North Capitol Murder Defendant Rejects Plea Offer

A murder defendant scheduled for trial before DC Superior Court Judge Rainey Brandt at the end of the month rejected a plea deal on July 23.

Franklin Dorn, 45, is charged with second-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of Antonio Brown, 28, on Aug. 6, 2023 on the 1200 block of North Capitol Street, NW.

According to court documents, surveillance footage shows an individual, who prosecutors claim is Dorn, and another unidentified suspect getting in a physical altercation.

In the footage, the individual identified as Dorn pulls out a gun and attempts to hit the other suspect. The suspect falls on the ground and pulls out a gun. The footage shows Brown behind Dorn, the other suspect shooting in their direction, and Brown falling backwards. Dorn, the other suspect, and witnesses run away.

During the hearing, the prosecution placed a plea offer on the record for voluntary manslaughter. Dorn’s defense attorney, Kevin Irving, rejected the plea offer, stating the defense has a counter offer which was not specified in court.

Parties are scheduled to reconvene on July 31.

Bench Warrant Returns Carjacking Defendant to Court, Denied Release

A carjacking defendant was denied release following probation violations in front of DC Superior Court Judge Deborah Israel on July 23.

Asia Barber, 30, pleaded guilty on Feb 23, 2024, to robbery and unauthorized use of a motor vehicle. The charges stem from her involvement in a carjacking incident that took place on the 4000 Block of Wisconsin Avenue, NW on June 19, 2023.

Barber’s defense attorney, Colin Dunham, requested that Barber be released on GPS monitoring due to recent health issues so she could take part in drug treatment.

However, Judge Israel rejected the defense argument, noting Barber was not in contact with her probation officer, was the subject of a bench warrant, and was only in court because she was rearrested.

“Straight release in the community isn’t gonna fly” Judge Israel stated.

Judge Israel also said the defense must come up with a plan for inpatient drug treatment that was acceptable to court officials.

Parties are slated to reconvene Aug. 21.

Attorney Wants Minimum Sentence for Carjacking Defendant

A defense attorney requested the minimum sentence for a carjacking defendant carjacking during a sentencing hearing before D.C. Superior Court Judge Judith Pipe on July 18.

Daquan Jackson, 28, was convicted of unarmed carjacking and possession of a firearm during a crime of violence. The charges stemmed from a March 3 incident on the 1000 block of H Street NE, in which Jackson attempted to take a scooter from the victim.

The prosecution requested that Jackson receive 36 months of incarceration with three years of supervised release. They stated that police were stopped at a red light when the incident occurred and were able to intervene before the carjacking was completed.

Prosecutors also said Jackson has not been compliant with conditions of release in the past. In 2018, he was charged with escaping federal custody in U.S. District Court for refusing to return to a halfway house while on probation.

Jackson’s defense attorney, Sarah Kopecki, asked Judge Pipe to impose the minimum sentence of 18 months of incarceration with three years of supervised release. She said Jackson lacked parental care during his upbringing and recently witnessed the killing of a close childhood friend, but the combination of this case and other charges has struck a chord with him.

Kopecki argued that, if Jackson were released, she believed he would abide by his conditions of release. She cited his cooperation with the court in another case, in which he testified before the grand jury, and the support he receives from his fiancée, who was present in the courtroom.

Jackson apologized for his actions and thanked his fiancée for her support.

Judge Pipe stated that this was not the worst case she had presided over, noting that the victim was never fully pushed off the scooter. However, she expressed concern over Jackson’s extensive criminal history. She sentenced him to 24 months of incarceration with three years of supervised release and ordered him to pay $100 to the Victims of Violent Crimes Fund.

Defense Fights Prosecution Video in Metro Shooting Case

Defense attorneys objected to the prosecution’s editing of surveillance video footage and their late disclosure of evidence during a trial before DC Superior Court Judge Danya Dayson on July 17.

