DC Superior Court Judge Neal Kravitz asked parties to revise a plea deal in a fatal shooting case at a hearing on Sept. 18.
Jaime Macedo, 25, is charged with first-degree felony murder while armed, two counts of possession of firearm during crime of violence, and attempt to commit robbery while armed. These charges stem from his alleged involvement in the fatal shooting of Maxwell Emerson, 25, on The Catholic University of America campus, at the 600 block of Alumni Lane, NE, on July 5, 2023. Emerson sustained a gunshot wound to his abdomen.
After Macedo’s trial, on May 4, a jury found him guilty of unlawful possession of a firearm with a prior conviction greater than one year, but could not reach a unanimous verdict on the four remaining charges.
At the hearing, Macedo was prepared to accept an offer from prosecutors and plead guilty to voluntary manslaughter while armed, with a 12-to-15 year prison sentence. In exchange, the prosecution agreed to dismiss the three other charges.
The prosecution read the proffer of facts and claimed the evidence at trial would have proved that Macedo had a firearm in his pocket without the safety on. After Macedo asked Emerson for money and instilled fear in him, said prosecutors, Emerson tackled Macedo.
According to prosecutors, Macedo engaged in the fight, his handgun fired, and Emerson died. The prosecution presented the offense as voluntary because there was no legal justification for Macedo’s actions and he acted with a “conscious disregard” for the risk of significant bodily injury.
In response to the prosecution’s proffer, Macedo’s attorney, Jessica Willis, argued that Emerson tackled Macedo out of frustration, which caused the gun to fire and kill Emerson. Willis said that Macedo did not intentionally fire the gun, though the prosecution would argue otherwise.
Judge Kravitz raised concerns with the prosecution’s classification of Macedo’s “conscious disregard.” The judge asked Macedo to define his understanding of conscious disregard, to which Macedo said, “I knew it was unsafe, I knew it was dangerous.”
In addition, Judge Kravitz also questioned if self-defense could be argued in this case. The judge informed the parties that, given his concerns, he would not accept the current plea deal,
The parties are slated to reconvene on Sept. 25, to discuss a revised agreement.
