During a detention hearing Aug. 1, a judge denied the defense’s request for release because of community safety.
Timothy Gibson, 28, is charged with first-degree murder while armed for allegedly shooting 28-year-old Carl Day-Bakeron the 1500 block of T Street, SE on Sept. 1, 2018. Gibson is also charged with two counts of possession of a firearm during a crime of violence and assault with intent to kill while armed.
DC Superior Court Judge Danya Dayson ruled that Gibson could not be released to a halfway house or jail program because she was not sure that Gibson would comply with the rules. She derived this notion from calls Gibson made while in jail.
“I’m hoping I get sent to Hope Village, that joint, I know I can get away with some shit,” Gibson said on a call.
Judge Dayson said, “these statements are worrisome and convinces me that Mr. Gibson is looking for ways to circumvent the rules.”
A trial readiness hearing is scheduled on Aug. 20. A trial date is set on Sept. 9.
During a status hearing on Aug. 1, defense counsel requested an additional status hearing so that qualified co-counsel can be found.
Denzel Grandson, 26, is charged with first-degree murder while armed on May 1, 2018, for allegedly shooting 36-year-old Simwone Milstead at 2700 block of Langston Place, SE in 2014. Milstead succumbed to his injuries at a hospital the following day.
Andrea P. Antonelli was co-counsel on Grandson’s case until she withdrew from the case on July 29. Grandson’s other attorney, Charles P. Murdter, requested additional time to find a new co-counsel with both the qualifications and availability to assist.
When Judge McKenna asked attorney Murdter if he would also need the trial to be postponed, Murdter responded that he was “optimistic”, and believes he can be ready for trial without a new date.
After deliberating for one day, the jury found a man guilty of murdering his cousin.
Gary “Little Gary” Procter was found guilty of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition for his alleged involvement in the death of his cousin, Jerome “Beanie” Diggs, 47. The crime occurred on the 1300 block of First Street, SW on July 27, 2015.
Even though the trial began on July 15, the jury wasn’t called in until July 22 due to several witness conflicts. Closing arguments occurred on July 31.
The victim’s brother alluded to Proctor’s criminal history in his testimony on July 22, so defense attorney Steven Kiersh filed for a mistrial. Judge Dayna Dayson denied the motion because the witness did not give any context to Proctor’s alleged crime.
On that same day, the victim’s neighbor testified and said she heard gunshots. She told the court she waited a few minutes until she went outside and found Diggs with multiple gunshot wounds outside his back kitchen door.
She also said Diggs said it was “Little Gary” who shot him.
“I heard everything,” the neighbor said. “He was speaking so clear.”
The victim’s sister also told the jury that Diggs called her on the day of the murder and told her that his cousin, Gary Proctor, had shot him.
He “felt like he wasn’t going to make it,” the sister said.
Throughout the trial, several witnesses testified about a family barbecue that happened on July 11, 2015. The event turned violent after the defendant, his father and his uncle got into a physical altercation with the victim and his nephew.
According to a witness, Proctor wasn’t initially at the flight until his father called him. He allegedly showed up to the event with bats and sticks that they used to attack Diggs and his nephew.
The nephew was sent to the hospital, according to a witness.
The mother of Diggs’ nephew was upset and began to send threatening texts to Proctor’s father accusing him of child molestation and kidnapping.
After several days, the defendant’s father filed a Civil Protection Order (CPO) against the victim’s sister. The court date is set on Aug. 3.
The victim’s sister said Diggs told her that both Proctor and his dad asked him to not to testify and even offered to pay him money.
A gun has not been recovered, but investigators said the eight shell casings found in Diggs’ home could only be used with four types of guns.
Security footage shows Proctor dropping off his cell phone at a mobile store the morning after the murder. Police found images of a Smith and Wesson, which is one of the possible types of guns that could have been used to kill Diggs, on the phone.
According to DC courts, the defense is expected to file a motion for a new trial by Oct. 1. A status hearing is scheduled on Nov. 1.
During closing arguments, the prosecution reiterated several motives that would cause a man to murder his own cousin.
Gary “Little Gary” Proctor is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition for his alleged involvement in the death of Jerome “Beanie” Diggs, 47. The crime occurred inside the victim’s house located on the 1300 block of First Street, SW on July 27, 2015.
The prosecutor explained the evidence piece-by-piece, saying it shows that the defendant had several reasons to murder the victim, including drugs, a family dispute and snitching.
During the investigation, police searched Proctor’s 2012 Toyota Corolla and recovered a piece of paper with a list of names and dollar amounts next to them. The list included Diggs’ name with the amount of $120 written out next to it.
