ALLEN J. LOGAN, JR., Appellant,
UNITED STATES, Appellee.
September 29, 2015
from the Superior Court of the District of Columbia
(FEL-3853-02) Hon. Rufus G. King, III, Trial Judge Hon. Neal
E. Kravitz, Motions Judge
Richard S. Stolker for appellant.
V. Geise, Assistant United States Attorney, with whom Ronald
C. Machen Jr., United States Attorney at the time the brief
was filed, and Elizabeth Trosman, John P. Mannarino, Charles
W. Cobb, and Glenn L. Kirschner, Assistant United States
Attorneys, were on the brief, for appellee.
Washington, Chief Judge, Glickman, Associate Judge, and
Belson, Senior Judge.
case came to be heard on the transcript of record and the
briefs filed, and was argued by counsel. On consideration
whereof, and as set forth in the opinion filed this date, it
is now hereby
and ADJUDGED that the judgments of conviction appealed from
are hereby affirmed.
A. Belson, Senior Judge
convicted appellant of: (1) armed burglary;(2) assault with
the intent to kill while armed; (3) aggravated assault while
armed; (4) second degree murder while armed of
Simona Druyard; and (5) first degree murder while armed of
Mika Washington. Appellant's first trial, held before
the Honorable John Bayly, ended in a mistrial. He was
convicted in his second trial, which was before Chief Judge
Rufus King. Appellant appeals his convictions and sentences,
as well as the denial of his motion to vacate sentences
brought pursuant to D.C. Code § 23-110 (2012 Repl.). For
the reasons stated below, we affirm.
government's evidence showed that appellant had entered
into an informal agreement with Amin Washington, in which
Washington promised to invest many millions of dollars into
appellant's planned restaurant/nightclub project,
Platinum World. Appellant had met Washington in February 2002
at the office of appellant's attorney, Gary Williams.
Washington had earlier told Williams that he had millions of
dollars overseas, but that there was a problem regarding its
being transferred to the United States. This claim of wealth
seemed doubtful to Williams, who had never seen any
documentation showing that it existed. It was also
inconsistent with the lifestyle of Washington, who lived with
his wife and two children in a single room in a rooming
house. Appellant discussed his plan for Platinum World with
Washington soon after they met at Williams's office, and
he secured Washington's agreement to invest millions of
dollars in the project. There were several times before June
of 2002 when they were supposed to meet and execute the
necessary documents but did not because the promised money
had not yet arrived from overseas. Finally, June 14, 2002,
was chosen as the date upon which appellant and Washington
would meet and execute the documents necessary to enable
appellant to use Washington's money, which by then was to
have arrived, to carry the plan forward. On that afternoon,
appellant received a phone call from Washington who indicated
that he was not able to provide the long-awaited funds.
Appellant became very upset and was described by his
girlfriend, Patrice McFarlane, as "crying, "
"sobbing, " and in a "rage."
appellant received the phone call, a friend, Joshua Thompson,
drove him to 1119 Montello Avenue, Northeast, where
Washington lived with his family, including his two year-old
son, Mika Washington. Appellant and Washington arrived at the
same time, and Washington's landlady, 80 year-old Simona
Druyard, let them in.
inside the house, Washington leaned over to get his
briefcase, whereupon appellant, who had worked as a barber,
grabbed him from behind and cut his throat with a sharp
object. When appellant briefly stepped away, Washington got
behind a partially-glass door. Appellant broke the glass and
wounded Washington, near his eye and on the back of his hand,
with a sharp object. Washington was then able to barricade
himself in an adjacent room whereupon appellant said
"[c]ome out or I'll kill your son." Washington,
who was panicking, in pain, and bleeding heavily, did nothing
at first. After a while, he came out to find Mika lying on
the porch floor and as he picked him up, he "was trying
to keep [Mika's] head on." Ms. Druyard was found in
the living room, her throat deeply slit. Washington also
witnessed appellant "going over the [back] gate."
Druyard died as a result of an incised wound in her neck
through her trachea and major blood vessels. Mika had a cut
across his throat, from "one ear to the other" that
cut through his air pipe, food pipe and the muscles to the
right of the spine. Immediately after the incident, appellant
called a friend, Alison Henderson, and asked for money as
well as a place to stay. He also told her that he had
"made some bad decisions."
trial, appellant sought to prove that he and Washington had
argued, that appellant had picked up Mika in order to protect
himself, and that Washington cut his son while trying to cut
appellant with a knife.
Search of Appellant's Cell Phone
about 6 p.m. on June 14, 2002, appellant was detained as the
result of police investigation into the killings, and his
cell phone was taken incident to his arrest. The following
day, June 15, 2002, a lawful search of appellant's home
was conducted pursuant to a search warrant. In the process of
conducting the search, Officer Garvey spoke to two witnesses
who stated they had observed appellant speaking on the phone
on the afternoon of the murders and that after the phone call
appellant's mood changed from being "relaxed"
to being "enraged." In light of this information,
Officer Garvey proceeded to search appellant's cell phone
for calls made, and was careful to note the information
because, he said, he was concerned the data would be lost.