Judge Finds Substantial Probability Man Shot Member of Paving Crew

During a preliminary hearing May 13, a DC Superior Court judge found substantial probability that a 29-year-old man intentionally killed a man nearly twice his age.

Terrance Barnes is charged with premeditated first-degree murder while armed for his alleged role in the death of 57-year-old Barry Holmes on the 5100 block of Southern Avenue, SE on April 17.

Judge Craig Iscoe said he made his decision based on the evidence outlined in court documents. Judge Iscoe said Barnes intentionally followed Holmes and pulled out a gun. He said Barnes made no attempt to retreat at any point.

According to the lead detective, Holmes was working with a paving crew on Southern Avenue. The detective said a witness told police Barnes and Holmes got into an argument and that Holmes walked away. Another witness said Barnes later followed Holmes, there was a struggle and that a gun went off.

Court documents state that, during a police interview, Barnes admitted that he and Holmes got into an argument. According to the defense, the argument stemmed from Holmes insulting Barnes’ religion. Apparently, Barnes said he walked away to “cool off” but that he later returned and continued arguing with Holmes.

Barnes told police that he had a gun and that he pulled it out because Holmes swung a street sign at him. Barnes said they struggled with the gun and that Holmes pulled the trigger, shooting himself in the process.

Defense attorney, Jeffrey Stein, refuted the judge’s ruling, arguing that Barnes had no intention of shooting Holmes and that his client only pulled out a gun to “display force.” Stein said there was one shot and that it was fired at Holme’s chest and not his back, which is consistent with a struggle.

Judge Iscoe noted Barnes’ lack of a criminal history. He referenced letters written in support of Barnes release, including a letter from his step-son who credits his 3.5 high school GPA to Barnes’ active role in his life. However, Judge Iscoe said he has a “great deal of concern” regarding the danger Barnes presents to the community.

Judge Iscoe ordered Barnes held without bail and noted that Barnes confessed to police following the shooting that he fled, threw the murder weapon in a river and burned his clothes. Judge Iscoe said Barnes’ actions indicate impulsiveness and an inability to follow the law.

The judge also noted two unrelated 2017 civil protective orders. While the cases were ultimately dismissed, Judge Iscoe said the orders were based on threatening and impulsive behavior. Apparently, Holmes choked and punched his girlfriend and threatened to “blow her away.” Judge Iscoe said Holmes also threatened to beat up the girlfriend and her parents.

Barnes is scheduled for a felony status hearing on July 19.

Judge Uses New Directive to Find Probable Cause in Murder Case

A DC Superior Court judge cited a new directive from the Court of Appeals May 13 to find probable cause a murder defendant shot a man in October of 2018

Judge Edelman’s ruling was based on a new directive from the Court of Appeals that says that probable cause can be found if the defendant could be convicted, in trial, of an offense eligible for detention.

During the preliminary hearing, Judge Todd Edelman said probable cause with substantial probability was based on the fact that the only evidence of self defense comes from the defendant. He ordered Marable should continue to be held at DC Jail without bail.

According to court documents, the defendant told police that the woman he was romantically involved with, who was walking with him from the gas station, said, “he pointing at you, he pointing at you.” The defendant said he started shooting when he heard those words.

A detective with the Metropolitan Police Department said the victim was associated with two individuals who were shot at four days before the homicide. Apparently, the shooting was a block away from the crime scene. The detective said the individuals previously assaulted Marable.

The detective also said casings from both crime scenes were identified as a match through a national firearms database. Although the match was never confirmed, the detective said the match is very likely.

According to the police, there was no ballistics evidence that indicates a gun was fired from the lot of the gas station where the victim was sitting in the passenger seat of a car. The detective also said there was no visible evidence of projectiles on the buildings that surrounded the alley Marable and his ex-girlfriend was walking toward.

Casings on the scene were all shot from the same weapon, court documents state.

The defense said the shooting was in self defense because Marable had reason to believe his life was in danger, noting that the victim was staring at the defendant, crouching in an offensive position and associated with people who previously assaulted Marable. The defense also told the judge that the defendant’s ex-girlfriend jumped under a car because she believed a shootout was about to occur.

However, the prosecution said Marable had “no reasonable belief to use deadly force. No reason to turn around and shoot. No reasonable belief [his] life was in danger.”

Marable is still pending a grand jury hearing. He is scheduled for a felony status conference on July 19.

