Even though a man was acquitted of homicide charges connected to a 16-year-old girl’s death, a DC Superior Court judge sentenced him to more than 4 years in prison.
Judge Craig Iscoe sentenced Saeve Evans to 4.6 years in prison for unlawful possession of a firearm with a prior conviction during a shootout that killed Breyona McMillian on the 1200 block of I St., SE in 2016. The judge also applied good time served to Evans’ sentence, reducing it by 8.4 months.
“It never struck me [that] you were out to kill [because] you would not have casual conversation,” Judge Iscoe told Evans, 33, on May 17.
Judge Iscoe said he made his decision on the fact that Evans was carrying a “mini-uzi” even though he knew he was in violation of the law.
In addition to serving time in prison, Evans has to register as a gun offender and pay $100 to the Crime Victim’s Compensation Program. He is also required to serve an additional three years on supervised release after his prison term.
Judge Iscoe said his decision was not based on Evans’ pre-sentence report nor prior offenses he was acquitted on, including three additional murder charges. The sentencing range for Evans’ offense was from two years to five and a half years in prison.
“I hope you are able to put your life back in order and serve your family and children,” Judge Iscoe said. “You’ve got to do a complete change in the type of life you are living.”
During the sentencing, Evans’ defense lawyer, James King, requested a shorter sentence of three years with a possible term of probation for the gun offense. He said Evans was carrying a gun because he had been shot multiple times before.
“We have a person who had a gun for protection,” King said, referencing that Evans, who was thought to be a snitch, didn’t feel safe in his own neighborhood.
According to the defense, Evans wants to get beyond the incident and move away from the District of Columbia with his family.
“I’m extremely sad with what happened to Breyona. I loved her like a little sister,” Evans told Judge Iscoe, adding that he only wanted to be a good father to his children.
The judge’s sentence fell between the prosecution and defense’s sentencing requests. The prosecution asked for the maximum sentence — five and a half years — saying Evans evoked fear, was a high risk and continued to disobey the law even though he had been incarcerated before. The prosecutor cited a pre-sentence report that said Evans was arrested seven times for gun possession.
During a status hearing May 20, a DC Superior Court judge said the prosecution has about seven and a half months to indict a murder defendant.
Alton Rivers is charged with second-degree murder while armed for his alleged role in the death of 68-year-old Anthony Anderson on the 3600 block of 14th Street, NW on July 27, 2018.
During the hearing, Judge Todd Edelman also acknowledged that Rivers, 55, successfully withdrew his guilty plea and was deemed competent to stand trial.
Given the fact that Rivers entered the plea agreement before a grand jury could return an indictment, the nine month indictment deadline will pick up where it left off, according to Judge Edelman.
According to Title 23 of the Code of the District of Columbia, the prosecution has nine months from the date the defendant was arrested to obtain a grand jury indictment. If they fail to obtain an indictment, the case could be dismissed.
D.C. Witness previously reported that Rivers entered into a plea agreement and pleaded guilty to voluntary manslaughter while armed in connection Anderson’s death in September. However, Rivers later withdrew from the plea, saying that he believed he acted in self-defense.
According to DC Courts, Judge Judith Bartnoffgranted Rivers’ motion to withdraw his guilty plea on May 15.
Rivers is scheduled for a felony status conference on Aug. 29.
The prosecution notified the court May 20 that it was in the midst of obtaining case evidence from another prosecutor in Virginia.
Joshua Artis is charged with first-degree murder while armed, conspiracy and obstruction of justice, among other charges, for his alleged role in the death of 28-year-old Ryan Addison on the 200 block of Elmira Street, SW in 2015.
During the hearing, a prosecutor from the United States Attorney’s Office from the Eastern District of Virginia said she has thousands of documents that relate to a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) operation that arrested a gang member that is related to the case.
Apparently, the IGB leader pleaded guilty to conspiracy in connection to Addison’s death, among other charges.
According to a grand jury indictment, Artis is a member of IGB and was “authorized” by an IGB leader to travel from Virginia to Washington, DC to kill Addison, who they believed killed Rodney Davis, a friend of theirs. Davis was fatally shot on the Unit block of Galveston Place, SW in 2015.
The Virginia prosecutor said that some of the evidence is available today and that the rest would take a couple of days to send.
DC Superior Court Judge Ronna Beck said the prosecution has until May 23 to hand over the first batch of evidence and until May 28 to hand over the rest.
