Attacking Mental Health Won’t Make A Strong Appeal

On the first day of an appeal of a 2010 murder trial, defense counsel addressed the jury and teased portions of their case strategy, including divulging the mental health status of an eyewitness.

In 2012, Anthony Waters was convicted of first-degree murder while armed and two related gun charges for the shooting death of 51-year-old Derrick Harris in Southeast DC. Waters was sentenced to life in prison.

During opening arguments, Waters defense attorney acknowledged that an eyewitness, who alleges she saw the murder from her apartment, was diagnosed with bipolar disorder, a brain disorder that affects mood shifts and energy levels, and schizophrenia, a severe mental health disorder that affects the way someone thinks, feels and behaves.

Apparently, at the time of the murder, the witness wasn’t taking medication for either diagnosis, according to the defense. It is unclear why the witness was not taking medication at the time.

While it’s not uncommon for a defense attorney to taint the reputation or “believability” of witnesses presented by the prosecution, there may be a cause of concern as to how the defense pursued this line of attack.

First, mental health is a serious issue throughout the District of Columbia and, to be frank, the nation. There are people that struggle with mental illness and don’t seek help for various reasons, including fear and being stigmatized as “less than,” according to Bipolar Burble, a blog about mental illness.

And the defense followed suit, calling the witness a “seriously flawed” person — equating her to her diagnosis, which feeds into the stereotype. It’s unclear, at this point, whether or not her diagnosis impacted her perspective on the day of the murder.

Mental health carries enough discrimination in society and legal counsel should not exploit it.

If the defense has any intention of clearing Water’s name, especially on the appeal, they should find something substantial to back their assertion of innocence and shy away from throwing cheap shots at a witness’s mental health.

Click here for articles related to Waters’ case

Judge Denies Motion to Remove Teen from Juvenile Detention Facility

During a status hearing, prosecutors argued in favor of placing a 17-year-old murder defendant in the DC jail, regardless of legislation that mandates otherwise.

Dajuan Jones is charged with first-degree murder while armed for allegedly shooting 26-year-old Cheyenne Washington on the 4400 block of E Street, SE in July.

According to court documents, prior to the shooting, surveillance video from a Washington Metropolitan Transit Authority bus shows Jones exiting a bus at the same stop as the decedent. Both Jones and Washington are seen walking in the same direction.

An eyewitness told police the shooter was a black male wearing a white t-shirt and something dark on or around his head. According to court documents, the witness’s description matches Jones’ appearance in the footage.

Jones is being charged as an adult.

In court Oct. 10, Jones’ defense attorney, Emily Stirba, argued in favor of her client remaining at New Beginnings, a Maryland-based juvenile youth detention facility. The attorney’s argument was based on the enactment of the Comprehensive Youth Justice Amendment Act of 2016 that mandates that all juveniles, regardless of crime, be held in youth detention facilities instead of adult jails. The amendment went into effect on Oct. 1.

But, the prosecution argued that the amendment does not include youth charged as adults.

DC Superior Court Judge Judith Bartnoff denied the prosecution’s request to have Jones placed at the DC Jail, noting that the language of the law defines a juvenile as any person under the age of 18 with no mention of their charge.

Jones will remain at New Beginnings for the foreseeable future; however, the prosecution said they plan to motion for his transfer to DC Jail again. Jones will turn 18 on Oct. 31.

Jones is scheduled for a felony status conference on Jan. 18, 2019.

Jury Finds Defendant Guilty of Murder

Hours after counsel delivered closing arguments, a jury found a murder defendant guilty of first-degree murder while armed.

Babajide Pittman killed Anthony Young on the 600 block of L Street, SE in 2016. He was originally charged with second-degree murder while armed.

Pittman, 31, was also found guilty of assault with the intent to kill, aggravated assault knowingly while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction.

During closing statements, Pittman’s attorney, Anthony Matthews, emphasized that Pittman acted in self-defense. He noted that both Young and Pittman were carrying guns on the day of the murder and said Young wanted to confront Pittman.

But, the prosecution mocked the defense’s theory, saying Young did not want to confront the defendant, referencing the decedent’s last words, “Don’t call me again; I don’t want anything to do with what y’all got going on,” which indicated that he did not want to be involved in anything the couple had going on.

Closing statements concluded on Oct. 3, a week and a half after the trial began on Sept. 24.