Demann Shelton, 32, is charged with three counts of assault with intent to kill while armed, assault with significant bodily injury while armed, three counts of assault with a dangerous weapon, seven counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. The charges stem from an incident in which the suspect allegedly aimed a gun at a group of five people, then opened fire, injuring one victim, on Nov. 9, 2020, near the busy Columbia Heights Metro Station on the 3000 block of 14th Street, NW.

Shelton’s defense attorneys, Emma Mlyniec and Emily Sufrin, argued that the surveillance video footage shared by the prosecution on July 16 should have been turned over months earlier, when the defense first requested available video. The footage purportedly showed that the Metropolitan Police Department (MPD) officer who testified he was looking at the defendant when the first shot was fired had actually been looking the other way.

The prosecution argued they were not aware then that the footage had been preserved. They also claimed that only one video captured the shooting, while Mlyniec and Sufrin claimed multiple videos existed and accused the prosecution of misrepresenting the footage. They requested the judge issue a jury instruction addressing the apparent failure to preserve evidence and disclose all available video.

When the jury returned, Judge Dayson informed them the prosecution failed to disclose all the footage as was legally required. Additional footage submitted by the defense was admitted into evidence.

Sufrin asked Judge Dayson to reject the prosecution’s argument that the defendant acted with both intent to frighten and intent to injure. She argued that one victim could not see the shooting and thus could not be a target.

Judge Dayson maintained that pointing a gun alone could show intent to frighten. Disagreeing with Sufrin’s arguments, she ruled that both charges were appropriate.

The prosecution introduced a compilation of footage, connecting the surveillance footage to an officer’s cell phone footage of the scene. They noted the cell footage had a frame rate that was double the frame rate of the surveillance footage.

Sufrin objected to the compilation, arguing that the edited footage created new evidence. She argue that disparities caused by the different frame rates could mislead the jury.

Judge Dayson acknowledged the difficulty of interpreting the footage frame by frame but said both sides had tried to align video clips. The prosecution agreed to instruct the jury about how to view the videos.

Sufrin asked the court to exclude some footage that she argued was outside the scope of the case. The prosecution agreed to shorten the compilation.

A US Attorney’s Office litigation technology specialist, called as a prosecution witness, testified that he created the video compilation for the prosecution. Sufrin asked for all emails related to his editing of the footage, which he turned over immediately for review.

The trial is set to resume for closing arguments on July 18.

Judge Weighs Fateful Motions in Shooting Case

DC Superior Court Judge Neal Kravitz ruled on key motions that could determine the fate of two shooting defendants previously convicted of other crimes in a hearing on July 22.

Daquawn Lubin, 30, and Jonathan Young, 35, are charged with conspiracy, two counts of assault with intent to kill while armed, assault with significant bodily injury while armed, aggravated assault while armed, four counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and unlawful possession of a firearm with a prior crime of violence.

Lubin is also charged with possession of a prohibited weapon. These counts stem from their alleged involvement in a non-fatal shooting that injured two on the 4000 block of Benning Road, SE, on July 24, 2023.

During the hearing, Lubin’s attorney Kevin O’Sullivan moved to exclude testimony from a witness who is a car rental employee. He argued the information—that Lubin rented the vehicle—was not disputed and therefore irrelevant.

Prosecutors countered, saying the witness also identified Lubin in surveillance footage from the day of the shooting, which they said was crucial for establishing identity.

Judge Kravitz postponed a decision on the motion, citing the need to first address whether someone who didn’t witness the crime can reliably identify a suspect in surveillance footage, particularly when their prior interaction with the individual was brief. The rental employee had only met Lubin once, and wasn’t shown the footage until three weeks later.

O’Sullivan also moved to suppress information about children being in the area just before the shooting suggesting they were in danger at the time.

The prosecution did not object, clarifying the video was being used solely to establish the defendants’ intent to target the alleged victims. Judge Kravitz granted the defense motion.

Judge Kravitz also granted a motion that would exclude mention of the defendants’ previous conviction for unlawful possession of a firearm.

