Judge Does Not Find Probable Cause in Murder Case

A DC Superior Court judge did not find probable cause and dismissed a first-degree murder case.

Duron Hudson is charged with first-degree murder for his alleged involvement in the shooting of George Hendrix, 22, on the 300 block of K Street, SE on June 22.

On Sept. 18, D.C. Witness reported that Judge Todd Edelman ruled out substantial probability in Hudson’s case. Judge Edelman said he was still undecided if there was sufficient evidence for probable cause.

During a preliminary hearing on Sept. 23, Judge Edelman ruled that he found no probable cause that Hudson, 18, was involved in the murder.

Judge Edelman informed the prosecution that there was probable cause the driver of the get-away vehicle was aiding and abetting the killer along with there being probable cause that a moped seen in the video could be the one involved in the crime.

However, he did not find probable cause that Hudson was the driver of the moped.

Judge Edelman said he based his decision on the fact that the case’s lead detective said none of the witnesses identified Hudson.

Judge Edelman also addressed images of Hudson earlier that day. Even though Hudson was dressed in similar clothes to the ones caught on video of the driver of the moped, Judge Edelman said this was not enough evidence to prove probable cause.

“That is a jacket that is frequently seen on the streets of Washington, DC,” he said.

Judge Edelman said it was serious that Hudson fled from the police, but that alone does not constitute probable cause.

Hudson’s family was in attendance for the preliminary hearing.

Murder Defendant Waives Attorney Conflicts of Interest

During an ascertainment of counsel hearing Sept. 23, a murder defendant waived any potential conflicts of interest that his new attorney may have.

Saeed Woodall is charged with first-degree murder while armed for his alleged role in the death of 32-year-old Deonta Farrar on the 4500 block of Quarles Street, NE in 2016. Apparently, Woodall’s sister had a child with Farrar.

Michael Madden, Woodall’s new defense counsel, said he has a potential conflict of interest with representing Woodall, 25. Madden said he represented a possible co-defendant in the case, Christopher Proctor, from February of 2016 to May of 2016.

Madden did not explain why he believes Proctor may be a potential co-defendant, since Proctor pleaded guilty to voluntary manslaughter in a separate case in June of 2018. Proctor, 29, is not currently a co-defendant in the case.

DC Superior Court Judge Craig Iscoe said that since the potential conflict was a minor one, he would permit Woodall to waive it if he was confident in Madden. Woodall agreed to waive any potential conflicts of interest.

Madden was appointed to represent the defendant after Elizabeth Weller, Woodall’s previous counselor, withdrew from the case earlier this month.

Woodall previously pleaded guilty to second-degree murder while armed in May, according to court documents. He filed a motion to withdraw his guilty plea on Sept. 4. Weller withdrew from the case on Sept. 10.

Weller said there could be an appearance of conflict if she represented the defendant any further. Weller did not specify what she meant by her statement.

This is the second time Woodall has been appointed new counsel, according to DC Courts.

Madden requested two weeks to review the case and to speak with his client about the plea Woodall is withdrawing from. It is not clear if the prosecution has withdrawn the offer.

Woodall is scheduled for a status hearing on Oct. 11

Prosecution Is Slow in Handing Over Evidence, Defense Says

A murder defendant’s defense counsel requested that the prosecution release all evidence to avoid delaying trial.

Tony S. Aiken, 48, is charged with second-degree murder while armed for allegedly murdering 23-year-old Kendra Smith on the 4300 block of D Street, SE on Sept. 6, 2004.

During a status hearing on Sept. 20, defense attorney Jason Tulley told DC Superior Court Judge Todd Edelman that if the turn over process was delayed any longer, the upcoming trial, which is scheduled to begin on May 18, could be postponed.

“This case is already 15 years old, people on both sides need it resolved,” Tulley said.

Tulley said the evidence should have been given to the defense sooner.

Judge Edelman ordered the prosecution to respond to the defense’s evidence request no later than Oct. 4.

Additionally, Aiken waived his right to independent DNA testing.

A status hearing is scheduled on Oct. 18.

Murder Defendant Doesn’t Have Violent Past, Victim’s Mother Says

Even though a victim’s mother said she had never seen the murder defendant be physically violent she pleaded for his conviction.

