DC Superior Court Judge Michael O’Keefe accused a non-fatal shooting defendant of faking mental illness to manipulate the court process during a sentencing on Sept. 26.
Anthrone Cabos, 28, pleaded guilty on Dec. 9, 2024 to aggravated assault and unlawful possession of a firearm with a prior conviction for his involvement in a non-fatal shooting on June 28, 2020 on the 600 block of Condon Terrace, SE. Cabos fired one shot into the victim’s stomach.
As part of the plea deal, parties agreed upon a sentence of four years of imprisonment with three years of supervised release. At sentencing, Judge O’Keefe expressed hesitation with the agreement but allowed parties to present arguments.
The prosecutor requested Cabos serve four years for the assault charge and one year for the possession charge, to run concurrently followed by three years of supervised release. “This is a case that was riddled with evidentiary hurdles” that required lengthy litigation, said the prosecutor, and elaborated that the case was circumstantial and grew weaker over time.
Judge O’Keefe questioned the victim’s opinion about the terms of the plea agreement. The prosecutor said before the plea was offered to Cabos, she spoke with the victim and weighed the pros and cons of proceeding to trial. After extensive deliberation, the prosecution extended the plea because there was a possibility of acquittal and the victim would have had to relive the incident if they proceeded to trial.
According to the prosecutor, the victim did not want to attend the sentencing or provide a statement because she wanted to put the incident behind her. “[The victim’s] physical injuries have healed to some extent [but] the emotional scars will be ones she carries with her forever,” said the prosecutor.
Kevin O’Sullivan, Cabos’attorney, asked the judge honor the plea agreement and sentence Cabos under the Youth Rehabilitation Act (YRA), which allows people under 25 who are convicted of certain crimes to have their convictions sealed or cleared after they successfully complete their sentence and potentially offers sentencing flexibility for the defendant.
O’Sullivan noted Cabos’ early life was “marked by extreme neglect, abuse, and mistreatment.” According to O’Sullivan, Cabos grew up without a father figure and “there’s a documented history of physical abuse at the hands of his mother” that led to his placement in foster care. In foster care, Cabos “was preyed on by the adults who were supposed to be caring for him,” said O’Sullivan.
While incarcerated, O’Sullivan asserted Cabos made steps to address the abuse and “his decision to accept responsibility” was indicative of his growth. He added that Cabos planned to obtain his GED with the ultimate goal of pursuing higher education and succeed in the community.
“How is taking responsibility faking mental illness,” questioned Judge O’Keefe? He continued, “I don’t know why [Cabos] gets any credit for taking responsibility…he’s manipulating the court process. My own belief is that he wanted to stay in DC Jail and did not want to be sent out to the feds.” Convicted DC inmates are sent to the Federal Bureau of Prisons (BOP) to serve their sentences.
According to Judge O’Keefe, the Department of Behavioral Health (DBH) ultimately concluded Cabos malingered during his mental evaluations. Court records indicate Cabos refused to comply with mental observations twice before DBH deemed him competent on Aug. 27.
Cabos admitted he did not want to be sent to the BOP, but argued remaining in the DC Jail did not change the amount of time he served, and it was easier to communicate with his family. “We could have found another way to prolong it, the mental health had nothing to do with it,” said Cabos.
“I was very aggressive, very selfish…I’ve done some things wrong. As a man, I’ve grown tremendously since my incarceration,” said Cabos. “One thing I’ve learned in this incarceration in comparison to my many other incarcerations: It starts here. It’s about moving forward. I’m accepting full responsibility.”
“I’m glad you spoke up because you confirmed you were in fact manipulating the court by pretending that you were mentally ill for your own purposes,” said Judge O’Keefe. “Based on the stuff you’ve been doing, I wouldn’t have thought twice about giving you 20 years. Four years is ridiculous,” said the judge.
Judge O’Keefe noted that while on release for this case, Cabos was arrested for a separate non-fatal shooting and illegal possession of firearms. Despite his frustration, Judge O’Keefe noted the value in resolving the case and lack of objection from the victim.
“I’ll accept the [sentence], reluctantly; I was prepared not to accept it,” said the judge. Judge O’Keefe denied the request to implement the YRA and sentenced Cabos to four years of imprisonment for aggravated assault and two years for unlawful possession, concurrent with each other and followed by three years of supervised release.
During Cabos’ supervised release he will be required to register as a gun offender in DC, complete a mental health evaluation, substance abuse treatment, participate in life skills and violence reduction programs, and stay-away from the victim and incident location.
No further dates were set.