According to several sources, the victim had a drug addiction problem and used crack-cocaine on a daily basis. Diggs allegedly bought drugs from the defendant, who, in turn, sold drugs out of the victim’s house.
Apparently, Proctor lived with his mother in a government-issued residence.
According to the prosecution, Proctor’s mother was caught him selling drugs to to a woman Diggs was in a relationship with. “You better not be selling drugs inside of my home,” the mother said after she caught the defendant.
The prosecutor also said a witness told the court that Diggs told Proctor that he could no longer sell drugs from his home, either.
But, the defense said there was no hard evidence to prove that Proctor was the person who killed Diggs.
“My client, Gary Proctor, is not guilty,” defense attorney, Steven Kiersh, said.
Furthermore, Kiersh said that the only eyewitness in the case is the victim himself. Kiersh said the prosecution was relying on the alleged declaration that a dying man supposedly made through a phone call.
According to the victim’s sister, Diggs called her after he was shot and said “Little Gary” shot him.
The Metropolitan Police Department is investigating a fatal shooting that occurred on the 1300 block of Savannah Street, SE.
According to a press release, after arriving on the crime scene, officers located 26- year-old Anthony Hooks suffering from multiple gunshot wounds on July 30. DC Fire and Emergency Service determined he showed no signs of life and 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 is asked to call the police at 202-727-9099. Anonymous information may also be submitted to the department’s Text Tip Line – 50411.
After nearly two weeks of murder trial, the prosecution and the defense rested their cases.
Gary Proctor, 41, was indicted by a Grand Jury in 2016 on charges of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome Diggs on July 27, 2015, on the 1300 block of First Street, SW.
The prosecution rested its case after questioning the lead detective about a phone that was recovered from the murder defendant when he was arrested. Apparently, Proctor exchanged the phone he had with him during the murder with a new phone the day after the murder.
Proctor’s defense attorney, Steven Kiersh, said he and Proctor made the tactical decision not to call any of the witnesses who were on subpoena. Kiersh did not explain the defense’s reasoning for doing so.
Proctor also made the choice not to testify. Kiersh renewed his motion for DC Superior Court Judge Danya Dayson to find Proctor not guilty of the charges. The Judge did not make a decision on the acquittal.
Closing arguments are scheduled to be made July 31. The jury is expected to begin deliberations after.
Officers from the Metropolitan Police Department arrested a man July 29 who they believe is connected to a homicide that took place on the same day.
According to a press release, 34-year-old Michael Anthony Grant is charged with second-degree murder for his alleged role in the death of 33-year-old Lucas Alonzo Thomas on the 3100 block of Randle Place, SE.
Thomas was found on July 28 by police with injuries consistent with an assault. Thomas died as a result of his injuries the next day.
This case remains under investigation.
The Metropolitan Police Department is offering a reward of up to $25,000 for information that leads to an arrest and conviction in this homicide or any other homicide in DC. Anyone with information should call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.
On July 25, a preliminary hearing was continued to Aug. 14 due to counsel not finishing arguments about a defendant’s involvement in a murder.
Travis Russell is charged with first-degree murder while armed for allegedly stabbing of 44-year-old Michael Hooker on the 2700 block of Martin Luther King, Jr. Avenue, SE on May 26. Russell, 35, has not been indicted.
During the hearing, counsel questioned one of the detectives on Russell’s case about the details of the investigation.
According to the detective, a verbal dispute occurred between Hooker and Russell on Martin Luther King Jr. Avenue. Russell then went to a men’s shelter where he resided and changed his clothes. In that time, Hooker and a few other individuals walked to the bus stop in front of the Player’s Lounge Bar.
Surveillance video shows a man, who police believe is Russell, walking in the direction of the bus stop with what appears to be a glass bottle in his hand. The man walks out of view of the camera, and walks back in view moments later, without the bottle.
The man is seen walking back into the men’s shelter, where the detective said drops of blood could be seen on the floor. Surveillance video shows the man wrapping his hand with a bandage.
Police recovered shattered pieces of a Corona beer bottle at the crime scene. The detective said shards of glass from the bottle had blood on them. However, DNA testing came back inconclusive, court documents state.
According to an autopsy report from the Office of the Chief Medical Examiner of the District of Columbia, the cause of death was a stab wound to the neck.
Defense attorneys in a co-defendant case said they needed more time to test DNA evidence during a status hearing on July 26.
