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Jury finds Davon Peyton guilty of involuntary manslaughter

A two-week long homicide trial came to a close Feb. 16 when a jury found Davon Peyton guilty of involuntary manslaughter and related weapons charges for the fatal shooting of 21-year-old Ray Andre Harrison.

According to the Metropolitan Police Department, Peyton, 27, shot Harrison on the 1300 block of Adams Street, NE on Nov. 13, 2015. Peyton was initially charged with second-degree murder while armed. The trial officially started on Feb. 5.

Assistant United States Attorneys Jennifer Fischer and Katie Earnest opened their case by claiming that Peyton shot Harrison in a fit of rage.

In the prosecution’s opening statement Fischer said Harrison and his girlfriend, along with his girlfriend’s friend, drove to Peyton’s house in the early morning hours.

The incident allegedly happened when Harrison knocked on Peyton’s 7-year-old daughter’s window, provoking him to answer the door with a loaded gun. From there, a verbal altercation turned physical and Harrison punched Peyton.

Peyton’s ex-girlfriend, who also lived in the residence, testified that she never saw Peyton grab his gun on the night of the homicide, but the prosecution presented video clips from MPD that showed the ex-girlfriend telling police that Peyton grabbed his gun after seeing someone at the window. The ex-girlfriend also signed off on a police report that stated she “witnessed Peyton shoot Harrison.”

The prosecution also called Harrison’s girlfriend to the stand.

According to the girlfriend, her best friend came into town for a surprise visit and met Harrison that night. She said they wanted to show her a good time, so they decided to go to Peyton’s house to get marijuana.

Harrison’s girlfriend said that he called Peyton “at least two times” before they decided to go to his residence, but Peyton never answered the phone.

According to phone records, Harrison called twice after midnight, but both calls were ignored. The records also showed that Peyton made outgoing calls after he ignored Harrison’s calls.

The girlfriend said, when Peyton answered the door, the men got into an argument. She said she heard Harrison tell Peyton to calm down before she heard a gunshot.

Earnest played the girlfriend’s 911 call for the jury. Peyton is heard in the background telling Harrison’s girlfriend to give the wrong address to the dispatcher. In addition to the 911 call, the prosecution also played a voicemail that Peyton’s girlfriend left for him while she was talking to detectives. In the voicemail, she told Peyton that he “needs to make better decisions.” Earnest said the voicemail showed Peyton acted intentionally when he shot Harrison.

The prosecution stated that after the shooting, Peyton fled the scene. Police located and arrested Peyton one week later on Nov. 21, 2015, at another girlfriend’s house. Police also found the gun stashed under a pile of clothes in a closet in the house.

Joseph Wong and Matthew Davies, Peyton’s attorneys, laid out a different scenario in their opening statement.

According to the defense, Peyton didn’t try to kill or hurt Harrison, instead Peyton was jolted awake by someone banging on his daughter’s window in the middle of the night and grabbed his gun for protection.

The defense said Harrison began assaulting Peyton at his doorstep, and Peyton’s gun went off accidentally. Peyton’s DNA was found under Harrison’s nails.

“This was not a murder,” Wong told the jury. “This was a tragic accident.”

The defense presented evidence that, at the time of the altercation, Harrison was intoxicated.

The defense also emphasized that Peyton’s ex-girlfriend told the police that he “didn’t mean to” shoot Harrison and that the shooting was an accident.

On Feb. 13, Peyton took the witness stand to claim once again that Harrison was shot accidentally.

Peyton testified that he had a “business” relationship with Harrison, and that he would often provide Harrison with marijuana in exchange for rides.

According to Peyton, Harrison became defensive and angry and began assaulting him while at his apartment. After being punched in the face, Peyton said his gun went off by accident.

When he realized Harrison had been shot, Peyton said he tended to Harrison and instructed those around him to call 911.

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

Davies said everything Peyton did on the night of the altercation was in reaction to Harrison.

The defense claimed Peyton “woke up to a parent’s worst nightmare” when he heard banging on his 7-year-old daughter’s window in the middle of the night.

