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Victim’s Family Outraged Over Murder Defendant’s 5-Year Sentence

To the dismay of a victim’s family, a murder defendant was only sentenced to five years in prison.

Koonce Wright pleaded guilty to voluntary manslaughter while armed for shooting his co-worker Brian Gibson, 45, on the 6900 block of Georgia Avenue, NW on December 8, 2017.

The prosecutor said that Gibson’s family was opposed to the plea deal because it did not take the defendant’s conduct into account. However, DC Superior Court Judge Craig Iscoe said he believed the length of the sentence in question was appropriate.

Judge Iscoe said the sentence was based on several factors, including the regret Wright, 60, expressed for his actions, the “moving” letters written by Wright’s family, and the circumstances under which the shooting had taken place.

Wright will be required to serve five additional years on supervised release after completing his prison term.

During the sentencing, Gibson’s cousin read a victim impact statement on behalf of the victim’s mother. In the letter, Gibson’s mother described the severe anguish that she and the rest of the family experienced as a result of Gibson’s death.

In the letter, the mother said that she has suffered severe consequences, such as sleepless nights, loss of appetite and questioning her religious faith. She also said her other son was especially traumatized since he was very close with Gibson.

The mother told the judge that she wanted “to take away the defendant’s freedom forever, just as he took away [her] son’s life.”

In addition to accepting the plea, Judge Iscoe also ordered Wright to register as a gun offender.

According to court documents, Wright and Gibson were both employed as shuttle bus drivers. Wright said Gibson attacked him and that he shot him out of self-defense.

Officers from the Metropolitan Police Department found Gibson unconscious and unresponsive with multiple gunshot wounds. He was pronounced dead on the scene.

 

Defense Requests Change to Murder Defendant’s Confinement Restrictions

Defense counsel requested that a judge modify confinement restrictions to let a murder defendant attend school.

Daquan Gray, 17, is charged with first-degree murder while armed for allegedly shooting 15-year-old Jaylan Wheeler on the 600 block of Alabama Ave, SE in 2018. Gray is being charged as an adult. 

Gray’s current confinement order, previously given by DC Superior Court Judge Ronna Lee Beck on July 30, 2018, required him to remain in his home except for when he was scheduled to appear in court. Gray’s defense attorney, Dana Page, asked that the order be changed to give Gray a few hours to attend school.

However, the prosecution expressed concerns about the change because the shooting that Gray is charged with occurred near a school. The prosecutor said it would be important to closely monitor Gray’s location if home confinement was lifted.

On May 24, DC Superior Court Judge Craig Iscoe said he wouldn’t order any changes until he is given a specific proposal about the school’s arrangements for Gray’s attendance.

According to court documents, officers of the Metropolitan Police Department found Wheeler unconscious and suffering from gunshot wounds to the body. He was pronounced dead at a local hospital later that evening. Gray was arrested for the shooting on May 30, 2018.

Gray is scheduled for a hearing, where he will determine if he wants to independently test DNA evidence, on Sept. 13. A trial is slated to occur on Sept. 8, 2020.

 

Defendant Had a Gun, Witness Says

During a murder trial May 23, a witness for the prosecution told the jury that moments after he saw the defendant with a gun, he heard gunshots and saw the victim collapse.

Kenneth Bellamy is charged with first-degree murder while armed and two gun-related offenses for allegedly shooting 23-year-old Michael Tyrone Jones on the 3500 block of East Capital Street, SE in 2015.

The witness said that on the night of the murder he was standing in the entryway of a building on East Capital Street with multiple other people when he saw Bellamy, 35, confront Jones about stolen marijuana. The witness said Jones had been bragging earlier in the day about marijuana.

The witness said Bellamy approached Jones, saying “Where that shit at.”

The witness said Bellamy’s hands were in his jacket pockets and that he could see the outline of a gun. He said shortly after the two exchanged words, Bellamy grabbed Jones and they began to “tussle.”

The witness said he saw Bellamy pull something that seemed like a gun out of his pocket. The witness said he started running away when he heard gunshots. He said he didn’t see anyone else with a gun.

