Judge Delays Murder Hearing to Review Sentencing Question

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DC Superior Court Judge Jason Park delayed a preliminary hearing on March 28 to consider correcting or reducing a sentence in a homicide case with a pending plea deal.

Dawayne Smith, 22, is charged with first-degree murder while armed for his alleged involvement in the fatal shooting of 44-year-old Antonio Riley on Oct. 23, 2024 on the 2300 block of Pennsylvania Avenue, SE.

Judge Park notified the parties that he had received information that Smith was waiving a jury trial along with accepting a plea agreement. He questioned Smith to ensure he understood he was surrendering his rights, that his decision was voluntary and he understood the consequences. Details of the deal were not presented in open court.

Smith’s defense attorney, Madalyn Harvey, brought up an addendum to the agreement that Smith was not waiving his right to file a Rule 35 motion which allows a judge to change or correct an illegally imposed sentence.

The prosecution said this was a surprise and needed time to discuss it before moving forward with the plea agreement.

Judge Park continued the hearing, and parties are expected to reconvene on April 7.