However, when Earnest presented the prosecution’s closing argument, she stated that Peyton’s testimony was illogical.

According to Earnest, self-defense is not applicable for Peyton because he made the conscious decision to grab a loaded gun and go through two sets of locked doors instead of calling the police.

“Peyton saying ‘I’m sorry’ doesn’t bring Ray Harrison back,” said Earnest. “Saying ‘I’m sorry’ does not make Davon Peyton not guilty.”

The jury of nine women and three men deliberated for one day before convicting Peyton of involuntary manslaughter and related arms charges.

Peyton is scheduled to appear before Judge Danya Dayson on April 13 for sentencing.

Benito Valdez found guilty of triple homicide

After deliberating for two days, a jury found Feb. 16 Benito Valdez guilty of first-degree murder while armed for the homicides of Curtis Pixley, 29; Keith Simmons, 24; and Samantha Gillard, 23, on April 23, 1991 in Langdon Park, located on the 1800 block of Franklin Street, NE.

Valdez was also found guilty of three counts of kidnapping while armed and one count of sodomy while armed. He is scheduled to be sentenced by Judge Judith Bartnoff on April 13, 2018.

Prosecution claims 2015 homicide was an act of revenge

As part of the prosecution’s opening statements in a murder trial Feb. 15, the death of Marcellus Green. resulted from an act of revenge.

The prosecution said Dominique Xavier Williams allegedly wanted to make a statement to the person who threatened him, and Steven Pugh wanted seek revenge for his girlfriend, whose tires were slashed on the 3200 block of 28th Street, SE, when they allegedly shot and killed Green during a drive-by shooting. Green was not the intended target.

The prosecution said Green, 39, was sitting outside of an apartment complex on the 3200 block of 28th Street, SE, on Sept. 19, 2015, when he was killed.

According to the prosecution, Pugh was the driver, Maricco Knight was in the front passenger seat, and Williams was the alleged shooter.

Pugh’s girlfriend owned the 2008 Honda Accord that he drove. She told the jury that she gave Pugh the keys so he could go to a party. The girlfriend said Pugh didn’t return until the next morning.

In addition to testifying that she lent Pugh her car, the girlfriend also said she received what seemed like an accidental phone call from Williams. She said she heard snippets of a conversation where Williams talked about a high speed chase, police and gunshots.

Williams is charged with first-degree murder while armed, Pugh signed a plea agreement that will drop his charges to second-degree murder and Knight is charged with accessory after the fact while armed. Knight is currently released under the High Intensity Supervision Program (HISP), a release program for higher risk defendants who have been charged with violent misdemeanors and felonies.

The trial is expected to continue on Feb. 20.

Thomas Joyner pleads guilty to 2016 homicide

On Feb. 16, Thomas Joyner pleaded guilty to one count of second-degree murder while armed for fatally shooting Joe Cook on Sept. 6, 2016.

As part of the plea agreement, the prosecution dismissed the remaining charges on the indictment, including second-degree theft, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, first-degree murder while armed and unlawful possession of a firearm.

Joyner’s sentencing is set for April 13 at 9:30 a.m.

Prosecution calls more eyewitnesses on 3rd day of murder trial

On the third day of a murder trial, the prosecution called Feb. 15 two eyewitnesses to give their stories of a series of events during and after an alleged homicide on Oct. 20, 2015.

Kevin Chase and Demetrius Brandon are charged with first-degree murder while armed for the alleged shooting death of Marcus Manor on the 2900 block of Sherman Avenue, NW.

One witness, who works for the U.S. Department of Health and Human Services, said he saw the shooting occur while he was on his way to work.

The witness said that when he stopped at a traffic light, he saw a young, thin black man in a dark hoodie, light pants and white sneakers go from allegedly talking with an unidentified person inside of a car to pointing a gun and firing several gunshots inside the car with his right hand. The witness’ testimony contradicts with an earlier testimony of the shooter using both hands when firing.