Murder Defendant’s New Attorney Receives Evidence

A murder defendant’s newly appointed defense attorney told a judge May 13 that she received evidence from her client’s previous attorney. The attorney requested a later trial date.

Mark Bowser is charged with first-degree murder while armed and obstruction of justice, among other charges, for allegedly stabbing 39-year-old Tracy Womack on the 4600 block of Benning Road, SE in 2014.

As a result of the counsel change, Bowser, 39, is now slated to go to trial on April 20, 2020. Bowser was originally scheduled to begin his trial on May 13.

According to DC Courts, DC Superior Court Judge Todd Edelman dismissed Bowser’s previous attorney, Jason Tulley, and appointed defense attorney Betty Ballester on April 11. Apparently, Tulley had a conflict of interest.

During the status hearing, Ballester also rejected a potential plea agreement from the prosecution. According to Ballester, the prosecutor said she would possibly extend a plea offer that would include second-degree murder while armed.

Court documents state that Bowser allegedly entered Womack’s apartment as she was sleeping and attacked her. Police found Womack with her pants pulled down, suffering from more than 40 stab wounds.

Bowser is scheduled for a trial readiness hearing on April 3, 2020.

Judge Accepts Defense’s Request to Delay Murder Trial

On May 13, per defense counsel’s request, a DC Superior Court judged pushed a murder trial back by nearly four months.

Denzel Grandson is charged with first-degree murder for allegedly shooting 36-year-old Simwone Milstead on the 2700 block of Langston Place, SE in 2014. Grandson is also charged with possession of a firearm during a crime of violence and unlawful possession of a firearm during a crime of violence.

The new trial date is scheduled on Sept. 30. It was initially scheduled to begin on May 28.

Andrea Antonelli and Charles Murdter, Grandson’s defense counsel, requested that Judge Juliet McKenna push back the trial date because more time was needed to review additional evidence. Defense counsel also said they were still looking for an expert with knowledge on cartridge case markings.

Defense counsel also requested that Grandson, 26, be released to the high intensity supervision program (HISP). However, the prosecution objected to the defendant’s release because of his prior firearms convictions in Washington, DC and Maryland.

Grandson has been held without bail at DC Jail since May of 2018. According to court documents, he was transferred from Maryland while serving a sentence for an unrelated conviction.

Judge McKenna denied the defense’s request for Grandson’s release because of his criminal history and prior convictions, including his convictions in DC for carrying a pistol outside a home or business, unlawful possession of a firearm with a previous conviction and armed robbery.

Grandson is scheduled for a trial readiness hearing on Sept. 13.

Judge Modifies Murder Defendant’s Conditions of Release

During a hearing on May 7, a DC Superior Court judge modified a murder defendant’s conditions of release due to employment issues.

Victor Carvajal is charged with first-degree murder while armed for his alleged role in the shooting death of 21-year-old Michael Francis Taylor on the 600 block of Farragut Street, NW in 2008. Mason Binion, 32, and Joshua Massaquoi, 31, are also charged with first-degree murder while armed in connection to Taylor’s death.

Carvajal, 32, was released under the high intensity supervision program (HISP), which required him to wear a GPS monitor.

DC Superior Court Judge Todd Edelman agreed to release Carvajal on HISP and remove the GPS monitor requirement after the defense said the GPS was causing issues with Carvajal’s employment. Judge Edelman said Carvajal hasn’t had any “infractions” to prohibit the modification.

As part of his modified conditions, Carvajal is now required to report to Pretrial Services weekly by phone.

According to court documents, witnesses told police Taylor was involved in a “botched” drug deal with a group that included Binion, Carvajal and Massaquoi. Apparently, the group paid for marijuana but never received it. A witness told police that Taylor got into a vehicle with a group of people, including Binion, shortly before his murder.

Binion and Carvajal are scheduled for a status hearing on July 12 and trial on Jan. 21, 2020. Massaquoi has not been scheduled for trial as of May 10. He is scheduled for a status hearing on July 12 before Judge Hiram Puig-Lugo.

Defendant ‘Orchestrated’ Boyfriend’s Murder, Prosecution Says

During closing arguments in a murder trial, the prosecution said a defendant ‘orchestrated’ the murder of her 38-year-old boyfriend.