During the trial, the defense made multiple unsuccessful requests for a mistrial.

According to the defense, the defendant’s ex-wife tainted the jury because she disclosed Pittman’s previous incarceration. The judge specifically told her that she could not mention any previous jail time the defendant served. The defense said the jury’s objectivity was compromised because of emotional outbursts from Young’s family.

“Late in the afternoon, I noticed two different times the jury did react to what was going on in the audience … Almost every juror turned around and witnessed that,” DC Superior Court judge Danya Dayson said. However, Judge Dayson said she could not justify having a mistrial solely for those reasons.

The defense also motioned for a mistrial because none of the witnesses could identify Pittman as the shooter.

Case Details

On the day of the murder, Pittman and Young were talking at the intersection of 7th and L Street, SE. Moments later, as Young was entering his girlfriend’s car, she said she heard gunshots. She said she began to move the car forward but then realized that she had been shot in the leg.

According to the defendant, the confrontation between the men began when Pittman’s ex-wife accused him of statements he allegedly told a doctor regarding a medical procedure. Young apparently overheard Pittman’s conversation with the doctor and told the ex-wife.

Surveillance footage captured Pittman pacing and allegedly waiting for Young minutes before the homicide. Footage also captured Pittman shooting at Young eight times, pausing briefly, and then shooting at him four more times.

“I just shot until he stopped moving,” Pittman told the jury.

Pittman said when Young opened the passenger door of the vehicle, he thought Young was reaching for a gun. A witness for the defense told the jury that Young was involved in an unrelated shooting between warring neighborhoods in 2015.

Pittman fled the scene after the shooting.

Pittman is scheduled to be sentenced on Dec. 13.

Murder Defendants Plead Not Guilty

Approximately one year after a 27-year-old man was murdered in the northeast quadrant of the District of Columbia, the defendants pleaded not guilty Oct. 10 after a judge read charges for their alleged roles in the homicide.

Markale Moore and Tyrone Harris are charged with first-degree murder while armed for allegedly shooting Arthur Thompkins on the 5400 block of Hunt Place, NE. Moore, 29, and Harris, 30, are also charged with possession of a firearm during a crime of violence and unlawful possession of a firearm during a crime of violence.

Harris also faces an assault with a dangerous weapon charge.

According to court documents, Thompkins, whose manner of death was determined to be multiple gunshot wounds, sustained 10 shots to the head, back and abdomen.

Police found Thompkins in the driver’s seat of a black Ford F-150 pickup truck, according to the documents.

Apparently, Moore and Thompkins had an argument earlier that same day, which, according to the documents, was about money and a woman. Witnesses reported that Moore shot Thompkins and Harris drove the getaway car. A witness also reported that Thompkins was armed because he was concerned for his safety.

Moore and Harris are currently being held without bond.

The co-defendants are scheduled for a status hearing on Dec. 3.

Follow D.C. Witness for further updates on the case.

Document: Police Arrest Suspect for September Homicide

The Metropolitan Police Department arrested Oct. 10 Terrell Anthony Stephenson for the murder of Ervin Eugene Watkins on Sept. 23.

Stephenson, 26, is charged with first-degree murder while armed (premeditated). The suspect was apprehended five days after an arrest warrant was issued, according to DC Courts.

According to a press release, Stephenson allegedly shot Watkins, 28, multiple times on the 1400 Block of Howard Road, SE. Watkins succumbed to his injuries at a local hospital.

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

Document: Homicides in DC

The Metropolitan Police Department is currently investigating four homicides that occurred from Oct. 6-9.

According to press releases, On Oct. 9, two people were shot on the1600 block of Montana Avenue, NE. Robert Merritt, 26, was pronounced dead at a local hospital. The woman is in a critical but stable condition.

Two days before, 30-year-old Jean-Claude Jackson was fatally stabbed on the 1300 block of Good Hope Road, SE. He was pronounced dead at a local hospital.

On Oct. 6, police located 21-year-old Avery Anderson suffering from multiple gunshot wounds on the 4600 block of Benning Road, SE. He died on the scene. Officers also located 26 year-old Marquis Jones suffering from multiple gunshot wounds on the 2000 block of Martin Luther King Jr. Avenue, SE.He also died on the scene. The two cases are not related.

Police have not made any arrests in the cases.

