On Dec. 14, a DC Superior Court judge decided to put all witnesses to a murder case under protective orders. The decision followed a request from defense counsel to get the witnesses’ identifications.
Robert Edward Green is charged with first-degree murder for allegedly shooting Andre Junior, 41, on the 1500 block of Park Road, NW on March 15.
The defense requested the information to question two witnesses who gave police inconsistent statements. One witness, who picked Green out in a lineup, told police that the shooter had short, black hair. But, Green, who was 27 at the time of arrest, is bald.
Judge Danya Dayson decided to put all of the potential witnesses under a protective order because Green has tried to contact witnesses in the past. It is unclear if Judge Dayson ordered the prosecution to give the defense the witnesses’ identities.
Green’s trial is scheduled to begin on Jan. 21, 2020. A status hearing is scheduled on Jan. 30, 2019.
A DC Superior Court judge sentenced Dec. 14 a convicted murderer to 15 years in prison for killing his girlfriend in front of their children.
On Dec. 4, Reynaud Cook pleaded guilty to second-degree murder while armed for shooting 31-year-old Yolanda Stone on the 3300 block of Alden Place, NE in 2012.
According to the Washington Post, Cook, 35, and Stone were arguing in the middle of the street, when Cook pulled out a gun and shot her. Apparently, at least two of their three children were in a car, which was feet from the shooting. The Post reported that in the years leading up to the murder, Stone had multiple restraining orders against the defendant because of repeated physical abuse.
“You didn’t win,” Stone’s sister told Cook during the sentencing. “You took a lot from me, but you made me stronger.”
Through tears, Stone’s niece told the court that it feels like her family is living through a “nightmare.” She said Stone’s loss left a lot of broken pieces.
“You broke us by taking Yolanda away,” the niece told Cook.
Without mentioning specifics, the defense said Cook has a mental health history that should be considered. The defense also said the defendant was the one to approach his attorneys about a resolution, saying that he didn’t want to add any more harm to the children.
Apparently, if the case had gone to trial the prosecution planned to call the children to testify.
Following his release, Cook is required to serve five years on supervised release.
Cook is currently serving a 20 year sentence for the murder of Nacarto Gladden.
A judge sentenced two defendants Dec.14 for their roles in a homicide that transpired after one of the defendants and the victim “happened to bump shoulders.”
D.C. Superior Court Judge Judith Bartnoff sentenced Robinson, 19, to five years in prison and Grover, 26, to 20 years in prison. Robinson, who was 16 years old at the time of the murder, was sentenced under the Juvenile Rehabilitation Act.
According to the prosecution, on the day of the murder, Robinson and Medlay “happened to bumped shoulders” at a Smiley Mart on Martin Luther King Jr. Ave. The two got into an argument. Apparently, Robinson left and returned to the area with a gun that included an extended magazine. The prosecutor said Robinson was waving the gun and yelling at Medlay but eventually got in a car and drove away.
A short distance away, Robinson told Grover, “ You can smoke him.” Shortly after Grover arrived on the scene, he shot Medlay twice in the chest.
During the sentencing, Medlay’s mother addressed the court and said that she has seen no remorse from either defendant.
“He was my child and they had no right,” the mother said. “ I will never let him be forgotten.”
Robinson later addressed the victim’s family, saying they should have sympathy for him because he knows what it is like to lose a family member. “Everybody goes throughout situations like this, especially in our neighborhood,” he said.
According to Robinson’s defense attorney, Robinson, who lost a brother to gun violence, had just returned from the funeral when he entered the market. Robinson’s attorney said his client believed he was standing up for himself.
Grover also spoke during the hearing and apologized to the family, saying “ I’m not going to sit (here) like I’m an angel and don’t deserve this.”
Following their release, Robinson will be required to serve three additional years on supervised release. Grover will have to serve five additional years on supervised release.
During a status hearing Dec. 14, counsel informed a judge about possible modifications to a murder defendant’s protective order.
Giovanti Young is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting Andre Jahmal Johnson, 42, on the 5000 block of H St., SE in 2017. Young, 24, is currently being held without bond.
Counsel told DC Superior Court Judge Judith Bartnoff that they agreed on a new protective order. Initially counsel intended for the agreement to only be verbal. Modifications to the protective order were not revealed.
Judge Bartnoff said that she would approve whatever modifications both sides agreed on. However, she informed counsel to formally submit the new agreement to Judge Edelman in January.
The prosecution also informed the judge that it did not plan on conducting any DNA testing in the case. However, the defense, who has not seen the evidence collected, said they may request testing.
A status hearing is scheduled on Jan. 25, 2019. A jury trial is slated to begin on June 24, 2019.
A convicted murderer was sentenced Dec. 14, to 9.5 years in prison. However, the victim’s family was not pleased with the duration of the sentence.