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

The witness told defense attorney, Jon 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 testified in 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.

During opening arguments, the defense said the witness set Jones up to be robbed and killed. Apparently, Jones was a known drug dealer and had been bragging earlier in the day about drugs that he acquired. Norris said the witness and the true shooter conspired together.

The defense is scheduled to continue with their cross examination on May 28.

Judge Grants Defense’s Motion, Postpones Murder Trial

On May 23, a DC Superior Court judge granted the defense’s motion for a continuance of the murder trial, pushing it back by three months.

Paul Swann is charged with second-degree murder while armed for his alleged role in the shooting of Adam Barker, 21, on Feb. 29, 2016. Swann, 27, is also charged with unlawful possession of a firearm due to a prior conviction. Swann’s co-defendant, Traveous Lamont Brown, pleaded guilty to second-degree murder while armed in June.

Defense counsel said their expert will no longer be available in July, August, or September. The lawyers told Judge Ronna Lee Beck that they were concerned they would no longer be ready for trial.

Judge Beck rescheduled the trial from July 15 to Oct. 15.

The prosecution opposed the motion, arguing that the defense could simply get another expert. But, the defense said they needed to keep their specific expert because she possessed the necessary qualifications that were needed to give an informed and credible analysis of the evidence.

According to court documents, Swann and Brown, 29, engaged in a verbal argument with Barker before the shooting occurred. Barker was found by officers of the Metropolitan Police Department laying in the street, suffering from a gunshot wound. He was pronounced dead on March 1, 2016. Brown, who was also a suspect in the shooting, incriminated Swann during his testimony.  

D.C. Witness reported that the murder allegedly happened after Barker, 21, testified in trial of the murder of Simwone K. Milstead, his uncle.

Swann is scheduled for a motions hearing on June 14. Brown is scheduled for a status hearing on Aug. 2.

 

Prosecutor Says Significant Setbacks Could Delay Murder Trial

The prosecution told a DC Superior Court judge on May 23 that technological difficulties caused significant delays in  the progression of a murder trial.

Joshua Artis is charged with first-degree murder while armed for allegedly shooting Ryan Matthew Addison, 28, on the 200 block of Elmira Street, SW on Aug. 11, 2015. Artis, 29, is also charged with possession of a firearm during a crime of violence, conspiracy, obstruction of justice and unlawful possession of a firearm.

The prosecutor said there was technical difficulties in transferring data that was necessary for the trial.

During the hearing, Judge Ronna Lee Beck called Litigation Technology Specialist Leif Hickling, who is responsible for transferring the data, on the phone to ask him about the issue. Hickling said an unknown environmental factor was causing unusually slow downloads and uploads of the data.

Hickling said the difficulties could delay the transfer for at least another week.

In response to the difficulties, the prosecutor told Judge Beck that the delay would make his team miss a deadline to give data to the defense. The deadline was previously scheduled for May 23.

The prosecutor also said he would likely need to request a continuance of the trial. The trial is currently scheduled on June 3.

As of May 23, a new trial date has not been decided.

According to court documents, Addison was discovered by police suffering from multiple gunshot wounds. He was pronounced dead at a local hospital.

In December of 2018, D.C. Witness reported that Artis is a member of the Imperial Gangsta Bloods  (IGB), a criminal organization that operates in DC and Northern Virginia.

A grand jury indictment stated that a group leader of the IGB authorized Artis to kill Addison in retaliation for the death of Rodney Davis. Davis was allegedly a friend of Artis and the IGB leader.

 

Case Acquitted: Murder Defendant Pleads Not Guilty to Indictment Charges

This case has been acquitted.

A murder defendant decided to plead not guilty to six indictment charges on May 23.

Cedric Alexander, who is also known as “Tony White,” is charged with first-degree murder while armed for his alleged role in the shooting of Daquan Hooks on the 1900 block of 13 Street, SE on March 23, 2017.

