Expert Links Murder to Defendant’s Gun

During a murder trial April 24, an expert said gun shell casings found at a crime scene were consistent with being fired from a gun allegedly owned by the defendant.

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

A firearms expert testified that ballistics on the crime scene are consistent with markings left on cartridge casings found near Mercer’s body.

“We identified this pistol as being the one that fired that cartridge case,” the expert said.

A detective said Decuir’s cell phone contained text messages regarding a Ruger P85. The detective said there were also internet searches regarding that specific kind of handgun.

A witness also testified that Decuir’s girlfriend asked him to “take care of some jerseys in the backyard.” The witness said he eventually realized Decuir was talking about guns.

D.C. Witness previously reported that Decuir referred to his guns as “dogs” and “jerseys.”

According to the prosecution’s theory, Mercer “snickered” at the defendant after he made a comment about Mercer’s belt. The prosecution said Decuir became enraged, followed Mercer off a bus and shot him in the neck.

The defense, however, said Decuir fired in self-defense after he saw Mercer pulling a shotgun out of his bag.

The trial is scheduled to continue on April 25.

A Murder Trial’s ‘Critical Witness’ is Missing

The day before a murder trial was slated to resume, the prosecution notified the court that they were still missing a key witness after weeks of searching.

Derryck Decuir is charged with first-degree murder while armed for his alleged involvement in the shooting death of Malek Dayvon Mercer on the 2800 block of 28th Street, SE. 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.

Apparently, the missing witness testified in both of Decuir’s previous trials.

Amid the defense’s rebuttals, DC Superior Court Judge Craig Iscoe said he was satisfied with the prosecution’s search efforts and proposed that an oral recording of the witness’s testimony, along with the transcript, be used during the current trial.

The audio was released to counsel for review.

The prosecution said attempts were made to reach out to the witness, along with his family and friends, but they were unable to locate the witness. Apparently, the witness did not show up to a meeting with his probation officer and has been missing since.

The prosecution said marshals made an effort to locate the witness and even followed up on leads in Bennettsville, S.C. where the witness was allegedly residing.

The prosecution deemed the witness “unavailable” and requested to introduce a transcript of the witness’s previous testimony to the jury.

The defense, however, said the prosecution started searching for their “critical witness” too late and did not take all of the appropriate steps to locate him.

D.C. Witness previously reported that the prosecution was missing six witnesses prior to the trial. As of April 9, the prosecution said that three of the six had been located.

Witnesses Could Be ‘In Peril,’ Prosecution Says

The prosecution in a murder case said there was a plan to file a protective order that would ensure that witnesses don’t become the targets of retaliation.

Eric Smith is charged with first-degree murder while armed for allegedly shooting 38-year-old Rondell Wills on the 200 block of 50th Street, NE in 2018.

The prosecution said the protective order would keep the defense from revealing witnesses’ identities. The prosecution said Smith, 19, may have associates that could put witnesses “in peril.”

“We believe the actual shooter is still at large,” the prosecution said. “To give the witness names to the defendant would be dangerous.”

According to DC Courts, the prosecution filed a motion for a protective order on April 24.

In response, the defense said the order is a substantial infringement of his client’s constitutional rights and that it is “inappropriate” for the prosecution to tell the defense how to conduct their investigation.

DC Superior Court Judge Craig Iscoe said he was concerned about keeping information from the defendant and said he needed time to review the order.

“I am wary of an order that does not let a defendant see what his lawyer sees,” Judge Iscoe said.

Smith is scheduled for a status hearing on May 17.

According to court documents, a car drove by the Benning Road Metro Station and started following a witness. The witness said one of the individuals in the car opened fire, so the witness ran in the direction of where Wills was seated on 50th Street.

Wills was shot in the process, documents state.

The car used in the drive-by was later located, and Smith’s fingerprints were found on the car’s interior rearview mirror, documents said.

Document: Police Announce Arrest in Southeast DC Homicide

The Metropolitan Police Department arrested a suspect in a fatal stabbing 900 block of Martin Luther King Jr. Avenue, Southeast.

According to a press release, 18-year-old Kevon Pinkett was arrested and charged with second-degree murder while armed for his alleged role in the death of 49-year-old Edwin Richardson on April 5.

