DC Superior Court Judge Andrea Hertzfeld gave two defendants in a carjacking, robbery case 64 month concurrent sentences but reluctantly released the third suspect on probation in a May 20 hearing.
“I don’t know what I’m supposed to do here,”said Judge Hertzfeld as she considered the fate of Jalen Dyson, 25, convicted with the two others in a crime the judge described as “horrible” and horrendous.”
Dyson was originally charged with robbery while armed. His two co-defendants, Yahshaiyah Enoch, 23, faced a count of armed robbery and Xavier Wall was accused of conspiracy, armed carjacking, possession of a firearm in a crime of violence, robbery while armed, assault to commit robbery while armed and first-degree theft.
According to a police report, on June 23, 2023, officers responded to a robbery call at the Ivy City Motel on the 1600 Block of New York Avenue, NE. The victim said he was following up an Instagram connection he made with a woman the previous day suggesting they meet for a tryst at the motel and sent the woman $120 on a cash app.
However, once in the motel room two men appeared, one pointing a gun at the victim and pistol whipping him in what turned out to be a robbery and a carjacking.
What happened next, said the prosecutor, is that the victim was beaten, stripped naked, hog-tied and $200 was stolen from his wallet. “This could have gone even worse,” she said.
The prosecutor noted this is Wall’s 18th arrest and fifth conviction. “He was the most important cog in the machine,” said the prosecutor. Wall was on probation when the robbery occurred. Surveillance helped police identify the suspects.
The victim didn’t appear but the prosecutor said he felt the perpetrators should face severe punishment for their actions.
Considering their records, the sentencing guidelines for Wall and Enoch were up to 72 months and 32 months, respectively. Dyson could have gone to jail for 28 months.
In contrast to the prosecution’s narrative, Dyson’s attorney, Terrence Austin, said his client was deeply remorseful and was fighting to escape from a troubled background and mental health challenges.
When DC Superior Court Judge Eric Glover found no probable cause that Dyson committed the crime in Nov. of 2023, his case was dismissed.
At that point Dyson went back to school. “That shows recognition. I have agency and the ability to speak for myself,” said Austin on behalf of his client..
An advocate for Dyson addressed the court saying, “The last three years have been a time of transformation.”
However, the case was reopened and in March a Grand Jury indicted Dyson on armed carjacking, robbery and related charges. All three defendants then accepted a prosecution offer to plead guilty.
Fighting back tears, Dyson apologized and said, “I’m not the same person I was in 2023.” He currently works at Frontline Community Services, an agency that provides care to patients with intellectual and developmental disabilities. “They absolutely adore Jalen,” says Austin, who argued for probation.
Wall’s attorney, Carrie Waletz, said his previous arrests were not as serious as the current charges and he doesn’t have a violent record. Citing Wall’s troubled upbringing, she said he wants to be a better father for his five-year-old child. In the DC jail he’s nearing completion of his GED and is learning to be a commercial painter.
Wall also apologized for his actions.
Enoch’s lawyer, John Harvey, said the victim wasn’t lured to the motel. “Unfortunately, the victim thought she met that description.” Harvey described Enoch’s actions as a “cry for help” based on her history of mental illness. He emphasized she’s also working on her GED and wants “to be worthy of the love that now exists in the family.”
In Enoch’s soft-spoken apology, she said she “dreamed to be a better person.”
Acknowledging the challenges facing the defendants, Judge Hertzfeld nonetheless scolded them for committing a “calculated, premeditated [and] horrible offense” against the victim and said the plea deal from the prosecution carried significant benefits.
During the hearing she sentenced Wall and Enoch to 44 months for the robbery charge, a concurrent 20 months for carrying a pistol without a license and three years supervised release..
Judge Hertzfeld rejected a defense effort to invoke the Youth Rehabilitation Act (YRA) which would have given her more flexibility in sentencing and sealed the offenders’ records if they were successful in prison.
Clearly, the judge was struggling to thread the sentencing needle for Dyson. “I don’t doubt for a second you didn’t know what was going to happen,” she mused in considering the 10-to-28 month guideline for Dyson’s offense of attempted conspiracy to commit an act of violence.
“On the other hand, I see the progress you’ve made and the progress you’ve achieved to start over,” said the judge.
Her offer was either do the ten month sentence and be done with it. Or take 28 months suspended and three years supervised release. That’s with the understanding that he will remain employed and seek mental health counseling.
“Talk it over with your lawyer,” said Judge Hertzfeld. After a brief consultation, Dyson took the release option.
“I’m giving you a break, so take advantage of it,” said Judge Hertzfeld. The judge also delayed formally entering Wall’s sentence until he finished his GED at the DC Jail.
No further proceedings were scheduled in the cases.
