‘You Are A Unicorn,’ Says Judge in Suspending All But Three Months in A Shooting

By Radhakund Ramnarine - September 3, 2024
Daily Stories | Non-Fatal Shooting |

DC Superior Court Judge Rainey Brandt, standing in for DC Superior Court Judge Lynn Leibovitz, sentenced a shooting defendant to 18 months, with all but three suspended on Aug. 30. 

Jaylon Deangelo Whack, 30, was originally charged with assault with a dangerous weapon and possession of a firearm during a crime of violence for firing a single shot at his uncle following a verbal dispute in a relative’s home on May 29 on the 3700 block of Horner Place, SE. 

On July 11, Whack pleaded guilty to assault with a dangerous weapon, a charge that has a maximum sentence of 10 years in prison.

During the hearing, prosecutors recommended the bottom of the sentencing guidelines of eighteen months of incarceration, noting that Whack has no prior convictions or criminal record. 

Mathew Hertz, Whack’s attorney, clarified that Whack “was not the kind of person who picks up a gun after an issue.” He argued this was a rare circumstance for which treating issues like anger management or impulse control would not be as effective in jail rather than treatment during probation. He requested Judge Brandt impose a “short-split” sentence, which allows the defendant to serve a short part of the sentence in jail, and the other part through programs during probation. 

However, due to the nature and circumstances of the crime, the prosecution objected, stating they believed Whack should receive a straight sentence.

Hertz emphasized Whack’s case as an anomaly, mentioning he accepted responsibility for his actions and his intention to start over and become a better person. 

Whack told Judge Brandt in a personal statement that he “acted out of fear” and “felt in danger.” 

In consideration, Judge Brandt stated , “You are a unicorn– you managed to live to the ripe old age of thirty, never ever having a criminal record… give credit to the people who brought you up and the people you surround yourself with because there are too many young Black Americans who can’t say the same.”

Considering his lack of criminal record and promise to change, the court sentenced Whack to 18 months of incarceration, with 15 months suspended. Whack is expected to be released within a few days. He must serve three years of supervised release. 

No further dates were set.