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Reviewing the Trial: Murder Defendant Found Not Guilty in 16 Y/O’s Death

After being held for two years, a murder defendant was found not guilty of the murder of a 16-year-old girl.

On Feb. 8, a jury found Saeve Evans not guilty of first-degree murder while armed, possession of a firearm during a crime of violence and obstruction of justice in connection to the death of Breyona McMillian on the 1200 block of I Street, SE in 2016.

However, Evans, 32, was found guilty of unlawful possession of a firearm with a prior conviction.

Throughout a nearly three week trial, the jury heard from several witnesses, including an eyewitness who was standing near McMillian when she was fatally shot.

According to the eyewitness, she was smoking marijuana with McMillian and Evans near the Potomac Gardens parking lot while waiting for a ride. The witness said that she heard multiple gunshots as she was walked to her friend’s car. She said she didn’t see anyone shooting and doesn’t know what direction the bullets came from because she was ducking.

When the shooting ended, the witness said she confronted Evans, who had a micro uzi pistol, and asked if he’d shot McMillian. His response was, “No. They did,” referring to a group of people in a black Nissan that had entered the area.

According to the defense’s theory, Evans opened fire at the vehicle in self-defense after seeing movement in the car. The defense said a shooter in the vehicle shot McMillian.

According to the defense, the shooter in the vehicle was Sean Shuler, also known as “Black Sean.” Apparently, Evans and Shuler, 26, had a longstanding feud. Defense attorney James King said Shuler was convicted of shooting Evans at least sixteen times in 2012.

Shuler was killed on Jan. 26, the weekend before the prosecution wanted him to testify.  

However, the prosecution argued that Evans was the only shooter and that he opened fire out of paranoia. “He was shooting at ghosts,” the prosecutor told the jury.

Apparently, another witness told the jury that Shuler was with him during the time of the murder.

An expert witness also analyzed Shuler’s cellphone records, saying Shuler’s phone was not in the area at the time of the shooting. Even so, the expert noted that cell phone records only show the location of a phone, not a person.

Another expert witness said there was no evidence that a weapon was fired from the vehicle. The car was not tested for gunshot residue.

A ballistics expert noted that there were 16 shell casings found near the scene, which could have indicated that there was more than one shooter. Apparently, some of the shell casings were fired from the same gun, but it’s unclear whether the remaining casings were shot from another gun.

Evans is scheduled to be sentenced for the gun charge on May 3. He is still being held without bond.

Read more about Evans’ trial here.

 

Defense Attorney Says He Plans to Test Evidence in Homicide Case

During a status hearing Feb. 13, a defense attorney said he plans to independently test evidence in the case.

Tavon Davis is charged with first-degree murder while armed and obstruction of justice, among other charges, for his alleged role in the death of 29-year-old Michael Vest on the 1300 block of Trinidad Avenue, NE in 2017.

Davis’ defense attorney, Matthew Davies, said he plans to submit an order detailing the items he wants to test. He didn’t specify the items in court.

Davies also said that Davis, 24, has not decided whether or not he will accept the prosecution’s plea offer. It’s unclear what the parameters of the plea agreement are.

According to court documents, a witness told police Davis confessed to beating Vest with a stick and shooting him five times. Apparently, a day after the murder, when Davis was arrested, police noticed Davis had what appeared to be dried blood on his jeans.

Davis is scheduled for a trial readiness hearing on April 26.

Judge Sentences Teen to Nearly 10 Years for Shooting Girlfriend

A D.C. Superior Court judge sentenced a teenager to nearly 10 years in prison for fatally shooting his 16-year-old girlfriend. According to the defense, the teen was playing with a gun when it “accidentally” went off.

In October, Dekale Bowman pleaded guilty to voluntary manslaughter for his role in the death of 16-year-old Taiyania Thompson on the 2400 block of Elvans Road, SE on Jan. 25, 2018. Per the terms of his plea agreement, Bowman also pleaded guilty to simple assault and possession with the intent to distribute a controlled substance, charges Bowman picked up following Thompson’s death.

