Kelby Gordon Guilty of Murdering FBI Building Janitor

Kelby Gordon was found guilty July 23 of murdering Gabriel Carlos Turner.

After two days of deliberation, a jury convicted Gordon, 32, of second-degree murder while armed, assault with intent to kill while armed and related firearm offenses.

The shooting occurred on the 2600 block of Birney Place, SE. Gordon was charged with first-degree murder while armed in 2016.

On the morning of July 9, the prosecution delivered their opening statements, telling the jury that evidence, including shell casings and Turner’s sweatshirt and wallet, would show that Gordon accidently shot Turner while trying to rob an unnamed individual.

The prosecution told the jury that Turner, who just had breakfast with his mother, was making his way to a bus stop when he was shot in the back. “He didn’t see it coming” the lawyer said. “One shot, that was all it took and he immediately fell to the ground.”

According to the District of Columbia’s Office of the Chief Medical Examiner, the bullet traveled from Turner’s back to his head.

The prosecution also provided a compilation of surveillance footage that showed the shooter chasing an unnamed suspect and shooting Turner. The video shows both Turner and the unnamed individual ducking to avoid the bullet.

The individual believed to be the shooter is seen by multiple surveillance cameras running to a nearby apartment complex.

The prosecution’s first witness was a Metropolitan Police Department detective who was working undercover on the block where Turner was shot. The officer identified Gordon and also provided video footage she secured during her assignment, of Gordon, whom she knew as “Milly.”

The prosecution’s next witness was the defendant’s ex-girlfriend who lived in proximity to the shooting. She said Gordon told her he killed Turner. “He tried to rob someone and it went wrong,” she said. “He saw someone with cash and wanted to take it.”

The jury also heard from a cooperating witness who is awaiting sentencing for a second-degree murder that he committed in 2013.

According to the witness, Gordon told him that he was in his friend’s car when he saw someone with some money and pulled out his gun to go steal it. The witness said Gordon said he saw the unnamed individual reach for a gun.

This was not a case of mistaken identity. The witness testimonies and the evidence align perfectly, the prosecution said. “The path that law enforcement took, led them straight to the defendant.”

The defense told the jury that there is inadequate evidence to convict Gordon of murder. He said there is no DNA evidence that would tie Gordon to the murder, emphasizing that there were no fingerprints, no “touch DNA” and the murder weapon wasn’t discovered.

Defense Attorney Richard Holliday said the prosecution’s case relied on two witnesses, one who fabricated a story to get a lesser sentence and the other who fabricated a story to receive witness protection benefits.

The defense argued that the unnamed individual, whom Gordon was attempting to rob, also had a firearm and could have killed Turner.

Holliday told the jury that throughout the entire trial, there was no forensic evidence that tied Gordon to Turner’s shooting. Although the video that the prosecution provided clearly shows a video of two shooters, “you will never know conclusively who shot the fatal shot,” he said.

Gordon is scheduled to be sentenced on Sept. 21.

Prosecution Offers Murder Defendants Plea Deal

On July 24, prosecutors offered two murder defendants plea deals.

Michael Leonard Jones and Khalil Davis are charged with first-degree murder while armed for allegedly shooting Omar Earl Rogers in the parking lot of Uniontown Bar and Grill on the 2200 block of Martin Luther King Jr. Avenue, SE. According to court documents, Rogers, 25, was shot in his car and then driven to a hospital where he was pronounced dead. Jones, 22, and Davis, 22, pled not guilty to the crime, which occurred in 2017.

According to court documents, witness testimony was inconsistent about whether the shots came from another vehicle or from a person standing in the parking lot. A witness also said Rogers backed his car into another vehicle and that someone who got out of that vehicle was the shooter.

“I know these are serious decisions and I want you to have time to talk to your lawyers about them… If the plea makes sense to you, do it,” said D.C. Superior Court Judge Judith Bartnoff. “If not, we’ll have a trial.”

Davis and Jones are expected to have a decision by their next status hearing scheduled on Aug. 8.

Judge Denies Defense Request for Unredacted Documents

On July 23, a DC Superior Court judge denied the defense’s request for unredacted documents in a murder case.

Robert Edward Green, 27, is charged with first-degree murder while armed for allegedly shooting Andre Junior. According to the Metropolitan Police Department, Junior, 43, was found suffering from multiple gunshot wounds on the 1500 block of Park Road, NW on March 15.

