Gregory Smithwick | Homicide Watch DC

Substantial Probability Found in Case Against Dominique Holmes

Imari Williams — Mon, 15 Dec 2014 17:49:20 -0500

A judge found substantial probability Monday that Dominique Holmes committed second-degree murder in the shooting death of Ricky Kelly in October.

Holmes' co-defendant, Gregory Smithwick, is charged only with armed car jacking, though both were arrested for Kelly's murder.

On October 10, police found Kelly dead in the 100 block of Ivanhoe Street Southwest shot multiple times.

Court documents say Holmes and Smithwick stole a car and tried to flee, but they crashed near 32nd Place and Alabama Avenue Southeast. Police searched the vehicle and found a nine millimeter Beretta semi-automatic handgun on the floor of the passenger seat, where Holmes was sitting, according to documents.

Assistant U.S. Attorney Kendra Briggs argued that there was enough evidence that supported substantial probability and that Holmes' actions constituted as second-degree murder.

But defense attorney April Downs countered: "A witness has confirmed Holmes' story that there was a full physical confrontation."

"It was a mutual fight," Downs said.

During his arrest, Holmes "spontaneously" told police, "They was trying to kill me on Ivanhoe," charging documents say.

In an interview, Holmes said he went to Kelly’s apartment that morning, and Kelly threatened him with a gun, documents say.

Kelly told police they struggled over the gun and claimed that Kelly shot himself several times during the struggle. Police believe the two men were avenging their friend Kevin Lucas' murder, for which they hold Kelly responsible, documents say.

According to court documents, a witness told police it was on the phone with Kelly when it heard a commotion in the background and Kelly saying, "Gimme the gun, gimme the gun!"

Before ruling, Judge Lynn Leibovitz said, "The defendant came to the area while armed with a motive to harm Mr. Kelly."

Holmes is also charged with assault with intent to kill a shooting the day before Kelly's death.

The victim in that shooting, Frank Rawlings, survived despite being shot nine times. Documents say that Rawlings told police the person who shot him was the same individual who robbed and carjacked him two or three weeks earlier.

Holmes and Smithwick are both scheduled for a felony status conference at 9:30 a.m. before Judge Leibovitz.

Additional reporting by Amelia Rufer.

Gregory Smithwick Released to High Intensity Supervision

Amelia Rufer — Mon, 24 Nov 2014 18:26:40 -0500

Judge Lynn Leibovitz ordered Gregory Smithwick's release to high intensity supervision on Monday while he awaits an indictment.

Smithwick and co-defendant Dominique Holmes were arrested on suspicion of second-degree murder and armed carjacking for the murder of 29-year-old Ricky Kelly.

At Smithwick's presentment, the judge did not find probable cause for the second-degree murder charge and ordered him held solely on armed carjacking.

Smithwick is scheduled for a felony status conference on December 12 before Judge Lynn Leibovitz. The mens' trial is expected to begin early January.

Murder Suspects Smithwick and Holmes Believed Victim Killed Their Friend

Amelia Rufer — Wed, 15 Oct 2014 11:01:20 -0400

The two men suspected of killing 29-year-old Ricky Kelly believed Kelly had killed their friend Kevin Lucas, charging documents say.

Dominique Holmes was held on a second-degree murder charge Saturday in connection with Kelly's death. Holmes' co-defendant, Gregory Smithwick, was held for armed carjacking, but not the murder charge for which he was arrested.

Charging documents say that at approximately 7:29 a.m. on October 10, an MPD helicopter located a vehicle that was reported stolen. The helicopter followed the car to 32nd Place and Alabama Avenue Southeast, where it crashed.

According to the arrest documents, Smithwick and Holmes attempted to flee. When police caught the two men, they found a 9mm Beretta semi-automatic handgun on the front passenger floor area, where Holmes was sitting at the time of the crash.

When police arrested them, Holmes "spontaneously" told police, "They was trying to kill me on Ivanhoe," the documents say.

Holmes told police he went to Kelly's apartment that morning, where Kelly pulled a handgun on him and they struggled over the gun, documents say. Holmes said that Kelly shot himself several times during the struggle. Holmes, who took the gun, went out to the car and told Smithwick that he "f**ked up."

Police found Kelly unconscious and unresponsive in the 100 block of Ivanhoe Street Southwest at around 7:29 a.m. Friday. Documents say he was shot nine times.

Police spoke with one witness who reported an attempted carjacking in the 2000 block of Fort Davis Street Southeast at approximately 6:48 a.m. on October 10, documents say.

A second witness reported a carjacking three minutes later and less than half a block away in the 2000 block 37th Street Southeast.

That witness told police that a black man ran up to her and pointed a handgun at her while repeatedly yelling, "Gimme your keys!" The man got into her silver Hyundai Sonata, and then pulled over down the road to let a second man in the car, the witness told police.

At around 7:23 a.m., documents say that a witness who was on the phone with Kelly told police it heard a commotion over the phone and Kelly saying, "Gimme the gun, gimme the gun!"

Kelly told the witness to call police, documents say, before the witness heard the sound of seven gunshots.

Another witness who was in the 100 block of Ivanhoe Street Southwest at the time told police it heard gunshots and saw a man dressed in black get into a silver vehicle with a black hood.

A preliminary hearing for the men has been scheduled for October 21.

Two Arrests in Friday Morning Homicide

Chris Amico — Fri, 10 Oct 2014 19:06:31 -0400

A shooting Friday morning killed 29-year-old Ricky Kelly of Southeast D.C., MPD announced.

Police responding to a report of a shooting around 7:29 a.m. found Kelly inside a residence in the 100 block of Ivanhoe Street Southwest with multiple gunshot wounds. He was pronounced dead at the scene.

Two men were arrested: Gregory Smithwick, 22, of Northeast D.C., and Dominique Holmes, 23 of Southeast D.C.

Both Smithwick and Holmes are suspected of first-degree murder while armed in Kelly's death, MPD said, as well as assault with a dangerous weapon and armed carjacking for incidents earlier Friday morning.

MPD's full press release is below:

(Washington, DC) –Detectives from the Metropolitan Police Department’s Homicide Branch have announced two arrests have been made in the homicide which occurred in the 100 block of Ivanhoe Street, Southwest. On Friday, October 10, 2014 at approximately 7:29 am members of the Seventh District responded to the 100 block of Ivanhoe Street, Southwest for the report of a shooting and located the victim 29-year-old Ricky Kelly of Southwest, DC inside a residence suffering from multiple gunshot shot wounds. He was later pronounced dead.

The investigation led to the arrests of two males: 22-year-old Gregory Smithwick of Northeast, DC and 23-year-old Dominique Holmes of Southeast, DC, who have both been charged with First Degree Murder While Armed in connection with the homicide of Mr. Ricky Kelly. Additionally, both defendants have been charged with Assault with a Dangerous Weapon for an offense that occurred today at approximately 6:45 am in the 2000 block of Fort Davis Street SE. Both defendants were also charged with Armed Carjacking for an offense that occurred today at approximately 6:51 am in the 2000 block of 37th Street, SE.