Missing Witnesses Cause Delay in Murder Trial

The day a murder trial was scheduled to begin, a DC Superior Court judge delayed jury selection after the prosecution said they are missing six witnesses.

Derryck Decuir is charged with first-degree murder while armed for his alleged involvement in the death of 15-year-old Malek Dayvon Mercer on the 2800 block of 28th Street, SE, in 2015. 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.

The trial was scheduled to begin on April 8. D.C. Superior Court Judge Craig Iscoe continued the trial to April 9.

“This is not a situation where the government can’t find witnesses. This is a situation where these witnesses aren’t showing up,” the prosecution said.

The prosecution said they were “zealously” trying to secure six material witnesses who they have not been able to locate. They said that all six witnesses have testified in Decuir’s previous trials.

“I am quite concerned for the number of material witnesses, all of whom would not be coming in voluntarily,” Judge Iscoe said. He said bringing the witnesses to court involuntarily could impact the credibility of their testimonies.

Judge Iscoe said he signed material witness warrants on April 5. None of the prosecution’s witnesses have been apprehended as of April 8.

“We are trying to go to trial,” the prosecution told the court. The prosecution said they would file motions to declare the witnesses unavailable if they could not be located.

D.C. Witness previously reported that a jury found Decuir guilty of unlawful possession of a firearm with a prior felony, carrying a firearm without a license with a prior felony, obstruction of justice and tampering with physical evidence in connection to Mercer’s death.

Decuir was sentenced for the firearms, obstruction and tampering charges in August of 2018. He is currently serving a 23-year sentence.

Document: 2 Die in Traffic Collision on I-295

The Metropolitan Police Department is investigating a fatal traffic collision that occurred on Interstate 295 in the Southbound direction.

The collision claimed the lives of 36-year-old Lance Antonio Way, a resident of Silver Spring, Md. and 53-year-old Audrey Wimbish.

According to a press release, during the early morning hours on April 5, a person driving a 2015 Kia Optima was driving northbound in the southbound lanes. The Optima collided with a 2010 Mercedes Benz that was traveling southbound and then struck a 2014 Toyota Corolla. In an attempt to avoid the crash, a person driving a Chevrolet Suburban made an evasive maneuver, which caused the vehicle to lose control and crash into a concrete barrier.

The operators of the Optima and the Suburban died, while the occupants of the Mercedes Benz and the passenger in the Suburban were transported to an area hospital for non-life threatening injuries. The operator and occupants in the Corolla did not sustain injuries.

Document: Homicide on Wagner Street, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on 2400 block of Wagner Street, SE.

According to a press release, during the early morning hours officers found 28 year-old Montray Brown suffering from multiple gunshot wounds. The victim died on the scene.

According to D.C. Witness data, Brown’s death is the 44th homicide in DC this year. There were 35 homicides during this same time last year.

The police department is offering a reward of up to $25,000 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 Sets Trial Date in Double Homicide

During a status hearing April 8, a DC Superior Court Judge set a trial date for a double homicide.

Alonzo Lewis is charged with two counts of first-degree murder while armed, among other charges, for his alleged role in the deaths of 35-year-old Venius Badgett and 40-year-old Jaquon Helm on the Unit block of Galveston Street, SW in May of 2018.

After taking the prosecution and defenses’ availability into account, Judge Danya Dayson scheduled Lewis, 33, to go to trial on July 27, 2020. She also scheduled a trial readiness hearing on July 17, 2020.

During the hearing, Lewis’ defense attorney, John Fowler, notified the court he was missing some discovery evidence, including reports and information pertaining to witnesses and police officers. However, Fowler said he’s working with the prosecution to address the issue.

According to court documents, an 11-year-old witness said that Lewis’ romantic partner got into a physical altercation with Badgett before Helm pulled Badgett away. Another witness said Lewis shot both Badgett and Helm following the incident.

D.C. Witness previously reported that Helm and Badgett were married for six years and had five children, who were not harmed in the shooting.

Lewis is scheduled for a status hearing on July 19.

