In an unusual case, a young, non-fatal shooting defendant was sentenced to two years of probation in lieu of extended jail time by DC Superior Court Judge Rainey Brandt on July 11.
On May 2, Javary Peaks, 19, pled guilty to aggravated assault knowingly while armed and possession of a firearm during crime of violence for his involvement in a non-fatal shooting in a Washington Metropolitan Area Transit Authority (WMATA) bus at the intersection of 22nd Street and Minnesota Avenue, SE, on March 8. One individual sustained injuries from the incident.
During the sentencing, Peaks’ family and college football coach were present. The prosecution asked Judge Brandt to not sentence him under the Youth Rehabilitation Act (YRA), and instead sentence him to 90 months for the aggravated assault knowingly while armed charge and 60 months for the possession of a firearm during a crime of violence charge. The prosecution argued, Peaks knowingly carried an illegal firearm onto the public bus, shot the victim in the chest, fled the scene, and never attempted to turn himself in.
The defense responded by asking for Peaks to be sentenced under YRA which would seal his conviction once Parks completes all sentencing requirements. In this case the Department of Corrections (DOC) had suggested Peaks receive 2 years of probation and dismiss the minimum sentence of 48 months for both counts. Peaks’ attorney, Albert Amissah, agreed and emphasized to the court that Peaks was not the aggressor in this situation, accepted responsibility by taking a plea deal, and had been a victim of gun violence himself.
Amissah noted that Peaks acquired a gun only after being robbed at gunpoint and was in DC working to pay for college. Ammisah said Peaks lost friends to gun violence, but is going to college to change his life saying he has “a lot of promise”.
Peaks spoke to the court sharing his remorse for the shooting. “This will be my last time standing in front of a judge.”
Giving her ruling, Judge Brandt told the prosecution “I wonder if the government ever thought about the long term effect (the sentence) would have…on a college student”.
She directed her attention to Peaks’ saying how ironic and immature it was, as a victim of gun violence, to get a gun as the solution for protection. “Six year olds know not to touch a hot stove,” she stated. She continued to express her irritation saying, “Signs of maturity and being calm is to walk away.”
Ultimatel, Judge Brandt sentenced Peaks to 2 years of probation, suspended the minimum sentencing of 48 months, and granted the defense’s request for it to be under the YRA.
As part of his probation, Judge Brandt is requiring Peaks to earn his college degree, take a conflict resolution class in college, and register as a gun offender. She emphasized her ruling was unusual and warned Peaks must have perfect compliance or he will go to jail.
“Do something that is gonna change the world,” she encouraged him “This is your second chance”.
No further dates were set.
