D.W. v. United States (en banc)
CourtDistrict of Columbia Court of Appeals
Date FiledJuly 2, 2026
Docket19-CF-0143
JudgeOpinion for the court by Associate Judge Deahl, with whom Blackburne-Rigsby, CJ, Easterly, Howard, and Shanker, AJs, and Glickman, SJ, join. Opinion concurring in the judgment by Associate Judge McLeese; dissenting opinion by AJ Beckwith
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DISTRICT OF COLUMBIA COURT OF APPEALS
No. 19-CF-0143
D.W., APPELLANT,
V.
UNITED STATES, APPELLEE.
Appeal from the Superior Court
of the District of Columbia
(2017-CF2-014804)
(Robert A. Salerno, Judge)
(Argued en banc December 10, 2025 Decided July 2, 2026)
Jaclyn S. Frankfurt, Public Defender Service, with whom Samia Fam, Dennis
Martin, KC Bridges, Mikel-Meredith Weidman, and Victoria Hall-Palerm, Public
Defender Service, were on the briefs, for appellant.
Mark Hobel, Assistant United States Attorney, with whom Michael R.
Sherwin, Acting United States Attorney at the time the brief was filed, Matthew M.
Graves, United States Attorney at the time the supplemental brief was filed, and
Elizabeth Trosman, Suzanne Grealy Curt, Amy Joy Thomas, Chrisellen R. Kolb, and
John P. Mannarino, Assistant United States Attorneys, were on the briefs, for
appellee.
Before BLACKBURNE-RIGSBY, Chief Judge, BECKWITH, EASTERLY, MCLEESE,
DEAHL, HOWARD, and SHANKER, Associate Judges, and GLICKMAN, Senior Judge.
2
Opinion for the court by Associate Judge DEAHL, with whom BLACKBURNE-
RIGSBY, Chief Judge, EASTERLY, HOWARD, and SHANKER, Associate Judges, and
GLICKMAN, Senior Judge, join.
Opinion concurring in the judgment by Associate Judge MCLEESE at page 28.
Dissenting opinion by Associate Judge BECKWITH at page 44.
DEAHL, Associate Judge: Appellant D.W. was standing with a group of six
other people outside the Geraldine apartment complex one afternoon. The group was
hanging out near one of the complex’s breezeways, near the end of a long walkway
that ran about 100 feet to the public sidewalk in front of the complex. A police cruiser
with four officers stopped near the entrance to that walkway, and two uniformed
officers exited the car and started toward it.
Within two or three seconds, right as the officers stepped onto the walkway,
D.W. and one of the other men in the group saw the approaching officers and took
off running. The officers chased D.W. for about a minute, following him through a
parking lot, down an alley, and through a nearby home’s rear and side yard to a tall
chain-link fence that D.W. scaled. The initially pursuing officers gave up the chase
at that point, but a different officer jumped the fence after D.W. and managed to grab
his leg as he was trying to hop over a second tall fence. D.W. dropped a gun as he
was being apprehended. D.W. was charged with several firearm-related offenses
and, after the trial court denied his motion to suppress the gun, he was convicted of
all counts at a stipulated trial. D.W. appealed his convictions, and a panel of this
3
court vacated them on the grounds that officers lacked reasonable suspicion to seize
D.W. See D.W. v. United States, 339 A.3d 175, 182-83 (D.C. 2025). This court sua
sponte granted en banc rehearing and vacated that opinion. D.W. v. United States,
341 A.3d 27, 27 (D.C. 2025).
We now hold that the officers had the requisite reasonable articulable
suspicion to justify their seizure of D.W. when they grabbed his leg. We reach that
conclusion largely because D.W. ran upon the mere sight of police officers
approaching from a substantial distance, with little indication that they were intent
on stopping, searching, or even questioning him in particular. D.W. had not been
singled out in any way and, to that point, had little reason to think he could not
simply go about his business. The desperation of D.W.’s flight, in which he scaled
two tall fences, and the testimony that at least “five to ten” “violent crimes” occur
per year at this particular apartment complex further supports our conclusion.
Considering those circumstances in their totality, we conclude that D.W.’s seizure
was supported by reasonable articulable suspicion, so that the trial court correctly
denied his suppression motion. We thus affirm D.W.’s convictions.