Judge Craig Iscoe sentenced Bowman to 9 years and 8 months in prison for the manslaughter charge. Judge Iscoe also sentenced Bowman,19, to one year in prison for the possession charge and six months for assault, which will run concurrently with the manslaughter charge.

While Judge Iscoe acknowledged the defendant’s remorse, he said Bowman’s actions say otherwise. Judge Iscoe noted that following the shooting Bowman fled the scene and failed to call 911. Apparently, Thompson was alive after the shooting but succumbed to her injuries three days later.

Judge Iscoe said that prior to his arrest Bowman was caught selling drugs. In addition, after he was arrested and housed at the Department of Youth Rehabilitative Services, Bowman broke another juvenile’s jaw. Bowman was then transferred to DC Jail.

However, while in custody Bowman was “accidentally released” and failed to turn himself in when he knew he was supposed to be held without bond, Judge Iscoe said. Furthermore, when Bowman was placed back in jail he threw urine at a prison guard, who later pressed charges.

During the hearing, Thompson’s mother addressed the court and said that she watched her daughter die in the same hospital Thompson’s father died in. Apparently, Thompson’s father died before she was born.

The mother reminisced about cooking food for the homeless with her daughter. She said 2017 was the first year she allowed Thompson to hand the food out and how Thompson was excited to do it again the following year but never got the chance to.

“Bowman is a threat to himself and society,” the mother said. “ He needs to be held as long as possible.”

According to the defense, Bowman and Thompson “loved each other in their own young, teenage way.” 

“It was truly an accident,” Bowman said, apologizing to the family. “ I just want to let everyone know I’m sorry.”

Bowman is also required to serve five years additional years on supervised release.

Older Hall Brother Also Says Group Didn’t Target Transgender Women

After his brother testified to planning robberies, another murder defendant told the jury Feb. 11 that he, his brother and two other defendants only planned to commit a robbery. 

Jalonte Little and Monte Johnson are charged with felony murder while armed and robbery while armed, among other offenses, for their alleged roles in the death of 22-year-old Deeniquia Dodds, also known as Gregory Dodds, on the 200 block of Division Street, NE in 2016. Brothers Cyheme Hall and Shareem Hall are also charged in connection to Dodd’s death.

Shareem, 25, said that on the night of the murder he, Cyheme, 23, Johnson, 23, and Little, 28, met near an apartment complex and made a plan to commit a robbery. He said they did not have specific plans to rob transgender women. His story mirrors the story his brother, Cyheme, told the jury on Feb. 6.   

Shareem said the group left the apartment complex that night in a white Pontiac.

Another transgender woman, who was also targeted that night, told the jury Feb. 11 that she was approached by a man who had gotten out of a white Pontiac. She said the man recognized her and made a “harsh comment” about her gender. She also said he lifted his shirt and flashed his gun.

The witness said she kept walking, but she later saw the group of men attacking and robbing her friend. The witness did not identify Johnson or Little as the men she saw that night.

According to the prosecution’s theory, the Hall brothers, Johnson and Little are responsible for a string of robberies that targeted transgender women, which ultimately led to Dodds’ death.

Prosecutors said the Hall brothers entered plea agreements in exchange for their testimony. A plea agreement has not been filed as of Feb. 11.

Shareem is scheduled to continue his testimony on Feb. 12.

Judge Orders Prosecution to Disclose Evidence of Police Misconduct

Nearly a week before a murder defendant is slated to go to trial, a DC Superior Court judge ordered the prosecution to hand over evidence pertaining to police officer misconduct.

El Hadji Alpha Madiou Toure is charged with first-degree murder while armed, first-degree sexual abuse and kidnapping, among other offenses, for his alleged role in the death of 34-year-old Corrina Mehiel on the 600 block of 14th Street, NE in 2017.

