DC Superior Court Judge Rainey Brandt sentenced a shooting defendant to 13 years concurrently for what she described as actions that caused what most would consider a nightmare on Aug. 15.
Santos Duarte, 25, pleaded guilty on April 24 to aggravated assault knowingly while armed, assault with a dangerous weapon, possession of a firearm during a crime of violence, and carrying a pistol without a license outside of home or business. The charges stem from his involvement in a non-fatal shooting that occurred on July 5, 2024, at a restaurant and bar on the 3500 block of 14th Street NW. One victim, the restaurant owner, suffered a gunshot wound to the leg.
The prosecution requested that Duarte receive a combined sentence of 15 years of confinement with five years of supervised release. They played CCTV footage of the restaurant shooting for Judge Brandt restricted to the bench since young children were in the courtroom.
Prosecutors stated that the video “spoke for itself” and expressed concern that, despite accidentally shooting himself in the groin area, Duarte chose to re-enter the building and continue shooting.
Duarte previously stated he felt trapped, but prosecutors argued that, based on the facts, the claim was not credible. Although Duarte does not have an extensive criminal history, prosecutors emphasized the violent nature of this charge and as well as a previous conviction.
Defense attorney Camille Wagner requested Duarte be sentenced to nine years of confinement with credit for time served and for the judge to consider imposing the Youth Rehabilitation Act (YRA).
The YRA allows those younger than 25 convicted of certain crimes to have their convictions sealed or cleared if they successfully complete their sentence. The measure also gives the judge flexibility in sentencing.
Wagner argued that on the night of the shooting, Duarte felt mentally trapped. Duarte has admitted to having substance abuse issues and was under the influence that night. He was shot, angry, and emotional, but he understands that re-entering the restaurant was wrong, asserted Wagner.
Wagner described her client as a “family man” who is heartbroken for his own family and the victim. She stated, “We don’t judge someone for what could happen, only what did,” and noted that thankfully no one was fatally injured and the victim has fully recovered.
Wagner urged Judge Brandt to consider every factor while sentencing Duarte and referenced another case of a defendant sentenced to seve-and-a-half years for killing their best friend. She highlighted Duarte’s artistic talent and aspiration to become a tattoo artist.
In a letter read by Wagner, Duarte apologized to his community, stating he “turned it into a war zone.” He thanked his family for their continued support and apologized to the court and prosecutors for his behavior.
Despite stage fright, Duarte spoke briefly after the letter was read, once again apologizing and stating, “I’m standing here before you to accept my consequences.”
Judge Brandt commended Duarte for his dedication and effort to use DC Jail resources positively, though she noted one disciplinary infraction.
She explained that comparing cases is a slippery slope because each case is unique and assessed differently. She ultimately denied Duarte sentencing under the YRA due to the disciplinary infraction, risk of re-arrest, and the recommendation that he complete both substance abuse and anger management treatment.
Wagner argued that the disciplinary infraction, making prison wine, reflects Duarte’s substance abuse issues. Judge Brandt stated there were other reasons detailed in the jail report that she would not discuss to protect Duarte’s privacy.
Judge Brandt described the shooting as similar to an active shooter situation, saying for most people it would be an “American nightmare” to hear gunshots while eating out with friends. She added that, as perverse as it sounds, she was thankful the shooting was targeted and not random.
Judge Brandt ultimately sentenced Duarte to eight years of confinement for aggravated assault knowingly while armed, concurrent with a five year sentence for possession of a firearm during a crime of violence, and five years of confinement for assault with a dangerous weapon, concurrent with one year for carrying a pistol without a license outside of home or business.
Duarte was sentenced to a total of 13 years of incarceration with five years of supervised release. He will also be required to complete substance abuse and anger management programs and register as a gun offender in DC upon his release.
No further dates were set.