In an unusual circumstance, Judge Kravitz said if the jury finds the defendants’ guilty of the firearms charge, then he has the option of informing the jury of the previous convictions. If any of the jurors wanted to then consider a verdict on the more serious charge they could.

The hearing concluded with a motion to exclude expert testimony, which the defense argued was untimely.

The prosecution attempted to obtain reports on cell site data used to determine phone locations for the defendants but had not been able to get the information.

Judge Kravitz granted the defense motion but would reconsider if the reports are obtained and the prosecution files a new motion.

Parties are set to reconvene July 23.

Stabbing, Kidnapping Defendant Pleads Guilty After Violating Stay Away Order

During a felony status conference on July 21, a domestic violence defendant pleaded guilty before DC Superior Court Judge Judith Pipe after an additional charge was added for breaking a stay-away order.

Walter Romero-Ventura, 32, was originally charged with kidnapping while armed and assault with a dangerous weapon for his involvement in a kidnapping and stabbing on May 6, 2024, on the 1300 block of 15th Street, NW. Romero was arrested on May 20, 2024,

According to court documents, after the victim got off work, Romero, her boyfriend at the time, approached her at a metro station and grabbed her by the hand and neck. Romero then attempted to force her into a vehicle. When the victim resisted, Romero used a box cutter and stabbed her, threatening to kill her if she didn’t get into the vehicle.

A contempt charge was added to the plea deal in March after Romero called the victim, violating the stay-away order.

After initially refusing the plea offer, Romero’s attorney, Henry Escoto, convinced Romero to accept the deal. Romero pleaded guilty to one count of simple assault and one count of felony contempt. The prosecution will not seek indictment on greater charges but will reserve a sentencing recommendation.

However, Judge Pipe made it clear that given the extreme circumstances of the original case, she could have imposed a life sentence, even though felony contempt is a lesser charge. Under the plea the maximum sentence would be 180 days imprisonment and/or a $1,000 fine for his guilty plea

Judge Pipe ordered that the probation department do a pre-sentence report.

Parties are set to reconvene for sentencing on Sept. 26.

After Initial Detention, Judge Grants Carjacking Suspect’s Release

DC Superior Court Judge Carmen McLean granted pre-trial release to a carjacking defendant on July 10 based on claims that his detention was unjustified by the facts.

Zyon Prince, 18, is charged with unarmed carjacking for allegedly stealing a moped, a motorized bicycle, on March 24 on the 1100 block of T Street, NW.

According to court documents, two suspects assaulted the victim and stole his scooter, which was tracked and recovered using a hidden Apple Airtag. Prince was found in the vicinity of the incident, wearing clothing similar to the description an eyewitness gave police. The identity of the second suspect is still unknown to law enforcement.

Defense attorney Raymond Jones asked Judge McLean to release Prince based on a March motion contesting statements from a Pretrial Services Agency (PSA) representative at Prince’s preliminary hearing. The PSA representative said Prince failed to complete a Deferred Sentencing Agreement (DSA) and had been removed from supervision, but Jones said Prince had reportedly completed the DSA.

According to Jones, the prosecution ignored his motion and made inaccurate representations to DC Superior Court Judge Robert Hildum that led him to detain Prince.

The prosecution opposed Prince’s release, arguing that the carjacking was a violent act against a complete stranger, and releasing Prince was a risk to public safety.

Jones rebutted, claiming the prosecution was exaggerating key evidence.

“The government’s case is not as strong as they’d like to believe,” said Jones.

Jones argued that nothing shows Prince took the moped. He said police body-worn camera footage merely showed Prince walking past the moped multiple times, and claimed the prosecution was charging Prince for having been nearby. .

Judge McLean interrupted Jones’ arguments to say she was granting the motion for release, having been sufficiently persuaded.

Prince was released with GPS monitoring, on the condition that he stay away from the victim and the location where the offense occurred.

Parties are slated to reconvene August 25.

