Judge Accepts Plea Deal and Sentences Murder Co-Defendants

By Mia Kimm [former] , Mia Febles [former] - February 9, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On Feb. 9, DC Superior Court Judge Anthony Epstein sentenced two co-defendants for their involvement in a homicide.

Gabriel Brown, 34, was originally charged with first-degree murder while armed, first- degree murder while committing or attempting to commit robbery, conspiracy while armed, robbery while armed, four counts of possession of a firearm during crime of violence, armed carjacking,, and unauthorized use of a vehicle for his involvement in the death of Tyrone Johnson, 24, on March 10, 2017, on the 2300 block of Pennsylvania Avenue SE.

Antonio Upshaw, 34, was originally charged with first-degree murder while committing or attempting to commit a robbery, armed carjacking, first-degree murder while armed, robbery while armed, four counts possession of firearm during crime of violence, carrying a pistol without a license outside the home, and unauthorized use of a vehicle, for his involvement in Johnson’s death. 

On Dec. 6, 2023, Upshaw and Brown accepted a plea deal extended by prosecutors. 

Through the plea, Upshaw was required to plead guilty to one count of accessory after the fact to second-degree murder, in exchange for a dismissal of all other charges. Parties agreed on a sentencing of credit for time served, which was four years, nine months and 15 days. 

Brown was required to plead guilty to one count of second-degree murder, in exchange for a dismissal of all other charges. Parties agreed on a sentence of 14 years incarceration. 

During the sentencing, prosecutors read Johnson’s mother’s statement to the court. His daughter also delivered a victim impact statement,  detailing the impact his death has had on them. 

“The weight of this tragedy is so profound that sometimes I can’t get out of bed,” the prosecutor read from Johnson’s mother’s statement.

Johnson’s daughter stood before the court as she gave her statement.

“My father will never be there to see my high school graduation, to see me go to college or even to walk me down the aisle,” she said. 

Judge Epstein sentenced Brown to the agreed 14 years of imprisonment, with credit for time served. However, he was previously sentenced to life in prison for his involvement in a federal case. Judge Epstein ordered the sentences be served concurrently. If released, Judge Epstein ordered Brown be required to register as a gun offender and serve five years of supervised release. 

“My heart goes out to the family”, Judge Epstein expressed as he was sentencing Brown. Brown took full responsibility and pleaded guilty for the murder of Johnson, which allowed Judge Epstein to rule for a lower sentence. 

Meanwhile, Upshaw’s sentence includes three years of supervised release and credit for time served. 

Judge Epstein reasoned that Upshaw had a more limited role in the incident, and that he has done well since his release in October 2023. Judge Epstein also approved the prosecution’s request for Upshaw to register as a gun offender. 

No further dates were set.