Family Gives Emotional Victim Impact Statements Before Sentencing In Homicide Case

By Hunter Fernandez [former] - February 13, 2023
Court | Daily Stories | Homicides | stabbing | Suspects | Victims |

On Feb. 10, DC Superior Court Judge Milton Lee sentenced a defendant to 23 years in prison for second-degree murder while armed after the family of the victim gave multiple victim impact statements. 

Herbert Smallwood was initially charged with first-degree murder while armed for stabbing 46-year-old Joseph Ogundoju to death after a car chase on June 30, 2021, on the 1600 block of 17th Place, SE. Smallwood, 42, chased Ogunjodu in a stolen gold Hyundai Veracruz until the white Honda Fusion Ogunjodu was in flipped. After the crash, Smallwood approached the vehicle and proceeded to stab Ogunjodu 33 times. 

Smallwood eventually pleaded down to second-degree murder while armed in a hearing on April 4, 2022.

“This case and this situation has broken my children in a way that cannot be fixed,” Ogundoju’s wife said during her victim impact statement.  She explained how she has taken up multiple jobs and works 17 hours a day. Her eldest son had to drop out of college to make up for the loss of her husband, she continued. 

The victim’s wife also expressed frustration with the defendant’s criminal record. In DC, Smallwood has been convicted of two drug charges, unlawful possession of a firearm, and escape from an institution. 

“How many people does this man have to kill,” she asked,. “for the justice system to put him away.”

The victim’s sister simply asked the defendant, “why?” She then concluded her statement by addressing the defendant directly, “you deserve to get what you get.”

The victim’s nephew brought attention to the fact that the defendant stabbed his uncle a total of 33 times.

Defense attorney Anthony Matthews requested a downward departure from the sentencing guidelines for second-degree murder as he believed that Smallwood still showed signs of rehabilitation.

Although Matthews agreed that “young black kids [without fathers] will have a more difficult road ahead of them,” he pointed out that taking Smallwood away from his children would only perpetuate existing societal issues. 

Mathews argued that the defendant’s addiction to PCP, a hallucinogenic drug,  played a major part in this case. 

“There is a wide gulf between the human being and the human being on PCP,” he said.  

Matthews requested that Judge Lee consider Smallwood’s addiction and other mental illness issues before delivering the sentence. 

The defense concluded by requesting the Judge Lee sentence Smallwood to 10 years in prision with 5 year supervised release, a downward departure from the mandated sentence range of 14-26 years. 

The prosecution in turn requested that Judge Lee not consider Smallwood’s addiction in delivering the sentence as voluntary use of drugs and alcohol do not count in the guidelines for departing from the sentence range. The prosecutor also noted the defendant’s criminal record and argued that Smallwood’s lack of rehabilitation indicated a future of further crime.

The prosecution requested that Judge Lee sentence Smallwood to 26 years, the top of the guidelines.

Smallwood then delivered a brief statement in which he expressed regret for his actions and extended his apologies to the family of the victim. “I hope the courts can find it in their hearts to forgive me,” he said.

“The one thing that these cases bring across the board is sadness. Hurt,” Judge Lee said, extending his condolences to the victim’s family. 

Judge Lee also rejected the defense’s claim that the system has failed Smallwood as he had been offered a chance at rehabilitation and treatment multiple times throughout his criminal record. 

Judge Lee said he could see no reason to believe that the defendant would change based on his criminal record, so he sentenced Smallwood to 275 months in prison, just under 23 years.

In addition, Smallwood is required to undergo mental health treatment and will also serve five years on supervised release.