Judge Appoints New Counsel for Murder Defendant

During a status hearing April 8, a DC Superior Court judge dismissed a murder defendant’s attorney and appointed new counsel.

Nyekemia Everett is charged with first-degree murder while armed and conspiracy, among other offenses, for his alleged role in the death of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017. His codefendant Malik Hewitt is also charged in connection to Heard’s death.

After speaking with Everett and his attorney, Laurence Socci, under seal, Judge Danya Dayson granted Socci’s motion and dismissed him. Judge Dayson said defense attorney Michael Madden will represent Everett, 33, moving forward.

According to DC Courts, Socci filed a motion to withdraw on March 27.

Everett and Hewitt, 38, are scheduled for a status hearing on April 18.

Defense Attorneys Address Prosecution’s Previous Misconduct

On April 5, the defense requested to schedule another hearing to address the prosecution’s misconduct during a trial that occurred from Jan. 23 to March 6.

Co-defendants Monte Johnson and Jalonte Little are charged with first-degree murder while armed for their roles in the death 22-year-old Deeniquia Dodds, also known as Gregory Dodds, on the 200 block of Division Street, NE in 2016.

Defense attorneys, Brandi Harden and Kevin Irving, requested to schedule a hearing to address the prosecution’s misconduct during Johnson and Little’s previous trial that resulted in a mistrial. The attorneys said they were possibly going to submit motions to dismiss Johnson and Little’s cases.

“[The] misconduct from before needs to be addressed,” said Harden. “It rose to the level of obstruction of justice.”

Apparently, there were concerns that the prosecution attempted to coerce a witness and engaged in jury tampering.

According to Harden, the prosecution made these actions “because they believed the case [against Johnson and Little] was so weak.”

“There has to be a hearing,” said Irving. “Grounds for dismissal is still on the table.”

However, the prosecution said there was no evidence of misconduct.

“The conduct that took place during the course of the trial is troubling,” said DC Superior Court Judge Milton Lee.

Johnson and Little have a status hearing scheduled on Aug. 2.

Brothers Cyheme Hall, 23, and Shareem Hall, 25, are also charged for the murder. Shareem is pending a preliminary hearing, and his brother’s case has not been updated on the DC Courts’ website.

Judge Denies Releasing Murder Defendant

On April 5, a judge denied releasing a murder defendant on bail.

Alonzo Brown, Stephon Evans and Carlos Turner are charged with first-degree murder while armed for their alleged roles in the shooting death of 22-year-old Michael Taylor at an apartment complex on the 1700 block of Benning Road, NE on Jan. 12. According to court documents, two other people also sustained non-life threatening injuries. It is not clear if Taylor was the intended target.

DC Superior Court Judge Todd Edelman denied bail, saying Evans was a danger to society. The judge based his decision on ammunition and firearm parts that police found in Evans, 18, home and a police interview where Evans identified himself, Turner and Brown on surveillance footage captured shortly before the murder.

However, defense attorney, Joseph Caleb, said the only evidence connecting Evans to the crime is an identification by a police officer, which Caleb called “unreliable.” Caleb said the officer had not patrolled the neighborhood for almost a year before identifying Evans as a suspect in Taylor’s murder.

According to court documents, surveillance footage shows four armed men walking near the complex on Benning Road. Apparently, Brown and Evans were part of a gang, and family members told police that the shooting was in retaliation for the death of Shamar Marbury, another member of the gang, which occurred earlier in January.

Evans, Brown, 22, and Turner, 20, are scheduled for another felony status conference on July 2.

Defendants Plead Not Guilty to Murder

After waiving a formal reading of their indictments, two murder defendants pleaded not guilty to fatally shooting a man in 2018.

Charles Young and Steven Robin are charged with first-degree murder while armed for their roles in the death of 29-year-old Kenneth Poindexter on the 4700 block of Benning Road, SE on Jan 20, 2018.

