Witness Confesses to Killing Teen in 2004, Again

During a murder trail July 22, a witness told a jury that he committed a homicide that another person is being charged with. The witness also confessed to the murder in a previous trial.

Terik McLeod, 33, is charged with first-degree murder while armed with aggrivating circumstances for allegedly shooting Carlton Fisher on Oct. 1, 2006, on the 1100 block of 21st Street, NE. McLeod is also charged with first-degree murder for shooting Devaun Drayton, 17, on the 700 block of 26th Street, NE on March 10, 2004. McLeod’s first trial resulted in a hung jury.

The witness said he murdered Drayton because he stole a gun from him.

Apparently the witness, Drayton and another individual routinely walked to the Langston Clubhouse Grille to get breakfast. However, on the day Drayton was murdered, the walk back from the grille was stoked in tension.

According to the witness, the young men made their way behind Phelps High School, which was a common routine. But this time, the witness said he was upset over a gun that he let Drayton borrow.

In April, the same witness told a jury at McLeod’s first trial that he killed Drayton.

The witness said he let Drayton borrow a gun after the teen claimed his little brother had been robbed.

According to the witness, Drayton said he’d bring the gun back but he didn’t. The witness said Drayton made up a story about losing the gun after a shootout.

“The story didn’t make sense,” the witness said. “I believe he stole from me. His intention was to keep the gun.”

D.C. Witness previously reported that the witness has immunity protection and can’t be prosecuted for any of the information contained in his testimony.

Murder Defendant Pleads Guilty to Voluntary Manslaughter

A murder defendant accepted a plea offer for voluntary manslaughter for a vehicular accident that killed one person and injured another.

Robert Earl Little is charged with voluntary manslaughter for his involvement in the death of 54-year-old David Salovesh. According to court documents, Little, 25 , was speeding and went through a red light while under the influence of PCP, a hallucinatory drug. His actions resulted in a two-car crash that killed Salovesh, who was on a bicycle.

Defense counsel, Blase Kearney, accepted the offer on behalf of Little. According to the District of Columbia’s Voluntary Sentencing Guidelines, Little could face 30 years in prison. However, the prosecution agreed to request eight and a half years.

DC Superior Court Judge Craig Iscoe accepted Little’s plea. I’m “satisfied that there is a factual basis for the plea,” he said.

“I knew there was risk with my actions [but the death] wasn’t intentional,” Little told the judge during a preliminary hearing on July 23. He said he takes full responsibility for what happened and he offered his condolences to the family.

Judge Iscoe said Little’s statement would be taken into account and that statements like those don’t happen often.

Little is scheduled to be sentenced on Sept. 27.

Kearney said he will not be Little’s attorney for sentencing for reasons not disclosed in open court. Before sentencing, Little is expected to receive a new attorney from the Public Defender Service of the District of Columbia.

Judge Finds Substantial Probability that Defendant Could Be Guilty

A DC Superior Court judge found substantial probability that a murder defendant could be found guilty at trial.

Tony Antoine McClam is charged with first-degree murder while armed for allegedly shooting 11-year-old Karon Brown on the 2700 block of of Naylor Road, SE on July 18. The police initially charged McClam with second-degree murder, however Magistrate Judge Renee Raymond increased the charge.

According to court documents, Brown had been seeking refuge in a vehicle when McClam, 29, shot multiple times at the fleeing car.

Defense counsel, James King, told Judge Raymond that substantial probability could not be found based on the defendant’s statement to police, which suggests McClam, 29, acted in self-defense. He said the defendant claimed to have seen the driver reach for what he believed was a weapon.

Judge Raymond said any claim to self-defense is unwarranted because the defendant allegedly shot at the vehicle on three separate occasions. She said there is ‘substantial probability’ that the defendant would be found guilty.

According to “information in the affidavit, specifically statements form the defendant, at no point does anyone shoot at him. McClam decided he was going to shoot at the car on three separate instances,” Judge Raymond said.

The prosecution requested that McClam be held without bail because of the danger he poses to the community and the fact that he refused to give up the gun when he came to speak to the police. Judge Raymond agreed.

McClam’s preliminary hearing is scheduled on Aug. 2.

Document: 2nd Person Dies in Shooting

The Metropolitan Police Department is continuing to investigate a case that now has two homicides connected to it.

According to a press release, 20 year-old Timothy Richardson, a resident of Northeast, DC, succumbed to injuries he sustained in a shooting on the 3900 block of Martin Luther King, Jr. Avenue, SW on July 8.

