DC Criminal Lawyer Blog

A Washington DC man entered a guilty plea November 10th in DC Superior Court for a shooting rampage in which four people were shot, one sustaining fatal injuries in the incident. Thirty-three-year-old Seneca Benjamin, who was previously convicted on 16 separate counts in relation to the incident, entered the plea, at the advising of his Washington DC criminal attorney, during jury deliberations in the case.

Benjamin's previous convictions included mayhem while armed, aggravated assault while armed, and assault with intent to kill for the incident on April 26th of 2009 that left fourty-two-year-old Monique Nalle dead of gunshot wounds to the head and chest. Federal prosecutors said that Benjamin "periodically spent time" at the home where his uncle and cousin lived with Nalle. Evidence in the case indicated that Benjamin went to their home on the day of the shooting, asking Nalle about a submachine gun. Nalle denied knowing where the gun was located, and prosecutors say she then accused Benjamin of slashing her son's tires. After refuting Nalle's claim, police say, Benjamin drew a firearm and fatally shot the victim.

Benjamin's uncle Andre Benjamin, who was watching television when the shooting occurred, "dove at" his nephew in an attempt to save Nalle. The defendant then shot Benjamin in the face. After he shot the elder Benjamin and Nalle, Seneca Benjamin encountered Whitfield Arnett, another person living in the house, downstairs in a chair. Benjamin then shot Arnett in the neck, chest and fingers, according to evidence presented in court. A fourth resident at the Bryant Street home snuck back into the house upon hearing the gunshots, and Benjamin shot the man in the chest. All three men survived the wounds sustained in the incident.

Sentencing in the case is set for January 21st, 2011. Benjamin faces more than 100 years in prison for the charges on which he was convicted.

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

A Silver Spring man was sentenced last week for his role in the 1990 road rage altercation that left a twenty-one-year-old man dead. Forty-two-year-old John Holmes is said to have been impassive at the "emotional" sentencing, after relatives of the slain man testified about the "cold-blooded" killing.

The incident occurred the night of July 13th, 1990. Twenty-one-year-old Ronald Jones Jr. and three friends were in the victim's vehicle on Massachusetts Avenue NW when the altercation erupted. Court records state that sometime during the incident, Holmes drew a .357 magnum, shooting Jones four times. The victim's sister, LaQuisha Jones-Campbell, testified about her brother's promising future- that he had been accepted into Howard University's law program and planned to try out for the Dallas Cowboys- at the time of his murder:

"I remember the phone call that night. The phone call that caused my mother's knees to buckle and sent her crying on the kitchen floor," she said. "I remember four friends out having a good time, not knowing they would cross the path of a cold-blood murderer."
Jones's mother Deedra also spoke of the impact of her son's death on the family:
"We did everything right in raising our children. He was a good son with a future," she said. "It is unbelievable that someone would pull out a gun over something so silly. My family will never be the same."

The case lay dormant for nearly 20 years before a friend of Holmes who had witnessed the crime finally came forward in 2008. Holmes was charged with second-degree murder, and was found guilty during a trial this past July. DC Superior Court Judge Michael Rankin sentenced Holmes on October 29th to 15 years to life in prison on the second-degree murder charge.

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Virginia Criminal Defense Lawyer and Maryland Criminal Attorney websites.

A Maryland man was convicted of first degree murder in the 1990 shooting of the son of a retired Washington DC homicide detective. John B. Holmes, 40, was accused of shooting Ronald Jones, Jr., then 22, after a traffic argument twenty years ago. According to witness testimony, Jones and his friends began arguing with another driver, identified as Holmes, who pulled out a .357 magnum when they approached a traffic light and shot Jones four times.

While several years went by without a suspect, an acquaintance of Holmes, Rodney Hunt, eventually told authorities in 2003 that he was following Holmes after a party and witnessed the shooting. After Hunt's tip, a friend of Jones identified Holmes as the shooter from a photograph in 2007, seventeen years after the incident. John Holmes was charged with the murder in 2008. Holmes's Washington DC criminal defense attorney argued that Hunt is a convicted criminal himself, and that he falsely identified Holmes as the shooter in an effort to seek revenge against his former friend.

Prosecutors called John Holmes a "remorseless killer," but his DC criminal defense lawyers say that there is no DNA evidence linking their client to the scene, and that the evidence in the case is based on questionable eyewitness identification. Despite such shaky evidence during the four day trial, a DC Superior Court jury took less than two hours to return a guilty verdict for John Holmes.Holmes's sentencing is scheduled for October 29, 2010.

This article is presented by The Law Offices of David Benowitz, a criminal and DUI defense firm serving Washington DC, Maryland, and Virginia. For more stories like this one, please visit our Maryland DUI Lawyer blog.

