Judge Finds Probable Cause Despite Questionable Evidence in Homicide Case

DC Superior Court Judge Jason Park found probable cause in a homicide on July 10 even though some of the evidence appeared questionable.

Elijah Washington, 18, is charged with first-degree murder while armed for his alleged involvement in a fatal shooting that left 36-year-old David Washington dead on Sept. 15, 2024, on the 2300 block of Marion Barry Avenue, SE.

According to court documents, Elijah and another individual kicked down Washington’s apartment door and shot him six times before fleeing the crime scene.

During the hearing, the prosecution showed various exhibits, including door camera footage allegedly of the incident itself. Additionally, they displayed surveillance footage from earlier in the day of the crime, as well as Instagram photos from Elijah’s account, allegedly depicting the same shoes seen on the suspect during the incident.

The prosecution argued that Elijah identified himself in the surveillance footage from earlier in the day, and phone records showed a call less than two hours before the incident between Elijah and David, linking all of the evidence together for probable cause.

Additionally, the prosecution interviewed four witnesses from the night of the incident. Two were neighbors who couldn’t identify the shooters due to being in separate rooms while the shooting occurred. The third witness was a friend of Elijah’s and initially a potential suspect in the shooting.

The final witness was a relative of the defendant, who the prosecution acknowledged had a history of mental illness, but identified a person said to br Elijah in the surveillance footage.

Elijah’s attorney, Kevin Mosley, responded with questions regarding the legitimacy of the witnesses and the accuracy of their interviews with the detective.

Mosley focused on the third and fourth witnesses, stating how the third had previously been involved in a physical altercation with the victim, as well as being unwilling to cooperate with police. Most notably, Mosley pointed out that the fourth witness changed her story throughout the interview after being told of a monetary reward for her cooperation with law enforcement.

Mosley also stated that there was no evidence connecting Elijah to the firearm, his face was never seen, and the clothing worn was never found in the arrest warrant.

Given what he said was a weak case, Mosley asked Judge Park not to find probable cause.

Ultimately, Judge Park found probable cause, stating the totality of the evidence is questionable but not insubstantial.

Mosley then requested Elijah’s release to a mental health treatment facility, followed by community housing. Mosley argued that this offense was Elijah’s first conviction as an adult. Elijah had been doing relatively well and had picked up no further convictions between September, when the incident happened, and March, when he was arrested. Mosley argued that Elijah’s lack of convictions during this time period, in particular, shows he doesn’t pose a danger to the community.

The prosecution objected to Elijah’s release because it could endanger the community, and Judge Park agreed.

Parties are set to reconvene Sept. 19.

More Mental Evaluation For Suspect Accused in Police Stabbing

DC Superior Court Judge Rainey Brandt approved an additional mental competency evaluation for a defendant on July 7 based on his alleged involvement in stabbing a police officer.

Ian Zephyrin, 45, is charged with assault with intent to kill while armed and assault on a police officer while armed. These charges stem from his alleged involvement in stabbing the individual, causing significant bodily harm on June 24 near the 600 block of Florida Avenue, NW.

The defendant also faces a misdemeanor charge for theft and unlawful entry at a nearby CVS Pharmacy nearby which occurred just before the assault.

Zephyrin’s defense attorney, Todd Baldwin, stated that the defendant is pleading not guilty to the charges and requested a trial. He was also granted more time to prepare due to the new evaluations.

A mental competency evaluation conducted before the hearing was inconclusive, with a recommendation from the overseeing physician for further evaluation at Saint Elizabeth’s Hospital. Both parties agreed, leading Judge Brandt to sign an order for evaluation.

A person must be mentally competent enough to understand the charges he faces and help his lawyer.

The prosecution indicated that they had extended a plea offer to the defendant, and plan to keep it open for the defense until the next hearing. The terms of the deal were not discussed in court.

Parties are slated to reconvene Aug. 20.

