DC Superior Court Judge Andrea Hertzfeld sentenced a defendant who fired shots into a crowd on his son’s block to 24 months in prison on Sept. 21.
Darius Brown, 24, pleaded guilty on July 9 to aggravated assault knowingly and carrying a pistol without a license outside a home or business for his involvement in a shooting on April 24 on the 200 block of W Street, NW. The victim sustained a shot to his hand.
Judge Hertzfeld sentenced Brown to 34 months in prison for aggravated assault, with all but 24 months suspended, and 366 days for carrying a pistol without a license, with all but 365 days suspended. The sentences will run concurrently, followed by one year of probation. Brown must register as a gun offender upon his release.
In court, prosecutors played surveillance videos of Brown firing toward a crowd of more than 10 people. The video showed one shot that struck the victim, while another hit a propane tank on the porch of a residence.
The prosecution requested 34 months in prison for aggravated assault and 12 months for carrying a pistol without a license, to be served concurrently.
According to the prosecution, Brown went to the incident location to pick up his son, who lived there with his grandmother. “He’s firing a gun on the same block in which his son lives,” the prosecutor said.
Judge Hertzfeld described this as “an absolutely horrible fact to learn.”
Brown apologized to the victim and to his son’s grandmother. “I was scared that day, but that is not an excuse,” Brown said, “Give me a chance… to show you I am better than what I did that day.”
Judge Hertzfeld said it was “a miracle that one of those people isn’t dead,” and it was only because Brown was a “bad shot.”
Brown’s attorney, Alvin Thomas, requested his client receive time served only, and argued that Brown acted out of fear. Thomas asserted this was Brown’s first conviction and showed the court photos of Brown with his family.
“I don’t believe he’ll be back in court,” Thomas said.
Thomas also requested that Brown receive a sentence under the Youth Rehabilitation Act (YRA), which allows sentencing flexibility for defendants who commit offenses under the age of 25 and the potential to have their conviction sealed upon successful completion of requirements.
Judge Hertzfeld denied the request, stating, “When I look at a balance of factors… all of those weigh against a Youth Act sentence.” Judge Hertzfeld asserted that the YRA is meant for “youthful indiscretion,” and noted Brown’s prior arrests for gun possession and misconduct while in jail.
However, Judge Hertzfeld said Brown could be reconsidered for the YRA if he successfully completes probation.
No further dates were set.
