Latisha Frazier | Homicide Watch DC

Lanee Bell Sentenced to Three Years for Latisha Frazier Murder, Jail Time Suspended

Penny Ray — Tue, 27 Aug 2013 12:58:04 -0400

Judge William Jackson sentenced Lanee Bell to three years in prison Tuesday in connection with the brutal beating death of 18-year-old Latisha Frazier. Bell's jail time was suspended and she must complete two years of probation.

Bell had pled guilty to kidnapping in the case and said Tuesday that her participation in Frazier's death was a mistake.

"I just wanna let y'all know that I apologize for what happened," Bell wept as she addressed Frazier's family. "I made a mistake. I just ask that you find it in your heart to forgive me."

Frazier was kidnapped, punched, stomped, taped up, gagged, choked and eventually killed in early August 2010 all because Johnnie Sweet believed she stole $900 from him. Several of Frazier's kidnappers attempted to dismember her body, but failed, and prosecutors believe it is now in a Virginia landfill.

Bell testified at Sweet's murder trial and said that she didn't know that Frazier was going to be killed, and that she briefly participated in Frazier's beating out of "peer pressure."

Bell further testified that after a few minutes of punching Frazier, she pushed away Cinthya Proctor and Aneka Nelson and told them to stop because Frazier had done nothing to them. Then, Bell said, Sweet hit Frazier “too many times to count,” and after Frazier fell to the floor, Brian Gaither began stomping her. Bell said that she then left Sweet's home, where the attack occurred, and returned later that evening, but never asked what happened to Frazier.

Prosecutors believe Frazier may have been taped up and locked in a closet in Sweet's home at the time Bell returned that evening. And Assistant U.S. Attorney Chris Kavanaugh said Tuesday that Bell may have been able to prevent Frazier's death.

"This is a difficult case for the government," Kavanaugh told the court. "The facts really do set [Bell] apart from everyone else. She accepted responsibility from the very beginning, took it very seriously, and provided valuable assistance to the investigation. But, she could have stopped [the beating]."

Judge Jackson said Tuesday that when Bell pled guilty to kidnapping, and he told her the maximum penalty for the charge, "her knees buckled, but she went forward anyway."

Jackson also said that he "had the rare opportunity" to attend a portion of Sweet's trial and listen to Bell's testimony.

"She appeared to be forthcoming," Jackson said. "Ms. Bell's testimony, I thought, was crucial."

Barry Campbell, Frazier's biological father, spoke at the hearing Tuesday and said that he appreciates that Bell came forward. "I respect her for it," he said.

Bell was 17 years old at the time of Frazier's death, and was the only co-defendant in the case to testify at Sweet's murder trial. Judge Jackson said Tuesday that since then she has graduated high school and now attends college.

Antoine McCullough Sentenced to 2 years Probation for Assisting in Hiding Latisha Frazier's Body

Ivan Natividad — Sat, 03 Aug 2013 09:42:32 -0400

Judge William Jackson sentenced Antoine McCullough to two years probation Friday in connection with the 2010 kidnapping and death of 18-year-old Latisha Frazier.

McCullough, 27, pleaded guilty to conspiracy tampering with evidence after admitting to police that he helped dispose of Frazier's body.

"I just want to apologize to everybody involved in the situation because nobody should have to go through this," McCullough said at his sentencing hearing Friday.

On Aug. 2, 2010, Frazier disappeared. Several defendants have pled guilty to kidnapping and killing Frazier, although her body has not been found. Johnnie Sweet, the alleged ring leader of the group was sentenced in connection with Frazier's death earlier this week.

At Sweet's trial, McCullough testified that he helped Brian Gaither drag a gray bin containing a black plastic bag covered by a blanket to a dumpster in the 1700 block of Trenton Place Southeast. The bin weighed about 150 lbs, he said. McCullough testified that he never looked in the black bag.

Prosecutors believe Frazier's body was in the bag and that it's now in a Virginia landfill.

"We wouldn't have been able to prosecute these cases without McCullough's help," Assistant U.S. Attorney Chris Kavanaugh said Friday. "Given his acceptance of responsibility we are asking for probation."

Prosecutors said that prior to this case, McCullough had never been charged or convicted of any crimes. Terms of probation order McCullough to stay off drugs, and to obtain a job or enroll in school.

Court documents will be added to this post when they become available.

