A man convicted for killing an innocent bystander was sentenced to 37 years in prison.
Kelby Gordon was convicted in July of second-degree murder while armed, assault with intent to kill while armed, and other related firearms offenses for shooting Gabriel Carlos Turner on the 2600 block of Birney Pl., SE in 2016. Turner was a janitor at the FBI building.
During the sentencing on Dec. 13, DC Superior Court Judge Milton Lee said Gordon, 32, made a series of bad decisions. Decisions that affected not only him, but also Turner, 46; Turner’s family and the defendant’s family, especially his children.
This is the “most senseless and foolish behavior,” Judge Lee said.
Turner’s family did not attend the sentencing.
The prosecutor said Gordon did not show any remorse for killing Turner, noting that the defendant was lucky that only one person was killed during the shooting. As reported by D.C. Witness, Gordon apparently tried to rob an individual who he saw holding a lot of cash. However, when Gordon went to rob the person, who was armed, the two began running a shooting at each other.
Turner, who had intellectual disabilities, was caught in the middle. He was in the area because he visited his mother, daily. “He didn’t see it coming” the prosecutor said during the trial. “One shot, that was all it took and he immediately fell to the ground.”
Gordon, whose parents sat in the courtroom, maintained his innocence, saying he felt the trial wasn’t fair. However, Judge Lee said that he had no doubt about the jury’s verdict.
In addition to serving time in prison, Gordon is required to serve five years on supervised release. He is also required to pay $270 in restitution to a neighbor whose home was destroyed by the bullets and $600 to the Crime Victims Compensation Fund.
A 15-year-old boy was fatally shot on Dec. 13 in an area that wasn’t far from where members of his family lived.
According to Metropolitan Police Chief Peter Newsham, officers responded to reports of gunshots on the 2900 block of Knox Place, SE. When they arrived at the location, they discovered Gerald Watson suffering from multiple gunshot wounds. He was pronounced dead at a local hospital.
Newsham told reporters that night that detectives are reviewing surveillance cameras in the neighborhood. The chief said it appears as if the boy was chased before he was killed.
“It doesn’t make any sense. Who’s going to shoot a kid. This is the holiday season. It is a celebratory time,” Newsham told News4, NBC’s local news affiliate. He said it was “heartbreaking.”
A reward of up to $25,000 is being offered for information that leads to an arrest and conviction in this case or any other homicide in DC.
Anyone with information is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s TEXT TIP LINE — 50411.
On Dec. 13, a medical examiner contradicted a mother’s testimony about the night her son was killed.
Eric McDuffie is charged with first-degree murder and a related gun offense for allegedly shooting 23-year-old Antonio McCallister on the 2700 block of Langston Place, SE. McDuffie, 27, was initially tried in April; however, the jury was unable to make a unanimous decision.
McCallister’s mother previously told the jury that she saw McDuffie walking behind her son as she was approaching him. The mother said she held her son’s head as he fell to the ground. She said his last words were, “ I love you ma.”
However, a medical examiner from the Office of the Medical Examiner of the District of Columbia said the victim had injuries to his face that were consistent with his face hitting the ground. Furthermore, the medical examiner said McCallister couldn’t have said anything after he was shot because his spinal cord was injured. Apparently, McCallister was shot once in the back of the head.
The defense also questioned if the mother was testifying in order to receive a reward. Apparently, she was diagnosed with manic depression and was also homeless.
“I’m testifying because I want justice,” the mother told the jury.
The defense is scheduled to begin their case on Dec. 17.
On Dec. 13, a DC Superior Court judge rescheduled a murder trial so that the defense could conduct DNA testing.
Leonard Smith is charged with first-degree murder while armed for allegedly stabbing Leonte Butler on the 4000 block of South Capitol St., SE in 2017. Smith was initially charged with second-degree murder while armed.
The new trial date was moved from Jan. 22, 2019, to Nov. 12, 2019. The January date was converted to a status hearing.
Defense attorney Dinah Manning said she will conduct a separate testing on some items after receiving the prosecution’s DNA results. The items to be tested were not specified.
According to the Office of the Chief Medical Examiner of the District of Columbia, Butler suffered from multiple stab wounds to the head and torso. Court documents said the stabbings occurred because Butler hit Smith, who was “continuously teasing” him about his speech impairment.
Counsel said the trial is expected to last five days.
A sentencing date is now pending for a man convicted of murder. The delay was spurred by a change in counsel.
In October, a jury convicted Babajide Pittman of first-degree murder while armed, assault with intent to kill while armed and related gun charges for shooting 27-year-old Anthony Young on the 600 block of L Street, SE in 2016.
