Seven Co-Defendants in Carjacking Face Possible 73 Year Sentences

A young carjacking defendant rejected a plea offer before DC Superior Court Judge Neal Kravitz on Sept. 19 in a case that could send all the young suspects to jail for decades.

Byron Gillum, Jaelen Jordan, Isaiah Flowers, Jahkai Goff, Warren Montgomery, Taj Giles and Irshaad Ellis-Bey, all 20 years old, are charged with conspiracy, trafficking stolen property, two counts of armed carjacking, two counts of unauthorized use of a vehicle, four counts of possession of a firearm during a crime of violence, and two counts of robbery while armed. Charges stem from their alleged involvement in a carjacking that occurred at the intersection of K Street and 8th Street, NE, on April 27, 2023.

Additionally, Jordan, Goff, Gillum, Ellis-Bey, Giles, and Flowers are charged with two additional counts of unauthorized use of a vehicle, two counts of possession of a firearm during a crime of violence, armed carjacking of a senior citizen, receiving stolen property of $1,000 or more, and robbery of a senior citizen while armed. Charges stem from their alleged involvement in a carjacking that occurred on the 600 block of Butternut Street, NE, on May 16, 2023.

The prosecution offered a plea deal to Flowers where if he pleaded guilty to armed carjacking for the May 16 incident, armed robbery for the April 27 incident and trafficking stolen property, they would dismiss all other charges. Additionally, they would reserve the enhancement for a senior citizen but not seek any others. Parties would have agreed to a sentencing range of 20-and-a-half-to-25-and-a-half years.

Flowers would not have to testify during trial, but would have to give statements to assist the prosecution.

Flowers rejected the offer.

The case is set to go to trial on Oct. 20 and will likely go through the end of the year, according to the prosecutor.

The prosecution explained that the harshest sentence the defendants could receive if convicted is 73-and-a-half years.

Judge Kravitz urged the defendants to discuss with their lawyers about whether they want to go to trial given the stiffs sentences they face. He emphasized that was not offering an opinion.

“This is your decision to make,” Judge Kravitz said.

Parties also discussed several outstanding motions, including Goff’s to preclude a DNA expert witness and footage from a music video. The other defendants’ attorneys said they did not receive these requests, despite a rule that requires co-defendants to send motions to all involved parties unless they are labeled differently.

Goff’s attorney, Janai Reed, said that another judge told her that she would not necessarily have to send the motions to the other defense attorneys. Judge Kravitz disagreed.

“This is not a closed question,” he said.

The prosecution also said their case involves around 100 witnesses if the defendants do not stipulate the facts from fingerprint and DNA witnesses. The prosecution said they want to reduce the number of witnesses through stipulations so the trial does not extend into the New Year.

The defense attorneys asked for a draft of the stipulations so they can discuss them with their clients. All defendants have to agree to the stipulations.

The stipulations and outstanding motions will be discussed in a hearing before the trial begins.

Parties are set to reconvene on Sept. 26.

‘I’m Not Who I Used To Be,’ Shooting Defendant Says At Sentencing

DC Superior Court Judge Carmen McLean sentenced a non-fatal shooting defendant to three years of imprisonment after passionate statements from both sides on Sept. 19.

A jury convicted Ni’Jhae Curry, 26, on March 19 of assault with a dangerous weapon, possession of a firearm during a crime of violence, endangerment with a firearm, two counts of carrying a pistol without a license outside a home or business, and possession of a prohibited weapon. The charges stem from her involvement in a non-fatal shooting on Oct. 17, 2023 on the 900 block of Sycamore Drive, SE.

According to court documents, Curry and the victim physically fought inside the building where they both lived. Curry then retrieved her gun, followed the victim outside, and fired one shot. The victim suffered from small lacerations to her face but no gunshot injuries.

At sentencing, the prosecution requested Curry serve five years each for the assault and possession of a firearm charges in addition to one year each for endangerment with a firearm, both counts of carrying a pistol, and possession of a prohibited weapon. The prosecutor requested all sentences run concurrently with three years of supervised release and one year of probation to allow Curry to receive mental health services.

“Home is where we go for rest, for comfort, it’s a place where we are supposed to have a sense of security. [Curry] ripped away that sense of safety and security from the victim,” said the prosecution. The prosecutor also noted Curry fired in “broad daylight, in a residential neighborhood.”

