Judge Denies Sentencing Delay So Shooting Defendant Can Finish School

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DC Superior Court Judge Maribeth Raffinan denied a defense counsel’s request on Aug. 21 to continue a sentencing hearing until August 2025 so the defendant can finish school before being transferred to prison.

On Feb. 9, Eric Lemus, 20, accepted an agreement extended by the prosecution, which required him to plead guilty to assault with intent to kill while armed and possession of a firearm during a crime of violence for his involvement in a non-fatal shooting incident that injured two on March 22, 2023, on the 1000 block of Park Road, NW.

Two representatives from School Justice Project, a legal DC nonprofit serving special education needs, requested that Lemus remain at the DC Jail so he can get help obtaining his GED, while receiving mental health treatment and counseling for his learning disability.

“He could continue seeing trauma therapy through an Individualized Education Program (EP). Or will that door be shut forever?” attorney Katelyn Martinez for the justice project asked the court.

Lemus’ defense attorney, Shawn Sukumar, said he wants Lemus to experience the benefits of a“self-perpetuating feeling of accomplishment” when he completes his studies.

Sukumar said Lemus needs to work through the curriculum now since the Federal Bureau of Prisons (BoP) where he will be transferred does not offer these services.

“What skills has he developed? The connected services are important with a learning disability,” Sukumar said.

A prosecutor said this is a “serious” criminal matter that cannot be delayed since the victims are prepared to deliver impact statements and believed sentencing would be over by now so they can move on with their lives.

It’s not clear whether Lemus will complete his education requirements by August 2025.

The prosecutor said the defense’s request to suspend Lemus’ sentencing is confusing because he would not be earning credit during the extension. They said Lemus already has an “extreme benefit” from their plea offer.

Judge Raffinan denied the defense counsel’s motion to extend hearings until next August.

Parties are scheduled to reconvene Sept. 27.