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Witness Identifies Murder Defendant as Stabbing Assailant

During a jury trial Nov. 18, the only eyewitness to a stabbing claimed that a murder defendant was the perpetrator and not him. Leonard Smith is charged with second-degree murder for allegedly stabbing Leonte Butler, 26, on the 4000 block of South Capitol Street, SE in 2017. During the eyewitness testimony, which continued from last week, he said he watched Smith stab Butler. The witness told the jury that he did not commit the crime like the defense says. The witness testified that Smith stabbed Butler because Butler hit Smith in the mouth causing him to bleed. Defense attorney, Anthony Matthews, played a recorded video of Smith and the witness slap boxing the night of the murder. The time of day when the video was taken was not told in court and the witnesses testified that he did not even remember the video being taken. The witness also said that all three parties were drinking and high that night from a cocktail of drugs. Matthews also questioned the witness about his testimony being influenced by the reward money. During an interview with Metropolitan Police Department detectives, the interview inquired about the reward. The witness said he was just saying he would like to have that amount of money not that he was, “trying to cooperate for the money.” He also said he believed and still believes the police may be considering him as a suspect for the murder but admitted he lied to the police during his first interview because he “wanted no parts of any of this.” DC Superior Court Judge Danya Dayson dismissed the jury for the day and required both the defense and prosecution to return to court later in the day to discuss a matter that was not talked about in open court. Trial is scheduled to resume on Nov. 19.

Document: Police Arrest Man Connected to August Murder

Officers from the Metropolitan Police Department arrested a man Nov. 18 who was wanted in connection to a fatal shooting that occurred during the summer.

According to a press release, police arrested 26-year-old Melvin Simmons. Simmons, a resident of Temple Hills, Md., is charged with first-degree murder while armed for the death of 28-year-old Ronald Brown on the 3400 block of 18th Street, SE on August 22.

Brown, who was a resident of Southeast, DC, died on the scene.

Simmons is awaiting his first DC Superior Courts hearing in connection to the charge.

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Document: Juvenile Fatally Shot in Ward 7

The Washington Metropolitan Police Department is investigating a fatal shooting that occurred on the 4600 block of Hillside Road, SE.

On Nov. 17, officers responded to the location after hearing gunshots. Officers found 17-year-old Shaquan Buggie, a resident of King George, Va., unconscious and suffering from multiple gunshot wounds, according to a press release. Buggie was taken to a local hospital where he was pronounced dead.

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

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Defense Will No Longer Contest Medical Order

During a status hearing Nov. 15, a defense attorney indicated that he would not contest a judge’s order to give his client medication against his will.

Brandon Byrd is charged with first-degree murder while armed and carrying a dangerous weapon for allegedly stabbing his 44-year-old father, Otis Byrd, on the 100 block of Michigan Avenue, NW in 2016.

D.C. Witness previously reported that medical experts had testified that Byrd is incompetent to stand trial, but if he received medication, which he had so far refused to take, then his competency would likely be restored.

Defense attorney Craig Hickein said that the court could not medicate Byrd against his will.

DC Superior Court Judge Ronna Lee Beck ordered that Byrd be medicated in order to restore his competency to stand trial. During the hearing, Hickein indicated that he would not seek to dispute the order.

Judge Beck asked Byrd to cooperate with medical staff, saying she hoped that his competency would be restored.

Byrd is scheduled for a mental observation hearing on March 6, 2020.

This article was written by Paul Mullholland.

