Defense Plans to Quash Search Warrant in Murder Case

During a felony status conference June 18, counsel in a murder case discussed a warrant for a defendant’s DNA.

Tyree Irving is charged with first-degree murder while armed for allegedly shooting 22-year-old Davane Williams in January on the 1200 block of North Capitol Street, NW. Irving, 22, is also charged with assault with a dangerous weapon as part of a separate offense in February.

The prosecution applied for the warrant ex-parte, which defense attorney, John Fowler, objected to.

Fowler argued that collection of Irving’s DNA is an intrusion on his body. He also said he did not want the DNA sample to be entered into evidence if the case went to trial.

Fowler said the prosecution’s discussion of the warrant with the judge should not be ex-parte. It’s inappropriate to test a detained person’s DNA, he said.

Fowler also said he believes the evidence will go nowhere but gave no further explanation.

After DC Superior Court Judge Dayna Dayson allowed the prosecution to proceed with the warrant application, Fowler said he would file a motion to quash the warrant.

Judge Dayson gave the defense until June 24 to file a motion to quash the warrant. She said the warrant could not be executed until the motion to quash was resolved.

The prosecution’s response to Fowler’s motion is due by June 25 and a motions hearing is scheduled on June 26.

Document: Police Search for Suspect in Capitol Hill Murder

The Metropolitan Police Department is searching for a suspect who is connected to a homicide on the 1300 block of Pennsylvania Avenue, SE.

Police are searching for Peter Nhek Neth in connection to a homicide on June 15.

According to a press release, police are currently looking for Peter Nhek Neth. Neth, 30, is wanted on an DC Superior Court arrest warrant for allegedly shooting 37-year-old Richfield Chang in a residence on June 15. Chan was pronounced dead at a local hospital.

A woman, who was also in the residence, sustained multiple gunshot wounds as well. She was transported to a local hospital for treatment of life threatening injuries.

Anyone who knows the whereabouts of Neth, or who has knowledge of this incident should call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411. The police department is offering a reward of up to $25,000 to anyone that provides information that leads to an arrest and conviction for any homicide committed in the District of Columbia.

Document: Police Search for Vehicle of Interest in Homicide

The Metropolitan Police Department (MPD) obtained surveillance footage that shows a vehicle that is possibly involved in June homicide.

Darryl Johnson, 27, was shot multiple times on the 300 block of 62nd Street, NE on June 12. He died on the scene.

Police are currently looking for the vehicle described as a blue ‘newer’ ford fusion with tinted windows.

Vehicle of Interest in Darryl Johnson’s homicide.

If anyone has information about the vehicle, please call the police at 202-727-9099. A reward of up to $25,000 is being offered to anyone who provides information that leads to an arrest and conviction in this case or any homicide case in DC. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Judge Pushes Preliminary Hearing Back for Murder Case

A DC Superior judge rescheduled a murder defendant’s preliminary hearing to July 19.

Travis Russell is charged with first-degree murder while armed for his alleged involvment in killing Michael Hooker on the 2700 block of Martin Luther King Jr. Avenue, SE on May 26.

Judge Craig Iscoe made the ruling after the defense requested a continuance. The reason why the defense asked for the hearing to be continued was not disclosed.

According to court documents, Hooker, 44, and Russell, 35, stayed at the same homeless shelter. Russell allegedly got into an altercation with Hooker at a bus stop near the shelter. A short time later, Russell allegedly pushed Hooker to the ground and stabbed him three times with a glass bottle. At the time of the murder, Hooker was allegedly intoxicated.

A trial has not been scheduled as of June 18.

Judge Orders Full Competency Exam for Murder Defendant

A DC Superior Court judge ordered a full competency examination for a murder defendant during a mental observation hearing on June 18.

George Anderson, 21, is charged with second-degree murder while armed for allegedly shooting 24-year-old Devin Butler on the 1200 block of North Capitol Street, NW on June 13.

Judge Todd Edelman said that based on a forensic examination on June 17, a mental health counselor for the court “could not form a definitive opinion on [Anderson’s] competency for trial.”

There was no objection from counsel regarding the order for a full competency examination. Defense Attorney, Blase Kearney, requested that Anderson’s evaluation be performed at St. Elizabeth’s Hospital, DC’s psychiatric hospital.

