Brian Arcenio Gaither | Homicide Watch DC

Jury Deliberations Begin in Murder Trial Against Johnnie Sweet

Penny Ray — Mon, 29 Apr 2013 20:44:58 -0400

By the prosecutor's estimation, the death of 18-year-old Latisha Frazier is not a "who done it."

“By the defendant's own words, he is guilty, guilty, guilty,” Assistant U.S. Attorney Melinda Williams said in closing arguments Monday.

That defendant, Johnnie Sweet, is accused of taking part in a brutal "peer pressure" fueled beating. A beating in which Frazier was hit, stomped, kicked, choked, gagged, tied up, and left for dead. Days later, Frazier's body was taken to a dumpster. She was never found.

In closing arguments, James Rudasill Jr., Sweet's defense attorney, argued that although the beating took place in Sweet's home, Sweet was not the ring leader of the group that conducted the beating.

Rudasill argued that Brian Gaither, who pleaded guilty to first-degree murder in November in connection with the case, administered a fatal chokehold. That chokehold makes Gaither more culpable, Rudasill argued, adding that Sweet intended to “beat Frazier and then put her out of the apartment.”

Sweet is charged with felony murder, first-degree premeditated murder, kidnapping and evidence tampering in connection with the August 2010 brutal beating death of 18-year-old Latisha Frazier. Several other youths have already pled guilty to assisting Sweet in the beating. Frazier's body, though, was never recovered.

The week-long trial came to an end Monday afternoon and jurors were sent to begin deliberations at about 4:30 p.m.

Though neither Sweet nor Gaither testified at the trial, jurors heard testimony from one of the young women connected to the case. Lanee Bell, who pleaded guilty to kidnapping Frazier, testified that Frazier's beating was instigated and orchestrated by Sweet after he discovered $900 missing from his personal belongings.

Sweet told detectives that he suspected Frazier as the thief because “she was the only one in the room” moments before he realized the money was taken.

Bell said that on August 2, 2010, Sweet convinced her, Gaither, and others to join him in beating and stomping Frazier in the corner of a small bedroom in Sweet's home.

A few minutes later Sweet went to the front door and returned to the bedroom with his arm around Frazier’s neck as if they were friends, Bell said. Still dressed in her McDonald’s uniform, Frazier sat in a chair and then Sweet closed the bedroom door and said, “Ain’t nobody about to leave.”

“I didn’t know this was going to happen,” Bell testified. “It was like a peer pressure thing.”

Said prosecutor Melinda Williams, “Latisha Frazier was betrayed by people she considered friends.”

“And she was shown no mercy.”

Sweet, Cinthya Proctor and Brian Gaither later attempted to dismember Frazier's body, but failed. The body was then tossed into a dumpster in the 1700 block of Trenton Place Southeast by Gaither and Antoine McCullough, McCullough testified.

Ronald Olive, an expert in landfill excavation, testified that he “tracked the trash” from Trenton Place SE to the Shoosmith Landfill in Chesterfield County, Virginia, where he believes that Frazier's body is now located.

Olive said that between August 2010 and February 2011 the landfill had grown 100 feet deep, making it “extremely dangerous” to attempt to uncover Frazier's body. Moreover, MPD would have had to relocate 30-40 police officers to Chesterfield County to oversee the excavation; and methane pipes buried within the search area posed an “extremely high risk” of explosion, Olive said.

“The odds are not in their favor of going into a landfill and finding a body,” Olive told the court. “Landfills are not meant to be excavated.”

Crime Scene Investigators with the Metropolitan Police Department used a skill saw to remove a piece of wood flooring from right behind the bedroom door where Bell testified Sweet had stomped Frazier. Andrea Borchardt-Gardner, a forensic DNA analyst, testified that she “cracked open” a portion of the floor board and found human blood, which was then processed to obtain a DNA profile.

Cheek swabs were also taken from both Caroline Frazier and Barry Campbell, Frazier's biological parents, and a reverse paternity comparison was conducted.

Dr. Robert Bever determined that the DNA profile from the wood floor was 50.6 billion times more likely to belong to the female child of Caroline and Barry than to unrelated individuals of African American descent, according to a stipulation read at trial.

James Rudasill Jr., Sweet's defense attorney, said that Sweet abandoned the plan to “beat Frazier and then put her out of the apartment,” because he was afraid of Gaither.

In a police interrogation video viewed at trial, Sweet admits to detectives that he punched and "stomped" Frazier, but says that Gaither placed Frazier in a choke hold because "she was in the closet making noises." Sweet also said that Gaither told him to keep quiet, or he was going to "beat the s— out of him."

Tawanna Westry, a transportation officer with the Department of Youth Rehabilitation Services, testified that on February 3, 2011, when Sweet was first brought into custody, she overheard him and another cellmate having a conversation:

“What are you in for?” the cellmate asked.

“They're trying to give me a body,” Sweet responded.

“Don't go out like that.”

“I'm not copping to that s—. I'm taking it to trial. At least I didn't shoot the b—; I did it with my bare hands,” Sweet said.

Jury deliberations will resume Tuesday morning.

Beating Death of Latisha Frazier was 'Like a Peer Pressure Thing,' Witness Testifies

Penny Ray — Tue, 23 Apr 2013 21:06:17 -0400

What can be described as the final chapter in the story of Latisha Frazier's death began Tuesday morning with the start of defendant Johnnie Sweet's murder trial.

Sweet, 19, is charged with taking part in Frazier's death- a killing that, as one teen described at trial Tuesday, was fueled by peer pressure. Six young people are belived to have taken part, but Sweet is the only one as yet to have his culpability weighed by a jury. Four young people have pleaded guilty to charges connected with the case, including murder and kidnapping. Charges for a fifth are listed in court records as "pending grand jury."

