Homicide Defendant Waives Right to Preliminary Hearing and Pleads Guilty

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On Dec. 13, a homicide defendant waived his right to a preliminary hearing and accepted a plea agreement extended by prosecutors in DC Superior Court Judge Rainey Brandt‘s courtroom.

David Botchway, 20, was originally charged with second-degree murder while armed for his involvement in the fatal shooting of 19-year-old Andre Baker on Aug. 5, on the 1200 block of U Street, NW.

During the hearing, Kevin Mosley, Botchway’s defense attorney, alerted the court he was waiving his right to a preliminary hearing and accepting a plea offer.

According to Mosley, the offer required Botchway plead guilty to second-degree murder while armed in exchange for the prosecution not seeking an indictment in the case. Parties agreed to a sentencing range between 16-and-20 years imprisonment, with five years of supervised release.

Judge Brandt reminded Botchway that in the District there is a maximum sentence of 40 years for second-degree murder.

Prosecutors argued that, had the case gone to trial, they would’ve proved beyond a reasonable doubt that on the day of the incident Botchway shot and killed Baker by shooting him in the head and torso. According to the prosecutor, Baker and two friends, one with whom he was arguing, were at a bus stop on U Street when Botchway approached them and shot Baker.

Officers with the Metropolitan Police Department (MPD) saw the suspect run away from the area of the incident, and engaged in a foot chase with Botchway. He was arrested shortly after, and a gun was recovered in his possession.

According to the prosecutors, the shooting was unprovoked, and Botchway did so with malice and conscious disregard for Baker’s life.

Botchway agreed to the proffer, but argued that the backstory leading to the incident was not discussed. There were no further representations on the backstory.

A sentencing hearing is scheduled for March 8, 2024.

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