I. Background
One August afternoon, several uniformed officers in the Metropolitan Police
Department’s Crime Suppression Team drove to the Geraldine apartment complex
4
in Southeast D.C. on “routine patrol” as part of their “normal, everyday operations.”
The officers were not responding to a specific call or report of criminal activity.
They were there “just to check the area” for “any type of illegal activity,” as they
had done before on numerous occasions, believing the Geraldine to be a “high-crime
area.” A police cruiser with four officers in it stopped at the entrance of a long
walkway that ran from the sidewalk to the entrances of three apartment buildings in
the complex. The walkway also led to a breezeway—a passageway through two of
those buildings—that was a bit past those building entrances. D.W. was hanging out
with six other individuals near that breezeway. There did not appear to be any other
people outside in that part of the complex. Officers Dmitry Gendelman and John
Bewley exited the car and approached the walkway.
Below is a screenshot from Officer Gendelman’s body worn camera footage
just before D.W. and another man broke off from the group and sprinted away from
the officers. To highlight a few details, two of which come into clearer focus as the
video progresses: (1) Bewley is in the forefront of the footage a few feet from the
walkway; (2) one entrance to the apartment buildings is to the left of the walkway
about halfway up, a second is straight ahead, and a third is to the right, though it is
obscured by some bushes here; and (3) several individuals are gathered near the
breezeway, which is to the left of the entrance that is straight ahead, though they are
barely visible in this screenshot. Gendelman is about 100 feet from the breezeway at
5
this point in our estimation, see infra note 3, though there was no finding about the
precise distance in the record aside from testimony that the officers were “pretty far
away.” D.W., 339 A.3d at 178.
Within about a second of the above—as the officers stepped onto the
walkway—D.W. and an otherwise unidentified man in a blue shirt took off running
through the breezeway, with D.W. running at a “full sprint.” The two officers ran
after the men. As the officers approached the breezeway, four of the five people who
remained did not react in any noticeable way, but one man lifted his shirt as if to
show that he had nothing in his waistband. The officers ran by that group and through
the breezeway, then chased the fleeing men through a small parking lot, down an
6
alley, and through the rear and side yard of a nearby home. D.W. effectively eluded
Gendelman and Bewley after about forty-five seconds when he jumped a tall chain-
link fence that was about six feet high.
At that point, Officers Gendelman and Bewley both turned their attention to
the man in the blue shirt, who had stopped running near the front door of a nearby
house and put his hands up as the officers apprehended him. Gendelman handcuffed
the man, lifted his shirt, patted down his “crotch area” for weapons, and left him
handcuffed in public view as officers canvassed the area for any discarded
contraband. That man was ultimately released after officers apparently found
nothing incriminating on him or in his flight path.
Turning back to D.W.: While he escaped Gendelman and Bewley by scaling
a tall chain-link fence, a third officer on the scene, Krishaon Ewing, was not so easily
evaded. Ewing had arrived at the complex in a second cruiser parked outside the
view of those in the breezeway. After hearing calls about the ongoing chase, Ewing
ran through the complex and got close to D.W. just after he climbed over the first
tall fence. Ewing then likewise scaled the fence and chased D.W. for another fifteen
seconds or so until D.W. tried to scale a second tall fence. Ewing grabbed D.W.’s
right leg as he reached the top of that fence and repeatedly shouted “Stop” and “I’m
not letting go,” at which point D.W.’s pants got snagged on the fence. Ewing then
7
saw D.W. pull out a firearm from his pants and drop it on the ground. Several other
officers caught up to the pair within seconds, helped dislodge and apprehend D.W.,
and recovered the firearm that D.W. dropped.
At the suppression hearing, Officers Bewley and Ewing testified to the above
facts and to their views that the Geraldine complex was a “high-crime area.” Bewley
did not know exactly how many violent crimes had occurred at the complex in the
previous year or two but agreed it was “common knowledge” among MPD officers
that it was a high-crime area, which he described as an area where “five to ten” or
more “violent crimes” occur per year. According to Bewley, the complex was
“known for drug trafficking, drug sales and gun violence,” and he had personally
responded to reports of homicides and assault with a dangerous weapon there. When
asked if he would consider the Geraldine a high-crime area if “hypothetically” there
were only “four violent crimes” there in the past year, Bewley said “[n]o.”
