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Prosecution Locates 3 Missing Witnesses for Murder Trial

During a hearing on April 9, the prosecution in a murder case announced they located three of their six missing witnesses and are prepared to proceed to trial.

Derryck Decuir is charged with first-degree murder while armed for his alleged involvement in the death of 15-year-old Malek Dayvon Mercer on the 2800 block of 28th Street, SE, in 2015. Decuir, 26, has been tried twice before. Both trials resulted in mistrials after the juries could not come to a unanimous decision regarding Decuir’s murder charge.

D.C. Superior Court Judge Craig Iscoe said he signed material witness warrants on April 5 and April 8. Apparently, all six witnesses testified in Decuir’s previous trials.

The three located witnesses appeared in court on April 9 and signed notices agreeing to testify in the upcoming trial.

Judge Iscoe “quashed” the three material witness warrants, but said he would issue new warrants if the witnesses failed to appear in court for the trial. He also permitted the prosecution to introduce transcripts of previous witnesses testimony if the remaining witnesses are not located.

D.C. Witness previously reported that a jury found Decuir guilty of unlawful possession of a firearm with a prior felony, carrying a firearm without a license with a prior felony, obstruction of justice and tampering with physical evidence in connection to Mercer’s death.

Decuir was sentenced for the firearms, obstruction and tampering charges in August of 2018. He is currently serving a 23-year sentence.

The trial is scheduled to begin on April 10.

Judge Schedules Trial for Defendant Without Indictment

A DC Superior Court judge set a trial date in a codefendant murder case even though one of them hadn’t been indicted as of April 8.

Gabriel Brown and Antonio Upshaw, 29, are charged with first-degree murder while armed and robbery while armed for their alleged role in the shooting death of 24-year-old Tyrone Johnson on the 2300 block of Pennsylvania Avenue, SE in 2017. They are both being held without bail.

Jordan Woods was also arrested in connection to Johnson’s murder, however, the prosecution didn’t bring charges against him, according to the United States Attorneys Office for the District of Columbia.

“It makes no sense to wait for the second indictment,” Judge Todd Edelman said.

Per the defense’s request, Judge Edelman scheduled Brown and Upshaw’s trial on June 1, 2020, despite Brown, 30, not being formally indicted.

Upshaw’s indictment was filed on Sept. 26, 2018.

The prosecution said Brown’s indictment would be filed before the deadline. “We don’t have a specific timeline,” the prosecutor said. According to the Code of the District of Columbia, the prosecution has nine months to file an indictment. 

Brown and Upshaw are scheduled for a trial readiness hearing on May 17.

Document: Homicide on Benning Road, NE

The Metropolitan Police Department is investigating a homicide that occurred on the 3400 block of Benning Road, Northeast.

According to a press release, during the evening hours of April 8 police arrived on Benning Road on a report of an assault and found a man unconscious and unresponsive. The man was brought to a nearby hospital, where he later succumbed to his injuries.

The police have not yet identified the victim.

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 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.



4 9 19 Homicide 3400 Block of Benning Road, Northeast (Text)

Court of Appeals Reverses Substantial Probability in Murder Case

On April 8, a DC Superior Court judge said the Court of Appeals reversed his substantial probability finding in a murder case.

Darrise Jeffers is charged with first-degree murder while armed for his alleged involvement in the shooting death of 10-year-old Makiyah Wilson on the 300 block of 53rd Street, NE in 2018. Wilson was apparently in the area getting ice cream and was an unintended target.

Jeffers’ defense attorney, Veronice A. Holt, said the Court of Appeals saw more footage than DC Superior Court Judge Craig Iscoe when he reviewed the case on Jan. 10. She said that during the preliminary hearing the prosecution only showed “snippets” of surveillance footage that made her client look guilty.

Apparently, after reviewing the additional footage, the Court of Appeals ruled on April 5 to reverse Judge Iscoe’s substantial probability finding that Jeffers, 19, was involved in Wilson’s death. Even though the Court of Appeals reversed Judge Iscoe’s ruling, Jeffers is still charged with the crime. 

Holt also said she initially didn’t receive the full surveillance footage from the prosecution and requested more time to review the evidence.