During the hearing on April 5, DC Superior Court Judge Todd Edelman asked defense attorneys Michael Madden and Ronald Resetarits if they wanted to independently test DNA evidence. The prosecution previously conducted DNA testing and counsel said the results were handed to the defense. Both defense attorneys said they needed more time to speak with their clients.

Judge Edelman scheduled a status conference on May 3, so counsel could discuss what evidence needs to be tested.

D.C. Witness previously reported that Young was indicted by a grand jury in December for first-degree murder while armed and a related gun charge.

According to court documents, a witness said that four men exited a white Mercedez Benz shortly before Poindexter’s murder, and that three of the men were armed with firearms. Apparently, a man named “Chilly,” which is Young’s nickname, owned a white Mercedez Benz.

A trial for Young and Robin is scheduled on Sept 30.

Prosecutor Agrees to Hand Over Evidence for Murder Trial

During a felony status conference April 5, a prosecutor agreed to hand over all evidence to the defense in preparation for a murder trial.

Elhadji Babacar Ndiaye is charged with first-degree murder while armed for allegedly shooting 21-year-old Travis Deyvon Ruth on the 2700 block of Jasper Street, SE last January. According to court documents, Ruth was shot nine times with a majority of the wounds in his back.

During the hearing, a prosecutor said she turned most of the case’s evidence over to defense attorneys with the exception of a transcript to a video interview. The transcript would be available to defense on April 9, the prosecutor said.

DC Superior Court Judge Todd Edelman said that prosecutors had until the end of the year to secure an indictment for Ndiaye, who is 19 years old.

D.C. Witness previously reported that Judge Edelman said Ndiaye was a danger to the community and found substantial probability that Ndiaye shot Ruth. Ndiaye is currently being held without bail.

According to court documents, witnesses said Ruth was driving in a green Honda Accord with friends before he was shot. The car was found burned a week after the murder.

Another felony status conference is scheduled on June 21. A trial date has not been scheduled as of April 5.

Document: 2 Men Fatally Shot in Deanwood

The Metropolitan Police Department is investigating a fatal shooting that occurred in Deanwood during the evening hours on April 4.

According to a press release, 23 year-old Jobe McDowney, a resident of Southeast, DC and 21 year-old Desmond Richardson, a resident of Temple Hills, MD were found suffering from gunshot wounds in a residential building on the 4900 block of Nash Street, NE. The men died on the scene.

An additional victim, who was found on the 900 block of 44^th Street, NE, was transferred to a local hospital with non-life threatening injuries, the release said.

Police are offering up to a $25,000 reward for information that leads to an arrest and conviction in the 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.

Convict’s Statement Backs Up Prosecution’s Theory for 2 Homicides

During a trial April 4, prosecutors said video recordings of a convicted murderer’s interview with police backed up their theory for another murder.

Terik McLeod is charged with two counts of first-degree murder while armed for his alleged role in the deaths of 17-year-old Devaun Drayton and 23-year-old Carlton Fisher in 2004 and 2006, respectively. According to DC Courts, the witness, who was initially charged with 13 offenses including first-degree murder for an unrelated homicide, entered into a plea deal in 2009 for voluntary manslaughter.

During the video interview, which took place in 2007, the witness told police that McLeod killed Drayton after Drayton stole a gun from McLeod. He said another man, who is Drayton’s cousin, “set [Drayton] up” to be killed by McLeod.

The witness also told police that McLeod sold the gun used in Drayton’s murder to Fisher. McLeod then killed Fisher because he was a “snitch.”

However, during his testimony on April 4, the witness said he could not remember what happened. The witness told the jury that he made up his statement so the police would release him.

Defense attorney Bruce Cooper said the witness had immunity from giving false statements in 2007 as part of the plea agreement.

The witness, who was serving his sentence in a halfway house, was incarcerated again for attempting to escape.

The trial is scheduled to continue on April 9.

Judge Finds Probable Cause in Botched Robbery

During a preliminary hearing April 4, a DC Superior Court judge found probable cause that a defendant was involved in a robbery that resulted in the death of a 24-year-old man.