Judge Delays Sentencing After Defendant’s No-Show For Court

DC Superior Court Judge Michael O’Keefe proceeded with a scheduled status hearing on July 7, despite a shooting defendant’s refusal to get off the transport bus froom the DC jail to the courthouse.

On Dec. 9, 2024, Anthrone Cabos, 28, pleaded guilty to aggravated assault and unlawful possession of a firearm with a prior conviction for his involvement in a non-fatal shooting on the 600 block of Condon Terrace SE, on June 28, 2020. One person sustained injuries during the incident.

On June 29, defense attorney Kevin Patrick O’Sullivan requested that Cabos be transferred to Saint Elizabeths Hospital to evaluate Cabos’ mental state.

Since Cabos was reportedly uncooperative with the the Department of Behavioral Health (DBH) during his previous competency evaluation, Judge O’Keefe requested that DBH conduct a mental health re-evaluation, but did not recommend that Cabos be hospitalized.

Judge O’Keefe stated he would not approve hospitalization without an explicit DBH recommendation.

The prosecution argued that Cabos is malingering and refusing to cooperate with doctors at DBH, adding that the evaluation must be completed before sentencing can proceed. The law says a defendant must demonstrate he is mentally competent enough to understand the charges against him and help his lawyer.

The case is scheduled for a status hearing for an update on Cabos’ mental state on July 17.

Jury Acquits Shooting Suspect of Assault, Convicts on Weapons Charge

A jury in DC Superior Court Judge Michael Ryan’s courtroom acquitted a suspect on the most serious charge in a shooting case but found him guilty of a lesser infraction on July 8.

Vann Allen, 36, was charged with assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, aggravated assault while armed, assault with a dangerous weapon, and unlawful possession of a firearm with a prior conviction of less than one year for his alleged involvement in a non-fatal shooting that occurred on 1400 block of New York Avenue, NE on Nov. 11, 2023.

Following a day of deliberations, the jury returned a guilty verdict for unlawful possession of a firearm with a prior conviction, and a not guilty verdict for all other charges.

Throughout the trial, Sellano Simmons and Michelle Lockard, Allen’s attorneys, argued Allen did in fact shoot the victim, but he did so in self-defense. The arguments were corroborated by the victim, who testified he was the first aggressor.

Sentencing is scheduled for Sept. 12.

‘Bullets Don’t Have a Name,’ Prosecutors Say in 5-Year-Old Metro Shooting

An Metropolitan Police Department (MPD) officer testified about confusing a non-fatal shooting defendant for a person with the last same name in a motions hearing before DC Superior Court Judge Danya Dayson on July 8.

Demann Shelton, 32, is charged with three counts of assault with intent to kill while armed, three counts of assault with a dangerous weapon, assault with significant bodily injury while armed, seven counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. The charges stem from his alleged involvement in a shooting that occurred on Nov. 9, 2020, on the 3000 block of 14th Street, NW.

In the motions hearing, the prosecution first called an MPD officer to explain a mistake made in his previous testimony about the defendant. The officer apparently confused the defendant with another individual with the same last name, Shelton, and provided testimony to clarify the interactions he had with Demann Shelton at a recreation center.

“I give the individuals I come into contact with the utmost respect. I refer to them as ‘Mister’ or ‘Miss,’” he said. The officer also claimed that his reported interactions with both the defendant and the misidentified individual took place more than five years ago.

The officer testified that he had come into frequent contact with Shelton on his patrols of the Columbia Heights neighborhood during a two-year period. He said, interactions with the defendant were often brief, however, including short conversations about his alleged involvement in illegal gambling, drugs consumption and trespassing.

Shelton’s defense attorney, Emma Mlyniec, objected that the officer’s confusion and inconsistency makes him an unreliable witness. Judge Dayson overruled the objection, finding that the officer had substantial contact with the defendant, as well as provided sufficient identification.

“Bullets don’t have a name,” the prosecution said in their opening statement. The prosecution claimed that five years ago, the defendant opened fire at the Columbia Heights Metro station, but the case went cold during the COVID pandemic since it was difficult to get witnesses.