Despite the arguments of his Washington DC Criminal Defense Attorney, a man accused of slaying two store clerks during a botched robbery attempt was ordered held until his preliminary hearing on August 3. While his public defender argued that Christian Taylor, 25, should be released because he has no prior record of violent offenses, a DC Superior Court judge disagreed after noting that the suspect tested positive for cocaine after his arrest.

Taylor's arrest came after he was identified on surveillance video as the man who shot and killed a men's clothing store owner and his son while attempting to rob the store. The video shows a man entering the store and brandishing a handgun, ordering the clerk, Li-Jen Chih, to place money into a bag. After the suspect placed the gun in the bag, Chih attempted to wrestle it away from the suspect. The suspect then stood and fired the gun at the clerk, whose father rushed in upon hearing the gunshots. After Ming-Kun Chih attempted to knock the gun out of the suspect's hands, the shooter fired at him before tucking the gun into the waistband of his pants and fleeing the store.
Witnesses identified the car in which the suspect fled, and one recorded the vehicle's tag number. The car was traced to Taylor's mother, and he was subsequently identified as the shooter on the surveillance video.

Christian Taylor has been charged with two counts of first degree felony murder.

This article is presented by The Law Offices of David Benowitz, a criminal defense firm serving Washington DC, Maryland, and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

Even when American military men and women are fighting abroad, they can still be held accountable in the United States for crimes committed internationally. Practicing in the nation's capitol, an experienced DC criminal lawyer may encounter returning veterans accused of criminal charges for acts committed in other countries. In a recent case, a American soldier set to be freed after a Washington DC military court overturned a guilty conviction for the execution-style murder of an Iraqi man in 2006.

Seven Marines and one Navy man were originally charged in the murder case, included then-Sergeant Lawrence Hutchins. He was convicted of second-degree murder and given a dishonorable discharge from his position within the military. Prosecutors alleged during the trial that Hutchins was the "ringleader" in a conspiracy plot to kidnap a suspected enemy, kill him, and then lie about the cause of his death. The supposed goal was to make an example of him, warning other insurgents to end burying roadside explosives.

Hutchins is the only one remaining behind bars while the other six men convicted were detained no more than 16 months. Originally, he was sentenced to serve 15 years, but was reduced to 11 after the Washington DC military court overturned the decision. It was found by the court that Hutchins was denied a fair trial, as one of his head criminal defense attorneys left the case shortly before his court-martial. A Washington DC Criminal Defense Lawyer observing this matter would likely be intrigued by the challenges and complications that an international incident would add to this case.

Throughout the legal career of an experienced Washington DC criminal lawyer, it is common to represent a number of individuals who have been accused of a variety of criminal charges, including murder charges. Being located in a large, metropolitan city, some cases require years for law enforcement officials to solve, causing legal action to be taken years later. Such are the circumstances in the recent murder trial of a DC woman who vanished over ten years ago.

Although Yolanda Baker, 35, has been missing for almost eleven years, nobody was ever discovered and authorities only officially declared her dead last year. However, police officers have arrested her former boyfriend, Terrance Barnett, 45, on alleged DC murder charges in the first degree. Despite their difficult relationship, Barnett maintains his innocence in this case.

In the last thirty years, this is only the third time that a murder trial has proceeded, even though it was considered a "no body" case because they are incredibly difficult to successfully prosecute. Not only has a body not been found, but no murder weapon was found, and no cause of death has been established. In addition to a missing corpse, no eyewitnesses have been found with any information pertaining to Baker's disappearance or death. Although drops of Baker's blood were found in the trunk of her vehicle in the week following her disappearance, no DNA from Barnett was discovered.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Lawyers and Virginia Criminal Lawyers website.

Many times during the legal career of an experienced DC criminal lawyer, individuals are represented who have been accused of a variety of criminal charges. In any metropolitan area, including Washington DC, criminal investigations are conducted in order to find the culprit behind crimes. Currently, DC police have began an investigation surrounding the tragic death of a young girl, who died after failing to receive medical attention fast enough.

It is currently being investigated by offers who is to blame for the DC criminal charges that resulted in the death of a two-year old girl. At approximately 5:00 a.m. on February 10th, emergency medical services responded to a report of a young girl who was not breathing properly in southeast DC. Although a paramedic and ambulance arrived on the scene, the child was not taken to the hospital immediately after being evaluated. In fact, the young girl was not seen by emergency room doctors until nine hours later. Unfortunately, she died the next day.