The witness also said the shooter started to run in his direction but turned and ran up Harvard Street, NW. He said he was panicked after the shooting and pulled over, down the road, to call 911. The prosecution played the witness’ 911 call for the jury. The witness identified Chase in a photo lineup for the Metropolitan Police Department and in the courtroom.

Another eyewitness, who worked as a civil engineer, said he was working, with two other men, on a contract in the area when he heard a series of gunshots. The witness identified the shooter, who ran northbound on Sherman Avenue, NW as a young, thin black male. The witness said he only saw a profile view of the shooter because he turned away several times, he said he did not see the shooter wearing a dark hoodie. He also said the shooter looked “disheveled.”

The witness said he glimpsed the shooter get into a dark car at the gas station at the interaction of Harvard Street, NW and Sherman Avenue, NW.

In addition to the eyewitnesses, the prosecution also called a forensic scientist, Brandon’s girlfriend and a MPD detective to the stand.

The detective said videos were taken from cameras located on Chase’s sister’s apartment building, business establishments in the immediate area and an MPD crime camera on the corner of Harvard Street, NW and Sherman Avenue, NW. The videos showed a black thin man leaving the apartment and a dark car, that was at first, parked in front the building, but then proceed northbound on Sherman Avenue, NW.

The defense pointed out the car and the person seen in the video could not be clearly identified. Also, the timing of the tapings could not be verified.

Through a search warrant, the forensic scientist extracted a pair of white and black tennis, a dark jacket, an identification card and mail from the apartment of Chase’s sister.

The trial is expected to continue on Feb. 20.

Prosecution urges jury to convict alleged shooter

The prosecution in a 2015 murder trial recently said 27-year-old Davon Peyton‘s testimony about
21-year-old Ray Andre Harrison’s death was illogical.

In response to the defense’s closing argument, Assistant United States Attorney Katie Earnest said Feb. 15 that self-defense is not applicable for Peyton because he made the conscious decision to grab a loaded gun and go through two sets of locked doors instead of calling the police.

According to the prosecution, Peyton was angry with Harrison and his actions conflicted with his testimony. On Feb. 13, Peyton said he wanted to protect his girlfriend and her 7-year-old daughter, but Earnest pointed out that fleeing the scene with the murder weapon indicated a different story.

Earnest said Harrison was fighting for his life when the altercation occurred, which the DNA evidence supported. She also said Peyton’s phone records showed that Harrison’s visit was not unexpected.

The prosecution played a voicemail that Peyton’s girlfriend left for him while she was talking to detectives. In the voicemail, she told Peyton that “needs to make better decisions.” Earnest said the voicemail showed Peyton acted intentionally when he shot Harrison.

“Peyton saying ‘I’m sorry’ doesn’t bring Ray Harrison back,” said Earnest. “Saying ‘I’m sorry’ does not make Davon Peyton not guilty.”

Is Davon Peyton Guilty?

The prosecution, during the second week of a 2015 murder trial, referred to 27-year-old Davon Peyton as an angry man, who showed a “conscious disregard” to the possibility of death or serious bodily injury.

Assistant United State Attorney Katie Earnest told the jury Feb. 14, during her closing statement, that the homicide of Ray Andre Harrison was not an accident. The trial began on Feb. 6. Peyton is charged with second-degree murder while armed.

During the prosecution’s closing argument, Earnest presented a picture of the 21-year-old murder victim and pressed the jury to find Peyton guilty of second-degree murder while armed.

Earnest also contested the defense’s argument that Harrison’s 2:30 a.m. visit on Nov. 13, 2015, was unexpected. She referred to Peyton’s phone records, emphasizing that Peyton made outgoing calls after screening two calls from Harrison after midnight.

Additionally, Earnest replayed the 911 call made by Harrison’s girlfriend after he was shot. During the call, Peyton is heard urging the girlfriend to give an incorrect address to the operator.

The prosecution also stressed the fact that Peyton fled the scene and hid the gun used to shoot Harrison in a closet in a second girlfriend’s home.

According to the prosecution, Peyton’s actions were intentional.