The prosecution highlighted a person said to be the defendant from surveillance footage, wearing a black puffer jacket, a ski mask, and jeans with olive green patches as he walked into a Wawa store. Prosecutors claimed that this description matched with other footage depicting Shelton holding a gun and fleeing the scene.

In addition, prosecutors claimed that witnesses saw Shelton throw a gun and ski mask into a storm drain. Upon recovering new DNA evidence of the ski mask likely matching the defendant, the prosecution stated the case was no longer cold and Shelton is guilty of the shooting.

However, Emily Sufrin, Shelton’s other attorney, claimed it was a stranger who shot into the crowd. Sufrin stated that there was no motive for Shelton to shoot the victim, as they had no previous relationship or interaction. She also argued that the defense has no reliable evidence to identify the eye-witness, as their only witness was distracted and unreliable.

Sufrin stated that the prosecution also deleted surveillance evidence from the scene. She noted that the bodyworn camera footage, 911 call recordings, and surveillance footage from the Metro station were also deleted by the police.

The prosecution called an eyewitness who testified that the Columbia Heights Metro station was a common gathering place where individuals frequently sold and smoked cigarettes. Prosecutors asked whether he had been threatened or had any conflicts with anyone in the crowd that day, to which he responded no.

When the shots were fired, the witness said he did not stick around.

“I did the best thing I can do, get down and run,” he said.

The prosecution also called a Metro Transit Police Department (MTPD) officer and his rookie partner who was on patrol during the shooting. The prosecution submitted a cell phone video the officer recorded at the time.

The cell phone video appears to capture the shooter pulling out a gun and firing multiple times into the crowd. Several still images from the video were admitted into evidence, showing what the shooter was wearing at the time.

After the shooting the officer immediately drew his weapon and ordered the suspect to drop his weapon.

While the cell phone video stopped there, as the officer’s cell phone fell out of his pocket, he further testified that he pursued the shooter before losing him in an alleyway nearby.

During cross-examination, defense attorney Emily Sufrin asked the officer whether he had taken any notes or written a witness statement. He responded that he had not, explaining that he was not required to do so. The defense further emphasised that the cell phone video was the only evidence he could base his testimony on.

The video was played again and the defense highlighted that the video presented multiple angles and the officer was swaying back and forth, which the defense quickly questioned whether his attention was solely on the group. The officer said he was focused on the group and that his original goal was to show his rookie partner how to approach and monitor a large group.

Parties are slated to return July 9.

Carjacking Suspect Walks After Judge Declares Mistrial

An armed carjacking defendant was released on July 7 after jurors were unable to reach a verdict and DC Superior Court Judge Robert Salerno declared the case a mistrial.

Antoine Lee Johnson, 35, was charged with armed carjacking, two counts of possession of a firearm during a crime of violence, and assault with a dangerous weapon for his alleged involvement in the carjacking that occurred on July 22, 2024 on the 3330 block of 6th St, SE.

In their closing arguments, the prosecution displayed surveillance footage of the carjacking and claimed that the victim was sleeping in his car when Johnson allegedly came, threatened him with a gun to his head, and then took off with his vehicle.

“The big question is whether this is an armed carjacking,” said the prosecution. The prosecution argued that there was no doubt Johnson had a gun during the carjacking and added that the victim “has no reason to make this up.”

Further, the prosecution claimed that the victim’s credibility was strengthened by the consistency in his testimony and the surveillance footage aligning with the information provided in the court documents. The prosecution displayed images of what the carjacking suspect was wearing and compared them to Johnson’s attire at the time of his arrest.

“What we have here is strong evidence that Antonio Johnson is the carjacker,” said the prosecution.

During the trial, the lead Metropolitan Police Department(MPD) detective appeared to contradict himself in identifying Johnson in surveillance video.

Johnson’s defense attorney, Craig Ricard, reminded jurors that the video evidence was not enough to prove guilt beyond a reasonable doubt.