D.C. Superior Court Judge Danya Dayson approved Dec. 13 motions to replace Pittman’s current defense attorneys, Lauren Johnson and Anthony Matthews, with Michael Madden. The order comes a little more than two months after Pittman’s conviction.
Because of the change, Judge Dayson said it was not appropriate to set a new sentencing date. Pittman, 33, was originally scheduled to be sentenced on Dec. 13, but the hearing was vacated because of a motion for new counsel that was filed a week before.
Judge Dayson said the defendant needed time to speak with his new lawyer.
The mother of a 2015 homicide victim took the stand Dec. 12 and identified the defendant as the man who killed her son. However, a police officer says the mother was under the influence of PCP, a mind-altering drug, when she made her initial statement about the shooter.
Eric McDuffie is charged with first-degree murder and a related gun charge for allegedly shooting 23-year-old Antonio McCallister on the 2700 block of Langston Place, SE. McDuffie, 27, was initially tried in April; however, the jury was unable to make a unanimous decision.
During the hearing, McCallister’s mother told the jury that on the night of the murder she was only feet away from her son when he was shot.
A Metropolitan Police officer, who helped contain the mother on the night of the murder, told the jury that the mother was “hard to manage” and smelled of PCP. The officer also said that the mother pointed toward McDuffie’s house and said the shooter came from there.
To explain her drug usage, the mother said she started smoking PCP to “smother” her feelings. She said she lost her first son, who was nearly a year old, in 1997. The mother also said she drank nearly a six pack of beer, among other alcoholic beverages, and smoked “dippers”, cigarettes laced in PCP, on the night of the murder.
During cross-examination, the defense noted that the mother, who is diagnosed with manic depression, was prescribed multiple drugs but wasn’t taking them on the day her son was killed.
During a post-disposition hearing for a murder defendant, an inmate said the defendant was not with the armed individual prior to a 2011 shooting.
Darrel Hendy
In 2011, Chamontae Walker was sentenced to 40 years for the first-degree murder of Darrel Hendy. Hendy, 29, was shot and killed on the 800 block of Southern Avenue, SE.
Two other men involved in Hendy’s death, Meeko Carraway and Corey Yates, were also sentenced to 25 years and 36 years in prison, respectively. Carraway was convicted of first-degree murder, while Yates was convicted of second-degree murder while armed and acting as an accessory after the fact.
During the hearing, the defense questioned an inmate who is serving an eight year sentence for an unrelated robbery conviction. The defense apparently called the witness to prove that Walker, 43, did not participate in Hendy’s murder.
According to the inmate, he saw a shirtless man pull out a gun. However, the inmate said he did not see the shooting because he fled after seeing the gun. Even though he did not see the shooting, the inmate said he did not see Walker with the armed individual.
During cross-examination, when the prosecution questioned the inmate about why he took so long to come forward, the inmate said he did not want to come forward because he still lives near the location of the shooting.
According to the prosecution, Walker, Carraway and Yates entered an apartment building where Walker gave Carraway a gun. Shortly after, the three men left, and Carraway shot Hendy. Court documents state that witnesses told police that Carraway and Hendy were arguing in the street shortly before the victim was shot.
The defense said the verdict could have been much different if the jury heard the inmate’s testimony. The prosecution, however, said that the jury should not be the standard for granting the defendant another trial.
During a murder trial, a witness told a jury that her life was in danger after it became publicly known that she was going to testify against a murder defendant.
Eric McDuffie is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting 23-year-old Antonio McCallister on the 2700 block of Langston Place, SE in the Woodland neighborhood.
On Dec. 11, a witness said she received a screenshot of texts threatening her after it became public that she was going to testify. The witness said she did not want to testify because her life is “on the line.”
“I would have people I’m uncomfortable with sitting outside of my house,” the witness said. “I’m still scared [for] my life.”
The witness also said prior to the shooting, she was hanging out with her friends in the Woodland neighborhood. Once she left, she said she noticed McCallister and another individual walking in front of her. The witness said, shortly after, she saw McDuffie, 27, walk past her and shoot McCallister in the back of the head.
During cross-examination, McDuffie’s defense attorney, Russel Hairston, pointed out inconsistent statements that the witness gave during several prior testimonies. The witness admitted she gave different versions of the same story but insisted she saw the defendant shoot McCallister.
According to court documents, McDuffie had a previous trial for this case in April. However, a jury was not able to make a unanimous decision on any of the charges.
McDuffie’s trial is scheduled to continue on Dec. 12.
On Dec. 12, two co-defendants pleaded guilty to their involvement in the death of a man in 2015.
Antonio Brown pleaded guilty to second-degree murder while armed for shooting Charles Welch on the 1800 block of Irving St, NW. Brown’s co-defendant, Amanda Turner also pleaded guilty to one charge of felony threat and two counts of obstruction of justice. Brown, 30, and Turner, 41, were initially charged with first-degree murder while armed.
