Judge Allows Firearms Expert to Testify Under Specific Conditions

During a motions hearing Aug. 8, a judge limited a firearms expert’s testimony.

Marquette Tibbs, 26, is charged with first-degree murder while armed for allegedly killing Orlando Silver, III, 37, on the 1300 block of Howard Road, SE in 2016. Cinquan Cartledge, 24, is also charged with the first-degree murder while armed. DC Superior Court Judge Todd Edelman granted a motion to sever the cases.

On Aug. 8, Judge Edelman granted a partial motion for Tibbs’ defense team. His ruling will not allow the prosecution’s firearms expert to link a specific bullet to the alleged murder weapon.

Apparently, an officer told Judge Edelman that Tibbs was caught throwing a .40 caliber Smith and Wesson semi-automatic pistol into the woods, D.C. Witness previously reported.

Judge Edelman said the witness would be able to link the bullet to the class of the same type of gun. Edelman also said the expert could testify on the reliability of the methods used to test bullet markings.

According to court documents, Tibbs’ defense counsel, Jessica Willis, filed a motion to exclude expert firearm testimony in December of 2018.

Neither the defense nor the prosecution argued against the ruling.

Tibbs is scheduled for a felony arraignment on Aug. 23. His trial is scheduled to begin on Nov. 18.

Cartledge is scheduled for a status hearing Dec. 4, 2019. His trial is scheduled on May 4, 2020.

Murder Defendant Rejects 2nd Plea Offer

During a status hearing Aug. 7, a murder defendant rejected another plea offer that had been given by the prosecution.

James Embre, 25, is charged with felony murder, first-degree cruelty to children, and second-degree cruelty to children for his alleged role in the death of 2-year-old Aceyson Aizim Ahmad on the 3400 block of A Street, SE in April of 2018. According to court documents, Embre was involved in a romantic relationship with Ahmad’s mother.

D.C. Witness previously reported that the prosecution gave Embre a plea deal last January which he also rejected.

While the terms of the recent plea offer was not discussed in court, the January offer would have reduced his charge of felony murder to second-degree murder.

According to the District of Columbia Voluntary Sentencing Guidelines, second-degree murder carries the possibility of a sentence between 12 to 24 years in prison if the defendant has a criminal history score between zero and a half point.

Both the defense and prosecution said they would be ready for trial, which is set to begin on Sept. 4.

DC Superior Court Judge Juliet J. McKenna scheduled a status hearing on Aug. 22.

Judge Denies Severance, Continues to Hold Murder Defendant

During a motions hearing Aug. 7, a judge denied the defendant’s motions for release and separation from his co-defendant.

Charles Young, 26, is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting Kenneth Poindexter on the 4700 block of Benning Road, SE in 2018. Young’s co-defendants Sean McKenzie, Steven Robin and Edward Brown are also charged with first-degree murder while armed. Robin is also charged with possession of a firearm during a crime of violence.

Defense attorney, Ronald Resetarits, argued that evidence presented by the prosecution showed that Young was not a shooter and at most was only driving the car that the shooters got into after committing the murder.

However, DC Superior Court Judge Todd Edelman said the difference between Young and two of his co-defendants, who were released to a halfway house, was that there was enough evidence to suggest that Young was culpable for the crime.

On July 9, Judge Edelman said he released McKenzie and Brown because he felt as if the defendants earned the privilege through their behavior in the past 18 months.

During a preliminary hearing on the same day, the prosecution revealed that Mckenzie’s DNA was found in the car that was allegedly involved with the crime. Brown’s DNA was not found in the car.

Judge Edelman also said that in regards to the motion for severance he did not believe that court proceedings infringed on Young’s right to a speedy trial or imposed a cruel or unusual punishment.

Young is scheduled for a status hearing alongside his three other co-defendants on Nov. 15.

Numbers of Gun Recoveries Decrease from Spring to Summer, but Fatal Shootings Increase

Even though firearm recoveries have decreased by 26 percent as the city moved from the Spring to Summer, gun-related homicides increased in Washington, DC.

According to D.C. Witness data, there were 333 firearms collected by a program initiated through the Metropolitan Police Department from April 1 through June 30. However, D.C. Witness data shows that 448 firearms were collected from Jan. 1 through March 31.

