Juvenile Charged with Murder Rejects Plea Deal

By D.C. Witness Staff - October 2, 2020
Daily Stories | Homicides | Juveniles | Suspects | Victims |

On Oct. 1, a juvenile rejected the prosecution’s plea offer.

The juvenile is being charged with first-degree murder and carrying a pistol without a license for allegedly shooting 36-year-old Antonio Gardiner on July 4 on the 1500 block of Pennsylvania Avenue, SE.

The prosecution extended the deal on Aug. 20, and the juvenile’s defense attorney, Kevin O’Sullivan, told parties that the respondent would like an in-person trial.

The offer, as verbally stated by the prosecution, was to lessen the charge to second-degree murder while armed and to drop the firearm charge completely.

DC Superior Court Judge Andrea Hertzfeld declined the defense’s third motion to release the juvenile.

D.C. Witness previously reported on the first and second time Judge Hertzfeld declined a motion for release on Aug. 4 and Aug. 20.

The juvenile is being held in the Department of Youth Rehabilitation Services’ (DYRS) custody and has reportedly been under extremely good behavior, according to O’Sullivan.

O’Sullivan said the seriousness of the charges will give his client motivation to be on his best behavior if he is released. The attorney requested the juvenile’s release into a community shelter house with 24-hour home confinement and GPS monitoring.

O’Sullivan also pointed out that the defendant has not been able to see his mother or any other family members since being held in July, which is close to three months.

Though Judge Hertzfeld acknowledged the complications of the COVID-19 pandemic, she said, “the court can’t fix the problem of the pandemic.”

She said the respondent had a great motivator to stay out of trouble when he allegedly committed the murder. At the time the murder occurred, he was on release in a Deferred Sentencing Agreement in another case, which meant that his guilty charge would have gone away if he had complied with his release conditions.

Given these circumstances, Judge Hertzfeld said she was not comfortable releasing the juvenile, given that she thinks he is a significant risk to the community.

The parties scheduled the juvenile’s next hearing for Oct. 8 to set an initial trial date.

Due to the pandemic, in-person trials are not scheduled until mid-November, however that date could be pushed back. Judge Hertzfeld said she is happy to reconsider scheduling a remote trial if the juvenile changes his mind.