Judge Delays Final Ruling on Murder Defendant’s Detention Status

During a continued detention hearing July 26, a judge decided to delay her decision in order to review the arguments presented.

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 two counts of possession of a firearm during a crime of violence and assault with intent to kill while armed.

Defense attorney, Eugene Ohm, continued arguments for a motion to place Gibson in a halfway house while he awaits trial. The hearing has been ongoing for nine months.

According to court documents, Day-Baker and his brother, had gotten into a physical altercation with Gibson. After the altercation, as the brothers began to walk away, Gibson fired several shots, striking Day-Baker.

Defense counsel cross-examined the lead detective, arguing that Gibson had only killed Day-Baker because he thought Day-Baker was reaching for a knife.

The detective said he did not recall that a knife had been recovered from the crime scene.

The prosecution said that the initial series of shots that Gibson fired, one striking Day-Baker in the back, may have been the result of a crime of passion.

The prosecution argued that the second series of shots that Gibson fired should be a contributing factor as to why he should not be released to a halfway house.

D.C. Witness previously reported that DC Superior Court Judge Danya Dayson denied Gibson’s self defense claim during a preliminary hearing on Sept. 20, 2018.

Judge Dayson said the question was not whether or not Gibson had committed the murder but what his intent was.

“To say this is some sort of a mutual fight is not clearly characterizing it,” the judge said in September. “This seems to be a provocation, though the act is not a reasonable response.”

Judge Dayson said she would make her final decision on Aug. 1.

Gibson is set to go to trial on Sept. 9.

Mother Contradicts Son’s Testimony

On July 29, a neighbor of the victim contradicted her son’s statement made in court.

Gary Proctor, 41, is indicted on 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 charges for his alleged involvement in the murder of his cousin, 47-year-old Jerome “Beanie” Diggs in 2015. The crime occurred on the 1300 block of First Street, SW.

Trial started with the mother of the victim’s children testifying.

She said she and Diggs would buy drugs from the defendant.

She also admitted that her relationship with the victim was abusive. In 2000, the year they first met, she said, “he knocked out my teeth.”

A person who was the victim’s neighbor also testified.

The neighbor, who was 18-years-old at the time, said he was smoking marijuana on the day the victim was killed. He denied hearing any sirens or gun shots.

However, the neighbor’s mother told the jury that her son told her that he heard gunshots and saw the defendant run out of the victim’s house.

Trial is scheduled to resume on July 30.

Jury Finds Man Guilty of 2 Murders

After a murder defendant’s first trial ended with a mistrial, a jury convicted him in the second.

A jury found Terik McLeod 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 aggrivating circumstances for shooting Carlton Fisher, 23, on the 1100 block of 21st Street, NE in 2006.

The trial, which began arguments on July 8, lasted for more than two weeks. It took the jury two days to reach a guilty verdict.

McLeod is scheduled to be sentenced on Oct. 25.

Defendant’s Mother Contradicts Grand Jury Statements

During a murder trial, a defendant’s mother’s testimony conflicted with statements she told a Grand Jury in 2015.

Gary Proctor was indicted on several charcges, including 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 allegedly shooting Jerome “Beanie” Diggs, 47. The crime took place on the 1300 block of First Street, SW in 2015. Proctor, 41, is the victim’s cousin.

When the prosecutor asked the defendant’s mother where she was when the victim was shot, she said she was at a store around the corner from her home.

The prosecutor then showed the witness her grand jury statements from 2015, where the mother said she had been at home sleeping when the crime took place.

Even with the transcript in front of her, Proctor’s mother repeated her prior response, saying she was at the Friendly’s store around the corner.

According to court documents, the homicide could have stemmed from a physical confrontation between Proctor, Diggs and a few other family members weeks before the shooting.

Proctor’s trial is scheduled to resume on July 29.

Document: Fifth Arrest Made in January Homicide

The Metropolitan Police Department made a fifth arrest July 26 in connections to a homicide that occurred on Jan. 29.

