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After Long Wait, DNA Testing Finally Happening, Defense Says

During a June 7 status hearing, the defense for a murder defendant announced that DNA testing is finally being conducted for a case after a long period of waiting.

Ronald Randolph, Jr. is charged with first-degree murder while armed for allegedly shooting his girlfriend, 32-year-old Shameka Delephine Jones. The shooting took place on July 25, 2017, on the 2200 block of Savannah Terrace, SE. According to court documents, officers from the Metropolitan Police Department found Jones lying on the bed, suffering from a gunshot wound to the face. Randolph, 41, told the officers that he shot her.

DC Superior Court Judge Todd Edelman rescheduled a status hearing from March 1  to July 12  per the defense’s request. The new date would allow the defense to have enough time for DNA testing.

According to Randolph’s defense attorney, Madalyn Harvey, the DNA testing is still ongoing but is expected to be completed within the next couple weeks. Harvey said the delay should not effect the Dec. 2 trial date.

A trial readiness hearing is scheduled on Nov. 15.

 

Knives Will Not Be Submitted as Evidence for Trial, Prosecution Says

The prosecution told a DC Superior Court judge June 7 that, during trial, their argument will not include two items that were submitted into evidence.

Edward Brown was charged with first-degree murder while armed for the alleged stabbing of Michael Mahoney, a 71-year-old man, on the 2300 block of 11th Street NW on Feb. 5, 2018.

During the status hearing, the prosecution told Judge Milton Lee that, based on the results of three rounds of DNA testing, the prosecution would not be using two knives that were in the evidence package.

In response, the defense told the judge that independent DNA testing would not be conducted.

The defense also rejected two plea offers from the prosecution. The pleas were offerred before Brown was indicted on the murder charge by a grand jury.  The prosecution didn’t mention if another agreement would be offered.

A trial readiness hearing is scheduled on Sept. 12. The trial is set to begin on Sept. 30.

Monthly Recap: Homicide Count Declines

Throughout the month of May, DC saw a 47 percent decrease in homicides from April. The decrease reflects a return to the dip in homicides that first occurred in February.

There were nine homicides in May.  According to D.C. Witness data, only two suspects have been arrested as of July 16.

As previously reported, eight of the homicides were gun-related, and one was a stabbing. They occurred in only three wards: 5, 7, and 8. The last homicide was a vehicular homicide.

On May 1, 23-year-old Dajuan Donald Hart was found shot on the 3300 Block of D Street, SE. He died on the scene. There was a second adult male suffering from a non-life threatening gunshot wound.

Four days later, police found 18-year-old Saoun Coplins on May 5 on the 3000 Block of Stanton Road, SE. He was transported to a local hospital with a gunshot wound and later pronounced dead.

Later that week, on May 9, 28-year-old Mark Milline Jr. died in the hospital after being shot multiple times on the 800 block of Xenia Street, NE.

On May 17, 37-year-old Molly Walters was struck and killed making a left turn at the intersection of South Capitol Street and Firth Sterling Avenue, SE.

Two days later, emergency responders found 25-year-old Jonathan Hernandez on May 19 suffering from multiple gunshot wounds, as well as another adult male with non-life threatening injuries, on the 100 block of T Street, NE. Hernandez was pronounced dead at a local hospital.

On May 23, 33-year-old Pierre Mercer was found dead with multiple gunshot wounds on the 2300 block of Shannon Place, SE, after police responded to reports of a shooting.

The youngest victim, 15-year-old Maurice Scott, was pronounced dead on May 26 in the hospital after being found shot on the 3500 block of Wheeler Road, SE. Three women also arrived at the hospital with non-life threatening wounds connected to the shooting.

On the same day, 44-year-old Michael Hooker was stabbed to death on the 2700 block of Martin Luther King, Jr. Avenue, SE. A suspect, 25-year-old Travis Russell, was arrested in June and is awaiting a preliminary hearing that is scheduled on Aug. 14.

According to D.C. Witness data, Russell was previously convicted of sexual abuse, unlawful possession of a firearm and other drug charges.