Bewley also testified that he had performed searches of men at the complex
before and that those searches typically involved checking their “crotch area” in the
same manner that Gendelman had searched the man in the blue shirt before releasing
him. Bewley further agreed that suspects who are stopped might be handcuffed and
detained in plain view of the public, as the man in the blue shirt was, and forced to
wait there for “possibly” thirty minutes, and “quite possibly” an hour or more if
8
that’s how long it took to complete a sweep of the surrounding area. Bewley also
agreed it was “typical for some men” to put their arms out in a T-shape or lift their
shirts when officers approach them at the Geraldine.
As for Ewing, he had made “a lot of arrests” and recovered “numerous”
firearms and narcotics at the complex in the past, and he said it had a “reputation”
as a high-crime area, which he described as an area where officers “consistently do
drug busts . . . [and] recover firearms” and where “multiple shootings and stabbings
have occurred.” Like Bewley, Ewing had seen people at the Geraldine lift their shirts
to expose their waistbands in response to approaching officers before, though he
would not venture a guess about how many times he had seen that behavior. While
he testified that there were some generic “complaints” about “drug activity” in front
of the complex, he did not know if there were any complaints on the day D.W. was
arrested.
According to Ewing, when he first arrived at the complex, he began speaking
to people mingling outside about those generic complaints. As depicted in Ewing’s
body worn camera footage, which initially captured no audio, three people in the
area where he arrived simply went about their business with no apparent reaction to
him. Ewing then approached another group of four people a bit further down the
block. One man in that second group, after some verbal exchange with Ewing, put
9
his arms straight out to his sides (forming a T-shape) just as Ewing’s camera began
capturing audio. The audio picks up as Ewing says “I’m gonna check and make sure
alright,” suggesting that Ewing had just asked if the man had any weapons on him,
and the man had answered in the negative while holding his arms out to submit to a
patdown search. Within a second, before Ewing could conduct that search, Ewing
heard another officer’s calls indicating there was a chase in the back of the complex.
Ewing took off running toward it and eventually caught D.W., as described above. 1
After hearing the testimony and reviewing the body worn camera footage, the
trial court denied D.W.’s motion to suppress, calling it a “very close case.” The court
found that D.W. was seized when Officer Ewing grabbed his leg, so that the relevant
question was whether officers had reasonable articulable suspicion to seize him at
that point. The court found that the officers had that requisite suspicion, stressing
three factors: (1) D.W.’s “immediate and headlong” flight upon the “mere sight of
police”; (2) the fact that his flight was “sustained over a distance” with D.W.
1
D.W. presented one witness of his own at the suppression hearing—a
defense investigator. She testified that, based on public crime data, there had been
no homicides within 1,000 feet of the Geraldine in the year before D.W.’s arrest, and
there had been only one homicide—a stabbing—in the previous three years. The
investigator focused her search exclusively on homicides near the Geraldine,
however, and she did not look up any information about the prevalence of other
violent crimes, gun arrests, or drug offenses at or near the complex, so the trial court
found her testimony was of little import.
10
“jumping fences along the way in an apparent desperation to escape”; and (3) the
officers’ testimony about the Geraldine being a “high-crime area.”
The trial court denied D.W.’s suppression motion and convicted him of all
counts at a stipulated trial. He now appeals those convictions, challenging the denial
of his suppression motion.
II. Analysis
The only issue in this case is whether the officers had reasonable articulable
suspicion to seize D.W. when Officer Ewing grabbed his leg. We review that
question de novo and defer to the trial court’s factual findings unless they are clearly
erroneous, though our review of the record is not limited to the trial court’s express
findings. See Mayo v. United States, 315 A.3d 606, 616-17 (D.C. 2024) (en banc).
That is, in addition to those findings, we may “examine[] other record evidence
presented at a suppression hearing to determine whether the government proved that
a defendant’s constitutional rights were not violated.” Id. at 617.
