Kwan Kearney | Homicide Watch DC

Jeremy Risper Sentenced to 35 Years for Jamal Wilson Murder

Rebecca Zisser — Fri, 27 Jul 2012 12:36:17 -0400

Jeremy Risper was sentenced to 35 years in prison Friday for the shooting death of Jamal Wilson.

It was a crime that Judge Thomas Motley said was a case of "loyalty gone too far."

Risper, 22, was found guilty of first degree murder while armed, plus two weapons charges, in a March trial. Jurors found that in Nov. 2010 Risper and his co-defendant, Kwan Kearney, chased 19-year-old Wilson through the Truxton Circle neighborhood then engaged in a shootout that left Wilson dead.

The chase was captured on street surveillance cameras. Jurors saw Wilson and his friends passing through the neighborhood and a pizza shop parking lot with Kearney and Risper following them. In the parking lot, Kearney dropped something and stopped to pick it up. Risper raised his right hand in a shrug-like gesture. Prosecutors offered that Kearney had dropped, and picked up, his gun and that Risper's shrug meant "come on, let's go."

Wilson was killed in a shootout just moments later. A .45-caliber bullet from Kearney's gun struck him in the side. Wilson is believed to have returned fire.

Motley said the evidence in the case had been "overwhelming."

"To be loyal is a good thing, but you have to draw the line," Motley told Risper Friday. "Helping someone kill another person is not a good thing. That's loyalty gone too far."

Risper intends to appeal his conviction.

At sentencing Friday, Prosecutor Michael Ortwein said that Risper did not actually pull the trigger that resulted in Wilson's death, but that he was criminally liable and guilty.

"Mr. Risper was prepared to assist and he knew he was assisting in a premeditated murder," Ortwein said.

Prosecutors and defense attorney's had recommended a 30-year sentence for the first-degree murder charge. That sentence would have been the minimum required by law.

Thomas Heslep asked Motley to take into consideration that Risper had testified in a DC murder case several years ago. That action would make his life in prison especially difficult, Heslep said, adding that because of that Risper was entitled to the lowest term possible.

"Your Honor," he said. "Serving 10 years with a label [of being a government witness] is worse than serving 30 years without."

Heslep said Risper intends to appeal his conviction and he told the court that he had advised Risper not to make a statement at sentencing.

When asked if he wished to speak, however, Risper addressed his family.

"I just want to let my mother know that I love her and my family, and that's it," he said, mouthing to them moments later, "I love you."

In addition to the 35-year murder sentence, Risper was ordered to pay the costs of a headstone for Wilson's grave.

Risper's sentence is ten years shorter than the one his co-defendant received; Kearney, who was also found guilty of a separate homicide the same week Wilson was killed, was sentenced to 45 years in prison.

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

District Man Sentenced to 35 Years in Prison In Slaying of Teenager in Northwest Washington - He and Another Man Armed Themselves and Chased the Victim For Blocks -

WASHINGTON - Jeremy Risper, 22, of Washington, D.C., was sentenced today to 35 years in prison on charges stemming from the November 2010 slaying of a teenager in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.

Risper was found guilty by a jury in March 2012 after a trial in the Superior Court of the District of Columbia of charges of first-degree murder while armed and related weapons offenses. He was sentenced by the Honorable Thomas J. Motley.

A co-defendant, Kwan Kearney, 21, also of Washington, D.C., was convicted of the same charges by the jury. Kearney, who fired the fatal shot, was sentenced in June 2012 to a 45-year prison term in the case.

According to the government’s evidence, Kearney and Risper got into a dispute on the night of Nov. 13, 2010 with the victim, Jamal Wilson, 19, who was a good friend of theirs. Kearney and Mr. Wilson had a falling-out the night of the murder when Kearney got into a fight and Mr. Wilson and other friends of Kearney’s refused to help.

Risper, who had no hand in the dispute, chose to arm himself along with Kearney and joined Kearney in pursuing Mr. Wilson and some friends several blocks through alleys. The pursuit ended in a shoot-out at 12:30 a.m. Nov. 14, 2010, in the unit block of P Street NW, in which Kearney killed Mr. Wilson with a shot through the heart.

The murder of Mr. Wilson was the second committed by Kearney within six days.

Kearney was released from jail on Monday morning, Nov. 8, 2010. That night, he killed another teenager in the District of Columbia. Kearney fatally shot that victim, Joseph Sharps, Jr., 17, in the 1300 block of Holbrook Street NE. The victim and an 18-year-old friend were walking to Joseph’s home when Kearney and another of his associates attacked them. The friend was hit in the leg. Kearney was convicted in December 2011 of first-degree murder while armed and other charges in that attack and later was sentenced to 60 years in prison in that case.