According to the prosecution, police are investigating another unnamed individual in connection to Junior’s death. However, no arrests have been made.

During a felony status conference, Green’s defense attorney, Eugene Ohm, requested that the prosecution hand over unredacted versions of documents.

The prosecutor told Judge Danya Dayson that the defense did not need the unredacted versions because the only thing missing was personal information about the witnesses. Subseqently, Judge Dayson denied the defense’s request.

Green is scheduled for another felony status conference on Sept. 17.

Defense Files Motion to Continue 2015 Murder Trial

Seven weeks before a murder trial was scheduled to begin, defense attorneys told a DC Superior Court judge that they would not be available.

On July 20, Rasheed Murray’s attorneys, Jeffrey Stein and Mani Golzari, filed a motion to push the Sept. 5 trial date back because they had another trial on the same date. Stein told Judge Milton Lee that the other trial was scheduled before the public defender’s office placed him on Murray’s case.

Co-defendants Murray and Ryan Thompson are charged with second-degree murder and reckless driving for their alleged involvement in the death of 24-year-old Matthew Roth at the intersection of 16th Street and Madison Street, NW in 2015. Murray, 31, is also charged with driving under the influence.

Judge Lee questioned why Stein and Golzari brought the scheduling conflict to his attention a few weeks before the trial date. Furthermore, Judge Lee said he believed the public defender’s office thought he would grant the continuance based on the fact that the defendant in the other trial is being held in jail while Murray and Thompson are currently released under the High Intensity Supervision Program.

Golzari told the judge that the issue was not “cut and dry.” He said he spoke with staff at the public defender’s office about the possibility of giving the case to another attorney that was available. However, Golzari said he believes reassigning the case would infringe his client’s constitutional right to a fair trial. Golzari said a new lawyer would not be as prepared as himself and Stein.

The prosecution argued against the delay, saying the defense knew about their scheduling conflict earlier and failed to notify the court.

Thompson’s attorneys, Todd Baldwin and Rebecca Bloch, did not favor or argue against the delay.

Judge Lee gave the defense a week to find new counsel for Murray.

Murray and Thompson are scheduled for a trial readiness hearing on July 27.

Judge Sentences Convicted Murderer to Nearly 50 Years

On July 20, a DC Superior Court judge sentenced a man convicted of murdering his ex-girlfriend to 49.5 years in prison.

A jury found Donald Hairston guilty of first-degree murder while armed for the shooting death of Stephanie Goodloe on the 700 block of Kentucky Avenue, SE in 2016. Apparently, Hairston snuck into Goodloe’s home in the middle of the night and shot her five times. In the weeks prior to the murder, Goodloe filed a restraining order against Hairston, who threatened to kill her.

Hairston, 51, was also convicted of possessing a firearm during a crime of violence, burglary while armed, unlawful possession of a firearm during a crime of violence, stalking and violating a civil protection order.

During Hairston’s sentencing, Goodloe’s cousin read a letter on behalf of her family, who was present in the courtroom, which noted the grief they all endured.

The cousin talked about the emotional strain placed on Goodloe’s daughter, who was in the house on the night of the murder. He spoke about how the daughter saw Hairston pause in her doorway after shooting her mother and being too afraid to move because she was afraid he’d kill her. The daughter, who was 11 years old at the time of the murder, testified against Hairston during the trial.

The family asked the judge to impose the maximum sentence of 61.5 years, “ensuring that (the daughter) will never have to fear his shadow looming in her doorway,” the cousin said.

Subsequently, Hairston’s biological daughter spoke in favor of her father and requested that he be given the minimum sentence of 30 years. She told the court that while her father is “flawed” he’s not a murderer. She spoke of how he was hands on during her childhood, has “unflinching strength” and cared for her entire family. She mentioned that while Goodloe’s daughter was not her father’s biological child, he treated her as if she was his own.

Hairston addressed the court and reasserted his innocence. “ I did not do this,” he said.

Judge Danya Dayson said she would not impose the maximum sentence because Hairston’s criminal history was mostly of nonviolent weapons charges. However, she said, based on the murder conviction, the minimum sentence would not be appropriate.

Defense counsel, Lauren Johnson and Mani Golzari, said they plan to appeal the case and said they, “ truly believe the jury got it wrong.”

