A shooting defendant accepted a plea deal on June 29 before DC Superior Court Judge Robert Salerno.
Omari Nkusi, 24, was originally charged with assault with a dangerous weapon, possession of a firearm during a violent crime, unlawful possession of a firearm, attempted strangulation, simple assault, two counts of destruction of property, and obstruction of justice for his alleged involvement in a domestic violence shooting that occurred on Jan. 15 on the 3400 block of Stanton Road, SE. The victim sustained injuries on her cheek from the incident.
During the hearing, John Belcher, Nkusi’s attorney, alerted the court of his intent to accept a deal which would require Nkusi to plead guilty to assault with a dangerous weapon and simple assault, in exchange for a dismissal of all other charges.
As part of the plea agreement, the prosecution agreed to reserve step back–the option of sending the defendant to jail waiting sentencing– agree to a sentence in the middle of the guidelines, waive sentencing enhancements, make sentencing recommendations, and not oppose sentencing under the Youth Rehabilitation Act (YRA), which gives the judge sentencing flexibility and allows a young defendant’s conviction to be sealed if they successfully complete all sentencing requirements.
The prosecution confirmed that, had the case gone to trial, they would have proven beyond a reasonable doubt that Nkusi arrived at his girlfriend’s residence, strangled and assaulted his her before firing a gunshot toward her family members outside.
Judge Salerno asked Nkusi if the prosecution’s proffer of facts was accurate, to which Nkusi responded, “I signed it because I’m scared to go to trial.”
The judge clarified that Nkusi would not be able to plead guilty if he does not agree to every fact in the proffer. “I just want to get this over with,” Nkusi said. “No, this isn’t how this works,” Judge Salerno responded.
As the judge read through each paragraph of the proffer, Nkusi requested to make one edit, changing the verbiage from “came to the residence” to “was at the residence” at the time of the offense. After the edit was reviewed, Nkusi confirmed that the proffer was true and accurate.
Nkusi asked Judge Salerno if he may be released on GPS monitoring. “I just want to see my children,” the defendant said.
Nkusi’s attorney, John Belcher, motioned for the defendant’s release to the custody of his mother as he awaits sentencing. Belcher emphasized Nkusi’s role as a dedicated father and his desire to work again to be able to support his children.
The prosecution objected requesting Nkusi remain jailed due to the violent nature of the offense, multiple victims, and the fact that he was on supervision at the time the offense occurred.
Judge Salerno agreed and ordered Nkusi remain held due to the serious nature of his conduct and one of his prior convictions was for possessing a firearm.
Parties are slated to reconvene on September 18.
