Eyewitness Delivers Inconsistent Testimony in Murder Trial

During a murder trial, one of the defense’s witnesses denied having said portions of a testimony that she made previously.

Kenneth Bellamy is charged with first-degree murder for allegedly shooting 23-year-old Michael Tyrone Jones on the 3500 block of East Capitol St., SE in December of 2015.

On May 30, one of the defense’s witnesses told the jury that she saw a man with tattoos on his face holding a gun to another man’s head. Apparently, the witness previously said that she was certain the man she saw was another suspect in the case. However, the witness denied identifying the other suspect and said the defendant was among the people on the scene.

Both Bellamy and the other suspect have tattoos on their faces, however another witness for the defense said that was a common trend among young men in the area.

A Metropolitan Police Department Detective also told the jury that there was footage of the shooting.

However, the defense later revealed that there is no actual footage of Bellamy shooting Jones.

Instead, Bellamy can be seen extending his arm and Jones can be seen getting shot, but the footage does not show the shooting.

Bellamy did not testify.

Closing arguments are scheduled on June 3.

Document: Homicide on Reed Terrace, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 4600 block of Reed Terrace, SE.

According to a press release, officers located 34-year-old Eric Marshall suffering from multiple gunshot wounds on May 29. Marshall was brought to a nearby hospital, where he was later pronounced dead.

A reward of up to $25,000 is being offered for information that leads to an arrest and conviction in this case or any other homicide case in DC. Anyone with information should call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Witness Contradicts Prior Testimony in Murder Trial

A witness for the prosecution contradicted another witness’s testimony during a murder trial.

Kenneth Bellamy is charged with first-degree murder while armed and two gun-related offenses for allegedly shooting 23-year-old Michael Tyrone Jones on the 3500 block of East Capital Street, SE in 2015.

The witness told the prosecution that on the day of the murder he was driving down East Capital Street when he saw his friend running “fast and frantic” in the street. Apparently, the friend got in the witness’s car and said Jones was shot.

The witness also said he called Jones’ girlfriend and told her about the shooting.

According to the defense’s theory, the friend killed Jones. Defense counsel said the friend and another individual planned to rob Jones, who had been bragging about having drugs earlier in the day.

However, Jones’ girlfriend, who testified previously, said the witness’s friend called her. The girlfriend told the jury that she never believed the friend had anything to do with Jones’ death.

The prosecution says Bellamy, 35, shot and killed Jones over stolen marijuana.

The trial is scheduled to continue on May 30.

Judge Denies Motion to Exclude Photos of Guns

During a trial readiness hearing on May 29, a DC Superior Court judge denied the defense’s motion to exclude photographs that featured a murder defendant holding what appeared to be the murder weapon.

Gary N. Proctor is charged with first-degree murder for allegedly shooting his cousin Jerome Diggs, 47, on the 1300 block of First Street, SW in 2015.

Judge Danya Dayson denied the motion because there was reasonable probability that shell casings recovered from the murder scene could have come from bullets fired from any of the guns in the photos. Proctor, 41, is seen holding two guns in the photos.

According to the prosecutors, the guns in the photos appeared to be compatible with .40 caliber shell casings, which were recovered from the scene. Additionally, the prosecution said ammunition of the same size was discovered at Proctor’s house.

The prosecutors said admission of the photos was critical because it could connect the defendant to the homicide.

Proctor’s attorney, Steven R. Kiersh, didn’t want the items included because they were prejudicial to his client’s case.

There was another motion, filed by the defense, to exclude evidence of uncharged criminal conduct, including evidence of drug dealing and an assault against Diggs.

Kiersh argued that since the assault was three years before the shooting, it could no longer be considered as admissible evidence. Kiersh also said Proctor’s drug dealing history should be excluded because it is irrelevant to the case.

However, the prosecution argued that the assault is still admissible because it shows underlying tension between the cousins.The prosecution said that Proctor was a known drug-dealer in the community and sold drugs to a few of the witnesses.