Defense attorney, Judith Pipe, said that because of the large amount of evidence, she’s not requesting that the data be “culled” or reduced to only relevant information. However, Pipe did say she still expects the prosecution to identify portions of the data that would be relevant.
Artis is scheduled to go to trial on June 3. Artis’ trial date is contingent on the Interstate Act on Detainers, an agreement entered by the United States and the District of Columbia that sets limitations on the timespan of cases brought to trial.
The act solely applies to prisoners sentenced for unrelated trials that are transferred between two states. The act states that if the prisoner’s trial doesn’t occur within 120 days of the prisoner’s arrival in the state, then the case is dismissed with prejudice.
Artis is scheduled for a status hearing on May 23.
In preparation for a murder trial, the defense and prosecution discussed May 20 what to tell a jury about a cooperating witness who was killed.
Kenneth Bellamy, 35, is charged with first-degree murder while armed and two gun-related offenses for his alleged role in the death of 23-year-old Michael Tyrone Jones on the 300 block of East Capital Street, SE in 2015.
D.C. Witness could not verify the cooperating witness’s name or the circumstances surrounding his death.
According to the prosecution, the witness was Jones’ bestfriend and was present at the shooting. The prosecutor said she planned to call the witness to testify. She also said the witness was cooperating in another case in addition to Bellamy’s case. It’s unclear if the other case is related to Bellamy’s case.
Bellamy’s defense attorney, Jon Norris, said counsel should read a stipulation, saying that the witness would not be testifying because he is dead. Norris said the stipulation should note that the witness’s death was “unrelated” to the case.
However, the prosecutor said that stipulation wouldn’t be “exactly true.” The prosecutor did not explain the context of her statement.
Ultimately, counsel said they would continue to work on the wording of the stipulation.
DC Superior Court Judge Todd Edelman said jury selection is scheduled occur on May 20. A motions hearing is slated to occur on May 21. Judge Edelman said counsel is expected to begin opening arguments on May 22.
A prosecutor requested May 17 to postpone a trial date for two defendants charged in connection to a 22 year old’s death.
John McRae is charged with first-degree murder while armed, unlawful possession of a firearm during a crime of violence and possession of a firearm during a crime of violence. His co-defendant, Shaniah Davis, is charged with accessory after the fact. The defendants are charged with the shooting of Marty William McMillan on the 600 block of Martin Luther King Jr. Avenue, SE in 2017.
The prosecutor requested a change in the trial date because he was scheduled for another trial, which is not connected to the case, weeks before the trial is scheduled to begin on April 20, 2020.
Until a final date is chosen, Judge Iscoe held Spet. 21, 2020, as a potential trial date. McRae, 41, is being held without bail. Davis, 22, was released on personal recognizance.
The prosecutor also said a wired plea, which is a plea offer that would have applied to both defendants, was rejected by the defense. The prosecutor said another offer will not be presented at this time.
The prosecutor also said the victim’s car was returned to his family.
According to court documents, family members reported McMillan, 22, missing in April. Police located McMillan’s “human remains” wrapped in a floral comforter in Forestville, Md. nearly six months later in October.
Court documents state that McMillan frequented a dating website and had plans to meet up with a woman who was apparently in a relationship with McRae and an unidentified individual. The woman initially told police that she didn’t know McMillan. However, during a subsequent interview, the woman told police that she had sex with McMillan, in the house she shares with McRae, on the night he was last seen.
After nearly five days of deliberation, a jury found a murder defendant not guilty of ordering a “hit” and facilitating the murder of her boyfriend.
A jury found Carmelita Henderson not guilty of first-degree murder while armed for her role in the shooting death of 38-year-old Levi Kinte Davis, on the 4200 block of East Capitol Street, NE in 2015. According to court documents, Davis and Henderson were in an intimate relationship prior to Davis’ murder. Apparently, Henderson was working in DC Jail while Davis was being held.
According to the prosecution’s theory, Henderson “orchestrated” the shooting and hired two of her friends to shoot Davis because they had a “bad, hurtful relationship.” The prosecution said Davis told Henderson he was cheating and that he got her fired from her job in the DC Jail mailroom.
“He had cost her not only her job, but a government job that came with a retirement plan,” the prosecution told the jury. “She set him up. He died in her car, outside her apartment in her parking lot.”
