Prosecution Takes Back Plea Offer for Murder Defendant

The prosecution in a murder case decided to take back a plea deal that was supposed to be offered on Oct. 7.

Barry Marable is charged with first-degree murder while armed for allegedly shooting Roger Marmet, 22, at a BP gas station on the 1200 block of 17th Street, NE on Oct. 24, 2018.

During the hearing, the prosecution revoked the offer, telling DC Superior Court Judge Craig Iscoe that there would be no more deals.

According to court documents, Marable, 23, was ready to accept a plea deal. However, he disagreed with the prosecution’s explanation of events. D.C. Witness could not confirm what Marable disagreed with, exactly.

In addition, Judge Iscoe granted counsel’s request to change an upcoming status hearing to a felony arraignment where Marable will enter into a formal not guilty plea.

D.C. Witness previously reported that Marable said he shot Marmet in self defense, however Judge Iscoe said there was no evidence of self defense other than Marable’s claim.

A felony status conference is scheduled on Oct. 25.

Defense Motions to Change Judge’s Substantial Probability Ruling

A murder defendant’s defense attorney said he plans to motion against a judge’s substantial probability ruling.

Elijah Jarmon, 18, is charged with first-degree murder while armed for his alleged involvement in the death of 18-year-old Taquan Pinkney on the 2800 bloack of Stanton Road, SE on Sept. 9, 2018. Jarmon was 17 at the time of the crime. He is being charged as an adult.

James King, Jarmon’s defense attorney, said he plans to file a motion to reduce DC Superior Court Judge Danya Dayson’s substantial probability ruling to probable cause.

Judge Dayson gave King until Oct. 9 to file the motion.

According to court documents, two other individuals were also involved in the murder. In October, the Metropolitan Police Department arrested another juvenile in connection to the murder.

King also requested a status hearing in a week to discuss the terms of a plea deal. The defense said it would have an answer at the next status hearing.

A motions hearing to discuss any testing, plea negotiations and the defense’s probable cause motion is scheduled on Oct. 28

Jarmon is being held without bail at DC Jail.

Judge Gives Prosecution Deadline to Turn Over Evidence

During a status hearing on Oct. 4, a DC Superior Court judge set a deadline for the prosecution to turn over evidence to the defense.

Robert Edward Green is charged with first-degree murder while armed for his alleged role in the death of 43-year-old Andre Junior on the 1500 block of Park Road, NW on March 15, 2018.

Green’s defense attorney, Mani Golzari, told the judge that since he agreed to a protective order that would prevent him from sharing witness identities with Green, 29, the prosecution should give him un-redacted materials, including police body camera video and grand jury transcripts.

The protective order was signed on Sept. 26, and the prosecution has not turned over the requested materials as of Oct. 4.

DC Superior Court Judge Danya A. Dayson set a deadline on Nov. 8 for the prosecution to give Golzari the evidence.

Green is scheduled for a status hearing on Nov. 8.

Punch With ‘Significant Force’ Proves Probable Cause, Judge Says

A DC Superior Court judge said the amount of force behind a punch was enough to show probable cause.

Edward Banks is charged with second degree murder for his alleged role in the death of Abraham Binn at a homeless shelter on the 2700 block of Martin Luther King Jr. Avenue, SE on Aug. 20.

Judge Juliet Mckenna said that since Banks used, “significant force,” it shows that he was “attempting to inflict some sort of additional harm to Binn.”

During a preliminary hearing on Oct. 4, the prosecution showed surveillance footage of Banks, 47, hitting Binn while the victim was urinating in a hallway. In the video, Binn immediately fell backwards and hit his head on the tile flooring.

According to the case’s lead detective, MPD was notified that Binn was suffering from severe brain swelling and internal brain bleeds after the assault.

The detective also said Banks identified himself during an interview from a still image.

Apparently, both men lived at the shelter and there were two witnesses who worked at the shelter that identified Banks as the culprit.

