Sentence Tempered After Shooting Defendant Asks Judge For ‘a Chance’

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A shooting defendant asked DC Superior Court Judge Errol Arthur to “give him a chance,” and Judge Arthur imposed a sentence of 60 months with all but 28 months suspended after strongly considering a sentence of 60 consecutive months.

On April 8, Amontae McCalvin, 19, pleaded guilty to assault with a dangerous weapon and carrying a pistol without a license for his involvement in a shooting incident on Sept. 8, 2023 on the 400 block of Condon Terrace, SE. One individual sustained non-life-threatening injuries. 

The prosecution asked that McCalvin be sentenced to 60 months, citing that while he is young, he has previous firearm related convictions.

Prosecutors argued the shooting put the community in danger because it took place in a crowded apartment complex where a victim was hit in the hand and multiple apartments sustained damage. 

The prosecution also asked that the defendant be denied the benefits of the Youth Rehabilitation Act (YRA), which seals a young defendant’s conviction if they successfully complete all sentencing requirements.

“Sixty months is outrageous,” said Brandi Harden, McCalvin’s attorney, adding that the pre-sentence report found that McCalvin has undergone a “marked change,” during his detainment.  

Harden explained that McCalvin is back in school after dropping out in the eighth grade and has a daughter he loves and cares for. She described McCalvin as “someone who wants to better his life.”

Regarding the prosecution’s request to deny sentencing under the YRA, Harden said that the prosecution was not viewing her client with “humanity,” arguing that the benefits of the YRA are not a gift but are something that is earned.

McCalvin addressed the court, stating, “I understand what I did is wrong.” He expressed remorse for his actions and a desire to be with his children and those that need him.

Judge Arthur sentenced McCalvin to 60 months, with all but 28 months suspended, 18 months of supervised probation, and three years of supervised release under the YRA.

Judge Arthur stated that while McCalvin took accountability for his crimes and pleaded guilty as soon as he could, “One shot is too many” and it was “by grace” that no one died.

Judge Arthur asked McCalvin to look around the courtroom and consider that his actions a year ago could have killed anyone in this courtroom, including those he cares about.

No future dates were set.