William Boykin, 36, was shot and killed two days later, on May 28, on the 2600 block of Birney Place, SE. A second victim was treated for non-life threatening wounds. A week later, 28-year-old Herman Sylvester Williams was arrested in connection to the case. His case has not been presented to a Grand Jury. Williams is scheduled for a felony status conference on Sept. 20.

The final victim in May was 34-year-old Eric Marshall, who was shot on the 4600 block of Reed Terrace, SE on May 29. No arrests have been made in the case.

Document: Police Arrest 1 Suspect Connected to April Homicide, Search Continues for 2nd Suspect

The Metropolitan Police Department apprehended June 6 one of the suspects connected to a murder after more than a month-long search.

Jada Jena Smith

Police arrested and charged 18-year-old Jada Jena Smith with first-degree felony murder in connection to the stabbing of 40-year-old Jamal Ferrell on the 700 block of 14th Street, SE on April 28. Smith is also charged with armed robbery.

Xavier Dontrell Culbreth

Police are requesting the public’s assistance in locating 18-year-old Xavier Dontrell Culbreth. He is wanted on a DC Superior Court arrest warrant for first-degree murder while armed.

Culbreth is described as being a black male who is 5’7″ tall, 145 pounds, has brown eyes, dreadlocks and a dark complexion.

A reward of up to $25,000 is being offered for information that leads to an arrest and conviction of the person or persons responsible for any homicide committed in the District of Columbia. Anyone with information should call the police at 202-727-9099. Anonymous information may also be submitted to the department’s Test Tip Line — 50411.



6 6 19 Arrest Made and an Additional Suspect Sought in a Homicide 700 Block of 14th Street, Southeast (Text)

Judge Orders DNA Test of Firearm in 1990 Case

During a post disposition hearing June 5, a DC Superior Court judge ordered the Department of Forensic Sciences (DFS) to test a firearm from a 1990 murder case.

Wallace Mitchell was convicted in 1991 of first-degree murder, felony murder while armed, armed burglary, assault with the intent to kill while armed, two counts of first-degree murder while armed and possession of firearm during a violent offense for shooting Randy Nelson.  

Judge Milton C. Lee ordered the test after the department’s representative voiced concerns about DFS’ accreditation and the way the evidence was handled and processed over the last 28 years.

“We haven’t been involved with this case and don’t want to be involved,” the DFS representative told Judge Lee.

The DFS representative said the department is concerned that its accreditation may be threatened since it does not represent individuals, defendants or defense attorneys. However, Judge Lee said the order came from the prosecution.

According to DC Courts, the case was continued on May 22 to give the prosecution time to find a lab to test DNA. The motion was originally filed by the defense in January of 2019.

The DFS representative said the department was also concerned with the amount of time that has passed since the convict’s trial, which could have caused problems in the way the shotgun was handled and preserved. According to Justia, a website that provides legal resources to the public, Mitchell had a shotgun and two pistols in his trunk.

D.C. Witness was unable to verify the information found on Justia. The public information officer for the  U.S Attorney’s Office for the District of Columbia (USAO) couldn’t give D.C Witness details on the case to protect the victim’s rights. The USAO representative said the agency does not have documents on the case available for public consumption.

Even though other labs could have conducted the testing, Judge Lee said he specifically requested DFS test the firearm for a “particular reason.” Judge Lee also allowed defense counsel, Veronice Holt, to be present while the evidence was being tested.

Another hearing is scheduled on June 20 to discuss the forensic results.

Defendant Pleads Not Guilty to 2018 Murder

During a felony arraignment June 6, a murder defendant pleaded not guilty to all charges stemming from a homicide in 2018.

Timothy Gibson, 28, is charged with first-degree murder while armed, two counts of possession of a firearm during a  violent crime, assault with the intent to kill while armed and first-degree burglary. He allegedly shot 28-year-old Carl Day-Baker on the 1500 block of T Street, SE.

During the hearing, Gibson rejected a plea offer. According to the terms of the offer, if he pleaded guilty to second-degree murder while armed, the prosecution would drop all other charges. Under the plea agreement, Gibson could have been sentenced to 18 years in prison.

According to the Voluntary Sentencing Guidelines of the District of Columbia, Gibson could likely receive a sentence between 30-60 years in prison.