The prosecutor displayed photos of the two guns recovered from Curry’s car, including an AR-style ghost gun and noted that Curry admitted to Metropolitan Police Department (MPD) officers that they were her “house guns.” Despite Curry’s lack of criminal history, the prosecutor asserted the guns were evidence of her ongoing criminal conduct at the time of the incident.

The victim’s mother passionately urged Judge McLean to impose the maximum sentence and expressed “I find it impossible to forgive [Curry], I’ll never forgive her, I’ll never forgive her for what she did. She needs to go forever, please keep her until she hits menopause so she can’t bring anymore children into the world that act like her.”

“It’s in your bloodline to be the punk a** b**** that you are,” the victim’s mother addressed Curry in the courtroom and Judge McLean reminded her not to speak directly to the defendant. The mother also asserted that mental health should not be a factor in sentencing and Judge McLean asked her to respect everyone’s lived experiences.

The prosecution noted that “the victim lives with the trauma and still deals with the fact that she was assaulted with a gun in her own home.” They argued that the sentence requested addressed the victim’s pain and trauma in addition to concerns that Curry might commit future offenses.

Curry’s attorney, Kevann Gardner, requested she serve two years of imprisonment, with all time suspended except for time she’s already served, in addition to two years of supervised probation with 90 hours of community service and comprehensive mental health services.

Gardner requested a sentence under the Youth Rehabilitation Act (YRA), which allows people under 25 who are convicted of certain crimes to have their convictions sealed or cleared after they successfully complete their sentence and potentially offers sentencing flexibility for the defendant. Curry was eligible for consideration under the YRA since she was 24 at the time of the offense.

Gardner described Curry as a “prime candidate for the YRA” because she is “a young woman who is dedicated to not let her past trauma derail her from a bright future.” According to Gardner, Curry’s father was violently murdered when she was two and her grandmother died when she was ten.

Additionally, Gardner disputed the prosecution’s characterization of Curry as not remorseful and said Curry looked forward to speaking with the victim. He also asserted that Curry’s possession of firearms does not inherently make her a bad person.

“Your honor, I respectfully ask for your leniency,” Curry’s mother said to Judge McLean.

A licensed clinical social worker asked the judge to consider the profound impact of early exposure to violence and trauma on Curry’s life when deciding her sentence. The social worker said Curry made a “commitment to the betterment of herself” during her incarceration.

“I stand before you now not as a criminal, but as a woman dedicated to growth, service, and purpose. As a first time offender, I ask for your grace,” said Curry to Judge McLean. Curry informed the judge that she earned her esthetician license, founded a business to provide these services, and a non-profit organization to teach other professionals.

During her incarceration, Curry said she focused on her personal development, including enrollment in Georgetown University’s Prisons and Justice Initiative, a program that provides incarcerated individuals with opportunities for their future. The week prior to sentencing, the program asked Curry to describe her story in seven words and she responded “I’m not who I used to be.”

“I treated you how others treated me,” said Curry to the victim, “I truly apologize for transferring that trauma over to you.”

Judge McLean said “The person presented to me today is a completely different person than I saw at trial… I’m trying to discern how much of this person is sincere.”

The judge said during the trial Curry presented “excuses and reasons…it seemed like a completely distorted view of what occurred.”

“I’m glad that you have done all of what you’ve done while you’ve been incarcerated. I really hope it’s sincere, but it doesn’t undo what you did,” said the judge to Curry. Judge McLean noted that Curry attacked another person completely unprovoked, shot a gun in a public place, and had two illegally obtained guns.

“I disagree with counsel that Curry is the perfect case for the youth act,” expressed Judge McLean although she decided to apply the YRA to Curry’s sentence.

Judge McLean sentenced Curry to four years of imprisonment, all but two suspended, for the assault charge and five years, all but three suspended, for the possession of a firearm charge. In addition to one year each for the endangerment charge, both counts of carrying a pistol, and possession of a prohibited weapon, all time suspended.

Curry’s sentences will run concurrently, a total of three years of imprisonment, followed by three years of supervised release, suspended in favor of two years of supervised probation. Upon her release, Curry will be required to register as a gun offender in DC, complete 90 hours of community service and stay-away from the victim and her daughter.

