DC Superior Court Judge Jennifer Di Toro sentenced a non-fatal shooting defendant to five years of incarceration on Aug. 20 for an incident that began as an argument over blowing leaves.
Lawrence Murphy, 52, was convicted by a jury on April 4 of aggravated assault knowingly while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm with a prior conviction greater than a year, possession of an unregistered firearm, and unlawful possession of ammunition. The charges stem from his involvement in a non-fatal shooting that injured one victim in his wrist on the 1300 block of Queen Street, NE on March 31, 2020.
According to court documents, the incident ensued after the victim, a landscaper, was blowing leaves into Murphy’s yard.
At the start of the sentencing, Judge Di Toro noted that despite Murphy’s absence of a criminal history, the law required her to impose a mandatory minimum of five years of incarceration.
Prosecutors requested Murphy receive a sentence of 12 years of incarceration–five years for aggravated assault, five years for possession of a firearm during a crime of violence, one year for unlawful possession, three months for the unregistered firearm, and three months for the ammunition charge.
The prosecution emphasized that the victim was an entrepreneur in the community, and the injury changed his daily life because he lost mobility in his wrist. The victim did not attend the sentencing, but prosecutors asked Judge Di Toro to recall his testimony from the trial.
Alvin Thomas, Murphy’s attorney, emphasized the mental health and cognitive struggles Murphy faces. According to Thomas, Murphy was a victim of a past incident that left a bullet in his head, which impacts his impulse control.
Thomas requested a sentence below the guidelines and Judge Di Toro interrupted to remind him of the legal minimum. “I can’t depart,” said the judge.
Judge Di Toro pointed out “Murphy has some genuine struggles” but that the incident caused harm to the victim and the community. She noted bystanders who testified during the trial reported hearing the gunshots.
Judge Di Toro sentenced Murphy to five years for aggravated assault, five years for possession of a firearm during a crime of violence, one year for unlawful possession, three months for the unregistered firearm, and three months for the ammunition charge. All time will run concurrent.
Murphy will serve a total of five years of incarceration with five years of supervised release. He will also be required to register as a gun offender in DC upon his release.
Immediately following the sentencing, US Marshals took Murphy away.
No further dates were set.