Judge Iscoe granted Holt more time to examine the evidence and scheduled a felony status conference on April 11.

Police said the shooting seemed to stem from a disagreement between two neighborhoods. According to court documents, surveillance footage captured four suspects exiting a black sedan and firing toward 53rd Street. The prosecution said Jeffers was not at the scene during the shooting, but that he assisted the shooters by acquiring and storing guns.

Police also arrested Marquell Cobbs, 17; Mark Tee Price, 24; Quentin Michals, 21; Gregory Taylor, 23, and Qujuan Thomas, 20, in connection to Wilson’s death. Quanisha Ramsuer, 25, was charged with obstruction of justice.

Cobbs, Price, Michals, Taylor and Thomas are currently being held without bail. Ramsuer has been released on personal recognizance under the High Intensity Supervision Program. All of the defendants are scheduled for a felony status conference on May 23.

Document: Police Arrest Suspect in 2018 Homicide

The Metropolitan Police Department announced April 8 an arrest was made in connection to a 2018 fatal shooting in Northeast DC.

According to a press release, Reginald Turner was arrested and charged with first-degree murder while armed for his alleged role in the death of 37-year-old Malik Muhammad on the 800 block of Taylor Street, NE on November 26, 2018. Police say Muhammad was brought to a nearby hospital, where he succumbed to his injuries on December 1.

Turner, 34, is scheduled to be presented in court April 9.



4 8 18 Arrest Made in a Homicide 800 Block of Taylor Street, Northeast (Text)

Defendant Pleads Guilty to 2018 Stabbing

During a hearing April 8, a murder defendant pleaded guilty to his role in the death of a 53-year-old man.

Antoine Little pleaded guilty to second-degree murder while armed for his role in the death of Curtis Barnum on the 3700 block of Minnesota Avenue, NE in 2018. Little, 42, was initially charged with first-degree murder while armed. 

The prosecution downgrade Little’s murder charge and dismissed his charges from three unrelated cases, including bail violation and attempted threats to do bodily harm.

Contingent on the judge’s approval, Little could be sentenced to a maximum of 18 years in prison.

A proffer of facts state that Little encountered Barnum at a Valero Gas Station on Minnesota Avenue, NE. The two got into a verbal altercation. Apparently, when Barnum got into his car, Little got into the passenger seat and stabbed him multiple times. Little then pushed Barnum out of the car and drove away.

The prosecutor said shortly after the murder, police saw Little driving Barnum’s car. A high speed chase ensued and Little escaped.

According to court documents, Little was later arrested in connection to an unrelated case and was identified by a witness.

Little is scheduled to be sentenced on June 14.

Missing Witnesses Cause Delay in Murder Trial

The day a murder trial was scheduled to begin, a DC Superior Court judge delayed jury selection after the prosecution said they are missing six witnesses.

Derryck Decuir is charged with first-degree murder while armed for his alleged involvement in the death of 15-year-old Malek Dayvon Mercer on the 2800 block of 28th Street, SE, in 2015. Decuir, 26, has been tried twice before. Both trials resulted in mistrials after the juries could not come to a unanimous decision regarding Decuir’s murder charge.

The trial was scheduled to begin on April 8. D.C. Superior Court Judge Craig Iscoe continued the trial to April 9.

“This is not a situation where the government can’t find witnesses. This is a situation where these witnesses aren’t showing up,” the prosecution said.

The prosecution said they were “zealously” trying to secure six material witnesses who they have not been able to locate. They said that all six witnesses have testified in Decuir’s previous trials.

“I am quite concerned for the number of material witnesses, all of whom would not be coming in voluntarily,” Judge Iscoe said. He said bringing the witnesses to court involuntarily could impact the credibility of their testimonies.

Judge Iscoe said he signed material witness warrants on April 5. None of the prosecution’s witnesses have been apprehended as of April 8.

“We are trying to go to trial,” the prosecution told the court. The prosecution said they would file motions to declare the witnesses unavailable if they could not be located.

D.C. Witness previously reported that a jury found Decuir guilty of unlawful possession of a firearm with a prior felony, carrying a firearm without a license with a prior felony, obstruction of justice and tampering with physical evidence in connection to Mercer’s death.

