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Judge Releases Murder Defendant Despite Accusations of Death Threats

During a detention hearing April 25, a DC Superior Court judge ordered a murder defendant released to a halfway house amid accusations of death threats and “habitual” drug use.

Joseph Smith is charged with voluntary manslaughter while armed for his alleged role in the death of his 62-year-old brother, Arnold Smith, in their family home located on the 600 block of Galveston Place, SE on April 9.

During the hearing, the prosecution notified the court that someone outside of the family who was around Smith for the past year said she heard him say he was going to “gut the decedent like a fish.” 

The witness also told the prosecution that she was present when Smith threatened to burn down the house. Apparently, the threat was two weeks prior to the stabbing.

The prosecution also told the court that Smith had an “intense” addiction to PCP, a mind altering drug. The witness said Smith had a “glassy eyed” appearance on multiple occasions and that there was a bad odor near his room in the house.

In response, Judge Danya Dayson acknowledged the witnesses statements and said she believes Smith poses a threat to his family and potentially to the community. However, after the defense made representations concerning Smith’s health at the bench, Judge Dayson agreed to release him to a halfway house.

Per the conditions of his release, Smith is required to wear a GPS monitor and submit to drug testing. He must also stay away from his sister and his family home on Galveston Place and not initiate contact with his elderly parents.

D.C. Witness previously reported that Judge Dayson found probable cause and was debating if she should release Smith under the high intensity supervision program (HISP) pending his drug test results.

Smith is scheduled for a felony status conference on July 26.

Judge Finds Probable Cause, Holds Murder Defendant Without Bail

A DC Superior Court Magistrate judge found probable cause April 25 and ordered that a 26-year-old murder defendant be held without bail.

Keith Anthony Johnson is charged with second-degree murder while armed for his alleged role in the death of 49-year-old Edwin Richardson on the 2900 block of Martin Luther King, Jr. Avenue, SE on April 5. According to court documents, Richardson was stabbed after a group of men chased him through an intersection.

After hearing arguments from counsel, Judge Errol Arthur found probable cause for murder, saying that even if Johnson didn’t stab Richardson, he was an “active participant” in the events leading to the murder.

Defense attorney, Dominique Winters, said surveillance footage, which shows a group of men chasing Richardson prior to his death, didn’t show the actual stabbing. Winters said the prosecution has no evidence that Johnson knew about the stabbing, which means there’s no proof Johnson aided in Richardson’s death.

In turn, the prosecution said Johnson was identifiable on the footage because he was wearing a red jacket. The prosecutor said Johnson chased Richardson through an intersection with a group of other men, which the prosecutor argued is proof that Johnson knew of the stabbing. Apparently, Johnson also spoke to police and admitted to getting in an argument with Richardson and said he “enjoyed” chasing him.

Regarding release, Winters acknowledged that Johnson has three pending misdemeanor cases, but said that he doesn’t have weapons or felony charges that would make him a danger to society.

However, the prosecutor said Johnson was already on probation at the time of his arrest, and that he had failed to appear in court. The prosecutor also said Johnson’s family was evicted prior to his arrest and that he was unemployed, which would make him more likely to commit crimes upon release. 

“We don’t detain people because they’re homeless or unemployed,” Winters said addressing the prosecution’s argument.

Johnson is scheduled for a preliminary hearing on May 6.

Teenager Pleads Guilty to September Homicide

During a hearing April 25, a teenage murder defendant pleaded guilty for his role in the death of a man who was killed outside of his grandmother’s home.

Jamal Blocker pleaded guilty to second-degree murder while armed in connection to the death of 23-year-old Damon Dickens on the 2500 block of Bowen Road, SE on Sept. 24, 2018. According to the Washington Post, Dickens was visiting from out of town. family believes that he wasn’t the intended target. 

Per the terms of the plea agreement, the prosecution agreed to downgrade Blocker’s first-degree murder charge to second-degree murder while armed. As stated in the 2018 voluntary sentencing guidelines, Blocker, 17, could face a maximum sentence of life in prison.

While Blocker is a minor, DC Superior Court Judge Ronna Beck said he is not eligible to be sentenced under the Youth Act. Title I of the Youth Rehabilitation Amendment Act of 2018 states that eligible minors have to be charged with offenses other than murder.

According to a proffer of facts, Blocker approached Dickens and an unidentified individual, whom he knew, and opened fire. Apparently, Blocker fled the scene.

Blocker is currently being held in a juvenile facility, according to DC Courts. Per the defense’s request, he will remain in the facility until his sentencing, which is scheduled on Aug. 23.

Document: Police Arrest Second Suspects in April Homicide

A day after announcing the arrest of an initial suspect, the Metropolitan Police Department arrested a second suspect in connection to an April fatal shooting in Southeast DC.

According to a press release, 26-year-old Keith Anthony Johnson was arrested April 24 and charged with second-degree murder while armed for his alleged role in the death of 49-year-old Edwin Richardson on the 2900 block of Martin Luther King, Jr. Avenue, SE on April 5.

D.C. Witness previously reported that 18-year-old Kevon Pinkett was arrested April 23 and charged with second-degree murder while armed in connection to Richardson’s death.

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



Expert Links Murder to Defendant’s Gun

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

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

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

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

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

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

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

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

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

The trial is scheduled to continue on April 25.

A Murder Trial’s ‘Critical Witness’ is Missing

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

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

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

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

The audio was released to counsel for review.

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

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

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

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

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

 

Witnesses Could Be ‘In Peril,’ Prosecution Says

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

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

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

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

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

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

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

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

Smith is scheduled for a status hearing on May 17.

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

Wills was shot in the process, documents state.

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

Document: Police Announce Arrest in Southeast DC Homicide

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

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

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


Judge Holds Defendant Without Bail

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

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

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

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

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

Hackney is scheduled for a preliminary hearing on May 3.

Judge Sets New Trial Date for Murder Defendant

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

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

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

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

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

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

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

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

Davis is scheduled for a status hearing on May 13.

Judge Delays Juvenile’s Murder Trial by 2 Months

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

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

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

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

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

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

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

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

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

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

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

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

Carlton Fisher

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

Devaun Drayton

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

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

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

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

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

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

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

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

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

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

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

The jury began deliberating on April 22.

Case Acquitted: Prosecution Files Motion for DNA Testing

This case has been acquitted.

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

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

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

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

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

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

Alexander is scheduled for a status hearing on May 23.

Document: Arrest Made for April Homicide

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

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

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

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



4 22 19 Arrest Made in a Homicide 1000 Block of Southern Avenue, Southeast (Text)

Convicted Murderer Gets 30 Years for Double Homicide

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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