Judge McLean noted the law required a five year mandatory minimum for possession of a firearm but that the application of the YRA allowed her to suspend a portion of the sentence.

No further dates were set.

Victim Describes Fraught Family Relationship With Shooting Suspect

Family members of a shooting defendant and victim testified in trial before DC Superior Court Judge Carmen McLean on Sept. 18.

Larry Carr, 21, is charged with two counts of assault with a dangerous weapon, assault with intent to kill while armed, aggravated assault knowingly while armed, five counts possession of a firearm during a crime of violence, possession of an unregistered firearms, and carrying pistol without a license outside home/business for allegedly shooting his cousin during a domestic argument. The incident occurred on Oct. 22, 2023 at the 100 block of Ridge Road, SE.

The victim, the defendant’s cousin, was shot in the face allegedly by Carr. According to the victim, he and Carr had problems after the victim indecently exposed himself over FaceTime to the defendant’s minor sister.

After the victim arrived at his sister’s house and was angry to see the defendant there, the situation escalated and the defendant allegedly pulled out a gun and shot the victim in the face.

On cross examination, defense counsel Teresa Kleiman, brought up an incident on a bus when the victim’s young cousin told him that a boy with special needs on a bus pulled a knife on her. As a result, the shooting victim beat the boy to the point where he needed many stitches.

Kleiman questioned discrepancies in the victim’s testimony, during which he said at trial that he previously had issues with Carr, but at the time of his testimony before the grand jury had said they had no prior issues.

On the prosecution’s redirect, the victim described his struggles with life after being shot. Specifically, how he stayed at the hospital for more than a month, was in a coma for two weeks, and cannot play basketball with his nephew anymore.

Prosecutors also called on the victim’s niece and Carr’s cousin, who described that she held Carr back while he was allegedly pointing a gun in the victim’s face. According to the witness, she rushed to call 911 after her uncle was shot.

During cross examination, the witness agreed that she was focused on the gun and did not see anything that the victim was doing.

One of the victim’s nephews and the defendant’s cousin, described how there was “no relationship” between the victim and the defendant after the victim indecently exposed himself to the defendant’s sister. Additionally, the nephew testified the victim, his uncle, was “like a father” because the victim was around when his father was not.

On cross examination, Kleiman brought up a specific statement about the victim’s general demeanor. Kleiman asked about the victim’s anger issues, specifically when the nephew testified during the grand jury about “he[the victim] gets to a certain point, he[the victim] just can’t calm down”. The prosecution quickly objected and the defense did not bring up this point again.

The parties are slated to reconvene on Sept. 22.

Judge Denies Non-Fatal Shooting Defendant Severance

DC Superior Court Judge Neal Kravitz rejected a non-fatal shooting defendant’s request for severance from his co-defendant on Sept. 19.

Eric Latney, 29, and James Crossland, 29, are charged with conspiracy, assault with intent to kill while armed, assault with a dangerous weapon and two counts of possession of a firearm during a crime of violence, for their alleged involvement in a non-fatal shooting. The incident took place on July 8, 2021, on the 200 block of 56th Street, NE. One person was injured.

Latney requested to be tried separately from Crossland due to concerns that Crossland made statements against Latney and that there is significantly more evidence against Crossland.

Judge Kravitz denied the request because Crossland falsely stated that he had been allegedly carjacked earlier that day. He does not believe this rises to the level of Latney’s having the right to confront Crossland as an accuser per the Sixth Amendment’s right to confront and call witnesses.

Crossland’s defense attorney, Hannah Claudio, and Latney’s defense attorney, Nikki Lotze, both expressed concern about receiving discovery materials in evidence from the prosecution ahead of the Nov. 3 trial. They said the previous prosecutor did not give them everything necessary and were still waiting to receive some materials.

The new prosecutor said they would work on reviewing and sending those materials once their current trial ended early next week.

Judge Kravitz said he also wants outstanding motions to be addressed as early as possible due to this being an old case.

Parties are set to reconvene Oct. 10.

Document: MPD Investigating 14th Street Fatal Stabbing

The Metropolitan Police Department (MPD) announced they are investigating a fatal stabbing that occurred on Sep. 13 in the 2000 block of 14th Street, NW. The victim, identified as 34-year-old Jermaine Foster Jr., was transported to a hospital where he succumbed to his injuries. The incident, which took place during a large fight, also resulted in three additional victims who self-transported to a hospital with minor injuries.