A witness testified that Henderson told him about the murder shortly after it happened. According to the witness, Henderson said she was in her car in the parking lot of her apartment complex with Davis when two of her friends came up and shot him. The witness told the jury that Henderson said she wanted him to be killed in her car so it would seem “less suspicious.”
“She said she got him killed,” the witness said. “He got her fired. She said she wanted to kill him.”
The prosecution also called witnesses who told the jury about Henderson’s “calm” behavior after the shooting. The witnesses said Henderson refused to go back to the car and did not ask about Davis.
“She had no emotions. She didn’t cry. She didn’t scream. That’s not consistent with someone who just lost her boyfriend,” the prosecution said. “Her first words after the murder were ‘it’s all good.’”
The prosecution said Henderson attempted to mislead police after giving them false descriptions about the shooters. Henderson told police the shooters were short men who were wearing dark clothing and ski masks, however, witnesses identified tall men without ski masks.
“She had all the motive in the world to have this guy killed,” the prosecution said during closing arguments. “She walked out of that car, turned and watched as her lover was shot to death.”
However, defense attorney, Michael Madden, said his client wasn’t involved in Davis’ murder.
“It was a normal evening. She was in the car when [the shooting] happened,” Madden said.
Madden said Henderson feared for her life and made a “hasty retreat” toward a group of people outside her apartment building during the shooting.
“She was in a daze,” Madden said, explaining Henderson’s “calm” behavior.
Madden said that although Henderson and Davis fought, they “always got back together.” He also stated that Davis was her “ticket” to getting her job back because he wrote a letter to the jail denying their relationship.
The defense did not call any witnesses during the trial. Instead, Madden sought to poke holes in the prosecution’s theory.
During closing arguments, Madden said there was not enough proof that Henderson “orchestrated” the murder. Madden pointed out that Henderson’s clothes were not tested until a year after the shooting and that a “phantom phone” Henderson allegedly used to plan the murder was never located.
Furthermore, Madden said the witness who testified about Henderson’s confession fabricated the story as leverage, in case he got arrested, again. Madden told the jury that the witness also inquired about reward money.
“[That witness] is the entire case,” Madden said. “They have absolutely no case without him.”
A United States Coast Guard officer died after crashing into another vehicle at the intersection of South Capitol Street and Firth Sterling Avenue, SE on May 13.
According to a press release from the Metropolitan Police Department, both drivers were taken to the hospital. Four days later, Molly Waters, who was a commander, succumbed to her injuries and was pronounced dead on May 17. Her organs will be donated, the fire department said.
The Washington Post reported that Waters died after being removed from life support.
During the early morning hours on May 13, a black BMW motorcycle heading south-bound on South Capitol Street, SW began to make a left turn onto east-bound Firth Sterling Avenue, SE and was struck by a Ford Edge that was traveling north-bound on South Capitol Street, SE, the release said.
On its Facebook page, the Coast Guard said Waters was on her way to Coast Guard headquarters when she was struck.
Waters was a resident of Alexandria, Va., according to DC police.
Anyone with information regarding this crash should contact the police at (202) 727-9099.
The Metropolitan Police Department is investigating a fatal shooting that occurred on the 100 block of T Street, NE.
According to a press release, police found 25-year-old Jonathan Hernandez, a resident of Southeast DC, suffering from multiple gunshot wounds on May 18. He was pronounced dead at a local hospital. A second male victim who was suffering from a gunshot wound was also located. The second victim sustained non-life threatening injuries.
The Metropolitan Police Department is offering a reward of up to $25,000 for information that leads to an arrest and conviction in this homicide or any other homicide in the District of Columbia. Anyone with information about this case is asked to call the police at 202-727-9099. Anonymous information may be submitted to the department’s Text Tip Line — 50411.
A plea offer was put on record for a man accused of murdering another man in Southeast DC.
Deandre Houston is charged with first-degree murder while armed for his alleged role in the shooting of Roderick Thomas on the 3200 block of 12th Street, SE on Oct. 11, 2018.
During a felony status conference May 17, the prosecution said it would put a plea offer for second-degree murder on the record. The plea would drop all other charges against Houston. The prosecutor said the offer will expire by the end of the month.
According to Judge Iscoe, there were issues with undisclosed information or other material variations in any of the drafts he reviewed.
The case is pending a grand jury hearing. According to DC law, the prosecution has nine months to secure an indictment.
According to court documents, witnesses told police that they saw an individual wearing a black backpack arguing with Thomas near a black Audi. The witness said they heard three gunshots, but did not see the shooting. Apparently, the victim met with Houston to purchase a MacBook.