Police officers may lawfully stop a person under the Fourth Amendment if
they have “reasonable suspicion supported by specific and articulable facts that the
individual is involved in criminal activity.” Id. at 620 (quoting Golden v. United
States, 248 A.3d 925, 933 (D.C. 2021)). Although reasonable articulable suspicion
11
requires “considerably less than proof of wrongdoing by a preponderance of the
evidence,” id. (quoting Kansas v. Glover, 589 U.S. 376, 380 (2020)), officers must
articulate more than an “inchoate and unparticularized suspicion or hunch of
criminal activity,” Illinois v. Wardlow, 528 U.S. 119, 123-24 (2000) (quoting Terry
v. Ohio, 392 U.S. 1, 27 (1968)). Reasonable suspicion is based on the totality of the
facts available to the officers at the moment of the seizure. Mayo, 315 A.3d at 620
(citing Terry, 392 U.S. at 21-22). When assessing the totality of the circumstances,
we are required “to consider ‘the whole picture,’” cognizant that “the whole is often
greater than the sum of its parts—especially when the parts are viewed in isolation.”
District of Columbia v. R.W., 146 S. Ct. 1069, 1072-73 (2026) (per curiam) (quoting
District of Columbia v. Wesby, 583 U.S. 48, 60-61 (2018)).
We agree with the trial court that three factors, when taken together, provided
officers with the reasonable articulable suspicion necessary to justify their seizure of
D.W. They are: (1) D.W.’s headlong flight upon the mere sight of officers headed in
his general direction from a substantial distance, with no indication that they were
focused on him in particular or that he would not be allowed to go about his business;
(2) the officers’ testimony about criminal activity at the Geraldine complex; and
(3) the desperation evinced by D.W.’s protracted and somewhat treacherous flight,
including his successful jumping of one tall fence and thwarted scaling of another.
12
The first factor does the heavy lifting in our analysis, while we accord substantially
less weight to the other two factors.
Before fleshing out the importance of those factors, and the counterpoints that
D.W. offers, we first provide a primer on this court’s recent en banc opinion in Mayo.
The parties agree that Mayo is central to this appeal.
A. Mayo v. United States
D.W.’s principal argument is that “Mayo requires reversal” of his convictions
because it established that headlong flight in an area that officers generically
describe as “high crime” cannot, without more, provide reasonable articulable
suspicion for a seizure. That is too sweeping a reading of Mayo, which repeatedly
stressed that the “context” of the flight weighs heavily in assessing how
incriminating it is, Mayo, 315 A.3d at 612, 623, 625-27, 634, as we will further
explain below.
In Mayo, three officers in MPD’s Gun Recovery Unit, or GRU, pulled their
unmarked vehicle into an alley in the Kenilworth neighborhood, where a group of at
least five people were hanging out. Id. at 612-13. As with the present case, the
officers were not responding to any report of criminal activity and did not see any
criminal activity afoot. Id. at 613. At least one of the officers, while still sitting in
13
his vehicle, immediately focused his attention on Mayo, who had “disengaged” from
the core group and begun talking “with a man in a wheelchair” nearby as the officers
pulled their vehicle up. Id. While Mayo had his back to the officers so that they
“could not actually observe Mr. Mayo’s hands,” Mayo’s arm movements suggested
his “hands were moving somewhere in front of him near the waistband level.” Id. at
623-24. That raised the officers’ suspicions. The three officers then exited their car
as the entire group casually dispersed in reaction to their presence. Id. at 614, 622.
Upon exiting their car, the three officers immediately “singled Mr. Mayo out
from the already-dispersed group,” with two officers walking directly toward Mayo,
and the third officer walking parallel to him in a flanking maneuver. Id. at 628
(describing “two officers directly behind Mr. Mayo and another taking a parallel
path”). Mayo walked away from the officers at first, just as the other individuals in
the alley had done. Id. at 613, 628. Undeterred, the officers “closed in on him” and
said: “Hey, we just want to talk. We just want to talk to you. Do you have any guns?”
Id. at 628. At that point, Mayo ran away from the converging officers and one of the
officers leapt at him and “managed to trip up one of Mr. Mayo’s feet,” which
constituted the relevant seizure in need of justification in Mayo. Id. at 613.