Carmelita Henderson is charged with first-degree murder while armed for her alleged role in the death of Levi Kinte Davis on the 4200 block of East Capitol Street, NE in 2015. According to court documents, Davis and Henderson, 52, were in an intimate relationship prior to Davis’ murder.

“She set him up. He died in her car, outside her apartment in her parking lot,” the prosecutor said. “She made sure she was there to watch it go down.”

The prosecution said multiple witnesses testified about Henderson’s demeanor, saying she was “calm” after the shooting, refused to go back to the car and did not ask about Davis.

“She had no emotions. She didn’t cry. She didn’t scream. That’s not consistent with someone who just lost her boyfriend,” the prosecution said. “Her first words after the murder were ‘it’s all good.’ She seemed more upset about her car than the man inside.”

According to the prosecution’s theory, Henderson hired two men to kill Davis because they had a “bad, hurtful relationship.” The prosecution said Davis got Henderson fired from her job in the DC Jail mailroom after he exposed their relationship to jail personnel.

“He had cost her not only her job, but a government job that came with a retirement plan,” the prosecution told the jury.

A witness testified that he was previously in a sexual relationship with Henderson and said she confided in him. The witness said Henderson told him about planning Davis’ murder.

Henderson’s defense attorney, Michael Madden, said his client was not involved in Davis’ death and said he could explain his client’s behavior after the shooting.

“She was in a daze,” Madden said. “It was apparent to everyone who testified in this case that when they looked in the car, [Davis] was not breathing.”

Madden said Henderson was also scared of blood, which explains why she didn’t go back to the car to check on him.

Madden also said Henderson had no motive to kill Davis because he was her “ticket” to getting her job back. Apparently, Davis wrote a letter to the jail denying his relationship with Henderson.

“[That witness] is the entire case. They have absolutely no case without him,” Madden said, referring to the witness who alleges Henderson confessed.

The jury began deliberating on May 7.

Judge Grants Work Release for Murder Defendant

A DC Superior Court judge ruled May 6 that a murder defendant could be released from jail to work.

Timothy Gibson is charged with second-degree murder while armed for his alleged role in the death of 28-year-old Carl Day-Baker on the 1500 block of T Street, SE on Sept. 1, 2018.

Judge Danya Dayson made the ruling after a representative from the Office of the Attorney General notified the court that Gibson, 28, was eligible for work release.

Per the terms of his release, Gibson will be allowed to attend job interviews and eventually attend work as long as all of his appointments and hours are verified by the Department of Corrections (DOC).

Judge Dayson was also assured by a DOC representative that Gibson would have access to look for jobs. The representative also said Gibson’s case manager would assist Gibson in submitting his job application.

In response, a prosecutor opposed the court’s ruling, saying the work release is not “appropriate” because Gibson is a danger to the community. The prosecutor also said it’s “highly doubtful” that Gibson will be able to find a job because it’s unlikely he’ll be hired with a pending murder charge.

According to court documents, a witness saw Day-Baker pull Gibson out of a car and punch him. The witness said Day-Baker and his brother jumped the defendant, slamming him to the ground “as if he were a pretzel,” to end the altercation.

The witness said Gibson then pulled out a weapon and fired multiple shots at the decedent and his brother. Day-Baker was shot twice.

Gibson is scheduled to be arraigned on June 6.

Judge Releases Murder Defendant for Medical Reasons

During a hearing May 8, a DC Superior Court judge temporarily released a murder defendant from jail. The defendant’s release is contingent on his stay at a medical facility.

Robert Henson is charged with second-degree murder while armed for his alleged role in the death of 37-year-old Richard Lee Dudley on the 2500 block of Elvans Road, SE on Dec.10, 2018.

Defense attorney, David Knight, waived Henson’s presence in the hearing because of his current medical condition. Knight said his condition stems from a car accident in December of 2018. It’s unclear if the accident is related to Dudley’s death.

After speaking with Judge Juliet McKenna under seal, Knight renewed his request for Henson’s release from the Department of Corrections’ (DOC) custody. According to Knight, being in DOC custody is slowing down his rehabilitative process. Apparently, DOC is unable to provide Henson with the care he needs at the frequency he needs it.

Knight said Henson, 39, has a feeding tube and lacks the muscle mass to get out of bed.

In support of Judge McKenna’s ruling, Knight said that when Henson is moved to a medical facility he will provide the court with weekly updates of Henson’s condition.

