Parties Attempting to Reach Plea Deal, Counselors Say

Counsel told a DC Superior Court Judge June 28 that they are attempting to “reach a resolution” in a homicide case that is currently set for trial in August.

Mario Alfaro is charged with first-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm for allegedly shooting Jonathan Vilchez. DC Police found Vilchez, 22, with multiple gunshot wounds on the 5400 block of Georgia Avenue, NW in 2017.

The prosecution and defense told Judge Danya Dayson that they are in the final stages of drafting a plea agreement. The specific terms of the agreement were not disclosed.

Defense attorney, James King, told Judge Dayson that he didn’t expect the plea deal to fall apart. However, counsel insisted the trial date be moved in case an agreement couldn’t be made. A new date has not been selected as of July 1.

Alfaro, 22, rejected a plea deal offered by the prosecution last year.

According to court documents, several security cameras show Alfaro shooting into the Lucky Corner Market where the victim’s body was found. Police believe Alfaro and Vilchez were members of the same street gang.

Alfaro is scheduled for a status hearing on July 17.

Document: Homicide on 13th Place, SE

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

According to a press release, Ja’Vontay Brown, a resident of Southeast DC, was found suffering from gunshot wounds on the 3400 block of 13th Place, Southeast. He was pronounced dead at a local hospital.

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

Arrest Made in Homicide Near U Street Corridor, Police Still Investigating

The Metropolitan Police Department is investigating a fatal shooting that occurred during the last weekend in June.

According to a press release, officers charged 21-year-old Duan Garmany with first-degree murder while armed (felony murder) for his alleged involvement in shooting 28-year-old Christopher Payne on the 1400 block of W Street, NW earlier the same day. Payne died at the scene.

Germany is scheduled to appear in court on July 1. According to the Washington Post, Garmany was wounded in the left leg.

Another victim was also located suffering from non-life threatening injuries. He was transported to a local hospital.

Police are still investigating the homicide. Up to a $25,000 reward is being offered for information that leads to an arrest and conviction for this homicide or any other homicide in Washington, 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.

Judge Won’t Exclude Murder Defendant ID from Evidence

During a motions hearing June 27, a judge denied the defense’s motion to suppress a murder defendant’s identification in material evidence.

Gary Proctor is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition for allegedly shooting Jerome Diggs, 42. The crime took play on the 1300 block of First Street, SW in 2015. Proctor, 41, is the victim’s cousin. The two allegedly got into an altercation two weeks prior to the victim’s death

Defense attorney, Steven Kiersh, motioned to suppress evidence regarding the identification of the defendant. Apparently, Proctor’s nickname is “Little Gary”.

According to court documents, one witness spoke to another saying that “Little Gary” shot the victim multiple times.

The defense argued that this alias was too vague.

However, Judge Dayna Dayson said there was a sufficient amount of other evidence that pointed to the defendant as a suspect.

Judge Dayson also denied a motion to admit a 911 call.

The case is set to go to trial on July 15 with the prosecution expecting to call three to five witnesses. The defense expects to call five witnesses.

Document: Homicide on 14th Street, NE

The Metropolitan Police Department is investigating a homicide that occurred on the 2400 block of 14^thStreet, NE.

According to a press release, officers located 25 year-old Bernard Jarvis, a resident of Hyattsville, Md., suffering from multiple gunshot wounds during the early morning hours on June 28. Jarvis died on the scene.

The police 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.

Driver Pleads Guilty to Vehicular Homicide

After speeding through two stop signs and causing a fatal collision at the intersection of 16th Street and V Street, SE, a man is set to be sentenced to 4.5 years in prison.

During a preliminary hearing June 28, Dejuan Andre Marshall pleaded guilty to voluntary manslaughter and assault with significant bodily injury for his involvement in a vehicular collision that caused the death of 31-year-old Abdul Seck on April 21.

Both the prosecution and defense agreed on a set punishment for the defendant. According to the plea agreement, which was accepted by DC Superior Court Judge Ronna Beck, Marshall will be sentenced to four years in prison for manslaughter and a half of year (6-months) for assault.

Without the plea agreement, Marshall, 21, could have faced a maximum of 30 years in prison for manslaughter and three years in prison for assault, according to the District of Columbia Sentencing Commission’s Voluntary Sentencing Guidelines.