Talib Clay pleaded guilty in September to voluntary manslaughter while armed for shooting 22-year old Ernest Edwin Baylor, Jr. on the 2200 block of Hunter Place, SE in 2017. Clay was originally charged with first-degree murder while armed.
Baylor’s mother told the judge that the sentence was “a slap on the wrist.”
During their impact statements, both the victim’s mother and father expressed their grief over their son’s loss.
In response to the parents statements, Clay apologized for his actions and said he hopes to find forgiveness one day.
After his prison term, Clay is required to serve five years on supervised release.
A man convicted for killing an innocent bystander was sentenced to 37 years in prison.
Kelby Gordon was convicted in July of second-degree murder while armed, assault with intent to kill while armed, and other related firearms offenses for shooting Gabriel Carlos Turner on the 2600 block of Birney Pl., SE in 2016. Turner was a janitor at the FBI building.
During the sentencing on Dec. 13, DC Superior Court Judge Milton Lee said Gordon, 32, made a series of bad decisions. Decisions that affected not only him, but also Turner, 46; Turner’s family and the defendant’s family, especially his children.
This is the “most senseless and foolish behavior,” Judge Lee said.
Turner’s family did not attend the sentencing.
The prosecutor said Gordon did not show any remorse for killing Turner, noting that the defendant was lucky that only one person was killed during the shooting. As reported by D.C. Witness, Gordon apparently tried to rob an individual who he saw holding a lot of cash. However, when Gordon went to rob the person, who was armed, the two began running a shooting at each other.
Turner, who had intellectual disabilities, was caught in the middle. He was in the area because he visited his mother, daily. “He didn’t see it coming” the prosecutor said during the trial. “One shot, that was all it took and he immediately fell to the ground.”
Gordon, whose parents sat in the courtroom, maintained his innocence, saying he felt the trial wasn’t fair. However, Judge Lee said that he had no doubt about the jury’s verdict.
In addition to serving time in prison, Gordon is required to serve five years on supervised release. He is also required to pay $270 in restitution to a neighbor whose home was destroyed by the bullets and $600 to the Crime Victims Compensation Fund.
A 15-year-old boy was fatally shot on Dec. 13 in an area that wasn’t far from where members of his family lived.
According to Metropolitan Police Chief Peter Newsham, officers responded to reports of gunshots on the 2900 block of Knox Place, SE. When they arrived at the location, they discovered Gerald Watson suffering from multiple gunshot wounds. He was pronounced dead at a local hospital.
Newsham told reporters that night that detectives are reviewing surveillance cameras in the neighborhood. The chief said it appears as if the boy was chased before he was killed.
“It doesn’t make any sense. Who’s going to shoot a kid. This is the holiday season. It is a celebratory time,” Newsham told News4, NBC’s local news affiliate. He said it was “heartbreaking.”
A reward of up to $25,000 is being offered for information that leads to an arrest and conviction in this case 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.
On Dec. 13, a medical examiner contradicted a mother’s testimony about the night her son was killed.
Eric McDuffie is charged with first-degree murder and a related gun offense for allegedly shooting 23-year-old Antonio McCallister on the 2700 block of Langston Place, SE. McDuffie, 27, was initially tried in April; however, the jury was unable to make a unanimous decision.
McCallister’s mother previously told the jury that she saw McDuffie walking behind her son as she was approaching him. The mother said she held her son’s head as he fell to the ground. She said his last words were, “ I love you ma.”
However, a medical examiner from the Office of the Medical Examiner of the District of Columbia said the victim had injuries to his face that were consistent with his face hitting the ground. Furthermore, the medical examiner said McCallister couldn’t have said anything after he was shot because his spinal cord was injured. Apparently, McCallister was shot once in the back of the head.
The defense also questioned if the mother was testifying in order to receive a reward. Apparently, she was diagnosed with manic depression and was also homeless.
“I’m testifying because I want justice,” the mother told the jury.
The defense is scheduled to begin their case on Dec. 17.
On Dec. 13, a DC Superior Court judge rescheduled a murder trial so that the defense could conduct DNA testing.
Leonard Smith is charged with first-degree murder while armed for allegedly stabbing Leonte Butler on the 4000 block of South Capitol St., SE in 2017. Smith was initially charged with second-degree murder while armed.
The new trial date was moved from Jan. 22, 2019, to Nov. 12, 2019. The January date was converted to a status hearing.
Defense attorney Dinah Manning said she will conduct a separate testing on some items after receiving the prosecution’s DNA results. The items to be tested were not specified.
According to the Office of the Chief Medical Examiner of the District of Columbia, Butler suffered from multiple stab wounds to the head and torso. Court documents said the stabbings occurred because Butler hit Smith, who was “continuously teasing” him about his speech impairment.