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

Judge Holds Defendant Without Bail

A DC Superior Court Magistrate judge found probable cause April 23 and ordered a 58-year-old murder defendant held without bail.

David Allen Hackney is charged with first-degree murder while armed for his alleged role in the stabbing death of 46-year-old Chester Belfield on the 1000 block of Southern Avenue, SE on April 13.

During the hearing, Judge Errol Arthur denied the defenses request for release under the High Intensity Supervision Program (HISP), saying that because of the nature of the offense Hackney is a risk to the community.

Defense attorney, Anthony Matthews, refuted the finding, saying Hackney was not a flight risk and had a limited criminal history. Matthews said Hackney had two nonviolent convictions for public urination and drug possession. However, D.C. Witness could only confirm a distribution of cocaine conviction in 1993.

According to court documents, Metropolitan Police Department officers found Belfield suffering from multiple stab wounds. He was pronounced dead at a local hospital. A witness said a cell phone video shows Belfield and Hackney arguing near a bus stop before Hackney pulled out an object and began to stab Belfield.

Hackney is scheduled for a preliminary hearing on May 3.

Judge Sets New Trial Date for Murder Defendant

A DC Superior Court judge granted the defense’s motion and pushed back the trial date for a defendant accused of fatally beating and shooting a man in Northeast DC.

Tavon Davis is charged with first-degree murder while armed and obstruction of justice, among other charges, for his alleged role in the death of 29-year-old Michael Vest on the 1300 block of Trinidad Avenue, NE in 2017.

Davis, 24, is now scheduled to go to trial on Feb. 3, 2020. His trial was originally scheduled to begin on May 15.

Defense attorney, Matthew Davies, notified the court April 19 that he and the prosecution resolved issues regarding items he planned to test for DNA. However, he said the testing would create a delay and therefore he would need additional time to be prepared to go to trial.

According to DC Courts, Davies filed a motion to push back the trial date on April 16.

Davies also said he was not sure if Davis would accept a plea offer from the prosecution. According to DC Courts, a plea agreement has not been filed as of April 22.

According to court documents, Vest was found unconscious by police with multiple wounds on his head and face. Apparently, Vest’s body was propped in a chair on a front porch with pieces of wood in his hair, which police believe is evidence the victim was struck with a bat.

Documents state that police found a piece of paper with “Tavon Clayton-Davis” written on it near the crime scene. A witness also told police that Davis confessed to beating Vest with a stick and shooting him five times.

Davis is scheduled for a status hearing on May 13.

Judge Delays Juvenile’s Murder Trial by 2 Months

Amid undisclosed case developments and a motion to continue, a DC Superior Court judge pushed back a juvenile’s murder trial.

According to a Metropolitan Police Department press release, a juvenile is charged with first-degree murder while armed and carrying a pistol without a license for his alleged role in the death of 23-year-old Jamal Kwame Crump on the 1300 block of Monroe Street, NW on Feb. 27.

Judge Lynn Leibovitz pushed back the date after a prosecutor from the Office of the Attorney General submitted a motion to delay. The juvenile is now scheduled to go to trial on June 10, exactly seven weeks after it was originally scheduled to begin. D.C. Witness previously reported that the juvenile was slated to go to trial on April 22.

“I don’t believe it’s reasonable for either side to be ready to go forward,” Judge Leibovitz said.

The push goes against the regulation specified in Title 16, Chapter 23 of the DC Code. According to the policy, juveniles charged with murder should begin trial no later than 45 days after they are detained by family court.

While acknowledging the law as is, Judge Leibovitz said it’s “extremely difficult” to go to trial on a 45-day clock, especially given the case’s nondisclosures, which include the prosecution’s failure to inform the defense that detectives said an adult suspect said the victim allegedly had a gun.

The prosecutor said he learned about the suspect’s statement on April 19, nearly two weeks after it was given.

Apparently, the prosecutor also failed to tell the defense that Crump’s mother said he was known to carry a gun.

An Assistant United States Attorney, who is working on the the suspect’s case, said he may have mistakenly given detectives the impression that they weren’t supposed to notify the Office of the Attorney General about the statement. As of April 23, the suspect has not been arrested for the crime and D.C. Witness couldn’t verify that a warrant for his arrest had been issued.

The juvenile is slated to appear in court on June 5 for a status hearing.