In analyzing the extent to which those facts contributed to reasonable
articulable suspicion, we stressed that flight’s incriminating weight “depends on
14
context.” Id. at 626; see also id. at 627 (“[W]e consider to what degree Mr. Mayo’s
flight, considered in context, could have been reasonably interpreted by the officers
as consciousness of guilt.”). The relevant context in Mayo was that, just prior to
Mayo’s flight, the “officers took a series of actions that they should have reasonably
understood to communicate to a person in Mr. Mayo’s position that they planned to
stop him” with no legal justification for doing so, despite his initial attempt to simply
walk away. Id. at 628. That context severely mitigated any consciousness of guilt
that could have been inferred from Mayo’s flight. See id. at 627-28. And the fact that
Mayo had initially walked away from officers likewise did not “significantly bolster
the government’s showing of articulable suspicion” because that was merely an
attempt by Mayo “to exercise his right not to participate in an encounter with police
officers.” Id. at 622 (quoting Bennett v. United States, 26 A.3d 745, 753 (D.C.
2011)); see also Brown v. United States, 590 A.2d 1008, 1019 (D.C. 1991) (“Citizens
have no legal obligation to talk to the police.”).
We further explained that those facts were “nothing like” the facts in
Wardlow, where the Supreme Court held there was reasonable articulable suspicion
to seize a fleeing suspect after he “took one look at police officers” driving by him
in a police caravan “and ran.” Mayo, 315 A.3d at 627-28 (discussing Wardlow, 528
U.S. at 121-22). Mayo stressed that “[f]light is not merely a box that, once checked,
automatically justifies a stop.” Id. at 625 (quoting Posey v. United States, 201 A.3d
15
1198, 1204 (D.C. 2019)); see also id. (“[F]light cannot imply consciousness of guilt
in all cases.” (quoting Miles v. United States, 181 A.3d 633, 641 (D.C. 2018))).
Unlike in Wardlow, where the officers did not seem to be focused or converging on
Wardlow before he fled, the officers in Mayo “had communicated [to Mayo] that
they specifically suspected him,” without sufficient basis, “of criminal activity and
were targeting him for investigation” prior to his flight, thereby substantially
reducing the incriminating value of his flight in the reasonable suspicion calculus.
Id. at 632.
In Mayo, we also reaffirmed “that locational evidence about criminal activity
presented by the government can be a relevant consideration” in the reasonable
suspicion calculus. Id. At the same time, we hastened to “disavow the unhelpful
‘high-crime area’ label” that had permeated our cases, id., explaining that such
“bare” and “conclusory” labels were too generic to be afforded any real weight. Id.
at 634. We instead explained that “the value of general locational crime information
in interpreting potentially suspicious conduct will be a fact-intensive inquiry” that
turns on “the quality and specificity of the information, with particular focus on the
recency, frequency, and geographic proximity of the relevant criminal activity.” Id.
at 635. The only specific locational evidence offered in Mayo was an officer’s
testimony that his unit had recovered “over 10 guns” in the previous three years in
the “Kenilworth area,” a neighborhood “of unknown boundaries.” Id. at 636. That
16
“weak tea,” as we described it, was not “sufficiently specific or well-grounded to
place Mr. Mayo’s innocuous conduct in a different light or make his flight more
indicative of consciousness of guilt.” Id.
Based on that totality of circumstances considered “collectively,” id. at 622,
637, we concluded that officers did not have reasonable articulable suspicion to seize
Mayo given (1) the circumstances of his flight, which was prompted by the officers’
seeming disregard of his attempt to simply walk away from them; and (2) the weak
general locational crime testimony. Id. at 637.
B. The Present Case
We reaffirm the principles articulated by this court in Mayo, 2 and now turn to
the application of those principles to the present case. We first assess the relevant
2
Our concurring colleague, who was the lone dissenter in Mayo, incorrectly
asserts that this court in Mayo utilized a “divide-and-conquer” approach “rather than
considering factors collectively.” Post at 29-30 (McLeese, J., concurring in the
judgment). And because the Supreme Court recently reaffirmed the longstanding
principle that pertinent factors must be viewed collectively when conducting Fourth
Amendment analyses, see R.W., 146 S. Ct. at 1072-73, our colleague argues that we
“should be reconsidering Mayo rather than reaffirming it,” post at 30. This critique
is unfounded, as our dissenting colleague persuasively explains. See post at 44-49
(Beckwith, J., dissenting). The court in Mayo expressly and substantively considered
the totality of circumstances “collectively,” including the flight and the particular
details of the “general location[al] crime evidence presented by the government”
“taken together” with the other pertinent factors. Mayo, 315 A.3d at 622, 637. We
did not impose any “threshold requirement” for weighing any factor in the
reasonable articulable suspicion calculus, as the concurrence posits, post at 31-32,
17
context of D.W.’s flight, which is quite different from that in Mayo, and far more
analogous to the context that justified a seizure in Wardlow. We then consider the
locational crime evidence and the desperate nature of Mayo’s flight, though we
accord substantially less weight to those factors.