"I was wrong," Johnnie Sweet Says at Sentencing for Latisha Frazier Death

Penny Ray — Thu, 01 Aug 2013 14:42:47 -0400

Before Latisha Frazier was killed, she and the defendants charged with her death were friends. They hung out, and she brought them McDonald's. But that was before Frazier was kidnapped. Punched. Stomped. Taped up. Gagged. Choked. And killed.

On Thursday, one of those friends, Johnnie Sweet, was sentenced for his role in the attack. His punishment: 52 years in prison.

“I'm not gonna sugarcoat it; I'm not gonna lie,” Sweet said Thursday at his sentencing hearing. “I was wrong."

"The reason I didn't cry at trial is because I knew I was gonna lose," he said. "I went to trial to prove I didn't do certain things. I apologize to the Frazier family and I apologize to my family. Hopefully one day y'all will forgive me. But if you don't, I understand.”

Three others were sentenced for their roles in the attack earlier this year: Laurence Hassan received an 18-year prison sentence; Cinthya Proctor, 21 years; and Brian Gaither, 32 years.

Sweet, 19, was the only one of the defendants to stand trial. He was convicted in April of first-degree premeditated murder, first-degree felony murder, kidnapping and evidence tampering in connection with Frazier's August 2010 beating death. Frazier was 18-years-old at the time she died. Her body has never been found.

At trial, 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 room.

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. Assistant U.S. Attorney Chris Kavanaugh said Thursday that other than claims that Frazier was in the room, there is no evidence she ever took the money.

Bell testified that on August 2, 2010, Sweet convinced her, Gaither and others to join him in attacking Frazier in the corner of a small bedroom in Sweet’s home. Frazier was beaten, stomped, taped, gagged and choked, before being tossed in a closet and left to die.

“What truly sets this case apart is the brutality and cruelty that was inflicted on Latisha Frazier,” Kavanaugh told the court. “This [killing] was prolonged. Everyone had the opportunity to say no.”

Later, Gaither and Antoine McCullough dragged Frazier's body to a dumpster in the 1700 block of Trenton Place Southeast. Prosecutors believe it's now in Shoosmith Landfill in Chesterfield County, Virginia.

Judge Canan said Thursday the disposal of Frazier's body was “completely inhumane and lacks any human compassion.”

“You wanted it, you initiated it and you left her in your closet to die,” Canan said. “There was such a degree of cruelty and depravity that you should be held accountable.”

Members of Frazier's family attended Sweet's sentencing Thursday. They have attended every court hearing in connection with Frazier's death. Barry Campbell, Frazier's biological father, addressed the court.

“Mr. Sweet, for what you put our family through, I will eventually forgive. But right now, it's hard to do so.”

Sentencing documents and a press release from the United States Attorney's Office are below.

District Man Sentenced to 52 Years in Prison For First-Degree Felony Murder and Other Charges
In Killing of 18-Year-Old Latisha Frazier Defendant Among Seven People Convicted in Case

WASHINGTON – Johnnie Sweet, 19, of Washington, D.C., was sentenced today to 52 years in prison for first-degree felony murder and other charges in the August 2010 kidnapping and slaying of 18-year-old Latisha Frazier, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

Sweet was found guilty by a jury in April 2013, following a trial in the Superior Court of the District of Columbia, of first-degree felony murder with aggravating circumstances; first-degree premeditated murder with aggravating circumstances; kidnapping, and tampering with physical evidence. He was sentenced by the Honorable Russell F. Canan.

According to the government’s evidence, Sweet was one of the leaders of a group of six young men and women who took part in the murder of Ms. Frazier.

Ms. Frazier vanished on Aug. 2, 2010. For months, her family relentlessly sought to find her, passing out flyers and contacting local news stations to publicize her disappearance. In late January 2011, one witness finally stepped forward and contacted the Metropolitan Police Department, revealing the truth of Ms. Frazier’s whereabouts.

On the day of her disappearance, the government’s evidence showed, Ms. Frazier had been brutally murdered by a group of six young men and women (ages 16 to 23), all of whom she believed to be her friends. The group had suspected - with little evidence - that Ms. Frazier had stolen about $900 from Sweet. Sweet recruited others and exacted a plan of revenge in which they would call her over to an apartment where they claimed to be socializing.

When Ms. Frazier arrived at the apartment in the 1700 block of Trenton Place SE, the group took her to a small bedroom where Sweet and others punched, kicked, and stomped her all over her body. Ignoring her pleas for them to stop, they bound her in duct tape, taped a pillowcase over her head so she could not scream, and shoved her in a small, dark closet. When she screamed and moaned, one of the members of the group placed her in a sleeper hold to “put her to sleep.” Later, the group discovered that she had died.