The prosecution also said a list of names with numerical sums was found in Proctor’s car. According to the prosecution’s theory, Diggs, whose name was on the list, owed a debt to Proctor, which was a possible motive for the shooting.

The motion is expected to be addressed at the next motions hearing on June 6.

According to court documents, officers from the Metropolitan Police Department found Diggs suffering from multiple gunshot wounds. Two witnesses testified that Diggs identified Proctor as the man who shot him. Diggs was pronounced dead at a hospital less than an hour later.

Did Witness ID Murder Defendant for Reward Money?

According to a defense attorney, a witness only identified a murder defendant after police told him about the reward money.

Kenneth Bellamy is charged with first-degree murder while armed and two gun-related offenses for allegedly shooting 23-yer-old Michael Tyrone Jones on the 3500 block of East Capital Street, SE in 2015.

Jon Norris, Bellamy’s defense attorney, said the witness named Bellamy, 35, as the shooter after the police mentioned that he could receive up to $25,000 in reward money. Norris said the witness inquired about the money before giving his grand jury testimony.

“You lied to the police, you lied to the grand jury and now you’re lying to the ladies and gentlemen of the jury,” Norris told the witness on May 28.

Norris said the witness also changed his story multiple times, including changing the location of the shooting and denied being on the scene.

In addition to the witness’s story changes, Norris said the witness violated a court order, given by DC Superior Court Judge Todd Edelman, to remain silent about his previous testimony on May 23. According to Norris, the witness spoke to a detective, saying he believed the defense was trying to pin Jones’ murder on him.

Norris said the detective told Judge Edelman that the witness said he was worried he was going to get into trouble.

During the prosecution’s redirect, the witness agreed that he inquired about the money but said he was telling the truth. Apparently, the witness told the grand jury, “I don’t even want that money” and that he just wanted to move on.

The trial will continue on May 29 with more testimony from the prosecution’s witnesses. The trial is expected to conclude on June 3.

Judge Approves Counsel Change for Murder Defendant

One of two murder defendants was appointed new counsel during a status hearing.

Demonte Hewitt and Kurt Hewitt , who are cousins, have been charged with second-degree murder while armed for their alleged role in the fatal stabbing of 16-year-old Tyshon Perry. The stabbing occurred on the 1300 block of 2nd Street, NE on May 1, 2018.

During the hearing, James King announced that he was replacing Lauren Johnson as Demonte’s attorney. Because of the last-minute change, King requested extra time to familiarize himself with the case’s material. According to DC Courts, Lauren Johnson, who has been on Demonte’s case for a little more than a year, was dismissed on May 28. It is unclear why she was removed from the case.

King also said that he couldn’t obtain body-worn camera footage of the incident. He said the prosecution gave him an expired link. He requested that the prosecutor make the footage accessible to the defense.

After both attorneys scheduled a status hearing on Aug. 23, King asked if the defense could be notified of any earlier dates that become available. DC Superior Court Judge Craig Iscoe agreed and confirmed that the defense was placed on a waitlist for an earlier date.

According to court documents, members of the Metropolitan Police Department found Perry unconscious and unresponsive, suffering from a stab wound to the chest. Perry was pronounced dead less than an hour later.

Demonte, 17, and Kurt, 19, were arrested on May 22, 2018. Demonte is being charged as an adult.

Document: Homicide on MLK Avenue, SE

The Metropolitan Police Department is investigating a fatal stabbing on the 2700 block of Martin Luther King, Jr. Avenue, SE. The stabbing is one of two homicides to occurred over the Memorial Day holiday weekend.

According to a press release, officers located 44-year-old Michael Hooker suffering from laceration wounds during the evening hours on May 26. He was pronounced dead at a local hospital.

Victim’s Family Outraged Over Murder Defendant’s 5-Year Sentence

To the dismay of a victim’s family, a murder defendant was only sentenced to five years in prison.