Ricard also noted that Johnson was charged with armed carjacking and assault with a dangerous weapon even though there is a lack of physical evidence he was armed.

Additionally, he rebutted the prosecution’s statements that the thick soles on the suspect’s shoes could be used to identify him because they are mass produced. Ricard also mentioned that five DNA samples were taken but were never tested.

The prosecution responded saying, “This isn’t a CSI case,” and that fingerprints and DNA evidence were not needed to prove that Johnson was the one who committed the crime.

Prosecutors showed footage of Johnson said to be driving the stolen vehicle on the wrong side of the road as police were trying to pull him over. The prosecution pointed out that Johnson had the driver’s side door open with his leg out, apparently to flee from police.

The prosecution concluded that finding a gun after the carjacking was not necessary to prove Johnson’s guilt because of the victim’s consistent testimony. They added that although the surveillance video of the carjacking was blurry, they were certain the jury had not lost their ‘common sense’ and could find Johnson was guilty beyond a reasonable doubt.

However, the jury was unable to reach a verdict and the case was deemed a mistrial.

Parties are slated to reconvene Aug. 25.

Woman With Ten Children Pleads Guilty in Daughter’s Stabbing, Sentence Suspended

DC Superior Court Judge Rainey Brandt suspended a sentence for a defendant who accepted a plea deal in a domestic stabbing case on July 8.

Sunshine Bangura, 37, was originally charged with first-degree cruelty to children and assault with a dangerous weapon for her alleged involvement in a domestic stabbing incident on the unit block of Todd Place, NE on June 21. Her 15-year-old daughter sustained injuries during the incident.

Bangura’s attorney, Atiq Ahmed, informed the court of her decision to waive a preliminary hearing and accept a plea deal extended by the prosecution. Bangura pled guilty to attempted second-degree cruelty to children in exchange for the prosecution’s waiving an indictment and dismissing the remaining counts.

The prosecution provided the court with the proffer of facts, stating that between June 21 and 22, Bangura had engaged in a physical altercation with her 15-year-old daughter. Bangura allegedly punched her in the face, kicked her stomach, and cut her with a knife above her left eyebrow and wrist causing her to bleed significantly.

The prosecution provided a statement from the victim, who said the incident was blown out of proportion, Bangura was still her mother, and she just wanted her to come home.

While the prosecutors said they understood the stress placed on Bangura as a working mother of ten children, they said there was no excuse for attacking a child with a knife. They recommended Bangura go through mental health and alcohol treatment, as well as parenting classes during a two year probation.

Ahmed stated that Bangura worked at Howard University Hospital and was studying nursing at the University of the District of Columbia with the goal of providing a bigger house for her children. Judge Brandt informed her that she was unsure of the implications a guilty plea would have on her nursing career, however Bangura remained firm on pleading guilty.

“I love my kids. My kids are my number one priority,” said Bangura. “I’m not perfect, I will never be perfect, but I’ll try my best.”

Judge Brandt told Bangura, “I hear you when you say you love your kids and I believe you with all my heart, but you need some help,” adding that physical confrontation should never be an option.

Judge Brandt accepted Bangura’s guilty plea and sentenced her to 180 days with all time suspended, one year of supervised probation, and a $50 contribution to the Victims of Violent Crime Fund (VVCF).

As part of her probation, Bangura must complete a parenting class, continue mental health and alcohol treatment, and use no physical discipline on any of her children. Additionally, Judge Brandt specifically ordered Bangura not to harass, assault, threaten, stalk, or destroy any property belonging to the daughter involved in the incident.

A release order was filed, and Judge Brandt told Bangura, “Go home, hug your children, but do not be afraid to speak up and say I need help.”

No further dates were set.

Judge Denies Carjacking Defendant’s Emergency Request

DC Superior Court Judge Judith Pipe denied a carjacking defendant’s request for release in the wake of a family tragedy during a hearing on July 9.

