DC Superior Court Judge Jason Park sentenced two co-defendants on May 15 for their involvement in a 2024 shooting.
On March 16, Vance McIlwain, 34, pleaded guilty to aggravated assault knowingly while armed and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting on Nov. 8, 2024, on the 700 block of Chesapeake Street, SE. Kenneth Johnson, 33, pleaded guilty to assault with a dangerous weapon and possession of a firearm during a crime of violence for his involvement.
Judge Park accepted the sentences agreed upon in the plea deals, describing the agreements as reasonable and compliant with voluntary sentencing guidelines.
McIlwain was sentenced to 10 years in prison and Johnson was sentenced to six years in prison, both followed by five years of supervised release.
According to court documents, the victim arrived at the hospital with seven different gunshot wounds to the chest, abdomen, arm and ear and underwent four surgeries during a month-long stay. While the victim sustained seven wounds, the prosecution emphasized the severity of the incident, noting the firearm was used to fire “at least 15 rounds” at the victim.
To show the defendants’ involvement, the prosecution played surveillance footage from an apartment building on the 600 block of Chesapeake Street, SE. The prosecutor said the video showed Johnson and McIlwain inside the building at 3:49 p. m. The prosecution said the defendants appeared to look out a window toward the victim before exchanging a firearm between them, minutes before the shots were fired at 3:51 p. m.
The prosecution explained the context of the plea agreements, noting that concerns with witness testimony influenced the decision to offer the deals. McIlwain reportedly fired the shots while Johnson knew of his intentions.
While discussing the defendants’ backgrounds, the prosecution said Johnson showed an “escalating pattern of very serious and troubling conduct.” The prosecution noted McIlwain had an increasing amount of criminal conduct over the last five to six years despite having no prior convictions. According to prosecutors, McIlwain had several arrests for simple assault and threatening conduct.
Lisbeth Sapirstein, McIlwain’s attorney, said her client was “incredibly drunk” at the time of the shooting. Sapirstein stated that McIlwain is now making direct efforts to address substance abuse issues and completed a program while incarcerated.
Reflecting on a statement Johnson made in a pre-sentence report, “if I knew what was going to take place I would have to remove myself from the situation. It was not my intention for anyone to get hurt,” Judge Park noted this statement was “obviously contrary” to the aiding and abetting theory of Johnson’s guilty plea.
Johnson’s attorney, Matthew Davies, addressed Judge Park to clarify that Johnson was “trying to make a statement of remorse,” and that his statement was being “misconstrued.” Davies emphasized that Johnson was not trying to deny his actions but was instead trying to say, “I’m sorry that this happened.”
Judge Park noted the “extraordinarily concerning” nature of the case where an individual was shot multiple times.
As part of their sentences, Judge Park ordered both defendants to pay $200 to the Victims of Violent Crime Compensation Act fund and to undergo mental health, drug, and alcohol assessments.
No further dates were set.
