Defendant Pleads Guilty to Possessing Firearm But Not to Discharging It

By Laura Berol - May 30, 2024
Daily Stories | Non-Fatal Shooting | Suspects |

“It was a mistake,” Daniel Fula told DC Superior Court Judge Errol Arthur in the process of accepting a plea deal from the prosecution on May 30.

Fula, 34, was indicted in April on charges of endangerment with a firearm, unlawful discharge of a firearm, unlawful possession of a firearm with a prior conviction for a crime of violence, carrying a pistol without a license outside a home or business, possession of a prohibited weapon, possession of an unregistered firearm, unlawful possession of ammunition, unlawful possession of liquid PCP, and destruction of property less than 1,000 dollars for his involvement in a shooting that occurred on the 1600 block of New York Avenue, NE, on Feb. 28. No injuries were reported.

The plea deal required Fula to plead guilty to unlawful possession of a firearm with a prior conviction greater than one year, which carries a mandatory minimum sentence of one year and a maximum sentence of 10 years and/or a fine of $250,000. In return, the prosecution agreed to drop all other charges stemming from the incident.

According to the prosecution’s proffer of facts, Fula was knowingly and intentionally in possession of a handgun in a hotel parking lot on Feb. 28, in spite of his knowledge that it was unlawful for him to possess a firearm due to a prior conviction. The prosecution asserted that Fula discharged the firearm multiple times into the air.

“Was what she [i.e., the prosecutor] stated correct?” Judge Arthur asked Fula.

“Yes, well, it was a mistake,” Fula answered.

At the direction of Judge Arthur, Fula consulted briefly with his lawyer, Camille Wagner.

“He is not pleading guilty to unlawful discharge. It’s possession of a firearm,” Wagner explained to Judge Arthur. “He is just saying that the firing of the firearm into the air was a mistake, but the possession of the firearm was not a mistake.”

Judge Arthur accepted the plea deal and found Fula guilty.

The parties are scheduled to return on Aug. 6 for sentencing.