Document: MPD Arrests Suspect in Southeast Shooting

The Metropolitan Police Department (MPD) announced the arrest of 28-year-old Marquis Jenkins, who was allegedly involved in a shooting on July 3 in the 3700 block of 9th Street, SE. The incident resulted in 1 surviving victim who sustained a non-life-threatening gunshot wound and was treated at a hospital. Jenkins was charged with Assault with A Dangerous Weapon.

Document: MPD Investigating Southern Avenue Fatal Crash

The Metropolitan Police Department (MPD) announced they are investigating a fatal motorcycle crash that occurred on July 20 at the intersection of 51st Street and Southern Avenue, SE. The incident involved a fatal collision between a 2004 Suzuki motorcycle and a pickup truck. The motorcyclist, identified as 50-year-old Billy Earl Canty, was pronounced dead after being transported to a hospital, while the second vehicle fled the scene.

Shooting Defendant Shot On Probation, Misses Hearing

A defendant in an assault case missed his probation hearing in front of DC Superior Court Judge Jennifer Di Toro on Jul. 18 after being shot while on release.

Joseph Washington, 23, was convicted of assault with a dangerous weapon and carrying a pistol without a license for his involvement in a shooting that injured two individuals on Oct. 8, 2022, on the 5000 block of Astor Place, SE.

After the scheduled time of Washington’s hearing, a representative from the Pretrial Services Agency (PSA) informed the court that Washington’s absence was due to being hospitalized for gunshot wounds.

There is currently no further information surrounding the incident.

Parties are slated to reconvene Aug. 20.

Murder Co-Defendant Considers Withdrawing Guilty Plea at Sentencing

DC Superior Court Judge Danya Dayson delayed co-defendants’ sentencings on July 11 for one of them to consider withdrawing his guilty plea.

Bobby Gupton and James Outland, both 27, accepted a prosecution offer on April 4, pleading to second-degree murder while armed. Their charges stemmed from the fatal shooting of 54-year-old Tavonayna Glenn on June 28, 2023, on the 700 block of 19th Street, NE.

Outland’s defense attorney, Howard McEachern, asked for a continuance in the case following discussions with Outland regarding a potential withdrawal of his guilty plea.

The prosecution noted that the plea deal taken by the co-defendants is wired, meaning the validity of its conditions relies on all parties accepting the offer. Thus, they argued that if Outland were to withdraw his guilty plea, the prosecution would also have to withdraw Gupton’s offer.

Gupton’s defense attorney, Lisbeth Sapirstein, argued that according to her reading of the plea document, Gupton could still go through with sentencing so long as his sentencing were to occur prior to Outland’s successful plea withdrawal, noting that this reflected the reality of the situation at present. McEachern, acknowledging he was not there to represent Gupton, agreed with Sapirstein’s reading.

The prosecution objected arguing that every element of the co-defendants’ pleadings are connected, reiterating that Gupton cannot be sentenced to the lesser plea charge if Outland withdraws.

Judge Dayson affirmed that she would not proceed with any sentencing during the July 11 hearing. She indicated that she was prepared to set a sentencing date for Gupton but was also willing to hear arguments from both parties prior to that date.

Judge Dayson asked Sapirstein to submit a pleading with her request that the court continue with Gupton’s sentencing. Referring to the prosecution’s intention to withdraw Gupton’s plea if Outland withdraws his own, she said “I’m not sure the language of the agreement precludes what they are asking.”

Parties are set to reconvene for each case separately on Aug. 15, Gupton for sentencing and Outland for a status hearing.

Defendant in Son’s Shooting Waives Trial, Pleads Guilty

A defendant pleaded guilty to voluntary manslaughter for the death of his child in front of DC Superior Court Judge Neal Kravitz on July 21.

JD Wheeler, 26, is charged with second-degree murder, first-degree cruelty to children, second-degree cruelty to children, carrying a pistol without a license, possession of an unregistered firearm, unlawful possession of ammunition, tampering with physical evidence and contempt of court. All charges were committed while the defendant was on release for two previous charges relating to firearms in 2021. The charges stem from his alleged involvement in the fatal shooting of his son, 23-month-old Legend Wheeler, on the 2300 block of Chester Street, SE, on Nov. 24, 2021.