Peyton’s attorney, Matthew Davies, said everything Peyton did on the night of the altercation was in reaction to Harrison.

Davies said that Peyton “woke up to a parent’s worst nightmare” when he heard banging on his 7-year-old daughter’s window in the middle of the night.

According to the defense, Harrison felt disrespected by Peyton ignoring him and started to assault him at his doorstep. In the midst of the tussle, Peyton’s gun went off accidentally.

Davies also said the prosecution had not proven their case and that “Ray Harrison died in a tragic accident.”

At the end of his closing statement, Davies played a video of Peyton’s girlfriend talking to an officer after the shooting in which she said “he didn’t mean to” shoot Harrison. He also showed a video of her speaking to detectives in which she says “it was an accident.”

The prosecution is scheduled to give their rebuttal on Feb. 15.

Jury deliberates on 1991 murder trial

On Feb. 14, the prosecution responded to the defense’s allegations of conspiring witnesses against the defendant.

Assistant United States Attorney Laura Bach reminded the jury that even though the government provided witness testimony from the grand jury, the government could not say whatever it wanted. Rules still needed to be followed, she said.

The four week-long triple homicide trial against Benito Valdez, who is charged with first-degree murder while armed, is now in the stage of jury deliberations. The trial began on Jan. 23.

Bach told the jury that while the prosecution should be held to a high standard of proving the crimes beyond a reasonable doubt, they were not required to prove anything with absolute certainty since the crimes happened more than two decades ago.

She said the only thing the prosecution had to prove were the elements of the crime. Bach told the jury there was no doubt three people were killed with two separate guns, DNA from the defendant was found on Samantha Gillard‘s clothing, and Michael Green, an eyewitness in the trial, pled guilty to three counts of voluntary manslaughter for the homicides of Curtis Pixley, 29; Keith Simmons, 24; and Gillard, 23 on April 23, 1991.

Furthermore, Bach said multiple witnesses testified that Valdez not only admitted to the homicides, but also to being the sole shooter.

Counsel delivers closing arguments for 1991 triple homicide trial

Four weeks after the murder trial against Benito Valdez began, counsel gave their closing arguments for the 1991 triple homicide case. The trial began on Jan. 23.

During the prosecution’s closing argument, Assistant United States Attorney Laura Bach reviewed DNA samples found on Samantha Gillard‘s body. Bach said Gillard, 23, and Valdez’s DNA were mixed together and found on Gillard’s left arm jacket sleeve and on her pants.

The prosecution also said making the victims lay face down and firing 17 times with two separate guns qualified as first-degree murder.

The defense disagreed, saying Valdez was not guilty. Valdez’s attorney, Madalyn Harvey, said the prosecution had not proved its case.

Judge Judith Bartnoff also struck Michael A. Green’s testimony about Valdez paying someone named “Tricky Rick” to tell officers that he and Valdez were elsewhere during the homicide.

The prosecution is scheduled to give their rebuttal on Feb. 14.

Valdez is charged with first-degree murder while armed for allegedly fatally shooting Curtis Pixley, 29, Keith Simmons, 24, and Gillard.

Alleged shooter claims death was an accident

The defendant in a 2015 homicide case took the witness stand Feb. 13 to explain that the fatal shooting of 21-year-old Ray Andre Harrison was accidental.

Davon Peyton, 27, testified that he had a “business” relationship with Harrison, and that he would often provide Harrison with marijuana in exchange for rides.

Peyton said he spoke to Harrison on the phone during the afternoon before the shooting, but Harrison did not indicate he had plans to show at Peyton’s apartment later that night.

According to Peyton, Harrison became defensive and angry and began assaulting him while at his apartment. After being punched in the face, Peyton said his gun went off by accident.

When he realized that Harrison had been shot, Peyton said he tended to Harrison and instructed those around him to call 911.

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

A toxicology expert told the jury that Harrison had a blood alcohol concentration level of 0.16 percent. The legal limit in D.C. in .07 percent.

Peyton is expected to be cross examined by the prosecution on Feb. 14.