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Judge Denies Murder Defendant’s Bond Review


During a hearing on June 22, a DC Superior Court judge denied the defense’s motion for a bond review.

Antonio Upshaw is charged with first-degree murder while armed. He allegedly shot Tyrone Johnson, 24, at Lee’s Liquor, a liquor store located on the 2300 block of Pennsylvania Avenue, SE, in 2017. Upshaw has been on a no bond status since December of 2017. 

Judge Judith Bartnoff denied the defense’s motion because there was not any evidence that would warrant the court to set a bond. 

According to court documents, witnesses heard gunshots coming from an alley and saw a gray sedan leaving the alley soon after. Surveillance videos captured a man, who looked like Upshaw, 28, sitting in the passenger seat of the vehicle.

Another felony status conference is scheduled for July 20. Upshaw’s case has not been seen by a grand jury as of June 25.

19 Year Old Held Without Bond

During an arraignment, a D.C. Superior Court judge refused to release a teenager who was arrested for murder on June 21.

Eric Maurice Smith,19, is charged with premeditated first-degree murder while armed for the shooting death of Rondell Wills on the 200 block of 50th Street, NE. Wills’ death was the result of a drive-by shooting. He was not the intended target. According to WJLA, Wills, 38, died while he tried to protect children when the shooting occurred.

Pierce Suen, Smith’s attorney, told the judge that there was one witness and the whole case lacked evidence that implicates his client. Citing court documents, Suen said the main witness didn’t know who or what they saw.

The prosecution said there was another witness who gave a partial license plate number that matched a stolen car used in the drive-by. Smith’s fingerprints were on the steering wheel of the car. Surveillance footage also captured a person who resembled Smith in the car.

According to Suen, the car was stolen a week before the murder, so Smith’s prints could have been left before the drive-by occurred.

Suen requested Smith’s release because the teenager was enrolled in school and had no prior felonies.

Despite Suen’s argument that there was no substantial evidence against his client, D.C. Magistrate Judge Errol Arthur denied Smith’s release. He is being held without bond.

Smith is scheduled for a preliminary hearing on July 2.

Fear of Retaliation Prompts Eyewitness to Struggle with Testimony

On June 21, testimony from a woman who witnessed a murder was spotty because she feared she would be killed.

Charles McRae, Willie Glover and Joseph Barbour are charged with first-degree murder while armed. According to the prosecution, the defendants stormed into an apartment on the 700 block of 24th Street, NE and stabbed Lenard Wills.

The witness, who was crying and visibly upset during her testimony, said she didn’t want to be a part of the case. “I’m afraid I’ll be killed,” she said.

The witness said she was in another room getting high on crack cocaine when three men entered the apartment. When she came out, Wills, 50, was being attacked and his girlfriend was screaming.

The witness said she heard Wills’ girlfriend yelling “give it to ‘em Nardo! Give ‘em what they want!” and saw a short man in a mask hitting Wills on the side of his face. Nardo was Wills’ nickname.

Prosecutors expressed suspicions that the crime may have been drug-related, but the judge said events, such as McRae’s comments on getting money from the apartment, were consistent with a robbery.

During the witness’s grand jury testimony, she said McRae, 66, left the apartment after the robbery. But, during the trial, she said McRae stayed behind. The witness also said there was tension between McRae and Wills’ girlfriend, and that McRae threatened to hurt the girlfriend because of the way she spoke to him.

The witness also noted that Wills always kept a knife with a pearl handle. When Glover, 40, and Barbour, 38, spoke to police after the incident, each had visible stab wounds. A knife, with Barbour’s blood on it, was found in a trashcan near the scene.

The witness is expected to be cross-examined on June 25.

David Neal

Convicted Killer Receives 12-Year Sentence

On June 22, Martel Hall received a 12-year sentence as restitution for the death of a 31-year-old Washington, DC resident. But, the victim’s family was not happy with the judge’s decision.

Hall, 29, pled guilty to voluntary manslaughter in April. According to court documents, he stabbed David Neal, 31,  in front of the victim’s older brother, in a 7-Eleven parking lot on the 3900 block of Martin Luther King Jr. Avenue, SW in 2017. Neal and Hall were apparently involved in a physical altercation at the time of the stabbing.

“I’m not happy with the court on this,” Neal’s brother told DC Superior Court Judge Danya Dayson. “This was premeditated murder. But, I forgive him. He admitted his mistake and pled guilty.”

Judge Dayson also sentenced Hall to five additional years under supervised release.