The hearing was originally scheduled for Judge Kravitz to rule on whether evidence obtained through the Instagram social media platform would be admissible in court.

However, Wheeler decided to waive his right to trial, and entered a plea deal. In addition to the manslaughter charge, Wheeler also pleaded guilty to carrying a pistol without a license in connection to a separate gun case that happened in 2024.

All other charges in both cases were dropped as part of the plea.

Wheeler faces a sentence between four-to-ten years of incarceration and will be held until sentencing, which is scheduled on Oct. 31.

Murder Defendant Pleads Not Guilty

A fatal shooting defendant pleaded not guilty before D.C Superior Court Judge Danya Dayson in a hearing on July 18.

Iesha Marks, 31, is charged with first-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm for her alleged involvement in the murder of 46-year-old Donald Childs on July 30, 2023, on the 100 block of Farragut Street, NW.

Marks’ defense attorney, Nikki Lotze, asserted Marks’ constitutional rights, including the right to a speedy trial. She asked the prosecution to disclose all evidence to which the defense is entitled.

Marks was originally scheduled to be arraigned with her co-defendant, Daniel Bangura, who is also charged with first-degree murder while armed. US Marshals told the court Bangura was not at the DC jail, but they did not know why, and Judge Dayson waived his appearance.

Lotze asked for Marks’ appearance to be waived at the next hearing, which Judge Dayson granted.

Parties are slated to reconvene Aug 8.

Parties Argue Over Evidence Gathered In Child Murder Case

DC Superior Court Judge Neal Kravitz reviewed several motions filed by the parties in a fatal shooting case involving an infant on July 15.

JD Wheeler, 26, is charged with second-degree murder, first and second-degree cruelty to children, carrying a pistol without a license, criminally negligent storage of a firearm, felony murder victim was especially vulnerable due to age or physical infirmity, possession of a large capacity ammunition feeding device, possession of an unregistered firearm, unlawful possession of ammunition, tampering with physical evidence and contempt of court, all committed while on release in another matter. The charges stem from his alleged involvement in the fatal shooting of his son, 23-month-old Legend Wheeler. The incident occurred on the 2300 block of Chester Street, SE on Nov. 24, 2021.

To be found guilty of first-degree cruelty to children, Judge Kravitz noted that the defendant had to have acted “intentionally or recklessly.” The prosecution wants to use witness testimony as well as JD Wheeler’s court release order to show that he had been warned multiple times by several individuals about the dangers of being reckless with firearms, especially around his son.

The information comes from several witnesses, one specific instance happened months before the death of the victim. The witness, who was Legend’s aunt, claimed she went over to JD’s apartment, was asked to move a TV, and saw a firearm on Legend’s bed underneath a pillow. The witness then claimed she berated JD because Legend could have “hurt himself”.

In another instance, a witness, who was identified as JD’s friend, claimed that he had multiple conversations with JD about leaving guns out. He claimed he told JD to “lock it away” from his son.

Sylvia Smith, JD’s attorney, claimed that JD was never specifically told that this was dangerous, and giving someone warnings is not knowledge of how a situation is reckless. Smith asked the court “What exactly was Mr. Wheeler made aware of in that moment?”

Smith went on to argue that the witness never testified if Legend was in the apartment at the time, if he was ever in the same room as an unattended firearm, what gun it was, or if any witness ever expressed their grievances about leaving guns out towards JD in a clear and direct manner.

The defense asked the court for these witnesses to expand on their grand jury testimonies under oath, but Judge Kravitz stated there was not enough time to do so before the trial starts.

Smith argued that using JD’s court release order as evidence would pose a “risk of unfair prejudice” to JD, because the jury may draw inferences about this incident if they are aware of the suspect has other pending matters.

