In a hearing on June 25, DC Superior Court Judge Todd Edelman rejected a sentence agreed to in a plea deal amid concerns a homicide defendant acted in self-defense.
Emmanuel Lewis, 36, was originally charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, carrying a pistol without a license outside of a home or business, and tampering with physical evidence. These charges stemmed from his involvement in the fatal shooting of 25-year-old Kwame Keith on the 1500 block of Fairlawn Avenue, SE, on Oct. 30, 2023.
Lewis signed an agreement on May 15 in which he pleaded guilty to second-degree murder while armed in exchange for prosecutors dismissing the remaining charges. The agreement specifies that Lewis’ actions were intentional and not in self-defense. This charge carries a maximum penalty of life or 40 years of imprisonment, but parties agreed that Lewis would serve 15 years in prison, subject to Judge Edelman’s approval.
According to Judge Edelman, Lewis suggested in a pre-sentence report filed on June 22 that his actions were in self-defense. In the report, he alleged that Keith had a “machine gun” which Lewis believed that Keith would use in an altercation.
“It was either me or him. I got kids,” Lewis stated in the report.
In court, Judge Edelman expressed concern over the discrepancy, noting that he was “stuck because one of these versions” of the incident “is true and one is not true.”
Lewis’ attorney, Russell Hairston, attempted to clarify that Lewis panicked when he talked with the pre-sentence report writer.
When asked by Judge Edelman whether his actions were in self-defense, Lewis said that Kieth “drew, so I reacted.” However, Lewis maintained that he was not claiming he acted in self-defense.
“I just wanna put this behind me and move forward,” Lewis asserted.
To this, Judge Edelman expressed concern about accepting the parties’ plea agreement, as he predicted that Lewis may later claim that the plea was entered improperly.
“This isn’t going forward today… I just can’t accept a plea,” Judge Edelman said.
Parties are set to reconvene on July 7.
