Victim’s Mother Begs Judge, ‘Make Sure He Can’t Do It to Anyone Else’s Child’

By Laura Berol - August 5, 2024
Carjacking | Daily Stories | Homicides | Shooting | Suspects | Victims |

The mother of a homicide victim spoke in opposition to a plea deal that would sentence her son’s shooter to 13-and-a-half years in prison during a hearing in front of DC Superior Court Judge Rainey Brandt on Aug. 2.

Delonte Jackson, 25, was originally charged with two counts of first-degree murder while armed, armed carjacking, three counts of unlawful possession of a firearm, and three counts of possession of a firearm during a crime of violence for his involvement in the death of Artavarn Wagner, 44, on March 3, 2022, on the 1700 block of Gales Street, NE. 

Through his defense attorney, Megan Allburn, Jackson pleaded guilty to voluntary manslaughter while armed on Aug. 2 as part of a plea deal. In exchange, the prosecution agreed to dismiss all other charges and to ask Judge Brandt for a 13-and-a-half-year sentence to run concurrently with a federal prison term of unspecified length that Jackson is already serving for felony possession of a firearm and ammunition. 

“He needs life without parole, since we don’t have the death penalty,” Wagner’s mother said about Jackson. “He shot my child like a dog. He ran him down and shot him like a dog.”

“I’ve had three ministrokes because of this. My health is bad,” Wagner’s mother told the court. She detailed mental health struggles suffered by Wagner’s children that she attributed to Wagner’s killing.

“I beg Your Honor to take into account the damage he has done out here and make sure he can’t do it to anyone else’s child,” Wagner’s mother urged Judge Brandt.

“I can only imagine–I can’t imagine what Ms. Wagner and her family have gone through,” Judge Brandt said. “I do believe Ms. Wagner said some things that Mr. Jackson needed to hear.”

The maximum sentence Jackson could receive for a voluntary manslaughter charge is 30 years’ imprisonment and/or a fine of $250,000. 

Judge Brandt told Jackson that she will decide at his sentencing whether to impose the sentence agreed in the plea deal. Since the plea follows Rule 11(c)(1)(c) of the Federal Rules of Criminal Procedure, Jackson has the right to withdraw his guilty plea if Judge Brandt does not accept the sentencing request.

“This is a process. I’m sure I’ll hear more at the sentencing, but we aren’t there yet,” said Judge Brandt.

In their proffer of facts, the prosecution said that surveillance video showed Jackson approaching Wagner on the street, chasing him into an alley, and shooting him multiple times before driving off in Wagner’s vehicle.

According to the prosecution, Jackson was wearing a court-ordered GPS monitor that showed him to be at the locations where Wagner’s vehicle was spotted on surveillance video during the hours following Jackson’s shooting. 

The prosecution said that DNA and firearm evidence corroborated their case against Jackson.

Under oath, Jackson said that the proffer of facts was accurate.

Allburn asked Judge Brandt to postpone Jackson’s sentencing until after November, to allow Jackson to complete the educational program he is pursuing at the DC Correctional Treatment Facility (CTF).

The sentencing is scheduled for Dec. 13.