According to a press release, officers arrested 22-year-old Naquel Henderson for his alleged role in the death of 22-year-old Michael Taylor on the 1700 block of Benning Road, NE. Henderson is charged with first-degree murder while armed.

DC Witness previously reported that Tavist Alston, Carlos Turner, Stephon Evans, and Alonzo Brown have also been arrested in relation to Taylor’s death.

Henderson is scheduled for a preliminary hearing on Aug. 6.

Witness Corroborates Prosecution’s Theory in Murder Case

During a murder defendant’s trial on July 25, a witness corroborated the prosecution’s theory that a victim could have called someone on the phone moments after being shot.

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.

The prosecution called a former medical examiner with the Chief Medical Examiner’s office of the District of Columbia as an expert witness. The witness was the one who performed an autopsy on Diggs in 2015.

He described the nature of Diggs’ seven bullet wounds as not being instantly fatal or debilitating.

The witness’s testimony corroborated the prosecution’s theory that Diggs could have called someone on the phone after he had been shot.

The witness said that, even with the seven gunshot wounds, Diggs would still have had the ability to crawl to a phone and call someone. The witness said that even though there were seven wounds, only one of them damaged Diggs’ right lung and liver.

D.C. Witness previously reported that Diggs called his sister and told her that their cousin shot him.

As part of the prosecution’s case, Diggs’ daughter also testified about Proctor selling her father drugs on multiple occasions in their house.

The daughter said she witnessed approximately three arguments occur between Diggs and Proctor in the months before Diggs’ death.

The witness described one argument in particular, which occurred at a family cookout a couple weeks before the murder. Apparently, during the cookout, Proctor, Proctor’s father, and another man engaged in a physical altercation with some of the witness’s family members, including her father.

The trial is scheduled to continue on July 29.

Document: Homicide on 50th Street, NE

The Metropolitan Police Department is investigating a fatal shooting that occurred on the 300 block of 50th Street, NE.

According to a press release, upon arriving on the crime scene, officers located 37- year-old Francis Savoy, inside of a vehicle, suffering from multiple gunshot wounds on July 26. 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.

According to D.C. Witness data, there have been 78 gun-related homicides in the District in 2019.

Judge Reschedules Prelim Hearing Due to Witness Emergency

A judge agreed July 26 to reschedule a preliminary hearing to Aug. 21 after a witness was unable to make it to court.

Demetrius Void is charged with first-degree murder while armed for his alleged role in the death of 24-year-old Anthony Daniel Lawson on the 6200 Block of Eastern Avenue, NE in Sept. 2018.

During the hearing, the prosecution said a witness, who was a detective on the case, had an emergency and had to leave the district.

Defense counsel agreed to reschedule the hearing as long as the prosecution agreed to not indictment Void, 32, until the newly rescheduled date.

There were no objections from the prosecution.

Judge Adds Lawyer to Murder Defendant’s Legal Team

A DC Superior Court judge granted the defense’s motion to add another lawyer to a murder defendant’s legal team during a status hearing on July 26.

Clinton Womack is charged with first-degree murder while armed for allegedly shooting 45-year-old Terry Crutchfield on the 1500 block of Olive Street, NE in 2016. Womack, 30, is also charged with first-degree burglary while armed and possession of a firearm during a crime of violence.

Womack’s attorney, Steven R. Kiersh, previously filed a motion to add another counselor. Judge Todd Edelman granted the motion and appointed Liz Weller as co-counsel for Womack.

Kiersh was appointed as Womack’s attorney back in January after Womack’s former attorney, Lee Goebs, requested to withdraw from the case.

According to court documents, officers from the Metropolitan Police Department found Crutchfield suffering from gunshot wounds. He was pronounced dead on the scene.

During the police investigation, it appeared that Womack and another man attempted to rob Crutchfield, which resulted in Crutchfield being shot. A witness, who was at the scene, identified Womack as the shooter.

A trial readiness hearing is scheduled on Nov. 22. The case is expected to go to trial in April of 2020.

