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Prosecution Dismisses Child Murder Case

During what was supposed to be a felony status conference on June 26, the prosecution announced they were dismissing a murder defendant’s charges that stemmed from an infant’s death.

Bobby Davis was charged with first-degree felony murder and first-degree cruelty to children for allegedly burning and killing his 6-month-old daughter, Brooklyn Zakiyaa Hill-Davis, on the 1900 block of Valley Terrace, SE on Sept. 5, 2018. 

The prosecution didn’t explain the decision to dismiss the case against Davis, 22, in open court. 

According to court documents, Davis, 22, was taking care of his daughter. He ran her a bath but didn’t check the water’s temperature. When he put his daughter into the water she flinched and that is when Davis took her out and noticed burns on her bottom. 

Doctors estimated that 15 percent of baby’s body sustained burns. The burn injuries ultimately lead to the child’s death, court documents said.  

 

Counselors Argue Over Validity of Search Warrant in Murder Case

During a motions hearing on June 26, counsel argued over a motion that was filed by the defense to “quash”, or invalidate, a search warrant.

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. 

The search warrant in question would allow the prosecution to take a sample of Irving’s DNA.

Irving’s defense attorney, John Fowler, filed a motion to quash the search warrant on June 25. 

Fowler said there was a lack of probable cause for the search warrant . He said the prosecution has not indicated that any biological material was recovered from physical evidence, which is what would be used to compare to Irving’s DNA. 

Fowler also said obtaining Irving’s DNA would be a violation of his privacy.

However, the prosecutor argued that many of the cases Fowler used to support his argument were not applicable since there were different circumstances in those particular cases.

The prosecutor also said Fowler had no authority for a motion to quash. He said DC Superior Court Judge Milton Lee found March 12 probable cause, arguing that there was no precedent that the current judge, DC Superior Court Judge Danya Dayson, should have to review Judge Lee’s findings.

Judge Dayson didn’t rule on the motion because she said she needed time to think about her decision. She said that neither side had persuaded her to decide either way. 

The motions hearing is scheduled to continue on June 27. 

Even though Judge Dayson said she is not likely to make a ruling at that time, she  wants to hear counsel’s arguments about probable cause. However, she noted that by the time she makes her ruling, the prosecution’s warrant might be stale.

According to court documents, officers of the Metropolitan Police Department found Williams lying unconscious on the sidewalk, suffering from multiple gunshot wounds. 

 

Judge Continues Co-Defendant Murder Case

A DC Superior Court judge postponed a hearing for a murder case on June 26. 

Kevon Pinkett and Keith Johnson are charged with second-degree murder while armed for their alleged involvement in the fatal stabbing of Edwin Richardson on the 2900 block of Martin Luther King Jr. Avenue, SE on April 5. 

During the June 26 hearing, both counsel requested that Judge Dayna Dayson continue the preliminary hearing that was scheduled to occur on June 26 to Aug. 16. Counsel didn’t discuss why they wanted to continue the hearing in open court. 

Surveillance footage shows Richardson being assaulted by four men, according to court documents.

Richardson was initially captured on camera being chased by four suspects, documents state. The men involved in the incident chased Richardson into an intersection and surrounded him.

Apparently, the men took turns striking Richardson with a milk crate and then throwing it at him. One man threw an unknown shiny object at Richardson which caused him to lose his balance.

In the the footage, Pinkett and Johnson were seen “rifling through [Richardson’s] clothing,” according to court documents. The suspects then fled the scene, leaving Richardson laying motionless on the street. 

Pinkett and Johnson were the only two suspects apprehended.

During an interview with police, Johnson said he was not the one who stabbed Richardson and was not sure who did. He told police that Richardson was the only one with a knife. Johnson said he knocked Richardson’s knife out of his hand with the milk crate.

Murder Defendant Rejects 2nd Degree Plea Deal

During a status hearing June 25, a murder defendant rejected a plea offer from the prosecution.