Judge Edelman also agreed that based off his first evaluation, Anderson should be in a “detained setting,” such as a hospital for his safety.

Anderson’s next mental observation hearing is scheduled on July 22.

Murder Defendant Pleads Guilty to 2015 Homicide

During a status hearing June 17, a murder defendant pleaded guilty to negligent homicide.

Ryan Thompson was initially charged with second-degree murder and wreckless driving for the death of Matthew Roth on July 19, 2015. Thompson, 26, was racing 31-year-old Rasheed Murray down 16th Street, NW when Murray lost control of his vehicle and struck Roth.

Under the terms of Thompson’s plea agreement, Thompson faces up to five years in prison and three years of supervised release.

Defense attorney, Rebecca Sibloch, also requested that Thompson and Murray’s sentences be separate. DC Superior Court Judge Milton Lee accepted Thompson’s plea and set his sentencing date on Oct. 18.

Murray accepted a plea agreement in July of 2018. His sentencing is scheduled on July 10.

Brooke Welsh contributed to this article.

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Defense Announces DNA Testing is Underway in Murder Case

Defense counsel for a murder defendant said they have begun the process of DNA testing during a status hearing on June 14.

Leonard Smith, 33, is charged with first-degree murder while armed and carrying a dangerous weapon for allegedly stabbing 26-year-old Leonte Butler on the 4000 block of South Capitol Street, SE, on March 11, 2017.

Defense counsel said every item of evidence that they want to test has been transferred to the lab and has undergone “some degree of testing.” However, Dinah Manning, one of Smith’s defense attorneys, said they intend to test items of additional evidence that the prosecution introduced more recently. Counsel expects to finish testing in time for the scheduled Nov. 12 trial date.

The prosecution has completed all necessary DNA testing for the case.

DC Superior Court Judge Danya Dayson scheduled a hearing on July 26 to give the defense an opportunity to discuss the results of the DNA testing and decide what further actions to take.

According to court documents, officers of the Metropolitan Police Department found Butler lying unconscious in an alley suffering from multiple stab wounds to the body. Butler was pronounced dead on the scene.

Document: Homicide on Penn Avenue, SE

The Metropolitan Police Department is investigating a homicide that occurred on 1300 block of Pennsylvania Avenue, SE.

According to a press release, officers found 37 year-old Richfield Chang inside a residence suffering from multiple gunshot wounds on June 15. He was pronounced dead at a local hospital.

Officers also located a female victim who was suffering from multiple gunshot wounds. She was treated at a local hospital for life-threatening injuries.

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

Dept. of Correction’s Counsel Delays Murder Case

During a status hearing June 14, counsel for the Department of Corrections (DOC) was unable to provide answers to a majority of questions asked by a judge, causing more setbacks in the progression of a murder case.

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.

The main issue discussed during the status hearing was whether Gibson would be eligible for a halfway housing program. According to counsel for the DOC, Gibson did not meet the department’s criteria to be eligible for a halfway house.

DC Superior Court Judge Danya Dayson asked whether this failure to meet the criteria was due to Gibson’s current charges or his previous assault charges. The DOC counselors said they were not sure but guessed it was due to both.

The prosecution said Gibson has a history of assaultive behavior and that the DOC would need to grant a waiver to place Gibson in a halfway house. However, given Gibson’s charge of first-degree murder, in combination with his criminal history, the prosecution said it would be reasonable for the DOC to deny the waiver.

The prosecution also said that DOC’s policy made Gibson ineligible for the halfway house program. According to the policy, Gibson must be employed full-time, part-time, or enrolled in an educational program. Gibson does not fit into any of those categories.

Gibson’s defense attorney, Eugene Ohm, asked the counselors what they considered to qualify as “past assaultive behavior.” Counsel said they did not know, and told Judge Dayson that they were not there on a factual basis, which was why they could not provide answers to many of the questions.

Judge Dayson expressed frustration with the DOC for not having prepared the answers. She also asked for a clear interpretation of DOC’s policy on halfway housing, but the counsel could not provide an explanation of the policy.

Ohm also expressed his frustrations with DOC counsel, saying their failure to answer the important questions was causing unnecessary delays in the case that were unfair to Gibson. He asked Judge Dayson to hold them in contempt and fine them $10,000/day.