Gabriel Brown is charged with first-degree murder while armed and robbery while armed for his role in the alleged shooting of Tyrone Johnson on the 2300 block of Pennsylvania Avenue, SE in 2017. Brown was initially charged on March 20 and is currently being held without bail.

Antonio Upshaw, 29, and Jordan Woods were also arrested in connection to Johnson’s murder. Upshaw is charged with first-degree murder while armed and is currently being held without bail. The prosecution didn’t bring charges against Woods, according to the U.S. Attorney’s Office for the District of Columbia.

Judge Juliet Mckenna said she made her ruling based on cell site data placing Brown, 30, near the crime scene. The phone also allegedly contained messages between Brown and Johnson, to set up a drug deal for two pounds of marijuana.

According to court documents, Brown set up Johnson and scheduled the drug deal so he could be robbed.

Documents state that witnesses told police they heard multiple gunshots come from an alleyway on Pennsylvania Avenue. Witnesses said they saw a man wearing a black jacket with a red hood get into a black SUV and leave the scene.

A Metropolitan Police Department detective told the judge that Brown’s cell phone was in the same area as the crime when it occurred. The detective also said the phone remained in contact with Johnson until the time of his death.

Brown’s defense attorney, Kevin Irving, argued against the court’s finding and said someone other than Brown could have been using the phone. Irving said the phone was registered under another person’s cell phone plan.

However, the prosecution said that even though the phone was under someone else’s name, a witness told police that Brown paid for his share of the phone bill. The prosecution also said a witness told police the phone belonged to Brown and provided the defendant’s contact, which contained his picture.

Brown is scheduled for a felony status conference on April 8.

Jury Finds Defendant Guilty of 2016 Homicide

After a few hours of deliberation, a defendant was found guilty of fatally shooting a 35-year old man in 2016.

On April 4, a jury found 27-year old Andre Becton guilty of first-degree murder while armed and two gun-related offenses. Darnell Peoples was killed on the 600 block of Mellon Street, SE.

An eyewitness, who testified on behalf of the prosecution, said she was on Mellon Street that night looking to buy crack-cocaine. She said she ran into her friend and drug-dealer, Darnell Peoples, who was high on PCP, a mind-altering drug. The witness said Peoples was acting unusual and “loving.”

According to the witness, Peoples crossed Mellon Street and approached a group of individuals gambling. Apparently, Peoples made a homophobic comment about the individuals, who were hunched over with their butts sticking out.

The prosecution said it was at this point that Becton became angry, started cursing and told Peoples to leave.

The witness told the jury that she saw Peoples pull Becton in what looked like a “hug,” and the two men began to tussle over a gun. The witness said she then saw “downward shooting.” She also identified the tag number of a red vehicle that the shooter drove away in.

“He shot at someone who was not aggressive. He shot at someone who was not armed,” the prosecution said during closing arguments.

The prosecution also said there was no evidence of self-defense.

When detectives questioned Becton about the incident, he initially denied feeling threatened by Peoples. Becton also said he did not shoot the victim.

However, Becton’s defense attorney, Jeffrey Stein, claims Becton felt threatened and acted in self-defense after being “grabbed” by Peoples. Stein said his client fired one shot, and when Peoples wouldn’t let go, he fired again.

Court documents state that Peoples was shot once in the hip and then in the neck.

“Mr. Becton was defending himself after the decedent attacked him,” Stein told the jury. “He didn’t intend to kill him.”

Stein said his client lied to detectives about his involvement because he was scared he was going to get in trouble. Stein said Becton didn’t know that self-defense was a legal claim.

D.C. Witness previously reported that Peoples told police, minutes before he died, that his shooter was “wearing all-black everything.” He then identified his shooter as “Dre, from Trenton Park.”

“He thought he could outsmart the law,” the prosecution said. “He never thought the decedent was going to identify him.”

Read D.C. Witness’s coverage on the entire case, here.

‘I Have No Recollection’ of Murder, Witness Says

During a murder trial, a witness told the jury that he had no memory of seeing the defendant near a crime scene. However, the prosecution says the witness told a grand jury the opposite.

