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Judge Continues Status Hearing Amid Plea Negotiations

During a status hearing Jan. 15, a D.C. Superior Court judge continued a status hearing after counsel for both defendants agreed that they needed more time to negotiate a potential plea agreement. 

Jeremiah Jordan and Jerrell Powell, 23, are charged with first-degree murder while armed for their alleged role in the death of 30-year-old Antoine McCullough on the 3500 block of 18th Street, SE in 2016.

According to Jordan’s defense attorney, Ronald Resetarits, the prosecution offered Jordan, 28, a plea for a non-homicide charge. As a result, Resetarits requested that his client be released.

The prosecutor agreed that they entered plea negotiations. However, he said Jordan should remain held without bond because counsel had not reached an agreement, yet. The status hearing was continued to Feb. 15.

Judge Danya Dayson said she would not make a ruling until the defense filed a written motion for release.

The details of Powell’s plea offer were not mentioned.

D.C. Police Investigate Shooting Death of 22-year-old Man

The Metropolitan Police Department (MPD) is investigating the homicide of 22-year-old Michael Taylor following a shooting on the 1700 block of Benning Road, NE on Jan. 12.

According to a press release, the police responded to reports of a shooting around 2:05 p.m where they located three victims with multiple gunshot wounds. Taylor was pronounced dead at a local hospital. The two other victims sustained non-life-threatening injuries.

MPD is currently offering an award of up to $25,000 for any person with information that leads to an arrest and conviction of the person or persons responsible for the homicide. Anyone with information is urged to call the police at 202-727-9099. Anonymous tips can also be submitted to the department’s TEXT TIP LINE — 50411.



Two Victims Murdered in Southwest Washington

The Metropolitan Police Department is investigating a double homicide the occurred on Jan. 13 on the Unit Block of Forrester Street, SW.

According to a press release, police found 20-year-old Zyair Bradley and 23-year-old Alexis Washington in a vehicle suffering from multiple gunshot wounds.

The victims were pronounced dead at an area hospital.

The police department is offering  up to a $25,000 reward for information that leads to an arrest and conviction in this case or any other homicide case 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.



Prosecution Offers Plea for 2016 Murder

The prosecution offered a murder defendant a plea agreement Jan. 11 and said the defendant has a month before the offer expires.

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.

During the hearing, the defense attorney said she is on track for trial, which is scheduled for July 15. The prosecution and defense say the trial should go on for at least a week and a half.

Woodall is scheduled for a status hearing on March 8.

According to court documents, Woodall’s girlfriend told police that on the day of the murder, Woodall learned that Farrar hit his sister. The girlfriend said Woodall allegedly armed himself and drove to where Farrar lived. Apparently, Woodall found the decedent on Quarles Street, got out of the car and allegedly opened fire.

Prosecution Says She Expects an Indictment by April

A prosecutor told a judge Jan. 11  that she expects a grand jury to indict a murder defendant in April.

Bernard McKinney is charged with first-degree murder while armed for his alleged role in the death of 24-year-old Daymond Chicas on the 300 block of 50th Street, NE in June 2018.

During the hearing, the defense also requested to set a trial date. However, the prosecutor, who is new on the case, requested to set the date at the next hearing.

D.C. Superior Court Judge Craig Iscoe granted the prosecution’s request and set a status hearing on Feb. 15.

According to court documents, a witness, who was allegedly with Chicas on the day of the murder, told police they were at a public pool when two juveniles stole Chicas’ phone. The two juveniles ran away and Chicas and the witness followed them. Apparently, the juveniles led them to McKinney, 17, and an unidentified male, who allegedly tried to rob them. The witness said the unidentified male ended up shooting Chicas in the process.

It’s unclear whether or not the unidentified male is being charged in connection to Chicas’ death.

McKinney is being charged as an adult.

Judge Sentences Man to 8 Years for Murder

A DC Superior Court judge sentenced Jan. 11 a man to eight years in prison for murdering another man in 2015.

Rodney Baggott pleaded guilty to voluntary manslaughter while armed on Oct. 17, 2018, for shooting Donald Franklin Bush on the 2300 block of 15th St., NE. He was initially charged with second-degree murder while armed and other gun possession offenses.

As part of the plea, Baggott’s charge for the murder case of 23-year-old DeAngelo Barr, on Nov. 20, 1995, on the 1600 block of Montana Ave, NE, was dismissed along with the firearm charges.

Baggott’s eight year sentence spanned from an agreement between the prosecution and the defense. According to the District’s plea agreement procedure (11 c1c), both the prosecution and the defense can agree on a specific sentence or sentencing range that is an appropriate disposition of the case.

I “deeply regret being responsible for causing [the family] enormous amounts of pain and grief,” Baggott, 51, told the Bush,44, family.

