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After nearly a month in trial, a jury found a murder defendant guilty on all counts, for the second time.
On Oct. 30, a jury convicted Anthony Waters of first-degree murder while armed in connection to the murder of Derrick Harris on the 2600 block of Birney Place, SE in 2010.
The defendant was also convicted of carrying a pistol without a license and possession of a firearm during a crime of violence.
Waters, 51, was initially found guilty on all counts in 2012. Subsequently, Waters was granted an appeal in 2015. The appeal trial began Oct. 1.
Throughout the nearly four week trial, the prosecution called multiple witnesses, including Harris’ wife, to testify about the facts of the murder. During the same time, the defense sought to discredit the prosecution’s witnesses.
According to the prosecution’s theory, the motive behind Harris’ death traces back to a 1998 murder trial. Apparently, Harris, 37, testified against Waters’ best friend. The prosecution said that Harris, Waters and the friend are from the Parkchester neighborhood.
Furthermore, the prosecution argued that after Harris testified he was a “marked man” in Parkchester. According to the prosecution, Harris stayed away from the neighborhood until the day he was murdered.
Following opening arguments, Harris’ wife testified that he was in the neighborhood to help a friend move a table. However, while he was there, witnesses say Waters confronted Harris, punched him in the face and said, “I bet not see you when I get back or I’m going to kill you.”
Witnesses gave various accounts of how much time passed; however, a short while later witnesses say they saw a man in a white tank top or “wife beater” and tan shorts wearing a ski mask approached Harris and open fire.
According to the prosecution, one of the witnesses, who allegedly saw the murder from her apartment, saw the shooter walk away and take his ski mask off. The witness identified Waters as the shooter.
During the trial, the defense argued the witness couldn’t have seen the shooter because there was a large tree in front of the witness’ building that would have obstructed her view. The defense presented pictures of the apartment complex that corroborated their argument; however, a Metropolitan Police Department officer testified that the picture was taken in 2018 rather than 2010, when the murder occurred. Furthermore, the officer said that he wouldn’t be surprised that the tree had grown since the night of the murder.
The defense also attempted to discredit another witness, who alleges she also saw the murder from her apartment, on the basis of her mental health. According to the defense, the witness was diagnosed with bipolar disorder and schizophrenia. The defense said that during the weeks leading up to the murder the witness was hearing voices and saw green people.
During closing arguments, the defense told the 16-member jury that the witness’s mental health was an “unfortunate reality that makes her an unreliable witness.”
Amid the trial, the defense motioned for the case to be dismissed and said that Harris’ death was not connected to Waters. Instead, counsel argued that Harris’ death was related to drugs.
The judge denied the motion.
Waters is scheduled to be sentenced on Jan. 18, 2019.
On Oct. 31, a witness identified the shooter in a 2016 homicide. However, another witness spoke of police harassment during the investigation.
Kenneth Adams is charged with first-degree murder while armed, obstruction of justice and other firearms offenses for allegedly shooting 21-year-old Dante “Te” Kinard on the 1800 block of Benning Road, NE in 2016. Apparently, Kinard was not the intended target.
During the trial, a witness denied knowing who the shooter was but, when shown footage of a previous interview with detectives, recalled telling police that Adams shot Kinard.
The witness also said the defendant previously shot at an individual that was in the group with her and the decedent before the night of the incident.
“Those bullets were not for Te,” the witness said.
However, another witness told the jury that police harassed him after the shooting. The witness said six officers pushed him against a wall and put their hands around his neck. The witness said he did not see the shooting but heard gunshots.
“They weren’t trying to help. They were worried about the crowd instead of the person dead on the street,” the witness told the jury.
According to court documents, Adams walked toward a group of people on Benning Road, pulled out a gun and started shooting.
The defendant allegedly robbed the sister of an individual in the group that was with the decedent. According to the prosecution, the individual was from the Langston neighborhood which rivals with the 21st and I Street, NE neighborhood. Adams, who is from the 21st and I Street neighborhood, allegedly said the individual was “next.”
