A 33-year-old Northeast Washington man, awaiting a new trial on charges of assaulting two D.C. police officers with a gun, has been arrested and charged with the Oct. 31 murder of a Southeast Washington woman.

Curtis Oesby, also known as Lawrence Oesby and Jap Stanton, was arrested Friday night in his mother's home at 65 L St., NE. He has been charged in the shooting death of Frances V. Akers, 55, of 3422 23rd St., SE., on Nov. 1.

Akers was found shot to death in the living room of her home. A medical examiner's report disclosed that she had died of single gunshot wound in the stomach, received, police said, during an apparent robbery.

Until March 29, Oesby had been serving an 11-to-40 year sentence for a 1976 conviction for assaulting two D.C. police officers while armed with a dangerous weapon.

However, the D.C. Court of Appeals overturned the conviction, saying Oesby had been denied a fair trial because of "ineffective assistance of counsel." The court ordered him a new trial.

Oesby was released from jail March 29 into the third party custody of a D.C. rehabilitation agency. He was allowed to live at home, while keeping in contact with the agency.

D.C. Superior Court Judge Alfred Burka, who sentenced Oesby in 1976, was presiding Saturday in arraignment court where Oesby was scheduled to appear on the murder charge.

"Naturally I was surprised to see his name (on the court docket)," Burka said yesterday.

Burka said he later remembered that the 1976 conviction had been overturned.

Oesby didn't appear in court Saturday. He is in D.C. General Hospital, being treated for gunshot wounds to his hand and back. He told police he received the wounds when he was recently robbed.

Despite Oesby's absence, Burka said he set a $100,000 bond because of the murder charge and three outstanding felony bench warrants.

"There was never any question that he was dangerous," Burka said.

In addition to Oesby, police arrested John E. Adams, 33, of 420 Luray Pl., NW, in connection with the murder of Akers. A woman is also being sought in connection with the murder.