Eugene Antoine Kelly | Homicide Watch DC

Eugene Antoine Kelly Sentenced to 67 Years For Isaiah Harris Murder

Megan Arellano — Fri, 16 Aug 2013 16:33:16 -0400

Fifteen-year-old Isaiah Harris was supposed to wear his new Calvin Klein suit to prom.

Instead, his family buried him in it.

Harris was shot and killed May 30, 2011. Eugene Antoine Kelly was convicted in April of first-degree murder in connection with Harris's death; he was sentenced Friday to 67 years in prison.

Harris's mother, Geneva Harris, wrote a letter to the court, which was read aloud Friday by another family member. In the letter, Geneva Harris said she was on her way to work when she learned her son had been shot. "My hands went numb and something snatched my heart out of my chest," the letter said. The letter also said that Harris was not a violent person and that he avoided bad influences.

At trial, Harris' friend Joseph Wilson testified that he and Harris had just left speaking with a girl and were walking along New Jersey Avenue Northwest when they suddenly heard gunshots.

"The worst thing they did that night was break curfew to talk to a girl," Assistant U.S. Attorney Holly Shick told the court Friday.

Wilson suffered a gunshot wound to his right leg and survived. Harris was shot in the left buttock and later died at Howard University Hospital.

Prosecutors believe Kelly shot the two teens seeking vengeance for his brother's death. The teens "did not know Kelly and had no knowledge of or involvement in the 2008 murder of his brother," prosecutors said in a statement Friday. "They were simply walking from the area of 5th and O Streets NW."

One witness testified at trial that he was sitting on his front porch the night of the murder and saw the shooter, riding a "mini-sized bicycle," hide behind a vehicle moments before Harris and Wilson appeared. The witness said there were no verbal exchanges between the shooter and the teens. After firing several times, the shooter rode off on the bike, the witness said.

Another witness testified that on the evening of May 30, 2011, Kelly approached him riding a bike and carrying a ski mask. The witness said that after Kelly rode away, he stopped by a dumpster and retrieved a gun. Minutes later, the witness heard gunshots.

Before reading sentencing terms Friday, Judge Herbert Dixon said that Harris and Wilson were doing "nothing but being teenagers," and that he couldn't understand why Kelly would seek vengeance from the first people he ran across.

Outside the courtroom after sentencing, Harris's grandmother, Beatrice Harris, said the whole family "has been going through a lot of pain." Harris's uncle, Anthony Towns, described his nephew's death as "tragic," but felt that "justice was served."

Sentencing documents and a press release from the U.S. Attorney's Office are below.

District Man Sentenced to 67 Years in Prison For Shooting That Killed One Teenager And Wounded Another in Northwest Washington -Attack Took Place on Memorial Day of 2011-

WASHINGTON - Eugene A. Kelly, 28, of Washington, D.C., was sentenced today to 67 years in prison on charges of first-degree murder while armed, assault with intent to kill while armed, and related offenses stemming from the shooting of two teenagers in Northwest Washington on Memorial Day of 2011, U.S. Attorney Ronald C. Machen Jr. announced.

Kelly was found guilty of the charges in April 2013, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Herbert B. Dixon, Jr.

“This case is a tragic reminder of the senseless cycle of violence that is far too common in our city,” said U.S. Attorney Machen. “In a foolish attempt to avenge his brother’s murder, Eugene Kelly shot two innocent fifteen-year-old boys, killing one of them. Kelly’s inexplicable decision to kill a child did nothing to bring back his brother or to honor his brother’s memory. That terrible decision will instead result in Kelly spending the rest of his life behind bars. We hope that this lengthy sentence sends the message that there is nothing good that comes from perpetuating the cycle of violence.”

According to the government’s evidence, on May 30, 2011, at about 10:15 p.m., the victims, two 15-year-old boys, were walking home in the 1400 block of New Jersey Avenue NW. As they were walking, Kelly opened fire and shot both teenagers. Isaiah Harris was killed by a single gunshot wound to his body. The surviving victim was shot in the leg.