Another felony status conference is scheduled on Aug. 12.
Throughout the month of April, the District saw a substantial uptick in homicides, a 111 percent increase. The increase reflects the same amount of homicides that occurred in January despite a two month decrease in February and March.
According to D.C. Witness data, DC started the New Year with 19 homicides. However, there was a lull in February with 10 homicides, and March, when there was an even further decrease with eight homicides. However, by the end of April, the city was back at the 19 homicides marker it accrued in January.
As previously reported, the April homicides included: ten gun-related deaths, five stabbings, two vehicular homicides, one trauma-related death and an assault. In addition to the 19 homicides, the District also saw three traffic fatalities.
Rodney Gordon
On April 1, police found 44-year-oldRodney Gordon suffering from a gunshot wound on the 3300 block of Alabama Avenue, SE.
Later that same day, Maurice Wheelerwas found suffering from multiple gunshot wounds on the 4600 block of Hillside Road, SE.
Jobe McDowney
Three days later, on April 4, police found two men
Desimon Richardson
suffering from gunshot wounds on a stairwell inside a residence on the 4900 block of Nash Street, NE. Jobe McDowney, 23, and Desimon Richardson, 21, were pronounced dead on the scene.
suffering from a stab wound on the 2900 block of Martin Luther King Jr. Avenue, SE.
Police arrested Keith Anthony Johnson and Kevon Pinkettare charged with second-degree murder while armed in connection to Richardson’s death. Johnson, 26, is scheduled for a preliminary hearing on June 4. Pinkett, 18, is awaiting a presentment. According to DC Courts, Pinkett’s presentment has been continued six times because he is in the hospital.
On April 5, a driver of a 2015 Kia Optima was driving the wrong way on Interstate 295 and struck another car. In an attempt to avoid the crash the driver of a Chevrolet Suburbia lost control of the car and struck a concrete barrier.
The drivers of the Kia and Chevrolet, 36-year-old Lance Antonio Wayand 53-year-old Audrey Wimbish, were killed in the process. No arrests have been made in connection to the traffic fatalities.
Melvin Quick
On April 7, Melvin Edward Quick, 33, succumbed to his injuries in connection to an assault on April 5 on the 1800 block of Q Street, SE. The Office of the Chief Medical Examiner deemed that Quick’s death was caused complications from blunt force trauma.
Montray Brown
That same day police found Montray Brownon the 2400 block of Wagner Street, SE. Brown, 28, was pronounced dead on the scene.
Curtis Leon Harrison
On April 8, 62-year-old Curtis Leon Harrison was found unconscious and unresponsive on the 3400 block of Benning Road, NE.
On April 9, police found 62-year-old Arnold Smith on the 600 block of Galveston Place, SE.
Later that same day, police arrested Smith’s brother, 60-year-old Joseph Smith, and charged him with voluntary manslaughter while armed.
Joseph is scheduled for a felony status conference on July 16.
On April 13, 46-year-old Chester Belfield was found suffering from multiple stab wounds on the 1000 block of Southern Avenue, SE.
Police arrested and charged David Allen Hackneywith first-degree murder while armed in connection to Belfield’s death. Hackney, 58, is scheduled for a preliminary hearing on June 10.
Antwan Hucks
On April 15, police found Antawn Hucks suffering from an apparent gunshot wound on the 2400 block of Pomeroy Road, SE. Hucks, 31, was pronounced dead on the scene.
Barry Holmes
Three days later, on April 18, 57-year-old Barry Holmeswas found suffering from a gunshot wound on the 5100 block of Southern Avenue, SE.
Police arrested and charged Terrance Barneswith premeditated first-degree murder while armed in connection to Holmes’ death. Barnes, 29, is scheduled for a felony status conference on July 19.
On April 19, police found David Saloveshunconscious and suffering from injuries stemming from a car crash. According to a press release,, Salovesh, 54, was riding his bicycle down the intersection of 12th Street and Florida Avenue, NE when the driver of a stolen car crashed into another car, striking Salovesh before crashing into a tree.
Police arrested and charged Robert Earl Little, Jr.with second-degree murder while armed in connection to Salovesh’s death. Little, 25, is scheduled for a preliminary hearing on June 4.
Breon Austin
Later that same day, 16-year-old Breon Austin suffering from gunshot wounds on the 700 block of Princeton Place, NW.
