During a motion hearing June 18, defense counsel raised multiple objections to the prosecution’s draft of a protective order regarding the disclosure of witness identities.
Alonzo Lewis is charged with first-degree murder for allegedly shooting 40-year-old Jaquon Helm and 35-year-old Venius Badgetton the Unit block of Galveston Street, SW in May of 2018. Lewis, 33, is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed against a minor and unlawful possession of a firearm.
The prosecution claimed all evidence has been given to the defense and they would continue to hand over any new material. The prosecutor then spoke with DC Superior Court Judge Danya Dayson under seal to explain the need for a protective order.
Judge Dayson suggested removing the clause to prevent future problems.
Fowler agreed, noting that PDS has procedures and counsel to address possible issues.
Fowler said the prosecution is making unfair promises to witnesses about keeping their identities hidden. He said if the case were to go to trial, the names could be released.
The defense also said the wording of the protective order lowered the requirement of the prosecution to make all evidence available, which is required by law. Fowler said he plans to file a motion by the next hearing scheduled on Sept. 20.
But, the prosecutor argued that the defense attorney doesn’t need to discuss the evidence with other attorneys, claiming the clause would prevent future conflicts if any other attorneys are representing one of the witnesses in a different case.
Judge Dayson suggested limiting disclosure at PDS to a practice group that is cleared for conflicts. She didn’t make a determination on whether the protective order would be granted.
Since 2015, a group of aspiring young journalists has chronicled every homicide in the District on the site D.C. Witness. No killing goes unnoticed. Every victim gets a story, usually accompanied by a photo. Every arrest. Every courtroom hearing. Every verdict. That gets reported, too.
The result is a view of killings as cause for both alarm and sadness.
The stories are brief, but they provide an opportunity for people to see that their loved one existed.
“Through our work, we can see how a homicide can affect people who live throughout the city, sometimes the region,” said LaTrina Antoine, editor in chief at D.C. Witness. “People who are killed usually have lots of family and friends here.”
During the past four years, D.C. Witness has reported on 641 homicides in the city — a count that tracks closely with stats published by the D.C. police department. That’s more than the 550 people killed in mass shootings in the country, from the Sandy Hook massacre in 2012 to the Virginia Beach killings in May.
Mass shootings strike terror because the public never knows when or where one might happen. But D.C. Witness reporters know from covering the trials of homicide victims that there is also terror in living in a neighborhood where killings are all too frequent, where a fatal gunshot could be precipitated by no more than a perceived slight.
“The District is actually a safe city, but not if you’re a young black man between 18 and 27,” said Amos Gelb, founder and publisher of D.C. Witness.
“I see it constantly in the courtroom,” Antoine added. “Black men saying if they weren’t going to be the perpetrator they were going to end up being the victim. And you see the tears of the family. I’ve seen so many tears, and I just keep adding more black male victims to the website.”
D.C. Witness covers every murder in the District. From left, writers Annie Brennan, Regina Woolridge, editor in chief LaTrina Antoine and writer Julia Guercio. Back row from left, writers Nick Slater, Brooke Welsh and publisher Amos Gelb. (Brooke Welsh/D.C. Witness)
Gelb started the website to provide journalism and law school students internships where they could learn how a courtroom works and write about it. He soon saw a need to provide more information about developments in homicide cases — especially for the family and friends of those involved in the tragedy. The work is also supported with grants from the Poynter Institute for Media Studies and the Charles Koch Foundation.
He first hired three students, then later increased that number to five to work with Antoine and an assistant editor as court reporters.
D.C. Witness focuses on a steadily growing mountain of human life cut short.
For instance, combing the homicide tallies for three years — from 2015 to 2017 — there were 339 black males killed in the District, compared with 11 white males, according to D.C. police. During that same period, 36 black women were victims of homicide, compared with four white women.
On average, about 30 percent of homicide cases remain unsolved, according to police statistics.
The primary agencies that handle homicide cases — the D.C. police, the U.S. attorney’s office and D.C. Superior Court — have websites that provide the basic facts about a killing — who was killed, when they were killed, trial dates. Family members need that information, but much more.
D.C. Witness combines data from all three agencies and follows each case as it makes its way through the criminal justice system. The information includes daily updates on court proceedings.