Prosecutors believe the trial will last longer than a week, and will include details of how Sweet and his accomplices beat, taped, gagged and choked eighteen-year-old Frazier until she died in a closet on Aug. 2, 2010. The trial will not include any evidence from medical examiners or the autopsy reports common to most murder trials; Frazier's body was never found.

It was Sweet's house, prosecutors argued Tuesday that Frazier disappeared from.

At that time, Sweet's mother was hospitalized and he used the house as a "party house," prosecutor Chris Kavanaugh told jurors in opening statements. He said Sweet's friends would often visit for "sex, drinking and video games."

Lanee Bell, who pleaded guilty to kidnapping in connection with the case, testified Tuesday that around 3 p.m. on the day of Frazier's beating Sweet knocked on her front door and told her to come over to his house where “everyone was chillin' and listening to music.”

On the stand, Bell said that she waited about 15 minutes before going over to Sweet's house, and when she got there the other co-defendants were all waiting in a back bedroom.

Bell said that after a few minutes in the bedroom Sweet told her that he wanted her to beat up a girl who had stolen a “stack” of money from him. Bell testified that she didn't take Sweet's request seriously at first, and he never told her the name of the alleged thief.

A few minutes later Sweet went to the front door and returned to the bedroom with his arm around Frazier's neck as if they were friends, Bell said. Still dressed in her McDonald's uniform, Frazier sat in a chair and then Sweet closed the bedroom door and said, “Ain't nobody about to leave.”

Aneka Nelson then threw the first punch, Bell told the court.

Bell said that Frazier looked surprised and asked, “What is going on?”

No one answered; Nelson just kept punching. Then, Proctor joined the beating.

Nelson and Proctor continued throwing punches, while Frazier stood in the corner covering her face with her arms, Bell said. Then Sweet urged Bell to join in.

“I didn't know this was going to happen,” Bell testified. “It was like a peer pressure thing.”

Bell said that after a few minutes of punching Frazier she pushed the other two women away and told them to stop because Frazier had done nothing to them and she was not defending herself. Bell testified that Sweet then hit Frazier “too many times to count.”

“He beat her to the floor and then started stomping on her as if he was crushing a soda can,” Bell testified.

A few minutes later Gaither said, “It's my turn,” and he too began stomping on Frazier, Bell said.

Bell said that Sweet then went to the bathroom and retrieved a set of brass knuckles with an extended knife and said, “I'ma kill this b—.”

As Bell was leaving the house, she heard Sweet say, “I need something to tie this b— up with," she said.

Later that evening, Bell briefly went back to Sweet's home but she didn't ask what happened to Frazier.

"I didn't want to know,” she told jurors.

Sweet is charged with first-degree murder, felony murder, kidnapping and evidence tampering in connection with Frazier's death; he was arrested Feb. 1, 2011.

Sweet's defense attorney, James Rudasill Jr., argued that although the beating took place in Sweet's home, and it was Sweet's money that she allegedly stole, Sweet was not the ring-leader of the attack against Frazier.

The trial is scheduled to resume Wednesday morning in Judge Russell Canan's courtroom.

"I just apologize," Brian Gaither Says at Sentencing in Murder of Latisha Frazier

Sam Pearson — Tue, 09 Apr 2013 11:26:40 -0400

Judge William Jackson sentenced Brian Gaither to 32 years in prison Tuesday for his role in the brutal 2011 murder of 18-year-old Latisha Frazier.

Gaither pleaded guilty last year, but later tried to withdraw the guilty plea. Jackson rejected that motion March 22.

Gaither and five others were suspected of beating Frazier to death in Aug. 2010. All except one, Johnnie Sweets, have pleaded guilty in connection with the case. One suspect told police they thought Frazier had stolen money from Sweet.

Police say the young people beat Frazier, taped and gagged her and left her in a closet. They then put Frazier’s body in a dumpster, police say, where investigators think it was taken to a Virginia landfill. Police haven’t been able to locate Frazier’s body.

Frazier’s father, Barry Campbell, told the court Frazier’s death has been difficult for his family and for Frazier’s young daughter.

“To lose a child, there’s nothing like it,” Campbell said.

Gaither, who hobbled into the courtroom on crutches after recently having knee surgery, spoke three words.

“I just apologize,” Gaither said.

Gaither’s defense attorney, Archie Nichols, said Gaither now regretted trying to withdraw the guilty plea. The sentence agreed upon was “probably equal to what he would have gotten if he had gone to trial and lost,” Nichols said.

Jackson disagreed. He said there was such “unspeakable cruelty” in what happened he might have sentenced Gaither to life in prison without the possibility of release, if prosecutors had asked for the sentence. Gaither at one point told investigators he had seen Frazier recently in the neighborhood when he knew he had killed her, Jackson said – giving her family false hope.

Nichols said the murder was the culmination of a lifetime of Gaither trying to make it but failing. Both of Gaither’s parents died when he was very young, and he grew up in the foster care system, where he was constantly around people who used illegal drugs, Nichols said.

“He’ll be punished for 32 years in a maximum security prison for this,” Assistant U.S. Attorney Chris Kavanaugh said, “but he’ll also have to think about what he did for the rest of his life.”

A press release from the US Attorney's Office is below.

District Man Sentenced to 32-Year Prison Term
In Kidnapping and Killing of 18-Year-Old Latisha Frazier
- After Murder, Defendant Disposed of the Victim’s Body in Dumpster-

WASHINGTON - Brian Gaither, 25, of Washington, D.C., was sentenced today to a 32-year prison term on a charge of first-degree murder in the kidnapping and murder of 18-year-old Latisha Frazier, U.S. Attorney Ronald C. Machen Jr. announced.