In announcing today’s sentence, U.S. Attorney Machen praised the work of the detectives, officers and mobile crime technicians who investigated the case for the Metropolitan Police Department. He also commended the efforts of those who worked on the case for the U.S. Attorney’s Office, including Intelligence Analyst Sharon Johnson, Litigation Support Specialist Kimberly Smith, Victim/Witness Advocate Marcia Rinker, and Paralegal Specialists Delissa Rivers and Phillip Aronson.

Finally, he praised the work of Assistant U.S. Attorneys David P. Saybolt and B. Michael Ortwein III, who tried and investigated the case. Assistant U.S. Attorney Saybolt also prosecuted the case involving the murder of Joseph Sharps, Jr.

Kwan Kearney to Serve 105 Years for Week of Deadly Shootings

Laura Amico — Fri, 15 Jun 2012 12:41:28 -0400

Biting his lip and appearing, for the first time over the course of his two murder trials, as young as his 21 years, Kwan Kearney was sentenced today to 45 years in prison for the shooting death of Jamal Wilson.

The sentence, Judge Thomas Motley said, was to be served in addition to the 60 year sentence Kearney was given just months ago for the shooting death of Joseph Alonzo Sharps Jr.

"He'll die in jail," Kearney's attorney, Gene Johnson, warned the court, while Kearney chewed on his lower lip.

Kearney was found guilty in March of fatally shooting Jamal Demetrius Wilson in Nov. 2010. The charges included premeditated first-degree murder. Kearney pled innocent and Johnson argued that Kearney had no reason to kill Wilson; Kearney’s family testified at trial that the men were "best friends." Johnson argued that the government’s witnesses in the case were unreliable; at least two of them had plea agreements with the government in other cases and were awaiting sentencing when they testified against Kearney.

In December, Kearney was convicted of first-degree murder while armed in the shooting death of Joseph Alonzo Sharps Jr. Sharps was fatally shot just six days before Wilson was killed and the same day Kearney was released from jail, prosecutors said.

He was sentenced to a total of 60 years in prison for that crime, a crime that he maintained, even at sentencing, that he didn't commit.

"My condolences to the family," Kearney said at his sentencing in February. "But you all got the wrong man. I ain't never killed a man in my life."

His words in court Friday were brief as well. Looking over his shoulder to address Wilson's mother he said, "I'd like to tell Miss Maxine I'm sorry about your loss."

"I don't know why someone thinks I killed my best friend," he said.

The two sentences added together equal 105 years in prison.

"The evidence of your guilt was overwhelming," Motley told Kearney. "That was you in the shootout there in the streets of the District of Columbia. It is a tragedy. Somebody has to think about the people who are killed. Each and every life has value. If you killed two people, you face two sentences."

Kearney's co-defendant in the Wilson case, Jeremy Risper, was also convicted of murder. His sentencing was postponed today because he requested a new attorney.

The Government's Sentencing Memorandum is below.

Kwan Kearney, Jeremy Risper Guilty on All Counts in Murder of Jamal Wilson

Laura Amico — Thu, 22 Mar 2012 12:37:23 -0400

Kwan Kearney and Jeremy Risper were both found guilty on all counts, including premeditated first-degree murder this afternoon in the Nov. 14, 2010 shooting death of Jamal Demetrius Wilson.

The jury of four men and eight women returned the verdict after less than three hours of deliberation.

Sentencing is scheduled for June 15. Kearney and Risper asked, through their attorneys, that they be sentenced at the same time on that day.

Prosecutors Michael Ortwein and David Sayboldt yesterday asked the jury to find the men guilty of killing Wilson, saying that Kearney and Risper were equal participants in a chase and shootout that left the 19-year-old dead.

In surveillance videos played into evidence, Wilson and his friends are seen passing through a neighborhood and parking lot. Kearney and Risper are seen following them. In the parking lot, Kearney drops something and stops to pick it up. Risper raises his right hand in a shrug-like gesture.

Prosecutors say the videos show Wilson and his friends running from Kearney and Risper. They say the item Kearney drops is a gun and that the gesture Risper makes is one of, “Come on, let’s go.”

Wilson was killed in a shootout just moments later. A .45-caliber bullet struck him in the side. Prosecutors said Kearney fired a .45-caliber weapon that night but that Risper was firing at Wilson at the same time. Wilson is believed to have returned fire.

Risper was convicted of first degree murder while armed and two weapons charges. Kearney was convicted of first degree murder while armed and three weapons charges.

Jury Deliberations Begin Thursday in Kwan Kearney and Jeremy Risper Trial

Laura Amico — Wed, 21 Mar 2012 22:33:24 -0400

Jurors in the cases against Kwan Kearney and Jeremy Risper are expected to begin deliberating on the charges Thursday morning.

Prosecutors Michael Ortwein and David Sayboldt asked the jury to find the men guilty of killing Jamal Wilson, saying that Kearney and Risper were equal participants in a chase and shootout that left the 19-year-old dead.