Asked what drives her, Antoine recalled how she had been affected by homicide.
In 2002, she was in an automobile accident that left her in a coma, she said. When she came out of it, she learned that her father, Richard Antoine, 54, had been shot and killed. (His killer was arrested and convicted of reckless use of a firearm.)
“I didn’t know what had happened and getting answers from my family was really difficult,” she recalled. “Part of the reason was they didn’t want to talk about it but also they hadn’t been able to get answers either. That’s what motivates me. Helping families get answers about their cases and telling the stories.”
Gelb had his motivation as well.
“My son just graduated from Wilson [High School in Northwest Washington], and he knew Breon Austin and Jamahri Sydnor,” he said.
“On the school bus, on his way to a football game, one of my son’s teammates got word that his dad had been shot at a Metro station,” Gelb said. “And I’m thinking, ‘This is my kid, this is my city; we have to do more to put an end to this.’ ”
During a felony status conference June 18, counsel in a murder case discussed a warrant for a defendant’s DNA.
Tyree Irving is charged with first-degree murder while armed for allegedly shooting 22-year-old Davane Williams in January on the 1200 block of North Capitol Street, NW. Irving, 22, is also charged with assault with a dangerous weapon as part of a separate offense in February.
The prosecution applied for the warrant ex-parte, which defense attorney, John Fowler, objected to.
Fowler argued that collection of Irving’s DNA is an intrusion on his body. He also said he did not want the DNA sample to be entered into evidence if the case went to trial.
Fowler said the prosecution’s discussion of the warrant with the judge should not be ex-parte. It’s inappropriate to test a detained person’s DNA, he said.
Fowler also said he believes the evidence will go nowhere but gave no further explanation.
After DC Superior Court Judge Dayna Dayson allowed the prosecution to proceed with the warrant application, Fowler said he would file a motion to quash the warrant.
Judge Dayson gave the defense until June 24 to file a motion to quash the warrant. She said the warrant could not be executed until the motion to quash was resolved.
The prosecution’s response to Fowler’s motion is due by June 25 and a motions hearing is scheduled on June 26.
The Metropolitan Police Department is searching for a suspect who is connected to a homicide on the 1300 block of Pennsylvania Avenue, SE.
Police are searching for Peter Nhek Neth in connection to a homicide on June 15.
According to a press release, police are currently looking for Peter Nhek Neth. Neth, 30, is wanted on an DC Superior Court arrest warrant for allegedly shooting 37-year-old Richfield Chang in a residence on June 15. Chan was pronounced dead at a local hospital.
A woman, who was also in the residence, sustained multiple gunshot wounds as well. She was transported to a local hospital for treatment of life threatening injuries.
Anyone who knows the whereabouts of Neth, or who has knowledge of this incident should call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411. The police department is offering a reward of up to $25,000 to anyone that provides information that leads to an arrest and conviction for any homicide committed in the District of Columbia.
The Metropolitan Police Department (MPD) obtained surveillance footage that shows a vehicle that is possibly involved in June homicide.
Darryl Johnson, 27, was shot multiple times on the 300 block of 62nd Street, NE on June 12. He died on the scene.
Police are currently looking for the vehicle described as a blue ‘newer’ ford fusion with tinted windows.
Vehicle of Interest in Darryl Johnson’s homicide.
If anyone has information about the vehicle, please call the police at 202-727-9099. A reward of up to $25,000 is being offered to anyone who provides information that leads to an arrest and conviction in this case or any homicide case in DC. Anonymous information may be submitted to the department’s Text Tip Line — 50411.
A DC Superior judge rescheduled a murder defendant’s preliminary hearing to July 19.
Travis Russell is charged with first-degree murder while armed for his alleged involvment in killing Michael Hooker on the 2700 block of Martin Luther King Jr. Avenue, SE on May 26.
Judge Craig Iscoe made the ruling after the defense requested a continuance. The reason why the defense asked for the hearing to be continued was not disclosed.
According to court documents, Hooker, 44, and Russell, 35, stayed at the same homeless shelter. Russell allegedly got into an altercation with Hooker at a bus stop near the shelter. A short time later, Russell allegedly pushed Hooker to the ground and stabbed him three times with a glass bottle. At the time of the murder, Hooker was allegedly intoxicated.
