Parties agreed to a 27 day extension of the nine month indictment deadline on Aug. 28 in a murder case that failed to resolve in an anticipated plea agreement the week before.
In a brief hearing before DC Superior Court Judge Neal Kravitz the judge set a new arraignment date for Shawn Conway. Conway, 50, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of Jermaine Foster, 34, during a melee on the 2000 block of 14th Street, NW about 3 a.m. on Sept.13, 2025.
According to court documents, a large group of revelers arrived at the scene when shortly after a confrontation ensued. Police arrived in the midst of the fight and located Foster, mortally wounded, stabbed six times including a strike to the heart. He was pronounced dead at a local hospital. Three others who tried to break up the fight sustained non-fatal injuries.
The case appeared headed for resolution on Aug. 21 after Conway originally agreed to a prosecution plea offer to serve 18-to-22 years in prison. However, the deal fell apart.
At issue was an apparent mismatch between what the defendant said in court to Judge Kravitz and what the prosecutor claimed in his proffer, or statement of the facts.
He maintained had the case gone to trial witness accounts and surveillance video would have proved that Conway committed murder leaving his bleeding victim on the sidewalk.
However, when Judge Kravitz asked Conway if he agreed with the prosecution’s narrative, he provided a different account.
“Did you stab Jermaine Foster at 2:25 a.m.?” asked Kravitz.
Conway affirmed the action, with a qualification, “I meant to stab him; I didn’t mean to kill him.” The action, he said, “was out of rage, anger.” That raised Judge Kravitz’ concern that it could be considered a crime of passion and possibly a mitigating factor.
“I’m kind of at a loss,” said the judge. “I don’t know how I can find there were no mitigating factors.”
The prosecutor was incredulous saying, “[The victim] was on the ground defenseless while people are trying to stop [Conway].” He insisted the facts supported the plea.
Judge Kravitz said, it’s up to the defendant to admit the stabbing was a murder and not something lesser.
“You misunderstand my role,” said Judge Kravitz, obviously displeased with the prosecutor.
“Shaking your head in disagreement is not helpful or professional,” said the judge. “It may well be that the facts support second-degree murder, but it’s not in the proffer.”
The debate was timely because the prosecution’s plea offer was set to expire the day of the hearing.
However, defense attorney Madelyn Harvey indicated at the current hearing that she and the prosecutor were in discussions about a counter offer.
Judge Kravitz set the next hearing for Sept. 19.