Gaither pled guilty in November 2012 in the Superior Court of the District of Columbia to the charge of first-degree murder, days before he was to go on trial. He was sentenced by the Honorable William M. Jackson. Upon completion of his prison term, Gaither will be placed on five years of supervised release.

According to a statement of facts signed by the defendant and submitted to the Court, Gaither was one of the leaders of a group of six young men and women who took part in the murder of Ms. Frazier.

On Aug. 1, 2010, Gaither and others decided that they would invite Ms. Frazier to an apartment in the 1700 block of Trenton Place SE to “teach her a lesson” because they suspected – with little evidence – that she had stolen $900 from one of them. During a discussion, they developed a plan to lure Ms. Frazier to a small bedroom, where they would beat her.

The next day, the group gathered at the residence to carry out the plan. Ms. Frazier, as planned, was invited to the residence and, upon her arrival, she was led to the bedroom. The group proceeded to strike Ms. Frazier. The females started to beat Ms. Frazier and she cried for them to stop. Gaither then joined in the attack, punching, kicking, and stomping on Ms. Frazier, and beating her until she was unconscious. The group decided to bind Ms. Frazier with tape around her wrists and ankles and then put her in a closet. At that time, Ms. Frazier was still alive. As she began to moan from the closet, Gaither returned to the bedroom and choked her.
Later that day, someone checked on Ms. Frazier and reported to the group that the victim was dead.

Upon learning that Ms. Frazier had died, Gaither took part in a discussion about what to do with her body. The next day, he and others carried the body to a bathtub, where he and others attempted to dismember it. The defendant then placed Ms. Frazier’s body into a large plastic crate, which he threw into a dumpster in the 1700 block of Trenton Place SE.

Ms. Frazier’s body was never recovered and is believed to be in one of two landfills in rural Virginia.

Gaither is among a number of people arrested in this case and has been in custody since January 2011. A co-defendant, Johnnie Sweet, 19, is scheduled to stand trial on April 22, 2013.

In announcing the sentence, U.S. Attorney Machen praised the work of those who investigated the case for the Metropolitan Police Department (MPD), including detectives from the Major Case/Cold Case Squad and the Seventh District. He also expressed appreciation for the efforts of those who handled the case for the U.S. Attorney’s Office, including Larry Grasso of the Criminal Intelligence Unit, Victim/Witness Advocate Marcia Rinker, and Paralegal Specialists Kwasi Fields, Phaylyn Hunt, and Angela Lawrence. Finally, he thanked Assistant U.S. Attorneys Christopher R. Kavanaugh and Melinda Williams, who prosecuted the case.

Judge Denies Gaither's Motion to Withdraw Guilty Plea in Death of Latisha Frazier

Penny Ray — Fri, 22 Mar 2013 18:33:04 -0400

Brian Arcenio Gaither's attempt to withdraw his plea of "guilty" in connection with the murder of 18-year-old Latisha Frazier was denied Friday by Judge William Jackson, who said the court believed that Gaither, 25, was adequately represented when he made the plea.

Gaither was one of six young people suspected in the August 2010 beating death of Frazier. All but one, Johnnie Sweet, have pleaded guilty in connection with the case. According to a proffer of evidence from one suspect, the group believed Frazier had stolen $900 from Sweet.

For this, Frazier was beaten, stomped, bound, taped, gagged, prodded and choked. Her head was covered with a sheet. Tossed into a closet, she finally died. Her body was thrown into a dumpster and hasn’t been found, though it’s believed to be in a landfill.

Gaither pleaded guilty to first-degree murder in connection with the case on the eve of going to trial in November. He sought to withdraw his plea early this year. In that request he told the court that his attorneys had “refused to indicate his concerns to the court and told him that he had no option except to resolve the case by plea.”

Jackson, in not allowing Gaither to withdraw his plea, disagreed with Gaither's claim that his previous attorney was incompetent and said that allowing him to withdraw the plea would not be fair or just.

“It is clear to me that well before he entered his plea there was a systematic attempt by Mr. Gaither to manipulate and avoid going to trial,” Jackson said. “I don't credit one bit that he didn't have competent counsel. We've probably had more pretrial hearings in this case than any other case I've presided over.”

Court documents state that during a jailhouse call in September Gaither told someone, "We're trying to get it [the trial] pushed to next year so I can get in front of a new judge."

At the hearing Friday, Assistant U.S. Attorney Chris Kavanaugh played two different jailhouse calls from late 2012. In the calls, Gaither said, “I pled guilty to 32 years. Ain't nobody got no motherf— life, man. I'll come home when I'm 48... or 36. I'm just waiting to get sentenced so I can get tatted up, get ripped up.”

Kavanaugh argued that the calls were proof that Gaither understands the criminal justice system.

“These last two calls show that in his mind he was ready to be sent off to the Feds and get time off for good behavior,” Kavanaugh said. “What we're dealing with is a change of heart. He has not asserted legal innocence.”

Gaither's new defense attorney, Archie Nichols, argued that Gaither received “less than adequate legal advice” from his previous counsel, Eugene Ohm.

Jackson said a plethora of motions filed on Gaither's behalf by Mr. Ohm had “kept the court quite busy.”

Jackson also recounted the questions he asked Gaither when he first pled guilty. Jackson asked Gaither if he was satisfied with Ohm's legal advice, and Gaither said he was, Jackson said.

Several of Frazier's family members attended the hearing Friday. Her mother, Caroline Frazier, said outside the courtroom that Gaither's plea being official "can't bring back my daughter, but I feel okay."