According to a proffer of facts, the prosecution said it would have been able to prove that Brown shot and killed Welch. The prosecution also said Turner, who was Brown’s girlfriend at the time, threatened a witness, telling the person that “they were next.” In addition to the verbal threat, Turner also sent threatening text messages to another witness and attempted to bribe witnesses with drugs.
According to the plea agreement, Brown could receive a 19 year sentence for the murder. His additional charges would be dropped. He is being held without bond.
Turner’s plea deal would drop charges for possession of a firearm during a crime of violence and two additional counts of obstruction of justice. The agreement would also remove a stay away order that kept Turner away from her mother’s home. Turner is still released on personal recognizance.
Brown and Turner are scheduled to be sentenced on March 8, 2019.
In an effort to minimize unfair sentences, District of Columbia Superior Court judges determine sentences through a chart that applies to all charges, including repeated offenses.
The Voluntary Sentencing Guidelines Manual, which was first implemented in 2004, aligns a defendant’s criminal history score and their charge, which is ranked by severity.
Between 2015 and 2017, DC Superior Court judges sentenced 73 felons in connection to homicides, according to D.C. Witness data. Of that number, 68 felons pleaded guilty after entering into a plea agreement. The remaining five were found guilty by a jury.
Regardless of the method, all felons sentenced in the District are sentenced per the terms of the guideline. While the guideline is not mandatory, there is still more than a 97 percent compliance rate, according to the commissions’ 2017 annual report.
According to the guideline, an offense’s severity increases a defendant’s sentence. The sentence is also increased by prior convictions.
With regard to DC homicides, there are eight main charges that recur throughout sentencing:
First-degree murder while armed,
First-degree murder,
Second-degree murder while armed,
Second-degree murder,
Voluntary manslaughter while armed,
Voluntary manslaughter,
Involuntary manslaughter while armed, and
Involuntary manslaughter.
Each sentence has a declared maximum and mandatory minimum.
Graphic by Thamar Bailey; Hourglass by James Cottell via the Noun Project
First-degree murder while armed carries a maximum sentence of life without release and a mandatory minimum of 30 years in prison. First-degree murder carries the same conditions as first-degree murder while armed.
Second-degree murder while armed carries a maximum sentence of life in prison and a mandatory minimum of either five or 10 years in prison based on whether or not the defendant is being sentenced on one or more firearm charges. Second-degree murder carries a maximum sentence of life in prison and has no mandatory minimum.
Voluntary manslaughter while armed carries a maximum sentence of 30 years in prison and a mandatory minimum of either five or 10 years in prison based on whether or not the defendant is being sentenced on one or more firearm charges. Voluntary Manslaughter carries a maximum sentence of 27 years in prison and has no mandatory minimum.
Involuntary manslaughter while armed carries a maximum sentence of 30 years in prison and a mandatory minimum of either five or 10 years in prison based on whether or not the defendant is being sentenced on one or more firearm charges. Involuntary Manslaughter carries a maximum sentence of 27 years in prison and has no mandatory minimum.
None of the 73 felons were solely sentenced on first-degree murder or first-degree murder while armed, according to D.C. Witness data. More than half were sentenced solely on the following charges:
Second-degree murder while armed (17 felons),
Second-degree murder (5 felons),
Voluntary manslaughter while armed (11 felons),
Voluntary manslaughter (13 felons),
Involuntary manslaughter while armed (1 felon), and
Involuntary manslaughter (2 felons).
While all 73 felons were sentenced within the constraints of the mandatory maximum and minimum sentences, there are instances where lesser charges and greater charges were given inconsistent sentences.
According to DC Superior Court Judge Milton Lee, sentences are given based on the circumstances of the case.
For example, in 2017 Tayvon Felton, 21, pleaded guilty to voluntary manslaughter, which carries a 30-year maximum sentence, but he was sentenced to 14 years in prison for his role in the fatal stabbing of 32-year-old Cortez Lamont Clark. Clark was killed on the 300 block of Parkland Place, SE in 2015.
In contrast, Damontay Holliway, 26, who pleaded guilty to second-degree murder while armed in 2015, was also sentenced to 14 years in prison. Holliway’s charge stems from his involvement in the shooting death of 27-year-old Marcus Alston on the 2700 block of Langston Place, SE earlier that same year.
A District of Columbia Superior Court judge granted Dec. 11 the defense’s request to continue two murder defendants’ preliminary hearing.
Dale Thomas and Donnell Mills are charged with first-degree murder while armed for their alleged role in the stabbing death of 38-year-old Jelani Mohammed on the 1500 block of Benning Road, NE in November.
