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Murder Defendant Motions to Withdraw Guilty Plea


 

 

 

 

 

 

 

During a status hearing Jan. 24, a murder defendant said he wanted to withdraw his guilty plea.

Matthew Moore, 34, pleaded guilty on Aug. 24, 2018, to two counts of first-degree murder while armed for shooting Ronnell Tye Reaves and Kevin Kennedy on the 600 block of 14th Place, NE in January of 2017. 

Reaves, 22, died at the scene after suffering multiple gunshot wounds to the head. Kennedy, 23, was transported to a local hospital in critical condition. He succumbed to his injuries more than a year later in July of 2018.

“He has been dragging this case out for the last two years,” Reaves’ mother told DC Superior Court Judge Danya Dayson during the hearing. “My family cannot move on with this being prolonged.”

Moore, who is being held without bond, initially pleaded not guilty, saying he acted out of self-defense. 

A motions hearing is scheduled on March 8.

Document: Police Arrest Suspect for 2017 Shooting

The Metropolitan Police Department arrested Jan. 24 a man who is suspected of killing a 24 year old in 2017.

According to a press release, Christopher Green is charged with first-degree felony murderfor allegedly shooting 24-year-old Zaan Scott on the  1300 block of Southern Avenue, SE in April of 2017. Scott succumbed to his injuries a almost a month later.

According to the Washington Post, Scott, who was a swim instructor at the William H Rumsey Aquatic Center on Capitol Hill, was shot during a robbery attempt. The bullet allegedly paralyzed Scott from the waist down and caused a blood clot, which the District of Columbia Office of the Chief Medical Examiner ruled as the reason of death.

Green, 32, is scheduled for a preliminary hearing on Feb. 8.



Prosecution Anticipates Early Indictment for Murder Defendant

The prosecution notified the court Jan. 25 that she expects a grand jury to indict a murder defendant earlier than the nine month indictment deadline in April.

Manuel E. Bermudez is charged with second-degree murder for his alleged role in the death of 64-year-old Miguel Pineda-Hernandez on the 1300 block of Irving Street, NW in April 2018.

During the hearing, the prosecution also said she planned to “explore other resolutions” to the case. It is unclear whether or not a plea agreement has been extended.

Surveillance footage shows Bermudez, 38, walking down the street, pushing a bicyclist against a fence and then continuing down the street and pushing Pineda-Hernandez into a metal fence near a tree.

D.C. Witness previously reported that Pineda- Hernandez had end-stage renal failure and multiple heart conditions. However, during the preliminary hearing the prosecution said Bermudez’s actions led to the victim’s death.

Bermudez is scheduled for a status hearing on March 15.

Murder Defendant’s ‘Pride and Ego’ Killed A 16-Year-Old Girl, Prosecution Says

During opening arguments in a murder trial, the prosecution said the defendant’s “pride and ego” killed a 16-year-old girl.

Saeve Evans is charged with first-degree murder while armed and two gun-related charges for his alleged role in the death of Breyona McMillian on the 1200 block of I Street, SE in 2016. Evans, 32, is also charged with obstruction of justice.

The prosecution told a 16-member jury Jan. 24 that Evans was shot previously in connection to an unrelated feud. The prosecutor said that on the day of the murder, Evans was in a parking lot on I Street when a black car entered. Apparently, Evans believed the person driving the car was the person he had a feud with, but it wasn’t.

According to the prosecution, when the black car entered the lot Evans thought “not this time” and fired 16 shots at the car and ultimately struck McMillian, who was in the parking lot with a friend.

“Because of his actions Breyona McMillian is dead,” the prosecutor said.

However, the defense argued an individual in the black car opened fire and struck McMillian in the process. Defense attorney Stephany Reaves told the jury that her client was acting in self-defense when he pulled out a gun and opened fire.

“It’s reasonable to believe Evans thought if he didn’t defend his life he would lose it,” Reaves said.

While the prosecution refutes the notion that the black car held a shooter. Reaves said the black car had stolen license plates and was abandoned after the shooting.

Reaves also said the owner of the vehicle not only lied about the car’s whereabouts on the day of the murder, but also lied about phone calls she made following the shooting.

The trial is scheduled to continue on Jan. 28.

Document: Shooting in Southeast DC

After going ten days without a homicide in Washington, DC, an unidentified person was fatally shot Jan. 24 in Southeast DC.

According to a press release, a man was shot during the evening hours on the 3700 block of O Street, SE in Ward 8. He died on the scene.

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 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.



