A carjacking defendant spoke to DC Superior Court Judge Andrea Hertzfeld at his sentencing on Nov. 18, asking for a second chance and admitting his wrongdoing. Still, the judge imposed the mandatory minimum sentence for the crime.
On June 23, Malik Kearney, 20, pled guilty to two counts of unarmed carjacking and two counts of possession of a firearm for his involvement in an incident on the 6100 block of Eastern Avenue, NE, on Dec. 28, 2024, and on the 4200 block of Nannie Helen Burroughs Avenue, NE, on Jan. 3.
Judge Hertzfeld reviewed several pre-sentencing reports. One recommended incarceration for Kearney, which neither party disputed.
The prosecutor asked for the mandatory minimum sentence of seven years for each of the carjacking counts in the case, for a total of 14 years. He emphasized that the accepted plea offer generously downgraded his charges from armed to unarmed carjacking. Given the seriousness of the original charges, he claimed the mandatory minimum sentence would be necessary to Kearney to atone for his mistakes.
He also claimed that Kearney was incredibly “lucky” considering that the victim had a firearm of his own and was prepared to use to defend himself and his property. However, his gun jammed when the victim tried to shoot Kearney.
Defense attorney Carrie Weletz argued against the use of the mandatory minimum, stating that they are ineffective as a deterrent. She also said that Kearney was well aware of his wrongdoing and had made that clear by accepting the plea deal and admitting his guilt.
Weletz asked Judge Hertzfeld to consider Kearney’s young daughter, stating that he should not be taken from her for 14 years when he had acted recklessly as a teenager. He was 19 at the time of the carjacking.
She also made note of another plea deal made in the DC Superior Court for homicide co-defendants, who received only seven years only half Kearney’s proposed sentence.
Kearney read a letter to the judge. “I take full responsibility for what I did,” he said. “Every night I sit in my cell thinking about my actions, wishing I could take them back.” He also expressed that all he wants from now on is to be “a father my daughter can depend on.”
Judge Hertzfeld emphasized accountability in this case. She told Kearney she was relieved he had his daughter to hold himself accountable for, but was not willing to sentence him to less time than the mandatory minimum.
The judge sentenced Kearney to seven years for both carjacking counts, which will run consecutively, and to five years for both counts of possession of a firearm, which will run concurrently to the carjackings. The total fourteen years in prison will be followed by three years of supervised release for each count.
No other hearings were scheduled.
