Suspect in DC drive-by shooting pleads guilty to murders, agrees to testify for government

By Nafeesa Syeed, AP
Thursday, April 29, 2010

Suspect in fatal DC drive-by shooting admits guilt

WASHINGTON — Just four weeks after one of the deadliest shootings the nation’s capital has experienced in years, one of the suspects kept his head up but his voice low Thursday as he accepted responsibility in the slayings.

Nathaniel Simms, 26, pleaded guilty in D.C. Superior Court to five counts of second-degree murder while armed and two counts of conspiracy to commit murder. Simms admitted playing a role in three shootings over March 22 and March 30 that killed five people in southeast Washington.

The slim Simms stood before Judge Michael L. Rankin, saying “Yes, sir” and “Yes, your honor” as the judge asked him if he comprehended the charges and what he was giving up by pleading guilty.

“I accept the agreement, your honor,” Simms said.

Prosecutors charged Simms through an information because he waived having a grand jury indictment. He originally faced three counts of first-degree murder while armed. First degree murder is premeditated.

Assistant U.S. Attorney Michael Brittin described how Simms took part in violent retaliation that began over a missing gold-colored bracelet that belonged to Sanquan Carter.

The first attack, Brittin said, came in a March 22 shooting that killed Jordan Howe, 19, and injured two others. Brittin said Simms drove the getaway car after the shooting. The next day, Carter was arrested in the incident and his brother, Orlando Carter, was shot and injured. Police have not caught a suspect in that shooting.

Brittin said Simms went along with Orlando Carter’s plan for “violent revenge” targeting Howe’s friends. That included the March 30 attempted robbery and slaying of 17-year-old Tavon Nelson, who had a gun that Carter wanted. Although Simms was again in the car and did not pull the trigger, he agreed to plead guilty in Nelson’s murder.

The group then headed to South Capitol Street in a rented minivan and donned “ninja-type masks” before “intentionally and indiscriminately” opening fire at friends of Howe who had returned from his funeral, Brittin said. This time, Simms leaned out the window and shot at the crowd with an AK-47. Three people were killed and five were injured.

A chaotic police chase followed, during which Simms threw the gun from the van. Simms and Orlando Carter were arrested that night.

Before hearing Simms reply “guilty” to each of the five deaths, Rankin said he was satisfied that Simms had put enough thought into the agreement.

“I believe you understand the consequences of what you’re doing,” Rankin said.

Simms’ attorney, James Williams, told the judge that his client is a cooperating witness with the government and asked if Simms could wear a hood out of safety concerns. But Rankin did not allow it.

Speaking after the hearing, Williams said Simms received threatening notes at the D.C. jail and has been moved to another facility. Williams said he’s concerned about his client because police still have not found who shot Orlando Carter and there might be others seeking retaliation.

Three other men also have been charged recently in the shootings and Howe’s death: Robert Bost, Lamar J. Williams and Jeffrey Best. Sanquan Carter faces murder charges in Howe’s slaying.

Williams said the tears Simms shed during the hearing reflect his client’s “tremendous amount of remorse,” which motivated him to enter the plea.

“He wants to make peace with his God and his family and the other people affected by this,” Williams said. “It’s a tough pill to swallow to stand up there and plead guilty to five homicides.”

Ken Wainstein, former U.S. Attorney in Washington, said Thursday that the relatively quick guilty plea is indicative of strong investigative and prosecutorial work.

Orlando Carter faces murder charges in the slayings of Howe and Nelson and the deadly March 30 drive-by, which police called the worst shooting in the city in at least 16 years.

Simms faces up to life in prison on the murder charges and up to 30 years in prison for both conspiracy charges as well as fines. A status hearing is set for August 31.

Several victims’ family members watched as Simms entered his plea. Howe’s mother, Diane Howe, said the proceeding made her feel sad and sick, but she’s glad Simms came forward.

“I’m glad for them to get the truth,” she said. “He’s stepping forward and helping us with the case. We’ll get justice.”

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