Multiple eyewitnesses identified Adams as the shooter. However, when police inquired further, one witness said that it was too dark to identify who the shooter was, the documents said.
The trial continued on Nov. 1.
Shams Sohani contributed to this article.
On Oct. 31, a murder defendant’s preliminary hearing was continued.
Phillip Peoples is charged with second-degree murder for the hit and run of 67-year-old Thomas Hollowell. Hollowell was riding his bike when Peoples, 20, allegedly struck and killed him on the 1200 block of Constitution Avenue, NW.
Even though the status of the case is unclear, the defense said the prosecution “would be giving [Peoples] an offer he couldn’t refuse.”
A status hearing is scheduled on Nov. 7.
During a status hearing Oct. 31, a murder defendant accepted a plea deal that downgraded his three charges to one.
Lorenzo Davis pleaded guilty to negligent homicide in connection to the death of 28-year-old Jacqueline Barnes on the 4100 block of Alabama Avenue, SE in 2015.
According to a proffer of facts, on the night of the murder, it was raining when Davis, 50, sped down Alabama Avenue, lost control of the car, mounted a curb and crashed into a tree. Apparently, Barnes was a passenger in the car and was thrown from the vehicle during the crash. Davis fled the scene. According to the prosecution, there was no evidence that Davis attempted to stop the car or avoid colliding with a tree.
Davis was charged with second-degree murder, leaving after colliding and reckless driving. Per the terms of the plea agreement, the prosecution agreed to downgrade Davis’ second-degree murder charge to negligent homicide and drop the remaining charges. Contingent on the judge’s approval, Davis could be sentenced to a maximum of five years in prison.
Following the plea, Davis’ defense attorney, Ieshaah Murphy, requested her client be released pending sentencing. According to Murphy, Davis has been detained for more than two years and based on the plea agreement she noted it’s likely Davis would be sentenced to between two and four years in prison. Murphy said Davis should be placed in a halfway house as a means to begin his reentry into society.
The prosecution argued that Davis should remain detained. The prosecutor said he believes Davis’ sentence would be more than the time he’s already served.
The judge agreed and ordered Davis remain held without bond.
Davis is scheduled to be sentenced on Jan. 3, 2019.
A DC Superior Court judge denied Oct. 30 severance motions to separate three murder defendants.
Shakim Lyons, Harry Herbert, and James Coffield are charged with second-degree murder while armed for allegedly shooting Dwayne Dillard on the 2600 block of Douglass Place, SE in 2015.
Defense counsel for Herbert, 30, and Coffield, 26, filed a motion for severance, however, according to the prosecution, separating the defendants could cause issues because Herbert and Coffield wanted to claim self defense.
Not only were Herbert and Coffield’s motions to separate denied, but Judge Ronna Beck also declined to set a date by which Herbert and Coffield must give notice of any prior bad acts testimony they wanted to use against Lyons, 28.
The judge will address motions to suppress evidence and identification during the trial next year.
A trial readiness hearing is scheduled on Sept. 18, 2019. The trial date is set to begin on Oct. 16, 2019.
A DC Superior Court judge was scheduled to sentence a murder defendant Oct. 30; however, the hearing was continued after the defense voiced concerns about the agreement.
In August, Tyreke Chambers pleaded guilty to second-degree murder while armed for fatally stabbing Tracy Jones, 46, on the 2500 block of Alabama Avenue, SE in 2015.
“Honestly the phrase ‘statutory mandatory minimum’ bothers me and I need to consult with my client first,” Monica Douglas, Chambers defense attorney, said.
During the hearing, Judge Craig Iscoe accepted 20-year-old Chambers’ plea and planned to sentence him to 10 years in prison and five years of supervised release per the terms of the plea.