Gaither is scheduled to be sentenced April 9.

Government's Opposition To Withdraw Guilty Plea (PDF)Government's Opposition To Withdraw Guilty Plea (Text)

Brian Gaither Testifies on Guilty Plea Withdrawal

Vanya Mehta — Wed, 27 Feb 2013 16:39:52 -0500

Brian Gaither, a suspect in the August 2010 murder of 18-year-old Latisha Frazier who admitted in court to disposing of her body in a plastic bin and placing it in a dumpster, took the stand today to explain why he wants to withdraw his guilty plea.

"I didn't know how serious this plea really was," Gaither said.

Gaither said his attorneys did not tell him in detail what the plea meant. He added that when he entered the plea he was "tired, emotionally and mentally."

"I just gave up," he said.

Judge William Jackson is still deliberating on whether or not to grant his request.

Gaither is charged with premeditated, first-degree murder, kidnapping, tampering with evidence, and obstruction of justice. He pled guilty in November.

Jackson told Gaither Wednesday that granting the plea withdrawal would not be an easy task.

"I've got to make an important decision...and it's not going to depend solely on what you want," Jackson told Gaither. "I can't just allow defense to manipulate the trial...this is not a complicated case."

Brian Gaither Seeks to Withdraw Guilty Plea in Death of Latisha Frazier

Sam Pearson — Fri, 01 Feb 2013 15:27:44 -0500

One of the suspects accused in the brutal murder of teen Latisha Frazier is seeking withdraw his guilty plea, saying that he was confused when he agreed to it and did not realize that the plea would not significantly lessen his potential sentence.

An attorney for Brian Gaither filed the motion Tuesday.

Gaither entered the plea in Nov. 2012 in the midst of his trial preparations. Since then, though, he has come to reconsider that choice.

According to the motion, Gaither was confused during the trial late last year and Gaither's attorneys at the time "refused to indicate his concerns to the court and told him that he had no option except to resolve the case by plea."

When Gaither realized the plea deal would not result in a significantly reduced sentence compared to the results of a trial, he regretted signing it, the document said.

The plea would have left him facing a maximum sentence of life in prison. Prosecutors, though, had promised to ask for a sentence of no more than 32 years in prison.

Prosecutors believe Frazier was the victim of a brutal attack by six people in Aug. 2010. Beaten, stomped, bound, taped, gagged, prodded and choked, prosecutors say Frazier's head was covered with a sheet and she was tossed into a closet, where she died. Her body was never recovered, but investigators think it was taken to a Virginia landfill.

The motion asks that Judge William Jackson set a new trial date for the case.

Gaither's earlier attorney, Eugene Ohm, stepped down Jan. 31, court records show. Ohm was replaced by attorney Archie Nichols.

The government has yet to respond to the motion. A status hearing is set for Feb. 27.

Brian Gaither Motion to Withdraw Guilty Plea (PDF)Brian Gaither Motion to Withdraw Guilty Plea (Text)

Brian Gaither Pleads Guilty in Death of Latisha Frazier

Laura Amico — Tue, 20 Nov 2012 14:52:34 -0500

Brian Gaither pleaded guilty today to first-degree murder in the death of 18-year-old Latisha Frazier. Gaither's trial began Monday; jury selection was due to begin next week.

In May, Gaither rejected a plea offer that would have capped his sentence at 38 years. In entering the plea today he faces a maximum sentence of life in prison. Prosecutors however have promised to ask for a sentence of no more than 32 years in prison.

Police and prosecutors believe that Frazier was the victim of a brutal attack by six people in Aug. 2010. According to court documents, the 18-year-old was beaten, stomped, bound, taped, gagged, prodded and choked. Her head was covered with a sheet. Tossed into a closet, she finally died. Her body was thrown into a dumpster and hasn’t been found, though it’s believed to be in a landfill.

Gaither was one of six people arrested in connection with Frazier's death. Cinthya Proctor and Laurence Hassan have each pleaded guilty to second-degree murder in connection with the case.

Johnnie Sweets, the last remaining defendant, is scheduled for trial in the case in April.

Related charges against Aneka Nelson and Lanee Bell are listed as "pending grand jury" in the D.C. Superior Court system.

According to a proffer of evidence Gaither made Tuesday,

On or about August 1, 2010, the defendant Brian Gaither was present in an apartment located at **** Trenton Place S.E., Washington, D.C., when Johnnie Sweet discovered that approximately $900 dollars, which he had stored for safekeeping at that location, had been stolen. Johnnie Sweet was furious, and the group (including defendant Brian Gaither, Laurence Hassan, Cinthya Proctor, and Aneka Nelson) discussed who had stolen the money. The group, including the defendant, suspected that Latisha Frazier was responsible. The group, including the defendant, was angry at Frazier for having stolen the money. After a discussion, the group, including the defendant, decided and agreed to invite Frazier over to **** Trenton Place S.E., and when she arrived, they planned to go to the back bedroom where the females would beat her to “teach her a lesson” for having stolen the money.

Gaither's defense attorney, Eugene Ohm, filed a motion for continuance last week in order to have time to seek an insanity defense. At that time, Ohm argued that insanity was their strongest defense and that Gaither should not be punished for his attorney's mistakes. Judge William Jackson denied the continuance.

On Monday, Ohm filed a motion for sanctions against the government for failure to disclose information that would have helped him pursue an insanity defense. Jackson denied that motion stating that Gaither had no prior diagnosis of mental issues related to insanity.

Jackson further argued that the defense had information of Gaither's treatment for depression, anger issues and substance abuse for two years but never pursued an insanity defense until the eleventh hour.