Even though police were not able to arrest any suspect for homicides that occurred since Saturday, officers did arrest a suspect Oct. 5 for the fatal shooting of 32-year-old Walter Leon Baylor on the 300 block of 15th Street, NE earlier that same day.

Police charged 25-year-old Rodney Wayne Kinard with second-degree murder while armed. Kinard is scheduled for a preliminary hearing on Oct. 22.

Judge Sentences Convicted Murderers to 40 Years in Prison

Three murder defendants received decades-long sentences for their roles in the fatal stabbing of a man in the northeast quadrant of the District of Columbia.

Co-defendants Charles McRae, Willie Glover, and Joseph Barbour were convicted of felony murder while armed under aggravated circumstances for their roles in robbing and stabbing 50-year-old Lenard Wills in an apartment on the 700 block of 24th Street, NE in 2015.

Barbour, 38, received 40 years in prison, while Glover, 40, was sentenced to 38 years and McRae, 66, was sentenced to 38 and a half years. Following their release, Barbour, McRae, and Glover are required to serve five years on supervised release.

“When you took a life, you didn’t bring one back,” Wills’ mother told the court during her impact statement. “I pray for you all and your family.” She said that the crime was done because of greed, jealousy, and hatred and that she wanted the men to get the maximum sentence allowed.

The trio was also convicted of possession of a firearm during a crime of violence, burglary one while armed, attempt to commit robbery while armed, assault with intent to commit robbery while armed, and assault with a dangerous weapon, simple assault and unlawful possession of a firearm with a prior conviction.

“The last thing I said to my dad was ‘I’ll talk to you tomorrow,’ but tomorrow never came for him,” Wills’ daughter told the judge.

According to court documents, a witness said the decedent had an argument with McRae prior to the homicide. Soon after the argument, a witness saw the suspects enter and subsequently hit the decedent with their guns. A medical examiner confirmed the cause of Wills’ death was multiple stab wounds to the torso. The examiner also found blunt-force injuries on Wills’ head and face.

Judge Releases Woman in 2017 Vehicular Homicide

During an arraignment Oct. 3, a District of Columbia Magistrate judge ordered a woman be released on personal recognizance.

Terica Younger is charged with second-degree murder for her alleged involvement in the death of 43-year-old Talata Williams on the 2400 block of Good Hope Road, SE in 2017.

According to court documents, Younger was operating a motor vehicle while under the influence of multiple drugs.

Court documents also state that multiple witnesses saw a Dodge pickup truck, the vehicle Younger, 41, was operating, crash into a Honda Accord, the vehicle Williams was in. Williams, 43, was pronounced dead on the scene.

While Younger was receiving care at a local hospital, officers learned that her blood alcohol level was above the legal limit. Furthermore, her blood tested positive for fentanyl, a narcotic.

During the arraignment, Younger’s defense attorney, Madalyn Harvey, didn’t argue against the probable cause finding. However, she did note that the District Attorney’s office brought charges more than a year after the incident. According to DC Courts, an arrest warrant was filed on Oct. 2.

Harvey requested her client be released, saying Younger has a stable home.

The prosecution argued in favor of placing Younger on the Heightened Supervision Program and said Younger was “erratic” and had been “drinking while driving” on the night of the car crash. According to the prosecution, Younger has an “issue with alcohol and probably other drugs.”

Prior to her ruling, Judge Heide Herrmann said she was “a little concerned” and noted that Younger failed to report for drug testing that was mandated by provisions in an unrelated case.

Judge Herrmann released Younger on the basis that she report for drug testing and enter into a treatment program.

Even though Judge Hermann released Younger in the murder case, she is still being held on a cash bond in an unrelated case.

Younger is scheduled for a preliminary hearing on Oct. 26.

Judge Holds Teenager Without Bond

A District of Columbia Magistrate judge found probable cause and ordered Oct. 4 a teenager held without bond.

Jamal Blocker is charged with first-degree murder while armed for allegedly shooting 23-year-old Damon Dickens on the 2500 block of Bowen Road, SE in September.

Judge Heide Herrmann said her decision stems from a pending gun possession charge, among other charges, for an unrelated case in Prince George’s County, Md.

According to court documents, Dickens, 23, and an unidentified person were walking on Bowen Road headed to the store when a group of five individuals started walking toward them. One of the individuals allegedly pulled out a gun and opened fire. Apparently, Dickens was struck in the chest.