Police have identified a vehicle of interest in Austin’s case. According to a press release, the vehicle is a gray four door sedan with stickers on the driver’s side of the car.
Vehicle of Interest
On April 20, the driver of an Infinity sped down the 4000 block of East Capitol Street, NE. Apparently, the driver lost control of the car and hit a tree, resulting in the car being engulfed in flames.
According to the Metropolitan Police Department, the decedent has yet to be identified, as of May 16. No other arrests have been made in the case.
The next day, on April 21, police found Abdul Seck suffering from injuries stemming from being struck by a car. According to a press release, a 2012 Chevrolet Cruz was speeding and hit another car. Apparently, the car tried to redirect and ended up striking Seck, who was walking in the cross walk at the intersection of 16th Street and V Street, SE.
Later that same day, police arrested and charged Dejuan Andre Marshall, the driver of the 2012 Chevrolet Cruz, with second-degree murder while armed. Marshall, 21, is scheduled for a preliminary hearing on May 23.
On April 22, 24-year-old Deandre Hawkins was found suffering from a gunshot wound on the 5300 block of E Street, SE.
Nearly three weeks later, on May 15, police arrested and charged Keonte Johnson with first-degree murder while armed. Johnson, 20, is scheduled for a preliminary hearing on May 31.
On April 27, police found an unidentified malesuffering from multiple sharp force injuries on the 5200 block of Canal Road, NW. The male was pronounced dead on the scene.
According to the Metropolitan Police Department, as of May 16, the victim remains unidentified.
A day later, on April 28, police found 40-year-old Jamal Ferrellsuffering from multiple stab wounds on the 700 block of 14th Street, SE.
According to a press release, there’s a warrant out for the arrest of Jada Jena Smith, 18, and Xavier Dontrell Culbreth, 18, in connection to Ferrell’s death.
On April 30, Devante Moody was found suffering from a gunshot wound on the 4400 block of G Street, SE.
During a status hearing May 16, the prosecution notified the court that they are in the midst of conducting a third round of DNA testing in a murder case.
Deon Crowell, 50, is charged with first-degree murder while armed for allegedly stabbing 53-year-old Joni Rockingham on the 300 block of 34th Street, NE in 2017.
During the hearing, the defense also notified DC Superior Court Judge Danya Dayson that while she received evidence from the prosecution, she is still missing evidence regarding DNA. The defense attorney also requested that her client’s wife’s laptops and hard drive be returned. Apparently, the prosecution seized the items during a search of Crowell’s residence back in 2017.
In response, the prosecutor said they were in the midst of copying the information from the devices.
Judge Dayson gave the prosecution until June 24 to hand over the items or to at least provide an update on the progress being made.
According to court documents, Rockingham was found dead with 73 stab wounds across her upper body. Apparently, Rockingham and Crowell were involved in a sexual relationship.
Crowell is scheduled for a status hearing on July 18.
A DC Superior Court judge continued May 16 a murder defendant’s preliminary hearing for the second time. The hearing was continued to June 4.
Keith Anthony Johnson is charged with second-degree murder while armed for his alleged role in the fatal stabbing of 49-year-old Edwin Richardson on the 2900 block of Martin Luther King Jr. Avenue, SE on April 5. Johnson is being held without bail.
Judge Danya Dayson made the ruling after Johnson’s attorney, Dominique Winters, said she received additional evidence and needs more time to investigate.
D.C. Witness previously reported that Judge Dayson continued Johnson’s preliminary hearing from May 6 to May 16 after the defense and prosecution made a mutual request for a continuance.
D.C. Witness previously reportedthat during his presentment the prosecution said Johnson was identifiable on surveillance footage.
The prosecutor said Johnson chased Richardson through an intersection with a group of other men, which the prosecutor argued is proof that Johnson knew of the stabbing. Apparently, Johnson also spoke to police and admitted to getting in an argument with Richardson, saying he “enjoyed” chasing him.
Based on a witness’s state of mind, a judge granted a prosecutor’s motion for a continuance of a murder trial on May 16.