Defense counsel, Ieshaah Murphy, requested that the judge not find probable for second degree murder but instead voluntary manslaughter since Banks was not armed and “one punch does not suggest he was personally aware of the additional harm he caused.”

Murphy also requested that Banks be released to a bed-to-bed program because he has mental health issues and a drug addiction.

Banks is being held without bail at DC Jail.

Banks is scheduled for a felony status conference on Nov. 1

Jury Acquits Man for 2 Year Old’s Murder

During a murder trial Oct. 4, a murder defendant was found not guilty on all charges.

James Embre was acquitted from charges of 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, 2018. According to court documents, Embre, 26, was involved in a romantic relationship with Ahmad’s mother.

After only a few hours of deliberating, the jury found Embre not guilty of all five charges.

An order for Embre’s release was filed on Oct. 4.

Judge Sentences Convicted Murderer to 25 Years

A judge sentenced a convicted murderer to more than two decades in prison for shooing a man in 2016.

Andre Becton was found guilty of second-degree murder while armed and two gun-related charges for his role in the death of 35-year-old Darnell Peoples on the 600 block of Mellon Street, SE.

DC Superior Court Judge Juliet McKenna sentenced 27-year-old Becton to 25 years in prison, saying the shooting was not his first conviction with a firearm and that she believed he “had a chance to turn his life around from his last conviction.”

During the sentencing, six members of Peoples’ family told Judge McKenna that Peoples was a loving and caring person.

“Darnell was my best friend, Dre you took that from me,” said the mother of People’s daughter. “My daughter will never know what it’s like to have a relationship with her father. I have to tell her every day how great he was because she will never know.”

She also said she lost two jobs from not being able to focus at work and wakes up at random hours during the night.

People’s grandmother said she would never forget the look on her grandson’s face when she saw him in the street after he was shot.

“I’ll never get to see his smiling face again, or hear him tell me a joke,” the grandmother said. “He will never call me again and ask if I need anything from the store. I hope I’ll see him again soon one day.”

The prosecution said that Becton had previously been incarcerated for an assault with a deadly weapon charge in 2009. “He got in trouble for shooting two people in that case. Thankfully those shots were not fatal but that should’ve been a warning to Becton to change his behavior. But, instead, he was released and killed someone,” the prosecutor said.

The prosecution requested that Becton be sentenced to 30 years in jail. Twenty-two years for the murder and eight years for the gun charges.

However, Becton’s defense attorney, Jeffrey Stein, requested that the judge sentence him to 12 years in prison, saying the defendant will be held irregardless because the gun offenses violated his supervised release terms. Becton will now have to serve out the rest of the sentence for his assault conviction after the murder sentence.

This is “senseless, brazen and frankly arrogant.” Judge McKenna said.

D.C. Witness previously reported that on Sept. 15, 2016, Peoples’ was high on PCP, a mind altering drug, when he approached a group of individuals, including Becton. Peoples’ then said a homophobic comment. An eyewitness heard Becton tell Peoples to “get away.” The witness then said that she saw the two men “tussling” and then saw Becton shoot “downward” towards Peoples. Before he died, Peoples told police that Becton shot him.

Four Teens Shot to Death in September

Four teens died from shootings in September.

According to D.C. Witness data, nearly all of the 15 homicides in September resulted from shootings, one resulted from a stabbing. September’s homicide count is two less than the number of homicides in August (17), and four less, a 21 percent decrease, from the number of homicides in September of 2018 (19).

The four teens who died from shooting in September, include: DeAndre Person, 19, on Sept. 7; 16-year-old Steffen Brathwaite on Sept. 10; 17-year-old Jamel Kirkland on Sept. 22 and Tahlil Byrd, 19, on Sept. 29.