‘Warm Sandwich’ Supports Defendant’s Innocence, Defense Says

During closing arguments April 22, the defense in a murder trial said a warm sandwich found under a victim’s body, corroborates their theory that someone else is responsible for the death of a 17 year old.

Terik McLeod, 33, is charged with two counts of first-degree murder while armed for his alleged role in the deaths of Devaun Drayton and Carlton Fisher in 2004 and 2006, respectively.

McLeod’s defense attorney, Michael Madden, said the defense’s theory rests on a previous witness who testified that he shot Drayton over a stolen gun. The witness told the jury he got food at a golf course with Drayton before the shooting.

The defense said the warm sandwich found at the crime scene was from the golf course.

“[The witness] testified that he shot Devaun Drayton. What you have is a person whose motive is aligned with the crime,” Madden told the jury.

The defense also sought to discredit the prosecution’s witnesses, saying their stories didn’t make sense. Madden said multiple witnesses only testified in order to get a lighter sentence. He said there was no DNA evidence linking McLeod to either murder.

Furthermore, Madden said that if McLeod didn’t kill Drayton, then the theory that he killed Fisher, 23, for “snitching” doesn’t make sense.

Madden said that Fisher, who was a drug dealer, had a reputation as an informant and that any number of people could have a motive to kill him. He said the neighborhood was “plagued” with violence and had a hostile attitude towards informants.

The prosecution, however, said a warm sandwich is not enough to prove that the defense’s witness was being truthful when he took responsibility for Drayton’s death.

According to the prosecution’s theory, McLeod shot Drayton in the back of the head over a stolen gun. They said McLeod then shot Fisher seven times in front of his apartment building for “snitching” to police about Drayton’s murder.

“You hear from Fisher in the form of an interview he gave to police,” the prosecution said. “ This was about a gun, but it was also another opportunity because the defendant didn’t like [Drayton].”

The prosecution’s key witness previously testified that he saw McLeod holding a gun moments after Drayton was shot. Apparently, McLeod also told the witness he “put [Fisher’s] brains all over his mailbox.”

“The defendant thought by shooting Fisher that he would be able to silence him, like he silenced Drayton,” the prosecution said. “This case is not only about one life lost. It’s about two.”

The jury began deliberating on April 22.

Case Acquitted: Prosecution Files Motion for DNA Testing

This case has been acquitted.

A prosecutor filed April 19 a motion that would require a murder defendant to submit to DNA testing.

Cedric Alexander, also known as Tony White, is charged with first-degree murder while armed for his alleged role in the shooting death of 38-year-old Daquan Hooks on the 1900 block of 13th Street, SE in 2017.

DC Superior Court Judge Ronna Beck said the defense must file a motion by April 25 if they plan to object to the testing.

Defense attorney Jacqueline Cadman said if Judge Beck allows for the testing to be performed, then she would request that a member of the defense team be present during the testing.

Prosecutors also said they were “making progress” towards an indictment, which they said would be secured before May 28, the indictment deadline.

D.C. Witness previously reported that prosecutors said a “new development” caused a delay in securing an indictment by a grand jury. The prosecution did not disclose what the “development” was.

Alexander is scheduled for a status hearing on May 23.

Document: Arrest Made for April Homicide

The Metropolitan Police Department arrested a suspect for a fatal stabbing on the 1000 block of Southern Avenue, SE.

According to a press release, 58-year-old David Allen Hackney, a resident of Capital Heights, Md., is charged with first-degree murder while armed for stabbing 46 year-old Chester Belfield, a resident of Temple Hills, Md. on April 13.

Hackney is scheduled to appear in court on the afternoon of April 23.

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

Convicted Murderer Gets 30 Years for Double Homicide

A DC Superior Court judge sentenced a man to 30 years in prison for “executing” two men in Northeast DC.

In August of 2018, Matthew Moore, Jr. pleaded guilty to two counts of second-degree murder while armed for his role in the deaths of 22-year-old Ronnell Tye Reaves and 23-year-old Kevin Kennedy on the 600 block of 14th Place, NE in July of 2018.

According to DC Courts, Moore, 34, tried to rescind his guilty plea in January but the court denied his request. Prior to delivering her sentence, Judge Danya Dayson said Moore had the right to appeal her ruling on withdrawing his guilty plea.

