Prosecution Seeks Delay in Murder Trial to Crack iPhone Passcode

Defense attorneys recently clashed with prosecutors over whether D.C. Superior Court Judge Danya Dayson ought to delay a murder trial to give the prosecution more time to figure out the passcode of the victim’s iPhone.

Burroughs, 24, is accused of shooting Jarell Walker three times on June 2, 2016, on the 3700 block of Hayes Street, NE.

“We’re not talking about a situation where this will be dealt with during trial,” one prosecutor said. “We’re talking about a situation where this will be dealt with after the trial… (so) we are asking for a very short continuance.”

The prosecution said they requested a continuance to have more time to get access to messages on the phone. They said Hakeem Burroughs was detained for a Maryland parole hold, so the continuance would not be the only thing keeping him in jail.

Prosecutors’ threatened to have Burroughs’ trial dismissed and re-indicted if the trial began before they could open the phone.

Judge Dayson seemed hesitant because the prosecution was beginning to make a habit of requesting continuances in the case. She said the prosecution requested a continuance before because they were trying to locate a witness.

The witness the prosecution wanted to locate apparently told Metropolitan Police Department detectives that Walker, 22, was walking away from a verbal altercation with Burroughs when he was shot.

Another victim was also shot but survived the incident, which occurred at the Paradise Apartment complex.

Burrough’s defense attorney, Dominique Winters, said the trial for first-degree murder while armed should proceed without continuance because it does not take long to crack an iPhone passcode. According to Winters, some iPhone codes have been cracked in thirty seconds.

Winters was also concerned that a continuance would violate Burroughs’ right to a speedy trial.

The prosecution said they only recently gained access to the technology required to break into iPhones.

Dayson requested the prosecution provide her with more information on the iPhone code cracking process before she would make a decision.

As of May 18, the trial is scheduled to begin on May 21.

Document: Police Investigate Death of 1-Year-Old Boy

The Metropolitan Police Department is currently investigating the death of Carter Sanders.

According to police reports, Sanders, 1, was found unconscious and unresponsive inside a residence on the 4700 block of Benning Road, SE on May 16.

Up to a $25,000 reward is being offered for information that leads to an arrest and conviction in this case or any other homicide in Washington, DC.

To get more information on homicides in the city, visit dcwitness.org.

Document: Police Arrest Green Street Homicide Suspect

The Metropolitan Police Department arrested May 17 Juan Kibler. Kibler, 27, was charged with second-degree murder while armed for the alleged stabbing death of 40 year-old Joseph Harris.

Harris was stabbed May 7 at a residence on the 2300 block of Green Street, SE, according to police reports. Police located Harris on the 2100 block of 14th Street, SE.

Follow this case on dcwitness.org.

Judge Finds Probable Cause in Light of Defendant’s Self Defense Claim

Even though defense counsel recently claimed the alleged stabbing death of a known drug dealer was in self defense, a DC judge recently found probable cause for the murder.

Fredrick Nowlin allegedly stabbed Andre “Dre” Butler on March 22 in a residence on the 900 block of Mt. Olivet Road, NE. Nowlin then fled the scene after being threatened with a rake by another resident who lived in the home, according to court documents.

According to the defense, Butler was known to be violent and unstable. Defense attorney Mani Golzari added that probable cause could not be found because the prosecution’s witnesses were “unreliable due to mental illness and drug abuse.”

However, the prosecution said there was no evidence that Nowlin knew Butler was violent.

Washington, DC Superior Court Judge Judith Bartnoff said May 17 the prosecution presented enough evidence to justify the need for a murder trial for Nowlin, who is also known in the community as JR.

Nowlin is scheduled for a status hearing on July 13.

Judge Denies Murder Defendant’s 2nd Request to Enter Release Program

District of Columbia Superior Court Judge Craig Iscoe denied a murder defendant’s second request to be placed in the High Intensity Supervision Program (HISP).

Stephon Marquis Williams is accused of shooting Jamar Morris on the 50th block of M Street, NW on Feb. 9, 2016. He is charged with second-degree murder while armed. Williams was arrested on Oct. 27, 2017.

Williams’ defense attorney, Daniel Quillin, said that only one witness connected Williams, 25, to the murder. But, the prosecution said they believe the testimony of the witness could be corroborated by video evidence.

According to documents from the Metropolitan Police Department, the witness reported that Williams said he shot Morris,28, because he cheated in a game of craps. Morris allegedly won $35,000.

Judge Iscoe declined to place Williams in HISP because of the nature of the crime and his inability to guarantee safety to the community.