Defense counsel, Eugene Ohm, also told the judge that he was under the impression that Gibson would be released to the high intensity supervision program (HISP) after a work release was issued by DC Superior Court Judge Dayna A. Dayson. The order would permit Gibson to be detained at a halfway house. 

However, Gibson is not allowed to go to a halfway house because of a Department of Correction’s (DOC) policy prohibiting violent offenders from residing in the houses.

Even though Judge Dayson issued several work release orders for the defendant, she is unsure if she can overrule the DOC. Judge Dayson requested that defense counsel provide her with a statute that gives her the authority to order Gibson’s placement into a halfway house.

In November of 2018, the prosecution requested that the defendant remain detained until trial.

“A grand jury indicted [Gibson] with the most serious crime one can be indicted with in this courthouse,” the prosecutor told the judge. “Based on those changed circumstances [Gibson] is a danger to the community.”

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.

A status hearing is scheduled on June 14.

Brooke Welsh and Julia Guercio contributed to this article.

Judge Sets Deadline to Test Evidence in Murder Case

On June 6, D.C. Superior Court judge set a deadline for the prosecution to test and transfer evidence in a murder case.

Robert E. Green, 28, is charged with first-degree murder while armed for allegedly shooting Andre Junior, 43, on the 1500 block of Park Road, NW on March 15, 2018. Green, who is also known as “Tony E. Gray,”  has additional charges, including possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior conviction.

Judge Dayna A. Dayson ordered the prosecution to complete DNA testing by June 20. She told the prosecution to notify the court if they would need additional testing. The defense has decided to independently test the evidence as well.

During the hearing, Eugene Ohm, Green’s defense attorney, said he will not be trying Green’s case. However, DC Courts does not show a motion to change counsel.

A status hearing was rescheduled from June 20 to July 19.

 

Document: Police Investigate 2nd Homicide in June

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 3500 block of 22nd Street, SE.

According to a press release, the officers found 39-year-old Bruce Gilmore suffering from multiple gunshot wounds. He was pronounced dead at a local hospital.

In addition to Gilmore, a juvenile male was also treated at the same hospital for a non-life threatening gunshot wound.

A reward of up to $25,000 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.



6 6 19 Homicide 3500 Block of 22nd Street Southeast (Text)

Jury Finds Murder Defendant Not Guilty

After deliberating for two days, a  jury acquitted a man from murder  charges stemming from the death of a 23-year-old man. 

Kenneth Bellamy was found not guilty of first-degree murder while armed and  possession of a firearm during a crime of violence in connection to the fatal shooting of 23-year-old Michael Tyrone Jones, Jr. on the 3500 block  of East Capitol Street, SE in December of 2015. Bellamy’s third charge for carrying a pistol without a license outside a home or business was dismissed during closing arguments. 

As a result of the not guilty verdict, an order to release Bellamy was issued on June 5.

During opening arguments on May 22, the prosecution laid out its main theory — Bellamy, 35, killed Jones over stolen marijuana. An eyewitness for the prosecution told the jury that he saw Bellamy confront Jones about stealing his marijuana. The witness said that, as the two began to “tussel,” Bellamy pulled, what looked like, a gun out of his pocket. The witness said he started running away from the scene as soon as he heard gunshots.

However, during cross examination, the defense pointed out that the witness told police multiple versions of the story.

The witness told Norris that he initially lied to police because he was trying to protect himself. However, Norris refuted the claim, saying the witness was lying to protect someone else.

According to Norris, the witness told a grand jury that the person who shot Jones was the same person who sold him marijuana earlier that day. Norris said the witness was protecting the true shooter because if he implicated the shooter he would be implicating himself.

Instead of the marijuana story the witness testified to, Norris said the murder stemmed from PCP, a mind altering drug. Norris said Jones obtained PCP and had it stored in a mason jar. He said Jones was bragging about the PCP and intended to sell it.

Norris said the witness set Jones up to be robbed and killed. Apparently, Jones was a known drug dealer. Norris said the witness and the true shooter conspired together.