However, while the judge was reading documents pertaining to the case the defense said she was unaware of the statutory mandatory minimum that was placed within the deal. Douglas told the court that she needed to conduct additional research on the matter before she could fully agree.
Judge Iscoe continued the sentencing to Nov. 1.
The Metropolitan Police Department is currently investigating a fatal shooting that occurred on the 5000 block of Fitch Place, NE.
According to a press release, 26-year-old Terrance Johnson was found Oct. 30 suffering from a gunshot wound. He died on the scene.
A reward of up to $25,000 is being offered for information that leads to an arrest and conviction in this homicide and any other homicide in DC. Anyone with information about the case should call 202-727-9099 or text the department’s TEXT TIP LINE by sending a text message to 50411.
During a status hearing, defense counsel requested the prosecution turn over evidence from the Metropolitan Police Department that connects the decedent to gang activity.
Mario Alfaro is charged with first-degree murder while armed and related weapons offenses for allegedly shooting Jonathan Vilchez on the 5400 block of Georgia Avenue, NW in 2017.
The prosecution said Oct. 30 that a preliminary report, which includes the names of contacts and research related to the case and the decedent’s possible involvement in gang activity, was given to the defense.
The prosecution agreed to fulfill the defense’s request but said the inquiry into the evidence has not been made.
According to court documents, surveillance footage shows Alfaro, 23, mouthing something to Vilchez, 22, while they were in a convenience store. Both men pulled out guns, and Vilchez shot Alfaro, first. As Alfaro left the store, he fired multiple shots at the decedent before running away.
Police subsequently found a blood trail which led them to the murder weapon, which was located inside a dumpster. The trail also led them to Alfaro who was suffering from gunshot wounds, the documents said.
In 2017, during a preliminary hearing, a detective testified that the men appeared to be in the same street gang. He noted that there had been no conflicts between the two prior to the incident.
A status hearing is scheduled on Nov. 9.
Continue following D.C. Witness for updates regarding the case.
During a felony status conference, a DC Superior Court judge gave defense counsel additional time to review materials related to a murder defendant’s case.
Roger Hamilton is charged with second-degree murder, driving under the influence and assault with the intent to kill while armed for allegedly hitting Vincent Childs with his car on the 3200 block of Wheeler Road, SE in March.
According to court documents, Hamilton, 37, was under the influence of alcohol when his car jumped a curb and hit Childs, 42. Apparently, he tried to flee the scene but was stopped by a witness.
On Oct. 4, the defense motioned to appoint attorney Joseph Scrofano to represent Hamilton. Scrofano asked for further time to review materials related to the case. The specific items Scrofano needed to review were not disclosed.
Judge Danya Dayson granted the extension.
Another felony status conference is scheduled on Dec. 10.
The Metropolitan Police Department is currently investigating a fatal shooting that occurred on the 4400 block of Douglas Street, NE.
According to a press release, 19 year-old Trayvon Wood was found Oct. 27 suffering from multiple gunshots. He was taken to a local hospital where he was pronounced dead. A second victim was also transported to the hospital with non-life threatening injuries.
A reward of up to $25,000 is being offered for information that leads to an arrest and conviction in this homicide or any other homicide in the District of Columbia.
According to D.C. Witness data, the homicide is the 140th homicide to happen in Washington, DC in 2018, a 32 percent increase from the same time last year.
A defendant’s murder trial was continued until Oct. 31.
Kenneth Adams is charged with first-degree murder while armed, among other charges, for allegedly shooting 21-year-old Dante Kinard on the 1800 block of Benning Road, NE in 2016. Kinard was not the intended target in the shooting.
There will be a 3-day gap in the trial because District of Columbia Superior Court Judge Judith Bartnoff said Oct. 25 that she will not be able to preside over the trial until Wednesday.
On Oct. 22, the prosecution told the jury that Adams, 20, walked toward a group of people on Benning Road, pulled out a gun and started shooting.