To dispose of the body, Sweet helped carry her to the bathtub, where he and his friends attempted to dismember her. That evening, Ms. Frazier’s body was thrown into a dumpster, and it is now believed to be somewhere in one or two landfills in rural Virginia.

Of a total of seven people charged with various offenses, six former co-defendants have pled guilty. They include Brian Gaither, 25, who has been sentenced to a 32-year prison term after pleading guilty to first-degree murder; Laurence Kamal Hassan, 24, who has been sentenced to 18 years in prison for second-degree murder and kidnapping; Cinthya Proctor, 21, who has been sentenced to 21 years in prison for second-degree murder, kidnapping and conspiracy to commit evidence tampering; Anneka Nelson, 19, who pled guilty to second-degree murder and kidnapping; Lanee Bell, 20, who pled guilty to kidnapping, and Antoine McCullough, 27, who pled guilty to conspiracy to commit evidence tampering. Bell, Nelson and McCullough are awaiting sentencing.

In announcing the sentence, U.S. Attorney Machen and Chief Lanier 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.

They 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, they thanked Assistant U.S. Attorneys Christopher R. Kavanaugh and Melinda Williams, who prosecuted the case.

"It wasn't supposed to go down like this," Hassan Says at Sentencing for Latisha Frazier Death

Penny Ray — Fri, 17 May 2013 18:21:47 -0400

Two of the six co-defendants in the murder of 18-year-old Latisha Frazier were sentenced by Judge William Jackson Friday: Laurence Hassan received an 18-year prison sentence; Cinthya Proctor received a 21-year sentence.

Brian Gaither was sentenced to 32 years in prison in April. The remaining co-defendants are scheduled to be sentenced later this year.

At the trial of Johnny Sweet, co-defendant Lanee Bell testified that Frazier's death was a brutal beating fueled by “peer pressure.”

Hassan said Friday that Frazier was his friend and that the beating was never supposed to result in her death.

“I extremely apologize,” Hassan said while addressing Frazier's family. “If I could change the past I would; it truly hurts. It wasn't supposed to go down like this. I really want you all to forgive me; I take full responsibility for my actions.”

On August 2, 2010, Sweet and his accomplices lured Frazier to his house where she was punched, stomped, taped, gagged and choked before being tossed in a closet where she eventually died, all because Sweet believed that she had stolen $900 from him.

Sweet, Proctor and Gaither later attempted to dismember Frazier's body but failed; it was then tossed in a dumpster in the 1700 block of Trenton Place Southeast and never found. Prosectors believe Frazier's body is now in the Shoosmith Landfill in Chesterfield County, Virginia.

Assistant U.S. Attorney Chris Kavanaugh said Friday that although the six co-defendants are equally responsible for Frazier's murder, the government “attempted to tailor sentencing to each defendant's individual acts.”

Hassan, Kavanaugh said, was involved in luring Frazier to her death and then assumed a leadership role in the disposal of her body. Before Gaither and Antoine McCullough dragged Frazier's body to a dumpster, Hassan drove around D.C. looking for a park to dump it. He never actually laid a hand on Frazier during the beating, Kavanaugh said.

In addition to punching Frazier, Proctor helped tape her hands, feet and mouth; she also helped Sweet and Gaither attempt to dismember the body, Kavanaugh told the court.

Barry Campbell, Frazier's biological father, addressed the court at sentencing and spoke of the emotional distress the family has endured.

“The loss of my daughter has been very traumatic for our entire family,” Campbell said. “We miss her laughter and all of the wonderful things we used to do together.”

Before reading the terms of his sentence, Judge Jackson said that the government had no proof that Frazier ever stole money from Sweet. Moreover, Frazier was the only one in the group to have a job, he said.

“This is one of the worst cases I have ever presided over,” Jackson said.

A press release from the U.S. Attorney's office is below.

District Man and Woman Sentenced to Prison Terms For Their Roles in Killing of 18-Year-Old Latisha Frazier Victim’s Body Was Left in a Dumpster, Never Found; Two Defendants Are Among Seven People Convicted in Case

WASHINGTON – Cinthya Proctor, 21, and Laurence Hassan, 24, were sentenced today to prison terms for second-degree murder and other charges in the August 2010 kidnapping and murder of 18-year-old Latisha Frazier, announced U.S. Attorney Ronald C. Machen Jr.