The prosecutor said he would oppose Henson’s release once his vocal cords are healed and he is no longer on a feeding tube.

According to court documents, multiple witnesses identified Henson as the shooter. Apparently, Henson and Dudley were arguing and fighting prior to the murder. One witness said Henson walked back to his car after the fight ended. However, the same witness saw Henson shooting at Dudley. Henson fled the scene in a black SUV.

Henson is scheduled for a felony status conference on May 22.

Document: Homicide on Xenia Street, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 800 block of Xenia Street, SE on May 9.

According to a press release, police found 28-year-old Mark Milline Jr. suffering from multiple gunshot wounds. Milline was brought to a nearby hospital, where he later succumbed to his injuries.

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

Witness Missing for Upcoming Murder Trial

During a hearing May 8, the defense in a murder case said they were missing a witness for their upcoming trial.

Kenneth Bellamy is charged with first-degree murder while armed for his alleged role in the shooting death of 23-year-old Michael Tyrone Jones on the 300 block of East Capital Street, SE in 2015.

Bellamy, 35, is scheduled to go to trial on May 20.

Bellamy’s defense attorney, Jon Norris, said he plans to call four witnesses, including one that still hasn’t been located.

“We’ve spent significant resources tracking down the wrong individual,” Norris said. Apparently, the individual the defense was tracking has the same name as the missing witness.

DC Superior Court Judge Todd Edelman scheduled another hearing on May 16 to check on the status of the missing witness.

According to court documents, Jones was shot nine times in the laundry room of an apartment building. Witnesses told police they overheard people say that Bellamy shot Jones because Jones stole from his marijuana stash.

Defendant Pleads Guilty to 2016 Homicide

During a hearing May 8, a murder defendant entered a plea agreement and accepted responsibility for the death of a 32-year-old man.

Saeed Woodall pleaded guilty to one count of second-degree murder while armed for the shooting death of Deonta Farrar on the 4500 block of Quarles Street, NE in 2016.

Per the terms of the plea agreement, the prosecution agreed to downgrade Woodall’s first-degree murder charge to second-degree murder while armed. The prosecutor also agreed to dismiss Woodall’s two gun-related offenses.

Woodall, 25, is scheduled to be sentenced on July 12, three days before he was slated to go to trial.

D.C. Witness previously reported that the prosecution offered the plea deal on Jan. 11.

According to the prosecution, Woodall’s sister had a child with Farrar. Apparently, the sister was a victim of domestic abuse. The prosecution said Woodall confronted Farrar and shot him multiple times at close range. Upon entering the plea agreement, Woodall confessed to shooting Farrar with an intent to kill or seriously injure him.

Judge Finds Murder Defendant Competent for Trial

During a mental observation hearing May 7, a DC Superior Court judge declared a murder defendant competent to proceed to trial.

Mason Binion is charged with first-degree murder while armed for his alleged role in the shooting death of 21-year-old Michael Francis Taylor on the 600 block of Farragut Street, NW in 2008. Victor Carvajal and Joshua Massaquoi, 31, are also charged with first-degree murder while armed in connection to Taylor’s death.

Despite receiving a competency report that said Binion, 32, was incompetent, Judge Todd Edelman said the report may have “confused his personality with symptoms.”

According to Judge Edelman, the report stated that Binion’s ability to consult with counsel was hindered by his current mental state. However, Judge Edelman said the competency report did not follow a standard procedure.

Both the prosecution and the defense said they are looking into hiring an expert who could speak to the competency matter.

According to court documents, witnesses told police that Taylor was involved in a “botched” drug deal with a group that included Binion, Carvajal and Massaquoi. Apparently, the group paid for marijuana but never received it. A witness told police Taylor got into a vehicle with a group of people, including Binion, shortly before his murder.

Binion and Carvajal are scheduled for a status hearing on July 12 and trial on Jan. 21, 2020. Massaquoi is scheduled for a status hearing on July 12 before Judge Hiram Puig-Lugo. He has not been scheduled for trial as of May 10.

Document: Police Announce Arrest in 4th Street, SE Homicide

After a nearly 10 month search, the Metropolitan Police Department arrested a suspect in a fatal shooting on the 4300 block of 4th Street, SE.

According to a press release, 28-year-old Marcus Whitaker was arrested May 8 and charged with second-degree murder while armed for his alleged role in the death of 22-year-old David Hart on July 27, 2018.