Torey Stockton is charged with first-degree murder while armed for his alleged role in the death of 23-year-old Jasmine Light on the 2000 block of 16th Street, SE in 2018. According to court documents, Light was an unintentional victim of a drive-by shooting. Stockton is being held at DC Jail without bail

If Stockton, 21, had decided to plead guilty to second-degree murder, he could have received a prison sentence spanning from 12 to 24 years. The plea would have required a lower sentence than the mandatory minimum required by the District of Columbia Sentencing Commission’s Voluntary Sentencing Guidelines

According to the guidelines, Stockton could receive a maximum sentence of 60 years in prison. The lowest sentence he could face is 30 years in prison. 

The prosecution also told DC Superior Court Judge Dayna Dayson that “there may be a couple of additional [DNA] testings.” Judge Dayson reminded counsel that, if they intended to do further testing, they must inform the defense. 

According to court documents, a witness believed there were two or three individuals in the vehicle with Stockton. 

In addition to the murder charge, Stockton is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed, assault with significant bodily injury while armed, carrying a pistol outside a home or business, tampering with physical evidence and obstruction of justice. 

Kayla Thompson, a co-defendant in this case, was also present in court. Thompson is charged with obstruction of justice. She is currently released on personal recognizance.

Stockton and Thompson, are scheduled for a status hearing on Sept. 26.

 

 

Judge Finds Probable Cause in 2019 Murder Case

During a preliminary hearing June 25, a DC Superior Court judge found probable cause in a case where three men were murdered.

Rakeem Willis is charged with premeditated first-degree murder while armed for allegedly shooting Sean Shuler, 26, Javon Abney, 26, and Tyrik Hagood, 24. The shooting occurred on Jan. 26 on the 1500 block of Fort Davis Place, SE.

According to a Metropolitan Police Department detective, who assisted the lead detective during the investigation, the suspect’s vehicle travelled toward the crime scene before the murder occurred and then in the direction of where police found a car burned shortly after the crime. Surveillence footage shows a similar vehicle approach and leave the crime scene around the time of the murder. 

Judge Dayna Dayson found probable cause on the basis that, during the time of the incident, the path of the suspect’s vehicle matched locations from Willis’ phone records. An eyewitness connected Willis to the phone, confirming that he used it before and after the murder, according to the detective.

During cross-examination, defense counsel argued that there was no clear evidence that Willis was the one who shot the men, pointing out that there were no unique features of the car to distinguish it from any other similar looking vehicle.

The defense also said the detective said there was no evidence confirming that Willis was actually the individual operating the vehicle. 

Willis’ fingerprints were not found on or in the vehicle, according to the detective. Instead, police found fingerprints that belonged to three other individuals, all of whom had criminal records. The names of the three individuals whose fingerprints were on the vehicle were not disclosed in open court.

The defense said there was nothing in the detective’s testimony or in court documents that provided any motive for Willis to harm the victims.  

Judge Dayson said, although the evidence is circumstantial and does not point to Willis pulling the trigger, the matching locations of the suspect’s vehicle and Willis’ phone records indicate that he was involved. 

However, Judge Dayson acknowledged that the prosecution’s argument was “not the strongest case” and that the physical evidence “was not overwhelming.”

In light of the prosecution’s weak case, defense counsel also requested Willis’ release to the High Intensity Supervision Program (HISP) so he would be able to work. 

Judge Dayson denied the request, saying there was “clear and convincing evidence” that no combination of release conditions would assure the safety of the community. Willis is being held without bond at DC Jail. 

Judge Dayson said she based her decision on Willis’ prior assault charges and gun offenses, as well as the nature of the murder. She also said Willis was a flight risk because of his prior attempt to evade police. 

According to court documents, police officers found all three victims suffering from multiple gunshot wounds. Two of the victims were found inside of a vehicle. All three victims were pronounced dead on the scene. 

A felony status conference is scheduled on Sept. 25.

 

Prosecutor Announces Presence of DNA Evidence in Murder Case

With the presence of DNA evidence in a murder case, a prosecutor suggested June 2 that another hearing was needed to discuss test results and decide on next steps. 

Roger Hector Hamilton, 38, is charged with second-degree murder, driving under the influence of alcohol or a drug, and reckless driving for his alleged involvement in the death of 42-year-old Vincent Childs. The incident occurred on the 3200 block of Wheeler Road, SE on March 2, 2018.