Prosecution is Coercing Witnesses, Defense Says

A team of defense attorneys said a prosecutor was coercing witnesses and obstructing justice in a murder case. Jolonta Little, 26, and Monte Johnson, 21, are charged with conspiracy in a bias-related robbery while armed, a bias-related crime with a firearm, possession of a firearm during a crime of violence and felony murder while armed for a bias-related crime for allegedly shooting 22-year-old Deeniquia Dodds, a transgender woman, on the 200 block of Division Avenue, NE in 2016. During a status hearing on Nov. 15, the defense requested that the case be dismissed due to prejudice. Johnson and Little went to trial in March of 2019. However, a mistrial was declared because the jury was unable to reach a unanimous verdict. Defense attorney, Kevin Irving, said that a previous prosecutor had knowledge that one of the juror’s son was being prosecuted by another prosecutor that worked in the same office. According to Irving, the former prosecutor who was assigned to Little’s case said he talked to the prosecutor assigned to the juror’s son’s case and suggested she be fair in her sentence. The prosecutor was then removed from the case after the first trial in March 2019, and a new prosecutor was assigned. No information was given as to why the prosecutor was removed. “He had a plan to influence the jury, there’s prejudice here, his action taints everything he did in this case,” said Irving. The defense claimed that it was an obstruction of justice and the prosecutor’s actions were intentional. Defense counsel requested that the case be dismissed, or, at least have a hearing where the prosecutor would testify. “It should not have been done, but it is not criminal. It does not affect the jury, there is no evidence the trial was tainted,” said the current prosecutor. DC Superior Court Judge Milton C. Lee said the prior prosecutor’s behavior was not consistent with justice but was consistent with a need to win cases. “When stuff like this happens in your office, nobody knows. Your office has to be looking at it, it’s troubling, that there’s a different standard for the defense because everything is public. If you act like it’s okay it could be replicated,” said Judge Lee. Judge Lee said he would make a final judgement after the prosecution and defense filed further arguments. Another jury trial is set on Feb. 25 2020. This article was written by Ellery Groth.

Teenage Murder Defendant Rejects Plea Deal, Again

A murder defendant rejected a plea deal, opting to go to trial. Malik Holston, 17, is charged with first-degree murder while armed for his alleged role in the shooting of 15-year-old Gerald Watson in  an apartment building on the 2900 block of Knox Place, SE in 2018. During a status conference on Nov. 15, the prosecution told Holston that if he pleaded guilty to second-degree murder while armed with aggravating circumstances all other charges would be dropped. The deal carried a potential sentence between 15 to 22 years in prison. Holston rejected the offer. D.C. Witness previously reported that Holston rejected an initial plea deal in October as well. Holston’s defense counsel, Anthony Matthews, told the DC Superior Court Judge Milton C. Lee that the defense intended to conduct independent DNA testing on materials recovered from Holston’s home. Holston is being charged as an adult. A trial is scheduled to occur on July 22. This article was written by Ellery Groth.

Judge Postpones Sentencing Until Defendant Can Be in Court

A sentencing hearing on Nov. 15 had to be postponed because the defendant was being held outside DC’s jurisdiction.

Traveous Lamont Brown pleaded guilty to second-degree murder while armed in June 2018 for his role in the fatal shooting of Adam Edwin Barker in 2016 on the 2000 block of Langston Place, SE. Paul Swann has also been charged in this murder, and was sentenced to 17 years in prison for second-degree murder in June.

Though Brown was scheduled to be sentenced today, but he was not present in court because he is being held outside of DC for another matter.

It was not stated where he was being held or why, but court documents show that federal officials are holding him on an unrelated and unspecified matter.

Brown’s sentencing was rescheduled for Jan. 3, 2020.


Murder Defendant Takes Plea Deal For Homicide in Homeless Shelter

A murder defendant pleaded guilty Nov. 15 to aggravated assault for an incident that occurred in a homeless shelter. Marco Scott-Bey, 32, pleaded guilty to aggravated assault for the murder of 53-year-old David Bodrick on the 1300 block of New York Avenue, NE. on July 31. During a preliminary hearing, Scott-Bey’s defense counsel, Madalyn Harvey, told DC Superior Court Judge Milton C. Lee that the defendant would be taking a plea deal. The 32-year-old pleaded guilty to aggravated assault for a maximum of 10 years in prison. All other charges were dropped. The prosecution said that Scott-Bey got into an altercation with Bodrick at a homeless shelter over a blanket that was allegedly stolen. Scott-Bey then punched Bodrick in the head and fractured his skull. Bodrick later passed away from a brain injury in late August. AScott-Bey is scheduled for a sentencing on Jan. 31, 2020.