Unlike in Mayo, officers had not singled D.W. out before he ran away, nor
was it obvious upon their arrival that they were even particularly interested in the
group that D.W. was a part of. When D.W. took off sprinting through the breezeway,
Officers Gendelman and Bewley had just arrived on the scene and were about 100
feet away from him as they started up the walkway that led both to the breezeway
aside from requiring that the evidence be “relevant” and “nonconclusory.” Id. at 632-
34 (rejecting the bare “high-crime area” label because it invites a non-fact-specific
analysis). Those are requirements that R.W. itself reiterated. 146 S. Ct. at 1071
(requiring a “‘particularized and objective basis’” for suspecting criminal
wrongdoing (quoting United States v. Arvizu, 534 U.S. 266, 273 (2002) (emphasis
added))). We instead explained why, under the particular circumstances in Mayo, we
attached little weight to the incriminating force of the flight and general locational
crime evidence both as standalone factors and when viewed in combination with the
totality of other circumstances. Our concurring colleague “do[es] not object to courts
initially considering the general significance of individual factors before considering
the totality of the circumstances,” post at 34, and while those individual factors will
“often [be] greater than the sum of [their] parts,” R.W., 146 S. Ct. at 1072, that is not
invariably so. An insignificant standalone factor, like the paltry evidence of
Kenilworth being a “high-crime area” in Mayo, might be just as insignificant when
considered alongside other factors. This court simply did not engage in the sort of
“divide-and-conquer” approach that our concurring colleague now alleges in
perceiving a conflict between the Mayo and R.W. opinions. Mayo already steadfastly
adhered to the principles since reaffirmed in R.W., so that R.W. provides no occasion
to reexamine Mayo’s analysis.
18
and to the entrances of three buildings in the complex. 3 They did not yell toward,
point at, or otherwise signal to the group that they were coming for them. For all
D.W. knew, those officers were going to one of the three apartment building
entrances that were closer to the officers than he was, perhaps in response to a
domestic dispute or other call.
In other words, while the facts in Mayo looked “nothing like” Wardlow, id. at
627, 4 the facts here look an awful lot like Wardlow, in which the court opined that
“[h]eadlong flight—wherever it occurs—is the consummate act of evasion.” 528
U.S. at 124. The Supreme Court recently reiterated the point, noting that
“‘unprovoked flight upon noticing the police . . . . is certainly suggestive’ of
3
The division more modestly estimated that D.W. was “over fifty feet” away
from the officers. D.W., 339 A.3d at 178. While that is certainly true, it is also safe
to say the officers were closer to 100 feet away even on a conservative estimate. A
Google Maps overlay of the Geraldine complex and its accompanying scale are
available here: https://perma.cc/DZ99-FRDY?type=image. They show that the
walkway from the sidewalk to the building straight ahead, even before the left turn
to the breezeway, is about 100 feet long. See Pahls v. Thomas, 718 F.3d 1210, 1216
n.1 (10th Cir. 2013) (taking “judicial notice of a Google map” and its estimated
distance between two points as a “source[ ] whose accuracy cannot reasonably be
questioned” (alteration in original) (quoting Fed. R. Evid. 201(b)); Reed v. State, 595
S.W.3d 391, 395 (Ark. Ct. App. 2020) (collecting cases and noting that “there seems
to be an emerging consensus that courts can use Google Maps to establish the
distance between two geographic points”).
4
One member of this majority did not participate in Mayo, and he doubts the
court reached the right result after applying the relevant legal principles to the facts
of that case. See D.W., 339 A.3d at 186 (Glickman, J., concurring dubitante).
