Eric Jerome Payne | Homicide Watch DC

“From start to finish, it was just wrong," Payne Says at Sentencing for Charles Hicks Death

Penny Ray — Fri, 19 Jul 2013 14:18:42 -0400

Charles Hicks, father of two and stepfather of two, was stabbed and killed on June 19, 2011. It was Father's Day. On Friday, Eric Jerome Payne, who pleaded guilty in connection with the murder, said that he never meant to cause Hicks any harm.

“The altercation just happened so fast,” Payne said. “From start to finish, it was just wrong. I don't want anyone to believe this was in retaliation for anything. My intentions were not to cause pain to another human being. That's not in my character. I'd like to send my deepest apologies to [the Hicks family], and I ask for forgiveness.”

Payne pled guilty in April to voluntary manslaughter for his role in Hicks' death. He is the second person convicted in the case; in February Terrence McNeal was sentenced to twelve and a half years in prison after pleading guilty to voluntary manslaughter while armed in the case.

Payne was sentenced Friday to four years in prison. Both men were sentenced by Judge Robert Morin.

Hicks died after being stabbed during an argument in the 2600 block of Douglass Road Southeast on June 19, 2011.

According to information included in Payne's plea agreement, Payne, McNeal, Hicks and several other people were gathered in a parking lot on Douglass Road when McNeal and Hicks began to argue. After a few minutes, McNeal began beating Hicks with his hands, then drew a knife and stabbed him multiple times. Documents say Payne then joined the altercation by punching and kicking Hicks.

Payne, McNeal and three witnesses then fled the scene in a vehicle, prosecutors say.

An autopsy discovered a total of eight stab wounds to Hicks' head, torso, abdomen and right thigh. Four of the wounds were over three inches deep, and the stab wounds to his abdomen were estimated to be five inches deep. Cut wounds were also found on Hicks' scalp and there were blunt impact injuries to his face, court documents say.

Payne was not arrested for his role in Hicks' death until June 2012; he told police his intentions were to separate McNeal and Hicks from fighting. Prosecutors believe otherwise.

“It is beyond estimation that the defendant did not know [Hicks] was being stabbed,” Assistant U.S. Attorney Michael Leibman said Friday at sentencing. “He directed his efforts by attacking Mr. Hicks.”

Payne was later indicted on a charge of first-degree murder while armed, but less than a week before trial he pled guilty to voluntary manslaughter.

Hicks' younger sister, Brenda Hicks, spoke at sentencing and said she was saddened by her brother's death.

“A heinous crime was committed, and there was no humane attempt to save his life,” Brenda Hicks said.

Sentencing documents have been added to this post.

Eric Payne Memo in Aid of Sentencing (PDF)Eric Payne Memo in Aid of Sentencing (Text)

Eric Jerome Payne Pleads Guilty to Voluntary Manslaughter for Role in 2011 Stabbing

Sam Pearson — Wed, 24 Apr 2013 14:47:21 -0400

Eric Jerome Payne pleaded guilty Tuesday to voluntary manslaughter for his role in the the June 2011 stabbing death of Charles Hicks.

Payne's agreement is similar to a plea offer his codefendant, Terrence McNeal, accepted last year. McNeal, not Payne, was accused of stabbing Hicks; McNeal pleaded guilty to voluntary manslaughter while armed. He was sentenced in February to 12 and a half years in prison.

McNeal and his attorneys had contended Hicks reached into McNeal’s pockets when the two men crossed paths on the sidewalk. Thinking he was being robbed, McNeal stabbed Hicks eight times, Assistant U.S. Attorney Michael Leibman said. According to court records, some of the stab wounds were more than five inches deep.

Documents say that as McNeal was stabbing Hicks, Payne punched and kicked him.

Payne had originally faced first-degree murder charges in the case.

In February, he rejected an informal plea offer from prosecutors; Leibman said he would push for a sentence of around four years in prison – at the low end of sentencing guidelines, had Payne accepted.

Payne had been scheduled to go to trial on the original charges April 29. He's now due to be sentenced July 19 at 11:30 a.m. before Judge Robert Morin.

Payne's plea agreement is below:

Eric Jerome Payne plea agreement (PDF)Eric Jerome Payne plea agreement (Text)

Eric Jerome Payne Rejects Informal Plea in Connection with Murder of Charles Hicks

Penny Ray — Thu, 28 Feb 2013 16:17:03 -0500

Eric Jerome Payne appeared before Judge Robert Morin Thursday and rejected an informal plea offer from prosecutors for his role in the June 2011 stabbing death of Charles Hicks.