But Kearney's and Risper's defense attorneys argued that that description of events--a chase and a shootout--was not entirely accurate and urged the jury to find the men "not guilty."

All four of the attorneys called the jury's attention back to surveillance video evidence of what prosecutors called a "chase."

In the videos, Wilson and his friends are seen passing through a neighborhood and parking lot. Kearney and Risper are seen following them. In the parking lot, Kearney drops something and stops to pick it up. Risper raises his right hand in a shrug-like gesture.

Prosecutors say the videos show Wilson and his friends running from Kearney and Risper. They say the item Kearney drops is a gun and that the gesture Risper makes is one of, "Come on, let's go."

"This is not a who-dun-it mystery," Ortwein said.

But defense attorneys disagreed.

Dana Page said the movement can hardly be characterized as running.

"These guys aren't running for their lives," she said. "They're walking, or what I would say, skipping. They aren't acting like someone who threatened to kill them is chasing them."

Of Risper's gesture, he could easily have been trying to right himself when stepping on a curb, she said.

Kearney's attorney, Gene Johnson, disagreed that Kearney dropped--and picked up--a gun.

"It could have been a can of sardines," he said.

What happened next was a playground shootout. When it was over, Wilson lay dying on a nearby doorstep, felled by a .45-caliber bullet to his side.

Said Ortwein, "Kwan Kearney felt like he had been betrayed. He'd had his butt beaten [in a fight at a party earlier] and because of that embarrassment, rather than letting that betrayal and rage stay [at the party], it escalated. Kwan Kearney pulled the trigger and Jeremy Risper is guilty as an aider and abetter. When you boil the case down you have these two guns, those two defendants, these three blocks, and Jamal Wilson's death."

Page told jurors a different part of the story. She said Wilson and his friends had laid in wait for Kearney and Risper with ski masks covering their faces so that they wouldn't be recognized on any video surveillance.

"If [Wilson and his friends] were so afraid that they were running for their lives trying to get away from these guys coming at them guns blazing, why did they stop to see if these guys [crossed the street] why did they stop to put masks on," she asked the jury. "Are those the actions of young men that are scared? Are those the actions of young men that are fleeing? Are those the actions of young men that are defending themselves? Absolutely not."

"Jeremy Risper pulled a gun out to protect himself from getting shot," she said.

Johnson argued that Kearney had no reason to kill Wilson; Kearney's family testified earlier in the week that the men were "best friends." He also called into question the government's witnesses, at least two of whom have plea arguments with the government in other cases and are awaiting sentencing.

Referencing Shakespeare's Hamlet, Johnson told the jury, "There's something rotten in the US versus Kwan Kearney."

The jury is expected to begin deliberating on the case at 9:30 a.m. Thursday.

Closing Arguments Wednesday in "First and O" Murder Trial

Laura Amico — Tue, 20 Mar 2012 18:51:32 -0400

Closing statements are expected Wednesday morning in the murder case against Kwan Kearney and Jeremy Risper, on trial for first-degree murder while armed in the shooting death of Jamal Wilson.

Prosecutors have argued that Kearney, Risper, and Wilson, were all friends, but that arguments about testifying in a trial had broken up their group.

The group split, Prosecutor David Saybolt said, after Risper and Kearney's brother Eric testified in court against another friend.

Wilson was fatally shot Nov. 14, 2010.

"Years of friendship were forgotten in a moment when Kwan Kearney shot the gun and put a bullet through his friend's heart," Saybolt said in opening statements.

The government's case was presented over the course of four days and concluded early Tuesday afternoon with the testimony of a firearms expert, a forensic scientist, and a medical examiner.

The medical examiner displayed a photo of the bullet that was extracted from Wilson's chest during an autopsy; the firearms expert identified the bullet as a .45-caliber and said it had been fired from the Colt .45 that detectives recovered during their investigation of the crime. A total of three guns were recovered. The forensic scientist said DNA evidence had not been recovered from two of the weapons, but that Wilson's DNA could be present on one of them, a .40-caliber Beretta.

Defense attorneys for Kearney and Risper closed their cases quickly Tuesday afternoon: Risper's attorney, Dana Page, did not present any evidence on behalf of Risper. Kearney's attorney, Gene Johnson, called Kearney's mother and his girlfriend to the stand.

The women both testified that Kearney and Wilson were "best friends."

In opening statements, Page told the jury that Risper did not shoot Wilson. At that time she argued that the prosecution's witnesses were untrustworthy.

Closing arguments are scheduled for 10:15 Wednesday morning.

Note: Earlier Homicide Watch reports about this case misidentified the crew Kearney, Risper and Wilson were said to have belonged to. It is "First and O," not "First and Oak." The previous stories have been corrected.

“We just shot your man. It ain’t had to go like this."