City Officials Plan to Toughen Up on Gun Trafficking

During a press conference July 25, city officials made a promise to fully prosecute those who are caught with illegally obtained firearms after the death of an 11-year-old boy.

ATF Washington Field Division Special Agent Ashan Benedict was joined by Metropolitan Police Department Chief of Police Peter Newsham, United States Attorney for the District of Columbia Jessie Liu, United States Attorney for the Eastern District of Virginia Zachary Terwilliger and District of Columbia Mayor Muriel Bowser for a press conference to announce their partnership to remove illegal guns from Washington, DC.

Chief Newsham said that more than 1,000 guns had been recovered in 2019. However, that does not dispute the fact that, of the 98 homicides in D.C. in 2019, a gun was the murder weapon in 77 of those cases, according to D.C. Witness data.

Terwilliger said the plan would be to trace where every gun comes from.

However, Virginia law does not require firearms dealers to obtain a state license and also does not require a background check on the purchaser of a firearm when the seller is not licensed, according to Giffords Law Center, a policy organization dedicated to researching, writing, enacting, and defending proven laws and program.

Terwilliger said homicides in the Eastern District of Virginia decreased by 14 percent this year. But, according to Mayor Bowser’s administration, 35 percent of illegal guns in D.C. are coming from Virginia.

According to the Virginia State Police, firearms registration is not required for the purchase of guns.

City officials are now asking for help from civilians to get more guns off the street.

“I have to believe there are family members, there are friends, there are employers that know people are making runs over to Virginia to try to get guns,” said Attorney Terwilliger “Please speak up, please speak up…we do need your help.”

MPD is offering up to a $2500 reward for a tip leading to an arrest and seizure of an illegal gun.

3 Murder Defendants Waive Right to Test DNA

Three homicide defendants waived their rights to independent DNA testing on July 24.

Co-defendants Marcus Martin, Marc Butler and William Cunningham are charged with felony murder while armed, assault with intent to kill, conspiracy, attempted robbery and firearms offenses, for their alleged roles in the shooting death of 19-year-old Derryk Johnson on the 600 block of N Street, NW in 2016. It is believed they murdered Johnson during a robbery.

Martin’s defense attorney, Dana Page, also filed a motion for reconsideration and modification of detention.

Page told the judge last August that her client had been held in solitary confinement since he has been at DC Jail. It is unclear if the issue was ever resolved.

DC Superior Court Judge Craig Iscoe suspended judgement on the motion and gave the prosecution until Aug. 5 to respond.

Butler’s attorney, Dorsey Jones, told Judge Iscoe that his client has been detained since 2016. Jones said it is not constitutional for him to be held until his trial in 2020. As of July 24, Butler and his two co-defendants are being held without bail.

The defense requested all remaining evidence and Grand Jury testimony. The prosecution said they could not turn over the material until a protective order is filed.

Another status hearing for the co-defendants is scheduled on Nov. 22. A trial is set to begin on March 2, 2020.

Judge Continues Murder Defendant’s Hearing

A DC Superior Court judge continues a detention hearing because defense counsel did not finish questioning a witness about his investigation.

Cornell Holton is charged with felony murder and first-degree cruelty to children for his alleged involvement in the death of his three-month-old daughter Skylar Newman. The events leading to her death occurred in the family home on the 4300 block of G Street, SE earlier this year.

Defense counsel, John Fowler, said a homicide detective’s testimony would help his argument for Holton’s release. After a closed bench conference, Judge Craig Iscoe said the proof showed a “good faith basis to question the witness.”

Judge Iscoe allocated some time in his court schedule to hear the detective’s testimony.

Fowler asked questions about previous injuries the infant sustained and the infant’s medical history. He also asked the witness about the set-up of the house and the hard-wood flooring in various rooms.

However, Fowler, who was trying to poke holes in the detective’s affidavit of the crime, could not finish questioning the witness in the time allocated by the judge.

