‘I Feel Coerced Into This,’ Says Judge Sentencing Co-Defendants in Plea Deal

By Laura Berol - September 3, 2024
Court | Daily Stories | Non-Fatal Shooting | stabbing | Suspects |

DC Superior Court Judge Michael O’Keefe reluctantly gave Jamal Mathews, Stefon Freshley and Darnell Savoy the sentences recommended in their plea deal on Aug. 30.

Mathews, 34, Freshley, 28, and Savoy, 25, were originally charged with conspiracy, two counts of assault with intent to kill while armed, and two counts of aggravated assault knowingly while armed for a non-fatal shooting on Dec. 28, 2018, on the 200 block of 54th Street, NE. The incident left a father and his juvenile son with life-threatening injuries.

On March 29, Mathews, Freshley and Savoy accepted a “wired” plea offer, so called because it is valid only if all co-defendants accept it.

Mathews pleaded guilty to aggravated assault knowingly while armed against a minor, aggravated assault knowingly while armed, and obstruction of justice. In return, the prosecution agreed to dismiss all other charges in this case and all charges in the case of an alleged stabbing at the DC Jail on July 30, 2019.

The plea deal recommended 17-to-26 years’ incarceration for Mathews.

Freshley pleaded guilty to assault with intent to kill against a minor and assault with a dangerous weapon. In return, the prosecution agreed to dismiss all other charges in this case and all charges in the case of an alleged stabbing on the 300 block of 53rd Street, NE, in the Clay Terrace community on Oct. 11, 2022, while Freshley was on pretrial release for this case.

The plea deal recommended seven-and-a-half years’ incarceration for Freshley.

Savoy pleaded guilty to assault with intent to kill against a minor, assault with intent to kill, and using, carrying and possessing a firearm in furtherance of a drug trafficking offense. In return, the prosecution agreed to dismiss all other charges in this case and all charges in a case stemming from the same alleged stabbing that Mathews was charged with.

The plea deal recommended nine years’ incarceration for Savoy.

At the sentencing, the prosecutor read a victim impact statement from the older of the two victims.

“Just imagine, as a father, I saw my firstborn helpless, foaming at the mouth, as if he had already passed on,” the victim said about his experience of the shooting. “I was told he had a long shot to make it.”

“After 10 days in the ICU [intensive care unit] and the surgeries, the rehabilitation started,” the victim said. He described his son relearning how to walk, talk and use the bathroom.

“Once the unemployment insurance ended from my job, we had no income,” the victim said. His injuries from the shooting left him unable to do his former job, and his family of five had to leave their home and move in with another family.

Judge O’Keefe asked the prosecutor why he should accept this plea deal.

“They [the victims] support the idea that this case will be resolved,” the prosecutor said. “Every time this case comes up, it just sends them back. It just makes their progress harder.”

The prosecutor suggested that sentencing Mathews to 26 years in prison could deter others from crime.

“We’re talking about someone who is looked up to in Clay Terrace,” the prosecutor said. “Mr. Mathews is by far the most culpable in all of these cases.” 

Judge O’Keefe asked about the case against Savoy for an alleged stabbing at Clay Terrace that would be dropped if Judge O’Keefe accepted the plea deal.

The prosecutor said the stabbing victim had known Savoy for his whole life and was reluctant to testify against him but supported the plea deal.

“Mr. Freshley–you have him on tape stabbing someone in the DC Jail?” Judge O’Keefe asked the prosecutor.

“We don’t agree with that characterization, that he was shown on video repeatedly stabbing someone,” said Savoy’s defense attorney, Christen Philips. She said Savoy’s DNA had not been found on the two shanks recovered from the alleged stabbing.

“Mr. Freshley deserves more time in jail than this. The only reason I’m accepting it is that the victims want closure,” said Judge O’Keefe. “I feel coerced into this.”

Judge O’Keefe gave Mathews a sentence of 26 years and gave Savoy and Freshley the recommended sentences. He sentenced each of them to five years of supervised release after their prison terms end and ordered each to pay $2,000 to the Victims of Violent Crime Fund.

Freshley, Savoy and Mathews apologized for their offenses in statements to the court.

Kyle McGonigal, Savoy’s defense attorney, said that his client has been involved in a peacekeeping program at the DC Jail and is learning to be a mentor to other young men.

“He wants to do everything he can to help prevent street violence and any violence,” McGonigal said. “The program he’s participating in at the jail is aimed at doing just that.”

“I took a course from Howard University that focuses on communication skills,” Freshley said in a statement read by his defense attorney, Molly Bunke. “I have learned to be patient.”

“It was never my intent to hurt [the victims],” Mathews said. “This was a mistake. This was something that wasn’t meant to happen.”

“People do these terrible, terrible things,” said Judge O’Keefe. “The person who gets caught comes in and says, ‘I didn’t mean to shoot them.’ Of course not, but you didn’t have the common sense not to take out a gun and shoot it.”

No further hearings are scheduled in these cases.