Judge Extends Condolences to Homicide Victim and Defendant’s Families During Sentencing 

By D.C. Witness Staff - November 18, 2022
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

During a Nov. 18 proceeding, DC Superior Court Judge Rainey Brandt sentenced a murder defendant who allegedly suffers from a long-time PCP addiction. 

Brian Foster, 40, was convicted of second-degree murder after accepting a plea deal on Aug. 31, 2022, in connection to the shooting of 45-year-old Anthony Mitchell on Aug. 18, 2021, on the 3700 block of First Street SE.

At the hearing, both Foster’s defense attorney, Nikki Lotze, and the prosecution agreed to a sentence of 14 years in prison with 5 years of supervised release in addition to drug treatment following his release and a stay-away order from the victim’s family. He must also register as a gun offender.

The prosecution cited Foster’s “low-level” criminal record, contending “these encounters with the law failed to deter him from his path.” 

The Court Services and Offender Supervision Agency (CSOSA), gave Foster a low score for his criminal behavior, which can be attributed to his “extensive drug and gun history.”

According to court documents, witnesses reported that Foster was allegedly smoking marijuana and PCP before perpetrating the shooting. They asserted that he exited the vehicle the men were smoking in and fired shots at Mitchell in his vehicle.

Mitchell reportedly sold liquid PCP and frequented the 3700 block of First Street, SE. That afternoon, the victim traveled there to purchase marijuana from one of the witnesses. He had also, just recently, become a grandfather.

Upon receiving his sentence, the prosecution read a victim impact statement from Mitchell’s mother in which she referred to Foster as “the lowest of them all,” stating, “I hope you will suffer the rest of your life.” 

After the statement, Judge Brandt encouraged Foster to offer his sentiments regarding the incident. 

Foster accepted responsibility for his actions, citing his drug addiction as the reason for his actions.

“This is just the weirdest thing ever,” he said.

When asked to elaborate on this comment by Judge Brandt, the defendant replied, “I don’t know. It was just a bad, bad day.”

Judge Brandt commented on the dangers of PCP use, stating, “you just do things you normally wouldn’t do.”

She lamented the loss of Mitchell and expressed condolences for both the defendant and the victim’s families.

“I hope you find whatever you’re searching for,” Judge Brandt told Foster.