Judge Appoints New Attorney for Murder Defendant

During an ascertainment of counsel hearing Nov. 15, a murder defendant received new counsel.

Gary Proctor, 41, was convicted of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence and carrying a pistol outside a home or business on Aug. 1. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs, on July 27, 2015, on the 1300 block of First Street, SW.

DC Superior Court Judge Danya Dayson said she had received a letter from Proctor, which she interpreted as a request for new counsel.

Proctor is now represented by Betty Ballester. The defendant’s former defense attorney was Steven Kiersh. Both attorneys are with the Public Defenders Service of DC.

On Sept. 30, Kiersh filed a motion for a new trial, citing problematic arguments made by the prosecution, including one in which the prosecution described the strength of the case as being like a seesaw with one big kid at one end and smaller kid at the other.

Kiersh said the description made it sound as if the defense’s burden equals that of the prosecution, when in fact the burden is entirely on the prosecution.

Ballester did not indicate if she wished to continue with the motion. It was not said in open court why Proctor did not wish to be represented by Kiersh any longer.

Proctor is scheduled for a status hearing on Dec. 2

Judge Gives Murder Defendant Credit for Time Served

A DC Superior Court judge sentenced a murder defendant to eight years in prison but gave him credit for time served for cooperating with the prosecution. Steven Pugh pleaded guilty to second-degree murder for his involvement in the shooting of 39-year-old Marcellus Green on the 3200 block of 28th Street, SE. Chief Judge Robert Morin, sentenced Pugh, 26, to eight years with credit for time served because Pugh agreed to cooperate with the government in exchange for a benefit. The benefit would allow Pugh to serve a little more than three years in prison. Dominique Williams and Maricco Knight were also arrested and charged in connection to this case. Williams, 25, was sentenced to 24 years in prison after being found guilty of second-degree murder while armed in May 2018. Knight, 26, was sentenced in May of 2018 to seven years in prison for being an accessory after the fact and six years for obstruction of justice. Both sentences are being served at the same time. Knight filed a notice of appeal in May 2018. Pugh testified during William’s and Knight’s joint trial, which the prosecutor said was “crucial,” to the convictions. He also testified in front of the grand jury for an unrelated case The prosecutor recommended that Pugh be sentenced to eight and a half years with credit for time served. He said that he wanted Pugh to receive a benefit for his help but, believed that if Pugh had not been driving the car the night of the murder, Green would still be alive. The defense asked the judge to sentence Pugh to five years in prison with credit for time served and to also recommend that Pugh serve his sentence in a facility far away from the District because of the threats made to his life. No family or friends of Green were present in court to make victim impact statements. However, the family was at the sentence hearings for William and Knight. Pugh’s family was not in court. Pugh said his family has received death threats since his cooperation. “I accept full responsibility for what I did in all of this but, I did help and I did risk my safety and my families safety.” According to court documents, Pugh was driving the get away car on the night of the murder. After police found Pugh’s vehicle Pugh led them on a high speed chase for about 30 minutes. Apparently, Pugh also gave Williams the gun that killed Green. Green was not the intended target.

Document: Potomac River Rapist Arrested, Also Charged with Murder

During a news conference Nov. 14, Metropolitan Police Chief Peter Newsham announced that, with the help of the Montgomery County Police Department, the Federal Bureau of Investigation, the United States Attorney’s Office and the US Marshals Service, a suspect wanted in connection to several sexual assaults and a murder had been arrested.

Sixty-year-old Giles Daniel Warrick was arrested Nov. 13 and charged with first-degree murder and sexual assault.

