The prosecution told DC Superior Court Judge Todd Edelman on May 19 that they will not oppose a shooting defendant’s withdrawal of his guilty plea following a mandate from the DC Court of Appeals.
Alvin Jackson, 32, was initially charged with conspiracy while armed, three counts of assault with intent to kill while armed, three counts of possession of a firearm during a crime of violence, and three counts of criminal street gang affiliation for his alleged involvement in a non-fatal shooting that injured three people on May 2, 2020 on the 5000 block of H Street, SE.
In a separate case, Jackson was charged with aggravated assault knowingly while armed for his alleged involvement in a stabbing at the DC Jail on the 1900 block of D Street, SE on Aug. 5, 2022.
Jackson pleaded guilty on April 20, 2023 to assault with intent to kill while armed in the shooting case and assault with a dangerous weapon in the stabbing case. Then, on Dec. 19, 2023, DC Superior Court Judge Anthony Epstein sentenced Jackson to a total of 12 years of imprisonment for both charges, followed by five years of supervised release.
A mandate from the DC Court of Appeals filed on March 13, vacated Judge Epstein’s prior ruling and ordered the trial court to reassess whether Jackson could withdraw his plea.
According to the Court of Appeals ruling, Jackson’s former attorney, Euphus Belu-John, incorrectly said he could talk the judge down to an eight-year sentence, despite the plea agreement requiring a 12-year sentence. The mandate stated that Judge Epstein found Belu-John made these statements but denied the motion because Jackson did not demonstrate the incorrect advice caused him to accept the plea offer.
However, the appellate court declared Judge Epstein misinterpreted the factors considered in a motion to withdraw a guilty plea. The law does not require Jackson to demonstrate that his ineffective counsel prompted his guilty plea.
At the hearing, the prosecutor said they will not oppose Jackson’s withdrawal of his guilty plea.
Steven Kiersh, Jackson’s current attorney, informed parties that Jackson was not present because he was in custody of the Federal Bureau of Prisons (BOP). As a result, parties scheduled a new hearing to allow time for Jackson’s transfer back to DC.
The parties are scheduled to reconvene on July 17.
