“Don’t mistake my kindness for being foolish,” stated DC Superior Court Judge Rainey Brandt after she released a murder defendant following an acquittal on Aug. 11.
Franklin Dorn, 45, was charged with second-degree murder while armed, possession of a firearm during a crime of violence and unlawful possession of a firearm by a convict, for his alleged involvement in the fatal shooting of his nephew, 28-year-old Antonio Brown, on Aug. 6, 2023 on the 1200 block of North Capitol Street, NW.
During the week-long trial, prosecutors argued that although Dorn did not fire the fatal shot, he was guilty of Brown’s murder because was the aggressor in a conferontational situation and would have shot if his gun did not malfunction.
Dorn’s attorney, Kevin Irving, asserted Dorn’s innocence and said he acted in self-defense because the other shooter acted in a threatening manner.
Following one day of deliberations, the jury found Dorn not guilty of second-degree murder while armed and possession of a firearm during crime of violence. However, the panel found Dorn guilty of unlawful possession of a firearm with a prior conviction.
After the jury returned the verdict, Irving asked for Dorn’s release and stated Dorn was willing to comply with any conditions of release the court imposed.
The prosecution opposed Dorn’s release due to his conviction on the firearms charge.
Judge Brandt stated she believed she could set conditions of release that would ensure the safety of the community and released Dorn with a GPS monitoring device and a curfew.
Judge Brandt told Dorn “if you sneeze out of place it won’t look good on sentencing day” at the end of the hearing.
Parties are slated for sentencing on Oct. 15.