Prosecutor Gives Murder Defendant One Week to Take Plea Deal

A prosecutor offered a murder defendant accused of killing a two-year-old boy a plea deal to reduce his charges on Jan. 24.

James Embre is charged with first-degree felony murder for his alleged role in the death of Aceyson Aizim Ahmad on the 3400 block of A Street, SE last April. D.C. Witness previously reported that the victim was the son of Embre’s girlfriend and that Embre was taking care of the boy and his six-year-old sister on the night of the murder.

If Embre accepts the plea deal, his current charges would be reduced to second-degree murder. The offer is available for one week and, if it is not accepted, counsel would prepare for trial.

Along with first-degree murder, Embre is also facing two counts of first-degree cruelty to children.

According to the District of Columbia Office of the Chief Medical Examiner, the boy suffered multiple injuries, including a lacerated liver and broken ribs.  

According to court documents, a detective said an inmate allegedly had a conversation with the defendant where Embre admitted to hitting the six-year-old sister. The sister and the inmate told detectives that Embre hit the baby because he would not go back to sleep.

Embre is scheduled for a felony status hearing on Jan. 31.

Document: Police Arrest 2 Suspects in Fatal Shooting

The Metropolitan Police Department arrested Jan. 23 two suspects who are allegedly connected to a murder that occurred earlier this month.

The police arrested 21-year-old Alonzo Brown and 18-year-old Stephon Evans and charged them with first-degree murder while armed for allegedly shooting 22-year-old Michael Taylor on the 1700 block of Benning Road, NE on Jan. 12. Two other individuals, who have not been named, were also shot. They received treatment for non life-threatening injuries at a local hospital.

The suspects are also residents of Northeast DC, according to a press release.

Both defendants are scheduled to appear in court on Jan. 24. The defendants are scheduled for a preliminary hearing on Feb. 15.

Follow D.C. Witness for updates on this case.



Prosecution Expects More Arrests for Murder

A prosecutor notified the court Jan. 23 that she expects at least three more arrests to be made in a murder case.

Antonio Upshaw, 29, is charged with first-degree murder while armed, among other offenses, for his alleged role in the death of 24-year-old Tyrone Johnson on the 2300 block of Pennsylvania Avenue, SE.

During the hearing, the prosecution said additional arrests may delay Upshaw’s trial, which is scheduled on April 8. The prosecutor also said that she’s conducting DNA testing on a hat that was found near the crime scene. She said the testing could also lead to a delay.

In 2017, police arrested and charged Jordan Woods with first-degree murder while armed in connection to Johnson’s death. However, the case was dismissed.

According to court documents, Johnson was shot while he was allegedly selling marijuana to an unidentified individual. 

Surveillance footage showed three cars leaving the crime scene after the murder. Based on the footage, court documents said that police believed multiple people were involved.

Upshaw is scheduled for a status hearing on March 1.

Murder Indictment Will Be Secured by March, Prosecution Says

On Jan. 22, a prosecutor agreed to an indictment deadline in a murder case. 

Eric Smith is charged with first-degree murder while armed for allegedly shooting 38-year-old Rondell Wills on the 200 block of 50th Street, NE in 2018. According to court documents, Wills, who was shot in the neck, was not the intended target.

The prosecutor said that an indictment could be secured by March 22.

According to Title 23 of the Code of the District of Columbia, the prosecution has nine months from the date the defendant was arrested to obtain a grand jury indictment. If they fail to obtain an indictment, the case could be dismissed.

During the hearing, defense attorney Blase Kearney requested an Instagram photo of a key witness in the case. The witness, who identified Smith, 19, as the shooter, was allegedly the original target but managed to escape unharmed. The witness, whose identity has not been revealed, is currently charged with an unrelated gun offense.

The prosecutor said the defense could have the photo as long as the witness was given a protective order.

The prosecutor also agreed to hand over any results on DNA testing. However, the prosecutor said the materials, which were not disclosed, had not been tested.

Smith is scheduled for a felony status conference on March 29.

Government Shutdown Delays DNA Testing, Defense Says

A public defender told a judge Jan. 22 that the government shutdown has delayed the defense’s order for DNA testing in a murder case.

Leonard Martino Smith is charged with second-degree murder while armed and a related weapons offense for allegedly stabbing 26-year-old Leonte Butler on the 4000 block of South Capitol Street, SE in 2017.

Defense attorney Anthony Matthews said the order was delayed because of ramifications from the government shutdown on the Public Defender’s Service. He did not go into detail about what ramifications. Matthews said the defense planned to test DNA from a witness and Butler’s fingernail clippings. 