The unidentified person told detectives at the Metropolitan Police Department that Blocker, 17, was the shooter. It is unknown if police have identified or located the other individuals with Blocker.

During an arraignment, an attorney on behalf of Blocker made no arguments against the probable cause finding nor did she argue for his release.

Blocker is scheduled for a preliminary hearing on Oct. 23.

Teen Charged as Adult in July Shooting

A judge found probable cause and ordered a teenager held without bond Oct.4 for his alleged involvement in a summer homicide.

Dajuan Jones, 17, is charged with first-degree murder while armed for allegedly shooting Cheyenne Washington on the 4400 block of E Street, SE on July 18.

Part of the evidence collected in the case is of surveillance footage from a Metropolitan Bus and from a camera at the Benning Heights Cooperative apartment complex. A detective with the Metropolitan Police Department said the videos were consistent with the time of the murder. The videos show all of the parties involved.

Videos from the bus captured Jones boarding with friends. Washington, 26, is seen boarding minutes later. Minutes before the shooting, Washington is seen exiting the bus. Jones and a friend also exit. All of the men seem to walk in the same direction.

According to the detective, a weapon was not located, but the camera footage depicts that Jones had a bulge in his pants when exiting the bus.

No one can identify Jones as the shooter, the detective told DC Superior Court Judge Judith Bartnoff.

Jones is scheduled for a felony status conference on Oct. 10.

Jury Convicts Murder Defendant for 2016 Homicide

After a nearly two week trial, a jury found a murder defendant guilty Oct. 3, hours after counsel delivered closing arguments.

Babajide Pittman was convicted of first-degree murder while armed, assault with intent to kill while armed and related firearm charges for shooting 27-year-old Anthony Young on the 600 block of L Street, SE in 2016.

According to court documents, the men met near 7th and L Street, SE. After an argument, Pittman, 31, opened fire, hitting the decedent eight times. Young’s girlfriend was also struck in the leg.

During closing statements, the defense reiterated that Pittman acted in self-defense. Pittman’s attorney, Anthony Matthews, noted that both Young and Pittman were carrying guns on the day of the murder. According to Matthews, Young was carrying a gun because he wanted to confront Pittman.

Matthews said Pittman saw the decedent pulling out a gun when his back was turned, noting that Young could not have been entering the car based on the position of his body. However, according to court documents, a witness said the decedent was entering the car.

Apparently, Pittman fled the scene. According to Matthews, it was “human nature” for Pittman to run because he did not want to get caught.

Following the defense’s closing arguments, the prosecution addressed the jury and said, “Talk about a fairytale.”

The prosecution argued that Young was not trying to confront the defendant and instead wanted to leave. “Don’t call me again; I don’t want anything to do with what y’all got going on,” the prosecutor said recounting the decedent’s last words.

The prosecution emphasized Pittman’s lack of remorse because he fled the crime scene right away and changed his appearance following the shooting.

“Guilty people run away; innocent people stay,” the prosecution said.

Murder Defendant Pleads Guilty to Barcode Stabbing

During a status hearing Oct. 3, a murder defendant pleaded guilty to fatally stabbing one man and injuring another at a nightclub in downtown Washington, DC.

Antoine Byrd pleaded guilty to voluntary manslaughter while armed and assault with a dangerous weapon for the stabbing death of 29-year-old Robinson Pal at Barcode, a club located on the 1100 block of 17th Street, NW, in 2016.

The prosecution said Byrd, 38, threatened Pal before the stabbing. “I’m going to kill you,” the prosecution said Byrd told Pal. The prosecution also noted that, during the fight, Byrd stabbed another man in his thumb.

According to the prosecution, Metropolitan Police Department officers found Pal lying on the floor suffering from an apparent stab wound to the chest. They also found a bloody knife lying on the floor near the decedent’s body.

Byrd was originally charged with first-degree murder while armed, assault with intent to kill while armed and aggravated assault while armed. Per the agreement, the prosecution agreed to drop Byrd’s first-degree murder charge and the additional assault charge. Byrd could serve 10-13 years in prison if DC Superior Court Judge Craig Iscoe accepts the plea.

Byrd is scheduled to be sentenced on Jan. 11, 2019.