Judge Juliet McKenna told the prosecution Feb. 12 to give the defense any reports of bias or misconduct pertaining to officers in the case. Judge McKenna also said the evidence includes information about sustained findings, pending investigations and resolved lawsuits.

Apparently, the prosecution said materials related to “involved” law enforcement were handed over. The prosecutor said there were 25 other officers that were “just present” on the crime scene and that they “didn’t do anything of substance to affect the case.”

However, the defense argued that any evidence of police misconduct could impact the case.

According to court documents, surveillance footage showed Mehiel at her car, which was parked near her apartment. Two hours later, a black male wearing a black hooded sweatshirt and ripped jeans was seen driving away in Mehiel’s car. Over the course of the next five days, the same individual was caught on footage at multiple ATM machines making withdrawals from Mehiel’s account. He allegedly withdrew a total of $4,000.

Toure, 30, is scheduled for a motions hearing on Feb. 14. The trial is scheduled on Feb. 19.

 

Documents: Traffic Fatality on North Capitol Street, NW

The Metropolitan Police Department is investigating a traffic fatality that occurred on the 1500 block of North Capitol Street, NW on Feb. 11.

According to a press release, 56-year-old Troy Sandy Austin was hit by a 2009 BMW X5 around 11:34 p.m. He was transported to an area hospital where he was pronounced dead. The driver remained on the scene.

Anyone with information regarding this incident should contact the police at (202) 727-9099.



Jury Finds Murder Defendant Not Guilty for 16 Year Old’s Death

A man charged with the death of a 16-year-old girl was found not guilty Feb. 8.

A jury found Saeve Evans not guilty of second-degree murder and possession of a firearm during a crime of violence in the shooting death of Breyona McMillian on the 1200 block of I Street, SE in 2016. Evans, 32, was found guilty of unlawful possession of a firearm with a prior conviction.

Apparently, Evans, McMillian and a third person were smoking marijuana when a shootout occurred after a black car, which Evans believed Sean Shuler was in, pulled up. A bullet struck and killed McMillian.

According to the defense, Shuler, 26, and Evans had a long standing feud. James King, Evans’ defense attorney, said Shuler shot Evans at least sixteen times in 2012.

The prosecution claimed that Evans was the only shooter. The prosecution initially scheduled Shuler to testify, but he was killed on Jan. 26, the weekend before he was supposed to take the stand.

Evans is scheduled to be sentenced for the firearm charge on May 3.

Read the entire case on DCWitness.org.

Judge Sets Trial Date in March Homicide

During a hearing Feb. 11, a DC Superior Court judge set a trial date for a man charged with killing a woman nearly half his age.

Robert Wilson Dean, Jr., 60, is charged with first-degree murder while armed for allegedly stabbing 38-year-old Tamiya White on the 1900 Block of 9th Street, NE on March 31, 2018. According to court documents, the murder weapon was a screwdriver.

Judge Ronna Beck scheduled Dean’s trial to begin on Oct. 23. Counsel agreed the trial would last approximately two weeks.

During the hearing, the prosecutor told the judge that she sent the defense discovery over the weekend. She also said she was in the process of conducting DNA testing and that she expects it to be finished by April 12.

The prosecutor didn’t specify what items are being tested.

Dean is scheduled for a status hearing on May 17.

Judge Denies Request for DNA Testing

A judge said prosecutors didn’t provide enough evidence to justify testing evidence for the defendant’s DNA.

Larry Dominique Brown, 33, is charged with second-degree murder while armed with a knife for his alleged role in the death of Derrick Wright on the 1300 block of Florida Avenue, NE on March 24. According to court documents, Wright, 33, was stabbed three times.

During the hearing on Feb. 8, prosecutors requested a DNA test. However, the defense said there was not enough reason for testing because the evidence could not prove that there was any contact between Wright and his assailant. 

DC Superior Court Judge Danya Dayson said the prosecution should continue investigating and work to retrieve DNA from the victim’s fingernails. 