Judge Finds Probable Cause in Friend-Turned-Enemy Homicide

A Metropolitan Police Department (MPD) detective testified about evidence of a homicide involving two former friends. DC Superior Court Judge Michael Ryan found probable cause in the case on Sept. 18.

Leroy Dixon, 17, is charged as an adult under Title 16, with second-degree murder while armed from his alleged involvement in the fatal shooting of Dominique Dingle, 16, that occurred on May. 20, on the 1000 block of Third Place, SE.

At the preliminary hearing, the detective testified that he spoke to Dingle’s close friend and his mother who were present when the shooting occurred. Both witnesses confirmed that an argument between Dingle and Dixon is what led to the shooting. According to the close friend, Dingle exited his scooter and aggressively approached Dixon.

Dingle’s mother allegedly attempted to restrain Dingle. According to the detective, his mother recalled hearing Dixon say “Don’t make me do this in front of your mother.” Once Dingle managed to break free, Dixon allegedly shot him in the chest.

Additionally, Dingle’s mother provided more details to MPD about Dingle and Dixon’s past, explaining that they were close friends until tension arose. Dingle’s mother recalled two separate occasions where Dixon was armed with a firearm, one occasion where he allegedly pointed a gun at Dingle in a heated argument. A physical altercation also occurred between Dingle and Dixon, in which Dingle “beat up” Dixon, according to the friend.

Defense attorney Terrence Austin argued that Dingle was the aggressor in the situation which caused Dixon to act in self-defense. However, the prosecution argued that there is evidence of probable cause, specifically that the shooting was in retaliation for the previous fight between them.

Additionally, the two prior incidents in which Dixon was armed with a firearm around Dingle led the Judge to conclude that Dixon probably caused the homicide.

The hearing took an another turn when the prosecution revealed a rap music video on YouTube, which showed a person appearing to be Dixon reaching for his waist where there was a firearm. Another music video, the prosecution says, shows the defendant rapping the lyrics “Catch a body, go on the run.”

Judge Ryan ruled that Dixon be detained as he posed a potential threat to community safety.

A status hearing is scheduled for Oct. 24.

Document: MPD Arrests Suspect in Fairlawn Shooting

The Metropolitan Police Department (MPD) announced the arrest of 42-year-old Christopher Warren, of District Heights, MD, in connection with a shooting incident that occurred on Aug. 20, 2024, in the 1800 block of Q Street, SE. The victim, an adult male, was found conscious and breathing with a gunshot wound and was treated at a local hospital. Warren was extradited and charged with Assault With a Dangerous Weapon (Gun).

Mental Eval Concludes Tourist Stabbing Defendant Not Criminally Responsible

A Department of Behavioral Health (DBH) report indicated a woman charged in a tourist stabbing was not criminally responsible due to a mental defect, DC Superior Court Judge Neal Kravitz said during a Sept. 19 hearing.

Kelly Williams, 53, is charged with assault with intent to kill while armed, malicious disfigurement while armed, aggravated assault while armed, assault with significant bodily injury while armed, carrying a dangerous weapon and possession of a prohibited weapon for her alleged involvement in a stabbing that occurred at the intersection of Independence Avenue and L’Enfant Plaza, SW on Jan. 12. One victim, a tourist, was harmed during the incident.

According to court records, Williams’ mental health has been called into question since the beginning of her case in January. On July 11, Judge Kravitz requested an evaluation of criminal responsibility after defense attorney Darryl Daniels said an independent psychiatrist determined Williams may have been experiencing a psychotic episode at the time of the incident. The order indicated that Williams believed the victim was a threat to her.

On Sept. 11, a DBH evaluator concluded it was more likely than not that Williams is not criminally responsible for the incident. A plea of not criminally responsible is tantamount to an insanity defense.

The prosecutor noted that the determination was made based on a low bar of evidence.

Daniels also said that Williams may not want to pursue an insanity defense, but is not sure because the report was sent to the parties the previous evening. They will discuss these issues on a later date.

Parties are set to reconvene on Oct. 10.