Others who died from shootings during the month, include: 28-year-old Kalin Louis Middleton on Sept. 3; Semaj Alsobrooks, 22, on Sept. 4;; Robert Wagoner, 48, on Sept. 12; George Ransford, 32, on Sept. 13; 20-year-old Lamont Munden on Sept. 15; Alphonzo Carter, 55, on Sept. 16; Marquette Harris, 27, on Sept. 18; Vincent Carter, 21, on Sept. 19; Sean Coleman-Bey, 20, on Sept. 19; and Rashid Ferguson, 21, on Sept. 22.

One homicide in September was caused by a stabbing on Sept. 28. According to the Metropolitan Police Department, officers found Anthony Hardy suffering from an apparent stab wound on the 2800 block of Jasper Street, SE. He died at a local hospital.

Suspects have not been apprehended for any of the homicides in September.

In addition to the 15 homicides, there was also a police-involved shooting on Sept. 16 and a traffic fatality on Sept. 30.

According to a press release, officers responded to a report of sounds of gunshots inside of a residence on the 2200 block of Savannah Terrace, SE. Upon arrival, Eric Carter “brandished a handgun and fired at officers.” Officers returned fire, striking and killing the 53-year-old.

On Sept. 30, 19-year-old Jawan Evans was involved in traffic fatality involving a vehicle and moped at the intersection of Martin Luther King Jr. Avenue and Malcolm X Avenue, SE. Evans, 19, was driving the moped.

Prosecution Expects Murder Indictment Soon

A prosecutor in a murder case said he would have an indictment before the 90-day deadline.

Hilman Jordan, also known as Bobby Jordan, is charged with first-degree murder while armed for allegedly shooting 64-year-old Jawaid Bhutto on the 2600 block of Wade Road, SE on March 1. A nearby security camera recorded the murder, according to court documents.

During a felony status hearing on Oct. 4, Anthony Matthews, Jordan’s defense attorney, said he wasn’t sure why the prosecution hasn’t already indicted Jordan, 46, since there is a video of the crime.

Matthews said that he and the prosecution are working on a plea deal, but neither side is willing to agree on the other side’s terms. “We’re not even in the same universe,” Matthews told DC Superior Court Judge Milton C. Lee.

Matthews indicated that he would know if his client might take a plea shortly after the indictment.

The prosecution said an indictment would be obtained before the 9-month deadline. The deadline for the indictment is in early December.

Jordan’s arraignment is scheduled on Dec. 4.

Clearing the Air

D.C. Witness recently met with the Metropolitan Police Department.

The public information office was concerned that our homicide count was causing confusion because it differs from the number they generated.

As of Oct. 4, D.C. Witness’s number of homicides for the year is 136. The police’s count is 131.

The last thing D.C. Witness wants to do is create confusion. We are committed to transparency and so wanted to explain the discrepancy.

D.C. Witness’s homicide count differs from the Metropolitan Police Department’s calculation because D.C. Witness records all violent deaths, including police-involved shootings and vehicular homicides.

MPD only records deaths that are deemed unlawful, excluding several traffic fatalities regardless of whether or not a person was charged and convicted, and police-involved shootings.

D.C. Witness’s goal is to offer the most data possible to provide the greatest transparency to the DC justice system without being partisan or advocating for any policy or perspective.

To avoid confusion with our homicide number and the MPD’s calculation, we will provide an on-going tally of both numbers so readers have all the information possible.

Judge Grants Trial Continuance for New Evidence

A judge granted the defense a trial continuance in light of new discovery about a key witness.

Chad Everette Hawthorne is charged with first-degree murder while armed for his alleged involvement in the death of 35-year-old Antonio Bassett on the 3900 block of Pennsylvania Ave., SE on May 22, 2017.

Defense counsel, Steven Kiersh, said he just received notice that the prosecution’s most critical witness received a mental health diagnosis.

Kiersh said he needed more time to request a forensic psychiatrist, find medical records that are being held in a discrete location and figure how much, if any, treatment had been received by the witness.

