Judge Sentences Non-Fatal Shooting Defendant to 30 Months Confinement

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On Feb. 13, DC Superior Court Judge Erik Christian sentenced a non-fatal shooting defendant to 30 months of incarceration. 

Marquett Brown, 35, was initially charged with assault on a police officer while armed, unlawful possession of ammunition, unlawful discharge of a firearm, possession of an unregistered firearm, possession of a firearm during a crime of violence, and carrying a firearm outside of a home or business for his involvement in a non- fatal shooting that took place on Feb. 11, 2022, at the 4500 block of Benning Road, SE.

According to court documents, the incident stemmed from an altercation that occurred between Brown and an officer, after the defendant refused to wear an appropriate COVID-19 mask required at the time in a Department of Motor Vehicle (DMV) location. 

During the altercation, the firearm fell from the officer’s belt, Brown picked it up and proceeded to discharge said firearm in the DMV. There were no injuries reported.

On Oct. 20, 2023, Brown accepted a plea deal extended by prosecutors, which required him to plead guilty to attempted aggravated assault knowingly, unlawful discharge of a firearm, and unlawful possession of a firearm by a prior convict, in exchange for a dismissal of all other charges. 

At the sentencing, Brown’s defense attorney, Adgie O’Bryant, implored the judge for leniency, pointing out that the event was caused by Brown not being medicated for his anxiety and depression. He insisted that he could be strictly monitored by a supervision agency and would have a place to live with his grandmother. Brown however, did not have any family present at the hearing.

The prosecution pointed out that Brown had already accepted responsibility for pretrial conditions and then broke those conditions. They also pointed out that Brown had two prior convictions of robbery.

Judge Christian expressed concern over the potential people who could have been harmed when the shooting occurred, the chaos that tends to ensue when Brown is on release, and how Brown might commit a crime of a similar nature again.

Due to the nature and circumstances of the offense, Judge Christian sentenced Brown to 24 months for the attempted aggravated assault and unlawful possession of a firearm by a prior convict, which will run concurrent to each other. He also sentenced Brown to six months for the unlawful discharge of a firearm charge, which will run consecutive to the other charges. 

Additionally, Brown will be required to serve a three year supervised release, and must register as a gun offender. 

“You are where you are because of what you were doing,” said Judge Chistian.

“I respect your opinion, your honor but-,” replied Brown.

“It’s not an opinion, it’s a fact,” said Judge Christian.