D.C. Witness previously reported that Whitaker was announced a suspect on July 30, 2018.

Follow D.C. Witness for updates on the case.

Judge Finds Probable Cause Father Responsible for Infant’s Death

During a presentment May 6, a DC Magistrate judge found probable cause that a man was responsible for his 3-month-old daughter’s death.

Cornell Delvonte Holton is charged with felony murder and first-degree cruelty to children for his alleged role in the death of his 3-month-old daughter, Skylar Newman, on the 4300 block of G Street, SE on April 19. Holton, 25, was ordered held without bail.

Judge Errol Arthur said he made his decision based on court documents detailing the infant’s death as well as statements from several witnesses. Apparently, Newman was in the “exclusive” care of Holton when she became unconscious.

During the hearing, Holton’s attorney, John Fowler, unsuccessfully argued against the probable cause finding, saying maltreatment of a child is not a basis for murder. Fowler said it’s not child abuse to drop your child because another child runs into you. He also said it’s not child abuse for another person to drop your child.

Fowler said Newman’s death was “sad and unfortunate” but that it was not murder.

However, according to the prosecution, Holton “tortured, beat or willfully mistreated” his daughter. Apparently, the infant’s injuries included multiple skull fractures, a brain bleed, and multiple rib fractures that were in different stages of healing.

The prosecutor said Holton told police three different stories including, the infant choked on a bottle, the infant was dropped down the stairs and a six-year-old child dropped the infant. The prosecutor noted that Holton fled the scene and called from a blocked number to inform the mother about the child, which the prosecutor said shows a “consciousness of guilt.”

With regard to Holton’s release status, the defense requested he be released to a half-way house or under the high intensity supervision program (HISP). However, Judge Arthur denied the request, noting the weight of the prosecution’s evidence, the defendant’s criminal history and the fact that Hoslton tested positive for synthetic cannabinoids and other drugs when he was arrested.

According to DC Courts, Holston has three convictions, including a bail reform act violation, second-degree theft and a misdemeanor for simple assault.

Holton is scheduled for a preliminary hearing on June 21.

Judge Sentences Defendant to 12 Years for 2018 Homicide

A DC Superior Court judge sentenced a man to 12 years in prison for his role in the death of another man.

In January, James Manuel Johnson pleaded guilty to voluntary manslaughter while armed for his role in the death of 29-year-old Johnathan Grady on the 2300 block of Pennsylvania Avenue, SE on June 28, 2018.

“Johnny was a critical member of his family, church and community,” a pastor, who spoke on behalf of Grady’s family, told Judge Ronna Beck during the sentencing on May 3.

The pastor said Grady had a “desire to help” and was an honorary usher at his church in Southeast DC. He said Grady was a “productive and striving member of society.”

The pastor also said that while Grady’s mother has forgiven the defendant, she is “still looking for justice.” The pastor said there needs to be “consequences for bad behavior.”

The prosecutor said that while Johnson, 44, appears to express remorse for his actions, he still persists to minimize his role in the murder.

The prosecutor acknowledged that Grady was armed with a knife. However, he pointed out that Johnson was the “aggressor.” Apparently, Grady and Johnson exchanged words and that’s when Grady started running. The prosecution said Johnson then chased Grady for eight minutes, weaving in and out of traffic, before fatally stabbing him.

However, the defendant says Grady threatened him and his family.

“This whole incident was bad for me,” Johnson told the judge. “I didn’t mean to cause the family any harm.”

Johnson’s attorney, Anthony Matthews, told the court that Johnson didn’t start the conflict with Grady. He said his client was just there and that he went too far.

“Every day I think of June 28 and how it changed my life completely,” Johnson said. “And I know it changed the (Grady) family completely.”

Prior to delivering her sentence, Judge Beck noted that Johnson had a “very hard life,” acknowledging that he was diagnosed with Post Traumatic Stress Disorder. However, Judge Beck said she refutes the notion that he was threatened. After viewing surveillance footage, she said she believes Grady wasn’t threatening anyone.

Johnson is also required to serve five years on supervised release following his prison term.

On March 29, Johnson’s codefendant, Roderick Terrell Gaither, was sentenced to two years in prison for “facilitating” Grady’s murder. Gaither’s attorney said his charge stems from 12 seconds during the chase when Gaither, 24, told Johnson where the victim was headed.

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