Along with pleading not guilty to the murder charge, Alexander, 46, also pleaded not guilty to carrying a pistol without a license outside of a home or business with a prior felony, unlawful possession of a firearm with a prior crime of violence, robbery while armed and possession of a firearm during a crime of violence.   

The prosecutor and the defense told DC Superior Court Judge Ronna Lee Beck that they have had difficulties coordinating with the detective in the case in order to get DNA evidence. Counsel said that they will continue efforts to get the evidence.

According to court documents, officers of the Metropolitan Police Department found Hooks, 38, unconscious and suffering from a head injury during the early morning hours on March 23, 2017. Hooks was transported to the hospital where he was pronounced dead. The cause of death was a gunshot wound to the head.

Another hearing is scheduled on Oct. 25 where defense counsel is expected to let Judge Beck know if the defense wants to test the evidence at another facility. A trial is slated to occur in May of 2020.

Document: Homicide Outside of Elementary School in Southeast DC

The Metropolitan Police Department is investigating a fatal shooting that occurred in Southeast, DC.

According to a press release, police found 33 year-old Pierre Mercer suffering from multiple gunshot wounds on the he 2300 block of Shannon Place, Southeast. He died on the scene. The shooting occurred outside of Savoy Elementary School.

The shooter is described as wearing a dark ski mask and either drove or was driven away in a small, dark-colored SUV.

The Washington Post reported that Police Chief Peter Newsham said the shooting appeared to be targeted.

Police are offering a reward of up to $25,000 for information that leads to an arrest and conviction in this homicide or any other homicide in DC.  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 Next Tip Line —   50411.

As of May 23, there have been 62 homicides in Washington, DC with 42 of those homicides occurring in the Southeast quadrant of the city.



5 23 19 Homicide 2300 Block of Shannon Place, Southeast (Text)

Murder Defendant’s ‘Pride’ Caused 2015 Homicide, Prosecution Says

During opening arguments, a prosecutor said a murder defendant’s “pride” resulted in the death of a 23-year-old man. However, the defense says a witness set their client up to take the fall.

Kenneth Bellamy is charged with first-degree murder while armed and two gun-related offenses for allegedly shooting Michael Tyrone Jones on the 3500 block of East Capital Street, SE in 2015.

According to the prosecution’s theory, Bellamy, 35, couldn’t get over the fact that Jones stole his marijuana, which the prosector said was in a mason jar. The prosecutor said Bellamy, armed with a .40 caliber pistol, confronted Jones in an apartment building on East Capital Street.

Bellamy’s reputation was at stake, the prosecutor said.

Apparently, during the confrontation, Jones told Bellamy “you aint getting shit back,” referring to the marijuana, and Bellamy opened fire.

However, the defense refuted the prosecution’s theory all the way down to what was in the mason jar. According to defense attorney, Jon Norris, the mason jar was filled with PCP, a mind altering drug. He said Jones was a known drug dealer.

Norris also said one of the prosecution’s witnesses, who identified Bellamy as the shooter, set Jones up to be robbed and murdered. Norris said it was significant that Jones’ body was found in the laundry room because that’s where he was known to conduct drug deals. He also said Jones was bragging earlier in the day that he had PCP for sale.

Norris also told the jury that the witness changed his story multiple times. Apparently, the witness initially denied being at the scene, and then said he heard a “tussle” and fled the scene. Norris said the witness changed his story entirely when the police told him they heard he set Jones up.

Norris said the police coerced the witnesses to give them a name. According to Norris, the police threatened the witness, saying he could go to jail for 40 or more years. The police also told the witness that he wasn’t built for jail. Norris said the the police forced the witness to say “bird” was the shooter.

Bellamy, whose nickname is“bird” was apprehended. However, Norris said the witness sold drugs for another man who also has the nickname “bird.” Norris said the other bird was the true shooter. 

Bellamy was falsely accused. His only tie to the case is his nickname, Norris said.

The trial is scheduled to continue on May 23.

Murder Defendant Requests Change in Counsel

On May 22, a DC Superior Court judge allowed a murder defendant to change counsel.