According to court documents, surveillance video captured an altercation between two unknown individuals  near the scene of the crime. Witnesses said a man was seen carrying a thin black object and yelling “I love to kill, I love to kill.”

An unknown informant told police via the text-tip line that Brown was the assailant.

A status hearing is scheduled on April 29. A trial for Brown is set on Nov 18.

Judge Postpones Hearing to Give Defense More Time to Review Evidence

On Feb. 8, a judge rescheduled an Innocence Protection Act (IPA) hearing for a murder defendant because the prosecution had not given evidence to the defense.

Mario Alfaro is charged with first-degree murder while armed and unlawful possession of a firearm for his alleged role in the death of of 22-year-old Jonathan Vilchez on the 5400 block of Georgia Avenue, NW in 2017. Vilchez was found inside a convenience store with multiple gunshot wounds.

During the hearing, a prosecutor said he had not given discovery to the defense because he was preparing for an unrelated trial. To give the defense time to review the evidence, a judge postponed the IPA hearing until Feb. 14.

The prosecution said in a hearing last November that they do not plan on testing any evidence. Because of this, the defendant is given an option for an IPA hearing, which would allow the defendant to independently test evidence.

According to court documents, Alfaro was seen in the store mouthing something to Vilchez when both men pulled out firearms. Vilchez shot Alfaro, who ran away while shooting back at Vilchez.

Upon arrival to the scene, police found a blood trail that led to the murder weapon, which was hidden in a dumpster, and Alfaro, who was suffering from gunshot wounds.

D.C. Witness previously reported that a detective said Alfaro appeared to be in the same gang as Vilchez.

A trial for Alfaro is scheduled on Aug. 19.

Judge Sentences Man to 6 Years for Traffic Fatality

A judge sentenced a murder defendant Feb. 8 to six years following the death of a USA Today journalist.

Daryl G. Alexander, 47, pleaded guilty to voluntary manslaughter for his alleged role in the death of Oren Dorell at the corner of 13th Street and H Street, NE on June 8, 2018. Alexander apparently hit Dorell, who was riding a motorcycle, while driving under the influence of PCP and alcohol.

During the sentencing, DC Superior Court Judge Craig Iscoe said he would agree to follow recommended sentencing guidelines under a plea, which could range between 60 and 72 months.

After hearing victim impact statements and remarks from defense and prosecution, Judge Iscoe determined that 72 months was an appropriate sentence because of Alexander’s previous convictions for driving under the influence. He also cited Alexander’s decision to consume drugs knowing he would have to use a car.

“Your family will be able to see you again, his will not,” Judge Iscoe told Alexander. The courtroom was filled with members of Dorell and Alexander’s families, each seated on opposite sides of the courtroom.

According to court documents, Alexander drove to a Chinese restaurant in Southeast DC and placed a take-out order. He waited in his car, where he consumed alcohol and smoked a cigarette dipped in PCP. Shortly afterwards, Alexander was seen driving down H Street at a high rate of speed, and ran through a red light at an intersection. He ran over Dorell, who was driving a motorcycle at the time.  

Alexander said he blacked out due to drugs and he did not remember driving up H Street. However, court documents said police found Alexander, who was awake but unresponsive, in his car.

Defense Plans to Limit Expert Testimony in Domestic Homicide

During a hearing Feb. 11, a defense attorney said she plans to file a motion to limit the testimony of one of the prosecution’s expert witnesses.

Dianna Lalchan is charged with first-degree murder while armed and a related gun offense for her alleged role in the death of her husband, 36-year-old Christopher Lalchan, on the 1200 block of 4th Street, SW in 2013. According to court documents, the duo had been married for about four years.

Lalchan, 33, is currently released on personal recognizance. Apparently, on the night of the murder, Lalchan told police she was a victim of domestic abuse. However, according to court documents, there are no domestic abuse reports filed.

Defense attorney Maneka Sinha said the prosecution plans to call a forensic psychologist to testify about the effects of Post Traumatic Stress Disorder and battered wife syndrome. Sinha said the psychologist is also expected to discuss whether or not Lalchan was abused.