Payne is charged with first-degree murder in connection with Hicks' death.

Co-defendant Terrance McNeal pled guilty to voluntary manslaughter in his case in November.

The informal plea offer, which Payne rejected Thursday, would have required him to plead guilty to voluntary manslaughter while unarmed. In exchange, Assistant U.S. Attorney Michael Leibman said they would push for a sentence of around four years in prison – at the low end of sentencing guidelines.

In his plea, McNeal told prosecutors that around 1:30 a.m. on June 19, 2011, Hicks and McNeal were arguing in the 2600 block of Douglas Road Southeast. Payne and several others were there as well. After a few minutes of arguing, McNeal began to beat Hicks with his hands, but then drew a knife and stabbed him multiple times. Documents say that as McNeal was stabbing Hicks, Payne punched and kicked him.

Payne, McNeal, and three women then fled the scene in a vehicle, according to plea documents.

Hicks died at the hospital two hours later; he had been stabbed eight times.

McNeal had been charged with second-degree murder, but pled guilty to the lesser charge of manslaughter; the plea agreement does not require McNeal to testify against Payne.

McNeal was sentenced earlier this month to 12 and a half years in prison for his involvement in Hicks' murder.

If a jury convicts Payne on the first-degree murder charge, he faces a mandatory sentence of at least 30 years in prison.

Payne's trial is scheduled for April 29. A trial readiness hearing is scheduled for April 12.

Terrence McNeal Pleads Guilty to Manslaughter in Stabbing Death of Charles Hicks

Jonah Newman — Mon, 26 Nov 2012 15:25:44 -0500

Terrence McNeal pleaded guilty to voluntary manslaughter this month for stabbing and killing Charles Hicks during a fight in Southeast D.C. in June 2011.

McNeal entered the plea Nov. 19, according to court records.

According to the proffer of facts, prosecutors say McNeal stabbed Hicks eight times during an argument in a parking lot outside a party the two had attended. He then fled the scene in a car with another person. Prosecutors say that person is Eric Jerome Payne, who has been indicted on first-degree murder charges for his involvement in the fight.

McNeal had been charged with second-degree murder, but pled guilty to the lesser charge of manslaughter. The plea agreement does not require McNeal to testify against Payne in his case.

McNeal's attorney, Vida Johnson, declined to comment on the plea deal.

McNeal is scheduled for sentencing before Judge Robert Morin Jan. 25 at noon. Payne is expected in court for a status hearing on Dec. 12.

McNeal's signed plea agreement and proffer of facts are below:

Substantial Probability Found at Eric Payne's Preliminary Hearing

Rebecca Zisser — Wed, 18 Jul 2012 12:35:22 -0400

Eric Payne was ordered held on Wednesday after Judge Robert Morin found substantial probability that Payne aided in the murder of Charles Hicks.

Due to scheduling conflicts no witness was called to testify and Morin relied on witness testimonies, affidavits, and the transcript of co-defendant Terrance McNeal's preliminary hearing when making his decision.

At McNeal's preliminary hearing MPD Detective John Bolden testified that McNeal said Hicks had punched him in the face at a party and “wouldn’t leave him alone.”

The altercation made McNeal “angry” and he stabbed Hicks four times,” Bolden said McNeal told detectives.

According to court records, a warrant for Payne's arrest was issued after police identified him as the man witnesses told police participated in the fatal fight. Those witnesses said the man’s name was “E” or “Eric.” Payne told police that some people refer to him as “E.”

According to charging documents in the case, at least two witnesses said Terrance McNeal told them that the night of the stabbing, Hicks knocked a drink out of McNeal’s hand, then attempted to search McNeal’s pockets. McNeal said “Eric” joined him in fighting Hicks and that “Eric” stabbed Hicks, one witness said. Another said McNeal said he had stabbed Hicks.

McNeal was arrested in connection with the case in August 2011 and pled innocent to a charge of second-degree murder while armed in February. He’s scheduled to stand trial in September.

At Wednesday's hearing defense attorney, Michael O'Keefe argued that Payne did not realize there was a knife involved in the fight and had attempted to break up the fight.

Prosecutor Michael Liebman said that his statement was self-serving and therefore unlikely to be true.

Morin agreed with the government. "I think there is a substantial probability that what the defendant says he was trying to do is not true," he said.

Payne is scheduled for a status hearing on Sept. 21.

Grand Jury Indicts Eric Payne on First-Degree Murder in Stabbing Death of Charles Hicks

Laura Amico — Thu, 28 Jun 2012 18:24:02 -0400

Eric Payne is expected to be arraigned on a charge of first degree murder while armed on Monday in connection with the stabbing death of 53-year-old Charles Hicks at a gathering in Southeast DC last June.