According to a press release, Warrick is being charged for the death of 29-year-old Christine Mirzayan, a congressional fellow, in 1998. Mirzayan was finishing a policy fellowship program in DC.

During the evening hours on Aug. 1, Mirzayan was walking in the 3600 block of Canal Road, NW, when the suspect approached her, the release said. The suspect physically and sexually assaulted the victim. On Aug. 2, 1998, the victim was found dead at the listed location.

Nesham said she had been struck several times in the head with a large rock in addition to being raped.

Warrick, who owned a landscaping company and was a utility contractor, is also connected to nine other assaults in the Washington-metropolitan area from 1991-1998. The victims ranged in age from 18 to 41 years old.

Newsham said Warrick’s DNA was a match to all of the attacks.

There is a possibility that other assaults may have occurred. It is believed that Warrick recently relocated to South Carolina from the District.

Anyone with information about this case or believes they may be a victim is asked to call the Metropolitan Police Department at 202-727-9099 or the FBI at 1-800-CALL-FBI (1-800-225-5324). Anonymous information may be submitted to the department’s TEXT TIP LINE — 50411. A tip can also be submitted at https://tips.fbi.gov/.

“I want to my heartfelt condolences to the Mirzayan family, to Christine’s family, to all the victims of the attacks that were plagued by these heinous acts,” Newsham said.

11 14 19 Arrest Made in 1998 Cold Case

Counsel, Judge Resolve Issues Before Murder Trial

Even though opening statements in a murder trial were set to begin on Oct. 28, they have not because of several issues raised by counsel. 

Sean Baker, 40, is charged with second-degree murder while armed in the Jan. 31 stabbing death of 35-year-old Robert Wiggins on the 300 block of 37th St., Southeast. Baker was initially charged with assault with intent to kill. Baker is a transgender woman. 

On Nov. 14, counsel worked to resolve several issues before opening statements could begin. The issues included, a waiver of conflict, a motion regarding evidence obtained from Baker’s cell phone, testimony from a witness, the unauthorized search of Baker’s apartment, information on a previous assault against Baker, jury instruction on bias, updates on immunity agreements for witnesses and the extent of any bias the defense plans to raise against the prosecution. 

In 2016, Baker’s case was initially assigned to defense attorneys, Janet Mitchell and John Fowler. However, Mitchell was dismissed later that year and Baker was appointed new defense counsel, Dominique Winters. All three attorneys are from the public defender’s service. 

During the proceeding, a signed waiver of conflict-free counsel was given to the judge. 

The waiver was required because Baker was assigned different PDS attorneys after expressing a conflict with PDS counsel. 

The waiver stipulates that Baker cannot claim ineffective counsel if found guilty. 

During the proceeding the defense also requested a suppression of evidence from an unauthorized search, claiming that Baker’s sixth amendment rights were violated. Apparently, Mitchell gave authorities permission to search Baker’s apartment. Mitchell gave the permission without speaking to Baker. 

However, Judge Edelman did not agree, stating that the unauthorized search was more of a strategic maneuver from counsel that became erroneous. 

Judge Edelman ruled Nov. 13, to suppress text all content found on Baker’s cell phone. 

Because of the ruling, the defense filed another motion to suppress testimony from a witness who was only contacted after the cell phone was scanned for information.

Defense attorney, John Fowler, said the witness was coerced. Fowler said the witness did not want to testify against Baker but feared that if he didn’t he would go to jail.

But, the prosecution said the witness willingly complied.

Judge Edelman denied the defense’s motion, saying that even though the witness may have been reluctant to testify, he still showed up to interviews and gave the prosecution access to his phone.

Judge Edelman also said Baker’s cell phone records, specifically text messages between Baker and the witness, could not be introduced as evidence. However, the witnesses’ text messages with Baker could be used as part of the prosecution’s theory.

Opening statements are scheduled to begin on Nov. 18.