Sinha didn’t fully explain her objection to the psychologist’s expected testimony. However, she did say the testimony would impact how the jury would perceive Lalchan’s intent at the time of the shooting. Sinha said she plans to file her motion by Feb. 15.

The prosecution is scheduled to file a response by Feb. 26.

Lalchan is scheduled for a status hearing on March 1, when counsel is expected to resolve the motion.

According to court documents, Lalchan told police that she and her husband were arguing. She said her husband placed a gun on the television stand in the living room. Fearing for her safety, Lalchan said she got the weapon and fired three shots. She told police her husband did not physically assault her or threaten her on the night of the murder.

 

Judge Denies Request to Remove Defendant’s GPS Device

During a status hearing, a DC Superior Court judge denied Feb. 8 the defense’s request to remove a murder defendant’s GPS monitoring device. 

Codefendants Victor Carvajal and Mason Binion are charged with first-degree murder while armed for their alleged role in the death of 21-year-old Michael Francis Taylor on the 600 block of Farragut Street, NW in 2008. Joshua Massaquoi is also charged in Taylor’s death. Massaquoi, 31, is currently housed at St. Elizabeth’s hospital, DC’s psychiatric hospital. Carvajal, 32, and Binion, 31, are released under the high intensity supervision program (HISP).

Binion’s defense attorney, Gladys Weatherspoon, said she filed the motion on Feb. 5 because the GPS device was malfunctioning and required additional charging, which impeded on her client’s work life.

However, Judge Todd Edelman said charging issues are not a valid reason for removal.  Judge Edelman also said he would order pretrial services, the organization that oversees HISP, to give Binion a new GPS device.

The prosecution opposed the defense’s request, saying Binion simply wants to get out of a chore, referring to maintaining his GPS monitoring device.

According to court documents, a witness told police that Taylor helped “broker a deal” between a drug dealer and a group of individuals, including Binion, Carvajal and Massaquoi. Apparently, the drug deal was botched and the group paid but never received the marijuana.

Binion told police he supplied the gun and set up the murder. Massaquoi told police Binion shot Taylor and that Carvajal hit Taylor in the head with a rock.

Carvajal and Binion are scheduled for a status hearing on April 4. Massaquoi is scheduled for a status hearing on Feb. 12.

Document: Police Arrest Third Man in January Homicide

The Metropolitan Police Department arrested a third person Feb. 8 in connection to the death of a 22-year-old man.

Carlos Turner is charged with first-degree murder while armed for his alleged role in the death of Michael Taylor on the 1700 block of Benning Road, NE on Jan. 12.

Turner, 20, is being held without bond.

Stephon Evans, 18, and Alonzo Brown, 21, are also charged with first-degree murder while armed for their alleged role in Taylor’s death. The two men are also being held without bond.

Turner, Evans and Brown are scheduled for a preliminary hearing on Feb. 15.



2 8 19 Third Arrest Made in a Homicide 1700 Block of Benning Road, Northeast (Text)

Murder Defendant Pleads Guilty to Stabbing Roommate

During a felony status conference, a murder defendant pleaded guilty to manslaughter. He was initially charged with first-degree murder while armed.

Policarpo Casarrubias-Rodriguez pleaded guilty to voluntary manslaughter while armed for fatally stabbing his roommate, 37-year-old Israel Gomez on the 3100 block of 16th Street, NW on Sept. 9, 2018.

Contingent on the judge’s approval,  Casarrubias-Rodriguez, 44, could be sentenced from 7.5 years to 14 years in prison.

According to court documents, prior to the stabbing, Casarrubias-Rodriguez and Gomez got into a physical altercation stemming from a dispute over a chair. After the fight was over, Casarrubias-Rodriguez got a knife and stabbed Gomez once in the back. D.C. Witness previously reported that a judge said the defendant confessed to the crime after he was arrested.

Casarrubias-Rodriguez is scheduled to be sentenced on April 26.