Judge Park Sentences Non-Fatal Shooting Defendant to Three-Plus Years

By Laura Berol - July 1, 2024
Daily Stories | Non-Fatal Shooting | Suspects |

DC Superior Court Judge Jason Park sentenced a non-fatal shooting defendant  to three-and-a-half years in prison and three years of supervised release on June 28.

Brandon Yates, 31, pleaded guilty to assault with a dangerous weapon and carrying a pistol without a license on May 2. In exchange, the prosecution agreed not to pursue any other charges based on the facts of this case.

He was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting on March 12 on the 300 block of 37th Street, SE. 

“A shooting during the day in a residential building does harm beyond the harm done to the specific victim,” the prosecutor argued. He asked Judge Park to give Yates a sentence of five years in prison, the maximum indicated by sentencing guidelines.

Court documents state that shell casings and a bullet fragment from the shooting were found inside the front door of an apartment building. An apartment, containing a woman and her children, had a bullet hole in the wall. No one in the apartment was injured.

While Yates claimed that he fired his gun because of previous traumatic experiences that made him feel unsafe, the prosecutor pointed out, Yates himself caused similar experiences for the residents of the apartment building.

“It wasn’t his intent to ever have the gun go off,” said Yates’ defense attorney, Kevin Irving. “As a father himself, he knows that could happen to his own child, and that makes him very distraught.”

Irving requested a suspended sentence for Yates, arguing that Yates was the one who suffered the most from the shooting. 

Court documents report that, when police located Yates later in the day, he had recently suffered a gunshot wound to the groin. Yates told police there was another shooter, but the lack of another blood trail from the scene indicated that no one besides Yates had been hit.

Before the sentencing, Yates expressed his remorse for his actions.

Judge Park commented that the prosecution and defense were requesting vastly different sentences, and that there were strong reasons for both requests.

He said Yates had virtually no criminal history prior to the shooting.

“I accept the defense’s argument that trauma was involved,” Judge Park said. “It doesn’t just happen that a 31-year-old man suddenly acts like this.”

Judge Park also said Yates’ conduct in the incident was “as dangerous as possible.” According to Judge Park, video evidence and testimony depicted Yates, with his gun raised, pursuing a man who had his back to Yates.

No further dates were set in this case.