“This was spontaneous, it wasn’t supposed to end like this,” Hall told Neal’s family. “I’m so sorry”.



Counsel Debates Witness’s Prior Knowledge of Murder


During a murder trial, counsel disagreed about a witness’s prior knowledge of a 2014 murder.

The defendant, Andre Joyner, 27, is charged with second-degree murder while armed for allegedly stabbing Jamie Washington, 31, on the 700 block of 18th Street, NE. Joyner is also charged with tampering with evidence for getting rid of the clothes he wore on the night of the homicide. 

Earlier in the trial, the witness told the jury that Joyner confessed to Washington’s murder while they were housed in the same jail unit.  Kevin Mosley, Joyner’s attorney, accused the witness of lying about the confession. Mosley said the witness was shown documents detailing the case while in jail and was attempting to recall information from the documents to implicate his client. 

Even though the witness said he did not know the details of the case, he did admit that Joyner showed him his ex-girlfriend’s cousin’s testimony from a prior hearing.   

The prosecution told the judge the testimony in question did not include details about the murder. The prosecution also said the document only contained the cousin’s name, age and birthplace.

According to the prosecution, it’s possible the jury might think the witness had prior knowledge about the facts of the case via the cousin’s testimony and therefore fabricated Joyner’s confession.

The witness, convicted of first-degree murder while armed in a homicide that is not related to the case, entered a government plea deal that would downgrade his charges to second-degree murder in exchange for testimony in Joyner’s case. 

Without the plea offer, the witness faced a sentence of 30- 60 years in prison. However, under the parameters of the plea, the witness could receive 13- 25 years. If the prosecution finds the witness gave “substantial cooperation” the judge could sentence the witness to less than 13 years.

D.C. Superior Court Judge Judith Bartnoff agreed that the cousin’s testimony did not contain relevant facts to the case. Judge Bartnoff ruled that, during closing statements, the defense cannot say the witness gathered facts about the case from the cousin’s testimony.

The trial is scheduled to resume on June 25.

Document: Arrest Made in Homicide on 50th Street, NE

Officers from the Metropolitan Police Department arrested June 21 Eric Maurice Smith as a suspect for Rondell Wills murder.

Smith, 19, is being charged with first-degree murder while armed. According to court documents, Smith allegedly shot Wills, 38, on the 200 block of 50th Street, NE near the Kelly Miller Recreation Center on May 3.

The teenager, who resided in Suitland, Md., is scheduled for an arraignment on June 22 at 1p.m.



Judge Postpones Murder Prelim for Defense to Prepare

Defense counsel for a 16-year-old boy charged with murder requested June 21 that a preliminary hearing be postponed to give him more time to prepare for his client’s case.

Titus Iracks is charged with first-degree murder while armed for allegedly shooting Larry Harrell on June 13 on the 1200 block of Mount Olivet Road, NE.

Officers from the Metropolitan Police Department found 43-year-old Harrell suffering with a gunshot wound to the head. The victim was declared dead at the scene. Iracks was arrested on June 14.

DC Superior Court Judge Danya Dayson rescheduled the hearing for July 10.

Attorneys Highlight Differences in Witness’s Testimonies


Counsel scrutinized inconsistencies between a witness’s grand jury testimony and his testimony during a 2015 murder trial.

Charles McRae, Willie Glover, and Joseph Barbour are charged with first-degree murder in connection with the stabbing of Lenard Wills at an apartment on the 700 block of 24th Street, NE. According to the prosecution, the apartment was a place where people would hang out and do drugs, especially crack cocaine and heroin. Prosecutors said they believe the defendants killed Wills, 50, while attempting to rob him.

A witness, who acted as an unofficial “doorman” for the apartment, said he saw McRae, 66, go to the apartment’s kitchen, grab a knife, and stab Wills as he struggled with Barbour, 38, and Glover, 40.

However, Glover’s lawyer pointed out that, during his grand jury testimony, the witness said he had not seen the stabbing but heard about it later.

Glover’s attorney also said the witness told a grand jury that he called Wills’ girlfriend the next day to discuss the incident, inferring that the witness did not know Wills was dead.

Glover’s attorney suggested the witness lied to detectives and prosecutors about seeing the stabbing in hopes that they would help him curry favor with the parole board. However, the witness said there was no reason for him to do that since he was only locked up for a minor crime and would be out on parole, soon.

According to prosecutors, the witness told a grand jury that McRae was gone from the apartment for 20 or 30 minutes after his alleged argument with Wills. During the trial, the witness said McRae was gone for about two hours.