Police reported that 22 year-old Anfernee Vernon Walker, a resident of Southeast, DC, also succumbed to his injuries on July 8 at a local hospital.

There were four victims shot during the incident, according to police. The other victims’ statuses were not available at the time of publication.

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

Judge Denies Mistrial Motion After Witness Says Defendant Was In Jail

During a murder trial, a judge said July 23 that a witness did not give enough information regarding a defendant’s criminal history to declare a mistrial.

In 2016, a Grand Jury indicted Gary Proctor, 41, on charges for 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 his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs in 2015. The crime occurred on the 1300 block of First Street, SW. Proctor and Diggs were cousins.

Defense attorney, Steven Kiersh, motioned for a mistrial on July 22 after the victim’s brother said Proctor had recently been released from jail.

Judge Dayna Dayson denied the motion, saying the witness did not give enough context and never mentioned what the crime was.

The trial is scheduled to continue on July 24.

After Four Years, A 15 Year Old’s Killer is Finally Sentenced

After three trials over the course of four years, a murder defendant was sentenced on July 23.

Derryck Decuir was convicted of second-degree murder while armed against a minor and possession of a firearm during a crime of violence on May 2 for shooting Malik Mercer on the 2800 block of 28th Street, SE in 2015.

Decuir, 26, was sentenced to 34 years for the murder charge and eight years for the possession charge. The sentences are set to be served concurrently to each other and any other sentence Decuir has received.

DC Superior Court Judge Craig Iscoe also put in a recommendation for Decuir to be placed in a prison close to the District to keep him close to his family.

During Decuir’s sentencing on July 23, the prosecution requested that Judge Iscoe sentence Decuir to 30 years. The prosecutor said the request was “fair” in regards to the evidence provided at trial, including Decuir’s obstruction of justice after the shooting and Decuir’s failure to take responsibility.

The prosecution sought a consecutive sentence because Mercer was a minor.

Decuir will “eventually get out of prison and be able to be with his family, Mercer cannot,” the prosecutor said.

“I’ll never be able to see his face again. All I am left with is 15 years of pictures and memories,” Mercer’s mother told the judge. She requested the maximum sentence as justice for her son’s death.

Defense counsel, Dana Page, requested that the 30-year sentence run concurrently to previous charges. She said she was under the impression that the judge who sentenced Decuir for the possession and obstruction charges “sentenced him as though he got away with murder.”

On Aug. 8, 2018, Decuir was sentenced to 23 years for unlawful possession of a firearm with a prior conviction, carrying a pistol without a license, tampering with evidence and obstruction of justice.

Page said the roles of the defendant and the victim could have easily been switched and that the gun violence involved in this case is a “cultural problem.” She said Decuir is a victim of circumstance.

Decuir apologized for, “the violent world we live in today to have an effect on me.”

During earlier trials, Decuir said the shooting was done in self defense because he thought he saw Mercer pull out a shotgun. Decuir and Mercer did not know each other before the night of the shooting.

Judge Iscoe acknowledged that the case is tragic for both the victim’s family and Decuir. However, Judge Iscoe said that Mercer “will never be back.”

Murder Defendant Accepts Plea Deal, Sentencing Set for November

During a status hearing July 19, a murder defendant pleaded guilty to second-degree murder while armed.

Jerome Wilson, 36, was initially charged with felony murder, robbery and two gun-related offenses for his role in the death of Sean Anderson, 48, on the 2300 block of Good Hope Road, SE on March 24, 2018.

D.C. Witness previously reported that Wilson was the last person with Anderson before he was found dead. Apparently, the men were in Anderson’s apartment smoking crack cocaine and watching pornography.

A witness told police Anderson was armed with a revolver, which a Metropolitan Police Department detective said could have been the murder weapon.

Wilson’s sentencing is scheduled on Nov. 1.

Additional Testing May Prevent Defense from Being Prepared for Trial, Counsel Says

In light of additional DNA testing by the prosecution, a defense counselor told a judge that she is concerned that she won’t be prepared for a murder trial by the time it is set to begin on Oct. 15.

Deon Crowell is charged with first-degree murder while armed for allegedly stabbing Joni Rockingham on the 300 block of 34th Street, NE on Dec. 12, 2017, in the River Terrace neighborhood. According to court documents, Crowell, 50, and Rockingham, 53, were associates. Rockingham was reported missing in November of 2017. Court documents state that several witnesses thought she was targeted because of information she had on previous homicides.

Elizabeth Weller, Crowell’s defense attorney, said her concerns rose because the late testing may not give the defense enough time to conduct independent testing. Weller also said the prosecution had not handed the defense all of the case’s documents.

