An exasperated judge sentenced a relapsing gun offender to 19 months in jail during a hearing on May 1.
DC Superior Court Judge Andrea Hertzfeld seemed at a loss to understand how Jose Navarro’s criminal history keeps repeating itself after three previous convictions.
“This is the fourth time around the block. What’s going on here? I don’t get it,” said the judge.
According to court documents, Metropolitan Police Department (MPD) officers responded to a ShotSpotter alert of gunfire on the 1800 block of Hamlin Street, NE on Feb. 12. Based on an anonymous tip, police detained 40-year-old Navarro. During a search, they located a Glock 10 .45 caliber pistol in Navarro’s waistband, along with seven .45 caliber shell casings nearby.
Navarro was originally charged with unlawful discharge of a firearm, carrying a pistol without a license and unlawful possession of a firearm with a felony conviction of more than one year. No one was injured during the incident.
However, on Feb. 18, Navarro pleaded guilty to the unlawful possession charge in return for resolving the case.
During sentencing, the prosecutor emphasized that Navarro is “not a good candidate” for probation and he committed the “exact same crime” while on release. A review of the records shows Navarro has a lengthy criminal history in Maryland.
In 2007 he was charged with carrying a handgun and possession of a regulated firearm in Prince George’s County. He pleaded guilty in 2009. Again, in Prince George’s County, he was charged with a firearms violation in 2012 and entered another guilty plea.
In Baltimore City in 2022, Navarro was accused of first-degree and second-degree assault, use of a dangerous weapon with the intent to injure and reckless endangerment. The case is inactive but still open. He was also charged in Baltimore in 2023 with second-degree assault, but so far no conviction.
His assault and felony possession convictions resulted in a five year sentence in Maryland, according to the prosecutor who recommended a 19 month sentence, in the bottom third of the guidelines for Navarro’s current offense.
Joseph Molina, Navarro’s attorney, explained that Navarro was impaired by Tequila and anti-depressant medications when he fired shots in the air and can’t remember what happened. Further, Molina said, Navarro was distraught because he found out his former lover was pregnant by another man.
“He’s a man who went into a spiral,” said Molina. The situation sent Navarro into “a black hole,” he continued, asking for a 14 month sentence, which was a penalty at the bottom of the guidelines.
Navarro then took the opportunity to make an in court apology to his family. “I just want to say I’m sorry.”
Judge Hertzfeld was unmoved.
“You just keep getting yourself into trouble,” she said. The judge went along with the prosecutor’s recommendation and imposed a 19 month sentence with three years of supervised release. Navarro must also pay $100 to the Victims of Violent Crimes Fund and register as a gun offender.
“You can’t possess a gun under any circumstances,” said Judge Hertzfeld at the end of the proceeding.
No further hearings are scheduled in the case.
