Judge Sentences Defendant to 2 Years of Probation

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A DC Superior Court judge sentenced a defendant to 14 months in jail, all of which was suspended, plus two years of unsupervised probation.

David Blake, who is also known as David Smith, pleaded guilty to the attempted robbery of two business establishments on Jan. 10.

The prosecution requested that Blake, 53, receive 28 months in jail, citing the violent nature of the offenses and previous noncompliance with the High Intensity Supervision Program (HISP) during his pretrial release.

Defense attorney Rachel Cicurel recommended a suspended sentence of 14 months. 

Cicurel said her client suffers from chronic pneumonia, as well as a number of other respiratory issues, and would be at a great risk in jail due to the COVID-19 pandemic. 

She said Blake has been a heroin addict for three decades, and was in the midst of a very severe relapse at the time of the offenses.

Cicurel said her client was so under the influence during the offenses that he was not aware of what he was doing. She said he has no memory of the incident and was horrified by the video surveillance he saw.

“I’m sorry that I got myself caught up in all of this stuff,” said Blake.

Judge John Campbell adopted the defense’s sentencing request. He said there was no evidence that the defendant had taken part in drug activity during his pretrial release.

As conditions of his probation, Blake must stay away from the locations the incidents occurred. He must also receive drug testing and treatment as recommended by the Court Services and Offender Supervision Agency (CSOSA.)

Judge Campbell ordered the defendant to participate in mental health counseling and treatment programs. 

Finally, he must pay $200 to the Victims of Violent Crimes Act fund.

“I believe you’ve been working hard on your situation for the last four months,” said Judge Campbell. “This is a break for you.”

Around 8:48 a.m., Blake entered a CVS pharmacy on the 300 block of 40th Street, NE and demanded money, telling the cashier “don’t make me have to shoot you,” according to court documents.  

Within the next hour, the defendant robbed a restaurant on the 3800 block of Minnesota Avenue, NE. 

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