Lindsey Anderson — Fri, 16 Mar 2012 17:49:37 -0400

A former neighborhood friend of Jamal Wilson, Kwan Kearney, and Jeremy Risper testified for nearly three hours this afternoon against Kearney and Risper who are on trial for first-degree murder while armed.

The friend, 20-year-old Joshua Geter, agreed to testify under a plea bargain. Geter was arrested for first-degree burglary on Nov. 22, 2010, eight days after Wilson was killed in a shooting.

Geter said Kearney’s brother, Eric Kearney, and Joshua Risper were considered “hot” or “snitches” after they testified against another friend in 2009. The Kearneys and Risper stopped coming around the First Street and O Street neighborhood soon after, Geter said.

He said he was with Wilson and a group of their friends when Kearney and Risper came looking for Wilson late at night on Nov. 13, 2010. Most of the group walked up the street, Geter said, but he stayed behind.

Later, shots went off down the street and Geter rejoined the group. Soon after the shots, he said Kearney told him: “We just shot your man. It ain’t had to go like this.”

Both defense attorneys primarily questioned Geter about his plea deal with the government and about whether he had spoken about the shooting before he was arrested for burglary, which carries a maximum sentence of 30 years in prison.

Kearney’s attorney, Gene Johnson, asked Geter if he was being a "snitch" just like Risper and Eric Kearney. Geter, with a faint smile, said yes.

Geter said police never asked him about the murder and that the government approached him about the plea deal, not the other way around.

The trial will continue at 9:40 a.m. Monday with Judge Thomas Motley.

"Betrayal" Led to Jamal Wilson's Death, Prosecutors Allege

Lindsey Anderson — Thu, 15 Mar 2012 19:42:15 -0400

After three days of motions hearings and jury selection the first-degree murder trial of Kwan Kearney and Jeremy Risper got underway Thursday morning,

Prosecutor David Sayboldt told jurors in opening statements that Kearney, Risper, and the victim, Jamal Wilson, were all friends, but that arguments about testifying in a trial had broken their group up.

The group split, Saybolt said, after Risper and Kearney's brother Eric testified against another friend, Levon Williams.

Wilson was killed in a shooting in November 2010.

"Years of friendship were forgotten in a moment when Kwan Kearney shot the gun and put a bullet through his friend's heart," Saybolt said.

He said Kearney felt betrayed by Wilson.

The disagreement led to several exchanges of gunfire: Kearney shot at Wilson and two of Wilson's friends, then Wilson later shot at Kearney, Sayboldt said. Eventually, Sayboldt said, Kearney and Risper armed themselves and "ran [Wilson] down." Saybolt said Kearney fired the fatal shot but that Risper was just as guilty since he also armed himself and chased Wilson.

Risper's defense attorney, Dana Page, argued that the prosecution's witnesses were untrustworthy and disputed Saybolt's claim that Risper "aided and abetted."

"Jeremy Risper did not shoot Jamal Wilson," she said.

The trial will resume at 1 p.m. tomorrow with Judge Thomas Motley.

Jury Selected in "First and O" Case

Lindsey Anderson — Wed, 14 Mar 2012 17:21:59 -0400

Twelve jurors and two alternates were selected today to hear the case against Kwan Kearney and Jermey Risper, charged with killing Jamal Wilson.

Judge Thomas Motley is expected to hear opening arguments tomorrow at 9:30 a.m.

Prosecutors say the three men were members of the "First and ~~Oak~~ O" crew. An overview of the case can be found here.

3-20-12: A correction has been made to this story. The crew associated with the case is known as "First and O," not "First and Oak" as initially reported.

Jury Selection Expected Tomorrow for Two Murder Cases

Laura Amico — Mon, 12 Mar 2012 16:25:31 -0400

Judges Thomas Motley and Russell Canan ruled today on final motions in two murder cases set for trial this week, ultimately deciding that both cases are ready to move forward with jury selection.

Judge Thomas Motley is hearing the case against Kwan Kearney and Jeremy Risper, accused of killing Jamal Wilson. An overview of the case is here.

Judge Russel Canan is hearing the case against Raymond Roseboro, accused of killing Prince Okorie. An overview of the case is here.

Jury selection is scheduled to start at 9:30 a.m. Tuesday in both cases.

Stephanie Czekalinski contributed to this report.

"First and O" Murder Trial Expected to Start Today

Laura Amico — Mon, 12 Mar 2012 07:14:29 -0400

Just one month after being sentenced to a 60-year prison term for shooting and killing Joseph Alonzo Sharps Jr, Kwan Kearney is due to stand trial again.

Kearney, who turned 21 on Wednesday, is suspected in the shooting death of Jamal Wilson. He and his co-defendant, Jeremy Risper, are expected to stand trial in that case today.