In December, DC Superior Court Judge Danya Dayson continued Smith’s trial date, which was set for Jan. 22, to November because the defense said they wanted to independently test DNA evidence.

According to court documents, an eyewitness told police Smith was continuously teasing Butler about his speech impediment. Apparently, the witness saw Butler and Smith “playfully pushing” each other on South Capital Street. However, the interaction escalated and Smith pulled out a knife and stabbed Butler multiple times, the witness said.

Smith is scheduled for a status hearing on April 18.

Judge Sentences Man to Time Served for Traffic Fatality

A judge sentenced a murder defendant Jan. 22 to time served. According to the defense, their client was imprisoned for nearly three years, which is the maximum sentence that can be imposed.

In October, Lorenzo Davis pleaded guilty to negligent homicide for his role in the death of 28-year-old Jacqueline Barnes on the 4100 block of Alabama Avenue, SE in 2015.

According to a proffer of facts, during a rainstorm, Davis, 50, sped down Alabama Avenue, lost control of his car, mounted a curb, crashing into a tree. Apparently, Barnes was thrown from the vehicle during the crash. Davis fled the scene. According to the prosecution, there was no evidence that Davis attempted to stop the car or avoid colliding with the tree.

During the hearing, the prosecution spoke on behalf of Barnes’ family, who was not present during the hearing. According to the prosecution, Barnes has three kids, who struggle emotionally in her absence.

“A human life was taken because of the defendant’s negligence,” the prosecution said.

“She never really had a chance,” Barnes’ aunt told the prosecution. Apparently, Barnes was abandoned by her parents and was ultimately raised by family members. The aunt said Barnes struggled with issues her whole life.

Davis expressed remorse, taking responsibility for his role in Barnes’ death.

Defense attorney Pierce Suen notified the court that his client had been held in prison for 993 days. Suen also said that upon his client’s release, he will be extradited to Maryland for charges stemming from a probation violation.

Prior to delivering her sentence,  DC Superior Court Judge Danya Dayson acknowledged Davis’ pending case and noted his criminal history. According to Judge Dayson, Davis has multiple convictions, including a 1996 hit and run and a 1997 attempted murder case.

Davis will serve three years on supervised release.

Murder Defendant Accepts Plea Deal for Assault

Even though a defendant accepted Jan. 22 a plea agreement, which downgraded his murder charge to assault, the victim’s family is not in favor of the deal, the prosecution said.

Brian Jackson pleaded guilty to felony assault with significant bodily injury for his role in the death of 23-year-old Joshua Steele on the 600 block of Alabama Avenue, SE in 2015.

Per the terms of the agreement, the prosecution agreed to dismiss Jackson’s second-degree murder while armed charge. Contingent on the judge’s approval, Jackson could be sentenced to a maximum of three years in prison.

According to a proffer of facts, Jackson, 30, and Steele were in a park near Alabama Avenue engaged in a verbal altercation, which later escalated into a physical fight when Steele swung at Jackson. Fearing for his safety, Jackson pulled out a knife and stabbed the victim once in the chest. The prosecution said Jackson used “excessive force.”

Prior to setting a sentencing date, the prosecutor said members of Steele’s family plan on giving impact statements during the sentencing, which is scheduled on March 15.

Jackson is currently released under the high intensity supervision program.

Judge Sentences Codefendants in ‘Senseless’ 2017 Murder

A D.C. Superior Court judge sentenced two murder defendants Jan. 18 for their role in a 2017 murder that allegedly stemmed from a fender bender. The prosecution said the victim’s death was “senseless” and “uncalled for.”

In August, Michael Jones and Khalil Davis pleaded guilty for their role in the death of 25-year-old Omar Earl Rogers on the 2200 block of Martin Luther King Jr. Avenue, SE in 2017.

Judge Judith Bartnoff sentenced Jones, 22, to 15 years in prison for second-degree murder. Davis, 23, received a seven years sentence for accessory after the fact of second-degree murder while armed.

According to the prosecution, Rogers had just finished performing in a band at the Uniontown Bar, when he backed into Davis’ car. Jones, who was with Davis, became enraged and followed Rogers until he was alone. Jones fired seven rounds into the victim’s car before getting in Davis’ car and fleeing the scene. Apparently, throughout the murder Jones sat in the car “cool as a cucumber as a brutal murder happened,” the prosecutor said.