On May 30, the jury heard recordings of phone calls where Bellamy said he didn’t shoot Jones and that the surveillance video capturing the incident didn’t show him shooting Jones.

Defense counsel told the jury that the surveillance footage doesn’t actually show Bellamy shooting Jones. Instead the footage shows Bellamy extend his arm and Jones getting shot. It doesn’t show the actual shooting.

Another witness, who used to live in the neighborhood where the shooting took place, told the jury that she was leaving her residence at the time of the shooting and saw a group of boys. She said one boy, with tattoos on his face, was holding a gun to another boy’s head. Apparently, multiple boys in the group had tattoos on their faces.

The defense also highlighted the witness’s inconsistent testimony. According to the defense, the witness was previously shown a photo of Wayne Joaquin, who was another suspect in the shooting.

Apparently, the witness said Wayne was “absolutely and positively the person [she] saw.” However, during the trial, the witness denied having said this. Instead, she said she was only sure that Joaquin, who is now deceased, was one of the people she saw, but didn’t know whether he was the one holding the gun.

Bellamy didn’t testify.

Counsel’s closing arguments June 3 were almost entirely about the testimony of the eyewitness who identified Bellamy as the shooter.

The defense’s closing argument reiterated that the witness, who admitted to perjury, was unreliable because of his history of dishonesty in the case.

Even so, the prosecution relied on the witness to tie their case together because he provided the only evidence that could place Bellamy at the scene of the crime. 

Bellamy’s DNA was not found on the crime scene.

 

 

 

May Homicides Decrease, But Still Show DC’s Gun Problem

Even though May shows a substantial decrease in homicides compared to April, it also shows that Washington, DC’s illegal gun problem is getting worse.

According to D.C. Witness data, there were nine homicides in May, 10 less than the 19 homicides recorded in April. May’s homicide number mirrors the total number of homicides that occurred in March.

Of the May homicides, eight were gun-related and one was a stabbing. The homicides occurred in Wards 5,7 and 8, according to D.C. Witness data. The victims were all male with the youngest being 15 years old and the oldest being 44 years old.

The Metropolitan Police Department has apprehended two suspects in connection to the May Homicides. Travis Russell was arrested on June 3. He is being charged with first-degree murder while armed for allegedly stabbing Michael Hooker, 44, on the 2700 block of Martin Luther King, Jr. Avenue, SE. Russell, 35, is scheduled for a preliminary hearing on June 18.

Herman Sylvester Williams was arrested on June 4. He is charged with second-degree murder while armed for allegedly shooting 36 year-old William Boykin on the 2600 block of Birney Place, SE on May 28. Williams, 28, is scheduled for a preliminary hearing on June 20.

D.C. Witness data shows that 68 homicides have occurred in DC as of June 6, which is six more than the 62 homicides that occurred in 2018 during the same time period.

Counsel Questions Witness’s Credibility

During closing arguments June 4, the prosecution and the defense questioned the credibility of an eyewitness in a murder case.

Kenneth Bellamy is charged with first-degree murder for allegedly shooting 23-year-old Michael Jones, Jr. on the 3500 block of East Capitol St., SE in December of 2015. Bellamy, 35, is also charged with possession of a firearm during a crime of violence.

The prosecution’s closing argument was dependent on one eyewitness’s testimony. Even though the witness admitted to perjury, the prosecution is relying on him to tie their case together because he is apparently the only person who can place Bellamy at the scene of the crime. The defendant’s DNA was not found on the scene, according to counsel.  

Even though counsel agreed that the eyewitness is a bad liar, they questioned why the witness would try to protect another witness who is dead. The prosecution also pointed out how the defense’s closing argument relied largely on speculation such as an unsupported theory the victim’s friends and the eyewitness planned the murder.

The prosecution told the jury that, if the eyewitness was in on the crime, he would have used the six months before the trial began to come up with a better story than the one he provided in his testimony.

Bellamy had a third charge, carrying a pistol without a license outside a home or business, but it was dismissed. The charge was dismissed after DC Superior Court Judge Todd Edelman questioned the legality of charging Bellamy with two crimes that covered the same offense. Apparently, the charge is covered by other charges in the case, and Bellamy couldn’t be convicted of the same crime twice.