Proctor was sentenced to 21 years of incarceration on charges of second-degree murder, kidnapping and conspiracy to commit evidence tampering. Hassan was sentenced to an 18-year prison term for second-degree murder and kidnapping. Both defendants, of Washington, D.C., were sentenced in the Superior Court of the District of Columbia by the Honorable William M. Jackson. Upon completion of their prison terms, they will be placed on five years of supervised release.

Proctor, who pled guilty in July 2011, and Hassan, who pled guilty in October 2011, are among six defendants who have pled guilty to charges related to the killing. A seventh defendant was found guilty by a jury last month of first-degree felony murder and other charges.

According to the government’s evidence, Proctor and Hassan were part of a group of six young men and women who took part in the murder of Ms. Frazier.

Ms. Frazier vanished on Aug. 2, 2010. For months, her family relentlessly sought to find her, passing out flyers and contacting local news stations to publicize her disappearance. In late January 2011, one witness finally stepped forward and contacted the Metropolitan Police Department, revealing the truth of Ms. Frazier’s whereabouts.

On the day of her disappearance, the government’s evidence showed, Ms. Frazier had been brutally murdered by the group of six men and women (ages 16 to 23), all of whom she believed to be her friends. The group had suspected - with little evidence - that Ms. Frazier had stolen about $900 from one of the men, Johnnie Sweet. He recruited others and exacted a plan of revenge in which they would call her over to an apartment where they claimed to be socializing.

When Ms. Frazier arrived at the apartment in the 1700 block of Trenton Place SE, the group took her to a small bedroom where Sweet and others punched, kicked, and stomped her all over her body. Ignoring her pleas for them to stop, they bound her in duct tape, taped a pillowcase over her head so she could not scream, and shoved her in a small, dark closet. When she screamed and moaned, one of the members of the group placed her in a sleeper hold to “put her to sleep.” Later, the group discovered that she had died.

Upon learning that Ms. Frazier had died, Proctor took part in a discussion about what to do with her body. The initial plan was to 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. That evening, Ms. Frazier’s body was thrown into a dumpster, and it is now believed to be somewhere in one or two landfills in rural Virginia.

In addition to Proctor and Hassan, those pleading guilty include Brian Gaither, 25, who was sentenced in April 2013 to a 32-year prison term after pleading guilty to first-degree murder; Anneka Nelson, 18, who pled guilty to second-degree murder and kidnapping; Lanee Bell, 19, who pled guilty to kidnapping, and Antoine McCullough, 27, who pled guilty to conspiracy to commit evidence tampering. Except for Gaither, the other defendants are awaiting sentencing.

Sweet, 19, was found guilty by a jury on April 30, 2013, of first-degree felony murder with aggravating circumstances; first-degree premeditated murder with aggravating circumstances; kidnapping, and tampering with physical evidence. The Honorable Russell F. Canan scheduled sentencing for July 11, 2013. Sweet faces a mandatory minimum of 30 years and a maximum of 60 years of incarceration.

In announcing today’s sentences, 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.

They 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, they thanked Assistant U.S. Attorneys Christopher R. Kavanaugh and Melinda Williams, who prosecuted the case.

Jury Convicts Johnnie Sweet of First-Degree Murder, Kidnapping in Latisha Frazier Death

Sam Pearson — Tue, 30 Apr 2013 16:22:19 -0400

Johnnie Sweet turned down a government plea offer he found less than favorable because he said he didn't play the lead role in Latisha Frazier's brutal 2010 death.

A jury, however, disagreed.

After deliberating for about five hours, the jury found Sweet guilty of first-degree murder, kidnapping, first-degree premeditated murder and tampering with physical evidence after about five hours of deliberation. Both of the murder charges carry enhancements for "especially heinous, atrocious, or cruel" homicides.

Sweet argued that his co-defendant, Brian Gaither, was the "ringleader" on Aug. 2, 2010, when Frazier was killed at Sweet's home in a brutal beating. Sweet, Gaither, Cinthya Proctor, Lanee Bell, Laurence Hassan and Anneka Nelson attacked Frazier because Sweet believed Frazier had stolen $900 from him, prosecutors argued.

Gaither pleaded guilty last year to first-degree murder. He later tried and failed to withdraw the guilty plea; he was sentenced April 9 to 32 years in prison. Sweet's conviction at trial makes it likely he will face a sentence greater than Gaither's.

Proctor, Hassan, Bell and Nelson have all accepted plea agreements with prosecutors.

Sweet's case, the only one of the six to go to trial, featured days of testimony about Frazier's death, some of it graphic.

Neither Sweet nor Gaither testified at the trial, but jurors heard testimony from one of the young women connected to the case.