Wilson was shot through the chest early in the morning of Nov. 14 after being pursued by two men in the Truxton Circle neighborhood. MPD Homicide Detective Hosam Nasr, who testified in a preliminary hearing in the case, said police believe Wilson was shot on a playground in the unit block of P Street where bullet casings were found. Emergency responders found Wilson further down the block. Wilson fell on the playground after being shot, got up, ran from the scene, fell again, stood up with assistance from a friend, and ran again before collapsing, Nasr said.

Wilson was 19 years old and, Prosecutor David Sayboldt said at the preliminary hearing, part of the "First and ~~Oak~~ O" crew. Kearney and Risper were part of that crew, too, Sayboldt said. And the three of them were "beefing" about a man nicknamed "Phsycho."

Kearney's brother and Risper and testified in a murder trial against "Psycho" and "Psycho" had been convicted, Sayboldt said. Some members of “First and ~~Oak~~ O” were upset that the men had worked with prosecutors.

Wilson’s death is linked to the killing of Joseph Alonzo Sharps Jr.—which took place just six days prior—by a gun. Prosecutors allege that Kearney shot at Wilson using a gun that Larnell Allen had used to shoot Sharps. Prosecutors believe Kearney and Risper stole the gun from Allen sometime after Sharps was killed. Allen pleaded guilty in the death of Sharps; Kearney was convicted of first-degree murder while armed.

Judge Thomas Motley is expected to hear the case beginning at 9:30 a.m.

3-20-12: A correction has been made to this story. The crew associated with the case is known as "First and O," not "First and Oak" as initially reported.

"You all got the wrong man," Kwan Kearney Tells Judge at Sentencing

Laura Amico — Fri, 10 Feb 2012 16:17:24 -0500

Speaking Friday for the first time about the murder charge against him, and that he was convicted of, Kwan Kearney told Judge Robert Richter that he was innocent.

"My condolences to the family," Kearney said at sentencing, turning slightly to look over his shoulder and glance at the packed courtroom. "But you all got the wrong man. I ain't never killed a man in my life."

Kearney did not take the stand during his week long trial in December. A jury found him guilty of first degree murder while armed with aggravating circumstances in the death of Joseph Alonzo Sharps Jr. and assault with intent to kill with regard to the shooting of Sharp's friend De’Onte Bilbro.

On Friday Richter sentenced Kearney to 45 years in prison on the murder charge and 15 years on the assault charge. The sentences are to be served consecutively, for a total of 60 years in prison.

Dressed in a bright orange jail jumpsuit and a matching orange kufi ringed with green, Kearney stood still and quiet while Richter told him the sentence, and while Richter admonished him for his life choices.

"This was a brutal, senseless crime," Richter said. "It appears that Mr. Kearney was on this path for several years and it was inevitable that he would end up behind bars."

Kearney’s attorney, Gene Johnson, had argued that it was another man— Larnell Allen— who was responsible for shooting Sharps and De’Onte Bilbro. Allen was charged as a co-defendant in the case, but testified as a cooperating witness.

On the witness stand he narrated the shooting that left Sharps dead and injured Bilbro. Bilbro also testified about what took place.

Bilbro, then 18, said he and Sharps, 17, were walking home from a nearby gas station, when three guys walked towards them on the sidewalk.

“I looked to see who I was walking past and the tallest one said ‘Whatchya reaching for?’” Bilbro testified. “Joe said, ‘We ain’t reaching for nothing.”

That’s when the shots rang out, Bilbro said, he fell to the ground injured. His left leg lay up against his stomach; he later learned that his femur had been shattered.

Testified Allen, “As soon as [Kearney] pulls the gun he fires,” Allen said of the run-in between Sharps, Bilbro, Kearney, a 14-year-old, and himself. “I withdrew my gun from my hip and I fired. It’s like backing him up. One fires, we all fire.”

On Friday prosecutor David Saybolt said he asked Allen why the shooting happened. Why Sharps was killed and Bilbro injured.

"Kwan was just fucking with him. He liked to fuck with people," Saybolt said Allen told him.

According to court records, Allen is due in court March 27 for a status hearing in connection with the charges against him in this case.

Kearney is suspected of a second shooting, which killed Jamal Demetrius Wilson, that took place the same week Sharps was killed. A jury trial is scheduled to begin in that case on March 12.

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

District Man Sentenced to 60 Years in Prison For First-Degree Murder While Armed
and Other Charges in Random Slaying of Honor Roll Student- Victim and His Friend Were Accosted and Shot While Walking on Street-

WASHINGTON - Kwan Kearney, 20, was sentenced today to 60 years in prison on charges stemming from the slaying of a 17-year-old honor roll student and the wounding of a second teenager in a random attack last year, U.S. Attorney Ronald C. Machen Jr. announced.

