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Doc Says Mother ‘Not Responsible’ for Infant’s Death

During a trial readiness hearing Nov. 14, defense counsel told the court that a medical report said a mother was “not responsible” for the 2013 homicide of her son.

Lillian Alvarado is charged with first-degree murder and child cruelty in connection to the death of her newborn son, who was found dismembered in an apartment bathtub on the 6400 block of 14th Street, NW.

In the report, a medical professional from St. Elizabeth’s Hospital, DC’s psychiatric hospital, said Alvarado, 26, was not conscious of her actions.

As a result, the prosecution offered a plea agreement, which would allow Alvarado to plead guilty by reason of insanity to second-degree murder. However, the defense objected to the details of the plea, which contradicted the report’s findings, because second-degree murder implies Alvarado was conscious of her actions.

According to court documents, the infant was discovered after neighbors in the apartment below reported bloody water leaking from their ceiling. During the investigation, police found the infant’s legs in a toilet.

The Office of the Chief Medical Examiner reported that the newborn did not display birth defects that contributed to his death. Instead, the medical examiner said liquid was found in the infant’s lungs and there were visible signs of asphyxiation including “red purple markings” on the front and back of the infant’s neck.

DC Superior Court Judge Milton Lee scheduled a status hearing on Nov. 16 and said he expects a decision on the plea at that time.

 

Where Are DC Convicts Being Held?

Washington, DC does not have any federal prisons. Instead, felons of crimes in the District of Columbia are transferred to other states to carry out their sentences. The following article tracks where convicts are sent and whether their placement abides by policy guidelines enacted by the United States Department of Justice (DOJ). 

According to the Federal Bureau of Prisons (BOP), a branch within the DOJ, there is a guideline in the Inmate Security Designation and Custody Classification Program Statement that states that convicts should be placed in prisons that are “reasonably close,” or 500 miles, to their release area; in this case Washington, DC.

From January 2015 to August 2018, 115 felons were sentenced for charges connected to DC homicides, according to D.C.Witness data. 

The BOP reports that 101 of those convicts have been placed at a prison facility or residential reentry center in the United States.

Of that number, more than half are imprisoned inside the 500-mile radius at facilities in West Virginia (48 inmates), Pennsylvania (11 inmates) and North Carolina (7 inmates), including:

The hash marks note where DC convicted felons are being held. DC’s 500-mile radius is identified in purple. Illustration by Thamar Bailey; Map Copyright @ Freevectormaps.com

Other District of Columbia convicts, who are also placed within the 500-mile radius, reside at facilities, including:

Although the BOP said it attempts to abide by the 500-mile guideline, it’s not unusual for a convict to be sent further away for various factors, including: security, population, programming and medical needs.

Convicts from DC, who are placed outside the 500-mile radius, are located at the following facilities:

Graphic by Thamar Bailey

Of the 14 remaining felons, who are not being held at one of the facilities listed above, one died serving her sentence, one is serving his sentence at an unidentified juvenile facility, four were released from prison and eight are “Not in BOP Custody.”

While “Not in BOP Custody” is vague in nature, the BOP explained the designation could mean the felon completed the sentence and was released, the felon is in the custody of the DC Jail, the custody of the felon was permanently or temporarily transferred to another agency or the felon is not in BOP custody for purposes related to appearing in court.

According to DC Courts, the eight felons who are “Not in BOP Custody” have not fulfilled their sentences.

D.C. Witness contacted the U.S. Marshals Service and the DC Jail in search of the eight felons who are “Not in BOP Custody.” As of Nov. 14, D.C. Witness has not received any information on where they are being held.

Editor’s Note: Over the course of the next few months, D.C. Witness will release a series of data-based articles concerning the judicial process for murder defendants in the District of Columbia dating back to January 2015.

LaTrina Antoine, Will Lennon and Shams Sohani contributed to this article.

Prosecution Explains Witnesses Story Changes During Closing Arguments

During closing statements Nov. 13, the prosecution addressed why witnesses, in a murder trial, changed their stories on the stand.

Kenneth Adams is charged with first-degree murder while armed, obstruction of justice and other firearms offenses for allegedly shooting 21-year-old Dante “Te” Kinard on the 1800 block of Benning Road, NE in 2016.

According to the prosecution, some witnesses acted in “self-preservation” when they made inconsistent statements to the jury about what they saw on the night of the shooting. The prosecution emphasized that the witnesses changed their testimonies because they didn’t want to be labeled as “hot” or a “snitch”. 