Dewayne Chatman is charged with first-degree murder while armed for his alleged role in the death of 29-year-oldEvan Williams on the 4000 Block of 3rd Street, SE in 2016. Chatman’s trial was initially scheduled to begin on May 13. Chatman, 32, is also charged with mayhem while armed, possession of a firearm during a crime of violence, assault with the intent to kill while armed, malicious disfigurement while armed, unlawful possession of a firearm with a prior conviction, threat to kidnap or injure a person and obstructing justice
After speaking with the witness’s doctor, DC Superior Court Judge Danya Daysonagreed that the witness was unfit to testify. Apparently, the doctor said the witness has undergone six brain surgeries and is experiencing issues with his memory, among other things. Judge Dayson said the doctor expects to see improvement in the witness’s overall stature in the future.
Chatman’s trial was continued to May 18, 2020.
The defense unsuccessfully argued against the ruling, saying that the witness was on the same drugs and experiencing the same issues back in 2016 when he testified in front of a grand jury. Defense attorney, Dominique Winters, pointed out that the witness has testified in two grand juries and that he had a short interview with police that was caught on body worn footage. Winters said that the prosecution could use the footage and grand jury transcripts in lieu of him taking the stand.
According to DC Courts, this is Chatman’s third trial date. Chatman was initially scheduled to go to trial on Oct. 1, 2018. However, the case was ultimately continued to May 13 because the lead detective on the case was having surgery, according to the prosecution.
D.C. Witness previously reported, on May 7, that Judge Dayson denied the prosecution’s request for a continuance. Apparently, the prosecution requested additional time because they need to do additional investigative work.
Given the court’s ruling, Winters argued for her client’s release. Winters suggested that her client, who is being held without bail, be placed on home confinement or at a half-way house. She said that the defense will not consider plea negotiations because Chatman is innocent.
Judge Dayson denied the defense’s request and noted that while Chatman doesn’t have a violent criminal history, he does have a history of non-compliance. Judge Dayson said while Chatman was on supervised release for unrelated cases he loss contact with pretrial services and tested positive for drugs.
According to DC Courts, Chatman has two felony conviction including a 2009 bail reform act violation and 2010 attempted distribution of a controlled substance. Chatman also has a 2009 misdemeanor possession of a controlled substance conviction.
Chatman is scheduled for a status hearing on Aug. 16.
After searching for a murder suspect for three weeks, the Metropolitan Police Department arrested a man they believe is connected to a homicide that occurred in April.
According to a press release, 20 year-old Keonte Johnson was apprehended and charged with first-degree murder while armed (felony murder) on May 15. Johnson allegedly shot 24 year-old Deandre Hawkins on the 5300 block of E Street, SE on April 22.
An arrest warrant, initially issued for Johnson on April 24, was closed on May 16, according to DC Courts. Johnson was also assigned a lockup number number and is scheduled to appear in court on May 16 as well.
During a trial readiness hearing May 15, the prosecution argued to continue a murder trial by at least six months because their eyewitness is unfit to testify.
Dewayne Chatman, 32, is charged with first-degree murder while armed and mayhem while armed, among other charges, for his alleged role in the death of 29-year-oldEvan Williams on the 4000 Block of 3rd Street, SE in 2016. Chatman’s trial was initially scheduled to begin on May 13.
The prosecution said the man who was shot during Williams’ murder would be called as a witness. Apparently, the man was shot in the head.
The prosecutor said the man’s doctor said the man has had multiple brain surgeries and needs a 6-12 month recovery period.
The prosecutor said the witness’ most recent surgery was merely a month and a half ago and that he is experiencing long term and short term memory loss. The prosecutor also said the witness has difficulty understanding questions and trouble focusing. Apparently, the witness also becomes agitated and struggles to sit still.
The prosecution also told DC Superior Court Judge Danya Dayson that they are not prepared to decide whether or not they are going to call the witness given the uncertainty of his condition.
In response, the defense argued against the continuance, saying the witness will “never” be competent to stand trial.
Defense attorney Dominique Winters, who also spoke with the witness’s doctor, said the witness has had the same issues dating back to 2016, when the murder occurred. Winters said it’s unclear whether the witness’s “agitation” is a result of the surgeries or from the fact that he’s self-medicating with alcohol and “street drugs.”
Winters said the witness always had long term and short term memory problems and that the issue has only gotten worse over time. She also said that the prosecution was “leaning toward” not calling him as a witness for multiple reasons, including the fact that the witness was intoxicated at the time of the murder, he has long term memory issues and his repeated conflicting testimony.
Judge Dayson said she needs to speak with the witness’ doctor before deciding whether or not to continue the trial. The trial readiness hearing is scheduled to continue on May 16, when she is expected to make a ruling.