Kearney, of Washington, D.C., was convicted by a jury in December 2011 of charges of first-degree murder while armed, assault with intent to kill while armed, aggravated assault while armed, and a firearms offense. He was sentenced in the Superior Court of the District of Columbia by the Honorable Robert I. Richter.

According to the government’s evidence, on the evening of November 8, 2010, the decedent, Joseph Sharps, Jr., had just finished his music homework and was visiting with an 18-year-old friend at his home in Northeast Washington. Joseph borrowed $2 from his mother, and he and his friend decided to go to a nearby gas station to buy cigarettes. About 8:30 p.m., on their way back to Joseph’s home, the teenagers passed by Kearney and two other men on the sidewalk in the 1300 block of Holbrook Street NE. As Joseph walked, he had one hand in his pockets and with the other was talking on his cell phone.

As the two groups of young men passed each other, Kearney bumped Joseph. “Stop, pump-faking,” said Kearney. “I’m not pump-faking,” replied Joseph. Kearney confronted him again – “What you reaching for?” Joseph said he wasn’t reaching for anything. According to the testimony of one eyewitness, Joseph then raised his hands and shrugged, as if to say that he had no idea what Kearney was talking about. Kearney then pulled a Colt .38-caliber revolver from his waistband and shot Joseph in the belly. Kearney kept shooting. Joseph’s friend was hit in the leg, and Joseph was also hit in the leg and shoulder.

Joseph managed to call 911, stating, “I’m hit, I’m down on Holbrook.” Soon after that, he died. The wound to the hip went through an artery, causing Joseph to bleed to death on the street.

One of Kearney’s associates also fired a weapon during the attack. Afterward, the assailants ran from the scene.

Neither Joseph Sharps, Jr. nor his friend knew Kearney until they walked by each other on the street that night. In addition to being an honor roll student, Joseph was a varsity basketball and football athlete at Spingarn High School.

“Kwan Kearney robbed our community of a bright, energetic young man who had an outstanding future ahead of him for simply no reason at all,” said U.S. Attorney Machen. “For his destructive and cowardly actions, Kearney will now spend his adulthood behind bars. Today is just another example of the terrible toll that youth violence plays in our communities – destroying the lives of not only the victims but of the perpetrators of violence as well.

Kearney was arrested eight days after the shooting and has been in custody ever since. A co-defendant earlier pled guilty to charges in the case.

In announcing the sentence, U.S. Attorney Machen praised the work of those who investigated the case for the Metropolitan Police Department, including Detectives Anthony Paci and Sean Caine, Officers Douglas Hain, Jerry Afari, Herbert Nicholls and Steven Bias, and Mobile Crime Technicians Robert McCollum, Leother Strong, Michael DePrince and Fred Brown. He also commended the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegal Specialist Delissa Rivers, Legal Assistant Lashone Samuels, Intelligence Specialist Sharon Johnson, Litigation Support Specialists Leif Hickling and William Henderson, and Victim Witness Advocate Marcey Rinker. Finally, he praised the work of Assistant U.S. Attorney David Saybolt, who prosecuted the case.

"Guilty" Verdict in Kwan Kearney Murder Case

Laura Amico — Fri, 09 Dec 2011 16:04:05 -0500

Kwan Kearney was found guilty today of first-degree murder while armed in the shooting death of Joseph Alonzo Sharps Jr.

The verdict came at noon today; the jury deliberated for approximately four hours before finding Kearney guilty on each of the eight counts and the aggravating circumstance that the crime was random.

Sentencing is scheduled for Feb. 10. The sentencing range on first-degree murder alone is 30 years to life. The other charges Kearney was found guilty of were: assault with intent to kill while armed, aggravated assault and four weapons charges.

Kearney's attorney had argued that it was another man-- Larnell Allen-- who was responsible for shooting Sharps and De'Onte Bilbro.

Kearney is also awaiting trial in another murder case, the shooting death of Jamal Demetrius Wilson. A jury trial in that case is scheduled to being March 12, 2012.

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

District Man Convicted of First-Degree Murder While Armed and Other Charges in Random Slaying of Honor Roll Student - Victim and His Friend Were Accosted and Shot While Walking on Street-

WASHINGTON - Kwan Kearney, 20, was convicted by a jury today of first-degree murder while armed and other charges in the slaying of a 17-year-old honor roll student and the wounding of a second teenager in a random attack that took place last year on a Northeast Washington street, U.S. Attorney Ronald C. Machen Jr. announced.

Kearney, of Washington, D.C., also was convicted of charges of assault with intent to kill while armed, aggravated assault while armed, and a firearms offense. The verdict followed a trial in the Superior Court of the District of Columbia. The Honorable Robert I. Richter scheduled sentencing for February 10, 2012. Kearney faces a potential sentence of life in prison.