Judge Judith Judith Bartnoff said there was no sentence that could have made things right again, but the sentence closed a chapter. She said she believed Baggott was genuinely remorseful during his apology to Bush’s family.

According to court documents, Bush, 44, was stabbed in the neck after he and Baggott had gotten into an argument. Baggott said Bush disrespected him. Apparently, the two had known each other for a long time.

In addition to serving eight years, the defendant would also be required to serve five additional years on supervised release. In addition to his time, Baggott is required to get mental health and substance abuse treatment and attend anger management classes.

Even though both sides agreed on the sentence, the Bush family was not satisfied. According to a victim impact statement from Bush’s sister, Baggott did not seem remorseful and deserved the maximum penalty possible for the crime.

Even though Baggott has been sentenced, the judge continued execution of the sentence to give Baggott time to finish a class he is currently taking at DC Jail. Apparently, Bush has excelled in programs at the jail, including a reading and writing program for inmates called the Free Minds Book Club & Writing Workshop. The sentencing is expected to be enacted on April 30.

 

Case Dismissed: Judge Denies Defense Request to Move Murder Defendant

Editor’s note: The case against Kenneil Cole was dismissed on Feb. 1, 2023.

On Jan. 11, a D.C. Superior Court judge denied the defense’s request to move a murder defendant to a facility closer to the District. The defendant is being held six hours away at a facility in Virginia.

Kenneil Cole is charged with first-degree murder for allegedly shooting 24-year-old Keon Delonte Wallace in an apartment on the 2400 block of Skyland Place, SE in June 2018. Apparently, the two men were roommates.

During the hearing, Cole’s defense attorney, James King, said that Cole’s current distance from the District presents a sixth amendment issue not only because of the travel but because during the last visit he was unable to see his client. According to King, the facility personnel said he was not allowed to see Cole anymore.

King didn’t explain the rationale behind the facility’s decision.

Judge Craig Iscoe denied the request, saying he would issue an order to the facility that would permit individuals from the Public Defender Service to visit Cole.

According to court documents, on the night of the murder, Cole and Wallace argued about Wallace leaving their apartment. Cole, who was 24 years old at the time of the murder, told police Wallace pulled out a semi-automatic .40mm pistol during the argument. Apparently, Cole tried to get the gun away from Wallace and ultimately shot him 12 times. During his arraignment, Cole claimed he acted in self-defense.

Cole is scheduled for a felony status conference on March 29, when the prosecution says they expect a grand jury indictment.

Judge Sentences Man to 11.5 Years for Nightclub Stabbing

A District of Columbia Superior Court judge sentenced a man Jan. 11 to 11.5 years in prison for stabbing a man to death in a downtown DC nightclub.

In October, Antoine Byrd pleaded guilty to voluntary manslaughter while armed and assault with a dangerous weapon for his role in the death of 29-year-old Robinson Pal at BarCode, a club located on the 1100 block of 17th Street, NW in 2016. According to the prosecution, Byrd, 38, and Pal had a history of run-ins.

Byrd received a 10 year sentence for his voluntary manslaughter charge and 1.5 years for the assault charge.

“I’ve been praying for him and your family and I will continue to,” Byrd told Pal’s family. 

Byrd said that on the night of the murder he didn’t leave his house with the intention to hurt anyone. He also told the family that they would not have a problem from him in the future.

Prior to delivering his sentence, D.C. Superior Court Judge Craig Iscoe said he believed the defendant was remorseful for his actions. Judge Iscoe noted that if Byrd’s criminal history score was lower he may have lowered Byrd’s sentence for assault.

“No person is defined by the worst thing they do,” Judge Iscoe said.

Following Byrd’s release from prison, he will serve five years on supervised release.

Judge Finds Substantial Probability 3 Defendants were Involved in Girl’s Murder

Three of the seven defendants charged with the death of a 10-year-old girl were found to have substantial probability for committing the crime, according to a DC Superior Court judge.

Darrise Jeffers, Marquell Cobbs and Mark Tee Price are charged with first-degree murder while armed for their alleged involvement in the shooting death of Makiyah Wilson on the 300 block of 53rd Street, NE on July 16, 2018. Cobbs, who was 16 at the time of arrest, is the only juvenile defendant in the case. He is being charged as an adult.

Judge Crag Iscoe said, after reviewing each defendants’ cases, there was substantial probability that they were involved in planning, conducting and covering up the crime.

According to court documents, during the evening hours, four masked males dressed in black hoodies wearing white gloves, exited a black Infinity and began shooting. Wilson was getting ice cream in the area at the time.

Judge Iscoe said, regardless of whether the defendants were actually one of the shooters, it is apparent that each defendant knew about the shooting before it happened.

