Judge Sentences Convicted Murder to 15 Years in Prison

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On June 7, a DC Superior Court judge sentenced a murder defendant to 15 years in prison for second-degree murder while armed, in addition to four other charges.

Allen Culver, 30, pleaded guilty to second-degree murder while armed as well as to four other charges for shooting 31-year-old Robert Plight. The shooting took place on June 1, 2013, on the 4400 block of Benning Road, NE. Plight had five children, according to WJLA

Judge Todd Edelman suspended all but eight years on the 15-year sentence. He also sentenced Culver to five years for unlawful possession of a firearm with a prior crime of violence, half a year for simple assault, eight years for possession of a firearm during a crime of violence, and two years for carrying a pistol outside the home or business.

Judge Edelman said he would give Culver credit for the time he has already served.

“There’s nothing that I can do here that rights this wrong … criminal sentencing isn’t meant to right wrongs; the purposes are punishment, deterrence, and rehabilitation.” Judge Edelman said.

Judge Edelman acknowledged the difficult circumstances in which Culver had grown up. He said “Culver was born and raised by his mom in Berry Farms which is a very difficult and violent neighborhood.” Judge Edelman also said that Culver’s mother had had significant substance abuse issues and Culver dropped out of high school after the 10th grade.

Edelman also mentioned that, although Culver has had some substance use issues, he does not have a violent criminal history.

Judge Edelman said there was “no evidence presented of Plight’s weapon, [and] Culver was outnumbered in a heated exchange.” Judge Edelman said Culver didn’t have to be there and it was clear that he killed Plight.

Judge Edelman acknowledged that there might have been an element of self defense, but said it was not enough to warrant Culver’s actions.

Larry Caldwell used to mentor Culver through a prison program.  

Caldwell, who has known Culver since he was 17 years old, said the defendant’s mother was violently murdered which “changed him a little.” Caldwell described how Culver had gotten into trouble with nonviolent crimes, such as drug use and minor robbery. But, despite those issues, Caldwell praised Culver’s character and said “he is a changed man” who is “worth redeeming.”

Culver’s defense attorney, Jonathan Zucker, said that, prior to the shooting, Culver had never been accused of a crime of violence. Additionally, in the six years that have passed since the incident, the defense said that Culver had not been in any additional trouble.

 Zucker said that Culver expressed remorse and sympathy for Plight’s family and said he deeply regretted what he had done.

Zucker said Culver shot Plight because he was “scared and fearful.” He said there is a tape of the incident that shows Plight approaching Culver, taking a drink from his hand, and “getting in his face.”

Culver also spoke on his own behalf in front of the court to deliver his side of the story. He said Plight had accused him of trying to rob his brother and cornered him. “To me at that moment, it didn’t seem like a fire drill,” Culver said.

Culver said he didn’t intend to kill Plight; he just wanted to stop him because he was afraid Plight was going to shoot him. Culver said he was sorry for the consequences of his actions and said he just wanted to give his side of the story.

After Culver finished, one of Plight’s family members shouted “exterminate the rat.”

The prosecution said that even though Culver has shown remorse and change since his initial incarceration, it “does not take away from his actions” and the painful impact Plight’s death has had on his family.

In addition to the prison term, Judge Edelman also ordered Culver to pay $500 to the Victims of Violent Crime Fund and register as a firearms offender after his release.

 

 

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