As of May 17, Williams had not been indicted by a grand jury. He is scheduled to return to court on July 27, so counsel can determine how to proceed with the case.

Judge Sentences Williams, Knight for 2015 Drive-by Shooting

Two of the three men involved in a fatal shooting of a 39-year-old father were recently sentenced by a Washington, DC Superior Court judge.

Judge Judith Bartnoff sentenced May 11 Dominique Williams to 24-years in prison for shooting Marcellus Green during a drive-by on the 3200 block of 28th Street, SE. Williams, 24, was charged with second-degree murder while armed in March. After his prison term, he will serve five additional years under supervised release.

A co-defendant in the case, Maricco Knight, was sentenced May 15 to 84 months for being an accessory after the fact and 72 months for obstruction of justice. Knight, 25, will also serve five additional years under supervised release.

The third defendant in the case, Steven Pugh pled guilty to second-degree murder in 2016. He is awaiting sentencing.

During the early morning hours on Sept. 19, 2015, Pugh, 22, Knight and Williams were apparently in a car and, as they drove down the street, Williams allegedly wanted to make a statement to the person who threatened him, and Pugh wanted seek revenge for his girlfriend, whose tires were slashed when she lived on the block.

Williams shot at four people, including an 11-year-old boy. The boy, who is Green’s son, is now 13 years old.

As the oldest brother delivered his statement of impact, he commented on the tragedy that his younger brother witnessed. He told the judge that he doesn’t want his younger brother to grow up an animal and that the family is trying to help him cope with his loss.

“There’s nothing out here in these streets but disappointment,” Green’s oldest son told the judge. He referenced his younger sister’s statement, saying Williams robbed his siblings of sharing special moments, such as graduations and weddings, with their father.

“I can’t show sympathy [or] pity…I can’t,” the brother told the judge in reference to Williams.

There is “nothing I can say to make this any better,” Judge Bartnoff said. She said the situation doesn’t make sense because Williams did not have any prior felonies before the homicide.

As U.S. Marshals escorted Williams out of the courtroom, a female yelled, “I love you Domo mo.”

To read about the entire case, click here.

Judge Pushes DUI Murder Suspect’s Hearing Back

A District of Columbia Superior Court judge pushed back a preliminary hearing date for a second-degree murder defendant.

Roger Hamilton’s defense attorneys requested May 16 that Judge Danya Dayson hold his preliminary hearing at a later date because an indictment had not been issued and court reports had not been updated. Hamilton’s next preliminary hearing is scheduled for July 23.

On March 2, Hamilton, 37, allegedly struck and killed 42-year-old Vincent Childs with his car. According to documents from the Metropolitan Police Department, Hamilton was allegedly under the influence of alcohol when his car jumped a curb on the 3200 block of Wheeler Road, SE and hit Childs. The report also says he tried to flee the scene before authorities arrived.

Hamilton is being held without bail.

Document: Homicide on Alabama Ave. SE

On May 16, the Metropolitan Police Department responded to reports of gunshots on the 600 block of Alabama Ave., SE. Upon arriving, police found 15 year-old Jaylyn Wheeler suffering from gunshot wounds. He was taken to a local hospital where he was pronounced dead.

Up to a $25,000 reward is being offered for information that leads to an arrest and conviction of this homicide or any other homicide in the District of Columbia.

Visit dcwitness.org for more information on this homicide or other homicides in Washington, DC.

Read the Washington Post’s article on the shooting, which seemed to stem from an earlier fight between students at Ballou High School. The shooting did not happen near Ballou, another public charter school in Ward 8.

Peyton Sentenced to 8+ Years for Involuntary Manslaughter

District of Columbia Superior Court Judge Danya Dayson recently sentenced Davon Peyton to eight and a half years in prison for the shooting death of 21-year-old Ray Andre Harrison.

Judge Dayson also sentenced May 11 Peyton, 27, to five years of supervised release following his prison term.

Peyton shot Harrison on the 1300 block of Adams Street, NE on Nov. 13, 2015, while his girlfriend and her friend waited in the car. Peyton was initially charged with second-degree murder while armed, but after a two-week trial in February, the charges were dropped to involuntary manslaughter with related weapons charges.

According to court documents, Harrison drove to Peyton’s house to get marijuana. His girlfriend’s friend was visiting from Texas. According to the girlfriend, they were trying to show the friend a good time.