Counsel said the trial is expected to last five days.
A sentencing date is now pending for a man convicted of murder. The delay was spurred by a change in counsel.
In October, a jury convicted Babajide Pittman of first-degree murder while armed, assault with intent to kill while armed and related gun charges for shooting 27-year-old Anthony Young on the 600 block of L Street, SE in 2016.
D.C. Superior Court Judge Danya Dayson approved Dec. 13 motions to replace Pittman’s current defense attorneys, Lauren Johnson and Anthony Matthews, with Michael Madden. The order comes a little more than two months after Pittman’s conviction.
Because of the change, Judge Dayson said it was not appropriate to set a new sentencing date. Pittman, 33, was originally scheduled to be sentenced on Dec. 13, but the hearing was vacated because of a motion for new counsel that was filed a week before.
Judge Dayson said the defendant needed time to speak with his new lawyer.
The mother of a 2015 homicide victim took the stand Dec. 12 and identified the defendant as the man who killed her son. However, a police officer says the mother was under the influence of PCP, a mind-altering drug, when she made her initial statement about the shooter.
Eric McDuffie is charged with first-degree murder and a related gun charge for allegedly shooting 23-year-old Antonio McCallister on the 2700 block of Langston Place, SE. McDuffie, 27, was initially tried in April; however, the jury was unable to make a unanimous decision.
During the hearing, McCallister’s mother told the jury that on the night of the murder she was only feet away from her son when he was shot.
A Metropolitan Police officer, who helped contain the mother on the night of the murder, told the jury that the mother was “hard to manage” and smelled of PCP. The officer also said that the mother pointed toward McDuffie’s house and said the shooter came from there.
To explain her drug usage, the mother said she started smoking PCP to “smother” her feelings. She said she lost her first son, who was nearly a year old, in 1997. The mother also said she drank nearly a six pack of beer, among other alcoholic beverages, and smoked “dippers”, cigarettes laced in PCP, on the night of the murder.
During cross-examination, the defense noted that the mother, who is diagnosed with manic depression, was prescribed multiple drugs but wasn’t taking them on the day her son was killed.
During a post-disposition hearing for a murder defendant, an inmate said the defendant was not with the armed individual prior to a 2011 shooting.
Darrel Hendy
In 2011, Chamontae Walker was sentenced to 40 years for the first-degree murder of Darrel Hendy. Hendy, 29, was shot and killed on the 800 block of Southern Avenue, SE.
Two other men involved in Hendy’s death, Meeko Carraway and Corey Yates, were also sentenced to 25 years and 36 years in prison, respectively. Carraway was convicted of first-degree murder, while Yates was convicted of second-degree murder while armed and acting as an accessory after the fact.
During the hearing, the defense questioned an inmate who is serving an eight year sentence for an unrelated robbery conviction. The defense apparently called the witness to prove that Walker, 43, did not participate in Hendy’s murder.
According to the inmate, he saw a shirtless man pull out a gun. However, the inmate said he did not see the shooting because he fled after seeing the gun. Even though he did not see the shooting, the inmate said he did not see Walker with the armed individual.
During cross-examination, when the prosecution questioned the inmate about why he took so long to come forward, the inmate said he did not want to come forward because he still lives near the location of the shooting.
According to the prosecution, Walker, Carraway and Yates entered an apartment building where Walker gave Carraway a gun. Shortly after, the three men left, and Carraway shot Hendy. Court documents state that witnesses told police that Carraway and Hendy were arguing in the street shortly before the victim was shot.
The defense said the verdict could have been much different if the jury heard the inmate’s testimony. The prosecution, however, said that the jury should not be the standard for granting the defendant another trial.
During a murder trial, a witness told a jury that her life was in danger after it became publicly known that she was going to testify against a murder defendant.
Eric McDuffie is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting 23-year-old Antonio McCallister on the 2700 block of Langston Place, SE in the Woodland neighborhood.
On Dec. 11, a witness said she received a screenshot of texts threatening her after it became public that she was going to testify. The witness said she did not want to testify because her life is “on the line.”
“I would have people I’m uncomfortable with sitting outside of my house,” the witness said. “I’m still scared [for] my life.”
The witness also said prior to the shooting, she was hanging out with her friends in the Woodland neighborhood. Once she left, she said she noticed McCallister and another individual walking in front of her. The witness said, shortly after, she saw McDuffie, 27, walk past her and shoot McCallister in the back of the head.
During cross-examination, McDuffie’s defense attorney, Russel Hairston, pointed out inconsistent statements that the witness gave during several prior testimonies. The witness admitted she gave different versions of the same story but insisted she saw the defendant shoot McCallister.
According to court documents, McDuffie had a previous trial for this case in April. However, a jury was not able to make a unanimous decision on any of the charges.
