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Prosecution calls more eyewitnesses on 3rd day of murder trial

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

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

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

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

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

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

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

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

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

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

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

The trial is expected to continue on Feb. 20.

Prosecution urges jury to convict alleged shooter

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

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

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

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

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

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

Is Davon Peyton Guilty?

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

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

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

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

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

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

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

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

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

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

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

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

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

Jury deliberates on 1991 murder trial

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

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

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

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

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

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

Counsel delivers closing arguments for 1991 triple homicide trial

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

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

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

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

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

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

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

Alleged shooter claims death was an accident

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

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

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

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

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

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

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

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

Was a 2015 homicide self defense or premeditated?

Was a late morning homicide in Ward 3 spurred by self defense or premeditated?

Kevin Chase and Demetrious Brandon are charged with first-degree murder while armed and possession of a firearm during a crime of violence in the alleged fatal shooting of Marcus Manor on the 2900 block of Sherman Avenue, NW on Oct. 20, 2015. Chase is also being charged with unlawful possession of a firearm, carrying a pistol without a license and assault with significant bodily injury. Brandon is also being charged with accessory after the fact for an assault with the intent to kill while armed. The murder trial began on Feb. 12 and is expected to continue until March 5.

On Feb. 13, the prosecution presenting Manor, who was 38 at the time of his death, as a father of two sons and a daughter. The prosecution said Manor, who was involved in a romantic relationship with Chase’s sister since the Spring of 2015, only went to her residence to get her back.

The prosecution admitted the relationship between the sister and Manor was violent, but said the two also shared moments of love. According to the prosecution, when the sister finally kicked Manor out of her apartment, she did not want to take him back, but Manor kept trying. So, Chase, 30, planned to take care of his sister’s problem indefinitely and called Brandon, 30. The two planned the homicide, the prosecution said.

Depicting Chase’s ill will towards Manor, the prosecution also cited an assault on Oct. 16, 2015, where Chase broke Manor’s nose and cheek bone.

However, Chase’s attorney, Kevann Gardner, depicted a very different picture during the defense’s opening statements.

The defense argued the homicide was not a crime; it was self defense. “He is going to kill me,”Gardner said, referencing Chase’s thoughts in the seconds before the shooting.

According to Gardner, Manor, who was allegedly known as “killer” on the streets, put Chase in a predicament where it was either shoot or be killed.

“None of us should have to find ourselves in the place Kevin Chase found himself on that day,” Garner said. He said Chase only protected himself, which is what the law allows.

James Williams, Brandon’s attorney, added that Brandon didn’t know about the relationship between Manor and Chase’s sister nor was he holding a gun. Williams said, Brandon was only at the residence to visit with his longtime friend.

Throughout the rest of the day, the prosecution called seven witnesses, the younger brother of Manor, two Metropolitan Police Department officers and one detective, three area residents and a technician from the D.C. Department of Forensic Science.

Manor’s brother supplied the jury with biographical information about the decedent and emotionally identified him on a poster in the courtroom. The officers and technician discussed their actions while on the crime scene that day and the residents, who were in the area during the time of the shooting, told the jury what they saw after hearing the gunshots.

One resident said he saw a black man holding a gun with two hands facing a black truck, which was identified as a Ford Explorer. Later, that same resident saw a thin black man get into a car at a gas station on the corner of Sherman Avenue, NW and Harvard Street, NW. Another resident said she saw a thin black man running southward on Sherman Avenue, NW after the shooting with a four door sedan following behind him.

In addition to the testimonies, the prosecution also submitted numerous photo exhibits and two 911 calls into evidence.

Witness unable to testify in triple homicide trial

A witness called to testify, in a triple homicide murder trial, did not appear in court Feb. 12 because of an undisclosed medical condition.

According to the defense, the witness saw Benito Valdez while the witness was running away from gunshots in Langdon Park on the night of April 23, 1991.

However, the prosecution said the witness told police they weren’t at the park at all on the night of the homicides.

Judge Judith Bartnoff questioned if the witness would be able to testify because of their medical condition. The defense requested to use testimony from the witness’ doctor.

The doctor’s testimony could determine whether the case against Valdez would be postponed until the witness could testify or if closing arguments would begin Feb. 13. The trial began on Jan. 22.