Hairston will also serve three additional years on supervised release following his prison term.

Document: Fatal Stabbing on Southern Ave., SE

The Metropolitan Police Department is currently investigating a fatal stabbing on the 400 block of Southern Avenue, SE.

On July 22, police found 22-year-old Ivey Coleman suffering from multiple stab wounds. He died on the scene.

A reward of up to $25,000 is being offered for information that leads to an arrest and conviction in the case or any other homicide in DC.

Judge Takes Murder Defendant Off Supervised Release

Four months after being found not guilty, a man accused of murder was allowed to opt out of the High Intensity Supervision Program (HISP).

“He’s been a model on HISP,” said DC Superior Court Judge Ronna Beck. “He’s been totally in compliance.”

Demetrius Brandon was charged with first-degree murder while armed for the shooting death of Marcus Manor on the 2900 block of Sherman Avenue, NW in 2015. His co-defendant, Kevin Chase, later admitted to shooting Manor, 38, in self-defense. Brandon was found not guilty of first-degree murder and possessing a firearm during a crime of violence.

Judge Beck said Brandon’s participation in Project Empowerment, a job training program, and the fact that Brandon promptly reinstalled his GPS locator after returning from his sister’s wedding in Las Vegas justified her decision to take him off HISP. Brandon will continue to be randomly drug tested but will not have a curfew.

According to the prosecution, Brandon, who was 29 at the time of the incident, and Chase premeditated Manor’s murder. However, the defense argued that Chase thought Manor was reaching for a gun on the day of the incident. Defense attorneys said Manor was known for his violent behavior and that Chase acted out of fear. Apparently, Manor and Chase’s sister were involved in a violent relationship.

Brandon was implicated in the homicide after picking Chase up at a nearby gas station, according to defense attorneys. Defense attorneys said Brandon was just at the wrong place at the wrong time. A jury was not able to reach a unanimous decision on whether Brandon should be convicted as an accessory after the fact in an assault with the intent to kill. The jury could also not agree on whether Chase was guilty of murder. Both men are scheduled for another trial on their unresolved charges on Jan. 29, 2019.

A trial readiness hearing is scheduled on Jan. 18, 2019.

Defense Counsel Requests Defendant’s Release Under Personal Recognizance

After serving more than a year on the High Intensity Supervision Program (HISP), defense counsel requested that a murder defendant be released under personal recognizance.

Taron Oliver is charged with first-degree murder while armed for allegedly shooting his stepfather, Nathaniel Williams, on the 3100 block of 20th Street, SE in 1995. According to court documents, Williams, 41, sustained five gunshot wounds to the head. Williams and Oliver’s mother were involved in a romantic relationship. Allegedly there was a history of domestic violence between the two. Oliver was arrested in 2016, nearly 20 years after the murder took place.

DC Superior Court Judge Craig Iscoe determined Oliver, 43, was completely compliant with his release conditions. Oliver has been held on HISP since March 2017.

Because the prosecution changed attorneys, the new prosecutor told Judge Iscoe he does not yet know enough about Oliver’s situation to make a statement about his release on personal recognizance. He said he expects to have a decision within the next two weeks.

Defense counsel said they will have a written motion for release by the next status hearing, scheduled on Aug. 2. Oliver’s jury trial is scheduled on Sept. 16, 2019.

Man Sentenced After Changing Plea Back to Guilty

On July 20, a murder defendant was sentenced to 33 years in prison for two counts of second-degree murder while armed.

David Bright, who initially pled guilty to shooting his roommates, was finally sentenced after changing his plea two times. In 2016, Bright, 31, shot his roommates, Clifton Francis, 51, and David Watkins Jr., 45, on the 500 block of 58th Street, NE.

Bright’s defense attorney asked DC Superior Court Judge Ronna Beck to recommend that Bright be sent to a prison known for making mental health services available to inmates. After a sentencing in May, Bright’s mother claimed that her son did not receive adequate services for his mental health issues while he was being detained.

Prosecutors said they would not have a problem with this, and Judge Beck agreed to suggest an “appropriate institution.”

Bright will serve five additional years on supervised release following his prison term.

Former Marine Pleads Guilty To 2012 Murder

After appealing his case, a former member of the U.S. Marine Corps is scheduled to receive a shorter sentence after pleading guilty to a fatal stabbing.