However, D.C. Witness reported earlier that several witnesses told the jury that police coerced them into identifying Adams.

In an additional attempt to prove Adams’ guilt, the prosecution also referenced a witness who identified Adams as the shooter. He “summoned the courage and pointed [his] finger” at Adams, the prosecutor said during closing arguments.  

According to the prosecution, Adams, 20, walked toward a group of people on Benning Road and pulled out a gun and started shooting. Apparently, Adams was acting in part to an ongoing feud between the Langston and 21st and I Street neighborhoods. Kinard was not the intended target in the shooting. 

The defense is scheduled to make their closing arguments on Nov. 14.

 

Weekly Homicide Recap: Nov. 5-11

Over the last week, from Nov. 5-11, the Metropolitan Police Department reported four homicides and two arrests for homicides in Washington, DC.

According to D.C. Witness data, there have been 148 homicides in the city, a 35.5 percent increase from the 110 homicides reported at the same time last year.

On Nov. 9, police arrested Dale Thomas and charged him with first-degree murder while armed for allegedly stabbing 38 year-old Jelani Mohammed on the 1500 block of Benning Road, NE the day before. 

Thomas, 28, is scheduled for a preliminary hearing on Nov. 19.

On Nov. 7, Eugene Johnson,37, was fatally shot on the Unit block of Galveston Place, SW. Police have not arrested a suspect in the case. 

The day before, Gibril Turner, 22, fatally shot on the 3900 block of Southern Avenue, SE on Nov. 6. Police have not arrested a suspect(s) in the homicide, either. 

On Nov. 5,  26-year-old Dewayne Weaver, was found fatally shot on the 300 block of 50th Street, NE. There have not been any arrests in the case. 

On Nov. 5, police arrested and charged 19-year-old Mark Anthony Fletcher, III with second-degree murder for allegedly shooting Travis Barksdale, 25,  on the 600 block of Evarts Street, NE in August.







Judge Finds Probable Cause Defendant Murdered Jogger in Logan Circle

A judge found Nov. 9 probable cause that a man fatally stabbed a woman while she jogged near her home in Northwest DC.

Anthony Crawford is charged with first-degree murder while armed for allegedly stabbing 35-year-old Wendy Karina Martinez as she jogged, during the evening, near her home in Logan Circle. The stabbing occurred on the 1400 block of 11th Street, NW on Sept. 18.

District of Columbia Superior Court Judge Craig Iscoe denied the defense’s request to release Crawford, 23, on personal recognizance or to the care of St. Elizabeth’s Hospital, DC’s psychiatric hospital. Crawford, who has not entered a plea, is being held without bond at DC Jail.

A homicide detective testified that Crawford’s DNA was found on a yellow sweater, an umbrella, a trail of blood left at the scene and the blade and handle of a knife that was allegedly stolen minutes before the attack.

According to WTOP, Crawford suffers from schizophrenia and bipolar disorder. Apparently, family members told detectives that he had not been taking his medication at the time of the murder.

According to court documents, Crawford allegedly stabbed Martinez seven times, including in her head and neck. She was able to stumble into a nearby Chinese restaurant for help, but later died from her injuries at the hospital.

The case is being held for a grand jury.

Defendant Receives Multiple Counts of Murder for Young Woman’s Death

During a felony arraignment Nov. 9, a courtroom clerk read a murder defendant’s indictment, which included multiple counts of murder in connection to the death of a 23-year-old woman.

Ashton Briscoe was indicted on 10 counts, including felony murder while armed, first-degree murder while armed, kidnapping while armed and possession of a firearm during a crime of violence for his alleged role in the shooting death of Kerrice Lewis on the 800 block of Adrian Street, SE in 2017.

Cell data shows Briscoe, 23; Marcel Vines, 22; and Malique Lewis, 21, at the crime scene at the time of the murder, according to court documents. Furthermore, data shows the defendants were in contact with each other. Lewis’ death was allegedly in retaliation for the death of Ronzay Green, 23, who was also killed on Dec. 28, 2017. 

Witnesses told police that Vines believed Lewis was responsible for Green’s death because, apparently, she set him up to get robbed, the documents said.

Vines and Malique are also charged with first-degree murder while armed for their alleged involvement in Lewis’ death. The co-defendants have a preliminary hearing on Dec. 23. 

Briscoe, who has not been paired with Vines and Malique, is scheduled for a status hearing on Jan. 18, 2019.