Valdez is charged with first-degree murder while armed for allegedly fatally shooting Curtis Pixley
, 29, Keith Simmons, 24, and Samantha Gillard
, 23.

Records show victim’s visit not so ‘unexpected’

On Feb. 12, the prosecution rebutted the defense’s claim of an unexpected visit as a cause to the decedent’s death in a 2015 homicide by presenting phone records.

The government called a custodian of records from T-Mobil USA to expose Davon Peyton’s phone records on the night of Ray Andre Harrison’s death.

Although Peyton’s attorneys, Matthew Davies and Joseph Wong, alleged that Harrison showed up at Peyton’s apartment unexpectedly on the night he was shot, the phone records showed that Harrison, 21, called Peyton, 27, twice after midnight.

Even though the records showed that Peyton did not answer any calls from Harrison, they also showed that Peyton made outgoing calls after Harrison’s calls went to voicemail.

During cross examination, Wong stressed the fact that Harrison’s calls went to voicemail and that Peyton never actually spoke to Harrison.

In addition to the phone records, the prosecution also called two DNA experts to corroborate that Harrison was allegedly shot with Peyton’s gun.

Peyton has been charged with second-degree murder while armed. The trial is expected to continue on Feb. 13.

Spires receives 35 years for Kevin Sutherland homicide

The man who pleaded guilty to fatally stabbing Kevin Sutherland was sentenced to 35 years on Feb. 9.

In addition to his sentence, Jasper Spires will be required to serve five additional years under supervised release. The court has ordered that Spires, 21, also receive mental health treatment and undergo a mental evaluation prior to his release.

“I do not hate the defendant, but I hate what he did to my son,” Sutherland’s father, said during the sentencing. Sutherland’s parents spoke about their love for their only son.

Sutherland, who was 24 at the time of his death, was robbed and stabbed on a Red line metro train as it approached the NoMa-Gallaudet University metro station on Independence Day in 2015. According to reports, Spires also robbed other people before leaving the metro station.

“Our grief will go beyond 30 to 35 years, and I am glad we are not beholden to this courthouse, because Kevin never lived in these four walls,” Sutherland’s cousin said. “He lived in this city.” The trial began in October of 2015.

As part of the plea deal, the government would not pursue other charges that are not related to the homicide.

Craig Hickein, Spires’ defense attorney, said Spires wanted to take responsibility for his actions.

According to a report from St. Elizabeths Hospital, D.C.’s psychiatric facility, issued on May 10, 2017, doctors said that even though Spires was suffering from paranoid schizophrenia at the time of the murder, he still had control over his actions.

Judge Judith Bartnoff said that while Spires’ mental illness provides some explanation, it is not enough for the family and friends of Sutherland.

In preparation for sentencing, the judge said she received and read 60 impact statements from several members of Sutherland’s family and the community, detailing how the homicide has affected them both personally and professionally.

Sutherland graduated from American University in 2013. He served as an intern for Rep. Jim Himes (D-Conn.) and worked as a digital political strategist for digital strategy firm New Blue Interactive.

Prosecution questions testimony of murder defendant’s ex

The validity of the testimony of the ex-girlfriend of alleged shooter Davon Peyton was questioned Feb. 8.

Peyton, 27, is charged with the 2015 shooting death of 21-year-old Ray Andre Harrison.

Even though the ex-girlfriend testified that she never saw Peyton grab his gun on the night of the homicide, the prosecution presented video clips from the Metropolitan Police Department that showed the ex-girlfriend telling police that Peyton grabbed his gun after seeing someone at the window.

The ex-girlfriend also signed a police report where she stated that she “witnessed Peyton shoot Harrison.”

Peyton’s attorney, Matthew Davies, emphasized that the ex-girlfriend also said Peyton “didn’t mean to” shoot Harrison and that the shooting was an accident. He claimed the prosecution was trying to impeach the ex-girlfriend’s testimony.

As the ex-girlfriend recalled the night, she said Harrison called “four to five” times, but Peyton didn’t answer because he thought Harrison tried to steal from him the week before.

She also said she was nervous to be at the trial and wouldn’t have showed if she hadn’t been subpoenaed. The ex-girlfriend said her relationship with Peyton had been rocky.

The trial is expected to continue on Feb. 12.