Koonce Wright pleaded guilty to voluntary manslaughter while armed for shooting his co-worker Brian Gibson, 45, on the 6900 block of Georgia Avenue, NW on December 8, 2017.

The prosecutor said that Gibson’s family was opposed to the plea deal because it did not take the defendant’s conduct into account. However, DC Superior Court Judge Craig Iscoe said he believed the length of the sentence in question was appropriate.

Judge Iscoe said the sentence was based on several factors, including the regret Wright, 60, expressed for his actions, the “moving” letters written by Wright’s family, and the circumstances under which the shooting had taken place.

Wright will be required to serve five additional years on supervised release after completing his prison term.

During the sentencing, Gibson’s cousin read a victim impact statement on behalf of the victim’s mother. In the letter, Gibson’s mother described the severe anguish that she and the rest of the family experienced as a result of Gibson’s death.

In the letter, the mother said that she has suffered severe consequences, such as sleepless nights, loss of appetite and questioning her religious faith. She also said her other son was especially traumatized since he was very close with Gibson.

The mother told the judge that she wanted “to take away the defendant’s freedom forever, just as he took away [her] son’s life.”

In addition to accepting the plea, Judge Iscoe also ordered Wright to register as a gun offender.

According to court documents, Wright and Gibson were both employed as shuttle bus drivers. Wright said Gibson attacked him and that he shot him out of self-defense.

Officers from the Metropolitan Police Department found Gibson unconscious and unresponsive with multiple gunshot wounds. He was pronounced dead on the scene.

Defense Requests Change to Murder Defendant’s Confinement Restrictions

Defense counsel requested that a judge modify confinement restrictions to let a murder defendant attend school.

Daquan Gray, 17, is charged with first-degree murder while armed for allegedly shooting 15-year-old Jaylan Wheeler on the 600 block of Alabama Ave, SE in 2018. Gray is being charged as an adult.

Gray’s current confinement order, previously given by DC Superior Court Judge Ronna Lee Beck on July 30, 2018, required him to remain in his home except for when he was scheduled to appear in court. Gray’s defense attorney, Dana Page, asked that the order be changed to give Gray a few hours to attend school.

However, the prosecution expressed concerns about the change because the shooting that Gray is charged with occurred near a school. The prosecutor said it would be important to closely monitor Gray’s location if home confinement was lifted.

On May 24, DC Superior Court Judge Craig Iscoe said he wouldn’t order any changes until he is given a specific proposal about the school’s arrangements for Gray’s attendance.

According to court documents, officers of the Metropolitan Police Department found Wheeler unconscious and suffering from gunshot wounds to the body. He was pronounced dead at a local hospital later that evening. Gray was arrested for the shooting on May 30, 2018.

Gray is scheduled for a hearing, where he will determine if he wants to independently test DNA evidence, on Sept. 13. A trial is slated to occur on Sept. 8, 2020.

Defendant Had a Gun, Witness Says

During a murder trial May 23, a witness for the prosecution told the jury that moments after he saw the defendant with a gun, he heard gunshots and saw the victim collapse.

The witness said that on the night of the murder he was standing in the entryway of a building on East Capital Street with multiple other people when he saw Bellamy, 35, confront Jones about stolen marijuana. The witness said Jones had been bragging earlier in the day about marijuana.

The witness said Bellamy approached Jones, saying “Where that shit at.”

The witness said Bellamy’s hands were in his jacket pockets and that he could see the outline of a gun. He said shortly after the two exchanged words, Bellamy grabbed Jones and they began to “tussle.”

The witness said he saw Bellamy pull something that seemed like a gun out of his pocket. The witness said he started running away when he heard gunshots. He said he didn’t see anyone else with a gun.

However, during cross examination, the defense pointed out that the witness told police multiple versions of the story.

The witness told defense attorney, Jon Norris, that he initially lied to police because he was trying to protect himself. However, Norris refuted the claim, saying the witness was lying to protect someone else.