19
wrongdoing.” R.W., 146 S. Ct. at 1072 (quoting Wardlow, 528 U.S. at 124). Here,
D.W. “took one look at police officers” who were at a considerable distance from
his group “and ran” before they had indicated any particular focus on him. See Mayo,
315 A.3d at 627-28 (discussing Wardlow, 528 U.S. at 121-22). So in contrast to
Mayo’s flight, D.W.’s headlong flight could far more “reasonably [have been]
interpreted by the officers as consciousness of guilt.” Id. at 627.
We note two other factors that add some further support for the stop, though
we attach significantly less weight to them: (1) the general locational crime evidence
here was more particularized than it was in Mayo, both in its detail and in its
geographical focus on this particular apartment complex (though it was still
somewhat vague); and (2) D.W.’s protracted and treacherous flight evinced far more
desperation than Mayo’s brief dash away from converging officers before he was
seized.
On the first point, we agree with D.W. that the officers’ testimony that the
Geraldine had a “reputation” as a high-crime area and was “known” for drug- and
gun-related crimes should be given little to no weight. Those observations are on par
with the bare and conclusory “high-crime” descriptors that we gave no weight to in
Mayo. But there was quite a bit more here, and it was far more particularized to the
Geraldine complex itself rather than to a boundary-less neighborhood, as in Mayo:
20
(1) Bewley testified that he had personally responded to reports at the Geraldine of
“homicides, assault with dangerous weapon, guns, [and] knives”; (2) Bewley
explained, when opining that the Geraldine is a high-crime area, that what he meant
by that is it was an area where at least “five to ten” “violent crimes” occur per year;
(3) Ewing had personally responded to complaints from residents about drug activity
in front of the Geraldine; and (4) Ewing had recovered “numerous firearms [and]
narcotics” and made “a lot of arrests” for firearms and narcotics at the complex. The
officers did not offer any hard statistics to back up these assertions, which certainly
could have added to their weight. But this testimony is still markedly stronger than
the cryptic testimony in Mayo that “over 10 guns” were recovered in the boundary-
less “Kenilworth area” across a three-year period. Id. at 636. It has at least some
slight weight in the reasonable suspicion calculus, in our view.
On the second point, the desperation evinced by D.W.’s flight also adds some
slight support in favor of the officers having reasonable suspicion for a seizure.
Recall that D.W. led officers on an extended chase for approximately a minute in
and around the Geraldine complex—through a parking lot, down an alley, through a
yard, over a tall fence, and halfway over a second fence. That D.W. “went to such
lengths” to escape the police made it even more reasonable for officers to infer that
he was running not because of “mere fear” or an “ordinary desire to avoid police
contact,” but rather because of consciousness of guilt. See Miles, 181 A.3d at 644
21
(citing Dalton v. United States, 58 A.3d 1005, 1013 (D.C. 2013)); see also Duhart
v. United States, 589 A.2d 895, 900 (D.C. 1991) (“[T]he circumstances of the
suspect’s efforts to avoid the police must be such as [to] permit a rational conclusion
that flight indicated a consciousness of guilt.” (quoting In re D.J., 532 A.2d 138, 141
(D.C. 1987))).
We do not mean to overstate the point. If you are going to run away from the
police in the first place—which an innocent person might do for “myriad reasons,”
Miles, 181 A.3d at 641—you are in some sense in for a penny, in for a pound, and
will likely go to some lengths to get away. But the stakes of failing to escape surely
inform how far you are willing to go. To illustrate the point, if a suspect flees across
a heavily trafficked highway with speeding cars brushing just past him, there is far
more reason to think he is seeking to evade arrest for a serious crime, rather than to
avoid the considerable indignities of a brief stop and search. While scaling tall fences
over the course of a protracted chase is not nearly so perilous as that, it does evince
some desperation that, in our view, lends context and weight to the incriminating
nature of D.W.’s flight. See Dalton, 58 A.3d at 1012-13 (concluding that the police
had reasonable articulable suspicion to stop Dalton where, in addition to his
unprovoked flight upon “noticing” the officers, he “abandoned his bicycle in a traffic
lane and fled on foot onto the nearby sidewalk”).
22
Considering (1) that D.W. fled immediately upon the mere sight of
approaching officers, (2) the somewhat detailed and geographically particularized
testimony about persistent crime at the Geraldine complex, and (3) the desperation
evinced by the nature of D.W.’s flight, we conclude that officers had reasonable
articulable suspicion to seize D.W. at the time Ewing grabbed his leg.