James Embre is charged with felony murder, first-degree cruelty to children and second-degree cruelty to children for his alleged role in the death of two-year-old Aceyson Aizim Ahmad on the 3400 block of A Street, SE on April 17. According to court documents, Embre, 26, was involved in a romantic relationship with Ahmad’s mother.

During trial on Sept. 23, the mother said Embre was never violent toward her or her kids even when she would hit the defendant.

However, she said the defendant did not deserve a fair trial. “Please do not let this man go free,” Aceyson’s mother begged the jury.

Footage from a Metropolitan Police officer’s body worn camera on the night on the death showed the mother blame Aceyson’s godmother for hurting the boy. Aceyson had been with his godmother the weekend prior to the murder.

However, on the stand, the boy’s mother said that Aceyson’s godmother had always loved him and was never violent. The mother said that she was angry during the night of the murder and was blaming anyone she could think of.

The defense continued to question the boy’s mother on Sept. 24.

Judge Postpones Jury Selection Until Next Week

Jury selection for a murder case was delayed by a week after the prosecution informed the defense of testimony from a new expert witness.

Edward Brown, 57, is charged with first-degree murder while armed for allegedly stabbing 71-year-old Michael Mahoney at the victim’s apartment on the 2300 block of 11th Street, NW on Feb. 5, 2018.

The prosecution informed the defense Sept. 23 that a different medical examiner would testify about his examination of the victim’s body.

D.C. Witness previously reported that the prosecutor said she would call between 20-25 witnesses and possibly two additional expert witnesses. The new medical examiner being one of the expert witnesses.

According to the prosecution, the new medical examiner’s report showed Mahoney had food in his stomach when he died.

Even though a time of death was not given, the prosecutor said the victim’s time of death is consistent with her argument. The prosecutor said the food found in the victim’s stomach puts his time of death around three to four hours after eating.

According to court documents, Brown was the last person to see the victim. Surveillance cameras show Brown and the victim entering the apartment at 10 p.m. Brown is seen leafing the apartment at 1 a.m. No one else is seen entering or exiting the apartment until Mahoney’s body was discovered the next morning.

Defense counsel Kevin Irving argued that it would not be “fair” for the defense to have to prepare for interviewing the new medical examiner during the trial. He requested that the judge not allow the expert to testify.

D.C. Superior Court Judge Milton C. Lee denied the request, saying the evidence is a “pretty big deal” to the prosecution’s case.

Judge Lee initially offered the defense one day to talk to the new medical examiner and prepare for the rest of the trial.

However, Irving objected, arguing that a day was not enough time to properly prepare. He also said he wanted to have another medical examiner look over the autopsy report.

Judge Lee said a few days should be enough time for the prosecution to ensure witnesses could be present in court and for the defense to contact their own medical examiner.

A motions hearing is scheduled on Sept. 27. Jury selection for the trial is scheduled to begin on Sept. 30.

Dani Diaz also reported on this story.

Defense Attorney Requests Copy of Police Interview for Murder Case

A judge granted Sept. 20 the defense’s request for a copy of the first interview a witness had with detectives at the Metropolitan Police Department.

Dazmine Anderson, 17, was charged with second-degree murder while armed for allegedly stabbing 30-year-old Jean-Claude Jackson on the 1300 block of Good Hope Road, SE on Oct. 7. Anderson, who was 16 at the time of the crime, is being charged as an adult.

Defense attorney Madalyn R Harvey requested that the prosecution turn over the witness’s interview tape so that she could transcribe it.

Harvey argued that a redacted copy of the witness’s transcripts are too confusing to be useful to her case. Harvey said the redacted copy did not make sense.

Harvey asked DC Superior Court Judge Milton C. Lee to set a trial date so that she could also receive evidence. Harvey said she has not received any evidence from the prosecution. As of Sept. 23, a trial date has not been set.

Judge Lee said the defense was making a reasonable request to view the interview. He granted Harvey’s request.

The prosecution also presented a plea offer for unarmed voluntary manslaughter. The prosecutor said he has not determined what the sentencing component for the plea would be.

According to the District of Columbia Sentencing Guidelines, a defendant convicted of voluntary manslaughter with a zero – 0.5 criminal history score could receive 4-10 years in prison.

A status hearing was set on Oct. 17 to discuss plea negotiations.

