Suspect Sentenced in Mistaken Shooting Incident

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In a Sept. 8 hearing, DC Superior Court Judge Lynn Leibovitz sentenced Lucky Curry for wounding an innocent bystander following a robbery attempt.

Curry, 23, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for an incident that took place on the 2800 block of Alabama Avenue, SE on March 15.

According to court documents, Curry was the victim of a robbery during which his jacket and personal items were stolen. As the suspects drove away, surveillance footage shows Curry fired “multiple shots” at their vehicle. In the process a woman at the scene was struck by two gunshots, one to the right shoulder and the other to her lower back.

In July, Curry pleaded guilty to the assault and during the sentencing his attorney, Steven Legerfo, acknowledged that the facts of the case are “very bad.” However, Legerfo argued for probation noting that Curry has considerable family support and they were present in the courtroom.

Further, Legerfo said that Curry had done well in the Young Men Emerging development program for young offenders in the District.

However, in passing sentence Judge Leibovitz stated that Curry severely injured a woman. Even though he had been wronged, it was not justification for the shooting. Otherwise, Leibovitz observed, “Everybody would be dead in our city.”

She also decried the “explosion” of gun violence in the District in spite of many efforts to curb the problem. Reviewing the facts, Leibovitz said it’s possible that Curry would behave exactly the same way in a similar situation and that incarceration was warranted.

Judge Leibovitz sentenced Curry to 40 months on the assault with a dangerous weapons charge and 12 months for carrying a firearm during a crime of violence to be served concurrently. In addition, he’ll have to register as a gun offender on release and submit to three years supervised probation.