During a preliminary hearing on Jan. 8, the prosecution showed surveillance video of the defendants outside of an apartment building on the 2500 block of Pomeroy Road, SE. Through the video, the prosecution was able to establish a theory that the defendants planned and spoke with one another shortly before the shooting. Direct messages and photos from an iCould account corroborated the theory.

The prosecution’s evidence included text messages of purchasing and storing guns and a photo of guns. The police, along with the prosecution, were able to establish that Cobbs and Jeffers, who were not at the scene of the shooting, aided the shooters by collecting guns days before the crime and storing them after. As of Jan. 10, police have not recovered any of the weapons used in the shooting.

According to the police, the shooting seemed to stem from a neighborhood beef between Wellington Park, the area where Pomeroy Road is located and Clay Terrace, the area of the shooting.

However, the defense claimed that the prosecution’s evidence was speculative in nature. According to the evidence, Price, 24, got into a silver BMW, with individuals wearing black hoodies and white gloves. The prosecution’s theory is that Price assisted the shooters by driving them to an area to get into the Black Infinity to carryout the shooting. However, a switch was not captured on video.

According to a sergeant from the Metropolitan Police Department, Jeffers, 19, and Cobbs, who were seen on footage outside of the Pomeroy Road location, became suspects because they seemed to be involved in the planning process. According to police, Jeffers was suspected after he was seen handing the suspected shooters white tennis shoes when they were in the silver BMW.

The prosecution argued that Jeffers knew the shooting was going to take place when he spoke with the suspects, who were dressed in black hoodies and white gloves — on a hot summer day —  as they left the apartment building on Pomeroy Road. According to the prosecution’s Jeffers’ reaction-less interaction indicated that he knew about and helped plan the shooting.

Cobbs became a suspect because of messages that stated he was looking to purchase a gun days before the shooting. Judge Iscoe said that even though Cobbs inquired about purchasing a Smith and Wesson handgun, which was not one of the weapons used in the crime, his inquiry seemed to be part of the initial planning process.

The judge said that he could not determine if Price was a shooter or just helped. Price, who is also charged with another murder in an unrelated case, apparently became a suspect when an inmate told authorities that Price told him that he was involved in the shooting.

Price, Cobbs and Jeffers are scheduled, along with Quentin Michals, 21; Gregory Taylor, 23; and Qujuan Thomas, 20, for a felony status conference on Feb. 1. All defendants are pending a hearing before a grand jury and are being held without bond. Quanisha L. Ramsuer is charged with obstruction of justice in the case. She is also scheduled for a felony status conference on Feb. 1. Ramsuer, 25, has been released on personal recognizance under the High Intensity Supervision Program.

 

 

DC Homicides Increase in December

Even though November showed a decline in homicides, the number rose in December.

According to D.C. Witness data, homicides increased in the last month of 2018 to 13 from 11 in November, nearly 18 percent higher.

The total number of homicides in the District for 2018 was 167, a 30 percent increase from 2017. There were 128 homicides in 2017.

 

What is the Criminal History Score?

The criminal history score takes multiple facets of information into consideration, starting with whether or not the defendant has a prior conviction.

The score is determined by the severity of the offense and whether or not it is drug-related.

When determining a defendant’s sentence, judges utilize voluntary sentencing guidelines created by the District of Columbia Sentencing Commission. The sentencing guidelines are formed in a chart aligning a defendant’s criminal history score and their charge, which points to a sentencing range that judges can follow. 

The guidelines were a product of the Revitalization Act of 1997, which allowed the transfer of prison expenses from the state to the federal government. Considering DC felons are sent to federal prisons, a more determinate system was required for sentencing. The transition led to the creation of the sentencing guidelines. The guidelines came into effect in 2004 as a pilot project.

For example, according to the Washington Post, former NBA basketball player, Gilbert Arenas, was sentenced in 2010 for carrying a pistol without a license. Arenas had a criminal history score of 1/4 point, so his sentencing range fell between 6-24 months. If Arenas had a criminal history score greater than 1/2 point,  he could have faced between 10-36 months in prison.

If a defendant has a prior misdemeanor “conviction or adjudication” within the last 10 years then it counts toward their criminal history score. However, if the end of the prior misdemeanor sentence (including the period of incarceration, probation, parole or supervised release) is not within the last ten years then it doesn’t affect their criminal history score.

On the other hand, if the prior conviction is a felony then it will always affect the defendant’s criminal history score, even if it was before the 10-year mark.

According to the commission, the guidelines have a 97 percent compliance rate. However, even with such a high rate, there are certain circumstances in which judges can depart from the guidelines. One instance of noncompliance is the 11(c)(1)(c) rule. This rule allows judges to be bound to a plea agreement offered by both parties even if the agreement falls below the sentencing range.