“This coward took someone so dear to my family,” Reaves’ sister told the judge.

Amid tears, various members of Reave’s family spoke about his dreams and the happiness he brought to their lives. Apparently, Reaves is the youngest of eight children.

“You left a hole in my heart that even time will not fill,” Reaves’ mother wrote in an impact statement that was read by one of his sisters.

Reaves family said he was a recording artist who was hoping to make it big. According to Kennedy’s mother, Reaves and Kennedy were best friends and had the same passion for music.

The mother said Kennedy lived for 18 months on a ventilator and feeding tube before succumbing to his injuries. She said Reaves was like a son to her and losing both of them pains her deeply.

She said Kennedy didn’t have his father in his life and because of that, he was trying to be the best father possible to his own son. She said Kennedy was his son’s “Superman.”

Both families requested Moore be given the maximum sentence, 36 years. Both families also said Moore has shown no remorse for his actions.

The prosecution also requested the maximum sentence, noting that Moore had been arrested 21 times over the course of 17 years, citing a robbery conviction when he was 16 years old.

“I am deeply remorseful and I’m very sorry,” Moore said, addressing both families.

Moore said Reaves and Kennedy were drug dealers and that’s how the men met. He also said he worked with them in the music studio.

Moore’s defense attorney, Kevin Mosley, said his client believed his life was being threatened and that the victims were armed.

According to a press release from the United States Attorney’s Office of the District of Columbia, Moore was driving with the victims and parked on 14th Place NE. Moore and Reaves got out of the car and walked to a nearby alleyway and Kennedy stayed in the car. Reaves returned to the car and got into the driver’s seat. A few minutes later Moore opened the passenger door, leaned in and fired four shots — two at Reaves and two at Kennedy.

Following his release from prison, Moore is expected to serve five years on supervised release. He will also be required to register as a gun offender.

Absent Counsel Delays Murder Case

On April 19, a murder defendant’s hearing was rescheduled to June because counsel for both the defense and prosecution was not present in court.

Stephen Maye is charged with first-degree murder while armed for allegedly stabbing 46-year-old Derek Anthony Walcott on the 5100 block of B Street, SE in 2018.

Apparently, Maye’s defense attorney, Emily Stirba, is on leave, so unassigned counsel stood in for both the defense and the prosecution. It’s unclear why the prosecution was absent.

According to court documents, Walcott was stabbed at least 24 times. Maye, 49, was found near the scene of the stabbing with Walcott’s wallet.

A felony status conference is slated to occur on June 14.

Document: 3 Traffic Fatalities Over Easter Weekend

Three traffic fatalities occurred in the District over the Easter weekend.

According to the Metropolitan Police Department, a pedestrian, 31-year-old Abdul Seck, who was a resident from New York, died from a crash that occurred at the intersection of 16^th Street and V Street, SE during the morning hours on the day of the Christian holiday.

Police say Seck was stuck by a Chevrolet Malibu that veered off course when a Chevrolet Cruz crashed into the Malibu after traveling at a high speed. The operator of the Cruz, the operator of the Malibu, its three passengers, and the pedestrian were transported to area hospitals, a press release stated.

The operator of the Cruz, 21-year-old Dejuan Andre Marshall, a resident of Southeast, DC, was arrested. He has been charged with second-degree murder. He is scheduled to appear in court on April 22.

Another traffic fatality occurred during the morning hours on April 20 on the 4000 block of East Capitol Street, NE.

The decedent’s identification has not been released.

According to a press release, an Infinity was traveling westbound in the 4000 block of East Capitol Street, NE at a high rate of speed. The operator lost control of the vehicle and struck the south side curb. The vehicle continued westbound, crossing all three westbound lanes until it struck a tree. The car caught on fire.

Police are requesting that anyone with information about this crash contact the department at (202) 727-9099.

David Salovesh, a resident of Northeast DC, died in a traffic fatality that occurred on April 19 at the intersection of 12^th Street and Florida Avenue, NE.

According to a press release, 25-year-old Robert Earl Little, Jr., a resident of Northwest DC, allegedly stole a van in the area of Benning Road, NE. When police attempted to stop him, he fled in the vehicle, running a red light, hitting a Hyundai that was traveling South on 12^th Street, NE, striking Salovesh, 31, who was riding a bicycle in the eastbound lanes of Florida Avenue and finally hitting a tree.