“All of this stuff has been in transcripts for two years,” Jackson said. “It seems quite clear to me that this is a desperate attempt to avoid going to trial, and that Mr. Gaither will do anything to continue the trial.”

Ohm filed another motion Monday to suppress statements made by Gaither to detectives in which he confessed to killing Frazier. Judge Jackson denied the request stating that the admission was voluntary and not coerced.

Ohm did not respond to a request for comment on the case Tuesday. Prosecutor Chris Kavanaugh referred questions to US Attorney's Office Spokesman Bill Miller, who declined to comment beyond the press release.

According to the plea documents, Gaither accepted responsibility for Frazier's death by pleading guilty to first-degree murder. In exchange, the remaining six crimes he was charged with including kidnapping and felony murder were dismissed. Prosecutors agree to not pursue a sentence longer than 32 years in prison.

According to the plea documents, the offer was made yesterday and would have expired at 5 p.m. today (Tuesday).

A press release from the US Attorney's Office is below.

District Man Pleads Guilty to First-Degree Murder In Kidnapping and Killing of 18-Year-Old Latisha Frazier - After Murder, Defendant Disposed of the Victim’s Body in Dumpster-

WASHINGTON - Brian Gaither, 25, of Washington, D.C., pled guilty today to a charge of first-degree murder stemming from the kidnapping and murder in August 2010 of 18-year-old Latisha Frazier, U.S. Attorney Ronald C. Machen Jr. announced.

Gaither pled guilty in the Superior Court of the District of Columbia to the charge of first-degree murder, days before he was go on trial in the case. He is to be sentenced Feb. 1, 2013 by the Honorable William M. Jackson. He faces a maximum sentence of life in prison.

According to a statement of facts signed by the defendant and submitted to the Court, Gaither was one of the leaders of a group of six young men and women who took part in the murder of Ms. Frazier.

On Aug. 1, 2010, Gaither and others decided that they would invite Ms. Frazier to an apartment in the 1700 block of Trenton Place SE to “teach her a lesson” because they suspected – with little evidence – that she had stolen $900 from one of them. During a discussion, they developed a plan to lure Ms. Frazier to a small bedroom, where they would beat her.

The next day, the group gathered at the residence to carry out the plan. Ms. Frazier, as planned, was invited to the residence and, upon her arrival, she was led to the bedroom. The group proceeded to strike Ms. Frazier. The females started to beat Ms. Frazier and she cried for them to stop. Gaither then joined in the attack, punching, kicking, and stomping on Ms. Frazier, and beating her until she was unconscious. The group decided to bind Ms. Frazier with tape around her wrists and ankles and then put her in a closet. At that time, Ms. Frazier was still alive. As she began to moan from the closet, Gaither returned to the bedroom and choked her.

Later that day, someone checked on Ms. Frazier and reported to the group that the victim was dead.

Upon learning that Ms. Frazier had died, Gaither took part in a discussion about what to do with her body. The next day, he and others carried the body to a bathtub, where he and others attempted to dismember it. The defendant then placed Ms. Frazier’s body into a large plastic crate, which he threw into a dumpster in the 1700 block of Trenton Place SE.

Ms. Frazier’s body was never recovered and is believed to be in one of two landfills in rural Virginia. Gaither is among a number of people arrested in this case and has been in custody since January 2011.

In announcing the guilty plea, U.S. Attorney Machen praised the work of those who investigated the case for the Metropolitan Police Department (MPD), including detectives from the Major Case/Cold Case Squad and the Seventh District. He also expressed appreciation for the efforts of those who handled the case for the U.S. Attorney’s Office, including Larry Grasso of the Criminal Intelligence Unit, Victim/Witness Advocate Marcia Rinker, and Paralegal Specialists Kwasi Fields, Phalyn Hunt, and Angela Lawrence. Finally, he thanked Assistant U.S. Attorneys Christopher R. Kavanaugh and Melinda Williams, who prosecuted the case.

This post has been updated.

This post originally stated that Gaither had pleaded guilty to kidnapping. The kidnapping charge was dismissed as part of the plea agreement.

Penny Ray contributed to this report.

Men Accused in Latisha Frazier Murder to be Tried Separately; Mental Exam Ordered for One of Them

Laura Amico — Fri, 20 Jul 2012 11:27:52 -0400

Two men accused in the murder of Latisha Frazier will be tried separately, after Judge William Jackson agreed to sever their cases yesterday.

Johnnie Sweets and Brian Gaither are charged with first-degree murder in connection with Frazier's death. They are also charged with felony murder and “aggravating circumstances.” Those circumstances are that Frazier’s death was “especially heinous, atrocious, and cruel” and that it was also “committed during the course of a kidnapping.”

Police and prosecutors believe that Frazier was the victim of a brutal attack by six people. According to court documents, the 18-year-old was beaten, stomped, bound, taped, gagged, prodded and choked. Her head was covered with a sheet. Tossed into a closet, she finally died. Her body was thrown into a dumpster and hasn’t been found, though it’s believed to be in a landfill.

Gaither's defense attorney, Eugene Ohm, asked the court to sever the case in January. In the motion, Gaither claimed that if his case were to remain joined with Sweets', Sweets' statement to police would prejudice the case against Gaither and that Sweets would be acting as a “second prosecutor” to Gaither.

The motion to sever stated:

According to government discovery, it alleges that Mr. Sweet believed that Ms. Frazier stole money from him in the summer of 2010. Mr. Sweet, the government alleges, devised a plan to lure Ms. Frazier to his apartment so that they could physically punish her. Mr. Sweet devised this plan with his brother Laurence Hassan and some of his friends, Mdmes. Proctor, Nelson and Bell. The government contends that Ms. Frazier came to the apartment at Mr. Sweet’s invitation and that the five individuals, along with Brian Gaither, assaulted her. The government asserts that at some point, Ms. Frazier lost consciousness and was gagged. The government believes that Ms. Frazier died from the restraints or from a chokehold prior to restraint.

