded guilty to second-degree murder while armed for shooting Shameka Delphine Jones, 32, on the 2200 block of Savannah Terrace, SE on July 22, 2017.

During a trial readiness hearing Nov. 13, Randolph’s defense counsel, Madalyn Harvey, told DC Superior Court Judge Todd Edelman that Randolph, 42, would take a plea deal.

According to the plea agreement, all other charges would be dropped.

The prosecution and defense agreed upon a sentence of 20-28 years in prison. The exact sentence is up to the discretion of Judge Edelman. 

Under the District of Columbia voluntary sentencing guidelines, Randolph could have been sentenced up to 40 years in prison for second-degree murder while armed.

“I feel satisfied you have entered into this guilty plea willingly” said Judge Edelman 

Randolph is scheduled to be sentenced on Jan. 31, 2020.

Judge Continues Murder Defendant’s Status Hearing

Dearren Robert Dawkins and 18-year-old Titus Iracks are charged with felony murder, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction, robbery while armed, attempt to commit robbery while armed and conspiracy while armed for his alleged involvement in the shooting of 43-year-old Larry Harrell on the 1200 block of Mount Olivet Road, NE on June 13, 2018. Iracks is a Title 16 youth being held at DYRS.

Judge Danya Dayson granted a mutual continuance, according to DC Courts. The hearing is scheduled to continue on Nov. 19.

A wired plea deal, which could only be valid if both defendants accept it, was offered on Nov. 6.

The deal is scheduled to remain open until Nov. 19, according to DC Courts.

The defendants rejected two other plea deals in January and October.

According to court documents, 23-year-old Dawkins, who was with Iracks, said Harrell pulled out a gun and opened fire first. Fearing for his safety, Dawkins said he pulled out his own gun and returned fire. At the time of the alleged murder, Iracks was wearing a GPS tracking device which placed him near the crime scene.

Document: Homicide on Wheeler Road, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 4300 block of Wheeler Road, SE.

According to a press release, officers found 21 year-old Majhe Powers sufferring from gunshot wounds on Nov. 12. He was pronounced dead at a local hospital.

The department is offering a reward up to $25,000 for information that leads to an arrest and conviction in this case or any other homicide in Washington, DC.  Anyone with information about this case is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line 50411.

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Document: Homicide on Wheeler Road, SE

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Nov. 12.

According to a press release, officers found an adult male victim in the hallway of a residential building, suffering from multiple gunshot wounds on the 4300 block of Wheeler Road, SE. 21-year-old Mahje Powers was transported to a local hospital where he was pronounced dead

Police are offering a reward of up to $25,000 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.

Judge Rules Against Admission of Guilt Motion

During a court proceeding the day before trial, a DC Superior Court judge denied a motion for a defendant to admit guilt because he missed weekly drug screenings. Leonard Smith, 33 is charged with second-degree murder for allegedly stabbing Leonte Butler, 26, on the 4000 block of South Capitol Street, SE in 2017. According to the Metropolitan Police Department, Smith and two other individuals  were seen on surveillance footage, covered in blood and changing clothes after the incident. “If we were talking about someone who was in complete compliance all the way up until the murder then, I think you’d have a point, but we’re not,” said Judge Danya Dayson Nov. 12. Judge Dayson said Smith missed check-ins and drug testings sporadically throughout the entire time he was on probation. She also said the prejudice of his non-appearance outweighed the probability that he missed the appointments because he knew the  police were looking for him in connection to the homicide. The prosecution said that Smith was in compliance of his probation before the murder. He was not after, the prosecutor said. According to the prosecution, Smith had shown up for 81 percent of his check-ins and drug testing in 2016 while on parole for a 2015 weapons charge. Smith’s defense attorney, Anthony Matthews, said that in order to even consider this motion the judge would have to look at the dates immediately before and after the murder because that is the o.nly way it would be accurate. Jury selection is slated to begin on Nov. 13. Jaylin Hawkins wrote this story. 

Judge Appoints Attorney to Witness

During a status hearing on Nov 12, a witness was appointed counsel. Sean Baker, 40, is charged with second-degree murder while armed for his alleged role in the Jan. 31 2016 stabbing of 35-year-old Robert Wiggins on the 300 block of 37th Street, SE. Baker’s defense attorney, Dominique Winter, said she needed more time to prepare a witness to testify. DC Superior Court Judge Todd Edelman  granted the defense’s request for extra time to prepare the witness. He also appointed an attorney to represent the witness. The witness is supposed to testify on the facts of the case, only. D.C Witness previously reported that Judge Edelman refused to delay Baker’s trial after continuing a motions hearing nine times from Oct. 28 through Nov. 8. Jury selection is scheduled to resume on Nov 13.

Judge Extends Time for Plea Deal Discussions

During a status hearing on Nov. 12, a defense attorney requested time to discuss a plea deal. David Hahqwon Beale, 21, is charged with first-degree murder while armed for his alleged involvement in the death of 42-year-old George Johnson, Jr. on the 800 block of Oglethorpe Street, NE on May 7, 2018. D.C Superior Court Judge Todd Edelman granted the  Betty Ballester, Beale’s defense attorney, request to have more time with the prosecution to discuss the specifics of  a plea deal. The details of the plea deal were not discussed in open court. The prosecution told Judge Edelman that  DNA testing would not be conducted. D.C. Witness previously reported that police recovered multiple firearms, including a Glock, from Beale’s residence. According to court documents, shell casings from the scene of the crime were fired from the gun found in Beale’s residence. Beale is being held without bail. Beale is scheduled for another status hearing on  Feb. 14, 2020.