‘There’s Two Families Whose Lives Have Been Impacted by This,’ Says Defense Attorney in Homicide Sentencing

By Adriana Marroquin - May 31, 2024
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

DC Superior Court Judge Rainey Brandt ordered a WebEx streaming of a sentencing to end due to a victim’s family’s “disrespectful” comments, as she sentenced a homicide defendant to 18 years of incarceration. 

David Botchway, 21, pleaded guilty to second-degree murder while armed for his involvement in the fatal shooting of 19-year-old Andre Baker on Aug. 5, 2023, on the 1200 block of U Street, NW. 

Through the plea deal, parties agreed to a sentencing range of 16-to-20-years of incarceration. 

During the sentencing, which had previously been rescheduled six times, prosecutors displayed surveillance footage and an Uber driver’s dash cam footage that depicted the incident. The dash cam portrayed 13 shots fired, as surveillance footage detailed Botchway approaching Baker at a bus station and shooting him multiple times. 

“This is just an execution style murder,” said the prosecutor, adding, “If I had a penny for every time we say this is a tragic case… this is a tragic case.” 

“He was just shooting all over the place,” the prosecution insisted, stating “this is not a war zone, this is Washington, D.C.”

As for the shooting, the prosecutor argued “it could have taken many more lives,” citing the multiple individuals who were in the vicinity of the incident. 

“[Baker] was just begging for his life… the circumstances, the crime itself, what he inflicted is absurd,” the prosecutor cried.

“[Botchway] is young enough to spend some time [in prison] and come home to make something of himself. We can’t say that about Baker,” the prosecution insisted. 

“It’s really hard for anyone to spend a day in jail,” he argued, but was firm that Botchway had “benefited” from the plea deal, despite his criminal history being “not good.”  

The prosecution told Judge Brandt that Baker’s family was “vehemently against” the plea deal, as they requested a 20 year sentence. 

“There’s two families whose lives have been impacted by this,” said Kevin Mosley, Botchway’s defense attorney. 

“This is a terrible decision that he made… he is the most devastated young man I’ve had to visit at the jail,” he claimed, stating Botchway is “emotionally torn up about what he did.”

“The thing he feared the most he perpetrated,” Mosley insisted, arguing that Botchway had been a victim of gun violence and had always worried about becoming a homicide victim.

“What he did is terrible,” Mosley said, citing that untreated trauma, drinking, and machismo played a part in Botchway’s decision making. 

“He’s a sweet young man. He’s trying to be something that he’s not,” he stated, requesting Judge Brandt order “the trauma treatment he is in such desperate need of,” as he asked her to impose a 16 year sentence.  

“I’m responsible for taking another person’s life… I don’t expect forgiveness,” Botchway told Judge Brandt, adding he’s dedicated to his recovery. 

Following Botchway’s statement, Baker’s family member stated “The family won’t and don’t forgive him,” adding they considered his actions an execution because “that was an overkill.”

“He should struggle,” she proclaimed, adding “What he did was wrong.”

“In sentencing days, no one wins,” said Judge Brandt, expressing her sorrow for Baker and Botchway’s mothers, adding “one lost a son to the grave, and one that is losing her son to prison… neither expected that.” 

“I can sympathize, and I can even empathize,” she told the parties, however, “ I can’t make a decision based on emotion.” 

“This was not like you, to do something like this,” Judge Brandt told Botchway, citing his family’s letters to the court in which they expressed shock and confusion for his actions. 

“In your young years, you’ve walked through some trauma… more than people your age,” she added, stating “the videos are worth a thousand words. You walked up to that bus stop and unloaded a gun.” 

“He is NOT the victim,” one of Baker’s family members told the court through the WebEx chat. 

“I’m struggling,” Judge Brandt said, stating the range “might as well be the same number to me… taking away the liberty is the punishment.” 

“On behalf of the citizens of the District of Columbia, I accept your apology,” Judge Brandt told Botchway, before ordering her courtroom clerk to shut down the WebEx streaming due to “disrespectful comments flooding in,” which included comments such as “this is bulls***.”

“You will not be disrespectful in a courtroom,” Judge Brandt told people in the gallery. 

“Good luck,” she told Botchway as he was escorted out by Marshals.