DC Superior Court Judge Rainey Brandt sentenced Gerald Day, 35, on June 18 to five years of imprisonment for his involvement in a firearm assault.
A jury convicted Day on Feb. 25 of possession of a firearm during a crime of violence, assault with a dangerous weapon, carrying a pistol without a license outside a home or business, and threatening to kidnap or injure a person, for pointing a gun at a woman after a fight broke out on Oct. 29, 2023 at the intersection of O Street and Carrollsburg Place, SW.
Under DC’s mandatory minimum sentencing guidelines, Day’s possession of a firearm during a crime of violence necessitated at least five years of imprisonment. Day had no prior criminal history, was a Special Police Officer (SPO) at Howard University, and had assisted in Metropolitan Police Department (MPD) investigations.
Special Police Officers are licensed by the District but can only use police powers within a limited jurisdiction.
Judge Brandt said the sentencing situation was “unfortunate” but legally her “hands are tied.” She referenced CCTV video footage of the altercation and stated that what she saw would result in a crime of violence charge “everyday of the week.”
Day read a letter before the court apologizing to the victim, “I made a dumb decision and I truly apologize.”
Eyewitness testimony at trial established that the victim, after getting jumped, returned to her car and said, “I got something for y’all.” Day said that the last time he’d heard that phrase, he was shot 12 times and his brother was killed.
After Day was sentenced, an apparent family member yelled, “one brother dead, one in jail.” US Marshals escorted the family from the courtroom.
During trial, Day’s attorney Steven Polin said Day pulled his gun because the victim was an “out of control woman…looking for a fight.” At sentencing, the victim said, “I did not deserve that…I am serving a life sentence of fear.”
Judge Brandt responded by saying, “[The victim] did not ask for any of this. Just because she is a strong, confident, unapologetic woman, does not make this her fault.”
The prosecution recommended Day receive concurrent sentences on all charges, amounting to five years total. They stated that if anyone knew the seriousness of pulling a gun, it would have been SPO Day.
Polin recommended five years for the firearm during a crime of violence charge and told Judge Brandt he understood her “hands were tied” in regard to the mandatory minimum. He recommended all remaining charges run concurrently with sentences at the bottom of their respective guideline ranges.
Day’s co-defendant, Paul Poston, 32, shot the victim’s car during the altercation. Poston accepted a plea deal and was sentenced to two years of imprisonment on June 26, 2024. Day was offered a plea deal on Feb. 2 and rejected it.
Prior to sentencing, Day was on release. Judge Brandt denied Polin’s request to allow Day to self-surrender to prison. She justified her decision by saying that after sentencing, “even people with the best of intentions, don’t think straight.”
After incarceration, Day will be on supervised release for three years and will have to register as a gun offender for two years.
No further hearing dates were scheduled.