Court documents state that during the afternoon on April 21, a witness saw Marshall involved in an argument with a woman whose identity was not shared in open court. After the argument, a witness said Marshall sped away in his vehicle, a Chevrolet Cruze, down V Street.

Marshall’s car sped through two stops signs and entered the intersection at 16th and V Street, SE when another car, a Chevrolet Malibu, was struck by Marshall’s car, according to the documents

. The Malibu became airborne, partially rolled over and came to rest on the driver’s side. Through the commotion, Seck, who was on a sidewalk near the intersection at the time, was struck, documents state.

Seck suffered form massive body trauma, and the driver of the Malibu suffered from head injuries that required surgery.

Apparently, there were three other passengers in the Malibu, including one adult and two children. The other adult was also treated for head injuries and the children were treated for cuts.

The driver of the Malibu was in a coma for three weeks, according to the prosecution.

On Sept. 6 Marshall was sentenced to four years for voluntary manslaughter and six months for assault with significant bodily injury.

Murder Defendant Pleads Not Guilty to 2018 Murder

During a felony arraignment June 27, a defendant pleaded not guilty.

Elijah Jarmon is charged with first-degree murder while armed, four counts of assault with the intent to kill while armed and five counts of possession of a firearm during a crime of violence for his alleged involvement in the death of 18 year-old Taquan Pinkney on the 2800 bloack of Stanton Road, SE on Sept. 9, 2018.

DC Superior Court Judge Dayna Dayson set Jarmon’s trial date for Aug. 24, 2020, because the prosecution isn’t available until that time.

The prosecution said it plans to prepare a plea offer, but did not provide any other information about the terms of the offer. The prosecution also said a majority of the evidence would be provided to defense counsel by the end of the day.

According to court documents, surveillance footage shows three suspects approach Pinkney and two other individuals as they walked northbound on Stanton Road. A fight broke out in the street and continued into a nearby alley.

Pinkney and the witnesses were then followed by the suspects to the corner of Stanton Road and Douglass Place, documents state. Around that time, the Metropolitan Police Department Shot Spotter System detected gunshots and the suspects were seen fleeing the scene. The other two individuals, who were with Pinkney, survived.

A juvenile defendant is also connected to the case.

Judge Dayson scheduled a status hearing on Sept. 18.

Document: Fourth Arrest Made in Homicide on Benning Road, NE

The Metropolitan Police Department arrested June 26 the fourth suspect in a fatal shooting in January.

According to a press release, 25-year-old Tavist Alston is charged with first-degree murder while armed o his alleged involvement in the death of 22-year-old Michael Taylor on the 1700 block of Benning Road, NE on Jan. 12.

Alsotn is scheduled for a preliminary hearing on July 9.

Three other individuals, including 22-year-old Carlos Turner, 18-year-old Stephon Evans and 21-year-old Alonzo Brown are also charged with first-degree murder while armed in connection to the homicide.

Turner pleaded guilty to the homicide in May. Brown and Evans are scheduled for a felony status conference on July 2.

Judge Denies Defense’s Motion to Invalidate Search Warrant

A DC Superior Court judge decided June 27 to deny the defense’s motion to invalidate a search warrant obtained by the prosecution. The warrant would allow the prosecution to take a sample of the defendant’s DNA.

Tyree Irving, 22, is charged with first-degree murder while armed (premeditated) for allegedly shooting 22-year-old Davane Williams on Jan. 15 on the 1200 block of North Capitol Street, NW.

Judge Danya Dayson denied the motion on the basis that reasonable inferences could be drawn about whether the physical evidence obtained by the prosecution could be used to compare to Irving’s DNA. Judge Dayson said her decision held DC Superior Court Judge Milton Lee’s ruling of probable cause into consideration.

Irving’s defense attorney, John Fowler, filed a motion to invalidate the warrant on June 25 on the basis that there was no probable cause to justify taking a sample of DNA. He said there is no comparative DNA, no statements about the likelihood of the presence of DNA and that it was unclear what the prosecution would be comparing the DNA sample to.

Per Fowler’s request, Judge Dayson ordered that the prosecution only test Irving’s DNA after processing swabs of existing physical evidence. He said he made the request to preserve Irving’s right to privacy.