Payne, 30, was arrested Wednesday.

According to court records, a warrant for his arrest was issued after police identified him as the man witnesses told police participated in the fatal fight. Those witnesses said the man's name was "E" or "Eric." Payne told police that some people refer to him as "E."

According to charging documents in the case, at least two witnesses said Terrance McNeal told them that the night of the stabbing, Hicks knocked a drink out of McNeal’s hand, then attempted to search McNeal’s pockets. McNeal said “Eric” joined him in fighting Hicks and that "Eric" stabbed Hicks, one witness said. Another said McNeal said he had stabbed Hicks.

McNeal was arrested in connection with the case in August and pled innocent to a charge of second-degree murder while armed in February. He's scheduled to stand trial in September.

A Grand Jury indicted Payne on the charge of first-degree murder while armed on June 26 and he was added as a co-defendant to McNeal's case Thursday.

Charging documents in Payne's case appear to rely on a witness not relied on in McNeal's case. That witness described Hick's death to police this way:

A witness, also advised the police that on the night of the murder it was in the parking lot in the area of 2677 Douglas Road. Among the people there were two known to W-3 as "E" and "Peanut." According to W-3, while it, E and Peanut were ln the parking lot an older man, who was holding a beverage cup in his hand, walked up to and began talking to a woman who was also ln the parking lot. According to W-3, Peanut and E then walked up to the older man and told to leave the woman alone. According to W-3, the old man began backing away and Peanut followed him. According to W-3, Peanut then took possession of the old man's beverage cup, prompting the old man to try and get it back from him. According to W-3, Peanut proceeded to pour out the liquid ln the cup onto the ground. According to W-3, the old man tried to get his cup back, but Peanut dropped the cup to the ground and then proceeded to push the old man, after which Peanut and the old man started fighting. W3 further recounted that durlng the fight Peanut was punching and kicking the old man, and was then joined in the fight against the decedent by E, who also proceeded to beat the old man. According to W-3, at one point in the fight E held on to the old man, whlle Peanut drew a knife and stabbed the old man more than once.

According to charging documents, Payne told police that he took part in the altercation only in an attempt to separate McNeal and Hicks. He said he did not stab Hicks or see him get stabbed.

Payne is scheduled for arraignment Tuesday, July 2 at 9 a.m. with Judge Robert Morin.

Eric Jerome Payne Arrested in Connection with Stabbing Death of Charles Hicks

Laura Amico — Thu, 28 Jun 2012 08:41:41 -0400

A second man has been arrested in connection with the June 2011 stabbing death of Southeast DC man Charles Hicks.

MPD said Thursday that 30-year-old Eric Jerome Payne of Capitol Heights, Md, was arrested Wednesday. He's suspected of second-degree murder while armed in connection with Hick's death.

Prosecutors have already charged Terrance “Peanut” McNeal with first-degree murder while armed in connection with Hick's death. McNeal was arrested last August. At a preliminary hearing MPD Detective John Bolden testified that McNeal said Hicks had punched him in the face at a party and "wouldn't leave him alone."

The altercation made McNeal “angry” and he stabbed Hicks four times,” Bolden said McNeal told detectives.

A press release from MPD is below.

June 28, 2012

Second Arrest Made in the Homicide in the 2600 Block of Douglas Road, SE

(Washington, DC)-Detectives from the Metropolitan Police Department’s Homicide Branch have announced that a second arrest has been made in the fatal stabbing which occurred in the 2600 block of Douglas Road, SE.

On Sunday, June 19, 2011, at approximately 1:22 am, units from the Seventh District responded to the 2600 block of Douglas Road, SE for the report of a stabbing. Upon arriving on the scene, officers located an adult male victim suffering from apparent stab wounds. DC Fire and Emergency Medical Services personnel transported the victim to a local hospital where he was pronounced dead.

The decedent has been identified as 53 year-old Charles Hicks of Southeast, Washington, DC.

On Monday, August 8, 2011 at approximately 11:45 pm members from the Capital Area Regional Fugitive Task Force arrested an adult male, pursuant to a DC Superior Court arrest warrant charging him with Second Degree Murder while Armed.

On Wednesday, June 27, 2012, at approximately 11:45 am, members from the Capital Area Regional Fugitive Task Force arrested 30 year-old Eric Jerome Payne of Capitol Heights, Maryland, pursuant to a DC Superior Court arrest warrant charging him with Murder Two while Armed in the fatal stabbing of Charles Hicks.