Victim’s Grandmother Asks Judge to Reconsider Murder Defendant’s Confinement

Through a passionate statement to a DC Superior Court judge, the grandmother of a homicide victim appealed Nov. 8 for the confinement of one of the defendant’s charged in connection with her grandson’s murder.

Shaniah Davis is charged with being an accessory after the fact. According to a grand jury, Davis allegedly hid evidence and knowingly assisted John McRae with concealing the shooting of McMillan. McRae is charged with first-degree murder while armed for allegedly shooting 22-year-old Marty McMillan on the 2600 block of Martin Luther King Jr. Avenue, SE in 2017. 

“She lured him in [and] put him in danger,” McMillan’s grandmother told the judge.  “How do we say this woman is not a danger to society?” The victim’s grandmother also said that as long as Davis remained released, what happened to her grandson could happen to someone else.

Even though Davis was released on personal recognizance on Oct. 1, the prosecution used the status hearing to request that Judge Craig Iscoe reconsider holding her in the DC Jail. McRae, 41, is currently being held at the jail without bond.

Judge Iscoe acknowledged McMillan’s grandmother’s statement, however, due to Davis’ clean record and cooperation with release conditions, he said he could not hold her in jail.

A status hearing is scheduled on Jan. 18, 2019. Continue following D.C. Witness for updates on the case. 

Murder Defendant Pleads Not Guilty to 2017 Homicide

After a formal reading of a murder defendant’s indictment, he pleaded not guilty Nov. 8 to charges related to a 2017 homicide.

Ricardo Boston is charged with first-degree murder while armed, possession of firearm during a crime of violence, unlawful possession of a firearm and obstruction of justice for allegedly shooting Dante Coleman in an apartment building on the 3900 block of First Street, SE in 2017. Apparently, the incident happened after an argument.

According to court documents, surveillance footage shows Boston allegedly point an object that is believed to be a gun at Coleman, 20. However, Boston’s hand was not visible in the footage.

A status hearing is scheduled on Jan. 18, 2019.

Adams Trial: Girlfriend Says She Wasn’t Threatened

During a murder trial, a murder defendant’s girlfriend denied receiving threats from her significant other before her grand jury testimony.

Kenneth Adams is charged with first-degree murder while armed, among other charges, for allegedly shooting 21-year-old Dante “Te” Kinard on the 1800 block of Benning Road, NE in 2016. Apparently, Kinard was not the intended target in the shooting.

“He seemed irritated but … he only told me I don’t have to say anything,” the witness said, referencing her last phone call with the defendant. 

During cross-examination, the witness also said she never saw Adams with a gun. 

The trial is expected to resume on Nov. 13.

Murder Defendant Pleads Guilty to September Traffic Fatality

On Nov. 6, a murder defendant accepted a plea deal for a traffic fatality that occurred on Capitol Hill in September.

Phillip Peoples pleaded guilty to involuntary manslaughter and leaving after colliding in connection to the death of 64-year-old Thomas Hendricks Hollowell on the 1200 block of Constitution Avenue, NW. Peoples was originally charged with second-degree murder.

According to court documents, Peoples, 20, ran a red light at the intersection of 12th Street and Constitution Avenue. He hit Hollowell, who was riding a bicycle. Peoples fled the scene.

The defendant could be sentenced from one to three years in prison.

Peoples is scheduled to be sentenced on Jan. 25, 2019.

Judge Releases Murder Defendant from Supervision Program

On Nov. 2, a DC Superior Court judge released a murder defendant from the high intensity supervision program (HISP). 

Keith Archie is charged with second-degree murder while armed for allegedly stabbing 32-year-old Demond Marcel Rush on the 3600 block of 22nd Street, SE in 2017. The Metropolitan Police Department found Rush suffering from six stab wounds. Apparently, the men were close friends.

Archie’s release includes removal of a GPS tracking device.  Judge Judith Bartnoff said she granted the release based on the defendant’s good behavior during the year that he was under HISP. 

According to court documents, on a rainy night, surveillance footage shows Archie and Rush outside an apartment building. Rush can be seen “limping, hunched over and holding his abdominal area.” Archie, 37, is seen about three minutes later walking to and entering the front door of the building. Police found blood at the building’s entrance that led to an apartment Archie was found in. The crime was not caught on camera.

Archie, who was intoxicated, was found without a shirt; he had blood on his jeans and shoes, the documents said.