When the first call was placed, the department sent one emergency medical technician and one "non-contact" paramedic. Emergency medical responders are held to strict guidelines and rules surrounding the handling of distress calls, leaving some to question why the young girl was not taken immediately to the hospital. After review, the EMT was returned to work while the paramedic's conduct is being reported to the Washington DC Police Department. However, according to Kenneth Lyons, the president of AFGE Local 3721, believes that the accused paramedic is being used as a scapegoat. "The agency is not held to a standard of accountability, and so they will continue to find scapegoats to somehow have the public believe that they're either done a good job or a credible job" he says.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

The legal career of a Washington DC criminal attorney is based around defending individuals who are wrongfully accused of criminal charges, including murder charges. Unfortunately, sometimes a jury rules in favor of the prosecution, sending innocent people to jail for crimes that they didn't commit. Such is the recent case of a Washington DC man who was wrongfully accused of raping and killing a Georgetown University student twenty-nine years ago. Even though DNA testing has since proved that he is innocent, because he was convicted of DC murder charges, he spent twenty-eight years behind bars.

In 1981, a DC prosecutor successfully convinced a jury that Donald E. Gates was responsible for the rape and murder of twenty-one year-old Catherine Schilling. Her nude body was found with five bullets in her head at Rock Creek Park. To convict Gates of DC murder charges, the prosecution relied on matching hair samples as proven by a FBI forensics analyst, the testimony of a paid witness, and Gates previous criminal history.

However, in 1997 the Justice Department discovered that Michael Malone, the FBI forensic analyst who reviewed the hair samples, did not provide truthful information in his reports on a number of cases nationwide, including Gate's. Since then, the case was reviewed and it was determined that just the paid informants' testimony and Gate's criminal history alone were not enough--the false testimony from the FBI forensic analyst severely weakened the prosecutions' case against him.

Although the prosecutors declined to comment on the case, this is the first murder conviction that has been overturned by DNA evidence in the lifetime of the Washington DC U.S. Attorney's office--and it is likely to not be the last. This case has caused many prosecuting attorneys in the area to double-check their case loads to ensure that they have also not wrongfully convicted someone of a crime the did not commit.

Since then, Gates has been released and relocated himself. He states that he is trying to adjust to freedom and life outside of prison, just months after his release. In regard to his wrongful conviction he stated, "I don't have anger towards anyone. I can't focus on what has happened to me. I can only focus on the now."

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Lawyers and Virginia Criminal Lawyers websites.

As a Washington DC Criminal Defense Attorney office, we represent many individuals who have been accused of a variety of criminal charges including murder. Cases we see are much like the example, of the Prince William County bus driver who was accused of fatally shooting another bus driver near a bus terminal last June.

Glenn K. Wade, 40, was arrested for felony murder charges in the shooting death of Darnell McPherson, 32. The body was found close to the headquarters of the Potomac and Rappahannock Transportation Commission in Woodbridge. Both men worked for First Transit, a company that provides bus drivers to PRTC. Authorities believed upon arresting Wade that the shooting stemmed from an argument between them.

However, the charges were dropped after DC prosecutors had "insufficient evidence" to fully proceed with a murder case against Wade. The extent of the evidence that law enforcement officials have gathered is unclear. A sport-utility vehicle with bullet holes was found on the side of Telegraph Rd. with a handgun nearby, according to police. In June, it was stated that they were investigating whether the men were engaged in a shootout.

But, whether this is true or not is still unclear. Elbert mentioned that the prosecution had "reluctant witnesses," but was hopeful that others would come forward as well.
Investigators have not given up on Wade as a suspect, however. "There's certainly reason to believe that he's the right man, just that the evidence didn't hold up the way we expected it to. If we get evidence that is sufficient, we'll be able to bring charges again," Elbert explained. Despite police suspicions, Wade was released from jail on December 23rd, 2009.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Lawyers and Virginia Criminal Lawyers websites.

It is likely that a Washington DC criminal lawyer will represent clients who have been accused of criminal charges of drug possession or drug distribution. The outcomes of the cases could be affected by the new legislation currently being debated by the D.C. Council. Laws are being proposed that would increase the penalties for possession of PCP. Officials maintain that the current laws are weak and ineffective, because they do not fully represent how dangerous of a drug PCP is. Therefore, it is their goal to take a more firm stance on the matter. If these laws pass, it will ultimately affect the clients of DC criminal attorneys charged with drug distribution or drug possession.

Drug distribution of PCP is much different than other drugs because the liquid form comes in very small quantities. Many juries have found a disincentive to convict an individual arrested for possession of PCP, especially because the amount is often so small. Mendelson and other co-contributors to the bill hope that it will raise awareness of the dangerous and erratic behavior PCP can cause, as well as the consequences of that behavior. Often uncontrollable and unpredictable, individuals high on PCP can pose safety risks to those around them as well as themselves.