Bellamy’s defense attorney, Jon Norris, said the eyewitness’ story did have some significance in the case, but he didn’t trust the witness’s honesty.

Norris said he didn’t find the eyewitness reliable because he admitted to perjury. Norris also said the eyewitness had a suffiecient amount of time to make up Bellamy’s involvment in Jones’ murder.

According to the defense’s theory, the deceased witness was also a suspect for Jones’ murder. Apparently, the man was closely acquainted with Jones.

The jury began deliberations on June 4.

Brooke Welsh, Nick Slater, Julia Guercio and Megan Grote contributed to this article.

Judge Postpones Hearing for 3rd Time

On June 4, a judge delayed a hearing  that would determine whether the prosecution has enough evidence to bring a murder defendant to trial.

Keith Johnson, 26, is charged with second-degree murder while armed for allegedly stabbing 49-year-old Edwin Richardson. The stabbing occurred on April 5 on the 2900 block of Martin Luther King Jr. Avenue, SE.

DC Superior Court Judge Danya Dayson rescheduled Johnson’s preliminary hearing from June 4 to June 26. This is the third time the hearing has been rescheduled.

Johnson’s defense attorney, Dominique Winters, said that she and the prosecution were still in the process of plea negotiations, and she had just made the prosecution a counter-offer.

According to court documents, officers from the Metropolitan Police Department found Richardson unconscious and suffering from a stab wound. Johnson was arrested as a suspect on April 24.

 

Evidence Issues Cause Delay in Murder Case

During a felony status conference on  June 4, the defense for a murder defendant said they were having difficulties obtaining evidence from the prosecution.

Bobby Davis, 22, is charged with first-degree felony murder and first-degree cruelty to children for allegedly burning 6-month-old Brooklyn Zakiyaa Hill-Davis. The incident occurred on September 5, 2018, on the 1900 block of Valley Terrace, SE.

Dominique Winters, who stood in as Davis’ defense attorney, Ieshaah Murphy, said all evidence should have been handed over by June 4.

According to Winters, the prosecution was supposed to also turn in additional evidence as well. As a result, Winters said the defense could not proceed. 

DC Superior Court Judge Danya Dayson approved Winters’ request. A new status conference is scheduled on June 26.

The prosecution also told the judge that they would not conduct DNA testing.

According to court documents, Davis was caring for Brooklyn at the time of the incident. Davis claimed he was giving Brooklyn a bath and burned her accidentally because he did not check the water temperature.

Officers of the Metropolitan Police Department responded to Davis’ 911 call and found Brooklyn inside suffering from scalding burns. She was brought to the hospital and was pronounced dead five days later.

Conflict With Attorney Causes Complications in Murder Case

During a felony status conference for three murder defendants, a DC Superior Court judge said that conflicts between one of the murder defendants and his attorney might possibly cause delays in the trial date.

Charles Young, Sean McKenzie, and Steven Robin have all been charged with first-degree murder while armed for their alleged roles in the shooting of Kenneth Poindexter, 29, on January 20, 2018.

DC Superior Court Judge Todd Edelman said June 3 that Keven Mosley had been appointed as conflict counsel for Robin, 22, who was apparently experiencing problems with his attorney, Michael Madden. The nature of this conflict was not discussed in open court.

McKenzie’s defense attorneys said it is unlikely they will be ready for trial by Sept. 30, the date trial is scheduled to begin. Judge Eldeman said he was inclined to give the defense more time to prepare for the trial, but did not specify a new date.

A status conference to assess how the attorneys will proceed is scheduled on June 24.

 

Document: Police Arrest Suspect in Memorial Day Weekend Homicide

The Metropolitan Police Department arrested June 3 a suspect for the murder of a 44-year-old resident of Southeast, DC.

According to a press release, 35 year-old Travis Russell is charged with first-degree murder while armed for allegedly stabbing 44 year-old Michael Hooker on the 2700 block of Martin Luther King, Jr. Avenue, SE on May 26. Hooker was pronounced dead at a local hospital.



6 4 19 Arrest Made in a Homicide 2700 Block of Martin Luther King, Jr Avenue, Southeast (Text)