A homicide defendant was sentenced to five years in prison on Sept. 12 by DC Superior Court Judge Neal Kravitz after accepting a plea deal. Meanwhile, immigration officials have placed a hold on the defendant as a result of his guilty plea which could lead to deportation.
Eliexander Lopez-Burgos, 25, pleaded guilty on June 27 to voluntary manslaughter and carrying a pistol without a license for his involvement in the fatal shooting of 38-year-old Carlos Blanco Fernandez on the 2200 block of New York Ave, NE on Nov. 16, 2023.
According to court documents, Fernandez died of a gunshot wound to his head in a drive-by shooting.
The prosecution advocated Lopez-Burgos serve six years in prison, which is the maximum sentence of the plea agreement. She argued that the prosecution’s plea agreement is already generous and Lopez-Burgos must be held accountable for the loss of a life.
“This was attempted revenge,” the prosecution said. “At the end of the day, he had no regard for the victim, no regard for the victim’s family, no regard for the impact on his family, or regard for himself.”
Lopez-Burgos’ attorney, Kevin O’Sullivan, argued for a four year sentence, the minimum amount of years under the plea agreement. He argued that prior to the homicide, Lopez-Burgos had no criminal record.
O’Sullivan presented Lopez-Burgos’ immigration story–after his father was diagnosed with a fatal medical condition, he moved from Venezuela to Colombia, Ecuador, Texas, and then DC at the age of 16, seeking safety for his wife and children and economic opportunity to pay for his father’s treatment.
Lopez-Burgos transition from Texas to DC was unstable, according to O’Sullivan, who argued that the community members he lived with “weren’t the best influences.”
Two days before the shooting, Lopez-Burgos became a victim of gun violence himself after he was shot at close range with his family in the car with him, according to the defense. He was hospitalized and police were involved, but no one was charged.
O’Sullivan argued that when Lopez-Burgos was released from the hospital, he was in a bad mental state and turned to marijuana. People in his community provided him with a weapon, and Lopez-Burgos testified during his sentencing that he attempted to shoot his shooter.
O’Sullivan argued that the two years of time already served were a “wake up call for” Lopez-Burgos. O’Sullivan told the court that Lopez-Burgos’ father passed away while he was incarcerated.
“This has devastated him to know that his actions contributed to this,” O’Sullivan said. “He died because he couldn’t get the medicine he needed.”
O’Sullivan also explained that Lopez-Burgos has deep remorse for the victim’s family. He argued that the prosecution had a weak case but Lopez-Burgos accepted guilt to assuage the victim’s family.
“But his actions speak louder than words,” said O’Sullivan. “His acceptance of the plea shows his remorse. This was not a case with overwhelming evidence. The prosecution couldn’t get key witnesses.”
Lopez-Burgos was also aware of the immigration detainers that would be placed on him if he pleaded guilty, disrupting his family’s life in the United States. He did so anyway.
“With everything going on right now, this may not be a quick deportation,” O’Sullivan said. “Four years is appropriate because he will likely be detained elsewhere which is not typical of others without the immigration factor.”
O’Sullivan also argued that Lopez-Burgos has taken steps towards rehabilitation, indicating that he is on the path to becoming a law-abiding person. He has addressed his substance abuse and mental health issues through regular participation in religious, writing, leadership, and painting programs provided by the DC Jail.
In his statement to the court, Lopez-Burgos expressed remorse for the victim’s family and a firm dedication to his own family.
“My family has always been my biggest form of support. Being away from them has been the biggest challenge of my life,” Lopez-Burgos said. “I am committed to being a better father, son, brother, and I am committed to creating a loving and stable environment for my family.”
Judge Kravitz accepted the plea agreement and sentenced Lopez-Burgos to five years in prison, drawing a compromise between the two parties. He found that the prosecution’s plea agreement was lenient but that the defense made strong arguments.
“The facts do sound like first-degree premeditated murder,” Kravitz said. “The defense presented mitigating facts that don’t justify what he did but provide significant context.”
No further dates were set.