The incident allegedly occurred when Harrison knocked on Peyton’s 7-year-old daughter’s window around 2:23 a.m., provoking him to answer the door with a loaded gun, documents from the Metropolitan Police Department state. From there, a verbal altercation turned physical and Harrison punched Peyton. Peyton then shot Harrison in the chest.

“I feel horrible,” Peyton told the jury. “I didn’t mean for him to die. It wasn’t supposed to go like that.”

Harrison’s girlfriend also told police that the incident was an accident.

Read more about the trial on dcwitness.org.

Jury Considers if Deadly Assault was Intentional

Did the defendant of a deadly assault intentionally mean to kill a father of two?

Milkiyas Bayisa is being charged with second-degree murder for allegedly fatally punching Kassaahun Abebe Edo outside of the Peace Lounge on the 700 block of Fairmont Street, NW on Aug. 22, 2015. Edo, 35, was placed on life support and diagnosed as critical when he arrived at Medstar Washington Hospital Center later that night. He was officially pronounced dead on Aug. 23, 2015.

According to the prosecution, on the night of the assault, Bayisa, 27, was “angry, hot, mad, aggressive and enraged” to the point that he viciously attacked Edo, causing him to “prematurely” die. Edo suffered from a closed head injury, a neurosurgery expert told the jury. Doctors concluded that Edo’s condition would only get worse and was medically futile.

“We got here because the defendant could not control his anger [and] aggression in [an] ability to control whatever was going on that night,” the prosecution said during its closing statement. “This was a one, two knockout punch.”

However, the prosecution’s statement didn’t only reflect Bayisa’s mood at the time of the assault, it also touched on the fact that Edo, a Texan resident who was in town for a friend’s wedding, lost his life. The prosecution said the case wasn’t about Bayisa at all, it was about Edo.

The defense attacked the prosecution during its closing statement, saying counsel was wrong and incorrect for telling jurors the case was not about Bayisa. “This case is only about Mickey Bayisa,” defense attorney Steven Kiersh said. Kiersh requested the jury not make their ruling based on emotion, but the facts.

There was no intent of harm on Bayisa’s part, Kiersh said. In fact Kiersh said Bayisa tried to calm things down.

“He could have walked away, if, in fact, he was this peaceful man,” the prosecution rebutted.

According to a nuerosurgery expert, Edo was more than likely concussed or dazed as he hit the ground.

The prosecution said, Edo’s dazed or concussed stated of mind prevented him from breaking his fall. But, the defense tried to blame Edo’s lack of breaking his fall to his high blood alcohol level — .127 percent. The legal level to operate a motor vehicle in D.C. is .08 percent.

Jurors began deliberations on May 14. However, just after the jury proceeded to deliberate Bayisa’s lawyer asked Superior Court Judge Judith Bartnoff for one last acquittal.

Kiersh said the case should be acquitted because the prosecution, during its closing argument, used the words “thank God,” when referring to a witness, who was a server at the lounge, identifying Bayisa.

Kiersh cited a D.C. Court of Appeals ruling that prohibited the court from injecting God into judicial matters. Judge Bartnoff denied the acquittal because she did not think the prosecution was necessarily inserting God into the argument, but rather exclaiming a sigh of relief.

D.C. Police Investigate Officer-Involved Shooting in Brentwood

Evidence from a recent officer-involved shooting shows that there may have been an exchange of gunfire between the officer and decedent, according to the D.C. chief of police.

The Metropolitan Police Department is currently investigating a fatal shooting, involving an off-duty police officer, that occurred on the 2300 block of 15th Street, NE on May 9.

According to D.C. Police Chief Peter Newsham, there are witness statements and forensic evidence that suggest gunfire was exchanged between the officer and the decedent, D’Quan Young, 24. The chief could not give further explanation of the forensic evidence.

Even though gunfire is believed to have been exchanged, there are no other injuries from residents in the area.

However, Newsham said a car was struck by gunfire. Other vehicles were also towed away from the area.

The shooting took place near the Brentwood Recreation Center. The officer was allegedly attending a friend’s cookout. As of May 11, a decision of fault in the shooting had not been made.

Newsham said the police do not have evidence that tells why the shooting occurred. He said the police did not have any video footage of the shooting. There is body camera footage from on-duty officers who arrived on the scene after the shooting. The MPD is attempting to access privately owned video footage in the block for review, the chief said.

Newsham said the department is looking into whether proper notifications were made to police.

The officer is being represented by William Bland, an attorney with D.C. law firm Robert A Ades & Associates PC. The MPD has not interviewed the officer as of May 11, but, according to Newsham, the officer will make himself available for an interview. A time has not been confirmed.