Kiersh also said he had a psychiatrist in mind but was unsure of a timeline.

He also said he didn’t believe the prosecution withheld evidence from him and that everything has been turned over in a timely manner.

The prosecution did not object to the continuance.

DC Superior Court Judge Juliet McKenna granted the continuance.

Trial is now scheduled on Oct. 26, 2020. It was originally scheduled on Oct. 15.

Hawthorne is being held without bail

Defense Calls 6-Year-Old Girl ‘Pathological Liar’

During closing arguments for a murder trial, a defense attorney called a victim’s six-year-old sister a “pathological liar.”

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 Aceyson’s mother.

“There is not one iota of physical evidence that would convict James Embre of this crime,” Jonathan Zucker, Embre’s defense attorney, told the jury during closing arguments Oct. 3. “If you as a juror believe, and I hate to say this, a six-year-old pathological liar then you have been fooled by the prosecution.”

The case ends and begins with the testimony of Aceyson’s sister,” Zucker said.

He said the prosecution was attempting to “paint my client as anything other than what he really is and that is all cockimamy nonsense.”

Zucker said Aceyson’s sister had been caught lying multiple times before and there were other instances where Aceyson sustained injuries from his sister before Embre began dating the mother.

“We know of at least three times where Aceyson was hurt and all three of those cases occurred before James was in the picture,” Zucker said.

He also said that Aceyson’s mom was abusive to her children, which she admitted during her testimony. He said that Aceyson’s sister was “simply replicating what she had learned from her mother.”

However, the prosecution said Embre wanted to have a bigger disciplinary role in the children’s lives and was upset he couldn’t have that.

“All James Embre wanted to do was to get high and drink and it angered him that he had to care for children that were not his without being able to punish them,” said the prosecutor during her closing arguments.

The prosecutor also said Embre was the only possible culprit of the crime because of the size of the abrasions on Aceyson were not consistent with a six-year-old’s fingernails.

She said Embre had “exclusive care of Aceyson.”

Aceyson’s sister was the only eyewitness who has repeatedly said, in multiple testimonies, that she saw Embre punch Aceyson when he was on the bed, the prosecutor said.

She said that when Aceyson’s sister was talking to police about what happened she mentioned that Embre punched her in the leg and told her not to tell her mother what happened.

The prosecutor also said body worn footage shows that when Aceyson’s mother confronted Embre about hurting the baby he immediately got aggressive and “put his fists up like he was ready to fight.” She said he did this because he knew he “had been caught.”

Jury deliberations are set to begin on Oct. 4.

Judge Agrees to Release Murder Defendant

A prosecutor told a DC Superior Court judge that he was not requesting to hold a murder defendant in jail until trial.

Keandre Barber is charged with first-degree murder while armed for allegedly shooting 29-year-old Juan Marcell Grant on the 700 block of Princeton Place, NW on June 19.

DC Superior Court Judge Danya Dayson agreed to release Barber, 19, but she imposed a stay away order from Grant’s family. Barber must also stay out of Washington, DC unless he is meeting with his lawyer or appearing for court.

Although Barber is not under the High Intensity Supervision Program (HISP), he is required to wear a GPS monitoring device.

Mani Golzari, Barber’s defense attorney, did not object to the release.

Barber is scheduled for a status hearing on Dec. 9.

Plea Deal Remains Open for A Defendant in Co-Defendant Murder Case

During status hearing one murder defendant rejected a plea offer while counsel for the other requested an extension.

Jeremiah Jordan and Jerrell Powell are charged with first-degree murder while armed for allegedly shooting Antoine Danell McCullough on the 3500 block of 18th Street, SE in 2016. The co-defendants are also charged with possession of a firearm during a crime of violence and unlawful possession of a firearm.

Brandi Harden, Powell’s defense attorney, requested additional time for a potential plea deal for her client. She said she would use the additional time to review the deal with her client. The prosecution agreed to the extension.