Document; Suspect Sought in Northwest Shooting

The Metropolitan Police Department (MPD) announced they are seeking assistance in locating a suspect involved in a shooting incident in Northwest. On Aug. 26, officers responded to the 3800 block of Georgia Avenue, NW, where they found a man with gunshot wounds. The victim was transported to a local hospital for treatment. The suspect was captured on surveillance cameras, and the MPD is urging anyone with information to come forward.

Stabbing Defendant Accepts Plea Deal

A stabbing defendant accepted a plea deal before DC Superior Court Jennifer Di Toro on Sept. 18.

Andre Thomas, 55, was originally charged with assault with a dangerous weapon for his involvement in a stabbing that injured an individual on the 1800 block of 7th Street, NW, on July 29.

During the hearing, Lola Ziadie, Thomas’ attorney, alerted Judge Di Toro that Thomas planned to accept a plea deal, which required him to plead guilty to attempted assault with a dangerous weapon, in exchange for the prosecution not seeking an indictment.

The statutory penalty for this charge is a maximum sentence of five years of prison time, $12,500 fine, and supervised release of three years.

The prosecutor stated that their evidence would’ve proven beyond a reasonable doubt that Thomas had a dispute with the victim, which led to a physical altercation, and ended with Thomas lunging towards the victim with a kitchen knife.

The parties are slated to reconvene for sentencing on Nov. 21.

Teen Shooting Defendant Pleads Guilty

A teenager pleaded guilty for a non-fatal shooting before DC Superior Court Judge Neal Kravitz on Sept. 19.

Ka’Raun Foster, 17, was originally charged with assault with intent to commit any other offense while armed, and first-degree burglary while armed for his involvement in a shooting on the 1200 block of 7th Street, NW, on March 29. A juvenile sustained injuries during the incident.

He pleaded guilty to aggravated assault and possession of a firearm during a crime of violence in exchange for the prosecution dropping other charges and not seeking indictment on greater charges.

Foster is being tried as an adult under Title 16. That gives prosecutors flexibility about whether to charge juveniles as adults for certain serious crimes.

According to the prosecutor, the possession charge has a mandatory minimum sentence of five years, although Foster’s defense attorney, Megan Allburn, asked for a Youth Rehabilitation Act (YRA) study.

The YRA allows the opportunity for defendants who committed a crime when they were 25 or younger to have their records sealed once they complete their sentence. Additionally, being sentenced under the YRA means mandatory minimums do not apply.

Foster will also have to register as a gun offender during his term of supervised release and two years after.

The prosecutor said that they would have proven during trial that Foster went into an apartment during a birthday party and shot the victim in the stomach, shoulder and elbow in a bedroom.

Foster will be held pending sentencing.

Parties are set to reconvene on Dec. 12.

Shooting Defendant Accepts Plea Deal

A defendant involved in a non-fatal shooting accepted a plea deal in front of DC Superior Court Judge Andrea Hertzfeld on Sept 22.

Daveon Hebb, 18, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his involvement in a shooting incident that occurred on Jan. 29 on the 3300 block of Wheeler Road, SE.

Hebb’s attorney, Bryan Bookhard notified Judge Hertzfeld that Hebb intended to accept a plea deal, which required him to plead guilty to assault with a dangerous weapon and endangerment with a firearm, in exchange for the prosecution limiting their sentencing request to the midpoint of the guidelines.

The prosecution claimed that, if they were to go to trial, they would be able to prove that Hebb shot at a ride share driver for the company Empower by providing a jury with CCTV footage and evidence of multiple bullet holes that were on the passenger side of the vehicle, with a bullet casing found in the passenger tire.

Judge Hertzfeld found a factual basis for the plea deal and ordered a pre-sentence investigation report for Hebb.

Bookhard also requested Hebb be released to released to home confinement, citing his involvement in various training programs, including HVAC, Solar, and Culinary programs. They also cited that Hebb’s daughter had her second birthday on Oct. 25, and he wants to be able to raise her.

The prosecution argued that since Hebb had pled guilty, he was under the presumption of confinement, and argued for him to remain in custody. Judge Hertzfeld sided with the prosecution, keeping Hebb in custody until his sentencing hearing.

Parties are slated to reconvene on Nov. 20.

Stabbing Defendant Refuses to Attend Court

A stabbing suspect refused transport from the DC Jail to the courthouse for a hearing before DC Superior Court Judge Errol Arthur on Sept. 23.

