Non-Fatal Shooting Defendant Sentenced to 13 Years Was Only Trying to ‘Scare’ Victim

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A defendant was sentenced to 13 years of incarceration for the non-fatal shooting of a juvenile, ending his college football career. 

Damar Whitley, 46, also known as Delmar Whitley, was originally charged with assault with intent to kill while armed against a minor, two counts of assault with a dangerous weapon against a minor, and aggravated assault knowingly while armed against a minor, among other charges, for his alleged involvement in a non-fatal shooting that left a 17-year-old boy suffering from life-threatening injuries. The incident occurred on Aug. 31, 2022, on the 4700 block of Alabama Avenue, SE.

On March 18, Whitley pleaded guilty to assault with intent to kill while armed and possession of a firearm during a crime of violence, in exchange for a dismissal of all other charges. 

On May 17, the prosecution read a letter to the court submitted by the victim’s mother who expressed sadness that her son’s college football career was over due to the serious injuries inflicted by the shooting.

According to the prosecutor, the juvenile victim had a bullet exit his neck after having his teeth and part of his jaw “blown out.” As he tried to run away, the defendant also shot him in the back. 

Stephen LoGerfo, Whitley’s defense attorney, stated that the defendant was “not unsympathetic” and asked multiple times if, “the boy was okay.”

LoGerfo affirmed Whitley has accepted responsibility and “saved trauma” from the children that would’ve had to testify as eyewitnesses if the case had gone to trial. 

Whitley apologized to the victim and his mother, stating “I wasn’t trying to kill him, only scare him.”

“I didn’t know he really got hit which is why I kept asking my lawyer,” he added. 

DC Superior Court Judge Marisa Demeo acknowledged that Whitley took responsibility for his actions, but stated “this went way beyond trying to scare someone.”

Judge Demeo said she was surprised that someone, “would choose this kind of action at age 45.” 

“It’s an inexcusable decision by a mature adult,” she added.

Judge Demeo sentenced Whitley to 13 years for the charge of assault with intent to kill while armed and 5 years to the charge of possession of a firearm during a crime of violence, which will be served concurrently. 

Upon release, he will serve five years of supervised release, will be required to register as a gun offender in DC, and will pay $200 to the Victims of Violent Crime Fund (VVCF). 

No further dates were set.