Kevin Lester, 36, and Traviyan Hardy, 23, are charged with carjacking for their alleged involvement in an incident on June 13 on the 300 block of 40th Street, SW.

According to court documents, Lester and Hardy allegedly approached the victim’s vehicle. Lester then allegedly held a gun to the victim’s head and demanded that he exit the vehicle. Hardy allegedly pulled the keys out of the ignition, where Lester allegedly dragged the victim out of the vehicle and struck him multiple times before both got into the car and drove away.

In the hearing, Hardy asked Judge Pipe to be released from detainment pending trial because of a recent loss in her family. When asked to elaborate, Hardy explained that her brother had been fatally shot and she wished to be there to support her parents.

Judge Pipe acknowledged Hardy’s family tragedy and expressed her sympathies. However, due to the nature and circumstances of the offense, Judge Pipe denied Hardy’s request to be released.

Parties are set to reconvene on July 15.

Judge Grants Release for Murder Defendant

Continued release was granted for a defendant charged in connection to a murder before DC Superior Court Judge Ryan Michael on July 1.

James Rice, 27, is charged with first-degree murder premeditated while armed and possession of a firearm during a crime of violence, for his alleged involvement in the fatal shooting of Thomas Felder, 32, that took place on Oct. 16, 2024 on the 1300 block of Pennsylvania Avenue, SE.

On Oct. 22, 2024 the court found no probable cause, dismissed the case and released Rice. The court did not believe that the eyewitness statements from the incident were sufficient enough to identify him as the suspect. However, the case was reopened and a bench warrant was issued on June 25, after a grand jury indicted Rice.

Rice was arraigned on July 1 and pleaded not guilty to all indictment charges. His attorney, Joseph Yarbough, requested that Rice remain on release until trial.

Prosecutors argued that Rice allegedly committed the homicide in broad daylight at a busy street, which deems him a danger to the community. Additionally, prosecutors referenced some of Rice’s criminal history including a previous simple assault conviction.

In his rebuttal, Yarbough argued that Rice “has been doing what he’s supposed to do, which is nothing wrong.” Rice is employed and working consistently, the simple assault was removed from his record, he has strong family support and has not tried to evade police since his case has been reopened, Yarbough insisted.

Given that Rice has no prior failures to appear and has little previous criminal history, Judge Ryan decided that there is little evidence to support the defendant’s detention and granted home confinement with electronic monitoring so he can work and meet with Yarbough.

Parties are expected to reconvene on Aug. 8.

Jury Convicts Six Defendants for Deadly Mass Shooting in Emotional Proceeding

A jury in DC Superior Court Judge Neal Kravitz’s highly secured courtroom found six defendants involved in a mass shooting guilty on July 3, following just one day of deliberations. The verdict triggered an emotional response between the suspects and members of the victims’ families.

Erwin Dubose, 31, Kamar Queen, 28, Damonta Thompson, 28, and William Johnson-Lee, 22, were convicted of conspiracy, premeditated first-degree murder while armed, assault with intent to kill while armed, assault with significant bodily injury while armed, among other charges, for their involvement in the mass shooting that killed 31-year-old Donnetta Dyson, 24-year-old Keenan Braxton, and 37-year-old Johnny Joyner. The incident occurred on the 600 block of Longfellow Street, NW on Sept. 4, 2021, and injured three additional individuals.

Mussay Rezene, 32, and Toyia Johnson, 53, were convicted of accessory after the fact while armed and tampering with physical evidence for their involvement in assisting the other defendants in discarding evidence and avoiding arrest.

Throughout the trial, the prosecution presented thousands of pieces of evidence in an attempt to prove the defendants conspired to commit the shooting and get rid of incriminating evidence.

The jury alerted Judge Kravitz they had found the defendants guilty of all charges.

“All of you have made an extraordinary contribution to the distribution of justice,” said Judge Kravitz, before dismissing the jury following a four month long trial.