She said she was mostly concerned with evidence and documents “trickling in and creating problems.”

Weller said the prosecution has had plenty of time to complete testing and turn over documents.

In response, the prosecutor said testing is still being conducted because there is a lot of physical evidence that can only be tested in batches. Court documents state that Rockingham’s remains were found in a garbage can along with an air mattress, a blanket, a sheet, a rope, potting soil and a shopping bag. Police also recovered a knife from a yard on the 300 block of 34th Street.

The additional items that the prosecution is testing were not revealed in open court.

DC Superior Court Judge Dayna Dayson set deadlines for the prosecution to turn over all evidence.

Judge Dayson said her ruling was not made because of any wrongdoing by the prosecution. Instead, the deadlines are so all parties could, “go forward with confidence,” she said.

Crowell’s next hearing is scheduled on Aug. 15.

Document: Homicide on Saratoga Avenue, NE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 1300 block of Saratoga Avenue, NE.

According to a press release, while canvasing the crime scene, officers located 32- year-old Curtis Franklin suffering from multiple gunshot wounds on July 22. He was taken to a local hospital where he was pronounced dead.

Police are offering up to a $25,000 reward 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 also be submitted to the department’s Text Tip Line – 50411.

Document: Homicide on Sherman Avenue, NW

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 2600 block of Sherman Avenue, NW.

According to a press release, while canvasing the crime scene, officers located 30-year-old John Fenner Thomas suffering from multiple gunshot wounds on July 20. He was taken to a local hospital, where he was pronounced dead on July 21.

Multiple Witness Testimonies Conflict in Murder Trial

On July 23, a witness told the jury information that conflicts with the testimonies of two other witnesses.

Terik McLeod, 33, is charged with first-degree murder for shooting Devaun Drayton, 17, on the 700 block of 26th Street, NE on March 10, 2004. McLeod is also charged with first-degree murder while armed with aggrivating circumstances for allegedly shooting Carlton Fisher on Oct. 1, 2006, on the 1100 block of 21st Street, NE. McLeod’s first trial resulted in a hung jury.

Apparently, the witness’s testimony conflicted with the testimonies of a detective, a cooperating witness and another witness who confessed to the murder under an immunity order.

On July 23, the witness said he and his friends were at school on the day of Drayton’s murder. He said Spingarn’s principal called the “21st Street Crew” down to the office.

However, a cooperating witness said he never heard the principal refer to a group of students as a “crew.”

Even if the principal did call the “21st Street Crew” down to the office, the cooperating witness said he would not have gone because it would have labeled him as being from 21st Street. The cooperating witness said that could have resulted in a fight because there are students from multiple neighborhoods attending Spingarn.

According to the witness on July 23, one of the people that was in the office was the man who confessed to killing Drayton.

The man who confessed to killing Drayton never said anything about being at school the day Drayton was killed. In fact, he was not even enrolled at Spingarn at the time, according to court documents.

A detective’s testimony also contradicted the witness from July 23.

The detective told the jury that the individual who confessed to the murder was picked up by police at the crime scene that morning, and was taken to the Violent Crime Branch (VCB) of the Metropolitan Police Department for questioning. At the time, the individual was not a suspect in Drayton’s murder.

The detective said the individual remained at the branch for the entire day.

The trial is scheduled to continue on July 24.

Defense Counsel Motions for Mistrial After Witness Says Too Much

A defense attorney told a DC Superior Court judge that he planned on filing a motion for a mistrial because a witness testified that his client had a criminal history.

In 2016, a Grand Jury indicted Gary Proctor, 41, on 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 charges for allegedly shooting Jerome “Beanie” Diggs, 47. The crime took place on the 1300 block of First Street, SW in 2015. Proctor is the victim’s cousin.

On July 22, Diggs’ brother told the jury that he first met Proctor at his mother’s funeral in 2013. The brother mentioned that Proctor had recently been released from jail.

The prosecution stopped the brother from giving the jury any other details about Proctor’s criminal history. But, Diggs’ defense attorney, Steven Kiersh, said he believes the brother revealed a “profound prejudice” against his client.

Two of Diggs’ neighbors also told the jury that they assisted the victim before he died. “I was trying to save his life,” one of the witnesses told the jury.

According to court documents, Diggs was shot inside his residence. He suffered from multiple gunshots to his torso, according to the Chief Medical Examiner of the District of Columbia.

Before Diggs died he told a witness on the telephone, “Yes, Little Gary shot me. I didn’t call the police. I don’t think I’m going to make it. I just want to let somebody know who shot me,” documents state.