Just before the shooting, Kelly, who was riding a small trick bike, had stopped to talk to a neighborhood acquaintance. The defendant mentioned his brother’s 2008 murder, and stated his belief that someone from the nearby 5th and O Streets neighborhood was responsible. Kelly announced that someone was going to pay for his brother’s murder, and said that he was going to retrieve a gun. He then retrieved a gun by a nearby dumpster and rode east on P Street toward New Jersey Avenue. Seconds later, the defendant fired multiple times, targeting the two teens.

The victims did not know Kelly and had no knowledge of or involvement in the 2008 murder of his brother. They were simply walking from the area of 5th and O Streets NW.

During a search warrant of the defendant’s home two days later, law enforcement officers found a small trick bike that matched the witnesses’ descriptions of the bike used by the shooter, as well as ammunition consistent with the type used in the murder. In addition, an FBI expert in historical cell site analysis determined that the defendant’s phone was used in the vicinity of the murder within 15 minutes of the murder.

Finally, on Sept. 14, 2011, a guard at the District of Columbia Jail found a note taken from an inmate during a routine morning check. The note, signed by Kelly with his jail identification number, provided a witness’s name and address, and identified members of the witness’s family. A handwriting expert from the FBI concluded that Kelly wrote the note.

In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department, the FBI, and the District of Columbia Department of Forensic Sciences, which were involved in the investigation and prosecution of this case. U.S. Attorney Machen also expressed appreciation to Paralegal Specialists Kelly Blakeney and Ethel Noble, Victim /Witness Advocate Marcia Rinker, Supervisory Litigation Technology Specialist Joseph Calvarese, Assistant U.S. Attorney Michael Ortwein, who indicted the case, and Assistant U.S. Attorneys Jennifer A. Kerkhoff and Holly R. Shick, who tried the case.

Eugene Kelly Sentencing Documents (PDF)Eugene Kelly Sentencing Documents (Text)

Jury Finds Eugene Kelly Guilty of Isaiah Harris Murder

Penny Ray — Mon, 29 Apr 2013 17:29:32 -0400

A jury found Eugene Antoine Kelly guilty Monday of first-degree murder, assault with intent to kill and related weapons offenses in connection with the 2011 shooting death of 15-year-old Isaiah Daniel Harris.

Judge Herbert Dixon is scheduled to sentence Kelly Aug. 6.

Prosecutors argued at trial that Kelly was “frustrated” because his family did not want to visit his brother’s gravesite on Memorial Day, so he went to the neighborhood where his brother was killed and “took out his grief” by shooting Harris and another teen, who survived the shooting.

One witness testified at trial that on the evening of May 30, 2011, Kelly approached him riding a bike, with a ski mask and started talking about his brother's death. The witness said that after Kelly rode away, he stopped by a dumpster and retrieved a gun. Minutes later, the witness heard gunshots.

A different witness testified that she saw someone who looked like Kelly biking away from the scene, seconds after she heard four or five gunshots.

And another witness testified that he was sitting on his front porch the night of the murder and saw the shooter, riding a “mini-sized bicycle,” hide behind a vehicle moments before Harris and Wilson appeared. The witness said there were no verbal exchanges between the shooter and the teens. After firing several times, the shooter “hauled tail at cartoon speed,” the witness testified.

A search warrant recovered a lime green “trick bike” from Kelly's residence, and cellphone tower records introduced at trial indicate that Kelly was within areas near the crime scene at the time of Harris’ death. A man resembling Kelly was also captured on nearby surveillance cameras.

Police Informants Implicate Eugene Kelly in Murder of 15-Year-Old Isaiah Harris

Vanya Mehta — Thu, 25 Apr 2013 16:09:44 -0400

A jury began deliberating Thursday in the first-degree murder case against Eugene Kelly. Much of the case hinges on the testimony of two police informants.

The two key witnesses testified Monday that they saw Eugene Kelly near the neighborhood where prosecutors say he shot two teens in 2011, killing one – 15-year-old Isaiah Daniel Harris.

Kelly, prosecutors argued, was frustrated his family did not want to visit his brother’s gravesite on Memorial Day, so he went to the neighborhood where his brother was killed and “took out his grief” by shooting two teens at 10:15 p.m. Kelly’s girlfriend testified he returned home at 11:30 that night after leaving for what he said was a cookout.

But a witness who testified Monday, said he talked to Kelly that night when Kelly approached him with a ski mask, riding his bike and talking about his brother’s death.