According to court documents, multiple eyewitnesses identified Adams as the shooter. However, when police inquired further, one witness said that it was too dark to identify the shooter. The decedent apparently warned the witness as Adams and a group of unidentified individuals approached them.
Adams allegedly robbed the sister of an individual in a group that was with the witness and decedent. According to the prosecution, the individual was from the Langston neighborhood which rivals with the 21st and I Street, NE neighborhood. Adams, who is from the 21st and I Street neighborhood, allegedly said the individual was “next.”
Follow D.C. Witness for updates on the case.
On Oct 26, a judge granted the defense’s request for co-counsel in a murder case.
Denzel Grandson, 26, is charged with first-degree murder while armed for allegedly shooting 36-year-old Simwone Milstead at 2700 block of Langston Place, SE in 2014. Milstead succumbed to his injuries at a hospital the following day.
According to DC Courts, attorney Charles Murdter, a partner at the Law Offices of Oliver and Murdter in Washington, DC, will assist defense attorney Andrea Antonelli with the case.
In addition to another defense attorney, Assistant United States Attorney Ellen D’Angelo was assigned to the case.
A status hearing has been scheduled on Dec. 14 to discuss an inquiry on DNA testing.
Follow D.C. Witness for updates on the case.
During a hearing, a DC Superior Court judge released a murder defendant after learning he was diagnosed with cancer.
Andre Gray is charged with second-degree murder for his alleged role in the death of 37-year-old Keisha Whitaker on the 1500 block of 18th Street, SE in September.
According to court documents, officers responded to 18th Street on reports of a car crash and found a car on fire and people trapped inside. Whitaker was in the passenger’s seat. Apparently, the car struck a tree.
During the investigation police learned the backseat passenger and the decedent smoked a “dipper,” a cigarette laced in PCP, and Gray, 56, picked them up in a green Subaru. According to the passenger, Gray was “acting weird and talking funny.” The passenger told police, that after passing by police cars Gray started speeding, mounted a curb and drove on the sidewalk.
Another witness told police that prior to crashing into a tree, the car sped around a corner and appeared to be on two wheels during the turn.
On Oct. 26,Judge Ronna Beck granted defense attorney Kevin Mosley’s request to continue the preliminary hearing. Mosley told the court he needed time to review new information, including his client’s toxicology report from the day of the murder.
Subsequently, Mosley argued in favor of his client’s release noting that Gray has prostate cancer and is scheduled to begin chemotherapy at the end of November. Furthermore, Mosley said it’s “difficult” for his client to receive treatment at a correctional facility.
The prosecution disputed Mosley’s claim and said the defendant can receive treatment in jail. The prosecution also argued that there hasn’t been a ruling on probable cause and therefore the defendant’s detention should be maintained until a preliminary hearing is held.
Judge Beck granted Gray’s release and said she wanted to be sure he received “proper treatment.” Per the terms of his release, Gray will be confined to his home unless he’s traveling in connection to medical treatment or court proceedings. Gray is not allowed to drive.
Gray is scheduled for a preliminary hearing on Dec. 14.
On Oct. 23, a murder defendant rejected a plea offer and decided to proceed with his third trial.
Derryck Decuir has been tried twice for allegedly shooting 15-year-old Malek Dayvon Mercer on the 2800 block of 28th Street, SE, in 2015. Mercer died days before his 16th birthday.
During a status hearing, prosecutors offered Decuir, 26, a plea deal for voluntary manslaughter. However, Decuir rejected the plea offer, choosing to take his case to trial.
In 2017, a jury found Decuir guilty of unlawful possession of a firearm with a prior felony, carrying a firearm without a license with a prior felony, obstruction of justice and tampering with physical evidence. He is currently serving a 23-year sentence. A mistrial was declared on the murder charges.
In March, Decuir was tried a second time for murder and gun possession charges. The trial resulted in another mistrial.
The third trial against Decuir is expected to be held on April 1, 2019.
A trial readiness hearing is scheduled on March 8,2019.