As the verdict was read, Johnson, who could face up to 20 years for her accessory charges, struggled to control tears. Queen, the lead perpetrator in the murders, according to the prosecution, consoled her by putting a hand on her shoulder.

However, as the group was leaving the courthouse, tempers flared. Johnson was met with shouts of disapproval from family members of the shooting victims, to which she responded. Queen then joined the verbal altercation.

“You’re going to jail for the rest of your life,” said one family member to Queen.

“At least I’m alive. Your son is dead,” Queen was heard responding.

After escalating responses, Queen was physically removed from the courtroom by three Marshals. There were some 20 Marshals present at the hearing.

One family member, distraught at the response from Queen, left the courtroom still shouting, stirred by what happened.

Johnson’s defense attorney, David Akulian, reminded Judge Kravitz of a pending motion for judgment of acquittal, which was filed June 24. The prosecution requested two weeks to respond to the motion. They are slated to reconvene Oct. 3 to deal with the motion.

The prosecution stated that they were not seeking confinement for Johnson before sentencing, and she remained on her current release conditions.

However, the other five defendants are held without release prior to sentencing.

Parties are slated to reconvene Oct. 30 for sentencing.

New Year’s Day Murder Defendant Waives Independent Testing

A murder defendant waived his rights to independent DNA testing in an evidentiary hearing before D.C. Superior Court Judge Jason Park on July 9.

Jelani Cousin, 19, is charged with first-degree premeditated murder while armed, second-degree murder while armed, two counts of assault with intent to kill while armed, two counts of assault with a dangerous weapon, six counts of possession of a firearm during a crime of violence, two counts of threat to kidnap or injure a person, and attempted second-degree sexual abuse on an incompetent victim.

The charges stem from his alleged involvement in the fatal shooting of 18-year-old Ashlei Hinds on Jan. 1, 2024 at a hotel on the 4000 block of Military Road, NW.

The prosecution listed the evidence that would be admitted to the case as swabs from red solo cups found in the hotel room. It was suspected that the solo cups contained alcohol but the physical evidence was not collected on scene.

Defense attorney Kevin Mosley waived his client’s rights to independent testing.

The prosecution noted that parties are still deliberating possible resolutions.

Parties are slated to reconvene on Sept. 16.

Parties Deliver Closing Arguments for Non-Fatal Shooting Case

Parties presented closing arguments for a non-fatal shooting case before DC Superior Court Judge Michael Ryan on July 7.

Vann Allen, 36, is charged with assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, unlawful possession of a firearm, aggravated assault knowingly while armed, and assault with a dangerous weapon for his alleged involvement in a non-fatal shooting on Nov. 11, 2023.

According to police reports, one victim was wounded on the 1400 block of New York Avenue, NE.

The prosecution stated that Allen admitted that he was the one who shot the victim and was seen on video footage walking away from the crime scene. They also argued that there was no need for self-defense as the victim did not possess a weapon and Allen purposefully followed the victim. Prosecutors also emphasized that the conditions of self-defense require someone to be in danger of death or reasonable bodily injury.

The prosecution asserted that Allen chose to use lethal force at close range, pointing out that without surgery the victim would have died.

The prosecution stated “we are not saying the defendant is a bad person, but what he did was a crime and he should be held accountable.”

Allen’s defense, Michelle Lockard, argued that Allen acted in self-defense, only shooting the victim after he lunged for him. Lockard noted that the victim was intoxicated and behaving aggressively, engaging in three separate fights with his ex-girlfriend and girlfriend at the time. The victim yelled that he intended to take his anger out on anyone and anything prior to the shot being fired, according to Lockard.

The defense stated that Allen was not “following” the victim, instead traveling with the crowd toward a nearby parking garage.

Lockard also emphasized that Allen only fired one bullet when he had eight in the chamber. Allen did not aim his gun and was unaware of where his bullet would strike, according to Lockard. She argued that Allen was acting out of “self-preservation” and exercised restraint, not lethal force.

Lastly, Lockard claimed that the reason Allen left the scene was because he was scared. Allen was allegedly pursued by the victim’s brothers and was looking for a place of safety.