His eyes welling with tears on the stand, the witness recalled drinking a beer with a friend on his front porch when the shooting took place.

He said he repeatedly told Kelly, "Don't get in no trouble, it's rough out here."

He added that when he went to give Kelly, who he had known for 20 years, a hug, he felt what he thought was body armor.

Kelly, according to the witness, left and went over to a dumpster to get a gun. Shortly after, the witness said he heard gunshots and went down New Jersey Avenue to see what had happened. He did not see Kelly shoot, but "I know it was him," he said.

Another witness reported seeing someone who looked like Kelly biking away from the scene, looking over his shoulder, seconds after she heard four or five gunshots. Surveillance cameras from a school at 421 P St N.W. captured a man biking in that direction at 10:11 p.m. wearing a white shirt. Police received the first 911 calls reporting a shooting at 10:20 p.m.

The same evening, the witness, a former FBI informant called a police officer he knew and told him, "Hit me soon, these dudes Muslim have got plenty of guns." In court, he clarified that younger men wanted to retaliate Harris’ death.

The next day, he said he spoke with the police and identified Kelly from a photo lineup.

Prosecutors also introduced evidence from cell towers showing Kelly was within areas near the crime scene at the time of Harris' death. But Kenneth LaVictoire, an FBI supervisory special agent, said the crime scene and Kelly's mother's house were in an area directly on a border between two cell towers, making mapping Kelly's location more difficult.

Kelly’s attorney, Jason Downs, sought to cast doubt on the witness’ testimony, noting that he had been diagnosed with schizophrenia, bipolar disorder and depression, and takes medication to prevent seizures. He said he hadn’t consumed the beer that night on his porch – knowing that if he had, it could have interacted with his medications.

Downs argued the man should have called police sooner, rather than waiting until a day later.

"Ain't nobody here perfect," the witness replied.

Homicide Watch DC editor Sam Pearson contributed to this report.

Eugene Kelly Sought to Avenge Brother's Death When He Killed Isaiah Harris, Prosecutors Allege at Trial

Penny Ray — Thu, 18 Apr 2013 21:45:17 -0400

Eugene Kelly usually spent Memorial Day at his brother's gravesite. But in 2011 Kelly's family opted not to make the visit and the 26-year-old was frustrated.

And so, instead of visiting the cemetery, he went to the neighborhood where his brother was killed and he "took out his grief" by shooting two teens. One survived. The other, 15-year-old Isaiah Daniel Harris, was killed.

At least, that's how prosecutors tell it. Kelly's attorney argues that a key government witness who identified Kelly as the shooter was a former confidential informant for the FBI “hoping to make ends meet by providing false information.”

Jurors charged with determining Kelly's guilt heard these arguments Thursday at the start of Kelly's trial. Kelly is charged with first-degree murder while armed, assault with intent to kill and related weapons offenses in connection with Harris' death.

During opening statements Thursday, Assistant U.S. Attorney Holly Schick told jurors that Kelly and his family typically visited his brother's gravesite each year on Memorial Day.

But in 2011 they chose not to make the visit and instead Kelly “took out his grief” on others in the neighborhood where his brother was killed, she said.

Minutes before the shooting, Schick said, Kelly told a witness that he was going to avenge his brother's death.

“He said that somebody was going to have to pay,” Schick told the jury.

Police found Harris lying in the 1400 block of New Jersey Avenue Northwest around 10 p.m. that Monday evening suffering from a gunshot wound to the left buttock; he later died at Howard University Hospital. Harris' friend, 17-year-old Joseph Wilson, was found injured nearby. He was taken to the hospital, treated, and survived.

On Thursday, Wilson told jurors that he and Harris were walking along New Jersey Avenue when they all of a sudden heard gunshots. The two men ducked and started to run, but Harris fell. Wilson said that he picked Harris up, helped him to the sidewalk, and asked people nearby to call an ambulance. Wilson then kept running, and when he reached his house he realized that he had been shot in the leg.

“The bullet went right through,” Wilson said.

A different witness testified that New Jersey Avenue NW experienced an electricity blackout on that Monday evening, so he decided to sit on his porch and get some air. While out there, he saw a guy riding a bike open fire on two teenagers.

