DC Superior Court Judge Todd Edelman sentenced a homicide defendant and his accomplice, who killed his cousin, in a sentencing on Nov. 7.
On June 6, Darius Robertson, 32, and Antonio Hensley, 33, pleaded guilty to voluntary manslaughter for fatally beating Andre Robertson, 33, at the intersection of the 200 block of 53rd Street and the 5300 block of Clay Terrace, NE, on Oct. 1, 2021.
Through the deal, parties agreed that Hensley should be sentenced between six-and-12 years of imprisonment, while Darius’ sentence would be up to the judge based on the DC sentencing guidelines.
During the hearing, five members of the victim’s family gave statements. Andre’s mother told the judge that Darius was like her own kid. She told the court that, after the incident, her family had been torn apart.
“I can barely sleep,” Andre’s mom told the court. She asked for Darius to be incarcerated, saying that Andre’s murder proved that he would do the same to her or anyone else, and that he was dangerous.
Andre’s father also gave a statement, where he told the judge that “no father should ever have to bury his son.”
He stated that Andre was a loving father, brother, and son, and that Darius killed him “without any regard” for “the family that loved him beyond words.” He told the court that when someone kills someone, they “take a piece of everyone who loves them.” The father asked the judge to deliver justice for his family.
Andre’s aunt told Judge Edelman that she wanted to “share the deep pain” with the court, and that the loss of her nephew was “unbearable.” She told the judge how difficult his loss was on the family, and explained that his parents had lost their firstborn son, and that her nephew would “never walk his daughters down the aisle.”
Andre’s older sister told the court how their mom “kept” Darius and his siblings from going into the system after their mom passed, and how her family “looked at them like siblings.”
Andre’s younger sister explained how difficult it was for the same cousin who told her he loved her to kill her brother, and how she looks at family differently now.
The prosecution, after listening to the family’s statements, called the murder “haunting.” The prosecutor claimed that it was the result of both defendants’ extensive criminal history involving a “horrific mix of PCP, guns, and violence.” He noted that Hensley had a drug history and “assaultive conduct” that stretched back several years, and that Darius was similarly involved with PCP and was involved in a violent stabbing a few years prior.
The prosecution acknowledged that both the victim and the defendants were antagonizing each other during the incident, but claimed it was Darius who turned the fight “from verbal to physical.” The prosecutor described how Hensley stomped on the victim’s head and how Darius “struck him repeatedly” as Andre was motionless and “defenseless.”
The prosecution argued that one of the goals of sentencing was to impose a “just punishment,” and asked that, in light of the family’s statements and the nature of the murder, the judge sentence Hensley to 12 years of incarceration and Robertson to 13 years. The prosecution claimed that there was “no sentence” but the top of the sentencing range that was appropriate.
Defense attorney Michael Madden, on behalf of Darius, claimed that the prosecution had given the court a “very wrong impression of what happened.”
He argued that Darius had not “had it out” for his cousin, but that there had been 20 minutes leading up to the murder in which Darius had “attempted to extricate himself” and Andre had “pursued him.” He argued that the prosecutor’s claim that Darius threw the first punch was “misleading.”
Madden also described Darius’ repeated assault on the victim, claiming that when the defendant saw the victim on the ground after Hensley struck him, in Darius’ mind, the victim was “still a threat.” Madden asked Judge Edelman to impose 72 months of incarceration for Darius.
Defense attorney Kevin Robertson, on behalf of Hensley, said that Hensley had “no intent” for the murder to happen. “He participated in some ways,” he said, but claimed that there were multiple times where video footage of the murder captured Hensley “standing in the background.”
Kevin asked Judge Edelman to give Hensley a split sentence, where Hensley would serve six years of incarceration and finish the rest of the sentence outside of prison. “The person sitting in front of you is not a murderer,” the attorney said, and Hensley “lives with the trauma of being involved.”
When prompted by Judge Edelman, Darius addressed the court. He apologized to the court and to his family, and said that he wished his family could forgive him. “I know you’re still healing from the loss,” he explained, but he claimed that he was too. “I lost a cousin that night,” he said.
Hensley also gave his “deepest condolences” to the family. He said that he “had no hard feelings” for the victim, and that the incident was an accident.
Judge Edelman described video footage of the murder as “brutal to watch,” and said that it was “even more difficult” knowing that the victim and the defendant were relatives.
He acknowledged that there was an “element of mutual combat” before the victim’s death, but said that there was “no mutuality” when the victim was on the ground, and that “both defendants went beyond what could possibly be justified.”
The judge noted that Darius and Hensley pleaded guilty, and were “entitled to some credit for accepting responsibility,” but still held that there was no excuse for the defendants’ actions.
Judge Edelman sentenced Darius to 126 months of incarceration and five years of supervised release, and Hensley to 96 months of incarceration with five years of supervised release for his “lesser role” in the incident and smaller criminal record.
No further dates were set.