In rebuttal, the prosecution argued that Allen’s actions that night were unreasonable and unjustified. The prosecution questioned why Allen would bring a loaded firearm into a nightclub to begin with.

The prosecution also questioned why Allen would follow the victim and involve himself in the altercation if he was allegedly scared and if Allen truly felt he acted in self-defense, he would’ve waited for police to arrive on scene. They stated that “it was almost like he brought a gun to someone else’s fist fight.”

Parties are slated to reconvene when the jury reaches a verdict.

Stabbing Defendant Seeks In Patient Drug Treatment

A stabbing defendant requested in patient substance abuse treatment before DC Superior Court Judge Rainey Brandt on July 8.

John Scogins, 54, is charged with assault with intent to kill while armed and aggravated assault knowingly while armed for his alleged involvement in a stabbing that occurred on Dec. 9, 2024 at a bus stop on the 1700 block of Minnesota Avenue, NE. One individual was injured.

Scogins’ attorney, Alvin Thomas, admitted that Scogins had previously tested positive for cocaine but was no longer using substances. Thomas and Scogins requested at the next drug testing that they measure the levels of substances present to show the levels have now lowered.

Thomas informed the court that Scogins’ living situation was stable but not ideal for a sober lifestyle. A representative from the Pre-Trial Services Agency (PSA) said that they would help him locate a better living situation as well as in-patient treatment for substance abuse before his next hearing.

The prosecution told the court that the multiple positive drug tests were very alarming as the stabbing incident occurred while Scogins was intoxicated. Judge Brandt acknowledged Scogins’ ongoing issues with substances, but recognized that he had not been arrested on new charges.

Judge Brandt accepted the parties’ request to admit Scogins into in-patient treatment prior to his next hearing. Scogins remains on personal recognizance with electronic monitoring while awaiting trial.

Parties are slated to reconvene on Aug. 22.

Defense Questions Destroyed Evidence, Prosecutors Tactics in A Shooting

The defense in a shooting case argued that surveilance evidence was destroyed by Metro Transit Police Department (MTPD) before DC Superior Court Judge Danya Dayson in a July 2 hearing.

Demann Shelton, 32, is charged with three counts of assault with intent to kill while armed, three counts of assault with a dangerous weapon, assault with significant bodily injury while armed, seven counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction. The charges stem from his alleged involvement in a mass shooting that injured one victim that occurred on Nov. 9, 2020, on the 3000 block of 14th Street, NW.

During the hearing, Emily Suffrin and Emma Mlyniec, Shelton’s attorneys described a “pattern of negligence” breaching rules requiring the prosecution to disclose all evidence that may aid the defense.

Suffrin said body camera footage from one-third of the officers present was destroyed. This included key footage of witness interviews, initial suspect pursuits, and most notably, the initial discovery of a mask allegedly linked to the shooter with DNA evidence.

The defense says crucial information was unavailable, including records identifying who gave radio callouts describing a shooter that allegedly did not match Shelton, making it impossible to challenge the discrepancy during cross-examination, according to Suffrin.

Additionally, records given to the defense didn’t mention an officer at the scene who reported seeing someone who was said to be a better fit for the suspect’s description fleeing in a direction different than Shelton.

Even more critical, says the defense, was the destruction of surveillance footage from a Metropolitan Police Department (MPD) camera that covered the exact corner where the shooting and subsequent chase occurred. Suffrin explained how this footage could have captured individuals who more closely resembled the suspect’s description than the defendant, and may have revealed flight paths or actions inconsistent with Shelton’s alleged involvement.

Suffrin noted that the Civil Rights Section (CRS) of the U.S. Attorney’s Office had twice told the lead detective explicitly to preserve the footage for review, yet it was not retained.

In total, approximately four hours of body camera footage were lost across multiple officers. Suffrin argued that while each instance might be viewed as individual negligence, the accumulation of evidence loss amounted to bad faith, or at the least, gross negligence, warranting a complete dismissal.