McDuffie’s trial is scheduled to continue on Dec. 12.
On Dec. 12, two co-defendants pleaded guilty to their involvement in the death of a man in 2015.
Antonio Brown pleaded guilty to second-degree murder while armed for shooting Charles Welch on the 1800 block of Irving St, NW. Brown’s co-defendant, Amanda Turner also pleaded guilty to one charge of felony threat and two counts of obstruction of justice. Brown, 30, and Turner, 41, were initially charged with first-degree murder while armed.
According to a proffer of facts, the prosecution said it would have been able to prove that Brown shot and killed Welch. The prosecution also said Turner, who was Brown’s girlfriend at the time, threatened a witness, telling the person that “they were next.” In addition to the verbal threat, Turner also sent threatening text messages to another witness and attempted to bribe witnesses with drugs.
According to the plea agreement, Brown could receive a 19 year sentence for the murder. His additional charges would be dropped. He is being held without bond.
Turner’s plea deal would drop charges for possession of a firearm during a crime of violence and two additional counts of obstruction of justice. The agreement would also remove a stay away order that kept Turner away from her mother’s home. Turner is still released on personal recognizance.
Brown and Turner are scheduled to be sentenced on March 8, 2019.
In an effort to minimize unfair sentences, District of Columbia Superior Court judges determine sentences through a chart that applies to all charges, including repeated offenses.
The Voluntary Sentencing Guidelines Manual, which was first implemented in 2004, aligns a defendant’s criminal history score and their charge, which is ranked by severity.
Between 2015 and 2017, DC Superior Court judges sentenced 73 felons in connection to homicides, according to D.C. Witness data. Of that number, 68 felons pleaded guilty after entering into a plea agreement. The remaining five were found guilty by a jury.
Regardless of the method, all felons sentenced in the District are sentenced per the terms of the guideline. While the guideline is not mandatory, there is still more than a 97 percent compliance rate, according to the commissions’ 2017 annual report.
According to the guideline, an offense’s severity increases a defendant’s sentence. The sentence is also increased by prior convictions.
With regard to DC homicides, there are eight main charges that recur throughout sentencing:
First-degree murder while armed,
First-degree murder,
Second-degree murder while armed,
Second-degree murder,
Voluntary manslaughter while armed,
Voluntary manslaughter,
Involuntary manslaughter while armed, and
Involuntary manslaughter.
Each sentence has a declared maximum and mandatory minimum.
Graphic by Thamar Bailey; Hourglass by James Cottell via the Noun Project
First-degree murder while armed carries a maximum sentence of life without release and a mandatory minimum of 30 years in prison. First-degree murder carries the same conditions as first-degree murder while armed.
Second-degree murder while armed carries a maximum sentence of life in prison and a mandatory minimum of either five or 10 years in prison based on whether or not the defendant is being sentenced on one or more firearm charges. Second-degree murder carries a maximum sentence of life in prison and has no mandatory minimum.
Voluntary manslaughter while armed carries a maximum sentence of 30 years in prison and a mandatory minimum of either five or 10 years in prison based on whether or not the defendant is being sentenced on one or more firearm charges. Voluntary Manslaughter carries a maximum sentence of 27 years in prison and has no mandatory minimum.
Involuntary manslaughter while armed carries a maximum sentence of 30 years in prison and a mandatory minimum of either five or 10 years in prison based on whether or not the defendant is being sentenced on one or more firearm charges. Involuntary Manslaughter carries a maximum sentence of 27 years in prison and has no mandatory minimum.
None of the 73 felons were solely sentenced on first-degree murder or first-degree murder while armed, according to D.C. Witness data. More than half were sentenced solely on the following charges:
Second-degree murder while armed (17 felons),
Second-degree murder (5 felons),
Voluntary manslaughter while armed (11 felons),
Voluntary manslaughter (13 felons),
Involuntary manslaughter while armed (1 felon), and
Involuntary manslaughter (2 felons).
While all 73 felons were sentenced within the constraints of the mandatory maximum and minimum sentences, there are instances where lesser charges and greater charges were given inconsistent sentences.
According to DC Superior Court Judge Milton Lee, sentences are given based on the circumstances of the case.
For example, in 2017 Tayvon Felton, 21, pleaded guilty to voluntary manslaughter, which carries a 30-year maximum sentence, but he was sentenced to 14 years in prison for his role in the fatal stabbing of 32-year-old Cortez Lamont Clark. Clark was killed on the 300 block of Parkland Place, SE in 2015.
In contrast, Damontay Holliway, 26, who pleaded guilty to second-degree murder while armed in 2015, was also sentenced to 14 years in prison. Holliway’s charge stems from his involvement in the shooting death of 27-year-old Marcus Alston on the 2700 block of Langston Place, SE earlier that same year.
