Judge Sentences Defendant for Armed Robbery After Murder Charge Dropped

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A DC Superior Court judge sentenced a defendant to serve five years for an armed robbery that led to a fatal shooting.

On June 12, 2018, Bernard McKinney was involved in a robbery on the 300 block of 50th Street, NE, during which one of the victims, 24-year-old Daymond Chicas, was killed by an unidentified person. According to the prosecution, McKinney had more contact with the surviving victim during the robbery.

“I’m really sorry for what happened,” McKinney said during the May 11 hearing, “I wish I could go back in time and fix the whole situation.”

The defendant was 17 at the time. He was initially charged as an adult with first-degree murder while armed under the felony murder rule and later indicted on a number of firearms and robbery related charges. As part of an agreement with the prosecution, he pleaded guilty to armed robbery in exchange for all other charges being dropped.

Judge Neal Kravitz sentenced McKinney to 72 months, all but 60 of which was suspended, plus three years of probation. He agreed to sentence him under the Youth Rehabilitation Act (YRA), which will effectively seal his case after he completes his requirements.

Judge Kravitz said McKinney’s progress led him to believe the YRA was appropriate.

Defense attorney Pierce Suen said his client used to think he wouldn’t graduate high school, but has now done so and is taking college classes. He asked Judge Kravitz to recommend, to the Bureau of Prisons (BOP), to place him in a facility where some higher education is available to him. The judge agreed to do so.

The prosecutor, however, opposed Suen’s YRA request.

“This is not something new, this is an escalation,” she said, referring to McKinney’s criminal history.

The prosecutor also said the surviving victim told her he watched his friend, Chicas, die – something he will always have to live with.

But Suen said his client understands the consequences of gun violence, given its presence in the community he grew up in.

“He knows precisely what it feels like to watch someone die,” Suen said.

As part of his probation, McKinney must continue his education, complete 90 hours of community service and pay $100 to the Victims of Violent Crime (VVC) compensation fund.

Andrea Keckley wrote this article.