Terik McLeod is charged with two counts of first-degree murder while armed for his alleged role in the deaths of 17-year-old Devaun Drayton and 23-year-old Carlton Fisher in 2004 and 2006, respectively. According to the prosecution’s theory, McLeod shot and killed Drayton over a missing gun. The prosecution said McLeod killed Fisher, who knew he killed Drayton, because he was a “snitch.”

“I have no recollection from then, the witness told the jury on April 3. “I can’t tell you nothing. I’m sorry.”

The witness also said that he didn’t know who McLeod, 33, or Fisher was.

Meanwhile, the prosecution presented the witness with grand jury testimony in which he said he was present in a courtyard near the 1100 block of 21st Street, NE, where Fisher was killed.

The witness also told the grand jury that he saw McLeod and another individual prior to the shooting near the courtyard. Apparently, the witness asked the men for marijuana but was brushed off.

During cross examination, defense attorney Michael Madden asked the witness if he was playing games or if he truly didn’t remember. The witness said he wasn’t and that his use of PCP as well as trauma may have affected his memory. Apparently, the witness was shot five times.

“I don’t even know who shot me, let alone who shot someone else,” the witness said.

The witness told Madden he wasn’t high on PCP during the grand jury hearing.

Fisher’s girlfriend also took the stand. She told the jury that she was in Fisher’s mother’s apartment when she heard multiple gunshots. She said it sounded like it came from two different guns and that a neighbor came by the apartment to tell them Fisher was shot.

When asked if she knew anything about Fisher “snitching” on McLeod, the girlfriend said that when she visited Fisher in jail she noticed he had a scratch between is eyebrows. Apparently, Fisher got into a fight with another inmate, who said Fisher was a snitch.

The defense also asked her about why she never mentioned “snitching” during her grand jury testimony in 2007. The girlfriend said she was “scared.”

The girlfriend told Madden that she heard rumors about who killed Fisher. She also said she spoke with detectives twice before her 2017 grand jury testimony, which included information about McLeod and “snitching.”

The girlfriend’s testimony is scheduled to continue on April 4.

Prosecution Says Murder Victim Identified Shooter

During closing arguments in a murder trial, the prosecution said the victim identified the defendant as his shooter moments before his death.

Andre Becton is charged with first-degree murder while armed and two gun related offenses for his alleged role in the death of 35-year-old Darnell Peoples on the 600 block of Mellon Street, SE in 2016.

“He was laying in the grass, struggling to speak,” the prosecution told the jury, referring to the victim. “Blood was gushing from his neck” when Peoples told police, “it was Dre from Trenton Park.”

The prosecution said Peoples was high on PCP, a mind altering drug, when he approached a group of individuals, including Becton, and made a homophobic statement.

“It was a tone-deaf comment that he made. It wasn’t a threat,” the prosecution said.

According to the prosecution, an eyewitness said Becton told Peoples to “get away” and started to curse. The eyewitness said she saw the two men “tussling” and then saw Becton shoot “downward” at Peoples.

The prosecution also showed video footage of interviews with detectives in which Becton denied being involved, denied being threatened and denied acting in self-defense.

“He never thought the decedent was going to identify him,” the prosecution said. “He shot at someone who was not aggressive. He shot at someone who was not armed.”

Becton’s attorney, Jeffrey Stein, refuted the prosecution’s theory, saying Becton acted in self-defense after Peoples “grabbed” him.

“Mr. Becton was defending himself after the decedent attacked him,” Stein told the jury. “He didn’t intend to kill him.”

Stein said his client fired one shot, and when Peoples wouldn’t let go, he fired again.

Stein said his client lied to detectives about his involvement because he was scared he was going to get in trouble. Stein said Becton didn’t know that self-defense was a legal claim.

The defense also attempted to discredit the prosecution’s eyewitness by saying she was smoking crack and drinking on the night of the murder.

The jury began deliberating on April 3.

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