The trial is set to resume with more questions for the witness on June 21.

Counsel Reviews New Evidence, Judge Postpones Murder Trial

As new evidence surfaces in a murder case, a judge took on the challenge of solving defense counsels’ dispute of when to hold trial.

Co-defendants Antoine Byrd, 38, and Devonte Johnson, 29, are charged with first-degree murder while armed for allegedly stabbing Robinson Pal at Barcode, a lounge located on the 1100 block of 17th Street, NW, in 2016. According to court documents, officers found Pal, 29, and another victim unconscious and bleeding. The other victim survived.

During a status hearing on June 20, Byrd’s defense attorney, Brandi Harden, requested more time to review “385 pages of raw data,” adding that she would not be prepared for trial by July 30. Harden initially requested additional time at a status hearing on June 6 to conduct more DNA testing.

Earlier testing revealed that Byrd’s DNA was on the murder weapon’s handle.

Even though Johnson’s attorney, Brian McDaniel, still needs to review DNA evidence and surveillance video, he opposed Harden’s motion to postpone the trial. 

Johnson “has already been incarcerated for two years,” McDaniel said. He said he doesn’t want his client to spend another year in jail.

DC Superior Court Judge Craig Iscoe moved the trial date to Oct. 7, 2019. But, he said he is maintaining the initial July date in case McDaniel is successful with his motion to reconsider postponing the trial and separating the defendants.

Johnson is scheduled for a status hearing on June 22. Both defendants are scheduled for a trial readiness hearing on July 13.

Witness Tells Jury Defendant Confessed to Murder


During a murder trial, a cooperating witness told the jury that the defendant said he committed a murder while they were housed in the same jail unit.

Andre Joyner is charged with second-degree murder while armed for allegedly stabbing Jamie Washington on the 700 block of 18th Street, NE in 2014.

According to the witness, Joyner said he fatally stabbed Washington, 31.

The witness is currently awaiting sentencing for a first-degree murder charge in an unrelated 2015 murder case. Following his trial, the witness entered a plea deal with the government that would downgrade his charges to second-degree murder in exchange for his testimony in Joyner’s case. A date for sentencing has not been scheduled. 

Per the voluntary sentencing guidelines, first-degree murder while armed has a 30-60 year sentencing range. According to the defense, a second-degree murder charge has a sentencing range of 13- 25 years. However, if the prosecution finds the witness gave “substantial cooperation” the judge could sentence the witness to less than 13 years.

Amid cross-examination, Kevin Mosley, Joyner’s defense attorney, accused the witness of saying anything to get a lesser sentence. According to Mosley, a few months after the witness was found guilty and his request for an appeal was denied, the witness sent a letter to the court claiming that he had information about Joyner’s case.

There’s “no glory” or “kickbacks” associated with testifying, the witness told the jury.  “ No one where I’m from like a snitch, it’s the worst thing you can be.”

The trial is scheduled to resume on June 21.

Document: Homicide on Atlantic Street, SE

The Metropolitan Police Department is investigating a fatal shooting that occurred on June 20 on the 600 block of Atlantic Street, SE.

During the morning hours, police located Andre Simmons, Jr., 28, suffering from multiple gunshot wounds. He did not show any signs consistent with life on the scene.

The Prince George’s County Police Department apprehended June 21 Darin C. Moore, Jr. in connection with kidnapping Simmons.

Apparently, Moore, along with another individual, kidnapped Simmons from a parking lot near his home in Bowie, Md. News reports state that Simmons’ family paid a $7,000 ransom to get him back, but he was shot anyway. Homicide charges have not been filed.

The Washington Post reported that police located Moore through his vehicle, a black Nissan. According to the Post, police were currently tracking a black Nissan they suspected was involved in a robbery. When police discovered a black Nissan was also involved in Simmons’ abduction, police checked the tracking information. The vehicle, which was registered to Moore, was at the site of the kidnapping and where the victim’s body was found.

The Post also reports that both the victim and suspect have convictions in Prince George’s County for drug and gun charges, respectively. Authorities refused to provide any information on whether the shooting and convictions are linked.

Moore is being held without bond.



Counsel Questions Murder Defendant’s Competency

During a hearing June 19, counsel questioned the mental competency of a man who allegedly killed his neighbor over noise from a lawnmower.

Courtesy photo
After his arrest, William Hunt has been held at St. Elizabeths Psychiatric Hospital (pictured) for treatment for his anti-social personality disorder.

