DC Superior Court Judge Michael Ryan denied release for a non-fatal shooting defendant who accepted a plea deal in a hearing on Aug. 21.
Lafonzo Williams, 58, was initially charged with assault with intent to kill while armed, aggravated assault while armed, and two counts of possession of a firearm during a crime of violence. The charges stemmed from his involvement in a shooting on May 23 at the intersection of Georgia and Missouri Avenues, NW.
At the hearing, Williams pleaded guilty to aggravated assault and possession of a firearm during a crime of violence. In exchange, prosecutors dismissed the remaining arrest charges and will not seek an indictment with additional charges related to the offense.
The parties also agreed to a sentence of five years in prison for each charge, to run concurrently, followed by three years of supervised release. The agreed-upon sentence is subject to Judge Ryan’s approval at sentencing.
Without the agreement, aggravated assault carries a maximum of 10 years in prison and possession of a firearm during a crime of violence carries a maximum of 15 years in prison.
If the case had proceeded to trial, the prosecutor said the evidence would have shown that around 4 p.m. on the day of the offense, Williams drove his significant other’s vehicle on Georgia Avenue, NW. Williams and the victim, who drove his girlfriend’s vehicle, had a verbal altercation in which they both yelled at each other.
When both vehicles stopped at a red light, Williams exited his vehicle, retrieved a pistol, and fired eight rounds at the driver’s side door of the vehicle the victim drove. The shots struck the victim and he was transported to a hospital. Williams acted intentionally and without legal justification, concluded the prosecutor.
After her client accepted the plea deal, Elizabeth Weller, Williams’ attorney, asked for his release to home confinement with limited permission to work while he awaits sentencing. Weller said Williams’ family is reliant on his income and he is the primary person responsible for his family’s affairs.
With Williams’ incarcerated it has been “a real struggle for them, since he’s not home and able to contribute,” Weller said. If released, Weller noted Williams could return to his work as a mechanic.
The past fall, Weller said Williams got married and the couple had not yet combined their finances. According to Weller, Williams’ attempts at the DC Jail were unsuccessful.
Weller also emphasized that Williams’ criminal history was dated and he did not plan or organize the shooting.
The prosecutor noted Williams would not pose a flight risk, but opposed his release. The law and particular statute state that Williams should remain detained, the prosecutor asserted, and the defense had not provided clear and convincing evidence to rebut that presumption.
“It’s dated but it can’t be discounted,” the prosecutor argued about Williams’ criminal history. He added that the offense occurred in a split-second, provoked by a disagreement, in broad daylight, and at a busy intersection.
The prosecutor sympathized with Williams’ financial circumstances but said the issue should be resolved with the jail.
“I don’t have the basis for release, I’m sorry,” said Judge Ryan, although he expressed that he wanted Williams’ to have the chance to organize his affairs.
Based on the facts of the case, Judge Ryan found no clear and convincing evidence that Williams could safely be released to the community.
“I have to follow the law,” concluded Judge Ryan but expressed hope that Williams could establish a line of communication at the jail to resolve his affairs.
Williams’ sentencing is scheduled for Oct. 23.