Along with witness testimony, to support the prosecution’s claim of “conscious disregard,” they argued to introduce video and photo evidence gathered from JD’s Instagram account.

The evidence purports to show video of JD flexing an extended magazine in his pants and showing off a hotel room. The prosecution alleges that this video was made the same day one of the witnesses took Legend home because people were smoking, drinking, and partying around him, which she said was inappropriate.

A witness claimed JD had a gun at the event and began “faking”, or flashing, the weapon to the people in the party. The prosecution stated they want to use this as evidence to show JD was in possession of a weapon and that same weapon was the one in the shooting.

Smith disagreed, citing that no gun can be seen in the video. Smith argued that JD just had an extended magazine in his pants and no weapon. Judge Kravitz disagreed with the defense because logically someone would assume there would be a firearm attached.

Crime scene photos were compared to zoomed in portions of the magazine posted on JD’s Instagram, and Judge Kravitz agreed with the prosecution that they appear to be similar, however for it to be admissible as evidence, the prosecution has to prove it to be the same gun.

They plan to call a firearms expert to examine the physical extended magazine recovered from JD’s apartment to conclusively say whether or not it could have been the weapon used in this case.

Judge Kravitz ultimately granted the defense’s motion to sever the contempt charge from the rest of the charges and JD allowed the jury to decide on his enhancement charges thus preventing the jury from knowing that JD was on release for a previous firearm case. Judge Kravitz will rule on the contempt charge and enhancements after trial if he is found guilty.

Judge Kravitz ended the hearing by stating he would make a decision on whether or not the information from the Instagram warrant and other evidence would be suppressed or admissible.

Parties are slated to reconvene on July 21.

Stabbing Suspect Claims to Be US Covert Agent Sent For Mental Observation

DC Superior Court Judge Robert Hildum found probable cause to refer a stabbing defendant’s case to a grand jury, even as the defendant claimed he is a covert agent for the US Government during a hearing on July 18.

Aaren Striplin, 43, is charged with assault with a dangerous weapon for his alleged involvement in a stabbing that injured an individual on the 900 block of G St, NW, on July 5.

According to court documents, Striplin pepper-sprayed and stabbed the victim in an altercation about stolen IDs before turning himself into the police.

Adgie O’Bryant, Striplin’s defense attorney, stated for the record that his client believes he is a covert agent for the US government with connections to various former government officials. Striplin has requested that his contacts be called to testify on his behalf, including former FBI director Christopher Wray.

O’Bryant stated that he is still waiting on the results of Striplin’s mental evaluation. The prosecution said they would not revoke the plea offer on the table, in light of the delay in receiving Striplin’s mental evaluation.

The prosecution called a Metropolitan Police Department (MPD) officer who responded to the incident. Reviewing surveillance footage of the stabbing, the officer identified the attacker as a person said to be Striplin, but admitted he had not seen Striplin at the scene of the crime upon arrival.

O’Bryant objected, reminding the court that the officer had never seen Striplin at the scene. He stated that the officer’s identification of Striplin was based solely on grainy surveillance footage and the testimony of witnesses who had never known Striplin personally.

The officer confirmed that one of the witnesses followed the attacker and observed him entering the police station, which aided in Striplin’s identification.

As Striplin attempted to speak out of turn, Judge Hildum warned him that he would be removed from the courtroom, noting he had done the same thing two weeks prior.

After hearing both parties, Judge Hildum ruled that there was probable cause to proceed to trial. Striplin asserted his right to a speedy trial.

O’Bryant requested the Striplin be placed on release. He stated that Striplin lives at a shelter, is willing to abide by court directives, and will participate in competency restoration programs and pursue other employment.

O’Bryant said for the record that Striplin believes, if he is not placed on release, hostages in Las Vegas and California will most likely die.

Judge Hildum denied Striplin’s release for the safety of the community, and Striplin was returned to Saint Elizabeths Hospital.

Parties are slated to reconvene Sept. 11.

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