According to court documents, Metrobus surveillance footage, near a Benning Road bus stop, shows two individuals approach Mohammed from behind and assault him. However, a knife was not visible during the fight.
Apparently, the two individuals grabbed at the victim’s backpack in an attempt to steal it, documents state. During the investigation, police were able to identify Thomas, 28, based on his clothing in the footage. Meanwhile, an eyewitness identified Mills, 29, by name.
Thomas’s defense attorney, Matthew Davies, requested the continuance, saying he needs more time to prepare.
Judge Milton Lee continued the preliminary hearing to Jan. 17, 2019.
The Metropolitan Police Department arrested a suspect Dec. 10 in connection to a September homicide in Northeast DC.
According to a press release, Rickie Collier was arrested and charged with second-degree murder while armed for his alleged role in the shooting death of 25-year-old Marquiawn Williams on the 1800 block of Benning Road, NE.
Collier, 25, is scheduled to be presented in court Dec. 11.
During opening arguments in a 2015 murder trial, the prosecution said two eye-witnesses identified the defendant as the shooter.
Eric McDuffie is charged with first-degree murder while armed and possession of a firearm during a crime of violence for allegedly shooting 23-year-old Antonio McCallister on the 2700 block of Langston Place, SE in the Woodland neighborhood.
This is the second trial for the murder case. According to court documents, McDuffie, 27, had a previous trial in April. However, a jury couldn’t come to a unanimous decision on any of the charges.
On Dec. 10, the prosecution told the jury that the victim’s mother was only feet away from where her son was executed.
The prosecution said the defendant approached McCallister from behind and shot him publicly in the back of the head for the whole neighborhood to see. The prosecutor said that the best way to shut a neighborhood up or deter someone from “snitching” is to kill someone publicly.
While holding her son, the mother pointed at McDuffie’s house and told police the shooter came from there, the prosecution said. She also pointed to a white car, which was registered to the defendant.
Furthermore, the prosecution said that an unnamed individual identified McDuffie, by name, as the shooter.
The individual also told police that the shooter was wearing bright, moldy colored sneakers. The sneakers were later found in McDuffie’s house.
The defense decided to give their opening statements when they argue their case.
A plea deal was offered Dec. 11 to a murder defendant who is accused of driving under the influence, killing a woman and injuring two men.
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. Younger is also charged with assault on a police officer, failure to appear and attempted threats to do bodily harm.
Per the terms of the plea, the prosecution agreed to downgrade Younger’s second-degree murder charge to voluntary manslaughter and add two felony assault charges. The prosecutor also said he plans to dismiss Younger’s other charges.
Defense attorney, Madalyn Harvey, told the judge that she needs time to discuss the plea with her client.
According to court documents, multiple witnesses saw a Dodge pickup, the vehicle Younger, 41, was operating, crash into a Honda Accord, the vehicle Williams was a passenger in. Williams was pronounced dead on the scene. At the time of the crash, Younger’s blood alcohol level was .10, which was above the .08 legal limit. She also tested positive for using fentanyl, a narcotic.
Apparently, Younger’s passenger and the driver of the Honda Accord were also injured during the crash and hospitalized for several weeks.
Younger is currently released on personal recognizance. However, the court requires that she report for drug testing.
Harvey requested that D.C. Superior Court Judge Milton Lee reassess Younger’s requirement to report for drug testing, saying that Younger, who is in a wheelchair, is having difficulty reporting because of her disability.
Judge Lee denied the request, saying Younger’s drug testing is “non-negotiable.” Judge Lee also said that Younger’s drug use is the “root of what’s going on and can’t be avoided.”
Younger is scheduled for a status hearing on Jan. 18, 2019.
Instead of going to trial, which was scheduled to begin on Dec.10, a murder defendant accepted a plea deal for his role in a homicide that occurred in 2016.
Nathaniel Taylor pleaded guilty to second-degree murder while armed for fatally shooting 23-year-old Nuru Frenche on the 4900 block of Just Street, NE.
In January, Anthony Blackmone pleaded guilty to voluntary manslaughter and attempted robbery in connection to Frenche’s death. Blackmone, 23, was sentenced to six years in prison.
According to the prosecution, the group of men were conducting a purchase of firearms when Blackmone “initiated a conflict” with Frenche, who was holding $500 at the time. Taylor, 25, who the prosecution said was not involved with the conflict, shot Frenche.
Per the terms of the agreement, the prosecution downgraded Taylor’s felony murder charge to second-degree murder while armed and agreed to drop all of his remaining charges, including conspiracy, assault with intent to kill while armed, attempt to commit robbery while armed and possession of a firearm during a crime of violence.
Contingent on the judge’s approval, Taylor could be sentenced to 12-20 years in prison.
Taylor’s sentencing is scheduled on March 8, 2019.