In the first three months of 2019, there were 28 homicides in DC, according to D.C. Witness data. During the months of April, May and June, gun-related homicides increased by 24 percent bringing in a total of 34 homicides.

Out of the 34 gun-related homicides, 20 of them occurred in the Southeast quadrant of DC.

In the same quadrant, 133 guns were recovered during the same time period. There were 10 gun-related homicides in Southeast, DC between January and March, and 197 guns recovered.

From the 34 gun-related homicides, only eight of those firearms were collected by MPD, according to their communications director. All but one of those firearms were unregistered. The one registered gun is connected with a domestic violence-related homicide.

The orange markers represent firearms recovered by MPD during April 1- June 30. The blue markers represent the locations of gun-related homicides during the same time period.

Document: Homicide on Bass Place, SE

The Metropolitan Police Department is investigating a fatal stabbing that occurred on the 5000 block of Bass Place, SE.

According to a press release, officers located 29 year-old Pierre Fenner suffering from multiple stab wounds on Aug. 5. DC Fire and Emergency Services transported him to a local hospital where he was pronounced dead.

Police are offering up to a $25,000 reward for information that leads to an arrest and conviction in this homicide or any other homicide in Washington, DC. Anyone with information should call the police at 202-727-9099. Anonymous information may also be submitted to the department’s Text Tip Line – 50411.

Homicides Continue to Climb in July

Homicides are getting worse compared to the last few Summer months.

There were 19 homicides in July, which is 19 percent above the 16 homicides that occurred in June and more than 100 percent above the nine homicides that occurred in May.

July’s homicide number reflects the total amount of homicides in April.

Almost all of the homicides that occurred in July resulted from gun violence, except for one trauma-related death in Ward 8 on July 29.

Officers from the Metropolitan Police Department arrested Michael Anthony Grant on the same day for allegedly assaulting Lucas Alonzo Thomas on the 3100 block of Randle Place, SE on July 28. Thomas, 33, died at a hospital the next day.

According to court documents, Grant, 34, told police that he hit Thomas in self defense. Grant said Thomas, who was allegedly drunk at the time, hit him first, egging on a fight.

“Throw your sh** up. Your hands,” Grant told the police Thomas said. Grant said Thomas yelled the words at him while in a fighting stance.

Apparently, Grant knocked Thomas out with one blow. However, while Thomas was still on the ground, Grant hit him again. He told the police that he didn’t think it mattered how many times he hit the victim since the victim struck him first, according to court documents.

Court documents say that Thomas suffered from multiple fractures to the jaw and multiple brain hemorrhages. A medical examiner with the Office of the Chief Medical Examiner of the District of Columbia said Thomas’ injuries were caused by multiple strikes.

The event was not only recorded by Grant after Thomas fell, but also recorded by other witnesses.

According to DC Courts, Grant is scheduled for a preliminary hearing on Aug. 13. He is being held without bail.

The ward with the most homicides was Ward 8 with 10 homicides. In July, Wards 2, 3, and 4 did not have any homicides.

Demetria Tymus contributed to this article.

Murder Defendant Requests Relocation for Home Confinement

During a status hearing on Aug. 5, a murder defendant, who is released on home confinement, would like to be held at a different address.

Wilbert Whitaker, 70, is charged with first-degree murder while armed for his alleged role in the shooting death of 30-year-old Leo Hackett on the 800 block of 21st St., NE on May 2, 2016.

Whitaker said his current residence has become difficult for him to live in. He did not disclose more information in open court.

As a result, defense counsel said they would request Whitaker be confined to a different address. As of Aug. 6, a motion for a change in location had not been filed.

The defense also requested that another hearing be scheduled later in the month to give the prosecution time to respond to the motion.

Whitaker was released under the high intensity supervision program (HISP) in May of 2016. He has been under home confinement ever sense.

In addition to the motion, defense attorney Mani Golzari said he was ready to test DNA material. However, Golizari, said he is waiting on the prosecution to provide the materials to the lab.

The prosecution indicated that the evidence would be sent to the defense during the week of Aug. 5.

In response to the defense’s request, DC Superior Court Judge Todd Edelman scheduled a status hearing on Aug. 21.

Judge Appoints New Co-Counsel for Murder Defendant

During a status hearing Aug. 6, a murder defendant was appointed another lawyer to assist his primary counsel.