“I have been more than indulgent,” Judge Iscoe said. “Most judges wouldn’t put up with this.”

According to court documents, the infant was brought to Children’s National Medical Center on March 16 where a doctor concluded that she was suffering from blunt force trauma injuries. She was pronounced brain dead on March 19.

Holton’s detention hearing is scheduled to continue on Aug. 20. He is being held without bail.

Defense Attorney Misses Deadline, Judge Postpones Hearing

A DC Superior judge decided July 24 to postpone a detention hearing to allow time for the prosecution to respond to a motion the defense filed past its deadline.

Eric Smith is charged with first-degree murder while armed for his alleged involvement in a drive-by shooting. He is also charged with possession of a firearm during a crime of violence, assault with intent to kill against a minor, assault with intent to kill while armed, aggravated assault knowingly while armed, assault with significant bodily injury and unauthorized use of a vehicle for his alleged role in the death of 38-year-old Rondell Wills on the 200 block of 50th Street, NE on May 3, 2018.

When the motion to reconsider release was filed, the prosecutor said he was out of town and hasn’t had time to review and respond to the motion. He requested a continuance.

During a hearing on June 24, DC Superior Court Judge Craig Iscoe gave the defense a deadline to file a motion to reconsider release by June 28.

Apparently, the prosecution had given defense counsel, Blase Kearney, new evidence that was not disclosed in open court. Kearney said the evidence puts him in a position to argue for Smith’s release.

Kearney did not meet the deadline for the motion. Instead, he filed the motion on July 9.

“It seems reasonable to grant time to respond,” Judge Iscoe said.

Smith’s next detention hearing is scheduled on Aug. 13.

Kearney also told the judge that he will no longer work with the District of Columbia Public Defender Service. Smith will be assigned new counsel at his next hearing.

Victim Named His Killer Moments After Being Shot, Witness Says

During a murder trial July 24, the sister of a murder victim told a jury that he called her after being shot. She said the victim named the defendant as his killer.

In 2016, a Grand Jury indicted Gary Proctor, 41, on charges for 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 murder of his cousin, 47-year-old Jerome “Beanie” Diggs in 2015. The crime occurred on the 1300 block of First Street, SW.

According to the witness, her and Diggs spoke multiple times a day.

However, on the day of his murder, she said she had not heard from him all day. She said that as she went to call Diggs when she realized her phone was ringing. It was Diggs.

The witness said Diggs said his cousin, Gary Proctor, had shot him four to five times.

He said he wanted her to know because he, “felt like he wasn’t going to make it,” the witness told the jury.

The witness said she was working when she received the phone call from Diggs and couldn’t leave work at that time, but she did call the police.

The trial is scheduled to continue July 25.

Murder Defendant Pleads Guilty to Accessory After the Fact

A murder defendant pleaded guilty to accessory after the fact to a simple assault for his part in a homicide in Northwest, DC.

Demetrius Brandon was initially charged with first-degree murder for his involvement in the death of 38-year-old Marcus Manor on the 2900 block of Sherman Avenue, NW on Oct. 20, 2015.

During a status hearing on July 19, DC Superior Court Judge Ronna Beck sentenced Brandon to time served after accepting his plea.

On March 8, 2018, Brandon, 31, was found not guilty of first-degree murder and possession of a firearm, but an unanimous decision on the accessory after the fact to assault with the intent to kill charge was not reached. A mistrial was declared on March 12, 2018.

According to court documents, Brandon picked up Kevin Chase after Chase shot Manor, who was sitting in his vehicle across the street from Chase’s sister’s apartment. Apparently, Manor and Chase’s sister were involved in an abusive relationship.

D.C. Witness previously reported that surveillance videos from the Metropolitan Police Department and private businesses captured Chase running down the street and getting into Brandon’s car immediately after the shooting. The prosecution said Brandon and Chase planned the shooting.

On Dec. 14, 2018, Chase, 32, pleaded guilty to voluntary manslaughter while armed for the shooting. He was sentenced to 6.5 years in prison.

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