Gabriel Brown, 30, and Antonio Upshaw, 30, are both charged with first-degree murder while armed for their alleged roles in the murder of 24-year-old Tyrone Johnson. The incident occurred on the 2300 block of Pennsylvania Avenue, SE on March 10, 2017. Upshaw is also charged with robbery while armed with a firearm and possession of a firearm during a crime of violence.
DC Superior Court Judge Todd Edelman said the July 26 hearing was supposed to be a status hearing where the defense would discuss the results of DNA testing and decide what further actions to take.
However, the attorneys said they weren’t ready to conduct the hearing.
Brown’s attorney, Keven Irving, said he was waiting on additional evidence from the prosecution. He said until he gets the material, he can’t make a decision about whether he would test particular items.
According to court documents, officers of the Metropolitan Police Department found Johnson lying in an alley, suffering from multiple gunshot wounds. He was pronounced dead at the hospital later that morning.
During a felony status conference July 30, a DC Superior Court judge scheduled a motions hearing on Aug. 7.
Steven Robin, Antonio or Sean McKenize, Charles Young and Edward Brown are charged with first-degree murder while armed for their alleged involvement in the shooting death of 29-year-old Kenneth Poindexter on the 4700 block of Benning Rd., SE on Jan. 1, 2018. Robin and Young are also charged with possession of a firearm during a crime of violence.
Two motions, including a severance motion, were filed July 25 by Young’s attorney, Ronald Resetarits.
Judge Todd Edelman set a deadline of Aug. 2 for the prosecutor to respond to the motions.
During a preliminary hearing July 9, Judge Edelman released McKenzie, 22, and Brown, 19, to a halfway house. Robin, 23, and Young, 28, remain incarcerated.
According to court documents, a witness told police that Robin said he killed Poindexter. The witness said Young received a phone call from a woman, who was not identified. The woman said someone was trying to break her windows.
The witness said Young told his friends to come with him to go scare whoever was breaking in the window. Apparently, Robin, Young and three other men grabbed their guns and got in the car.
Once the group arrived, there was an argument between the person who was breaking the window and the men in the car. According to court documents, Poindexter was with a friend who ran off when the shooting started.
The witness said Robin did not fire the first shot.
As the men were trying to flee the scene after the shooting, Robin got back out of the car to “finish off” Poindexter, according to the witness.
The witness said Robin finished him off because Poindexter saw who he was and was still breathing.
Court documents state there are four confidential informants in the case. The first placed Robin at the scene of the crime. The second informant told police that Robin killed Poindexter. The third heard Robin talking about the shooting. The fourth placed Robin and Young at the scene.
A status hearing is scheduled on Nov. 15. The case is set for trial in September 2020.
During a trial July 29, defense counsel renewed a motion for a mistrial after a second witness also brought up the defendant’s prior conviction.
Gary Proctor, 41, was indicted by a Grand Jury in 2016 on charges of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs, on July 27, 2015, on the 1300 block of First Street, SW.
While the victim’s girlfriend was on the stand, she said she met Proctor after his release from prison.
After the woman’s testimony, defense attorney Steven Kiersh renewed his motion for a mistrial, claiming that this was the second witness to mention Proctor’s criminal past which is prejudicial towards the defendant.
Judge Danya Dayson denied the motion because even though there was reference to Proctor being in prison, there was no reference to the nature of the offense Proctor was imprisoned for.
Judge Dayson also said she would instruct the jury to not consider Proctor’s previous stint in prison as evidence in the case.
In response to a murder defendant’s disciplinary issues, a judge granted July 25 defense counsel’s request for a mental competency exam.
Bernard Coleman III, 26, is charged with first-degree murder while armed, burglary, robbery while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm with a prior crime of violence for allegedly shooting his father, Bernard Coleman Jr., 43. The shooting occurred on the 4000 block of Cole Boulevard on March 17, 2017.
After deliberating for two days, a jury found a man guilty of two murders.
Devaun Drayton
Terik McLeod was found guilty of second-degree murder while armed for shooting Devaun Drayton, 17, on the 700 block of 26th Street, NE in 2004. McLeod, 33, was also found guilty of first-degree murder while armed with aggravating circumstances for shooting Carlton Fisher, 23, on the 1100 block of 21st Street, NE in 2006. This was the second time McLeod has been tried for the two murders. The first trial resulted in a hung jury after nearly two weeks of jury deliberations.
Carlton Fisher
On July 9, the defense’s witness, a former friend of McLeod, who was present at Drayton’s murder, told the jury he killed the 17 year old over a stolen gun.