Cinquan Cartledge, 25, is charged with first-degree murder, robbery, and several gun related charges for his alleged role in the shooting death of 37-year-old Orlando Silver III on the 1300 block of Howard Road, SE on Nov. 27, 2016 . Cartledge was initially charged with second-degree murder.

DC Superior Court Judge Todd E. Edelman approved a motion from the defense to add co-counsel. Sara Kopecki is expected to join the case to assist Cartledge’s defense attorney, Carol A. Blume.

The defense also requested that Cartledge be released under the high intensity supervision program (HISP).

However, the judge denied the request on the grounds of community safety. Judge Edelman also noted that Cartledge was under GPS supervision at the time of the shooting.

D.C. Witness previously reported that Cartledge, and another defendant in the case, Marquette Tibbs, were wearing ankle monitors that placed them near the scene of Silver’s murder. Two witnesses identified Tibbs, 27, as the shooter.

Tibbs and Cartledge severed their cases, so they could testify in each other’s defense.

Cartledge is scheduled to have a status hearing on Dec. 4.

Murder Defendant Has One Day to Accept Plea Offer

During a felony status conference Aug. 5, the prosecution indicated that a murder defendant has only until Aug. 6 to accept a plea offer.

Tondrick Murphy, 29, is charged with second-degree murder while armed for his alleged role in the shooting death of 26-year-old Marquis Jones on the 2000 block of Martin Luther King Jr. Avenue, SE on Oct. 6, 2018.

The prosecution offered a plea deal that would lower Murphy’s second-degree murder charge to voluntary manslaughter. The offer would also drop an unrelated misdemeanor offense.

Defense counsel told DC Superior Court Judge Todd Edelman that more time was needed to consider the offer. A specific time allotment was not discussed. Murphy previously rejected a plea offer in February of 2019.

The prosecution also said an indictment would be secured by the end of the week.

Murphy has a felony status conference scheduled on Aug. 23.

Judge Grants Continuance for DNA Testing

Editors Note: The defendant in this case has since been acquitted on all counts.

During a trial readiness hearing Aug. 5, a judge granted the defense a continuance to conduct independent DNA testing.

Dewayne Shorter Jr., 28, is charged with first-degree murder while armed, possession of a firearm, assault with the intent to kill while armed and unlawful possession of a firearm during a crime of violence for allegedly shooting 38-year-old Daniel Parker on the 2000 block of Fairlawn Ave. SE in 2017.

D.C. Witness previously reported that, Shorter waived his right to conduct his own DNA testing.

During the hearing defense counsel, Jon Morris, said that Shorter had reconsidered his position and would like time to conduct testing, especially on shell casings and ballistics. A majority of the prosecution’s arguments would reference those items, according to the prosecution.

DC Superior Court Judge Ronna Beck granted the continuance and set a new trial readiness hearing and trial date to allow time for the results to return.

Shorter’s new trial readiness date is set on Jan. 31. A new trial date is set on March 2.

Defense Waives Right to Test Evidence in Murder Case

During a status hearing Aug. 2, defense counsel for a murder case said independent testing on evidence would not be conducted.

Marquette Jordan, 28, was arrested April 30, 2018, for allegedly stabbing 58-year-old Ivan Lynch, a resident of Hyattsville, Md., on the 900 block of 5th Street, SE. Jordan is charged with second-degree murder while armed.

The prosecution told DC Superior Court Judge Milton C. Lee that it was still waiting on DNA results from unspecified biological material.

Jordan is scheduled for a trial readiness hearing on Aug. 27. A trial is scheduled to begin on Sept. 9.

Document: Traffic Fatality in Columbia Heights

In the early morning hours of Aug. 4, a passenger of a vehicle was killed in a traffic accident on the 1200 block of Harvard St., NW.

According to a press release from the Metropolitan Police Department, a vehicle traveling at a high rate of speed lost control and crashed into a parking lot guard booth. The passenger, 39-year-old Nelson Orellana, was pronounced dead at the scene.

The driver of the vehicle was treated for non-life threatening injuries. The crash is still under investigation and there have not been any arrests as of Aug. 4.

Anyone with information regarding this incident is requested to contact the Metropolitan Police Department at (202) 727-9099.