Mr. Sweet and Mr. Gaither both made statements to Metropolitan Police Detectives. Mr. Sweet’s statement involves Mr. Gaither’s and alletes that Mr. Gaither was present and actively participating in all of the aspects of this crime.

The information available to undersigned counsel indicates that Mr. Sweet’s defense will attempt to exonerate him by pointing an accusing finger at Mr. Gaither. Because Mr. Sweet’s defense will attempt to portray Mr. Gaither as the primary actor in this incident, a substantial danger exists that the evidence and arguments presented by Mr. Sweet would provide the basis of the jury’s conviction of Mr. Gaither.

Prosecutors had opposed the severance, but last week changed their position and filed notice with the court that they were prepared to proceed with separate trials for the men.

On Thursday, Judge Jackson ordered a mental health screening for Sweets. The results of that screening are due in court Friday afternoon.

Both men remained scheduled for status hearings on July 26 and trials on Nov. 19 at this time.

Brian Gaither, Johnnie Sweets Reject Plea Offer in Latisha Frazier Murder Case

Laura Amico — Fri, 11 May 2012 15:03:33 -0400

Brian Gaither and Johnnie Sweets have rejected plea offers from the government that would cap their potential sentences at 38 years for the murder of 18-year-old Latisha Frazier.

The two, now 24 and 18 years old respectively, are charged with first-degree murder in the case. If convicted, Judge William Jackson said, they could be sentenced to "well above" 38 years in prison.

Police and prosecutors believe that Frazier was the victim of a brutal attack by six people. According to court documents, the 18-year-old was beaten, stomped, bound, taped, gagged, prodded and choked. Her head was covered with a sheet. Tossed into a closet, she finally died. Her body was thrown into a dumpster and hasn’t been found, though it’s believed to be in a landfill.

A trial is scheduled for November of this year.

Frazier Case Continued to May

Stephanie Czekalinski — Fri, 02 Mar 2012 11:01:52 -0500

The cases against Brian Gaither and Johnnie Sweets, man accused of murdering missing woman Latisha Frazier, have been continued.

D.C. Superior Court Judge W. Jackson ordered the case against Brian Gaither continued until May 11.

Gaither and Sweets are charged with second-degree murder in the August 2010 beating death of 18-year-old Latisha Frazier. Frazier's mother reported her missing on Aug. 4, 2010.

Brian Gaither's Attorney Worries Co-Defendant will Prejudice Latisha Frazier Case

Laura Amico — Thu, 02 Feb 2012 12:57:04 -0500

One of the six young people suspected in the death of missing DC teen Latisha Frazier has filed a motion to sever his case from his codefendants' case.

In the motion, filed Jan. 13, Brian Gaither claims that if his case remains joined with Johnnie Sweet, Sweet's statement to police will prejudice the case against Gaither and that Sweet will be acting as a "second prosecutor" to Gaither.

Authorities believe Frazier was the victim of a brutal attack by six people. According to court documents, the 18-year-old was beaten, stomped, bound, taped, gagged, prodded and choked. Her head was covered with a sheet. Tossed into a closet, she finally died. Her body was thrown into a dumpster and hasn’t been found, though it’s believed to be in a landfill.

Gaither and Sweet are each charged with first degree felony murder, first degree premeditated murder, and “aggravating circumstances.” Those circumstances are that Frazier’s death was “especially heinous, atrocious, and cruel” and that it was also “committed during the course of a kidnapping.” They have both pleaded innocent.

The motion to sever states:

According to government discovery, it alleges that Mr. Sweet believed that Ms. Frazier stole money from him in the summer of 2010. Mr. Sweet, the government alleges, devised a plan to lure Ms. Frazier to his apartment so that they could physically punish her. Mr. Sweet devised this plan with his brother Laurence Hassan and some of his friends, Mdmes. Proctor, Nelson and Bell. The government contends that Ms. Frazier came to the apartment at Mr. Sweet's invitation and that the five individuals, along with Brian Gaither, assaulted her. The government asserts that at some point, Ms. Frazier lost consciousness and was gagged. The government believes that Ms. Frazier died from the restraints or from a chokehold prior to restraint.

Mr. Sweet and Mr. Gaither both made statements to Metropolitan Police Detectives. Mr. Sweet's statement involves Mr. Gaither's and alletes that Mr. Gaither was present and actively participating in all of the aspects of this crime.

The information available to undersigned counsel indicates that Mr. Sweet's defense will attempt to exonerate him by pointing an accusing finger at Mr. Gaither. Because Mr. Sweet's defense will attempt to portray Mr. Gaither as the primary actor in this incident, a substantial danger exists that the evidence and arguments presented by Mr. Sweet would provide the basis of the jury's conviction of Mr. Gaither.

In a three week period last winter, Gaither, Sweet, Aneka Nelson, Cinthya Proctor, Laurence Hassan, and Lanee Bell were arrested in connection with Frazier’s disappearance.

Hassan and Proctor have each pleaded guilty to second-degree murder in connection with the case.

Bell, though MPD announced that she was arrested on suspicion of felony murder, has not been charged with murder. Court records indicate that she was charged with kidnapping in January and pleaded innocent.

If convicted, Gaither and Sweet face life sentences without the possibility of parole. In November Prosecutor Chris Kavanaugh said there are no plea discussions in the cases.

A trial is set for Nov. 2012.