Decuir was sentenced for the firearms, obstruction and tampering charges in August of 2018. He is currently serving a 23-year sentence.

Document: 2 Die in Traffic Collision on I-295

The Metropolitan Police Department is investigating a fatal traffic collision that occurred on Interstate 295 in the Southbound direction.

The collision claimed the lives of 36-year-old Lance Antonio Way, a resident of Silver Spring, Md. and 53-year-old Audrey Wimbish.

According to a press release, during the early morning hours on April 5, a person driving a 2015 Kia Optima was driving northbound in the southbound lanes. The Optima collided with a 2010 Mercedes Benz that was traveling southbound and then struck a 2014 Toyota Corolla. In an attempt to avoid the crash, a person driving a Chevrolet Suburban made an evasive maneuver, which caused the vehicle to lose control and crash into a concrete barrier.

The operators of the Optima and the Suburban died, while the occupants of the Mercedes Benz and the passenger in the Suburban were transported to an area hospital for non-life threatening injuries. The operator and occupants in the Corolla did not sustain injuries.



Document: Homicide on Wagner Street, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on 2400 block of Wagner Street, SE.

According to a press release, during the early morning hours officers found 28 year-old Montray Brown suffering from multiple gunshot wounds. The victim died on the scene.

According to D.C. Witness data, Brown’s death is the 44th homicide in DC this year. There were 35 homicides during this same time last year.

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 DC. Anyone with information is asked to call the police at 202-727-9099.  Anonymous information may be submitted to the department’s  Text Tip Line — 50411.



Judge Sets Trial Date in Double Homicide

 

 

 

 

 

 

 

 

During a status hearing April 8, a DC Superior Court Judge set a trial date for a double homicide.

Alonzo Lewis is charged with two counts of first-degree murder while armed, among other charges, for his alleged role in the deaths of 35-year-old Venius Badgett and 40-year-old Jaquon Helm on the Unit block of Galveston Street, SW in May of 2018.

After taking the prosecution and defenses’ availability into account, Judge Danya Dayson scheduled Lewis, 33, to go to trial on July 27, 2020. She also scheduled a trial readiness hearing on July 17, 2020.

During the hearing, Lewis’ defense attorney, John Fowler, notified the court he was missing some discovery evidence, including reports and information pertaining to witnesses and police officers. However, Fowler said he’s working with the prosecution to address the issue.

According to court documents, an 11-year-old witness said that Lewis’ romantic partner got into a physical altercation with Badgett before Helm pulled Badgett away. Another witness said Lewis shot both Badgett and Helm following the incident.

D.C. Witness previously reported that Helm and Badgett were married for six years and had five children, who were not harmed in the shooting.

Lewis is scheduled for a status hearing on July 19.

Judge Appoints New Counsel for Murder Defendant

During a status hearing April 8, a DC Superior Court judge dismissed a murder defendant’s attorney and appointed new counsel.

Nyekemia Everett is charged with first-degree murder while armed and conspiracy, among other offenses, for his alleged role in the death of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017. His codefendant Malik Hewitt is also charged in connection to Heard’s death.

After speaking with Everett and his attorney, Laurence Socci, under seal, Judge Danya Dayson granted Socci’s motion and dismissed him. Judge Dayson said defense attorney Michael Madden will represent Everett, 33, moving forward.

According to DC Courts, Socci filed a motion to withdraw on March 27.

Everett and Hewitt, 38, are scheduled for a status hearing on April 18.

Defense Attorneys Address Prosecution’s Previous Misconduct

On April 5, the  defense requested to schedule another hearing to address the prosecution’s misconduct during a trial that occurred from Jan. 23 to March 6.

Co-defendants Monte Johnson and Jalonte Little are charged with first-degree murder while armed for their roles in the death 22-year-old Deeniquia Dodds, also known as Gregory Dodds, on the 200 block of Division Street, NE in 2016.

Defense attorneys, Brandi Harden and Kevin Irving, requested to schedule a hearing to address the prosecution’s misconduct during Johnson and Little’s previous trial that resulted in a mistrial. The attorneys said they were possibly going to submit motions to dismiss Johnson and Little’s cases.