The witness testified that the shooter was riding a “mini-sized bicycle” and that the teens did not see the shooter, who had slowed down and hid behind a vehicle moments before the teens appeared. The witness said that the shooter extended his arm, and then he heard gunshots and “saw sparkles.” There were no verbal exchanges between the shooter and the teens. The shooter then “hauled tail at cartoon speed,” the witness testified.

Dr. Sunile Prashar, a forensic pathologist, testified that the bullet that struck Harris in the buttock entered his pelvis and injured an artery. The bullet was recovered from Harris' mid-abdomen, just below the skin, and caused significant blood loss which led to his death, Prashar said.

A search warrant was later issued for Kelly's residence and police recovered a lime green “trick bike” and two different types of ammunition.

The weapon used to murder Harris was never recovered.

In opening arguments, Kelly's defense attorney, Jason Downs, asked jurors to question the honesty of government witnesses during the course of the trial. He said that among those expected to testify was a witness who identified Kelly as the shooter. This man was a former confidential informant for the FBI, Downs said.

“This is not a good Samaritan helping the police solve a crime,” Downs said. “He was looking to get paid.”

Trial is scheduled to resume Monday morning in Judge Herbert Dixon's courtroom.

"Someone's gonna pay," witness says Isaiah Harris Murder Suspect said

Laura Amico — Thu, 02 Jun 2011 17:23:01 -0400

Investigators believe that 15-year-old Isaiah Harris was killed this week by a man seeking to avenge his brother's death.

That man, Eugene Kelly, appeared in court Thursday afternoon, charged with first-degree premeditated murder. According to charging papers in the case, investigators believe that Kelly shot Harris and another young man after stating to a witness that someone had killed his brother in the same neighborhood.

"Someone's gonna pay, I'm gonna go get my gun," the witness reported Kelly said the night of the shooting.

Assistant US Attorney Michael Ortwein declined to comment on the case and would not identify Kelly's deceased brother.

Harris, an eighth grade student at Garnett Patterson Middle School in Northwest D.C., died after being shot in the buttock. His friend, who was shot in the leg, survived. The two boys were walking home at 10:15 on Monday night from another friend's home.

A witness said a man, identified as Kelly, passed the boys while riding a BMX-style bike, but then stopped, turned toward them, aimed a gun, and fired.

Both boys fled. The survivor felt a pain in his leg, but kept running until he made it to a hiding place. He then realized that Harris was not with him.

Kelly's defense attorney, Eugene Ohm, argued against the charges presented to Kelly today. He said it was unlikely that someone could die of a simple gunshot wound to the buttock and that there must be other medical conditions that contributed to the boy's death that weren't disclosed in the charging documents.

Ohm also said that though the government argues that the shooting was retaliatory, the charging documents do not establish what, exactly, the retaliation was for.

Eugene Kelly Arrested in Isaiah Harris Homicide

Laura Amico — Thu, 02 Jun 2011 11:42:36 -0400

Eugene Antoine Kelly, a 26-year-old Northeast DC man, was arrested this morning on suspicion of killing 15-year-old Isaiah Harris this week in NE DC.

He's suspected of first degree murder while armed.

MPD's press release is after the jump.

June 2, 2011

Arrest made in the Homicide of Isaiah Harris

(Washington, DC)- Detectives from the Metropolitan Police Department’s Homicide Branch have announced an arrest in the homicide of 15-year-old Isaiah Harris.

On Monday, May 30, 2011, at approximately 10:15 pm, units from the Fifth District responded to the 1400 block of New Jersey Ave, NW, to investigate sounds of gunshots. Upon their arrival, they discovered a juvenile male victim suffering from a gunshot wound. They also located another victim nearby suffering from a gunshot wound. DC Fire and Emergency Medical Services personnel responded and transported both victims to a local area hospital. At 10:58 pm the first victim succumbed to his injuries and was pronounced dead.

On Wednesday, June 01, 2011, at approximately 9:30 pm, 26-year-old Eugene Antoine Kelly of Northeast, Washington, DC, was arrested by members of the Capital Area Regional Fugitive Task Force pursuant to an arrest warrant charging him with First Degree Murder while Armed, in the shooting death of Isaiah Harris.