Judge Deems Shooting Defendant ‘A Menace’ in Sentencing

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DC Superior Court Judge Andrea Hertzfeld sentenced a defendant who pleaded guilty for a shooting to three years of incarceration. The judge addressed him prior to sentencing on June 13, asserting “for some period of your life, you’ve been a menace.”

Kevon Austin, 30, was originally charged with assault with a dangerous weapon and carrying a pistol without a license for his involvement in a shooting that occurred on Feb. 21 on the unit block of M Street, NE. The detectives’ investigation revealed the individuals involved were shooting at each other.

According to court documents, officers responded to the location for the report of a shooting, where they located an adult male victim suffering from gunshot wounds. Austin and another shooter at the incident, Donte Brown, were injured and received treatment. Brown was shot on right side of his abdomen and buttocks, while Austin suffered wounds to his abdomen on the left as well as his right thigh, which resulted in a fracture of the bone.

Brown, 24, was originally charged with assault with a dangerous weapon, carrying a pistol without a license, and possession with intent to distribute marijuana for the shooting incident. On May 21, he entered a guilty plea for assault with a dangerous weapon. He awaits his sentencing on August 6.

On March 29, Austin previously accepted a deal, which required him to plead guilty to attempted assault with a dangerous weapon, in exchange for the prosecution not seeking an indictment. Through the deal, parties agreed to a sentencing range of 18-to-36 months.

At the hearing, the prosecution argued that Austin serve the maximum sentence given the “pretty favorable plea agreement” he accepted. He highlighted the serious nature of the offense and the defendant’s criminal history, adding that Austin nearly stabbed an inmate to death at the DC jail on Dec. 20, 2014.

Gregory Copeland, Austin’s defense attorney, acknowledged the consistent presence of his client’s family members at every hearing. Austin’s twin sister, girlfriend, son, and nephew were pointed out by Copeland, among others.

Copeland stated his client has essentially been incarcerated for about ten years as he was convicted in 2014 as a 20-year-old for offenses related to firearms and drugs. He urged Judge Hertzfeld to consider suspending a portion of Austin’s sentence.

Copeland stated that Austin’s sentence “has to be just,” and claimed his client “is a different person” compared to his younger incarcerated self. “I can’t put my finger on it, I just like this guy,” said Copeland.

Despite this, Copeland also contended that “the punishment alone is not sufficient to stop his behavior,” to which Judge Hertzfeld immediately replied, “What is?”

According to Copeland, Austin’s emotional resources were lacking because he did not have adequate rehabilitation assistance or receive appropriate treatment. He also stated that his client should have access to resources for job training and the ability to obtain his GED.

When given the opportunity to speak on his behalf, Austin described himself as “a young man who made a mistake.” He stated he did not think a prison would help him re-enter society, adding that he knows he needs help to “better myself” and “actually rehabilitate myself as a man.”

No victims came forth to give an impact statement.

Ultimately, Judge Hertzfeld sentenced Austin to 36 months of incarceration, followed by three years of supervised release.

Following her ruling on the sentencing, Judge Hertzfeld appreciated Austin’s relatives in the audience, stating he has “more family here then almost anyone I’ve seen in this courtroom.” In reference to this, she told him, “you have a lot of reasons out there to turn it around,” pointing to his family.

Judge Hertzfeld also advised Austin to take advantage of his time in prison “to get [himself] straight.”

“You don’t want to waste your whole life locked up,” stated Judge Hertzfeld to Austin.

No further dates were set.