Darryen Kenney, 24, is charged with assault with a dangerous weapon due to his alleged involvement in a non-fatal stabbing on the 3400 block of 18th Street, SE, on Aug. 23. One person was injured in the incident.

During the hearing, defense attorney Sharon Weathers waived Kenney’s appearance in court, telling the court Kenney was being held in custody for another felony matter, but had refused to come to the courthouse from jail to be present for the hearing.

Parties are slated to reconvene on Oct. 6.

‘I Didn’t Want to Die. I Just Got Home,’ Says Murder Defendant

A homicide defendant testified about his version of a shooting before a jury in DC Superior Court Judge Jason Park’s courtroom on Sept 18.

Alphonso Oliver, 36, is charged with second-degree murder while armed, carrying a pistol without a license, unlawful possession of a firearm with a prior conviction, and possession of a firearm during crime of violence.

The charges stem from his alleged involvement in the fatal shooting of 16-year-old Levoire Simmons on July 5, 2022, at the 700 block of Kenilworth Terrace, SE.

According to court documents, Simmons suffered a singular gunshot wound to the head and was pronounced dead on scene.

Oliver has a previous conviction for aggravated assault knowingly while armed from 2012. He was sentenced to 12 years incarceration, of which he served ten. He was released on March 4, 2022.

“I didn’t want to die. I just got home,” said Oliver.

Oliver walked the jury through the events of that night from his perspective. He had been released from jail for almost four months when the incident occurred. He testified he had plans to become a truck driver and travel.

Oliver testified that in the early hours of July 5, 2022 he and a woman were walking to a convenience store when he came into contact with Simmons, who was a part of a group hanging out on Kenilworth Avenue.

As the two walked towards the convenience store and were passing the group, an individual allegedly ran straight at Oliver brandishing his weapon. Oliver testified he had put his own weapon in his waistband before leaving for the store because he lived “in a bad neighborhood.”

Oliver said he put his hand on his own weapon in his waistband as the individual ran at him. The person ran past him as he crossed the street and a woman from the group yelled, “He got a gun; he got a gun”. Oliver allegedly addressed the group saying, “It’s not for y’all, I don’t want no problems.”

He stated then Simmons approached him saying, “I should take your mother f****** dog.” The “dog” he was referring to was the defendant’s gun.

Oliver told the jury he said, “I don’t want no problems, I don’t want to go back.” According to Oliver, Simmons told him he was good, and Oliver thought there were no longer problems between them.

The prosecution questioned why he was looking over his shoulder on the way to the store and pacing once inside if he was sure there were no problems with Simmons.

According to Oliver, the pacing was subconscious behavior he developed from his time in incarceration. He added he was able to tell there were no problems when no one from the group chased him into the store.

Wole Falodun, Oliver’s attorney, asked Oliver specifically how he ended up pulling the trigger, shooting Simmons.

The defendant said as he was walking back from the store he decided to introduce himself to the group because he thought they looked like they were from the neighborhood and he was “liable to see them again.”

He walked across the street towards the group with his hands in the air in a surrender position and asked the group, “Can I come at y’all like this?”.

At that point, Oliver testified, Simmons had his back to him and the person who had ran at Oliver before was standing perpendicular to Oliver facing Simmons.

As Oliver approached, Simmons allegedly turned, brandished his weapon, and advanced on the defendant so quickly that Simmons’ gun hit Oliver in the left temple. Oliver said he grabbed Simmons wrist of the hand that held the gun and reached for his own.

According to Oliver, Simmons in response grabbed Oliver’s arm just as he had done before. The two then tussled for control of the weapons. Oliver stated he saw the other man move from the corner of his eye and that is when he pointed Simmons’ gun downward and pulled the trigger, shooting Simmons in the head.

In cross examination the prosecution asked why Oliver was approaching a group of strangers, who he knew had weapons, at one in the morning.

The defendant said it was because he wanted to warn them about the dangers of having guns because of what could happen to them and due to the fact that “police were around the corner.”

The prosecutor asked if it was true that, “The person with the gun in his waist band was going to give advice to people with guns on gun safety.” Oliver said yes.

The defendant was asked if during the time when Simmons and Oliver were struggling over the gun the other man brandished his weapon at Oliver. He said no. She asked if the other man made a move to grab or point his gun at Oliver. He testified no.

He stated that when he saw the man move he thought he was going to be shot.

