Judge Sentences Defendant to Time Served for Gun Possession

By D.C. Witness Staff - September 7, 2018
Court | Daily Stories | Homicides | Suspects |

A DC Superior Court judge sentenced a man, who was charged with murder, to time served after he pleaded guilty to unlawful possession of a firearm with a prior conviction.

Sean Smith, who was initially charged with second-degree murder while armed in 2016, was sentenced according to a plea he took on June 19. Smith allegedly shot and killed Matthew Walker on the 900 block of Eastern Avenue, NE.

According to court documents, Smith, 38, and Walker, 26, were engaged in a verbal confrontation after a party. Both parties were intoxicated. Witnesses said they heard gunshots shortly after the argument.

The District of Columbia Office of the Chief Medical Examiner determined that Walker suffered from multiple gunshots to the hand, arm, chest, abdomen and penis. The decedent was found on the driver’s side of a dark colored Chevrolet van, according to court documents. 

In previous hearings, Smith’s defense attorneys told DC Superior Court Judge Judith Bartnoff that Smith acted in self-defense after Walker pulled a gun on him. Court documents state that only one gun, with DNA from both Smith and Walker, was found on the scene.

According to sentencing guidelines, Smith was eligible to receive a sentence between 24-48 months in prison. However, during the Sept. 5 sentencing, Judge Bartnoff went against sentencing guidelines for the charge, crediting Smith with the 21 months he previously served in DC Jail. Smith was released under the High Intensity Supervision Program in June.

Smith is required to serve three years on supervised release and pay a $100 fine.

“Mr. Smith has started the process of getting his life together,” Judge Bartnoff said. “I don’t see any reason to interrupt that. He’s on the right track and I want him to continue.”