Three weeks after the December 1st introduction of the bill, fifty year-old Mary Jones was killed as she waited for a bus in Southeast Washington DC. She was hit by a speeding sedan driven by a Maryland man who was allegedly intoxicated on PCP. Driving twice the legal speed limit, Glendale Ogburn drove his vehicle in a straight line down the sidewalk, running Jones over. When police caught up with Ogburn, he smelled of both marijuana and PCP. He was arrested, and charged with negligent homicide for his role in the death of Mary Jones.

Under current D.C. law, possession of phencyclidine in any form is a misdemeanor. The new legislation, drafted by Councilman Phil Mendelson, would increase the punishment to a felony charge. Such a conviction would carry consequences of up to a $5,000 fine and five years in prison.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information please visit our Maryland Drug Lawyer and Virginia Drug Lawyer web pages.

Throughout the career of an experienced Washington Washington DC criminal lawyer, it is likely that they will represent individuals accused of armed robbery charges. However, cases handled are rarely as extensive as the December 1st fatal robbery in which a DC officer has been charged. A few weeks ago, Washington DC police released the names of two more suspects. Lynn Daniel Wilkerson, 33, and Jarvis Clark, 19, have been slapped with first degree felony murder charges. The officer, Reginald Jones, and two other suspects have already been arrested on the same charges. Police have released the names of these men in order to receive public aid in finding them.

The aforementioned incident was an attempted street robbery that occurred on the 4300 block of Fourth Street in Southeast Washington DC. One of the robbers, Arvel Alston, was fatally shot during the incident. The shooter was his son, Avrel Crawford, and it allegedly was an accident. When the shooting occurred, there was a police car parked only a short distance away. Inside the car were former officer Jones and a man known as "L." Following investigation police have determined that "L" is referring to Wilkinson.

The other missing suspect, Clark, allegedly help confront the target of the robbery, a forty-five year old man who has been accused of selling illicit drugs. As the man walked to his vehicle, Clark and other robbers accosted him with guns and tried to force him into their car. When the man fought back, Crawford allegedly attempted to shoot him, but hit his father in the side on accident.

And as for Jones: although he did not fire a shot in this case, he did act as a lookout for the robbery. Prior to the incident, he drove his car through the area to clear it out of potential witnesses. All suspects, regardless of their role, all received the same felony murder charges under the doctrine that each participant of a crime is equally responsible for its outcome.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information please visit our Virginia Criminal Lawyers and Maryland Criminal Lawyers websites.

During the legal career of a Washington DC Criminal Attorney, it is likely that they will handle several cases of individuals charged with armed robbery and murder. But, it is rare that a case where the person charged is a law enforcement official, much like the DC police officer who acted as an accomplice in a drug possession, robbery and murder, and is now being charged for his involvement.

On December 15th, former DC law enforcement officer Reginald Jones was handcuffed and arrested by fellow officers and received felony murder charges. DC criminal law officials are turning to the possibility that Jones acted as a street enforcer for drug distribution and drug possession organizations. According to reports, Jones helped plot and carry out the robbery of a local drug crew on behalf of rival drug organization in Southeast DC on December 1st. During the robbery, a fellow robber was accidentally killed when a crew member opened fire.

On the night of the planned robbery, Jones drove his cousin - identified as "L" by court papers - to the 4300 block of Fourth Street in the southeast section of Washington DC. According to reports, Jones did this to scare away any dealers in the area, and therefore have fewer witnesses. The plan was to rob and kidnap the rival, and then take him back to an apartment to further rob him. After dropping off his cousin, Jones parked his car just a few feet away as the armed robbery occurred. However, the rival fought back, leading to a gun fight. In the chaos, one of the attackers fired his gun and accidentally hit his father, as well as a fellow attacker. Immediately afterward, Jones fled the scene.

After witnesses admitted that they saw Jones flee the scene, he was implicated and arrested for felony murder. Additionally, one of the attackers ratted him out and admitted that he was the officer who was helping the drug distribution and drug possession crew. Although Jones never fired a shot, under DC criminal law, all co-conspirators to a crime that leads to murder are held equally responsible. This is also a chilling reminder of years passed--In the early 1990s, over two dozen DC police officers were arrested on criminal charges. This includes the infamous Fonda Moore who was convicted on felony murder after she was charged with acting as a street enforcer for another drug distribution and drug possession crew in Southeast.

Following his arrest, police are forced to re-examine several cases that Jones worked on. When he was on the force, he worked in the narcotics unit, and had great accessibility to evidence. Because of his ties to the drug crews, police are very worried that Jones tampered with evidence in the past. Should this be the face, he would be charged with tampering with evidence as well.

This post is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Lawyers and Virginia Criminal Lawyers website.