The prosecutor also said he gathered and reviewed surveillance footage but didn’t find any evidence that would be useful or valuable in the case. 

Hamilton’s defense attorney, Joseph Scrafano, said the prosecutor provided him with a large amount of additional evidence on June 20, but he has not had time to go through it. 

According to court documents, an SUV travelling at high speed struck Childs at Alabama Avenue and Wheeler Road, SE. Hamilton allegedly “attempted to flee,” but was stopped by a nearby citizen. Childs was pronounced dead on the scene. Apparently, he suffered from massive trauma.

 The legal limit for blood alcohol levels is .08 percent, Hamilton scored a .12 percent, indicating that he was intoxicated to a level where he was not legally allowed to operate a vehicle.  

According to the Alcohol Health Center, an e-health program sponsored by Evolution Health Systems, Inc., a blood alcohol level between .10-.125 means that motor coordination and judgement are significantly impaired. 

Hamilton’s next hearing is scheduled on Sept. 17. 

 

Judge Continues Hearing for 2017 Drive-By

During a June 24 status hearing, after a discussion at the bench a status hearing was continued to September.

Robert Moses and James Mayfield are charged with first-degree murder while armed for their alleged involvment in the death of Jamahri Sydnor on the 1400 block of Saratoga Avenue, NE in 2017. The co-defendants are also charged with assault with the intent to kill, aggravated assault while armed, conspiracy while armed and possession of a firearm during a crime of violence. Moses is charged with obstruction of justice. 

The reason for the hearing’s continuance to Sept. 6 wasn’t discussed in open court. 

A prosecutor also told DC Superior Court Judge Craig Iscoe that the defense received all material evidence in the case. According to DC Courts, protective orders for body-worn camera footage were issued and signed by Judge Iscoe in May. 

Moses, 20, and Mayfield, 19, allegedly fired more than ten shots at individuals at the intersection of Saratoga and Montana Avenue, NE, court documents state. Sydnor, 17, was an unintended target, struck by a bullet while driving through the intersection.  Sydnor’s passenger, her 12-year-old cousin, sustained non-life-threatening injuries. Three other bystanders were also wounded during the shootout.

The shooting is believed to be the result of an on-going feud between young men from the Langston and Saratoga neighborhoods, according to the police.

Sydnor was a recent graduate of Woodrow Wilson High School, who was set to attend Florida A&M University in the fall of 2017, news reports state. She was also the daughter of a DC police officer.  

Philip Carlos McDaniel, 22, who is charged with assault with the intent to kill while armed in connection to the case, is scheduled for a status hearing on Oct. 3. 

Judge Replaces Defense Attorney Due to Conflict of Interest

During a status hearing on June 24, a judge said defense counsel for one of four co-defendants will be replaced because of a conflict of interest.

Charles Young, Steven Robin, Sean Mckenzie and Edward Brown face various charges for their alleged involvement in the shooting of Kenneth Poindexter on the 4900 block of D Street, SE on Jan. 20, 2018.

Young, 28,  and Robin, 23,  are charged with first-degree murder while armed with a firearm and possession of a firearm during a crime of violence. McKenzie, 22, and Brown, 19, are charged with first-degree murder, according to DC Courts. 

DC Superior Court Judge Todd Edelman addressed the conflict of interest issue for defense attorney Michael Madden, who represents Robin. Apparently, a witness for the case requested that Madden be removed. 

Judge Edelman said that if Robin went to trial with Madden, and a conviction was given at that trial, it wouldn’t be upheld since there is a ‘conflict of interest’ with a witness on the case.

In response to a possible delay in the trial, which is scheduled on Sept. 30, Young’s defense counsel, Ronald Resetarits, requested to sever his client from the other defendants. 

Resetarits said his client was ready to proceed to trial. Counsel for the other three defendants said their cases would not be ready in time for the September trial. 

Judge Edelman told Resetarits to file a motion to separate Young’s case from the other cases.

A status hearing for all four defendants is scheduled on July 9 to discuss next steps.

Brown and McKenzie are scheduled for a preliminary hearing on July 8.