According to the government’s evidence, on the evening of November 8, 2010, the decedent, Joseph Sharps, Jr., had just finished his music homework and was visiting with an 18-year-old friend at his home in Northeast Washington. Joseph borrowed $2 from his mother, and he and his friend decided to go to a nearby gas station to buy cigarettes. About 8:30 p.m., on their way back to Joseph’s home, the teenagers passed by Kearney and two other men on the sidewalk in the 1300 block of Holbrook Street NE. As Joseph walked, he had one hand in his pockets and with the other was talking on his cell phone.

As the two groups of young men passed each other, Kearney bumped Joseph. “Stop, pump-faking,” said Kearney. “I’m not pump-faking,” replied Joseph. Kearney confronted him again – “What you reaching for?” Joseph said he wasn’t reaching for anything. According to the testimony of one eyewitness, Joseph then raised his hands and shrugged, as if to say that he had no idea what Kearney was talking about. Kearney then pulled a Colt .38-caliber revolver from his waistband and shot Joseph in the belly. Kearney kept shooting. Joseph’s friend was hit in the leg, and Joseph was also hit in the leg and shoulder.

Joseph managed to call 911, stating, “I’m hit, I’m down on Holbrook.” Soon after that, he died. The wound to the hip went through an artery, causing Joseph to bleed to death on the street.

One of Kearney’s associates also fired a weapon during the attack. Afterward, the assailants ran from the scene.

Neither Joseph Sharps, Jr. nor his friend knew Kearney until they walked by each other on the street that night. In addition to being an honor roll student, Joseph was a varsity basketball and football athlete at Spingarn High School.

“In this tragic case, one teenager killed another for no reason at all,” said U.S. Attorney Machen. “Joseph Sharps, Jr. was an honor roll student and varsity athlete who was gunned down in a senseless act of violence. Today’s first-degree murder conviction, which could place the defendant behind bars for the rest of his life, reflects this community’s resolve to protect our neighborhoods from those who are intent on bringing murder and mayhem to our city streets. ”

Kearney was arrested eight days after the shooting and has been in custody ever since. A co-defendant earlier pled guilty to charges in the case.

In announcing the jury’s verdict, U.S. Attorney Machen praised the work of those who investigated the case for the Metropolitan Police Department, including Detectives Anthony Paci and Sean Caine, Officers Douglas Hain, Jerry Afari, Herbert Nicholls and Steven Bias, and Mobile Crime Technicians Robert McCollum, Leother Strong, Michael DePrince and Fred Brown. He also commended the efforts of those who worked on the case for the U.S. Attorney’s Office, including paralegal specialist Delissa Rivers, legal assistant Lashone Samuels, intelligence specialist Sharon Johnson, litigation support specialists Leif Hickling and William Henderson, and victim witness advocate Marcey Rinker. Finally, he praised the work of Assistant U.S. Attorney David Saybolt, who prosecuted the case.

Jury Deliberations Begun in Kwan Kearney Murder Case

Laura Amico — Thu, 08 Dec 2011 16:17:36 -0500

A jury of six men and six women are now deliberating in the case accusing Kwan Kearney of shooting at two Spingarn High School students, killing one of them.

Jurors were dismissed to deliberate at 3:35 Thursday afternoon. If they do not reach a verdict today, they will be back tomorrow to continue deliberations.

Kearney, 20, did not take the stand to defend himself against the accusation that on Nov. 8, 2010 he, Larnell Allen, and a 15-year-old were involved in killing Joseph Alonzo Sharps Jr. and seriously wounding De'Onte Bilbro.

In closing arguments, Kearney's defense attorney, Gene Johnson, told jurors that Kearney was not guilty in the attacks.

"It was Allen who shot Mr. Bilbro and killed Mr. Sharps," Johnson said.

Allen pleaded guilty to second-degree murder and assault with intent to kill in connection with the case. The minimum sentence for those charges is 85 years, Prosecutor David Saybolt said. In return for his testimony in Kearney's case, in which Allen stated that Kearney shot at Bilbro and Sharps and that he pulled his weapon and fired, too, to "back up" Kearney, prosecutors have agreed to ask the sentencing judge to be lenient with him.

"Two bullets. Two guns. Two shooters. Larnell Allen and Kwan Kearney," Saybolt said in closing arguments. "Hold [Kearney] accountable," he told jurors.

But Johnson argued that jurors don't know that there were two shooters. Two of the government's witnesses, Allen and the then-fifeteen-year-old, are "criminals" with limited credibility, Johnson said. Of the other eyewitness to the shooting, Bilbro himself, Johnson said his story gave no weight to the government's theory that both Kearney and Allen shot weapons that night.

Bilbro testified that "the tall one," or Kearney, fired first, striking him in the leg. Johnson said the bullet that struck Bilbro was known to have been fired from Allen's gun. Lacking this basic truth, Johnson called into question whether Bilbro's recollection of what happened was accurate at all.

