DC Superior Court Judge Jason Park sentenced a defendant to 18 months of probation on Sept. 18 for a gun possession offense.
Niko Lancaster, 26, pleaded guilty on July 15 to carrying a pistol without a license outside a home or business for an offense on the 1200 block of Valley Avenue, SE on April 12. Lancaster initially faced second-degree murder while armed for his alleged involvement in the fatal shooting of 29-year-old Levon Livingston.
Judge Park sentenced Lancaster to 15 months of confinement and three years of supervised release, both suspended in favor of 18 months of probation. Lancaster must register as a gun offender in DC, comply with mental health treatment recommendations, and a substance abuse evaluation.
According to court documents, Livingston and his wife had ongoing domestic violence issues. Livingston reportedly arrived at his wife’s home and broke through her bedroom window before she asked him to leave. An altercation allegedly ensued between Lancaster and Livingston, and shots were fired.
At sentencing, Judge Park noted Lancaster’s sentence range was between six-to-24 months of confinement, with a probationary sentence permissible under the guidelines.
The prosecutor asked for Lancaster to serve 18 months in prison, followed by three years of supervised release. He noted the case started as a felony one matter, but after investigation the prosecution extended the possession plea deal to Lancaster.
According to the prosecutor, they did not attempt to justify their sentence request with the events inside the apartment. However, they argued the judge could consider them.
The prosecutor urged Judge Park to consider “what gun possession really means,” and said it’s “an ability to kill, ability to take a life.” Rules and regulations exist “because of the fact that guns are so dangerous,” the prosecutor asserted.
“The gun that [Lancaster] possessed that night is still out there,” the prosecutor added, because investigators were unable to recover the weapon.
Lancaster’s attorney, Kevin Mosley, noted that despite the prosecutor’s statement to the contrary, “they’re asking you to consider the circumstances of that night.”
According to Mosley, Livingston, a very large man, broke into the house and Lancaster justifiably used the firearm to save his life. “When this large man came at him, he defended himself,” Mosley stated.
There’s no basis to consider the circumstances for Lancaster’s sentence, Mosley argued, and a probation sentence is routine for the offense he pleaded to.
Mosley also noted Lancaster’s lengthy history of trauma that included his mother’s death from drug abuse and his post-traumatic stress disorder diagnosis.
Lancaster simply replied, “No thank you,” when Judge Park offered him an opportunity to speak.
Judge Park acknowledged that Lancaster’s gun possession resulted in a loss of life. However, the prosecution acknowledged they could not disprove self-defense beyond a reasonable doubt. As a result, the judge found the prosecutor’s arguments for their requested sentence unpersuasive.
“Carrying an illegal firearm in the streets of our city puts everyone in danger,” Judge Park affirmed.
The judge agreed with Mosley that in a typical possession case, a defendant would receive a probationary sentence.
No further dates were set.