Murder Trial: Witness Confirms Decedent’s Involvement in 2015 Shooting

During a murder trial Oct. 2, a witness for the defense testified about an earlier shooting that involved him and the decedent.

The witness told the jury that Anthony Young was allegedly involved in an unrelated shootout between two warring neighborhoods on the 2600 block of Douglass Place, SE in 2015.

Babajide Pittman, 32, is charged with second-degree murder while armed for allegedly shooting Young, 27, on the 600 block of L Street, SE nearly a year later. Pittman’s defense team said their client thought Young was going to kill him.

Apparently, Pittman’s ex-wife told him that Young was involved in the unrelated shooting.

The witness, who is currently incarcerated, said the shootout occurred between members of the Washington View and Oxford Manor neighborhoods at an Independence Day barbeque. He said there was “bad blood” between members of the neighborhoods. The “bad blood” apparently came from a conflict in a dice game.

“We knew there was a great possibility something would go down,” the witness said.

The witness said members of the Washington View neighborhood beat up one of the Oxford Manor neighborhood members and took his money.

Counsel expects to proceed with closing statements on Oct. 3.

Follow D.C. Witness for updates regarding the case.

Prosecution Argues Decedent Was A “Marked Man”

During opening arguments in a murder trial, the prosecution said that neighborhood rhetoric toward “snitches” made the decedent a “marked man.”

The defendant, Anthony Waters is charged with first-degree murder while armed and related gun charges for the fatal shooting of 37-year-old Derrick Harris on the 2600 block of Birney Place, SE in 2010.

On Oct. 2, the prosecution informed a 16-member jury that Waters and Harris, 51, were both from the Parkchester neighborhood in Southeast DC. She also noted that Harris testified against Waters’ best friend in a 1988 murder trial. According to the prosecution, people in the neighborhood do not favor people who are “hot” or a “snitch.”

Apparently, Harris stayed away from the neighborhood until the day he was murdered. According to Harris’ wife, who testified after opening arguments, Harris was in the neighborhood helping a friend move a table.

When Harris was in the neighborhood Waters confronted him, punched him in the face and told him “I bet not see you when I get back or I’m going to kill you,” according to the prosecution. A short while later a man in a white tank top and tan shorts wearing a black ski mask confronted Harris and shot him once in the head and five times in the back.

The prosecution said three witnesses saw the murder from their apartment. Apparently, one witness said the shooter walked around the corner and took off his mask. The witness identified the shooter as Waters.

The defense argued that the three eye-witnesses are “seriously flawed persons,” citing that all three were avid drug users. Also, the defense said one of the witnesses was diagnosed with schizophrenia and bipolar disorder and was not taking medicine for either diagnosis at the time of the murder.

The defense said Waters couldn’t have committed the murder because he could account for his whereabouts. According to the defense, at the time of the murder Waters was on Wade Road, a short distance from where the murder occurred.

The trial is scheduled to resume Oct. 3.

Homicides Up 100+ Percent in September

August reflected a low number of homicides in the District of Columbia, suggesting that maybe the Metropolitan Police Department finally initiated a homicide prevention solution that worked. But, the sense of security was short-lived as September more than doubled the number of murders in August.

According to D.C. Witness data, there was a 125 percent increase in homicides from eight in August to 18 in September.

September’s deadly trend also included a deadly transition to fall with six people murdered during the weekend summer ended.

The most profiled homicide cases of the month, included Wendy Karina Martinez, a 35-year-old woman who was fatally stabbed Sept. 18 when she went for a jog around her Logan Circle neighborhood in Northwest DC. Police arrested 23-year-old Anthony Crawford the next day and charged him with second-degree murder while armed. Crawford, who is currently in custody at DC Jail, is scheduled for a preliminary hearing on Oct. 11.

Another highly profiled case was of Taquan Pinkney, an 18-year-old who was shot to death on Sept. 9 in the Buena Vista neighborhood in Southeast DC. Police arrested Oct. 1 Elijah Jarmon, 17. He has a preliminary hearing scheduled for Oct. 19.

Other cases included the deaths of 42-year-old William Hayworth; Wilbert Brooks, 27; Kaquan Young, 27; and 13 other individuals.

Altogether, D.C. Witness data shows that police arrested suspects in connection with four homicide cases in September.

Follow D.C. Witness for updates on these cases.

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