Michael Poth pled guilty July 20 to voluntary manslaughter. According to his plea agreement, Poth could receive a sentence of up to seven and a half years in prison. In 2013, he was initially sentenced to 11 years and three months in prison for voluntary manslaughter while armed for stabbing Philip Bushong, who was a lance corporal in the Marines, on the 700 block of 8th Street, SE. Poth was a private first class before the incident.

Lance Corporal Philip Bushong was fatally stabbed by a fellow Marine in 2012.

Bushong, 23, called Poth, 26, a “boot,” which is a slang term used to identify an inexperienced military recruit. Poth considered the term derogatory. Poth called Bushong a “faggot,” and after a verbal altercation, stabbed Bushong with a pocket knife. According to the US Attorney’s Office for the District of Columbia, the men did not know each other.

After serving his term, Poth will also be required to serve five additional years on supervised release. The judge said Poth would receive credit for time he’s already served since his sentencing in 2013.

Poth’s case was reopened after a juror failed to disclose that he was a registered sex offender. In light of the violation, Poth appealed the conviction and received a new trial. Poth accepted the plea days before his July 23 trial was scheduled to begin.

He is scheduled to be sentenced on Aug. 17.

Document: Police Arrest Suspect in June Homicide

Officers from the Metropolitan Police Department arrested July 20 Bernard McKinney.

McKinney, 17, is suspected of fatally shooting Daymond Chicas on June 11. Chicas, 24, died at a local hospital from gunshot wounds on June 12.

According to the DC Courts, McKinney’s presentment took place on July 21. He is being charged as an adult for first-degree murder while armed.

A preliminary hearing is scheduled for July 31.

Follow D.C. Witness for updates on the case.

Document: Homicide on Rhode Island Ave., NE

The Metropolitan Police Department is currently investigating a fatal shooting that occurred on the 300 block of Rhode Island Avenue, NE on July 20.

James Tyrone Eaton, 26, was found in a residence suffering from gunshot wounds. Eaton died on the scene.

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

Document: Homicide on 19th Street, SE

The Metropolitan Police Department is investigating a fatal stabbing that occurred on the 1500 block of 19th Street, SE on July 19.

According to police, 44-year-old Lusharone Nicholson was found inside a residence suffering from apparent stab wounds.

Up to a $25,000 reward is being offered for information that leads to an arrest and conviction for this homicide or any other homicide in DC. Nicholson died on the scene.

Jury Finds Defendants Guilty in Apartment Stabbing

After deliberating for three days, a jury found three men guilty of murder.

Charles McRae, Willie Glover and Joseph Barbour killed Lenard Wills in an apartment on the 700 block of 24th Street, NE.

McRae was found guilty of felony murder while armed under aggravated circumstances, burglary one while armed, attempt to commit robbery while armed, assault with intent to commit robbery while armed and simple assault. He was found not guilty of possession of a firearm during a crime of violence.

Barbour,38, was found guilty of felony murder while armed under aggravated circumstances, possession of a firearm during a crime of violence, burglary one while armed, attempt to commit robbery while armed, assault with intent to commit robbery while armed, unlawful possession with a prior conviction, assault with a dangerous weapon and simple assault. Barbour was found not guilty of carrying a pistol with a prior felony.

Glover, 40, was found guilty of felony murder while armed under aggravating circumstances, possession of a firearm during a crime of violence, burglary one while armed, attempt to commit robbery while armed, assault with intent to commit robbery while armed and assault with a dangerous weapon. He was found not guilty of carrying a pistol without a license.

What Happened?

One night in 2015, witnesses said three men stormed into the crowded apartment demanding money. When the chaos subsided, Wills, 50, was dead.

According to court documents and testimony from several witnesses, on the day of the incident, McRae and Wills’ girlfriend argued about money. Witnesses said McRae then left the apartment.

According to witness testimony, Wills was sitting at the dining room table smoking a cigarette and drinking beer before the robbers entered.

Another witness said McRae shouted “you know what time it is!” as he came back to the apartment with Barbour and Glover who were wearing masks. “Get out the way-this has nothing to do with you,” McRae told the people near Wills. The men demanded money from Wills and beat him with their guns.

A witness, who said he often acted as the apartment’s unofficial “doorman,” identified Barbour and Glover.

According to witness testimony, when the men began beating Wills, he swung a knife at them. McRae then grabbed a knife from a drying rack in the kitchen, walked over to the scuffle and stabbed Wills.