C. D.W.’s and the Dissent’s Counterpoints
D.W. and our dissenting colleague nonetheless implore us to consider the
officers’ frequent patrols at the Geraldine and the fact that some individuals there
seemed conditioned to submit to the mere approach of officers. D.W. stresses that
(1) both Bewley and Ewing agreed it was “typical” for some people at the complex
to open their arms out in a T-shape or lift their shirts in response to officers;
(2) Ewing said he had searched and chased people at the Geraldine before;
(3) Bewley said he had searched the “crotch area” of some people before; and
(4) Bewley agreed it was typical to handcuff suspects in public view for extended
periods as officers canvassed the surrounding area. Those serious indignities visited
upon at least some seemingly innocent people, D.W. argues, severely mitigate the
incriminating weight one can reasonably attribute to his flight.
We take the point for what it is worth, but we are not convinced on this record
that officers had engaged in such systemic provocation at the Geraldine that they
23
should have understood D.W.’s flight as more consistent with the “apprehensiveness
that would naturally be felt” by someone in his shoes than with consciousness of
guilt. Mayo, 315 A.3d at 632 (quoting Dozier v. United States, 220 A.3d 933, 942
(D.C. 2019)). Unlike the GRU in Mayo, there was no testimony that the Crime
Suppression Team had a broadly known reputation for using aggressive tactics or
was specifically known among Geraldine residents for using those tactics, see id. at
631 (noting the GRU’s “reputation” and the trial court’s findings that Mayo’s group
“knew” about the GRU), and we cannot infer such widespread abuse on the record
before us. While our dissenting colleague asserts there was “undisputed evidence”
that the Crime Suppression Team employed what she views as “aggressive” police
tactics at the Geraldine, post at 50, in fact no witness—only our colleague—
described their tactics that way. That is unsurprising given that the defense did not
present any witnesses of its own to testify about the policing methods used at the
Geraldine, or the residents’ reactions to them. That record comes strictly from
Officers Ewing and Bewley, who described heavy policing in an area that seemed to
call for it—that is, a heavy police presence at a distinct complex that was rife with
crime, with the frequent patrols regularly yielding arrests for serious crimes. 5
5
The defense did present an investigator who testified about the prevalence
of homicides near the Geraldine in the three years before D.W.’s arrest. But that
investigator rather curiously—one might say conspicuously—searched only for data
24
D.W. and our dissenting colleague counter that three of the other thirteen
people outside the Geraldine that day—twelve Black males and one Black female—
responded to the officers’ approach in a manner suggesting that people at the
Geraldine regularly experienced aggressive policing: (1) one man by the breezeway
lifted his shirt as Bewley and Gendelman ran past him after D.W. (four men in that
area had no obvious reaction to the officers’ approach); (2) the “man in the blue
shirt” also fled through the breezeway just as D.W. had, despite officers recovering
no guns or drugs on him or in his flight path; and (3) one man placed his arms in a
T-shape after some unknown verbal exchange as Ewing approached him (five men
and one woman in Ewing’s vicinity had no obvious reaction to his approach).
That is surely some evidence that police had used heavy-handed tactics at the
Geraldine, or in policing the District’s Black residents more generally. See Dozier,
220 A.3d at 944 (noting that Black individuals might have a “particularly justified”
fear of police that can mitigate the incriminating weight of their flight). We agree in
principle with our dissenting colleague that this at least slightly mitigates the
incriminating nature of D.W.’s flight, but it does not drag the totality of
circumstances below the reasonable suspicion bar. Notably, the significant majority
of people at the Geraldine just went about their business when the officers
on homicides in that area, and offered no testimony about other violent crimes or the
frequency of arrests for illegal guns and drugs in the area.
25
approached, in contrast to Mayo, where everybody in the area dispersed upon the
GRU’s arrival. See 315 A.3d at 622. As for the one other person who fled—the man
in the blue shirt—while it appears that no incriminating evidence was found on him
or in his flight path, that does not mean he was “innocent,” as our dissenting
colleague declares. Post at 50. He did not testify as to his innocence, nor did anybody
else, and we cannot entirely discount the possibilit