A DC Superior Court judge ordered a full competency examination for a murder defendant during a mental observation hearing on June 18.
George Anderson, 21, is charged with second-degree murder while armed for allegedly shooting 24-year-old Devin Butler on the 1200 block of North Capitol Street, NW on June 13.
Judge Todd Edelman said that based on a forensic examination on June 17, a mental health counselor for the court “could not form a definitive opinion on [Anderson’s] competency for trial.”
There was no objection from counsel regarding the order for a full competency examination. Defense Attorney, Blase Kearney, requested that Anderson’s evaluation be performed at St. Elizabeth’s Hospital, DC’s psychiatric hospital.
Judge Edelman also agreed that based off his first evaluation, Anderson should be in a “detained setting,” such as a hospital for his safety.
Anderson’s next mental observation hearing is scheduled on July 22.
During a status hearing June 17, a murder defendant pleaded guilty to negligent homicide.
Ryan Thompson was initially charged with second-degree murder and wreckless driving for the death of Matthew Roth on July 19, 2015. Thompson, 26, was racing 31-year-old Rasheed Murray down 16th Street, NW when Murray lost control of his vehicle and struck Roth.
Under the terms of Thompson’s plea agreement, Thompson faces up to five years in prison and three years of supervised release.
Defense attorney, Rebecca Sibloch, also requested that Thompson and Murray’s sentences be separate. DC Superior Court Judge Milton Lee accepted Thompson’s plea and set his sentencing date on Oct. 18.
Murray accepted a plea agreement in July of 2018. His sentencing is scheduled on July 10.
Defense counsel for a murder defendant said they have begun the process of DNA testing during a status hearing on June 14.
Leonard Smith, 33, is charged with first-degree murder while armed and carrying a dangerous weapon for allegedly stabbing 26-year-old Leonte Butler on the 4000 block of South Capitol Street, SE, on March 11, 2017.
Defense counsel said every item of evidence that they want to test has been transferred to the lab and has undergone “some degree of testing.” However, Dinah Manning, one of Smith’s defense attorneys, said they intend to test items of additional evidence that the prosecution introduced more recently. Counsel expects to finish testing in time for the scheduled Nov. 12 trial date.
The prosecution has completed all necessary DNA testing for the case.
DC Superior Court Judge Danya Dayson scheduled a hearing on July 26 to give the defense an opportunity to discuss the results of the DNA testing and decide what further actions to take.
According to court documents, officers of the Metropolitan Police Department found Butler lying unconscious in an alley suffering from multiple stab wounds to the body. Butler was pronounced dead on the scene.
The Metropolitan Police Department is investigating a homicide that occurred on 1300 block of Pennsylvania Avenue, SE.
According to a press release, officers found 37 year-old Richfield Chang inside a residence suffering from multiple gunshot wounds on June 15. He was pronounced dead at a local hospital.
Officers also located a female victim who was suffering from multiple gunshot wounds. She was treated at a local hospital for life-threatening injuries.
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 should contact the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.
During a status hearing June 14, counsel for the Department of Corrections (DOC) was unable to provide answers to a majority of questions asked by a judge, causing more setbacks in the progression of a murder case.
Timothy Gibson, 28, is charged with first-degree murder while armed for allegedly shooting 28-year-old Carl Day-Baker on the 1500 block of T Street, SE on Sept. 1, 2018. Gibson is also charged with possession of a firearm during a crime of violence, assault with intent to kill while armed and first-degree burglary.
The main issue discussed during the status hearing was whether Gibson would be eligible for a halfway housing program. According to counsel for the DOC, Gibson did not meet the department’s criteria to be eligible for a halfway house.
DC Superior Court Judge Danya Dayson asked whether this failure to meet the criteria was due to Gibson’s current charges or his previous assault charges. The DOC counselors said they were not sure but guessed it was due to both.
The prosecution said Gibson has a history of assaultive behavior and that the DOC would need to grant a waiver to place Gibson in a halfway house. However, given Gibson’s charge of first-degree murder, in combination with his criminal history, the prosecution said it would be reasonable for the DOC to deny the waiver.