Saybolt countered that Johnson's facts were incorrect. The bullet that struck Bilbro was never found, he said. A bullet fired from Allen's gun though is known to have struck Sharps' leg, he said.

Kwan Kearney Murder Case Could Go to the Jury as Early as Thursday

Lindsey Anderson — Wed, 07 Dec 2011 17:03:40 -0500

After just two days of testimony, the Kwan Kearney murder case could go to the jury as early as Thursday afternoon, the Judge hearing the case said today.

Kearney, 20, is charged with shooting two Spingarn High School students in Nov. 2010. One of the students, De'Onte Bilbro, survived. The other, Joseph Alonzo Sharps Jr., was killed.

The government began presenting evidence in the case late Monday afternoon. On Wednesday Prosecutor David Saybolt said he expected to call just one more witness Thursday morning before resting his case.

At the end of Wednesday’s testimony, Kearney said he did not want to testify, although Judge Robert Richter told Kearney he could change his mind and urged him to make the choice for himself, not for his lawyer, his family or anyone else.

A Coolidge High School junior who was present at the shooting testified Wednesday, answering "I don't remember" to nearly all of the prosecution and defense's questions.

The youth, who was 15 years old in Nov. 2010, testified about the shooting during a grand jury hearing earlier this year. He has an immunity agreement with the DC Attorney General in exchange for his testimony but could have been charged with hiding a revolver, Saybolt said.

On Wednesday, the prosecution and defense attorneys read quotes from the boy's grand jury testimony, asking him if he had said those quotes and if they were true, to which he would answer, "yes."

In the grand jury testimony, the boy had said he did not remember seeing Kearney with a gun in his hand, only Larnell Allen.

Former D.C. Deputy Chief Medical Examiner Sarah Colbin testified Wednesday that a gunshot wound to the abdomen killed Sharps. The bullet punctured a main artery that led to significant blood loss and blood entering his abdominal cavity, Colbin said. Sharps was also shot in his left calf and a bullet grazed his right upper back, but the fatal shot was to his abdomen, she said.

Metropolitan Police Department forensic scientist Jennifer Zeffer said the DNA on the Colt .38-caliber gun that was found in the 15-year-old’s room excluded Kearney and Jeremy Risper, another suspect in the case. But that did not mean the two did not handle the gun, Zeffer said. Having duct tape on the gun’s handle or using gloves or a T-shirt to handle the gun could have prevented DNA from sticking, she said.

The trial is expected to resume Tuesday morning at 10:15 a.m., beginning with testimony from a firearm expert for the government.

Judge Richter said the case may be given to the jury tomorrow after defense attorney Gene Johnson presents his case.

"One fires, we all fire."

Laura Amico — Tue, 06 Dec 2011 18:49:55 -0500

"9-1-1 it's an emergency, please send a SWAT team with urgency," Larnell Allen rapped from the witness stand at Kwan Kearney's trial Tuesday.

The words, a rough approximation of Gucci Mane's popular song "911 Emergency," had been sung by Allen before. Together on Nov. 8, 2010, he, Kearney and others sang them out, laughing, as they heard sirens responding to the Trinidad street where Joseph Alonzo Sharps Jr. and De'Onte Bilbro had just been shot. A shooting that Allen said he and Kearney both took part in.

"As soon as [Kearney] pulls the gun he fires," Allen said of the run-in between Sharps, Bilbro, Kearney, a 14-year-old, and himself. "I withdrew my gun from my hip and I fired. It's like backing him up. One fires, we all fire."

That shooting killed 17-year-old Sharps and seriously wounded then-18-year-old Bilbro. Families of the two young men were in court Tuesday, both in the audience and on the witness stand. Bilbro, too, took the witness stand, describing for jurors how he and his best friend were walking home from a nearby gas station, when three guys walked towards them on the sidewalk.

"I looked to see who I was walking past and the tallest one said 'Whatchya reaching for?'" Bilbro remembered. "Joe said, 'We ain't reaching for nothing."

That's when the shots rang out, Bilbro said, he fell to the ground injured. His left leg lay up against his stomach; he later learned that his femur had been shattered. Still, he got up and ran across the street thinking that he could go get help. But once across the street, his leg crumpled under him and he fell, again.

He called his mom on his cell phone.

"Mom," Dorothea Bilbro told the jury her son said when she picked up the phone. "I've been shot. Around the corner."

She jumped in her car and drove around the corner. "I saw Joe and I saw De'Onte," she remembered. She checked on her son, then ran to his best friend.

"This is Ma Bilbro," she said she told Sharps. "You're going to be alright."

Earlier, Prosecutor David Saybolt had asked De'Onte Bilbro: Who was the "tall guy" that shot at him and his best friend?

Bilbro stood up from the witness stand and pointed at Kearney, dressed in a light pink button-down shirt and a striped tie.

The trial is expected to resume Wednesday morning at 10 a.m.