Anderson is currently being held without bail.

Defense Counsel Argues Against Type of Meds Given to Murder Defendant

During a continued motions hearing Sept. 19, the defense argued against a murder defendant being forced to take antipsychotic medications.

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.

Byrd, 21, has been held at St. Elizabeth’s Hospital, DC’s psychiatric hospital, since 2016. D.C. Witness previously reported that Byrd has been forced to take medication in the past, which his defense lawyer, Craig Hickein, considers to be unconstitutional.

In order to inform the court’s final opinion on Byrd’s treatment if found guilty, the defense continued questioning a witness from a previous motion hearing. The witness is a psychiatrist at St. Elizabeth’s. D.C. Witness previously reported that a psychiatrist’s assessment concluded that the defendant could stand trial if medicated with antipsychotics.

During the hearing, Hickein continued to argue against the medication. He took issue with the type of medication that Byrd would be issued, risperidone.

Hickein said that if the defendant had a condition a disorder that causes idle moving or tightening neck muscles. The condition is typically caused by long term use of a antipsychotic medication. However, the witness testified that she did not believe the defendant had the disorder.

The witness also said the effects on Byrd’s brain, from at least 6 years of not being on consistent medication, had been “detrimental.” Without antipsychotics, “I do not know what will be left of his poor brain,” she said.

However, the witness did not say that there was a treatment that could cure Byrd, “We do not know if we will see the same Mr. Byrd as 6 years ago,” she said.

DC Superior Court Judge Ronna Lee Beck said she wanted to take time to consider the information from the witness’s testimony.

Judge Beck scheduled a hearing on Dec. 19, but said the date could change.

In February, Judge Danya Dayson denied the defense’s motion to stop St. Elizabeth’s from forcibly administering involuntary medication to Byrd. The order was appealed. A ruling from the District of Columbia Court of Appeals is still pending.

Document: Homicide on Morris Road, SE

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Sept. 22.

According to a press release, officers found 17-year-old Jamel Kirkland unconscious suffering from a gunshot wound on the 1300 block of Morris Road, SE. Kirkland was pronounced dead at a local hospital.

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 is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Document: Homicide on 51st Street, Northeast

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Sept. 22.

According to a press release, officers found 21-year-old Rashid Ferguson unconscious suffering from multiple gunshot wounds on the 200 block of 51st Street, NE. Ferguson was pronounced dead at a local hospital.

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 is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Judge Denies Defenses Motion to Suppress Extraction

A judge denied a motion that would block the prosecution from using blood samples in a murder trial

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

During a felony status conference on Sept. 20, the defense filed a motion to restrict the prosecution from extracting the blood samples.

However, the prosecution said blood was found on the defendant’s hands and on the guns.

DC Superior Court Judge Todd E. Edelman denied the defense’s motion and allowed the prosecution to test the blood.

Defense counsel, Judith Pipe, requested that any blood the prosecution extracted from the scene be shared with the defense if independent DNA testing were to be conducted.

A felony status conference is scheduled for Oct. 18.

Document: Fatal Shooting Leaves 1 Dead

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Sept. 20.

According to a press release, officers responded to the sound of gunshots on the 1300 block of Brentwood Road, NE. Officers found one male victim and one female victim suffering from gunshot wounds. 20-year-old Sean Coleman-Bey was transported to a local hospital where he was pronounced dead. Officers found another adult male victim on the 1400 block of Rhode Island, NE. The two surviving victims were transported to a local hospital and treated for non-life threatening injuries.

A vehicle of interest was captured on surveillance cameras and can be seen in the photo below.

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 is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Judge Denies Extension to Extend Indictment

On Sept. 20, a DC Superior judge pressured the prosecution to present an indictment for a defendant in a murder case.

Herman Sylvester Williams, 28, is charged with second-degree murder while armed for his alleged involvement in the shooting of 36 year-old William Boykin on the 2600 block of Birney Place Southeast, DC on May 28.

The prosecution requested an extension beyond the 9-month indictment period.

Judge Milton C. Lee denied the request and asked the prosecution to serve an indictment before March, which is when the indictment period would expire.

Judge Lee made it a point to stress the importance of disclosing everything the prosecution finds to the defense so that they are able to counsel the defendant efficiently and adequately.