“We’ve been having this same hearing over and over again,” Ohm said. Gibson was apparently supposed to be on a work release eight months ago, but he has been detained while the DOC figures out the answers to the court’s questions.

Ohm said he wanted Gibson to have a fair opportunity to look for a job while he waited for the outcome of the case.

However, Judge Dayson said she was willing to reconsider the halfway house release order since new evidence, which was not specified, could suggest Gibson might be a danger to the community.

On Sept. 20, 2018, Judge Dayson ordered Gibson to be held at a halfway house. However, because of policy, the DOC changed the halfway house order to a work release.

DOC counsel is expected to answer several questions about the agency’s halfway house policy and work release stipulations at a status hearing on June 21.

Gibson is scheduled for trial on Sept. 9.

Murder Defendant Waives Right to Test DNA Evidence

During a status hearing June 14, a murder defendant waived his right to independently test DNA evidence.

Larry Brown is charged with second-degree murder while armed for allegedly stabbing 33-year-old Derrick Wright to death. The stabbing occurred on the 1300 Block of Florida Avenue, NE, on March 24, 2018.

The prosecution listed the items that are subject to DNA testing, including the victim’s DNA blood card, the victim’s fingernail clippings, a key fob with suspected blood, three shirts with suspected blood on them, and two swabs of the interior passenger’s side of a car.

The prosecutor said he has only tested the card and fingernail clippings. He said the DNA profile on the items matched Wright’s profile. Brown’s DNA was not found on the items that were tested.

Brown, 32, stated that he did not want to test the evidence for DNA, and DC Superior Court Judge Danya Dayson accepted his choice.

According to court documents, officers of the Metropolitan Police Department found Wright on the sidewalk, suffering from a puncture wound to the chest.

Apparently, a surveillance camera captured footage of two individuals engaging in an altercation near the scene of the crime. Police received an anonymous tip that Brown was the shooter.

A status hearing is scheduled on Sept. 6.

Document: Homicide on West Virginia Avenue, NE

The Metropolitan Police Department is investigating a homicide that occurred on the 1600 block of West Virginia Avenue, NE.

According to a press release, officers found 43 year-old Damon Bell suffering from multiple gunshot wounds around 1:18 am. He was pronounced dead at a local hospital.

The police are 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.

Murder Defendant Pleads Guilty After Mistrial

Almost a year after a 2018 mistrial, a DC Superior Court judge accepted a murder defendant’s guilty plea.

Paul Swann was charged with first-degree murder for his role in the death of 21-year old Adam Barker. Swann, 27, was also charged with possession of a firearm during a crime of violence and unlawful possession of a firearm due to a prior conviction.

During a motions hearing June 14, the defense announced that Swann would be pleading guilty to second-degree murder while armed, dismissing all other charges, in addition to the charges in four unrelated cases.

Judge Ronna L. Beck granted the defense’s request for sentencing to be decided during the hearing, waiving the protocol of a pre-sentence investigation. Defense attorney, Mani Golzari, explained the unusual request by saying that the defendant “is ready to accept responsibility.”

Based on the facts offered by the prosecution, Swann admitted to arguing with Barker on Feb. 29, 2016, and shooting him in the back. As a result of the plea, Swann would receive 12 years in prison with 5 years of supervised release, rather than 40 years, which was the maximum penalty under the District of Columbia Voluntary Sentencing Guidelines.

Barker’s father gave a victim impact statement, pleading for Judge Beck to not sentence Swann to “serve less time than my son was on this earth.” He continues to say “I pray that we take this to trial.”

Despite the request, Judge Beck sentenced the defendant by the terms of the plea agreement, including a requirement that he register as a gun offender for seven years after release from prison.

Juvenile Wasn’t Worried About Murder Charge, Witness Says

A cooperating witness for the prosecution told DC Superior Court Judge Lynn Leibovitz that a juvenile defendant wasn’t worried about being charged with homicide because the defendant would be released at 21.

The juvenile is charged with first-degree murder while armed and carrying a pistol without a license for allegedly shooting 23-year-old Jamal Kwame Crump during the afternoon hours on the 1300 block of Monroe Avenue, NW in February. The juvenile is currently being held at the Department of Youth Rehabilitation Services (DYRS).