Shelby Jones, 18, is charged with first-degree murder while armed for his alleged role in a shooting that resulted in the death of Davon Fisher, 17. The shooting took place on the 400 block of Riggs Road, NE during the afternoon on Jan. 12, 2018.

Judge Ronna Lee Beck appointed Keven Irving as Jones’s new attorney. Irving replaced Madalyn Harvey. In order for Irving to have time to become familiar with the case’s material, he and the prosecutor agreed to set a status hearing in three weeks.

According to Judge Beck, Jones has expressed a desire to withdraw his plea. Judge Beck said the request would be addressed at the upcoming status hearing. Jones will also be expected to make a decision on the plea.

Judge Beck also said the original July 26 sentencing date needs to be rescheduled. A specific date was not decided.

According to court documents, Metropolitan Police Department officers located three victims, including Fisher, suffering from gunshot wounds inside a residence. Fisher was pronounced dead at the hospital. The other two victims survived.

Jones is scheduled for a status hearing on June 24.

 

Defense Counsel Raises Concerns About DNA Testing

On May 22, counsel discussed DNA testing for a murder trial that involves the death of an infant boy.

Brian J. Wooden is charged with felony murder of a victim who was especially vulnerable and first-degree cruelty to children for allegedly beating his girlfriend’s 1-year-old son, Carter Sanders, on the 4700 block of Benning Road, SE on May 16, 2018.

Wooden’s defense attorney, Marnitta L. King, raised concerns about the reproduction of DNA evidence that needs to be examined by the defense’s expert witness. King said the process is costly and time-consuming. She emphasized the importance of starting the reproduction process as soon as possible.

The process cannot be started until a $300 fee is paid, King said. She requested that DC Superior Court Judge Milton Lee collaborate with her to find the best method to make this payment, but a definitive approach was not specified.

The prosecutor said there are 20 slides and that it was estimated to take a minimum of two months for every slide to be reproduced by the Office of the Medical Examiner of the District of Columbia. Once reproduced, King said it would take between 30-60 days for her expert to properly analyze the slides. She expressed that her goal was to get the slides to her expert by August so they could be analyzed in time for the trial.

Counsel agreed that the trial should be scheduled in October. As of May 22, DC Courts lists a possible trial date on Oct. 21.

According to court documents, Carter’s mother reported that Wooden dropped her off at the Gallery Place Metro Station in Northwest DC and left to care for Carter. She also said, during a phone call between her and Wooden later that day, he abruptly ended the call and then called her back a few minutes later saying her son wasn’t breathing and that she should get home quickly.

Apparently, Wooden called 911 to report an “unconscious 1 year old.” When officers from the Metropolitan Police Department arrived at the apartment, they found Carter unconscious and unresponsive. Carter was transported to the Children National Medical Center and was later pronounced dead. The autopsy revealed multiple blunt-force injuries that seemed non-accidental, according to a medical examiner.

Wooden is scheduled for another status hearing on July 23.

 

Judge Denies Motions to Suppress Murder Defendant’s Statement to Police

Even though the defense says their client was “emotionally coerced,” a DC Superior Court judge denied counsel’s request to suppress a murder defendant’s statement to police,

Kenneth Bellamy is charged with first-degree murder while armed and two gun-related offenses for his alleged role in the shooting of 23-year-old Michael Tyrone Jones on the 300 block of East Capital Street, SE in 2015.

Judge Todd Edelman said Bellamy, 35, was arrested on a warrant for his bodily fluids and that’s when he waived his Miranda rights, which guarantee the right to remain silent, and spoke to police. Apparently, Bellamy told police that he wasn’t involved in Jones’ murder.

Judge Edelman said any distress that Bellamy is alleged to have had wasn’t furthered by the police. Instead, Judge Edelman said, based on a recorded interview, the police were “trying to calm him down,” which can be seen when they brought him water, let him go to the bathroom and make multiple phone calls.

The police “made no effort to take advantage,” Judge Edelman said.