If Only It Were That Simple

DC’s blossoming homicide rate has crossed some kind of rubicon. The weekend of July 20 got so bad that the police chief held a press conference, called in the feds and got the Mayor’s office involved.

The cause for the deadliest weekend in recent memory, said Chief Newsham, was a veritable flood of illegal guns. This is nothing new in DC. Gun-related homicides have been on a steady rise since 2017, rising by approximately 56 percent in the last two years.

To respond to this increase, Chief Newsham called on everyone to help get those guns off the streets, thereby making us all safer.

At D.C. Witness, we cringed when we heard this. Our non-profit website tracks every homicide in DC from act to judicial resolution and gathers every piece of data we can on those deaths.

We cringe, not because the chief is wrong, but because we wish it were as simple as illegal guns. We fear shifting the focus to guns will make this a single issue debate: guns. Only a fool would think such a debate leads to anything but political grandstanding and hardened positions around gun rights vs. gun control and the problem will get no closer to being solved.

Don’t get us wrong. We support their aim of attacking the growing homicide rate whole-heartedly. But, let’s ask the next question. Since nothing has recently changed in gun laws, what has changed that has brought in this recent flood of violence?

D.C. Witness takes a more holistic approach to data than the MPD, which is focused on the policing part of the equation.

Here is what’s missing from the Chief’s stand:

D.C. Witness knows, from tracking each case, that men are buying guns because they increasingly feel they need to protect themselves. Data also shows that petty insults, more than anything else, is the motivation for pulling the trigger. Neither of those can be resolved simply by policing or going after illegal guns.

So, while getting rid of illegal guns is to be supported, unless we address the growing fear that engenders the need for protection, and the lack of impulse control, getting rid of the guns might in fact create the paradox of actually just increasing the demand for more illegal guns.

We fear Chief Newsham’s public plea may unintentionally be warping the search for a real solution and setting his own department up for failure, when the guns continue to flow into our city. Neither outcome is in our collective interest, nor will it stop the killing.

Judge Grants Continuance for Defense Counsel

During a status hearing Aug. 1, a judge granted both parties a continuance after defense counsel had a family emergency.

Tony Antoine McClam, 29, is charged with first-degree murder while armed for allegedly shooting 11-year-old Karon Brown on the 2700 block of Naylor Road, SE on July 18. The police initially charged McClam with second-degree murder, however Magistrate Judge Renee Raymond increased the charge July 24.

Ronald Resetarits stood in as McClam’s counsel. McClam’s defense attorney, James King, could not be in court due to a family emergency. The prosecution did not object to a continuance.

Court documents state that Brown had been seeking refuge in a vehicle when McClam, 29, shot multiple times at the fleeing car.

There have been seven homicide victims who were 18 years old and younger in 2019 as of Aug. 2, according to D.C. Witness data. Six of those victims, including Brown, died from gun-related violence.

DC Superior Court Judge Ronna Beck set a preliminary hearing on Aug. 30.

Judge Removes Murder Defendant from Courtroom

A murder defendant was removed July 31 from a courtroom after she repeatedly interrupted judicial proceedings.

Alisa Randall, 31, is charged with second-degree murder while armed for allegedly stabbing Ronald Jones, 59, in an apartment on the 1300 block of Euclid Street, NW. Randall was arrested on July 15, but it is unclear when exactly Jones died. Jones died of a stab wound to the chest.

During the defense counsel’s cross examination of a Metropolitan Police Department detective, Randall made several inaudible disruptions so the judge removed her from the courtroom.

Apparently, Randall said Jones attacked her. She also said Jones sexually assaulted her daughter.

Defense counsel said Randall stabbed Jones in self-defense after she tried to get away from him.

However, the prosecution emphasized that the defendant had no wounds on her and that she never called for help after stabbing Jones.

The prosecutor also said a bag, which authorities believed to contain Jones’s belongings, was found outside the apartment with suspected blood on it.

DC Superior Court Judge Milton Lee denied defense counsel’s request to release Randall to a half-way house.

Judge Lee said there were several instances when Randall failed to appear to court, and he didn’t believe her presence in court could be guaranteed.

Judge Lee said he was also concerned that Randall never called the police after stabbing Jones.

Randall has a felony status conference scheduled on Oct. 21.

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