‘I Forgive You, Even If You Don’t Care,’ Says Victim’s Mother During Sentencing

By Ashley Drazka , Rohan Naval - February 18, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On Feb. 16, DC Superior Court Judge Robert Okun accepted a plea deal and sentenced co-defendants for their involvement in a homicide.

Malachi McFarland, 23, and Andre Smith, 26, were charged with first-degree murder while armed, possession of a firearm during a crime of violence, and unlawful possession of a firearm with a prior conviction for their involvement in the fatal shooting of 29-year-old Kerry Odoms on April 15, 2021 at the 3300 block of 10th Place, SE.

On Oct. 30, 2023, both defendants accepted a plea offer extended by prosecutors, which required the defendants to plead guilty to one count of second-degree murder while armed in exchange for a dismissal of all other charges.

Through the agreement, parties agreed to a sentencing range of 12-to-18-years for McFarland and 16-to-18 years for Smith.

During the hearing, Odoms’ mother delivered a victim impact statement, in which she recounted how Smith frequented her house and how he “ate at my table, and wore my son’s clothes. He was treated like a son by me”.

She was agonized by the loss of her son, stating that “my children were supposed to bury me, not the other way around”. Odoms’ mother was also upset that the defendants never offered an apology and stated “I forgive you, even if you don’t care.”

The prosecution presented arguments in favor of sentences at the higher end of the range for both defendants.

The prosecutor argued that they were both “equally culpable” and that the proposed sentence of 18 years for McFarland and Smith was “extremely generous” while noting that “the behavior was just absolutely horrible”.

Prosecutors presented two videos of the incident, in which Smith can be observed firing at Odoms and then running. McFarland runs away from the gunshots, but then returns to shoot Odoms, ultimately killing him. Prosecutors state that “we will never know the motive,” in relation to the shooting.

Jessica Willis, McFarland’s defense attorney, addressed Odoms’ family and consoled them for their loss. They chose to share a letter from McFarland’s mom, which asked Malachi “how are you going to start to repair the harm?”

Willis noted that McFarland has taken many steps towards rehabilitation since being incarcerated, such as enrolling in college courses and taking classes on parenting skills.

She requested a 12 year sentence, stating that he was “uniquely deserving” of a lower sentence because of his “painful history” and willingness to change.

McFarland directly addressed the Odoms’ family and apologized for his actions, saying “I took your son away, and you can never get him back. There is no excuse”.

Thomas Key, Smith’s defense attorney, argued that Smith knew what he did was wrong, but nevertheless “two wrongs don’t make a right”.

“I apologize to the victim’s family and to my family,” said Smith.

Judge Okun addressed Odoms’ family saying “This is absolutely a very, very tragic situation. No matter what I do today, you are never going to get your son back, and for that, I am sorry.”

When sentencing McFarland, Judge Okun stated that it was “not something that McFarland started, but he surely finished it”. However, Judge Okun also noted that “actions speak louder than words” and that McFarland’s current actions are that of someone who wants to change.

McFarland was sentenced to 14 years of incarceration and 5 years of supervised release.

“It is clear to me that Smith started this completely unprovoked,” said Judge Okun, adding that he has not made any effort to turn his life around.

Smith was sentenced to 18 years of incarceration and 5 years of supervised release.

There were no further dates set.