“Don’t worry about it. It’s going to be alright,” the witness, who was testifying as part of a plea deal to attempted robbery in connection to the homicide, said the defendant told him. “I’ll just go down to the C (Youth Corrective Services) and get out when I’m 21,” the witness said the juvenile told him.

Apparently, the defendant, witness and another individual planned to rob Crump for a silver Smith & Wesson .40 caliber automatic hand gun. Court documents state that Crump was a known drug dealer who possessed two guns.

According to the witness, the juvenile orchestrated the plan to rob Crump for his gun, saying “If he grab one of y’all, I’ll shoot him.”

Apparently, the group met up with Crump, walked to a grassy piece of land near a dumpster, engaged in small talk while one of the three placed Crump in a chokehold from behind.

The witness said he and the juvenile defendant began searching for Crump’s gun. Once the gun was found, the juvenile and the individual who choked Crump ran away. The witness said he ran, but saw a phone he believed to belong to one of the members of the group and went back to retrieve it.

While picking up the phone, the witness said Crump grabbed him.

According to the witness, the other two members of the group saw the altercation and ran back to the scene. Even though Crump let the witness go, saying “It’s cool bruh,” the juvenile shot him multiple times, the witness said.

An expert from the Department of Forensic Sciences said eight casings, belonging to the same gun, were found on the scene.

In an attempt to impeach the cooperating witness, the defense showed the judge a video recording of the witness while he was talking to his mother about the case. During the recording, the witness is heard saying, “I lie anyways.”

During the homicide investigation, two officers identified the juvenile in a photo released to authorities. Apparently, the officers had numerous interactions with the juvenile.

Even though defense counsel objected to the credibility of both officers’ identifications, Judge Leibovitz accepted them.

There were also two eyewitnesses to the homicide. However neither witness was able to clearly identify the shooter or the individuals in the group that allegedly attacked Crump.

The case’s lead detective said that when the juvenile was arrested, the defendant was in possession of a 9mm gun and two phones, one of which belonged to Crump.

Counsel rested their cases on June 12. Closing statements are scheduled on July 16.

Judge Sentences Man to 30+ Years in Prison

In light of a guilty verdict, a convicted murderer was sentenced to more than 30 years in prison for murder.

On June 7, Sean Green was sentenced to 38.5 years in prison for first-degree murder while armed and assault with intent to kill while armed for shooting Derrick Black on the 3300 block of Georgia Avenue, NW in 2015. Black, 24, fell in the street after being shot and was subsequently run over by a car Green was operating. The incident was captured by a security camera.

Green was also sentenced to ten years for possessing a firearm during a crime of violence and a year and a half for unlawful possession of a firearm. The gun possession convictions will run concurrent to the the murder and assault convictions.

DC Superior Court Judge Judith Bartnoff acknowledged several hardships Green, 28, went through, including losing his mother, sexual abuse, a head injury and drug use at an early age. However, the judge said that there was nothing to justify taking another man’s life.

“I can’t accept the notion that when (Green) was 24 or younger he didn’t understand the consequences of his actions,” Judge Bartnoff said. “He intended to to do what he did.”

Judge Bartnoff said Green was lucky he didn’t kill anyone else, emphasizing that he could have chosen another way. Apparently, Green shot Black several times after he fell to the ground and also shot into a local restaurant called the Mothership.

After a three year wait, Black’s sister told the judge that her “brother will get the justice that he deserves.” She said the crime, was “gruesome” because Green chased Black on Georgia Avenue and shot him three times in the back. After being shot, Black fell to the ground and was shot two more times.

The sentence given, which was suggested by the prosecution, was at the lower end of the District of Columbia Voluntary Sentencing Guidelines for the crime.

According to the defense, Green will be a different man after his prison term, saying he is taking GED, finance, and math classes among others. The lawyer said vocational training at a prison facility will help Green put his life back on track.

“It seems to me the government has not only been very reasonable, but also taken into account [the] factors the defense mentioned,” Judge Bartnoff said.

Green will also be required to pay $500 to the Crime Victim’s Compensation Fund, which will be taken from his prison pay. He must also serve five years on supervised release after his prison term and register as a gun offender.