Figure 1: The following chart depicts the sentencing guidelines.

In July the commission changed unlawful possession of a firearm with a prior conviction from Master Group 7 to Master Group 8 (see Figure 1). The change, which only affects cases from July on, permitted a lower criminal history score in relation to the charge and thus a lower sentencing range for the defendant (10-28 months, see Figure 2). According to the commission, the change was made so defendants wouldn’t be penalized twice for the same crime.

Along with the commission, judges also take the guidelines into consideration. The guidelines, which are mandated, can according to each case be rejected. One example of a rejection of the guidelines s with the sentencing of co-defendants Tyrone Height and James Young. Height and Young were convicted of second-degree murder for shooting 38-year-old Willard Carlos Shelton in 2014. One of their charges was unlawful possession of a firearm with a prior conviction.

Figure 2. Prior adjudications and convictions chart adapted from Voluntary Sentencing Guidelines Manual

During Height’s sentencing in September, his defense attorney, Justin Okezie, said that Height should not be penalized further for being part of a community with a history of violence. He urged the judge to adjust Height’s criminal history score based on the guideline change. Okezie said an incident Height was involved in one month earlier should not “magically” have meaning to it.

While Judge Milton Lee agreed the added enhancement “with a prior conviction” could be viewed as “double-counting” the defendant’s previous convictions, he ultimately decided not to implement the guideline change to determine Height’s sentence.  Prior to sentencing the defendant, Judge Lee noted that Height has a significant criminal history. Height was sentenced to 45 years in prison.

Like Height’s case, murder defendants can be sentenced to decade or more in prison because of the impact of their criminal history, even if they have lesser charges. For example, a defendant with a criminal history of six or more is placed under category E in the sentencing guideline (Figure 1). If this defendant was charged with second-degree murder, for instance, he/she could still receive 192 months or more in prison because of the added weight their prior convictions carry (Figure 1).

In addition to the guideline shift regarding unlawful possession of a firearm with a prior conviction, the commission continues to explore the relationship between the criminal history score and other factors involved in sentencing.

Document: Homicide Near Marvin Gaye Park in NW DC

The Metropolitan Police Department is currently investigating a fatal stabbing that occurred during the afternoon on Jan. 8.

According to a press release, police found Abdul Watts suffering from stab wounds on the 5600 block of Dix Street, NE. Watts, 46, was transported to a local hospital where he was pronounced dead.

According to D.C. Witness data, Watts homicide is the eighth homicide in the District in 2019.

Up to a $25,000 reward is being offered for information leading to an arrest and conviction in Watts’ 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 Near Noma Metro

Officers from the Metropolitan Police Department released the identification of a man who was murdered on Jan. 6.

According to a press release, police found Donald Rafus Benson suffering from gunshot wounds on the Unit Block of O Street, NW. The location of the homicide is about three blocks from the Noma-Galludet University, New York Avenue metro station. Benson, 21, was pronounced dead at a local hospital.

Up to a $25,000 reward is being offered for information that leads to an arrest and conviction in this case or any other homicide case 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 Finds Probable Cause in December Homicide

A D.C. Superior Court judge found probable cause Jan. 7 that a 16-year-old murder defendant was involved in a December homicide.

Malik Holston is charged with first-degree murder while armed for his alleged role in the death of 15-year-old Gerald Watson in an apartment building on the 2900 block of Knox Place, SE in December. Holston is being charged as an adult.

During the preliminary hearing, a detective testified about two key witnesses in the case. A witness, who was standing outside the apartment building, said Watson being chased into the building by Holston and an unidentified male. The witness said both men were wearing ski masks, according to the detective. The witness also recognized Holston because the defendant was allegedly involved in a string of shootings over the past six months, the detective said.

It’s unclear if the unidentified male was arrested in connection to Watson’s death.

Another witness saw Holston prior to the shooting on Hartford Street wearing a rolled up black ski mask. According to the detective, the witness later heard two gunshots. The detective said the witness, who was smoking crack cocaine at the time, saw Holston with a gun.

Judge Milton Lee found probable cause based on the detective’s testimony as well as surveillance footage that corroborated the witnesses’ accounts. Judge Lee also ordered Holston held without bond, noting the defendant was involved in multiple instances of gun violence over the course of six months.

Holston is scheduled for a felony status conference on April 26.

Document: Police Announce Arrest in Northwest DC Homicide

The Metropolitan Police Department arrested a 26-year-old man in connection to a stabbing in Northwest DC on Jan. 6.

According to a press release, Collin J Potter is charged with first-degree murder while armed for his alleged role in the death of 36-year-old Vongell Lugo on the 2800 block of Wisconsin Avenue, NW.

Lugo is scheduled for a preliminary hearing on Jan. 18.

He is being held without bond.