DC Superior Court Judge Danya Dayson scheduled a hearing to discuss the deal on Oct. 9, giving Harden a six day extension.

The prosecution indicated that Powell, 24, would be removed from St. Elizabeth’s Hospital, DC’s psychiatric hospital.

The specifics of Powell’s plea deal were not discussed in open court.

Meanwhile, Jordan’s defense attorneys, Stephany Reaves and Ronald Resetarits, rejected a deal offered to their client. If he had taken that deal Jordan, 29, would have been sentenced to a little more than 4 years in prison aggravated assault while armed.

According to the voluntary sentencing guidelines for the District of Columbia, first-degree murder while armed with no other felonies carries a potential sentence of 30 to 60 years in prison if convicted.

Jordan is not required to attend Powell’s hearing on Oct. 9.

Judge Dayson scheduled a status hearing for both defendants on Jan. 8, 2020.

Prosecution Requests More Time for Indictment

During a felony status conference Oct. 3, the prosecution informed a DC Superior Court judge that more time was needed to secure an indictment.

Tavist Alston, Stephon Evans and Alonzo Brown are charged with first-degree murder while armed for their alleged involvement in the death of 22-year-old Michael Taylor on the 1700 block of Benning Road, NE on Jan. 12. Naquel Henderson and Carlos Turner are also charged with first-degree murder.

The deadline for the prosecution to indict the defendants is on Oct. 24. A decision was not made at the hearing on whether the prosecution would get an extension.

Judge Todd. E Edelman scheduled the three defendants for a felony status conference on Oct. 21 to discuss the status of the indictment.

Henderson is scheduled for a preliminary hearing on Nov. 14 and Turner is scheduled for a status hearing Oct. 11. Neither defendant was at the status conference on Oct. 3.

Judge Sentences Murder Defendant for Drug Deal Gone Wrong

A judge sentenced a murder defendant to three years in prison for stabbing a man during a dispute over a drug deal.

Frederick L. Nowlin pleaded guilty to voluntary manslaughter for stabbing Andre Butler, 52, on the 900 block of Mount Olivet Road, NE on March 22, 2018. Nowlin was initialy charged with second-degree murder while armed. The 38-year-old stabbed the victim after a dispute over a drug deal involving cocaine. Apparently, Nowlin was on prohibition at the time for a prior non-violent crime.

DC Superior Court Judge Todd Edelman cited Nowlin’s willingness to take the plea deal instead of going to trial. Judge Edelman said it was a factor in his decision to accept the plea deal.

“I can see why the plea offer was offered,” Edelman said. “I can see how it is difficult for the prosecution to prove second-degree murder, there are mitigating factors.”

Judge Edelman sentenced Nowlin for manslaughter but not his probation violation. He said the violation was under the jurisdiction of DC Superior Court Judge Patricia Broderick.

Edelamn said Nowlin would serve time for manslaughter and the violation, separately. The sentence will also run consecutively to any other sentence the defendant has.

According to DC Courts, Nowlin will receive credit for time served.

“He has the utmost remorse, he understands the pain the victim’s son is going through” defense counsel, Mani Golzari, said.

According to Golzari, Nowlin made it clear early on that he did not want to take this case to trial.

Despite a “strong case” for self defense, Nowlin wanted to forgo that to accept responsibility for his actions, Golzari told the judge.

“My sincerest apologies to the family of the decedent, I didn’t even know him, things got out of hand so quickly,” Nowlin told the judge and other attendees, including members of his family.

Butler’s son wrote a victim impact statement which the prosecutor read. The son said he was not happy with the short amount of time Nowlin received from the plea deal. He said that mental health issues were no excuse for the defendant’s actions.

According to defense counsel, at the time of the murder, Nowlin was suffering from grief after losing his mother.

“There is a great irony in this case that the defendant, who lost his mother, has taken the life of the victim’s father,” the prosecution said.

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