Murder Defendant Pleads Not Guilty, Requests Trial Date

A murder defendant pleaded not guilty Nov. 14 to any connection with the death of man in Southeast, DC.

Elhadji Babacar Ndiaye is charged with first-degree murder while armed for allegedly shooting 21-year-old Travis Deyvon Ruth on the 2700 block of Jasper Street, SE in January. According to court documents, Ruth was shot nine times with a majority of the wounds in his back.

The defense also submitted a request for discovery. 

Ndiaye, 20, is also charged with robbery while armed, possession of a firearm during a crime of violence, obstruction of justice, tampering with evidence and destruction of property.

The prosecutor said that some discovery had already been submitted, but she was waiting on a protective order to be approved to submit the rest. 

Ndiaye’s defense attorney, Roderick Thompson, said he received the order late and needed some time to go over it. 

In response DC Superior Judge Todd Edelman set a status hearing to make sure evidence was being given to the defense. The status hearing is set on Jan. 31, 2020. 

Thompson also requested that a trial date be set. The trial is expected to begin on Sept. 29, 2020. The prosecution has not offered Ndaye a plea deal in the case as of Nov. 14. 

Document: Police Arrest 2nd Suspect in Triple Homicide

On Nov. 13, members from the Metropolitan Police Department arrested a man who was wanted in connection to a triple homicide that occurred on Jan. 26.

Jonathan Winston, 30, is charged with first-degree murder while armed for his alleged involvement in the shooting deaths of 26-year-old Sean Shuler, 26-year-old Javon Abney and 24-year-old Tyrik Hagood on the 1500 block of Fort Davis Place, SE.

Rakeem Willis, the other suspect in the homicides, was arrested on June 11. He was also charged with first-degree murder while armed.

Willis, 28, is scheduled for a status hearing on Dec. 4. Winston is scheduled for a preliminary hearing on Nov. 26.

The case is still under investigation, according to a press release.

The police department is offering a reward of up to $25,000 to anyone that provides information which leads to the arrest and conviction of the person or persons responsible for any homicide committed in the District of Columbia. Anyone with information about this case is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

 



11 13 19 Second Arrest Made in a Homicide 1500 Block of Fort Davis Place, Southeast

No Blood is on a Murder Weapon, DNA Analyst Says

An analyst confirmed that there was no blood on the suspected murder weapon during a trial on Nov. 14.

Leonard Smith is charged with second-degree murder for allegedly stabbing Leonte Butler, 26, on the 4000 block of South Capitol Street, SE in 2017.

The analyst said that tests could not detect blood on a knife from the crime scene.

She also said a small amount of DNA was recovered from handle of the knife, however, it was not enough to make a match to any person.

She added that environmental factors, such as extreme heat, or rain, could have also compromised the DNA.

Smith’s defense attorney, Anthony Matthews, inquired if the analyst had any reason to believe the knife had been exposed to such factors. The analyst said that she had not.

During the proceeding, the prosecution called another witness, whom the defense believes is an alternative suspect.

The witness testified that he met Butler a few months earlier and thought they were friends. The witness said that he and Butler were not very close friends. He said that Butler spoke with a stutter, and the witness also had one when he was a child, which helped them bond.

The witness testified that he, Butler, and Smith, who is now 33, had been drinking and using drugs that night. Camera footage showed the men walking between a local liquor store and the houses of two other friends.

Apparently, Smith had been mocking Butler’s stutter for much of the night. The witness said he mocked Butler as well.

According to the witness, the mocking led to a confrontation between Smith and Butler.

Smith grabbed Butler’s coat, then Butler tried to pulled away from Smith, the witness said. Butler apparently smacked Smith in the face while he was pulling away from Smith. Smith then stabbed Butler “multiple times” in the body.

The witness said he walked away, instead of trying to help Butler. He then returned with Smith to their friend’s house where the witness says he got sick.

The trial is scheduled to resume on Nov. 18.