Fowler also said it wasn’t clear whether the existing physical evidence, which was a hoodie, even belonged to Irving. Fowler said there were more than seven people in the residence at the time of the search.

However, the prosecution argued that there just needs to be a “reasonable inference” that can be made about whether the physical evidence could contain DNA. They said there is no explicit rule about what type of connection has to be made.

Although Judge Dayson denied the motion to “quash” the warrant, she told counsel that the likelihood of DNA on the hoodie almost undermined the probable cause ruling.

Irving is scheduled for a felony status conference on Aug. 1.

Prosecution Is Working Towards Indictment, Counselor Says

During a felony status conference June 27, the prosecution informed the judge that he is working towards an indictment.

Collin Potter, 27, is charged with second-degree murder while armed for allegedly stabbing Vongell Lugo, 36. The stabbing occurred on Jan. 6 on the 2800 block of Wisconsin Avenue, NW.

The prosecution said he expects to have an indictment in August, eight weeks before the deadline in October. Defense attorney, Matthew Davies, had no objection.

In response to DC Superior Court Judge Juliet Mckenna’s inquiry about the status of DNA testing, the prosecutor said he would provide an initial report by the indictment deadline.

The prosecution also said all the evidence would be provided to the defense with the indictment.

Potter’s next status hearing is scheduled on Aug. 23.

Defense Attorney for Murder Defendant Claims Prosecution is ‘Ambushing’ Him

A defense attorney for a murder defendant claimed June 24 that the prosecution was stragetically ambushing him by changing the focus of a motions hearing last-minute.

Timothy Gibson, 28, is charged with first-degree murder while armed for allegedly shooting 28-year-old Carl Day-Baker on the 1500 block of T Street, SE on Sept. 1, 2018. Gibson is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed and first-degree burglary.

One of Gibson’s defense attorneys, Eugene Ohm, said he only received an email about the prosecution’s change of focus, from a witness to calls Irving received in jail, only an hour before the hearing.

Ohm said no one had given him any notice that the jail calls would be meaningful in any way. He said he had been preparing all weekend to discuss the witness. Ohm said he didn’t have a chance to listen to the calls.

According to Ohm, this was “clearly a strategic move on the government’s part.” Ohm objected to going forward with the hearing, claiming the prosecution was attempting to “ambush” him.

DC Superior Court Judge Danya Dayson said she understood Ohm’s frustration but didn’t think this was a strategic move by the prosecution.

The hearing reconvened later that afternoon with the prosecution questioning a homicide detective from the Metropolitan Police Department about a series of excerpts from jail calls made between Gibson and other individuals. The prosecution attempted to prove that Gibson was not trustworthy enough for halfway housing.

The defense didn’t have an opportunity to cross-examine the detective, so the motions hearing is scheduled to resume on July 15.

According to court documents, Day-Baker and his brother had gotten into an altercation with Gibson. After the altercation, as the brothers began walking away, Gibson apparently fired several shots that struck Day-Baker.

Prosecution Dismisses Child Murder Case

During what was supposed to be a felony status conference on June 26, the prosecution announced they were dismissing a murder defendant’s charges that stemmed from an infant’s death.

Bobby Davis was charged with first-degree felony murder and first-degree cruelty to children for allegedly burning and killing his 6-month-old daughter, Brooklyn Zakiyaa Hill-Davis, on the 1900 block of Valley Terrace, SE on Sept. 5, 2018.

The prosecution didn’t explain the decision to dismiss the case against Davis, 22, in open court.

According to court documents, Davis, 22, was taking care of his daughter. He ran her a bath but didn’t check the water’s temperature. When he put his daughter into the water she flinched and that is when Davis took her out and noticed burns on her bottom.

Doctors estimated that 15 percent of baby’s body sustained burns. The burn injuries ultimately lead to the child’s death, court documents said.

Counselors Argue Over Validity of Search Warrant in Murder Case

During a motions hearing on June 26, counsel argued over a motion that was filed by the defense to “quash”, or invalidate, a search warrant.

Tyree Irving, 22, is charged with first-degree murder while armed (premeditated) for allegedly shooting 22-year-old Davane Williams on Jan. 15 on the 1200 block of North Capitol Street, NW.