Solavesh was pronounced dead on the scene. Little was transported to a local hospital for non-life threatening injuries. The driver of the Hyundai did not sustain any injuries.

Little is charged with second-degree murder while armed and scheduled to appear in court on April 22.

Judge Sentences Defendant To 16 Years for Killing ‘Pillar of the Community’

A judge sentenced April 19 a defendant to 16 years in prison for killing a man who prosecutors say was a “pillar of the community.”

In August of 2018, Bikila Kejella pleaded guilty to second-degree murder while armed for shooting 23-year-old Eric Garrett on the 2300 block of 11th Street, NW in 2016. According to court documents, Garnett was transferred to a hospital where he succumed to his injuries six days later.

“I sit in disbelief that he isn’t here to talk to,” Garrett’s mother told Judge Juliet McKenna. “I struggle to hold myself together because he’s not here.”

Prior to delivering her sentence, Judge McKenna heard from many of Garnett’s loved ones who described the victim as a person who worked tirelessly to brighten the lives of people in his neighborhood.

Garnett’s aunt said he overcame early trauma, after being shot in the leg at a young age, which forced him to give up a basketball scholarship. But, Garnett continued to work to improve his community by joining the Boys and Girls Club and serving as a mentor to younger children.

“The children still cry for him,” a friend, who volunteered with Garnett at a local recreation center, said. “The hood lost too much that day.”

A prosecutor said Garnett’s family and community were “robbed” of a caring and talented individual.

“Eric was a remarkable man that took bad experiences and made them positive,” the prosecutor said.

Defense attorney, Jacqueline Cadman, said Kejella, 20, is an immigrant from Ethiopia. Cadman said the defendant had been attacked multiple times in his neighborhood. Kejella was robbed several hours before the murder and shot Garnett because he looked like one of the robbers, the attorney said.

Cadman said Kejella is “devastated” over his actions and has been working to better himself while he’s been held in DC Jail. After completing his General Education Development exam (GED), Kejella was admitted to the The Georgetown Prison Scholars Program, a partnership between Georgetown University’s Prisons and Justice Initiative and the DC Department of Corrections. During his time at DC Jail, Kejella has been taking English and Government classes for college credit.

A representative from the program said Kejella is a driving force in class discussions and topped the class with a recent paper on politics.

Kejella also participated in a mentorship program and said he, like Garnett, hopes to work with children to prevent them from going down the wrong path.

“I know my actions will never be forgettable,” said Kejella while addressing Garnett’s family. “But, I hope you can find it in your heart to make them forgivable.”

Judge McKenna said she will let Kejella complete his current educational program in DC Jail before transferring him to prison to serve out his sentence.

Kejella is also expected to serve five years on supervised release after his term. Once released, he would have to register as a gun offender.

Murder Defendant Asked for Help to Move Guns, Girlfriend Says

A murder defendant’s girlfriend told the jury April 18 that he asked her to help him move guns and ammunition from his stepmother’s house after he was arrested.

Derryck Decuir is charged with first-degree murder while armed against a minor for allegedly shooting 15-year-old Malek 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 jurors could not come to a unanimous decision regarding his murder charge.

The girlfriend said Decuir used to call her nearly every day from prison. She said, at one point, he asked her to give someone a message about moving a “dog.” The girlfriend said she later realized he was referring to a gun. She also said he talked about “toenail clippings” and “dog food,” which she said were code names for bullets and ammunition.

During a previous trial, the prosecution also said that Decuir used the code name “jerseys” to refer to guns.

During the trial, a Metropolitan Police Department officer told the jury that she spoke with Mercer’s friend. She said Mercer’s friend told her that three men “followed them off the bus.”

The friend gave descriptions of the suspects and mentioned that they were pointing at Mercer’s duffel bag, the officer said.

According to the prosecution’s theory, Mercer was waiting at a bus stop with his friend when they ran into a group of three men. The prosecution said Decuir made a comment about Mercer’s belt but became enraged when Mercer “snickered” at his response. Decuir followed Mercer and eventually shot him in the neck.

The defense says Decuir fired in self-defense after he saw Mercer pulling a shotgun out of his duffel bag.

The trial is scheduled to resume on April 24.

Rebekah Herman contributed to this article.

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