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By
Hypatia Fitzsimons [former]
- December 6, 2023
Daily Stories
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Homicides
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Shooting
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Suspects
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Victims
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On Dec. 6, co-defendants submitted plea agreements to DC Superior Court Judge Anthony Epstein for their connection to a 2017 homicide case.
Gabriel Brown, 34, and Antonio Upshaw, 34, are charged in connection with the death of 24-year-old Tyrone Johnson. Johnson was fatally shot at the 2300 block of Pennsylvania, SE, on March 10, 2017.
Upshaw was released on home confinement in November of 2022. Brown is still being held at the DC jail.
The offer extended by prosecutors for Brown requires him to plead guilty to one count of second-degree murder in exchange for the dismissal of all other charges.
As for Upshaw, the offer requires him to plead guilty to one count of accessory after the fact to second-degree murder, in exchange for a dismissal of all other charges.
Judge Epstein went through all the procedural questions to ensure both defendants understood the conditions of pleading guilty.
He said he needs time to review before making his decision.
The defense attorney for Brown, Lee Smith, informed the court Brown must serve time elsewhere for an unrelated matter delaying the sentencing for Johnson’s homicide which Lee wants to happen as soon as possible.
It will take a couple months for Upshaw’s pre-sentencing report.
The prosecutor said “I do not wish to prolong this matter.” She recognized the sentencing will be an emotional time for the victim’s family. For this reason she wants “one time the family has to go through this.”
Judge Epstein agreed with the prosecutor and decided both defendants will be sentenced on the same day.
The parties will return for sentencing on Feb. 9, 2024.