Tann v. United States

Citation127 A.3d 400
Decision Date19 November 2015
Docket Number09–CF–1469,Nos. 09–CF–1438,09–CF–1482,10–CF–55,09–CF–1439,10–CF–120.,10–CF–54,09–CF–1450,09–CF–1483,s. 09–CF–1438
Parties Michael D. TANN, Lannell Cooper, Antonio Arnette, James Rushing, Saquawn Harris, and Dajuan D. Beaver, Appellants, v. UNITED STATES, Appellee.
CourtCourt of Appeals of Columbia District

127 A.3d 400

Michael D. TANN, Lannell Cooper, Antonio Arnette, James Rushing, Saquawn Harris, and Dajuan D. Beaver, Appellants,
v.
UNITED STATES, Appellee.

Nos. 09–CF–1438
10–CF–54
09–CF–1439
10–CF–55
09–CF–1450
09–CF–1469
09–CF–1482
09–CF–1483
10–CF–120.

District of Columbia Court of Appeals.

Argued March 25, 2014.
Decided Nov. 19, 2015.


127 A.3d 416

Judith A. Lovelace, for appellant Tann.

Thomas T. Heslep, Washington, DC, for appellant Cooper.

Deborah A. Persico, for appellant Arnette.

Steven R. Kiersh, Washington, DC, for appellant Rushing.

Christopher Kemmitt, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant Harris.

Stephen W. Riddell, for appellant Beaver.

Elizabeth Gabriel, Assistant United States Attorney, with whom

127 A.3d 417

Ronald C. Machen Jr., United States Attorney at the time the brief was filed, and Elizabeth Trosman, John P. Mannarino, Laura Bach, and John Giovanelli, Assistant United States Attorneys, were on the brief, for appellee.

Before GLICKMAN, BLACKBURNE–RIGSBY, and THOMPSON, Associate Judges.

PER CURIAM:

After a nine-month jury trial, the six appellants in this case were convicted of conspiracy and a string of violent crimes, including homicides, that were committed in connection with their membership in a gang known as the 22nd Street Crew. They raise numerous challenges to their convictions in these consolidated appeals. With a few exceptions, however, we affirm the judgments of the Superior Court.

In view of the length of this opinion, before commencing our discussion of the proceedings below and appellants' claims, we set forth the following table of contents as an aid to the reader.

Table of Contents
I. The Leslie Jones Murder 419
II. The Terrence Jones Murder and Richard Queen Assault 420
III. The James Taylor Murder and Bernard Mackey Assault 420
IV. The Laquanda Johnson Murder and Keisha Frost Assault 421
V. Obstruction of Justice—Witness Intimidation and Manipulation 422
VI. Procedural Developments 422
VII. Claims Concerning the Sufficiency of the Evidence 423
A. Conspiracy 423
1. Antonio Arnette 426
2. Dajuan Beaver 427
3. Lannell Cooper 427
4. Saquawn Harris 427
5. James Rushing 428
6. Michael Tann 428
B. Terrence Jones–Richard Queen Incident 430
1. Tann's Convictions: Second–Degree Murder While Armed of Terrence Jones, Armed Robbery of Richard Queen, and Possession of a Firearm During the Commission of a Crime of Violence ("PFCV") 430
2. Arnette's Convictions: Second–Degree Murder While Armed of Terrence Jones, Armed Robbery of Richard Queen, and PFCV 432
C. James Taylor–Bernard Mackey Incident 435
1. The Government's Argument 437
2. Appellant's Argument 438
3. Analysis 439
D. Beaver's Conviction: Obstruction of Justice 450
E. Beaver's Conviction: Carrying a Pistol Without a License ("CPWL") 453
F. Cooper's Conviction: Laquanda Johnson Murder Under Pinkerton 454
VIII. Procedural and Evidentiary Issues Related to the Conspiracy And Appellants' Joint Trial 456
A. Cooper's Prior Convictions 456
1. Error in Admitting Cooper's Convictions Against Tann and Arnette 457
2. Harmlessness 459
3. Admission Against Cooper 460
B. Tann's Severance Argument Unrelated to Cooper's Prior Conviction 461
C.
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