The witness said he gave Drayton a gun because he was in a conflict with people from the Trinidad neighborhood in Northeast, DC. Apparently, Drayton was given the gun under the condition that he would return it the next day.
However, Drayton apparently said he lost the gun in a shootout.
The witness said, Drayton broke a “street code” that includes not stealing other people’s belongings. The witness said he was going to sell the gun to McLeod.
Drayton apparently replaced the stolen gun with a .357 Magnum revolver, according to the witness.
According to the prosecution, Drayton was murdered because he stole a gun, lied about it, and didn’t give it back.
A Metropolitan Police Department detective testified that the man who gave Drayton the gun was reluctant to give information to the police. Apparently, the witness told the detective that “Terik” shot Drayton. He also gave the police McLeod’s address.
There was “no doubt in my mind” that McLeod killed Drayton, the witness initially told police.
During closing arguments, the prosecutor told the jury that the witness, who confessed to killing Drayton, was trying to “take the body” for McLeod as retribution for “snitching” on him.
“Taking a body” refers to confessing to a murder that someone else committed in order to boost or repair a damaged reputation.
During the police’s investigation of Drayton’s murder, a detective said Fisher also provided additional information to the 17-year-old’s homicide.
According to the detective, McLeod asked Fisher for .357 caliber bullets days before Drayton’s murder. McLeod also told Fisher that he killed Drayton.
A medical examiner for the Office of the Chief Medical Examiner of the District of Columbia said the bullet that killed Drayton was compatible with a .357 revolver. It is unclear how McLeod came into possession of a .357 revolver.
According to the prosecution, McLeod killed Fisher because he snitched on him.
On the night of Fisher’s murder, there was a block party in Vietnam court, a specific group of buildings on 21st Street, NE. Multiple witnesses said McLeod was seen with another individual, who became a second suspect in Fisher’s murder. The second suspect is now dead.
Fisher had seven gunshot wounds, one in his head and six in his back. The medical examiner, who also performed an autopsy on Drayton’s body, said the gunshot wound on Fisher’s head was in the exact same location as the gunshot wound on Drayton’s head.
DNA testing came back inconclusive on evidence from Fisher’s murder scene.
Firearms evidence also came back inconclusive.
While a firearms expert said the bullets fired were compatible with the murder weapon, he was unable to make a direct link between the bullets and the .357 revolver.
The firearms expert also confirmed that two guns were used in Fisher’s murder. A second gun was not recovered.
McLeod was trying to send a message by killing Fisher. “If you snitch on me, I’m going to kill you on your front porch, with your mother, sister and baby girl inside,” the prosecutor told the jury.
Jury deliberations began on July 24 after more than two weeks of trial.
The Metropolitan Police Department arrested July 27 a man they believe is connected to the death of a man in Southeast, DC.
According to a press release, 22-year-old Delonta Jackson allegedly assaulted 22-year-old Andre Broadie on the 2100 Block of Martin Luther King Jr. Avenue, SE on July 10. Jackson is charged with second-degree murder while armed.
During a preliminary hearing on July 26, a DC Superior Court judge told the prosecution there was probable cause to hold a murder defendant, but the case would fail at trial.
Delonta Daniel, 32, is charged with first-degree murder while armed for allegedly shooting 25 year-old Bernard Jarvis on the 2400 block of 14th Street, NE on June 28. Jarvis, who was a resident of Hyattsville, Md., died on the scene.
Judge Danya Dayson found probable cause to hold Daniel, but said she was “concerned about the level of proof in this case.” Judge Dayson told the prosecution that the defendant would almost certainly be acquitted at trial unless the prosecution brings a much stronger case than the one presented at the preliminary hearing.
Kristin McGough, Daniel’s defense attorney, questioned a Metropolitan Police Department detective about his ability to identify Daniel as the shooter.
The detective said an unnamed witness described the shooter to an officer and the officer believed the description fit Daniel.
When the defense asked how the suspect was described, the detective said he was described as a heavy-set black man with a beard who was wearing a headband. The detective said the witness did not name Daniel as a suspect. The witness also told the officer that the suspect was from a specific family that was not connected to Daniel.
Judge Dayson found probable cause to hold Daniel on the grounds that the officer interacted with Daniel on several occasions in the past.
However, Judge Dayson also said that she did not know the witness’s knowledge in the case. Judge Dayson said the witness identified someone else, and did not know of Daniel.
Judge Dayson also said the officer, who identified Daniel, did so without looking at video recordings of the crime. Apparently, the officer also failed to present the witness with an image of the defendant.
Daniel is scheduled for a felony status conference on Sept. 11.