“[The] misconduct from before needs to be addressed,” said Harden. “It rose to the level of obstruction of justice.”

Apparently, there were concerns that the prosecution attempted to coerce a witness and engaged in jury tampering.

According to Harden, the prosecution made these actions “because they believed the case [against Johnson and Little] was so weak.”

“There has to be a hearing,” said Irving. “Grounds for dismissal is still on the table.”

However, the prosecution said there was no evidence of misconduct.

“The conduct that took place during the course of the trial is troubling,” said DC Superior Court Judge Milton Lee.

Johnson and Little have a status hearing scheduled on Aug. 2.

Brothers Cyheme Hall, 23, and Shareem Hall, 25, are also charged for the murder. Shareem is pending a preliminary hearing, and his brother’s case has not been updated on the DC Courts’ website. 

 

Judge Denies Releasing Murder Defendant

On April 5, a judge denied releasing a murder defendant on bail.

Alonzo Brown, Stephon Evans and Carlos Turner are charged with first-degree murder while armed for their alleged roles in the shooting death of 22-year-old Michael Taylor at an apartment complex on the 1700 block of Benning Road, NE on Jan. 12. According to court documents, two other people also sustained non-life threatening injuries. It is not clear if Taylor was the intended target. 

DC Superior Court Judge Todd Edelman denied bail, saying Evans was a danger to society. The judge based his decision on ammunition and firearm parts that police found in Evans, 18, home and a police interview where Evans identified himself, Turner and Brown on surveillance footage captured shortly before the murder.

However, defense attorney, Joseph Caleb, said the only evidence connecting Evans to the crime is an identification by a police officer, which Caleb called “unreliable.” Caleb said the officer had not patrolled the neighborhood for almost a year before identifying Evans as a suspect in Taylor’s murder.

According to court documents, surveillance footage shows four armed men walking near the complex on Benning Road. Apparently, Brown and Evans were part of a gang, and family members told police that the shooting was in retaliation for the death of Shamar Marbury, another member of the gang, which occurred earlier in January. 

Evans, Brown, 22, and Turner, 20, are scheduled for another felony status conference on July 2.

Defendants Plead Not Guilty to Murder

After waiving a formal reading of their indictments, two murder defendants pleaded not guilty to fatally shooting a man in 2018.

Charles Young and Steven Robin are charged with first-degree murder while armed for their roles in the death of 29-year-old Kenneth Poindexter on the 4700 block of Benning Road, SE on Jan 20, 2018.

During the hearing on April 5, DC Superior Court Judge Todd Edelman asked defense attorneys Michael Madden and Ronald Resetarits if they wanted to independently test DNA evidence. The prosecution previously conducted DNA testing and counsel said the results were handed to the defense. Both defense attorneys said they needed more time to speak with their clients.

Judge Edelman scheduled a status conference on May 3, so counsel could discuss what evidence needs to be tested.

D.C. Witness previously reported that Young was indicted by a grand jury in December for first-degree murder while armed and a related gun charge.

According to court documents, a witness said that four men exited a white Mercedez Benz shortly before Poindexter’s murder, and that three of the men were armed with firearms. Apparently, a man named “Chilly,” which is Young’s nickname, owned a white Mercedez Benz.

A trial for Young and Robin is scheduled on Sept 30.

Prosecutor Agrees to Hand Over Evidence for Murder Trial

During a felony status conference April 5, a prosecutor agreed to hand over all evidence to the defense in preparation for a murder trial.

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

During the hearing, a prosecutor said she turned most of the case’s evidence over to defense attorneys with the exception of a transcript to a video interview. The transcript would be available to defense on April 9, the prosecutor said.

DC Superior Court Judge Todd Edelman said that prosecutors had until the end of the year to secure an indictment for Ndiaye, who is 19 years old.

D.C. Witness previously reported that Judge Edelman said Ndiaye was a danger to the community and found substantial probability that Ndiaye shot Ruth. Ndiaye is currently being held without bail.

According to court documents, witnesses said Ruth was driving in a green Honda Accord with friends before he was shot. The car was found burned a week after the murder.

Another felony status conference is scheduled on June 21. A trial date has not been scheduled as of April 5.