According to Norris, the witness testified in a grand jury that the person who shot Jones was the same person who sold him marijuana earlier that day. Norris said the witness was protecting the true shooter because if he implicated the shooter he would be implicating himself.

During opening arguments, the defense said the witness set Jones up to be robbed and killed. Apparently, Jones was a known drug dealer and had been bragging earlier in the day about drugs that he acquired. Norris said the witness and the true shooter conspired together.

The defense is scheduled to continue with their cross examination on May 28.

Judge Grants Defense’s Motion, Postpones Murder Trial

On May 23, a DC Superior Court judge granted the defense’s motion for a continuance of the murder trial, pushing it back by three months.

Paul Swann is charged with second-degree murder while armed for his alleged role in the shooting of Adam Barker, 21, on Feb. 29, 2016. Swann, 27, is also charged with unlawful possession of a firearm due to a prior conviction. Swann’s co-defendant, Traveous Lamont Brown, pleaded guilty to second-degree murder while armed in June.

Defense counsel said their expert will no longer be available in July, August, or September. The lawyers told Judge Ronna Lee Beck that they were concerned they would no longer be ready for trial.

Judge Beck rescheduled the trial from July 15 to Oct. 15.

The prosecution opposed the motion, arguing that the defense could simply get another expert. But, the defense said they needed to keep their specific expert because she possessed the necessary qualifications that were needed to give an informed and credible analysis of the evidence.

According to court documents, Swann and Brown, 29, engaged in a verbal argument with Barker before the shooting occurred. Barker was found by officers of the Metropolitan Police Department laying in the street, suffering from a gunshot wound. He was pronounced dead on March 1, 2016. Brown, who was also a suspect in the shooting, incriminated Swann during his testimony.

D.C. Witness reported that the murder allegedly happened after Barker, 21, testified in trial of the murder of Simwone K. Milstead, his uncle.

Swann is scheduled for a motions hearing on June 14. Brown is scheduled for a status hearing on Aug. 2.

Prosecutor Says Significant Setbacks Could Delay Murder Trial

The prosecution told a DC Superior Court judge on May 23 that technological difficulties caused significant delays in the progression of a murder trial.

Joshua Artis is charged with first-degree murder while armed for allegedly shooting Ryan Matthew Addison, 28, on the 200 block of Elmira Street, SW on Aug. 11, 2015. Artis, 29, is also charged with possession of a firearm during a crime of violence, conspiracy, obstruction of justice and unlawful possession of a firearm.

The prosecutor said there was technical difficulties in transferring data that was necessary for the trial.

During the hearing, Judge Ronna Lee Beck called Litigation Technology Specialist Leif Hickling, who is responsible for transferring the data, on the phone to ask him about the issue. Hickling said an unknown environmental factor was causing unusually slow downloads and uploads of the data.

Hickling said the difficulties could delay the transfer for at least another week.

In response to the difficulties, the prosecutor told Judge Beck that the delay would make his team miss a deadline to give data to the defense. The deadline was previously scheduled for May 23.

The prosecutor also said he would likely need to request a continuance of the trial. The trial is currently scheduled on June 3.

As of May 23, a new trial date has not been decided.

According to court documents, Addison was discovered by police suffering from multiple gunshot wounds. He was pronounced dead at a local hospital.

In December of 2018, D.C. Witness reported that Artis is a member of the Imperial Gangsta Bloods (IGB), a criminal organization that operates in DC and Northern Virginia.

A grand jury indictment stated that a group leader of the IGB authorized Artis to kill Addison in retaliation for the death of Rodney Davis. Davis was allegedly a friend of Artis and the IGB leader.

Case Acquitted: Murder Defendant Pleads Not Guilty to Indictment Charges

This case has been acquitted.

A murder defendant decided to plead not guilty to six indictment charges on May 23.