Gaither, Sweet, Plead Innocent in Latisha Frazier Murder; Trial Set for Nov. 2012

Laura Amico — Thu, 03 Nov 2011 11:27:23 -0400

Brian Gaither and Johnnie Sweet each pleaded innocent today to first degree and felony murder and kidnapping in the death of Latisha Frazier in Aug. 2010.

If convicted, they face life sentences without the possibility of parole. Prosecutor Chris Kavanaugh said there are no plea discussions in the cases.

Judge William Jackson set a trial date in the case for Nov. 19, 2012, despite Sweet's attorney's objections that it violated his client's right to a speedy trial.

Jackson said there were no dates before November available on his calendar.

Brian Gaither, Johnnie Sweet Indicted on First Degree Murder in Death of Latisha Frazier

Laura Amico — Wed, 02 Nov 2011 17:11:22 -0400

Brian Gaither and Johnnie Sweet have been indicted on charges related to the death of 18-year-old Latisha Frazier, the US Attorney's Office announced this afternoon.

Gaither, 23, and Sweet, 18, are due in court tomorrow.

The indictment charges each man with first degree felony murder, first degree premeditated murder, and "aggravating circumstances." Those circumstances are that Frazier's death was “especially heinous, atrocious, and cruel” and that it was also “committed during the course of a kidnapping.”

Authorities believe Frazier was the victim of a brutal attack by six people. According to court documents, the 18-year-old was beaten, stomped, bound, taped, gagged, prodded and choked. Her head was covered with a sheet. Tossed into a closet, she finally died. Her body was thrown into a dumpster and hasn’t been found, though it’s believed to be in a landfill.

Court documents state that the group of young people was upset because they believed Frazier had stolen $900 from one of them.

In a three week period last winter, Gaither, Sweet, Aneka Nelson, Cinthya Proctor, Laurence Hassan, and Lanee Bell were arrested in connection with Frazier’s disappearance.

Hassan and Proctor have each pleaded guilty to second-degree murder in connection with the case.

Nelson, according to public records, is in custody and awaiting an indictment from the Grand Jury. Court records show that a status hearing on Nov. 18 was set in July for her case.

Last month a source told Homicide Watch that the only open cases in connection with Frazier's death were the cases against Gaither and Sweet.

A copy of the indictment and a press release from the US Attorney's office is below.

Two Men Indicted in Kidnapping, Murder,and Dismemberment of 18-Year-Old Latisha Frazier-If Convicted, Men Could Face Life Prison Terms With No Possibility of Release -

WASHINGTON - Two men were indicted today on charges of first degree felony murder, first degree premeditated murder, and other offenses stemming from the brutal slaying last year of 18-year-old Latisha Frazier, U.S. Attorney Ronald C. Machen Jr. announced.

Brian Gaither, 23, and Johnnie Sweet, 17, both of Washington, D.C., were indicted by a grand jury in the Superior Court for the District of Columbia. In addition to the murder charges, the grand jury indicted Gaither and Sweet on charges of kidnapping and tampering with physical evidence. Gaither is also charged with obstruction of justice for his subsequent attempts to suborn perjury on his behalf at trial

The defendants, who have been in custody since their arrests in January 2011, are to be arraigned Thursday, November 3, 2011, before the Honorable William M. Jackson.

The charges stem from the kidnapping and murder of Ms. Frazier, which took place in Southeast Washington in August 2010, as well as the defendants’ subsequent attempts to dismember and dispose of the victim’s body in a nearby dumpster. Ms. Frazier was reported missing, and for months, her disappearance was unsolved. Her body has yet to be recovered, and the exact whereabouts are unknown. A total of five people have been arrested in the case.

In addition to the various substantive crimes specified in the indictment, the indictment charges the defendants with “aggravating circumstances.” Specifically, the indictment charges that the murder was “especially heinous, atrocious, and cruel” and that it was also “committed during the course of a kidnapping.” If these aggravating circumstances are eventually found by a jury at trial, the defendants could face a maximum sentence of life imprisonment without possibility of release.

The case remains under investigation.

An indictment is merely an allegation that defendants have committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty in a court of law.

In announcing the indictments, U.S. Attorney Machen praised the extraordinary efforts of the Metropolitan Police Department (MPD) in this investigation and took note of the hard work performed by Detectives Jeffrey Owens, Oliver Garvey, Darryl Richmond, Mitch Credle, Anthony Brigidini, Kenneth Williams, Susan Blue and Jeff Mayberry of the Major Case/Cold Case Squad, and Detectives Jackie Middleton and Dan Lewis of the Seventh District.

In addition, U.S. Attorney Machen expressed appreciation for the efforts of those who handled the case for the U.S. Attorney’s Office, including Larry Grasso of the Criminal Intelligence Unit, paralegal specialists Kwasi Fields, and Victim/Witness Advocate Marcia Rinker. Finally, he praised Assistant U.S. Attorney Christopher R. Kavanaugh, who is prosecuting the case.

Only Two Defendants Remain in Latisha Frazier Murder Case

Laura Amico — Sun, 16 Oct 2011 00:36:55 -0400

Of the six people arrested on suspicion of killing D.C. teenager Latisha Frazier, the US Attorney's Office has only two open cases against those suspects remaining.

That news follows on the heels of a guilty plea made by one of those co-defendants Friday.

In a three week period last winter, Brian Gaither, Johnnie Sweet, Aneka Nelson, Cinthya Proctor, Laurence Hassan, and Lanee Bell were arrested in connection with Frazier's disappearance.

Only two defendants, Gaither and Sweet, remain, a source told Homicide Watch Saturday.

So what's happened to the other four defendants?

Hassan pleaded guilty to second-degree murder on Friday. Proctor entered a guilty plea in July. Both are awaiting sentencing and face a maximum penalty of life in prison.

