DC Superior Court Judge Carmen McLean sentenced a non-fatal shooting defendant to three years of imprisonment after passionate statements from both sides on Sept. 19.
A jury convicted Ni’Jhae Curry, 26, on March 19 of assault with a dangerous weapon, possession of a firearm during a crime of violence, endangerment with a firearm, two counts of carrying a pistol without a license outside a home or business, and possession of a prohibited weapon. The charges stem from her involvement in a non-fatal shooting on Oct. 17, 2023 on the 900 block of Sycamore Drive, SE.
According to court documents, Curry and the victim physically fought inside the building where they both lived. Curry then retrieved her gun, followed the victim outside, and fired one shot. The victim suffered from small lacerations to her face but no gunshot injuries.
At sentencing, the prosecution requested Curry serve five years each for the assault and possession of a firearm charges in addition to one year each for endangerment with a firearm, both counts of carrying a pistol, and possession of a prohibited weapon. The prosecutor requested all sentences run concurrently with three years of supervised release and one year of probation to allow Curry to receive mental health services.
“Home is where we go for rest, for comfort, it’s a place where we are supposed to have a sense of security. [Curry] ripped away that sense of safety and security from the victim,” said the prosecution. The prosecutor also noted Curry fired in “broad daylight, in a residential neighborhood.”
The prosecutor displayed photos of the two guns recovered from Curry’s car, including an AR-style ghost gun and noted that Curry admitted to Metropolitan Police Department (MPD) officers that they were her “house guns.” Despite Curry’s lack of criminal history, the prosecutor asserted the guns were evidence of her ongoing criminal conduct at the time of the incident.
The victim’s mother passionately urged Judge McLean to impose the maximum sentence and expressed “I find it impossible to forgive [Curry], I’ll never forgive her, I’ll never forgive her for what she did. She needs to go forever, please keep her until she hits menopause so she can’t bring anymore children into the world that act like her.”
“It’s in your bloodline to be the punk a** b**** that you are,” the victim’s mother addressed Curry in the courtroom and Judge McLean reminded her not to speak directly to the defendant. The mother also asserted that mental health should not be a factor in sentencing and Judge McLean asked her to respect everyone’s lived experiences.
The prosecution noted that “the victim lives with the trauma and still deals with the fact that she was assaulted with a gun in her own home.” They argued that the sentence requested addressed the victim’s pain and trauma in addition to concerns that Curry might commit future offenses.
Curry’s attorney, Kevann Gardner, requested she serve two years of imprisonment, with all time suspended except for time she’s already served, in addition to two years of supervised probation with 90 hours of community service and comprehensive mental health services.
Gardner requested a sentence 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. Curry was eligible for consideration under the YRA since she was 24 at the time of the offense.
Gardner described Curry as a “prime candidate for the YRA” because she is “a young woman who is dedicated to not let her past trauma derail her from a bright future.” According to Gardner, Curry’s father was violently murdered when she was two and her grandmother died when she was ten.
Additionally, Gardner disputed the prosecution’s characterization of Curry as not remorseful and said Curry looked forward to speaking with the victim. He also asserted that Curry’s possession of firearms does not inherently make her a bad person.
“Your honor, I respectfully ask for your leniency,” Curry’s mother said to Judge McLean.
A licensed clinical social worker asked the judge to consider the profound impact of early exposure to violence and trauma on Curry’s life when deciding her sentence. The social worker said Curry made a “commitment to the betterment of herself” during her incarceration.
“I stand before you now not as a criminal, but as a woman dedicated to growth, service, and purpose. As a first time offender, I ask for your grace,” said Curry to Judge McLean. Curry informed the judge that she earned her esthetician license, founded a business to provide these services, and a non-profit organization to teach other professionals.
During her incarceration, Curry said she focused on her personal development, including enrollment in Georgetown University’s Prisons and Justice Initiative, a program that provides incarcerated individuals with opportunities for their future. The week prior to sentencing, the program asked Curry to describe her story in seven words and she responded “I’m not who I used to be.”
“I treated you how others treated me,” said Curry to the victim, “I truly apologize for transferring that trauma over to you.”
Judge McLean said “The person presented to me today is a completely different person than I saw at trial… I’m trying to discern how much of this person is sincere.”
The judge said during the trial Curry presented “excuses and reasons…it seemed like a completely distorted view of what occurred.”
“I’m glad that you have done all of what you’ve done while you’ve been incarcerated. I really hope it’s sincere, but it doesn’t undo what you did,” said the judge to Curry. Judge McLean noted that Curry attacked another person completely unprovoked, shot a gun in a public place, and had two illegally obtained guns.
“I disagree with counsel that Curry is the perfect case for the youth act,” expressed Judge McLean although she decided to apply the YRA to Curry’s sentence.
Judge McLean sentenced Curry to four years of imprisonment, all but two suspended, for the assault charge and five years, all but three suspended, for the possession of a firearm charge. In addition to one year each for the endangerment charge, both counts of carrying a pistol, and possession of a prohibited weapon, all time suspended.
Curry’s sentences will run concurrently, a total of three years of imprisonment, followed by three years of supervised release, suspended in favor of two years of supervised probation. Upon her release, Curry will be required to register as a gun offender in DC, complete 90 hours of community service and stay-away from the victim and her daughter.
Judge McLean noted the law required a five year mandatory minimum for possession of a firearm but that the application of the YRA allowed her to suspend a portion of the sentence.
No further dates were set.
