Murder Defendant Says He Did Not Intend to Kill

By Elizabeth Bernstein [former] - October 29, 2024
Court | Daily Stories | Homicides | Suspects | Victims |

DC Superior Court Judge Maribeth Raffinan sentenced a murder and robbery defendant to 16-and-a-half years of incarceration with all but 14 years suspended, during a hearing on Oct. 25.

On Jan. 5, Jamari Payne, 23, pleaded guilty to second-degree murder while armed for his involvement in the shooting of 57-year-old Bacilio Villatoro on Sept. 22, 2022, on the 3000 block of Adams Street, NE. 

As part of the plea agreement, parties agreed to a sentencing range of 10 to 22 years.

Payne also pleaded guilty to robbery for his involvement in an incident that took place two days prior on Sept. 20, 2022, on the 5300 block of Jay Street, NE.

During the hearing, the prosecution explained that Villatoro was at work as a tree trimmer on the day of the incident. According to the prosecution, Villatoro and his coworkers noticed Payne trying to steal from their truck. Following an interaction, Payne went to his car and retrieved a firearm.

None of the workers followed Payne and fled when they saw a gun. Payne fired four times and struck Villatoro in the back as he was fleeing, killing him, the prosecution said.

The prosecution played a video for the court that showed Payne kneeling on one knee and firing a gun with both hands into the alleyway where the truck was parked. 

Villatoro’s two sons and other family members were present.

One of Villatoro’s sons said his father was always there for him and his family and urged them all to do good and not bad. He described his father as a hard worker who never got involved in anything bad. He concluded by asking for justice and the harshest possible sentence.

The man that owned the house Villatoro and his colleagues were working at on the day of the incident also addressed the court. He the incident as “terrifying” and said he struggles with knowing it could have been anyone who was struck that day.

He said Villatoro was a great help to the community and they would often talk about their families together, describing Villatoro as a man who wanted to provide for his family. He concluded by asking the court to keep the defendant out of the community, stating, “our community and our country deserve better.”

The prosecution then read a victim impact statement from the victim of the Sept. 20 robbery. According to the prosecution, Payne pulled a gun on the victim and stole his phone and wallet.

In the statement, the victim described being “paralyzed with fear” and said the “trauma marked and changed my life.” He wrote about developing anxiety, struggling to socialize and work, and feeling weak and vulnerable in public.

The prosecution addressed another robbery that occurred on Sept. 24, 2022, as part of consideration for sentencing. Payne admitted to this robbery but he charge is being dropped as part of the plea deal.

The prosecution played a video of this incident for the court, which occurred at night at a convenience store. The video shows Payne robbing two college students and pistol whipping one of them.

“I didn’t mean for someone to die – It wasn’t my intention,” Payne’s defense attorney, Jason Tulley quoted Payne.

He said everyone working with Payne believes he shows great remorse and the shooting is not who Payne is.

Tulley attributed Payne’s actions that day to his struggles with drug addiction and mental health and that these incidents are the “tragic” result of a “spiral.”

He said Payne was not conscious when he fired at Villatoro because his brain was “soaked in drugs.”

Tulley explained that Payne lived two separate lives with his mother and his father. Payne’s father “showed him the streets,” and Payne began using drugs and alcohol at twelve years old, according to Tulley. 

Payne’s father suddenly passed in 2018, which profoundly impacting him. Tulley said Payne struggles with anxiety, depression, and post-traumatic stress disorder (PTSD) but never got the help he needed.

Tulley referred to a statement from Payne’s grandmother where she described him as an excellent student and churchgoer who if “given a chance he could be a great asset to the community.”

He noted that Payne is bettering his life in jail by taking college classes and is a loving father to four children. Payne’s children and multiple family members were also present in court.

“I ended someone’s life and my own life that day,” Payne told Judge Raffinan, referencing the shooting of Villatoro. He added, “I hate myself for it” and described being haunted by the incident and crying himself to sleep. 

“Drug addiction got the best of my mental health that day,” he said.

He stated that he cannot believe he took someone’s life and couldn’t believe it was him when shown videos of the incidents.

Judge Rafinnan apologized to Villatoro’s sons and everyone else impacted. She acknowledged that no sentence would make up for the loss and trauma experienced.

She claimed she would take into account all the victim impact statements and Payne’s struggles, including mental health disorders, drug addiction, the loss of his father, and exposure to community and family violence.

Judge Raffinan sentenced Payne to 16-and-a-half years with all but 14 years suspended for the murder of Villatoro and three years with all but two years suspended for the robbery. These sentences will run concurrently to each other as agreed to in the plea agreement.

There are no further dates set.