He said that by the time Bellamy waived his rights he was calm. Judge Edelman also said that when the police were reading Bellamy his rights, Bellamy kept cutting in trying to tell his story.

However, the defense said Bellamy was in “extreme distress” when he waived his rights and spoke with police about Jones’ murder. Defense attorney, Jon Norris, said the police were aware of Bellamy’s state and took advantage of the situation.

Norris said Bellamy was crying and said he didn’t want to be alone. Norris also said the police repeatedly left him alone and that Bellamy would rather talk than be left alone.

According to DC Courts, Norris filed the motion to suppress his client’s statement on May 13.

According to court documents, Jones was shot nine times in the laundry room of an apartment building. Witnesses told police they overheard people say that Bellamy shot Jones because Jones stole from his marijuana stash.

Bellamy’s trial is scheduled to begin on May 22 with opening arguments.

Judge Lifts Protective Order in Murder Case

In preparation for a murder trial, a DC Superior Court judge granted defense counsel’s request to lift an order that protects the identity of the prosecution’s witnesses. The order is scheduled to be lifted on June 14.

Mario Alfaro is charged with first-degree murder while armed and two gun-related offenses for his alleged role in the shooting of 22-year-old Jonathan Vilchez on the 5400 block of Georgia Avenue, NW on Nov. 8, 2017.

Alfaro’s defense attorney, James King, argued in favor of the ruling, saying the contact information of the witnesses was known and had already been discussed with Alfaro, 24, before the order was issued.

Even though the defendant already knows who the prosecution’s witnesses are, King said May 21 that he hasn’t disclosed any additional evidence to his client, including body worn camera footage, witness statements and grand jury testimony, since the order was issued.

King also told Judge Danya Dayson that there was no evidence that would indicate that removing the order would pose any danger to the witnesses.

The prosecution didn’t argue against the ruling.

According to DC Courts, Judge Dayson issued the protective order on Feb. 5.

Alfaro also waived his rights, under the Innocence Protection Act, to independently test DNA evidence. According to the prosecution, the evidence includes various articles of clothing, swabs of blood and swabs from handguns recovered on the scene of the crime.

According to court documents, surveillance footage shows a man, who police say is Alfaro, enter the Lucky Corner Market on Georgia Avenue with an “angry demeanor,” and mouth something to Vilchez. The man can then be seen reaching for a gun, and, at the same time, Vilchez also pulls out a gun and shoots in the man’s direction. Vilchez collapsed in the threshold of the store.

Alfaro is scheduled for a status hearing on June 28.

 

 

Man Receives 4-Year Sentence Despite Murder Acquittal

Even though a man was acquitted of homicide charges connected to a 16-year-old girl’s death, a DC Superior Court judge sentenced him to more than 4 years in prison.

Judge Craig Iscoe sentenced Saeve Evans to 4.6 years in prison for unlawful possession of a firearm with a prior conviction during a shootout that killed Breyona McMillian on the 1200 block of I St., SE in 2016. The judge also applied good time served to Evans’ sentence, reducing it by 8.4 months.

“It never struck me [that] you were out to kill [because] you would not have casual conversation,” Judge Iscoe told Evans, 33, on May 17.

Judge Iscoe said he made his decision on the fact that Evans was carrying a “mini-uzi” even though he knew he was in violation of the law.

In addition to serving time in prison, Evans has to register as a gun offender and pay $100 to the Crime Victim’s Compensation Program. He is also required to serve an additional three years on supervised release after his prison term.

Judge Iscoe said his decision was not based on Evans’ pre-sentence report nor prior offenses he was acquitted on, including three additional murder charges. The sentencing range for Evans’ offense was from two years to five and a half years in prison.

“I hope you are able to put your life back in order and serve your family and children,” Judge Iscoe said. “You’ve got to do a complete change in the type of life you are living.”

During the sentencing, Evans’ defense lawyer, James King, requested a shorter sentence of three years with a possible term of probation for the gun offense. He said Evans was carrying a gun because he had been shot multiple times before.

“We have a person who had a gun for protection,” King said, referencing that Evans, who was thought to be a snitch, didn’t feel safe in his own neighborhood.