Judge Denies Murder Defendant’s Release

During a detention hearing, a judge denied June 24 defense counsel’s request to release a murder defendant.

Eunise Roosevelt Melton is charged with first-degree murder with an unknown metal object for his alleged involvement in the death of Jerimi Meade on July 15, 2017.The crime took place on the 400 block of Burbank Street, SE.

The detention hearing was held because of a petition from defense attorney, Ieshaah Murphy, to re-address the issue of Milton’s release. The defense argued that a witness’s statement to investigators indicated that another person was responsible for Meade’s murder.

Even with the witness’s testimony, the prosecution argued in favor of keeping Melton, 62, detained until trial because a Grand Jury found him dangerous enough to indict him on violent crime charges. The prosecutor also said the defense’s argument wasn’t “clear and convincing evidence.”

DC Superior Court Judge Dayna Dayson agreed with the prosecution, saying the  “weight of the evidence hasn’t changed” from the witness’s testimony.

Milton is scheduled for a hearing on July 30.

Prosecution Offers Plea Deal to Man Charged in Vehicular Homicide

During a preliminary hearing June 25, the prosecution offered a plea deal to a murder defendant charged in a 2018 vehicular homicide. 

Tyler Hurley is charged with second-degree murder for his alleged involvement in the death of Kunal Talwar on Dec. 23 2018, at the intersection of 19th Street and Constitution Avenue, NW. According to court documents, Hurley’s blood alcohol level was .04 percent three hours after the collision. 

According to the terms of the plea agreement, if Hurley, 21, pleaded guilty to voluntary manslaughter, he could face four to 10 years in prison. Court documents state that the crash occurred after Hurley ran a red light. 

Defense attorney, Bernard Grimm, said he just received the terms of the plea offer and requested to have more time to discuss the offer with his client. 

Grimm also requested that DC Superior Court Judge Craig Iscoe revert back to Hurley’s original release order so that he could drive to work. 

D.C. Witness reported that Hurley was allowed to go on a family vacation to the beach, which required him to remove his ankle monitor since it wouldn’t work in sand. Judge Iscoe ordered that the monitor could be removed for the vacation, and stipulated that Hurley couldn’t operate a motor vehicle under the new terms. 

Judge Iscoe agreed to revert back to the original release order. The prosecutor agreed, saying he “doesn’t see [Hurley] as a danger.” 

The defense is expected to respond to the plea offer by the next scheduled hearing on July 22.

Defendant Waives Right to Preliminary Hearing

During a preliminary hearing June 24, a murder defendant signed a waiver to not have a preliminary hearing. A preliminary hearing establishes a reasonable belief that a crime was committed and the defendant had some part in that crime. 

Deontae “Tay” Britton is charged with first-degree murder while armed for his alleged role in the death of 25-year-old Dawud Debruhl on the 1300 block of Columbia Road, NW on March 14. 

Surveillance footage shows the victim standing with two other individuals in the general vecinity of the murder. 

The footage also shows Britton, 26, approach Debruhl from behind and shoot him in the back. The other two individuals on the video are seen running from the crime scene. Britton fled down an alley east of the scene. 

Britton was arrested on March 29. During an interrogation with homicide detectives, Britton said he was “beefing” with some individuals from the Columbia Heights neighborhood because they were allegedly threatening his friends. 

Britton also told detectives that he approached a group of individuals in hopes of having a verbal conversation. He said he saw Debruhl reach towards his waistline, so he pulled out his gun and shot the victim. 

According to court documents, a witness provided a picture of the suspect who they referred to as “Tay.” The witness said that “Tay” was involved in the homicide. 

A felony status conference is scheduled on July 5.

 

Defense Requests Reconsideration of Evidence

During a June 24 status hearing, defense counsel in a murder case asked DC Superior Court Judge Craig Iscoe to reconsider evidence that was found in discovery.

Eric Smith, 20, is charged with first-degree murder for his alleged involvment in the death of 38-year-old Rondell Wills on the 200 block of 50th Street, NE. Wills was not the intended target and was shot while protecting children when the drive-by shooting occurred, according to court documents.

