Judge Sentences Homicide Defendant to Eight Years

By , Hattie Saal [former] - August 1, 2023
Daily Stories | Homicides | Shooting | Suspects | Victims |

On Aug. 1, DC Superior Court Judge Michael O’Keefe sentenced James Harper to 96-months in prison and five years of supervised release for his role in the killing of Bret Desmarteau. 

On May 12, Harper, 41, pled guilty to one count of voluntary manslaughter and one count of possessing a firearm during a crime of violence for his involvement in a road rage shooting on May 27, 2021. The incident left Desmarteau, 39, dead on the 100 block of Sheridan Street, NE. 

Ring camera footage from nearby residences captured Desmarteau’s motorcycle pulling up behind Harper’s truck, and then the pair started to argue.  The footage shows Harper pulling a firearm and apparently firing four close-range shots at Desmarteau, leaving him incapacitated. 

The prosecution requested a 96-month sentence and five years of supervised release, speaking of the need for strict release conditions to ensure the community’s safety. 

Desmarteau’s mother planned on addressing the court through a victim’s impact statement but said instead, “It’s just too much. I wanted to, but when it comes down to it, I have nothing to say. He’s [Harper] a coward.”

Harper was previously convicted and incarcerated for assault with a dangerous weapon in 2014. After his release, he complied with his supervised release conditions and showed he was  attempting to “better his life.” Harper filed for joint custody of his children and started a non-profit to help homeless individuals in his community. 

However, as defense counsel Marnitta King said, “Mr. Harper was trying to change his life when life caught back up with him.” A survivor of multiple stabbings and shootings, Harper had reportedly been surrounded by violence from a young age. King said that gun violence has severely impacted Harper. 

King requested 72 months imprisonment for Harper, a time she believed would serve as sufficient punishment for his actions while also returning him to his family and community. 

Harper spoke remorsefully of his actions and asked Judge Michael O’Keefe to consider the person he became after his release in 2016. He highlighted his volunteer work and attempts to be more present for his family to show that he had changed.

Despite Harper’s past experiences, Judge O’Keefe emphasized other ways Harper could have acted to prevent this “senseless” death. He agreed that Harper had found a “new trajectory” after his release in 2016 but that the changes showed Harper “continued to make bad decisions.” 

Harper must register as a gun offender, submit to DNA swabbing, and complete a psychological evaluation and treatments if necessary.