Williams’ defense attorney, Ieshaah Murphy, also requested the prosecution provide all of the new evidence in the case. According to Murphy, she has not received any evidence from the prosecution since the preliminary hearing.

A felony status conference is scheduled on Sept. 20.

A trial date has been set for Jan. 22.

Written by Danuellyz Diaz

Document: 6 People Shot, One Killed in Columbia Heights

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on Sept. 19.

According to a press release, officers found Vincent Carter, 21, suffering from gunshot wounds on the 1300 block of Columbia Road, NW. He displayed no signs consistent with life and remained on the scene until his body was transported to the Office of the Chief Medical Examiner of the District of Columbia.

Four adult males and one adult female were also suffering from gunshot wounds. They were transported to a local hospital with non-life threatening injuries.

According to news reports, one victim is currently in critical condition.

A vehicle of interest was captured on surveillance footage. The vehicle is described as a light colored Nissan Sedan with two adult males who appeared to have assault riffles.

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 is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.

Murder Defendant’s DNA Found at Crime Scene

During a status hearing Sept. 20, a prosecutor said a murder defendant’s DNA was found on the scene of a homicide. The defendant is one of four people charged in the murder.

Derek Turner is charged with first-degree murder while armed, assault with intent to kill, possession of a firearm during a crime of violence and unlawful possession of a firearm for allegedly shooting 28-year-old Andrew McPhatter on the 3500 block of Wheeler Road, SE in March of 2017. Ronnika Jennings is also charged with first-degree murder, conspiracy, and accessory after the fact for her alleged role in the shooting. Marshay Hazelwood, 26, and 28-year-old Duan Hill are charged with obstruction of justice and conspiracy. Both are released on personal recognizance.

The prosecution tested clothes and the murder weapon found in a car that was used in the homicide. The DNA on the clothing matched Tuner, but not anyone else involved in the case. DNA on the weapon could not be matched to any of the defendants.

Turner was not present in court because he is currently in a North Carolina for another homicide case.

According to court documents, Turner was a member of the Wahler Place neighborhood crew. McPhatter was a member of the Trenton Park neighborhood. Apparently, the two neighborhoods were revivals.

DC Superior Court Judge Juliet McKenna asked the defendants if they wanted to conduct independent testing on the items. Each defendant declined to have further testing done.

According to counsel, the trial is scheduled to take six weeks.

Turner is also being charged with first-degree murder while armed for allegedly shooting Devin Hall on the 3500 block of 6th St., SE in January of 2017.

A status hearing for all of the defendants is scheduled on Nov. 1.

Judge Rules Out Substantial Probability in Murder Case, Still Considering Probable Cause

A DC Superior Court judge decided that there was not suitable evidence to rule in favor of a defendant having substantial probability in a murder case. But, the judge is still considering probable cause.

Duron Hudson,19, is charged with first-degree murder while armed for his alleged involvement in the murder of George Hendix, 22, on the 300 block of K Street SE on June 22.

During a preliminary hearing on Sept. 18, a Metropolitan Police Department detective said a witness reported an altercation over the use of a bike pump between the victim and a group of men and women in Garfield park.

After the victim left, another witness said one of the men pulled an object from his waistband, handing it to a man on the back of a white moped.

According to the detective, an additional witness said two men on a white moped pulled up to an intersection near the crime scene. One of the men got off and went down an alley while the driver turned the vehicle around and waited.

Two officers also reported seeing a white moped in the area on two occasions.

The first sighting was before the shooting. The second sighting was directly after the shooting. Officers said the driver of the moped wore red pants. The passenger wore a dark jacket with a hoodie.

The detective said that he recovered several videos where the suspect is seen, from the waist up, in a dark adidas jacket and dark undershirt. The same dark clothing was retrieved from Hudson’s grandmother’s house.

No witnesses were able to identify Hudson.

Hudson was taken into custody on Aug. 14 after being chased into a building and apprehended, according to the detective.

Defense counsel, Mani Golzari, said the prosecution was hinging on “suspicions and hunches” not “particularized and objective facts.”

“Young black men running from the police isn’t enough,” Golzari said.

DC Superior Court Judge Todd Edelman said he is taking the rest of the week to decide if there is probable cause. He is slated to return with a decision on Sept. 23.

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