DC Superior Court Judge Danya Dayson delayed co-defendants’ sentencings on July 11 for one of them to consider withdrawing his guilty plea.
Bobby Gupton and James Outland, both 27, accepted a prosecution offer on April 4, pleading to second-degree murder while armed. Their charges stemmed from the fatal shooting of 54-year-old Tavonayna Glenn on June 28, 2023, on the 700 block of 19th Street, NE.
Outland’s defense attorney, Howard McEachern, asked for a continuance in the case following discussions with Outland regarding a potential withdrawal of his guilty plea.
The prosecution noted that the plea deal taken by the co-defendants is wired, meaning the validity of its conditions relies on all parties accepting the offer. Thus, they argued that if Outland were to withdraw his guilty plea, the prosecution would also have to withdraw Gupton’s offer.
Gupton’s defense attorney, Lisbeth Sapirstein, argued that according to her reading of the plea document, Gupton could still go through with sentencing so long as his sentencing were to occur prior to Outland’s successful plea withdrawal, noting that this reflected the reality of the situation at present. McEachern, acknowledging he was not there to represent Gupton, agreed with Sapirstein’s reading.
The prosecution objected arguing that every element of the co-defendants’ pleadings are connected, reiterating that Gupton cannot be sentenced to the lesser plea charge if Outland withdraws.
Judge Dayson affirmed that she would not proceed with any sentencing during the July 11 hearing. She indicated that she was prepared to set a sentencing date for Gupton but was also willing to hear arguments from both parties prior to that date.
Judge Dayson asked Sapirstein to submit a pleading with her request that the court continue with Gupton’s sentencing. Referring to the prosecution’s intention to withdraw Gupton’s plea if Outland withdraws his own, she said “I’m not sure the language of the agreement precludes what they are asking.”
Parties are set to reconvene for each case separately on Aug. 15, Gupton for sentencing and Outland for a status hearing.