According to the defense, Evans wants to get beyond the incident and move away from the District of Columbia with his family.

“I’m extremely sad with what happened to Breyona. I loved her like a little sister,” Evans told Judge Iscoe, adding that he only wanted to be a good father to his children.

The judge’s sentence fell between the prosecution and defense’s sentencing requests. The prosecution asked for the maximum sentence — five and a half years — saying Evans evoked fear, was a high risk and continued to disobey the law even though he had been incarcerated before. The prosecutor cited a pre-sentence report that said Evans was arrested seven times for gun possession.

 

 

Prosecutor Has 7.5 Months to Obtain Grand Jury Indictment, Judge Says

During a status hearing May 20, a DC Superior Court judge said the prosecution has about seven and a half months to indict a murder defendant.

Alton Rivers is charged with second-degree murder while armed for his alleged role in the death of 68-year-old Anthony Anderson on the 3600 block of 14th Street, NW on July 27, 2018.

During the hearing, Judge Todd Edelman also acknowledged that Rivers, 55, successfully withdrew his guilty plea and was deemed competent to stand trial.

Given the fact that Rivers entered the plea agreement before a grand jury could return an indictment, the nine month indictment deadline will pick up where it left off, according to Judge Edelman.

According to Title 23 of the Code of the District of Columbia, the prosecution has nine months from the date the defendant was arrested to obtain a grand jury indictment. If they fail to obtain an indictment, the case could be dismissed.

D.C. Witness previously reported that Rivers entered into a plea agreement and pleaded guilty to voluntary manslaughter while armed in connection Anderson’s death in September. However, Rivers later withdrew from the plea, saying that he believed he acted in self-defense.

According to DC Courts, Judge Judith Bartnoff granted Rivers’ motion to withdraw his guilty plea on May 15.

Rivers is scheduled for a felony status conference on Aug. 29.

Prosecution Set to Receive Murder Case Evidence from Virginia

The prosecution notified the court May 20  that it was in the midst of obtaining case evidence from another prosecutor in Virginia.

Joshua Artis is charged with first-degree murder while armed, conspiracy and obstruction of justice, among other charges, for his alleged role in the death of 28-year-old Ryan Addison on the 200 block of Elmira Street, SW in 2015.

During the hearing, a prosecutor from the United States Attorney’s Office from the Eastern District of Virginia said she has thousands of documents that relate to a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) operation that arrested a gang member that is related to the case.

 Operation “Tin Pandaarrested and convicted 50 people, including the leader of the Imperial Gangsta Bloods, IGB, “a criminal organization operating in the United States, including in Northern Virginia and the District of Columbia,” according to a grand jury indictment.

Apparently, the IGB leader pleaded guilty to conspiracy in connection to Addison’s death, among other charges.

According to a grand jury indictment, Artis is a member of IGB and was “authorized” by an IGB leader to travel from Virginia to Washington, DC to kill Addison, who they believed killed Rodney Davis, a friend of theirs. Davis was fatally shot on the Unit block of Galveston Place, SW in 2015.

The Virginia prosecutor said that some of the evidence is available today and that the rest would take a couple of days to send.

DC Superior Court Judge Ronna Beck said the prosecution has until May 23 to hand over the first batch of evidence and until May 28 to hand over the rest.

Defense attorney, Judith Pipe, said that because of the large amount of evidence, she’s not requesting that the data be “culled” or reduced to only relevant information. However, Pipe did say she still expects the prosecution to identify portions of the data that would be relevant.

Artis is scheduled to go to trial on June 3. Artis’ trial date is contingent on the Interstate Act on Detainers, an agreement entered by the United States and the District of Columbia that sets limitations on the timespan of cases brought to trial.

The act solely applies to prisoners sentenced for unrelated trials that are transferred between two states. The act states that if the prisoner’s trial doesn’t occur within 120 days of the prisoner’s arrival in the state, then the case is dismissed with prejudice.

Artis is scheduled for a status hearing on May 23.