She went on to ask why he did not call 911 or for an ambulance before or after he fled the scene.

“I don’t want to go back, I didn’t want to be locked up,” Oliver said, adding “It’s not something I wanted – he put a gun to my head”.

The prosecution said he had asserted during his entire testimony that he had willingly gone up to this group of individuals to provide advice in which, “You didn’t know them from Adam” Oliver responded, “or Eve”.

The prosecutor played a snippet of a recorded phone call between Oliver and his cousin where Oliver was quoted saying, “Why would you go up to a group you ain’t know?”

Prosecutors also called on a forensic toxicologist to testify to the results of the report on Simmons ordered by the DC Chief Medical Examiner’s Office.

Simmons blood alcohol content at the time of death was .08, the legal limit. The witness stated that this indicated that the victim had been consuming alcohol shortly before the time of death. In addition, marijuana was found in the victim’s blood work.

The toxicologist made an important distinction between finding concentrations of alcohol compared to cannabinoids in an individual’s blood.

According to the witness, when marijuana is found in blood work it only indicates that an individual has come in contact with it, but not when they came in contact. This is because cannabinoids remain in the system for a longer period of time than alcohol.

The toxicology report results showed that at the time of his death Simmons was influenced by both alcohol and THC.

In cross examination, Falodun asked the witness if he knew if substances affected kids differently than adults, and if yes how so? The witness said while he knew the effects were different because children are still developing, he could not testify to the direct differences because more studies would need to be done.

Falodun made two motions for acquittal of the case. Judge Park denied both.

Parties are set to reconvene Sept. 22

Forensic Expert Says Suspect’s DNA Probably on Murder Evidence

A forensics’ analyst appeared before DC Superior Court Judge Rainey Brandt on Sept. 17 and 18, and testified that a murder suspect’s DNA was likely in samples found on several pieces of evidence.

Reginald Steele, 26, is charged with conspiracy, first-degree murder, 10 counts of assault with intent to kill while armed, assault with a dangerous weapon, 11 counts of possession of a firearm during a crime of violence, four counts of carrying a pistol without a license, five counts of possession of an unregistered firearm, and two counts of tampering with physical evidence.

These charges stem from Steele’s alleged involvement in four separate shootings, including the murder of 13-year-old Malachi Lukes and injury of another juvenile on March 1, 2020, on the 600 block of S Street, NW. Steele’s accused of a separate shooting the same day with no reported injuries on the unit block of Channing Street, NE.

The other incidents Steele is accused of include a non-fatal shooting that injured two individuals on Feb. 22, 2020 on the 700 block of Farragut Street, NW, and a non-fatal shooting that injured three on Feb. 24, 2020 on the 1700 block of 9th Street, NW.

Prosecutors called on a forensic analysis expert who explained the basics of DNA and forensic analysis to the jury and presented her findings. The lab tested DNA samples found on several pieces of evidence—such as a car door handle, steering wheel, clothing, and beverage containers—to determine whether Steele’s DNA was likely to be in the samples. She found it to be highly probable that Steele was a source of multiple DNA samples on the physical evidence linked to the case.

The analyst testified she examined a pair of pants that, according to the witness, provided “limited support for exclusion.” In other words, there is a high probability that the DNA found on the pants belongs to Steele.

Defense attorney Megan Allburn questioned the process of DNA analysis in her cross-examination. The witness explained that, despite finding DNA on the evidence, an analyst cannot tell the court when, how, or why the DNA ended up on the item.

Allburn also questioned the witness on “touch DNA,” or the process by which touch transfers DNA evidence. Allburn described herself touching the jury box, and then explained how, if a juror touched the same place she did, her DNA could end up on anything that juror touched–despite never touching it herself–because her DNA would be transferred. The witness explained that it is “very possible” for multiple transfers to occur.

A second witness called by the prosecution was a digital forensic examiner. The witness testified to extracting information from a phone, which she identified as belonging to codefendant Aaron Brown, 29, using the Apple ID, email accounts, and social media accounts found on the user profile.

Call logs from the phone showed multiple calls from a contact labeled as “Gordo,” which, according to police documents, is the defendant’s nickname.

Cross-examination of the witness revealed that the calls had all taken place after the March 1 murder.

Parties are slated to reconvene Sept. 22.

Search