Nelson, according to public records, is in custody and awaiting an indictment from the Grand Jury. Court records show that a status hearing on Nov. 18 was set in July for her case. No further entries have been made on her docket.

Said US Attorney's Office Spokesman William Miller, "Only two pleas are public - Proctor and Hassan. We can't comment beyond that."

Authorities believe Frazier was the victim of a brutal attack by six people. According to court documents, the 18-year-old was beaten, stomped, bound, taped, gagged, prodded and choked. Her head was covered with a sheet. Tossed into a closet, she finally died. Her body was thrown into a dumpster and hasn't been found, though it's believed to be in a landfill. MPD Police Chief Cathy Lanier said a search of the landfill would be too costly and likely dangerous.

Plea documents in Proctor's and Hassan's cases state that the group of young people was upset because they believed Frazier had stolen $900 from one of them.

Guilty Plea to Second Degree Murder in Latisha Frazier Death

Laura Amico — Fri, 29 Jul 2011 13:50:27 -0400

Nineteen-year-old Cinthya Proctor pleaded guilty this morning to participating in the killing of Latisha Frazier last August.

According to the details of the plea agreement, Proctor could be sentenced to life in prison.

Proctor is, at this time, the only defendant to plead guilty to the crime. Anneka Nelson, Johnnie Sweet, Brian Gaither and Laurence Hassan have also been arrested in connection with the case. Their cases are pending indictment at this time.

Appearing in court Friday morning, Proctor pleaded guilty to second-degree murder, kidnapping and conspiracy to tamper with evidence in the case.

According to government prosecutors, Proctor proffered that she joined others in beating Frazier because they believed Frazier had stolen $900 from Sweet.

Frazier, an 18-year-old mother, was beaten, stomped, bound, taped, gagged, prodded and choked, according to the government's evidence. Her head was covered with a sheet. She was tossed into a closet. When she finally died, her body was moved from room to room while her killers discussed how to dispose of her. They decided to dismember her, but her killers could not bring themselves to complete the job because of the stench of her flesh, or, as prosecutors said Friday, their knife was not sharp enough.

Proctor answered each of Judge William Jackson's questions with "yes your honor" or "no your honor," and hung her head while prosecutors outlined the case they would have made against her if the case had gone to trial.

Judge Jackson said the maximum penalty for second-degree murder is life in prison.

According to the terms of the plea agreement, prosecutors agreed not to indict Proctor on any further charges relating to the case, to waive all enhancements, that the District of Columbia Sentencing Commission’s Voluntary Sentencing Guidelines will be used, and that the government will not oppose concurrent sentences for the three charges.

The maximum penalty for second-degree murder is life in prison, Judge Jackson said, adding that the maximum penalties for kidnapping and conspiracy were 30 years and 3 years, respectively.

Proctor was 18-years-old and had just started college when she was arrested. Her attorney added that she was six months pregnant when the crime occurred.

A press release from the USAO is below.

District Woman Pleads Guilty to Murder, Other Charges In Killing of 19-Year-Old Latisha Frazier- Defendant Later Joined in Plot to Dispose of the Victim’s Body -

WASHINGTON - Cinthya Proctor, 18, of Washington, D.C., pled guilty today to second degree murder and other charges in the killing of another teenager last year, U.S. Attorney Ronald C. Machen Jr. announced.

Proctor pled guilty in the Superior Court of the District of Columbia to charges of second degree murder, kidnapping and conspiracy to commit evidence tampering. She is to be sentenced November 4, 2011 by the Honorable William M. Jackson. Proctor faces a maximum sentence of life in prison.

According to a statement of facts signed by the defendant and submitted to the Court, Proctor was among a group of people who took part in the August 2010 murder of Latisha Frazier, 19.

On August 1, 2010, Proctor and others decided that they would invite Ms. Frazier to an apartment in the 1700 block of Trenton Place SE to “teach her a lesson” because they suspected she had stolen $900 from one of them. During a discussion, they developed a plan that called for Proctor to join in beating the victim in a back bedroom.

The next day, the group gathered at the residence to carry out the plan. Ms. Frazier, as planned, was invited to the residence and went to the back bedroom. There Proctor and two other women hit her with their fists. Ms. Frazier cried for them to stop, and they ultimately did. However, two men who were part of the group then stepped in and punched and kicked the victim. Afterward, the group decided to bind Ms. Frazier with tape and put her in a closet. At that time, Ms. Frazier was still alive, and crying. Later that day, however, someone checked on her and reported to the group that the victim was dead.

Upon learning that Ms. Frazier had died, Proctor took part in a discussion about what to do with her body. The initial plan to was dismember the body, put it in a container and dispose of it in a park. The next day, Proctor joined in an attempt to dismember the body in a bathtub. But she became physically ill and went to a hospital before the body was removed from the apartment.

Ms. Frazier’s body has yet to be found. Proctor is among a number of people arrested in this case and has been in custody since February.

In announcing the guilty plea, U.S. Attorney Machen praised the work of those who investigated the case for the Metropolitan Police Department, including Detectives Jeff Owens, Oliver Garvey, Darryl Richmond, Mitch Credle, Anthony Brigidini, Kenneth Williams, Susan Blue and Jeff Mayberry of the Major Case/Cold Case Squad. He also expressed appreciation for the efforts of those who handled the case for the U.S. Attorney’s Office, including Larry Grasso of the Criminal Intelligence Unit, Victim/Witness Advocate Marcia Rinker, and Paralegal Kwasi Fields. Finally, he thanked Assistant U.S. Attorney Christopher R. Kavanaugh, who is prosecuting the case.