The prosecution also said that DOC’s policy made Gibson ineligible for the halfway house program. According to the policy, Gibson must be employed full-time, part-time, or enrolled in an educational program. Gibson does not fit into any of those categories.
Gibson’s defense attorney, Eugene Ohm, asked the counselors what they considered to qualify as “past assaultive behavior.” Counsel said they did not know, and told Judge Dayson that they were not there on a factual basis, which was why they could not provide answers to many of the questions.
Judge Dayson expressed frustration with the DOC for not having prepared the answers. She also asked for a clear interpretation of DOC’s policy on halfway housing, but the counsel could not provide an explanation of the policy.
Ohm also expressed his frustrations with DOC counsel, saying their failure to answer the important questions was causing unnecessary delays in the case that were unfair to Gibson. He asked Judge Dayson to hold them in contempt and fine them $10,000/day.
“We’ve been having this same hearing over and over again,” Ohm said. Gibson was apparently supposed to be on a work release eight months ago, but he has been detained while the DOC figures out the answers to the court’s questions.
Ohm said he wanted Gibson to have a fair opportunity to look for a job while he waited for the outcome of the case.
However, Judge Dayson said she was willing to reconsider the halfway house release order since new evidence, which was not specified, could suggest Gibson might be a danger to the community.
On Sept. 20, 2018, Judge Dayson ordered Gibson to be held at a halfway house. However, because of policy, the DOC changed the halfway house order to a work release.
DOC counsel is expected to answer several questions about the agency’s halfway house policy and work release stipulations at a status hearing on June 21.
During a status hearing June 14, a murder defendant waived his right to independently test DNA evidence.
Larry Brown is charged with second-degree murder while armed for allegedly stabbing 33-year-old Derrick Wright to death. The stabbing occurred on the 1300 Block of Florida Avenue, NE, on March 24, 2018.
The prosecution listed the items that are subject to DNA testing, including the victim’s DNA blood card, the victim’s fingernail clippings, a key fob with suspected blood, three shirts with suspected blood on them, and two swabs of the interior passenger’s side of a car.
The prosecutor said he has only tested the card and fingernail clippings. He said the DNA profile on the items matched Wright’s profile. Brown’s DNA was not found on the items that were tested.
According to court documents, officers of the Metropolitan Police Department found Wright on the sidewalk, suffering from a puncture wound to the chest.
Apparently, a surveillance camera captured footage of two individuals engaging in an altercation near the scene of the crime. Police received an anonymous tip that Brown was the shooter.
The Metropolitan Police Department is investigating a homicide that occurred on the 1600 block of West Virginia Avenue, NE.
According to a press release, officers found 43 year-old Damon Bell suffering from multiple gunshot wounds around 1:18 am. He was pronounced dead at a local hospital.
The police are 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 Washington, 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.
Almost a year after a 2018 mistrial, a DC Superior Court judge accepted a murder defendant’s guilty plea.
Paul Swann was charged with first-degree murder for his role in the death of 21-year old Adam Barker. Swann, 27, was also charged with possession of a firearm during a crime of violence and unlawful possession of a firearm due to a prior conviction.
During a motions hearing June 14, the defense announced that Swann would be pleading guilty to second-degree murder while armed, dismissing all other charges, in addition to the charges in four unrelated cases.
Judge Ronna L. Beck granted the defense’s request for sentencing to be decided during the hearing, waiving the protocol of a pre-sentence investigation. Defense attorney, Mani Golzari, explained the unusual request by saying that the defendant “is ready to accept responsibility.”
Based on the facts offered by the prosecution, Swann admitted to arguing with Barker on Feb. 29, 2016, and shooting him in the back. As a result of the plea, Swann would receive 12 years in prison with 5 years of supervised release, rather than 40 years, which was the maximum penalty under the District of Columbia Voluntary Sentencing Guidelines.
Barker’s father gave a victim impact statement, pleading for Judge Beck to not sentence Swann to “serve less time than my son was on this earth.” He continues to say “I pray that we take this to trial.”
Despite the request, Judge Beck sentenced the defendant by the terms of the plea agreement, including a requirement that he register as a gun offender for seven years after release from prison.