The prosecutor said that because of the defendant’s actions, Roger, who has two sons, won’t be able to see his children grow up. She also said Roger couldn’t be there for his mother who was battling cancer.

Prior to his sentencing, Jones addressed the court and apologized for his actions. However, he said he felt provoked. According to Jones, the defendants were involved in an altercation with Roger’s friends and guns were drawn prior to the fender bender. Jones’s attorney said his client was angry and “blacked” out.

“I just got mad your honor,” Jones said. “I made a mistake.”

Davis also addressed the court to express his remorse. He explained that during the murder he may have seemed calm, but in truth he was shocked and intoxicated.

“I’m really sorry,” he said. “There’s not enough apologizes that I could give to that family.”

Davis’ attorney said that his client is a thoughtful and intelligent young man, noting that he previously mentored young children in his neighborhood and is on his way to obtaining his Bachelor’s degree in business management.

“Judge me for me and not my actions because that’s not me,” Davis said.

Prior to delivering her sentence, Judge Bartnoff said that she believes Jones is responsible for Roger’s death. She addressed him directly, saying that his explanation that he was angry “almost makes it worse” because she knows his family didn’t raise him that way.

Judge Bartnoff ordered Jones to undergo anger management treatment.

Davis and Jones are also required to serve five years on supervised release following their sentences.

Defendant Rejects Plea, Judge Schedules Trial in October

A man who recently stood trial for murder, rejected a plea deal to an assault charge Jan. 18.

Demetrius Brandon is charged with accessory after-the-fact to assault with intent to kill while armed for his alleged involvement in the shooting death of Marcus Manor on the 2900 block of Sherman Avenue, NW in 2015. In March of 2018, a jury found Brandon, 31, not guilty of first-degree murder and possession of a firearm. However, they couldn’t come to a unanimous decision on the accessory charge.

Along with rejecting the plea, the defense also requested a second trial. DC Superior Court Judge Ronna Beck scheduled the trial to begin on Oct. 16. 

Brandon is released on personal recognizance, but has to report for random drug testing.

Apparently, a prosecutor said that Brandon’s codefendant, Kevin Chase, lived with his sister, who was allegedly in an abusive relationship with Manor. Apparently, after Chase’s sister kicked Manor out,  Manor and Chase, 31, got into a physical altercation. The defense said that Chase believed Manor was reaching for a gun and shot him as a result. However, Manor wasn’t armed.

According to earlier reports by D.C. Witness, Brandon gave Chase a ride in his car after the shooting. He apparently met Chase at a gas station near the scene of the crime.

Chase was found guilty of two gun related charges, but the jury couldn’t come to a decision on first-degree murder and a gun related offense. Chase later agreed to a plea deal which dismissed the gun charge and downgraded the murder charge to voluntary manslaughter.

On March 15, Chase was sentenced to 6.5 years for voluntary manslaughter while armed. Chase was also convicted of unlawful possession of a firearm with a prior conviction and carrying a pistol without a license. He received 32-months per firearms charge. A judge ruled that the firearms charges should run concurrently with the murder charge. 

Brandon is scheduled for a trial readiness hearing on Sept. 18.

Judge Continues Hearing, Gives Defense More Time to Review Evidence

A defense attorney in a murder case requested a continuance Jan. 18, saying she needs more time to review evidence. A DC Superior Court judge granted the request and scheduled an Innocence Protection Act (IPA) hearing on Feb. 8.

Mario Alfaro is charged with first-degree murder while armed for his alleged role in the death of 22-year-old Jonathan Vilchez on the 5400 block of Georgia Avenue, NW in 2017. D.C. Witness previously reported that a detective on the case said the men were in the same street gang.

According to court documents, surveillance footage shows Alfaro, 24, in a convenience store mouthing something to Vilchez. Both men then pull out guns, and Vilchez shot Alfaro, first. As Alfaro left the store, he fired multiple shots at the decedent before running away.

Police subsequently found a blood trail which led them to the murder weapon, which was located inside a dumpster. The trail also led them to Alfaro who was suffering from gunshot wounds, the documents said.

In November, the prosecution notified the court that they do not plan to test any evidence in the case. As a result, they requested an IPA hearing, when the court would formally inquire whether or not a defendant wants to conduct independent testing of evidence.

During the hearing, Alfaro’s defense attorney, Dinah Manning, said she needs additional time to review the materials and advise her client.

In turn, the prosecution said they don’t object to the continuance, but noted continuous delays could result in a postponed trial date.

Alfaro is scheduled to go to trial on Aug. 19.