Cedric Alexander, who is also known as “Tony White,” is charged with first-degree murder while armed for his alleged role in the shooting of Daquan Hooks on the 1900 block of 13 Street, SE on March 23, 2017.

Along with pleading not guilty to the murder charge, Alexander, 46, also pleaded not guilty to carrying a pistol without a license outside of a home or business with a prior felony, unlawful possession of a firearm with a prior crime of violence, robbery while armed and possession of a firearm during a crime of violence.

The prosecutor and the defense told DC Superior Court Judge Ronna Lee Beck that they have had difficulties coordinating with the detective in the case in order to get DNA evidence. Counsel said that they will continue efforts to get the evidence.

According to court documents, officers of the Metropolitan Police Department found Hooks, 38, unconscious and suffering from a head injury during the early morning hours on March 23, 2017. Hooks was transported to the hospital where he was pronounced dead. The cause of death was a gunshot wound to the head.

Another hearing is scheduled on Oct. 25 where defense counsel is expected to let Judge Beck know if the defense wants to test the evidence at another facility. A trial is slated to occur in May of 2020.

Document: Homicide Outside of Elementary School in Southeast DC

The Metropolitan Police Department is investigating a fatal shooting that occurred in Southeast, DC.

According to a press release, police found 33 year-old Pierre Mercer suffering from multiple gunshot wounds on the he 2300 block of Shannon Place, Southeast. He died on the scene. The shooting occurred outside of Savoy Elementary School.

The shooter is described as wearing a dark ski mask and either drove or was driven away in a small, dark-colored SUV.

The Washington Post reported that Police Chief Peter Newsham said the shooting appeared to be targeted.

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 about this case is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Next Tip Line — 50411.

As of May 23, there have been 62 homicides in Washington, DC with 42 of those homicides occurring in the Southeast quadrant of the city.

Murder Defendant’s ‘Pride’ Caused 2015 Homicide, Prosecution Says

During opening arguments, a prosecutor said a murder defendant’s “pride” resulted in the death of a 23-year-old man. However, the defense says a witness set their client up to take the fall.

Kenneth Bellamy is charged with first-degree murder while armed and two gun-related offenses for allegedly shooting Michael Tyrone Jones on the 3500 block of East Capital Street, SE in 2015.

According to the prosecution’s theory, Bellamy, 35, couldn’t get over the fact that Jones stole his marijuana, which the prosector said was in a mason jar. The prosecutor said Bellamy, armed with a .40 caliber pistol, confronted Jones in an apartment building on East Capital Street.

Bellamy’s reputation was at stake, the prosecutor said.

Apparently, during the confrontation, Jones told Bellamy “you aint getting shit back,” referring to the marijuana, and Bellamy opened fire.

However, the defense refuted the prosecution’s theory all the way down to what was in the mason jar. According to defense attorney, Jon Norris, the mason jar was filled with PCP, a mind altering drug. He said Jones was a known drug dealer.

Norris also said one of the prosecution’s witnesses, who identified Bellamy as the shooter, set Jones up to be robbed and murdered. Norris said it was significant that Jones’ body was found in the laundry room because that’s where he was known to conduct drug deals. He also said Jones was bragging earlier in the day that he had PCP for sale.

Norris also told the jury that the witness changed his story multiple times. Apparently, the witness initially denied being at the scene, and then said he heard a “tussle” and fled the scene. Norris said the witness changed his story entirely when the police told him they heard he set Jones up.

Norris said the police coerced the witnesses to give them a name. According to Norris, the police threatened the witness, saying he could go to jail for 40 or more years. The police also told the witness that he wasn’t built for jail. Norris said the the police forced the witness to say “bird” was the shooter.

Bellamy, whose nickname is“bird” was apprehended. However, Norris said the witness sold drugs for another man who also has the nickname “bird.” Norris said the other bird was the true shooter.

Bellamy was falsely accused. His only tie to the case is his nickname, Norris said.

The trial is scheduled to continue on May 23.

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