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By
Adriana Marroquin
- October 27, 2023
Court
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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 Oct. 27, DC Superior Court Judge Michael O’Keefe sentenced homicide defendant, Andre White, to 16 years incarceration for involvement in his friend’s death.
White, 50, was originally charged with premeditated first-degree murder in the fatal shooting of 38-year-old Darnell Bernard Shaw Jr., also known as DJ, on Nov. 9, 2022, on the 1300 block of Savannah Street, SE.
On Aug. 25, White accepted a plea offer extended by prosecutors that required he plead guilty to one count of voluntary manslaughter in exchange for a guarantee that the prosecutors would not indict the case.
Shaw’s family members at the hearing were unhappy with the plea agreement and proposed sentences, arguing that it was not enough to provide justice and closure for their family.
Shaw’s brother stated “We’re here due to a flawed system,” arguing that it doesn’t make sense that an individual who takes another person’s life can only serve between eight-and-a-half-to -16 years incarceration. “My brother’s gone, we can’t change that,” he said, telling White that he left his forgiveness up to Shaw’s mom and God.
According to his brother, Shaw “wasn’t a perfect man, but he was loyal… he didn’t have much, but would give [to others] what he could”.
Shaw’s aunt said, “You don’t just hurt their victim, you hurt their family and others,” arguing that their family has experienced a great loss since Shaw’s life was taken. “He’s dead, do you feel better? Does it make you more of a man? No, you’re a murderer,” she insisted.
Shaw’s other brother said to White “I’m sorry you have to go through this situation by yourself,” referring to the fact that no one has shown up to support White in any hearing. He continued by saying “I hope this court gives you what you deserve”.
Shaw’s mother mentioned Shaw’s and White’s six-year friendship, stating that when she had to go to work at 4 a.m. White would be the one to walk her to the bus stop. “Andre, you have denied me holidays and birthdays with him,” Shaw’s mom said.
“You were spiteful,” she said, insisting that he strategically planned the killing by her sister’s house. According to Shaw’s mom, during an earlier altercation on Nov. 2, 2022, White told Shaw he was going to kill him.
“You had to shoot him in the back four times, like a coward,” she insisted. Shaw’s mom told White she forgives him, but “had the opportunity been different, I’d be in your seat, and you’d be a dead man… but that wouldn’t do justice to my family”.
“I loved you like I love my son,” Shaw’s mother proclaimed. “You will suffer… Andre, DJ will visit you tonight,” she said, to which White replied “He visits me every night.”
Prosecutors argued that there is “no question that it was first-degree murder,” but they offered the voluntary manslaughter agreement because they were unsure if a DC jury would see it that way based on the defense’s arguments.
Prosecutors claimed that White had taken “reluctant, half-hearted accountability,” stating that he did not take full responsibility for his actions, but rather blamed the victim during his pre-sentence report.
As part of their allocution, prosecutors displayed a video made as a tribute to Shaw by his brother.
Quo Mieko Judkins, White’s defense attorney, acknowledged the tragedy the Shaw family is experiencing, and stated that “White wishes he could go back in time,” and “apologizes to [Shaw’s] loved ones”.
Judkins argued that this case is an example of imperfect self-defense. Justia, a website specializing in legal information, explains imperfect self defense argues that “while the defendant’s actions were unjustified, they did not have the malice element that is required to get a murder conviction”.
According to Judkins, during a Nov. 2, 2022 altercation, Shaw broke White’s arm with a baseball bat, which required two surgeries to repair while he’s been incarcerated. She claims that the altercation stemmed from a dispute about drugs and name-calling, in which they called one another “crackheads” and White called Shaw a “sorry-a** drug dealer”.
During the altercation, White told Shaw “you better not hit me with that bat. If you hit me I’ll fu****g kill you”.
According to Judkins, White believed that Shaw was going to do something to him on Nov. 9, 2022, and that’s why he shot him. She argued he’s accepted responsibility, and 16 years behind bars for someone with the health issues White deals with is a “death sentence”.
White was diagnosed with Lupus, Multiple Sclerosis (MS), and Sickle Cell Syndrome, according to Judkins. He also deals with trauma from his childhood, and is a survivor of 14 gunshots. Has a longstanding addiction to drugs, and “regrets that this happened”.
Judkins requested Judge O’Keefe impose a sentence of eight-and-a-half years given his difficult life experience.
After expressing condolences to the family, Judge O’Keefe imposed a 16 year sentence. White is required to serve five years of supervised release, register as a gun offender, receive anger management, mental health, and substance abuse assessments and treatments, as well as participate in Cognitive Behavioral therapy.
“You ruined two lives here, ruined your life and took [Shaw’s] life,” Judge O’Keefe said. “You’re essentially stuck with the consequences. Good luck, sir”.