Judge Orders Murder Defendant Undergo 3rd Mental Competency Exam

In response to defense counsel’s request, a DC Superior Court judge ordered a third mental competency exam for a murder defendant.

Daryl Thompson is charged with two counts of first-degree murder while armed for allegedly shooting 29-year-old Edward Roberts Jr. on the 3500 block of 14th Street, NW on July 30, 2016, and Tyler McEachern, 23, on the 3100 block of Buena Vista Terrace, SE on Aug. 29, 2016.

During a hearing on July 1, Thompson, 27, spoke directly to the judge, objecting to the questions of his competency and asserting that the process is depriving him of his right to a speedy trial. Defense attorneys, Dana Page and Pierce Suen, told the told the judge that trial preparation has led to new concerns regarding Thompson’s mental health. The concerns were not discussed in open court.

Thompson also said his previous trial date, which was scheduled on Aug. 29, 2018, had been vacated for competency exams. He expressed fear that his trial would be moved again.

Judge Craig Iscoe ordered a new mental competency exam to take place on July 2.

Two previous exams ultimately found the defendant competent to stand trial after receiving treatment at St. Elizabeth’s Hospital.

A hearing is scheduled on July 3 to review the latest competency examination report.

Judge Grants Defense A Continuance to Work on ’09 Murder Case

A DC Superior Court judge granted the defense a continuance until August.

Saeve Evans is charged with first-degree murder while armed for allegedly shooting Kareem Ware on the 3800 block of Halley Terrace in 2009.

According to court documents, the shooting allegedly occurred after a car chase, during which the defendant and the victim were shooting at each other from different vehicles. As of June 28, no witnesses have directly identified Evans, 28, as the other shooter.

The prosecution first charged Evans for the crime in May, 10 years after the incident occurred.

The defense asked Judge Danya Dayson for a continuance in order to talk to a potential witness for the case.

The defense may also file a motion to dismiss the case. Judge Dayson granted both the defense and the prosecution until July 22 to file any motions.

Evans was acquitted Feb. 8 after standing trial for the murder of 16-year-old Breyona McMillian in 2016. Despite being found not-guilty for murder, Judge Craig Iscoe sentenced Evans in May to 4.6 years in prison for unlawful possession of a firearm.

A status hearing is scheduled on Aug. 14.

Grand Jury Increases Murder Defendant’s Charge

A grand jury in a homicide case indicted a murder defendant on greater charges than the ones the prosecution had originally sought.

Joseph Smith is charged with second-degree murder while armed for allegedly stabbing his 62-year-old brother, Arnold Smith, on April 9 on the 600 block of Galveston Place, SE. Joseph was originally charged with voluntary manslaughter while armed.

During a status hearing June 28, Joseph’s defense attorney, Jacqueline Cadman, waived the formal reading of the indictment and announced that the defendant pleaded not-guilty.

Despite the increase to the charge, Joseph, 61, is still placed in a halfway house, according to DC Courts. DC Superior Court Judge Danya Dayson released Smith to the halfway house because of his undisclosed health problems on April 25.

Joseph told Judge Dayson the stabbing occurred in self-defense after his brother attacked him in the living room of their family home. However, initial evidence from the crime scene and inconsistencies in Smith’s testimony led Judge Dayson to find probable cause in the case.

Apparently, several witnesses also said the defendant made multiple threats against the victim.

Even so, the prosecutor told Judge Dayson that he would not use the testimonies during trial.

Smith is scheduled for a motions hearing and a status hearing on Aug. 23.

Prosecution Waits for DNA Results

A prosecutor in a murder case said she is still waiting on DNA results. She told a judge that she plans to enter the results as evidence for trial.

Keith Archie is charged with second-degree murder while armed, carrying a dangerous weapon outside a home or business, tampering with physical evidence and threatening to kidnap or injure a person for allegedly stabbing 32-year-old Demond Marcel Rush on the 3600 block of 22nd Street, SE in 2017.

Archie’s trial has been rescheduled from July 1 to Jan. 27, 2020.

Archie’s attorney, Blase Kearney, told DC Superior Court Judge Todd Edelman that he is planning on filing “constitutional” motions. He did not explain the details of all of the motions except for one that would prevent the prosecution from presenting certain evidence at trial.

Judge Edelman set Kearney’s deadline to file the motion is on Oct. 7. The prosecution has until Oct. 28 to respond.

According to court documents, police followed a blood trail from the foyer of the building where Rush was found, to his body. Rush was found with six stab wounds, one of which pierced his heart.

Archie, 38, appeared to be intoxicated when he talked to police, telling the police that he was not a criminal and repeatedly asked for a shirt. He is currently released on personal recognizance.

A trial readiness hearing is scheduled on Nov. 22.

Parties Attempting to Reach Plea Deal, Counselors Say

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

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

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

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

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

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

Alfaro is scheduled for a status hearing on July 17.

Document: Homicide on 13th Place, SE

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

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

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

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

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

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

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

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

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

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

Judge Won’t Exclude Murder Defendant ID from Evidence

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

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

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

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

The defense argued that this alias was too vague.

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

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

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

Document: Homicide on 14th Street, NE

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

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

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

Driver Pleads Guilty to Vehicular Homicide

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

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

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

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

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

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

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

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

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

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

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

Murder Defendant Pleads Not Guilty to 2018 Murder

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

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

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

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

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

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

A juvenile defendant is also connected to the case.

Judge Dayson scheduled a status hearing on Sept. 18.

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

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

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

Alsotn is scheduled for a preliminary hearing on July 9.

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

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

Judge Denies Defense’s Motion to Invalidate Search Warrant

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

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

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

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

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

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

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

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

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

Prosecution Is Working Towards Indictment, Counselor Says

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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