The prosecution told Judge Bartnoff that it intends to consult with a DNA expert on the case. According to the documents, police seized several items, including a bloody Macy’s bag, a Burger King bag, the defendant’s jeans and shoes, multiple wash clothes from the apartment, a large knife from the apartment’s kitchen sink, a cigarette that appeared to have blood on one end and samples from a bloody hand print on a wall in the apartment. 

The defense was not able to discuss whether it would also conduct DNA testing because the case was transferred to a new attorney.

A status hearing is scheduled on Jan. 11, 2019.

Were Witnesses Forced to ID Shooter?

As a murder trial progresses, a jury is challenged with deciphering whether police coerced witnesses to name a defendant as the shooter.

Kenneth Adams, 20, is charged with first-degree murder while armed, obstruction of justice and related firearms offenses for allegedly shooting 21-year-old Dante “Te” Kinard on the 1800 block of Benning Road, NE in 2016.

On Nov. 7, a witness told the jury that the police forced him to identify Adams for the grand jury. The witness said he couldn’t identify the shooter because he ran away after hearing the gunshots.

Several other witnesses, who were called by the prosecution, also said they gave false grand jury testimonies because the police forced them to.

On Nov. 6, the prosecution said another witness willingly and truthfully told the grand jury that Adams was present during an earlier shooting, pointing to documents citing the witness’s statements. 

However, during cross-examination, the witness said a detective told her what to tell the grand jury. She said her statements about Adams was not true. 

“He was giving me answers,” the witness said. “If I said I didn’t know, he’d be like yes you do.” 

Also, on Nov. 1, another witness told the prosecution that he saw Adams at the shooting. However, during cross-examination, the witness said he told police that he couldn’t see who specifically shot Kinard. The witness said police responded to his uncertainty by yelling at him.

“I felt pressured … I was assuming,” the witness said.

The trial is scheduled to resume on Nov. 8.

Thamar Bailey and Maggi Chambers contributed to this story.

Judge Denies Murder Defendant’s Request for Home Confinement

A District of Columbia Superior Court judge denied defense counsel’s request for their client to be placed in home confinement, citing the defendant’s reckless driving made him a threat to the community.

Timothy Johnson is charged with second-degree murder for allegedly hitting and killing 50-year-old Kim Moore in 2016. 

Johnson is currently being held at DC Jail without bond. 

According to court documents, Johnson, 23, was traveling at a high speed, about 75mph in a 25mph zone, on the 900 block of Eastern Ave., NE when he struck the left rear of Moore’s car. The impact forced Moore’s car to hit two parked cars. Johnson fled the scene but was apprehended a short time later.  He was apparently under the influence of PCP, a hallucinatory drug, when the collision occurred.

In 2017, the prosecution offered Johnson a plea deal for voluntary manslaughter and felony assault, but he rejected it.

A Metropolitan Police Department press release said Johnson’s reckless driving also resulted in non-life threatening injuries to four other individuals.

His case is scheduled for a status hearing on Jan. 7.

 

Judge Holds Defendant for Decade-old Murder

During a murder defendant’s first appearance in DC Courts Nov. 1, a judge found probable cause that he was involved in a murder that occurred nearly a decade ago. He is being held without bond.

Victor Carvajal is charged with first-degree murder while armed for his alleged role in the shooting death of 21-year-old Michael Francis Taylor on the 600 block of Farragut Street, NW in 2008.

Mason Binion, 31, and Joshua Massaquoi, 31, are also charged with first-degree murder while armed in connection to Taylor’s death.

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. The witness said the group gave Taylor between $3,000 and $4,000 for marijuana. According to the witness, the dealer took the money but never provided the marijuana.

Multiple witnesses told police that Taylor gave Binion his car as collateral for the botched drug deal. Apparently, Binion, along with the other individuals that were attempting to buy marijuana, later picked Taylor up in that same car, documents said. 

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

Carvajal’s defense attorney argued against the probable cause finding, saying that most of the information that implicates his client is from a defendant who was already charged in the case.

Furthermore, the attorney said Massaquoi was diagnosed with a mental health disorder and told multiple stories throughout various interviews with the police. He is “not a credible witness,” Carvajal’s attorney said.

However, the prosecution said Massaquoi told police key information that couldn’t have been made up, including where the victim’s body was located. The prosecution also said the facts Massaquoi provided were corroborated by evidence.

Judge Errol Arthur found probable cause based on what Massaquoi told police as well as other witnesses who corroborated that Carvajal was in the car and threw a rock at the victim. 

Carvajal is scheduled for a preliminary hearing on Nov. 19.