At Sentencing, Judge Says Defendant Has Been, ‘Raging For Decades’

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D.C. Superior Court Judge Pasichow sentenced an assault defendant to 14 months of incarceration with three years of supervised release on Nov. 15. This was the lowest sentence possible under the sentencing guidelines.

Steven Spencer, 28, was originally charged with assault with a dangerous weapon for his involvement in an incident on July 7 at the intersection of E and 8th Streets, SE, that left one person injured. 

According to the prosecution’s allocution, the dangerous weapon in this case was a wine bottle, which the defendant used to hit the victim over the head after they both got off a Metro bus. The victim required extensive care for a brain bleed.

Before requesting the sentence of 14 months with four years supervised release, the prosecution acknowledged the fact that Spencer assaulted the victim only after the victim stabbed him three times on the bus. Thus, the prosecution chose a sentence at the bottom of sentencing guidelines.

Although the prosecution understood the circumstances leading up to the crime, they said Spencer was not a good candidate for probation, considering his criminal history and inability to comply with pretrial release conditions.

Defense attorney Jamison Koehler described Spencer as a “charming” man who regretted his actions and wished he had never gotten off the bus to assault the victim. The defense argued the victim’s brain bleed was caused by a third man, who kicked him in the head as soon as he was off the bus. The defense said the third man has yet to be arrested.

The defense asked for 14 months of incarceration and three years of supervised release, with credit for time served. 

Despite giving Spencer the most lenient recommended sentences, Judge Pasichow denied probation citing the defendant’s criminal history, persistent drug usage, and past noncompliance with pretrial release conditions. 

Judge Pasichow explained that the incident showcases Spencer’s “rageful behavior,” saying, “Mr. Spencer has been raging for decades.” She required Spencer to seek drug treatment, anger management courses, and grief counseling.