DC Superior Court Judge Andrea Hertzfeld sentenced a stabbing defendant in his late fifties to probation only in an assault case on April 17.
Rayton Carry, 58, was originally charged with aggravated knowingly assault while armed and assault with a dangerous weapon while armed for his involvement in an incident that occurred on Oct. 12, 2022 on the 900 block of Alabama Avenue, SE.
At the hearing, Carry pleaded guilty to simple assault in exchange for dismissal of the other charges. The prosecution also agreed to limit their sentencing request to a fully suspended sentence except for time already served. Judge Hertzfeld accepted the agreement and proceeded directly to disposition.
According to court records, the victim initially reported a stab wound in the butt, but prosecutors never determined a weapon for the offense and the related charge was dismissed in the deal.
According to prosecutors, the victim went to Carry’s home, where an argument began regarding his being there. The dispute turned physical, causing the victim to fall to the ground and into the street, where Carry continued to assault him. Prosecutors argued Carry used excessive force and had no legal justification for his actions.
Carry’s attorney, Brandon Burrell, said this incident was a case of “imperfect self-defense.” Burrell claimed the victim was a trespasser on Carry’s property and was told earlier in the day to not come back to Carry’s house.
Burrell highlighted Carry’s compliance with his pre-trial release, his stable job, and his limited criminal history. He agreed with the sentence proposed by the prosecution but asked for the probation to be unsupervised because he is confident Carry won’t re-offend.
When asked by Judge Hertzfeld whether he had anything to say, Carry replied, “I just wish it didn’t happen.”
Judge Hertzfeld said other than previous minor traffic violations, this incident is an “aberration” for Carry. She noted that someone of Carry’s age rarely makes their first contact with the criminal justice system this late in their life.
Judge Hertzfeld sentenced Carry to a suspended sentence of 180 days and six months of unsupervised probation. She noted that he is on unsupervised probation because he was unsupervised on pre-trial release and had no issues.
No further dates were set.