“Each individual case could be negligence. But taken together, the prejudice is too extreme to be a coincidence… we are not talking about an isolated incident,” said Suffrin.

The prosecution countered that any lost footage was in line with department-wide data retention policies of preserving footage for only 90 days unless explicitly told otherwise. Charges were initially dropped by the U.S. Attorney’s Office a month after the incident, which reportedly led police to cease evidence preservation efforts.

The prosecution countered that footage from more than 20 officers was successfully preserved, and any losses could be attributed to administrative error. They also claimed that the lead detective on the case was acting in good faith when investigating leads, retrieving four other surveillance angles from nearby cameras after CRS had reportedly determined that the missing CCTV footage was “uneventful.”

Furthermore, the prosecution argued that the defense was overstating the amount of information that was lost in data erasure, showing how many of the missing portions of officer footage can be seen in the remaining recordings of nearby officers. To back this, the prosecution showed how other nearby officers heard initial radio callouts of a shooter description, as well as pointing out that some lost interview footage was inconsequential, as other officers conducted follow-up interviews that were preserved.

Judge Dayson was unconvinced by the argument that the detective bore no responsibility for preserving the key surveillance footage. While she acknowledged that department policy and some investigative efforts mitigated the appearance of bad faith, she did not dismiss the possibility of sanctions on the prosecution for negligence. A ruling on potential sanctions will be issued at a later date.

Shelton’s attorneys also brought up last-minute disclosures involving one of the officers at the scene of the 2020 shooting, prompting Judge Dayson to issue multiple orders aimed at increasing transparency and accountability in the case.

Shelton’s attorneys focused on two key officers in Shelton’s 2020 arrest. One is reportedly under investigation for an unrelated recent police shooting, and another is facing a civil lawsuit, though the cases were not specified in court.

The prosecution claimed it had already turned over all relevant documentation in its possession and had received no response from MTPD after requesting further records. In response, Judge Dayson issued an order compelling the MTPD to provide all requested documentation by the following Monday.

Following that, concerns of prosecution influencing witnesses were brought forward, warning that several had claimed memory lapses during interviews but were now answering in ways that mirrored the materials provided by prosecutors to “jog their memories.” Judge Dayson ruled that any materials given to assist witnesses with memory issues must also be turned over to the defense.

Parties are set to reconvene July 7.

Shooting Defendant Rejects Plea Offer

A shooting defendant rejected a plea deal extended by prosecutors before DC Superior Court Judge Judith Pipe on July 9.

Jory Sydnor, 25, is charged with aggravated assault knowingly while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for his alleged involvement in a shooting that occurred on April 11 on the 1400 block of Trinidad Avenue, NE. Sydnor’s ex-step-father sustained injuries during the incident.

According to court documents, the victim had broken into Sydnor’s mother’s home extremely intoxicated brandishing a pocket knife. After allegedly assaulting Sydnor’s mother and nine-year-old sister, police responded to the scene to find the victim lying on the porch, intoxicated and suffering from a gunshot wound.

In his hearing, Sydnor rejected the prosecution’s plea offer of assault with a dangerous weapon in return for dropping pursuit of any other charges or enhancements.

Prosecutors were concerned with the defendant’s failure to comply with the court’s orders for pre-trial mental health and drug assessments. Sydnor’s attorney, Gregg Baron, explained that he had bronchitis and was still awaiting a reassessment after informing his pre-trial officer.

Furthermore, the defendant expressed concerns regarding his mother’s safety. He explained that the victim in the case, who is currently also facing charges relating to the incident, was violating his stay-away orders by calling Sydnor’s mother.

Judge Pipe acknowledged the concerns, telling Sydnor to inform the pre-trial of any stay-away violations for them to deal with.

Judge Pipe directed Sydnor to comply with the court’s mental health assessment at the court’s urgent care directly after the hearing.

Parties are set to reconvene on Aug. 28.

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