Defense Attorney Asks Judge to Reconsider ’Overly Harsh’ Sentence for Shooter

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A convicted shooter’s defense attorney requested DC Superior Court Judge Erik Christian reconsider his “overly harsh” sentence during a July 2 hearing.  

Marquette Brown, 37, was initially charged with charged with assault on a police officer while armed, unlawful possession of ammunition, unlawful discharge of a firearm, possession of an unregistered firearm, possession of a firearm during a crime of violence, and carrying a firearm outside of a home or business for his involvement in a non-fatal shooting on Feb. 11, 2022, at the 4500 block of Benning Road, SE. No injuries were reported. 

According to court documents, the incident stemmed from an altercation between Brown and an officer after Brown refused to wear an appropriate COVID-19 mask required at the time in a Department of Motor Vehicle (DMV) location. 

During the altercation, the firearm fell from the officer’s belt, Brown picked it up and proceeded to discharge said firearm in the DMV, according to court documents.

On Oct. 20, 2023, Brown accepted a plea deal for attempted aggravated assault knowingly, unlawful discharge of a firearm, and unlawful possession of a firearm by a prior convict, in exchange for a dismissal of all other charges. 

Brown was sentenced to 30 months on Feb 13. 

On May 13, Brown’s defense attorney, Adgie O’Bryant Jr., filed a motion to reduce Brown’s sentence. 

In his motion, O’Bryant asked the court to “reconsider the fairness of Brown’s sentence,” and called the sentence “overly harsh.”

According to O’Bryant, Brown was “sentenced for less time than suggested under DC Voluntary sentencing guidelines,” but O’Bryant argued in his motion that a combination of mental illness and drug abuse resulted in Brown’s offenses. 

The motion insisted that “if [Brown] is given a second chance that he will take full advantage of it and not appear in the criminal justice system again.”

Brown is currently being held in a prison in Pennsylvania and was not present during the hearing. 

All parties agreed that the hearing was unproductive without Brown, and Judge Christian ordered that he appear on Web-Ex during the next hearing. 

Parties are slated to meet Sept. 6.