Judge Delays Plea Deal As Homicide Defendant Wavers

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DC Superior Court Judge Neal Kravitz told parties, “I don’t think I can accept this plea under these circumstances,” during a hearing on March 20. The defendant appeared to vacillate between acknowledging guilt and making a claim of self-defense in a homicide.

Antwain Ulmer, 20, is charged with first-degree premeditated murder while armed, assault with intent to kill while armed, two counts of possession of a firearm during a crime of violence, and carrying a pistol without a license, for his alleged involvement in the fatal shooting of 30-year-old Charles Sullivan, and the injury of another individual. The shooting occurred on July 9, 2023 on the 700 block of Kenilworth Avenue, NE.

During the hearing, parties alerted Judge Kravitz that Ulmer was accepting a plea deal which would require him to plead guilty to voluntary manslaughter while armed and assault with a dangerous weapon in exchange for a dismissal of all other charges. Through the deal, parties would agree to a sentencing range of ten-to-16 years of incarceration.

According to the prosecution, if the case goes to trial, they would prove beyond a reasonable doubt that on the day of the incident, Ulmer was at the Circle 7 Express with three associates, when Sullivan arrived with a friend. The prosecution stated as Sullivan walked into the store, Ulmer, who was standing by the door, pulled out a handgun and began shooting, striking Sullivan multiple times. Sullivan, who was armed, attempted to remove his firearm from his waistband, say prosecutors, but was unable to fully extend it.

The prosecutor insisted Ulmer acted knowingly and voluntarily, and did not act in self-defense.

“Is it true that you took a firearm out of your waistband,” Judge Kravitz asked Ulmer, who replied “Yes, sir.”

“What was your thinking when you fired the shots,” asked Judge Kravitz. “I was afraid. I didn’t want none to happen to me… I knew [Sullivan] was a dangerous man,” Ulmer stated.

“Mr. Ulmer was in genuine fear, but he was the first aggressor,” Frances D’Antuono, Ulmer’s attorney, stated.

“I don’t think I can accept this plea under these circumstances,” Judge Kravitz said, adding Ulmer’s statements did not match the prosecutor’s proffer of facts.

“I can’t accept it until he admits to the facts of the crimes,” Judge Kravitz alerted the parties.

Judge Kravitz advised D’Antuono and Thomas Healy, Ulmer’s other attorney, to meet with him and review the terms of the plea agreement before the next hearing.

Parties are slated to reconvene March 28.