Diggs and his nephew were assaulted by Proctor and Proctor’s father on July 11, 2015, at a cookout in Prince George’s County, Md. Apparently, the assault occurred because Diggs refused to let Proctor sell heroin and cocaine out of his residence, according to court documents. The two men lived across the street from one another.

Judge Dayna Dayson said she would address the motion for mistrial on July 23.

Judge Grants Prosecution’s Request for Indictment Extension

A DC Superior Court judge granted the prosecution’s request for a 24-hour extension on obtaining an indictment for a murder defendant.

Mark Fletcher is charged with second-degree murder while armed for allegedly shooting 25-year-old Travis Barksdale on the 600 Block of Evarts Street, NE. According to court documents, two witnesses said they heard Fletcher, 19, accusing the victim of shooting him a few days before the murder.

During a hearing on July 19, the prosecution told Judge Danya Dayson that she needed an extra day to speak to additional witnesses. According to policy, the prosecution needs to secure an indictment by Aug. 6 , the nine month deadline.

Judge Dayson said the extension wouldn’t prolong Fletcher’s judicial process. Judge Dayson said she will be out of court from the beginning of August until Aug 13.

DC Witness previously reported that the police believe the shooting was related to a neighborhood rivalry between the Edgewood and Saratoga neighborhoods in Northeast, DC.

A felony arraignment is scheduled on Aug. 16.

Judge Gives Defense Counsel More Time to Motion for Separation

A DC Superior Court judge gave defense counsel more time to decide if they would file motions to separate their clients’s cases.

Nyekemia Everett and Malik Hewitt are co-defendants charged with first-degree murder while armed, conspiracy, attempt to commit robbery while armed and possession of a firearm during a crime of violence for their alleged roles in the murder of 37-year-old Christopher Heard. According to a previous report, surveillance footage was used to identify Everett, 33, while a female witness identified Hewitt, 39.

Judge Danya Dayson granted Everett’s defense attorney, Michael Madden’s, request for more time to file motions to separate the defendants’ cases. The original deadline was on July 15, but the defense will now have until Aug. 2 to file.

Judge Dayson rejected a previous severance motion filed by both defendants in February of 2019, when Everett had different counsel.

During the hearing, Madden also told Judge Dayson that he was not ready to proceed with a hearing to decide if the defense would conduct independent testing on DNA evidence. He said that since becoming the new counsel for Everett, he has had three felony trials, which impeded on his ability to give Everett “the attention he needs.”

The prosecution also said a second round of testing was conducted earlier in the year, so defense counsel would have new results to discuss with their clients.

Judge Dayson granted Hewitt the opportunity to have a second hearing to determine if he would conduct independent DNA testing on the evidence as well. According to DC Courts, Hewitt first waived his right to testing on Jan. 3.

A status hearing is scheduled on Aug. 22.

Defendant Receives 6 Years in Prison for Fatal Car Crash

A murder defendant was sentenced to six years in prison for a fatal vehicular crash in 2016.

Timothy Johnson pleaded guilty to involuntary manslaughter and assault with significant bodily injury for killing 50-year-old Kim Moore and injuring four others, including Moore’s daughter, on the 900 Block of Eastern Avenue, NE, on Oct. 29.

Johnson received five years in prison for the involuntary manslaughter charge and one year in prison for the assault with significant bodily injury charge. He also has to pay $200 to the Crime Victim’s Compensation Fund.

Johnson, 31, was initially indicted on charges of second-degree murder, aggravated assault with knowingly grave risk, driving under the influence of alcohol or a drug and reckless driving for Moore’s death and bodily injuries to the other victims connected to the crash.

Per the terms of the plea agreement, the aggravated assault, driving under the influence of alcohol or a drug and reckless driving charges were dropped.

During the sentencing hearing July 19, Johnson’s defense attorney, Ronald Resetarits, requested that Johnson receive less time under supervised release after his prison term.

DC Superior Court Judge Juliet McKenna approved the request, sentencing Johnson to five years of supervised release instead of eight years that had been considered.

According to court documents, Johnson was driving under the influence of PCP, a hallucinatory drug. He was traveling on Eastern Avenue at a high rate of speed when he straddled both lanes and hit Moore’s car, a white Honda Civic.

Johnson sustained injuries in the crash. After he received assistance from a Metropolitan Police Department officer, Johnson fled the scene. A short while later Johnson was apprehended and transported to the hospital where he was charged with involuntary manslaughter, documents state.

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