Wills was apparently speaking and moving around for some time after the stabbing. He asked to be taken to the hospital, then asked for someone to call an ambulance.

“I ain’t gonna make it drivin’,” Wills said according to a witness.

Another witness said he saw Glover get in his van and speed off after the attack. Soon after the incident, a speed-camera snapped a picture of Glover’s license plate.

The Metropolitan Police Department arrived to find people fleeing the building, blood in the hallway and Wills lying on the apartment floor, his breathing labored.

A medical examiner confirmed the cause of Wills’ death was multiple stab wounds to the torso. The examiner also found blunt-force injuries caused by a small or medium-sized heavy objecton Wills’ head and face.

DNA taken from the living room floor was a mixture from three individuals. The only person who could be identified by DNA testing was Barbour, who was stabbed during the incident.

MPD recovered a knife covered in Barbour’s blood. During trial, a forensic analyst testified that she could not be sure if the knife was used to kill Wills. She said it was possible that a kitchen knife was used instead.

Another man, arrested for crossing police lines near where Barbour was detained, had a kitchen knife slung through his waistband. The knife was never tested as a potential murder weapon. The man was not charged in connection to the murder.

Samuel Delgado, Barbour’s defense attorney, said his client was an innocent victim of the attack, and the real third attacker “ran from (the apartment) into the night forevermore.”

Delgado urged jurors to disregard the witnesses’ testimonies. “They had been binging on crack cocaine and heroin for days,” the attorney said. “Those witnesses were malleable as a lump of clay… (The lead detective) began to mold his own version of the truth.”

Delgado also complained that some witnesses, who claimed to want to do the right thing by testifying, had not voluntarily spoken to police after the incident. He said the witnesses came forward after being detained for other crimes.

Delgado said witnesses gossiped with each other, corrupting their own memories of what happened and creating false narratives in the minds of people who were not actually there.

During his closing argument, McRae’s attorney, Elliott Queen, cited a witness who he said was more reliable than the others because she held a steady job at the U.S. Post Office. That witness said she did not recognize the unmasked robber, who others identified as McRae, despite being a regular at the apartment.

Queen said his client’s relationship with Wills and his girlfriend was friendly. According to Queen, when McRae and Wills argued, it was usually about sports, specifically “a quarterback controversy.”

“What this evidence clearly shows… Is that Mr. McRae went to (the apartment) to get high (and) walked in at the wrong time,” Queen said.

Closing statements concluded on July 12, three weeks after the trial began on June 19.

The co-defendants are scheduled to be sentenced on Sept. 14.

Did A Murder Defendant Violate His Plea Agreement?

A man who pled guilty to murder may have violated his plea agreement by possibly lying while under oath during another murder trial.

Paul Swann is currently on trial for second-degree murder while armed for the death of Adam Barker on the 2700 block of Langston Place, SE in 2016. According to court documents, Barker, 21, was approached by Swann, 24; Traveous Brown; and one other person after a brief verbal altercation. Swann and Brown then allegedly shot at Barker.

Brown, 28, pled guilty to second-degree murder while armed on June 14 for his involvement with Barker’s death. His sentence for the murder would run concurrent to the 27 years Brown received for an unrelated robbery conviction in Virginia.

Even though Brown pled guilty, he still implicated Swann in the murder. “Swann pulled out a gun and decided to shoot Barker,” Brown told the jury. Brown said he pulled out his gun as well and shot twice at Barker’s friend, a man called “Juice.”

During cross-examination, Brown denied killing Barker. He said Swann was the one who killed him. Under his plea agreement, Brown could receive a lighter sentence for testifying.

During trial on July 19, while the jury was out, the prosecution played three phone calls from March 30, 2016, after Swann was arrested. During these calls, Swann told his grandmother about his concerns over Brown.

“They’re lying on me… I did not do this,” Swann told his grandmother. Swann was first arrested on a robbery charge in Virginia on March 8, 2016. Swann said he was “aware of the damage [Brown] can do.”

DC Superior Court Judge Ronna Beck told counsel that it’s unclear whether the cooperation Swann discussed in the calls referred to the robbery charges or Barker’s murder. Judge Beck said she has not made a decision about whether the calls would be admitted as relevant evidence.

Swann’s trial is scheduled to proceed to closing arguments on July 23.

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