William Hunt is charged with first-degree murder for allegedly stabbing George White on the 400 block of Newcomb Street, NE in 2011. Hunt, 62, did custodial work at the apartment building where he and White lived.

According to multiple witnesses, White, 48, confronted Hunt when the sound from the lawnmower disturbed White’s sleep. Court documents said White suffered 59 stab wounds to the head, neck, shoulder and hands.

In 2015, a doctor from St. Elizabeth’s Hospital, DC’s psychiatric hospital, testified that Hunt was competent to stand trial. That same doctor was questioned about Hunt’s competence again on June 18 and June 19. Hunt is currently being held at the hospital.

The witness shared information about Hunt’s diagnosis and treatment while at St. Elizabeth’s. She said, since his arrest, Hunt has been diagnosed with anti-social personality disorder.

Due to conflicting schedules, the court decided to continue the motion hearing on Oct. 15. The court is also open to setting a later date in January if complications arise.  

Stay tuned to D.C. Witness to find out more about the case.

Independence Day Murder Trial Postponed to September

DC Superior Court Judge Ronna L. Beck postponed a trial date for four men who are accused of murdering another man during an Independence Day shootout that left one dead and three injured.

The defendants are charged with second-degree murder while armed for allegedly shooting Dwayne Dillard on the 2600 block of Douglass Place, SE.

Shakim Lyons, one of the defendants, was shot in the eye during the shootout.

A trial for Jonathan Taylor; Lyons, 28; James Coffield, 26;, and Harry Herbert, 30, is scheduled for Sept. 24. DC Superior Judge Milton Lee will preside over the trial.

The trial was initially set for July 9, but Taylor, 27, requested new counsel, which further delayed the date. The other defendants kept their existing attorneys.

In place of the trial, a status hearing is scheduled for July 9.

Murder Charges Dropped, Defendant Pleads Guilty to Possession

A man, who was initially charged with second-degree murder while armed, pled guilty June 19 to a possession charge.

Sean Smith  was accused of shooting 26-year-old Matthew Walker on the 900 block of Eastern Avenue, NE in 2016 after an altercation at a party. Smith claimed the shooting occurred in self defense, according to court documents. Both Smith and Walker’s DNA was found on the alleged murder weapon.

Smith, 38,  pleaded guilty to unlawful possession of a firearm. His murder charge and gun possession charges were dismissed on June 6.

DC Superior Court Judge Judith Bartnoff accepted Smith’s plea under the condition that he remains in the high intensity supervision program, registers as a gun offender and pays a fine.

Smith’s original trial date and status hearings were suspended. His sentencing is scheduled for Sept. 5.

Defendant’s Ex-Girlfriend Gives Inconsistent Testimony at Murder Trial


During a 2014 murder trial, the defendant’s ex-girlfriend gave inconsistent testimony while detailing events leading up to the murder of Jamie Washington.

According to court documents, Andre Joyner, his girlfriend at the time and her cousin went on a hunt for the girlfriend’s stolen laptop. The prosecution and defense said the girlfriend believed Washington stole the computer.

Together the trio questioned Washington’s mother about her son’s whereabouts. Joyner and his girlfriend subsequently confronted Washington, 31, in an alleyway on the 700 block of 18th Street, NE, where police found him dead.

Joyner, 27, is charged with second-degree murder while armed for allegedly stabbing Washington. Joyner is also charged with tampering with evidence for getting rid of the clothes he wore on the night of the homicide.

Joyner’s ex-girlfriend pled guilty to being an accessory to Washington’s murder. As part of her plea agreement, she testified about the events leading up to Washington’s death. Committing perjury or lying under oath would violate her agreement.

During her testimony, Joyner’s ex-girlfriend told the prosecution that Joyner was involved in a physical altercation or “fight” with her cousin the day Washington was murdered. When questioned by the defense, she changed her answer and said the “fight” only consisted of arguing. There were various other instances when the girlfriend’s statements contradicted her grand jury testimony.

Noting the discrepancies, defense attorney Kevin Mosley asked the girlfriend if she knew the definition of perjury and reminded her of the consequences associated with lying on the stand.

Mosley accused Joyner’s ex-girlfriend of “sugar-coating” the facts in an attempt to shift the focus from herself to Joyner. During his opening statements, Mosley said the girlfriend was responsible for Washington’s murder.

Following cross-examination, the girlfriend told the prosecution that she knew her testimony implicated Joyner, but she was also further incriminating herself. During her testimony, the girlfriend admitted to devising and executing a plan to get rid of Joyner’s bloodied pants from the night of the murder.

The trial is scheduled to resume on June 20.