The search warrant in question would allow the prosecution to take a sample of Irving’s DNA.

Irving’s defense attorney, John Fowler, filed a motion to quash the search warrant on June 25.

Fowler said there was a lack of probable cause for the search warrant . He said the prosecution has not indicated that any biological material was recovered from physical evidence, which is what would be used to compare to Irving’s DNA.

Fowler also said obtaining Irving’s DNA would be a violation of his privacy.

However, the prosecutor argued that many of the cases Fowler used to support his argument were not applicable since there were different circumstances in those particular cases.

The prosecutor also said Fowler had no authority for a motion to quash. He said DC Superior Court Judge Milton Lee found March 12 probable cause, arguing that there was no precedent that the current judge, DC Superior Court Judge Danya Dayson, should have to review Judge Lee’s findings.

Judge Dayson didn’t rule on the motion because she said she needed time to think about her decision. She said that neither side had persuaded her to decide either way.

The motions hearing is scheduled to continue on June 27.

Even though Judge Dayson said she is not likely to make a ruling at that time, she wants to hear counsel’s arguments about probable cause. However, she noted that by the time she makes her ruling, the prosecution’s warrant might be stale.

According to court documents, officers of the Metropolitan Police Department found Williams lying unconscious on the sidewalk, suffering from multiple gunshot wounds.

Judge Continues Co-Defendant Murder Case

A DC Superior Court judge postponed a hearing for a murder case on June 26.

Kevon Pinkett and Keith Johnson are charged with second-degree murder while armed for their alleged involvement in the fatal stabbing of Edwin Richardson on the 2900 block of Martin Luther King Jr. Avenue, SE on April 5.

During the June 26 hearing, both counsel requested that Judge Dayna Dayson continue the preliminary hearing that was scheduled to occur on June 26 to Aug. 16. Counsel didn’t discuss why they wanted to continue the hearing in open court.

Surveillance footage shows Richardson being assaulted by four men, according to court documents.

Richardson was initially captured on camera being chased by four suspects, documents state. The men involved in the incident chased Richardson into an intersection and surrounded him.

Apparently, the men took turns striking Richardson with a milk crate and then throwing it at him. One man threw an unknown shiny object at Richardson which caused him to lose his balance.

In the the footage, Pinkett and Johnson were seen “rifling through [Richardson’s] clothing,” according to court documents. The suspects then fled the scene, leaving Richardson laying motionless on the street.

Pinkett and Johnson were the only two suspects apprehended.

During an interview with police, Johnson said he was not the one who stabbed Richardson and was not sure who did. He told police that Richardson was the only one with a knife. Johnson said he knocked Richardson’s knife out of his hand with the milk crate.

Murder Defendant Rejects 2nd Degree Plea Deal

During a status hearing June 25, a murder defendant rejected a plea offer from the prosecution.

Torey Stockton is charged with first-degree murder while armed for his alleged role in the death of 23-year-old Jasmine Light on the 2000 block of 16th Street, SE in 2018. According to court documents, Light was an unintentional victim of a drive-by shooting. Stockton is being held at DC Jail without bail

If Stockton, 21, had decided to plead guilty to second-degree murder, he could have received a prison sentence spanning from 12 to 24 years. The plea would have required a lower sentence than the mandatory minimum required by the District of Columbia Sentencing Commission’s Voluntary Sentencing Guidelines.

According to the guidelines, Stockton could receive a maximum sentence of 60 years in prison. The lowest sentence he could face is 30 years in prison.

The prosecution also told DC Superior Court Judge Dayna Dayson that “there may be a couple of additional [DNA] testings.” Judge Dayson reminded counsel that, if they intended to do further testing, they must inform the defense.

According to court documents, a witness believed there were two or three individuals in the vehicle with Stockton.

In addition to the murder charge, Stockton is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed, assault with significant bodily injury while armed, carrying a pistol outside a home or business, tampering with physical evidence and obstruction of justice.

Kayla Thompson, a co-defendant in this case, was also present in court. Thompson is charged with obstruction of justice. She is currently released on personal recognizance.

Stockton and Thompson, are scheduled for a status hearing on Sept. 26.