There are rumors circulating that the officer had a duffle bag, but Newsham said he didn’t believe a duffle bag was recovered from the scene. “That’s the type of thing that happens in an investigation like this, you have multiple witnesses with different perspectives and different views, so to suggest there was a duffle bag up there would be premature,” he said.

Newsham said the firearm that was recovered on the scene is believed to have been the decedent’s weapon.

“We have a family in our community who is grieving,”Newsham said. “We want to make sure that we do everything that we possibly can to get them the answers.”

He cautioned residents to not use uncorroborated versions of events as an explanation of what happened. “We urge people to come forward and share their information,” Newsham said.

View the video from the press conference, here.

View the Washington Post’s story that sheds light on the victim’s family’s perspective of the incident, here.

Document: Shooting of 21-year-old in Congress Heights

On May 10, a 21-year-old was fatally shot on the 3300 black of 10th Place, SE.

Done Butler, a young man who was a resident in Southeast D.C. was found by the Metropolitan Police Department suffering from multiple gunshot wounds. He was transported to a local hospital where he was pronounced dead.

The homicide is the 51st the Washington, D.C. has had in 2018. According to D.C. Witness data, there were 43 homicides at this time last year.

D.C. Witness data also shows that there have been 12 homicides in the month of May, including a traffic fatality, pedestrian fatality and officer-involved shooting. There were 11 homicides in April, including a pedestrian and traffic fatality.

D.C. Police Chief Peter Newsham told reporters at a press conference May 11 that several of the homicides in D.C. have resulted from disputes. View the video of the press conference here.

Read about more homicides in D.C. by visiting dcwitness.org.

Document: Police-Involved Shooting in Brentwood

The Metropolitan Police Department’s Internal Affairs unit is currently investigating an officer-involved shooting that occurred on the 2300 block of 15th Street, NE on May 9.

According to a press release, an off duty MPD officer discharged his firearm striking D’Quan Young, 24. Young died later at a local hospital. The officer has been placed on administrative leave.

Anyone with information is asked to contact police at (202) 727-9099. Anonymous tips can also be sent, via text message, to the MPD’s text tip line, 50411.

Caption: A weapon that was found on the scene.

Movement of Edo’s Body Did Not Cause Death, Expert Says

As a murder trial against a 27-year-old who fatally assaulted a father of two daughters persists, the prosecution and defense tackle whether movement of the decedent’s body resulted in his death.

On May 10, a neurosurgical resident explained the severity of the neurological affects Kassaahun Abebe Edo, 35, sustained after allegedly being punched in the head by Milkiyas Bayisa on the 700 block of Fairmont Avenue, NW outside the Peace Lounge on Aug. 22, 2015.

According to the expert witness, the fact that Edo’s friends moved his body to get him to medical care had no bearing on his death. The neurosurgeon, who is a resident at Medstar Washington Hospital Center, said when Edo arrived at the hospital his neurological function was consistent with the numerological function of a dead person.

According to the doctor, Edo’s brain stem, which controls basic bodily functions such as breathing and consciousness, was severely damaged.

“He was too injured … medically futile to proceed with any surgical intervention,” the witness said.

Edo’s wife removed him from life support on Aug. 23, 2015, after he was diagnosed as being brain dead.

As of May 10, jury instructions included sentencing charges of second-degree murder and involuntary manslaughter.

On May 9, officers, emergency personnel and the victim’s friend corroborated counsels’ statements that there wasn’t previous tension or animosity between Bayisa and Edo before the incident that occurred during the early morning hours. Edo, who was a resident of Texas, was in Washington, D.C. for a friend’s wedding.

Surveillance footage shows Edo walking down the street with his hands in his pockets when Bayisa allegedly attacks him.

The prosecution has one more witness to present, the medical examiner who performed the autopsy on Edo’s body, on May 14. Even though defense attorney Steven Kiersh said he plans to present a case, the judge, jury and counsel expect to proceed to closing arguments on Monday as well.

Document: Homicide of Juvenile Male in SE D.C.

The Metropolitan Police Department found a juvenile male suffering from gunshot wounds on the 300 block of Anacostia Road, SE on May 9.

Domoni Gaither, 17, was pronounced dead on the scene.

Police are currently investigating the case. Anyone with information should call the police at 202-727-9099 or, if you wish to remain anonymous, information can be submitted through the department’s text tip line at 50411.

Up to $25,000 may be offered for information that leads to an arrest and conviction in this homicide or any other homicide in D.C.

To learn about other homicides in D.C., please visit dcwitness.org.

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