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 Aug. 2, 2010, Sweet convinced her, Gaither, and the 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."

Frazier was then 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.

Prosecutors think Frazier's body was taken to the Shoosmith Landfill in Chesterfield County, Virginia, but investigators have not been able to locate it.

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

Judge Canan is scheduled to sentence Sweet July 11 at 9:30 a.m.

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.

Johnnie Sweet's Attorney Advises Client to Accept Plea Offer in Latisha Frazier Murder

Penny Ray — Wed, 24 Apr 2013 19:18:11 -0400

As the second day of testimony began Wednesday, Johnnie Sweet rejected yet another plea overture from the government, saying that he would not agree to any deal that would require him to spend more time in prison than the man he says is most culpable for Latisha Frazier's death- Brian Gaither.

Before the jury was escorted into the courtroom Wednesday, Sweet's defense attorney, James Rudasill Jr., stated in open court that he spoke with Sweet until around 10:30 p.m. Tuesday evening in an attempt to convince him to accept the government's plea offer.

“It is my professional assessment of this case that accepting the government's plea offer is in his best interest,” Rudasill said.

Sweet is charged with first-degree murder, felony murder, kidnapping and evidence tampering in connection with the August 2010 beating death of Latisha Frazier; several co-defendants in the case have already pled guilty to murder and kidnapping. Frazier's body was never found.

The plea discussions marked the second time in as many days that trial proceedings were halted so that Sweet could state his desire to continue with the trial.

Rudasill said Wednesday that Sweet had reservations about accepting the plea because he believes that Gaither is more culpable for the murder than he is. Sweet would not agree to a plea deal requiring him to serve more time in prison than Gaither, Rudasill said. Gaither pled guilty in the case and was sentenced to 32 years in prison.

Before resuming trial, Judge Russell Canan expressed concern over the “back and forth” decisions about whether to plea or go to trial. He then asked Sweet if he wished to enter a guilty plea.

After a long pause, Sweet scratched his chin and said, “No.”

Latisha Frazier's mother, Caroline Frazier, testified Wednesday that the last day she saw her daughter was on August 1, 2010, when the family went to a Chuck E. Cheese restaurant. The next day she tried calling and sending text messages to Frazier, but there was no response. On Aug. 4, she reported Frazier missing to police.

Caroline Frazier said that from the time she realized her daughter was missing until the first suspect arrest in 2011 she handed out missing persons fliers in the neighborhood where people had last seen Latisha. One day, she saw Sweet walking in the area and she gave him a flier and asked if he had seen her daughter. Sweet said, “Nah,” and then walked away, Caroline Frazier said.

A different witness testified that in mid-August, while sitting on her porch late at night, she saw Sweet “pulling down the fliers” that Caroline Frazier had posted around the neighborhood. The witness said that Sweet “balled them up, and threw them in the trash.” The next day, Caroline Frazier put the fliers back up again; later that night, the witness saw Sweet rip them back down.

Antoine McCullough, the man who pled guilty to assisting Gaither in disposing of Frazier's body, testified Wednesday that in early August 2010 Gaither knocked on his front door and asked to speak in private. McCullough said that they spoke in the bathroom where Gaither asked if he would help remove a body from Sweet's home.

“He said he wanted to take it to the dumpster,” McCullough told the court.

McCullough said that when he arrived at Sweet's home there was a gray bin near the bathroom that contained a black plastic bag and was covered by a blanket. The bin weighed about 150 lbs, he said. McCullough testified that he never looked in the black bag, but he helped Gaither drag the bin to a dumpster in the 1700 block of Trenton Place Southeast.

"We took the entire bin and threw it over the top of the dumpster," McCullough told the court.

He later realized that the body may have been Frazier's after seeing news reports and missing person fliers. McCullough said that he never told anyone until he called detectives in early April 2011.

McCullough said that after speaking with police without an attorney, he agreed to testify in front of the grand jury and pled guilty to conspiracy tampering with physical evidence.

Assistant U.S. Attorney Chris Kavanaugh asked McCullough Wednesday why he decided to speak with police without an attorney.

"It doesn't take a lawyer to tell the truth," McCullough said.

Michael Cummings, an educator with the incarcerated youth program, testified that he taught Social Studies at the D.C. jail in May 2011 while Sweet was in custody. Cummings testified that Sweet was his student for a month, and one day Sweet asked, "If a crime was committed in D.C. and a body was found in Virginia, who would have jurisdiction?"

Cummings said that he responded, "I'll get back to you," and then emailed the MPD tip line.

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

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.