Smith’s attorney, Blase Kearney, specifically asked Judge Iscoe to review two interviews and some unspecified physical evidence to reconsider his substantial probability ruling during Smith’s preliminary hearing on July 18, 2018. 

Kearney said substantial probability has not been met by the prosecution. Kearney also said he thinks Smith should be released because the defendant has no prior charges.

The prosecution argued that, since Smith was already indicted, reassessing the evidence would not change anything. Smith was indicted on assault with intent to kill, aggravated assault and assault with significant bodily injury, in addition to his first-degree murder charge.

After speaking with counsel, Judge Iscoe set a detention hearing on July 24.

Judge Approves Murder Defendant’s Release to Halfway House

During a felony status conference June 24, DC Superior Court Judge Craig Iscoe agreed to release a murder defendant to a halfway house when one becomes available. 

Barbara Sanders is charged with second-degree murder while armed with a knife for allegedly stabbing Thurman Knight on the 500 block of Montana Avenue, NE in March. Sanders and Knight were involved in a romantic relationship and lived in an apartment under his name.

Defense counsel said releasing Sanders, 53, to a halfway house would be appropriate because she would be monitored, have a curfew and has no criminal history. Sanders currently has no where to live if released from DC Jail. 

The prosecution told Judge Iscoe that Sanders should remain detained because she could pose a threat to the community. The prosecution also provided the defense with body-worn camera footage that was requested during a June 11 hearing.

Under Judge Iscoe’s terms, Sanders would be drug tested weekly, prohibited from possessing any weapons and not be allowed to contact Knight’s family. She would only be allowed to leave the halfway house for pre-approved medical appointments. 

According to court documents, the two were not in an abusive relationship. Witnesses told the police that the two had been arguing for days before the murder.

Another felony status conference is scheduled on Aug. 30.

Judge Denies Murder Defendant’s Request for New Counsel

A murder defendant told a DC Superior Court judge June 24 that he wanted to withdraw from his guilty plea.

Shelby Jones pleaded guilty to second-degree murder while armed for shooting 17-year-old Davon Fisher on the 400 block of Riggs Road, NE. He was initially charged with first-degree murder and two counts of assault with a dangerous weapon. The defendant pleaded guilty to the murder on Jan. 11.

According to DC Courts, Jones, 18, will go forward with withdrawing from the plea agreement. The defendant’s lawyer said he intends to submit a motion to Judge Ronna L. Beck by July 12. The prosecution said they would be opposing the withdrawal and has until Aug. 2 to respond to the defense’s motion.

In addition to requesting to withdraw from the plea, Jones also requested another change in counsel. “I’ve been talking with him,” Jones said. “It’s not going through.” Jones’ current defense attorney, Kevin Irving, replaced his initial counsel in May.

After speaking with Jones, Judge Beck said she would not replace Irving and acknowledged the defendant’s desire to withdraw his guilty plea.

A motions hearing is scheduled on Aug. 30. However, if the judge denies the defense’s motion to withdraw the guilty plea, the case will proceed to sentencing.

Judge Allows Alleged Child Murderer to Travel with Family

During a status hearing June 24, a DC Superior Court judge allowed a murder defendant to travel with her family.

Faneshia Scott is charged with first-degree murder and child cruelty for her alleged role in the death of her 16-month-old daughter, Rhythm Fields, on the 5400 Block of C Street, SE in 2017. Scott, 32, is currently confined to her home under the High Intensity Supervision Program (HISP). She is also required to wear a GSP monitor.

Defense attorney, Steven Kiersh, requested that Judge Milton Lee let the defendant travel with her family on vacation next month. Scott’s parents were present in the courtroom and reassured Judge Lee that their daughter would be under their supervision during the duration of the vacation.

The prosecution opposed the decision, saying it could be seen as “rewarding” Scott who allegedly murdered her daughter and abused her other two children.

In addition to the prosecutor’s opposition, she also mentioned that the victim’s father and grandmother, who were present in court, have been receiving anonymous phone calls. The prosecutor reminded the defense that the defendant has been asked not to contact the father or his family.

A status hearing is scheduled on Sept. 27.